Accessing Justice in the Settler State
from Part II - Citizenship Practices in the Settler State (1870–1903)
Published online by Cambridge University Press: 13 November 2025
During the 1890s, the Australian colonies were consciously planning their transition to federation and ‘white’ nationhood. Chapter 7 focuses upon this last decade of the nineteenth century to explore how Afghan traders, deemed ‘Asiatic aliens’, enlisted the protections of the law against encroaching discrimination. Access to justice under ‘the protection of the British flag’ was, in principle, available to every non-British subject who dwelt on British soil. Exercising that entitlement broke down the distinction between insiders and outsiders in ways that offered a form of ‘de facto’ citizenship. Nonetheless, to seek legal redress for injustice was not necessarily to receive justice. In comparison, naturalisation appeared to offer the more complete protection of British subjecthood rights. This last chapter closes with an examination of the naturalisation petitions of Syrian traders, another group of so-called ‘Asiatic aliens’, in the years leading to the passage of Australia’s Naturalisation Act (1903). In those petitions, a shared lexicon of justice appealed to an older, inclusive idea of the British Empire that was distinguished by liberal values of freedom and fair play.
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