I
cannot, however, but wish that squatting licenses were withheld from
persons who manifest such an utter disregard of human life as Mr.
Frances, even on his own shewing, has done.'
"And in this latter sentiment, under existing circumstances, I most
cordially agree. In Frances' case, the PERPETRATOR ADMITS his having SHOT
FOUR ABORIGINES, and for aught that is shewn to the contrary, it was AN
UNPROVOKED AGGRESSION. The natives, whose testimony Mr. Parker states,
can be relied upon, affirm that six were slain, and these within the
brief period of six months.
"In my last expedition I visited the country of the 'Barconedeets,' the
tribe attacked by Frances; of these I found a few sojourning with the
"Portbullucs,' a people inhabiting the country near Mount Zero, the
northernmost point of the Grampians. These persons complained greatly of
the treatment they had received, and confirmed the statement made to the
sub-protector by the other natives. The following are a few of the
collisions, from authentic documents brought under the notice of this
department, that have happened between settlers and Aborigines, and are
respectfully submitted for the information of the Government.
"CASES. - CHARLES WEDGE AND OTHERS. - Five natives killed and others
wounded at the Grampians.
"AYLWARD AND OTHERS. - Several natives killed and others wounded at the
Grampians. In this case Aylward deposed, 'that there must have been a
great many wounded and several killed, as he saw blood upon the grass,
and in the tea-tree two or three dead bodies.'
"MESSRS. WHYTE'S FIRST COLLISION. - William Whyte deposed that 30 natives
were present, and they were all killed but two, and one of these it is
reported died an hour after of his wounds.
"DARLOT. - One native shot. Two natives shot near Portland Bay by the
servants of the Messrs. Henty.
"HUTTON AND MOUNTED POLICE. - The written report of this case states,
'that the party overtook the aborigines at the junction of the
'Campaspee;' they fired, and it is stated, that to the best of the belief
of the party, five or six were killed.' In the opinion of the
sub-protector a greater number were slain.
"MESSRS. WINTER AND OTHERS. - On this occasion five natives were killed.
"One black shot by Frances.
"MUNROE AND POLICE. - Two blacks shot and others wounded.
"The following from Lloyd's deposition: - 'We fired on them; I have no
doubt some were killed; there were between forty and fifty natives.'
"BY PERSONS UNKNOWN. - A native of the Coligan tribe killed by white
persons.
"MESSRS. WEDGE AND OTHERS. - Three natives killed and others wounded.
"Names of Taylor and Lloyd are mentioned as having shot a black at Lake
Colac.
"WHYTE'S SECOND COLLISION. - ALLAN'S CASE. - Two natives shot.
"Taylor was overseer of a sheep station in the Western district, and was
notorious for killing natives. No legal evidence could be obtained
against this nefarious individual. The last transaction in which he was
concerned, was of so atrocious a nature, that he thought fit to abscond,
and he has not been heard of since. No legal evidence was attainable in
this latter case. There is no doubt the charges preferred were true, for
in the course of my inquiries on my late expedition, I found a tribe, a
section of the Jarcoorts, totally extinct, and it was affirmed by the
natives that Taylor had destroyed them. The tribes are rapidly
diminishing. The 'Coligans,' once a numerous and powerful people,
inhabiting the fertile region of Lake 'Colac,' are now reduced, all ages
and sexes, under forty, and these are still on the decay. The Jarcoorts,
inhabiting the country to the west of the great lake 'Carangermite,' once
a very numerous and powerful people, are now reduced to under sixty. But
time would fail, and I fear it would be deemed too prolix, were I to
attempt to particularise in ever so small a degree, the previous state,
condition, and declension of the original inhabitants of so extensive a
province."
Upon the same subject, His Honour the Superintendent of Port Phillip thus
writes: -
"On this subject, I beg leave to remark that great impediments evidently
do interpose themselves in the way of instituting proper judicial inquiry
into the causes and consequences of the frequent acts of collision
between the settlers and the aboriginal natives, and into the conduct of
the settlers on such occasions. I am quite ready to lament with the
Protectors, that numerous as the cases have unfortunately been in which
the lives of the Aborigines have been taken in this district, IN NO
SINGLE INSTANCE HAS THE SETTLER BEEN BROUGHT BEFORE THE PROPER TRIBUNAL."
Many similar instances might be adduced to shew the little chance there
is of evidence enough being procurable, even to cause the aggressor to be
put upon his trial, still less to produce his conviction.
Independently of the instances of wanton outrage, which sometimes are
perpetrated on the outskirts of the settled districts by the lowest and
most abandoned of our countrymen, there are occasions also, when equal
injuries are inflicted unintentionally, from inexperience or
indiscretion, on the part of those whose duty it is to protect rather
than destroy, when the innocent have been punished instead of the
guilty [Note 52 at end of para.], and thus the very efforts made to
preserve peace and good order, have inadvertently become the means of
subverting them.
[Note 52: Upon collisions of this character, Lord John Russell remarks in
his despatch, 21st December, 1839, to Sir G. Gipps: "In the case now
before me the object of capturing offenders was entirely lost sight of,
and shots were fired at men who were apparently only guilty of jumping
into the water to escape from an armed pursuit.
