populace, from the jostling and insults with which we are assailed.
I have no doubt that you will agree with me, that until matters are different,
merchandise brought in by me or any other foreigner cannot meet with justice
in its sale , from our complete ignorance of existing stocks or of existing wants ;
and although my intention to leave Foo-chow ' was formed immediately after
the riots, nothing has induced me to change it. I now abandon all hope of
any good being done here for a long time, and abandon an idea which I subse
quently formed, of leaving a representative to try and carry on business.
Freedom in our movements being impossible, the linnited trade which may be
done will not pay an establishment which must be of some extent to merit the
confidence of respectable firms in India and England , or be attended with profit.
I beg to lay before you a letter from the head of a firm who buy more teas
and sell more English productions than any other house in China, with whom I
had made arrangements to enable me to buy all the produce that might be laid
on this market, on reasonable terms. In conjunction with this house I had
arranged a very feasible plan , by which I expected to export of tea crop 1816
any quantity procurable in the tea country , at a cheaper rate than current in
Canton : the deas entertained by this house are, I am sorry to inform you,
general in Canton ; the letter speaks for itself,and a copy is at your disposal
if you wish it.
I think the time has now come when an accurate conclusion on the subject
of my claim for the ruin of my business , may be come to .
In the hope that something good might have taken place here, even after
the unfortunate riots from the turn of matters at Shanghae, I have been most
careful in my correspondence to calm the minds of my friends regarding this
place.
The opinion of the mercantile community being, that property is not safe
here, and the expenses of an establishment in China being so heavy that even
the wealthiest firmsare glad of commission business being given them , I humbly
beg to urge my claim to compensation for my being deprived of all business of
this nature ; and my own opinion being still that neither life nor property is safe,
from the want of protection from the authorities, I cannot be expected to entrust
to this quarter my own stock in trade.
In regard to the amount claimed, I have not the smallest doubt that from
the crop of tea of 1846 I could have netted , for commissions and profit, in
operations in the herb in this place, more than 10,0001. sterling.
I humbly beg that you will bring this to the consideration of his Excellency
Her Majesty's Plenipotentiary, as well as the magnitude of the enterprise, and
the time and money which I have spent on it, and the time that I must lose
before I can establish myself in trade again .
I am, & c .
(Signed) WILLIAM GLEN .
57
Inclosure 4 in No. 22 .
Mr. Dudgeon to Mr. Glen .
My dear Sir, Canton, May 8 , 1846.
I HAVE received your letter of the 19th ultimo. We have as yet received
no detailed accounts of the riots at Foo -chow , and are very anxious to hear
further particulars. What amount of property has been destroyed; if we are
likely to receive compensation ; when it is to be paid , & c., — these particulars
you will no doubt give us due notice of. I think you are most certainly entitled
io additional compensation for your wounds, and for loss which you actually
sustain in consequence of these riots interfering with your business, preventing
you landing goods, &c .
I am afraid that Foo-chow is finished, as a place of business ; the populace
have shown themselves so violent, and the authorities seem so little able to keep
them in order, that people will not feel inclined to trust their lives or property
there ; we certainly shall not until our confidence in the place is quite restored ,
which it will take a long time to do, I should imagine. Prompt measures must
be used by our Government in the first instance, but there are no available
men - of-war at present here to send up. I hardly know what they can do ; there
is no doubt that the longer they are of settling the matter, the more difficult
they will find it to settle. There is no news here.
Believe me, &c.
(Signed) PAT. DUDGEON .
Inclosure 5 in No. 22 .
Mr. Glen to Consul Alcock .
Sir, Foo-chow-foo, June 10, 1846 .
IN our interview to-day, you were kind enough to put me in possession of
the views entertained by his Excellency Sir John Davis, respecting part of my
claims. It is to be regretted that he should have been led to believe me charge
able with turbulent or unconciliatory conduct towards the people of Foo-chow .
To exculpate me, I request that you will make his Excellency aware of the
feeling of satisfaction at my deportment, spontaneously expressed to you by the
Chinese authorities, and the desire that I have that an inquiry should be made,
amongst my neighbours and coolies, to discover if any cause liad been given for
the reports which have reached his Excellency the Governor regarding me and
my servants.
In reference to the amount claimed for inconvenience, bodily injury, and
peril to life, I leave the sum to be fixed by Her Majesty's Government. I
was robbed of all my clothes, and every convenience of life ; I suffered severe
bodily injury, and under which I still labour ; and I with difficulty escaped from
an infuriated mob , who, without any provocation, pursued me, over the roofs
of houses, with stones and missiles, and forced me from a roof twenty feet
high.
My letter to you of the 8th current, and its inclosure, show what my
constituents think of the security of British property here. The claim which I
made for ruin to my trade, from want of that security, is not more than, being
here alone, I should have realized from the present and next year's crop of teas .
You informed me that his Excellency thinks that my prospects never were very
bright at Foo-chow. I would reply, that neither would they, in all probability,
seem to be, in the case of the merchant who may first establish himself in
Nankin or Pekin, as mercantile men in such circumstances keep their views
and prospects private, until their own purposes are served. But as any state
ment of mine may, with some justice , be considered as made to secure an object,
I can only refer
Government .
to the reports on trade made by Her Majesty's Consul to the
Had the late riots not taken place, I would have had more than one cargo
of new teas already loaded here for England, being close to the place of growth,
58
while none had arrived at Canton at the date of my last advices. I would have
gained by the start 25 per cent ., in addition to the difference in price at which
tea can be procured here.
I have spent a year to gain the position which I held before the riots ; and,
in conjunction with the most extensive house in China, was ready to buy teas
Jargely with silver, cloth , and opium , and had made arrangements for being
supplied with tca with native merchants on the spot.
To gain this position has cost me
Of outlay for house -rent, salaries, servants' wages $
and charges 8,000
Since the month of March , and on account of the
riots, I have sent away , of goods ordered by me,
to the port, as per bili of lading deposited with
you , the value of 70,000 dollars, thereby losing
of commission .. 3,500
And as all my constituents write me to ship off what
property remains from the plundering of the
mob, I lose of further commissions .. 1,800
By these riots, I have, therefore, lost a year's time, and about 14,000
dollars besides ; must lose some time, and be at some expense , before I can
establish myself in any other trade. I hope that Her Majesty's Government may
take a favourable view of my case, and allow my claim made for loss of
prospects, loss of time, and loss of money laid out by me to open up tue trade
of this port.
I beg to inciose a summary of the amounts 1 conceive myself , at this date,
justly entitled to claim , in further compensation for losses, exclusive of those
claims which you have already admitted for immediate settlement.
1 have, & c .
( Signed) WILLIAM GLEN .
Summary.
S
For loss of commission on goods not sold 5,300
Loss of papers 5,000
Outlay, loss of time, and commercial
prospects 140,000
$ 150,000
For personal injury , &c.
S
Foo-chow.foo, June 10, 1846 .
( Signed) WILLIAM GLEN .
Inclosure 6 in No. 22 .
Mr. Glen to Consul Alcock .
Sir, Foo - chow - foo, June 12 , 1846.
>
AS I am about to leave this port on account of my health and the ruin to
my trade caused by the late riots, I beg to inform you that I have been obl ged to
dispose of some cargo at a great loss to the owners of the said goods, Messrs.
Turner and Co., of Honz Kong, and as I cannot remain in this country to
prosecute this claim for these genlenen , JI beg to bring to your knowledge that
I have yesterday sold to the “ Chan - san Hong” 318 67 piculs of cotton , at the
low price of 11 dollars per picul. I could not obtain more, and as the usual
price of such ( Shanghae) cotton is nearly double this figure, I reckon it my duty
to put Messrs . Turner and Co. in possession of the materials necessary to form
1
59
1
a claim for this loss, unless you can insist on a compensation on the spot for this
sacrifice of their property from its being forced on the market at the present 1
unfavourable time.
I am, &c.
(Signed) WILLIAM GLEN.
No. 23 .
Viscount Palmerston to Sir J. Davis .
Sir, Foreign Office, September 12 , 1846 .
I HAVE had under my consideration your despatch of the 22nd of 3
June last, respecting the satisfactory adjustment by the Chinese authorities of
the claims for losses sustained by British subjects during the late riots at
Foo - chow - foo .
Her Majesty's Government have learnt with much pleasure that the just
claims for compensation in this case have been fully satisfied , and that a suitable
punishment has been inflicted on the persons convicted of participation in the
riots, and in the plundering of the property of British subjects.
With respect to the claim which has been put forward by Mr. Glen, for
compensation for the loss of the contingent profit which he supposes that he
would have made by trade had he remained at Foo -chow -foo, I cannot authorize
you to make any demandi upon the Chinese Government. The departure of
Mr. Glen from Foo - chow -foo appears, from your despatch, to be the result of his
own choice, and seems to have been determined upon by him contrary to the
advice of the British and Chinese officers on the spot, who assured him that if
he remained at Foo - chow -foo he would be protected . The only maintainable
claim which can be advanced by Mr. Glen is that arising out of personal injury
and loss of his papers, though it does not appear, from the papers inclosed in
your despatch, what the papers are which Mr. Glen has lost, whether the value
which he fixes on them is just, or what would be the proper amount of
compensation for his bodily injuries.
I have accordingly to instruct you to determine, at your own discretion, the
proper value of these two items of claim , and to demand of the Chinese
Government such an amount of compensation for wir . Glen, under this head, as
may seem to you , after due consideration of the circumstances, to be just.
I am , &c .
(Signed ) PALMERSTON .
No. 24 .
Sir J. Davis to the Earl of Aberdeen.-(Received September 23. )
.
My Lord , Victoria, Hong Kong, July 1 , 1846 .
WITH reference to my despatch of the 22nd June, on the subject
of compensation received for loss of property by plunder at Foo -chow -foo, I
have the honour to inform your Lordship that I received with no small surprise
the inclosed letter from Messrs. Gilman and Co. , expressing themselves not
entirely satisfied with the adjustment of their Agent Mr. Roper's claims.
I could scarcely do otherwise than consider Mr. Consul Alcock's arrange
ments, together with the receipts of the several parties, as final and conclusive,
and have informed Messrs . Gilman and Co., by the inclosed reply, that I cannot
concur in their claims for additional compensation, though I would at the same
time forward their letter for your Lordship’s consideration .
I have, &c .
(Signed) J. F DAVIS.
60
Inclosure 1 in No. 24.
Messrs. Gilman and Co. to Sir J. Davis .
Sir , Canton, June 23, 1846 .
IN common, we believe, with all the parties interested, we feel so grateful
for your Excellency's vigorous interference in demanding from the Chinese
Government compensation for the losses arising out of the outrages at Foo
chow -foo, that we are very unwilling to trouble you again on the subject, but
we are compelled to do so.
From the papers which we have the honour of transmitting, your Excel
lency will perceive that a partial settlement of our claims has been made, but
not one, we respectfully submit, which does us justice.
Your Excellency will see that Mr. Consul Alcock, in the first instance,
proposed to arrange our claim in the following manner :
Claim . Deductions. Admitted .
c. $ $
Treasure
..
10,526 72 10,526 72
Accounts and Papers 1,500 0 1,500
Household Furniture 390 0 99 291 0
Servants' effects .. 648 50 • 648 50
Wearing Apparel 946 50 150 796 50
..
Silver Plate and Stores 262 0 262 0
Miscellaneous Articles 1,612 70 136 1,476 70
$ 15,886 42 $ 1,885 $ 14,001 12
The propriety of the rejection of the claim for accounts and papers we frankly
admit; it was made without our knowledge, and we at once informed Mr. Roper
that it could not be sustained .
The trifling deductions made from Mr. Roper's claim for furniture and
personal effects,, we presume, are grounded on the following passage in Mr.
Alcock's letter : ---" That where claims are unsupported by valid and conclusive
evidence, a Government cannot equitably be called upon to make good the loss
of any property not strictly in keeping, both as to its kind and value, with the
position and calling of the claimant.”
We venture to think that the port of Foo -chow -foo having been formally
appointed as a place of trade and residence, all property is alike entitled to
protection, nor can we perceive that the trifling articles of luxury disallowed
Mr. Roper, were at all out of keeping with his position and calling.
Passing by these particulars, Sir, however, we find that at the final settle
ment , the sum of 14,001,42 dollars originally admitted, is still further reduced
by the following deductions :
dols . ct.
Servants' accounts 48 50
Miscellaneous 27 70
Treasure 1,052 67
We find no reasons assigned for the first and second deduction ; but in
regard to the third and very serious one, Mr. Consul Alcock makes the follow
ing observation :
“ In reference to the further deductions subsequently made in conference
with his Excellency the Treasurer, I have merely to say that while he contended
his information afforded the strongest presumption that not a third of the
amount of treasure stated to have been plundered, was in the hong at the time
of the riot, and the presumption on your side ( for this claim rested on nothing
stronger ) was in favour of the larger amount specified, I am clearly of opinion a
61
deduction of 10 per cent. upon the sum claimed was, under those circumstances,
>
both moderate in amount and just in principle.”
We beg to observe to your Excellency that the Chinese Government could
know nothing whatever of the amount of money in Mr. Roper's possession at
the time of the outrage.
The evidence of the plunderers can be of no value as to the amount they
stole , in a scene of tumult and confusion ; and were it otherwise, the character
of the parties forbids its reception. And yet, Sir, it has been held sufficient to
gainsay the solemn affidavit of a man of character, and who holds a highly
responsible situation. We submit, that if the assertion of his Excellency the
Treasurer, " that his information afforded the strongest presumption that not a
third of the amount of treasure stated to have been plundered was in the hong
at the time of the riot,” deserved any consideration, that much greater weight
ought to have been given to it.
If Mr. Roper has perjured himself by swearing that he lost three times the
amount of treasure actually in his possession, we cannot see why his claim should
have been admitted at all, and the deduction of 10 per cent. , therefore , while in
allowing it , on such grounds, Mr. Consul Alcock asperses the character of a
highly respectable man, and does the Chinese injustice, if their assertions are to
be received , and deprives us of the full compensation which your Excellency
was pleased to declare you would obtain for us, if our agent's affidavit is to be
credited .
We would further remark to your Excellency, that as a period of consider
ably more than two months has elapsed since the occurrence of this outrage,
we think we are entitled to claim interest for the time , and we are informned
Her Majesty's Consul repeatedly said interest would be allowed.
We should not have thought it necessary to call your Excellency's attention
to this point, had our other claim been satisfied ; but being obliged to address
you on the subject, we have the honour that your Excellency will
nour of soliciting that
take such measures as you see fit, to recover for us the amounts , 150 dollars,
136 dollars, and 99 dollars, originally deducted, should your Excellency deem them
admissible, as well as the secondary deduction of 27 dollars 70 cents, 48 dollars
50 cents, and 1,052 dollars 67 cents, which, with all respect, appear to us
wholly unwarrantable; and that interest at a fair rate be allowed to us.
We have, &c.
(Signed ) GILMAN & CO.
Inclosure 2 in No. 24.
Mr. Johnston to Messrs. Gilman and Co.
Sirs, Victoria, Hong Kong, June 29, 1846.
I AM instructed by his Excellency Her Majesty's Plenipotentiary, & c., to
acknowledge the receipt of your letter of the 23rd instant, which he has
attentively considered .
The mass of details forwarded to his Excellency by Mr. Consul Alcock, on
the subject of these claims for compensation, are aconvincing proof of the pains
and diligence bestowed by that energetic officer in their adjustment, in accordance
with the principles of justice to both parties. The proportion of the whole
claims recovered, and the short time in which this has been effected, without it
may be added) any expenses whatever of litigation, are such as could not easily
be paralleled in any other country; and his Excellency, on a due consideration
of the items in your letter, is sorry that he cannot concur in the reasoning with
which you advance aa claim for additional compensation.
As he wishes , however, that you should have the benefit of a reference to
Her Majesty's Government, I am desired to add that a copy of your representa
tion will be forwarded to the Earl of Aberdeen .
I have, &c.
(Signed) A. R. JOHNSTON .
K
62
No. 25.
Sir J. Davis to Viscount Palmerston .— (Received December 29.)
(Extract.) Victoria, Hong Kong, October 15, 1846 .
I HAVE the honour to inclose, for your Lordship’s sanction, areport from
Mr. Consul Balfour at Shanghae, as to a grant of 200 dollars to a Chinese boy,
entirely deprived of eyesight, in consequence of the discharge of a fowling-piece
by a British subject who could not be identified. The Consul made this grant
under instructions contained in a despatch from my predecessor, dated
January 16 , 1844, forming an inclosure in despatch of February 5 , 1844 .
Inclosure in No. 25 .
:
Consul Balfour to Sir J. Davis.
Sir, Shanghae, September 28 , 1846.
IN reference to despatch dated 16th January, 1844, from his Excellency
Sir H. Pottinger, Bart., G.C.B. , in reply to my letter of the 2nd December,
1843, I have the honour to inclose a medical certificate from the Consulate
surgeon , wherein it will be observed that one of the two boys who unfortunately
met with a gun -shot accident, has been finally examined, and is now declared
totally blind.
In pursuance of instructions contained in the fifth paragraph, I have deemed
it advisable to expend the sum of 200 dollars onhis behalf, and have accordingly
handed over that amount to the Taoutae, with the view to purchase him a piece
of land . I beg to solicit your Excellency's approval of this outlay.
The necessary vouchers will be forwarded with the quarterly accounts.
I have , &c.
( Signed) G. BALFOUR .
No. 26 .
Sir J. Davis to Viscount Palmerston.—(Received July 21.)
(Extract.) Victoria, Hong Kong, April 30, 1847.
I HAVE the satisfaction to transmit, inclosed , a very stringent proclamation
issued by Keying soon after the settlement of the late questions at Canton , in
which he calls on the populace in peremptory terms to attend to their occupa
tions, and not create disturbance, threatening severe punishment in case of
disobedience.
The observation of the American Consul, that a marked improvement had
taken place, since the late events, in the tone of all , “ from the Imperial Commis
sioner down to the lowest of the rabble, " seems to be sufficiently proved up to
the present time.
In returning to Keying, according to agreement, the witness whom he sent
down against certain persons accused of piracy,* I urged him to inform me of
the punishment of the aggressors on the seamen in October last, when they had
been discovered .
I received the inclosed reply, in which he informs me of the apprehension of
one of the culprits in that case, and of three who threw some stones on a late
occasion, and promises to report further.
In answering Keying's note, I took occasion to remark, that it is aa rule
with the nations of the west to consider any injury to the meanest of their
subjects as an injury to themselves ; and in proof I adduced the late occurrence
at Cochin-China, originating as it did in the maltreatment of the French
missionary bishop, of which some intelligence had before reached China.
* Correspondence relating to Operations in Canton River, 1847, p. 1 , et seq.
63
Inclosure 1 in No. 26.
Proclamation .
( Translation .)
KEYING, Governor-General of the Two Kwang, &c. , issues the following
proclamation.
Affairs in the provincial city have again taken their ordinary course, and
there is not the least chance of any unforeseen calamity. The shop - keepers may,
therefore, with all the other inhabitants, quietly and cheerfully follow their
pursuits . If, however, any villains create disturbance, or excite and delude the
multitude with false rumours, they will for aa certainty, as soon as it is known,
be seized and punished with all severity.
None must disobey this special proclamation.
Taoukwang, 27th year, 2nd month, 22nd day. (April 7, 1847. )
Inclosure 2 in No. -26 .
Commissioner Keying to Sir J. Davis .
( Translation .)
KEYING, High Imperial Commissioner, &c. , sends the following reply to
a letter of the Honourable Envoy on sending back Chow- tsew-che and making
inquiry about the punishment of the aggressors in October last (here follows the
substance of that despatch), which he fully perused.
The prisoner Chow -tsew -che has arrived under the escort of our officer at
Canton, and will be punished most severely for this as well as the other crimes
he has committed .
The magistrate of Nanhae has succeeded in apprehending Chow-a-ching,
one of the villains who in October last wounded the sailors of your honourable
country. This ruffian, though for days together examined by torture, has
nevertheless cunningly evaded confession . The moment, however, we obtain
sure proofs and acknowledgments of the guilt, as well as a revelation of the
accomplices, I shall state to you the manner in which they have been punished.
According to the official communications of Consul Macgregor of the 2nd
month, 26th and 29th day (11th and 14th April), some villains at Luhpoo and
Honan threw stones at the English , and I , the Great Minister, am , on account of
it, highly indignant. I ordered , therefore, the local authorities to institute strict
inquiry and seize (the aggressors). They have in consequence apprehended
Lea -tih, Woo -a-san , aud Muh-a-san, three in number, and I have given orders that
they should be punished according to law.
Whilst communicating the above, I wish you every happiness.
Taoukwang, 27th year, 3rd month, 10th day . (April 24, 1847.)
Inclosure 3 in No. 26 .
Sir J. Davis to Commissioner Keying.
Victoria, Hong Kong, April 28 , 1847. .
YESTERDAY I had the honour to receive your Excellency's despatch,
informing me, with reference to the villains who wounded the two sailors in
October last, that one ruffian had been seized and examined, and that as soon
as proofs and acknowledgments of guilt, and the discovery of the accom
plices, had been obtained, you would state the manner in which they had been
punished.
K 2
64
I shall hear with much satisfaction of the punishment of these persons, who
had the cruelty to maltreat so severely two unarmed men. When I have
received your Excellency's account of the penalties inflicted, a report shall
immediately be made to Viscount Palmerston .
It is a rule with the nations of the west to consider any injury to the
meanest of their subjects as an injury to themselves. In this respect there is
no distinction made between high or low, rich or poor. I have just received a
letter from Captain Lapierre, Commander-in -chief of the French squadron in
these seas . He proceeded to Cochin - China to protect a French missionary who
had been maltreated . The Cochin -Chinese having collected ships and troops to
oppose him , he destroyed all the ships, five in number, burning some and sinking
others, and dispersed the troops. The missionary is at Singapore.
When I have heard of the punishment of Lea-tih , Woo -a -san and Muh -a -san,
I will report this also to Viscount Palmerston for the information of Her
Majesty's Government.
Accept, & c.
( Signed ) J. F. DAVIS .
No. 27.
Sir J. Daris to Viscount Palmerston .— (Received July 21.)
My Lord, Victoria, Hong Kong, May 8 , 1847.
WHAT remonstrances from myself, and even communications from your
Lordship, failed to effect , has been happily brought about by the strong course
which I felt myself driven to adopt on the 2nd of April.
The inclosed note from Keying is an official announcement of the punish
ment of the ruffians who maltreated the two seamen in October last, and the
particulars forwarded to me by Mr. Consul Macgregor confirm this account.
The public example which I caused to be made (before I quitted Canton) of the
aggressors on Colonel Chesney served as an additional warning to the populace *
and the proclamation from the local magistrates proves that these are at last in
earnest.
It is just one month to-day since I quitted Canton with Major-General
D’Aguilar, and not a semblance of popular commotion has occurred from that
time to this. The silly anonymous placards (however contemptible in them
selves) are mischievous in tendency , and Keying has opened his eyes to the
necessity of suppressing them , as appears froma proclamation issued by him.
I am inclined to consider his proceedings partly as the result of instructions
from Peking, which have not transpired of course, but which I have no difficulty
in surmising have cautioned him against the chance of a serious rupture with us,
at his peril .
I have, &c.
( Signed) J. F. DAVIS .
Inclosure in No. 27 .
Commissioner Keying to Sir J. Davis .
( Translation .)
KEYING , High Imperial Commissioner, &c. , sends the following reply
to an official letter of the Honourable Envoy, respecting the punishment of
some criminals who assaulted two English sailors in October last here follows
the substance of that despatch ).
The Nan-hae Magistrate reported respecting this affair , that he had, after
making inquiry, apprehended Chow-a-ching, and I ordered him to obtain his
* See Correspondence relating to Operations in Canton River, 1847, p. 14, et seq.
i
65
true deposition, and ascertain who were his accomplices, that they might
be seized with all rigour and prosecuted. The said magistrate stated subse
quently that he had interrogated him by torture for several days, and Chow
a - ching then confessed, that he was 24 years of age, living in Nan -hae district,
Yew-lan street, and a pedlar by profession. He was on the 28th day of the
8th month (October 1846) last year in Kaoute alley, when he saw two
foreigners followed by an immense crowd. Whilst he was looking on, he availed
himself of this opportunity to beat these foreigners with his fists. At that
moment, a man whose name and surname he does not know, took a club, and
knocked a foreigner down ; but the soldiers and police came to the rescue, and
they then ran away and dispersed : and words to that effect.
( The magistrate) then sent his police -runners to seize others, and they
apprehended one Leang-a-kew, who stated that he was 22 years of age,
and belonging to Haou -pwan street, and selling pork in Kaoute street. On the
28th day of the 8th month (October 1846) last year, two foreigners came
there followed by a crowd, and he being apprehensive that his stall might be
thrown down by the throng, struck those foreigners with a club.
This evidence being true and agreeing with the confession of Chow - a-chiug,
this man as well as Leang -a -kew received each forty blows, for though the law is
not severe in such cases, their punishment ought to be more comprehensive.
As, however, Leang-a -kew had shown greater ferocity on this occasion, it was not
expedient to be lenient towards him, and he was therefore imprisoned with fetters
for five months, in order to deter others . The above details are forwarded for
examination .
As it is apparent that Chow-a- ching and Leang-a-kew without any cause beat
those sailors—an act very detestable — the said magistrate seized and examined
them, and having ascertained the above, punished them severally with the
bastinado and imprisonment, in order to strike terror.
I therefore send this reply to you the Honourable Envoy, and would trouble
you to examine into this matter, whilst I wish you every happiness .
Taoukwang, 27th year, 3rd month, 18th day. (May 2, 1847.)
No. 28 .
Sir J. Davis to Viscount Palmerston .— (Received July 21.)
My Lord , Victoria, Hong Kong, May 22, 1847.
ON. the 16th instant, I heard from Mr. Consul Macgregor, that a Malay
>
sailor employed on board an English boat had been robbed and severely ill-used
in one of the streets of Canton .
I immediately sent off the inclosed note to Keying, calling for the immediate
punishment of the guilty, in order that I might report it by the present mail.
În three days I received the annexed reply, informing me that the robber and
assailant was condemned to the bamboo and Chinese pillory. This was confirmed
by a separate despatch from Consul Macgregor.
In acknowledging this, I deemed it right to communicate the purport of
your Lordship's despatch regarding Mr. Compton,* and the punishment that
would await any British subjects guilty of killing Chinese, otherwise than justi
fiably in self-defence, or by accident.
As Keying, in one of his notes had observed, that “ British subjects, who
came to Canton, only required factories and warehouses, ” I thought it expedient
to reply to him , by the inclosed, that at Canton , they had not as yet had even
these in sufficient plenty. It became necessary to add , at the same time, that
besides factories and warehouses, they required very essentially the “full security
fortheirpersons and property, ” which formed the very first Article of the Treaty
of Nanking.”
I have, &c.
(Signed ) J. F. DAVIS .
* See Correspondence relating to the Riot at Canton in July 1846, and the proceedings taken
against Mr. Compton , 1847.
66
Inclosure 1 in No. 28.
Sir J. Davis to Commissioner Keying.
Victoria , Hong Kong, May 16, 1847.
I BEG to inform your Excellency that I have received a despatch from
Mr. Consul Macgregor , stating that another brutal assault has been committed
on a Malay sailor, belonging to an English lorcha, who was robbed and savagely
beaten, when found, by himself, unarmed, at a distance from the foreign factories.
I write immediately to request that the perpetrators of this outrage may be
punished according to your promise, lately received, that you would faithfully
restrain the Chinese of Canton. I before communicated a message from my
Government, that if acts of outrage on British subjects were not prevented, ii
would become necessary to punish the innocent with the guilty . The mail will
be dispatched in nine days to England, and I wait to report the punishment of
the criminals .
Accept, &c.
(Signed ) J. F. DAVIS .
Inclosure 2 in No. 28.
Commissioner Keying to Sir J. Davis.
( Translation .)
KEYING, High Imperial Commissioner, &c . , sends the following reply to
I
a letter of the Honourable Envoy, respecting the assault on the lascar (here
follows the substance of that note ).
Consul Macgregor wrote to me that one Saptu, an English subject, went on
the 28th day, 3rd month ( 12th May ), into the streets at Tesanpoo, to purchase
some articles, and was there beaten and robbed . He therefore requested that I
might issue orders to punish (the aggressors) with severity.
Whilst I was on the point of ordering an investigation of this affair, the
Nan-hae magistrate reported, that he had seized the criminal Woo - a -luh, who had
beaten and robbed a British subject , and recovered one dollar, stolen from him .
When judicially examined, he confessed that he was a workman and native of
Nan-hae. Hewent out on the 28th day of the 3rd month ( 12th May) to look
for some employ, and came to the ward of Tesanpoo, where he found a great
crowd in the street, and, looking about, he perceived a British subject in the
midst of it . He then took a flat bamboo, which is used for carrying things ,
and wounded him with it, and on observing some money in his purse, he availed
himself of this opportunity to snatch a dollar from him . Just when he was on
the point of running away, he was apprehended by the police and municipal
constable, and delivered over to justice ; and a similar statement .
It thus appears that Woo-a-luh committed an atrocious assault on a British
subject, and snatched away some money, which was extremely vile, and he
ought therefore to receive his sentence according to law. We consider bim in
the light of having assaulted another for the sake of seizing some property, and
he ought therefore to be punished two degrees more severe than the amount of
the robbery would demand. He who steals less than a tael receives sixty
strokes, but when two degrees are added to it, they will amount to eighty,
commuted into thirty, laid on with a large bamboo, and he is moreover sentenced
to wear the cangue a month , in order to strike terror into others. The money
recovered was handed over to Consul Macgregor, to restore it to the owner.
Such is the report presented for my perusal, and from the above it would
appear that Woo -a -luh, without any cause , beat and wounded an English sailor,
and moreover robbed him of money, which is very detestable. The sentence
pronounced by the magistrate, that he should receive the bastinado, and wear
67
the cangue, is sufficiently severe to deter others ( from similar acts), and the
money has been, through Consul Macgregor, returned to the owner.
I thought it my duty to communicate the above to you, the Honourable
Envoy, and request you to peruse the same, and writing this answer, wish
you every happiness, &c .
Taoukwang, 27th year, 4th month, 3rd day. (May 16, 1847.)
Inclosure 3 in No. 28.
Sir J. Davis to Commissioner Keying.
Victoria, Hong Kong, May 19, 1847.
I HAVE the honour to acknowledge your Excellency's note, informing me
that Woo -a-luh, who assaulted and robbed a Malay sailor, has been punished
with the bamboo and cangue .
It being highly necessary to restrain both Chinese and English, I have
received a despatch' from Viscount Palmerston , severely reprehending Compton.
Should Compton be guilty of another offence, he must be removed from Canton.
But the fear of punishment will now restrain him . By the English law, should
a British subject maliciously kill a Chinese (not being compelled to do so in
defence of his person or his property) , he will be tried, and being found guilty of
murder, will suffer death .
I tender, &c.
(Signed) J. F. DAVIS .
Inclosure 4 in No. 28.
Sir J. Davis to Commissioner Keying.
Victoria, Hong Kong, May 20, 1847.
I HAVE the honour to acknowledge the receipt of your Excellency's note,
in which it was stated that “ the British merchants who come to Canton only
require factories and go -downs .” Your Excellency is well aware that they have
not yet had sufficient factories and go-downs for their goods, and it has therefore
been necessary to seek a location at Honan , as well as a place for a church,
according to the Treaty.
But besides factories and go -downs, it is absolutely necessary that British
subjects be not maltreated by the rabble . According to the first Article of the
Treaty of Nanking, they must “ enjoy full security for their persons and property
within the dominions of China." Your Excellency's great intelligence will
perceive that unless the first Article of the Treaty is maintained, all the rest is
useless. Viscount Palmerston has already stated that unless the rabble of
Canton is restrained , hostilities against the city with a military and naval force
may become necessary, and then the innocent will be involved with the guilty.
The whole subject is included in these words— “ Restraining the rabble. ” At
the other four ports, commerce and peace are uninterrupted .
Since Canton is not very well adapted to European trade, itmaybe expected
that the trade will gradually proceed to other ports; but this should be allowed
to take place gradually and safely, and not by the violence of the rabble,
producing national quarrels.
I tender, & c .
( Signed ) J. F. DAVIS .
68
No. 29.
Viscount Palmerston to Sir J. Davis.
Sir, Foreign Office, July 23, 1847.
I HAVE received your despatch of the 22nd of May, respecting the
ill -treatment, at Canton, of a Malay sailor employed in a British lorcha, and the
subsequent punishment of the party who injured him.
I have to instruct you to state to Keying that Her Majesty's Government
have learnt with great pleasure the promptitude with which he has done justice
on this occasion by punishing the offender.
You will further say , that the British Government most earnestly desire
that peace and friendship shall be maintained between England and China, and
they are sure that this is also the wish of Keying, and of the Emperor; and if
Keying will continue thus vigorously to use the power which the Emperor has
granted him , and will employ that power to prevent and punish all acts of
violence and injustice on the part of Chinese towards British subjects, the British
Government, on its part,will take care that British subjects shall act with justice
and kindness towards the Chinese ; and thus peace and goodwill shall long
continue to be maintained between the two nations, for the equal advantage of
both .
I am, &c.
(Signed) PALMERSTON .
No. 30.
Sir J. Davis to Viscount Palmerston.—(Received September 25.)
My Lord, Victoria , Hong Kong , May 31 , 1847.
SOME time since, the conduct of the Chinese vagabonds in the neighbour
hood of the foreign factories seemed calculated to giveus trouble, but I am glad
to report that the difficulties appear, at length, surmounted.
On the 26th I received the inclosed note from Keying, contained general
assurances of protection from the rabble ; but as Consul Macgregor informed
me, at the same time, that the Chinese guard at the Consoo-house was altogether
remiss and inefficient, it became necessary for me to address the annexed strong
remonstrance to Keying.
I also deemed it right to convey instructions to the Consul, in the inclosed
despatch , as to what should be done to repel the violence of the rabble should
they resort to throwing missiles — a practice which they have fortunately discon
tinued, confining the exhibition of their temper to attacks upon certain boat
sheds by the river-side, and dispersing immediately on the sight of our people.
The inclosed satisfactory reply from Keying to my previous note has put
me more at ease as to the efficiency of his provisions for the preservation of
order, and late accounts from the Consul intimate that tranquillity has been
restored .
I have, &c.
( Signed) J. F. DAVIS .
Inclosure l in No. 30 .
Commissioner Keying to Sir J. Davis.
(Translation .)
KEYING , High Imperial Commissioner, &c. , sends the following reply to
a letter of the Honourable Envoy about restraining the lower orders.
It is the duty of me, the Great Minister, to protect the foreigners who
come to China for the sake of trade. I have, therefore, given very strict orders
to the local authorities to seize and punish every villain who, without any cause,
1
69
commits an outrage on a British subject, and repeatedly stated this in my replies
to you , as is on record.
I trust that the Honourable Envoy is perfectly convinced that, in every
matter which concerns foreign nations, II alwaysproceed according to the Treaty,
and am unwilling to act contrary to my instructions.
Whilst forwarding this answer I wish you much happiness .
Taoukwang, 27th year, 4th month, 11th day. (May 24, 1847. )
Inclosure 2 in No. 30 .
Sir J. Davis to Commissioner Keying.
Vicloria, Hong Kong, May 26, 1847 .
I HAVE just received a note from your Excellency stating that youwill
always do what is requisite for restraining the lower orders of the Chinese from
acts of violence .
I have had a despatch from Consul Macgregor, stating that the officer at
the Consoo House does nothing to disperse the rabble who crowd about the
factories. Is this restraining the lower orders ? The vagabonds about the
factories have endeavoured to burn or pull down the boat-sheds near the river.
Thus, it is plain that the rabble is not restrained, although your Excellency tells
me it is. I again purposely dispatch this notice.
I had before to inform your Excellency that new troops were coming to
relieve or change the garrison of Hong Kong. It was originally intended to
send away the old troops when the new arrived ; but if your Excellency allows
the rabble every day to make disturbances about the factories, it will be neces
sary to keep the old troops also, in order to protect our people ; and my
Governmentmay require that of your honourable nation to pay for this additional
expense.
Accept, &c.
(Signed ) J. F. DAVIS .
Inclosure 3 in No. 30 .
Sir J. Davis to Consul Macgregor.
Sir, Victoria, Hong Kong , May 28, 1847.
I HAVE received your despatch concerning the disorderly conduct of
the Chinese vagabonds about the foreign factories. On this subject I will
cite the following passage from a communication which Viscount Palmerston
instructed me to make publicly to Keying, and which was made as long ago as
as the 30th January last : “ You will request the Chinese authorities to bear in
mind that, if they shall be unwilling or unable to keep order ,the British subjects
will defend themselves, and the greater the violence of the mob the greater will
be the loss of life inflicted on them ."
It appears that the efforts of the rabble have been confined to attempting the
destruction of a boat- shed by the river side, the source of much irritation ; but
that they have not assailed our people with stones as formerly . If so assailed,
self -defence becomes a necessary measure, and forbearance might encourage the
mob to worse acts . I have repeatedly called upon Keying to preserve order, and
received from him assurances that he will. As it appears from your letters that
little or nothing has yet been done by the guard at the Consoo House, you
should never neglect an occasion of protesting against such remissness to Keying.
I have, &c.
(Signed) J. F. DAVIS.
L
70
Inclosure 4 in No. 30.
}
Commissioner Keying to Sir J. Davis.
(Translation .)
KEYING, High Imperial Commissioner, & c., sends the following reply to
a letter of the Honourable Envoy respecting the late occurrences near the
factories, and the retention of the old soldiers. (Here follows the substance of
that despatch .)
I have already given orders to the magistrate to seize the ruffians who fired
the shed . The officers and soldiers stationed the Consoo House have been
degraded and flogged, as a warning to others. If these military officers prove
again negligent, they will for a certainty be denounced with all severity, and not
the slightest forbearance shown to them . I , the Great Minister, have moreover
appointed an additional garrison at the station near the foreign factories, to patrol
about there. The expenditure for rations and other necessaries will thus be
considerable .
Your old soldiers need not to be retained for the protection of (British)
merchants and people, so as to entail aa rast expense on your honourable country.
But if you say, that a demand for the payment of the same will be made on
China, I presume that the existing friendly relations between us will prevent this,
and suppose that your honourable country will never bring forward such a claim .
Whilst sending this answer I wish you every happiness.
Taoukwang, 27th year , 4th month , 15th day. (May 28 , 1847.)
No. 31 .
Sir J. Davis to Viscount Palmerston .- (Received September 25.)
My Lord, Victoria, Hong Kong , June 14, 1847.
I RECEIVED , some time back , from Mr. Consul Macgregor, a report of
stones having been thrown from the shore, at an English boat on the river,
containing tive persons, on the 28th ultimo.
Having waited some time without hearing of anything as to the punish
ment of the aggressors, I wrote the inclosed note to Keying, on the 7th instant .
I have since received, through the Consul, the annexed report of the exami
nation and chastisement of the culprits .
I have, &c .
( Signed ) J. F. DAVIS .
Inclosure 1 in No. 31 .
Sir J. Davis to Commissioner Keying.
Victoria, Hong Kong, June 7, 1847.
I HAVE to acquaint your Excellency that Consul Macgregor has not
informed me that any reparation whatever has yet been given for the stones
thrown at an English boat, containing five persons, upon the river, on the
28th of May .
I before communicated to your Excellency a message from Viscount
Palmerston, that, “ if the Chinese authorities will not, by the exercise of their
own power, punish and prevent such outrages, the British Government will be
obliged to take the matter into their own hands, and it will not be their fault
if, in such case , the innocent are involved in the punishment which may be
sought to be inflicted on the guilty .” I hope to be able soon to report to
Viscount Palmerston the punishment of those who threw the stones.
Accept, &c.
(Signed ) J. F. DAVIS .
71
Inclosure 2 in No. 31 .
District Magistrate Le to Consul Macgregor.
( Translation .)
LE, Acting District Magistrate of Pwan -yu , hereby makes a communica
tion .
I have received your letter, stating (here follows an abstract of the letter
from Her Majesty's Consul to the District Magistrate, dated June 9, 1847,
regarding the proceedings in the case of an assault upon Mr. Murrow ).
On this reaching me I referred to the records, and find that the two
criminals, Koo -a - ching and E-a-paou , on being interrogated , both deposed alike,
that on that day they saw a foreign boat near the shore, moving about for
amusement ; that the children of the neighbourhood , being alarmed , picked up
and threw tiles; and that they also, immediately afterwards, picked up broken
bricks, which they threw into the water ; and that there was really no intention
to strike any one.
As it seemed to me that if there had really been an intention to throw
stones, they would, under the circumstances, have wounded some one or struck
the boat, their deposition — that it was on account of being alarmed , and by no
means intentional — was credible ; and the sentence, that they should each be
beaten with the lesser bamboo, was of itself severe, there being a difference
between this case and the actual infliction of wounds . The two criminals were
then, on the 1st of June, and in the Second Hall of my office, separately
severely beaten , and liberated, in accordance with the sentence.
As is fitting, I now give you another communication, that you may make
yourself acquainted with it, and send in a statement ( to Her Majesty's Pleni
potentiary). A necessary communication.
June 11, 1847.
No. 32 .
No comments yet.
Private notes are available after approval.