[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.