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natives themselves. This is founded on a wise principle. The savage and the social state are widely different. In the social state every individual sustaining an injury has the benefit of the collected wisdom of society to take his complaint into consideration. But it is not so among savages; in such a state, the passions become the ministers of justice. Amongst themselves the greatest injustice would arise, if that brute force to which they have recourse were to be restrained by the laws by which civilized society is bound. Besides, if we interfere in cases of acts of oppression on the persons of the aboriginal natives, committed amongst themselves, we must also interfere in questions of property, which very often give rise to those disputes, and thus have to administer justice in all their matters. For these reason, I do not think it just to apply our laws in cases arising solely between the natives themselves, and am of opinion that this man should be discharged from custody.
182:
Barrett, or
Monunggal as he was sometimes known, became especially well-regarded by Allman, and was given the title of 'Chief of the Port Macquarie Blacks' even though he was not from the region. By 1823, Barrett had been involved in a number of escaped convict captures, including one where he shot a
154:
group of
Indigenous Australians. His traditional name is mentioned as being Monunggal. As a young man he was regarded as powerful and intelligent by members of the British military establishment at the Newcastle penal colony and was utilised in tracking down and capturing escaped convicts around the
288:
By 1830, Barrett had returned to Port
Macquarie, where he was once more employed at the penal colony, capturing escaped convicts and otherwise assisting the military personnel there. He was involved in a sea rescue, where he and several other Aboriginal men, swam out and saved seven convicts and
244:
to interfere with the savage tribes, whose countries we have taken possession of, in occupying a foreign country, the laws that are imported have reference only to the subjects of the parent state; I am not aware that those laws were ever applied to transactions taking place between the original
260:, revealed the unwillingness of the British to protect Aboriginal Australians under their legal system, or even to recognise them as more than 'savages', let alone as British subjects. The case also set an important precedent of
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and beat to death with waddies. Barrett, who was conspicuous in his signature outfit of an old soldier's jacket, and two of his associates were soon apprehended and found guilty of murder by a hastily convened coroner's court.
33:
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In the same year, Barrett was given the title of 'captain' and placed in a non-commissioned officer role over a detachment of eleven other armed
Aboriginal men. This force was to proceed to
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in order to discharge
Barrett. Forbes' reason for this was to absolve the courts of any responsibility over "the quarrels between the aboriginal natives". Forbes further stated that:
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convict settlements, where he was employed in the tracking and capture of escaped convicts. He was also involved in a famous court case which set a precedent for
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people and, similar to
Newcastle, used to track down and capture escaped convicts. They were given firearms and the informal rank of 'bush constables'.
548:
494:
438:
378:
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175:, the first Commandant of the Port Macquarie penal colony, utilised Barrett, Biraban and Jemmy to help establish communication with the local
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had also started to raid the region by 1825, and
Barrett was again prominent in the military expeditions to capture or kill them.
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Not much is known about
Barrett's early life, apart from that he was born in the Newcastle or Lake Macquarie region of
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in 1836, remains relevant in modern
Australian legal cases involving traditional Aboriginal practices of
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period of 1817 to 1821. He was also trained in the use of firearms and became a very good marksman.
610:
131:
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605:
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Extract of a painting showing an
Awabakal man, probably Bob Barrett, in a soldier's jacket
8:
382:. Vol. XXVII, no. 1622. New South Wales, Australia. 19 February 1829. p. 2
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in Australia, which, although somewhat overturned by a subsequent similar case called
580:. Vol. III, no. 209. New South Wales, Australia. 28 October 1833. p. 4
576:
552:. Vol. XXVIII, no. 1812. New South Wales, Australia. 11 May 1830. p. 3
498:. Vol. XXVII, no. 1671. New South Wales, Australia. 16 June 1829. p. 2
442:. Vol. XXIII, no. 1128. New South Wales, Australia. 30 June 1825. p. 4
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122:. He was a trusted part of the British military establishment at the Newcastle and
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519:"Recognition of Indigenous Legal Autonomy in Nineteenth Century New South Wales"
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clan named Borondire (aka 'Dirty Dick'), whom they dragged to the shore near
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Barrett was subsequently released and was soon returned to Port Macquarie.
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to assist in the establishment of a new convict settlement there. Captain
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In February 1829, Barrett and several other Awabakal men were staying in
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rank in an abortive Aboriginal paramilitary unit designed to engage with
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seemed to confirm the outcome of the Barrett case over that of Murrell.
470:. No. 381. New South Wales, Australia. 20 February 1829. p. 3
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retribution. In 1841, the findings of the similar legal proceeding of
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In 1821, Barrett together with two other well-known Awabakal men in
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convict dead. His name was subsequently feared by the prisoners.
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and Jemmy Jackass (aka Werakata), were assigned to be taken to
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Monunggal, Robert Barrett, Bob Barratt, Bob Barnett, Ballard.
308:. However, this unit was disbanded before it was deployed.
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around the year 1795 and is regarded as being part of the
360:
Australian Reminiscences and Papers of L.E. Threlkeld
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289:soldier whose boat had overturned in the harbour.
549:The Sydney Gazette and New South Wales Advertiser
495:The Sydney Gazette and New South Wales Advertiser
439:The Sydney Gazette and New South Wales Advertiser
379:The Sydney Gazette and New South Wales Advertiser
216:. They encountered a drunk Aboriginal man of the
597:
334:List of Indigenous Australian historical figures
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228:Barrett was placed in custody, but by June the
410:Place of Banishment, Port Macquarie 1818-1832
588:– via National Library of Australia.
560:– via National Library of Australia.
506:– via National Library of Australia.
478:– via National Library of Australia.
450:– via National Library of Australia.
390:– via National Library of Australia.
358:Threlkeld, Lancelot; Gunson, Neil (1974).
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434:"TO THE EDITOR OF THE SYDNEY GAZETTE"
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252:This case, often mistakenly known as
130:in Australia, and was later given a
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13:
14:
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517:Kercher, Bruce (5 January 1998).
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107:– 15 October 1833) was a notable
412:. Sydney: Hale & Iremonger.
230:Chief Justice of New South Wales
138:resisting British colonisation.
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1:
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16:Indigenous Australian tracker
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256:when its correct title is
236:, brought his case to the
120:Newcastle, New South Wales
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408:McLachlan, Iaen (1988).
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132:non-commissioned officer
523:Indigenous Law Bulletin
374:"Shipping Intelligence"
298:George James MacDonald
247:
490:"Supreme Civil Court"
302:Aboriginal Tasmanians
300:to fight against the
296:under the leadership
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194:R v Ballard (Barrett)
136:Aboriginal Tasmanians
114:from the area around
112:Indigenous Australian
462:"CORONER'S INQUEST"
544:"THE TREE CABBAGE"
204:and engaging in a
577:The Sydney Herald
362:. Canberra: AIAS.
294:Van Diemen's Land
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572:"Family Notices"
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128:legal pluralism
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73:15 October 1833
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173:Francis Allman
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116:Lake Macquarie
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582:. Retrieved
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554:. Retrieved
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606:1833 deaths
266:R v Murrell
258:R v Barrett
254:R v Ballard
187:Bushrangers
105: 1795
94:Bob Barrett
50: 1795
25:Bob Barrett
600:Categories
419:0868063177
340:References
284:Later life
277:R v Bonjon
142:Early life
69:1833-10-15
584:5 January
556:5 January
528:5 January
502:5 January
474:5 January
446:5 January
386:5 January
306:Black War
210:The Rocks
206:pub crawl
98:Monunggal
328:See also
322:smallpox
271:inter se
152:Awabakal
109:Awabakal
304:in the
208:around
165:Biraban
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202:Sydney
177:Birpai
57:region
312:Death
586:2024
558:2024
530:2024
504:2024
476:2024
448:2024
414:ISBN
388:2024
218:Eora
212:and
118:and
63:Died
43:Born
96:or
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574:.
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521:.
492:.
464:.
436:.
396:^
376:.
348:^
324:.
232:,
102:c.
47:c.
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422:.
100:(
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67:(
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