School of Historical and Philosophical Studies - Theses

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    “A very unfortunate circumstance”: the colonial evolution of defining British sovereignty emanating from murdercases in New South Wales, 1790 –1836
    Chaves, Kelly Kathleen ( 2005-11)
    Governor Arthur Phillip did not magically extend British sovereignty over the continent of Australia when he read his orders to the assembled convicts and members of the military in January 1788. To the international community, this act of declaratory sovereignty claimed Australia for Britain. Gaining practical legal authority over the indigenous population, however, took years and a number of court cases to obtain. The British established their sovereignty over the Australian Aborigines by integrating them into the British legal system. This legal incorporation eventuated in stages. Three important stages were: first in 1790, when the British attempted to punish Aborigines for the murder of white men, secondly in 1827, when the British tried to punish white settlers for the deaths of indigenes, and lastly in 1836 when the British decided to punish indigenes for murders committed amongst themselves. Previous colonial experience influenced British officials’ dealing with the indigenous population of Australia. Many of the colonisers who settled in Australia, Britain’s penultimate colony, had lived in other parts of the British Empire. This prior colonial experience shaped the views and outlooks of legal policy towards the Aborigines.