and indolence, they shall be reported against with severity. It is impera
tively necessary that the power of the naval and land forces should be
made to act in unbroken concert, so that the barbarian ships may have
no way of irregularly pushing through.
2. When barbarians stealthily transport muskets and cannon, or
clandestinely bring up foreign females or foreign sailors, to the provincial
city, the Hong merchants shall be held responsible in all points, for
investigating the matter.
It appears on examination, that barbarians may carry with them one
sword, one rapier, and one gun, each ; this the regulations do not prohibit.
But if they presume, besides this, to bring cannon and muskets, or other
military weapons, and foreign females, up to the provincial city, the fixed
regulations hold the men and officers of the guard stations responsible for
finding out and stopping them. The guard stations have indeed the res
ponsible duty of searching and discovering ; but the barbarian merchants
at Canton, dwelling in the outside barbarians' factories, the apartments
which they occupy are all rented by them from the Hong merchants. The
said merchants' ears and eyes being so close to them, they certainly cannot
be ignorant (of anything they do) ; it is evidently befitting that they
should be held responsible for investigating and finding out.
Hereafter, the barbarians of every nation shall be utterly disallowed
bringing up muskets, cannon, or other military weapons, or foreign
females, or sailors, to the provincial city. If any should clandestinely
bring them up, the Hong merchants from whom their factory is rented,
shall be held responsible for discovering and preventing it, and for dis
allowing them to be brought into the factory ; and for at the same time
repairing to the local magistrate to report (any such attempt). Should he
suffer, connive at, and conceal such, the said Hong merchant shall be
punished according to the law against clandestine intercourse with outside
nations. The officers and men of the guard stations, who fail to discover
such misdemeanors, shall also be severally tried and rigorously punished,
as guilty of failing to investigate, and wilfully conniving !
3. Pilots and compradors of barbarian ships, must have licenses from
91
the Tungche of Macao ; it must not be allowed that they should be
privately hired.
It is found on examination, that in the office of the Tungche of Macao,
there have hitherto been appointed fourteen pilots ; and whenever a bar
barian ship arrives in the sea outside of the Bocca Tigris, a report should
be made to the said Tungche, that he may command a pilot to take the ship
into the port. For the provisions and necessaries required by the bar
barian merchants on board the ship, a comprador should be employed,
who is also selected from among men conspicuous in their native village
for substance and property, and is appointed by the said Tungche to fill
the station. Of late, there has constantly been a set of vagabonds in the
outer seas, falsely acting in the capacity of pilots, who artfully make away
with the goods of barbarians, and then run off. There has also been a
class of vagabonds who craftily assume the name of compradors, and
unlawfully combine for the purpose of smuggling, and other illegalities.
When the thing is discovered, and search is made for them, their names
and surnames having been falsely assumed, there are no means of finding
and bringing them to trial.
Hereafter, the Tungche of Macao, when appointing pilots, shall ascer
tain fully, their age, and outward appearance, their native place and habits
of life, and .shall then give them a place in the list (of pilots), and also a
sealed and signed waist-warrant*. A list also shall be kept of them, and a
full report respecting them sent to he governor's office and to the Custom
house, to be there preserved. When they have to pilot in a barbarian
ship, a sealed license shall be given to them, stating explicitly the names
and surnames of the pilot and of the master of the ship ; which when the
guard stations have verified, they shall let the ship pass on. Any men
without the sealed and signed waist-warrant, the barbarian ships must
not hire and employ.
With regard to the compradors required by the barbarian ships, when
anchored at Macao or Whampoa, they must all have waist-warrants given
to them by the said Tungche, and must be subject at Macao, to examination
by the said Tungche, and at Whampoa, to examination by the Pwanyee-
heen magistrate. If the barbarian ships come in or go out contrary to
the regulations, or if the barbarians clandestinely go about in small boats
to places along the coast, rambling among the villages and farms, the
pilots shall be brought to a strict investigation. And if there be any sel
ling or purchasing of contraband goods, or any stealthy smuggling of
goods liable to duty, and the compradors do not report the same according
to the truth, their offences shall be rigorously punished.
4. With regard to hiring and employing natives in the barbarian
factories, there must be limits and rules clearly settled. ,
On examination, it appears, that it was formerly the regulation that
the trading barbarians should not be permitted to hire and employ any
natives except linguists and compradors. In the 11th year of Taoukwang,
it was, on representation (to the throne), permitted, that in the barbarian
factories, for gate-keepers, and for carriers of water, and carriers of goods,
natives might be hired for (foreigners) by the compradors. But the silly
populace earnestly gallop after gain, and possess but little shame. And,
adjoining the provincial city, are many persons who understand the bar
barian speech. If the barbarians be allowed to hire them at their own
pleasure, it will be difficult to prevent unlawful combination and traitorous
procedure. It is evidently befitting that a limit and rule should be fixed,
and that. a special responsibility should be created.
Hereafter, in each barbarian factory, whatever the number of bar
barians inhabiting it, whether few or many, it shall be permitted only to
employ two gate-keepers, and four water-carriers : and each barbarian
merchant may hire one man to keep his goods. It shall not be permitted
to employ any more beyond this limited number. These men, the com-
-prador of the barbarian factory shall be held responsible for hiring; the
* This is a piece of wood with characters cut thereon, to be carried about the person, hence called
■" waist-warrant."
N 2 *
92
linguists shall be held responsible for securing and filling up the places of
the compradors ; and the Hong merchants shall be held responsible for
securing, and filling up the places of, the linguists. (This will be) a
shutting-up regulation, extending through progressive grades. If there
be any illicit combination, or breach of law, only the one who hired and
stood security shall be answerable. At the same time, commands shall
be given to the Superintending Hong merchants, to make out monthly a
fair list of the names and birthplaces of the compradors and coolies under
each barbarian's name, and hand it in to the district magistrate, to be
kept in the archives, ready at any time to be examined. As to the carriers
of goods, the linguists shall be commanded to hire them temporarily, when
the time comes (that they are required) ; and when the business is
finished, to send them back. As to the natives being hired, to become the
menial attendants of barbarian merchants, under the name of shawan,
(servants,) it shall be eternally prohibited. Should barbarian merchants
hire coolies beyond the limited number, or clandestinely hire shawan
(servants) as menial attendants, the linguists and Hong merchants shall
both receive punishment.
5. With regard to barbarians' vessels sailing about in the inner river,
there should be reductions and limitations severally made, and the
constant practice of idly rambling about should be prohibited.
It appears, on examination, that the barbarian trading vessels, when
they enter the port, anchor at Whampoa. In going to and fro, between
Canton and Macao, the English Company's skippers only have hitherto
been permitted to travel in flag-bearing sampan boats. This kind of
sampan is a boat with a rather large hull, and a deck over it, rendering
it easy to carry in it military weapons and contraband goods. Now that
the Company has been dissolved, all the flag-bearing sampan vessels
should be done away with.
As to the barbarians residing in the barbarian factories, they are not
permitted to presume to go in and out at their own pleasure. In the 21st
year of Keaking (1816), during the period of the former governor, Tseang,
being in office, it was arranged, that on three days in every month, namely
the 8th, 18th, and 28th, they should be permitted■ to ramble about once, in
the neighbourhood. Of late years, the said barbarians have continually
disobeyed the old regulations, it is imperatively necessary to enforce
powerfully the prohibitory commands.
Hereafter, all the barbarians, when their ships reach Whampoa, if they
have any business requiring them to go to and fro, between Canton and
Macao, or to interchange letters, shall only be permitted to use uncovered
sampans, they may not again use flag-bearing sampan vessels. When the
small sampans pass the custom-houses, they must wait until they are
searched ; and should they have in them contraband goods, or cannon, or
other military weapons, they must be immediately driven out. The bar
barians residing in the factories shall only be permitted to ramble about
once a day, on the 8th, the 18th, and the 28th days of each month, in the
neighbouring flower gardens, and the Hae-chwang-sze temple (on Honan).
Each time there must not be more than ten individuals, and they must be
limited to the hour of 5 in the evening to return to their factories. They
must not be permitted to remain out to sleep or to drink liquor. If, when
it is not the day when they may receive permission, they should go out
to ramble, if they should exceed the number of ten individuals, or if they
should go to other villages, hamlets, or market places, to ramble about,
the Hong merchants and linguists shall both receive punishment.
6. When barbarians petition on any subject, they should in all cases
petition through the medium of the Hong merchants, in order that the
dignity of Government may be rendered impressive.
On examination, it appears, that the written characters of outside
barbarians, and of the Central flowery people are not of the same nature.
Among them (the former,) there are some who have a rough knowledge
of Chinese characters, but they are unacquainted with style and good
diction, and are ignorant of the rules required for maintainance of dignity.
When they petition on affairs, the expressions used are void of intelligent
signification, and there is always much that it is difficult to explain.
93
They also, in an irregular manner, adopt epistolary forms, and confusedly
proceed to present papers themselves, greatly infringing the dignity
of government. Moreover, that for one and the same barbarian affairs,
petitions should be presented, either through the medium of the Hong
merchants, or by barbarians themselves, is an inconsistent mode of
acting.
Hereafter, on every occasion of barbarians making petitions on any
affairs, they must always have the Hong merchants to petition and state
the circumstances for them. It is unnecessary that they should them
selves frame the expressions of the petitions. If there be an accusation
to be brought against a Hong merchant, on any affair, and the Hong
merchants may perhaps carry it oppressively, and refuse to petition for
them, then the barbarians may be allowed to go themselves to the offices
of the local magistrates, and bring forward their charges ; and the Hong
merchants shall be immediately brought to examination and trial.
7. In securing barbarian ships by Hong merchants, there should be
employed both securities by engagement and securities by rotation, in
order to eradicate clandestine illegalities.
It is found on examination, that when barbarian ships come to
Canton, the old rule is, that they should be secured by all the Hong
merchants in successive rotation, and if they transgress the laws, the
security merchants are alone responsible. Afterwards it was appre
hended that securing by rotation was attended by offences of grasping
and oppressive dealing, and all the Keankeo barbarian (i. e. country)
ships were therefore permitted themselves to invite Hongs to become
their securities. Now, the Company has been dissolved, and the bar
barian ships that come are scattered, dispersed, and without order; if
the responsibility of being secured by the Hong merchants in rotation be
again enforced, as formerly, it is apprehended that offences of extortionate
oppression will arise. And yet, if suffered themselves to choose their
securities, it is difficult to insure that there will not be acts of unlawful
combination.
Hereafter, when the barbarian ships arrive at Canton, they shall still,
as formerly, be permitted to invite Hongs wherein they have confidence,
to become their engaged securities, and all the trade in goods, the
requesting permits, the payment of duties, and the transaction of public
affairs, shall be attended to by the engaged security merchant. In the
payment of duties, the tariff regulations shall be conformed to; it shall
not be allowed to make the smallest fractional addition. At the same
time, to each vessel shall be appointed a security by rotation, which duty
each of the Hongs shall fulfil in the order of successive routine. It shall
be his special duty to examine and investigate affairs. If the engaged
security merchant join with the barbarians to make sport of illegal
practices and traitorous machinations, or secretly add to the amount of
duties, or incur debts to the barbarians, the security merchant by rotation,
shall be held responsible for giving information thereof according to the
facts, that the other may be brought to an investigation, and that any
debts may be reclaimed. If the security by rotation connive, he shall
also on discovery be brought to an investigation.
8. If barbarian ships on the seas clandestinely sell goods chargeable
with duty, the naval force should be held responsible for finding out and
seizing the same. Also, communications should be sent to all the seaboard
provinces requesting them to examine and investigate.
It appears, on examination, that when the barbarian ships of every
nation bring goods to Canton, it is reasonably required that they should
enter the port, pay measurement charges and duties, and sell off, through
the medium of the Hong merchants. But the said barbarian vessels
continually cast anchor in the outer seas, and delay entering the port, and
some even do not at all enter the port, but return and sail away: not only
storing up and selling opium, but also, it is feared, clandestinely disposing
of foreign goods. We, your Majesty's Ministers, on every occasion of
this being reported to us, have immediately replied by strict directions to
the naval force, to urge and compel them to enter the ports, or if they
will not enter the port to drive them instantly away, and not permit them
to loiter about. We have also appointed officers at the various maritime
94
entrances, to seize with strictness, smuggling vagabonds. In repeated
instances, men and vessels going out to sea to sell opium have been
seized, and on investigation, punishment has been inflicted. But the
province of Canton has a line of coast continuous along the provinces of
Fuhkeen, Chekeang, Keangsoo, and Teentsin (Chihle). Traitorous
vagabonds of the several provinces sail in vessels of the sea on
the outer ocean, and clandestinely buy and sell goods, dealing with the
barbarians, and then carry back ("their purchases) by sea. This class of
traitorous dealers neither entering nor leaving by any of the sea-ports of
Canton, there are no means of guarding against or seizing them. And
the foreign goods having a divided consumption, the amount that enters
the port is gradually lessened, the consequences of which on the duties
are great.
Hereafter, the naval Commander-in-chief should be held responsible
for giving commands to the naval vessels to cruize about in the outer seas
in a constant course ; and if there be any dealers approaching the
barbarian ships, clandestinely to purchase foreign goods, immediately to
seize them and give them over for trial and punishment. Also, regulations
should be established, that vessels of the sea, of whatever province, when
wanting to purchase foreign goods, shall all repair to the chief Custom
house of Canton, and request a sealed manifest, enumerating the goods
and their quantities, and that none shall be permitted to make private
purchases. Communications should be sent to the provinces of Fuhkeen
Chekeang, &c, that general orders may be issued, requiring obedience to
be paid to this, and that strict search may be maintained in all the
sea-ports, that if any vessel of the sea bring back foreign goods, and it
appears that she has not the sealed manifest of the Custom-house, they
shall be immediately regarded as contraband, and on legal investigation,
the vessel and cargo confiscated.
Taoukwang, 15th year, 2nd moon, 10th day. (March 8th, 1835.)
No. 39.
Sir G. B. Robinson to Viscount Palmerston—(Received September 26, 1835.)
(Extract.) Macao, April, 13, 1835-
AT the same time that I am intimating my resolution to maintain
our present position until we are in possession of the views and intentions
of His Majesty's Government, I shall not fail to take advantage of casual
and unforeseen incidents, whereby beneficial results may be obtained.
I was credibly informed that the local authorities and Chinese
generally, were in a state of much anxiety and alarm some time ago. when
the early ships from Bengal were expected. An unfounded and absurd
report which ill-judging persons ignorantly or mischievously promulgated,
of seven or more ships of war being off the coast, produced a lively sen
sation and considerable alarm in Canton ; but the arrival of letters and
papers from India putting an end to immediate apprehension, and
encouraged, I fear, in the idea that the events of last year will be consigned
to oblivion, I believe little comparative interest is exhibited 'at the present
moment, although there is no doubt their fears and anxiety will again
return as the time approaches for the arrival of important despatches.
It now becomes a painful but imperative duty to express unfeigned
regret at the dissensions and violent party spirit that has so fatally pre
vailed, and even now exists to a fearful extent, amongst the mercantile
community of Canton. Your Lordship will, I feel certain, acquit me of
any other feeling, save a sense of duty, when I call your attention to this
dangerous state of society, and express my firm conviction that the un
toward reception at, and disastrous removal of, His Majesty's Commis
sion from Canton, was mainly to be attributed to the bitter party feeling,
which I am sorry to assert, reigned at the very moment when general
unanimity, and cordial cooperation, should have aided and strengthened
the efforts of its officers
In no country, in no case, are dissensions so injurious, or unanimity
95
and good will so essential to the public welfare as in China, but I lament
to say I have invariably witnessed the evil effects of an opposite state of
affairs.
Without reverting- to the past, I wish strongly to point out the
absolute necessity of placing the officers of government as much beyond
these influences as practicable; their most strenuous efforts and best
exertions must be in vain, if counteracted by a strong undercurrent, if I
may so express it. To prevent an evil of this nature is perhaps impos
sible, but I conceive it might be in a degree lessened, were every British
subject, every British ship, removed from the river, previous to the com
mencement of any sort of communication with the local authorities.
Timely and reasonable notice being given, I should not anticipate remon
strance on an occasion where personal apprehensions would have their
due weight. A retirement to Macao would hardly have the desired
effect, and probably lead to many difficulties; to avoid which I would
venture to recommend the embarkation of all British families and subjects
resident at that place, until political arrangements were perfectly con
cluded, on board the merchant ships, which might then take their station
in some of the beautiful harbours in the neighbourhood of Lantao or
Hong Kong. How far the latter measure is practicable I am uncertain,
but think, if accomplished, it would make a greater impression on the
Chinese than any expedients hitherto resorted to.
With the exception of some trifling disputes between commanders,
officers, and seamen of merchant ships, which Captain Elliot's competent
knowledge of maritime law and usage has enabled me to settle with little
difficulty, nothing worthy of notice has occurred.
No. 40.
Sir G. B. Robinson to Viscount Palmerston.—( Received January 28, 1836.)
My Lord, Macao, July 1, 1835.
I HAVE the honour to transmit the accompanying papers, and
respectfully to recommend them to your Lordship's earnest attention*.
Charged with the Superintendence of this great commerce, to be carried
on under an entirely altered state of circumstances, we have considered it
incumbent upon us, not to shrink from some responsibility in the early
and firm establishment of the position, that the safe pursuit of trade in
this part of the world, (so remote from any means of judicial intervention)
rests upon some surer basis than the constant existence of dispassionate
fairness, upon the part of every person from whom money may be
claimed.
Your Lordship will permit me to remark, that almost all the commer
cial operations of British subjects resorting to this country, will necessa
rily be mixed up with extensive transactions with native dealers. In that
quarter, too, then very mischievous results could not fail to ensue if an idea
were to get abroad, that in the actual state of things there were no
certain means at hand to constrain an unwilling party, either to submit
a commercial dispute to equitable means of inquiry and adjustment upon
the spot, or to furnish reasonable security that the matter should be
subjected to adjudication in another place. If such an impression be
permitted to obtain, I should be wrong to refrain from declaring to your
Lordship my own strong opinion, (formed from actual observation of
[• Foreign Office, February, 1840.—These papers relate to a claim of Messrs. Turner & Co.,
upon Mr. Keating, for a sum of 300 dollars, a statement of which is given in Lord Palmerston's
despatch to Captain Elliot, of November 8, 1836. The case is only interesting as showing the neces-
ssity there is for the Superintendents being armed with efficient powers to controul British subjects
in their intercourse and dealings with each other.]
96
events passing, and likely to pass, in these early stages of the relaxed
system) that there would be much reason to apprehend a serious shock
to the vast confidence which has hitherto been reposed in the faith and
honour of the British trader. And upon the maintenance of that confi
dence the very existence of this commerce may be thought to depend ; for,
if the native merchant be brought to think, that the justice and fairness
of the foreigner had failed, it is too probable he would also feel, that all
had passed away upon which he could place any dependence. From his
own Government he has little to look for, but general indifference, or
perhaps exaction, whenever any pretext presents itself for interference in
his concerns.
In the Act of Parliament to regulate the trade to India and China,
it is, amongst other things, enacted, " That it shall and may be lawful
for His Majesty, by such an Order as to His Majesty in Council shall
appear expedient and salutary, to give to the Superintendents in the said
Act mentioned, or any of them, powers and authorities over, and in
respect of, the trade and commerce, and for the direction of His Majesty's
subjects within the dominions of the Emperor of China." In the first
Order, passed by His Majesty in Council on the 9th December, 1833, it
was thereupon ordered, " that the Superintendents should be clothed for
these purposes with all the powers and authorities heretofore vested in
the Supracargoes of the East India Company, save so far as the same
were repealed or abrogated by the Act of Parliament." In the same
Order it is then set forth, " that all the regulations which were in force
on the 21st April, 1834, were thereby confirmed ; " and it was further
directed, " that they should be compiled and published."
Now, my Lord, it is respectfully submitted, that there were no regu
lations in existence of the nature contemplated in that Order in Council ;
the Supracargoes had been unaccustomed to interfere in commercial dis
putes between the very few private traders here ; and whenever affairs
involving either political or commercial difficulty with the Chinese
presented themselves, they possessed abundant means of doing as much
as was needful. No English subject was here without a license from the
Company ; and the Committee, in any case of emergency, had it in their
power to apprize the Chinese authorities, that the license had been sus
pended, and that they would in no respect interfere for the adjustment of
any debts the parties complained of might contract, subsequently to the
date of that notice. The British shipping which resorted to China was
under the complete controul of the Committee ; they either belonged to
the Company, or were chartered by it; and the country ships were
furnished with licenses by the Indian Governments, withdrawable at
pleasure, either by these authorities, or, in cases of exigency, by the
Committee itself. There had been no need, therefore, for any body of
regulations having respect to the general direction and controul of
British subjects in China.
When difficulties presented themselves, the Committee acted according
to the best of their judgment in the circumstances of the case, and it is
plain that there was no lack of means to give effect to their resolutions.
It has certainly been the anxious desire of this Commission, upon
every ground of consideration, to interfere as little as was possible, till
further instructions should reach them from England; but in these
particular cases they have felt themselves called upon to relax that rule.
They interfered not only in a sense of justice to those of His Majesty's
subjects who claimed their assistance, but principally [and this point can
hardly be too frequently insisted upon] because they plainly perceive the
practical necessity of setting aside the mischievous impression, that every
British subject at Canton is at full liberty, in the case of a commercial
dispute, either to concede or to refuse to submit his right to detain a sum
of money claimed by another, to fair means of inquiry and determination.
Perhaps there is no place where a higher degree of mutual commercial
good faith subsists than at Canton, or where it is more needful that such
a feeling should be carefully fostered; and it is owing in a great degree
to this very circumstance, that perhaps there is no place where larger
facilities present themselves for the extensive abuse of that confidence;
in the present conjuncture particularly, when an immense trade is thrown
97
open to general speculation and adventure, such opportunities and risks
must be vastly increased. In the spirit, and by the plain intent of the
Act of Parliament, the Orders in Council, and our Instructions, it is clear
that we are called upon to watch over and protect this trade; and
I repeat that I know no circumstances more calculated to injure its best
interests, than any admission of the position, that there are no means
to oblige a British subject to comply with the demand of another to
submit a commercial dispute involving the retention of funds to an
equitable mode of adjustment here or elsewhere.
A second Order in Council, of the 9th December, 1833, creates a
Court of Justice, with " criminal and admiralty jurisdiction, for the trial
of offences committed by His Majesty's subjects within the dominions of
the Emperor of China, and the ports and havens thereof, and on the high
seas, within 100 miles of the coast of China." The jurisdiction of this
Court seems to be strictly of a criminal description, and, therefore, dis
putes of the nature I have adverted to could not fall within its disposal.
But, indeed, even supposing that it were possible to strain the con
struction of this Order to the extent that it vested the Chief Superin
tendent with a civil admiralty jurisdiction, I know not, with the means
we have upon the spot, how it would be possible to avoid most perplexing
difficulties, in the attempt to adjust such disputes as these by any process
of that kind.
One opinion Mr. Keating has delivered to the effect, that, in our
present situation, we have no authority to interpose upon the behalf of
those of His Majesty's subjects who have claimed our assistance, seems
to be founded upon a rigidly literal construction of that article of the
instructions commanding us to take up our residence at Canton, and to
exercise our functions there, and not elsewhere in the dominions of the
Emperor of China, without His Majesty's sanction. We believe that the
single object of this article is to deprive the Commission of the power to
proceed to any other port in China than Canton, without His Majesty's
authority ; and we are of opinion, that it is wresting it to a purport
entirely foreign to its own intent, and to the whole spirit of the Act of
Parliament and the Orders in Council, to construe these words in such
wise as would, in point of fact, for the present, deprive the King of all
authority over His Majesty's subjects in this country. I must once more
assure your Lordship, in a very earnest manner, that I am persuaded we
should be seriously jeopardizing national interests of considerable im
portance to abandon the right to interfere (so far as circumstances permit)
to the extent that the Act of Parliament, the Orders in Council, and the
Instructions have contemplated. We are authorised and commanded in
those instruments to use our utmost efforts for the maintenance of peace
and good order amongst His Majesty's subjects at Canton, and for the
safe pursuit of this commerce ; and we do not perceive that the acts of the
native provincial authorities have relieved us from the most efficient dis
charge of those duties that circumstances admit. In the exercise of
authority, it always behoves men in public stations to proceed with the
utmost circumspection (and, surely, in the position we are placed in, it is
pre-eminently incumbent upon us to be extremely cautious) ; but the con
cession of the right to interfere, upon such grounds as Mr. Keating has
now advanced, would be a step which I must suppose would be very little
likely to meet your Lordship's approbation.
Mr. Keating finds another argument in support of his exemption
from any liability to do what we have required from him, in the fact, that
we are none of us directly appointed by the Crown. Upon this point it
seems to be sufficient to say, that the Royal Instructions providing for the
filling of vacancies occasioned by the death, resignation, or removal of
any members of this Commission have been strictly adhered to ; and the
appointments made in conformity with those Instructions, have been
publicly and officially promulgated in the newspaper. Any disregard
of our authority resting upon grounds of this description is, in effect a
denial or disregard of His Majesty's lawful authority to make &u\?~
provisions. I really feel however, that it cannot be necessary to troubi?
your Lordship with a detailed reply to all the observations in Mr. Keat-
ting's letter of 11th June; but one circumstance, it is a duty which I owe
98
to this Commission, and I believe 1 may say, to the public interests, to
bring under your Lordship's particular attention.
At a certain period in the course of this protracted correspondence
with Mr. Keating, he has negleeted to acknowledge several communi
cations which had been forwarded to him; and as we were informed that
he had come down to Macao, and as the last of these letters had been
returned unopened to us from Canton, it was handed to a young
gentleman in the Secretary's office to be delivered to Mr. Keating at this
place, in order that we might be assured it had reached his hand. Upon
this occasion, Mr. Keating, to use his own language, appealed to his
Excellency the Governor of Macao, as to " our right to attempt legislation
whilst unrecognized here."
I offer your Lordship my assurance upon my word, that the parti
cular circumstance which drew from Mr. Keating this appeal to the
Governor of Macao, is strictly confined in point of fact, to the delivery of
a paper to him, and in point of intention, to the simple desire to ascertain
that it had reached its destination. Mr. Keating, it might have been
thought, had sufficient proof before him, that we had no disposition to
attempt the execution of any formal acts at Macao, in the fact that the
formal injunction we forwarded to him, was signed within the limits of
the port of Canton. I hope it will appear to your Lordship that there
was no need for this description of appeal, or, indeed, I might say, of
complaint, by a British subject to a foreign authority; and if Mr. Keat-
ing's proceeding in this respect has not involved us in embarrassing
discussions with the Macao government, —which in our present position
m China, might have led to a high degree of public inconvenience,—$
must aseribe the escape to that state of perfect good understanding which
subsists between his Excellency and this Commission.
Upon the whole, my Lord, we have interfered in these claims
between Messrs. Turner and Co. (acting as the Representatives of absent
British owners) and of Mr. John Smith, against Mr. Keating, because we
believed, that it was within the plain intent of the law that we should
intromit, if the need were, for the protection of Her Majesty's subjects in
fheir lawful pursuits in cases of this description, and also for other
reasons which it is unnecessary to recapitulate. In the absence of any
defined practice, we recommended such a course as appeared to us to be
consistent with the general spirit of British law upon such subjects, viz.,
the fairest investigation that circumstances permitted, and an opening
for appeal to higher sources, if appeal should be desired. Mr. Keating
has, however, rejected every overture either to adjust the demand pre
ferred against him, or to submit to further inquiry upon the spot, or to
give reasonable security that he would institute proceedings, in the nature
of appeal, against the formal decision of the Superintendents in England,
or to pay the money under a protest against the lawfulness of their in
junctions. In fact, every effort we have made to induce him to submit
these disputes to inquiry and adjustment has been alike fruitless ; and,
under these circumstances, we have felt it our duty (with a view to fix the
principle of liability) to pay the sums claimed against him upon the
public account.
It had been the intention of the Commission, at one period, to give
publicity to all the circumstances of these cases amongst the British com
mercial community at Canton, and to declare that all persons thinking fit
to transact business with Mr. Keating must be pleased to conform to the
understanding, that, until those debts were paid, the Superintendents
could afford no facilities for the adjustment of any disputes which might
arise with him ; that is to say, in any transactions originating subsequently
to the date of the before-mentioned notice. Upon full consideration,
however, they refrained from resorting to that measure, upon the ground,
that it might lead to a public, and, judging from the tone of Mr. Keating's
correspondence, probably not very temperate, denial of their authority as
the King's officers,—a contingency they have considered it expedient, for
obvious political reasons, to avoid. Mr. Keating has complained, in very
warm terms, of the harshness and illegality of any proceedings of that
description. He insists, that such powers cannot be granted to us, as
99
they would not be recognized by the British Constitution as legal, even
•were the dispute in England, and with the Crown itself He declares, that
such a deed could only find a parallel in the arbitrary and tyrannical acts
of the Star Chamber ! It does not appear, however, that there would be
any grievous practical injustice, of which Mr. Keating has a right to
complain, in the notice ; that, as he would conform to no mode of adjust
ing commercial disputes which had been proposed to him, and as he per
sisted in retaining a sum of money, in spite of the opinio® of all the
persons, commercial as well official, to whom the matter had been sub
mitted, the Superintendents must declare, that, for the future, they could
not interfere in any similar discussion which might arise with him ; and
that all parties thinking fit to transact business with him, must be pleased
to conform to that understanding. Such a measure would have been in
sufficiently close analogy with a practice of which there has been no want
of precedent here by the Company and their servants,—namely, the with
drawal of licenses. Had the dispute been in England, not with the
Crown, as Mr. Keating has suggested, but precisely as the case is now,
with an individual, the power of the Crown would probably have been
invoked and applied in a very different form, that is to say, in the form of
a sheriff's writ. Mr. Keating speaks of the hardship, cruelty, and
illegality of these proceedings, but he has not said anything very satis
factory upon the fairness of his own conduct. I believe your Lordship
will be of opinion, that there is no real foundation for these loud com
plaints of tyrannical and ultra legal intentions upon the part of this
Commission ; and Mr. Keating win* probably find, at some future period,
that these are not times when a man's own wrongous proceedings are to
be glossed over by a tone of defiance, or by vague and vehement accusa
tion of the nature he has advanced.
Practically speaking, the state of the case is this:—Mr. Keating
entertaining opinions that there is an absence of all power and authority
over him, takes advantage of that supposed state of circumstances, to
retain in his hands a sum of money claimed by another person, in spite of
the concurrent opinions■ of several of the most respectable merchants in
the place, to whom the case was submitted by his own consent, in spite of
the opinions of this Commission to whom it was afterwards referred by his
own desire, and in spite of every proposition and injunction that has been
made to him, to submit to further inquiry here, or to give security that fur
ther inquiry should be had elsewhere. It can be within the intent of no
law to sustain proceedings of this kind, far less of laws, the avowed
objects of which are the preservation of peace, the maintenance of good
order, and the support of trade at Canton.
If it were admitted that Mr. Keating is perfectly right, and that
every man has it in his power to do as he has done upon these occasions,
it is pretty -certain that the peace could not be kept, and that commerce
could not be pursued in this country. The dread of publicity, and the
consequences of such a notice as has been suggested, appear to be the
only motives within any reach of operation here, which will always
enable the public authorities in this country to constrain an unwilling
person to submit disputed commercial claims to inquiry here or elsewhere.
If both parties consent to defer the settlement of such cases to another
time ami plaee, there can be no necessity for public interference ; but if
one side seeks to be heard, and the other refuses to accede to the propo
sition, some proper mode of meeting such an exigency must be devised,
or I am afraid that commercial operations in this country will be unsafe
for respectable persons. ;
It remains for us, very respectfully, but earnestly, to entreat your
Lordship to give the subject of this communication your best attention.
If we might presume to offer an opinion, we would humbly suggest that
an Order should be passed by His Majesty in Council, granting to- the
Superintendents authority to promulgate some provisional scheme of
arbitration (in cases of need) by the compulsory process, in the man*
ner proposed by Captain Elliot. In cases of contumacious resistance
to submit to inquiry or adjustment, powers likewise to be given "to
declare to the' British and Native commercial bodies,■ that subsequently
100
to the date of that notification, no facilities existed for the adjust
ment of any disputes which might arise in the transaction of busi
ness with the recusant parties. In these particular cases adverted to
in this correspondence, we would suggest with submission, that Mr.
Keating should be once more called upon by your Lordship's desire, to
Eay the public claims against him, and that he should be informed, that
is failure to do so would be followed by a public notice to the effect I
have just described.
I have, &c,
(Signed) G. B. ROBINSON.
No. 41.
Sir G. B. Robinson to the Duke of Wellington.—(Received January
28, 1836.)
(Extract.) Macao, July 26, 1835.
I AVAIL myself of the departure of a ship for India, vid Sincapore,
to acknowledge the receipt of a despatch, from your Grace to the late
Lord Napier, under date February 2, 1835.
Pending the arrival of those instructions I am now awaiting,
I have deemed it my imperative duty to maintain the same position of
affairs, regarding His Majesty's Commission in China, that prevailed on
the departure of Mr. Davis, and most thoroughly concurring with that
gentleman in the sentiments expressed in his despatch of October 12,
1834, and minute in the records, under date 19th January, 1835 ; it is a
source of satisfaction and congratulation to me, at this period, to reflect,
that nothing has occurred to render the adoption of the measures we
may be commanded to pursue less easy or consistent.
Assuming your Grace's despatch to be written upon the receipt of
the early communications from hence of the late Lord Napier, and pre
vious to the arrival in England of all the details connected with the
occurrences, proceedings, and ultimate catastrophe of his Lordship's
departure from Canton, I cannot perceive, upon the most attentive perusal
and consideration of its contents, that I should be justified in any devia
tion from that line of conduct to which I feel myself pledged to adhere,
until I shall have the honour to receive further instructions, when it will
be my anxious duty, and that of every officer of the Commission, im
plicitly to obey, and strenuously to endeavour to carry them into effect.
No. 42.
Sir G. B. Robinson to Viscount Palmerston.— (Received March 10, 1836.)
(Extract.) Macao, October 16, 1835.
I TRUST your Lordship will approve of the perfectly quiescent
line of policy I have considered it my duty to maintain under the present
aspect of affairs .
I have never, in the slightest degree, perceived a disposition on the
part of the Chinese authorities to enter into communication, or even
permit an intercourse, with the officers of this Commission. On the con
trary, I am convinced any premature and ill-timed attempt to that effect
would end in repulse and disappointment; and, as in the instance of
Captain Elliot's visit to the city gate in January last,* involve additional
" In the case of the officer and boat's crew of the ArgyU.
101
contumely and insult, thereby greatly impeding the prospective adjust
ment of existing difficulties, as well as creating new and vexatious
interruptions to the present quiet and prosperous routine of the trade, for
no other object than the possible attainment of very theoretical, if not
questionable, advantages.
I wish to point out to your Lordship, that, under all the disadvantages
attending our present position, the commercial operations of the past
season were brought to a favorable close, or rather, I should assert, were
continued with unusual vigour and success, during the summer; and that,
at this commencement of a new season, I see no reason to apprehend
difficulties or interruptions. Being well aware of the importance of the
object, I shall carefully avoid every risk of endangering its safety, unless
imperatively called upon to interfere, on the occasion of unforeseen
occurrences, when I must, of course, be guided by the exigencies of the
case. I perceive, both on the part of the Chinese authorities and the
British community, an anxious wish to avoid any reference to the officers
appointed by His Majesty's Government to superintend the trade. So
long as their interference does not seem necessary for the support of
national character and reputation, or the ends of justice, I confess I
conceive it injudicious to force it upon those parties who, however fallaci
ously, imagine they are independent of authority, on the plea, that this
Commission is not formally acknowledged and recognized by the Chinese.
My anxious endeavours will be used for the maintenance of tran
quillity and the prevention of disorders and difficulties of any kind. I
see no reason to apprehend any of those evils, and I confidently await the
proper period, when, being in possession of your Lordship's despatches,
we shall see our course clearly, and ultimately succeed in carrying into
effect the very spirit of those instructions with which we may be
furnished.
No. 43.
Sir G. B. Robinson to Viscount Palmerston.—(Received March 14, 1836.)
(Extract.) Macao, November 11, 1835.
IT is a source of great satisfaction to me to point out the very quiet
and regular progress of the trade, which being now fairly commenced for
the season, appears to be carried on with vigour ana success, under
all the disadvantages attending our singular position.
It will be my anxious care to contribute, by any efforts in my power,
to its welfare ana advancement ; but, confidently impressed with the con
viction, that any movements or attempts to enter into communication
with the Chinese authorities, would not only prove futile, but probably
involve serious consequences, such as stoppage and interruption to the
trade, I shall carefully abstain from any measures of the kind, until in
possession of further information and definite instructions.
I am induced to reiterate this assurance from an apprehension that
rumours of a contrary nature might at any time reach your Lordship,
emanating, in a great degree, from interested parties, or from individual
correspondence of English residents in China, many of whom are but too
ready to anticipate evils, which they conceive would be likely to arise from
our interference.
Considering the number of ships now in China, the very disorderly
state of our mercantile marine service, and the peculiar position of affairs,
it is a matter of surprise that so few difficulties have presented them
selves ; and I confidently anticipate the satisfaction of announcing to your
Lordship, from time to time, that the important commercial operations of
the season continue in a state of activity and progression.
102
No. 44.
Sir G. B. Robimon to Viscount Palnterston.—(Received Marck2S, 1836.)
(Extract.) Macao, November 20, 1835.
WITH reference to the case of Mr. James Innes, as entered in our
records, under date 1st August and subsequently, it becomes my duty
most forcibly to point out the unjustifiable seizure, or, more properly
sjpeaking, robbery of that gentleman's property, as well as the continued'
equivocation and evasion, rather than denial of redress for the grievance,
Or compensation for the loss sustained ; and, earnestly begging your
Lordship's serious and early attention to the subject, to commend in the
highest terms, his extreme forbearance and moderation, under circum
stances of the utmost provocation and irritation, when I frankly avow to
your Lordship my conviction, that a more prompt and vigorous, though
not equally prudent, resort to means at his own disposal, would have
proved more efficacious, and, without doubt, tended to prevent the
recurrence of similar outrages, a consideration of the highest importance
to those parties engaged in the China trade.
If, under an impression that the officers of this Commission were,
from the singular peculiarity of their position, unable to afford him
assistance, or an idea, however erroneous, that they were not so disposed,
Mr. Innes, in the excitement arising from a continued course of mendacity
and insult on the part of the low Mandarins, in place of seeking for
aid and assistance from those authorities appointed by His Majesty, who,
however, it must be confessed, were not competent, from their critical
position, to afTord it, fell into the error of concerting measures for the
recovery of his property by force, it only affords the strongest proof, if
indeed any were wanting, of the deferential respect and extreme degree
of propriety evinced towards them on this and every other occasion.
That so loyal and patriotic a subject should readily forego his private
interests, and abandon the measures upon the successful results of which
he is extremely tenacious, in deference and respect to the high and
responsible office I have the honour to hold, is not so much a matter o£
surprise as of commendation ; and I sincerely hope and trust the very
praiseworthy, and, at this crisis, most important example exhibited by
Mr. Innes, will not fail to excite your Lordship's approbation and
strenuous efforts to obtain redress for a grievous injury.
Under the promise given in my letter under date 7th August, I shall
not fail to bring the case very pointedly to the notice of the Chinese
authorities, in the event of my coming in contact with them previous to
the receipt of an answer to this despatch; but not perceiving much
probability of a successful issue, even should any such communication
take place, I rest assured I shall have the honour of receiving some in
structions by the earliest opportunity, and I conceive it is an imperative
duty on my part to impress on your Lordship the importance of the
subject.
The Chinese authorities being well aware the case has been brought
to the notice of the British Government, will naturally conclude, that
outrages of this nature may be perpetrated with impunity, if the present
instance passes without notice ; while British subjects, under the conviction
that no redress can be obtained by reasonable, proper, and formal repre
sentation and appeal, will proceed to summary means for the protection or
recovery of their property, alike dangerous to the welfare and safety of
the trade, the preservation of peace and tranquillity, and the maintenance
of that high national character and reputation which it is so desirable
should continue eminently conspicuous.
In the present divided and discordant state of society in China,
Mr. Innes apprehends, perhaps with reason, that party spirit has
materially operated to the prejudice of his cause with the Chinese authori
ties. It becomes, therefore, infinitely more necessary they should be
convinced of the watchful attention of His Majesty's Government to the
interests of its subjects, and that our countrymen should perceive the
103
advantages likely to accrue from a peaceable and prudent demeanour, and
an appeal, in cases of doubt and difficulty, to those officers appointed by
His Majesty to watch over the general safety and welfare with the most
jealous vigilance.
It is an important feature throughout this case, that no direct accu
sation of smuggling is alleged. The reply of the Keun-Min-Foo to my
last address may be considered an acquittal of any such intention, and an
admission of the robbery, with an exhortation to wait. It may fairly be
taken as a demonstration of fear on the part of the Mandarins, who,
according to their invariable custom, evade all inquiry, equivocate and
procrastinate to an incredible extent, but by no means decide the
question, even according to their own pleading, against the foreigner. I
am very much inclined to coincide with Mr. Innes in the supposition, that
his goods are still in the possession of the Hoppo's people, who are as yet
afraid to appropriate them, but will certainly do so eventually, if the affair
is suffered to sink into oblivion.
I consider my communication to the Keun-Min-Foo to have been
attended with very good effect, since the reply from that Mandarin, sent in
a formal and official manner to my residence, is likely to prove very im
portant at a future period, and I cannot but congratulate myself on the
results of the intercourse I consider I have succeeded in establishing with
a Chinese officer of his high rank and local influence.
Independent of other considerations, I will briefly call your
Lordship's attention to the importance of the subject*, as connected with
the safety and facilities of transhipment of goods outside the port, a
system now carried on to a vast extent, and so universally practised, that
it may well be considered an established custom. It is, indeed, of most
vital importance to cherish and protect this privilege, if it can be so
termed, and to check the lawless outrages of a set of miscreants, from
circumstances daily increasing in strength and numbers, who are perhaps
in the pay of the Mandarins,—at least protected by them on all occasions
where opportunities occur of sharing the plunder ; but I shall have the
honour to address your Lordship on some topics in reference to the Lintin
trade, and, therefore, having so strongly advocated Mr. Innes's cause, and'
presumed, with all due deference and respect, to recommend his case to
early and serious consideration, I trust I may be permitted to express
my sanguine expectation, that a strong remonstrance on the part of His
Majesty's Government, with a demand for redress or compensation,
would be attended, if not with perfect success, at least with the most
beneficial consequences. I would further venture to point out in what
manner I conceive this demand might be made with most effect by the
officers of this Commission, could I guess at the probable views and
intentions of the British Government, and what our possible situation
may be on the receipt of an answer to this despatch. If, as I would fain
anticipate, we are then placed and supported in a position becoming
officers of His Majesty the King of England, public servants—and
functionaries of the British Government—lawfully constituted guardians
and protectors of all British subjects and the valuable trade entrusted to
our superintendence, I do not hesitate to assert, such a demand would fail
not of immediate and complete redress, and prove of the greatest
advantage in preventing that thriving and increasing outside trade,
carried on now so successfully at Lintin, from the recurrence of accidents,
whereby the safety of the inside or staple commerce with this country is
liable to be placed in jeopardy.
To conclude, whatever view your Lordship may take of this affair,
with my sentiments -and proceedings thereon, I trust it is not necessary
for me to add any thing like an assurance of the most profound deference
and respect with which I shall implicitly obey and execute the very spirit
of such instructions as I may have the honour to receive on this or any
other point. Strict undeviating obedience to the orders and directions of
which I may be in possession, with the full exercise of my best judgment,
• Case of Mr. Innes, an abstract of which is Riven in Lord Palmerston's despatch of November
8, 1836.
104
experience and abilities in all cases of doubt and difficulty, is the founda
tion on which I build an anxious hope that my conduct and proceedings
in the highly important, though at present somewhat delicate, appoint
ment I have the honour to fill, may prove such as to merit approbation.
I have &c
(Signed) ' GEORGE BEST ROBINSON.
No. 45.
Sir G. B. Robinson to Viscount Palmerston.— (Received March 23, 1836.)
(Extract.) Macao, November 24, 1835.
THE immediate departure of two ships for England induces me to lose no
time in inclosing copy of a notice which I yesterday deemed it my duty to
circulate, for the purpose of obviating the extreme inconvenience, danger, and
delay, consequent upon the necessity at present entailed upon the commanders
of ships and others, of repairing to Macao for the purpose of obtaining a port-
clearance, or the signature and attestation of documents, as well as in the
anxious hope, that the existence of some authority at that place may tend to
check the disorders and riots so prevalent in the merchant .ships ; and in an
eminent degree prove advantageous to the interests of the important China
trade, which, I rejoice to say, continues in a state of uninterrupted progress
and activity beyond my sanguine expectations.
Being generally informed by the British community that this step is most
anxiously desired, I considered, under the peculiar circumstances of the case,
that it was better not to await a communication to our Board from the Chamber
of Commerce, or other parties ; but at once take upon myself the respon
sibility of a measure winch has for some time occupied my thoughts, and
which is, in my own opinion, likely to prove equally compatible with the
ideas of the Chinese authorities and the people, and consistent with the
fine of conduct in which I have persevered since I had the honour to
assume the duties of office.
I shall defer entering more fully into this subject, until I shall again
have the honour to address your Lordship from Lintin, when, I trust, my
reasons will be satisfactory ; and that I shall be in time to submit, with the
greatest deference, my ideas and sentiments on the future management and
controul of this valuable trade, in a manner likely to compass all the ends
contemplated by Her Majesty's Government, without subjecting it to those
constant and alarming interruptions which, I am of opinion, must inevitably
accrue from the residence of the Superintendents, or other authorities, in
Canton ; in any case, I shall point out the absolute expediency of maintaining
some kind of authority or official reference without the river ; and I trust
future experience will exhibit the correctness of my present opinion, that the
Chinese, if they do not seize upon it as an alternative to facilitate the adjust
ment of difficulties, will interpose no impediments to the execution of the
powers vested in me, to afford assistance and redress, in cases of aggression on
the part of our countrymen, few of which, I am proud to say, have occurred :
and the better regulation and controul of our sailors, of whose unruly habits
and dispositions they ever evince a strong apprehension.
Well aware of the great anxiety that prevails in England for the prosperity
and extension of the China trade, I cannot here omit the positive pledge and
assurance, that I shall never hazard its interruption by any dangerous and specu
lative measures.
Inclosure in No. 45.
Macao, November 21, 1835.
IN order to obviate the inconvenience and delay at present entailed upon
the commanders of British ships and others, by the necessity of repairing to
Macao for the purpose of obtaining a port-clearance, or the transaction of other
business, the Superintendents of the Trade of British subjects in China hereby
give notice, that from the 25th instant, a member of His Majesty's Commission
105
duly authorized, will reside at Lintin, to whom reference may be made, on
board His Majesty's cutter Louisa.
By order of the Superintendents of British Trade in China,
(Signed) E. ELMSLIE,
Secretary.
No. 46.
Sir G. B. Robinson to Viscount Palmerston. —(Received March 25, 1836.)
(Extract.) Cutter Louisa, Lintin, December 1, 1835,
IN my despatch dated November 23, I apprized your Lordship of my
intention to reside at this anchorage.
I arrived here accompanied by Mr. Elmslie, on the 25th ultimo, and with
great satisfaction have to remark upon the extreme attention and respect
evinced by the commanders of ships lying here, more than twenty in number,
as well as by numerous others touching in the prosecution of their respective
voyages.
1 have to call your Lordship's attention to the general wish of the British
community, for the adoption of this or some similar measure ; it was commu
nicated to me in a private manner some months ago, but I delayed taking
the responsibility of the measure upon myself, until the arrival of the Marquis
Camden from England direct, 10th July, rendering it almost certain that no
further intelligence could be expected until the season was very far advanced,
I at once decided on meeting the present wish of, I believe, all the British
community, although divided and dissentient as they are on every almost occasion,
I can hardly expect but that a few individuals will hereafter raise objections,
and perhaps secretly endeavour to prejudice a measure calculated in some
degree to lessen an influence they imagine they possess in Canton.
Sincerely, anxiously, as I hope that His Majesty's Government may be
pleased to take measures to notice and resent the contumely and insults to
which the late Lord Napier was subjected, so fatally terminating in his expulsion
with that of the whole of His Majesty's Commission from Canton, and in the
lamented death of that nobleman, I deem it an imperative duty to point out
with the utmost deference, that all the ends contemplated, as I am informed,
by the establishment of the King's Commission in China, may be amply and
competently fulfilled, by similar powers to those with which we are
invested within the limits (as I conceive they are erroneously termed) of the
port, being extended to the Superintendents, or other more judiciously styled
authority, without the river, or wherever they may find it most expedient to
or resort.
If, on the arrival of this despatch, no definite or conclusive arrangement