I believe that all these objects might be accomplished, in a great degree, by distributing food regularly to all the natives, in their respective districts.

[Note 111: The whole of my remarks on the Aborigines having been hurriedly compiled, on board ship, during the voyage from Australia, it was not until my arrival in England that I became aware that a plan somewhat similar to this in principle, was submitted to Lord John Russell by a Mr.

J. H. Wedge, and was sent out to the colony of New South Wales, to be reported upon by the authorities. I quote the following extract from Mr.

La Trobe's Remarks on Mr. Wedge's letter, as shewing an opinion differing from my own (Parliamentary Papers, p. 130). "With reference to the supply of food and clothing, it has not been hitherto deemed advisable to furnish them indiscriminately to all natives visiting the homesteads. In one case, that of the Western Port District, the a.s.sistant protector has urged that this should be the case; but I have not felt myself sufficiently convinced of the policy or expediency of such measure to bring it under his Excellency's notice."]

I have previously shewn, that from the injuries the natives sustain at our hands, in a deprivation of their usual means of subsistence, and a banishment from their homes and possessions, there is at present no alternative for them but to remain the abject and degraded creatures they are, begging about from house to house, or from station to station, to procure food, insulted and despised by all, and occasionally tempted or driven to commit crimes for which a fearful penalty is enacted, if brought home to them. I have given instances of the extent to which the evils resulting from the anomalous state of our relations with them are aggravated by the kind of feeling which circ.u.mstances engender on the part of the Colonists towards them. I have pointed out the tendency of their own habits and customs, to prevent them from rising in the scale of improvement, until we can acquire an influence sufficient to counteract these practices; and I have shewn that thus situated, oppressed, helpless, and starving, we cannot expect they should make much progress in civilization, or pay great regard to our instructions, when they see that we do not practice what we recommend, and that we have one law for ourselves and another for them. The good results that have been produced when an opposite and more liberal system has been adopted (limited as that system was) has also been stated. It is only fair to a.s.sume, therefore, that these beneficial effects may be expected to accrue in an increasing ratio in proportion to our liberality and humanity.

My own conviction is, that by adopting the system I recommend, an almost unlimited influence might be acquired over the native population. I believe that the supplying them with food would gradually bring about the abandonment of their wandering habits, in proportion to the frequency of the issue, that the longer they were thus dependent upon us for their resources, the more binding our authority would be; that when they no longer required their children to a.s.sist them in the chase or in war, they would willingly allow them to remain at our schools; that by only supplying food to natives in their own districts they would, in some measure, be weaned from the towns; that by restraining the wandering habits of the parents in this way, there would be fewer charms and less temptation to the children to relapse from a comparative state of civilization into one of barbarism again; and that, by supplying the wants of the natives, and taking away all inducements to crime, a security and protection would be afforded to the settlers which do not now exist, and which, under the present system, can never be expected, until the former have almost disappeared before their oppressors.

Many subordinate arrangements would be necessary to bring the plan into complete operation, and from its general character it could not, perhaps, be carried out every where at once, but if such arrangements were made, only in a few districts every year, much would be done towards eventually accomplishing the ends desired.

At Moorunde flour was only regularly issued once in the month, but that is not often enough to attain the full advantages of the system, still less to remedy the evils the natives are subject to, or restrain their wandering propensities. Upon the Murray the natives are peculiarly situated, and have greater facilities for obtaining their natural food than in any other part of the country. They were consequently in a position more favourable for making an experiment upon, than those of the inland districts, where a native is often obliged to wander over many miles of ground for his day's subsistence, and where large tribes cannot remain long congregated at the same place. In these it would therefore be necessary to make the issues of food much more frequently, and I would proportion this frequency to the state of each district with regard to the number of Europeans, and stock in it; and the facility there might be for procuring native food. On the borders of the colony, where the natives are less hemmed in, the issue might take place once every fortnight, gradually increasing the number of the issues in approaching towards Adelaide as a centre. At the latter, and in many other of the districts where the country is thoroughly occupied by Europeans, it would be necessary, as it would only be just, to supply the natives with food daily, and I would extend this arrangement gradually to all the districts, as funds could be obtained for that purpose. It is possible that if means at the same time were afforded of teaching them industrial pursuits, a proportion of the food required might eventually be raised by themselves, but it would not be prudent to calculate upon any such resources at first.

Having now explained what I consider the first and most important principle, to be observed in all systems devised for the amelioration of the Aborigines, viz. that of endeavouring to adapt the means employed to the acquisition of a strong controlling influence over them, and having shewn how I think this might best be obtained, I may proceed to mention a few collateral regulations, which would be very essential to the effective working of the system proposed.

First. It would be necessary for the sake of perspicuity to suppose the country divided into districts, agreeing as nearly as could be ascertained with the boundaries of the respectives tribes. In these districts a section or two of land, well supplied with wood and water, should be chosen for the Aborigines; such lands, if possible, to be centrically situated with regard to the tribes intended to a.s.semble there, but always having reference to their favourite places of resort, or to such as would afford the greatest facilities for procuring their natural food. I do not apprehend that these stations need be very numerous at first: for the whole colony of South Australia nine or ten would probably be sufficient at present; thus stations such as I have described, at Adelaide, Encounter Bay, The Coorong, Moorunde, the Hutt River, Mount Bryant, Mount Remarkable, and Port Lincoln would embrace most of the tribes of Aborigines at present in contact with the settlers; others could be added, or these altered, as might be thought desirable or convenient.

Secondly. In order to carry due weight when first established, and until the natives get well acquainted with Europeans and their customs, it would be essential that each station should be supported by two or more policemen. These might afterwards be reduced in number, or withdrawn, according to the state of the district.

[Note 112: "It is absolutely necessary, for the cause of humanity and good order, that such force should exist; for as long as distant settlers are left unprotected, and are compelled to take care of and avenge themselves, so long must great barbarities necessarily be committed, and the only way to prevent great crimes on the part of the natives, and ma.s.sacres of these poor creatures, as the punishment of such crimes, is to check and punish their excesses in their infancy; it is only after becoming emboldened by frequent petty successes that they have hitherto committed those crimes, which have drawn down so fearful a vengeance upon them."--GREY, vol ii. p. 379.]

Under any circ.u.mstances a police is necessary in all the country districts, nor do I think on the whole, many more policemen would be required than there are at out-stations at present. They would only have to be quartered at the native establishments.

Thirdly. It would be absolutely requisite to have experienced and proper persons in charge of each of the locations; as far as practicable, it would undoubtedly be the most desirable to have these establishments under missionaries. In other cases they might be confided to the protectors of the Aborigines, and to the resident or police magistrates.

All officers having such charge should be deemed ex-officio to be protectors, and as many should be in the commission of the peace as possible.

Many other necessary and salutary regulations, would naturally occur in so comprehensive a scheme, but as these belong more to the detail of the system, it may be desirable to allude only to a few of the most important.

It would be desirable to keep registers at all the stations, containing lists of the natives frequenting them, their names, and that of the tribe they belong to.

Natives should not be allowed to leave their own districts, to go to Adelaide, or other large towns, unless under pa.s.ses from their respective protectors, and if found in Adelaide without them, should be taken up by the police and slightly punished.

[Note 113: Natives, from a distance, are in the habit of going at certain times of the year into Adelaide, and remaining three or four months at a time. They are said by Europeans to plunder stations on the line of route backwards and forwards, and to threaten, and intimidate women and children living in isolated houses near the town. There is no doubt but that they have sometimes driven away the natives properly belonging to Adelaide, and have been the means, by their presence, of a great decrease in the attendance of the children of the Adelaide tribes at the school.

The protector has more than once been obliged to make official representations on this subject, and to request that measures might be taken to keep them away.]

Deaths, Births, and Marriages, should be duly registered, and a gratuity given on every such occasion, to ensure the regulation being attended to.

Rewards should be given, (as an occasional present, of a blanket for instance), to such parents as allowed their children to go to and remain at school during the year.

Rewards should be bestowed for delivering up offenders, or for rendering any other service to the Government.

Light work should be offered to such as could be induced to undertake it, and rewards, as clothing, or the like, should be paid in proportion to the value of the work done, and BEYOND THE MERE PROVIDING THEM with food.

Gifts might also be made to those parents, who consented to give up the performance of any of their savage or barbarous ceremonies upon their children.

Young men should be encouraged to engage themselves in the service of settlers, as shepherds or stockkeepers, and the masters should be induced to remunerate their services more adequately than they usually do.

The elder natives should be led as far as could be, to make articles of native industry for sale, as baskets, mats, weapons, implements, nets, etc., these might be sent to Adelaide and sold periodically for their benefit.

Such and many other similar regulations, would appear to be advantageous, and might be adopted or altered from time to time, as it should be deemed desirable.

Upon the subject of schools for the native children, it appears that much benefit would be derived from having them as far separated as possible from other natives, and that the following, among others, would be improvements upon the plans in present use.

1st. That the school buildings should be of such size and arrangement, as to admit of all the scholars being lodged as well as boarded, and of the boys and girls having different sleeping rooms.

2ndly. That the schools should have a sufficiency of ground properly enclosed around them, for the play-grounds, and that no other natives than the scholars should be admitted within those precincts, except in the presence of the master, when relatives come to see each other; but that on no account should any natives be permitted to encamp or sleep within the school grounds.

3rdly. That the children should not be allowed or encouraged to roam about the towns, begging, or to ramble for any purpose outside their boundaries, where they are likely to come under the influence of the other natives. This is particularly necessary with respect to girls, indeed the latter should never be allowed to be absent from school at all, by themselves.

4thly. To compensate in some degree, for what may at first appear to them an irksome or repulsive restraint, playthings should occasionally be provided for those children who have behaved well, and all innocent amus.e.m.e.nt be encouraged, and as often as might be convenient, the master should accompany his scholars out into the country for recreation, or through the town, or such other public places, as might be objects of interest or curiosity.

5thly. That a stimulus to exertion, should be excited by prizes, being given to children distinguishing themselves at certain stages of their progress, such as a superior article of dress, a toy, or book, or whatever might be best adapted to the age or disposition of the child.

6thly. That parents should never be allowed to withdraw the children, contrary to their wishes, after having once consented to allow them to remain there.

7thly. That children of both s.e.xes, after having received a proper degree of instruction, and having attained a certain age, should be bound out as apprentices for a limited term of years, to such as were willing to receive them, proper provision being made for their being taught some useful occupation, and being well treated.

8thly. Encouragement should be offered to those who have been brought up at the schools to marry together when their apprenticeships are out, and portions of land should be preserved for them and a.s.sistance given them in establishing themselves in life. At first perhaps it might be advisable to have these settlements in the form of a village and adjoining the school grounds, so that the young people might still receive the advantage of the advice or religious instruction of the missionaries or such ministers as attended to this duty at the schools.

9thly. The children should be taught exclusively in the English language and on Sundays should always attend divine service at some place of public worship, accompanied by their masters.

In carrying into effect the above or any other regulations which might be found necessary for the welfare and improvement of the children. I believe that a sufficient degree of influence would be acquired over the parents by the system of supplying them with food, which I have recommended to induce a cheerful consent, but it would be only prudent to have a legislative enactment on the subject, that by placing the school-children under the guardianship of the protectors, they might be protected from the influence or power of their relatives; after these had once fully consented to their being sent to school to be educated.

[Note 114: "The best chance of preserving the unfortunate race of New Holland lies in the means employed for training their children: the education given to such children should consist in a very small part of reading and writing. Oral instruction in the fundamental truths of the Christian religion will be given by the missionaries themselves. The children should be taught early; the boys to dig and plough, and the trades of shoemakers, tailors, carpenters and masons; the girls to sew and cook and wash linen, and keep clean the rooms and furniture. The more promising of these children might be placed, by a law to be framed for this purpose, under the guardianship of the Governor and placed by him at a school, or in apprenticeship, in the more settled parts of the colony.

Thus early trained, the capacity of the race for the duties and employments of civilized life would be fairly developed."--Letter from Lord John Russell to Sir G. Gipps; Parliamentary Report on Aborigines, p. 74.]

There is yet another point to be considered with respect to the Aborigines, and upon the equitable adjustment of which hinges all our relations with this people, whilst upon it depends entirely our power of enforcing any laws or regulations we may make with respect to them, I allude to the law of evidence as it at present stands with respect to persons incompetent to give testimony upon oath.

It is true that in South Australia an act has very recently pa.s.sed the legislative council to legalize the unsworn testimony of natives in a court of justice, but in that act there occurs a clause which completely neutralizes the boon it was intended to grant, and which is as follows, "Provided that no person, whether an Aboriginal or other, SHALL BE CONVICTED OF ANY OFFENCE by any justice or jury upon the SOLE TESTIMONY of any such uncivilized persons." 7 and 8 Victoria, section 5.

Here then we find that if a native were ill-treated or shot by an European, and the whole tribe able to bear witness to the fact, no conviction and no punishment could ensue: let us suppose that in an attempt to maltreat the native, the European should be wounded or injured by him, and that the European has the native brought up and tried for a murderous attack upon him, how would it fare with the poor native? the oath of the white man would overpower any exculpatory unsworn testimony that the native could bring, and his conviction and punishment would be (as they have been before) certain and severe.

Without attempting to a.s.sign a degree of credence to the testimony of a native beyond what it deserves, I will leave it to those who are acquainted with Colonies, and the value of an oath among the generality of storekeepers and shepherds, to say how far their SWORN evidence is, in a moral point of view, more to be depended upon than the unsworn parole of the native. I would ask too, how often it occurs that injuries upon the Aborigines are committed by Europeans in the presence of those competent to give a CONVICTING TESTIMONY, (unless where all, being equally guilty, are for their own sakes mutually averse to let the truth be known)? or how often even such aggressions take place under circ.u.mstances which admit of circ.u.mstantial evidence being obtained to corroborate native testimony?

Neither is it in the giving of evidence alone, that the native stands at a disadvantage as compared with a white man. His case, whether as prosecutor or defendant, is tried before a jury of another nation whose interests are opposed to his, and whose prejudices are often very strong against him.

I cannot ill.u.s.trate the position in which he is placed, more forcibly, than by quoting Captain Grey's remarks, vol. ii. p. 381, where he says:--

"It must also be borne in mind, that the natives are not tried by a jury of their peers, but by a jury having interests directly opposed to their own, and who can scarcely avoid being in some degree prejudiced against native offenders."

The opinion of Judge Willis upon this point may be gathered from the following extract, from an address to a native of New South Wales, when pa.s.sing sentence of death upon him:--

"The principle upon which this court has acted in the embarra.s.sing collisions which have too frequently arisen between the Aborigines and the white Europeans, has been one of reciprocity and mutual protection.

On the one hand, the white man when detected (WHICH I FEAR SELDOM HAPPENS), has been justly visited with the rigour of the law, for aggressions on the helpless savages; and, on the other, the latter has been accountable for outrages upon his white brethren. As between the Aborigines themselves, the court has never interfered, for obvious reasons. Doubtless, in applying the law of a civilized nation to the condition of a wild savage, innumerable difficulties must occur. The distance in the scale of humanity between the wandering, houseless man of the woods, and the civilized European, is immeasurable! FOR PROTECTION, AND FOR RESPONSIBILITY IN HIS RELATION TO THE WHITE MAN THE BLACK IS REGARDED AS A BRITISH SUBJECT. In theory, this sounds just and reasonable; but in practice, how incongruous becomes its application! As a British subject, he is presumed to know the laws, for the infraction of which he is held accountable, and yet he is shut out from the advantage of its protection when brought to the test of responsibility. As a British subject, he is ent.i.tled to be tried by his PEERS. Who are the peers of the black man? Are those, of whose laws, customs, language, and religion, he is wholly ignorant--nay, whose very complexion is at variance with his own--HIS peers? He is tried in his native land by a race new to him, and by laws of which he knows nothing. Had you, unhappy man! had the good fortune to be born a Frenchman, or had been a native of any other country but your own, the law of England would have allowed you to demand a trial by half foreigners and half Englishmen. But, by your lot being the lowest, as is a.s.sumed, in the scale of humanity, you are inevitably placed on a footing of fearful odds, when brought into the sacred temple of British justice. Without a jury of your own countrymen--without the power of making adequate defence, by speech or witness--you are to stand the pressure of every thing that can be alleged against you, and your only chance of escape is, not the strength of your own, but the weakness of your adversary's case. Surrounded as your trial was with difficulties, everything, I believe, was done that could be done to place your case in a proper light before the jury. They have come to a conclusion satisfactory, no doubt, to their consciences. Whatever might be the disadvantages under which you laboured, they were convinced, as I am, that you destroyed the life of Dillon; and as there was nothing proved to rebut the presumption, of English law, arising from the fact of homicide being committed by you, they were constrained to find you guilty of murder. There may have been circ.u.mstances, if they could have been proved, which would have given a different complexion to the case from that of the dying declaration of the deceased, communicated to the Court through the frail memory of two witnesses, who varied in their relation of his account of the transaction. This declaration, so taken, was to be regarded as if taken on oath, face to face with your accuser; and, although you had not the opportunity of being present at it, and of cross-examining the dying man, yet by law it was receivable against you."