225
Cour
CHINESE LABOURERS.
Encl. 1 in No. 3.
248
PAPERS RELATIVE TO EMIGRATION OF
arrangements for the conveyance of a certain number of Chinese, if your Lordship would agree to recommend that an adequate bounty should be granted for the introduction of them on the following conditions, namely, if arriving without any special contract, or if under contract, with an option to the labourer of annulling the same at any time within three months after his arrival, and the labourer should avail himself of that option.
By the extracts attached to my letter of the 24th ultimo, it will be seen that the Chinese labourers who visit British settlements in quest of employment come in the months of January and February, I trust your Lordship will, therefore, permit me to remind you of the importance of an early decision on this subject.
NEILL MALCOLM, Chairman of the Acting Committee.
I have, &c.,
(Signed)
The Right Hon. Lord Stanley,
&c. &c.
&c.
Enclosure 1 in No. 3.
DRAFT OF ORDER IN COUNCIL.
WHEREAS by an order of Her Majesty, made, by and with the advice of Her Privy Council, on the seventh day of September, one thousand eight hundred and thirty-eight, for regulating, within the colonies of British Guiana, Trinidad, St. Lucia, and Mauritius, respectively, the relative rights and duties of masters and servants, it is, amongst other things, ordered, "that no contract of service shall be of any force or effect, within any of the colonies aforesaid, unless the same shall be made within the limits and upon the land of the colony in which the same is to be performed; and it is thereby further ordered, that no written contract of service shall be in force, within any of the said colonies, unless it shall be signed with the name, or, in case of illiterate persons, with the mark of each of the contracting parties, in the presence of a stipendiary magistrate, nor unless such stipendiary magistrate shall subscribe the written contract, in attestation of the fact that it was entered into by the parties voluntarily, and with a clear understanding of its meaning and effect:" "And it is thereby further ordered, that no such written contract for service shall be valid for more than one year from its date."
And whereas it is desirable, that the said recited provisions of the said Order in Council should be modified in manner hereinafter mentioned, in reference to the case of Chinese labourers, emigrating to the colonies aforesaid, as being competent to protect their own interests in any contracts entered into beyond the precincts of such colonies for services to be performed therein:
It is, therefore, ordered by the Queen's Most Excellent Majesty, by and with the advice of Her Privy Council, that in respect of Chinese labourers emigrating from the settlements of Prince of Wales's Island, Singapore, and Hong Kong, to the colonies aforesaid, or any of them, the above recited provisions of the said Order in Council, of the seventh September, one thousand eight hundred and thirty-eight, shall be, and the same are hereby, revoked; provided, nevertheless, and it is hereby further ordered, that no contract of service, within the said colonies, or either of them, if entered into with any Chinese emigrant from any of the places hereinbefore mentioned, beyond the limits and off the land of the colony within which such labour is to be performed, shall be valid for more than five years from the date of the arrival of the emigrant, or be of any force or effect therein, unless the same shall be in writing, and shall be signed with the name, or, in case of illiterate persons, with the mark of each of the contracting parties, in the presence of some officer or person in Her Majesty's service, previously designated for that purpose by one of Her Majesty's Principal Secretaries of State; nor unless such officer or person as aforesaid shall subscribe such written contract, in attestation of the fact that it was entered into by the parties voluntary, and with a clear understanding of its meaning and effect; and it is hereby ordered, that any contract, entered into in the manner hereinbefore described, shall be received in evidence in any colony without further proof, provided that such contracts shall be certified in such manner as Her Majesty shall, from time to time, direct; provided always, that save as hereinbefore excepted, nothing herein contained shall be construed to revoke the said recited Order, or any part thereof, so far as respects the case of Chinese labourers emigrating from the places hereinbefore mentioned to the colonies aforesaid, or to any of them; and that the provisions of the same shall be applicable to any contracts of service, so to be made as aforesaid, with such persons beyond the limits and off the land of such colonies, in the same manner as if the same had been made within the limits and on the land thereof:
CHINESE LABOURERS TO THE WEST INDIES.
Enclosure 2 in No. 3.
DRAFT of Agreement for Three Years.
249
'CHINESE LABOURERS.
I, Ching Ho, a free native of China, at Singapore, in search of employment, do hereby engage with [name of ship] to proceed in the British ship acting for British Guiana; and there serve for three years, upon any estate they may appoint, as an agricultural labourer or manufacturer of sugar, on the terms following, viz.: That I shall receive from the time of commencing work five dollars per month, with a daily allowance of two pounds of rice and a quarter of a pound of salt fish, and also be provided with lodging and medical advice; it being understood that I shall be allowed three hours out of the twelve working hours per day during the six working days of the week for my meals. And it is further agreed that it shall be in my option to annul this contract at any time within three months after my arrival in British Guiana, by making a declaration to that effect before a magistrate.
Enclosure 3 in No. 3.
DRAFT of Agreement for Five Years.
I, Ching Ho, a free native of China, at Singapore, in search of employment, do hereby engage with [name of ship] to proceed in the British ship acting for British Guiana; and there to serve for five years, upon any estate they may appoint, as an agricultural labourer or manufacturer of sugar, on the terms following, viz.: That I shall receive from the time of commencing work five dollars per month, with a daily allowance of two pounds of rice and a quarter of a pound of salt fish, and also be provided with lodging and medical advice; it being understood that I shall be allowed three hours out of the twelve working hours during the six working days of the week for my meals. And after having duly performed the said five years' service I shall be entitled to claim a free passage back to Singapore. And it is further agreed that it shall be in my option to annul this contract at any time within three months after my arrival in British Guiana.
REMUNERATION UNDER THIS CONTRACT.
Wages per month Dols. 5 Cents. 0 60 lbs. of rice) 2 30 8 lbs. of fish 7 30 Passage 60 dollars, equal to 1 0 Return ditto 1 0 Monthly wages 9 30Besides lodging and medical advice.
Sir,
No. 4.
COPY of a LETTER from G. W. HOPE, Esq., to NEILL MALCOLM, Esq.
Downing-street, September 4, 1843.
I AM directed by Lord Stanley to inform you that he has given his fullest consideration to your letter of the 9th ultimo, relative to the introduction of Chinese labourers into the West India Colonies: as also to the previous letter on the same subject from Mr. Grant, of the 24th July, and to the statements made at the different interviews which have taken place between himself and various gentlemen connected with the West Indies, or contained in written communications which have been addressed to him lately, relative to the introduction of labourers generally into the West Indian Colonies.
The result of this consideration has not been to alter the view which his Lordship expressed verbally on the 27th July last, to the deputation of the West Indian body, namely, that in his opinion the effect of any immigration into those colonies which it is possible (having reference to the expense attending it) to carry into operation, has been greatly overrated by parties interested in the cultivation of sugar, especially if looked at with a view to the numerical increase in the labouring population.
Lord Stanley is at the same time ready to admit that, independently of any direct result of an actual addition to the numbers of the population, an important moral effect may be produced by the conviction which will be forced upon the existing class of labourers, that the proprietors are not exclusively dependent upon the home supply of labour; and by the examples which may be afforded them by their rivals for employment of continuous and industrious application; and, from
2 L
Encl. 3 in No. 3.
No. 4.
225
Cour
CHINESE LABOURERS.
Encl. 1 in No. 3.
248
PAPERS RELATIVE TO EMIGRATION OF
arrangements for the conveyance of a certain number of Chinese, if your Lordship would agree to recommend that an adequate bounty should be granted for the intro- duction of them on the following conditions, namely, if arriving without any special contract, or if under contract, with an option to the labourer of annulling the same at any time within three months after his arrival, and the labourer should avail himself of that option.
By the extracts attached to my letter of the 24th ultimo, it will be seen that the Chinese labourers who visit British settlements in quest of employment come in the months of January and February, I trust your Lordship will, therefore, permit me to remind you of the importance of an early decision on this subject.
NEILL MALCOLM, Chairman of the Acting Committee.
I have, &c.,
(Signed)
The Right Hon. Lord Stanley,
&c. &c.
&c.
Enclosure 1 in No. 3.
DRAFT OF ORDER IN COUNCIL.
WHEREAS by an order of Her Majesty, made, by and with the advice of Her Privy Council, on the seventh day of September, one thousand eight hundred and thirty-eight, for regulating, within the colonies of British Guiana, Trinidad, St. Lucia, and Mauritius, re- spectively, the relative rights and duties of masters and servants, it is, amongst other things, ordered, "that no contract of service shall be of any force or effect, within any of the colonies aforesaid, unless the same shall be made within the limits and upon the land of the colony in which the same is to be performed; and it is thereby further ordered, that no written contract of service shall be in force, within any of the said colonies, unless it shall be signed with the name, or, in case of illiterate persons, with the mark of each of the contracting parties, in the presence of a stipendiary magistrate, nor unless such stipendiary magistrate shall subscribe the written contract, in attestation of the fact that it was entered into by the parties voluntarily, and with a clear understanding of its meaning and effect:" "And it is thereby further ordered, that no such written contract for service shall be valid for more than one year from its date."
And whereas it is desirable, that the said recited provisions of the said Order in Council should be modified in manner hereinafter mentioned, in reference to the case of Chinese labourers, emigrating to the colonies aforesaid, as being competent to protect their own interests in any contracts entered into beyond the precincts of such colonies for services to be performed therein:
It is, therefore, ordered by the Queen's Most Excellent Majesty, by and with the advice of Her Privy Council, that in respect of Chinese labourers emigrating from the settlements of Prince of Wales's Island, Sincapore, and Hong Kong, to the colonies aforesaid, or any of them, the above recited provisions of the said Order in Council, of the seventh September, one thousand eight hundred and thirty-eight, shall be, and the same are hereby, revoked; provided, nevertheless, and it is hereby further ordered, that no contract of service, within the said colonics, or either of them, if entered into with any Chinese emigrant from any of the places hereinbefore mentioned, beyond the limits and off the land of the colony within which such labour is to be performed, shall be valid for more than five years from the date of the arrival of the emigrant, or be of any force or effect therein, unless the same shall be in writing, and shall be signed with the name, or, in case of illiterate persons, with the mark of each of the contracting parties, in the presence of some officer or person in Her Majesty's service, previously designated for that purpose by one of Her Majesty's Principal Secretaries of State; nor unless such officer or person as aforesaid shall subscribe such written contract, in attestation of the fact that it was entered into by the parties voluntary, and with a clear understanding of its meaning and effect; and it is hereby ordered, that any contract, entered into in the manner hereinbefore described, shall be received in evidence in any colony without further proof, provided that such contracts shall be certified in such manner as Her Majesty shall, from time to time, direct; provided always, that save as hereinbefore excepted, nothing herein contained shall be construed to revoke the said recited Order, or any part thereof, so far as respects the case of Chinese labourers emigrating from the places hereinbefore men- tioned to the colonies aforesaid, or to any of them; and that the provisions of the same shall be applicable to any contracts of service, so to be made as aforesaid, with such persons beyond the limits and off the land of such colonies, in the same manner as if the same had been made within the limits and on the land thereof:
CHINESE LABOURERS TO THE WEST INDIES.
Enclosure 2 in No. 3.
DRAFT of Agreement for Three Years.
}
249
'CHINESE LABOURERS.
. to
I, Ching Ho, a free native of China, at Sincapore, in search of employment, do hereby Enel, 2 in No. 3. engage with proceed in the British ship
acting for Guiana; and there serve for three years, upon any estate they may appoint, as an agricultural in which I am to have a free passage to British labourer or manufacturer of sugar, on the terms following, viz.: That I shall receive from the time of commencing work five dollars per month, with a daily allowance of two pounds of rice and a quarter of a pound of salt fish, and also be provided with lodging and medical advice; it being understood that I shall be allowed three hours out of the twelve working hours per day during the six working days of the week for my meals. And it is further agreed that it shall be in my option to annul this contract at any time within three months after my arrival in British Guiana, by making a declaration to that effect before a magistrate.
Enclosure 3 in No. 3.
DRAFT of Agreement for Five Years.
*
, to
I, Ching Ho, a free native of China, at Sincapore, in search of employment, do hereby engage with proceed in the British ship
acting for British Guiana; and there to serve for five years, upon any estate they may appoint, as an , in which I am to have a free passage to agricultural labourer or manufacturer of sugar, on the terms following, viz.: That I shall receive from the time of commencing work five dollars per month, with a daily allowance of two pounds of rice and a quarter of a pound of salt fish, and also be provided with lodging and medical advice; it being understood that I shall be allowed three hours out of the twelve working hours during the six working days of the week for my meals. And after having duly performed the said five years' service I shall be entitled to claim a free passage back to Sincapore. And it is further agreed that it shall be in my option to annul this contract at any time within three months after my arrival in British Guiana.
REMUNERATION UNDER THIS CONTRACT.
Wages per month
Dols. Cents.
5
0
60 lbs. of rice)
8 lbs. of fish f
•
2 30
7 30
Passage 60 dollars, equal to
1 0
Return ditto
1 0
Monthly wages
9 30
Besides lodging and medical advice.
Sir,
No. 4.
COPY of a LETTER from G. W. HOPE, Esq., to NEILL MALCOLM, Esq.
Downing-street, September 4, 1843.
I AM directed by Lord Stanley to inform you that he has given his fullest consideration to your letter of the 9th ultimo, relative to the introduction of Chinese labourers into the West India Colonies: as also to the previous letter on the same subject from Mr. Grant. of the 24th July, and to the statements made at the different interviews which have taken place between himself and various gentlemen connected with the West Indies, or contained in written communica- tions which have been addressed to him lately, relative to the introduction of labourers generally into the West Indian Colonies.
The result of this consideration has not been to alter the view which his Lordship expressed verbally on the 27th July last, to the deputation of the West Indian body, namely, that in his opinion the effect of any immigration into those colonies which it is possible (having reference to the expense attending it) to carry into operation, has been greatly overrated by parties interested in the cultivation of sugar, especially if looked at with a view to the numerical increase in the labouring population.
Lord Stanley is at the same time ready to admit that, independently of any direct result of an actual addition to the numbers of the population, an important moral effect may be produced by the conviction which will be forced upon the existing class of labourers, that the proprietors are not exclusively dependent upon the home supply of labour; and by the examples which may be afforded them by their rivals for employment of continuous and industrious application; and, from
2 L
Enel. 3 in No. 3.
No. 4.
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