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CORRESPONDENCE RELATIVE TO

I find that before the opinion of the Queen's Advocate was taken on the subject, and conveyed to her Majesty's plenipotentiary by Viscount Palmerston, in Despatch No. 7, of 7th January 1850, our consuls had contested and carried the point at issue, both at Amoy and Foochow. And I was informed by the French minister in China, that the opinions and instructions of the French Government were at variance with those received from his Lordship. The existing state of things is by no means satisfactory, as there is no doubt the interests and property of British merchants might often be invaded and injured through the Chinese servants in their employ; and it is much to be wished, without pushing the power of protection too far, that the bona fide Chinese dependents of foreign merchants should be registered, ns is practised in the Levant, and reached only with the consent of the consular officers.

The Earl of Malmesbury,

SIB,

&c

&c.

&c.

I have, &c. (Signed)

JOHN BOWRING.

Hong Kong, June 26, 1852.

I HAVE received your Despatch No. 59, dated June 16, in reference to the ill-treatment by the Shanghai authorities of certain Chinese in the employ of Mr. Fogg, a citizen of the United States.

I have to state to you, that the question as to whether the circumstance of Chinamen being in the employ of Her Majesty's subjects will remove them (under existing treaties) from the jurisdiction of their own authorities, has been referred to the law officers of the Crown, who have decided in the negative. I had individually been disposed to draw a different conclusion, especially from the phraseology of the 31st Article of the French Treaty (which, however, is not accurately rendered in the French text), but we must of course bow to the authorities at home.

I discussed the question also with Mr. Davis, the late United States' Commissioner, and his opinion was very decidedly, that foreigners could not protect Chinamen from their own tribunala

R. Alcock, Esq.

I have, &c. (Signed) JOHN BOWRING.

P.S. Since writing the above Despatch I have seen Dr. Parker, the United States chargé d'affaires, who tells me that he has on more than one occasion advised the consuls of the United States, that protection from the action of the Chinese authorities over Chinese subjects, such us is claimed in the case of Mr. Fogg by Mr. Cunningham at at Shanghai, is not tenable.

(True Copy.)

MY LORD,

(Signed)

Enclosure 2 in No. 12.

FREDERICK HARVEY.

Superintei ney of Trade, Hong Kong, July 16, 1852.

THE last arrivals from California bring accounts of attempts to interfere with, and even to eject from that country, the Chinese settlers who have lately emigrated thither in such grct numbers. The manifesto, of which I enclose a copy, has been extensively circled in this island, and there can be no doubt it will operate in checking that outflow of Chinese population towarda Western America which has excited so much attention.

We are informed that contracts (the number of coolies to be provided is variously stated as from 8,000 to 15,000 men) for shipment to the Havannah, have been entered into by British merchants at Amoy. The reports brought back to Amoy by the coolies, who, after the murder of the captain and others, escaped from the United States' vessel, the "Robert Browne," will make it less easy than before to ship such supplies of Chinamen.

Should the accounts from Australia be encouraging, it is by no means improbable that a considerable voluntary emigration may take place to those regions. I have heard already of the emigration of several respectable Chinamen who have paid their own passages thither.

The Earl of Malmesbury,

&c. &c.

&c.

I have, &c. (Signed)

JJOHN BOWRING.

world.

EMIGRATION OF CHINESE COOLIES.

25

new

"The mart of California has now been open several years. The products of its soil are most precious; more truly available, indeed, than those of any other port throughout the When first it came into notice, strangers resorted to it, but in limited numbers, and its Chinese visitors counted scarcely one hundred; but during the closing year of our late Monarch's reign, and since the accession of our present Sovereign, our countrymen have flocked together to it like gathering clouds. Until lately the Americans and Chinese have always treated each other with mutual consideration and confidence; but since the arrival here of some thirty vessels from Canton at the beginning of this year with nearly 10,000 souls, including, to our great discredit, several persons of disreputable appearance, not only have we become the scorn and ridicule of Chinese and barbarians generally, but our Corporation has earned to itself shame. The feelings entertained towards us by the barbarians have in consequence undergone a change, and numerous consul- tations and propositions have been the result. A letter has, moreover, been transmitted hither by some barbarian authority resident at Canton, suggesting that the immigration of so large a proportion of hired labourers among the Chinese who come across, is likely to be prejudicial to the laws of the country; and the Governor and people of the settle- ment have accordingly been consulting on the advisableness of establishing regulation, either subjecting us to some sort of poll-tax, so as to check future impor- tations, or ordering us back to Canton, without permission to dig for gold. Much has been said on both sides of the question, but nothing is as yet deciled.

"We have already handed in a representation, protesting against these measures, but although the new law has not made its appearance, yet being apprehensive that future arrivals will be prohibited from landing, and at the same time be without the means of making good their return, and thus be placed in a dilemma from which no amount of deliberation will be effectual to extricate them, all the clans of our countrymen throughout the settlement have come to a public resolution to write to Canton, and acquaint their fellow-townsmen with the actual state of affairs. We have to beg there- fore that word may be sent to every provincial town, telling the parents, brothers, and families of those already here, to cherish no anxiety whatever on their behalf, and warn- ing those who may not have subscribed with names to undertakings with emigrant ships, by no means to attempt the voyage, and those who have so far committed themselves, rather to sacrifice their earnest-money than for a moment to think of entangling themselves in the meshes of this net. Let them seek in preference some other livelihood at home, as more likely to be productive of permanent benefit, remembering the well-known proverb, which says, 'If you want success in life, why need you travel far to seek it?"

"Further, as the regulation proposed has not been yet determined upon, it is impossible for us to divine what further changes may be in prospect; parties wishing to emigrate, therefore, would do well to wait until the said law shall have been made public, when definite information of its purport shall certainly be transmitted without delay.

"Earnestly hoping that this manifesto may be conveyed to all towns and villages throughout the provinces, so as to prevent further mischief, we issue this for general information.

"Issued by the Corporation Hall, on the the reign of Heen Fung.

(April 1852.)

SIR,

day of the 3d month of the 2d year of

"W. H. MEDHURST, Chinese Secretary."

(Signed)

No. 13.

Cory of a LETTER from the Right Hon. Lord STANLEY to HERMAN

MERIVALE Esq.

Foreign Office, October 15, 1852.

No. 13.

I AM directed by the Earl of Malmesbury to transmit to you, for the Consul General information of Secretary Sir John Pakington, the accompanying copy of a Crawford, No. 24, Despatch from Her Majesty's Consul General in Cuba on the subject of the August 7, 1852. introduction into that island of Asiatic agricultural labourers.

Herman Merivale, Esq.,

&c.

&c.

I am, &c.,

(Signed)

STANLEY.

Enel. 2 in No. 12.

Chinese Secretary's Office, July 15, 1852.

THE following translation of a manifesto, purporting to have emanated from the Chinese Hough Kwan, or Corporation Hall, at San Francisco, and at present in very general circulation about this colony, is presented to the notice of Her Majesty's plenipotentiary:

"We have always heard it said of commercial intercourse at most marts, that it is a bigh road to wealth, and from time immemorial such has been the result of commerce between the Chinese and Barbarians.

MY LORD,

Enclosure in No. 13.

Javanna, August 7, 1852.

IN acknowledging the receipt of your Lordship's Despatch No. 6, of the 16th of June last, upon the subject of Asiatic labourers from China, and with reference to a Despatch which Mr. Kennedy, Her Majesty's Commissary Judge, addressed to Viscount Palmerston on the 14th April 1849, respecting certain regulations issued by the Government of the island for the treatment of Asiatics and Indians who had then recently been brought D

Encl. in No. 13.

PUBLIC RECORD OFFICE

Reference:--

• 885

PUBLIC RECORD OFFICE, LONDON

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