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.
Public-domain text, read in full here on John Shaqi.
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