My Books and other publications

Those publications with an asterisk (*) were co-written with C.W. Daniels. This list does not include editorials for Teaching History, book reviews or unpublished papers. Neither does it include the two series of books for which I have been joint-editor: Cambridge Topics in History and Cambridge Perspectives in History. Including these books would increase the length of this appendix by 52 books.

1974-1979

Computer-based data and social and economic history (for the Local History Classroom Project), (1974).

Social and Economic History and the Computer (for LHCP), (1975).

‘Local and National History -- an interrelated response’, in Suffolk History Forum, 1977.

‘Our Future Local Historians’, in The Local Historian, Vol. 13, 1978. *

‘Sixth Form History’, in Teaching History, May 1976. *

‘Sixth Form History’, in The Times Educational Supplement, 3 June 1977. *

‘The new history -- an essential reappraisal’, in The Times Educational Supplement, 2 December 1977. *

‘Interrelated Issues’, in The Times Educational Supplement, 1 December 1978. *

‘The Myth Exposed’, in The Times Educational Supplement, 30 November 1979 * also reprinted in John Fines (ed.) see below.

1980-1984

Nineteenth Century Britain, (Macmillan), 1980. *

‘The Local History Classroom Project’, in Developments in History Teaching, (University of Exeter), 1980. *

‘A Chronic Hysteresis’, in The Times Educational Supplement, 5 December 1980. *

Twentieth Century Europe, (Macmillan), 1981. *

‘Is there still room for History in the secondary curriculum?’, in The Times Educational Supplement, 5 December 1981. *

‘Content considered’, in The Times Educational Supplement, 9 April 1982. *

Twentieth Century Britain, (Macmillan), 1982. *

‘A Level History’, in The Times Educational Supplement, 8 April 1983. *

‘History in danger revisited’, in The Times Educational Supplement,  9 December 1983. *

‘History and study skills’, in John Fines (ed.), Teaching History, (Holmes McDougall), 1983. 

‘History and study skills’, reprinted in School and College, Vol. 4, (4), 1983.

Four scripts for Sussex Tapes, 1983:

People, Land and Trade 1830-1914.

Pre-eminence and Competition 1830-1914.

The Social Impact of the Industrial Revolution.

Lloyd George to Beveridge 1906-1950.

Four computer programs for Sussex Tapes, 1984:

The Industrial Revolution.

Population, Medicine and Agriculture.

Transport: road, canal and railway.

Social Impact of Change.

‘It’s time History Teachers were offensive’, in The Times Educational Supplement, 28 November 1984. *

The Chartists, (Macmillan), 1984. *

1985-1989

‘Using documents with sixth formers’, in The Times Educational Supplement, 29 November 1985. *

Learning History: A Guide to Advanced Study, (Macmillan), 1986. *

GCSE History, (The Historical Association), 1986, revised edition, 1987, as editor and contributor.

‘Training or Survival?’ with M. Booth and G. Shawyer in The Times Educational Supplement, 10 April 1987.

Change and Continuity in British Society 1800-1850, (Cambridge Topics in History, Cambridge University Press), 1987.

‘There are always alternatives: Britain during the Depression’ for BBC Radio, 14 September 1987.

‘Cultural imperialism’, in The Times Educational Supplement, 4 December, 1987.

‘The Training of History Teachers Project’, in Teaching History, 50, January 1988.

‘History’ in Your Choice of A-Levels, (CRAC,) 1988.

‘The Development of Children’s Historical Thinking’ with G. Shawyer and M. Booth, Cambridge Journal of Education, Vol. 18, (2), 1988.

‘The New Demonology’, Teaching History, Vol. 53, October 1988.

The Future of the Past: History in the Curriculum 5-16: A Personal Overview, (The Historical Association), 1988.

‘History Study Skills: Working with Sources’, History Sixth, Vol. 3, October 1988. *

‘A Critique of GCSE History: the results of The Historical Association Survey’, Teaching History, Vol. 55, March 1989.

1990-1999

‘History Textbook Round-up’, Teachers’ Weekly, September 1990.

‘Partnership and the Training of Student History Teachers’, with M. Booth and G. Shawyer, in M. Booth, J. Furlong and M. Wilkin (eds.), Partnership in Initial Teacher Training, (Cassell), 1990.

Economy and Society in Modern Britain 1700-1850 (Routledge), 1991.

Church and State in Modern Britain 1700-1850 (Routledge), 1991.

‘History’ in Your Choice of A-Levels, (CRAC), 1991.

‘Lies, damn lies and statistics’, Teaching History, 63, April 1991.

‘BTEC and History’, in John Fines (ed.), History 16-19, (The Historical Association), 1991.

‘What about the author?’, Hindsight: GCSE Modern History Review, Vol. 2, (1), September 1991.

‘Appeasement: A matter of opinion?’, Hindsight: GCSE Modern History Review, Vol. 2, (2), January 1992.

Economic Revolutions 1750-1850 (Cambridge Topics in History, Cambridge University Press), 1992.

‘Suez: a question of causation’, Hindsight: GCSE Modern History Review, Vol. 4, (1), September 1993.

‘History’ in Your Choice of A-Levels, (CRAC,) 1993.

History and post-16 vocational courses’, in H. Bourdillon (ed.), Teaching History, (Routledge), 1993.

‘Learning effectively at Advanced Level’, pamphlet for PGCE ITT course, (Open University), 1994.

Preparing for Inspection, (The Historical Association), 1994.

Managing the Learning of History, (David Fulton), 1995.

Chartism: People, Events and Ideas (Perspectives in History, Cambridge University Press), 1998.

BBC History File: consultant on five Key Stage 3 programmes on Britain 1750-1900, 1999.

2000-2009

Revolution, Radicalism and Reform: England 1780-1846, (Perspectives in History, Cambridge University Press), 2001.

‘The state in the 1840s’, Modern History Review, September 2003.

‘Chartism and the state’, Modern History Review, November 2003.

‘Chadwick and Simon: the problem of public health reform’, Modern History Review, April 2005.

2010

Three Rebellions: Canada 1837-1838, South Wales 1839, Eureka 1854, (Clio Publishing), 2010.

2011

Three Rebellions: Canada 1837-1838, South Wales 1839, Eureka 1854, (Clio Publishing), 2011 Kindle edition.

Famine, Fenians and Freedom, 1840-1882, (Clio Publishing), 2011.

Economy, Population and Transport (Nineteenth Century British Society), 2011 Kindle edition.

Work, Health and Poverty, (Nineteenth Century British Society), 2011 Kindle edition.

Education, Crime and Leisure, (Nineteenth Century British Society), 2011 Kindle edition.

Class, (Nineteenth Century British Society), 2011 Kindle edition.

2012

Religion and Government, (Nineteenth Century British Society), 2012 Kindle edition.

Society under Pressure: Britain 1830-1914, (Nineteenth Century British Society), 2012 Kindle edition.

Sex, Work and Politics: Women in Britain, 1830-1918, (Authoring History), 2012.

Famine, Fenians and Freedom, 1840-1882, (Clio Publishing), 2012 Kindle edition.

Sex, Work and Politics: Women in Britain 1830-1918, 2012,  Kindle edition.

Rebellion in Canada, 1837-1885 Volume 1: Autocracy, Rebellion and Liberty, (Authoring History), 2012.

Rebellion in Canada, 1837-1885, Volume 2: The Irish, the Fenians and the Metis, (Authoring History), 2012.

2013

Resistance and Rebellion in the British Empire, 1600-1980, Clio Publishing, 2013.

Settler Australia, 1780-1880, Volume 1: Settlement, Protest and Control, (Authoring History), 2013.

Settler Australia, 1780-1880, Volume 2: Eureka and Democracy, (Authoring History), 2013.

Rebellion in Canada, 1837-1885, 2013, Kindle edition.

'A Peaceable Kingdom': Essays on Nineteenth Century Canada, (Authoring History), 2013.

Resistance and Rebellion in the British Empire, 1600-1980, 2013, Kindle edition.

Settler Australia, 1780-1880, 2013, Kindle Edition.

Coping with Change: British Society, 1780-1914, (Authoring History), 2013.

2014

Before Chartism: Exclusion and Resistance, (Authoring History), 2014.

Suger: The Life of Louis VI 'the Fat', (Authoring History), 2014, Kindle edition.

Chartism: Rise and Demise, (Authoring History), 2014.

Sex, Work and Politics: Women in Britain, 1780-1945, (Authoring History), 2014.

Before Chartism: Exclusion and Resistance, (Authoring History), 2014, Kindle edition.

2015

Chartism: Rise and Demise, (Authoring History), 2015, Kindle edition.

'Development of the Professions', in Ross, Alastair, Innovating Professional Services: Transforming Value and Efficiency, (Ashgate), 2015, pp. 271-274.

Chartism: Localities, Spaces and Places, The Midlands and the South, (Authoring History), 2015.

Chartism: Localities, Spaces and Places, The North, Scotland Wales and Ireland, (Authoring History), 2015.

2016

Chartism, Regions and Economies, (Authoring History), 2016.

Breaking the Habit: A Life of History, (Authoring History), 2016.

Chartism: Localities, Spaces and Places, The Midlands and the South, (Authoring History), 2016, Kindle edition.

Chartism: Localities, Spaces and Places, The North, Scotland Wales and Ireland, (Authoring History), 2015, Kindle edition.

Chartism, Regions and Economies, (Authoring History), 2016, Kindle edition.

Suger: The Life of Louis VI 'the Fat', revised edition, (Authoring History), 2016.

Robert Guiscard: Portrait of a Warlord, (Authoring History), 2016.

Chartism: A Global History and other essays, (Authoring History), 2016.

Chartism: A Global History and other essays, (Authoring History), 2016, Kindle edition.

Roger of Sicily: Portrait of a Ruler, (Authoring History), 2016.

Three Rebellions: Canada, South Wales and Australia, (Authoring History), 2016.

2017

Famine, Fenians and Freedom, 1830-1882, (Authoring History), 2017.

Disrupting the British World, 1600-1980, (Authoring History), 2017.

Britain 1780-1850: A Simple Guide, (Authoring History), 2017.

People and Places: Britain 1780-1950, (Authoring History), 2017.

2018

Britain 1780-1945: Society under Pressure, (Authoring History), 2018.

Britain 1780-1945: Reforming Society, (Authoring History), 2018.

Three Rebellions: Canada, South Wales and Australia, (Authoring History), 2018, Kindle edition.

Famine, Fenians and Freedom, 1830-1882, (Authoring History), 2018. Kindle edition.

Disrupting the British World, 1600-1980, (Authoring History), 2018, Kindle edition.

Britain 1780-1945: Society under Pressure, (Authoring History), 2018, Kindle edition.

Britain 1780-1945: Reforming Society, (Authoring History), 2018, Kindle edition.

Robert Guiscard: Portrait of a Warlord, (Authoring History), 2016, 2018, Kindle edition.

Roger of Sicily: Portrait of a Ruler, (Authoring History), 2016,  2018, Kindle edition.

People and Places: Britain 1780-1950, (Authoring History), 2017, 2018, Kindle edition.

Breaking the Habit: A Life of History, (Authoring History), 2016, 2018, Kindle edition.

2019

Radicalism and Chartism 1790-1860, Authoring History), 2019.

Radicalism and Chartism 1790-1860, Authoring History), 2019, Kindle edition.

2020

The Woman Question: Sex, Work and Politics 1780-1945, (Authoring History), 2020.

Canada's 'Wars of Religion', (Authoring History), 2020.

The Woman Question: Sex, Work and Politics 1780-1945, (Authoring History), 2020, Kindle edition.

2021

Canada's 'Wars of Religion', (Authoring History), 2021, Kindle edition.

The Woman Question: Sex, Work and Politics 1780-1945, (Authoring History), 2021, hardback.

Economy, Population and Transport 1780-1945, (Authoring History), 2021, paperback and hardback.

2022

Classes and Cultures 1780-1945, (Authoring History), 2022, Kindle, hardback and paperback.

Work, Health and Poverty 1780-1945, (Authoring History), 2022, Kindle, hardback and paperback.

Education and Crime 1780-1945, (Authoring History), 2022, Kindle, hardback and paperback.

Religion and Government 1780-1945, (Authoring History), 2022, Kindle, hardback and paperback.

Reform

On 27 March 1855, the Royal Commission released its report largely written by William Westgarth and John O’Shanassy. [1] In its three months of work, it had asked over 6,000 questions of elected representatives, diggers and camp officials. Though it had insisted on including events at Eureka in its brief, much to Hotham’s annoyance, its approach was discrete. It did not press Rede on his correspondence with Hotham, none of the Catholic priests were called and the contentious question of American involvement was largely ignored. It decided that the problems that caused the Eureka rebellion included a lack of political rights especially denying diggers the vote, their inability to buy land and the way the mining license was collected. Although the license was the trigger that led to the unrest, the Commission concluded that it was not the main cause.

 

The Commission recommended that the license be abolished and replaced with an export duty on gold of 2s 6p per ounce. [2] Bankers had assured Hotham in September 1854 that this would cause no major problems and he was prepared to agree to a low duty. The Melbourne Chamber of Commerce, though it disliked export duties in principle as taxes on exports, thought it expedient to accept it. [3] The next recommendation was the abolition of the Gold Commission and the appointment of wardens. With the abolition of the license, it suggested that two-thirds of the goldfield administration and half the police would not be needed. This reduction in the cost of managing the goldfields would lead to their net revenue being greater than before. It also recommended, largely at O’Shanassy’s insistence, that the diggers should pay an annual £1 miners’ right that would give them legal rights to their claims and entitle them, as annual leaseholders of Crown land, to the franchise. [4]

 

This charge would comprehend the registration of the miner, and the issue of a paper conveying his rights. The document may be taken out for the term of a year. The Commission agree in recommending a charge of £1. It is not intended that any active search be instituted by the authorities as to whether a miner has or has not taken out this qualification; but without it he has no right to the gold he may acquire, or to claims or digging ground he may take up and labor upon, and cannot be maintained in the possession of either. The Miner’s Right, as it is proposed to term this annual document, would be a means of distinguishing the well-disposed on the gold-fields…The miner’s right, as well as the licenses leviable on other classes of residents upon the gold-fields—a subject to be treated under its proper head—should qualify for the franchise. [5]

 

The report had considerable authority. Its members were sufficiently liberal to understand the diggers’ grievances and yet were closely associated with the government. This enabled its conclusions to be acceptable to both parties. Although he still believed that the gold license was right in principle, Hotham accepted the report and the government immediately introduced legislation in the Council. A Gold Export Bill was quickly passed not without opposition from squatters and radicals, who still maintained that diggers were too heavily taxed. [6] The Argus was highly critical of the legislation especially its right of search:

 

Before the new clauses were passed in the Customs Act on Thursday, the Gold Export Duty proposition was absurd, and now—it is monstrous as well. [7]

 

In practice, however, the new duty worked smoothly and simply and was helped by the rise in the price of gold. A second piece of legislation enlarged the Council by 12 members, 8 for the goldfields and 4 nominees, despite doubts whether the new members would take up their seats before the arrival of the new constitution. [8] A new Gold Fields Management Act was passed on 12 June 1855 legalising the miner’s right. [9] The Commission had recommended that diggers be selected to form Local Courts, but the government went further providing for a nominated chairman and elections every six months of members of a court by those with the miner’s right. The Local Courts were subject to the nominal supervision of the Council but in reality, were given complete control of the industry and regulated conditions on the goldfields.[10] ‘The nature of these courts was highly unusual and a remarkable democratic experiment’. [11]

 

The rapid legislative response pacified radical activity in the goldfields though suspicions of the government’s intentions remained until legislation was fully implemented. The Reform League remained active but a ‘national’ conference suggested in April 1855 appears not to have occurred. In Melbourne, the Age acted as a focus for political opposition to the government but no new party or organisation was formed. In the three months from April to June 1855, fewer than 1,000 diggers took out licenses but when the miner’s rights were issued from late June nearly 30,000 were issued by the end of July and over 50,000 by the end of the year.

 

The Local Courts were elected in July and at Bendigo, Denovan and Benson were among the leaders elected. [12] On the 14 July 1855, just eight months after the Eureka rebellion, 9 members of the mining community, including Raffaelo Carboni and H. R. Nichols, were elected unanimously at Bakery Hill to the Local Courts. The diggers’ control of the Local Courts was seen by the mining community as the ‘blood bought rights’ of the rebellion. The Legislative Council did not meet again until late in the year when 8 new mining members were elected. Peter Lalor and John Humffray were elected unopposed for Ballarat, Grant and Benson for Bendigo and in March 1856, the mining members were instrumental in obtaining compensation for those whose property was damaged or destroyed in Ballarat during the rebellion. The Commission of Enquiry also recommended that the squatters’ control of the land be broken and that diggers had the right to buy land. The resultant subdivision of land around mining sites led to the development of some of Victoria’s most important regional towns and cities. The ‘final curtain’ on the events of Eureka came on 31 December 1855, when Sir Charles Hotham, who had tendered his resignation in November, died of pneumonia, after catching a chill. [13] His successor, Sir Henry Barkly had the highest salary in the empire because the Colonial Office considered the post particularly difficult.[14]

---

[1] Anderson, Hugh, (ed.), Report from the Commission appointed to inquire into the Condition of the Goldfields, 1855, (Red Rooster Press), 1978. The Report was printed in Argus, 30 March 1855, pp. 4-5, 31 March 1855, p. 5, 2 April 1855, p. 6. 3 April 1855, p. 6. ‘The Gold-Fields Report’, Argus, 30 March 1855, p. 4, provides a critique of the document.

[2] ‘Council Paper: A Bill for Granting Duties of Customs upon Gold Exported from Victoria’, Argus, 5 April 1855, p. 6.

[3] ‘Chamber of Commerce’, Argus, 3 April 1855, p. 4.

[4] Connelly, C. N. ‘Miners’ Rights’, ibid, Curthoys, A., and Markus, A., (eds.), Who are Our Enemies? Racism and the Australian Working-class, pp. 35-47, and Fabey, Charles, Holst Heather, Martin, Sara, and Mayne, Alan, ‘A miner’s right: making homes and communities on the Victorian goldfields’, in ibid, Mayne, Alan, (ed.) Eureka: Reappraising an Australian Legend, pp. 201-219, especially pp. 200-207.

[5] Section 23 of the Report from the Commission appointed to inquire into the Condition of the Goldfields, printed Argus, 30 March, 1855, p. 6.

[6] ‘The Gold Export Duty Bill’, Argus, 5 April 1885, p. 4, pointed to complaints from Councillors of the haste displaying in jurying the second reading through the Legislative Council. The Bill received the Royal Assent on 20 April, ‘Legislative Council’, Argus, 21 April 1855, p. 4.

[7] ‘Gold Export Duty’, Argus, 21 April 1855, p. 4.

[8] ‘Enfranchisement of the Diggers’, Argus, 9 April 1855, p. 4,‘Legislative Council’, Argus, 12 April 1855, p. 5, 26 April 1855, p. 5, 1 May 1855, p. 4, 5 May 1855, p. 5, 9 May 1855, p. 4, 23 May 1855, p. 4. Royal Assent to the legislation was given on 22 May 1855. See also, ‘Nominee Representatives’, Argus, 9 May 1855, p. 4.

[9] ‘Legislative Council’, Argus, 13 June 1855, p. 4.

[10] Birrell, Ralph, ‘Eureka and the redefinition of company mining in Australia’, in ibid, Mayne, Alan, (ed.), Eureka: Reappraising an Australian Legend, pp. 184-188, considers the creation of the local courts and their subsequent development.

[11] Serle, p. 178.

[12] ‘Bendigo’, Argus, 13 June 1855, p. 6.

[13] ‘Death of His Excellency Sir Charles Hotham’, Argus, 1 January 1856, p. 4, details his illness and unexpected death. Although the Argus report suggests pneumonia, it had earlier reported on 26 December that he had ‘English cholera’.

[14] Knox, B. A., ‘Sir Henry Barkly, (1815-1898)’, ADB, Vol. 3, pp. 95-96.

New Review

Richard Brown, Famine, Fenians and Freedom, 1830-1882, Authoring History, second edition, 2017, £20.37, paperback, ISBN 978-1540352231; Richard Brown, Three Rebellions: Canada, South Wales and Australia, Authoring History, second edition, 2016, £19.72, paperback, ISBN 978-1539455707

 

The opportunity to revise and update the original texts as both these publications move into their second editions testifies to the success of previous print and electronic editions in helping to create markets for some of the less well trodden pathways of modern British and world history which have rarely featured so prominently in texts aimed at students in tertiary and higher education. In both instances the significance of the selected themes is succinctly explained in new prefaces. The new edition of Famine Fenians and Freedom, 1830-1882 takes its overall length from 582 to 602 pages and is now offered as the second volume of a quartet on resistance and rebellion in the British Empire. It examines the Irish dimension in Britain’s Empire through attempts especially by Young Ireland and the Fenians to achieve Irish independence through rebellion and by the populist and parliamentarian constitutionalist Repeal association and campaign for Home Rule to the achievement of devolved government. The book looks at the nature and impact of the Great Hunger in its global context in Britain, the United States, Canada and Australia and explains why, how and whither the Irish emigrated and how they settled into their new communities. The cover features Fenians at the Battle of Ridgeway in 1866, a victory, which the accompanying text argues ‘occurred too late to have any significant effect on the Confederation process’ though ‘it did play a major role in emotionally connecting the Canadian public to the idea of Canada’. However, the reader is warned in a cryptic caption that the book’s cover illustration amounts to a far from accurate depiction, though it might have helped some readers had this intriguing caption been elaborated and more of its provenance been revealed.

 

 

By contrast, the riveting cover illustration of the companion volume, focusing upon three rebellions in Canada, South Wales and Australia is extensively contextualised. Unusually, we discover, that it was painted by Katherine Jane Ellice, the daughter-in-law of the local seigneur, a prosperous fur trader, who was taken prisoner by the Patriotes at Beauharnois, near Montreal, in November 1838. Ellice described her captors as ‘the most Robespierre-looking ruffians, all armed with guns, long knives and pikes’. Their expressions and weapons are vividly captured in the watercolour. Moreover, Brown’s gripping account of the action and its significance is characteristically engaging and stimulating. He concludes that the rebellions in the Canadas, South Wales and Victoria were each a failure of popular constitutionalism to deliver political change and the unwillingness of the authorities to concede that change was necessary.

 

As the relationship of the United Kingdom with Europe and the wider world is re-defined post-Brexit, some of the global themes hitherto neglected but explored here with such insight, rigour and enthusiasm may perhaps again appeal to a widening readership.

John A. Hargreaves

Acquittal

On Tuesday 12 December, the prisoners were quickly removed from Ballarat to Melbourne under heavy escort, to await trial in the Supreme Court. [1] They held at the Melbourne Gaol, where the cramped conditions and harsh treatment were, if anything worse than conditions had been in Ballarat. The prisoners were so appalled at their treatment they eventually submitted a letter to the Sheriff appealing for clemency.

     

…We therefore humbly submit that, as the State only looks at present to our being well secured we ought to be treated with every liberality consistent with our safe custody, and that any unnecessary harshness or arrogant display of power, is nothing more or less than wanton cruelty. Some of us for instance, could while away several hours each day in writing, an occupation which, while it would fill up the dreary vacuum of a prison life, would lend elasticity to the mind, as would the moderate use of snuff and tobacco, cheer it and soothe that mental irritation consequent upon seclusion. But that system of discipline which would paralyse the mind and debilitate the body – that would destroy intellectual as well as physical energy and vigor, cannot certainly be of human origin…[2]

The Crown needed to demonstrate object, design and intention. As well as levying war against the Crown, the definition of High Treason included acts preparatory to rebellion including drilling armed forces, stockpiling arms and ammunition and so on. The Attorney-General, William Stawell faced several difficulties in making the case for High Treason. [3] The rebels were organised in great numbers and in a warlike manner. The Stockade was an armed camp and drilling suggested a degree of military organisation. Whether this constituted an overt act of levying war against the state is debatable though it could be seen as preparatory. Lalor always argued however that the function of the diggers’ camp was defensive not offensive. Also the state needed to show that the diggers had a more general purpose by seeking subvert the authority of the Crown and force a change in established policy or law. The Crown suggested that there was a planned, prior conspiracy and that this was shown by three things. The meeting on Bakery Hill on 28 November and the swearing in of volunteers under the Southern Cross the following day suggested conspiracy. Drilling, the collection of arms, ammunition, provisions, and stores without payment, and the construction of the Stockade demonstrated planning. Since Stawell maintained that it was the rebels who fired first without challenge or parley, the resistance and attack on the troops and police, on 3 December was evidence of levying war. Even so, this proved difficult to sustain. Finally, treason was not necessarily proven if it could be shown that they intended to correct some local or private grievance: the rebels could argue that they were seeking to end the unfair administration of the goldfield.

On Monday 15 and Tuesday 16 January 1855, the prisoners were brought before Sir William a’Beckett, in the Supreme Court of Victoria, to answer the charges laid against them and to select their defence counsel. [4] The trials finally began on Thursday 22 February 1855 when Attorney-General William Stawell, who prosecuted at all the trials, commented:

     

…so long as we are interested in the maintenance of law and order, so long must we feel the greatest and deepest importance in the result of a trial of this kind. [5]

     

The daily proceedings of the trials were reported in both Melbourne newspapers, the local papers of Ballarat and Geelong and also in NSW. They were often the subject of scathing editorial and public comment, particularly in the Age in Melbourne that made no apologies for its criticism of the government. The prisoners were placed at the bar and answered to their names. [6] As they had already received a full written copy of the charges against them, a summary was read. Each of the prisoners was then required to enter a plea. Timothy Hayes was first to plead, but his defence lawyers delayed this due to a minor discrepancy on the indictment. He eventually pleaded not guilty later that morning, after the twelve other prisoners had responded similarly to the charges. The prisoners appeared in the order they were listed in the indictment. Timothy Hayes and then Raffaelo Carboni were to be tried first, but this was delayed by their counsel due to the absence of key witnesses. John Manning’s case was also delayed as his lawyer was reportedly too ill to attend. This meant John Joseph, the African-American from Boston, was the first to be tried. [7]

The charge against Joseph stated:

     

He had made war against our Lady the Queen in order to subvert authority, he had tried to injure her and force her to change her measures and counsels, he had attempted to deprive her of authority in this colony and, finally he had killed and wounded her soldiers and other loyal subjects. [8]

     

The first test of the legal process came with the selection of the jury. The Crown challenged the inclusion of Irish jurors, publicans and other questionable persons. Joseph brought the court to a standstill when he called out that he objected to the inclusion of gentlemen and merchants on the jury. It took some time for the laughter in the courtroom to subside and jury selection to continue. No Irishmen found their way into the ranks of the jury, although two ‘gentlemen’ and a publican were selected. Opening for the Crown, Stawell emphasised the monstrous nature of the offences and their wider implications for the newly formed colony. He also clarified the definition of treason for the jury, as it was the first case of treason to be heard in the colony. Stawell then provided an overview of the events leading up to the attack on the Stockade making particular reference to the drilling of diggers and the oath taken by them to fight for their rights and liberties under the flag of the Southern Cross.

Evidence was then heard from eleven witnesses. They testified to Joseph being drilled on the days leading up to the battle. Six witnesses said that Joseph had been seen ‘distinctly’ in the Stockade during the battle, armed with a double-barrelled gun and two witnesses claimed they saw him discharge his gun at the soldiers. One witness claimed he had seen Joseph firing this gun in the direction of Captain Wise, who later died of his wounds. Finally, he was arrested in a tent from which many shots had been fired; many persons having been found dead and wounded in it and several stand of recently discharged arms were found lying on the floor. The defence counsel, Butler Cole Aspinall and Henry Chapman, did not call any witness and based their case solely on the non-existence of any treasonable intentions. The Attorney-General concluded by arguing that the evidence presented was sufficient to convict the prisoner on all counts and urged the jury to ‘hang a nigger for the governor’. However, after deliberating for half an hour, the jury returned a verdict of not guilty. [9] The courtroom erupted, the cheering at the verdict so affronted the Chief-Justice, he singled out two members of the public (George Gordon and John Keogh) and jailed them for a week for contempt of court. [10] Joseph was placed on a chair and lifted above the crowd of possibly up to 50,000 people, over a quarter of Melbourne’s population in 1855 that then carried him through the streets of the city.

Four days later, on 26 February, John Manning, probable author of some of the seditious articles in the Ballarat Times, was also tried. [11] The evidence against him was largely circumstantial and there was little attempt to show he had taken part in the events in the Stockade. The jury promptly acquitted him. Hotham and Stawell were outraged and decided to delay the other trials to allow pro-digger public opinion to decline and then empanel new jurors.[12]  Stawell’s justification for this was:

He said, two prisoners had been already tried on a charge of high treason this session, and both acquitted. In neither case had any evidence been called for the defence, but the prisoners’ counsel had rested entirely on the case brought forward by the Crown. He did not wish to question the verdict of a jury-a verdict of twelve men solemnly sworn to decide according to the evidence; and therefore, although he held a strong opinion of his own, from the evidence adduced, and the verdict found, he would not now express it. The offence, however, for which the prisoners were arraigned was of so serious a character, and of such vital importance to the community at large, that he felt it was not safe to proceed to trial with the present panel. He would therefore ask His Honor to remand the prisoner until next Criminal Sessions. [13]

This manoeuvre was widely criticised, but did not have much effect. [14] On 12 March, a poorly attended public meeting of 150 people was held near St. Paul’s Church, Melbourne to protest about the postponement. [15] Nevertheless, in Bendigo, a resolution was passed by diggers on 13 March strongly condemning the government’s handling of the state trials and the ‘unbecoming desire for vengeance’ that this conduct demonstrated. [16] Judge Redmond Barry tried the remainder of the cases. [17] A week later, the trial of Timothy Hayes, rightly regarded in Ballarat as a ringleader in the whole movement, began but again the jury returned a not guilty verdict. [18] It is surprising is that Hotham and Stawell persisted with the trials after these rebuffs apart from their belief that even a single conviction would give a semblance of justification. Judicial process now turned to farce. Two further ‘foreigners’, Italian Raffaelo Carboni and Dutchman Jan Vannick, were acquitted on 21 and 22 March. [19] The following day, Irishmen James Beattie and Michael Tuohy were found not guilty and three days later Austrian born Thomas Dignum was suddenly set free without a trial. [20] On 27 March, the remaining prisoners, Henry Read, James Campbell, Jacob Sorenson, John Phelan and William Molloy were tried together and also all acquitted. [21] With each ‘not guilty’ verdict, the courtroom erupted into celebration, much to the annoyance of the Attorney-General and presiding judges.

The acquittals showed that it was impossible for the government to make a case for Treason. By prosecuting the rebels for High Treason rather than the more certain charge of sedition, an understandable position as it wished to make examples of some of the diggers, the Crown had weakened its stance from the outset.[22] Its case had been further compromised by its failure to call either Robert Rede or Captain Thomas to give evidence and its reliance on witnesses whose evidence was often shown to be questionable under cross-examination. There was frequent perjury and evidence that the Crown presented was often incoherent and inconsistent. For instance, Police trooper Henry Goodenough, who was extensively used by the government as their most effective prosecution witness, had acted as an agent provocateur, had infiltrated the Stockade as a digger and attended all the meetings, and apparently had urged the diggers to take a more aggressive approach in reaching their objectives. His reports on the diggers’ activities were exaggerated and frequently challenged by the defence. The way in which Stawell had manipulated the jury system evident in the unjustified postponement after Manning’s trial showed that the state was prepared to pervert justice to achieve its own ends. Lord John Russell summed up the situation when he maintained that it was inexpedient to charge the diggers with High Treason, a charge unlikely to convince a jury. [23] The state trials were as much political as legal in character and their failure was seen as further evidence of the authorities’ incompetence in dealing with the diggers.

Unlike in the Canadas where claims for compensation after the rebellions in 1837 and 1838 dragged on for a decade, those in Victoria were dealt with relatively quickly. The application by Patrick Curtain was typical. [24]  Curtain was in the Eureka Stockade during the attack leading the pike-men and was a claimant for injuries inflicted by the military or police, and for the destruction of his store. [25] A list of items from his store was listed of the claim, total £1,267 7s 2d of which £800 was due to creditors.[26] He declared in an affidavit dated 26 December 1854 that he took no part in the riot, directly or indirectly, any more than ‘protecting my own property’, in marked contradiction to other evidence. [27] Nonetheless, he was awarded £1,000 compensation in March 1856.[28] In total, the Select Committee of the Legislative Council dealing with compensation recommended paying £4,239 to sixteen of the nineteen claimants. Two years later, compensation was also paid to those who claimed to have incurred losses during the attack on Bentley’s Hotel on 17 October 1854 and the subsequent riot. [29] The final claim caused by Eureka Stockade was made by John Foster Vesey Fitzgerald, Hotham’s Colonial Secretary who had resigned in the immediate aftermath of the attack on the Stockade. Hotham had promised recompense for the loss of his £2,000 salary and £1,000 pension but this never occurred. Hotham’s promise was twice rejected by the Legislative Council and once by the Legislative Assembly. [30] In 1867, he visited the colony to give evidence to a Select Committee that in vain recommended his compensation. [31]

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[1] Evans commented that: ‘reports appeared in the papers that Sir Charles Hotham was determined to hang the poor unfortunate fellows in his power who were found guilty. If such a horrible scheme is carried into effect there will be such a universal rising up for vengeance that Sir Charles Hotham & his satellites with all their military force will not stand against –The people of Melbourne & Geelong, the diggers and the Press are all united in one cry for a general amnesty, & it will be well for the government if they reflect before they turn a deaf ear to the public voice’. SLV, MS 13518, Charles Evans, Diary, 14 January 1855, p. 169.

[2] The letter, dated 6 February, was printed in the Age, 14 February 1855, and in ibid, Carboni, Raffaelo, The Eureka Stockade, pp. 140-143.

[3] Bennett, J. M., Sir William Stawell, (Federation Press), 2004, pp. 62-74, considers Stawell’s role in the Eureka trials.

[4] Proceedings of the Supreme Court in the matter of Queen v. Hayes and others, PROV, 1189/P Unit 95, L55/958, ‘The State Trials’, Argus, 16 January 1855, p. 4, ‘Supreme Court, Criminal Sessions’, Argus, 16 January 1855, p. 5, ‘Supreme Court, Criminal Sessions’, Argus, 17 January 1855, p. 5.

[5] ‘The State Trials’, Argus, 23 February 1855, p. 4, ‘The State Trials’, Argus, 24 February 1855, p. 4.

[6]  ‘The State Trials’, Argus, 24 February 1855, p. 4.

[7] Potts, E., Daniel, and Potts, Annette, ‘The Negro and the Australian Gold Rushes, 1852-1857’, The Pacific Historical Review, Vol. 37, (1968), pp. 381-399, gives valuable context for Joseph.  See also, Atkinson, Jeffrey and Roberts, David Andrew, ‘‘Men of Colour’: John Joseph and the Eureka treason trials’, Journal of Australian Colonial History, vol. 10, (1), (2008), pp. 75-98.

[8] ‘The State Trials, The Queen v. Joseph’, Argus, 24 February 1855, p. 5.

[9] Despatch No 38, Hotham to Grey, 28 February 1855, PROV, 1085/P Unit 9.

[10] ‘The State Trials’, Argus, 27 February 1855, p. 5, dealt with the petition of John Keogh who was sentenced to seven days in prison for contempt of court; it failed.

[11] ‘The State Trials’, Argus, 27 February 1855, p. 5, prints a transcript of the trial and acquittal.

[12] Hotham to Grey, 28 February 1855: ‘After these verdicts had been returned it was considered expedient to postpone the trial of the other prisoners until the next session, in order that in cases of such importance to the Country, the opinion of a Jury taken from another panel, might be obtained as to the guilt, or innocence, of the accused.’

[13] ‘The State Trials’, Argus, 28 February 1855, p. 5.

[14] ‘The State Trials’, Argus, 28 February 1855, p. 4, is highly critical of the decision to empanel new juries.

[15] ‘The Ballaarat Prisoners, Open Air Meeting’, Argus, 13 March 1855, p. 5.

[16] PROV, 4066/P Unit 2, March 13 1854.

[17] Phillips, John H., ‘A Black-Letter Lawyer’, La Trobe Journal, Vol. 73, (2004), pp. 23-28, and Ryan, Peter, ‘Sir Redmond Barry, (1813-1880)’, ADB, Vol. 3, pp. 108-111, provide contrasting succinct studies of Barry.  Galbally, Ann, Redmond Barry, An Anglo-Irish Australian, (Melbourne University Press), 1995 and Ryan, Peter, Redmond Barry, A Colonial Life, (Melbourne University Press), 1980, are unenthusiastic about Barry’s judicial qualities.

[18] ‘The State Trials, The Queen v. Raffaelo’, Argus, 20 March 1855, p. 5.

[19] ‘The State Trials’, Argus, 22 March 1855, p. 5. ‘The State Trials, The Queen v.Vennik’, Argus, 23 March 1855, p. 6.

[20] ‘The State Trials, The Queen v. Dignum’, Argus, 27 March 1855, p. 5.

[21] ‘The State Trials’, Argus, 28 March 1855, p. 6.

[22] The Crown would have had little difficulty proving sedition. It was a much broader crime than treason but less serious. It did not require participation in acts of rebellion; threatening the government by parading under arms or drilling under another flag was sufficient.

[23] Russell to Hotham, 2 June 1855.

[24] Claims for Compensation, Ballaarat, pp. 5-8, tabled 25 January 1856, in Anderson, Hugh, (ed.) Eureka: Victorian Parliamentary Papers, Votes and Proceedings 1854-1867, (Melbourne University Press), 1969.

[25] Ibid, Claims for Compensation, Ballaarat, p. 5.

[26] Ibid, Claims for Compensation, Ballaarat, p. 7.

[27] Ibid, Claims for Compensation, Ballaarat, p. 8.

[28] First Report from the Select Committee of the Legislative Council on the Ballaarat Outbreak, pp. iv, vi, ordered to be printed on 12 March 1856, in Anderson, Hugh, (ed.), Eureka: Victorian Parliamentary Papers, Votes and Proceedings 1854-1867, see above.

[29] Report from the Select Committee of the Legislative Council upon Ballaarat Riots—Bentley’s Hotel, ordered to be printed on 1 June 1858, in ibid, Anderson, Hugh, (ed.), Eureka: Victorian Parliamentary Papers, Votes and Proceedings 1854-1867.

[30] See, for instance the debate on the retiring allowance for Foster in the Legislative Council on 28 March 1855, ‘Legislative Council’, Argus, 29 March 1855, p. 5.  ‘The Gold-Fields Report’, Argus, 30 March 1855, p. 4, provides a critique of the document.

[31] Report from the Select Committee of the Legislative Council upon Mr J. F. V. Fitzgerald’ Case, ordered to be printed on 11 July 1867, in ibid, Eureka: Victorian Parliamentary Papers, Votes and Proceedings 1854-1867.