STANLEY to GIPPS. (Despatch No. 68, Per Ship Garland Grove.) Sir
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The Impact of the American Doctrine of Discovery on Native Land Rights in Australia, Canada, and New Zealand
University of Dayton eCommons School of Law Faculty Publications School of Law 2011 The mpI act of the American Doctrine of Discovery on Native Land Rights in Australia, Canada, and New Zealand Blake Watson University of Dayton, [email protected] Follow this and additional works at: https://ecommons.udayton.edu/law_fac_pub Part of the Indian and Aboriginal Law Commons eCommons Citation Watson, Blake, "The mpI act of the American Doctrine of Discovery on Native Land Rights in Australia, Canada, and New Zealand" (2011). School of Law Faculty Publications. 73. https://ecommons.udayton.edu/law_fac_pub/73 This Article is brought to you for free and open access by the School of Law at eCommons. It has been accepted for inclusion in School of Law Faculty Publications by an authorized administrator of eCommons. For more information, please contact [email protected], [email protected]. The Impact of the American Doctrine of Discovery on Native Land Rights in Australia, Canada, and New Zealand Blake A. Watson† The landmark decision in the United States regarding Indian land rights is Johnson v. McIntosh, an 1823 decision authored by Chief Jus- tice John Marshall. The Supreme Court in Johnson unequivocally re- jected the most favorable view of indigenous land rights—that the native inhabitants own the land they occupy and are free to retain or sell their property.1 Yet the Court did not adopt the least favorable view of Indian land rights either—that the tribes of America are trespassers without ownership or possessory rights. Instead, Marshall endorsed an interme- diate position. On one hand, he declared the Indian nations “to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion . -
Australian Historical Studies Adam Smith and Faith in The
This article was downloaded by: [University of Newcastle (Australia)] On: 13 November 2011, At: 15:47 Publisher: Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House, 37-41 Mortimer Street, London W1T 3JH, UK Australian Historical Studies Publication details, including instructions for authors and subscription information: http://www.tandfonline.com/loi/rahs20 Adam Smith and Faith in the Transformative Qualities of Wine in Colonial New South Wales Julie McIntyre Available online: 08 Jun 2011 To cite this article: Julie McIntyre (2011): Adam Smith and Faith in the Transformative Qualities of Wine in Colonial New South Wales, Australian Historical Studies, 42:2, 194-211 To link to this article: http://dx.doi.org/10.1080/1031461X.2011.560611 PLEASE SCROLL DOWN FOR ARTICLE Full terms and conditions of use: http://www.tandfonline.com/page/terms-and- conditions This article may be used for research, teaching, and private study purposes. Any substantial or systematic reproduction, redistribution, reselling, loan, sub-licensing, systematic supply, or distribution in any form to anyone is expressly forbidden. The publisher does not give any warranty express or implied or make any representation that the contents will be complete or accurate or up to date. The accuracy of any instructions, formulae, and drug doses should be independently verified with primary sources. The publisher shall not be liable for any loss, actions, claims, proceedings, demand, or costs or damages whatsoever or howsoever caused arising directly or indirectly in connection with or arising out of the use of this material. AdamSmithandFaithintheTransformative + Qualities of Wine in Colonial New South Wales JULIE MCINTYRE The desire of the governing class of colonial New South Wales to reduce drunkenness among the working classes coincided with the desire to create a wine industry. -
The Illawarra Diary of Lady Jane Franklin, 10-17 May 1839
University of Wollongong Research Online Senior Deputy Vice-Chancellor and Deputy Vice- Senior Deputy Vice-Chancellor and Deputy Vice- Chancellor (Education) - Papers Chancellor (Education) 1-9-1988 The Illawarra Diary of Lady Jane Franklin, 10-17 May 1839 Michael K. Organ University of Wollongong, [email protected] Follow this and additional works at: https://ro.uow.edu.au/asdpapers Part of the Arts and Humanities Commons, and the Social and Behavioral Sciences Commons Recommended Citation Organ, Michael K.: The Illawarra Diary of Lady Jane Franklin, 10-17 May 1839 1988. https://ro.uow.edu.au/asdpapers/34 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] The Illawarra Diary of Lady Jane Franklin, 10-17 May 1839 Abstract Jane Franklin, the wife of Sir John Franklin, Governor of Tasmania, travelled overland from Port Phillip to Sydney in 1839. During the trip she kept detailed diary notes and wrote a number of letters. Between 10-17 May 1839 she journeyed to the Illawarra region on the coast of New South Wales. A transcription of the original diary notes is presented, along with descriptive introduction to the life and times of Jane Franklin. Disciplines Arts and Humanities | Social and Behavioral Sciences Publication Details This booklet was originally published as Organ, M (ed), The Illawarra Diary of Lady Jane Franklin, 10-17 May 1839, Illawarra Historical Publications, 1988, 51p. This book is available at Research Online: -
1 Plunkett's Disappointment
[2006] ANZLH E-Journal PLUNKETT’S DISAPPOINTMENT: THE REVELANCE OF CATHOLICISM TO A JUDICIAL APPOINTMENT TO THE NEW SOUTH WALES BENCH IN THE 1840s Tony Earls* Prior to the introduction of responsible government in 1856, New South Wales had three Chief Justices, successively; Forbes, Dowling and Stephen. The Crown appointed Forbes on the advice of the Colonial Office in London. With the appointments of Dowling and Stephen, the Colonial Office looked to the advice of the Governor of New South Wales to make an appointment from within the local legal profession. Although William Burton challenged Dowling’s claim to succeed Forbes on a question of seniority, it was the events that led up to the appointment of Stephen, involving two highly credentialed and ambitious candidates, that first tested substantial questions as to rights of precedence and other factors relevant to the appointment. It need hardly be said that the appointment was, and is, a prestigious and important one. However, in order to consider the implications of an appointment, it is useful to attempt to explain why. For the individual, it is the pinnacle of any legal career, affording status and power in their own time and posterity thereafter. In the first half of the nineteenth century this was particularly true when it came to questions of social and governmental rank.1 Amongst other things, a Chief Justice might expect a knighthood following appointment as Chief Justice. As a force in society, the primary influence of a Chief Justice relates not only to the judgement of major cases, but to the administration of the courts, the keystone of the legal system. -
Sydney Australia Inquests 1826.Pdf
New South Wales Inquests, 1819; 10 June 2008 1 SYD1819 SYDNEY GAZETTE, 10/04/1819 Court of Criminal Jurisdiction Wylde J.A., 7 April 1819 This was a day of serious trial for the murder of WILLIAM COSGROVE , a settlor and district constable upon the Banks of the South Creek, on the first of the present month; by the discharge of the contents of a musket loaded with slugs into his body, of which wounds he died the following day. The prisoners were TIMOTHY BUCKLEY by whom the gun was fired; DAVID BROWN , and TIMOTHY FORD , all of whom had been in the Colony but six of seven months, and prisoners in the immediate employee of Government, and who unhappily had not renounced those propensities which sooner or later were to lead them to an unhappy end. The first witness called was THOMAS COSGROVE , brother of the deceased, whose testimony was conclusive of the fact. The witness stated, that his murdered brother was a district constable at the South Creek; and that he having seen, and believing the three prisoners at the bar to be bushrangers, requested him, the witness, to joining in pursuit of the suspected persons; all of which was readily compiled with, and a pursuit accordingly commenced. This was about one in the afternoon; the deceased went up to the three men (the prisoners at the bar), and found then in conversation with two young men who were brothers of the name of York, one of them a son in law of the deceased. The deceased called to the prisoners at the bar, declaring his willingness to point them out the road to the place they were enquiring for, namely the "Five mile Farm;" but appearing conscious that they were armed bushrangers, he hesitated not to rescue their giving themselves up to him, he being a district constable. -
Norfolk Island
NORFOLK ISLAND. BY CAPTAIN MAOONOtJIIIE, R.N., K.ll., LATE SUPERINTENDENT. “Captain Maconochie did more for the reformation of these unhappy wretches than the most sanguine practical mind could beforehand have ventured even to hope. My knowledge of the convict’s character warrants my saying expressly, that his views offer the only approximation that has ever yet been made to a correct penal • theory, &c.”—.Sejglers and Convicts, or Recollections of Six(een Years in Australia, pp. 412—13. LONDON: JOHN OLLIVIER, ~9, PALL MALL. 1848. 0 IN a recent debate in the house of Commons it was assumed several Ilonourable Members, that the System of Convict Manag~ ment maintained on Norfolk Island between the years 1840 and 184I~ failed, and that the recent excesses there prove this. It seems desir~ able, therefore, to let it be seen with some distinctness at once wht~ that system svas, wh~ttwere its immediate results, and that the exeess~ in question arose entirely subsequent to its discontinuance. Inferenc~ on the subject will be thus made more precise ;—and to attain this, nt~, to indulge in egotistical feeling, is the object of the annexed 1MIrtati~ —A. M. NORFOLK ISLAND. TIlE condition of our Penal Settlement on Norfolk Island was brought under the particular attention of the Transportation Committee of the House of Commons in 1837-8. It was shown that very undue seventies were inflicted in it, and that the ne- ~essary result, extensive demoralization among the men, had ensued. In the strong language cited by one of the witnesses, the Rev. Dr. IJilathorne, as having been addressed to him by an unhappy victim of the system on the Island itself, “When a prisoner was sent to Norfolk Island he lost the heart of a man, and got that of a beast instead.” About the same time, a plan of managing prisoners suggested by me in Van Dieman’s Land in 1837 was also brou~htunder the notice of the committee, and received its qualifle~?approba- tion. -
The Early Court System in the District of Port Phillip in 1835, John
(Unrevised Version) REMARKS OF THE HON. MARILYN WARREN AC CHIEF JUSTICE OF THE SUPREME COURT OF VICTORIA AT THE ROYAL HISTORICAL SOCIETY OF VICTORIA ON THURSDAY, 28 APRIL 2011 Early History of the Victorian Legal System* The Early Court System in the District of Port Phillip In 1835, John Batman’s schooner Rebecca ventured about six miles up the Yarra River and set foot on land which Batman considered an ideal place for a village. Batman encouraged the Aborigines he met there to sign a deed for the transfer of 600,000 acres of land in exchange for a yearly supply of blankets, knives, looking glasses, clothing and flour. This was the Batman treaty. Soon after, as other ships brought settlers in vast numbers, the yearly tribute to the local tribes was forgotten and the settlement of a permanent white population began to take root.1 In 1836 this tiny village that was to one day become Melbourne had a population of only 166.2 Professor Blainey described the place as ‘a hillbilly town’. That year the Governor in Sydney authorised a larger settlement in the Port Phillip district, but it remained part of the colony of New South Wales and was 1 Carroll, Brian, Melbourne, An Illustrated History (Lansdowne Press, 1972), 12-16. 2 The Supreme Court of Victoria, A Short Account of the Law Court and the Library (The Hawthorn Press, 1976, Melbourne), 3. 1 largely governed by the Sydney administration. During a public meeting in June 1836, the settlers voiced dissatisfaction with this state of affairs and expressed a desire for independence. -
In Good Faith? Governing Indigenous Australia Through God, Charity and Empire, 1825-1855
In Good Faith? Governing Indigenous Australia through God, Charity and Empire, 1825-1855 In Good Faith? Governing Indigenous Australia through God, Charity and Empire, 1825-1855 Jessie Mitchell THE AUSTRALIAN NATIONAL UNIVERSITY E PRESS E PRESS Published by ANU E Press and Aboriginal History Incorporated Aboriginal History Monograph 23 This title is also available online at: http://epress.anu.edu.au/good_faith_citation.html National Library of Australia Cataloguing-in-Publication entry Author: Mitchell, Jessie. Title: In good faith? : governing Indigenous Australia through god, charity and empire, 1825-1855 / Jessie Mitchell. ISBN: 9781921862106 (pbk.) 9781921862113 (eBook) Series: Aboriginal history monograph ; 23 Notes: Includes bibliographical references. Subjects: Indigenous peoples--Government relations. Philanthropinism. Aboriginal Australians--Politics and government. Aboriginal Australians--Social conditions--19th century. Colonization--Australia. Dewey Number: 305.89915 Aboriginal History Incorporated Aboriginal History is administered by an Editorial Board which is responsible for all unsigned material. Views and opinions expressed by the author are not necessarily shared by Board members. The Committee of Management and the Editorial Board Kaye Price (Chair), Peter Read (Monographs Editor), Maria Nugent and Shino Konishi (Journal Editors), Robert Paton (Treasurer and Public Officer), Anne McGrath (Deputy Chair), Isabel McBryde, Niel Gunson, Luise Hercus, Harold Koch, Christine Hansen, Tikka Wilson, Geoff Gray, Jay Arthur, Dave Johnson, Ingereth Macfarlane, Brian Egloff, Lorena Kanellopoulos, Richard Baker, Peter Radoll. Contacting Aboriginal History All correspondence should be addressed to Aboriginal History, Box 2837 GPO Canberra, 2601, Australia. Sales and orders for journals and monographs, and journal subscriptions: Thelma Sims, email: Thelma.Sims@anu. edu.au, tel or fax: +61 2 6125 3269, www.aboriginalhistory.org Aboriginal History Inc. -
New South Wales Inquests, 1819; 10 June 2008 1 SYD1819 SYDNEY
New South Wales Inquests, 1819; 10 June 2008 1 SYD1819 SYDNEY GAZETTE, 10/04/1819 Court of Criminal Jurisdiction Wylde J.A., 7 April 1819 This was a day of serious trial for the murder of WILLIAM COSGROVE , a settlor and district constable upon the Banks of the South Creek, on the first of the present month; by the discharge of the contents of a musket loaded with slugs into his body, of which wounds he died the following day. The prisoners were TIMOTHY BUCKLEY by whom the gun was fired; DAVID BROWN , and TIMOTHY FORD , all of whom had been in the Colony but six of seven months, and prisoners in the immediate employee of Government, and who unhappily had not renounced those propensities which sooner or later were to lead them to an unhappy end. The first witness called was THOMAS COSGROVE , brother of the deceased, whose testimony was conclusive of the fact. The witness stated, that his murdered brother was a district constable at the South Creek; and that he having seen, and believing the three prisoners at the bar to be bushrangers, requested him, the witness, to joining in pursuit of the suspected persons; all of which was readily compiled with, and a pursuit accordingly commenced. This was about one in the afternoon; the deceased went up to the three men (the prisoners at the bar), and found then in conversation with two young men who were brothers of the name of York, one of them a son in law of the deceased. The deceased called to the prisoners at the bar, declaring his willingness to point them out the road to the place they were enquiring for, namely the "Five mile Farm;" but appearing conscious that they were armed bushrangers, he hesitated not to rescue their giving themselves up to him, he being a district constable. -
A History of Medical Administration in NSW 1788-1973
A History of Medical Administration in NSW 1788-1973 by CJ Cummins Director-General of Public Health, NSW (1959-1975) 2nd edition Photographic acknowledgments Images of St. Vincents Hospital, Benevolent Asylum and Scenes of Gladesville Hospital courtesy of the Mitchell Library, State Library of New South Wales. Images of Lunatic Reception House – Darlinghurst, Department of Health Office, Broughton Hall Hairdressing Salon, Callan Park Recreation Grounds, Dr Morris, Dr Balmain and Garrawarra Hospital courtesy of the Bicentennial Copying Project, State Library of New South Wales. Image of The ‘Aorangi’ in quarantine courtesy of the Sam Hood collection, State Library of New South Wales. Image of Polio Ward – Prince Henry Hospital courtesy of photographer Don McPhedran and the Australian Photographic Agency collection, State Library of New South Wales. Image of John White (Principal Surgeon), George Woran (Surgeon of the ‘Sirius’), and Governor Phillip and young Aboriginal woman courtesy of Rare Books Collection, State Library of Victoria. NSW DEPARTMENT OF HEALTH 73 Miller Street NORTH SYDNEY NSW 2060 Tel. (02) 9391 9000 Fax. (02) 9391 9101 TTY. (02) 9391 9900 www.health.nsw.gov.au This work is copyright. It may be reproduced in whole or in part for study training purposes subject to the inclusion of an acknowledgement of the source. It may not be reproduced for commercial usage or sale. Reproduction for purposes other than those indicated above, requires written permission from the NSW Department of Health. © NSW Department of Health 1979 First edition printed 1979 Second edition redesigned and printed October 2003 SHPN (COM) 030271 ISBN 0 7347 3621 5 Further copies of this document can be downloaded from the NSW Health website: www.health.nsw.gov.au October 2003 Preface This new preface is the result of a request from the NSW Department of Health to republish the original A history of medical administration in New South Wales, 1788-1973 Report. -
Sydney Printing
RARE BOOKS • MANUSCRIPTS • PAINTINGS • PRINTS • RARE BOOKS • MANUSCRIPTS • PAINTINGS • PRINTS HORDERN HOUSE HORDERN HOUSE 77 VICTORIA ST POTTS POINT SYDNEY NSW 2011 AUSTRALIA +612 9356 4411 www.hordern.com JULY 2011 Sydney Printers before 1860 chiefly from the Robert Edwards library. [email protected] Hordern House recently received the wonderful library of Dr Robert Edwards AO, and over the next year or two we will be offering the library for sale. Bob is one of the great figures of Australian cultural history, at different times working as a leading anthropologist, a central figure in the study of indigenous art, a museum director and a driving force behind many of the international blockbuster art shows to travel to Australia. His early training as an anthropologist saw him doing fieldwork in remote Australia, and led to him becoming a museum curator in the 1960s and 70s. He was the founding director of the Australia Council’s Aboriginal Arts Board, perhaps most famous for its support of the Papunya Tula artists. He was the Director of the Museum of Victoria from 1984-90, the founding chairman of the National Museum of Australia and the founding chairman of the National Portrait Gallery. He has also for many years been the chief executive of Art Exhibitions Australia which brought to Australia significant exhibitions, including the Entombed Warriors from China (1982), Claude Monet (1985), Van Gogh (1993) and Rembrandt (1997). Bob is an ardent bibliophile, and his Library reflects the discerning taste of a knowledgeable and educated collector. Some books are of such rarity that they are known in only a handful of copies, and his collection embraces early Australian printing, early works on the Australian Aborigines, the major early voyage accounts, as well as works on early settlement and inland exploration. -
Bathurst to Darling. 227
BATHURST TO DARLING. 227 Tbis appears to be a very necessary Eegulation, subject to the 1827: further arrangements and alterations, communicated in your prl' Dispatch No. 60, as well as the succeeding Eegulation with ^"Jfiln'd " Tegard to the mode of receiving offers for Sale, vizt. that Sealed Tenders should be received " from such persons only as had previously obtained the Governor's permission to purchase," which is calculated to facilitate the decision on the comparative merits of the Applications. Sixthly. " The Commissioners suggest that all those Settlers, Granteesnotto who have received a Grant of Land without purchase, should fromfurther not in future receive any additional Grant from Government »rants- except by Purchase." This restriction I see no occasion for imposing, for the reasons explained in another part of my Dispatch. Seventhly. The Surveyor General submits whether limited concessions Sales to-resident Settlers upon the condition of 3 years credit at purchasers" a fixed price of 5s. pr. Acre, and to new Settlers at a rent for the three first years previous to purchase, will be any material departure from the spirit of His Majesty's Instructions. Although this proposal with respect to the Settlers, who may wish to buy Land upon credit, is at variance both with the spirit and the letter of the Eegulations, alluded to, and must, there- . fore, be for the present refused, I am not prepared to say that it may not be judicious hereafter to alter them. The new Settler would scarcely, I should conceive, consent to pay Eent for Land, which he means ultimately to purchase, when, if it were to be granted to him, he would be free of Quit Eent for a certain number of years, and may purchase after all if he desire it.