22
Macao which it does not assert in its communications with the Government of China.
But local sovereignty is the foundation upon which must rest any claim of jurisdiction in any place over the subjects of foreign States, and if Portugal has no right of sovereignty over Macao, and if she acknowledges, even by the payment of an annual rent, the sovereignty of the Emperor of China therein, she cannot claim a right to exercise at Macao jurisdiction over the subjects of the Queen of England. Hence, it follows that the imprisonment of Mr. Summers by the Governor of Macao was unjustifiable with reference to international law, and that the British Naval Officers were on that ground alone, and without reference to other reasons, borne out in their demand for his immediate liberation.
November 29, 1849.
In replying to this note the Portuguese Minister Baron Moncorvo; gave his version of the events which took place in 1802, 1808, 1809, and 1839; and he then made the following statement with regard to the position of the Chinese in Macao:
"The Government of His Majesty has established there a free port, and has consequently caused to be removed the custom-house which registered vessels there, not allowing in the city any functionary of that Government, except the so-called Mandurin of Macao, to act as a kind of Consul, intermediate between the Chinese population and the Government of the city. The Chinese there are subject to the Portuguese authorities for matters of civic police and other objects; they pay the industrial and predial impost, as they formerly paid duties in the Portuguese custom-house, which were abolished when Macao was declared a free port.
"No Chinese authority, with the exception of the Mandarin of Macao,7 is permitted to enter the boundary-gate in the wall, unless by day, with previous notice to the Governor, unaccompanied by armed force, or gongs; and
"The commerce of Macao with Canton and the other ports of China open to foreign trade is regulated by the same forms as that of Hong Kong with these ports;" and he concluded by saying
"From what has been stated, the sovereignty of the Crown of Portugal over Macao is irrefragably proved. The sovereignty of the British Crown in its possessions in both the Indies has assuredly not
State Papers, vol. xlvii, p. 912.
State Papers, vol. xlvii, p. 927.
To Mr. Bruce, No. 112;
July 10, 1861.
To Mr. Paget, No. 825;
July 1857.
From Mr. Paget, No. 35;
August 26, 1857.
From Sir J. Bowring, No. 235;
1857.
From Sir J. Bowring, No. 338;
July 31, 1867.
To Mr. Paget, No. 26;
October 2, 1857.
From Mr. Howard, No. 25;
February 5, 1858.
Mr. Bruce, No. 188;
December 12, 1861.
23
had a more legitimate origin, nor does it rest on more solid foundations."
The case of Mr. Summers was concluded by the British Government expressing its regret at the conduct of the British naval officer, and paying compensation to the men who were wounded, and to the families of those who were killed in the attack on the prison at Macao.
1856.
On the 18th August, 1856, a Portuguese Law was passed providing for the liberation of slaves on entering the Portuguese Territories, § 5 of which declared that its provisions should be observed in the city of Macao and its dependencies; and, on the 23rd December of the same year, another Portuguese Law was passed abolishing slavery in the city of Macao and its dependencies.
1857---1861.
On the 21st July, 1857, Dr. W. Kane was appointed British Consular Agent at Macao, and Mr. Paget, who was then at Lisbon, was instructed to ascertain from the Portuguese Government whether they had any objection to his appointment, when they stated that they had not, but requested to be furnished with Dr. Kane's Commission, in order that the necessary exequatur might be issued; but as Dr. Kane was furnished with no Commission no exequatur was required. Dr. Kane resigned, and on the recommendation of the British residents at Macao and "of the Portuguese Governor," Mr. O. Cleverley was nominated to succeed him. Sir John Bowring's despatch containing these recommendations in favour of Mr. O. Cleverley was sent to Mr. Paget with instructions to communicate it to the Portuguese Government, and to ascertain whether they had any objection to the appointment.
The Portuguese Government, as before, replied that they had no objection, but requested to have the "Letters Patent," in order that the Royal confirmation might be obtained; but, as in Dr. Kane's case, no Commission was granted, and therefore no exequatur was necessary.
Mr. Cleverley died in England on the 1st June, 1861, whilst absent from his post on leave.
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