Volume Three—Chapter Nine.
A Lark with the “Licence-Hunters.”
After we had completed the working of our claim in the Avoca lead, my partner—who had told me that his name was Brown—signified his intention of returning home to England.
“I have saved between three and four hundred pounds,” said he, “and shouldn’t know what to do with it here. I’ve been thinking of going home for several years past; and now’s the time to do it.”
Instead of attempting to dissuade him, I rather encouraged him in his design, telling him that, if dissatisfied with his visit to his native country, he could return to the diggings—before they should get worked-out—and try his fortune once more.
He had heard me speak of going myself back to England some time or other; and he urged me to make the voyage along with him.
I should probably have acceded to his request,—had he not pressed me so strongly; but I have a great aversion to doing anything, that I am vehemently solicited to do.
If there is anything which will make me do the very thing I know to be wrong, it is when some one counsels me too pressingly against doing it. I have a great penchant for being guided by my own judgment; and I believe that very little good is done by giving advice, to those who are old enough to think and act for themselves.
In answer to my partner’s request, I told him that I should probably return to England in about a year; but was not then ready to go.
Though a little disappointed at my not accompanying him, Brown and I parted on good terms. He left full directions with me for finding him in Birmingham—should I ever go to that city; and warmly urged upon me to call and see him. I gave him a promise to do so.
“I believe you are a respectable, right-thinking man,” said he, as we shook hands at parting; “you have treated me, as though I was the same; and that’s more than I have been accustomed to for the last score of years.”
On leaving me, Brown proceeded direct to Melbourne, where he took ship for England.
For two or three days after he had left me, I looked about the diggings—undecided what I should next do.
One afternoon, while sauntering at a little distance, from my tent, I saw some policemen, with a squad of mounted troopers, out on the patrol. A “licensing commissioner” at their head, proved that they were looking for “unlicenced” miners.
I never went abroad without a miner’s licence in my pocket; but I felt a strong dislike to showing it—solely on account of the manner, in which the demand to do so was usually made.
I shall have something to say about “licence-hunting” in another chapter—where the subject will be introduced, and more fully discussed. My present purpose is to relate a little adventure which occurred to me at Avoca—of which the licence-hunters were the heroes. It was this episode, that first awakened within my mind some thoughts about the infamous system of drawing a revenue, from the most honest and industrious portion of the population.
It is usual for diggers—who are not provided with a licence—on seeing the police out upon their scouting excursions, either to take to the bush, or hide themselves in the shaft, or tunnel, of some mining claim. This is done to avoid being searched; and, as a matter of course, carried before a magistrate, and fined five pounds for—trespassing on the Crown lands!
On the occasion in question, when I saw the licence-hunters out on their usual errand, it came into my head to have a little amusement with them. I had been going idle for two or three days, and wanted something to amuse me—as well as give exercise to my limbs.
When the policemen had got within about a hundred yards of where I was standing, I pretended to see them for the first time; and started off at a run. They saw me, as I intended they should; and two or three of them gave chase—under the full belief that I was an unlicenced digger. They that first followed me were afoot; and they soon learnt that the farther they pursued, the greater became the distance between them and me. Two of the mounted troopers now left the side of the Commissioner; and joined in the chase—spurring their horses into a gallop.
I was running in the direction of my own tent; and contrived to reach it, before the troopers overtook me.
By the time they had got up to the tent, I was standing in the opening of the canvass; and received them by demanding their business.
“We wish to see your licence,” said one.
I took from my pocket the piece of paper, legally authorising me to “search for, dig, and remove gold from the crown lands of the colony.” I handed it to the trooper.
He appeared much disappointed, at finding it was “all right.”
“What made you run away from us?” he demanded angrily.
“What made you think I was running away from you?” I inquired in turn.
“What made you run at all?” put in the second trooper.
“Because I was in haste to reach home,” I answered.
The two then talked together in a low voice, after which one of them told me that I must go along with them.
“For what reason?” I asked; but received no answer. They were either unwilling, or unable, to give me a reason.
The two policemen, who had pursued me on foot, now came up; and all four insisted on my being taken along with them, a prisoner, to the police camp!
I refused to come out of the tent; and cautioned them not to enter it—without showing me their warrant, or some authority for the intrusion.
They paid no attention to what I said; but stepping inside the tent, rudely conducted me out of it.
I accompanied them without making resistance—thinking that when brought before a magistrate, I should get them reprimanded for what they had done.
In the afternoon, I was arraigned before, the “bench,” and charged with molesting and interfering with the police in the execution of their duty! My accusers told their story; and I was called upon for my defence.
I informed the magistrate, that I had never been an unlicenced miner for a single day, since I had been on the diggings; and I entered upon a long speech—to prove, that in moving about the gold-fields, I had the right to travel at any rate of speed I might choose; and that I had unlawfully been dragged out of my tent—which being my “castle,” should not have been invaded in the manner it had been.
This was what I intended to have said; but I did not get the opportunity of making my forensic display: for the magistrate cut me short, by stating, that I had been playing what the diggers call a “lark,” and by doing so, had drawn the police from their duty. They had been seeking for those who really had not licences; and who, through my misbehaviour, might have been able to make their escape!
In conclusion, this sapient justice fined me forty shillings!
There was an injustice about this decision—as well as the manner in which I had been treated—that aroused my indignation. I had broken no law, I had done nothing but what any free subject had a right to do, yet I had been treated as a criminal, and mulcted of my money—in fact, robbed of two pounds sterling!
After this affair, I was disgusted with Avoca; and, in less than an hour after, I rolled up my blankets, and took the road for Ballarat—this being the place to which I always turned, when not knowing where else to go.
Everyone must have some place that they look upon as a home—a point from which to start or take departure. Mine was Ballarat: for the reason that I liked that place better than any other in the colony.
I had made more money on the Ballarat diggings than elsewhere in Australia; and I had never left the place to go to any other, without having cause to regret the change. This time, I determined, on my return to Ballarat, to stay there—until I should be ready to bid a final adieu to Australia.