Bain Attwood

Across the past fifty or more years, indigenous peoples in Australia, Canada, and New Zealand have increasingly made political and legal claims about sovereignty and land. As this has occurred, numerous scholars in a broad range of disciplines – especially law and history – have tried to explain how these two matters were dealt with by the British empire in the seventeenth, eighteenth, and nineteenth centuries. Often that work has been done in the hope that it will bolster the indigenous peoples’ claims or redeem the settler societies whose legitimacy has been drawn into question because of their unjust treatment of First Peoples.

How violent was the Australian frontier? At the moment, this is the biggest debate in Australian history. As most would know, the question has gained national attention largely through the efforts of Keith Windschuttle who, in four Quadrant articles in 2000 and 2001, argued, among other things, that historians had inflated the numbers of Aborigines killed on the Australian frontier and that the National Museum of Australia’s ‘Contested Frontiers’ exhibit contained factual errors. In December 2001 the National Museum organised a conference that brought together Windschuttle and many of the historians he had criticised. This book results from that conference and provides a useful introduction to the debate.

The name of Yorta Yorta elder William Cooper shines bright in the history of Aboriginal activism in Australia between the two world wars. It is linked with the formation of the Australian Aborigines’ League, of which he was the founding secretary; the Day of Mourning on the anniversary of white settlement in 1938; and a petition intended for George V, signed by almost 2,000 Aboriginal people and demanding Aboriginal representation in parliament. This last was perhaps Cooper’s most cherished project. He spent years gathering signatures and waiting for the most opportune moment to present it; his disappointment at the indifferent response of the Australian government darkened his final years.

Bain Attwood’s Empire and the Making of Native Title is a welcome contribution to the field. Like many good historians of sovereignty and native title in Australia and New Zealand, Attwood stresses the importance of contingency and complexity in the first decades of British settlement on both sides of the Tasman Sea. His early chapters focus on the local and imperial contexts that shaped Crown approaches to Indigenous title in New South Wales, Port Phillip, and South Australia. The rest of the book provides a forensic account of the lead-up to and aftermath of the British assumption of sovereignty in New Zealand, and its shifting ramifications for legal arguments about Māori land title.

This eccentric, laborious book is designed to correct what most of us think about the 1967 Referendum. The popular belief – the authors call it a myth – is that the Australian people then voted to acknowledge citizenship by giving Aborigines the vote, and that this was a Commonwealth thrust towards, crucial, deeper involvement in Aboriginal affairs.