Page:The Present State and Prospects of the Port Phillip District of New South Wales.djvu/199

This page has been proofread, but needs to be validated.
OF PORT PHILLIP.
187

whites—and for the same causes; besides this, the injustice of doing so, without first giving them some instruction in those laws, which they are called on to obey, is so obvious that no jury would ever be found, to carry it into effect. This difficulty might be met by framing a simple code, embodying the salient points of the British criminal law, expressing, clearly and briefly, what crimes they should be held responsible for, both as regards the settlers and each other, and means might be found of promulgating it amongst them.

Three courses are open for the British government to pursue. The first is, to carry out, if possible, the principle at present laid down—that the natives are British subjects, entitled to the perfect protection of the British law, and bound by all its obligations, and to endeavour to force them, by putting in operation a system of vagrant laws, or some such means, to remain in fixed habitations, where, under the superintendence of officers similar in authority to the present protectors, but with greater powers, they might be subject to the vigorous control of an active police, until they shall have attained habits of order and industry, some instruction in the laws of England, as they affect themselves, and in the ordinary arts of civilization. The objections to this system are its injustice, its expense, and the difficulty, if not impossibility, of carrying it into effect. Its injustice in forcing free British subjects to adopt a mode of life distasteful to them, and unsuited to their habits. The other objections, the expense and difficulty of carrying it into execution, are so