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Sir George Gipps

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Commentary on the documents

Chapter 2 covers the period February 1838 until July 1846. It examines the behaviour of, and attitudes of Sir George Gipps and his administration towards the Aborigines; and the three Acts, the Imperial Ordinance, and the Standing Orders to the Border Police; all referring to Aborigines, which were generated during this period.

The first document, in 1838, the Colonial Secretary refers to Copies of Minutes and Memoranda Received, [AONSW ref: 4/1013]. Just a tantalising glimpse of the records waiting out there to be brought to light.  

Also in 1838, in  "Major Mitchell's attacks on the Black Natives" [HRA 18^th April, 1838] Sir George Gipps wrote to Lord Glenelg, (Despatch No. 63, per H.M. Ship Buffalo.) that with reference to the attack made on the Black Natives by the exploring party under Major Mitchell on the 27^th May, 1836, and Lord Glenelg's desire that the case be should be laid before the Law Officers of the Colony, who should report whether they find any cause to doubt the lawfulness of Major Mitchell's proceedings, or regard a further enquiry necessary for vindicating the authority of the Law: Geo. Gipps had the honour to inform his Lordship that the same has been done, and that he has enclosed a Copy of the Report which has in consequence been made by the Attorney General.

The documents, 1838 - 1846.

1837

Major Nunn, and a massacre by the Mounted Police under his command

" ...there were rumours to the effect that the mounted police did not always deal thus with the blacks. One of the better documented episodes of this latter kind occurred in early 1838. On 19 December 1837 Major Nunn, Commandant of the Mounted Police, was summoned to Government House where he spoke to Mr Thomson, the Colonial Secretary, and Colonel Snodgrass. They had received a report from the Commissioner of Crown Lands for the Liverpool district in the far north-west and from this it appeared that blacks to the number of 1000 had gathered for the purpose, it seemed, of challenging the invasion of their territory. Already there had been outrages on the Namoi, Gwydir and Big rivers, including the murder of five workmen. It was said that some white men were with the blacks, and, according to one account, 250 fires had been counted in one camp alone. Major Nunn was ordered to the north-west with all the police that could be spared.

After some preliminary sweeps through the troubled country in which the stockmen in many cases were afraid to leave their huts, Major Nunn and Lieutenant Cobban of the 50th Regiment, commander of the First Division of the mounted police, with a number of non-commissioned officers and about twenty troopers and some stockmen, were riding in fairly thick scrub in January 1838 when a black suddenly started up in front of Corporal Patrick Hannan and speared him in the leg. The same black was about to have a second go but was shot down by Senior-Sergeant John Lee. Hannan broke off part of the spear and rode to the rear whereupon the troopers took up the cry, 'Damn them. They have speared Hannan', and rode into the blacks, who by now faced them in considerable numbers. Because of the scrubby nature of the country the police soon scattered, and the commandant found it impossible for a time to maintain discipline. After the action a station superintendent, Lamb, was able to identify stolen property abandoned by the blacks, while Sergeant Dean collected over 300 spears. It is difficult to determine how many blacks were killed but Sergeant Lee believed it to have been between thirty and forty. Critics of the police said many more had fallen. Indeed, it was alleged that Major Nunn had boasted of 'popping off with holster pistol at the blacks whenever they appeared from behind a tree'. For good measure it was also alleged that in a side action Sergeant Temple had disposed of eighty. In after years it was said that a place called Gravesend, a mountain near Cobb's Station, where white men had been murdered at this time, used to be pointed out as a place where about 200 blacks had been killed.

One reason why the truth of this action was never discovered was that the officers neglected to take proper records of evidence at the time. Moreover the attention of the authorities was distracted by the Aboriginal massacre of a party of overlanders in what is now Victoria. This necessitated the dispatch of some of the police to the south while a massacre of blacks by stockmen near the scene of Nunn's action also diverted attention from the Nunn affair. In the end the Executive Council decided that the police had been justified in the use of force, though it deplored the number of Aborigines who fell. There was some irony in the fact that the police helped in arresting the stockmen later hanged for the Myall massacre ..."

[Source: O'Sullivan, John; Mounted Police in N.S.W. A history of heroism and duty since 1821. Rigby (1979) pp. 24-27)]

1838  

Colonial Secretary: Copies of Minutes and Memoranda Received, 1838

 (AONSW ref: 4/1013). This bundle also contains policy drafts, Minutes, and correspondence relating to land rights sovereignty, and conflict between British settlers and Aboriginal people. Copies of the Bill are also in the New South Wales Parliamentary Archives.

"Major Mitchell's attacks on the Black Natives"

18^th April, 1838  

Government House Sir George Gipps to Lord Glenelg, (Despatch No. 63, per H.M. Ship Buffalo.) 

"With reference to that part of Your Lordship's Despatch of the 26^th July, 1837 .. which directs that the proceedings of the Executive Council of New South Wales, relative to the attack made on the Black Natives by the exploring party under Major Mitchell on the 27^th May, 1836, should be laid before the Law Officers of the Colony, who should report whether they find any cause to doubt the lawfulness of Major Mitchell's proceedings, or regard a further enquiry necessary for vindicating the authority of the Law, I have the honour to inform your Lordship that the same has been done, and to enclose a Copy of the Report which has in consequence been made by the Attorney General.

I have, &c., Geo. Gipps. [Enclosure] [A copy of this Report will be found in a volume in series V.] "  (HRA)

On the subject of the treatment of the Aboriginal inhabitants of this Country  

25 April 1838  

(HRA) Sir George Gipps to Lord Glenelg ".. on the subject of the treatment of the Aboriginal inhabitants of this Country, and the measures which are to be adopted when any of them come to a violent death by the hands of the Queen's officers or by people acting under their orders, I regret very much that I have to state to your Lordship that a case has already occurred, in which I found it necessary to act on your Lordship's instructions ... Your Lordship will perceive by the accompanying report, made to me by Major Nunn of the Mounted Police, that, previously to my arrival in the Colony, a rencontre had taken place between a part of the Police under his orders and a Tribe of the Natives, in which there is but too much reason to suppose that a number of the latter lost their lives. On the receipt of Major Nunn's Report, I deemed it my duty to lay it before the Executive Council ... and also a copy of the Report of the Committee of the House of Commons, which was appointed ... to enquire into the condition of the Aborigines in the British Possessions; [find the Copy of the Minutes referred to]

I had previously consulted the Attorney General on the same subject, and as the advice (note 81) of the Council was entirely in occurrence with the opinion expressed by him, I have since given orders for an investigation into all the circumstances of the case to take place before the Police Magistrate and Bench of Justices ... at Invermein in the County of Brisbane, that Bench being the nearest to the scene of action ...

As your Lordship expressed an opinion ... that an investigation in cases of this nature might be held ... I could not have made a selection of any particular Magistrates, without exposing myself to the charge of partiality and of deviating without sufficient reason from the course of proceedings, adopted in the Colony in cases of a similar nature, where the lives of white men are concerned. As the affair took place far beyond the boundaries of location, and in a Country which has rarely, if ever, been visited by Europeans, it is impossible to ascertain with any great deal of correctness the exact scene of it, or of the particular Tribe which Major Nunn fell in with ... the Surveyor General is inclined to suppose that that the affair happened .. 300 miles to the North and 70 to the West of Sydney.

I have, &c.,

Geo. Gipps. HRA

Notice re inquests on aborigines  

27^th April, 1838. 

Sir George Gipps to Lord Glenelg "In my Despatch ... I detailed to your Lordship the measures which I thought it right to adopt in consequence of a recent collision between a party of Mounted Police and a Tribe of Native Blacks, and I have now the honor to acquaint you that I have further deemed it necessary, with the advice of my Executive Council, to issue a Government Notice declaring that, in all cases where any of the Aboriginal Inhabitants of this Territory shall lose their lives in consequence of a quarrel or collision with white men, an Inquest or Inquiry shall be held, precisely similar to that which is held in located parts of the Territory when a white man comes to a violent or sudden death, and also declaring that the Commissioners of Crown Lands, beyond the Boundaries of Location, shall act as Protectors of Aborigines. ... Your Lordship is, I am sure, well aware of the extreme difficulty of devising any measure that shall effectually check the outrages, which, I regret to say, are now of frequent occurrence beyond the boundaries of location ... I have also deemed it necessary to republish a Notice, which appeared in the Government Gazette on the 16^th Septt. (sic) 1837, on the subject of the forcible retention by white men of women belonging to the Aboriginal Tribes, which there is reason to fear is often the immediate cause of these outrages.

May 2^nd, 1838 P.S..- Since the above Despatch was written, I lament to say that that information has been received .. which, being calculated to exasperate the public mind against the Blacks, renders it in my opinion desirable to defer the publication of these Notices for a few weeks. To the North, and in the neighbourhood of Major Nunn's late operations, a man in charge of a Cattle Station .. has been found barbarously murdered, and also two other men ... From the South, we have accounts of a large Convoy of Sheep and Cattle ... having been attacked ... and eight men killed out of eighteen ... the particulars of this last occurrence I have not yet received; but I have directed a Civil Stipendiary Magistrate and a party of the Mounted Police to proceed .. to the spot, and have given them particular instructions for their guidance. The Blacks, who are supposed to have murdered the two men ... will be tried before the Supreme Court." 

An apprehension .. of the mischief that might ensue, if any offence were given to the Officers and Men of the Mounted Police  

27^th April, 1838  

Sir George Gipps to Lord Glenelg (HRA) (page 399) "...the measures which I have thought it right to adopt, in consequence of the late unfortunate Collision between a party of Mounted Police and a party of the native Blacks ... I have reported to your Lordship that a Government Notice is on the point of being issued, declaring the Commissioners of Crown Lands beyond the boundaries of location to be charged with the duty of protecting the Native Blacks. Your Lordship must be, I am sure, aware that these matters are calculated to produce a considerable sensation in the Colony, and that therefore much management is required in the treatment of them. In the Executive Council, an apprehension arose of the mischief that might ensue, if any offence were given to the Officers and Men of the Mounted Police .... Major Nunn has stated to me that he thinks the party of Natives, he fell in with, must have consisted of not far short of 1,000 persons, including women and children; that they consisted of tribes but little accustomed to intercourse with white men; and that they are particularly dexterous with their spears as well as a peculiar instrument called a Boomering which they hurl with great effect. Your Lordship will observe that Major Nunn does not state in his report the number of men that were killed; but ... I should not think they were less than ten or twelve, beside a number wounded ...I lament to say that we have since heard of some outrages, which have the appearance of being retaliatory on the part of the Blacks ....."

The Mounted Police are appointed with the sanction of Her Majesty's Government 

Loud Glenelg to Sir George Gipps.

(Despatch No. 104, per ship Portsea.)

Sir, Downing Street, 

21 July, 1838.

I have received Colonel Snodgrass's dispatch No. — of the 23d February last, and I have to convey to you the sanction of Her Majesty's Government to the appointment of a Sergeant and six Rank and file of the Mounted Police of New South Wales for the service of the Settlement at Port Philip and also an addition of one Assistant and a Clerk to the Survey Department in that Province. I have, &c,                 Glenelg.

"A rencontre with a party of the Mounted Police under the command of Major Nunn ..."

Sir George Gipps to Lord Glenelg. (Despatch No. 113, per ship Superb; acknowledged by Lord  Glenelg, 21st December, 1838.) My Lord, Government House,

 21st July, 1838.

In my Despatches of the 25th and 27th April last, Nos. 67 and (58, I informed your Lordship of various outrages, which had taken place in the remote districts of this Colony beyond what are called the boundaries of Location, and of the measures which it was then my intention to adopt. In the Despatch of the 25th April, I stated that an enquiry was about to be instituted at Invermein into the circumstances, under which a number of the Aborigines lost their lives in a rencontre with a party of the Mounted Police under the command of Major Nunn, and, in that of the 27th, I informed your Lordship of my intention to issue a Government Notice on the subject, though in a Postscript to the same I stated that, in consequence of events which had come to my knowledge since the Notice was prepared, I had been induced to suspend the issue of it for a few weeks.

I lament now to have to state to your Lordship that, in consequence of the continuance of similar outrages, the calls for the services of the Mounted Police have been so constant that I have not been able to spare the men, who would have been required as witnesses in the proposed investigation at Invermein, also that, under the advice of the Executive Council, I have refrained from issuing the proposed Notice on account of the degree to which the Public mind continues to be exasperated against the Blacks.

On the 18th ulto., a Memorial was transmitted to me by a number of gentlemen interested in the opening of the Country near Port Phillip, of which I enclose a Copy; but, in so doing, as well as in transmitting to your Lordship a copy of my answer to it, it is necessary that I should explain to your Lordship that some of the gentlemen, who signed this Memorial, had previously waited upon me and requested that I would either myself levy war against the Blacks, or sanction the enrolment of a Militia for that purpose and allow them to be supplied with Arms and Munitions of War from Her Majesty's stores; and that it was (as I presume) in consequence of my declining to do either, that their subsequent Memorial was, contrary to usual practice, addressed to the Governor and the Executive Council instead of the Governor alone.

I have the honor to enclose a short abstract of the principal outrages between Blacks and Whites which have been reported in the last three months. Your Lordship will observe that a large proportion of these acts of violence occurred in the neighbourhood of Port Phillip, or on the road between the settled parts of the Colony and that place; the reason of which is that large herds of Cattle and flocks of sheep have been recently driven through these extensive tracts of Country, with a very insufficient number of people to guard them, often not more than in the proportion of one man to several hundred sheep; That, under these circumstances, predatory attacks should have been made on them by the Natives, does not I must say appear to me in the least degree to lie wondered at.

Your Lordship must be aware that it is quite out of the power of this Government to give to the proprietors or their Flocks the protection they desire; even if we were restrained by no sense of humanity towards the Blacks, the resources of the Government would be quite insufficient to keep Military parties always in advance of persons, who are migrating in search of pasturage, advancing often 50 miles in a single season, and in the ease of Port Phillip having stretched to a distance beyond our former limits of between three and four hundred miles in the last three years.

If Proprietors, for the sake of obtaining better pasturage for their increasing flocks, will venture with them to such a distance from protection, they must be considered to run the same risk as men would do, who were to drive their sheep into a Country infested with wolves, with this difference however that, if they were really wolves, the Government would encourage the shepherds to combine and destroy them, whilst all we can now do is to raise, in the name of Justice and humanity, a voice in favor of our poor savage fellow creatures, too feeble to be heard at such a distance.

Your Lordship will not fail to observe that, of the outrages enumerated in the accompanying list, some took place two or three hundred miles to the North of Sydney, others at more than 500 miles to the South, and some (at Geelong, the Western limit of Port Phillip) at a still greater distance.

In order to keep open the communication between Sydney and Port Phillip, it is my intention, with the concurrence of the officer in command of Her Majesty's Troops, to establish Military Posts on the road; and 1 forward a sketch on which the places of these proposed posts are marked, they being, as your Lordship will perceive, the places where the road crosses the following streams on the way, viz., the Murray, the Ovens, the Violet Creek, and the Goulburn.

It was between the Violet Creek and the Ovens, and at a distance of 400 miles from Sydney, that the attack was made on Mr. Faithfull's Convoy of sheep and Cattle on the 11th April last, in which seven of his men were killed, and all the rest dispersed. These men (who were chiefly convicts) did not defend themselves, but ran at the first appearance of their assailants, though, as there were 15 of them with fire arms in their hands, they ought to have beaten off any numbers however great of naked savages.

As soon as information reached me of this aggression, I sent a Magistrate with a party of the Mounted Police to the spot; but, after a fruitless search of 41 days, they returned without having seen a single native. I thought it right to send a Civil Magistrate with the party, and I have the honor to enclose your Lordship a copy of the Instructions with which I furnished him.

The 3rd outrage enumerated in the List, which I lay before your Lordship, is one, I lament to say, committed not by the Blacks, but on them. As yet I have received no official report of the circumstances of the case, though I have in like manner, as I in the one just mentioned, sent a Civil Magistrate and a Party I of Mounted Police to enquire into it, and collect evidence in order to bring if possible the offenders to justice. There is too much reason to fear that in this case twenty two human beings, including several women and children, have been deliberately put to death by a party of white men, and this occurrence happened not in the neighbourhood of the spot, where the attack on Mr. Faithfull's men was made, but a distance of perhaps 500 miles to the North of it. I have, &c,

Geo. Gipps. [Enclosures.] [Copies of these papers will be found in a volume in series ///.]

Above: Historical Records of Australia document, Sir George Gipps to Lord Glenelg. (Despatch No. 113, per ship Superb; acknowledged by Lord  Glenelg, 21st December, 1838.) 

 21st July, 1838.

Prevalence of a contagious fever on board a Vessel. 

Lord Glenelg to Sir George Gipps. (Despatch No. 165, per ship Portsea.)

Sir,  Downing Street, 23 July, 1838.

"I have received Colonel Snodgrass' dispatch No. 28 of the 22d February last, reporting the arrival of the Ship Minerva with Emigrants sent out by private Individuals on Government Bounties and communicating the circumstance that the prevalence of a contagious fever on board that Vessel had rendered it necessary to place the Vessel and passengers under Quarantine ...."

Votes and Proceedings of the Legislative Council  

Friday, 10 August, 1838

“ ... His Excellency the GOVERNOR took the Chair, and laid upon the Table,

(1) The Report of a Select Committee of the House of Commons, appointed (20 February 1837) ‘to consider what Measures ought to be adopted with regard to the Native Inhabitants of Countries where British Settlements are made, and to the Neighbouring Tribes, in order to secure to them the due observance of Justice, and the protection of their Rights, to promote the spread of Civilization among them, and to lead them to the peaceful and voluntary reception of the ‘Christian Religion.’ Printed by order of the House, 26 June 1837, with the Minutes of Evidence and Appendix.

(2) A Despatch from the Right Honorable Lord Glenelg, No. 72, dated 31 January 1838, referring to former communications on the subject of the better Protection and Civilization of the Native Tribes within the Limits of the Government of this Colony, and intimating that with a view towards the accomplishment of those objects, Mr. G.A. Robinson, who has been for some time past in charge of the Aboriginal establishment at Flinders Island, has been appointed to fill the Office of the Chief Protector of Aborigines; whose principal station is proposed at Port Phillip, with the aid of four Assistant Protectors ...”

Go to 1838 New South Wales Government Select Committee Report on the Aborigines Question further documents

1838

NEW SOUTH WALES.

ABORIGINES QUESTION

REPORT FROM THE COMMITTEE,

ON

THE  ABORIGINES QUESTION

WITH

THE MINUTES OF EVIDENCE.

ORDERED BT THE COUNCIL TO BE PRINTED,

12^th October, 1838,

SYDNEY

PRINTED BY J. SPILSBURY

LOWER GEORGE ST

“The present state of the Aborigines”  

EXTRACT FROM THE VOTES AND PROCEEDINGS OF THE LEGISLATIVE COUNCIL, 

No. 23

Tuesday, 14^th August, 1838

Aborigines Question: Motion made, and Question put, That a Committee be appointed to inquire into the present state of the Aborigines, and to take Evidence, particularly as to the consequence of their intercourse with the Colonists, and the results of the efforts that have been made to introduce Civilization, Education, and Christianity amongst them; and to inquire into the state, progress, and effects of the several Missions now employed amongst the Aboriginal tribes.    Passed. ,    Moved, that the various documents relative to the subject of the intercourse with the Aborigines, laid by the Governor before the Council, on Friday last, be referred to the Committee."                                                                                         .   '                                                         .   '

.  .                 .              COMMITTEE APPOINTED:—

THE RIGHT REV. THE LORD BISHOP OF AUSTRALIA   

THE COLLECTOR OF CUSTOMS.      MR. BLAXLAND

THE AUDITOR GENERAL.                 MR. MACARTHUR.    

ABORIGINES QUESTION.

REPORT  FROM  THE  COMMITTEE

Appointed to inquire into the present state of the Aborigines, and to take Evidence, particularly at to the consequence of their intercourse with the Colonists, and the results of the efforts that have been made to introduce Civilization, Education, and Christianity amongst them; and to inquire into the state, progress, and effects of the several Missions now employed amongst the Aboriginal tribes.                                                                                      . .

YOUR Committee have proceeded, so far as their opportunities have enabled them, to examine evidence for the purpose of ascertaining the existing condition of the Aborigines of this colony; and have the honour to lay before the Council, the information which they have collected.   Within the time which it has been in the power of the Committee to allot to the discharge of the duty entrusted to them, it has not been possible to obtain the testimony, of so many witnesses as it might be desirable to interrogate, upon a subject so interesting to humanity, and so vitally connected with the welfare of the colony.   Neither have they been enabled to direct their own attention so closely to the different points requiring examination, or to be able conscientiously to pronounce an opinion, or to recommend the adoption of any particular course.   Upon one subject only, have they after full consultation arrived at any agreement; and that subject is, the proposition which has been made for the removal to this colony of those natives of Van Diemen's Land, who are now located on Flinders' Island.   It is not desirable, in the opinion of your Committee, that this suggestion should be complied with.   Not to enter into a detail of all the reasons which have impelled them to form this conclusion, your Committee deem it enough to state that the measure in question would entail an Expense upon the inhabitants of the colony … at the imminent risk of exposing them to acts of violence and rapacity on the part of the Aborigines, similar to those by which the colony of Van Diemen’s Land was formerly devastated, and rendered almost untenable by the white population. The natives now assembled on Flinders island, are the relics of the men by whom those ravages were perpetrated; and there is but little doubt, may themselves have been personally engaged in acts of violence, rapine and murder. It is impossible to say that the seeds of the same evil disposition may not be lurking within their minds … &c. &c. W.G. AUSTRALIA. Chairman.”

Go to 1838 New South Wales Government Select Committee Report on the Aborigines Question, further documents

SADLEIR, RICHARD (1794-1889)  

(Witness to the Select Committee)

“ .... In 1825 Sadleir went to New South Wales and ... undertook an official tour to investigate the condition of the Aboriginals and their relationship with the settlers. Sadleir’s study was long and thorough, and his concern for the natives remained active. He gave evidence on the subject before a Legislative Council Committee in 1838, and, late in life, published a short book on the Aborigines of Australia (Sydney, 1883).”

"Protectors of aborigines"

 22nd August, 1838.

PROTECTORS OF ABORIGINES.

Letter from the Colonial Secretary of Van Diemen's Land, to the Colonial Secretary of Sew South Wales, stating that Mr. G. A. Robinson is empowered to make arrangements for the removal to New Holland, of the Aboriginal Natives at Flinders Island, and that Sir John Franklin is prepared to meet in a liberal manner the question of the expense of their future support and to cooperate in every measure for their welfare.

Van Diemen's Land, Colonial Secretary's Office,

Sir,

I have the honor by direction of Sir John Franklin, to acknowledge the receipt of your letter of the l5th ultimo transmitting copy of a Despatch, dated 31st January last, from the Right Honorable the Secretary of State for the Colonies, addressed to His Excellency Sir George Gipps, relative to the adoption of some plan for the better protection and civilization of the native tribes -within the limits of the Government of New South Wales.

I am to inform you that the Lieutenant Governor had been honored, on the 28th June last, by a copy of the Despatch above alluded to, in a communication addressed to him by Lord Glenelg, in which His Lordship intimated his desire that the situation of Chief Protector of Aborigines should be offered to Mr. G. A. Robinson, at present in charge of the Aborigines Establishment at Flinder's Island; this instruction was immediately complied with, hut owing to the severe gales in the Straits, Mr. Robinson's decision in this matter, could not be ascertained until the 18th instant, when he arrived at Hobart Town,—and I have now to notify his acceptance of the office tendered him by the Secretary of State, and that he proceeds to Sydney in the vessel which conveys this.

As to supplying Liquors to Aboriginal Natives  

[26^th Sept 1838.] 

"Acts and Ordinances of the Governor and Council of New South Wales and Acts of Parliament enacted for, and applied to, the Colony. Aboriginal Natives. s 2 Victoria, No. 18, sec. 49. An Act for Consolidating and amending the Laws relating to the Licensing of Public-houses, and for further regulating the Sale and Consumption of Fermented and Spirituous Liquors in New South (see Gazette 23 Dec 1849). XLIX. And whereas, the introduction of intoxicating liquors among the aboriginal natives of New South Wales and New Holland, is productive of serious evil to the said aboriginal natives and others: Be it enacted, that if any person whosoever, whether licensed or unlicensed, under this Act, shall sell, or supply, or give any spirituous liquor, or mixed liquor, part whereof is fermented, in any quantity which shall produce intoxication, to ant aboriginal native of New South Wales or New Holland, he or she shall for every such offence forfeit and pay (over and above any penalty which may be incurred for the sale of such liquor without a license) a penalty of five pounds, to be recovered before any one or more Justices of the Peace.

George Gipps, Governor. s See post, Licensed Publican."  

No 8. Statement of Expenditure on Account of the Aborigines of New South Wales, For the Year 1838.  

"Port Phillip: Salaries of the Chief, and four Assistant Protectors of Aborigines, Eight Tents, Four Carts, Harness and Equipments, Passages, and allowances for outfits, Stationary and Medicines; Mission Institution under Mr Landhorne, Salaries, Provisions, Clothing, Tools, Stores and Utensils, Stationary and Incidental Expenses, Arrears-Provisions, Fuel and Light, from 23 Sept. 1836, to 31^st Dec., 1837; In aid of the Wesleyan Mission to the Aborigines, a larger amount having been raised by Private Subscription; In aid of the Mission to the Aborigines, under the Church Missionary Society, at Wellington Valley; Salary and Allowance, to the Rev. LE Threlkeld, employed in the civilization of the Aborigines, at Lake Macquarie; In aid of the German Mission to the Aborigines, at Moreton Bay, an equal sum having been raised by private subscription; Cost of Blankets distributed to the Aborigines in the various districts, cost of Medicine [Five pounds 18 shillings]  Carriage of Blankets 1836 and 1838: Total expenses of Aborigines ... Four thousand, six hundred and forty eight pounds and seven pence."

No.9. Statement of the Expenses of the Colonial Government Establishments, at Port Phillip. For the Year 1838.  

"... Native Police. Salary of Superintendent, Provisions, Clothing and Equipments ... Total, £2,209 7 shillings and a penny/ ha'penny ..." LOCATE

7 whites hanged for murder of Aborigines 

Sir George Gipps to Lord Glenelg.

(Despatch No. 200. per ship Florentia; acknowledged by marquess of Normanby. 17th July, 1839.)

My Lord, Government House, 19th Decr., 1838.

In my Despatch of the 21st July last, No. 115, I brought under your Lordship's notice a long list of atrocities, committal both by and on the Aborigines of this Country; and I then stated that I had despatched a party of Mounted Police in search of some white men, who were supposed to have put to death in cold blood not less than twenty two helpless and unoffending Blacks; it is now my painful duty to inform your Lordship that seven of the perpetrators of this atrocious deed, having been convicted on the clearest evidence, suffered yesterday morning the extreme penalty which the law awards for the crime of murder.

The act, for which these men have paid the forfeit of their lives, took place on the evening' of Sunday, the 10th June last, at or near a Cattle station, belonging to a person of the name of Henry Dangar, distant perhaps 350 miles from Sydney in a direction due North, on the banks of the Myall Creek. This Creek is a branch of the Big River, which is supposed to fall into the sea at Shoal Bay, in about Lat. 29° S.; but your Lordship is aware that this part of the Country is so little known, that it is impossible to fix the spot with any degree of precision. On the banks of the Big River, there are several Cattle stations besides that of Mr. Dangar; and it appeared on the trial that, for some weeks previous to the 10th June, not less than fifty Blacks of all ages and sexes had been living at these different stations (but mostly at Mr. Dangar's) in perfect tranquillity, neither molesting the Whites nor being themselves molested by them. In consequence of some old quarrels, however, or possibly from accounts having reached the place of occurrences in other quarters, determination seems to have been formed by the white men to put the whole of the Blacks to death. On the afternoon of Sunday, the 10th June, a number of them suddenly surrounded the place, where more than thirty of the Blacks were assembled; they tied them all to a rope in the way that Convicts are sometimes tied, in order to be taken from place to place in the Colony, marched them to a convenient spot about a quarter of a mile off, and put them all, with the exception of one woman and four or five children, deliberately to death. The following day, Monday, the 11th June, the same white men scoured the Country on horseback, endeavoring to find ten or twelve of the Blacks, who, having left Danger's station on the morning of the 10th, had survived the massacre. These ten or twelve persons have never been seen or heard of since, and it is doubtful to this day whether they were not overtaken and murdered also. The first account of these deeds of blood reached Sydney about the end of the month of June. I despatched, with as little delay as possible, a Stipendiary Magistrate (Mr. Day), on whose activity and devotion I could rely, and a party of Mounted Police, in search of the Murderers; and Mr. Day, after an absence of 53 days, reported to me in person that, having come unexpectedly to the Cattle station of Mr. Dangar, he had succeeded in capturing no less than eleven out of the twelve persons, who were known to have taken part in the massacre. When Mr. Day arrived at the spot, some few scattered human bones only were visible, great pains having been taken to destroy the whole remains of the slaughtered Blacks by fire; but undeniable evidence was procured of more than twenty human heads having been counted on the spot within a few days after the day of the massacre; and the best accounts lead me to suppose that the number of persona murdered of all ages and both sexes was not less than 28. The eleven persons apprehended by Mr. Day, all arrived in this Country as Convicts, though, of some of them, the sentences have expired. The twelfth man or the one who has escaped is a free man, a native of the Colony, named John Fleming. The eleven men were all brought to trial on the 15th November on the information lodged against them by the Attorney General containing nine Counts. The first four Counts charged them in various ways with the murder of an Aboriginal Black named Daddy, the only adult male who could be identified as one of the murdered party; the five other Counts charged them (also in various ways) with the murder of an Aboriginal male Black, name unknown. The Jury on this occasion acquitted the whole of the Prisoners.

The Attorney General immediately applied to have them detained on the further charge of murdering the women and children, none of whom had been comprehended in the first Indictment ; and, this being done, seven of these men on the 27th of the same month (November) were again brought before the Supreme Court tin the charge of murdering a child. On this occasion, the first five Counts charged them simply with the murder of an Aboriginal Black Child; other Counts described the Aboriginal Child by the name of Charley. The Attorney General laid this information only against Seven of the Prisoners instead of the whole -eleven, in order that they might have the opportunity of calling the other four, if they chose to do so, as witnesses in their favor, but which they did not do. On being brought this second time before the Court, the Prisoners, who were defended by three of the ablest Counsel at the Bar entered: on the first five Counts a Demurrer, to the effect that there was not sufficient certainty in the description of the Aboriginal Child, neither the name, nor the sex being mentioned; and, against the other Counts of the Indictment, which charged them with the murder of a Boy called Charley, they entered the Plea of " Autre fois acquit," saying that it was the same offence, for which they had been already acquitted. The presiding Judge (Mr. Justice Burton) overruled their Demurrer, declaring that there was sufficient certainty in the description of the child, though neither the sex nor name was mentioned; and, upon their Plea of "Autre fois acquit," issue being joined by the Attorney General, a Jury  was empanelled to try whether the Offence, with which they then stood charged, was or was not the same as that for which they had already been acquitted. This Jury found that it was not the same offence. The seven men were consequently two days afterwards, on the 29th Nbvr., put on their trial for the murder, of the child, and found Guilty on the first five Counts, which  described the Child merely as a Black Aboriginal; but were acquitted upon the Counts, which charged them with the murder of a Child named Charley, sufficient proof of the name of the child not being adduced.

The seven men were brought up for judgment on the 5th inst., upon which occasion their Demurrer, as well as their Plea of Autre fois acquit," was brought under the solemn consideration of the three Judges of the Supreme Court, and sentence of death was not passed upon them, until after the three Judges had unanimously expressed their opinion, against the validity of their Demurrer, and their satisfaction with the verdict of the Jury, which had been empanelled on their plea of "Autre fois acquit."

The Report of the Judge (Mr. Justice Burton), who presided at the trial, was received by myself and the Executive Council on Friday, the 7th instt., when, no mitigating circumstances appearing in favor of any of them, and nothing to shew that any one of them was less guilty than the rest, the Council unanimously advised that the sentence of the law should take effect on them; they were accordingly ordered by me for Execution and suffered yesterday morning at 9 o'clock.

I enclose for your Lordship's information copies of the following documents:—

1. Copy of the Notes of the Chief Justice, taken on the 5th Novr., at the trial of the eleven men for the murder of the Aboriginal named Daddy, which ended in an acquittal;

2. Report of Mr. Justice Burton of the proceedings on the 27th Novr. on the Demurrer of the seven prisoners, and on the trial of their Plea of " Autre fois acquit ";

3. Minute of the Proceedings of the Executive Council on the 7th inst., to which is appended a Copy of the report made to the Council by Mr. Justice Burton of the trial at which the seven men who have been executed, were found guilty.

It will be satisfactory to your Lordship to hear, that the smallest doubt does not exist of the guilt of the men who have been executed, or of their all having been actively engaged in the massacre. The whole eleven would indeed, I have reason to believe, have pleaded guilty at the first trial, if not otherwise advised by their Counsel. After condemnation, none of the seven attempted to deny their crime, though they all stated that they thought it extremely hard that white men should be put to death for killing Blacks. Until after their first trial, they never I believe thought that their lives were even in jeopardy.

Three Petitions were presented to me in their favor, though not very numerously signed, one from Sydney, another from Parramatta, and the third from Windsor, bull did not feel that I could consistently with my public duty pay regard to them.

I have, &c., Geo. Gipps (Enclosures: Copies of these papers will be found in a volume in series IV.)

Magistrate Scott makes himself a party to the defence of the Myall Creek murderers  

20 December, 1838

Sir George Gipps to Lord Glenelg. (Despatch No. 201, per ship Florentia; acknowledged by Marquess of Normanby, 17th July, 1839.)

My Lord, Government House, 20th Decr., 1838. 

Connected with the trial of the men whose execution for murder I have reported in my Despatch of yesterday's date No. 200, there are some circumstances which I think it right; to bring separately to your Lordship's knowledge. The apprehension of so many as eleven men for the murder of the Blacks, and the determination of tho Government to bring them to trial, created an unusual sensation in the Colony, and a Meeting was held at Patrick's Plains, a place on. the Hunter River about 30 miles above Maitland, at which the sum of, I  believe, about £800 was subscribed to defray the expences of  defence. 

The person who presided at this Meeting was Mr Robert Scott, a Magistrate of the Territory, who, from his property, family connections, and the prominent part usually taken by him public affairs, may be considered a person of note in the community. At this same Meeting, a Petition or Memorial was adopted, which was subsequently presented to me by a Deputation, of which Mr. Scott was the leader. In all this, I saw nothing to find fault with. I could not be displeased that the Accused should have Counsel employed for their defence. The meeting at Patrick's Plains was held before the whole atrocity, which marked the murders, was known to the Public. The persons, who attended it, might reasonably have supposed that the accused had only acted in defence of their Master's property against the aggressions of the Blacks, and the Memorial addressed to myself asked for nothing more than equal justice to both parties. I cautiously therefore avoided expressing in any way disapproprobation of Mr. Scott's proceedings. The case however was altered, when a few days afterwards the Attorney General reported to me that Mr. Scott had visited the eleven men in prison and, in the presence of the Gaoler, advised them not to split among themselves, saying that there was no direct evidence against them, and that, if they were only true to each other, they could not be convicted. Mr. Scott happening to call upon me so soon after this occurrence, I thought it right to inform him of the  report which had been made to me by the Attorney General, telling him, however, that, until the trial of the men should be over, I was determined to say or do nothing more in the matter. this occasion, Mr. Scott fully, acknowledged that he had visited the men in prison, and spoken to them the words which been reported to me; he said, however, that, when he did so, he did not know the full extent of the case against them, not having then read the Depositions taken before Mr. Day; and that, after reading the Depositions, he was sorry for what he had done. From that moment, I supposed that Mr. Scott would at least have ceased to take any personal part in the defence of the men, and it was therefore with the greatest surprise I subsequently learned that he was seated in Court at their trial, close to the Bar, and by the side of their Attorney, thus making himself a party to their defence to the very last.

A New Commission of the Peace was at this time on the point M being issued, having been rendered necessary by the lapse of nearly eighteen months from the death of the late King. I thought I could not, consistently with my duty, continue Mr. Scott's name in it, and immediately after the trial was over I told him it would be omitted.

The Commission was issued on the 8th Inst., and I have to report to your Lordship that Mr. Robert Scott's name does not appear in it. '

I will only further express to your Lordship my opinion that the proceedings of Mr. Scott did materially interfere with, and have in part prevented the due administration of Justice. His appearance at the first trial contributed, I have no doubt, to a verdict from the Jury directly against the evidence; it was in consequence of the Attorney General's knowledge of the advice given by Mr. Scott to the men in Gaol, that no ipt was made on the part of the Crown to get an approver."

HRA

Sir George Gipps to Lord Glenelg.

(Despatch No. 65. per ship Caroline; acknowledged by Lord John Russell, 20th October, 1839.) My Lord, Government House, 6th April, 1839.

With my Despatch of the 20th Feby. last, No. 32, I had the honor to forward to your Lordship a Copy of the address with which I opened, on the 14th of the same month, an extraordinary Session of the Legislative Council of this Colony, and also a Draft of the Bill which I then laid before the Council for the establishment of a Police Force beyond the limits of location. I have now the honor to submit to your Lordship the Act as it has passed the Council, and to express a hope that it may, on your Lordship's recommendation, receive the approval of Her Majesty.

With respect to former Acts which have been passed to regulate the occupation of Crown Lands beyond the Borders of Location, I beg to refer your Lordship to Sir Richard Bourke's Despatch of the 14th Sept., 1836, No. 100, and to my own Despatch of the 7th Novr., 1838, No. 180, and a separate Despatch of the same date. The Act, now submitted for Her Majesty's approval, proceeds upon the same principle us these prior ones, but goes beyond them in the powers which are given to the Commissioners, and also authorises the levying of a tax or assessment on Cattle depastured beyond the Boundaries to defray in part the expence, which must be incurred for the maintenance of the Police. This assessment, which is fixed at Id. per annum for every sheep, 3d. for every head of horned cattle, and 6d. for every horse, depastured on the lands beyond the Boundaries, is expected to produce about £7,000 a year, whilst the Licences at £10 each, which are to be granted as heretofore for the occupation of the land, will produce probably from £5,000 to £6,000 a year; and though these two sums together form but a small amount for the protection of the immense tract of Country extending from Port Phillip almost to Moreton Bay, I could not as a first experiment propose the raising of a larger sum.

I trust it will appear, to your Lordship that the rights of the Crown to the wildlands of the Colony are sufficiently protected in this act, proceeding as it does on the principle explained in the Despatch of Sir Richard Bourke to which I have alluded. The price of the Licence, which is analogous to rent, is still to be determined, as it formerly was by the Crown, the amount of the assessment only being fixed, and the produce of it appropriated by the Act; and the temporary occupancy of the land under the Licence is expressly declared to give no permanent right over it whatever. The country being entirely unsurveyed, and indeed very imperfectly explored, except on the Banks of a few of the principal Rivers, it would have been impossible to define the limits, which are to be occupied by the Flocks or Herds of any individual. The Licence gives only a general right to depasture Cattle or Sheep on the Crown Lands, in the same way as a right of Common is enjoyed in England or as Licences to cut Timber are granted in Canada.

The Commissioners have powers under the 10th Clause to adjudicate in cases of encroachment by any New Comer, on what is called the established Run of the first occupant; but this is only granted to preserve order, and gives no more protection to any occupant than that which he might seek in a Court of Law, it having been decided in the Supreme Court of the Colony that a right of occupancy is good against everybody but the Crown; and I may here remark that, in a very recent case (Scott v. Dight), tried on the 22d ulto., damages to the amount of £200 were given for a intrusion by the Defendant on the established Run of the Plaintiff, though the Plaintiff held only a general Licence from the Crown. The difficulty in such cases is to decide what constitutes occupancy, and this in the first instance the Act leaves to the decision of the Commissioner.

Your Lordship may probably observe that no mention is made in the act of the protection of the Aborigines, although, as stated [\ in my opening address to the Council, it was principally introduced for the purpose of putting a stop to the atrocities which have been committed both on them and by them, and which I have reported in various Despatches to your Lordship. The Law however, as it respects the Aborigines, required neither improvement nor alteration, the means only were required of putting the Law in execution; these it is hoped will be supplied by the Police to be established under the Act, and it will be of course for the Executive Government to direct the application of them.

It may possibly be objected that, by facilitating the occupation of these distant lands, and giving security to the Flocks and Herds which are depastured there, we encourage the dispersion of our Population, and lessen the inducement to purchase lands within the limits of location; but, in anticipation of such objections, I would crave permission to remark that it is too late to calculate the evils of dispersion in New South Wales. All the : power of Government, aided even by a Military force ten times greater than that which is maintained in the Colony, would not suffice to bring back within the limits of our twenty counties the Flocks and Herds, which now stray hundreds of miles beyond them; and therefore the only question is whether we will abandon all control over these distant regions, and leave the occupiers of them unrestrained in their lawless aggressions upon each other and upon the Aborigines, or make such efforts, as are in our power, to preserve order amongst all classes.

In conclusion, I have only to state that the details of the act were very carefully arranged by a Committee of the Council, who examined a number of persons most conversant with the state of the country beyond the limits of location, which Committee made a report* to the Council, of which I enclose a copy

I have, &c,

Geo. Gipps.

P.S.—A Bill of Lading is enclosed of the Box, which contains the engrossed copy of the act on Parchment. G.G.

"Humanity towards the Blacks"  

21^st December 1838

(HRA) " .. even if we were restrained by no sense of humanity towards the Blacks ..." gipps?

"The venturesome settlers whose philosophy was that the only good Aboriginal was a dead one"  

"Gipp's policy towards the Aboriginals was humane, practical, and courageous. Over the years settlers had constantly pressed the Aboriginals back into the interior .... Officially, the Aboriginal was considered a British subject, sheltered by British law and justice. The best expression of official policy was set out in the report of the Aborigines committee to the House of Commons in 1837: its special suggestions for Australia were the reservation of lands so that Aborigines could continue as huntsmen until tilling the soil ceased to be 'distasteful' to them, education of their children, increased expenditure for missionaries and for protectors, and, if necessary, the prosecution of the whites. In January 1838 Glenelg sent Gipps this report and an elaborate plan for ... a chief protector, GA Robinson, and four assistants, who were to be part-time missionaries and school-teachers and full-time defenders against the land-greed and vindictiveness of the less responsible settlers. The scheme was known as the 'Protectorate', and its officers were paid from local revenue ... In Sydney a select committee of the Legislative Council ... was appointed to study the Aboriginal question ... Weakened by inadequate finance, the official policy collapsed in the face of the explosive dangers inherent in frontier contact. How could the government control the venturesome settlers whose philosophy was that the only good Aboriginal was a dead one ... on the frontier an atmosphere of force and fear prevailed. The Aboriginals did not combine, and most incidents were small in size ..." 

"The nomadic food gathering tribes in the 'full enjoyment of their possessions'"  

" .. How could the nomadic food-gathering tribes be protected in the 'full enjoyment of their possessions', when they had no land but all the land, and every new arrival was likely to impinge upon some ancient hunting ground? The land was seized by the Crown and redistributed among the settlers; none was reserved for the natives, 'driven back into the interior as if they were dogs or kangaroos'. The totemic shrines were not protected; ceremonial gatherings became impossible. Hunting and food gathering became trespass, often stealing. There would be bloodshed and retaliation. Then the natives had 'to be taught a lesson', and the punitive expedition followed ... White violence in NSW was virtually unchecked and unpunished until the infamous Myall Creek massacre in 1838; then seven men were hanged for the murder of twenty-eight friendly natives of both sexes and various ages, in retaliation for an alleged 'outrage'. 'We were not aware that in killing the blacks we were violating the law ... as it has so frequently done before,' argued the defence. Certainly it was frequently done again, and the aborigines were soon driven from the more fertile parts of the continent. They were not likely to hamper white settlement." (Page 246) " .. By 1938 the 300,000 blacks who had been estimated to be living in Australia had been reduced to some 50,000 fullbloods ... and 25,000 half-castes, chiefly in NSW and Queensland."  

"The treatment of the indigenous populations of the ... British colonies"  

" ...The Aborigines Protection Society was founded in England in 1838 in England as a result of a royal commission appointed at the instance of Sir T Fowell Buxton to inquire into the treatment of the indigenous populations of the various British colonies."  

[Aborigines, Encyclopaedia Britannica (Vol 1, Encyclopaedia Britannica Ltd 1957) Page 57]

Forcible removal of Aboriginal people  

".... From the early days of European invasion, from 1788 onwards, Aboriginal people were forcibly removed from their lands. This practice included the removal of Indigenous children for virtual slave labour and more seriously to eradicate the Aboriginal race ... These children have come to be known as the Stolen Generations ... With British invasion came massacres and atrocities. When reports of this brutality were passed on to the British Government they responded by establishing a Select Committee to inquire unto the conditions of Aboriginal Australians ... One of the key findings of the committee was the plain and sacred rights of indigenous people to land. This was the first recognition of native title by a formal Government Inquiry ... "

 [Source: Colin Markham MP; NSW Parliamentary Secretary for Aboriginal Affairs; Native Title and the Impact of the Stolen Generations -25 August 1999, Commonwealth Parliamentary Association, 25^th Australian and Pacific Regional Conference. Port Moresby, Papua New Guinea, 23-25 August 1999]

"It was well known that the British Government was resolved to protect them"  

"The second of the causes mentioned (the first being disease) as having led to the extinction of the blacks was the shooting of the men in affrays that arose in various ways. But with only one notable exception the aboriginals who were thus shot met their death in fights in which, whatever the original source of contention, the first