The Bushman — Life in a New CountryLandor, Edward Wilson
History
The Bushman — Life in a New Country
Landor, Edward Wilson
Western Australia -- Description and travel
A "right of occupancy!" Amiable sophistry! Why not say boldly at
once, the right of power? We have seized upon the country, and shot
down the inhabitants, until the survivors have found it expedient to
submit to our rule. We have acted exactly as Julius Caesar did when
he took possession of Britain. But Caesar was not so hypocritical as
to pretend any moral right to possession. On what grounds can we
possibly claim a right to the occupancy of the land? We are told,
because civilized people are justified in extending themselves over
uncivilized countries. According to this doctrine, were there a
nation in the world superior to ourselves in the arts of life, and of
a different religious faith, it would be equally entitled (had it the
physical power) to the possession of Old England under the "right of
occupancy;" for the sole purpose of our moral and social improvement,
and to make us participants in the supposed truths of a new creed.
We have a right to our Australian possessions; but it is the right of
Conquest, and we hold them with the grasp of Power. Unless we
proceed on this foundation, our conduct towards the native population
can be considered only as a monstrous absurdity. However Secretaries
of State may choose to phrase the matter, we can have no other right
of occupancy. We resolve to found a colony in a country, the
inhabitants of which are not strong enough to prevent our so doing,
though they evince their repugnance by a thousand acts of hostility.
We build houses and cultivate the soil, and for our own protection we
find it necessary to declare the native population subject to our
laws.
This would be an easy and simple matter were it the case of
conquerors dictating to the conquered; but our Secretaries of State,
exhibiting an interesting display of conscientiousness and timidity,
shrink from the responsibility of having sanctioned a conquest over a
nation of miserable savages, protected by the oracles at Exeter Hall,
and reject with sharp cries of anger the scurrilous imputation.
Instead, therefore, of being in possession by right of arms, we
modestly appropriate the land to ourselves, whilst making the most
civil assurances that we take not this liberty as conquerors, but
merely in order to gratify a praiseworthy desire of occupying the
country. We then declare ourselves seised in fee by right of
occupancy. But now comes the difficulty. What right have we to
impose laws upon people whom we profess not to have conquered, and
who have never annexed themselves or their country to the British
Empire by any written or even verbal treaty?
And if this people and country be not subject to our rule by
conquest, and have never consented or desired (but the contrary) to
accept of our code of laws, and to submit themselves to our
authority, are they really within the jurisdiction of the laws of
England -- 'especially for offences committed inter se?'
Public-domain text, read in full here on John Shaqi.
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