Category Archives: This Week in Port Phillip District 1841

What about poor George Arden?

You might remember that since February 1842, the young editor of the Port Phillip Gazette had been languishing in the Eastern Watchhouse, sentenced to a year’s jail and a £300 fine for contempt of court over an article he had written in his newspaper.  During March, his imprisonment had become increasingly controversial, spurred no doubt by articles in his own paper, the Gazette, and through the support of the Port Phillip Herald.  Competing petitions were circulating Melbourne:  a petition to Her Majesty had been put up by Arden’s friends, while a counter-memorial, addressed to Judge Willis, pledged the support of the signers for Willis’ actions and performance as Resident Judge. Another petition to Governor Gipps admitted Arden’s wrongdoing but argued that after two months, Arden’s business and health were suffering badly and called on Gipps to remit the remainder of the twelve month sentence.

On 15th April, Judge Willis announced in court that, owing to Arden’s poor health and having succeeded in stopping the libels appearing in the press, he was willing to remit the rest of the sentence. “Your imprisonment has been as painful to me as it must have been to yourself” he claimed (PPP 18/4/42)- something that I very much doubt! He said that as the £300 fine rested with the Executive, he was not able to remit that part of the sentence, and gave him twelve months to pay it. The editor of the Port Phillip Herald, George Cavenagh, and George Thomas from the firm Thomas, Enscoe and James, stood surety for Arden’s appearance in twelve months time to pay the fine. Willis questioned them severely in court over their ability to cover the £300 should they be required to do so.  As it turned out, the fine was remitted after all. Gipps turned the whole question of what could/couldn’t and should/shouldn’t be remitted over to the Attorney-General and Solicitor-General in Sydney, who said that Willis did not have the authority to remit any part of the sentence because that authority rested completely with the Governor. On 14 May Governor Gipps remitted the whole sentence (jail and fine) and reported on the whole affair to London. The Secretary of State for the Colonies approved of Gipps’ actions and expressed regret that Willis had behaved as he did.

The Port Phillip Herald, which had supported Arden throughout,  applauded Willis’ actions:

we sincerely thank His Honor Judge Willis for the important act of mercy which has been extended to a brother editor.  To say that we do not feel grateful to His Honor for this act of grace would be to belie our conscience; and most sincerely do we trust- in recording our determination to bury the past in oblivion- that our future course as an impartial and fearless chronicler of passing events, may be cheered onwards by bearing testimony to the fact that our Resident Judge has gained the united esteem of a happy people. [PPH 19/4/42]

The Port Phillip Patriot, no friend to Arden and a strong supporter of Judge Willis wrote:

Mr Arden certainly does not deserve, and we should think cannot expect further grace, for he had not even the courtesy to offer his thanks to the Resident Judge when unexpectedly released from a ten month’s confinement, and neither in word nor deed since has he shewn himself in any degree grateful for an act of spontaneous kindness on the part of his Honor, which has excited the admiration of every one in the province but him whom it most concerned.” [PPP 25/4/42]

Strike!

Even though there were accusations that the British government was ‘shovelling out its paupers’ to Australia, at first the emigration schemes were meeting a real need for labour in Port Phillip.  By early 1842, though, the ships kept arriving into an economically worsening situation.  Although Governor Gipps was no fan of government work schemes, infrastructure was needed and there was now excess labour available, and so a number of projects were commenced including the construction of roads and jetties. The newspapers kept up a steady stream of complaints about the expense of government works and the indolence of the labourers employed on them.

On 19 April 1842 La Trobe announced that the wages for unemployed immigrants would be reduced from twenty shillings a week to eighteen shillings a week.  Martin Sullivan in his Men and Women of Port Phillip (p. 219) suggests that about two hundred men went on strike.

IMMIGRANTS On Tuesday last, a large party of the Irish emigrants, who have hitherto been employed by Government on the new road to the beach, “struck” work, and mounting a loaf on a long pole crossed the breakwater when they were joined by another party of the same class, and then proceeded to the Superintendent’s Office to resist the reduction of their wages as intended on Saturday last.  Failing to see His Honor, they paraded past the new Church in the direction of the Flag Staff evidently in a state of excitement and bent on mischief.

The intelligence was communicated to the Bench, whereupon the Major hastily adjourned the Court, and putting the Riot Act into his pocket, mounted his Bucephalus, and galloping after them, overtook these gentry on the outskirts of the town.  The matter spread like lightning through the town and parties were seen in all directions hasting to “the row”.  The Major rode in amongst them, and enquiring their complaint, was told that the reduction in their wages deprived them of the means of getting bread. By the good humour and coolness of the worthy magistrate, most of the insurgents drew off, but a few of the more refractory spirits breathed “battle, murder, and sudden death.” In fact, we heard one fellow exclaim – “wouldn’t it be better to fight an’ die, than to live and starve,” by which sentence he punctuated by sundry gyrations with a black-thorn shillelagh.

On the Major’s return to the Police Office, the overseer of emigrants was in attendance and a list of their names handed into Court; he said he could not mention any of the ringleaders names, as they appear to rise en masse, the whole affair having the appearance of a previously concerted determination. The first four names on the list were taken and warrants issued for their persons. If prompt measures are not taken in this matter at once, serious consequences may ensure.  The origin of this disturbance arose from wages of the single men and men of small families being reduced from twenty shillings to eighteen shillings per week, and from this reduction of two shillings, they anticipated starvation. [Port Phillip Herald 22 April 1842]

The strikers didn’t get a lot of sympathy from the newspapers.  There was a strong anti-Irish undercurrent running through the commentary. The Port Phillip Herald, which was the most critical of the three newspapers didn’t hold back:

… in speaking of the whole generally, we may safely say that such another specimen of ignorance, and everything that can render human nature degraded, could scarcely be again witnessed in any other part of the globe. They must have come from the inland – almost impervious recesses of the mountainous districts of the south of Ireland, knowing little except what untutored instinct teaches, and directed by no other law than the impulse of a savage passion. We are well aware that many have been seduced from their homes by the misrepresentations of emigration agents and other interested parties, but we also know, and these very men who have been the ringleaders in the late “strike” cannot be ignorant, that scarcely one of them was ever before in a situation where they might be so comfortable. Even the ablest and best labourers of the peasantry of England, Ireland the Scotland, do not receive more than one shilling a day, out of which they have to pay house rent, and provide food and clothing for themselves and families, and, besides, work hard from morning to night; here they have 3s 4d a day, and food as cheap as in almost any part of the world; only a very moderate quantity of work is required in return, and they are at liberty to make their present situation a conveniency until they can enter into a better arrangement. As a proof that they are themselves aware of the present advantages, we may mention what we ourselves know to be a fact, that one of the men, who was the most prominent of the disgraceful characters who figured on Tuesday last, refused, only a few days previously £35, with free house, rations &c for himself and wife, and to shew also that they do not consider themselves hard wrought, we may adduce another example of one- also of the ringleaders, going to a ship-mate and endeavouring to persuade him to get upon the public works, as “he would only have to pass a part of the day with a shovel in his hand and come home with £1 in his pocket on Saturday night. [PPH 26/4/42]

The Port Phillip Patriot, which could perhaps be described as the most ‘radical’ of the three newspapers, didn’t have much time for them, either:

At least three-fourths of these fellows would have considered themselves happy in their native country if in the receipt of six shillings a week, and many of them scarcely ever saw a loaf of bread, or tasted butchers’ meat, before they embarked for Melbourne; it would be serving the ungrateful rascals but right therefore to turn them every one adrift, and let them shift for themselves. There is no fear of their starving, for there is abundance of employment and good wages to be had in the province by every body that is able and willing to work , and it would be wrong to encourage such black ingratitude by inducing the fellows to think they can’t be done without. When the immigration season re-commences we trust care will be taken to send us no more of these fellows. It is a notorious fact, that while these men have hung on, some of them for many months, every English, Scotch, and North of Ireland immigrant has been engaged immediately on arrival, and such, we feel assured, would be the result were half a dozen ships of well selected immigrants to arrive to-morrow. The importers of immigrants, who inundate us with this description of men, have much to answer for. [PPP 21/4/42]

I’m surprised that the Port Phillip Gazette ended up being the most sympathetic

… the event, we presume, is one of little moment, as regards the peace of society; for considering the badness of the times, few will say that the men have not been as well treated as possible; but as there certainly have been grounds for complaint, we ought not to look with indifference upon these evidences of discontent, however untutored. [PPG 20/4/42]

As it turned out, the strike was of little moment.  The men went back to work for eighteen shillings; more unemployed men kept being employed on government projects and the newspapers stopped talking about it.  For now, anyway.

A night at the Assembly Ball

Back in June and October of 1841 Melbourne hosted two assembly balls.  Now in April, there was a third subscription ball, although it was a much less anticipated event than the ball in October had been when Governor Gipps was in attendance.

THE ASSEMBLY BALL. “On Tuesday evening the 5^th of April, the third of the annual subscription meetings, under the name of Melbourne Assemblies, was held in the long room of the Exchange Hotel, the decorations and refreshments under the able management of Mr Howe, confectioner, of Queen-street, were as brilliant as on former occasions, the party however was much thinner, not exceeding seventy ladies and gentlemen; but the last, we must recollect, was indebted for its superior attractions to the presence of His Excellency the Governor and suite. Owing to the delicate state of his lady’s healthy, His Honor the Superintendent was not in attendance. Messrs Airey and Cuninghame and Major St John were the stewards for the occasion. [PPG 9/4/41]

A night at the theatre

On 11 April the Port Phillip Patriot reported that the Colonial Secretary had granted an extended licence for three months for the performance of amateur theatricals.  The theatre generally was a source of anxiety about the ‘low types’ amongst ‘professional’ thespians and the boisterous, immoral behaviour of the patrons. To head off these criticisms, the license was granted to relatively ‘respectable’ men to act as stewards: Hon Mr Murray and Messrs Cavenagh (editor of the Port Phillip Herald), Kerr (editor of the Port Phillip Patriot), Stephen, Ebden and Baxter.  The theatre would only operate on Monday evenings, with surplus funds applied at the discretion of the stewards to such bodies as the Benevolent Hospital, the Mechanics Institution etc.

They engaged the Pavilion, (interchangeably called the Theatre Royal) a theatre that I’ve written about previously here and here. An advertisement duly appeared in the newspapers

[PPP 14/4/42]

Well, the evening went off with a ‘bang’. Literally.

The Aristocracy. — During the performance of the amateur theatricals on Mon day evening, a couple of Melbourne aristocrats, one a member of the Melbourne, and the other of the Port Phillip Club, amused themselves, and annoyed the audience by throwing fireworks among the ladies in the boxes, and otherwise conducting themselves so disgracefully that the Clubs to which they respectively belong, cannot, if they have any regard to their own reputation, allow them to continue members. One lady had her bonnet burnt through, and her face severely scorched by a burning squib thrown into the box by these worthy scions of the aristocracy ; and another was so dreadfully alarmed by one of the burning squibs bursting on her dress that she fainted, and has since had repeated fits of hysterics. Fortunately, enough of evidence has been obtained to bring home guilt to both of the ruffians, who, it turns out, are actually making their way through the Insolvent Court, and were therefore spending in this way the money which belonged to their creditors. Summonses have been issued to compel their attendance at the Police-office, and we trust Major St. John will deal with them in such a manner as will prove a warning to others.  [PPP 21/4/42]

Sure enough, the ‘Melbourne aristocrats’ fronted up to the Police Office to face charges of creating a disturbance by throwing fireworks into the boxes.  It was young Peter Snodgrass- and remember that name because we’re going to meet him again next month. He had written to the stewards and apologized and so none of the stewards wished to proceed against him. Major St John, in quashing the information, remarked “that he was not surprised that young men should misconduct themselves in such a manner when, as he was informed, the boxes which should have been reserved for families were filled with women of improper character” and threatened to write to the Colonial Secretary to withdraw their licence. Mr Kerr (one of the stewards) denied it and “though not himself in front of the house of the occasion referred to, he was aware that there were no females of improper character admitted, but the three who were brought there by the persons concerned in this disturbance, and they were prevented re-entering the Theatre when their characters became known”. In a little aside, the editor of the Port Phillip Patriot added that the Major should be more careful issuing such statements. “There were many highly respectable families in the boxes on Monday evening who of course will not feel greatly flattered by the Major’s complimentary remarks.” [PPP 25/4/42]

‘The Eagle Tavern and Theatre Royal’ by W. F. E. Liardet (1799-1878) Source: State Library of Victoria

http://handle.slv.vic.gov.au/10381/151529

And all’s well that ends well, as they say in the theatre, with the second performance the following Monday regarded as a complete, and highly respectable, success:

Amateur Theatricals.-— Monday night, the second occasion on which the theatre has been opened under the present license, was a night of complete success; the house was filled to excess before the expiration of the first piece. During the week which intervened since the previous performance, an alteration had been made in the interior with regard to the arrangement of the pit and boxes, which was obviously superior : the front boxes had been brought to the same level with the pit, and the division taken away so as to form one arena from the entrance to the stage: the side boxes were reserved exclusively for the parties by whom each had been engaged for the night, with the exception of the two nearest the proscenium, which were indiscriminately filled with respectable parties making choice of the situation. The agitation which had been made respecting  the questionable system of admission allowed by the stewards, on the last occasion, has effected, through the instrumentality of the Police Magistrate, a most commendable reformation; and respectable families have to thank Major St. John for the pleasure they enjoy of visiting the theatre, without being mixed up with scenes and persons of an objectionable class. The boxes were patronised by several ladies among whom were Mrs.D. S. Campbell, Mrs. David M’Arthur, Mrs. Hazard, Mr. Erskine, Mrs. Addis, Mrs.Harrison and Mrs St. John, besides Maj of St-John, Capt. Lewis, Mr. Ryrie, J.P., Mr, Commissary Erskine, Mr. Ensign Freeman, of the 80th, Hon. Mr. Murray, and a great number of gentlemen who filled the passages at the back of the seats, until standing room was lost. This, by the way, might be amended for the better: the backs of the boxes should be taken down, and another row of seats carried up, leaving only sufficient width between the wall and the uppermost seat for entrance and exit.  The passages at present are crammed, to the Inconvenience of the gentlemen themselves, who, to judge by their conversation, would prefer sedentary accommodation and in some cases to the serious annoyance of ladies, who have to crush through the ranks of coated and hatted loungers [PPG 27/4/42]

How about the weather?

Melburnians know that April is a changeable month. Our 1842 Melburnians found that out too.

THE WEATHER Since our last notice, has exhibited one of those sudden extreme contrasts for which, in these regions, it is so remarkable. The oppressive heat has been succeeded by squally weather and stiff sea breezes; considerable quantities of rain have fallen during the past week, bringing relief to nature, animate and inanimate. Through the whole of Wednesday and Thursday, it blew a fresh gale from the south-west which is now succeeded by a more genial state of atmosphere. [PPG 9/4/42]

On the 9th of April, it was 79 degrees (26C) but by the 27th of April, it was still only 49 degrees (9C) at lunchtime.   Ah- Melbourne! You wouldn’t be anywhere else for quids!

Of course, Port Phillip celebrated Christmas on 25 December, along with the rest of the British Empire.  In 1841, 25 December was a Saturday, thus providing a two-day holiday. It’s a sobering reminder of the rarity of holidays in the nineteenth century, with no paid leave available until 1935.

Christmas Day falling on a Saturday gave two consecutive holidays to the labouring classes, in whose pleasures, as well as that of the residents at large, the unusual coolness of the weather at this time has greatly contributed (PPG 29/12/41)

[Casualization and barely-restricted retail opening today means that a proportion of workers no longer get paid annual leave, or indeed two consecutive days holiday.  The traditional January-shutdown of industry is becoming a thing of the past, too.]

Christmas celebrations

I’ve written about Christmas in Port Phillip in 1841 here and about Christmas in Port Phillip during the early 1840s here.

However, on 5 January a letter was published in the Port Phillip Herald by a Mr. J.R.M. of Douttagalla, praising the simple joys of a Christmas ‘pic-nic’ on the Salt River. It all sounds rather too wholesome and improving:

 A PIC-NIC AT THE SALT WATER RIVER, CHRISTMAS 1841

“Here, for retreat in sultry hour

Some hand had formed a rustic bower;

It was a lodge of ample size

But strange of structure and device

Of such materials as around

The workman’s hand had readiest found”

 

I was repeating these lines as I entered “the sylvan shed” where our little party had laid out to pass the afternoon. But my attention was soon arrested by the exceeding beauty of the scenery around us.  There, in the foreground, and only a few yards from our feet, lay a noble sheet of water, calm as “a cradled infant”, and margined with various specimens of the monoperigynae and monopetalae. Up the slanting sides of the ravine grew the tall and stately tea tree and cleagni, interwined with the teazles and woodbines of the corisantherae, here and there pushing out a pretty pale corolla, as if beauty and innocence had been engaged in decorating grace.  Farther off in a deep recess, the gigantic gum-gree stretched forth its bare white branches, like a skeleton in a green house! Or like a dream of paradise after death had entered there! The field of view from the bower was such a picture of nature’s own beautiful embroidery as would have elicited and harmonized with the exquisite imagery of Claude Loraine.

The party consisted of no more than Mr and Mrs H____ with their six fine children and myself. The boys entertained us by reading and reciting in excellent style pieces selected for the occasion; and the little girls, playful and sportive as young fawns, went skipping about in all the happy enjoyment of domestic felicity…

The viands were in admirable keeping with this little family picture:- plain, substantial and elegantly laid on the greensward, canopied by wreaths of flowers and foliage, as if the Naiads and Limnades had consecrated this spot to retirement and primitive innocence…

On leaving this scene of rural and domestic happiness, I could not help reflecting on it with pleasure and admiration. There sat the fond father and mother in the bosom of their young amiable family, enjoying their pleasures, and participating their amusements. How truly rational these enjoyments! And how exalted they stand in contrast with other anniversaries I had previously witnessed of a Chrismas merry-making- where reeling riot and desecration had usurped the throne of intellect, and man- the lord of the creation- seemed to have forgotten dignity, abandoned reason, and trampled on gratitude to HIM whose name was announced at this happy season in “tidings of great joy to all the people,” and should fill the heart with love and joy, and ineffable glorification at a Christmas merry-making.  J.R.M. Douttagalla, 27 December 1841.

Getting rowdy

Perhaps it was too much Christmas cheer, or the warm weather, or the increase in numbers of immigrants, but it seemed that the newspapers- most particularly John Fawkner’s Port Phillip Patriot – were especially conscious of unruly behaviour among the labouring classes.

Rowdy groups appeared to congregate around Little Bourke Street, which by 1855 was a centre of Chinese activity.  Already in 1841 it was known as a slum area.

SABBATH BREAKING. A number of idle vagabonds are in the constant practice of openly profaning the Lord’s Day by congregating in Little Bourke-street and there amusing themselves by gambling with half-pence, playing at ball &c. On Sunday week we observed about thirty persons employed in these practices.  The non-apprehension of the ringleaders in these sports evinces a very unpardonable negligence on the part of the constabulary; we trust, however, that this public notification of the nuisance will have the effect of preventing  its recurrence. (PPP 27/12/41)

Nefarious activities took place off the street as well:

DISORDERLY HOUSE One of the greatest nuisances which has existed in Melbourne for some time past has been a house of ill-fame situated in a lane leading from Bourke-street. On Friday last, at the police office, two notorious characters named Peter and Elizabeth Toote, were fully committed to take their trials for keeping this nest of infamy. From the evidence for the prosecution, it appeared that scenes of the most revolting nature were there nightly carried on, and that it was also a receptacle for the most notorious thieves in Melbourne. (PPP 27/12/41)

On the 27th December there was a ‘riot’ in Brunswick Street Fitzroy (then known as New Town).

DISGRACEFUL RIOT – A most disgraceful scene took place on the night of Monday last, in the neighbourhood of Brunswick Street, New Town. Some vagabonds of both sexes, principally Irish, had congregated together and were engaged in fighting each other with sticks, tomahawks, stones or any other missile which they could conveniently obtain, accompanying their efforts with vollies [sic] of oaths and imprecations; nor was peace and good order restored the whole evening. As the constabulary force is to be increased by twelve men at the end of the present year, we trust that the authorities will see fit to station at least two of that number at New Town where they are much required. (PPP 30/12/41)

It was a shame really, as the Police Magistrate had just that day acquitted all but one of the revellers arrested over the Christmas/Boxing Day holiday:

VOTARIES OF BACCHUS. On Monday last, the Police Magistrate discharged all the parties, with one exception, who had been taken up during the Christmas holidays for drunkenness, the exception was that of an old offender, who has accommodated with a seat in the stocks for four hours. PPP 30/12/41)

Concert and Tradesmen’s Ball

There was more to do than brawl on Monday 28th, because it was the night of the Tradesmen’s Ball. It was held at the Pavilion Theatre, which I have described previously.

CONCERT AND BALL. By PHIL GARLIC

“.Past ten o’clock” sang out the watchman, as we were wending our way homewards through Great Bourke-street. “Past ten o’clock,” and the information came to us unexpectedly for we had been engaged in ” counting hours for minutes,” we had, in fact, been Romeo and Julietizing; the scene in Capulet’s garden was fresh in our remembrance, and as we soared along we repeated to ourselves

“The brightness of her cheek would shame those stars

As day light doth a lamp : her eye in heaven

Would through the airy region stream so bright .

That birds would sing, and think it were not night.”

How far we would have gone on in our rhapsody is uncertain, had not the Pavilion presenting the unusual aspect of an illuminated front burst upon our view, and we paused to inquire the meaning of such an appearance. Mr. Hodge informed us that the tradesmen of our infant city were celebrating Christmas by holding a concert and ball, and his kindness politely afforded us admission to the scene of festivity.

We will not say that our eyesight was dazzled by the beauty and splendour of the scene, but we must say that we were charmed by the neat dresses and happy faces every where visible. Many of the ladies were in “full dress” in honour of the occasion ; one in particular, who had arrayed ” the temple of her thoughts” (a very handsome little edifice it was) in artificial roses bound up with pearl white satin ribbon, we admired exceedingly. On the other hand, we will not deny that we experienced sincere emotions of pity for several of the dear creatures, who were compelled to hold their bonnets on their knees to avoid their being crushed, and were thus kept in a fidgety state, the whole evening; others very wisely tied theirs on the pillars, which had the double effect of putting them out of harm’s way and adding to the ornaments of the building.

We had scarcely taken a hurried glance at these arrangements when a gentleman in very ” dickey” apparel appeared and sang ” Sich a gettin’ up stairs,” which was received with great applause and encored. Then a little boy with a shrill voice sang “Isle of Beauty,” and after that a gentleman splendidly attired in a blouse, with a red button-up waistcoat, and light trousers announced that “as soon as the feenarly was over the ball would commence.” And accordingly we had the finale ” God’ save the Queen'”- but nobody seemed prepared for the ball.

On the contrary, the company, many of whom, to judge from the incessant popping of corks, were enjoying themselves exceedingly, were by no means satisfied with the banquet of sweet sounds dished up by the careful Hodge. Loud calls were heard for “Jack Rag,” and ” Jack Rag”, became with the rougher sex an almost universal cry, till at last we in our simplicity imagined that Jack Rag was a very boorish sort of person not to come forward and speak to his friends, seeing that they were so clamorous for his appearance.. ” Jack Rag” however, turned out to be an epithet conferred on the gentleman who sang ” Sich a gettin’ up stairs,” but he with a proper spirit disdained to appear when called upon so disrespectfully.

The singing, too, was properly speaking over, and Mr. William Cooper, a son of Vulcan, who officiated as master of the ceremonies, stept forward and with it a few stamps a la Richard the Third succeeded one by one in extinguishing the lamps in front of the proscenium, which, as they were severally operated on, sent upwards a I gracefully picturesque cloud of smoke. Loud cries were ‘ now heard for “Mr Cooper’s song,” but Mr. C. was “no wocalist,” and so he assured the ladies and gentlemen. “Cooper’s song,” reiterated a mischievous wag in one of the boxes to the right. ” Lay down,” responded that worthy gentleman looking daggers at the disturber, but the clamour was not so easily subdued, and the noise and calls for the song continued.

The master of the ceremonies looked excessively angry and excessively puzzled.- “Leave them to me, I’ll manage them,” at last imploringly whispered a hanger-on of the establishment  – ” Leave them to you!” indignantly replied the insulted gentleman; “No, I’m master here,” a demonstration which was received with loud applause. ” Ladies and gentlemen,'” continued Mr. Cooper, “but I won’t say the ladies, for they know how to behave  themselves, but I say, gentlemen, I’ve come here to enjoy myself, and I hope you’ve done the same, so don’t let us have no rows.’

Order was then restored, and Mr. C. intimated, that ” as Mrs. C. didn’t feel inclined, he would feel obliged if any lady would lead him off in a quad-drilll.” No answer was made to this appeal, but a respectable costermonger at length succeeded in giving  an impetus to the affair by promenading with a fair friend up and down the stage which would have been n delightful exhibition only that by keeping his hat on he somewhat, marred the effect. A country dance was soon arranged ; ” haste to the wedding,” was struck up, and “hands across” ” up and down the middle ” &c., &c., were gone through in beautiful style. One remark we feel bound to make— we hate egotism in every shape, and therefore we consider the conduct of the gentleman in top boots (” we mention no names,” but we believe him to be an ostler,) who danced in a corner by himself, highly reprehensible.

To conclude ; at eleven we were compelled reluctantly to leave the gay and be-witching scene of festivity, highly delighted at the exhibition of the happiness which prevailed throughout. We consider much praise is due to the getters-up of the affair, not only for the intention, but the successful mode in which they succeeded in carrying it out, and we therefore beg to wish them “many happy returns of the season.” (PPP 30/12/41)

A Christmas Box

I’m not sure about the receipt of Christmas boxes in general, but the apprentice working for the barrister Horatio Nelson Carrington certainly received a box around the ears two days before Christmas. It demonstrates how much physical punishment was condoned under the Master and Servant legislation then in force.

AN UNTOWARD APPRENTICE. — Mr.Carrington, the solicitor, had occasion on Thursday, to bring before the Police Bench an apprentice, for the most improper conduct. It appeared that the previous evening, upon Mr. C. going home and not finding preparations for dinner at five o’clock, as he had directed, he enquired of the boy the reason, when he coolly replied that he had better do it himself ;  naturally irritated, Mr, C. gave him, both correctly arid legally, a box on the ears, when the young urchin turned round and seized him by the lappelle of  the coat,  some knives were lying on the  table, and the boy made towards them, evidently with the view of stabbing Mr.C., who rushed him out of the room. Just as Mr. C. let go of his hold, the boy struck him a violent blow on the side of the head. A horse-whip being produced, Mr C. gave the boy a most judicious whipping, and then handed him to the care oft the police.

The Bench sentenced the boy to fourteen days in a cell, and Mr. Carrington said that he would give up the boy’s indentures and pay his expenses in the Seahorse to Sydney; he belonged to the Orphan School. Mr. C. said further, that the boy had the most vicious turn of mind when spoken to; he was constantly in the habit of replying,” My father was a lag, my mother was a lag, and I hope to be a lag myself.” No doubt the wish of this young gentleman will be carried out in due time. (PPG 25/12/41)

How’s the weather?

Southerly breezes ensured that the weather remained much cooler for this last week of the year. There was one day of 88 degrees (31 degrees) but the rest of the week was more temperate.

Fresh and strong winds or gales almost constant; weather cool for the season and much clouded but with little rain.

And with that- on to 1842!!!  (and 2017!)

The Indigenous Question blows up

[Warning:Aboriginal and Torres Strait Islander readers are warned that this posting contains the names of deceased persons.]

I hadn’t realized until looking through the papers for this week that there were two court trials involving indigenous people running concurrently in Port Phillip during these first weeks of December.  They were very different trials.  The first, involved the ‘VDL Blacks’ or ‘The Tasmanians’, the group of Tasmanian aborigines that George Augustus Robinson had brought over with him when he took up the role of Chief Protector of Aborigines for the district of Port Phillip. I’ve written about Tunnerminnerwait and Maulboyheener on several occasions previously (see here, here, here and here ) They were accused of ‘outrages’ and murder, and had finally been captured and brought to Melbourne.  During this first week, initial hearings were held in the Police Court before a bench of magistrates.

The second trial involved a settler, Sanford George Bolden, who was indicted for shooting with intent to murder an aboriginal native called Tatkier on his squatting run near Layton, down near Portland.

So, we have two trials: one of a group of  indigenous people for murdering a settler, and the other of a settler for intending to murder an indigenous man.  Add to this press outrage, an equivocal government response, the fanning of controversy by a missionary- and the authorities had a problem on their hands.

The ‘Tasmanians’

On Wednesday 1 December the Port Phillip Gazette reported that large benches of magistrates had sat in the Police Court since the preceding Friday to hear evidence on the case.  They sat on Friday, continued on Saturday, resumed on Monday and proceeded on Tuesday, before a large audience.  The Port Phillip Gazette had pretty much made up its mind:

The crimes alleged against them have been too clearly made out to leave any chance of acquittal, and their employment under Mr Robinson for such a number of years, precludes any hope of mercy on the plea of ignorance.  The case, therefore, is one of peculiar and distressing interest: and the only door of escape, or alleviation of guilt, rests in the fact of their having been deprived of their liberty, and enslaved under British authority.

Their conclusion was:

First, the prisoners are civil subjects of the Crown, by the most indubitable proofs of international law; they belonged to a people who were conquered by arms, and who subsequently yielded their independent rights by treaty to the Government of the country.  Secondly, they have a knowledge of British jurisprudence, are acquainted with the moral as well as civil law of the country, and can neither plead ignorance nor self-defence; they are, in fact, condemned under that very exposition of the law which the Resident Judge (from humane motives, but on mistaken principles) laid down in the case of Bon Jon.

So what did the Port Phillip Gazette think should be done? Their prescription was that they should

consider…them as they are- the wildest children of nature, without laws, religion, or obligation- and by taking them under our protection, with a view at once to curb their evil propensities, and instill into their minds the rudiments of our social order; in one word, by introducing a separate system of legislation for the Aborigines…

The editor’s reasons for this stance, however, were steeped in the language and philosophy of the 1840s (however unacceptable it might be to us today):

We do not wish it to be understood, however, that these prisoners are, in consequence of such an issue, to be discharged; their conduct is far too dangerous to authorize so rash a proceeding; they must be placed under restraint; they must no more be considered free or irresponsible agents; civilization, it is proved, has no effect on their savage spirit of destruction. Like the tameless hyena, they are irreformable; they must be placed beyond the means at once of mischief and of want. A similar course should be pursued with all adults: and it is upon the sucking infant only that any complete system of education should be commenced, and progressively practiced. It is in their case only that success can be looked for; and while the present generation remains, specific treatment, distinct legislation, should be enforced  [PPG 1/12/41]

The evidence given over these days to the Police Court  was reported in full in the newspaper.

At the same time the Gazette ran a two-part series giving the history of aboriginal-settler relations in Van Diemens Land, describing the Black War and Robinson’s ‘friendly mission’. The article criticized Protector Robinson in particular on the grounds that once the Blacks had surrendered themselves to him, they never attempted to leave him and that he left them completely to their own control, seemingly taking little notice of them. [1/12/41; 4/12/41]

The trial was set for the next session of the  Supreme Court.  We’ll read more about this case later.

The Bolden case

At the very same time that the magistrates at the Police Court were committing the Van Diemens Land black to trial, the case of Sanford George Bolden was being heard before Judge Willis in the Supreme Court.  I’ve written about this case in Law & History Vol 3, which has recently been issued.  As Willis said several times during the hearing, the Boldens were neighbours of his in Heidelberg, and he was at pains to say that this had not influenced him in the slightest. (I think the Judge doth protest too much.)

Mr Sanford George Bolden was indicted for shooting at with intent to murder, an aboriginal native named Takier [Tatkier], with a pistol loaded with powder and a bullet at Layton, on 1^st November. The second count charged it to have been committed with power and shot.  And the third with powder and slugs. [PPG 4/12/41]

Reading through the trial reports – and there is a very full account of the trial in the Port Phillip Patriot of 6 December (see here) – you’ll see that Judge Willis took a very active part in this case.  He usually did, but it is particularly marked in this case.  Much of the case revolved around the failure of the Assistant Protector Charles Sievwright to follow proper procedures in taking evidence. Willis certainly had cause to criticize. Sievwright indicated to Bolden that the body of Tatkier had been found, when this was not the case. Moreover, Sievwright was the object of rumour about his domestic arrangements and strongly criticized by the settlers.  Willis certainly didn’t hold back, and this criticism at a time when the Chief Protector, George Augustus Robinson, was being held responsible for the Tasmanian added to a generalized attack on the Protection policy as a whole.

La Trobe was blamed by the settlers, too. In an editorial on 11 December, the Port Phillip Gazette complained that Willis said that he can act against natives for depredations on the whites but La Trobe discountenanced the practical amenability of the natives to that law. Willis said that a settler who had the privilege of a run from the Government had a right to exclude the intrusion of the natives but when settler brought complaints before La Trobe, he intimated that they must abide by the consequences of coming to a country infested with savages. [PPG 11/12/41 p.2]

Most importantly in this case, Willis clearly stated that leaseholders had the right to turn aborigines off their land.

“ I wish it to be distinctly understood from this bench, that if a party receives a licence from Government to occupy a run, and any person white or black come onto my run for the purpose of stealing my property, I have a right to drive them off by every lawful means in my power. … The blacks have no right to trespass unless there is a special clause in the licence from the government  [PPG 4/12/41]

This statement was received with alarm by both La Trobe and Gipps, who feared that this would encourage settler violence even more.  The settlers, however, warmly embraced Willis’ opinion. It took the Colonial Office until 1848 to definitively state that pastoral leases were

not intended to deprive the Natives of their former right to hunt over these Districts, or to wander over them in search of subsistence in the manner to which they have been heretofore accustomed… [Earl Grey to Fitzroy 11 February 1848]

By this time, of course, Willis was long gone from the colony and the Port Phillip frontier completely ‘pacified’.  But back in the courtroom in 1841, Willis instructed the jury that

you can find no other verdict than an acquittal of the prisoner… I tell you again and again, the prisoner must be acquitted.”  [PPG 4/12/16]

And Bolden was, too.  Although his acquittal was not without some dissension.  Edmund Finn, writing as ‘Garryowen’ felt that Willis’ charge to the jury was “so favourable to the prisoner as to amount to marked partiality”(p. 350).  One of the jurymen stood up in court to declare that Bolden left the court “without the slightest imputation on his character”, but he was contradicted by the foreman of the jury who said that that was not the unanimous opinion of the jury.

A missionary has his two-pennethworth

Just to add to the controversy, the Wesleyan missionary repeated to a Wesleyan meeting in Melbourne comments that he had previously made in Launceston where he had accused some Portland settlers of parties of going out on the Sabbath with guns, ostensibly to shoot kangaroos, but in reality to hunt and kill blacks. Because the evidence of the native was not admissible in court, he claimed,  the white murderers had escaped with impunity.  [PPP 6/12/41 p.2]  The settlers of the District published a letter in the newspapers denying his claims and stating that

the information by which you seem to have been guided is false and calumnious… we would call upon you to justify yourself for having made such statements by attempting to prove at least some of your many and heavy charges. [PPG 8/12/41]

One of the signers was Sanford George Bolden.

Wreck of the William Salthouse

During the first week in December, the Port Phillip Gazette reported the loss of the William Salthouse, the first vessel to be wrecked within the bay of Port Phillip itself. A 260 ton vessel, bound to Port Phillip from Quebec, it was laden with timber, flour saltfish, beer, cider and vinegar. It was wrecked at the Heads on the reef that runs out from Point Nepean.

This reef we may observe was never properly laid down, it is represented as terminating abruptly at the last rock which shows itself above water, whereas the dangers continue under water at various depths, to the length of a cable or about 110 fathoms. [PPG 4/12/41]

The ship was boarded by one of the pilots from Shortland’s Bluff but she was unmanageable; the pilot gave her a second anchor but it snapped and the barque ran onto the sand known as the Pope’s Eye.  The water was rising.

The captain and the sailors succeeded in saving the ship’s boats and the sails of the ship, together with the ships papers, and some portion of their own clothes, but as the vessel was rapidly settling down in the water, they were speedily compelled to abandon her and take refuge on shore until assistance came to their aid. [PPP 2/12/41]

The owner of the consignment, Mr Ashurst, sailed down to render every assistance in his power.

On reaching the wreck, it was seen that no hope remained of saving the vessel or the cargo- she had fallen off the shoal into deep water…It is expected that she will go to pieces in a short time, especially as the weather has been very rough and the window blowing hard from seaward since the hour she sank.[PPG 4/12/41]

And sure enough, within a week there was an advertisement in the papers advertising that James Cain had purchased the wreck and cargo:

The undersigned having purchased the above wreck with all her cargo, hereby cautions all persons from appropriating any portion of the same.  Any person picking up any part ashore or afloat will be paid a salvage on delivery to JAMES CAIN, Queen’s Wharf. [PPG 11/1241 p 2]

The William Salthouse is now one of Victoria’s most important shipwrecks and is on the Victorian Heritage Database.  But at the time, as the Port Phillip Patriot pointed out:

The William Salthouse was, we believe, the first vessel excepting the prison ship Buffalo with the Canadian rebels, that ever came direct from British North America to any of the Australian Colonies, the catastrophe is therefore doubly to be deplored as likely to case of damp upon an opening trade which might have proved highly advantageous to these Colonies.[PPP 2/12/41]

And how’s the weather?

Obviously it was typical early-December weather, with all the changeability we Melburnians have come to love (?!) The highest temperature for the week was recorded as 88 (31C) and the lowest 45 (7.2).  It was notable enough for the Port Phillip Gazette to devote a long paragraph to Melbourne’s Favourite Topic:

The Weather. – The variations of temperature which have marked the past week are worthy of notice — the extreme of heat during the season has probably taken place, and the most sudden alteration which we may experience has accompanied it. For several days previously, the weather showed all the indications of gloom, storm, and heat. On Saturday,fitful gusts of wind swept over the town,and caught up columns of dust and sand into the air, which were carried away in whirlwinds, that gave a miniature idea of the horrible simooms of the Eastern dessert. One of these, particularly large and well defined, was traced from the river bank across the western end of Flinders and Collins-streets, through the opening in the Church-square ; hence it took the direction of Bourke-street, and enlarging as it proceeded, shot up a column of sand, the ruddy colour of which was strongly contrasted against the blue sky and rarified atmosphere ; the gyrations of the whirlwind, accompanied by a progressive motion carried it diagonally across the Eastern end of the town down to the river bank again, where crossing, it was dispersed on the opposite bank. Sunday was remarkable for its stormy character, the sand flew in broad clouds with a piercing force, that drove the pedestrian from the street, and the squalls raged round the building occupied as the New Church, that the congregation was obliged to disperse without the performance of divine service. One or two heavy thunder showers succeeded, which falling on the shingled roof of St. James’s Church, succeeded in penetrating, those parts where the heat had made the timber covering shrink, and threw down such a shower bath upon the inmates, as compelled many to change their seats. Monday and Tuesday were both sultry and oppressive, and the heat on Wednesday had arisen to a degree that rendered It almost insupportable. Towards the evening, the bush in every direction took fire,and from the signal hill a semicircle of burning forest was visible, through the darkness of the night, for twenty miles in the direction of Geelong. While the sun remained above the horizon the air was perfectly breathless, but at dark a hot northerly wind set in, that drove the fires nearer to the site of Melbourne, and carried with it a smoke that at daylight was descried hanging like a vast pall over the town, and spreading the panic of a conflagration. During this period the thermometer stood at 75 degrees, or nearly the same average temperature as at Calcutta through the year. With the additional stimulus of the sun’s rays the column nearly reached 90, when a sudden shift of wind took place— the sea breeze came up, swept away in the “twinkling of an eye” the superincumbent smoke and brought to the gasping inhabitants the long looked for relief. The mercury shortly fell to nearly 10 degrees below its former mean range, on about 18 degrees in as many minutes. The remain der of the day (Wednesday) was clouded and threatening. On Thursday it rained heavily ; the weather has now resumed its usual tranquility. [PPG 8/12/41]