227
Manod
CHINESE LABOURERS.
252
PAPERS RELATIVE TO EMIGRATION OF
a proportion of it, varying, as regards that rate, inversely in the ratio which the time the labourer remains in his service, bears to the whole period of two years and a half.*
It will be observed that Lord Stanley, although he contemplates the probability of parties being obliged to stipulate with labourers to provide them a back passage, makes no provision in the event of their abandoning their contracts for substituting any obligation on the colony to undertake that charge in their stead. Lord Stanley does this advisedly, considering it is right that an inducement should be held out to labourers to adhere to the contracts which they have entered into in having the certainty of all the necessary arrangements made for them by the parties by whom they are introduced, while at the same time should they consider it more advantageous to their own interests to abandon that claim, it may fairly be presumed that they do so on a calculation that the advantages which they obtain are sufficient to compensate them for that abandonment.
Having thus stated the general nature of the provision which Lord Stanley proposes should be made as regards the introduction of Chinese labourers into the West India Colonies, I proceed to the particular steps necessary for carrying the plan into operation.
First. As to the mode of fixing the rate of bounty to be allowed in each colony, whether Legislative or Crown. This Lord Stanley proposes to leave to the decision of the Land and Emigration Commissioners, after communication with parties interested in the question. But whatever be the amount decided upon, he is of opinion that that amount should be fixed as a maximum, and that parties claiming bounty, or the proportions of bounty above specified, should show that such amount at least had been expended, and should not be entitled to make any pecuniary profit from the introduction of those labourers.
Second. As to the persons who should be permitted to take advantage of the bounty. In the first instance, at all events, Lord Stanley proposes to limit the permission to do so to persons who shall have made special application to the Secretary of State to that effect.
Third. As to the persons before whom contracts are to be made, and the requisites to their validity and proof, the class of vessels to be required, and the arrangements for the voyage. Lord Stanley proposes to leave this to be determined by the Land and Emigration Commissioners, who will be instructed to take the regulations of the Passengers Act as their guide, so far as the same may be applicable.
Fourth. As to the provisions to be made for carrying out the scheme in the West Indian Colonies themselves.
In these a different mode of proceeding, as before observed, is required, according as the colony in question in each case is a Crown or a Chartered colony; and again, if chartered, according to the actual state of legislation existing there. Jamaica, however, being the only Chartered colony in which any extensive provision has been made for immigration, Lord Stanley considers it sufficient, on the present occasion, to advert to it alone of that class of colonies.
The points upon which provision must be made in the colonies, it will have been observed, according to the statement of Lord Stanley's general views, are two only.
The one, the ensuring to the labourer, after his arrival, the benefit of any contract made by him with the person who brings him, with the power, at the same time, on his part, at any moment, or at least at stated intervals, of rescinding it.
The other, the ensuring to the person who brings the labourer a compensation in the form of a full bounty, if the labourer repudiates his contract immediately on arrival, or of a proportionate bounty if he does so at any time within two years and a half after his arrival.
As regards the Crown colonies, legislation upon both points will probably be required; certainly upon one, namely, the validity of contracts. According to the usual course, undoubtedly this latter alteration may be made by Her Majesty in Council, but a power to the same effect having been delegated to the local Legislatures by the Order in Council of the 10th June, 1843, and the arrangement being incomplete without the pecuniary provisions, (which must be of a nature which it has not been usual to make from this country,) Lord Stanley directs me to state that, as regards these (the Crown) colonies, he cannot undertake to give effect to the
*Thus, if he remains 6 months, 4-5ths of bounty.
12 ditto 3-5ths ditto.
18 ditto 2-5ths ditto.
24 ditto 1-5th ditto.
1
253
CHINESE LABOURERS TO THE WEST INDIES.
scheme further than by issuing instructions to the Governors to propose the measures necessary for that purpose to their respective Legislatures.
As regards Jamaica the case is different. By the late Act, 6th Vict. ch. 51, Her Majesty's Government have the power of applying the funds of the colony to provide for emigration from Asia as well as from Africa without previously resorting to the Legislature, and it appears at least questionable, whether even under the law as it at present stands, contracts of service may not be enforced although made out of the colony.
It may probably be desirable that doubts on this latter subject should be removed by future legislation; but in the mean time, Lord Stanley conceives, that all immediate difficulty will be removed by requiring of all persons, who may propose to take advantage of the scheme, that they should enter into an undertaking in a legal form to give effect to that part of it which will require that contracts made by them with Chinese labourers shall be dissoluble by the Chinese at any time after their arrival in Jamaica at their option, but until such option is exercised, shall continue binding on the persons bringing them.
Having thus explained, both Lord Stanley's general views in a mode which I trust may have made them intelligible, and, as far as appears necessary in the first instance, the particular arrangements which he considers it will be requisite to adopt for carrying his views into effect, it only remains for me to point out to you, that any further proceedings on his Lordship's part must of course await communications in reply to this from yourself, or any other parties desirous of trying the experiment of introducing Chinese labourers into the West Indies, and that, as Lord Stanley understands the West India Body in London to be represented on this occasion by you, he considers this letter as being addressed to them generally.
Neill Malcolm, Esq.
&c. &c.
No. 5.
I am, &c.
(Signed)
G. W. HOPE.
COPY of a LETTER from THOMSON HANKEY, Jun. Esq. to Lord STANLEY.
West India Committee Rooms, 12, Old Jewry, September 13, 1843.
My Lord,
I HAVE the honour to acknowledge the receipt of the letter, which Mr. Hope, by direction of your Lordship, addressed on the 4th instant to Mr. Neill Malcolm as the Chairman of this Committee.
Although there has not yet been an opportunity of laying your Lordship's communication before the West India Body, it has been considered desirable to ascertain without delay the opinion of such of the parties concerned as could be immediately consulted with reference to that part of it which relates to the introduction of Chinese labourers into the West India Colonies from the British Settlements in the Eastern Seas. And I beg leave, on their behalf, to offer the following observations upon the scheme as explained by Mr. Hope. I can, at the same time, assure your Lordship, that it would be contrary to the intention and wish of the West India Body, if any observations addressed by them implied their doubt of the sincerity and unceasing attention which your Lordship has directed to the subject of emigration.
1. As to the mode of fixing the rate of bounty.--The proposal to fix a maximum rate, and to require parties claiming it to show that such amount at least had been expended, appears to be objectionable, as involving them in all the questions and delay which generally attend the settlement of accounts with public functionaries who must act rigidly according to specified rules. And it would be particularly troublesome to proprietors who might employ their own ships in this service, or in the event of the labourers deferring for a considerable time to avail themselves of the option to rescind their contracts. Disclaiming all view to profit on the transaction, it seems, therefore, desirable to fix absolutely, after due inquiry, such a rate as shall be deemed sufficient to cover every expense. Considerable risk as well as trouble may be encountered by the parties introducing them before it can be claimed. At first the number will be inconsiderable, and the charges probably greater than after a regular intercourse shall be established; when the rate of bounty may, of course, be revised and altered.
CHINESE LABOURERS.
No. 5.
!
227
Manod
CHINESE LABOURERS.
252
PAPERS RELATIVE TO EMIGRATION OF
a proportion of it, varying, as regards that rate, inversely in the ratio which the time the labourer remains in his service, bears to the whole period of two years and a half.*
It will be observed that Lord Stanley, although he contemplates the probability of parties being obliged to stipulate with labourers to provide them a back passage, makes no provision in the event of their abandoning their contracts for substituting any obligation on the colony to undertake that charge in their stead. Lord Stanley does this advisedly, considering it is right that an inducement should be held out to labourers to adhere to the contracts which they have entered into in having the certainty of all the necessary arrangements made for them by the parties by whom they are introduced, while at the same time should they consider it more advantage- ous to their own interests to abandon that claim, it may fairly be presumed that they do so on a calculation that the advantages which they obtain are sufficient to compensate them for that abandonment,
Having thus stated the general nature of the provision which Lord Stanley pur- poses should be made as regards the introduction of Chinese labourers into the West India Colonies, I proceed to the particular steps necessary for carrying the plan into operation,
First. As to the mode of fixing the rate of bounty to be allowed in each colony, whether Legislative or Crown. This Lord Stanley proposes to leave to the decision of the Land and Emigration Commissioners, after communication with parties interested in the question. But whatever be the amount decided upon, he is of opinion that that amount should be fixed as a maximum, and that parties claiming bounty, or the proportions of bounty above specified, should show that such amount at least had been expended, and should not be entitled to make any pecu- niary profit of the introduction of those labourers.
Second. As to the persons who should be permitted to take advantage of the bounty. In the first instance, at all events, Lord Stanley proposes to limit the permission so to do to persons who shall have made special application to the Secretary of State to that effect.
Third.As to the persons before whom contracts are to be made, and the requi- sites to their validity and proof, the class of vessels to be required, and the arrange- ments for the voyage. Lord Stanley proposes to leave this to be determined by the Land and Emigration Commissioners, who will be instructed to take the regu- lations of the Passengers Act as their guide, so far as the same may be applicable.
Fourth. As to the provisions to be made for carrying out the scheme in the West Indian Colonies themselves.
In these a different mode of proceeding, as before observed, is required, according as the colony in question in each case is a Crown or a Chartered colony; and again, if chartered, according to the actual state of legislation existing there. Jamaica, however, being the only Chartered colony in which any extensive provision has been made for immigration, Lord Stanley considers it sufficient, on the present occa- sion, to advert to it alone of that class of colonies.
The points upon which provision must be made in the colonies, it will have been observed, according to the statement of Lord Stanley's general views, are two only.
'The one, the ensuring to the labourer, after his arrival, the benefit of any con- tract made by him with the person who brings him, with the power, at the same time, on his part, at any moment, or at least at stated intervals, of rescinding it.
The other, the ensuring to the person who brings the labourer a compensation in the form of a full bounty, if the fabourer repudiates his contract immediately on arrival, or of a proportionate bounty if he does so at any time within two years and a half after his arrival.
As regards the Crown colonies, legislation upon both points will probably be required; certainly upon one, namely, the validity of contracts. According to the usual course, undoubtedly this latter alteration may be made by Her Majesty in Council, but a power to the same effect having been delegated to the local Legisla- tures by the Order in Council of the 10th June, 1843, and the arrangement being incomplete without the pecuniary provisions, (which must be of a nature which it has not been usual to make from this country,) Lord Stanley directs me to state that, as regards these (the Crown) colonies, he cannot undertake to give effect to the
*Thus, if he remains 6 months, 4-5ths of bounty.
12 ditto 3-5ths ditto.
18 ditto 2-5ths dito,
24 ditto 1-5th ditto.
1
253
CHINESE LABOURERS TO THE WEST INDIES. scheme further than by issuing instructions to the Governors to propose the mea- sures necessary for that purpose to their respective Legislatures.
As regards Jamaica the case is different. By the late Act, 6th Vict. ch. 51, Her Majesty's Government have the power of applying the funds of the colony to provide for emigration from Asia as well as from Africa without previously resorting to the Legislature, and it appears at least questionable, whether even under the law as it at present stands, contracts of service may not be enforced although made out of the colony.
It may probably be desirable that doubts on this latter subject should be removed by future legislation; but in the mean time, Lord Stanley conceives, that all immediate difficulty will be removed by requiring of all persons, who may propose to take advantage of the scheme, that they should enter into an undertaking in a legal form to give effect to that part of it which will require that contracts made by them with Chinese labourers shall be dissoluble by the Chinese at any time after their arrival in Jamaica at their option, but until such option is exercised, shall continue binding on the persons bringing them.
Having thus explained, both Lord Stanley's general views in a mode which I trust may have made them intelligible, and, as far as appears necessary in the first instance, the particular arrangements which he considers it will be requisite to adopt for carrying his views into effect, it only remaius for me to point out to you, that any further proceedings on his Lordship's part must of course await com munications in reply to this from yourself, or any other parties desirous of trying the experiment of introducing Chinese labourers into the West Indies, and that, as Lord Stanley understands the West India Body in London to be sented on this occasion by you, he considers this letter as being addressed to them generally.
Neill Malcolm, Esq.
&c. &c.
No. 5.
repre-
I am, &c.
(Signed)
G. W. HOPE.
COPY of a LETTER from THOMSON HANKEY, Jun. Esq. to Lord STANLEY. West India Committee Rooms, 12, Old Jewry, September 13, 1843.
My Lord,
I HAVE the honour to acknowledge the receipt of the letter, which Mr. Hope, by direction of your Lordship, addressed on the 4th instant to Mr. Neill Malcolm as the Chairman of this Committee.
Although there has not yet been an opportunity of laying your Lordship's com- munication before the West India Body, it has been considered desirable to as- certain without delay the opinion of such of the parties concerned as could be immediately consulted with reference to that part of it which relates to the introduction of Chinese labourers into the West India Colonies from the British Settlements in the Eastern Seas. And I beg leave, on their behalf, to offer the following observations upon the scheme as explained by Mr. Hope. I can, at the same time, assure your Lordship, that it would be contrary to the intention and wish of the West India Body, if any observations addressed by them implied their doubt of the sincerity and unceasing attention which your Lordship has directed to the subject of emigration.
1. As to the mode of fixing the rate of bounty.--The proposal to fix a maximum rate, and to require parties claiming it to show that such amount at least had been expended, appears to be objectionable, as involving them in all the questions and delay which generally attend the settlement of accounts with public functionaries who must act rigidly according to specified rules. And it would be particularly troublesome to proprietors who might employ their own ships in this service, or in the event of the labourers deferring for a considerable time to avail themselves of the option to rescind their contracts. Disclaiming all view to profit on the trans- action, it seems, therefore, desirable to fix absolutely, after due inquiry, such a rate as shall be deemed sufficient to cover every expense. Considerable risk as well as trouble may be encountered by the parties introducing them before it can be claimed. At first the number will be inconsiderable, and the charges probably greater than after a regular intercourse shall be established; when the rate of bounty may, of course, be revised and altered.
CHINESE LABOURERS.
No. 5.
H
No comments yet.
Private notes are available after approval.