Abstract
Contemporary struggles to establish lawful relations between Indigenous and non-Indigenous peoples continue a long history of contestation surrounding Europe‘s claims to dominion over the lands of others since the beginning of modern expansion in the late fifteenth century.2 This collection focuses on Indigenous assertions of sovereign autonomy that were directed towards securing a permanent stake in the land in nineteenth-century British settler colonies, particularly through farming enterprises that sought at once to challenge and work within imposed Western frameworks. In this chapter, we home in on one extended campaign for land-based justice in the colony of Victoria, Australia, when the Aboriginal peoples of the Kulin nations, together with their European sympathizers and allies, challenged the ways in which British sovereignty had been unfolding there. Such was the influence of their campaign that by 1881, the government had agreed to an official Parliamentary Inquiry into conditions at the Coranderrk Aboriginal Reserve, the centre of a so-called rebellion against colonial authorities.
We are grateful to the Australian Research Council for funding The Minutes of Evidence project: promoting new and collaborative ways of understanding Australia’s past and engaging with structural justice’ (http://minutesofevidence.com). This three-year project (2011–2014) brings together leading Aboriginal and non-Aboriginal researchers, education experts, creative artists and Community members to promote new modes of publicly engaging with historical and structural injustice. It draws centrally on the 1881 Inquiry to create a series of ‘meeting points’ (in public spaces, on-Country, in schools, theatres and universities) to share memories, understandings and possibilities in relation to the nation’s past, present and future. Julie Evans is the Lead Chief Investigator and Giordano Nanni the Senior Research Associate on the project, which is hosted by the School of Social and Political Sciences at the University of Melbourne. We thank our research assistants, Maria Rae and Adam Ferguson, for assisting in preparing this chapter for publication.
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Notes
C. Hamilton, V. Harris, J. Taylor, M. Pickover, G. Reid and R. Saleh (2002) ‘Introduction’ in C. Hamilton, V. Harris, J. Taylor, M. Pickover, G. Reid and R. Saleh (eds), Refiguring the Archive (Dordrecht: Kluwer Academic Publishers), p. 15.
For discussion of the ‘logic of elimination’ as a mode of governance in settler societies, see P. Wolfe (1994), ‘Nation and MiscegeNation: Discursive Continuity in the Post-Mabo Era’, Social Analysis, 36, pp. 93–152
and P. Wolfe (2001), ‘Land, Labor, Difference: Elementary Structures of Race’, The American Historical Review, 106 (3), pp. 866–905.
C. Harris (2002) Making Native Space: Colonialism, Resistance, and Reserves in British Columbia (Vancouver: University of British Columbia Press), p. xxiv.
See also A. Burton (2005), ‘Introduction’, in A. Burton (ed.), Archive Stories: Facts, Fictions, and the Writing of History (Durham and London: Duke University Press), pp. 1–24;
A. Perry (2005), ‘The Colonial Archive on Trial: Possession, Dispossession, and History on Delgamuuwk v. British Columbia’, in Burton (ed.), Archive Stories, pp. 325–50;
O. Frankel (2006), States of Inquiry: Social Investigations, Explorations, and Print Culture in 19thC Britain and the United States (Baltimore: Johns Hopkins University Press).
R. De Costa (2006) ‘Identity, Authority and Moral Worlds of Indigenous Petitions’, Comparative Studies in Society & History, 48 (3), pp. 669–98.
See also S. Belmessous (ed.) (2012), Native Claims: Indigenous Law against Empire: 1500–1920 (Oxford: Oxford University Press).
J. Evans, A. Genovese, A. Reilly and P. Wolfe (eds) (2013) Sovereignty: Frontiers of Possibility (Honolulu: University of Hawaii Press).
Although there is no exact record of the Aboriginal population of Victoria prior to British settlement, conservative estimates suggest a figure of between 10,000 and 12,000 people at time of contact. By the time Coranderrk was established in 1863, the Victorian Aboriginal population had dropped to around 2000; see B. Attwood (2003), Rights for Aborigines (Sydney: Allen & Unwin), p. 353, fn. 6;
D. Barwick (1998), Rebellion at Coranderrk (Canberra: Aboriginal History Inc), pp. 16–17;
R. Broome (2005), Aboriginal Victorians: A History Since 1800 (Sydney: Allen & Unwin), pp. 90–3;
N. Butlin (1983), Our Original Aggression: Aboriginal Populations of South-eastern Australia, 1788–1850 (Sydney: Allen & Unwin).
H. Reynolds (1992) The Law of the Land (Melbourne: Penguin), pp. 1–54, 125–8;
B. Attwood (2009) Possession (Melbourne: The Miegunyah Press), pp. 13–101, 294–300.
For a more in-depth analysis of the role of Aboriginal petitions in lieu of formal treaties across Britain’s Australian colonies, see A. Curthoys and J. Mitchell (2012), ‘“Bring this Paper to the Good Governor”: Aboriginal Petitioning in Britain’s Australian Colonies’, in S. Belmessous (ed.), Native Claims: Indigenous Law against Empire, 1500–1920 (Oxford: Oxford University Press).
S. Furphy (2010) ‘“Our Civilization has Rolled Over Thee”: Edward M. Curr and the Yorta Yorta Native Title Case’, History Australia, 7 (3), p. 54.3.
D. Rose (2002) ‘Reflections on the Use of Historical Evidence in the Yorta Yorta Case’, in M. Paul and G. G. Gray (eds), Through a Smoky Mirror: History and Native Title (Canberra: Aboriginal Studies Press).
The appeals were dismissed. For the final appeal, see High Court of Australia, Members of the Yorta Yorta Aboriginal Community v Victoria, HCA 58; 214 CLR 422; 194 ALR 538; 77 ALJR 356 (12 December 2002). Accessed 20 March 2014. See also S. Furphy (2013), Edward M. Curr and the Tide of History (Canberra: ANU EPress).
J. Balint (2012) Genocide, State Crime and the Law: In the Name of the State (London: Routledge-Cavendish), p. 204.
Balint cites on p. 5 J. White (1985), Heracles’ Bow. Essays on the Rhetoric and Poetics of Law (Madison: The University of Wisconsin Press), p. 42.
See M. Johnson (2008), ‘Making History Public: Indigenous Claims to Settler States’, Public Culture, 20 (1), pp. 97–117 on public space of legal inquiries.
For related discussion, see L. Behrendt and N. Watson (2007), ‘Shifting Ground: Why Land Rights and Native Title Have Not Delivered Social Justice’, Journal of Indigenous Policy, 8, pp. 94–102;
C. Black, S. McVeigh and R. Johnstone (2007) ‘Of the South’, Griffith Law Review, 16 (2), pp. 430–3;
T. Birch (2007), ‘The Invisible Fire: Indigenous Sovereignty, History and Responsibility’, in A. Morton-Robinson (ed.), Sovereign Subjects: Indigenous Sovereignty Matters (Sydney: Allen & Unwin), pp. 105–17. In addition to contributing to scholarly research, the Minutes of Evidence project is also reactivating the power of the 1881 Inquiry by making it accessible to a broader audience. Through elaborating the Inquiry’s significance to Victoria’s past, present and future, the project has supported the Victorian Department of Education and Early Childhood Development, in association with the Victorian Aboriginal Education Association Inc., to develop curriculum, resources, and a teachers’ advice and protocols manual for use in secondary schools (years 9 and 10 History and Civics & Citizenship). Meanwhile, a verbatim theatre production Coranderrk: We Will Show the Country, co-written by Giordano Nanni and Yorta Yorta playwright Andrea James, and produced by Ilbijerri Theatre in association with La Mama Theatre, draws centrally on the Inquiry’s minutes of evidence. It has been presented to widespread acclaim on-Country and before the public, and is being adapted for schools. The original script, together with contextual historical and biographical information, has been published by G. Nanni and A. James (2013), Coranderrk: We Will Show the Country (Canberra: AITSIS).
P. Carter (2007) ‘Public Space: Its Mythopoetic Foundations and the Limits of Law’, Griffith Law Review, 16 (2), pp. 430–3.
R. White (1991) The Middle Ground: Indians, Empires, and Republics in the Great Lakes region, 1650–1815 (New York: Cambridge University Press).
S. McVeigh and S. Dorsett (2013) ‘Section 233 and the Shape of Native Title: The Limits of Jursidictional Thinking’, in L. Ford and T. Rowse (eds), Between Indigenous and Settler Governance (Oxford: Routledge), pp. 162–73.
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Evans, J., Nanni, G. (2015). Re-imagining Settler Sovereignty: The Call to Law at the Coranderrk Aboriginal Reserve, Victoria 1881 (and Beyond). In: Laidlaw, Z., Lester, A. (eds) Indigenous Communities and Settler Colonialism. Cambridge Imperial and Post-Colonial Studies Series. Palgrave Macmillan, London. https://doi.org/10.1057/9781137452368_2
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DOI: https://doi.org/10.1057/9781137452368_2
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