Part 36 (2/2)
”I found, on my last expedition, that a large majority of the white servants employed at the stock stations in the distant interior were, for the most part, men of depraved character; and it was with deep regret that I observed that they were all armed; and in the estimation of some of these characters, with whom I conversed, I found that the life of a native was considered to be of no more value than that of a wild dog. The settlers complained generally of the bad character of their men. The saying is common among them, 'That the men and not we are the masters.'
The kind of treatment evinced towards the aboriginal natives in remote parts of the interior by this cla.s.s of persons, may be easily imagined; but as I shall have occasion more fully to advert to this topic in the report I am about to transmit to the Government, I shall defer for the present offering further observations.
”The bad character of the white servants is a reason a.s.signed by many settlers for keeping the natives from their stations. At a few establishments, viz. Norman M'Leod's, Baillie's, Campbell's, Lenton's, and Urquhart's, an amicable and friendly relation has been maintained for several years; the Aborigines are employed and found useful. I visited these stations; and the proprietors a.s.sured me the natives had never done them any injury; the natives also spoke in high terms of these parties.
There are other settlers also who have rendered a.s.sistance in improving the condition of the natives, and to whom I shall advert in my next report.
”Whether the proprietors of these establishments devote more attention, or whether their white servants are of less nefarious character than others, I am not prepared to say; but the facts I have stated are incontrovertible, and are sufficient to shew the reclaimability of the natives, when proper persons are engaged, and suitable means had recourse to. I cannot but accede to the proposition, namely, that of holding out inducements to all who engage in the amelioration of the aboriginal natives. Those who have had experience, who have been tried and found useful, ought to have such inducements held out to them as would ensure a continuance of their appointments, the more especially as it has always been found difficult to obtain suitable persons for this hazardous and peculiar service.”
The following extract from another letter, also addressed to his Honour the Superintendent, shews the opinions and feelings of the writer, a Magistrate of the Colony, and a Commissioner of Crown Lands, in the Geelong district.
”In offering my candid opinion, I submissively beg leave to state, that for the last three years, on all occasions, I have been a friend to the natives; but from my general knowledge of their habits of idleness, extreme cunning, vice, and villany, that it is out of the power of all exertion that can be bestowed on them to do good by them; and I further beg leave to state, that I can plainly see the general conduct of the native growing worse, and, if possible, more useless, and daily more daring. One and all appear to consider that no punishment awaits them.
This idea has latterly been instilled into their minds with, I should think, considerable pains, and also that the white men should be punished for the least offence.
”In reply to the latter part of your letter, I beg leave to bring to your notice that, at considerable risk, two years ago, I apprehended a native for the murder of one of Mr. Learmonth's men, near Bunengang. He was committed to Sydney gaol, and at the expiration of a year he was returned to Melbourne to be liberated, and is now at large. In the case of Mr.
Thomson's, that I apprehended two, and both identified by the men who so fortunately escaped. It is a difficult thing to apprehend natives, and with great risk of life on both sides. On the Grange, and many parts of the country, it would be impossible to take them; AND IN MY OPINION, the only plan to bring them to a fit and proper state is to insist on the gentlemen in the country to protect their property, AND TO DEAL WITH SUCH USELESS SAVAGES ON THE SPOT.”
Captain Grey bears testimony to similar feelings and occurrences in Western Australia. In speaking of capturing some natives, he says, vol.
2. p. 351. ”It was necessary that I should proceed with great caution, in order not to alarm the guilty parties when they saw us approaching, in which case, I should have had no chance of apprehending them, and I did not intend to adopt the popular system of shooting them when they ran away.” And again, at page 356, he says, ”It was better that I, an impartial person, should see that they were properly punished for theft, than that the Europeans should fire indiscriminately upon them, as had lately been done, in another quarter.”
Even in South Australia, where the Colonists have generally been more concentrated, and where it might naturally be supposed there would be less likelihood of offenders of this kind escaping detection and punishment, there are not wanting instances of unnecessary and unprovoked, and sometimes of wanton injury upon the natives. In almost all cases of this description, it is quite impracticable from the inadmissibility of native evidence, or from some other circ.u.mstances, to bring home conviction to the guilty. [Note 50 at end of para.] On the other hand, where natives commit offences against Europeans, if they can be caught, the punishment is certain and severe. Already since the establishment of South Australia as a colony, six natives have been tried and hung, for crimes against Europeans, and many others have been shot or wounded, by the police and military in their attempts to capture or prevent their escape. No European has, however, yet paid the penalties of the law, for aggressions upon the Aborigines, though many have deserved to do so. The difficulty consists in legally bringing home the offence, or in refuting the absurd stories that are generally made up in justification of it.
[Note 50: Vide Chapter 9, of Notes on the Aborigines.]
A single instance or two will be sufficient, in ill.u.s.tration of the impunity which generally attends these acts of violence. On the 25th January, 1843, the sheep at a station of Mr. Hughes, upon the Hutt river, had been scattered during the night, and some of them were missing. It was concluded the natives had been there, and taken them, as the tracks of naked feet were said to have been found near the folds. Upon these grounds two of Mr. Hughes' men, and one belonging to Mr. Jacobs, another settler in the neighbourhood, took arms, and went out to search for the natives. About a mile from the station they met with one native and his wife, whom they asked to accompany them back to the station, promising bread and flour for so doing. They consented to go, but were then escorted AS PRISONERS, the two men of Mr. Hughes' guarding the male native, and Mr. Jacobs' servant (a person named Gregory) the female.
Naturally alarmed at the predicament they were in, the man ran off, pursued by his two guards, but escaped. The woman took another direction, pursued by Gregory, who recaptured her, and she was said to have then seized Gregory's gun, and to have struck at him several blows with a heavy stick, upon which, being afraid that he would be overcome, HE SHOT HER. Mr. Hughes, the owner of the lost sheep, came up a few moments after the woman was shot, and heard Gregory's story concerning it, but no marks of his receiving any blows were shewn. On the 23rd of March, he was tried for the offence of manslaughter; there did not appear the slightest extenuating circ.u.mstances beyond his own story, and his master giving him a good character, and yet the jury, without retiring, returned a verdict of Not Guilty!
At the very next sittings of the Supreme Court Criminal Sessions, another and somewhat a.n.a.logous case appeared. The following remarks were made by His Honour Judge Cooper, to the Grand Jury respecting it: ”There was also a case of manslaughter to be tried, and he called their attention to this, because it did not appear in the Calendar. The person charged was named Skelton, and as appeared from the depositions, was in custody of some sheep, when an alarm of the rus.h.i.+ng of the sheep being given, he looked and saw something climbing over the fence, and subsequently something crawling along the ground, upon which he fired off his piece, and hit the object, which upon examination turned out to be a native. The night was dark, and the native was brought into the hut, where he died the next day. He could not help observing, that cases of this kind were much more frequent than was creditable to the reputation of the Colony.
Last Sessions a man was tried and acquitted of the charge of killing a native woman. That verdict was a very merciful one, but not so merciful, he trusted, as to countenance the idea that the lives of the natives are held too cheaply. The only observation that he would make upon this case was, that it was ONE OF GREAT SUSPICION.”
[Note 51: I believe this case was not brought to trial.]
Other cases have occurred in which some of the circ.u.mstances have come under my own notice, and when Europeans have committed wanton aggressions on the Aborigines, and have then made up a plausible story to account for what had taken place, but where, from obvious circ.u.mstances, it was quite impossible to disprove or rebut their tale, however improbable it might be. In the Port Phillip District in 1841, Mr. Chief Protector thus writes to the local Government.
”Already appalling collisions have happened between the white and aboriginal inhabitants, and, although instances, it is possible, have transpired when natives have been the aggressors, yet it will be found that the largest majority originated with the Europeans. The lives of aboriginal natives known to have been destroyed are many, and if the testimony of natives be admissible, the amount would be great indeed; but even in cases where the Aborigines are said to be the aggressors, who can tell what latent provocation existed for perpetrating it? Of the numerous cases that could be cited, the following from a recent journal of an a.s.sistant protector, Mr. Parker, of the Lodden, will suffice to shew the insurmountable difficulty, I may add the impossibility, of bringing the guilty parties to justice, for in nine cases, I may say, out of ten, where natives are concerned, the only evidence that can be adduced is that of the Aborigines.
”This evidence is not admissible. Indeed the want of a code, suited to the Aborigines, is now so strongly felt, and of such vital importance to the welfare and existence of the natives, that I earnestly trust that this important subject may be brought under the early consideration and notice of Her Majesty's Government.
”The following is the extract from Mr. Parker's journal referred to: 'On the 8th of March 1841, I proceeded to the Pyrenees to investigate the circ.u.mstances connected with the slaughter of several Aborigines, by a Mr. Frances. On the 9th and 10th I fell in with different parties of natives. From the last of these I obtained some distressing statements, as to the slaughter of the blacks; they gave me the names of seven individuals shot by Mr. Frances within the last six months. I found, however, no legal evidence attainable. The only persons present in the last and most serious affair with the Aborigines, which took place in December of last year, were Frances, a person named Downes, and a stock-keeper in Melbourne. No other admissible evidence of the death of these poor people can be obtained than what Frances's written statement conveys. In that he reports that he and the person before named WENT OUT IN CONSEQUENCE OF SEEING THE BUSH ON FIRE, AND FELL IN SUDDENLY WITH SOME NATIVES, ON WHOM THEY FIRED AND KILLED FOUR. The natives say six were slain, and their information on that point is more to be depended on.
Owing to the legal disabilities of the Aborigines, this case must be added with many others which have pa.s.sed without judicial notice. I cannot, however, but wish that squatting licenses were withheld from persons who manifest such an utter disregard of human life as Mr.
Frances, even on his own shewing, has done.'
”And in this latter sentiment, under existing circ.u.mstances, I most cordially agree. In Frances' case, the PERPETRATOR ADMITS his having SHOT FOUR ABORIGINES, and for aught that is shewn to the contrary, it was AN UNPROVOKED AGGRESSION. The natives, whose testimony Mr. Parker states, can be relied upon, affirm that six were slain, and these within the brief period of six months.
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