Kerr was in a like plight, but a great deal more helplessly. If he escaped as to character with the many who knew him, yet of necessity he lost his good post. He was succeeded by Mr. Fitzgibbon, who, more fitly, I doubt not, than Kerr, has held this important office ever since, a period of no less than thirty-two years. This serious loss of means and position completed a breakdown that had probably begun before, so that Kerr was no longer able for first-class work. We may envy this opportunity to his old opponent, O'Shanassy, who, in power at the time, generously found him a small appointment—a station upon one of the railways—which gave him, at least, a comfortable, and, in a social way, by no means ungenial home for the short remainder of his life.
It was mainly at my good friend Kerr's urgent instance that I entered public life, which was in 1850, for the representation of Melbourne at Sydney. Doubtless he had his own aims quite as much as my interests in view, as he wanted the supposed good card, a Melbourne merchant, Scotch and Presbyterian like himself into the bargain, to play against the anti-Orange and Irish-cum-O'Shanassy party. I fear that his expected henchman was too cosmopolitan at times. But Kerr rendered me a more direct service at the subsequent election for Melbourne in Victoria's first Parliament, by bringing me in at the head of the poll, which happened in this way:—At the first count the poll stood thus: O'Shanassy, Westgarth, Johnston, Nicholson, the latter being out, much to his own and his friends' astonishment, as there were only three seats. Kerr, who was resolved O'Shanassy should not be declared first if he could help it, called for a scrutiny prior to declaration. He had knowledge of a goodly scale of false voting on the Irish side, where, in fact, there was a legion of busy Kerrs to my one, many of them having voted double, or, as with Sheridan's proposed yearly Parliaments, "oftener if need be." One had voted nine times in succession at different polling places. I fear Kerr was wrong, and that scrutiny should have been applied for after declaration. But Kerr was the most dogged of mortals when he had a mind and an object, was then in the zenith of his influence, and, best of all for his side, he was king of the position as town clerk. So he secured his purpose, and O'Shanassy and I changed positions.
I have a better service than this, and of much more general interest, with which to conclude my present sketch. A year later, the second year of the gold, during which it was estimated that fifteen millions of gold had been washed out of the drifts, chiefly of Ballarat and Bendigo, the colony was already flooded, and no wonder, by the convict element from Tasmania. To intensify this evil beyond all bearing, that colony's Government, in view of relief from accumulating prisoners, had lately enacted a "conditional pardon" system, the condition being that the criminal was at liberty for all the world except to return Home, and forthwith, Her Majesty's pass in hand, he crossed to golden Victoria. A cry of despair arose there, for almost immediately the towns, goldfields, highways, and everywhere else where havoc was to be made, were the almost daily scenes of the most atrocious outrage. One forenoon word reached town that five ruffians, taking position on the St. Kilda-road, had stuck up and robbed some twenty of the merchants and traders on their way to Melbourne, including my friend John G. Foxton. The Anti-Transportation League, then some years in existence, held a great meeting, at which a large committee was appointed, and was enjoined to find an effective mode of dealing with this novel form of evil. I think that it was at my suggestion that each of the committee was to write out his thoughts and bring the paper with him, so as to have a basis for arriving at a prompt conclusion. Kerr was made convener, and he was not long in convening us.
Only Kerr and myself responded! We may take a mitigated view of the others, for everyone was busy over something in those days, many embarrassingly so for want of servants, who had "bolted" to the diggings, while most of the committee had had legislation and incessant deputations and public meetings to look after besides. As to myself, I had vainly tried to find fifteen consecutive minutes for the subject. When Mr. Kerr asked me for my paper, I excused myself by pleading that it was so meagre that I would rather first hear his. Thereupon, in his deliberate way, he drew forth a sheet of foolscap, and read to me "The Convicts Prevention Act." Such it was, for, with a few comparatively unimportant mitigations, secured by the ability and influence of Attorney-General Stawell, the impatient Assembly, highly appreciating and determined to have the measure, promptly passed it by a large majority. This was Kerr's culminating public service, and I am the more pleased to have this opportunity to say so, as my name was rather unduly attached to the bill, from its having been committed to my charge. His prompt remedy, I doubt not, saved many a colonist, not only as to life, limb, and property, but from outrage in some cases worse than death. His scathing measure introduced, indeed, a new principle, for we unceremoniously clapped people into prison who held up to our courts the Queen's pardon. Her Majesty's representatives at Home did not at all like it. The Home Government, indeed, refused to confirm the temporarily enacted measure; but by that happy safety-valve understanding, which has perhaps saved some explosions, it was renewed and re-renewed as long as required. The letter of imperial law was doubtless violated; but Her Majesty's Government first violated the spirit, by authorizing men unfit for England to go to Victoria.
WILLIAM NICHOLSON, MAYOR OF MELBOURNE, AND PREMIER OF THE COLONY.
"An honest man, sir, is able to speak for himself, when a knave is not."
—As You Like It.
In one of our colonial municipalities, which of them I have forgotten, as I heard my story so long ago, a working furniture-maker, who had secured an order from the Mayor for his official chair, was observed to be at particular pains over its construction, and, on being asked the reason, replied that he intended some day to occupy it himself. If the subject of this sketch had been of that particular trade, this would have been a very likely story to fix upon him. Not that he was of inordinate ambition; for, on the contrary, he looked quiet and contented beyond most around him. But he was always ready and willing to respond to the many opportunities of a new colony, and from his great natural gifts usually able to do them justice. Nature had given him all she could to make him a good and useful colonist; but there was one thing he had not had from her, because not within her power, and that was the school. He was probably not altogether uneducated; but he could not have had many chances in that direction, otherwise the facility with which he educated himself in life's practical work after he had reached manhood would have told for him as a schoolboy as well. In business, in public speaking and debating, and in public life in general, he took successfully a first part; but when he had to condescend to such schooling products as writing and spelling, he made confessedly only a bad second. But, again, a defect of this kind is much less of an obstacle in new colonies than in old societies, because for generations in the former the hand is relatively more important to progress than the head, and the man of work than the man of thought. In colonies men of great natural parts, if ambitious, can usually take good positions even if but little educated. At Home this is hardly possible, and the consequent social distemper is there a danger to the State—a danger, however, which our Education Acts since 1870 must be steadily removing.
I happened, on one occasion, to meet Nicholson's home employer in Liverpool. He had been foreman, if indeed so high as that, in a warehouse. When he told his employer that he had made up his mind to go to Port Phillip with his family, there was regret to part with so quiet and trustworthy a servant, but, as he said to me, not the least idea that the unpretending individual before him would, within a few years, take a position considerably in advance of his own.
He set up a grocery shop in Melbourne, and was soon on the road to success. Then he stood for the municipality, which was hardly yet out of infancy, was duly elected councillor, and in a very few years became Mayor of Melbourne. Then, gliding easily onwards and upwards, he entered the young colonial Legislature of 1851, as member for the Metropolitan County, North Bourke. He had previously, as I have told, tried unsuccessfully for the capital itself, getting some compensation, however, in the "next first." But with all this rising importance he was ever the plain, unassuming William Nicholson, and when Mayor or M.L.C. both he and his wife would be found in their shop as usual—so far, at least, as the other crowding duties would permit.
When he formed his first and very brief Ministry, under Constitutional Government, prior to my definitely leaving the colony in 1857, he did me the honour to invite me to a place in his "Cabinet," if our young colonies may use that grand Imperial term, as his Commissioner of Customs. With regret I was compelled to decline; for, from experience a few years before, I had found that if a man has business of his own which he must attend to he cannot possibly at the same time attend to that of everybody else.