AIH288 - Exploring Australia's Indigenous Pasts: Batman's Treaty

This essay delves into John Batman's Treaty, examining its historical context, formation, and the conditions of Aboriginal people in Australia. It analyzes the treaty's implications on Indigenous rights, land ownership, and the perspectives of both European settlers and the Aboriginal community, including the Wurundjeri elders. The essay discusses the treaty's invalidation, the misconceptions surrounding it, and the impact of colonial actions on the Aboriginal population. It also highlights the conflicting interpretations of the treaty, the fraudulent aspects of the agreement, and the enduring debate over its significance in Australian history. The essay concludes by emphasizing the diminishing rights of Aboriginal individuals and the need for the Australian government to address these issues, while acknowledging the treaty's role in shaping the current Indigenous rights landscape.

Running Head: HISTORY 0
TREATY OF JOHN BATMAN
AUSTRALIA

HISTORY 1
John Batman’s Treaty
In this essay, the discussion will be based on the topic related to John Batman’s treaty deed
was a common consideration within the involvement of Indigenous people. The motive of the
aforesaid discussion is to analyze and represent the conditions of the Aboriginal in Australia,
its reflected history, the formation of the treaty which affected their rights and conditions.
Further, this treaty mutually came up with the existence of the Aboriginal people and the
Batman to have control over the rights related to their land as in a form of benefit.
The Aboriginal people of Australia are belonging to a different background and culture.
These people are also termed as the Indigenous people living across the islands of mainland
Australian groups, Tasmania and also found on the Tiwi Islands1. As such individuals are
descended from the general community so, they are facing several deficiencies in relation to
health and economic while comparing the same with the Australian community.
The Aboriginal Australians are the first people of Australia who have been residing on the
land for almost 50,000 years. There exist two categories of Aboriginal people namely: the
Aboriginal individuals who are in relation with the ones who already resided within Australia
during the initial year of Britain colonizing the Island (during the year of 1788). Furthermore,
the other is the Torres Strait Islander individuals who come from the people holding the
residency of the group of Torres Strait Islands i.e. a bunch of islands which forms in
accordance to today’s modern Queensland, Australia.
John Batman’s Treaty1835 was initiated as an agreement for acquiring of land in Port Philip
alongside of Melbourne. It was created between various people like John Batman who was
known as an Australian grazier, a well-known businessman and a colonizer also including
elders of Wurundjeri. This treaty is in a form of document which is considerable in relevance
1 R. Broome, “Aboriginal Australians: A history since 1788” Allen & Unwin, 2010.

HISTORY 2
to the Europeans who settled their presence and the business regarding the lands of the
Aboriginal dealing immediately with the traditional owners. However, on 26 August 1835,
this treaty was impliedly expressed invalid in accordance with the New South Wales
authoritative Governor.
Formation of the treaty took place on January 1827 through John Batman and Joseph
Gellibrand requested for the acceptance regarding the land situated at Port Philip which was
considered as the inclusive part of New South Wales Colony. Then, by the year 1835
Batman decided to travel to Port Philip in order to investigate the area. It was followed by a
lawyer Gellibrand who produced a piece of writing to assist Batman with all the necessary
information in his entire trip. Batman moved the 23-ton schooner Rebecca from Launceston
to the main part of the country on 10 May 18352. The journey involved master Harwood,
mate Robert Robson, three sailors, and seven Aboriginal men from Parramatta i.e. outside of
Sydney, New South Wales along with three more white men, such as James Gumm, William
Todd and Alexander Thomson. Several investigations were taken place near the landed area
with the help of their dog and other headed individuals. John Batman and its entire team
connected with various Aboriginal individuals by providing them with basic necessities like
blankets, eatables and other useful items in a form of contribution.
The signing of the treaty with the elders of the Aboriginal community had been near to a
bank of a small stream. It has been identified that the location of signing the treaty was
known as the West Bend. All the basic elements of the treaty consisted of the verbal
traditions, the exact description of the signing location, prior markers and ceremonies,
explanations of the landmarks in aspect to the present-day descriptions, etc.
2 A. Heiss, “Growing Up Aboriginal in Australia” Black Inc., 2018.

HISTORY 3
The conflict over this treaty started on 26 August 1835 by Governor Bourke presented an
official statement announcing the outcomes of the treaty to be invalid and against the rights
of the Crown. It was also stated that if any individual exercises on the unoccupied land of the
Crown without the permission of the authority will lead to trespassing. On October 10 1835,
this official statement or the announcement got approved by the Colonial Office. The major
denial behind this treaty was that Batman had personally settled with the Indigenous
individuals while on the other hand, it was not reasonable enough to claim for such type of
lands in Australia3.
It was viewed that the purpose of acquiring the land was for the Federation and not meant for
the Crown. The controversy regarding the sustainability of the treaty has been broadly
considered. All the Aboriginal individuals were unfamiliar with the European system of
understanding property. However, this treaty has been admired because of its aim towards
originating the only official written statement to develop as an agreement form for the
purpose of using the land between the white colonists and the local Aboriginal individuals.
This is the initial and the only recorded treaty where the Europeans in Australia have come up
to settle their existence with the Aboriginals. It is the document which has been a well-known
batman’s treaty but does not justify to be considered as a public law rather it is emphasizing
more on the elements of private law.
The Rigid misconception of Batman’s Treaty was cleared with the highlighted truth that
Batman and his party misguided the Aboriginal people and the false negotiation in terms of
their land. It was revealed that the terms of the agreement were not transparent and was
written in English which resulted in the complication of the language towards such people.
So, this influenced the Aboriginal individuals by placing some marks on a piece of paper and
3 P. Edmonds and M Berry. ‘Eliza Batman’s house: unhomely frontiers and intimate Overstraiters in Van
Diemen’s Land and Port Phillip. In Intimacies of Violence in the Settler Colony’ Palgrave Macmillan, Cham,
2018, 115-137.

HISTORY 4
giving false assurance to them by providing with little value ornaments with having a motive
of dishonestly attaining their high-priced land. In accordance with the study of the twentieth
century regarding the post-colonial Australian Indigenous history which degraded the
conditions of the Aboriginal people while turning them into victims4. It was then recognized
that the Indigenous agency or the community has been misguided by the act of colonialism.
The Aboriginal people were the backward groups which were affected by Batman’s treaty
and possibly were incapable of understanding that what was really going on. Due to the
expensive settlements, the colonial and the imperial governments were very much distressed.
This treaty was finally declared as unreasonable on the basis of the exclusive right of pre-
emption allotted to the Crown5. Such negotiations exercised by the Batman with the
Aboriginal was found to be against the lawful fiction as the land being of terra nullius nature,
so these Aborigines had no rights of ownership amongst them. If such negotiation is further
sanctioned, that will result in the breaking of the laws and illegality of the British settlement
since the year 1788.
The treaty was formed with the consent of both the Batman who had formulated the treaty
and involvement of Aboriginal people of Australia by taking advantage and falsely
acknowledging them with much materialistic stuff with an intention to acquire their native
land. It was determined by various historians that Batman and his treaties are fraudulent in
relation to many approaches and aspects. It is justifying his clear personal motive out of the
Batman’s Port Philip Association and does not lead to any principle conditions that will
benefit the overall continent. Therefore, it was precisely clear and a rising concern that the
Indigenous people did not have the capacity and command on the English language, but
instead, that stated that they wanted to gain control on their lands by fair terms and conditions
4 L. Ryan.’ Billibellary, the Formation of the Native Police Force in the Port Phillip District in 1837 and its
Connection to the Batman Treaty of 1835’ law&history.1,2017,4.
5 J. Molony.’ The Native-born: The First White Australians’ Melbourne University Publish, 2000, p-252.

HISTORY 5
to protect such civilized tribe community. They also conceived the treaties not only by the
manner of appeasing such critics but as a means of conciliating the Kulin for introducing
superior force for effectively taking over their land while the government was still
preoccupied with the questions of legality6.
Many colonists and their descendants having the status of thieves assumed the treaty to be an
uneasy reminder since many years. The radicals have dismissed the dealings and initiatives
done by Batman as a shameful example of ruining self-interest of the colonial. The
Aboriginal people discussed their own perspectives regarding Batman as a very kind and just
man who came forward and with the help of common thoughts with their forebears, the
possession of the property was recognized7. The Australian Aborigine’s Association and the
Aborigines Advancement League challenged themselves for the ongoing campaign that is
emerging with the privileges of the Aboriginals in the year 1930s and 1960s. The intentions
behind the batman’s treaty were seeking to form an Association with possibly holding the
stock with raising more profits.
Today, the meaning and explanation of this treaty are very opposing and disputed. It has been
estimated that the little value trinkets were offered to the Aboriginal people in return for their
land, while some argue that it was a way out to enhance and execute the land rights in favour
of the Aboriginal. Batman’s treaty was considered invalid because of not stating the
meaningful cause or reason behind this treaty. Eventually, this treaty had no such lawful
consequence upon the European settlement of Melbourne and the taking up of the Aboriginal
land.
6 MS. D. Tout-Smith. ’John Batman, Pastoralist & Melbourne(1801-1893)’
https://collections.museumvictoria.com.au/articles/2125, accessed. 15 March 2004.
7 G. Ganitis.’The Stubborn myth of Batman’s Treaty’https://overland.org.au/2019/04/the-stubborn-myth-of-
batmans-treaty/, accessed on 10 April 2019.

HISTORY 6
Thus, it has been evaluated that this treaty has been criticized by many individuals but on the
other hand, has been admired by many people. In this discussion, the rights related to the
Aboriginal individuals have been diminishing along with their cause of suffering on many
grounds. Such rights and conditions are meant to be focused by the Government of Australia.
But this is the only land-use settlement which is validated European occupation of Australia
and the current Indigenous rights of the land8. So, in the end, it was declared that many
members including the Kulin Nation, John Batman and, his treaty indicated regarding the
self-interest, manipulation and, misrepresentation are necessary elements in the colonization
of the country.
8 J. Jantos.’Creating 177 years of controversy, Batman’s treaty to buy Melbourne’s Land from Aboriginal
people was repealed’ https://www.australiangeographic.com.au/blogs/on-this-day/2013/11/on-this-day-
annulment-of-the-batman-treaty/, accessed on 7 November 2013.

HISTORY 7
Bibliography
Broome, R., “Aboriginal Australians: A history since 1788” Allen & Unwin, 2010.
Edmonds, P, and M Berry. ‘Eliza Batman’s house: unhomely frontiers and intimate
Overstraiters in Van Diemen’s Land and Port Phillip. In Intimacies of Violence in the Settler
Colony’ Palgrave Macmillan, Cham, 2018, 115-137.
Ganitis, G.,’The Stubborn myth of Batman’s Treaty’https://overland.org.au/2019/04/the-
stubborn-myth-of-batmans-treaty/, accessed on 10 April 2019.
Heiss, A., “Growing Up Aboriginal in Australia” Black Inc., 2018.
Jantos, J. ’Creating 177 years of controversy, Batman’s treaty to buy Melbourne’s Land from
Aboriginal people was repealed’ https://www.australiangeographic.com.au/blogs/on-this-
day/2013/11/on-this-day-annulment-of-the-batman-treaty/, accessed on 7 November 2013.
Molony, J.’ The Native-born: The First White Australians’ Melbourne University Publish,
2000, p-252.
Ryan, L.,’ Billibellary, the Formation of the Native Police Force in the Port Phillip District
in 1837 and its Connection to the Batman Treaty of 1835’ law&history.1,2017,4.
Tout-Smith, MS. D., ’John Batman, Pastoralist & Melbourne(1801-1893)’
https://collections.museumvictoria.com.au/articles/2125, accessed. 15 March 2004.

HISTORY 8