THE Otago Daily Times. "Inveniam viam out Faciam." WEDNESDAY, FEBRUARY 12th, 1862

Otago Daily Times, Issue 76, 12 February 1862, Page 2

THE Otago Daily Times. "Inveniam viam out Faciam." WEDNESDAY, FEBRUARY 12th, 1862

In-detailing in yesterday's issue the statement of one of the alleged stow-aways by the Mary K. Ray, and in referring to tlie serious grievances of which he complained, we naturally took it for granted that the information on wliich the fourteen passengers were incarcerated in gaol was duly, and properly sworn to. Such appears, however, not to bave been .tlie case. The Magistrate who "docs" justice at i'ort Chalmers is apparently imbued with a profound faith in the infallibility of captains of ships, and with an unmeasured contempt for tlie claims to consideration of second class passengers. "We presume the modus operandi is something like this; "Oh! Captain Ho-and-So, pray don't trouble yourself to swear to the information; your word is qiiitesufficient." At least the MaryE. Uay case leads one to this inference, for, although it is scarcely to be credited, the fourteen passengers whom the Captain^gave in charge, as it since appears to screen himself, were absolutely committed to gaol without the complainant being required to swear to his information. The Captain has certainly not committed perjury, because lie ?;as never required to swear to the statement be made, but in the face of counter accusations launched on the sot, the bare affirmation of the gentleman, against whom the cross charges were -made, was sufficient to consign to the miserable limits of the Port Chalmers lock-up, fourteen respectable men, who supposing, in all good faith, that they were coming.to a British colony, honestly paid their passage to it, and did. not think it necessary to provide themselves , with means of defence against outrageous personal aggression. One reads occasionally of the personal liberty of British subjects travelling on the Continent being invaded by stupid officials, sinning more in ignorance than through design. The British Ambassador, however, docs not accept this plea, but promptly ad<s for compensation in soma, shape or another. But .what, we would ask, is the incarceration for a few hours of a British traveller in some foreign-village lock-up, compared with the treatment these fourteen men. have received at the hands of officials whoso boast it is to act under the sanctity of British laws. Dragged from amongst 170 of their fellow-passengers, whose esteem and friendship it is to be supposed they had to some extent cultivated, they were carried to the lock-up and packed like sheep in pens, in the cell, which,' to use the language of one of the passengers we have seen, was not fit 10. put " a wild dog in." Fancy the outraged feelings of these men at this their first reception in tbe land which probably they had meant to adopt as their future home. It is not to be supposed that sensitiveness to injured reputation is confined to members of the upper class of society alone. These men. though tlieir means or inclination induced them to choose a second-class passage, wero probably just as much alive to disgrace as though they had dined at the Captain's table and came out first-class passengers. It must have been a source of unmitigated bitterness to them to think that the passengers they left in the ship would think of them only as the occupants of a prison. That tbey would be regarded as thieves who had stolen their passage, that their former companions would meet them with cold and averted glances, that they would be brought into companionship with the confirmed enfants penlus of society, ami these would in future bave the power of claiming their acquaintance on the ground of tlieir having in common shared the shelter of the gaol. The feelings of disgrace at one night's confinement in a prison would be likely to survive years after the remembrance of the physical inconvenience bad faded away. These men feel more the implied aspersion on their character than the actual personal hardship inflicted on them. When tbey came to v? they laid less stress on the wrongs they had suffered than on the desire to vindicate their character against the charge of having surreptitiously obtained, or rather stolen, a passage. But where now are they to seek compensation, or even vindication ? The captain's statement cannot be impugned, because it was not sworn ..to; and the 'magistrate is ii-responsibkv-.'be-j:; . .cause it can no the sbowu.-that-be-.was actuated^ :by'/tniiliee.. .-ri,.L v .;;>■::: sGS'w*;li. ■■■ ; \v-'j.-ct. -rt atsitt.sodtft^-Jsstbe;.shkfii^^drlir^a]jl^gj^ Justice is "broiight iiito dtsrepu't(£fti,idil*%e^ hPfonip n "ninnfev,""" The Captain 'iijTvble.Ua". rcasp.n-;t9.,suppo^e irt w.a§,.-a-,-f(ilsf' charge,- ' affMF fl i'litioceht'iiicn-Jwing cast intoprison arc!-: ftble 3<o qfti\ie?aclift£^i&-i£¥B&4&%s-'fc^fi\|^ri:c.c' lii" > ™1M have ■, tejay-jjjlamgjss .subject ..to-jjfeia^fcJltnJ. When tlie Passengers' Act was^rstJpassed, '•-"AftStliefr-iGioiofiial Secretary (the Ptike of "^Q]P^^Ja^fi^br|K3|ss^#h<}: sake

of encouraging emigration, and in justice to helpless emigrants, its provisions should be strictly enforced. It wo-.tld be an .interesting commentary on these instructions to attach, to them the record of the experience of these fourteen immigrants by the Mary. i E. Kay," whose first reception in the country of their choice was in the cells of one of its gaols.

Evj:.nts sometimes wear a brighter appearance the nearer they approach. A little while back we were lamenting the sorry figure Otago would cut at the next Sessions of the General Assembly, on account of losing the majority of its present representatives. It was then thought that not one of these would be in- a position to attend. Two out of the five were reported to be going home; two others, it was said, would be incapacitated from attending owing to business arrangements, an'l the fifth was said to be disqualified owing lo his accepting a Government appointment. '\Ve are able to say now that, in all probability, four (Hit of the live members will be found in their places. Mr. Oillios has made arrangements that will enable him, if the Session be held at Wellington, to leave his professional duties. Mr. Dick, who resigned some weeks back because he believed he would be unable to spare-thc time from his business avocations, has entered into arrangements that will leave hint sufficient leisure, and be is likely to become again a candidate for the seat he has resigned. His success in such case may he reckoned on. CapFrascr, it is said, lias withdrawn his intention of returning to England, and Mr. Kettle, it appears, only accepted the auditorship on the understanding that he was to be permitted to attend to his legislatorial duties. Mr. M'Glashan really does intend to be absent, and we believe has already resigned. For his seat there wili be a vacancy

It is a frequent thing for tlie Provinces to send up their Superintendents as representa. lives, but we believe Major Richardson will decline to become a candidate, as the condition of Otago would hardly warrant, him in a lengthened absence from bis post. Amongst many other candidates announced, we are able to mention one who we believe is really likely to be found at the hustings on the day of nomination, and, if so, who will probably be favorably received. We allude, to Captain Baldwin, the Commissioner at Waitahuna, and who, since he has filled that position, has won golden opinions from the residents of tbe district under bis charge. If Captain Baldwin be returned to the House be will be able to put to a practical use tbe knowledge with wliich bis residence on the diggings must have supplied him. An amended Goldfields Act, and several measures consequent upon the extensive goldfields found, nnd likely to be found, in New Zealand will necessarily occupy much of the attention of the Assembly, nnd Captnin Baldwin will be able to bring much technical information to bear on the subject. Wc'believc he is a fluent and practised speaker, be once gave a very successful viva voce lecture at Dunedin on public oratory, and when at Trinity College be received the gold medal for proficiency as a debater in the debating society. We believe he is instigated to come forward by several influential friends in Dunedin, and that he will find no difficulty in procuring a substitute to attend to bis duties during bis absence. Seeing bow many important mutters will come before the Assembly at its next session, matters, we may say, especially important to the Province, it is satisfactory fo think thai Otago is likely to have its full number of members in the Assembly Chamber, and all of them men who can do more than give a mere silent vote at the dictates of partiz.mship.