Understanding laws of Country - Lessons from the Battle of Meerwah: Embedding Indigenous Legal Perspectives

Understanding laws of Country - Lessons from the Battle of Meerwah: Embedding Indigenous Legal Perspectives

Abstract: The Battle of Meerwah (also referred to as the Battle of One Tree Hill) 12 - 13th September 1843 represents a rare example of Aboriginal men and women - including members of the Jugerra Nation - successfully standing up to colonists. The earlier invasion of Aboriginal land, poisoning of between 50 - 60 Aboriginal people in 1842 on Kilcoy Station and the shooting of Moppy (an Aboriginal elder and father of Multuggerah, a leader during the battle) by a station employee, were likely triggers for the battle. Punitive vigilante action against Aborigines was not stopped by the authorities, as the colonists actions involved both local squatters and border police. This paper examines the legal environment at the time from both the colonists and Aboriginal perspectives. Colonial laws were incapable of addressing land ownership between races and lacked any dispute resolution facility. Both sets of laws, Aboriginal and colonial, are assessed in relation to ownership and connection to land. Their disparities are examined, conflicts highlighted, and the consequences dissected. The important lessons from the battle help us to focus on elements of law and history that can inform our current thinking. The lessons include the importance of reconciling both sources of law in respecting Country. The broader lessons go to the heart of reconciliation and the importance of respect both to Country and to each other and bringing both legal systems together with greater understanding.

Files associated with this item cannot be displayed due to copyright restrictions.