PUBLIC RECORD OFFICE
Reference :-
C.O.882
2 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
34
not do so without a shadow of legal right or authority? and, if this be so, does not this constitute piracy, or, at all events, furnish sufficient grounds for the intervention of a man- of war to remove them from their position, and bring them into some port or place where they may be afforded an opportunity to establish their claim to having acted legally?
It is clearly impossible that civilized nations can tolerate the firing upon their vessels in the waters outside the possessions of these native Chiefs by armed junks not claiming to exercise any authority (so far as is known) from the ruler of the country, or any one claiming that title, and this case appears to me to be one justly calling for the interference of a ship-of-war.
I submit these observations for the consideration of the Solicitor-General, and request he will favour me with his opinion upon them at his earliest convenience,
Penang, December 28, 1872.
(Signed) H. ST. GEORGE ORD, Governor.
Solicitor-General's Opinion.
1. I am humbly of opinion that the authority of the Rajah of Laroot had been forcibly superseded at the time the eleven junks attacked the British steamer "Fair Malacca" in the Laroot River, and that these junks had not at the time any lawful, authority or right to commit the attack.
2. That consequently it becomes the duty of Government to send a man-of-war to enquire into the matter, and, in failure of a satisfactory explanation, to bring these junks to the nearest British port, in order that their character may be judicially inquired into.
I am not disposed, without more reliable evidence, to decide that these junks were piratical, as such a conclusion, if correct, might justify any man-of-war in dealing with them in the most summary manner on the spot.
D. LOGAN, Solicitor-General.
Sir,
(Signed)
Inclosure 9 in No. 19.
Penang Hill, December 25, 1872. HAVING perused the opinion given by the Solicitor-General in the case of the "Fair Malacet on the 22nd instant, 1 thought it right to point out to him certain features in the case to which his attention did not appear to have been directed, and which I thought might lead him, on consideration, to modify somewhat the opinion he had expressed.
As you will perceive from the correspondence, Mr. Logan is now of opinion that the authority of the Rajah of Laroot having been forcibly superseded at the time the eleven junks attacked the "Fair Malacca," it becomes the duty of Government to ascertain whether they acted by any, or what, lawful authority, and, in failure of a satisfactory explanation, to cause them to be brought to this port, in order that their character may be enquired into.
Under these circumstances I trust you will not consider it inconsistent with your duty to proceed with Her Majesty's ship under your command to the coast of Laroot for the purpose set forth above."
I shall be happy to furnish you with any interpreters that you may require, and, if possible, with some person from the "Fair Malacca" who can identify the junks.
I have, &c.
The Hon. A. D. S. Denison, Senior Naval Officer.
(Signed)
H. ST. GEORGE ORD, Governor.
35
10 A.M. I left the ship in charge of the boats manned and armed, and boarded a junk inside the boom, and searched her, when the following articles were found, the whole of which were identified by the marks on them as property which belonged to the missing junk:
4 empty rice bags,
2 full bags of rice,
27 bayonets,
2 boxes,
besides a number of muskets, which, no doubt, can be recognized at this port.
I returned to the ship with the junk in tow at noon.
肇
•
·
At 6 A.. on the 8th March I again left the ship in charge of the boats, and pro- ceeded
up the river as far as the Chinese stockade, where we found a small junk, which was searched, and no evidence found against her. I embarked two of the head Chinamen in the boats, and proceeded higher up. About a mile from the stockade we found one large and one small junk, both of which we searched, but failed to find evidence against them. The large junk had the appearance of having been recently lightened, and strange to say that although there was one gun on board, no other munitions of war were to be found, no doubt having been removed on learning that we had arrested the other junk the day before. I then returned to the ship, after having made enquiries as to whether any British subjects were confined there. I was informed that none but Chinese were detained, and that a boat had left about four days before with all the natives of Penang and other British ports ou board.
At 8 A.M. on the 9th March, having no further cause for delay, I left Laroot with the junk in tow and proceeded for Penang, where I arrived at 5.30 P.M. the same day, and handed the junk and her crew over to the police authorities.
Inclosure 11 in No. 19.
Solicitor-General's Opinion.
ALTHOUGH I am not inclined to place much reliance upon the evidence of Yeoh Givan Say and Khoo Ah Bee, yet, as they have made out a prima facie case, Captain Swan would be justified in proceeding to the Laroot River to make enquiries into the alleged piracy, and to bring the piratical junk, or junks, should be, from the above and such other evidence as may be forthcoming on the spot, be satisfied of the commission of the offence, and of the identity of the piratical junks.
D. LOGAN, Solicitor-General.
(Signed)
Inclosure 12 in No. 19.
Fort, March 6, 1873.
I HAVE desired Solicitor-General to see you and give you a written opinion. I consider that if you find junks which from the evidence at your disposal, you yourself consider were the destroyers of the missing vessel, you are quite justified in bringing them to Penang. It is said that a number of Penang natives are kept in a state of slavery by the Chinese in Laroot. You may ascertain in the Laroot river if this is the case.
(Signed) G. W. R. CAMPBELL.
To Captain Swan,
Her Majesty's ship "Hornet."
J. HARDING..
!
Inclosure 10 in No. 19.
Extract from a Letter from Acting Commander Swan to Commander Denison, dated "Zebra," Penang, March 11, 1873.
ON the 6th March, having received the Solicitor-General's opinion, also a telegram from the Lieutenant-Governor, and having received on board the two Chinese whose depositions had been taken, also a man to identify property, I left Penang at 4.50 P.M. for Laroot, off which I arrived at daylight on the 7th, and at 8.45 A.M. entered the river. At
Gentlemen,
No. 20.
Colonial Office to Messrs. Lambert, Burgin, and Petch.
1
Downing Street, July 5, 1873.
I AM directed by the Earl of Kimberly to acquaint you in reply to your letter of the 25th ultimo, that as Her Majesty's Government does not interfere in the Government of Salangore, British subjects who engage in any undertaking in the Salangore territory must
• No. 18.