discover the grounds of complaint, and whether or not the ship ought to be
detained .
It would have been far more prudent, to say the least, on the part of the
master himself, to have waited until the nature and validity of the emigrants'
discontent could have been ascertained ; and he suffered the natural penalty of
the opposite course by constant alarms and attempts at violence during the
voyage. But still, having been regularly cleared by the functionary designated
for the purpose by the Act of Parliament, who had assembled the passengers,
and had been ready at that time to receive any complaints which they might
have to prefer, he cannot be said to have committed any legal offence, and
there appears no ground to sustain a prosecution against him or the owners of
the ship .
>
The case of the “ John Calvin ” is different in this respect. The emigration
officer certified that the ship was qualified to carry 301, but that only 81 were
actually on board. It seems that all but 81 declined to go, and that he
therefore refused to insert more in his clearance, but the ship nevertheless
proceeded to sea with 298. In a letter from the master to the owners, written
soon after reaching Havannah, and before he could have any knowledge of the
inquiries which would take place in England , he mentions that the conduct of
the emigrants was quiet and submissive during the voyage. Whether the
excess beyond 81 consisted of the very persons who objected in the presence
of the emigration officer, or whether of others picked up subsequently, is not
stated ; but the former case is the most probable. It also is not stated that
the emigration officer ordered the passengers to be re-landed under the terms
of the 6th Regulation , and he certainly did not detain the ship, for by granting
his certificate he enabled the captain to put to sea. The proper course for
the emigration officer would have been to withhold his clearance until he was
satisfied that all the passengers whom he wished to be removed were re -landed .
You will explain this carefully to the present emigration officer, and desire him
to guide himself accordinglyin any future case which may occur of the same
nature.. Although , however, the late emigration officer does not appear to
have taken the best course for enforcing his views, there can be no doubt that
the master of the “ John Calvin ” defeated the spirit of the Act in proceeding
to sea with 298 emigrants, when only 81 had been approved of by theemigration
officer ; and I have, therefore, caused a case to be laid before the law officers
of the Crown, to ascertain whether there may not have been such an infraction
of the letter as will sustain a prosecution ; and in that case the bond should,
without fail, be put in suit against the master and his sureties. I shall lose no
time in apprising you of the result of the reference to the law officers of the
Crown ,
I have , &c.
Governor Sir John Bowring, ( Signed) H. LABOUCHERE.
&c. & c. &c.
( 61 )
No. 32. No. 32.
Hon. H. LABOUCHERE , M.P., to
Copy of a DESPATCH from the Right BOWRING. >
Governor Sir John
( No. 83. )
Sir , Downing Street, June 18, 1857.
In my despatch , No. 28,* of the 14th of March last, your attention was * Page 47.
called to the requirements of the regulations appended to the Chinese Pas
sengers' Act , that for every passenger on board there should be a space of at
least twelve superficial feet on the 'tween decks, and also a space of five super
ficial feet on the upper deck left clear for the use of the passengers, and you
were informed that this space was in my opinion decidedly not more than
sufficient, and that it ought not to be diminished. I trust, therefore, that any
communications to the present emigration officer which you may have founded
on that despatch from me will have precluded any future misunderstanding
of the subject.
But since the time when I wrote to you, the nature of the misconception
under which the late emigration officer acted in computing the capacity of the
two ships, the “ John Calvin ” and “ Duke of Portland,” has become apparent
on further examination of the figures and statements contained in his certi
ficates of clearance, it is found that in computing the superficial feet of the
'tween decks, he did not confine bimself to the lower deck, but included all
those parts of the upper deck which were housed over . To prevent the possi
bility of further mistake, therefore, I have to request that you will apprise the
present emigration officer that this is not the true intent of the regulations
appended to the Act. The meaning of them is, that for every passenger on
board there shall be distinctly twelve superficiel feet of the lower deck itself,
and likewise five superficial feet of the upper deck available to them for air and
exercise. You will enjoin it upon the emigration officer to carry this regu
lation fully into effect.
I am, & c.
Governor Sir John Bowring, ( Signed ) H. LABOUCHERE.
&c. &c. & c.
No. 33. No 33.
Copy of a DESPATCH from the Right Hon. H. LABOUCHERE, M.P., to
Governor Sir John BOWRING.
( No. 41. )
SIR , Downing.street, April 6, 1857.
My attention has been drawn by the Lords of the Committee of Privy
Council for Trade to the fact that the ship “ John Calvin ” was cleared from
Hongkong, whence she sailed in March 1856, with a certificate for 81 pas
sengers, but that she would appear to have proceeded in reality with 298 pas
sengers on board. Their Lordships are endeavouring to learn from the master
of the ship who is now in London , how this discrepancy or evasion of the law
may have occurred. In the meanwhile, I have to request thatyou will inquire
whether any explanation of the circumstance can be furnished from the emigra
tion office at Hongkong.
I have, &c.
Governor Sir John Bowring , ( Signed) H. LABOUCHERE.
& c. & c. &c .
No. 34. No. 34.
Copy of a DESPATCH from the Right Hon . H. LABOUCHERE , M.P., to
Governor Sir John BOWRING .
( No. 52. )
SIR , Downing Street, April 27 , 1857.
With reference to my despatch, No. 41 , of the 6th of April, requesting
you to seek information respecting the circumstances under which the “ John
99
Calvin was cleared , I have to acquaint you that the Board of Trade have
( 250. ) H 3
( 62 )
apprised me that all endeavours to find Captain Thornhill, the late master of
that vessel, have failed, but that from recent information obtained by the
registrar of seamen , it appears likely that he left this country for China by the
overland route, about a month since . I apprise you of this probability in
order that if Captain Thornhill should have reached Hongkong, you may be
able to make use of his presence in any inquiry which may be instituted on
the spot into the case of the “ John Calvin ."
I have, &c.
Governor Sir John Bowring, ( Signed ) H. LABOUCHERE .
&c. &c . &c .
No. 35 . No. 35.
Copy of a DESPATCH from Governor Sir John Bowring to the Right Hon.
H. LABOUCHERE, M.P.
( No. 64. ) Government Offices, Victoria, April 10, 1857.
( Received June 5, 1857.)
Sir, ( Answered No. 81 , June 15, 1857, page 63.)
I have to report to you the following circumstances connected with the
British ship “ Gulnare," engaged in conveying Chinese hired emigrants to the
Havannah . The “ Gulnare ” arrived in Hongkong on March 13, and her captain
reported that she had left Swatow, near Amoy, on March 11, with a crew of
32 men , and having on board 432 Chinese. On the following morning, at
7.15 a.m., a desperate and well -combined attack was made by the emigrants to
obtain possession of the ship, and, as they failed in this, through the determined
conduct of the officers and crew, they attempted to set her on fire. They were
finally put down, after severely wounding the third officer and one of the crew ;
nine of their own number were shot, many more wounded, and three jumped
overboard to avoid capture. On March 14 , 20 of the Chinese, who had taken
the most prominent part in this piratical attempt, were brought on shore in the
custody of the police ; the charge against them was investigated by the chief
magistrate , who committed 18 to take their trial at the Supreme Court for
piracy, with wounding. One of the wounded Chinese died soon after the
“ Gulnare ” arrived in harbour, and a coroner's inquest, whose verdict was one of
“ Justifiable homicide,” was held on the body on March 17 . To facilitate
the despatch of the ship, the Chief Justice held an extra criminal sessions of the
Supreme Court on March 27. A verdict of " Guilty ” was returned thereat,
after a trial which lasted the whole day, against all the 18 prisoners ; the
Chief Justice left three, Ng-king -seang, Cheem -koong -sew , and Chun -amoon
for execution , and ordered a sentence of “ Death recorded ” to be entered up
against the remaining 15. At a meeting of the Executive Council, held on
Monday the 6th, after a lengthened investigation of all the circumstances of
this case, I came to the conclusion, in which, however, I was not supported by
the Lieutenant-Governor and Colonial Secretary, that the ends of justice would
be sufficiently answered if the extreme penalty of the law were carried out in
the case of the first-named convict, Ng-king-seang only. This man had clearly
acted as a ringleader, and was apparently of a different, if not of a superior,
station in life to the other prisoners. Ng-king-seang was executed on Thursday,
April 9, and the sentences of the other 17 prisoners have been commuted into
that of transportation for life. I have to remark, in conclusion , that the
emigration officer was directed to institute a thorough inquiry into the state of
the provision, &c., on board the “Gulnare," and he has reported thatShshe wa wass
e
provided in every way in a complete and satisfactory manner.
despatched from this on March 30, with : 326 emigrants, being of sufficient
capacity to carry 338 .
I hope that you will approve of the line of conduct I have pursued ; and
I have, &c.
The Rt. Hon . H. Labouchere, M.P., ( Signed) JOHN BOWRING.
&c . &c. &c .
( 63 )
No. 36. No. 36 .
Copy of a DESPATCH from the Right Hon. H. LABOUCHERE, M.P., to
Governor Sir John BOWRING.
( No. 81. )
SIR , Downing Street, June 15, 1857.
I have to acknowledge the receipt of your despatch, No. 64 , * of the 10th * Page 64.
of April, reporting that eighteen Chinese emigrants had been tried for a pira
tical attempt to take possession of the British ship “ Gulnare ; ” that one of the
prisoners had been executed, and that the sentences passed on the other seven
teen had been commuted to transportation for life. In sparing the lives of
two of the three prisoners whowere left by the ChiefJustice for execution, I
entertain no doubt that you used to the best of your discretion the prerogative
of mercy with which you are invested.
I have, &c.
Governor Sir John Bowring, ( Signed) H. LABOUCHERE .
&c . &c . &c.
No. 37 . No. 37.
Copy of a DESPATCH from Governor Sir John Bowring to the Right Hon .
H. LABOUCHERE, M.P.
( No. 82. ) Government Offices, Victoria, Hongkong,
May 20, 1857.
SIR, ( Received July 20, 1857.) | Page 19 of
In despatch No. 28, of the 14th March , relating to the passenger ships House of Commons
“ Duke of Portland ” and “ John Calvin ,” you directed me to inquire what record Paper, No. 147,
or evidence exists, that the passengers embarked in the “ Duke of Portland ” March 21, 1857.
were duly inspected, and the correctness of their agreements ascertained. You
further desired an explanation upon the numbers which both the said ships were
computed to be legally qualified to carry, and a report explaining how, when
the Chinese Passengers' Act requires foreach passenger a space of five super
ficial feet on the upper, and twelve superficial feet on the lower deck , the emi
gration officer's certificate would only allow about three superficial feet above,
and eight below, in proportion to the number of passengers declared admissible
in such two ships .
I have the honour to transmit in reply the accompanying letters with docu
ments from the emigration officer, dated respectively the December 29, 1856,
and May 15, 1857 .
These will, I trust, prove to your satisfaction that no precautionary measure
was omitted here to protect the passengers in the “ Duke of Portiand ” and
“ John Calvin .” The discrepancy as to the amount of room allowed has, I
conceive, arisen from an inaccurate copy of the emigration officer's certificate,
as the full space in both instances appears to have been secured.
I have, &c.
The Right Hon. H. Labouchere, M.P. , ( Signed) JOHN BOWRING .
&c. &c. &c.
Enclosure 1 in No. 37. Encl. 2 in No. 3".
Emigration Office, Victoria, Hongkong,
SIR, May 15 , 1857
In reply to your letter of the 13th instant, No. 457, requesting me to ascertain
and report, for the information of his Excellency the Governor, whether there exists in
my office any record of the passengers by the “ Duke of Portland ” having been duly
inspected, and the correctness of their agreements ascertained, and informing me that the
Secretary of State for the Colonies is under the impression that instead of five superficial
feet on the upper deck and 12 superficial feet on the lower deck for each passenger on
board the ships “ Duke of Portland ” and “ John Calvin ,” there was only three feet above
and eight below allowed, and requesting me to ascertain, if possible, the proportionate
amount of room allowed to each passenger on board of such ships ; and also requiring a
statement whether the regulations of the Chinese Passenger Act, with regard to pas
sengers, are or have been in any way departed from ; I do myself the honour to draw
attention to my letter to your predecessor, dated the 29th December last, No. 13, and its
( 520. ) H 4
( 64 )
enclosures, in reply to hisletter to me of the 26th December,No. 975, enclosing for my
report a copy of aa letter from the President of the Strangers' Home for Asiatics in Eng
land, which I think will be found to contain nearly all the information now required.
2. I would, however, state that each statute adult on board the ship “ John Calvin '
was allowed the full space prescribed by the Act, viz. , 12 feet below and five feet above
for exercise ; and that the provisions of the Chinese Passengers Act have been, during
my term of office , and are at present, so strictly carried out in this colony that it will be
in his Excellency's recollection that complaints have been made by the masters and agents
of vessels thereof, and in one instance a protest was made by the master of the British
ship “ Gulnare ” against me for so strictly enforcing the provisions of the Act with regard
to space .
3. With regard to the ship “ Duke of Portland," she appears to have cleared out with
the number of passengers she was entitled to carry , although, upon the face of it, there
1. appears to be some clerical error in the certificate of Mr. Hillier, my predecessor, inas
2.
much as I find, from the certificate of Captain Watkins, copies of both of which I beg to
annex, that the full space was allowed to each individual on board the said vessel.
I have, & c.
( Signed) E. R. MICHELL,
Hon. Dr. Bridges, Colonial Secretary , Emigration Officer.
& c. &c. &c.
EMIGRATION OFFICER'S CERTIFICATE.
I HEREBY authorize the Chinese passenger ship “ Duke of Portland ” to proceed to sea
for the port of Havannah, in Cuba ; and I certify that the said ship can legally carry
334 adults, and that there are on board 334 passengers, making in all 33+ adults, viz.,
334 men , no women , no male children , and no female children, such children being be
tween the ages of one and 12 years ; that the space set apart and to be kept clear for
the use of such emigrants is as follows :-On the upper deck 1,140 ; superficial feet, being
fore-poop cabins, cabin before poop, and deck -house ; and in the between deck, 2,870
superficial feet, being the whole deck ; that the ship is properly manned and fitted, and
that the means of ventilating the part of the between decks appropriated to passengers
are as follows ; scuttles, air-funnels, and windsails ; that the ship is furnished with a
proper quantity of good provisions and fuel ; water more than sufficient for the passage to
St. Helena for 168 days' issues to the passengers, according to the annexed dietary scale,
and with a proper quantity of medicines, instruments, and medical comforts, according
to the annexed scale of medical necessaries ; that I have inspected the contracts between
the einigrants and their intended employers (the terms of which are annexed to this
certificate,) and consider them reasonable ; that no fraud appears to have been practised
in collecting the emigrants ; and that there are on board a surgeon and interpreter
approved by me, and designated respectively David Ludgate and Sungto.
The master of the ship is to put into St. Helena for water and fresh vegetables. Passage
from Hongkong to St. Helena estimated at 90 days, from St. Helena to Havannah 78
days.
(Signed) C. B. HILLIER ,
Dated at Hongkong, this 1st day of April 1856. Emigration Officer.
Annexed to this certificate are,--
1. Passenger List, as supplied by Master.
2. Copy of the Contract for Labour.
3. Schedule A. of Chinese Passenger Act.
I AEREBY certify that I have measured the British ship " Duke of Portland," and
report that she has capacity, under Act 18 & 19 Vict. c. 104., for the conveyance through
the tropics of three hundred and thirty -four 1 : (334 15) Chinese passengers, allowing
12 superficial feet for the accommodation of each passenger, as follows, viz. :
On the main deck 2,870 · 5 superficial feet.
In the fore-poop cabins 343 : 10 >
In the cabins before the poop 539.5
In the deck -house 257.5
12)4,011 : 1
334 1
( 65 )
I further certify that the “Duke of Portland ” has a clear space of 2,674 superficial feet
on the upper deck for the use of the passengers, viz. :--
poop
On the роор 8637 superficial feet.
On the cabin before the poop 565.6 :)
On the spar-deck 756.6 ")
On the forecastle -
488 :6
5 )2,674: 1
5345
Being upwards of five superficial feet for each passenger.
Dated at Victoria, Hongkong, February 28, 1856.
( Signed ) J. V. WATKINS,
Harbour Master.
Enclosure 2 in No. 37. Encl. 2 in No. 37.
Emigration Office, Victoria, Hongkong,
SIR, December 29, 1856 .
I do myself the honour to acknowledge the receipt of your letterdated the 26th
instant, No. 975, transmitting a letter from the Superintendency of Trade, and also
enclosing a copy of a communication from the President of the Strangers' Home for
Asiatics in England, with reference to the mortality which is said to have occurred on
board the emigrant ships “ John Calvin ” and “Duke of Portland,” which vessels were
cleared out from this port, bound to Havannah, by my predecessor ( Mr. Hillier) on the
12th March and 1st April last respectively, and requesting me to furnish you with the
fullest particulars in my power respecting them .
2.p.66
2. On reference to the records of my predecessor, I find that the ship “ John Calvin ”
was authorized to carry 81 passengers only, whereas by the slip of newspaper attached
to Sir E. N. Buxton's letter to the Earl of Clarendon above mentioned, I find that 110
deaths occurred on the voyage. It would therefore appear that this vessel succeeded in
going to sea with a much larger number of Coolies than that authorized by the emigra
tion officer, a copy of whose certificate is hereto annexed, and also an extract from the
Einigration Record Book, which purports to show that a portion of the Coolies originally
shipped had declined to proceed on the voyage.
3. As regards the ship “ Duke of Portland ," I can only say, that this vessel was
authorised to carry 334 passengers only, out of which number she appears to have landed
202. A copy of the clearance certificate of Mr. Hillier I also annex .. I would, however,
remark that the requirements of the Chinese Passengers Act of 1855 appear to have been
complied with at this port ; that the vessel carried a surgeon, was supplied with medicines
according to the scale prescribed in Schedule A ; and that the bonds in each case, copies
of which are annexed, were duly entered into and executed.
4. It appears to me that the ship “ John Calvin ” was improperly allowed to clear
inwards at Havannah with a greater number of Coolies on board than the emigration
officer's clearance from this port permitted ; and that had an enquiry taken place at
Havannah, the fraud in both cases, if any had been committed, would have been detected ;
and this Government would no doubt have been furnished with such evidence as would
have enabled it to recover from the sureties the penalties for the non - fulfilment of the
provisions of the “ Chinese Passengers Act, 1855. ”
I have, & c.
( Signed) E. R. MICHELL,
Hon. W. T. Mercer, Esq., Colonial Secretary, Emigration Officer.
&c. &c. & c.
EMIGRATION OFFICER'S CERTIFICATE.
>
I HEREBY authorize the Chinese passenger ship “ John Calvin ” to proceed to sea for
the port of Havannah, in Cuba ; and I certify that the said ship can legally carry 301
adults, and that there are on board 81 passengers, all male statute adults ; that the space
set apart and to be kept clear for the use of such emigrants is as follows : -On the upper
deck 895 · š superficial feet, being fore-poop cabin, 337.7; after deck-house, 99.4 ; fore
deck house, 458.6, and in the between deck, 2,724.2 superficial feet, being the whole
deck. That the ship is properly manned and fitted ; and that the means of ventilating
the part of the between decks appropriated to passengers are as follows:-windsails and
ventilating trunks, a plank taken out on each side of the deck. That the ship is furnished
withe a proper quantity of good provisions, fuel, and water for 147 days' issues to the
passengers, according to the annexed dietary scale, and with a proper quantity of medicines,
instruments, and medical comforts, according to the annexed scale of medical necessaries
That I have inspected the contracts between the emigrants and their intended employers,
(the terms of which are annexed to this certificate), and consider them, as now modified,
(250.) I
( 66 )
to be reasonable ; that no fraud appears to have been practised in collecting the emigrants
and that there are on board a surgeon and interpreter approved by me, and designated
respectively Le Chew and Laong Ahoy.
The master of the ship is to put into St. Helena for water and fresh vegetables.
Estimated length of voyage from Hongkong to St. Helena, 79 days ; St. Helena to
Havannah, 68 days.
(Signed) C. B. HILLIER,
Emigration Officer.
Dated at Hongkong this 12th day of March, 1856.
(True copy.)
( Signed) E. R. MICHELL,
Hongkong, December 29, 1856 . Emigration Officer.
ENCLOSURE No. 2 in Emigration Officer's Letter to the Hon. W. T. Mercer, Esq ., of the
29th December 1856 , having reference to the Ship “ John Calvin .”
This ship was despatched by Messrs. Lyall, Still, and Co., who applied for a clearance
for 302 passengers ( the ship had capacity for 301 and aa portion ), but on the passengers
being mustered and the contracts explained by the emigration officer, all but 81 declined
to go. Messrs. Lyall, Still, and Co. were told that a certificate could be granted for such
passengers only as had signed their contracts and come on board willingly, with a full
knowledge of the premises ; that this present refusal to proceed made evidence of consent
in each case necessary. They replied that they were not prepared with this evidence,
as the contracts had for the most part been witnessed before the procurador of Macao ;
they preferred, therefore, to receive a clearance for the number now consenting. There
was no evidence of fraud or violence in collecting the men , but , on the contrary, proof of
unusual care.
( True copy .)
(Signed) E. R. MICHELL ,
Hongkong, December 29, 1856.
. Emigration Officer.
EMIGRATION OFFICER'S CERTIFICATE .
I HEREBY authorize the Chinese passenger ship “ Duke of Portland ” to proceed to sea
for the port of Havannah, in Cuba, and I certify that the said ship can legally carry 334
adults, and that there are on board 334 passengers, making in all 334 adults, viz., 334
men , no women , no male children, and no female children, such children being between
the ages of one and 12 years ; that the space set apart and to be kept clear for the use of
such emigrants is as follows :—On the upper deck, 1,1407, superficial feet, being fore-poop
cabins, and cabin before poop ; and in the between deck, 2,870, superficial feet, being
deck -house, the whole deck ; that the ship is properly manned and fitted, and that the
means of ventilating the part of the between decks appropriated to passengers are as
follows :-scuttles, air -funnels, and windsails ; that the ship is furnished with a proper
quantity of good provisions and fuel, water more than sufficient for the passage to
St. Helena, for 168 days' issues to the passengers, according to the annexed dietary scale,
and with a proper quantity of medicines, instruments, and medical comforts according to
the annexed scale of medical necessaries ; that I have inspected the contracts between
the emigrants and their intended employers ( the terms of which are annexed to this cer
tificate,) and consider them reasonable ; that no fraud appears to have been practised in
collecting the emigrants ; and that there are on board a surgeon and interpreter approved
by me, and designated respectively David Ludgate and Sungto.
The master of the ship is to put into St. Helena for water and fresh vegetables.
Passage from Hongkong to St. Helena, estimated at 90 days ; from St. Helena to
Havannah, 78 days.
( Signed) C. B. HILLIER ,
Emigrant Officer.
Dated at Hongkong, this 1st day of April 1856 .
Annexed to this certificate are
1. Passenger List, as supplied by Master.
2. Copy of the Contractor for Labour.
3. Schedule A. of Chinese Passenger Act.
( True copy.)
(Signed ) E. R. MICHELL,
Emigration Officer,
Hongkong, December 29, 1856 .
( 67 )
COLONY OF HONGKONG TO WIT.
Know all men by these presents, that we are held and firmly bound unto our Sovereign
Lady Queen Victoria, by the Grace of God, of the United Kingdom of Great Britain and
Ireland, Queen, Defender of the Faith, in the sum of One thousand pounds of good and
lawful money of Great Britain, to be paid to our said Sovereign Lady the Queen, Her heirs
and successors; to which payment,well and truly to be made, we bind ourselves and
every of us, jointly and severally for and in the whole, our heirs, executors, administra
tors, and every of them , firmly by these presents.
(Signed ) A. THORNHILL. ( L.S.)
GEO. LYALL. (L.S.)
C. F. STILL. ( L.S.)
Sealed with our Seals.
Dated at Hongkong, this 11th day of February 1856.
WHEREAS by the “ Chinese Passengers Act, 1855 ," it is enacted, that before any
Chinese passenger ship shall clear out or proceed to sea on a voyage of more than seven
days' computed duration, the master thereof shall, with two sufficient sureties to be
approved by an emigration officer, enter into a bond to Her Majesty, Her heirs and
successors, in the sum of 1,0001.
Now the condition ofthis obligation is this, that if (in respect ofthe ship “ John Calvin,"
whereof Alonso Thornhill is master) all and every of the requirementsof the said Chinese
Passenger Act, and of the regulations contained in Schedule A. to the Act annexed , or
enacted by the Legislature of Hongkong, shall be well and truly observed and performed ,
then this obligation to be void, otherwise, to remain in full force and effect.
Signed , sealed, and delivered by the above-bounden Alonso Thornhill, George Lyall,
and Charles Frederick Still, in the presence of
(Signed) C. B. HILLER ,
Emigration Officer.
( True copy)
(Signed ) E. R. MICHELI ,
Hongkong, December 29, 1856. Emigration Officer.
Know all men be these presents, thatwe are held and firmly bound unto our Sovereign
Lady Queen Victoria, by the Grace of God of the United Kingdon of Great Britain and
Ireland, Queen , Defender of the Faith, in the sum of One thousand pounds of good and
lawful money of Great Britain, to be paid to our said Sovereign Lady the Queen, Her
heirs and successors ; to which payment, well and truly to be made, we bind ourselves
and every of us, jointly and severally for and in the whole, our heirs, executors, admi
nistrators, and every of them , firmly by these presents.
(Signed) GEO. F. SEYMOUR. ( L.S.)
A. C. MACLEAN. ( L.S.)
GEO. LYALL. ( L.S.)
Dated at Hongkong this 28th day of March 1856. Sealed with our Seals.
WHEREAS by the “ Chinese Passengers Act, 1855 ,” it is enacted , that before any
Chinese passenger ship shall clear out or proceed to sea on a voyage of more than seven
days' computed duration, the master thereof shall, with two sufficient sureties, to be
approved by an emigration officer, enter into a bond to Her Majesty, her heirs and suc
cessors, in the sum of One thousand pounds.
Now the condition of this obligation is this, that if (in respect of the ship “ Duke of
Portland,” whereof George Frederick Seymour ismaster ), all and every of the require
ments of the said “ Chinese Passenger Act,” and of the regulations contained in Schedule
A. to the Act annexed, or enacted by the Legislature of Hongkong, shall be well and
truly observed and performed (in like manner as the same ought to be observed and per
formed in case the said ship were a British ship, and the said British ship a British sub
ject,) then this obligation to be void, otherwise to remain in full force and effect.
Signed, sealed, and delivered by the above-bounden George Frederick Seymour,
Alexander Campbell Maclean , and George Lyall, in the presence of
(Signed) C. B. HILLIER,
Emigration Officer.
(True copy.)
(Signed ) E. R. MICHELL ,
Emigration Officer
Hongkong, December 29, 1856.
( 250.) I 2
( 68 ) 5
No. 38 . No. 38.
Copy of a DESPATCH from Governor Sir John Bowring to the Right Hon.
H. LABOUCHERE, M.P.
(No. 112. ) Government Offices, Victoria, Hongkong,
July 17, 1857.
Sir, ( Received September 25, 1857.)
* Page 61 . By your Despatch, No. 52,* of 27th April 1857, I had the honour to be
informed by you that Captain Thornhill, of the ship " John Calvin ,” was sup
posed to have left England for China by the overland route. I have caused
inquiries to be made with regard to him, and by the accompanying letter from
the harbour master, Captain Thornhill seems to have proceeded to Calcutta,
and not to China .
I have, &c.
The Right Hon . H. Labouchere , M.P., ( Signed ) JOHN BOWRING.
&c. &c . &c .
Encl. in No. 38 . Enclosure in No. 38.
(No. 44. )
Harbour Master Office , Victoria, Hongkong,
Sir , July 11 , 1857.
In reply to your letter, No. 621 , of the 9th instant, having reference to the where
«4
abouts of Captain 'Thornhill, lately in command of the ship " John Calvin ,” I do myself
the honour to report, for the information of his Excellency the Governor, that, from
inquiries made, I have every reason to believe he is somewhere in India, having left
London some months ago, as I learn, for Calcutta.
I have, &c. ,
( Signed) E. R. MICHELL,
Acting Harbour Master.
The Hon. Dr. W. T. Bridges, Acting Colonial Secretary,
& c. & c. dc.
No. 39. No. 39.
Copy of a DESPATCH from the Right Hon . H. LABOUCHERE, M.P., to
Governor Sir John BOWRING .
( No. 101. )
SIR Downing Street, August 18, 1857.
With reference to the concluding portion of my Despatch No. 86, of
the 29th of June, I enclose, for your information and guidance, a copy of the
August 8. opinion which I have received from the law officers of the Crown upon the
question of the liability of the parties concerned in the “ John Calvin ,” to the
forfeiture of the bond given for the observance of the Chinese Passengers’
Act .
I think that, in pursuance of this opinion , it will be proper that you should
take steps for putting the bond in suit.
I have, &c .
Governor Sir John Bowring, ( Signed ) H. LABOUCHERE.
&c . &c. &c.
No. 40. No. 40.
Copy of a DESPATCH from Governor Sir John Bowring to the Right Hon.
HENRY LABOUCHERE, M.P.
Government Offices, Victoria, Hongkong ,
( No. 148. ) October 9, 1857 .
( Received December 7, 1857.)
SIR, ( Answered, No. 1, January 2, 1858, page 70.)
• Page 59. In your Despatch, No. 86, of June 29,* 1857, you were pleased to
direct me to call upon Mr. May, the superintendent of police, for an expla.
( 69 )
nation of his conduct with regard to the dispatch of the emigrant ship " Duke
of Portland.” I have done so, and I have the honour to forward herewith such
explanatory letter which will, I trust, prove satisfactory to you.
I have, &c.
( Signed ) JOHN BOWRING.
Right Hon . H. Labouchere, M.P.
&c. & c. & c.
Enclosure in No. 40. Encl. in No. 40 .
( No. 80.)
Police Department, Victoria, Hongkong,
Sir, September 2, 1857.
I HAVE the honour to acknowledge receipt of your letter, No. 746 , dated 21st
ultimo, upon the subject of a Despatch received from the Right Honourable the Secretary
of State for the Colonies, calling for an explanation of my conduct as superintendent of
police, on the matter of the Coolie ship “ Duke of Portland . ” Captain Seymour, the
master of such ship, informed his owners by letter that
“ On 2nd April, when hove short and ready for sailing, the Chinese crowded aft, took
belaying pins from the rails, and armed themselves with firewood, yelling and shouting
in a fearfulmanner, throwing everything moveable overboard. He then had an inter
view with the stipendiary magistrate at the Supreme Court, who came on board with a
police force. The coolies laughed at them , and at length they were driven below at the
point of the bayonet. Then planted iny two guns inside the cuddy door, loaded them with
grape and canister ; had the carronades loaded and placed at the poop fife -rail ; gave the
men a cutlass each . Mr. May (magistrate) was then on board ; he left a serjeant and
five policemen on board for sentries during the night. At daylight I was out of the
Roads."
I have the honour to state, for the information of his Excellency the Governor,with a
view that the statement may be laid before the Right Honourable the Secretary of State
for the Colonies, that the extent of my knowledge on the subject is very limited ; but
that I have enclosed report touching the matter which will convey the required intelli
gence, in so far as it regards the interference of the Hongkong police.
Early on the morning of the 1st of April 1856 , I proceeded in the police boat on police
duty to the town of Aberdeen, and returned therefrom to Victoria in the afternoon,
arriving in Victoria harbour at about six p.m. I was casually informed by a gentleman
passing in a boat that there had been aa disturbance on board the Coolie emigrant ship
"
“ Duke of Portland ," then at anchor in the harbour, and that lie believed police constables
were on board the said ship. I immediately steered to the “ Duke of Portland ," and
went on board. I saw two constables there, who told me that there had been a dis
turbance on board amongst the coolies, and that they had been ordered to remain to
prevent a recurrence of the disturbance. They mentioned,as far as my memory serves
me, that the chief magistrate ( who was also emigration officer ), and the assistant-super
intendent, Mr. Grand Pré, had been on board . Everything was remarkably quiet on
board . I did not observe any excitement, or did I see the carronades or gunsplanted
as stated in the captain's letter. I did not make any inquiry, or did I remain on board
above a minute, as I was satisfied that, under the orders of the chief magistrate (who
was a Chinese scholar), all needful inquiries and proper steps therein had been taken.
Upon arriving at the police station, I saw assistant-superintendent Grand Pré,who
reported to me theoutlines of the matter, to the effect as reported in the following day's
" Morning Report."
I have the honour to enclose a report from assistant-superintendent Grand Pré, an
extract from the “ Police Morning Report” of the 2nd April, which report was, as usual,
forwarded that day to the Honourable the Colonial Secretary and the chief magistrate ,
and a copy of the casetaken at the police court before the assistantmagistrate, referring
to the prisoner taken for disorderly conduct from on board the “ Duke of Portland.”
I have, &c.
(Signed ) C. MAY ,
Hon. W. T. Bridges, Esq., D.C.L., Superintendent of Police,
Acting Colonial Secretary. At present Acting Assistant Magistrate.
Sub-Enclosure 1 in No. 40. Sub.-Encl. 1 in
No. 40 .
REPORT.
On the 2nd of April 1856 the captain of the ship “ Duke of Portland ” came to the
Central Station and said that the Chinese Coolies on board were creating a disturbance,
and that he did not consider himself safe. I went to the emigration officer, Mr. Hillier,
and reported the circumstances to him ; be then told me to take some constables on board ,
( 250.) I 3
( 70 )
and that he would follow immediately afterwards. I carried out his orders, and had not
been on board five minutes, when Mr. Hillier and Mr. Lyall, the latter agent of the ship,
came on board ; and Mr. Hillier examined all the Coolies, and they seemed all pretty
quiet, with the exception of one of them , who was brought on shore, and charged with
being one of the ringleaders. Mr. Hillier then told me it would be well to leave some
constables on board ; three of them were left. I returned on shore and gave orders to
Serjeant M. D'Silva, of the water police, that if he saw everything quiet on board the
“ Duke of Portland ,” the next morning, when coming off duty, he was to bring the con
stables on shore. I saw Serjeant Silva the next morning, and he told me that the ship
had got under weigh, and that everything was very quiet on board, and the constables
left there had all come on shore.
With regard to what Captain Seymour says, that “ the Coolies laughed when they saw
the police come on board,” and that “ the police drove them down below with the points
of bayonets," I must beg to say is incorrect.
( Signed ) A. GRAND PRÉ,
Police Department, August 24, 1857. Acting Superintendent of Police,
True copy .
( Signed) W. T. BRIDGES,
Acting Colonial Secretary.
Sub .-Encl . 2 in Sub - Enclosure 2 in No. 40 .
No. 40.
In consequence of representation made that the Chinese emigrants on board the British
ship “ Duke of Portland ” were creating a disturbance on board, having demanded pay
ment of an additional sum of money, more than specified in agreement, assistant -super
intendent Grand Pré and a party of police proceeded on board ; the Coolies were all
orderly excepting one man, who was apprehended. Three constables were left on board,
and remained until the ship sailed at four a.m. this day.
( Signed) C. B. H.
W. T. M
True copy
( Signed ) A. GRAND PRÉ,
Acting Sup. Police.
Commenced April 3, 1856. Concluded April 3 , 1856. C. M. Court, No. 363.
At the CHIEF MAGISTRATE'S OFFICE, Victoria, in the Colony of Hongkong.
MINUTES of Proceedings in the cause in which C.Bartlett, police constable, is plaintiff ;
and Huen Ahchun, 22, of Sámsúi, shopman , defendant.
Thursday, April 3, 1856.
C. Bartlett, police constable, charges defendant with using exciting language, calcu
lated to cause a breach of the peace on board the ship “Duke of Portland," on the 2nd
April instant, in this harbour.
Defendant discharged .
(Signed) W. H. MICHELL.
No. 41 . No. 41 .
Copy of a DESPATCH from the Right Hon . H. LABOUCHERE, M.P., to
Governor Sir John BOWRING.
( No. 1. )
Sir, Downing Street, January 2, 1858.
Page 68.
I have to acknowledge your Despatch, No. 148 * of the 9th October,
accompanied by an explanatory letter from the superintendent of police of
Hongkong respecting the emigrant ship “ Duke of Portland.”
You will inform Mr. May that his explanation respecting his conduct in
connexion with this vessel is satisfactory.
I have, &c.
Governor Sir John Bowring , ( Signed) H. LABOUCHERE .
&c. &c . &c.
( 71 )
No 42 ,
No. 42 .
Copy of a DESPATCH from Governor Sir John Bowring to the Rt. Hon.
H. LABOUCHERE, M.P.
(No. 161.) Government Offices, Victoria, Hongkong,
November 11 , 1857.
SIR , (Received January 7, 1858.)
I HAVE the honour to transmit to you for submission to Her most
Gracious Majesty the Queen, Ordinance 11of 1857. Its principal object is to
put a check on the frauds to which Chinese emigrants, and especially those
paying their own passage fares, have been from time to time exposed by unprin
cipledmen , both Europeans and Chinese, taking upon themselves the office of
passage brokers, and then defrauding their victims of their money and passage
by absconding from the colony.
I am of opinion that the Ordinance will be found a valuable auxiliary to the
objects of the Government, and therefore confidently submit it for your favour
able consideration.
I have, &c.
The Rt. Hon . H. Labouchere, M.P., ( Signed ) JOHN BOWRING.
&c. &c. & c.
Encl . in No. 42.
Enclosure in No. 42.
HONGKONG.
( Seal.)
ANNO VICESIMO PRIMO VICTORIÆ REGINÆ .
No. 11 of 1857.
By His Excellency Sir John BOWRING, Knight, LL.D., Governor and Commander-in
)
Chief of the colony of Hongkong and its dependencies, and Vice-Admiral of the same,
Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British subjects
in China, with the advice of the Legislative Council of Hongkong.
Title.
AN ORDINANCE for Licensing and Regulating Emigration Passage Brokers.
[3d November 1857.]
WHEREAS it is expedient to amend existing legislation with reference to emigrants; Be Preamble.
it enacted and ordained by His Excellency the Governor of Hongkong, by and with the
advice of the Legislative Council thereof, as follows :
1. From and after the passing of this Ordinance , no person shall act as a passage No person to act as a
broker or in procuring passengers, for or in the sale or letting of passages in any emigrant passage broker with-,
ship,unless he shall, with two sufficient sureties, to be approved by the emigration into a Hond and 06
officer, have entered into a joint and several bond in the sum of five thousand current tained a licence.
dollars to Her Majesty, Her heirs and successors, according to the form contained in
Schedule A , hereunto annexed, which bond shall be renewed on each occasion of obtaining
such licence as herein-after mentioned, and shall be deposited with the emigration officer;
nor unless such person shall have obtained a licence to let or sell passages, nor unless
such licence shall be then in force ; and where different members of the same firm act
as passage brokers, each person so acting shall comply with the terms of this section.
II. Any person wishing to obtain a licence to act as a passage broker, shall make How passage broker's
application for the same to the emigration officer, and the emigration officer is hereby licence may be ob
authorized ( if he shall think fit) to grant such licence according to the form in Schedule B. Power of justices to
hereunto annexed : Provided always,that no such licence shall be granted unless such order licenses tobe
bond as herein -before mentioned shall have been first entered into : Provided also, that forfeited .
any justiceor justices of the peace who shall adjudicate on any offence against thisOrdi
nance, are hereby authorized to order the offender's licence to be forfeited, and the same
shall thereupon be forfeited accordingly ; and the said justice or justices making such
order shall forthwith cause notice of such forfeiture, in the form contained in the Schedule
C. hereunto annexed , to be transmitted to the emigration officer, and such forfeiture
shall be exclusive and independent of any other punishment which may be inflicted upon
such offender under the provisions of this Ordinance.
III . Every person obtaining such licence as aforesaid shall pay to the emigration licences.
Fee to be paid for
officer a fee of two hundred current dollars, which fee the emigration officer is hereby
empowered and required to demand and receive upon the issuing of any such licence; and
the said emigration officer shall pay over all such fees to the Colonial treasurer, to be
applied to the Colonial revenue.
(250.) I 4
( 72 )
How long licences are IV. All such licences shall continue in force until the 31st day of December in the
to continue in force.
year in which such licence shall be granted , and for fourteen days afterwards, unless
sooner forfeited as herein -before mentioned : Provided that any licence granted before
the 31st day of December in the present year shall continue in force till the 31st day of
December 1858, and for fourteen days afterwards.
Contract tickets for V. Every passage broker who shall or may receive money from any person, for or in
passages.
respect of a passage in any emigrant ship, shall give to every such person a contract ticket,
under the hand of such passage broker, and stamped with his seal or trade mark ,-each
ticket to be printed in a plain and legible type, according to the Form in the Schedule D.
hereunto annexed , and to be accompanied with a translation, thereof in the Chinese
>
language, in plain and legible characters.
Passage brokers to VI. Every such passage broker before he shall receive or take any money on account
produce to emigration of any such passage, or for the sale or letting of the whole or any part of the accommodation
certificate
officerhave
they charteredof or in any emigrant ship proceeding from Hongkong, shall produce to the emigration
that
the ship forcarrying officer the certificate of the master or owner of the ship, in respect of which such passage
emigrants.
shall or may have been taken, or the accommodation in which shall have been so sold or
let, to the effect that such ship has been chartered for the purpose of carrying emigrants,
and that he, such passage broker, is authorized to receive payment for such passage, or
for the sale or letting of the accommodation in such ship : and such certificate shall
be filed in the officeof the emigration officer, and the contents thereof entered in a
book to be kept by the emigration officer, for recording therein the contents of such
certificate.
Passage brokers to VII. On every occasion of the delivery to any passenger of such contract ticket as
attend before emigra- aforesaid, the passage broker who shall have engaged to provide such passenger with a
tion officer for the
purpose of delivering passage shall attend with him at the office of the emigration officer, in whose presence
the contract tickets the contract ticket shall be delivered to such passenger, and who shall explain to him the
to passengers.
true intent and meaning of such contract.
Contrac : tickets not
to be altered .
VIII. No person shall fraudulently alter or cause to be altered, after it is once issued,
or shall induce any person to part with, or render useless, or destroy any such contract
ticket, during the continuance of the contract which it is intended to evidence.
Agents not to act IX. No licensed passage broker shall, as agent for any person, whether a licensed
without written au
thority, and to produce broker or not, receive money for or on account of the passage of any passenger on board
their authority on an emigrant ship without having a written authority to act as such agent, or on the
demand. demand of the emigration officer refuse or fail to exhibit his licence and such written
authority ; and no person, whether as principal or agent, shall, by any fraud , or by false
representation as to the size of the ship or otherwise, or by any false pretence whatsoever,
induce any person to engage any passage as aforesaid .
Penalties for offences. X. All violations or disobediences of, or defaults in compliance with , the provisions of
this Ordinance, shall be heard and determined summarily under Ordinance No. 10 of
1814 ; and on conviction of such offences, the respective offenders shall be sentenced to
pay the several penalties, or in default of the payment thereof, to suffer the several terms
of imprisonment respectively herein -after specified.
1. Against section I. 1. For every offence against section one, a fine not exceeding four hundred current
dollars, or imprisonment for a term not exceeding six months.
2. Against section V 2. For every offence against section five, a fine not exceeding fifty current dollars,
or imprisonment for a term not exceeding six weeks.
3. Against section
VI. and IX . For every offence against sections six or nine, a fine not exceeding one hundred
current dollars, or imprisonment for a term not exceeding three months.
4. Against section 4. For every offence committed by a passage broker against section seven , a fine
VII.
not exceeding one hundred current dollars, or imprisonment for a term not
exceeding three months.
5. Against section 5. For every offence against section eight, a fine not exceeding fifty current dollars,
VIII.
or imprisonment for a term not exceeding two months.
XI. For the purposes of this Ordinance, the term “ emigrant ship ” shall mean every
ship carrying morethantwenty passengers being natives of China, and clearing out for
a port or ports not in the Chinese empire; the term “ emigration officer” shall include
every person lawfully acting as emigration officer, emigration agent,or protector of im
migrants in Hongkong ; and the term “ passengers,” shall include all passengers being
natives of China.
JOHN BOWRING.
Passed the Legislative Council of Hongkong,
this 3d day of November, 1857.
J. M. D'ALMADA E CASTRO,
for the Clerk of Councils.
( 73 )
SCHEDULES TO WHICH THE FOREGOING ORDINANCE REFERS .
SCHEDULE A.
Form of Emigration Passage Broker's Annual Bond, with two Sureties to be approved
by the Emigration Officer.
KNOW ALL MEN by these presents, that we A* B of
& c., C D of & c., and E F of & c., are
held and firmly bound unto Her most Gracious Majesty Queen Victoria in the sum of
five thousand current dollars, to be paid to Her said Majesty, Her heirs and successors ;
to which payment well and truly to be made we bind ourselves, and every of us jointly
and severally, our heirs, executors, and administrators, and the heirs , executors , and
>
administrators of each of us, and each and every of them , firmly by these presents ;
sealed with our seals, dated this day of in the year One thousand
eight hundred and
Whereas by the “ Ordinance for licensing and regulating Emigration Passage Brokers,
No. 11 , of 1857,” it is amongst other things enacted : that no person whatever shall
carry on the business of a passage broker in Hongkong, in respect of any emigrant ship,
or shall be in any wise concerned in the sale or letting of passages in any such ship,
unless such person , with two good and sufficient sureties to be approved of by the emi
gration officer, shall bave previously entered into a joint and several bond to Her Ma
jesty, Her heirs and successors, in the sum of five thousand current dollars ; and whereas
the said C. D. and E. F. have been approved of by the emigration officer as sureties for
the said A. B.
Now the condition of this obligation is, that if the above bounden A. B. shall well and
truly observe and comply with all the requirements of the said recited Ordinance, so far
as the same relates to passage brokers; and further, shall well and truly pay all fines,
forfeitures, and penalties,—and also all sums of money, by way of subsistence money, or
of return passage money, and compensation to any passenger, or on his account,-- and
also all costs which the above bounden A. B. may at any time be adjudged to pay,
under or by virtue of any of the provisions of the above-recited Ordinance, or of the
Act of the Imperial Parliament 18th and 19th Victoria , cap. 104, entituled, ““ An Act for
the Regulation of Chinese Passenger Ships : ” then , and in such case , this obligation
to be void ,—otherwise to remain in full force.
Signed, sealed and delivered, by the above bounden A. B. , C. D., and E. E., in the
presence of t
[* Insert personal and family names in full, with the occupation and address of each of the parties.]
( t Insert the names and addresses in full of the witnesses.]
SCHEDULE B.
Forn of Emigration Passage Broker's Licence.
A. B. oft having shown to the satisfaction of me, the under
signed, that he hath given bond toHer Majesty, as bythe “ Ordinance for licensing and
regulating Emigration Passage Brokers, No. 11, of 1857," required : I, the undersigned,
do hereby license and authorize the said A. B. to carry on the business of a passage
broker in Hongkong, in respect of passengers on board emigrant ships proceeding from
Hongkong, until the end of the present year, and fourteen days afterwards, unless this
licence shall be sooner determined by forfeiture for misconduct on the part of the said
A. B., as in the aforesaid Ordinance is provided.
Given under my hand and seal this day of One thousand
eight hundred and
Signature [ L.s.]
Emigration Officer.
[1 The personal and family names in full of the person applying for the licence, with his address and trade or occu
pation, must be correctly inserted .]
SCHEDULE C.
Form of Notice to be given to the Emigration Officer of forfeiture of a Licence.
SIR ,
This is to give you notice, that the licence granted on the day of
18 to A.B. of to act as an emigration passage broker, was on the
day of now last past duly declared by me (or us ), the undersigned justice
( or justices) of the peace in petty sessions assembled , to be forfeited. I
Signatures
Place and date 185
To the Emigration Officer,
Victoria, Hongkong.
[1 The personal and family names in full, with the address and trade or occupation of the party , to be here inserted.]
L Here state severally the reason of forfeiture.]
( 250. ) K
( 74 )
SCHEDULE (D.)
Form of Contract Passage Ticket.
I HEREBY engage that the Chinese named at the foot hereof shall be provided with a
passage to and shall be landed at the port of in > in the ship
or vessel called the “ with not less than 72 cubic feet and 12 superficial
feet for berth accommodation, and shall be victualled according to Schedule (A. ) to the
“ Chinese Passengers Act, 1855 ," annexed . during the voyage, and the term of detention
at any plac- before its determination , for the sum of dollars, and I hereby
acknowledge to have received the sum of dollars in full payment.
Male. Female .
Name of Passenger. Occupation . Native Place.
Age. Age.
Signature
Passage Broker.
Victoria, Hongkong, the day of 185 .