Number37
Anyhow, have a Winfield 25.
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That is misleading because it assumes that the only way that indigenous folk could be, or were, classed as fauna is via a section of law that explicitly stated so.
The indigenous people were considered fauna because they weren't considered persons.
The act which gave authority to the census explicitly stated that ALL PERSONS were to be counted.
Indigenous people weren't counted because they weren't considered to be "persons".
If they're not persons they had to be something else, that something else is linked to the some of the justifications for declaring a land terra nullius, as put forward by the architect of the law which came to be known as 'terra nullius', William Blackstone. Some of those justifications included that the people inhabiting a land were so backward so as not to be persons and should be considered to be part of the land. i.e. fauna.
There is also further evidence to support the notion that indigenous people were considered fauna in the form of court cases from the 1820's where indigenous folk were not permitted to make their case for their right to land because they had no standing to do so. They had not standing because there were not subject to British law, like everyone else. They were not considered to be subjects of the British Empire, in order to be a subject of the British Empire you had to be a person.
The Invalid & Old Age Pension Acts between 1908 and 1942 also would only pay pensions to indigenous folk if the Commissioner of the Pensions Acts was satisfied that "by reason of character, standard of intelligence & development of the Aboriginal native" they could become a beneficiary of the Act.
Natives were defined as aborigines who lived nomadically or exclusively on a reserve, they had to get a court order to say they were no longer a native.


