“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.