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Updated: May 18, 2025
It is true that in South Australia an act has very recently passed the legislative council to legalize the unsworn testimony of natives in a court of justice, but in that act there occurs a clause which completely neutralizes the boon it was intended to grant, and which is as follows, "Provided that no person, whether an Aboriginal or other, SHALL BE CONVICTED OF ANY OFFENCE by any justice or jury upon the SOLE TESTIMONY of any such uncivilized persons." 7 and 8 Victoria, section 5.
The management of the house, its good fame, its discipline, all rested on my shoulders. And to be confronted by such an abyss as this! I could do absolutely nothing. The boy had tied my tongue by the pledge. Besides, had I been unsworn, I am sure the idea of exposure would never have come to me. It was late before I retired that night.
While the public excitement continued unabated, the Lieutenant-Governor resolved upon a step which was little calculated to allay it. This step was the dissolution of the existing Parliament. He and his advisers, sworn and unsworn, believed that the time was opportune for a general election.
They had never asked themselves in what respect orthodoxy differed from schism, nor how positive religion was opposed to natural religion; it is the civil organization of the clergy which has led them to distinguish the difference between the unsworn cure and the interloper, between the right mass and the wrong mass; it is the prohibition of the mass which has led them to comprehend its importance; it is the revolutionary government which has transformed them into theologians and canonists.
"Oh, infinitely better," said Dr. Bailey. "We hope to cure him in a month or two." They then sent for Mrs. Archbold, and had a long talk with her, recommending Alfred to her especial care: and, having acted on his judgment and information in the teeth of those who called him insane, turned tail at a doctor's certificate; distrusted their eyesight at an unsworn affidavit.
We spent the afternoon in trying to learn to snore, but we were not certain about it, and in the end concluded that as snoring was not de rigueur we had better dispense with it. We were put to bed; the light was taken away; we were told to go to sleep, and promised faithfully that we would do so; the tongue indeed swore, but the mind was unsworn.
Voluminius and Scipio seconded the blow, and taking advantage of the enemy's disorder, made a terrible slaughter. Thus attacked, the cohorts, called linteatae, regardless of all restraints from either gods or men, quitted their posts in confusion, the sworn and the unsworn all fled alike, no longer dreading aught but the enemies.
"With this he spake, neither I nor himself could tell what, as if he had been born Attorney-General; and in the end bade me not meddle with the Queen's business, but with mine own; and that I was unsworn, etc. I told him, sworn or unsworn was all one to an honest man; and that I ever set my service first, and myself second; and wished to God that he would do the like.
Two years have gone by and this government has done practically nothing for this citizen. Great Britain would have released him as soon as one of her battleships could reach Havana. He has been brutally treated and condemned on unsworn testimony before military tribunals. This country and all civilization have been disgraced by the treatment meted out to this unfortunate man.
Without attempting to assign a degree of credence to the testimony of a native beyond what it deserves, I will leave it to those who are acquainted with Colonies, and the value of an oath among the generality of storekeepers and shepherds, to say how far their SWORN evidence is, in a moral point of view, more to be depended upon than the unsworn parole of the native.
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