THE The New Zealand Herald SPECTEMUR AGENDO. MONDAY, JULY 5, 1875.

New Zealand Herald, Volume XII, Issue 4256, 5 July 1875, Page 2

THE The New Zealand Herald SPECTEMUR AGENDO. MONDAY, JULY 5, 1875.

The laws of new Zealand, as they stand on the statute books, are su vague and altogether so unsatisfactory as to call for a complete revision at the hands of our law-makers. Neither magistrates nor judges understand their powers in dealing with questions relating to our mercantile marine, for the very simple reason that all which relates to it is so undetined. What are the responsibilities of masters of vessels ? AYhat of otiicers and seaJ Uen 1 There is always much doubt and

division of opinion when they are brought into the Law Courts. The same remark will apply with equal force to the Australian colonies generally. The subject, we notico, has been introduced into the Victorian Legislature, where Mr. G. P. Smith called tho attention of the Attor-ney-General to a circumstance in connection with a sailing vessel, being at the timo quite unLeaworthy, having been allowed to clear the Custom n. The ship had arrived in Melbourne waters, in a condition wliich shewed that the health of the eeamen had not been cared for. It had been proved in evidence, find beyoml all doubt, that tho men had suifered severely on tho voyago from want of proper accommodation. Having, at last, after undergoing many hardships, reached port, they refused to proceed to sea again In tho same vessel. Mr. Smith very pertinently asked how it was that a ship, unseaworthy in every respect, having yards admittedly defective and insecure, ft forecastle not fit for the habitation of men, and boats in an unseaworthy condition, was permitted to leave the port f It was etated in defence, or by way of explanation, that all tho boats, with the exception of tho long-boat, coidd have been made watertight in an hour; but it was enquired supposing under such circumstances any disaster had happenod to the ship off tho co;ist, and in bad weather, what would have been the fate of the peoplo who trusted to these boats ? This was the state of affairs when tho men refused to proceed to sea in a ship in that condition. Then these men, so refusing, wero charged with desertion. The police magistrate, after personal examination of the vessel, held that the men were justified in refusing to go to sea in her. Tho ship was unsound, and the chargo of desertion was dismissed. Mr. Smith contended that so far as he could understand the law, the agreement between the seamen and captain became null and void, because of tho breach of contract between the latter and former in not having the ship well found.

Somo days after the chargo against the seamen had been dismissed, the repairs of the ship not having been executed meanwhile, the same men wero summoned to the Police Court for refusing to go to sea, when they were, each of them, sentenced to three months' imprisonment. Surely a moro unjust and undeserved punishment was nover passed. And what was tho reason given by the magistrate for such a sentence ] Why, that if the men remained behind they would get better wages than if they went home, and so he had come to the conclusion they desired to remain for that reason. Mr. Smith asked the House, even if this were the case what did that matter to the police magistrate ?

Wo agree with Mr. Smith that it was not tho duty of the magistrate to make tho affair an abstract question. He might guess at motives, but ho could not know them. The men grounded their reasons upon tho unseaworthy condition of the ship. The unseaworthiness was admitted, and the repairs were not made when the sailors refused to proceed to sea in the vessel. Further, it was known that the ship left port unfit to encounter ocean dangers. The answer elicited from the Chief Secretary to Sir. Smith's enquiries, was that no power had been given to the Customs to detain a ship clearing simply for being unseaworthy.

We need scarcely say to those accustomed to read New Zealand journals, that several parallel and analogous cases have come beforo our Courts, and tho decisions arrived at and tho sentences awarded have invariably been received by the general public with extreme dissatisfaction. In several instances seamen have been sent to gaol for refusing to proceed to sea in ships notoriously unseaworthy. Not only have these been sent to gaol, but when tho ship has been on the eve of clearing out for sea the men have been released from confinement, placed on board of ship, and carried out to sea against their inclination and expressed wishes.

How a rotten or improperly found ship is proved to be quite tho opposite is accomplished in something after tho following manner. Sumo master mariner in port is called on to make a survey of the vessel which men have refused to sail in. Tho one called in sympathises with the ditliculties a broker is placed in. Some other person from the shore, who may style himself a marino surveyor, or a shipbuilder, or as

being experienced in tho construction of sailing craft, i* also called in to pass judgment and earn a fee of from two to three guineas for his services. These two men quietly listen to all the captain of tho ship has to state, and after hobnobbing with him in his cabin, proceed to make a superficial survey as an excuse for them to givo a certificate of tho vessel's seaworthiness. Upon the strength of such a worthless document, men in Wellington, in Dunedin, and Christchurch have been sent to gaol under charge of a breach of ship's articles, or refusing to lift anchor, or for some act of alleged insubordination. All this is known to be only too true, but no elfort appears to be made by Harbour Boards, or Chambers of Commerce, or legislative bodies to causo the evils complained of to bo remedied.

It is not because a ship will float, and that a captain's cabin does not let in water, that a ship is fit to go to sea. It may have a sound hull, but its masts may bo so unsound a3 to bo unablo to bear the strain of canvas. The decks may be sufficiently tight to prevent damage being done to tho cargo. This is, of course, important to the shipowner, as being in such case legally liable ; but the forecastle of a ship, in wliich sailors livo and sleep and keep watch below, may be as leaky as a aieve, and a seaman may never know what it is to have a dry sleeping bunk ; yet the ship is pronounced, upon tho dictum of some magistrate who practically knows no more about a ship than ho does of tho sea serpent, to bo seaworthy, and he sends men to prison upon the strength of some piece of written paper signed by a man to order, in return for the fee which is to bo paid him.

Tho law relating to our colonial shipping is defective in this respect: there is really no competent tribunal to deal with many cases which can only bo properly understood by men acquainted by long experience with such subjects. Sometimes, however, it will happen, although very occasionally indeed, that men do sit to try a case which, it may be fairly assumed, they understand—in fact, do understand. Then it is discovered that the law is so ambiguous, or so deficient in giving necessary powers, that a miscarriage of justice must happen. What powers, fur instance, are given to any pnii authorities to prevent a ship going to sea the top hull of which is level, or almost level with the water line I "Who is it that inspects the pumps, or the boats, or the masts, rigging, and sails / If there be such a power, and persons in authority to exercise it, how often, wo ask, is it exerted J

We quite concur with an opinion expressed by ji Melbourno contemporary that there ought to bo appointed, with as little delay as possible, a commission of enquiry, in which tho New Zealand and Australian colonies should

bo represented by competent men at one common centre, and that the laws, as applicable to the mercantile marine of our colony, should be applicable to all in matters where life and. property are concerned. More especially is this needed for vessels engaged traversing tho seas between inter-colonial and inter-provincial porte. Tho lifo of tho coasting seaman is at all times, and under the most favourable conditions, hard, as it i 3 hazardous. Winter and summer exposed to dangerous lee shores, ehoals, rocks, and difficult entrances—even with good ground tackling for holding a vessel to its anchorage, or with sound masts, rigging, and canvas to enable it to beat off a dangerous shore—there will always be a large annual loss of life and property ; but this can bo reduced to a minimum by proper legislative measures and the enforcement of strict regulations, neither of which exist.

Yesterday was the ninety-nmth anniversary of American independence. Falling on a Sunday, it could not of course be commemorated by those demonstrations which are usually indulged in by all American-born subjects. Those for the most part consist in proffered hospitalities to all coiners during the day, the display of bunting with the stars and stripes, and a liberal use of gunpowder. At night there are suppers and banquets given, at which there are large gatherings and a great amount of speechifyiug—much of it very tall speechifying indeed. The proportion of Americana in our province to British or New Zealaud-boru subjects is not very large. We could wish it were larger. They are good colonists, law-abiding, and have shewn us the way in some matters pertaining to commercial enterprise which we had not discovered for ourselves. There is nothing too large for their grasp, whether it be making several thousands of miles of railway through the wilderness inhabited by hostile races ; and nothing too small, even to patenting some new description of nutmeg-grater, or the manufacture of nutmegs from well-seasoned timber. They have a humour and wit of their own, which is indigenous to the race and to the soil. It is not the offspring of or a cross from any other people, although other people attempt to imitate it and invariably fail. But with the exception of two o- three of their great humorists—as, for instance, Holmes, Bret-Harte, and Josh Billings—the humour never docs more than raise a laugh. No moral—no new idea worth treasuring—no spark of morality is ever struck from it. When the coming centenary has passed away, and the second one is ushered in, those then living, by referring to the records of the past, will no doubt find a greatly improved national morality—less levity, and more solidity of thought and deliberation of action. The Americans are a brave people, and can light, as was proved in the late terrible struggle between the North and the South. They are generous as are ever the brave. They have a wonderful way of utilising and turning their vast resources to profitable accouut. They are, in tine, a great people, but they would be quite as great, and probably estimated by a higher standard, if they refrained from continually drumming the belief of their greatness into the ears of the people of other countries. Here is what our smart, observant, and clever San Francisco correspondent said when speaking of the commemoration of the 4th of July, '74, in the Golden City:—" At the close of the procession tho leaders (and a great mass of tho people followed) entered the public hall where the great guns were to orate. Here let me pause. The American people are great; yes, they are a noble people. They have a splendid country—probably the finest country in the world. But they seem unable to believe that these facts speak for themselves—that other people are quite as competent to judge of the greatness of the country as themselves. Hence their orations are mere laudations ; many of them absurdly bombastic and unworthy of tho people. All Americans can orate some, and they never lose a chance. As young America has no chance to exhaust its pent-up vanity in orating, it takes its revenge in another form. For weeks before the 4Ui, hundreds of stores are crowded by eager purchasers of every kind of iirewoiks, and everybody lays in a huge store of crackers, squibs, &e. All day long, from about the Ist to the close of the 4th, there is one incessant bang, bang, crack, crack. Guns and pistols are discharged in all directions. Of course there are accidents, and very serious ones, but young America will not give up the only real holiday which they take. On the day before the 4th, I was waiting for the train, and watching with interest the intense enjoyment of the boys with their crackers. Sitting on the kerbstone was a Heathc-u Chinee, dreaming of the days when in his far-otl" laud he, too, played with lire. A pleasant though melancholy smile covered his sweet face. Presently, as if lost in the past, his eyelids closed and lie was unconscious of all around. A little shaver of a Vauk, not more than seven summers in this new paradise, immediately mastered the position. With the utmost coolness he took a bundle of crackers from his pocket, and quietly igniting them gently dropped them down the back of the dreaming Mongolian. Bang, iiz, spurt, and lie sleeps no more, but is at least six feet in the air. As he comes down he utters an unearthly yell, 'Golly, golly, what's it? Where ami!' The smile upon the face of that Heathen Chinee was no longer bland, and the adjectives applied to the little ' Melicau boy' were as liery as the crackers. But the bravo boy smiled serenely. It is a free country, and he knew it."

O-S-E more rcasou, among many very strong ont-3 against a return to the barbarous system of resorting to the lash, comes before us in the case of a. man named Spearin, who is now in the Melbourne stockade under a sentence of ten years for a criminal assault committed upon a young girl ten years of age, who is his sister-in-law. In addition to so long a term of imprisonment, Spearin was sentenced to two Hoggings with the cat. The prisoner has suffered both thete terrible and degrading inunctions, and now it turns out that the unhappy man is innocent of the offejjce for which he has suffered. The woman and the daughter upon whose evidence Spearin was convicted have been committed for perjury. The subject is about to bo brought before the General Assembly. The Melbourne Press have written strongly against the law which permits a man to be flogged upon the evidence of a -worthless woman and a child tutored to swear falsely in order to gratify a feeling of revenge. The finding of a verdict of the jury is almost ferociously anathematized. The Melbourne Teleyrnph, commenting ou this case, which has greatly excited public feeling, writes as follows : —When in the witness-box, the girl stated that she said what her mother told her to say, and no doubt she did. Beyond her tutored evidence there was nothing, however, to upset the oaths of a number of witnesses; and, putting the evidence for the prosecution and that for the defence the one against the other, the verdict of the jury was one of those incomprehensible conclusions which it is utterly impossible to comprehend. The girl swore that when Spearin was assaulting her she cried out, and threatened to tell her mother, and that he swore at her, and said, " By ti—, if you do, I will make it warm for you." Mr. Patterson, who lives in the adjoining cottage with his daughter, and another young woman, who were all in the house during the whole of the Sunday, swore positively that no such thing could have taken place without their hearing it, for the two cottages are under one roof and are only divided by a thin wooden partition, and, as a matter of fact, a blowfly could hardly buzz in one cottage without being heard in the other. Besides this, Miss Patterson and her friend swore that they were sitting at the windowall the afu on, and that the girl was nut at the ho- . all on the day the assault was sworn ave taken place. These are only specicieas )£ the sworn testimony given

in favour of the man. By one of those anomalies connected with the laws of the land, Spearin has no chance outside the result of placing his accnsers on their trial for perjury. Had it been a civil issue, and a matter of pounds, shillings, and pence, he could have appealed against the verdict of the jury to the full Court, and obtained a new trial. But, though this protection is provided for a man's purse, there is no such consideration shewn by the law for him when his life or liberty is endangered by the stupidity of a jury, or the mistake of a judge. The law recognises the liability of jurymen to err when they have to decide civil causes, but when twelvq men are sworn to try a man for his life, they are thereby ordained legal infallibilities, whose decision cannot be questioned, nor appealed against. Upon the advisability of using the lash for certain heinous crimes, the London Times writes:—"ln the preseut state of public opinion, both inside and outside of Parliament, there is danger of our brutalking ourselves in the vehemence of our efforts to restrain the savagery of our neighbours." There is now (says the Telegraph) little difference, if any, between the London Times and the Press which is lighting the good battle of anti-flogging legislation in Victoria. In both countries the men who believe in discreet laws and firm administration are pitted against the advocates of violent laws, coupled with weak and uncertain administration.