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The Great Events by Famous Historians, Vol. 17
by Charles Francis Horne
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The treatment inflicted upon the generals arrested in the morning of December 2d was still more disgraceful. Cavaignac, Lamoriciere, 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. Leon Faucher, M. Portalis, First President of the Court of Cassation, and the Duc de Albufera, 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Government decline to publish the letters in which these gentlemen refuse their consent, but even their names are not withdrawn from the list which dishonors them.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 prefets the right to arrest, in their respective departments, whomsoever they please; and the prefets, in their turn, send blank warrants of arrest, which are literally lettres de cachet, to the sobs-prefets 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'etat.

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 proces-verbal announcing the arrival of a commissaire de police, who called upon the High Court to separate. (2) A proces-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.

Very soon after the discoveries, Governor Fitzroy had sent home a memorial from the Legislative Council at Sydney, praying for the establishment of a branch mint in that city, and similar applications soon followed from the other colonies. On March 22, 1853, a Treasury minute sanctioned the applications, and colonial mints were shortly afterward established by order in council. But in the mean while the South Australians had got over their difficulty by passing a colonial act authorizing the issue by the Colonial Government of gold ingots, of slightly higher intrinsic value than the coins they were supposed to represent, stamped with an authentic mark. These ingots were not made legal tender, and the only object of the government mark was to guarantee quality and weight. But they were generally accepted in official and commercial transactions, they tided over the crisis of scarcity, and the Home Government, though with due official caution, approved the action of Governor Young.

In Tasmania, the main difficulty arose from the drain of emigrants. In August, 1851, Sir William Denison wrote home urging the transportation of more convicts or "probationers," on the ground that there would be a great demand for foodstuffs by the neighboring colonies, while the supply of agricultural laborers would be shorter than ever. Both Tasmania and South Australia united in deciding upon the continuance of the system by which free emigrants were sent out at the expense of the land fund of each colony, notwithstanding that such emigrants would probably leave for Victoria immediately after their arrival. Of the existence of this contingency there could be little doubt. On January 16, 1852, the Governor of Tasmania wrote: "I have a number of men who have come back from Mount Alexander after an absence from this colony of not more than eight weeks, with gold to the value of one hundred twenty pounds to one thousand pounds." During the five months which followed the writing of this letter, four thousand persons (most of them wage-earners in the prime of life) left Tasmania for Victoria. As the whole population of Tasmania was at this time only about fifty thousand, the matter was serious. Nevertheless, Tasmania tided safely over the difficulties of the gold period, and even was able to help her sorely tried sister.

For it was upon the newly established Government at Melbourne that the strain of the new era most severely fell. The Government at Sydney was an old and tried institution, with traditions of more than half a century, and a staff of experienced officials under an exceptionally able chief. When Hargraves made his discoveries in 1851, the population of the mother-colony was nearly a quarter of a million, exclusive of the Port Phillip district, and such a population meant a government organization of corresponding magnitude. Moreover, the people of New South Wales had always, from circumstances, been accustomed to much governmental control, and did not resent it; while Victoria had been started as a colony whose people were too prosperous and contented to require more than a minimum of guidance. When the gold discoveries suddenly drew into the colony, not merely the most turbulent characters of Australia, but the crews of deserted ships and the general offscourings of the civilized world, and when, overcome by the contagion, the government officials threw up their posts, one and all, and started for the diggings, it became evident that the Lieutenant-Governor had his hands full. Even so early as November, 1851, he began to anticipate trouble from the preemptive clauses of the Crown Lands Leasing Act of 1847, by which the squatters had a right to purchase land in the neighborhood of the gold-fields. The claims of the squatters barred the way, and the squatters themselves looked with small favor upon a class of men whom they regarded as troublesome intruders, and whose proceedings rendered it almost impossible for the pastoralists to procure sufficient labor to carry on their operations. The squatters chose to overlook two important facts; viz., that they had themselves originally acquired their position precisely as the digger acquired his, and that the presence of the digger, if it raised the price of labor, also enormously increased the prices of the squatter's produce.

But more immediate financial troubles began to press upon the Government. It had been necessary, not merely to add largely to the number of the official staff—to provide additional police, commissioners, magistrates, customs officers, etc.—but also to increase their pay in some proportion to the greatly increased cost of living. Even with an increase in their salaries of 50 or 100 per cent, the subordinate officials would not stay. The sight of the reckless and prosperous diggers who came down to Melbourne to spend the Christmas of 1851, and who flung their gold about recklessly, was too much for the feelings of the civilians. They deserted in troops.

On January 12, 1852, Lieutenant-Governor Latrobe wrote: "The police in town and country have almost entirely abandoned duty," and he begged of the Secretary of State to send military aid. In May, 1852, Sir John Pakington replied, promising six companies of the Fifty-ninth Regiment from China, but subsequently decided to send a whole regiment direct from England. A man-of-war was also to be stationed in Australian waters. A still more welcome assistance came in the early part of the year from the Governor of Tasmania, who sent, at Latrobe's earnest request, a body of two hundred pensioners, who had been serving as convict guards, and who might be expected to resist those temptations which, if yielded to, would result in the loss of their pensions. But all this assistance meant money, and the Government soon fell into sore straits.

It is true that at first the revenue rose substantially. Comparing the income for the quarters ending December 31, 1850, and December 31, 1851, respectively, we find, on general account, an increase of eleven thousand pounds, or about 30 per cent., and, on the Territorial account, or Land Fund, an increase of seventy-three thousand pounds, about 100 per cent. Three months later the increase was about 200 per cent. on the general revenue, while the Territorial revenue was about the same. But the latter fact may be accounted for by the transferrence of the fees for gold licenses to the general revenue. It is more important, however, to notice that, though the revenue was rising, expenses were increasing still faster. Not only had the staff to be doubled, or trebled, at a very large increase of pay, but government contracts for public buildings, printing, stores, fittings, and other necessaries could be placed, if at all, only at extravagantly high prices. "No tenders can be obtained for supplies of boots and shoes; orders have been sent to neighboring colonies for them. Old furniture sells at about 75 per cent. advance on the former prices of new; scarcely any mechanics will work." Latrobe estimated the deficit in the revenue of the year 1853 as nearly four hundred thousand pounds, notwithstanding that he reckoned the whole gold revenue of six hundred thousand pounds as available for general expenses.

In his anxiety the Lieutenant-Governor had at first (December, 1851) proposed to double the license fee of thirty shillings a month; but the proposal had provoked such a storm of opposition that he withdrew it. The revenue from licenses was the source of much contention. The Government alleged that it was not taxation, but rent, of Crown lands, and at first devoted it exclusively to the service of the gold-fields. The diggers denounced it as taxation without representation; and the Legislative Council, almost necessarily in opposition to the Government while the latter was administered by nominees of the Colonial Office, refused to make up deficiencies out of the general revenue. Thus the Lieutenant-Governor was placed between two fires. If he enforced the license fees he angered what was rapidly becoming the largest part of the population; if he relinquished them, he left himself without means to carry on the government of the gold-fields.

From this dilemma he was saved by the receipt of a general permission from the Colonial Office, toward the close of 1852, to deal with the gold revenue in the same manner as ordinary revenue. By placing this fund at the disposal of the Colonial Legislature, the Home Government not only removed a great grievance and relieved the hands of the Lieutenant-Governor from the shackles previously laid upon them by the Colonial Office, but it took a substantial step toward the end that was now acknowledged on all sides to be the ultimate outcome of the new discoveries; viz., the introduction of responsible government. The same despatch contained a still more important concession, authorizing the Lieutenant-Governor to devote the remaining part of the land revenue—viz., that arising from sales and pastoral licenses—"to the purposes rendered urgent by the present crisis." As this fund was jealously reserved by the existing constitutions of the Australian colonies, and devoted, under the provisions of the Crown Land Sales Act, exclusively to the purposes of emigration and public works, it will be seen that the Colonial Office took a strong step in sanctioning its diversion. But it must be observed that the expenditure of this additional fund was placed exclusively in the hands of the Lieutenant-Governor and his Executive Council, acting independently of the Colonial Legislature.

With this assistance, the Lieutenant-Governor struggled on amid increasing difficulties till the spring of the year 1853. By this time the agitation against the license fee had reached an alarming height, for the first successes of the new discoveries had passed away, and, although the export of gold continued to increase, it was by no means at its former rate nor in proportion to the increase of population. At the beginning of September, 1853, there were said to be nearly seventy thousand persons living at the Victorian gold-fields, and many of these, in all probability, earned very little more than mechanics employed in settled work. Hence there was a fair ground for an orderly agitation against the amount of the fee; but, unfortunately, the diggers preferred violent measures. There was some excuse for them. They were not represented in the Legislative Council, for they had sprung into existence as a body since the passing of the Act of 1850, and, though a measure had been introduced with a view to giving them the franchise, it had not yet received the assent of the Home Government. In the mean time, therefore, they could not, through their representatives in the Council, effectively criticise either the existing law or its administration. With regard to the latter, there was obviously room for complaint, for the immense increase of business had compelled the Government to appoint an inferior class of officials, and some of these, at least, succumbed to the strong temptations of their positions.

At the beginning of August, 1853, a petition had been presented by the Bendigo diggers, in which they urged the reduction of the license fee and the grant of representation to the diggers. The Lieutenant-Governor returned a pacific reply, but the delegates in charge of the petition were evidently bent on arousing strong feelings, and they held meetings in Melbourne which went the extreme length permissible to loyal subjects. Still, the Lieutenant-Governor shrank from strong measures, and endeavored to remove one ground of complaint by appointing, as a nominee member of the Legislative Council, a gentleman who was believed to possess the confidence of the diggers. The nomination was at once repudiated by the delegates of the latter, and at the end of August an organized attempt was made to resist the renewal of licenses on the old terms. Hundreds of diggers pledged themselves to pay no more than a third of the sum previously demanded, and those who were inclined to yield to the Government's demands were warned that the agitators would not "be responsible for their safety" if they remained at the diggings. The license system had by this time extended, beyond the diggers, to the storekeepers and other tradesmen at the gold-fields, who were making enormous profits out of the diggers, and these, for the most part, unhesitatingly complied with the demands of the agitators, willing rather to pay the fines for breach of the government regulations than to offend their customers. A daring attack on a private escort of gold near Bendigo, which occurred about this time, showed that the colony was on the verge of civil war.

Just at this moment an event occurred which rendered it impossible for the Government to maintain its position unimpaired with the scanty forces at its disposal. In the middle of September, 1853, the total abolition of the license fee was seriously proposed in the Legislative Council of New South Wales. The news flew like wildfire to Victoria, where the diggers had hitherto looked upon the colonial legislatures—in which, it will be remembered, they were not yet represented—as their natural enemies. It seemed to them now that they had everything in their own hands, and it became clearly impossible for the Government, in the existing temper of the diggers, to exact the full amount of the license fee. A proclamation, hastily published with a view to allay excitement, by an unfortunate omission in the printed copies led the public to believe that the total abolition of the license system was contemplated by the Victorian Government. A select committee of the Legislative Council reported unfavorably upon the system. The Government made the best of a bad bargain, and accepted a fee of forty shillings for the three months ending November 30, 1853; and, on the following day, the Legislative Council passed a new Gold-fields Act, which greatly reduced the fees for diggers' licenses, while it substantially increased those demanded for permission to open stores at the gold-fields. It also provided for the grant of leases of auriferous lands, at a royalty of not less than 5 per cent., and gave legal sanction to the customs regarding the "claims" of diggers, which had gradually grown up to regulate the rival interests of neighboring miners. Offences against the act were to be decided upon by the magistrates; but the accused might demand a court of at least two members, and there was to be an appeal to General Sessions.

These measures were partly successful in restoring order, but it was obvious that the gold-fields contained men who were averse to a peaceable settlement. Notwithstanding that the number of the elective members of the Legislative Council was more than once increased; that, with the full consent of the Home Government, a bill was being prepared for the introduction of responsible government; and that the material condition of the diggers was being rapidly improved, the Lieutenant-Governor had, in January, 1854, to report the formation of a "diggers' congress," which obviously had for its object the supersession of the ordinary government.

Latrobe retired from office in May of the same year, and one of the first points noticed by his successor, Sir Charles Hotham, was the existence of an agitation against the Chinese at the Bendigo diggings. Notwithstanding the enthusiastic character of his reception in his progress through the gold-fields in September, the new Governor soon had to face serious disturbances.

The events of the next few months formed a crisis in the history, not only of Victoria, but of Australia. Naturally there is much dispute concerning them, and, as the following account is taken chiefly from Sir Charles Hotham's reports, it is possible that the acts of his opponents may not obtain strict justice. But it is admitted on all sides that Sir Charles acted with the most perfect good faith; and the accounts given by the insurgents are far too contradictory and prejudiced to receive much credit.

On the night of October 16, 1854, a miner named Scobie was murdered, or at least killed, at the Eureka Hotel, near Ballarat. The Eureka Hotel was a place of no good repute, kept by a man named Bentley, who, as well as his wife, was (it is said) an ex-convict from Tasmania. Suspicion fell upon the couple, and they, with a second man (named Farrell), were arrested by the magistrates, but almost immediately released for alleged default of evidence. The dismissal of the charge excited a storm of indignation in the camp, and a body of diggers at once proceeded to wreck the hotel and lynch the accused. In the latter object they, fortunately, did not succeed, and so rendered themselves liable only to charges of riot and arson, instead of the more serious charge of murder. Four of the ringleaders were, through the prompt measures of Sir Charles Hotham, shortly afterward arrested, and committed for trial. But the accusations of partiality against the officials were too strong to be resisted, and a board of inquiry hastily instituted by the Governor disclosed the ugly facts that Dewes, the magistrate who presided at the hearing of the charge against the Bentleys, had been in the habit of borrowing money from residents, and that Sergeant-Major Milne, of the police force, had been guilty of receiving bribes. The officials implicated were at once dismissed, and the Bentleys and Farrell rearrested and convicted. But the Governor very properly declined to release the arrested rioters, who, shortly before Christmas, 1854, were convicted and sentenced to short terms of imprisonment.

Meanwhile, more disturbances had occurred. Though a commission upon the general condition of the gold-fields was holding its inquiries, in November many diggers again refused to pay the reduced license fees, and, on the 30th of the month, a serious riot took place. The military were called out, the Riot Act was read, and there was some shooting. Eight captures were made, but the lesson had not been severe enough, and a state of open war ensued. The diggers intrenched themselves in a fortified camp known as the "Eureka Stockade," openly drilled their forces in the presence of the authorities, and levied horses and rations from unwilling miners in the name of a "commander-in-chief." At the same time they issued a long political manifesto, which, while it did not avowedly disclaim allegiance to the Crown, contained proposals to which no regularly constituted government could ever have assented.

The Governor at once ordered all the available military force to Ballarat; but, before reinforcements arrived, the coolness and promptitude of Captain Thomas—the officer in command of the troops on the Ballarat gold-field when the riot of November 30th took place—had nipped the insurrection in the bud. Captain Thomas saw that, while the Eureka Stockade threatened to become a serious obstacle to the Government if its completion were allowed, in its uncompleted state it was really a source of weakness to the insurgents. By collecting their forces in one spot, and thus rendering them more exposed to a crushing attack, and by drawing off the men who threatened the government camp, it really left the commander of the troops free to act with decision. Accordingly, Captain Thomas at once determined to attack the position. Assembling his forces (somewhat fewer than two hundred men) at three o'clock on the morning of December 3d, he moved toward the stockade.

At about one hundred fifty yards from the intrenchments he was perceived by the scouts of the insurgents, who promptly fired on the advancing troops. Thomas himself, Pasley (his aide-de-camp), Rede (the resident commissioner), and Racket (the stipendiary magistrate), all of whom were present at the attack, positively assert that the insurgents fired before a shot was discharged by the troops. Upon this reception Captain Thomas gave the order to fire, and the intrenchments were carried with a rush after about ten minutes of sharp fighting. Captain Wise was fatally wounded, and three privates were killed outright; one officer and eleven privates were wounded. Of the insurgents, about thirty were known to have been killed, and many more wounded. Nearly one hundred twenty prisoners were taken. The effect of the victory was, so far as local disturbances were concerned, instantaneous. Even before the reinforcements under General Nickle appeared, all resistance to the authorities had died away; and, though the Governor at once proclaimed a state of martial law, he was able to recall the proclamation in less than a week.

In other districts of the colony the effect was, for a while, doubtful. The extreme reluctance of Englishmen to admit the necessity for military interference by the Government told strongly in favor of the rioters. There was some danger that Melbourne and Geelong, left almost entirely unprotected by the concentration of troops and police at Ballarat, would be taken possession of by rioters from the country districts, and Sir Charles Hotham made hasty application to Sir William Denison, the Governor of Tasmania, for military assistance. Very soon, however, the feelings of orderly citizens asserted themselves. Special constables were sworn in at Melbourne and Geelong, marines from two men-of-war stationed at Port Phillip guarded the prisons and the powder stores, wealthy men volunteered to serve as mounted police, and the arrival of the Ninety-ninth Regiment from Tasmania on December 10th dealt a final blow to the hopes of the insurgents. Even before this event, all the respectable classes in the community had rallied round the Governor, and he felt himself in a position to defy further outbreaks.

But the ugliest feature of the whole affair was yet to be revealed. Out of the large number of prisoners taken at the capture of the stockade, only thirteen were committed for trial, the magistrates being instructed to commit only when the evidence was of the clearest nature. It being considered impossible to obtain an impartial trial by a local jury, the prisoners were brought down to Melbourne, and, after various delays, the charges were proceeded with on February 20, 1855. A Boston negro, named John Joseph, and a reporter for the Ballarat Times, named Manning, were first tried. The latter may have been merely led away by professional ardor in the pursuit of "copy," though the fact that he had been openly drilled and instructed in the use of a pike by the insurgents would seem to show that his zeal was somewhat excessive.

In the case of Joseph, the evidence was overwhelming; he had actually been seen to fire upon the troops, and he was captured in a tent which had been used as a guard-room by the insurgents. No counter-evidence was offered, the prisoners' counsel relying entirely on the alleged absence of treasonable intention. Nevertheless both prisoners were speedily acquitted, and, although the Government wisely withdrew the remaining cases for the time, subsequent trials produced similar results. Ultimately, however, the difficulties of the situation were allayed by the reforms introduced on the recommendation of the commission appointed to consider the whole subject of the gold-fields. This body presented, on March 27, 1855, an extremely able report, in which it recommended the abolition of the license fee and the substitution therefor of a "miners' right" or Crown permission, lasting for a year, and granted for a nominal fee of one pound, to occupy for mining purposes a specific piece of Crown land. The deficiency in revenue anticipated from the abolition of license fees was to be met by the imposition of an export duty upon gold at the rate of a half-crown an ounce.

The commission strongly recommended the granting of the political franchise to holders of "miners' rights," and the provision of liberal facilities for the acquisition of land by the miners. It also advocated the simplification of the existing complex system of government in the mining districts, whereby commissioners, police authorities, commissariat officials, and magistrates all worked independently of each other, and suggested the substitution therefor of experienced "wardens" at the head of elective boards, who should not only dispose, with the aid of skilled assessors, of disputes specially connected with mining operations, but who should have power to issue by-laws adapted to the special requirements of each district.

These recommendations were for the most part carried out by legislation of the same year (1855), and, before his lamented death in December, 1855, Sir Charles Hotham had the happiness being able to report to the Home Government the almost perfect tranquillity of the gold-fields. Moreover, the revenue had not suffered by the substitution of the export duty for the license fees; but the collector of customs was of opinion that the result of the change had been to throw the entire burden of the tax upon the importers of the colony instead of upon the mining population. The Government was not, however, disposed to concern itself with considerations of abstract justice so long as it could collect a sufficient revenue without serious opposition.



(1854) THE RISE OF THE REPUBLICAN PARTY, Abraham Lincoln

The election of 1852 virtually destroyed the Whig party, and Franklin Pierce, the candidate of the Democratic party, was elected by great majorities. If the Whig party had perished because it had no distinct position upon the one overshadowing question of the day, so neither did the new President comprehend the nature and condition of that issue. In his first message he complacently congratulated the country that the slavery question had been settled peacefully and forever by the compromise measures of 1850. He little knew how ineffective were those compromises; he never dreamed that it was a question that no compromise could settle permanently, and probably had no conception of the new force that was to be given to it during his own term of office. Stephen A. Douglas, an acknowledged aspirant to the Presidency, being Chairman of the Senate Committee on Territories, introduced and carried through Congress a measure called the Kansas-Nebraska Bill, which, in providing for the admission of those Territories as States, embodied his doctrine of "Popular Sovereignty" in that it permitted the inhabitants to determine by popular vote whether they should come into the Union as free States or as slave States, and abolished the Missouri Compromise, which for thirty-four years had forbidden the acquisition of any slave territory north of the parallel of 36 deg. 30'.

The abrogation of this compromise, which had been looked upon as a sacred compact, convinced a majority of the Northern people that the system of slavery was filled with the spirit of aggressiveness and determined to spread itself into all the Territories. Consequently there arose for the first time a powerful anti-slavery party, which, while denying that it had any purpose of meddling with that institution in the States where it already existed, declared that it should never be extended into any more of the national domain. At the same time this was a stronger party in favor of the protective tariff than had ever before existed. This organization, which gave itself the name "Republican party," came into existence in 1854, the same year in which Senator Douglas's bill abrogated the Missouri Compromise. There are several claimants for the honor of first proposing it; but as a fact, it sprang into existence with virtual simultaneousness in several of the Northern States. If there was a priority, it was in Massachusetts, where Robert Carter acted as Secretary of the Convention and wrote the resolutions. Two years later this party entered the Presidential contest with John C. Fremont as its candidate. It cast an enormous vote, but was not successful, mainly for the reason that the short-lived American (or Know-Nothing) party was then at its best, and had its own ticket, headed by Millard Fillmore. Four years later still, it nominated and elected Abraham Lincoln as President, and the clearest argument for its existence that ever has been put forth is in Lincoln's first speech in his famous debate with Senator Douglas, which was delivered in Springfield, Illinois, June 17, 1858. The full text of that speech follows herewith.

If we could first know where we are, and whither we are tending, we could better judge what to do, and how to do it. We are now far into the fifth year since a policy was initiated with the avowed object and confident promise of putting an end to slavery agitation. Under the operation of that policy, that agitation has not only not ceased, but has constantly augmented. In my opinion, it will not cease until a crisis shall have been reached and passed. "A house divided against itself cannot stand." I believe this Government cannot endure permanently half slave and half free. I do not expect the Union to be dissolved; I do not expect the house to fall; but I do expect it will cease to be divided. It will become all one thing or all the other. Either the opponents of slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction, or its advocates will push it forward till it shall become alike lawful in all the States, old as well as new, North as well as South.

Have we no tendency to the latter condition? Let anyone who doubts, carefully contemplate that now almost complete legal combination—piece of machinery, so to speak—compounded of the Nebraska doctrine and the Dred Scott decision. Let him consider, not only what work the machinery is adapted to do, and how well adapted, but also let him study the history of its construction, and trace, if he can, or rather fail, if he can, to trace the evidences of design, and concert of action, among its chief architects, from the beginning.

The new year of 1854 found slavery excluded from more than half the States by State constitutions, and from most of the national territory by Congressional prohibition. Four days later commenced the struggle which ended in repealing that Congressional prohibition. This opened all the national territory to slavery, and was the first point gained. But, so far, Congress only had acted, and an indorsement by the people, real or apparent, was indispensable to save the point already gained, and give chance for more.

This necessity had not been overlooked, but had been provided for, as well as might be, in the notable argument of "squatter sovereignty," otherwise called "sacred right of self-government," which latter phrase, though expressive of the only rightful basis of any government, was so perverted in this attempted use of it as to amount to just this: That if any one man choose to enslave another, no third man shall be allowed to object. That argument was incorporated into the Nebraska Bill itself, in the language which follows: "It being the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States." Then opened the roar of loose declamation in favor of "squatter sovereignty" and "sacred right of self-government." "But," said opposition members, "let us amend the bill so as to expressly declare that the people of the Territory may exclude slavery." "Not we," said the friends of the measure; and down they voted the amendment.

While the Nebraska Bill was passing through Congress, a law case, involving the question of a negro's freedom, by reason of his owner having voluntarily taken him first into a free State, and then into a Territory covered by the Congressional prohibition, and held him as a slave for a long time in each, was passing through the United States Circuit Court for the District of Missouri; and both Nebraska Bill and lawsuit were brought to a decision in the same month of May, 1854. The negro's name was "Dred Scott," which name now designates the decision finally made in the case. Before the then next Presidential election, the law case came to and was argued in the Supreme Court of the United States; but the decision of it was deferred until after the election. Still, before the election, Senator Trumbull, on the floor of the Senate, requested the leading advocate of the Nebraska Bill to state his opinion whether the people of a Territory can constitutionally exclude slavery from their limits; and the latter answers, "That is a question for the Supreme Court."

The election came. Buchanan was elected, and the indorsement, such as it was, secured. That was the second point gained. The indorsement, however, fell short of a clear popular majority by nearly four hundred thousand votes, and so, perhaps, was not overwhelmingly reliable and satisfactory. The outgoing President, in his last annual message, as impressively as possible echoed back upon the people the weight and authority of the indorsement. The Supreme Court met again, did not announce their decision, but ordered a reargument. The Presidential inauguration came, and still no decision of the court; but the incoming President, in his inaugural address, fervently exhorted the people to abide by the forthcoming decision, whatever it might be. Then, in a few days, came the decision.

The reputed author of the Nebraska Bill finds an early occasion to make a speech at this capital indorsing the Dred Scott decision, and vehemently denouncing all opposition to it. The new President, too, seizes the early occasion of the Silliman letter to indorse and strongly construe that decision, and to express his astonishment that any different view had ever been entertained!

At length a squabble springs up between the President and the author of the Nebraska Bill, on the mere question of fact, whether the Lecompton Constitution was or was not in any just sense made by the people of Kansas; and in that quarrel the latter declares that all he wants is a fair vote for the people, and that he cares not whether slavery be voted down or voted up. I do not understand his declaration, that he cares not whether slavery be voted down or voted up, to be intended by him other than as an apt definition of the policy he would impress upon the public mind—the principle for which he declares he has suffered so much, and is ready to suffer to the end. And well may he cling to that principle! If he has any parental feeling, well may he cling to it. That principle is the only shred left of his original Nebraska doctrine. Under the Dred Scott decision "squatter sovereignty" squatted out of existence, tumbled down like temporary scaffolding; like the mould at the foundry, served through one blast, and fell back into loose sand; helped to carry an election, and then was kicked to the winds. His late joint struggle with the Republicans, against the Lecompton Constitution, involves nothing of the original Nebraska doctrine. That struggle was made on a point—the right of a people to make their own constitution—upon which he and the Republicans have never differed.

The several points of the Dred Scott decision, in connection with Senator Douglas's "care not" policy, constitute the piece of machinery, in its present state of advancement. This was the third point gained. The points of that machinery are:

Firstly. That no negro slave, imported as such from Africa, and no descendant of such slave, can ever be a citizen of any State, in the sense of that term as used in the Constitution of the United States. This point is made in order to deprive the negro, in every possible event, of the benefit of that provision of the United States Constitution which declares that "The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States."

Secondly. That, "subject to the Constitution of the United States," neither Congress nor a Territorial Legislature can exclude slavery from any United States Territory. This point is made in order that individual men may fill up the Territories with slaves, without danger of losing them as property, and thus to enhance the chances of permanency to the institution through all the future.

Thirdly. That whether the holding a negro in actual slavery in a free State makes him free, as against the holder, the United States courts will not decide, but will leave to be decided by the courts of any slave State the negro may be forced into by the master. This point is made, not to be pressed immediately; but, if acquiesced in for a while, and apparently indorsed by the people at an election, then to sustain the logical conclusion that what Dred Scott's master might lawfully do with Dred Scott in the free State of Illinois, every other master may lawfully do with any other one, or one thousand slaves, in Illinois, or in any other free State.

Auxiliary to all this, and working hand in hand with it, the Nebraska doctrine, or what is left of it, is to educate and mould public opinion, at least Northern public opinion, not to care whether slavery is voted down or voted up. This shows exactly where we now are, and partially, also, whither we are tending.

It will throw additional light on the latter to go back and run the mind over the string of historical facts already stated. Several things will now appear less dark and mysterious than they did when they were transpiring. The people were to be left "perfectly free," "subject only to the Constitution." What the Constitution had to do with it outsiders could not then see. Plainly enough now, it was an exactly fitted niche for the Dred Scott decision to come in afterward, and declare the perfect freedom of the people to be just no freedom at all. Why was the amendment, expressly declaring the right of the people, voted down? Plainly enough now, the adoption of it would have spoiled the niche for the Dred Scott decision. Why was the court decision held up? Why even a Senator's individual opinion withheld, till after the Presidential election? Plainly enough now, the speaking out then would have damaged the perfectly free argument upon which the election was to be carried. Why the outgoing President's felicitation on the indorsement? Why the delay of a reargument? Why the incoming President's advance exhortation in favor of the decision? These things look like the cautious patting and petting of a spirited horse preparatory to mounting him, when it is dreaded that he may give the rider a fall. And why the hasty after-indorsement of the decision by the President and others?

We cannot absolutely know that all these exact adaptations are the result of preconcert. But when we see a lot of framed timbers, different portions of which we know have been gotten out at different times and places and by different workmen—Stephen, Franklin, Roger, and James, for instance—and when we see these timbers joined together, and see they exactly make the frame of a house or a mill, all the tenons and mortises exactly fitting, and all the lengths and proportions of the different pieces exactly adapted to their respective places, and not a piece too many or too few—not omitting even scaffolding—or, if a single piece be lacking, we see the place in the frame exactly fitted and prepared yet to bring such piece in—in such a case we find it impossible not to believe that Stephen and Franklin and Roger and James all understood one another from the beginning, and all worked upon a common plan or draft drawn up before the first blow was struck.

It should not be overlooked that by the Nebraska Bill the people of a State as well as Territory were to be left "perfectly free," "subject only to the Constitution." Why mention a State? They were legislating for Territories, and not for or about States. Certainly the people of a State are and ought to be subject to the Constitution of the United States; but why is mention of this lugged into this merely Territorial law? Why are the people of a Territory and the people of a State therein lumped together, and their relation to the Constitution therein treated as being precisely the same? While the opinion of the court, by Chief Justice Taney, in the Dred Scott case, and the separate opinions of all the concurring judges expressly declare that the Constitution of the United States neither permits Congress nor a Territorial Legislature to exclude slavery from any United States Territory, they all omit to declare whether or not the same Constitution permits a State, or the people of a State, to exclude it. Possibly, this is a mere omission; but who can be quite sure, if McLean or Curtis had sought to get into the opinion a declaration of unlimited power in the people of a State to exclude slavery from their limits, just as Chase and Mace sought to get such declaration, in behalf of the people of a Territory, into the Nebraska Bill—I ask, who can be quite sure that it would not have been voted down in the one case as it had been in the other?

The nearest approach to the point of declaring the power of a State over slavery, is made by Judge Nelson. He approaches it more than once, using the precise idea, and almost the language, too, of the Nebraska Act. On one occasion, his exact language is, "Except in cases where the power is restrained by the Constitution of the United States, the law of the State is supreme over the subject of slavery within its jurisdiction." In what cases the power of the States is so restrained by the United States Constitution is left an open question, precisely as the same question, as to the restraint on the power of the Territories, was left open in the Nebraska Act. Put this and that together, and we have another nice little niche, which we may, ere long, see filled with another Supreme Court decision, declaring that the Constitution of the United States does not permit a State to exclude slavery from its limits. And this may especially be expected if the doctrine of "care not whether slavery be voted down or voted up" shall gain upon the public mind sufficiently to give promise that such a decision can be maintained when made.

Such a decision is all that slavery now lacks of being alike lawful in all the States. Welcome or unwelcome, such decision is probably coming, and will soon be upon us, unless the power of the present political dynasty shall be met and overthrown. We shall lie down pleasantly dreaming that the people of Missouri are on the verge of making their State free, and we shall awake to the reality instead that the Supreme Court has made Illinois a slave State. To meet and overthrow the power of that dynasty is the work now before all who would prevent that consummation. That is what we have to do. How can we best do it?

There are those who denounce us openly to their own friends, and yet whisper us softly that Senator Douglas is the aptest instrument there is with which to effect that object. They wish us to infer all, from the fact that he now has a little quarrel with the present head of the dynasty, and that he has regularly voted with us on a single point, upon which he and we have never differed. They remind us that he is a great man, and that the largest of us are very small ones. Let this be granted. But "a living dog is better than a dead lion." Judge Douglas, if not a dead lion, for this work is at least a caged and toothless one. How can he oppose the advances of slavery? He don't care anything about it. His avowed mission is impressing the "public heart" to care nothing about it. A leading Douglas Democratic newspaper thinks Douglas's superior talent will be needed to resist the revival of the African slave-trade. Does Douglas believe an effort to revive that trade is approaching? He has not said so. Does he really think so? But if it is, how can he resist it? For years he has labored to prove it a sacred right of white men to take negro slaves into the new Territories. Can he possibly show that it is less a sacred right to buy them where they can be bought cheapest? And unquestionably they can be bought cheaper in Africa than in Virginia. He has done all in his power to reduce the whole question of slavery to one of a mere right of property; and, as such, how can he oppose the foreign slave-trade—how can he refuse that trade in that "property" shall be "perfectly free"—unless he does it as a protection to the home production? And as the home producers will probably not ask the protection, he will be wholly without a ground of opposition.

Senator Douglas holds, we know, that a man may rightfully be wiser to-day than he was yesterday; that he may rightfully change when he finds himself wrong. But can we, for that reason, run ahead, and infer that he will make any particular change, of which he himself has given no intimation? Can we safely base our action upon any such vague inference? Now, as ever, I wish not to misrepresent Judge Douglas's position, question his motives, or do aught that can be personally offensive to him. Whenever, if ever, he and we can come together on principle so that our cause may have assistance from his great ability, I hope to have interposed no adventitious obstacle. But clearly he is not now with us; he does not pretend to be—he does not promise ever to be.

Our cause, then, must be intrusted to and conducted by its own undoubted friends—those whose hands are free, whose hearts are in the work, who do care for the result. Two years ago the Republicans of the nation mustered over thirteen hundred thousand strong. We did this under the single impulse of resistance to a common danger, with every external circumstance against us. Of strange, discordant, and even hostile elements we gathered from the four winds, and formed and fought the battle through, under the constant hot fire of a disciplined, proud, and pampered enemy. Did we brave all then, to falter now—-now, when that same enemy is wavering, dissevered, and belligerent? The result is not doubtful. We shall not fail; if we stand firm, we shall not fail. Wise counsels may accelerate or mistakes delay it, but sooner or later the victory is sure to come.



(1854) THE OPENING OF JAPAN, Matthew C. Perry

In view of the events that have followed, the ending of Japan's self-isolation and the opening of that country, first to American commerce, and later to world-wide intercourse, must now be regarded as an achievement of momentous consequence, far exceeding in importance all that even the most prophetic statesmanship of the time could foresee.

Under the shoguns (or military chiefs) who after the seventh century overshadowed the hereditary rulers, the Mikados, there grew up in Japan a feudal system whereby the generals, recognized as overlords, increased and perpetuated their power. The attempts in the sixteenth and seventeenth centuries to introduce Christianity were met with resistance and persecution, and ended in failure. In the same centuries Japan traded with the Portuguese, but excluded them in 1638. After this the Japanese isolation was complete, except for restricted trade with the Dutch, until the conclusion of Commodore Perry's treaty.

About the middle of the nineteenth century a large amount of American capital was invested in the whaling industry in Japanese and Chinese waters, and one motive for the sending of Perry's expedition to Japan was the protection of the whalers. Other things leading to that step were: the discovery of gold in California; the growth of industrial and commercial centres on the Pacific Coast of the United States; increasing trade with China; and the development of steam-navigation, necessitating coaling-stations and ports for shelter in the Orient. At the same time progressive minds in Japan were advancing in knowledge of Western science and political affairs; thus the East and the West were almost prepared for a change in their mutual relations.

In 1851 the United States Government empowered Commodore John H. Aulick to negotiate and sign commercial treaties with Japan. On the eve of his intended departure he was prevented from sailing, and in the following year Commodore Matthew C. Perry, brother of Oliver Hazard Perry, the hero of Lake Erie, succeeded to his mission. He was invested with extraordinary naval and diplomatic powers, his immediate object being to establish a coaling-station in Japan. On November 24, 1852, he sailed from Norfolk with the Mississippi, leaving other ships to follow as soon as ready. With his squadron he entered the Bay of Tokio (then called Yedo) in July, 1853, causing great commotion among the inhabitants of the Japanese capital, who mistook his appearance for a hostile approach. It required both firmness and tact on Perry's part to open friendly communication and present his proposals; but he succeeded in doing so much, and then, saying that in the following spring he would come for an answer, he withdrew to China. In February, 1854, he returned to Tokio with a fleet of eight vessels. After some parley, the Japanese authorities agreed to a conference at Kanagawa, a seaport adjoining Yokohama. Of the negotiations that followed and the treaty in which they resulted, the following pages tell, and Commodore Perry's own account is the best record of his distinguished service not only to his own country and Japan, but likewise to the civilized world.

After concessions made by the Japanese, the greatest good feeling prevailed on both sides, and there seemed every prospect of establishing those national relations which had been the purpose of Commodore Perry's mission. In accordance with the harmony and friendship that existed, there was an interchange of those courtesies by which mutual good feeling seeks an outward expression. The Japanese had acknowledged with courtly thanks the presents that had been bestowed in behalf of the Government, and now, on March 24th, invited the Commodore to receive the various gifts that had been ordered by the Emperor in return, as a public recognition of the courtesy of the United States.

The Commodore, accordingly, landed at Yokohama, with a suite of officers and his interpreters, and was received at the treaty-house with the usual ceremonies by the high commissioners. The large reception-room was crowded with the presents. The objects were of Japanese manufacture, and consisted of specimens of rich brocades and silks; of their famous lacquered ware, such as chow-chow boxes, tables, trays, and goblets, all skilfully wrought and finished with an exquisite polish; of porcelain cups of wonderful lightness and transparency, adorned with figures and flowers in gold and variegated colors, and exhibiting a workmanship that surpassed even that of the ware for which the Chinese are remarkable. Fans, pipe-cases, and articles of apparel in ordinary use, of no great value but of exceeding interest, were scattered among the more luxurious and costly objects.

With the usual order and neatness that seem almost instinctive with the Japanese, the various presents had been arranged in lots, and classified in accordance with the rank of those for whom they were respectively intended. The commissioners took their positions at the farther end of the room, and when the Commodore and his suite entered, the ordinary compliments having been interchanged, the Prince Hayashi read aloud, in Japanese, the list of presents and the names of the persons to whom they were to be given. This was then translated by Yenoske into Dutch, and by Mr. Portman into English. This ceremony being over, the Commodore was invited by the commissioners into the inner room, where he was presented with two complete sets of Japanese coins, three matchlocks, and two swords. These gifts, though of no great intrinsic value, were significant evidences of the desire of the Japanese to express their respect for the representative of the United States. The mere bestowal of the coins, in direct opposition to the Japanese laws which absolutely forbid all issue of their money beyond the Kingdom, was an act of marked favor.

As the Commodore prepared to depart, the commissioners said there was one article intended for the President, which had not yet been exhibited. They accordingly conducted the Commodore and his officers to the beach, where one or two hundred sacks of rice were pointed out, heaped up in readiness to be sent on board the ships. As that immense supply of substantial food seemed to excite some wonder on the part of the Americans, Yenoske the interpreter remarked that it was always customary with the Japanese, when bestowing royal presents, to include a certain quantity of rice, although he did not say whether the quantity always amounted, as on the present occasion, to hundreds of sacks.

While contemplating these substantial evidences of Japanese generosity, the attention of all was suddenly riveted upon twenty-five monstrous fellows who tramped down the beach like so many huge elephants. They were professional wrestlers and formed part of the retinue of the princes, who kept them for their private amusement and for public entertainment. They were enormously tall, and tremendously heavy. Their scant costume, which was merely a colored cloth about the loins, adorned with fringes and emblazoned with the armorial bearings of the prince to whom each belonged, revealed their gigantic proportions in all the bloated fulness of fat and extent of muscle.

Two or three of these huge monsters were the most famous wrestlers in Japan and ranked as the champion Tom Cribbs and Sayers of the country. Koyanagi, the reputed bully of the capital, was one of them, and paraded himself with the conscious pride of superior size and strength. He was especially brought to the Commodore that he might examine his massive form. The commissioners insisted that the monstrous fellow should be minutely inspected, that the hardness of his well-rounded muscle should be felt, and that the fatness of his cushioned frame should be tested by the touch. The Commodore accordingly attempted to grasp his arm, which he found as solid as it was huge, and then passed his hand over the monstrous neck, which fell in folds of massive flesh, like the dewlap of a prize ox. As some surprise was naturally expressed at this wondrous exhibition of animal development the monster himself gave a grunt expressive of his flattered vanity.

They were so enormously big that they appeared to have lost their distinctive features, and seemed to be only twenty-five masses of fat. Their eyes were barely visible through a long perspective of socket, the prominence of their noses was lost in the puffiness of their bloated cheeks, and their heads were set almost directly on their bodies with merely folds of flesh where the neck and chin are usually found. Their great size, however, was more owing to development of muscle than to deposition of fat; for, although they were evidently well fed, they were not less well exercised, and capable of great feats of strength.

As a preliminary exhibition of the power of these men, the princes set them to removing the sacks of rice to a convenient place on the shore for shipping. Each of the sacks weighed not less than one hundred twenty-five pounds, and there were only two of the wrestlers who did not carry each two sacks at a time. They bore the sacks on the right shoulder, lifting the first from the ground and adjusting it without help, but obtaining aid for the raising of the second. One man carried a sack suspended by his teeth, and another, taking one in his arms, turned repeated somersaults as he held it, apparently with as much ease as if his weight of flesh had been only so much gossamer and his load a feather.

After this preliminary display, the commissioners proposed that the Commodore and his party should retire to the treaty-house, where they would have an opportunity of seeing the wrestlers exhibit their professional feats. From the brutal performance of these wrestlers, the Americans turned with pride to the exhibition—to which the Japanese commissioners were now in their turn invited—of the telegraph and the railroad. It was a happy contrast, which a higher civilization presented, to the disgusting display on the part of the Japanese officials. In place of the show of brute animal force there was a triumphant revelation, to a partially enlightened people, of the success of science and enterprise.

The Japanese took great delight in seeing the rapid movement of the Liliputian locomotive; and one of the scribes of the commissioners took his seat upon the car, while the engineer stood upon the tender, feeding the furnace with one hand, and directing the diminutive engine with the other. Crowds of the Japanese gathered round and looked on the repeated circlings of the train with unabated pleasure and surprise, unable to repress a shout of delight at each blast of the steam-whistle. The telegraph, with its wonders, though before witnessed, still created renewed interest, and all the beholders were unceasing in their expressions of curiosity and astonishment. The agricultural instruments having been explained to the commissioners by Doctor Morrow, a formal delivery of the telegraph, the railway, and other articles, which made up the list of American presents, ensued.

The Prince of Mamasaki had been delegated by his coadjutors ceremoniously to accept, and Captain Adams was appointed by the Commodore to deliver, the gifts; and each performed his functions by an interchange of compliments and a half-dozen stately bows.

After this, a detachment of marines from the squadron were put through their various evolutions, while the bands furnished martial music. The Japanese commissioners seemed to take a very great interest in this military display, and expressed themselves much gratified at the soldierly air and excellent discipline of the men. This closed the performances of the day.

The next day (March 25th), Yenoske, accompanied by Kenzeiro, his fellow-interpreter, came on board the Powhatan to acknowledge formally, in behalf of the commissioners, their gratitude for the exhibition of the marines, the locomotive, and the telegraph, with all which they declared themselves highly delighted. Yenoske and his coadjutor were invited to seat themselves in the cabin of the Commodore, and, after some expressions of courtesy which the Japanese officials were careful never to intermit, proposed to talk over some points in connection with the projected treaty. The Commodore said he had no objections to the discussion of the matters informally; but he protested against considering the interpreters as the official representatives of the commissioners, with the latter of whom only, he declared, could he treat authoritatively.

Monday, March 27th, was the day appointed for the entertainment to which the Commodore had invited the commissioners and their attendants. Accordingly, great arrangements were made in the flagship preparatory to the occasion. The quarterdeck was adorned with a great variety of flags, and all parts of the steamer were in perfect order, while the officers, marines, and men dressed themselves in their uniforms and prepared to do honor in every respect to their expected visitors. As it was known that the strictness of Japanese etiquette would not allow the high commissioners to sit at the same table with their subordinates, the Commodore ordered two banquets, one to be spread in his cabin for the chief dignitaries, and another on the quarter-deck.

Previous to coming on board the Powhatan, the commissioners visited the sloop-of-war Macedonian, being saluted as they stepped on her deck by seventeen guns from the Mississippi lying near. The great guns and boarders having been exercised for their entertainment, the commissioners, with their numerous attendants, left for the Powhatan, the Macedonian firing a salvo in their honor as they took their departure. On arriving on board the flagship, they were first conducted through the different departments of the steamer, and examined with minute interest the guns and the machinery. A boat was lowered, with a howitzer in its bows, and this was repeatedly discharged, much to their amusement, for they evidently had a great fondness for martial exercise and display. The engines were next put in motion, and they evinced the usual intelligence of the higher class of Japanese in their inquiries and remarks.

The Commodore had invited the four captains of the squadron, his interpreter, Mr. Williams, and his secretary, to join the commissioners at his table. Yenoske, the Japanese interpreter, was allowed the privilege, as a special condescension on the part of his superiors, to sit at a side-table in the cabin, where his humble position did not seem to disturb either his equanimity or his appetite. Hayashi, who always preserved his grave and dignified bearing, ate and drank sparingly, but tasted of every dish, and sipped of every kind of wine. He was the only one, in fact, whose sobriety was proof against the unrestrained conviviality that prevailed among his bacchanalian coadjutors.

The Japanese party upon deck, who were entertained by a large body of officers from the various ships, became quite uproarious under the influence of overflowing supplies of champagne, Madeira, and punch, which they seemed greatly to relish. The Japanese took the lead in proposing healths and toasts, and were by no means the most backward in drinking them. They kept shouting at the top of their voices, and were heard far above the music of the bands that enlivened the entertainment by a succession of brisk and cheerful tunes. In the eagerness of the Japanese appetite there was but little discrimination in the choice of dishes and in the order of courses, and the most startling heterodoxy was exhibited in the confused commingling of fish, flesh, and fowl, soups and syrups, fruits, fricassees, roast and boiled, pickles and preserves. As a most generous supply had been provided, there were still some remnants of the feast left after the guests had satisfied their voracity, which most of these Japanese, in accordance with their custom, stowed away about their persons to carry off. The Japanese always have an abundant supply of paper within the left bosom of their loose robes, in a capacious pocket. This is used for various purposes; one species, as soft as our cotton cloth, and withal exceedingly tough, is used for a handkerchief; another furnishes the material for taking notes, or for wrapping up what is left after a feast. On the present occasion, when the dinner was over, all the Japanese guests simultaneously spread out their long folds of paper, and gathering what scraps they could lay their hands on, without regard to the kind of food, made up an envelope of conglomerate eatables in which there was such a confusion of the sour and sweet, the albuminous, oleaginous, and saccharine, that the chemistry of Liebig or the practised taste of the Commodore's Parisian cook would never have reached a satisfactory analysis. They not only always followed this practice themselves, but insisted that their American guests, when entertained at a Japanese feast, should adopt it also.

Whenever the Commodore and his officers were feasted on shore, paper parcels of the remnants were thrust into their hands on leaving. After the banquet the Japanese were entertained by an exhibition of negro minstrelsy, got up by some of the sailors. The gravity of the saturnine Hayashi was not proof against the grotesque exhibition, and even he joined in the general hilarity. It was now sunset and the Japanese prepared to depart, with quite as much wine in them as they could well bear. The jovial Matsusaki threw his arms about the Commodore's neck, crushing in his tipsy embrace a pair of new epaulettes, and repeating, in Japanese, with maudlin affection, these words, as interpreted into English: "Nippon and America, all the same heart." He then went toddling into his boat, supported by some of his more steady companions, and soon all the happy party had left the ships and were making rapidly for the shore. The Saratoga fired the salute of seventeen guns as the last boat pulled off from the Powhatan, and the squadron was once more left in the usual quiet of ordinary ship's duty.

The following day the Commodore landed to have a conference in regard to the remaining points of the treaty, previous to signing. He was met at the treaty-house by the commissioners. As soon as the Commodore had taken his seat, a letter was handed to him, which the Japanese said they had just received from Simoda. It was from Commander Pope, and had been transmitted through the authorities overland. Its contents gave a satisfactory report of Simoda, and the Commodore at once said he accepted that port, but declared that it must be opened without delay. Hakodate, he added, would do for the other, and Napha, in Riu Kiu [Loo Choo Islands], could be retained for the third. In regard to the other two he was willing, he said, to postpone their consideration to some other time.

The Commodore now proposed to sign the agreement in regard to the three ports, and directed his interpreter to read it in Dutch. When the document had been thus read and afterward carefully perused by the Japanese, they said they were prepared to concur in everything except as to the immediate opening of Simoda. After discussion, it was finally settled that, though the port might be opened, the Japanese would address a note to the Commodore, saying that not everything which might be wanting by ships would be furnished there before the expiration of ten months, but that wood and water and whatever else the place possessed would be supplied immediately; and to this note the Commodore promised to reply and express his satisfaction with such an arrangement.

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