1861
This was the year that NSW finally resolved the issue of Chinese miners on the fields – much to the detriment of the ‘Celestials’. Ever since Victoria had imposed an entry tax on Chinese miners in 1855, Sydney had become a landing depot where Chinese could disembark for free and then walk across country to the Victorian fields. Once en route however, many discovered the local goldfields were quite sufficient to their needs and so stopped off along the way.
This had resulted in some significant clashes over the years including in March 1858 when the Chinese were driven off the Tamabaroora diggings. By the start of 1861 calls for NSW to step into line with Victoria and effectively ban Chinese immigration were sounding loud from goldfields across NSW. Additionally many wanted the Chinese expelled from the fields they were already on and at Lambing Flat riotous miners were not prepared to wait any longer for a political solution.
Left: Might vs Right [The Lambing Flat Riot] S.T.G. Gill 1861. From Dr Doyles Sketch Book. Reproduced courtesy Mitchell Library, State Library of NSW Call no:PXA 1983 no 14
When the Lambing Flat diggings were proclaimed as a goldfield on 27 November 1860 they were given the name Burrangong after a local creek.
In the absence of any effective police force the new diggings were a fertile field for brigands such that a miners protection league was formed to look after the more sober elements of the community.
This protection league which seems to have started out as a genuine community endeavour to assist in the stabilisation of the field was quickly hijacked by extremist views to become a mobilising force of anti-Chinese activism.
It was at one the group’s public meetings on Sunday 27 January attended by around 1500 of the field’s 8000 European miners that what started out as call for concerted political action degenerated into a riot leading to forcible expulsion of the estimated 1500 Chinese from the field.
Many of these then took refuge on the Currawong Station of James Roberts some 20km to the south east near Murrumburrah.
3rd February 1861
A detailed account of the events of that day was published soon after in the “Lambing Flat Miner”.
Not surprisingly the field’s very own newspaper gives a highly sanitised and understanding view of what transpired. Its attention to detail however makes for an absorbing account.
3rd February 1861
It having become rumoured amongst the mining-community on the Burrangong for some time past that the Chinese intended assembling on that gold-field, all armed, and in such numbers that they could make a determined stand against any European force that could reasonably be brought against them, and that their intention was to make it a Chinese territory, several respectable miners issued a notice calling for a meeting on Sunday last, to take into their serious consideration the best means of nipping the Mongolians’ friendly intentions in the bud.
Such a gathering has scarcely been seen in these colonies assembled on Sunday afternoon, near the Golden Point, Lambing Flat, fully determinad to settle the matter then and forever.
The meeting was originally announced for twelve o’clock, and before that time several hundreds had scattered themselves round Golden Point, discussing the probable results of their movement.
Owing to the impossibility of their friends at Stoney Creek to arrive by that hour, a postponement to three in the afternoon was found necessary, and during the interval the majority re- paired to their abode for refreshment.
About two o’clock a large body came in from Stoney Creek, headed by a brass band playing martial airs, with the Union Jack on either side floating over them.
They came on horseback, on foot, and in vehicles, and the band occupied a “jaunting car” drawn by two-fine horses, with a digger acting as John. The only arms they appeared to have were sticks looking in many instances like shovel and pick handles, which were flourished more or less as the shouts of the Lambing Flat men greeted them.
Soon after, a party from Spring Creek; was led up the main street by a fine burly young fellow carrying the Union Jack, and by another beating a drum made out of a tin case, whose shouts gathered along with them all stragglers.
The arrival of this last party was the signal for busi- ness. By this time there could not have been less than fifteen hun- dred men on the ground; but so orderly and determined were they to preserve peace, that not a solitary breach occurred.
Several boxes were placed together on a small hillock, with the Union Jacks on either side of them form a platform around which the dense assemblage collected, the Commissioner, with his seven troopers, all well armed, with detectives Carnes and Scarlett, occupying a position a short distance away.
The band opened the proceedings by playing a martial air, after which Mr. Charles Allen, storekeaper, of Lambing Flat, was universally appointed chairman. Who read the following notice convening the meeting :—
Notice.—A public meeting will be held on Sunday, the 27th instant, at ten o’clock. in the vicinity of Golden Point, Lambing Flat, for the purpose of taking into consideration whether Burrangong is an European gold field or a Chinese territory.
A numerous attendance is requested. He then alluded to the good order always maintained by the diggers in their movements, and hoped that day’s proceedings would be no libel on their past conduct. The aasault on the shanties and gambling homes, he said, was a sufficient guarantee that they only desired a good state of society, and their previous affair with the Chinese was proof that they only wished to be rid, as peaceably as possible, of a nuisance to them all.
Should any breach of the peace occur, he would be the first man to aid the Commissioner and his staff in quelling it, and he was confident that the originators of the movement would do the same. (Cheers from the Commissioner.)
He then introduced Mr. Stewart, who would address them, and claimed for him a quiet and impartial hearing. Mr. Stewart on coming forward, waa assailed by a perfect volley of cheers. He said—Mr. Chairman, gentlemen, and fellow miners,—Before I go into the business for which we have met, I wish to state that had it not been for some treachery on the part of a person unknown to me, who pulled our notice down, we should have had six times the gathering here to day.
(A voice—”It was the Commissioner,” and loud cries of “There he is.” Commissioner or no Commissioner, it was an uncon- stitutional act, but it matters little now since we are sufficiently numerous to do what we want to do. (Vehement cheering.)
Well, Mr. Chairman, gentlemen, and fellow-miners.—A meeting has been called this day—and proud I am to see you have to nobly respond to it.(Hear, hear.) We have assembled for the purpose of discussing a very important and serious question. (Loud applause.)
I presume you are all aware what that question is. (Cries of “Yes, yes; go on.”) The question is— shall the Burrangong Gold-Field (as you have no doubt seen on the notice) become a Chinese territory or an European diggings. (Shouts of a European diggings” and “Down with the pig- tails”)
The question is really becoming so serious that it is now intolerable. (Hear, hear.) To my own certain knowledge there cannot be less than fifteen or sixteen hundred on the Lambing Flat and its vicinity, and the greater number, if not all of them, have arrived within the last fortnight.
(Cries of “Down with them.”) I also have it from reliable authority, that the Chinese are on the road to these diggings in thousands. (Cries of “Stop them,” “turn them back.”) N
ow, gentlemen, shall the Chinese monopolise the gold-field that we have prospected and deve- loped! (Cries of “No, no;” “down with them,” — and shall we as men and British subjects stand tamely by and allow the bread to be plucked from the mouths of ourselves, our wives, and children by those pig-tailed, moon-faced barbarians.
(Shouts of “Down wilh the pig-tails,” “drive them before us,” —men who would not spend one farthing in the colony could they possibbly avoid it!—men, did I say—oh, my prophetic soul, my comrades—monkeys I ought to have said. (Laughter and cheers.)
No, gentlemen. Were it possible for them to get what they daily consume from China, and to be able to avoid all con- nexion with British or foreign traffic, they would glory in being able to do so. (Cheers.)
Now, gentlemen, you see what they expend in the colony, and the benefit derived from them is compulsory, which plainly signifies that they cannot help them- selves. (Hear, hear.)
It is a well-known fact that not one Chinaman out of five thousand, when he accumulates what he considers a sufficiency in his own country, but verifies the words of a well-known song written by the celebrated Charles Thatcher-— “And blow’em, I say; scores arrive every day, Get all they can, then hook it away.”—(Cheers.) And these are the beings whom the Government class as the companions of civilised Christians (Cries of “ We won’t have them.”)
These are the beings who, in a court of justice, are allowed to rank side by side with the European whose life, before to-day, has trembled in the balance of one of these miscreant’s oaths. (Shouts of “Away with the wretches.”) Oh! horrible mockery—disgrace to the British Constitution—on the oath of one of these miscreants—now, gentlemen, keep your ears open)—this oath that a Christian’s life may be as affected by, is neither more nor less than cutting cock’s head off, breaking a saucer, or blowing a match out after it is lit, which is now proved to be a complete piece of humbug in their own country. (Vehement cheering and cries of “Shame.”)
So you see you have got nothing but a Chinaman’s word against a Christian’s oath in a court of justice. (Cries of “Shame, shame.” and “Away with the pig-tails”)
We are now, I may safely say, on the only gold-field in New south Wales which has the appearance of being a permanent one—the only one on which the hard-working miner (the mainstay of the colony can eke out more than a bare subsistance. (Hear, hear.)
You are, no doubt, aware of the state the other gold-fields are in —instance Kiandra, Araluen, Turon, Meroo, Tambaroora, &c., in short, gentlemen, they are all in a state of insolvency, and the only solvent one is the one on which we are striving for an honest livelihood. (Hear, hear.) Now the livelihood is about to be torn from your grasp; but how, and by whom! By the Curse the plague of the country, namely Chinamen. (Shouts of “Never. never; down with them.”
I am certain that the Burrangorang gold- fields will be a diggings for years, capable of supporting thou- sands upon thousands of poor men. (Hear, hear.) But how long will they continue to be the support of thousands who have no other way of gaining homes: livelihood but by begging, if the Chinese are allowed to pour in upon us in such countless numbers. Why, six months will smother them. What, tben, are they to do! Where are they to go! God help the poor men who have wives and families depending on them for support at such a time.
Well, I will answer,—why, starve (Great uproar, and execrations at the Chinamen.) Mr. Stewart then in a humorous vein sug- gested a remedy, by telling them if they were good working men they might obtain seven or ten shillings per week from the squatter, with rations,—which produced a tumult of hisses, groans, and anything but flattering exclamations.
In conclusion, he said—It doesn’t require second sight to see into the future. It is quite evident to all what the result will be if we do not take some measure to stop this gross outrage upon our rights. (Hear.) Then, men and fellow-miners, let us assert our rights before God and man—in the clear face of day—like free-born Britons and prevent ourselves from being trampled to the dust like dogs. (Great confusion.)
But, gentlemen, I would strongly advise you to keep within the bounds of the law and not commit a breach of the peace. (Cheers from the Commissioner and numbers In the crowd.) Mr. Stewart then read the following resolution:— Since the Government will not protect us, ourselves, families, society, and necessary occupations from the incursions of a race of savages, we bind ourselves, to a man, to do so: and for that pur- pose we intend to give all Chinese or descendants of that race two days notice to quit the Burrangong gold-fields; and in the event of their not complying with that request, to take such measures as shall satisfactorily rid the mining community of the Barran- gong for ever of pests and nuisances.”.
Amidst the greatest excitement and confusion a respectable miner named Dayton seconded the resolution. Several other speakers endeavoured to be heard, but an over- powering majority were for instant action, and “no notice” was the general cry.
Groups collected, and all tried to speak at once, when the band, striking up, and moving slowly away, was the signal for the breaking up of the meeting, and on the gathering rolled in one heavy cloud in the direction of Little Spring Creek, alternately harangued and cautioned by the Commissioner and the sergeant against using violence, and the crowd promising, in the event of such taking place, to apprehend the delinquents.
As one man expressed it, “We only want to sweep them before us like chaff before the wind: “and so tbey did. Scouts imme- diately started up the creek and in every direction; and arriving at the destination, a sight that baffles description presented itself. On the opposite side of the creek one or two tents were in flames, which was generally believed to have been the work of the Chinese themselves.
Along the bed of the creek one mass of celestial life seemed to agitate it with all the marks of haste in its movements, carrying such burdens that even Chinamen might grew weary with. The banks on either side were lined with Europeans who hurried China’s brown sons on by occaaional remarks and strong intima- tions, the band playing the whole time. Up the steep on to the flat they came like the flowings of a never-ceasing river.
Not leas than from two to three thousand came up in single file and marched along silently in the direction the Europeans pointed out. One sick Chinaman was found, who was permitted to remain, with one of his countrymen to attend him, and one of the best huts offered as a residence. When the others had all cleared out of the creek, the band turned the tide in the direction of the township, through which they escorted the whole of the Mongolians till they came on to Blackguard Gully, where a similar scene was gone through.
Here a tent or two was burned, and another sick Chinaman protected, and the whole mass drifted away from the diggings according to the directions given by the Europeans, who shortly after returned to the Flat, when the proceedings were supposed to have terminated.
Late in the afternoon, a cry fluttered over the Lambing Flat that Stewart, the speaker of the previous meeting, was appre- hended. It did not require a second summons to bring the lin- gering and self-satisfied agitators alongside the court-house.
It was like the rise of a slumbering volcano. Although the Stoney Creek party had mostly left the place, there was sufficient left from the embers of the late affair to raise a blaze to the name of Stewart.
But, fortunately for society and everything else on Lambing Flat, it turned out to be a kind of a “bye-ball” of the name of Smith, who had certainly proved himself rather uproarious in the great event of the day. But the crowd were not to be disappointed.
They had come for the release of their best man, and they found it an inferior one. But as they had pledged themselves to live or fall by the sacrifices made by any man in that days proceedings, so they felt, so long as he was attached to them, he was bound to receive their support.
At whoevers instigation the man was arrested, under the circumstances, it was condemnable. The whole proceedings had passed off without a solitary breach, and for Government officials to be the first to do anything to create that breach was, to say the least, censorious.
All Government officials, and all men who love law and order would have been justified in taking any step to quell a threatened disturbance of the peace, but no man is justified, let him be Governor himself, in raising a storm that has for a certainty lulled. We will veil the after proceedings, and conclude the affair by stating that the man was let loose on respectable bail, and bound over the following day to keep the peace—a proceeding which might have been adopted when the excitement had died away with much better effect, if necessary.
21st February 1861
Nor was this the end of the matter. As some Chinese drifted back to the field, additional riots broke out to drive them away.
21st February 1861
Tuesday morning about midday, some forty Europeans assembled at Blackguard Gully and drove off soma 201 Chinese, burning several tents, blankets, and goods.
The Chinese resisted the attack, but were obliged to surrender. Three Chinamen were maltreated and one seriously injured on the head.
They were robbed of their picks, shovel», and cradles and other good!, , which were carried oil’ hy some Europeans. C
aptain Zouch, Mr. Chief Commissioner (îloete, Mr. Commitsioner Dickson, and Mr. Inspector Single- ton, «willi six foot police, proceeded to the spot, and arrested fifteen men, who were immediately marched to the camp, end an oxaniinatiaa opened.
The Chinese evidence wa« very unsatisfactory, and in consequence the Court was adjourned till thi» morn- ing, the prisoners being ali admitted to bail ia one surety of £»0 each.
Scouts were then sent out to Stoney Creek mi Spring Creek, to bring the st hole body of miner*. Sion twter ten o’clock last night, nearly 4800 men lud aftembled, many of whom «ere under arm«.
They conttnuid shouting and pesambxlating the town the whole night, frequently firing volley». They were occasionally harangued by the leader» «f _ the Miners’ League, who, to some estent, quelled the excitement, urging the men to stand fait tul the decision of the court was ascertained.
The troopers under Captain Zouch and the’ foot police tuite Inspector Singleton, remained under arms the whole night. The excitement was beyond description. A large number of men were armed with revolve«, and this morning they were patrolling the streets openly armed with rifles, muskets, bowie knives, and sticks.
This morning the fifteen prisoners were brought up and all discharged, se no »atisfactoty evidence could be brought against them. A complete cessation, of business is the consequence of the riot. The townspeople are engaged in protecting their fro petty. Seine of the minere are sworn to »weep off the Chinese, and for that purpose they are going to Roberts’ station and other encampment».
The present police force is quite insufficient, if the Chinese are to be protected ; and nothing short of 200 or 300 soldiers «iii suffice. The mob are headed by a band, aad a flag flying, and many of the worst characters are amoogst them. The main body of the men were camped for on hour or two during the night, but numbers are patrolling the afreet drinking and shouting.
Unless the Go- vernment take a decisive stand at once there will be bloodshed, for they are sworn to clear the digging» of every Chinaman. Tooday, noon. Another foi ce of about 150 horgeinen, said SOO oat foot, have arrived from Spring and Stoney Creeki,a»vl have just entered the town amid h urah* from the people. The excitement is intense. , There cannot be less than .1 to 6000 people mMCtisf I round the town.
26th February 1861
Analysis of the events soon began to emerge in the Sydney media. As the report here explains the rioters should not be taken as represeentative of the diggers in general.
“On all the old gold-fields there has been an accumulation of men whose career of indolence, blasphemy, drunkenness, and crime, exposes them to the detestation, of all industrious diggers. Thus the opening of a great gold-field is to them a new career. They rush in hundreds and in thousands! to the sphere of fresh operations.”
26th February 1861
They are always “waiting for something to turn up,” and, whether it comes in the shape of a riot or a revolution, they are gratified by a sense of movement in favour of anarchy.
The people of the colony who honestly earn their bread will have nothing in common with them.
The moment a systematic opposition presents itself to law, all sympathy becomes treachery to the community r.t large. We have one task to fulfil-to strengthen the Govern- ment in all efforts to restore order, and to maintain rights.
When this is done, whatever may be the lesson to be derived from the past, it may assume a legislative form, and come before us in the shape of political redress. We are not,! however, to be deceived with respect to the character of those who have originated this disturbance.
To confound them with the digging population, is to defame it. On- all the old gold-fields there has been an accumulation of such men.
Their career of indolence, blasphemy, drunkenness, and crime, exposes them to the detestation, of all indus- trious diggers. They have passed under the eye of the police, and have gone through so many ordeals as to find their movements con- siderably obstructed. Thus the opening of a great gold-field is to them a new career. They rush in hundreds and in thousands!to the sphere of fresh operations.
They are the vendors of ilhcitdrink-the receivers of stolen goods-the plotters of sticking-up and gold robberies-and generally the main strength and stay of all schemes for the demoralization of the people. A popular grie^ance therefore is to them a centre of operation, and assuming the character of reformers they disguise their latent purpose, and ghc something like eclat to their career of crime. Collected about these men are all those who are weak-minded or naturally turbulent, or whose antipathies to, any class provoke them to discontent.
In the presence of such combinan tions when there is no adequate police force the real mining population can only be silent. Perhaps even this refuge is not permitted, but drawn against his will and judgment the peace- able digger is made to assume an appearance of complicity, however desirous he may be for the repression of that outrage which he seems to countenance. It is to be greatly lamented that the Govern- ment was not thoroughly conscious of the origin and ordinary manifestation of these disorders.
The lamentable letter of Mr. ZOUCH, and the toleration it implied, of drawn swords-the riotous demolition , of shanties, and , so forth-was a blunder as dangerous as any ever committed by a public ‘officer. Nor tan we even now account for the pub- lication of such a letter as a justification of Government indifference or as an explanation of a distinct ‘violation of law.
It was at that ‘ time the Government should have awoke to the true “’character of the movement, and at once ‘have placed force sufficient in the hands of’ trustworthy authorities to put down these in- ‘ Burrectionary proceedings. But instead of all this, weeks have elapsed-reports of the most contradictory nature nave been spread-the respectable press has been snubbed-^etatements whlch’at all events were written in good faith have been called in doubt-and the whole thing har) been glossed over until it can no longer be denied, and until now we are compelled to an armed demonstration such as ‘the colony us never hitherto required. , No doubt the position of a Government con- stituted like ours is difficult.
It is necessary for its political inteiests seem to demand-that there should be such manifestations of disorder as to silence the sympathisers and compel the acknowledgment of the necessity for coecion. Looking at it in this point of view, no doubt the Government felt that any energetic movements’would call down upon them the reproaches of their friends. They would be accused of calumniating the honest digger-of yielding to some aristociatic pressure-of pro- voking the very outrage they pretended to sup- press, lhat they should haye felt “this dan« gerous, is perhaps not co much to be reproached as to be lamented. It is the great fault of our system, and will follow us everywhere when Government has to act against disorder and insurrection.
There can be no doubt of what the Government is bound to do-te maintain in their rights all whose rights have been assailed -’to refuse all intercourse’ or compromise with armed men-to take ‘into custody if they have the Ipower, and bring* to justice those who have threatened its administration, or who have been the leaders of the insurrection.
If all this is done, tbVbest reparation perhaps may^be made which the ciicumstances admit of, and the’ lesson will not hereafter be forgotten. This is the business of the Government, and not to philo- sophise about Caucasian dignity or the rights of free-born Englishmen. We have no rights save those which > the law has given, and others are entitled to claim whatever the law^ has allowed.
This must be the rule of the’ Government in its’ executive capacity, “and this alone. While, however, it may be the aim and effort of the Government to put down insurrection, and * while it should forbid its officers to hold ‘ any parley with insurgents, except to receive thejr absolute submission, it’is not the duty of the Government to meet an armed insurrection with inadequate force. – , ,
It is quite possible that neither our soldiers nor constabulary may be in sufficient strength. It would then be the duty’of the Government to warn all British subjects of their danger and to forbid intercourse.
There are’other methods by which insurgents may be reduced than the sword. Their provisions will soon be exhausted. Ihe respectable diggers would feel that their place was no longer with men in arms against the QUEEN, and either the insurgents would meit away or soon be reduced to such numbers as to admit of a gcod account. ‘
It is, perhaps, by such events as these that great practical lessons are given to the colony. Every man who promotes disorder is imposing a burden as well as a danger -upon the country, and increasing the difficulty of subsistence to his neighbours.
These riots will occasion a heavy expense to the public treasury ; and with a declining revenue it will certainly be impos- sible even to look at the question of the aboli- tion of the gold duty for the next twelve months, even1 were it otherwise admissible.
The effect of disorder on the7 gold-fields must be to render . provisions dearer. Although for a time insecurity will induce men to part with provisions for cash at a lower rate, future sup- plies will be arrested, and the cost of risk will finally fall upon the consumer.
Thus, every digger on Lambing Flat will suffer in his cir cums’ances from the disorder which is said to be created in his cause. It is a remarkable fact, that almost, all the tumultuous and riotous proceedings of these colonies hae arisen from the antipathies of race or nation. Five or ,aix years ago, for instance, the Irish were denounced at Victoria, and wherever an Irishman was seen on the diggings he was hunted with fero- cious pertinacity by a population, to a large extent, composed of libirated thieves, but who, of course, c were particularly concerned about the purity of race.
Every one knows the antipathy-amounting to persecution-which arose against the Germans, particularly in Ade- laide, where they are settled in numbers, andaré among the most saving and industrious of the population. The people of this colony will remember the perfect detestation with which all immigrants were regarded-how they could not pass the streets, or go into any public place, without being insulted by the “ real proprietors,” as they deemed themsehes.
Strange as it may now, seem, it was ne* ertheless the fixed doctrine of the original settlers of this country, that it was intended for them and theil children, and that all “jimmigrants,” as the immigrants were called, were interlopers and intruders-the sweeping of workhousesand gaols. So it goes on. The old and new settlers of the colonies the “jimmigrunts” and the “jail grunts” al} the pure blooded races who ha>e made this country their place of meeting, now lovingly set I themselves in antagonism to the Chinese nearly half the human race !
* Some excuse may be made for grossîgnorance, but to find men of position-who pretend to love liberty-who talk sometimes about Christianit)-giving countenance to these prejudices, stimulating them, and embodjing them in distinct propositions ia sad to every consistent friend of humanity and liberty. It was always so. When there were but two men bom into the world the’ youngest was deemed an interloper by his brother, who asserted his right to exclusive occupation by shedding the “intruder’s” blood.
20th February 1861
Other voices though were also raised in vigorous defence of the actions to expel the miners from the field.
“I can assure you it was not out of any hatred or jealousy on the part of the diggers [that the Chinese were expelled], but the whole motive was, as I stated, that they consumed, appropriated, and spoiled the water, and that is the only reason that the European population is as determinedly resolved not to tolerate them any longer.”
20th February 1861
To the Editor of the Herald. Sir, Having arrived from the above locality only a day ago, and finding so many foolish and contradictory reports regarding the treatment of the Celestials by the hands of the European population promulgated in town, I hasten without delay to lay before the pnblic, through the medium of your influential organ, a true statement of this all-en- grossing affair.
I sojourned at the above gold-field for nearly three months; I had, therefore, ample opportunity to make myself acquainted with this unpleasant question, and I am very much apprehensive if this matter is not fairly explained and properly investigated, the results might be of a serious character, and destructive to the prosperity and developement of this magnificent gold-field.
It is a great pity that the Press is so unguarded as to propagate infor- mation of a doubtful nature. I will only mention one in- stance in particular, which, if true, must give to the whole affair quite another complexion.
I refer to the account, so industriously by nearly all colonial papers circulated, that the Chinese have been the first discoverers at the Lambing Flat – an assertion I must beg to contradict. It was not the Celestials who opened that field, but a party of Kiandra returned diggers, and after the latter had been there for some time at work the former swarmed there from the surrounding diggings.
This fact is so generally known, and so clearly evident, that it excited no small merriment when this fiction was read at the diggings, and really no one would take the trouble to contradict such a gross fabrication, and I believe there is already one party who intends to claim the reward of the discovery.
It is now abont five months since the Chinese have been, on account of the scarcity of the water, expelled by the Europeans from the Flat; but it seems that they managed to retire again to the land of promise, and that in larger numbers, and were never molested by the diggers till the latter saw themselves compelled out of the same reason, to proscribe them again ; and I can assure you it was not out of any hatred or jealousy on the part of the diggers, but the whole motive was, as I stated, that they consumad, ap- propriated, and spoiled the water, and that is the only reason that the European population is as determinedly re- solved not to tolerate them any longer.
Water was always a scarce commodity at this field, and without that element the richest diggings are of very little avail.
I have no antipathy against the children of the flowery land, nor have I time or inclination to demonstrate the policy of the introduction or expulsion of that people. I leave that to abler pens and wiser heads ; but so much I can say, that if they are permitted to work at their usual mode of operation, the consequence must either be blood- shed or the interruption and abandonment of one of the best gold-fields ever discovered in New South Wales.
I will not excite the unwary with golden visions, but every one who has visited that diggings must confess that it is what we call the poor man’s diggings. Every one who is able and has the will to work can gain his subsistence, and have every week a pound or two, and if has a little success he can make from £5 to £20 a week, and if he is lucky, why, he can make money.
The field is very exten- sive, and has every appearance to be a per- manent one. Sinking is from three to fifty feet. The cost of living is less than 15s. per week, and there are no less than from 8000 to 10,000 diggers, and very little grumbling to be heard.
I do not deny that there are blanks; but if the comfortable clerk forges his steel pen into a pick, the showy counter-jumper his iron yard measure into a shovel, and the flash tailor’s scissors into a spade, and this interesting trio lavish the same ratio of physical strength on their respective imple- ments that they used to bestow on them when they were yet in their origtnal shape, why, sir, they have no business to curse their stars, and blame the gold-field.
But real hardworking men will find the Burangong a thorough good, honest, hard-working, gold-field. I must, therefore, say it would be a great moral wrong that a few hundred pagans should deprive such a large portion of our colonists of their bread. Undoubtedly it is an undeniable fact that the Government, by receiving from the Chinese 10s a year, is pledged to protect them and assist them to be enabled to work, but do ther not owe the same duty to the Europeans also? or how can they carry out that obligation towards the latter, when they force the former upon them ?
Let us suppose that some of these days there will land in our good harbour of Port Jackson several ships loaded with several thousands of Hottentots, and these several thousands of Hottentots will establish themselves to the no small dismay of our citizens in our honest city of Sydney as shop and store keepers, merchants and bankers.
The non-commercial portion of our fellow citizens would perhaps rejoice – opposition is the life of trade, they would say. But, in course of time, our European shopkeepers, &c., discovered that these several thousands of cuuning Hottentots carry on their mode of business on such a system, that it destroys their whole legiti- mate commerce and ruins the security of credit altogether.
I ask you, sir, would our shrewd shopkeepers, &c., submit to be cheated by a parcel of Hottentot rascals, with their oriental resignation – It is the will of Allah ? Why, sir, we would have monster meetings by day and torchlight, petitions witn twohbundred-yard-signature tails, and many an oratorical genius who now, alas, slumbers on the hard bed of obscurity, would rise like a meteor to save his countrymen ; every ship in the harbour would be pressed to take away from our shores this cursed burden.
Hu- manity, which would very likely be a non-shopkeeper, %c would drop a bitter tear of grief, and lament over the wickedness of the age ; and Tolerance, a retired shopkeeper, &c., but invested his capital in the squatting interest, would do ditto ; but their charitable moans and sighs would soon be drowned in the mighty sea of popular indig- nation.
The diggers at the Lambing Flat, who are simil- arly situated, do not wish to go to such extremities,- all that they wish is, that the Celestials should remove to some other diggings, and if the Government undertakes to protect the Chinese, let them remove to some other of our numerous gold-fields, for at the Flat they will never be protected. The diggers are determined to one man not to tolerate them any longer, and why create rios and bloodshed, when all can be amicably settled ? In conclusion, I trust that the authorities in power will listen to moderation. Apologising for monopolising so much of your …. space. I remain, your obedient servant, A. …………… Sydney, February 18th
1st March 1861
Very quickly the issue zoned back in on the overall policy that had resulted in such a major expansion of the Chinese on the NSW goldfields in the first place – the lack of an Chinese immigrant entry tax that made landing in NSW so much more desirable than going to Victoria.
1st March 1861
That New South Wales has held out a premium for the Chinese immigration there can be but little doubt. Victoria a few years since saw the evils attending so large an increase in the Chinese population, and took measures to prevent ‘ it’.. Ten pounds per head was levied upon their arrival, and other measures taken to compel them to contribute to the revenue, so as to pay for the additional expenses caused by them.
When the Chinese were attracted to Victoria, the goldfields of New South Wales were little thought of, population was greatly wanted for the purpose of developing them, and many thought that Chinese, or any other class, so long as they were a producing class, ought not to be expelled, or any measures taken to prevent their coming.
Both New South Wales and South Australia thought to take advantage of these circumstances, and profit by the troubles of Victoria-and so increase their population. The dangers attending the naviga- tion of Guichen Bay soon dispelled any advantage South Australia may have thought to obtain, and Sydney alone waa the only port they could make for so as to evade the ten pound tax.
The arrival of the Jupiter from Hongkong, a few |days since, is an in- stance of this, for while the Chinese are landed here, the greater part of the cargo ia for Melbourne. Nine tenths of the Chinese that have been landed in Sydney, have been with the intention of making to Victoria, but with a new field like Lambing Flat it is only reasonable to expect that they would prefer the shorter distance to making their way to Victoria.
Had any one proposed a tax of ten pounds per head upon all Chinese, to come into operation simul- taneously with the Victorian law, would he have been listened to ?
All kinds of arguments would have been brought to prove that the Chinese were a very industrious, persevering, and desirous population; but now that the same causes tend to place New South Wales in the same position Victoria was in, having a large extent of auriferous ground to be worked, the troubles that were Victoria’s arc now hers-only doubly so, for, independent of the induce- ment held out for immigration from China, there is the large Chinese population in Victoria.
Many thousands at the first chance will now make for the more favoured spot in New South Wales. Having held out these advantages to the Chinese, it is now a question if they should not be withdrawn, and means taken to prevent the influx of so large a proportion of a race that the Europeans as a class are so opposed to, but in doing so we aro clearly bound to protect those already amongst us so long as they respect and con- form to our laws.
The very opponents of the Chinese are the first to call out against class legislation ; but there are cases in which it is required, this I think I shall be enabled to prove is one ; in doing so I shall have to make a few other remarks.
The opponents of the Chinese allege : first, that they interfere with only one class, i.e. gold-diggers ; for no Chinese come here with any other intention that gold-digging, although some few are engaged in other occupations, and that gold-diggings alone know the extent of their annoyance, their dirty habits, the way in which they spoil water, and prevent much ground from being worked except to disadvantage, Secondly.
That the expend no money. Thirdly, That those who are fortunate enough to make any money return with it to China.
With respect to the first objection, I must say that I think if the Chinese were to overrun any trade or occupation to the extent they do the gold diggers’, you would find the particular class affected quite as loud in their complaints, and demanding their exclusion, as the diggers are now. Those that have worked on gold- fields with a large population of Chinese upon them can alone have any idea of the trouble and annoyance they are to the European population.
Should there be a scarcity of water, their way of working is quite enough to exasperate, and would drive many (who per- haps possess more equanimity of temper than gold-dig ers) to extremes. But by adopting good regulations, well carried out, much of this might be avoided.
Let a commissioner or protector be appointed, whose business should be to look after the Chinese. Let their camps be separate and distinct-a certain num- ber being allowed only in one camp.
Let a local court be established ; let the rules and regulations be such that any offence they may be guilty of with respect to digging can be punished with a fine or im- prisonment, and let the commissioner have the power to decide it on the ground without all the circumlocu- tion of law and appeal ; and, above all, let there be some interpreters (Europeans, if possible).
The farce I have seen performed in many police courts, in swearing a Chinaman would disgust anybody, I firmly believe that so far as bind- ing on their conscience that their is scarce one China- man among a hundred who, during the performance of blowing out a match, breaking a saucer* or putting a cock’s head off, but what is laughing in his sleeve at the gullibility of John Bull j and, independent of this, if there are two Chinese interpreters, often the most important evidence will be given contradictory by them.
Perjury they know nothing, and care less for ; duplicity and cunning they are more than a match for any European. I am aware this would | necessarily incur expense, but let the, Chinese pay for it -, letreach be compelled to pay so much per month, quarter, or year for a protection ticket, and see also j thnt they were in possession of them.
If measures something like these were adopted the Chinese diffi- culty would soen be an affair of the past. The second objection that they expend no money can only be advanced by those who know but little of the Chinese on the gold, fields. When Chinamen are | getting gold I do not think there is any class that live better than they do. They certainly do not drink ; but buying vegetables, fowls, ducks, and pork, none of which on any diggings are to be had very cheap, certainly is no proof of their niggardly habits.
On many of the Victorian diggings, the last . I was on in particular, the Chinese, so far as dress was concerned (and of European manufacture) were certainly equal to (any other class. You do not now hear of driving the Chinese off any of the Victorian diggings. On all the older diggings their consumption forms a considerable amount of the storekeepers takings-their earnings generally are so small that all is expended in food and clothing.
I know one of the largest storekeepers in Victoria who told me not six months since that if it was not for the Chinese he might close his stores. In travelling through Victoria when one of these large six-hone American coaches rush pastyouat the rate often miles an hour, you will be surprised to see the number of Chinese passengers.
This certainly does not look as if they had that peculiar propensity of hoarding their money that many are inclined to think. That there has been many tens of thousand ounces of gold obtained in Victoria that would not otherwise have been were it not for the Chinese no one can doubt. ,This must have been some advan- tage.
One objection to the Chinese is- their great numbers on new gold-fields (as at Lambing Flat) ; but even here, after the Europeans have what they called, worked out a considerable extent of ground, I the Chinese will occupy it, and the Chinese difficulty gradually die away, the storekeepers will find that they are good customers, after the ground has been worked out in the opinion of many.
The third objection, although made by many, is scarcely worth noticing-they would drive the Chinese away, that is, all poor ones ; but any one having made money ought to stop and spend it to take it with him to China is unpardonable.
So much for their liberality-let any one ask any ten gold diggers what they would do if they were fortu- nate enough to make an amount of money that would keep them without further work, and I will answer that nine out of them would say they would go home, wherever that might be, and they have a per- fect right to do so if they please, so long as they are not Chinamen.
I do hope the Government will endeavour to set- tle this question with’ as little delay as possible. The general opinion is that a tax ought to be imposed on all Chinese landing. I think the same amount imposed in Victoria ought to be levied here-it would then show that we were no more desirous of their presence than our sister colony, and it would not be holding out, as we are ‘ now, an indirect advantage to their immigration.
It is with great pleasure I see that Mr. Cowper has left Sydney for Lambing Flat. I feel convinced that his presence and advice will do more to conciliate and ‘ assure the diggers than three times the military force now on their way there. Trusting you will find room for these remarks, I remain, &c. JOHN A. HUX.
What though of events on the Burrangong goldfield as this debate played out in general media?
5th March 1861
Cowper arrived at Lambing Flat amidst much speculation as to what the government would do. Especially high on the concern list of the reform league was that the government would use its major military force to return the Chinese to the field.
5th March 1861
A lengthy telegram was received yesterday morning by Mr. Robertson, from Mr. “Cowper, who had arrived at Lambing Flat at half-past seven o’clock on Saturday evening-the exact time at which he calcu- lated on arriving there.
Mr. Cowper’s despatch was dated on Sunday morning, at which time he had not, of course, entered upon the duties connected with his mission to Burrangong.
The comparative order and peacefulness which, since the expulsion of the Chinese, has prevailed on the diggings, was con- tinuing; but the tenor of Mr. Cowper’s communica- tion confirms all the apprehensions which the recent reports from Lambing Flat have excited,-that in the event of the attempt being made to reinstate the Chinese in their claims, a fatal collision between the armed diggers and the troops will be inevitable.
Mr. Cowper states that his health has been much im- pío ved by the journey, and although on Saturday he travelled nearly a hundred miles, he was suffering no inconvenience from fatigue._
The Premier, Mr. Cowper, arrived from Sydney last night. Mr. M’Lerie, assistant superintendent of the Southern patrol, with a’serjeant-mojor and eleven troopets, armed thia day from the Kiandra district.
Mr. Sub-commissioner Lynch, from Tumberumba, is also at the camp. fevetal telcgiaphic clerical ertors have occurred in my telegrams.
The number of persona a tteuded the monster meetings at Stoney and Spring Creeks, re- ported in the Herald, of 19th ultimo, and Sjdney Mail, of 23rd, should have read GOO not 6000 at each.
The amount of gold in Herald of 20th ultimo, should have read 29C0 ounces, «oí 0G0 ounces as stated. These errors cause much annoyance. Hie Miners’ Protective League have issued their prospectus.
The objects to be dealt with ntt, Hrst and principal question-Expulsion of the. Chinese. The League call upon men of c cry nation except Chinese to join their society. Repeal of the Gold Dut}-. Police protection, which they say is merely nominal at present.
Unlocking the public lands. Promulgation of the word of God throughout the mining districts of die colony.
Protection to native industry. Representation of mining interests, based on population. The men charged with the murderous assault luve been identified by one of the unfortunate mea as- saulted.
They are to be again brought up on Monday for further examination. Mr. Cowper has been well received by the miners. He drove out to Stoney Creek this afternoon, and con- versed with about 100 men.
It i« not known yet what action he will take on the Chinese matter. He told the miner« that the Government would protect them if they came back, but did not fully explain the ttept that would be taken.
The new rush at Stoney Creek is turning out well ; some of the surfacing work is giving very encourag- ing results.
About 250 diggers are now located on the new ground, and from 2 to 3 dwtt. ia being made in many instances. Another new rush has been made at Stoney Creek, but the tesult« are not so satisfactory. Flour ia selling at ¿¡25 per ton, and theie is a plen- tiful «upply. The population is »till increasing. Buildings of all »ize» are running up rapidly. “Weather delightful.. Heavy shower this morning. Plenty of water.
12th March 1861
Upon his arrival, the premier was presented with a petition from the chief organisers of the miners league committee.
He however refused to accept their legitimacy as spokesmen for the miners. All in all the exchange is a valuable reference as to the state of the agitators’ organisation at that time.
12th March 1861
The following is the address presented to the Hon. Charles Cowper at Burrangong ; also Mr. Cowper’s reply, which we take from Saturday’s Yass Courier :
“ Sir,-We, on behalf of the mining community of tlie Burrangong gold-fields congratulate ourselves on ha ving this opportunity of «resenting to vou this humbie petition.
“ We can assure you that nothing gives theater pleasure to the miners in goner al than to wekou.o you as first Minister of the Crown to this gold-field, knowing that your sound practical judgment in con- ducting the affairs of the country is sufficient guaran- tee for us that our local wants will not be overlooked by the Ministry of which you are a member.
‘ “ While we appreciate you as an able statesman and the leader of a liberal Government whose mea- sures have tended to benefit the colony at large, we hnte still greater obstacles in our path, which we trust you will see the necessity of removing.
“ You have now been an eyewitness to the orderly and peaceful state of society here, and must have seen enough to convince you that most of tne state- ments in the Sydney papers aro not only exaggerated, but utterly false.
“ We are fully convinced that the miners are the very_ last men in the colony to ‘resort to any extreme or violent measures in opposition to the law or the general wish of the Government, but at the same time we beg to submit to you that it is our firm and thorough conviction that their détermination to pre- vent the presence of Chinamen uponthese gold-fields is so strong and decided that it behoves the Govern- ment to adopt such measures as .will tend’to conciliate the diggers in order to avoid what would otherwise result m a dire calamity.
“ We are wishful to obtain from you some opinion of the intentions of the Government as regards the Chinese question, as at present, in consequence of the uncertainty which hangs over the matter, society here is kept in a state of doubt, uncertainty, and’anxiety.
“ In conclusion, we beg to repeat, in the event of the Chinamen having the encouragement or sanction of Government to return to Burrangong, the result v» ill be highly disastrous to the general community, and end in a collision in which human life will be destroyed.
‘ “ We therefore implore you, on the plea of humanity, to use all your valuable influence to avert so lamentable a catastrophe. “ We ore, Sir, your humble servants, (Signed) “ JOHN STEWART, HENRY DAYTON, CHARLES ALLEN, RICHARD GONION, WILLIAM SPICER, WILLIAM CARR. DONALD CAMERON.” ,
I [Mr. Cowper’s answer.] I “ Mr. Cowper acknowledges the receipt of a docu- ment, purporting to be a copy of an addtess intended tobe presented to him on behalf of the Burragong miners ; but while he is most anxions to place him- self, without delay, in communication with those of the mining body who am the friends of secial order, and who are not already committed to a course of proceedings which must be subversive of alhgood government, he docs not perceive in the address any allegation that the seven persons whose signatures are attached claim to speak, or have any authority to speak, on behalf of the miners of the Burragong gold- fields.
Four of the number are, however, recognised by him as the chief movers in the establishment of a league which has published and fully circulated a manifesto containing aspersions upon the Govern- ment which are palpably untrue, and in which lan guageis used, in reference to constituted authorities, of a very inflammatory character.
“Mr. Cowper, though grateful for the assurance that his presence among the miners is generally welcomed “by them, regrets to observe in the document ?which has just reached him some expressions of a similar tendency. He has undertaken the journey which has brought him here at a great sacrifice of personal convenience, and at considerable incon ttnifiice to the public business generally, for the sole purpose of enabling the Government to ascertain, in the most reliable manner, the precise state of matters at these diggings.
Mr. Cowper is therefore desirous of placing himself in free intercourse with the miners, that he may be mado peifectly acquainted with their wants, and thoroughly understand what their grie ranees ore. But he cannot accept any self constituted delegates as exponents of the views of the mining body ; and he wishes to be informed whether the gentlemen who have signed the document which has been transmitted to him have been duly authorised to speak for and act in behalf of the miners generally ; and if BO, in what manner and by what number of miners such authority was given. “Burrangong, 4th March, 1861.”
15th March 1861
The effect of Cowper’s visit became clearer in the wake of his returning to Sydney and the reports of his visit started to emerge.
In effect he staved off open rebellion against the Chinese being returned and the rule of law upheld by assuring the assembled crowds that he regarded “the Celestials as pests and he would use every effort to keep them away.”
This bought some breathing space, but it raised expectations that the government act on their behalf sooner rather than later.
15th March 1861
difficulties seen to be in a fair way of being all settled without bloodshed. The military aro on the ground and have, it is said, been well received.
Nay. it ia even asserted that the officers have dined with the diggers ; but the report of anything (under the circumstances) BO extraordi- nary requires confirmation.
lhe Premier has returned. He has succeeded in coaxing the miners into submission-at all events for a time.
He distinctly told thom, that the law would be upheld, and the Chinese at present in the country protected from aggression at any cost ; but he assured them, at the same time, that he and his colleagues re- garded the celestials as “ pests,” and would use every effort to keep them nway.
They (the miners) seemed satisfied with this pledge, and have not only passed a vote of confidence in the Ministry, but have given the Premier n dinner.
He, therefore, returns in triumph. But how will it be if the promises of Mr. Cowper lead to nothing definite ?
The bulk of the diggers have a notion that the Government is all powerful, and will clenr the whole of the Chinese off the gold- fields in a very short time.
Now, even if the bill of Mr. Lucas pass both Houses in its integrity, it will not have the effcot which the diggers axe looking for. Will the Government introduce a still more stringent measure for this purpose ?
And, if so, will Parliament adopt it ? It will be on the miners becoming aware that their expectations cannot be fulfilled, that there will be the greatest danger of an outbreak.
These doings at Burrangong will be rather expen- sive in any case. The coat has been estimated at £16,000 by the Ministry, but it may be rather more ere the affair is over.
Already is there one claim for compensation by a Chinaman, to the amount of £300, for property destroyed by the rioters. Other claims of like nature will come in, and we do not see how they can be evaded.
And there may be other riots. The miners are clamorous for, among other things, a repeal of the gold duty, but it will be found, we doubt not, that their own conduct has rendered this impossible. _ In the meantime, the voice of the Sydney mercan- tile interest has been raised, we are glad to say, in support of law, order, and honesty, both Houses of Parliament having been petitioned for justice to the Chinese.
Upon Premier Cowper’s return to Sydney legislation to restrict Chinese immigration by levying an entry tax was introduced and passed in the lower house Legislative Assembly.
This was mistakenly seen as being the end of the matter. As Gold Commissioners were issued with instructions to restrict Chinese to specified areas the very expensive military presence on the Lambing Flat field was withdrawn thus paving the way for a new round of violence to emerge.
24th May 1861
A chief problem lay in the fact that the Chinese were removed to their new mining zones even before the new legislation was enacted, and they were rightly angry at having their legitimate mining claims taken away from them without compensation.
As they set about working both within and without of their allotted areas, the departure of the troops left the field on a knife edge.
24th May 1861
I have just heard on good authority that the Military are to leave here on Friday.
I think the Government cannot be in possession of the state of this place, or at present they would not be removed. Since the rush to Tipperary Gully many parts of these fields have been comparatively deserted, and the Chinese are every day endeavouring to work at Spring and Stony Creeks, and other parts of these fields.
At Demondrill Creek, where there are a great number of Chinese, they openly refuse to carry out the Commissioner’s orders until the Chinese question relative to gold-fields is settled.
The presence of the military here is necessary. The country having incurred the expense of sending troops here, it is re- gretted they are to be removed before tho question is settled.
The force that will be left, after their departure, will be quite insufficient to maintain order in the event of a Chinese disturbance.
If the Chinese in this district pursue their present course, and the military leave, it will inevitably tend to a roll up.
31st May 1861
As the military departed in late May the correspondent for the Herald noted that in relation to the Chinese question “if the Chinese were allowed to work on Spring and Stoney Creeks, now comparatively deserted, and from which they were expelled, and never reinstated, as many in Sydney have been given to understand, our yield of gold would be increased by one thousand ounces every week.”
31st May 1861
At about six o’clock on Friday morning (Queen’s birthday), the boom of the Artillery announced their departure-a salute of twenty-one guns was fired, which made every house in the town sliake, and then immediately started for Sydney, via Yass and Goulburn.
The detachment” of the 12th started about, eleven o’clock, and whatever. .opinions may be held as to the necessity of their ‘ presence here, their departure is- regretted by all. The absence of the red coats amongst the motley crowd of. diggers with whom they used to enjoy their . nobblers-no -artillery men parading with guns, or breaking in horses-no officers riding about, make3 this place appear for the present duli.
Both officers and men take with them the best wishes of all classes, and sorry as we are to part with them, we yet hope their presence in these parts will never again bo re- quired to uphold law and order.
I noticed in town yesterday more Chinese than I have seen for a long time. I also noticed one crowd of intelligent men amusing themselves by throwing rubbish at them.
“Without entering into the Chinese question I may state that if the Chinese were allowed to work on Spring and Stoney Creoles, now com- paratively deserted, and”from which -they-were expelled, and never reinstated, as many in Sydney have been given to understand, our yield of gold would be increased by one thousand- ounce« every week.
“Whether this is of any importance or any loes to the colony, I leave others to judge. Several accidents have again happened- this ‘ week ; one fatal.
A man, named Dominic Parry, waa working at his claim a few nights since, near Golden Point, Spring Creek, with, bia mate -it was very wet ground, and they had to work day’ and night. Parry, in tilting a bucket, jammed his hand, and exclaimed, “Oh, I have hurt my finger,” and placed his head upon the roller of the windlass, his mate supposes he must have fainted, for, almost im- mediately, ho slipped, legs first down the shaft, thirty-two feet in depth.
It being slabbed, some of the pegs projected-his head came in contact with them, cawing a fearful fracture, and almost instant death.
Another sudden death also occurred at Stoney Creek. Catherine Bradley, a native of Hull, about twenty.four years of age, married about seven years. For two or three days she had been very, intemperate.
Some time during the night of Friday last her hus- band noticed her get out of bed to get a drink of tea from a *’ billy “ that stood in the place ; before she could raise it to her lips she fell and expired. Magis- terial enquiries have been held in both cases, and ver- I diets in accordance with the facts given.
I would here call attention to the necessity of a coroner being appointed to this district j. not that I wish-for one moment to cast any discredit or find fault ‘ with these magisterial enquiries-they are conducted with every cure Bnd attention ; only too often inter feting with commissioners’ duties ;. and many here think’ that these deaths ought to be enquired into before a jury, and the fullest facts elicited ; the magia trates, I believe, having no power to summon a jury.
21st June 1861
Speaking of ounces of gold per week – just what was the significance of the Burrangong field at that time in the overall pantheon of the NSW fields? A call of the card from this time shows just how important Lambing Flat was for gold mining in NSW at that time.
It also provides crucial details of a battle between the Chinese and Europeans at Native Dog Creek close by the Lambing Flat field, where the Chinese successfully defended themselves against a small mob of miners seeking to drive them off their claims.
21st June 1861
The diggings around Lambing Flat still continue to lead amongst our gold-fields (Tipperary Gully is still be said to bo the principal working place, though want of water proves a very great drawback to tho minors’ success llio sinking is also very deep, and ns the good ground is very patt by, though exceedingly rich whon hit upon, tha prizes drawn in tho gold diggings lsttciy ure few, whilst the blanks aro many
Still tho regular thorough gold-digger prefers tho chanco of making a good haul to tho certainty of regular find which pays bim good wages, and thus this locality ¡i a favourite amongst tho old hands at tho work
About a thousand persons wero said to bo at work thore nlieiit tho beginning of tho month, but silica thon tho population of working miners has been somow hat i educed tv a new rush, nimed, from Us discoieior, Sprowlo s Rush
It is situated about mno milos north e ist from Lambing 1’lot and m tho vicinity of the Bathurst Hoad Within a few dav s of its being first mndo known bj the application of its discoverer for an increased claim, fully 2000 people were located on tho ground, stores, shautios, theatre*, places of amusement, and diggeis’ tents springing up hko mushrooms in tho placo -uñero but a week back au was silent and solitary bush
Day after day parties con- tinued to anne, and it was anticipated that theto would be a resident population of from 4000 to 6000 souls, if tho holes then in course of sinking turned out nnythmg equal to thoso bottomed on tho prospectors chuns Oui last nows by electric telegraph informs us that tin* rush has not nnawcred tho expectations cntct tamed of it, and that parties aro leavuig as rapidly as they had arrived
At M ombat and tho Spring Creek tho population had beou kept together by occasional minor rushes that lune beon made in their immodiato viunity, and latest accounts show tho latter locality to bo one oncomoro m favour, as tho population was rapidly increasing, bj tho return of parties who had been unsuccessful at Tipperary Gully and ¿prow lo’s Rush Stony Creek is comparatively deserted, hut all uruto in declaring that there is plontj of gold to bo yet got out of it
Tho mihtarj loft Lambing Flat on tho morning of tho 21lh Maj, and arm ed in Sjdnej on the 1th Juno Ihej wert warmly cheered bj tho diggers as they marched from tho ground .
A now gold field has recently been opened at tho native Dog Creek, a locality hine; botweon the ‘Western District and Lambing Hat, but ascertained to bo within tho former
It was originally opened bj certain Chinese, being some of those who wero driven off the Lambing Hat, and who, while making thoir way towards tho Western gold-fields, hit upon this ground ihonowsof tho discovery spread amongst tho Celestials, and there wero soon somo 3000 of them on the ground
They could not, however, so conceal thoir opentioas as that thoj should romain unknown to tho Europeans, and tho intelligence getting abroad, somo eightj or ninety diggers collected there Iheso men m no waj interfered With the Chinoso or their ground, but spread themselves over tho country prospecting in tho hopo of striking pay áblo gold lins, o small party of whites succooded in do ing, but the) hnd been closel) watched bj the Chinese, who rushed forward when tneysawthe prospector» peg- ging out their claims, drovv the pegs, and with very con- siderable violence drove the whites ofl the giound Iheso lattei on their return to camp, nt once laid their case be- fore their countrj men and the result was that, en the following (lav, the British went m a body to tho spot indi- cated, and attci a bnet struggle, succeeded in forcing tho interloper!, from tho giound, but, not content with this, the) pushed their victo!j too far, pursuing the 11)eng Chme-,0 oven into the midst ot their camp Hero thej wcic met bj tho whole available force of tho Celestials, and i desperato hnnd-to-hand fight, with bam- boos, knives, and tomahawk«, ensued, ending, as might be anticipated fiom the disparity of numbers, in the tolnl route of tho whites, several of whom were vorysoverolj and somo dangeiously wounded Great excitement pievailed for some timo afterwards, and no doubt fierce reprisals would have been mndo upon tho Chinese, but for tho timely arrival of tho Gold Commissioner and a strong force of tho mounted patrol
An enquiry was held into tho circum- stances, and sov eral persons w ero committed for trial foi the not Since then, this loenbty has sunk into compara- tivo insigmficanco as a gold-held, and though efforts aro making lo keep it afoot by subscriptions for tho maintenance df prospecting parties, the population aro fast leaving 1
At Kiandra lrost and snow have set in unexpected!), and with more than ordinary scient), and the consequence has been that all who could possiblj get awav have left Ihoy who, m their firm reliance upon tho golden character of tho Snowv, have determined to taco out the inclemoncy of its vrratei, aro now shut out fiom woik by tho ».ant ot water, ever) drop beeng held in tho hard grasp of the ico king
At tho simo tuno sov oral localities, in com parativo proximity to Kiandra, but in a more genial though still somewhat ngid climate, havo lattoily been attracting considerable attention We alludo to several auriferous spots in tho Monnroo distncts, whtch havo been woiked for some weeks past, and nt which parties uro now setting in regularly with moro than ordinary perseverance Ono part) oí ten havo cut ance fifteen miles long to bring water on to their claim, and another havo elected powerful machiner), b) which thoy raise wafer 180 feet from tho I pel to supplv the meo leading to their claim I Paj ablo gold has been lound by prospecting parties m | several localities around Gundagai, but tho allurements of other and more promising rushes have hitherto prevented mi) extensiv o test of their auriferous capabilities
Still a few parties havo collected at each of theso places, and tho finds are interesting as beanng out a statement made somo tuno back by Mr Hoy, that tho whoio of the couutrv l)ing between tho Murrumbidgee and the Murray was highlj aunterous írom Adelong wo havo no intelligonco of interest, though quartz mining and crushing seems to be carried on aleadil), the escort returns showing but slight fluctuations
Tho M ahgun)ah rush, which was at one timo regarded as one of ver) great importance, as, indeed, it would have been, had it been successful, since it diew for a time a very largo number of “V. letona miners ncross our borders, has not turned out so well as in the first instanco it promised to do Bj somo fntahtj, wo hnve been left almost m the dark willi regard to what has been going on hero for somo tuno past, and wo onlv now learn the real state of aft urs It 6cems tint tho sinking is ver) deep through a loose, wet soil, requiring tho shaft to bo slabbed and tho pumps to bo continual!) at work, and then, after all, thora aro no rich )ields At tho same tuno there aie no pool ones, the fwld being pretty regularly distributed Such ground as Uns tho regular digger cares not n fig about, as ho prefers to work ground where ho has the chanco of making n good slake, even though theio be tho chance also of his sinking | ten or twenrj holes and getting nothing
At Gundaroo, and at Bevernl spots within ii fovv miles of Goulburn, gold has boon found by prospecting parties, hut only in small quantities Still, the discover) his so fur tneouraged them as to lead to the hope that a spot may be found that will pav for the working In tho Braidwood distntt, mining affairs mav bo said to be steadily progressing Dunng the contmu-inco of the Uno weather, manv of tho claims on the Araluen havo been awe to wash up, and their returns have been beyond ex- pectation , so much so, that tho old vnllev is said to now nial her palmiest davs
At Jembaicumbene, where tho population is moslh Clunese, the largo claims aro also timing out n good deal of gold Majoi s Creek and Little «iver are somewhat dull, though wagos are being made Hell s Creek is now ncarlv taken up entirely by the Chinese who work all the giound through as thcygoilong In Mci.tho largest portion of tho population now on this gold held is Chinese îhe reports from the different places wong tho banks of the Shoalhaven show the population to l» increasing, the ) teld of gold increasing steadily with it Tlic Gulf diggings havo now been firmly established as t pood pav oble gold-field, nnd havo been proclai mod as such D) tbo Government Ihev have not lealised the gieat ex- pectations that were fonned of them on their first discover), iji J airead) turned out a v er) large quantitv of gold, and have handsomely paid thoso who havo woiked on them
The diggers hero have boon but ¡e», as the hcav) scrub which surrounds thom, so thick as w exclude the sunlight, even at noonday, has deterred vin many from facing them, particularly ns such a location is known to bo unhealth} Were a largo population ho w «“»« to assemble on tho spot this causo of complaint would ven soon bo removed 1 rom the Western gold-fields wo havo but Cow lt^ins of news, if wo oxcept,tho dotaitsof üxacmtiiiá al Nativo Dog Crook,* already detailed.
Tho wholo district seems to havo been inundated by tho Chinoso, and this is moro particularly tho caso on tho Meroo. Tho natural offoct of this has boc« to keep up the amounts received by osoort to a regular standard, and oven to incroaso it, uotwitlistanding tho Humorous rushes by which many European miners havo, been drawn from their steady work in the district.
The Meroo is now being worked carefully throughout the whole’ of its length, the persevering Mongolians passing cvory atom of dirt through tho cradle. Alargo number of pug mills lmvo boon erected along the Uno of tho river, but want of water as yet forms tho groat drawback to their, full success.
Quartz-crushing, tis we have before remarked, 4n previous Summaries, is now occupying a very considerable amount of attention in this district, and several, crushing machines are in courso of erection at different localities near to which quartz reefs havo boon discovored : and oponed.
A number of Chinoso are also working on the Abercrombie, where they have oponed some new ground whioh is reported to be very rich-one party, or wo should rather say’mob, of Celestials having niado 300 ounces in six weeks.
Tho Mudgee Kcwspaper gives somo vvondorfitl accounts of great success nt Cooyal, n fow milos distant from Mudgee, on tho Maitland road, out tho editor declino« to vouch for their accuracy. An authentic report of a visit subsequently ! nindo to tho locality shows tho grouud to bo very promising, and, though tho number of men now working aro fow, they are all contented with their earnings.
Coming now to the Northom gold-fields, tho Peel and Hanging Hock diggings show no chango ; mon aro work- ing there quietly and coutentodly, and aro not to bo drawn away by any ncconnts of rushes, bo thoy ovor so splondid. One of tho surest signs of tho steady prosperity of a gold- field is to hear but little talk about it, and to soo tho popu- lation fixed and tho escort returns giving a regular average. This is especially tho caso at tho Hanging Kock.
Tunnelling appears at tho present moniont to bo tho favourito modo of working nt tho Itocky Uiver, and, though (ho mining population is small and scattered, tho different parties aro making fair wages by dint of hard work, being at tho samo time in hopes of at some time hitting tho lost load, which just appeared sufllciontly long to givo n golden store to n fow favourites of fortuno and fo induce thousands to flock to the ground, and then vnnished, leaving behind no trace of its where- abouts.
The Armidale Express publishos tho oscort roturas for the last twelve weeks, and, taking tho number of miners on tho Itocky, proceeds to show that those diggings nie yielding moro gold por man than any others in tho colony. However, in this calculation, tho yiold of tho old Bingera field seems to havo boon lett out of account.
Out- last reports theneo show somq 300 minors to bo at work there, of whom about 200 are Chinoso Tho old diggings aro said to bo now yielding better than they did ovon in their palmiest days, nnd it is broadly nsserted that it is tho gold sout theneo that has kept up tho oscort from tho Itocky Kivcr to its present attractive figure.
Tho quart/, reefs nt tho Ironbark aro now being worked more vigorously than eyer, astho miners havo a prospect of return lor their labour, the¡now crushing machine having at last been declared to bo bo in proper working order. Somo picked stuff that r has, been crushed, has, in three diflerent instances, yioldod 12 oz., 14 oz., and l8 oz. to tho half cvvt. of stone, n return that promises well for tho rich- ness of-the quartz.
Tho number of miners lins boon gradually increasing, but tlioro was considerable excitement amongst them owing to the intelligence that had got abroad of a mighty torrent of Chinese that was about to be poured upon them. From the new rushes on the tablo land of tho Clarence, favourablo accounts havo beon received, and in such u definite and authentic form that wo may now form somo opinion respecfing them.
There aro about a hundred minors at each of these places, and all aro reported tobo doing woll. Tho dense scrub ol’ the surrounding country forms a great drawback, and prevents any but tho regular. old bushman from venturing into so perilous and difficult a country. Tho Maitland Mercury, usually woll informed on all matters bearing on tho interests ol’ tho Northern districts, reports the discovery of payable gold on tho Namoi Uiver, but without giving any further particulars.
The Tenterfield Chronicle assures its readers that only now aro the Timburra gold-fields approaching devolope ment, as nil the ground which has hitherto been worked ns surface claims will pny for sinking on, as has beon evi- denced by a party of four, who aro now making £25 n week per mun, by «inking on the old surface claims, whilst others arc mnking fiom £ô lo X7 per man per week.
With tensions on the field barely contained, the occasion of Chinese miners successfully defending their claims against attack at the nearby Native Dog Creek, escalated the sense of anger at the ‘Celestials’.
2nd July 1861
On Sunday 30 June, the long threatened ‘roll up’ occurred that brutally drove the Chinese off the field from their camps in Blackguard Gully and Back Creek
A first hand account of events was delivered by the Herald correspodent writing at 11pm that same night.
At the very time these words were being penned the brutalised Chinese were once again on a long trudge seeking refuge on a cold wet winters night at James Roberts’ Currawong Station some 20km away.
2nd July 1861
By express to Yass on Saturday last it was pretty generally known that a roll up would take place to-day against the Chinese.
The immediate cause of it I cannot say. Some state that the diggers are determined to drive them off these fiields – others that it is in consequence of their having struck a lead of gold’ at Back Creek, and some assert that it is in retaliation for the Native Dog Creek affair.
Certain it is that it took place, and for destruction of property it exceeded any riot that has ever yet taken place, on these fields.
Between 10 ,and 11 o’clock, at Tipperary Gully, the muster took place. Upwards of 1000 men, most of them armed with bludgeons or pick handles, headed by a band, and carrying several large flags-, one inscribed with the words, “Roll up-no Chinese!” formed into procession, and marched into Lambing Flat.
On reaching the town several unfortunate Chinese were observed, and a general rush at them took place. The Chinese took to their heels, but to no purpose, for they-were caught, and several of them had their pig-tails cut off, and were otherwise mal- treated.
The mob, now between 2000 and 3000, crossed the main creek, and leaving the commis- sioner’s camp on the right, made for the camp of the Chinese, who were working inside the boundary set apart for them. The Chinese having taken flight, upwards of forty tents were burned down, and all property of every kind destroyed.
They then proceeded to the ground where the Chinese were working, and destroyed all the wind- lasses and tools they could find, throwing them down the shafts.
After proceeding about a a quarter of a mile, they again halted. Several shots were fired ; it was then proposed they should proceed to Back Creek, a dis- tance of six miles, where several hundred Chinese were working, which was reached in about two hours.
The Chinese had obtained information of their approach, and having packed up everything they possibly could to carry away, made a hasty retreat. Tents by scores were set on fire ; rice and stores of all kinds des- troyed, butchers’ shops filled with meat, set on fire. For a distance of half a mile, the burning tents showed the work of destruction.
Not content with this, some men on horseback pro- ceeded forward and overtook the Chinese- some 1200. They rounded them up the same as they would a mob of cattle, struck them with their bludgeons and whips, and made them leave all their swags.
And now ensued a scene that defies description. Six or seven immense fires were made with clothing of all descriptions, stores, rice, blankets, boots, a large quantity of them quite new, being heaped together and set on fire ; men with picks and axes destroying everything that would not burn. Having destroyed and burnt all they possibly could, they again formed into procession and returned to Lambing Flat, which was reached about half past 5 p.m.
A report being spread that three men had been arrested for abusing the Chinese, the mob determined to proceed to the camp to release them. A gentleman having just returned from the camp assured the crowd that such was not the case.
They appeared satisfied with his statement, but asserted that if such was the case that to-morrow they would release them, they continued their way to Tipperary Gully. Only one member of the late League did I see in the procession on its arrival at Lambing Flat.
They appear to have taken no part in this affair ; but that men connected with business, &c., and supposed to be interested in upholding the law, should have identified themselves with these illegal proceedings is a disgrace upon the colony.
But what did the authorities do? -nothing ; because there was no force at all adequate to cope with such an excited mass of men. –
When- the military were ordered to leave here, I forwarded you a telegram that I thought the Government could not possibly have been in the possession of the general state of this place, for I felt certain that until the Chinese question was settled their presence was absolutely necessary.
Many laughed at my assertions, and wished to make it appear they were unfounded. These proceedings confirm my statement ; and more, I may add that another and greater roll up, I expect, will take place ere long. From a force of upwards of 300, our executive wisdom in one week reduced it to some twenty policemen, over a district with a population second only to Sydney, and composed of all the elements of disorder.
Our Chief Com- missioner leaves us-the Superintendent of the Southern Patrol leaves-the Assistant-Superin- tendent also leaves,-and this field, until the last few days, left in the charge of two commissioners, whose duties alone on the bench are such that they cannot possibly attend to one-third of the business connected with the disputes that daily occur.
When will our Liberal Government see the necessity of settling these vital questions con- nected with the management of the gold-fields. Sticking up with impunity still proceeds with- out, it appears, any endeavour to stop it. On Saturday, two men, armed, and on horseback, between Cowra and this place, stopped and robbed several parties. Our escort takes in the morning 3644 ounces and £550. This is the largest escort that ever left this place for one week.
4 July 1861 LAMBING FLAT.
Wednesday, 6 a.m. In* the telegram I forwarded by express on Sunday I did not attempt to give any particulars of the atrocities committed upon the unfortunate Chínete.
After they were driven from Back Creek tl;ey made for Roberts’ Station, distant about twelve miles from this place, perfectly destitute.
Mr. Roberts supplied them with flour, beef, and what clothing he possibly could. Many were seriously injured ; two lay there in a very dangerous state, and are not expected to re- cover.
Some three or four are missing. Up to the present time no measures appear to have been taken by the authorities for the arresting of the leaders of this diabolical outrage.
It is openly stated by many on this gold-field that another roll up is to take place against the Chinese at Wombat, and the store- keepers who have supplied the Chinese with stores. I have been over a great part of these fteleîs since Sunday, and so far as I can léarn the general feeling is.syrnpatliy for the unfortunate -Chinesen
This roll up differs from all others in atrocities committed, and the destruction of property is», at least £5000. I noticed one man who returned with eight pig- tails attached to a flag, glorying in the woik that had been done.
I also saw one toil, willi a part of the scalp, ihe size of a man’s hand attached, that had been literally cut from some unfortunate creature ; another had his back broken. In fact, the injuries they have received it is impossible at present to arrire at. No digger or storekeeper that I have con- vened with but expresses their regret that there was not a sufficient force assembled here to check these proceedings.
Many of the leaders and the more prominent in the proces- sion have left this field during the last twenty four hours. Many of those, who ardiere openly defy the authorities to arrest them, or the Go- vernment lo punish them. Without stringent measures are adopted by the Government at once the countiy will yet hear of such proceed- ings ¡it this place that will strike terror throughout the colony.
6th July 1861
Several days later and additional accounts were received by mail and published in the papers.
Amongst the descriptions of the affray, calls for a strong response sounded out. As the writer here notes – “If the Government do not attempt to bring some of the parties engaged in this last riot to justice, no man’s life on any of the gold-fields will be safe.”
6th July 1861
One of them has been handed to us with permission to print the following extracts. The letter is dated the 1st instant, 2 a.m. …
I have been since eight o’clock yesterday morning up to the present time in one continual ex- citement. I was an eye-witness to all I shall describe:
I know of two despatches having been sent to the Government. No one at a distance from this place can form the least idea of the scenes of brutality that have been committed this day – it surpasses all previous “roll-ups”.
The destruction of property must be something immense – fully three hundred tents have been burnt to the ground. How the Go- vernment, after incurring the expense of sending the military here, could have withdrawn them so suddenly I cannot understand.
Every road leading to this place is swarming with bushrangers, and there is no mounted force that affords any protection. The scenes that nightly take place at Tipperary Gully are fright- ful-great mobs of men fighting and committing every crime unchecked – crowds of men of the very worst class taking possession of public-houses, and de- manding drink without money; landlords and their servants behind the bars with loaded revolvers threatening to shoot any one that attempts to take any thing, or get behind the counters ; brutal fights and assaults committed upon respectable men, who dare not appeal to the authorities; robberies every day and night.
Without some measures, and very strong ones too, are taken at once, anarchy and bloodshed will be the result. . .
Had the Chinese at first have been reinstated in their claims, the law upheld, and then the grievances of the diggers enquired into, and legislated upon, the question would have been settled.
As it is now, it is difficult to say what the end of it will be ; it is getting so complicated that I do not know what really would be the best course. If the Government do not attempt to bring some of the parties engaged in this last riot to justice, no man’s life on any of the gold-fields will be safe.
I saw the appointment of a Mr. Campbell some time since to enquire into the claims of the Chinese, but that is all – Mr. Campbell never having arrived.
My own opinion is that a commission ought at once to be appointed, to proceed to this place to enquire into these atrocities, with a sufficient force to uphold law and order; and to come to some decision as soon as possible in recommending the Government the course they ought to pursue. This ought to have been done when we had a force here.
Any one here, with the least discernment, could have seen that the quietness occasioned by the presence of the military was from their presence alone, and not to any removal of the causes that originally occasioned these unlawful pro- ceedings.
The present Ministry alone are answerable to the country – the great responsibility is on their shoulders. The country will not be silenced by any communication from Government officers, giving an account of the orderly and peaceable way in which men proceeded in the work of destruction, and only cut off a few pigtails from the unfortunate Chinese just for fun.
Something must be done, and the sooner the Government come to a decision the sooner the coun- try will be relieved from the foulest blot that ever rested upon the golden land of Australia.
JULY 5th.- The telegrams I have forwarded will have placed you in possession of all particulars with respect to the proceedings that have taken place here.
In many cases it has answered the purpose of a few to state that the reports sent from this place to Sydney with respect to these “roll ups” are gross exaggera- tions.
To those who are disposed to say or think so I can only reply, if it had been their duty, as it was mine, to follow and report the proceedings that took place on Sunday last, and have been an eye-witness to the outrages and atrocities committed, they would, I feel fully convinced, agree with me that no man could exaggerate, or pen describe fully, the sickening and disgusting brutality that was committed upon that day.
If those who have a great repugnance to the Chinese and opposed to their being engaged in any capacity or employment, or to their being allowed to enter the country at all – could have been present and in the possession of the least spark of human feeling or compassion, it would have made their hearts bleed to have witnessed what I did upon that occasion.
Men, or rather monsters, on horseback, armed with bludgeons and whips, with a fiend-like fury, securing the unfortunate creatures by taking hold of their tails and pulling their heads so that they came with their backs to the horse and their heads upon the saddle, and then cutting or rather sawing them off, and leaving them to the fury of others who surrounded them.
One unfortu- nate Chinese boy went down upon his knees, the tears ran down his cheeks as he lifted his hands and pleaded for mercy ; a ruffian, with a bludgeon suffi- cient to kill a giant, with one blow felled him to the ground. Another unfortunate creature, a cripple, was trying to crawl away into the bush – he could not walk – and endeavouring to take a blanket ; it was ruthlessly torn from him, and carried to a fire where their property was being consumed.
Here was to be seen another propped up against a tree,his forehead laid open, and the blood running down his face – truly terrible to behold. But these details are sicken- ing. I have only mentioned what came under my own notice.
Were I to narrate only a tithe of the atrocities committed that day, that have been, communicated to me, it would fill a volume. The country must now be fully alive to the necessity of dealing with this most momentous question.
The mismanagement of these fields from the very first – the excuses that have been offered upon all occasions by the Government for these illegal proceedings – the visit of the Honorable Charles Cowper, Premier of New South Wales,
– and his up- holding the illegal proceedings in allowing the claims of the Chinese to be sacrificed without any attempt to reinstate or compensate them – the presence of the military to uphold law and order, and their withdrawal when the Government must have been in possession of information of the utter inability of any except a large force maintaining order
– the expense that has been saddled upon the country – with no other results than complication and confusion, surely must con- vince the country that our present Government are utterly incompetent to deal with the most vital and important interests of the colony – these appear to be nothing compared to their own personal aggrandise- ment. To use an homely phrase,
“ It’s a long lane without any turning.” For all interests and classes, for the present and future of this colony, it is to be hoped that we have now reached one, and that such deeds as have been enacted under our present liberal constitution – the people’s liberal Ministry and mob law, may never again occur to blot the history of New South Wales.
9th July 1861
Amongst these accounts one record of enormous importance stands out. It is a letter from the Chinese to the NSW Governor outlining the extent of the grievances visited upon them at Lambing Flat over the course of that year up to and including the most recent riot.
9th July 1861
To his Excellency Sir John Young, Knight Com- mander of the most honorable Order of the Bath, Commander-in-Chief of the Colony of New South Wales, and Vice-Admiral of the same, &c.
May it please your Excellency,- Pardon the liberty I take in addressing you on a subject of so much importance to the colony of New South Wales, the cause of Christianity, and civilisation.
On 17th February last, the Chinese were driven from Lambing Flat by a lawless mob, who burnt their tents and jumped their mining claims, inflicting thereby a great deal of hardship on them.
None of them being able to interpret the English language properly, on this acconnt they sent for me, with the view of having themselves properly represented in cases of litigation with Europeans.
On the 5th April, Mr. Commissioner Cloete having driven a number of Chinese from their mining claims on Blackguard Gully, Lambing Flat, the said Chinese having their “Miners’ Rights,” expected therefrom to be protected as elsewhere.
On the day following I sent a letter to the Commissioner, requesting him to explain the reason why he had driven the Chinese from the ground which they held according to law.
He refused to send me a written reply, but requested me to see him personally, which I did. He then stated to me that they were over their boundary which he had prescribed by the order of Mr. Cowper, Chief Secretary, and that he would drive them off if they ever ventured over it, whether they had miners’ rights or not !
This I communicated to the Chinese, when they requested me to go with them to the Commis- sioner and state their grievance before the tribunal. Six hundred men went. I stated their grievance to the Commissioner, and requested him to protect them and cause to be restored their mining claims, which a lawless mob had forcibly taken possession of contrary to law.
He (the Commissioner) then publicly de- clared he would do nothing of the sort. He treated them with contempt, and told them he would grant them no redress whatever, and ordered them from his presence.
On the 28th June I went to the police camp, and told Mr. Commissioner Lynch that I had been told that on Sunday, 30th June, a mob of men were going to muster from Tipperary Gully and drive the Chinese off their claims, and plunder them as usual.
I begged of them on this account to protect the Chinese ; when he stated to me that they would not get any protec- tion. On Sunday, 30th June, about four hundred men, with a banner and a band of music, came from Tipperary Gully, which is about three miles distant from the township of Young.
They went to a Chinese camp, about a quarter of a mile distant from the police camp, where about three hundred Chinese were workiug. A number of Europeans, armed with clubs, knives, tomahawks, and firearms, set to work assaulting the Chinese indiscriminately, who showed no resentment, but fled from their fury.
Their tents and other property were destroyed by fire, many of them being so severely wounded that I entertain but slight hopes of their recovery. At Back Creek, some six miles distant from Lamb- ing Flat, about 1200 Chinese were located there.
The same mob that assaulted the Chiuese at Lambing Flat, accompanied with the banner and band of music, went to Back Creek and perpetrated the most fearful outrages on the unoffending Chinese there.
Hundreds of them were brutally assaulted, their tents and blankets were burned ; that which would not burn was wantonly destroyed. Every Chinaman that the mob laid hold of was knocked down and robbed of his money, their persons maimed, and otherwise treated with the most barbarous cruelty.
An European woman with three small children, who is the wife of a Chinaman, was sitting in her tent rocking her baby in the cradle. The lawless mob burned down her tent, and the cradle wherein the infant was sleeping. Her own and children’s clothes were torn to pieces by a lot of vagabonds, who coun- selled together for the violation of the woman and murder of the children, but were prevented by the timely interference of some of their number less hardened than the others.
A Back Creek, about a quarter of a mile distant, directly opposite to where the Chinese were located, is a police station. I applied there for protection when the mob was approaching, and was told they were waiting for orders.
After the affair was over I asked the police why they did not come and do what they could to prevent the mob from committing such fearful atrocities, when they told me that they had been ordered to stay where they were.
The tents were heaped together by the mob and burned. On the sides of the road, and for several miles in the woods, are to be seen numbers of Chinese, some with their skulls fractured, limbs broken, and otherwise fearfully mutilated.
The night was cold and rainy, but the unfortunate Chinese have no tents to shield them from the rain, no blankets to warm their mutilated limbs, nor money to buy more – the simple necessaries of life are beyond their reach. They have been robbed by a lawless mob, while the law affords them no protection ; but panders to the vices of desperadoes. What is to become of this unfortunate people ?
I appeal to your Excellency to take their case into consideration. If relief is not speedily given it will be of no service if it comes too late !
Their case is truly deplorable. I beg to call the attention of your Excellency to this fact, that in this district a number of designing men have formed an impious compact for the purpose of plunder and robbery, violence, and other dis- honesty, the acquisition of political power, and the overthrow of your Government.
That the same party are chiefly composed of European foreigners, who are in principle hostile to us, and would glory in trampling our constitutional Government under their feet ; that the same party are those who have at several times committed those fearful outrages on the Chinese, and are now preparing to turn their weapons in another direction against your Government.
That these facts are known to the local authorities, I sup- pose, from the fact that they must know its leaders by seeing them whilst making public demonstrations.
But whether it is through fear of the mob or the want of courage, that they do not bring the offenders to justice, I leave your Excellency to decide. By the late treaty made with the Chinese, they are permitted to come here on the same footing as British subjects ; by the treaty previously made they were to be admitted and protected as other foreigners. Prior to their coming I assured them that the principles of our Government was to maintain order in all its colonies and dependencies that it protected all people within the limits of its jurisdiction, and that it had benevolence for mankind at heart. Hitherto they have had ample proof of this. But since the riots at Lambing Flat commenced they have been continually assailed by the rabble, who take every opportunity to harass them.
Their lives have been imperilled, their persons assaulted and maimed, their property plundered, and all manner of exaction and violence have been practised upon them. With all such barbarities they had to submit ; they had no voice that was heard by the law, but had to abide by the degradation !
The number of Chinese in New South Wales is about 20,000 ; their number altogether in Australia is 62,100. In China there are from 100,000 to 200,000 British subjects. The interests of the Chinese are trivial ; the interests of our nation in China are very great, amounting to several hundreds of millions of pounds sterling annually.
If we expel the Chinese from the country, we must, by the same rule, submit to expulsion from China. The present commercial age forbids such a narrow minded policy. We must go on the give and take principle. I, therefore, appeal to your Excellency as the ruler of a whole-souled intelligent people for the protection of the Chinese.
My appeal to the local authorities from time to time has been treated with silence or contempt.
My efforts have all been in vain. The Chinese look to me to get them protection. I sought it from the local authorities, but they gave it not. I therefore beg of your Excellency to inform me at your earliest convenience whether you intend to grant the Chinese protection or not ? Your answer I will communicate to the Chinese as soon as I receive it, so that they will know how to act in future.
The losses the Chinese have sustained are about £5000 (five thousands pounds) in property. They have been robbed of gold and cash to about a like amount, and are now plunged into the utmost poverty and distress. The interests of Australia forbid any legislation intended to debase or exclude the Chinese from here.
They are sober, peaceful, and industrious, and for agriculturists there are no people superior. We have got soil and climate capable of producing anything. We have mines of gold, coal, iron, copper, and lead, and everything capable of producing a national pre-eminence such as the world has never before seen, if we are but faithful to the behests of Pro- vidence.
Why may we not be enriched by the splendid pro- ducts of Chinese art ? Why may not our broad acres produce cotton, sugar, tea, coffee, rice, and oil ? Or the rich silks of China be woven in our looms ?- or their world-renowned porcelain and crystals be manu- factured from our quartz ?
There is a boundless field here for the employment of their exquisite handiwork. If we had not millions of acres that wanted hands, their presence might interfere with the profits of our labours. But while the door is open as with us, and so many inducements offered to every new enterprise, there is nothing wanted to call forth our energies, and with such inhabitants, a country must get on well if they are allowed but fair play.
If the Chinese were but properly dealt with, and protected as they ought to be, they would aid much in the development of our national resources when settled on the land, and cultivating the valuable pro- ducts of the East. In a few years hence when settled
* The 400 men here alluded to were the number which I saw perpetrating the outrages on the Chinese. There were in all about 2000 men, if not more, but the greater number took no hand in it. on the land with their wives and families, the mis- sionary would easily induce them to embrace Christi- anity.
They would accumulate property and assume their proper position as men of the world. Thus, mutual interests would be created, mutual civilities extended, and common sympathies excited between us and them. Harmony and prosperity would await us, and the day come around when each man would find peace in his own sphere of duty. Australia would then know her calling – she would became a blessing to all within her borders, and be blessed and honourable in the eyes of the world. I have the honour to be, Your Excellency’s most obedient servant, JAMES McCULLOCH HENLEY, Anglo-Chinese Linguist. Lambing Flat, July 3rd.
20th July 1861
Several weeks later the Herald correspondent returned to the events surrounding the riot of 30 June in a most comprehensive summary.
20th July 1861
SINCE the departure of the troops from Lambing Flat it has been evident to many persons resident there, that the strong feeling against the Chinese that had previously broken out in disorder had anything but subsided ; and our Special Correspondent, who had been sent up purposely to watch the course of events, has over and over again pressed upon the public, through our columns, the necessity for largely in- creasing the police force on the Burrangong goldfields, if it was intended to prevent the recurrence of scenes of brutality and violence, such as ii hid been his misfortune to have previously recorded.
No attention was paid to these warnings, coming from all quarters ; and so long as no actual disturbance took place, all was considered to be going on well.
This fancied security received itB first Bhock on the 18th of last month, on which date the cry of “ Roll-up “ was raised for the first time since the departure of the military. It was successful to but a very small extent, bringing to the “No Chinese” standard some thirty Europeans only.
These, however, were well armed with bludgeons and revolvers, the evident nucleus around which it was intended that a larger force should form. Con- trai y to their expectations, they were not joined by tile numbers they anticipated, and their work was consequently carried on upon a comparatively minor seule of destructiveneea.
They attacked and drove off from the Flat, on which by the authority of the Commissioners they were encamped, a body of forty Chinese, and «ete about to burn the tents and other property ot the Mongolians, when luckily Mr. Henley, the Chinese interpreter, arrived, and by his prompt inteiferencc and decided attitude saved the goods, and no doubt prevented scenes of violence and cruelty similar to those which subsequently occurred.
This outbreak was known to «11 on Limbing Flat, and waa made public through the columns of the 1’resB, and yet all those who alone were in a position to nip the evil in’ the bud, remained willully blind to the significant act here perpetrated.
Everything was allowed to go on as usual ¡ no attempt was made to strengthen tnc hands of those in authority on the ground ; no step was taken to prepare for the concentration of such a force upon the ground as would have overawed the rioters who had thus shown themselu « so persistent in their violence.
At last tlic storm, which had been so long seen, by all but those who bhould have been the most atten- tive in their examination of the social horizon, to be impending, broke with a violence) that at once woke up the sleepers from their pleasant dreams.
On Sun- day, the 30tli June, the residents of Tipperary Gully were aroused by the cries of “Roll up,” and in the course of a very short time upwards of a thousand men, armed with bludgeons and pickhandle«, no fire- arms as jet appearing, were assembled round the “ No Chinese” standard. Forming themselves in a rude kind of order of march, and with a band of music, which appears to have been thoughtfully pro- vided for tile occasion by the leaders ot’ the movement, at their head, shouting, yelling, and singing, the crowd of rioters * took the road to Limbing Flat, a distance of some four or five mile».
Arrived there, every Chinese resident in the township on whom hands .could be laid was attacked and maltreated, the chief object of ambition being to secure the long tails of hair with which the Chinese arc accustomed to orna- ment their heads. The main body was here joined by numerous others, who carte Hocking in from all quarters, until the number assembled amounted to at least 3000 persons.
Finding themselves so strong, and being determined to make a clean sweep of the Mon- golians now that they were about it, they now turned their attention to the Chinese camp, situated on the spot and ?»¡thin the area allocated to them by the Commissioner in accordance with the regulations pre viôubly made, and apparently agreed to hythe diggers, 1 his Was at once attacked and carried, the Cnmese biing driven off, under circumstance’s ot great bar- barity in some cases, and in hil cases without being permitted to take with them any portion of their pioperty.
It has been said also that many of them were robbed of various amounts ot gold and cash ; and that, mixed up with the crowd of rioters were numbers of women and children all actively engaged in plundering the property of the runaways of everything valuable, or convertible, piior to carying the remainder to the enormous fires that were kept up with such kind of fuel.
In the mean time the band, placed in a conspicuous position, enlivened the scene by placing spirit-sttring aire, to an accom- paniment ot yells and shouts that would have done credit to a New Zealand war dance. Excited with their triumph, heated with their violence towards un- resisting captives, and possibly thirsting for the plunder, of which this last attack had given them a taste, a wild and savage yell of joy was raised, when some one suggested Hack Creek aa the next spot to visit.
Shouting, firing (for guns were now pretty generally produced), singing, laughing, and cheering, the body of rioters mo ed oft’ towards Back Creek, a locality about six miles from where they then were, and tv here it »as known that there wet e several hundreds of, Chinese at work. Information of the piojccted attack wns, however, taken over to the Chinese in this locality, who, hastily packing up the most valuable and portable portions of their property, hurriedly made off from the spot.
The rioters were not long behind them, and on coming up,’ a savage yell e,f disappointment rose up from the mob when they found that their prey had escaped. The tents, goods, &c, left behind were fired, after having been carefully looked over for plunder; and such articles »b would not burn were de- stroyed by being broken with axes. Wnilst this had been going on, a number of the rioters, who were mounted on horseback, galloped forward on the track ol’ the retreating Mongols, overtook them, not much more than a mile away, headed them, and rounded them up in the same way as a shcpheid-dog would do a flock of sheep. Information ot the surround was sent off to those behind, who, eager for their prey, .were already on the road.
Here ensued a scene such as, thank heaven ! it seldom falls to the let of a Bri- tish Journalist to record. Unarmed, defenceless, and unresisting Chinese were struck down in the moat brutul manner by bludgeons provided foi the occasion, and by pick handles. The previous excitement had done its work, and now the wretched Mongols were openly and unblushingly searched fpr valuables, and robbery was committed without the slightest attempt at concealment. V
ery few of the peor creatures here attacked escaped with their pigtails, none of them without injury of some kind, whilst every article of the property they had endeavoured to take with them was plundered of all that was valuable, and then burnt. Some of the acts of barbarism said to have been committed here »eresuch, that Englishmen can scarce be brought to credit that their country- men could be guilty of . tbem – for who amongst the Biitish people could ever believe that men n of their own ? country-Britons, would take the Chinese pigtails with the scalp attached.
That this was done in more than one instance there can be no doubt, since the possessors of these trophies made no concealment ol them, but rather prided themselves on their possession. *
With such facts’before;th’eir very eyes,” it is not to be wondered at that the feeling of the large bulk of .the residents on the spot is greatly against’the per petratoiB of so gross au outrage, and that expressions of the utmost indignation’have been mon freely made use of. , ‘ ‘ ‘ ‘
So extensive and savage an outbreak could nat falb iii at onco opening the i-)cs of all to the real position in which the auihoritics at Lambing Flat were placed, and now m lust was done that which should have been dime long before.
Devastating though the events of 30 June were for the Chinese, it is the affray that came along afterwards that actually proved more shocking to those with political authority.
This prompted 1000 miners to attack the lock up where they were held in what proved to be NSW’s largest ever civil uprising.
A police horse charge and gunfire broke up the riot with one miner being killed and many others wounded from sword thrusts and being trampled by horses.
The following day the three men were hurriedly released and the police and many officials beat a hasty departure from the field. Before long however they were back with reinforcements. Martial law was declared on 17 July and with 280 extra troops there to enforce it, it worked.
Soon after some 250 Chinese were escorted back from James Roberts’ Currawong property where they had sheltered and were re-established at Back Creek.
20th July 1861
Along with the return of the military to the field came the erstwhile reporter for the Sydney Morning Herald who had beaten a strategic departure along with the police after the miners’ assault on the lockup. His even handed reporting of events had seen him pegged as a Chinese sympathiser – not a good tag to wear with no police presence on the field.
His authorative account of the second riot complements his earlier work.
20th July 1861
Captain Zouch, with the troopers of the mounted ]iatrol,-arrived liiere on the evening of the 6th instant, ¡several inen of the foot police having come up from time to time, until the total number of the force, horse and foot, reached 57.
On the following day, Sunday, the 7th instant, tin re was a very large assemblage of diggers and others in the township, and though rather boisterous, there was no rioting. Things remained in a perfect state of quiescence during the week, and it waa imagined by bohic that this outrage, like those which had preceded it, was to be allowed to die quietly out of memory, But in the interim, explicit instructions had been received from the Government to enfore the law by apprehending every one of the ringleaders in the last riot who could he identified.
No opportunity of carrying these instructions into execution, occurred until Sunday, the 14thinstant, on which day, from the diggers being unemployed in their holes, and, therefore, out and about, and generally assembling in the township, the police identified and arrested three of the ringleaders in the late riot.
The news of this arrest spread like wild fire along the diggings, and the cry of “ Roll-up ! ‘* was quicklj raised m Tipperary Gulley, which appears by all accounts to De the centre of all disturbance. Thcfalaini thus raised quickly broughtup anarmedmob, the number in which has been variously estimated at from COO to 1000 persons, which, under self-consti- tuted leaders, who appeared to statt up ready for the occisión at once marched up to the camp. Intelli- gence of the advance was given to the authorities, who speedily put the camp into a state of defence, and placed ihcir nun in such positions as to offer the most tflectual resistance in the event of violence being attempted.
Shortly before tight p.m., the mob, all fully armed, drew up in front ot the camp ; but, before proceeding to extremities, sent in four delegates to have an inter- view with the Commissioners. They were met by Captain “ouch, of the mounted patrol, and Commissioner GrifUn ; and, in the first place, asked if any, and what number, had been arrested with respect to the late riots. Ihey were informed that three were arrested ; tiley then stated that they were requested to demand their release. Both Ceptain Zouch and Mr. Griffin firmly yet cooly declined to release the prisoners, informing the deputation at the same time that the law must take its course-that the parties arrested would be brought befoie the court on Monday morn- . ing, and.would then be dealt with on the evidence produced against tltem. With this reply, the dele- gates went moodily back, but before Captain Zouch could get back, a volley was fired from the mob, at the Camp. Mr. Griffin then went forward and read the Biot Act. which was treated with derisive laughter by the mob, who still approached the camp, with cries of “Koli up,” .’ Release the prisoners.” Every endeavour waa made and caution given that could be calculated to induce them to desist.
Orders were at last given to fire, and then one volley was fired over their heads. ‘This did not appear to intimidate them, and at last the mounted troopers were ordered to the front. They had scarcely drawn up when a volley was fired, and two of the troopers’ horses fell.
Tho excitement here became intense: and the troopers were ordered to charge,- but not to fire. Shots were fired in continual suocessiou at them, but in the coolest way they obeyed the orders they had received. The mob now closed in and approached the camp, evidently with the intention of rushing it. ‘Ihey were agaiu cautioned, but heedless of this they crideavoured to make the rush.
Orders were given to the foot police to fire, and two volleys were.pourcd in steadily to lhe advancing masses, shivering the head of the attack, and causing it to fall back in disorder upon those behind. At this moment, the mounted men who had been posted at the rear of the’camp weie ordered to take advantage of this confusion,”and make a final chaige ; and no sooner was the’ order iehued than the cavalry were amongst the disorganised mass, galloping thiough and through’it,«“sabreing on M sides, and driving the now helpless, but Still vin- dictive, crowd back across the creek. Citptuin Zouch’i, account of the conflict, as for- warded by telegram to the Government, / is ‘ as follows : lhe mob came on the camp at a quarter to eight last night, after ‘ sending in tour. dele- gates to speak to Commissioner ; demanded the íelease of the prisoners, and gradually moved foiwaid, evidently intending to rush the place.
A division of patrol under Mr. M’Lerie waa ordered to clear the ground, and was immediately tired upon by the rioters. The patrol charged well, night though it was, and drove numbers over the banks of the creek. The foot patrol firing into the mob, but it was not till three charges had been delivered, and the firing at intervals continued for more than two hours, before the rioters withdrew. Every man did his duty as well as men could do it. Three men of the patrol wire .wounded-two gunshot wounds in one arm and one contused ; one horse which chopped was recovered w ith ‘ four balls in him, and two horses missing wounded. Of the rioters, we know ot one killed and several wounded. As soon as I can ascertain losses, 1 will inform j ou. The darkness prevented our making any prisoners.
After this defeat, the mob sullenly withdrew, with a threat, however, of returning on the following day, bett« armed and better prepared for their work. On ‘ the follow ing morning, Monday, the three men who had been arrested, and for whose release so much blood had been shed, were brought up, examined, and committed for trial, but were subsequently admitted to bail. Of the course that Mr. Zouch afterwards found it necessary to pursue, he thus speaks, in a later telegram to the Government : The Camp was attacked for the purpose of rescuing three prisoners for Chinese riots. We fought them for two hours and more.
Attack commenced at a quarter to eight o’clock, and by ten o’clock we dtove them off, killing and wounding many. Three, we know, are dead, and we have heard of numbers wounded. My report will explain all. Seven special constables came to the camp-two only armed. There was no response to the call made to the respect- able part of the community. Position, I found, un- tenable, against the numbers that were prepared to revenge the defeat of Sunday night. _ Some three thousand, better prepared and organised, were to attack, and had sworn to destroy the whole of us. I have brought away the whole force, wounded included.
When the police authorities determined upon evacuating their position, our Special Correspondent, whose life had been threatened by the ringleaders in the riot, on account of the too truthful way in which he had dealt with their proceedings, left .Lambing | Flat, and fell back upon Yass, and thus we are with- out positive information in regard to the subsequent proceedings of the rioters, or to the number of killed and wounded in the repulse of Sunday night ; ‘but this gentleman telegrams from Yass to say that three men killed on that night were buried on Tuesday, lGth,’ and .that at the funeral of one of them, forty men bandaged for wounds were present, and that rt was currently reportedthat over a hundred had been more or less wounded. . I
Immediately on the receipt of this intelligence by the Government the Commander of the Forces was communicated with, “ and orders were at once given to forward on to ? Burrangong, detachments of the 12th Regiment, of the Artillery, of mounted and foot police, and of blue jackets from IL M. S. Fawn (whose services were offered oy Captain Kater), the various detachments amounting to 225 mell, which, with the police of the district will give a total effective forcé of ‘280 men. Arrangements were made with the mail contractors to carry up to Goulburn in twenty-four hours fifty men per diem for such period as the Government may require.
At Goulburn, the inhabitants have nobly come for- ward, and placed every means of conveyance in their posssession, with horses and all requisites at the disposal of the Government for the conveyance of troops and police, anti no time will consequently be lost in fotwarding them on from Goulburn to Lambing Flat,
On Wednesday, a first detachment of infantry, aitillçry, and police left Sydney by rail, and was foi- _ lowed on the -following day by seventy-five blue jackets under Captain Kater. In the meantime, the Burrangong Gold Fields remain indisputably in the hands of the rioters. All those who have prop erty to lose are leaving them as fast as they possibly can ;. the managers of the branches of the three banks established there having come into rass on Wednesday,; 17th, for security, bringing with them 4500 ounces of gold.’ No attack had been made upon the stores,- .though they had all been searched for arms and ammunition.
Nothing else had been taken, an the leaders who-now promi- nently direct every movement declare that they will not allow robbery. Business of every kind ia sus- pended on the ground, and there appears to be a’ general impression that the notera hate determined upon holding out to the last.
With order re-established on the field, the public attention then shifted to State Parliament in Sydney.
The logic here was that their presence had driven a peaceful mining community to acts of insurrection. The demand for strong action on “the Chinese Question” was unrelenting.
Significantly this coincided with a newly composed state upper house – the Legislative Council – whose new array of members took up their duties in September. It was the previous Council that had vetoed Government legislation to effectively stop Chinese immigration via an entry tax in accordance with the Victorian model.
Hence it was time to revisit that legislation and game, set and match for racial prejudice. It was also goodbye to those moderate voices who argued for the rightful place of the Chinese to contribute to colonial society.
The last major arrival of Chinese took place in March 1862. Over the next ten years their numbers in the colony halved from their peak in 1861 of 14,000 to 7,000 by 1871.
26th November 1861
The new Chinese Immigration Act was assented to on 22 November 1861.
26th November 1861
An Áct to regulate and restrict the Immigration of Chinese. ,
[Assented to 22nd November, 1861.]
WHEREAS it ie expedient to regulate and restrict the Immigration of Chinese into this Colony. Be it therefore enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New ¡South Wales in Parliament assembled and by the authority ot the same as follows : ,
Interpretation. ]. For the purposes of this Act the following words in inverted commas shall unless the context other- wise indicate bear the meanings set against them respectively- .
“Chinese”-Any male native of China or its dependencies or of any Island in the Chinese Seas not bom of British parents or any male person bom of Chinese parents.
“.Vessel “-Any ship or other sea-going VCBSCI ‘ of Whatsoever kind or description.
“ Master “-The person for the time being in , actual command of any such vessel. ?4 on arrival to givo list of Chinese aboard. . , i.
The master of every vessel having passengers on hoard shall immediately onhis arrival ¡nany Port of the .Colony deliver to the Collector or other Chief Officer of Customs a liet of such passengers and shall therein distinctly specify which ii any of them are Chinese And for any default herein such master shall be liable’, to a penalty not exceeding two hundred pounds.
Number of Chincpc i-hips la.iy tarry. PciMlty. ;
3. If any vessel shall arrive in any port in New ¡ South Wales having on board a greater number of. Chinese passengers than in the proportion of one to. «very ten tons of the tonnage of such vessel according to the registry theicof it British and if not then. according to the measurement fixed by the Merchant Shipping Act of 1854 the owner charterer or master of such vessel shall be liable on conviction to a penalty > not exceeding ten pounds for each Chinese passenger ‘so carried in excess. X10 tobepaid for each Chini>e aii-iving by vci-el. Penalty. Vessel forfeited.
4. Before any ol such Chinese shall be permitted to . land and before making any entry the master shall pay.’to such Collector or other proper officer ten -pounds for every such Chinese and no entry shall be deemed, to have been legally made or to have any legal effect until such payment Bhall have been made
And if any master shall neglect to pay any such sum or sholl land or permit to land any Chinese at any place ia the Colony before such sum shall have been paid for or by him with tho intent in any of the above cases of evading the payment thereof such master shall he liable for every such offence to a penalty not exceeding twenty pounds for each Chinese so landed «r permitted to land in addition to the amount of such sum
And in every such case in addition to any such penalty the vessel shall be forfeited and may be seized -condemned and disposed of in like manner as shipB forfeited for a breach of any law relating to the Cus- toms oí this Colony. ‘ ‘ like com for Chinese arriving othoiwise. o.
Every Chinese arriving in the Colony after the passing of this Act otherwise than by any vessel shall pay or have paid for him to some officer whom the Ooveraor with the advice of the Executive Council may appoint at any places on or near the borders of the colony or otherwise conveniently situate for that purpose a like sum of ten pounds. ?
Ctrtifieates of turn paul to be given to Chínete and to be evidence.
C. The Cellcctor or other officer as aforesaid receiv- ing suchsum from or for any Chinese shall without de- mand forthwith supply himwith a certificate in writing under his hand of the payment of such sum such certi- ficate to be in a form to be settled by the regulations hereinafter mentioned And Buch certificate whenso- ever and wheresoever produced by such Chinese shall be conclusive evidence «n behalf of himself and of any other person who may have paid such sum for him that such sum has been duly paid. Pajuienta aforesaid to be paid into Contohdated Fond.
7. All sums as aforesaid so paid by or on behalf of any Chinese shall be paid over to the Colonial Trea- surer and be by him carried to the Consolidated Re- venue Fund of the Colony. Certificate of exemption fiom payment.
S. All Chinese within the Colony of New South Wales shall on or before the twenty-eighth day of Pebiuary one thousand eight hundred and sixty-two apply to the nearest Clerk of Petty Sessions or Gold Commissioner fox a-Certificate and sttcn Clerk of-Petty j Sessions .or Gold Commissioner shall deliver to any | Chinese so applying a parchment certificate which shall bear on the face of it the name of the Chinaman applying and the signature of the Clerk of Petty Sessions or Gold Commissioner granting such certi- ficate and all other matters which the Government may deem necessary and the holder of such certificate shall be exempted from payments under this Act. Chinese not to be naturalized.
9. The certificate mentioned in the sixth section of the Act of Council eleventh Victoria number thirty- nine shall not hereafter be issued or granted to any Chinese. – – Tensity on not paying or having,had paid fee for entrance to the Colony.
10. If any Chinese shall enter or attempt to enter the Colony without paying or having paid tor him the sum of ten pounds aforesaid he shall besides such sum be liable to a penalty not exceeding ten pounds and may be apprehended and taken before any Justice of the Peace most conveniently situated for “the purpose .who may take sufficient bail lor his appearance at the next Court of Petty Sessions or remand him to such Court as to such Justice shall seem fit uniese and until such Chinese shall produce a certificate of payment as aforesaid. Governor may remit penalties, Se.
11. It shall be lawful for the Governor -with the advice aforesaid to remit the whole or any part oí any penalty or sum of whatever description “due or pav ubJe or any forfeiture under this Act. Justice» may fix time to pay penalties.
12. ‘Upon the conviction ol any Chinese under this Act whereby he may be awarded to pay a sum of money it ahall be lawful for the Justice if he shall see fit to order that such sumfor any part thereof shall be payable at some future day not being longer than two months from the date of such order provided security by way of recognisance to Her Majesty to the satis- faction of such Justice be given for the payment of the amount mentioned in and at the time fixed by any euch order. Penalties recovered in a enmmaiy manner.
13. All penalties and sums payable under this Aot may be recovered in a summary manner before any ‘two _ Justices of the Peace And at the hearing such Justices may decide upon their own view and judg- ment -whether any person charged before them is a Chinese -within the meaning of this Act. Short Title and commencement. U. This Act shall be styled and may be cited as the “ Chinese Immigrants Regulation and Restriction Act of 1861” and shall commence and come into «Deration on and from the twentv-eighth day of 1-ebruary one thousand eight hundred and eixty-two.
The aftermath
Basically it was a case that if no one else wanted it – then Chinese could work it.
This in itself was not devoid of opportunity for those who remained to work the fields rather than either depart for new diggings elsewhere around the world or indeed head home to China.
Even so called worked out portions of the fields, were often still very rich in gold for those with the skill in separating it out from the mass of earth that surrounded it.
This largely spelled the end of hostilities for most of the diggings – except for Lambing Flat / Burrangong. Passions here ran very deep and issues continuing to simmer for at least the next five years without however revisiting violent conflicts.