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PUBLIC RECORD OFFICE

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C.O. 882

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PUBLIC RECORD OFFICE, LONDON

150

Inclosure in No. 45.

Memorandum respecting the Perak Resident's Report.

FROM a perusal of this Report it must be concluded that the Resident is under a misapprehension as to the relations which should exist between the protecting and protected Powers. This is a grave matter, but it further appears that be publicly uses an influence which should only be felt through the conduct of the native Ruler.

Without criticising the Resident's policy too severely, as he pursues it in an undoubtedly conscientious spirit, it will only be necessary to quote a few clauses to show the mistaken course of action pursued by him.

"Clause 24. I therefore deemed it an important point to make the establishment of any lodge of this kind penal, and in this view I have been entirely supported by the Chinese Headmen in the country who, although themselves probably compulsorily belonging to lodges in Penang, yet one and all concur in saying that they are but productive of evil and never of good."

The Resident should have induced the Mantri to issue a Proclamation pronouncing their Societies illegal, and then have seen the Proclamation enforced through the Mantri's police. In this way he could have carried out his policy without publicly appearing in the light of an arbitrary Ruler.

"Clause 89. Beeing, however, the disadvantage which would ensue of using foreign coin in a State under British protection, immediately on taking office as Acting Resident of Perak in January 1874 I commenced to circulate the copper coin used in the Straits Settlements, and gave orders that no other kind should be received into the Larut Treasury."

In causing the old coin to be refused at the Treasury the Resident inflicted a grievous wrong on the people and committed an act opposed to the laws of political economy, he should have issued nothing but Straits Settlement coin failing à native mint, and have melted up the old coin as it accumulated in the Treasury under a system of gradual withdrawal from circulation and re-coinage as Perak coin.

Such high-handed measures might be expected from an ignorant and despotic Oriental Ruler, but no English offler should identify himself with measures opposed to Bound judgment and a due regard for the interests of the people governed.

Clause 94. I established a court for the trial of criminals and settlement of disputes, in the adjudication of which I endeavour as nearly as possible to follow always the Indian Penal Code."

The formation of some sort of Court, is necessary, through which criminal and civil law may be administered, having due regard to the constitutional law of the country. The court, however, should be established by the Mantri's Proclamation. The chief officer should be a native, with a European officer, inferior in rank to the Resident, to sit with him as assessor, with an appeal to the native Ruler in cases when both parties to the suit are native or non-British subjects, and to the native Ruler and Resident conjointly where either of the parties is a British subject,

In the event of the settlement of French or German or other subjects in Perak, and the establishment of Consuls, the position of the Resident in the local court as chief judge would cause him serious inconvenience and be injurious to his influence, a result which will surely follow sooner or later if he so publicly assumes the right of governing.

Clause 98. The latter part of this clause places the Resident in a morally and and politically wrong position. He should have suggested a Proclamation forbidding the practice to be circulated and enforced by the native police.

"Clause 137. Deeming it important that there should be a proper road connecting Larut with Perak in order to facilitate the means of commerce of the interior of that country, I have commenced a road leading from Bukit Gantang to Qualla Kangs, a distance of twenty-seven miles in an easterly direction, passing through the Brassit Pass "

The first movement in this road-making should have been a Proclamation issued by the native Ruler. This course would have cleared the Resident from all responsibility as to those arbitrary measures which are sure to be resorted to in making the road, such as compulsory labour and cheating the labourers of their hire, and the appropriation of land necessary for the roadway.

So much for the Report, and now as to the Proclamation

This document is altogether unwise. The 4th paragraph should be expunged; it is neither conducive to the dignity of the native Ruler nor the proper influence of the Resident,

151

Paragraph 3 is highly improper; promises of royal favour will hereafter lead to petty and annoying claims against the State. It would be quite sufficient to state the openings for trade.

Paragraph 6 is very objectionable. The native ruler alone should be referred to. Of course, he being so completely in the power of the Resident would, of necessity, be compelled to consult that officer whenever action relating to State affairs was required. In this way intrigue would be kept in check and the influence of the Resident could not be brought to bear offensively on the native ruler by native factions. Above all, the guiding hand would only be felt, not seen.

It is very improper for native subjects to go backwards and forwards between the ruler and British officer; complications and unpleasantness must arise out of such a system.

The Mantri should appear to do everything. He would in this way not feel his dependent position so much, while the Resident would not be held accountable for all the irregularities of the native administration.

When the native State shall have prospered, and the self-importance of the ruler shall have increased, the public, under a less prominent policy of the Resident, will not be witness to any disagreements between that officer and the native ruler. So that a most powerful stimulant to the rebellion of the native ruler against the authority of the Resident will be absent.

Under the present régime, the Mantri, in place of being judiciously trained to the wise exercise of his authority, is taught to regard himself as a puppet, equally destitute power and responsibility, and unconcerned in that material progress of his people, of which he should be the promoter.

of

June 28, 1875.

No. 46.

Governor Sir W. F. Jervois, K.C.M.G., C.B., to the Earl of Carnarvon.—(Received July 5.)

My Lord,

Government House, Singapore, May 28, 1875. WITH reference to your Lordship's despatch of the 8th ultimo,* concerning the appointment of certain gentlemen to act as Residents on the part of the Government of the Straits' Settlements at the Courts of certain native Princes in the Malay Peninsula, and to other appointments consequent thereon, as stated in margin,t I have the honour to inform your Lordship, that with the exception of Captain Tatham, who has been invalided ou account of ill-health, and Mr. Woods, who died on the 16th of March, I have duly communicated your Lordship's decision to the several gentlemen concerned.

2. I have, however, experienced so much difficulty in acting upon your Lordship's decision in the case of Mr. Davidson, that I have requested that gentleman to continue for the present to act as Resident in Salangore.

3. With my necessarily present limited knowledge of the attainments and characters of gentlemen in these Settlements, I do not know where to look for a substitute for Mr. Davidson. That gentleman, I am informed, possesses a thorough knowledge of colloquial Malay, and of the native character, both Malay and Chinese. He has had long experience as an advocate in Singapore, where he has been much sought after by Malays and Chinese, both in civil and criminal cases. Great confidence is placed in him by the people of both these races here; and I have every reason to believe that that confidence is shared by the entire European community. His quiet bearing, and his reputation as a lawyer formerly commended him as an adviser to many of the native Princes; and I fear that his sudden removal from his post as Resident at Salangore, would have a very bad effect in the Malay States.

4. I am daily becoming better acquainted with questions relating to the Malay Peninsula; and I hope, ere long, to be able to afford your Lordship full information upon the present state of affairs therein.

5. I must, however, now state, that so far as I have been able, as yet, to become acquainted with the subject, it appears that the States are by no means in that quiescent condition which should lead to the conclusion that it is undesirable for the Government

Mr. J. W. Birch, Resident at Perak: Captain Speedy, Assistant Resident at Perak; Mr. Davidson, Hesident at Salangore; Mr. Swettenham, Assistant Resident at Salangore; Captain Tatham, Hesident at Sungie Ujong; Mr. Braddell, Colonial Secretary and Secretary for Native Affairs; Mr. Phillipe, Attorney-General; Mr. R. C. Woods, Acting Senior Puisné Judge.

+ No. 28,

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