TUTTI
PUBLIC RECORD OFFICE
Reference -
CO
832
2 PUBLIC RECORD OFFICE. LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
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Inspection of plantations by Immigration Agent
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properly conducted, immigration must prove a mutual benefit to both employers and employed. That opinion I have never had reason to change or alter. Since that time I have defended the system to the best of my power, whenever I have had the occasion and the opportunity to do so. I have defended it against the well-meaning but mistaken philanthrophy of those who would put a stop to it altogether, and who erroneously believe that in so doing they would consult the interests of the immigrant. I have defended it against the more insidious dangers caused by the short-sighted selfishness of those who, looking only to an immediate profit, forget the conditions under which alone the continued maintenance of such a system is practicable.
During the last few years I have had a close and intimate acquaintance in its every detail with the working of the system as it exists in the West Indies, and where, upon the whole, it works admirably well, and that acquaintance has only deepened my conviction of the utility of immigration.
On the other hand Coolie immigration, as it exists in Cuba, has shown me that, without the continued pressure of strong checks and vigilant precautions, no reliance can be placed on the fact of the free engagement of the labourer as a security against gross abuse; and that the doctrine, that the self-interest of the inaster naturally leads to his providing for the well-being of the servant, however plausible in theory, is too often utterly fallacious in practice, where the master is greedy of immediate gain and uninfluenced by principle or humanity.
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It is in no spirit hostile to immigration; it is with no suspicion of the good faith, as a body, of the employers of labour that I ask you to adopt this Ordinance, and to pass it without substantial modification. It is because I would obviate the otherwise inevitable result which must attend the admission that the Protector does not inspect, and that the Magistrates ought not to inspect, if that admission be not coupled with the immediate adoption of measures effectually to remedy such inefficiency. It is because whatever objection may be raised in theory I know from experience that the best inspected districts are those from which fewest complaints proceed.
In placing this Ordinance before you I have discharged myself of responsibility. My work in connection with it is done. It now becomes your right and your duty, in the free exercise of your high functions, to determine whether its adoption or its rejection will, in your judgment, best promote the true interests of the Colony.
ANNEXURE (A.)
I. JAMAICA.
Act of 1858.
Clause 41.-The Immigration Agent may enter upon any estate where immigrants are employed, and inspect their condition, and require a muster of those on the estate, and shall, at such periods as the Governor directs, visit and inspect every estate whereon they are employed.
Immigration Law 1869.
Clause 15.-The Agent-General of Immigration and a sub-agent shall have power to try and determine in a summary manner all cases of alleged breach of this or of any other immigration law, where he may be of opinion, when an indentured labourer is defendant, that imprisonment with hard labour, for a term not exceeding one month, will be a sufficient penalty; and when an employer, or an attorney, agent or servant of an employer is defendant, that a fine not exceeding five pounds will be a sufficient penalty; and these officers are hereby authorized, in all such cases, to inflict the penalties authorized by law to such extent.
[I.—ANTIGUA.
Act of 1862.
Clause (1.—It shall be lawful for the Immigration Agent to enter into and upon any plantation where any immigrant may be employed, and to inspect the state and condition of such immigrant, and inquire into any complaint which the employer may have against such immigrant, or any such immigrant may have against his employer.
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Clause 62.-Every person who shall wilfully do any act whereby the Immigration Penalty on obstruc- Agent may be prevented or obstructed in the performance of his duty under this Act, tion of Immigra shall, on conviction thereof, before a police magistrate, forfeit and pay such sum not
Agent. exceeding ten pounds for every such offence as to the said police magistrate shall seem fit.
III. BRITISHI GUIANA.
Ordinance No. 4 of 1081.
90. The Immigration Agent-General shall, between the first day of January and the thirtieth day of June, and between the first day of July and the thirty-first day of December in each year, upon some day to be by him fixed, of which he shall give at least seven days' notice by advertisement in the Official Gazette, and by letter addressed to the Manager of the plantation, and duly posted, officially visit every plantation throughout the Colony upon which there may be any immigrant under indenture; and if from any cause the Immigration Agent-General shall be unable to visit the plantation on the day so fixed, he shall notify the same to the Manager, and appoint some other precise day as the day of such visit, giving the Manager at least twenty-four hours' previous notice thereof; and the Immigration Agent-General shall requiret he Manager of every such plantation to produce before him on the day so fixed every immigrant who may have completed his term of service, or who may, within six months from the day of such visit, complete the same; and the Manager shall also produce such other immigrants before the Immigration Agent-General as he may require, provided always, that in order to facilitate the renewal of indentures, the Governor time to time, if he thinks fit, appoint days and places for the payment of bounty or contract duty other than those days and places fixed by the Immigration Agent-General for his half-yearly visits; provided further, that the Governor may also from time to time, if he thinks fit, authorize and direct the several Stipendiary Justices within their respective districts, or any one or more of them, to execute any of the powers or duties of the Immigration Agent-General under this section, in his place and on his behalf.
97. The Immigration Agent-General may at any time enter into and upon any plantation on which any immigrants may be employed, and inspect the state and condition and general treatment of the immigrants, and the state and condition of their dwelling-houses and hospital accommodation, and may inquire into any complaint which the employer may have to make against any such immigrant, or which any such immigrant may have to make against any such, employer, and the Immigration Agent. General shall make a full report of every such injury to the Governor.
may,
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110. If any person shall molest, hinder, impede, oppose, or obstruct the Immigra- tion Agent-General in the due execution of any duty imposed upon him, or any of the powers and authority granted to him by this Ordinance, every such person, on being convicted thereof, shall be deemed guilty of a misdemeanour, and on being convicted thereof before any Inferior Court of Criminal Justice, shall pay a fine not exceeding ninety-six dollars, or be imprisoned, with or without hard labour, for any time not exceeding six months, or pay such penalty and be so imprisoned.
IV. ST. LUCIA.
Ordinance of 1865.
Clause 7.-The Immigration Agent shall at least once in each quarter of every year visit and inspect every estate on which immigrants are employed, and shall ascertain whether such immigrants are properly treated, and shall inquire into any complaints which may be made by employers against immigrants, or by immigrants against their employers, and shall report the result to the Governor; and it shall be lawful for the Immigration Agent, with the sanction of the Governor, to cancel the contract of service of any immigrant who, being paid according to the quantity of his work, shall not have received work sufficient, in the opinion of the said Immigration Agent, to enable him to earn a reasonable amount of wages.
33. It shall be lawful for the Stipendiary Magistrates, the Immigration Agent, and other persons duly authorized by the Governor for that purpose, to enter into and upon any estate where any such registered immigrants may be employed, and to inspect the state and condition of all registered immigrants whom he may find upon such estate, and inquire into any complaint which the employer may have against such immigrants,
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