Provenance 2009
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Provenance 2009 Issue 8, 2009 ISSN: 1832-2522 Index About Provenance 2 Editorial 4 Refereed articles 5 Dr Peter Yule Searching for WL Baillieu at Public Record Office Victoria 6 Anna Kyi ‘The most determined, sustained diggers’ resistance campaign’: Chinese protests against the Victorian Government’s anti-Chinese legislation 1855-1862 16 Dr Fred Cahir and Dr Ian D Clark The case of Peter Mungett: Born out of the allegiance of the Queen, belonging to a sovereign and independent tribe of Ballan 29 Dr Frances Thiele Superintendent La Trobe and the amenability of Aboriginal people to British law 1839-1846 46 Forum articles 57 Anna Kyi Finding the Chinese perspective: Locating Chinese petitions against anti-Chinese legislation during the mid to late 1850s 58 Ken James The surveying career of William Swan Urquhart, 1845-1864 64 Marilyn Kenny and Anne Herdman Martin The black sheep: Robert Herdman of Paisley, Scotland and Australia 74 Louise Blake ‘Woods Point is my dwelling place …’: Interpreting a family heirloom 80 Dr Liz Rushen Nichola Cooke: Port Phillip District’s first headmistress 88 Dr Helen Dehn The Royal Oak Hotel, corner of South and Raglan streets, Ballarat 96 Dr Madonna Grehan ‘A most difficult and protracted labour case’: Midwives, medical men, and coronial investigations into maternal deaths in nineteenth-century Victoria 106 1 About Provenance The journal of Public Record Office Victoria Provenance is a free journal published online by Editorial Board Public Record Office Victoria. The journal features peer- reviewed articles, as well as other written contributions, The editorial board includes representatives of: that contain research drawing on records in the state • Public Record Office Victoria access services; archives holdings. • the peak bodies of PROV’s major user and stakeholder Provenance is available online at www.prov.vic.gov.au groups; The purpose of Provenance is to foster access to PROV’s • and the archives, records and information archival holdings and broaden its relevance to the wider management professions. Victorian community. An editor is appointed to the board to co-ordinate The records held by PROV contain a wealth of production of the journal and the activities of the information regarding Victorian people, places, editorial board. All board members are appointed to communities, events, policies, institutions, the board by the PROV Director and Keeper of Public infrastructure, governance, and law. Provenance Records for a period of two years. provides a forum for scholarly publication drawing on the full diversity of these records. Assessment of submitted articles Assessment of all submitted articles is overseen by Contact the Editor the editor in consultation with the editorial board. All Please direct any queries, comments and submissions articles intended for the peer-reviewed section of the regarding Provenance to the editor, who can be journal undergo double-blind peer review by at least contacted by email at [email protected] two referees with expertise relevant to the submitted or by telephone on (03) 9348 5600, or post to: article. The editorial board also makes recommendations regarding the publication of informal articles in The Editor, Provenance the Forum Section. For guidelines and information Public Record Office Victoria for authors interested in submitting an article to PO Box 2100 Provenance, see the Author Guidelines. North Melbourne Victoria 3051 Australia Available at www.prov.vic.gov.au/explore-collection/ provenance-journal/author-guidelines Provenance journal publishes peer-reviewed articles, as well as other written contributions, that contain research drawing on records in PROV’s holdings. Open access policy Provenance is an Open Access journal which means that all content is freely available without charge to the user or his/her institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author. This is in accordance with the Budapest Open Access Initiative (BOAI) definition of Open Access. 2 Archiving of journal Provenance is archived regularly in PANDORA, Australia’s Web Archive, which is a growing collection of Australian online publications, established initially by the National Library of Australia in 1996, and now built in collaboration with nine other Australian libraries and cultural collecting organisations. The name, PANDORA, is an acronym that encapsulates the web archive’s mission: Preserving and Accessing Networked Documentary Resources of Australia. Since 2015, the journal has been aggregated and indexed as full text on the Informit Humanities and Social Science database. Copyright The authors who contribute to Provenance must clear any copyright for material and images in their articles before their articles are published. It is the responsibility of the author to supply copies of images or other material that will be published in the article. Copyright in each article remains with the author of the relevant article. Authors have the right to publish their articles elsewhere subject to acknowledgment of prior publication in Provenance. Users of the Provenance website may have rights to reproduce material from this site under provisions of the Commonwealth of Australia’s Copyright Act 1968. In addition to any such rights, unless there is a statement to the contrary, the author of each article has given permission for physical or electronic copies of the text and graphics in that article to be made for classroom or research use, provided: • Copies are distributed at or below cost; • The author and Provenance are attributed on each copy; • Notice of relevant copyright ownership is attached to each copy; and • The Editor, Provenance, is notified of the use within one calendar month of use. 3 Editorial Provenance 2009 The 2009 issue of Provenance features two articles coronial inquiry into the death of Mrs Margaret Bardon relating to the early years of Port Phillip and Victoria, which examines the care of women during childbirth both of which discuss the jurisdiction of British in nineteenth-century Victoria. Liz Rushen in ‘Nichola law to the Aboriginal people already living there. In Cooke: Port Phillip District’s First Headmistress’, tells the ‘Superintendent La Trobe and the amenability of story of well-connected governess Nichola Anne Cooke, Aboriginal People to British law 1839-1846’ Frances who established Melbourne’s first ladies’ seminary Thiele examines Charles Joseph La Trobe’s efforts to in 1838 and participated in the development of early bring reason and order to the legal status of Aboriginal Melbourne. Louise Blake takes us on a journey of people in the Port Phillip District, while Fred Cahir and rediscovery in ‘”Woods Point is my dwelling place …”: Ian D Clark in ‘The case of Peter Mungett: Born out of Interpreting a family heirloom’, revisiting her own family’s the allegiance of the Queen, belonging to a sovereign history by weaving information available in public and independent tribe of Ballan’, explore the issue of records with a reading of the scrapbook created by her the jurisdiction of the British colonial criminal law over great-grandmother Margaret Knopp. Marilyn Kenny and Indigenous Australians through the 1860 case files of Anne Martin in ‘The Black Sheep: Robert Herdman of Regina v Peter, involving a Marpeang buluk clansman of Paisley, Scotland and Australia’, trace the life of Robert the Wathawurrung language group. Herdman by researching records held by descendents, PROV, and other sources both in Australia and overseas. This year’s issue also features two contributions from Anna Kyi presenting research into Chinese petitions Ken James in ‘The Surveying Career of William Swan held in the PROV collection and elsewhere. In ‘”The Urquhart, 1845-1864’, follows the life and work of one of most determined, sustained diggers’ resistance Victoria’s early surveyors through correspondence and campaign”: Chinese protests against the Victorian hand-drawn maps held at PROV, and Helen Dehn in ‘The Government’s anti-Chinese legislation, 1855-1862′, Royal Oak Hotel, corner of South and Raglan Streets, the Chinese protests against unjust taxation during the Ballarat’, recounts part of Ballarat’s colourful social gold rushes emerge from the numerous petitions that history through records relating to one of its busiest and Victorian Chinese communities authored during this well-loved hotels. period with the aim of swaying government policy. In her accompanying forum article ‘Finding the Chinese Sebastian Gurciullo Perspective: Locating Chinese Petitions Against Anti- Editor Chinese Legislation During the Mid to Late 1850s’, Kyi provides potential researchers with an inventory of petitions authored by Chinese Victorians and details of where these may be accessed, whether in public records or in publications. In the wake of the recent global market meltdown, Peter Yule in his article ‘Searching for WL Baillieu at Public Record Office Victoria’ provides a timely account of one of Victoria’s major entrepreneurs, utilising a wide variety of PROV records to shed light on many previously unknown or misinterpreted aspects of the life and work of William Lawrence Baillieu, founder of the Baillieu family’s fortunes. Madonna Grehan in ‘”A most difficult and protracted labour case”: Midwives, medical men, and coronial investigations into maternal deaths in nineteenth- century Victoria’, features a case study of the 1869 4 Refereed articles 5 Searching for WL Baillieu at Public Record Office Victoria Dr Peter Yule ‘Searching for WL Baillieu at Public Record Office Victoria’, Provenance: The Journal of Public Record Office Victoria, issue no. 8, 2009. ISSN 1832-2522. Copyright © Peter Yule. This is a peer reviewed article. Dr Peter Yule is a Research Fellow of the History Department of the University of Melbourne. He has written widely on Australian economic, social and military history and Western District local history, with his recent books including Ian Potter: Financier, Philanthropist and Patron of the Arts, and Steel, Spies and Spin: the Collins Class Submarine Story.