Request for legal assistance for Ngarrindjeri indigenous people of 'Australia'
The Ngarrindjeri intend to undertake civil proceedings against the Crown in the High Court in London, including for such equitable relief by way of orders in the nature of a declaration of title to land, and compensation for moneys had and received on the sale of Ngarrindjeri land from one (1) shilling per acre from 1837, as is actionable.
Being a subjugated nation within the overlordship of the Crown, and kept without the full occupation and enjoyment of their vested rights, the Ngarrindjeri have no pecuniary means to maintain these proceedings without pro bono legal assistance, for which they appeal.
In the first instance, advice and opinion is sought on the prospects of success of maintaining action for equitable relief.
The merits, relevant facts and applicable law are summarised as follows:
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By the Proclamation of South Australia on 28 December 1836 within the prerogative of Governor Hindmarsh for the Crown and pursuant to Letters Patent issued on 19 February 1836, the British Crown incurred a still incumbent lawful duty to account for the incapacity of the native inhabitants of South Australia (including their Ngarrindjeri descendants today), equally to exercise and enjoy their vested equitable rights as are comprised within the dominium of the lands they and their descendants have occupied and enjoyed, and as arising in the Crown's grant to them of British subjectivity, prior to legally depriving them and their descendants of that dominium over their traditional lands, and prior to alienating their traditional lands for sale into fee simple.
Of equal import is the statutory acquisition by the Crown in 1836 of fifty-five thousand (55,000) pounds paid to the Exchequer from the South Australia Company as an initial first instalment for the Crown's authorisation for the sale of the lands of the native inhabitants to English freeholders, which capital sum and the interest thereon remains identifiable in equity as part proceeds of the inequitable sale of the lands of the native inhabitants, which the Ngarrindjeri intend to trace for compensation for such of their lands sold into fee simple, and for reparations for any of their lands now inequitably alienated to the Crown in the right of South Australia were the Crown in the right of South Australia to have subrogated for the rights of the British Crown and the equity of the Ngarrindjeri in their traditional lands otherwise extant from 28 December 1836, be now held by the Crown in the right of South Australia.
Dominium
is the highest form of English land holding recognised by a sovereign.
[/U]
It is NOT equal with dominion
DOMINION is an international Sovereign power over a territory. A sovereign may have dominion without any land holding, and therefore without having any dominium in a territory. The United States war against Iraq gave it dominion in Iraq without dominium.
Dominium is the highest legal level of a sovereign's interest in land as a landholder. Dominion is the exercise of a sovereign power over a territory not depending on a prior or concurrent sovereign dominium to validate its exercise. Dominion is the exercise of an international sovereign power over a territory without requiring any prior or concurrent legal act of LAND HOLDING in the territory.
It is simply sufficient to successfully invade or to conquer another territory to gain dominion. Dominium requires legal land holding.
The exercise of DOMINIUM under English law is the legal act of holding land at the highest level capable of being maintained by the sovereign, and occurs where there is land legally available to be held within the legal authority of the sovereign. When English law provides for the exercise of the highest land holding by the English sovereign, the Crown holds the resulting dominium.
It equals the level of land holding held by the Ngarrindjeri Tendi in the land occupied by the Ngarrindjeri and that was constituted in English law on 19 February 1836, and which was capable of being recognised as such by the British Crown on 28 December 1836.
The Ngarrindjeri have NEVER surrendered this DOMINIUM. On 19 February 1836, in an EXERCISE of the PREROGATIVE (a form of LEGAL power the CROWN exercises by EXECUTIVE act not otherwise authorised by LEGISLATION of the Parliament or the exercise of JUDICIAL power by a judge of a Court), Letters Patent were issued establishing the legal power of the Crown to hold land in South Australia, but which declared the traditional owners could legally continue to occupy and enjoy the lands they inhabited and that their descendants were equally entitled to continue to occupy and enjoy these lands their ancestors inhabited.
The 1836 Letters Patent constitute, in part, legal notice from the Crown to the native inhabitants and the world that, in the Crown attaining English sovereign dominion over the territory of all the inhabited lands of a future South Australia (including all the lands occupied by the Ngarrindjeri in their own territory), or asserting English sovereign dominion over this territory by a future act, the Crown could not be taken thereby to have obtained any land holding in the lands, because it abided the dominium of the land so occupied by traditional owners in their territory, which dominium was in the traditional owners and extended to their descendants.
This occupancy of the native inhabitants and their descendants until today, included the dominium of the Ngarrindjeri as traditional owners because in as far as the Letters Patent preserved the occupancy of inhabited lands, the lands inhabited by the Ngarrindjeri constituted the dominium of the Ngarrindjeri owners under the applicable English law constraining the exercise of the prerogative to the extent that the English common law and equity were applicable in all acts of the Crown of Great Britain over South Australia.
The sovereign of Ngarrindjeri lands on 19 February 1836 was the Ngarrindjeri through their Tendi, even if the actual sovereign was factually unknown then to the British Crown. The recognition of the legal sovereignty of the traditional owners was implied in the 1836 Letters Patent, because on their face they undertook a legal guarantee for the continued occupancy and enjoyment of their lands by the traditional owners and their descendants (including until today). This guarantee comprised the legal dominium of the traditional owners, which it expressly recognised - a dominium which English law constituted in the sovereign as its legal holder.
The recognition of a Ngarrindjeri dominion over Ngarrindjeri territory is an integral part of the implicit recognition of the dominion of the native inhabitants over their own lands, which the Letters Patent intended be dealt with without displacing its native occupants.
Accordingly, the dominium of native occupancy and enjoyment of inhabited lands recognised by the Letters Patent extended to the dominium of the Ngarrindjeri sovereign - the Ngarrindjeri Tendi, which maintains the Ngarrindjeri rights of occupancy and enjoyment.
The Ngarrindjeri land holding has remained within the dominium of the Aboriginal lands remaining with the traditional owners here.
In the absence of a further prerogative, legislative or judicial act, effective in canceling dominium, the Crown could NOT assert any dominium against the traditional owners in all that it did in South Australia, at least until 28 December 1836, when it failed to do so.
Instead, on 28 December 1836 Governor Hindmarsh, in the first exercise of the British Crown's prerogative in South Australia that established the Province of South Australia, recognised all Aboriginal people and their descendants as British subjects with all the privileges of subjects including the right to sue in equity to protect their property as the Traditional Owners, including whatever real property that had accrued to the traditional owners in the lands they inhabited,
including their dominium in the lands they occupied.
Once having attained the rights of British subjects to sue and maintain property in the lands comprised by their dominium, the Crown had an equitable obligation to protect these subjects from any injustice in the future treatment of their property by the Crown.
The Crown could not by further act deprive the traditional owners of their dominium, except by an exercise of power directed to that end which was just. The Crown granted the native inhabitants interests that extended to their descendants today and in the future.
In respect of this duty to treat the traditional owners justly over their property, the Crown remained subject to the authority of the English court of equity to displace any executive act of the Crown or exercise of the prerogative, which was unjust, or which was a denial of the incidents of dominium that was not in accordance with justice. This power of equity remains to be invoked for justice.
The British Crown was in 1836, and remains from 28 December 1836, subject to an incumbent lawful duty to have regard to the capacity of the traditional owners, as equal British subjects under the Crown, to exercise their equitable rights contained within their dominium prior to legally depriving the traditional owners and their descendants of their dominium over their traditional lands.
The Crown has neither met this obligation nor complied with this duty. The Ngarrindjeri have not been deprived of their dominium in any of these Ngarrindjeri 'dominium' lands that remain within the control of the Crown today despite the alienation of fee simple land.
In respect of all the lands in South Australia that have been alienated by the Crown and granted in fee simple to non-descendants of the traditional owners in South Australia, there is an equal equitable obligation incumbent on the British Crown to provide justice to the descendants today. The legal alienation of lands vested within the dominium of the native inhabitants in 1836 needs redress.
This obligation is within the purport of the Letters Patent of 1836, and the Proclamation of South Australia on 28 December 1836.
The duty incumbent on the British Crown to provide justice to the descendants of the traditional owners for any unjust disturbance to their dominium was established within the prerogative by, and continues to arise with, the Proclamation of South Australia by Governor Hindmarsh for the British Crown on 28 December 1836, by which the present descendants of the traditional owners have been assured of all the privileges of British subjects to sue the British Crown for injustice they may have suffered over their property.
Contact:
nlpa@bigpond.com
Being a subjugated nation within the overlordship of the Crown, and kept without the full occupation and enjoyment of their vested rights, the Ngarrindjeri have no pecuniary means to maintain these proceedings without pro bono legal assistance, for which they appeal.
In the first instance, advice and opinion is sought on the prospects of success of maintaining action for equitable relief.
The merits, relevant facts and applicable law are summarised as follows:
[/SIZE]
By the Proclamation of South Australia on 28 December 1836 within the prerogative of Governor Hindmarsh for the Crown and pursuant to Letters Patent issued on 19 February 1836, the British Crown incurred a still incumbent lawful duty to account for the incapacity of the native inhabitants of South Australia (including their Ngarrindjeri descendants today), equally to exercise and enjoy their vested equitable rights as are comprised within the dominium of the lands they and their descendants have occupied and enjoyed, and as arising in the Crown's grant to them of British subjectivity, prior to legally depriving them and their descendants of that dominium over their traditional lands, and prior to alienating their traditional lands for sale into fee simple.
Of equal import is the statutory acquisition by the Crown in 1836 of fifty-five thousand (55,000) pounds paid to the Exchequer from the South Australia Company as an initial first instalment for the Crown's authorisation for the sale of the lands of the native inhabitants to English freeholders, which capital sum and the interest thereon remains identifiable in equity as part proceeds of the inequitable sale of the lands of the native inhabitants, which the Ngarrindjeri intend to trace for compensation for such of their lands sold into fee simple, and for reparations for any of their lands now inequitably alienated to the Crown in the right of South Australia were the Crown in the right of South Australia to have subrogated for the rights of the British Crown and the equity of the Ngarrindjeri in their traditional lands otherwise extant from 28 December 1836, be now held by the Crown in the right of South Australia.
Dominium
is the highest form of English land holding recognised by a sovereign.
[/U]
It is NOT equal with dominion
DOMINION is an international Sovereign power over a territory. A sovereign may have dominion without any land holding, and therefore without having any dominium in a territory. The United States war against Iraq gave it dominion in Iraq without dominium.
Dominium is the highest legal level of a sovereign's interest in land as a landholder. Dominion is the exercise of a sovereign power over a territory not depending on a prior or concurrent sovereign dominium to validate its exercise. Dominion is the exercise of an international sovereign power over a territory without requiring any prior or concurrent legal act of LAND HOLDING in the territory.
It is simply sufficient to successfully invade or to conquer another territory to gain dominion. Dominium requires legal land holding.
The exercise of DOMINIUM under English law is the legal act of holding land at the highest level capable of being maintained by the sovereign, and occurs where there is land legally available to be held within the legal authority of the sovereign. When English law provides for the exercise of the highest land holding by the English sovereign, the Crown holds the resulting dominium.
It equals the level of land holding held by the Ngarrindjeri Tendi in the land occupied by the Ngarrindjeri and that was constituted in English law on 19 February 1836, and which was capable of being recognised as such by the British Crown on 28 December 1836.
The Ngarrindjeri have NEVER surrendered this DOMINIUM. On 19 February 1836, in an EXERCISE of the PREROGATIVE (a form of LEGAL power the CROWN exercises by EXECUTIVE act not otherwise authorised by LEGISLATION of the Parliament or the exercise of JUDICIAL power by a judge of a Court), Letters Patent were issued establishing the legal power of the Crown to hold land in South Australia, but which declared the traditional owners could legally continue to occupy and enjoy the lands they inhabited and that their descendants were equally entitled to continue to occupy and enjoy these lands their ancestors inhabited.
The 1836 Letters Patent constitute, in part, legal notice from the Crown to the native inhabitants and the world that, in the Crown attaining English sovereign dominion over the territory of all the inhabited lands of a future South Australia (including all the lands occupied by the Ngarrindjeri in their own territory), or asserting English sovereign dominion over this territory by a future act, the Crown could not be taken thereby to have obtained any land holding in the lands, because it abided the dominium of the land so occupied by traditional owners in their territory, which dominium was in the traditional owners and extended to their descendants.
This occupancy of the native inhabitants and their descendants until today, included the dominium of the Ngarrindjeri as traditional owners because in as far as the Letters Patent preserved the occupancy of inhabited lands, the lands inhabited by the Ngarrindjeri constituted the dominium of the Ngarrindjeri owners under the applicable English law constraining the exercise of the prerogative to the extent that the English common law and equity were applicable in all acts of the Crown of Great Britain over South Australia.
The sovereign of Ngarrindjeri lands on 19 February 1836 was the Ngarrindjeri through their Tendi, even if the actual sovereign was factually unknown then to the British Crown. The recognition of the legal sovereignty of the traditional owners was implied in the 1836 Letters Patent, because on their face they undertook a legal guarantee for the continued occupancy and enjoyment of their lands by the traditional owners and their descendants (including until today). This guarantee comprised the legal dominium of the traditional owners, which it expressly recognised - a dominium which English law constituted in the sovereign as its legal holder.
The recognition of a Ngarrindjeri dominion over Ngarrindjeri territory is an integral part of the implicit recognition of the dominion of the native inhabitants over their own lands, which the Letters Patent intended be dealt with without displacing its native occupants.
Accordingly, the dominium of native occupancy and enjoyment of inhabited lands recognised by the Letters Patent extended to the dominium of the Ngarrindjeri sovereign - the Ngarrindjeri Tendi, which maintains the Ngarrindjeri rights of occupancy and enjoyment.
The Ngarrindjeri land holding has remained within the dominium of the Aboriginal lands remaining with the traditional owners here.
In the absence of a further prerogative, legislative or judicial act, effective in canceling dominium, the Crown could NOT assert any dominium against the traditional owners in all that it did in South Australia, at least until 28 December 1836, when it failed to do so.
Instead, on 28 December 1836 Governor Hindmarsh, in the first exercise of the British Crown's prerogative in South Australia that established the Province of South Australia, recognised all Aboriginal people and their descendants as British subjects with all the privileges of subjects including the right to sue in equity to protect their property as the Traditional Owners, including whatever real property that had accrued to the traditional owners in the lands they inhabited,
including their dominium in the lands they occupied.
Once having attained the rights of British subjects to sue and maintain property in the lands comprised by their dominium, the Crown had an equitable obligation to protect these subjects from any injustice in the future treatment of their property by the Crown.
The Crown could not by further act deprive the traditional owners of their dominium, except by an exercise of power directed to that end which was just. The Crown granted the native inhabitants interests that extended to their descendants today and in the future.
In respect of this duty to treat the traditional owners justly over their property, the Crown remained subject to the authority of the English court of equity to displace any executive act of the Crown or exercise of the prerogative, which was unjust, or which was a denial of the incidents of dominium that was not in accordance with justice. This power of equity remains to be invoked for justice.
The British Crown was in 1836, and remains from 28 December 1836, subject to an incumbent lawful duty to have regard to the capacity of the traditional owners, as equal British subjects under the Crown, to exercise their equitable rights contained within their dominium prior to legally depriving the traditional owners and their descendants of their dominium over their traditional lands.
The Crown has neither met this obligation nor complied with this duty. The Ngarrindjeri have not been deprived of their dominium in any of these Ngarrindjeri 'dominium' lands that remain within the control of the Crown today despite the alienation of fee simple land.
In respect of all the lands in South Australia that have been alienated by the Crown and granted in fee simple to non-descendants of the traditional owners in South Australia, there is an equal equitable obligation incumbent on the British Crown to provide justice to the descendants today. The legal alienation of lands vested within the dominium of the native inhabitants in 1836 needs redress.
This obligation is within the purport of the Letters Patent of 1836, and the Proclamation of South Australia on 28 December 1836.
The duty incumbent on the British Crown to provide justice to the descendants of the traditional owners for any unjust disturbance to their dominium was established within the prerogative by, and continues to arise with, the Proclamation of South Australia by Governor Hindmarsh for the British Crown on 28 December 1836, by which the present descendants of the traditional owners have been assured of all the privileges of British subjects to sue the British Crown for injustice they may have suffered over their property.
Contact:
nlpa@bigpond.com