Batman's Treaty

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Batman's Treaty (1835)

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Batman's Treaty was a treaty made on 6 June 1835 between John Batman, Australian farmer and businessman, and a group of Wurundjeri elders, for the sale of land around Port Phillip Bay, near the present site of the city of Melbourne. It was one of the few attempts made by white settlers to negotiate with Aboriginal Australian people, although it was later declared void by the Governor of New South Wales, Richard Bourke.

24830Batman's Treaty1835

KNOW ALL PERSONS that we three Brothers Jagajaga, Jagajaga, Jagajaga, and also Cooloolock Bungarie, Yanyan, Moowhip and Mommarmalar being the Principal Chiefs of a certain Native Tribe called Dutigallar, situate and near Port Phillip, called by us. The above mentioned Chiefs Iramoo being possessed of the Tract of Land hereinafter mentioned, for and in consideration of Twenty pair of Blankets, Thirty Tomahawks, One Hundred Knives, Fifty pair of Scissors, Thirty Looking Glasses, Two Hundred Handkercheifs, One Hundred Pounds of flour and Six Shorts delivered to us by John Batman residing in Van Dieman's Land Esquire but at present sojourning with us and our Tribe Do for ourselves our Heirs and Successors Give Grant Enfeoff and confirm unto the said John Batman his heirs and assigns All that tract of country situate and being at Port Phillip, 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 - West. Forty miles across Iramoo Downs or Plains and from thence south south west across Mount Vilanmarnartar to Geelong harbour at the head of the same and containing about 500,000 acres more or less as the same hath been before the execution of these presents delineated and marked out by us according to the custom of our tribe by certain marks made upon the trees growing along the boundaries of the said tract of land to hold the said tract of land with all advantages belonging thereto unto and to the Use of the said John Batman his heirs and Assigns for ever To the intent that the said John Batman his heirs and assigns may occupy and possess the said tract of land and place thereon Sheep and Cattle Yielding and delivering to us and our heirs or successors the yearly rent or Tribute of one hundred pair of Blankets one Hundred Knives one Hundred Tomahawks Fifty suits of clothing Fifty looking glasses Fifty pair of scissors and Five Tons of flour. In witness whereof we Jagajaga, Jagajaga, Jagajaga the above-mentioned Principal Chiefs and Cooloolock, Bungarie, Yanyan, Moowhip and Mommarmalar the chiefs of the said tribe have hereunto affixed our seals to these presents and have signed the same. Dated according to the Christian Era this 6th day of June One thousand Eight hundred and thirty five.

Signed Sealed and Delivered in the presence of Us the same having been fully and properly interpreted and explained to the said Chiefs

James Gumm
Alexander Thompson
Willm Todd

Signed on the Banks of Batman's Creek
6th June 1835

Jagajaga his Mark
Jagajaga his Mark
Jagajaga his Mark
Cooloolock his Mark
Bungarie his Mark
Yanyan his Mark
Moowhip his Mark
Mommarmalar his Mark
John Batman

This work is in the public domain in Australia because it was created in Australia and the term of copyright has expired. According to Australian Copyright Council - Duration of Copyright, the following works are public domain:

published non-government works whose author died before January 1, 1955,
anonymous or pseudonymous works and photographs published before January 1, 1955, and
government works published more than 50 years ago (before January 1, 1974).

This work is also in the public domain in the United States because it was first published outside the United States (and not published in the U.S. within 30 days), and it was first published before 1989 without complying with U.S. copyright formalities (renewal and/or copyright notice) and it was in the public domain in Australia on the URAA date (January 1, 1996). This is the combined effect of Australia having joined the Berne Convention in 1928, and of 17 USC 104A with its critical date of January 1, 1996.

Because the Australian copyright term in 1996 was 50 years, the critical date for copyright in the United States under the URAA is January 1, 1946.

This work may be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works.

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