To Sen, Viceroy of Canton.
The Council of Government of the Province of Macao, Timor, and Solor, received on the 18th instant the Despatch which your Excellency addressed to them on the 14th, announcing that an individual suspected of the murder of the Most Excellent Governor João Maria Ferreira do Amaral had been apprehended by the Mandarin of Shon-tak, and that the head and hand of the illustrious deceased, which had been discovered at Sain-tin, a village of the same place, were entrusted by your Excellency to a deputed officer to be delivered to this Council: also that your Excellency, having personally examined the criminal, a copy of whose confession, unauthenticated, was enclosed in the Despatch, had ordered him to be executed, and his head to be delivered to the same deputed officer, to be conveyed to Macao, and exposed at the place where the crime was committed, as a warning to others.
This Council had intended deferring their reply to your Excellency's Despatch until after the receipt of the head and hand of the illustrious Governor, but as they have not been delivered up to this date, which is exceedingly strange, after your Excellency had positively stated that they had been sent on the 16th, the Council has judged it proper not to delay their answer any longer, chiefly because it behoves them on this occasion to condemn the unheard-of manner in which your Excellency has thought fit to treat this affair, and to protest against the fresh insult which has been conveyed to the Portuguese Government in the aforesaid Despatch, as will be better perceived in the course of this reply.
In the first place, it behoves this Council to insist in the most positive manner on the prompt delivery of the head and hand of the late Governor, the detention of which can never be justified after the official declaration made by your Excellency in your Despatch, in the face of which the delay that has occurred must certainly be regarded as most extraordinary and inconsequent.
As to the treatment of the unfortunate man Sen-chi-liang, who, it is said, declared himself to be the real assassin, no one should lament it more than your Excellency; inasmuch as the proceedings having been illegal, but rather in opposition to the laws and customs observed in all civilised countries, without excepting even the Empire of China, where trials in similar cases are conducted on a very different principle, and which in this instance were evidently altogether disregarded, the deviation that took place in the present case tends greatly to aggravate the position of the Chinese authorities in relation to it.
On whatever side the proceedings adopted towards this unfortunate man are regarded, a precipitancy is conspicuous, which reveals immoderate anxiety on the part of those who condemned him summarily to remove him from the scene where he occupied so important a position.
It is publicly notorious that the outrage of the 22nd August was committed by seven Chinese: and even admitting that one man was capable of attacking two persons on horseback, it would have been impossible for one person, on that occasion at least, and in the short space of time which that atrocious act occupied, to consummate it so completely and with so much barbarity as those who have seen the mutilated body of the ever-lamented Governor can attest. It being therefore evident that Sen-chi-liang, if he really was one of the assassins, had accomplices, and the criminal having confessed his crime, it was the duty of the authorities, before ordering him to be executed, to discover and identify not only his accomplices, but those also who were cognizant of the crime; and the necessary inquiries and other formalities indispensable, as required by the Law, should have been proceeded with, not only in order to arrive at an exact knowledge of the truth, and for the satisfaction of the party offended, but in the present case, even for the interest and dignity of the Chinese authorities, as this was the only method of removing from themselves the responsibility which still attaches to them. And finally, if the allusion made by your Excellency in a previous Despatch, and which is repeated in the confession of the criminal, viz., as to the possibility of the assassins having been bribed by Portuguese, was not calumnious, this was the occasion for your Excellency to justify it, and if the opportunity was not taken advantage of, it is not the fault of this Council, on whom it is incumbent to protest, as they do, against all these violations of rights transgressed, and more especially that of Her Majesty the Queen of Portugal, to whom entire and complete satisfaction is due.
To the paper which came enclosed in your Excellency's Despatch, and which your Excellency wishes us to regard as the confession of the criminal, this Council will merely here allude for the purpose of declaring to your Excellency, that besides its not possessing any character of authenticity, it is deficient in all the proper forms necessary to establish its validity, notwithstanding your Excellency personally interrogated the criminal; and furthermore, between this paper and the first despatch from Your Excellency, such an identity of ideas, language, and even of style, is perceptible, as lends to the supposition that either both those productions were from the same pen, or that advantage was taken to reiterate in the confession the insults and outrages of the Despatch; and under this supposition, the Council repel them, renewing their former protest; and they demand from Your Excellency the withdrawal of the order which is said to have been given for the exposure at Macao of the head of the executed man, under the assurance that the Portuguese government will never consent that such an exposure should be made in their territory.
In conclusion, this Council would observe, that the proceedings taken by your Excellency, far from diminishing, aggravate your responsibility in the case of the assassination of the illustrious Governor of this Province; and that instead of being a reparation for the laws and rights transgressed, or a satisfaction to outraged justice, they appear to set at naught all laws and rights, and to outrage justice still further, which can never be satisfied with similar subterfuges, as unworthy in themselves as they are derogatory to those who make use of them.
In the last place, this Council have to declare again to your Excellency, that reparation being due to Her Majesty for the offence committed against her, this Council reserve to their Sovereign, free and intact, the right of taking that satisfaction which may seem good to her in her wisdom, the Council confining themselves, as their strict duty compels them, to protest to your Excellency.—1st against the unjustifiable detention of the head and hand of the illustrious Governor, which should be delivered without delay;—2d, for the apprehension of the principal and accomplices in his assassination, for which your Excellency is duly responsible since the apprehension of the above-mentioned Sen-chi-liang, which must have enabled the competent authorities to discover them; and 3d, against the intended exposure of the head of that unfortunate man at Macao, holding your Excellency answerable for the consequences which may result in default of compliance.
Macao, 23rd September, 1849.
JURUNINO, Bishop of Macao—Joaquim Antonio de Moraes Carneiro—Ludger Joaquim de Faria Neves—Miguel Pereira Simões—Joze Bernardo Goularte.
MANUEL PEREIRA.
ات مدينة باب امام در ماهور
224
To Sen, Viceroy of Canton.
The Council of Government of the Province of Macan, Timor, and S lor, eceived on the 18th instant the Despatch which your Excellency addressed to them on the Ifti, an- nouncing that an sin of the Most Excellent Governor João Maria Ferreira do Amaral had been apprehended by the Mandarin of Shon-tak, and that the head and hand of the illustris deceased, which had been discovered at Sain- tin, a village of the same place, was entrusted by your Ex- cellency to a deputed officer to be delivered to this Council: also that your Excellency, having personally examined the eriuinal, a copy of whose confession, unauthenticated. was enclosed in the Despatch. had ordered him to be executed, and his head to be delivered to the same deputed officer, to be conveyed to Macao, and exposed at the place where the crime was commenitted, as a warning to others."
This Council had intended deferring their reply to your Excellency's Despatch until after the receipt of the head and Land of the illustrious Governor, but as they have not been. delivered up to this date, which is exceedingly strange, after your Excellency had positively stated that they had been sent on the 16th, the Council has judged it proper not to delay their answer any longer, chiefly because it behoves them on this occasion to condemn the unheard of tanner in which your Excellencey has thought fit to treat this affair, and to protest against the fresh insult which) has beon conveyed to the Portuguese Government in the aforesaid Despatch, as will be better perceived in the course of this reply.
In the first place it behoves this Council to insist in the most positive manner on the prompt delivery of the head and hand of the late Governor, the detention of which can never be justified after the official declaration made by your Excellency in your Despately, in the face of which the delay that hus occurred must certainly be regarded as inest ex- traordinary and inconsequent.
As to the treatment of the nofortunate man Sen-chi-liang, who, it is said, declared himself to be the real asasin, no one should fament it more than your Excellency; inasmuch as the preceedings haying been legal, but rather in oppo
sition to the laws and customs observed in all civilised countries, without excepting even the Empire of China, where trials in similar cases are conducted in a very different principle, and which in this instance were evidently altogether elisregarded, the deviation that took place in the present casa tends greatly to aggravate the position of the Chinese authorities in relation to it.
On whatever side the proceedings adopted towards this unfortunate man are regarded, a precip tancy is conspicuuns, which reveals immoderate anxiety on the part of those whs condemned him summarily to remove him from the scene where he occupied so important a position.
It is publicly notorious that the outrage of the 22d August was cununitted by seven Chinese: and even admitting that one man was capable of attacking two persons on horseback, it would have been impossible for one person, on that occa sion at least, and tile short space of time which that atrocious act occupied, to consummate it so completely and with so much barbarity as those who have seen the inutilated body of the ever lamented Governor can attest. It being therefore evident that Sen-chi-liang, if he really was one of tbe assassins, had accomplices, and the criouinal having con- fessed his crine, iz was the duty of the authorities, before ardering him to be executed, to discover and identify net only his accomplices, but these also who were cognizant f the crime; and the necessary inquiries and other formalities indispensable, as required by the Law, should have been proceeded with, not only in order to arrive at an exact
knowledge of the truth, and for the satisfaction of the party i offended, but in the present case, even for the interest and dignity of the Chinese authorities, as this was the only method of removing from themselves the responsibility which still atuches to them. And finally, if the allusion made by your Excellency in a previous Despatch, and which is re peated in the confession of the criminal, viz.-as to the possibility of the assassins having been bribed by Portuguese, was not calumnions, this was the occasion for your Excel- lenay to justify it, and if the opportunity was not taken advantage of, it is not the fault of this Council, on whom it ig inewabent to pintest, as they do, against all these vinta- tions of rights transgressed, and more especially that of Her Majesty the Queen of Portugal, to whom entire and complete satisfaction is due.
To the paper which came enclosed in your Excellency's Despatch, and which your Exceliency wishes us to reward as the confession of the crimi al, this Council will merely here allude for the purpose of declaring to your Excellency, that besides its not possessing any character of authenticity, it is deficient in all the proper forms necessary to establishi its validity, notwithstanding your Excellency personally interrogated the criminal; and furthermore, between this paper and the first despatel from Your Excellency such an identity of ideas. language, and even af style, is perceptible, us lends to the suppositi an that either both those productions were from the same pen, or that advantage was taken to reiterate in the confession the insults and outrages of the Despatch and under this supposition the Council repel them, renewing their former protest; and they demand fr Your Excellency the withdrawal of the order which is said to have been given for the exposure at Macao of the head of the executed man, under the assurance that the Portuguesc government will never consent that such an exposure should be made in their territory.
In conclusion this Council would observe, that the proceed- Ings taken by your Excellency, far from diminishing, aguravate your responsibility in the case of the assassination of the illustrious Governor of this Province; and that instead of being a reparation for the laws and rights transgresseil, or a satisfaction to ontrazed justice, they appear to set at naught all laws mud rights, and to outrage justice still further, which can never be satisfied with simdar subterfages, as unworthy in themselves as they are derogatory to thuse vim make use of them.
In the last place, this Council have to declare again to your Excellency, that reparati in being due to Her Majesty for the offence committed against her, this Council reserve to their ! Sovereign, free and intact, the right of taking that satisfac tion which may seen good to her in her wisdom, the Council confining themselves, as their strict duty compela them, to protest to your Excellency.—1st against the w justi- fiable detention of the head and hand of the illustrious Governor, which shoukl be delivered without delay,-20, for the apprehension of the principal and acenomplices in bis assassination, for which your Eseeliency is dumbly re-ponsible since the apprehension of the above mentioned Sen-chi-Kang, which must have enabled the competent authorities tu discover them, and 3d, against the intended exposure of the head of that unfortunate man at Mueso, holding your Ex- cellency answerable for the consequences which may result in default of compliance
Macao, 23th September, 1849.
JURUNINO, Bishop of Mução —Joaquim ANTONIO DE MORAKS CARNKIRO-LUDGER JOAQUIM DE FARIA Neves, -MIGUEL PERBIRA ŠIMÕES.-Joze BRKNARDO ĜOULARTE.
MANUEL PEREIRA.
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