To Swear on the Southern Cross

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Author: Jacob Hill

In my previous post, I told the story of hundreds of thousands of people from around the world rushing to the Colony of Victoria in search for Gold. The Goldrush was definitely a boon for Australia, but it was far from peaceful on the Goldfields. In fact, 19th century anxieties were heightened and brought into focus out there.

PARLIAMENT, PROTESTS AND GOLDFIELDS

The Goldrush began in July 1851 – before the Victorian Legislative Council even met for the first time. One of the first protests against this new government was held in Buninyong on 25th August 1851. The protest was against the introduction of the Gold Licence effective 1st September 1851. The protests were ignored by the colonial government, led by Lieutenant-Governor Charles la Trobe.

21st Century Jacobsweg: Buninyong, Victoria, home to one of the first protests against the Colony of Victoria. Victoria was dogged by political tensions from the very beginning.
Buninyong, Victoria, home to one of the first protests against the Colony of Victoria. Victoria was dogged by political tensions from the very beginning.

It wasn’t just that the Gold Licence was expensive and didn’t provide miners with much (since surface gold was quickly depleted, shaft mining and other sophisticated measures were employed, which was unable to be done in an 8-12 foot square plot). It was the fact that this was accompanied by restrictions and regulations that were alien to British legal and political traditions. The Gold Licences were simply the vector to express deeper political and economic concerns.

Police employed cruel tactics to enforce the hated Licences. Given many of them were also former prison guards in Van Diemen’s Land (modern-day Tasmania), they wouldn’t show much leniency, restraint or forgiveness towards miners: It did not matter if the miner left his Licence at camp, hadn’t found gold in months or simply forgot to renew the Licence. If you didn’t have it on you, you were fined.

Police were disincentivised to show mercy since they were entitled to half the fees they collected. I didn’t mention what the fee was last time for failing to produce the Licence. Here it is: five pounds, or a hundred shillings. That’s nearly two months wages – and the guy that arrested you got half of it! Naturally, some police decided to exploit this by falsely detaining, blackmailing or harassing miners.

There were also the Gold Commissioners, who could not be held accountable by the Miners. They instigated Licence hunts and could govern the Goldfields as they saw fit. They were appointed by the colonial government, essentially the doers of governmental bidding.

The number of people jailed over Gold Licences was unacceptable, especially since the Licences and their enforcement were offensive to British sensibilities. But the 200,000 miners on the Goldfields, nearly forty percent of the colony’s population, had no say in the matter. Land-holding requirements needed to be met before a vote in government was met, and the miners didn’t own the land they worked. Even if they did, it wouldn’t have been enough.

21st Century Jacobsweg: Bendigo, Victoria, a major Goldrush town where the "Red Ribbon Rebellion" took place.
Bendigo, Victoria, one of the major Goldrush towns where the “Red Ribbon Rebellion” took place.

So the only way miners could influence change was to come out in such large numbers that the government couldn’t ignore them. An excellent example was in December 1851, when the la Trobe government decided to double the Gold Licence fee to £3 a month! 15,000 miners showed up in protest in Castlemaine and the area nearly descended into anarchy. The government wisely retracted the double payment, but kept the odious Licence intact.

In June-July 1853, two years since the Goldrush began, protests broke out in Bendigo, known as the “Red Ribbon Rebellion” since miners tied red ribbon to their hats to symbolise their participation. La Trobe received a petition with 23,000 signatures on 26th July, whose demands were:

  1. Reduce the Gold Licence fee to ten shillings a month (as opposed to thirty)
  2. Give the option of monthly or quarterly licences
  3. Fifteen-day grace period for new arrivals or invalids before enforcing the Gold Licence
  4. Allow easier access to invest in agricultural pursuits
  5. Reduce the fine for failing to produce the Licence to £1 (as opposed to £5)
  6. Stop sending armed men to enforce the Licence

The miners started to pay only ten shillings for their Licences and threatened non-payment if their demands were refused. La Trobe rejected the demands and sent all available forces in the colony to Bendigo to quell the riots. Tensions boiled over and shots began to be fired.

21st Century Jacobsweg: Lake Wendouree, Ballarat, Victoria. Ballarat was the other major Goldrush town and a hotbed of unrest.
Lake Wendouree, Ballarat, Victoria. Ballarat was the other major Goldrush town and a hotbed of unrest.

La Trobe, in a sudden reversal, accepted the demands, declaring the licence system would be abolished and replaced with a less punishing registration fee. Looks like everything was going great; the demonstrations petered out.

But the Victorian Legislative Council recoiled in shock. Comprised of 1/3rd personal appointments by la Trobe and 2/3rds elected by the highly restricted land-franchise, they completely rejected la Trobe’s proposals and prevented any movement in that direction: The licence system would continue as it was. What an insult! But by then, the Red Ribbon rebellion was over.

La Trobe was replaced as Lieutenant Governor in December 1853 by Charles Hotham, effective as soon as Hotham arrived in Victoria (22nd June 1854). Hotham was a navy man and a strict believer in discipline and authority, so he doubled down on the licence enforcement practices and this was not taken well at all by miners. Little did Hotham know he was undermining his government’s authority in the process…

CROSSING THE RUBICON

21st Century Jacobsweg: James Scobie's Grave in the Ballarat Old Cemetery. The column is intentionally broken to symbolise a life cut short (he was only twenty-seven years old).
James Scobie’s Grave in the Ballarat Old Cemetery. The column is intentionally broken to symbolise a life cut short (he was only twenty-seven years old).

On the 7th October 1854, James Scobie was murdered in Ballarat.

Who was James Scobie? Nobody in particular. He was a Scottish miner who came to Victoria for Gold; he was just an average guy on the Goldfields. He was murdered after a group of people followed him and his mate from James Bentley’s Hotel and struck him in the head. James Bentley and two others were trialled but denied any involvement; they were found not guilty. This was despite the considerable evidence that they did it. It’s rumoured he was friends with the judge.

The verdict resulted in rioting and the Bentley Hotel was burnt down on the 17th October. Hotham demanded order be restored and sent military men to supplement local police officers. The ringleaders of the Bentley hotel burning were sent to prison and James Bentley and his acquitted accomplices were rearrested (James and two others were sentenced to three years; one was re-acquitted). But this actually made everything worse.

See, the presence of military policing was another slap in the face of British social mores. The military began enforcing Licences, but the miners pelted them with rocks whenever they showed up. Scuffles and arrests were escalating, leading to widespread chaos throughout Ballarat, which was supported by miners across the Goldfields. A rumour that John Egan, a drummer boy, was killed by rioters flamed tensions further (Egan wasn’t killed in Ballarat; he died in Sydney six years later).

Hotham realised that this vicious cycle of riots and crackdowns wasn’t productive and would lead to disaster. Not only did something need to be done, something needed to change. He set up a Royal Commission to investigate the grievances amongst the miners on the 19th November 1854. But the previous week, on the 11th November, the Ballarat Reform League (BRL), headed by John Humffray, adopted a charter at a mass meeting at Bakery Hill, directly opposite the Government Camp.

The BRL had existed since October 1853, but this Charter they adopted transformed amorphous dissatisfaction into concrete demands. The demands are in a similar vein to the Red Ribbon demands of the previous year. Although the document is difficult to follow at times, as if a thirteen-year-old know-it-all who got their hands on a thesaurus wrote it, a legitimate political agenda is set out, unlike Ned Kelly’s absurd Jerilderie Letter.

The political changes the BRL demanded were:

  1. A full and fair representation
  2. Manhood suffrage
  3. No property qualification of Members for the Legislative Council.
  4. Payment of Members
  5. Short duration of Parliament

The economic side is mostly tied into the political demands, like abolishing punitive licence taxes and no taxation without representation (this part was clearly inspired by the Americans). It’s also important to note that they did not want “to effect an immediate separation of this Colony from [Britain]”, but rather to have a voice in the laws being made by “responsible representatives”.

21st Century Jacobsweg: Bakery Hill, Ballarat, Victoria. The Eureka Flag flies in this spot to recognise the meetings in 1854, but this isn't the actual location where the meetings took place.
Bakery Hill, Ballarat, Victoria. The Eureka Flag flies in this spot to recognise the meetings in 1854, but this isn’t the actual location where the meetings took place.

Humffray and two others met with Hotham on the 27th November. They presented the grievances and attempted to appeal to Hotham’s sense of morality. This failed and Hotham rejected their demands. In response, ten thousand aggrieved miners met at Bakery Hill on the 29th, where the Eureka Flag, a ubiquitous Australian symbol, flew for the first time.

The next day, “The Digger Hunt”, the largest Licence sweep operation ever, was launched by the local Gold Commissioner, which only increased tensions. Another meeting at Bakery Hill spontaneously occurred, where miners burned their Licences in defiance and exchanged barbed words with the Government Camp.

This is where Irishman Peter Lalor came to prominence.

Since the meeting was unplanned, none of the leaders were amongst the thousands of resentful miners. So Lalor, who first spoke publicly only two weeks prior, stood above the crowd with a rifle and gave a militant speech, calling for volunteers to form a militia.

He also swore an oath of allegiance to something other than the British Empire:

“We swear by the Southern Cross to stand truly by each other and fight to defend our rights and liberties.”

Peter Lalor, 30th November 1854

The Southern Cross is a constellation made up of five stars. It’s said to only appear in the southern hemisphere, but at certain points in the year you can see it from places like North Africa, India and Mexico, all well above the Equator. But in Australia it’s visible all-year round, hence why it was chosen as a symbol by the rebels. It’s also featured on the Australian flag.

THE EUREKA STOCKADE

Anyway, a thousand others swore the oath and began constructing the Eureka Stockade. This was done in a terrible location defence-wise and the construction of its walls was shambolic at best. Still, it was a fortification full of rebels, with access to rough terrain and tunnels suitable for guerrilla warfare. Scouts had already been sent out to report military movements and rally reinforcements from other towns. Irish, Australians, Canadians, Americans, Italians, Russians and many other nationalities joined the rebel ranks. This was a potential diplomatic crisis – the rebellion needed to be put down now.

Some sympathisers disagreed with Lalor’s militant approach, including Humffray and Father Smyth of the nearby St. Alipius church. They tried to negotiate a peaceful resolution with government officials, but they were rejected due to suspicion of their true motives.

The Stockade was a disorganised mess. Given it was formed on impulse, they didn’t consider the logistics of supplies, meaning many people deserted when provisions ran low. But they were still gathering strength, including group of Californians joining the fight. However, most people would go home at night, leaving only a small garrison overnight. And on the night of 2nd December, one hundred and fifty people remained as a garrison.

21st Century Jacobsweg: The Eureka Stockade memorial, built in 1884. Whether or not this is the true location of the Stockade is unknown since mining changed the landscape beyond recognition. The cannons are ceremonial and were not used in the battle.
The Eureka Stockade memorial, built in 1884. Whether or not this is the true location of the Stockade is unknown since mining changed the landscape beyond recognition. The cannons were not used in the battle.

At 3.30AM on the 3rd December, two hundred and seventy-six soldiers and police led by Captain John Thomas snuck up the Stockade. This was a Sunday, the Christian day of worship. This was something the attackers were criticised for later.

According to most accounts, the rebels fired the first shot when the government forces were still hundreds of yards away. The attackers continued to advance, but the rebel defence was unusually fierce and for ten minutes they held the attackers at bay. The soldiers, imagining an easy victory against the impromptu militia, were stunned and began to doubt themselves.

Fortunately for them, the rebels were poorly supplied and their ammunition quickly ran low. The gunfire dwindled and the government forces saw their opportunity. The police stormed the Stockade with bayonet charge, where they were attacked by pikemen. Meanwhile, the military flanked the Stockade and began to dismantle the barricades.

21st Century Jacobsweg: St. Alipius church, Ballarat, where Peter Lalor was reportedly sheltered. This building was constructed in the 1870s to replace the original St. Alipius church.
St. Alipius church, Ballarat, where Peter Lalor was reportedly sheltered. This building was constructed in the 1870s to replace the original St. Alipius church.

At this point, the rebel cause was lost. Lalor received a serious wound to his left arm and was unable to command the battle. Supporters rescued him and it’s said that Father Smyth sheltered him at the St Alipius church before he was spirited away from Ballarat. His injury was so severe that his arm was amputated.

Lalor was lucky enough to escape. The rebels still in the Stockade were at the mercy of the government forces. The police arrested rebels and showed considerable restraint. The military, on the other hand, bayoneted the wounded, shot at fleeing rebels and otherwise attacked non-combatants (there are claims that women and children were present at the stockade, but this isn’t confirmed). They also destroyed and stole private property. This also stained their reputation, although 2nd in Command Captain Paisley threatened capital punishment for anyone that murdered captives.

The entire battle was over in fifteen minutes. It’s still unknown how many people were killed or wounded since the entire affair was chaotic. Anywhere from twenty-two to sixty rebels were killed (many still remain unidentified) and several were wounded. Six military were killed and a couple of casualties were reported, but it’s likely the casualties were higher since smaller injuries weren’t reported. No casualty reports exist for the police.

The Stockade was a decisive defeat, but a stunning PR victory. The actions of the government officials and the sympathy for the rebel cause, even if the methods were disagreeable, bolstered support for the miners. The original grievances began to be satisfied: The Royal Commission recommended the abolition of the Gold Licence and proposed the “Miner’s Right” instead: £1 a year to rent land (this would be adopted). Legislation for buying land was also introduced.

Lalor became an immensely popular figure in Victoria. He was seen as a man that stood up for what was right against impossible odds. Thirteen rebels tried for treason were all acquitted in February 1855, including John Joseph, an African-American pikeman who was hailed as a hero by the public. Afterwards, the government granted amnesty for all who took part in the rebellion, and Lalor returned from his exile a vindicated man.

21st Century Jacobsweg: Statue of Peter Lalor in Ballarat, Victoria. After the Eureka Stockade, he became a prominent politician and served as the 4th Speaker of the Victorian Legislative Assembly (1880-1887). Note the missing left arm.
Statue of Peter Lalor in Ballarat, Victoria. After the Eureka Stockade, he became a prominent politician and served as the 4th Speaker of the Victorian Legislative Assembly (1880-1887). Note the missing left arm.

The wins didn’t stop there. Responsible government was introduced in 1855 and miners got a voice in parliament. Lalor and Humffray were elected to that parliament and became some of its most prominent members (and Lalor even became its Speaker in 1880). Property requirements for voting was abolished soon after and suffrage was extended to all Victorian males in 1857, one of the first places in the Empire to accomplish this (South Australia accomplished this in 1856. Also, Victorian women could vote in state elections from 1908, but they could vote federally since 1902. Odd).

So what was the legacy of Eureka? Despite the drama and flair, how important was it really in the grand scheme of things?

Find out in the next post!


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