It is true that at first the revenue rose substantially. Comparing the income for the quarters ending December 31, 1850, and December 31, 1851, respectively, we find, on general account, an increase of eleven thousand pounds, or about 30 per cent., and, on the Territorial account, or Land Fund, an increase of seventy-three thousand pounds, about 100 per cent. Three months later the increase was about 200 per cent. on the general revenue, while the Territorial revenue was about the same. But the latter fact may be accounted for by the transferrence of the fees for gold licenses to the general revenue. It is more important, however, to notice that, though the revenue was rising, expenses were increasing still faster. Not only had the staff to be doubled, or trebled, at a very large increase of pay, but government contracts for public buildings, printing, stores, fittings, and other necessaries could be placed, if at all, only at extravagantly high prices. "No tenders can be obtained for supplies of boots and shoes; orders have been sent to neighboring colonies for them. Old furniture sells at about 75 per cent. advance on the former prices of new; scarcely any mechanics will work." Latrobe estimated the deficit in the revenue of the year 1853 as nearly four hundred thousand pounds, notwithstanding that he reckoned the whole gold revenue of six hundred thousand pounds as available for general expenses.
In his anxiety the Lieutenant-Governor had at first (December, 1851) proposed to double the license fee of thirty shillings a month; but the proposal had provoked such a storm of opposition that he withdrew it. The revenue from licenses was the source of much contention. The Government alleged that it was not taxation, but rent, of Crown lands, and at first devoted it exclusively to the service of the gold-fields. The diggers denounced it as taxation without representation; and the Legislative Council, almost necessarily in opposition to the Government while the latter was administered by nominees of the Colonial Office, refused to make up deficiencies out of the general revenue. Thus the Lieutenant-Governor was placed between two fires. If he enforced the license fees he angered what was rapidly becoming the largest part of the population; if he relinquished them, he left himself without means to carry on the government of the gold-fields.
From this dilemma he was saved by the receipt of a general permission from the Colonial Office, toward the close of 1852, to deal with the gold revenue in the same manner as ordinary revenue. By placing this fund at the disposal of the Colonial Legislature, the Home Government not only removed a great grievance and relieved the hands of the Lieutenant-Governor from the shackles previously laid upon them by the Colonial Office, but it took a substantial step toward the end that was now acknowledged on all sides to be the ultimate outcome of the new discoveries; viz., the introduction of responsible government. The same despatch contained a still more important concession, authorizing the Lieutenant-Governor to devote the remaining part of the land revenue—viz., that arising from sales and pastoral licenses—"to the purposes rendered urgent by the present crisis." As this fund was jealously reserved by the existing constitutions of the Australian colonies, and devoted, under the provisions of the Crown Land Sales Act, exclusively to the purposes of emigration and public works, it will be seen that the Colonial Office took a strong step in sanctioning its diversion. But it must be observed that the expenditure of this additional fund was placed exclusively in the hands of the Lieutenant-Governor and his Executive Council, acting independently of the Colonial Legislature.
With this assistance, the Lieutenant-Governor struggled on amid increasing difficulties till the spring of the year 1853. By this time the agitation against the license fee had reached an alarming height, for the first successes of the new discoveries had passed away, and, although the export of gold continued to increase, it was by no means at its former rate nor in proportion to the increase of population. At the beginning of September, 1853, there were said to be nearly seventy thousand persons living at the Victorian gold-fields, and many of these, in all probability, earned very little more than mechanics employed in settled work. Hence there was a fair ground for an orderly agitation against the amount of the fee; but, unfortunately, the diggers preferred violent measures. There was some excuse for them. They were not represented in the Legislative Council, for they had sprung into existence as a body since the passing of the Act of 1850, and, though a measure had been introduced with a view to giving them the franchise, it had not yet received the assent of the Home Government. In the mean time, therefore, they could not, through their representatives in the Council, effectively criticise either the existing law or its administration. With regard to the latter, there was obviously room for complaint, for the immense increase of business had compelled the Government to appoint an inferior class of officials, and some of these, at least, succumbed to the strong temptations of their positions.
At the beginning of August, 1853, a petition had been presented by the Bendigo diggers, in which they urged the reduction of the license fee and the grant of representation to the diggers. The Lieutenant-Governor returned a pacific reply, but the delegates in charge of the petition were evidently bent on arousing strong feelings, and they held meetings in Melbourne which went the extreme length permissible to loyal subjects. Still, the Lieutenant-Governor shrank from strong measures, and endeavored to remove one ground of complaint by appointing, as a nominee member of the Legislative Council, a gentleman who was believed to possess the confidence of the diggers. The nomination was at once repudiated by the delegates of the latter, and at the end of August an organized attempt was made to resist the renewal of licenses on the old terms. Hundreds of diggers pledged themselves to pay no more than a third of the sum previously demanded, and those who were inclined to yield to the Government's demands were warned that the agitators would not "be responsible for their safety" if they remained at the diggings. The license system had by this time extended, beyond the diggers, to the storekeepers and other tradesmen at the gold-fields, who were making enormous profits out of the diggers, and these, for the most part, unhesitatingly complied with the demands of the agitators, willing rather to pay the fines for breach of the government regulations than to offend their customers. A daring attack on a private escort of gold near Bendigo, which occurred about this time, showed that the colony was on the verge of civil war.
Just at this moment an event occurred which rendered it impossible for the Government to maintain its position unimpaired with the scanty forces at its disposal. In the middle of September, 1853, the total abolition of the license fee was seriously proposed in the Legislative Council of New South Wales. The news flew like wildfire to Victoria, where the diggers had hitherto looked upon the colonial legislatures—in which, it will be remembered, they were not yet represented—as their natural enemies. It seemed to them now that they had everything in their own hands, and it became clearly impossible for the Government, in the existing temper of the diggers, to exact the full amount of the license fee. A proclamation, hastily published with a view to allay excitement, by an unfortunate omission in the printed copies led the public to believe that the total abolition of the license system was contemplated by the Victorian Government. A select committee of the Legislative Council reported unfavorably upon the system. The Government made the best of a bad bargain, and accepted a fee of forty shillings for the three months ending November 30, 1853; and, on the following day, the Legislative Council passed a new Gold-fields Act, which greatly reduced the fees for diggers' licenses, while it substantially increased those demanded for permission to open stores at the gold-fields. It also provided for the grant of leases of auriferous lands, at a royalty of not less than 5 per cent., and gave legal sanction to the customs regarding the "claims" of diggers, which had gradually grown up to regulate the rival interests of neighboring miners. Offences against the act were to be decided upon by the magistrates; but the accused might demand a court of at least two members, and there was to be an appeal to General Sessions.
These measures were partly successful in restoring order, but it was obvious that the gold-fields contained men who were averse to a peaceable settlement. Notwithstanding that the number of the elective members of the Legislative Council was more than once increased; that, with the full consent of the Home Government, a bill was being prepared for the introduction of responsible government; and that the material condition of the diggers was being rapidly improved, the Lieutenant-Governor had, in January, 1854, to report the formation of a "diggers' congress," which obviously had for its object the supersession of the ordinary government.
Latrobe retired from office in May of the same year, and one of the first points noticed by his successor, Sir Charles Hotham, was the existence of an agitation against the Chinese at the Bendigo diggings. Notwithstanding the enthusiastic character of his reception in his progress through the gold-fields in September, the new Governor soon had to face serious disturbances.
The events of the next few months formed a crisis in the history, not only of Victoria, but of Australia. Naturally there is much dispute concerning them, and, as the following account is taken chiefly from Sir Charles Hotham's reports, it is possible that the acts of his opponents may not obtain strict justice. But it is admitted on all sides that Sir Charles acted with the most perfect good faith; and the accounts given by the insurgents are far too contradictory and prejudiced to receive much credit.
On the night of October 16, 1854, a miner named Scobie was murdered, or at least killed, at the Eureka Hotel, near Ballarat. The Eureka Hotel was a place of no good repute, kept by a man named Bentley, who, as well as his wife, was (it is said) an ex-convict from Tasmania. Suspicion fell upon the couple, and they, with a second man (named Farrell), were arrested by the magistrates, but almost immediately released for alleged default of evidence. The dismissal of the charge excited a storm of indignation in the camp, and a body of diggers at once proceeded to wreck the hotel and lynch the accused. In the latter object they, fortunately, did not succeed, and so rendered themselves liable only to charges of riot and arson, instead of the more serious charge of murder. Four of the ringleaders were, through the prompt measures of Sir Charles Hotham, shortly afterward arrested, and committed for trial. But the accusations of partiality against the officials were too strong to be resisted, and a board of inquiry hastily instituted by the Governor disclosed the ugly facts that Dewes, the magistrate who presided at the hearing of the charge against the Bentleys, had been in the habit of borrowing money from residents, and that Sergeant-Major Milne, of the police force, had been guilty of receiving bribes. The officials implicated were at once dismissed, and the Bentleys and Farrell rearrested and convicted. But the Governor very properly declined to release the arrested rioters, who, shortly before Christmas, 1854, were convicted and sentenced to short terms of imprisonment.