goods ; but to obtain the warehouses, will require either that their residence
be permitted beyond the precincts of the present foreign factories, or else
that the factories be considerably enlarged.
To the first plan, the Chinese Government seems to have an almost
291
invincible objection, and the value of the property in the neighbourhood
of the factories, beyond what is necessary for mere residence, would make
the last so expensive, that, if gained, it will almost certainly impose
additional duties upon the trade. The only middle course which seems to
present itself, is one which has been talked of amongst the Chinese them
selves, that two or more of the existing Hongs be constituted custom and
bonded warehouses, through which all foreign imports shall be passed,
and pay duty according to a fixed tariff. Yet these, if under the coritroul
of the Chinese Mandarins, would only subject the foreigners to the petty
vexations and delays by the underlings of Government, which ( the Hong
merchants and their assistants now encounter.
This objection might be obviated by the British merchants having a
common warehouse of their own, and under their own controul, through
which the goods should pass, and duty be paid, and a manifest handed to
the Mandarins for their satisfaction, attested by the British Superintendent,
or some similar plan. These suggestions, however, are not intended to
dictate any particular course to the British Government, but only in the
hope to draw its attention to the unprotected situation of British subjects
in China, and to point out the assistance which may most readily be
afforded, and will, at the present moment, be most gratefully received.
The preceding statements cannot better be concluded, perhaps, than
by the paragraph already quoted from the records of the East India
Company's Committee in 1783, viz. :—
" It seems to be an established maxim amongst the Mandarins at this
place, to discourage, as much as possible, all applications to the Emperor,
both as they may prove dangerous to their persons and derogatory to
their consequence ; except in circumstances that cannot be concealed, as
in the case of Captain Panton, without whose interference, we are well
assured, no representation from the creditors or any other body of men
could ever have reached the Court, much less can we expect the assistance
of the Hoppo, through whom it must necessarily pass in the first
instance."
Canton, February 19, 1838.
No. 118.
Captain Elliot to Viscount Palmerston. — {Received August 31, 1838 )
My Lord, Macao, April 2, 1838.
I HAVE now the honour to resume the subject of my Despatch of 29th
March, of this year.
It is remarked in the fourth paragraph of the Memorial submitted in that
communication that the debts owing by the Co-Hong either to the Government
or to foreigners have never been paid entirely out of their own resources, but
chiefly by means of duties levied upon the staples of the foreign trade, as the
Hong merchants propose to liquidate those actually in question. " Such
duties," the memorialists continue, " once imposed, appear never to have been
taken off when the first occasion for them has ceased."
I would take the liberty to draw your Lordship's attention to this place, as
perhaps needing some few words of more full explanation.
Whilst there can be little doubt that the previous part of the exposition is
accurate, it must not be inferred that each occasion of embarrassment amongst
the Hong merchants has been accompanied by additional duties, for that has not
been the case.
Connected with this subject, I would beg to observe that the notice the
Memorialists have taken in the same paragraph, (the 4th,) of the charge for what
is commonly called " Consoo fund," is correct as far as it goes.
But it will perhaps be desired that some more copious information should
be furnished on this point, the more so as it has been generally supposed that
the charge was originally created with the express sanction of the Government,
for the special purpose of forming a fund to meet the foreign debts.
2 P 2
292
There is no evidence, however, that the Chinese Government has ever
recognised such a fund, and it is almost certain that no reserve of money has
ever been in existence for such an object.
The charge was imposed in 1779, as the terms themselves signify, for
" Hong use," in other words, to meet all common demands against the Co-Hong,
whether for foreign debts or for the exactions of the Government. It was then
settled as a charge of 3 per cent, on certain specified articles estimated at a fixed
value ; and it seems to have been raised at different times to 4, 5, and 6
per cent, and indeed, I find upon one occasion a complaint in the public con
sultations, (1813— 14,) that it then amounted to upwards of 7 per cent.
Although the charge has never been regularly collected and funded, an
amount fluctuating between 3 and 7 per cent, has always remained a permanent
burden on the trade, because allowance is constantly made for it in the price of
the liable merchandize, each Hong merehant paying up whatever proportion may
be necessary to meet the particular exigencies of the year, and the difference
remaining to himself as profit.
I should add, that this particular business is managed exclusively by the
the three senior Hong Merchants, so that very little is known about the average
amount raised, and indeed beyond the great probability that the proceeds are
subject to gross misappropriation, nothing further can be safely advanced con
cerning the matter.
The Consoo charge presents, no doubt, a subject of just remonstrance ; but
the liability of the Chinese Government for these Hong debts rests upon different
and much stronger grounds.
By the law of the empire, all the foreign trade must pass through the hands
of certain native merchants appointed under the special authority of the
Emperor, and thence arises a plain national guarantee for their stability ;
neither can it be denied, that this principle had always been recognised and
acted upon.
I believe I may turn now to other considerations.
The inaptitude of the ancient mode of carrying on this trade upon the part
of the Chinese, under the circumstance of our own entire change of system, is
so obvious, and the mischief already created and impending so extensive, that I
am relieved from any necessity of troubling your Lordship at length upon those
topics.
The mode of effecting some suitable modification, is a subject claiming
attentive inquiry, and 1 trust 1 shall be excused for submitting my thoughts
upon that point.
In my own judgment, it would be best to confine the first proceedings upon
the part of Her Majesty's Government in this case to a simple demand for the
money due to British merchants, unaccompanied by any proposals or conditions
on that or any other topic, and without specification of any period of time.
This, I would submit, should be made at the point, and in the manner suggested
in my Despatch of November 19, 1837.
It would no doubt be met by reference to former cases of bankruptcy ; and
then, it seems to me it should at once be declared, that the altered state of cir
cumstances rendered previous arrangements, with respect to time, inapplicable,
and impossible of admission ; and that, if the Chinese Government were not
prepared to assent to that doctrine, it would only remain for the Commissioner
to abide where he was till he could receive further instructions from England.
I have submitted this course, my Lord, because I think it affords the best
hope of peacefully and successfully carrying any effectual modification of the
present condition of circumstances : a state of things, comprising not merely
the grave difficulties which form the immediate ground for this Despatch, but
others of a much more critical character, exposing this commerce to imminent
risks of disastrous interruption, that may probably need extensive and hazardous
interference at no distant date.
On the present occasion I would submit that we should place ourselves in a
position from which they will be exceedingly anxious peaceably to induce us
to remove ; and violent efforts to dislodge a Commissioner from the British
Crown, till his just demands are satisfied, are most improbable of occurrence or
might be justly resisted, if they were attempted.
When it is found that this Officer courteously declines continued negotiation,
(till further instructions can arrive from England,) immediately that the first
293
main point is negatived, and when it is observed that he is calmly and con
tentedly preparing himself for a sojourn of many months'- duration on the coast;
I am without doubt, that such a prospect would move the Chinese Govern
ment out of its own impracticable humour, into one of a more complying
description.
To every attempt of the Chinese Officers to draw from our own some
proposal or scheme of adjustment leading to the departure of the ships, I would
respectfully submit he should be instructed to reply, that he came there to
demand the just debts of the British merchants; that it remained for these
Honorable Officers to explain when and how they should be paid ; that as soon
as they would make any proposals on those points, which it consisted with his
duty to accept, he would not fail to acknowledge the communication in suitable
terms ; that his business was to listen deferentially to what was signified to him,
not to submit propositions to the Court of China ; and finally, till any arrange
ments were suggested, to which he had authority to accede, that silence upon
his part would be the surest mode of avoiding misconception and irritation.
As soon as the Commissioner had succeeded in drawing from the Chinese
such a proposal for the adjustment of these claims, as Her Majesty's Govern
ment may direct him to accept, but not before ; I think it would conduce to
the best consequence if he were ordered to put forward a statement to the
following effect.
That whilst Her Majesty's Government had no pretension to dictate any
modification of system to this Empire, it was strongly felt that the present
regulations were inadequate to the altered state of things on our side ; that there
was too much reason to believe grievances of the present nature must be con
stantly recurring, that there were no means afforded to the Officer at Canton to
draw these under His Imperial Majesty's gracious consideration, that the distance
to our own country was long, that it could not be hoped distressed and impatient
men would always refrain from making hazardous attempts to press their
complaints, just and unjust, on the Court at Peking, till they could either be
rejected or submitted by Her Majesty's commands in a sure manner, and with
due regard to the Imperial dignity ; and lastly, that these and many other urgent
considerations, had led to the determination the Commissioner should remain on
the spot to maintain secure and becoming public communications, and to
prevent serious cause of dispute between the two nations.
Whilst things remained in their present footing, it might be reasoned in
conclusion, His Imperial Majesty would desire that the benefit of his gracious
dispositions, and when matters were so disposed that these objects and the
preservation of a good understanding could be otherwise secured, the Com
missioner was instructed to return to his own country.
I abstain from adverting to the schemes of modification suggested in Mr.
Inglis's paper, or indeed in any other I have ever chanced to see on the same
subject ; because, 1 am afraid it will always be enough to ensure the defeat of
any proposal, that it comes from our side.
We are quite unable, my Lord, to estimate the force of those various
topics, arising, as well from policy as a rooted and extravagant sense of highest
human supremacy, which have always influenced this Government in its policy
with respect to the European powers. And it really seems to be next to impos
sible that the Emperor should ever be peaceably induced to accept a string of
propositions coming from our side ; at all events, till other circumstances have
vastly changed the nature of our relations with this empire. Indeed, 1 believe
it is no exaggeration to say, that they would rather we should take much more
than is ever likely to be asked (wholly unsought of them) than yield anything
whatever to our formal demands.
But with this intense eagerness to save the appearances of dignity, at
almost any risk, there certainly subsists an anxious desire to avoid hazardous
disputes with the European Governments ; above all, with that of Her Majesty.
All these considerations, my Lord, (and I am afraid they have been very
imperfectly expressed,) lead me to the conclusion that, to shape our course, and
systematically to persevere in it, in such a way as will cast the undivided task of
proposition on the Chinese Government, is a policy which is deserving of your
Lordship's attention.
204
There is strong reason to support the hope that they would propose the
removal of a distasteful and disquieting state of things with Her Majesty's
Government, by the offer of more extensive modifications than any that have
ever yet been contemplated.
I have, &c,
CHARLES ELLIOT,
Chief Superintendent.
No. 119.
Captain Elliot to Viscount Palmerston.—(Received December 1, 1838.)
My Lord, Macao, April 18, 1838.
I HAVE the honour to lay before your Lordship a copy of certain regu
lations, which I found it necessary to establish at t lie commencement of the
closing busy season, for the better preservation of the peace on board the
British shipping at Whampoa. I have refrained from doing so till the end of
the season, in order that 1 might be able to report how far they have fulfilled
the purpose in view.
The immediate circumstance which led to this measure was a dangerous
disturbance on board the ship Abercromby Robertson, at Whampoa, in the end
of the month of September last, in which the Commander and officers had
been obliged to arm themselves for their own protection, and for the sup
pression of the disorder.
An officer was immediately despatched to me at Canton, to report the
state of the ship, and to request I would furnish my assistance in the restora
tion of a state of due subordination.
On my arrival, I found that the disturbance had arisen in the following
manner: — A seaman had been adjudged, for some misconduct, to receive two
dozen lashes, by a species of Court of Inquiry, held upon him by the order of
the Commander — a mode of proceeding that seems to have been usual in the
Company's late Maritime Service, to which the Ship and the Captain formerly
belonged.
When the man was seized up, the crew had rushed in and forcibly
rescued him ; and the Commander informed me, that although he felt he could
have defeated the attempt, still it could not have been done without blood
shed ; and as 1 was at Canton at the time, he preferred to leave things in
their present condition, and to report the facts for my future disposal.
Having examined the papers, and satisfied myself of the misconduct of
the man, 1 felt that it was immediately necessary to assert the authority of
the Commander over a crew consisting of about a hundred people ; and I
therefore desired the sailor to submit himself to the punishment which had
been ordered.
He took refuge amongst the crew, but I followed him, and having taken
him out from amongst them, caused him to be seized up.
I then explained to the seamen, that a combined and violent effort to
resist the authority of the Commander was a felonious offence ; that they
were labouring under a dangerous misconception, in believing they were
justified in such proceedings by reason of his ordering the infliction of cor
poral punishment, or upon any other pretext, and that their single lawful
mode of redress, in the case of illegal or excessive punishment, was to be
songht in the courts of justice.
The measure I had adopted, and this representation, had the effect of
subduing the bad spirit of the people, and drawing from them proper expres
sions of regret for their misconduct. I gladly availed myself of such a reason,
for casting off the seaman without the infliction of the punishment; and after
some further exhortation, I had the satisfaction of leaving the ship in a state
of perfect quiet and subordination, in which she continued during her further
stay in this country.
295
Most serious disturbances, however, had been frequent on this point ;
and therefore, on my return to Canton, I drew up the accompanying Memo
randum, furnishing it to the Commanders of Ships as they arrived, in order
that it might be read, in the event of need.
Your Lordship is aware, that the Ships in the Country Service are man
ned by Lascars, with whose language and customs the Commanders of Ships
in the Home Trade have no familiarity ; and this was the reason which led
me to appoint the Senior Commander in the Country Service to superintend
the general police of that portion of the fleet at Whampoa.
The Inclosure No. 3 is the copy of a letter I addressed to the Senior Com
mander at Whampoa, requesting him to bear in mind that it was only intended
he should interpose, when invited, for the preservation of the peace. 1 took
this precaution, in order that there might be no unnecessary interference on
his part, in the management of the Ships' Companies, by their respective
Commanders.
The lnclosures Nos. 4 and 5 explain the single case of disorder, and the
proceedings taken upon it (except the one already mentioned), which has
occurred during this season ; so that I may now satisfactorily report to your
Lordship, that these arrangements have been attended with the best effects.
I trust it will be considered, that I was justified in taking the particular
occasion in question to establish these regulations. Every season since the
opening of the trade had been marked by constant scenes of disgraceful and
dangerous riot at Whampoa, and my own personal attention could not at all
times be given without public inconvenience.
One of the gentlemen who had filled the station of Senior Commander at
Whampoa, represented tome, in a private shape, that in the Company's time
the Senior Commander received a sum of £500 each season, as a compensation
for the performance of duties of this description, which he justly remarked
were both responsible and disagreeable.
I replied, that I need hardly tell him I had no authority to make any
allowance at all upon such grounds, beyond the mere payment of expense
actually incurred ; and that it was to be considered that the connexion be
tween the Company and their Commanders was strictly one of master and
servant, so that the sum of £500 was given as a general remuneration, not for
any particular service.
No relation of the kind existed between Her Majesty's officers here and
the Commanders of ships visiting China, and it would be remembered that,
according to our law and customs, station devolved many unpaid duties on
individuals, more particularly duties having in view the preservation of the
public peace.
J remarked at the same time that I would move your Lordship to authorize
the payment of some honorary remuneration to the gentlemen upon whom
this task devolved : that is to say, if the present arrangements were to subsist.
May I, therefore, respectfully submit for your Lordship's favourable con
sideration that a sum not exceeding two dollars per diem should be paid by
this establishment to each of the Senior Commanders, having European and
Lascar crews, for every day that there are more than six ships of each class
in Whampoa Reach.
I think the allowance would be productive of considerable public useful
ness, both in giving to the whole arrangement a more formal character, and in
insuring a zealous performance of the duties it imposes. The expense would
be trifling. For six months of the year Whampoa Reach is almost entirely
clear of British shipping.
I have, &c,
(Signed; CHARLES ELLIOT,
Chief Superintendent.
Inclosure 1 in No. 119.
Regulations for the more Effectual Preservation of the Peace on board the British
Shipping at Whampoa.
, Canton, September 29, 1837.
WITH a view to the more effectual preservation of the peace on board the
British shipping at Whampoa, the following regulations are established and
promulgated.
1. The senior commander in the Company's late maritime service, at anchor,
or hereafter arriving in the reach, is requested to hoist a red pendant at the main,
and to consider himself generally charged with the duty of checking any riot or
insubordination which may break out on board any British ship, having a
European crew.
2. All British subjects in the reach are hereby required to respect the
authority of tbis officer, in his magisterial capacity, or, in his absence, the autho
rity of the commanding officer of his ship, acting in his place.
3. Instructions will be furnished to the senior officer, from time to time,
under the hand of the Chief Superintendent, for his more particular guidance.
4. It is requested that a book may be kept on board the senior officer's
ship, containing all memoranda issued by the Chief Superintendent or himself,
concerning the general preservation of good order on board the British shipping
at Whampoa.
5. Commanders, or commanding officers of the British ships at Whampoa,
having European crews, whose people are in a state of disorder, which it may not
be practicable otherwise to repress, to apply to the senior officer for assistance,
by signal (if need be) of an ensign at the fore in the day time, or two lights,
vertical, at night.
6. Commanders, or commanding officers of ships, to receive and detain in
safe custody, on board their respective ships, the persons of any seamen of other
ships committed as prisoners for disorderly conduct, under the hand of the senior
commander, or, in his absence, the commanding officer of his ship.
7. The sum of l.v. 6d. per diem, to be checked from the wages of such
prisoners, and to be paid to the commanders of ships on board which they are
confined, to defray the expense of their maintenance.
8. Commanders, or commanding officers of ships, whose men are in confine
ment, under warrant, are at liberty to hire an equal number of Coolies, for the
service of the ship, charging the expense to the wages of the prisoners.
Concerning British Ships in the Country Service.
THE senior commander of the ships in the country service, at anchor in
the reach, or hereafter arriving, is requested to hoist a white bergee with St
George's Cross, at the main, and to conduct the like duties with respect to the
ships in the country service, which have hereinbefore been devolved upon the
senior commander in the Company's late maritime service, with respect to ships
having European crews.
* In the event of any accident, from fire or other cause, needing the general
co-operation of the British shipping, the senior commander of the two ships
bearing pendants, to take command of the whole (or, in his absence, the com
manding officer of that ship) and to adopt such measures for the general safety
as may seem best to his judgment.
By order of the Chief Superintendent,
(Signed) EDWARD ELMSLIE,
Secretary and Treasurer.
297
Inclosure 2 in No. 1 19.
Memorandum.
■ Canton, September 29, 1837.
GREAT disorder having taken place several times on board British ships in
China, arising from an impression upon the part of the seamen that corporal pun
ishment cannot legally be inflicted under the authority of their commanders, the
Chief Superintendent finds it incumbent upon himself to disabuse the crews of
this dangerous misconception.
It has repeatedly been determined in the Admiralty and other courts that,
according to the law of England, the commanders of merchant-ships have a full
legal right to maintain a state of due subordination on board the ships by any
punishment, corporal or otherwise, not at variance with the customs of the British
sea-service.
The remedy of the seamen in case of unjust or excessive punishment is to be
sought in the courts of the country : and a most effectual remedy this course has
always afforded them, for the courts lean ever to their side, preferring, in a wise
spirit of humanity, to encourage peaceful and lawful complaint in those places to
violent and lawless resistance on board the ships.
It may not be amiss to say a few words of the principles which should guide
commanders in any painful emergency needing the infliction of punishment, and
it seems right to add that they are deduced from the decisions of courts of justice
upon this particular subject :—
First, and principally, does it behove commanders to take most especial
care that every punishment be as moderate as the strict necessities of the case
may demand.
Secondly. In all cases which admit of the delay proper for inquiry, the party
charged should have the benefit of a full investigation by impartial persons ; and,
above all, of being fairly heard in his own defence.
In the actual condition of circumstances in this country where appeal to a
British magistrate is practicable, it would be a humane and a prudent, if not a
rigidly necessary precaution, to seek his sanction before the infliction of corporal
punishment.
With reference, however, to this rule, the Chief Superintendent regrets to
be obliged to observe that there are cases which, in the language of a late most
eminent judge of the Admiralty Court, " neither require nor admit of such a
deliberate mode of procedure."
" Such cases," says the learned judge, " when the criminal facts expose them
selves to general notoriety by the public manner in which they are committed,
or when the necessity occurs of immediately opposing attempted acts of violence
by a prompt reaction of lawful force, as in the disorders of a commencing mutiny.
These are cases that speak for themselves, and are of unavoidable dispensation."
The Chief Superintendent must now warn the seamen that any persons con
tumaciously, or forcibly, hindering the commanders in the infliction of corporal
punishment, are guilty of felonious offence.
Good seamen are perfectly sensible that it is necessary for the protection
of life and property to maintain a state of due subordination on board the ships,
and it will usually be found that the practisers of disorder are for the most part
not sailors at all.
But the Chief Superintendent has spent the greater part of his life in the
sea-service, and whilst he makes this remark, he must not forget to add that the
most necessary condition of upholding a state of good order is to take care that
the complaints of seamen, peacefully preferred to their commanders, are heedfully
considered, and promptly and justly redressed.
The Chief Superintendent will close this memorandum by observing, that as
upon the one hand it is his duty to support the commanders in the preservation
of discipline, so upon the other will he always use every public effort in his power
to secure to the seamen a full and just enjoyment of that protection which the
laws afford them.
(Signed) CHARLES ELLIOT,
Chief Superintendent.
2 Q
298
Inclosure 3 in No. 119.
Captain Elliot to Captain Gribble.
Sir, Macao, December 19, 1837.
NDERSTANDING that you are the senior officer at Whampoa of the
Honorable Company's late maritime service, I will beg you to afford your
counsel and assistance to the commanding officers of any British vessel at that
place having an European crew, who may apply to you under circumstances of
difficulty.
And being thus invited, you may be assured that I shall not decline' the
responsibility of any proceedings taken under your authority, which may be
necessary for the preservation of the peace on board the British ships at Wham
poa, having European crews.
I am persuaded that the commanders of all British ships at that anchorage,
bo manned, will zealously second your efforts, whenever you may find it needful
to request their co-operation.
May I beg you to circulate this letter through the British ships of the flee\
having European crews.
I linvG &c
(Signed) CHARLES ELLIOT,
Chief Superintendent.
Inclosure 4 in No. 1 1 9.
Captain Gribble to Captain Elliot.
Sir, Canton, January 13, 1538.
I BEG to inform you that on Tuesday evening, the 9th instant, Captain
Hamilton, of the barque Anna Robertson, sent to the Marquess of Camden for
assistance to suppress a mutiny amongst his crew.
I repaired on board with my chief officer, and found Captain Hamilton
standing with his officers in a defensive position, with arms in their hands, having
brought one man aft, and endeavouring to bring another, the crew having
retreated to the forecastle and making a great noise. I inquired into the circum
stances, which were as follows:—"Two men were fighting, and Captain Hamilton
endeavoured to separate them, they refused to be quiet, and one man came aft^.
followed by the remainder, and seized Captain Hamilton by the breast ; the chief
mate endeavouring to rescue him, was struck in the face, the man using the
most gross and abusive language. The officers succeeded in dragging him on
the poop, when another, on being repulsed in attempting to release the former
from the poop, seized a handspike, and put himself in a threatening position.
Captain Hamilton then seized him, and in bringing him aft, the crew rescued
him, and they all went below." I immediately advised that this man should be.
confined with the other in irons. This was done, and as the officer appeared ta
be fully capable of carrying it into effect, I suggested that a court of inquiry
should be held in the morning. The following morning I repaired on board, and
requested Captain Hamilton to give me a letter, stating that he had not enough
officers to compose a court, upon which, with my chief officer and the chief officer of
the ship, I proceeded to try them. The case was too glaring to admit a doubt, and
after a fair and impartial hearing on both sides, and receiving evidence of a
gentleman who was casually on board, I sentenced them to be punished,—the first
prisoner with four, aud the second with three, dozen lashes. Upon inquiry Captain
Hamilton informed me that he could punish them without further assistance, and
the orders and regulations were read by me to the crew. The punishment
inflicted was two dozen each. The crew have returned quietly to their duty.
I regret that such strong measures were forced upon us, but the gross
abusive and personal attacks of these miscreants required punishment. The
appointment of a senior officer has been attended with a good effect in another
299
instance. The crew of the Isabel refused their duty, the captain immediately
ordered the union jack (my private signal,) to be bent on the peak, and having
explained the consequences, they instantly returned to their work. The parti
culars of the court of inquiry shall be prepared and forwarded to you at Macao.
I have &c.
(Signed) ' HENRY GRIBBLE.
: Inclosure 5 in No. 119-
Captain Elliot to Captain Gribble.
Sir, Macao, January 20, 1838.
I HAVE the honour to acknowledge your letter of the 13th instant.
The proceedings you found it necessary to adopt on board the ship Anna
Robertson, on the 19th instant, have my entire concurrence, and I beg you to
accept my thanks for your prompt and judicious interference on that occasion.
J lltlVG &C.
{Signed) ' CHARLES ELLTOT,
Chief Superintendent.
No. 120.
Captain Elliot to Viscount Palmerston.—{Received December 1, 1838.)
My Lord, Macao, April 20, 1838.
IN the course of the last two months the number of English boats employed
in the illicit traffic between Lintin and Canton has vastly increased, and the deli
veries of opium have frequently been accompanied by conflict of fire-arms between
those vessels and the Government preventive craft.
■ It is plain that British subjects and property engaged in these pursuits are
within the easy grasp of the Provincial Authorities whenever it may suit their
purposes, or they may be driven by the Court to act with vigour.
In the Edicts forwarded to your Lordship in my Despatch, of Nov. 18, 1837,
the Governor had already charged me with countenancing the outside trade ; and
in the event of disaster, there can be no doubt he would immediately attempt to
connect the growth of these last irregularities with my own departure from
Canton.
With the purpose of being prepared for such devices, I drew up the paper
forming the Inclosure of this Despatch : and I directed Mr. Morrison, as soon as
the Governor should return from his official tour, (which he did about a fortnight
since), to show it to Howqua, and to tell him that these were my opinions on my
present position with the Provincial Government; that he was at liberty to
exhibit them to the Governor if he thought fit, aud indeed that I was only pre
vented from making them known to his Excellency in a formal manner by the
interruption of the public communications..
The paper was returned to me two days since by Mr. Morrison, with a
message from Howqua, to the effect that the Governor had seen it, but could not
accede to the arrangement suggested.
I was sensible that the present state of things at Canton could only subsist
as long as the Governor could venture to appropriate a large share of the bribes,
by which the system is upheld ; and therefore I looked for no other result at his
hands.
It was impossible to foresee how soon his position in that respect might be
changed by the wavering policy of the Court, or by the pressure of those just
charges of venality to which he is exposed : but looking around, I felt it became
me to take every precaution, consistent with my situation, for shielding myself as
2 Q 2
300
Her Majesty's officer from any imputation that the actual proceedings at Canton
had my countenance, or were produced by my movements. „ •
Should any serious disaster ensue, threatening the lives of Her Majesty's
subjects engaged in these pursuits, (and in my own judgment this result is per
fectly probable,) I shall not fail to found the strongest remonstrances against such
extreme measures upon the Governor's rejection of these last proposals.
That circumstance would fully justify a representation to the Court, that the
irregularities leading to the mischief were the consequence of his Excellency's
manifest and disgraceful corruption ; and that, therefore, he alone was responsible
for all those evils which might have been prevented if he had been honest enough
to do his own duty, or to permit me to do mine.
Connected with this subject, it is necessary I should report to your Lordship
a striking and painful event which has just taken place at Macao.
About a week since, an unfortunate Chinese was executed immediately
without the walls of this town by strangulation; as the sentence inscribed over
him bore, for traitorous intercourse with foreigners, and for smuggling opium and
Sycee silver.
■ This is the first proceeding of this nature which has been taken by the
Chinese Government in this part of the empire.
The place of execution (quite unusual), and indeed the terms of the sentence,
plainly indicate that it was adopted mainly with a view to the intimidation, and
for an example to the foreigners.
It is also stated (and probably with truth) that this execution, and the
manner of it, were by the special command of the Court. But be that as it may,
with the prisons full of persons charged with similar offences, and with public
executions for them, it is not to be supposed that the Provincial Government can
venture much longer to permit the delivery of opium out of British armed-boats,
almost under the walls of the Governor's palace at Canton : neither is it likely
that they will succeed in driving them out without bloodshed.
Even putting all higher considerations out of view, I must remark that this
last seems to me to be a very unfortunate turn for such a trade to have taken.
That it is advantageous to the individuals immediately concerned in such a
channel there can be no doubt, but it is at the same time a state of circumstances
which must necessarily, sooner or later, force itself under the active treatment of
the Chinese Government. And whenever that result does take place, it cannot
fail to be extensively mischievous to the whole traffic
I take the liberty to observe to your Lordship that I never advert to this
subject without extreme reluctance; but it is daily assuming so very serious an
aspect, and connecting itself so intimately and so unfortunately with our regular
trade and intercourse with this empire, that I feel it is my duty to keep Her
Majesty's Government informed of the general course of events in relatiou to it.
* I hfl.vc See
(Signed) ' CHARLES ELLIOT,
Chief Superintendent.
Inclosure in No. 120.
Macao, March 17, 1838.
THESE are the thoughts of Elliot, the English officer, concerning his actual
situation with the Government of these Provinces.
To his own country the distance is great, and many months must elapse
before instructions can arrive for his public guidance.
He fears that the absence of responsible authority over his countrymen for
so long a period may produce dangerous and deeply-rooted irregularity leading to
violent modes of remedy : and in such proceedings it is to be apprehended inno
cent men might suffer to the great risk of the maintenance of peace between the
two countries.
Thus seriously impressed, Elliot has faithfully and earnestly examined his
instructions with the hope they may leave open some means of re-establishing his
communications with the Provincial Government, not at variance with the
customs of this empire, or with the commands of his own Sovereign.
301
His Excellency the Governor, a high and wise officer, has been pleased to
signify through the merchants, that it is contrary to established usage that officers
of his rank should address their communications to his Excellency under any
other character than " Pin." Elliot is of opinion that this fact should be formally
communicated to him for the information of the Government of his nation, but as
yet that has not been done.
It is therefore to be wished that his Excellency would command the Kwang
Chow Foo and the Kwang Chow Heep to take a copy of his pleasure, and forward
it direct to Elliot, setting forth the custom that native officers of the fourth rank
always address his Excellency under that character.
Thus will Elliot be enabled to lay this matter perspicuously before his own
Government, and erroneous statements upon a point of moment to the mainte
nance of a good understanding will be avoided.
Till further Instructions can arrive from England, after this declaration of
his Excellency shall be known, perhaps it may not be difficult to permit Elliot to
send his sealed communications addressed to the Kwang Chow Foo, and the
Kwang Chow Heep ; by those honourable officers to be opened and laid before
his Excellency. And in like manner his Excellency, when he thinks fit to com
municate his pleasure to Elliot, either in reply or otherwise, may submit his
commands to the before-mentioned honourable officers, to be by them copied and
transmitted to Elliot.
Between these honourable officers and Elliot there need be no superscription
on the addresses except the names and titles of each officer ; because it is recorded
in a memorial to His Imperial Majesty that Elliot also is an officer of the fourth
rank in his own nation.
. In this manner will he be in a condition to return forthwith to Canton, and
resume the performance of his duties, of which there is urgent need.
And thus will it be seen by the Government of his nation that the senti
ments of his Excellency are in accordance with those principles of high wisdom
which are the characteristics of the Emperor.
(Signed) . CHARLES ELLIOT,
Chief Superintendent.
No. 121.
Captain Elliot to Viscount Palmerstm.—(Received December 1, 1838.)
MLord, Macao, April 28, 1838
I HAVE the honour to inclose the continuation of the correspondence which
has passed between the creditors, the Provincial Government, and the Hong
merchants, upon the subject of the Hing-tae bankruptcy, since the transmission
of my Despatch of the 29 th of March last.
The Inclosure No. 1, is a letter from the Hong merchants to the cre
ditors, dated on the 4th instant. I believe there is no exaggeration in this
account of the extortions to which they are liable : and it is certain that they
have understated their present enfeebled condition. This paper will form No. 26
of the whole series of correspondence.
The Inclosure No. 2, is a separate address to the Governor of Canton by the
British firm of Jardine, Matheson, and Co. This paper has not been forwarded
to me officially ; but it is necessary that it should be laid before your Lordship,
because the Governor notices, and acknowledges it in his general reply to the
creditors (No. 4 of this Despatch). This address will form No. 27 of the
whole series.
The Inclosure No. 3, is a separate address from the British firm of Turner
and Co., and is transmitted for the same reason as No. 2. It will form No. 28
of the whole series.
The Inclosure No. 4, is the reply of the Governor of Canton to the address
of the creditors (No. 25 of the series), as well to the above separate addresses
of Messrs. Jardine, Matheson, and Co., and Messrs. Turner and Co. It will
form No. 29 of the whole series.
I am without any hope, my Lord, of a reasonable adjustment of these claims
302
by the order of the Provincial Government ; and the necessity of establishing
sure means of communication with the Court through some nearer and less inte
rested medium than that of the Governor of Canton, is forcibly manifested in
the reply he has now ventured to make to these creditors.
A different spirit will exist when the Provincial Authorities are made
sensible that just causes of complaint against them can and will always be
pressed upon the Imperial attention by the official agents of Her Majesty's
Government.
1 llciYC &C.
(Signed) ' CHARLES ELLIOT,
Chief Superintendent.
Inclosure 1 in No. 121.
The Hong Merchants to the Creditors of Hing-tae Hong.
A respectful communication. April 4, 1838.
THE foreign debts of Hingtae Hong we before resolved to pay in nine
years, by instalments ; but to this arrangement, you, Gentlemen, have not yet
assented. Yet the period of nine years seems to us even too short ; and we are
not without fear that we shall be unable to repay the whole in the time stipu
lated. We call to mind that of public claims upon us the amount from year to
year is not less than 300,000 taels, consisting in tribute, charges for the military
expenses of the new territory, (in Tartary.) subsidies for repairs of forts, and
purchases of ginseng. We have also to pay up the public claims on Fatqua'a
Hong, amounting to more than 300,000 taels, and those on the Hingtae Hong
to the amount of 100,000 taels and upwards. Moreover each Hong has foreign
debts of its own to discharge. Thus in every direction we have payments to
make. And besides all this, Kingqua's Hong is now in arrear of the public
claims on it to the extent of 300,000 taels, while the foreign claims against it
exceed a million. This Hong, although, we are thankful to observe, it is your
wish to keep it from bankruptcy, yet will not, we are disposed to think, be able
to sustain these payments, and it will be requisite for us to make other arrange
ments therefore.
Of the profit gleaned by us in the course of a year or two, though it yield
after payment of the various public claims, a small remainder, yet something is
absolutely requisite for hire of labour, repairs, salaries, and ordinary expenses.
And with your perfect understanding of matters, and good sense, you must
perceive, Gentlemen, on a careful consideration of the subject, that if the time
stipulated for payment of Hingtae's debts be too brief, it will be in truth beyond
our power to adhere to it. Should we be able to pay the debts of another, then
our own debts must remain unpaid, and we must all in consequence successively
be ruined and fail. With your known intelligence it would be difficult herein to
deceive you.
Even for the duties that are in arrear, and which are not on the same
footing with private debts, we have been compelled to solicit the Imperial
favour to extend the limited period of payment to three years, and suffer us to
pay them by instalments. How much rather, then, should the individual debts
which we are discharging for others be so dealt with ! We still entreat you,
Gentlemen, to assent to the period of nine years, that we may put forth our
energies to sustain the payment and to discharge the claims within the allotted
period. Thus all may remain at ease, and we enjoy your highly prized friend
ship. For this purpose we write, and with compliments,
We remain, &c
3rd Month, 10th day (4th April, 1838.)
True Translation.
(Signed) J. Robt. Morrison,
Chinese Secretary and Interpreter.
Inclosure 2 in No. 121.
Messrs. Jardine, Matheson, and Co., to the Governor of Canton.'
- Canton, March 21, 1838.
IT is with extreme reluctance we again trouble your Excellency with the
affairs of the Hingtae Hong; but having waited in vain for upwards of two
months, in expectation of a reasonable proposal from the Hong merchants for the
liquidation of the said debts, in pursuance of the order issued by your Excellency
on the 6th day of January last, [11th day of 12th moon,] we can no longer
delay bringing to your Excellency's notice, that on the 20th day of January we
received an assurance from the senior Hong merchants, Howqua and others, thaCt
our claims should have their particular attention in the course of the first month
of the Cliiuese year ; but up to this hour nothing has been done. . ..
On the 26th of this moon, we addressed the inclosed letter to Howqua and
the other members of the Cohong, from which, and his reply, it appears that the
foreign merchants have in the last four years paid upwards of 1,500,000 dollars to
the Hong-yung fund without drawing from the said fund one dollar ! And now
when the Hingtae Hong, by an act of swindling, retains foreign property to
upwards of two millions of dollars, they, the Cohong, propose paying the sum back
without interest in nine years.
The proposal is so manifestly unjust, that we bring it once more to your
Excellency s notice, in full confidence that orders for a more equitable settlement
will emanate from your Excellency's sense of justice, and save yourself and us
the trouble of further appeal. With this view we address your Excellency, and
remain,. &c
(Signed) JARDINE, MATHESON, and CO.
Sub-inclosure in Inclosure No. 2.
To Howqua, Senior Hong Merchant, and tlie other Members of the Co-hong.
Dear Sirs,
I WAS favoured on the 13th ultimo, with your letter of the 12th, proposing
to liquidate the debts of the Hingtae Hong, by instalments, in nine years, and
requesting me to communicate the same to the other creditors.
This communication was made accordingly, and their unanimous refusal to
accept such unreasonable and unjust terms was made known to you by Mr.
Turner and myself, early in this month ; but having heard nothing from you or
the Consoo since, I shall now reply to your letter in writing.
The Creditors have attentively examined, and duly weighed, the arguments
advanced by the Cohong ; and I beg leave to trouble you with a few observations
thereon.
Your statement of the debts due by the two Hongs of Gowqua and
Pongqua, 1,400,000 taels, .or 1,944,444 dollars, paid in ten years, from the
limited foreign trade of that period, is liberal in the . extreme, when compared
with your offer to pay the claims against the Hingtae Hong, 2,261,439 dollars, in
nine years, from a trade of nearly double the amount.
In the course of six years, the debts of Manhop and Chungqua were paid, from
the proceeds of tea, out of the Company's treasury, between the years 1829 and
1834, amounting to 1,995,300 dollars, when the quantity of that article annually
sent to England was only 30,000,000 of pounds; and the same contributions
which enabled the Cohong to pay annually 378,434 dollars for the three last
years, have been paid by the foreign merchants to the Consoo fund or Hong
yung, ever since, that is for four years, or upwards of 40,000,000 per annum,
without one dollar having been claimed by them from the said fund. And still,
the Cohong propose paying the claims now made in nine years, after having
already received more than three-fifths of the whole sum claimed, 1,513,136
dollars. Is this reasonable or just? It is well known that the foreign claims
have on all occasions and at all times, been paid by this Hong yung tax on the
304
foreign trade, a tax instituted for the express purpose, and which ought to have
ceased being levied the moment there were no foreign debts to be paid off. In
fact, the Cohong must have gained rather than lost by the payment of the
foreign claims from means so abundantly ample.
(Signed) W. JARDINE.
Inclosure 3 in No. 121. :
Messrs. Turner and Co. to the Governor of Canton.
A respectful Address.
WE received so long ago as the 8th of January, your Excellency's reply to
our former petition, and should have considered it necessary to answer it much
earlier, but for the solemn pledge made to us by the senior Hong merchants, that
a satisfactory settlement with Hingtae's creditors should be come to in course
of the 1st moon of the present year. Resting upon this pledge being faithfully
redeemed, we were in hopes that there would no longer be any necessity for
troubling your Excellency.
It is, therefore, with extreme regret that we now find the necessity returned
upon us of appealing to your Excellency, and that, too, with feelings of the
keenest disappointment to complain, not only of the pledge so solemnly given
not having been redeemed, but of the day seeming to be as far distant as ever for
settling our very heavy and long-pending claims.
Your Excellency, in replying to our last petition, states, that the Hong
merchants had of themselves proposed to liquidate the debts of the Hingtae
Hong in fifteen years ; but that your Excellency considering that period too
long, had directed them to reduce it to twelve years.
Upon this we beg to remark, that, had your Excellency's reduction of three
years brought the time of payment within seven years from the period of the
Hong's stopping, we should have felt disposed to accede to it, but when the
magnitude of the amount is considered, and how greatly the want of so large a
portion of their capital must cramp the trade of the several creditors, and also
what heavy pecuniary loss they are suffering by no interest whatever being
allowed them ; when this combination of evils is considered, your Excellency will
not be surprised to learn, that our determination is, not to cease appealing to
your Excellency's sense of justice until a more equitable period be named.
And as the Hong merchants have of themselves recently proposed to reduce
your Excellency's period of twelve to ten years, your Excellency cannot but
perceive in such a proposition, an admission, on their part, of the unreasonable
ness of their first offer, and that they only wait the further commands of your
Excellency to agree to a more just settlement.
To convince your Excellency of the unanswerable reasonableness of our
proposal, we have only to lay before you the following facts:—
First—That from the year 1829 to the year 1834, the Cohong paid the
following amount of debts, owing by insolvent Hongs, viz. :
Debts to foreigners .... 2,226,767 dollars.
Duties 488,619
Making in all 2,715,386
Paid in the space of five years, being at the rate of 543,077 dollars per annum,
being more than sufficient to pay off, in a much shorter period, the amount due
from Hingtae, supposing no interest to be paid thereon.
Secondly—That from the early part of 1834, until the present date, no
claim whatever has been made by foreigners upon the Cohong, though the
foreign trade has regularly contributed the regular Hong yung tax for the purpose
of liquidating foreign debts. And,
Thirdly—To which we particularly beg to call your Excellency's attention,
the trade of this port, both of imports and exports, has increased fully one third,
and that, too, on articles, the Consoo duties on which press most heavily. In
illustration of this most important fact, we beg to refer your Excellency to the
statement at foot.
305
. . .With auch an accumulation of facts in our favour, what reasonable objec
tions can the Cohong raise to our most equitable, and for our own welfare, far too
indulgent proposal ? Your Excellency will surely not allow poverty to be
pleaded, when so large sums have been levied within these four years for the
Consoo fund, a fund established expressly for paying the debts of bankrupt
Hongs, and upon which no claim whatever has been made by foreigners during
the whole of that period ! Your Excellency is besides well aware, that we look
not to the Hong merchants for satisfaction of these claims, but to the Imperial
Government itself. It is the fixed notorious law of the empire, and upon the
good faith of which the British nation has for so long a period traded with it,
that the Imperial Government holds itself responsible for the just debts of its
subjects. We cannot but regret the annoyance your Excellency complains of
from these our frequent remonstrances, and earnestly entreat your Excellency at
once to put an endto them by directing an early settlement of our just demands.
We have &c
(Signed) TURNER and CO.
Appended.
Comparative statement of Tea and Silk Exports and Cotton Imports, in the ,
years 1832, 1833, 1834, 1833, 1836, and 1837.
Teas in 1832 347,318
» 1833 355,191
„ 1834 401,750
1,104,259
„ 1835 484,340
,, 1836 468,066
n 1837 544,119
1,496,525
Increase 392.266 Peculs.
Silk in 1832 . 6,283
„ 1833 . 4,436
„ 1834 . 8,061
18,780
„ 1835 . 9,000
„ 1836 . 9,223
„ 1837 . 10,762 28,985
Increase 10,205 Bales.
Cotton in 1832 449,068
1833 417,398
1834 442,640
1,309,106
„ 1835 630,746
1836 506,117
w 1837 642,372
1,779,235
Increase 470,129 Peculf.
305
Inclosure 4 in No. 121.
#
The Governor of Canton to the Hong Merchants.
ON the 8th of April I received, from Dent and others (creditors of
Hingtae), an Address, as subjoined ; and also like addresses from Jardine and
Turner.
[Here follow the three Addresses tn/uZ/.J
These coming before me, the Governor, I have fully investigated the sub
ject. Yen Kechang and his associates, merchants of the Hingtae Hong, having
managed their affairs badly, and fallen in debt to the foreign merchants, these,
seeing their difficult position and urgent necessities, and the impossibility of
heir at once paying off their old debts, conceived the idea of taking advantage
of these circumstances to scrape and peel them, and gave them goods at an
enhanced price, compelling them to receive the same. In this way, after the
accumulation of months and years, the debts reached the large amount of twtf.
millions of money. It is thus certain, that these merchants brought on their
trouble themselves, and also that the origin of the whole is to be found in the.-
secret plundering exercised by the foreign merchants and their large risking'
speculations. I the Governor, in humble deference to the extreme goodness
cherished by the great Emperor, and his tenderness towards foreigners, made no
inquiry into the conduct of these foreign merchants, but simply directed Yen
Kechang and his associates to be apprehended and tried, and their property
placed in secure keeping I at the same time commanded the two bodies of
merchants,—the Hong merchants and the foreigners,—to examine and ascertain
in concert the red amount of the debts ; and I laid my injunctions on the Hong
merchants to determine in what portions, and within what period, they would
pay oft" the whole on behalf of Yen Kechang and his fellows. Thus I arranged
that the money should certainly be recovered. Afterwards, on all the foreign
merchants representing that the period of fifteen years was too protracted a one,
I granted permission to reduce it to twelve years ; within which period the
whole of the debts should be discharged. In this, indeed, I have gone to the
utmost degree of kindness, and the extreme verge of justice. The foreign mer
chants, though they have been born, and have grown up out of the pale of
civilization, yet are all provided with innate consciousness of good. How greatly
ought they to be roused by gratitude, to rest in a dutiful and implicit obedience.
Yet hardly was the former decision declared, when now again these foreign mer
chants, Dent and others, and Jardine and Turner, scheming to gain a speedy
settlement, oppose my decision, and bring their addresses separately before me.
Such ill-considered and unreasonable expressions as are here found, whence can
they have emanated, unless from persons of hearts and feelings alien from those
of the rest of mankind ?
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