Queen Victoria: Crown owns nothing, Aborigines sovereign

Michael Anderson, Goodooga, northwest NSW, 18th October 2011

The Crown doesn't legally own anything in Australia because Queen Victoria and the House of Lords said so in an 1875 Act.

Nor were the Australian colonies of the time "to derogate from the rights of the tribes or people inhabiting such islands or places, or of chiefs or rulers thereof".

The startling findings are cited in a media release by Michael Anderson, Aboriginal activist and last surviving member of the four young Black Power men who started the Tent Embassy in Canberra in 1972.

A lawyer by training, Mr Anderson and others are gathering evidence that Australian governments have no sovereignty over this country and that Aborigines will assert theirs. Australian jurisdiction is already being challenged in court cases involving Aborigines.

The 1875 legislation is the Pacific Islanders Act*, which states in Article 7:

"Saving the Rights of tribes - Nothing herein or in any such Order on Council contained shall extend or be construed to extend to invest Her majesty with any claim or title whatsoever to dominion or sovereignty over any such islands or places as aforesaid, or to derogate from the rights of the tribes or people inhabiting such islands or places, or of chiefs or rulers thereof, to such sovereignty or dominion, and at copy of every such Order in Council shall be laid before each House of Parliament within thirty days after the issue thereof, unless Parliament shall not then be in session, in which case a copy shall be laid before each House of Parliament within thirty days after the commencement of the next ensuing session."

The Act applied to all Aboriginal peoples of the Pacific, including Queensland, New South Wales, Victoria, South Australia (which then included the Northern Territory) and Western Australia.

"We now call upon Queen Elizabeth II to show true leadership in her capacity as 'Queen of Australia' to bring an end to the colonial governance of Aboriginal Peoples," Mr Anderson writes.

He explains that Elders of the previous Aboriginal political movement "always informed us young ones that Queen Victoria had granted ownership to land and recognised our Law/Lore men and Law/Lore women as our leaders".

This had been very difficult to unravel, because the Elders could not put their finger on how Queen Victoria had recognised and granted land ownership to Aboriginal Peoples.

"The error that we made was looking for individual land titles and land grants through individual family groups. It has taken us all this time to locate what the Old Ones were referring to."

"The Queen Victoria land grants, referred to by our Elders, were much more definitive and broader than we could have ever anticipated.

"In this Act the British House of Lords, with the royal assent of Queen Victoria, officially recognised the sovereignty of Aboriginal Nations and Peoples. In doing this, the British parliament included in the legislation the recognition of the authority of our chiefs (Law/Lore men and Law/Lore women) by legislating that their powers and authorities could not be diminished in any way whatsoever.

"In the final part of the 1875 Pacific Islanders Protection legislation, it was a requirement of the parliaments of each of the colonies identified that these Orders in Council were to be tabled in each House of Parliament."

The colonial governments ignored the order, Mr Anderson writes.

"Aboriginal Sovereignty is no longer a dream. Sovereignty is not only a fact but a matter of law as written in the Pacific Islanders Act of 1875."

Mr Anderson's media release in full:

Queen Elizabeth II has carriage of all responsibility for all past decisions made by all former members of the crown.

We request she now participate in the liberation of Aboriginal Nations and Peoples in Australia.

Elders of the previous Aboriginal political movement have always informed us young ones that Queen Victoria had granted ownership to land and recognised our Law/Lore men and Law/Lore women as our leaders.

This has been very difficult to unravel, because the Old Ones could not put their finger on how Queen Victoria had recognised and granted land ownership to Aboriginal people/Peoples.

The error that we made was looking for individual land titles and land grants through individual family groups. It has now taken us all this time to locate what the Old Ones were referring to.

The Queen Victoria land grants, referred to by our Elders, were much more definitive and broader than we could have ever anticipated.

On 16 March 1875 the British House of Lords confirmed and enhanced the 1872 Pacific Islanders Protection Act by creating Section 7, relating to all the Aboriginal Peoples of the Pacific, including Queensland, New South Wales, Victoria, South Australia and Western Australia. (We must remember the Northern Territory was part of South Australia at this time.)

In this Act the British House of Lords, with the Royal Assent of Queen Victoria, officially recognised the sovereignty of Aboriginal nations and Peoples. In doing this, the British parliament included in the legislation the recognition of the authority of our chiefs (Law/Lore men and Law/Lore women) by legislating that their powers and authorities could not be diminished in any way whatsoever.

In the final part of the 1875 Pacific Islanders Protection legislation, it was a requirement of the parliaments of each of the colonies identified that these Orders in Council were to be tabled in each House of Parliament.

We now know that this was never adhered to by the colonial parliaments in Australia.

We now query the integrity of the Australian High Court decision in Mabo (No.2), because the High Court failed to expand on the true recognition of Aboriginal sovereignty.

This confirms that even within the legal system our Peoples cannot expect true justice as the courts are protecting their system at all costs, in order to maintain the status quo.

We now call upon our Peoples to unite in our move for absolute liberation from the tyranny of the continuing colonial rule of the Crown.

The time has come in our history to unravel the white man's confusion, for he has never known how to deal with, or what to do with, Aboriginal Peoples since he invaded.

We can now also understand why the government has always been so enthusiastic in locating the ignorant Uncle Toms and Aunty Marys, whose only interest was self-gratification and delusions of grandeur at becoming the whiteman's pet. Their time has ended and there is no way out for the government.

Aboriginal sovereignty is no longer a dream. Sovereignty is not only a fact but a matter of law as written in the Pacific Islanders Act of 1875:

7. Saving the Rights of tribes - Nothing herein or in any such Order on Council contained shall extend or be construed to extend to invest Her majesty with any claim or title whatsoever to dominion or sovereignty over any such islands or places as aforesaid, or to derogate from the rights of the tribes or people inhabiting such islands or places, or of chiefs or rulers thereof, to such sovereignty or dominion, and at copy of every such Order in Council shall be laid before each House of Parliament within thirty days after the issue thereof, unless Parliament shall not then be in session, in which case a copy shall be laid before each House of Parliament within thirty days after the commencement of the next ensuing session

We now call upon the Queen of England, Elizabeth II, to show true leadership in her capacity as 'Queen of Australia', to bring an end to the colonial governance of Aboriginal Peoples, and to decolonise Australia.

PACIFIC ISLANDERS PROTECTION ACT, 1875.

SEE ALSO: Who deleted the phrase 'her heirs and successors'?
Michael Anderson visited the 'Office of Parliamentary Counsel' in Whitehall (December 2011) and was shocked to discover that the official record of the original 'Pacific Islanders Protection Act 1875' had been doctored. It is clear that someone did not want the real Act circulating.

Scroll through Article Below

Michael Anderson, Aboriginal activist and last surviving member of the four young Black Power men who started the Tent Embassy in Canberra in 1972.

You can contact MICHAEL ANDERSON on mobile: 0427 292 492

Comments

Wome's/men's, left/right-handed, fat/thin, old/young represetat

Hi Whistler. Still beating the same old drum ?

Cheers,

Joe

"Aboriginal Australians, by

"Aboriginal Australians, by law, have exactly the same rights, privileges, opportunities as any other Australians. They have the same access to education, if not more (Indigenous scholarships), work, sports and representation. If Aboriginal Australians feel they are being discriminated against, there are many outlets to overrule this."

Mr 'unsigned' said.

Well they may do in your eyes ... take someone from a Ghetto where they have been suppressed for generations and compare that with someone who is privileged for generations and you seem to think that's equal? ...

I suggest you research the history of any given Aboriginal community in Australia and you may see why things are as they are ...

You may think you are speaking the truth but it is with uneducated eyes I'm afraid - and the difference between your facts and opinions is very elastic. Do you base your facts on what the majority thinks?, what the law thinks? or what your eurocentric books think?

Anyway no time to chatter with whoever you are

Bruce

Reply to Skewes

In this (if I am allowed, though I doubt I will be), I will attempt to refute some of the points brought by Mr. Skewes.

1. The British are responsible for their part and the Australian Government are responsible for their part.

I, for the most part, agree with this statement. However, I do not agree that the successors of these government should be held responsible for the actions of other people over centuries ago.

2. As far as the land being used is concerned - its up to the Australian Government to make a Treaty, like nearly every other invading nation has done across the globe.

The Government represent the Australian population, so all non-Aboriginal people are complicit to past events in that they benefit from the genocide and theft.

The Australian Government has no obligation to make a treaty with Aboriginal people; the time for making treaties has long since passed. Since there was no declaration of war, nor any organised group to represent Aborigines at the time of settlement, as in New Zealand, no treaty was able to be signed. "All non-Aboriginal people are complicit to past events in that they benefit from the genocide and theft." Should this not read "all Australian people"? If Australia's wealth is considered to have come from the "genocide and theft" from the Aboriginal people, then have not Aboriginal people shared in this profit as well?

3. If you think we all have the same opportunities - all I can say is open your eyes and/or read the history of the Australian invasion and beyond. Many Aboriginal people owned land (white mans way) and worked on it successfully before racist policies disallowed Aboriginals to own land under any circumstances.

The majority of Aboriginal people didn't end up in ghetto's of their own making - they were forced onto small pockets of land that the invaders didn't value in any way - until recent years when the invaders realised that many of those pockets of land held valauble minerals. This situation is not new to Aboriginal people as they have herded (and re-herded) away from anything of value for over two hundred years. Governments are still doing it - i.e: Mine sites, NT Intervention etc etc.

The United Nations and Amnesty International etc haven't said anything about racism and lack of equal rights against white Australia!

Aboriginal Australians, by law, have exactly the same rights, privileges, opportunities as any other Australians. They have the same access to education, if not more (Indigenous scholarships), work, sports and representation. If Aboriginal Australians feel they are being discriminated against, there are many outlets to overrule this.

4. It can be worked out - IT MUST BE WORKED OUT - so that the Indigenous Australians can move forward with the rest us.

Indeed it must – though the circulation of untruths by both sides will do nothing. Perhaps unfortunately, the British and Australian parliaments are entirely separate entities. The Queen is equally Queen of the United Kingdom and Queen of Australia. There is no overlap; no appeals can be made to UK courts. Thus, UK laws made prior to the implementation of Australian independence can have no effect on present-day Australia. Non-Aboriginal Australia has already moved forward, perhaps it is time for A/TSI Australia to do the same.

Too Late for that

I guess the Australian Government would stoop so low to turn their armed forces on Aboriginal people ...

... hang on ... aren't they doing that already?

That has been happening since Captain Cook arrived. Everything has been thrown at the First Australians, from germ warfare to the atomic bomb.

Perhaps world pressure may force the government to make a treaty instead.

Queen has no power in Australia

The current Queen does not have the power to order anything in Australia, and furthermore one can only assert sovereignty if one has sufficient armed forces to enforce it, so this is all pissing into the wind a bit.

Who Fixes it ? - We all do!

1. The British are responsible for their part and the Australian Government are responsible for their part.

2. As far as the land being used is concerned - its up to the Australian Government to make a Treaty, like nearly every other invading nation has done across the globe.

The Government represent the Australian population, so all non-Aboriginal people are complicit to past events in that they benefit from the genocide and theft.

3. If you think we all have the same opportunities - all I can say is open your eyes and/or read the history of the Australian invasion and beyond. Many Aboriginal people owned land (white mans way) and worked on it successfully before racist policies disallowed Aboriginals to own land under any circumstances.

The majority of Aboriginal people didn't end up in ghetto's of their own making - they were forced onto small pockets of land that the invaders didn't value in any way - until recent years when the invaders realised that many of those pockets of land held valauble minerals. This situation is not new to Aboriginal people as they have herded (and re-herded) away from anything of value for over two hundred years. Governments are still doing it - i.e: Mine sites, NT Intervention etc etc.

The United Nations and Amnesty International etc haven't said anything about racism and lack of equal rights against white Australia!

4. It can be worked out - IT MUST BE WORKED OUT - so that the Indigenous Australians can move forward with the rest us.

Genocide to Stop
Sovereignty Recognised
Treaty Made

Bruce Skewes
Treaty Republic Sub-Editor

who fixes it?

i keep hearing that The Queen and the British need to do something but it seems to me that this document shows they did the right thing but the Australian officials didnt,when is the onus on the Australians?at some point they have to take ownership,the Royals have only been figure heads with no real power for a long time,i also wonder what this will all really mean as far as land use etc,i believe we are already equal peoples with the same opportunities,its a matter of taking these opportunities and using them,i hope we can work this out and move forward from here

hmmm

That sounds like division - divide and conquer.

women's jurisdiction

The problem with European governance isn't that Aboriginal Sovereignty isn't recognised, but that in contrast with Aboriginal Sovereignty, a women's jurisdiction alongside the men's isn't recognised. Male privilege is the source of dispossession and discrimination. European governance will need to recognise a women's jurisdiction through provision of a women's legisature before Aboriginal Sovereignty can be recognised, after which Michael Anderson's efforts will be rewarded in the men's jurisdiction of Treaty negotiations. With equal women's and men's representation, the First Peoples congress is well advanced in communicating the necessity for recognition of a women's jurisdiction.

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