“EUREKA - THE ATTACK ON THE STOCKADE AND THE EVENTS LEADING TO IT"

by Peter Butters

Part 4: Mass meetings, Chartism, and the Reform League

On 11 November 1854 another Mass Meeting was held at Bakery Hill after a resurgence of agitation against the Authorities. Timothy Hayes was unanimously voted to the Chair, and Humffray was secretary. Proceedings were opened by Dr. Carr whose rambling speech was ineffective until somebody interjected about the license tax and the doctor admitted defeat declining to occupy any more valuable time and likewise several other speakers were also forced off.

Thomas Kennedy did however capture the attention of the meeting with his call to 'Brother Diggers'. He asked that they be united and advised them to obey the law but denied the legality of the license tax. In colourful terms he spoke of the tyranny of officials and added by swearing that whilst he would die for the Queen he would shed the last drop of his blood before paying another licence fee.

The crowd roared their approval and Kennedy was bodily carried outside amid the euphoria whilst the Chairman was left to close the meeting. The meeting continued outside where Kennedy was joined by Vern and Humffray. By now the number of diggers had swollen to ten thousand and the Ballarat Reform League was officially launched with Humffray as President, Timothy Hayes as Chairman and George Black as Secretary.

The diggers grievances were recorded in a document together with the political changes contemplated by the League, and their immediate objects. They contemplated full and fair representation, manhood suffrage, no property qualification of Members for the Legislative Council, payment of members and short duration of Parliament. Their immediate objects included the change in the management of the goldfields by disbanding the commissioners, and the total abolition of the diggers and storekeepers licence tax.

The 'Times' in its editorial related 'This League is nothing more or less than the germ of Australian independence. The die is cast, and fate has stamped upon the movement its indelible signature. No power on earth can now restrain the united might and headlong strides for freedom of the people of this country ...' In its report of the meeting came 'Bakery Hill is obtaining a creditable notoriety, as the rallying ground for Australian Freedom. It must never be forgotten in the future history of this great country, that on Saturday, Nov. 11th, 1854, on Bakery Hill, and in the presence of about ten thousand men, was first proposed, and unanimously adopted, the draft prospectus of Australian Independence. We refer to that of the 'Ballarat Reform League' '.

Chartism evolved from The People's Charter, which was drawn up by William Lovett in 1838. There was a massive movement for political reform sweeping England to give voice to the working classes, who rallied at large meetings to denounce the governing classes and to assert the solidarity of the workers. They were against injustice and the failure at attempts to develop trade unions.

J.B. Humffray, Henry Holyoake, George Black, and Thomas Kennedy who were prominent members of the League were also Chartists. The Chartism Movement in Britain had for the past decade struggled against the need for political reform and the ruling elite as there had been similar struggles across Europe. Many of the Reform League advocated force to achieve success but Humffray did not favour that course.

The Argus newspaper reported that should there be a need for armed resistance Irish and German groups had begun to drill and by mid November the Board of Inquiry into conditions on the Goldfields had acknowledged corruption at Ballarat. Governor Hotham announced his intention to appoint a Royal Commission to enquire into the Administration of the Goldfields.

On 18 November James Bentley, ex police magistrate John Farrell and William Hance were convicted of the manslaughter of James Scobie and sentenced to three years imprisonment, with hard labour, on the roads. November 20 was the end of the line for both Magistrate D'Ewes and Police Sergeant Robert Milne who were dismissed by Hotham following the exposure of corruption by the Board of Inquiry. It had been rumoured that Dewes was a partner of Bentley.

Also on 20 November McIntyre, Fletcher and 'Yorkie' Westerby, perhaps considered unfortunate to be singled out from the excited crowd, were convicted for starting the riots and for the destruction of the Eureka Hotel and were respectively given three, four, and six month sentences.

The jury strongly recommended 'mercy' and expressed their opinion that 'it would never have been their painful duty to give such a verdict had the Government officials at Ballarat done theirs', said the 'Argus' 'a declaration which was rejected by the Court, but received by the audience with cheers so loud as to set all rules of propriety at defiance.' The paper concluded 'In this trial, as in that of Bentley, the law has been upheld ; but, in both cases, the Government has been disgraced. The verdict of the jury, in the case of the riot was as adverse to the Government as it was to the prisoners'. Interestingly, at neither Bentley's nor the 'rioters' trials were any Government Officials called as witnesses.

As conditions deteriorated on 27 November John Humffray, Thomas Kennedy and George Black went as a deputation on behalf of the Reform League to Melbourne to meet with the Governor, however without success, and the document they presented survives to this day at the Public Record Office.

The deputation put the diggers grievances before the Governor, and George Black sought the release of McIntyre, Fletcher and Westerby 'in the name of the Ballarat diggers'.

Humffray suggested that without setting aside the verdict of the jury, a pardon could be extended as an act of grace, and cautioned against the word 'demand'. Black pointed out that its use had been requested by the Reform League Committee, and he reiterated that all the diggers felt that they were guilty of arson but were justified in their actions as the magistrates had failed to dispense justice. The action had been committed under a deep sense of official wrong, injustice and oppression.

Hotham responded in support of his actions that, as a result of being advised of corruption, he had set up the Board of Inquiry, and had as a result dismissed D'Ewes. He had appointed a Goldfields Commission of Enquiry into the management of the goldfields and added, 'Tell the diggers from me, and tell them carefully, that this Commission will enquire into everything and everybody, high and low, rich and poor, and you have only to come forward and state your grievances, and in what relates to me, they shall be addressed.'

Kennedy pleaded for peace and implored the Governor to consider the position in which he was placed, to which Hotham replied to the effect that we all have to account to those above and implied that they were all subject to forces beyond their control. The Governor, after being confronted by other grievances offered to put one elected representative of the diggers into the Legislative Council immediately but Black felt that was not sufficient. Hotham was unable to do more.

The delegates were reminded of the benefit to the diggers in the new legislation which was then en route to England and the meeting concluded. They returned to Ballarat to consult with their members.

Back in Ballarat Father Smyth, acting somewhat as a mediator, secretly visited Commissioner Rede at night warning that the situation on the diggings was far worse than those in the Camp realised. As a result of the visit Rede reported to Melbourne his concerns for the safety of the Camp as he had been informed that the diggers could assemble 1,000 rifles, and 900 men had assembled on one occasion when it was possible that the Camp may have been attacked.