"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.