The Times Australia
The Times World News

.
The Times Real Estate

.

how a colonial judge and poet wrote terra nullius into law

  • Written by Sarah-Jane (SJ) Burton, Research Fellow, School of Literature, Languages and Linguistics, Australian National University
how a colonial judge and poet wrote terra nullius into law

Governor Richard Bourke’s written proclamation of terra nullius was made on October 10, 1835. The original document now resides in the National Archives of the United Kingdom.

The proclamation was enacted to invalidate the treaty struck between John Batman and the Wurundjeri and Woi Wurrung people, who owned the land on which Melbourne now stands. Though the term “terra nullius” does not appear anywhere in its two pages, its claim of ownership over the entire continent would become the legal justification for the dispossession and inhumane treatment of First Nations people in Australia.

Review: Barron Field in New South Wales: The Poetics of Terra Nullius – Thomas H. Ford and Justin Clemens (Melbourne University Publishing)

Most Australians are familiar with the concept of terra nullius as a legal fiction that was overturned in the High Court of Australia’s Mabo decision of 1992. But the circumstances around its beginnings are often forgotten.

In Barron Field in New South Wales: The Poetics of Terra Nullius[1], Thomas H. Ford and Justin Clemens invite us into a mostly unknown part of Australia’s legal and literary history in a way that rejuvenates the debate around the terra nullius proclamation and how it came to be.

Governor Richard Bourke c.1835.

We are introduced, in detail, to a pivotal figure in the colonial settlement of New South Wales and the history of the country more broadly. Ford and Clemens examine the career of Barron Field[2] (1786-1846), the first Judge of the Supreme Court of Civil Judicature in New South Wales, who served as the highest legal authority in the colony from 1817 to 1824.

Field had established the legal precedent for terra nullius prior to Governor Bourke’s 1835 proclamation. In 1819, when he was asked to decide whether Governor Lachlan Macquarie had authority to impose taxes in the colony, he handed down a ruling that wrote the concept into the laws of the colony.

Ford and Clemens track Field’s career, in which he also made contributions to scientific research, particularly within the field of botany, and became the founder and president of Australia’s first bank, the Bank of New South Wales. Most importantly, they examine Field’s decision-making process leading up to the establishment of terra nullius as a legal principle.

But Field was not simply a legal and political man; he was also a poet. And his poetry is at the core of this book.

Read more: Terra nullius has been overturned. Now we must reverse aqua nullius and return water rights to First Nations people[3]

Settler law and settler poetics

Barron Field in New South Wales is unlike any book that has come before it in Australian historical or literary studies. It is neither biography nor simple fact telling. Clemens and Ford have contributed a work to historical and literary study that could be seen as even more important than the archival document itself, as it offers an understanding of how the Bourke proclamation came about, what it was, what it meant, and the idea of terra nullius itself.

To illustrate the importance of Field to Australia’s foundations, Ford and Clemens – experienced academics in the fields of Romanticism, philosophy, Australian literature and poetry – have adopted a unique approach grounded in textual analysis. They offer close readings of Field’s poetry, arguing that the poems cannot be disentangled from his influence on the legal and cultural beginnings of colonial Australia. Settler law and settler poetics exist in tandem. The project is ambitious, and innovative in its combination of historical and literary research, but the clear structuring of the book enables even the newest reader of poetry or Australian history to enter into a conversation with these fields – one that is historically relevant and culturally sensitive. The authors’ breakdown of the term terra nullius, its international and cultural history, which features early in the book, is in itself a tremendous contribution. Ford and Clemens focus on Field’s book First Fruits of Australian Poetry[4] (1819), which is provided in its entirety within Barron Fields in New South Wales. First Fruits was the first book of poetry printed in Australia with the forthright aim of creating an “Australian” verse. Its publication marked the beginning of a literature native to the new colony, albeit one that completely whitewashed the tens of thousands of years of oral storytelling traditions in Australia’s First Nations histories. “Poems had certainly been written and published in New South Wales before Field,” write Ford and Clemens, “but his were the first to […] have assumed the task of originating a national poetics.” Ford and Clemens have cleverly divided the book into three parts. The first explains the poetic and legal contexts of Barron Field’s life in the early 19th century. The book then reproduces the complete text of Field’s poetry, alongside an exploration of its themes, editions and meanings. Finally, the authors turn to the main focus of their project. In chapters five through nine, a section titled “Readings”, Ford and Clemens offer their deep literary analysis of the poetry, along with further historical framing and explanation. This lens of literary analysis demonstrates how much can be gained from intellectually breaking apart Field’s literary efforts. The authors treat nothing in his poetry as accidental. In their exploration of Field’s epigraphs and references to other authors, including Chaucer and Shakespeare, they explain that they operate on the assumption that the specific reference-points invoked in [Barron Field’s] hyper citational verse are never casual: that they are, to the contrary, elements of meaning being mobilised in the service of his larger poetic aims. The authors thus use the foundational chapters of the book as primers for the detailed arguments presented through their close readings. Readers are firmly grounded in the moment of the analysis, the historical context adding depth and relevance to the literary study. Poetry becomes a framing device to explore the constitutional powers of settler Australia. It is truly groundbreaking scholarship. View of Port Jackson from the collection of Barron Field (1829). National Library of Australia. Read more: Indigenous crime fiction is rare, but in Madukka the River Serpent systemic violence and connection to Country are explored[5] Topographical musings An acquaintance of the poet William Wordsworth and other figures from the English Romantic movement, Barron Field was no stranger to poetry which cast the poet in the role of philosopher, truth maker and explorer of landscapes. Field saw himself as a purveyor of topographical musings and master of pastoral ponderings. Such “Romantic” moments abound in Field’s work. As Ford and Clemens establish in their close readings, Field’s poetry relies on the use of botanical knowledge and meaning to establish its importance as uniquely Australian. The longest poem Field wrote was Botany-Bay Flowers[6]. As we see through Ford and Clemens’ critical examination, it conveys a sense of the ownership Field imagined he possessed over land and knowledge production in Australia. As the authors examine various poems from Field’s collection, we begin to see what a powerful influence this man and his words had on Australian history. In their final section, “The Absolute Spirit of Colonisation”, Ford and Clemens make an ultimate judgement on Field as a poet, one which echoes throughout the entire book. His poetic “badness” is clear. The authors note that Field has “rarely been praised for the beauty or technical facility of his poetry”. They also argue, however, that his poetry complicates the very nature of what is good and bad in poetry itself. Field’s work is “simultaneously insignificant and utterly significant, unoriginal and original”, because of its ethical, cultural, historical and legal ramifications. One could not say anything “bad” about Ford and Clemens as researchers and authors in this work. Their argument for the importance of Field, despite his literary and legal shortcomings, is impressive and convincing. Barron Field in New South Wales is a work that offers a new line of enquiry in Australian literary and historical study. It engages with colonial Australia’s place in the world: culturally, legally, and in literature. Innovative and even moving in places, it is always thought-provoking. Its reframing of our understanding of what Australia was in the time of colonial settlement suggests what we now, in more enlightened times, can be. References^ Barron Field in New South Wales: The Poetics of Terra Nullius (www.mup.com.au)^ Barron Field (adb.anu.edu.au)^ Terra nullius has been overturned. Now we must reverse aqua nullius and return water rights to First Nations people (theconversation.com)^ First Fruits of Australian Poetry (nla.gov.au)^ Indigenous crime fiction is rare, but in Madukka the River Serpent systemic violence and connection to Country are explored (theconversation.com)^ Botany-Bay Flowers (www.poetrynook.com)

Read more https://theconversation.com/pastoral-ponderings-and-settler-politics-how-a-colonial-judge-and-poet-wrote-terra-nullius-into-law-199962

The Times Features

From Classic to Contemporary: 5 Timeless Costumes for Any Party

When it comes to dressing up for a costume party, you want to choose something that is not only fun but also memorable. Whether you're attending a Halloween event, a themed gathe...

Action Figures as Art: The Growing Trend of Custom Figures and Modding

Action figures have long been regarded as collectible items, valued by enthusiasts and fans for their connection to popular culture. However, in recent years, a growing trend has...

The Ultimate Guide to Securing Grants for Your Small Business in Australia

Running a small business in Australia comes with both opportunities and challenges. While it can be rewarding, funding your business through the early stages or periods of growth...

Men’s Guide to Styling Suits with Sweaters for the Ultimate Winter Look

Winter brings a unique set of challenges when it comes to maintaining a sharp and stylish wardrobe. While suits are a staple of a well-dressed man’s closet, staying warm during t...

Discover the Charm of a Girl's White Dress

Key Highlights Timeless elegance: White dresses feel pure and have classic charm. They are perfect for many types of events. Versatile styles: You can pick from lace, embroid...

Top Medical Grade Red Light Therapy Devices in Australia

Key Highlights Lumitter™ has advanced red light therapy devices that combine new ideas with wellness. Red light therapy helps lower pain and swelling and boosts skin health. ...

Times Magazine

The Essential Guide to Transforming Office Spaces for Maximum Efficiency

Why Office Fitouts MatterA well-designed office can make all the difference in productivity, employee satisfaction, and client impressions. Businesses of all sizes are investing in updated office spaces to create environments that foster collaborat...

The A/B Testing Revolution: How AI Optimized Landing Pages Without Human Input

A/B testing was always integral to the web-based marketing world. Was there a button that converted better? Marketing could pit one against the other and see which option worked better. This was always through human observation, and over time, as d...

Using Countdown Timers in Email: Do They Really Increase Conversions?

In a world that's always on, where marketers are attempting to entice a subscriber and get them to convert on the same screen with one email, the power of urgency is sometimes the essential element needed. One of the most popular ways to create urg...

Types of Software Consultants

In today's technology-driven world, businesses often seek the expertise of software consultants to navigate complex software needs. There are several types of software consultants, including solution architects, project managers, and user experienc...

CWU Assistive Tech Hub is Changing Lives: Win a Free Rollator Walker This Easter!

🌟 Mobility. Independence. Community. All in One. This Easter, the CWU Assistive Tech Hub is pleased to support the Banyule community by giving away a rollator walker. The giveaway will take place during the Macleod Village Easter Egg Hunt & Ma...

"Eternal Nurture" by Cara Barilla: A Timeless Collection of Wisdom and Healing

Renowned Sydney-born author and educator Cara Barilla has released her latest book, Eternal Nurture, a profound collection of inspirational quotes designed to support mindfulness, emotional healing, and personal growth. With a deep commitment to ...

LayBy Shopping