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Mr. Black would not swallow such a perfidious insinuation.

Mr. Rede continued: "Now, Mr. Black, look at the case how it really stands.
Those men are charged with rioting; they will be brought before the magistrate,
and it is out of my power to interfere with the course of justice."

Mr. Hackett spoke his approbation to the Commissioner.

Mr. Black: "Will you accept bail for them to any amount you please
to mention?"

A consultation ensued between Rede and Hackett. Bail would be accepted
for two of the prisoners. Father Smyth would bring the required sureties
tomorrow morning.

Mr. Black proceeded to our second demand.

Mr. Rede took that for a full stop; and launched into declamation:
"What do you think, gentlemen, Sir Charles Hotham would say to me,
if I were to give such a pledge? Why Sir Charles Hotham would have at once
to appoint another Resident Commissioner in my place!" and concluded
with the eternal cant of all silver and gold lace, "I have a dooty to perform,
I know my duty, I must 'nolens volens' adhere to it."

In vain Mr. Black entered the pathetic; and expostulated with the Commissioner,
who had it in his power to prevent bloodshed.

Mr. Rede: "It is all nonsense to make me believe that the present agitation
is intended solely to abolish the licence. Do you really wish
to make me believe that the diggers of Ballaarat won't pay any longer
two pounds for three months? The licence is a mere cloak to cover
a democratic revolution."

Mr. Black acknowledged that the licence fee, and especially the disreputable
mode of collecting it at the point of the bayonet, were not the only grievances
the diggers complained of. They wanted to, be represented in the
Legislative Council; they wanted to 'unlock the lands.'

Carboni Raffaello, who had yet not opened his mouth, said: "Mr. Rede,
I beg you would allow me to state, that the immediate object of the diggers
taking up arms, was to resist any further licence-hunting. I speak
for the foreign diggers whom I here represent. We object to the Austrian rule
under the British flag. If you would pledge yourself not to come out
any more for the licence, until you have communicated with Son Excellence,
I would give you my pledge...--(I meant to say, that I was willing
to pledge myself, and try if possible to assuage the excitement,
and wait till 'our Charley' had sent up a decided answer...")--but I was
instantly interrupted by Father Smyth who addressed me imperatively:
"Give no pledge: sir, you have no power to do so."

This interruption, which I perfectly recollect, and the circumstance that
on our going and returning, the said Father Smyth continually kept on a 'sotto
voce' conversation with Mr. Black only, were, and are still, mysteries to me.

Mr. Rede, who had not failed to remark the abruptness with which
Father Smyth had cut me short; joined both his hands, and with the stretched
forefinger tapping me on both hands, which were clenched as in prayer,
addressed to me these identical remarkable words, "My dear fellow,
the licence is a mere watchword of the day, and they make a cat's-paw of you."

Mr. Black undertook my defence: he words above stuck in my throat, though.

Mr. Hackett, on being consulted, assented that Mr. Rede could promise us
to take into consideration the present excited feelings of the diggers,
and use his best judgment as to a further search for licences on the morrow.

Mr. Rede: "Yes, yes; but, understand me, gentlemen. I give no pledge."

The usual ceremonies being over, Sub-inspector Taylor kindly escorted us
to the bridge, gave the pass-word, and to go--just as any one else will go
in this land, who puts his confidence in red-tape--disappointed.




Chapter XLIII.



La Volpe Cambia Il Pelo, Ma Non La Pelle;
Cambia La Pelle Il Serpe, Non Il Veleno:
Il Cane Non Abbaia Col Ventre Pieno;
Vestesi Il Lupo In Pecora Tra Liagnelle.
Antica Storia;
Ma Senza Gloria.


By this time, the main road was crowded. The men were anxiously waiting
to know our success. Mr. Black calmed their excitement as kindly
as circumstances admitted. We returned to our camp at the Eureka. Mr. Black
rendered an account of our mission with that candour which characterises him
as a gentleman. I wished to correct him in one point only, and said,
my impression was, that the Camp, choked with red-coats, would quash
Mr. Rede's 'good judgment,' get the better of his sense, if he had any
of either, and that he would come out licence-hunting on an improved style.

Peter Lalor adjourned the meeting to five o'clock in the morning.




Chapter XLIV.



Accingere Gladio Tuo Super Femur Tuum.


On Friday, December 1st, the sun rose as usual. The diggers came in armed,
voluntarily, and from all directions: and soon they were under drill,
as the day before. So far as I know, not one digger had turned to work.
It may have happened, that certain Cornishmen, well known for their
peculiar propensity, of which they make a boast to themselves, to pounce
within an inch of their neighbour's shaft, were not allowed to indulge in
'encroaching.' This, however, I assert as a matter of fact, that the Council
of the Eureka Stockade never gave or hinted at any order to stop the
usual work on the gold-field.

Towards ten o'clock, news reached our camp that the red coats were under arms,
and there would be another licence-hunting.

The flames did not devour the Eureka Hotel with the same impetuosity
as we got up our stockade. Peter Lalor gave the order: Vern had the charge,
and was all there with his tremendous sword. "Wo ist der Raffaello!
Du, Baricaden bauen," and all heaps of slabs, all available timber
was soon higgledy-piggledy thrown all round our camp. Lalor then gave
directions as to the position each division should take round the holes,
and soon all was on the 'qui vive.'

Had Commissioner Rede dared to rehearse the farce of the riot-act
cracking as on Gravel-pits, he would have met with a warm reception
from the Eureka boys. It was all the go that morning.

No blue or red coat appeared.--It was past one o'clock: John Bull
must have his dinner. Lalor spoke of the want of arms and ammunition,
requested that every one should endeavour to procure of both as much
as possible, but did certainly not counsel or even hint that stores
should be pressed for it.

A German blacksmith, within the stockade was blazing, hammering and pointing
pikes as fast as his thick strong arms allowed him: praising the while
his past valour in the wars of Mexico, and swearing that his pikes would fix
red-toads and blue pissants especially. He was making money as fast
any Yankee is apt on such occasions, and it was a wonder to look at
his coarse workmanship, that would hardly stick an opossum, though his pikes
were meant for kangaroos and wild dogs.




Chapter XLV.



Populus Ex Terra Crescit: Multitudo Hominum Est Populus;
Ergo, Multitudo Hominum Ex Terra Crescit.


Between four and five o'clock of same afternoon, we became aware of
the silly blunder, which proved fatal to our cause. Some three or four hundred
diggers arrived from Creswick-creek, a gold-field famous for its pennyweight
fortunes--grubbed up through hard work, and squandered in dissipation
among the swarm of sly-grog sellers in the district.

We learned from this Creswick legion that two demagogues had been stumping
at Creswick, and called the diggers there to arms to help their brothers
on Ballaarat, who were worried by scores, by the perfidious hounds of the Camp.
They were assured that on Ballaarat there was plenty of arms, ammunitions,
forage, and provisions, and that preparations on a grand scale were making
to redress once for all the whole string of grievances. They had only
to march to Ballaarat, and would find there plenty of work, honour, and glory.

I wonder how honest Mr. Black could sanction with his presence,
such suicidal rant, such absurd bosh of that pair of demagogues,
who hurried down these four hundred diggers from Creswick, helpless, grog-worn,
that is, more or less dirty and ragged, and proved the greatest nuisance.
One of them, MICHAEL TUEHY, behaved valiantly and so I shall say no more.

Of course something must be done. Thonen was the purveyor. The Eureka butcher
on the hill gave plenty of meat, and plenty of bread was got from all
the neighbouring stores, and paid for. A large fire was lit in the middle
of the stockade, and thus some were made as comfortable as circumstances
admitted; others were quartered at the tents of friends; the greater part,
soon guessing how they had been humbugged, returned to their old quarters.

Arms and ammunition were our want. Men were there enough; each and all ready
to fight: such was the present excitement; but blue and red coats cannot
be driven off with fists alone. Lalor gave all his attention to the subject,
but would not consent yet to press stores for it.

Vern was perpetually expecting every moment his German Rifle Brigade.
Have patience till to-morrow.

In the evening a report was made to the Council, that a reinforcement
of soldiers from Melbourne was on the road. Captains Ross and Nealson
hastened with their divisions across the bush to intercept the expected troops,
so as to get at their arms and ammunition. All proved in vain.

When a revolution explodes as conspired and planned by able leaders,
it is usually seen that it was their care from the very beginning,
that arms and ammunition should be at hand when and wherever required;
while usury, ambition, or vengeance lavishly provide the money to render
the revolution popular: but we had never dreamed of making any preparation,
because we diggers had taken up arms solely in self-defence; and as up to
Saturday the Council of the Eureka Stockade counted in the majority honest men,
themselves hard-working diggers, they would not turn burglars
or permit anybody to do so in their name.

Truly, I heard from Manning, that a certain committee kept on their
hallucinated yabber-yabber at the Star Hotel. I never was there,
and know nothing about Star blabs. They, with the exception of Vern,
were not with us, thank God; up to Saturday four o'clock any how.




Chapter XLVI.



Non Irascimini.


Saturday morning. The night had been very cold, we had kept watch for fear
of being surprised; every hour the cry, was "The military are coming."

Vern had enlarged the stockade across the Melbourne road,
and down the Warrenheip Gully.

Suppose, even that all diggers who had fire arms had been present and plucky,
yet no man in his right senses will ever give Vern the credit
for military tactics, if that gallant officer had thought that an acre
of ground on the surface of a hill accessible with the greatest ease
on every side, simply fenced in by a few slabs placed at random,
could be defended by a handful of men, for the most part totally destitute
of military knowledge, against a disciplined soldiery, backed by swarms
of traps and troopers.

Such, however, was our infatuation, that now we considered the stockade
stronger, because it looked more higgledy-piggledy.




Chapter XLVII.



Non Nobis, Non Nobis, Sed Pax Vobiscum.


It was eight o'clock. Drilling was going on as on the previous day.
Father Smyth came inside the stockade: it was my watch. He looked
very earnest, a deep anxiety about the hopelessness of our struggle,
must have grieved his Irish heart. He obtained permission from Lalor
to speak to those under arms, who belonged to his Congregation.
Vern consented, and Manning announced it to the men. Father Smyth told them,
that the government Camp was under arms, some seven or eight hundred strong;
that he had received positive information, that government had sent
other reinforcements from Melbourne, which would soon reach Ballaarat;
warned them against useless bloodshed; reminded them that they were Christians;
and expressed his earnest desire to see all of them at Mass
on the following (Sunday) morning.

Father Smyth, your advice was kindly received; if it did not thrive,
was it because you sowed it on barren ground?

The following document may in time help to bring forth truth to light:-


Colonial Secretary's Office,
Melbourne, lst December, 1854.
Rev. Sir,

In acknowledging the receipt of your letter of
yesterday's date, I am desired by his Excellency
to thank you for the earnest efforts which, in your
professional calling, you are making to allay the
disturbances. Unless the government enforce the
laws which may be in operation, disorder and
licentiousness must prevail.

You know a commission is issued for the purpose
of inquiring into the state and condition of the
digging population: until they make their report,
the laws his Excellency found in force must be
obeyed.

I have the honour to be, Rev. Sir,
Your most obedient servant,
J. MOORE, A.C.S.
The Rev. Patrick Smyth,
Catholic Priest, Ballaarat.




Chapter XLVIII.


The Things We Ardently Wish For In This Life, Either Never Come To Pass,
Or If They Do It Is Too Late. Hence, 'Better Late Than Never.'


The whole of the morning passed off as quietly as any well wisher to our cause
could desire. Towards twelve o'clock it was our decision that licence-hunting
was over, for the day any how, since no digger recollected a search for licence
taking place on a Saturday afternoon. Our talk was of the coming meeting
of the reform league at two o'clock on Sunday, at the Adelphi, as announced
at the monster meeting on Wednesday.

The impression was almost general, that 'Charley' would soon dismiss
the hated brood of our commissioners, and things would then be 'all right.'
'Off to get a bite,' was the pass-word.

I assert as a matter of fact, and a living eye-witness, that between
one and two o'clock on Saturday, December 2nd, 1854, the Eureka stockade
was comparatively deserted. Those who remained (some one hundred) were such,
as either had a long distance to go to reach their tents, and the day
was very hot, or such as had no tent or friend on Ballaarat. I took notice
of this very circumstance from my tent, the second from the stockade,
on the hill, west, whilst frying a bit of steak on the fire of my tent chimney,
facing said stockade: Manning was peeling an onion. I transcribe the above
from the identical note I had taken down on my diary, at the identical hour
aforesaid, and can afford to challenge contradiction.




Chapter XLVIX.



Taedet Animam Meam Vitae Meae.


The news of our private, though never acknowledged, disbandment
must soon have reached the Camp.

THE LORD GOD OF ISRAEL UNRAVEL THE MYSTERY.

What a nonsense of mine to endeavour to swell up the Eureka stockade
to the level of a Sebastopol!!

Good reader, I have to relate the story of a shocking murder, a disgrace
to the Christian name.

I am a Catholic, and believe in the life everlasting. On the day of judgment
it will go milder with the Emperor Nicholas, than with the man
whoever he may be, that prompted and counted on the Eureka massacre
on the Sunday morning, December 3rd, 1854.

At four o'clock, the diggers crowded again towards the stockade.
The divisions of Ross and Nealson had returned from their excursions
and were under arms. The scene became soon animated, and the usual drilling
was pushed on with more ardour than ever.

John Basson Humffray, of whom nothing was seen or heard since the previous
Wednesday, now introduced, through a letter in his own handwriting;
addressed 'To the Commander-in-Chief of the armed diggers, Eureka,'
a Doctor Kenworthy, as surgeon, because he (Humffray) feared that a collision
between the diggers and the military would soon take place.

Peters, the spy, was at the same time within the stockade.

The 'surgeon' had his Yankee face under a bell-top (French hat): he entered
into conversation with me in person. I had my sword in hand, and was on watch.
We began to talk about MAZZINI and Captain FORBES: this latter,
a brave American officer, fought in the late struggle at Rome (1848).
I perfectly recollect, that, pointing with a smile to our barricade,
I told this Kenworthy, we had thrown them up for our defence against
licence-hunting. There is a living witness to the above circumstance,
a countryman of mine, whose name I do not remember just now, but he wore
at the time a red shirt, with picks and shovels all over it.

Previous to this, Vern, whose silly vanity would by no means allow him
to put up with his not having been elected Commander-in-Chief, all on a sudden
cried out in his sort of bombast, "Here they are coming, boys: now I will
lead you to death or victory!"--actually a band of men was tramping
full speed towards the stockade.




Chapter L



Narravere Patres Nostri
Et Nos Narravimus Omnes.


Was it then the long, long-looked for German Rifle Brigade? Here is
it's four-horned name--I copy from a slip of paper I wrote in pencil
on that very Saturday, as the name was too long and difficult for me
to remember--'The Independent Californian Rangers' Revolver Brigade.'

I should say they numbered a couple of hundred, looking Californian enough,
armed with a Colt's revolver of large size, and many had a Mexican knife
at the hip.

Here is the very circumstance when M`Gill made his appearance for the first
time within the stockade; I recollect perfectly well the circumstance
when a Mr. Smith, of the American Adams's Express, was holding the bridle
of the horse, from which said M`Gill dismounted.

James M`Gill is of the breed on the other side of the Pacific. He is thought
to have been educated in a military academy, and certainly, he has the manners
of a young gentleman of our days. He is rather short, not so much
healthy-looking as wide awake. 'What's up?' is his motto. This colony
will sober him down, and then he will attend more to 'what's to be done.'
His complexion bears the stamp of one born of a good family, but you can read
in the white of his eyes, in the colouring of his cheeks, in the paleness
of his lips, that his heart is for violence. When he gets a pair
of solid whiskers, he may pass for a Scotchman, for he has already a nose
as if moulded in Scotland. He speaks the English language correctly,
and when not prompted by the audacity of his heart, shows good sense,
delicate feelings, a pleasing way of conversation. His honour was impeached
by Vern, who never came up to the scratch, though; witness, Mr. John Campbell,
of 'The Age' office.

When a man is dead, there and then he is himself the horrible evidence
of corruption; but, as long as he lives there is hopes for fair play,
and hear his evidence on the resurrection of life: hence the moral courage
to assert the truth, shuts out the physical strength for blather to shampoo
the lie; and an honest upright man of education and a Christian leaves
'duelering' to fools.

M`Gill is not wicked in heart, though he may not yet have settled-principles.
If this world be such a puzzle even for grey-heads, who have seen enough of it,
what then must it be for one, come out of College and learning life
on the gold-fields? Hence, if I say that he helped with others to draw
the chestnuts out of the Eureka Stockade, for some old Fox, I cannot
offend him.--Who was the accursed old Fox? Patience, there is a God.--
When I was in gaol, I was not vexed at hearing him at liberty and happy:
I could not possibly wish my misery to any one; but his boast on Ballaarat
that his friend Dr. Kenworthy had procured him a 'written free pardon'
did smother me with bitterness.




Chapter LI.



Tota Domus Duo Sunt, Iidem Parentque Jubentque!


A confusion ensued which baffles description; marching, counter-marching,
orders given by everybody, attended to by nobody. This blustering concern,
when brought forward on the stage at the State Trials, appeared so much
to the heart's content of his Honour, of his and my learned friend Mr. Ireland,
that I must offer it here, 'nolens volens', for the confirmation of the
Cracker-of-high-treason-indictments' approbation.

Thomas Allen examined.--(See Report of the Nigger-Rebel State Trial,
in 'The Age', February 24th, 1855.)

"This witness was so very deaf that the Attorney-General
had actually to bawl out (oh! pity the lungs!) the
questions necessary to his examination. He stated,
he kept the Waterloo coffee-house and store at the
Eureka. He had just returned from Melbourne on the
Saturday, December 2nd. He heard inside the stockade
the word to 'fall in' for drill. Saw them go through
several military evolutions. They did not exactly go
through them in a military manner, but in the way in
which what call an 'awkward squad' might do.--
(I believe you, Old Waterloo; go a-head). He had been
at the battle of Waterloo, and knew what military
evolutions were. Saw one squad with pikes and another
with rifles. He heard one of them say, 'Shoulder poles,'
then he said, 'Order poles,' 'Ground arms,'
'Stand at ease,' 'Pick up poles,' 'Shoulder arms,'
'Right face,' 'Quick march,' 'Right counter march,'
and they were then marched for more than two hours.
After that he saw them 'fall in three deep,' and were
then told (by Captain Hanrahan) to prepare to
'receive cavalry,' and 'charge cavalry'--Poke your pike
into the guts of the horse, and draw it out from under
their tail.

" After that, in the evening, he saw the man who was in
command again form his men around him, and he seemed to
be reading a general order for the night. After it got
night, one of them came up to him and said, 'Now,
Old Waterloo, you must come and join us,' and he threw
down a pike which he told him to take. He said, 'No;
it is such a d----d ugly one, I'll have nothing to do
with it.' Another came, and witness asked what bounty
he gave, saying 50 pounds was little enough for an old
Waterloo man. Because he would not join them he was
taken into custody by them, and was guarded by three
men with pikes at his door. (Great works!) All this
was on Saturday. His tent was the second inside the
stockade. His tent and all his property was destroyed
by fire, it all amounted to 200 pounds. He believed it
was set fire to by the police." (And so it was, old
Waterloo-no-bolter, good-hearted old man as ever lived
in the world. If you wish call for a copy of this
book; do.)


NOTICE

GREAT WORKS!!

This day, Saturday, November 10th, 1855. A glorious day for Ballaarat:
Peter Lalor, our late Commander-in-Chief, being elected by unanimous
acclamation, Member of the Legislative Council for this 'El Dorado.'
I spoke at the Camp face to face with James M`Gill. We shook hands
with mutual respect and friendship.

M`Gill, at my request, looked full in my eyes, and assured me, that the order
old Waterloo speaks of, was to the effect of appointing officers for watch
at the stockade, for 'out-posts' to keep a sharp look-out, for march to
intercept reinforcements; in short, an order for military discipline,
very necessary under the prevailing excitement. Said order for the night
(Saturday, December 2nd) was drawn up by his command, and written black
on white by Alfred, the brother of George Black.

M`Gill further stated that the supposed 'Declaration of Independence,'
on the model of the American one, is a gratuitous falsehood, which must have
originated from some well-disposed for, or well-affected to, Toorak small-beer.
Hence,

James M`Gill hereby directs me to challenge the production of the document
in question, either the original or copy of it, of course with satisfactory
evidence of its being a genuine article.

I express the hope that H. R. Nicholls, ex-member of the Local Court,
Ballaarat, will take notice of the above.

Let us return to the Eureka stockade.




Chapter LII.



Quadrupedante Putrem Sonitu Quatit Ungula Campum.


The excitement was of Satan. It was reported, the whole of the Melbourne road
was swarming with fresh reinforcements. The military would soon attack
the stockade, but Vern would lead the diggers to death or glory.

I went out to get positive information, and I did see some two hundred
red-coats stationed under arms at the foot of Black hill. The general
impression spread like wild-fire that the diggers would now all be slaughtered.
I returned, and was anxious to communicate with Lalor. The council room
was guarded by Californian faces, perfect strangers to me. The 'pass-word'
had been changed, and I was refused admittance.

Old colonial-looking fellows rode to and fro from all parts: some brought
canisters of gunpowder and bags of shot; others, fire-arms and boxes of caps.
They had been pressing stores.

All at once burst out a clamorous shouting. Captain Ross was entering
the stockade in triumph with some old fire-arms and a splendid horse.
They had been sticking up some three or four tents, called the Eureka
government camp. Great Works! that could have been done long before,
without so much fuss about it; and, forsooth, what a benefit to mankind
in general, that Commissioner Amos, ever since, was so frightened as to get
his large eyes involuntary squinting after his mare!!

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