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:*
(*Footnote. Extracted from the Reports of the Aboriginal Protection Society.)
Liverpool, 15th November 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, namely, 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.
EFFECTS OF EUROPEAN APPROPRIATION.
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.
UNIVERSALITY OF THIS CUSTOM.
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 corroboree 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 own 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.