females and children from outrage and destruction, were or were not crimes in the estimation of the almighty Creator of all men."
The criticism of the anti-Government paper, the Hobart Town Colonial Times, of that date, brings out the leading principles of law as applicable to the Aborigines:—
"By reference to our report of the proceedings of the Supreme Court, it will be seen that the two Aborigines, named Jack and Dick, have been tried and found guilty of murder. We are aware of the legal dogma that all persons on English land become subjected to English laws. Good! But as far as these poor wretches are concerned, it is not quite clear that as relates to them it is English ground. It is true that formal possession has been taken of this country by the hoisting of the English flag, and by other mummeries of the same description. But what do these poor creatures know of this?" After the citation of cases, the editor proceeds: "We hope there are those here who will use their influence to prevent these poor creatures becoming victims to a breach of law which they understood not, and their responsibility to which is questionable by the very highest authority. As examples, their execution will be worse than useless."
The civil position of the Aborigine is thus pointed out by Judge Willis: "As a British subject, he is presumed to know the laws, for the infraction of which he is held accountable, and yet he is shut out from the advantage of its protection when brought to the test of responsibility. As a British subject, he is entitled to be tried by his peers. Who are the peers of the black man?" Governor Hutt, of Western Australia, in a despatch to Lord Glenelg, said: "Here is one class of Her Majesty's subjects, who are debarred a true and fair trial by jury, whose evidence is inadmissible in a court of justice, and who consequently may be the victims of any of the most outrageous cruelty and violence, and yet be unable, from the forms and requirements of the law, to obtain redress, and whose quarrels, ending sometimes in bloodshed and death, it is unjust, as well as inexpedient, to interfere with." Lord Stanley sympathised in the wish to do something for the Natives' relief, writing, in a despatch to Governor Gipps, "agreeing, as I do, in the general opinion that their evidence should, to a certain extent at least, be received in the courts of law."
