- 3. The subscribing parties bound themselves to bring no action at law or equity for any act of the Arbitrator; and all residents not at the meeting, were to be invited to join in the action taken.
- 4. They bound themselves to communicate to the Arbitrator any aggression committed by, or upon, the aborigines, that might come to their knowledge and that the Arbitrator be empowered to proceed in all such matters as he might think fit.
- 5. All subscribing parties pledged themselves to afford all the protection in their power to the aborigines; not to teach them the use of fire-arms, nor allow their servants to do so; nor allow the aborigines to possess them.
- 6. That the Arbitrator should collect all fines, and hold them until the next meeting, on the 1st September.
- 7. That a reward offiveshillings be given for the production of every head of wild dogs killed; that a fund be raised for that purpose; and that the master's certificate be sufficient proof.
- 8. That a petition be forwarded to Governor Bourke, asking for the presence of a Resident Magistrate at Port Phillip; and also the appointment, from the residents, of other gentlemen to assist the Resident Magistrate.
The first Government was, therefore, a limited autocracy, yet, strange to say, from that day to this, no better choice of an autocrat could possibly be made than Mr. Simpson. H e had been police magistrate at Campbelltown, in Van Diemen's Land; and, with a large experience of our earlier and later magistracy— stipendiary and honorary—I never knew a more independent and impartial man on the bench. For many years Mr. Simpson was police magistrate of Melbourne and a magistrate of the colony, and held other honorary offices, such as Warden of the District Council of Bourke, Returning Officer, &c.; and he always comported himself in a manner which secured the confidence of everyone who witnessed his thorough uprightness. There was a something stern and slightly forbidding in his sallowed face; but it was only skin deep; and, if one could not admire him outwardly, the honesty of purpose which seemed to actuate him, never, failed to ensure for him one's respect. He filled the office of Sheriff of Melbourne for some time, and when he died, it was amidst very general regret for the loss of a man who had secured so many good wishes in his day.
Captain Stewart, having fulfilled his mission to his own satisfaction, transmitted his report to Sydney; and, from a perusal of that document, some facts are gathered pertinent to this narrative. Amongst other incidents he relates that he held a conference with a number of the aborigines, amongst whom he distributed some blankets brought with him for that purpose. As far as could be then judged of, the aboriginal population numbered about 800, 400 of whom had on one occasion assembled round "the settlement," as the place was called. The use of tobacco was unknown to them, and, even if it were not, he (Captain Stewart) thought it would not be appreciated. What they most prized were blankets, tomahawks, knives, and brass ornaments. They knew little or nothing about "grog," which the settlers up to that time kept from them. "The town — 'Bearbrass'"—he writes, "is on the left hand side of the Yarra Yarra, about seven miles from its mouth, which, at present consists of thirteen buildings, viz., three weatherboard, two slab, and eight turf huts." The whole European population he estimated at 142 males and 35 females, and nine of the former were land owners, claiming under the Batman bargain. The grazing stock he reckoned at about 100 head of cattle, 26,500 sheep, and 57 horses; and the value of the whole, including farming implements, might be put down at £80,000. The Europeans occupied in extent about 100 miles, but no one was known to have penetrated more than 70, and the most distant station was not more than 35 miles from the township. Eleven vessels, chiefly laden with stock, had made forty-eight trips from Van Diemen's Land, and the smuggling of spirits and tobacco had already commenced. Captain Stewart strongly recommended the establishment of a branch of the Customs for the protection of the public revenue.
Such is a resume of the most important portions of the magisterial manifesto; and Captain Stewart need not have lived very long to learn the unreliability of his tobacco theory about the aborigines, for, in the course of a short time when these unfortunate people came to be initiated into some of the rites of civilization, the two things in the world for which they most ardently longed were tobacco and rum, or the "white money" wherewith to procure them. It will also be observed that Captain Stewart gives "Bearbrass" as the name of the settlement; but what had put such an absurd and inappropriate term into his head is more than I could, or I suppose ever shall, comprehend.
The small community was daily expanding, and the planting of stations increased. Mr. Hawdon found out Dandenong, Howie annexed a goodly slice at Mount Macedon, and Yaldwyn took a fancy to Kyneton. Mr. C. H. Ebden was the first station-holder on the Murray, and it was he who established the first crossing-place at Albury, but the researches of Mr. Bonney afterwards induced him to remove to
