rtion, resident in a central
situation, should be ready to act instantly in any direction where their
presence was required. I do not apprehend that this body need be
numerous, for their utility would depend more on their activity and
efficiency than on their numbers. It is absolutely necessary, for the
cause of humanity and good order, that such a force should exist; for so
long as distant settlers are left unprotected and are compelled to take
care of and avenge themselves, so long must great barbarities necessarily
be committed; and the only way to prevent great crime on the part of the
natives, and massacres of these poor creatures as the punishment of such
crimes, is to check and punish their excesses in their infancy: it is
only after becoming emboldened by frequent petty successes that they have
hitherto committed those crimes which have drawn down so fearful a
vengeance upon them.

15. The greatest obstacle that presents itself in considering the
application of the British laws to these aborigines is the fact that,
from their ignorance of the nature of an oath, or of the obligations it
imposes, they are not competent to give evidence before a court of
justice; and hence in many cases it would be extremely difficult, if not
impossible, to obtain evidence on which a prisoner could be convicted.

16. One mode of evading this difficulty would be to empower the court to
receive evidence from the natives in all cases relating solely to
themselves without the witness being sworn, only allowing testimony of
this nature to hold good when borne out by very strong circumstantial
evidence; secondly to empower the court always to receive evidence from
natives called on by a native prisoner in his defence, such evidence
being subject to the before-named restrictions.

17. The fact of the natives being unable to give testimony in a court of
justice is a great hardship on them, and they consider it as such; the
reason that occasions their disability for the performance of this
function is at present quite beyond their comprehension, and it is
impossible to explain it to them. I have been a personal witness to a
case in which a native was most undeservedly punished, from the
circumstance of the natives who were the only persons who could speak as
to certain exculpatory facts not being permitted to give their evidence.

18. There are certain forms in our colonial courts of justice as at
present conducted which it is impossible