Don McLeod–How The West Was Lost

Appendix Extract from Proclamation 

Extract from Proclaimation Read at Noonkanbah, October, 1980

Before the coming of the whiteman, there was a Law for all men and all time. This Law guaranteed the undisputed tenure of the Land from generation to generation. The collective rights, titles and interests of the people were protected by this Law. The people lived in a state of virtue and democracy under the Law, without recourse to kings, princes or police.

Let it be known that this Law of the Land continues to guide us up to the present time. Next to the food we eat, it is the thing which keeps us alive and which we cherish most.

Let it be known that, in spite of our misery, the Land and its Law provide hope for us.

The whiteman has never understood our Law nor taken it seriously.

Whereas in 1889 limited sovereign powers were transferred to the state of Western Australia, this transference of power was subject to conditions pertaining to the maintenance of our welfare.

These conditions were that a sum amounting to one per cent ofthe annual gross revenue ofthe state of Western Australia be placed in a fund beyond the reach of Parliament.

This fund was for our welfare, namely, to educate us in order to bring us quickly to equality with the European; to feed and clothe us when we might otherwise be destitute; to promote our general well-being and preservation.

This fund was to be expended by a Protector of Natives responsible to the Governor, provision for which was also made within the Constitution of 1889. Thus were legally defined the duties of the state of Western Australia towards ourselves.

Yet we, the Beneficial Owners, were given no oppor-tunity to influence the spending of this fund nor to select our own trustee, for almost immediately the state attempted to delete certain sections of the Constitution; but being in breach of its original agreement this attempt failed to gain the Queen's consent.

Thus it was that what has been called the Native Question was born, the same persisting to the present. Whereas in 1897, the parliament of Western Australia, without consulting those legal entities most directly concerned, passed an Act of Native Affairs, we claim this to be illegal.

The setting up of a department and the placing of funds meant for the purpose of promoting our welfare, in the hands of a government minister, was contrary to the terms and intent of the 1889 agreement and therefore we deem it unlawful.

From that time, we, the Beneficial Owners, have been enslaved. In 1905, the Seventieth Section was again removed from the Constitution of Western Australia; the Act of Native Affairs was passed and proclaimed: and an Enabling Bill passed in order to make legal the illegalities proceeding from 1897, at which time the funds were markedly reduced. Thus the state placed itself further in breach of its original agreement pertaining to our welfare.

The circumstances of enslavement and genocide continued. In 1942 we, the Beneficial Owners, elected Donald William McLeod to act and speak on our behalf as we, being illiterate and near destitute, were in no position to continue unassisted. In 1946, the Pilbara section of the Beneficial Owners withdrew their labour in an attempt to establish their credentials as freemen.

This action is continuing. Whereas by way of constitutional referendum in 1967 the state was stripped of its powers to make laws concerning us, yet a series of Acts passed by the state of Western Australia, since 1970, has further worsened our plight.

We believe the responsibility to make atonement for the ille-galities perpetuated by the state and to offer us due compensation, rests with the Federal Government. Yet they, likewise, appear reluctant to take the necessary action.

We, the Beneficial Owners of this Land, stand prepared to negotiate with Federal authorities at all times, duly recognising their constitutional powers and trusting that through negotiation an acceptable redefinition of our legal status will emerge.

Nevertheless with due consideration of the above history, we hereby resume our titles, rights and interests in this Land, our Estate, by raising our flag, firing a volley and reading this proclamation. In order that justice be done, we look to the Federal Government or an appropriate impartial authority, to make objective judgement in this matter. We look forward to receiving not only the residue of our estate but also adequate compensation for damages suffered through the negligence of successive governments, it being apparent that the agreement of 1889 was entered into in bad faith.