THE latest salvo in the History Wars was fired by Henry Reynolds in Hobart last night, when he issued a challenge to Tasmanian Premier Paul Lennon to fund an Aboriginal land rights case before the Supreme Court of Tasmania.
On election night on March 18, Lennon singled out Aboriginal reconciliation as a top priority for his government and Reynolds said funding a case would be an important way to honour this pledge.
Reynolds has been the bullseye for a new group of historians, notably Keith Windschuttle in The Fabrication of Aboriginal History and Michael Connor in The Invention of Terra Nullius. He’s also been in the sights of The Australian’s editor David Mitchell and his columnist Christopher Pearson, who have supported the opposing camp. (Reynolds raised guffaws over a reference to Pearson becoming over-excited, a sight which was “not a pleasant prospect.”)
About 100 people turned out on a cold night, forsaking TV coverage of both the mine rescue and the Budget, to hear Reynolds “reporting from the front line” at the University of Tasmania in the Riawunna Lecture Series. Undoubtedly, there will be return fire.
Reynolds argues: firstly, Tasmanian Aboriginal chief Manarlagenna’s direct descendants, of which there are many, could take an action funded by the Lennon Government to recover Crown land because they are known, their genealogies are not questioned and their tribal land is pretty well known. (Manarlagenna was a traditional owner of the territory of the North East tribe).
Secondly, Manarlagenna negotiated with George Augustus Robinson, a Government representative, about going to a settlement on Flinders Island, which is recorded in Robinson’s diaries. Effectively, it was a treaty under which there was no indication that Manarlagenna wouldn’t return to his land or that it wouldn’t be inherited by his descendants.
Thirdly, once a treaty always a treaty, unless formally revoked. Add to this the precedent of North American law, that agreements must be interpreted according to the understanding of the indigenous people of the time. Then add the established principle of the law of inheritance.
Fourthly, the agreement wasn’t honoured by the Government on whose behalf it was carried out by Robinson. Manarlagenna and many others died on Flinders Island and their lands were seized. They were deliberately exiled to Bass Strait, contrary to their agreement; it was not an act of abandonment of traditional land. This was illegal.
They were British subjects and nothing in British law allowed people to be exiled who had not been convicted of a crime.
