prejudiced thereby, and that all thefr victims are converted into their prosecutors not alone here but even in the interior of China also-at such a time, it may be hoped, the brokers themselves, in their [rown interest and in dread of severe punish- ment, will be induced to recruit no others than genuine enigrants, Chinese who are disposed to go abroad and who hope to benefit themselves by doing so, a class of which there exist not a few in this populous Empire.
36. -Not to protract this Report to tou great a length, I will not at present descend to the details relative to the best method of administering the emigration of Chinese from Macao, but I shall have the honor of submitting them to Y. E.'s consideration at a more convenient opportunity. In the meantime, however, I deem it ing duty to call Y. E.'s attention to some clanses in the contract into which the Chinese emigrant
31.-The existence of brokers, therefore, if it be au evil, is assuredly a necessary one. 32. In view of this fact, two alternatives alone present themselves. The first is to prohibit Chinese emigration in toto, in or- der to avoid the crimes of which the brokers may be guilty. The second alternative is to put forth a new code of regulatious for emigration, simple but clear, and conceived in such manner as to provide a base upon which energetic and efficacious measures may be founded, that shall tend to check abuses and to counterbalance the influence of the brokers, and shall be capable of in-proceeding to Pero or Havana is accus- ducing the brokers to be more houest for their oren suke.
33.-The first alternative is easy of exe- cution, but Y. E. will see clearly that such a prohibition signifies a violation of a nato- ral right, the right of enigration. Such an extreine measure might perhaps justify it- self by the impossibility of repressing the abuses of emigration, were this impossibility brought to demonstration, after every expe- riment not yet attempted had been tried. Above all, it being recognized as a positive fact that there exists in China a superabund- ance of labourers and a deficiency of em- ployment, and such action tending to dimi- nish the means of obtaining subsistence for a multitude of persons, it would be unjust and even absurd to prevent such persons, whom their own country cannot maintain, from being transported to other countries where labour abounds, where an assured and decont maintenance is offered to them, and where they are promised the protection of civilized and Catholic Governments who will not fail to watch over the well-being and the liberty of immigrants.
34.-The other alternative is in the pre- sent case the only one that can be recom- mended. It appears to зne, however, that the basis of any new regulation whatsoever should be the creation of a house or of a special establishment under the direction of the Government, as has already been said, where the emigrants should be collect- ed after registration, where they might enjoy full liberty for reflection without either physical or moral coercion, before siguing the contract, where they might be entirely free from the influence of the bro- kers, where they might acquire confidence in themselves and in the Government that protects them, where they may disclose without reserve any frauds whatsoever of which they may perchance have been the victims, and where at length one may suc- ceed in getting at the truth from the Chi- neso by giving them every guarantee for freedom and security.
tomed to enter with the agent who engages hip.
37.---This document, as is obvious, is the basis of emigration of hired labourers, and 1 consequently an of opinion that of all that I have said with respect to emigration there is nothing that deserves the attention of Government in a higher degree than the contract. It is the guarantee of the emi- grant's future, and the source whence the emigrant hopes that amelioration in his condition will accrue, the attraction that leads him to make the sacrifice of quitting hia family and his native laud.
35--When such precautions shall have been accompanied by the most rigorous repressive enactments, when brokers guilty of criminal acts shall be prosecuted without mercy, not alone at Macao hut in their own country through the medium of the Chinese authorities, when an unremitting vigilance shall grant immunity to no offence what- ever on the part of the brokers, --then the brokers themselves, perceiving that their illicit machinations cannot prove successful, that their falsehoods are unmasked and that their interests, far from being advanc ed by ille fal measures, are on the contrary!
38.--As this contract has to be legalized here by the local authorities, it is incon testable, therefore, that the Government has the right of exercising vigilance to en- sure that the compact be expressed within the limits of justice and equity.
39.-In the contract of the emigrants who proceed to Havana there exists a clause, in which it is said that after the ex- piry of the eight years for which it endures, sixty days are allowed the emigrant for return to my country (China) at my own expense if this should suit me, or for the purpose of seeking an engagement with such a master as may be most useful to myself." Hence it follows that even after the expiry of the eight years the labourer is not at li- berty to depote himself to any occupation that may suit his wishes except under the guardianship of a master. From this Y. E. will see how desirable it is that the contract should be made more liberal, the agent re- nouncing this clause, a clause which, be- sides, does not exist in the contract of the emigrants who go to Peru.
40-As regards the return of the omi- grants to China, it is impossible to hope, Bave in the rarest exceptional cases, that they will be in « position to defray for themselves the cost of passage, immediately after the expiry of the eight years. What- ever little savings they may perchance have made during this period out of their wages would not in the majority ofcases be auf. ficient for the purpose.
41.-In view of the fact that the principal object of this emigration is not so much colonization as the supply of labour, it appears to be just and equitable that the emigrants after having coupleted the term of their contract, and having laboured remote from their country and their rela- tives during cight long years, should have a free passage for their return to their homes if they wish is, to be paid by those who profit by their toil during so many years. If the contract could guarantee this advantage to the emigrante, Chinese
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Emigration would assume a far more hu- mane aspect, and many advantages would result therefrom to the agent himself, who would with greater ease find emigrants in increased numbers and of a better descrip tion. Many expedients might be named for obtaining this end, but I refrain from citing them in this place, as it may not possibly be opportune in the present Re- port.
42.-I also (deem it excessive to require
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12 hours of labour per diem from the emi- grants in a climate such as that of Havana and Peru, and, in accordance with the information in uy possession, the coolies a themselves do not, as a general rule in these countries, labour more than ten hours per diem, so that there would be no difficulty in modifying this clause for the greater security of the emigrants, expunging at the same time the exception inserted in the contract in the words "saving always service within-doors in houses in the country."
43. According to the contract, eight dol- lars (88.00) are advanced to the emigrant under the head of outfit, immediately after the signature of the contract, on condition of their being subsequently deducted from his monthly wages at the port to which he is destined. This advance, I aim of opinion, should be considered as the amount of which should not be deduct- a simple bonus, ed from the wages.
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44.In the present Report I have limited myself solely to the consideration of two i essential points, viz, the precautions necės- sary for ascertaining the spontaneous con- aent of the Emigrants, and the modification of the contract, as I am of opinion that nothing more would remain to be wished for if it could be ensured that all the Chi- nese who emigrate from Macao for any country whatsoever are voluntary emigrants making up their minds to emigrate free from all pressure of any description, and who go from hence protected by a just and reasonable contract.
45.- Respectfully submitting to Your Excellency's consideration the reflections I have set forth above, I entreat Your Excellency's indulgence for the same, in consideration of the sincere intentions by which they are dictated.
46.Glad as I should feel to be able to continue in the discharge of the functions confided to me by Your Excellency, I am, nevertheless, forbidden to do so by my other obligations and my (commercial) affairs; and I am under the necessity of requesting that Your Excellency will be pleased to relieve me of the duties of Superintendent of Chinese Emigration.
47.-May God protect Your Excellency, -Superintendency of Chinese Emigration, Macao, 4th April 1868.
To His Excellency Sr. José Maria da Ponte e Horta, Governor of Macao and Timor.
(signed)
B. S. FERNANDES, Superintendent of Chinese Emigration.
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