Under the Southern Cross we Stand, a sprig of Wattle in our hand

22 July 1855, Gold is found and New Gold Mountain maintains it's lustre
22 July 1855, Cabbage Tree Hill, Brandy Creek, Tasmania, Australasian Protectorate

Herng Dong Eng was born in Taishan in China's south in 1832. When Herng was 20, he set off to joining his two older brothers in a country they called 'New Gold Mountain'. Herng's journey was difficult. Having travelled from his village to Hong Kong in a tiny boat, he waited in a shanty town until he could board a ship for the three-month voyage. The 12-weeks he spent at sea was only part of the journey. Like many Chinese miners he was 'dropped off' in South Australia to avoid a £10 tax in Victoria. Thankfully that was no longer the case.

He walked between 800 kilometers to get to Victoria. Yet there were difficulties in obtaining prime land to dig. Chinese miners were not banned or subject to laws that taxed them more than others, as was the case in California, yet, for all that, their receptions was cool at best, hostile at worst and the local authorities did them no favours. Their very presence was controversial, as the lengthy wrangling about the presence on non Europeans in Australasia was one of the most controversial aspects of the discussion undertaken by the Constitutional Convention due to wrap up in Melbourne at the end of the month.

Hence, he had taken passage to Tasmania by himself, to explore likely gold bearing areas. He had brought a wife with him, thereby avoiding the tax on "single miners". The reality of his daily life was one of exhaustion, often mixed with hostility from the locals. Yet he was a quick study and mimic, an easy going man. This helped him to make friends, integrating into Australian life. He sought contacts with the locals, enough to learn English and speak it well. By 1855, if you closed your eyes and heard him speak, you would have caught only a mild accent. Herng had worked 6 months and never found gold, but he worked as a carpenter part time to supplement his meager mining returns.

On the morning of the 22nd July 1855, Herng Dong Eng, by now calling himself Henry Eng, was exploring the eastern slope of Cabbage Tree Hill. He smiled as he looked at the samples. A cap of a large and payable gold reef was present. It was to spark a new influx of miners, not only Chinese seeking New Gold Mountain, but miners from all over, including Europe. It was to hasten a resolution at the Constitutional Convention that all miners and indeed all immigrants were to remain equal under the law, a passage deemed necessary by not only a likely war with Great Britain, but a severe shortage of labour of all sorts, not only in mining, but in farming as well. Only the Single Miners Tax remained as an impediment to immigration for China or indeed elsewhere in Asia. For Henry Eng, it was the start of what would be a huge business empire.
 
Has the Protectorate struck gold coins yet?
No, they have not(as yet) even come up with a system of government, however, there is a mint just established in Sydney, so gold coins will likely be struck in 1856 to clear the gold suplus currently present.
 
19 August 1855 - A constitution arrives
29 July 1855, Toorak House, Melbourne

As he sat with Adye Douglas, Peter Lalor contemplated that at last, events seemed to be coming together. The British were still tied into a full scale war in the Crimea, backed by continuing rebellions in India. This was all to the good, as events were still moving extremely quickly on the domestic front. A large portion of crown loyalists had left both Melbourne and Sydney, yet, for all that, many people were still arriving, attracted by the promise of gold and a new future.

By this stage, the former Governor of New South Wales would have reached London and the British Government would be aware of the situation. It was certain to provoke some response, no matter the pressing foreign situation. It was to that end that every effort was being made to prepare a coherent forces that could fight at land or at sea, if needed.

They also had to stay true to their promises of representative government to the people. It was to that end that a constitution had formally been prepared, Adye Douglas providing him with the final draft of such, where it would be signed the next day, which had been declared a National holiday as Australasia Day. Elections had been promised to occur in the first quarter of 1857, at which time the office of President would be abolished. They needed time to deal with more pressing matters in 1855 and 1856. Hopefully, there would still be an entity to hold elections for by that stage. The capitals for the 13 States had been decided. These were to be:

Victoria- Melbourne
New South Wales - Sydney
South Australia - Adelaide
Capricornia - Brisbane
Aotearoa - Auckland
Swan River - Perth
North Australia - Palmerston
New Zealand - Christchurch
Riverina - Albury
Murray - Horsham
New England - Armidale
Tasmania - Hobart Town
Combined Islands - Kingston

Tomorrow they would formerly announce the creation of the new country and he constitution and intention to call elections.

The new constitution was as follows:
Union - The Constitution established the United Protectorate of Australasia by uniting the States of New South Wales, Victoria, Swan River, South Australia, New England, Capricornia, North Australia, Tasmania, Murray, Riverina, Aotearoa, New Zealand and Combined Islands confirms "Australasia" as the name of the country and English as the official language.

Executive Power - All executive authority "of and over Australasia was declared to be vested in the Lord Protector. It specified the formation of the Privy Council for Australasia. It defined the Lord Protector acting with the advice of the Privy Council. It allows the Lord Protector to appoint Governors to exercise their powers in various parts of Australasia, but only upon the recommendation of State Premiers. The Commander-in-Chief of all armed forces was vested in the Lord Protector. Melbourne is declared as the seat of government for Australasia.

Legislative Power - Legislative power was invested entirely in two chambers, a Senate and People’s House, defined in its power and privileges along British lines, stating that Parliament must hold a legislative session at least once every twelve months. Legislation did not need to be signed by the Lord Protector to guarantee passage.

The Senate was defined as having 37 senators, five for Victoria and New South Wales, three for each other State, aside from North Australia, Swan River and Combined Islands, who had one each. Senators were to be appointed for 6 years, elected by popular vote on a first past the post system.

The composition of the People’s House was to consist of a variable number of members for each State, based on electoral districts, each comprising 10,000 eligible voters, but at least one for each state. Eligible voters comprised all men over 21 and all women over 30 resident for more than 12 months in Australasia. It was left to the discretion of State governments whether natives were eligible to vote, ultimately leaving them eligible only in Tasmania, Aotearoa and New Zealand.

Bills that dealt with taxes or appropriation of funds must originate in the People’s House and must be proposed by the government. These did not require the assent of the Lord Protector to pass.

State Constitutions - The basic governing structures of the States was laid out. Each State must have a Governor, aside from Aotearoa, where such power was vested in the Māori King, all of whom, aside from Aotearoa serves at the pleasure of the Lord Protector. All States were to have an executive council. The Governor could exercise executive power, alone or "in council". Legislative power confirmed the existence of parliaments for each of the states, voted on by the same voting laws as federally.

Division of Powers - The powers of government were divided between the States and the federal government. States maintained a great deal of power. Natural resources and education, respectively, were State responsibilities, as were property rights. Civil rights were a shared responsibility, as was agriculture. Immigration was a federal matter.

Parliament was to "make laws for the peace, order, and good government of Australasia, in relation to all matters not coming within the classes of subjects by this Constitution assigned exclusively to the Legislatures of the States". The constitution provided that the federal government has the legislative jurisdiction for "native people and lands reserved for natives", except in relation to Aotearoa, where state law superseded federal.

Parliament was given the power to make law related to "criminal law, except the constitution of courts of criminal jurisdiction, but including the procedure in criminal matters". It was on this authority that Parliament constituted and amended the Federal Criminal Code.

However, in most cases, the States were delegated the power to administer justice, "including the constitution, maintenance, and organization of State courts, both of civil and criminal jurisdictions, and including procedure in civil matters in both courts". This provision allowed the States to maintain courts of criminal jurisdiction and to create their own police forces.

The federal government was able to declare any "works or undertakings" to be of national importance, and thereby remove them from State jurisdiction. This provision was with military projects in mind.

States were given power over the competency of education, but there were significant restrictions designed to protect minority religious rights so as to assuage the significant controversy between Protestants and Catholics.

The federal and state governments were given shared power over agriculture. Either could make laws in this area, but in the case of a conflict, federal law prevailed. In regards immigration, this was solely a federal purview.

Judicature - The authority over the judicial system in Australasia was divided between Parliament and the State Legislatures, however, the bulk of the power went to the States. Parliament had the power to create a "general court of appeal for Australasia" and "additional Courts for the better administration of the laws of Australasia". This translated to the creation of only the Supreme Court and a standard Federal court.

Revenues; debts, assets; taxation - A fiscal union was established where the federal government was liable for the debts of the States. It established the tradition of the federal government supporting the States through fiscal transfers. It created a customs union which prohibited internal tariffs between the States and prevented one order of government from taxing the lands or assets of the other.

Miscellaneous - Parliament had the legislative power to implement treaties, create trade arrangements. It could also declare war with the approval of the Lord Protetor.

Admission of Other Colonies – The federal government was able to negotiate the entry of new States into the Protectorate Union without the need to seek the permission of the existing States.

Bill of rights - The 1689 Bill of Rights in the United Kingdom was affirmed as a right as well. This included:

  • the power of suspending the laws and dispensing with laws without the consent of Parliament was illegal;
  • commission for ecclesiastical causes was illegal;
  • levying taxes without the consent of State of federal of Parliament’s was illegal;
  • it is the right of the subjects to take a case to a higher court was enshrined
  • keeping a standing army in time of peace, unless it be with consent of Parliament, was against law;
  • voting in election of members of Parliament was to be free;
  • the speech, debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;
  • excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual inflicted;
  • promises of fines and forfeitures before conviction are illegal and void;
  • for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently at least annually
  • The House of the people of Australasia was to serve a maximum of four years; seats were to require readjustment following each census to guarantee proportionate representation
  • judges were to serve during good behaviour unless removed by the governor or Lord Protector under advice from Parliament
  • customs duties and tariffs on inter-State trade were prohibited
  • governments in Australasia were exempted from paying most taxes; yet not indemnified against legal proceedings
 
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2 September 1855, HMS Cambridge arrives
2 September 1855, HMS Cambridge, off Sydney Heads

Captain John Dalrymple-Hay had shepherded his rag tag fleet of vessels half way around the world, comprising three barques, all of which were in a shocking state. It was in the nature of transportation that sadly the Government paid poorly. The fees that were paid to the ship owners were so low that only the worst and most decrepit ships were utilised and these three certainly fitted the bill, in Dalrymple-Hays opinion. What a ship of the line, even one so hopelessly outdated as HMS Cambridge, was doing escorting such a rag tag lot of ships, containing 880 convicts, including over 100 Young Irelander rebels.

Dalrmple-Hay had little confidence in his crew, either, his number 1 a drunkard on his last chance, the remainder of his crew summoned to fill gaps in a ship that had not gone to sea in 15 years. He was happy to be at the end of the voyage, having convinced himself of the idiocy of the government and indeed the navy's jumpiness about events here on the other side of the world. It was off Broken Bay that he saw the first sail and then continued to see more, until finally there appeared to be a veritable fleet of small vessels off the entrance to Sydney harbour, eventually resolving themselves into four corvettes or sloops, two of which appeared to be steam powered, half a dozen brigs or sloops and 3 cutters and 7 or 8 gunboats, including a few steam powered vessels.

"They are flying a flag I do not recognise Captain", said his sailing master. It was all very queer indeed.
 
"They are flying a flag I do not recognise Captain", said his sailing master. It was all very queer indeed.
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Here's hoping the blighted "White Australia" policy never becomes a thing.
We are talking about the 1850's here. It will no doubt be "a thing", if perhaps not quite as bad as previous, considering the role that Chinese immigrants have already played in the revolution.
 
2 September 1855 - Cambridge goes down
2 September 1855, HMS Cambridge, off Sydney Heads

Captain John Dalrymple-Hay was furious. "Commodore" Denham could go to the devil and he had told him as much. Bloody traitors the lot of them. It was 1776 all over again, for God's sake. They had told him that they were happy to take the convicts and any free settlers willing to land, but that HMS Cambridge and all British military personnel were forbidden to land. Forbidden to land on British territory, by God, no mater the opinions of their own tinpot dictators.

They had even indicated that they would be willing to allow him to transport a group of people wishing to return to England. The bloody cheek, by God. Well, Cambridge may be old, but she was still a ship of the line and he still had marines on board. He would sink this rag tag shower and bring their new Government under fire. That would take the starch out of their rebellion.

He was musing these thoughts when his own lookout made him aware of the approaching vessel. What in God's name was she doing here? By the time SS Great Britain, impounded on arrival in Melbourne on 1st June 1855, arrived on the scene, HMS Cambridge was already firing at the vessels of the fledgling protectorate navy. He noticed one small sloop already on fire and in trouble, the guns of the smaller ships having limited effect on the ship of the line, only the longer distance fire of some of the protectorate gunboats, using their bow mounted 68 pounders, having an effect. SS Great Britain steamed in closer, taking Cambridge under fire with the two 68 pounder weapons mounted on her bow.

She served to distract the fire of Cambridge from the smaller ships. Iron hulled she may have been, but many parts of her were still vulnerable, including her mizzen mast, which came crashing down. Yet still she came on. John Dalrymple-Hay could not believe it. Surely she did not intend to board her? Yet finally the huge liner, twice the size of Cambridge, turned away. As she did, she revealed what had been in her lee the whole time. The gunboat Crossbow, now closed to within 500 yards, made straight for the old ship of the line. Captain John Dalrymple-Hay's entreaties for Cambridge to turn away and to 'sink that little bastard" were too little and too late. Her helm was relatively unresponsive in the light winds on the day. The ship of the line's cannon blasted the little ship, yet her iron plating saw most cause only superficial damage, although one shot commenced a leak that would cause problems later on. Yet for now she came on, the 150 ton small gunboat embedding herself in the side of the ship of the line, before reversing back out of the breach.

By the time she went down three hours later, many of Cambridge's crew had been saved, her three accompanying vessels now at the mercy of their captors and were escorted into Sydney harbour, their arrival not all they expected it to be. The fact that the small gunboat Crossbow was to settle later that day next to the dock was of small significance. It was not until two days before Christmas 1855 that Henry Labouchere, 1st Baron Taunton, Russell's successor as Secretary of State for the Colonies, became aware of what had occurred when many of the military personal were repatriated to Great Britain.
 
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What type of idiot thinks a single old Man of War can beat an entire nation? Clearly a British one. Lets hope Parliament is a bit smarter.
 
Very interesting, so ITTL the first use of an ironclad in combat is a gunboat modified with armor and a ram? This is over five years before the Monitor and the Merrimac. It is over ten years before the OTL battle of Lissa popularized ramming tactics.
 
3 January 1856 - Hardinge urges a diplomatic solution
3 January 1856, Whitehall, London

Fox Maule-Ramsay, 11th Earl of Dalhousie and Minister For War finally asked the key question, one that had been troubling him, but one for which he had no easy answer. "What can we actually do in terms of bringing these traitors, these rebels to heel? Surely we do not have another 1776 on our hands here?"

Field Marshall Henry Hardinge had been anticipating this question since the briefing had started. He knew all too well that the Minister for war would not like the answer well. "I am afraid you are not going to like my answer Minister. For the fact of the matter is, we were far better placed to win in 1776 than we are now."

"How can this be? The whole country does not have much more than a million people of all types, not counting natives, of course. They can't all be bloody turn-cloaks, after all."

"Be that as it may Minister, the fact is that the army and indeed the navy, are already involved in two full scale wars against Russia on one hand and against the rebels of India. That is one point. The second is this. You mentioned 1776. In 1776 we had a loyal base of operations in British Canada. We employed 30,000 German troops to assist us. We had nigh on 15,000 natives that we were able to use as troops and guides. In 1776, the distance we had to transport troops to operate was 3,000 miles. Here the distance is over 10,000 miles. How do we transport an army, their artillery and horses, some 10,000 miles, then conduct a landing of a substantial force, under fire, whilst at the same conduct two full scale wars in Russia and India. How do we supply and reinforce any such force sent? This can likely only come from India, and India at present is unstable and in rebellion. We cannot use Hong Kong - things there are unstable, as well, the Chinese making more noise about opium. Or Singapore, to quote the Singapore free press "Singapore is a small island full of the very dregs of the population of southeastern Asia".

No, my recommendation is simple enough Minister. Find a diplomatic or political solution, not a military one. For a military one is likely nigh on impossible, at present. Then there is the difficulty of letting the situation simply fester. It becomes an embarrassment to Her Majesty's Government, to have a colony in open rebellion and a tacit acknowledgement that nothing can be done about it. It encourages ideas in other colonies, ideas in Ireland, for instance.

In the meantime, the powers that be in the antipodes consolidate their grip on power, prepare themselves more than they already have for a conflict. Reach out diplomatically. I note that already that Washington have recognised the new entity. Russia of course have. As have Argentina. I am quite sure France would also have done so if we were not in the same soup bowl in Southern Russia.

Fox Maule-Ramsay considered. "Possibly. The Prime Minister has always been against transportation, it was just that certain interests were too powerful to combat. Yet it goes against the grain."

Hardinge replied. "It goes without saying that I will perform whatever orders Her Majesty's government sees fit to give, yet, for all that, I urge you to seek a diplomatic solution. You are right, transportation has seen it's day. We no longer need the lands for that purpose. May-hap that is how you present such an arrangement."
 
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Nice to see the British military being realistic about the situation. Now hopefully the rest of the government will agree.
 
28 April 1856 - Demands are made for a Treaty
28 April 1856, Toorak House, Melbourne

As Peter Lalor sat with Richard Plantagenet, he had the draft Treaty in front of him. "So, we have heard from London and they have enunciated terms by which we may have our own independence. Plantagenet leaned forward. "Out with it then, what are the terms of our London friends?"

Lalor sat back. "It's going to be extensive and expansive, I am afraid. 1.5 million gold sovereigns. Another 125,000 for SS Great Britain, which they do not wish back. 100,000 for 'Her Majesty's warships on station'. I can only presume they mean the paddle sloops Acheron and Torch, the frigate Calliope and the sloops Electra and Falcon. Plus another 50,000 for 'commercial ships that will have to paid out in insurance.' Then another 50,000 for HMS Cambridge, a ship that was about to be hulked, if not for this war. Then 45,000 more for 'the ships of the fourth fleet'."

"Oh, is that all", said Plantagenet, his voice tinged with sarcasm.

"Oh no, its not all" said Lalor, going on. "In return for acknowledging the 13 states of Australasia, they have applied the following conditions:

1) All lawful contracted debts to be paid to creditors on either side;
2) The state of Australasia must provide for the restitution of all estates, rights, and properties, which have been confiscated belonging to British subjects who have been forced to leave, or who wish to leave, or, by way of compensation, pay an amount to such subjects equating to fair value for such properties;
3) All prisoners or war and all British subject desiring to leave the state of Australasia within the next 12 months will be repatriated at Great Britain at the expense of the Australian Government
4) Sovereignty over the New Hebrides Island chain is to be confirmed as belonging to the British Crown. Any possessions held by residents confirmed as citizens of Australasia will revert to the crown. Compensation for such a seizure shall be a matter for the Australasian government.

So you see, it will not be a cheap affair. Likely in the region of 2 million pounds, not including the cost of repatriations to England."

"Should we accept? Can we afford it?" asked the Lord Protector.

"Can we afford not to accept it, that is the real question", said Lalor. "The very fact that Britain have been heavily involved in the Crimean War has strengthened our position immeasurably. Yes, they still have a rebellion in India, but latest reports indicate substantial progress has been made towards a peace; that report being from February. They may already be at peace.

They have made us an offer that confirms our independence. That offer will now be in the public arena. It will be very difficult to walk that back if we accept without provisions, no matter the cost. If we haggle, or do not accept, we may not get another offer of such, especially if they feel they have the whip hand. I think we are duty bound to accept, no matter the cost, so we can safeguard the break that we have made from control by London. Naturally I will put it to cabinet. We can also leak the provisions to the press, so as to inform the public of the position we are in. If cabinet agrees, I say we write back and accept."

"I hate to state the obvious again Peter, but can we afford it?"

"Well, it comes at a good time in terms of our own situation. Sydney mint have just finished striking 478,000 half sovereigns and 981,000 sovereigns, the benefit of being in the middle of a gold rush, I suppose. Considering that communication back and forth takes 2-3 months, it will likely take all of 1856 to get such a Treaty signed. I propose we use America as a neutral signing point, since they have already recognised us diplomatically. So, we likely will not have to pay and money until 1857, in any case. By that stage, if gently increase taxation, use more of the gold in reserve, we should be able to get this done."

"I am more worried about my father. The man owned half of New South Wales, if we are forced to reimburse him for that..... then there is the repatriations. It will likely cost a fortune. Plus the shipping required."

"Well, they have rather fortunately left us SS Great Britain, although she will need a name change and repairs, to be sure. In regards the cost, we can provide a basic repatriation service, with passage and food. Very basic, if you get my meaning. That would be free. But accommodation and food could be upgraded. Of course, we would have to charge for that." he said with a smirk. "In regards to your father, we may be able to isolate his property holdings. It is not like his is particularly popular at present in London, to say the least."
 
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Pangur

Donor
Random questions, has transportation stopped in Britain and if not where are they going to be sent now?
 
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