Eureka on Trial

By September gold was discovered at Buninyong, which saw its quiet pastoral districts rapidly develop into a bustling community.

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This document written by Inspector Lyttleton of Sandhurst on 16 October 1854 for the information of the Acting Chief Commissioner in Melbourne reports on the events of a meeting of local diggers. Although Lyttleton considers the meeting to be of little importance 'at present', it indicates that the Police in Melbourne were keen to be kept up-to-date on the movements and intentions of agitators on all Victorian goldfields: particularly if there was talk of armed resistance to the licence hunts, as the placards described in this report would suggest.

With the influx of migrants from all corners of the globe in response to the discovery of gold, the Victorian government, ill-prepared for the sudden tripling in population, wanted to secure revenue for the development of the newly established colony.A licensing system was introduced, requiring all prospectors to pay a monthly fee for the opportunity to mine Victoria’s rich gold reserves. The system was overseen by a Chief Commissioner of the Goldfields, who collated weekly reports from the Resident Commissioners at each of the gold mining districts, and forwarded these to the Lieutenant Governor.

The following despatch represents a part of Lieutenant Governor Hotham's narrative of the period between his initial visits to the goldfields, in August and September 1854, through to the findings of the Gold Fields Commission of Enquiry in March 1855:

TRANSCRIPT
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Duplicate

Despatch No. 112 Reporting official visit to the Gold Fields of Victoria

Toorac – near Melbourne 18th September 1854

The Right Honorable Sir George Grey Bart, K.C.B.

Sir,

Since assuming the charge of this government, I have day by day, been more impressed with the impossibility of arriving at any conjecture, on the state of the internal affairs of the colony, without undertaking a personal inspection and although the pressure of business, incident on the proximate meeting of the Legislative Council was quite sufficient to have detained me at Melbourne, nevertheless I resolved not to lose the only opportunity which might for some time occur to obtain an insight into those interests, which have brought Victoria to its present remarkable pitch of prosperity.

I proceeded in the first instance to Ballarat, where I spent three (3) days including the Sabbath. I found an orderly well conducted people, particular in their observance of the Sunday, living generally in tents, having amongst them a large proportion of women and children; schools of every denomination, and people of every nation are on the diggings, and there was an appearance of tranquillity and confidence which would reflect honor on any community.

For some time I was enabled to walk undiscovered amongst them, and thus I gathered their real feelings towards the government, and obtained an insight into some minor causes on which they desired redress.

At last, my true character became known, and thousands flocked to the hole. over which I was waiting to see the gold extracted, and then burst forth shouts of loyalty to Her Majesty, and cries of attachment to the old country, such as can hardly be imagined; the scene ending by a procession of diggers being formed, to accompany Lady Hotham and myself to our quarters – a distance of full a mile and a half.

The gold at Ballarat is obtained by deep sinking, in some cases the shaft is 180 feet deep – the digger then encounters slate in which the gold is found. The miner of Ballarat must be a man of capital, able to wait the result of five or six months toil before he wins his prize. For this reason he will always be a lover of order and good government and, provided he is kindly treated, will be found in the path of loyalty and duty.

At the Avoca 'I stopped but a short time, being anxious to see Maryborough' on which gold had been very recently discovered, and here the sight surpassed every expectation I had formed. Six weeks before, sheep were grazing on the spot, where a street of tents extending two miles and a half and occupied by twenty-five thousand souls were now erected. Every article was to be obtained, men of almost every profession were here – places of amusement were not wanting; taverns of high and low degree were constructed; we seemed to be in a hive of men, and as if to give a practical proof of the respect which Englishmen everywhere pay to law and order, in the middle of the street stood a solitary policeman, guarding a store full of spirits which had been seized, because the owner had not procured the required license.

It was a wonderful sight – men jumping up, as it were, from the bowels of the earth, and running to see the new Governor; vehicles of every description obstructing the street – water selling at one shilling and sixpence the bucket, without the aid of which, gold cannot be extracted. Such is anew digging, as men form a line of tents for mutual protection, and as the earth in the neighbourhood of their abodes becomes exhausted, they strike their tents, pitch them elsewhere, and destroy the original uniformity of appearance.

But as the diggers pursue the gold, so the authorities must follow the diggers. The Gold Commissioners must be there to decide upon the claims of ground to be apportioned for digging, and to receive and guard the gold – the Police to maintain order – the magistrate to administer the law – the commissariat to provide those serving under government with provisions. The experience gained elsewhere is of no use here, as everything is peculiar, and the field of action different – all is to be acquired.

I journeyed on to Castlemaine in the vicinity of the famous Mt Alexander, and was everywhere overwhelmed by the enthusiasm of the diggers, and deafened by shouts of loyalty. Three miles from the town, the procession met my carriage, flags with various devices were exhibited and addresses presented. I drove through all the neighbouring diggings; I was entertained in the open air by the diggers of Forest Creek, who had prepared refreshments for me; I was invited to a public breakfast where three hundred persons sat down – there seemed to be but one feeling towards the Queen's representative – such was Castlemaine.

But, extraordinary as this may seem, the manifestations at Bendigo far surpassed them. Not less than twenty-five thousand men assembled a league from the town to meet me – by force they took the horses from my carriage, yoking themselves instead, and dragged it to the town. There were triumphal arches, flags, bands of music, vehicles gaily caparisoned, and a continued roar of cheering with scarcely an interval of cessation. The fervency of the people set the police, military and authorities at nought; it had been very easy to get into the carriage, but it was a service of danger to get out. The pressure of the crowd bore everything onward, and it was with no small joy that I availed myself of a trifling check to escape.

During my stay of two days in Bendigo I lived with the people. I attended public breakfasts and dinners to which I was invited and most singular, I opened the exhibition of articles destined to be displayed at Paris! I would particularly call your attention to this latter event, because it marks the rapid advance which this colony has made, in civilization and wealth.

An agitation was set on foot to endeavour to obtain the suppression of the license fee – and as a petition to that effect was presented to me by the leaders, I thought it advisable to meet the people, and addressed them briefly on the subject; I gave them to understand that they must pay for liberty and order, and on concluding was loudly cheered.

It was at this place that the original agitation against the license fee first commenced. The gold is found near the surface – it is accessible to people of small capital who if they are fortunate make no objection to the tax, but on the other hand should they be unlucky, dislike paying the trifling sum required at their hands.

With infinite difficulty could this slight show of disaffection be produced; the mass of the diggers here, as on all other goldfields, are true hearted and loyal, and men who if well treated may be thoroughly depended upon; nor does it matter to what nation the digger belongs, Americans, Germans, and Chinese vie with each other in these manifestations, and are all interested in upholding authority and law.

I went on to McIvor which, once a flourishing gold field, has only a population of two thousand dwelling upon it, and returned through an agricultural district to Melbourne.

And now Sir, having endeavoured to inform you generally on the feelings of the digging population, I deem it my duty to state my conviction, that no amount of military force at the disposal of Her Majesty's Government, can coerce the diggers, as gold fields may be likened to a network of rabbit burrows. For miles, the holes adjoin each other; each is a fortification, and frequently there is an extensive underground communication; nowhere can four men move abreast, so that the soldier is powerless against the digger, who well armed, and sheltering himself by the earth thrown up around him, can easily pick off his opponent – by tact and management must these men be governed; amenable to reason, they are deaf to force, but discreet officers will always possess that influence which education and manners everywhere obtain.

From the best information which I can obtain, the improvement in the manners and state of feeling of the diggers, has resulted from the large increase of women; it is through their influence that this restless population must be restrained; where the soldier will fail, the interest of the wife, and child, will prevail, and I would rather see an army of ten thousand women arrive than an equal number of soldiers.

Indications of the existence of the precious metal are everywhere to be met and by general opinion the man is not born who will see the end of the gold in this colony. It is my endeavour to stimulate search for new gold fields, by offering high rewards, and the result is that traces of the miner's pick are apparent in all the gullies bearing an auriferous aspect.

But it is to machinery that we must look for the full development of the resources of our mineral wealth, in the belief that gold contained in quartz cannot be entirely extracted except through the instrumentality of the stamping engine; and on the conviction that the intelligent miner is also impressed with the same idea, and therefore prepared to accept the scheme, I have seized the occasion of my visit to the gold districts, to declare my intention of granting mining leases for the purpose of erecting machinery, and as I have met with no opposition, I may fairly assume that the idea is acceptable, and that provided the labours of the digger are not interfered with, or his field of action limited, the introduction of machinery will be looked upon as a benefit to the community.

A general opinion exists that the annual export of gold from this colony will continue the same in amount for years to come, and that as the digger obtains sufficient wealth to procure land, and settle upon it, the colony will rise to a degree of wealth and prosperity such as, in an equal period of time, the world has never before seen.

I have the honor to be Sir, Your most obedient Servant Chas. Hotham

The weekly reports from the goldfields gave the Lieutenant Governor important information regarding the estimated population of each district, and the revenue secured from licences, fines and gold deposits – but gave little information on the increasing tension that existed between miners and local officials. Click here to see a timeline of key events leading to the final conflict.

This sample gold license shows the stringent conditions to be observed by miners on the goldfields. Click here to see a transcription of this record on our wiki. All people on the goldfields were required to carry the license at all times.

That afternoon, Coroner David John Williams held an inquest into the death of James Scobie. Twelve jurors (many of whom had known the Scotsman from the Eureka Stockade) were selected to hear the evidence and depositions presented, including forensic evidence from Dr Carr. During the inquest it was observed that the Coroner was interrupting the proceedings on a fairly regular basis, and many questioned his decision to allow the hotel proprietor, James Bentley, to cross-examine the young witness Bernard Welch; Peter Lalor had also seen Bentley talking to the Coroner while the jurors were deciding on a verdict.Click here to see more of this record on our wiki.

James Bentley, in the deposition given at the inquest, stated that he had heard loud noises and knocking on his door and was told by staff that it was

‘some drunken men wanting drink about an hour or three quarters after that we were aroused and told that Dr Carr wanted to bring a person in who was supposed to be dead’ (VPRS 5527 Unit 1, Item 1).

Bentley, along with his staff Thomas Mooney, the hotel watchman; Thomas Farrell, a clerk; and William Duncan, the barman denied taking part in the murder but agreed that two men did come knocking after midnight.

Depositions were heard that contradicted those of Bentley, Mooney and Farrell, in particular that of ten-year-old Bernard Welch, who lived thirty yards from where Scobie’s body was found. Welch’s account of that evening places both Mr and Mrs Bentley at the scene, along with‘three or four other men’. Mary Ann Welch, Bernard’s mother, had also heard noises outside her tent:

‘My son the last witness and I had some conversation last night when we were disturbed during which I said I wonder if those voices are the voices of Mr or Mrs Bentley’ (VPRS 5527 Unit 1, Item 1).

After the depositions had been heard the jury found that there was not enough evidence against Bentley and as a result the matter was adjourned. However, unsatisfied both with the way the proceedings had been conducted and with the verdict, several individuals, including future stockade leader Peter Lalor, formed a committee to further investigate the proceedings of the inquest.

The pressure placed on the Ballarat authorities for a further investigation into the circumstances surrounding Scobie’s death resulted in a judicial inquiry presided over by Gold Fields Commissioner Robert Rede, Police Magistrate John Dewes and Assistant Commissioner Johnston on 12 October.


Dewes’s nefarious association with James Bentley was well known among the locals. The Police Magistrate’s financial association with Bentley had ensured that Bentley obtained the liquor licence for the Eureka hotel without the usual red tape involved. Dewes’s biased attitude was demonstrated throughout the proceedings. Any witness who appeared to display an unfavourable view of Bentley was subjected to regular cross-examinations, a fact that did not fail to attract the attention of those present in the courtroom:

The same deponents who had been present during the inquest now related their account of the chain of events of 6 October. According to Peter Martin’s deposition for the coroner’s inquest, he and Scobie had made their way to the hotel after noticing that the lights were still on:

‘Deceased went up to one of the windows and asked to get in and a blow was struck at the head of the Deceased through the window as if by a man’s hand I was knocked down… before I could distinguish who struck me… my eyes were attracted towards him [Bentley] because he was the only person I saw with a weapon in his hand’ (VPRS 5527 Unit 1, Item 1).

Martin was knocked down and then quickly ran thirty to forty yards from the scene of the attack. Upon his return he found Scobie unconscious and after examining his friend rushed towards the nearby butcher store owned by Archibald Carmichael, and he in turn went to summon Dr Carr. Upon his arrival, Carr was unable to detect any sign of life and recommended that the body be removed for a more thorough examination to Bentley’s hotel, where he was subsequently pronounced dead.

During the adjournment Police Constable John Dougherty and Constable Michael Costello observed Bentley entering Magistrate Dewes’s office where he remained for approximately ten minutes. Once the hearing had reconvened, Dewes and Rede announced that the accused were to be discharged. Assistant Commissioner Johnston, however, did not share this view, nor did the multitude of diggers who were expecting a finding of guilty.


A meeting to discuss the events was organised for all those who felt that justice had not been served. The same committee who had pushed for the hearing was now demanding that a more thorough investigation take place, one that should be heard by a jury. The date for the meeting was set for 17 October outside Bentley’s Eureka hotel.

In many ways the riot that occurred at Bentley’s hotel that afternoon acted as a catalyst in bringing the case of Scobie’s murder to trial. The formation of the Committee for the Prosecution of the Investigation into the Death of James Scobie had sent a petition to Lieutenant Governor Sir Charles Hotham in Melbourne.

New depositions were collected for the upcoming trial, including the additional depositions given by mother and son Mary Ann and Bernard Welch. Michael Welsh, a waiter at the Eureka hotel, was also able to provide a deposition incriminating not only the Bentleys but also two of their staff members, barman William Duncan and former Chief Constable Thomas Farrell, the hotel clerk. Evidence implicating a man named William Hance was also brought forward and he too was apprehended.

Depositions, such as those contained in these documents, served as a record of the initial hearing held before a local magistrate in which the charges against a person arrested were presented. The evidence of a witness was heard in front of the accused who had an opportunity to respond. As a signed statement, depositions had legal weight and formed the basis of evidence for the full trial. Click here to see more of this record on our wiki.

These documents consist of an additional deposition, and its official receipt, taken from Michael Welsh in October 1854 for the inquest investigating the murder of James Scobie.

Former Naval Officer Sir Charles Hotham was appointed Lieutenant Governor in December. His eventual arrival in June 1854 was celebrated in Melbourne and gold diggers from across the Victorian goldfields waited anxiously to see what reforms their new governor would support.Shortly after his arrival, the Lieutenant Governor and Lady Hotham visited the goldfields, where they were generally well received by the diggers, who voiced their concerns with the hope that the new governor would make beneficial changes to the licensing system.In his despatch on 18 September 1854 to Sir George Grey, the colonial secretary in the English Cabinet, Hotham played down the severity of these grievances, praising the character of the people of the goldfields, and declaring them to be devoted to order and good government.

The despatch represents a part of Lieutenant Governor Hotham's narrative of the period between his initial visits to the goldfields, in August and September 1854, through to the findings of the Gold Fields Commission of Enquiry in March 1855.
TRANSCRIPT

Click here to see more of this record on our wiki

Duplicate

Despatch No. 112 Reporting official visit to the Gold Fields of Victoria

Toorac – near Melbourne 18th September 1854

The Right Honorable Sir George Grey Bart, K.C.B.

Sir,

Since assuming the charge of this government, I have day by day, been more impressed with the impossibility of arriving at any conjecture, on the state of the internal affairs of the colony, without undertaking a personal inspection and although the pressure of business, incident on the proximate meeting of the Legislative Council was quite sufficient to have detained me at Melbourne, nevertheless I resolved not to lose the only opportunity which might for some time occur to obtain an insight into those interests, which have brought Victoria to its present remarkable pitch of prosperity.

I proceeded in the first instance to Ballarat, where I spent three (3) days including the Sabbath. I found an orderly well conducted people, particular in their observance of the Sunday, living generally in tents, having amongst them a large proportion of women and children; schools of every denomination, and people of every nation are on the diggings, and there was an appearance of tranquillity and confidence which would reflect honor on any community.

For some time I was enabled to walk undiscovered amongst them, and thus I gathered their real feelings towards the government, and obtained an insight into some minor causes on which they desired redress.

At last, my true character became known, and thousands flocked to the hole. over which I was waiting to see the gold extracted, and then burst forth shouts of loyalty to Her Majesty, and cries of attachment to the old country, such as can hardly be imagined; the scene ending by a procession of diggers being formed, to accompany Lady Hotham and myself to our quarters – a distance of full a mile and a half.

The gold at Ballarat is obtained by deep sinking, in some cases the shaft is 180 feet deep – the digger then encounters slate in which the gold is found. The miner of Ballarat must be a man of capital, able to wait the result of five or six months toil before he wins his prize. For this reason he will always be a lover of order and good government and, provided he is kindly treated, will be found in the path of loyalty and duty.

At the Avoca 'I stopped but a short time, being anxious to see Maryborough' on which gold had been very recently discovered, and here the sight surpassed every expectation I had formed. Six weeks before, sheep were grazing on the spot, where a street of tents extending two miles and a half and occupied by twenty-five thousand souls were now erected. Every article was to be obtained, men of almost every profession were here – places of amusement were not wanting; taverns of high and low degree were constructed; we seemed to be in a hive of men, and as if to give a practical proof of the respect which Englishmen everywhere pay to law and order, in the middle of the street stood a solitary policeman, guarding a store full of spirits which had been seized, because the owner had not procured the required license.

It was a wonderful sight – men jumping up, as it were, from the bowels of the earth, and running to see the new Governor; vehicles of every description obstructing the street – water selling at one shilling and sixpence the bucket, without the aid of which, gold cannot be extracted. Such is anew digging, as men form a line of tents for mutual protection, and as the earth in the neighbourhood of their abodes becomes exhausted, they strike their tents, pitch them elsewhere, and destroy the original uniformity of appearance.

But as the diggers pursue the gold, so the authorities must follow the diggers. The Gold Commissioners must be there to decide upon the claims of ground to be apportioned for digging, and to receive and guard the gold – the Police to maintain order – the magistrate to administer the law – the commissariat to provide those serving under government with provisions. The experience gained elsewhere is of no use here, as everything is peculiar, and the field of action different – all is to be acquired.

I journeyed on to Castlemaine in the vicinity of the famous Mt Alexander, and was everywhere overwhelmed by the enthusiasm of the diggers, and deafened by shouts of loyalty. Three miles from the town, the procession met my carriage, flags with various devices were exhibited and addresses presented. I drove through all the neighbouring diggings; I was entertained in the open air by the diggers of Forest Creek, who had prepared refreshments for me; I was invited to a public breakfast where three hundred persons sat down – there seemed to be but one feeling towards the Queen's representative – such was Castlemaine.

But, extraordinary as this may seem, the manifestations at Bendigo far surpassed them. Not less than twenty-five thousand men assembled a league from the town to meet me – by force they took the horses from my carriage, yoking themselves instead, and dragged it to the town. There were triumphal arches, flags, bands of music, vehicles gaily caparisoned, and a continued roar of cheering with scarcely an interval of cessation. The fervency of the people set the police, military and authorities at nought; it had been very easy to get into the carriage, but it was a service of danger to get out. The pressure of the crowd bore everything onward, and it was with no small joy that I availed myself of a trifling check to escape.

During my stay of two days in Bendigo I lived with the people. I attended public breakfasts and dinners to which I was invited and most singular, I opened the exhibition of articles destined to be displayed at Paris! I would particularly call your attention to this latter event, because it marks the rapid advance which this colony has made, in civilization and wealth.

An agitation was set on foot to endeavour to obtain the suppression of the license fee – and as a petition to that effect was presented to me by the leaders, I thought it advisable to meet the people, and addressed them briefly on the subject; I gave them to understand that they must pay for liberty and order, and on concluding was loudly cheered.

It was at this place that the original agitation against the license fee first commenced. The gold is found near the surface – it is accessible to people of small capital who if they are fortunate make no objection to the tax, but on the other hand should they be unlucky, dislike paying the trifling sum required at their hands.

With infinite difficulty could this slight show of disaffection be produced; the mass of the diggers here, as on all other goldfields, are true hearted and loyal, and men who if well treated may be thoroughly depended upon; nor does it matter to what nation the digger belongs, Americans, Germans, and Chinese vie with each other in these manifestations, and are all interested in upholding authority and law.

I went on to McIvor which, once a flourishing gold field, has only a population of two thousand dwelling upon it, and returned through an agricultural district to Melbourne.

And now Sir, having endeavoured to inform you generally on the feelings of the digging population, I deem it my duty to state my conviction, that no amount of military force at the disposal of Her Majesty's Government, can coerce the diggers, as gold fields may be likened to a network of rabbit burrows. For miles, the holes adjoin each other; each is a fortification, and frequently there is an extensive underground communication; nowhere can four men move abreast, so that the soldier is powerless against the digger, who well armed, and sheltering himself by the earth thrown up around him, can easily pick off his opponent – by tact and management must these men be governed; amenable to reason, they are deaf to force, but discreet officers will always possess that influence which education and manners everywhere obtain.

From the best information which I can obtain, the improvement in the manners and state of feeling of the diggers, has resulted from the large increase of women; it is through their influence that this restless population must be restrained; where the soldier will fail, the interest of the wife, and child, will prevail, and I would rather see an army of ten thousand women arrive than an equal number of soldiers.

Indications of the existence of the precious metal are everywhere to be met and by general opinion the man is not born who will see the end of the gold in this colony. It is my endeavour to stimulate search for new gold fields, by offering high rewards, and the result is that traces of the miner's pick are apparent in all the gullies bearing an auriferous aspect.

But it is to machinery that we must look for the full development of the resources of our mineral wealth, in the belief that gold contained in quartz cannot be entirely extracted except through the instrumentality of the stamping engine; and on the conviction that the intelligent miner is also impressed with the same idea, and therefore prepared to accept the scheme, I have seized the occasion of my visit to the gold districts, to declare my intention of granting mining leases for the purpose of erecting machinery, and as I have met with no opposition, I may fairly assume that the idea is acceptable, and that provided the labours of the digger are not interfered with, or his field of action limited, the introduction of machinery will be looked upon as a benefit to the community.

A general opinion exists that the annual export of gold from this colony will continue the same in amount for years to come, and that as the digger obtains sufficient wealth to procure land, and settle upon it, the colony will rise to a degree of wealth and prosperity such as, in an equal period of time, the world has never before seen.

I have the honor to be Sir, Your most obedient Servant Chas. Hotham

With the murder of Scottish miner, James Scobie, Charles Hotham becomes increasingly concerned with the state of the goldfields and initial signs that the miners are becoming a disgruntled community to be reckoned with.

The despatch represents a part of Lieutenant Governor Hotham's narrative of the period between his initial visits to the goldfields, in August and September 1854, through to the findings of the Gold Fields Commission of Enquiry in March 1855.
Click here to see more of this record on our wiki

TRANSCRIPT:

Duplicate

Despatch No. 148

Reporting the burning of the Eureka Hotel on the Ballaarat Gold Field

Toorac – near Melbourne 18th November 1854

The Right Honorable Sir George Grey Bart, K.C.B.

Sir,

I do myself the honor to inform you that on the night of the 6th of October last, James Scobie, was found murdered on the gold field of Ballaarat. As he had been last seen coming from the Eureka Hotel, suspicion fell upon the landlord, James Bentley, his wife, and John Farrell, all of whom had formerly been convicts in Van Diemen's Land, and they were accordingly taken up, and brought before the bench of magistrates at Ballaarat.

The Magistrates after hearing the evidence and examining witnesses, pronounced the prisoners not guilty of the charges preferred against them, and they were accordingly released.

This decision gave great dissatisfaction to the entire digging community of Ballaarat; they denounced the presiding magistrate, Mr Dewes – accused him of being connected by interest with Bentley, and broadly asserted that he had been bought over.

Infuriated with rage, a vast assemblage of diggers was soon on the ground, and notwithstanding the exertions of the magistrates, police and a small party of military, they set fire to the hotel, sacked it, and burnt it to the ground, and with infinite difficulty the prisoners obtained safety in the camp, and escaped the summary capital punishment to which it was intended to subject them.

The knowledge of strength which they now had acquired, and the indecision and oscillation of the authorities, in allowing the riot to get head, caused the diggers to hold mass meetings, use the most threatening language to the officers of the gold field, and led them to fear that an attack would be made on the government buildings, and that they in turn might be destroyed.

On obtaining official information of these proceedings, I lost no time in making such dispositions as I concluded would enable the authorities to maintain the integrity of the law; and within four days 450 military and police were on the ground, commanded by an officer in whom I had confidence, and who was instructed to enforce order and quiet, support the civil authority in the arrest of the ringleaders and to use force, whenever legally called upon to do so, without regard to the consequences which might ensue.

These dispositions and the knowledge that the military were instructed to act, checked all further movement on the part of the diggers. Four of the supposed ringleaders were arrested, and very heavy bail taken for their appearance to stand their trial.

Gradually the irritation subsided, and the diggers returned to their ordinary labour, but the law Officers of the Crown, being of opinion that sufficient evidence did exist to criminate Bentley, his wife, and Farrell, they were again arrested, and are now in prison, awaiting their trial at the approachiing assize.

The movement being now quelled, it behoved me to investigate the charges which poured in from all quarters, of general corruption on the part of the authorities of the Ballaarat gold field, and accordingly I appointed a board of enquiry composed of officers of standing and ability, and directed them to proceed to Ballaarat, and ascertain if there was any foundation for these charges.

The board report that the Stipendiary Magistrate, Mr Dewes, had obtained loans of money from various individuals resident at Ballaarat, and state 'that such acts cannot be too severely inadverted upon as tending to subvert public confidence in the integrity, and impartiallity, of the Bench'.

They also report Sergeant Major Milne of the police force as guilty of receiving bribes, but with these exceptions, they are unanimous in declaring that the conduct of the officers on the Ballaarat gold field, has been honorable, and correct.

I have directed that Mr Dewes' name be erased from the Commission of the Peace, and have requested the Attorney General to inform me whether Sergeant Major Milne can be prosecuted for receiving money illegally. In the meantime I have directed the law officers to prepare a bill, rendering any district which may be proclaimed by the Lieutenant Governor 'disturbed', liable to defray by assessment all extraordinary charges which may arise either from violence, or an increase of force.


I have the honor to be Sir, Your obedient humble Servant Chas. Hotham

Violence escalates quickly on the goldfields as Hotham fails to curb the miners' growing frustration with the licensing system and in response seeks to protect his own interests in correspondence to his superiors.


The despatch represents a part of Lieutenant Governor Hotham's narrative of the period between his initial visits to the goldfields, in August and September 1854, through to the findings of the Gold Fields Commission of Enquiry in March 1855.

TRANSCRIPT

Click here to see more of this record on our wiki

Duplicate

Despatch No. 162

Reporting a serious riot and collision at the Ballaarat Gold Field

Toorac – near Melbourne 20th December 1854

The Right Honorable Sir George Grey Bart, K.C.B.

Sir,

In my Despatch No.148, of the 18th November last, I did myself the honor to inform you that in consequence of a riot at 'Ballaarat' arising from the murder of a man called 'Scobie' I had found it necessary to collect a considerable force on the ground; also that the presumed perpetrators of the crime had been brought to trial and convicted, and that I had reason to believe that the population of that gold field had returned to their usual peaceful vocations.

It is now my painful duty to acquaint you that matters have since assumed an aspect for which I was not then prepared. No sooner was the verdict promulgated than professional agitators repaired to 'Ballaarat' [Enclosure No.1 from Geelong Advertiser]; public meetings were called at which speeches were made, vying with each other in inflammatory declamation [Enclosure No.2], and resolutions passed which were to be presented to me by the delegates. For the particulars of my conversation with the delegates on the 27th of November, I refer you to the accompanying report [Enclosure No.3], the accuracy of which may be relied on in consequence of notes having been taken by the Government shorthand writer.

You will observe that the conversation commenced by Mr Black declaring that he was empowered by the diggers to demand the release of the prisoners – and although the delegates endeavoured to explain away and soften down the word, the fact remained that they were acting under instructions, and made use of the word, because they were enjoined to do so.

Short of relinquishing my authority as Her Majesty's representative, I deemed it my duty to spare no effort to conciliate, and I would particularly draw your attention to one of my expressions – 'Well, send your petition, and let me see it; I can give no other reply' – to prove that I was prepared to make every sacrifice to avoid bloodshed. But, as the surest way to prevent a conflict is to arm in time, so I assembled a force of 430 military and police at Ballaarat, and requested the Major General to entrust the command to Captain Thomas, of the 40th Regiment, and who on previous occasions had shown that he possessed the skill and ability required for the emergency.

A detachment of the 12th Regiment, which had been forwarded in vans from Melbourne, was commanded by an officer unacquainted with the locality; he omitted to take the precaution of forming his men before entering the diggings, and the miners, seizing the opportunity, overturned one waggon, maltreated the drivers and some of the soldiers, and gained possession of a box of ammunition; the disorder and confusion being terminated by the arrival of a body of mounted police, who galloped to the rescue.

On the 29th November, a mass meeting was held [Enclosure No.1], and the people were addressed by the usual orators, a magistrate and two witnesses attending in compliance with my instructions.

The principal topics of the discussion were, the reception I had given to the delegates, and the injustice of the license fee. On the first I am led to believe that the delegates spoke with moderation and firmness, but when called upon to follow the example of the speaker and burn the licenses, a large number did as they were desired. On the whole, however, the meeting went off quietly.

On the following day, the 30th November, the Resident Commissioner directed a commissioner to take with him the usual force, and apprehend unlicensed miners [Enclosure Nos. 4, 5]. The results will be best comprehended by a perusal of Mr Rede's despatch. Suffice to say that a riot ensued, the Riot Act was read, the military called in, and shots exchanged, but without any loss of life resulting therefrom.

The aspect of affairs now became serious – the disaffected miners formed themselves into corps, elected their leaders, and commenced drilling; they possessed themselves of all the arms and ammunition which were within their reach, they established patrols, and placed parties on the high roads leading to Melbourne and Geelong, searched all carts and drays for weapons, coerced the well affected, issued orders, signed by the 'Secretary to the Commander in Chief of Diggers under Arms', [Enclosure No. 5A], despatched emissaries to the other diggings to excite the miners, and held a meeting whereat the Australian flag of independence was solemnly consecrated and vows proffered for its defence. [Enclosure No. 6 – Geelong Advertiser, 2 December 1854].

All cause for doubt as to their real intention from this moment disappeared; by the most energetic measures must order be restored, and property maintained; a riot was rapidly growing into a revolution, and the professional agitator giving place to the man of physical force.

I received the despatch on the morning of the first of December. At 6 p.m. of that day, the remaining companies of the 12th and 40th Regiments, with two field pieces and two howitzers – the latter being manned by the seamen of H.M.S. Electra and Fantome under the command of Lieutenants Barnaby and Keene – were on their march to Ballaarat and Major General Sir Robert Nickle had assumed the command in person. My instructions were repeated to the authorities at Ballaarat to act with temper, caution, and judgment, but to enforce the law. I further added my satisfaction at the conduct they had evinced under peculiarly trying circumstances.

Hearing that several foreigners had taken an active part, the consuls of the different foreign nations issued a proclamation warning their respective citizens against participating in such unlawful proceedings. In the meantime authority was at an end on the gold field, the Government Camp was placed in a state of defence, the officers confined to it, and every preparation made to repel a general attack which was threatened by the insurgents. Mr Amos, a Gold Commissioner residing three miles from the Government Camp, was made prisoner and brought before the insurgent authorities; he found that they had encompassed a large space of ground with a stockade, had sentinals mounted, and were amenable to military leaders.

On the 4th December, information reached me that a successful attack had been made upon the stockade of the insurgents, that 30 had been killed and a large number wounded, whilst the loss on the part of the military and police amounted to three privates killed, Captain Wise of the 40th Regiment – since dead – dangerously wounded, Lieutenant Paul of the 12th Regiment severely wounded – and 11 privates of the 12th and 40th Regiments wounded [Enclosure No.7].

To the despatches of Captain Thomas, the officer commanding, Captain Pasley of the Royal Engineers, and the Resident Commissioner [Enclosure Nos. 8 and 9], I would draw your attention. They relate a well concerted and able movement; they prove that the officer in command possessed the entire confidence of his men, and show that discipline and good order were at its highest point. My thanks and the thanks of all the well disposed of this community, are due to the officers and men of that small band; they crushed an extensive plot, they proved that masses are not to be dreaded where discipline and military confidence prevail, and I trust Her Majesty's Government may see fit to mark their approbation of Captain Thomas, to whom I consider this colony is deeply indebted.

In Captain Wise Her Majesty has lost a gallant and valuable officer, wounded in two places at the head of his men; as he lay on his back he cheered them on to the attack. The effect which this severe chastisement had on the gold field was evident. Sweeping before them 120 prisoners, the force marched back unmolested and the expression of those on the spot was that the people 'were stunned'. The insurgents had fired first on the Queen's troops, and a private killed before a shot was returned.

I have already stated that emissaries had been sent to the other gold fields to solicit their co-operation, and the time had arrived when the hands of the Major General must be strengthened to enable him promptly to execute such measures as the circumstances of the moment might require, and finding that my Executive Council concurred with me, I proclaimed [Enclosure No.10] that Martial Law should be administered within the district of Buninyong, comprising Ballaarat and its immediate neighbourhood, and I addressed the accompanying despatch [Enclosure No.11] to Lieutenant Governor Sir William Denison, requesting that he would allow this garrison to be temporarily reinforced by the 99th Regiment.

Further I ordered that warrants should be issued for the apprehension of all the ringleaders who took part in the meeting whereat the licenses were burnt, or were present in the stockade at the period of the attack, and subsequently I offered a reward of £500, for the apprehension of a Hanoverian named 'Vern', and £200 reward for the apprehension of two British subjects, 'Black' and 'Lawlor'.

On the receipt of a despatch dated December 5th 1854 from the Major General [Enclosure No.12], announcing that there was not the 'slightest expression of feeling during his progress through the diggings', I, – with the advice of my Executive Council, repealed Martial Law [Enclosure No.13] and therefore it had only an existence of three days.

In the meantime the aspect of political affairs in Melbourne had become unsettled. A public meeting called by the Mayor in accordance with the request of some of the most influential citizens, to support law and order, had been borne down by a turbulent section, and adverse resolutions carried. The public became alarmed and reports reached me that people from the disturbed districts were pouring into the capital, resolved to take advantage of any military force, and that another public meeting was to be held on the following day.

The safety of the cities of Melbourne and Geelong and the maintenance of the law depended upon their inhabitants, and to them I resolved to appeal. Accordingly I issued the accompanying notice [Enclosure No.14], and I am happy to say. that it was promptly and readily responded to – the Mayor of Melbourne reported 1,500 Special Constables sworn in on the first day, – similar measures were adopted at Geelong and I felt assured that, unless taken by surprize, rioting and sedition would be speedily put down.

Nevertheless I did not neglect to assemble a disciplined force; surrounding the place chosen for the meeting were 300 police and 100 warders, within an easy distance awaited 100 mounted gentlemen volunteers, and the seamen and marines of H.M.S. 'Electra' and 'Fantome' guarded the Powder Magazine and Treasury.

These precautions, and the firm front of the citizens of Melbourne and Geelong preserved the peace in both cities; seditious placards were circulated [Enclosure No.15], inflammatory speeches made, and the crowd dispersed.

On the l0th December the 99th Regiment arrived; their presence tends to give confidence to the people, but I have every reason to hope that there will not be cause to require their further services.

On the 6th December Mr Miller, a representative member of the Legislative Council, gave the notice which I have now the honor to transmit [Enclosure No.16], and on the following day the Council, headed by the Speaker, presented it in person, the Speaker informing me that it had been passed unanimously. Time did not admit of my preparing a written reply, for the Colonial Secretary had very properly taken upon himself to fix the hour without any previous consultation with me; I therefore addressed the Council in person [Enclosure No.12], a shorthand writer being present to take notes.

On the 14th instant, the Mayor and Town Council of Melbourne presented me with an address [Enclosure No.17], expressing the assurance of their sympathy for the position in which I had been placed, and their resolution to maintain the supremacy of the law. In my reply I urged upon them the necessity of following up the precautionary measures which they had so well begun, always keeping in view the peculiar circumstances of this colony which render probable the recurrence of not unsimilar scenes.

A deputation from gentlemen representing the squatting interests of this colony also waited upon me tendering their loyal and undivided co-operation in the suppression of sedition [Enclosure No.18].

And I have before me the copy of an address to which I would draw your attention, subscribed by several hundred of the respectable inhabitants of Melbourne and its neighbourhood, which is to be presented to-morrow [Enclosure No.19], the committee for carrying out this object having been composed of some of the municipal merchants and bankers.

For the support I have received, I feel most grateful; my position has been trying and difficult, but the loyalty and sound feeling of the majority of the inhabitants of Melbourne and Geelong has been satisfactorily tested, and any hopes which the evil disposed may have had on that account shattered to the winds.

To Major General Sir Robert Nickle, I feel greatly indebted; his counsel and assistance have been invaluable, and I have to acknowledge the cordial co-operation of all the authorities, civil, military and naval, and again to repeat the name of Captain Thomas of the 40th Regiment, who has twice rendered this colony essential service.

Since the earliest period of my arrival my attention has been directed to the management of the gold fields. For the purpose of obtaining accurate and reliable information, I made a tour in the mining districts, as reported in my Despatch No. 112 of the 18th September last. Although frequently called upon to address the miners, I never made a promise; I required of them patience, and for myself time, to master the complicated difficulties in which I found the colony surrounded. As soon as I understood the general position of their affairs, I appointed a commission to enquire into the administration of the laws which govern that portion of the community. I selected members of the Legislative Council and those only who I believed would be acceptable to them. I entreated them to place confidence in the Commission and await their report, instead of which they flew to arms, and brought about a catastrophe which we must all deplore.

But that which has occurred will in no way militate against the promotion of that policy which I believe necessary for Victoria; under a liberal system of government only can she thrive, and it will be my study and aim to foster and aid it.

Nevertheless the eyes of Government must not be shut against what I believe to be the fact; the agitators and promoters of sedition have further objects in view than the repeal of the license fee. The more moderate make a trade of their vocation and subsist upon the money collected from their followers and hearers; the rest hold foreign democratic opinions; they are indifferent as to the precise form of government to be obtained, provided the road to it lay through an overthrow of property and general havoc; foreigners are to be found amongst the most active, and if they abuse the hospitality and protection they obtain here, have no right to expect clemency if convicted.

Within another month, the commission now visiting the gold fields will have made their report, and by that I hope to be able to abide; but so long as a law, however obnoxious and unpopular it may be, remains in force, obedience must be rendered, or government is at an end.

Concessions made to demonstrations of physical force bring their speedy retribution; the laws which regulate the gold fields are as I found them and until they are legitimately repealed, or modified, it is my duty to maintain them.

I have the honor to be Sir, Your obedient humble Servant,

CHAS. HOTHAM

Given the rate of change on the goldfields, Hotham seems to now accept that he must take decisive action and communicates this to his superiors accordingly.



The despatch represents a part of Lieutenant Governor Hotham's narrative of the period between his initial visits to the goldfields, in August and September 1854, through to the findings of the Gold Fields Commission of Enquiry in March 1855.:

TRANSCRIPT

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Duplicate

Despatch No. 47 Enclosing the Report of the Commission appointed to enquire into the management of the Gold Fields of Victoria

Toorac – near Melbourne 2nd April 1855

The Right Honorable Sir George Grey Bart, K.C.B.

Sir,

I have the honor to transmit the Report of the Commission which I appointed to enquire into the Laws and regulations affecting the Mining population of this Colony.

With the circumstances which led to this enquiry my Despatch No. 151 of the 19th November 1854 will have made you acquainted. I there stated theat the mode of raising Revenue by means of the Licence fee, and the personal inconvenience to which the individual miner was subjected, had created a very general feeling of dissatisfaction amongst the mining community; that the want of representation for their interests in the Legislative Council was also rarely felt, and that there were other minor grievances, which it is unecessary for me to bring to your notice on the present occasion.

Reflection convinced me that a radical change must be effected in the whole system.

The more I studied the question, and the more I discussed the details with such persons as I hoped to find familiar with its bearings, the greater was the certainty which I acquired, that any attempt at Legislation by the direct interpositions of Government would be unsatisfactory and incomplete, and that only through the agency of gentlemen, willing and able to devote their whole mind to the matter, could I arrive at a correct conclusion.

Thus step by step did the advisability of delegating the functions of Government, to a Commission force itself upon me, untill finally it only remained to select gentlemen willing to undertake the duty.

To the Legislative Council I directed my attention for the composition of this Commission – I was aware that unless I obtained the services of persons alike conspicuous for their talent, as for their advocacy of what are termed popular rights, I could not hope to satisfy the mining community, or determine questions in which their interests were principally involved; and in laying before you the result of their labours, I feel every confidence that you will concur with me, in thinking that the burst which was confided to them has not been misapplied.

The grievances on which the commission first treat is the Licence fee.

As you are aware since the discovery of gold a licence fee, or royalty, has been imposed upon every person located upon the Gold Fields, engaged in Gold digging; the law which I found in force, on my arrival in the Colony empowered the Lieutenant Governor to issue licences to miners on the following terms, viz:– for one month 20 shillings, for three months £.2, for six months £.4, for twelve months £.8

It seemed but reasonable that persons possessing the privilege of encamping on Crown Lands, cutting wood, and consuming water, free of charge, and thereby holding advantages which circumstances denied/derived to the inhabitants of Towns, should contribute an additional sum to the Revenue, and in principle, the tax was fair and equitable, and such, I may say is the view taken by a large portion of the mining population at the present moment; but that which was applicable in the early days of gold digging, and is theatrically just, can no longer be maintained: at that time the diggers were comparatively few in number, and their persons being generally known to the Commissioner it was easily discovered who had, and who had not, taken out their license, the transgressor was punished, but the others were not annoyed.

Now there are reported to be 100.000 souls on the Gold Fields the Commissioner is acquainted with but few faces; Police accompany him in his search for those who desire to evade the fee, the well conducted digger is worried by constant demands for his licence, and the authorities and Police on one side, and the diggers on the other, are placed in a state of constant antagonism; to attempt to amend such a system would be futile, but I entertain a conviction that although as I said before – the principle was right, the mode of working it was entirely wrong: as such a duty the Police should never have been employed assessors been appointed to particular districts, compelled to reside in them, and paid a per centage on the collections they would have known every individual; those who had paid the fee would have declared the names of those who had not, and, provided the fee was moderate, not a minimum would have been heard. Instead of this, the Gold Fields have been the resort of young officers possessing no particular qualification for a very delicate duty; they have often angered the miner – who perhaps was as high born as themselves – by an imperious manners and tone, and the Government themselves have provoked and invited, severe criticism by the costly and unsuitable establishment which, they allowed to be maintained on the Gold Fields.

I do not wish it to be understood by the above observations, that I think lightly of the exertions made by many of the Gold Commissions, or our unmindful of the services they have rendered to the Government of this Colony. I am pleased to find that the Board of Enquiry bring forward no charge against them, but I point to the system as unsuitable to the habit of the miners.

Seeing then that a reversion to the simple plan of collecting the Licence fee, which I have described, is not practicable, and knowing that the state of the Revenue at the present moment required the contribution of the Commission that an Export duty of two shillings and sixpence per ounce, should be levied upon all gold produced in the Colony.

I am quite aware of the serious objections which exist against taxes on labour; I know the danger of giving encouragement to smuggling, but at the present moment I have no alternative open to me: I have already described to you the bankrupt state in which I found this Colony, and by the next mail I hope to be able to transmit the Estimates for the current year which I trust will shew a very considerable reduction on the expenditure of 1854. To meet the exingency of the case, the duty on spirits, tea, coffee, and cigars (18 Vict. No.9) has been augmented, and yet I fear that the estimated Revenue for this year will not meet the expenditure; hence I am in no position to attempt further financial changes.

But I deem it right to acquaint you that in my opinion an export duty cannot long be maintained, the acquittal of all the Prisoners charged with High Treason on which I propose to write a separate Despatch – shew that whenever the diggers proclaim a grievances and unite in opposing the law, an equitable decision is hardly to be expected, or in other words the common law of the land cannot be upheld, and therefore in this novel and unfortunate state of things, it behoves me to frame the legislation so as to prevent the possibility of any topic being raised, on which the body of the miners could reasonably unite and devise soe other mode of raising a corresponding revenue; for assuredly nothing can be more pernicious to society than to see justice mocked, and solemn obligations disregarded.

To establish the right of the Crown to the soil, the Commission propose that the miners should take out a registration ticket, for which he should pay £1. Per annum, and without which he should not be allowed to hold a 'claim', or retain gold, or exercise his franchise; they do not however advise a search being made for miners who do not possess it.

Adding together the sources from which a revenue is to be raised on the Gold fields, they estimate that, the duty on Gold will produce £220.000 The Miners right 40.000 The Storekeeper Licence 30.000 Other sources 60.000 Total £350.000 and recommend that the Gold should be conveyed to Melbourne and Geelong free of charge.

The Commission looks forward to the extraction of Gold from Quartz being carried out by means of Companies. The report says 'the extent of quartz veins around Sandhurst, comprehended in a space of about 13 miles by 6, haas been estimated at 60 miles in length. The mass of rocks is estimated to contain two to three ounces per ton in some instances as high as 75 ounces per ton'.

They suggest that leases should be granted, 220 yards being the maximum extent in length, and that the rent should be from £100 to £250 per annum as the maximum for a period of five years.

They further state, that a minimum of not less than 3 ounces to the ton 'and an average, stated to be as high as 7 ounces to the ton, in the locality of Ballaarat, – where the quartz is abundant – would seem to place the Colony on the threshold of untold riches.'

The Departmental changes which the Commission recommend are extensive but in my opinion wisely conceived – Instead of the costly Gold Commission which now exists, they suggest that each gold district should be under the entire control of one head, to be called the 'warden', and who is to correspond directly with the Colonial Secretary.

They are of opinion that the Police should be distributed in different parts of the various Gold Fields, instead of being concentrated in one place, and they also recommend that honorary Magistrates should be chosen from amongst the diggers to assist the stipendiary Magistrate on special occasions.

That the Civil Commissariat should be abolished, and that wherever practicable resort should be had to assessors for determining local disputes, or setting disputed claims.

Pending the arrival of the New Constitution – the Commission recommends that the Electoral districts should be altered and that an Electoral districts should be altered and that an Electoral roll be at once made out of all persons processing the franchise 'by right of sold lands' and that arrangements be made according to the law as it now stands, to admit eight additional elective, and four additional nominee, members to the Legislative Council: by this scheme the miners interests under the present Constitution, would be represented. I need hardly say that this subject had at an early period, engaged my serious attention, and as the Report says, I had offered one nominee seat to the miners; but owing to differences amongst themselves no advantage had been taken of the offer – After the termination of the present session I shall adopt measures to carry their counsel into effect.

With regard to the complaint which is advanced of want of land, I have the honor to submit letter from the Surveyor General which I called for in reply to this portion of their report.

At page 50 of their report the Commission refer with alarm, to the continued arrival of Chinese; they describe them as thieves and gamblers and consider that 'their presence in such large masses must certainly tend to demoralise Colonial Society, by the low scale of domestic comfort, by an incurable habit of gaming and other vicious tendencies, and by the examples of degrading and absurd superstition' – They also state that they return to China with their earnings having spent but little, and often leave many of their countrymen behind dependent upon public charity.

The description is in my opinion understated – I may add that they do not bring any women with them, and are highly immoral in their conduct. In number they amount to ten thousand.

It is of the greatest importance to the present and future welfare of their community, that some restrictions should be interposed to the scourge of Chinese immigration with which the colony is threatened. I quote the recommendation of the Commission 'The question of the absolute exclusion from this Colony of this, or any other branch, of the great human family is one that the Commission have no desire to entertain; nor do they think it can even be necessary to adopt such extreme proceedings. But that some steps is here necessary if not to prohibit, at least to check and diminish, this influx seemed quite evident? – and I hope you will see fit to cause a circular to be sent to the Consuls at the different parts of China, Singapore, Hong Kong or other British ports notifying that it shall be imperative upon matters of vessels conveying Chinese to this Colony, to equalize the sexes, failing in which they will on arrival here suffer a fine of Ten Pounds for each single male cabin passenger, and two pounds a head for the remaining single men. Without your interposition in this matter, our youth on the Gold Fields will be trained up in vice, profligacy, and the moral growth of the Colony blighted.'

The concluding paragraph of their report – No. 178 page 54 – merits your perusal – the Commission do me but justice in alluding to my desire to administer this Government, by, and through the representatives of the people. I commenced my administration on this principle and I have unswervingly held to it.

If there is not a mutual confidence between the Government, and the representatives, prosperity and content can not ensue.

By the aid of the Representative members this Colony has been rescued from Bankruptcy and many questions have been disposed of on which a Government might suffer shipwreck.

I have only to enumerate some of the subjects to shew the difficulties which closed on the colony during the first three months of my administration

1st. I found a revenue nearly two million sterling deficient to meet the expenditure estimated by the Government.

2. I found the Colony undergoing a severe commercial crisis.

3. I found the important questions of the waste lands of the Crown unsettled.

4. I found the Colony united in determination not to sanction the admission of men who had been convicts and resolved to proceed to any length in measures of resistance.

5. I found certainly a truce on the Gold Fields but discontent under the surface.

6. And shortly after my arrival large public meetings were held, pressing hard upon the Government to make provision for them.

By the aid of the Legislative Council rapid progress has been made in setting most of these difficulties, and I cannot be otherwise than gratified at finding the course of policy has met the approval of the members of the Commission.

Concerning generally in the views entertained by the Commission I feel bound to comment on that part of their report which leads to the 'Ballarat outbreak'.

A person unacquainted with the circumstances relating to it on reading the report for the first time, would infer that that Government over which I preside, had been aware of the state of feeling on the Gold Fields, and had taken no measure to institute an enquiry, or appease the invitation.

But if you will do me the honour to peruse my letter given on the 55th page, you will see that it is dated Nov 16th you will find that the state of the gold Fields is there freely treated upon and that I was then occupying myself in composing a Board, for the express purpose of dealing with this complicated subject.

It is true that the Commission was not finally promulgated until December 7th – a change in the Colonial Secretary took place in the interim, matters of moment were being discussed in the Legislative Council – and the members of the embodied committee being with one exception – all members of the Legislative Council – were unwilling to absent themselves from their posts in the Legislature, or direct their attention to the management of the Gold Fields.

But everyone knew that the Commission would be nominated and the merits of the reported numbers were canvassed both by the mining community and public press, and approval generally expressed

Seeing then that due publicity had been given to my intentions you may probably ask why did this outbreak occur?

There can be no doubt that the remote cause was the weakness which the Executive Government had previously shewn on the subject of the licence fee their vacillation had abstracted all feeling of confidence in the seriousness of the Government; whilst the public and private conduct of the Stipendiary Magistrate at Ballarat, and the acquittal of the supposed murders of James Scobie had produced a general irritation which the immediate dismissal of that Magistrate did not allay – the diggers had also been successful in burning the Eureka Hotel, in defiance of military and Police, and they thought themselves irresistable.

Designing orators and anarchists were enabled to play upon the feelings of the miners and work them to the pitch they had long desired and the cry of 'Abolish the Licence fee' united an amount of sympathy and gave them a command of physical force, which they could not otherwise have procured – No doubt the masses confined themselves to this one point – not so the leaders – nothing short of the overthrow of the Government would have satisfied them – and a march on Melbourne would have been the result of victory.

I have touched upon the points of most importance in the Report – it contains a vast amount of information which I could have obtained in no other way, and I willingly record my thanks to the members for the time they have devoted to the Public Service.

As far as possible I intend I intend to carry out the suggestions they have made, but I should be deluding myself were I to suppose that in the peculiar state of this Colony and the large amount of foreign element which is to be found in our population, order and tranquillity will be permanently attained by the changes in contemplation.

I have the Honor to be Sir Your most obedient Humble Servant

Chas. Hotham

On 16 October 1854 publican James Bentley, suspecting a public act of disobedience might occur, had written a letter to the Police Magistrate in Ballarat in an attempt to gain some form of assistance from the authorities: ‘as it was expected that some thousands would congregate, and that there was a feeling against the House, by persons who had heard the lying rumours that had been spread – and the great probability would be an attack by the whole mob upon me and the House, particularly if intoxication should exist to any extent. I therefore request that a strong force of protection may be present at 12 o’clock tomorrow to see that the Law is in no way violated’ (VPRS 1189/P Unit 92 Item 54/H 11.605). Click here to see more of this record on our wiki.

These documents include a letter written by James Bentley, proprietor of the Eureka hotel, dated 16 October 1854, expressing his concern about the planned meeting of the following day, 17 October. The meeting did in fact turn out as he anticipates in this letter, ending in riots and the burning of his hotel.

Also included in this item is the reply to Bentley from Police Magistrate John Dewes, answering his friend's request for assistance.

A meeting to discuss the events was organised for all those who felt that justice had not been served. The same committee who had pushed for the hearing was now demanding that a more thorough investigation take place, one that should be heard by a jury. The date for the meeting was set for 17 October outside Bentley’s Eureka hotel. 10,000 diggers showed up and due to the outcry on the Ballarat Diggings and the insinuation of police corruption, a subsequent riot and burning of the Eureka Hotel ensued.
On 22 October the government was advised that new evidence had been brought to its attention. Thomas Mooney, a witness to the murder, conceded to the authorities the circumstances surrounding Scobie’s death, and provided a detailed account of the events, implicating both the Bentleys and Thomas Farrell.

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This brief for the prosecution in the trial of James and Catherine Bentley, W. Stance, and John (or Thomas) Farrell and others, dating from October 1854, presents the depositions of witnesses in collated form. It documents the way in which the prosecution planned to conduct its case against each person charged with the murder of James Scobie.

'Depositions from Scobie Murder' – VPRS 5527/P Unit 1, Item 1, and VPRS 5527/P Unit 1, Item 2 – 'Additional Depositions' :

In the Supreme Court

of the Colony of Victoria

The Queen V James Francis Bentley Catherine Bentley William Henry Hance John Farrell

James Francis Bentley Sworn states I am the landlord of the Eureka Hotel about 2 o’clock this morning October 7th I heard a great noise & knocking at the door I enquired what it was & was told that it was some drunken men wanting drink about an hour or ¾ after that we were aroused and told that Dr. Carr wanted to bring a person in who was supposed to be dead the man was brought in & I went & reported the circumstance to the Police.

You did not leave your room when first disturbed

No not until aroused by Dr. Carr

Did you hear any noise between hearing the first disturbance to when Dr. Carr came

No

Was any one sleeping in the Bar

I believe the Barman was

Archibald Carmichael Sworn states I am a Digger & have a Butchers shop near the Eureka Hotel I was called upon between one and 2 o’clock last night by the last witness Martin he said he thought Deceased was murdered I went to where deceased was lying I looked at him and said

On 22 October the government was advised that new evidence had been brought to its attention. Thomas Mooney, a witness to the murder, conceded to the authorities the circumstances surrounding Scobie’s death, and provided a detailed account of the events, implicating both the Bentleys and Thomas Farrell:

‘I did not see Bentley strike the man but he had a spade in his hand he got the spade from near a tent … Mr Bentley said that is the right way to serve the vagabonds for breaking our windows they all went back to the House and I think they went to bed as the lights were put out’ (VPRS 5527/P Unit 1, Item 5).Click here to see more of this record on our wiki



The documents in this item were for use in the State Treason Trials, and include recognizances to give evidence, as well as the depositions, dated 8 December 1854, of several witnesses to the storming of the Eureka Stockade.

In many ways the riot that occurred at Bentley’s hotel that afternoon acted as a catalyst in bringing the case of Scobie’s murder to trial. The formation of the Committee for the Prosecution of the Investigation into the Death of James Scobie had sent a petition to Lieutenant Governor Sir Charles Hotham in Melbourne.

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These documents consist of a petition addressed to Lieutenant Governor Charles Hotham, dated 23 October 1854, complaining about the way the inquest into James Scobie's murder was handled and the fact that James Bentley was not put on trial. It lays out many of the circumstances and witness claims surrounding Scobie’s death.

Placards regarding the public assembly had been posted around the diggings and a large crowd was expected to attend. The meeting began after midday with the newly formed Committee for the Prosecution of the Investigation into the Death of the late James Scobie.

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Among other reports in these documents dating from October 1854, Resident Gold Fields Commissioner Robert Rede gives his account of the burning of the Eureka hotel on 17 October.

According to the committee meeting report by Inspector Evans, the purpose of the meeting was to ‘petition the Government for a rehearing of Bentley’s case and the speakers endeavoured to impress upon the minds of the people the necessity for preserving peace and order’ (VPRS 937/P Unit 10, 547/54). Once the meeting had closed at around 2.30 pm, thousands of people converged on the site where Scobie was murdered and proceeded to pelt the hotel with rocks and stones. By this time Bentley, having anticipated a riot, escaped the crowd using, a horse lent to him by Inspector Ximenes. Resident Gold Fields Commissioner Robert Rede was at the Eureka Camp when one of his troopers alerted him to the chaos and destruction. According to Rede’s report, he arrived at the scene within five minutes:

‘I tried to address the mob there were a great number surrounding the place on all sides, I do not think less than four thousand persons were assembled … I narrowly escaped several stones that were thrown at me … I then called in the military, I ordered them to occupy the house’ (VPRS 1189 Unit 1 Item 92 J54 12.471).

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This letter from Robert Rede to the Gold Commissioner, dated 22 October 1854, discusses the bail hearings of those involved in the burning of the Eureka hotel. Rede also discusses his interpretation of the situation in Ballarat, advocating decisive action by the authorities, in particular the arrest of 'all concerned in the outrage' in the belief that 'if the License Fee is to be continued it must be by coercion'.

As correspondence went back and forth intensive investigations had begun. Within four days of the riot diggers Andrew McIntyre and Thomas Fletcher were arrested on suspicion of having played a part in the riots but were released on bail a few days later, much to the chagrin of Commissioner Rede. A few other men were also arrested, among them Henry Westerby (also known as ‘Yorkey’) and Albert Hurd. Although arrested for his participation in the riots, Hurd, an American, was not found guilty of any wrongdoing despite depositions against him that seemed to indicate otherwise.Click here to see more of this record on our wiki

Depositions, such as those contained in these documents, served as a record of the initial hearing held before a local magistrate in which the charges against a person arrested were presented. The evidence of a witness was heard in front of the accused who had an opportunity to respond. As a signed statement, depositions had legal weight and formed the basis of evidence for the full

The documents in this item, dating from 27 October 1854, are the recognizances and depositions of witnesses giving evidence against Albert Hurd, for his involvement in the destruction of the Eureka hotel.

The documents in this item are the recognizances and depositions of witnesses against Andrew McIntyre taken on 21 October 1854, for his involvement in the destruction of the Eureka hotel.Click here to see more of this record on our wiki

McIntyre was tried on 20 November 1854 and sentenced to three months imprisonment.

By mid November the search for rioters had officially been discontinued upon the request of Lieutenant Governor Hotham. On 20 November, the day Bentley, Hance and Farrell were sentenced to three years hard labour, three new defendants, McIntyre, Fletcher and Westerby, stood before Judge Redmond Barry to answer the charge of riot and accused of pulling down a dwelling house. Richard Davies Ireland, the defence counsel who only hours earlier had represented Bentley and his employees, was now defending the diggers.

Depositions, such as those contained in these documents, served as a record of the initial hearing held before a local magistrate in which the charges against a person arrested were presented. The evidence of a witness was heard in front of the accused who had an opportunity to respond. As a signed statement, depositions had legal weight and formed the basis of evidence for the full trial.Click here to see more of this record n our wiki.

These are the recognizances and depositions of witnesses against Henry Westerby taken on 27 October 1854, for his involvement in the destruction of the Eureka hotel. Westerby was tried on 20 November 1854 and was sentenced to six months imprisonment.

In the days that followed the trial of the Eureka hotel rioters, the Legislative Council, on the orders of the Board of Enquiry, was to print a report investigating the riot and the destruction of the hotel. J.B. Humffray, a digger and Secretary of the Committee of the Diggers League, had also approached the Board with concerns regarding the rectitude of those involved in the enquiry, fearing that honest grievances lodged with the authorities by the miners would be dismissed or concealed. The publication of the report exposed Police Magistrate D’Ewes’s relationship with Bentley, in particular through claims that D’Ewes was a part owner of the Eureka hotel, and from the testimony of witnesses claiming to have seen him frequent the hotel on numerous occasions.Click here to see more of this record n our wiki.
In light of the damning evidence against D’Ewes, Governor Hotham, embarrassed by his subordinate’s behaviour, ordered that he be removed from his role as Justice of the Peace. Disgraced by the Board’s findings, D’Ewes left the colony, and many years later was to commit suicide in France. Sergeant Major Milne’s underhanded dealings involving bribery and corruption were also exposed, and although he was not prosecuted he was made to relinquish his duties as a police officer. Otherwise, the Board was generally satisfied that the conduct of officers of the Ballarat camp.

These records document the tense meeting on 27 November 1854 between Lieutenant Governor Hotham and a deputation from the diggers, led by J.B. Humffrays and George Black. The meeting was ostensibly over the three men charged with riot at the burning of the Eureka hotel. The discussion, however, became more wide-ranging, and covered the larger questions of the place of the diggers in the Victorian community and their political rights.

This document, dated 17 October 1854, is Inspector Evans’s eyewitness account of the burning of the Eureka hotel.Click here to see more of this record on our wiki.
He gives no explanation for the sudden change from what he described as a very orderly meeting into a ten-thousand-man mob hurling stones at the hotel and the police. He does, however, emphasise the 'forbearance' of the police in confronting the mob, and the possibility that, had things been handled less ably, 'much more serious mischief might have ensued, and it must have inevitably ended with serious loss of life.'

This letter, dated 22 October 1854, vividly records the impressions of Captain Charles MacMahon, Acting Chief Commisioner of Police, immediately after his arrival in Ballarat the previous day.Click here to see more of this record n our wiki.
MacMahon’s fears regarding the turn of events are evident throughout.

This series of documents ranging from 26 November to 12 December 1854, from Inspector Gordon Evans to Chief Commissioner of Police, Captain Charles MacMahon, presents the events of the week leading up to the Stockade from the police point of view.

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The documents highlight the police’s firm belief that the diggers were intending to attack the Camp and release the prisoners McIntyre, Fletcher and Westerby by force.
In sequence, these documents give a good account of the unrest that existed in the days before the Stockade.
The documents illustrate the importance played by detectives and other informants in providing the government with news of the diggers’ intentions, even if these proved to be misguided.
There is also the rather extraordinary account of a sighting of Frederick Vern dressed as a woman and fleeing for the hills of Bunninyong!

This is an account from Resident Gold Fields Commissioner Robert Rede, dated 30 November 1854, of the riot in the Gravel Pits, and his intention to be firm with future disturbances.Click here to see more of this record n our wiki
He advocates the introduction of martial law to aid in the re-establishment of government authority.

This report from the Geelong Advertiser, dated 20 December 1854, decries the lack of 'common sense' in the government's actions during the week leading up to the Eureka Stockade.

TRANSCRIPT

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BALLARAT

(From our Correspondent) ‘Tis only ten hours since I closed my regular correspondence, but the events which have since transpired are so extraordinary as to demand an express, which I hope will arrive in time for tomorrow’s issue. About 11 to day, a body, horse and foot, left the Camp, under the command of Mr Commissioner Johnstone. When they neared the Eagle Saloon, on the New Road, the people began to “Joe” them; the party so calling were surrounded and asked for their licenses. Some had them, some had not. Those who had none, bolted off and ran among the Gravel Pit holes. This fact was soon communicated to the Camp. Mr Commissioner Rede and more force soon arrived. This gentleman got among the crowd and remonstrated with them; he said that unless they separated , he would read the Riot Act, which he soon after attempted to do, but did not read through. By this time the whole force of the Camp was out on the Flat, or on the slope leading to the township; some four or five prisoners were taken and marched off, whether for resistance or want of licenses, I know not. One man who was in charge, attempted to escape; he ran among the tents on the Flat, and both police and military were ordered by an Inspector of Police to fire on him, which they did. This happened among tents where women and children were congregated in large numbers. I do not hear any deaths on either side, though some wounded. About twelve o’clock the force was withdrawn, and as I write all again is quiet. From where I am writing I see the soldiers under arms outside the camp. The police are all under arms in the camp, and the Mess Room Verandah is breastworked with bags filled with earth and sand. Work is knocked off, and the whole population is talking over the events of the morning.

The Resident Commissioner rode up to Mr Humffray, the Secretary of the League, and some others, and said, “See now the consequences of your agitation.” To which it was replied, “No, but the consequences of your impolitic coercion.” I wish that our local authorities had but a little common sense. Was it right, was it politic to go on a licence hunting raid in such terms and under such exciting circumstances? Mr. Humffray personally warned the Lieutenant Governor in town, and I have called his attention to the necessity of being prepared to act with judgement under the circumstances. The Express waits-I must conclude by saying that rain has come on after the morning’s hot winds. Dec. 1st Event follows event here so quickly that unless each is narrated immediately on its occurences, it appears as if months old. However, I mean to run the risk of being charged with retailing old news rather than leave you uninformed of the main facts, of which not being present, till now I was unable to get a correct version. Well then, our present state began, from one man on Eureka asking the favour of a word from an officer in command of the body of military, which came in from Melbourne on the evening of the 28th by Eureka to whom the officer replied “I hold no communication with rebels.” Soon after this a man with a blunderbuss happened to pass along the road, on which the military were marching, and from some cause, which I am unable to learn, had his weapon taken from him immediately after, some ten men of “the Bakery Hill mob”, set on the detachment, took from 20 to 30 stand of arms from the soldiers, hunted them, and then seized on the carts which were conveying the store of ammunition, ran them down a hill into some old ground and coolly searched them to see if there were any cannons stowed away in them, as had been reported; they found none but came on no inconsiderable quantity of cartridges which are now in their possession. It was in this onset that Capt. Young received his hurts, of which he is still in a very precarious state.

Information of the affair having been sent to the Camp, a body of mounted troopers were sent to the rescue to form a rear guard; these men covered the march of the military, every now and then whirling round and checking the diggers who hung in the rear. This operation had been gone through several times until when the bridge on the Flat was reached a determined stand was made, and on a volley of stones being thrown here as had been done several times before, a charge was made among the crowd. The swords were freely used which so provoked the men assembled who chanced to be armed that they fired on them; I believe the troopers fired in return, but ultimately made for the Camp. This is as far as I can make out from parties present what happened about 10 o’clock on the night of 28th. Next day the meeting was held on the Bakery Hill as I have informed you, to which I may add that three cheers were given for Mr. Fawkner the tried friend of the diggers, and the same and a vote of thanks to Mr. Ireland and Stavely for their handsome conduct in the matter of fees in the defence cause. Yesterday all was quiet up to 11 o’clock and would have been so yet had not the attempt been made to look for licenses; some of those who were first asked, instead of licenses I believe showed their cards of membership of the Reform League, and when about to be taken into custody escaped among the Gravel Pit workings; more force was sent for and arrived, they drew up on the New Road, when Messrs. Read and Johstone, advanced in front of them to a crowd, the former Gentlemen tried to persuade those assembled and still gathering to disperse, failing to do this he said he must read the Riot Act, and use force; several parties remonstrated with him, on the impolitic of the course he was following. Mr Rede replied that he was merely carrying out the law as it presently stood, and that he was determined to do so at all hazards. He then began to read the Riot Act, at which time I was standing near him, as a large body of troops and foot police were at some distance behind me, I considered it my safer course to shift my quarters, which I did, but soon found that the Riot Act had been got through at such a telegraphic speed, that notwithstanding a thrice repeated “God save the diggers, I was well nigh caught in the rush of troopers, consequent on the order “draw swords and advance”. Although I am not very intimate with the Riot Act, still, I think that it is so long that there was an impossibility in the way of its being read in the time occupied by Mr. Rede. I am borne out in the supposition by the information of several parties who assert that but a portion of it was read. If so I believe the consequent proceedings were illegal. Immediately after the first charge, matters became so general and complicated that I can furnish but a poor narrative; there was rushing here, then back again, officers and orderlies galloped wildly along the new road, swords rattled, shots were fired, and single prisoners were taken, and marched to the camp. Some I hear are charged with having no licenses, other with attempted rescue, and a few with firing on the military and police. Monday’s Police Court will, I expect put me in possession of the real state of the facts. It was currently reported that one digger had been killed, but I cannot vouch for the truth of it. Several of the diggers I know were seriously wounded, and I saw blood marks on a few of the Police. About half-past 12, the whole force was marched up to the Camp again. They were all under arms when the Express left, and there is still a large force employed in guarding every avenue to the Camp and patrolling every direction. At 3 o’clock an impromptu meeting was held on Bakery Hill, when volunteers were called for, and instantly stepped forward to the amount of 500 men or so: many, though not all of these men, were armed. They assembled round the Australian flag, which has now a permanent flag staff, chose their leaders and drafted off detachments for different duties. Before separating, the volunteers were impressed with the necessity of strictly respecting property in the event of any disturbance, at the peril of instant death. They all knelt down around the flag, swore to defend each other, and prayed Heaven to prosper them.

Among the other arrangements was the setting off of fifty men to visit the tents and stores and procure arms and ammunition. This they were doing all the evening, and I hear they have been very successful. During the meeting, Dr. Carr had the impudence to come among the ranks of the volunteers and cooly inspect the men standing there. From some evidence given in Bentley’s case he is highly unpopular, and had it not been for great exertions on the part of the better disposed of those present, violence would have been the result, but as it was he got off in safety. One thing is very much remarkable- the almost, if not actual absence of drunken men- once or twice a cheer broke forth but in general a settled determination appeared to have fallen on them-they felt the solemnity of the occasion. I am informed that the owners of houses facing the back part of the Camp on Lydiard street have had orders to fire their premises if an attack is made on the camp by the diggers, lest they should be used as covers from which the diggers might annoy them while engaged in defending the point. Barricades of all kinds are being thrown up inside and around the camp, on which it is considered that an attack is shortly to be made. No cannon, I believe, has as yet arrived, though I hear that Captain MacMahon is to be in before 10 o’clock to-day, with eighty troopers and half a dozen pieces. A deputation from here went to Creswick today; and whether from a suspicion that assistance would be wanted there, or positive information received, it was deemed necessary to send a body of troopers there late yesterday afternoon. The bells at the various houses of worship are to be rung to collect the volunteers that the day’s arrangements may be made. Neither yesterday nor today have I been able to attend the land sales, but it is no great matter, as I hear that the sale has been put off, owning to the paucity of bidders. We had heavy rain from 8 to 11 o’clock, during the night, accompanied with thunder and lightening. The weather appears just now to be as unsettled as men’s minds. Owing to circumstances neither Mr Tarelton nor Mr Commissioner Rede were present at Mrs. Hanmer’s benefit tonight, though the performance was under their patronage. The piece chosen was “Money” which was gone through in a highly creditable manner. Several amateurs presented themselves before the audience, and they, as well as regular company, acted well. “A. Evelyn”, by an amateur, deserves great praise. The gentleman who undertook this character, with a little more practice, and allowing a trifle more energy to manifest itself, would make a splendid actor. “Smooth”, another amateur, was also well gone through. Mrs. Hammer, as Lady Franklyn, Miss Julia Hammer as Clara, and Miss Stevens as Georgiana, sustained their well merited reputation. During the evening T. Kline, Esq, presented Mrs. Hammer with a handsome gold watch and chain, as a mark of respect for her private worth and public character, Mr Kline informed those present that a balance given from a benefit given by Mrs. Hammer to aid in the liberation of Mr. Frank Carey, and which Mr. Carey refused to receive after his liberation, had been devoted to this purpose. Business of all kinds is very dull, owing to the excitement we are under, and unless some immediate and wise steps are taken, no improvement can be hoped for. The diggers hold that they are right at present – the Camp does the same- the public can judge from the facts before them. The opinions of most disinterested persons here is, as the authorities assert that they were but carrying out the law; but it is asserted that the hunting for licenses as matters stood, was alike unwise and indicative of a wish on the part of the authorities here to hurry on a collision. The new Commission of Investigation is, I think in a fix. If some of the members attend to their duties in the Council, which they should do during the passing of the Estimates, our interest, although most pressing, must be laid aside for a time, while every hour proves how instantly this Commission should set to work. And if we are now attended to can the interests of the colony justly want the services of Messrs. Fawkner and O’Shanassy? Turn which way you will, there are serious questions for consideration, and not one of which can be deferred with safety to the colony.

5am About 300 horse and foot-military and police-have just returned from Bakery Hill, where they went to disperse some men who had been seen to assemble there about half-an-hour before. They took no prisoners, because when they arrived there was none to lay hold of. The parties in question on the hill were some 100 of the Volunteers, who had been on night service, as out-posts, &c. There is no denying the plain fact, that organization is going on rapidly; even now the troops here are doubly outnumbered, and in a few days, unless Sir Charles interferes by sending up some men of peace immediately, now matter how brave all the force in the Colony, if concentrated here, would find work enough to do. Still, what I consider the plain truth-I say it neither as threat or bounce-many fear that harm will be done today. I can only say that things look as bad as they almost possibly can. Is there no peacemaker? The party on night service have two men prisoners: they were endeavouring to pass themselves off as diggers, but some one recognized them as being attached to the Camp. They have been in confinement.

This newspaper article was clipped from the 2 December 1854 edition of the Geelong Advertiser.Click here to see more of this record on our wiki.
The various duplicate despatches have at some point been bound into volumes. The page numbering is taken from the volume.

Addressed to the Chief Commissioner of the Gold Fields, this letter, dated 30 November 1854, gives Resident Gold Fields Commissioner Robert Rede’s account of the attack on the 12th Regiment which occurred as they were passing through the Eureka flats to reinforce the Government Camp. Click here to see more of this record n our wiki.
Rede also enquires into the exact legal position of the Crown in dealing with sedition, lest he 'overstep the exact line'.

Resident Gold Fields Commissioner Robert Rede describes the dispersal of a diggers’ meeting on Saturday 2 December 1854, and the ongoing efforts of the diggers to gain arms.Click here to see more of this record n our wiki.
Rede's reference to a cypher message is part of a chain of correspondence in code that was discussed in the 1855 Commission of Inquiry into the conduct of the Gold Commission. A witness to the Commission stated that this correspondence was not included in the official files at the time. It is not known if this correspondence survives.

Father Patrick Smyth found himself in an invidious position, balancing his concern for civic duty with the care of his rebellious flock. Even so, this letter written by Resident Gold Fields Commissioner Robert Rede, dated 27 November 1854, after a discussion with Smyth, seems to curiously and unhelpfully exaggerate the military threat posed by the Ballarat mining community.Click here to see more of this record n our wiki.

Rede does, however, accurately forecasts the events that played themselves out later that week.

Captain Charles Pasley, new to Ballarat, analyses the military and political situation at Ballarat on 29 November 1854.Click here to see more of this record n our wiki.
Pasley describes the movement of troops and the meetings of diggers from afar; he argues that 'some steps should be taken to bring the matter to a crisis' and recommends a course of brinkmanship by sending out licence hunters backed by a display of military force.

This report from Captain Charles Pasley to the Colonial Secretary describes the disturbances of 30 November 1854, in particular the confrontations between the military and the diggers.Click here to see more of this record on our wiki.
Pasley also relates the rumour of an imminent attack on the Camp, and emphasises a military solution to the crisis, stating his belief that 'sedition must be put down by force'.

A polite reply to Father Patrick Symth's letter of the previous day, dated 1 December 1854, demonstrates Lieutenant Governor Charles Hotham's reluctance to deviate from the law under any circumstances, and also his concern that authority be respected. Click here to see more of this record n our wiki

In reply to Resident Gold Fields Commissioner Robert Rede's report regarding the tense situation on the goldfields, J. Moore conveys to Rede that it will be his difficult duty to administer the laws with 'temper, moderation and firmness', although the promise of military reinforcement gives some hope of assistance in this regard. Click here to see more of this record n our wiki

Father Patrick Smyth to Lieutenant Governor Charles Hotham, dated 30 November 1854, petitioning for a temporary suspension of the licence in view of the 'present emergency'.Click here to see more of this record on our wiki
The official response, while polite, is firm on the maintenance of the law, an attitude characteristic of Hotham.

The depositions of witnesses contained in this item are against Benjamin Ewins, for his involvement in the violence of 30 November 1854. He was eventually tried on 19 January 1855 and acquitted. The recognizance of bail reproduced here, like the recognizance to give evidence, is a signed undertaking to make oneself available to the court.Click here to see more of this record on our wiki

Following the recognizance are the depositions aginst Ewins taken in his presence and that of the local police magistrate Charles Hackett. The whole was wrapped in the cover sheet which is the last image in this sequence, and forwarded to the Melbourne court for the trial.

The depositions in this item are from witnesses against George Goddart, which state that he 'did with other riotously and tumultuously assemble' on the 30 November 1854. Click here to see more of this record n our wiki

The depositions in this item are from witnesses against William Bryan, stating that he 'did with other riotously and tumultuously assemble' on the 30 November 1854. Click here to see more of this record n our wiki

The depositions in this item were taken regarding the charge against John Chapman for breach of the peace in the riot of 30 November 1854. Click here to see more of this record n our wiki

A copy of this inflammatory poster, produced by Seekamp's press, was seized by police and used as evidence in Seekamp's trial. The last phrase, 'Bring you licenses, they may be wanted' was viewed as especially suspicious. Click here to see more of this record n our wiki

Anticipating the likelihood of a battle, approximately three to four hundred unarmed diggers had made their way from Creswick, and in support, they joined the ranks of diggers already at the stockade. Father Smyth, alarmed at the determination of the diggers to seek justice, expressed concern and appealed to them to attend mass the following day. His invitation was met with a less than receptive response. Far from expecting a fight, the attitude in the stockade that Saturday evening was relaxed. A number of diggers had left their posts to return to their tents; many of them had been drinking, while others had simply gone to bed. Overall, approximately 120 men were left within the stockade to act as sentry for that evening. Lalor had retired for the night without placing anyone else in charge.Click here to see more of this record on our wiki

A few kilometres away in the Government Camp the mood was quite different. Busily preparing for their attack on the ‘insurgents‘, the authorities had issued a public notice stating that no lights were to be allowed after 8 pm and should anyone fire any weapons, they would be fired at directly by the police. Commissioner Rede had already notified the relevant bodies in Melbourne regarding the impending attack on the stockaders, maintaining that in order to successfully crush the diggers they should be contained within the stockade.

That evening, paranoid that spies had infiltrated the Camp, both Commissioner Rede and Captain Charles Pasley secretly discussed their strategy for the upcoming assault on the stockade. By now, their men were armed and a route to the stockade had been devised with the aid of Commissioner Amos. By 3.30 am, soldiers and police officers had taken their positions as planned, only 300 yards from the stockade. Captain Thomas had instructed his troops to spare any person who did not show signs of resistance; the troops outnumbered the stockaders two to one.


This rushed report from Resident Gold Fields Commissioner Robert Rede, dated 2 December 1854, describes the activities of the preceding days and his plans for the immediate future.

As tensions heightened and conflict semed all but inevitable politicians and the military sought to gain control by imposing martial law and documenting their version of events.Click here to see more of this record on our wiki

Two copies of this extract from the printed Votes and Proceedings are included in the duplicate despatches. One has large sections relating to the declaration of martial law crossed out. It appears that this was an error, amended by an additional clean copy.
The Votes and Proceedings of the Legislative Council were printed by the Government Printer along with the Government Gazette and other records of their activities.

At 4.45 am on Sunday 3 December, the sentry posted to guard the stockade fired a warning shot to alert the other diggers of the attack. The diggers, who were all still asleep, were largely caught unprepared for battle with the government forces. The stockade had been successfully surrounded, with Captain Wise’s contingent of the 40th regiment covering the northern side of the stockade, a smaller group in position to the west and a larger group moving in from the east.Click here to see more of this record on our wiki

Lalor, who was first on the scene, made a desperate attempt to assemble his men into some semblance of order. Standing upon a stump, he ordered his men to hold fire until the troopers advanced closer towards them. While in this vulnerable position, a couple of bullets struck Lalor in the shoulder. Advising his men to flee, Lalor hid among a pile of slabs. He later had his wounded arm ampuated.

Carboni awoke in his tent outside the stockade hearing the gun shots, and consequently did not participate in the actual fighting. Frederick Vern fled the scene, while James McGill, responsible for organising tactics, had been sent on an errand and was not present.

Realising the futility of the situation, many diggers tried to escape the scene of carnage. The Canadian, Captain Ross, had received a fatal gunshot wound as he stood at the foot of the flagpole where the symbolic Southern Cross flag flew. Minutes later, Constable John King made his way to the flagpole and tore down the stockaders’ symbol of unity and freedom.

Although the duration of the battle was recorded as being twenty minutes, the confusion and chaos that accompanied the carnage lasted until 7 am on the Sunday morning. The authorities, on the advice of Commissioner Rede and Captain Thomas, began the process of rounding up and arresting all those present.

By then, news of the battle had reached Melbourne and Lieutenant Governor Hotham instructed that proclamations be printed and distributed throughout the city. Meanwhile, various reports were written by Captain Thomas, Commissioner Rede, Charles Pasley and Police Magistrate Charles Hackett, in relation to the events that had occurred that day.

This report, dated 3 December 1854, sets out in detail the course of attack on the Stockade, from the point of view of a participant on the government side.

This report from Captain Charles Pasley, dated 4 December 1854, is concerned to justify the government's decision to attack the Eureka Stockade and the subsequent slaughter. Click here to see more of this record on our wiki. Pasley emphasises the state of rebellion in the Stockade, and asserts that the stockaders had fired first.

This is Resident Gold Fields Commissioner Robert Rede's concise report, dated 3 December 1854, detailing the attack on the Stockade.Click here to see more of this record on our wiki.
The report emphasises the losses incurred by the military and the 'large number of killed, on the side of the rioters'.

The two attached letters in this item, dated 18 and 14 December 1854 respectively, eulogise the 'admirable steadiness' of the foot police in the attack on the Eureka Stockade, and note the capture of the Southern Cross flag.Click here to see more of this record on our wiki.

Constructed on the afternoon of Saturday 2 December, the Eureka Stockade was a breastwork of wooden slabs reinforced with carts about four feet high. It hemmed in about an acre of land a short distance from the charred remains of Bentley’s Eureka hotel. - See more at:

The letters in this item, dating from 4 to 6 December 1854, demonstrate the zeal of Geelong in its support for the efforts of the government, and its readiness to send reinforcements of police to Ballarat should the need arise. While digitised copiues of these letters are not yet available Click here to see a transcription of the record on our wiki

Four of the documents Hotham included as enclosures to his lengthy despatch no. 162, are reports to England on the stockade and its immediate aftermath, expressing support for the Governor’s policy and measures. These are balanced by a variety of communications from people on the goldfields, and interestingly, in Melbourne, condemning the attack.Particular anxiety was expressed about whether the uprising was caused by ‘foreigners’. Click here to see a transcription of this record on our wiki It is never specified how or why these foreigners would act to stir up unrest, but it is practically a tenet of belief that they are up to no good. Even Lieutenant Governor Hotham, in his response to J.W. Lindsay’s letter, is happy to subscribe to this idea. Deflecting blame is always a useful strategy when under pressure, which may explain why Hotham made great effort to point out the number of Irish and other ‘foreign’ nationals in his despatches.Of course, balanced against these accusations is the simple fact that the goldfields attracted workers from a wide range of countries. The Victorian authorities seemed to have had little trouble with the idea of foreigners digging up minerals from Crown land, as long as they obeyed the laws of the colony and agreed to pay its taxes. The US Consul’s correspondence with Hotham on the subject of American nationals involved with the stockade is among the records listed below. The Belgian Consul also wrote to Hotham in early December offering support.This laissez-faire approach to the licensing system was eventually discontinued. Hotham’s despatch no. 47 of 1855 discusses the findings of the Commssion into the administration of the goldfields, and the recommendation it made to replace the mining licence with an export tax. Following a discusson of the likely revenue impact of these rearrangements, Hotham introduced a tax of up to ten pounds on single Chinese men arriving in the colony, ostensibly to discourage Chinese men arriving without family.




This call to arms from Lieutenant Governor Charles Hotham asks those supportive of the maintenance of law and order to enrol with the government, and emphasises the danger of anarchy which recent events had brought to the colony.

This resolution of the Legislative Council offers strong moral support to Lieutenant Governor Charles Hotham's efforts to maintain government authority. Click here to see more of this record on our wiki

The following documents highlight some of the other tensions that existed within the new Colony of Victoria in the time leading up to and including the Eureka Stockade. Click here to see more of this record on our wiki Four of the documents Hotham included as enclosures to his lengthy despatch no. 162, are reports to England on the stockade and its immediate aftermath, expressing support for the Governor’s policy and measures. These are balanced by a variety of communications from people on the goldfields, and interestingly, in Melbourne, condemning the attack.


This letter from Mayor I.T. Smith offers Lieutenant Governor Charles Hotham the support of the Melbourne community's representatives, and shows their understanding of the difficult position into which Hotham had been placed.

This letter offers Lieutenant Governor Charles Hotham the support of many of Melbourne's tradesmen, who demonstrate their loyalty to the Crown. Click here to see more of this record on our wiki

This resolution from Bendigo dated January 1855, documents the diggers' disillusionment with the government's behaviour over the whole matter of Eureka, and specifically with the decision to try men for treason. It strongly recommends a general amnesty of those involved. Click here to see more of this record on our wiki

The following record comprises the US Consul’s correspondence with Hotham on the subject of American nationals involved with the stockade. The Belgian Consul also wrote to Hotham in early December offering support. Click here to see more of this record on our wiki

In this report dated 28 November 1854, Resident Gold Fields Commissioner Robert Rede praises the American consul for his speech to his countrymen, while at the same time betraying his own paranoia over their involvement in the recent unrest and their plans for the future.

This exchange of letters dating from early December 1854 discuss the possibility of whether Americans were involved at the Stockade. Click here to see more of this record on our wiki

James Stewart’s letter to Lieutenant Governor Charles Hotham, dated 5 December 1854, discusses the resolutions that were to be raised at the public meeting of the following day (6 December), describing them as 'of a much more temperate character' than those originally put forward. These resulted from a meeting between the two men. The letter also discusses the appointment of a commission that would mediate between the diggers and the government to restore order to the goldfields. Click here to see more of this record on our wiki

This emotive letter from William Robinson to Lieutenant Governor Charles Hotham, dated 5 December 1854, expresses great disappointment over the events at the Stockade, and lays the blame for these events on misgovernment by officials. Click here to see more of this record on our wiki

In this pledge of support dated 7 December 1854, the 'squatting community' demonstrates its loyalty to the Crown, and its approval of and support for the government’s actions at Eureka. The squatters also pledge their future support for any measure the Lieutenant Governor Charles Hotham decided would further 'the maintenance of law and the preservation of the community from social disorganisation'. Hotham included a copy of this document as enclosure no. 17 in his despatch no. 162 of 1854 to Sir George Grey, the Home Secretary in England. Click here to see more of this record on our wiki

This document, dated 8 December 1854, recording a public meeting held in the 'vacant piece of ground adjoining St Paul's Church' does not directly support the diggers, but it does show a great deal of discomfort with the government’s resort to military force in Ballarat. Click here to see more of this record on our wiki

Particular anxiety was expressed about whether the uprising was caused by ‘foreigners’. It is never specified how or why these foreigners would act to stir up unrest, but it is practically a tenet of belief that they are up to no good. Even Lieutenant Governor Hotham, in his response to J.W. Lindsay’s letter, is happy to subscribe to this idea. Deflecting blame is always a useful strategy when under pressure, which may explain why Hotham made great effort to point out the number of Irish and other ‘foreign’ nationals in his despatches. Click here to see more of this record on our wiki

This letter from J.W. Lindsay, dated 8 December 1854, which purports not to offer the Lieutenant Governor advice, is filled with insinuations and complaints about the corruption of government officials and the treasonable intentions of editors and journalists, who are 'not men of learning or men of mind'. The author also sees conspiracies of republicans, ribbon-men and Jesuits in every shadow, and laments the inability of the military or the regular police to detect them. The letter also, and none too subtly, suggests the type of man to make a good Colonial Secretary.

This letter to Lieutenant Governor Charles Hotham, dated 4 December 1854, and signed only 'A Young Englishman', emphasises the role of Englishmen in the disturbances at Ballarat, contrary to reports that it was the work of foreigners. The letter writer also stresses that it was official misgovernment that provoked anger at Eureka, particularly with regard to the handling of the Scobie murder. In very florid terms, the writer demonstrates the diggers’ love of liberty, and how the authorities at Ballarat had trampled on it. Click here to see more of this record on our wiki

For those men who were not slaughtered at Eureka, the alternatives were to be arrested or to hide. It is not known how many prisoners managed to evade arrest, but many of the ringleaders avoided capture. The Commander-in-Chief Peter Lalor hid, heavily wounded, underneath slabs within the stockade. He was later rescued and after a few weeks of recovery, escaped from Ballarat to Geelong, hidden in a dray. Click here to see more of this record on our wiki.

The Colonial Secretary’s Office offered a £200 reward for the capture of Lalor and George Black in the days and weeks after the attack, but to no avail. Frederick Vern commanded a £500 reward in spite of his reportedly rapid flight from the battle scene, presumably due to his distinctive appearance and significant role in the days preceding the attack.

The hundred or so prisoners who were arrested were marched to the Government Camp and held in the confined space of the lock-up. They were then moved to the storehouse of the Camp at 2 am on the Monday morning, 4 December, due to overcrowding.

Evidence against the prisoners arrested in and around the stockade was heard before E.P.S Sturt on 7, 8 and 9 December in Ballarat. The depositions taken, mainly from troopers and police involved in the attack and from some eyewitnesses, attempted to identify each prisoner’s level of involvement as they were brought into custody. The process involved taking sworn and signed statements (depositions) from witnesses who testified to the circumstances surrounding the charges. The testimony was made in front of the accused, who were then given a chance to respond to the charges.

The witnesses were bound by a ‘Recognizance to Give Evidence’ or a signed undertaking that they would appear at the trial to repeat and answer to their testimony. These signed statements and other documents were then forwarded to the prosecutors in the jury trial, forming the raw material for the prosecutor’s brief.

Depositions, such as those contained in these documents, served as a record of the initial hearing held before a local magistrate in which the charges against a person arrested were presented. The evidence of a witness was heard in front of the accused who had an opportunity to respond. As a signed statement, depositions had legal weight and formed the basis of evidence for the full trial.
The documents in this item were for use in the State Treason Trials, and include recognizances to give evidence, as well as the depositions, dated 8 December 1854, of several witnesses to the storming of the Eureka Stockade.

The nature of the mass arrests at the stockade led to a process in which numerous witnesses deposed against small groups of prisoners under charge. The respective groupings are reflected in the organisation of the recognizances and depositions in the files. The groupings are summarised below:Click here to see more of this record on our wiki.

Witnesses deposing against James Beattie, John Joseph, Raffaello Carboni and John Fenwick (or Jan Vennick) were:
Henry Goodenough Daniel Haggarty
Thomas Atkins Andrew Peters
Patrick Riley John Badcock
William Revell John Donnelly
Samuel Slackwell Furnell Thomas Milne
John King Patrick O’Keefe
James Gorr George Fraser
Patrick Lynott

In the case of Thomas Dignum, later dropped by the Attorney-General, William Revell deposed as a witness on 9 December.
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Charles Brown, Thomas Barry, Michael Tuohy, Henry Read and James Campbell were also charged together on 8 December, and depositions were taken from the following:
George King John King
Samuel Slackwell Furnell John Dogherty
Michael Lawler Joseph Penrose
John White John Penalama
Eugene Bellairs James Wearne
James Richardson Gaunt Peter Ellis
John Sullivan James Clerk
Joseph Raynor Henry Bedwell
William Richardson
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On the same day, the witnesses against William Molloy, Jacob Sorenson and Patrick Howard were:
Edward Viret George King
Thomas Bradley Henry Foster
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On 9 December, depositions against John Phelan were taken from:
Ladislas Kossak Samuel Slackwell Furnell
John Culkin Click here to see more of this record on our wiki.


The documents in this item were for use in the State Treason Trials against against John Phelan, and include recognizances to give evidence, as well as the depositions, dated 9 December 1854, of several witnesses to the storming of the Eureka Stockade.

The documents in this item were for use in the State Treason Trials, containing some supplementary evidence for the trials as well as the formal charge of high treason made against thirteen of the diggers involved in the Stockade.
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These documents include several depositions and the prosecution brief used in the trial of Timothy Hayes for high treason on 16 January 1855. The papers belong together with the previous set (VPRS 5527/P Unit 2, Item 8), which include the cover sheet for the brief and most likely have been separated. Among the depositions there is one from Henry Goodenough associating Timothy Hayes with the deputation of diggers that met with Lieutenant Governor Hotham in Melbourne.Click here to see more of this record on our wiki.Goodenough was later to be closely cross-examined over this case of mistaken identity during Hayes's trial. See the transcription of Goodenough's testimony for an example of how the depositions were used (and challenged) in court during the trial.
More detailed statements were taken against particular groups of prisoners, as follows.

Depositions against Timothy Hayes were taken on 7 December from:
Henry Goodenough Thomas Bailey Richards
Andrew Peters Thomas Carruthers
Hugh King William Fleming
William Thompson James Ronayn
Thomas Edmund Langley

This is the prosecution brief for the State Treason Trials, containing depositions for both the prosecution and defence, and shows an outline of the trials prior to their commencement.
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Although over one hundred men were arrested, the cases against all but thirteen were dismissed due to lack of evidence. The final thirteen charged were: Timothy Hayes, John Joseph, Raffaello Carboni, James Beattie, J.F. Cambell, John Manning, William Molloy, John Phelan, Henry Read, Michael Tuohy, Thomas Dignum, Jacob Sorenson and Jan Vennick. All were charged with high treason.Click here to see more of this record on our wiki.

The prisoners were then quickly removed to Melbourne under heavy escort, to await trial in the Supreme Court. They were to be held at the Melbourne Gaol, where they were subject to cramped conditions and harsh treatment. The prisoners were so appalled at their treatment they eventually submitted a letter to the Sheriff appealing for clemency.

This document is a transcript of Supreme Court proceedings of 17 January 1855 relating to the State Treason Trials of those from Ballarat. It is concerned largely with establishing Counsel and Attorneys for each of the prisoners, and with technical matters regarding the indictment for high treason. It is the only section remaining of the shorthand record of the trials of John Joseph and Timothy Hayes.

This resolution from diggers in Bendigo, dated 13 March 1855, strongly criticises the government's handling of the State Treason Trials, and the 'unbecoming desire for vengeance' which this conduct demonstrated.
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The day after the battle at the Eureka Stockade, Lieutenant Governor Charles Hotham summoned his Executive Council together, to inform them of the 'unconfirmed' events at Ballarat and discuss the government’s next course of action.Click here to see more of this record on our wiki
These minutes document the proceedings of that gathering in which the decision to proclaim martial law was quickly made. It is of particular interest to note Hotham’s reference to 10 April 1848, the date when a petition carrying six million signatures was presented to the British Government by the Chartist movement. On that occasion, large public gatherings were banned and the City of London was defended by troops and special constables.

The overrunning of the stockade had the desired effect of restoring the Ballarat goldfields to goverment control. A declaration of martial law in the Buninyong district was short-lived, and concerns over preparations against further uprisings proved unnecessary. However, as Gold Commissioner William Wright reported, the number of mining licences taken out dropped to virtually nil over the next few months. Wright had travelled to Ballarat as part of the Commision that Lieutenant Governor Hotham had initially appointed in mid November to look into the administration of the goldfields."Click here to see more of this record on our wiki".

In addition to Wright, membership of the Commission included William Westgarth (chairman), John Pascoe Fawkner, John Hodgson, John O’Shanassy, and James Ford Strachan, all members of the Legislative Council.

This document is the declaration issued on 4 December 1854, whereby Lieutenant Governor Charles Hotham declared martial law in the Buninyong district in response to the events at the Stockade in the preceding days.

This message from Lieutenant Governor Charles Hotham, dated 4 December 1854, displays his belief that the Stockaders had been routed beyond hope of resuscitation, but also emphasises the situation was not entirely secure, and requests troops be returned to guard Melbourne. Click here to see more of this record on our wiki

This document, dated 6 December 1854, is Lieutenant Governor Charles Hotham's decree revoking martial law, which took effect from 9 December. Click here to see more of this record on our wiki

This draft constitution is an interesting hybrid of early French revolutionary and radical ideas: needless to say, it was never put into operation. Click here to see more of this record on our wiki

This evidence, taken on 11 December 1854 before Coroner D.J. Williams of the Ballarat Bench, sought to determine if there was sufficient evidence to commit Arthur Akehurst to trial for the murder of Henry Powell, an innocent bystander during the battle at Eureka. Arthur Akehurst was committed to stand trial in the Supreme Court in Melbourne on January 1855. The cover sheet (wrapped around the outside of the depositions and thus the last page in the sequence here) shows that the depositions formed the substance of the trial brief produced for Akehurst's aborted trial.While a digitised copy of this record is not available click here to see a transcription of the record on our wiki

Despite the public call for an amnesty covering those diggers involved in the Eureka battle, law enforecement remained a priority for the Government. Apart from those thirteen charged with treason, two other court cases resulted from Eureka. Henry Seekamp, editor of the Ballarat Times, was arrested the day after the stockade battle. He was charged with seditious libel and eventually convicted. Seekamp’s conviction thus became the only one that eventuated from the entire affair. Curiously, part of the evidence against him was a copy of the Ballarat Reform League charter that he printed.Click here to see more of this record on our wiki

Henry Seekamp, the editor of the Ballarat Times, was arrested on 4 December 1854, the day after the Stockade, and charged with seditious libel. The following prosecution brief contains the evidence assembled against him for his trial. He was tried and convicted by a Melbourne jury on 23 January 1855 and, after a series of appeals, sentenced to six months imprisonment on 23 March. Extracts from the Ballarat Reform League Charter are reproduced. We can surmise that the printing of the Charter in the Times was its major method of circulation on the goldfields.

This panicky letter from Resident Gold Fields Commissioner Robert Rede to the Colonial Secretary, dated 20 December 1854, demonstrates his continuing concern over the tense situation in Ballarat two weeks after the Stockade, and his reluctance to go licence hunting without military support. Click here to see more of this record on our wiki

The government was not held accountable for the destruction nor for the theft of property during the events that transpired at Eureka. Numerous accounts were given to the Commission of Enquiry lamenting the wanton disregard for the property of innocent bystanders by soldiers and police. Raffaello Carboni submitted a petition for compensation, suggesting that drunken troopers had robbed arrested prisoners of their belongings shortly after their capture.Click here to see more of this record on our wiki.

This is Raffaello Carboni's plea for compensation for the money and property he lost during the attach on the Eureka Stockade. It proved unsuccessful.

The Commission’s findings

Despite suggestions, the Commission into the goldfields was not redirected to look at the causes of the stockade uprising. Their report, delivered on 27 March 1855, the same day as the acquittal of the last of those charged with treason, could hardly have avoided meditation on the episode. The immediate complaints of the mining community were on the whole addressed by the Commision – in particular, the replacement of the mining licence with an export tax, the election of miners to local courts to adjudicate disputes, and the representation of miners in the Legislative Assembly with the miners’ right to vote.

The stockade also launched the political careers of Lalor and Humffray, both of whom went on to serve in the Victorian Legislative Assembly.

The Age editorial of 5 December 1855 questioned the government’s handling of the stockade, and noted that the ‘people have unanimously demanded an amnesty for the political offences arising out of that unhappy period of blunders and misrule.’

Further charges


Despite the public call for an amnesty covering those diggers involved in the Eureka battle, law enforecement remained a priority for the Government. Apart from those thirteen charged with treason, two other court cases resulted from Eureka. Henry Seekamp, editor of the Ballarat Times, was arrested the day after the stockade battle. He was charged with seditious libel and eventually convicted. Seekamp’s conviction thus became the only one that eventuated from the entire affair. Curiously, part of the evidence against him was a copy of the Ballarat Reform League charter that he printed.

No government representative was ever convicted of committing criminal acts at Eureka. One man, Arthur Akehurst, a clerk of the peace, was arrested and tried for the manslaughter of storekeeper Henry Powell. Eyewitnesses testified to Akehurst cutting Powell with his sabre, in spite of Powell’s non-involvement in the stockade. Powell survived his wounds long enough to make a statement against Akehurst. However, the prosecution’s case was dropped when Powell’s dying deposition was ruled inadmissible.

The government was not held accountable for the destruction nor for the theft of property during the events that transpired at Eureka. Numerous accounts were given to the Commission of Enquiry lamenting the wanton disregard for the property of innocent bystanders by soldiers and police. Raffaello Carboni submitted a petition for compensation, suggesting that drunken troopers had robbed arrested prisoners of their belongings shortly after their capture.


Despite the public call for an amnesty covering those diggers involved in the Eureka battle, law enforecement remained a priority for the Government. Apart from those thirteen charged with treason, two other court cases resulted from Eureka. Henry Seekamp, editor of the Ballarat Times, was arrested the day after the stockade battle. He was charged with seditious libel and eventually convicted. Seekamp’s conviction thus became the only one that eventuated from the entire affair. Curiously, part of the evidence against him was a copy of the Ballarat Reform League charter that he printed.