The Evening Star. WEDNESDAY, AUGUST 10, 1870.

Auckland Star, Volume I, Issue 183, 10 August 1870, Page 2

The Evening Star. WEDNESDAY, AUGUST 10, 1870.

i The penalty imposed on (lie owner and | master of the ketch ' Enterprise ' has startled many with its severity, and has created no small amount of sympathy with the sufferers. That the melancholy foundering of the ' Tuuranga' resulted from the breach of la.v for which they are j now punished is generally admitted ; and yet it seems a hard case, that owing to this accident they should be the scapegoats for hundreds of similar offenders, against a ]rw hitherto regarded as a dead letter. Nothing will ever clear from a share ia the blame the authorities who have wilfully closed their eyes to the offence, till the public was awe-stricken by the fearful catastrophe. Hundreds of small craft have for years been going in and out of our harbour, and crawling along our coasts, without any attempt hating been ever made by those charged with sue",, things to enquire if they had any lights, or any means of giving warning at night of their dangerous presence to approaching steamers. So little has this important matter been noticed that one of our principal merchants—himself the owner of vessels for many years—was positively unaware of such a rule being in existence. It is true it is the business , of every citizen to make himself acquainted with the Jaws of his country ; but surely, in a matter of such moment, as affecting the lives of all going on the sea, some means might have been taken to impress the necessity for proper lights, on the minds of those concerned. And surely they are culpable who, closing their eyes, to the offence, by impunity conveyed the r impression that such a regulation was non-existent, or if in existence, that it had grown obsolete, and its provisions would never be enforced. Hush it as we may, there is a profound conviction that there are others more responsible for this sad disaster than Mr. Hadfield and Captain Millis. It is impossible not to fee] pity for Mr. Hadfielcl losing his little all, and immured in prison walls; but it is equally impossible to feel that this is not a righteous judgment. A coal barge driving through the waters unseen is a moving reef. Against rocks and shoals, laid down on the chart, a steamer c;m guard ; but how provide against this unseen battering ram, carrying death without a moment's warning into any thing that may cvoss ita path. It is due to public safety that the dangerous practice should be put down by the strong arm of the law, and if at any time, no occasion is so fitting as when public attention is awaked ani awestricken by one of the most terrible results of such neglect. The decision of the Bench is not to be attributed to undue feeling for the loss of the ' Tauranga,' but to the reasonable demands of justice, and the claims of public safety ; and much as we pity Mr. Hadfield and Capt. Millis, we believe that public safety will benefit from the penalty which they are called to endure. But viewed in another light the offence has a very serious aspect. It is true the offenders were not guilty of wilfully and deliberately killing the passengers and crew of the ' Tauranga,' but they wilfully did that illegal act which resulted in their death, if a man present a firearm at another, he may not intend evil, he may not even know that the instrument was loaded ; but he has done an illegal act, and if it result in the death of the other, the offender is guilty of manslaughter. And if the owner and master of the ' Enterprise' did an illegal act, and by the doin;* of it, caused however unintentionally, the death of those on board the ' Tauranga,' the offence must be looked on as one that meet 3 not excess of punishment in a brief imprisonment. Far be it from us to throw a sione at the fallen, or to say one word unkind of the suffering, and we should sincerely rejoice in the circumstances to learn that means had been taken to relieve the pressure of the penalty; but none the less do we assert that the decision of the Bench was lenient. It is to be hoped the lesson will be laid to heart. We hear there is a regular rush for ships' lamps ; and we trust that for all time to come, those whose business it is to see that vessels are provided with , lights before leaving the harbour will I remember the fate of the ' Taurangp,' the result of their carelessness. The memory of thit sad scene should hang like a cloud over the Custom-house; and the last shriek of despair that rung from the illfated steamer as she plunged beneath the waves should be heard as a dying protest against official neglect.