CAPTAIN GEORGE GREY, ON THE ABORIGINES OF WESTERN AUSTRALIA.

New Zealander, Volume 1, Issue 24, 15 November 1845, Page 3

CAPTAIN GEORGE GREY, ON THE ABORIGINES OF WESTERN AUSTRALIA.

We believe that although it is very generally known that Captain Grey gained much reputation, from a report upon the best means of promoting the civilization of the Aboriginal inhabitants of Australia ; yet, we doubt whether his views are much known in this colony. At this period, therefore, we have considered that a transcript of it would not be uninteresting to our readers.

Copy of a Letter to Right Hon. Lord John Russell, Secretary of State for the Colonies. Mauritius, June 4, 1840. My Lord, 1 have the honor to submit to }our Lordship a report upon the best means of piomoting the civilization of the aboriginal inhabitants of Australia, which report is founded upon a careful study of the language, piejudioes, and traditional customs of this people Feeling anxious to render this report as complete as possible, I have delajed transmitting it to your Lordship until the latest possible period $ portions of it have in the interim been laid before some of the local governments in Australia, and a few of the suggestions contained in it have been already acted upon. But as so small a portion of Australia is as yet occupied, and the important task of so conducting the occupation of new districts as to benefit the aborigines in the greatest possible degree yet remains to be performed, I have thought that it would be agreeable to jour Lordship to be put in possession of all such facts relating to this interesting subject as aie at piesent known. JNone but general principles, equally applicable to all portions of the continent of Australia, are embodied in this report ; and I am paiticularly solicitous that that poition of it which commences at the 21st paragraph, should receive consideration from your Lordship, as the whole machinery required to bring this plan into operation now exists in the different Australian colonies, and its full developemcnt would entail no expense whatever upon either the Home or Local governments. I have, &c. &c, G. Grey, Captain 38rd Regiment, Commanding Aiutialian Expedition. Right Hon. Lord John Uussell, &c. &c. &c

Report upon the best Means of Promoting the Civilization of the Aboriginal Inhabitants of Australia. 1 The aborigines of Australia having hitherto resisted all efforts which have been made for their civilisation, it would appear that if they are capable of being civilised, it can be shewn that all the s) steins on which these efforts have been founded, contain some common error, or that each of them involved some erroneous principle i the former supposition appears to be the true one, for they all contained one common element, they all started with one recognised principle, the presence of which in the scheme must necessarily have entailed its failure. 2. This piinciple was, (hat although the natives should, as far as European property and European subjects were concerned, be made amenable to British laws, yet so long as they only exercised their own customs upon themselves, and not too immediately in the presence of Europeans, they should be allowed to do so with impunity. 3. This principle 01 iginated in philanthropic motive?, and a total ignorance of the peculiar traditional laws of this people, which laws, differing from those of any other known race, have necessarily imparted to the people subject to them a character different from all other races ; and hence arises the anomalous state in whiah they have been found. 4. They are as apt and intelligent as any other race of men lam acquainted with ; they are subject to the same affections, appetites and passions as other men, yet in many points of character they are totally dissimilar to them : and from the peculiar code of laws of this people, it would appear not only impossible that any nation subject to them could ever emeige from a savage state, but even that no race, how ever highly endowed, however civilised, could in other respects lemain longin a state of civilisation, if they were submitted to the operation of surh barbarous customs. 5. The plea generally set up in defence of this principle is, >|iat the natives of this country area conquered people, and that it is an act of generosity to allow them the full power of exercising their own laws upon themselves; but this plea would appear to be inadmissable j for, in the first place, savage and traditional customs should not be confounded with a regular code of laws ; and, secondly, when Great Britain insures to a conquered country the privileges of preLeiving its own laws, all persons resident in this territory become amenable to the same laws, and pioper peibons are selected by the Government to watch over their due and equitable administration j nothing of this kind either exists, or can exist, with regard to the customs of the natives of Australia; between these two oases then there is no apparent analogy. 6. I would submit, therefoie, that it is necessaiy from the moment the aboriginas of this counlr) 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 Biitaiu ; or to put this in its true light, that all authoiized peisons should, in all instances, he required to piotect a native from the violence of his fellows, even though they be in the execution of their own laws.

7. So long as this is not the case, the older natives have at their disposal the means of effectually preventing the civilisation of any individuals of their own tribe, and those among them who may be inclined to adapt themselves to the European habits and modes of life, will be deterred from so doing by their fear of the consequences, that the displeasure of others may draw down upon them. 8. So much importance am Idisposed to attach to this point, that Ido not hesitate to assert my full conviction, that whilst those tribes which are in communication witu Europeans are allowed to execute their barbarous laws and customs uponone 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 couise 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 slate of civilisation, which those laws have a manifest tendency to destroy and overturn. 9. I have known many instances of natives who have been almost or quite civilised, 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. 10. Tt is difficult to ascertain the exact effect the institutions of a country produce upon the character of its inhabitants ; but it may be readily admitted, that, if two savage races of equal mental endowments, and with the same capacity for civilization, were subject to two distinct seis ot'laws, the one mild and favourable to thedevelopementof civilization, the other blood thirsty and opposed to it, the former race might gradually be brought to a knowledge of Christianity and civilization, whilst precisely similar efforts made with regard to the latter would be attended with no beneficial result. 11. Again it would be unfair to consider the laws of the natives of Australia, as any indication of the real character of this people ; for many races who were at one period subject to the most barbarous laws, have, since new institutions have been introduced amongst them, taken their rank among the civilized nations of the earth. 12 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 slightly for the violation of these laws would inflict no great injury on them, whilst by always punishing them when guilty, of a criiiie, without reference to the length of period thai 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 gtadually the laws to which they were henceforthto be amenable, and would shew them that crime was always eventually, although it might be remotely, followed by punishment. j 13. I imagine that this course would be more merciful than that at present adopted j viz. to punish them for the 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 minder, &c., are generally criminal, but only that they aie criminal when exercised towards the white people, and the impression, consequently exciied in their minds is, that these acts only excite our detestation when exercised towards oui selves, and that their criminality consists, not in having committed a certain odious action, but in having violated our prejudices. 14. In the vicinity of towns where there is a ceitain judicial force, and where on account of the facility of obtaining food the natives alwajs congregate it would by a steady and determined line of conduct, be comparatively easy to enforce an observance of the British lawsj but even partially to attain this object in the remote and thinly settled districts, it is necessary that each colony should possess an eificient mounted police, a portion of whom should be constantly in movement from district to distiict, whilst another portion, resident in a central situation, should be ready to act instantly in any direction where their presence was required. I do not apprehend that this body need be numerous, for their utility would depend more on their activity and efficiency than on their numbers. It is absolutely necessary, for the cause of humanity and good order, that such a force should exist; for so long as distant settlers are left unpiotected, 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 crime on the part of the natives, and massacies 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 diawn down so fearful a vengeance upon them. 15. The gieatest obstacle that presents itself in considering the application of the Biitish laws to these aborigines, is the fact that from their ignorance of the nature of an oath, or of the obligations it imposes, they are not competent to give evidence before a court of justice ; and hence in many cases, it would be extremely difficult, if not impossible, to obtain evidence on which a prisoner could be convicted. 16. One mode of evading this difficulty would be, to empower the court to receive evidence from the natives in all cases relating solely to themselves without the witness being sworn, only allowing testimony of this nature to hold good when borne out by very strong circumstantial evidence; — 2ndly. To empower the court always to receive evidence from natives called on by a native prisoner in his defence, such evidence being subject to the before named restrictions. 17. The fact of the natives being unable to give testimony in a court of justice is a great hardship on them, and they consider il as such ; the reason that occasions their disability for the

performance of tliis function is at present quite be) ond their comprehension, and is impossible to explain it to them. I have been a personal witness to a case in which a native was most undeservedly punished, from the circumstance of the natives, who were the only persons who could speak as to certain exculpatory facts, not being peimitted to give their evidence, 18. There are certain forms in our colonial courts of justice, as at present conducted, which it is impossible to make a savage comprehend. I attended one quarter sessions, at which a number of natives were tried on a great variety of charges. Several of them were induced to plead i guilty, and on this admission of their having committed the crime, sentence was pronounced upon them. But when others denied their guilt, and found that this denial produced no corresponding result in their favour, whilst at the same time they were not permitted to bring forward other natives to deny it also, and to explain the matter for them, they became perfectly confounded. I was subsequently applied to by several intelligent natives to explain this mystery to them, but I failed in giving such an explanation as wou'd satisfy them. 19. The natives beiug ignorant of our laws, of the forms of our courts of justice, of the language in which the proceedings are conducted, and the sentence pronounced upon, them, it would appear that but a very imperfect protection is afforded them by having present in the court merely an interpreter, (very often an ignorant man,) who knows nothing of legal proceedings, and can be but very imperfectly acquainted with the native language : 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. From these considerations, I would suggest that it should be made binding upon the local government, in all instances, (or at least in such instances as affect life,) to provide a counsel to defend native prisoners. 20. Some other principal preventives to the civilization of the aborigines, in addition to those I have already stated, are, lstly. The existence of an uncertain and irregular demand for theit labour : thus they may have one day sufficient opportunity afforded them for the exeition of their industry, whilst the next day their services are not required, so that they are compelled once more to have recourse to their former irregular and wandering habits. 2ndly. Their generally receiving a very made* quate reward for the services they render; this, combined with their natnral fondness for the bush, induces them lo prefer that mode of subsistence which, it is infinitely more agreeable, and less laborious, procures for them nearly as great a reward as living with white people. 3rdly. Their not being taught that different values are attached to different degrees of labour, as well as to the skill and neatness with which it is performed. 21. These impediments might all either be removed or modified in some districts by the establishment of native institutions and schools, but in forming ageneral plan for their removal which would be equally applicable to all parts of a colony, a very novel difficulty presents itself. 22. Imagining that a native child is perfectly cipable ot being civilized, let it also be granted that from proper preventive measures having been adopted, this child has nothing to fear from the vengeance of the other natives, so that it stands in these respects nearly or altogether in the position of a European. 23. If this native child is a boy, who is to pay the individual who undertakes to teach him some calling, the fee usually given with an apprentice; who will idemnify this person for the time ' he spends in instructing the boy before he can derive any benefit from his labour, or for the lisk he incurs of the boy's services being bestowed elsevThere, as soon as they are worth having ? 2 k Until this difficulty is got over, it appears evident that the natives will only be employed in herding cattle, or in the lowest order of mantjal labour, which requires no skill, and for which the reward they receive will be so small, as scarcely to offer an inducement to them to quit their present wandering mode of life. 25. The remedy I would suggest for this evil wo.ild hane another advantage besides a tendency to ameliorate it, for it would give the settlers a great and direct interest in the aborigines, without entailing any expense upon the government. It is founded on the following fact. 26. The government, in order to create a supply of labour in the colonies, have been in tne habit of giving ceitain rewards to those individuals who introduced labourers into them. Now, it would appear that he who reclaims one of the aborigines not only adds another labourer to those who are already in the colony, but fuither confers such a benefit on his fellow settlers, by rendering one who was before a useless and dangerous being, a serviceable member of the community, that this circumstance alone entitles him to a reward. 27. I would therefore propose, that on the production of the hereafter-named documents, a settler should receive a certificate entitling him to a certain sum, which should either be allowed to reckon towards the completion of ceitain local duties, or else as a remission certificate in the purchase of land, or, in lieu of this, a grant of land ; and that this sum or grant should be regulated according to a lable specif) ing the various circumstances that are likely to occur, and drawn up by Ihe local government of each place, where such regulation should be inttoduced. 28. The documents to which I allude are these, lstly. A deposition before the nearer magistrate to such settler's house, that a native or natives have been resident with him constantly for the last six months, and have been employed in stated species of labour. 2ndly. A certificate of the government resident of the district, that to the best of his belief, such statement is true, for that, on his visiting this settlei's house, the stated number of natives were there, and weie respectively occupied in the kinds of labour desciibed.

3rdly. A certificate from the protector of abd* rigines that he had visited this settler's house, that the staled number of natives were resident there, and appeared to be progressing in the knowledge of that branch of industry, in whicU they were respectively stated to be employed. 29. It would be further neceisary that any settler who intended to endeavour to reclaim natives, should give a short notice to the protector of aborigines, previously to the commencement of the fiist six months. 30. Could this plan be brought into operation, the work of the civilization of the aborigines would at once be commenced upon a great scale; it would not be confined to a single institution, but a variety of individuals, endowed with different talents and capacities lor this work would at once be enployed on it; it is, indeed, rather suited, and intended for the outskirts of civilization, thinly populated by settlers, than for towns, yet it is applicable to both, situations; whilst its direct cperation would be to induce the settler adequately to remunerate the native for, as well as to provide him with a consiant supply of labour, and to use every exertion, by kind and proper treatment, -to attach him for so long a period as possible to his establishment. 31. In considering the kinds of labour in which it would be most advisable to engage natives, it should be borne in mind, that in remote districts where the European population is small, it would be imprudent to induce many natives to congregate at any one point, and the kinds of labour in which they should be there engaged ought to be of such a nature as to have a tendency to scatter them amongst the separate establishments. 32. Whilst in the well-peopled districts, where a force sufficient both to protect and control the abo* rigines exists, they should be induced to assemble in. great numbers, for they work much more readily when employed in masses, and by thus assembling them on oue point, their numbers are diminished in those portions of the colony which have a small European population, and they are coucentrated at a spot where proper means for their improvement can. be provided. 33. The first of these principles has been strictly attended to in the plan proposed in the 27th and following paragraphs of this report; the second has been, carried into successful operation in Western Australia. 34. In order that the work on which the natives are employed in the vicinity of towns should be of the most advantageous nature, it is necessary that it should be productive of benefit both to themselves and the Government which employs them, so that it cannot be complained of as a useless expense, whilst at the same time it should be of such a kind as toaccord with that love of excitement and change which is so peculiar to this people. 35. B,)th of these ends would be attained by employing the aborigines either in opening new roads or in repairing old lines of communication ; indeed this mode of employment is singularly suited to the habits of this people; they might be kept constantly moving from post to post, thus varying the scene of their operations, one portion of the party might be employed in hunting with kangaroo dogs, or fishing, in order to supply the with fresh meat ; and the species of labour in which the main body were engaged, might, if they wished it, be changed once or twice in the course of the day, to prevent their being wearied by the monotonous character of their employment. 3d. Among other enactments "which I Tjelieve would have a tendency to promote the civilization of the aborigines, and which are applicable to those districts in which for some time a great intercourse has existed between the natives and Europeans, are the following— 37. That any nativewho could produce a certificate (from the protector of aborigines) of having been, constantly employed at the house of any settler ,for a period not less than three years, should be entitled to a grant of land, the extent of which should be fixed by the local government of the colony to which sucb. native should belong, and that if possible, this grant should be given in that district to which this native by birth belonged. That in addition to this graut, he should receive*, sum of money, the amount of which should be fixed by the local government, and which should be drawn from the funds raised by the sale of Government land=, and which sum should be expended in goats, poultry, &c. , so as to enable the native in some manner to stock his laud. Thai any native, having only one wife, who produced a certificete of the civil marriage contract having been performed between himself and her, by the resident of the district to which he belonged, shonld be en itled to a small reward. That any natives who registered duly the birth >ot any of their children should be entitled to a small reward. That some competent person should be paid to in-« truct two native boys in such a mauner as to qualify them to act as interpreters in courts of law, and that as they are found competent, they should be employed for that purpose. I believe that many other regulations, similar do these, would be found to produce a very bene.ficial effect."

Abolition of Gretna Green Marriages. — One of the nine bills brought in toy Lord Brougham, a few evenings since in the House of Lords, and just printed, is a bill "for amending and declaring the law of marriage.*' The first clause of this proposed act declares, that from and after the Ist day of January next, jio marriage solemnized in Scotland shall be valid, either in Scotland or any other part of the United Kingdom, or of the dominions belonging thereto, unless hoih the parties were born in Scotland, or had their most usual place of residence there, or had lived in Scotland for three weeks next preceding such marriage 5 "a»y law, custom, or usage to the contraiy notwithstanding." The bill also proposes to enact that all children who are legitimate in Scotland shall be deemed so in all parts of the United Kingdom ; and further that, aJI marriagesand divorces, valid by the law of Scotland shall be deemed so in all other parts of the United Kingdom. The bill finally declares that all persons forging marriage certificates, are to be liable to transportation for life, or any smaller term the court before which they may be tried may think fit to award. Five Facts.— A firm faith is the best divinity, a good life the best philosophy, a clear conscience the best law, honesty the best policy, and temperance the best physic.