[Note 39:  I cannot adduce a stronger proof in support of the position I assume, in favour of the natives, than by quoting the clear and just conclusions at which the Right Honourable Lord Stanley, the present Secretary of State for the Colonies, arrived, when considering the case of some collisions with the natives on the Ovens River, and after a full consideration of the various circumstances connected with the occurrence.  In a despatch to Governor Sir G. Gipps, dated 5th October, 1841, Lord Stanley says, “Contrasting the accounts of the Aborigines given by Mr. Docker with those given by Mr. Mackay, and the different terms on which those gentlemen appear to be with them in the same vicinity, I cannot divest myself of the apprehension that the fault in this case lies with the colonists rather than with the natives.  It was natural, that conduct so harsh and intemperate as that of the Messrs. Mackay should be signally visited on them, and probably also on wholly unoffending persons, by a race of uninstructed and ignorant savages.  At the same time the case of Mr. Docker affords a most satisfactory instance of natives entering into permanent service with white men, and working, as they appear to do, steadily for wages.”]

With respect to the first point, I consider that an intimate knowledge of the peculiar habits, laws, and traditions, by which this people are governed, is absolutely necessary, before any just opinion can be formed as to how far the means hitherto pursued, have been suitable, or adapted to counteract the influence of custom and the force of prejudice.  Until this knowledge is attained, we have no right to brand them as either irreclaimable, or unteachable.  My own impression, after long experience, and an attentive consideration of the subject, is, that in the present anomalous state of our relations with the Aborigines, our measures are neither comprehensive enough for, nor is our system sufficiently adapted to, the singular circumstances they are in, to enable us successfully to contend with the difficulties and impediments in the way of their rising in the scale of civilization.

Upon the second point it is also necessary to make many inquiries before we arrive at our conclusions; and I have no doubt, if this be done with calmness, and without prejudice, it will be generally found that there are many extenuating circumstances which may be brought to modify our judgment.  I am anxious, if possible, to place a few of these before the public, in the hope, that by lessening in some degree the unfavourable opinion heretofore entertained of the Aborigines, they may be considered for the future as more deserving our sympathy and benevolence.

Without assuming for the native a freedom from vice, or in any way attempting to palliate the many brutalising habits that pollute his character, I would still contend that, if stained with the excesses of unrestrained passions, he is still sometimes sensible to the better emotions of humanity.  Many of the worst traits in his character are the result of necessity, or the force of custom—­the better ones are implanted in him as a part of his nature.  With capabilities for receiving, and an aptness for acquiring instruction, I believe he has also the capacity for appreciating the rational enjoyments of life.