67). And 'the spies being sent from the Camp to enrol themselves amongst the insurgents, and who, report says, urged them to attack the Camp, which was repudiated by the diggers - they saying they would act upon the defensive'. (p. 132). Carboni, with 18 others, was subsequently put on trial for his life. Hotham directed that American Rebels, some of whom were very prominent, not be prosecuted. He gave them an amnesty; but not quite all, the African American John Joseph was abandoned by Hotham and American officials. The prisoners appealed to Hotham, 'There is a paragraph in our petition to the effect, that if 'His Excellency had found sufficient extenuation in the conduct of American citizens', we thought there were equally good grounds for extending similar clemency to all, irrespective of nationality …. it is a violation of the very principle enunciated by His Excellency in his report, viz.'That it is the duty of a Government to administer equal justice to all' (p. 134). There was a Royal Commission into the Massacre and Hotham wasn't blamed, probably because Hotham's critics were not heard. Hotham's post was raised to a full governorship on 3 February 1855. Though Hotham in all constitutional questions relied on his legal advisers his position was one of great difficulty. Constitutional government had been granted but not really effected, and it was not until 28 November 1855 that the first government under William Haines was formed. During this year Hotham, had been endeavouring to carry out the views of his finance committee, and was receiving much criticism from a section of the press. He was insistent that tenders for all works should be called through the Government Gazette, but not receiving support from the legislature, he ordered the stoppage of all constructional works. For some of his actions he was reprimanded by Sir William Molesworth, the secretary of state. Hotham then sent in his resignation in November 1855 and in doing so mentioned that his health had materially suffered. Later life Hotham was conscientious, but he had little experience to help him in dealing with the exceptionally difficult problems of his period of governorship. He has been severely criticized, but his work on the finances of the colony was of great value. Hotham, whose health was failing, caught a chill on 17 December 1855 while opening the Melbourne Gasworks; he died two weeks later on