Maria Nugent

This special issue of La Trobe Journal is guest edited by Lynette Russell from Monash University, and John Arnold, the Journal’s new general editor (since No. 82). Titled Indigenous Victorians: Repressed, Resourceful and Respected, it showcases new historical scholarship that draws on the State Library of Victoria’s unrivalled collections. Topics covered in the twelve essays are diverse: Aboriginal guides to the Victorian goldfields, fisheries in western Victoria, cricketers at Coranderrk, Lake Tyers Aboriginal settlement, the Victorian Aboriginal Advancement League, and government legislation relating to Aboriginal Victorians, among others.

There is a term used in archaeology to describe the process of collecting material from the top of the ground as opposed to digging or excavating for it. It’s called ‘surface collection’. I learnt this recently when I read a new book by that name on archaeology and heritage in South-East Asia by the Sydney-based archaeologist Denis Byrne. It was a useful concept to have in mind as I read Writing Heritage: The Depiction of Indigenous Heritage in European–Australian Writings, which overflows with vignettes and descriptions about men (and it was mostly men) who spent their time scouring the Australian landscape’s surface for things made by indigenous people.

Tasmania was named Tasmania, instead of Van Diemen’s Land, because of a need to push the island’s history back as far as possible beyond 1803. The Dutch explorer Abel Janszoon Tasman was usefully iconic partly because he had nothing to do with convicts. But yearning for a distant past, a past cut off from the present, was common among nineteenth-century Europeans. As John Stuart Mill remarked, ‘comparing one’s own age with former ages’ was suddenly an everyday habit. The fact that several generations divided Tasman’s visit from British settlement was almost an advantage.

The new edition of Henry Reynolds’s acclaimed The Law of The Land is described on its front cover as ‘the ground-breaking book about land rights in Australia’, but ‘the heart-breaking book’ would be more apt. Reynolds has updated his classic text by documenting the progress (or otherwise) of native title since the 1992 Mabo High Court decision. It is not a happy story.

In the book’s first edition, published in 1987, Reynolds advanced the argument that native title rights were recognised – but not properly protected –under British common law in the early nineteenth century. On the frontier, where violence ruled, those legal rights were generally disregarded, but, as Reynolds argued, not necessarily explicitly extinguished. The thesis outlined in The Law of the Land is popularly believed to have been influential in the 1992 Mabo judgement, a perception fuelled in part by Reynolds himself. In the postscript to the book’s second edition, published in 1992, soon after the Mabo decision was handed down, he wrote:

[T]he court had clearly absorbed the lessons about Australian history embodied in the new historiography of European-Aboriginal relations that had been written over the previous twenty years. Law and history now coincided in the view that the Aborigines were not dispossessed in an apocalyptic moment in 1788 but in piecemeal fashion over a long period of time.