It is undisputed that the Myall Creek massacre of 1838, which saw the brutal murder of 28 Aboriginal Australians in the harsh conditions of colonial NSW, continues to be one of the darkest days in Australian history. As such it is appropriate in the light of modern considerations of reconciliation that the causes behind the events which took place at Myall Creek, and the consequences of the litigation which followed, be critically examined from both a legal and historical perspective. This essay seeks to explore why the litigation surrounding the Myall Creek massacre caused such disruption in the context of the frontier conditions of colonial NSW. It also seeks to examine the appropriateness of the actions of the colonial authorities, and the extent to which the atrocities which occurred following the completion of the trial of R v Kilmeister (No 2) can be attributed to the colonial Government. In making this examination this essay will consider both legal and historical sources, and demonstrate that the conflict between the law recognising Aboriginal Australians as subjects of the crown and therefore afforded protections of the state, and the sentiments of frontier colonists, caused an inconsistent application of the law, and ultimately resulted in further lawlessness on the colonial frontier with horrific consequences for Aboriginal Australians.
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