THE PASSPORT ACT.

Nelson Examiner and New Zealand Chronicle, Volume XVI, Issue XVI, 3 June 1857, Page 4

THE PASSPORT ACT.

[From the Southern Cross, April 10, 1857.]

The Wellington ultra-democratic party have lately performed a remarkable legislative antic. They have passed an Act (of which, by the way, we see very little mention in the local journals), intituled "An Act to provide against certain Persons leaving the Province clandestinely." The provisions of it, in a few words, are as follows : —

The master of any ship, unless of a steamer plying regularly, shall deliver to the harbourmaster, before clearing out, a list of the names of the passengers and crew. No ship shall leave until searched by the harbour master ; after leaving, no boat shall be allowed to board.

The fourth clause of the Act we give in full :—

" If, at the time of any ship being searched by the harbour-master, any person be found on board thereof whose name shall not be found in such list as aforesaid, and who shall not be able satisfactorily to show that he does not intend to proceed to sea in such ship or assign a satisfactory reason to the harbour-master for his name not being on such list, the harbourmaster being the sole judge of the validity of such reason, any magistrate or constable, with such assistants as they may respectively require, may cause any such person to be put on shore."

A penalty of £50 is imposed upon the shipmaster for breach of the Act, and of iJ2O upon any person boarding the vessel after search by the harbour-master.

A more amusing attempt upon the liberty of the subject, in modern times, would be hard to find. It is indeed a record of the liberality J of liberals. So smoothly and quietly managed withal, so plausible in outward form, that the real character of this "Algerine" enactment would escape the notice of all who are not in the habit of examining below the surface of things. The recital of it is a follows: —

« Whereas it is expedient to make provision to prevent debtors and persons amenable to law from departing clandestinely from any port in the province. Be it therefore enacted," &c. This, upon a superficial view, might seem harmless enough ; but much more is in reality enacted than we are led to expect. The recital is simply a delusion, the Act being far more stringent and extended. It applies not only to the "certain persons" mentioned in the title, but to all persons whomsoever. The harbour-master, certain conditions being unfulfilled, would be authorized to send on shore the 65th regiment (if he could), under orders for Wanganui to put down another rebellion (if they could — we like to be fair on both aides) ; or he might give the Governor, if about

to quit the "Empire Province," as they call it, into charge of a constable, with orders to carry his Excellency back to the Wellington Government House forthwith — a power which republican familiarity would exercise with a peculiar zest and satisfaction.

This is indeed a pretty beginning. "If they do these things in the green tree, what will they do in the dry V* Unless they be timely checked by the General Government, where will they stop ? It used to be said in England, when the House of Commons was disposed to run riot, " Thank God, we have a House of Lords ! " We may be likewise thankful, in New Zealand, that we have a General Government, which has the power (and in this instance will most cleavly have no choice but to exercise it) to secure the colonists from such infringements upon their natural rights and liberties. It is really too much that New Zealand should be legislated for as if she were a convict colony. But there is a lesson of deep import to be learned from this, by those whose political prejudices do not render them incapable of learning. It is only those who have established a reputation for ultra-liberalism, by declamation — such as we have heard in the House of Representatives about Magna Charta and the Bill of Rights until weary of the words— and by much profession, who could venture upon so illiberal a measure as this. It is only such as they, who have acquired political capital of a certain order, who could draw so far upon their credit at the Political Bank. Conservatives would not dare to play such antics, even were they inclined. The old adage comes true, that "one man may steal a horse where another dare not look over a hedge." But the " great fact" is beginning to be slowly recognised, that the fiercest democrats when out of power become the most inclined to tyranny when once they shall have possessed themselves of power. Witness Yankee sympathies with Russian despotism, and Yankee tyranny over their own unfortunate slaves.

Ben D' lsraeli was not so far from the truth when he said that the Conservatives were in point of fact the truest liberals. What a tempting opportunity is now offered to ourselves, were we unscrupulously disposed, for taking the wind of the Wellington sails — for taking the lead in ultra-democracy out of their hands. It would be easy to leave them far behind, and that without any apparent sacrifice of consistency. For while we have never made boast of liberality, or indulged in that clap-trap oratory which is the stock-in-trade of those who seek to raise themselves by acquiring influence over such as are not in the habit of thinking for themselves, we have always endeavoured, so far as in us lay, to keep pace with the times, and have been among the foremost advocates of " Progress." Nor can the support of one single illiberal measure be brought up against us. Wellington can no longer say as much. The spot is upon her, fixed ind'elibty, though they may and will lavish acid by the gallon in the endeavour to discharge it. We can easily understand the cause of such an act having been passed ; but the cause is no excuse. It merely shows that so soon as it becomes the interest of Wellington to do that which is illiberal, she treats as nothing all former profession, abaudons all hope of reputation for consistency. Large sums have been borrowed by the Wellington Government for the purpose of bringing out emigrants from home. Gold having been since discovered at Nelson, Wellington has cause to fear that she may have been paying passages for the benefit of a sister province. We are not aware precisely of the terms upon which assistance has been given to the immigrants in question, but assume that certain obligations to the Treasury are involved. Therefore an Act is passed by which not only these, but all other persons are affected. But supposing the Act to affect these persons only, and setting aside the consideration that the* new immigrants might redeem any pecuniary liabilities more readily by labour at the diggings than by labour on the public works in the Wellington province — putting the question in the most favourable light, that such persons are in debt — what right have the Wellington government to hinder them from leaving the province for debt, otherwise than by ordinary course of law? This brings us at once to the inherent vice of Wellington legislation. They make a point, whenever they are able, of treating that province as a distinct colony. Even in the phraseology of the Passport Act (inadvertently perhaps, but straws thrown up show which way the wind blows), they ignore the existence of any other province but their own. It is to prevent certain persons from leaving, not the Province of Wellington, but The Province, par excellence, as if there were none other worth noting. Yet a marked distinction between Province and Colony is known to the law. If a creditor can swear that he believes his debtor to be about to leave the colony, the Judge will grant an order to stop him. But not so should he merely be about to leave the province. For this might be only stepping across a boundary line, as if from the county of York into Lancashire. Let us give a further advantage to the framers of the Passport Act ; let us even set aside the consideration of its being an infringement of the liberty of the subject. Still, there can be little doubt that it would prove insufficient for its own purpose. Laws will not restrain a body of men disposed to migrate from effecting their object : means of evasion will be found. Those who are bent upon going will surely get away. The tacit assumption that immigrants could be restrained within the limits assigned to them wag the false point in the Wakefield system of colonization. Mr. Wakefield supposed that, by placing a high price upon land, and thus preventing labourers for a lengthened period from becoming landowners, he would be able to secure a supply of labour to his model colony. And so he would, if he could build an unscaleable wall around his colony, to confine them within it ; otherwise, being debarred from the acquirement of land there, the labourers would go elsewhere. The Wellington politicians can see the mistake clearly enough, when made by another ; but are unconscious of it when made by themselves. They are clever fellows, beyond a doubt — very smart men. Although they make mis-

takes, we cannot deny them the possession of very remarkable talents. And their volubility is wonderful. Auy one of the three F.s could be backed at five to three, and no takers, to talk a horse's hind-leg off in twenty minutes : they even affect to hold in contempt any honourable member who is unable to perform that feat under the full half-hour. But although we knew them to be somewhat intemperate in speech and headlong in action, we were not prepared for so great a mistake as this. We can only suppose that they were frightened from their propriety by an impending danger, and that, in the trepidation of the moment, they sacrificed the principles which they had heretofore so loudly preached.