Posts Tagged ‘mabo’

A WORM-HOLE: RICHARD ATKIN’S DIARY & THE FIRST BLACK HOLE

Wednesday, February 21st, 2018

‘You are also with the consent of the natives to take possession of convenient situations in the country in the name of the King of Great  Britain, or if you find the country uninhabited take possession for His Majesty by setting up proper marks and inscriptions as first discoverers and possessors’. British Admiralty Instructions to Lieutenant James Cook RN, 1768. 

1770 – April, Possession Island: In 1770 in the name of His Majesty King George III of England Lieutenant James Cook RN laid claim to New Holland, naming the country New Wales.

1788 – January 26/27/28, Sydney: Commanded by Captain Arthur Phillip RN a British army – 1455 – comprising five hundred and seventy (570) male criminals – ‘rationed as troops serving in the West Indies’ – two hundred (200) Royal Naval personnel, two hundred and forty-five (245) marines, four hundred and forty (440) merchant seamen and twenty (20) officials disembarked at Warrane (Sydney Cove). See: A Tale of Two Fleets

‘Military power was the most decisive fact about the early settlements; it was the frame within which everything else happened’. R. Connell and T.H. Irving, Class Structure in Australian History, Documents, Narrative and Argument, 1980.

1788 – 7 February, Port Jackson: Captain-General, now Governor Arthur Phillip RN, raised the Union Jack and; ‘using a form of words’ took ‘effective occupation’ of the island continent of New Holland, now Australia, for the British Empire.

‘You cannot overrate the solicitude of H.M. Government on the subject of the Aborigines of New Holland. It is impossible to contemplate the condition or the prospects of that unfortunate race without the deepest commiseration. Still it is impossible that the government should forget that the original aggression was ours’. Lord John Russell to Sir George Gipps, Despatch, 21 December 1838, Series 1, Vol. XX.

The winner-takes-all mindset of Britain’s ‘original aggression’ laid down in 1788 was set in stone during two (2) critical periods of absolute military rule between 1792-1795 and 1808-1810.

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AIR-BRUSHED – INVASION – EYES WIDE SHUT

Wednesday, November 1st, 2017

‘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

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’.

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.

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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

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

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

‘According to international law ‘only if uninhabited could one country take effective possession of another country, claim ownership for itself and share it out among its own people’.

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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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