Posts Tagged ‘mabo’

AIR-BRUSHED – INVASION – EYES WIDE SHUT

Wednesday, November 1st, 2017

1790 – 13 December: ‘Bring in six [6] of those natives who reside near the head of Botany Bay, or if that should be found impractical, to put that number to  death…cut off and bring in the heads of the slain’. Extract: General Orders, Governor Arthur Phillip to Marine Captain Watkin Tench, Sydney, 13 December 1790, Historical Records of New South Wales.

1889 – 3 April, London: Lord Watson, Lord Fitzgerald, Lord Hobhouse, Lord MacNaghton, Sir William Grove, in Cooper V Stuart [1889] 14 AC, Privy Council of the United Kingdom, ruled:

[13] ‘There was no land law existing in the Colony (New South Wales) at the time of its [peaceful] annexation to the Crown’.

‘The Old Privy Council decision in Cooper V Stuart [1889] was based on the factual errors that Australia was peacefully settled and that Aborigines were never in possession of the land’. Professor Bruce Kercher, An Unruly Child, A History of Law in Australia, 1994

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A CRACKER-JACK OPINION – NO SWEAT

Tuesday, July 19th, 2016

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.

Not until the High Court gave its Mabo judgement in 1992 was there a legal recognition that Aborigines owned and possessed their traditional lands’. Stuart Mac Intyre, A Concise History of Australia, Melbourne University Press, 2004 

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

1771 – England: In  July 1771 Lieutenant James Cook RN returned to England from the Endeavour voyage and reported New Holland was inhabited.

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

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INVASION – THE GREAT BLACK WHITE DIVIDE

Monday, June 20th, 2016

The Old Privy Council decision in Cooper V Stuart [1889] was based on the factual error that Australia was peacefully settled and that Aborigines were never in possession of the land. That case was also inconsistent with the common law decisions of the United States, Canada and New Zealand. In short, it was wrongly decided’. Professor Bruce Kercher, An Unruly Child, A History of Law in Australia, Allen & Unwin, 1994

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