and oppression; and their wants, wishes, and grievances have been faithfully represented to the Government of the colony,’ and this, under the circumstances, was all that could possibly be effected.  There is, however, reason to fear that the destruction of the aboriginal natives has been accelerated from the known fact of their being incapacitated to give evidence in our courts of law.  I have frequently had to deplore, when applied to by the Aborigines for justice in cases of aggression committed on them by white men, or by those of their own race, my inability to do so in consequence of their legal incapacity to give evidence.  It were unreasonable, therefore, under such circumstances, to expect the Aborigines would respect, or repose trust and confidence in the Protectors, or submit to the governance of a department unable efficiently to protect or afford them justice.  Nor is it surprising they should complain of being made to suffer the higher penalties of our law, when deprived (by legal disability) of its benefits.  Little difficulty has been experienced in discovering the perpetrator where the blacks have been concerned, even in the greater offences, and hence the ends of justice would have been greatly facilitated by aboriginal evidence.  It is much to be regretted the Colonial Act of Council on aboriginal evidence was disallowed.”]

The following very forcible and just remarks are from Captain Grey’s work, vol. ii. pages 375 to 378:—­

“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.