Monday, December 3, 2007

Cannabis Law

Ballarat & Distraict Aboriginal Co-opFax 5333 1637
To Whom It May Concern , 4th December 2007

We again write, to bring to your attention the health risk associated with using cannabis that has been grown indoors "hydroponics cultivation" chemical enhanced, adulterated cannabis, has dramatically impacted on the mental health of our people.

As you would be well aware that many of our people now use cannabis as an alternative to alcohol, citing, that it reduces violence in the home and the wider community, However the current laws in the state of Victoria and the high cost of cannabis, has placed an unnecessary burden on our people. I ask, should we not be given the same benefits as in other states?

The only way that we can remove the Health Risk facing our people and the most logical way is to change the current State Laws. to suit the needs of our present society needs and demands. Clearly prohibition of Cannabis has not worked.

In our previous (letters) Fax 26 September 2007 we enclosed a Petition to the Legislative Assembly of Victoria, this being the lawful and best way to address the issue, Unfortunately, some Aboriginal organizations, under their rules and objectives of the Co-op are not committed to protecting the Aboriginal people, No doubt an obvious oversight..

I point out the main thrust of the Petition being:-

1. That no person being a decedent of the Aboriginal race shall not be charged with any offense, if that person is found to have less then 30 grams of cannabis in his or her possession.

2. That no person being a descedant of the Aboriginal race shall not be charged with any offense, for cultivation of up to five cannabis plants per household, for personal use only.

As many Aboriginal Co-op property representing the people now flourish through-out Victoria, It would greatly assist the cause if you could find the time to pass the Petition around the community, this give them the chance and opportunity in creating a more healthier peaceful and harmonious lifestyle for the present and future generation of Aboriginal People.

All signed petition can be mailed to the address below, I thank you.

Yours sincerely Les McDonald Chief Lore OfficeAboriginal Embassy Victoria .

P.s. Over the last ten years or-so there is growing unrest within our community, It appears that the requirements laid out by laid out by Aboriginal Affairs Victoria, and the Native Land title Act, has divided our people, Now in very small groups, speaking of their country only. Which I feel is nothing but shear nonsense, and should be avoided at all cost

Tuesday, June 26, 2007

The army moves in

To day 27 June 2007 The Australian Army and the Police both federal and state move in to take control over the Aboriginal lands and the Aboriginal people, as to stop the abuse of Aboriginal Children, they may also take the Children away, To reduce alcohol consumption, and to withhold welfare payment, often regarded by the Natives as rent payment for the land used. or is it?

Monday, May 28, 2007

The Primer of Victoria 28/05/07

Reminder that we have no replyt to our letter of 20th February 2006

Preimer of Victoria
The Hon. Steve Bracks 28th May 2007
Level 1. Treasury Pl.
Melbourne 3001

Dear Premier, The Hon .Steve Bracks,

Re: Our Peoples Health and Welbeing.

Ambassador Beryl Booth has requested that I bring to your personal attention that we have not received any response to our letter 20th February (copy enclosed) It would be greatly appreciated if you address the issues at your most earliest and convenient opportunity.

I thank you


Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria

Sunday, May 27, 2007

The Hon. Gavin Jennings 28/05/07

Aboriginal Affairs Victoria
Minister the Hon. Gavin Jennings
Level 9 Spring Street
Melbourne
GPO Box 2392 Melbourne 3001 28th May 2007

Dear Minister, The Hon. Gavin Jennings

The Ambassador Beryl Booth has requested to bring to your attention, that we have not received any response our correspondence dated 19 February 2007 Copy enclosed herewith

I thank you

Yours sincerely

Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria

Sunday, May 13, 2007

Black History Victoria

1803 Lieut. Col. David Collins visits Port Philip, with a view of forming a settlement, he learns that the Dutch have vacated Van Diemans Land, set sail to take possession of such.

1805 Murrengurk, a big man, easily recognised and respected by various clan members thru-out the Port Philip District, Murrengurk, had set up camp around Port Fairy his ability to understand and communicate with visiting Whaler's needs.

Murrengurk, attended a trading place, rum, tools, clothing and the comfort of women were in demand, this continued for some years, However Murrengurk, soon started to lose control with the visiting whalers, as woman were being raped, taken, others were being killed.

1825 Van Diemans land proclaimed a separate colony from N.S.W. George Arthur Lieutenant Governor of Van Diemans landMurrengurk, over the years became deeply concerned with the situation, expressed to the tribal council, it would be far more of a benefit to the tribes, to let the Land for grazing sheep, to gentleman, of Van Diemans Land, as their laws protect women from being raped, taken away. Their laws protect your family from being shot and killed, After consideration the Elders approval, their trust had been granted.

Murrengurk, consulted, visiting whaler's, his terms agreements were laid out. Mr. J.H. Wedge, had elected to bring the terms agreement to the attention of any interested parties in Van Diemans Land.

1835 In Launceston, at the corner of Cimitiere and John Street, stood Mr. Connolly's store, a supper party had been arranged by Mr. Connolly's for a number of friends, being J.H.Wedge, W.G. Sams, John Robertson (of Hobart Town) John Sinclair (of Clairville)and John Batman who was then a settler near Avoca. Being made aware of the Terms Agreement It was agreed that Batman should cross the straits and make arrangements for settlement of the agreement A schooner was quickly charted, and John Batman as agent for the company "Port Phillip Association" to obtained from the natives a large tract of land suitable for grazing sheep.

The promoters of the undertaking were John Trice Gelibrand (former Attorney-General) Charles Swanston, M.L.C.,William Bannister (Sheriff), James Simpson (Police Magistrate), Henry Arthur (Collector of Customs), John and William Robertson (Merchants), John Hilder Wedge (surveyor) J.T. Collecat (Post Master), Anthony Cottrell (District Constable), William Gardiner Sams (under Sheriff), Micheal Connolly (Merchant), Major Mercer, John Sinclair (Superintendent of Convicts), and John Batman

Batman Sailed from Launceston on the 12th May 1835, in the Rebecca. a small vessel of fifteen tons. As arranged by Murrengurk, made his quarters at Indented Head,by using a small cannon, summoned Murrengurk.

On 3rd June 1835. John Batman, and Murrengurk, sailed up the Yarra river, on Monday 8th June declared "This will be the place for a Village"

Batman's documents refers to presents (payment) of Twenty Pairs of Blankets, Thirty Tomahawks, One Hundred Knives, Fifty Pairs Scissors, Thirty Looking-Glasses, Two Hundred Handkerchiefs, Six Shirts and One Hundred Pounds of Flour, Plus The Yearly rent of Tribute of One hundred Pairs of Blankets,One Hundred Knives, One hundred Tomahawks, Fifty Suits of Clothing, Fifty looking-glasses, Fifty Pairs of Scissors, and Five Tons Flour.

The lease contract covered the tract of land running from the branch of the river at the top of the Port , about 7 miles from the mouth of the river, forty miles North East and from thence South South West , across Mount Vilaumaurnartar to Geelong Harbour, at the head of the same, containing about Five Hundred Thousand more or less Acres.

A document was signed on the banks of a creek on 16th June 1835, by two local Native's (William Barak father suggested as being one) and 5 Sydney Aborigine's (belonging to Batman's party) for the letting of land in the Port Philip District to Batman, Overseen by Murrengurk, as certain terms and conditions had been submitted by him, Murrengurk, was to be paid by the Port Phillip Association 50 pound per year as well as rations.

25th August 1835, Governor Arthur (via John Hilder Wedge), sent a written testimonial of thanks to Murrengurk for his services rendered. The next day

26th August 1835, Batman's contract raised both the transfer to a person rather than the Crown, and it's implicit recognition of Indigenous owner and occupation of the land. His Excellency Major General Sir Richard Bourke, ruled the contract invalid.
[See Proclamation 26th August 1835, Richard Bourke, No 3--411 copy annexed herewith (marked WB1)]

This document implemented the doctrine of Terra nullius upon which British settlement base, reinforcing the notion that the land belonged to no one prior to British Crown taking possession of it. Aboriginal people thereafter could not sell or assign the land, nor could an individual person acquire it, other than through distribution by the Crown.

Although many people at that time also recognised that the Aboriginal occupants had rights in the lands (as this was confirmed in a House of Commons report on Aboriginal relations in 1837) The Lawyers followed and almost always applied the principles expressed in Bourke's proclamation. This would not change until the Australian High Court's decision in the Mabo Case in 1992" ( Vic. Gov.)

1836, A very large force of hostile native land holders had form around the settlements, which now included amongst others, John Pasco Fawkner's party, concerns were raised that they would be attacked, and would have been, if heroic Murrengurk, had not intervened.

1836 10 October, Sir Richard Bourke instructed Police Magistrate, William Lonsdale, to employ Murrengurk, as interpreter and Constable, to receive a salary of 60 pounds and rations. Murrengurk, remained under Lonsdale employment for about 15 Months before he resigned. He could not carry out orders being detrimental to his native friends.

Murrengurk, had become quite distressed in the manner the Natives were being treated, they were now being disbursed, badly treated, hunted and their sacred fires extinguished.. W hen arguing with William Lonsdale, he would use Native jargon at great length. Murrengurk, continued to protest at the treatment of the Port Phillip Blacks. maintaining the signed contract, was for seasonal grazing of sheep and other stock. His wild outrage, led to William Lonsdale ordering him to be taken to Van Diemans Land,which they did.

1837 3rd February William Lonsdale wrote to Lord Glenelg, Secretary of State for the Colonies, "The site of the present settlement which Mr. Fawkner alludes to had been previously chosen by Mr. Batman. In March, Governor Richard Bourke, visited Port Philip and named Melbourne and Williamstown.

The Port Phillip Association were paid 40 Thousand pound, for their work and effort in relinquishing any interest in the contract. A new company was formed and land near Geelong was given in payment.

Batman on 21st March, 1837 request small land grant outside town limits, in his letter to Lord Glenelg, it states, "he is a native of this Colony and has resided in Van Diemans Land Fifteen years and beg to refer Your Lordship to the late Lieut-Governor Colonel Arthur for services he rendered to that Government at different periods." .. when employed by that Government to suppress the outrages of the Aborigines upon the settles,.."

On 28th April 1837, Sir Richard Bourke advises against Batman's application for land grant, Lord Glenelg, subsequently rejected Batman's request.

1837 20 July 1837 a letter was sent by J. P. Fawkner to Lord Glenelg, claims Batman lied to Government, He states "..that he (Batman) is unworthy to receive any rewards or favor, having fabrication of a false statement attempted to deceive His Majesty's Government

On January 1840 J. H.Wedge original member of the Port Phillip Association, wrote to Lord John Russell suggesting the establishment of deports for the supply of Aborigines, with food and clothing and that Murrengurk, be used as a channel of communication to explain the scheme to them, Wedge' suggestion was rejected.

On the 27th January 1840, Murrengurk, married widower Mrs Julia Eagers, a small framed lady who's husband was killed when making his way to Sydney.

1852, The Victorian executive add 40 pound a year to Murrengurk, pension.
1853 John Pascoe Fawkner,opposing Murrengurk petition for a pension
1856 Murrengurk, died, buried in unmarked grave in Tasmania,

Lynne Haultain 21/08/06

Email
Dear Ms Lynne Haultain 21/08/06
We have received numinous Emails from members of the Hepburn community that attended the meeting on the 12th July 2006. It has been brought to our attention,

"that the Aboriginal Embassy have been disregarded in the whole process"
"No mention of the Aboriginal Embassy!" and
"did their view points not matter"

I understand that you were handed a file (21 pages) a concise summary complied by Ms Anne Kavanagh Secretary BeBuyBac which made you aware of the many years that the Aboriginal Embassy has been involved with the Hepburn Pool, which has been well supporting by the local community, (Ref. Brian Hawkes)

You will recall during that meeting the Aboriginal Embassy Ambassador Beryl Booth, clearly stated that the 1996 claim to the site was made under common law, and not under any native title claim, I now understand the Mr. Graham Atkinson Chair of the Dja Dja Wrung Title Group was not fully aware of the overall contents or your (phone) enquiry.

As to give the Hepburn community peace of mind, I now ask the reasons that your report on the Community and Stakeholders Consolation 12th July 2006 makes no mention of the Aboriginal Embassy input, and that of others members of the community that brought the indigenous issues to the forefront

Yours sincerely
Colleen Sheehy
Secretary to the AmbassadorBeryl Booth

Lynne Haultain

Lynne Haultain
CPR Level 4, 100 Collins St
Melbourne 3000.
Email

Dear Ms. Lynne Haultain,

Re: Hepburn Pool Report

I refer to your Email Tuesday 22 August 2006, it appears that you must have overlooked the question raised in our Email of Monday 21st of August 2006. Being,

"the reason that your report on the Community and Stakeholders Consolation meeting, 12th July 2006, makes no mention of the Aboriginal Embassy in put, and that of others members of the community that brought the indigenous issus to the forefront".

I trust that you will address the matter at your earliest opportunity.

Yours sincerely
Colleen Sheehy
Secretary to the AmbassadorBeryl Booth