Meadows; and I have to acquaint you that I approve of your having let the
question about the attendance of a British officer to witness the execution, to
remain without being further pressed.
With regard to the transaction itself, it is, of course, absolutely necessary
that outrages committed, or attempted, on British subjects, should be punished
in such a manner as to deter the Chinese from attempting a repetition of such
offences; but, at the same time, I cannot but observe that the extent to which
capital punishment seems to be inflicted in China, is not in harmony with the
feelings of the British nation on such matters ; and it is not desirable that you
should press for the decapitation of offenders, except in cases in which such
examples may really be required for the protection of British subjects, and by
the gravity of the committed offence.
I am , & c.
(Signed ) PALMERSTON .
No. 77 .
Mr. Bonham to Viscount Palmerston .— (Received May 24.)
(Extract .) Victoria , Hong Kong, March 5, 1849.
IN despatch dated December 19, 1848, your Lordship observes that in
all cases of punishment being awarded to Chinese for wrongs done to British
subjects, some British officer ought to be present to witness its infliction.
These instructions were duly communicated to the Consuls, but I regret to state
that it has been found impossible to have them carried out.
Two cases have recently occurred at Canton, wherein Chinese have been
punished for wrongs done to British subjects, and in neither have the authorities
seen fit to permit British officers to witness the punishment.
The first case was that of Mr. Meadows, who was attacked by pirates in
the Canton river, as reported to your Lordship in my despatches of the
29th December last, and of the 24th January and 3rd February respectively.
The second was a case wherein a servant of an English gentleman robbed
and fired the house of his master, within the factories. In this instance
one person has been convicted and put in the cangue for two months. The
HighCommissioner was requested tosend the culprit to undergo part of his
punishment on the spot where the crime was committed. This he declined
acceding to, on the ground that another person whom the Chinese authorities
allege to have been an accomplice had not been taken, and who,they considered,
had been concealed by the owner of the house from the police runners sent
to apprehend him : but your Lordship will have observed from my despatch
of the 3rd February, that the Commissioner directly stated in reference to
Mr. Meadow's case 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 ? ” And I am not aware , under these circum
stances, by what means I can compel him to meet the directions contained in
your Lordship’s despatch now underconsideration.
At Foo-chow -foo, in the case of an assault committed by certain villagers,
wherein Captain Johnston , of Her Majesty's sloop “ Scout ,” Lieutenant
Wodehouse and Mr. Parish were pelted and hooted while peaceably walking for
exercise, on Mr. Consul Jackson intimating his intention of deputing an
officer to witness the punishment of the parties apprehended, the Chinese
196
authorities objected on the ground that no such practice was provided for by
the Treaties, and that they had received no instructions from the Imperial
Commissioner on the subject.
At Shanghae I am not aware of any aggression on British subjects having
taken place since the case where the Missionary gentlemen were assaulted and
ill-used by the junk men , but in reference to this subject generally Mr. Alcock,
writes as follows :
“ As regards the practicability and expediency of verifying the punishment
of any Chinese offender by the presence of a British officer, when a sentence is
carried into execution, the instructions received could only have been partially
applicable to the Tsing-poo offenders had it been earlier received, for the most
serious punishment was banishment to a penal settlement in Tartary.
“ But the whole subject is one of peculiar difficulty, nor can any hope be
entertained of submitting in this place a satisfactory solution. It has long
been felt that of all the provisions of the two Treaties, that which provided for
the due administration of the laws on Chinese offenders was the most nugatory.
The chief difficulty consists in a British officer being present at all during a
trial in a Chinese Court. Assuming the right were to begranted by Treaty,
by torture, and a process utterly
where the ordinary mode of questioning is sense
repugnant to our notions of justice and our of what is due to humanity
and truth, are we by our presence to sanction and to be made parties to such
proceedings, or are we to interfere and insist upon justice being administered,
not according to their usages, but ours ? The objection to both courses seems
equally valid , and yet without the presence of an efficient officer there is no
guarantee whatever for the due alministration of justice.
“* As regards the presence of an Officer of Punishments, unless he is in a
position to identify the criminals, which must often from the circumstances of
the case be impossible, it may be questioned whether our national character is
not in danger of being compromised, without the real object of such risk being
attained . Nothing could more effectually tend to lower us in the opinion of
the Chinese than to be imposed upon by the jugglery of a substituted criminal,
or the punishment of an innocent man at our instigation, or even the illegal or
excessive punishment of a real offender. Yet to all these we are exposed, when
we take upon ourselves to watch the course of justice and verify the execution
of the sentences. It may finally be observed that there are punishments
recognized in the Chinese Code revolting for their brutality, which an English
officer could scarcely sanction with his presence without discredit to our national
feeling. A lesser objection exists in the frequency of minor punishments for
.1
theft and petty misdemeanours, so that an Interpreter would be required for
this duty alone.”
In the conclusions come to by Mr. Alcock I generally concur, and on the
whole, therefore, as in many cases from the nature of the punishment it will be
impossible for a Consular officer to witness its infliction, and in others that it
will be attended with great difficulty, and that the presence of an European
ܗ
gentleman on such occasions may give rise to misapprehension in respect to the
ܘܬܪܘܩܣ
ܩܟܗ°'
object in view , I beg respectfully to submit the question for your Lordship’s
reconsideration .
In the meantime I have directed the Consuls to consider the instructions
that I have given them on this subject in abeyance, but at the same time to
satisfy themselves, as far as they have the means, that any punishments awarded
under the circumstances referred to are carried into execution ,
197
No. 78 .
Viscount Palmerston to Mr. Bonham .
( Extract.) Foreign Office, June 1, 1849.
I HAVE to state to you, in reply to your despatch of the 5th of March ,
that on consideration of the circumstances adverted to in that despatch,
I think it may be best not to press for the presence of aa British officer at the
punishment of Chinese convicted of offences against British subjects, unless in
special cases, in which such presence may be thought by you, or by the Consul
on the spot, to be useful .
No. 79 .
Viscount Palmerston to Sir S. Bonham .
Sir , Foreign Office, October 23, 1851 .
I TRANSMIT to you herewith a statement which has been published in
the 6“ Times ” newspaper, and which appears to be founded upon a letter said to
have been addressed from Hong Kong to the “ Univers ” French newspaper,
relative to the alleged execution of a Missionary named Schoffler ; and I have
to instruct you to furnish me with any particulars you can obtain respecting this
transaction .
I am, &c.
(Signed ) PALMERSTON .
No. 80 .
Sir S. Bonham to Viscount Palmerston .- (Received February 16, 1852. )
(Extract.) Victoria, Hong Kong, December 24, 1849 .
I HAVE the honour to acknowledge the receipt of your Lordship’s
despatch of the 23rd October, transmitting to me a statement which has
been published in the “ Times” newspaper, relative to the alleged execution of
aMissionary named Schoffer, and instructing me to furnish any particulars that
I can obtain respecting this transaction.
In obedience to your Lordship’s orders, I directed Mr. Woodgate, the
second assistant, to wait on M. Libois, Procureur-Général des Missions
Etrangères, and having shown and explained to him the statement, to request
he would furnish me with any information he might possess on the subject.
I have now the honour to transmit to your Lordship, copy of a letter from
M. Libois to Mr. Woodgate, giving a detail of all that has come to his
knowledge respecting this transaction .
Your Lordship will have the goodness to observe, that the execution of the
Missionary is stated to have taken place at a town or city called Son-tay, which
I find from the maps, is in Cochin China, and situated in 21° of north latitude,
and 105° of east longitude.
Until the receipt of your Lordship's despatch, the circumstances detailed
in the “ Times ” had not come to my knowledge, nor can I discover that any
other person, save the RomanCatholic priests, had ever heard of them .
The present Tudouc or King of Cochin China, came to the throne about
2 D
198
two years ago, and is tributary to the Emperor of China, but I imagine, except
on the subject of succession and tribute, is entirely independent of the
authority of the Emperor.
Inclosure in No. 80 .
M. Libois to Mr. Woodgate.
Mon cher M. Woodgate, Victoria, le 10 Décembre, 1851 .
J'AI examiné l'article du “ Times ” relatif au martyre de M. Scehffler,
que vous m'avez communiqué de la part de son Excellence M. le Gouverneur.
Je le trouve parfaitement conforme aux pièces officielles que j'ai reçues du
Tong-king sur le même sujet etque j'ai envoyées à MM. les Directeurs de
notre Séminaire des Missions Etrangères à Paris. Seulement nom du
le
martyr est Shæffler et non pas Shofller, et il a été mis à mort à Son -tay au
Tong -king, non pas le 4, mais le 1 Mai dernier. Je vous envoie un journal
où vous trouverez quelques détails qui pourront peut- être vous intéresser.
M. Shæffler, du diocèse de Nancy, entré au Séminaire des Missions
Etrangères, à Paris, en 1846, il en partit en 1847, et arriva à Hong Kong le
28 Avril, 1848 ; le 9 Juin suivant, il partait pour le Tong-king Occidental, afin
d'y exercer le Ministère Apostolique de cette Mission . C'est dans l'exercice
de ces saintes fonctions qu'il a été arrêté par les Mandarins, le 1 Mars, 1851 .
Jugé et condamné à mort par le grand Mandarin de la Province, pour avoir osé
venir prêcher la religion Chrétienne dans ce pays, la sentence a été de suite
ratifiée par le Roi Tou -duc, et exécutée le 1 Mai dernier. Depuis vingt ans
environ, douze Européens, dont huit Français, trois Espagnols, et un Italien,
ont eu le même sort et pour le même sujet, dans le Royaume Annamite. Si
vous désirez quelques détails à ce sujet, vous les trouverez dans une petite
brochure que je vous envoie. Vous distinguerez facilement, en lisant la table,
les noms Européens des noms Annamites, &c. Les deux derniers martyres,
MM . Duclos et Shæffler, n'y figurent pas, parceque leur mort est plus récente.
Je vous envoie aussi une carte très détaillée du Royaume Annamite, que vous
n'avez peut- être pas, afin que vos renseignements soient plus complets. En
donnant ces renseignements à son Excellence M. le Gouverneur, veuillez
l'assurer de mon respectueux et entier dévouement, et recevoir, &c.
(Signé) N. F. LIBOIS,
Procureur Général des Missions Etrangères.
No. 81 .
Dr. Bowring to the Earl of Malmesbury.— (Received July 16.)
.
My Lord, Hong Kong, May 17, 1852.
CIRCUMSTANCES are constantly occurring at the different ports of
China, and especially at Foo -chow, which, next to Canton, is the place where
the greatest amount of ill-will is exhibited towards foreigners, which serve to
show the unfriendly disposition of the Chinese authorities, and their desire to
discourage the establishment of amicable relations with Her Majesty's Govern
ment and the British people.
It appears that two teachers employed by the Church Missionary, Mr.
Welton, have lately been bastinadoed by order of the Chinese Mandarins, on
account of their connection with the mission, and that Mr. Vice -Consul Walker
199
has in consequence made a representation to, and sought an interview with, the
Governor -General of the Province.
I could not but approve of any amicable intervention or becoming remon
strance made in the interests of humanity by the Consular authority ; but I am
not quite satisfied with the strong language used by Mr. Vice -Consul Walker,
in his written communications with the Lieutenant- Governor of the Province,
which he had requested the Captain of Her Majesty's sloop “ Lily” to support,
by immediately visiting the Min. I have the honour herewith to accompany
copies of this letter, and of the despatch I have written to the Vice-Consul in
consequence .
I have, &c .
( Signed) JOHN BOWRING .
Inclosure 1 in No. 81 .
Vice - Consul Walker to the Lieutenant-Governor of Fokeen .
I HAVE received , with great astonishment and regret, from the English
Missionary, the Rev. W.Welton , who resides at the Taon-shan -kwan , a com
plaint against the authorities of this city for having renewed their interference,
in a most unwarrantable manner, and stopped him in the pursuit of his avoca
tions. He informs me that he had engaged a teacher to assist him in the
formation and duties of a school, but that this person had been deterred from
entering upon his engagement by the threats of the Mandarins, conveyed
through the medium of the Tepaoa of the district. A more flagrant violation
of privileges, admitted and secured by the solemn sanction of Treaties, has
never been attempted by the direct and open measures of the authorities; but
the fact is placed beyond the possibility of denial by the audacity of persons in
official employ, who have visited several United States' citizens with the avowed
intent of ascertaining by whom the teacher engaged was recommended to
Mr. Welton's service, and by such means to terrify the Chinese in their employ
ment. The local Government has thus distinctly violated Article I of the
Treaty of Nanking. You have violated and annulled the provisions contained in
Articles XXII and XXIV ofthe French Treaty, and openly contravened and set }
at nought the right secured by Article XVIII of the Treaty with the United
States of America.
With a sincere desire to promote and maintain , by principles of equity
and truth, an honourable and beneficial intercourse between the two nations, I
cannot too strongly urge upon your Excellency the necessity for enforcing upon
the local authorities a more exact observance of the rights and privileges to #
which we are indisputably entitled than they have of late been disposed to yield .
Their proceedings, for a long time past, have created in my mind the painful 1
impression that a course of policy has been entered upon so directly in opposition
to the spirit it was the special object of the Treaties to encourage and perma
nently determine, that, if persisted in , cannot fail to terminate the harmony and
quiet intercourse which , for the last ten years, has happily existed. Whilst the
British Government has throughout adhered , with scrupulous fidelity, to the
engagements contracted by the Treaties, the authorities of this place have lately
manifested a desire, upon every possible occasion , to break through and disregard
them .
The present instance offers to your Excellency a favourable occasion for
decisive interposition, by directing the local authorities to withdraw their oppo
sition, and to make known to the people, by public proclamation, the free
permission they have to afford their services to all foreigners in the peaceable
and lawful pursuit of their occupations. This measure is essential to the
reassurance of the public mind, which is seriously disturbed by the unjust and
notorious conduct of the Magistrates. Otherwise , I shall be compelled to
represent the matter for the grave consideration of the British Plenipotentiary, 1
2 D2 1
200
and to declare the effect of the late proceedings as an arbitrary and deliberate
violation of our rights, sanctioned and confirmed by the high authorities of the
Province.
I have, &c.
April 14, 1852.
Inclosure 2 in No. 81 .
Dr. Bowring to Consul Walker .
Sir, Hong Kong, May 17, 1852.
I HAVE received your despatch of the 26th ultimo, with its inclosures,
giving an account of the cruel treatment to which two teachers in the service of
Mr. Welton have been exposed .
It has been decided by the Law Officers of the Crown, that the circumstance
of Chinamen being engaged in the service of subjects of Her Majesty does not
remove them from the jurisdiction of the native authorities. In cases similar to
the present, the utmost that can be done is, after the fullest examination into
the facts, to make an earnest representation and friendly remonstrance to the
Chinese officials, showing that such proceedings are not in accordance with
those amicable sentiments which should direct the conduct of a Government
connected with our own by Treaties of peace and friendship.
In this state of things, I am sorry not to be able to approve of the very
strong language employed in your letter to the Vice-Governor of the Province.
Its vehemence was probably the cause of its not being acknowledged. It was
right, in your failing to obtain attention from the District Magistrate, to seek
an interview with the Superordinates, and to point out the unfavourable impres
sion which any injuries done to Chinamen , because of their connection with the
subjects of Her Majesty, could not fail to make upon the British Government,
and you should then have referred the matter to me.
I am very desirous, as far as I am able, to support the authority of Her
Majesty's Consuls, and, by friendly co-operation with the superior officers of
Her Majesty's Navy in these seas, to show the Chinese that a vigilant eye is
kept upon the proceedings of unfriendly Mandarins. But when Her Majesty's
Forces are put in requisition , the case must be so strong as to secure the
approval of the senior officer here, and of the Admiralty at home.
I am , &c.
( Signed) JOHN BOWRING .
No. 82 .
The Earl of Malmesbury to Dr. Bowring.
(Extract.) Foreign Office, July 21 , 1852.
I HAVE to acquaint you , in reply to your despatch of the 17th of May,
that I entirely approve of the letter which you wrote to Mr. Vice-consul
Walker, with reference to the intemperate tone adopted by him in his com
munication to the Lieutenant Governor of Fokeen, respecting the interference of
the Chinese authorities with two native teachers in the service of Mr. Welton.
The statements contained in your despatch and its inclosures are not
sufficiently detailed to enable me to form an opinion in regard to the merits of
the case ; but Her Majesty's Government can never approve of the use of violent
201
and intemperate language, and the less so, inasmuch as such language is
calculated to defeat rather than to promote the object sought to be attained
by it.
I am , &c.
(Signed ) MALMESBURY .
No. 83.
Dr. Bowring to the Earl of Malmesbury .— (Received December 20.)
My Lord, Hong Kong, October 25, 1852.
I HAVE the honour to report to your Lordship that on the 17th instant
a China boat, with four of Her Majesty's subjects, Messrs. John Dent, Horace
Oakley ( first Assistant to the Canton Consulate), R. McGregor, and G. Anderson,
was attacked by apiratical Chinese craft, near Tiger Island, at the entrance of
the Bogue; but the Englishmen , being well armed, were enabled to defend
themselves, and to kill and wound a number of the Chinese. I have the honour
to inclose a copy of their representation to Her Majesty's officiating Consul
Elmslie, in charge at Canton, who, with great promptitude, requested the senior
naval officer there to dispatch a steamer in pursuit of the pirates, while he at
the same time advised the Imperial Commissioner of what had taken place, and
requested His Excellency would lend the needful co -operation, and give the
needful instructions for the capture and punishment of the guilty: I am sorry
to say that the Honourable Company's steamer“ Semiramis, having (with Mr.
Oakley on board ) made every effort to discover the offenders, by visiting the
shores and ascending the creeks in boats,has returned to Whampoa without
having succeeded . The Imperial Commissioner has replied to Mr. Officiating
Consul Elmslie, that he had given immediate orders to the Chinese Admiral
commanding at the Bogue to take the necessary steps for tracing and securing
the pirates ; but as the district where they no doubt are dispersed is one where
the government authority has been of late somewhat relaxed, it is doubtful
whether we shall hear anything farther on the subject.
I have, &c.
(Signed) JOHN BOWRING .
Inclosure in No. 83.
Messrs. Dent, Oakley, McGregor, and Anderson to Consul Elmslie.
Sir, Canton, October 19, 1852.
WE have the honour to inform you of the particulars of an attack made
upon us by a large ladrone boat on the evening of the 17th instant.
The fast boat in which we were, was anchored within Tiger Island, and
about 8 o'clock we were suddenly, and without warning from our crew ,
run on board by a large boat full of men, who immediately commenced a
discharge of stink pots and spears, throwing a number of the former into the
cabin , a large party of them coming over our stern for that purpose. One of
us, Mr. Oakley, narrowly escaped a severe wound, a spear burying itself in the
stock of his gun. On being thus assaulted, we instantly resorted to our fire
arms, and after a constant fire on them for about twenty minutes, they sheered
off, and judging from the short distance we fired from , and the number of men
we saw fall, we have every reason to believe that their loss must have been
severe. They, however, succeeded in carrying off their wounded and dead,
with the exception of one body, which the fast boatmen threw overboard
without our knowledge. We regret to inform you that one of our servants,
Mr. Dent's, was missing after the affray was over, and there are various reports
as to his unfortunate fate .
We have, &c.
(Signed) JOHN DENT.
R. McGREGOR.
HORACE OAKLEY.
G. ANDERSON.
202
No. 84 .
Dr. Bowring to the Earl of Malmesbury.-- (Received January 17, 1853.)
My Lord, Hong Kong, November 13, 1852.
! ON the 10th instant soon after midnight, I was aroused by Captain Massie,
the Senior Naval Officer in China, who had just returned from the Chinese
coast opposite this island, where he had been engaged for several hours in the
.
unsuccessful search for Lieutenant De Lisle, R.N., the Admiralty Agent, who
was left wounded after having been attacked and robbed by a body of Chinese
1
vagabonds, as reported by his companion, Mr. Curling, an officer in the service
of the Peninsular and Oriental Steam Navigation Company, who had escaped,
though severely injured, to the boat which had conveyed both to the Chinese
shore.
Captain Massie stated his intention, if I did not object, to proceed at
daybreak to the town of Kowloon, the nearest place where any Chinese officers
are to be found, in order to induce, orif necessary, to compel the Mandarins to
assist in the search for Lieutenant De Lisle, the capture of the robbers, and the
recovery of the stolen property. Captain Massie requested that the Chinese
secretary might accompany him . I therefore instructed Mr. Medhurst to
proceed on board the - Cleopatra,” and to take with him Mr. Lay, who is
acquainted with the local dialect. I stated to Captain Massie, and the event has
justified my anticipation , that I had the highest confidence in the energy,
prudence, and knowledge of Chinese character, possessed by Mr. Medhurst, to
whom I communicated my opinions that, though coercive measures might
become necessary, and justifiable in case the authorities refused their
co-operation, great forbearance and self-control were required .
I have now the honour to inclose copies of Captain Massic and
Mr. Medhurst's reports, which will, I doubt not, be deemed satisfactory by your
Lordship, I also forward copy of my reply to Captain Massie.
Your Lordship will observe that I have not thought it compatible with
Her Majesty's dignity to comply with Captain Massie's suggestion that I should
make a complaint to his Excellency the Imperial Commissioner of the rudeness
shown to the officers in Her Majesty's service by a low Mandarin , surrounded
by a number of ill-bred Cantonese people. The Mandarin in command was
absent, and the official representing him has received a lesson, a salutary lesson
on the spot. While questions of considerable importance are in so unsatis
. factory a state , and so little attention is paid to representations on graver
subjects, I hope your Lordship will approve of my hesitation and reluctance,
especially at a moment when the attention of the high authorities in China is
distracted by the embarrassments of civil war and the alarming progress of the
insurrection from one Province to another.
I have, &c.
(Signed) JOHN BOWRING ,
19th November.--As the promise made had not been fulfilled by the
officer at Kowloon , that the depositions of the persons arrested for the
***
outrage committed on Lieutenant De Lisle and Mr. Ourling should be sent on
board the “ Cleopatra," I thought it desirable, after consulting with Captain
Massie, that Her Majesty's steamer “ Hermes ” should be dispatched to
Kowloon ; and I have the pleasure to state that the result has been in every
respect satisfactory : the higher Mandarin was found at his office ; a humble
apology was obtained for the rudeness of his subordinate to Her Majesty's
officers; the promised depositions were furnished, and, it is believed, proper
exertions will be made for the recovery of the lost property.
I beg to inclose copy of Mr. Medhurst's report. – J. B.
27th November.—I have just received a very satisfactory communication
from the Kowloon Mandarin, informing me that most of the property stolen
had been recovered . - J . B.
203
Inclosure 1 in No. 84.
Captain Massie to Dr. Bowring.
Sir, “ Cleopatra, ” at Hong Kong, November 12, 1852.
AFTER having in vain searched the greater part of the peninsula of
Kowloon, with almost the whole of my ship's company, for the person of
Leutenant De Lisle, Admiralty Agent , who had been reported to me with
>
another agent of the “ Singapore," as having been seriously wounded by
robbers, on the evening of the 9th, in accordance with that resolution which
I had verbally mentioned to your Excellency at midnight of the same day - on -
the morning of the 10th , it being a perfect calm, with the assistance of the
" Hong Kong ” steamer, kindly procured through the influence of Mr. Dent,
I proceeded to Kowloon, and anchored within good gun-shot of that fortress, at
8 A.M.
Soon after an armed boat with Lieutenant Price and Mr. Medhurst, Chinese
Interpreter, landed to require from the Mandarins their co -operation in a more
minute search of the country and the houses.
Immediately on reaching the beach these officers were met by the chief
superintendent of the Hong Kong police, who gave them the information of
Lieutenant De Lisle having been found in a dreadfully wounded stao by some
officers of the “ Pottinger ” steam vessel.
So far that question was set at rest; but as the assaila ts were still
undiscovered, as well as the property taken down from the gentlemen,
Mr. Medhurst proceeded to the interview .
Before entering on further detail, I must here mention the exceeding
incivility, indeed I may add the insulting manner, contrary to all Chinese
usages, with which these officers were received . No chairs were given them ,
the attendants tried to repel them from the receiving room, and when the
Mandarin presented himself he was in an undress, without any marks of his
office. These insults were very properly and firmly resented by the officers, and
the Mandarin, on being rebuked for the insolence of his men , his own
discourteous behaviour and conduct, as instanced by the time he kept the
officers waiting, as well as appearing in his dressing -gown, which by the way he
was made to exchange, behaved in the most abject and cringing manner.
I would here suggest to your Excellency, most respectfully, whether such
conduct should not be brought to the notice of the Commissioner at Canton,
that such indignities may not be offered to officers of Her Majesty's service in
the execution of their duties, those officers being fully authorized, and supported
in a manner to show they were so authorised.
To prevent such wanton insolence in the interviews which afterwards took
place , a guard of marines was sent, but although the Mandarin and his
attendants were frightened into better behaviour, the same disposition to insult
was evident.
Referring to the first interview , Mr. Medhurst explained it was my
instructions immediate steps should be taken to secure the culprits and their
plunder, and if that was not done without delay, he was desired to add , that I
was prepared to take ulterior and severe measures, the consequences of which
would remain upon the Mandarins' heads. This was promised, as well as that a
proclamation should be issued to the inhabitants of Kowloon on the subject of
these disgraceful attacks upon harmless and peaceful gentlemen . In the same
evening some stones were produced covered with blood, which marked the
locality of the place, and the parties concerned, and in an interview of the
morning of the 11th, it was intimated that five of the assailants were in
custody, and it was confidently affirmed the whole would be seized and the
property recovered, in which case, that, and the depositions of the prisoners
would be forwarded to me in Her Majesty's ship “ Cleopatra .”
In the last interview which took place , and which was principally to desire
the Mandarin should send for the ten prisoners, taken on the night of the 9th ,
with pikes, upon one of which were evident fresh marks of blood. ( This he
was to do within a certain time, or the prisoners, with an account of his conduct,
would be forwarded to Canton .) Mr. Medhurst took the opportunity, by my
204
desire, of intimating to the Mandarin , that dissatisfied with his insolent and
shuffling conduct, I should send a steamer to his superior Mandarin near to
Fo - tow -moon, and with an explanation of all that had occurred from him,
demand an even more thorough satisfaction .
Mr. Medhurst, however, was assured that all should be done, and an officer
having been sent for the prisoners by the specified time, as it appeared nothing
further could then be gained by my presence, in the afternoon I weighed and
proceeded to this anchorage to await the course of events ; indeed, the Mandarin,
apparently disgusted at having been taken to task in his own garrison, had put
on a dogged appearance, and it was perhaps better to let the matter rest so.
I cannot conclude this despatch, which circumstances and explanations
have drawn out to an unusual length, without bringing to your Excellency's
notice the high sense I entertain of the firmness, good sense, and energetic
discretion displayed by Mr. Medhurst throughout the whole of the business
painful as it was to my officers and himself to bear the insults of the
Mandarin and his rascally attendants. I have also to thank Mr. Lay for his
ready attention .
I am sure I need not mention to your Excellency the satisfaction I
experienced at witnessing the alacrity and zeal of the officers and this ship’s
company under Lieutenant Price in the cause of humanity . Almost the whole
of the ship's company were employed searching through the Peninsula of
Kowloon, from 7 P.M. of the 9th, until nearly 8 A.M. of the 10th, through a
most intricate country, intercepted by ravines and stone quarries.
I have, &c.
(Signed) S. L. MASSIE ,
Captain of Her Majesty's ship “ Cleopatra,"
and Senior Officer in China.
Inclosure 2 in No. 84 .
Mr. Medhurst to Dr. Bowring.
Sir, Chinese Secretary's Office, November 12, 1852.
IN obedience to your Excellency's instructions, received at midnight of
Tuesday, the 11th instant, I forthwith embarked on board Her Majesty's ship
“ Cleopatra ,” to accompany Captain Massie to Kowloon, but being told that
he should not leave the anchorage till break of day I returned ashore, and
rejoined the ship between four and five o'clock the following morning, accom
panied by Mr. Horatio Lay, whose services your Excellency had likewise desired
to be placed at Captain Massie's disposal, on account of his acquaintance with
the official and local dialects.
The vessel having anchored oft Kowloon about 9 A.m., I proceeded on
shore, in company with Lieutenant Price, for the purpose of communicating with
the authorities regarding the murderous assaultupon Lieutenant De Lisle and
Mr. Curling, and securing co -operation towards the discovery of the former
gentleman,then reported to be missing. On our way to thebeach we met Mr.
May, Superintendent of Police , who informed us of Mr. De Lisle’s safety ; but
thinking it advisable, nevertheless, to see the authorities, and not only urge
them to apprehend the robbers and recover the stolen property, but impress
upon them likewise the necessity of preventing the recurrence of such outrages,
we proceeded towards the town. When we entered the gate of theNaval Com
mandant's official residence, which is situated within a small citadel, some
attendants came forward, and denied us admittance, on the plea of the absence
of that officer ; telling us, at the same time, that there was a naval officer,
styled Too -sze, left in charge of the garrison, whose residence was in the
suburbs. Being aware that no other official residence existed in the place, we
walked into the outer court, and requested the bystanders to procure seats, and
apprise the Too -sze of our presence . The attendants (mostly natives of
Canton ), instead of conducting us, as is customary, into the reception-room,
which is always separated from the outer court by folding-doors, kept these
closed, and commenced jeering at and ridiculing us , placing first aa kitchen
bench before us, and when that was pushed aside, substituting for it one broken
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bamboo chair, which was thrown down with a joke that elicited a roar of laughter
from the surrounding crowd . Finding them inclined to be thus insolent, I
assumed a more authoritative tone, which had the effect of bringing the Too -sze
to us . He appeared, however, in plain clothes, a mode of reception so deroga
tory in the eyes of the Chinese to the visitor, that I was obliged to refuse to
have any communication with him until he appeared in proper costume. He
thereupon retired, and returned correctly dressed, the attendants still joking
and laughing as before. Having been treated with so much rudeness, this
interview was necessarily occupied with angry discussion upon the nature of our
reception ; but before leaving I requested the officer to hasten to take the
necessary steps for the apprehension of the thieves, and the recovery of the
property, and to issue a proclamation forbidding similar outrages in future.
This he promised to do, after repeated attempts to make light of the whole
affair. I likewise asked him to send on board a written application for ten
prisoners, whom Captain Massie had captured the previous night, during the
search for Mr. De Lisle ; a suggestion with which he also promised at once to
comply.
In the evening of the same day we paid a second visit to the shore, to
ascertain what had been done. On this occasion the attendants received us in
silence, but with a most annoying dilatoriness in producing chairs, and obtaining
for us the presence of the Tov-sze. Upon his making hisappearance, and being
asked what had been done, he produced two chips of granite, besmeared with
blood, which he said he had himself picked up, after a fatiguing walk on the peak
of a hill, and which had thus afforded him aa clue towards the identification of the
spot where the attack took place. He had also, he assured me, dispatched
spies to make inquiries . The description which he gave of the locality,
however, made it evident that he had not, as he stated, examined it in person, and
as he had failed to forward the application for the prisoners in our hands, he was
told that unless he showed more readiness to assist us, Captain Massie would be
under the necessity of taking stronger measures than any which had yet been
adopted. He then begged that three days' grace might be allowed him , in
order that if successful he might produce the culprits within that period , and he
assured me that the letter for the prisoners was ready if I would receive it ; but,
as it was evident that he had as yet done nothing, and as the letter proved to
be addressed to the Police Magistrate of Hong Kong, I refused to accept it,
and left him with a warning that his negligence should be represented in the
strongest terms to Captain Massie, who would no doubt adopt other measures
the following morning.
In the forenoon of the ensuing day, no message having been received from
the shore in the meanwhile, I suggested to Captain Massie the advisableness of
having another interview with the officer, to inform him, that the slighting
manner in which our complaint had been entertained by him, had made it
necessary for us to ignore him altogether as regarded the seizure of the robbers,
and despatch a steamer to communicate with his senior officer at Ta -pang, and
that as regarded the prisoners on board , it was requisite for him to fetch or send
for them before noon of that day, on pain of their being delivered over his
head to the supreme authorities at Canton. Captain Massie having approved
of my suggestion, we landed again, and proceeded to the same office as before.
On this occasion, however, they kept us standing in the sun so long, and my
reiterated applications for the Too -sze were so ineffectual, that I resolved to go
in search of him myself. Taking a serjeant with me for protection, I walked into
the adjoining room, where I supposed him to be, but not finding him there, I
proceeded without the city walls, to a mean shop, indicated to me as his
residence. After waiting a short time at the door, he made his appearance
ready dressed , and I thereupon reproached him severely, in the presence of a
crowd of people, for his increasingly uncourteous behaviour, and required him
to accompany me to the other office, which he sulkily did. After we were
seated, he informed me of his having effected the capture of five men concerned
since our last visit whom , however, he had not, as he said, had leisure to
examine. He also renewed the proffer of the letter before refused. As these
five men had been taken the previous evening, and they had had abundant time
to question them with a view to recover the property, I delivered Captain
Massie's message without further parley, adding, that any further exertions the
Too-sze might make, would, of course , be useful towardsaverting the necessity
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of carrying out his threats, the letter I again refused, desiring him to send an
officer for the prisoners. We then returned on board. In the course of the
forenoon an officer came alongside with a properly worded receipt for the ten
prisoners, and they were delivered into his charge. We afterwards weighed,
and came away .
Since my return to Hong Kong I have learnt from authentic sources , that
the Commandant was at Kowloon , during the whole of our stay in the bay :
the fact of there having been no notice of his absence hung up at the gate ( a
formality always observed) confirms me in the belief, that he was actually in the
back apartments during each of our interviews with his subordinate. I can only
account for the really uncourteous reception given us, by the fact that the
Chinese authorities in their intercourse with foreign officers, are ever ready,
where they suppose the latter ignorant of their rules of etiquette, to receive
them in a manner at once indicative of their own national superiority, and calcu
lated to lower us in the estimation of their own people ; a propensity which has
not been sufficiently checked in the case of the Kowloon officials, who, perhaps,
have not been sufficiently informed of the rank or position of the persons with
whom they have had to deal. This course they hoped to pursue unopposed in
our case, and it was only by peremptory demands upon our part, that we suc
ceeded in procuring even the little attention that was at last unwillingly afforded,
an attention scarcely worth the name, seeing that in every instance we were
kept standing in the sun for some time to await appearance of our host, and
then seated in the outer court, where criminals are examined, both of these
modes of reception thoroughly repugnant to Chinese ideas of courtesy.
In need only add, in conclusion, that Captain Massie treated both Mr. Lay
and myself with the kindest consideration throughout, and afforded us every
facility for promoting the object, in effecting which we were sent by your
Excellency:
I have, & c.
( Signed) W. H. MEDHURST:
Inclosure 3 in No. 84 .
Dr. Bowring to Captain Jassie.
Sir, Hong Kong, November 13, 1852 .
I HAVE the honour to acknowledge your despatch of yesterday's date,
and congratulate you on the result of the visit of Her Majesty's ship
“ Cleopatra ” to Kowloon. I shall send a copy of your communication to Her
Majesty's Secretary of State for Foreign Affairs.
I beg you will accept yourself, and convey to Lieutenant Price and the
officers and ship's company, who so ably seconded your efforts, my thanks for
the energy and prudence which have been exhibited on this occasion.
With reference to your suggestion that I should address his Excellency the
Imperial Commissioner, on the subject of the indignities to which the officers
in Her Majesty's service have been subjected, I am disposed to think, in the
present state of our relations with the Chinese, that I shall better consult the
Queen's dignity by refraining from sending to the high authorities an official
complaint of the rudeness of a petty functionary and his surrounding attendants,
who have already received a lesson which may teach them better manners for
the future .
I have, &c.
(Signed ) JOHN BOWRING .
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Inclosure 4 in No. 84.
Mr. Medhurst to Dr. Bowring.
Sir, Chinese Secretary's Office, November 19, 1852.
IN obedience to your Excellency's instructions I accompanied Captain
7
Fishbourne in Her Majesty's steamer “ Hermes, ” to procure an interview with
the Brigadier in command of the Tapang Brigade, either at his residence at
Kowloon, or at his head-quarters in the city of Tapang in Bias Bay, for the
purpose of ascertaining from him what steps had been taken towards affording
proper redressfor the robbery committed upon Messrs. Curling and De Lisle.
We found the Brigadier at Kowloon , where he gave us a ceremonious and
very courteous reception. He informed us that five of the robbers had actually
been apprehended, one of whom , he said, had confessed to having been a party
to the robbery, and assault, and he offered us a copy of the depositions taken ;
the stolen property, he told us, had not as yet been recovered, although he had
spared no pains to secure it ; he was very sanguine nevertheless of eventually
being able to trace it. When reminded of the unconrteous manner in which
the former deputation had been received by his subordinate, he apologised again
and again for the offence, and begged that it might be overlooked ; but as his
verbal excuses were not deemed a sufficient reparation, he was requested to
send an official written apology to Captain Massie's address, on board , before
the evening, which he promised faithfully to do. The depositions we declined,
with a suggestion that they should be conveyed in an official letter to the same
address.
In the afternoon he sent, by an officer, a private note of apology inclosed
in an official envelope, and another note conveying the depositions to my
address ; these we returned at once, accompanied by a repetition of our demand..
In the evening the officer returned with two official letters as requested, but as
neither of them proved to be satisfactory, II proceeded (with Captain Fishbourne's
assent) , on shore myself, accompanied by Lieutenant Price of the “ Cleopatra,”
and Mr. Lay, to dictate the form of letter required . This the Brigadier allowed
us to do, and attached his seals to two letters which were written under our
supervision. Having succeeded in securing these, we returned on board , and
Captain Fishbourne then weighed and came away. The Brigadier at parting
assured us that he would exert himself to the utmost to recover the stolen
property as speedily as possible, but he declined to give us a more detinite
promise, not being sufficiently certain of success to warrant him in doing so.
I have, &c . .
(Signed) W. H. MEDHURST.
1
No. 85 .
Lord J. Russell to Sir G. Bonham .
(Extract.) Foreign Office, January 20, 1853 .
I HAVE to acquaint you that Her Majesty's Government approve of the
steps taken by Dr. Bowring,as reported in his despatch of the 13th of November,
with reference to the attack made on Lieutenant De Lisle and Mr. Curling
by some Chinese vagabonds at Kowloon.
No. 86 .
Acting Consul Elmslie to Mr. Hammond.— (Received August 14. )
Sir , Canton, June 19 , 1854 ..
HER Majesty's Plenipotentiary being absent from Hong Kong, I think it
my duty to communicate to you, for the information of Her Majesty's Secretary
of State for Foreign Affairs, the details of a late occurrence, of which exaggerated
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or untrue accounts might otherwise reach the Foreign Office. This was the
abduction of a British subject by a party of Chinese claiming a sum of money
from him ; who, after a confinement of a few hours' duration, was released
through the intervention of the Chinese authorities.
The particulars of the case were briefly as follows:
Mr. Seth, an Armenian of Bombay (the object of the outrage), had , about
the 29th March, agreed with a certain Chinese broker to provide within a
fortnight a vessel for the conveyance of 400 emigrants to California ; and as
bargain money he had received 1,000 dollars, for which he gave an acquittance.
Being unable to fulfil the contract, the broker demanded restitution of the
bargain -money, which Mr. Seth promised to refund on his receipt being delivered
back to him , but the broker failed to produce the receipt. Mr. Seth maintains
that no further application was made for the money , and that the matter there
rested : but I believe he alterwards, at various intervals , promised, if some
delay were granted him , to procure a vessel for the original purpose of the
contract.
On the 15th instant, the broker, named Chow Keao -shing, was seen to run
into Mr. Seth's house pursued by a mob of Chinese . He entered a room in the
lower part of the house, the door of which was immediately bolted ; when the
mob, supposing he was intentionally concealed, rushed up stairs into Mr. Seth's
office and took possession of it , creating a great disturbance. Mr. Seth, after
some time, dispatched a messenger with a letter to me, requesting that I would
afford him protection ; and I accordingly sent Mr. Morrison to inquire into the
matter He informed the leaders that if they had any complaint against
Mr. Seth , they would obtain justice by a proper application at the British Con
sulate ; and making a memorandum of their statements, he, after a short parley,
succeeded in dispersing them .
The various parties, with the exception of the broker, attended before me
the next morning at 11 o'clock , when I ascertained that the persons who now
brought the complaint, were the real contractors with the emigrants for providing
a vessel ; but that, being ignorant of the English language and strangers in
Canton, they had engaged the broker Chow Keao -shing as their agent.
The emigrants had parted with all their effects in preparation for departure,
at the time first stipulated for ; and had paid certain advances to the persons
undertaking to secure their passage, repayment of which they now claimed.
Mr. Seth declared that he was unacquainted with the parties present; that he
had received the 1,000 dollars from the agent Chow Keao -shing, and had given
the receipt to him on the document containing the agreement. The complainant
admitted that this had come into his possession ; but he had destroyed it on
suspicion of its being invalid.
It subsequently transpired that Chow Keao -shing had absconded during the
previous day, but I was then ignorant of the circumstance ; and as his evidence
was necessary, I directed the principal plaintiff to accompany the messenger of
the Consulate sentto summon him ; and at thesame time I perinitted Mr. Seth
to leave the Consulate till again required. Within a few minutes afterwards, an
American gentleman came to the Consulate and informed me that he had seen
Mr. Seth being dragged away from the factories by about twenty-five Chinese ;
the five or six so-called soldiers stationed at the entrance gate of the factories not
attempting to rescue him , and the shopkeepers in the street through which he
was taken shutting their doors . The gentleman himself being single-handed,
could not render effective assistance ; but his residence was close by, and he sent
servants to follow the party and ascertain the place to which Mr. Seth was
carried. The latter has since informed me that he was hustled along and
frequently thrown to the ground , until, after proceeding a mile and -a -half, he and
his conductors arrived at a small house , situated in a narrow and tortuous lane in
a secluded part of the suburbs immediately under the city wall.
On learning the facts above- mentioned, I at once sent intimation of them
by a messenger to the nearest police office (that of the sub-magistrate of the
district), and then wrote to the District Magistrate requesting him to adopt the
proper steps for Mr. Seth's release, and also to the Imperial Commissioner
informing his Excellency of the circumstances of his capture. Having learnt
before the letters were closed the place of Mr. Seth's confinement, I was enabled
to indicate it to those officers. My messenger who had been dispatched to
ascertain the state of affairs and afford any possible assistance, reported that the
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lane and all the approaches to it were filled with a vociferous crowd, and that
the shops in the neighbourhood were closed, and the street barricades put up, so
as to leave a passage for the exit of the mob only at one point. The messenger
was not admitted to the house, but was driven away with a threat that if he
remained, he likewise should be put in confinement . Mr. Seth's servants,
however, were allowed access to him , and they discovered that he was not
subjected to any maltreatment . Under these circumstances I considered it
unadvisable for any foreigner to interfere, lest excitement might be produced
which should result in greater mischief.
The day advancing, and as I could not learn precisely what steps the
authorities proposed to take, at 3 P.m. I wrote to request a visit from the
District Magistrate, intending to propose to him to proceed with Mr. Morrison
to the place of Mr. Seth's confinement, and try the effect of his authority and
persuasion. He was then in attendance at the Governor -General's, and as by
5 P.m. he had not arrived at the Consulate, Mr. Morrison started , accompanied
by a Chinese to communicate with the people in the local dialect, and I sent
another verbal message to the magistrate requesting him to go direct to meet
him .
At aa short distance from the place, Mr. Morrison met Mr. Seth escorted by
a party of police, and accompanied by a friend who had joined him a few
minutes before his liberation. The crowd of the morning had hy this time
greatly decreased, and the police had with little difficulty taken into custody
Mr. Seth , together with his captors . Mr. Morrison followed them to the office
of the sub.magistrate, situated in that neighbourhood , where the magistrate had
already arrived . He requested Mr. Morrison to wait with Mr Seth till he should
(in a different room) hold an inquiry into the matter. In about an hour he
came to Mr. Morrison and delivered Mr. Seth into his charge, stating that he
had not completed the investigation, and would write to the Consulate next day
on the subject, communicating the result. I inclose a copy of the letter which I
accordingly received from him .
On the 17th instant I addressed letters to the Imperial Commissioner and
District Magistrate, thanking them for the assistance they had afforded, and
transmitting a detail of the circumstances of which I was cognizant. I stated
that I would pay into the hands of the proper authority the one thousand dollars
bargain -money, which I should require Mr. Seth to deposit in this office, to
dispose of as they might think proper, upon their informing me or the penalty
to be inflicted upon the abductors, and the amount of compensation to be made
to Mr. Seth for his illegal imprisonment.
The occurrence caused considerable sensation amongst the foreign com
munity, especially in the early part of the day, when the result could not easily
be foreseen . I communicated immediately with Commander Fellowes, of Her
Majesty's sloop “ Comus," at this port, who was in readiness to send a party
ashore should circumstances have unfortunately called for such a step . It is a
subject for extreme congratulation that the matter was peaceably concluded , as
in the present disposition of a large mass of the inhabitants , the consequences of
any commotion might have been disastrous to an incalculable extent . Similar
considerations may probably account for the comparative promptness with which
the Chinese authorities effectively interfered ; for the disturbed state of the
country occasions them, at this moment , much embarrassment .
Were the employment of force at any time necessary for the protection of
the foreign community, I cannot feel confident that there are sufficient means at
disposal to ensure perfect immunity from danger.
To the means employed by myself for obtaining Mr. Seth's release, the
United States' authorities added their representations to the officers of the Local
Government upon the peril to which the foreign residents would be exposed if
violent acts of aa lawless mob were tolerated ; and many Chinese, whose interests
were jeopardised by the chance of a disturbance, exerted themselves to obtain a
quiet settlement.
Mr. Seth , while in confinement, was several times urged to give a bond for
the amount claimed ; but he declined to do so on the grounds which dictated his
refusal of the money in the first instance.
The above statement of the facts of this unpleasant affair will enable the
Earl of Clarendon to form a judgment of the critical position in which the
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British community at this port are situated, with respect to the security of their
persons and property .
I annex a copy of a letter received from Mr. Seth, submitting his complaint,
with his claim for indemnity.
I have, & c.
( Signed) ADAM W. ELMSLIE .
Inclosure 1 in No. 86 .
.