History of the Boundary St Curfew

- a compilation of references to the use of the Brisbane town boundary,
especially Boundary Street and Vulture Street, West End,
for the exclusion of Aboriginals from the town during the 19th century.
- by Daryll Bellingham
© 2000

1829 'The 1829 Regulations'
· from 'Brisbane Town in Convict Days 1824 - 1842': J.G. Steele. p. 120
· regulation 35 gives the Commandant the 'full authority to remove at his discretion, any Free person from the Settlement, who's Conduct shall appear to him to render this proceeding necessary for the due maintenance of discipline.'
· In other words the Commandant could institute a curfew under this power and this regulation helps set up a culture or expectation that people could be excluded from the settlement.

1842 Wade's survey of Brisbane, 1842
· MT5 Sunmap
· p. 78 of Brisbane the First 30 Years, W. Ross Johnston
· shows survey of streets and allotments for sale on north side and on south side around Stanley Quay etc. but not the town boundaries as below

1844 Wade's plan of the environs of Brisbane, 1844, from West End to Eagle Farm.
· MT12, Sunmap
· p. 96, Brisbane the First Thirty Years, W. Ross Johnston
· shows boundaries as described above and surveyed allotments around Montague Rd and around Stanley St, Grey St etc

1844 Burnett's plan of the town limits, 1844
· MT11, Sunmap
· notes on map reads - 'This cancels former Survey by Mr Wade ......... 18th Dec,1843. Boundaries proclaimed in the Gov. Gaz. for 1846 folio 537.'
· plan shows boundaries as described above in 1) but without the allotments that Wade put in his.
· p. 82 Brisbane the First 30 Years, W. Ross Johnston

1846 - p. 83 Brisbane the First 30 Years, W. Ross Johnston
· Johnston states in para three

As early as September 1843 Wade had prepared a plan of the town for police purposes. Burnett followed this up with a further plan six months later; this involved 'tidying up' central Brisbane to give it a clear identity. But almost two years elapsed before the government decided to bring Brisbane within the provisions of the Police Towns Act of 1839. The town limits were drawn roughly into the shape of a square, straddling the river. (45) Today the limits fall with Boundary Street on the north and west, Vulture Street on the south, and Wellington Road on the east. This act was aimed at the removal and prevention of nuisances and obstacles, and 'for the better alignment of the streets'. Wickham had complained in April 1846 that dogs, apparently without owners, were 'constantly prowling about'; pigs and goats were also a nuisance rambling about 'in search of food, destroying gardens, crops'. So the Police Towns Act and the Dog Act came to apply to Brisbane.' (46)

(45) Plans B1110, h.i. COD84, f.111; NSW, GG, 1846, 537 - The Police Towns Act and the Dog Act were extended to Brisbane.

(46) Police Magistrate to Colonial Secretary, 25 April 1846, (2 letters), 4/2735.2,SANSW.

1846 Description of Boundaries
· p. 42 Brisbane 1859 - 1959
· NSW Gov. Gazette, 5 May, 1846

'Commencing on the Brisbane River at the mouth of a small gully opposite Kangaroo Point, and bounded on the north by a line bearing west 91 chains 50 links; on the west by a line being 40 chains west from the centre of the Windmill, bearing south 45 chains 70 links to the Brisbane River, prolonged across that river, and thence south 60 chains; on the south by a line bearing east 140 chains; on the east by a line bearing north 49 chains 10 links to the Brisbane River, by that rivers upwards to the termination of the road running through Kangaroo Point, and thence by a straight line across the Brisbane River to the point of commencement.'

1846 W. Ross Johnston states in 'Brisbane the First Thirty Years' p. 114

'The hostility of the European community was increasing as the blacks made their stand. ............... Europeans put much blame upon the corroborrees, the fights, the 'pullen-pullen' between different groups. ............... In July 1846 'one of the most desperate fights' between two Aboriginal groups occurred at Kangaroo Point. This led all 'right-thinking persons' to urge that 'such exhibitions may in future be prevented from taking place in the township'. The blacks needed to be 'checked', to be put in their place. Europeans concluded that these 'pullen-pullen' always ended in violence and depredations, partly because the Aborigines were hungry after fasting. So the cry went out that such gatherings should be stopped by the military, with bayonets on the ready.' (44)

44. SMH, 13 March 1845, p.2, 22 March 1845, p. 2; MBC, 25 July 1846, p. 3; T. Dowse, 'Diaries', 26 February 1845.

1847 Kerkow quotes the T.B. Stephens in the Moreton Bay Courier, 16 January, 1847 Vol.1, No.31

'We have secured their country by the right of might, and by the right of might the whites will continure to possess it ........ they ought to be subdued by compulsion.'

1855 Kerkow states (appearing to quote Perry - 'Memoirs of the Hon. Sir Robert Philp, K.C.M.G., 1851 - 1922' by Harry C. Perry, Brisbane: Watson, Ferguson & Co., 1923.)

'From 1840 to 1855 Aborigines moved quite freely around the settlements, but after 1855 Blacks were prohibited from venturing inside Vulture and Boundary Streets after 4 p.m. or on Sundays.'

Perry however wrote p 21-

'Further on was the One Mile Swamp now the Brisbane Cricket Ground. This locality provided a favourite camping ground for the aboriginals, of whom there was a considerable number about. Because of their predatory instincts they were compelled to withdraw from the confines of the town by 4 o'clock each afternoon.'

1857 The Moreton Bay Courier (3/7/1857 p.3) is quoted by Rod Fisher in 'From depredation to degredation. - Brisbane the Aboriginal Presence 1824-1860' p. 35 as saying -

'These savages have been within the suburbs, if not actually within the town boundary at night. It is impossible for our small police force to maintain the regulation, and drive them out. ..................... We understand that the Native Police cannot be employed within the town to drive them out. The Magistrates are therefore obliged to make the best use they can of the Town Police when any disturbance occurs. ................................' (12)

The words 'maintain the regulation' point to the possibility of an actual regulation here. Likewise the bit about Native Police not being able to be employed within the town could be inferring that this is because under a curfew regulation they would not be allowed in the town themselves.

1859 Moreton Bay Courier (20/12/1859) p. 42 of Fisher

'The residents who live in the more immediate parts of the town are not acquainted with a tithe of the outrages which are committed; and for the sake of those who live on the outside prompt measures should be taken to ensure the exit of every aboriginal before evening sets in. ............ As the town is known to be quiet, it would not be amiss if special service was made by the police for a few weeks in the outside of the town after five or six o'clock in the afternoon.'(33)
In other words some sort of curfew has worked for the town proper and the M BC was wanting an unofficial extension into the suburbs.'

1859 'The Municipalities Act of 1859'
from 'Memoirs of the Hon. Sir Robert Philp, K.C.M.G., 1851 - 1922' by Harry C. Perry, Brisbane: Watson,Ferguson & Co., 1923. p. 19

'After a preamble setting out that the Proclamation was issued under the provisions of the New South Wales Act entitled 'The Municipalities Act of 1859,' pursuant to a petition from the residents, the Proclamation goes on to declare the boundaries of the new Municipality in the following most interesting language.'

What follows is the description of the boundary as previously.

1865 'Slater's Pocket Map of the City of Brisbane, 1865'
· p. 17 'South Bank an historical perspective from then until now' (BCC Lib)
· shows Boundary St. marked as City Boundary, Musgrave Park marked as Res. for Public Recreation, and West End school site marked as Cemetery.

late 1870's Evans in 'Brisbane: The Aboriginal Presence' p. 88 and Colliver & Woolston in

'Aboriginals in the Brisbane Area' p. 64 quote Carl Lentz as saying
'even in the late 1870's mounted troopers would ride about Brisbane 'after 4pm, cracking stockwhips' as a signal for Aborigines to leave town.' (23)

1881-1890
Kerkow (unpublished report for FAIRA) states -

'Officially, it seems, blacks were considered nonentities. However, there is a hint of Aboriginal presence in Musgrave Park in talk of 'nuisances' in the park and in the creation of by-laws that legalized the removal of 'undesirable persons' and forbade camping, lighting of fires, etc. (south Brisbane Municipal Council Minutes 1881 - 1890)

1897 'Aboriginal and Islanders Protection and Restriction of the Sale of Opium Act'
Ray Kerkhow, 'Aboriginal Places in Brisbane', unpub. paper, 1986 (FAIRA) quotes - G. Gutherine, 'Cherbourg: A Queensland Aboriginal Reserve'; Uni of New England, Armidale, 1977, p.7 -

'This act brought the complete exclusion of blacks from towns and cities; controls on their employment therein; and restriction of their access to alcohol and opium.'

Kerkhow continues

'This meant that in 1897, the blacks resident in fringe camps in parks and vacant land around Brisbane were forcibly removed to the reserves Dbbing Creek, Durundur, Fraser Island, Myoura, Cherbourg (Barambah).'

? Photograph on Plate xvi of 'Triumph In The Tropics: an historical sketch of Queensland', compiled and edited by Sir Raphael Cilento with the assistance of Clem Lack; Brisbane: Smith & Paterson, 1959. Held Oxley Library, & FAIRA.
No date on photograph.

states:
"Trespass" post, marking limit of aboriginal approach to Brisbane at night.
By courtesy of (Mrs.)Ann Finlay, granddaughter of T.B.Stephens who built "Coomboquepa" here. The site is now occupied by Somerville House, Vulture St., Sth. Brisbane. The people shown include members of his family.

The photo shows what appears to be a wooden post approx 1 m high, just outside their fence line. There appears to be some writing or illustration of some sort on the post.

The above notes are made available on the condition that if you do make use of them you will credit my research and the URL for this page. If you would like to publish whole or part of them please seek my permission.I'd welcome any suggestions, comments or possible additions to the above.

Daryll Bellingham, Storyteller
P.O. Box 5300, West End, Q4101,
Brisbane, Australia
Tel. 61 7 3846 3135

Email. dbelling@optusnet.com.au

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