"In my last expedition I visited the country of the 'Barconedeets,' the tribe attacked by Frances; of these I found a few sojourning with the "Portbullucs,' a people inhabiting the country near Mount Zero, the northernmost point of the Grampians. These persons complained greatly of the treatment they had received, and confirmed the statement made to the sub-protector by the other natives. The following are a few of the collisions, from authentic doc.u.ments brought under the notice of this department, that have happened between settlers and Aborigines, and are respectfully submitted for the information of the Government.

"CASES.--CHARLES WEDGE AND OTHERS.--Five natives killed and others wounded at the Grampians.

"AYLWARD AND OTHERS.--Several natives killed and others wounded at the Grampians. In this case Aylward deposed, 'that there must have been a great many wounded and several killed, as he saw blood upon the gra.s.s, and in the tea-tree two or three dead bodies.'

"MESSRS. WHYTE'S FIRST COLLISION.--William Whyte deposed that 30 natives were present, and they were all killed but two, and one of these it is reported died an hour after of his wounds.

"DARLOT.--One native shot. Two natives shot near Portland Bay by the servants of the Messrs. Henty.

"HUTTON AND MOUNTED POLICE.--The written report of this case states, 'that the party overtook the aborigines at the junction of the 'Campaspee;' they fired, and it is stated, that to the best of the belief of the party, five or six were killed.' In the opinion of the sub-protector a greater number were slain.

"MESSRS. WINTER AND OTHERS.--On this occasion five natives were killed.

"One black shot by Frances.

"MUNROE AND POLICE.--Two blacks shot and others wounded.

"The following from Lloyd's deposition:--'We fired on them; I have no doubt some were killed; there were between forty and fifty natives.'

"BY PERSONS UNKNOWN.--A native of the Coligan tribe killed by white persons.

"MESSRS. WEDGE AND OTHERS.--Three natives killed and others wounded.

"Names of Taylor and Lloyd are mentioned as having shot a black at Lake Colac.

"WHYTE'S SECOND COLLISION.--ALLAN'S CASE.--Two natives shot.

"Taylor was overseer of a sheep station in the Western district, and was notorious for killing natives. No legal evidence could be obtained against this nefarious individual. The last transaction in which he was concerned, was of so atrocious a nature, that he thought fit to abscond, and he has not been heard of since. No legal evidence was attainable in this latter case. There is no doubt the charges preferred were true, for in the course of my inquiries on my late expedition, I found a tribe, a section of the Jarcoorts, totally extinct, and it was affirmed by the natives that Taylor had destroyed them. The tribes are rapidly diminishing. The 'Coligans,' once a numerous and powerful people, inhabiting the fertile region of Lake 'Colac,' are now reduced, all ages and s.e.xes, under forty, and these are still on the decay. The Jarcoorts, inhabiting the country to the west of the great lake 'Carangermite,' once a very numerous and powerful people, are now reduced to under sixty. But time would fail, and I fear it would be deemed too prolix, were I to attempt to particularise in ever so small a degree, the previous state, condition, and declension of the original inhabitants of so extensive a province."

Upon the same subject, His Honour the Superintendent of Port Phillip thus writes:--

"On this subject, I beg leave to remark that great impediments evidently do interpose themselves in the way of inst.i.tuting proper judicial inquiry into the causes and consequences of the frequent acts of collision between the settlers and the aboriginal natives, and into the conduct of the settlers on such occasions. I am quite ready to lament with the Protectors, that numerous as the cases have unfortunately been in which the lives of the Aborigines have been taken in this district, IN NO SINGLE INSTANCE HAS THE SETTLER BEEN BROUGHT BEFORE THE PROPER TRIBUNAL."

Many similar instances might be adduced to shew the little chance there is of evidence enough being procurable, even to cause the aggressor to be put upon his trial, still less to produce his conviction.

Independently of the instances of wanton outrage, which sometimes are perpetrated on the outskirts of the settled districts by the lowest and most abandoned of our countrymen, there are occasions also, when equal injuries are inflicted unintentionally, from inexperience or indiscretion, on the part of those whose duty it is to protect rather than destroy, when the innocent have been punished instead of the guilty [Note 52 at end of para.], and thus the very efforts made to preserve peace and good order, have inadvertently become the means of subverting them.

[Note 52: Upon collisions of this character, Lord John Russell remarks in his despatch, 21st December, 1839, to Sir G. Gipps: "In the case now before me the object of capturing offenders was entirely lost sight of, and shots were fired at men who were apparently only guilty of jumping into the water to escape from an armed pursuit. I am, however, happy to acknowledge that you appear to have made every practicable exertion for the prevention of similar calamities in future, and I approve the measures adopted by you for that purpose. You cannot overrate the solicitude of Her Majesty's Government on the subject of the Aborigines of New Holland. It is impossible to contemplate the condition and the prospects of that unfortunate race without the deepest commiseration. I am well aware of the many difficulties which oppose themselves to the effectual protection of these people, and especially of those which must originate from the exasperation of the settlers, on account of aggressions on their property, which are not the less irritating, because they are nothing else than the natural results of the pernicious examples held out to the Aborigines, and of the many wrongs of which they have been the victims. Still it is impossible that the Government should forget that the original aggression was our own; and that we have never yet performed the sacred duty of making any systematic or considerable attempt to impart to the former occupiers of New South Wales, the blessings of Christianity, or the knowledge of the arts and advantages of civilized life."]

Several very lamentable instances of this kind, have occurred in Port Lincoln. The following is one among others. Soon after the murder of Messrs. Biddle and Brown, a party of soldiers was sent over to try and capture the aggressors. In one of their attempts a native guide was procured from the Eastern tribe, who promised to conduct them to where the murderers were. The party consisting of the military and their officer, the police, a settler, and the missionary, in all twelve or fourteen persons, set off towards Coffin's Bay, following as they supposed upon the track of the murders. Upon reaching the coast some natives were seen fishing in the water, and the party was at once spread out in a kind of semicircle, among the scrub, to close upon and capture them; the officer, missionary, and guide, being stationed near the centre. As the party advanced nearer, the guide saw that he was mistaken in the group before him, and that they were not the guilty parties, but friends. The officer called out not to fire, but unfortunately from the distance the men were at, and the scrubby nature of the country, he was not heard or attended to. A shot was fired, one of the natives sprung up convulsively in the water, walked on sh.o.r.e and fell down, exclaiming whilst dying, "me Kopler, me good man," and such indeed it proved. He was one of a friendly tribe, and a particular protege of the missionary's, having taken the name of Kopler from his German servant who was so called.

The other natives at once came forward to their dying friend, scornfully motioning away his murderers, fearless alike of the foes around them, and regardless of their ill-timed attempts to explain the fatal mistake. Will it be credited, that at such a scene as this the soldiers were indulging in coa.r.s.e remarks, or brutal jests, upon the melancholy catastrophe; and comparing the last convulsive spring of the dying man to a salmon leaping in the water. Yet this I was a.s.sured was the case by the Government Resident at Port Lincoln, from when I received this account.

Another melancholy and unfortunate case of the same nature occurred at Port Lincoln, on the 11th of April, 1844, where a native was shot by a policeman, for attempting to escape from custody, when taken in charge on suspicion of being implicated in robbing a stranded vessel. An investigation was made into this case by the Commissioner of Police, when it was stated in the depositions, that attempts at rescue were made by the other natives. Upon these grounds, I believe, it was considered that the policeman was justified in what he did.

The following extract relating to this subject, is from a letter addressed to a gentleman in Adelaide, by the Rev. C. Schurmann, one of the German Missionaries, who has for some years past been stationed among the Port Lincoln natives, and is intimately acquainted with their language.

[Note 53: Without adopting the tone of this letter, and which in some respects I cannot approve of, I believe the writer to be deeply interested in the welfare of the Aborigines, and strongly impressed with a conviction of the evils and injuries to which they are subject from our anomalous position with regard to them. I have quoted it, therefore, not for the purpose of casting imputations on the Government, but to shew how powerless they are, and how frequently, under the existing system in force with respect to the Aborigines, those very measures which were conceived and entered upon with the best intentions, produce in their result the most unmitigated evils.]

"You will probably recollect, that some time ago (I think it was in the month of May) the Adelaide newspapers contained a short notice of a Port Lincoln native having been shot by the police in self-defence, and a letter in the 'Observer,' mentioned another as being shot by Mr.----, but as the charitable correspondent added, 'Unfortunately only in the arm, instead of through the body.' From these statements one would infer that the parties concerned in these transactions were without blame, being perfectly justified--the one to protect his life, and the other his property. However, since my return to Port Lincoln, I have learned that both tales run very differently when told according to truth. I address myself, therefore, to you, with the true facts of the transactions, as I have learned them. partly from the settlers themselves, partly from the natives. My motive for so doing is to case my own mind, and to gratify the interest which I know you take in the Aborigines of this country.

"The man shot by the police was named Padlalta, and was of so mild and inoffensive a disposition, that he was generally noticed by the settlers on that very account, several of whom I have heard say since, it was a pity that some other native had not been hit in his stead. The same man was captured last year by Major O'llalloran's party, but was set at liberty as soon as I came up and testified his innocence, for which the poor fellow kissed my hand near a dozen times.

"The day before he met his death he was as usual in the town, doing little jobs for the inhabitants, to get bread or other food. On the evening when he was killed, he had encamped with about half a dozen other natives on the northern side of Happy Valley, a short mile from the town.

The police who were sent by the Government Resident to see what number of natives were at the camp state, that while searching the man's wallet, he seized hold of one gun, and when the other policeman came up to wrest it from him, he the native grasped the other gun too. In the scuffle that ensued, one of the guns went off, when the other natives who had fled returned and presented their spears. They then shot the native who held the gun.

"Now this statement is a very strange one, when it is considered that the native was a very spare and weak man, so that either of the police ought to have been able to keep him at arm's length; but to say that he seized both their guns is beyond all credibility. The natives were sitting down when the police arrived. How they could therefore find a wallet upon the murdered man, I cannot conceive; since the natives never have their wallets slung, except when moving; and it certainly is not probable, that the man, in spite of the fright he is admitted to have been in, should have thought of taking up his wallet.

"The wallet is said to have contained some sovereigns, taken from the cutter Kate, which was wrecked some time previous to this affair, about forty miles up the coast, and to have been one of those marked by the police, at a native camp near the wreck from which the natives had been scared away, leaving all their things behind. But if the murdered native had taken the sovereigns, why were they not then in his wallet, or why was the wallet not examined the day before when he was in town?

[Note 54 at end of para.] I think that there is little doubt that the police found no wallet at all upon the native, and that they coined away one of those found at the camp upon him, with a view to incriminate him."

[Note 54: There cannot be a greater act of injustice towards the natives than that of applying the English law to them with respect to stolen property. Any one who knows any thing of their habits, and the custom prevalent amongst them, of giving any European clothing, or other articles they may acquire, from one to another, must be fully aware how little the fact of their being found in possession of stolen property is just evidence against them. Articles such as I have mentioned, often pa.s.s, in a very short time, through the hands of three or four individuals, and perhaps even through as many tribes.]

"Another native, Charley, who was present when the said affair took place, tells me, that the police sneaked upon, and fired at them, while sitting round the fire; [Note 55 at end of para.] that he jumped up, and endeavoured to make himself known, as a friendly native, by saying, "Yarri (that is the name the natives have given to one of the police), Yarri, I Charley, I Charley,"--but that the effect produced had been the pointing of a gun at him, when of course he ran away. That any of the natives returned, and poised their spears, he firmly denies; but accounts for the murder, by supposing that the dead man made resistance, and offered to spear his a.s.sailants. He moreover says, that Padlalta would not have died in consequence of the first shot, but that the police fired repeatedly, which agrees with the settlers, who say they heard three shots. When the b.l.o.o.d.y deed had been committed (a ball had pa.s.sed right through his body), the cruel perpetrators ran home, leaving the murdered man helpless."

[Note 55: There must, I think, be some mistake here in the phrascology.

I cannot think any of the police would fire upon a small party of friendly natives whilst unresisting. The probability is, that they surrounded the natives to make prisoners, and fired upon being resisted. This must generally occur if the police have positive orders to make captures.

Natives, not very much in contact with Europeans, will almost always resist an attempt to make prisoners of them, or will try to escape. Very many have, at various times, met their death under such circ.u.mstances; and too often it has occurred, that the innocent have been the suffering parties. This shews the absurdity of applying European customs and laws to a people situated as the Australian natives are. It shews, too, the necessity of altering our present system and policy towards them, to one that will exercise sufficient influence over them to induce them to give up offenders themselves. I believe such a system may be devised.--Vide Chapter IX.]

"Some time after, a party of three settlers went to the spot, one of whom he recognized, and claimed his acquaintance, and perhaps a.s.sistance, by mentioning the party's Christian name; but, alas! no good Samaritan was found amongst these three; they all pa.s.sed by on the other side, without alleviating his pain, moistening his parched lips, warming his shivering limbs, or aiding him in any way whatever. There he lay a whole cold and long winter night, without a fire to warm him, or a soul to talk to him.

Next morning he was found still alive, but died on the way into town, where he was buried in the jail yard, like a condemned felon.

"What awful and melancholy reflections crowd upon one's mind in thinking on this transaction. But what conclusians must a poor people, whom a Christian and civilized nation calls savages, arrive at, with such facts before them.

"The other native, wounded by Mr.--in the arm, was doubtless of the party who attacked the flock; but it must have been some hours after that he was shot, for the shepherd had to come home with the flock to inform him of the occurrence, and then search and pursuit had to be made, during which he was overtaken. He is a stupid idiotic sort of man, so that the natives have not deemed him worthy of receiving the honours of their ceremonies, and still call him a boy, or youth, although he is an oldish man.

"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 circ.u.mstance 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 circ.u.mstance 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 b.l.o.o.d.y ma.s.sacre, 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 inc.u.mbent upon us not only to make allowances when p.r.o.nouncing 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 circ.u.mstances 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.