Alan Pope

White Justice Alan Pope

When the first fleet landed in NSW they brought with them English law. But sophisticated systems of law already existed in Australia - namely, Aboriginal customary law. Covering the period 1788 to 1888, this book charts the gradual replacement of this customary law by 'whitefella law' as white settlement progressed and settlers exerted their sovereignty over the land and its peoples. It details how Aborigines were made 'amenable' to English law, after the initial decades of denying Aborigines the right to access to the court system. The use of martial law at various times across the country is examined. While officially sanctioning violence against Aborigines, martial law also operated to protect soldiers and police from prosecution. The difficult process of allowing Aboriginal evidence to be heard in courts is detailed, including the resistance to this move by squatters. In the most comprehensive survey of cases involving Aborigines to date, Alan Pope throws light on hundreds of cases, across all Australian jurisdictions. All of the major trials for murder, manslaughter and rape are described, including those involving Aboriginal victims. Details of charges brought against whites for the killing of blacks are covered in two chapters, which include examples of mass poisoning and 'dispersal' actions that led to the death of many thousands of Aborigines. A major theme of this book is the sexual relations between white men and young black women. While some such liaisons were consensual, most involved abduction and rape. These, and their aftermath, were at the heart of many disagreements between black and white people in the 19th century. The author argues that the failure by authorities to protect Aboriginal women is a shameful aspect of Australian history. This book will appeal to anyone interested in Aboriginal and contact history, legal history and the lives of Aborigines in the first century of settlement.