Chapter 1 Documents
1771- 1837
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Captain
Cook reports on Aboriginal concepts of value
"From what I have said of
the Natives of New Holland they may appear to some to be the most wretched
people upon Earth; but in reality they are far happier than we Europeans,
being wholly unacquainted not only with the Superfluous but with the necessary
Conveniences so much sought after in Europe; they are happy in not knowing
the use of them. They live in a Tranquility which
is not disturbed by the Inequality of Condition. The Earth and Sea of their
own accord furnishes them with all things necessary for Life. They covet not
Magnificent Houses, Household-stuff etc., they live in a Warm and fine Climate
and enjoy a very wholesome Air, so that they have very little need of Cloathing; and this they seem to be fully sencible of, for many of whom we gave Cloth etc., left it
carelessly upon the Sea beach and in the Woods, as a thing they had no manner
of use for; in short, they seem’d to set no Value upon anything we gave them, nor would they ever part with anything
of their own for any one Article we could offer them. This in my opinion argues
that they think themselves provided with all the necessaries of Life, and
that they have no Superfluities …. "
(: Captain Cook’s Journal during his Voyage … in M.M. Bark Endeavour 1768-71 London, 1839, p. 323)
No Idea of Traffick
"These
people seemed to have no Idea of traffick nor could
we teach them; indeed it seemed that we had no one thing on which they set
an equal value to induce them to part with the smallest trifle ... They readily
received the things we gave them but never would understand our signs when
we asked for return."
(Joseph Banks, Journal, vol. 1, p.224).
Terra Nullius
"When the journals of Cook and Banks were published, in mangled form, in 1773, the reflective observations of both men on the Aborigines were omitted ... Banks' ... memory of the Aborigines seems to blur with the years; the detail fades and the prejudices already evident in 1770 strengthen. In 1779 he described them to a Committee of the House of Commons as 'naked, treacherous, and armed with Lances, but extremely cowardly'. Although his evidence before the Bauchamp Committee in 1785 was more circumstantial, its main intent was to show that the aborigines were a nomadic people, with no trace of political authority, social organisation or religious belief, and that the east coast of New Holland was, accordingly, terra nullius, open to European settlement and dominion. The First Fleet, with all that followed, was now not far distant."
(: Williams, Glyndwr; Far more happier than we Europeans': reactions to the Australian Aborigines on Cook's voyage' in Historical Studies, Department of History, University of Melbourne, Vol. 19, 1980-1981) Pages 510-512)
1787
Governors ordered to "conciliate native affections"
"Australian law and policy respecting the Aboriginal population originated with
the instructions to the first Governor of New South Wales: 'You are to endeavour
by every possible means to open an intercourse with the natives, and to conciliate
their affections, enjoining all our subjects to live in amity and kindness
with them.'"
(: 'Governor Phillip's instructions, April 25, 1787, Historical Records of Australia, Series I, Vol 1,9;.in Legislative Regulation in New South Wales Original Authors: R Bartlett and Garth Nettheim Updating Author: Mark Harris (LBC 1997) Page 141)
Military Governors 1788-1837
Captain
Phillip, A, R.N. Governor.
Captain
Grose, S Lieut. Governor
Captain
Paterson, NSW Corps Lieut.-Governor
Captain
Hunter, (RN) Governor
Captain King (RN) 26/9/1800-12/8/1806
Captain
W Bligh, (RN) Governor
NSW
Corps Acting Administrator
Major-General
L Macquarie, Governor
Sir
T Brisbane, KCB Governor
Colonel Stewart (3rd Regiment) Acting Governor 6/12/1825-18/12/25
Lieutenant-General R
Darling Governor
Colonel Lindsay, CB Acting Governor 22/10/1831-2/12/1831
Major-General Sir Richard Bourke, KCB Governor, 3/12/1831-5/12/1837
Lieutenant-Col.
K Snodgrass Acting Governor,
12/7/1837-23/2/1838
1788
"An
apparently perennial stream
of
the purest water"
"The Governor's choice of the site of the present metropolis of Australasia was determined by the fact that an apparently perennial stream of the purest water was found ..."
[: Coghlan, T.A., A.M., Inst. C.E., Government Statistician; The
Wealth and Progress of
New South Wales 1887-88,
(Sydney: Charles Potter,
Government Printer, Phillip-Street. George Robinson and Co., 361
George-Street. 1888) Page 8.
1789
Original extent
of
New South Wales
2nd April, 1787
"The Commission appointed Phillip Captain-General and Governor-In-Chief in and over our territory called New South Wales, extending from the Northern Cape or extremity of the coast called Cape York, in the latitude of ten degrees thirty-seven minutes south, to the southern extremity of the said territory of New South Wales or South Cape, in the latitude of forty-three degrees thirty-nine minutes south, and of all the country westward as far as the one hundred and and thirty-sixth degree of east longitude reckoning from the meridien of Greenwich, including all the islands adjacent in the Pacific Ocean within the latitudes aforesaid of ten degrees thirty-seven minutes south and forty-three degrees thirty-nine minutes south'."
[
: Commonwealth Bureau of Census and Statistics
Year
Book of the Commonwealth
of Australia (No. 47, 1961, Page 3)]
1792
The military
administer the Colony
" ... 1792 ... Major Grose and Captain Paterson, Offices in charge of the military, administered the Government till the arrival of Governor Phillip's successor.
[: Coghlan, T.A., A.M., Inst. C.E., Government Statistician; The Wealth and Progress of New South Wales 1887-88 (Sydney: Charles Potter, Government Printer, Phillip-Street. George Robinson and Co., 361 George-Street. 1888) Page 11]
1795
In 1795, Captain Hunter ... arrived as the second Governor ..."
[: Coghlan, T.A., A.M., Inst. C.E., Government Statistician; The Wealth and Progress of New South Wales 1887-88 (Sydney: Charles Potter, Government Printer, Phillip-Street. George Robinson and Co., 361 George-Street. 1888) Page 11]
Sixty men of the New South Wales Corps are sent from Sydney to the Hawkesbury settlements to combat the Daruk Aborigines.
[: Barani website]
1800
"... the New South Wales Corps, a military body enlisted for service in the Colony, (the first detachments of which had arrived in 1790), formed an efficient garrison ...The next Governor was Phillip Gidley King ... (Governor, 26/9/1800-12/8/1806). The New South Wales Corps ... their sole work would consist in acting as a prison guard, or, at most, in making a few raids, in alleged reprisals for the misdeeds of the ill used, and often sorely provoked, aborigines.
[:
Coghlan, T.A.,
A.M., Inst. C.E., Government Statistician; The
Wealth and Progress of New South Wales 1887-88 (Sydney:
Charles Potter, Government Printer, Phillip-Street. George Robinson and Co.,
361 George-Street. 1888) Page 12]
1801
The first issue of copper coins marks the official, Government imposition of a regulated monetary system extinguishing Aboriginal systems of exchange and value.
Also to come in a future update: the Historical Records of Australia documents referring to Aborigines, for this period.
"NATIVES."
16 October, 1803, Sydney Gazette
"On Sunday last a number of Natives assembled on a ground at the upper end of Pitt's Row, with a design of inflicting punishment on two men who were directly or indirectly concerned in the assassination of two others who died of their spear wounds.
About an hour before sunset the parties made their appearance, and were received by their sriends and partizans, who presented each with a target or Reoleman, as a defence against the missile assaults of their adversaries, who instantly arose and and approached the intended victims of an ungovernable antipathy and rage. One of them, known to us by the name of Musquetto, was the first assaulted, and he with surprising dexterity defended himself against 64 spears, all thrown with rancour and malignity, and 17 of which went through the target, some to a depth of nearly two feet. The 65th and last thrown at him entered the calf of his right leg, and penetrated six inches through - the spear measured more that eight. This was cut short before it could be extracted. At the other only nine were launched, all of which he avoided.
A contest afterward took place between two opposite parties for the wife of one of the deceased. The exercise of merciless barbarity on this and similar occasions strongly characterises this wretched race of men, who, but for their barbarous and irreconcileable usages in cases of homicide, would wholly extirpate their already thin and scattered handfuls.
Aster receiving many severe blows from either party, and having their arms almost dragged from their sockets, the unfortunate PAIR was borne in triumph from the field by an Hibernian Taylor, who probably could sympathise in the sufferings of an unhappy fellow-creature, notwithstanding all the difference in complexion."
"The death of Boneh"
December 18,1803, (Sydney Gazette)
"A visitor from Hawkesbury mentions the death of Boneh, an ancient Native, who we believe was but little known in Sydney. This veteran had for many years back profited with supreme authority over his tribe, from whom he received a species of homage which approached to adoration. In fact, the straggling subjects of this sooty chieftain, have been frequently heard by the settlers resident nearest the foot of those inaccessible Mountains, to ascribe to him the power of agitating the elements, and of causing floods, rains, &c., &c., a finesse probably constructed purposely to impress us with awe and reverence for a being possessed of such extensive qualifications. That the mythology may in some degree owe its existence to similar causes, we shall not argue, but had this inky venerable been known to those imaginary exhibitions, little doubt can be entertained but his complexion would at least have recommended him to a seat in the infernal regions, where, in the course of time, he might have become a com-peer with the augustiniate."
Injured Native burned alive at Milkmaid Reach
December 25, 1803 (Sydney Gazette)
"A circumstance that lately took place at Milkmaid Reach, on the Coast between Sydney and Hawkesbury, among a body of Natives, stands, in point of deliberate inhumanity towards a fellow creature, unparalleled, save only in the barbarous usages to which their people are habituated. One of their number had climbed a lofty tree in pursuit of a Cockatoo; and as soon as he gained the summit and had secured the bird, unfortunately got entangled in the twigs, and in trying to disentangle himself, lost his hold, & by a tremendous fall had both a leg and a thigh broke. The woman at the instant sent up a piercing shriek, and the men assembled around him. The elders examined the fractures minutely, and pronouncing them incurable, hastily commanded the females to retire; then erecting a pile of brushwood, actually set it on fire, whilst the unhappy creature was alive. As soon as this inhuman yet effectual remedy was administered, the Boatmen who were spectators of the proceeding, were advised by one of the more friendly natives to get off as quickly as possible, as the fatal event had aroused the indignation of the whole tribe against all white people, to whom the present misfortune was ascribed, as the Cockatoo would not have been climbed for, had not a reward been the known consequence of its capture."
1804
"Neglect to profit by the abundance of mackaral"
Sunday, April 8, 1804 (Sydney Gazette)
"The present being the season for Mackaral the prodigious quantities now about the Coast are declared by habitual observers to exceed all former years. No stronger proof can be required of the improvidence and total thoughtlessness or indolence of the Natives on the Coast, than in their idly suffering to pass unprofitably by, a season, which with a little care, might defend them for a considerable part of the year against the wants and exigency to which their indolence naturally exposes them; by drying these fish, which they dexterously take in any numbers, magazines might be erected in places of concealment, to which, from the secrecy, the conservators themselves might alone have access; but this would be attended with a portion of trouble to which this race are totally averse, that every exertion must be the concomitant attendant of fatal and extreme necessity."
"Outrage at Portland Head"
June 3, 1804 (Sydney Gazette)
"We are concerned to state that a few of the natives have again manifested an inclination to hostility, and already proceeded to acts of abominable outrage. Report at the present juncture confines their ravages and barbarity to Portland Head, where Mr. Matthew Everingham, settler, his wise, and a servant, are said to have been speared, as is also Mr. John Howe, settler, near the above spot. The house and out-houses of the former were plundered and afterwards set on sire, but the spear wounds received are not accompanied with any mortal appearance. Several other settlers in the neighbourhood have suffered very considerably in being robbed of their cloathing stock, and grain.
On Thursday evening, shortly after the accounts arrived, HIS EXCELLENCY dispatched a file of Troopers to the Magistrate at Hawkesbury, with the instructions promptly to adopt such measures as the exigency of the case required. The settlers and constables of that settlement went to the succour of the other settlers at Portland Head; as no provocation appears to have been given the Natives in that quarter, and as the Natives in the other districts are still on the domesticated footing they have been for the last two years, it is hoped that the exertions that are making to keep them in that state, will have the desired effect, without proceeding to further extremities."
"Escaped prisoners, speared by natives near Newcastle"
June 10, 1804 (Sydney Gazette)
"... about 30 miles beyond Hunter's River; where, after a series of unspeakable hardships they were assaulted by a body of natives, who showered spears upon them with a barbarity only to be conceived of by those who have witnessed the brutal ferocity of these unfeeling savages.
Johnson, he believed, was the first who sell a victim to their fury; but very soon sinking beneath the wounds he had himself received, only recollected that when Providence had restored him to life both his companions lay breathless by his side. The boat was staved, and death in a new shape again presented itself:- Famine and extreme anguish were now to complete a destiny which the cruelty of the savages had only half accomplished. Unconscious to the situation of the place, he lest the massacred associates of his imprudence, and wandered hopeless along the extensive sand-beach that separates Port Stephen from the entrance of Hunter's River, &c., &c. ..."
"Extract of a Letter from Lieut. MENZIES Commandant of the Settlement at Newcastle"
to HIS EXCELLENCY, dated
JUNE 15, 1804.
0n the 29th ult, James Field, one of three persons who ran off with Serjt. Day's boat from, Sydney, gave himself up, he was quite naked, speared and beat in several places by the Natives, and has not eat any thing for five days - I took him just as he came in, and showed him to all the prisoners: I could wish to be allowed to remain him here, as I think from the account he gives of his misfortunes, and the truly miserable and wretched spectacle he exhibited, it will prevent others from attempting the same with any of our boats that go up the River, by his representing to them the punishment and misery that awaits their rashness and offence..."
Outrage at Portland Head
June 17, 1804 (Sydney Gazette)
"NATIVES."
Last week in consequence of HIS EXCELLENCY'S despatches to T. ARNDEL, Esq. Magistrate for Hawkesbury, a body of Settlers, fourteen in number, went in pursuit of the Native that had committed numerous outrages at Portland Head; and separating into two divisions, one party, seven in number, led forward by I. Phillips, who was best acquainted with the travel through the brush, proceeded towards the Mountains, and at length came up with forty or fifty of the hostile savages, who had a quantity of property of which they had stripped the Settlers; these retreating towards a cluster of Rocks formed a junction with another group much more formidable, compleating in all about 300. The few settlers, agreeable to their instructions, endeavoured to ascertain their motives for the acts of depredation and cruelty they had committed, all they offered in their justification was an ironical declaration that they wanted and would have corn, wearing apparel, and whatever else the settlers had; then throwing down a flight of spears, compelled the pursuers, in their own defence, to commence siring, in hopes of intimidating their assailants, but without the desired effect; and tho' several must have been wounded, yet the great body hovered round the Settlers party, three of whom were laden with the most valuable part of the spoil which they had retaken from the sorty at first fallen in with, and under cover of the fire of the other four, got into Richmond Hill without receiving a spear wound.
Late accounts state that they still continue their ravages, and that another European had been speared at the beginning of the week. Two of the most violent and ferocious were shot at the Green Hills by the Military detachment sent to the relief of the settlers, whose self preservation requires that they should ever be on the alert to counteract the mischievous designs of the savage and unfeeling enemy."
"Further outrages by Aborigines"
June 24, 1804 (Sydney Gazette)
To our further accounts respecting the hostile hordes whose conduct has lately been the subject of attention, we have to add, that among the reaches about Portland Head their ravages have been felt with much greater severity than elsewhere. The farms of Bingham and Smith were robbed the same day, and their bedding and wearing apparel taken out of their houses; in that the latter John Wilkins, a labouring servant, was wantonly treated with detestable barbarity; aster patently submitting to be stripped, and without even challenging the injustice of the proceeding, a slight of spears were darted at him, most of which the unfortunate man received; and had he not precipitately made towards and plunged into the river, must doubtless have perished beneath their brutal hands: the owner of the farm, however, appeared at the critical juncture, armed with a musquet, which levelling at the savages induced them to desist from the further persecution of the wounded man, and to consult their own safety by a timely flight.
Last Friday se'nnight the farms of Crumby and Cuddie at the south Creek were totally stripped by a formidable body of natives supposed to be about 150 in number, many of whom darted their spears at a labouring servant, who fortunately affected an escape without receiving any wound. - The above persons have been thrice plundered in the space of a very sew months, and have now lost not only their crops, but their whole flock of poultry, together with their bedding, wearing apparel, and every other moveable. On Thursday last they represented to HIS EXCELLENCY the excessive inconvenience as they stood in immediate need of..
Another group made a visit to Tench's River on the maraud, where getting among the corn of J. Kennedy without endeavouring to conceal themselves they were speedily discerned gathering in the crop with unusual activity: the settler disapproving their diligence, as it promised but little advantage to the interests of his own family, instantly embraced the means of repelling a visit that had no real claim on the laws of hospitality, and by a few discharges obliged them to retreat with a trifling booty:- We do not hear of any other attempts thereabouts; nor that any Europeans have lost their lives through their spear wounds.
Although these unenvied people must already feel the miserable effects of unprovoked hostility and aggression, yet no doubt can be entertained that their rancour will continue until some of the more obdurate and enterprising be marked out, as the immediate cause and spur to the recent atrocities; and as they are no less remarkable for perfidy to each other than ingratitude to the settlers, who by constantly contributing to their support, and endeavouring to maintain a friendly intercourse have done the highest credit to themselves and the British Nation, they would no doubt, as in the case of Pemulwoy, whose assassination was voluntarily undertaken by themselves, again willingly qualify a treaty by the sacrifice of such whose superior malignancy may have distinguished them.
It may be verily advanced, that no set of people in the known world were ever so totally destitute as these are of industry and ingenuity, or to whose innate indolence rendered them so wretchedly inattentive to the very means of subsistence. However gratified they may be with a shelter from the inclemency of the seasons, yet none aspires to the superior comforts of civilization, none attempts to erect a hut for himself or his little naked progeny; and though pierced with cold yet none contrives a garment, which the skins of animals would furnish them with little trouble - and yet it is obvious their nudity proceeds only from supineness as they invariably condescend to clothe themselves when furnished with European habiliments.
As sportive nature would seem to have designed the southern hemisphere for the display of phenomena in the animal creation, so also does the polity of these barbarous inhabitants oppose itself to every principle of rational government, and to the propagation of the human species.
That the natural strength of a country must consist first in its population is a maxim that needs no embellishment, as it admits not opposition; but here it is discernible, that unless the propagation of the species be limited by destructive and abominable customs, their natural indolence must in process of time have reduced them to the horrible necessity of existing as cannibals, as nature is wholly unassisted, and the increase of herb and animal alike neglected.
Thus then, even though the supply of their immediate wants by chance research constitutes their only civil occupation, still it is mysterious how the hordes of the interior, who have not the advantage of fishing can possibly supply their wants throughout the year without indulging in all the terrible excesses of refined barbarity."
"Peaceful attitude of Richmond Hill natives, during outrages at Portland Head"
July 1, 1804
We understand from good authority that the Natives of and about Richmond Hill, are for the most part averse to the hostile measures adopted by their brethren down the River, and that during the whole of the wanton warfare, they met with every protection their pacific inclination entitled them to from the surrounding settlers, from one of whom we receive the following narrative of transactions immediately subsequent to the commencement of the excesses committed at and about Portland Head.
'On the 11th instant a party appeared near my farm. who seemed desirous of maintaining that friendly intercourse which is indispensible to their true interests; and their chief, placing himself in a warlike attitude, with his spear shipped, declared he was determined to kill every one of his own complexion whom chance should throw in his way; but I thought myself bound in humanity to avert so terrible a resolution, is possible, by dissuasion, and at the same time to encourage the amicable disposition of himself and his adherents, who were from thirty to forty in number, by repeated assurances that no one would be hurt that did not act offensively - they then became confident, and accepted an offer to remain on my farm, as in that case I could be responsible for their peaceable behaviour from that period to the 18th ult. accounts continued to arrive of the many enormities, that have been committed about Portland head, whither a party of the New South Wales Corps has been detached to the relief of the settlers: but upon this latter information some of my guests became timid, and could no longer be prevailed upon to remain: 12 or 14 accordingly took to the woods, aster many times thanking me, and promising still to retain their friendship towards us, and I verily believe they have not forfeited their promise. On the following day I heard the discharge of three musquets, and afterwards heard that two of the hostile natives had been shot; one of whom, better known by the name of Major White than any other, had ever been remarkable fomenting mischiefs. Since then their rancour has greatly subsided, or at all events its consequences much less injurious than before, and many have signified a desire of returning to their accustomed habits, without which the wants peculiar to the savage state must be felt with increased severity, as well from the succour afforded them by the settlers, as from the relaxation produced by a long state of dependence upon the bounty of their benefactors.
'Two of the Richmond Hill chiefs, Yaragowhy and Yaramandy, were sent for the day after the firing, by the REV. MR. MARSDEN and MR. ARNDELL, residentiary Magistrate, who requested that they would exert themselves in putting a period to the mischiefs, at the same time loading them with gifts of food and raiment for themselves and their friendly countrymen; and I have no doubt that the mild and placid measures which have been pursued by Government on this, as on every former such irksome occasion, will have the desired effect of recalling these unfortunate creatures to a state of amity, and restore safety and tranquillity to the remote settler.'"
"Crime of Major White and Nabbin"
July 15, 1805 (Sydney Gazette)
"It is remarkable
that Major White and Nabbin, the two Natives lately killed at Richmond Hill, were the two identical persons who between sour and sive years since inhumanly and treacherously murdered Hoskinson. and Wimbo, the game-keeper and settler, on the second ridge of the Mountains, whither they had unfortunately straggled in search of the Kangaroo. They always discovered a rancour to an European, and never lost an occasion to repay their favours with hostility and ingratitude."
"Depredations at George's River"
August 19, 1804 (Sydney Gazette)
"In the vicinity of George's River several depredations have recently been committed by the Natives on the settlers stock, grain, and other property:- At the beginning of the last week the farm-house of Gilbert
was attacked and his wife treated with barbarity, unpardonable in the most savage race of men. The poor woman perceiving that they were driving her little flock of poultry off the ground, reproached them with their injustice, and fain would have rescued a portion of her property, but the unfeeling wretches turned their spears upon her, nearly twenty of which they threw, but happily without the intended barbarous effect. One of the miscreants ran into the house and seized a musquet, which she also grasped, and determined not to part with it maintained a short struggle against the assailant's whole exertions, who at length yielded to her resolution, and quitted his. hold, but with a violent blow on the head brought her to the ground. The wretches then took away every thing that was portable and made off. Several other settlers have lost swine as well as poultry, for which they can only account in the same manner, and such is the treachery of those indolent and vicious hordes that infest the above neighbourhood, as to render useless and abortive every effort to maintain their friendship By long intercourse many of them have acquired so much of our language as to understand and be understood, but only apply the talent to mischief and deception. Some short time since a settler's wife with a large family, entertained half-a-dozen of these idlers with an almost reprehensible hospitality, and they in return, amused her with assurances of their best wishes and gratitude to her bounty, but in the very interim, a body of their colleagues were busily employed in clearing a whole acre of corn, which they carried off either in canoes or on their shoulders. Major JOHNSTON was on Monday informed that they had given earnest of a new campaign bin the above vicinity, and representing the circumstances to Head Quarters, HIS EXCELLENCY ordered a file of men to be despatched from the Corps, and as no fresh accounts of depredations have been since received, it is to be hoped the fury of these savages, for which they appear likely ever to remain, may somewhat have abated."Attack on Wilshire's Farm at Lane Cove
September 2, 1804 (Sydney Gazette)
"NATIVES
The natives have during the last week been very troublesome about: Lane Cove:- on Tuesday and Wednesday a party visited the farm of Mr.Wilshire, where they bound the labouring servants, and seemed disposed to remain until expelled by famine. The poor men's store allowance they unbound one, and obliged him to cook; potatoes, vegetables, and such articles of poultry as had accidentally fallen in their way assisted in the fete, and the first day they devoted to mirth and jocularity. Accounts, however reached the town the next morning, and, Mr. Wilshire immediately prepared to render assistance to his servants. Accompanied by several persons armed with firelocks, he arrived at the farm in the afternoon, and was welcomed with shouts of defiance from the barbarous ranks, who formed into subdivisions, and anticipate triumph with a brandished spear. A blank discharge proved of no other efficacy than to provoke them to irony, so that any attempt to repel them by intimidation only, promised to encourage their excesses. A discharge of shot convinced them of the danger of maintaining their position, and they fled precipitately to an eminence, where they were joined by a prodigious number, unperceived before, having taken with them all the servants' necessaries and bedding. The men supposed, that at various intervals during the period of their captivity, the number of natives must have exceeded 200. Shortly after their expulsion from the farm they dispersed, and may not, it is to be hoped, return."
"Aborigines chase sheep"
December 16, 1804 (Sydney Gazette)
"Last week a flock of sheep were chased by the natives from Farm Cove to the Brickfield hill; where the owner accidentally witnessed the hunt, and obliged the pursuers to retire. Their design was manifestly that of selecting one for their own use, and availing themselves of the shepherd's absence, attempted to effect it."
"Punishment of a wife deserter"
December 16, 1804 (Sydney Gazette)
"Yesterday evening a Gala was given by the Natives at Parramatta, at which the well-known Yaranibi received a very severe spear wound in the back. The motives that gave rise to the meeting rendered the scene particularly interesting to honour and humanity; while it reflected credit to the feelings of a barbarous people. The above had inhumanly forsaken his unfortunate female companion in the hour of her sickness and affliction, to perish unassisted. Discovered in a solitary condition, her eye-lids nearly closed by grief and famine. tumultuous vengeance was proclaimed, and the earliest occasion seized to inflict upon the offender the punishment so justly his."
"Serious affray at Sydney"
December 23, 1804 (Sydney Gazette)
"The beginning of the week presented a native warfare the most malignant that has been witnessed. On Sunday morning last a number of people assembled at Farm Cove for the purpose of inflicting punishment on the heroic Wilhamannan; who, after avoiding an immense number of spears, received one at length in the hand, through his shield, the wound brought on a stubborn conflict which for nearly an hour was general; during which time the white spectators were justly astonished at the dexterity and incredible force with which a bent, edged waddy resembling slightly a turkish scymetar, was thrown by Bungary a native distinguished by his remarkable courtesy. The weapon, thrown at 20 or 30 yards distance, twisted round in the air with astonishing velocity, and alighting on the right arm of one of his opponents, actually rebounded to a distance not less than 70 or 80 yards, leaving a horrible contusion behind, and exciting universal admiration.
A suspension of hostilities took place as abruptly and unaccountably to those who were not in the secret, as the affray had commenced ; and the wounded, after parting a few unintelligible invectives, sat down perfectly satisfied with the event.
Nothing more passed of a hostile nature during the day ; but as perfidy is inherent to some, whatever be the complexion or condition in life, whether of polished manner and fascinating address, or moving in the humble sphere of nature's naked sons, the tranquillity of the unhappy creatures was at midnight interrupted by a villain of the darkest hue, who treacherously discharged a spear among a dormant and promiscuous group, which was received by Musquito in the arm. A general alarm was the immediate consequence: and between the hours of twelve and one the most frightful shrieks and lamentations resounded upon all sides. By the spear the premeditated assassin was immediately known and pursued; parties took different routes towards the Brickfeilds, where falling in with the fugitive they compelled him by the light of the moon to defend himself for a time, but was at length severely wounded in his turn.
The affray at Parramatta yesterday se'nnight, in which Yaranibi (commonly called. Palmer) was said to be wounded, was misrepresented ;—there were two wounded very severely, but he was not one of the number.
March 17, 1805, Sydney Gazette
"On the road between Parramatta and Prospect a meeting took place on Monday last for the purpose of inflicting punishment on a native well known to the above settlements by the name of Goguey, whose mischance it has been to hasten one of his opponent's departure for the shades on a similar occasion. His crime was defensible upon custom immemorial; but so likewise was his extraordinary mode of arraignment an event consequent upon the former. Perceiving an unusual degree of rancour in the menaces of his judges, he endeavoured for a short time to avoid them by retiring; but being closely pursued he formed his resolution, and made a stand, with two adherents near him. The spears of his adversaries were barbed and rough-glazed, and three at once advancing on him until within ten or twelve feet, he caught the first thrown at his target, but the second, discharged by Bennelong, entered above the hip, and passed through the side, so as to be afterwards extracted; but the third thrown by Ninbery as he wheeled to defend himself from the former, entered the back below the loins; when perceiving that his seconds had left him, in a transport of rage and anguish turned his resentment upon those from whom he expected assistance but had deceived him, and then exhausted, fell. The last spear he received was attempted to be drawn by two Europeans indued from motives of humanity to tender their assistance; but their combined strength was ineffectual, and the unfortunate creature was on Thursday night still numbered with the living, but the spear continuing immoveable."
A CAUTION
March 31, 1805
"ALL persons are hereby strictly cautioned against cutting timber, turning stock, or in any other manner trespassing on a certain farm at the Hawkesbury belonging to D. Dunstan, and called or known by the name of David Dunstan's Back Farm ; and also from shooting at or about the lagoon thereon, as every and any person detected to so trespassing will be prosecuted at the law directs.
Hawkesbury, Feb. 21st
1806
King was succeeded ...in 1806 by William Bligh, a post-captain in the navy ..."
[Coghlan,
T.A.,
A.M., Inst. C.E., Government Statistician; The
Wealth and Progress of New South Wales 1887-88 (Sydney:
Charles Potter, Government Printer, Phillip-Street. George Robinson and Co.,
361 George-Street. 1888) Page 12]
1808
in 1808 ... Major Johnston continued to administer the Government until his Lieutenant-Colonel (Foveaux) superseded him ..."
[Coghlan,
T.A.,
A.M., Inst. C.E., Government Statistician; The
Wealth and Progress of New South Wales 1887-88 (Sydney:
Charles Potter, Government Printer, Phillip-Street. George Robinson and Co.,
361 George-Street. 1888) Page 12]
1822
"Free
settlement"
Governor Brisbane began preparations early in 1822
for the free settlement on the Hunter River districts [5]
1823
Free selection, squatting. Act, 1st
Constitution Legislative Bill
Charter of Justice 13 October 1823 (UK)
This document marked a departure from the ad hoc and pragmatic innovations that had characterised the application of law in early colonial New South Wales. The Charter of Justice (which took effect in New South Wales on 17 May 1824) provided for creation of a Supreme Court of New South Wales, with a single Chief Justice (and if necessary for extra Judges), for the appointment of Court officers, and the admission of solicitors and barristers. It also made limited provision for trial by jury.
With the establishment of the
first (unelected) Legislative Council in New South Wales, came the creation of
the Supreme Court and the limited provisions for trial by jury. This was
extended by a proclamation of Governor Thomas Brisbane to the lower courts
(although not yet to the Supreme Court itself).
The 1823 Charter empowered the Court to admit barristers and attorneys to
practice, but unlike earlier Charters, it ruled out the admission of
ex-convicts. The judges themselves ruled out ex-convicts sitting on juries,
although in practice this was not always adhered to.
[Source:
Neal, David, The Rule of Law in a Penal Colony, Cambridge University
Press, Melbourne, 1991]
1824
The
New South Wales Act and the Legislative Council
"Law
courts were established when the colony was sounded, but for the first 35
years, the Governors were absolute rulers. The British Parliament could control
their authority, but England was 20,000 kilometres and eight months away by sea:
by the time a complaint was heard and decided, nearly two years might have gone
by. A growing number of colonists were not happy with total control in the hands
of
one person and urged the British Parliament to allow the colony to establish
a legislature. In 1823, the British Parliament passed an Act, usually called the
'New South
[ The History of Government in New South Wales (Article reproduced from New South Wales Year Book, 1998, ABS Cat No. 1301.1]
"The
privilege
of
being tried by his peers was extended to every man"
Legal reforms designed to protect the rights of British subjects in New South Wales did not extend their benefits to Aborigines as British subjects.
"1824 ... Trial by jury was introduced about the same period, by which the privilege of being tried by his peers was extended to every man ..."
[Coghlan,
T.A.,
A.M., Inst. C.E., Government Statistician; The
Wealth and Progress of New South Wales 1887-88 (Sydney:
Charles Potter, Government Printer, Phillip-Street. George Robinson and Co.,
361 George-Street. 1888) Page 19]
Trial
by jury
"1824 – NSW constituted a crown Colony. Executive Council formed. Establishment of Supreme court at Sydney, and introduction of trial by jury; Land Regulations; Chamber of Justice. First Australian Enactment (Currency Bill) passed by the Legislative Council."
[Commonwealth Bureau of Census and Statistics Year
Book of the Commonwealth of Australia (No. 47, 1961, Page 1191)
1825
"The
formation
of
a force
of
mounted police"
" .. it was the spread of crime by runaway convicts and an increase in trouble between the settlers of the interior and the Aborigines that prompted the formation of a force of mounted police ... Because of the absence of a suitable class of men in the colony ... the men needed were taken from the only that could supply men of the required calibre: the infantry regiment of the British army currently serving in the colony ..and the infantry provided almost all the force throughout its existence."
[[
O'Sullivan John, Mounted Police in
N.S.W., A History of heroism and duty since 1821 (Rigby 1979) (Page 2]
Extension
of
New South Wales Westward, 1825
" ... the coast between the western coast of Bathurst island and the eastern side of Coburg Peninsula. Captain James Bremer of HMS Tamar, ... took possession ...of the coast from the 135th to the 129th degree of east longitude ... the whole territory ... was described in Phillip's commission as being within the boundaries of New South Wales, thus increasing its area by 518,134 square miles, and making it ... excluding Tasmania (and) ... excluding New Zealand, 1,972,446 square miles."
[
Commonwealth Bureau of Census and Statistics Year Book of the Commonwealth of Australia (No. 47, 1961, Page 3)
"Governors
were financially independent because they controlled the money raised
from
the
sale
of
Crown land."
"The next Governor was Sir Ralph Darling ... Arriving in Sydney in 1825 ... The work of exploration made some progress ... Sir Richard Bourke (successor) ... Immigrants began to arrive in larger numbers ... In 1829, Legislative Council numbers were again increased to 15. By now, the power of the Council was rivalling the power of the governors. In 1829 there were 36,598 people in NSW, over half of whom were convicts still serving their sentences."
[Coghlan, T.A., A.M., Inst. C.E., Government Statistician; The Wealth and Progress of New South Wales 1887-88 (Sydney: Charles Potter, Government Printer, Phillip-Street. George Robinson and Co., 361 George-Street. 1888) Pages 20-21]
Governor Darling's Commission 1825 (UK)
This document, Letters Patent of 16 July 1925, extended the boundary of the Colony of New South Wales west from the line of longitude at 135 degrees to longitude 129 degrees. This was done so that a trading post set up the year before on Melville Island, off the coast of northern Australia, would be a British possession within the jurisdiction of the Governor of New South Wales.
Darling's Commission also provided for the establishment of an Executive Council to advise him. This was the foundation of the executive arm of government in the Colony.
Captain Arthur Phillip's Commission as New South Wales Governor made the boundary of the Colony 135 degrees east longitude, a convenient line which included only the eastern one-third of the future Northern Territory. This provision continued in the Commissions of the Governors until the British government decided to establish a military and trading post on the north coast of Australia.
The site of the first trading post set up in 1824, Fort Dundas on Melville Island, was some five degrees west of the boundary of the Colony. Earl Bathurst, at the Colonial Office, saw to it that this Commission issued to the next Governor of New South Wales, Ralph Darling, extended the western boundary of New South Wales to 129 degrees east longitude.
The three British military/trading posts set up on the north coast (Fort Dundas, 1824–1828; Fort Wellington, Raffle's Bay, 1827–1829; Victoria, Port Essington, 1838–1849) emphasised Britain's claim to the whole of the Australian continent but were mainly concerned with British commercial and strategic interests in the Indian Ocean. They were temporary and not intended to promote colonisation in the Northern Territory. So, documents relating to them are not considered founding constitutional instruments for the Northern Territory.
When Lieutenant-General Ralph Darling succeeded Sir Thomas Brisbane as Governor of New South Wales on 19 December 1825, his Commission thus differed significantly from the Commissions received by his predecessors by extending the Colony's western boundary, set in 1788 at 135 degrees east longitude, to the 129th meridian. This longitude later became the border dividing Western Australia and South Australia. To the south, everything beyond Wilson's Promontory, the southeastern 'corner' of the continent, ceased to be under the control of New South Wales and was placed under the authority of the Governor of Van Diemen's Land.
Darling's Commission was also unusual in that it provided for the creation (by prerogative act) of an Executive Council (in addition to the Legislative Council created by the New South Wales Act 1823) which the Governor was directed to consult and upon the advice of which he was to act.
[New South Wales documents; Long Title: Ralph Darling's Commission as Governor of New South Wales, 1825,
Provenance: British Government, Location: State Records New South Wales, Reference: SRNSW: X23]
1826
The Black War in Tasmania
“‘The Black War of Van Diemen's
Land’ was the name of the official campaign of terror directed against the
Black people of Tasmania. Between 1803 and 1830 the Black aborigines of Tasmania
were reduced from an estimated sive-thousand people to less than seventy-sive. An article published December 1, 1826 in the Tasmanian
Colonial Times declared that:
"We
make no pompous display of Philanthropy. The Government must remove the
natives--is not, they will be hunted down like wild beasts and destroyed!"
[December 1, 1826, Tasmanian Colonial Times]
1827
The case
of
R v
Lowe [1827]
"Australian courts have at times varied in their willingness to recognise aspects of Aboriginal customary law. In the case of R v Lowe [1827] the New South Wales Supreme Court determined that Aboriginal people were subject to its jurisdiction when they were in conflict with Europeans. However some question remained as to whether Aboriginal people were subject to its jurisdiction when committing offences against themselves ..."
[The
case of R v Lowe (1827), in Aboriginal Justice Advisory Council, Strengthening Community Justice, Some issues in the recognition of
Aboriginal Customary Law in New South Wales. Page 4 ]
Land
and stock speculation, 1827
1828
Second Constitution
Second Constitution 1828 –
15 Member Legislative Council.
“The Richmond River was discovered”
“The
Richmond River was discovered in 1828 by Captain Henry Rous, in the HMS
"Rainbow", and was named aster the sixth Duke of Richmond. Early
settlers travelled upstream to Broadwater, but the cedar-getters first came
across the country from the Clarence River. As word spread, another party of cedar-getters and their
families arrived in 1842 on the "Sally", and a
camp was established at what is now East Ballina, because of the high ground and
good water supply.” (Unknown)
Van Diemen’s Land
“With the declaration of martial
law in November 1828, Whites were authorized to kill Blacks on sight.
Although the Blacks offered a heroic resistance, the wooden clubs and sharpened
sticks of the Aborigines were no match against the firepower, ruthlessness, and
savagery exercised by the Europeans against them. In time, a bounty was
declared on Blacks, and "Black catching," as it was called, soon
became a big business; five poundsfor each adult Aborigine, two pounds for each
child. Aster considering proposals to capture them for sale as slaves,
poison or trap them, or hunt them with dogs, the government settled on continued
bounties and the use of mounted police.” (?)
Imperial Act 1828
Imperial Act 1828 - All laws and
statutes in force in England apply in NSW.
1829
Recovery of Crown Lands
25th August, 1829. Council Chambers
MINUTE No. 2.
PRESENT:
HIS EXCELLENCY THE GOVERNOR,
HIS HONOR THE CHIEF JUSTICE, THE VENERABLE THE ARCHDEACON, THE HONORABLE THE COLONIAL SECRETARY, THE ATTORNEY GENERAL, THE COLLECTOR of CUSTOMS, THE ATTORNEY-GENERAL, THE AUDITOR GENERAL, LIEUTENANT COLONEL LINDSAY, ROBERT CAMPBELL ESQ., ALEXANDER BERRY, ESQ., JOHN BLAXLAND ESQ. RICHARD JONES SQ., EDWARD CHARLES CLOSE ESQ., JOHN THOMAS CAMPBELL ESQ.
.... 5th-"An Act for the more effectual recovery of Crown Lands permitted to be occupied by private individuals."
E. DEAS THOMSON,
Clerk of the Court
MINUTE No. 4.
3rd September, 1829. Council Chambers
Present, in pursuance of adjournment:—-
HIS EXCELLENCY THE GOVERNOR,
HIS HONOR THE CHIEF JUSTICE, THE COLLECTOR of CUSTOMS, , THE HONORABLE THE COLONIAL SECRETARY, THE AUDITOR GENERAL, LIEUTENANT COLONEL LINDSAY, ROBERT CAMPBELL ESQ., ALEXANDER BERRY ESQ. RICHARD JONES ESQ. JOHN BLAXLAND ESQ., EDWARD CHARLES CLOSE ESQ., JOHN THOMAS CAMPBELL ESQ.
The Colonial Secretary seconded by the Collector of Customs, moved the Order of the Day for the second reading of the Recovery of Crown Lands Bill, and it was read a second time accordingly.
Government resumption of Crown and Church Lands
MINUTE No. 12.
24th
September, 1829,
Present,
in pursuance of adjournment -.—
His Excellency thE Governor, His Honor, esq. &c., &c., &c
“His
Excellency the Governor in formed the Council that he had adopted the amendments
proposed by them on the Bills for the resumption of Crown and Church Lands, and for
instituting Courts of
Quarter Sessions, and now laid the etc before the
Council, in order to their being passed into Laws.
It
was then ordered, on the motion of the Colonial Secretary, that these Bills be
read a third time on Tuesday, the 29th September instant. (Franchise)…(3.)
That the qualifications as to property, shall not be less than
thirty pounds per annum or a capital of three hundred pounds …
(6) That exemptions and disqualifications be conformable to such
persona as are exempted or disqualified by the Stat. 6
Geo. IV., c 50.
K.
DEAS THOMSON,
Clerk
of
the Council.
John MACARTHUR Esq..
The case
of
R v
Ballard [1829]
"In the case of R v Ballard [1829] the Attorney General sought the direction of the NSW Supreme Court on whether an Aboriginal person could be prosecuted for the murder of another Aboriginal person. In this case the Supreme Court held that it 'has jurisdiction in wrongs committed between Aborigines and Europeans, but not in those in which the only parties are Aborigines. It has always been policy of judges and government of New South Wales not to interfere in disputes between Aborigines'. In fact Chief Justice Forbes stated 'Aborigines are entitled to their own laws without interference by English law. In deciding this same matter Justice Dowling concurred 'until the Aboriginal natives of this country shall consent, either actually or by implication, to the imposition of our laws in the administration of justice for acts committed by themselves upon themselves, I know no reason, human or divine, which ought to justify us interfering in their institutions."
[The case of R v Ballard [1829], in Aboriginal Justice Advisory Council, Strengthening Community Justice, Some issues in the recognition of
Aboriginal Customary Law in New South Wales. Page 4]
1830
"The
vagrancy
of
their habits"
12 January, 1830
"It will be observed that the Venerable the Archdeacon is determined on
sparing no exertions for the instruction of the Aborigine. It is His Majesty's
gracious and declared wish, that this duty should be diligently attended to by
his Australian subjects; and having the King for their patron, and the Clergy for
their coadjutors, we do hope the people will cheerfully cooperate in this
just but truly difficult undertaking ... The failure ...of the attempts
hitherto made, points out the necessity of a careful survey of the wilderness it
is proposed to cultivate ... Many of (our readers) .. have regarded the Blacks
as an interesting subject of curiosity ... The Rev. Mr Threlkeld has gained
ground considerably in the study of the native language... we are encouraged to
hope, that those dissimilarities between the languages of the several tribes
which have been thought ... the most formidable barrier to their civilization,
are not radical, but mere differences of dialect, which it would no means
impracticable to surmount, and eventually to reform. It is proposed to form
stations in the various parts of the Colony, in the first instance for the study
of
the language, and its reduction to a written, and something like a
grammatical form ... The most serious difficulty has hitherto been sound to
arise from the vagrancy of their habits, making them altogether impatient of such tempered restraint as is indispensable to their instruction in letters and
the arts of civilized life, and next to impossible to attach them either to
persons or places ... –How may this vagrancy best be conquered?"
Sterling is
decreed to be the sole legal standard
of
value
13 January, 1830
Government Notice. Colonial Secretary's Office , Sydney. His Excellency the Governor has directed the following Notice of the general Objects of a Bill, about to be brought under the Consideration of the Legislative Council ... By His Excellency's Command, Alexander McLeay ... It is proposed, by this Bill, to repeal all such Parts of the Acts and Ordinances, now in force, as relate to the payment of Fines, Penalties, Rates, Polls, and Dues in Spanish Dollars, or any other Foreign Coin, and to authorise the levying of all such Fines, Penalties, Forfeitures, Rates, Tolls and Dues in Sterling Money ..."[
[Sydney Gazette; New South Wales Advertiser 13 January 1830
Poor old
Boongaree
23 January 1830
"Poor old Boongaree seems to have taken on a new lease of life. He has not paid his usual devoirs to the Sydney folk for some time past ... the venerable Chief has appeared in renovated health, decorated with a new badge a cocked hat, and a dingy coat to correspond to his complexion."
[Sydney Gazette; New South Wales Advertiser 23 January 1830]
1831
Crown Land
1831 - Land grants abolished.
No. 29.
2. Hit Excellency the Governor laid upon the Table, a copy of a Despatch from the Right Honorable Viscount Goderich, dated the 21st December,1831, intimating that an agreement had been entered into with the Church Missionary Society, by which they have undertaken to send out and superintend a Mission to the Aboriginal Inhabitants of New Holland, and recommending that the Sum of Five Hundred Pounds should be appropriated annually, from the Colonial Revenue, for that purpose. Ordered to be printed.
COPY of a Despatch from the Right Honorable Lord Viscount Goderich, to His Excellency Major-General Bourke.
(No.9.)
21st December, 1831
SIR,
The attention of my Predecessor having been called to the lamentable state of ignorance and barbarism in which the Aborigines of New South Wales continue to remain, an agreement has been entered into with the Church Missionary Society, by which they have undertaken to send out and superintend a Mission to these people, upon their being guaranteed for the support of it an annual payment of £500 from the Revenues of New South Wales. I enclose, for your information, a copy of the correspondence which took place between this Office and the Society, from which you will learn the sentiments of Government upon this important subject; and I have to request that you will recommend to the Legislative Council the annual grant, so long as the Mission exists, of £500 from the Colonial Revenues, in furtherance of the objects in view. The commencement of the payment is to date from the arrival of the Mission in New South Wales. One Missionary proceeded to the Colony in March last; the other, it is expected, will take his departure in the course of a few weeks. You will, in concert with the Agents of the Society, establish such regulations for checking the expenditure of this money as may be adapted to ensure the due appropriation of it to the objects for which it is given.
It is almost needless for me to instruct you to afford your countenance and protection to the Missionaries, and to give them every facility, in the discharge of duties from which the Government anticipate much advantage to the Natives themselves, as well as to the European settlers, who at present are exposed to the mischievous consequences of the predatory lives and habits of their neighbours.
I beg to call your attention to the various grants of land which have from time to time been given by your predecessors to Missionary Societies, for the purpose of inducing them to undertake the task of civilising the Natives, and instructing them in the principles of religion and morality. You will ascertain the state of these grants, and the manner in which the funds arising from them have been appropriated; and is you should find that the objects for which they were given have not been realised, and that the Government have the power of resuming the lands, you will not fail to do so, and to dispose of them in such manner as may render them productive of Revenue; by which means the charge to the Colony on account the New M