Lead-up to Western District Clashes

There were many outbreaks of violence in the lead-up to the Native Police patrols of the Western District in 1843, and it is interesting to examine some of the responses of the colonial government to these events. They not only give a glimpse of the kinds of clashes that were taking place, but also tell us about government policy on how conflict should be dealt with.

To begin with, government authorities sometimes found it difficult to gauge the true extent of the problem. In May 1841, the Portland Police Magistrate James Blair decided that he needed to investigate reports of murders being 'committed almost daily by the Native Blacks'. Letters he wrote to Superintendent Charles La Trobe describe his journey to the plains north of Portland where the majority of these murders had allegedly taken place. In particular, Blair wanted to investigate the murder of a Mr Morton and his shepherd, and, if he could, apprehend those who had killed them. By June, Blair had heard reports of three or four further murders and returned once more to the plains to find out for himself. His expedition found that some of these stories were false.

Image 17: William Strutt, Aboriginal police force [uniforms], pencil and watercolour, 1850, in Victoria the Golden: scenes, sketches and jottings from nature, 1850-1862. Reproduced with the permission of the Parliamentary Library, Parliament of Victoria.

Also in June of that year, Thomas Benson reported an attack on his shepherd and some of his sheep at his station on the Goulburn River north of Melbourne. Benson armed himself and gathered together three of his men to pursue those responsible. When they had tracked down the alleged perpetrators, they fired their guns continually at a group of Aboriginal men for around 15 minutes. Benson reported the incident to George Betram, an overseer at the Goulburn Aboriginal Protectorate. Benson's letter and a report from Betram detailing their discussion were sent to the local Assistant Protector of Aborigines, William Le Souef.

The Colonial Secretary's office heard about the 'menacing demeanour' of the Aboriginal people in Le Souef's district. Writing on behalf of the Governor of New South Wales, the Colonial Secretary acknowledged the need for more protection but also stressed the need to avoid physical force. In Melbourne, La Trobe agreed with these sentiments. In his view, physical force was unnecessary and counter-productive. Those who were working with Aboriginal people on behalf of the government needed an ability to use 'moral influence'. La Trobe believed that government officers who could not do this were failing in their duties.

The following year, La Trobe dispatched a letter to Police Magistrate Blair in Portland containing a list of men believed to have killed the shepherd Thomas Bird at Mr Ritchie's station. Written by a local squatter, James Kilgour, the list identified a number of Aboriginal men thought to be responsible for much of the recent 'mischief' in the Port Fairy area. At the bottom of the list, Kilgour wrote a brief description of the incidents, which included an attack on employees at his own station.

La Trobe had earlier circulated instructions regarding rewards for persons who assisted with the capture of murderers, including those who had killed Thomas Bird. In June 1842 he informed protectors and magistrates that any Aboriginal person suspected of murder had to be treated the same as a European.

La Trobe also expressed concern regarding court decisions that restricted Aboriginal people's access to their traditional lands. Settlers who had set up pastoral runs in Port Phillip had much at stake. Many believed they had a right to defend their stock and the land they were occupying at all costs. Writing to Governor George Gipps in Sydney in 1842, La Trobe stated that judgements resulting from a recent court case (Queen v. Bolden) had served to reinforce this view among settlers. In La Trobe's opinion, the judge's decision undermined the restraint that settlers had been showing and risked a return to levels of unrest not seen since 1839 and 1840. Increased conflict was likely because settlers who had only obtained the right to run stock on a piece of land (known as Crown land) now believed they had the right to remove anyone from that land by force. Apart from the risk of renewed violence, La Trobe questioned the legality of such action. Most settlers on the frontier did not actually own the land they were using. The land had simply been taken away from the Aboriginal people without any kind of permission. The colonial government then decided to make this situation 'legal' by leasing the land to settlers to run stock. These leases were not meant to prevent Aboriginal people accessing the land in their traditional ways. In addition, La Trobe argued that it was inhumane to remove Aboriginal people from their own land and force them to search for alternative sources of food and water.