港史文本 - HK In Texts: CO129/60 - Public Offices

FICES

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·CO/129

09127

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Hong Long

1856

Valit

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461.

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2 chong trong 992

Admnially

RECEIVED

JAN.IO

1856

9 January 1886.

The Sum of Scolysur Pounds Sixthilling eright Prude having buupaid by the Naval Departement for the Papage of. the Front Colonel Caine

for

lle

long and it's servant fitte Arugkong to Porich de between the 18th Sept. & 5th Belote lash. &from Point de

Madras

lath-Lan

Xords.

lle

on the 7th & 10th Octobe

ded

Hang Rorde Commise.. of the Admirals to request for will moor Mitecretary Labouchere Beause the Sum absormentored-

A. Merivate lap

衣

Colomal Office

wist.

wist £61. 6.8 – Bobe repaids through R. Reaper zo Pugwaste feneral, to the Credit of Mares

bervices.

Lam. Jour and

Ner Memale

anoth the dient Servant

l Crive for Jaybeent?

10/an. 8!

10m Jan 13

Annen for

Call repen Color

Angeles cogerenjes a

کالای ایرانی

रे

Antony 292 Hony Henry.

Entert

L. Mhe. Bra DJ 21

MINUTE

1856

JAN

11. Jodes 12

Mattie vals 12

Nedathuchure 14

10.2.

tenel Caine ruumis

short have of absence. to visit Ledia. He has

to debt seturned to the

Celery.

h JL

14th Day/ 56

The Sum of L.bt. 6. 8.

having been paid by the Nacel Dept : for the

of the Leute

Propage of

Coene

and his Seuant Jean

Kera

Her & Her

to Persil de

Galle belive the 18th of

^5^bettlach and

Jim Rent de Gatte to Madras con of and 10%

thetrain, I have to requech

that

· you

will call refer

hein to repor

the censorent

through H. Mis : Payhearter.

funeral in this Coventry

Offic

でき

to the credit of local

Sewers.

Slove

lov 6380

6380/55- Admy 7069

Go. 206/36

Govt auf one of

Draft

God. 206 150

lose trong trong

EIVED

JAN26

1836

Adestly, 25 Jany 1856.

Arviy laid before my

Lords bencipessions of the

15 pour letter of the

Ademilly

23th January, inntorin

میں

برشود.

from the fovernor of

헐...

appropriate a temporing

guish of £75.

ders

lowords to expence of

Maintaining

Musicale Ege

Steam

ENT.

Steam brosels of wor

de d.

9.44.6

by thes

for the information of the

ོོན་

Seentory Laboneteve, that

they

کیسے

で

taller

the opinion expressed in

their litter of the 25th Julg

that it is such possible R

lash

placerary of ther Majietzs

Shijer

under the control.

of the botoniel Authorities,

brido have

and

prst,

نے میں

the other hand, to

take any had of the betwiel

for the somine of

ther Majorly's hoog.

I am further to

acquaint yn

седе

Advural on

that the Boar

все

the thera

Station Las Rad Rin

attention called to the

ہے۔

secepity of using weg

exertion to put down

in the lobeina sear;

།

frisy

my merepful actions

have recently later place

Off

;

M. Merivale. If the Secretary of Staté. does not consider

еске

The

laco

to require the Ado, by the seofficiently stromy is command for treffe thing else will

signification

succeed.

vesels of small draught of water ofn

to station

in here seas

furates.

تصل

ships of greater draught can not partade

there is no

help for it but to

sauction, the application of an

annual sum to the employ =

س کے

water police

ment of

As suggested micute on 706 ip

ter

It seleus montious

that trade

the stopped,

се

For Phinin

derla

The used in

гда

a...e Ze

the very life; against the pirates. If Colonial funds wait of acquale perstection

of Kerey

or made precarious

ley this

to the Govern

mit must be given

the suure some flawed.

& the consent of the Treasury

82 2000/ 114

23 201

purpose of pursuing

the pointes into

gres

the creeks,

or up

then rivers

Mich

رو

نک

1440 trong đong

1856 FES13

The Sun

Department for the papast been paid by the Raval

1/2166. 9/22 166.13.4. having

12 February 1856.

Mr. Grotter calleds

Agent

очи

to pay

custiccted to pay his hatz Salar Ansivered 19 Makily

£83.6n8--29 Groby

for

Ypassage

the Attorney several of the Honorable P. J. Sterling

mala

Roughing and for the papass

で

will nove I Secretary the Admirath threquest you Mymptondo Commissionens of lefuil last. Lan commanded the Contract Mail Packets in to southampton oubourd

Chief Justice from trouglas of Marly. A. Proker, Clerk to the

ན་

Human Merivals

Credit ophaval Services above Senne toke repaid to the Labouchere theause the

utoz

Colonies Office

Through

Jou

ア

through In Magento

متر

has been instructio

Jemeral who

receive the

Mtome

Mr Pheninte scale.

Purival We must ascertain from the Admiralty how munt is respectivity due pom these Ifficers, for

are now

Morices me mur.

different

they

Colonices

must Eqquest

The Go

to call

repon them to pay

the cums fr which they

are rach

Gialle.

1-3/4

£83.6.

due fo

Mere Stirling he

how

Am 714

ti si W/ MAME

M. 15.2.

[

adverting to the preceding note of an Admiralty, Ifficial mite to M. Trotter, Murgh the Governa, fn L-83.6.8,

Entered

G. 6. Scotten lage

MINU

དང་༔

FEBY Jacks 9 b

WELLiot

1440 Hiring Hang

29 Febp56

The Sum of £83,6.8

MMerivale

having been grand for

HJ.Ball

GENT.

SecLabouchere

Bertabardor 27 your Gee page from

Hang Hory in Aeferil last Fame dested by

Mer Suntary Salember to aequash this you

черту

её

bill

that avond tho

the Credit of Naval

Semiss through H. Mis. Paydenster Geveral sites

has been siis tulect to

Forega Office

بك Renais

AB.

A SZA

Entered

1440 1664

to the Admiralty

Cretary to the

busting

When the

zusterivale AJ Call

auswer

1800 HAR

is received

nor Hesting may be

be informed

Unser 30 April 156"

821

Her Ball suggestedt

69 Harry Houps.

19 March/3!

Abs. With refereuse to

Youn

letter of the 12 of

Felinary relature to the

Johnay

repayment of the Sur f£166.13-4

си сменив

of the Jeforges to this that this Matter shit : Country if he Merting be anauged by furround the then Attering Genet.

Jeersonal

Communication. Itaw

Gentleman from the hansport office on tho subjech who shitid that' there appears to be

Misunderstanding

some

alueen the

of Hong Hary

and of

ler Letter Clesk to the Chief Suntre of that

Colony, Jam directed

by Mox Secretary Salmuhure

her

Deft

the two Hepts to acquaint you that

of the Kennelly, but der Kotter hering

What he would make

from the public

kwiel

JEN

(pouce pension. the Ga Agent Gorneal has been

directed to make the 785-

payment on that gentleman's

the

enquiries & theule

hean further. Frot

having love so, sovve

letter of this haller

is Gerhaps

Nespay seduction on this accouch bechcarence

auden aux

ff out of muy salary remainiz the to him.

With respect to the Seam

stated to be clue Grani

As thrting Same the state that it appeyes for

Pronssit the Copy of

letten & deepest

A th

Dept. by the Beraiters of

Kausport Services froman

which it appreces ittih Nothing is due from

Mr Herling, that Gentlemen

having sir Jack pearl

£100 for his grapage

was the

Instead of £83.6. E. to which a mouse

The

cost of

This

илл

papage charged by the

SF. P. & O. Heane pachet ("^3

Under these Cercives temes

Pane to aquech that

will mere the Fores

Commissss : of the

you

Sanwretty to laude

Pamounter, to 16-13-4 the clifference to be

ofcended to der Ferling

Sueye

Who is now a

tin Cylon themift

вей

H. is

Będivis

Office of the Directors

of Transport Service and Brisoners of War.

Ibh4. Hong Jong

RECEIVED

FEB 20

1856

1440

Arvovered to Marck/s 6. Aft with Admiralty

بھی

Admiralty,

19. February

1856

We beg to trauenint

to transmit the Exciored

Copy of a letter from the Femminien Anne Oriental Company from which it Would appear that W. Sterling the Attorney feneral at Hong Kong) after having digned certificates which Enabled the Company to claim payment from this Department

The bear leasing, please

tate

Colonial Office

for

are

Mfa

gland, was

for his passage to Puglans furnished with £100 wherewith

to make the Eragment himself - Se beg Geather to state theal

in Consequence

the overcrowding

of the " (Bentinck" Packet on the

"Voyag from falle to Suez the

been claimed

Clarined by

by the Admiralty from the Colonial Department.

We ar

ace

our most

Reccent servants. Леский

MDrew

full

clarin

lice Company

Wab

reduced to €83. 6.8. and for

Heat Jum boat sun only

has repayment

been

•Mr. Meriale.

"Prefer to Mr. Stirling, Phough the Governor of Ceylon, for.

the

Lay

220

explanation

the Admiralty (1440/2rted

to prove repayment y.

عد میں نے شر

ann

£166.13.4

Mr. Stecting, & Mr. Frother. In

10. suppore from. Mist the former two munt & the

too little

this comm

2017

Sinner M

Jtm 721

3000 H&G 1

in Henry bond.

ZU U A

1664 Honey Hong.

Info 288). Thimonial a lepey off

Morale

tom

i il

Not now appheible

to the care

Die

vide Admy 1440 & 30 6 1

a letter fron

copy

the Bouvel

of Admuelty enclosing the

Copy of one from the Peninsules and biental Company

to a pragment of £100 Made by her Stesting

Galer account of his pepaye

From Harry Hory

ein

lepeil lost _ and I have to request that you

seill Communicate thee

letters to Mer

Stoking a

obtaisi pom him the

neupons explanation on the subject_

Shave

(Copy)

Hom

"Peninsular and Onental Steam

hangation Company -

Lir

1664/56.

"Leadenhall St. London 12 Exb7/56_

"With reference to the payment

öf

£166:13:4

the both instant on

"account of the Company's claim for the

"conveyance of Mecer Sterling and Froller

" from Hong Kong to Southamptar, I han

"The honor to acquaint

you

that her

"Sterling called at this Office on the 16th Movember last and paid the amount "His passage money ££100 : — Statury

"He had received the same

The Secritary

"of the Transport Board

that

oof

from ther Majesty's

וי

"Majesty's Government for that purpose.

" Under these circumstances

"you will perhaps be good snough to "issue instructions for the correction "of the mistake.

I have the honor the

Your

Sir

most obdant sewant

Segued) "W. Howell

Secretary

5.6. 16534

وده

2633 dong cong

BAR22

18. 6

Admiralty

20th March 1856,

I am commanded by my

Lords Commupionis ofthe

Admiralty in acknowledging

fecups of your letter of the 28th Weltime, direction of Mr. Secretary

Deluctoning by

Copy to Lanot BP

for

oko no B

Preport may 1st

따라

Copy to Gov

•0.12

156

род

男

Lavon chore, a Copy of the Act 18 and 19.

Fect, cap. 104., entitled an Act for the beter regulation of Chinese Papengers

and the Opinions ofther Tow Officers ofther (own ofther 146 Fely

Ships

And requesting my

14th

Lords attention

1856

to the Rovisions of the Statute, and

their consideration ofth

Herman Memish E

Colonial Office

Pestructions

necessary

диви

Recepory to be given to Commanders of Her Tuajesty's Stumps, for enforcing

requirements, express their regret,

that an Act co

containing

such stringent-

Rovisions, for the Regulation not only of British Ships, but of such Vessels

under the Flag of Foreign Power

Es may

be engaged in the conveyance

If Chinese Ressengers from Hong Kong,

ན

and imposing such onerous and delicate

Luties on the Commanders ofther Sinsertig's Paips, thould have been

submitted to Parliament, and received.

the sanction ofther Legislature, without

May

action Lau

Communcation

Lauring

been made

on the bulgest of it's witended

My Inds observe that by the twor

of the Act, Officers in ther Miajesty's Service

are empowered to seize and detain; wherever it may

be found any

"Papanger this" "bling

Варендет

British

China

and to

seize within Her Majesty's dominions

or the Scontories ofthe bast hidin

Chinese Raplunger Ship,

Company, any

Whether the Property of Her Majesty's

or Foreigners, which they may

Subjects or

deem to have incurred the

the penalty of

Forfeiture for non compliance with,

Controvention, ofthen Brovisions of

the Act.

My Ind

Lords concur

with Mr.

Exbouchere in Opinion, that the Rovisions of the Statute may

be better

Provisions to this Department.

My Lords

Cufonics within the Dominions of Ther

KIER

Her Majesty, or in the Territories of

Company, by the

the East India Corps

Other Officers mentioned in the Act,

then by the Offerers of the Seajesty's

Nary,

who have not the same facility

of reference & Legal Opinions, or

secourse to the advice of their dreperions

on the spot, as the other person's

noued in the Act to whom this

tome Rowers are committed.

out

With reference to the seizure. of the British Jurisdiction of British Chinese depenger Thips for any Supposed infraction of the Brovisions

та

of the Act, My Ends are of opinione

that it would not be prudent

to call upon Officers ofther leajesty's

Service, whe

are not couvert aut

with

with Legal Forms to enforce there

penalties, and to to nicer the wish of legal procedings - cofecially

they

observe, that the protection

provided by the 11th Section for

persons discharging such responsible

and difficult duties are

hindequate

to secure them from serious Consequences;

further

for thing and my Lords are

Spurion that inch bergine of Antisl

Ship's beyond the downsions ofther Majesty

on the Territoris ofthe Cost

Media Company by Offeries in Nar- Majesty's Mary, may lead to terris

difficulties with Foreign States, and that such powers could only safely be exercised if at all by Har hingesty

Connels

Consuls or accredited Agents.

Lords have no

objection to

instruct Officini's Commanding ther Majesty Ship's to visit and suspect Chinese Papangers Ships Ling Britial on the High Seas, and in case there should

violation of th Appear to have been any Bovisions ofther Statute to transmit as

Auggested by Mr. Labouchere, the

necpary

declaration prescribed by

the 15th Lection.

Their Lordships

in Conclusion,

ca: mot but express their opinion that

off the Brovisions of the Act be duly

lnforced by the proper Officers at

Song song,

Погод

and at the Rost of

"destination _ by the Officons empowered

will be remedied, and that adequate

protection will be afforded to the

Emigrants without imposing on the

Officiers ofther Seajesty's Ships, duties

which may

Judy

interfere with the more

prepping exigencies ofther Majerting

discharge

Service and for the duc

of which they

گل

are not qualified.

Journost

innost obedmint

humble front

t-L

Offe

ENT.

the Act that the existen

existing

evils

will

تالی

R. venällingerse of R. Admiralty to suerte their offin's

in the (very sering) sissermitility for lehering u

Leasen f

which they ever heard while it was for being Jasin offres to mo ворот что

natural, and then, Zielini General ferende of porting & so caflozing

their Officers, sound, and I shall throughy

么

acquiescere

with. course they

Imporre, Ran is to 109 corsening

Name Sier

سباب کے

Lingeart ship hijas

B. intervention of

& infecting Dentist Ebenen.

1. High Seas, and waking,

if required H. Dularation Juriided for

$15. Adez

I am Jan.

the

in my stad kas Me

Lon offere

ра

thi niw to

Consideration, for I have for 10mm Limit felt uffertension that a disprent рес

Conven, in arising hern

well. Mant

sxasin seal

hat herlife rather exupion

in ons bystation, might

Me leevish.

I know very

R. hasting

Fall, which

repid

Sepsein of 18955, not witamen

disproves of Maison

dirty

H. Bound of Trade between different depacket oft

Erflrietly demusing

Expediency

siderable

70-7

ん

врент

Sent I

landas in

Comple

unexpected disfunter with

Foreign Nation.

2. F824 and

W Ball

24 33 cong Kong

I know abthing of

Хини се?

This Art 10.'

ᄉ

you asure with the Elliot? or de gou

wion the subjust farther locked into?

Im Wh24.

fr Labouchere

I should wish to defer my observations until the Emigration Commissioners who drew the Will

女

very carefully considered its provisions shall have reported

on this letter.

шеј

Copy to sing toe as requests

an early report?

bey well

Ms 27 M

Why

aday 2633 Hry. Kory.

Chuwa Passengers' Act.

On the 20th of March

the Admiralty earnestly deprecated calling upow

Naval Officers

do more in this matter than

visit on the high Seas Britials Ships carrying Chinese Passengers,

and transmit the declaratio required by the Act in case of discovering any violation of the Law. The migration Cours have furnished a long argumentative

report controverting the opinion of the Admiralty.

I have

prepared as instructed a draft ingiving whether the views of the Admiralty,

are altered by this report, but I find it so difficult to execute

the

ENT

English Act

Parliament

permission an

remainder of the directions

ther

that I would ask

would ask per

a question of so much importance

to submit it once more

Consideration.

for..

The direction is that

we should ask the Admiralty

to explain mare precisely the danger which they apprehend have already stated

But hey

in the plainest terus that. Sea Officers are not Lauzers, And that they fear the

gravest consequences if the Fask is to be forced upon of seizing Ships, British or Freign, for the infraction of

them

ал

Kereta

made without any treaty

Foreign Powers.

ent with Foreign agreement

The Admiralty do not think

that Naval Commanders

should be called upon to solve

the probable points of law and diplomacy. It would be difficult for them to be more

precise unless they were to specify any of

the numerous cases of error which it is only easy

imagine.

ttie

too

Within six weeks after

sed Justinctions are

proposed

isued, the Captain of any British Man of War large man_of_W

or small

might

Office!

might think himself bound

to seize in the Port of Hong Kong

American

a French or an East Eudiaman laden with

a cargo of tea or other valuable

Chinese

Certainly

produce and Conveying

Passengers.

ain the Commander again

of a

might

British Vessel of War

to seize

На

be called upon And remove to the seat of a "";

Court & British

Vice Admiralty

Merch autman in the Port of

New Orleans, which had brought

opengers withart

Chinese Pa

Apparently Carforming with the

terms

hob

terms of the English Act an

the subject. It is worth while.

to consider the

feelings which England

would be entertained in

American Cruizer

свайд

were

to make prize in the Mersey

of one of the American Liners,

And sail away with her to the buited States because the

was lupp

eupposed to have failed

to comply with some law passed,

at washington.

But the

lumigration Cours

tell us that this is indifferent,

because the Commanders of

Her Majesty's Ships

are only to

Act in such cases in obedience

to the "instructions" of

of the

Collector

Foreg Office

Collector of Customs, if at a British Port, or the Consul, if

lat

at a

Foreign Port. - The Caurs

are usually to able and so

pudicious in their reports, that

will not comment on this

singular passage. I will merely take the liberty to remark that nothing is more common than for the Admiral's Flag Ship to be living at stong Kong and I

should be glad to know with what countenance the Captain

of a ship carrying

Guns

Could

plead as an excuse for making unlawful Prize of a Foreign Phip

that he acted under the orders

€

المية لموت النهي في

of a Collector of Custons. Evew

of this could for

an wistaut be

supposed to relieve him from pecuniary damages for

illegal act, the offence given

Foreign Power would deuppre

to a

I con not be the less because au act ale frign

pod can "intinst

вить, пите

of violence had been dictated

Michhoes by

a bound Cust unw!!

a civil servant of small account, instead of done by the "Sit proper authority of an Officer

untrusted by Her Majesty with

of ster

Ster Arnaed

the carhol of. Forces.

The Corrs also speak of

"Sustruction's" Carveyed by M.

Labouchere to the Admiralty, but

nove

Fore

Office

LAMIYANG LA

nove

given. When

such were given.

undeed any important movement the public Forces is determined

by the Cabinets, it is a usual

مند

Form to Coincy the Queen's

Caumands on the dubject, hit nothing of the kind occurred here

a would have been suitable

to the case.

There already exists

андитай

a great body of Law and usage

• respecting Prizes of War. There

is also a body of Law and numerous treaties respecting the suppression of the Slave Grade. Refne Great Britain

undertook the office of interfering

with

ዛ

with other Nations on that traffic,

it had been made the Qu

subject

of a colemn declaration at the Congress of Vienna, and o

of Reparate Conventions with every Power concerned. But if in the

present instance,

Knowledge

on the

with ne

previdno

part

art of Foreign

Governments and scarcely with

Great Britain buddenly begins

that of

an aon.

Collectively,

to leize by force of

aruA

uns Foreign

And

Ships in distant British Ports further to assume sovereign rights in Foreign Ports by seizing British Ships there for the unfactio of a recent English Municipal -Law, I cannot help fearing

that

ENT

Forent Office

that it will be a great surprise

both at home and abroad,

And that in this undertaking

to dictate the observance of Ian Salutes at the cannais

month, we should not have

lang

to wait fn that maritine

War which did not occur in

et closed.

the Cntest just

If it be indeed the

deliberate and advised resolve

of Her Majesty's

Government that

these risks should be run for

the sake of enforcing

an recent

Act on Chinese Passengers, of

course the requisite aders should he ferred to the Admiralty, in the Queen's n

name, and thie

Carsequence

ег

ces must be duly

Consequences

met. But the magnitude

the question will I trust excuse this huumble repetition of it's

real nature, and the remark that such are the dangers

to which the Admiralty pointed in the letter which is

nav to be Auswered.

is un

I.7.8.2009

In one point I think do Ellich

Mer

unrenparily absurd. The Milish Laval officer acting unch this statute wild Lane nower to drive of Qjitish chale in Chinex waters hat not in frugte Emotion waters witch some treaty Exists: see Law Adviscis opinion in 1 of 1858. II, and ice that the opinion inquation & discation contained in is cauten

nit

Communicated the Adm» ? which

Fore

Office

aught apparently to Lavihan Mone: il

rushaps it was thought that the intitione

late concryed in N Murdachi dasl 17.28.

This however is a minor point : the mam question wlater to the fixed djction entertained by the Ado? to

any

enactment

which gives captains of WM's Stips the duties

of a raval police.

Hat of

the high sens, Esterially

Examining taken.

stopping shops & Examining

The same djcction was mail to a proporal

of this tice during the war, hat lomian

ship, should in like manner be stopped

to look to their certificates. and it preiniti.

Nerd. I think they

are it all likely

to waive so tooted a principle angramento which

which can

any

I adduced in

official coverfonilone. If to Labombere

thinter it important to insist on the

pornt, it must he sained I think by fuitch regiciation. It cover t important

15 mintain whether

would

öker

any

other went

Art of Puret. impere duties

биле

officers of the Navy. The

particular sort on officer of

Ал

Merchant Shipping Act don wit, co for

China Passengers Act

as I have examined it :

het Jam

2st very familiar with the subject.

Could this difficulty on overcome,

had

concur for my own part with gonell

Дисер

in seeing nothing unreasonath, a very difficult of execution, in the persisions

The Statute.

In Labouchere

HM May

I cannot help thinking that the apprehensions expressed by for Elliot

are to a great extent

founded on misconception

at all events on a supposition that naval officers

are

の

intended

to do everything which by the

lect they

they are legally impowered

Ado.

On the contrary it is proposed bu instructions to limit their

ENT

Foreg Office

duties to certain well defined

act no one

of which as it

-popibly

Seems to me can

lead to collision with any foreign power.

Thus it is not intended that

any naval offices should be called on to seize a

seize a foreign Ship in a British port_

nor a

British ship in a foreign

port mupt where by treaty

except

& usage British purisdiction

Extends

on full consideration

I think it will be well to

defer

in tome meanne to the

objections of the Admiralty & therefore submit a draft somewhat departing from yt minute.

minute - going a little more closely into the question & showing what instructions are really essential.

may

I think the cheft will do as it has slande

M. 7. M

Entered.

Ad 2633 2. Cro. 308′

The Secretary

to thee

Zv. Ellist

1 Stang Kong. 308)

Admiralty

30. April

Mr. Merivale.

Tanny gi 61.

ZW. Ball

W. Labonchere. 7. M.

Daft

RP to dept 9th Ans 22. May Job

4634

See icparati

Memete within Am

-of Quit

may

rich 1856.

Jam directed

by MW. See Labouchere to acknowledge

ttee

sur letter

receipt of your

of the 20th ultimo, or

the subject of the

Copy to Gov 5 July 156.spextent to which

Copy to F. 0.12 July 156

5x Suide F1.6. 500/2

до

کی

Officers in command

of St. Mis Thips should interfere in carrying

uito effect the Clunese Passengers

Aot passed in the

last

last Tession.

MW. Labouchere

desires

me at the

ontact to express his

regret.

that it appears

that by some

Height

over-

tie L. C. of

еле

the Admirally there

not expressly

Consulted respecting

this measure at the

time when it was

un progress through Parliament.:

I am directed

to enclose the copy.

fint

April 156

case which

of a repart from the lung: Comms upa

the question which is now pending. It

will be observed

that there are

foun

Conjunctures in which

the intervention

An office representing

the British Gov. may be required for the enforcement

of the Act. In the

two first of thione

avor is advected to too by the CM, namely, the

of enforcing Conjunctimes, there

means

the act as against Ch. Passenger shiper

Appears little or

Within British or Foreig

دی

Vani

INT

breng

Office

人

no probability that

an Officer in command

when within British

of are of this ships dominion

Pleipo

world ever be called

lepo

to interferes.

With a

Mr Labouch

concurs with their Lordsh in thinking that the duty of searching much

a to the ships & of exforcing

regard to

provisions of the act.

Other I am to request by the seizure of

that

you

will submit

the they

ว

or otherwise st he committed to the

to their Lordship Emigration officers' the explanations offers of Customs :

The thinks that officer.

in the decigration of 14. M. Mary may for

H. prop "Cants' report and be instructed not to

will have the

goodness

to acquaint fr

Labornobires

essor excrcise the port

in there respects whe Eu aregiver to them.

dw.

Labor obires information,

whether

by the best.

In the second case,

with regard to the

Icans of enforcing the Act-against- British Ships in foreign ports,

it may be obsewed that no legal

legal means

for this purpose wist- except in those places Where by Treaty or usage British jurisdiction

over British shiper has been admitted

to prevail.

In th

cases

this native pr dabouchere

likewise thinks that

the enforcement of the Act stub by the search & seizure

رنی

bre Offic

...

of British ships impinging it's provisions thed

be left to the Consular

officers of

H.M.

a that officers of the

Navy

th be instructed

thobe

not to interfere.

with regard to cases of the third clap Where British Papanges

Ships

are met with

On the high seas,

Men

Labouchere understands that their & mare willing to mistrust he

اسند

office of H. M. Navy to search such ships,

in the manner suggested.

Letter

zin

28th "Jel' last, and

to transmit in duplicate

to the Sea of State & the Sory H. Kony

a declaration

fla

any facts appearing

to be in violation the low-if ascertained by such search, but that they apprehend inconvenience to H. M.

Service posibility of difficulties with foreign powers if the right

of seizure given by the Act were sooof, to be exercised by officers,

Naval

of the

If the instructions given to officers muted this intervention to British ships meet with on the high seas mor

Labouchere

'don

but thick it gostite that any risk of difficult with fough powers, could arise from thinn enforcement of the low,

تان اولی

Foreg

Office

- --- י י

but he is dispored to defer to the opinion

thing & in that it 7 not desirable to impore

on Officers of H. M havy duties which require an acquaintan with legal forn.

Inca

In cases where there

is reason to apprehend that the Emigration papers requined by the Act have been forged

fraudulent attered

In Labouchere therefore thinks that officers # may properly be

instructed to make a full statement.

Im facts in a declaration wem as provided

the 15th Section of the Act.

}

I however he for this consideration

their & for whether in

cases where no

emigration

hapers whatever are produced to the offices

Searching a Birtish papenger Ship & where the passengers Appear to be suffering from ill usage or neglect Officers of

the Mom H. M. licht may not properly be instructed to excrcise the right.

of seizure, since the

in such cases

био

absence of Sming " fapers simple fact not

is a

admitting of legal doulk.

or question.

{

・With regard

to the 4th claps of cases noticed by the Emig (where Offens of the heavy may be Called upon by Emigh officers - Officers of the Customis or British Consular officers. simply to give thin

assistance in conveying to the nearest admirats Court ships which have been seized by those officers in the exccution of thin duty Our Labouchere truss that their & Maill

not feel any difficulty in instructing the

៥

offiens of

"HM Navy

to lend such apistance

in every

case where

a compliance with such a request may not be inconsistent with the hure preping

demands

JH.M.

Service.

The conveyance of Ship after seigure

ستا

да

to the place when a Court of competent jurisdiction is as hom Kabouchere apprehends

арини

a purely ministerial act which could not under any

circumstances inrobe an officer

H.M-service in

сотеините

of a disagreable ratione. without a provision

to this effect it seems to por Labouchere that

means wo

no effectical remain for the enforces

ENT

fore Office

{

of the act in

the

very

places where it is host desirable both on grounds of humanity & for the maintenance of our relaturis with China that some effecte a check shone

but to acts of atrocious

und Gruetty which have excited the indignation not only of Hotte Goot Butish officers but als that of the people & the

governments of foreige

nations.

Cargues of emigrants have been conveyed from various points on the

china under circumstances Coast of which exposed these people to cruel suffering.

no means exist for conveying a British ship when seized in those waters to the spot where an

admincalty court

can decide

прип

her

Care

יו

1 -

dis prepl

case, there appears to be little prospect

useful

result being

of any

obtained by the

efforts which are

now made by 4. M. Gost to put an

and to to discudititle

a traffic

I am do

K. M.

CENT

Fore

Offe

·ƒ

Bridges 2893/51.

Mr. Bridges

written to 26 April/sto.

3464 Hong Kong

RECEIVE!

APR16 1856

Fermination

14: April 1856

Having laid before my

Lord Commissionen

Admiraty your

of the

lither of the

19th Interne, with its enclosed copy

of one from M. W. T. Bridges relative to the suppression of Praiz

in the Chinese Pas; I am

Commen

austed

mary

ed by them Lordings

anquaint you, for the information

If M. Secretary Labouchere,

that

msurures have been

taken by

the Nawal Commmmander

in Chief for protecting the

John Ball Eng

Colonial Office

trading

Think, M Adv An

trading Repele in the China

have infe

Tras from the attacks of Pirates, hop

сору

incloed appears from the copy of all?

of W. Bridges letter traminithe not heave

by you.

that, wis

is must be left itn.

and that

Evident to M Lubouchure, the

other

Sasures

informatic

Suggested long time Films, fill by felcslist.

Gruthavan require the adoption

legislative and other mearmers

which

beyond the powers of

the Cediminatey to direct, and some

Z which appens to

be such as

Carried into

could

affect

with and

buy

only

Lord to

سعار

Com cert

сей

of Treaty

Treaty, songagements with the

аде

Chinese

Game

Portinquece

رمندی

Mrs Chine

شت سال

درد گرم خان امیری

GENT.

Fore

Office

ᅥ

Mr. Wict.

Putley,

M. Labouchere having.

called the Governon, section to M: I suppose,

Bridges suggestions to for

the precention of firacy the limits of W..

Concerned.

genesing p

annexed

3464. StongKong.

We m

ле

may perhand hear

something from the Foreign

Office to which Department also M. Bridge's letter was

Communicated.

No answer to thre

Admiralty is called for. But I would take this opportunity

GENT

of submitting that Mr. Bridges &

ought to receive an

acknow

acknowledging

for the able letter which he wrote, and should be afured

han

that it will not fail to

leceive due consideration.

7.7 18 April.

乙丑

M19 a. M. 15

Admy 1440

1664

3861 trong trong

Admmate

RECEIVED

My 30 April 1856

MAY 2 1856

Frith reference to your letter

The L of the 19th letting

Lan

comman

ded

Lords

Com

GENT

the

ཡིད་ན་

In May 1st.

24 Ceylon.

Сорер

чело

Adminats tasquaint

for the information of Mibe Secretary Labouchure that

a Bill for £16. 13.4. Karbear made out to Mr. Sterling (late Attorney several at (Hongkong) in repayment

othe

هنة

hoverpaid by

14.

bin to the Peninsular and Oriental SteamPacket Comps. for his passage from Kenn

Southamptote. The Bill is with the trecountant several of the Navy.

Xan

Thence to

се

جمل

Jour, most obedient Serd.

Colonial Office

Five Therm.

ستده

Fore

Office

18. Merimle

Represent Mr

of Ceylon for

Sterling

Mr S.

Draft

ч лесу,

M 3

then the Governa

Entered

Ading 3861. Harry Hon Adny...

f. Henry Ward.

G. r. May /sb.

ZINUTE M. Jadis VREILOE

Merivale

1703

1856! MAY

Shinseit for you.

Entrech of.

JENT

MRJ. Ball

SocLabouchere

w.tw

C.C.19 Reauch 30 April.

3861 #thong

anformation

letter which Scaused to

be adduped to the Brand of Acem with celabve to the Cost of Mer Sistings Jeforge from Hongthong to tt.

Coventry in April 185.

ther with a

logether

lossy of

the user which has leve

received from that defch_

Jon

will Cornmuniti

to le

this cones pondence t

Shiling

дух

may

in order that be

take the helpers.

new

Hifit for secovering the Sam of £ 16. 13.4 ous paid by

ove

Fore

Office

him and which is now s in the hands of the Accountant

General of the havy.

دیم

Admy 2630

403 là trọng trong

MAY 24

18,

Smigration

Aduciralty Mary 22 d. 1856

be acknowledging the receipt of you letter of oth lust, covering a report from the Rungration forumisiones on the greetin as to the proper mode of luforcing

Copy to Goor 5

olar 231

besig to F1.6.12 Daly 15€ £ FT. (mide F.B.

Copy to Land

July

Marely it f

5082]

हुन्

pending

1833

зна

are

the provisions ofthe Clunese Pafender Act 1955. Jamfommanded plushords

Я Cammisioners of the Admiralty to acquaint Zm that they glad to obreme, that in the main, itd Leactory Labouchure Cancers with them in opinion as to the orders which sharld be given to Offens formmanding Haleejecting Ships for their guidance in carrying berman devrisale. In Colonial fie

ли

out

ENT

Fore

Office

نہ رہا

out the intenteres ofthe fegislature.

نه

British

With reference to the two points which remain undecided: - vry: the propriety of Their Ladships ihmind instructions to Officers visiting Papenfor Shift on the High seas, in ader to reforce the penalty of forfaitine where his migration Papers whatever. are found arboard, and where the Pafengers sppear to be differing pan ill wage, or neglect, and for the Commanders of Heleships, compliance with the requisition of a Consul, or Revenue Ofrecer, to furnish a crew to

wish a crew to convey to the wearest admiralty Court any vefel leize I for infractions of the provisions After Statute, Myfords our prepared to adopt the Counse Suggested by Whecretary Labouchure

Destructions

Instructions will consequently be given to

لمين

Offices Commanding Acteslifed to seve Chinese Pakanyler Surfs, being British Vepuls, on the Hisk Sead, if no humid antion papers be found abound, and if the Papensers appear to be suffering fan ill usage or neglect.

In cases where officers ofthe Navy are called upa, by Sunioration officers, Officers of the fudland, or British Consular drews, to give their apistance in Conveying to the nearest Admnalty Court, ships which have been seized by the last mentioned Afficers in the ExRcutim ofther duty, myfords will direct, that, repen a written requisition to that effect liqued by the officer who has leized. the Vepel. the Commanders of ther hejectyy Ships shall,

Majesty

GENT

Fore

Offic

يضا

the Surgencies of the service adunts of it furnish a sufficient crew to navigate

the Vepel to the nearest Pat where à Vice Adminally Count is established. deplads desire to paint act, that, althoy! the act of the offer complying with the requisition lee merely ministerial, would me hable in costs and damages Equally cutte the Devzor, Should the detection of the vell be susiduel unwarrantable

It minst thefue be distimetty understood, that the expenses incident to the service and all damages aus Resal chayes incurred the rumander in performing it, he defrayed by that bepartment often beijecty Jovemment which Employs the Officer makiced the requisition.

୪

decovest, in

Seyfeds would further suggest, Лин lads

Case

any

bill to amend the act be

breafter subunitted to Parliament, that Exclusive Jurisdiction be given to the Admmalty fourts to determe all question in the Execution of it, in the bue

arising

granner as in cases

дали

سال

of Proje

You diedient Servant

AGENT

Foreig

Office

Shish

~ Buk

тур

This affect

Contenders for

May? If

-y

chafty

10/

meet all

letter from

it will be lang

وليه سيد

you will but,

4.27. Fl 26 Ma

lage parageft, yo

& suppost

May

the Sus

this office

汐

Air Laboucher Ih is very vatisfactory

Expany

two answer seen is ne but the Eines" ("rought to

ohnny for the information & The Think sire ). Bowny cright

have a

to be infrance

Wow my W. h. June

Fore

Office:

и да разом

ہے

で

Entered

Sothern Bonning

SITE 4

Jodi's

# A B A U

for Blackwood

I think that the

"Tx. 70

1956 UNI

Egg (m should all be inform

Answ 10 Sefit of fr

9975

7.6. 20. Lit

Adnuiet, 20 Mauh C.C. 9 May

atty Annually 28 leas

it 22

به

4654 Harry Hary.

V 5th July 1/56

leith reference to my

Eff. despalities of the 8t of

This cleft was returned

to the &.ph today

December and the 22 of

January hob Stian mil for your information the Accompanying copies of

a Covce pondence

between

this Department and the

Board of Admuratty,

оче

the subpeel of the instructing,

to be given to Commanders of 4. Mis: Sifuls of ben

for enforcing the Grovisions with 5002 (letter fmütter of the Chinese Pifanyes

F.O

MJ 5 July.

back of last befron. Shere

Fore

Office

AGENT.

Xx F. 6. 12 Luty 156 L. F

F1.6.50€

•

550y trong động

RECEIVED

JUNE25

1856

Passengers Act

237 June 1856

With refreme to former

де

correspondence; dans com

by my Lord Commissioners of the Adunatly to transmit to you, for

the information of W. Secretary Labouchure, copies of the bestruction Lord have given to the

which

Namarica Come

+ W. Medies }

Brazils Pacific

dns in Chiers of Her Majestys

Shapes and lapels

in the I

in the Station's navi

Margin, relatior to the

by Na

Naval Officers

to be taken

carry one certain

cirtance of the

Steps

the provisions

The list 187 19 Vict. Cap 104, untitled and

the Reg

act for the

& for

Regulation of Chinese

Passenger Ships.

Jane, vin,

You

A. Meri

rivule

428 Monial offrie

Levant

cost die dannt Sawant.

most

Aus Phine

GENT

Fore

Office

Šiai. Per

M. Meet

2. Ball

ہو جانا

جو

SIR,

ADMIRALTY,

12th June, 1856.

I AM commanded by my Lords Commis sioners of the Admiralty, to transmit to you twenty copies of the Act 18 & 19 Vict., cap. 104, entitled, "An Act for the Regulation of Chinese Passenger Ships."

The object of this Statute is to prevent, so far as relates to British ships, or ships sailing from British territory, the recurrence of the grave abuses which have hitherto existed in the Chinese Passenger Trade. To effect this object, the Act requires the Masters of all such ships, (termed in the Act "Chinese Passenger Ships") to obtain, before sailing, the certificate of an Emigration Officer that they have complied with certain Regulations annexed to the Act, and subjects the vessels so employed to exami nation by the Commanders of any of Her Majesty's ships, or by any Emigration Officer, Customs Officer, or British Consul; and further renders the vessel liable to forfeiture when not furnished with Emigration Papers, and the Master to penalties, where the regulations of the Act have not been complied with.

You will observe that under the Act there are four cases in which the intervention of a Naval Officer is contemplated, viz. :

1st. That of a Chinese Passenger Ship, whe-

ther British or Foreign, within British dominion. 2ndly. That of a Chinese Passenger Ship, being British, in a Foreign Port.

3rdly. That of a Chinese Passenger Ship, being British, met with on the high seas.

4thly. That of a Chinese Passenger Ship, whether British or Foreign, handed over by a British Consul, or other authorized Officer, to be taken for condemnation to a port where there

is a Court having Admiralty jurisdiction.

As regards the 1st case: My Lords are of opinion that the duty of examining such ship, and of enforcing, when necessary, the provisions

For

Offic

hu 5587

گا کر

of the Act by the seizure of the ship, or other- wise, should be committed to the Emigration Officers, or Officers of Customs exclusively, and that Naval Officers should not interfere.

In the 2nd case: My Lords are also of opinion that the search of a Chinese Passenger Ship, being British, in a Foreign Port, should be left to the Consular Officer there, and that Naval Officers should not interfere.

As respects the 3rd case; viz. That of a Chinese Passenger, Ship, being British, met with on the high seas; the Officers in command of Her Majesty's ships are to deal with such vessels as follows:

Where no Emigration Papers whatever are produced, and where it also appears that the Passengers are suffering from ill-usage or neglect, the Officer in command of Her Ma- jesty's Ship is, under the 8th clause of the Act, to seize the vessel, and to send her for condem- nation to the nearest port where there is a Vice-Admiralty Court; taking care in every instance to send the most ample proofs in his power, by declaration and otherwise, to substan- tiate the facts of the case; and taking all such further steps to ensure her condemnation and forfeiture, as if the vessel had been captured in War, or had been engaged in the Slave Trade.

It is to be understood, however, than an Officer thus seizing a vessel is not authorized to put the Master or crew under arrest, or to detain him or any of them against their will; though it would be desirable in each case, to obtain, if possible, the attendance before the Admiralty Court of the Master and of some portion of the crew.

Where, however, although there are no Emi- gration Papers on board, it does not

appear that

the Passengers are suffering from ill-usage or neglect, or where the Emigration Papers produced appear to have been forged, or frau- dulently altered, or that the regulations pre- scribed by the Act for the comfort and con- venience of the Passengers have been con- travened, the Officer in command of Her Majesty's Ship is not to take any step for

the seizure of the ship; but is, in accordance

with the 15th section of the Act, to make a full statement of the facts in a declaration, which should state the nature of the offence sought to

be proved. As this document may be used as evidence in legal proceedings of a very penal character, it must be framed with great caution and particularity, and the circumstances of the case be stated as simply and with as much pre- cision as possible: a duplicate of the declaration

is to be sent officially to the Governor of Hong- Kong, and another duplicate to the Secretary of State for the Colonial Department.

In reference to the 4th point: If an Officer

in command of one of Her Majesty's Ships shall receive a requisition, in writing, signed by an Emigration Officer, Officer of Customs, or British Consular Agent, to give his assistance

in navigating to the nearest port where there is an Admiralty Court a vessel which shall have been seized by any of the said Officers, such Naval Officer is to furnish, provided the exi- gencies of the Service will admit of it, a sufficient crew for the above purpose. As this proceeding, however, is purely ministerial on the part of the Naval Officer, Her Majesty's Government will indemnify him for any expenses. incident to this service, and for any damages

may incur.

and legal charges which he

My Lords desire that you will, upon the receipt of this despatch, give the necessary instructions to the Officers in command of Her Majesty's Ships and Vessels under your orders, and desire them to act in conformity with the views herein expressed, so far as the exigencies of the Service, and the nature of the duty upon which they are employed, will permit.

You will further instruct them to transmit to you, for the

purpose of being forwarded to this office, a report of any proceedings which they may adopt consequent hereon, and copies of all declarations which they may make.

I am,

&c.

THOS. PHINN.

GENT

Foreig Office

נייר

یکھ

ぶ

Danfoy dapts with God 20 trust Inky/36. t. 77.

Mes

Rienacker, Cleverly Monayne

written to 21 Jenlyste. Governor instructed 21 Lee letter tÏJ

Anour in parts

b186 Hong Kong

mell Senically

Ceylon

JULY 12

1856

11 July. 1006

ناک

были

The sum of Three hundred

and

twenty seven pounds

having luen faid by this Department for the

passage of

the persons:

named on

hereof

the otherside.

هند

Lands Commisarucis

всем

the kannalty & request

Commanded,

by any

that yo

will

Secretary

La bouchere

cause repayment of

amont & be made. If the

Naval Semicer

Credit of

through H. Mr. Dayuarter Encl

who has been wistended.

receive the amount

Menvale Eye

Colonial office,

پر

bed-sewart

Yum most obedi sewante

نے

Aus The

AGENT

Fore

Offe

•

Madras & Calen tha Calenta

+ Colmel w Canne

L: Gorr Hong Kong

Servant of ditto

Calcutta to Hong Kong

£t. Come to Cain

2 31. Act

6 to

3. 13

13.4

14.

45 Bre

Servant of Br

くだ

Ang Long & Shaughnes

Mr GW Came

gree

King Kong

31 bet & yli 13.0

& Alexandria

In D. Rienacken Colonial,

Freaming. Gong Kong

Hong Kong & Malta

In Cleverly. Surveyor

15Jebe 4 to 27

Ceylan & Martrelles

ав

sy.

ཙན.་༽9° .

$198 Euarchod

In Romayne. (Collector of

Custnus. I ont de Galle)

I march & to march 5.6

$ 327.0 $327.

rst find

ENT

Fore

Office

some correspondence - a-

A n

}

may

се

Lect

ley

this application – and ine have no occasion

superfluous

here for ummmpany correspondence.

14 poly

The Admiralty have then some dication to the circular in question, &

a sertlernan from but office wash call

here hot Lan hit from 10

hapers.

I have the

Annex to

write to the facher

Win pr.14

M. Meninte

write to the respective persons laiming

Maut last

Acce

Samically a proposed Arcates

the.

sulyard of Contrant propages.

No aus.

Fec

ə here

has yet been.

the

toy boy

Paragraph of theat

Cerialar

allowed to

Haud it

Entered

6186 Hiny. N

R. Runichen Eye

quicilar letter to den

Cleresty for the Graymund of £93.0.0. and

love

2.1th Julyfot

The love of £87.0.0.

heving been Gracil by

the

Luds Commisss : of the

to Mer Ronayire for £ 70... Annuietty

MINUTE

IJR Ladis

MBELLOL

M®Merivale

M2J.Bail

1856 JULY

M.SecLalondere WP

Im leteve.

་-

ora.

aument

Abs. of you Jupage from Heup to Mexandra

kong

Sam directed by Mer Sanitary Salmebere to

and by will

beleverly windy requech thick you

save

ruft

Jury

repay

the amouch to

have

the Credih of haral. Services through H. Vis: Paymester Genel attes

has been mishueled to

leive it.

San

JB.

AGENT

Fort

Office

Ent

1. When Benning

INUTE

11856 JULY

VREWIN

Merivale 17 HEJ. Ball

Lubeuchere

267

Jadres to Calcutta-

Adung 6186 Hong Herg

Baylor

lev

21 Jeety/56

The Lads Cermisos :

of the Adminetty beving

Graid the Sieve of

0.0. on account

£770.

of Gossages afforded to to Estonel Cine of the Jenies spierfist in

the margin you

well

Telot. Caine of £100 coll de fon til Officer

6 hev.

Semant do...

Calcutta to H. Kenx

Cel. Cacine. 27.

£11.0.0.

3.43-4 to 4 peny

hen

15&eer

Sevant. alv.

H. Many to thanghal

den. G. W. Paine 31 bett

Yeov

that

the aworuch be

hay the awer

८

The Credit of Naval

homies through H. Suit: Paymester General

12.6.8 this Corestry who has

113

£77.0

han mishuctest to

rive it.

there

100 100

AGENT

For

Offic

Liz 5046

605724

Dft with Gov. 5046.

Desh & for. 11 Aug /sb.95.

bongbetong thong

RECEIVED

JULY 25

1856

Admiralty

24th July 1855.

In reply to your letter ofther

qqnd pistant, and its encloures, dam

Commanded

by my

Inds

Commissioner ofther Adewitty to

for the information

acquaint you

of for Secretary Labouchere, that

Mr.

in Mr

Frids entirely concur Fabouchere's proposed reply to the

Governor of Hong Kong

relative to the

violation ofthe Chinese Passengers Act

two Vessels sailing under

of the Sandwich Mands.

the Flag

Off

GENT

danter.

Journot obedient

Corian Merivale G

Colonial

B Phim

Mr. Mermale.

Forecard the peopored despatch.

25 feely,

Bm fr 25

Now Blackwood

She desperti y

be copied

Jay

из

Department of The Comptroller for

Vietwelling and Transport Services.

Nibiete 6287/56

будо

6190 trong trong

RECEIVED

JUIY31

1856

Admiralty, 30th July 1856.

ли

Niblete infor

pany

Sir,

in answer to your

V2beg to acquaint you

Letter of the 25th dustant

that passage to Hong Kong

for Mr Loseph Nibsstt. his wife and tw

young childrru

has been ordered on board the Contract Mail Steam Packet,

which will leave Southampton

on the 4th deptember,

and that you shall receive a

a further

Communication respecting the payment

for their passages.

Merivale Egre

26 shave the honor to be,

Sir

Your abedient Servants

Voluntson

Comparable for Toursport Formicam

Foreign Office

Colonial Office

[

GENT.

୪

31 July B

Reforme de kestilt.

Armend a letter for

Mm 14 31

signation

}

Exta

Niblote 6287 Ading 6790

Mr. Dosepto Niblate-

1 Any/55

Sie

With

ере

referense

SNUTE

1856 AUGT

Ad Elliot

Mirale i

432 Alwrshere 2 W.i6.

Jair

созу

Two Merival's Sig"

my better of the

25th Jetteino I.

directext

Mr. See

Sulencecture to inform

wettin

for

yours

Beat the Sordi's

ligh

во

Trave

Connniser of the

Admiralty Inove ondered passages to Haryhary for yourete,

yours Wife and two

young

lebeiteren

board the Mail

Secree Iacket entrich

Hea

will leave Shuttiompton

0-212

the 11th Septanter.

رت

AGENT

Fore

Offic

}

Davies 6363

August/56.

informed

PROM

AGENT.

đang

1111 Hong For Adunatty

8t injust 1856.

RECEIVED

AUG11

1856

with refercie.

to your retten of

the

3/tt hating; Jam commounted

میرا

by Londs Commissioners of the laminaty

to acquaint you for the information

of bit Secretary Labmcher that Papages to Hong Kong have been. provided in the contract hairl Packet which will have

on the 4. Lett. hext

Southampton on

for M. 4. J. Davies, Chief hafistrale

of that Colony, and his life. Lann, Lin,

Immuunst obedient

humble Sewant.

Amhar

Hörman Resivale Esq

Colonial Office.

KT.

aepeain

W. (Davies.

ليه

Anmode

Am Aug1 ||

Letter

...

کر

ее

ре

Adung 17111 Hb Kong

J Fuder Danies Esq.

INUTE ' * * #Elliot

Merivate

W?J. Ball

Labouchere

hopy

11856

AUG?

13 av.

пло

کی

ancom and for Mr. Merivale's Sigre

lijmer Hin

Sim

14 mg/56

With reference

いつ

letter

of Mis

16th Atticino I am

directed by Mr. Seey

Labsichere to inform

you грам

Pass

that he

for yourself &

to Mary Marya

trouve

been provided in

the Contract Mail

Packet which will

leave Southampton

on the

跌

Sefiti

AGENT.

}

Fore

Office

Jam

بہت

-7

боло

Department of

The Cocarpitiabler for Viclue Ming and Transport Services.

Kon

Ngay trong động

RECEIVER

SER 2 1856

nswered.

ht 186.

Siv,

Admiralty,

14 September 1856.

We bey to acquaint you

in answer to your Letter of the 29th Eltimo,

that passage to Hong Kong.

for

Mr. James John Hickson, appointed to the Office of Crown Solicitor at that place in

has been ordered on board the Contract Mail Steam Bachet,

which will have Southampton on the 4th of October The

expense of which Mr. Nickson will be required to pay at the Contract Rate -

We have the honor to be,

Herman Merivale Esp.

Sir

Your obedient Servant

1 Draw

M Minis

Consulentler for Tomoraport Serviced

人

1713

ENT.

Fore

Office

ሲ .

which the

Mr. Meit

the Got pay this propose & Acent has been duly apprised, "I inistratio

Recordingly.

به

2 Sep.

Ket me Reu

cistruation to t

Одесь

านี

2 борл

Annexed dit

Ei Blackwor Acquant the

that

Aduciralty ttie Colaial

Fore

Offic

Agent has been instructed to

being

pay this apprised of the Cost

passage

the Cost there.

2 D

3 бере

thereof.

AGENT

58į

1500 10-62

Entered

Admy 7907

The Sceritory to the uniratty

Adu

INUTE

1856 SEPR

Also.

Elliot Merivale

J. Ball

Launchere

жиле

Izpir

冻

Six

Ley I

5. Sent 156

I am directed.

Mr. See Labometiere

state that a Letter

to the Dinondon has been reed for the donder of Gransport" botto

y Chainen Trausport Bound f the Dustaul contemnation

natifying

Dastant

Meet

passay to Dary

kad teeen

Kony ordered for

Любите

John Hickson and

that he would tee

required

хорошу пр

for

the

sarve at

the contract rete

Mr Labor...

GENT

도

Directs

that

thrat

you

e to request.

مدردو

will

state to the Lords

8394. Hong ong

RECEIVED

SEP12 1856

Idmiralty Leptember 11 - Wor

م تا

ваши

އކށ

Admiralty

the

that

as the expense of

teet

the passago grante

to Swe Haickson

Er...,.

with, be paid out

of boterie funds

the botarial

Agauti

General has been

instructed to pay

орого

the

being apprised of

the cast there of.

I aud

77.2.

стил

In reply to your letter of the 5th Sustant relative to the east of the papags dy = James John Hickson to Hong Kong at

Hour In Contract rate: anformmanded by beelads fommisioners of the Admiralty to acquaint you for the information of the Secretary Labouchers, that it is usual in these cases, first, to allow payment toke made out of Naval Funds, and them to reclaim the amount fruer the Department which requested that ther papag might be ordered, this course it is Induosed to follen in the present instance, and the amants will be reclaimed

redt Ellist. Er Colommal offrie

Office

reclaimed from the dormal department.

Mr. Ellist

Pad by

Circumlocution

12.

Effec

Lefer

السهل

رسنال

Your diedient Servanty

Rime

Gove instructed

Draft

with

11622 Hory Kory

RECEIVED

BEC31 1856

Passengers Act

Ademilly, 29 kere 1856.

بینی

"Having laid beforich

tords barnisseries ofthe Adecclly pus letter ofthe

سے

24th Eustock, with its instorms,

relative to tt evorcin in

cestovn cover of the operatio

blene.

the Chinese Experger's art,

GENT.

and slating

at preset,

Fore

Office

bissel could not be

suged in the high der für

седа

Simon Mervile zu

~ find scall

the were absence of regeter

defers, unless it starved

s that the posespers

we suffering from replect

ill us

sage,

the que

lear

and whither

Rad been rais

the authority give to the Coamorders of Her Regietzs bessels supth nch to be

Extended

Jam

aequacityne, for the information of the Suntory

Letructure, that the instruction

Lebone

detend the 12 Juse look, jion

1. the offens

given

word

fter Majis postepe

detenvied

consideration

си

after full

den with t

lea

bedinice Office, &

Fords see

вес само

ground

think tht the reasons

حمر

which that determination

a-2_e__

decisive now

they

afferred

ENT

Fore

Office

at the time

ᅡ

Jurmort Ardient

фороо

இ

Nor list.

عليكم

WI M. Deen

iralty

were

to state

dufficient reason to

whether they

See Si

Alter and lateral tien instructions

to Captains of Ships of war an

ttie O

They

Passengers As

Answer that they

do not. I think that

it will only remains

to caurtenicate

this desise

to Sir

in John Rooring, when the Foreign

ffice answer on the Draft-Communicated to that departiment for their concurrence.

I have made

7.ff 31 Dee.

slight alteration

in the draft despatch to hi J. Bowing to announce

decision.

this

ENT.

I may observe that the Opinion of the Low officers of 11

(Par 3) was not

Дес

Dei (Par 3)

was not comive

cates

to the Admiralty in our letter 24tDr_ Du not now revert

to the subject but I think that

if the point

ん

were to be raised

Еве

again it to be well to commuince

that opinion

거

M7 Jan 7.

Fore

Office

Colonies Agent

AGENT.

Fore

Office

AGENT.

---

338 HongKong

Gpo 6376/55

Got informed ho &=

RECEIVED

JAN. 12

1856

Sir,

N2 5, Cannon Pow

196

185

I have the honor to acquaint you

for the information of The Poight Honorable the

Secretary of State, that the

Fric Engine

Engines

supplied for the service of the Government of.

BongKong

Instructions conveyed to

16. Jaly

lack

pursuant to the

me in

your

Letter of the

last were forwarded to the Colony,

by the "Javis & Scabella on the 20. Ultima

Merivals, Buy

&c. &c.

Esq.,

&c.

I have the honor to be,

Your

Sir

most obedient

Humble Servant,

Eu Marmont.

RB.

For

Offic

M.B.

B. The de

There

delay in supplying

has arisen in conce

Engines has arisen

of the great demand of the Contractor

Her Majesty Govemment_

Sefore. the Grir? Beeft.

14 Jan.

Am Jan 14

for. 2176/58 836

68/

Go. enformed 52.

2. Jury /56.

Draft with for 2176.

3624 trong động.

ILFEEIVED

APR2+

1856

Cammuntion,

15th April 1856.

have the Honor

to acknowledge the receipt of your letter of 20. Ulterio

bequesting me

the

to ascertain

cost of paveins

Act.

of Parliament conferring W. L. d'Almada of Sting

hong the rights of

Subject:

Aequant

and i

you for

British

reply, ере The

sinformation of Mr. Secretary

La bouchere, that I have

had great difficulty ascertaining what the probable expence of obtaining

Act of Parliament would be, and after havins failed to

4. Menvale En

de...

Fe...

get any information

تھھ

from.

from the Private Bill office of the House of Comment

application to a

Siid

Solicitor that if the Bill

was not opposed

might

act

be procured for the

Arun of £500.-

have been informed

at the Home Department that Certificates of Ratinalization granted under the Statute 7785 Vict: c:66 rutitted an

are

tiel

amend the Laws

relating to Aliens

and that

the expence of such a fertificate

is only 1.

and Itransmit

pere with a Printed Form

which states the conne

hreeexа

to obtam a fortifionte-

of Naturalization.___

Mave the Honor to be

Sui

Your most obedient Sourant

Eid Parnant,

The memorial & cntificats under Jad. V. c.bb apply only to aliens who

intend to reside in preat Ditain or

reland

h3624

원

HOME OFFICE, WHITEHALL,

August 1st, 1847.

Venfore

are not availuth here.

Ni tal-mash may either & content with nahualization in Hong Kong

Bong Kong - Weich

Liemne Lavily necessary, after the jeneral

Cat sodname Cately passed there

Fevour of aliens - or

Le mus! Lay £ 500 for an Act of Parl! to mock meet his cheval case. Any farther steps

Le chores take with privats attrice.

Iefore you

Mr. D'lmasa

Castro says

his Letter of the 7

8363) that the Act 7 and 8 V.C.66

does not replaced to the Colonies. D

2176, he distinctly says

he must

have

Brn Apl 24

No 25 au

26:

ular

REGULATIONS by the SECRETARY of STATE with reference to CERTIFICATES

of NATURALIZATION, in pursuance of Statute 7 & 8 Vict., c. 66, entitled "An Act to amend the Laws relating to Aliens."

I. Upon an application to the Secretary of State for the grant of a Certificate of Naturalization, it will be necessary that the Applicant should present to one of Her Majesty's Principal Secretaries of State a Memorial, praying for such grant, stating :-

Of what Friendly State is he a subject?

His Age, Profession, Trade, or other Occupation?

Whether he is Married, and has any Children?

Whether he has any settled place of Residence, and where situated,

and how long he has resided within the Kingdom?

Whether he intends to continue to reside permanently within the United

Kingdom?

On what grounds he seeks to obtain the Right and Capacities of a

Natural-born British Subject?

II. That the Memorialist should make a Declaration before a Magistrate, or other Person authorized to take such Declaration, verifying the statements in his Memorial ?

III. That a Declaration should be made and signed by Four Householders at least, who should state their places of Residence, vouching for the respecta- bility and loyalty of the Memorialist, verifying also the several particulars stated in the Memorial; and that this Declaration should be made in due form, either together or separately, before a Magistrate, or other Person authorized by law to receive such Declaration in pursuance of the Act passed in the 5th & 6th years of his late Majesty King William IV.

The Householders must be British born Subjects; and neither of them the

Agent or Solicitor of the Memorialist.

200 8 | 56-H & 8

4177

Mr. Merivale

Foreg Offe

Enja

Gov 5044

b851 Hong Kong

RECEIVED

JULY 31 1856

Sir,

N=5, Cannon Poow,

ارد

31 July 1956.

I have the honor to acquaint you

for the information of The Poight Honorable the

Secretary of State, that the

Fron Safe

supplied for the service of the Government of

Hongkong

pursuant to the

Instructions conveyed to me in

your

Letter of the

Goor inform

18 Altine was forwarded to the Colony,

by the "City of factiate on the 20 deut

I have the honor to be,

Sir,

Your most obedient

Humble Servant,

Endlamand

4. Merivale, &q..

&c.

Esq.,

&c.

Offi

;

Informe the Gord=

21 July

Innenst

144 ша

{

Bound of hade

Fore

Office

ᅡ

Beard

Prade

بینا

2791 trong trong

LIVED

MAR26

1856

Office of Committee of

Privy Council for Trade

Whitehall, 25 March 1856.

You 1702/56

11 Daigos 2366.

Gor. informed 14 April 18b-42- Draft with God. 1702 Ansu @ 23 Jar/ 57-

Graft

with

260

hi,

Sam directed by the Lords

the Committee of Privy Council for

Trade to acknowledge the receipt of

your

communication

the 29th

altums, transmitting a copy of a Despatch

from the Governor

relative to the erection

the Soland

сору

đang long

of a Lighthouse

surrounded

the

}

Pratas heal

of Merivale loger

де к

вос

Colonial Office

Prade

—--יוד

ני

point out to Mr.

Lords desire

to request лед

that

you

will point

Santay

Labouchere that

Sland is not

Colonial Possessions

difficulties might

Lords undertake

maintain

one

arise

this

this Country,

should

to build and

Lighthouse

another Nation.

the

Consider the

their trade

submit to

Light o

such

importance

to induce theme to

adequate Fell for the

the expense.

purpose of defraying

шу

Lords will not object to superintend

its construction.

to think.

If, as

Sir John Bowring appears

Toll is altogether objectionable

Lords cannot undertake to superintend

the construction, unless other Funds are

Territories

But at the

same time, of

T27. provided for

purpose.

I have the honor to be

Consent

the Chinese Govenment

Office

Cau

be obtained, and

the

Merchants trading with Hong Kong

Consider

ви

Your obedient davant

Imena Temet

یکه

Prade

Mr Merinde

uite au to the Governe

Anness

26/3.

itm mh 26

855.

4063 trong tang

RECEIVETS

MAY

1856

Joffice of Committee of

Privy Council for Trade Whitehall 5th May 1856.

sustructed 12:

·89-98% hong.

Ift with for . 3243.

Sir,

I am directed by the Lords of

the Committee of Thing Council for Trade to acknowledge the receipt

of you

"Atter of the 28th ultime

transmitting, by direction of

Mr. Srcuitary Labonchere, for

the consideration ofttre Lords

this Commonitter, copy of a despatel

Herman Menvale Espe

по

from

oreg

Officherewith

retume

from the Governor of Hongkong

inclosing

an ordinance (No. 2 of 1856) to amend the Law,

Celativis to Bills of Lading. "

reply. Iam to acquaint

zon, for the information of

Mr Bvcretary Labouchere, that My Lords see no reason to dject to this ordinance-

I have the honor to be

Sii. Zom Bedient Servant

James Both

Offe

મી

Confirm

the Ordiname

M. Merimie

سلام

диаме

LULUM

M.J.M.

26 و بهنگا

Gov. informed.

15 June /sb. No. 65

Deft with Gov. 59.26.

5618

4800 trong dong

RECEIVE

MAY 31 1856

пр

Office & Committee of

Privy Council for Trade Whitehall 30th May 1856

I am directed by the Lands of the

Committee of Ring Council for Trade to acknowledge the

the receipt of your letter of

the 14th mistant regnetting that a further allotment of One hundred numbers

for the

Registration of Vessels

might

be made to the Pat of Victoria and to hamamt to you for the information of M Secretary Labouchere the enclosed Copy of a letter which

Lords have

received from the Commessimers of Customs

the subject.

упат

ге

J. Fr. Elliot Expre

X-

Colonial Office

I have the honor to bes

发

Your Hedient Servant

James Dorth

Mffice

Resson. The Governor. Draft annexed.

(Copy)

Sir,

1465

Custom House.

26th May 1856.

Nos 41.171

to.

41.270

With reference to your

Letter

of the 15th

instant transmitting the accompanying

Letter and it's enclosure, from the Colonial Office, relative to the supply of a further allotment of 100 Official Numbers for the registry of Vessels at the Port of Victoria, Hong Kong, under the Merchant Shipping Act

of 1854.

که

am. directed by the Board to

acquaint you for the information of the Lords of the Committee of Privy Council for Trade that the Chief Registar of shipping has allotted 100 additional Official Numbers

for the use of the Port of Victoria, Hong Kong, as requested, of which the Registar of British Ships in that Colony has been apprized

I am Fo

7. It Harrer Esq

fa fa fe

(Signed). F. G. Gardner.

" חדי

for instructed 27 Aug /ob. 102.

Aft sooth Gro. 703!

ان بینی بری

"Printed or Part!" by For" "Office

By Command. I Feb. 1857

1358

hereurth returned

ין

Sir

1949 đông đông

RECEIVED

AUC21

1856

7549.

Office of Committer of

Privy Council for Trade Whitehall 20th August 1856

Iam directed by the Lords

of the Committers of Drivy Council for Trade to acknowledge the receipt

of your letter

The 9th instant

· of the transmitting by direction of Mr. Secretary

Labouchere, for the consideration

.of...

my Lords, the copy of a Despatch from the Governor of Hong Hong- with an Ordinance No 9 of 1856 entitled "An Ordinance to explain

certain Enactments, relating to shipping

- and in reply I am to state to you^ •

H. Merivale Esqre-

Ye.

このまま

for

Fore

Offa

for. Mr1⁄2 Labouchere's information

of opinion

that aMy Lords are of

Mat

the Ordinance may properly

be submitted to. Her Majesty for

confirmation..

Mr Merinle

26 Aust

Ermendrall confirming

I have the honor to be

Sir

Your obedient Servant

J Z Famer

そ

Кате

Govs 92103

ye se

bespite Goos a I Deo 156 N° 189 Lift with Gov. 9213.

оче

ら

10737

Sir,

10836 Hong dong

Office of Committee of Privy Council for Trade, the November 1856.

LEY

1856

elli

29!

I am directed by the Lords of the Committee

to to

of Dining Council for Tende in. Sicknowledge the receipt

letter, dated October, unlesing

of your

copy of a Deepatch from

the Governor

of Hong Kong, relative to the establishment

Sailors Home in

that Colony."

and requesting my

шу

Lads to furnish

the Juntary &

for the Colonies

have

with

any

to offer

obssivations they may

the subject

Sam directed to forward to

you, for M. Santary Labunkerer the inclosed copies of information, the inclosed Aules &r of

....

I. Z. Elliot bug

Some

Colonial Office

}

gris of th

the principal

Sailors

Sailors Bones in the Mites Kingdon,

from

the Ordinance

which

Leide hope

useful

hope will be found establishing the Institution

the purposes

to which this

the shipment of

hole, of

Sailors under

1052;

Le mentions

revenue

has

всем

Upon

- question at Hong Kong.

tepen these Rules

Lords have

which entertained concerning

been applied; be alludes to the double

Le states, the Board of Trade

propriety of

only

to observe that it

appears

then désirable with

veis to the

success of the Institution, that the

liberty of the Sumates should not

be restrited, further than is

to maintains comfort

hm.

snentioning

which the proposed порой

aud

order

necessary

the sources fromr

Institution

is to

be supplied with funds, hie John

ito application

Any purposes lacept

Harbour Police;

that of maintaining

be shows that there is now

very large umplus; and in slates that to him that a portion

appear

}

at least

from

the

the shipment of

the Revennes derived

Lamen under

the Ordinance night with propriety

and us

Bowring refers

to the revenue derived

· from

for

usefulness

then security

be devoted to a Home

and comfort.

The

oreg

Offic

Loids

The first observation which my

this point is that

have to make upon

their objection to the ouguial Adinance,

as will be seen

reference

the letter four this Board to the

Colonial Office

27th thrauch 1983, 376875

Uk 29

was that the Fees ought to be

lied

applied

to no purpose exupt

the

maintenance, not of the Harbour

Police but

the Establishment required

for the purposes of the Ordinance; and

that they night to be reduced to

luch

Amount as

hi be

might

necesary for that pempore.

In Sie Aage Bonham's

3761/53

lade observations, contained

in his Despatch, M: 51, ช

کا

the

303257/3 5th July 1853, it was

July 1853, it was stated that should the amount

lune

than was

Fees prove

required for

the

purposes of

the Ordinance, they

future

After this the Ordinance

could be reduced at some

period.

revived Her Majesty's

i question received

Confirmation

It now appears that the Revenue dewives from the fees in question.

much larger than was

layer

expected.

the purposes for which it was

and

originally

very

тил

much

Reussary for

}

siginally levied, and it is proposed to apply the suplus to a chantable object quite foreign to those purposes.

then

It appears

Are lu

Lade that

principle very string

Money raised

Objections to applying money

by Taxation to purposes of Charity.

has

very

exquially when that money

ostensibly for

been raised

different purpose. They think that the expereince derived four the practice

of the Trinity House, and other

in this

sunilar Bodies in

Country

strongly confines this objection. They Are aware that a Sailo is Money

Soon

soon speut,

spent, and

too

often spent badly. but they think that it is falee poling to take it from him by force, in under

his wants.

vide the

provide

better for

the cas

да

Moreover in the

Sailors Some the dep proposed

will

very

l view

likely furstrate the object

The great obstacle to there Institutions is

the eucess of

the

difficulty of inducing

Seamen to

prefer

them to the Common Boarding

houses; and it is not probable

What a Sailors Home will be the

lune

popular with hamen if it

kurum

kirown by them to be

Supported

шу

and

hope

Money

by Komy forcibly taken four theme.

Under these circumstances

Lords

Are

clearly of opinion that

to part of the Fees levied under

the Ordinance

referred

to ought

to be applied to the purposes:

of a Sailers Homes; and that

theme fees ought

at once

be reduced to the amount

requisite for the special purposes

contemplated by the Ordinance.

thy

Lords would

sorry

to the

obstacle in the

any

way of an

object

so desirable

as the establishment.

of a

f a good Sailses

they

Home at Hong Kong

but

think

that this object may be accomplished

wathand

principles

true

any infraction of tie financial

It have the hown to be

Your obedient Sawant, Y HL Farrer.

▼

Fore Office

.....

L וי .־

Men Menvale .

of this letter with the

Lavomil copy of

crijinal Papers annexed to the Ent_

calling his attention to the Actions

entertained by the Board of Fra

to the approporation of the

surples funds raised

under the Shipping Crelevance of 1852 os

Moped by Lin

J. Bouring

28 Vy

لی

Алтект

ţe ved

Fore

Office

Foreign Of one

し

Forey

Offa

Answered 22 no Cont56.

miralty

8 Feb / 36

app

20 trong đúng

JAN.

1856

Frage offe

January. 7.156

485

with reference to mystetter of the

december and to the previous

29th of

correspondence between the two Offices respecting the histructions. to be given to this thaserty; (onsuls hi certans Guarters for canging out,

as far

Povisnis

bet

as states to them the

the Chinese Passenger

the last session, Jam

drrected by the East of Classiden

to transmit to

5 you.

before Mr. Secretary

therivale byr

to be lavel

Labouchere,

lopy of a desfatit chich

Las been addressed to sie schn

Borsing, wistenting time as to

the course to be pursued his

this matter

by ther Maserty's

Consuls in China.

I am to add

Iam

that Lord

Clarendon concludes that Mr.

Secretary Laboucher will

Lave made

the heupany

Communication to the Board

of Admiralty

as to the

histructions to be given to

Her Majesty's

Raval officers

for

for carrying out the provisionis

this Act.

Jour host obedien. - humble servant,

Attunemand

{

The former Papers

ris Cerculation_

ater Ellest-

this subjectione

will strive that

KY X

the mishitions to the Admecialt

the Foreign Office like for paintest

this Sept.

have been geien by

Glen. W

H. J

Ла

** **

Entered

J. O.

24/0} Hang!

9270

Konf

Hamnard

M. Ellid 19 Jany

M. Menvale - 2!

als Bace

؟؟

2 Jany 1856

ག ེ

to your

With reference

letter of

the 29th of De

No Labr-here. 22

М.

Answered. Feb 718/56.

165-8.

Accompanied by

An opinion of

the Law Officers

of the

the Orown

ира

Certains points in

Oluriese Pafecuper

ttre

Awe of last

Session, and to

your letter of the

17th unstart,

Acampanied

прайс

Accompanied by

a cory of

dustruation

Addressed to Sin

Johns Bearing,

l clie

thie Canse

whon

八

the

be pursued by

Stall's Convuls is

Clunia in executing

that Aot, I am

directed by M. Searchary Labrober

to transmit to

Iya.

you

the enclosed

draft of a letter

(་་

which it is

proposed to de

де

to the Board of

Admiralt

C.v.

Lanz 1956

Admiralty the

dustruations to be

джист

on the same

Rufect to thie Commanders of

ม.

St. Mi's Vessels of war,

And I am to

request that you

will submit the

drafe to the Earl of Clarendon,

inform

and

me whether

les Lordship sees

Any objection to the terms of the

proposed. Commerccation

Jama

ན

H.M.

(Sindrape to Idiesel

zumexxed.)よ

Tuji fpier

270

the secretary to

the Admiralty

дежд to perpar

Las hem good lary 2

the

し

Wich. 19 Jany

An Merical

Sur Lahmchen. LL 18419 Vic

Cap 104.

Amended

letter put to

Gebf56

Admiralty 1653/5689

vide

Laur directed by

Mr. Leery Labouchere to

exh that

Идриска

A c

espace

will

call the attention of the

Lords Coumes of the Adivi-

to the Act paper

- rally

during

the last sepion

In another off offerts for the regulation of theice Papunger Ships

tes

Jerr Trije Wien,

chirt contain m

гада

M. K. uppstion ofthe. Law

alterations made h

Spins the (e)

俩

of which a (opy is enclosed herewith.

The object of this Act

was to prevencty to paral relates to British ships orthip, sailing from British Territory, the ¤ce of the graves aboxer which have

existed in the

here to fore [hnicke Papenger

Grade.

And with this view it

reguvier all secch

ships

(called in the Actthinne Papenger ships) to obtain барици, before sailing the fertifs of an lenigt offiive Eigh

Officer that they have complied with

evitain Regulations annexed to the Actiaced suple to them, if British or within British Jurisdiction, to examin? by the commander offercy of St. M. Ships or hiyang Annig? Officer, fur tous

British pousel- the ship liable

eer or

Effecer

making

any

toforfeiture where not

furnished with Revie papers and subpecting the fronter to penalties весалиёт where the Regulations of the act have not been complied with.. His accepary therefore to consition

the Sustruction Lich

shouto he gainice to

faummanders opht In The ps for the execution of

this Act.

The Act contemplatir

the interaction of

шеле

Officers off to ships-(1) in the ence of arthinese "Papenger ship within 6 Juricdichon

Britials

and (2) in the case of

heee such a ship hingga

British ship martwith

the shift seas. –

first ease tho

See the

this mught he British Forrige, but if Forlige

it would be nece pares to bringher

witheir the

oferation of the Act,

ка

That

the should have saited

from a Portin Stanesteng such a ship found within British puris == -diction would be

equally hable to search

}

asa British ship - but as it would grueralley, happen in the case of

" within Briksh

ships

"purisdiction" that there

would be a

offreer

fuctores

ou the spot to

whome the Act apigns the sauce powers asto

the comme

ammander

fao

of HM ships, it would

he contradd

probably hellor to leave the Customs officer in such

to put the Law

a case

there

infonce. But if Kene

ifarcer

should he

ཀ

offreer

duley of

ace

ссо

loves

Juxte

the spot the

the haval

feer, would

would then be

the same in the case

ofalhinese Supenger shit, whether British

Foreign, within British

Jurisdiction

in thregre

British thrice Papuger

this mat with at lea... But it would of course be reapary

min the

case of a foreign shif within British quris -diction that the officer

should be quite - that she had sailed from

Pupengen, Houstong with Inpeng

before he proended to враче put the Law in forw against her. Eh rithen case when the fammmander

St. Mr. Ships

of one of proceeds to put,

at the Law

in operation it would firm the recepany that the should inspect the ship's renegiation paper, and if the should not he furnished with such papors, so if the papers

produced should hear rondence of ancie 8

or pandu=

beer forget two in wouts

the

leuth

be his duty to drize the ship and send her to the nearest fourt

Court.

hancing to Aducirally,

Jurisdiction for dossing he

し

condemnation. Ju so

The would of course take care to send with the ship the most ample. proofs in his power of

aither the absence -

the

forgery - or the fraudulen allination of the Einige papers as the case

be, and althou

although

might

would not be authorized

Прик

to pect the Master offent under arrest orto compel

them (wn the case of a

(withe ship snized in Port) to proceed in her, itwouts

be his duty to allow

the Minster todoco isher desired it, and airy. desirable to procure the

atter dance opsome of portion of the frew. Where, however, the papers

are in proper force

and sufficirut, it

will their remains to

areostane how far.

the Regulations for

Реда protection of

practi

the

the Exci.

have heen

carried out. It appear

to Mr La bouchere that undve this head. it. would not be necef=

= Sany

or desirable,

milep he should have good grounds for suspecting grand

sure the should enquire.

{

.....

AG]

in to the matters

aught

which

t to be arcertained

by the Emigration officer before the shift

sails such as

the

Munchen that the

this maylegally carry-orherr Lea

- worthines ofproper equipment, or the Contract entered

ев

wito with the Sa pengers- _the principal poucti to which his attention. should be dvicelect would be the sumber.

actually

ace

board

as compared with

the mum here specified

nume

in the clearing

Certificate the proper

ipue of provisions, water, and (where required) Medicines and Fredical Comforts_

the

allowance of the

pillace

mmodation

inspace and neuton

-=lation originally provided for the papengers- and the in rural good breatments. a failure to comply with the Act ou

any

of these points wonte

he a

&nsdruracor

subject

and would su

the Trasten to ce

corresponding penalty.

in such cangs

But as there right

へ

de great difficulty & prodening the to the

trihueper

nefac=

tion of the Law in the found before which

the offender might be brought, it is pro- siided, in Lechon 15-

that the declaration

сска

of a Briksh Cocent or the Commander of one of St. M. Ships shall be derived in

Evidence, if, when produced in

in the

sa it

buited kingdom

hasbeen transmitted

officially to a secrdurg offlate, or where produced in a Colony to the Doo- of that

felony.

Su the

еске

& the

of Offencers against

present Ach wohodes

рис

of prounding with be open to the Concriedat Forst- Against the Surtie, in the Bond

Bondgmen

the mosten hunself. At Haval offieins have no power to detaine any Master of a ship who has made himself thus amenable to punishment thway

Dishon

often happene that he will manage to leave the ship and rither

Ken Eumans aut of Mapeships Homcicion on avoid detection within them hi which case he might creape with impunity. But

*. - 1.

lu such a

сака

the

Bond mangle puhui fuck against his suratia, and the Law be ther

suidicated though not mmediately big the punishment of the Effeciden - Arthis

will accemer

ре

the necpon=

tut obflet of seating persons in Houston cautions of be coming Morety for the macked f a thicke da

ship, and thes

eluminating from

·C.

the trade all but

Usponsible and res= - peclable meu.

Buck the Bond

gineer.

by the Master and Sureties before the ship Fails would be in

૧

in Hangkang audit

ве

would, therefore, he that a -pany

всес

grade he

(opy of the declaration by am fommand, of one of the. Thip. sto sent officially to the Governor of that Clony to be available 44 the Curetion. agacist Another (opeyshould at the same hive desent to the Secretary offlate for the Colonial Hept toke need against the maston should he rexfferve wither Mir seancely reupar such

wither foecetry,

to add that all sui Declarations should

aper the

he drain expun most precise and

AGEN

accurate terms which

the nature of the exces

will admit, and shouts

ĈU

schaut as clearly popible the legal offacce such distheir

object to prove.

In conclusion d to point out that under the 18th section

auto

of the Act it mangle the

duty of

haval on

Mulitary offreon or of

A drapertis Cousals Customs officers to apply to officers i comm and of St. Mr.

the

Ship!

ace

Foreign

stations for apeclaure

и сачи

carrynig

out the

Act by conanying

ships that

Keen Rized by

theme

to the reares tourt

having Abunimally

Juridiction _ NV. Labouchere would

suggest theme fare

that the recepang instructions to cure

сейд

the pack of such apistance shouldbe i pued to the officersne fonemand of it. Me The ps in the Leas likely to be traversed by Chinese Rupengertlip,

Lacute

}

Emlyni offrie

Jr. 2.886.

Sr270/56

with have received frm MV.

Se Labouber the

in four capacity of

foremen of toughing, tu startims a

b the manner mi abit the threese

Exprengs

bit

the last seper is

tobe camed into effect under four

(olmial Sunsdiction; and it

semanis for

to direit.

only

me more sentintasty.

" four attention to the cross-

wheit Wer Maggitys Convals in China

Str pursue in the matter.

You will

have

already.

received

the but

for

from me (opics

F. J. Bouring

for distribution to the Consuls, by Which they will obtani a general

the hilations

kunoliage of aégislature; and

particular pruits

A s k

Kefards

the

on which the

Consuls may have to decide, I have

taken the opinio

officers of

the Law

the (rown, the substance

of which Spround to communicate

& you for jour mon information

разо

And.

for the pundance of

(osals

tthe

1. Her Majelis (msals in thina

his

will be postified he Aigsig British Shif hi Chuise water.

the Act

mashuu

bas to treaty

Her Mesoth

or usage jurisduction

over Butist Ships therein.

The proper course for Consuls

to take in order to bring a bessel

so seized before

Admiralty

an Adu

Court will be, in the pist flace,

to suge her in person, and

Ame so

Laving

Key sht by themselves

some competent person,

keure all the hips Papers &

Any

other printed or written Areuments or letters, of whatsoev which have any beasing

latest

the matter. They sh. mach

for breach

the provisions of

the

Such

Such Papers, documents

or letters

o ar

to identify

theme

and

deliver them seated up to some

hitilligent person aequemitid

with the cirani stances

the

sequre, who found or took them,

mac

actually

taken

saw them found

and liter can

them; and

they

identify

she said such

them to

parson hi charge of Aughing, with directions on

his amical to communicati

with

you

Caling

Goremor of the

and with the Law

Affee is of the Crown.

جو

4999

The (muls she also transeunt.

An Affidavit (or, in cases where

this cannot be done

Ensuelar

(ortificate from themselves) setthing

forth the facts & circumstances

connected with the transailin

tstablishing the exentity of the Lafers. This Affidavit or Certifient stt be full

terms, and

& auxerate hi els

far as circumstan

hile perit, in the from W.178.

the "Rules and.

at p. 20 Regulations made under

" W. for the use

& Will:

of Admiralty

"Courts abroad?", of which

Copy

is hubored. Where, however, parties are charged with "forging

or altering

the Expers, the affidavit

St. be precise as to the flight

And condition of such papers,

AGI

with reference

to the forging a

alteration.

4. Where it may be practicable, the Consuls the send in the Shipp,

or otherwise, any witness or witnesses

material

witnesses to Houghing.

12. not

But if this she hit be practicabile,

sht

they 14t transmit affidavits

or deportions prom such witnesses

The Consuls Itt make

such

such provision

49100

the circumstances

hay permit, wither by application

to the nearest haval Officer, or

thising a proper (rew, or otherwise,

the safe possessin

for sausing

And havejition of the Ship to

boughing

And

Ler

delivey, up to

при

the proper officer there who will

of the

be the than hal of

[enerally be

hee Admiralty (oust.

6. The Consuls she bear in

mind that they

are

hot

authorised by the Stabule to

dituni hi

Custody

the Master

or (sew of the This seized.

When

When the master is not prounded against criminally before the the (morals Itt Jemic the haster

In the Shipp

Age

as a

And if

AGEN

Fastazi.

the master deliver to

or is detained in Custody,

the master she be femitted to

sand in the ship any person

his Agent,

to send any

any

letters to his Agents or others

جر

Houghing.

The (insuls she also send

In the ship, whenever practicabile,

the hate and at hast one

other of

the [rew: and it is

desirable

50101

desirable that the attention of the

Consuls sht be dicited to the mas

and squlations above alluded

to and nine in

20. 827.

and

especially to face page 127. 20128.

The Consuls

aze

uvt

coming within the

as come

Coundered as

words

hi Sec: 10

of.

the Act

" officers bringing the same in

for

Adfucication, and bouchon

the bet allows a portion of the prounds of any forfeited Shipp

to be awarded.

Offences

under the

Aut

5~102

but may be enfinsed wite or punished before the Consular Inbunals in China, of committed within their feousdiction,

It is not intended, at all

AGENT

Events for the present, to appoint Exmgration Agents

at any Into.

hi China, but all British

"Chinese Raprenger Shepi will be.

required to touch at Waughing.

Here

for the pinpore of there

obtaining

the Certificate of the Empaction

Offier.

Shave

only

brudd that,

Thul

of infraction of

hi cases of

the Law

by the

the Master

of any Ship

be cascer

Ship it will probably be tushit a penalty or by proceding, Under his Bond, than by any other hrade, and the (onnels well. terifore be conful in all cases

ofteacher

the Law ascertamid

thave been committed by pharters,

brend to Houghoy.

Houghoy dularations

the used under

the

XV Sect.

CAY

Act, when the forening will

the

decide whether the Bond she he

put in suit against the Sureties

the abrace

the Master

or what other proendungs she

be taken in the walter.

(Agris) Carandon

SABLAKAL DE

To Sir. S.

Cory.

Burung

70: Jan. 2. 186.

1.12.

293. trong trong

RECENED

JAN. 10 1836

Foreign Office

103

Answered 22 Jan/sts.

Sir

January 9 to 1856

гид

д-

with reference to

the 7 to instant;

Letter

inclosin

which

Copy of a Despater had been addressed to

Sir James Bowring instructing

hem

the course to be

pursued by Her Majesty's Consuls

China in carrying

4. Merivale Esq.

out Stie

Provisions

the Chinese

Passenger Act of last Session,

анг

directed by The Earl

of Clarendon to transmit to

you, to be

laid before Mr

SecretaryA

ነ

Secretary Labouchere, the streft of

Circular Instruction which this Lordship proposes to address to ther Majesty's Consuls in South America and in certain other Ports and Places,

containing directions for their guidance in carrying out, in es

far as relates

to them

the provisions of the.

abovementioned Act, and I request that Lord Clarendon

may

be informed whether the proposed Instruction meets with Mr Secretary

Labouchere's concurrence.

arw

Sir

104

Your

most obedient

(' humble Servant

четать

10 Jan: W

Entered

293 Hong Kong

6. Hammand Cy

W. Ellis 19 Jav

W. Merivale

Ms. Ball

W. Laborchere.

سلم

WM.

васти

Anand 25 Feb/5t.

1880

you

ва

105

220 Jammy 1856 дати

In answer to

་་་

letter of thie

istant, I am

directed by M.

Paretary Labneshes

to request that

will exp

you

to the Earl of

Clarendon his

Concurrence in the

Eustrialios

red ti

proposed

to Stall's Consuls in

South America, and

at Certain other

places

婆

320. Hong dong

106

0.0

places respecting the mode of Carrying into effect the Chinese

Jassengers Act of last Session.

Famise

26.M.

Yrs 11324/35

Jun I/560

vide Gour 5042.

خاک

Sir,

JAN12

1856

Foreign Offrie

January 10.1056

Dircleet by the Eurb

Clarendon to transmit to

to be laid

you

: before Mr Secretary Labouchere, a Copy of i

3 Jan156. Craft with God: 11324/55=

etnoevered further 14 Jurness

overnor instructed no 2.5

mun

१

Note from the Ompian Minister at this

Count, requesting

that Mr G Overbeek may be recognized

Agent at Hong Kong,

that you

Pmpian Comular

and I

request

move Mr Labouchere to

will move

communicate to dont Clarendon the

Intructions such

may

Governor of Hong Kong

I am,

Merivale En

lin, your

ven to

to the

be given

this respect

most obedient

humble Lewant

Workbark

Copy

- Kentlm

See 11884.

resstructed

I Copy of the Encesion clesto

» Z J W

20.

Ver

besteck as Consulen Agench

Go Prussia

and au sun

the dispatct to thick

гу

effech ?

128an Jr

уто

Hm Jan 14

Ann Ex

In 320751

107

Julette

ondres. 68 Janvier 1856.

référant à la lettre

V. E. m'a fait l'honne

que 6.8.

m'écrire en date du 20 Out he 1834

concern

ernant la reconnaipanced un Agent Consulaire de Pompe à Hong Kong jeferends la liberté de vous informer que par suite du décès de M. Manfu Jurvenu peu de tems après sox départ, le fourts du Roi a nommé à ce porte M. 9. Overbeck régociant établi daus celte île. Je me trouve, en consequence, chargé de demander Votre bienveillante intervention auprès de M. le Secretaire d'Etat pour les Colonies, afin que le fouverneur de Hong Kong resouve les Instructions récessaires pour reconnaiten Ml the de Marendon

1.E.

ти

Monsieu

M. Overbeck dans les dites fonctions, ausitôt que M. de Carlowity, Consul de Pompe à Canton lui

adressé la demande.

ura ad

en aura

d'ajouter

Es me promettant d Mlett, que d'après le rapport

de ce demier, befourmour de Hong Rory s'est déjà

déclare

le choig de Mr

d'accord avec le choig Overbeck pource Pocter je vous prie de vouloir bien me donner en son tems connaisance des

démarches que

vous au.

aurez jugé

à proposde faire à cet égard.

J'ai l'honneurke. "Kyjne) Sernstorf

Jang

Viff

Ausu

21.

leofeces to Gooth Inf56 S 25 £49.

gro aus. 5039 20 52 2 April 186.

Aus 13.June

411 trong trong

JAN 17

1836

Foreign Office ди

16.

January

108

1856

I am directed by the Earl of

endon to transmit to you

Clarendon

сору copy of

note hom the

Danish Minister at this Couch,

Announ

councing

the appointement

of Mr. F. H. Block as Danish

Consul at Hong Kong; and I

to request that you

Herman Merivale log

wile hove

AGE!

Mr. Secretary Labouchere to inform

Lord Clarendon whether there is any objection to ipuing ther

majesty's Exequatur in favour

Mr Block.

Jam,

ат

Lithographed form...

Mr Merinde

Sir,

4. Your most obedient,

гормон

humble servant

لاته

Worlchnck

h 10 g

The Undersigned sel has the homes to transmits herewith to WVMs Lecretary &

Hate

ди

the letters patent appointing Mr

rederick H. Block, werchant residing

Consul

at Hong Kong, Wthis (sume for that place & to request that the faid appointement mey receive the sanction of bitni fartly

срис

May

the spone of the majesty's Ixequetur for MFA. Block as Royal Danish Coun.

for Hongkong.

The undersigned heps to have returned the

accompos document and avails hemisfere асстру

(Signed) W. Otholen

Danish Legation

January 14.1856

Verano Morendon Mh.

011

Gov 210/36

khoang động

AVED

JAN 25

18.6

Fraign offrie

Jannam .

23.1836

し

110

I have lid before the last of

Clarendo

Jour

Letter of

metroing. an Extrail

the 197

the bustaul

of a despartit

from the Goremor of Huughing selative to the pontin of Mamister practising In the (ating who become the legal Advisers of Parties hi lases

before the (nomlur (mats,

brought

And

Esfecially with reference to the parition held by

B. Berivale Byz

the Allonny General

111

+ Hing Long-

Jam 15

bi sheh cusers;

request

+ that you

heforme M. keretary.

the inse cited

and

will.

La bone here that

Sir. S. Boring,

(Amyan tersus Magnine), as

Australive the muconvenience

کر

as haver

telen

Leed Hari 1880: Jan: 9./56.

of the front order of things, bas villades

present

Leen

referred

کے کیے

to the Law Offices of "prene the

the (rown, and is still under them

Gusideratim.

ht regard

question of

to the general

the member

Wingting Bar

being

the

adrutted.

to practise in the Consular

Conto

Wire Crow

Infril.

$31. Capril.

Courts in China, I am to the tire, for Mr Labmeterés information,

Copy of a

Boning

desfatet shit to liv. S.

the last thail

in their being

• Acquisening

hothed ; and

Also a (apy of a Confidential despatch

on the same subfeel which I

Sinulturemily addressed to he J. Barang

Jarmi,

four hurt obedient humble servant,

Muncand

th it, and The despatches addressed by the F.B. to Si Bouring on the second front topice in despatch 18°66. relieve their Des from

The

His Letter

neay

"conclude the

Am/an 28

The 50

Imagin office

Jan: 9. 1856.

112

Shave braqumitt for there the

question adverted to hi

despatcher hot 213

the 9

and

20 275

10th

the form

the 23. of

and 278f

of August, and

to the tennial from Maft Bridger

Kaupskill and freen, in their

Khigsmill

lefacity of Barristen practising

at the Hughing Mar, has been

Auximity couridine by tom. fort

who do not ensufficient,

sufficient ground

Mr. J. Brusing

for refusing

the

application of Merse

31.

potential

puttemen the admitted

practise in the Connector (musti

(hen, although love. font

have no Mason

to think that.

the Cheap and expetition, huole

of procedure in the (momlan

دری

(out has led b

bo am

any

failure.

tom fort can

of Justice; and to me.

only hope that the charage

home

about to be introduced

hill be benificial to the

Community

Clarends

Cigma) Cla

Ju67271413

Frags offere

Jan : 9. 1866.

with reference to neybesfatit

% %

this day's date, respecting

the

adumpion of

Banister to

practice in the (misul-

the (insular (onsti,

theve to stule

toy m

4 trufidentially

the Crosse

that the Low offeins of

tution Infered the Guesting,

2. forted to me that they do list insider that there ruists

any.

sufficient fundatim for the

Affichension intestamid you

$. J. Bonning

дол

and byster. [mal Alcock, theil, of professional persons sal he fermitted to practise in the Counter- Courts, a wire tubnical procedure sill be substituted for the sample Broup

The procedure,

time hi (136.

they say, to be word in these fonti Bust depend upon the preager

And not upon the hotoventus

Gractilimers Bere

Korea, aiel

they observe that

cases off

Insiderable importance are

duided bi Shine Courts

And

that the Supreme Court of Wingting hus, he at bast

Ca 20

semitted by it to the

114

Consular (ourt, ordered that Counsel

た

12t be heard hi that Const.

The haw Patentenever the rights of

Subfinto

officers prothes obreme

are submitted to Judicial

Aluision (whatever

maghe the

Chormati of the time ) they

Count)

all.

tutitted to prospemal. Assistance

of thich is to be fround,

Laus Officer su

nothing

and the

the

Ordmance by which the Consular

Courts are instituted

Cherraeli's or endetimi

17 win the

tim of

tine

Counts which defsinis Her

traferty

Masisty's Subjects of

· that sight.

In the face of such an

H.th. fort could hot negative

openem,

Afflication of the Barsitter,

however dontilful they unghi

ful as to the expediency of

triplying.

with it. S2. the

decision, however, forr

んぐ

He satisfaction, to the mercantile

Community in (Mina, it will

their

power to neutralise

thi

701

2707

293756.

Soveted 28

Feby St

không trong dương Foreign Office.

FE 20

1826

115

Febuary 18th 856.

With reference to your Letter of the 220 Ultims enclosing the Secretarz Draft of a Letter which Mr Jenstung Larbonchere proposes to address to the Board of Admiralty upon the subject of the instructions to be given to the Commanders of Her Majesty's Vessels of Har, for carrying the Provisions of the Chinese Passenger act ints effect, I am directed by the n Merivale Exp.

pyy

Herman

вс

Land

it by emiing

apsaumen

thecuselves that (muscl

shall not be employed in the

Consular Conto.

(signed) Chrundm

[...]

Earl of Clarendon to transmit to you, for Mr. Labouchere's information, a Copy of a Report which this todships has received from the Law Officers of the Cowow, in

anover to a reference

reference made to

them, upon the mobject of the proposed Letter to the Admiralty.

the Draft of which is herewith

returned.

Feb:14. 1856.

Jam.

Lin,

your most obechent

humble servant

Hanemand

116

W. Murdoch prepared the draft tions. I therefore sent this

letter to him and he adviser

that al

which is necefary.

Do to Carvey to lia

Adusiralty the concludz

suggestion of

Officers

very

Lev

words.

notting of

we kno

Clieir

For

the mode

117

of proceeding Admiralty Contime in the maller

of Prizes and lovers. I confess

Isharld have doubted the

necessity

а вое

expediency of

artlis

the Law Officers bint

matter, but it is not forthie

unlearned to question the

dieta of

such Authorities. I

have added a lentenge to blie

дорог

draft Communicating of the Law Affairs Report

? Il 22 Feb:

Hm 722

M237

M.23

Entered

Foreign Office - 270) Hong Kong

1653

118

•. The Secretary to the Admiralty.

(perpend by Mr Murdoch)

His draft bad

alvadi

been

раскад

Sin

and approved, with

the endoplin of the

eve

Darning 28th Grebenery

arning Street Somas 71836

Jam incetid

Concluding sentence by Mr Secretary

which is ren added

рем Law Officers Repal Перле

pursuance of the

}

Labruction to request

that

will call.

you

the

to the Facije Offic. the attention of

returned

? H

Andy

Mr 237 27

M. Fre l

18+ 19 Fict: ap 104

Loves Commissioners

of the Actuuralty to the Act pacred dining,

Busevered. 20th March 16, the last Session

2658.

Copy to God 5 duty/56-

Parliament for the

!ļ

{

Label

ון

יי----

119

remulation of blumière Excienser Ships of which a copy is suclosed_ herewith.

the dyest of object

this Act was to --

prevent so far ets relates to British Stups or Slups Sailing from British Emitry, the

recurrence of

the grave abrics which have

heretofore coisted in the Crences Passenger

Grade. And with thes vrow it requires all such Hips (called

}

the Act Cinese Eassenger Ships) to obtain before Sailing

the Certificate of

Lemigration officer that they have complied with certain regulations connexed to the Act and subjects them, if British British jurisdiction, to examination by the com: -mander of any of Her Majestys Hips

wittin

buy any envigration. Officer, Qustones officer

or British Consul-

making

120

making the Ship. Erable to forfeiture when not fumistied with Eoung ration papers

subjecting the

and subje

Master to penalties. when the regulations of the Act have.

not been complied with. It is

is necessary

there fore to consider

the Intructions which should be given to Commandere of Her Majesty's Ships for the excution of this

Act.

The Act con templates

the

the intervention of Officine of Flor. Majestys Ships (1)

in the case of a "Wlumice Prccinger -

Ship within British

purvediction, and (2)

in the

ence

شه

such a Ship being a British Ship met

with Icar

MML

the thigh

In the first

case the Ship might be British or Foreign but if Foreign it would be necessary,

متا

byning her within the

operation

121

operation of the Act

that she shoulds

have sailed from Port in Hong Kong. Such a Ship found

within Britishe juris. diction would be

equally, liable to search British Ship-but

clo d

as it would generally happen in the case of Inps, writime British priodiction that there

would be a

}

officer

022

Gastours

the spot to

whom the Act assigns

the

same

- powers as to

the Commander of one

ί.

}

of Her Majesty's Slips it would probably be better to leave the Eustonnes officer in such

a case to put the Law in force. But if there

chould be no customis

the spot, the

Officer

duty of the Naval Officer would thin be the same in the case

of a bhuière Passenger Ship, whether British Foreign, within

سان

British pinodiction as in the case of British Chinese Passenge Ship met with at Sea,

uger

But it would of course

ジ

122

be ne

necessary 112

the

cale

of a Foreign Shipwritte

= in British periodiction that the

officer child

be quite sure that she had sailed from Hong Long with Passengers- before he proccided to put the Law in force againsther, In either case when the Commander of one

Her Majesty's Hips process to put the Law in operation it would first be necessary that he should inspect the Ships Emigration papers, and if she should not be =moked with such papers or if the papers produced should bear evidence of having

fur.

been

meed or frauamente, antred, it would be his duty

the hip

seize

and send her to the nearest Court having Admiralas jurisdiction

for condemnation. In

so doing

he would

Corve

tavie

Eure

sand with the

ship the most amhle

proots in his power

inther the absence_

the forgery

or the

raudulent alteration.

of the Emigration

20 papers

paper

the case

might be, and although

he would not be

authorized to mut the

Fizi under

Master or Fu

arrest

themo

し

or to compel

in the carc

chip scized

Fort to preced

in her, it would

be his duty to

allow the ellaster

to do

برند

descried it, and .

verzy

desirable to

procure the attendance

Conc

portion of

the

ון ד

123

the Eren. Where, however the popers

are

proper too

and sufficient, it will then remains

to aveertam tron-

far the Regulations

the it. Ton

for the

of the Emigrants

have been carried

out.

it appear

to MrLabouchere?

that under thhis head it would

not be necessary

Cry

desirable, inéces

he should have

124

good grounds for

aucheeling - Grand 7 for see polacity

that the afficer chonid suquire into

the matters which ought to be

ascertained by the Emigration officer before the shipß

sails_mch as the

number that the

shießß

may legally

Carry-

هه

her

seaworthiness or

proper equipment,

or the

Contracts

Intered into with

the

that the requirements of the Act are

not complied with '

the Passengers - the

principal points

to which his attention should be directed would be the number actually

board as

compared with the mmber specified

the clearing

Certificate. the

proper issue of provisions, water, and (where required)

Medicines and Medical

comforts _ The allowancec

the

full

accomm?.

2500

}

125

AGIN

}

accommodation in

space and venti-

lation originally provided for the passengers, and -

their

general good

treatment. A failure

to comply with

the act

any

these

points:

would be a

mis demeanour and

would

would subject

the master to

corresponding

penalty.

But

such cases

might be

inn

there

a great

difficulty in producing

the witnesses to the

infraction of

the

Law in the Court

before which the

21 offender

}

126

offruder might be brought, it is provided, in Section

15, that the declaration

British. Consul

the Commander

of Her

one

ellajesty's Ships shall be

received in evidence, if, when produced in the United Fringson it has

to a

been transmitted officially

Secretary of State, or when produced in a Colony to the Governor of that

Colony.

of...

Colony. In the case Offences aganist (he) present Act two modes.

of proceeding uice bo open to the Government. First - Aganist the Dursties, in chee) Boud given by

the Master luniself.

As Naval Officers leaves

мо

no power

power to

detain

any

perpero

Master of a Blip who

leas

has made luniself clics

amenable to punishment it

may often happen that

leave dhe ship, ands

either pemani

lie

will

manage

out of

Her

Her Majesty's dominions,

or avoid detection within

Mom, in which casel

I i might excape wile

infinity. But in such

case the Boudy

· fuct

May

bei

Pris

so suit aganist. this

"Sureties, and elce law la

thues pridicated though not minediately by the

funishment of the Offender_

And this urie auswer

лей

the important object of

moking persons

Hong

Kong cautious of becoming surely for the Master

of a Clinese passengers

Slip

باز بین

127

Ship, and thus of-

the

from dios

eliminating from

Spade

all but responsible

and respectable

meu.

But the Bonds

queis by the Master

and sureties before the

Slip sails, coulds bes

in Hong Kong,

and it

would, therefore, bes

" duplicate necessary cleat a

cofory

of the declarations made?

of one.

by any Commander of Her Majesty's Slips should be sent officially to

ther

Governor of that Colony to be available xganist

ite

128

the Sureties. Anoller

my duplicates

should at the same time

ie sent to cho Secretary

of Make for the Colonial Department to be useds

aganist the Master should The peaffear in das

Country. All such,

declarationes should

bes

drawn up in the most.

precise unds accurate termus

which the nature of

the circumstances will

admit, and should sit

out

clearly as possible

the legal offence which it

is doeir object to prove.

...

In conclusion I and

to point out cleat under the 10th section of the Act it way

of Naval

Officers

be the duty

Military

of How Mesjesty.

Her

Consuls or Customs officers

to apply to Officers in commands of Iber, Majesty's Slips oud Foreigis Stations for assistance in corriping

out the act by conveying

Slips teat

way

have

been seized by them)

to the nearest Court,

leaving. Aduurally jurisdiction.

Mr Labouchere woulds

suggest

129

suggest therefore that the necessary instructions

for chee grant of mucles

afsistance plrouss be issued)

the officers in

commands of Her Majesty's

Ships in the seas

likely

to be traverseds by

Glimese. Passenger Blüps:

In conclusion I

Am desired to state

the

that a craft of present letter having heen Communicated

by direction of the

Earl

Clarendon to

the Law Officers of the Crowns, they have

expressed

February 185%

14 (da 7.0. 18. Feb.)

Oxpressed their

Concurrence in it

Cartents in a letder

of which

ما

copy

herewith transmitted.

It will be observed

that

They

add a

Suggestion that

listructions should

to Naval

be given "Offiens who neay detain Chinese

Emigrant Thips, to the particular steps to be taken in order to ensure the

Condemnation and

for feiture of such Ships.

H.M.

In Colonial Office of

January

22. 1850.

Cof

Hayhoed

Boston Commons.

Fil: 141856.

130

The

ult"

are

honored with G. L's commanch

hi Ho Kerminiond's Litter

Stating

Jan: 25:

that, with reference to our

Refort of dee: 24. bust upon certami pouts In the Chains Expayer hat of bast Session be has diviited to traummit to us a Letter from the Colonial Office, unctoring

adraft of a better which MW. Sec: Labouchere

proposes baddups to the Board of

Admiralty upon the subgent of histructions for carrying

Expellaredon

the

the provision.

the chat with effect to be quen to

the commanders of Wm.

انی

131

Wh. Sessels of war; and also

the former papers

bluebon

on this Sulfit,

and

tospust that we w? tube the luclored

Saft wite consideration, and sefort

G. 2. M. opinire tenure-

be obedecine tolt! commands

we have the how to report:

in the

That we concur in

the propriety

the actored Letter from the Colonial

Secretary

to the Mt of chomirally,

subfeel to the verbal alterations which

be have suggested in the draft:

we thent, however, that it wr

be desirable that the 13.

that the 18. Jibdinally

Itt further point out the particular teps perford to be taken to have

Afpeers who

huery

detani Chuière

Eumpant-

Expant ships in order treasure

the

condemnation and frofuture such ships, which Steps she be

of such

analogous to there taken in cases of capture of Prizes or of Slaver.

(Signer) to warding

Mr. Cockburn RBethell

:....

F.6.293

For instructed 7% March. fol. 86

You

Goo

12 July/56 L. Fr.

25/0009

1st February. 1856

Sir,

29-

ว

...

1888 trong trong

RECEIVE

FEE 28 1826

with reference to

Passengers Act

Foreign Office

Jebruary 25th 1856

132

your

Letter of the

th ultimo, stating that Mr Suretary

Lavouchere concurred in the Instruction.

which the Earl of Clarendon proposed

to address to Her Majesty's Consuls abroad with reference to the Chinese Passenger Act of last Session, I am directed by His Loodelish to

transmit to

you

Copy of a Letter from the Board of Frade, to whom

the Fraft of that Instruction has also been submitted, and with

H. Merivale Engg.

x Ac

reference

Jr. Law Officers

Copy

February.

14.

1. End.

1856.

133

reference to the suggestion of theat Board, that Her Majesty's Consuls should be furniched by the Governor

of Hong Kong with Copies of all Regulations issued by

him m

Juvenance of the Chinese Passenger

pursuance

Act, I

to request

that you

will

suggest to

Mr Secretary-

Labouchere, theat the Governor of

Hong Kong should be instructed to

send

to the Colonial Office

eufficient number of copies of such

日

the Foreign Office to Her Majesty's Consuls, by which means

they

are

likely to reach the Consuls

Ithan if sent to them direct trong rộng

ам

Sir

Your curet obedient humble. Servant

Workshauke

from

Regulations

are

in force, in order

fiat Shey seray

be forwarded through

the

W. Ellist

20 Tel.

AB?

Mr. Jadin

Will you prepare a craft. shions accaduigly to of Stong Kong

ttic Eme

?.??

28 дев

134

Fr.6. 1880 ary Sung

Hi Schen Berring he

836

7 Maret 156

With reference to my

disqetch X11. of the 8th December Shave to requoit

1856

WINUTE

MARH

"R. Jadis

FRElliot

ន

M&J Ball #NcLabouchere 7

Merivale b.

You

гоби

thich. H. Mis. Gut

Consider it obesenble

Britech Consuls broad, that the Consuls thould

be fremshed & wille Copies of all Regulations pend by the Grena of Horny Honey sin fenomene of the Chinese Pepengert

but.

There the ufure to request.

Jou

to transit time

sufficient Number of Copies of such Regulations

{

ATT

AGX+

les are in.

Jovce,

in orden

that they may Forecarded through the Login office to bo hus:

Consuls, by which means

they

are were likely to

those officers reach the Consuls then

if sent direct from Hony Hory.

See

The.

NÉ

Copy

In 1888/174 135

Office of Committee

of Privy forencel for Trade. Whitehall. 20th Jeby 1856.

My Lord,

I am directed by the Lords

of the Committee of Privy Connect for Isade to acknowledge the reet

of your letter of the 13th inst, transmitting Coppies of fircular Instructions with reference & the Chinese Passenger Act of last Sepin which Lard (larendon had issund to 64. M. Consuls porsions to the rect Letter of the 20th Ult, calling

of my

Ford Woodhouse.

etie toets.

the

통해

136

AGI

the attention of this Lops to the cak

of the thinere Emigrant-Vessel &

"Zetland."," I

I am to acquaint you

that it does not appear to my

"Lords that any further restuctions, to consuls are at present necessary. My Lords, however, think that

it is very

desirable that the

Conmuts at every Port at which Chinese Papinger thips are likely to touch, should be furnished with Copies of all regulations for the time being in Force issued by the good of Hong Kong in pursuance of the

Gooz

Chinese

Chinese Passenger Act, and they desire me to suggest, for Lord Camins, Consideration, whether it might not be well to move In = Secretary Labouchere to instruct the Gov

of Hongkong to forward all such. Regulations accordingly; or, if

they are first sent

first sent for the approval

the Home Govt, that notice should be given to the Foreign Office, in ander that Copies may be forwarded from that dept direct to the Consuls.

I have etc

(rism d) J. 8. Tennent.

AGEN

Answered 8

Marck/s6.

Jou

2136 - chong trong

RECEIVED

MAR 6

1856

Forcips offer

137

Search 6th 1886.

I con directed by the Parl

of ffarenston Brequests that with acquaints ho. Secretary kabauchem that Sir John Bowring

کچھ

Recommended for

has

the

увел

appointments of Flee Majestys (usul in Linmen Ho Hillier, the present thief in the Colony

trate in the

Magistrate

H. Merivale Eper

Feby

B.Board of

Copy

20.1856

grade

---|

AGE

of Hongkong: Carenston

;

and that Loud.

lon is disposed to. Offer

есл

the appointment to that gentleman, but wisher, before doing to, to know

whether W. Labouchere seer

Any Rajection bits being Conferred upon bein

Sam, Ser.

your mort decent

humble servant

Trin

138

the patconge to Sie J. Bouring. The salary of. the Office is & 1000 . The qualifications for the place I latieve to be a knowledge of criminal & Law _. integrity - decision of character - health and as much aquaintance with chinese habit and the Campace y

China as can be procured.

Jannes in extract from a desratch from .. Sir J. Bonham relation is the office of Stasis teate, which fear, will render Magistrate, it a matter of difficce is to select an

Appropriate successor for Me Billier

in this Country . .

Entered

E. Hammond E.

MINUTE

that

13.

You

There

will, I trait, be

Apponitment thes

losing & very

Excellent pu

Roney.

I should saffiore Mr. Labouchere will

fill this vexeavy

up from

осет

List,

& not

для

to this

Most of

2720

I dhe art that I Sald

with the permohon

Сгоруй

Miller-though he

will be

40.2.186. Hong.

Sieve S

139

IS. & Mare 156

WIX Balt

Letter for seg.

annier

Sipped & tent

With reference &

Jour

litter

مرور

the 6t austant

I am directed to state

for the information

of the Earl of

Clarendon,

That I Labouchere

conseilers that he would

not be justified in interfering, with the promotion of Mr Helling though he is sensible of

the great loss to which the public Pervice at Hong Kong, will be subjected by his

removal

;

140

removal from the Colony, and will therefore offer no objection to his

appointment as Consul- in Siam.

I have se

Extract of a despatch from Sir

George Bonham to Earl Greg.

dated 27.

The duties

Now / 48. Separate = "

748.

of Me Hillier are botto.

ourous and respossible, and his

Office is one that cannot be

filled by every one

Sa fact

I look upon it as

The

most important in the Colony ; as expon its working will materially depend the degree of

respect soitto which the Chinese,

Inhabitants will

regard.

our

dyptern of Governruent generally,

as ovell as the Bedience lat

Isey

AGE

they will be dispersed & Grays

to the laws ander scrick they are Germitted to reside-

Es ensure efficiency, and to secure to a certain extent,

The confidence of the Governmunt and ofthe Public, this Iffere must therefore be held by

some one who has had some

она

Previous Training, in the

Department

Who is aegriaunted

swith Sta. Enhabitants and

their peculiar characters, as

well as with the respirements

Gov 8384/ Bistrica Gov 2173/56 HSRO.

skorzy

a Clerical error

Hon

2233. dung đáng

MAR 3

1836

tich

ہے

141

Immigration

Forges office

Murch 6th 1856??

reference to your letter of

the 11th of October lust relativn

# an Act prospects by the Legislature

Victoria

time the of com of the glory of Plougheory imposing

Bft.

penalties upon Cherier himmigrant,

arriving there I am directed by the Earl of Clarendon to transmit byou

مناک

to be laut

before So keretany Labouchen,

of the Colony;

405.

страуда

dexperteh

this

Ferman Merivale &

〆

חורז -

this subject from Her Majesty Plenipotentiary influia.

Whisk

8/3 ass?

бол

Four mort Poedint sumber: Sorvant

ام

4 21 Ai

Am hith il

It is quite clear that the For. Off (or the permn who drafted the letters there has confounded Victoria Hongkong with the Colony of Victoria this be set right

privately

иг

1개

Copy!

W25.

The

2253/5 142

Inperintendency of Fade.

Houghong. Jorn 4th 1855.

My Ford,

I have the honor to

ん

acknowledge GzD.^ ! desported

Wo 0.15, dated Oct. 15, enclosing Fundry] Coprice" of an act pared by the Legislatie of the Colony of Pretoria imposing heavy liability on Chinese. Immigrants arriving at Routing foir

(wie in Original and on the persons by whom they maz be introduced." The communication

Earl of Clarendon R. G.

from

AGEN

143

from the Colonial office referred

to buy or Lat does not accompany

Ld.

the despatch.

I have directed this act to

be republished in the Honghong Gazette, and have called

called the

attention by Eventon of H. Mo Cononls to its provisions . These provisions have excited no small amount of somprise and annogame both to British Merchants and among the Chinese, many of whom proceeding from this Colony are British Infjects.

спов

the

་

the condemning of them to a heavy mulet on landing British territory appears to

me the exercise of an authority

very

10 questionable and strangely arbitrong.

I have

(signed) John Bowing

www

רי

Mophong. Jon 4/56.

From Fir J. Bowing.

поб

2017

209

211

1697 1706

238 chung đang

RECEIVED

MAR 22

387

18: 6

144

Foreign Office

March. 20. 1858.

Copy to God. 1. April /06 - Confidential Draft with 2011/6

Gov 6 Sou/

with reference to your letters

the 17th of January.

Aurel

th ultinio, incering (opies of

despatites from the Govenor of

Hraghing, respecting an allempl

Muell

And

the Menscan (oural

the Commander hi

in Chilf

unction at there

the Mexican Squnction

Mland to critest and set aside

Her Majesty's Jurisdiction in the

B. Berivale tyre.

че

bland

AGENT

bland and traters of Winghong, Sam desected by the Earl of Clementen to hausiet to you, for the bufmention of Mr. Secretary La bruchere, a sofy Copy of a despatch which, after having Consulted the Law Officers of the

(rawn, His Lordships has addre

Her Majesty's upon the above Subject.

Minister ext Washington

Jam

Your worshobedeut

humble servant,

62 جدا

kob z Mi

Forge Offic

Pharch. 14. 1858).

145

Shausant to

to you

herewith (Main

tve Letter from the Cobrunt Office

buclornig

Sesfutites prm the Gremen Govenor

of Kinghong respecting an attempt

Made

And

the American (rusale

The (mmander

Chief of

the American Squadron at that

Bleme to contest and set aside

Hos Pappity's Jaridiction in the Island and Waters of Weghing.

Crampton Expre

Having

Consulted the

Leew

146

Laws officers of

how to

Convey

the (rown,

emory to you

I have

the following.

observations and pistmuctions

the selfiet of those deepulcher

subfict

The circumstances

teber.

the cure

maybe statist briefly as follows:

On the 28th of Oct ? bust:

A Hansen

on.

naund Madison, des

board the American Slu

trony

" endear, Cap Nicholls, then

Gaiz

in the port of Haughing

applied for employment in the

Jolie service at that place.

Upon engle

he was

be admitted there

à scame

board

au Amencie Thip, upon which he was reformed that his application

wt not be biterturned till be herd

obtained his dischanz

Me.

Represented that be could not

to the ship to procure.

Retur

it was ment

сни

subjected to exculty

he had been

and ill-wage

seu

and feared a répétition of the le

treatment she be jp back. He

て

was advised

nevertheless,

Icture to his duty.

and

encouraged to hope that, if he

did 5.0

be wt not undisse

further personal Altrenteneve

The

The man, however, tile pernoted

what

hin expressing fears as to about

tot happen to him. He was then

bold

toll, J. way of inducing bein

to setion to this Ship thail, if on

his retion.

berlance on

be the be printed with

crislty,

and shd.

Communicate the fails to the Police authorities, they wit sulerfere to protiel hin

On the afternoon of but: 19 tive seamen, who had been

Десем

secently discharged from the Reindeer presented themselves

at the Police (oust, and, in

The

147

the hame

and

behalf of

hadisin

the

requested the aid

Police, as he had been flogged.

aged. And

otherwise treated, and was then

पै

hitions on board the Reviews.

eindeer

the Opsistant duperentendent of Police, In May, having reported this

to the supersulindent, was directed by the

the lutter to proend to the "Reindeer", and, if he found

to bring

the report to be true, the man on shore. The Assistant Suferitendove accordingly

board the Reinder

で

went

aul

て

[

fround Phadison handcuffed

and fastened to a gun, bearing.

with one

hark's

And Horal

Aut

of recent flogging.

гео

buiser

blueben

his boda

body.

the accordingly requested the Cheif

thate to deliver the man u

bohame

upp.

which request was weithione

difficulty complied with

Ke seat da

day

(bet 20

)

Ruction applied to the selling Pagsitrate, Mr. Paitchell, foren summons agquist the Captain

for

It which was

assault

ranted.

granted

On the 28th the case

Came

148

came on for hearing before the

Chief Magistrate

and and they

Sustice. The American Consul, M.

Krevan, has present and, both

at the onbet and chore

the

kroundings, protested in thing terms agaient the fundictive of

the Court relating to a complaint

au Muncan Seaman agquist

his (aplans for batter corinting

board.

alleging

au Mencan Shepe

that such a matter was

within his (the (insuls)

sole pirnidiction. It was best property pociled

I out to himn

That

iSI

that his jurisduction applical-

Amatters of

civil complaint

alme, whereas this was a charge of a criminal zature, in which the protection of the Law cons

was

quest birleuve

clamiel aggreinst hi which the Me

Therefore

Magestrates

вал

149

to put him to work : that he (Madison) thereupon ashed

be intended to serve

the heate

him as be had done at

Rio

fet him in trons, at

And

-night and

to allemalive but to

administer the law. The case was

uite; Madison swore

Jone

one wild

that

his return to bis Shife, be

had been put in irons by the

thate, and

kept

so all be

that, in the humming,

tale took him out of

hight?

the

hate him work hi the day;

сение

that the Captains then coreue

with brows and a

froweird.

cut o'hive

tants in his hand saying "Yes,

рода,

it is too good for you, you son of " that the Cuptame

there pulled him (Madison)

out

the heir весе

the forecastle by the

khached him down with a

blow

150

the wins in the head,

How of

kached home hi

was down

the

где

when he

; fout his feet uefpon bus

heart and

And fot

hold

throal. of his Meroal

to chote him. that the

Carplän

and

the tate then

off in the Wening

8 vélock in the un

This was at

hurming

andh

Madison was hope fastence to

the

един

till four in the Aftemon

again fent on the sins and

fastened him (Madison)

a Jum

deck, and

the after part of the

the Caplani

Зале вони рони назди

four

Jave.

thee

lasher

with the (at, after which be

said he has bred one

at give the in

son of

When the police arrived. Su

Consommation of

thedison's story,

it appeared that his back

was much bruised

and

discolored from the plogging

he head

heed unde

undergone

his ege

еде

but

" some more when be came

that

and

has bluchered.

The hate, who was examined

the other side Endeavoured.

togeve

different bers

Ер

197

off

The

AGI

the hausaction, and represented.

Madison

thuolison as having refered to

with on

bis

beng

And

lühen

on t

hancing stuch

The Caftans. We also stulect

that the (aptain had hol- flopped thustion. The hunter

evidence however appeared to

have been shuffling.

tere sa le furlong

and

Avel

covellet

that he " and a bad memory? The Magistrater, it is plain, did

hot believe his statements

but believed Mardison's.

Phy

decided

agamist

the (aptani and

cultured him to a fine of fefty

dollars, and

to pay leventy five.

151

dollars as compensation to the complaciant Tardison. The Captain

The and hot pay

declared

a leut

And was thereuporn ordered libe

He was then descred

theprisoned. We

by the proper officer to accompany home to the prison,

and.

left the

loust as if for that purpose.

bat wer ́s allowed to walk

ni amm

with the Amencan

Consul alterided.

by the officer.

Men

AGENT

In aniving. pusin, be

at the door of

was destred

by the

the

Offici, teater, but wistend of

dong.

Benupon

sury

he walhard on.

the

hun

Officer endeavoured

but was honest.

back by the Consul.

the meantime

made his excupe.

and

the Explan

And

sufferred to have tuben refuge

board the American this

y War

"Portallam (us

M. Chung, then Gang

harbour of Houghing.

in the

On this

A warrant was delivered

152

the Magistrale to the Superintenden of Police, which he was directed

to tube on board the Pow hutan

her teen

and shew to (affer he Cluny, stating

& him the circumstances Under

which it hard heen

request

sued, aut

fuel,

that officer to dorest

that the fine 122. be past or

to surrender the defendant.

the whole.

Cap: " W. Cluny, however, dewind

M. . the liqulity of proundings,

and stated

that

}

Le St. have no hesitation be

Free

Shediing

an amud

force

wasn

the anctity of

prevent a like hirnsion of any

Imenian

вніс,

thencan Vippel. The fries

however, be subsequently, paid by an Allimey in tachalf of the defendant. This payment

еле

ment was

Eftertea de sofereciated by the American Officers in their

treat.

Coverprudence with the local, Authorities, but the fact of its having been trade fervented

or indeed the

the reapety posibility of any further porrendings to enforce the Low afquist the defendant Nicholls. In the meantime

153

a correspondence had commenced

British

between the stuttiriler on

the

hand

the

and

the Amencin

the other,

Consul and Affecis

the former complaining there the administration of furture had

Justice

been neleripled, the culler that the soultity of

the..

American Hag head been

beolalid.

In a letter

the 26th

October to M. Wereer, the

folmial Secntany M Connal Krenan "protects agquinst the right

AG:

" Leight of search of Merican

And

agquist

Pipets.

tattersity of any

"pm

halini to like

an Mencan Shif

"American (oligen belonging

"That Shief without the

" Jensen

" of

And in a Letter to tri. Sohn.

Bouring of

the 21

154

21th of hovember

Commodore bbbott, tontuanding the American Gundirn

Hatem, says

dom on that

• The fonduction

"of Britist (musts does not entend

o concurence

се

" ther

the American Mithmber

"Unless a complanit has been

" made that a Capital Offence

" has been committed, and

спины

" then on

тву проти

warrant

" of a proper character.

па

Menian Ship even

British Post for matters

"affecting

the wilerior of

the

Ship, its discpluie ster

" Fr there purposes wherever the Mancan Flag floati "it cassies American printation.

And

AGEN.

And be requires that reparation " Maybe reade for the berlution " of the Lexis

" discom

tise

hatin's and

towards the Miles

" Itutes. that the man Mardin

be anested and delivered

" Maybe

" up : that the police officer

" he property punished, and " that such steps may be

" Wither with the magistrate " that be and others may for " the future better understand

their duties

and

powers,

" and theit these wagbe

" is securrence

155

of such proceedings.

The I

In a subsequent Letter hovember to bor. I. Bowninge menn

вожен

Muchodon

bbbote citer rocral passages prom

of the

the Letter from Mr. Webster to Lord Ashburton in the case of Beale August

how

1.1842, fr

the

گر

kenspose of terwing that a ship the port of

tulering

accother

hation came's with her the Jonidution and tows of her

Iwn

(mentry for the general

کے دور

کر

Compose of governing

regulating

and

the Rights, duties

And

156

and obligations of thou on board; and that to the extent of the exercise of

this pronischistion they are considered__ is port of the Territory of the Nation

الله

italf.

With respect to this pretension to exemption from the lossl jornschuction in ark: of offences committed on Foard American Vessels within a British Port, which is this avverted by Officers of the U. S.; H. M's Goot are entirely of opinion that no tick exemption existo either by the Law or comity of nations. The doctrine advanced by Mr Webster is applied by him only to the case of these forced by necessity

into a Foreign Port. In the case of

trading

}

Frading Vesuls in a foreign Port it is admitted (see 10% tento commentories, f. 157, note () that the offences committed on board of them, mainy be considered as committed in the Territory of the state to whish they belong was to give the Trifunals of that tate ponisdiction,

Zet

the local Tribunals have at all events a concurrent jionisdiction. It appears to H. Mis Goot that though it may be conceded that foreign this coming into the Port of another Country Sinigo with her the Laves of her own

as the measure of

country

the Rights, Duties & obligations of those who belong to her, yet there can be no question that every

Foreigner

owes

foreigner comming within the jurisdiction of another Country obedience to its Laws, and is fonally responsible if the violates them exew against one of his countrymen on board the same ship. It would be monstrous to assert that lawless

and inhuman violence likely to terminate even in death, could be carried on within a Port of another country with the knowledge of the local authorities of that country and yet without their having the power to interpose to prevent the perpetration of Outrage and crime . H. Mo Good are of opinion that the magistrates at "Hongkong had purisdiction in the arses in question.

157

As a matter of diveretion, it

is to be regretted that the Officers

of Police did not provide themselves

with a

before

magistrates warrant beli- going on board the Reindeer" but considering that the Representation made at the Police office was that Madison was at that time. Inbuited to undne violence, H. Mo Good are of opinion that the officers were in stretnes justified in acting authey did without a

warrant.

Descending from the question of

parisdiction the Amerison Conval and officers make three complaints on the merits of the

Case.

10t they allege that Madison was

guilty

SUA

AGI

quilty of mating and desertion, and that the Captain was justified in using violence towards him,

used no more than was ne

and

was necessary

"They complain that in a demand

made by the Conone to have Madison

as a deserter, such

delivered up про demand was not complied with. 3d

5. They complain that the schole reheme for the liberation of Madion had been previously concerted

between him and the Price authorities before his return to his shießß.

The first of these three heads was exdently matter for the consideration and adjudication by the Magistrates competent Tribunal

who were a

in that behalf.

158

It is pomble, though there is no reason to suppose to, that if the American Comml and Captain instead of contesting the purisdiction of the Magistrates, had gone fully into the case against Madison, instead of reezing on the unopposed and unsatisfactory statement of the mate, the case might have asmmed a different complexion . But on the evidence, as it stands, it appears to 7. Ms Goot that the magistrates come to a right conclusion It is obvious that it cannot be permitted to those who voluntarily, seek the British shores of waters to call upon the Brition Authorities, on the

more statements of those

whose

159

whose conduct has been the infect of legal enquiry and condemnation to assume that the British

Iribunals have acted partially, comptly or unjustly.

gath the question as to the refusal_ to deliver up the seaman Machioon may be dispoed of in a few words. There is no treaty between Great Britain and the U. S. authorizing the morender of seamen who have deserted from Ships in the Ports of either Power, and in the abunce of much treaty engagements, Sir John. Browning would have violated the Law if he had ordered the

man to be given up, as demanded by the American Commodore

and

and the American Conoul. Thos

who seek British Ports and invoke the aid of British Tribunals must abide by the decisions of thou Tritonais. oth the Change against the Police is wholly unwarranted. To quict Madioon : apprehension and induce him to retions to his ship. The Police Authorities promised him protection if it should be necessary. It does not need their denial to

satisfy H. Mis Goot that thes

could have had no motive or

the man obfect in encouraging

to hunting for the sake of getting him perished, and so bring

about.

about his liberation : if

Mis

liberation had been their obfect,

Key

had

only

to have Lept him

on those when he was there. It is

the British. Gout which alone in the present his tance

of complaint, seeing person sentenced

has causse

that a

to unprisonment.

by a British Internal has been

sescued for Commercial Representative of the W. Platte

and that the execution

Cyal

the execution of

warraut-

нем

issues by.

Competent Enagistrale.

have been

pastrated by a threat of

prible

forcible resistance

160

e you offuer

War.

of an American Shics of

It has been fuchicially. The Supreme Court

Actemuned

of the W. Stutes that when private individuals of the traction

Spread themselves through another

direct,

tusness or Caprice may

mingling widiscominately with

the mhabilunch

(antry,

that other

when Merchant

Vessels enter for the surpres

of Trude

it we be obvinity

hiconvenient and dangerous

brociety, and with subfeil

the

IFT

џг

161

the Lawes to continual resection and the fort to degradation of

Thet individuals or

Merchants

treal alleginice

hot amenable eualile

and hot owe.

leurforamy

avel

And

were

to the

Jurisdiction

the Country

( The schooner Recharge!

Mr. Fadden St, 7. (rauchs

رد

Infinitive to commercial and manline hation's like G. Butain and the to. States : you will say

that Ht." foot carmot pepubly admit the pretention to Exemplarn

from treat fansduction pout

forward by

the American (ouvil

and the Aenean Commodore,

And theil on the other hand,

no retention

Reports J.144)

they have no

Shave truistuial you

address a hole thot havey

upon this question, which you

will say

is of the greatest-

claim

betrying

that British Subjecti

to British Bescheint

in Milncan For-lo,

хло ви.

Fifet

unfortance

ла

AGENT

Mr. Merivale

If it is advisathe to send the Gorunn copy of this deter, before discecpion on this subjest closed histh the

H. States.

might be as with pachate mark the dess to him

Confidential.

Hmmm 22

Im Labouchere

22/3

Perhaps it may

be as

to wait before sending

to Sir J. B. for

Ms 27 m

I think it may

ہوا

well

Iteve

further comm

be within at nu

Mt. Set the Laws

the W. Stuter

any offences they may

(within the territing

at defiance and claim

mmunity from postice for

the W. Stutes.

C..

(Signed) Clarendon

Inter. Catelutil MR. M.23

it to Land O

B for eifen 9 April F.

SIFIED Freeze offere

3125 cong trong 102

Eimgration

1856 APR 7

April. 4. 1856

Jam directed by

the

on, for the beformention

Earl of Clarmare to traustint

Labouchere,

of Mr. Secretary

a (opy of a desfatit from. Nemifolichan

Her Majesty's

Akerivale bye

}

AGE

the

in China, enclosing List of Wessels abiit left

Aury

with

Jamy

(arlies

in 1855.

four winshobedient

humble servant,

Thist

B. 1856.

innat) ich

יה

Further 14 Jaine /S6 - L. F. vide Your 5049.

Ansund 11 April / 86 LG.

3188 trong trong

ECEM

APR S

185

Foreign Office

April 4th 1856

163

45. Jn 2156

I am directed by the Park of

Clarendon to transmit to you.

い

for the information of No Seratan Lrbonchère, a copy of a despatch from ther Majesty's Pempotentary in Paina, reporting his proceedings in the matter of an appleation

which has seen addressed to him

by the Minister of Foreign Affand 6. Merivale Erg

&164

AGT

of the Republic of New Granados.

requesting his consent to the appointment of Mr Lilies R.

Clas

Burrows, in Amerisan Etizen,

as consues for the above mentioned

Repubic in the Colony of Hongkong.

Sam.

ず

worded for information selge

only. AB. 9 Apul.

V Barbud

In dust.

Mr Whist

"Bouring having permitted this yew . __

to resume

Poundlar du tees

Governer

implies that the has no

the proposed appitomen

M. Labouchure

Mar

to oppose

Inesumi

the app

is what the &

wish for. Many

You

Luserne

Selle

your most Fedrent

humble servant

ution

In hu 3/20/1 165

Copy

1.25.

Mytard,

Saferillendency of trade

Houghing. Jan. 21. 1856.

Shave neceived

from

In the

the

Minister of For: Aff: of

Republic of

hew Grannda an

application bersent to the

komunalini 7

M. Plus. E. Bunns

as Corral for that Republie in the Colony of Haughing.

Mr. Burrows has presented to me his patent of affomntiment.

She

of Clarendon

I have informed M. Burrows

and have written to the

Foreign Missiles at Bogoti

to the effect that application

Pure

TH. he made

to J. Lap.

the

the Representative

lew Granadian Republic

at the fourt of

order wohtein 4M approval

166

to exercise (onsuler Antarity

in this island.

S. James hi

Ат

(Signed) Wire Bonning

PS. Mr. Bansos is a litigen

the U.S. ofer

of Amenca.

гси

the homunalini

Banows, but that, pending

sunt application,

Wht allow

M. Burrows provisionally

28 July 56

loopy to Gove 21 July

I wrthur Answered. 18. Sed 158.

bide God. 11043.

297. april

21/56

استهلها

4172. Song song

RECEIVED

MAY 10 18.6

Fonsign Spie

May 9th 1856.

gì

167

With reference to my Letter of the 20th of March last, enclosing

Серед

Copy of a Despatch which Lord

Clarendon had addressed to den hajesty's kimister at washington

attempt made by the

respecting United Nates' Cousal and the

Commander a Chief of the hunted Hater' haval Forces at Simphong to contest and set aside Hen kapoty's jurisdiction in the Wland and waters of Hongkong, I am directed by the Earl of Caccadon to tranmit to you

Kerman merivate Erg.

Cofpy

Hay arag:

Fr. Jh.

Jan E1 1836.

AGE

Copy of a Despatch from h Crampton enclosing a Copy of a hote which he has received from the United Water' Secretary of

Hate in answer to a

Representation

which he has addressed to kis Excellency upon the above subject: and I am to request that you will lay he crampton's Disputet and its helosure before te keretary. Lubouchere for his beformation. hotractions he wag think it right to send to the

and for any

Severnor of Honghong Thereupon-

I am,

تھا

Your host obedient.

hauth Servant,

168

AGT

Mr Blackwood

This aquies I think

идите

I think a little more

жого

attention. The chays gainal the for. or cather

excustris authorities of HK. made by N. Mary,

in chart 2d C. should seem to concer

cored in

in Mal Bay

altoung the police to pon

braed & Whe Maddison without a warrant. I think dis ) B aught is Zan some dirations as to his duty in

Inot particular: beats Istruld like in the first Vacat instance to Dan Be Lafers Corbid trust, & a statement made how the farts actually

stand with refereme to this point.

I have

one

Am. Mr.I

over all the correspondence

& now anney Extracts much as has been

gone this subject, Wherefrom of so

said on the print of the police

actising wethout.

a warrent.

You will notice the

sidiance under the authenty qwhich the Phice autot.

Lalten

Jalso annex from the 7.0. sending the opinion of the

Queen's Advocate

Meinle

to Governa with referem to Labouéteres dust of the 1 afinil Cast:

The course

Authorities in

questions

puikaps

sending

mild caction

The Colonial

These

misdiction

Lorein iesals

May

upon a case

in one of

-70.

the west India

Colonies

resemblery

This at H. Kong.

I have been conable to

procure this

Letter before.

June.

90.4172 Honghong

E. Hammond Jef

Entered.

M. Mericals 1 July 1856

M. Ball 14 M. is

labouchere 21

Shabouchen

لی

21 July/50

169

his 1856

I am directed by W.

Secretary habouchere to regners,

in refly to your lotion Df the

дож

7th

spatch

May last, Andoing a Puspabe Maglast, a from M. Cramplon on the

Subject A certain proceedings If the American Consul al- Houghtony, that you will lay

before Lord Clarendon for hiri

information, the enclosed

con

cofy

of the instinctions which have been addressed to the

Governor & Stones Hong

thereupon.

}

I have, to:

TIB.

Bata 24. 4:172 Ionistong

Ont

Governor

Sir John Bouring

No 78

M. Minivale 10 Jul 1866 Sir,

MW. BBall 14Jt

MW. Sc. &habouchere.

170

21th Jul (1856

With reference to formes

correspondence on the subject-

Auswered. 7 1 ct 16. 15. A testain procedings of the

11043.

Copy to F. O. 2

23 Jubss

156.

Fb 3 may/56

American Consul M. Keenay,

assuming to contest Me.

Majesty's jurisdiction in the deland and waters of Stone

Kong,

I have now

: mit to son 80.

regarding

bo trans.

farther papers

transaction

The same

On examination

AGENT

the Ordinance under

which the Police acted in

This case,

I am inclined

to believe that it bears

out the view of those Who contend that a Warrant

was not, in strict law,

required. Nevertheless

Concur with Lord Clarendon

that it would be

very

: 3xpedient that the power

of pohis to search Excign

vessels.

to release and releasing parties

alleged to be unlawfully

detained, should, in

Case,

ang

be Exercised without

171

warrant from the magistrale.

Morinty

This should be provided for

by careful instructions to the police, if not

declaratory Ordinance.

I have. Ste :

AGF

172

Copy

Opinion of the Acting Attorney General.

Hong Hong it

November 5. 1855.

Liv

The Monke

I have the honor to advise His Excellency that the jurisdiction of the Magistrates of this Colony extends over all offences affecting liberty committed on

life

board

ships of any nation Gying at anchor within the limits of the harbor of Hong Hony, provided suck ships

de not come under the denomination

of men of war.

The Colonial Tecretary.

173

I have also perived

the depositions in the

the Queen

CAL.

E. W. Nickols, before

the Hontic The Chief Magistrate, and in the

of Maddison

call

charged with desertion from the American Barque "Blondeer","befor Mr. Assistant Mazishale Mitchell, and I am of opinion that the decisions of these Magistrates

are

etly in accordan

in accordance with

strictly

Lavv.

I have to [signed] W. F. Bridges.

in 209.

756.

Extract of a despated from Commodore Abbot to Pir John

Bowring dated November 1855. (paging to 12%.

"But there

are some minor points

" in this matter which require notice.

"Your Excellency, upon the

" authority of M. May, Chief of Police, "states that

arrant was demanded.

"by the Officer in charge of the

that no Warrant

"Reindeer" - that

"necessary by law or

custom; that "no Member of the Police had any

"ilerest oi

art in planning

part

the

" escape of Madison from his contract " of service; - and that Madison has " not been taken into the employment " of the Government:

Mr.

AGE

174

"ansever

" M. May himself vags in answer to the first question, that "when the Police force boarded the

"Reindeer", the Chief Mate, then "Command, asked "by what authority

"the Police came

"understand

"for with

ww O

board". This we

demanding a Warrant,

uch step could be

"taken without one. I refer your " Excellency also to the testimony of "the Mate, herewith enclosed, to the

" same point:"

thal

"Best your Excelling states no Warrant is necessary by

" Law or Custom. I do not think that

combI

"the Ordinance referred " quite up to this point. It gives

the power to board to, but does not " prescribe the made.. I was under the impression that though the

Police

سم

Police could interfere in

"of the peace,

beack

other infraction of

"the law, actually, taking place,.

" without wa

warrant, yet that to make.

" an arrest, and certainly suck

"arrest as this

some warrant was

" necessary. This I had always

English law, certainly

"understood as

" its spirit, if not its letter. The

you avvert is certainly, a

"doctrine

"starthing one-

that in accordance

"both with law and custom

"embroidered crown

" cap is sufficient

"a ship,

expon a policeman's

efficient warrant for searching and arresting any one

" board. Is it to be understood

" that it is the law of the Colony, " and the doctrine upheld by its "Authorities, that " whom I see about

any

one

see about your

of the Police streets, of

all

AGENT

ん

175

"all conditions, without education, "without responsibility, has it in " his power at any time to board " an American ship and take out " her crew, or arrest her Captain!

"I have seen in

in your Newspapers " of houses being entered

being entered and robbed "by persons wearing the police uniform. What is to prevent our "ships being plundered in the "same way?

تم

Extract of a letter from Mr.

W. Farrant to the United States Consul, dated "Friend of China " Office, 5th November 1885. page 33.

"Madison accordingly

event

" on board, and on the Faturday, a

two

" I understood, live of the "Reindeer"" "discharged

men came

to the Police

" Office and informed of Madison

〃

"being

in irons; upon which Mr

" Brand. Pre notified the Assistant

"Magistrate and Sheriff Mitchell

" who directed him to

on board

" and release him. To Mr G's application

was told the

" for a Warrant, " uniform of the police

was D.

suppicient

"Warrant. Finally Mr Grand Pré

wrote his name in a

in a book

AGENT

176

" Master's request,

ах

acknowledgment

" of Madison being received, and at " Half past four I. M, Madison was "brought

shore, and by direction

" of the Assistant Magistrate placed " with boarding - house keeper Mitchell,

"until his case could be heard.

"Tuck, to the best of my.

the particulars

are

"remembrance, " you ask for, and which

, no doubl

" Mr Grand. Pre will readily, confirm "if applied to

་

Extract of a Despated from Sir John Bowring to Commodore eAbbot, dated 1/6th November

1855-

+ - page 148.

" With reference to the

"documents you

are 0

good

" to enclose, I have only to remark

" that the Depositions of Thomas " Cadill (position and profession not

" described) and of James Mitchell, " are maich, composed of hearsay " statements, such as no

Count of

" Justice could entertain; - and that "Mr William Farrant (whose letter

whe

" you forward ) is a person " was dismissed from the public

"service some years ago, on

I that he had.

"ground

the

statements

177

statements which he

"nable to substantiate.

Extract from Report of

th Your

Mr. Grand-Pré, Assistant Seept of Police, dated 10 1855- page 60.

"Next day at about 44. P. I,

" two sailors accosted me at the

"Central Police Station, and said

" that Madison, the Carpenter of the "Reividear", had requested them to " come and inform the Police that. " he has been it's treated

and w

"Land - cuffed to a

geen

board the

" ship, close to the Calin door. Upon

" this information I called

Mr Jay

" and reported to him what I had " heard from the tivo sailors.

" Mr. May then said, although".

Live

178

AGEN

" have authority to go on board any

Harbor, yet you had

"ship

"better soc

the Magistrate and get

went to the

"a Warrant." I

Assistant Magistrate, being close at hand, and the Office being cloves,

and told him that I had been sent

endent of Police for an (explaining to him at the

by the Superintendent

Warrant

same time of the

bring

shore

currence //

love one Madison, Carpenter

of the "Reindeer ". The Assistant Magistrate

said that

any

man

a Marrand

not requisite,

Police Officer could bring

the

hore. I told Mr. May what

1. Asst. Magistrale had said; be then

ordered

pne

to go

board the

"Reindeer"," with tivo European Constables

(not armed) and bring Madison shore. I got.

Ok...

on bowd at about 5 P.,

5P.M,

and inquired for the Captain, on being

tot it that he was not on

not on board, I

}

enquired for the Mate, who immediately presented himself. I

said

"I have

"men

com e

to zet

I one

дев

whore, the one

of your

handcuffed to

" the gren" - pointing out the

Mate asked me

the

ゲーマ

by what auttoity. ?

I said "by the Police, the male took the key from his pocket and unlocked the handcuff. I told Madison to get. a verit of clockers and come on

whilst be

VAA

را

whore

getting his clothes the for my address,

Mate asked me..

ked me for m

and opened

book with several blank

skects, and I urall

my name

the

top of one of the sheets, as follows-

ха

Mr Alexandre Grand. Fré

Assistant Peperintendent of Police

trong tương

Madison in the meantime had got

his chest of clothes to hung

whore.

I said, "no, I'll not allow you to bring chest, but only one suit

"your

" clothes,

to morrow

it of

- is Sunday

our

Enquired.

MadisonT

}

AGE

Madison

shore with me, and

on y

was in the Central Police Station

{

when ke

I told him to get

one

of the Boarding

House Heepers, whom he knows, to give bait, and also to be with, otherwise he

would have to 's

until the

went and

CAIR.

stop

in the charge

decided. Madison

gol James Mitchell for his ety, and went also to live with hem. This is all that occurred as fen as I can recollect. With regard to the conversation I had with Mr. Farrant,

Jamnol anything mor

now written."

of having

vaid

than what I have.

that in the wholl I had no olter

In conchesion I must beg respectfully to say that in of the proceedings feeling than that of carrying out the duties of the Office entrusted to

me,

and without

any personal interest towards Madison or any

other person."

In 2635

756.

179

Extract of a Oberpated from

Lord Carendon to the British

"to

Minister at Washington,

March 14. 1886, of which

dated

copy has already been vent by the Colonial Office to Sir John Bowring.

a matter of discretion,

"it is to be regretted that the "Officers of Police did not provide "themselves with a Magistrate's

"before going on

warrant

board the "Reindeer,

" but considering that the representation "made at the Police Office "thal Madison was at that time

evout

" subjected to undue violence, H.M's "Government are "Afficers

of opinion that the were in strictness justified

" in acting as they did without.

а про

-rrant.

180

Extract of a letter from Fir John Berring to Commodore

Abbot dated 5th November 1855.

"will

"I hest that Your Excellence

see

Excellency

from M. May's statement,

" written in reply to questions put "He him by the Colonial Secretary, "that no warrant was demanded

"by the officer in charge of the

"Reinde." _ that

"necomary",

ant vous

either by Law or lesston,

"What the case

"not

one

LAVACA

being

criminal.

which it was necessary

I to take through the

"Consul, _ and that the convve

ted aros

"adopted "followed

that invariably

all similar occasions.

Extract from questions pret to Mr. May, Terperintendent

се

of Police, and the answers given by Kein.

"%.

"Nan

Warrant demanded

by the Officer

ffices in allurg

charge of

"visited her?

"the "Reindeer "when the Police

C...

The Assistant Superintendent,

upon going

رو

"Reindeer, nawe

board the Bargus

The Chief Monte.

" of the Thip, to whom he expressed the object of his

coming. "board, viny, to ascertain if the " information received by the

"Police was correct, that

seaman of that ship had been " severely beaten and placed in

" ironx, and if

no to take him

181

" shore to make his complaint to

istrate : The Chief Mate replied

"Magistrate

"that the

is in crowd, and

" asked by what authorch, the Police

"came

board -

the

a mida.

that the Preferintendent of Folice

the order. Thereupon

"Rad

ven

given

the

" Chief Mate wait that be would

"deliver

over

the

and

"immediately released the man. from " irons. The Chief Mate requested

that the Assistant Superintendent

" would write his

Mra

ain a

book,

" and this the latter did.

Was a Warrant necessary

by Law or Custom?

" A. Warrant was unnecessary

" to authorize the Superior Officers Newser, Raving

" of

Police to board

any

Cross

cient reas

sufficient

" that a felony

to apprekend

or misdemeanover

" had been, or was about to be

committed. Pea

wer: VII And: 14 of

" 18115. Upon the fact of the

" violent assault and imprisonment

of the

Fearnan

Madison, it was

"the bounder duty of the Police: " to have kein released and place

" him in a position of preferring

mplaint. Indeed ther

1 vas

fre th

"power vested in the Police to

"apprekend, without warrant,

person

any who had committed the

assault particularly referred to

or detection of all felonies which

has pist cause.

all property the Harbour or Haters aforesaid, and to lake and aise to take charge of a

upon

in suck felonies the effectual prevention suspected of being concerned to suspect to have been or to be about to the committed in or sary. to take all neces

into cus

врач

ail pervor suspected to be stolen

conftimed 7 May (40

* . VIII. And be it further enacted and ordanied, that it shall be lawful for every Superintendent, Inspector, or Jirg.

Sergiant belonging to the Police force, having jurst came to verspect that any felony has been.

bourd of any ship,

or is in bout to ine committend in or on

boat, or other a cssel lys of in the dearbor or waters aforward, to enter at all timed, as well by night as by day, into upon every such whip, boat, or other vessel, and thereen

and

Copy

Circular to the Governors of all the Colonies.

June 1886.

Tir,

182

love and in deal!-

Dofes

The attention of

to P. V. Offer Her Majesty's bovernment. papprecone by has been recently, called to the inconvenience of

the practice into which the Governors of Ser Majesty's Colonies are occasionally drawn of

con

mmunicating on questions affecting Foreign Countries with Captain's of Ships

of War belonging to those Countries instead of the

proper

Consuls or Consular

}

Agents.

ז:

183

经

eAgents . I am therefore.

to instruct

ай

ого а

you general rule to decline

all discussion on the

acts of your administration or the conduct of Officers engaged in the Civil Service of the Crown with Naval Officers Commanding Foreign Phifer

of War, unless it be the Ship of a Country not

Laving any

Consul or

accredited Agent within

the Colorry under your Government, or unless

there should appear

you

to be

sorne

special.

cicumstances demanding departure from nemal

practice.

practice. Should any difficulty arise in the discussion of questions affecting the relations of this Country with Foreign Powers, the most prudent course for you

purove, unless

circumstances should

necessitate immediate

action, will be to reserve the questions for arrangement by the Governments of the

respective Countries.

I have to

}

4172 HK

W Ball

I detained there taken to

184

compare the case with that which

occured recently at Antigua, but though

are not sufficiently

analogous, they

similar to render the Antigua opinion applicable - The difficulty here is,

that the police cartainly achd under the dirct authority of

adin

ame

which by evident implication disfenses. with the recessity of a wauant. Shle it in driously Expedicul that they should In armed with such a comment when Bey search in foreign vesel on suspicion of flony, & I think dir J. B. stmed h Wd that this is it Lahan heris Opinion, at the same time sending there Lakers.

It has been virtually so instruch ; aleaty,

by sending

him the extract of 20 Clarendon's

desfalt of Mant. 14.

I concur

сил

Jtm 177

Copy of the Instructions of gut for. Off.

yes

mis WJ

M. WhG 10.

SA WILLIN

AGI

$4172/16

вытерь

185

solopy

My Lord,

2o.

94.

Washington April 21. 1886,

with reference bring despatch

of the 15th brat, enclose

inclosing

this

Way of a note which in Bedince

to the instructions contained in

av.62. of the

Y&i despatch ev. 62.

Welto.

Paddressed

cut to the

5 for f

the Estates on the subject of

an attempt by the Contal of the

Estates at Hongkong the in (hief of the

Commander in

American

action at that

Island Wret aside this.

juunisdiction in the island &

Hongkong,

water

The East of Clarendon

I have

how

абра

how the honour bundone adding J. W. Inarcy's reply tomy communication of

J. L. will perceive that the for? : of the Estates has not sustained

the Couaul or the (ormmodore in the pretensions which they put forward

oze

the acccasion in question,

but that to Marey is at the same Time of opinion that the course Jurenced bythe British Authorities

at Hongkong

was in some,

Expects objectionable & furniche,

pists grounds for complantion

the part of the for of the UStates.

I have

ка

(signed) Johnthampton

Copy

Sin,

224172/56

186

Department of Shake Washington Apoil 19, 2014

I have received

note of your

1856

the 15th Instant, with several inclosures, relative to a misunder-

Standing between the United Strates Contul at Monghong

and

the civil Authorities at that place. The subject had previously been brought to the notice

J. F. Crambition Esq

187

his

presentation of the case differs from yours yet the

of this Government by Contul M1⁄2 Keenan, and some of its Naval Officers China Nation.

Before your

the

communicatio

came to hand, a deshatch

had been written, by direction of the President, to I Keenan, presenting his views upon the

occurrences at

regretted

Though

at Haughey

Houghing

in some hartensan

[

his

main facts in the her account

are alike.

This

Government has anot

sustained its Consul at Hongkong

in his claim to the sole juris-diction

Kone,

over the "Beinder" and its Officers and crew, while

in the Harbour at that place.

This Government does not okkly the doctine

doctrine of exterritorialitus

to its private or merchant Thicks

his

188

Foreign

in cates

Ports, except in where it has been conceded

by threaty or established.

nrage; and it does not pretend that it has been

to conceded in criminal

cases to American Inerchort

Tepels

in British Ports.

While the Government of

the United States does not

sustain In Keenan in the

large

}}

large powers he claimed as United States Contul at longkang,

سا

and have to informed him,

there

are some

features in this

transaction to which the

President directs me

to call

the attention of the majesty's

Government in the expectation

that a course will be taken in future which will bevent annoyances and injury to American Commerce.

While

AGI

189

While each County, unquestionably

in its own..

can

exercise Jurisdictin

own Ports. over the private Merchant vesels of the

other, it is presumed there

a mutual disposition

botin tides not to exert in

a v

way

which will interfere

with the broker discipline of the Ships of either Nation. If every complaint

my individual

of any

of the frew of a Vessel against

the

Officers for ill-treatment is to be taken up by the Civil Authorities on Shore,

there Iffions prosecuted as

and

criminals, commercial intercoven with be subjected to

vern great

nce and serious detriment.

annoyance

While the thiet night to

Jees

be exempted from the Juristista of the civil Authorities is not claimed by either, courtesy and comity have inclured a forbearan

всагани

190

To excrcite that

that right

right except extraordinary cases. It would

be much

regretted if there

were to be

атер

any departure from

a couse which is salutary

in its effects upon the commercial intercourse of beat Britain and the United States.

I do not brohose to

discuss

the several points

Mr Low kinaen

kho

of the

the contionery officers of

between the

this

Government

a and

those of Her Majesty at laring

het I

confident that the

course of the latter will not in all particulars, be akhroved

by See Majesty & Government.

The act of the Police in

ng on

going

board of the Reindeer,

releasing Madison, and taking

him away without and

authorit

の

ани ж

from the Corbet

AGE

191

was a

a civil Magishak, proceding for which I find justification in the hater

по

furnished to this Government on either side. If the Police at Hong Kong, have been invested with fuch

unvonal hover, there is reason to fear that mischief will frequently result from the exercise of it. As no Authority for such a broceeding

part of the Police Ifficers

is shewn, I adopt the conclusion

that their conduct in this rerfect was without the warrant of Law, and therefor furnishes a just ground of complaint. If there was no authority for taking Madison from "the" "Reindeer"," he cright

to have been restored to the demand of the United States Contul. Her is the case

the

much

much altered if there was

authority for the conduct

the Police. Gradison was

Fahen

there

from the

"Reindeer", as appears for

no other hurkose than to

Captain

witness against ontain criminal charge.

Richols or

on a

was

After his festimony Faken, he ought to have restored to that trick. Br

this

this grou

192

the

ground and not on

that the wil Authing

ground that

at Hong Kong

was bound to

ahhrehend and restore him

because he was a deserter,

was

founded the claim for his return to the Tessel from which he had been

Fahen.

It was my intention

to have remarked upon

the

|- -

the proceedings against the Keenan, the Américan Consul, on the charge of being

concerned in the rescue

میں

Captain Nichols, but informatio

though not official, had just been received that the

prosecution has been abandons.

Athon the correshondence

which took place between Commodore Abbot and Captain

One Cluney, of the United States

кана

navy,

か

(

193

navy, in command in the thing Leas, and the British Authorities at Hong Kong, I will barely

remark that these Ifficers

appear to have adopted the the United States Consul

Views

in relation to his sole Jurisdicti

over American Merchant Tefuls in the harbour of Mong kong, and expressed a determination to sustain him in his brethimin but it does not ahhear thas

they

194

any act which is

as a distinct around

they did any presented of complaint. They

ground

as well

as other Officers of the United

! Fates havy, will be abkrised of the views of this Government in relation to the howers of the Consuls of the United

States over American Tessels Foreign Ports, and there

apprehension

can

Heat they

will not act

(

in accordance therewith. I avail myself

myself dan

1) WL Mary

rea

тер

ווי

Answered 13 June. /ob

4020 trong tang

RECEIVE

MAY.23 1950

Foreign Office

May

22. 1856

195

I ave directed by the Earl of

[launder to transmit to you Copies

the Hanseatic

of two notes from Iminister at this Court, requesting

that Exequations

may be granted to M. Ludiving Wiese who has been appointed Consul for Hamburg And for Bremen at Hong Kong:

and

Jam

will

move

that you

request that

M. Suntary

Labouchere to

Jerman Merivale Euß-

inform

Lord

Clarendon

AG)

(larendon whether these Exequaturs

may

be issued.

Jam.

Your

ir,

most obedient humble Servant;

mite ace to M. Balli form.

May.

hm May 23

M 22, My

there

ير مزه

NYUG 2

Despr

for 61

My Lock

London.

24620

48 Brook Street 196

frozener Jouare 16th January

1838.

"I have the honour to

inclose an authenticated Cy

and

of the diploma, whereby the Senate of the free Hanseatic City of Hambay appoints

Mr. Ludwig Wiese Caoul of that States at

trọng trong

and to request ye to

Cause

the

atur

aled recepeary to crablehin

Mlaremten

ел

AGE!

to enter upon his functions to be laid before HM The Queen for Signatuere. I have further the honour to state to y2 that Mr Ludwig Wiese is the Partner of the firm of Mep. 9. T. Siempen

& C Canton & Monghong

I haves.

established at

Zued)

Rücker

In 4620

London. 2 Vertebry Square

My Lord,

May 20th 1858. 197

I have the honour to inclose a Commission signed by the President of the Senate of the free Hanseatic City of Arenew, appointing Mr Luding Wiew to be Conoul for Aremen at Hong Rony L to solicit the fave of Yd to cause the requisite élép да to be taken to obtain the

Exequatier of Her Majesty. I have the hover to State that Mr. Ludwig Wiese is a

Partner of the

firm

[

AG]

form of Mess. §. 5. Licensin ilcctabliches, at Canton

& Ronghong & that & have already

takea

the liberty to apply tonce before to Y for ane Greguater favor of the aforesaid Mr Ludwig Wiec on the 16th January last, on his having been appointed Consul at Hong long

for Hambay.

I haveke (Lignel) & Bücher

7251

leopiy

to F B 12 Duty (B

A barresse

selit to F. C. for

bony 4689.2.633.838 46.0 mily

Berivate boys

5082 vong trong

RECENED

JUNFLO 1856

198

Passengers Act Freign affue

June 7. 1856.

Jam directed

the Earl.

of Clarendon to state to

you that His Lordship

forwarded to His Han––

Bousing a Copy of your

Letter

the

of December

Last

last, selative

to the

Pusstager Act; and som

how to haustiul to you, for

the information of Mr. Secretary,

Lubouchere,

Copy of

desfatet prone ther Mashrunge

κι

hi Chiria

Upon the

the same su

Jawy

ركز

гроби

From hisst obedient

Fucker diffiantins

humble servant

истов

en presen

зорати

Ay yu

20 the [/mm

Passengers

dinct for th

Ginger H

he 100

199

Mr. Blackwood - I wish to ace the recent correspondence with the admsatte.

M.4.13

M12 Im promised

between ender

but in to consider whether the recent orders of Normally, do not suffice well

Whenever you I arrive 11 be the

the mean time it may

to send to the For. Office Copies Fall the Correspondence betways

us & the cou

meluong the orders yound of which a

$72 f

cony was sent

AGE!

1-.-.

بد

Cohen

|·

100

My Lord,

ん

5082

1500 200

Mongkong

March 27.1856

27.

The

In reference to Your

Lords hing

Despre 12° 243 of 8th Dec. and

22° 12 of 2nd Jan: Last,

the

subject of the Chinese Pasenger

hot, I have forwarded Cohy of

the latter despt to all the onsular

Authorities.

I have no doubt that the

Consuls with give earnest attention

Earl of Clarendon K.

لمعه

||| |

{ /201

AGE

Your Lordship's instructions, in

the localities where they exercise

jurisdiction :- but the abuses me

most rife, and the real difficultion present themselves in those parts and places where we have no night to trade, where no Consular Authority carts, and where, in

consequence,

the humain intention

of H. M. Gost will almost

certainly be thavarted.

I have had several -

interviews

THE

interviews with the Naval Com

in Chief, who will no doubt

convey

his opinion to the Lords

of the Ady. I understand them

to be that the Praval Authorities

might in

no case to initiate

proceedings against British

vepels offending against the provisions of the Rot.. that there

Raval Authorities are

only to be called upon by the [ish furstone

and to bend auxiliary aid. Fir

James

James Stirling thinks that the

Not of Parts affords no adequate protection to the navy, except when

it acts under the requisition of

the Civil Authorities. His opinion

is not shared by the Attorney Gent, on by myself, but it is perfectly obvious that the not

altogel on a dead

of Part is

letter, if the active assistance of the naval Authority, cannot be counted or in places where

ト

}

I 5002/ 202

no Consular or Colonial Authority,

exists.

I hope to forward to the

Colonial Office by this mail

copies of correspondence with

[ in James Stirling, on the subject

of a

vefsel which, in this hardon, has been shiphing Chinese

passengers for Australia, in uta

utter

disregard of the Art of Past to which this dept refers.

го

To doubt the subject with

engage your Lordshiped attention

and

and that of the Colonial Set,

with

a view to the repression

of abuses

by the cooperation.

of H. My Ships of war in klaw

to which Ships of war have

alone

right of access.

I have ye

( Igd) Ahn Bouring

5021 đọng trong

0.0.

JUNE26

1356

203

Porign Office miliony June 23. Wst

Govern

istructed

Braft

July / 36 - N. 71.

with for. 3043.

Sir

" I have laid before the Earl of

the 14th

Clarendon your

letter of the 14

instant, enclosing a copy of

despatch from the Governor of

Hong Kong, drawing attention to the prompt assistance madened to the Colonial Authorities by Mr Iceman, the United States Consul, towards effecting the captive of t

capture of kine deaction

from the Garrison, who were

szereted on

Herman Merivale Ef

Aú

board

und

American

Whaler

Whaler, and I am to

est that

request

you will state to Mr Scentar

Labouchere that hord Clarendon suggests that the thanks of Ster Majesty's Government should be to Mr Keenan through

conveyed

Governor Sir John Bouring, for the promptitude with which he assisted the Colonial Authorities on the recasion

In question.

I am

Sir

Your most obedient

humble Sewant

M. Ma

Meit.

Write and to Governor

2. Pl26/6

Mr. H. J. Bairies informed of his Appt so July/st-

Braft with D. 4/53.

shu Hang động

RECED

MED

JULY 5

1856

Ferrign Spai

204

July 5th 1056.

With reference to your Letter of the 8th of Marel last stating that to Secretary Labouchere And no ofiction to the offer of the appointment of Her hajictes Ament at Banghot in Siam becog

Sam

made to be Hillier, the chief hagistrate of Hongkong, I am

by the Earl of Clarendon

directed by

to obute to yon,

for tu Reformatio

of her Lubouchere, that lar

Kerman herivate Exs

Killier

-i

Sillier Laving signified his acceptance of the apportere in question, hes Commifion as ker hapitis Consul at Banghot

with be forwarded to him by

the hail

the 10th hush.

I am,

am, si,

Jour host shedrinh

hustle servant, Hammond

Merivale

appinitrent

arew

The deep was prepaid some thing signed.

Hm Jukey a

This

You

THILL

Sovernor instructed 16 July/56... N° 75.

Ausid 18 de 56 L. F.

жеде

дол

11841

hii

6101 trong trong

RECE

JUM 3 1826

ды

Dreign office

July 5.1856

205

I am directed by the Enclof (daccndon to state to you

that he has referred to the Law Officers of the Crown your letter of the 26th of

a c

May last excloring of a Despatch from the

сору Govenor

of Hongkong complaining ира

a certain act passed bey

the Legislature of Victoria,

with respect to the introduction Chinese Immigrants, and

I am to transmit to you - here with, a copy opa

John Ball Expre

ہو

да

Report

⠀

206

Law

which His hordshich has received from the Officers upon the mbject

of the above mentioned act and with reference to the concluding paragraph of that Report, I am to request that in laging it before

Mr. Secretar

Labouchere, you

will move him to mistruct

die John Bowring to state what "sovereign Treaty" he alluded to in his Despatche

Ne 43 Commercial, of the

13th March East, as

having

been interfered with by

the

the action of the Colonial Legislatme.

I am, lei,

Your most obedient

humble sewant.

Hammond

AGEN

Mr Mist

Lick

8 feally.

ав

die Johan

Amany

the

unciation of

11. &

de my days

Hmrish,

of his demus

He Victoria for?

Flops.

01W/ WH

Conta

lov 9927

сво

4802

9.6.670

207

1. When Bouring

NNNTE

MERElliot

sy5

1856 JULY 14

M® Merivale /

Y&J. Ball

#Berlebenchere M

lo. Mu

سو

Миний

11041

16 July/56

With reference to

your despatch & 4s of

the 13 of March lash Share to request that

you.

will state for the

enfirmation of S. Mir:

Government to which "Tourign Treaty "you

ar beving

allude a

вин

auf interfered to with

the action of the

Legislature of Victoria.

Shave

сор

Myhard

208

2 6101/50

Docters (mmm

June 30 1856

we are honored with UK commands signified in Mr Hammonds letter of the 29th May Ult: stating that

re was directed to traumit to us

a letter from the Col: Off: inclosing a copy of a desp: from his / Bowring complaining of a certain Act passed by the Legislatie of Victoria with respect to the introduction of Chinese Munishit упиширить rogether with a copy of a report prom the Emigration fommins?; and to request that we would take the enclosed papers into consideration and report to th our opinion thereupon.

In obediences to the command we have raken there papers into

considuation and have the

honor

MaundenP

honor to Report.

That we do not ree upon the information before us, that the Act in question can be considered illegal.

We are not aware of any Treaty

грани

with wh it interferes

лше

request

that the particular neaty adverted to by tir J. Nowring in his desp: M. 43 Commt, 13 March 1851 be printed out.

whaven

Signed ID Harding

#.L. Cockburn

Bethell

may

Sovernor instructed 25 derly/560- Ansund 19 Depot LI

Gore 11649

No 81.

100

49/50

от

fir,

Кот

6294 trong đ

3: 16

156

Foreign Office.

July 14.

209

1856.

I am directed by The

Earl of Clarendon to

transmit to

you a

Mapy

of a Nate from general agholm,

the Danish Minister at this fourt, relative to the Administration of the Property of the late M: John Rusk, the Danish

1. Merivale Expre

вс

Consul

AGE

Consut at Hong Kong; and I am to requent

that

you

will

move

Mr. Secretary Labruchere to instruct the Governor of Hong Kong to carryout the wisher of the Danish Government in this

in so far

in this matter,

as the Laws of

The Colony will permit.

Sani Jir

your most obedient, humblelervant

Shelling

210

AGE

Mr Merinle

Instruct the Governor accordings.

Om mil

A13. 16 fuel.

Enta

Goven

S1.C. 6294 H hany

Sei Dohn Bowring

}

211

25th July 186

1856

MINUTE MR

JULY

18 Ar

VeElliot Merivale 16

MJ. Ball

SecIntoshere I

Fr.C. 14 July

Horse 10 Pet

90D 736 11,049 12 Now/56

273

At the misteries

Lov

of the Cast of Clarendon

you

I transmit to hamwith the expey, f.

Nate

from General

Cacholen, the Danish

Minister at this Court, relative to the administration

of the Property of the

tate Mr. John Burd,

the Danish lowel

ив

at Mary, Mary, did

have to request you

evill

wishes

carry

out the

He Danish.

of the

2260

亨

Gout in this matter.

in so

far

the

botony

Saws of the boto.

write permit.

12.

Coper

212

Legation de Danemark

le 9 juillet 1856.

Monsieur lefoute,

грам

Par testament des 3 Juillet 1852 fax

le (onal du Roi à stong kong, IN John

Burd, institun

Ame

fille Berthe Mare

epouse Klingsey à Copenhague, tom héritière universelle, sous la condition,

bein fonciers he

toutefois, quesen

seraient pas vendus durant la vie de sa fille, mais aduunistes pour les Exécuteurs du testament.

L'un de

actual au

ceux-ci est le Consul

Roi à Hong-Kong, IN Block

at comme V. 2. verra par le traduction

ci-jointe

(

dane lettre qu'ch a

adrepie an Conseillers de pustice

Howity à Copenhague,

cette

stipulation du testataire est an

Lorthlarendon

plus

}

213

plus haut degré préjudiciable

intérêts des héritiers,

and

on que, par sute

de circonstances, ils pourraient être exposés à voir tout l'héritage

مر

anéante; the chame Klingss

done petitionne le fous du Roi pour que cette stipulation fut

changée,

que

Ces bren's immeubles de

son père fussent vendus,

l'argent,

fût déposé んこん

que

realisé par cette vente

Art

Conseil auprême

de tutèle à Copenhague. Mais,

commefen Mr John Burd, been

'élevé depuis on plus tendre

enfance, en

Danemark, parach

avoir été né en

Естре, дне

testament a été fails mustertore

مجھ

Anglais

et que

Ces exécuteurs

{

५

refournent egalement, 4 fout de

Roi a

cra

me pasêtre compétent à

accorder cette demande; j'ai done

леди

l'ordre, M. le Comte, de commettre cesfaits à l'attention

de V. E. et de la prier de vouloir bien s'intéresser à ce que le fourth Britannique parmich que,

consentement

de tous cant que ce

y sont intéressés, les bien fonciès

de fem M John Burd Sorent

vendus

& que

la somme qu'on réalisera soch gérée par le Conseil

suprême de tutèle à Copenhague,

le fourt

oca

Roi garantirait

seraits

alor

que

and

volontés

Anglais

cette somme

administ. ic conformément

volontés du testatainen, elles interêts

heritiers eventuels persient

des

sauvegardes ausi

bren

de Madame Klingren.

que cend

сеня

J'ai l'honneur defoundre, Sousceply, copie du testament

V.l.de

prie en question et je force bilde me

la remettre

tems convenable,

de saisis cette occasion di

(Signed)

W.Osholm

July 9.18560

город

Jeni Ooholna

1385 Hong Hing!

JECEIVED

JUI 13 1826

Foreign Officer Luty

214

16th 18.56.

our letters

"Which referme byour

of the 12th of July incloxing

Correspondence with the Boar ! :

لا

of Admiralty respecting the franner in which Her Majestzi

Copy to LB 30 July /55

Around 16, aug 56 L.F.

Land &

으로

Raval Forces may

دیکا

may be complayed

: prving offect to the Chinese bet, Iam direclect

Papenger

will move

by the Earl of Clarendon to request that you For Secretary Labouchere

H. Merivals que

AGEL

to inform

him whether the

tinterference wit

with foreign

Ships sanctioned

that

bet is limited to

limited to interference

with such ships

British Port,

ships in

such interference

whether

can extend

to the removal in British

Custody of a foreign this

Butish or Foreign

from

Port

215

Post tow British Post at

which an helmuer

Admiralty furt

is extablished; and whether

there is any preccolent for

such interference wist.

foreyin ships, whatever

be, provided forby

may

the lect, in the legislation

of Foreign Countries, and Snore particularly in that

the United State.

Sam Sin

quast Sandwit humble Lowvant

Hamment

M. Merivale

Land Board I presume

I think

مردی

5 July.

AGI

}

Joi,

6001 trong động. 210

JULY 23 1856

Foreign offer

July 26th 1056.

"I have lunits before the tart leler of the

of Classeidon your

othe

inleringe

28ub matant meld

Copy of the

Instructions which

I. Lucretary Labouchere has addrefects to the fovernorg. Hongkong with reference to the attempt made by No. Keenan, the Coural of the United States, to contest

Her

Jl. Merivale Zer

ке

Ха

www.

་་པ

Her Majesty's jurisdiction

in the Saland and waters

of Hongkong ; and Sam &

at that

requent

you

will state

& M Labouchere that Loud

Clarendon

Those

comen

Instinctions.

لبه

Forward the despolch.

Mr. Merivale.

28 feels

Jam, for

Your moth Bedient

back

th. b

humble Lowant

------

God 5046

a2 5724

any B696

5 For: 95.11 Aug/6.

August 4

Sir,

7099 Hory King 217

Passengers act

WED

AUG

1856

Foreign officer

August 8th 1986.

I am directed by the Earl of

lo-

(arendon & transmit byou,

M. Suretwey.

be lanib be

before

Labouchere, a copy of the Report

of the Low officers of the (rown show

the

correspondence transmittal letter withis department

In your

of the lead ultions, relativn

o the violation of the (fine

beb-le

Capenger heb Lailing

H: Merivale Eque

by apels

under the Sandwich

Slands

blands Fay

Sarfari

Your most obediente humble servant

Mer Merials.

The proposed Despetés. to the Germany

How Justeed _ the Admilly have

expressed

вилини

Shelbay

ん

LA is h light

207 m

Hm A G

In 7099

+56

218

Диевтрично

Doctors foumons Augth 4.1856.

Copy.

My Lordy

зель

"We are honoure of with gli sommand

signified in Mr. Hammond's letter of Lulz that he was directed & tramning

24. shi

مسلم

Stating

letten from the Colonial offere incloning

a copy of a desputed from the fovernor of Roughing, legether with at shy of the reply which to Leer Lubouchere propose Breturn bit, relative to the violation of the thinn

Papenger Act Glast session by two expels

Sandwich

Glery of the Sand

duiling under the Exlund, & torequent

that we would

Entre there papers into consideration a report toys

sour

pinion thereupon.

In vechiiin tyti commands we have tatin Huse papers into consideration & have the honour Breport that the reply which ho. Labouchers proposes to transmit & etc.

to the disputes

on this matter

of the fovernor Athongkong appears tous to be right as preoper.

Clarendon

We have so

Lottarding

(signed) Alfast 10

AGE

}

Answered 25 Augustsole.

June 19/56.

نمایی

1348 trong trong

HFCEIVED

AUG 15 1856

Foreign Office.

August 14. 1856.

I am directed by The Earl of

Clarendon to transmit to you a

219

translation of a note from mousew Pombs, the new Granadian Minister for Foreign Affairs requesting that

be Mr Silas E. Burrows may

recognised as Consul for that Republic at Hongkong, and I am

to request that you

will lay the Labouchere

same before mr Secretary

and that you

will move him

to cause Lord Clarendon to be

informed what answer should

ferman Merivale Es.

be returned to M. Rocubs.

Jaws Lis

Sis

am.

your most obedient kumble servant,

Shelbuny

The Earl of

refer to mee ines Letter pon this which said the appuntre

مرون

15 auft

MINUTE

Entered

Elliot

HR Merivale

W®J.Ball

F1.6. 7340 H Knihy

The thurve

[1856] 'AUG?

Sec:Labowcher 23

220

28th Aug/st Any/56

My Lovel

Iamo directed

کیسے

by Mrs Sears Larg Letoon

это веслят

center your Lordships

better

Ansue? Augs of sto

7913.

+42

111 Irist

scatine to the

morgnition of Me

& Baraws

Consut for

Ace.

Republic of Nav Grensador at Hongtany

Le M

Insepty

Laboucheres descres

refer you to

o the

letter

14 Deve

Joust

AGE

Heats

210

:stating objections existed

to the appointment

The Burrows to

the Office

feel in

Ja...

question.

Hill

My Lord,

Copy

The

£7348/50 221

June 19.1856

Bogota June 19.

I have the honour to acquaint your

Excellen

Barrows

that MW. Silas 8. Bun

has been named Consal for new

Granada in Hong Kong and its

dependencies and that his letters

appointment were ewarded to him

in October 1855., when due notice

was

to the Governor

given there of of that British Colony.

Lupposing

that there will be

as impediment to this appointment,

I solicit your Excellency in the

Za me

of any gevenement to obtain He parision of Her Majesty the

the

Earl of Clarendon th

Lueen

....2

}

Queen that Mr. Bumos may recognised in his prcular (haracter,

in order that he may take care of the Commercial interests

of the

Republic in thine distant Regions.

I have r

(signed) dono de Combo

50.7348

3188

Cow. 504

5049

Gor. mabicctice 6. Seht /66.-108.

Aft with Gov. 2049.

xoa. Hang động

RECEIVED

THE LM, Foreca office

SEE 2

1856

August 30 1886.

222

with reference to your letter of the

25 the Ristant, Jain directed by the

Earl of Clarendon to transmit to

lof

you a copy of a note which tes Lordship has addrefed to the

hew franadian Minister for Forcep Affairs, respecting the recognition of MrSilas E.Burrows, as new franadian Consuel at Honghong; and I am

to request that in laging this note before Mr Secretary, Laboucher you will move him & cause the recepary distructions to be sever кесераль

to the Governer ofthinghing

Herman Merivals 16

to confirm the recognition which he has provisionally granted Wher Sclas E. Burrow in the above

capacity

Wineho

State

Instruct

the

Governor to contin

Laur

аш

دران

Ser

yourmost obedient

humble servant

تھا

Burrows

Mr. Blackword ". Jess.

draft:

гра

Та

Shelban

lopy.

Sir

7.0.

647913/58

Ary: 30.1856.

223

I have the honour to acknowledge

the receipt of your note of the 19t of June last upon the subject of the

Mr. Silas E. Burrow appointment of

as Consul atttingking for the Republic ophew franada, & I have

in reply

to acquaint you in

that

that Gentleman has been recognised

by the Gov opttongking in the above capacity.

I have to

(a) In the absence of The Earl of Clarendon

Don Luis de Combo

Shelburne

ای او است که با شور در باران در کرمان:

Manith

1929 trong đồng

RECEIVE

SER 3 1856

224 / Passengers Act

Foreign Office,

September 2. 1056.

Referr

Lan Report-050P. Aus. 26. Sept. 166.

Copy

to addmer

Goor mist

for infe 23 octifst. Traft with 5:0

with FxB 14239

9197.

lo transmit la

directed by the Earl of Clarendon

you

to be laid before

Mr. Secretary Labouchere

the accompanying Copy of

Letter

addressed of Her Majesty's found at Manila to the Excellency Sir John

Bowring, repanding the application

of the Chinese Papenser Act " torryaps -China and the Philipines.

between

I am,

Sir,

Your most obedient,

humble Servant,

Shelbuny

Verman Merivale Gre

W. Elist

Mr. Blacker's

Seps.

it suppose that we shall Sid hear from two J. Bowsing ar Everior upar this subject

внима

but in the meanwhi

the letter

may

forwarded to the

2. As for repat.

4 Sept.

...

Wee 850f

225

AIT

Entered:

Eta Earb

AUTE

2856 SEPR 20

WPiot Merivale

Dft

Call

Buchare

I. 6.

L.B L. B PEOP

792.9 Jos siy

of Studden

WA.

15 Le

you

لبوست

Copy

My Love

965 tht /st

durcitio

226

MM Suey Laboneters

track

Letter

youn Loki's

the 2dnot.

and to transmit

ttee

you, for information of ther

Eart of

blarendon

thee copy of

струса

Report from

the

Colonial Lands and

Commis

Cucigration, egarding

the applications

Copy

the Chumse Passengers

Aletto

voyages

between letne and

the Philipines.

A. Copy of the Reports of the Erning"

has been tramounted

to Sir John Bowning for his information

and guidance

дейовий

всеми

да

多

A.E.

استور

27929

227

Manila,

June 28. 1856,

A British Vesel, the Fortuna,

of 178 Zons,

8 Jons, arrived here on the

26th

Inst : for Amoy, with 134 Chinese Passengers.

the Master to

on requiring produce the documento enjoined by

the "Chinese Passengers Act," he said he had none; that his owners, Mesiums Syme and C. of Amoy, had told him the Act did not apply to voyages from China to Manila.

The "Fortuna " is registered at Hong Kong, and will leave Manila in about 20 days with Papengerand

freight.

Sir John Bowring Kt L.L.D.

יי

freight, as is anticipated, for Ainoy or

some other Chinese Port.

I think it desirable to bring to

y.E's consideration that if the voyage from China to Manila, or to the Philippines, should not be considered to incur those risks to the health and

lives of Chinese Passengers which the Regulations of the Act were designed to avert ( a queation which

in effect, the act leaves to y= decision)

the exempting that voyage from the application of the Act, would enable. British Vepels, and most probably those of Hong Kong, to obtain employment in the Sassenger carrying Trade between china and these possessions - and that otherwise, that trade wḍ be exclusively enjoyed by Spanish Kepels, which not

being

228

liable to those

Regulations

when sailing for Chinese Porto and

allowed to import goods here

being

at a considerably lep duty than is imposed on repels of other nations,

could so adjust the rate.

money,

ate of papage

to excolude the competition

of British Kessels.

This is the third

with

voyage

the

Chinese Papengers made

"Fortuna" to Manila

may

be well to state that

the Chinese brought have generally

pay

a rate of papage money, and find their own food, the water being provided by the Masters of Vepels .

They

are very rarely sent here as Cookies, and for the most part are Mechanics or petty Traders, who come on their own account.

I have as

(signed) J. W. Farren.

AGEN

R. 21 of 1856.

Inclosure

Consul Farrew!

17553.

Consul Farren

Sir John Bowring.

229

8747. Nong Kong

meign Office

Cepter September 22. 1856

25 SC 2

18.6

Oft with IE

• Button suformue of 18.Get/st

Fir

" I am diruted by the Carl of Clarendon to acknowledge the receipt of your

3rd 3rd

letter of the 300 Enstant, inclosing

From Mrd.

Mr A. R. Johnston

"My of a Letter from

contrining

ining

a statement of his Ainces

This

Under Her Majesty's Gorcemment in

Mauritius and in Phina during

し

a period of 24 years, an of which he founds a request "rcommended to Her Majesty for

24 years, on account

to be

come honorable distinction and mack

Jurman Merivale Eof

Kim

ידייק

230

Har

of For Noyal Approbation.

I am to 'nquest that you will state to Mr Keretary Labuchere

that Mr Johnston resto his claim.

in the letter ii

tion on

letter in question

services in

his

the blony of Hong Kong,

and that Lord Harendon does not

し

consider his services under the

to call

Insign Office to be such as ticate

for honorary

سا

reward.

inclose a

why of

Letter

which Lord Clarendon has received Septo 15/08

し

from Mr Johnston

this subject,

ptv 22/56.

and a

copy of the Answer which he Lordship has caused to be returned. to it.

Jam Jam

زنگے

Your most obedient

humble semant

and

.. خطوط

?..

}

Lay

My Lord,

25 Mount Sheet 231 13th September 1856.

This grace the Duke of legitt

legyll

me that it was his

having informed me

Lap.

intention to lay befve your Rafe.

Etter which had the horror to addy

addres

This Grace in July last regarding my bay

cerrices under FM Gort. in Marions capacities, & the Might. Amble Mr-

ass,

- Ceretay Laboucher laving Sekeurne informed me, Some days ago, that re had jawarded a copy of my

him, Enclosin

letters

statemen of my

semies, for "Your Laps. consideratio Prust I may be excused for

impelf repressing to your help a lishe

farlofs locandon

that

Which I annex all the know- concering

huston's services

hr Ball

this Dept.

25 Sefer.

be a

2 го

laubt that EW. Johnston has not

I apprehend there

performed any

Cervices

this Departments which give

ofs

пород

honorary

аму

distinctio

8771

煕

See 877

26 Sept.

ns29 sept

See also

AGE

that the attention dracon to my Sonial

employed under the

Your Raps.

services while employ

7.0. will meet with your kind insideration & clatisfaction, & that all the circee: nstances recorded in the statement together with the

high testimony of his George Conden dof Sir John Davis,

Accom

aurmpanying it will induce Your Lap : to recommend me to the Mort Gracians Majesty, for some honorable distinction a mark of Sher Ayal Approbation.

befre

While the letters, statements and testimony alluded to, are all before Your Lap. : feel there is no necessity for me to enter

again into detail

already dwelt upon in those docume

α.

232

" betiere Ishall best study your Lelps: convenience by restaining

from to doing

Hhave eti

(Signed) AR Johnston

---—ידי

Copy

September-13. 1856.

Mr Johnston

7.0.

233

September 2.

tember 22. 1856

Sir,

I am directed

by the tail of

receipt

(lacendon to acknowledge the naipt " your letter of the 13th is on the Subject of a

communication which

you have addressed to the Bentay of State for the Colonial Dept. auf

copy

has been forwarded by

which

Mr Labouchere to dorst flarendon,

intaining a statement,

I your

sewier (& Wurs

whilst employed by Meport: in Mainten

din Zina, on account of which

you

request to be recommended to ster

for me

:: me Honorable distinction

Majesty for

A. 12. Johnston 2

ர

à mack of her Aegal Approbation; & Sam

to observe

to you

that as far as your

clain nr. on remics performed by you under the Glonial Office, Lord Placenden

Cannet take a

application

step in support of your

any

This ddp :

nquets that.

he does not consider the rencies

you may have performed under this

Dept. Such as would property, mnable

him to recommend

-you

for Stonorary reward,

Iam eti

to the ducer

Sigurd Hammond

سلام

911N

23.

Consul G= Miller June 10/6.

Taft with Sov: 8602.

bov: informed b

8744 chong trong

SE! 23 18.6

Foreign Office,

234

September 23 ? 1856.

Sit

I am

lo liansmit la

directed by the Earl of Clarendon

you

to be laid before

M2 Secretary Labouchere,

the accompanying Copy of a Despatch

from Her Majesty

Majesty's Consul General at Woahoo, reporting that the Legislature of the Sandwich Folands has passed

Bill repeating

the

Duty of 15 per

វ

Cent affecting Chinese Goods brought

direct from China.

I am,

Sir,

Your most obedient,

humble Servant,

Mammanl

;

Herman Merivale Sog?,

де

Mr. Meet

I the presume that the V.O. have apprised

BB. y Frade of this

ciret.

Reform the Governor of Kong.

Av. Blackwood

Had

we not a

recent complant of these.

duties? It might be

well to armes it.

견

26 Гори.

Anneyed.8602.

Lyn form the

Sovena

~7/0

25 Sew.

"Jr. of Jule, I Henk.

withs reference to his despatats of ities

M18 Jur

Jl. ***

2 t

235

236

Copy

1623

The

My Lord,

Woahoo,

June 10.1856.

Reverting to my Desp : N21

of the 1st Inst, I have the honor

now

further to inform y. Z. that a

1.7. Bill has been poped by

both

Houses of the Hawaiian Lagislature

repeating

the Act which established

a Daty of 15 pt Ct upon Chinese Goods. This Act ranto only the Signature

the Sovereign who does not always sigh the Laws praptly after their passage.

I have se

(signed) Won Miller.

بر

Lack of Clarendon. K. S.

92g trong trong

9129-

OCT 9

1856

237

371

000756 L.F tiveted 14 leys: You 2074/05

Truittion better to the C. 12 Mares/37 it. If

aom

Sir.

Foreign Office September

3. 1856

The President of Chile having

appointed Don Toribio tambarri, residing at Hongkong, to be consul

Chile for the Republic of (

place, I am

will move

Chile at

to request

at that

that

you

Mr. Secretary dabacher

to cause dord Clarendon to be

informed, whether

Herman Merivale Expe

any objection exists

مه

до

238

to the issue of Her Majesty's __ Excequatter to enable M. dambarri

to act in that capacity.

Janney

Guernor.

Mr Mensale

the woust drops to his V. Office, the

Jam.

Sir.

Your

big way

most obedient

humble servant-

$2.15

Shillers

It.6.

Enterod

Governoe

Sir John Bowring

"INUTE

song

1856 OCTR

13 AR.

Elliot Merivale 14

J.Ball Seclabouchere

окло

29 8 Kony

14th City 56

Answersed. 7. January (57. 2.

Ранная

2074

Litt to Fr. 6.

Sin

The Presidents of

Chile having

having appointed

Your Faribio Lambarri,

residing at Hongkong,

to the Consul for

the Republic of Chil

дв

at Hong Kong, I have

to instruct

you

to report to me

extether

amare

you

or not

242

by,

any objection to this appointment:

adjection

tion excisi

PEN

ידיt

to this appointment

will

You

secognize

Done F Zumbarri

Consul for Criter

nutit te arrival

the Exequati

ся Гессиеве

quay dùng đông v

VED

CUTIL

1836

Passengers Act

Foriegn Pfice.

October 10. 1836.

239

Copy to eAdmiralty, for infr 23 Be7f86.

all

Clarendon to

directed by

that

The Earl of

request the

you will

acquaint Mhe. Lecretary Labomenire that on the recipt of your further

Better

the 10th lettino auto

Inclosures, His contslip caused

Laspa

the correspondence which has paped between the Colonial office and thus department respecting the manner in which Her Majesty's Raval Forces

maybe

employed in giving effect to the thinese Papungers act, the

7. Merivale Say

referred

referred to the Law Officers of the

Crown; and I

all

to transmit

toyon, to be laid before Me Laboucher, a copy of the report of those

Officers whon this subject.

༡

али

Lir

M. Elliot_

four moskobedient humbly Lervant

simply

I menvale

dort a

not sure whether drighett

beses papers, but so far can perceived, the Lan

་ཏའི་

arfings the propriety of

dated 12th Junes, of

Offous, o pir

the lidmiralty

Eustr

which

will

printed.

O o p q

Annexed to the

Adeniralty

letter 5587.

the

Foreign

Office, as it appears

apprised of those

to me,

240 when

Sustruations, fell

some doubts of their propriety and Consulted the Law Officers further the result being this

opinion.

favo

v o able

If such be the wase,

nothing more remains to be

dow and

the letter

may

pertly

1 F 13th Car.

I apee with W Ellict in his

This letter. Only I

construction of

am not sure who ther

to lenderfy of

we ought not

the correspos to the

Adonically for information. The former

hafere lifee me hardly she how the conesfondare migratt,

& R. Minsk a precis of the while that has possed ulation to this Art aruld 2 mschul

for infieme. Hm 0.14

Copy the Colmell

W2.15

F. 9.9197 Hong Kong.

Entered

28. веклов

241

The Secondary of the Admiralty.

NUTE

i. OCER

y2 B

120.

PREVIOL

Fr.O. 2 Septr 1360

6.8.26

تار

Sound & 15~ll

Fr. B. 10 Art.

Par

With reference.

to previons correspondence,

I am directed by Mr. Secretary Labouchere

to transmit to

you for the information of the

Lords Commissiones

of the Admiralty, copies of a correspordence between this

Department,

and the Foreign Office,

and the Colonial and serigen Ort, respecting the manier

in which Her Majesty's

Naval Forces

may be

ارجية

}

employed in giving effect to the Chinese Passengers Act, together with the copy of Report from the Lan Officers of the brown,

r....

to whom the Earl of

Clarendon Rad.

don had caused

reference to be made

upon this subject.

My Lord

Doctor's

Comm

S29197

Sept. 29. 1851.

ons 242

We are honoured with Y. Lo commands signified in Mr Hammond's letter of the oth

Sept = inst: stating that he was directed to transmit to us the enclosed correspondence

with the Colonial Affice and the Board

of Trade, respecting the manner in which 4.M's Naval forces may be employed in giving effect to the Chinese passengers, act, and with reference to the question raised therein as to whether a Foreign

one

vessel if legally reized in me Butish Port can be

be carried ove

the Highleas

before condemnation to another Britis

Port; and to request that we would

The East of Clarendon K.G

take

take the enclosed papers into consideration and report to Y. L. our opinion thereupon

and also with

uny

observations whiche may be suggested to us by the enclosed bapers.

In obedience toy. L'o commands

we have taken these papers into consideration, and have the homom to report:

That we are

we are of opinion

of opinion that a

Foreign Vessel, falling within the deseriftin of a chinese passenge & ship as containe in the Act 18th and 19th Net: 2. 104, May if legally seized in a Pott within #. M's dominions or in the territories of "the E. 9. Comp" where there is no Adm fourt, be conveyed by officers & H.M's Navy

across the high

high seas to

the

243

the nearest British Port, where there is an Admilty fourt competent to decide on the condemnation of such vessel.

Such act if done by the Naval

officer at the motance of the consul other Authority seizing the Ships, cannot subject the officer to any

ог

liability whatever even

be not condemned.

through the ship

With respect to 4. I's request that

we would make

any

other observation that

may be suggested to w by the papers enclosed in you. despatch, we beg to state that we concur

we concur entir

views and remarks of

entirely in the

Mr See? Labouchere

as contained in Me #. Merivales letter to the lec" of the Adm thy dated the the May 1858.

We have.

J. D. Harding

(Signed) a 2. Corkben

Richard Bettell

Copy

Sept 29. 1856.

From the Law Officers

Cassy of.

243.

for,

9368 vong trong

156

Emigration

Foreign office

October 14th 1856.

244

I am directed by the carb of Camden to transmit to you, the laid before Mr. Secretary Laboucher, a copy of ar despatch from Her Majesty's Plenipotentiary in thing, inclsing

a translation

of Regulations issunt

by the fovernor of Sracas relative to the shipment of foliei.

Jam, Ser.

Your most bedients.

humble trount.

Verman Merivale Exper

Haral

Eleit

16 Act

Trave

इ

t to the

Resignation

Comers.

20th Oct.

M. 2.1

(

The

N.249.

My Lord

In9368

245

trong hồng. Dung lành

8.1856.

I have now the honoure

to forward to G. L. translation of the Enclosure in my despaton 822196 of 27 June, which, owing to the press of work in the Office could not be made in time for the mail op 10 July

I have &

(Signed) John Bowring

Earl of Clarendon KG.

ま

AGI

9371

CCT16 1856

trong trong

"Sungration Foreign Office

vetober 14. 1856.

246

23 06 $

Me2,44

ඒ

Nefore i Fi

Refoorted

Good insticisted

+31 6 c

I am directed by the Earl of

Clarendon to transmit to you copies of

a despatch and of it's Enclosures from

Her Majesty's Plenipotentiary in China, calling attention to the insufficiency of the provisions of the Chinese passenger Act to prevent the exportation of fookies = from China; and I am to request that, in laying his John Bowring's despatch before Mr Secretary Laboushere, you will move him to be good enough to favour

Herman Merivale

Esq

favour Lord Clarendon with any

observations which

may

occur to him

thereupon.

せて

M. 21

I am Gir

your most obedient

humble servant-

Aammanil

Joby

No247

My Lord

جوک

mg37/5 (247 Đông Anh Kong. Aug

8.1856.

I have received from Mefonent Bobertson a communication dated 24. July, on the subject of the fodia trade at Shanghae, which Ithought worthy of the attention of the Attomey forward to G. L.

General, and now forward

copy of the despatch and of Mr. Anstey's

opinion

inion thereon

Iam of opinion that the

Consul at Shanghae, supposing the Chinese Authontier in that Port should connive at the existence of the poolie trade, may

take measures to compel

British this masters conveying Imigrant

The

East of Clarendon to

ئة

ん

under:

AGENT.

under the Chinese Passengers Act, to present themselves in the Harbour of Hong Kong for the inspection of the Emigration Officen

As regards the more general quection propounded by Mr. Robertson,

I do not conceive we are called

upon to

give effect to Chinese laws which

practically

are in a state of demetude,

as is undoubtedly the case with the

statutes which prohibit Chinese isbjects from quitting their country. Another horrible case has just occurred at thacas where, in consequence of come insubordination, the Emigrant. on board a butch vessel were;

with grape shot, when they.

проп

fired

set

1248

set fire to the vessel, and a greatrumber perished in the flames or were drowned.

Among

the victims are

are said to

be the Captain and many of the

crew

I have

Eigned) John Bowing

From Sir J. Bouring

Ang.

8.1856.

Two Enclosures

4 244.

میدر

2110

كيف

In 937153 1249 British Consulate Sranghae. 24. July 1805.

As it is highly probable that this Port will become a place of shipment for codies, and being impressed with the desirability of preventing the British Flag giving

a s

protection to a

system of undoubted

slavery, to say nothing of the horrow of

the middle passage, I would respectfully!) "respectively point out to J. E. the

inutility of the Ordinances passed to deck the great evil, on the grounds,

that the plan followed is to ship there poor people as passengers John Bowning

4.2.

Sir

to Swatow, a Chinese port capable of being reached within the period of seven days

at this season, and within three in the

North last monsoon, and at that place

Foreign Authorities,

where there are no

they

are trans-chipped into vessels to be taken to their destination, the West Coast of America, Havana: elsewhere. Thus the III dance in the Chinese passenger Act is evaded, and consequently both that and the

Adinance N2g of 1856, when it comes

neg

ration, are and will be

is to speration no effect.

"Moreover, I would, with great deference, submit that no Act of Parliament can be valid, the object of which is to snake provision for that

250

which is illegal in the country for which such legislation is intended. Now the removal of the people from China

Imigrants, Passengers or otherwise, is contrary to Law, and in proof, I need only refer to Book

Section cexx of the Taking len be, outiled "protection of the frontier" which expressly provides against Chinese subjects proceeding beyond the boundaries of the Empire; and therefore, under these circumstances I do not see how the Chinese Passenger het of 18 & 19 Vic: 2.104. can be operative elsewhere than at Hong nong.

I would submit that it would be to the credit of the British nation,

from

British subjects were prevented taking part in this human traffic,

and

which

י:

251

British

and that this might be done by Y. P. declaring it punishable by fine on imprisonment, for any shipmaster to take out of port in his vessel coddies on passengers in large numbers, without the sanction of the Chinese authorities, on to aid, assist, or abet in doing the same being contrary to the law of China: for I feel convinced that nothing but a positive prohibition with put a stop to the increasing evil, for means will always found to wade the Chinese Passenger Act, and if wen it is

as bein

bes

not, as douspect, legally insperative

Chinese waters, will be rendered so

in action.

Jam &.

(Signed) J. B. Boberten

252

เ

....

MARIA

AGEN

of Ang 8/86.

In His J. Bowring' shizu

مراة

In 9371 | 253

Attorney Gent's Office Aug. 7. 1856.

thave the homone to acknowledge

yours of the 6th inst with its enclosure

No 116 which I return

Mr Consul Robertson is in erro

if he supposes that the case of a vessel leaving Shanghae for Iwatow, there to commence an

voyage of

more than seven

duration, is art fully

ven days

met

ordinance N26 of 1956, now

receiving the consideration of Downing Street.

The

Woodgate Gag.

AG1

The other point

letter

oint touched

upon in his

9.0.7929

is me much controverted

amongst Jurists, but I fear not so doubtful according to English law-

to warrant #. 9. in acting, - I mean the duty of paying observance

to the revene o

revennie on police laws of

other nations, as to matters coming

out of then jurisdiction into our own

The utmost that can be done

is to respect and enforce whatsoever prohibitions are

officially

announced

by the Chinese Authorities. If these connive I do not see what we

can

prohibit.

I have

Signed) T. Chisholm Anstey

Attorney General

эт

10073 trong trong n

NOV 7 Foreign Office,

1886

hovember 6. 1056.

254

9000

Sir,

With reference to my Letter of the 2" %

September, I

to transmit la

directed by the Earl of Clarendon

you

to be

-forwarded to the solonial Land and Emigration Commissioners

the accompanying Copy of a Despatch.

from Her Majesty's fouml at Manila. wielping a copy of a Despatch fri Sir Johnn Bowring and of the opinion of

Her Majesty's Attorney General at Hory lory in the Care of the British Ship Fortuna

I am,

Sir,

Your most obedient,

humble Servant,

Shelburry

of enclosures

Sequined to your on the 13 Mon 86. L. Good instinestet & Dany57.

draft with J.B.

11239

Ger

H. Merivale Eu

}

W. Elist

Wo the be

7 Nov

for report, with

Mair

pewing what

пориви

понят

جھے کررد

گر

255

Copy

No 40.

My Lord,

Manilla, August 18,1856.

I have the honor to lay before

Z. L. a Copy of H. E. Sir Jne Bowring's

reply to my Deap: of the 28th of June, submitted to y. L. in my Deep,

д.м. h&21 & of the opinion of

Attorney General at Hong Kong on the case of the British Ship "Fortuna ". It was to the 3? Clause of the "Chinese Papengers Act" which gives to the good of Hong Kong the lower to declare what shall be the duration

of the Voyage se, and to the following

Clause 4, a to the

Schedule A at

Regulations in

& page 25th of the act,

раде

whiat Clause No 1 states that no Chinese

The Earl of Clarendon.

Papenger

Passenger thich shall clearout se on a voyage for more than seven days duration, without a certificate for an Exigrant Officer, to which my observations referred in my Desp. Do the foot of Hong Kong laid before 1.7. god the power vested by the act in #. ?.

The

Voyage for Hong Kong to

Manilla is sometimes made in fie

ん

days at other times in 15, according to

Крево,

the Monsoons, & two British repels the "Clarendon " & the "Queen of England" are announced / Hong Kong as having lack made the papage in three days. I am informed that an average papage to Manilla for Amry, where hinese Cookies are chief

chiefly shiffed

iny days, with the favourable Innsson,

and

may If the

ليا

256

be 15 when against it.

Case

of the "Fortuna " were to be referred solely to the Act of Parliament, wh: does not make applicable to voyages of 7 days the Regulations of the Chinese Papengersitet, it might become

a disputable question whether the Voyage for Amoy

To Manilla is or is

not within that space of time, but if the Gook of Hong Kong in Legislative Council she in exercise of the power given by the Act relative to distance, have excluded Manilla for being within the 7 days, the case of the "Fortuna "

is a clear violation of disregard of the law.

I have se

(signed) J. W. Farren.

and

AGE

*...

ориг

156

کو بنگا

Copy

Monilla aus! 18.1886

"Consul Farren

ho yo

(2 Enclosures).

210073

257

Sir,

Superintendency of Prade.

Mary Kory, 28 July 1858.

I have to acknowledge your Degradch dated 2d fine, on the subject of the Fortuna " a Brit : Vessel, Wt has hrought

for the third trime

you state) (finere

Passengers to manila.

Svart your Despatch totte

Attorney General for his opinion thereon a cvetove copy of that spinion for your information & puristame

ше,

act

I have no power & any Colonial. to set ande Imperial Parliamentary

Legislation. The Portumna is hath to

seizure aforfeiture, for violation e of

Mr. Farren Eres

H. his Connels Manila

all

}

in 10073 vie

258

انا

all the provision of Butuch Law as agands

and the conveyance of Passengers.

I have

وشو

I di

19 John

John Bowning

Crey

Attorney Paul's Pffice

Hay Rony 20. July 1856.

Sickness prevented my returning

the enclosed (with my opinion) in the 26th Inst the daysfits receipt.

there can be no doubt that the

Portence is within the hiriere Passenger

act 1855 a (Luiere Passenger Kip that she has violated every poission

ہے

of the Act - & that on her return to Amoy, their hate to seizine & t reformation in cam for the forfeiture, This liability to seizure also extend to every party the High Lear" a to every (omite, where the majesty has juridin

I have, an

W. Woodgate Eu The » to the the Plempitition (d) J. Chisholm Austen

Attorney General

lition

AGEN

Forrige Spin

259

hovcember 18.1836.

Gover 99

Officers

etter to Band Offe

NOV21

1856

حمد

hod: 15.

Answere Letter to Atty

Further letter to F.O. 9 Der/sto.

Ordes des.

General { 26 Nory.

чтожо

по

with Gourg y

али

directed by the Carl

of Clarendon & trandunt to gan Copier of a despatch from Her Reaperty Plenipdentiary in Chine melosing a copy of a Colonial Ordinance, be 15. ff 2856, "for amending the Law Of Evidence and dial be

and of a report

ort which

His lordship has received from

the Law Officers of the brown

on the subject of that Irdinens, and with reference to the opinion contenied in the melosed Report, Therivale Expe

260

AGI

ঠ

I am to request

the same Lahoushere

requent trest in laging

that Lepore Iv. Lecretary

да

you will suggest to him the expediency of disallowing the

Ordinance in question.

Јаши I am,

"Jour most obedient

humble Lervant

Non Mremale.

4 Nom

This

yun

instance of the inconveneme

In most Mice practice of

Fif

altending

sending

all paper which raise

འབའ་ཐར་རིག་

any lyd question at once.

to the Law Advisen, without

preparation. The

any sifting

2. Mice Lan

how sent

Nem

Cox

Colomid adiname, without reflecting

Mel colomil armames an dealt with

to our own miles - now

here according to

it to Lappens to or have actually

ufened this

are

пи

потать

auditing their answer.

16 Nem 2

with regard to the Larticular Stortion clauses of which He Law Advisen disappeen: they raise a question of

som little importume. IN C. Anstey

(a whrer framed the Hong Kong erdinance) was no doubt impushed with the hegunt failure of justice, in funcurtions for perjury, in consequence of its est being made out that the averments perjuriously

sworn to were " material." No douts he telt, that the offence of berging was just

Jame

whather the avements were "material" or no. It therefore compared what he

comsidered an

impearment on the lawof England - But the Law Arnicu say, that colonial law, in criminal matten, aught not to mosted the limits of the

law of England. And unlch there are spunil Coral wasons to the contrary, I

AG)

klien on

He wash May

Carr

night.

I anoux the dust which seem to me required: the croinaon must be

ultimats disallowed I presume

hlm

had Witter hutake await the resull the which cover pronstone,

km ơn 21

Intered

E Hammondig

261

10467 HK

26th Now/56

چے

зак

In amant gour

letter of the 18th of this

mouth. I am dirates

Meral. Nov. 21/5t. by its his Latinham

u Dall 21

Cve

to request you will inform

Zatrubere 23

Lad Clarendor

se within

R. Deefis 10933

Ansed R

Nonfaborations, Mat

the Hong Kong Colonial ordinance "framseting

Mr Carr

Evideme &

hial by jizy

гу

had

clearly bur referred

by do Jalomhere for. the pinion of the Law

adrien love your

}

AGE!

letter un receind, &

that which be concurs

with L2 Clarenson as

With experion of disallowing this afinance,

али

he wishes to await the

What of the Law Advices

in to curtain

special Anun

question was embodied

in the reference.

Jahanbere

would suppert,

Bat-when

in colonial nomiame

is incidentally used

to the Lastifi Balonl

intentions

262

for and thereupon,

it would be Expedient to

communiceti in

Спити

the

first instance with the

Sus for the Colonies, as

سهای

adi Comel astuanes

of importance are constantly used by sen

department to the Law

Advice, & some confusion

may arise

being

from their

consulted

る

separate department, separate fastes

as to the same

ordinance.

8.M.

AGE!

Re At. 2 Sol-sen

Entered

ur Meriale N 21/51

Wall 21 N

Mr Lahoma

لا

(as waste) 10467 HK

26 Novy36

10467

شکده

263

with refuence to my

letter of you! the 20?

of this month, whining

for you Rinion (jointly

бол

with the 5G) an

adiname of

the legislchen

Juchi liland sunsten

of the Cylchen of Hrey

На

Kory, I am directed

by N Ted L. to

inform for that a report.

signed joints Jauncher быть

Im z

In Queens

Sornati Las ban

AG'.

Sirice bear communicated to this department by

Las Clarenste, in Sicht

Im recommend

Be th

Hory Kay arise in

么

шен

question Thuned ant receins

raised lag

With Mine 264

adinamer.

26. M.

the camition

B. M.

do Labanberr

will Lowen & Miges

by the expusion 1 gun

Zinion

question

Mr Jeneral

Lakie mined by bay

scouted to by my

letter

1 L

which is

}

Men Meniale

cay hay

265

Scendentand thick Lad Clerendar it

to his Mene Bonning. By

sti sirous of writing to

The Overland Mail of the 10 thich is tho mistuued him to revoke a Cureler which

he has issued to the Consular Agents, based

the recent H. Hong Ardinianel for amending the Law of Pistence; but before

Foreign Office with to be in popession of the Report of the Lawofficers which

doing to the

266

We have totil then we had called for mich run eroeich in diriting the Grinto

его

The refereed to the Lawofficers embraces, or the the Avalor without waiting for the

Jou

will accvember, other Cotonier besides Story Harry, and seeing that it was only sent

to there on the 20th Solo rich thich it is at all Justable that we shall recieve thein ausuce in time, unless you peeps gribe Nor Labouchere in

think it advisable to

our letter of 26 Eetto of Juesuch in Cercetition) has expressed

his

Ceccosenence in the expediency of disallowing Elixis Ardinance, and the H. C. would therefore d

other legal opinion.

6 Jun

The Meijn office certainly can

roke the circular-

& Either

the ordinance will

disalland or amendments

Ничидий

engrind - VJ they require

find an

Com

official letter 4 Past one

Vom 8 8

AGE

Entered

10467 Hong Kury.

E. Hammond Gre

SINUTE

R Jadis #SEHiot

#Merivale HP J. Ball

kesłabouchem

to lu

Anand 8

DECR

8 April 187

3221

L..

267

9.h Bed 7.56.

Villi teference to my

letter of the 26t gette Saru directed by der Seentary Laberes here to State for the

laed

information of the

of Clarender that the

Copy for Sefter annexe_Report of the Law Offiese

advertect to in that litter

of the Crowne has reohgeh

been received of thes

Department, lich that, as

the Colonial Ordinance

for amending the low of Evidence in H.Horny

will either be disallowed

行

on amendments required

mich, Mr Kaloushue

Convvies there can

Its objection to instructions being sent to his Soten Benning to revoke any

icicular or other histrument

which he may have issued -to the Conseiler Agents sir China based on that

Erdenäuel.

Sheve

ho.

L/268

Mongkong August 20. 1886.

160271. Syphant.

I have the honour t

forward & Your Lordship

сбрау

the Law

apy qufolonial Ordinance for amending floidence

Pidence and

Juny

and Treat by

As Shave

5 by

Reason Wheleris thutt

such portions of the said

ди

Ordinance as aren

applicable

& then proceedings of fomenter Courts in China

The Carl of Murenton

would be

foundb

124

!AG

“,,

יייי

£ 1040/36

269

found very beneficial in them operation Shane by creulan

Bothe

↓

- Consuls dated the 27th Justs

من ناتو

adoptedt

rules of fourt

Sections I. II. IV. V. VII. IX. & XI.

then I und ordinance

Accompanying

the same with matructions

as to the penalties

рена

penalties for infraction. Shave the honour &

formant a copy of my circuler,

which I have directed to be

published in the Hongkong fazette.

Shana

бе

(Signed) Shaloming

Copy Circular

Hongkong August 27.

I have to call

your

rest.

attention

to the Colonial ordinance ho. 15. Of this year passet in Council on the 22 mb dot entitled

жив

Evidence an

" An ordinance for amendiny the Law of Trial by Sury

And, upon the recommendation of the Attorney Jenerals, I have determined that the clauses

Nos I. II. IV. V. VII. TX and XI

the said orchmance shall be

made Rules of the Consular font Her Majesty

Condulé enthusia

luffinia.

Persons convicted of perjury

false declaration, or

contradictory

proceeded

statements may be for undect agamish & prenished for the

ада

dame under articles XVI-XVIII. &

хах оз

the order in Councily.

Luvve 13. 186-3.

مسعد

discretion

twitt

mary.

at the

of the fourt, be punishal

a fine of

100. Dollars or

not more than

imprisonment

for not more than 30.

days

for a contempts flourt.

Ihave

Crigined John Bowring

من

гору

Его 269

ey,

رسل

Lord,

110467/

Doctors Commons

15th Novr 18.56.

58 270

We have been favored with Mr Stammond's letter of the 1st Nor last in which he states that he was directed by Your Lap to transmit to us a despatch from NM> Plenipotentiary.

MM China, inclosing a copy of the "Jules of Practice to be obversed in Judinal "proceedings befne MM » Consuls in China"; published in accordance with the Pronsions of Article xxx v of the China broer in Council of the 13th of June 1853, & alos a father Further despatch from Sir J. Bouring Meloring I a copy of a Colonial Ordinance for amending the Law of Evidence & Trial by Jury, & a copy of a Cmular addrefal

Carloff Carendon

کے

BANKAR

AGI

Jule

by him + M's fomonics adopting as Gale of faut certain sections of the Ordinan rfened 5.

Mr Hammond was also pleased to request that we would take these

Papers into our consideration Your Kell. with.

any

a farm

observations we might have to make

have to make thereupon.

In obedience thereto we have perused the several Documents Aubmitted to us & have the home to Report

That we find in the pupord

Ordinance several enactments,

9.8?

than

تمام

at tt. 7.0.

(particularly miles 5 a 0%, altogether go at variance with the Law of England, a not ( as it appears to us) justified in their application to the Colony

That it appears tou desirable

271

as far as possible to keep the Riminal Law in H. ll's. Colonies & Settlements, in conformity with that of the Mother

Country

"That besides the foregoing objection, it appears to no that rome of the exactinents of the Ordinance an in themselves obycctionable

That we cannot therefor rummend that the Ordinance

tion should receive the

in question

sanction

Her Majesty.

Mr lave ets

(signed) J. D. Starding

a. Cockbur

Qichard Bethell

AGE

}

Law

Copy Officer

November 15.1836.

ров

You 8067

86016

9221

9.6.4172

7098

instruated 10 Daef56-140

Answereol. 16. December 186.

July

Gov

haft with Gor

10068 trong trong

RECEIVED

NOV25

1836

Foreign Office

272

14th 15t.

hovember 24

am directed by the tail of Clarendon brequent that you will sinform her. Suretary

Suretary Labouchure ..

that he has referred to the Law

Offices of the (gown your

letter

the 18th and 20th of Sef.tember last, milosing a copy of a

despatch with its inclosures the Governor of Hongkong

from the

respecting a complaints made

Herman Merivale Essen

the

メー

Kans

273

the United States furub in that

Colony of the proceedings ofthe Chif Magistrate on the

on the occasion

of the

Arrest of the Thies officer of the United States Exfeel" înmir.

Buckman " to ansiver a charge.

of apault committed in

hes

crew in the Harbour

Honspory:

;

on one of

one of

and Lame b

156

hansmit be you, forb. Bu or Labouchere's information, copy of a report which

had

has been received from the Law

upon this

Officer upon

regerest that you

case; and of

will move

to Labouchere Bcommunicate

the substañer

вениг

the same othe

девать fan of Rashing

вест

Јаства

Your most heddech humble servant

Shelburny

AGE!

pay

Entered

East of Shelburne

18% DECR

PINUTE

: Jadis/2

Elliot Berivale Me! Ball

DoesLabouchere 19

или

Ner Remale

There is no autherly

вил

10668 Hory Keny

274

16. December

Fame directed by Mer

Sonitors Labuchere to

Hausmit to

you for the sinformation of the last

of Clarendon a lospy of the bestructions addressed

to the God of Hong Hong

hein

In this draft, lubile Communicating to him Hammond has asked the substance of the

to have officially a losy Report of the Law offfins

of the Deep: to Sie Schin Buering.

of the Geure, Gown,

me the

Succiselection of the Colonial

Cereits even offences Concruittin

CU.

board American Refils

in the Hastne of the

Communicate to

The Journon

Substance of the Law Adrien Acfort?

HN27

Mer Meriale

The des petites

520067.

of fou

or Mary's dis path

on this case 8606.

to rest appear to have been seen

Sabo

aunea

her,

to which reference

Made by the

Lawoffices_ be enclosure of

Oferil in Ferejne Offre

Etter

4172.

Fif :mpst

which was entered in

gren Sawships litter

чел

of the 24th letto-

Shove

นี

Poppy

}

My and,

We were

In 1860s

Boston Commons 275

November 19. 1856.

-farned with Mr Stammonds better of the 17th 2 29th kepto last in which le state that he was directed to

transmit to us letter from the bylonial. Office, containing a copy of a despatch = = dite enclosures nerived from the: forrnor of Stony Sony, nopecting

complaint of the U. Stater Consul in that Colony of the proceedings of

the

The occasion

Chief Magistrate on the

of the Chief Officer of

the

aurst

"the U. States "Weforl Annie Buchman"; transtorr a charge of assault mome of his fire committed in the Harbor of Hong Kong

Mr Hammond was also pleased to request that we would take there Palpers into our consideration

Karloff lavender

Harendur R.

immediate

& sam

Your help with our opinion thereupon

In obedience thereto we

have

perused the several documents submitted to us a have the home to Appart - Deport

Rule

That it is clear, upon every finternational Law that the Masters a ferees of Treign Merchant hiper,

when at Ancher within an

Harbour,

English

me bound to field obediaan to the law of this founty during their noidence within ito precincts; & that board such ships, which, if done on board English thips, would be beaches of the

of the dueen under the

acts & occurrences

peace of

persons concerned amenable to the

Criminal Law of this Country .

This principle appears to be

acknowledged

く

avledged by Mr Mary in his

}

My sent to tel: 6.

9.186.

letter to Mr Crampton of the 19th May 3/th

وا

April

276

April 1836. By that letter it appears

that they has been instructed.

that his claim as American Consul_ to Exclusive jurisdiction over criminal acts committed by W. State Citizen,

1. in a

on brand of U. State Ships Ineign Harbour is not sustained by his Goot. & there seems no Mason therefore to apprehend_ in future any

collision between American Consulst British Authorities in our

Poforssions.

But there are some

Colonial

passage

in Mr Marey's datter which suggest important subject of consideration,

every storms ("If eny complaint

An me

Mr Maryvidual of the fau

if any

fa tefsel against the Officers for :ill thatment is to be taken uply " The civil Authorities in Shere, & there.

Offerem

"Offices prosented is fiminals,

"Commercial intercourse will be

subjected to my great anugance

2 serious detriment?

on this

lepon

вис

can only obrove that until the bubject is dealt with by some Mutual reciprocal Enactment,

which would warrant the

the British

rny

act,

intervention of Magistrate, if it recurved on brand an English hip, must rerive the like internation, when

neuring a brand an American Merchant Ship in a British Starber

ша

It is time that if the daw the U. States does in restain

Circumstances

justify the use of ferme.

Violence by an American Merchant

Kistence by as

Captain towards his

frew (as for

punishment

instance the infliction of corporal

277

punishment in case of drunkenscher a seaman to do his duty)

refusal

mich Law may

be considered as

incorporated

into the Autoast of Kiring the Raman, where auch hiring has taken place in the U. States; da British Magistrate, when requined by the Ailor to treat such condent of the Captain

friminal Assault, will

tain as a

criminal law in

be justified in Exercising great caution & fobrarance in putting the

in force, pronded always that the public peace has not been outraged, & serious injury

has not been inflicted

inflicted

But it must be borne in

mind that our Goot, cannot do more

than

to our tribunals to

Suggest to

Exercise a sound discretion in not

applying

cases not-

the daw too rignously in

not of a serious character

ва

ter

Mr Many must be well aware. that the Executive cannot prescibe to judicial tribunals how they shall administer the Law-

they

With reference to the complaint by Mr Freeman of insulting conduct "towards himself" by Mr Mitchell, we think that all which is

recessay to be done on that part case has been already dan

the case

by Sir John Bowring

Mr have te

(Signed) J. D. Harding

A. E. Cochblad

Richard Bethell

6262. Aise

156

Copyto Land Board for hour insticated naft with F.6

como

Sir,

し

278

10920. trong trong

Forign Office

November 29, 1956.

RECEIVED

DEC. 2

1836

I am directed by The Carlof

flacendon to transmit to you a affly of

despatch from Her Majesty's Pampitatin

his

in China inclosing copies of corespondence with Her Majesty's

Consul at Manila, and the Acting British the forisul at ling

question which has arisen as the applicability of the Chinese Passenger Act to the Emigration of Chinamen from Amoy to the Philippine Islands, and adventing to the practicability of investing the Consular Authorities at Timo Amoy

H. Merivale Eog

167

with.

with the duties of Emigration Offerem, together with a

copy of a Repat

which It is Lordship has received from the daw Officers of the Coron upon the points adorated to in Sir John Bairing's despatch ; and I am to request that in

Laying the

Enclosed Papers before Mor Suntay

Kabouchere

you

will move him to

punish Hord Clanndon with his

pinion as to the propriety of appointing an Emigration Offic

other Ports in China,

at amoy

and also as to whether Her Majesty',

Plenipotentiary should be auth

authorized

so to alter

Ordinance any

any of

the Provisions of the Chinese Pafenger

Aut

Noor 20/58.

Aut as

279

Exempt any particular clas of hford or "Traffic, or any

such

royage, as from Amoy to the Philippine Islands for instance, from the genation of the best.

Sam to add that had Clarendon proposes to communiate to the Admiralty an Extract of the incloed Report of the Law Officers ropecting the capture by Her Majesty = Ship of War of tepels which are not British Vissell."

Fir

Your most obedient

humble servant Shelbury

144

I be love the frosner Pefect

this subjech are with you

зд

де

M. Merivale

had

recently two

We have re

distivat correspa dences on

questions Connected with

Cluriane huigratio

First, Witte

rejoand to the Ship

си

"Fortuna " and

The

280

the application of the Passengers Art to torpages from Chines to the Phillipines:

Secadly With a

оградём

to the propriety

gard to the

Sears lay

on the High

ee av

an interference

H. Mis

users with either Foreign Vessels, a Vessols

rot entitled to ame

It how

any

Flag.

that whilst in

appears

Carespardauss, with no on the so subjects, the Facion Office also consulted, the Law Officers shose opinion is here in Communicated time

On the first of the two above

Mentioned subjects,

just about to

we have drafts of letters

Sin

J. Bowring

Avid Wies

Foreign Office. It will have to be seew whether the Law Officers' opinion will not encake it better to substitutes other drafts.

you, as

On the second subject Sir F. Rogers had pist selltart, is concert with draft to Sud J. Bowring. The Law Offeine

I had suspected and opinion shows that,

a o

off.

As is not surprising, the Admiral's trei of

Sie J. Bonning strong.

his duties was pe

rights and

At this point also therefore suppore that Comething mare definite may

be said thaw

tte

1:20

୮

281

Either, 10 for

I can see 1

Well he had

the projected draft.

It is un

tunate that in

infalemate

Consulting us the Foreign Officer should

auce that we were

have left

us wi

ignoran

to have the Assistance of the Law

likely Offeeix.

7. FL 6 Deer

It seems to me that the complicated state ints whic. This matter Langst is

ming

to the dori Office, het lo die

J. Downing, utterly unscientific mode of conducting his douth comstonsuome with the his dipantments. It with

seen that in 9943 (10h left) Le raved, to

us /

precisely the same

question which he raised to Lo Clarendon

by his desfalt of

Communicated to

264 August

лби

& without informing

written to the Mer

all our purpared rafiti seem how to he

inappropriate.

In the cacral question artected to by

رہے

to Ellis), I thured think the best-way to die?

with Men Laken will now he, to

Lany

L tell the In. Office that is) Downing Lad inised

the same questions to this Partment by his def? 9943 (which it is out those humfany to commmmments) and to ask whether in the Amin A L2 Caendon it will hashinatte 2° Clarendon in transmitt the Opinion of

Which

In San Arbien, or its substame, to his /B. for his fundame.

There remain the 2000 2 spenil

горо questions asked by Ld Stellum, achit as to the appointment of an Emigration cysal

at Amey, & the altuction of certain persision, of the parscapes tot by crdinance: on whit

Laricam

ductally No Latawhere will wish for the

AGEN

opinion of the Dd2 Em. Commissiones?

Km 88

Intered

To Sto920) Hong Kong.

$10920

11.002

Emigration Commo

Ellial

w. Merivale.

M. Ball

her

W. Laboucher.

Deer

With

Gillear. 1856.

Putlemen,

Leuttennew,

282

With reference to

your repats of the 18th

улигеравт

Sept: and 26th Eov.,

respecting liigrations from Clunce to the Phillipine Islands, and

with reference also to

the

your report of the 25th of hoor respecting lusigration of Chinese

in bessels with no

established nationality

I am directed by hv. Secretary Labouchere

to transmits to

· you, for your information,

the enclosed copy of a letter from the

Foreign Office, accompanied

AGET

ite

opinion from the

Law Officer of thie Grown on both these subjects. I am also

desired to transmit

to you a

letter from the

29 Nov. 1856 Law Offs. 20 hoo

Foreign Office, accompanied

by a further despatak

公

from Tie J. Bowring

on the question of

ation to the

lucigration

Phillipines.

6 Dec. 1856.

283

I am to request

that as both these

subjects, you

will

Report your opinion

on the instructions.

which it will be

desirable to address to Su John Bowring in

Consequence of the Салери further

Communication

how received from the

Freign Office. No instructions have yet

been issued in

Consequence of you

previous reports.

Jamoa.$

AGE

•

thy

My Lord;

In 10926/55.

Doctors forumon 284

November 20, 1056,

Wean honored with Your Laps. commands dignified_ in Mr Hammondi latter of the 6th Noot inst. stating that he was directed to transmit to his

Oropatch from Wa's Superintendent of Trade in China, melsing copies of his

inclosing corespondence with Mom's Coilat Manilla & the Acting British Vice

fonsul

Conseil

Его

arisen as to the applicability of the at amy, on a bastion which has Chinese Passenger Act to the thigration fshinamen from Amey to the Philippine Islands & adverting to the practicability Jinvesting

the fohoular Authorities at "Amoy with the duties of Emigration officers as Hammond was als pleased to

Instruction

welose a copy of the Admiralty Intending of the 12th June referred to in his f Boming despatch to aquest that we would take this correspondence

Eartofflernston

Inte

•

}

AGM

into consideration & sport to your half

May

any observations which Thereupon

May ole

recur to m

tou

hobedience to the commands of Your Lap, we have taken the

chị

this

correspondence__ into consideration & have the honor to Repat

That the Chinese Passenger Act 1855 ( 18× 19 tit. ch. 104/) having in See. I clearly defined what Ships shall be dermed Chinese Caftrager Ships", no Beitish Author Individual__ can alter or that definition.

Private

or qualify

Ot1⁄2e concur in the opinion of the Attorney General in HongKong that the "Fortuna" clearly Ship. Her bundos do not hourver

appear

was such

to have intentionally

the Spirit of the Cust.

Violated

The propriety of appointing Imigration officer at amoy or other

Part

Pnts in China is

is a

285

question for Your

Lelps : consideration; it will be perfectly legal for Your Lapse: to do so. Wether the Chief Superintendent

thould be instructed so to alter by

Ordinance any of the provisions of the Statute as to Exempt ( in practice/ any particular class of tessel on Traffic, or any Amey

such

Anyag: as from to the Philippine Stands (for instance) from the operation of "the Statute, is a question of policy,

depending

locall circumstaners.

Such an Ordinance will be legal. Tipsels which are not "Bilion Veforl's cannot, in our opinion, be Resorts legally captured, rither on the High Fras, or clorwhere out of British jurisdiction, by Nm = Tips for any breach of the Statile, the principle of International.

Law in such cases

Extra

being territorium

Stritorium pus dicenti impune __ "nou paretur":"

Any measures for the purpose of checking abuses or offences committed by Theign Vessels, must be,

must be founded Treaty stipulation with the Countries to which they may belong.

We cannot advise that sm

Naval

ев

ers should

Officers

capture tefal,

"not entitted to any Play, win places where there exists no lawful authority, for violating

This Statute inasmuch as the Thinese Imigrant Traffic (whatever may be its enl is not in Nolation of the Law Nations. Such a course of proceeding might involve very serious international difficulties.

We have eti

(Signed) J. D. Harding

A. E. Cockburn Michard Bethell

No 262

My Lord.

aperintendency of Trade Any Ring. 28 August

286

fust 1836.

My attention was called by Communication from Mr Count "anon

Consel

い

Cassenger

of Manila, dated 20th June last, to the Operation of the Thinese Carpe but upon the Emigration of thinamen to the Philippine Islands.

Inferred the question to the lettere Grant for his quinion thereon, whist General "Mpinion I conveyed to Mr Vice Consul "Allorison at Armored in consequence

I have reclived

the despatches from Mr Monison,

не

dated 12th inst. one of which Enclose

of which Enclose

House

a letter from the Arse of Mefors F. D. Syme als, who are 7.2.

in this

interested in

this Emigration, a I have written this day to Mr Morrien

day Propatibes. on the subject of his Despatches.

Earlofflarendon

متر

I bey now to forward copies of, 66 the whole of this correspondence for Your Laps: information & Instruction, There would be perhaps in

great inconvenience

in giving

Amaz

the Consular Authorities at

the

the Power & imposing upon the Duties of Encigration Officers, but what is to be done in Many places whence Emigration take place sin which there Existo no Consular Authority at Swatow - Namoa - Jumsinymo - Macas & other places te Your Lap. will obron that! have great unwillingness to interpre with the most important provision of the Imperial Act

legislation

the foart

observe

local

287

In seprene to the general subie of Emigration bey have to mention that the Admiralty Orders of the_ 12th of June, forwarded by your Lafie- Dispatch No 131 dated 2 July, make no provision for precinty against some of the worst abrises that exist,~ for example, in reference to Aforts British or not British- Maral Officers

on N

iers are

منا

authorized

Officer

Спичу

requisition by writing from "Emigration or fustoon House Offiad or fonsular Authority - to convey a Veforl to a Put where there is

ifa "Admiralty Jurisdiction", – but che

rapel the found

Found having no national

having

Flag - no regular papers - or having

taken her

по

Cargo

at a place where

foreign authority of any

sext

Exist

میرا

165

Wests, - how is such a seppel to be

dealt with?

пре

Oine such tessel (the Levant

пря was lately seized in this Port, a by the the Admiralty frat condemned to a fine of of in- another (the General Blanw/ laving no regular Papers, & hopin pust out of the jurisdiction of

was

ہے

allowed to depart.

the Colony ( the Admiral having been appealal to declared he had no authority)

& there can be little doubt as to

تامة

the unhappy fate of the Pasragen

bound - whom there is

every

reason to believe, the Captain

meant to land in some wild

region. Shave et

(signed) John Barring

}

Sir,

288

Manila, June 28, 1856.

A British vessel the "Fortuna"

of 178 Tous arrived hire on the 26 Instant from Amorp with 134 Chinese Passengers. En requiring the Master to produce the documents enjoined by-

the "Chinese Passengers Act "he said he had none - that his owners Meprs Lyme & to of Amoy had told him the Act did not apply to voyages

from China to Manila.

The "Portima" is

registered at Hongkong. sand

will leave Manila in about 20 days, with passengers and freight,

as is enticipated for Amoy or

His Excellency

Sir John Bowring KF. LL.D.

Lome

fe.

fc..

de. 14,87

----

289

AGE

some other Chinese Port.

I think it desirable to bring to your Excellency's consideration that if the voyage from China to Manila or to the Philipines should not be considered to incur those risks to the health and lives &f Chinese Passengers which the Regulations of the Act were designed. to avert (a quistion which in effect the act leaves to your decision) the

exempting that voyage from the application of the act would inable British vessels and most probably those of Hongkong to obtain employment in the passenger carrying trade between thina and

these possessions - and that otherwise

that

that trade would be exclusively.

enjoyed by Spanish vessels, which not being liable to those Regulations when sailing from Chinese Ports, and being allowed to import goods here

at a considerably less duty than is imposed on vessels of other nations, could so adjust the rate of passage money as to exclude the competition

of British bessels.

This is the third boyage

with Chinise Passingers made by

the "Fortuna" to Manila.

It may be well to state

that the Chinese brought here generally. pay a rate of passage money and

-find their own food, the water being

provided by the Masters of bessels.

They

149

AGEN

They are very raxcly- sent here

as foolics - and for the most part are Mechanics or petty Fraders who come on their own account.

I have, te. [(signed) J. W. Farren.

True Lohy

voryate

290

dir

Attorney General's Office HongKong, 28 July 1836.

Sickness prevented my returning the enclosed (with my opinion) on the 26th Justaut, the day of its receipt.

There can be no doubt that the 'Fortuna' is, within the Chinese Passenger Act 1855', a 'Chinese Passenger ship,- that she has violated every, Provision of the Act, and that, on her return to Amoy, she is liable to seizure and to information in rem for the for seiture . (This liability to seizure also extends to every part of the

"High seas' and to every country.

where

W. Woodgate, require.

secretary to His Excellency. The Plenipotentiary te.

160

where Her Majesty has purisdiction

I have, te,

(Signed) T. Chisholm Anstey

Attorney. Gimcrab.

True Copy.

"M: Dvergate

No.54.

懔

Sir.

Suite 291 f109:

British Consulate

Amoy 12 Jug. 1836.

I received on the 5 instant Your Excellency's Despatch, No 63. dated 28 July, enclosing copies of a letter from H. M. Consult Manila,

breach of the thinese

relative to a

passingers Act of 1855 by the British Vessel Fortuna", and of one from the Attorney General & Hongkong.

communicating to Your Excellency his opinion upon the case.

"I applied to Messrs F. D.

Syme & fo for an explanation of

the proceedings of the Fortuna ",

His Excellency

Sir John Bowring 2L.D.

de.

te.

tc.

and

114

-=YT

AGE

and have today received their reply, capy if which I have the honor to enclose. The "Fortuna' came into Port on the 9th Instant ofter I had written to Messrs Lyme 4fo.

I await Your Excellence's instructions as to the further steps to be taken in the matter; and· Meanwhile I beg to submit the following observations in reference, to the present and similar cases.

The Master of the "Fortuna

in neglecting to proceed to Hongkong. and obtain the documents, as

well as enter into the Bond required by the Chinese Passengers Act, clearly infringed the letter of

the Act in requrd to those particulars:

but

292

but the Act was framed to meet cases to which that of the "Fortuna" bore hardly any analogy, and accordingly the partics concerned. might perhaps be excused for thinking that her proceedings did not contravenc its intention), nor lay them open to the penalties it prescribid.

The Earl of Clarendon

in his Circular to the British. -fonsuls in North America and elsewhere, dated 29 January 1856, and published in a Notification from the Superintendency of Frade of 29 April, says

The object of

"this Act is to prevent the occurrence "On board British ships engaged.

"in

117

"in the co

conveyance of Chinese "Emigrants of such calamities

" as have resuited in too many

" instances from the absence of "proper care and attention on the

"hark of those engaged in the

transport from thina of this class

"of Emigrants :

The class of Emigrants which the Ack is designed to protect consists of the destitutė Enimese Labourers, engaged for a term of years, and sent in large bodies to distant foreign countries. These know nothing. of their future destinations and have resigned all control

over

over themselves, and the parties

293

shipping them, having little interest beyond completing a cargo of the allotted number of souls and forwarding them at the smallest cost, are liable to the temptation

to overcrowd them in vessels

insufficiently supplied with. necessaries for their voyage Mamy

among the emigrants have been perhaps seduced to imeruk under faise pretences, or even kidnapped,

and, smarkings under a sense of injury, are disposed to infect the remainder with discontent. IF

is in ships carrying passengers of this class that the calamities

alluded to have occurred.

The

* '

هم

The Passengers to Manila, are as Mr Farsin represents for the

most part mechanics or petty.

traders, who go on their own

account, paying a rate of passage money and finding their own previsions, fuel and water only (with Rice in event of the private supplies falling short) being supplied by the vessel. Few are able and none willing, even though possessing competent means, to pay for their passage

at more

than a minimunerate,

in return for which however they -enjoy infinitely greater comfort and security, and accomplish. their

voyage much more speedily

294

than could be done in Chinese Junks. In the British vessels engaged in the trade they are much better accommodated

also, than in most of the tranish

vessels, likewise running hence to Manila, in which the Chinese hassengers are often excessively overcrowded. It is the interest of Masters of vessels to treat them wile, and if they have cause of complaint, redress is easily attainable. They Finerally form parties of relatives or fellow villagers, and most know from previous experience or through. their friends all the incidents to which they wili be suéject. Many

или

are not Emigrants in the usual

sense, but travel to and fro iwe

than

pursuit

بار

AGE

pursuit of their business. I believe. that Messrs Lyme 40 affirm rightly. that during the long period this passenger traffic has been carried on, no complaints have.

-vien heard in connection with it.

A similar passenger traffic cxists, but to a much greater "extent than with Manila, between Amey and the settlements in the Indian Archipelago. Facilities for it are afforded by the regular trading vessels, and the emigration and trade mutually support each other. Any restrictions which should. have the effect of increasing

295

the length of the voyage, or raising. the cost of passage, would Ecad to an immediate transfer of the peater part of British Frade

between the Straits Settlements and

Amcy to foreign flags (chiefly.

that of Holland) ·

The voyage from Amoy - either to Manila or to Singapore

is very short, ordinarily not excceding a fortnight or three wecks, and the utmost limit in

unfavorable weather is within

six weeks. The Fortina was sixticu days on her outward.

passage and wine in returning. The trip to Manila, during the

Vortion

the

AGEN

North East Monsoon, would be considerably lengthened by the necessity of touching at Hongkong; but, were such not the fact, the ditintion occasioned by putting into port would deter Chinese

From proceedings in vessels subject ti it.

Under these circumstances, I venture to subinit for your Excellency; consideration whether should it not be competent for the Hongkong, Legislature, in accordance with sect II of the Chinese Passenger's Act, to authorise a modification. of the Regulations, in so far as they are applicable to the passenfer traffic with the neighboring countries

within

within a six wecks voyage of

296

China; it might not in that case be expedient to recommend the adoption of such a modification. to Her Majesty's Government.

Every object of the Act in thise instances would be secured by the appointment at Amoy of an Ffficer, whether a member of

the

Consulate or other person, whose duty it should be to inspect passenger vessels and compel them

to limit their passingers to a reasonable number, and to carry sufficient supplies of Water and Rice,- obedience being guaranteed by a bond for a smaller amount than that required for coolic

ships

297

AG:

I wizi communicate with HM. Consul at Manila to accertain whether any complain's respecting. the treatment of the Passengers on board the "Fortund" on her. last voyage have been brought to his notice. I think there is ground to credit the assertion of Messrs Lyme & to that their offence drose out of a misapprehension of the law; and if it has not been attended with practicać wil consequences, Your Excellency may perhaps consider that the infliction of a fine, as provided. for in Lect. XII of the Act may be adequate to mark the character

{

of the offence, and to induce future caution. If the Owners of the "Fortuna" are to be prosecuted in the

Vice Admiralty fourt at Hongkong, I must beg. for express instruction as to the steps to be taken by me, the matter having been brought more directly to Your Excellencss

cognizance.

A penaltip in this Consular Court will be enforced against

the Fortuna, under the Port Regulations, for having neglected to report having passingers on board when she cleared out.

I have,

te,

(signed) M. (Morrisons

True tony

Goorgate

AGEN

S9 298

192

lir.

Amoy 12hsugust 1856

We have the honor to achinoulidge

状

receipt of your dispatch of Gth Instant, bearing reference to the conveyance of thinese passengers by the British

Brig "Fortuna to Manila, while neglecting to comply with the regulations of the Chinese Passenger Act of 1855.

acry

In reply, we beg to say that we are much surprised that amp such charge should be brought

against the "Fortina"; she has been running betwixt Amoy and Manila, for sometime back with passingers,

and

M. C. Morrison, Esquire,

H. B. M's vice Consul

Amoy.

101

+ᅥ

299

AGE

and we believe in not a single instance has any complaint been made against her. We have seen the Act of 1855, which we must say has hitherto been sinterpreted by us as referring to "Coolic Emigration", and not to the voluntary emination of Chinese labourers and petty Fadermen, to the neighbouring ports. This voluntary emigration has been in existence for a long term of years,

and we are not aware of having hard.

at any

time of abuses connected with

it. The passengers pay their own passage and take their own provisions

the ship finds a sufficiency of

water and rice in case of necessity They are under no contract but are

free

free to pursue their avocations în

arrival.

The voyage to Manila under favorable circumstances, does not take more than a few days. Wr observe buy the Act that the Fortuna ought

to have

Jone to Honghong to clear out; This in itself would not only spoil. the voyage, but prevent her from -ever again obtaining passengers. In the trade betwixt Amoy and Manica British bissels have already to contend. against heavy dutics inclosed on them by the Government of Manila, whilst the Spanish vessels are free, and if key are not allowed to

carrys passengers as they used to do, this branch of hade will be altogether. monopolired by Spanish bessels.

168

AGEN

In conclusion we would say. that, if we have crred, we have done so in ignorance, or rather in

misapprehension of the law, and we would express a hope that,

when His Excellency. Sir John Bouring - takes all the circumstances into consideration, the short voyage,

-the custom, and the absence of

any abuses devring, a very lends - period, he will see fit to exonirate

us from any blame or penalty.

in the matter.

We have, te.

(signed) F. D. Syme & &.

True Copy

honorya to

}

No.55.

Sir.

British Consulate

300

Amoy 12 August 1836.

In some conniction with the

subject of my. Despatch No: 54, of This date is another which it is

desirable to bring under Your Excellentgy notice, this relisting to the operation

If the Chinese Passengersitet of 1855

ufm the coolic emigration from

少

this and the adjacent parts of the coast as observable down to the

present time. It is unmistakable that the beneficial, rûjects aimed, at by the Act, and which it

His Excellency

Sir John Bouring LL.D.

Ve.

de.

die wis

}

שליט:י5

AGENT

}

otherwise would be calculated to effect are defeated by the provision making it necessary for emigrant.

ships from Amoy and Swatow to proceed to Hongkong before clearing- cut for their voyage. The general. Liverity and stringency of the Act besides may perhaps tend to a similar result by exposing accidental and trivial omissions to ruinous. penaltics, - the risk of which none will venture to incur. Whether from one or both of these causes, ridriy, all British vessel; have abandoned the employment, which is now carried on by foreign vessels, not subject to any supervision whatsoever.

The passage from Amoy or

Swatow

301

Swatour to Honghongs, except in clipper vessils, is during the South West Monsoon, of considerable length, and

would proportionately increase the discomfort of the coolics, who besides having to undergo a voyage of several months' duration arc often

woceks

kept on board ship many-

before starting while their complement is being filled up. If an Emigration ficer were stationed at Amoy as will as Hongkong the passage hence to Hongkong, would be saved, and vissels from Swatow might pracced either to Hongkong or Amey, is the direction of the monsoon should make preferable.

One very important point for the attention of an Emigration

Officer

混

AGH

pelicer is to ascertain that no passengers ure siniarked ixcept of their own pre will, and complaints on this head could be much more ffectually enquired into and ridressed hear the localities to which the Emigrants belong, than

ut a distance.

The emigration from this neighborhood would speedily become popular, were it known to be under an official control adequate to Ensure the redress of complaints.

& better class of voluntary smigrants

would soon offer themselves and

the necessity: would cease for the imployment of the malpractices in collecting them hitherto too

freeprent

302

frequent. Under judicious regulation, which the British Government is

in a better position to carry out

than any other, it cann

other, it cannot be doubted

that this passenger Fraffic, would soon be established on a prosperous

froting. It is hardly, possible to overrat's the importance of the Finefits it would be productive

of equally to the population of- Pris sia coast, and to Pose countries This

sowards which it would be directed, whose natural advantages only.

require the introduction of laber for their development.

True fohy.

Exproovy a to

I have, te, (signed). M. (Morrison.

AGE!

ריומים

ho: Yo

Sir,

In 19047 204

303

Superintendency of Trade

Hong Kong . 26-August 1856.

I have before

before one

Your two

Despatches hos. 521 and 55 dated 12th Instant on the subject of the

violation of the Chinese passengers Act by the British Vapel Fortuora

and

giving reasons why the Conveyance to Manila should

be considered as requiring

different Legislation from that.

M. C. Morrison, Esquire_

Im off 8. Nice Consul in Charge

at Aoudy

which

い

304

AGB

which concerns the shipment of Coolies to recoter regions.

I shall forward Hour Despatches, and dress" L. D. Syme for letter to the rart of Clarendon- I think there are good grounde

for

reconsideration of the

whole subject, but I do not feel warranted by local legislation to supercede the requirements of an act of the Imperial Parliament; at all events without previous

Consultatio

Consultation with Her Majestys Government, which is so Reculyf

alive to the horrible abuses.

Connected with Coolie Zuigration, and the accepity of ecething

come security against them by stringent Regulations. Up to

the present time, the Government has not thought fit to impree upon Consular functionaries

the responsibilities and duties which belong to Imigration Officers.

am, under the

Arcumstances

305

AGEN

Circumstanus, not desirous

of recommending your proceeding to extreme measures against the owners of the "Fortuna " " _

such as might lead to the

confiscation of the ship,

very severe penalties against "Press". Z. D. Lyme He, but I do not think her neglect of Obedience to the port Regulations

ought to be passed over.

A copy of this letter with

be forwarded with the rest

of the correspondence to the Earl

of Clarendon.

I have te-

Segued, John Bowring.

Shie

Copy

Mmony ate

;

AGENT

10933 Hong Flory and Foreign

DEC. 3 1856

Offic December 2. 1856,

306

9.0.10467

Sir,

I have laid before the Earl of

Letter of

Clarendon your

the 26thultimo,

Labouche..

est. That when

a Colonicall

Stating that Mr Srevetary

would

Ordinance _ is referred by the Colonial

the

Office to this Department it could be expedient life wesulting

Officers thereupon

Law Officer.

to Communicate

in the first instance with the Colonial.

Office, as Colonial Ordinances of

ave...

constantly refered

by the Colonial Office to the daw

and some confusion my

confusion might

importance

Officers,

Arise

Verman Merivale Eng

from

their bein

bring

ок

Consulted

ווי קזי:

-- malis and

прил

by separate Departments as to the came broinance, and I am to spart that you will inform Mr hentay Labouchere that Lord Clacendon Concers with him.

this point, but

on.

that His Lordship has to suggest

that when

questions are refered

to the Foreign Office from the Colonial Department it would be advisable to state whether the

Law Officers have been or ane to be

Consulted.

I am Sir,

Your most obedient

humble servant

Shelburry

307

من بحال

bby I presume but the heppiston.

Pully

of the Ft. C. is anot to the grouch -

It is cre

is eren areva cable practice. I believe. references to the Lawssines

to love fixe

l a

streetly to Cellenial questions, & it a sulequent

I cannot quito understand the reggertion

of the fort office, which seems

I lay 10)

I (if

may sentiero Citito hazarded, by way of a retort for finding fault. It is quits cary for to tell them whether the Law Officen Zanten consulted on any Laper in send them-hut I do. popitly tell them whether that must I a question.

not see

can

Law

they are tot comultes -

"equence to any other public tapt. is necpions For the Wijn Sed';

them

the should send the legal opinion, in theme it'i quasporta be the persent le

Fr. C. asked for an opencion

lole

e the

Colloma

Law rethink arring previous Comme

death this office.

9 дин

Listin

own

judgment. I went

redators by soos valle ingeribafe.

Xanadunding. Put by however?

km 83

Put by

M. X.6.

Aimmediate

Copies to Land

for

conson

Dear/56.

Draft with F.@ . 10920.

Goor

hafts

انسا

1002, trong động

1826 DEC. 3

RECEIV

with

بار

308

Passengers Act

Foreign Office-

December 6th 1856.

the Earl of flarendon Atronsmit

altime I am directed by

reference bring letter of the

herwith

Beyon

kie boemer

from

Her Majesty's

despatch with

Plenifestantiong in Sporin relation

working of the Chine

to the c

Passenger

act

that in

him Beause

papers before

Breguet

Labouchures you

the

and Lam

laging

Chive

Merivale que

аншет Син

informed whettin

Lord Clarendon

will move

}

lea

preparat

ри

Day Party as SAL

דיל

0011

AGE

on this subject and sent

& Sir John Browning by the mail of the 10th distant:

نا رسول

Jour

mostobedients

humble servant

Shelburg

helgures in

to repast that the

bie When Bowring's desputed maz returned, to this Department.

}

309

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Nor Ellist

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211001

310

duperentading of Trade

Hongkong - Sept 24

by Lord,

1856

Referring to a Despatch

he 262, dated 26th letters, in the subset of

the application of the Chinese Pappenger Act to Emcpants shipped at Amoz for the Philippine Witts, I have how the hour to Enclose a porther Communication for hesi dait the question Cogethuarte

не

with

answer to he tree Court? hension.

I shall be stad to recen

Это

The Earl of Clarendon

jour Lop's Instinctions on the

perats at face.

I have a

(b) Whn Bearing

Enter

1002. Hong Kong

The Carl of Phelburne

W. Ellish W. Merivale M. Ball

W. Labou chere.

WM.

8 Deer

9th Dec 1856.

My Lord,

311

In answer to Lour

Ladship's letter of the

6th wish accompanied.

a despatch for Sie

ал

Full Jober Backing 1:256 of

the of th of Sept, dam dirested by MW. Secretary, Labouchere to acquaint

you

that it appears

that Sir John Bowring

has addressed several

other despatches to this Department

well as to the Fore

Foreign

office

211007

312

Iffice as questions bearing as the infest of the present despatel,

And that EW. Labouchere

funds that the refinisite

uinstructions could not

be conveyed to fir

ed to Tir Jolew Douring by the mail

of the 10" inet, with the precision which is desirable in adeo to

settle the whole matter.

Еашин

dir.

Amoy, 19 September 1836.

With reference to the

conversation, Mr. Fait has had.

you

with request you

the

Subject,

ck, we

will draw the

attention of His Excellency, H As Clenipotentiary to the position we are in with respect to the English ship Ferozepore.

The circumstances are these; As agents of the vessel we have chartered her to Chinese for

M. C. Morrison Isare.

H. Ms Consul

Amoy.

The

AGE

the conveyance of cargo and passengers 40 Manila under the impression that as laid passengers are not contract laborers, but fice passengers paying each a fixed sum for his passage,

a certificate from you of

the vessel having complied- with the Act of Parliament

regards the number

received

on board te te.

would be sufficient to

obtain his port clearance Since concluding the

charter, however, we have

discovered

ད

313

discovered that in the Imperial

ack no distinction is made between passengers who are- contracted laborers, and those who are fee passengers paying their own passage money, and that in order to comply with the Regulations of the "I longtong Government the vessel must.

first procced to Hongkong, and there procure the certificate of an Imigration office.

We are therefore

compelled to choose between transferring the charter to a Foreign vessel or comply with the Hongkong regulations.

பா:

To do this latter will entail on

The ship, besides the risk of the lengthened. navigation, considvable. loss and expense in the shapes of compentation to the charterer for the

passage money. he will lose by passengers refresing to go via Hongkong including detention there being not less than double that of a

to Manila t

direck voyage to

this season.

As the Act of Parliament Ace not stipulate for vessels calling at Hougkong before procudings to Manila from this

but

,--

314

but as we understand implies

the existence of an Emigration Agent at this Port: and as

His recellency Sir John Bouring. can have no intention of sicluding the Englisi flag from the Frade hence to Manila and the Straits, though such will ' certainly be the effect of the existing Regulations, we

beg

you

will point out to him the

necessity of an alteration in he application of the Act.

The voyage

hence to

Manila during the months of Sctober to April inclusive, we

believe

AGENT

believe, never did occupy 20 days, and if the average of the voyages for the past ten spears be taken, it will probably. be found to be under of days, and therefore not applied to by the Act. Might not His

·xcellency. on consideration of this point crase Manila from the list of voyages to which the Act applies?

We have, te,

(signed) Tait M.

thue fapp

Mroodpate

Na 76.

Sir

hi 11007

315

Superintendency of Grade, Hongkong, 21. September, 1886.

I have

your Despatch so. 61 dated 21st inclants, in se

referenc

to the application of the Chinese Passengers Act to Emigrants from Amoy to a Manila, and inclosing on the subject from the fors.

Tait t

a letter.

Mefers.

I have taken the opinion

of the proper-law authority, and am advised that such Emigration undoubtedly

comes under the

M. C. Morrison, Espre

26. B. M. Offg. Nice Consul in charge,

Amoy

operation of the saids Act, and

I cannot supersede the

requirements of Imperial

by any local

legislatures by any

interference.

I think that the case is

deserving the attention of ther Majesty's Government, and will forwards the correspondence to the Earb of Clarendon by

the next Mail.

I have, 90,

( signe de ) John Bowring.

(Aue Copp)

Mtrovirate

17 Deer

S F. C

Sir,

5 Hang động 175

RECEIVED

DEC 2 1826

Foreign Office

316

December 11. 1856.

I am directed

The

Bail of Clarendon

of Clarendon to transmit

translation of

to you

note from the Spanish Chargé d'Affaires at this fourt, stating that the Queen of Spain has appointed von derenzo

Love

Juan Gutierrez, a Spanish Subject resident in Hong Kong),

Sterman Merivale legpe

سمجھ

to be Sher (atholic Majesty's Consul in that Colony

; and

I am to request that you lay the

dame

before In

Secretary Labouchere and

оногие

him

will

to inform dood

Clarendon whether he sees any

objection to the issue of

Ster

Majesty's Exequatur to Señor

Gutierrez

to enable him to act in

the capacity of Spanish fonsul at Morphing.

Jam,

Sir,

your most obedient

humble servant

Ammenit

317

AGI

Ner Memale

The Gorimber accliepatic this applice:

12611046

ten and

пех завствен ту

Jr. Cental Im Spain. Informitet O. Liste

12 Dear ng

با با کرده و

318

Translatin

The Underspied, (harze d Affairs

H. C.M. has the honor to infor

H. E. the Principal Secretary of

Hate of H. B. M. for Foreign Affair,

that the Rucon, his August Sovereign.

has been pleased to establish

Spanish

Parish Consulate at Hong Kong,

and to nominate thereto Son

horenzo Juan Gutierrez, & Stanin subject, who has been until now & Consular Agent in that place, Is 18. the Earl of Clarendon,

hah

de ha

Fr נ'- -

The Undersigned, therefore,

command of his fovernment, trans -

mits to the Earl of (Carendon, the

Royal Commission issued in favour

AGE

of S. Gutierry.

and in asking H. E.

to be pleased to obtain of H. M. the

HM,

Queen the grant of the Royal

Exequater, he has the honour

to repeats t

(Signed) Jean S. Comyn.

Shanish Legation

9th December, 1856

BJP 20

10,602

دره

10,703 Soi,

lapary ofren

Achany 24 Deer 13t

and 24 Deer/86

Goor

test_7 Dain/87

Dev 11

11234 trong đóng

REA

1336

319

Papsengers Act

Foreign Officer

December 13th 1886.

" Tam directed by the Carl of flamencton

bxtute

to you

that be caused

your

letter of the 24th of November last

вия

the referred to the Law beloixers of the frown together with the Report from the Emigration Commissioners on the subject of the polic hade at Thanghai, and the alleged the ufficiency of the Chrisr Resenger

bet

to put

down the illicit

the illicit carre

carrege

of thiness Passenzen by British expecte and I am Botransmit be you hereinig of the Report which has been received

a Copy

from the Law Officers upon this

سه

H. Merivale legpr

des

Subject

AGE

Subject, and to request that in laging the same before to Puretary Lubouchere, you

will move him to

Favour Lord Charenton with his

↓

as to the course to be taken

inion as to the

pinion

бре

under the [ircumstances of the fase.

чету игр

Jam, Sain

160ur. N

Your mort obedient

humble servant

Anument

The Secretary

FE411,239 Hry. Roy.

to the A diviralty

W. Elliot

W. Merivale

20 Dear.

W. Ball W. Labo chere. 23.

Anand-29 Deepst

Дес 11622

Six

Entered

320

24th Deer. 1856.

With reference to farmer carespandence

on the enforcement of the Churieve Passengers A ct, I am directed by MW. See: Labn where to

Acquaint you

that St. Mi

Consul at Shanghae впопереки

has represented that

British Vessels escaped

from the operation of this Act by taking bodies of Passengers

to a Chinese Port where

there

AGEN!

there are no

Corseels,

And there trans-

shipping them into

other vessels which

Convey those Passengers

to the West Coast of America, Havanna,

a other distant destinations.

I am desired to enclose

a copy of a repol

from

し

the Laws Offices of

Falign

the Gown to the Department on this

Subject: The fact is

that the device alluded

to by the Carsul at Shanghae cannot

strictly be called

it Jelent 1056

(2.7.0.11339)

An evasion

321

of ther

the Got

of Parliament. of the transshipment be made

from

one British Ship

to another which is

pisceeding as a lach

отрада,

the latter

becomes immediately a Chinese Passenger

Ship under the terms

of the Patute. In

sailing from a remate

Port she

may

indeed

biolate the Act, but

she cannot be said

to evade it, since it'

enactments fully

betend to her and if

detected

tiny

detected in a deviation

from them, she remains diable to the penalties

of the Law. The chaven of punishment however

must depend either

on her detection by

British Consul at any " Foreign Port to which

ове

may proceed, or

the Immigration Agent

Any

British Port,

a else by any of St.m's

Craisers which

may

fall in with her on the High Seas. Hitherto

the L. C. of the Admiralty

have

بم

have thought it

322

unadors able to impose

upon the Commanders

of this Vessels the

responsibility of seizing

fattie

such a vessel for

mere absence of

apers, unless

regular papers,

it should appear that

the Passengers

gers were

suffering from regleat

or ill usage, But as the prestion has been raised on the present

occasion whether this

authority ought

not to

be somewhat coetended,

I am to request that

fava ane,

you

will

for dr. Laboucher's

information, with

their Lordships

AGENT

ор

opinion on this suged.

идеа

Jaimoe.

воль

Fr.6.14289 Itrag. Krig.

323

Tie John Bowring

V. Elliot

V. Merivale ____

Ball

나

20 Dec.

4. Labouchers. 29

Siv

Entered

ов

1. Deo 1856

7 Dans 57

1. I have had before

one various despatches

bosey set to F. o in Neft 24 Died dressed by you

F.B. approve 3) Deept

Nor Labouchere

I have made

one, and others

Foreign

few slight atteration addressed to the

in this draft Department which have though passed been referred from

by you

this information

thence to this office,

Converged in the raising important

littery sime

questions Connected

recend from with the enforcement the 7. Office & of the Imperial. Patute adminalty styled the Chinesa

тури

Passenger Act.

These

2. The questions may be enumerated

follows:-

First, the propriety of any interference by st his Quisers, under

the provisions of this

lect, whether on the.

Seas

or is any

High place beyond Britiel Jurisdiction with either Freign Vessels or Vessels

with

Enot strictly entitled to

Any

rational Flag

Secondly, the

Application of the

Chinese Passengers'

Act

Act to Vessels

324

proceeding from China to the Phillipine Solande Thirdly, the practicability of

preventing

au evasion

the Auch pointed out

by Mr. Robertson St. M's Consul at Shanghae by means of British Vessels conveying Emigrants from stay

Kong to some unauthorised Port in China, and there transhipping

then into other Vessels

ee to

for Conveyance

distant Countries.

}

... ......

AG]

you

tianemit to

an extract of a repal from the Law

Offers of the Crown

dated the 20th of hor. Containing their opinion on the twon first of

thive

prestions, together

Law Off. 20. hod. (Eu 70. 10.920)

with an esotract of

Another report dated

the 11th of December

Containing

their opinias

on the third question.

αν

I also enclose copies

Exoti

setiacts

of tivo

Law Offs. 11 Dec. (Eu 70. 11.239)

reports from the Emigratio

Cours dated the 26th

261m

10703

in Dean

11373

Brant

9820

325

of hour and the 18" of

December on the sin

suljest

ation to the

of Enigration

Phillipines and of a

report from them clated the 3pt of Oct

Octron двен

on the

subject of the evasion pointed out by M. Robertson at Shanghae.

Some of these

questions have been raised by you

ат

Governa of Stang Kony

меша

And others in

in you

Capacity of Superintendent of Trade, but seeing how

Closely they

are

Connected.

Comcated to getties, I

have settled in concent with the Earl of Clarendow that you

should receive

you

directions cepor tie

whole

of them is the

present despatel. I

have therefre to

instimet you follows:-

First, No attempt

to to be made to enforce the Chinese Passengers Act Against a Foreign

Ship either

Seas or as

алу

on the thigh

where cloo

out

out of British

326

Jurisdictios. Reither

is a

any

such attempt

to be made in resped

to Vessels supposed

to be not strictly

Cutitted to any

rational Flag.

Seendly

regards voyages in Aritial Ships from

China to the Phillipine Slands, I'apee in

Лар

the opinions expressed

in the reports of the

-ation Cours dated

the 26"

of hovember

}

PĚLI KASAREST

DEY

AGENT,

And 18: of December

And I have to authorise

you

to take such steps

As appear to

you

most cxpedient for Carrying them into

effect, seeing that the Law Officers have

deported that

you

possess the requisite

legal power. You will therefore proclaim the length of passages from Chinese Ports as

well as from Hong Kong

under the third Section

of the Imperial Act,

having

having reference

327

such proclamation

to the difference in the lenght of voyages during

the North East and

South West Monsoon;

And

you will not pass раво

Any local Ordinance

which would relieve

any

Vessels nav

now sugest

to the Imperial Act from its operation.

There occurs here dubadinate question

whether the Consul al

Amoy may be

Appointed an

Emigratin

Agent,

.....

Agent, on which point

will receive

from the Trupi dest

instructions bensafter. If it be decided ion

the Affirmative, you

will of cause Communicate with bitte Conmal at amon

on all

Inatters Connected

with the enforcement of the Chinese Passengeri

Act at that Pork.

Thirdly, of the

transshipment alluded

to by W. Robertson be

made from

- One British

Vessel to Another, this

latter becomes unmediately

"Clarendon Linx amon in 4/57 his intactin

authorin sy 2. BC

In the event of Such an

apponitment. being made

A Chinese Passenger

328

Ship under this terms

of the Act. In saiting fo...

&n ay

a remote Port the

undeed oiolate

the Act, but she

Cannot be said to

loade it, luice it'

enactments fully

extend to her, and

defeated is a deviations

from

them she

remains

liable to the penalties

the Law. Should

of the

a British Vessel

Carrying

Chinese

Passengers be met on

the Thigh Seas without

beingAGEN?

with

being furnished in repular papers, the L. C. of the Ademiralty

have hitherto been

ove du

no willing to limp the Commanders of this Quisers the responsibility of actually seizing

such a vessel, unless the Passengers should

Appear to be suffering

from ill

m ill usa

usage

a ne

regled.

As the perection is acceged in some of the enclosed

apers whether this Authait;

should be somewhat extended, the Board of Adencialty will

on will not anticipate t

be consulte

the

you

ful jest,

turr

but

decision.

shavere

ommit sie

ви

11622156

Entered.

E. Hammond by

W. Elliol W. Merivale

W. Bell

Fr.6.11239 Hery. Kory.

20 Dear Sir,

to Laborchers. 2.3.

duity 7.0.21 thei

Bifat tertia

329

OS 24th Dec. 1856.

Witto reference to a recent Carespardence

upon despatõkes from Sir John Bowring

respecting the enforce_

ment of the Chinese

Jacin

ва

accu

Passengers Adl, directed by Mr. Secretary. Labonchere to state, fr

the information of the Earl of Clarendon, that he finds the variandi.

questions raised by Sie John Bowring

مه

Governor

330

Governor and in his Capacity of Superintendent of Trade to be so closely Connected to gettier, that they Icarcely admit of being dealt with Separately. For the

lake therefre of perspicuity and also of collecting into one place the directions

an the inatters which

present await

decision, I am to

request that

you will

suggest for the consideration

of the Carl of Clarendon

that it may

Carvenient.

casion to co

lee

teis

Cawey

instinations to Sie Jolen

Bouring

on the whole

of the pending question in a single despatak and I am desired

to inclose accadingly the draft of such a despatch, which.

should it aeet with

Lad Clarendan's

Concurrence,

Du Labmwhee

would propose

propose to send

to Sie John Bowring

100

for

]

----

AGEI

for his guidance on

porcită

the various points which he has

submitted as requiring

to be determined by St. Mr. Government.

I amoe.

яло.

پر اسکی مورنگ

Lord,

We corner

letter

has

21123956

ductors fouemons.

331

Qev. 11. 1836.

- favoured with Lord Shelburne's hov. 25. uelfe, in which he dates that

Jupate

dorreted by Y.L . to transmits bus a

a ito inclosures mceivers from Alle Pleimfestinting

b-2

siffinia I hangline, & the alleged maufficiency gehe Chine

the subjects of the folie Zade at

hungers but to put down the illicit

of Ehunei Pasringen leg

ви

carriage

British repels.

Lord Shelbwine was also,

was also pleased strammide tous a letter which Y. L. hard received from the Colonial office in reply to a referener from your

dest on the subject, together with a copy ofü Report from

the Emigration Commins lowers, &

we would take the papers

request that i

sito our consideration & favour Y.L.

with any

Soservations which we may

have tomake thereupon.

wounds we

In sundurice boys's commands have perusul & taken the papers

речиков

into

рит

consideration & have the honour Breport that

they suggest theree sulyjects for coinderation

& remarch.

jot.

at The statement fe practice which prevails at Hong

The Early launder

Hongthong by which the

Cheese

AGEN

- Chemise Passenger Aich is everdet.

2 . Norfourul Robertson's objection to the Chines Passengers Cut as

interference with the lows of China.

us an

3. that the instructions given to British fangers ase insufficient

xensure the cut being effectually

Curricut intexcention

The practice of candling & millifying the Chemise Papenzer Aut

20. coolici

may

thus stated.

By the lick as chstunde en British ship clearing from thonylavery with more then bound in Luly it to the heusing of Ataining Enigration Puppers, if the clas aut for a Post and distant from Houghing hure thaw 7. day's voyage

Lail

Stators & Portrusfuner

Posteuthing is writing

7 days of Hongkong, & British repels therefore leave Hongkong for Scators, where they Ironship the polies mits Foreise besiels, which dailing from definition of flences Infinger thises Contained in the but à therefore not amenable bits provisions.

Scontoud, are not wiction the

This encode of defeating the Act may be put a stopato by the Shipolature of hongkong exercising

the powers given bits by the 2nd & 3rd sections of the Pakenge Ach &

more stringent respecting

ध

Making

tions

British

332

British ships clearing out with folie on bount from the Port of Hongkong, & which has regulation, if conformned by tote, wild supersede those enter Contained in the Schedule to the but which are how evaded in the manner woh has been mentions

It must be recollected that the act is evadil

more then

by the transhipment of the Carlier at Swaton into Foreign crepes. Of they are transhipped in wa British vessel, such repel having 20. passengers native oflisen becomes allimen Passenger thicke (whatever (Quiere Post the sails free)

s i amenable to the provisions of the Au

Aut.

2. With respect the Robertson's remark_ that the Chemise Passengers but is an interferener with the law of Chernia that prohibits Emigration, it is only necessary to observe that the but is part ва тверд of the British Empire & suust he obserud

Cave

opete 2 enforced by all British authorities.

3. This harives is not done if the hustructions Frvin & British fingers

are not

Besie

4--1

detuin repels which are

Cherine Passenger Priser the ground writion the definition of the act-

of thein not having forsper Emigration Paper, unlech this also found that to Equine Passengers die suffering from neglect or ill-usage.

such air the wastecutions given by the Ardinally,

sally as statect in hs. Ererivales. letten to Mr. Hammond of hovember 24/56,

they would seem to be somewhat short of what is required by the Provisions of the Ret.

We have to

degend

Dottarding Bethell

Stewart Woolley

AGEN

Dee.

Law Oficers

11.1856

11028 trong nông

RECEIVER

Foreign Ofice gquee

333

December 30. 1836.

DEC 31 1856

Answered 21 Janj 57.

Deal & GM 2.1.

Jan 756.7

am directed

the Earl of by th

durenion to regnest that you

will

Labouchere

state to me becreta that her Majesty's Plenipotentiary in thisner having represented in the

Pirae

course of last year that Ping, in the China Seas was en

encou

encouraged.

the means which those

by the

engaged

in it possesed of supplying themselves

with corms and ammunition

and warlike stores from the Colony of Ronghong, it was durned to Sir John Bowring

14 Merivale Expe

AGEN

}

in reply, among other matters,

that there would seem to be some

means within the reach

of the

Colonial Authorities themselves

which might tend to check the

sail if it

was the case that

the Parties concerned in there

pratical proceedings supplied themselves with arms and

Stores

ammunition and military

from the Tolong itself. informed that be

and be was

would do well to consult

with the Attorney General of

Hongkong

khong hong

as to the caters of the

Power rested in him beshow to

restrict the exportation from the

lolong of

Cortides intended to be

33A

lised for piratical purposes.

I instore Copies of the subsignent correspondence with his J.Bowring

from his Me and of two beports of the Law

hos 151.309

No 165.

haw Spieces of

Squiers of the Crown upon this

subject; and I am & request

bugile and that in lagning these Papers.

hofors Mr. Labandere

you will

submit for his consideration

whether it might not be possibile

AGEN

.....

some Colonial Ordinance to

place such restrictions on

the

:sportation of Ammunition and Military Stores

from Hongkong would prevent them from being made subservient for the

prosecution of Pirace .

Јаша

Jour most obedient humble servant

ch Ball

11628 HK.

It seems to me tal copy dithe

335

this reljat

Cafe ordriame

1857

(farmed with a new to prevent supplies

to the kafin) might be sent to her fe

Downing.

:& the Forth office informed

that this has her done. It appar

susu confully framed of more

stringent

in its provisions than that in fore

at Hong Kong.

Am fan! mr91

dh Jadis

will

annex the

29 удист

пор

Find t

afiname

repured to at the end

Wide Anfort forming the

Cast Emborme

com 8:31

No Meniale

lerenexed

притуль

:m/]

4127

AGI

Enizred

E. Hemmand Eve_

1857

MINUTE

ITE

JANY

AIR Sadis

MRElliot

Merivale

MBJ. Ball

M.Sec:Labouchere

Ger

Draft to Gov

し

2005

336

11628 Hony Hery

21 Jaw/57

hi.

bitte reference to your

letter of the 30 letto-Sam

directed by der Labouchure

to acquaint you for the Information of the last

of Clarendon that he Concurs with his Loustif

ий

Junior that it is

gepuble to by some

posible

stringent Clonial

enactment to aishich the

exportation from Hory. Herry of babicles nitractedl to be used for Jucrativel Juspored, and that the

}

AGE

Gorenia has been indrumbel

to this effects, and has

beee punished for his

Measure

assistance in framing such a

with the handled womy

Jundarise

adesse

ви

of are believe the

Provisions of which

which was passed at the Cafe Clony

when it use

ин

Bayst

appear to her Labrechend my ceperunt to mentid

sufficient to answer

the Guspore regeret.

Hate.

Jesend as far as phricht

reporterin

It sanfreder,

nopply of pumpster

interi

Letter Bousing

و مرگ

NUTE

11857 JANY

;IR Jalis

Elliot

WR Morinale

M&J Ball

it Nec Latmachere 19

Wo. In

11628 Hary Mary.

کو

Eulered

1 257 24 57

نے

The Cost of Clounder

has refined to see the

337

Corespondence which has

Gassed betuere his Sonsliche

"Gourself relative to the

Anawdd 39 May Nowen vested in

7149

Brattle Ft. B.

you by

low to restuch the expertation

From Harry Hory of titiles

milenced to be used for

Grisalical Genopores.

H. Mis : Enemment an of opinion, eftir

ler sultabin with the low

Offices of the Groure, that it is possible by local exactinent to place such

restrubeus

In the

exportation of Reilitary

Stores as to gravent theen

Resed in the prosecution

being

Juracy.

and with this

всем

Thausmich for

Your guidance the lay

Joped of an brukenance. Persed

by the Legislattere of the

Pase of Good for exqulating

the Trade in

in Gun poroder_ ідин,

Juwden_

and there to doubt that

a low of this Naturl, which appears to be meae.

comfables stringent in its

Juurisiones & therefre

better

Cape Arclemaine 1857.

party paper 1852 p 2.10 Partypaper

aclapted to effect the object, then the Crelevance,

ha11620

Copy

Gypsy he 157.

2116287338

Houghong Mag 5. 1858?

My Lord,

In reply toysi despatch

No. 56. Shave the honor Estate that

having

communicated with the Atto

powers

Several as to the legal pomen Theld for restricting the exportation of ammunition Leilitary

stores when intended fo

pirateral purposes, Thane received the opinion of

milore

which Shave the honor B

Copy. Hongkong from the

absence Falurtomthouse, the chamber

its population, & the faulition which it offen for access difficulties

мер

on ale sedes, presents peculiar

thi

way of efficent interference.

Under all the circes I believe it will be best to

repain from action,

unless any care of pearlinity aggravated character shale prevent itself.

that

On the whole Shave reason to think there

the Chinese foust.

à a diminution

I have

し

(legend) Kohn Rowning

214.105

would prove

Quil

Дже

Ince in Hary Hangs

sufficient to much the

diffuretty you

how expencus.

Shave.

The Earl of (lecclinton

22 11620/55

339

AGEN

Сороч

дег

Hongkong May 3. 1856 ?

refetly byour injuries under date the 29th alte I regret tray that after devising much live the

law Brostried

diljit, I am unable & advin #42. Brelp upon any " power vested in him " the exportation fr

Eris

leg

frew this solony particles intended

" to be used for priatical purposes in the- of the despertit of the East of Clarenston. Upon prof munde lettrientin

destination, he

Case lay

ам

sectisfaction of their

may undoubtedly in any particular embargo upon the

exportation, or even effect a sengine; & the facts wils afforda pistification, in the covent of his being made Cesponsible for the measure. But the difficulty is immense, even if the proudings

of proof is of the exporters

але ибо

Сили

(as they

are t

nearly sace

The) Entried on

through third parties. The difficulty is of course so much the greater in those cases. The celebrated case of The Queen V. Zuluetas (buifly reported in 1. Carr. & Keris 215) is an apt illustration of the case with which the Charteres of a Ship

or the shipper of goods for a voyages of a piratical character

may excape Conviction in a farsiunal Court after the Offener is consummated. I need not-say

W. Woodgate Ey

that

ཨ ནི་

that to punish is even lefs difficult than to

prevent. The The

analogous queation of the legality of selling condemned slave wesels back of " I lave dealers, or selling them lawful food f " an aftertrands comployed in barten for dares " ( whether cvicintously or directly ) has been- made the subject of anxious cour-citration

in Parlament, with a wind to the posible

& Grevention by further legislation of the "zwinishing ofchon very considerable

those facilities for the slave trade / the spiccions of the present Chief Bason (at that time Ator feneral for England) & of the Justice Wightman, at that time founsel to another. public Department, were taken; the

Jane 8. /42. & the latter on

former Luly 8/40/-

8.142.

a toction dealings

Fir Fred Pollack was of opinion that

" An English owner, or marter, or "other person who "dealing"

Supercargo,

engages in such Commercial as above described, is not guilty "If any offence, nor subject bang punishment? Io Partice Wightman more quaded, edified

Justice

that " Unless the merchant knew when)

was

340

uired for

"he sold the foods, thint they were und

on the slave trade, se (W.) was "Carrying

" clearly of quinion that he was

not guilty of "Jelony" "" "that "the question of knowledge "would depend upon the evidence" and that "the fovernor could hardly do more than warn. "merchants not to deal in articles used for " bartering for slaves with suspected tepel, upon peril of the consequences!" The Committee of the House of fourquons" coluctantly : Came to the conclusion" (they say. Report Wear (not Julefriem 1842 ) that they come not " prepared & recommend that sech dealing thoud " be merde illegal by

new ennetinent & that

" a provision is difficult the carriedout, so "vexations, & yet so ine

& yet so ineffectical for its stylet, "Thould be made the subject plegislation:

I am

am of course aware that Robbery on the High Ceas is a Pernicy of a very different winet; & that what might not have been illegal & the British dealer with West African Plave Laders be, nazis, absolutely illegal

may

to the confeclerate of a Chinige Prate.

Pout the difficulties are not the lef in respect Sprevention than those stated in the founous Report ; & I cannot advise this back.

сами

& encounter their

Signed

Shake ke

Mucholen Ansley

יו

h. Ser. I Bowing's

ko. 151

1/56.

211620

341

po.

165

Foreign Office

на

August 9th 1855.

"A for . had had under their consideration your despatch no. 151. of Muy 5. Cast inclosing alshay Au Report from the Attorning feul. Of thong long in answer be

thin reference made f as to the legal powers held bytte klemised. for restricting the exportation Cammunition Military Flores when intended for pratical purposes ; & Thane too late toge

you having consulted this ford, er das fin File (rown, briefers are of pinion that as the Law at present stand, there are no sufficient legal powers vertect in th Pleside China & enable him trestial the exportation of ammunition & Militaray stores, although intended for piratical Jumposes

that

Some general ordinance might prachups he advantageously passed

trut should prohibig

the exportation of arino & ammunition, excepton

parins the terms of complying with regulation which might afford some sufficient security as to the place of their destination, & the pemons to

whom they are consigned. Jam e

Sir J. Bowning

Signed Clarendon

}

Copy

& 11620/56

342

Dacton Commons August 4. 18582

Copy

My Rout, We are

The Carl

Bus

(ommands

"We are honored with yut Egema signified in M. Hammonds letter of duly 0. Llating that he was directed to transmits cleapatite (200. 157./ frown 1810 Kleinsten infline meloxing a copy of a Report from

Alt. Soneral of Hongkong

kong in answer

as to the legal

the Alts.

to a reference Eunde & him powers held by 14m Plenite " for rosticcting

the Plecify the exportation of ammunition & diulitary Ntore when intended for firstical pursive de

& to request that we would later si Bowning's despatch & sto incloxuce into

report to 9. L. our Minion

consideration thereupon

In cautième Byte Grummands

ds we have taken.

this subject into consideration & have the

horous to report.

грав

That as the Sadat prevent Stanches

We think there

Lai

are

no sufficient Legal Powere nextiel in Wuklenisch in Ebenen to enable him to restrict the exportation, Aumminutions & miclitary & tow, although intended for piratical purposes.

Eme

ceral ordin.

generals

Part of Crundon me peural

ordinance

hiight.

AGE!

11620/18

343

might perhaps be advantageous by passed that should porohibit the exportation of arma & ammunition, except on the terms of complying wich

with regulations which

might afford some sufficient security as to the place of their destinations, the persons to whow they are consigual

We have si

Jo Harding

(Signed) Alsackburn B Bethell.

منت

་

$40.509.

Hongkong Sefst. 29. 1855. My Lout a reference & y 28 despueit von

165. of August 9 . I have the houer to tiete

copy of the Flongkong Gazette grand.

20. 1855. cone-

contemming a folonial sidinance po. 1 . of 1885, which has been confirmed by Her beigerty, having reference to the disposal of acumination & Michlary for on Kaving

Jam

Am Sorr

Sorry

Anes.

consulted the least Authorite,

& come to the conclusion

that no local legislations would afford

quate security so of the

adequate

as to the folace of

gieces of lach

destination of the conse

objects Slove

ке ј

Signed She Bewung

The Earl of Corendon

FAG)

Copy

My Lord

h116-20

344

Doctors gumond (drember 2017.

We are honored with the Jammands

نا

Ligned in Wo Hammond's latter of the 8t

Next Stating that with

referemo Bour Report of the 4th of August last lesson the

subject of the legal Pomers held by It's Penispy for restricting the

restricting the exportation

of Ammunition a lilitary, tores intended for piratical purposes,

the was directed

Beranteni.

bus a despatch from the.

Plenips in finie

in answer bra despatch

which ff. addreped thin on the subject,

a which was for inded on

он ойл

Report above

qnentioned; and be

Brequent that we wound Enter for training's "despatch, lagerher

with the

former papers into

Consideration, &

thereupon

report to ff. our effinion

In succience & tts Earme and

the have

taken this subject into consideration shave the honour to reports that

Your End of flaunton

;

acer

That in

former report fits 9th of Anguerlust it was suggested that a general ordinance mignole adsuntagency project, protileting the exportation farens x Ammunition, except

the Cervia of

مم

as to the

complying with aqgulations which might afford some sufficient security Glace pikan destination, a the person. to whom they cave consigned

eb.

It now appears from die Bowrings despatch of Lep. 29. that an Ordinances was passed at Hongkong in January conformined by 4th. Honghong the sale of

15756". & which was

forohibiting

Arms & ammunition, except in small

quantities; but it is not stated whether the onlincime / wt experiet on land. 1. 1865, has been renewed, or whecter it was effectual in its on

operation .

Bowring

however states that he has

come to the conclusion that no local legislation

"would aford adequate becurity

"place of destination

Military

ilitary Mores.

of this be a well.

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othe

the consignces" farms

founded conclusion,

the

345

the evil would seem to be without remedy; but

We would recommend an ordurance suitars

to the 6th section of the ordinance of land. 1855. prohibiting the exportation from Hong Hong

military stores without

stores without a permit

breuse

& alas forbidding " " permits" obe granted afficlavit of the merchant

without an

Shipping the stores as to the place of destination, name ves

of consignee, purpose of consignment, a also requiring

a bond that the arms & stores are con

fide intended for the purpose specified in the affidavit; & will worbe disposed

in another

of in

are

quarter.

not aware that anything

more can be clone.

We have a

So Harding

(signed)

Richard Bethell Heart Woolley

Copy The Law Offers

hom

Jee. 20.

2-581

your in

жафота

11,23

khi trong trong

For

RECEIVED

JAN. I 1337

346

Passengers act on Office December 31.18956.

I have laid before the Earl, of Clarendon your Letter of the 24th histant enclosing

a draft yan bituction which to Secretary

Lubouchere proposes to addrep to Sir When Bouring respecting the

лиде

Enforcement of the Chinese Pafengen Act, and I am to state to you. for he suboucheres Information, that His Lordship concurs in thise boteretions.

I am to add that Lord

Clarendon

saran Merivale Ees

189

Charcndcntill instruch in pha Bowring to appoint Her hajestys Consul at Amoy an Emigration if he has no buction

Agent for

to arge against doing so.

I am,

20.

Sur host thedient

humble Zervant,

menet

For Ellich

The des petih to Lie Woher Bruning may всего Грисия?

Wl1 Jan 17

واسمنا

Hor jades

Wire desfeatiti So be prepared for

Mr Labouchere's

صور

(

347

INDEX

lan

Hong

Kong

1856.

vol 7.

Public Offices.

Part 1.

Admiralty.

348

Colonels Caines Papage to

Point de Galle. Requests repayment of £61.6.8. —

Employment & Steamers

for Suppression of Piracy

Remains

emains of same opinion

as before. No vessels can be spared for the purpose

Feb 12 Papages of Mr Attorney Gen?

Sterling and Mr. Frotter

Clerk to Chief Justice applies for payment of. __

Mr Herlings Papage. Exclus

letter from P.&. C. Company shewing that Mr Herling received £100 to pay for his own Papage.

Chinese

349

836

Admiralty.

ar 20 Chinese Papenger det.

Points out objections to

Calling on Naval officers to undertake duties which would better have been performed by H. M. Consels

and other officers.

Api 14 suppression of Piracy.

Measures have been taken

to protect the trading _ Vepels.

30 Mr Sterlings Papage

Expense." Overpayment

A Bile for £ 16.13.4 made out to Mr Sterling in re- - payment of the overcharge.

May 22 Duties of Naval Commandus

under Passenger det of 1955- will instruct thes officers as requested, on the condition that they are held free from all exprences on account of their acts.

June 23 180 102 102 Encloses copy

of Instructions issued to Commandons in Chief.

Daim

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ONT DE

AGR

ادابید

ود

১

دد هدر نده

350

Admiralty

July

Claim

on account of

Passage Expenses of

LE Coll Caine and suite £11-£3.13-4-£37-

±12-6-8.

Mrr Gj. Mr Caine. £ 13.

MrK Reinaken

Mr Cleverty.

Hong trong

Mr Romagne

Aylon

Requested.

£ 87. £93.

£70.

Repayment of

Papages of Mr Niblett and his Family - Have been ordered pn Packet of 4 th September

Ang & Contract Papages.

Mr H. T. Davies and wife fur Packet 4th September provided

Lep 1 Mr Hicksons Contract

Papage ordered por Packet of 4th Octobin

202

De States the usual course followed to obtain payment

of Contract Papages.

Nolation

AGEN

Bry

351

་

1836

Admiralty

July 24 Violation of Chinese Papenger Act by Sandwich Island Vepels. Approves proposed Despatch to Gor?.

Du eq Admvialty Instructions

under Chinese Papenger Act- lees no

reason for

altering or adding to instruction already issued to Captains in Royal Navy.

Colonial agent.

Jan 12 Fire Engines - bere shipped

on 20th Ultimo per "Zane

& Isabella!!

ра"Зане

April 23 Naturalization Act and Certificate- Information

as to Cost of -

in reference

to Case of mor 200 Almada.

July 31 Iron Safe _ was forwarded

per "City of Carlisle" on 26th Instant.

Council Office

April 30 Legislative Council

Apponitment

AGE

`^..

1838

Gut

Council Office 352

April 30 Appointment ex-officio_of

Mr. J. C. Anstey - Enclous approving Order 28 April

1856.

Ang 23 200 Mr Mercers Appointm± Le 21st August 1856.

Board & Trade

Mar 25 Erection of Light House Prato

May

on Pratas Island, as

the Island belongs to the Chinese Government; their Consent must be forst

obtained.

5 Ordinance 2./56. No objection

to-

30 Registry Numbers for Ships

Euctores a letter from Board of Customs.

Aug 20 Ordinance 9/56. thipping

Nor

Regulation

Confirmed.

May be

Provision for a Sailors Home

Objects to the surplus

Revenue

Nov 29

Board of Trade 353

Revenue rained under Ordinance 6153. being applied to any other purposes, than that for which raised.

Foreign Office.

Dan 7 Chinese Papenger Act.

****

ון

Encloses Copy of Despatch to sir John Bouring.

12 Encloses copy of Circular Instructions to H. M. Consils.

Mrs Overbecks Appoint nt

as Prussian Consular agent Does any objection exist

thereto.

16 MP F. H. Blocks Appointme

as Danish Consil.

Does

any objection exist thereto &

23 Position & Barristers in Cases before Consular

Courts. Encloses copices of

two Despatcher to Sir. J. Bowring on the subject.

Feb 18 Chinese Papenger det

Forwards

AGE

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-ד' .

}

નં

1868 cont

Feb 18

Brav

Foreign Office 354

Forwards letter from Laws

Officers - suggesting certain alterations in proposed letter to Admiralty respecting – instructions to Commanders

of ships of war.

25 200

100 Encloses letter from Board of Trade.

Mr Hilliers Appointment as H. M's Consulat ham luquires if tturis is any objection to this appointment being Conferred on

Mr Hillier.

Act of the Colony of Victoria

imporing

Penally on

Chinese Immigrants. Enctores copy of a Despatch from sir Wohn Bowring,

20 Attempt of American Consal and Commander of American Squadion to set aside H,

M's M3, housdiction at Hong Kong.

Encloses copy of

Despatch to H. M's Minister at Washington, informing him theres.

Emigration

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གའ་ལྡན་

856

Foreign Office

apie 4 Emigration from Amoy in

355

1855. Forwards Despatch from H. Mrs Plenipotentiary in China, inclouing

a list

of Vessels which have left. Amoy in 1855-

Appointment of Mr Silas &.

Burrows. a as Consul for

new Granada. Enclous letter from H. M's Plenipolut.

reporting the answer

given

by him to the Minister for Foreign Affairs of New

Grenada.

May 9 Conduct of American Consul

June

and Commander of haval Iquadron – Encloses copy

of Despatch from Mr Grampton with copy of Desp from M Marcy.

22 Appointment of Mr Ludwig

Wiese, as Consal for Hamburg

and Bremen-

May ari

Exequatur be issued?

Chinese Papenger det.

Encloses Despatch fron sin 2. Bowring

Mrr Keenans

1101011

Buil

·H

انداد

ᄒ

пр

Foreign Office 356

June 23 Mrr Keenans services in

Capturing Deserters. _The

July

Thanks of H. M. Govermorets. should be conveys to Min. Keenan

through the Gove

Appointment as Consul at Siam - Has been accepted by Mr Hillion.

Emigration from Hong Kong

to Victoria

Encloses Lais

Officers Report upon Godr objection to ordinance of Victoria..

Property of the late Mr. John

Burd - Danish Consulen

Euctores letter from Danish Minister relation to administrac thereof-

Right of Naval Officers to interfore with Foreign Mify under Chinese Papenger Act. Requests information

subject.

on the

24 Molation of Chinin Vapengen

Act by Sandwich Island Vepeli. Approves proposed

Desp

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1838

Cone

July 24

Foreign Office

357

Despatch on the subject. 6 Mr Keenans Attempt to

Contest H. M's Jurisdiction

Approves proposed Instruction to Goverson on the subject.

Ray & Chinese Papengers Act.

Breaches of . by Vesele sailing under the Sandwich Islands Hag. - Encloses opinion of Law Officers in approval of proposed reply to Gol Report

lep

14 Mr.

S. E. Burrows Appointme us Consul for New Granada. Euctores note from New Granada Minister requesting recognition thereof

30 Ne 12. Encloses Copy of Reply

to New Granadian Minister

Application of Chines

Passenger det to Voyages

between China and the Phillippines. Encloses letter addressed by H. M. Consul; ate pramilfa to sir 8. Bowring on the subject

Import

...

1856

Foreign Office

358

Sep 20 Import Duties at Sandwich

Glands.

Goods direct

from Hong Kong. Enclose Despatch from H. M. Consul General, reporting the paping .of an Act, to repeal such duties.

Mr A. R. Johnstons application for Honorary Distinction

Mr Johnstons services under the Foreign Office

such

are not. to merit any

Zhonorary Distinction

Sep 3. Don Torribio & Lambarris Appointment as Consul for Chili - Enquires if any objection exists thereto.

Oct 10 Employment of H. M's Naval Forces in giving effect to Chinese Passenger Aot. Encloses opinion of Law Officers, that Vessels may be taken from one British. Port to another to be adjudicated upon

14 Coolie Emigrants, macas.

Regulations issued by

Governor

www.it

、

وبند

મ

185 cont?

bet 14

Rov

Foreign Office

359

Governor of Macas, relative

to shipment of Coolies. Excben Translation of . Chinese Passengers det

Alleged Insufficiency 1 the provitons of the Chinese Pafingers Act to Prevent the Exportation of Chinese Coolies. Encloses Report from H.M's minister in China for consideration & Report of the Gov.

6 Application of Chinese

Papenger Act to boyages

the

between Chinas and Phillippines. Encloses Desp from H. M. Consul at Manila with Despatch from sir d. Boaring.

Case of the "Fortina"

18 Ordinance 15/56. Amending Law of Evidence, and Trial by Jury - Encloses Despatth from Sir I. Bowring

24 Complaint of U. States Consul

of proceedings of Chief

Magistrate

*...**

344

7..

Nov 24

See

Foreign Office

360

Magistrate in Arrest of Chief Officer of "Annie Buckman! Enclous Law officers opinion to the effect that Foreign tepels are abjed to British Law, when in British Port.

Ziv

29 Application of Chinese Passenger

det to voyages between China and the Phillippines Euctores Despatch prom I . Bowring, with correspond = with Consul at Manila, & Acting V. Consal at amoy.

2 Law of Evidence with

reference to Correspondence on this Act and Colonial Acts in general. Concurs in Expediency in future, of

Consulting with the Foreign Office &

6 Application of Chinese

Papenger Act to voyages between Amoy and the Philipine Islands. Euctors further Despatch from sin J. Bowring.

Appointment

•

1886

Dec 11

Foreign Office

361

Appointment of Mr L.Gutierez

as Spanish Vice Consul. Is there

any objection to

Papengency of Chinese.

prevent illicit Carriage of Chinese Papengers. Euctores Law officers Report. and requests

opinion

desirable

as to the course mort.

to be taken.

30 Supply of Arms & at Hong

Kong to Chinese Pirates

Encloses Correspondence on the subject with his lohne Bowring and Report of Orown Law Offices.

Proposed Instructions to

Governor on enforcement of Papenger det, approos Will instruct his I Bowring to appoint H. M. Consul at ато Amoy; as Emegration Agent

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For In

362 END

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چه کردم

CO129/60 - Public Offices | 1856