Archive for the ‘America’ Category

A CRACKER-JACK OPINION – NO SWEAT

Tuesday, July 19th, 2016

‘During the period 1763-1793 the character of the Second British Empire was being formed…the empire of commerce in the Indian and Pacific Oceans’. Vincent T. Harlow, The Founding of the Second British Empire 1763-1793, Vol. 2 Longmans, 1963

1771 – England: Lieutenant James Cook RN returned to England in 1771 from the Endeavour voyage (1786-1771) and reported the island continent New Holland, given that name by Dutch explorers, was inhabited.

‘The natives of the country…live in Tranquility which is not disturb’d by the inequality of condition’. James Cook, Endeavour Journal

According eighteenth century international law only if territory was without inhabitants could it be claimed by another nation then shared out amongst that nations’ citizens.

The whole claim of sovereignty and ownership on the basis of terra nullius was manifestly based on a misreading of Australian circumstance, not that this prevented Phillip from hoisting the Union Jack in 1788 and expropriating the owners of Sydney Cove. Stuart Mac Intyre, A Concise History of Australia, Melbourne University Press, 2004  

ACTUAL OCCUPATION: ‘EXISTING IN FACT’ – OXFORD ENGLISH DICTIONARY

England’s lawyers burned midnight oil as they sought to establish legal grounds that would allow Britain take ‘effective occupation’ from those in ‘actual possessionof New Holland.

To that end they studied the tortuous twists and turns of English law, as laid down in the ‘Commentaries’ of England’s leading jurist Sir William Blackstone.

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