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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. -
From Charles La Trobe to Charles Gavan Duffy: Selectors, Squatters and Aborigines 3
Journal of the C. J. La Trobe Society Inc. Vol. 7, No. 3, November 2008 ISSN 1447-4026 La Trobeana is kindly sponsored by Mr Peter Lovell LOVELL CHEN ARCHITECTS & HERITAGE CONSULTANTS LOVELL CHEN PTY LTD, 35 LITTLE BOURKE STREET, MELBOURNE 3000, AUSTRALIA Tel +61 (0)3 9667 0800 FAX +61 (0)3 9662 1037 ABN 20 005 803 494 La Trobeana Journal of the C J La Trobe Society Inc. Vol. 7, No. 3, November 2008 ISSN 1447-4026 For contributions contact: The Honorary Editor Dr Fay Woodhouse [email protected] Phone: 0427 042753 For subscription enquiries contact: The Honorary Secretary The La Trobe Society PO Box 65 Port Melbourne, Vic 3207 Phone: 9646 2112 FRONT COVER Thomas Woolner, 1825 – 1892, sculptor Charles Joseph La Trobe 1853, diam. 24.0cm. Bronze portrait medallion showing the left profile of Charles Joseph La Trobe. Signature and date incised in bronze I.I.: T. Woolner. Sc. 1853:/M La Trobe, Charles Joseph, 1801 – 1875. Accessioned 1894 La Trobe Picture Collection, State Library of Victoria. CONTENTS A Word from the President 1 Call for Assistance – Editorial Committee 1 Forthcoming Events 2 Christmas Cocktails 2 Government House Open Day 2 La Trobe’s Birthday 2009 2 A Word from the Treasurer 2 From Charles La Trobe to Charles Gavan Duffy: selectors, squatters and Aborigines 3 The Walmsley House at Royal Park: La Trobe’s “Other” Cottage 12 Provenance: The Journal of Public Record Office Victoria 19 A Word from the President It is hard to believe that the year is nearly at an A highlight of the year was the inaugural La end. -
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: -
Whiteness Studies in the Australian Academe in 2009, Some Comments
ACRAWSA e-journal, Vol. 5, No. 1, 2009 EDITORIAL: WHITENESS STUDIES IN THE AUSTRALIAN ACADEME IN 2009, SOME COMMENTS LEIGH BOUCHER & JANE CAREY The articles in this issue all emerged out Journal on the “politics of good feeling”: of the intellectual and political work that how “certain bodies are seen as the took place during the 2008 Re-Orienting origin of bad feeling, as getting in the Whiteness Conference in Melbourne. i way of public happiness”. Here, Ahmed First, then, we would like to thank all the argued the continuing need for presenters and participants who made attention to “histories that hurt”. Making the trip to Melbourne in early December. links between the painful history of In many ways, the following articles colonialism, the study of whiteness, and attest to both the vitality of whiteness regimes of “productive” political feeling studies in Australia and the political in the present, she explained, “The challenges that currently shape the field. history of happiness is inseparable from The conference itself represented the the history of empire … happiness was fusion of two nascent conference used to justify European imperialism as a traditions: the annual ACRAWSA moral project … The civilising mission conference which has, without question, could be described as a happiness provided a focus and impetus for the mission”. She concluded, “We cannot let solidification of the field in Australia, and go of this history, we cannot give up the Historicising Whiteness conference labouring over its sore points … [we held in 2006, which brought together cannot] cover over bad feelings and historians interested in the study of the pasts they keep alive … We might whiteness. -
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. -
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. -
Picture As Pdf Download
Reflections Reflections History Smallpox vaccination, colonial Sydney and serendipity Accidental discovery of an 1841 smallpox vaccine specimen prompts consideration of its historical context — and extreme caution Kathryn M Weston Alarmed, Gipps requested clarification, believing the November 2010, Western Sydney BSc(Hons), PhD, A parcel is delivered to the local Public Health Unit from the New Senior Lecturer, Public report indicated that Sydney currently held no smallpox Health1 5 South Wales State Records Authority. It contains copies of letters vaccine. Thompson replied that his comments referred written in May 1841, between the then New South Wales Wendy C Gallagher only to the lack of a “Vaccine Establishment” for ensuring Governor, Sir George Gipps, and Dr J V Thompson, Deputy BSc(Hons), supply.5 The Governor’s persistent enquiries, however, Inspector General of Hospitals. Enclosed is a small package GradDipA(Lib&InfoSc), Archivist2 prompted Thompson to send the aforementioned small containing two glass slides, sealed together, guarding vaccine material crucial in protecting the young colony from the scourge James M Branley package on 21 May, declaring reassuringly that “the of smallpox. MB BS, FRACP, FRCPA, Vaccine Virus is not lost, as will be best attested perhaps by Head of Microbiology and In the same week, the world mourns the death of Sir Frank Infectious Diseases,3 and the enclosed packet taken at the Female Factory on the Fenner, celebrated champion in the global eradication of Adjunct Associate 19th inst”.6 4 smallpox, who had stood before the World Health Assembly Professor, In 1798, 43 years earlier, Edward Jenner had published some 30 years earlier and declared that the dreadful disease 1 Graduate School of his work on smallpox vaccination, describing the was extinct. -
Learning Resource 1 - the Australian Colonies Colonial Life of Our First Governors, Their Families and Guests
Governor of New South Wales Learning Resource 1 - The Australian Colonies Colonial Life of our First Governors, their Families and Guests Stage 3 History These learning experiences support studies on The Australian Colonies. The focus is on students using primary sources to investigate continuities and changes between the past and present in the life of the Governor of New South Wales. Teachers may wish to incorporate these activities into their class program. Key Inquiry Questions • What do we know about the lives of people in Australia’s colonial past and how do we know? • What were the significant events and who were the significant people that shaped Australian colonies? Current Role of the Governor of New South Wales His Excellency General The Honourable David Hurley AC DSC (Ret’d) and Mrs Hurley The Governor is appointed by the Sovereign and is her representative in New South Wales. The formal head of state in New South Wales, the role of Governor has changed greatly over the years. • Students use information and photographs sourced from the Governor of New South Wales website to create an annotated visual text explaining the three current roles of the Governor of New South Wales: Constitutional, Ceremonial and Community. • In the context of the Governor’s Constitutional role, discuss the three levels of government in Australia: local, state and federal. GOVERNOR OF NEW SOUTH WALES - LEARNING RESOURCE - THE AUSTRALIAN COLONIES 1 A New Government House for Sydney Government House Sydney was completed in 1845 and the 9th Governor of New South Wales, Sir George Gipps, his wife Elizabeth and their staff moved into the House. -
24/03/08 Syd1840 Cja, 6/436, 01/01/1840 Inquests
New South Wales Inquests, 1840; 24/03/08 SYD1840 CJA, 6/436, 01/01/1840 INQUESTS. - On Saturday last, at the house of ADAM WILSON , constable, at New Town, on the body of ROBERT DAY, who died from the effects of a ruptured blood vessel, produced through intemperance. Verdict accordingly. On Monday last, at the Cross Keys, corner of King and Kent-streets, on view of the body of WILLIAM RAGAN [REGAN] [ aged 50]. It appeared in evidence that the deceased retired to rest on the night previous to his demise, apparently in good health; but, that on the following morning, he was found lying on his bed quite dead. Verdict, died by the visitation of God. SUDDEN DEATH. - We understand that Mr. TOMPSON, the butcher, of Market- street, fell off a chair in his own house, yesterday, and instantly expired. Dr. HOSKING was called in, but his services were not required, as the fountain of life had ceased to flow. CJA, 6/438, 08/01/1840. BIRTH. On the 6 th instant, at the residence of the Rev. J. SAUNDERS, Prince street, Mrs. Saunders, of a son, still born. CJA, 6/443, 25/01/1840 FELIX MONAGHAN was put to the bar, on a charge of murdering one of Mr. LANG’S assigned servants, at the Paterson. Mr. MITCHELL had received satisfactory intelligence from the authorities in that district, and in order to give time for the necessary witnesses to arrive, the prisoner was remanded to the Gaol for seven days. The following is the manner in which he was captured, as related to us:- Yesterday week, as the supposed murdered was going up George-street, he was met by constable STENTON , and recognised as being an old chum, and one of his late companions in an iron-gang.