This post, I’m going to explore the beginnings of the colony of New Wales, also known as New South Wales, and where it’s borders lay.

Cook’s Possession Claim

Starting with James Cook’s claim of possession;

Having satisfied myself of the great Probability of a passage, thro’ which I intend going with the Ship, and therefore may land no more upon this Eastern coast of New Holland, and on the Western side I can make no new discovery, the honour of which belongs to the Dutch Navigators, but the Eastern Coast from the Latitude of 38 degrees South down to this place, I am confident, was never seen or Visited by any European before us; and notwithstanding I had in the Name of his Majesty taken possession of several places upon this Coast, I now once More hoisted English Colours, and in the Name of His Majesty King George the Third took possession of the whole Eastern coast from the above Latitude down to this place by the Name of New (*South) Wales, together with all the Bays, Harbours, Rivers, and Islands, situated upon the said Coast;

The asterixis is because some versions have New Wales, some have New South Wales.

Cook has claimed possession of the whole Eastern coast including all the Bays, Harbours, Rivers and Islands situated upon the said Coast from the latitude of 38 degrees south to “this place” (Possession Island, west of Cape York).

What does this claim include? Rivers means river catchments. Cook has claimed possession of land east of the Great Dividing Range. However, Cook doesn’t know how far the rivers extend inland. He doesn’t know that the Great Dividing Range hugs not far inland of the east coast. Here is a map showing what he has actually claimed;

Below is a map showing what Cook may think (tell him he’s dreaming!) he is claiming;

I have included a made-up river system here to demonstrate – Cook had no idea what he actually claimed. The British will not know what Cook claimed until they explore inland to find where the east coast rivers originate.

Phillip’s Instructions

In 1788, the First Fleet arrived. Governor Phillip had the following instructions;

With these Our Instructions you will receive Our Commission under Our Great seal constituting and appointing you to be Our Captain General and Governor in Chief of Our Territory called New South Wales extending from the Northern Cape or Extremity of the Coast called Cape York in the Latitude of Ten Degrees thirty seven Minutes south, to the Southern Extremity of the said Territory of New South Wales, or South Cape, in the Latitude of Forty three Degrees Thirty nine Minutes south, and of all the Country Inland to the Westward as far as the One hundred and Thirty fifth Degree of East Longitude, reckoning from the Meridian of Greenwich including all the Islands adjacent in the Pacific – Ocean within the Latitudes aforesaid of 10 º 37′ South, and 43º 39′ South, and of all Towns, Garrisons, Castles, Forts, and all other Fortifications, or other Military Works which may be hereafter erected upon the said Territory, or any of the said Islands, with directions to obey such Orders and Instructions as shall from time to time be given to you under Our Signet and Sign Manual, or by Our Order in our Privy Council; You are therefore to fit Yourself with all convenient speed, and to hold yourself in readiness to repair to Your said Command, and being arrived, to take, upon the execution of the place and trust We have reposed in You, and as soon as conveniently may be with all due solemnity to cause our said Commission under our Great Seal of Great Britain constituting you Our Governor and Commander in chief as aforesaid, to be read and published.

Note here, Governor Phillip is being appointed governor of “OUR TERRITORY called NEW SOUTH WALES”. This would indicate territory that is already British territory, and it makes a direct link with Cook’s claim of First Discovery by referring to the name New South Wales.

But the territorial limits given here in Phillip’s commission extend beyond “OUR TERRITORY”. This is necessary because the British do not know how far Cook’s claim of rivers extends inland. The British are casting the net wide to be on the safe-side, because they simply don’t know how far the rivers go inland.

BUT – the appointment of a governor over this extended area is not the same as claiming British possession of lands outside of Cook’s claim. These instructions pertain to a mere administrative arrangement for the role of Governor.

This appointment is incorrectly and commonly read as a demarcation of the boundary of New South Wales at 135 degrees east – the line that runs down the middle of the continent. But areas beyond the Great Dividing Range were never claimed as “Our territory” under British First Discovery. The Governor only has authority over “OUR TERRITORY”, that ALSO lies within his administrative limit. To administer lands and Aboriginal people outside of that claimed area is Ultra Vires (outside of proper authority) even if the Doctrines of Discovery themselves are considered valid.

Oddities and mismatches

There are a few other oddities between Cook’s claim and Phillip’s commission.

One is about Islands. Cook claimed islands adjacent (“situated upon”) to the coast. Phillip’s commission extended to islands in the Pacific between two latitudes. This makes a mismatch.

So where does that leave islands such as Goat Island (the island in Sydney harbour recently returned to the Aboriginal Community), Groote Eylandt in the Gulf of Carpentaria, Kangaroo Island, Mer – the island of Edward Koiki Mabo? Neither fall inside of Cook’s claim or in Phillip’s commission. They are not in the Pacific (or for Mer – too far north), and they are not “situated upon” Cook’s explored coastline. Notice that many such islands have been ‘given back’ somewhat. Kangaroo Island an exception, possibly because the British found it to be uninhabited when they first found it.