Martial Law

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Martial Law

Enclosure No 10 Proclamation of Martial Law from and after 12 o'clock on Wednesday 6th December 1854: "I proclaimed that Martial Law should be administered within the District of Buninyog comprising Ballarat and its immediate neighbourhood".


Enclosure No 13 Revocation of Martial Law from 9th December 1854: "I, with the advice of my Executive Council repealed Martial Law and therefore it had only an existence of three days".

Signed Chas Hotham. [1]


Proclamation No 111 Proclamation hearing date was December 4, stating that Martial Law was to begin from 12 o'clock noon Wednesday 6th December etc. with the Prohibition of Arms and Supplies. [2]

Martial Law: Enclosure No 10

Enclosure No 10 in Duplicate Despatch No 162 of the 20th Decr 1854 VICTORIA GOVERNMENT GAZETTE EXTRAORDINARY Published by Authority No.111 MONDAY, DECEMBER 4 1854 MARTIAL LAW DECLARED IN THE DISTRICT OF BUNINYONG. PROCLAMATION By His Excellency SIR CHARLES HOTHAM, Knight Commander of the Most Honorable Military Order of the Bath, Lieutenant Governor of the Colony of Victoria, &c, &c., &c. WHEREAS bodies of armed men have arrayed themselves against Her Majesty’s forces and the constituted authorities, and have committed acts of open rebellion: And whereas for the effectual suppression thereof it is imperatively necessary that Martial Law should be administered and executed within the limits herein-after described; Now I, the Lieutenant Governor of the said Colony, with the advice of the Executive Council thereof, do hereby command and proclaim that Martial Law from after Twelve of the Clock at Noon on Wednesday, the sixth day of December instant, shall and may be administered and executed against every person and persons within the said limits who shall at any time after the said hour commit any act of rebellion, any treason, any treasonable or seditious practices, or other outrage or misdemeanour whatsoever within the following limits , that is to say: Commencing at the junction of the Yarrowee River and Williamson’s Creek, thence by a straight line to the junction of the Lal Lal Rivulet with the Moorabool River; thence by that river to its source in the great Dividing Range; thence by that range to the boundry of the Country of Ripon, and by that boundry south-westerly to the township of Carngham, at Bailie’s Creek; thence by a line south-easterly to the junction of the River Yarrowee with Williamson’s Creek aforesaid: And I do hereby, with the advice aforesaid, order and authorize all Officers commanding Her Majesty’s Forces to employ them with utmost vigor and decision for the immediate suppression of the said rebellion and offences, and to proceed against and punish every person and persons acting, aiding, or in any manner assisting in the said rebellion and offences, according to Martial Law, as to them shall seem expedient for the punishment of all such persons: And I do hereby especially declare and proclaim, that no sentence of death shall be carried into execution against any such person without my express consent thereto; And I do hereby, with the advice aforesaid, notify this my Proclamation to all subjects of Her Majesty in the Colony of Victoria. Given under my Hand and the Seal of the Colony, at Melbourne, this fourth day of December, in the year of Our Lord One thousand eight hundred and fifty-four, and in the eighteenth year of Her Majesty’s Reign. (L.S) CHAs. HOTHAM, By His Excellency’s Command, JOHN FOSTER GOD SAVE THE QUEEN! PROHIBITION OF ARMS AND SUPPLIES. PROCLAMATION By His Excellency SIR CHARLES HOTHAM, Knight Commander of the Most Honourable Military Order of the Bath, Lieutenant Governor of the Colony of Victoria, &c., &c., &c. WHEREAS by a Proclamation bearing date the fourth day of December, in the year of Our Lord One thousand eight-hundred and fifty-four, within the following limits, that is to say: Commencing at the junction of the Yarrowee River and Williamson’s Creek, thence by a straight line to the junction of the Lal Lal Rivulet with the Moorabool River; thence by that river to its source in the great Dividing Range; thence by that range to the boundary of the county of Ripon, and by that boundary south-westerly to the township of Carngham, at Bailie’s Creek; thence by a line south-easterly to the junction of the River Yarrowee with Williamson’s Creek aforesaid: Now therefore I, SIR CHARLES HOTHAM, the Lieutenant Governor aforesaid, do hereby proclaim, and declare that no arms, ammunition, munitions of war, food or supplies, shall from and after the said last mentioned day be brought, without my consent, within the limits aforesaid; And I do hereby notify the same to all subjects of Her Majesty in the Colony of Victoria. Given under my Hand and the Seal of the Colony, at Melbourne, this fourth day of December, in the year of Our Lord One thousand eight hundred and fifty-four, and in the eighteenth year of Her Majesty’s Reign. (L.S) CHAs. HOTHAM. By His Excellency’s Command, JOHN FOSTER GOD SAVE THE QUEEN! [3]

Martial Law: Newspaper Report

HOTHAM DECLARES MARTIAL LAW AT BALLAARAT

THE following notices were issued by the Executive yesterday afternoon, intimating the proclamation of Martial Law at the Gold- fields of Ballaarat, to commence tomorrow, the 6th inst.

Proclamation

By His Excellency Sir Charles Hotham, Knight Commander of the Most Honorable Military Order of the Bath, Lieutenant Governor of the Colony of Victoria etc., etc., etc.

WHEREAS large bodies of Armed Men have arrayed themselves against Her Majesty's FORCES and the constituted authorities, and have committed acts of open rebellion: And whereas for the effectual suppression thereof it is imperatively necessary that Martial Law should be administered and executed within the limits hereinafter described: Now I, the Lieutenant-Governor of the said colony, with the advice of the Executive Council thereof do hereby command and proclaim that Martial Law from after Twelve of the Clock at noon on Wednesday, the sixth day of December instant, shall and may be administered and executed against every person and persons within the said limits who shall at any time after the said hour commit any act of rebellion, any treason, treasonable or seditious practices, or other outrage or misdemeanour what so ever within the following limits, that is to say: Commencing at the junction of the Yarrowee River and Williamson's Creek, thence by a straight line to the junction of the Lal Lal Rivulet with the Moorabool River; thence by that river to its source in the great Dividing Range: thence by that range to the boundary of the County of Ripon, and by that boundary south-westerly to the township of Carngham, at Bailie' s Creek; thence by a line south-easterly to the junction of the River Yarrowee with Williamson' s Creek aforesaid: And I do hereby, with the advice aforesaid, order and authorize all officers commanding Her Majesty's Forces to employ them with the utmost vigour and decision for the immediate suppression of the said rebellion and offences, and to proceed against and punish every person and persons acting, aiding, or in any manner assisting in the said rebellion and offences, according to Martial Law, as to them shall seem expedient for the punishment of all such persons: And I do hereby especially declare and proclaim, that no sentence of death shall be carried into execution against any such person without my express consent thereto; and I do hereby, with the advice aforesaid, notify this my proclamation to all subjects of Her Majesty in the Colony of Victoria.

Given under my hand and Seal of the Colony, at Melbourne, this fourth day of December, in the year of our Lord one thousand eight hundred and fifty-four, and in the eighteenth year of Her Majesty's reign.

(L.S.) CHAS HOTHAM by His Excellency's Command, JOHN FOSTER God save the Queen.[4]

Martial Law Revoked

Enclosure No 13 in Duplicate Despatch No 162 of the 20 Dec 1854 VICTORIA GOVERNMENT GAZETTE EXTRAORDINARY Published by Authority No.113 WEDNESDAY, DECEMBER 6. 1854 MARTIAL LAW IN THE BUNINYONG DISTRICT REVOKED FROM 9TH DECEMBER PROCLAMATION By His Excellency SIR CHARLES HOTHAM, Knight Commander of the Most Honorable Military Order of the Bath, Lieutenant Governor of the Colony of Victoria, &c., &c., &c. WHEREAS by a Proclamation under the Hand of the Lieutenant Governor of the Colony of Victoria, and under the seal of the said Colony bearing date the Fourth day of December, A.D. 1854, reciting amongst other things that Bodies of Armed Men had arrayed themselves against Her Majesty’s Forces and the Constituted Authorities, and had committed acts of open rebellion, it was commanded and proclaimed that from and after Twelve of the clock at Noon on Wednesday, the Sixth day of the said month of December, Martial Law should and might be administered and executed against every person and persons within the limits thereinafter described, and which limits included the Gold Fields of Ballaarat, who should at any time after the said hour commit any act of rebellion, any treason, any treasonable or seditious practices or other outrage or misdemeanour whatever within the said limits. And whereas information has been received from the General Officer Commanding Her Majesty’s Forces within the said limits that the population engaged on the said Gold Fields have returned to their usual avocations, and the commission of the said offences having been suppressed, it is therefore expedient that the said recited Proclamation should, from the time hereinafter mentioned, be revoked. Now I, the Lieutenant Governor of the said Colony, with the advice of the Executive Council thereof, do hereby declare and proclaim that from and after the hour of Twelve of the Clock at Noon on Saturday, the Ninth day of December, now instant, the said recited Proclamation shall be, and the same is hereby revoked; And I do hereby, with the advice aforesaid, notify this my Proclamation to all subjects of Her Majesty in the said Colony of Victoria. Given under my Hand and the Seal of the Colony, at Melbourne, this Sixth day of December, in the year of Our Lord One thousand eight hundred and fifty-four, and in the eighteenth year of Her Majesty’s Reign. (L.S) CHAs. HOTHAM By His Excellency’s Command, JOHN FOSTER GOD SAVE THE QUEEN![5]

The New Constitution

The New Constitution

Enclosure No 15 in Duplicate Despatch No 162 of the 20 Dec 1854 THE NEW CONSTITUTION! AND ORDER OF THINGS TO BE ADOPTED THIS MEMORABLE 6TH. DEC, 1854, BY THE RESIDENTS OF VICTORIA, &C. 1.All taxes and tallages of every kind which bear upon labor, or provisions, luxuries, or any article whatsoever, to be abolished : the Custom-house to be converted into an office of Marine Registry, and all persons in it to be preferred to such vacancies in the general government as may hereafter be open, if the officers are suitable. 2.All sums of money required for the maintenance of the Government to be levied upon property, real and chattel, and upon the absentee proprietors of Victorian property ; the latter to be taxed at the rate of 75 per cent upon the ascertained income remitted. 3.Every male between 16 and 60 years of age to be at once enrolled as citizen soldiers; each man to provide and bear arms and ammunition; elect officers; enrol in companies and attend drill once a week to protect life and property. 3.A new electorial Constitution to be at once formed, and all property qualifications in the elector and elected to be abolished. Two Houses of Legislation to be erected : the one to represent the bulk of the people the second to be a small Assembly – an Elected Senate. Every 5000 inhabitants to return two members of the Lower House, and one of the Senate : all to be elected on the one day all over the Colony. A convention, based on these principles to be held as soon as possible. All headlands commanding the harbours of Melbourne and Geelong, to be immediately fortified, and floating batteries to be immediately constructed for the harbors, for which purpose one of the public founderies to be hired to cast long-range cannon, of the necessary calibre, for the defence of the Colony from any external attack. Powder mills also immediately established, and a premium offered for saltpetre, charcoal, sulphur, and other such material. A mint to be forthwith established. 4. The Government to be prohibited from borrowing any money at interest - but to forthwith issue notes of one pound each, received in payment of the property Tax, which should be immediately established. All officers and privates of the army or police now XXX service, to be immediately provided for, by three month’s pay, and land in fee for ever, at the rate of one hundred acres to the lowest private, and an increased grant to non-commission officers and those in commission, providing all such persons actually settle down upon their grants and cultivate the same. Such as may be required to keep up merely a staff of instructors, to be retained on pay in the public service. A military college to be forthwith established. 5. All land of the Colony, not actually purchased and paid for, to be leased to bona fide cultivators in Farms of 250 acres each, at a nominal rent, and the right of purchase reserved to the occupier, within the period of seven years’ rent. The interests of squatters to be regarded, and an honest commission of disinterested men to be appointed, who shall be sworn to adjudge compensation to squatters, whose lands shall be required by the people. 6. All private property to be held and protected by the citizen soldiers. All taxes on digging land quarrying stone, making bricks, digging gold, silver, copper, coal, or, in short any kind of goods whatsoever, to be totally and forever abolished. 7. A Provisional Directory of twelve to be appointed this day, to carry out those general principles in the most peaceful manner. GOD SAVE OUR QUEEN, VICTORIA ! Slate, Williams & Co., Printers 94 Bourke Street, Melbourne. [6]

Also See

Eureka Timeline

References

  1. Dorothy Wickham, Research & Notes 1996, A2343, p.3004
  2. Dorothy Wickham, Research & Notes 1996, A2343, p.3061
  3. Government Gazette, VPRS 1085/P Unit 8, Duplicate 162 Enclosure no. 10, VA 466 Governor (including Lieutenant Governor 1851-1855 and Governor's Office)
  4. The Argus, 5 December 1854
  5. Government Gazette, VPRS 1085/P Unit 8, Duplicate 162 Enclosure no. 13, VA 466 Governor (including Lieutenant Governor 1851-1855 and Governor's Office)
  6. Government Gazette, VPRS 1085/P Unit 8, Duplicate 162 Enclosure no. 15, VA 466 Governor (including Lieutenant Governor 1851-1855 and Governor's Office)

External links



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Caption, Reference.

--Dottigee16 (talk) 14:31, 26 January 2014 (EST)