In the public journals of the colonies the question has often been discussed, and the same unjust assertion put forth. A single quotation will be sufficient to illustrate the spirit prevailing upon this point. It is from a letter on the subject published in South Australian Register of the 1st August, 1840:—"It would be difficult to define what conceivable proprietary rights were ever enjoyed by the miserable savages of South Australia, who never cultivated an inch of the soil, and whose ideas of the value of its direct produce never extended beyond obtaining a sufficiency of pieces of white chalk and red ochre wherewith to bedaub their bodies for their filthy corrobberies." Many similar proofs might be given of the general feeling entertained respecting the rights of the Aborigines, arising out of their original possession of the soil. It is a feeling, however, that can only have originated in an entire ignorance of the habits, customs, and ideas of this people. As far as my own observation has extended, I have found that particular districts, having a radius perhaps of from ten to twenty miles, or in other cases varying according to local circumstances, are considered generally as being the property and hunting-grounds of the tribes who frequent them. These districts are again parcelled out among the individual members of the tribe. Every male has some portion of land, of which he can always point out the exact boundaries. These properties are subdivided by a father among his sons during his own lifetime, and descend in almost hereditary succession. A man can dispose of or barter his land to others; but a female never inherits, nor has primogeniture among the sons any peculiar rights or advantages. Tribes can only come into each other's districts by permission, or invitation, in which case, strangers or visitors are always well treated. The following extract from Captain Grey's work gives the result of that gentlemen's observations in Western Australia, corroborated by Dr. Lang's experience of the practice among the natives of New South Wales, (vol. ii. p. 232 to 236.)
"TRADITIONAL LAWS RELATIVE TO LANDED PROPERTY.—Landed property does not belong to a tribe, or to several families, but to a single male; and the limits of his property are so accurately defined that every native knows those of his own land, and can point out the various objects which mark his boundary. I cannot establish the fact and the universality of this institution better than by the following letter addressed by Dr. Lang, the Principal of Sydney College, New South Wales, to Dr. Hodgkin, the zealous advocate of the Aboriginal Races:
"LIVERPOOL, 15th Nov. 1840.
"My Dear Friend,—In reply to the question which you proposed to me some time ago, in the course of conversation in London, and of which you have reminded me in the letter I had the pleasure of receiving from you yesterday, with the pamphlets and letters for America, viz.—'Whether the Aborigines of the Australian continent have any idea of property in land,' I beg to answer most decidedly in the affirmative. It is well known that these Aborigines in no instance cultivate the soil, but subsist entirely by hunting and fishing, and on the wild roots they find in certain localities (especially the common fern), with occasionally a little wild honey; indigenous fruits being exceedingly rare. The whole race is divided into tribes, more or less numerous, according to circumstances, and designated from the localities they inhabit; for although universally a wandering race with respect to places of habitation, their wanderings are circumscribed by certain well-defined limits, beyond which they seldom pass, except for purposes of war or festivity. In short, every tribe has its own district, the boundaries of which are well known to the natives generally; and within that district all the wild animals are considered as much the property of the tribe inhabiting, or rather ranging on, its whole extent, as the flocks of sheep and herds of cattle, that have been introduced into the country by adventurous Europeans, are held by European law and usage the property of their respective owners. In fact, as the country is occupied chiefly for pastoral purposes, the difference between the Aboriginal and the European ideas of property in the soil is more imaginary than real, the native grass affording subsistence to the kangaroos of the natives, as well as to the wild cattle of the Europeans, and the only difference indeed being, that the former are not branded with a particular mark like the latter, and are somewhat wilder and more difficult to catch. Nay, as the European regards the intrusion of any other white man upon the CATTLE-RUN, of which European law and usage have made him the possessor, and gets it punished as a trespass, the Aborigines of the particular tribe inhabiting a particular district, regard the intrusion of any other tribe of Aborigines upon that district, for the purposes of kangaroo hunting, etc. as an intrusion, to be resisted and punished by force of arms. In short, this is the frequent cause of Aboriginal, as it is of European wars; man, in his natural state, being very much alike in all conditions—jealous of his rights, and exceedingly pugnacious. It is true, the European intruders pay no respect to these Aboriginal divisions of the territory, the black native being often hunted off his own ground, or destroyed by European violence, dissipation, or disease, just as his kangaroos are driven off that ground by the European's black cattle; but this surely does not alter the case as to the right of the Aborigines.
"But particular districts are not merely the property of particular tribes; particular sections or portions of these districts are universally recognised by the natives as the property of individual members of these tribes; and when the owner of such a section or portion of territory (as I ascertained was the case at King George's Island) has determined on burning off the grass on his land, which is done for the double purpose of enabling the natives to take the older animals more easily, and to provide a new crop of sweeter grass for the rising generation of the forest, not only all the other individuals of his own tribe, but whole tribes from other districts are invited to the hunting party, and the feast and dance, or corrobory that ensue; the wild animals on the ground being all considered the property of the owner of the land. I have often heard natives myself tell me, in answer to my questions on the subject, who were the Aboriginal owners of particular tracts of land now held by Europeans; and indeed this idea of property in the soil, FOR HUNTING PURPOSES, is universal among the Aborigines. They seldom complain of the intrusion of Europeans; on the contrary, they are pleased at their SITTING DOWN, as they call it, on their land: they do not perceive that their own circumstances are thereby sadly altered for the worse in most cases; that their means of subsistence are gradually more and more limited, and their numbers rapidly diminished: in short, in the simplicity of their hearts, they take the frozen adder in their bosom, and it stings them to death. They look for a benefit or blessing from European intercourse, and it becomes their ruin.
"If I had a little more leisure I would have written more at length, and in a style more worthy of your perusal; but you may take it as certain, at all events, that the Aborigines of Australia HAVE an idea of property in the soil in their native and original state, and that that idea is, in reality, not very different from that of the European proprietors of sheep and cattle, by whom they have, in so many instances, been dispossessed, without the slightest consideration of their rights or feelings.
"Indeed, the infinity of the native names of places, all of which are descriptive and appropriate, is of itself a PRIMA FACIE evidence of their having strong ideas of property in the soil; for it is only where such ideas are entertained and acted on, that we find, as is certainly the case in Australia, NULLUM SINE NOMINE SAXUM.
"I am, my dear Friend,
"Your's very sincerely,
"JOHN DUNMORE LANG.
"To Dr. Hodgkin."
The dwellings of the Aborigines are simple, of a very temporary character, and requiring but little skill or labour to construct them. In the summer season, or when the weather is fine, they consist of little more than a few bushes laid one upon the other, in the form of a semicircle, as a protection from the wind, for the head, which is laid usually close up to this slight fence. In the winter, or in cold or wet weather, the semicircular form is still preserved, but the back and sides are sheltered by branches raised upon one end, meeting at the top in an arch, and supported by props in front, the convex part being always exposed to the wind. The sizes of these huts depends upon the facilities that may be afforded for making them, the number of natives, and the state of the weather.