Thursday, June 06, 2013

BATMANS TREATY 6th June 1835

John Batman's Treaty was a deal done with gentleman in a gentlemanly manner. This is clearly the point where the English over stepped their mark and it is a clear case of corrupt law brought down upon the people of this land.
I would seek that the Court of Australia now seek to recognise John Batman's Treaty and compensate the people for the loss of their culture and of their ancestors in such a corrupt and unjust manner. The crown should be made accountable for this.

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On 6 June 1835 John Batman met with eight elders of the Wurundjeri people including Bebejan and Billibellary, the traditional owners of the lands around the Yarra River.

The meeting took place on the bank of a small stream, likely to be the Merri Creek and treaty documents were signed along with exchanges of goods by both sides.  For a purchase price including tomahawks, knives, scissors, flannel jackets, red shirts and a yearly tribute of similar items, Batman obtained about 200,000 hectares (2,000 square km) around the Yarra River and Corio Bay.

The total value of the goods has been estimated at about GBP100 in the value of the day. In return the Woiwurrung offered woven baskets of examples of their weaponry and two Possum-skin cloaks, a highly treasured item.

After the treaty signing, a celebration took place with the Parramatta aborigines with Batman's party dancing a corroboree. 

The Treaty

The treaty was significant as it was the first and only documented time when European settlers negotiated their presence and occupation of aboriginal lands. 

The Theft

The Treaty was immediately repudiated by the colonial government in Sydney.

The 1835 proclamation by Governor Richard Bourke implemented the doctrine of "terra nullius" upon which British settlement was based, reinforcing the concept that there was no land owner prior to British possession and that Aboriginal people could not sell or assign the land, and individuals could only acquire it through distribution by the Crown.


COPY OF TREATY
KNOW ALL PERSONS that we three Brothers Jagajaga, Jagajaga, Jagajaga, and also Cooloolock Bungarie, Yanyan, Moowhip and Mommarmalar being the Principal Chiefs of a certain Native Tribe called Dutigallar, situate and near Port Phillip, called by us. The above mentioned Chiefs Iramoo being possessed of the Tract of Land hereinafter mentioned, for and in consideration of Twenty pair of Blankets, Thirty Tomahawks, One Hundred Knives, Fifty pair of Scissors, Thirty Looking Glasses, Two Hundred Handkercheifs, One Hundred Pounds of flour and Six Shorts delivered to us by John Batman residing in Van Dieman's Land Esquire but at present sojourning with us and our Tribe Do for ourselves our Heirs and Successors Give Grant Enfeoff and confirm unto the said John Batman his heirs and assigns All that tract of country situate and being at Port Phillip, running from the branch of the river at the top of the port about 7 miles from the mouth of the river, forty miles North East and from thence - West. Forty miles across Iramoo Downs or Plains and from thence south south west across Mount Vilanmarnartar to Geelong harbour at the head of the same and containing about 500,000 acres more or less as the same hath been before the execution of these presents delineated and marked out by us according to the custom of our tribe by certain marks made upon the trees growing along the boundaries of the said tract of land to hold the said tract of land with all advantages belonging thereto unto and to the Use of the said John Batman his heirs and Assigns for ever To the intent that the said John Batman his heirs and assigns may occupy and possess the said tract of land and place thereon Sheep and Cattle Yielding and delivering to us and our heirs or successors the yearly rent or Tribute of one hundred pair of Blankets one Hundred Knives one Hundred Tomahawks Fifty suits of clothing Fifty looking glasses Fifty pair of scissors and Five Tons of flour. In witness whereof we Jagajaga, Jagajaga, Jagajaga the above-mentioned Principal Chiefs and Cooloolock, Bungarie, Yanyan, Moowhip and Mommarmalar the chiefs of the said tribe have hereunto affixed our seals to these presents and have signed the same. Dated according to the Christian Era this 6th day of June One thousand Eight hundred and thirty five.
Signed Sealed and Delivered in the presence of Us the same having been fully and properly interpreted and explained to the said Chiefs
James Gumm
Alexander Thompson
Willm Todd

Signed on the Banks of Batman's Creek
6th June 1835

Jagajaga his Mark
Jagajaga his Mark
Jagajaga his Mark
Cooloolock his Mark
Bungarie his Mark
Yanyan his Mark
Moowhip his Mark
Mommarmalar his Mark
John Batman

Images @ Eminpee Fotography
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