CHAPTER 10. THEIR TRADITIONAL LAWS.

ERRORS OF THEORETICAL WRITERS REGARDING THE SAVAGE STATE.

No question has, in as far as I can apprehend the subject, been so

utterly misunderstood and misrepresented as the one relating to the

customs and traditional laws of savage races. Deistical writers and

philosophers of great note but small experience have built up whole

theories, and have either overturned or striven to overturn ancient

faiths and wholesome laws by arguments deduced, in the first instance,

from the consideration of man in his simple or savage state; and from

false premises they have deduced, logically, argument from argument,

until even the most unwilling have begun to doubt.

COMPLEX LAWS OF SAVAGE LIFE.

But to believe that man in a savage state is endowed with freedom either

of thought or action is erroneous in the highest degree. He is in reality

subjected to complex laws which not only deprive him of all free agency

of thought, but at the same time, by allowing no scope whatever for the

development of intellect, benevolence, or any other great moral

qualification, they necessarily bind him down in a hopeless state of

barbarism from which it is impossible for man to emerge so long as he is

enthralled by these customs; which, on the other hand, are so ingeniously

devised as to have a direct tendency to annihilate any effort that is

made to overthrow them.

This people reject in practice all idea of the equality of persons or

classes; they make indeed no verbal distinctions upon this point, and if

asked, were all men equal? they would be unable to comprehend the

question; but there is no race that imposes more irksome restraints upon

certain classes of the community.

CHARACTER OF THE NATIVE CUSTOMS. THEIR GENERALITY.

The whole tendency of their superstitions and traditional regulations is

to produce the effect of depriving certain classes of benefits which are

enjoyed by others; and this monopolizing of advantages often possesses

amongst savages many characteristics which violate all the holier

feelings of our nature, and excite a disgust of which it is divested in

civilized life. In the latter case we see certain privileges even

hereditarily enjoyed; but the weak and strong, the rich and poor, the

young and old have paths of honourable ambition laid open to them by

entering on which they can gain like immunities. While in the savage

condition we find the female sex, the young, and the weak, condemned to a

hopeless state of degradation and to a lasting deprivation of particular

advantages merely because they are defenceless; and what they are

deprived of is given to others merely because they are old or strong: and

this is not effected by personal violence, depending upon momentary

caprice and individual disposition (in which case it might be considered

as the consequence of a state of equality) but it is enforced upon the

natives of Australia by traditional laws and customs which are by them

considered as valid and binding as our laws are by us.

CONSIDERATIONS ON THEIR ORIGIN.

The laws and customs alluded to cannot be considered as mere local

institutions, for travellers and residents in the northern provinces of

the colony of New South Wales describe as existing there usages nearly

identical with those which regulate the proceedings of the natives

occupying the west of the continent. And these testimonies cannot be

doubted for they are incidentally introduced without any theoretical bias

and in ignorance of the conformity they tend to prove. Natives from the

country about the Murrumbidgee have described to me Australian customs as

being in force there which exhibit the same accordance with those I found

in the west; and I have myself ascertained their existence on several

other portions of the continent. But it is remarkable that, although so

many persons have described isolated customs of this people, no one has

yet taken the trouble to digest them into one mass, and to exhibit them

in the aggregate, so that an inference might be drawn as to how far the

state in which the natives of Australia are at present found is caused by

the institutions to which they are subjected.

We find then, in Australia, the remarkable fact that the inhabitants of a

tract of country nearly two thousand miles in breadth are governed by the

same institutions: and what renders this more singular is that the people

submitted to them are not subjected by written rules of faith, which the

chiefs of each race may interpret and modify according to their will; as

is the case with those who are governed by the Koran or other similar

codes; but in this instance mere oral traditions are handed down, which

teach that certain rules of conduct are to be observed under certain

penalties, and without the aid of fixed records, or the intervention of a

succession of authorized depositaries and expounders these laws have been

transmitted from father to son through unknown generations, and are fixed

in the minds of the people as sacred and unalterable.

DEISTICAL REVERIES CONFUTED BY EXPERIENCE.

One common mode of argument among deistical writers is to imagine

barbarous man let loose upon the earth without undergoing any previous

preparation for the scene upon which he was about to enter; and they then

trace out how, urged on by his necessities and aided by his senses, he

successively discovered the natural productions necessary for his

subsistence and the arts which ministered to his wants, until step by

step he mounted to the pinnacle of civilization. But these are merely

reveries of the closet, dreams of the inexperienced, and have no real

foundation in as far at least as Australia is concerned. That the first

natives who were placed on that continent must have been instructed how

to provide for their wants, how to form weapons suited to their

circumstances, how to select roots, and to capture animals fitted for

food, has been demonstrated over and over again, but at no time more

forcibly than when the portion of my party, under Mr. Walker, were coming

overland from Gantheaume Bay to Perth. In this case six full-grown men,

provided with knives, fishing-hooks and lines, a kettle, vessels to hold

water and cook their food, arms, and a small quantity of ammunition, and

many of them possessing considerable experience in the bush, must all

have perished from hunger had not timely assistance reached them; and

this from their ignorance as to which of the productions surrounding them

would serve to support life, and not from neglect in making the requisite

experiments to endeavour to ascertain this, for the poor fellows ate

everything they could find which appeared to afford sustenance; yet

notwithstanding all the comparative advantages they were in possession

of, if the relief sent from Perth had not reached them, death must have

overtaken all. The same result has frequently occurred under nearly

similar circumstances. If then men, full-grown, in the complete

possession of all their faculties, provided with fire and many useful

implements, and aided by considerable experience, from ignorance of the

natural productions of a country, and the means of procuring these, die

from hunger ere they can learn how to supply their wants, is it probable

that an unarmed, naked, untaught man, who knew not even how to make his

senses act in concert until he had from experience acquired this

knowledge, could by any possibility have avoided a fate, which would

inevitably overtake the European in possession of all his superior

energies of mind and character, if he chance not to fall in with friendly

natives.

ENQUIRY INTO THE ORIGIN OF THE NATIVE LAWS.

The laws of this people are unfitted for the government of a single

isolated family, some of them being only adapted for the regulation of an

assemblage of families; they could therefore not have been a series of

rules given by the first father to his children: again, they could not

have been rules given by an assembly of the first fathers to their

children, for there are these remarkable features about them that some

are of such a nature as to compel those subject to them to remain in a

state of barbarism, whilst others are adapted to the wants and

necessities of savage RACES, as well as to prevent too close

intermarriages of a people who preserve no written or symbolical records

of any kind; and in all these instances the desired ends are obtained by

the simplest means, so that we are necessitated to admit that, when these

rules were planned it was foreseen that the race submitted to them would

be savages, and under this foresight the necessary provision was made for

the event.

We cannot argue that this race was originally in a state of civilization,

and that from the introduction of certain laws amongst them, the tendency

of which was to reduce them to a state of barbarism, or from some other

cause, they had gradually sunk to their present condition; for in that

case how could those laws which provide solely for the necessities of a

people in their present state have been introduced amongst them? Neither

could they have been invented according to necessities and emergencies

which a savage state has produced, for under such circumstances it is

impossible that they could have been promulgated and enforced throughout

so wide a range of country, and amongst a dispersed race of barbarians of

such a variety of dispositions, who acknowledge no chief or lawgiver, and

are so characteristically impatient of restraint.

Without in this place attempting to form and to support any theories

founded upon the views I have just put forward, I may state my impression

that it would seem, from the laws and customs of the natives of

Australia, to have been willed that this people should until a certain

period remain in their present condition, which is consequently not the

result of mere accident, or of the natural constitution of man. From the

peculiar nature of their institutions it was impossible that they could

emerge from a state of barbarism whilst these remained in force, and from

the tenacity and undeviating strictness with which they are retained, and

the strong power they hold over the savage mind, it seems equally

impossible that they could have been abrogated, or even altered, until

the race subjected to them came into contact with a civilized community

whose presence might exercise a new influence, under which the ancient

system would expire or be swept away.

We may, I think, fairly produce this as a proof that the progress of

civilization over the earth has been directed, set bounds to, and

regulated by certain laws framed by Infinite wisdom; and, although such

views may by some be deemed visionary, I feel some confidence that these

laws are as certain and definite as those which control the movements of

the heavenly bodies. I believe moreover, that they are capable in some

degree of being studied and reduced to order, although no attempt to do

so has hitherto been made; and the institutions of barbarous races, their

probable origin, the effects they have upon the people submitted to them,

the evidences of design which they contain, and other similar questions,

are those points to which in this enquiry attention should be

particularly directed.

CONCLUDING OBSERVATIONS.

The progress of events and the rapid march of science in our country are

very wonderful, but the progress of events in the eastern hemisphere at

the present moment is still more amazing: Christianity and civilization

are marching over the world with a rapidity not fully known or estimated

by any one nation; the English are scarcely aware what has been effected

by their own missionaries and commerce, and they are utterly ignorant of

what has been already done, and is now doing, by the Americans, Dutch,

and Portuguese.

Journals of Two Expeditions of Discovery in North-West and Western Australia, Volume 2 · 第 10 / 19 章