Chapter 23

The seven men landed at the Old Port and talked to the pioneers. They listened to their dismal accounts of starvation on roast flathead and mutton-birds' eggs, of the ferocity of the blacks, of the murder of Macalister, of the misfortunes of Glengarry. The nine-pounder gun still stood at the corner of the company's store, pointed towards the scrub, a silent warning to the new men of the dangers in store for them. They took their guns and went about the bush looking for wattle trees, but they could not find in any place a sufficient quantity to make the business profitable. There was no regular employment to be had, but fortunately the schooner 'Scotia', chartered by John King, went ashore in a gale, and four of the barkers, all Irishmen obtained a few days' work in taking out her mud ballast. But no permanent livelihood could be expected from shipwrecks, and the seven strippers resolved, if possible, to return to Melbourne. They wanted to see Paddy Walsh once more, but they had no money, and the storekeeper refused to pay their fare by sea. After much negotiation, they obtained a week's rations, and gave all the tools they had brought with them to Captain Davy in payment for his trouble in landing them at One Tree Hill. They were informed that Brodribb and Hobson had made Western Port in four days on foot, and of course they could do the same. Four of the men were named Crow, Sparrow, Fox, and Macnamara; of the other three two were Englishmen, Smith and Brown; the third, a native of London, named Spiller, installed himself in the office of captain on account of his superior knowledge. He guaranteed to lead the party in a straight line to Western Port. He said he could box the compass; he had not one about him, but that made no difference. He would lay out their course every morning; they had to travel westward; the sun rose in the east, everybody knew as much as that; so all he had to do was to turn his back to the rising sun, and march straight on to Western Port which was situated in the west. The men agreed that Spiller's theory was a very good one; they could not think of any objection to it.

Each man carried his blanket and rations, his gun and ammunition. Every morning Spiller pointed out the course to be taken and led the way. From time to time, with a look of extreme wisdom, he took observations of the position of the sun, and studied the direction of his own shadow on the ground. For five days the men followed him with great confidence, and then they found that their rations were all consumed, and there was no sign of Western Port or any settlement. They began to grumble, and to mistrust their captain; they said he must have been leading them astray, otherwise they would have seen some sign of the country being inhabited, and they formed a plan for putting Spiller's knowledge of inland navigation to the test.

A start was made next morning, the cockney as usual, taking the lead. One man followed him, but kept losing ground purposely, merely keeping the leader in sight; the others did the same. Before the last man had lost sight of the camp, he could see Spiller in the distance walking towards it. He then uttered a long coo-ee, which was answered by every man of the party. They thought some valuable discovery had been made. One by one they followed the call and were soon assembled at the still burning embers they had lately left.

"A nice navigator you are, ain't you, Spiller? Do you know where you are now?" asked Brown.

"Well, I must say there seems to be some mistake," said Spiller. "I came along when I heard the coo-ee, and found myself here. It is most unaccountable. Here is where we camped last night, sure enough. It is most surprising."

"Yes, it is surprising," said Smith. "You know the compass, don't you, you conceited little beggar. You can box it and make a bee-line for Western Port, can't you? Here you have been circussing us round the country, nobody knows where, until we have not a morsel of food left; but if I am to be starved to death through you, you miserable little hound, I am not going to leave you alive. What do you say, mates? Let us kill him and eat him. I'll do the job myself if nobody else likes it. I say nothing could be fairer."

Sparrow, one of the Irishmen, spoke. He was a spare man, six feet high, had a long thin face, a prominent nose, sloping shoulders, mild blue eyes, and a most gentle voice. I knew him after he returned to Gippsland and settled there. He was averse to quarrelling and fighting; and, to enable him to lead a peaceable life, he carried a short riding whip with a hammer handle, and kept the lash twisted round his hand. He was a conscientious man too, and had a strong moral objection to the proposal of killing and eating Spiller; but he did not want to offend the company, and he made his refusal as mild as possible.

"It's a think I wouldn't like to quarrel about with no man," he said, "and the Lord knows I am as hungry as any of you; and if we die through this misleading little chap I couldn't say but he would be guilty of murdering us, and we might be justified in making use of what little there is of him. But for my part I couldn't take my share of the meat--not to-day at any rate, because you may disremember it's Friday, and it's agen the laws of the Church to ate meat this day. So I'd propose that we wait till to-morrow, and if we grow very wake with the hunger, we can make use of the dog to stay our stomachs a little while longer, and something better may turn up in the meantime."

"Is it to cook my dog Watch you mean?" asked Crow. (Here Watch went to his master, and lay down at his feet, looking up in his face and patting the ground with his tail.) "I tell you what it is, Sparrow, you are not going to ate my dog. What has the poor fellow done to you, I'd like to know? You may cook Spiller if you like, to-day or to-morrow, it's all the same to me--and I grant he well deserves it --but if you meddle with Watch you'll have to deal with me."

"It's no use going on this way, mates," said Brown. "We might as well be moving while we have strength enough to do so. Come along."

The men began to rise to their feet. Macnamara suddenly snatched Spiller's gun, and fired off both barrels; he then said, "Now hand over your shot and powder." Spiller, half scared to death, handed them over.

"Now," said Macnamara, "you are my prisoner. I am going to take care of you until you are wanted; and if I see you so much as wink the wrong way I'll blow your brains out, if you have any. Here's your empty gun. Now march."

All the men followed. The country was full of scrub, and they walked through it in Indian file. Not a bird or beast was killed that day or the next. A consultation was held at night, and it was agreed to kill Watch in the morning if nothing else turned up, Crow by this time being too hungry to say another word in favour of his dog. But at daylight an eaglehawk was watching them from a tree, and Brown shot it. It was soon put in the ashes, and when cooked was divided among the seven.

On the eighth day Macnamara said, "I can smell the ocean." His name means "sons of the sea," and he was born and reared on the shore of the Atlantic. Sand hummocks were soon seen, and the roar of the breakers beyond could be heard. Two redbills were shot and eaten, and Spiller and Watch were kept for future use. On the ninth day they shot a native bear, which afforded a sumptuous repast, and gave them strength to travel two days longer. When they camped at night a tribe of blacks made a huge fire within a short distance, howling their war songs, and brandishing their weapons. It was impossible to sleep or to pass a peaceful night with such neighbours, so they crawled nearer to the savages and fired a volley at them. Then there was silence, which lasted all night. Next morning they found a number of spears and other weapons which the blacks had left on the ground; these they threw into the fire, and then resumed their miserable journey. On this day cattle tracks were visible, and at last, completely worn out, they arrived at Chisholm's station, eleven days after leaving One Tree Hill. They still carried their guns, and had no trouble in obtaining food during the rest of their journey to Melbourne.

At the same time that Mr. Tyers reported his failure to reach Gippsland, the seven men reported to Walsh their return from it. The particulars of these interviews may be imagined, but they were never printed, Mr. John Fawkner, with unusual brevity, remarking that "Gippsland appears to be sinking into obscurity."

Some time afterwards it was stated that "a warrant had been issued for Mr P. Walsh, formerly one of our leading merchants, on a charge of fraud committed in 1843. Warrant returned 'non est inventus'; but whether he has left the colony, or is merely rusticating, does not appear. Being an uncertificated bankrupt, it would be a rather dangerous experiment, punishable by law with transportation for fifteen years."

But Mr. Tyers could not afford to allow Gippsland to sink into obscurity; his official life and salary depended on his finding it. A detachment of border and native police had arrived from Sydney by the 'Shamrock', and some of them were intended as a reinforcement for Gippsland, "to strengthen the hands of the commissioner in putting down irregularities that at present exist there."

Dr. Holmes was sending a mob of cattle over the mountains, and Mr. Tyers ordered his troopers to travel with them, arranging to meet them at the head of the Glengarry river. He avoided this time all the obstacles he had formerly encountered by making a sea voyage, and he landed at Port Albert on the 13th day of January, 1844.

GIPPSLAND UNDER THE LAW.

As soon as it was known at the Old Port that a Commissioner of Crown Lands had arrived, Davy, the pilot, hoisted a flag on his signal staff, and welcomed the representative of law and order with one discharge from the nine-pounder. He wanted to be patriotic, as became a free-born Briton. But he was very sorry afterwards; he said he had made a mistake. The proper course would have been to hoist the flag at half-mast, and to fire minute guns, in token of the grief of the pioneers for the death of freedom.

Mr. Tyers rode away with a guide, found his troopers at the head of the Glengarry, and returned with them over Tom's Cap. He camped on the Tarra, near the present Brewery Bridge, and his black men at night caught a number of blackfish, which were found to be most excellent.

Next day the commissioner entered on his official duties, and began to put down irregularities. He rode to the Old Port, and halted his men in front of the company's store. All the inhabitants soon gathered around him. He said to the storekeeper:

"My name is Tyers. I am the Commissioner of Crown Lands. I want to see your license for this store."

"This store belongs to the Port Albert Company," replied John Campbell. "We have no license, and never knew one was required in such a place as this."

"You are, then, in illegal occupation of Crown lands, and unless you pay me twenty pounds for a license I am sorry to say it will be my duty to destroy your store," said Mr. Tyers.

There were two other stores, and a similar demand was made at each of them for the 20 pounds license fee, which was paid after some demur, and the licenses were signed and handed to the storekeepers.

Davy's hut was the next visited.

"Who owns this building?" asked Mr. Tyers.

"I do," said Davy. "I put it up myself."

"Have you a license?"

"No, I have not. Never was asked for one since I came here, and I don't see why I should be asked for one now."

"Well, I ask you now. You are in illegal occupation of Crown lands, and you must pay me twenty pounds, or I shall have to destroy your hut."

"I hav'nt got the twenty pounds," Davy said: "never had as much money in my life; and I wouldn't pay it to you if I had it. I would like to know what right the Government, or anybody else, has to ask me for twenty pounds for putting up a hut on this sandbank? I have been here with my family pretty nigh on to three years; sometimes nearly starved to death, living a good deal of the time on birds, and 'possums, and roast flathead; and what right, in the name of common sense, has the Government to send you here to make me pay twenty pounds? What has the Government done for me or anybody else in Gippsland? They have already taken every penny they could get out of the settlers, and, as far as I know, have not spent one farthing on this side of the mountains. They did not even know there was such a country till McMillan found it. It belonged to the blacks. There was nobody else here when we came, and if we pay anybody it should be the blackfellows. Besides, if I had had stock, and money enough to take up a run, I could have had the pick of Gippsland, twenty square miles, for ten pounds; and because I am a poor man you want me to pay twenty pounds for occupying a few yards of sand. Where is the sense of that, I'd like to know? If you are an honest Englishman, you ought to be ashamed of yourself for coming here with your troopers and carbines and pistols on such a business, sticking up a poor man for twenty pounds in the name of the Government. Why, no bushrangers could do worse than that."

"You are insolent, my man. If you don't pay the money at once I'll give you just ten minutes to clear out, and then I shall order my men to burn down your hut. You will find that you can't defy the Government with impunity."

"Burn away, if you like, and much good may it do you." Pointing to his whaleboat on the beach, "There's the ship I came here in from Melbourne, and that's the ship I shall go back in, and you daren't hinder me."

Mr. Reeve was present, watching the proceedings and listening. He had influential friends in Sydney, had a station at Snake Ridge, a special survey on the Tarra, and he felt that it would be advisable to pour oil on the troubled waters. He said:

"I must beg of you, Mr. Tyers, to excuse Davy. He is our pilot, and there is no man in Gippsland better qualified for that post, nor one whose services have been so useful to the settlers both here and at the lakes. We have already requested the Government to appoint him pilot at the port; we are expecting a reply shortly, and it will be only reasonable that he should be allowed a site for his hut."

"You see, Mr. Reeve, I must do my duty," said Mr. Tyers, "and treat all alike. I cannot allow one man to remain in illegal occupation, while I expel the others."

"The settlers cannot afford to lose their pilot, and I will give you my cheque for the twenty pounds," said Mr. Reeve.

"Twelve months afterwards the cheque was sent back from Sydney, and Mr. Reeve made a present of it to Davy.

"At this time the public journals used very strong language in their comments on the action of Governors and Government officials, and complaint was made in the House of Commons that the colonial press was accustomed to use "a coarseness of vituperation and harshness of expression towards all who were placed in authority." But gentlemen were still civil to one another, except on rare occasions, and then their language was a strong as that of the journals, e.g.:

"I, Arthur Huffington, surgeon, residing at the station of Mr. W. Bowman, on the Ovens River, do hereby publicly proclaim George Faithful, settler on the King River, to be a malicious liar and a coward.

"Ovens River, March 6th, 1844.

"You will find a copy of the above posted at every public-house between the Ovens and Melbourne, and at the corner of every street in the town."

This defiance could not escape the notice of the lawyers, and they soon got the matter into their own hands.

Huffington brought an action of trespass on the case for libel against Faithful, damages 2,000 pounds.

It was all about branding a female calf; "duffing it" was the vulgar term, and to call a settler "duffer" was more offensive than if you called him a murderer.

Mr. Stawell opened the pleadings, brushing up the fur of the two tiger cats thus:

"Here you have Mr. Faithful--the son of his father--the pink of superintendents--the champion of Crown Lands Commissioners--the fighting man of the plains of Goulburn--the fastidious Beau Brummel of the Ovens River,"--and so on. Arthur and George were soon sorry they had not taken a shot at each other in a paddock.

The calf was a very valuable animal--to the learned counsel. On January 30th, 1844, Davy became himself an officer of the Government he had denounced so fiercely, being appointed pilot at Port Albert by Sir George Gipps, who graciously allowed him to continue the receipt of the fee already charged, viz., three pounds for each vessel inwards and outwards.

There were eight other huts on the sandbank, but as not one of the occupants was able to pay twenty pounds, their names are not worth mentioning. After making a formal demand for the money, and giving the trespassers ten minutes to take their goods away, Mr. Tyers ordered his men to set the buildings on fire, and in a short time they were reduced to ashes. The commissioner then rode back to his camp with the eighty pounds, and wrote a report to the Government of the successful inauguration of law and order within his jurisdiction, and of the energetic manner in which he had commenced to put down the irregularities prevalent in Gippsland.

The next duty undertaken by the commissioner was to settle disputes about the boundaries of runs, and he commenced with those of Captain Macalister, who complained of encroachments. To survey each run with precision would take up much time and labour, so a new mode of settlement was adopted. By the regulations in force no single station was to consist of more than twenty square miles of area, unless the commissioner certified that more was required for stock possessed by applicant. This regulation virtually left everything to the goodwill and pleasure of the commissioner, who first decided what number of square miles he would allot to a settler, then mounted his horse, to whose paces he was accustomed, and taking his compass with him, he was able to calculate distances by the rate of speed of his horse almost as accurately as if he had measured them with a chain. These distances he committed to paper, and he gave to every squatter whose run he thus surveyed a description of his boundaries, together with a tracing from a chart of the district, which he began to make. He allotted to Captain Macalister all the country which he claimed, and a dispute between Mr. William Pearson and Mr. John King was decided in favour of the latter.

It was reported in Sydney that Mr. Tyers was rather difficult of access, but it was believed he had given satisfaction to all and everyone with whom he had come in contact, except those expelled from the Old Port, and a few squatters who did not get as much land as they wanted. There were also about a hundred escaped prisoners in the country, but these never complained that the commissioner was difficult of access.

The blacks were still troublesome, and I heard Mr. Tyers relate the measures taken by himself and his native police to suppress their irregularities. He was informed that some cattle had been speared, and he rode away with his force to investigate the complaint. He inspected the cattle killed or wounded, and then directed his black troopers to search for tracks, and this they did willingly and well. Traces of natives were soon discovered, and their probable hiding-place in the scrub was pointed out to Mr. Tyers. He therefore dismounted, and directing two of his black troopers armed with carbines to accompany him, he held a pistol in each hand and walked cautiously into the scrub. The two black troopers discharged their carbines. The commissioner had seen nothing to shoot at, but his blacks soon showed him two of the natives a few yards in front, both mortally wounded. Mr. Tyers sent a report of the affair to the Government, and that was the end of it.

This manner of dealing with the native difficulty was adopted in the early days, and is still used under the name of "punitive expeditions." That judge who prayed to heaven in his wig and robes of office, said that the aborigines were subjects of the Queen, and that it was a mercy to them to be under her protection. The mercy accorded to them was less than Jedburgh justice: they were shot first, and not even tried afterwards.

The settlers expelled from the sandbank at the Old Port required some spot on which they could put up their huts without giving offence to the superior powers. The Port Albert Company excised a township from their special survey, and called it Victoria; Mr. Robert Turnbull bought 160 acres, the present Port Albert, at 1 pound per acre, and offered sites for huts to the homeless at the rate of 1 pound per annum, on the condition that they carried on no business. The stores were removed from the Old Port to the new one, and the first settlement in Gippsland was soon again overgrown with scrub and ferns. Mr. Reeve offered farms to the industrious at the rental of one bushel of wheat to the acre. For some time the township of Tarraville was a favourite place of residence, because the swamps which surrounded Port Albert were impassable for drays during the winter months; the roads to Maneroo and Melbourne mentioned in Mr. Reeve's advertisement were as yet in the clouds. Captain Moore came from Sydney in the revenue cutter 'Prince George' to look for smugglers, but he did not find any. He was afterwards appointed collector for Gippsland, and he came down again from Sydney with a boat's crew of six prisoners, a free coxswain, and a portable house, in which he sate for the receipt of Customs.

For a time the commissioner resided at Tarraville, and then he went to the lakes and surveyed a township at Flooding Creek, now called Sale. His black troopers were in some cases useful, in others they were troublesome; they indulged in irregularities; there was no doubt that they drank rum procured in some inexplicable manner. They could not be confined in barracks, or remain continually under the eye of their chief, and it was not always possible to discover in what manner they spent their leisure hours. But occasionally some evidence of their exploits came to light, and Mr. Tyers became aware that his black police considered themselves as living among hostile tribes, in respect of whom they had a double duty to perform, viz., to track cattle spearers at the order of their chief, and on their own account to shoot as many of their enemies as they could conveniently approach.

There were now ladies as well as gentlemen in Gippsland, and one day the commissioner sailed away in his boat with a select party. After enjoying the scenery and the summer breezes for a few hours, he cast his eyes along the shore in search of some romantic spot on which to land. Dead wood and dry sticks were extremely scarce, as the blacks used all they could find at their numerous camps. He was at length so fortunate as to observe a brown pile of decayed branches, and he said, "I think we had better land over there; that deadwood will make a good fire"; and the boat was steered towards it. But when it neared the land the air was filled with a stench so horrible that Mr. Tyers at once put the boat about, and went away in another direction. Next day he visited the spot with his police, and he found that the dead wood covered a large pile of corpses of the natives shot by his own black troopers, and he directed them to make it a holocaust.