china — Page 27

who would be in conflict with the law , and either class would be likely in conducting
>

it to consider little beyond the profits of the particular voyage. The improvement in
the general trade which might be expected to follow from the example of a well con
ducted system would be lost, and Chinese emigration would continue as at present, to be
marked by occasional disasters of an appalling description .
“ · It appears to us then ofmuch importance that an emigration officer should be established
at Amoy, as well as at Hongkong, to carry out the Chinese Passengers Act. Sir J.
 ( 47 )
Bowring asks what is to be done at,ports where there is no consular authority, such as
Swatow, Namoa, &c. Wepresume that at such ports British trade, whether in passengers
or in anything else, is illegal and contrary to treaty, and Her Majesty's Government
cannot make any arrangement which would relieve British vessels frequenting those ports
from the risks which they thereby run, or would imply any sanction of their doing so.
But if any such vessels carrying passengers proceed either to Hongkong or Amoy, and
theretake out emigration papers, they would be relieved from the liability to seizure by
Her Majesty's cruizers for violating the Chinese Passengers Act. We gather from the
papers before us, that at present there is no emigration from ports to the north of Amoy,
so that the appointment of an additional emigration agent at that port would meet the
case as far as Her Majesty's Government can meet it. It will be for the Foreign Office
to decide whether the duties of emigration officer can be properly devolved on the Consul.
On that point we do not venture to offer an opinion.”


Enclosure 3, in No. 28. Encl. 3, in No. 28.
EXTRACT of a REPORT from the EMIGRATION COMMISSIONERS to H. MERIVALE,Esq., dated
Emigration Office, October 31 , 1856.
“ THE Consul at Shanghai, Mr. Robertson, states that the Chinese Passengers Act
is evaded by British ships clearing for Swatow , a Chinese port capable of being reached
' within the period of seven days at this season , and there transhipping the passengers
into other vessels to be carried to America, the Havana, or elsewhere. By this means,
he says, the 4th section of the Chinese Passengers Act is evaded, and the local Ordinance,
No. 9, of 1856, will be equally insufficient when it comes into operation.
«6
“Now it will be seen, on reference to the Chinese Passengers Act (18 & 19 Vict, c. 104)
that by Section 2 a Chinese passenger ship is defined to be every ship carrying from
any port in Hongkong, and every British ship carrying from any port in China, or
: within 100 miles of the coast thereof, more than 20 passengers, being natives of Asia,'
and by Section 4 every Chinese passenger ship proceeding on avoyage of more than
seven days is required to be provided with emigration papers. The Colonial Ordinance
(No. 9 of 1856 )* passed in May last further provides (Section 3 ) that any Chinese pas
senger ship clearing out from a port in Hongkong or China, or within 100 miles of the
coast, on a voyage to any port, for the purpose of commencing from such latter port a
voyage of more than seven days' duration, shall be deemed, within the meaning of the
Chinese Passengers Act, to have cleared out from the port it originally left. This Ordi
nance was referred to us on the 9th of August last, and on the 19th of that month we
pointed out some particulars in which it appeared to require amendment. But as no
objection was taken to its principle it will no doubt be re-enacted very shortly by the
Colonial Legislature.
* Looking to these enactments we are unable to understand in what way a British vessel
proceeding with passengers in the first instance to Swatow, a Chinese port, on taking
passengers on board there, and thence taking her final departure on a voyage exceeding
seven days, can be supposed to remove herself from the operation of the Chinese Pas
sengers Act. It is no doubt the fact that, by sailing from a remote port where there are
no British authorities, аa. vessel may bid defiance to the law , and if not intercepted by any
of Her Majesty's cruisers, may escape with impunity. But no alteration or increased
stringency in the law will prevent such an offence as this. The only hope of preventing
it is by the vigilance of Her Majesty's cruisers, and by the infliction of a heavy penalty
wherever it is discovered . Upon this point we would venture to call attention to the
fourth paragraph of our Report of the 3rd of April last. The case which we there put
hypothetically appears to be exactly the case which has occurred, and has given rise to
Mr. Robertson's letter ."



No. 29. No. 29 .
(No. 28.)
Copy of a DESPATCH from the Right Hon. H. LABOUCHEBE , M.P., to
Governor Sir John BOWRING .
SIR, Downing Street, March 14, 1857.
With reference to mydespatch,* No. 130, of the 14th of November last, Page 42
sending to you such accounts as had at that time been received at this office
of the deplorable mortality on board of two Chinese emigrant ships , named the
“ Duke of Portland ” and the “ John Calvin ," I transmit herewith two letters February 3, 1857.
from the Board of Trade. The first of these letters encloses an account of an February 5, 1857 .
* See Papers presented to Parliament by Her Majesty's command, February 1857.
F 4
( 250)
 ( 48 )
inquiry into this case by the Local Marine Board of London. The second
encloses some other documents, including a statement by the chief mate of the
“ Duke of Portland,” with explanatory notes by the captain in the margin, and
also a copy of the certificate granted to the “ Duke of Portland ” by the
March 14, 1857. emigration officer at Hongkong . I am likewise desired to enclose a copy of
the answer returned from this department to the Board of Trade.
Accounts have been received from Her Majesty's Consul at Havannah , in
which he agrees with the Local Board in London, in exonerating from blame
the master and the parties interested in the ship. He states that there is no
reason to doubt that the emigrants were treated with every care and humanity.
He says, that aa fatal disease manifested itself among the Coolies, and that they
were probably predisposed to infection from not being in good condition when
they were put on board . Both the “ Duke of Portland ” and the “ John Calvin ”
are stated to have had a plentiful supply of water taken in at Hongkong,but,
the Consul remarks, that it is supposed that it was not of a quality suitable to
so long a voyage, and that it was often complained of by the passengers.
* Page 54. From the enclosures to your despatch * to the Earl of Clarendon, No. 5, dated
the 1st of January, it appears that the passengers embarked in the “ John
“ Calvin ” were duly inspected, and the correctness of their agreements ascer
1 Page 51 . tained . In compliance with the concluding suggestion in the lettert from the
Board of Trade, dated the 5th of February, I have to request that you will
inquire what record or evidence may exist that a similar course was pursued in
regard to the “ Duke of Portland .”
With respect to both vessels, I wish an explanation upon the numberswhich
they were computed to be legally qualified to carry. The body of rules
appended to the Chinese Passengers Act required for each passenger a space of
five superficial feet on the upper and 12 superficial feet on the lower deck.
I am not aware that the Hongkong Legislature has exercised its power to
substitute another set of rules; but the figures embodied in the Emigration
Officers' certificates would only allow about three superficial feet above and
eight below , in proportion to the number of passengers declared admissible in
the “ John Calvin ” and “ Duke of Portland ." I shall be glad to receive a
report on this subject. The space prescribed in the rules annexed is, in my
opinion, decidedly not larger than sufficient, and it ought not to be diminished.
I may alsoremark, that no requirement of the Passengers Act is more important
than the one limiting the numbers to be carried, and that it is additionally
useful from its simplicity, and from the consequent ease with which this security
for the good of thepassengers can be enforced.
Governor Sir John Bowring, I have, &c.
&c. &c . &c. ( Signed ) H. LABOUCHERE.


Encl. in No. 29. Enclosure in No. 29.
Office of Committee of Privy Council for Trade,
SIR, Whitehall, February 3, 1857.
I AM directed by the Lords of the Committee of Privy Council for Trade to
request that you will call the attention of Mr. Secretary Labouchere to the case of the
mortality among Chinese emigrants on board the ship “ Duke of Portland,” on her voyage
from Hongkong to the Havana, in the year 1856.
My Lords'attention was called to this case by proceedings in one of the police courts,
reported in the “ Times ” of the 5th December. They immediately requested the Local
Marine Board of London to inquire into the case . That Board has made its report, and
a copy of the report, and of the evidence taken , is enclosed for Mr. Labouchere's infor
mation. The evidence given before the Board is confirmed by the entries in the official
log, which has been examined at this office.
The report and evidence contain a full statement of all that happened during the
voyage. They show that of 332 emigrants shipped, no less than 128 died on the passage,
most, as it appears, from fever, and some by suicide. They give an account of the first
appearance of discontent and mutinous conduct on the part of the emigrants in the port
of Hongkong, and they show the steps taken by the captain in the course of the voyage.
My Lords have, however, been anxious to obtain further information upon one or two
points, to which the attention of the Local Marine Board does not seem to have been
specially directed,
These points are :
1. By what persons and on whose behalf the ship was chartered for the voyage in
question.
 ( 49 )
2. How it happened that the ship left Hongkong on such a voyage so late in the
season .

3. The conduct of the emigration officer at Hongkong, whose duty it was to enforce
the provisions of the Chinese Passengers Act.
On these points Captain Seymour, who has shown willingness throughout to give a
full account of the matter, will no doubt be able to give information. He is at present
away from London, but if he returns, or if my Lords can obtain the information from
other quarters, they will forward it for Mr. Labouchere's information .
In the meantime they request that you will call his especial attention to the following
points :
1. This is a case in which the ship took in her emigrants at and sailed from Hongkong,
and that there ought therefore to have been no difficulty whatever in applying strictly
the provisions of the Chinese Passengers Act, 1855.
2. That if those provisions and the regulations adopted under them concerning room ,
ventilation, &c., were complied with, there is good reason for thinking that the
regulations are wholly insufficient to effect the desired object, at any rate for such a
voyage in such latitudes, and commenced at such a time of year as that of the “ Duke of
« Portland .”
3. Mr. Labouchere will observe, that the first appearance of discontent or mutinous
conduct on the part of the emigrants appears to have arisen from the belief on the part
of those last shipped that they had been cheated by those who had engaged them . It
is therefore very important to learn whether the emigration officer did, according to the
terms of the certificate given in Schedule ( B.) of the Chinese Passengers Act, inspect the
contracts between the emigrants and their intended employers, and satisfy himself that
they were reasonable, and that no fraud was practised in collectingthe emigrants.
Under the above circumstances, my lords would suggest for Mr. Labouchere's con
sideration, that instructions should be given to the Governor of Hongkong to make the
strictest inquiries concerning the circumstances under which the “ Duke of Portland ”
left Hongkong, and concerning the conduct of the emigration officer with respect to that
vessel .
It will, as it appears to my Lords, be also necessary to have it considered whether the
regulations already adopted by the authorities at Hongkong under the Chinese Passengers
Act are sufficient for the purpose, or whether further and more stringent regulations are
necessary .
I am to add that my Lords have communicated the facts of this case to the Foreign
Office. I have, &c.
H. Merivale, Esq. (Signed) JAMES BOOTH .

Sub - Enclosure to Enclosure 1 in No. 29. Sub-Encl. to
Local Marine Board , 71 , Cornhill, Encl. 1 in No. 29.
SIR, January 20, 1857.
In compliance with your letter of 7th instant, this Board has caused inquiry to
be made into the extraordinary mortality on board the ship “ Duke of Portland,” on a
voyage from China to the Havannah with emigrants.
Every facility has been afforded by the owner and captain of the ship.
This Board are unanimously of opinion that no blame attaches to them , or any one
connected with the ship ; that Captain Seymour's conduct to the emigrants appears to
have been kind and attentive, and that every possible precaution was used by him to
decrease the mortality. Dr. Ludgatt appears also to have exerted himself for the same
purpose.
The details of this unfortunate voyage will be found in full in the copy of Captain
Seymour's letter to the owner, Mr. Hamlin, and the copy of the proceedings at the
investigation, both sent herewith.
It appears to this Board that the mortality was greatly aggravated by the great heat
and unusual length of the passage ( 150 days) caused by the sailing of the ship in an
improper season; she sailed full one month later than she ought to have done, to enable
her to get down the China Seas. I am, & c.
T. H. Farrer, Esq ., ( Signed ) D. DUNBAR,
Marine Department, Whitehall. Chairman ,

Local Marine Board, 71 , Cornhill,
January 8, 1857.
INVESTIGATION into Circumstances attending the Mortality of Chinese Emigrants
whilst on board the Ship “ Dukeof Portland ," on her Passage from Hongkong to the
Havana .
Present :
Messrs. DUNBAR, PAILLIPS , GREEN, ANDERSON, INGHAM , and Captain DENNY.
DUNCAN DUNBAR, Esq ., in the Chair.
Captain G. N. Seymour, master, and Mr. Thomas Hamlin, owner of the “ Duke of
Portland," attended before the board.
(250. ) G
 ( 50 )
The letter of the 7th instant from the Board of Trade, calling the attention of this
Board to a statement in the “Shipping Gazette ” of the 6th instant concerning the
mortality, was then read.
Captain Seymour stated : - " We left Hongkong with 332 Chinese coolies ; we had
:

been measured for 334. We had a surgeon who had been all the voyage from London
to New Zealand, and thence to China. He had a diploma. He had been approved by
Captain Lane ,Government Agent. We took out the Bishop of New Zealand and other
passengers. We were to be paid a lump sum per head for all the Chinese coolies landed
alive at the Havana. We received nothing for those who died. The coolies appeared in
good health when shipped ; that was the general opinion on our leaving China. There >
were ample medicines put on board by theowner. We had water from China in excess.
Captain Seymour then read a letter which he had addressed to the owner ; it was
dated " Havana, 10th September 1856,” in which he states, that the emigrants were
all on board on the 31stMarch 1856. " On 2d April, when hove short and ready foi
sailing, the Chinese crowded aft, took belaying pins from the rails and armed themselves
with fire-wood, yelling and shouting in a fearful manner, throwing every thing moveable
overboard. Hethen had an interview with the stipendiary magistrate, at the Supreme
Court, whocame onboard with a police force ; the coolies laughed at them, and at length
they were driven below at the point of the bayonet. Then planted my two guns inside
the cuddy door, loaded them with grape and canister, had the carronades loaded and
placed at the poop fife rail ; gave the men a cutlass each ; Mr. May (magistrate) was
then on boartl. He left a serjeant and five policemen on board, for sentries during the
night. At daylight I was out of the roads. When at sea they refused to cook. The
third day I had the first suicide, and on an average I had three suicides daily between
Hongkong and until I passed the Straits of Sunda
“ On the morning of the 15th I discovered a plan among the Chinese to take the ship :
the same afternoon they carried their plan out, but as I was quite prepared forthem , a
few well-directed blows from the flat of a cutlass prevented the rush, and J. Williams
jumped overboard and saved the man who had been thrown from the forecastle ; after
the failure of the attempt they became quieter, but I had usually 12 to 18 in irons, for
riotous behaviour or attempted suicide.
“ On evening of 28th an attempt was made to rescue one of their ringleaders who I
had put in irons; one of them threw a large bone at me when trying to pacify them : I
then thought it time to clear the decks, and in the struggle one was wounded in the side.
I called at the Cocoa Islands in hopes of getting vegetables, fresh meat, and fish for the
invalids, but was much disappointed with the result of my visit.”
( Above from the letter.)
Captain Seymour then stated—“- We lost 128 Chinese before arriving at the Havana
chiefly from congestive fever ; it is like the Hongkong fever. We lost one of the crew .
I think the coolies brought the seeds of the disease on board with them. When they
would not eat I have tried to force food down their throats. We were 150 days on our
passage from China to the Havana. We remained three days at St. Helena. We had
vegetables from St. Helena to within a few days of our arrivalat the Havana. All the
opium for the Chinese was consumed before we arrived at St. Helena. The Chinese
mutinied before we sailed from Hongkong, on account of their wanting more money. I
believe one -third of them were kidnapped. They had spent the money they had before
leaving China. The surgeon was kind to them ; I was with them much more than the
surgeon was, he saw them always twice a day. The Chinese were shipped underthe
direction of the chief magistrate ; I have a document from him , stating that all required
for them was shipped. The entries regarding the assistance rendered by the magistrate
at Hongkong, weremade aday or two after in the official log. The opium required by
law was put on board in China,and I got more at St. Helena. I gave the doctor full
authority at St. Helena to get all the opium and medicines he required.”
( Entries in the official log regarding the disturbance previous to sailing, the medical
treatment, and the plan for giving more air to the emigrants, were then read .)
Captain Seymour then stated, “ The ship is 533 tons. The emigrants had the whole of
the lower deck, excepting the cuddy. We could see the differerce between those who died
from congestive fever and those who suffered from the want of opium. In April the ther
mometer in my cabin ranged from 82° to 90°. The season of the year was bad forthem .
The ship had scuttles. She has carried emigrants before. I was 100 days to St. Helena.
The loss of the monsoon in the China Sea was caused by our detention in China. They
could not get the people ready for shipping. We sailed from Hongkong on the 2nd
April. Only one man was injured in the disturbance ; he was wounded. The John
Calvin ' sailed about three weeks before me, and arrived after me. The scurvy was
frightful on board that ship ; we had none. I was told by the consul at the Havana that
I was the first ship arrived there without scurvy on board. I was without aa chief mate
for two months coming home ; he was below, sick, and off the Cape too, in bad
weather.”
The interpreter, a Chinese, who came from China in the ship, was examined ; he stated ,
“ The first time come on board ship, Chinamen complain ; had not money, wanted captain
to pay them,"
 ( 51 )
Captain Seymour here stated, “ They agree to serve for so long a period. They got
food, clothing, and everything. They complained they had one dollar given to them
instead of eight."
The interpreter then stated :—“ Some sick jump overboard. I keep men always to look
after sick. Don't know why that man jump overboard . They had food prepared
regularly. They wanted to get possession of the ship ; said they would never get back to
China ; they wanted to set her on fire. Some men say, not tell me. They threatened to
kill me and the captain. I believe the men only got one dollar. One · Portugal' take
money from them going down. The madarin told them they would be paid more when
they got on board. One day only at sea, in a gale of wind, they only had biscuits ;
could not cook. The doctor saw them two or three times a day.”
Captain Seymour also stated :-" I never laid down in my bed without a cutlass at my
belt. I believe the men all received their eight dollars, because there had been a previous
row about it, in the ‘ John Calvin .' We had twenty -five Chinese, from Hongkong ; all
the others were from Macao . ”
The inquiry was then adjourned until the 15th instant for the purpose of obtaining
the evidence of the surgeon .

Local Marine Board, 71 , Cornhill,
January 15, 1857.
Present :

Messrs. DUNBAR, GREEN, INGHAM, and ANDERSON, and Captains DENNY, and HUNTER.
DUNCAN DUNBAR, Esq., in the Chair.
The Board resumed the investigation into the circumstances attending the mortality of
Chinese emigrants whilst on board the ship “ Duke of Portland,” adjourned from the
8th instant.
Captain G. N. Seymour, the master, and Mr. Thomas Hamlin, the owner, attended
before the Board .
Mr. David Ludgat, surgeon of the “Duke of Portland ," was then called in ; he
stated :
“ A lowtyphoid fever generally prevailing among the low class of Chinesewas brought
on board by them when shipped at Hongkong. Sufficient food was provided for the
coolies. The sickness was attributed to improper food used by themselves, such as onions
and pickles. A number of suicides took place, but many more would have taken place
had not the boat been kept in readiness to pick those up who jumped overboard.
The Chinese were kindly treated all the time, both as to diet and other neces
saries of life, and were supplied with the usual quantity of opium . I have not seen
any of the cases on shore, but had the symptoms of the peculiar fever which the
Chinese are subject to described to me by the medical officer of the hospital. The
symptoms on board were the same as those described to me by the medical officer. I
prescribed the same medicines and treatment as adopted in the hospital. The fever
appeared among the coolies after they had been three days on board. Within a week
after sailing as many as sixty cases had appeared. All the symptoms on board were the
same asthose described by Dr. Barton , thehospital surgeon. The berthing was in every
way well fitted. The habits of the Chinese were very filthy. Every means was usedto
correct their habits, by taking every precaution to keep them as clean as possible. The
length of the voyage aggravated the symptoms and increased the number. The number
of deaths were nearly the same all the voyage, but increased in malignity. The deaths
after our arrival at Havana were much the same. No expedient to ensure carrying
coolies such a long voyage can be put in force but to lessen the numbers. This disease
would be infectious among persons of low habits, but with those more robust not so .
The coolies had food so regular on board that they had no occasion to complain. The
boatswain was the only one of the crew that died . The mate and stewardwere seized
with the disease, but they recovered : they were occupied more among the Chinese than
others of the crew ; I am disposed to think that the disease is infectious. When the
disinfecting matter was all used ,the t'ween -decks were fumigated with boiling pitch daily,
when possible to do it. The coolies died from debility and affection of the liverand lungs,
and exhaustion arising from the seeds of the disease. The chief mate was treated for the
same disease previous to sailing from Hongkong. As many of the coolies as could
be allowed with safety were ordered on deck daily. Captain Seymour's conduct was
attentive at all times to the Chinese in satisfying their wants and attending to their
cleanliness. Those of the Chinese who attempted to commit suicide, and were picked up, "
generally made a second attempt ; they were then more carefully looked after.


Enclosure 2 in No. 29 . Encl. 2 in No. 29.
Office of Committee of Privy Council for Trade,
SIR, Whitehall, February 5, 1857.
REFERRING to Mr. Booth's letter of the 3d instant, on the subject ofthemortality
> * Page 48.
on board the ship “Duke of Portland ," I am directed by the Lords of the Committee
(250 ) G 2
 ( 52 )
of Privy Council for Trade to enclose, for Mr. Labouchere's information, the following
documents :
No. 1 . Copy of questions addressed to the master of the “ Duke of Portland,” and of his
replies.
No. 2.
Copy of a statement made by John Hagan, late chief officer of the “ Duke of
Portland . ”
No. 3. Copy of the Emigration officer's certificate .
Copy of the list of the male emigrants who embarked in the “ Duke of Portland. ”
Nos. 4 & 5. Copy of a document in Spanish annexed to the certificate, with its indorsements. On
Being very volu- the back of this document are Chinese characters, apparently a translation .
minous, are not The statement made by Hagan, who my Lords have reason to believe to be a respectable
printed. and trustworthy man , was made in the presence of certain officers of this department, and
subsequently taken down in writing,
Mr. Labouchere will observe that, if this statement be true, a large number of the
emigrants were sick at the time the emigration officer granted his certificate ; that he
did not see them individually ; and that he does not appear to have had that personal
communication with each of the emigrants which would seem to be necessary in order to
ascertain that the agreements with them were properly made and understood.
My Lords wish it to be understood, that they are not considering a charge as proved
which the emigration officer has no means of rebutting, but they think it right to call
Mr. Labouchere's attention to the statements made, in order that full inquiry may be
made at Hongkong. I have, & c.
(Signed) T. H. FARRER .

No. 1 .

QUERIES asked of the Captain of the “ Duke of Portland . ”
January 30, 1857.
1. How and by whose orders did the ship happen to be engaged in the carrying of
Chinese emigrants ?
2. Who were the charterers of the ship on the voyage from China to the Havanna ;
and on whose account were the emigrants shipped ?
3. If done through an agent in China, what was the name and address of the agent ?
4. How did it happen that with such a voyage in view the ship sailed from Hongkong
with such a cargo so late in the season ?
5. Was the ship duly surveyed by an emigration officer at Hongkong ; if SO, what was
his name, and when was the survey commenced, and when completed ?
6. Can the captain furnish a copy of any certificate or document given by the
emigration officer ?
The Registrar of Seamen . (Signed) T. H. FARRER.

REPLIES of Master of " Duke of Portland ” to the foregoing Queries.
1. From various contingencies, arising in the earlier part of the voyage, the ship was
thrown out of the tea and silk carrying trade, in which it was first purposed to employ
her, and it was optional with me to employ her as I considered prudent.
2. The charterer was a Don A. R. Ferran, of Havana, but at that time residing at
Macao, and the emigrants were shipped on his account.
3. Messrs. Lyall Still, Hongkong, were agents for A. R. Ferran, and through them the
charter was negotiated.
4. The ship preceding the “ Duke of Portland ” experienced great difficulty in
obtaining her emigration papers, and the charterers could not pay that attention in col
the emigrants necesssary in order to despatch the ship at an earlier date.
5. The ship was surveyed and measured by Captain Watkins, the harbour-master at
Hongkong, in February 1856, afterwards by the emigration officer, whose name will be
found attached to the papers left at the registry officefor copying on Saturday. .
6. Yes, and left at the registry office on Saturday, 4
(Signed) GEO. F. SEYMOUR.

No. 2.

John Hagan ( certificate of competency, 11,628) joined the “ Duke of Portland ” in
Marginal Notes by London, as second mate, in March 1855, bound to New Zealand with emigrants, thence
Captain Seymour.
to Shanghai and Hongkong, where the ship was chartered to convey Chinese emigrants
to Havana.
Before receiving the emigrants at Hongkong, the ship was surveyed and measured by
Measured by harbour. the emigration officer ; a deck -house was built, and other preparations made for their
master, who inspected
the ship twice. reception. In February 1856, 25 came on board from the shore ; they had a small chest
each,and a change of clothing About a week after, 225 came alongside in a steam
were an
vessel from Macao ; they had bags with them , but no chests ; afterwards four or five
exhausted state from escaped to the shore. The steamer returned with another batch of 86,*about a week
sea sickness, having after.
 ( 53 )
These men were on board three or four days before we sailed, and about the second experienced heavy
day,* the emigration officer came on board,and all the emigrants that were ableassembled from
weatheronthe passage
on the deck. The emigration officer addressed them in the Chinese language, not . I believe the day
individually, but generally. after, and I believe he
The captain ordered me to go below and reporů how many were too ill to come upon was on board twice, if
deck. I found 38 were in their berths, and did not make their appearance on deck. not more .

Before this one of them had died, and his body had been sent on shore. This was the These were suffering
from the effects of sea
only time the emigration officer spoke to the men . sickness principally.
When we were about getting under weigh, the emigrants began to mutiny ; the captain
was on shore at the time, but finding they were likely to be troublesome, we lowered the
fore topsail. When the master came on board, and found how matters stood , he returned + No person came from
again to the shore, and went to the agents, Messrs. Lyell and Co.,t the charterers. I.yell Still's office on
Some person from their office cameonboard,witheight or ten policemen armed,andthe refused
thisoccasio n.They
to assist or in
emigrants were all sent to their berths. Three policemen remained on board all night. I terferein any way.
understood from the interpreter that the cause of the disturbance arose from the promised Idonot recollect the
amount of advance in money not having been paid. On 3rd of March we sailed, and number, butmore than
fortified the after part of the ship, to keep the emigrants under. Before we had been many April3.
days at sea, the deaths became very frequent, and the sickness increased very much.. The Forthe deaths, &c.
sickness arose from the loss of their opium, and some were so disposed when theycame on the O. F. L.is an
board. Some of the emigrants had a little opium with them ; the doctor used all he had. authority.
Several times during our passage down the China Seas the emigrants were very trouble. I do not recollect.
some ; some slipped overboard during the night,ş and were not missed till the next # Incorrect, for Ihad
option of refusing any
morning ; those that went overboard during the day were all saved, excepting one man. that myselfor surgeon
By the time we arrived at St. Helena, more than 100 had perished. Weremained there considered unhealthy
or unfit for the voyage,
three days, took in fresh provisions, water, vegetables, and the medicine chest was, and Iknow ofbut one
I believe, replenished ; it was not short of anything before, as far as I know . Upwards man that I could have
St. Helen
of 30 died between very | and Havana ; .butWhen
the remai appear
nderd at in a
ednah better objected to: Many
state of health, and few acommitted suicid e we arrive Havan we laid had skin diseases.
§ Several were picked
eight days in quarantine ; there were two deaths during this period, and the bodies were up during the night.
buried on shore. We put the emigrants on board the receiving ship, and I do not know || Fewer deaths and a
larger numberof
what became of them afterwards. The charterer, I understood, was a Spaniard at suicides, and those of
Havannah, bis agents being Messrs. ,
Lyall Still, and Co., of Hongkong. the most determined
We remained at Havannah about 14 days, and then went to St. Cruz for mahogany character.
and cedar for London. At Havannah the chief mate left, and I was appointed his I cannot state num
stead . bers, having no papers
There was plenty of water, rice, and meat ;; the emigrants were not on short allowance here to refer to .
>

during the voyage; provisions were served out to ten cooks twice per day, and they ownAt first underdsmy
, afterwar under
divided it among themen. The doctor went round twice every day to visit the sick men, the superintendence of
and of a night when called upon. There was a great stench in the ship,** owing to the the interpreter and
manner in which the Chinese used the water closet, one of which was within five feet of boatswain .
the ship's galley ; they were not built ina proper manner tt for the way in which they ** This I consider
incorrect.
use them . The urine was not carried off, but run along the deck. The men slept on ft Query : Could Mr.
mats, but were verylousy ; no soap was allowed by the ship,ft and consequently they Hagan suggest an im
were very filthy, and werecovered with vermin . Dead bodies were sewed up in rice provement? I could
not.
bags and thrown overboard .
One of the crew died the day after we left St. Helena, $$ and some of the crew were sick was
# Soap andtofreshwater
issued the sick,
in the China Seas.|||| and soap was obtained
(Signed ) JOHN HAGAN, at St. Helena for their
use .
February 4, 1857. Late Chief Officer.
Signed in presence of Everard Home Coleman . SS Taken ill the day
after sailing ; died
(Signed) J. H. BROWN, about ten days after
Registrar General of Seamen . sailing.
| || The greater number
suffering from venereal
No. 3. or its effects.

EMIGRATION OFFICER'S CERTIFICATE .

I HEREBY authorize the Chinese passenger ship (“6 Duke of Portland ,” to proceed to sea
for the port of Havana, in Cuba ; and I certify that the said ship can legally carry 334
adults, and that there are on board 334 passengers, making in all 334 adults, viz. ,
334 men, no women , no male children, and no female children, such children being
between the ages of one and twelve years ; that the space set apart and to be kept clear
for the use of such emigrants is as follows : On the upper deck, 1,140,-, superficial feet,
being fore poop cabins, cabin before poop, and deck -house ; and in the between decks
2,8701, superficial feet, being the whole deck ; that the ship is properly manned and
fitted ; and that the means of ventilating the part of the between decks appropriated to
passengers are as follows : scuttles, air funnels and windsails ; that the ship is furnished
with a proper quantity of good provisions, fuel, and water, more than sufficient for the
passage toSt. Helena, for 168 days' issues to the passengers, according to the annexed
dietary scale ; and with a proper quantity of medicines, instruments, and medical comforts,
according to the annexed scale ofmedical necessaries ;that I have inspected the contracts
between the emigrants and their intended employers(the terms of which are annexed to
(250. ) G 3
 ( 54 )
this certificate ), and consider them reasonable ; that no fraud appears to have been
practised in collecting the emigrants; and that there are on board a surgeon and
interpreter, approved by me, and designated respectively David Sudgate and Sungto.
The master of the ship is to put into St. Helena for water and fresh vegetables.
Passage from Hongkong to St. Helena estimated at 90 days; from St. Helena to
Havana at 79 days.
( Signed ) C. B. HILLIER,
Dated at Hongkong, this 1st day of April 1856. Emigration Officer.
Annexed to this certificate are :
1. Passenger List, as supplied by Master.
2. Copy of the Contract for Labour.
3. Schedule A. of Chinese Passenger Act.


Encl. 3. in No. 29. Enclosure 3 in No. 29.
SIR, Downing Street, March 14, 1857.
January 1 , 1857. With reference to your letter of the 3rd, and to Mr. Farrer's letter of the 5th of
No. 5 .
February, I am directed by Mr. Secretary Labouchere to transmit to you the inclosed
copy of a despatch, just received through the Foreign Office from Sir John Bowring, by
which it would appear that the “ John Calvin ” and the “ Duke of Portland ” were both
of them regularly cleared by Mr. Hillier, the emigration officer. Mr. Hillier himself is
unhappily sincedeceased. Sir John Bowring will be called upon to inquire, as you have
suggested, whether the passengers by the “Duke of Portland were duly seen, and the
correctness of their agreements ascertained ; but it is to be observed that the evidence
which the documents now received afford of the promptitude and vigour of action in this
respect in the case of the “ John Calvin ,” gives reason to hope that there was no undue
>

neglect of the same matter in the case of the other ship, the “ Duke of Portland,” which
sailed about the same time and under the same superintendence.
I am to acquaint you, however, that Mr. Labouchere notices another point which also
requires to be cleared up. The rules appended to the Chinese Passengers Act require
that for every passenger on board there should be at least five superficial feet on the
upper deck and 12 such feet below. The Legislature of Hongkong had power, under the
Act itself, to substitute other rules, but Mr. Labouchere is not aware that the power has
been exercised. Nevertheless,in the case of both these vessels, the number of superficial
feet allowed to each passenger is only about three on the upper deck, and eight on
the lower. As the reduced space so nearly agrees in the case of each vessel, it may be
that the emigration officer proceeded on some local rule which has escaped notice. But
an explanation will be demanded on the point ; and it is decidedly Mr. Labouchere's
opinion that the space named in the rules appended to the Act of Parliament is not larger
than sufficient.
I am, &c.
J. Booth, Esq. (Signed) H. MERIVALE


Sub.-Encl. to Sub -Enclosure to Enclosure 3 in No. 29.
Encl. 3 in No. 29.
No. 5 . Superintendency of Trade, Hongkong,
MY LORD , January 1 , 1857.
In reply to your Lordship’s despatch, No. 209, dated 18th October last, directing
me to make inquiry into the cases of " John Calvin ” and “ Duke of Portland ,” British
ships which conveyed Chinese emigrants from this colony to the Havana, a great mor
tality having taken place during the voyage, I have now to forward to your Lordship
the information I have obtained from the Emigration Officer's Department through the
Colonial Secretary.
I have, & c.
The Earl of Clarendon , K.G., (Signed) J. BOWRING .
&c. & c. &c.


Emigration Office, Victoria, Hongkong,
SIR, December 29, 1856.
I do myself the honour to acknowledge the receipt of your letter dated the 26th
instant, No. 975,transmitting a letter from the Superintendency of Trade, and also
enclosing a copy of a communication from the President of the Strangers' Home for
Asiatics in England, with reference to the mortality which is said to have occurred on
))

board the emigrant ships “ John Calvin ” and “ Duke of Portland ,” which vessels were
cleared out from this port bound to Havana, by my predecessor (Mr. Hillier ), on the
12th of March and 1st . April last respectively, and requesting me to furnish you with
the fullest particulars in my powerrespecting them.
2. On reference to the records of my predecessor, I find that the ship “ John Calvin "
was authorized to carry 81 passengers only, whereas, by the slip of newspaper attached
 ( 55 )
hare on
to Sir E. N. Buxton's letter to the Earl of Clarendon above mentioned, I find that 110
போல் deaths occurred on the voyage ! It would therefore appear that this vessel succeeded in
le. going to sea with aa much larger number of coolies than that authorized by the emigra
tionofficer, a copy of whose certificate is hereto annexed, ard also an extract from the No. 1 .
emigration record book, which purports to show that a portion of the coolies originally
shipped bad declined to proceed on the voyage. No. 2.
DEE 3. As regards the ship “ Duke of Portland ,” I can only say, that the vessel was
authorized to carry 334 passengers only, out of which number she appears to have landed No. 3.
202. A copy of the clearance certificate of Mr. Hillier I also annex ; I would, however,
remark, that the requirements of the Chinese Passengers Act of 1855, appear to have No. 4.
been complied with at this port ; that the vessel carried a surgeon, was supplied with No. 5.
medicines according to the scale prescribed in Schedule ( A ), and that the bonds in each
case, copies of which are annexed, were duly entered into and executed .
4. It appears to me that the ship “ John Calvin ” was improperly allowed to clear
inwards at Havana with a greater number of Coolies on board than the emigration
officers' clearance from this port permitted1 ; and that had an inquiry taken place at
Havana, the fraud in both cases, if any had been committed, would have been detected,
and this Government would no doubt have been furnished with such evidence as would
have enabled it to recover from the sureties the penalties for the non - fulfilment of the
HTLINE provisions of the “ Chinese Passengers Act ” of 1855.
I have & c.
The Hon. W. F. Mercer, (Signed) C. R. MITCHELL ,
Colonial Secretary, & c. &c. &c. Emigration Officer.

No. 1 .
EMIGRATION OFFICER'S CERTIFICATE.
ŞE




I HEREBY authorize the Chinese passenger ship “ John Calvin ” to proceed to sea for
the port of Havana, in Cuba ; and I certify that the said ship can legally carry 301 *
adults, and that there are on board 81 passengers, making in all male statute adults ;* that
the space set apart and to be kept clear for the use of such emigrants is as follows :-On
the upper deck, 895.5 superficial feet, being fore poop cabin , 337.7 ; after deck house,
99.4 ; fore deck house, 458.6 ; and in the between decks, 2,724.2 superficial feet, being (*sic in original.)
the whole deck ; that the ship is properly manned and fitted, and that the means of
ventilating the part of the between decks appropriated to passengers are as follows:
Wind sails and ventilation trunks ; a plank taken out on each side of the deck ; that the
ship is furnished with a proper quantity of good provisions, fuel, and water for 147 days'
issues to the passengers according to the annexed dietary scale,and with a proper quantity
of medicines, instruments, and medical comfortsaccording to the annexed scale of medical
necessaries ; that I have inspected the contracts between the emigrants and their intended
employers (the terms of which are annexed to this certificate ), and consider them , as now
modified, to be reasonable ; that no fraud appears to have been practised in collecting the
emigrants, and that there are on board a surgeon andinterpreter approved by me, and
designated respectively, Le Chew and Laong Ahoy. The master of the ship is to put
into St. Helena for water and fresh vegetables. Estimated length of voyage from Hong
kong to St. Helena, 79 days ; St. Helena to Havana, 68 days.
( Signed) C. B. HILLIER,
Emigration Officer.
Dated at Hongkong, this 12th day of March 1856.
True copy
(Signed) C. R. MITCHELL ,
Hongkong, December 29, 1856. Emigration Officer.
No. 2 .
This ship was despatched by Messrs. Lyall, Still, and Co., who applied for a clearance
J
for 302 passengers (the ship had capacity for 301 and a portion ), but on the passengers
being mustered and the contracts explained by the emigration officer,all but 81 declined
to go . Messrs. Lyall, Still, and Co. were told that aa certificate could be granted for such
passengers only as had signed their contracts and come on board willingly, with a full
knowledge of the premises ; that this present refusal to proceed made evidence of consent,
in each case necessary. They replied that they were not prepared with this evidence,
as the contracts had for the most part been witnessed before the procurador of Macao ;
they preferred, therefore, to receive a clearance for the number now consenting. There
was no evidence of fraud or violence in collecting the men , but, on the contrary, proof
of unusual care.
True copy
(Signed) C. R. MITCHELL,
Hongkong, December 29, 1856. Emigration Officer.
True copy
(Signed) W. WOODGATE.

(250.) G4
 ( 56 )
No. 3. No. 3 .
EMIGRATION OFFICER'S CERTIFICATE.
I HEREBY authorize the Chinese passenger ship “ Duke of Portland ,” to proceed to sea
for the port of Havana, in Cuba ; and I certify that the said ship can legally carry 334
adults, and that there are on board 334 passengers, making in all 334 adults, viz.,
534 men, no women , no male children , and no female children, such children being
between the ages of one and twelve years ; that the space set apart and to be kept clear
for the use of such emigrants is as follows :-On the upper deck, 1,140, superficial feet,
being fore poop cabins, cabin before poop , and deck -house, and in the between decks,
2,8701 superficial feet, being the whole deck ; that the ship is properly manned and
fitted, and that the means of ventilating the part of the between decks appropriated to
passengers are as follows : scuttles, air funnels, and wind sails ; that the ship is furnished
with a proper quantity of good provisions and fuel ; water, more than sufficient for the
passage to St. Helena, for 168 days' issues to the passengers, according to the annexed
dietary scale, and with a proper quantity of medicines, instruments, and medical comforts,
according to the annexed scale of medical nesessaries ; that I have inspected the contracts
between the emigrants and their intended employers (the terms of which are annexed to
this certificate), and consider them reasonable; that no fraud appears to have been
practised in collecting the emigrants; and that there are on board a surgeon and
interpreter, approved by me, and designated respectively David Ludgate and Sungto.
The master of the ship is to put into St. Helena for water and fresh vegetables. Passage
from Hongkong to St. Helena, estimated at 90 days ; from St. Helena to Havana at 78
days.
(Signed) C. B. HILLIER ,
Emigration Officer.
Dated at Hongkong this Ist day of April 1856.
Annexed to this certificate are :
1. Passenger List, as supplied by Master.
2. Copy of the Contract for Labour.
3. Schedule ( A.) of Chinese Passengers' Act.
Hongkong, December 29, 1856. Emigration Officer.
True copy
(Signed) C. R. MITCHELL ,
True copy
(Signed ) W. WOODGATE.


No. 4.
COLONY OF HONGKONG TO WIT.
Know all men by these presents, that we are held and firmly bound unto our Sovereign
Lady Queen Victoria, by the grace of God, of the United Kingdom of Great Britain and
Ireland, Queen, Defender of the Faith, in the sum of One thousand pounds of good and
lawful money of Great Britain , to be paid to our said Sovereign Lady the Queen, her
heirs and successors ; to which payment, well and truly to be made,we bind ourselves
and every of us, jointly and severally, for and in the whole, our heirs, executors,
administrators, and every of them , firmly by these presents.
( L.S.) ( Signed ) A. THORNHILL.
( L. S. ) > G. LYALL.
(L. S.) >> C. F. STILL.
Sealed with our Seals.
Dated at Hongkong this 11th day of February 1856.
Whereas by the Chinese Passengers Act, 1855, it is enacted, that before any Chinese
passenger ship shall clear out or proceed to sea on a voyage of more than seven days'
computed duration, the master thereof shall, with two sufficient sureties to be approved
by an emigration officer, enter into a bond to Her Majesty, Her heirs and successors, in
the sum of One thousand pounds :
Now the condition of this obligation is this, that if (in respect of the ship “ John
Calvin,” whereof Alonso Thornhill is master,) all and every of the requirements of the
said Chinese Passenger Act, and of the regulations contained in Schedule ( A.) to the said
Act annexed, or enacted by the legislature of Hongkong, shall be well andtruly observed
and performed , then this obligation to be void, otherwise to remain in full force and
effect.
Signed, sealed, and delivered by the above-bounden Alonso Thornhill, George Lyall,
and Charles Frederick Still, in the presence of,
(Signed) C. B. HILLIER ,
Emigration Officer.
Hongkong, December 29, 1856.
 ( 57 )
No. 5 . No. 5.

Know all men by these presents, that we are held and firmly bound unto our Sovereign
Lady Queen Victoria, by the grace of God , of the United Kingdom of Great Britain and
Ireland , Queen, Defender of the Faith, in the sum of One thousand pounds of good and
lawful money of Great Britain , to be paid to our said Sovereign Lady the Queen , Her
heirs and successors, to which payment well and truly to be made we bind ourselves and
every of us, jointly and severally , for and in the whole, our heirs, executors, administra .
tors, and every of them , firinly by these presen ts .
( L. S. ) ( Signed ) G. F. SEYMOUR .
( L. S. A. C. MALCOLM .
( L. S.) G. LYALL.
Dated at Hongkong this 28th day of March 1856. Sealed with our Seals.

Whereas by the Chinese Passengers Act 1855, it is enacted , that before any Chinese
passenger ship shall clear out or proceed to sea on a voyage of more than seven days'
computed duration, the master thereof shall with two sufficient sureties to be approved
by an emigration officer, enter into a bond to Her Majesty, Her heirs and successors, in
the sum of One thousand pounds :
Now the condition of this obligation is this, that if (in respect of the ship “ Duke of
Portland ,” whereof George Frederick Seymour is master) all and every of the require
ments of the said Chinese Passenger Act, and of the regulations contained in Schedule
(A. ) to the said Act annexed, or enacted by the legislature of Hongkong, shall be well
and truly observed and performed in like manner as the same ought to be observed and
perforined in case the said ship were a British ship, and the said * a British *(This blank was
subject, then this obligation to be void , otherwise to remain in full force and effect. in the original cer
Signed, sealed, and delivered by the above-bounden George Frederick Seymour, tificate.)
Alexander Campbell Maclean, and George Lyall, in the presence of, HILLIER,
(Signed) C. B.
Emigration Officer.
Hongkong , December 29, 1856.

No. 30. No. 30 .

Cory of a DESPATCH from Governor Sir John Bowring to the Right Hon .
H. LABOUCHERE, M.P.
( No. 46. ) Government Offices, Victoria, Hongkong,
March 7, 1857 .
Sir , ( Received May 2, 1857. )
I have
HAVE the honour to inform you that on receipt of your despatch,
No. 130, † of 14th November 1856, relating to the mortality which occurred on | Page 42.
board the ships “ Duke of Portland ” and “ John Calvin," I directed commu
nications to be made on the subject to Messrs. Jardine, Matheson & Co. , the
agents for the “ Duke of Portland,” and Messrs. Lyall, Still & Co., the char
terers of both ships. I have received the accompanying replies from these
firms, and this appears to be the only information that can be collected here on
these lamentable cases.
I have, &c.
Right Hon . H. Labouchere, M.P., ( Signed ) JOHN BOWRING .
&c. &c. &c.



Enclosure 1 in No. 30. Encl. 1 in No. 30.
SIR, Hongkong, February 12, 1857.
We have the honour of acknowledging receipt of your letter of 9th instant,
having reference to the Coolie ships “ John Calvin ” and “ Duke of Portland,” and we
shall have great pleasure in affording his Excellency the Governor every information
which may be in our possession regarding the sad mortality which occurred amongst the
emigrants on board those vessels.
Of the “ Duke of Portland ” we know but little, beyond the fact that in her case, as in
)

the case of the “ John Calvin," the greatest possible care was taken here in her despatch,
both by ourselves and by the late Mr. Hillier, the emigration officer, who was on board
repeatedly previously to her leaving, and who inspected the provisions very closely. From
this vessel, since her leaving, we have had no communication ; but we are aware that a
great mortality did take place, and Messrs. Jardine, Matheson, and Co. , who were the
agents for the ship, may probably have heard either from the master or the owners.
With reference to the “John Calvin ,” owing to the circumstance ofour being the owners
of that vessel, we are enabled to give you more information ; and we have now the honour
( 250. ) H
 ( 58 )

of handing you an extract from Captain Thornhill's letter to us, announcing his arrival at
Havannalı, and giving us the particulars of the sickness on board. Beyond this we know
nothing, excepting that 225l. were spent at St. Helena in the purchase of vegetables and
other fresh provisions for the use of the Coolies.
As we have said before ,great care was taken both by Mr. Hillier and ourselves in the
despatch of the vessel from this ; and the master and officers weremost efficient, the former
particularly having had experience in carrying Chinese. It would appear, therefore, that
the mortality arose from the length of the voyage and from causes which were beyond all
human control.
We have, & c.
(Signed) LYALL, STILL, AND Co.
The Hon. W. T. Mercer, Esq. , Colonial Secretary,
&c. &c. & c.




Encl. 2 in No. 30 . Enclosure 2 in No. 30 .

EXTRACT of Captain THORNHILL's letter to LYALL,STILL, and Co.,dated Havannah,
September 23, 1856.
I BEG to inform you, by this opportunity, of my arrival here on the 2d instant, after a
long and tedious passage of 171 days, and much regret being placed in quarantine imme
diately, having lost 111 Coolies and 11 of my crew by death from fever, dysentery,
anasacra, and from the effects of opium . After writing you from Anjer, the wind came
from the south -west, with a current setting at the rate of three knots per hour to the
eastward, which compelled me to anchor in the Straits of Sunda until the 15 April , during
which time the typhus fever broke out and carried off 10 of them , cleared the Straits on
the 17th, and arrived at St. Helena on the 28th June, having experienced light winds in
the south -east trade, and heavy westerly gales off the Cape of Good Hope, and lost
55 Coolies. After leaving there, they appeared to improve, and no death until the 10th
day out, when the strongest went off suddenly, after aa few hours' illness of anasarca ; they
were perfectly quiet and submissive during the whole passage. I received pratique on
9th, having laid eight days in quarantine, during which time lost 11 Coolies, and landed
175 alive.
( True copy.)
( Signed) LYALL, STILL, AND Co.


Encl. 3 in No. 30. Enclosure 3 in No. 30.

The Hononourable W. T. BRIDGES, Esq., Acting Colonial Secretary, &c. &c. Hongkong.
SIR , Hongkong , February 21 , 18.57. >

We beg to acknowldge receipt of your communication of the 17th instant, on the
part of his Excellency the Governor, requesting information regarding the case of the
Coolie ship “ Duke of Portland,” from this to the Havannah, and asking for particulars of
the mortality reported to have taken place.
In reply, we beg to state that wewere mere agents for the ship which we chartered to
Messrs. Lyall, Still , and Co., who had afterwards everything to do with the shipment of
the Coolies, &c., and who are therefore much more likely to be in a position to afford you
information regarding the voyage than we are ; indeed we have not heard of or from the
vessel since her departure, and consequently know nothing whatever of the mortality on
board to which you allude.
We have, &c.
(Signed) JARDINE, MATHESON, AND Co.


Encl. 4 in No. 30.
Enclosure 4 in No. 30 .
SIR , Hongkong, March 5, 1857.
We have the honour of acknowledging receipt of your letter, No. 213, of 23
ultimo, on the subject of the despatch of the “ Duke of Portland ,” and in reply regret that
we can only refer you to our former letter of 12th ultimo.
The vessel was despatched from this, as we have already informed you, by the emigra
tion officer in the usual way, only with unusual care, and since her departure we have
received no information regarding her.
We have, &c.
To Honourable W. T. Bridges, Esq., (Signed) LYALL, STILL, AND Co.
Acting Colonial Secretary,
& c. &c. & c.
 ( 59 )
No. 31 .

Copy of a DESPATCH from the Right Hon . H. LABOUCHERE, M.P., to
Governor Sir John Bowring.
( No. 86. )
SIR, Downing-street, June 29, 1857.
I have had under my consideration your despatch, No. 46,* of the 7th of
>
* Page 57.
March, relative to the passenger ships “ John Calvin ” and 66 Duke of
Portland ."
This despatch shows that no further light is likely to be thrown upon the
facts, and I shall therefore now proceed to convey to you such remarks as these
cases appear to me to require.
The “ John Calvin ” sailed from Hongkong for Havannah on the 13th of
March 1856, with 298 emigrants on board, and lost 135 ; the Duke of Port
land” sailed from Hongkong for the same destination on the 3d of April 1856,
with 332 emigrants on board, and lost 128.
So deplorable a mortality occurring on board of two British ships despatched
from the chief port of a British Government in China could not fail to excite
both the deep regret of Her Majesty's Government, and also an anxiety to
detect its causes, and endeavour to guard against its recurrence. The main
points to be ascertained are, whether there was any inhumanity or culpable
neglect on the passage ; whether the numbers embarked were too large ; and
whether the emigrants had been deceived and were taken away against their
will .
As regards the first point, there appears no reason to suspect any want of
humanity or care on the voyage. The British consul at the Havannah, to
which the vessels proceeded, instituted an inquiry at the moment of their arrival,
and reported that the treatment of the passengers had been humane and attentive.
This conclusion was confirmed in the case of the “ Duke of Portland ” by the
report of the Local Marine Board of London. It has not been disputed in the
case of the “ John Calvin. ”
No reason has appeared for supposing that the unfortunate sickness on board
these vessels was attributable to overcrowding, owing to a misconception of the
late emigration officer at Hongkong ; the numbers which he declared the ships
qualified to carry were largerthanthe Act really intended. According to the
Chinese Passengers Act ( 18 & 19 Vict. c. 104. ) , the number of passengers is
not to be greater than after the proportion of one to every 12 superficial feet
of the 'tween decks . The emigration officer did not confine his measurement
of the “ ’tween decks” to the lower deck (which is the usual and real meaning
of the term ), but included all those parts of the upper deck which were housed
over, and which thus formed a space fit for habitation. The particulars set
forth in his certificates, and also the figures of his calculations, prove that this
was the fact. You have received froin me separate instructions, which will
prevent the recurrence of this mistake. The persons concerned in the vessel ,
however, cannot be held responsible for the error of the emigration officer, nor,
as already stated, has it been alleged that overcrowding was the cause of the
illness and mortality in these vessels.
It remains to be considered whether the people were deceived or removed
against their will . That kidnapping and various frauds are often practised by
the Chinese brokers who procure emigrants there can be no doubt. On the
other hand, it appears unfortunately to be the case that the people themselves
who embark are frequently cheats. They pretend to be emigrants in order to
live free of expense in the cooly ships, and then, at the last moment, when they
have received an advance of wages, they endeavour to desert the ship, or to
seize her by force, and effect a landing on the coast. This, of course, must
multiply the risks of collision, and enhance the difficulty of doing justice.
The security provided by the Chinese Passengers' Act against the use of
frauds or violence in procuring emigrants is contained in the sixth of the
regulations annexed to the Act. The emigration officer is to muster the
passengers and ascertain that they understand whither they are going, and that
they have not been improperly collected ; and he may, if he think fit, detain
the ship, and order all or any of the passengers to be relanded .
In the “ Duke of Portland” the emigration officer mustered the passengers
and gave his certificate that the ship was qualified to carry 334, and that
( 250. ) H2
 ( 60 )
the same number ( two less than were finally taken ) were on board , and
that the ship might proceed. After he had gone, and when the ship was
starting, a disturbance occurred, but was suppressed by the police, and the
vessel proceeded on her voyage .
Here I have to call your attention to the apparent conduct of the police in
the matter . The master of the ship states (at page 10 of the Parliamentary
Paper, of which some copies are sent to you herewith ), that Mr. May, the
superintendent of police, came on board, and that he left several policemen to
act as sentries during the night, and that next morning at daylight the vessel
was out of the roads. The mate stated (page 13 ), that the policemen were
accompanied by some one from the office of the charterers ; but the master says
that he is mistaken on this point, and it is evident that the master is the most
likely to have known whom he brought from the shore . If these accounts are
to be trusted, it appears strange that a superior officer of police, being a witness
of the insurrection of a large body of passengers , should have taken no steps to
ascertain the real cause of the disturbance. You will call upon Mr. May for
an explanation on the subject, and you will give strict orders that in case of
any tumult on board of aa cooly ship at the time of sailing, no police or other
force of the Government is on any account to facilitate her departure without
re- summoning the emigration officer, with proper interpreters, if necessary, to