Negotiating Place in Colonial Darwin Interactions between Aborigines and whites, 1869-1911 Samantha Wells Thesis submitted for the degree of Doctor of Philosophy University of Technology, Sydney 2003 ii Certificate of Authorship/Originality I certify that the work in this thesis has not previously been submitted for a degree except as fully acknowledged within the text. I also certify that the thesis has been written by me. Any help that I have received in my research work and the preparation of the thesis itself has been acknowledged. In addition, I certify that all information sources and literature used are indicated in the thesis. ___________________________________ iii Acknowledgements Firstly, I would like to thank my Principal Supervisors, Dr Heather Goodall for her wisdom and encouragement and Dr Devleena Ghosh for her interest in taking on this project so late in the piece and for her sound advice and comments on drafts of the thesis. Dr Peter Read also provided some useful advice in helping the thesis take shape. Administrative and academic staff and associates of the North Australia Research Unit, ANU provided a stimulating and supporting environment in the initial stages of my research. I would particularly like to acknowledge David Lea, Janet Sincock, Nugget Coombs, Greg Crough, Annie Clarke, Debbie Rose, Darrell Lewis, Nonie Sharp and the NARU librarians, Colleen Pyne and Sally Bailey. The Northern Land Council provided me with an invaluable academic and professional environment as well as access to the administrative and IT facilities which a student studying in a place remote from their parent institution desperately requires. From the Northern Land Council I would specially like to acknowledge with deep gratitude Ben Scambary, Wendy Asche and Penny Creswell. Wendy and Penny worked until late in the night assisting in the printing and binding of this thesis. Staff from the National Archives offices in Darwin and Canberra, the Northern Territory Archives Service, State Records of South Australia, Northern Land Council Library and Northern Territory Library provided me with excellent research services. A National Visiting Scholarship from the Australian National University assisted me in accessing the National Archives in Canberra and the National Library of Australia. Fellow PhD travellers who provided debate, discussion, encouragement and friendship over the years include Sue Jackson, Rebecca Ivers, Rowena Ivers, Jennifer Deger, David Thomas (who generously allowed me to borrow from his library) and Damian Lucas. Apart from being a fellow student, Damian became a great friend during the course of this thesis. His enthusiasm for discussing the nature and use of history continually aroused my passion for history and extended to many useful discussions of this thesis. On numerous occasions it was Damian who provided the ‘pep talks’ when the going got tough. For all this, I offer him my special thanks. I would also like to acknowledge the Larrakia people with whom I have worked over the last decade. While their personal stories do not appear in this thesis in any great measure, they have given me the confidence and provided the incentives to ask the questions I do of their history. My family and friends who maintained their interest, encouragement and practical support throughout the lengthy process deserve a medal. My partner, William Kelly, provided much needed editorial advice on numerous drafts of this thesis as well as posing challenging questions about the material. He never lost confidence in my ability, and supplied enormous amounts of the practical and emotional support required to finish this thesis. The beautiful nature and endless inquisitiveness and energy of our small son, Gabriel, inspired both of us as I worked to finish this thesis. iv Table of Contents pg Abstract v Map of Darwin vi Introduction 1 Chapter One: Claiming and Naming 37 Chapter Two: Exchange and Alliance 72 Chapter Three: Land and Meaning 103 Chapter Four: Inclusion and Exclusion 145 Chapter Five: Reserves and Rations 191 Chapter Six: Legislation and Segregation 232 Conclusion 277 Appendix One: Instructions issued to the Protector of Aborigines 287 Bibliography 289 v Abstract This thesis draws on the documentary historical record to examine the interactions between the indigenous Larrakia people and the white settlers in the colonial township of Darwin between the years 1869 and 1911. The colonial recognition of the Larrakia as the traditional owners of lands in the Darwin region and the historical question of their land rights is discussed in some detail. Rather than seeing interactions between the Larrakia and the colonisers as polarised into either accommodation or resistance, this thesis looks at various interactions to highlight the complexities of the encounter. One of the more complex of their interactions was the negotiation of what is best described as an abstruse alliance which benefited both the Larrakia and the colonisers in various ways. The colonisation of the Darwin region had a considerable impact on the Larrakia people’s ability to live on their country as they had done prior to the invasion. This thesis seeks to understand the negotiations, compromises and decisions the Larrakia made to survive in their changing landscape. Another complexity that is highlighted in this thesis is the tension within the white settler population about how to deal with what was presented as the ‘Aboriginal problem’. This thesis shows that the ideology of compensating Aboriginal people for having invaded their land and undermining their means of subsistence was understood and condoned by the colonisers. The distribution of government rations, the allocation of reserves and the ongoing recognition of the Larrakia’s right to be within the township were all ways that some colonisers attempted to compensate Aborigines for invading their land. This thesis shows that while the Larrakia people were recognised as the prior occupants of Darwin and, as such, accorded a distinct status within the township in the whole period under study, the colonisers ultimately failed to give tangible expression to the Larrakia’s land rights. vi 1 Introduction In 1997 the Independent Member for Nelson, Noel Padgham-Purich, told the Northern Territory parliament that she could think of a ‘good way of disposing’ of the recent Aboriginal native title claim over the Micket Creek rifle range, however it would not be legal.1 The rifle range and other lands in and around Darwin, the capital city of the Northern Territory, had recently become the subject of native title applications by the Larrakia people. Padgham-Purich was not the only person alluding to violent recourse as a solution to the claim. The administrative body responsible for lodging the native title applications received hate-mail in regard to the Larrakia claims. One letter included a newspaper photograph of the Larrakia claimants signing the native title application – modified by the drawing of bullet holes in their foreheads.2 The Northern Territory’s then Chief Minister, Shane Stone, described the Larrakia claim as the largest in Australia and the ‘first over a capital city’ and warned that it ‘could cost taxpayers millions of dollars of compensation’ and result in delays to development. Also, the Government ‘elected by Territorians’ would no longer be the ‘protector’ of the beaches, parks and reserves that were included in the claim. Stone declared that these public areas belonged to ‘all Territorians’ and should not be ‘held to ransom by a few’.3 While purporting not to be talking specifically about the Larrakia claim the Prime Minister of Australia, John Howard, voiced his concern that claims ‘having an apparent ambit character, particularly when they are made over areas which are part of large cities and large population concentrations’ were in danger of ‘undermining, rather than enforcing, the reconciliation process’ as well as ‘encouraging those in the community who would denigrate and destroy the native title process’.4 To which the then Aboriginal Social 1 Northern Territory Parliamentary Debates, 24 April 1997. 2 Personal Communication with Ben Scambary, Native Title Unit, Northern Land Council. 3 Northern Territory News (hereafter NT News), 16 December 1996. This was despite assurances by the Larrakia that the public would continue to have access to parks, beaches and reserves and that houses and businesses were ‘safe’. While the Larrakia ‘reserved the right to look after our sacred sites, hunting areas and the environment’ they were not anti-development and supported development agreements where negotiations were ‘approached in good faith, with everyone’s rights respected’ (NT News, 4 December 1996). It was also in spite of the NT Government’s own passage of the Validation of Titles and Actions Act, 1994 which contained a section confirming the ‘existing public access to and enjoyment of the following places: waterways; beds and banks of foreshores; coastal waters; beaches; and areas that were public places at the end of 31 December 1993’. In addition, the Native Title Act stipulates that the Commonwealth, a State or Territory can confirm any existing public access to and enjoyment of such areas. 4 Howard was responding to a question from the Member for the Northern Territory, Nick Dondas, regarding the Commonwealth government’s view on the Larrakia claim and its impact on the 2 Justice Commissioner, Mick Dodson, responded, ‘How dare a Prime Minister of Australia say Aboriginal people are hurting reconciliation simply by exercising their rights?’5 Land in Darwin at the turn of the twentieth century is obviously contested space. This thesis is interested in the historical context of this contested space in the colonial township of Palmerston (now known as Darwin) during the period between 1869 and 1911.6 The earlier date marks the surveying and settlement of lands on the Darwin peninsular and hinterland by the South Australian government which had acquired the Northern Territory in 1863. 1911 is the year that the South Australian Government relinquished control of the Northern Territory to the Commonwealth Government.