Читать книгу Our First Half-Century: A Review of Queensland Progress Based Upon Official Information - Queensland - Страница 36
QUEENSLAND.
ОглавлениеLETTERS PATENT erecting Moreton Bay into a Colony, under the name of Queensland, and appointing Sir George Ferguson Bowen, K.C.M.G., to be Captain-General and Governor-in-Chief of the same.
Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to Our trusty and well-beloved Sir George Ferguson Bowen, Knight Commander of Our most distinguished Order of St. Michael and St. George,—
Greeting:
Whereas by a reserved Bill of the Legislature of New South Wales, passed in the seventeenth year of our reign, as amended by an Act passed in the Session of Parliament holden in the eighteenth and nineteenth years of our reign, entitled, "An Act to enable Her Majesty to assent to a Bill, as amended, of the Legislature of New South Wales, to confer a Constitution on New South Wales, and to grant a Civil List to Her Majesty," it was enacted that nothing therein contained should be deemed to prevent us from altering the boundary of the Colony of New South Wales on the north, in such a manner as to us might seem fit; and it was further enacted by the said last recited Act, that if We should at any time exercise the power given to Us by the said reserved Bill of altering the northern boundary of our said colony, it should be lawful for Us by any Letters Patent, to be from time to time issued under the Great Seal of our United Kingdom of Great Britain and Ireland, to erect into a separate Colony or Colonies any territories which might be separated from our said colony of New South Wales by such alterations as aforesaid of the northern boundary thereof, and in and by such Letters Patent, or by Order in Council, to make provision for the Government of any such separate colony, and for the establishment of a Legislature therein, in manner as nearly resembling the form of Government and Legislature which should be at such time established in New South Wales as the circumstances of such separate Colony would allow, and that full power should be given by such Letters Patent or Order in Council to the Legislature of such separate Colony to make further provision in that behalf. Now know you, that We have, in pursuance of the powers vested in us by the said Bill and Act, and of all other powers and authorities in Us in that behalf vested separated from our colony of New South Wales, and erected into a separate Colony, so much of the said colony of New South Wales as lies northward of a line commencing on the sea coast at Point Danger, in latitude about 28 degrees 8 minutes south, and following the range thence which divides the waters of the Tweed, Richmond, and Clarence Rivers from those of the Logan and Brisbane Rivers, westerly, to the great dividing range between the waters falling to the east coast and those of the River Murray; following the great dividing range southerly to the range dividing the waters of Tenterfield Creek from those of the main head of the Dumaresq River; following that range westerly to the Dumaresq River; and following that river (which is locally known as the Severn) downward to its confluence with the Macintyre River; thence following the Macintyre River, which lower down becomes the Barwan, downward to the 29th parallel of south latitude, and following that parallel westerly to the 141st meridian of east longitude, which is the eastern boundary of South Australia, together with all and every the adjacent Islands, their members and appurtenances, in the Pacific Ocean: And do by these presents separate from our said Colony of New South Wales and erect the said territory so described into a separate Colony to be called the Colony of Queensland.
And whereas We have by an Order made by Us in our Privy Council, bearing even date herewith, made provision for the government of our said Colony of Queensland, and we deem it expedient to make more particular provision for the government of our said Colony: Now know you, that We, reposing especial trust and confidence in the prudence, courage, and loyalty of you, the said Sir George Ferguson Bowen, of our especial grace, certain knowledge, and mere motion, have thought fit to constitute and appoint, and do by these presents constitute and appoint you, the said Sir George Ferguson Bowen, to be, during our will and pleasure, our Captain-General and Governor-in-Chief in and over our said Colony of Queensland, and of all forts and garrisons erected and established, or which shall be erected and established within our said Colony, or in its members and appurtenances; And we do hereby authorise, empower, require, and command you, the said Sir George Ferguson Bowen, in due manner, to do and execute all things that shall belong to your said command and the trust We have reposed in you, according to the several powers, provisions, and directions granted or appointed you by virtue of our present Commission, and of the said recited Bill, as amended by the said recited Act; and according to our Order in our Privy Council, bearing even date herewith, and to such instructions as are herewith given to you, or which may from time to time hereafter be given to you, under our Sign Manual and Signet, or by our Order in our Privy Council, or by Us, through one of our Principal Secretaries of State; and according to such laws and ordinances as are now in force in our said Colony of New South Wales and its dependencies, and as shall hereafter be in force in our said Colony of Queensland.
2. And whereas it is ordered by our said Order, made by Us in our Privy Council, bearing even date herewith, that there shall be within our said Colony of Queensland a Legislative Council and a Legislative Assembly, to be severally constituted and composed in the manner in the said Order prescribed; and that We shall have power, by and with the advice and consent of the said Council and Assembly, to make laws for the peace, welfare, and good government of our said Colony in all cases whatever: And it is provided by the above recited Act, that the provisions of the Act of the fourteenth year of Her Majesty, chapter fifty-nine, and of the Act of the sixth year of Her Majesty, chapter seventy-six, intituled, "An Act for the Government of New South Wales and Van Diemen's Land," which relate to the giving and withholding of Her Majesty's assent to bills, and the reservation of bills for the signification of Her Majesty's pleasure thereon, and the instructions to be conveyed to Governors for their guidance in relation to the matters aforesaid and the disallowance of Bills by Her Majesty, shall apply to Bills to be passed by the Legislative Council and Assembly constituted under the said Reserved Bill and Act, and by any other Legislative body or bodies which may at any time hereafter be substituted for the present Council and Assembly: Now We do, by virtue of the powers in Us vested, hereby require and command, that you do take especial care that in making and passing such laws, with the advice and consent of the said Legislative Council, and Legislative Assembly, the provisions, regulations, restrictions, and directions contained in the said Acts of Parliament, and in Our said Order made in Our Privy Council, bearing even date herewith, and in Our instructions under Our Sign Manual, accompanying this Our Commission, or in such future Orders as may be made by Us in Our Privy Council, or in such further instructions under Our Sign Manual and Signet as shall at any time hereafter be issued to you in that behalf, be strictly complied with.
3. And whereas it is expedient that an Executive Council should be appointed to advise and assist you, the said Sir George Ferguson Bowen, in the administration of the Government of our said Colony: Now We do declare Our pleasure to be, that there shall be an Executive Council for Our said Colony, and that the said Council shall consist of such persons as you shall, by instruments to be passed under the Great Seal of our said Colony in Our name and on our behalf, from time to time, nominate and appoint, to be members of the said Executive Council, all which persons shall hold their places in the said Council during Our pleasure: But We do expressly enjoin and require that you do transmit to Us, through one of Our principal Secretaries of State, exemplifications of all such instruments as shall be by you so issued for appointing the members of the said Council.
4. And we do hereby authorise and empower you, the said Sir George Ferguson Bowen, to keep and use the Great Seal of our said colony for sealing all things whatsoever that shall pass the Great Seal of our said colony.
5. And we do hereby give and grant to you, the said Sir George Ferguson Bowen, full power and authority, by and with the advice of the said Executive Council, to grant in Our name and on Our behalf, any waste or unsettled lands in Us vested within Our said Colony, which said grants are to be passed and sealed with the Great Seal of Our said colony, and being entered upon record by such public officer or officers as shall be appointed thereunto, shall be effectual in law against Us, Our heirs or successors: provided nevertheless, that in granting and disposing of such lands you do conform to and observe the provisions in that behalf contained in any law which is or shall be in force within our said colony, or within any part of our said colony, for regulating the sale and disposal of such lands.
6. And we do hereby give and grant unto you, the said Sir George Ferguson Bowen, full power and authority, as you shall see occasion, in our name and on our behalf, to grant to any offender convicted of any crime in any court, or before any judge, justice, or magistrate within our said colony, a pardon, either free or subject to lawful conditions or any respite of the execution of the sentence of any such offender, for such period as to you may seem fit, and to remit any fines, penalties, or forfeitures which may become due and payable to us, but subject to the regulations and directions contained in the instructions under Our Royal Sign Manual and Signet accompanying this our Commission, or in any future instructions as aforesaid.
7. And We do hereby give and grant unto you, the said Sir George Ferguson Bowen, full power and authority, upon sufficient cause to you appearing, to suspend from the exercise of his office, within our said colony, any person exercising any office or place under, or by virtue of, any Commission or Warrant granted, or which may be granted by Us, or in Our name, or under Our authority, which suspension shall continue and have effect only until Our pleasure therein shall be made known and signified to you: And We do hereby strictly require and enjoin you in proceeding to any such suspension, to observe the directions in that behalf given to you by Our present or any future Instructions as aforesaid.
8. And in the event of the death or absence of you, the said Sir George Ferguson Bowen, out of Our said colony of Queensland and its dependencies, We do hereby provide and declare Our pleasure to be, that all and every the powers and authorities herein granted to you shall be, and the same are hereby vested in such person as may be appointed by Us, by Warrant under Our Sign Manuel and Signet, to be Our Lieutenant-Governor of our said colony, or in such person or persons as may be appointed by Us, in like manner, to administer the government in such contingency; or, in the event of there being no person or persons within our said colony so commissioned and appointed by Us as aforesaid, then Our pleasure is, and We do hereby provide and declare, that in any such contingency the powers and authorities herein granted to you shall be, and the same are hereby granted to the Colonial Secretary of our said colony for the time being, and such Lieutenant-Governor, or such person or persons as aforesaid, or such Colonial Secretary, as the case may be, shall exercise all and every the powers and authorities herein granted, until Our further pleasure shall be signified therein.
9. And We do hereby require and command all our officers and ministers, civil, and military, and all other the inhabitants of our said colony of Queensland, to be obedient, aiding and assisting unto you, the said Sir George Ferguson Bowen, or, in the event of your death or absence, to such person or persons, as may, under the provisions of this our Commission assume and exercise the functions of Captain-General and Governor-in-Chief of our said colony.
10. And We do declare that these presents shall take effect so soon as the same shall be received and published in the said colonies.
In Witness whereof we have caused these our Letters to be made Patent. Witness Ourself at Westminster, the sixth day of June, in the twenty-second year of Our Reign. By warrant under the Queen's Sign Manual.
C. Romilly.
Given under my hand and Seal at Government House, Brisbane, this tenth day of December, in the year of our Lord one thousand eight hundred and fifty-nine, in the twenty-third year of Her Majesty's Reign.
(L.s.)
G. F. BOWEN.
By His Excellency's Command,
R. G. W. HERBERT.
