Anonymous 1221
Anonymous 1221 argues that self-determination involves eradicating any belief in "terra nullius" and recognising the original inhabitants' native title to their land. They reference historical proclamations to support their view that the land was never legally considered empty or unowned.
Submission Transcription
Eradicating ANY BELIEF, ASSERTION or ALLEGATION being held henceforth by ANY VICTORIAN PUBLIC INSTITUTION from the PARLIAMENT to the GOVERNMENT to all the VICTORIAN JUDICIARY and down to all INDIVIDUAL VICTORIAN STATE OFFICERS, AGENTS (whoever & globally wherever such may be), EMPLOYEES, STATUORY APPOINTEES or VOLUNTEERS, that the following [hereafter the immediately below] as efficaciously extracted herewith [as truncated legally with emphatic abbreviation]: ‘I, the Governor, … do hereby proclaim & notify to all [HM]’s Subjects, & others whom it may concern, that every [PROPERTY] treaty, bargain, & contract with the Aboriginal Natives, …for the possession, title, or claim to any Lands lying & being w/in the limits of the Government of the Colony of [NSW], as the same are laid down & defined by [HM]’s Commission; [ie] to say, extending from the Northern Cape, or extremity of the Coast called Cape York, in the latitude of [10deg37min] S., to the Southern extremity of the said Territory of [NSW], or Wilson’s Promontory, in the latitude of [39deg12min] S., & embracing all the Country inland to the Westward, as far as the [129th deg] of E. longitude, reckoning from the meridian of Greenwich, including all the Islands adjacent, in the Pacific Ocean w/in the latitude aforesaid, & including also Norfolk Island, is void & of no effect against the rights of the Crown; & that all Persons who shall be found in possession of any such Lands as aforesaid, w/o the license or authority of [HMG], for such purpose, first had & obtained, will be considered as trespassers, & liable to be dealt with in like manner as other intruders upon the vacant Lands of the Crown w/in the said Colony. [26-8-1835]’ that is fairly comprised by the full published text at: https://www.foundingdocs.gov.au/resources/transcripts/nsw7_doc_1835.pdf, justifies any other finally correct conclusion of fact or in a final determination in law than that this Proclamation of NSW Governor Richard Bourke issued by the Colonial Office on 26 August 1835, legally recognized that on 6 June 1835 John Batman by a purported deed of that date had the intent, and had attempted, to obtain landed property owned by its original inhabitants under the reservation in Amity by the Crown of Great Britain on 25 April 1787 in the Admiralty Instructions to Arthur Phillip issued in London by Geo III of a native title in them to that land under the protection of the Royal Proclamation of Geo III of 7 October 1763 issued in the Court of St. James, London, England, whereby this purported deed of John Batman was null and void as a trespass on the then alive and present ongoing right of the Crown under that 7 October 1763 native title Royal Proclamation of Geo III to otherwise have decided about the ambulatory native title by the Crown later either seeking and obtaining, in a party-party sale, the purchase from the native title occupants of the property of the land that the native title occupants own, or seeking and obtaining a concession to the Crown of the property of the land that the native title occupants own in a like Amity conciliation of affections of the native title occupants undertaken by the Crown, or the Crown instead otherwise determining the native title by recognizing the property of the original occupants as an Aboriginal Title which was done later in excising land from NSW to establish and erect South Australia on that excised portion of NSW by Letters Patent issued in the like Court of St. James, London, United Kingdom by William IV on 19 February 1836. Accordingly, there was on 26 August 1835 no institution nor recognition of any legal fiction of “terra nullius” implicit nor necessarily implied nor lawfully presumed in the Proclamation of Governor Richard Bourke of 26 August 1835, and NO BELIEF, ASSERTION or ALLEGATION may fairly or reasonably be held henceforth by ANY VICTORIAN PUBLIC INSTITUTION from the PARLIAMENT to the GOVERNMENT to all the VICTORIAN JUDICIARY and down to all INDIVIDUAL VICTORIAN STATE OFFICERS, AGENTS (whoever & globally wherever such may be), EMPLOYEES, STATUORY APPOINTEES or VOLUNTEERS, to the contrary AS THAT PERNICIOUS MYTH IS NOW HEREWITH TRULY BUSTED in a legitimate exposition of what a trespass on the right of the Crown necessarily has to refer to in acknowledging that it is the original occupying inhabitants who alone then held property in the land they occupied under native title subject to the Crown directly or expressly to determine to the contrary. It is certain that the NSW Proclamation of 26 August 1835 of Governor Bourke declaring the deed of John Batman of 6 June 1835 “void and of no effect against the rights of the Crown” neither directly nor impliedly so proclaimed that the native title of the original occupants who owned the property of the land under their occupation was determined in any exercise by the Crown to a contrary reservation that the land henceforth was reserved solely to the Crown as its property to the complete exclusion or the ownership of it by its original occupants, solely by those so legally proclaimed words proscribing the purported deed of John Batman of 6 June 1835 as: “void and of no effect against the rights of the Crown”. Instead, these words expose “terra nullius” to be as much void and of no effect to the property held by all the original inhabitants occupying their native title land then as the deed of John Batman.
Truth-teller consent
Sian Prior
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Peter Noble
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Matt Dixon (2)
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Anonymous 1386
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