will suffice to shew the
insurmountable difficulty, I may add the impossibility, of bringing the
guilty parties to justice, for in nine cases, I may say, out of ten,
where natives are concerned, the only evidence that can be adduced is
that of the Aborigines.
"This evidence is not admissible. Indeed the want of a code, suited to
the Aborigines, is now so strongly felt, and of such vital importance to
the welfare and existence of the natives, that I earnestly trust that
this important subject may be brought under the early consideration and
notice of Her Majesty's Government.
"The following is the extract from Mr. Parker's journal referred to: 'On
the 8th of March 1841, I proceeded to the Pyrenees to investigate the
circumstances connected with the slaughter of several Aborigines, by a
Mr. Frances. On the 9th and 10th I fell in with different parties of
natives. From the last of these I obtained some distressing statements,
as to the slaughter of the blacks; they gave me the names of seven
individuals shot by Mr. Frances within the last six months. I found,
however, no legal evidence attainable. The only persons present in the
last and most serious affair with the Aborigines, which took place in
December of last year, were Frances, a person named Downes, and a
stock-keeper in Melbourne. No other admissible evidence of the death of
these poor people can be obtained than what Frances's written statement
conveys. In that he reports that he and the person before named WENT OUT
IN CONSEQUENCE OF SEEING THE BUSH ON FIRE, AND FELL IN SUDDENLY WITH SOME
NATIVES, ON WHOM THEY FIRED AND KILLED FOUR. The natives say six were
slain, and their information on that point is more to be depended on.
Owing to the legal disabilities of the Aborigines, this case must be
added with many others which have passed without judicial notice. 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
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