Example Text Extract - John Batman
 
 
 
 
 
 
  From Convict to Chief Constable
 
 
  The story of Thomas Massey, by Rutherford J Browne
 
 
 
  
16. JOHN BATMAN - MELBOURNE
  Most  
  Australians  
  have  
  heard  
  of  
  John 
  Batman     
  and     
  his     
  role     
  in     
  the 
  establishment   
  of   
  Melbourne.   
  Most 
  believe  
  he  
  took  
  advantage  
  of  
  a  
  naive 
  people  
  and  
  purchased  
  valuable  
  land 
  for  
  a  
  few  
  tools  
  and  
  trinkets.  
  Nothing 
  is   
  further   
  from   
  the   
  truth.   
  Batman 
  was   
  a   
  complex   
  character   
  and   
  on 
  balance  
  tried  
  to  
  deal  
  fairly  
  with  
  his 
  fellow    
  man.    
  He    
  understood    
  the 
  indigenous  
  peoples  
  concept  
  that  
  land 
  itself  
  could  
  not  
  be  
  sold,  
  but  
  that  
  the 
  right   
  to   
  share   
  in   
  its   
  usage   
  was   
  a 
  valuable  
  commodity  
  in  
  the  
  hands  
  of 
  those who controlled it.
  The   
  district   
  Elders
     
  (Chiefs)   
  knew 
  exactly   
  what   
  they   
  were   
  doing   
  and 
  they  
  drove  
  a  
  fair,  
  but  
  hard,  
  bargain. 
  A  
  white  
  man,  
  William  
  Buckley,  
  had 
  been   
  living   
  in   
  their   
  midst   
  for   
  32 
  years.    
  Buckley    
  was    
  trusted    
  and 
  respected  
  by  
  the  
  local  
  tribes  
  and  
  in 
  some  
  ways  
  this  
  eased  
  Batman’s  
  task. 
  Batman  
  actually  
  paid  
  for  
  an  
  option 
  to  
  graze  
  cattle  
  and  
  sheep  
  on  
  a  
  pre-
  agreed   
  area   
  of   
  land   
  for   
  a   
  pre-
  agreed  
  annual  
  lease  
  payment.  
  In  
  the  
  process  
  he  
  put  
  the  
  Colonial 
  Government in a very difficult legal position.
  Batman and Massey
  Thomas  
  Massey  
  and  
  John  
  Batman  
  were  
  very  
  well  
  acquainted.  
  Ellerslie 
  was   
  in   
  effect   
  the   
  gateway   
  to   
  Batman’s   
  property.   
  The   
  name   
  given   
  to 
  Batman’s  
  combined  
  grants  
  was  
  Kingston.  
  They  
  lay  
  some  
  10km  
  (6  
  miles) 
  up   
  the   
  track   
  that   
  followed   
  the   
  Ben   
  Lomond   
  Rivulet,   
  from   
  Ellerslie, 
  upstream  
  to  
  its  
  source  
  in  
  fairly  
  rugged  
  country.  
  Kingston  
  comprised 
  three  
  allotments:  
  two,  
  totalling  
  1240  
  acres  
  were  
  nestled  
  in  
  a  
  beautiful 
  fertile  
  valley  
  surrounded  
  by  
  hills.  
  The  
  third,  
  of  
  1000  
  acres,  
  was  
  a  
  more 
  rugged  
  block,  
  better  
  suited  
  to  
  sheep,  
  situated  
  some  
  3km  
  downstream,  
  on 
  the  
  track  
  to  
  Ellerslie.  
  In  
  managing  
  the  
  inheritance  
  of  
  Charles  
  Fletcher 
  Howard,  
  Thomas  
  managed  
  one  
  of  
  the  
  two  
  properties  
  between  
  Batman’s 
  holdings.  
  The  
  other,  
  700  
  acres  
  belonging  
  to  
  Jos.  
  Clark,  
  was  
  purchased  
  by 
  Thomas   
  in   
  1838,   
  about   
  the   
  time   
  Batman   
  sold   
  Kingston.   
  [See   
  map: 
  Landholdings of Massey, Batman, Howard. Appendix 3]
  Every  
  time  
  Batman  
  went  
  to  
  Launceston  
  he  
  would  
  pass  
  within  
  500 
  metres  
  of  
  Ellerslie  
  homestead  
  and  
  he  
  would  
  often  
  drop  
  in  
  for  
  a  
  chat  
  and 
  share the news. With Ellerslie lying on the track, to what became the Nile 
 
 
 
  road,  
  letters  
  and  
  parcels  
  would  
  be  
  left  
  at  
  Ellerslie  
  for  
  Batman.  
  It  
  would 
  have been rare that he passed without calling.
  John  
  Batman  
  was  
  of  
  colonial  
  birth;  
  born  
  on  
  21  
  January  
  1801  
  in  
  New 
  South  
  Wales.  
  His  
  father  
  William  
  Bat(e)man  
  was  
  a  
  convict,  
  a  
  Middlesex 
  cutler   
  and   
  grinder   
  from   
  Yorkshire,   
  transported   
  for   
  receiving   
  stolen 
  saltpetre.  
  His  
  mother  
  Mary,  
  paid  
  her  
  fare,  
  brought  
  with  
  her  
  their  
  two 
  children, and followed her husband.
  John  
  Batman  
  settled  
  in  
  the  
  Ben  
  Lomond  
  district  
  at  
  much  
  the  
  same 
  time   
  as   
  Thomas   
  Massey   
  and   
  they   
  likely   
  ran   
  a   
  parallel   
  course   
  in 
  developing   
  their   
  properties.   
  Batman   
  was   
  just   
  six   
  years   
  older   
  than 
  Thomas’  
  own  
  son  
  (Thomas  
  William),  
  but  
  there  
  the  
  resemblance  
  ended. 
  Young  
  Thomas  
  was  
  attracted  
  to  
  town  
  life  
  and  
  John  
  Batman  
  was  
  at  
  home 
  in the bush.  
  Brown  
  (1966)
    
  gives  
  a  
  backbone  
  of  
  Batman’s  
  life  
  in  
  his  
  biographical 
  notes   
  and   
  describes   
  him   
  as,   
  “sufficiently   
  literate   
  for   
  any   
  practical 
  purpose,   
  sociable,   
  of   
  fine   
  physique;   
  a   
  promising   
  bushman”.   
  Thomas 
  would  
  have  
  told  
  you,  
  he  
  was  
  a  
  trained  
  blacksmith  
  and  
  farrier,  
  and  
  that 
  over  
  the  
  time  
  he  
  knew  
  him,  
  he  
  had  
  developed  
  into  
  a  
  very  
  competent 
  bushman  
  and  
  a  
  highly  
  skilled  
  tracker,  
  with  
  a  
  sharp  
  intuition  
  such  
  that 
  he  
  could  
  often  
  anticipate  
  his  
  quarries  
  movements.  
  Both  
  Thomas  
  and 
  Batman   
  had   
  supplemented   
  their   
  income   
  with   
  rewards   
  from   
  bounty 
  hunting 
  and each appreciated the others talents.
  Batman’s  
  more  
  famous  
  escapades  
  have  
  been  
  related  
  earlier  
  in  
  this 
  book.  
  The  
  capture  
  of  
  the  
  bushranger  
  Brady  
  and  
  his  
  activities  
  in  
  Governor 
  Arthur’s  
  native  
  round-up.  
  Disparaging  
  comments  
  on  
  Batman’s  
  behaviour 
  and  
  morality  
  are  
  sometimes  
  quoted  
  and  
  re-quoted,  
  often  
  out  
  of  
  context 
  and without an understanding of the circumstances.
  The   
  artist   
  John   
  Glover,   
  who   
  claimed   
  to   
  be   
  his   
  neighbour   
  at   
  Ben 
  Lomond,  
  has  
  been  
  quoted  
  as  
  saying  
  Batman  
  was,  
  “a  
  rogue,  
  thief,  
  cheat 
  and  
  liar,  
  a  
  murderer  
  of  
  blacks  
  and  
  the  
  vilest  
  man  
  I  
  have  
  ever  
  known”. 
  Glover  
  did  
  not  
  arrive  
  in  
  the  
  district  
  until  
  1832  
  when  
  he  
  was  
  allocated  
  a 
  grant  
  at  
  Mills  
  Plains,  
  near  
  Deddington  
  on  
  the  
  northern  
  slope  
  of  
  Ben 
  Lomond.  
  He  
  built  
  his  
  house  
  on  
  the  
  Nile  
  River.  
  This  
  was  
  close  
  to  
  a  
  three 
  hour ride from Batman’s 
  Kingston
   property, so not close neighbours!
  George  
  Augustus  
  Robinson  
  wrote  
  in  
  his  
  diary  
  that  
  Batman  
  was  
  “a  
  bad 
  and  
  dangerous  
  character.  
  He  
  married  
  a  
  prison  
  woman.  
  He  
  has  
  recently 
  lost  
  part  
  of  
  his  
  nose  
  from  
  the  
  bad  
  disease.  
  Recently  
  turned  
  his  
  wife  
  out  
  of 
  doors   
  because   
  the   
  prisoner   
  servants   
  said   
  they   
  saw   
  the   
  cook   
  in   
  the 
  bedroom with his wife”.
  Batman  
  did  
  marry  
  a  
  convict  
  lass  
  in  
  1828,  
  Eliza  
  Thompson,  
  convicted 
  at  
  17  
  as  
  Elizabeth  
  Callaghan  
  and  
  a  
  fairly  
  wild  
  lady  
  by  
  all  
  accounts.  
  He 
  was diagnosed in 1833 with syphilis. He did die of syphilis in 1839.
  This  
  stated,  
  it  
  is  
  obvious  
  that  
  Batman,  
  Glover  
  and  
  Robinson  
  did  
  not 
  mix  
  in  
  the  
  same  
  circles.  
  Glover  
  was  
  a  
  Johnny  
  come  
  lately.  
  He  
  had  
  been  
  in 
  the  
  district  
  less  
  than  
  3  
  years  
  when  
  Batman  
  sailed  
  to  
  Victoria  
  to  
  negotiate 
  with  
  the  
  local  
  tribes.  
  Glover  
  was  
  68  
  years  
  old,  
  newly  
  arrived  
  and  
  very 
  English  
  in  
  his  
  outlook.  
  Robinson  
  had  
  a  
  missionary  
  mindset  
  and  
  seems  
  to 
  have  
  been  
  most  
  concerned  
  about  
  Batman’s  
  morality.  
  He  
  may  
  also  
  have 
  considered Batman in the enemy camp. In all, Thomas Massey would 
 
 
  213
 
 
  214
 
 
 
  have  
  understood  
  Batman  
  better  
  than  
  most,  
  and  
  would  
  likely  
  have  
  been 
  less judgemental.
  Thomas  
  Massey  
  and  
  John  
  Batman  
  were  
  both  
  pragmatic  
  individuals. 
  They  
  lived  
  in  
  the  
  same  
  place,  
  at  
  the  
  same  
  time,  
  and,  
  I  
  suspect,  
  responded 
  to the same threats to their existence in the same way.
  The  
  commonly  
  quoted  
  evidence  
  against  
  Batman  
  as  
  a  
  “
  murderer   
  of 
  blacks”
     
  [Glover]   
  stems   
  primarily   
  from   
  Batman’s   
  own   
  journal.   
  This 
  evidence  
  needs  
  to  
  be  
  read  
  in  
  the  
  context  
  of  
  the  
  day.  
  It  
  is  
  worth  
  reviewing 
  the  
  opening  
  pages  
  of  
  Chapter  
  12  
  of  
  this  
  book  
  to  
  get  
  a  
  background  
  picture 
  of  
  the  
  position  
  that  
  both  
  Batman  
  and  
  Massey  
  were  
  in  
  at  
  the  
  time.  
  There 
  was  
  a  
  war  
  on.  
  A  
  one  
  sided  
  war,  
  when  
  viewed  
  from  
  the  
  21st  
  Century,  
  but 
  at  
  the  
  time  
  a  
  very  
  real  
  threat.  
  Viewed  
  from  
  both  
  sides,  
  it  
  was  
  a  
  war  
  about 
  territory  
  and  
  a  
  war  
  of  
  survival.  
  The  
  most  
  belligerent  
  native  
  protagonists 
  were   
  fighting   
  a   
  modern
     
  guerilla   
  war   
  from   
  the   
  very   
  rugged   
  country 
  surrounding  
  Ben  
  Lomond  
  and  
  both  
  Massey  
  and  
  Batman  
  were  
  in  
  the 
  front line.
  Batman  
  was  
  the  
  head  
  of  
  the  
  local  
  “
  roving  
  party”
    
  established  
  under 
  George  
  Arthur’s  
  martial  
  Law,  
  which  
  patrolled  
  the  
  territory  
  between  
  his 
  property  
  near  
  Ben  
  Lomond  
  and  
  Oyster  
  Bay.  
  Arthur’s  
  instructions  
  were  
  to 
  capture  
  or  
  drive  
  away  
  from  
  the  
  settled  
  districts  
  all  
  aggressive  
  native 
  elements
  .     
  [
  Proclamation     
  by     
  Arthur,     
  1     
  November     
  1828,     
  British 
  Parliamentary Papers, Colonies, Australia, 4, pp 183–4
  ]
  Batman  
  described  
  in  
  his  
  journal  
  the  
  events  
  which  
  took  
  place  
  in  
  1829, 
  in the ranges behind Kingston at the foot of Ben Lomond:
  “…  
  in  
  pursuit  
  of  
  the 
  Aborigines  
  who  
  have  
  been  
  committing  
  so  
  many  
  outrages  
  in  
  this 
  district   
  on   
  Wednesday,   
  I   
  fell   
  in   
  with   
  their   
  tracks   
  and   
  followed   
  them   
  with   
  the 
  assistance  
  of  
  the  
  Sydney  
  Native  
  Blacks.  
  We  
  proceeded  
  in  
  the  
  same  
  direction  
  until  
  we 
  saw some smoke at a distance.
  I  
  immediately  
  ordered  
  the  
  men  
  to  
  lay  
  down.  
  We  
  could  
  hear  
  the  
  Natives  
  conversing 
  distinctly.  
  We  
  then  
  crept  
  into  
  a  
  thick  
  scrub  
  and  
  remained  
  there  
  until  
  after  
  sunset.  
  We 
  made  
  towards  
  them  
  with  
  the  
  greatest  
  caution  
  and  
  at  
  about  
  11  
  o'clock  
  P.M.  
  we  
  arrived 
  within 21 paces of them.
  The men were drawn up on the right by my orders ………………..
 
 
  …………………..   Extract from the signed document:
  “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  
  Scissors  
  and  
  Five  
  Tons 
  Flour.”
  The  
  Batman  
  Deed  
  was  
  NOT  
  a  
  freehold  
  purchase  
  document  
  as  
  we 
  understand  
  it  
  today.
    
  The  
  basis  
  of  
  the  
  transaction  
  was  
  the  
  word  
  Enfeoff
  . 
  (see  
  transcript  
  Appendix  
  7)  
  this  
  was  
  a  
  concept  
  in  
  law  
  that  
  had  
  a  
  basis  
  in 
  both   
  the   
  European   
  feudal   
  system   
  and   
  the   
  law   
  of   
  the   
  Port   
  Phillip
   
  indigenous people.
  In  
  English  
  law,  
  feoffment
    
  was  
  a  
  transfer  
  of  
  land  
  or  
  property  
  that  
  gave 
  the  
  new  
  holder  
  the  
  right  
  to  
  sell  
  it,  
  as  
  well  
  as  
  the  
  right  
  to  
  pass  
  it  
  on  
  to  
  his 
  heirs  
  as  
  an  
  inheritance.  
  What  
  was  
  being  
  transferred  
  was  
  an  
  ownership  
  of 
  rights  
  over  
  land,  
  rather  
  than  
  ownership  
  of  
  the  
  land  
  itself.  
  In  
  return  
  the 
  recipient  
  pledged  
  the  
  delivery  
  of  
  some  
  service  
  or  
  ‘value’,  
  in  
  this  
  case  
  an 
  agreed annual delivery of specified goods.
  On  
  Batman’s  
  return,  
  the  
  Port  
  Phillip  
  Association  
  took  
  formal  
  shape 
  and  
  immediately  
  moved  
  into  
  action.  
  The  
  concept  
  of  
  continuous  
  tribute  
  to 
  the  
  Aboriginals,  
  for  
  the  
  right  
  to  
  graze  
  sheep  
  and  
  cattle  
  seemed  
  to  
  its 
  foundation  
  partners  
  a  
  fair  
  beginning.  
  “Commercial  
  ambition  
  moved  
  them, 
  but  
  they  
  planned  
  an  
  exemplary  
  invasion,  
  and  
  hoped  
  for  
  swift  
  government 
  control,   
  and   
  in   
  the   
  last   
  resort,   
  offered   
  £30,000   
  for   
  the   
  Crown's 
  conveyance of Batman's putative purchase.” [Brown (1966)]
  
John Batman and Thomas Massey part ways 
  Batman’s  
  preparation  
  and  
  journey  
  to  
  the  
  mainland  
  coincided  
  almost 
  exactly  
  with  
  Young  
  Thomas  
  William  
  Massey’s  
  decent  
  into  
  bankruptcy.  
  By 
  the   
  time   
  Batman   
  returned   
  to   
  Kingston   
  young   
  Thomas   
  was   
  in   
  the 
  Launceston  
  Debtor’s  
  Prison.  
  The  
  Massey  
  family  
  affairs  
  were  
  in  
  disarray; 
  and Batman’s epic achievement just passed-by in the background.
  The  
  Government  
  of  
  the  
  day  
  tried  
  to  
  move  
  into  
  damage  
  control.  
  The 
  spread  
  of  
  settlement  
  to  
  the  
  southern  
  mainland  
  did  
  not  
  conform  
  with 
  London  
  policy.  
  The  
  land  
  involved  
  was  
  nominally  
  part  
  of  
  the  
  Colony  
  of 
  New  
  South  
  Wales.  
  The  
  Governor  
  of  
  New  
  South  
  Wales,  
  Richard  
  Bourke, 
  declared  
  Batman’s  
  deed  
  void.  
  However  
  the  
  damage  
  was  
  done.  
  Batman’s  
   
  agreement  
  with  
  the  
  resident  
  tribes  
  was  
  the  
  talk  
  of  
  the  
  entire  
  Colony,  
  The 
  ‘floodgates were opened’
   
  and the flood of settlement unstoppable.
  Within  
  the  
  year  
  Batman  
  had  
  sold  
  Kingston  
  (on  
  terms)  
  for  
  £10,000  
  and 
  moved  
  his  
  “all”  
  to  
  the  
  new  
  settlement.  
  It  
  is  
  part  
  of  
  the  
  Massey  
  family 
  mythology  
  that  
  Batman’s  
  party  
  on  
  leaving  
  Kingston  
  for  
  the  
  last  
  time 
  spent  
  the  
  night  
  at  
  Ellerslie  
  before  
  departing  
  on  
  their  
  move  
  to  
  Port  
  Phillip. 
  It was said John Batman was carrying a large amount of money.
  Shortly   
  after   
  the   
  move   
  Batman’s   
  health   
  deteriorated   
  rapidly.   
  John 
  Batman died on 6 May 1839.
  Just  
  45  
  years  
  after  
  the  
  Batman  
  agreement  
  was  
  negotiated,  
  in  
  the 
  year  
  1880,  
  Melbourne  
  became  
  famous  
  as  
  the  
  richest  
  city  
  in  
  the 
  world.
 
 
 
  219
 
 
 
  217
 
 
  © Rutherford J Browne 2018
   This site and book are protected by copyright. All or parts of it may not be copied or disseminated in any way 
  without the permission of the copyright owner. You may copy, reference or quote small sections of the work as long 
  as due acknowledgement is made.
 
 
 
 
 
 
 
  John Batman by James Flett
  
  
 
 
 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
 
 
 
  John Batman’s agreement with Port Phillip native people