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Saxe Bannister was appointed Attorney General of New South Wales probably at least in part because his interactions with the Six Nations had brought him to the attention of the Colonial Office. He found himself plunged into conflict with competing settler factions. The chapter focuses primarily, however, on his interaction with Indigenous resistance, particularly by the Wiradjuri, in the context of the violent conquest of Australia. Bannister tried to apply the British rule of law as he saw it to frontier contexts, calling for the declaration of martial law during warfare in both Bathurst and Hunter Valley. He also tried unsuccessfully to prosecute police officers and local settlers for extrajudicial murders. Bannister left New South Wales in disgrace but his legal legacy persisted in debates that had implications across the British settler empire: the court case would later lay the groundwork for the legal refusal of Indigenous sovereignty in exchange for the protection of Indigenous people against settler violence. The chapter highlights the importance and the contradictions of the British ideology of the rule of law.
Empire, Kinship and Violence traces the history of three linked imperial families in Britain and across contested colonial borderlands from 1770 to 1842. Elizabeth Elbourne tracks the Haudenosaunee Brants of northeastern North America from the American Revolution to exile in Canada; the Bannisters, a British family of colonial administrators, whistleblowers and entrepreneurs who operated across Australia, Canada and southern Africa; and the Buxtons, a family of British abolitionists who publicized information about what might now be termed genocide towards Indigenous peoples while also pioneering humanitarian colonialism. By recounting the conflicts that these interlinked families were involved in she tells a larger story about the development of British and American settler colonialism and the betrayal of Indigenous peoples. Through an analysis of the changing politics of kinship and violence, Elizabeth Elbourne sheds new light on transnational debates about issues such as Indigenous sovereignty claims, British subjecthood, violence, land rights and cultural assimilation.
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