This painful occupation hath God
given to the children of men to be exercised therein. I have seen all
things that are done under the sun, and behold all is vanity and vexation
of spirit." - The Preacher, chap. 1st, v. 13, 14.
Chapter XCV.
Qui Potest Capere Capiat.
ELECTION.
OLD SPOT, BAKERY-HILL, BALLAARAT.
According to notice, a Public Meeting was held on Saturday, July 14th,
1855, for the election of nine fit and proper men to act as Members of
the Local Court - the offspring of the Eureka Stockade.
The Resident Warden in the Chair. Names of the Members elected for the
FIRST LOCAL COURT, Ballaarat:-
I. JAMES RYCE, elected Unanimously.
II. ROBERT DONALD, elected Unanimously.
III. CARBONI RAFFAELLO, elected Unanimously.
IV. JOHN YATES, elected Unanimously.
V. WILLIAM GREEN, elected Unanimously.
VI. EDWARD MILLIGAN, elected by a majority of 287 votes.
VII. JOHN WALL, elected by a majority of 240 votes.
VIII. THOMAS CHIDLOW, elected by a majority of 187 votes.
IX. H. R. NICHOLLS, elected by a majority of 163 votes.
The first time I went to our Court, I naturally stopped under the
gum-tree - before the Local Court Building - at the identical spot where
Father P. Smyth, George Black, and myself delivered to the Camp
authorities our message of peace, for preventing bloodshed, on the night
of Thursday, November 30th, 1854, by moonlight. We were then not
successful.
Now, I made a covenant with the Lord God of Israel that if I comparatively
regained my former health and good spirits, I would speak out the truth;
and further, during my six months' sitting in the Court, I would give
right to whom right was due, and smother the knaves, irrespective of
nationality, religion, or colour.
I kept my word - that is, my bond is now at an end.
I hereby resign into the hands of my fellow-diggers the trust reposed in
me as one of their arbitrators: after Christmas, 1855, I shall not sit
in the Local Court. With clean hands I came in, with clean hands I go
out: that is the testimony of my conscience. I look for no other reward.
(Signed) CARBONI RAFFAELLO.
Dec. 1st, 1855.
Chapter XCVI.
Est Modus In Rebus: Sunt Certi Denique Fines, Quos Ultrae,
Citraque Nequit Consistere Rectum.
Have I anything more to say? Oh! yes, mate; a string of the realities of
the things of this world.
Some one who had been spouting, stumping, and blathering - known as
moral-force 'starring' - in 'urbe et argo', for the benefit of the state
prisoners, had for myself personally not humanity enough to attend to a
simple request. He could afford to ride 'on coachey,' I had to tramp my
way to Ballaarat. I wished him to call at my tent on the Eureka, and see
that my stretcher was ready for my weary limbs.
Full stop. My right hand shakes like a reed in a storm; my eyes swell
from a flood of tears. I can control the bitterness of my heart, and say,
"So far shalt thou go;" but I cannot control its ebb and flow: just now
is springtide.
If I must again name a noble-hearted German, Carl Wiesenhavern, of the
Prince Albert Hotel, who was my good Samaritan, I must also annex the
following three documents, because my friends in Rome and Turin may take
my wrongs too much to heart!
Chapter XCVII.
The End Of Men Whose Word Is Their Bond.
(Per favour of 'The Times'.)
"On the disgraced Sunday morning, December 3rd, whilst attending the
wounded diggers at the London Hotel, I was arrested by seven troopers,
handcuffed, and dragged to the Camp. On my arrival there, I was commanded
to strip to the bare shirt; whilst so doing I was kicked, knocked about,
and at last thrown into the lock-up by half-drunken troopers and soldiers.
My money, clothes, and watertight boots, which were quite new, could
nowhere be found at the Camp. Gaoler Nixon had bolted.
"From the confusion and excitement of that morning, I cannot say with
certainty the whole extent of my loss; but I can conscientiously declare
that it amounted to 30 pounds. The only thing which I saved was a little
bag, containing some Eureka dust, and my 'Gold-licence', which Inspector
Foster, who knew me, took charge of previous to my ill-treatment, and has
subsequently handed over to Father P. Smyth for me.
"Awaiting my trial in the Melbourne gaol, I made my 'complaint' to the
visiting justice, for the recovery of my property; but as I had not even
a dog to visit me in prison, so my complaint remained unnoticed. After
all, said worshipful the visiting justice (who was ushered into our yard
with 'Fall in, hats off!'), needs more power to him, as Joseph, the
nigger-rebel, for the 8 pounds, which had been robbed from him in due form
at the Camp, had the consolation to be informed by his worshipful that
gaoler Nixon had bolted.
"The glorious 'Not Guilty' from a British jury having restored me to my
former position in society, I embodied my 'claim' for restitution in a
constitutional form, and had it presented by a gentleman to the Colonial
Secretary, to be submitted for his Excellency's KIND Consideration.
His Excellency, soon after my trial, on being assured of my testimonials
to character and education, condescended to say, 'He was glad to hear I
was so respectable;' but His Excellency has not yet been pleased to
command the restitution of my property.
"Disappointed, in bad health, and worse spirits, I tramped for Ballaarat,
where I found that my tent, on the Eureka, had been robbed of everything
that was worth literally a sixpence - cradle, two tubs, digging tools,
cooking utensils, all gone, even my very blankets!
