1803 Lieut. Col. David Collins visits Port Philip, with a view of forming a settlement, he learns that the Dutch have vacated Van Diemans Land, set sail to take possession of such.
1805 Murrengurk, a big man, easily recognised and respected by various clan members thru-out the Port Philip District, Murrengurk, had set up camp around Port Fairy his ability to understand and communicate with visiting Whaler's needs.
Murrengurk, attended a trading place, rum, tools, clothing and the comfort of women were in demand, this continued for some years, However Murrengurk, soon started to lose control with the visiting whalers, as woman were being raped, taken, others were being killed.
1825 Van Diemans land proclaimed a separate colony from N.S.W. George Arthur Lieutenant Governor of Van Diemans landMurrengurk, over the years became deeply concerned with the situation, expressed to the tribal council, it would be far more of a benefit to the tribes, to let the Land for grazing sheep, to gentleman, of Van Diemans Land, as their laws protect women from being raped, taken away. Their laws protect your family from being shot and killed, After consideration the Elders approval, their trust had been granted.
Murrengurk, consulted, visiting whaler's, his terms agreements were laid out. Mr. J.H. Wedge, had elected to bring the terms agreement to the attention of any interested parties in Van Diemans Land.
1835 In Launceston, at the corner of Cimitiere and John Street, stood Mr. Connolly's store, a supper party had been arranged by Mr. Connolly's for a number of friends, being J.H.Wedge, W.G. Sams, John Robertson (of Hobart Town) John Sinclair (of Clairville)and John Batman who was then a settler near Avoca. Being made aware of the Terms Agreement It was agreed that Batman should cross the straits and make arrangements for settlement of the agreement A schooner was quickly charted, and John Batman as agent for the company "Port Phillip Association" to obtained from the natives a large tract of land suitable for grazing sheep.
The promoters of the undertaking were John Trice Gelibrand (former Attorney-General) Charles Swanston, M.L.C.,William Bannister (Sheriff), James Simpson (Police Magistrate), Henry Arthur (Collector of Customs), John and William Robertson (Merchants), John Hilder Wedge (surveyor) J.T. Collecat (Post Master), Anthony Cottrell (District Constable), William Gardiner Sams (under Sheriff), Micheal Connolly (Merchant), Major Mercer, John Sinclair (Superintendent of Convicts), and John Batman
Batman Sailed from Launceston on the 12th May 1835, in the Rebecca. a small vessel of fifteen tons. As arranged by Murrengurk, made his quarters at Indented Head,by using a small cannon, summoned Murrengurk.
On 3rd June 1835. John Batman, and Murrengurk, sailed up the Yarra river, on Monday 8th June declared "This will be the place for a Village"
Batman's documents refers to presents (payment) of Twenty Pairs of Blankets, Thirty Tomahawks, One Hundred Knives, Fifty Pairs Scissors, Thirty Looking-Glasses, Two Hundred Handkerchiefs, Six Shirts and One Hundred Pounds of Flour, Plus The Yearly rent of Tribute of One hundred Pairs of Blankets,One Hundred Knives, One hundred Tomahawks, Fifty Suits of Clothing, Fifty looking-glasses, Fifty Pairs of Scissors, and Five Tons Flour.
The lease contract covered the tract of land running from the branch of the river at the top of the Port , about 7 miles from the mouth of the river, forty miles North East and from thence South South West , across Mount Vilaumaurnartar to Geelong Harbour, at the head of the same, containing about Five Hundred Thousand more or less Acres.
A document was signed on the banks of a creek on 16th June 1835, by two local Native's (William Barak father suggested as being one) and 5 Sydney Aborigine's (belonging to Batman's party) for the letting of land in the Port Philip District to Batman, Overseen by Murrengurk, as certain terms and conditions had been submitted by him, Murrengurk, was to be paid by the Port Phillip Association 50 pound per year as well as rations.
25th August 1835, Governor Arthur (via John Hilder Wedge), sent a written testimonial of thanks to Murrengurk for his services rendered. The next day
26th August 1835, Batman's contract raised both the transfer to a person rather than the Crown, and it's implicit recognition of Indigenous owner and occupation of the land. His Excellency Major General Sir Richard Bourke, ruled the contract invalid.
[See Proclamation 26th August 1835, Richard Bourke, No 3--411 copy annexed herewith (marked WB1)]
This document implemented the doctrine of Terra nullius upon which British settlement base, reinforcing the notion that the land belonged to no one prior to British Crown taking possession of it. Aboriginal people thereafter could not sell or assign the land, nor could an individual person acquire it, other than through distribution by the Crown.
Although many people at that time also recognised that the Aboriginal occupants had rights in the lands (as this was confirmed in a House of Commons report on Aboriginal relations in 1837) The Lawyers followed and almost always applied the principles expressed in Bourke's proclamation. This would not change until the Australian High Court's decision in the Mabo Case in 1992" ( Vic. Gov.)
1836, A very large force of hostile native land holders had form around the settlements, which now included amongst others, John Pasco Fawkner's party, concerns were raised that they would be attacked, and would have been, if heroic Murrengurk, had not intervened.
1836 10 October, Sir Richard Bourke instructed Police Magistrate, William Lonsdale, to employ Murrengurk, as interpreter and Constable, to receive a salary of 60 pounds and rations. Murrengurk, remained under Lonsdale employment for about 15 Months before he resigned. He could not carry out orders being detrimental to his native friends.
Murrengurk, had become quite distressed in the manner the Natives were being treated, they were now being disbursed, badly treated, hunted and their sacred fires extinguished.. W hen arguing with William Lonsdale, he would use Native jargon at great length. Murrengurk, continued to protest at the treatment of the Port Phillip Blacks. maintaining the signed contract, was for seasonal grazing of sheep and other stock. His wild outrage, led to William Lonsdale ordering him to be taken to Van Diemans Land,which they did.
1837 3rd February William Lonsdale wrote to Lord Glenelg, Secretary of State for the Colonies, "The site of the present settlement which Mr. Fawkner alludes to had been previously chosen by Mr. Batman. In March, Governor Richard Bourke, visited Port Philip and named Melbourne and Williamstown.
The Port Phillip Association were paid 40 Thousand pound, for their work and effort in relinquishing any interest in the contract. A new company was formed and land near Geelong was given in payment.
Batman on 21st March, 1837 request small land grant outside town limits, in his letter to Lord Glenelg, it states, "he is a native of this Colony and has resided in Van Diemans Land Fifteen years and beg to refer Your Lordship to the late Lieut-Governor Colonel Arthur for services he rendered to that Government at different periods." .. when employed by that Government to suppress the outrages of the Aborigines upon the settles,.."
On 28th April 1837, Sir Richard Bourke advises against Batman's application for land grant, Lord Glenelg, subsequently rejected Batman's request.
1837 20 July 1837 a letter was sent by J. P. Fawkner to Lord Glenelg, claims Batman lied to Government, He states "..that he (Batman) is unworthy to receive any rewards or favor, having fabrication of a false statement attempted to deceive His Majesty's Government
On January 1840 J. H.Wedge original member of the Port Phillip Association, wrote to Lord John Russell suggesting the establishment of deports for the supply of Aborigines, with food and clothing and that Murrengurk, be used as a channel of communication to explain the scheme to them, Wedge' suggestion was rejected.
On the 27th January 1840, Murrengurk, married widower Mrs Julia Eagers, a small framed lady who's husband was killed when making his way to Sydney.
1852, The Victorian executive add 40 pound a year to Murrengurk, pension.
1853 John Pascoe Fawkner,opposing Murrengurk petition for a pension
1856 Murrengurk, died, buried in unmarked grave in Tasmania,
Sunday, May 13, 2007
Lynne Haultain 21/08/06
Email
Dear Ms Lynne Haultain 21/08/06
We have received numinous Emails from members of the Hepburn community that attended the meeting on the 12th July 2006. It has been brought to our attention,
"that the Aboriginal Embassy have been disregarded in the whole process"
"No mention of the Aboriginal Embassy!" and
"did their view points not matter"
I understand that you were handed a file (21 pages) a concise summary complied by Ms Anne Kavanagh Secretary BeBuyBac which made you aware of the many years that the Aboriginal Embassy has been involved with the Hepburn Pool, which has been well supporting by the local community, (Ref. Brian Hawkes)
You will recall during that meeting the Aboriginal Embassy Ambassador Beryl Booth, clearly stated that the 1996 claim to the site was made under common law, and not under any native title claim, I now understand the Mr. Graham Atkinson Chair of the Dja Dja Wrung Title Group was not fully aware of the overall contents or your (phone) enquiry.
As to give the Hepburn community peace of mind, I now ask the reasons that your report on the Community and Stakeholders Consolation 12th July 2006 makes no mention of the Aboriginal Embassy input, and that of others members of the community that brought the indigenous issues to the forefront
Yours sincerely
Colleen Sheehy
Secretary to the AmbassadorBeryl Booth
Dear Ms Lynne Haultain 21/08/06
We have received numinous Emails from members of the Hepburn community that attended the meeting on the 12th July 2006. It has been brought to our attention,
"that the Aboriginal Embassy have been disregarded in the whole process"
"No mention of the Aboriginal Embassy!" and
"did their view points not matter"
I understand that you were handed a file (21 pages) a concise summary complied by Ms Anne Kavanagh Secretary BeBuyBac which made you aware of the many years that the Aboriginal Embassy has been involved with the Hepburn Pool, which has been well supporting by the local community, (Ref. Brian Hawkes)
You will recall during that meeting the Aboriginal Embassy Ambassador Beryl Booth, clearly stated that the 1996 claim to the site was made under common law, and not under any native title claim, I now understand the Mr. Graham Atkinson Chair of the Dja Dja Wrung Title Group was not fully aware of the overall contents or your (phone) enquiry.
As to give the Hepburn community peace of mind, I now ask the reasons that your report on the Community and Stakeholders Consolation 12th July 2006 makes no mention of the Aboriginal Embassy input, and that of others members of the community that brought the indigenous issues to the forefront
Yours sincerely
Colleen Sheehy
Secretary to the AmbassadorBeryl Booth
Lynne Haultain
Lynne Haultain
CPR Level 4, 100 Collins St
Melbourne 3000.
Email
Dear Ms. Lynne Haultain,
Re: Hepburn Pool Report
I refer to your Email Tuesday 22 August 2006, it appears that you must have overlooked the question raised in our Email of Monday 21st of August 2006. Being,
"the reason that your report on the Community and Stakeholders Consolation meeting, 12th July 2006, makes no mention of the Aboriginal Embassy in put, and that of others members of the community that brought the indigenous issus to the forefront".
I trust that you will address the matter at your earliest opportunity.
Yours sincerely
Colleen Sheehy
Secretary to the AmbassadorBeryl Booth
CPR Level 4, 100 Collins St
Melbourne 3000.
Dear Ms. Lynne Haultain,
Re: Hepburn Pool Report
I refer to your Email Tuesday 22 August 2006, it appears that you must have overlooked the question raised in our Email of Monday 21st of August 2006. Being,
"the reason that your report on the Community and Stakeholders Consolation meeting, 12th July 2006, makes no mention of the Aboriginal Embassy in put, and that of others members of the community that brought the indigenous issus to the forefront".
I trust that you will address the matter at your earliest opportunity.
Yours sincerely
Colleen Sheehy
Secretary to the AmbassadorBeryl Booth
Graham Atkinson 28/08/06
Graham AtkinsonChair
Dja Dja Wrung Native
Title Group PO. Box 431
Nth. Melbourne 3051 28th August 2006
Dear Mr.Graham Atkinson,
Re: Hepburn Pool site;``
Firstly, Please find Enclosed herewith copies of pages, 6,17 & 18 only of Lynne Haultain Report to Parliament, Rob Hulls Minister for Lands Which makes mention that consultant Ms. Lynne Haultain, contacted yourself by way of a phone call, and that you directed her to Aboriginal Affairs Register, Dr. Joy Elley, it appears that Dr. Joy Elley, information was "there is currently nothing of indigenous significance which has been recorded on the site and no survey of the site on file"
As you will recall the site was reclaimed under common law 1996, This significant event being most important, and of significance to the indigenous people, and rate payers with in the Hepburn Shire. also Enclosed is a copy of the public notice, note the Melbourne Age public notice was financed by the A.A.L.. Watt street,
Ms. Lynne Haultains report is based on a public meeting conducted by DSE at 6pm on the 12 July 2006 at the Palais in Hepburn Springs, the meeting lasted well over 2 hours, the Aboriginal Embassy's claim was raised by four speakers, including Djaara representative and rate payer, all being in support of the AEV 1996 claim, which to this date has never been challenged by any parties, including the Victorian Government.
Ms. Lynne Haultains final report, makes no mention whatsoever of the indigenous issues raised at the meeting, this raising community unrest and dissatisfaction with the report, leaving open to question the motives and integrity of Ms. Haultain. Find Enclosed a copy of Email 22 August 2006 intended letter to Minister Rob Hulls Per Mr. Peter O'Mara.
As there is limited knowledge as to what Ms. Haultain consulted you about, did she make mention of the common law claim? did she make you aware that the claim was valid ?; did she make you aware that council workers were removed from the site 1997, did she make you aware of the public liability insurance had been removed from the site 1996? These a just a few of the question that need to be clarified in the very near future.
We feel, Ms. Lynne Haultain report is incomplete if not misleading, endeavoring to cause a division between our people, As you are the Chairman of Dja Dja Wrung Native Title Group, We ask you to obtain from Ms. Lynne Haultain, Senior Adviser, of CPR. Level 4,100 Collins St., Melbourne, the reasons that she did not mention in her Report, the Indigenous people and the issues raised by them, at the meeting 12 July 2006. Enclosed an Email from her dated 22 August 2006, which included our original message
Yours sincerely,
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Dja Dja Wrung Native
Title Group PO. Box 431
Nth. Melbourne 3051 28th August 2006
Dear Mr.Graham Atkinson,
Re: Hepburn Pool site;``
Firstly, Please find Enclosed herewith copies of pages, 6,17 & 18 only of Lynne Haultain Report to Parliament, Rob Hulls Minister for Lands Which makes mention that consultant Ms. Lynne Haultain, contacted yourself by way of a phone call, and that you directed her to Aboriginal Affairs Register, Dr. Joy Elley, it appears that Dr. Joy Elley, information was "there is currently nothing of indigenous significance which has been recorded on the site and no survey of the site on file"
As you will recall the site was reclaimed under common law 1996, This significant event being most important, and of significance to the indigenous people, and rate payers with in the Hepburn Shire. also Enclosed is a copy of the public notice, note the Melbourne Age public notice was financed by the A.A.L.. Watt street,
Ms. Lynne Haultains report is based on a public meeting conducted by DSE at 6pm on the 12 July 2006 at the Palais in Hepburn Springs, the meeting lasted well over 2 hours, the Aboriginal Embassy's claim was raised by four speakers, including Djaara representative and rate payer, all being in support of the AEV 1996 claim, which to this date has never been challenged by any parties, including the Victorian Government.
Ms. Lynne Haultains final report, makes no mention whatsoever of the indigenous issues raised at the meeting, this raising community unrest and dissatisfaction with the report, leaving open to question the motives and integrity of Ms. Haultain. Find Enclosed a copy of Email 22 August 2006 intended letter to Minister Rob Hulls Per Mr. Peter O'Mara.
As there is limited knowledge as to what Ms. Haultain consulted you about, did she make mention of the common law claim? did she make you aware that the claim was valid ?; did she make you aware that council workers were removed from the site 1997, did she make you aware of the public liability insurance had been removed from the site 1996? These a just a few of the question that need to be clarified in the very near future.
We feel, Ms. Lynne Haultain report is incomplete if not misleading, endeavoring to cause a division between our people, As you are the Chairman of Dja Dja Wrung Native Title Group, We ask you to obtain from Ms. Lynne Haultain, Senior Adviser, of CPR. Level 4,100 Collins St., Melbourne, the reasons that she did not mention in her Report, the Indigenous people and the issues raised by them, at the meeting 12 July 2006. Enclosed an Email from her dated 22 August 2006, which included our original message
Yours sincerely,
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Rob Hulls Minister 12/09/06
Rob Hulls,Minister for Planning
Level 17, 8 Nicholson St.
East Melbourne 3002 September 12th 2006
Dear Rob Hulls,
I write to add to our letter dated August 3 2006, which we have not received any response to date. However we have obtained a copy of Ms Lynne Haultian report on the Hepburn Pool Community Meeting held 12th July 2006.
We find Ms Lynne Haultian report very disturbing, she appears to have disregarded the Indigenous issues raised at the meeting, as mention in our previous correspondence, she was presented with a 21 page brief that clearly outlining the indigenous issues raised, which had been on the public agenda for some ten years, which we feel needed to be clarified, as to put the communities minds at rest.
I was personally assured by Ms. Haultian, that she would forward a copy of the 21 page brief to you, I can only assume that she has done so, Therefor I need not illustrate the serious and most relevant contents of such documents.
We have received various Emails and letters from the Hepburn community, concerning Ms. Haultian report, it appears that others are also discontented with her poor performance. I have enclosed of copy of (pasted) letters to the editor local news paper Advocate, publicly expressing their own personal concerns.
We raised our concerns with Ms. Haultian, by way of Email 21 August 2006, her response received 22 Aug. 2006 (copy enclosed) We don't wish to appear as vindictive towards Ms. Haultian, as this is not the case, but for her to suggest "If the Aboriginal Embassy is keen to play a role in the future of the Hepburn Pool" leaves open to question, her ability to comprehend the various documents presented to her at the community meeting 12 July 2006.
We appreciate that Ms. Haultian had consulted Mr. Graham Atkinson, Chair Dja Dja Wrung Native Title Group, by way of a phone call. We have been advised that Mr. Atkinson, was not made aware overall intent of her inquire, or made aware of the 1996 claim over the site.
In our previous letter made mention of that we were unsure of the name lawyers assisting your department, as to correct the record, it now appears that Peter Wilson of Nevett Ford Lawyers of Ballarat, assisted Ms. Haultian. Which could have greatly influenced her final report. It appears to us that this Government has lost faith in it's own department heads and staff to carry out such a simple function.
We trust that you will personally inform Ms. Haultian of our disappointment, Re: her suspect report. We also take this opportunity to ask, with the wider community best interest in mind, for a detailed list of cost paid to all Lawyers, Lynne Haultain, Senior Consultant, CPR for the Report on Hepburn Pool Community and Stakeholder Consultation June- July 2006?
Yours sincerely
Beryl Booth
Ambassador
Level 17, 8 Nicholson St.
East Melbourne 3002 September 12th 2006
Dear Rob Hulls,
I write to add to our letter dated August 3 2006, which we have not received any response to date. However we have obtained a copy of Ms Lynne Haultian report on the Hepburn Pool Community Meeting held 12th July 2006.
We find Ms Lynne Haultian report very disturbing, she appears to have disregarded the Indigenous issues raised at the meeting, as mention in our previous correspondence, she was presented with a 21 page brief that clearly outlining the indigenous issues raised, which had been on the public agenda for some ten years, which we feel needed to be clarified, as to put the communities minds at rest.
I was personally assured by Ms. Haultian, that she would forward a copy of the 21 page brief to you, I can only assume that she has done so, Therefor I need not illustrate the serious and most relevant contents of such documents.
We have received various Emails and letters from the Hepburn community, concerning Ms. Haultian report, it appears that others are also discontented with her poor performance. I have enclosed of copy of (pasted) letters to the editor local news paper Advocate, publicly expressing their own personal concerns.
We raised our concerns with Ms. Haultian, by way of Email 21 August 2006, her response received 22 Aug. 2006 (copy enclosed) We don't wish to appear as vindictive towards Ms. Haultian, as this is not the case, but for her to suggest "If the Aboriginal Embassy is keen to play a role in the future of the Hepburn Pool" leaves open to question, her ability to comprehend the various documents presented to her at the community meeting 12 July 2006.
We appreciate that Ms. Haultian had consulted Mr. Graham Atkinson, Chair Dja Dja Wrung Native Title Group, by way of a phone call. We have been advised that Mr. Atkinson, was not made aware overall intent of her inquire, or made aware of the 1996 claim over the site.
In our previous letter made mention of that we were unsure of the name lawyers assisting your department, as to correct the record, it now appears that Peter Wilson of Nevett Ford Lawyers of Ballarat, assisted Ms. Haultian. Which could have greatly influenced her final report. It appears to us that this Government has lost faith in it's own department heads and staff to carry out such a simple function.
We trust that you will personally inform Ms. Haultian of our disappointment, Re: her suspect report. We also take this opportunity to ask, with the wider community best interest in mind, for a detailed list of cost paid to all Lawyers, Lynne Haultain, Senior Consultant, CPR for the Report on Hepburn Pool Community and Stakeholder Consultation June- July 2006?
Yours sincerely
Beryl Booth
Ambassador
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