Myall Creek Massacre and Memorial Site is the heritage-listed site of and memorial for the victims of the Myall Creek massacre at Bingara Delungra Road, Myall Creek, Gwydir Shire, New South Wales, Australia. The memorial, which was unveiled in 2000, was added to the Australian National Heritage List on 7 June 2008 and the New South Wales State Heritage Register on 12 November 2010.
History
In the half century following the arrival of the First Fleet in 1788, a pattern of relations developed between Aboriginal people and European settlers that lasted into the 1900s. While the British Colonial Office instructed Arthur Phillip, the first Governor, to treat the Aboriginal population with goodwill and kindness, competition for resources and land following the expansion of European settlement invariably resulted in frontier conflict. Frontier violence posed a problem for the British administration because Aboriginal people and settlers were legally British subjects with the same rights and protection. Lack of resources and pressure from settlers however, made it increasingly difficult for the Administration to ensure the application of the rule of law.
The Myall Creek massacre in 1838, the subsequent court case and the hanging of seven settlers for the massacre of Aboriginal people, is pivotal in the development of the relationship between settlers and Aboriginal people. It is the first and last time that settlers were found guilty of, and hanged for, the killing of Aboriginal people on the frontier. It is the last time the Colonial Administration intervened to ensure the laws of the colony were applied equally to Aboriginal people and settlers involved in frontier killings. However, instead of setting a precedent that Aboriginal people could be protected under the law, Ryan (1980:20) states: the Myall Creek massacre and the ensuing cases had intensified the squatter's determination to have unfettered occupation of pastoral land. They were not prepared to wait while protectors rounded up the Aborigines, nor were they prepared to allow their stockkeepers to endure the full force of the law...for 1838 was the year that saw the final loss of control by government of pastoral expansion.
Colonial Administration's Response to Frontier Conflict
Aboriginal attacks on unarmed convicts were commonplace following the establishment of the settlement at Port Jackson in 1788. While some members of the Administration felt that the Aboriginal inhabitants of the area should be driven away and kept away by the judicious use of muskets, Governor Phillip attempted to establish friendly relations and trade. As a result of this policy, Phillip did not respond aggressively to the spearing of convicts by Aboriginal people. However, following the spearing and death of one of his servants in 1790, he authorised a punitive expedition against the "Botany Bay" tribe. He ordered the expedition to bring back two Aboriginal men to be hanged and the heads of a further ten Aboriginal men but it returned empty handed. Phillip never ordered another punitive expedition.
Phillip appears to have generally adopted a non-hostile approach to dealing with Aboriginal attacks. Conversely he ordered the flogging of settlers who took Aboriginal spears and nets or damaged Aboriginal canoes. Although Aboriginal witnesses to the floggings were horrified, Phillip used the floggings to demonstrate that settlers guilty of offences against Aboriginal people would be punished. In some cases he also provided compensation to Aboriginal people for their loss. However, following his departure in December 1792 all accommodation ended and the British Administration adopted a simpler solution: the unequal application of the law for settlers and Aboriginal people.
With the expansion of European settlement into the Hawkesbury and Hunter regions, frontier conflict intensified. This conflict was the result of competition for land which settlers required for crops and the grazing of sheep and cattle. Aboriginal people relied upon the same land for food and water. The initial response by the Administration was to dispatch troops to police the frontier, but the expanding area of land to be covered made this an increasingly difficult task. A lawless frontier environment soon existed where it was impossible to control the conflict between settlers and Aboriginal people. In response to this challenge the Administration ordered settlers to defend themselves and ordered Aboriginal people to stay away from European habitation. There is no evidence that Aboriginal people understood and agreed with these orders to stay away from European settlement as the conflict on the frontier continued.