Australia's claim to be a legitimate government reveals an intriguing web of deceit

First Nations and Peoples' sovereignty has never been ceded. It is not for an occupying colonial power to shield itself from contested sovereignty by hiding behind the Act of State doctrine and then claiming its sovereignty cannot be challenged, when First Nations' sovereignty is pre-existing and continuing, holding the oldest Law and cultures on earth.
 
Clearly, the courts of the invader society either have no legal will to recognise the pre-existing sovereign States of settled native laws that pre-existed prior to the coming of the Bible and the Christina Doctrine of Discovery. But the judges, who claim an association with God through the Bible, ignore the teaching of inherited land ownership as demarcated through boundary stones and other markers.

First Nations' sovereignty is pre-existing and continuing, holding the oldest Law and cultures on earth. The First Nations and Peoples' sovereignty has never been ceded, as demonstrated by the many sketches/paintings and the diaries/Newspapers/Public records of the invaders. However, they never made an official 'Declaration of War', so they cannot claim victory. There is plenty of documented evidence of the 'Undeclared' Frontier Wars too etc. See some recent research on the Frontier Wars in South East Queensland here

Ghillar, Michael Anderson 1 April 2016

Eddie Koiki Mabo (c 1936 - 1992)
 

The Doctrine of Discovery is a principle of international law dating from the late 15th century. It has its roots in a papal decree issued by Pope Nicholas V in 1452 that specifically sanctioned and promoted the conquest, colonization, and exploitation of non-Christian territories and peoples. See more

I have recently been sent a letter from one of our people caught up in a Native Title claim and who is trying to understand if there are any benefits that result from the Native Title process.

She asked me to interpret the attached letter from the Commonwealth Attorney-General's Native Title Unit and for me to give my opinion as to the truth of the AGs position, which is crystallised as:

From my understanding of history and the colonial law I can categorically say that the Attorney-General's position is wrong and is deliberately misleading the Native Title claimant.

The High Court Mabo v Queensland (No 2) failed to settle the matter of contested sovereignties on the Australian continent, but merely stated that sovereignty was an issue that could not be dealt with in the municipal (domestic) courts [at para 31]. This is because to do so would negate the validity of the High Court itself, since its very existence depends on the body of colonial law imported from Britain.

First Nations and Peoples' sovereignty has never been ceded. It is not for an occupying colonial power to shield itself from contested sovereignty by hiding behind the Act of State doctrine and then claiming its sovereignty cannot be challenged, when First Nations' sovereignty is pre-existing and continuing, holding the oldest Law and cultures on earth.

Clearly, the courts of the invader society have no legal will to recognise the pre-existing sovereign States of settled native laws that pre-existed prior to the coming of the Bible and the Christina Doctrine of Discovery. The American case McIntosh which established the Doctrine of Act of State is solely for the purpose of ensuring and maintaining the illegitimacy and assumed authority by the invaders themselves. But these same judges, who claim an association with God through the Bible, ignore the teaching of inherited land ownership as demarcated through boundary stones.

When we look at this we can only conclude the inadequacies of the contemporary judicial system to adjudicate without prejudice, but as stated above on the issue of Aboriginal sovereignty within Australia, the High Court said in Mabo that the issue of sovereignty is not justiciable within the municipal courts. This decision separates this unresolved question and does not kill off the question in its entirety at all. The High Court of Australia can only deal the issues of the invader State. Sovereignty is ours to assert and the domestic courts in Australia cannot deal with nor interfere with our exercise of our sovereign rights.

The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. Wikipedia

A closer look at Australia's claim to be a legitimate government reveals an intriguing web of deceit. From the outset Britain invaded our lands and territories, but over time developed spin to reassure the world that the government was legitimate.

Major-General Lachlan Macquarie CB was a British Army officer and colonial administrator from Scotland. Wikipedia

 

Ellis Bent was the Deputy Judge Advocate between 1810 and 1815 of the 'Australian' colony of New South Wales, which was eventually declared an 'Australian state' by the invaders. Wikipedia

Recently uncovered correspondence and despatches between England and the official authorities and non-official personnel within the colony of New South Wales clearly demonstrate that Australia goes from one denial and distortions of the truth to another, in order to attempt to create a semblance of legitimacy.

The historical communiques and despatches show that many of the Australian governors appointed by Britain had transgressed their powers as per their terms of reference as governors of the colony [commission].

Presently Australian courts inform us that all the laws of England came with the invaders, euphemistically called the 'settlers', but this is not true. The laws that governed the colony of NSW from its inception and for 35 years thereafter were ones of absolute confusion and frustration. It was not until Lachlan Macquarie became governor of NSW and he brought with him two brothers who were themselves trained in England as attorneys that the illegalities operating in the colony were exposed.

These two lawyers, Ellis Bent in particular, communicated with England expressing concern about the legalities of the court system that had been introduced in the colony and the power of the governor to issue proclamations and other orders, as the governor without any restraint or checks and balances.

Originally much of the discontent centred around trade and taxes. Documents reveal that Governor Macquarie ruled vigorously to ensure stability and order within the colony and in doing so his authority was questioned by major colonial figures, such as the first Deputy Judge Advocate and Jeremy Bentham, who on two occasions, 2 November and 18 December 1802, told Lord Pelham that he was critical of the experiment of penal colonisation and spoke of the illegalities which characterised the administrative system, because of the oppression of British subjects (the convicts and free 'settlers') who he said were denied all the rights of the Magna Carta, the Petition of Rights, the Habeas Corpus Act and the Bill of Rights. Further, Bentham questioned the validity of governors' proclamations in Australia.

Before Governor Macquarie there was a corrupt and lawless society leading to military personnel and their friends taking up large parcels of land without authority. This illegal action continues to haunt 'Australia' today as these early families continue to benefit from the proceeds of crime.

Having made these criticisms he was also careful to say that while denying their legality, they were expedient. This can be no justification for tyrannical rule that set up an illegal regime and an oppressive State.

The increasing concern in Britain about the autocratic powers exercised by the governor revealed that what Macquarie had done was ultra vires (outside the law). Other senior officials in England also expressed further concern some about the application of English law, particularly as it related to the colony of NSW.

In fact it is clearly not true that civil and criminal law came with the colonialists at the start because Governor Phillip merely came with a Charter of Justice. Up until 1811 the Charter of Justice had never been amended and so the questions and confusion reigned in relation to the nature of the judicial system that was operating in the colony of NSW in those first 35 years. There were three levels of the justice system that were uncertain. The only certainty that existed was the Admiralty Court relating to military law. The problem, however, was that this court only applied to members of the military and those in uniform. After this was realised Governor Macquarie began to appoint some of the British subjects present in the colony of NSW to be magistrates in different regions. This included in some cases ex-convicts, who, prior to Macquarie's governorship, had been part of a corrupt and lawless society after Captain Bligh had earlier been removed from his office as governor of NSW. This had led to military personnel and their friends taking up large parcels of land without authority. This illegal action continues to haunt Australia today as these early families continue to benefit from the proceeds of crime.

Correspondence and communiques between Britain and Australia reveal that the English parliament was the only authority that could validate the laws of the governor. In fact much of the correspondence related to the powers of the governors to issue proclamations. In particular J. H Bent, Deputy-Judge-Advocate, wrote to Lachlan Macquarie on 2 October 1815 with respect to the validity of governors' orders. Judge Bent, who had come to New South Wales with Lachlan Macquarie, wrote to Lord Bathurst:

In effect Judge Bent had expressed an admission against interest when writing to Lord Bathurst since he explained that he had found in the Governor's orders much that appeared to him to be 'directly adverse to the laws of England.'

In 1936 A.C. V. Melbourne wrote in Early Constitutional Development of Australia regarding Bent giving legal counsel to Lord Bathurst:

Then Judge Bent later confided in a letter to Lord Bathurst dated 1 July 1815:

Judge Bent then added in the same letter:

Evidence shows that Lachlan Macquarie's autocratic and tyrannical rule was of enormous concern. A. C. V. Melbourne in Early Constitutional Development of Australia at page 33 observed that:

On the departure of the Bent brothers Baron Field was appointed judge in 1816, however, he also had difficulty in admitting the illegality of Macquarie's proclamations, so much so that Field's suggested that the solicitor for the Crown in New South Wales should be warned not to proceed in legal suits. Baron Field said:

Field's concern in the correspondence suggested an anxiety to prevent public discussion on the question of legalities and he quoted various authorities, which had arisen as a result of the rebellion in the American colonies. In one quote he said in relation to proclamations regarding duties and taxes:

In relation to the legalisation of the Governor's powers and authority it was necessary to determine the terms of his Instructions when appointed, because it appears from the records that the English authorities were increasingly concerned about the legal ties and connection to the land known at that time to be New South Wales. In this regard the questions that were becoming very evident were the powers to govern on these lands, because as A.C. V. Melbourne wrote at page 34:

We apprehend His Majesty by his Royal Prerogative has not the right either by himself or through the medium of his Governor to make laws for levying of taxes in such colonies; such taxes can only, under the present circumstances of that colony, be imposed by the Parliament of the United Kingdom.

(The Governor Generals' Rolls Royce at Government House, Yarralumla, Canberra, 2011)

Since these laws and proclamations were ultra vires, the question arises for us as Aboriginal people - did the British Parliament legalise proclamations of Martial Law within the colony, which gave them military and the civil community the right to slaughter with impunity Aboriginal Peoples across this country?

The Colonial Laws Validation Act 1865 does not legitimise any of the illegal proclamations by the governors during the early colonial period. This Act itself only validates laws passed in colonial houses of legislatures.

It is now very clear why former Premier NSW Premier Kristina Keneally 's put an indemnity clause in the NSW Constitution Act 1902 as amended against any wrongdoings against the Aboriginal people of NSW, while at the same time recognising us in the NSW Constitution:

This flies in the face of what the Commonwealth Attorneys General's department Native Title Unit said in the letter above dated 17 February 2016. Clearly there are deep issues afoot. Denial can only last so long as truth has a life of its own.

Wrestling, football and probably many other sports, astronomy, sustainable aquaculture, aquiculture and a sophisticated communications systems of passing down knowledge were already on this continent but the European colonisers made sure all of these were destroyed at the same time of their killing sprees, in painstaking detail.

First Nations' sovereignty is pre-existing and continuing, holding the oldest Law and cultures on earth

Contact: Ghillar Michael Anderson
Convenor of Sovereign Union of First Nations and Peoples
and Head of State of the Euahlayi Peoples Republic -
Contact Details for Ghillar