endeavour to prevail upon the natives to adopt some settled mode of existence. It was contemplated to appoint a missionary to each homestead, where the agricultural operations were to be superintended by a free overseer, and the Assistant Protector was to be aided by a free constable, in the performance of his magisterial duties. The Protectorate continued to exist for some years, and certainly never attained the measure of success so sanguinely hoped for by its promoters. The Assistant Protectors were often placed in positions of much difficulty between the white and black population, and in more than one instance, evinced an undue degree of partiality towards their protégés, and so extreme an animus in some inter se prosecutions for criminal offences, as to excite much dissatisfaction. In the early feuds between the blacks and whites, it must be admitted that the fault was not always on the side of the Aborigines. Ferocious murders, no doubt, were perpetrated by them, but the world will never know the brutal provocations and retaliations that took place.
Crown Lands Commissioners.
As already stated, Messrs. Robert Russell and Robert Hoddle, the two first Principal Officers of Survey, were nominated successively as ex-officio Commissioners of Crown Lands, but on the 1st July, 1840, the Government deemed it advisable to appoint Special Officers, charged with the administration of the Crown Lands Act 4, William IV, No. 10. The province was divided into two districts, viz., Western Port and Portland Bay, the former of which was assigned to the care of Mr. Henry F. Gisborne, and the latter to Captain F. Fyans. The duties of each Commissioner were the exercise of a general supervision over the working of the Act, to determine disputes as to the boundaries of squatters' runs, trespasses, payment of rent, assessment, and matters of a kindred nature. The Act provided for the enrolment of a corps known as the Border Police, to assist in executing the mandates of the Commissioners. Mr. Gisborne soon resigned, left the colony, and was succeeded by the well-known and well-liked Mr. F. A. Powlett. At the end of 1840, the establishment was thus constituted:— two Commissioners, £450 each per annum, £900; two Scourgers, 2s. 6d. each per day,£91 5s.; rations, clothing, and equipments for 20 men, at £40 each, £800; cost of horses, £500; forage and farriery for horses, £1000; conveyance and incidental expenses, £300. Total, £3591.
Let it not be for a moment supposed that the "scourgers" were required to thrash offending squatters into good behaviour. Their "cats" were to tickle the backs of any offending trooper, as the force was composed of prisoners of the Crown. One scourger for ten men would appear to be sufficient; but the second whip was put on probably by way of a demonstration, and to keep the rascally crew in terrorem. Besides the floggers were obliged to make themselves generally useful, so that they were not quite sinecurists. This force was disbanded in 1847, with the exception of two troopers to each Commissioner, to facilitate the due, and sometimes undue execution of the law. In course of time the province was cut up into seven districts, and as many Commissioners appointed at a payment of £1 per day. The Commissioners were, with one exception (Major St. John), men who wielded a petty despotic authority with a fair average success, though not without frequent manifestations of discontent from dissatisfied disputants. Some grave mistakes (if nothing more) used to be made by them, a notable instance of which is disclosed in the action of Sprot v. Fyans, summarized in another chapter, where a special jury gave a verdict against the official. The many selfish short-comings of Major St. John, will be more than once referred to elsewhere.
