Taoukwang 28th year, 4th month, 17th day. (May 19, 1848. )
Inclosure 3 in No. 63.
Consul Alcock to the Officiating Taoutae.
ALCOCK , Consul, &c . , makes this communication .
I have received your Excellency's official commiunication , informing me of
the trial and conviction of the grain junk men , in the case of the Englishmen
who were assaulted and robbed by the prisoners at Tsing -poo, together with the
Sentences passed .
Having felt it my duty to call for the strict execution of the Treaty by the
trial and punishment according to law of the ringleaders in this outrage, I am
glad to learn that the officiating Provincial Judge has duly administered justice
by a rigorous trial of the offenders, and reported the proceedings to the Viceroy
and Lieutenant-Governor, that they may memorialize His Imperial Majesty,
which I shall not fail to communicate to Her Majesty's Plenipotentiary f r the
Satisfaction of Her Majesty's Government .
A necessary communication.
May 20, 1848.
1
No. 64.
Mr. Bonham to Viscount Palmerston .- (Received October 27.)
My Lord , Victoria , Hong Kong, July 26, 1848 .
I HAVE the honour to inclose for your Lordship’s information , copy of a
despatch from Mr. Consul Alcock , giving an account of ashort excursion made
by himself,the French Consul, M.de Montigny ,and Commander Pitman, into
theinterior from Shanghae,and reporting the favourable treatmentthathe met
with
to from the people of the country generally . Mr. Alcock, however, appears
conceive that at the large and more populous towns, an immunity from moles
tation is by no means secured .
I have, & c.
(Signed ) S. G. BONHAM.
180
Inclosure in No. 64 .
Consul Alcock to Mr. Bonham .
(Extract .) Shanghae, May 20, 1848 .
I HAVE the honour to acknowledge the receipt of despatches, and for
the flattering terms in which your Excellency has been pleased to express
approval of my efforts to obtain redress from the local authorities, I am most
grateful. Of the general inadmissibility of a departure from instructions, or
an assumption of powers not contemplated in them , I need not repeat my
conviction, and consequent entire concurrence in the views communicated for
my guidance in these despatches. It shall be my carnest endeavour to avoid
all causes of difficulty or collision with the local authorities, so far as it may be
possible to do so , without compromise to our interests.
I may state in connection with this subject, that I recently made an
excursion in the interior to some hills , distant about twenty -two miles, in
company with M. de Montigny, the French Consul, Captain Pitman, the
Interpreter, and Mr. Harvey . I had never left Shanghae before, and was
induced to do so now that I might judge for myself of the temper and
demeanour of the people, as it is chiefly to these hills, which are within the
twenty -four hours' limits, thatall parties seekingrecreation direct their steps.
In the country and the villages I saw no indication of a disposition to give
offence ; on the contrary, they were ready to offer civility, afford information,
show their work or sell their goods, as might be desired . At Sze-king alone, a
small town extending about a mile along the banks of the canal where there is
a larger population, a crowd pressed upon the heels of the party which had
landed, and were otherwise disposed to be troublesome and offensive, shouting
opprobrious epithets.
It was at this place that the two gentlemen to whom I referred in despatch
of 22nd January, were pelted out of their boats and pursued ; and here I found
evidence of the habitual bad faith of Heen , the late Taoutae, who, contrary to
his express assurances, that he had caused a Proclamation which I disapproved
of to be exchanged for another, had left the unobjectionable one undisturbed.
I returned on the morning of the third day, having made arrangements
with the Taoutac's full consent, to prolong my absence beyond the usual period.
I am disposed to think, from what I observed , that we hold our immunity from
molestation in the larger towns on somewhat insecure tenure. I am bound, on
the other side, to state that Mr. Medhurst has casually mentioned to me his
impression of an improved bearing in the people of the surrounding country
since the last affair.
For my own part, I believe the Chinese people have no feeling of respect
for our nationality, nor can it well be otherwise while foreigners, as the best
information leads me to infer, are invariably spoken of by the rulers of the
land in terms of opprobrium and contempt ; and in all public documents, not
immediately addressed to us, we are placarded by every authority, from the
Emperor to his meanest servants, as “ Barbarians,” contrary to their own more
ancient usage. Our acquiescence in restrictions, confining us to certain narrow
limits, as a race of barbarians who may not be securely trusted with the liberty
of free and responsible moral agents, of course further tends to affix upon ail
foreigners a stamp of inferiority to those who can impose such conditions. I
cannot think it matter of surprise that under such circumstances the Chinese
population should have little scruple in offering insult or annoyance, and have as
little hope that this will be amended until political changes shall remove us
from this derogatory and humiliating position. The conviction from time to
time of isolated offenders can indeed do little, even as a palliative, and the true
source of all the danger and mischief with which our relations are incessantly
menaced remains wholly untouched by any such measures. I cannot hope my
convictions on this subject will have much weight, but it appears to me a duty
to submit them as the result of personal observation, derived from a residence
of some duration at different ports.
181
No. 65.
Mr. Bonham to Viscount Palmerston .-— ( Received October 27.)
My Lord, Victoria , Hong Kong, July 31 , 1848.
I HAVE the honour to inclose, for your Lordship’s information , copy of a
letter to myaddress from Mr. Consul Alcock, giving cover to translation of a
letter he had received from Keying, and of his reply thereto, on the subject of
the Tsing-poo affair.
I have intimated to Mr. Alcock my approval of his reply to Keying.
I have, & c.
( Signed) S. G. BONHAM .
Inclosure 1 in No. 65 .
Consul Alcock to Mr. Bonham .
Sir, Shanghae, June 6, 1848 .
I HAVE the honour to inclose copies (original and translation) of a
declaration received from his Excellency Keying, and my statenient addressed
to the Imperial Commissioner in reply.
That Keying should regard with displeasure and distaste the course adopted
to obtain redress was to be anticipated, but it appears to me his Excellency has
taken a step not less unusual and without precedent, in addressing his comments
to me personally, instead ofcommunicating with Her Majesty's Plenipotentiary.
I did not think it expedient to enter into any discussion as to the mooted
question of limits, in reference to the excursion to Tsing-poo, but thought I
might be permitted, by referring to Article IV of the American Treaty, to
show the inaccuracy of his Excellency's inference, that Her Majesty's Consul
was not authorized by Treaty in conveying his complaint of unredressed
grievance to Nanking.
His Excellency Keying having scrupulonsly adopted all the forms of the
Cha -hing Declaration , with much of the imperative tone which this particular
form of communication by Chinese custom sanctions, though always carefully
avoided by the Viceroy at Foo -chow , as by the same high authority at Nanking,
in their official letters to me, I felt bound to inform his Excellency that I could
only receive and act upon instructions from the Representative of my own
Sovereign, lest it should be assumed by the Chinese high officers, when address
ing Her Majesty's Consuls, that under the mandatory form of a Chinese Cha
hing they might revert to the old style of prohibition and command, with a
concluding admonition to “ disobey not.”
I have, &c .
(Signed) RUTHERFORD ALCOCK .
Inclosure 2 in No. 65.
Commissioner Keying to Consul Alcock.
(Translation .)
KE, Imperial High Commissioner, a Guardian of the Crown Prince, an
Assistant Minister of State, Governor-General of the Two Keang Provinces,
and of the Imperial House, makes the following declaration :
I, the Great Minister, have received His Majesty's orders to attend at
Pekin, and on passing through Kang-nan on my way thither, I learned that
Vice-Consul Robertson and others of your honourable nation , had come in a
ship, and made accusation and complaint at the official residence of the
Governor -General of the two Keang Provinces, which proceeding has caused me
me, the Great Minister, much amazement and surprise . For in the French
commercial regulations it is provided that in the event of affairs being unsatis
2 B
182
factory or disturbed, the said Consuls and others may straightly make
complaint to the Great Minister superintending the Five Ports, and in case of
there being no superintendent of the Five Ports, they may complain to the high
provincial authorities, who will inquire into and manage their affairs for them .
The Great Minister superintending the Five Ports here referred to is the igh
Imperial Commissioner who resides at Canton .
I, the Great Minister, having now been ordered by His Majesty to repair
to Peking, the office of High Imperial Commissioner has, by the command of
the Great Emperor, been delivered over into the charge of Seu, officiating
Governor-General of the two Keang Provinces, as is on record. It may
be that the said Consul (Mr. Alcock) has not yet heard of this, and
that it was the want of this information that caused him to convey his
complaint to the provincial city. For the future, in all cases of this nature,
complaints must be made in obedience to Treaty to the High Imperial
Commissioner, and must await his management. But should the Great Emperor
hereafter see fit no longer to appoint a High Imperial Commissioner to super
intend the Five Ports, then may appeal of course be made to the various high
provincial authorities in accordance with the terms of treaty. If it be said that
at Shanghae there is no High Imperial Commissioner, on the other hand, at
Hong Kong alone does his Excellency the Envoy of your honourable nation
reside, and similar appointments cannot severally be made at each of the ports.
This principle, therefore, is very clearly established .
With regard to the places to which British subjects at Shanghae may make
excursions, it was formerly determined by the Envoy Davis, in conjunction with
Kung, Intendant of Circuit for the departments of Soo-chow.foo, Sung
kcang-foo, and Tae-tseang -chow, that they might be allowed to purchase or
hire for this purpose boats, horses, or sedans, and that they might go about
either by water or land, but that they could not be permitted to pass the
night out . Consul Balfour's official reply to the Intendant of Circuit for
Soo -chow - foo, Sung -keang -foo; and Tae -tseang-chow, is at present preserved
on record . Now I , the Great Minister, find on inquiry that Tsing -poo is
ninety le distant from Shanghae. To go there and return would therefore be
180 le, but no matter whether this could be performed in a day or not, as our
two nations are to cement the perpetual peace and friendship existing between
us, the merchants and subjects of your honourable nation must not on any
account make distant excursions, in order that disturbances and trouble may
be avoided.
As regards the people of the various localities, I, the Great Minister, have
already communicated with the Governor -General of the two Keang Provinces
and the Lieutenant-Governor of Keangsoo on the subject, and desired them to
give strict orders to the various Prefects of departments, and Magistrates of
districts, to use their utmost endeavours to keep them under restraint, in order
that any trivial occurrences may not be allowed to injure the peace.
To sum up the whole, if the authorities and subjecst of our two nations do
firmly adhere to Treaty engagements, the blessing of the Supreme Ruler without a
doubt will assuredly aid us in our endeavours. I, the Great Minister, know and
feel that Consul Alcock, Vice -Consul Robertson , and Interpreter Parkes, have
hitherto borne the reputation of being clear -sighted able men, and I therefore
now make this special and distinct declaration for their information, which I
think will afford them cause for rejoicing. I , the Great Minister, have already
left for Peking .
A necessary declaration .
Taoukwang , 28th year, 4th month, 12th day. ( 14th May, 1848. )
Sealed with the seal of the Governor-General of the two Keang Provinces,
lent for the occasion.
183
Inclosure 3 in No. 65.
Consul Alcock to Commissioner Keying.
ALCOCK, Her Britannic Majesty's Consul at Shanghae, makes this
statement.
I have to acknowledge the receipt of the High Imperial Commissioner's
Declaration, dated 14th May, 1848, referring in terms of disapprobation to the
mission of Mr. Vice-Consul Robertson to Nanking. Your Excellency states
that this measure was taken contrary to Treaty, and directs me in future, in all
cases of this nature, to make my complaints of the local authorities to the
High Imperial Commissioner, and await his management.
Reference to the American Treaty, Article IV, will, I conceive, distinctly
show that Her Majesty's Consul at Shanghae, having the same privileges as the
American Consuls, enjoys by Treaty the undoubted right, if he see fit, to make
representation of any local grievance to the "superior officers of the Chinese
Government,” without limitation as to the Superintendent of the Five Ports.
As to the measures it may be necessary to adopt at any time when the
security and interest of my countrymen at this part are at stake, your
Excellency must be aware that it is not competent for me, as Her Majesty's
Consul, to receive or act upon any directions not emanating from the
representative of my own Sovereign, to whose authority I owe exclusive
obedience.
The whole of my proceedings in the late affair of assault and robbery at
Tsing -poo, having been duly reported to Her Majesty's Plenipotentiary in
China, for the information of Her Majesty's Government, and his Excellency's
instruction , it only remains for me in like manner to forward without delay
the declaration now received from the Imperial High Commissioner, for the
said Envoy's consideration, which I trust will also be satisfactory to your
Excellency.
A necessary statement.
May 30, 1848.
No. 66 .
Mr. Bonham to Viscount Palmerston .- (Received October 27.)
My Lord, Victoria, Ilong Kong, July 31, 1848.
WITH reference to that portion of my despatch of the 12th April ,
wherein I informed your Lordship of Mr. Consul Alcock’s intention of
liquidating certain claims, alleged to be due to British subjects, from the
proceeds of the ships' duties kept back during the fifteen days' embargo on the
grain junks and duties in his port, in consequence of the Tsing-poo affair, I
have the honour to inclose copy of a despatch from that officer, reporting that,
previously to the receipt of my instructions on the subject, payment had been
made to the creditors in question, and setting forth the reasons which induced
him to adopt the course he has seen fit to do on theoccasion. The Consul at
the same time reports that he has received from the Chinese authorities the
Value of the property stolen from the Missionaries at Tsing-poo, and paid the
amount, 200 dollars, over to the injured individuals.
I have informed Mr. Consul Alcock that I shall forward copy of his
despatch for your Lordship's information .
I have, &c.
(Signed) S. G. BONHAM .
2 B 2
184
Inclosure in No. 66.
Consul Alcock to Mr. Bonham .
Sir, Shanghae, June 26, 1848 .
THE Chinese authorities having reported their inability to recover the
property of which the Missionary gentlemen were robbed at Tsing -Poo, and
tendered the estimated value of the articles amounting to 200 dollars, that sum
has been received, and paid over to the injured parties.
In connection with this affair and your Excellency's despatch of the
12th April, disapproving of a liquidation of the claims of British subjects
upon the estate of Foqua, out of the proceeds of Custom-house duties, payme
had unfortunately been made to the creditors when the despatch in question
was received .
The inclosed official communication, addressed to the acting Taoutae and
announcing the payment, was delayed for some time in the hope of inducing
that functionary or his predecessor to enter into some amicable and equitable
arrangement, the individual responsibility of the latter for the safe custody of
the bales of longcloth being undeniable. Upon this ground, chiefly, I sought
to enforce a demand for settlement before the Taoutae's accounts were closed .
Having more than once made these claims aa subject of reference to Her
Majesty's Plenipotentiary and the Attorney-General , and each time received in
reply opinions rendering it incumbent upon me to prosecute them to a final
settlement ; having, moreover, failed in my best efforts, extending over a period
of many months, to make the slightest impression upon his Excellency Heen,
rendered doubly impracticable, no doubt, by the consciousness that the goods
upon which the liquidation depended had been disposed of while in his custody,
it did appear to me desirable to profit by the opportunity made by his bad faith
in another affair, to close this vexed question, and terminate at once the useless
and irritating discussion bequeathed to me by my predecessor in office. The
hopelessness, moreover, of effecting this by any other means than the stoppage
of duties in transitu, to the value of the goods, had, I conceive, been made
sufficientiy manifest to establish the expediency and justice of the measure.
The view taken by your Excellency would probably hive suggested itself to
me, had I not looked upon the late Taoutae as personally responsible for the
goods made away with during his administration, and held it, moreover, quite
certain, that not the Chinese revenue, but Heen, the Superintendent of the
Customs, the officer responsible for the collection of the duties, would be the
only party affected by this compulsory liquidation. Justice seemed, under
these circumstances, to require that he should not be allowed to escape from
pecuniary responsibilities, entailing loss and injury upon British subjects, which
could no longer be transferred to successors, since the goods which came with
it to us from our predecessors had disappeared by his mismanagement or
consent.
The political question connected with the stoppage of duties I considered
finally settled when the prisoners were produced, and the embargo on the grain
junk's and the duties ceased as the immediate result . The paying up the
arrears of duties accruing during the stoppage I regarded as a mere matter of
detail (the right of the Chinese authorities to payment having once been
admittedl) upon questions which might arise with the executive officers as to the
amount to be paid, as in the payment of duties upon any other occasion , but
involving in no way the previous question.
I can only express my sincere regret, if the steps taken under this view
shall finally appear to your Excellency to have mixed up, in a manner highly
inexpedient, an important political question with one of a commercial and
insigoificant character.
I have, & c.
(Signed ) RUTHERFORD ALCOCK .
185
No. 67.
Viscount Palmerston to Mr. Bonham.
(No. 69.)
Sir, Foreign Office, August 7, 1848.
I HAVE received and laid before the Queen your despatches to the 24th
of May inclusive.
I have to acquaint you that I approve of the despatch which you addressed
to Mr. Consul Alcock on the 28th of April, and of which a copy is inclosed in
your despatch to me of the same date, in reply to his despatches of the
10th and 12th of that month, respecting his late proceedings at Shanghae in
the matter of the attack on the three Missionaries near that place.
I also approve of the answer which you returned to the Chinese Com
missioner's representation respecting Mr. Alcock’s proceedings, and of which
a copy is inclosed in your despatch of the 11th of May.
I am , &c.
(Signed ) PALMERSTON .
No. 68.
Viscount Palmerston to Mr. Bonham .
Sir, Foreign Office, September 19, 1848.
I HAVE received your despatch of the 10th of June, in which you
report the punishment inflicted on the ten criminals who committed the
assault on Mr. Medhurst and the Missionaries at Tsing -poo, and I have to
acquaint you that the punishments in this case are quite sufficient,but that in
all cases of punishment awarded to Chinese, for wrongs done to British subjects,
some British officer ought to be present to witness the infliction of the
punishment.
I am, &c.
(Signed ) PALMERSTON .
No. 69.
Mr. Bonham to Viscount Palmerston .- (Received January 20, 1849. )
Extract) Victoria, Hong Kong, November 2 , 1848.
I HAVE the honour to inclose herewith, copy of a despatch which I have
received from Mr. Consul Jackson, at Foo -chow -foo, reporting that Mr. Parish ,
the Assistant attached to that Consulate, was assailed bya mob of persons with
insulting language, when riding in the neighbourhood of theConsulate, and that
they eventually went the length of hurling large stones at him , many of which
struckhim , though providentially without doing any serious injury.
Mr. Jackson addressed a letter to the Governor-General of the Provinces,
in which he called his Excellency's attention to the revived spirit of hostility
and insult which has lately been observable in the bearing of the rabble towards
himself and the officers of his establishment ; and demanded the apprehension
and severe punishment of the foremost amongst Mr. Parish's assailants.
I have since received the inclosed report from the Consul, forwarding
further correspondence with the local authorities as to the measures adopted
for the apprehension of the criminals in the present instance, and the prevention
of such occurrences in future. From this it appears that two of the rioters have
been apprehended and sentenced to be beaten with the bamboo, and to a month's
exposure in the cangue, in which they have been seen by the Chinese writer
attached to the Consulate, with the nature of their offence inscribed on their
186
wooden collars. The authorities further state that they will use every means to
apprehend the four remaining offenders, implicated by the confession of those
already under sentence.
As to the preventive measures adopted by the authorities, I consider that
the notice issued by the Chief Magistrate (translation of which is annexed ) is
well calculated to prevent a recurrence of such outrages, and ought to be
attended with beneficial results ; it has been posted at the principal avenue
leading to the place where the outrage was committed.
In my reply to the Consul's despatches above referred to, I have approved
of the measures adopted by him to secure the punishment of the offenders, but
although the fact of the Chinese writer having seen the delinquents in the
present instance exposed in the cangue may be considered satisfactory, still I
deemed it advisable to call Mr. Jackson's attention to the desirability of the
British Consul, or some person authorized by him , being present at the
punishment of any Chinese who may in future commit aggressions on British
subjects.
Inclosure 1 in No. 69.
Consul Jackson to Mr. Bonham .
Sir, Foo-chow , September 5, 1848 .
I REGRET having to acquaint your Excellency that I have again been
obliged to complain to the local authorities of the insolent bearing of the rabble
toward myself and the officers of my establishment.
Lately it has been much more observable than usual, though I am ignorant
of anything having occurred to account for it. There is not an individual among
us by whom they are treated otherwise than with kindness, or from whom they
are not constantly obtaining relief in some way or other. Nevertheless we
more often meet with sullen looks and insulting expressions, than any other kind
of notice. Having myself continually, and for a length of time, been molested
with hootings and scurrilous language in passing a place just within the city walls,
and finding private remonstrance unavailing, I at length called on the Magistrate
of the District to put an end to it. Only three days afterwards Mr. Parish,
my first assistant, complained to me that he had been grossly insulted and
stoned by aa crowd of about 150 persons, from whom he escaped with difficulty,
and, as I judge from his account , most providentially, without more injury than
some heavy blows on his head and body. This happened on the evening of the
30th ultimo on the Parade Ground, just beneath the city walls, and little more
than half a mile from this Consulate.
Considering this a matter for more serious notice, I sent in a report of the
particulars to the Governor -General. The affair had already become known to
some of the authorities, who, on sending here for information, stated that diligent
search was being made for the offenders, and that on their apprehension, they
should be rigorously punished.
Owing to Mr. Morrison's continued indisposition, my letter to the Governor
General did not reach his Excellency till the 3rd instant ; but he was
previously made acquainted verbally through Suh Taoutae, with all that had
happened.
Though it now appeared from Mr. Parish's statement, that he had often
before been similarly treated in the same place, it had never been made known
to me ; and although his keeping quiet so long is evidence of his forbearance, I
cannot but regret that he did not before mention it to me on one of the many
occasions when I have inquired of him, concerning the reception he experienced
during his rambles about the neighbourhood ; for it is to be feared that
too much passiveness may be misconstrued by those of mean and dastardly
natures.
On receipt of my letter, the Governor-General sent his card with a message,
hat on hearing of the occurrence he had lost no time in issuing orders, and that
187
he was still urging the subordinate authorities to activity in bringing the offenders
to punishment.
The following day his Excellency sent an Aide-de- camp to make inquiries
after Mr. Parish's health , desiring him to mention at the same time, that the
place being now full of low people from distant quarters, in attendance on the
candidates for examination , he hoped all noisy places would be avoided, or that
police from the magistracies would be sent for to accompany those going out, as
this was the only plan he could think of for securing protection .
Though, perhaps, well meant, I could not, of course, encourage such a
system , which would be little else than placing us publicly under surveillance, and
putting constraint upon our footsteps. At the same time, I think his Excellency's
advice, to avoid noisy places, likely to be frequented by the class of people he
indicates, deserving ofattention, and have expressed my wishes in accordance to
the officers of my establishment.
I hopethatmy report to his Excellency may be productive of good effect.
The authorities all appear sincere in their anxiety to restrain the mob, but their
power to do so effectually may be doubted ,
I hear the Te-pa-ou, a constable of the place where the assault was com
mitted, has twice received forty blows of the bamboo to aid him in discovering
some of the rioters.
The Fuh-kien people are a sullen and savage set. They have a rooted
antipathy to foreigners, which is vented mostly in filthy expressions and offensive
manners as we pass them . The authorities wish it to be believed that these
expressions are mere expletives, with which the common people are accustomed
to interlard their sentences, whether addressed to friend or stranger but
the manner of emitting them renders this explanation hard to believe .
I shall not cease to urge activity in this matter, and shall hope soon to
acquaint your Excellency of its satisfactory termination in the apprehension
and punishment of some of the ruffians, as an example and warning to
others.
In the meantime, I beg to inclose a copy of my letter to the Governor
General, as it contains particulars of the assault.
I have, &c.
(Signed) R. B. JACKSON.
Inclosure 2 in No. 69 .
Consul Jackson to Mr. Bonham.
Sir, Foo -chow , September 23, 1848.
MY last despatch gave your Excellency particulars of an assault on
Mr. Parish of this Consulate, and inclosed copy of an official letter I had
addressed in consequence to the Governor -General Seu.
I have now the honour to forward for your Excellency's further informa
tion on the subject, copy and translation of communication made to me by the
Ex. Intendant Luh, by command of his Excellency, in which are set forth the
steps said to have been taken for the apprehension and punishment of some of
the assailants. This communication I presume to have been elicited by one I
addressed to Luh by way of reminder, and for the purpose of urging him and
the officers placed under his direction for the occasion by the Governor-General,
but which letter he does not allude to.
I beg leave to inclose a copy of it, and likewise of another which I found
it necessary to address to the same officer, in consequence of the ambiguous
wording of the Min-heen's report to him, embodied in his letter, appearing
to me as intended to convey doubt as to the disturbance having originated with
the Chinese. These papers, with the one inclosed in my preceding despatch to
your Excellency, comprise all the documentary correspondence had as yet on
the subject.
On receipt of the Intendant's letter I caused inquiry to be set on foot in
order to ascertain whether the sentences were being carried out in good faith ,
as well as the other measures for preventing future disturbances.
The proclamation, inclosed in copy and translation , was found to be posted
188
at the principal avenue to the place where the outrage was committed. Its
terms are better adapted to the system of Chinese coercion and the under
standing of the common people than such warnings usually are.
As to the infliction of the bamboo, we must be content to take the assur
ance of the Min-heen's subordinates that it was duly administered.
But, with regard to the punishment of the cangue , to which the two men
are said to be sentenced, after allowing time for it to be entered upon, I
dispatched an individual to ascertain the fact, to whom it was pretended, on his
finding they were not at the place indicated, that after being exposed a couple
of days they were taken ill, and it became necessary to remove them to the
gaol of the district Magistracy ; but that being then nearly recovered , their
sentences would be carried into effect. Regarding this as a subterfuge for a
breach of the faith, and unwilling to be duped, I caused the Chinese writer to
be again dispatched to make inquiry, and to intimate that I was not unmindful
of what was going on . On his return he reported that he had seen the men in
the cangue, and having examined their sentences , as inscribed on these wooden
collars, found them to be in due form , as for creating aa disturbance.
He added that they would be brought here for inspection if required.
Having no reason to question the veracity of the writer—an old and steady
servant of this establishment - I contented myself with his assurance, in the
belief that the Magistrate, who prides himself on being a descendant of Con
fucius, whose name he bears, would not incur further risk of a charge of
duplicity against himself.
Though continually urging the apprehension of the other four implicated
by the confession of those under sentence, I have not heard anything respect
ing them , and I fear they will be allowed to escape, for which there is no
remedy beyond empty denunciations, against which the consciences of the
Mandarins seem to be tolerably proof.
I have, &c.
(Signed) R. B. JACKSON.
Inclosure 3 in No. 69 .
Proclamation .
( Translation .)
KUNG, Chief Magistrate of the Department of Min, &c., hereby issues
plain instructions.
It being now permitted to foreign nations to trade at the port ofFoo -chow,
when foreigners pass about the city and its suburbs, it behoves the natives of
the land tomaintain towards thema friendly deportment, that so due effect may
be given to the existing peace .
Having heard a report that on the 3rd day of the present month
(August 31 ), as an English officer was riding on the South Parade Ground, a
disturbancewas raised by a crowd of ignorant people, who assailed him with
stones, conduct which was disorderly in the extreme, besides dispatching
runners to search out and seize the offending parties, that they may be tried and
punished I now proclaim these urgent instructions, and look to the people fully
to know them .
Hereafter, you must keep in order the youths and children of your
families.
When foreigners pass backwards and forwards, let them not rush in front
of, or crowd after them ; nor let them either address them in abusive terms, so
as to bring about disturbances.
If they again dare to act as in times past, they shall assuredly be taken and
punished . The elder members of their families shall likewise be punished for
not keeping them in order ; and the Te-paous, if they do not look after and
restrain them, shall be dealt with in the same manner. No mercy shall be
shown to them .
Do not oppose. A special proclamation.
Taoukwang, 28th year, 8th month, 5th day. (September 2, 1848.)
1
189
No. 70.
Mr. Bonham to Mr. Hammond .- (Received January 20 , 1849.)
( Extract .)
November 30 , 1848, 11 P.M.
LATE last night, I received a despatch from Canton , giving an account
of a piratical attack on Mr. Meadows, when returning from Whampoa.
It appears that Mr. Meadows had gone to Whampoa on business, in
company with an officer of the High Commission, for the purpose of examining
an English vessel that had been run into by a junk, and that, on their return,
their boat was boarded by a large pirate boat full of men, two of whom ,
Mr. Meadows is of opinion , he shot. The pirates, nevertheless, put on board
Mr. Meadows' boat, when he took to the water, and managed to get ashore,
but not until he had received a severe spear wound in his hand.
This affair took place close to the Barrier, about eight miles from Canton,
at the same spot where the Shah Allem's boat was similarly attacked last year.
As this isa mere act of piracy, I have no doubt that Seu will, if he can catch
them, make an example of the miscreants, more especially, as some of his
own people were present, and, it is reported , were wounded. In other respects,
everything is quiet ; but this little affair shows the limited powers either Seu
or any one else has over the Canton mob.
No. 71 .
Mr. Bonham to Viscount Pulmerston.—(Received February 22, 1849.)
My Lord, Victoria, Hong Kong, December 29, 1848 .
I HAVE the honour to report to your Lordship, that in the night of the
27th ultimo, Mr. Meadows, Interpreter to the Canton Consulate, was assailed by
pirates in the Canton River, and only escaped with his life by jumping into the
river and swimming ashore, after having shot two of his assailants.
Mr. Meadows was on his way from Whampoa, where he had been deputed
by Mr. Consul Elmslie upon public business, in company with one of Seu's
officers, and when close to the barriers, about 10 P.M., a piratical craft, containing
>
about thirty men, dashed alongside and obtained possession of Mr. Meadows'
boat, but not until that gentleman had shot dead one of the pirates and
wounded another, when he jumped into the river, and arrived, wounded and in
an exhausted condition, at the Consulate, at 1 o'clock in the morning.
Both the Consul and myself have been in communication with Seu
regarding this ruffianly attack. His Excellency has succeeded in apprehending
four of the parties connected with the transaction, and promises to do his
utmost in seizing the remaining criminals. A question has arisen as to the
degree of punishment to be awarded to these four. Seu states transportation
for life to be the legal punishment, but as this appears to me doubtful from
several other precedents, it is my intention to address that officer further upon
the point, and in the meanwhile I have thought it necessary that your Lordship
should be made acquainted, as early as possible, with the principal facts
connected with this attack.
Mr. Meadows has forwarded a list of articles stolen, and other losses, the
whole of which he estimates at 352 dollars 74 cents. I have called on Seu to
recover the articles plundered, or failing this, to make good Mr. Meadows' claim .
2 C
190
I regret, however, to state'that my applications have up to the present moment
proved unsuccessful. Seu declines making any restitution whatever, on the
grounds of its being inconsistent with Chinese law to do so. Under the
peculiar circumstances of Mr. Meadows' case, and bearing in mind that that
gentleman was attacked and robbed whilst in the performance of his public
duties, I have not hesitated in authorizing Mr. Elmslie to pay this sum out of
the Consulate chest, and rely upon your Lordship in approving of this
expenditure.
I propose, by next mail, further addressing your Lordship upon this
subject ; in the meantime I may observe that the attack on Mr. Meadows
appears to me to have been made without any reference to the party plundered
being a British subject.
I have, & c.
(Signed) S. G. BONHAM.
No. 72 .
Viscount Palmerston to Mr. Bonham .
Sir, Foreign Office, February 17, 1849.
I HAVE received your despatch of the 2nd of November, respecting
an assault committed on Mr. Parish at Foo - chow -foo ; and I have to
acquaint you that I concur with you in approving the manner in which
Mr. Consul Jackson required and obtained redress from the local authorities for
this outrage, and that I also approve of your having reminded him of the
necessity of some person being delegated by him on any future occasion to
witness the infliction of any punishment which may be awarded by the Chinese
authorities to persons guilty of assaults on British subjects.
I am , & c.
( Signed) PALMERSTON .
No. 73.
Viscount Palmerston to Mr. Bonham .
Sir, Foreign Office, March 5, 1849.
I HAVE to acquaint you that I approve of the steps which you have taken ,
as reported in your despatch of the 29th of December, with reference
to the attack made on Mr. Interpreter Meadows, on his way from Whampoa to
Canton in the night of the 27th of November ; and considering that Mr. Meadows
was at the time in the execution of his public duties, I approve of your having
directed the sum of 352 dollars 74 cents to be paid to him as compensation for
the value of the property which he lost on that occasion.
I am, &c.
( Signed) PALMERSTON.
No. 74 .
Mr. Bonham to Viscount Palmerston .-- (Received March 21.)
My Lord, Victoria, Hong Kong, January 24, 1849.
IN continuation of my despatch of the 29th December, on the
subject of the piratical attack made on Mr. Meadows in the Canton River, I
have the honour to acquaint your Lordship that thirteen of the parties implicated
in that transaction have been apprehended by the Chinese authorities , of whom
five have been sentenced to transportation for life, and eight to decapitation.
191
The Imperial Commissioner having in the first instance only announced the
apprehension of the five first named, and stated that they would be transported,
I thought it right to impress on his Excellency the necessity of making a most
striking example of the culprits, and addressed a letter to him to that effect,
referring to four cases where persons convicted of similar offences had been
executed, and reminding him that Mr. Meadows was an officer in the discharge
of a public duty, and that if a stop were not put to such violent proceedings,
and outrages of this nature were permitted to be carried on between Canton and
Whampoa, no public officer could safely travel between those places.
To this Seu rejoined, insisting that the punishment to which the culprits
had been sentencedwas in conformity with the laws of China, but at the same
time informed me that eight additional culprits had been apprehended, and that
as they had been engaged in other malpractices of a like nature, they would be
decapitated, and their heads stuck up on poles.
In acknowledging the receipt of the last communication, I informed the
Imperial Commissioner thatI was not altogether satisfied with the result of this
affair, as it appeared to me that had the eight criminals not been proved tohave
been guilty of offences against Chinese, they would not have been capitally
punished ; but as the matter stood, I requested to be informed when and where
the men would be executed .
I have not yet received a reply to this communication , and as this is the
first day of the Chinese new year ,when and for some days to come no public
business is transacted, I do not anticipate hearing again from the Commissioner
before the mail of this month is dispatched. I think it right, however, tostate
that from what has passed between the Acting Consul at Canton and the
Imperial Commissioner, with reference to this subject, I do not think Seu will
acquiesce in any British officers being present at their execution, which I am
in some measure disposed to attribute to his fearing their presence might give
rise to a popular commotion, which at this particular juncture might terminate
in their being ill-used by the mob .
I have, &c.
( Signed ) S. G. BONHAM .
Inclosure 1 in No. 74.
Commissioner Seu to Mr. Bonham.
( Translation .)
SEU, High Imperial Commissioner, &c., sends the following answer to a
communication from the Honourable Envoy, which he received on the 12th
instant (6th January) in which several precedents are quoted, which he carefully
perused.
In a previous answer, I, the GreatMinister, stated, that as Heaven was
concerned in human life, only criminals worthy of death should suffer the
penalty of the law.
According to the evidence of the criminal Han-Hoo-Leen and others,
they only robbed once, and did not board the boat. These are extenuating
circumstances in the eyes of the law, and they will therefore not suffer death,
but be transported. This is in accordance with the provisions (of the code)
23rd chapter , page 33 .
The criminals now taken, are denounced as principals, and different from
accomplices, as much as a man who transgresses for the first time, differs from an
old offender , and as there is likewise a difference between those who search for
plunder, and those who receive the stolen articles.
In cases which involve life and death , one ought to be very careful in these
matters. The precedents quoted in your communication, I find do not refer to
criminals who only once offended, but who had to be punished severely. You
also remark in your letter, that the criminals mentioned in this case, are all
principals, whilst there is only one of them to whom this applies ; for what
reason should all be principals ?
The Magistrate now reports, that in Mr. Meadows, the Interpreter's case,
he has successively seized the following runaway criminals :Lew-a-keang,
2 C 2
192
Lew-a-tih, Lew -a -wang, W00 -a -tsing , Lew - a -chin , Yer-tsew-kwei , llwang
king-yu, Woo-a -tseang, in all eight. It was ascertained , as a matter of fact,
that all these had boarded the boat, and it was likewise found out, that they had
robbed the packet, Saou -tan, the rice boat Le- yuh -yang, the pawnbroker's shop
of Lo-kang -borough, and the cotton junk of Chin - a -show . Hence it is proved,
that they have repeatedly committed robberies ; these various instances having
been brought home to them, they have thus been sentenced to decapitation, and
that their heads be stuck up. Being impartially dealt with in conformity to the
letter of the law, not the least forbearance nor lenity has been shown towarıls
robbers.
Whilst sending this reply, I wish you much happiness
Taoukwang, 28th year, 12th month , 21st day. ( January 15, 1819.)
Inclosure 2 in No. 74 .
Mr. Bonham to Commissioner Seu.
Victoria, Hong Kong, January 20, 1849 .
I HAVE received your Excellency's communication of the 15th instant,
in reply to mine of the 3rd instant, relative to the punishment of the persons
concerned in the piratical attack on Mr. Meadows.
In this letter, your Excellency asks me why all the parties concerned in
the attack on Mr. Meadows are principals, to which I reply, that after the death
of their leader, Leu -a -sze, the remainder of the boat's crew , by their violence,
compelled Mr. Meadows to jump into the water to save his life, and that they
then forcibly seized his boat and property,
were all engaged in one common , unlawful which they made away with — they
act, which caused loss of life and
was attended with robbery ; they ought, therefore, in reason, to be considered
all equally guilty
Your Excellency now informs me that eight more criminals connected with
this murderous outrage on Mr. Meadows have been apprehended , and as they
have been found guilty of other offences they will be decapitated. This
proceeding is, however, not altogether satisfactory to me, as it appears that, had
it not been discovered that these culprits had committed robberies in other
instances, they would not, for the piratical attack on Nr. Meadows, have suffered
capital punishment. I have already quoted instances of execution following
offences of this nature, and this outrage on a public officer, in the discharge of
his official duties, seems to me to demand, at your Excellency's hands, the utmost
penalty of the law .
As the case now stands, I beg of your Excellency to acquaint me when and
where these men will be executed, as I have instructions from my own Govern
ment to depute persons to witness all punishments which may be inflicted by
the Chinese Government on persons for misconduct to British subjects, as was
the case in the instance of the execution of the murderers of the crew of the
French merchant vessel “ Navigateur,” and more recently in the unfortunate
affair at Hwang -chu-ke, when four Chinese were executed for the murder of my
countrymen.
Accept, &c.
(Signed ) S. G. BONHAM .
Inclosure 3 in No. 74 .
Mr. Bonham to Commissioner Seu .
Victoria, Hong Kong, January 3, 1849 .
I HAVE recently received several communications from the Consul at
Canton, relative to the piratical attack made on Mr. Meadows, on which subject
I have already had occasion to address your Excellency. From the corre
spondence that has passed between the Consul and your Excellency, I gat
that the four ruffians who have been apprehended , are not to be capitally
punished ou the grounds of their not being principals, but simply accomphices.
103
The Consul has fully brought the true state of the case to your Excel
lency's notice, and reminded you that heretofore, when pirates have been taken
and convicted, they have been executed, and he mentions cases wherein the full
sentence of the law has been carried out.
Your Excellency, in reply ,assigns reasons why these pirates should not be
executed, and states that “ as Heaven itself is concerned in human life, crimes
punishable by death, must be committed before such punishment can be
inflicted .” To the latter part of your observation I fully agree; and if I were
satisfied that the parties implicated in the piracy were not liable to the punish
ment of death by the law of China, I would not now address your Excellency
on the subject.
The Chinese Code of Laws distinctly states, in the 23rd chapter, 57th page,
that “ Those who, on the sea-coast or along rivers, commit piracy by boarding
vessels in search of plunder, shall all, in case they have obtained possession of
any goods, be sentenced to decapitation, and instantly receive doom . Nothing
is to be pleaded in their excuse .'
There are, moreover, four precedents within my own knowledge to prove
that the law in this respect has been carried into effect :
1. In Mckinlay's case, the pirates were executed, according to a letter of
the late Governor-General Kekung, dated 20th December, 1843.
2. The execution of several pirates who attacked a party of our soldiers
near Chek-chu, who were conveying treasure to that place, as stated by Keying
in a despatch dated 17th December, 1844.
3. The capital punishment of some pirates who attacked two opium-vessels
in the Bay of Shimmob, according to a letter of Keying, dated 9th August,
1847, and
4. The case of the pirates implicated in the attack on the boat of the
merchant ship “ Shah Allum ,” as made known to Consul Macgregor by Keying,
in a communication dated 17th October 1847.
Your Excellency does not deny that the men who have been apprehended
are guilty of the piracy, but states that, as the principal man , Low -a-sze, was
shot and died, and his associate, Kan -a-mow, severely wounded , the remainder
of the boat's crew are only accessaries, and can only be banished for life to
Tartary .
Bit it is clear, from the evidence, that after Lew-a-sze was killed, and
Kan-a -mow was wounded, that the remainder of the crew plundered the boat ;
and part of the plundered property has been found on the persons of the prisoners,
hence it is obvious, that they are principals in the piracy, and in the wounding
of Mr. Meadows.
The case of Mr. Meadows is analogous, in every respect, with the four
cases above quoted , where those found guilty were executed.
Mr. Meadows fortunately escaped with his life ; but the guilt of the pirates
remains the same. It is natural enough for the remaining criminals to endea
vour to throw the most heinous part of the crime upon a man who is dead to
exculpate themselves, but surely such a defence is not to be deemed worthy of
any consideration when the facts are so clear that the guilt of the parties cannot
be doubted by any reasonable person).
I trust, therefore, that your Excellency will see that these prisoners be
rigorously punished, and the remaining criminals apprehended and punished also,
otherwise it will be impossible for public officers to travel between Canton and
Whampoa, which must end in great detriment to the trade of our respective
nations.
Accept, &c.
( Signed ) S. G. BONHAM .
194
No. 75 .
Mr. Bonham to Viscount Palmerston.— (Received April 18.)
My Lord, Victoria, Hong Kong, February 3, 1849.
REFERRING to my despatch of the 24th January, wherein I reported
the sentences passed on thirteen of the criminals concerned in the piratical
attack on Mr. Meadows, I have the honour to transmit herewith, an
extract of the Imperial Commissioner's reply to my letter in which I applied
for information as to when, and where , the eight persons sentenced to
decapitation, would be executed, to enable me to depute an officer to witness
the infliction of the punishment.
Your Lordship will observe that the criminals had already been executed
previously to the receipt of my communication above referred to, and that Seu
expressly states that they were not sentenced to death for the piratical attack on
Mr. Meadows alone, so that had they not been proved to have been engaged in
former acts of violence, it may be inferred that they would only have been
transported, such, according to Seu's statement, being the sentence of the law
of China on occasions of this sort.
Your Lordship will likewise observe that the Commissioner makes no
remark on my desire that an English functionary should be present on the
occasion of the execution. In this instance the presence of such a person
would have been useless, as Mr. Meadows could not recognise the criminals
had he seen them, and I confess that at present I think it doubtful if it be
in the Commissioner's power, to insure the safety of the gentleman who might
have been employed on this mission .
It is right also that your Lordship should be informed that the Imperial
Commissioner observed to the Consul, when that officer took occasion to
notify to his Excellency that it was the wish of Her Majesty's Governmentthat
some officer deputed by him should be present to witness the infliction of the
punishment, that “ The Treaties provide for Chinese criminals being dealt with
by China, and foreign criminals by the foreign countries, neither side
concerning themselves with the proceedings of the other. What need is there
then to appoint an officer ? ”
Under these circumstances, I have allowed this part of the question
to remain in abeyance, being satisfied that with the temper which at present
exists at Canton against foreigners, any attempt on the part of a Consulate
officer to witness an execution, would, unless he were strongly guarded by
Chinese troops, most assuredly expose him to personal insult and violence, and
indeed might cost him his life.
I have, &c.
(Signed) S. G. BONHAM .
Inclosure in No 75 .
Commissioner Seu to Mr. Bonham .
(Extract.)
THE principal in Mr. Meadows, the Interpreter's case, isLew -a-sze, who,
for his crime, ought to have been sentenced to decapitation. Having, however,
been shot, he fell into the water, and met with his death. The remaining
criminals have only once committed robbery, and ought, according to law,to
be transported. The eight others whosuccessively were taken have all repeatedly
committed acts of robbery, and, as the various cases have been brought home
to them, they suffered decapitation for their heavy crimes, on 19th day of the
12th month ( 13th January), ( with others ) altogether forty -six in number
I trust that you, the Honourable Envoy, have already heard that I, the
Great Minister, manage matters with the utmost justice, and it would only be
troublesome to enter upon minutiæ .
January 27, 1849.
195
No. 76.
Viscount Palmerston to Mr. Bonham.
Sir, Foreign Office, May 12, 1849.
I HAVE received your despatch of the 3rd of February, reporting
the execution of several persons concerned in the attack on Mr. Interpreter