SECOND READING. (Hansard, 16 March 1875)

THE EARL OF CARNARVON
, in moving that the Bill be now read the second time, said, its object was to extend, and in some respects amend, the Bill which his noble Friend opposite (the Earl of Kimberley) introduced three years ago, and which was now an existing Act of Parliament—35 & 36 Vict. c. 19. The object of that Act was to repress those atrocities which had been too often committed in the so-called "labour trade" in the Pacific Islands, and to regulate that trade for the benefit of the islanders and colonists engaged in it. There could be no doubt that the Act had produced very beneficial results. His noble Friend might be congratulated on what it had effected. It had led to the condemnation of a certain number of ships in the Colonial Courts, and the mere fact of its being on the Statute Book had had a deterrent effect. Since that Act passed, Fiji had been annexed and English sovereignty established in the Fiji Islands. In consequence of that fact a clause was introduced in the Bill now before their Lordships to amend the definition of "Australian Colonies" in the principal Act, and the term "Australian Colonies" in the Act and in this Bill would mean and include the Colony of Fiji. The principal Amendment was that introduced by the 2nd clause of the Bill. The provisions of the principal Act covered only those ships which carried native labour from one point to another for a single passage, and did not authorize the carrying in a British vessel of native labourers for the purpose of carrying on the fishery or other occupation in connection with the vessels. It had, however, been found that ships engaged in the pearl fishery and another description of fishery, and therefore following a legitimate trade, employed Natives as seamen labourers, and were therefore entitled to protection. Ships not protected in that way were subject to penalties; and the object of Clause 2 was to afford it to those fishing vessels and bring them under the law. It therefore provided for the issue of a licence 1858 authorizing such vessel to carry native labourers for the purpose of carrying on their industry: and it also provided for the due registration of the native labourer so carried. Another evil now existed in regard to these vessels. Inasmuch as they were not under the protection afforded by the Act, and being consequently exposed to seizure and condemnation, they changed their flags and professed to belong to another nationality—by that means escaping the restrictions of the law altogether. This was an evil of a serious kind and had given rise to not unreasonable dissatisfaction. While this Bill would afford protection to vessels sailing under the British flag, engaged 'in carrying on a lawful trade in these waters it would not affect, to the extent that was desirable, those ships which were engaged in the slave trade; but he did not know that any Bill could be made completely effectual in that respect until there was an understanding among the European Powers to deal with that traffic in a summary manner. Under the Act it was provided that the offending ships only should be seized and condemned. In this Bill power was taken to condemn the cargoes also of such ships. Then with respect to jurisdiction for dealing with these cases. The Bill provided that the High Court of Admiralty and every Vice Admiralty Court should have jurisdiction to try and condemn or to order the release of any vessel detained under the Act, and gave the same powers as were now vested in Supreme Courts of the Australian Colonies as to the examination of witnesses and the collection of evidence. It was also provided by the Bill that the provisions of the Act and this Bill should apply to the Natives of Fiji in like manner as if they were Natives of islands in the Pacific Ocean not being in Her Majesty's dominions nor within the jurisdiction of any civilized Power. Such protection to the Natives of the Fiji Islands might be necessary for some years; but liberty was given to the Fijian Legislature to enact the Fiji Islands out of those provisions. These were the main objects of the present Bill. As time went on further amendments of the law would probably be found necessary. Everyone was aware of the evils of this labour traffic, when uncontrolled; and though it might be said that the removal of the 1859 Natives to where they would find civilization and employment was a blessing and not a curse; yet on the other hand, if unchecked, it was a disgrace and a curse to our civilization. What was required was not the suppression of the trade but its regulation. Such was the opinion of so high an authority as the late Bishop Patteson.

THE EARL OF KIMBERLEY
said, he had heard with satisfaction that the experience of the Act which he had the honour to introduce three years ago had worked well. He had no objection to the Amendments proposed by the Bill of his noble Friend the Secretary for the Colonies; for he could well understand that great embarrassments had arisen under his Act to vessels engaged in the pearl and other fisheries in those seas—at the same time he was sure his noble Friend would feel it his duty to ask the Admiralty to get the Commodore on the station to take care that the fishing vessels confined themselves to their legitimate occupation. He quite agreed with his noble Friend that the best policy was not to attempt to suppress the labour traffic, but to regulate it. Indeed, it could not be suppressed without the concurrence of the various civilized nations and the presence of a large squadron in the waters of the Pacific Islands. But, believing, as he did, that civilized man must ultimately prevail in Polynesia, he thought it was much better to prepare the way for his further intercourse with the Natives.

§ LORD STANLEY OF ALDERLEY
asked, whether it was not desirable that the Sandwich Islands should be included in the Bill, since the Sandwich islanders resembled other Polynesians in appearance and language, and some of them might be found either in Fiji, or on board ships in those seas, and might require protection, but would not obtain it as the Sandwich Islands were outside the limits of the former Kidnapping Act; also, whether all enactments as to labour by the Fijian Legislature would not be reserved cases to be referred to the Secretary of State for his approval?

THE EARL OF CABNARVON
said, he did not understand the question of the noble Lord with reference to the Sandwich Islands:—there was no Schedule 1860 to the Bill. The case referred to by the noble Lord would be a reserved one, as the question would be a very serious one in reference to the entire subject.