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By examining the relationship between international law and empire from early modernity to the present, this volume improves current understandings of the way international legal institutions, practices, and narratives have shaped imperial ideas about and structures of world governance.
Protecting the Empire's Humanity lays bare the contradictions of mid-nineteenth-century imperial Britain and the fatal flaws in imperial 'humanitarianism'.
Challenging myths about a peaceful west and prairie exceptionalism, the book explores the substance of prairie legal history and the degree to which the region's mentality is rooted in the historical experience of distinctive prairie peoples. The ways in which prairie peoples perceived themselves and their relationships to a wider world were directly framed by notions of law and legal remedy shaped by the course and themes of prairie history. Legal history is not just about black letter law. It is also deeply concerned with the ways in which people affect and are affected by the law in their daily lives. By examining how central and important the law has been to individuals, communities, and societies in the Canadian Prairies, this book makes an original contribution.
Sounding 1: BEFORE 1840 The notes, journals and characters of Aboriginal Protectors William Thomas and his Chief George Robinson form the backbone of this compilation. With this ethnographic material we learn something of the Kulin worldview into this mostly white-fella history. Sounding 1: Before 1840 describes the initial British and European experiences, events, observations, intentions, self-serving judgements, ignorance, naivete, treachery and so on when they found Oz and proclaimed the continent theirs by the now obvious fiction of terra nullius – Latin legalese for ‘land belonging to no people’. The reader may enjoy separating the grains of truth from the chaff propaganda of Empire capitalism or racist / sectarian Christian bible dogma that was the self-serving mindset of the white land-takers. Batman and Fawkner’s land-hunting deals with local koori’s along with the re-emergence of the remarkable wild white castaway Buckley made their mark on the first settlement at Melbourne. The focus widens in 1836 with Surveyor-General Major Mitchell’s and his Wuradjuri guides ‘conquering the interior’ from the Murray near Mildura to the Western District at Portland and then back north-east across the state to the Murray upstream at Albury. His wheel tracks opened up Victoria from the north. First contact race interactions at Port Phillip and the notion of cultural-coexistence during the first five years leads to the role of ‘successful battler’ and publican Fawkner in the colonial invasion process from Kulin country to sheep-run to city. Sounding 1 then winds up with Melbourne’s first executions and descriptions of Port Phillip as the money melting pot forming the Melbourne hub of world capitalism. Twentieth century academic studies now identify native religion, language zones, tribal locations and clan heads at the time of dispossession by pirate capitalism. In describing the Australian land-rush the chapter echoes oscillate between history, sociology, race theory, trade and class wars, whaling and sealing, imperialism and the monopoly East India Company army mates all pitted against the ‘vanishing race’ of hunter-gathering ‘savages’. The dispossession was virtually complete in Victoria before the 1850’s gold rushes transformed the sheep-runs into banker’s dividend wealth for the ‘winners’. Sounding 2: DISPOSSESSION AT MELBOURNE: Sounding 2 unfolds gently with a wistful early Melbourne memoir involving Batman’s lost lawyer Gellibrand in 1836 but then we confront the frontier ‘kill or be killed’ point of necessity. The violent life, times and fate of mass murderer Fred Taylor who was first employed as overseer for banker Swanston’s Bellarine peninsula land-grab sets the local dispossession tone. Taylor’s repeated atrocities today exposes a credibility gap in Oz – between civilized progress and slaughter, that now looms over all else in Victoria’s birth as an independent state in 1851. The winter of 1837 saw the first violent death of a white squatter and his servant by ‘savage natives’ north-west of Williamstown at Mt Cotterell. Town leaders such as Fawkner and ‘police chief’ Henry Batman formed a posse that also included clan heads from both the Melbourne and Geelong tribal areas. Buckley refused to take part in the vigilante party and its punitive actions belied the humanitarian standards expressed in Batman’s treaty deed. This revenge slaughter and destruction of ‘villages’ by the white invaders forced the Sydney government to investigate and so began administering ‘law and order’ at Port Phillip. By 1838 Sydney trumped Batman’s land-grab and the penal government of NSW on the one hand executing eight ‘whites’ for killing what the newspapers called ‘savages’, while on the other hand providing sufficient speedy cavalry to tackle black resistance in Victoria at places such as west of Colac and near Benalla after the Faithfull massacre. The arrival in 1839 of first governor La Trobe and the Aboriginal Protectorate plan then unfolds the development of town civic structures while tribal life disintegrates. Government and private measures to ‘tame the naked Melbourne natives’ culminated with the dawn Merri Creek round-up in October 1840 of hundreds of Kulins by Major Lettsom’s redcoats and townsmen. This appears as the death blow to tribal life, and with the first shiploads of migrating British colonists arriving in 1841, near genocide for the Kulin, Mara, Kurnai and Murray River first-peoples.
Many missionary societies established mission schools in the nineteenth century in the British Empire as a means to convert non-Europeans to Christianity. Although the details, differed in various colonial contexts, the driving ideology behind mission schools was that Christian morality was highest form of civilisation needed for non-Europeans to be useful members of colonies under British rule. This comprehensive survey of multi-colonial sites over the long time span clearly describes the missionary paradox that to draw in pupils they needed to provide secular education, but that secular education was seen to lead both to a moral crisis and to anti-British sentiments.
At last a history that explains how indigenous dispossession and survival underlay and shaped the birth of Australian democracy. The legacy of seizing a continent and alternately destroying and governing its original people shaped how white Australians came to see themselves as independent citizens. It also shows how shifting wider imperial and colonial politics influenced the treatment of indigenous Australians, and how indigenous people began to engage in their own ways with these new political institutions. It is, essentially, a bringing together of two histories that have hitherto been told separately: one concerns the arrival of early democracy in the Australian colonies, as white settlers moved from the shame and restrictions of the penal era to a new and freer society with their own institutions of government; the other is the tragedy of indigenous dispossession and displacement, with its frontier violence, poverty, disease and enforced regimes of mission life.
A Christian imagination of colonial discovery permeated the early modern world, but legal histories developed in very different ways depending on imperial jurisdictions. Indigenous Rights and the Legacies of the Bible: From Moses to Mabo explores the contradictions and ironies that emerged in the interactions between biblical warrants and colonial theories of Indigenous natural rights. The early debates in the Americas mutated in the British colonies with a range of different outcomes after the American Revolution, and tracking the history of biblical interpretation provides an illuminating pathway through these historical complexities. A ground-breaking legal judgment in the High Court of Australia, Mabo v. Queensland (1992), demonstrates the enduring legacies of debates over the previous five centuries. The case reveals that the Australian colonies are the only jurisdiction of the English common law tradition within which no treaties were made with the First Nations. Instead, there is a peculiar development of terra nullius ideology, which can be traced back to the historic influences of the book of Genesis in Puritan thought in the seventeenth century. Having identified both similarities and differences between various colonial arguments, and their overt dependence on early modern theological reasoning, Mark G. Brett examines the paradoxical permutations of imperial and anti-imperial motifs in the biblical texts themselves. Concepts of rights shifted over the centuries from theological to secular frameworks, and more recently, from anthropocentric assumptions to ecologically embedded concepts of Indigenous rights and responsibilities. Bearing in mind the differences between ancient and modern notions of indigeneity, a fresh understanding of this history proves timely as settler colonial states reflect on the implications of the United Nations Declaration on the Rights of Indigenous Peoples (2007). Brett's illuminating insights in this detailed study are particularly relevant for the four states which initially voted against the Declaration: the USA, Canada, New Zealand, and Australia.
Indigeneity is inseparable from empire, and the way empire responds to the Indigenous presence is a key historical factor in shaping the flow of imperial history. This book is about the consequences of the encounter in the early nineteenth century between the British imperial presence and the First Peoples of what were to become Australia and New Zealand. However, the shape of social relations between Indigenous peoples and the forces of empire does not remain constant over time. The book tracks how the creation of empire in this part of the world possessed long-lasting legacies both for the settler colonies that emerged and for the wider history of British imperial culture.