Upon bringing to a close the narrative of an Expedition of Discovery in
Australia, during the progress of which an extensive portion of the
previously unknown parts of that continent were explored, I have thought
it might not be uninteresting to introduce a few pages on the subject of
the Aborigines of the country.
It would afford me much gratification to see an interest excited on their
behalf proportioned to the claims of a people who have hitherto been
misjudged or misrepresented.
For the last twelve years I have been personally resident in one or other
of the Australian Colonies, and have always been in frequent intercourse
with the aboriginal tribes that were near, rarely being without some of
them constantly with me as domestics.
To the advantages of private opportunities of acquiring a knowledge of
their character were added, latterly, the facilities afforded by my
holding a public appointment in South Australia, in the midst of a
district more densely populated by natives than any in that Colony, where
no settler had ventured to locate, and where, prior to my arrival in
October 1841, frightful scenes of bloodshed, rapine, and hostility
between the natives and parties coming overland with stock, had been of
frequent and very recent occurrence.
As Resident Magistrate of the Murray District, I may almost say, that for
the last three years I have lived with the natives. My duties have
frequently taken me to very great distances up the Murray or the Darling
rivers, when I was generally accompanied only by a single European, or at
most two, and where, if attacked, there was no possibility of my
receiving any human aid. I have gone almost alone among hordes of those
fierce and blood-thirsty savages, as they were then considered, and have
stood singly amongst them in the remote and trackless wilds, when
hundreds were congregated around, without ever receiving the least injury
or insult.
In my first visits to the more distant tribes I found them shy, alarmed,
and suspicious, but soon learning that I had no wish to injure them, they
met me with readiness and confidence. My wishes became their law; they
conceded points to me that they would not have done to their own people,
and on many occasions cheerfully underwent hunger, thirst, and fatigue to
serve me.
Former habits and prejudices in some respects gave way to the influence I
acquired. Tribes that never met or heard of one another before were
brought to mingle in friendly intercourse. Single individuals traversed
over immense distances and through many intervening tribes, which
formerly they never could have attempted to pass, and in accomplishing
this the white man's name alone was the talisman that proved their
safe-guard and protection.
During the whole of the three years I was Resident at Moorunde, not a
single case of serious injury or aggression ever took place on the part
of the natives against the Europeans; and a district, once considered the
wildest and most dangerous, was, when I left it in November 1844, looked
upon as one of the most peaceable and orderly in the province.
Independently of my own personal experience, on the subject of the
Aborigines, I have much pleasure in acknowledging the obligations I am
under to M. Moorhouse, Esq. Protector of Aborigines in Adelaide, for his
valuable assistance, in comparing and discussing the results of our
respective observations, on matters connected with the natives, and for
the obliging manner in which he has furnished me with many of his own
important and well-arranged notes on various points of interest in their
history.
By this aid, I am enabled, in the following pages, to combine my own
observations and experience with those of Mr. Moorhouse, especially on
points connected with the Adelaide Tribes. In some cases, extracts from
Mr. Moorhouse's notes, will be copied in his own words, but in most I
found an alteration or rearrangement to be indispensable to enable me to
connect and amplify the subjects: I wish it to be particularly
understood, however, that with any deductions, inferences, remarks, or
suggestions, that may incidentally be introduced, Mr. Moorhouse is
totally unconnected, that gentleman's notes refer exclusively to abstract
matters of fact, relating to the habits, customs, or peculiarities of the
people treated of, and are generally confined to the Adelaide Tribes.
[Note 38: Some few of these notes were printed in the Colony, in a
detached form, as Reports to the Colonial Government, or in the
Vocabularies of the Missionaries, and since my return to England I find
others have been published in papers, ordered to be printed by the House
of Commons, in August 1844. From the necessity, however, of altering in
some measure the phraseology, to combine Mr. Moorhouse's remarks with my
own, and to preserve a uniformity in the descriptions, it has not been
practicable or desirable in all cases, to separate or distinguish by
inverted commas, those observations which I have adopted. I have,
therefore, preferred making a general acknowledgment of the use I have
made of the notes that were supplied to me by Mr. Moorhouse.]
In the descriptions given in the following pages, although there may
occasionally be introduced, accounts of the habits, manners, or customs
of some of the tribes inhabiting different parts of Australia I have
visited, yet there are others which are exclusively peculiar to the
natives of South Australia. I wish it, therefore, to be understood, that
unless mention is made of other tribes, or other parts of the continent,
the details given are intended to apply to that province generally, and
particularly to the tribes in it, belonging to the districts of Adelaide
and the Murray river.
As far as has yet been ascertained, the whole of the aboriginal
inhabitants of this continent, scattered as they are over an immense
extent of country, bear so striking a resemblance in physical appearance
and structure to each other; and their general habits, customs, and
pursuits, are also so very similar, though modified in some respects by
local circumstances or climate, that little doubt can be entertained that
all have originally sprung from the same stock. The principal points of
difference, observable between various tribes, appear to consist chiefly
in some of their ceremonial observances, and in the variations of dialect
in the language they speak; the latter are, indeed, frequently so great,
that even to a person thoroughly acquainted with any one dialect, there
is not the slightest clue by which he can understand what is said by a
tribe speaking a different one.
The only account I have yet met with, which professed to give any
particular description of the Aborigines of New Holland, is that
contained in the able papers upon this subject, by Captain Grey, in the
second volume of his travels. When it is considered, that the material
for that purpose was collected by the author, during a few months
interval between his two expeditions, which he spent at Swan River, and a
short time subsequently passed at King George's Sound, whilst holding the
appointment of Government Resident there; it is perfectly surprising that
the amount of information amassed should be so great, and so generally
correct, on subjects where so many mistakes are liable to be made, in all
first inquiries, when we are ignorant of the character and habits of the
people of whom information is to be sought, and unacquainted with the
language they speak.
The subject, however, upon a portion of which Captain Grey so
successfully entered, is very extensive, and one which no single
individual, except by the devotion of a life-time, could hope fully to
discuss. The Continent of Australia is so vast, and the dialects,
customs, and ceremonies of its inhabitants so varied in detail, though so
similar in general outline and character, that it will require the lapse
of years, and the labours of many individuals, to detect and exhibit the
links which form the chain of connection in the habits and history of
tribes so remotely separated; and it will be long before any one can
attempt to give to the world a complete and well-drawn outline of the
whole.
It is not therefore to satisfy curiosity, or to interrupt the course of
inquiry, that I enter upon the present work; I neither profess, nor could
I attempt to give a full or matured account of the Aborigines of New
Holland. Captain Grey's descriptions on this subject are limited to the
races of South-western, as mine are principally directed to those of
Southern Australia, with occasionally some remarks or anecdotes relating
to tribes in other parts of the Continent with whom I have come in
contact.
The character of the Australian native has been so constantly
misrepresented and traduced, that by the world at large he is looked upon
as the lowest and most degraded of the human species, and is generally
considered as ranking but little above the members of the brute creation.
Savages have always many vices, but I do not think that these are worse
in the New Hollanders, than in many other aboriginal races. It is said,
indeed, that the Australian is an irreclaimable, unteachable being; that
he is cruel, blood-thirsty, revengeful, and treacherous; and in support
of such assertions, references are made to the total failure of all
missionary and scholastic efforts hitherto made on his behalf, and to
many deeds of violence or aggression committed by him upon the settler.
[Note 39: I cannot adduce a stronger proof in support of the position I
assume, in favour of the natives, than by quoting the clear and just
conclusions at which the Right Honourable Lord Stanley, the present
Secretary of State for the Colonies, arrived, when considering the case of
some collisions with the natives on the Ovens River, and after a full
consideration of the various circumstances connected with the occurrence.
In a despatch to Governor Sir G. Gipps, dated 5th October, 1841, Lord
Stanley says, "Contrasting the accounts of the Aborigines given by Mr.
Docker with those given by Mr. Mackay, and the different terms on which
those gentlemen appear to be with them in the same vicinity, I cannot
divest myself of the apprehension that the fault in this case lies with
the colonists rather than with the natives. It was natural, that conduct
so harsh and intemperate as that of the Messrs. Mackay should be signally
visited on them, and probably also on wholly unoffending persons, by a
race of uninstructed and ignorant savages. At the same time the case of
Mr. Docker affords a most satisfactory instance of natives entering into
permanent service with white men, and working, as they appear to do,
steadily for wages."]
With respect to the first point, I consider that an intimate knowledge of
the peculiar habits, laws, and traditions, by which this people are
governed, is absolutely necessary, before any just opinion can be formed
as to how far the means hitherto pursued, have been suitable, or adapted
to counteract the influence of custom and the force of prejudice. Until
this knowledge is attained, we have no right to brand them as either
irreclaimable, or unteachable. My own impression, after long experience,
and an attentive consideration of the subject, is, that in the present
anomalous state of our relations with the Aborigines, our measures are
neither comprehensive enough for, nor is our system sufficiently adapted
to, the singular circumstances they are in, to enable us successfully to
contend with the difficulties and impediments in the way of their rising
in the scale of civilization.
Upon the second point it is also necessary to make many inquiries before
we arrive at our conclusions; and I have no doubt, if this be done with
calmness, and without prejudice, it will be generally found that there
are many extenuating circumstances which may be brought to modify our
judgment. I am anxious, if possible, to place a few of these before the
public, in the hope, that by lessening in some degree the unfavourable
opinion heretofore entertained of the Aborigines, they may be considered
for the future as more deserving our sympathy and benevolence.
Without assuming for the native a freedom from vice, or in any way
attempting to palliate the many brutalising habits that pollute his
character, I would still contend that, if stained with the excesses of
unrestrained passions, he is still sometimes sensible to the better
emotions of humanity. Many of the worst traits in his character are the
result of necessity, or the force of custom—the better ones are
implanted in him as a part of his nature. With capabilities for
receiving, and an aptness for acquiring instruction, I believe he has
also the capacity for appreciating the rational enjoyments of life.
Even in his present low and debased condition, and viewed under every
disadvantages, I do not imagine that his vices would usually be found
greater, or his passions more malignant than those of a very large
proportion of men ordinarily denominated civilised. On the contrary, I
believe were Europeans placed under the same circumstances, equally
wronged, and equally shut out from redress, they would not exhibit half
the moderation or forbearance that these poor untutored children of
impulse have invariably shewn.
It is true that occasionally many crimes have been committed by them, and
robberies and murders have too often occurred; but who can tell what were
the provocations which led to, what the feelings which impelled such
deeds? Neither have they been the only or the first aggressors, nor has
their race escaped unscathed in the contest. Could blood answer blood,
perhaps for every drop of European's shed by natives, a torrent of their,
by European hands, would crimson the earth.
[Note 40: "The whites were generally the aggressors. He had been informed
that a petition had been presented to the Governor, containing a list of
nineteen murders committed by the blacks. He could, if it were necessary,
make out a list of five hundred blacks who had been slaughtered by the
whites, and that within a short time."—Extract from speech of Mr.
Threlkeld to the Auxiliary Aborigines' Protection Society in New South
Wales. Abstract of a "Return of the number of homicides committed
respectively by blacks and whites, within the limits of the northwestern
district (of Port Phillip), since its first occupation by settlers—"
"Total number of white people killed by Aborigines 8
"Total number of Aborigines killed by white people 43."
This is only in one district, and only embraces such cases as came to the
knowledge of Mr. Protector Parker. For particulars vide Papers on
Aborigines of Australian Colonies, printed for the House of Commons,
August 1844, p. 318.]
Let us now inquire a little, upon whose side right and justice are
arrayed in palliation (if any such there can be) of deeds of violence or
aggression on the part of either.
It is an undeniable fact, that wherever European colonies have been
established in Australia, the native races in that neighbourhood are
rapidly decreasing, and already in some of the elder settlements, have
totally disappeared. It is equally indisputable that the presence of the
white man has been the sole agent in producing so lamentable an effect;
that the evil is still going on, increased in a ratio proportioned to the
number of new settlements formed, or the rapidity with which the settlers
overrun new districts. The natural, the inevitable, but the no less
melancholy result must be, that in the course of a few years more, if
nothing be done to check it, the whole of the aboriginal tribes of
Australia will be swept away from the face of the earth. A people who, by
their numbers, have spread around the whole of this immense continent,
and have probably penetrated into and occupied its inmost recesses, will
become quite extinct, their name forgotten, their very existence but a
record of history.
It is a popular, but an unfair and unwarranted assumption, that these
consequences are the result of the natural course of events; that they
are ordained by Providence, unavoidable, and not to be impeded. Let us at
least ascertain how far they are chargeable upon ourselves.
Without entering upon the abstract question concerning the right of one
race of people to wrest from another their possessions, simply because
they happen to be more powerful than the original inhabitants, or because
they imagine that they can, by their superior skill or acquirements,
enable the soil to support a denser population, I think it will be
conceded by every candid and right-thinking mind, that no one can justly
take that which is not his own, without giving some equivalent in return,
or deprive a people of their ordinary means of support, and not provide
them with any other instead. Yet such is exactly the position we are in
with regard to the inhabitants of Australia.
[Note 41: "The invasion of those ancient rights (of the natives) by
survey and land appropriations of any kind, is justifiable only on the
ground, that we should at the same time reserve for the natives an AMPLE
SUFFICIENCY for THEIR PRESENT and future use and comfort, under the new
style of things into which they are thrown; a state in which we hope they
will be led to live in greater comfort, on a small space, than
they enjoyed before it occurred, on their extensive original
possessions."—Reply of His Excellency Colonel Gawler, to the gentlemen
who objected to sections of land being appropriated for the natives,
before the public were allowed to select.]
Without laying claim to this country by right of conquest, without
pleading even the mockery of cession, or the cheatery of sale, we have
unhesitatingly entered upon, occupied, and disposed of its lands,
spreading forth a new population over its surface, and driving before us
the original inhabitants.
To sanction this aggression, we have not, in the abstract, the slightest
shadow of either right or justice—we have not even the extenuation of
endeavouring to compensate those we have injured, or the merit of
attempting to mitigate the sufferings our presence inflicts.
It is often argued, that we merely have taken what the natives did not
require, or were making no use of; that we have no wish to interfere with
them if they do not interfere with us, but rather that we are disposed to
treat them with kindness and conciliation, if they are willing to be
friends with us. What, however, are the actual facts of the case; and
what is the position of a tribe of natives, when their country is first
taken possession of by Europeans.
It is true that they do not cultivate the ground; but have they,
therefore, no interest in its productions? Does it not supply grass for
the sustenance of the wild animals upon which in a great measure they are
dependent for their subsistence?—does it not afford roots and vegetables
to appease their hunger?—water to satisfy their thirst, and wood to make
their fire?—or are these necessaries left to them by the white man when
he comes to take possession of their soil? Alas, it is not so! all are in
turn taken away from the original possessors. The game of the wilds that
the European does not destroy for his amusement are driven away by his
flocks and herds. [Note 42 at end of para.] The waters are occupied and
enclosed, and access to them in frequently forbidden. The fields are
fenced in, and the natives are no longerat liberty to dig up roots—the
white man claims the timber, and the very firewood itself is occasion
ally denied to them. Do they pass by the habitation of the intruder, they
are probably chased away or bitten by his dogs, and for this they can
get no redress. [Note 43 at end of para.] Have they dogs of their own,
they are unhesitatingly shot or worried because they are an annoyance to
the domestic animals of the Europeans. Daily and hourly do their wrongs
multiply upon them. The more numerous the white population becomes, and
the more advanced the stage of civilization to which the settlement
progresses, the greater are the hardships that fall to their lot and the
more completely are they cut off from the privileges of their birthright.
All that they have is in succession taken away from them—their
amusements, their enjoyments, their possessions, their freedom—and all
that they receive in return is obloquy, and contempt, and degradation,
and oppression. [Note 44 appears after note 43, below]
[Note 42: "But directly an European settles down in the country, his
constant residence in one spot soon sends the animals away from it, and
although he may in no other way interfere with the natives, the mere
circumstance of his residing there, does the man on whose land he settles
the injury of depriving him of his ordinary means of subsistence."—GREY'S
TRAVELS, vol. ii. p. 298.
"The great question was, were we to give them no equivalent for that which
we had taken from them? Had we deprived them of nothing? Was it
nothing that they were driven from the lands where their fathers
lived, where they were born and which were endeared to them by
associations equally strong with the associations of more civilsed
people? He believed that their affections were as warm as the Europeans."
"Perhaps he obtained his subsistence by fishing, and occupied a slip of
land on the banks of a river or the margin of a lake. Was he to be turned
off as soon as the land was required, without any consideration
whatever?" "Had any proper attempt been made for their civilization? They
had not yet had fair play—they had been courted by the missionaries with
the Bible on the one hand, and had at the sametime been driven away and
destroyed by the stock-keepers on the other. He thought that they might
be reclaimed if the proper course was adopted."—EXTRACTS FROM THE SPEECH
OF SYDNEY STEPHEN, ESQ., AT A MEETING ON BEHALF OF THE ABORIGINES IN
SYDNEY, OCTOBER 19, 1838.
I have myself repeatedly seen the natives driven off private lands in the
vicinity of Adelaide, and their huts burned, even in cold wet weather.
The records of the Police Office will shew that they have been driven off
the Park lands, or those belonging to Government, or at least that they
have been brought up and punished for cutting wood from the trees there.
What are they to do, when there is not a stick or a tree within miles of
Adelaide that they can legally take?]
[Note 43: I have known repeated instances of natives in Adelaide
being bitten severely by savage dogs rushing out at them from the
yards of their owners, as they were peaceably passing along the street. On
the other hand I have known a native imprisoned for throwing his waddy at,
and injuring a pig, which was eating a melon he had laid down for a moment
in the street, and when the pig ought not to have been in the street at
all. In February 1842, a dog belonging to a native was shot by order of
Mr. Gouger, the then Colonial Secretary, and the owner as soon as he
became aware of the circumstance, speared his wife for not taking better
care of it, although she could not possibly have helped the occurrence. If
natives then revenge so severely such apparently trivial offences among
themselves, can we wonder that they should sometimes retaliate upon us
for more aggravated ones.]
[Note 44: The following are extracts from an address to a jury, when
trying some aboriginal natives, by Judge Willis. They at least shew some
of the BLESSINGS the Aborigines experience from being made British
subjects, and placed under British laws:—"I have, on a recent occasion,
stated my opinion, which I still entertain, that the proprietor of a run,
or, in other words, one who holds a lease or license from the Crown to
depasture certain Crown lands, may take all lawful means to prevent either
natives or others from entering or remaining upon it." "The aboriginals of
Van Diemen's Land were strictly commanded, by Governor Arthur's
proclamation of the 15th of April 1828 (a proclamation of which His
Majesty King George the Fourth, through the Right honourable the then
Secretary of State, by a dispatch of the 2nd of February, 1829, under the
circumstances, signified his approval,) "to retire and depart from, and
for no reason, and no pretence, save as therein provided, (viz.
travelling annually to the sea coast in quest of shellfish, under certain
regulations,) to re-enter the settled districts of Van Diemen's Land, or
any portions of land cultivated and occupied by any person whomsoever,
under the authority of Her Majesty's Government, on pain of forcible
expulsion therefrom, and such consequences as might be necessarily
attendant on it, and all magistrates and other persons by them authorized
and deputed, were required to conform themselves to the directions and
instructions of this proclamation, in effecting the retirement and
expulsion of the Aborigines from the settled districts of that
territory."]
What are they to do under such circumstances, or how support a life so
bereft of its wonted supplies? Can we wonder that they should still
remain the same low abject and degraded creatures that they are,
loitering about the white man's house, and cringing, and pandering to the
lowest menial for that food they can no longer procure for themselves? or
that wandering in misery through a country, now no longer their own,
their lives should be curtailed by want, exposure, or disease? If, on the
other hand, upon the first appearance of Europeans, the natives become
alarmed, and retire from their presence, they must give up all the haunts
they had been accustomed to frequent, and must either live in a starving
condition, in the back country, ill supplied with game, and often wanting
water, or they must trespass upon the territory of another tribe, in a
district perhaps little calculated to support an additional population,
even should they be fortunate enough to escape being forced into one
belonging to an enemy.
Under any circumstances, however, they have but little respite from
inconvenience and want. The white man rapidly spreads himself over the
country, and without the power of retiring any further, they are
overtaken, and beset by all the evils from which they had previously
fled.
Such are some of the blessings held out to the savage by civilization,
and they are only some of them. The picture is neither fanciful nor
overdrawn; there is no trait in it that I have not personally witnessed,
or that might not have been enlarged upon; and there are often other
circumstances of greater injury and aggression, which, if dwelt upon,
would have cast a still darker shade upon the prospects and condition of
the native.
Enough has, however, perhaps been said to indicate the degree of injury
our presence unavoidably inflicts. I would hope, also, to point out the
justice, as well as the expediency of appropriating a considerable
portion of the money obtained, by the sales of land, towards alleviating
the miseries our occupation of their country has occasioned to the
original owners.
[Note 44a: "That it appears to memorialists that the original occupants of
the soil have an irresistible claim on the Government of this country for
support, inasmuch as the presence of the colonists abridges their means
of subsistence, whilst it furnishes to the public treasury a large
revenue in the shape of fees for licences and assessments on stock,
together with the very large sums paid for land seized by the Crown, and
alienated to private individuals.
"That it appears to memorialists that the interests at once of the
natives and the colonists would be most effectually promoted by the
government reserving suitable portions of land within the territorial
limits of the respective tribes, with the view of weaning them
from their erratic habits, forming thereon depots for supplying
them with provisions and clothing, under the charge of individuals
of exemplary moral character, taking at the same time an interest
in their welfare, and who would endeavour to instruct them in agricultural
and other useful arts."—Extract from Memorial of the Settlers of
the County of Grant, in the district of Port Phillip, to His Excellency
Sir G. Gipps, in 1840.]
Surely if we acknowledge the first principles of justice, or if we admit
the slightest claims of humanity on behalf of these debased, but harshly
treated people, we are bound, in honour and in equity, to afford them
that subsistence which we have deprived them of the power of providing
for themselves.
It may, perhaps, be replied, and at first it might seem, with some
appearance of speciousness, that all is done that can be done for them,
that each of the Colonial Governments annually devotes a portion of its
revenue to the improvement, instruction, and maintenance of the natives.
So far this is very praiseworthy, but does it in any degree compensate
for the evil inflicted?
The money usually voted by the councils of Government, towards defraying
expenses incurred on behalf of the Aborigines of Australia, is but a very
small per centage upon the sums that have been received for the sales of
lands, and is principally expended in defraying the salaries of
protectors, in supporting schools, providing food or clothing for one or
two head stations, and perhaps supplying a few blankets once in the year
to some of the outstations. Little is expended in the daily provisioning
of the natives generally, and especially in the more distant country
districts least populated by Europeans, but most densely occupied by
natives, and where the very thinness of the European inhabitants
precludes the Aborigines from resorting to the same sources to supply
their wants, that are open to them in a town, or more thickly inhabited
district. Such are those afforded by the charity of individuals, by the
rewards received for performing trifling services of work, by the
obtaining vast quantities of offal, or of broken victuals, which are
always abundant in a country where animal food is used in excess, and
where the heat of the climate daily renders much of it unfit for
consumption in the family, and by others of a similar nature.
Such resources, however humiliating and pernicious they are in their
effects, are not open to the tribes living in a district almost
exclusively occupied by the sheep or cattle of the settler, and where the
very numbers of the stock only more completely drive away the original
game upon which the native had been accustomed to subsist, and hold out a
greater temptation to him to supply his wants from the superabundance
which he sees around him, belonging to those by whom he has been
dispossessed. The following appropriate remarks are an extract from
Report of Aborigines' Protection Society, of March, 1841, (published in
the South Australian Register, 4th December, 1841.)
"Under that system it is obvious to every coloured man, even the least
intelligent, that the extending settlements of the Europeans involve a
sentence of banishment, and eventual extermination, upon his tribe and
race. Major Mitchell, in his travels, refers to this apprehension on the
part of the Aborigines—"White man come, Kangaroo go away"—from which as
an inevitable consequence follows—"black man famished away." If, then,
this appears a necessary result of the unjust, barbarous, unchristian
mode of colonization pursued in New Holland, over-looking the other
incidental, and more pointedly aggravating provocations, to the coloured
man, associated with that system, how natural, in his case, is an enmity
which occasionally visits some of the usurping race with death! We call
the offence in him MURDER; but let the occasion be only examined, and we
must discover that, in so designating it, we are imposing geographical,
or national restrictions, upon the virtue of patriotism; or that in the
mani-festations of that principle, we make no allowances for the
influence on its features of the relative degradation or elevation of
those among whom it is met.
"Our present colonization system renders the native and the colonizing
races from necessity belligerents; and there can be no real peace, no
real amity, no mutual security, so long as that system is not substituted
by one reconciling the interest of both races. Colonists will fall before
the spears and the waddies of incensed Aborigines, and they in return
will be made the victims of 'summary justice.'
"In cases of executive difficulty, the force of popular prejudice will be
apt to be too strong for the best intentioned Governor to withstand it;
Europeans will have sustained injury; the strict forms of legal justice
may be found of difficult application to a race outcast or degraded,
although ORIGINALLY in a condition fitted to appreciate them, to benefit
by them, and reflect their benefits upon others; impatient at this
difficulty, the delay it may occasion, and the shelter from ultimate
punishment, the temptation will ever be strong to revert to summary
methods of proceeding; and thus, as in a circle, injustice will be found
to flow reciprocal injury, and from injury injustice again, in another
form. The source of all these evils, and of all this injustice, is the
unreserved appropriation of native lands, and the denial, in the first
instance of colonization, of equal civil rights. To the removal of those
evils, so far as they can be removed in the older settlements, to their
prevention in new colonies, the friends of the Aborigines are invoked to
direct their energy; to be pacified with the attainment of nothing less;
for nothing less will really suffice."
Can it be deemed surprising that a rude, uncivilized being, driven from
his home, deprived of all his ordinary means of subsistence [Note 45 at
end of para.], and pressed perhaps by a hostile tribe from behind, should
occasionally be guilty of aggressions or injuries towards his oppressors?
The wonder rather is, not that these things do sometimes occur, but that
they occur so rarely.
[Note 45: "If you can still be generous to the conquered, relieve the
hunger which drives us in despair to slaughter your flocks and the men who
guard them. Our fields and forests, which once furnished us with abundance
of vegetable and animal food, now yield us no more; they and their produce
are yours; you prosper on our native soil, and we are famishing."
—STRZELECKI'S N. S. WALES, p. 356.]
In addition to the many other inconsistencies in our conduct towards the
Aborigines, not the least extraordinary is that of placing them, on the
plea of protection, under the influence of our laws, and of making them
British subjects. Strange anomaly, which by the former makes amenable to
penalties they are ignorant of, for crimes which they do not consider as
such, or which they may even have been driven to commit by our own
injustice; and by the latter but mocks them with an empty sound, since
the very laws under which we profess to place them, by their nature and
construction are inoperative in affording redress to the injured.
[Note 46: "To subject savage tribes to the penalties of laws with which
they are unacquainted, for offences which they, very possibly, regard as
acts of justifiable retaliation for invaded rights, is a proceeding
indefensible, except under circumstances of urgent and extreme
necessity."—Fourth Report of the Colonization Commissioners, presented to
the House of Commons, 29th July, 1840.
"The late act, declaring them naturalized as British subjects, has only
rendered them legally amenable to the English criminal law, and added one
more anomaly to all the other enactments affecting them. This
naturalization excludes them from sitting on a jury, or appearing as
witnesses, and entails a most confused form of judicial proceedings; all
which, taken together, has made of the Aborigines of Australia a
nondescript caste, who, to use their own phraseology, are 'neither black
nor white.'"—Strzelecki's N. S. Wales.]
If, in addition to the many evils and disadvantages the natives must
necessarily be subject to from our presence, we take still further into
account the wrongs they are exposed to from the ill feeling towards them
which has sometimes existed among the settlers, or their servants, on the
outskirts of the country; the annoyances they are harassed by, even where
this feeling does not exist, in being driven away from their usual haunts
and pursuits (and this is a practice often adopted by the remote grazier
as a mere matter of policy to avoid trouble or the risk of a collision);
we shall find upon the whole that they have often just causes of offence,
and that there are many circumstances connected with their crimes which,
from the peculiar position they are placed in, may well require from us
some mitigation of the punishment that would be exacted from Europeans
for the same misdeeds.
Captain Grey has already remarked the strong prejudice and recklessness
of human life which frequently exist on the part of the settlers with
regard to the natives. Nor has this feeling been confined to Western
Australia alone. In all the colonies, that I have been in, I have myself
observed that a harsh and unjust tone has occasionally been adopted in
speaking of the Aborigines; and that where a feeling of prejudice does
not exist against them, there is too often a great indifference
manifested as to their fate. I do not wish it to be understood that such
is always the case; on the contrary, I know that the better, and right
thinking part of the community, in all the colonies, not only disavow
such feelings, but are most anxious, as far as lies in their power, to
promote the interests and welfare of the natives. Still, there are always
some, in every settlement, whose passions, prejudices, interests, or
fears, obliterate their sense of right and wrong, and by whom these poor
wanderers of the woods are looked upon as intruders in their own country,
or as vermin that infest the land, and whose blood may be shed with as
little compunction as that of the wild animals they are compared to.
By those who have heard the dreadful accounts current in Western
Australia, and New South Wales, of the slaughter formerly committed by
military parties, or by the servants [Note 47 at end of para.] of the
settlers upon the Aborigines, in which it is stated that men, women, and
children have been surprised, surrounded and shot down indiscriminately,
at their camps at night; or who have heard such deeds, or other similar
ones, justified or boasted of, it will readily be believed to what an
extent the feeling I have alluded to has occasionally been carried, and
to what excesses it has led. [Note 48 appears after Note 47, below]
[Note 47: The following extract from a reply of his Honour the
Superintendent of Port Phillip to the representation made to his Honour
by the settlers and inhabitants of the district of Port Fairy, in
March 1842, shews that these frightful atrocities against the natives
had not even then ceased.
"That the presence of a protector in your district, and other means of
prevention hitherto employed, have not succeeded better than they have
done in repressing aggression or retaliation, and have failed to establish
a good understanding between the natives and the European settlers,
is greatly to be deplored.
"As far as the local government has power, every practicable extension
of these arrangements shall be made without delay; but, gentlemen,
however harsh, a plain truth must be told, the destruction of
European property, and even the occasional sacrifice of European
life, by the hands of the savage tribes, among whom you live, if
unprovoked and unrevenged, may justly claim sympathy and pity; but the
feeling of abhorrence which one act of savage retaliation or cruelty on
your part will rouse, must weaken, if not altogether obliterate every
other, in the minds of most men; and I regret to state, that I have
before me a statement presented in a form which I dare not discredit,
shewing that such acts are perpetrated among you.
"It reveals a nightly attack upon a small number of natives, by a
party of the white inhabitants of your district, and the murder of
no fewer than three defenceless aboriginal women and a child, in
their sleeping place; and this at the very time your memorial was
in the act of signature, and in the immediate vicinity of the station
of two of the parties who have signed it. Will not the commission of
such crimes call down the wrath of God, and do more to check the
prosperity of your district, and to ruin your prospects, than all
the difficulties and losses under which you labour?" Mr. Sievewright's
letter gives an account of this infamous transaction.
"Sir,—I have the honour to report that on the afternoon
of the 24th instant, two aboriginal natives, named Pwe-bin-gan-nai,
Calangamite, returned to this encampment, which they had left with their
families on the 22nd, and reported 'that late on the previous evening,
while they with their wives, two other females, and two children, were
asleep at a tea-tree scrub, called One-one-derang, a party of eight white
people on horseback surrounded them, dismounted, and fired upon them with
pistols; that three women and a child had been thus killed, and the other
female so severely wounded as to be unable to stand or be removed by
them;' they had saved themselves and the child, named 'Uni bicqui-ang,'
by flight, who was brought to this place upon their shoulders.
"At daybreak yesterday I proceeded to the spot indicated, and there found
the dead bodies of three women, and a male child about three years of age;
and also found a fourth woman dangerously wounded by gunshot wounds, and
severely scorched on the limbs by the discharge of fire-arms.
"Having proceeded to the station of the Messrs. Osbrey and Smith, distant
about 700 yards from where the bodies were found, and requested the
presence of those gentlemen as witnesses, I proceeded to view the bodies,
upon which were found the wounds as set forth in the accompanying report.
"All knowledge of this barbarous transaction is denied by the proprietors,
overseer, and servants at the home station, so near to which the bodies
were found, nor have I as yet obtained any information which may lead to
the discovery of the perpetrators of these murders.
"I have, etc.
(Signed) "C. W. SIEVEWRIGHT."
James Croke, Esq.,
Crown Prosecutor,"
etc. etc. etc.
Description of Gun-shot Wounds upon the bodies of three Aboriginal Women
and One Male Child found dead, and an Aboriginal Woman found wounded in a
tea-tree scrub, near the Station of Messrs. Osbrey and Smith, Portland
District, upon the 25th of February, 1842, by Assistant-Protector
Sievewright.
"No. 1. Recognised by the assistant-protector as
'Wooi-goning,' wife of an Aboriginal native 'Pui-bui-gannei;' one gun-shot
wound through the chest (a ball), and right thigh broken by a gun-shot
wound (a ball).
"No. 2. Child (male); one gun-shot wound through the chest (a bullet),
left thigh lacerated by some animal.
"No. 3. Woman big with child; one gun-shot wound through the chest
(a bullet), left side scorched.
"No. 4. Woman; gun-shot wound through abdomen (a bullet), by right hip;
gun-shot wound, left arm broken, (a bullet.)
"No. 5. Woman wounded; gun-shot wound in back (a ball), gun-shot through
right hand (a ball).
"(Signed)
"C. W. SIEVEWRIGHT."]
[Note 48: The belief on the part of the Home authorities that such deeds
did occur, and their opinion, so many years ago, regarding them, may be
gathered from the following extract from a despatch from Lord Glenelg to
Governor Sir James Stirling, dated 23rd of July, 1835. "I perceive, with
deep concern, that collisions still exist between the colonists and the
natives.
"It is impossible, however, to regard such conflicts without
regret and anxiety, when we recollect how fatal, in too many instances,
our colonial settlements have proved to the natives of the places where
they have been formed.
"It will be your duty to impress upon the settlers that it is the
determination of the Government to visit any act of injustice or
violence on the natives, with the utmost severity, and that in no
case will those convicted of them, remain unpunished. Nor will it
be sufficient simply to punish the guilty, but ample compensation must be
made to the injured party, for the wrong received. You will make it
imperative upon the officers of police never to allow any injustice or
insult in regard to the natives to pass by unnoticed, as being of too
trifling a character; and they should be charged to report to you, with
punctuality, every instance of aggression or misconduct. Every neglect of
this point of duty you will mark with the highest displeasure."
Such were the benevolent views entertained by the Government in England
towards the Aborigines ten years ago, and it might be readily proved from
many despatches of subsequent Secretaries of State to the different
Governors, that such have been their feelings since, and yet how little
has been done in ten years to give a practical effect to their good
intentions towards the natives.]
Were other evidence necessary to substantiate this point, it would be
only requisite to refer to the tone in which the natives are so often
spoken of by the Colonial newspapers, to the fact that a large number of
colonists in New South Wales, including many wealthy landed proprietors
and magistrates, petitioned the Local Government on behalf of a party of
convicts, found guilty on the clearest testimony of having committed one
of the most wholesale, cold-blooded, and atrocious butcheries of the
Aborigines ever recorded [Note 49 at end of para.], and to the acts of the
Colonial Governments themselves, who have found it necessary, sometimes,
to prohibit fire-arms at out-stations, and have been compelled to take
away the assigned servants, or withdraw the depasturing licences of
individuals, because they have been guilty of aggression upon the
Aborigines.
[Note 49: Seven men were hanged for this offence, on the 18th of December,
1838. In the Sydney Monitor, published on the 24th or next issue after the
occurrence, is the following paragraph:—
"The following conversation between two gentlemen took place in the
military barrack square, on Tuesday, just after the execution of the seven
murderers of the native blacks, and while General O'Connell was reviewing
the troops of the garrison.
"COUNTRY GENTLEMAN.—So I find they have hanged these men.
"TOWN GENTLEMAN. —They have."
"COUNTRY GENTLEMAN.—Ah! hem, we are going on a safer game now.
"TOWN GENTLEMAN. —Safer game! how do you mean?"
"COUNTRY GENTLEMAN.—Why, we are poisoning the blacks; which is much
better, and serve them right too!"
"We vouch for the truth of this conversation, and for the very words;
and will prove our statement, if public justice should, in our
opinion require it."
The following letter from His Honour the Superintendent of Port Philip
shews, that even in 1843, suspicions were entertained in the colony,
that this most horrible and inhuman cruelty towards the Aborigines had
lately been practised there.
"Melbourne, 17th March, 1843.
"SIR,—I have the honour to report, for his Excellency's information,
that in the month of December last, I received a letter from the Chief
Protector, enclosing a communication received from Dr. Wotton, the
gentleman in charge of the Aboriginal station at Mount Rouse, stating that
a rumour had reached him that a considerable number of Aborigines had
been poisoned at the station of Dr. Kilgour, near Port Fairy.
"I delayed communicating this circumstance at the time, as I expected
the Chief Protector and his assistants would find it practicable to
bring the crime home to the parties accused of having perpetrated it;
but I regret to state, that every attempt to discover the guilty
parties has hitherto proved ineffectual, and that although there
may be strong grounds of suspicion that such a deed had been perpetrated,
and that certain known parties in this district were the perpetrators,
yet it seems nearly impossible to obtain any legal proof to bear on
either one point or the other.
"I beg leave to enclose copies of two communications which I have received
from Mr. Robinson on the subject.
"I have, etc.
"(Signed)
"C. J. LATROBE."
"The Honourable the Colonial Secretary,
etc. etc. etc."
Rumours of another similar occurrence existed in the settlements
north of Sydney, about the same time. To the inquiries made on the
subject, by the Government, the following letters refer.
"Moreton Bay, Zion's Hill, 14th January 1843.
"Sir,—In reply to your inquiry respecting the grounds on which I made
mention in my journal, kept during a visit to the Bunga Bunga country,
of a considerable number of blacks having been poisoned in the
northern part of this district, I beg leave to state, that having
returned from Sydney in the month of March 1842, I learnt, first,
by my coadjutor, the Rev. Mr. Epper, that such a rumour was spreading,
of which I have good reason to believe also his Excellency the Governor
was informed during his stay at Moreton Bay. I learnt, secondly,
by the lay missionaries, Messrs. Nique and Rode, who returned
from an excursion to "Umpie-boang" in the first week of April, that
natives of different tribes, who were collecting from the north for a
fight, had related the same thing to them as a fact. Messrs. Nique and
Rode have made this statement also in their diary, which is laid before
our committee in Sydney. I learnt, thirdly, by the runaway Davis, when
collecting words and phrases of the northern dialect from him, previous
to my expedition to the Bunga Bunga country, that there was not the least
doubt but such a deed had been done, and moreover that the relatives of
the poisoned blacks, being in great fury, were going to revenge
themselves. Davis considered it, therefore, exceedingly dangerous for us
to proceed to the north, mentioning at the same time, that two white men
had already been killed by blacks in consequence of poisoning. I
ascertained likewise from him the number, 50 or 60.
"When inquiring of him whether he had not reported this fact to
yourself, he replied, that both he, himself, and Bracewell, the
other runaway, whom Mr. Petrie had brought back from the Wide Bay,
had done so, and that you had stated it fully in your report to his
Excellency the Governor, respecting himself and Bracewell.
"4. The natives who had carried our provisions up to Mr. Archer's station,
made the same statement to us, as a reason why they would not accompany
us any farther to the Bunga Bunga country.
"When writing down, therefore, my journal, I considered it unnecessary to
make a full statement of all that had come to my knowledge since the month
of March, concerning that most horrid event, or even to relate it as
something new, as it was not only known several months since to the
respective authorities, but also as almost every one at Moreton Bay
supposed that an investigation would take place without delay.
"I have, etc.
"(signed) "WILLIAM SCHMIDT,
"Missionary.""S. Simpson, Esq.,
"Commissioner of Crown Lands,
"Eagle Farm."
"Sir,—I have the honour to report, for the information of his Excellency,
that during my excursion to the Bunga country, I have taken every
opportunity of instituting an inquiry as to the truth of the alleged
poisoning of some Aborigines at a sheep station in the north of this
district. A report of the kind certainly exists among the two tribes I
fell in with, namely, the Dallambarah and Coccombraral tribes, but as
neither of them were present at the time, they could give me no
circumstantial information whatever on the subject. The Giggabarah
tribe, the one said to have suffered, I was unable to meet with.
Upon inquiry at the stations to the north, I could learn nothing
further than that they had been using arsenic very extensively for
the cure of the scab, in which operation sheep are occasionally
destroyed by some of the fluid getting down their throats; and as the
men employed frequently neglect to bury the carcases, it is very possible
that the Aborigines may have devoured them, particularly the entrails,
which they are very fond of, and that hence some accident of the kind
alluded to may have occurred without their knowledge.
"I have, etc.
"(signed) S. SIMPSON,
"Commissioner of Crown Lands."
"The Honourable E. D. Thomson,
"Colonial Secretary."
For the sake of humanity I would hope that such unheard of atrocities
cannot really have existed. That the bare suspicion even of such crimes
should have originated and gained currency in more than one district
of Australia, is of itself a fearful indication of the feeling
among the lowest classes in the colonies, and of the harrowing
deeds to which that might lead.
Extract from South Australian Registe, 10th of July, 1841, after the
return of Major O'Halloran and a party of sixty-eight individuals, sent
up the Murray to try and rescue property stolen by blacks. "In the mean
time we cannot but think that the DISAPPOINTMENT SO GENERALLY
EXPRESSED, because Major O'Halloran has returned 'WITHOUT FIRING A SHOT,'
is somewhat unreasonable, seeing that in his presence the natives DID
NOTHING TO WARRANT AN EXTREME MEASURE, and that there were no means of
identifying either the robbers of Mr. Inman, or the murderers of Mr.
Langhorne's servants. It is quite clear that a legally authorised English
force could not be permitted to fire indiscriminately upon the natives AS
SOME PERSONS THINK they ought to have done, or to fire at all, save when
attacked, or under circumstances in which any white subject of the Queen
might be shot at. We KNOW that many overland parties HAVE NOT HESITATED
TO FIRE AT THE NATIVES WHEREVER THEY APPEARED; and it is possible that
the tribes now hostilely disposed may have received some provocation."]
The following extract from a letter addressed by the Chief Protector of
the Port Phillip district, Mr. Robinson, to his Honour the Superintendent
at Melbourne, shews that officer's opinion of the feeling of the lower
class of the settlers' servants, with regard to the Aborigines in
Australia Felix.
"Anterior to my last expedition I had seen a large portion of this
province; I have now seen nearly the entire, and, in addition, have made
myself thoroughly acquainted with the character of its inhabitants.
"The settlers are, for the most part, a highly respectable body of men,
many, to my knowledge, deeply commiserating the condition of the natives;
a few have been engaged in the work of their amelioration; these,
however, are but isolated instances; the majority are averse to having
the natives, and drive them from their runs.
"Nothing could afford me greater pleasure than to see a reciprocity of
interest established between the settler and aborigine, and it would
delight me to see the settlers engaged in the great work of their
amelioration; and though on the part of the settlers, a large majority
would readily engage, I nevertheless feel persuaded that, until a better
class of peasantry be introduced, and a code of judicature suited to the
condition of the natives, its practicability, as a general principle, is
unattainable.
"In the course of my wanderings through the distant interior, I found it
necessary, in order to arrive at a correct judgment, to observe the
relative character of both classes, i. e. the European and the Aborigine.
The difficulty on the part of the Aborigine by proper management can be
overcome; but the difficulty on the part of the depraved white man is of
far different character, and such as to require that either their place
should be supplied by a more honest and industrious peasantry, or that a
more suitable code of judicature be established, to restrain their
nefarious proceedings with reference to the aboriginal natives.
"I found, on my last expedition, that a large majority of the white
servants employed at the stock stations in the distant interior were, for
the most part, men of depraved character; and it was with deep regret
that I observed that they were all armed; and in the estimation of some
of these characters, with whom I conversed, I found that the life of a
native was considered to be of no more value than that of a wild dog. The
settlers complained generally of the bad character of their men. The
saying is common among them, 'That the men and not we are the masters.'
The kind of treatment evinced towards the aboriginal natives in remote
parts of the interior by this class of persons, may be easily imagined;
but as I shall have occasion more fully to advert to this topic in the
report I am about to transmit to the Government, I shall defer for the
present offering further observations.
"The bad character of the white servants is a reason assigned by many
settlers for keeping the natives from their stations. At a few
establishments, viz. Norman M'Leod's, Baillie's, Campbell's, Lenton's,
and Urquhart's, an amicable and friendly relation has been maintained for
several years; the Aborigines are employed and found useful. I visited
these stations; and the proprietors assured me the natives had never done
them any injury; the natives also spoke in high terms of these parties.
There are other settlers also who have rendered assistance in improving
the condition of the natives, and to whom I shall advert in my next
report.
"Whether the proprietors of these establishments devote more attention,
or whether their white servants are of less nefarious character than
others, I am not prepared to say; but the facts I have stated are
incontrovertible, and are sufficient to shew the reclaimability of the
natives, when proper persons are engaged, and suitable means had recourse
to. I cannot but accede to the proposition, namely, that of holding out
inducements to all who engage in the amelioration of the aboriginal
natives. Those who have had experience, who have been tried and found
useful, ought to have such inducements held out to them as would ensure a
continuance of their appointments, the more especially as it has always
been found difficult to obtain suitable persons for this hazardous and
peculiar service."
The following extract from another letter, also addressed to his Honour
the Superintendent, shews the opinions and feelings of the writer, a
Magistrate of the Colony, and a Commissioner of Crown Lands, in the
Geelong district.
"In offering my candid opinion, I submissively beg leave to state, that
for the last three years, on all occasions, I have been a friend to the
natives; but from my general knowledge of their habits of idleness,
extreme cunning, vice, and villany, that it is out of the power of all
exertion that can be bestowed on them to do good by them; and I further
beg leave to state, that I can plainly see the general conduct of the
native growing worse, and, if possible, more useless, and daily more
daring. One and all appear to consider that no punishment awaits them.
This idea has latterly been instilled into their minds with, I should
think, considerable pains, and also that the white men should be punished
for the least offence.
"In reply to the latter part of your letter, I beg leave to bring to your
notice that, at considerable risk, two years ago, I apprehended a native
for the murder of one of Mr. Learmonth's men, near Bunengang. He was
committed to Sydney gaol, and at the expiration of a year he was returned
to Melbourne to be liberated, and is now at large. In the case of Mr.
Thomson's, that I apprehended two, and both identified by the men who so
fortunately escaped. It is a difficult thing to apprehend natives, and
with great risk of life on both sides. On the Grange, and many parts of
the country, it would be impossible to take them; AND IN MY OPINION, the
only plan to bring them to a fit and proper state is to insist on the
gentlemen in the country to protect their property, AND TO DEAL WITH SUCH
USELESS SAVAGES ON THE SPOT."
Captain Grey bears testimony to similar feelings and occurrences in
Western Australia. In speaking of capturing some natives, he says, vol.
2. p. 351. "It was necessary that I should proceed with great caution, in
order not to alarm the guilty parties when they saw us approaching, in
which case, I should have had no chance of apprehending them, and I did
not intend to adopt the popular system of shooting them when they ran
away." And again, at page 356, he says, "It was better that I, an
impartial person, should see that they were properly punished for theft,
than that the Europeans should fire indiscriminately upon them, as had
lately been done, in another quarter."
Even in South Australia, where the Colonists have generally been more
concentrated, and where it might naturally be supposed there would be
less likelihood of offenders of this kind escaping detection and
punishment, there are not wanting instances of unnecessary and
unprovoked, and sometimes of wanton injury upon the natives. In almost
all cases of this description, it is quite impracticable from the
inadmissibility of native evidence, or from some other circumstances, to
bring home conviction to the guilty. [Note 50 at end of para.] On the
other hand, where natives commit offences against Europeans, if they can
be caught, the punishment is certain and severe. Already since the
establishment of South Australia as a colony, six natives have been tried
and hung, for crimes against Europeans, and many others have been shot or
wounded, by the police and military in their attempts to capture or
prevent their escape. No European has, however, yet paid the penalties of
the law, for aggressions upon the Aborigines, though many have deserved
to do so. The difficulty consists in legally bringing home the offence,
or in refuting the absurd stories that are generally made up in
justification of it.
[Note 50: Vide Chapter 9, of Notes on the Aborigines.]
A single instance or two will be sufficient, in illustration of the
impunity which generally attends these acts of violence. On the 25th
January, 1843, the sheep at a station of Mr. Hughes, upon the Hutt river,
had been scattered during the night, and some of them were missing. It
was concluded the natives had been there, and taken them, as the tracks
of naked feet were said to have been found near the folds. Upon these
grounds two of Mr. Hughes' men, and one belonging to Mr. Jacobs, another
settler in the neighbourhood, took arms, and went out to search for the
natives. About a mile from the station they met with one native and his
wife, whom they asked to accompany them back to the station, promising
bread and flour for so doing. They consented to go, but were then
escorted AS PRISONERS, the two men of Mr. Hughes' guarding the male
native, and Mr. Jacobs' servant (a person named Gregory) the female.
Naturally alarmed at the predicament they were in, the man ran off,
pursued by his two guards, but escaped. The woman took another direction,
pursued by Gregory, who recaptured her, and she was said to have then
seized Gregory's gun, and to have struck at him several blows with a
heavy stick, upon which, being afraid that he would be overcome, HE SHOT
HER. Mr. Hughes, the owner of the lost sheep, came up a few moments after
the woman was shot, and heard Gregory's story concerning it, but no marks
of his receiving any blows were shewn. On the 23rd of March, he was tried
for the offence of manslaughter; there did not appear the slightest
extenuating circumstances beyond his own story, and his master giving him
a good character, and yet the jury, without retiring, returned a verdict
of Not Guilty!
At the very next sittings of the Supreme Court Criminal Sessions, another
and somewhat analogous case appeared. The following remarks were made by
His Honour Judge Cooper, to the Grand Jury respecting it: "There was also
a case of manslaughter to be tried, and he called their attention to
this, because it did not appear in the Calendar. The person charged was
named Skelton, and as appeared from the depositions, was in custody of
some sheep, when an alarm of the rushing of the sheep being given, he
looked and saw something climbing over the fence, and subsequently
something crawling along the ground, upon which he fired off his piece,
and hit the object, which upon examination turned out to be a native. The
night was dark, and the native was brought into the hut, where he died
the next day. He could not help observing, that cases of this kind were
much more frequent than was creditable to the reputation of the Colony.
Last Sessions a man was tried and acquitted of the charge of killing a
native woman. That verdict was a very merciful one, but not so merciful,
he trusted, as to countenance the idea that the lives of the natives are
held too cheaply. The only observation that he would make upon this case
was, that it was ONE OF GREAT SUSPICION."
[Note 51: I believe this case was not brought to trial.]
Other cases have occurred in which some of the circumstances have come
under my own notice, and when Europeans have committed wanton aggressions
on the Aborigines, and have then made up a plausible story to account for
what had taken place, but where, from obvious circumstances, it was quite
impossible to disprove or rebut their tale, however improbable it might
be. In the Port Phillip District in 1841, Mr. Chief Protector thus writes
to the local Government.
"Already appalling collisions have happened between the white and
aboriginal inhabitants, and, although instances, it is possible, have
transpired when natives have been the aggressors, yet it will be found
that the largest majority originated with the Europeans. The lives of
aboriginal natives known to have been destroyed are many, and if the
testimony of natives be admissible, the amount would be great indeed; but
even in cases where the Aborigines are said to be the aggressors, who can
tell what latent provocation existed for perpetrating it? Of the numerous
cases that could be cited, the following from a recent journal of an
assistant protector, Mr. Parker, of the Lodden, will suffice to shew the
insurmountable difficulty, I may add the impossibility, of bringing the
guilty parties to justice, for in nine cases, I may say, out of ten,
where natives are concerned, the only evidence that can be adduced is
that of the Aborigines.
"This evidence is not admissible. Indeed the want of a code, suited to
the Aborigines, is now so strongly felt, and of such vital importance to
the welfare and existence of the natives, that I earnestly trust that
this important subject may be brought under the early consideration and
notice of Her Majesty's Government.
"The following is the extract from Mr. Parker's journal referred to: 'On
the 8th of March 1841, I proceeded to the Pyrenees to investigate the
circumstances connected with the slaughter of several Aborigines, by a
Mr. Frances. On the 9th and 10th I fell in with different parties of
natives. From the last of these I obtained some distressing statements,
as to the slaughter of the blacks; they gave me the names of seven
individuals shot by Mr. Frances within the last six months. I found,
however, no legal evidence attainable. The only persons present in the
last and most serious affair with the Aborigines, which took place in
December of last year, were Frances, a person named Downes, and a
stock-keeper in Melbourne. No other admissible evidence of the death of
these poor people can be obtained than what Frances's written statement
conveys. In that he reports that he and the person before named WENT OUT
IN CONSEQUENCE OF SEEING THE BUSH ON FIRE, AND FELL IN SUDDENLY WITH SOME
NATIVES, ON WHOM THEY FIRED AND KILLED FOUR. The natives say six were
slain, and their information on that point is more to be depended on.
Owing to the legal disabilities of the Aborigines, this case must be
added with many others which have passed without judicial notice. I
cannot, however, but wish that squatting licenses were withheld from
persons who manifest such an utter disregard of human life as Mr.
Frances, even on his own shewing, has done.'
"And in this latter sentiment, under existing circumstances, I most
cordially agree. In Frances' case, the PERPETRATOR ADMITS his having SHOT
FOUR ABORIGINES, and for aught that is shewn to the contrary, it was AN
UNPROVOKED AGGRESSION. The natives, whose testimony Mr. Parker states,
can be relied upon, affirm that six were slain, and these within the
brief period of six months.
"In my last expedition I visited the country of the 'Barconedeets,' the
tribe attacked by Frances; of these I found a few sojourning with the
"Portbullucs,' a people inhabiting the country near Mount Zero, the
northernmost point of the Grampians. These persons complained greatly of
the treatment they had received, and confirmed the statement made to the
sub-protector by the other natives. The following are a few of the
collisions, from authentic documents brought under the notice of this
department, that have happened between settlers and Aborigines, and are
respectfully submitted for the information of the Government.
"CASES.—CHARLES WEDGE AND OTHERS.—Five natives killed and others
wounded at the Grampians.
"AYLWARD AND OTHERS.—Several natives killed and others wounded at the
Grampians. In this case Aylward deposed, 'that there must have been a
great many wounded and several killed, as he saw blood upon the grass,
and in the tea-tree two or three dead bodies.'
"MESSRS. WHYTE'S FIRST COLLISION.—William Whyte deposed that 30 natives
were present, and they were all killed but two, and one of these it is
reported died an hour after of his wounds.
"DARLOT.—One native shot. Two natives shot near Portland Bay by the
servants of the Messrs. Henty.
"HUTTON AND MOUNTED POLICE.—The written report of this case states,
'that the party overtook the aborigines at the junction of the
'Campaspee;' they fired, and it is stated, that to the best of the belief
of the party, five or six were killed.' In the opinion of the
sub-protector a greater number were slain.
"MESSRS. WINTER AND OTHERS.—On this occasion five natives were killed.
"One black shot by Frances.
"MUNROE AND POLICE.—Two blacks shot and others wounded.
"The following from Lloyd's deposition:—'We fired on them; I have no
doubt some were killed; there were between forty and fifty natives.'
"BY PERSONS UNKNOWN.—A native of the Coligan tribe killed by white
persons.
"MESSRS. WEDGE AND OTHERS.—Three natives killed and others wounded.
"Names of Taylor and Lloyd are mentioned as having shot a black at Lake
Colac.
"WHYTE'S SECOND COLLISION.—ALLAN'S CASE.—Two natives shot.
"Taylor was overseer of a sheep station in the Western district, and was
notorious for killing natives. No legal evidence could be obtained
against this nefarious individual. The last transaction in which he was
concerned, was of so atrocious a nature, that he thought fit to abscond,
and he has not been heard of since. No legal evidence was attainable in
this latter case. There is no doubt the charges preferred were true, for
in the course of my inquiries on my late expedition, I found a tribe, a
section of the Jarcoorts, totally extinct, and it was affirmed by the
natives that Taylor had destroyed them. The tribes are rapidly
diminishing. The 'Coligans,' once a numerous and powerful people,
inhabiting the fertile region of Lake 'Colac,' are now reduced, all ages
and sexes, under forty, and these are still on the decay. The Jarcoorts,
inhabiting the country to the west of the great lake 'Carangermite,' once
a very numerous and powerful people, are now reduced to under sixty. But
time would fail, and I fear it would be deemed too prolix, were I to
attempt to particularise in ever so small a degree, the previous state,
condition, and declension of the original inhabitants of so extensive a
province."
Upon the same subject, His Honour the Superintendent of Port Phillip thus
writes:—
"On this subject, I beg leave to remark that great impediments evidently
do interpose themselves in the way of instituting proper judicial inquiry
into the causes and consequences of the frequent acts of collision
between the settlers and the aboriginal natives, and into the conduct of
the settlers on such occasions. I am quite ready to lament with the
Protectors, that numerous as the cases have unfortunately been in which
the lives of the Aborigines have been taken in this district, IN NO
SINGLE INSTANCE HAS THE SETTLER BEEN BROUGHT BEFORE THE PROPER TRIBUNAL."
Many similar instances might be adduced to shew the little chance there
is of evidence enough being procurable, even to cause the aggressor to be
put upon his trial, still less to produce his conviction.
Independently of the instances of wanton outrage, which sometimes are
perpetrated on the outskirts of the settled districts by the lowest and
most abandoned of our countrymen, there are occasions also, when equal
injuries are inflicted unintentionally, from inexperience or
indiscretion, on the part of those whose duty it is to protect rather
than destroy, when the innocent have been punished instead of the
guilty [Note 52 at end of para.], and thus the very efforts made to
preserve peace and good order, have inadvertently become the means of
subverting them.
[Note 52: Upon collisions of this character, Lord John Russell remarks in
his despatch, 21st December, 1839, to Sir G. Gipps: "In the case now
before me the object of capturing offenders was entirely lost sight of,
and shots were fired at men who were apparently only guilty of jumping
into the water to escape from an armed pursuit. I am, however, happy to
acknowledge that you appear to have made every practicable exertion for
the prevention of similar calamities in future, and I approve the
measures adopted by you for that purpose. You cannot overrate the
solicitude of Her Majesty's Government on the subject of the Aborigines
of New Holland. It is impossible to contemplate the condition and the
prospects of that unfortunate race without the deepest commiseration. I
am well aware of the many difficulties which oppose themselves to the
effectual protection of these people, and especially of those which must
originate from the exasperation of the settlers, on account of
aggressions on their property, which are not the less irritating, because
they are nothing else than the natural results of the pernicious examples
held out to the Aborigines, and of the many wrongs of which they have
been the victims. Still it is impossible that the Government should
forget that the original aggression was our own; and that we have never
yet performed the sacred duty of making any systematic or considerable
attempt to impart to the former occupiers of New South Wales, the
blessings of Christianity, or the knowledge of the arts and advantages of
civilized life."]
Several very lamentable instances of this kind, have occurred in Port
Lincoln. The following is one among others. Soon after the murder of
Messrs. Biddle and Brown, a party of soldiers was sent over to try and
capture the aggressors. In one of their attempts a native guide was
procured from the Eastern tribe, who promised to conduct them to where
the murderers were. The party consisting of the military and their
officer, the police, a settler, and the missionary, in all twelve or
fourteen persons, set off towards Coffin's Bay, following as they
supposed upon the track of the murders. Upon reaching the coast some
natives were seen fishing in the water, and the party was at once spread
out in a kind of semicircle, among the scrub, to close upon and capture
them; the officer, missionary, and guide, being stationed near the
centre. As the party advanced nearer, the guide saw that he was mistaken
in the group before him, and that they were not the guilty parties, but
friends. The officer called out not to fire, but unfortunately from the
distance the men were at, and the scrubby nature of the country, he was
not heard or attended to. A shot was fired, one of the natives sprung up
convulsively in the water, walked on shore and fell down, exclaiming
whilst dying, "me Kopler, me good man," and such indeed it proved. He was
one of a friendly tribe, and a particular protege of the missionary's,
having taken the name of Kopler from his German servant who was so
called.
The other natives at once came forward to their dying friend, scornfully
motioning away his murderers, fearless alike of the foes around them, and
regardless of their ill-timed attempts to explain the fatal mistake. Will
it be credited, that at such a scene as this the soldiers were indulging
in coarse remarks, or brutal jests, upon the melancholy catastrophe; and
comparing the last convulsive spring of the dying man to a salmon leaping
in the water. Yet this I was assured was the case by the Government
Resident at Port Lincoln, from when I received this account.
Another melancholy and unfortunate case of the same nature occurred at
Port Lincoln, on the 11th of April, 1844, where a native was shot by a
policeman, for attempting to escape from custody, when taken in charge on
suspicion of being implicated in robbing a stranded vessel. An
investigation was made into this case by the Commissioner of Police, when
it was stated in the depositions, that attempts at rescue were made by
the other natives. Upon these grounds, I believe, it was considered that
the policeman was justified in what he did.
The following extract relating to this subject, is from a letter
addressed to a gentleman in Adelaide, by the Rev. C. Schurmann, one of
the German Missionaries, who has for some years past been stationed among
the Port Lincoln natives, and is intimately acquainted with their
language.
[Note 53: Without adopting the tone of this letter, and which in some
respects I cannot approve of, I believe the writer to be deeply interested
in the welfare of the Aborigines, and strongly impressed with a conviction
of the evils and injuries to which they are subject from our anomalous
position with regard to them. I have quoted it, therefore, not for the
purpose of casting imputations on the Government, but to shew how
powerless they are, and how frequently, under the existing system in
force with respect to the Aborigines, those very measures which were
conceived and entered upon with the best intentions, produce in their
result the most unmitigated evils.]
"You will probably recollect, that some time ago (I think it was in the
month of May) the Adelaide newspapers contained a short notice of a Port
Lincoln native having been shot by the police in self-defence, and a
letter in the 'Observer,' mentioned another as being shot by Mr.——, but
as the charitable correspondent added, 'Unfortunately only in the arm,
instead of through the body.' From these statements one would infer that
the parties concerned in these transactions were without blame, being
perfectly justified—the one to protect his life, and the other his
property. However, since my return to Port Lincoln, I have learned that
both tales run very differently when told according to truth. I address
myself, therefore, to you, with the true facts of the transactions, as I
have learned them. partly from the settlers themselves, partly from the
natives. My motive for so doing is to case my own mind, and to gratify
the interest which I know you take in the Aborigines of this country.
"The man shot by the police was named Padlalta, and was of so mild and
inoffensive a disposition, that he was generally noticed by the settlers
on that very account, several of whom I have heard say since, it was a
pity that some other native had not been hit in his stead. The same man
was captured last year by Major O'llalloran's party, but was set at
liberty as soon as I came up and testified his innocence, for which the
poor fellow kissed my hand near a dozen times.
"The day before he met his death he was as usual in the town, doing
little jobs for the inhabitants, to get bread or other food. On the
evening when he was killed, he had encamped with about half a dozen other
natives on the northern side of Happy Valley, a short mile from the town.
The police who were sent by the Government Resident to see what number of
natives were at the camp state, that while searching the man's wallet, he
seized hold of one gun, and when the other policeman came up to wrest it
from him, he the native grasped the other gun too. In the scuffle that
ensued, one of the guns went off, when the other natives who had fled
returned and presented their spears. They then shot the native who held
the gun.
"Now this statement is a very strange one, when it is considered that the
native was a very spare and weak man, so that either of the police ought
to have been able to keep him at arm's length; but to say that he seized
both their guns is beyond all credibility. The natives were sitting down
when the police arrived. How they could therefore find a wallet upon the
murdered man, I cannot conceive; since the natives never have their
wallets slung, except when moving; and it certainly is not probable, that
the man, in spite of the fright he is admitted to have been in, should
have thought of taking up his wallet.
"The wallet is said to have contained some sovereigns, taken from the
cutter Kate, which was wrecked some time previous to this affair, about
forty miles up the coast, and to have been one of those marked by the
police, at a native camp near the wreck from which the natives had been
scared away, leaving all their things behind. But if the murdered native
had taken the sovereigns, why were they not then in his wallet, or why
was the wallet not examined the day before when he was in town?
[Note 54 at end of para.] I think that there is little doubt that the
police found no wallet at all upon the native, and that they coined away
one of those found at the camp upon him, with a view to incriminate him."
[Note 54: There cannot be a greater act of injustice towards the natives
than that of applying the English law to them with respect to stolen
property. Any one who knows any thing of their habits, and the custom
prevalent amongst them, of giving any European clothing, or other articles
they may acquire, from one to another, must be fully aware how little the
fact of their being found in possession of stolen property is just
evidence against them. Articles such as I have mentioned, often pass, in a
very short time, through the hands of three or four individuals, and
perhaps even through as many tribes.]
"Another native, Charley, who was present when the said affair took
place, tells me, that the police sneaked upon, and fired at them, while
sitting round the fire; [Note 55 at end of para.] that he jumped up, and
endeavoured to make himself known, as a friendly native, by saying,
"Yarri (that is the name the natives have given to one of the police),
Yarri, I Charley, I Charley,"—but that the effect produced had been the
pointing of a gun at him, when of course he ran away. That any of the
natives returned, and poised their spears, he firmly denies; but accounts
for the murder, by supposing that the dead man made resistance, and
offered to spear his assailants. He moreover says, that Padlalta would not
have died in consequence of the first shot, but that the police fired
repeatedly, which agrees with the settlers, who say they heard three
shots. When the bloody deed had been committed (a ball had passed right
through his body), the cruel perpetrators ran home, leaving the murdered
man helpless."
[Note 55: There must, I think, be some mistake here in the phrascology.
I cannot think any of the police would fire upon a small party of friendly
natives whilst unresisting. The probability is, that they surrounded the
natives to make prisoners, and fired upon being resisted. This must
generally occur if the police have positive orders to make captures.
Natives, not very much in contact with Europeans, will almost always
resist an attempt to make prisoners of them, or will try to escape. Very
many have, at various times, met their death under such circumstances;
and too often it has occurred, that the innocent have been the suffering
parties. This shews the absurdity of applying European customs and laws
to a people situated as the Australian natives are. It shews, too, the
necessity of altering our present system and policy towards them, to one
that will exercise sufficient influence over them to induce them to give
up offenders themselves. I believe such a system may be devised.—Vide
Chapter IX.]
"Some time after, a party of three settlers went to the spot, one of whom
he recognized, and claimed his acquaintance, and perhaps assistance, by
mentioning the party's Christian name; but, alas! no good Samaritan was
found amongst these three; they all passed by on the other side, without
alleviating his pain, moistening his parched lips, warming his shivering
limbs, or aiding him in any way whatever. There he lay a whole cold and
long winter night, without a fire to warm him, or a soul to talk to him.
Next morning he was found still alive, but died on the way into town,
where he was buried in the jail yard, like a condemned felon.
"What awful and melancholy reflections crowd upon one's mind in thinking
on this transaction. But what conclusians must a poor people, whom a
Christian and civilized nation calls savages, arrive at, with such facts
before them.
"The other native, wounded by Mr.—in the arm, was doubtless of the party
who attacked the flock; but it must have been some hours after that he
was shot, for the shepherd had to come home with the flock to inform him
of the occurrence, and then search and pursuit had to be made, during
which he was overtaken. He is a stupid idiotic sort of man, so that the
natives have not deemed him worthy of receiving the honours of their
ceremonies, and still call him a boy, or youth, although he is an oldish
man.
"On another occasion, when an uninhabited hut, with some wheat in it, had
been broken into by some unknown natives, a party went in search of the
offenders. It was night when they came on a camp, on the opposite side of
the lake to where the hut stands; the natives, acting upon the first
impulse, and warned by frequent examples, ran away, when two of the party
snapped their pieces, but providentially both guns missed fire. The
natives, however, soon took confidence, and returned, when it was found
that two of the most orderly and useful men would have been shot if the
guns had gone off. The party took upon themselves to make one of them
prisoner, but of course did not venture to bring him before the
magistrate.
"These facts incontestably prove, that, notwithstanding the Aborigines
are called British subjects, and in spite of the so-called protection
system, there is no shadow of protection for them, while they are
debarred from the first and most important of all liberties, namely, that
of being heard in a Court of civil Justice.
"Several instances have occurred during my residence in this district, in
which natives have been arraigned before the administrators of the law,
although I was morally convinced of their innocence; in other cases, they
have sought redress through me, for wanton attacks on their person and
lives, without being listened to.
"Only a few weeks ago a native was very nearly being taken up, on the
charge of having thrown a spear at Mr. Smith's shepherd, without,
however, any felonious intent, the distance being too great. This
circumstance saved the man, or else he would, no doubt, have been tried
and found guilty on the shepherd's evidence, who would not allow that he
could be mistaken in the individual, although the accused native came
boldly into town and court (a circumstance that has never before occurred
since I have known these natives), although he was an intimate friend of
the shepherd and his wife; and although all the other natives could prove
where he had been at the time of the attack on the flock, and state who
were the guilty parties.
"For those who have had an opportunity of observing the Aborigines in
their original state, it is not very difficult to distinguish the guilty
from the innocent, for they are a simple-minded race, little skilled in
the arts of dissimulation.
"It is bad enough that a great part of the colonists are inimical to the
natives; it is worse that the law, as it stands at present, does not
extend its protection to them; but it is too bad when the press lends its
influence to their destruction. Such, however, is undoubtedly the case.
When Messrs. Biddle and Brown were murdered, the newspapers entertained
their readers week after week with the details of the bloody massacre,
heaping a profusion of vile epithets upon the perpetrators. But of the
slaughter by the soldiers, (who killed no less than four innocent
natives, while they captured not one guilty party), among the tribes who
had had nothing to do with the murders—of the treachery of attacking in
the darkness of the night, a tribe who had the day before been hunting
kangaroo with their informers, when one of the former guides to the
magistrates' pursuing party was killed amongst others; of the wanton
outrage on the mutilated body of one of the victims;—of these things the
press was as silent as the grave."
Without attempting to enlarge more fully upon the subjects entered upon
in the preceding pages, I trust that I have sufficiently shewn that the
character of the Australian natives has been greatly misrepresented and
maligned, that they are not naturally more irreclaimably vicious,
revengeful, or treacherous than other nations, but on the contrary, that
their position with regard to Europeans, places them under so many
disadvantages, subjects them to so many injuries, irritates them with so
many annoyances, and tempts them with so many provocations, that it is a
matter of surprise, not that they sometimes are guilty of crime, but that
they commit it so rarely.
If I have in the least degree succeeded in establishing that such is the
case, it must be evident that it is incumbent upon us not only to make
allowances when pronouncing an opinion on the character or the crimes of
the Aborigines; but what is of far greater and more vital importance, as
far as they are concerned, to endeavour to revise and improve such parts
of our system and policy towards them as are defective, and by better
adapting these to the peculiar circumstances of this people, at once
place them upon juster and more equal terms, and thus excite a reasonable
hope that some eventual amelioration may be produced, both in their moral
and physical condition.
[Note 56: "We say distinctly and deliberately that nothing comparatively
has yet been done—that the natives have hitherto acquired nothing of
European civilization, but European vices and diseases, and that the
speedy extinction of the whole race is inevitable, save by the
introduction of means for their civilization on a scale much more
comprehensive and effectual than any yet adopted."—Leading Article in
South Australian Register, 1st August, 1840.]
I shall now proceed to give an account of the appearance, habits, mode of
life, means of subsistance, social relations, government, ceremonies,
superstitions, numbers, languages, etc. etc. of the natives of Australia,
so as to afford some insight into the character and circumstances of this
peculiar race, to exhibit the means hitherto adopted for, and the
progress made in attempting, their civilization, and to shew the effects
produced upon them by a contact with Europeans.