CHAPTER V.

_THE DIGGER'S LICENSE._

"Let active laws apply the needful curb,

To guard the peace that riot would disturb;

And Liberty, preserved from wild excess,

Shall raise no feuds for armies to suppress."

--COWPER.

Another and greater grievance which daily stirred up strife between the

diggers and the Commissioners was the gold-digger's license. The

collecting of the license fee was from the first an invidious duty,

which demanded a vast deal of tact on the part of the Commissioners and

staff, for the diggers were always opposed to the tax, and many were the

ruses they adopted to escape its payment.

The first skirmish in connection with this impost took place at the

Golden Point, Ballarat. The diggers at the Point understood that no tax

would be charged for the month of September 1852, as the Government

wished to encourage prospecting on new gold-fields. But the

Commissioners, on arriving at Golden Point, perceived by the general

appearance of cheerfulness that the field was yielding good returns.

Yet the diggers gave most evasive answers to their inquiries as to the

result of the prospecting, and reminded them that the Government would

forego the September tax. These artifices led the Commissioners to

suspect that the men on the Point were more than ordinarily successful,

and were planting their gains out of the range of the official eye. But

an old pioneer named Connor failed to hide a pannikin full of gold dust,

and its discovery confirming the suspicions of the Commissioners, they

concluded that the community was prosperous enough to pay the tax, and

thereupon announced that a license fee of fifteen shillings must be paid

for the latter half of the month.

This proclamation aroused the indignation of the diggers. They held a

meeting, at which a man named Swindells mounted the "stump," and

denounced the sharp conduct of the officials. A deputation of two (the

orator and a Mr. Oddie) were appointed to interview the Commissioners,

in order to get them to revoke their decision. This the Commissioners

bluntly refused to do, and the two representatives, after a wordy war,

were compelled to retreat. The diggers now became exasperated, and when

they further heard that Connor, the man whose carelessness was the

immediate cause of the levying of the tax, had actually paid it, their

wrath knew no bounds. They bonnetted him, pelted him with mud till he

was almost covered, and would have proceeded to greater indignities had

not Oddie and a few others curbed their unbridled feelings by referring

to the grey hairs of the delinquent.

Notwithstanding this heated manifestation of ill-temper, the

Commissioners enforced the license fee, and it was noticed, as is very

often the case in popular demonstrations, that many of the most violent

of the diggers succumbed the readiest under official pressure. But the

last to give in was Swindells, so that when he did apply for a license

his consistent obnoxiousness was remembered by the Commissioners to his

disadvantage, and they refused to grant him one.

To recompense him the diggers, therefore, subscribed and presented him

with 12 ounces of gold for his efforts on their behalf. Swindells

afterwards went to Forest Creek diggings, and as a report came to the

Point that a license was again denied him, the diggers asserted that the

Government had determined to put a stop to his mining in Victoria

because he had championed their cause at Ballarat.

On first hearing of the gold discoveries the Executive of Victoria had

exercised their prerogative, as representatives of the Crown, to claim

all precious metals found within the colony. A notice was issued

forbidding anyone to dig for gold unless under certain rules, one of

which was that the gold-seeker should pay a license fee of 30s. per

month before commencing his search.

The colony, which was then in its infancy, was governed according to the

Crown Colony system; but by the incessant arrivals its population so

increased in numerical strength as to be almost beyond the control of

the ruling powers. The Government appear to have been particularly

puzzled as to their duties towards the vast irregular society upon the

gold-fields. That it should be regarded as merely a migratory flight of

population from the old centres of civilisation, which having swooped

down upon the gold sown broadcast in the land, would presently return

whither it came, carrying away the best of the gold harvest, was the

idea which must have occupied the minds of the authorities, for they

never attempted to make the gold-fields' population a part of the colony

until the clamouring of the insurrectionists at Ballarat dispelled the

illusion, and apprised them of the impolicy of delay in according a

social status to the gold-digger.

The Executive of the day sought to solve the difficulty by the

appointment of Police Magistrates or Commissioners, whose chief duty

seems to have been the enforcement of the gold-tax act.

Now in the digging community were many factious adventurers, whose

peculiar ideas of rights and liberties would have clashed with any form

of government. These malcontents exasperated the Commissioners, and

caused the power lodged in them to be used in its fullest extent. The

police force were directed to keep continual watch on the fields, and

compel the production of licenses as often as they pleased to ask for

them. Even the prudent exercise of this authority would no doubt have

been galling to law-abiding miners, for tax-paying, without the

surveillance, is not as a rule congenial to the feelings of members of

settled communities.

But the majority of the police officers were generally overbearing and

insolent, and their want of tact when dealing with the rough natures on

the diggings greatly increased the embarrassment of affairs. A

license-hunt was the name among the diggers for the collecting of the

tax--the police being the hounds, while many a digger in his wily

attempt to escape payment proved himself a veritable fox in cunning.

DIGGER-HUNTING ANECDOTES.

The following vigorous descriptions of this tax-collecting graphically

portray the feelings of both diggers and officials. The first is

extracted from Kelly's entertaining _Life in Victoria_:--

"W----n shouted down, 'Come up, boys--come along, quick; the game is

started!' and as I was being hoisted up I heard the swelling uproar and

the loud chorus of 'Joes' from every side. As I gained the surface

everybody was in commotion--diggers with their licenses lowering down

their mates without them; others, with folded arms, cursing the system

and damning the Government; some stealing away like hares when hounds

are in the neighbourhood; and several 'tally-ho'd,' bursting from points

where they could escape arrest, while 'Joe! Joe! Joe! Joe! Joe! Joe!'

resounded on all sides; the half-clad Amazons running up the hill-sides,

like so many bearers of the 'fiery cross,' to spread to the neighbouring

gullies the commencement of the police foray. The police, acting on a

preconcerted plan of attack, kept closing in upon their prey; the

mounted portion, under the commander-in-chief, occupying commanding

positions on the elevated ranges to intercept escape or retreat. A

strong body of the foot force, fully armed, swept down the gully in

extended line, attended by a corps of light infantry traps in loose

attire, like greyhounds in the slip, ready to rush from the leash as the

quarry started. But the orders of the officers could not be heard from

the loud and continuous roars of 'Joe! Joe! Joe!'--'Curse the

Government!--the beaks, the traps, commissioners, and all'--'the

robbers,'--'the bushrangers,' and every other vile epithet that could be

remembered, almost into their ears. At length the excitement got

perfectly wild as a smart fellow, closely pursued by the men-hounds,

took a line of the gulley cut up with yawning holes, from which the

cross planks had been purposely removed; every extraordinary spring

just carrying him beyond the grasp of capture, his tracks being

filled the instant he left them, and the outstretched arm of the

trap within an inch of seizure in the following leap. I myself was

strangely inoculated with the nervous quiver of excitement, and

I think I gave an involuntary cheer as the game and mettle of the digger

began to tell. But there arose a terrific menacing outcry of 'Shame!

shame!--treachery!--meanness!' which a glance in the direction of the

general gaze showed me was caused by a charge of the mounted men on the

high ground to head back the poor fugitive. I really thought a conflict

would have ensued, for there was a mad rush to the point where the

collision was likely to take place, and fierce vows of vengeance

registered by many a stalwart fellow who bounded past me to join in the

fray. A moment after the mounted men wheeled at a sharp angle, and a

fresh shout arose as another smart young fellow flew before them with

almost supernatural fleetness, like a fresh hare started as the hunted

one was on the point of being run down. I marvelled to see him keep the

unbroken ground with the gulley at his side impracticable for cavalry;

but no, he made straight on for a bunch of tents with a speed I never

saw equalled by a pedestrian. It was even betting, too, that he would

have reached the screen first, when lo! he stopped short so suddenly as

only just to escape being ridden down by the Commissioner--the Cardigan

of the charge--who seized him by the shirt collar in passing. The rush

of diggers now became diverted to the scene of caption. I hurried

forward there too, although fearing I should witness the shedding of

blood and the sacrifice of human life; but as I approached I was

agreeably disappointed at hearing loud roars of laughter, and jeering

outbursts of 'Joe! Joe!' amidst which the crowd opened out a passage for

the crest-fallen heroes, who rode away under such a salute of

opprobrious epithets as I never heard before, for the young fellow who

led them off the idle chase stopped short the moment he saw the real

fugitive was safe, coolly inquiring of his captor 'what crime he was

guilty of to be hunted like a felon.' 'Your license, you scoundrel!' was

the curt reply. Upon which he put his hand in his pocket and pulled out

the document, to the ineffable disgust of their high mightinesses, who

in grasping at the shadow had lost the substance.

"It was a capital ruse, adopted in an emergency, and played with greater

skill than if there had been a regular rehearsal. I flatter myself that

I am a loyal man on the average, and a respectable upholder of law and

order; but I was unable to repress an emotion of gratification at the

result of the chase, or an impulse of hero worship, as I sought the sole

actor in the successful diversion to offer my congratulations. The

myrmidons of the law now moved up the middle of the gully in close

order, attended by anything but an admiring cortége, who made it a

point never to let the cry of 'Joe! Joe!' subside for a moment.

Occasionally a license was demanded, and its production was the signal

for fresh outbursts of the tumult; but the 'license meet' was brought to

a close by two other successful feints that were played off by a pair of

diggers, who simulated a guilty timidity and dropped themselves in a

slide down their ropes into the bottoms of their wet holes, followed by

a brace of traps with dashing gallantry, who chased them into the muddy

drives, where the lurkers purposely crawled to lead their pursuers into

the muck. Of course they were hauled up in triumph, but the hallelujahs

were quickly superseded by choking screams of 'Joe! Joe!' when the

prisoners produced their digging warrants. The Commissioner did not

venture on another 'throw off,' but moved away sullenly with his forces

to the tune of 'Joe! Joe! Joe!' and expressions of regret 'that he would

have to drink the Royal Family's health after dinner at his own

expense,' and such-like observations."

Another aspect of the digger-hunting process is given by Mr. R. M.

Sergeant, correspondent of the _Geelong Advertiser_:--

"'Traps! traps! Joe! Joe!' were the well-known signals which announced

that the police were out on a license raid. The hasty abandonment of

tubs and cradles by fossickers and outsiders, and the great rush of

shepherds to the deep holes on the flat as the police hove in view,

readily told that there were not a few among them who believed in the

doctrine that 'base is the slave who pays.' Hunting the digger was

evidently regarded by Commissioner Sleuth and his hounds as a source of

delightful recreation, and one of such paramount importance to the State

that the sport was reduced to an exact science. Thus, giving a couple of

dirty constables in diggers' disguise jumping a claim, the gentle

shepherd approaches, with dilapidated shovel on shoulder, and proceeds

to dispossess intruders in a summary manner. A great barney ensues. The

constable and his mate talk big, a crowd gathers round, and 'A ring! a

ring!' is the cry. The combatants have just commenced to shape when the

signal referred to at the head of this paragraph rings through the flat.

On come the traps in skirmishing order, driving in the stragglers as

they advance, and supported by mounted troopers in the rear, who occupy

commanding positions in the ranges. A great haul is made, and some sixty

prisoners are marched off in triumph to the camp, handcuffed together

like a lot of felons, there to be dealt with according to the caprice or

cupidity of their pursuers."

Raffello, in his history of the Ballarat riot, says:--"At the shouting

of 'Joe! Joe!' the diggers without licenses make for the deep shaft, and

leave a licensed mate or two at the windlass. The diggers were besieged

by a regiment of troopers, and traps under their protection would

venture into the holes. The sight of the rich-looking washing stuff in

possession of some lucky diggers aroused the cupidity of the police, and

often made them blind to the condition of the unfortunate ones. Some of

the traps were civil enough, and felt the shame of the duty, but others

enjoyed the fun. The authorities generally treated the diggers very

harshly. Troopers would scour the neighbouring bush, and all the

unfortunate diggers they captured were tied to the stumps of trees, and

left there until the hunt was over, when the captives were collected and

taken to the depôt which the traps established in order to bring

together the whole of their victims. From there the batch of prisoners

were marched off to the camp, and fined £5, or imprisoned. So much for

the unlicensed digger. The digger who wished to obtain a license was

obliged to travel a few miles, and then was often kept waiting at the

Commissioner's tent for two or three hours."

Australian Heroes and Adventurers · 第 5 / 8 章