of your perusal; but you may take it as certain, at all events, that the Aborigines of Australia have an idea of property in the soil in their native and original state, and that that idea is, in reality, not very different from that of the European proprietors of sheep and cattle, by whom they have, in so many instances been dispossessed, without the slightest consideration of their rights or feelings. "Indeed, the infinity of the native names of places, all of which are descriptive and appropriate, is of itself a prima facie evidence of their having strong ideas of property in the soil; for it is only where such ideas are entertained and acted on, that we find, as is certainly the case in Australia, Nullum sine nomine saxum. "I am, my dear Friend, "To Dr. Hodgkin." "JOHN DUNMORE LANG. A father divides his land during his lifetime, fairly apportioning it amongst his several sons, and at as early an age as fourteen or fifteen they can point out the portion which they are eventually to inherit. If the males of a family become extinct, the male children of the daughters inherit their grandfather's land. The punishment of "trespass for the purpose of hunting," is invariably death, if taken in the fact, and at the very least an obstinate contest If the trespasser is not taken in the fact, but is recognised from his footmarks, or from any ensues. LAWS REGARDING ARTICLES OF FOOD. 237 other circumstance, and is ever caught in a defenceless state, he is probably killed; but if he appears attended by his friends he is speared through the thigh, in a manner which will be mentioned under the head of punishments. There are other laws intended for the preservation of food, such as that which enjoins that 1. No vegetable production used by the natives as food should be plucked or gathered when bearing seed. 2. That certain classes of natives should not eat particular articles of food; this restriction being tantamount to game laws, which preserve certain choice and scarce articles of food from being so generally destroyed as those which are more abundant. 3. The law regarding the family kobongs, mentioned in page 228. Independent of these laws, there are certain articles of food which they reject in one portion of the continent and which are eaten in another; and that this rejection does not arise from the noxious qualities of the article is plain, for it is sometimes not only of an innocent nature, but both palatable and nutritious: I may take for example, the unio, which the natives of South-west Australia will not eat, because, according to a tradition, a long time ago some natives ate them, and died through the agency of certain sorcerers who looked upon that shell-fish as their peculiar property. CHAPTER XII. CRIMES AND PUNISHMENTS. SUPERSTITIOUS REVENGE OF NATURAL DEATH-MURDER- CRIME Laws relative to Deaths and Punishments.-THE natives do not allow that there is such a thing as a death from natural causes; they believe, that were it not for murderers or the malignity of sorcerers, they might live for ever: hence, When a native dies from the effect of an accident, or from some natural cause, they use a variety of superstitious ceremonies, to ascertain in what direction the sorcerer lives, whose evil practices have brought about the death of their relative; this point being satisfactorily settled by friendly sorcerers, they then attach the crime to some individual, and the funeral obsequies are scarcely concluded, ere they start to avenge their supposed wrongs. If a native is slain by another wilfully, they kill the murderer, or any of his friends they can lay hands on. If a native kills another accidentally, he is punished according to the circumstances of the case; for instance, if, in inflicting spear wounds as a punish CONSEQUENCES OF A CRIME COMMITTED. 239 ment for some offence, one of the agents should spear the culprit through the thigh, and accidentally so injure the femoral artery, that he dies, the man who did so would have to submit to be speared through both thighs himself. The first great principle with regard to punishments is, that all the relatives of a culprit, in the event of his not being found, are implicated in his guilt; if, therefore, the principal cannot be caught, his brother or father will answer nearly as well, and failing these, any other male or female relatives, who may fall into the hands of the avenging party. When, therefore, it is known among the natives, that any crime which calls for a very heavy measure of punishment has been committed, great and widespread consternation prevails; and when it is further ascertained that the culprit has escaped, every one in the remotest degree connected with him becomes filled with anxiety, for it is impossible to tell in what direction the blow will fall. The brothers of the criminal conceive themselves to be quite as guilty as he is, and only those who are jee-dyte, or unconnected with the family of the guilty person, believe themselves in safety. Little children of seven or eight years old, if, whilst playing, they hear that some murder has taken place, can in a moment tell whether or not they are jee-dyte, and, even at this tender age, take their measures accordingly. The moment any great crime has been committed, those who have witnessed it raise loud cries, which are taken up by more distant natives, and are echoed widely through the woods. The nature of these cries indicates who has been the guilty party, who the sufferer, and those who are jee-dyte; whilst those who are involved in the guilt direct one another by their calls to what point to repair and muster their several forces the culprit and generally his brothers and near relatives seek safety in a precipitate flight. If a native has been slain, his near male relations give way to the most violent paroxysms of rage, and are forcibly held by their friends to prevent them doing some injury to the bystanders; they then go and confront the body of those who are the relatives of the murderer, and a stormy altercation takes place; this generally, however, is terminated in an amicable way, by the parties uniting to go in search of the culprit. It is obviously the interest of every one that he should be caught and punished; for, until this takes place, the whole of his connexions are in danger. The holiest duty a native is called on to perform is that of avenging the death of his nearest relation, for it is his peculiar duty to do so: until he has fulfilled this task, he is constantly taunted by the old women; his wives, if he be married, would soon quit him; if he is unmarried, not a single young woman would speak to him; his mother would constantly cry, and lament she should ever have given birth to so degenerate a son; his father would treat him with contempt, and reproaches would constantly be sounded in his ear. |