"I would submit, therefore, that it is necessary from the moment the
Aborigines of this country are declared British subjects, they should, as
far as possible, be taught that the British laws are to supersede their
own, so that any native who is suffering under their own customs, may
have the power of an appeal to those of Great Britain; or to put this in
its true light, that all authorized persons should, in all instances, be
required to protect a native from the violence of his fellows, even
though they be in the execution of their own laws.
"So long as this is not the case, the older natives have at their
disposal the means of effectually preventing the civilization of any
individuals of their own tribe, and those among them who may be inclined
to adapt themselves to the European habits and mode of life, will be
deterred from so doing by their fear of the consequences, that the
displeasure of others may draw down upon them.
"So much importance am I disposed to attach to this point, that I do not
hesitate to assert my full conviction, that whilst those tribes which are
in communication with Europeans are allowed to execute their barbarous
laws and customs upon one another, so long will they remain hopelessly
immersed in their present state of barbarism: and however unjust such a
proceeding might at first sight appear, I believe that the course pointed
out by true humanity would be, to make them from the very commencement
amenable to the British laws, both as regards themselves and Europeans;
for I hold it to be imagining a contradiction to suppose, that
individuals subject to savage and barbarous laws, can rise into a state
of civilization, which those laws have a manifest tendency to destroy and
overturn.
"I have known many instances of natives who have been almost or quite
civilized, being compelled by other natives to return to the bush; more
particularly girls, who have been betrothed in their infancy, and who, on
approaching the years of puberty, have been compelled by their husbands
to join them.
"To punish the Aborigines severely for the violation of laws of which
they are ignorant, would be manifestly cruel and unjust; but to punish
them in the first instance slightly for the violation of these laws would
inflict no great injury on them, whilst by always punishing them when
guilty of a crime, without reference to the length of period that had
elapsed between its perpetration and their apprehension, at the same time
fully explaining to them the measure of punishment that would await them
in the event of a second commission of the same fault, would teach them
gradually the laws to which they were henceforth to be amenable, and
would shew them that crime was always eventually, although it might be
remotely, followed by punishment.
"I imagine that this course would be more merciful than that at present
adopted; viz. to punish them for a violation of a law they are ignorant
of, when this violation affects a European, and yet to allow them to
commit this crime as often as they like, when it only regards themselves;
for this latter course teaches them, not that certain actions, such, for
instance, as murder, etc. are generally criminal, but only that they are
criminal when exercised towards the white people, and the impression,
consequently excited in their minds is, that these acts only excite our
detestation when exercised towards ourselves, and that their criminality
consists, not in having committed a certain odious action, but in having
violated our prejudices."
Many instances have come under my own personal observation, where natives
have sought redress both against one another and against Europeans, but
where from their evidence being unavailable no redress could be afforded
them. Enough has however been now adduced to shew the very serious evils
resulting from this disadvantage, and to point out the justice, the
policy, the practicability, and the necessity of remedying it.
In bringing to a close my remarks on the Aborigines, their present
condition and future prospects, I cannot more appropriately or more
forcibly conclude the subject than by quoting that admirable letter of
Lord Stanley's to Governor Sir G. Gipps, written in December, 1842; a
letter of which the sentiments expressed are as creditable to the
judgment and discrimination, as they are honourable to the feelings and
humanity of the minister who wrote it, and who, in the absence of
personal experience, and amidst all the conflicting testimony or
misrepresentation by which a person at a distance is ever apt to be
assailed and misled, has still been able to separate the truth from
falsehood, and to arrive at a rational, a christian, and a just opinion,
on a subject so fraught with difficulties, so involved in uncertainty,
and so beset with discrepancies.
In writing to Sir G. Gipps, Lord Stanley says (Parliamentary Reports, pp.
221, 2, 3): -
"DOWNING-STREET, 20TH DECEMBER, 1842.
"SIR,
"I have the honour to acknowledge the receipt of your despatches of the
dates and numbers mentioned in the margin, reporting the information
which has reached you in respect to the aboriginal tribes of New South
Wales, and the result of the attempts which have been made, under the
sanction of Her Majesty's Government, to civilize and protect these
people.
"I have read with great attention, but with deep regret, the accounts
contained in these despatches. After making every fair allowance for the
peculiar difficulty of such an undertaking, it seems impossible any
longer to deny that the efforts which have hitherto been made for the
civilization of the Aborigines have been unavailing; that no real
progress has yet been effected, and that there is no reasonable ground to
expect from them greater suceess in future. You will be sensible with how
much pain and reluctance I have come to this opinion, but I cannot shut
my eyes to the conclusion which inevitably follows from the statements
which you have submitted to me on the subject.
