Impersonating a Voter: Constructions of Race, and Conceptions of Subjecthood in the Franchise of Colonial New South Wales, c. 1850–1865

Abstract

ABSTRACTThis article investigates the treatment of Aboriginal Australians as politically entitled subjects within New South Wales during that colony's first elections under ‘universal’ male suffrage. Using the case of Yellow Jimmy, a ‘half-caste’ resident prosecuted for impersonating a white settler at an election in 1859, it examines the uncertainties that surrounded Aboriginal Australians’ position as British subjects within the colony's first constitutions. By contrast to the early colonial franchises of New Zealand and the Cape – where questions of indigenous residents’ access to enfranchisement dominated discussions of the colonies’ early constitutions – in the rare instances in which indigenous men claimed their right to vote in New South Wales, local officials used their own discretion in determining whether they held the political entitlements of British subjects. This formed a continuity with the earlier treatment of Aboriginal Australians under settler law, where British authority and imperial jurisdiction was often advanced ‘on-the-ground’ via jurists and administrators rather than via the statutes or orders of Parliament or the Colonial Office.