Batman Treaty

In 2001 “Southern Invasion, Northern Conquest – Story of the founding of Melbourne was published. Since then, additional information has come to hand which adds to, or amends parts of the narrative and this series of articles brings the story up to date. The first of these dealt with Batman’s journey in the Melbourne region in June 1835, and this article further examines the question of the treaty site. The references in square brackets indicate the relevant pages of “Southern Invasion…” for further reading: the other references are in round brackets.

Introduction

On 6th June 1835, as a prelude to white settlement, John Batman negotiated treaties with the Wurrundjeri chieftains for the purchase of 600,000 acres of “their” land. His diary tells us that the negotiations took place along side “a beautiful stream of water’ which he named “Batman’s Creek”. He added that the stream was where “my land commences and is marked four ways to know the corner boundary.” [155].

As was shown in the first article, Batman’s work load was so onerous and his survey equipment so meagre, that we cannot expect his diary to provide any more than vague clues as to the location of the negotiations. Furthermore, Wedge’s map of his journey was deliberately falsified to make it appear that Batman had walked the boundaries of the treaty land in keeping with the wording already written into the treaty documents. [50]

However, Wedge also inserted in his map a diagram showing a stream called “Lucy’s Rivulet” near the north east corner of the treaty land which could easily be taken as the stream where Batman’s land commences near the corner of his land.

It is therefore impossible to correctly determine the treaty site from those two sources alone, so it is necessary to use other independent evidences to do so. This comprises:

 What the original pioneer settlers knew to be the site. ie the “Traditional view.”  The folk lore passed through later generations and how this was commemorated with monuments, plaques and the like.  The Aboriginal version of what transpired.

The Traditional View

During the first 50 years or so of white settlement, it was taken for granted that West Bend at Rushall was the treaty site. The early pioneers were in contact with members of the Batman party and Aborigines who were at the negotiations and they could have pointed out, or otherwise indicated, where the treaty site was located. Then by word of mouth the message would have spread throughout the community so the need for recording it was hardly necessary. So very few recorded references survive to this day.

Fawkner’s frequent references and GW Rusden’s history provide clues as to the general area where the treaties were negotiated [44]. However, the oil painted by John Wesley Burtt in 1857 (1) and his brochure and the key sketches he added in the 1880s provide conclusive evidence as to the site. [43-44, 197]. His painting is more photographic rather than artistic in that his stated aim was to create a faithful portrayal of the treaty scene and the characters involved. In order to do so he consulted early pioneers and lived for a time with the Aborigines before starting to paint. (1.) However, by the time he produced his brochure 30 years later only four survivors were available who were able to provide testimony to the accuracy of his portrayal. These testimonies provide powerful evidence to settle the questions which have puzzled historians right up to the present day, and it is strange that it has taken so long for them to emerge.

“Southern Invasion…” dealt with the painting and one lithograph sketch which identified the people involved and certain landscape features. [43]. In 2006 a similar “sketch” was discovered etched into a wooden slab. The narratives accompanying both sketches are the same but presented differently. Both refer to Batman’s dirary which “is now in the Melbourne Public Library” and this dates the sketches as being made some time after 1882. About the same time Burtts painting was offered for sale (for 250 Guinies) “at Mr Wise’s rooms 317 Collins St. Melbourne”. A detailed brochure was produced for the occasion in which the testimonies of the four surviving pioneer settlers testified to the accuracy of Burtt’s portrayal. (3).

Robert Russell, surveyor:– “I have no hesitation in saying that… it is remarkable for the truthful character of the landscape and the general appearance and peculiarities of the natives.”

T. D. Weatherly, baker:– “I knew John Batman both then and previously in Tasmania. The portrait figure of him is an excellent likeness”… and James Gumm “as true a photograph could make of it.”

Duncan McNabb, butcher:– “The chief Jaga Jaga with whom I was intimately acquainted with because he and his son were in my employ. I consider you have succeeded in making a very good likeness of him.”

Robert Frost, School of Design: — “I knew John Batman well and also William Todd, James Gumm and Alexander Thompson and I consider the figures of these to be faithful portraits.”

As is the case with the key sketches, the brochure refers to Batman’s diary being in the Melbourne Public Library and it also contains quotes from Bonwick’s “Port Phillip Settlement” published in 1883 in London. So the sketches and brochure were produced about the same time ie. about 30 years after the painting. (4.)

About that time the “Marvellous Melbourne” era was approaching its zenith. Arguably, no other city in the world had progressed as rapidly in its first 50 years as Melbourne had done. [10]. Melbourne was nearing its 50 year Jubilee, and Australia its Centenary so there was renewed interest in our history. But perhaps the key feature to consider is the publishing in 1885 of James Blackburn’s treatise which challenged the “Traditional View” championed by Burtt by asserting that the treaty site was on the Plenty River near Eltham. [43]. It takes time to develop such a theory and even longer to reach the publishing stage, so the challenge was probably starting to emerge in the early 1880s or even late 1870s, and Burtt’s aim was to reassert the Traditional View.

However the premise on which Blackburn based his theory took hold even though in 1836 Gellibrand had been the first white settler to explore that region and discovered and names the Plenty River (5). On the other hand Burtt’s powerful testimonies faded into obscurity and have escaped the notice of historians even to the present day.

The White Settler’s Folk Lore

(a). The plaque on the banks of the Merri Creek [201].

Over the years a variety of reports told of a plaque having been mounted on a low concrete plinth in the backyard of one of the residents to show the correct location of the treaty site and of the endeavours of the Northcote Council to locate it. [201]. In 2006 the Darebin Council while clearing the northern banks of the Merri Creek, unearthed a small concrete plinth with four bolts near its corners at a location which fits in with other evidence sufficient to show that this was the missing base for the original plaque. However, there was no sign of the plaque itself. The plinth is situated a little over a metre beyond the back of the property which was originally “Terracedale” at 5 McLachlan Street. In 1921 the owner of Terracedale, Mrs George Alexander, applied to and was given permission by the Northcote Council to move part of her back fence inwards by 10 feet. The concrete plinth is located on the narrow slice of land which she sacrificed. Obviously her intention was to have the plaque on public property along the Merri Creek. (6).

(b). The Batman statue [198-201]
In “Southern Invasion…” it claimed that the statue which was originally in the gardens at Terracedale was of John Batman. In was in fact of a Greek goddess. Nevertheless, Mr John Dennis of Ocean Grove who was a regular visitor at Terracedale in his youth confirms that Batman’s statue was mounted on an elevated base on the banks of the Merri Creek immediately south of Terracedale. It was at risk of being washed away in times of flood and permission was given for the Fitzroy council to take it away.

(c). Other
There is nothing to add to the story of the Batman tree with Aboriginal markings on it, and the deep rock well as given in “Southern Invasion…” [200-201.]

The Aboriginal View

Mr Ian Hunter, an elder of the Wurrundjeri tribe and descendant of Barak who was present at the treaty negotiations, remembers his grandmother referring to the plaque and taking his elder brother to see it. She told them that it marked the place where the whites made first contact with her people. (7).
The case presented in “Southern Invasion…” and this paper is based on the premise that Batman’s diary is insufficient to establish the treaty site, that Wedge’s maps produced at the behest of the Port Phillip Associan’s leaders were intended to mislead rather than edify. Therefore it has been necessary to develop its case on independent evidence especially the knowledge gained by the early pioneer settlers supported by the folk lores handed down from generation to generation by white settlers and Aborigines. If the resultant case is compatible with Batman’s diary and reports it should be accepted and Wedge’s maps modified accordingly. Unfortunately Blackburn’s questioning of the traditional view opened the way for scholars to use their imagination to fill the gaps when relying solely on Batman’s diary and reports, together with Wedge’s deliberately falsified maps. This has continued to the present day and we are confronted with a host of different opinions as to where the treaties were negotiated. As a result some leading historians attach the label “controversial” to the study of our earliest history. Such should not be the case.

Sources

• Letter Chief Librarian to B. Worlsey PL32/1780.
• Australians – An Historical Dictionary”, ed. Joan Kerr Vo. 8 1985 pp. 325,329
• Commonwealth Parliamentary Library Petherick Collection
• On the key sketches JW Burtt stated “This information (from Batman’s diary) was supplemented by particulars furnished by the few pioneers still living, including verbal description of Batman’s likeness and of the other principal figures.”
• Letters from Victorian Pioneers ed. TF Bride p.27
• Survey Application 4306/233
• ABC National Radio Hindsight program 17 December 2006

Rex Harcourt January 2008