This principle originated in philanthropic motives and a total ignorance of the peculiar traditional laws of this people, which laws, differing from those of any other known race, have necessarily imparted to the people subject to them a character different from all other races; and hence arises the anomalous state in which they have been found.
4.

They are as apt and intelligent as any other race of men I am acquainted with; they are subject to the same afflictions, appetites, and passions as other men, yet in many points of character they are totally dissimilar to them; and, from the peculiar code of laws of this people, it would appear not only impossible that any nation subject to them could ever emerge from a savage state, but even that no race, however highly endowed, however civilized, could in other respects remain long in a state of civilization if they were submitted to the operation of such barbarous customs.
5.

The plea generally set up in defence of this principle is that the natives of this country are a conquered people, and that it is an act of generosity to allow them the full power of exercising their own laws upon themselves; but this plea would appear to be inadmissible; for, in the first place, savage and traditional customs should not be confounded with a regular code of laws; and secondly, when Great Britain insures to a conquered country the privilege of preserving its own laws, all persons resident in this territory become amenable to the same laws, and proper persons are selected by the Government to watch over their due and equitable administration; nothing of this kind either exists or can exist with regard to the customs of the natives of Australia; between these two cases then there is no apparent analogy.
6.

I would submit therefore that it is necessary from the moment the aborigines of this country are declared British subjects, they should, as far as possible, be taught that the British laws are to supersede their own, so that any native who is suffering under their own customs may have the power of an appeal to those of Great Britain; or, to put this in its true light, that all authorized persons should, in all instances, be required to protect a native from the violence of his fellows, even though they be in the execution of their own laws.
7.

So long as this is not the case the older natives have at their disposal the means of effectually preventing the civilization of any individuals of their own tribe, and those among them who may be inclined to adapt themselves to the European habits and mode of life will be deterred from so doing by their fear of the consequences that the displeasure of others may draw down upon them.
8.