CO882-(2-3) — Page 162

PUBLIC RECORD OFFICE

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C.O.882

Reference :-

2 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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Inclosure 1 in No. 19.

"Salamis," at Amoy, April 18, 1873.

and THE accompanying copies of letters from the Commanders of the "Zebra" "Hornet " are forwarded for the information of the Lords Commissioners of the Admiralty. Their Lordships will perceive therefrom that the Straits of Malacca are by no means clear of pirates, and that British commerce is still seriously interrupted by these robbers.

2. The force at my disposal does not permit of my detaching a third vessel for service Midge" are in the Straits, a step which I consider very desirable. The "Thalia" and "

and "Hornet." at present stationed there having replaced the "Zebra

3. I have approved of the proceedings of Commander the Honourable A. D. S. Denison, and Acting-Commander Joseph Swan, as herein reported.

The Secretary of the Admiralty.

Inclosure 2 in No. 19.

Vice-Admiral.

Extract from Letter from Commander Denison, dated “ Zebra,” at Penang, December 23, 1873.

Par. 3. I INCLOSE herewith a copy of a correspondence that has taken place about an English steamer, the "Fair Malacca " (Chinese owned), that has been fired into by some junks at the River Laroot.

The circumstances seem to be as follows:-The Rajah of Laroot has some very valuable tin mines in his territory, and some Chinese have a very large and valuable plant there, and pay the Rajah large royalties for working them. Another Chinese faction want to get possession of these mines, and there is a perpetual fight going on, the Rajah not being able to interfere from want of force.

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He has written to his Excellency Sir Henry Ord on the subject, but on account of some part he takes in the Salangore affairs, not in deeds, but in not acknowledging the Ruler Her Majesty's Government have put in, his Excellency says he cannot except in so far as not allowing arms, &c. to be sent to his enemies from here. Besides which, it is nearly impossible to know which side the Rajah favours, as he is obliged to be on the side of the strongest at the time. This time, however, the piratical side, or at any rate the side which fired on the English colours, have burnt his town altogether and have established a blockade on the river; neither of the parties are his own people, and in the face of it it seems strange that either the English flag should be allowed to be taken into a place where it can be fired at with impunity from our own inability to make it illegal to take it in, or else that the other side should be allowed to fire on the flag without any notice being taken of it. I thought that there could be no doubt that as neither side claim to be the Rajah's own people, and he being unable to protect the English flag, they could be either treated as pirates, or an order given that no English registered ship should trade there; but as his Excellency informs me that nothing can be done, and the Solicitor- General informs me that they are not pirates, we have the disgraceful fact that vessels carrying the English flag (on both sides very often can be seen firing into one another) or that a Chinese faction can fire on the English flag with perfect impunity.

I have only heard by a telegram to the Lieutenant-Governor from his Excellency that the legal opinion is against this case being a piratical one, and as I consider it a matter of importance, I forward you the documents by the first opportunity, without waiting for the official letter with the opinion of the Solicitor-General.

Inclosure 3 in No. 19.

Petition.

The humble Petition of the Undersigned respectfully showeth :

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That the junks prevented the steamer from going in; said the town named Permatang was taken by Oh-Juo-Sew's (sic) men, and that we had better return to Penang :

That they wanted to return at once, but were prevented, as eleven other piratical junks had blockaded the river. We tried to come out, and asked the five junks to render us assistance, and at 2 A.M. we got up steam, and came out, and while steering alongside of these eleven junks they fired upon the "Fair Malacca," and riddled the hull with thirty-five shots, and shot a Chinese passenger. Further on, about two miles outside, other two junks fired on us about forty counds, and the Rajah's steamer also met the same fate:

That they made their statement to a committee of official gentlemen, and to the Honourable the Lieutenant-Governor also, who could give them no more redress than the statement that he had telegraphed for a war steamer, and could hold no hopes of protec- tion:

That they are British subjects, who went to Laroot for peaceful objects, and have done this for months past unmolested, and they know of no Proclamation of Government forbidding them from going to this port. The British flag has been insulted and fired upon by junks manned by British subjects while your petitioners were going to a friendly port in Treaty with us:

That your petitioners, therefore, claim the protection of the British as subjects, and redress by the laws of nations in friendly alliance:

And as in duty bound your petitioners will ever pray.

Penang, December 17, 1872.

To the Acting Lieutenant-Governor.

(Signed)

R. G. JEREMIAH.

S. WHATE.

Inclosure 4 in No. 19.

Petition respecting attack on

Fair Malacca."

I DO not find it clearly established from this Petition and the documents which you have attached to it, that this vessel was attacked in the open sea, or under circumstances which would justify a charge of piracy against the junks. The vessel appears to me to have gone on a trading voyage at a time when the petitioners had perfect cognizance of the fact that there was war in the river Laroot, and that they might fairly expect to find their presence obnoxious to one or other of the contending parties.

By proceeding, then, under these circumstances, they have therefore deprived them- selves of all claim to protection, and the Lieutenant-Governor will be good enough to write to them to this effect.

I state, for the Acting Governor's own information, that it appears questionable whether the attack on this vessel was not made under circumstances which might justify it being considered piracy.

I think this would depend on the distance at which the vessel was from the shore, and perhaps also on the character of the vessels which attacked her. If these ships are employed by the Rajah of Laroot, or by either of the Chinese parties whose proceedings he has at any time approved, I think it would be difficult to establish any case against them; but if they are not acting in this capacity, but are found cruizing outside the river, it appears to me that any ship of war would feel at once bound to take cognizance of their proceedings.

Should Her Majesty's ship "Zebra" arrive here before my return, I wish the Lieutenant-Governor to lay before Captain Denison the whole of these papers, furnishing him also with the assistance of the Solicitor-General, should he require a legal opinion on any point in question, when Captain Denison will be able to decide whether it is his duty to take any action in the matter.

H. ST. GEORGE ORD, Governor.

Sir,

and

That they are the captain and owner of the steamer "Fair Malacca: " That on the 12th December they arrived at Laroot at half-past 12 o'clock A.M., anchored near the mouth of the river, near the five pirate junks belonging to the Rajah:

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Illegible,

Penang, December 17, 1872.

(Signed)

Inclosure 5 in No. 19.

"Zebra," Penang, January 3, 1873. IN continuation of my letter of 23rd December, 1872, respecting the attack on the British steamer "Fair Malacca," I have the honour to inform you that, in consequence of the receipt of a letter from his Excellency (a copy of which I inclose), I left this port on the afternoon of the 30th ultimo for Latoot River, having telegraphed to Commander