china — Page 7

Sir J. Davis to Viscount Palmerston .- (Received September 25.)
My Lord . Victoria , Hong Kong, July 1 , 1847
I HAVE received from Mr. Consul Macgregor the annexed translation of a
proclamation from the Prefect and District Magistrates of Canton, enjoining on
the people a proper behaviour towards foreigners. Though the paper is
addressed to the people themselves, I have to observe that the obnoxious word
“ barbarian " is not once used in it — a punctilio which has formerly been almost
entirely confined to documents addressed directly to ourselves . This, therefore, is
an improvement.
The notification dwells on the importance of preserving peace by an
abstinence from all aggressive acts . It is now generally known that my coercive
measures in April last were for the express purpose ofprocuring satisfaction for
attacks on British subjects ; and your Lordship will perceive, from the inclosed
proclamation , that the gentry and elders have become convinced of the necessity
of repressing those under their control.
I addressed the inclosed letter to Mr. Consul Macgregor with reference to
this subject.
I have, &c.
(Signed) J. F. DAVIS .


Inclosure 1 in No. 32 .

Proclamation .
(Translation .).
WANG , Prefect of Kwang -chow , with his subordinates, Chang, District
Magistrate of Nan -hae, and. Le, District Magistrate of Pwan -yu, hereby issue,
with fervent earnestness, a notification in repetitionn ::
I. 2
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Whereas we, as servants of the Emperor in this province, regard the people
subject to our authority all as our own children, and settle all local affairs, no
matter whether great or small, in accordance with the principles of common
reason, with the view of maintaining general peace ; how shallwe be willing to
harbour the slightest degree of selfishness tending to partiality and oppression ?
Now the foreign merchants who cross the seas from a distance to come to
Kwang -tung to carry on trade, are certainly not so unreasonable as to desire to
have difficulties with the natives, and thereby hinder their business. Hence, as
they, when they land to wander about for amusement, or go along the sides of
the river in boats, do not make any disturbance, you , if you would display
equity and justice, ought on such occasions all to attend quietly to your own
duties .
We, the District Magistrates of Nan -hae and Pwan -yu, having some time
ago jointly issued a perspicuous proclamation on this subject, the merchants,
people, and literati haverecently come to perceive in some measure the reason
of it ; and we learn that the intelligent literary gentry of the surrounding
country have laid down rules with reference to this matter, and given injunc
tions to their sons and younger brothers accordingly ; in consequence of which
there has for a month past been great quiet and no trouble. This conduct
adequately records the high purposeof the high authorities to cherish and show
kindness to all alike. But in the midst of quiet. we ought still more to look
forward to a perpetual absence of suspicion and jealousy , in order to attain
(continual) peace ; and it is therefore proper that we issue, with fervent earnest
ness , a notification in repetition.
For this reason we hereby issue a proclamation to the people within our
jurisdiction for their full information . Hereafter, when it occurs that foreigners
wander quietly about for amusement, it is absolutely necessary that you treat
them in accordance with the principles of common reason . Let fathers lay their
injunctions on their sons, and elder brothers admonish the younger, and quiet
will exist for a length of time. Should it happen that ignorant people assail the
foreigners with bricks or stones, or make use of bad language to then , the Te-paou
( constables), & c ., must exert themselves sincerely in remonstrating with and
stopping them , with the view of avoiding the provocation of disturbances, and
the mutual infliction of injuries, and of removing for ever the line of
distinction .
That all may enjoy the blessing of universal tranquillity is really what we
greatly hope for. Do not oppose this special proclamation.
June 22 , 1847.




Inclosure 2 in No. 32 .

Sir J. Davis to Consul Macgregor .

Sir, Victoria, Hong Kong, June 29 , 1847.
I HAVE received your despatch of the 25th instant, inclosing translation of
a joint proclamation from the Prefect of Canton and the District Magistrates,
calling on the people to conduct themselves properly towards foreigners.
This is the most satisfactory document of the kind that has appeared yet,
more particularly as it states that the gentry and elders have taken a part with
the Government in favour of foreigners, and have made it their care to repress
all attempts at aggression, as already hinted at in the last address from Honan .
This is infinitely more likely to be effective than the unassisted efforts of the
mandarins. If foreigners on their part are duly restrained by penalties, adequate
in amount and certain in execution , I doubt if there has ever been so little
prospect of disturbances as at present.
I have, & c.
(Signed) J. F. DAVIS.
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No. 33 .

Sir J. Davis to Viscount Palmerston.— (Received September 25.)
My Lord, Victoria, Hong Kong, June 14, 1847 .
I HAVE the satisfaction to announce that the site for a church at Canton
has been finally secured, as announced in the inclosed despatch from Consul
Macgregor. But besides the church , this includes the most important object of
blocking up the obnoxious thoroughfare of Hog Lane, and obtaining all the
space between that and the river - the great source and seat of all mobs and
tumults at the foreign factories . The plan transmitted with my despatch
of the 7th instant, will show the position in question ; and I may add that
were this the only result of my visit to Canton two months ago, it was well
worth the pains.
To my “ Declaration ” conveyed through the Consul to the gentry and
elders of Honan (as transmitted in despatch of 31st May) I have since
received , through the same channel, the inclosed most respectful reply. Your .

Lordship will perceive the entire revolution in the former style of communication,
and it appeared to myself that the first steps should be encouraged. As they can
now have no sort of doubt as to our power, ( indeed the altered style of their
addresses is the best proof of it,) we need scarcely scruple to show them our
reasonableness and moderation ; and if this ( coming after the first) has not a
favourable effect, the human nature of the Chinese must be an exception to all
others.
I have thought it right to publish both of the foregoing documents, with
the annexed notice . Two warehouses have already been offered at Honan , on
the other side of the river ; but there are, in my opinion, on the same side of the
river with the British factories, and contiguous to them, greatly preferable ware
houses and sites for building which belonged to the late hong-merchants, an
which may now be had by our commercial people .
I have received the inclosed note from Keying, informing me of the final
settlement of the church site and adjoining open space, and of the progress of
negotiations for warehouses, &c .
It is satisfactory to find that the names of six of the vazabonds who
attacked the boatsheds are specified as having been captured , and I make no
doubt of their being summarily punished , as the Chinese themselves dread the
consequences of such acts. Keyirg likewise announces the appointment of
efficient officers and men at the Consoo House (the previous cnes having lee :
punished for their remissness ), and I entertain little doubt of order being at
length preserved.
But the chief ground of expectation that we shall have quiet for the future
is the stoppage of the old thoroughfare called Hog Lane, and the conversion of
a portion of the space to a church site, according to my agreement of 6th April.
I have, &c.
( Signed ) J. F. DAVIS.


Inclosure in No. 33.

Commissioner Keying to Sir J. Davis.
( Translation .)
KEYING , High Imperial Commissioner, &c., sends the following com
munication.
I received the note of the Honourable Envoy on the subject of the ground
which the merchants of your honourable country requested to rent, in order to
build houses on. There are wanted six shops at the south end of Hog Lane ;
and, according to the statement of Consul Macgregor, the open space at the
landing-place, between the two flower gardens, is likewise required.
Having dispatched my deputed officers to arrange this matter, in conjunc
tion with the local authorities and the old hong merchant, Woo -e-ho, and
others, they reported that the title - deeds of the owner of the four shops within
the railing (gate), at the south -end of Hog Lane, had been handed over to
 74

Consul Macgregor for examination. The two shops outside the railing (gate)
were erected by the whole community of Suh -yo Street , and let by their agent,
together with the remaining ground at the landing -place, the proceeds of the
rent being applied to provide incense and candles for the Hwa-kwang temple.
There are no title- deeds.
Woo - e -ho being, on the 25th day of the 4th month (7th June) , invited
to a conjoint consultation, it was settled by the parties in person with Consul
Macgregor, that the price of the four shops within the railing (gate) should be
paid according to (the amount mentioned in ) the title -deeds , and for the two
outside the railing (gate), 375 taels , to make good the costof building them ;
but, besides this , no shop -rent was to be charged . The ground -rent, both
outside as well as inside the railing (gate), together with the free space between
the two flower gardens, is to be three cents per square foot, English measure
ment. The moment the houses are pulled down, and the ground accurately
measured, an agreement will be drawn up for the payment of the money , which
W00 - e -ho will receive .
Respecting the ground to be rented for building warehouses on it, which
cannot be speedily procured, Consul Macgregor remarked, that if there were any
finished warehouses to the east of the Consoo Hong, the British merchants
might rent them ; and words to that effect. On inquiry, it appears that there
are the Kwang -le, Tien -paou, Tung-shun, E -sang, and Tung-fow packhouses,
five in number, and at Honan two others, belonging to Woo , which all may be
rented . A list of them has now been given to Consul Macgregor, that he may
manage this affair,but it is not yet settled.
1, the Great Minister, find, on examination, that my deputed officers and
others, settled about the shops in Hog Lane, and the free space outside the
railing, with Consul Macgregor, and that this matter is finally brought to a
conclusion . There are, moreover, warehouses at several places, all ready, to be
let, where merchants may take up their abode. I therefore request the Honour
able Envoy to direct Consul Macgregor to state in his reply whether or not
these buildings , as specified in the list of my deputed officers, are available, so
that this affair may be managed properly.
The military of the district have already seized some of the villains who set
fire (to the shed ), viz. : Wana-keuen, Le -ashing, Le-alung, Heua -hwuy, Leang
:


a-seay, and Shih -ashwuy, six in number, who will, for a certainty, most severely
be punished as soon as the evidence at their examination proves conclusive ; and
we shall not show the slightest mercy towards them .
I have also increased the military force at the Consoo House by two
officers, to co -operate with the civil and military mandarins previously appointed,
and to patrol day and night. The precautionary measures for affording security
are now, therefore, more effective than before . If any disturbance arises , there
will be no difficulty in apprehending the ruffians, and the rabble will henceforth
know to keep away .
Whilst sending this communication, I wish you every happiness.
Taoukwang, 27th year, 4th month, 28th day. (June 10 , 1847.)

No. 34.

Sir J. Davis to Viscount Palmerston.- (Received September 25.)
My Lord, Victoria, Hong Kong, June 29, 1817.
WITH reference to my despatch of the 14th instant, forwarding a note
from Keying in which I was informed that six of the vagabonds implicated
in the attempt to destroy the boatsheds had been seized , and most severely
punished as examples, I have the honour to report that Consul Macgregor has
announced to me that three of them have been condemned to eighty blows with
the greater bamboo, with the cangue in perpetuity, which is in fact a lingering
death, and the other three to one month of the cangue, and eighty blows on
being released.
The Consul was perplexed by the term “ impropriety,” the title of the
Chinese law under which these culprits were condemned ; but it is in fact a most
sweeping and summary law ,, intended to comprehend all possible cases where
any doubt may be entertained as to the existence of a particular law to meet a
 75

particular case ; and I apprehend that, where foreigners are concerned, the
Chinese magistrates may suppose that such is frequently the fact.
At all events, we can have nothing to object on this occasion to the mildness of
the sentence, which is severe enough, and that is what chiefly concerns us. It
so happens that the very law in question against “ impropriety ” was the subject
of my own observations some years ago, and I have drawn the Consul's attention to
its real nature and tendencies in the inclosed letter and extract.
I have, & c.
(Signed) J. F. DAVIS ,

P.S. — Since the above was written, Consul Macgregor has reported] the
punishment by the Chinese authorities of an additional prisoner in a case of
assault , which occurred as long ago as the 17th of May. This voluntary act on
theirpart, on an occasion when other culprits had already been chastised, is a
proof that the Chinese Government is in earnest, and that we may expect less
trouble at Canton for the future . The present is another instance of the
(so -called) law of “ mpropriety,” and corroborative (as I have observed to the
Consul) of my conclusions respecting the law in question .
J. F. D.


Inclosure 1 in No. 34.

Sir J. Davis to Consul Macgregor.

Sir, Victoria , Hong Kong, June 18, 1847 .
I HAVE received your despatch regarding the punishment of the six
persons implicated in attempting to fire the boat-sheds by the water -side.
The point that principally concerns us is the amount of punishment inflicted,
which seems severe enough , as three of the culprits are in addition to the
infliction of the heavy bamboo) to be cangued in perpetuity, which is, in fact,
equivalent to death .
It is difficult for us to enter fully into the notions entertained by the Chinese
as to the moral relation between intention and effect. They may differ from us
as much on this point as on many others, and provided that the aggressors are
severely punished, I do not see that the question greatly concerns us, unless it
were made a plea for insufficient reparation . With regard to what you observe
concerning the Chinese law against “ impropriety," I feel convinced that the
sweeping statute under that name is adopted by the Chinese Government as the
most summary in cases where foreigners are concerned, when they consider that
no other existing law has made due provision for punishment.
The inclosed extract from my work on China remarks the very law in
question.
I have, &c .
(Signed) J. F. DAVIS .


Inclosure 2 in No. 34.

Extract from Sir J. Davis' Work on China, relative to the Chinese Law against
“ Impropriety .”
A THIRD defect is the occasional manifestation of a jealous fear, on the
part of the Government, lest in the execution of its enactments the judge
should ever find himself hampered or impeded by too great clearness of definition ,
or the subject derive too much protection from the distinct statement of crime
and punishment. Hence those vague generalities by which the benefits of a
written code are in a great measure annulled. The following enactment is a
specimen : “ Whoever is guilty of improper conduct, and such as is contrary to
the spirit of the laws, though not a breach of any specific article, shallbe punished
at the least with forty blows, and when the impropriety is of a serious nature,
with eighty blows. "
 76


Inclosure 3 in No. 34.

Sir J. Davis to Consul Macgregor.
Sir, Victoria, Hong Kong, June 21 , 1847.
I HAVE received your despatch , with its inclosure, relative to the
punishment of another of the aggressors on Messrs. Burbank and Edwards on
the 17th May. It plainly confirms the opinion I many years ago formed as to
the intention of the comprehensive and general law concerning “ Impropriety,"
namely, that it is intended to sweep within its range any offences that might be
too lightly punished under any particular law . The manner in which this case
has been followed up with thepunishment of an additional prisoner, augurs well
of the sincerity of the Local Government in its wish to do us right.
I have, & c.
(Signed) J. F. DAVIS.


No. 35.

Viscount Palmerston to Sir J. Davis.

Sir, Foreign Office, October 12, 1847.
I HAVE to acquaint you that Her Majesty's Government consider the
proclamation of the magistrates at Canton, inclosed in your despatch of
the 1st of July, to be very satisfactory, as proving not only that the magistrates
themselves are resolved to take effectual measures to enforce the proper treatment
of foreigners by the Canton populace, but also that they have reason to rely
upon the cooperation of the respectable portion of the community for that
purpose.
I am , &c.
( Signed ) PALMERSTON .



No. 36 .

Viscount Palmerston to Sir J. Davis.

Sir , Foreign Office, October 12, 1847.
I HAVE received your despatch of the 19th of June, reporting that
six persons concerned in the attempt to burn the boat-sheds near the
factories in the month of May last, had been sentenced to be severely punished ;
and that another person engaged in an assault committed in the same month on
two British subjects , had also been punished.
I have to instruct you to state to the Chinese High Commissioner that Her
Majesty's Government are much gratificd by the spirit of justice on the part of
the Chinese Government , which has been proved by their proceedings in these
cases ; and Her Majesty's Government cannot doubt that the punishments
inflicted on these offenders will tend to deter others from similar crimes, and wil
thus prevent any interruption of the friendly relations which Her Majesty's
Government are so desirous of seeing maintained, and, if possible , even improved,
between Great Britain and China.
With regard, however, to the men who have been sentenced to the perpetual
cangue, however just and well-deserved by them that punishment must be
considered as being, yet Her Majesty's Government would be glad that in a case
where the outrage was committed on British property, the offenders might be
treated with some small degree of indulgence more than they deserve, in order
that the Chinese people may see that the British Government demands
punishment not so much from feelings of vengeance against the offenders, as
in order that the example may prevent similar acts by other persons, and that
thereby British subjects in China and their property may be safe from molestation
and violence. Therefore, as these men have been punished by the bamboo, and
 77

will , when this despatch reaches China, have undergone several months of the
punishment of the cangue, Her Majesty's Government would consider it as a
favour to themselves if these men were then at once to be pardoned and
released.
I am , &c.
(Signed) PALMERSTON .


No. 37.

Viscount Palmerston to Sir J. Davis.

Sir, Foreign Office, October 12 , 1847.
I HAVE received your despatch of the 14th of June, reporting that
two Chinese who had thrown stones at a party in an English boat on the
Canton river had been punished ; and I have to state to you, with reference to
this matter, that it will be desirable , in future, that the British Consul, or some
person authorised by him, should be present at any punishment inflicted on
Chinese for assaults or outrages on British subjects, because the mere assertion
of the Chinese officers that such persons have been punished cannot, of itself,
be considered as sufficient and satisfactory proof that any punishment has been
inflicted .
IΙ am,, &c.
( Signed ) PALMERSTON .


No. 38 .

Viscount Palmerston to Sir J. Davis.

Sir, Foreign Office, October 12, 1847.
I HAVE received your despatch of the 31st of May, inclosing, among
other papers, copies of a note which you had addressed to Keying relative
to the inefficient measures adopted by the Chinese authorities for restraining the
Canton mob ; and of an instruction which you had given to Mr. Consul
Macgregor, prescribing the line of conduct to be observed by him if the mob
should resort to acts of violence against British subjects : and I have to acquaint
you that I approve of those papers..
I am, &c.
(Signed ) PALMERSTON .


No. 39.

Sir J. Davis to Viscount Palmerston.-(Received October 21.)
(Extract.) Victoria, Hong Kong, August 20, 1847.
THE want of protection from the Government has led to the maintenance,
at a considerable expense, of what are called " village braves,” a species of
irregular militia, who (as might have been expected in China) have proved not
only expensive, but often troublesome to their employers. The people have
publicly expressed their desire and intention to pay this irregular militia out of
the taxes due from them to the Government, finding, as I expected they would,
that they a great burthen upon themselves.
Such is the present state of things in the Canton province.
Having noticed to Keying that the continuance of the irregularities of this
undisciplined militia must endanger the public peace, I received from him the
inclosed reply. He admits the fact, and explains it partly in the manner above
stated, adding, that they had “ carried things too far," and must be controlled,
which, I fear, is beyond his power .
On the 12th instant I received the despatch from Consul Macgregor which
is transmitted herewith .
Some Englishmen and other Europeans went, on the 8th , in two Chinese
M
 78

boats, up the river, two or three miles above Canton. A party of the village
militia were exercising on shore with guns, &c . , and the Chinese boatmen soon
betrayed an anxiety to return, which was increased on three guns being fired,
though, as it appeared, with powder only. It was declared, however, that the
guns were, at least, pointed at them .
Mr. Elmslie, the Vice - Consul himself, having, soon after, passed in an
English boat without the least molestation, I am inclined to think the three
guns were a part of the exercise , and it happens, moreover, to be the invariable
number of every Chinese salute for mandarins, & c. As every meeting of the
kind, however, is a mere disorderly moh , it is just possible that the thing was
meant as an insult.
Immediately on the receipt of Mr. Macgregor's information, I addressed, on
the same day , the inclosed to Keying, desiring an explanation of the matter, or
the punishment of the parties.
As the Consul, to my surprise, did not state that he had taken up the
question on the first complaint to himself, I wrote him the inclosed despatch,
making the inquiry. According to his own representation of the case, it called
for his immediate exertions on the spot.
Mr. Macgregor excused his remissness by the inclosed reply, in which he
refers to a private note from myself some time before this occurrence, and bearing
no allusion to it. In applying to him by that note for information, I certainly
did not intend to furnish the Consul with an excuse for making no exertion
whatever on behalf of the complainants at the Consulate .
In my annexed reply, therefore, I pointed this out, and added that Keying
must naturally suppose that a matter on which neither himself nor the local
magistrate heard anything from the Consul, could not be very serious . The
Chinese Minister could receive nothing from me under a week , at the distance of
ninety miles, twice traversed. This at once loses valuable time, and weakens the
effect of my remonstrances.
I have received a short note from Keying, stating that he will certainly
inquire and punish the parties, if guilty, and inform me of the result ; but I do
not expect his report before the departure of the mail.


Inclosure 1 in No. 39 .

Commissioner Keying to Sir J. Davis.
(Translation.)
KEYING , High Imperial Commissioner, &c., sends the following reply to a
communication of the Honourable Envoy, respecting the assemblage of an armed
crowd at Shih -wei-tang. (Here follows the substance of that letter.)
It appears that the territory of the provincial city swarms with robbers,
who often combine in great numbers to attack and plunder. The villagers have,
therefore, for their own protection assembled trained bands ; but their real object
is to defend themselves against robbers and vagabonds, without any reference to
the foreigners. They have not only done so at Shih -wei-tang, but at many other
places .
I have also heard that the villagers thereabout assembled in armed multi
tudes, and coming together hold debates. This is carrying things too far, and
those who see and hear it are frightened and terrified. I , the Great Minister, have
therefore ordered the local authorities to issue a proclamation, and prohibit it ;
as is on record .
Having stationed additional troops at the foreign factories, with their officers,
who incessantly patrol day and night, and are busy with keeping a careful guard,
the protective measures will prove effective, and the Honourable Envoy may rest
satisfied on this point, and harbour no anxiety.
Whilst forwarding this reply, I wish you every happiness , & c.
Taoukwang, 27th year, 6th month , 28th day. (August 8, 1847.)
 79




9 Inclosure 2 in No. 39.


Consul Macgregor to Sir J. Davis.
Sir, Canton , August 10, 1847.
I HAVE the honour of transmitting to your Excellency the inclosed copy
of a letter I received yesterday from several British subjects and others who ,
during an excursion on the river on Sunday morning, and having arrived
opposite a village the name of which is stated to be Wong -chuk -kay, situate in
a north -west direction from Canton on the river, and about two or three miles
from the factories, were received with shouts and yells and other tokens of
defiance by the natives who were tumultuously collected in great numbers on
shore. This was almost immediately succeeded by the discharge of three pieces
of ordnance, which were pointed directly at them , in consequence of which their
boatmen were intimidated to such a degree that they refused to go any further
in that direction.
find, on inquiry, that the guns fired were loaded with powder only, and
that they belong to the militia, which was established some time ago in the
rural districts at the expense of the landholders and gentry, under the appella
tion of the “ village braves,” now assembled in that quarter for the purpose of
being exercised in the use of firearms.
It appears, however, extremely improper that contrary to the stipulation of
the Agreement of the 6th April, “ that British subjects shall not be molested on
their excursions,” these villages braves by the display and discharge of artillery on
shore should attempt to intimidate and prevent foreigners from enjoying the only
recreation which is left them , namely, that of sailing on the river, and I therefore
humbly conceive that the facts submitted to your Excellency would form a
proper subject of remonstrance to the Governor -General in order that similar
demonstrations may in future be avoided .
I have, &c.
(Signed) FRANCIS C. MACGREGOR . .

Inclosure 3 in No. 39 .


Sir J. Davis to Commissioner Keying.

Victoria, Hong Kong, August 12, 1847.
I RECEIVED a note from your Excellency, dated the 8th instant, in which
you informed me that, as the territory of the provincial city “ swarmed with
robbers, the villagers had provided trained bands for their defence ; but , as they
assembled in armed multitudes, and came together to hold debates, this was
carrying things too far, and you had therefore ordered the local authorities to
prohibit it , ” &c.
On the very day your Excellency's note is dated , the Consul informs me
that some Englishmen and other Europeans in boats on the river, near a place
called Wong-chuk -kay, were wantonly assailed by one of these assemblages, and
that three guns were apparently discharged at them , though said to be with
powder only
Your Excellency is fully aware, that by the Treaty, as well as by the Special
Agreement of the 6th of April, “ British subjects shall be at liberty to go a day's
journey, as at Shanghae , without molestation, and that, if malicious Chinese
assail them , they shall be immediately punished .”
Now, as the persons who committed the outrage on this occasion were what
your Excellency calls trained bands, or village militia, and as they apparently
discharged three guns at the foreigners, there can be no difficulty in detecting
and punishing them , according to Treaty. I , therefore, immediately write to
demand their punishment, or an explanation of the facts.
7

M 2
 80

My Government will expect their chastisement, in the same manner as in
the cases of October 17 and March 12 .
I have already, before, said so much concerning outrages of this kind , that
it is not necessary to repeat it here.
Accept, &c.
(Signed) J. F. DAVIS .


Inclosure 4 in No. 39.

Sir J. Davis to Consul Macgregor.
Sir, Victoria, Hong Kong, August 12, 1847.
I HAVE just received your despatch of the 10th instant, concerning the
outrage on some British subjects and others at a place called Wong -chuk -kay,
on the 8th instant, and I have lost no time in immediately addressing Keying on
the subject.
As Her Majesty's Government will of course expect that, on an occasion so
peculiarly calling for instant and energetic exertion at the Consulate, you applied
to the local Government for redress without delay , I have to request that you will
forward to me a copy of any document you sent in upon the occurrence being
reported to you . I should wish also to have the names of the persons in the two
Chinese boats.
I have, &c ,
(Signed) J. F. DAVIS .


Inclosure 5 in No. 39.

Consul Macgregor to Sir J. Davis .
Sir, Canton, August 14, 1847.
I HAVE to acknowledge the receipt of your Excellency's despatch of the
12th instant , and in reply, II beg to refer you to your letter of the 5th instant, in
which you are pleased to direct,in consequence of having been informed of some
preparation to molest foreigners going up the river or landing at Fah-ti , that, not
being able to proceed without authentic information from myself of something like
an overt act, you would be glad to have it, in order that you might make the
necessary communication to Keying on the subject.
It was in conformity with those directions that I obtained the letter from
Mr, Balkwill and his friends, which I forwarded to your Excellency without
delay, and judging that you must have good reasons for wishing to make the
necessary remonstrance to the Imperial Commissioner yourself, I of course
refrained from addressing a complaint to his Excellency on the subject in this
particular instance, although I should not have failed to do so in the ordinary
course of things, in accordance with various of your Excellency's despatches.
I beg to inclose a list of the foreigners that were in the two boats in
question .
I have, &c.
( Signed) FRANCIS C. MACGREGOR .



List of Foreigners who were molested during an Excursion up the Canton River,
on the 8th August , 1847.
H. Balkwill.
James Whittall.
Sept. Maitland.
William Rutter.
R. McGregor.
S. K. Brabner.
Wm . K. Snodgrass .
Juls. Kreyenhagen .
 81


Inclosure 6 in No. 39 .

Sir J. Bowring to Consul Macgregor .
Sir , Victoria, Hong Kong, August 17, 1847.
IN reply to your despatch of the 14th instant, stating why you had not
taken any measures at the Consulate, or made any application to the local
authorities on the appeal of the several persons on the 8th instant, I must
observe that my private note (to which you refer ) in applying to you for
information , did not absolve you from performing your own part on the spot,
nor do away with the injunctions I had several times repeated to you in official
despatches, to use every exertion when necessary. Keying must naturally
believe that a matter on which neither himself nor the local magistrates bear
anything from the Consul , and concerning which he can receive nothing from
me in much less than a week from its occurrence, is not considered as very
serious. This at once loses valuable time, and weakens the effect of my
remonstrance at the distance of ninety miles. My interposition, in general,
should only be on the failure of your own..
I have, &c.
(Signed) J. F. DAVIS .


No. 40.

Sir J. Davis to Viscount Palmerston.- ( Received November 22.)
My Lord, Victoria , Hong Kong, August 28, 1847.
WITH reference to my despatch of the 20th instant, I addressed
the inclosed note to Keying on the 21st, informing him that I awaited the
fulfilment of his engagement to make examples of those who wantonly fired
when some Englishmen and other foreigners were passing on the Canton river in
Chinese boats.
I took occasion to observe that it was generally rumoured that the Canton
Government was powerless in its attempts to control the village militia, which
had grown out of the disorganized state of the province, and that the people
added that,
moreover refused to pay their taxes to Government. I added that, of course, if
this should prove to be true ,he could not be surprised if the British Government
took the necessary measures to protect its own subjects.
I very soon received the annexed favourable reply, announcing the appre
hension and trial of the offending individuals , and engaging to forward an official
notice of their punishment.
Keying repeats his explanation of the origin of the village militia, which the
history of the past year or two, in fact, confirms, though such disorderly and ill
organized associations are dangerous to the weak Government of the province.
He repudiates, however, the idea of their being beyond his control, and adds that
the villages pay their taxes.
In my reply to this, as subjoined, I took occasion to observe, that if the
peoplewere under control, they ought not to be permitted to interfere with the
due fulfilment of Treaty engagements, some of which had been delayed under
various pretexts, and that British rights at Canton must and should be main
tained .
I have, &c.
(Signed) J. F. DAVIS .


Inclosure 1 in No. 40.

Sir J. Davis to Commissioner Keying.
Victoria, Hong Kong, August 21 , 1847.
I HAVE received a reply from your Excellency, in which you state that
you consider it a very detestable proceeding on the part of the Hwang-chuh-che
villagers who wantonly fired when some Englishmen and other foreigners were
passing: in Chinese boats, on the river.
 82

I shall therefore look for an early communication, stating the names, trial,
and punishment, of the offenders, that I may report the same to my Govern
ment. It is stated that the Canton authorities are not able to control the
village militia, and that the people refuse to pay their taxes, &c. If this proves
to be true , your Excellency will not be surprised should the British Government
immediately take measures to protect its own subjects.
Accept, &c.
(Signed ) J. F. DAVIS .

Inclosure 2 in No. 40.

Commissioner Keying to Sir J. Davis.
( Translation .)
KEYING, High Imperial Commissioner, & c ., sends the following reply to
a despatch from the Honourable Envoy, respecting the firing of the Hwang
chuh - che villagers. (Here follows an extract of that letter.)
The Hwang-chuh -che villagers, by wantonly firing (on foreigners), committed
an act worthy of detestation . The Nan -hae magistrate has, therefore, in conse
quence of my orders, seized two of the aggressors , viz . , Lo - a -che and another.
They confessed that they were exercising small guns (ginjalls) at that place, and
were not aware that any foreigners were passing in a boat ; nor had they any
intention of firing at them .
Such being the evidence, I was afraid that not the whole truth had been
told, and apprehensive that there might have been others on the same spot who
assisted in the firing, I therefore again directed the magistrate to elicit, by torture,
the real facts , and seize the whole band, with all severity. As soon as the
criminals shall have been successively taken , true evidence obtained by judicial
inquiry, and they have suffered severe punishment, I shall again address an
official letter to you .
I , the Great Minister, act vigorously in punishing the natives when they
have injured the merchants and people of other countries. I have, for instance,
in the case of piracy committed in the neighbourhood of Amoy) on vessels of
your honourable nation, seized many of the guilty, who have all been severally
sentenced and executed. When the Swiss merchant, not long ago, was robbed
on the Canton river, I apprehended more than ten criminals, and recovered some
of the plunder. The district military is still engaged in making the strictest
search for the seizure, prosecution, and punishment of these native ruffians, in
order to protect effectually the merchants and people of every country. For
this reason I would not trouble the Honourable Envoy to adopt additional
protective measures .
The trained bands and village braves were raised with the view of protecting
their villages and farms against robbers and vagabonds, who have recently
become very numerous. Their assemblies for noisy debate have been prohibited ;
they now fulfil their duties, observe the laws , and likewise pay taxes . One
ought, on no account, to give easy credence to rumours in circulation.
Whilst sending this answer, I wish you every happiness.
Taoukwang, 27th year, 7th month , 14th day. (August 24, 1847.)

Inclosure 3 in No. 40 .

Sir J. Davis to Commissioner Keying .
Victoria, Hong Kong, August 23, 1847 .
I HAVE received your Excellency's note, in which you inform me that
when the Hwang-chuh-che criminals have been severely punished , you will
acquaint me with the particulars. I await the receipt of this announcement, that
I may transmit the same to my Government, who, together with the whole
British public, are already justly indignant at the conduct of the Canton people .
Your Excellency observes that the “ trained bands and village braves were
raised with the view of protecting their villages and farms against robbers and
vagabonds, who have recently become very numerous. Their assemblies for
 83


noisy debate have beenprohibited ; they now fulfil their duties, observe the laws,
and likewise pay taxes.”
It is, nevertheless, publicly notorious that they have combined for the
purpose of preventing the allotment of building ground and cemeteries, and even
now, a burial-ground cannot be procured at Whampoa. The two officers, Tung
and Ning, have so often deceived Consul Macgregor, that I have ordered the
Consul to communicate in writing only, that proofs may be on record . I have
ascertained that the Parsees do not wish to build a wall, and that they have
chosen a waste spot without any graves. Still they cannot succeed !
When I find that the Treaty is still evaded and set at nought, and that
moderation only produces bad faith, my Government will perfectly approve of
my doing everything that is necessary to maintain the Treaty and uphold the
rights and dignity of the great nation I serve. It will soon be necessary to fix
a date for the fulfilment ofthe Agreement of April 6ih. I previously make this
important communication .
Accept, &c.
(Signed) J. F. DAVIS .


No. 41 .

Sir J. Davis to Viscount Palmerston .- (Received November 22.)

My Lord , Victoria, Hong Kong, September 10 , 1847.
WITH reference to my despatch of the 28th of August, I have the
honour to inclose copy of a very satisfactory note from Keying as to the
punishment of certain Chinese who insulted a party of Europeans on the
river.
The penalty inflicted on this occasion is sufficiently severe , being not only
an allotment of thirty blows to each, but (what is still better calculated to
operate as a warning) the being paraded in the heavy wooden pillory for one
month about the foreign factories, with their names and offence inscribed . The
tendency of this mode of punishment is so obviously salutary, that I shall require
it on future occasions of importance.
The conduct of Keying on this occasion has been so praiseworthy, that I
deemed it only just to address him the annexed reply , declaring that we had no
other motive in insisting on such examples than the repression of disorder and
the maintenance of peace, and that the chastisement of Chinese aggressors came
much more fitly from their own authorities than from us .
I requested Consul Macgregor by the inclosed despatch to ascertain the
exhibition of the three culprits in the neighbourhood of the factories, and have
been glad to learn that the sentences were duly carried out.
I have, &c.
(Signed) J. F. DAVIS .


Inclosure 1 in No. 41 .

Commissioner Keying to Sir J. Davis.
( Translation .)
KEYING, High Imperial Commissioner, &c . , sends the following commu
nication respectingthe case of the Hwang -chuh -che villagers wantonly firing on
Europeans, when in a boat upon the river.
In consequence of my previous orders, the Nan --hae magistrate seized
Lo -a -che and a second aggressor, and on reporting the circumstance to me, I,
the Great Minister, communicated it to the Honourable Envoy ; as is on
record.
The Nan -hae magistrate now again informs me, that he subsequently
apprehended Fang-a-ching , another aggressor. Lo-a-che stated, that he was
43 years of age, and with Lo-a-nang, who is 32 years old, a native of Nan-hae
district, on the 26th day, 6th moon, of the present year ( 6th August) hey
tried some small guns ( ginjalls) which they had had in their possession for a
 81

long while, by firing powder without shot, on the river's side , at Hwang-chuh
che. Fang -a - ching, an old acquaintance of theirs, came thither to look on and
assist in the firing. Just at that time a boat was passing with foreigners on
board of her. As they had only loaded with blank cartridge they did not turn
aside, but did not fire at them intentionally, nor wound anybody. There were
at that time many spectators, but none of them engaged in firing the guns.
The above confession is true.
Fang-a-ching said , that he was 34 years old, and belonged to the same
district. On the 26th day, 6th moon, of the present year (6th August), he
was passing the road at Hwang-chuh -che, when he perceived his old acquaint
ance Lo-a-che and the other, who were trying some small guns by firing blank
cartridges, without putting any balls into them . He went up to them and
assisted in discharging the pieces. This was true, and the remainder of the
evidence agreed with Lo -a-che's and the other's statement.
It appears, therefore, that Lo -a -che and the others were trying some small
guns, by firing powder without shot. They truly aver that they had no inten
tion of firing at the foreigners, but of their own accord were discharging the
pieces quite heedlessly, when the boat was passing. Though they did not
wound anybody, still theirs was a very wanton act. Lo-a-che , Lo-a-nang, and
Fang -a -ching, therefore, shall together, according to the rigorous tenour of the
law , in open Court receive, each , thirty strokes, and be paraded around the foreign
factories for one month, wearing the cangue, in order to deter others (from
similar acts ) .
On receiving the above details, I find that Lo - a -che and the others,
although discharging their pieces with blank cartridge and not loading them with
shot, still very improperly showed no caution when the Europeans were passing
in the boat. Their not having wounded any man gives rise to some indulgent
consideration. They ought, therefore, to receive the strokes, and be paraded
with the cangue about the factories, in order to strike terror and repress (such
aggressors ).
Whilst giving orders that it may be done accordingly, I address this letter
for the consideration of the Honourable Envoy , and wish you every happiness.
Taoukwang, 27th year, 7th month, 18th day. (August , 28, 1847.)



Inclosure 2 in No. 41 .

Sir J. Davis to Commissioner Keying.
Victoria, Hong Kong, August 31 , 1847 . .




I HAVE the honour to acknowledge your Excellency's note just received
concerning the punishment of those who wantonly and mischievously discharged
ginjalls loaded with powder on the Canton river. I thereby learn that the three
criminals will receive thirty strokes, and be paraded about the foreign factories
in the cangue for one month.
This is an extremely just and wise proceeding on the part of your Excel
lency, and proves that you have the power of controlling the populace.
The only object of my nation in wishing for their punishment is to deter
others from committing the like offence, and therebyensure perpetual peace.
It is also more fit that the people should be punished by the Chinese Govern
ment than by foreign force.
I will immediately inform Consul Macgregor of the purport of your note,
and desire him to ascertain that the District Magistrate parades the men
according to your Excellency's order.
Accept, &c.
( Signed) J. F. DAVIS .
 85



Inclosure 3 in No. 41 .

Sir J. Davis to Consul Macgregor.
Sir, Victoria , Hong Kong, August 31 , 1847 .
I HAVE to inform you that I have just received a note from the Chinese
Minister, acquainting me ihat three criminals, Lo -a- che, Lo -a-nang, and Fang
a-ching (convicted of pointing ginjalls loaded with powder at two Chinese boats
having Europeans on board ), have been sentenced each to receive thirty blows
>


with the bamboo, and to be paraded in the cangue about the factories for one
month.
The names of the criminals are added in the margin in Chinese, and you
will have no difficulty in ascertaining that they are really so paraded by the
Nan -hae Magistrate.
A copy of Keying's original note is annexed to this.
I have, &c .
(Signed) J. F. DAVIS.


No. 42 .

Viscount Palmerston to Sir J. Davis.

Sir , Foreign Office, November 23, 1847.
WITH reference to your despatches of the 28th August and 10th September,
inclosing your correspondence with Keying, respecting the punishment of some
Chinese who had insulted a party of Europeans on the river above Canton, I have
to state to you that I approve of the note which you addressed to Keying on
the 31st August, in acknowledging the receipt of his notification of the punish
ment to be inflicted on the guilty parties .
I am , &c.
(Signed ) PALMERSTON .


No. 43.

Viscount Palmerston to Mr. Bonham .

( Extract.) Foreign Office, January 3, 1818.
YOU will state to Keying that Her Majesty's Government entertain the
highest respect for him personally, and that they sincerely trust that he will continue
to show the same friendly disposition in treating with you , which he has evinced
in his intercourse with your predecessors ; that Her Majesty's Government are
sensible that he may sometimes have difficulties to contend with in controlling
the unruly populace of Canton, but that it will be your duty to lighten those
difficulties as much as possible, by preventing British subjects from provoking
collision with the Chinese, and by bringing a Britisli force to Canton whenever
necessary to assist him in keeping the populace in order. But you will say that
Her Majesty's Government cannot comprehend why the authorities at Canton
should not be able to exercise over the people of that city, the same degree of
control which is exerted by the authorities at the other four ports, over the
people in those cities ; neither does there appear to be any sufficient reason why
the people at Canton should be more hostile to foreignersthan the people at the
other ports are . But you will say that, at all events, Her Majesty's Government
cannot allow their Treaty rights to be defeated, and that although nothing
would be more painful to them than to be again involved in angry discussion
with China, they are fully resolved to maintain in every respect , and at all
times, every privilege which has been conceded to them by Treaty , and will
shrink from no measures, however painful, which may be necessary for the
maintenance and enforcement of British rights,
I must not conceal from you , however, that Her Majesty's Government are
N
 86

not without apprehension as regards the conduct of British subjects in China.
Peace between the two countries has more than once been put in jeopardy by the
reckless conduct of individuals , members of the British community . I trust
that the warning which Sir John Davis, by my direction , addressed to the British
community in China after the riots in Canton in July 1846, may have made a
due impression ; but, at all events, it will be your duty to exert, when necessary ,
the powers entrusted to you for maintaining order among Her Majesty's subjects
in China.



No. 44 .

Sir J. Davis to Viscount Palmerston.- (Received April 22.)

(Extract.) Victoria, Hong Kong, February 5, 1848.
THE inclosed despatch from Consul Alcock, at Shanghae, reports the
murder of aa Chinese by a Manilla man in British employ. It appears that the
offender has escaped, and the Chinese authorities display their usual apathy as
to his apprehension .


Inclosure in No. 44 .

Consul Alcock to Sir J. Davis .

Sir , Shanghae, January 22 , 1848.
I HAVE the honour to inclose a communication I recently addressed to his
Excellency the Intendant, on a report reaching me that a Chinese had been
mortally wounded at Woo -sung by a Manilla man, who was believed to belong to
one of the ships lying at that anchorage. i also transmit for your Excellency's
information the report I received from the Vice-Consul, whom I immediately
dispatched with the Interpreter to investigate the circumstances, and if possible
secure the apprehension of the offender.
It appears the Manilla man in question is clearly identified as a late servant
of a Dr. Murray, who attends the shipping at Woo -sung. The man had lately
been discharged his master's service , and was placed on board the “ Snipe,” to
prevent his getting into mischief on shore, until a passage down to Hong Kong
could be procured for him , and since the unfortunate affray he has not been
seen .

The responsibility of finding and arresting him , since it has been ascertained
that he is not on board a British vessel, rests with the Chinese authorities, who
do not seem disposed to give themselves much trouble. I thought it right,
however, to take the initiative, and show both the inhabitants at Woo -sung and
the Chinese authorities , that so far from seeking to screen any person connected
with or guilty of such an act, it was my anxious desire to prevent his escape,
and bring him to justice.
For this and all other outrages of a mischievous character, which from time
to time occur at Woo - sung, I hold the local authorities especially responsible ;
they have been repeatedly urged by me to take energetic measures to disperse
the Canton men and others of lawless character, who have gathered round the
opium ships, and to prevent the location of such persons at Woosung. They
not only entice and harbour men from our ships, but afford a place of conceal
ment and refuge for the Canton men generally, who commit any crime in
Shanghae, and are in danger of being apprehended, and from thence at this time
the British community is threatened with a night attack, for the purpose of
firing and plundering their premises.
I have, &c.
(Signed) RUTHERFORD ALCOCK.
 87


No. 45.

Sir J. Davis to Viscount Palmerston .— (Received May 24.)

(Extract.) Victoria, Hong Kong, February 29, 1848 .
IN my despatch of February 5, I mentioned the circumstance of aa Chinese
native having been murdered by a Manilla man at Woo -sung, the anchoring