e. 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: