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ANCIENT AUSTRALIA

The history and culture of the 'Great South Land' and it's Sovereign Tribal Nations.

AUSTRALIA - A LEGAL FICTION

Captain Cook lied, he purchased no land from the First Peoples of this continent or it's islands. He acknowledged the inhabitants lived in houses, and he shot them. No decent person would have done that! 
James Cook Journal entry, 29 April 1770, Cook's Journal: Daily Entries, National Library of Australia website, available from: http://southseas.nla.gov.au/journals/cook/17700429.html 

Joseph Banks also noted this country was occupied by people who lived in houses and disputed his landing, he also acknowledged he shot some of them. That is not what you would expect from a 'civilised' man.
Joseph Banks, journal entry, 28 April 1770, Bank's Journal: Daily Entries, National Library of Australia website, available from: http://southseas.nla.gov.au/journals/banks/17700428.html 

The Crown did not claim Australia. In 1836, King William IV acknowledged the rights of Australia's Original Peoples to occupy and enjoy their lands, in the South Australian Letters Patent: King William the Fourth, Letters Patent Erecting and Establishing the Province of South Australia, 19 February 1836, Available from Australian Government Founding Documents website: http://foundingdocs.gov.au/resources/transcripts/sa2_doc_1836.pdf

Pictured above are the  South Australian Letters Patent: King William the Fourth, Letters Patent Erecting and Establishing the Province of South Australia, 19 February 1836, image available here: http://boundforsouthaustralia.net.au/wp-content/uploads/2011/02/GRG2_64_0_1_1_img001.jpg 

Please watch the videos, and learn about the South Australian Letters Patent, and the High Court Challenge based on the information they contain on the 'Kings Seal' website, where you can also view a translation of the letters Patent:
http://www.kingsseal.com.au/index.html
 

In the letters Letters Patent erecting Moreton Bay into a Colony, under the name of Queensland of (1859), Queen Victoria instructed Sir George Ferguson Bowen, that  these laws were affirmed in Queensland with the instructions to govern '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.' 
Queen Victoria, Letters 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 (1859), available from Queensland government website:
https://www.legislation.qld.gov.au/LEGISLTN/REPEALED/L/LetPatColQld1859_01_.pdf 

Queen Victoria affirmed this in 'Saving the rights of the tribes.....' in her the Pacific Islanders Protection acts of 1875 and 1876:
Queen Victoria, The Pacific Islander Protection Act 1875 UK, Ozcase Queensland Historical Legal Collection website, available from: http://ozcase.library.qut.edu.au/qhlc/documents/qr_paci_pacific_1875_38-39_Vic_c51.pdf 
 
As late as 1909 Aboriginal Protector Richard Howard acknowledged the independent Sovereignty of each Tribe, who each had territories with well defined borders, passed down 'from time immemorial' :
Richard B Howard, 1910 Queensland Annual Report of The Chief Protector of Aboriginals for the Year 1909, (Brisbane: Anthony James Cumming, 1910), p.6. Available from AIASIS website, accessed September 2014: 
http://www.aiatsis.gov.au/_files/archive/removeprotect/63654.pdf   

HISTORY SHOWS THAT AUSTRALIAN 'LAWS' HAVE NO JURISDICTION OVER FIRST NATION TRIBES OR THEIR LANDS or by extension over any 'Australian', as excess of power is not and never has been law. 
An example of legal recognition of this fact is illustrated by Chief Justice Latham, of the High Court of Australia, who stated in 1942, in the Uniform Tax Case HCA (High Court of Australia) 1942 (65 CLR 373 at 408):
'A pretend law made in excess of power is not and never has been a law at all', and 'If it is beyond power it is void ab initio'.
Justice Latham then went on to clearly state that “Anybody in the country is entitled to disregard it.” 

Chief Justice Latham, of the High Court of Australia. Uniform Tax Case HCA (High Court of Australia) 1942 (65 CLR 373 at 408 and following). http://www.austlii.edu.au/cgi-bin/download.cgi/cgi-bin/download.cgi/download/au/cases/cth/HCA/1942/14.pdf

You can learn about the consequences of those who disobeyed the laws, and those who continue to do so, on the AUSTRALIAN GENOCIDE page.