(*Footnote. Extracted from the Reports of the Aboriginal Protection Society.)

Liverpool, 15th November 1840.

My Dear Friend,

In reply to the question which you proposed to me some time ago in the course of conversation in London, and of which you have reminded me in the letter I had the pleasure of receiving from you yesterday, with the pamphlets and letters for America, namely, Whether the Aborigines of the Australian continent have any idea of property in land, I beg to answer most decidedly in the affirmative. It is well known that these Aborigines in no instance cultivate the soil, but subsist entirely by hunting and fishing, and on the wild roots they find in certain localities (especially the common fern) with occasionally a little wild honey; indigenous fruits being exceedingly rare. The whole race is divided into tribes, more or less numerous, according to circ.u.mstances, and designated from the localities they inhabit; for although universally a wandering race, with respect to places of habitation, their wanderings are circ.u.mscribed by certain well-defined limits, beyond which they seldom pa.s.s, except for purposes of war or festivity. In short, every tribe has its own district, the boundaries of which are well known to the natives generally; and within that district all the wild animals are considered as much the property of the tribe inhabiting, or rather ranging on, its whole extent, as the flocks of sheep and herds of cattle that have been introduced into the country by adventurous Europeans are held by European law and usage the property of their respective owners. In fact, as the country is occupied chiefly for pastoral purposes, the difference between the Aboriginal and the European ideas of property in the soil is more imaginary than real, the native gra.s.s affording subsistence to the kangaroos of the natives as well as to the wild cattle of the Europeans, and the only difference indeed being that the former are not branded with a particular mark like the latter, and are somewhat wilder and more difficult to catch.

EFFECTS OF EUROPEAN APPROPRIATION.

Nay, as the European regards the intrusion of any other white man upon the cattle-run, of which European law and usage have made him the possessor, and gets it punished as a trespa.s.s, the Aborigines of the particular tribe inhabiting a particular district regard the intrusion of any other tribe of Aborigines upon that district, for the purposes of kangaroo hunting, etc., as an intrusion to be resisted and punished by force of arms. In short this is the frequent cause of Aboriginal, as it is of European wars; man, in his natural state, being very much alike in all conditions--jealous of his rights and exceedingly pugnacious. It is true the European intruders pay no respect to these Aboriginal divisions of the territory, the black native being often hunted off his own ground or destroyed by European violence, dissipation, or disease, just as his kangaroos are driven off that ground by the European's black cattle; but this surely does not alter the case as to the right of the Aborigines.

UNIVERSALITY OF THIS CUSTOM.

But particular districts are not merely the property of particular tribes; particular sections or portions of these districts are universally recognised by the natives as the property of individual members of these tribes; and when the owner of such a section or portion of territory (as I ascertained was the case at King George's Island) has determined on burning off the gra.s.s on his land, which is done for the double purpose of enabling the natives to take the older animals more easily, and to provide a new crop of sweeter gra.s.s for the rising generation of the forest, not only all the other individuals of his own tribe, but whole tribes from other districts, are invited to the hunting party and the feast and dance, or corroboree that ensue; the wild animals on the ground being all considered the property of the owner of the land.

I have often heard natives myself tell me, in answer to my own questions on the subject, who were the Aboriginal owners of particular tracts of land now held by Europeans; and indeed this idea of property in the soil, FOR HUNTING PURPOSES, is universal among the Aborigines. They seldom complain of the intrusion of Europeans; on the contrary, they are pleased at their sitting down, as they call it, on their land: they do not perceive that their own circ.u.mstances are thereby sadly altered for the worse in most cases; that their means of subsistence are gradually more and more limited, and their numbers rapidly diminished: in short, in the simplicity of their hearts, they take the frozen adder in their bosom, and it stings them to death. They look for a benefit or blessing from European intercourse, and it becomes their ruin.

If I had had a little more leisure I would have written more at length and in a style more worthy of your perusal; but you may take it as certain, at all events, that the Aborigines of Australia HAVE an idea of property in the soil in their native and original state, and that that idea is, in reality, not very different from that of the European proprietors of sheep and cattle, by whom they have, in so many instances been dispossessed, without the slightest consideration of their rights or feelings.

Indeed the infinity of the native names of places, all of which are descriptive and appropriate, is of itself a prima facie evidence of their having strong ideas of property in the soil; for it is only where such ideas are entertained and acted on that we find, as is certainly the case in Australia, Nullum sine nomine saxum.

I am, my dear Friend,

Your's very sincerely,

JOHN DUNMORE LANG.

To Dr. Hodgkin.

LAWS OF INHERITANCE AND TRESPa.s.s. LINE OF INHERITANCE.

A father divides his land during his lifetime, fairly apportioning it amongst his several sons, and at as early an age as fourteen or fifteen they can point out the portion which they are eventually to inherit.

If the males of a family become extinct the male children of the daughters inherit their grandfather's land.

CERTAIN LAWS REGARDING ARTICLES OF FOOD.

The punishment of trespa.s.s for the purpose of hunting, is invariably death, if taken in the fact, and at the very least an obstinate contest ensues. If the trespa.s.ser is not taken in the fact, but is recognised from his footmarks, or from any other circ.u.mstance, and is ever caught in a defenceless state, he is probably killed; but if he appears attended by his friends he is speared through the thigh, in a manner which will be mentioned under the head of punishments.

There are other laws intended for the preservation of food, such as that which enjoins that:

1. No vegetable production used by the natives as food should be plucked or gathered when bearing seed.

2. That certain cla.s.ses of natives should not eat particular articles of food; this restriction being tantamount to game laws, which preserve certain choice and scarce articles of food from being so generally destroyed as those which are more abundant.

3. The law regarding the family kobongs, mentioned above.

Independent of these laws there are certain articles of food which they reject in one portion of the continent and which are eaten in another; and that this rejection does not arise from the noxious qualities of the article is plain, for it is sometimes not only of an innocent nature but both palatable and nutritious: I may take for example the unio, which the natives of South-west Australia will not eat because, according to a tradition, a long time ago some natives ate them and died through the agency of certain sorcerers who looked upon that sh.e.l.lfish as their peculiar property.

CHAPTER 12. CRIMES AND PUNISHMENTS.

Laws relative to Deaths and Punishments.

SUPERSt.i.tIOUS REVENGE OF NATURAL DEATH.

The natives do not allow that there is such a thing as a death from natural causes; they believe that were it not for murderers or the malignity of sorcerers they might live for ever: hence:

When a native dies from the effect of an accident or from some natural cause they use a variety of superst.i.tious ceremonies to ascertain in what direction the sorcerer lives, whose evil practices have brought about the death of their relative; this point being satisfactorily settled by friendly sorcerers, they then attach the crime to some individual, and the funeral obsequies are scarcely concluded ere they start to avenge their supposed wrongs.

MURDER.

If a native is slain by another wilfully they kill the murderer or any of his friends they can lay hands on.

If a native kills another accidentally he is punished according to the circ.u.mstances of the case; for instance, if, in inflicting spear wounds as a punishment for some offence, one of the agents should spear the culprit through the thigh, and accidentally so injure the femoral artery that he dies, the man who did so would have to submit to be speared through both thighs himself.

CONSEQUENCES OF A CRIME COMMITTED.

The first great principle with regard to punishments is that all the relatives of a culprit, in the event of his not being found, are implicated in his guilt; if therefore the princ.i.p.al cannot be caught his brother or father will answer nearly as well, and failing these, any other male or female relatives who may fall into the hands of the avenging party.

When therefore it is known among the natives that any crime which calls for a very heavy measure of punishment has been committed great and widespread consternation prevails; and when it is further ascertained that the culprit has escaped everyone in the remotest degree connected with him becomes filled with anxiety, for it is impossible to tell in what direction the blow will fall. The brothers of the criminal conceive themselves to be quite as guilty as he is, and only those who are jee-dyte, or unconnected with the family of the guilty person, believe themselves in safety. Little children of seven or eight years old, if, whilst playing, they hear that some murder has taken place, can in a moment tell whether or not they are jee-dyte, and, even at this tender age take their measures accordingly.

DUTY OF REVENGE.

The moment any great crime has been committed those who have witnessed it raise loud cries, which are taken up by more distant natives and are echoed widely through the woods. The nature of these cries indicates who has been the guilty party, who the sufferer, and those who are jee-dyte; whilst those who are involved in the guilt direct one another by their calls to what point to repair and muster their several forces: the culprit and generally his brothers and near relatives seek safety in a precipitate flight.

If a native has been slain his near male relations give way to the most violent paroxysms of rage, and are forcibly held by their friends to prevent them doing some injury to the bystanders; they then go and confront the body of those who are the relatives of the murderer, and a stormy altercation takes place; this generally however is terminated in an amicable way, by the parties uniting to go in search of the culprit.

It is obviously the interest of every one that he should be caught and punished; for until this takes place the whole of his connexions are in danger.

The holiest duty a native is called on to perform is that of avenging the death of his nearest relation, for it is his peculiar duty to do so: until he has fulfilled this task he is constantly taunted by the old women; his wives, if he be married, would soon quit him; if he is unmarried not a single young woman would speak to him; his mother would constantly cry and lament she should ever have given birth to so degenerate a son; his father would treat him with contempt, and reproaches would constantly be sounded in his ear.

PURSUIT OF A CRIMINAL.

Directly therefore the funeral ceremonies have been performed the avenging parties start in pursuit of the murderer, and follow his footsteps with rapidity and energy fitting so important an occasion; unweariedly and relentlessly they press like bloodhounds upon the track, and perform journeys of a great length with a speed which would scarcely be credited; forgetting in this instance their usual caution, they trespa.s.s on other natives' ground, and all other pa.s.sions and feelings appear to be absorbed in a burning thirst for vengeance. They sleep at night upon the track which they had been prevented by the darkness from following further, and with the first pale light of morning pursue it from the same point.

IMPLICATION OF A MURDERER'S FAMILY IN HIS CRIME.

When such energy is displayed success must of course often follow, and the overtaken criminal then falls, pierced by many spears; but should he elude his pursuers they wreak their vengeance on any native they meet.

The murderer has naturally fled to the land of his friends to claim their hospitality; sometimes this is afforded him, and sometimes he is treacherously given up to his foes; but should the criminal escape, the pursuing party rarely return from an excursion of this nature without shedding blood: their not finding the guilty individual only inflames still more their anger, which they wreak on children or any unfortunate individual who may fall into their hands.

BREACHES OF THE LAWS OF MARRIAGE. STEALING A WIFE.

Stealing a wife is generally punished with death. If the woman is not returned within a certain period either her seducer or one of his relatives is certain eventually to be slain.

BREACH OF MARRIAGE LAWS.

The crime of adultery is punished severely, often with death. Anything approaching the crime of incest, in which they include marriages out of the right line, they hold in the greatest abhorrence, closely a.s.similating in this last point with the North American Indians, of whom it is said in the Archaeologia Americana: