(6) Proclamation of Martial Law

Gudyarra (war) and the Bicentennial of Martial Law, 2024 (6) - Proclamation of Martial Law

August.  Letters to the Editor of the Gazette continue.

Wiradjuri leaders spearheading the defence of their country include – ‘Saturday’(Windradyne), ‘Jingler’, ‘Simon’, ‘Joe’, ‘Blucher’, ‘Sunday’, ‘Old Bull’ (Bucca Bucca), Murundan/Murundah/‘Miranda’ chief of the Burra Burra.[1]

2 August.  ‘Subcriber’ writes about the ‘outrages and murders’ committed ‘upon our defenceless Stock-keepers’ and submits an Extract which includes ‘The savages seem naturally brave, and instead of now dreading us, seem to hold us cheaper than ever, and appear also to be combining together and moving in larger numbers than formerly.’ Earlier in the extract the writer insists ‘that the security dictated by the first law of our existence, as well as the retention of any out-stations, makes absolutely necessary the infliction of a very summary and severe chastisement; such as will not only impress them with a terror of our power, but keep them in such fear as will drive them to a distance from the establishments of the whites.’ (published on 5 August)

5 August.  ‘Philanthropos’ writes ‘Rather than trespass any further, should we not endeavour now to make reparation, and so prove to them, and to all mankind that we are not in principle, or in practice, less honourable…’

6 August.  The men accused of killing the Wiradjuri women ‘near Mudgee’ in May are tried.  They argue they were in fear of their lives.  Magistrate William Cox and Reverend Thomas Hassall speak in their defence. Cox argues that 'the natives may now be called at war with the Europeans, and that in his opinion, resistance is justifiable.'  Hassell vouches for the prisoners ‘excellent character’.  Cox also argues that Governor Macquarie’s Proclamation of 1816, where it is permitted to fire upon natives, is still in force.  Even though the Attorney General dismisses the 1816 Proclamation’s relevancy, the jury acquits all five men for lack of evidence. 

9 August.  ‘Honestus’ writes that ‘the natives are assembled in a body in the number of six or seven hundred, proclaiming about their hostile intensions’ and bemoans the few magistrates, constables and soldiers available for the protection of stock and property.  ‘Every true friend to the Aborigines must desire that they should be made, by terror, those lessons they have refused to acquire under a milder discipline.’ (published in the Gazette on 12 August)

14 August.  Governor Brisbane Proclaims Martial Law

“NEW SOUTH WALES. PROCLAMATION,

By His Excellency SIR THOMAS BRISBANE,

Knight Commander of the Most Honorable Military Order of the Bath, Captain General and Governor in Chief in and over His Majesty's Territory of New South Wales and its Dependencies, &c. &c. &c.

WHEREAS the ABORIGINAL NATIVES of the Districts near Bathurst…

AND WHEREAS the ordinary Powers of the Civil Magistrates (although most anxiously exerted) have failed to protect the Lives of His Majesty's Subjects…

AND WHEREAS, by Experience, it hath been found, many times, Bloodshed may be stopped by the Use of Arms against the Natives beyond the ordinary Rule of Law’…

NOW THEREFORE, by Virtue of the Authority in me vested by His Majesty's Royal Commission, I do declare, in Order to restore Tranquillity, MARTIAL LAW TO BE IN FORCE IN ALL THE COUNTRY WESTWARD OF MOUNT YORK… and all His Majesty's subjects are also hereby called upon to assist the Magistrates in executing such Measures as any one or more of the said Magistrates shall direct to be taken for the same Purpose, by such Ways and Means as are expedient,… always mindful, that the Shedding of Blood is only just where all other Means of Defence, or of Peace, are exhausted; that Cruelty is never lawful; and that, when personal Attacks become necessary, the helpless Women and Children are to be spared...[2]

Governor Brisbane orders the reinforcement of the garrison at Bathurst and the deployment of three divisions of soldiers and magistrates.

According to W. H. Suttor’s later record -‘To put a stop to these proceedings, martial law was proclaimed through all the country lying west of Mount York. Under this condition of things the blacks were shot down without any respect’ and ‘the wars and massacres continue.  All the Proclamation seems to do is give permission for intensified retribution by colonial forces, settlers and others…When martial law had run its course, extermination is the word that most aptly describes the result‘.[3]

Map, A. Maie 

Massacre at Brima/Brymair Valley[4]

One of the well-known massacres is that which occurs in the Brymair Valley, Dabee country.

As told by descendants of survivor ‘Jimmy Lambert’, fourteen year old ‘Jimmy’, is camped in the Brima Valley with his people.[5]  Two white stockmen with huts nearby lure and abduct a young Dabee woman and keep her for three days.  She escapes in ‘a dreadful condition’.  The Dabee men react, killing the stockmen, burning their huts and killing and eating their sheep.  Later a man arrives bringing provisions.  On seeing what has happened he rushes back to report it.  The Redcoats arrive taking the Dabee by surprise.  The Dabee men tell the women and children to climb the trees and then the men retreat to the opposite mountainside (Clandulla).  There is a battle and some Wiradjuri are wounded.  ‘Jimmy’ is shot in the leg.  The Redcoats pull back and return to the flats where they shoot every woman, girl and picaninny from the trees.   ‘Jimmy Lambert’ survives and later is given the title ‘King Jimmy of the Dabee Tribe’ by those who take his country and kill his people.[6]

17 August Amacitia is writing, ‘The total extermination of the Blacks, which is the measure *Fidelis* seems to recommend, would it be true, effectually prevent any future molestation; but it would be a needless, unmerited, and consequently a murderous destruction of our fellow men’, and that Wiradjuri attacks ‘were incensed by the wanton cruelty and shameful brutality with which some of the whites had treated them, and particularly their women’.  In spite of this support it is very clear that there is a general consensus that the British view themselves as being in control, the Wiradjuri are now to be considered British subjects, should toe the line and become ‘useful’. (published in the Gazette 26 August)

25 August – ‘The first meeting of NSW Legislative Council is held’.  The first decision made is to appoint (in absentia) ‘Lieutenant Governor Colonel William Stewart, who was integral to the formation and ultimately led the NSW Mounted Police to enforced British rule on the Wiradjuri Nation and Aboriginal nations across the colony’.[7]

Colonial Secretary Frederick Goulbourne organises a reward for the capture of Windradyne/’Saturday’ – ‘FIVE HUNDRED ACRES OF LAND will be given to any Individual, who will apprehend, or give over to any of the Civil Authorities, SATURDAY, a Black Native, and who is supposed to have been a principal Actor to the late Murders committed on the White People, at Bathurst’.[8]

Late August-Early September.  There is a lull in conflict.  In September the Gazette reports that ‘we are credibly informed, that, up to the 6th instant, no fresh disturbance was known at Bathurst to have occurred, on the part of the black natives’.

on or around 10 September – Battle with and massacre of Blucher’s people. After discovering and following cattle tracks somewhere in the vicinity of Mudgee Theodophilus Chamberlain and two companions catch up with a Wiradjuri[9] group and, in the ensuing battle, kill Blucher and two of his warriors.  The Wiradjuri are in the process of taking off with cattle from the Coxes ‘Dabee Farm’/’Rawdon’ near Rylstone.  Chamberlain and party retreat and regroup overnight.  The next day, while returning to Mudgee after an unsuccessful morning attempt at tracking the cattle, they come across the Wiradjuri’s empty camp and belongings, including a large number of weapons.  They throw the arms in the fires.[10]  When the Wiradjuri men, women and children rush back virtually weaponless Chamberlain and company mount their horses and wait until all remaining weapons are spent.  They then dismount and go on the attack with musket and bayonet until the Wiradjuri are ‘completely routed and dispersed’.  Sixteen Wiradjuri are reported killed.  Chamberlain and party return to Mudgee. 

Chamberlain continues to Bathurst to report to William Cox and then to Commandant Morrisset, including that Coxes and Lawsons stock is still missing.

‘A few days after’ Commandant Morisset deploys a punitive expedition of 4 Magistrates - Morisset, Lawson, Ranken and Walter (who later receives a land grant at Lue) – 40 soldiers of the 40^th Regiment and 5 mounted settlers.  Morisset’s September campaign is described by Governor Brisbane as ‘a system of keeping these unfortunate people in a constant state of alarm’ and, by the Gazette, ‘that they will come up with the natives and put an end to this sanguinary and desultory warfare’.

14 September.  Rev. William Walker writes a letter from Blacktown/Dharug Country - ‘the Blacks on the other side of the Blue Mountains have been particularly troublesome….I think that not fewer than a hundred blacks, men, women and children, have been butchered in return.’

16 September.  The Gazette reports on the battle of c. 10^th and ‘that some of them (‘black natives’) have been killed whilst in the act of driving off a considerable number of cattle belonging to Mr. Cox, near Mudgee’.

18 September.  Commandant Morisset divides his force into three to sweep the area.  Morisset, Lawson and a detachment head north (towards Mudgee).

30 Sept.  The Gazette again reports in detail on the incident near Mudgee ‘three weeks since’, that ‘one of the three natives that first fell, was a well known chief, named Boucher’.  The newspaper also reports on Commandant Morisset’s reprisal expedition.

Massacre of ‘Diana Mudgee’s’ people.  I am not sure where to place this as, so far, no definitive record has surfaced which indicates a date or details.  According to the oral history of descendants ‘Diana Mudgee Collins’ is recovered as a baby after surviving a massacre near Mt Frome, possibly at the Rocky Waterhole near Burrundulla, instigated by Theophilus Chamberlain.  Chamberlain is sacked by the Coxes in 1825. His involvement means that the massacre would have occurred before then.

© A. Maie, 2024

Further Reading

NOTE. This timeline is primarily based on the research and writing of Stephen Gapps in Gudyarra – recommended reading for a more detailed account of events and people involved.

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[1]  As can be seen the British rename, or give nicknames to, most of the leaders of the bands of warriors at the forefront of this war.  This means that traditional names are lost and with them the deeper meaning which connects and locates people to their Country, clan and Culture.

[2] Obviously this last instruction is not adhered to.  The full text - https://trove.nla.gov.au/newspaper/article/2176637

[3] W.H. Suttor, Stories Retold and Sketches of Country Life, p.45 and ‘The Massacres at Bathurst’ extracts in The Australian Abo Call (The National) 1 June 1938, p.3

[4] M. Lambert in Tribune, Wednesday 26 April 1961, p. 7, Madge Cowee nee Green Family History transcribed by Michael Murphey Cowie. 1965, and Gapps, Gudyarra, 184ff.

[5] It is possible that other clans have also gathered there for safety.

[6] Jimmy Lambert, or ‘King Jimmy’, and his story are well known, so much so that a poetic Eulogy is written and published in the Leader (Melbourne) in 1895 upon his death.

[7] Legislative Council Notice Paper No. 46, Wednesday 20^th March 2024, p. 70.

[8]  published as a Government Notice in the Gazette and New South Wales Advertiser on 2 September 1824

[9]  I am assuming because of their location and activity Blucher and his clan are Wiradjuri but there is no confirmation of this.

[10] ‘It appeared that the whole of the natives had been engaged in burying the three men that had been killed the preceding day.’ (Sydney Gazette, 30 September 1824, p. 2)