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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre filmis d des taux de reduction diffirents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est film6 A partir de I'angle supirieur gauche, de gauche i droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants iilustrent la m6thode. 1 2 3 1 2 3 4 5 4<^ OUTLINE OF A U SYSTEM OF LEGISLATION, FOn SECUftlNC PROTECnON TO Till! ABORIGINAL INHABITANTS OF ALL COUNTRIES COLONIZED liY GREAT BRITAIN; I i i ■ -i t EXTENDING TO THEM roiilTIOAL AND SOCIAL nicriTS, AMKT-IonATINO THJUR CONDITION, AND PUO.MOTINf, THKIU CIVILIZATION, I '! BRAWN UP AT THE KKQUEST OF THE COMMITTEE Of "THE ABORIGINES PROTECTION SOCIETY," FOll TIIK rUKPOSE OP REINQ LAID DEFOUE THE OOVEK.NMENT. By STANDISH MOTTE, Esq., (or TUB MIDOLB 'IXMrLE, OAItniSTCn-AT-UV.) A MEMBER OF THE COMMITTEE. ■i- " What in Uic race of mankind but one family widely scattered ujion the face of llio canli ?" " All met) by nature arc brothers." Fenelon. ^i LONDON: PUDLISHED 13Y JOHN MUnitAY, AI-UEUMAnLE STREET; SAUNDEIIS AND OTI-EY, CONDUIT STUEET; HATCHARD AND SON, PICCADILLY ; SMITH, KLDKlJj AND CO, COKNim.L, 0. FRY, BISUOl'OATE STUEKT, WITHOUT; AND W. IIOL'LSTON, 35, moil iioLnoRN, Price One SliiUiug. 1810. TS'-:''^*5$5?pe E^t^i^m.f^iM^ im^j'i^ - iiTWHWlMiWiTillii-: I 1 ■'i. tT i'uinti:d roll rni: society, llY J. ilADUON, OASTLK STMKKT, FINSIiUnV, ">. r r n*t'^iM'*^.*'ffvr--f^ T^ffi* **'**S^'' iWEL^^^i^^f^. •jm^m^' ^K^ .v» THE COLONIAL .AIINISTER, AND THE LEGISLATURE OF GREAT BRITAIN, MITII TUB V1«W OP fHOM^lTSXIl THE iM)OPTION 0I<^ SOME LEGISLATIVE MEASURE, Foil TIIK l>nOTF.CTION Of THOSE NUMEROUS KACES OF HUMAN BEINGS, WHOSE TEnniTOUirs Aitr. daily AUOsiKNTiNrj ovn vast rossrssioss, AND WIIOJl WK ark noUNI), nv KVRuv pniNcri'LR op justick and humanitv, TO SUCCOUR AND PKOTRCT. In milking the followiiig sketch, at the request of the Committee of the Aljori- gincs Protection Society, I have nvailed myself of many vahiahlo suggestions from several of it3 active members, as well as of extracts from the reports of Parliamen- tary Conmiittecs, and of despatches from the Colonial Oflicers of the Crown. STANDISH MOTTE, Lincoln's Inn Fields, July 20', 1840. I ■r ^M.ih^fK^^y''y''^''-*ir' ►2IIBiyBk^y25!ai*Sla^^Sy»*!h^^ I AT A MEETING l)F THE COMMITTEE OP a' HE ABORIGINES' PROTECTION" SOCIETY, Held August the Vlth, 1040, fr WAS TJKf^OLVED, Th;it ihc: Lliauks of tliiri Society are especially clue to Mr. SlaiulisU Motte, lor his valuable " Outline ol' a System of Le- '_;i-;lutio;"i, iwi' SL'cui'iuy; proleetiou to the Aborip;iues of Britisli Colonies;" and that tiic Outline bo printed by this Society, lur circulaliou among its supporters, as well as the members of the legislature. FiiEDEiuciv JNIaitland Innes, Secrclary, uifce of Ihc .V'oriijinc.s' Vrolrelion Sortcli/, \7, Beaufort Uiiifdiinjs, Slrund, •^: f .■• ■'' rr, Y, Mr. Le- ilish bcrs \-.'' Y I. Necessity tor Legislation. " // will scarcely he denied, thai as an cnliyhlcned and Chrhtlun propk, tec arc at least hound to do to the iiifiabilants of ol/icr laiidn, xvliclhcr cnliyhlcncd or not,ni »/■(■ should inshuilar circumstancea desire to Ic done lij ; hut hei/und the oh/iijniions of couiiiKiii luincsly, we are Iniind hij two considerations: Just that of l/ie iiljility wlilcli wo jiossoss to confer vpon tluni the most inijiorlunt henejils ; and senDid/y, Ihiit of llicir iiiiil)ility to resist any encroaehiitent, however -anjusl, hoirever mis- chitfuas, which we way he tli.sjjoseil to ntake. The dispurify of the jmrties, the slrcnyth of the one, and the incapacity of the other to enforce the ohscrvame of their rifjhts, constitutes a nexv and irrcsistihle appeal to our coni]iassio)mle protection.'''' " The duty of iiitroduciny into our relations with iinciri/izcil nulions the riyh- ieous and projitahic laws (f Justice is inconlrovertiUe, am! it has been rcjicaledly acknowledyed in the abstract, but has toe fear been rarely bronyht into practiec ; for as a nation we hare not hesitated to invade many of the riyhls wh'ch they held most dear,'" — llejiorl of a St'lcct Coniniiltcc of llic House of Conuiiuiis on llic AI)origiiiC3 of British Settlements, 1!537. The reckless and lawless conduct which has hitherto characterized colonization, in reference to the Abori- ginal Inhabitants of the Countries Colonized, — the atrocities and cruelties perpetrated, — the injustice, the sull'ering, and the loss of life which have resulted to the aborigines, — the deep injury i!i- flicted upon the political and commercial interests oi Great Britain thereby, — and the stain upon our national honour, are too well known to require any lengthened detail. The printed reports and papers of tlie Parliamentary Committees of Inquiry, as well as tliose of the Aborigines Protection Society, have recorded the fac/s in evidence; the irufli of wliich un- fortunately is too faithfully supported and confirmed, l^y the evcnia which are daily occurring in our colonial possessions. h'\ ill ':::r^i^ •m^M^i '^^:^^^2Mmitm^^smx<^.'f?'^^-':^'^-r^T> r-:w>v.jK>if^sv4, I , TIkU these cryiiio* (3vils, lr,\vo mainly arisen from tlu! absence ol' an ciliciont system of lej^islation, must be equally manifest. From the want of a proper and wliolcsonie restraint, by which the colonists should have been compelled to respect the rights of the native inhabitants, and to conciliate their goodwill : — cruelty, tyranny,und 0[)pression have been the result, leading to the worst species of despotism, alike degrading to tlic oj)prcs?or and the oppressed : — while these in Their tui'n have led to a continuance of barbarism, savage ferocity, and a deep and dark revenge, rendered more baneful by the partial adoption of civilized weapons and customs, and ending' often in the de- si ruction of tlie lives and property of innocent and V . rtliy persons, who have thus become unwittingly the viflirns otTered up to the shrine of vengeance, for the wrongs indicted 'Ijy others upon the aboriginal in- habitants. The rapidly extending political and commei'cial relations of Britain (comprehending under the impcr rial rule not less than one-sixth of the inhabitants of the globe), — the pouring- forth of a wide stream of emigration from her shores to the uttermost parts of tlie earth, — the increased facility of international com- munication by steam (favoured as this country is by rlio development of science and its application to liieehanical power, and destined as it would seem to heconie the pioneer of colonization, and to usher in a itew era of intelligence and civilization to portions of the globe hitherto comparatively unknown), — render it the paramount duty of tlie people and government iraiy, justly, and humanel}' to fulfil the great TiHist in them reposed ; to be careful that in grasping- j>' * ^. -a j^ ■» :■' if-r '^TT!''^^'*^ '7^''^^1¥^(^ ■^frtrtpj "i'.^ 1 ' y the coiiiincrcc of tlic earth wc do not detViiud ; in acquiring' possession of territory we do not despoil ; in pkmting new colonies, vvc do not demoralize, ruin, and exterminate those wlio by birthright are nature's lords of the soil they inhabit ; but so to combine and guide intelligence, enterprise, and capital, as to direct them to tlieir legitimate ends; political and commercial reci- procity, and the dill'usion of religion, knowledge, and civilization, among the heathen nations of tJie earth. Hard indeed has been the lot of the poor untutored aboriginal inhabitant : — suddenly invaded by a race of men whose very name and existence, in numy eases, were previously unknown, he has been hunted as a wild beast, driven from his father land, and obliged to seek among a warlike and perhaps hostile tribe that home which the civilized usurper denies him ; until he finds a refuge in death by the hand of his enemies, or in misery pines away his existence. Is he permitted to remain near the white man — tlie picture is still more melancholy ; he is treated as a creature of inferior nature, unable to cope with civilized Jiabits : — without property, no respect is paid to him ; without knowledge, he becomes tlie dupe of his civilized neigh- bour ; he is fostered only to be defrauded of liis land, his labour, or his liberty. Is he wronged? — he has no redress ; without experience in our laws and customs, he is expected at once to conform, or to suffer punish- ment ; 110 allowance is made for his lares, Jiis customs, or his ■prejudices ; and lastly, without knowledge, education, moral restraint, or self-control, he is sub- jected to every temptation which cupidity can in- vent, or the vices of artificial society can propagate. Can it be wondered at that such a beino' becomes con- S:* ■''■«■»* ''^^^f^WAI^'-', I 8 tainiiiatcd — Miut liu becomes pliyslvully eliscasod, morally dubasod, and losiiij;' llic siinplo and noble attributes of iiis native eliavuctcr, I'oroets tbc virtues of lii^ rare, and clothes hiniselt' with the vices of civilized society ? • \\1i;it crimes or atrocities does history clironiclc, more liorrifying tlian the details of the cruelties prac- tised upon the untutored native? lie is first deprived of liis land, next of his liberty, — his body is poisoned ^vitll disease, his blood is maddened with liquid fire, Ills passions arc excited by revenge and despair ; and ill tills state he is provided with the direst and most deadly weapons of destruction. Can the sequel be won- dered at ? His Christian brethren who have professed to civilize him stand by with heartless complacency, be- holding tile gradual extermination of his race, and tlie passing of the land of his fathers into their possession. Such is the process now causing the gradual depoj)ula- tieu and extinctionof thenative iidiabitants of Amci'ica and Aiiica, of New Holland and the islands of the Pacifie. Is this Cliristianity — is this civilization? Forbid it, justice, truth, humanity ! forbid it, selfish- ness ! Yes, on selfish, on sordid, on mere commercial gvouiuls (if such motives can be necessary for just legishitlou), it might be demonstrated that the ac- (jiiircmeiit of wealth and power, would in the end be greater, and far more permanent, not only to the individual members of a colony, but to the country colonizing : — l)y ailbrding political protection to the iialive iidiabitants, securing to them justice in their imitiud relations, and dealing out to them with the lj;ind of charity and Christian forbearance, leniency to fiicii' faulrs, allowance for their prejudices, and libe- r;ilitv for tln'ir jiood dcjiuls. \ 1;\^ V '•t-''*'T'^y*-yr'-^ W. } : •" To encourage ami devclopc, not to diinip or (lcslri)y tlu'ir iiiitivc ardour and energy ; to diroei, and not lo weaken their physical character; to eidi^'liten tlieir minds hy reason, and not to darken tlieir uncUustand- ing by decej)tion or mystification; to help, laid not to oppress, should be our object ; — so as to cultivate and promote that mutual dependence and reciprocal good-will, which should make them view us as brothers and patrons, and not as intruders or hard task-masters; — and which by arousing and enlisting their sympathies, woidd infallibly lead them to be moral, intelligent, peaceful, and happy, — attached fric!nds, and faithful allies. ^'l^ V If our international communication is to benefit us in a commercial point of view, it must be reciprocal ; if possession of territory, or an extension of sovereign power bo our object, it must be based upon natural justice ; — which is so comprehensive in its nature, that it embraces in its scoj)e alike the rights of an indivi- dual or a nation, the title to possession of an acre or a continent. If planting new colonies, extending the political and eommereial relations of our eoiiutry, oi)en- ing new fields for British capital and enterj)rise, and creating a vent and employment for that industry and Intelligence which is stagnant at home, are desirable ; — we must be careful that the basis upon which we form those colonies is just, that they may llourish ; and that the relations with the aborigines are re- ciprocal, that they may be lasting. If to these objects, we add the ennobling desire of spread- ing civilization by means of the diiiiisiou of intel- ligence — of the useful arts and sciences — of religion, virtue, and morality — of raising the character of H wi| ,mi »iM| - i mi i.'f>»"'y ' - r'T'"!*"^"T(»>ii!sel\ es, of wJiatever race they may consist, whetlier (■[' Ai'rifa or America, of New Holland or the islands if ill'; I'acilic, — [)eacc sliould be; our motto, — the ■wiivc iji'anch our weapon, — the wheatsheaf our olhn*- 'i\rj:, — a.nd iLe Ijible the code from which to irame ()>■: l;.\vs. 7 i-^xp^iiencc tells us, that the most ferocious animals iuav If eharmt'd and tamed by the genius of nnui, witiioiit fn'ce or ^'iolence. If this can bo eliected witJi '.i.i'tc hvuU' instinct, what irniy v»u nut expect to do witii luL'u by the elfect of rea.-on ? 11' brutes, witli • r^.'jrj ^^: "!;•?«?»'; 7 11 mere instinct, can be broug'lit to love man, and obey him, how much more sliall untutored mind be inllu- cnccd by superior intelligence. It is a universal law, that intelligence, which is the offspring' of truth, must prevail ; liow soo^i, — how far it shall prevail over those extensive regions of the earth, where civilization and religion have yet to make their way ; — to the gradual extinction of savage barbarism, cruelty, op- pression, famine, and bloodslicd; — and by " turning the sword into the ploughshare, and the spear into the pruning-hook/' tend to the gradual spread of intelli- gence, virtue, freedom, peace, goodwill, and civiliza- tion, among the new worlds called into existence by European enterprize and philanthropy — depends much upon the course now taken by the Government of this great nation. The following is submitted as the means for promoting so desirable an end. 2. AprOINTMENT or A CoM.MlSSIOiV 01' l.\'(IUIIiY. To devise tlie best means of legislating with refer- ence to the abcn'io'ines of all countries colonized bv Great Britain, it will be necessary to lay down cer- tain general principles, from which laws may be made to emanate applicable to each. To lu'ing those laws into action a modification in some cases may be necessary, as the details will involve an inquiry into, and consideration of, the moral, physical, and political condition of each nation or class of aborigines, the local- ity and nature of the soil they inliabit, its climate, pro- ductions, and capaljilities ; in fact, all the circumstan- ces making a physiological, or political distinction, be- mwim^m^w^s^ L'^>^-Aiim<^^ JJSJSMSSJ^sr^.fjK/.'^.f^j?!:^ I I 12 iwccn tlio various aboriginal races of man now existing, iuui a ^■co[j,'rapliical and political dillcrcnce between the countries they inhabit. For this purpose, and in order to obtain tlic data for r^eciu'inn- a just and equitable sj^stem of legislation, it is :U))H"ll ttcd- Tliat power sliall be forthwith delegated by the Cr(i\Mi to certain competent persons, to inquire into, and I'cport generally, upon the jiresent state and con- dition of the aborigines of all countries colonized by (I'.ijiit Britain, as well as of those countries with which \vo have, or are likel}^ to have, commercial or political I'ciariuns, That every facilit}' sliall be given by the Colonial OllkcN and the various colonial olheers abroad, by r.iriii.-hiiif;' to llic Commissioners sucli statistical and orlici' (hifa and inlbrmation as may in any way tend lu jiroiiiote the object. That the Commissioners shall have power to examine siijli persons as they may consider necessar}', and to '.Lill tor any political or commercial treaties, legal pro- (.feiliugs, books and papers, and othcial and other (I'H.-ur.ients, tliey may deem likely to throw light uj)on []'.■• -ii])j<.'ct of in(|uiry,or which may tend to elucidate Uic jnC'Lut condition of the aborigines of our colonial pcT^L.-.-rioiis, or tlieir relations with the colonists. Thut jjowcr shall also be given to investigate the ri'ihts ant! privileges of the aborigines, acknowledged \r/ Av.y ti'eaties or arrangement with the ]3ritish go- ' oiumiijc oi; its agents, the nature of the title and ry %* ^'^;^im^¥^^^^MJM^;l,!i^MMM^i^^^ i^y i ey 13 claims of the aborigines to land, the mode of alicnaling or selling- tlie sa;ro, and tlic quantity of land sold, with the value pa That, as soon as possible, the Commissioners shall collect and properly classify all the fiicts in reference to the physical and political character of each race, people, caste, or tribe, as well as of each country, into as brief a space as is consistent with the object of the inquiry ; and that the results of each particular inquiry shall be reported specially. Tliat the Commissioners shall also report, as far as they are able, the proximate or apparent cause for the difference in the character, habits, and customs of tL people in various colonies ; the soil, climate, he, as well as their views in relation to each peoi)le, and the best means of legislating in reference to them ; when and liow far they would recommend the adop- tion of similar laws and institutions, and when not, the reason ; as far as possible tracing cause and effect, and adducing facts thereon in support of legislation. That as soon as they shall have so classified all the facts, they shall proceed to draw up a general system of legislation, together with a subdivision of particular laws applicable to each people or country requiring special laws ; the reasons for the same being given in the appendix, founded upon the facts in evidence col- lated. 3. General rniNciPLEs of Legislation. That such system of legislation shall )je based upon V* '^'^'^^^'^fS^'*''*^"^''^''^'^''^'*:*'^'^'''^'^ I 14 lu' ilcfliimtiou of the iiidcleasible viii;lits ol* cvcrv .])K\, (not iiiuler allegijince to any otlier powor,) t(» Si.' natural ]'i«i,lits of man, compiTliending, * 1. TJieir rig'hts as an independent nation. That no countiy or people has a right by force or fraud to assume the sovereignty over any otlier nation. 2. Tliat such sovereignty can only he justl}'- obtained I by fair treaty, and with their consent. ■J. That every individual of a nation whether in- dependent or owing allegiance to any other ])ower has a right to personal liberty, and pro- tection of property and life. That' such system shall embrace — 1. CoUNTRir.S ACKNOWLEDGING OUR SOVERKIGV Authority. 1. All countries already colonized by us. •?. All countries which we may colonize hereafter. T 11. CoUXTRIES NOT UNDER THE SOVEREIGN PoWER OF Great Britain. i. All countries where we have territori.'il rights, but where the natives still preserve their inde- pendent sovereignty as a nation. 2. All countries where we have no territorial rights, ]jut with which we have any commercial or political connexion, by treaty or otherwise. Jl:;^'^f,>,^:.i..:^^ k.>^ •v 15 4. OUTLIN'K OK Com: PROI'OSI^D. Rigliis of F?'opcrtjij. That in future it be a fundamental principle in N" ^"'i • ■•• •»■ IlU'llt ill 111- colonization, that no settlement shall be made on any "l;;''-,"',''"'^ land possessed or claimed by its aboriginal inhabitants, fJ'ii''J;'!-|'J'.' without their consent, formally obtained by treaty, or ''•''"'""" otherwise substantially acknowledged by them. That no treaty or agreement with any aboriginal .^!,';™;,'''' inhabitants of our colonies, on the part of tlio British iMt'rH'.n * \uii;iill[ .1111- Government, or by British subjects, shall be valid, ];;•;, ';;;^;.'::'i'. unless it secures an adequate reserve of territory for ""' the maintenance and occupation of the aborigines and their posterity. That a survey and report be forthwith made of all r."".'? j'/'ui; sales of land by the aborigines, to British subjects, in IuIIIumvuim,. live ycur*. countries under the sovereignty of Great Britain, within the period of five years past, together with the amount and nature of the consideration paid for the same. That when any fraud, force, or deception has been /,';;Y,'f;,'i"[,;':;' used to obtain the same, such sales shall be declared l"k"''"''''"" altogether invalid. That in future a registry shall be kept of all i";,;f^Xf sales of land by the aborigines ; that such sale shall only be made in the presence of the official agent of the Aborigines Board of Protection, and shall be fully explained, and the nature and amount of the conside- ration set forth, together with the portion reserved for the aborigines. That any neglect or infrino'cment of these rcii'ulations rorroii.m. shall subject the land so purchased to be forfeited to ['^'Ji-'.lp; """ the crown, for the use of the aborigines, or to heavy penalties, payable to the aborigines fund. ifi if ill it- I I •cril'My I'.i-.Uiiicr-i i;. II.' I'lT U.)- liari.Mi'llo iVf il Uoi- \lIi)l.ir.onts liul'.on. ■n.itU' IG That tlio territory so reserved for tlio nborigincs shiill l)c vested in uiul .sul)ject to the control of the commis- sioners, in trust for the aborigines. That the aborigines shall be located upon the reserved lands upon the allotment system, with the emulative principle of a further grant of land for improvements ; that in making the allotments of land to the natives, an adequate portion shall be appropriated to each family, but regard shall be had to the previous rank and pos- sessions of the parties. That such allotments shall be inalienable by the aborigines, excepting in exchange for other land with the consent of the agent, or by will or descent ; and that in case of intestacy, or failure of issue or heirs, tlie same shall revert to the commissioners for the benefit of the aborigines' fund. That in all such transfers of land between the com- L'lon'r.s'l'n.i, missioners and the aborigines, no stamp duty be ]ll'.;tv disptllj- . . charged. Tliat where the lands reserved for the Aborigines shall be extensively continuous, they shall be divided and subdivided into counties, hundreds, and townships, in conjunction with a corresponding organization of its Inhabitants. That lliG whole of such lands shall be registered Yv'ith a plan of the same, together with the owner and occupier's name, so that the location of each person ]iiay be known, and available for service or protection. That v.hcrever the Aborigines shall be settled in large numbers, or in tribes or families togetlier, the local administration of justice, for all minor offences committed among thcmselvps, shall be vested in the eliicts 01- heads of .families, who shall act as magis- trates, witli power of empannelling a jury or court of I trirMiri it J Ml. J I'l .IM (.':■.•;! power to Iji; vcitL.l ill I'.i-.nlj (,)' !i I I"in (.1- la- iiii.i"!, >• fr,s ics shall lonimis- escrvcd nulativc cments ; ;ivcs, an 1 family, nd pos- by the nd with nt ; and or heirs, for the ^he corn- duty be )orig'incs divided wnships, ion of its igistered vncr and :i person otection. cttled in tlier, the offences d in the s magis- court of >• Nalivct to he trained ni u ciiiiiluliiiliiry fuKC. 17 not less than seven natives, of which the verdict of a majority shall be in all cases binding. That for the protection of life, of property, and the preservation of the peace, such magistrates sliall have the advice and instructions of the law officers of the colony, and be assisted in the execution of their duty by the native constabulary force. Conatahular}) Force. That with the view of protecting the aborigines from the aggressions of their own body, or from injury from the colonists, as well as of repressing offences against the colonists, and preserving peace, a certain number of the aborigines be trained as a constabulary force, and organized and maintained under the au- thority of the colonial o;overnor. That in all cases of death, or of injury to the person or property of any aboriginal inhabitant, it be the duty of the constabulary force to communicate the facts immediately to the aborit>inal airent or board. ApprctUiccs/np and Service. That no colonist shall have the power of takino- any Nonbt. i rontr unc IXfl' ./ d( C( z^'^m '"■:'ft. ": 11) 1)C also sent by tlic '*# \;t-V'm'!^ zimm^^M^^^^iT^m^^E^M I k!..:,l!l 20 Tliat .'Siicli cvulcncc sliull not In; invalidated by rco.- 'Aon of lliolr customs preventing' tlu-m iVoni taking; un oalij, but tliut the evidence taken in the manner sanc- tioned bv their own customs shall be admissible. Jiirjj. jj;.,,y That the aborigines shall not only be entitled to trial by jury in all civil and criminal cases, but shall be also ciiiilkd lo demand a mixed jury ol' half colonists and half native aborigines. I.?r:.! 11-11 Ai'bilrafion. Thai la all cases of diflerencc between the colonists and the ab(jrigines, or among themselves, the matter in di-,pute. iiiuy, with the consent of tlie parties, be refer- lible to the arbitration of either aborigines or colo- ui.^ts, or of both, as may be agreed upon ; and the sainc shall l>c recognized by courts of law. • i- ! r,:.iy !■ V ; 1 ';m Lc'oal Protcctiofi Board. Tliat the chief agent of the board of protection of itiy'L, uboiigines shall have the power of appearing iw officio in pursun, or Ijy deputy, in all courts, as k:gal protector of ihci)' ri^-hts and interests. Appca/. Tliat in all ca-.es the right of appeal shall lie, as with liie colonists, to the privy council. That in such cases as the commissioners may con- si(!f r roquirc their especial protection, they shall have ihe power of representing the aborigines before the nrivv (.'ouneil. ^■p^ -;; 'wp^ 21 Insiulction and Amkliouatiox. Moral, Ucligiui(6', ami liitcllcclaal. That native schools find nutivc teachers be pnjvidcd, under the superintendence of the instiuclioiud agent. That every facility shall be o-iven for moral and re- ligious instruction, including useful knowledge in the arts and sciences. That ciif^'incerinc^, and mechanics, as well as mct;d- lurgy, mining-, and particularly navigation, shall be tautrht to well selected natives. Niil'ive kl'llDuli. Mcnil, r.''l- ^'ii.iis, mil lui'liil ill- lilrui'tiuii. Miii;iii''i'r'iiif III! I iiiichn- nlci. as Muiiii:)! I.i- Ijuur ii'huoli. Au'riciilliirM iiiitl liaiidi- (.Tul't. Phij.sicaL That manual labour schools be provided, upon the self-supporting principle. That such schools shall embrace instruction in agriculture and farming, the breeding and care of animals, the culture of the staple produce of the country, the various useful mechanical arts and handicraft occuj)ations, including the maiuilac- ture of simple implements of husbandry, clothing, the coustruction of farms, and other useful buildings. That in those parts of our colonies where it is practi- cable, and when civilization is sufllciently advanced, selected aborigines shall be instructed in ship-building and naval architecture, ineludmg ironfounding and marine engineering. Home Education and Native Teachers. That with a view to attach the aborif^ines to the vouth.n. i^ t^ JCIll to 1.11,. manners, customs, and institutions of Great Britain, a oauiauo,,. certain number of youths be selected from the abori- gines of each colony and sent to England, to be edu- cated under the direction of the aborigines connni^- Slli|;)llii:(l- ill^, ll'I'll- fijiiiHliii,; Xr. i "m J ^r-^sr. 23 \M 1 1 I a$.' hT' sloiiers in such of the iisct'ul arts und sciences, and in such knowlctlgc as may best conduce, on tlu'ir mturn to their native country, to tlic inn)iovcnicnt and civili- zation of their brethren, PracrvdtioN of Health and Medical Aid. Tliat under the superintendence of tlic niedical agent, medical inspectors be appointed, or missionaries liaving medical knowlcdg'o, to reside amouL*- the ab- orijiincs, for the purpose of modifyinjx or eradicatiii^j;- native diseases, or preventing", if possible, conta«4ioi\ tVoin Europeans. 'I'hai the medical ag-ents from time to time report to the board, or princij)al agent, the state of their several districts, — the prevalence of particular diseases, or the prevailing endemics, the mortality, and other vital sta- tistical facts. "' That the medical agent sliall al^o direct his ndnd to ' iiujuiries connected with the nature or variation of tlie climate, and the animal, vegetable, and mineral [)!•()- ductions of the country, with a view to their develo[)- ment or improvement, and report thereon specially to the commissioners. 1 < i r II. COUNTIUES VOT UNDER THE SOVEUEIGNTV 01 UUEAT BuiTAIX. In order permanently to benefit and proi;tote the civilization of the aborigines, it is necesstuy to obtain, ].)y peaceful means'^ as soon as possible, moral and political inllucnce over tlrem. ;.ai:„ni That Vv'ith this view i"caties fo" conmicrcial and other purposes shall lie U' ich betw e;n the iiritish government, and those nalioi.. of abciigines who may Ir.il ntiil fllii :it ill- I'll'"' |C<'.!ll). iiii.>-rcial lill.C] ^■-•W. .V A'. -- -iT^ 23 III urn 'ili- Klll ii'ic"S in;iiiit;iin llicir iiulcpciulcucc in the iici^liboiirhooil oi' IJritisli colonies,^ with ihc view ol' protLctin*^ the lui- tives, as well as British triulers, and vi ' ircctino' ami- cable relations 1 .wccn iheni. As a temporary measure, it is su ?' > 25 mcnt shall proceed to appoint a commission coii- sistiiif^' of an agent-general or coniniissioik'i' with two assistant commisjiioners, wlioso duty rihall be to protect the interests of the aborigines of our colonies, to watch all legal or political proceedings aHeeting them, to communicate witli all tlie colonics, to suggest new matter for colonial legislation, to prepare and send out instructions to the branch boards in each colony, to superintend tlie instruction of native youtlis sent for improvement to this country, and to maintain a correspondence on all matters wliich may tend to protect the rights, advance the condition, or pnniiotc the civilization of the aborigines generally. Local Bo mid oi' Pno'iKcrioN. It is submitted, that upon the establishment of every new colony, a Protector of Aborigines shall be at once appointed, who shall receive his instructions from this board; tliat as soon as the population ol' the new colony, and the connexion and communication between the aborigines and the colonists recjuire it, two more commissioners sliall be added, who sliall form a complete colonial Ijoard for the protection and administration of the ailairs of tlie aboriiiines in the colony ; while as the duties increased, there might be vested in tlie colonial board, the power of appointing an assistant or assistants, in any of the three departments. The board would consist of — 1st. The chief agent and protector, who would take cognizance of the civil and political rights of the aborigines ; ^dly. Tlie medical agent, w^liose duty wouhl be to watch the physical health of tlie aborigines, to endeavour to mitigate or modify the ellccts of European I.ncal |iro- inliirs to !,u ;ilHiijiii!(.il. Two :i.vsi^- Ollti,'-! of lo( ul bouiil. I ^wm^LEmM;^MBvs'M:M:-!sm 2itSK;: ^^Ili^Ml aalsj ^■> Jt'imSKiTtir^A I "Vj^'"":rw, -f^r-" ■oi».-.'' ^,?«-*r;! iJ(i (li-i'.'i^C'^j ami oviierall}' lo ohsorvo and report, njion all iimttuvs coniicctod witli iJk; physioloo/ical clia- racter of llio [icoplc, or llio physical character of the .oil, it.5 cJimate, productions, ^c; '^dly. The educational ag'cnt, whose duty it would be, with ih(.' aid oi' mi.-- -ionaries or the clergy, to .superintend aiul jU'eniole the nioi'al und religiou.s truininjj,- of the elJldi'..n, ihe esiablislinient of normal sidiools I'or i'.U'i'icultural and nieehaiiical Instruction, and to ])ro' ]iu>te the a])prcnticing' the children of the natives to eoioni.-rt,^ nniler proper restrictions, to Ije laid down by (he i)oai'd. It shall be an object to introduce well .Mdected and insiruetetl native.'i into olHce in the local board, in ortier ihat the distinction and separation ijt.'lwefii al>eri'jiues and colonists iVAiy be ultimately uut;;.; a\wiV Aviiii, 'J"1k' proposed ^y.-1em would endirace the protection aiul amelioration of abori!j,'ine,-, ]. l*llOTi:CT!O.N'. \rould ])e either 1. P.d!:ie;d, or, 2. Civil. 1. Poiitieal : com[)rehendin(;' — j. ImiTuatioiial ri;^hts. The riL;ht of inde- ])^;ndence of evcu'y so\'ereif>'n pe'Ople. 'J. j\\i admission lo the i'iii,hts of ihe la\vs of nal ions. .'). )h'(.'o,'elion 1)y treaties. ■J. Civil ]'i;4'hl> : !. jUi'/his of personal liberty, and protection to life and [)ro])erty. ili;r!it of properly, terj'itoi'ial I'lghls. Specuil l:i\v.^: for proteelion of abori'.dues. o /' f . ,. 5»..«,^»... ffif ' ^^^.^»f ^. ^>X^) '■■^''^^'-'"■i''^-W^i ^ :^ ^"-■tA ^ 27 II. Instiu'ction .wd A.mi^j.ioration'. 1. Moml: 1. Mural, rclI<;'ious, and iisefiil instruction hy missionaries, scbools, teachers, and interpreters. 2. Physical : 1. Schools for agricultural instruction. 2. Schools for mechanical instruction. 3. Medical missionaries or agents, for ihc pui'- [)ose of modifying or eradicating disease. In addition to which, by collecting' statistical data in I'eference to the moral, physical, and political con- dition of each race of a])orIgines, such f;ic(s might be ' established as io render the system of the greati''?v,t»TW -.^^teminri . x\ YPPENDfX i;\-ii)i:nck ov nkckssitv ok lkc^'slatjon*. Thk obligation and duty of the British Govcruniont to alVord protection to the Aborigines, as well as the justice of providing- a reserve from lands purchased of them as a coini)en- '^atioii and means of existence, have been fretpiently brought before parliament, and discussed, but unfortunately with no practical result. In the words of the parliamentary report on ilie condition of the Aborigines, 1837 — " Wlu'n acts of purlinuicnt liixve liilil down gouoral principle.^ of t'quity, t)tlicv c'onilicting acts have hi'i'u framed disposing of lands without any refLTcncL' to llie possesMors and actual occupants, atul \\illiout iiiakiiiL:' ;iiiy reserve of tlie jirocecds of the j)roperty of the lUitivi's for thi'ir i)eii('lit. . . . It is not too much to say, that tl)e iulcrcoui'se of ]Mn'o])eaiis in general, M'ithuut any exception in fa\'o;U' of 'he subjoct.s of Great Britain, has been, uidess wheix attended b} li.-.siouary exertions, a source of many calamities to un- civili/i'd nations, '' Too often their territory has been usurped, their property !r(.'i/e(l, their numbers diminished, their character debased, the spread if civilizatiou impeded. European vices and diseases have been intiotlucetl amongst them; and they have been familiarized Mith the use of wur most potent instruments for the subtle or the violent destruction of human life, viz., brandy aiul gunj)owder. ''It might be presumed that the native inhabitants of any land have an incontrovertible right to their own soil : ii plain and sacred riglit, however, which seems not to have been understood. Eu- ropeans have entered their borders uninvited, and when there have not o:ily acted as if they were undoubted lords of the soil, but Inive punished the uati\es as aggressors if they have evinced any disposi- tion to live in their own country. If they have been found uj)on tlieir own ])inperty, they have been treated as thieves and robbers. ( .• I mMmM^0^^i^^ V t , 29 They an) drivcii Ijaclc into the interior, tis if llioy were cl(i1. Ninv Muli^iiiil. rrolociort, ;|l I !l' 11 (IS. Mi ■n i N! r I' mi ^^'^'■^^^^'^A»^^^'^^^hiL^^M^-'^A I ;k» I f a\- iiitri'O^ts, r, r>aUin(;- niiy provision for tlicm); yot the C«iin- !iii>«i<)iuM'.s Iifivo li;ul the oamloiir lo achnowli'dii^c lias " amolan- c'lioly faclj wliicli admits of no (lispuic, and wliidi cannot be too (lcc}iy doplovfd, lliat the native tribos of Anstralia have bltherto been exposed to bijiisticc and cruelly in tholi- uitorcovii'SC v/ith Mu'i\)poans." The hlstury of tlic Aborig'iucs of Van Dieiaens J.and, liUo tiie ix'y^t, is a ]ii>tory of bloodshed, cruelty, and ojtprcsslon, aniil the hist remains of the race becominn' infuriated by tlic ■. >pable of adopting civilixed habits and customs more v;ipi;Uy than ])L'rlK!j)s any other Aborigin;d race; — living in a (.Tniiato and upon a soil unsurpassed for salubrity and fertility, Ji w>.'uM soeiM as if ihe clioleest spot oi" natiu'c liad been selected ;. : ihc -icue (^f ihe t'l'eatcst crinus and cruelties Immanity (.'an ho guilty itf — the runaway eon\'ict, the whalers' crews, the ;.;rn ivlijp-Iccejiei-, tho lalventurers upon these i.^iands liave I.Touu-liL alioul evils that mithing but time and its attendant .'i-cipilno can ciu'c. From a population snpposcd to extend to iK;'.rl\' a ir.Illion of inhabitants in New Zealand, the tribes have ■'t'cn fa^^r decreasing, and 200,000 is supi>osed to be the rem- 1. :nt «'( the jiopidation left by Furopcan raj)ine, cupidity, and (li-ea^e, Tiie facts given in evidence in relation to New Ifol- \\:\\A ;!iid Xl-w Zealand, are alone sullicient to aflix an indelible ^I'ln i:p()n the ciuuracter of any nation. Lord Goderich, in bis (!>-^p;iL(!t to Major-Gcneral Dourbo, Jaiuiary Til, 1835, thus loeliugly and indignantly apjn'oaches the subject. *•■ li is iiv.pii- ,i!jli.' to read without shaiae and indignatiun, the (iri ,',;•, w'lic!: Uicso (Inc'Uiiieut.s dlscluLii'. The iuif()rtuu;U.u i'/itives M • a \v Zi-.ihia.i, ul.Ie^s .jonie decisive mciisures of ])rotectiua be .iil<''!lt:d, will i fear, be slioitlv added to the lunnher of those bar- ''■■'f ","';.ffT':H^-'.JTr?'' f^* "(^■''*'^^i'??3 •ilh haroiis trihos who, in (lllVin'ciil, parts of tlio {ilobo, ]i;u-i> i'alli'U a saorilico to tlii'ir iutorcuiirsc willi civlli/.od incMi, ului ]>c:\i' and dis- tTi-ace tho iiaino of Clirislians. ^\'l^c^ for merceiiai-y piirpoyos tlu> uativos of Europe iiiinistor to the passions hy wliich tliose savaj^os are inlUunod against ca.eh other, and intn.dueo them to the Icnow- led^ie of depraved acts and licentious gratifications of the most d(«l)ased inliahitants of our great cities, the inevitable cmsetpience is a rapid decline of the pi>])ulation, preceded hy every variety of stilfering. Considering what is tho character of a large jiart of the population of New South Wale.; and Van Diinnens Land, what opportunities of settling themselves in New Zcahnul are adbrded rlieni hy the extensive intercourse which has recently been e>ta- blished, adverting i\.Uo to the conduct which has been pin-.sued in those islands by the masters and crews of liritish vessels, and finding from the letter of the licv. iMr. Williams, that the; worli of depopu- lation IS already pvoeeeding fast, I cannot conU'nip!at(> the too probable results M'ithont the deepest anxii'ty. There can \%: no more sacred duty than that of using every possible method to rescue ilie natives of those extensive islands IVom the further evils which ini])end over thcin, and to deliver our own country from tlie dis- U'race and crime of having cither occasioned or tolerated bucli cnor- mities." "With refcn'oiico to South Afrien, the j)OpulatIon of tho Hot- SoiuhAoic; tentot nation, forniorly su]ij)ose(l (o Inivo exceeded .VOO.OOO, is now reduced to 3::i,()()(). Tlio C(doiiy, wiiieh in the l)i\oinnIno- of. tho last century wa'i confined to within a ^cw miles of Ca^/O Town, now comprises a larg'or ciistriet than ()f3(^iKi^?Sfci:ii i^ifett^ki^ (ijfmm % >■: