Chapter 25

There were present, among others, the Duc de Broglie, who had come, though ill; the father of the House, the venerable Kératry, whose physical strength was inferior to his moral courage, and whom it was necessary to seat in a straw chair in the barrack yard; Odilon Barrot, Dufaure, Berryer, Rémusat, Duvergier de Hauranne, Gustave de Beaumont, De Tocqueville, De Falloux, Lanjuinais, Admiral Lainé and Admiral Cécille, Generals Oudinot and Lauriston, the Due de Luynes, the Due de Montebello; twelve ex-ministers, nine of whom had served under Louis Napoleon himself; eight members of the Institute--all men who had struggled for three years to defend society and to resist the demagogic faction.

When two hours had elapsed this assemblage was driven into barrack-rooms upstairs, where most of them spent the night, without fire and almost without food, stretched upon the boards. It only remained to carry off to prison these honorable men, guilty of no crime but the defence of the laws of their country. For this purpose the most distressing and ignominious means were selected. The cellular vans, in which convicts are conveyed to prison, were brought up. In these vehicles were shut up the men who had served and honored their country, and they were conveyed like three bands of criminals, some to the fortress of Mont Valerien, some to the prison Mazas in Paris, and the remainder to Vincennes. The indignation of the public compelled the Government two days afterward to release the greater number of them; some remained in confinement, unable to obtain either their liberty or a trial.

The treatment inflicted upon the generals arrested in the morning of December 2d was still more disgraceful. Cavaignac, Lamoricière, Bedeau, Changarnier, the conquerors of Africa, were shut up in these infamous cellular vans, which are always inconvenient and become almost intolerable on a lengthened journey. In this manner they were conveyed to Ham--that is, they were made to perform more than a day's journey. Cavaignac, who had saved Paris and France in the days of June--Cavaignac, the competitor of Louis Napoleon at the last elections, shut up for a day and a night in the cell of a felon! I leave it to every honest man and every generous heart to comment on such facts. Such were the indignities offered to eminent men.

Let me now review the series of general crimes. The liberty of the press is destroyed to an extent unheard of even in the time of the empire. Most of the journals are suppressed, those which appear cannot say a word on politics or even publish any news. But this is by no means all. The Government has stuck up a list of persons who are formed into a "consultative commission." Its object is to induce France to believe that the Executive is not abandoned by every man of respectability and consideration among us. More than half the persons on this list have refused to belong to the commission; most of them regard the insertion of their names as dishonor. I may quote, among others, M. Léon Faucher, M. Portalis, First President of the Court of Cassation, and the Duc de Albuféra, as those best known. Not only does the Government decline to publish the letters in which these gentlemen refuse their consent, but even their names are not withdrawn from the list which dishonors them. The names are still retained in spite of their repeated remonstrances. A day or two ago, one of them, M. Joseph Perier, driven to desperation by this excess of tyranny, rushed into the street to strike out his own name, with his own hands, from the public placards, taking the passers-by to witness that it had been placed there by a lie.

Such is the state of the public journals. Let us now see the condition of personal liberty. I say again that personal liberty is more trampled on than ever it was in the time of the empire. A decree of the new power gives the _préfets_ the right to arrest, in their respective departments, whomsoever they please; and the _préfets_, in their turn, send blank warrants of arrest, which are literally _lettres de cachet_, to the _sobs-préfets_ under their orders. The Provisional Government of the Republic never went so far. Human life is as little respected as human liberty. I know that war has its dreadful necessities, but the disturbances which have recently occurred in Paris have been put down with a barbarity unprecedented in our civil contests; and when we remember that this torrent of blood has been shed to consummate the violation of all law, we cannot but think that sooner or later it will fall back upon the heads of those who shed it. As for the appeal of the people, to whom Louis Napoleon affects to submit his claims, never was a more odious mockery offered to a nation. The people is called upon to express its opinion, yet not only is public discussion suppressed, but even the knowledge of facts. The people is asked its opinion, but the first measure taken to obtain it is to establish military terrorism throughout the country, and to threaten with deprivation every public agent that does not approve in writing what has been done.

Such is the condition in which we stand. Force overturning law, trampling on the liberty of the press and of the person, deriding the popular will, in whose name the Government pretends to act. France torn from the alliance of free nations to be classed with the despotic monarchies of the Continent--such is the result of this _coup d'état_.

The army refused to submit to the decree of the captive Assembly impeaching the President of the Republic; but the High Court of Justice obeyed it. The five judges composing it, sitting in the midst of Paris enslaved and in the face of martial law, dared to assemble at the Palace of Justice, and to issue a process beginning criminal proceedings against Louis Napoleon, charged with high treason by the law, though already triumphant in the streets. I subjoin the text of this memorable edict:

"The High Court of Justice, considering the sixty-eighth article of the constitution, considering that printed placards, beginning with the words 'The President of the Republic,' and bearing at the end the signatures of Louis Napoleon Bonaparte and De Moony, Minister of the Interior, which placards announce among other things, the dissolution of the National Assembly, have this day been affixed to the walls of Paris; that this fact of the dissolution of the Assembly by the President of the Republic would fall under the case provided for by the sixty-eighth article of the constitution, and render the convocation of the High Court of Justice imperative, by the terms of that article declares that the High Court is constituted, and names M. Renouard, counsellor of the Court of Cassation, to fill the duties of public accuser; and to fill those of _greffier_, M. Bernard, _Greffier-en-chef_ of the Court of Cassation; and, to proceed further in pursuance of the terms of the said sixty-eighth article of the constitution, adjourns until to-morrow, December 3d, at the hour of noon.

"Done and deliberated in the Council Chamber. Present, M. Hardouin, President; M. Pataille, M. Moreau, M. de la Palme, and M. Cauchy, judges, this second day of December, 1851."

After this textual extract from the minutes of the High Court of Justice there is the following entry: "(1) A _procès-verbal_ announcing the arrival of a _commissaire de police_, who called upon the High Court to separate. (2) A _procès-verbal_ of a second sitting held on the morrow, the third day of December (when the Assembly was in prison), at which M. Renouard accepts the functions of public prosecutor, charged to proceed against Louis Napoleon, after which the High Court, being no longer able to sit, adjourned to a day to be fixed hereafter."

(1851) DISCOVERY OF GOLD IN AUSTRALIA, Edward Jenks

EDWARD JENKS

It was a remarkable sequence in successful enterprise that brought to light and developed the vast gold deposits in Australia within three years after the great discovery in California. This event "was to change, if not the entire character, at least the rate, of Australian progress." The date of Captain James Cook's exploration of the eastern coast (1770) marks the beginning of a new era in the history of Australia. Cook took possession of the country for Great Britain. From the resemblance of its coasts to the southern shores of Wales, he called it New South Wales, and this name is still retained by one of the States of the Commonwealth of Australia (inaugurated January 1, 1901). The first English settlement (1788) was a convict colony at Port Jackson (Sydney). From the establishment of this colony the development of Australia as a British possession was gradual, but progressive, up to the discovery of the gold-fields, by which it was so greatly accelerated. At first a few pastoral groups occupied the lands near the coast. Many of the newcomers were mere squatters, bent on making money and then returning to England. But gradually small towns and settled industries grew up. Increasing numbers of farmers immigrated, squatters were pushed toward the interior, and a state of social organization began. Up to 1850, however, this nucleus of a new commonwealth had reached no great development.

As in the case of California, long before the great discovery of gold in Australia there had been rumors of its existence in that country. Most of the early stories told by persons said to have found specimens of the metal were scouted. In 1844 the distinguished geologist, Sir Roderick Impey Murchison, having compared specimens of Australian rocks brought to him with other specimens from gold-bearing lands, declared that he found in the former no trace of gold. Two years later, however, Sir Roderick declared his belief in the existence of gold in Australia, and in 1848 he announced that he had seen specimens of gold from New South Wales, and recommended a government mineral survey there. Little attention might have been given to the matter then but for the discovery of gold in California. From the excitement caused by that the "gold fever" spread over the world. Nothing was done in the way of discovery of the metal in Australia until many months had elapsed; but finally results of the utmost importance were obtained.

The story of the great Australian gold discovery is here told in an authentic and highly interesting manner by the historian of the Australasian colonies.

In the year 1851 Edmund Hammond Hargraves, an old settler in New South Wales, returned thither from California, where he had spent about eighteen months in the search for gold. His efforts in California resulted in no immediate prosperity, but he gained much useful practical experience. More than this, as he looked at the natural features of the California gold-fields, a great idea grew up in his mind. Though not a geologist, he appears to have had a quick eye for stratiform resemblances; and the more he studied the peculiarities of rocks and soil in California, the more he became convinced that he knew, in his own colony, a district which presented the same features and which, therefore, might be expected to produce the same results.

Remaining in California only long enough to verify his observations, he returned to Sydney at the beginning of the year 1851. Seldom has such absolute confidence in unverified observation proved so completely justified. According to Hargraves's own account he went without hesitation to a spot on the banks of a little stream known as Lewes Pond Creek, a tributary of Summer Hill Creek, itself a tributary of the Macquarie River, and there at once, on February 12, 1851, found alluvial gold. In April he had so far advanced as to be able to write to the Government offering to disclose his treasures for five hundred pounds. But he subsequently decided to trust to the liberality of the Government, and offered at once to show his workings to the government geologist, an official recently sent out from England to report upon gold prospects. On May 19th Mr. Stutchbury officially reported the discovery of gold in workable quantities at Summer Hill Creek, and by the end of the same month the immigration to the diggings had begun. Hargraves himself took no part in the digging, merely pointing out to others, without reserve, the places in which his experience led him to predict discovery, and instructing them in the processes of washing and cleaning. He was soon made a commissioner of Crown lands, and received a reward of ten thousand pounds.

Now began a period which can have no complete parallel in earlier history, save the almost contemporaneous parallel of California.

For in days when news travelled slowly, and travelling for ordinary men was still slower, in days when governments jealously prohibited the expatriation of their subjects, and only allowed the immigration of aliens under strict limitations, nothing like the Australian gold-rush could have taken place. As it was, everything favored the stampede. The Australian colonies themselves were anxious for immigrants. The European disturbances of 1848 had led many Continental rulers to the conclusion that it was wiser to allow turbulent spirits to go than to attempt to keep them. The new era of industry had completely unsettled the old relationships and awakened a spirit of restlessness. Finally, the recent application of steam to sea-going ships had rendered a rapid decrease in the length of the voyage from Europe a practical certainty. From the moment that the genuineness of Hargraves's discoveries was placed beyond doubt a swarm of pilgrims from all parts of the world set their faces toward the diggings. Many, perhaps the majority, of the arrivals were totally unsuited for the actual work of mining. Some of these turned to other pursuits in the neighborhood, and, in no small number of cases, did far better than the diggers whose gold they received. But thousands turned back in despair after a few days' experience of the hardships of the life; so that, almost from the first, there was an enormous traffic to and fro, and strong division of parties upon the gold question. An extreme view of the effect upon population may be obtained from a comparison of the statistics of Victoria at the close of the years 1850 and 1855 respectively. At the former date the population was under seventy thousand; at the latter, it was upward of three hundred thousand. But no other colony increased to anything like this extent during the gold rush.

The first care of the Government at Sydney, on receiving the official report of the existence of gold, was to decide upon the attitude to be assumed toward the diggers. It was abundantly clear that the establishment of mining industries would mean a great increase of expense to the Government. It was equally clear that, as the law had been declared over and over again in the colony, unauthorized digging on Crown land constituted a trespass, for which the digger was legally responsible. But the Governor was wise enough to see that no threats of prosecution would deter men bent on digging in unoccupied lands, even if it were possible to preserve the lands of private owners from forcible intrusion. The "squatting" question had demonstrated that, beyond a certain point, the theory of Crown occupation of waste lands was liable to break down.

So the government advisers suggested a compromise. Falling back on a still older feudal doctrine, they asserted the indefeasible right of the Crown to all gold found either on private or public lands, but recommended that licenses to dig should be granted on easy terms, which would have the double effect of providing a revenue and of preserving an acknowledgment of the Crown's title.

Acting on this advice, Governor Fitzroy, on May 22, 1851, issued a proclamation forbidding all persons to dig for gold on any lands without license, but expressing the willingness of the Government to grant licenses at a fee of thirty shillings a month to diggers on Crown lands. For the present, the Governor refused to allow digging on private lands without the owner's consent. The proclamation also announced that no license would be given to any laborer or servant unless he could produce a certificate of discharge from his last service. At the same time the Governor established the practice of appointing special commissioners for the gold-fields, charged with the administration of the licensing system and the general maintenance of order in their respective districts. He also strengthened the police force by every means in his power, and then awaited developments.

He had not long to wait. Almost immediately after the issue of the proclamation another gold-field was discovered on the Turon River, also a feeder of the Macquarie, only a few miles from Lewes Pond; and shortly afterward a third was opened up on the Abercrombie, a tributary of the Murrumbidgee, which takes its rise in the Cordillera, south of Bathurst. By the beginning of June, gold began to pour into Bathurst; but Mr. Hardy, the chief commissioner, was able to report an almost idyllic peace and plenty at the diggings.

In the middle of July an event occurred which at once produced a violent attack of gold fever. This was the discovery of an enormous mass of virgin gold, weighing upward of one hundred pounds, by Doctor Kerr, a squatter on the Meroo Creek. Doctor Kerr had been guided to the spot by an aboriginal who had been in his service several years; and, in his excitement, he broke the matrix in which the nugget was imbedded, and thus spoiled what would have been the most magnificent specimen of gold quartz hitherto discovered. Even as it was, the display in Bathurst of a single find of gold worth four thousand pounds was enough to excite the feelings of the inhabitants to a pitch inconsistent with steady industry.

But Doctor Kerr's find raised a point of some interest to the Government. In framing the licensing regulations, the advisers of the Crown had thought only of the possibilities of alluvial mining. Had they even directed their thoughts toward rock gold, they would probably have considered it highly improbable that any explorer should be able to extract the metal without an amount of preparation which he would hardly undertake upon the security of a bare license. But, as it happened, Doctor Kerr had not even a license when he discovered the gold, though he took one out as soon as possible afterward. To strengthen its position, the Government seized the gold in the hands of a firm of shippers who were about to send it to England; but, on the firm's representation, it was released, security being given for the payment of a royalty of 10 per cent, if the Crown should see fit to demand it.

Early in August, 1851, the Governor announced that, for the future, licenses would be held to cover only alluvial gold, and that for rock gold found on Crown land the Government would demand a royalty of 10 per cent., half that amount if the working was on private land. A fortnight later the Government undertook the escort of gold from the diggings to Sydney, thereby adding considerably to the Crown revenue and at the same time obtaining additional power over the gold districts. By the end of August, gold to the value of seventy thousand pounds had been exported from the colony. But these figures were soon eclipsed by those which followed.

The news of the gold discoveries near Bathurst had soon spread through the Australian colonies. The more adventurous of the colonists started at once for the diggings. Others, often encouraged by their governments, who foresaw a constant drain of population in favor of the gold colony, endeavored to find gold within their own limits. Rumors of discoveries were constantly arising. Gold was found at Echuca in South Australia, in the Fingal district of Tasmania, and in the Curumandel ranges of New Zealand. But none of these discoveries could compare for a moment with those which took place within the newly constituted colony of Victoria. Even so early as August, 1851, gold had been worked at a place called "Deep Creek" (or "Anderson's Creek"), not far from Melbourne, but this was soon abandoned in favor of the diggings at Clunes, on the headwaters of the streams which flow north from the great dividing range to the Murray River. A month later, these again were temporarily deserted in favor of the rich Buninyong district, just south of the range, whose chief centre was Ballarat. Finally, at the beginning of October, 1851, the wonderful finds at Mount Alexander, a spur of the Macedon range to the north of Melbourne, were eclipsing all previous discoveries.

Before the end of the year the export of gold from Victoria alone had very nearly reached half a million in value. In two years the population of the Victorian gold-fields almost equalled the whole population of the colony at the close of 1850. Most of the diggers lived in tents, and had absolutely no interest in the colony beyond the mere hope of profit from the diggings. If a more profitable field had opened elsewhere, they would have left at once. By the end of the year 1851 the probable area of future discoveries was pretty well recognized. The gold-fields, with few exceptions, were found to lie on one side or the other of the eastern Cordillera or chain of mountains which, beginning with Mount Elliot in Northern Queensland, follows the coast with remarkable precision till it reaches Port Phillip Bay. But all the more northerly part of this chain was unexplored in 1851, and of course there was room for almost any development within such wide limits.

Warned by events in New South Wales, the governments of the other Australian colonies had made preparations for the crisis. Western Australia was too remote to be much affected; and her newly arrived supply of convict labor rendered her contented. But South Australia and Tasmania suffered severely from the drain of population, which set in toward the diggings.

In South Australia, the effect was in some districts almost as if a pestilence had swept away the men, leaving the women and children untouched. Some of the emigrants really deserted their families, but the bulk were honorable men, and remittances of gold soon began to find their way to Adelaide for distribution among relatives in the colony.

After the comparative failure of the gold-diggings in South Australia, the Government had wisely set itself to secure some part of the prosperity of the gold discoveries for its colony by establishing both land and river traffic routes. In these efforts it was highly successful. Many South Australians made handsome fortunes by sending provisions to the Buninyong and Mount Alexander districts, and the new steamers on the Murray proved a source of profit to the colony which lasted until the development of the railroad system. Unfortunately, this prosperity could hardly be realized at the time, owing to the great scarcity of coined money in the colony. In 1851 the privilege of coining was still jealously monopolized by the mint in London; while the rapid expansion of business in the latter part of that year had rendered the supply of coin in Australia totally inadequate to the demand.