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e to intimidate the blacks; but he solemnly pledged his government to equal justice, and that the law should take its course on individuals of either race, who might violate "the common law of mankind." The discussions which followed, proved the division of public opinion on the propriety of this measure. It was not clear, to many, that the natives were legally accountable, or that their punishment was just. Grotius and Vattel were quoted; writers, who have discoursed upon the relations of man, and distinguished the felon from the enemy. It was, however, simply a question between judicial and private vengeance: the interference of the court could alone prevent a general proscription. In the heat of anger, no provocation would be weighed--no palliative admitted; and the innocent would perish with the guilty.[9] The impression on the aborigines was unfavorable: they saw only the death of an unfortunate countryman, and, perhaps, the last act of the white man's warfare. Its moral influence was not great on either race: it neither softened the resentment of the British, nor intimidated the blacks: it was a mere variety in the forms of destruction. The brother of one of these men led the Oyster Bay tribe, and prompted the murders which, in 1830, filled the colony with wailing. The rapid colonisation of the island from 1821 to 1824, and the diffusion of settlers and servants through districts hitherto unlocated, added to the irritation of the natives, and multiplied the agents of destruction. Land unfenced, and flocks and herds moving on hill and dale, left the motions of the native hunters free; but hedges and homesteads were signals which even the least rationality could not fail to understand, and on every re-appearance the natives found some favorite spot surrounded by new enclosures, and no longer theirs. The proclamations of the government assumed the fixed relations of the different tribes to particular districts. Oyster Bay and the Big River were deemed sufficiently precise definitions of those tribes, exposed to public jealousy and prosecution. It is true, they had no permanent villages, and accordingly no individual property in land; but the boundaries of each horde were known, and trespass was a declaration of war. The English, of modern times, will not comprehend joint ownership, notwithstanding the once "common" property of the nation has been only lately distributed by law. The rights of the aborigines
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