Traditional law and indigenous resistance at Moreton Bay 1842-1855, Part II

Connors, Libby (2006) Traditional law and indigenous resistance at Moreton Bay 1842-1855, Part II. Australia and New Zealand Law and History E-Journal. pp. 1-14.

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In the period 1842-1855 interracial conflict at Moreton Bay involving the Aboriginal leader, Dundalli, was characterised by colonial authorities as criminal. This paper continues the argument presented in ANZLHS E-Journal 2005, that these events were in fact consistent with a pattern of Indigenous law being enacted by the traditional owners of south-east Queensland.

The 2005 paper discussed the evidence surrounding events up to 1846; Part II shows how intervention by the colonial criminal justice system in December 1846 escalated the conflict but also how customary law at Moreton Bay contained mechanisms to limit and contain on-going feuds. It will argue that Dundalli’s final capture may have been based on his assumption that internal Indigenous restitution had been settled. In the end the theatre of his own execution and gallows speech provides further evidence that a parallel system of justice was operating in the region which the colonial authorities refused to acknowledge.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Part I is at
Faculty / Department / School: Historic - Faculty of Arts - Department of Humanities and International Studies
Date Deposited: 01 Apr 2010 07:36
Last Modified: 02 Jul 2013 23:44
Uncontrolled Keywords: customary law; interracial conflict; criminal justice
Fields of Research : 21 History and Archaeology > 2103 Historical Studies > 210301 Aboriginal and Torres Strait Islander History
16 Studies in Human Society > 1699 Other Studies in Human Society > 169902 Studies of Aboriginal and Torres Strait Islander Society
18 Law and Legal Studies > 1801 Law > 180119 Law and Society
Socio-Economic Objective: C Society > 95 Cultural Understanding > 9505 Understanding Past Societies > 950503 Understanding Australia's Past

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