PUBLIC RECORD OFFICE
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LTTTICO
882
2 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC. COPYRIGHT PHOTOGRAPH-NOT TO
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Osborn to meet me there in the "Hornet," having a Malay interpreter (an Englishman), a Chinese interpreter, and the second mate of the "Fair Malacca," to identify the junks.
2. I arrived off Laroot River early next morning, the 31st, and found the "Hornet at anchor.
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Bir,
At daylight 1 went on board her, and proceeded up the river with the boats of Her Majesty's ship “Zebra" in tow, until within about 500 yards of a barrier placed by the Chinese to block up the river, and where there were three junks.
As Her Majesty's ship "Hornet" could not proceed any further, I went in the boats to the junks, two of which the Chinaman from the "Fair Malacca" recognized to be of On boarding the junk we those which fired into her, but he could not swear to the third. found them full of men well-armed, and with stink pots at their mast-heads, and boarding- nets ready. In one we found a red English ensign, but no one knew anything about it, and we could find no English papers. They all denied having fired on any English vessel. They all owned they belonged to Hoo-gee-Sew's party, and wanted to know why we did not take U-ha-sam's junks. In the evening, when their excitement had cooled down, a man acknowledged that they had fired at the "Fair Malacca,” but that she had fired on them first. Next morning, the 1st January, I proceeded up the river with the boats to the town-the "Hornet," not having room to swing, had to go back about one and a half miles (the barrier was some five miles from the entrance)-and there found three more armed junks, none of which the man from the "Fair Malacca" could recognize. Commander Osborn and myself, with the interpreters, then went to the Rajah's house, in order to communicate with him and the head men of the two Chinese factions. I found it impossible to speak to the Rajah himself, or to the leader of U-ha-sam's faction, as the Rajah was on the other side of U-ha-sam's men, and they would not trust themselves in the neighbourhood of Hoo-gee-Sew's people. I explained to the acting head man of the Rajah, and to the leader of Hoo-gee-Sew's side there present that I did not come to side with either party; that some junks (whose I did not care) had fired on an English steamer. That if the Rajah had not been a fugitive, but had been keeping order in his own territory, we should have looked to him for redress, which I had no doubt he would have been very happy to have given; but as there was nothing but anarchy in the place, any vessel firing on a recognized flag of whatever nation was a pirate. I merely came as a policeman of All the seas to seize a pirate, and did not, and would not, interfere in their dissensions. might see that it was not from siding with one party or the other that I took the trouble to come among them, as the followers of both might hear me, and there was no fear of my being misinterpreted by the other side, as I took two of Hoo-gee-Sew's junks and left them four, not being able to prove their having committed piracy.'
I then addressed the head man of the Rajah, and told him that we were all very sorry there was such trouble in his dominions; that I did not come from the Governor, but, as I said before, I only came to seize the junks that happened to be in his dominioné, as he could not help us. I believed the Governor had already warued him of what would happen if he would not trust him and let him know his policy; that the Governor never knew which were his friends, and that his prophecy had come true. I did not know the Governor's feelings on the subject; but, as a friend of the Rajah, I would advise him to communicate with the Governor, and, if possible, see him; but it was no use hearing his udvice unless he followed it out. I then repeated to him about my being perfectly impartial in the affair; that I could not help either side, as that would require authority. from the English Government. I only came as a naval officer to seize pirates. The Rajah's man said he was very glad we felt friendly, and that probably the Rajah would consult the Governor. Hoo-gee-Sew's man made no answer, but said he understood.
3. They all seemed in great fear of one another, although nominally friends, and mistrusted one another in every way.
4. After the interview I proceeded down the river and back to this ship, having dis- patched the "Hornet" back to Singapore, and left with the two junks in tow. Meeting with heavy weather on the way back, one of the junks capsized and sank. Luckily, not having considered ber quite sound, I had removed the Chinese, and left only two blue jackets in her, who were both saved.
The other junk I towed to this place, where I arrived last night.
Vice-Admiral Charles F. A. Shadwell, C.B.,
&c.
&c.
&c. Commander-in-chief.
I have, &c.
(Signed)
A. D. S. DENISON, Commander and Senior Officer.
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Inclosure 6 in No. 19.
"Zebra," Penang, December 21, 1872. I AM in receipt of the correspondence relating to the attack on the registered British steamer "Fair Malacca," the whole of which I have given a very careful digest, and now beg to return it to you, with the request that the Solicitor-General may be pleased to give me his opinion on the following questions, viz. :—
1. Whether on the evidence in the inclosed papers the act of the eleven junks firing upon the "Fair Malacca" constitutes a charge of piracy on the high seas.
2. Was the "Fair Malacca" entitled to fly the British colours at that time and place when attacked by these eleven junks.
The Hon. the Lieutenant-Governor,
Penang.
I have, &c.
(Signed) A. D. S. DENISON,
Inclosure 7 in No. 19.
Commander and Senior Officer.
Attack on the English steamer "Fair Malacca."
Solicitor-General's Opinion.
IT is laid down by a leading authority on international law that to constitute piracy, jure gentium, it is necessary:-
1. That the offence being adequate in degree, for instance robbery, destruction by fire, or other injury to persons or property, must be committed on the high seas, and not within the territorial jurisdiction of any State.
2. That the offenders at the time of the commission of the Act should be in fact free from lawful authority, or should have made themselves so by their deeds, in short, they must be in the predicament of outlaws.
Although the persons belonging to the nine junks may come within the last description, yet, as the firing into the "Fair Malacca" took place at the mouth of the Perak River, it cannot be said to have been committed "where all have a common and no nation an exclusive jurisdiction, i.e., upon the high seas.
D. LOGAN, Solicitor-General.
December 22, 1872.
(Signed)
Inclosure 8 in No. 19.
Governor's Memorandum.
WHILST entertaining the highest respect for the legal opinion given by the Solicitor- General on the questions put by Captain Denison, I would ask him to reconsider that which he has expressed on the first of them, on the following grounds:-
It appears by the deposition of the Master of the "Fair Malacca," taken before the Marine Magistrate on the 13th instant, this vessel, presumably engaged on lawful business, whilst attempting to proceed up the Laroot River, was prevented by five armed junks from passing a town called " Balang," where the Rajah resides, as it had been taken that morning by men belonging to one Ho. Ghee; he then returned outside the river, and having cleared the mouth, saw eleven junks about a mile distant guarding it At this time a steamer belonging to the Rajah of Laroot, called the Lu Indra Bayor," steamed out
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of the river, when she was fired upon by these junks. The Captain of the " Fair Malacca' remained some time longer, and when he finally left was compelled to pass through these junks, by whom he was fired on, and hit repeatedly.
Passing over for the moment the question whether the law of civilized nations must be held to apply in its integrity to the acts of people such as the Malays and Chinese, who occupy these countries, I should submit for the consideration of the Solicitor-General whether it is not clear, from the deposition in question, that the lawful authority of the Rajah of Laroot had been forcibly superseded by no recognized Power, and that the eleven junks which, at a mile distant from the mouth of the river, fired at the "Fair Malacca," did
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