In the colony of New South Wales, the return of all the trials of the Aborigines, from 10th February, 1837, to the 24th July, 1843, amounted to thirty-three cases, and implicated sixty-one individuals.  The offences were chiefly murder and assault, or stealing sheep and cattle.  In ten cases only, out of thirty-three, convictions took place, and nineteen individuals were sentenced, viz., twelve to death, six to transportation for ten years, and one to a flogging. [Note 93:  For particulars vide Papers on the Aborigines of Australian Colonies, printed for the House of Commons, August 9th, 1844.]

Among the natives, but few crimes are committed against each other; in fact, it would be somewhat difficult to define what their idea of crime would be, for that which is offensive on the part of another is considered a virtue in themselves.  Accustomed to act upon the impulse of the moment, and to take summary vengeance for injury, real or imagined, their worst deeds are but in accordance with their own standard of right, having no moral sense of what is just or equitable in the abstract, their only test of propriety must in such cases be, whether they are numerically, or physically strong enough to brave the vengeance of those whom they may have provoked, or injured.  Custom has, however, from time immemorial, usurped the place of laws, and with them, perhaps, is even more binding than they would be.  Through custom’s irresistible sway has been forged the chain that binds in iron fetters a people, who might otherwise be said to be without government or restraint.  By it, the young and the weak are held in willing subjection to the old and the strong.  Superstitious to a degree they are taught from earliest infancy to dread they know not what evil or punishment, if they infringe upon obligations they have been told to consider as sacred.  All the better feelings and impulses implanted in the human heart by nature, are trampled upon by customs, which, as long as they remain unchanged, must for ever prevent them from rising in the scale of civilization and improvement, or to use the apt and expressive language of Captain Grey upon this point, vol. ii. p. 217 :—­

“He (the native) is in reality subjected to complex laws, which not only deprive him of all free agency of thought, but at the same time, by allowing no scope for the development of intellect, benevolence, or any other great moral qualification, they necessarily bind him down in a hopeless state of barbarism, from which it is impossible for him to emerge, so long as he is enthralled by these customs, which, on the other hand, are so ingeniously devised as to have a direct tendency to annihilate any effort that is made to overthrow them.”

Those customs regulate all things, the acquisition and disposal of wives, the treatment of women, of the elders, the acquiescence of the younger members of a tribe in any measure that may have been decided upon by the old men, the rules which guide the international intercourse between different tribes, the certain restrictions or embargoes that are put upon different kinds of food or at certain ages, the fear of sorcery or witchcraft if they transgress the orders of the elders, or break through the ordinances that have been imposed upon them, and many other similar influences.