iS!;<;«;!;'M'i'M'fif'ss^!r>:: mi^ss'X S^Wik'i :^:i j^ m^>.:i^i } Correspondence upon the Subject of Emigration from China, 1855 Return: Chinese Immigration, 1853 Emigration: Emigration from China to British G-uiana and Trinidad, 1858 Hong Kong: "Copies or Extracts of Correspondence between the Colonial Department and the Governor of Hong Kong, and between the Colonial Department and the Foreign Office, on the subject of Emigration from Hong Kong, and from the Chinese Empire to the British Test Indies, and to Foreign Countries, and their Possessions, since the 1st day of January 1853" ^J p ^ '' ^ <^:'-^ I. CORRESPONDENCE UPON THE SUBJECT OF EMIGRATION FROM CHINA Presented to the House of Lords by Command of Her Majesty. 1855. LONDON : FEINTED BY HARRISON AND SONS. LIST OF PAPERS. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. Mr. Merivale to Mr. Addington Four Inclosures. The Earl of Clarendon to Sir George Bonham Mr. Merivale to Mr. Addington Seven Inclosures. Mr. Addington to Mr. Merivale The Earl of Clarendon to Sir John Bowring Mr. Merivale to Mr. Hammond Two Inclosures. Mr. Hammond to Sir George Bonham hir George Bonham to Mr. Hammond Sir J. Emerson Tennent to Lord Wodehouse One Inclosure. The Earl of Clavendon to Mr. Sulivan. . The Earl of Clarendon to Sir John Bowring Sir J. Emerson Tennent to Lord Wodehouse The Earl of Clarendon to Sir John Bowring Sir John Bowring to the Earl of Clarendon One Inclosure. Mr. Hammond to Mr. Merivale Mr. Peel to Mr. Hammond . . One Inclosure. Mr. Elliot to Mr. Hammond One Inclosure. Lord Wodehouse to Mr. Merivale The Earl of Clarendon to Sir John Bowing Sir John Bowring to the Earl of Clarendon One Inclosure. The Earl of Clarendon to Sir John Bowring Consul Robertson to Mr. Hammond . . One Inclosure. The Earl of Clarendon to Sir John Bowring Consul Robertson to Mr. Hammemd . . One Inclosure. Mr. Sulivan to the Earl of Clarendon , . One Inclosure. The Earl of Clarendon to Sir John Bowring Sir John Bowring to the Earl of Clarendon C)ne Inclosure. Mr. Sulivan to the Earl of Clarendon . . P'our Inclosures. The Earl of Clarendon to Sir John Bowring Sir John Bowrinp: to the Earl of Clarendon Two Inclosures. Sir John Bowring to the Earl of Clarendon Mr. Sulivan to the Earl of Clarendon . . Sir John Bowriag to the Earl of Clarendon One Inclosiire. Sir John Bowring to the Earl of Clarendon One Inclosure. The Eail of Clarendon to Sir John Bowring The Earl of Clarendon to Sir John Bowring The Earl of Clarendon to Sir John Bowring Sir John Bowring to the Earl of Clarendon One Inclo5ure, Sir John Bowring ;o the Earl of Clarendon Sir John Bowring to the Earl of Clarendon One Inclosure. Acting Secretary Woodgate to Mr. Hammond Twenty-two Inclosures. Mr. Merivale to Lord Wodehouse One Inclosure. The Earl of Clarendon to Sir John Bowring Extract from a Letter from Mr. John Pardon Burnett One Inclosure. The Earl of Clarendon to Mr. Sulivan September 15, 1853 September 19, March 28, 1854 Page April April June June July July July July August August June 4, 5,' 12,. 28, . 4,' II, 15, 18,. 4, • 9, • 5,- September 6, September 7, October 18, • October 24, ■ October 24, ■ September 15, ■ November 21, • October 9, ■ December 8, November 10, ■ November 25, • December 22, to Captain John April April April Mai'ch March March March June June May July 7,- 7, • 23, ■ 2, 5, 6, 14.. 15, 18, 5, 16, 9 9 16 17 17 22 22 25 30 30 31 32 32 51 52 54 56 57 57 58 58 59 59 61 January 6, 1855 61 November 28, 1854 62 63 February 21, 1855 68 December 18, 1854 68 December 31, 70 January 21, 1855 71 February 3, 71 February 8, — 71 73 73 73 73 74 75 75 91 92 92 93 Correspondence upon the subject of Emigration from China, No. 1. Mr. M&twah to Mr. Addin^tQn.-^-(Received Septemh&r 16j (Extract.) Downing Street, September 15, 1853. I AM directed to acquaint you, for the inforniation of the Earl of Clarendon, that the Emigration Commissioners took advantage of the simultaneous presence in this country of Mr. White, Emigration Agent in China, Dr. Bowring, Consul at Canton, and Dr. Winchester, First Assistant in the Consulate at Amoy, as v/ell as of Sir Henry Barkly, on his return from the Government of British Guiana, to hold various conferences on the best mode of adding to the security and efficiency of Chinese emigration. Inclosed is a copy of the Commissioners' report of the result of those conferences. Great difficulty, it will be observed, was felt in devising any plan which should be free from objection, for attempting to establish a general control over all emigration from China in British vessels, whatever might be their destination. The Commissioners describe, in paragraphs 7 and 8, two projects of law which had been thought of for the purpose, but without undertaking themselves to recommend their adoption. The Duke of Newcastle did not feel prepared to advise the proposal of such laws to Parliament. But I am desired to state that, in accordance with the general opinion expressed by all the officers practically acquainted with the subject, the Duke of Newcastle has directed that emigration to the British West India Colonies should be conducted solely under the management of a responsible agent, and has instructed that agent to use every exertion to make Hong Kong the common starting-place for Chinese emigrants proceeding to the West Indies, only leaving him discretionary power to have recourse to Amoy, if it should be found indispensable, and if thex'e should be no reason to apprehend any abuses or disturbances there, or any collision with the Chinese authorities, I am desired to inclose, for Lord Clarendon's information, the copy of a despatch addressed on this subject to the Governors of Jamaica, British Guiana, and Trinidad, which will put his Lordship more fully in possession of the mode in which it is proposed that the Chinese emigration to the West Indies should be conducted. Inclosure 1 in No. 1. The Colonial Land and Emigration Commissioners to Mr. Merivak. Colonial Land and Emigration Office, (Extract.) Mf 27, 1853. 1. WE beg tp offer the following report on the future conduct of Chinese emigration. 2. Under directions from the Colonial Office, we have commtmicated [255] B 2 with Sir H. Barkly, the late Governor of British Guiana; Mr. White, late Emigration Agent in China; Dr. Bowring, late Superintendent of Trade in that country; and Dr. Winchester, First Assistant in the Consulate at Amoy ; and we annex the copy of a letter on the subject of Chinese emigration, which embodies the views of the latter gentleman, in which Dr. Bowring concurs. 3. We will first report on the general emigration from China which is carried on in British ships, and next on that which is carried on to and at the expense of the West Indian Colonies. 4. The abuses which have attended the general Chinese emigration, especially to Cuba and Peru, need hardly be specified. It is alleged that great malpractices are resorted to in the collection of emigrants on shore ; that on shipboard they are ill fed, ill treated, and grossly overcrowded ; and that they are treated lilie slaves in some of the countries to which they are taken. 5. It would appear difficult to deal with abuses which take place in collecting foreign emigrants in a foreign country, having its own political and judicial organisation, and jealously alive to any interference with that organisation. Nor do we observe that Dr. Winchester, in the annexed paper, recommends any such interference. Whether practicable or not, it does not seem to be a matter on which this Board could offer any useful suggestions. 6. In order to secure that the emigrants are properly treated on the voyage. Dr. Winchester suggests — first, that heavy penalties should be imposed on British ships taking emigrants from any other port in China than those which are or may be open to trade with foreign countries ; and secondly, that British ships proceeding from these last-mentioned ports should be brought within the Piassengers Act. And as it is highly conceivable that disputes may arise out of this emigration which may bring foreigners into collision with the authorities or people of China, he further proposes that the Superintendent of Trade should be invested with the power of prohibiting emigration altogether from any given port, if emergencies should arise requiring such a step. 7. The effect of enforcing any rigid regulations at the legal ports of China might be to drive British ships to unauthorized ports where they would be still less under surveillance than they now are at Amoy. And this probability is strengthened by the fact that the tumults at Amoy have already produced an emigration from the unauthorized parts of Namoa and Cumsingmoon. How far the force at the disposal of the Superintendent of Trade or British Consuls is sufficient in any sup- posable state of the law to prevent such a result, is a matter on which we can form no judgment. But assuming it to be sufficient, and therefore that a law passed for regulating' emigration from the open ports, and prohibiting it from all others would not be a dead letter, we do not doubt that an Act of Parliament for that purpose would be extremely beneficial. It is true that Her Majesty possesses unlimited power of legislation by Order in Council for her subjects resident within China under the Act 6 & 7 Vict, cap. 80; but regulations imposed under this Act would be only enforceable within 100 miles of the coast, and therefore not in any British Colony which the ship might reach, or on the high seas where she might be stopped by British cruizers. The British Passengers Act, however, would require modification in its appli- cation to China. 11. The power of temporarily suspending emigration in British ships, with which it is proposed to invest the Superintendent of Trade, might operate to deter the better class of shipowners from engaging in a trade liable to such a risk. But we feel a difficulty in offering any opinion on a proposal which apparently rests very much on a political necessity, that of guarding our relations with China from disturbance. 12. With regard to Dr. Winchester's further proposal, that emigration in British vessels to foreign slave-colonies (in which emigration the great abuses have occurred) should be prohibited, we would observe, first, that in cases of determined fraud, such a prohibition would "probably be evaded by a system of false clearances; and liext, that most embarrassing ques- 3 tions must arise as to the form of slavery or degree of ill-treatment which would justify us in preventing- emigration to this or that foreign country. 15, In treating of the West Indian emigration, we should, perhaps, commence by stating what has already been done. Three ships have arrived in British Guiana and two in Trinidad ; the subjoined table shows the numbers embarked in each, the number of deaths, and the number landed alive. Ships. Embarked. Deaths. Landed. British Guiana. Gl'entanner . . 305 43 262 Lord Elgin . . . . . , 154 69 85 Samuel Boddlngton 352 52 300 811 164 647 Trinidad. Australia' . . 445 13 432 Clarendon . . 254 3 251 699 16 683 Besides which, the " Lady Flora Hastings," calculated to carry about 320 emigrants, has left China for Trinidad, and the "Emigrant" for Demerara. We regret to learn, however, that the " Emigrant" has been detained at Hong Kong by a fever which has broken out. 16. The British Guiana emigration is purely on bounty; that to Trinidad under our agreement with Messrs. Hyde, Hodge, and Co. The "Glentanner" and " Lord Elgin" fell under no Government inspection whatever. The remaining ships were more or less inspected, though without any legal power of interference, by Mr. White. 17. Both in British Guiana and Trinidad the emigrants appear to have given great satisfaction to their employers. Sir H. Barkly, in his despatches of the 26th of February and 3rd of May last, describes them as intelligent and energetic, with great respect for authority, and a perfect appetite for earning money by labour. And the letters inclosed in Lord Harris' despatch of the 22nd of April last give the same account of their intelligence, willingness, and aptitude for work. And there seems every reason for hoping that they may prove as valuable in the West Indies as they have in the Eastern Archipelago, where they are described as carrying prosperity with them wherever they go. 18. Trinidad has not applied for any more emigrants: but British Guiana has applied for 1,500, and we are informed that 2,000 have been promised to Jamaica. If the wish of the Court of Policy of British Guiana is acceded to, we shall therefore have to take measures for the eraioration of 3,500 adults from China. In recommencing the emigration, however, it is necessary to take such steps as shall disjoin it, as far as possible, from abuses, shall avoid the risk of collision with the Chinese people or authorities, and shall secure proper treatment of the emigrants on the voyage.' 19. With all these objects, the Court of Policy of British Guiana, and the West India Committee, concur in desiring that Mr. White should resume his post of Emigration Agent in China; and the West India Committee are desirous that his salary should be increased to 1,500/., which is the present salary of Mr. Caird ; Mr. White, on his part, engagirg- to remain in China till the 3,500 Chinese now ordered are dispatchea to British Guiana and Jamaica. 20. In these recommendations of the West India Committee, we beg to express our concurrence. The extremely precarious nature of the employment would render it very difficult to find a person ready to accept it, who united the qualifications of tact and activity with knowledge of the wants of the West Indies, and of the circumstances of Chinese emigra- tion, and who also had the advantage of possessing the confidence of the West Indian body. And it is most important for the success of an under- taking on which so much depends that Government emigration, at its commencement, should be superintended by a gentleman possessing these advantages. We may also point attention to the circumstance that, ot the three ships dispatched after his arrival in China, two reached their destination with a very trifling mortality, while the third was dispatched under circumstances so unfavourable as to afford no fair test of the advan- tages of Government super\^ision, if indeed such supervision can be said to have taken place. In the ships dispatched without any such superintendence, it will be seen that the mortality was deplorable. 21. We would submit, therefore, that Mr. V/hite should, for the present, receive the same salary as the Emigration Agent at Calcutta, whose operations, though no doubt of much greater magnitude, are also much less delicate than those entrusted to Mr. White. 22. If Mr. White returns to China as Emigration Agent, it is ag:reed by all with whom we have communicated that the head-quarters of the emigration should be placed at Hong Kong, and that ships should be solely dispatched from thence, until circumstances should render it prac- ticable, without risk of abuse, to resume Government Emigration from Amoy. This was the unanimous opinion of Dr. Bowring, Dr. Winchester, and Mr. White, and, we believe, of gentlemen concerned in the West Indies. 23. A difficulty, however, will arise from the operation of the English Passengers Act. 24. The space required for immigrants by the Indian law, and actually allowed to coolies emigrating to Mauritius or the West Indies, is 12 super- ficial feet per statute adult ; but the Passengers Act requires, in voyages through the tropics, 15 feet. This Act has, of course, no effect in Chinese ports, and therefore the emigration could be there carried on on the footing of the Indian law. But in Hong Kong, as in all British Colonies, the English Act is in force, and would have the effect of reducing the comple- ment of ships employed in the Chinese emigration by no less than 25 per cent., and, we are informed, of raising the cost of passage 21. or 3/. per adult — a very material consideration when a transaction affecting 3,500 emigrants is in question. 25. We have before adverted to this question, and had hoped, before reporting upon it, to have obtained some decisive experience of the Chinese emigration. But this is not the case. In the three ships sent to British Guiana a great mortality occurred ; but of these, the first and second had long and harassing voyages, leaving China during the south-west monsoon, the second and third carrie the hearts of all Peruvians, as well as Englishmen, in favour of the unhappy beings already there. But as to the future deportation of Chinese to Peru, Cuba, and other slave-holding countries, we humbly conceive your Lordships could put a stop to that without dtelay, by means- which your official wisdom will suggest to you — means of which, if we- had the knowledge, it would be presumptuous on our part to point out to* your official experience. Nor is it necessary to advert to the ultimate bearing this Slave Traffic will have on our moral influence, and the lives and property of our defenceless countrymen in China, who have not engaged in it, but from time to time denounced it. For we are sensible that your Lordships' hearts will incline to a good cause, uninfluenced by fears of mere expediency. We trust that your Lordships, after a hard day's labour, called for by the circumstances of war in which this country is placed, will not, when snatching a glance at your family circles, and the Christian blessings surrounding you, forget the claims the, miserable Chinese have on your active sympathy ; and that, amid the pressure of public business, while contributing to the discomfiture of a colossal and encroaching despotism, vou will stretch out a mercifiil and helping hand to helpless and unresist- ing^ sufferers. That th,e God of mercies will direct your hearts in this good work, is the earnest prayer of your Lordships' most humble servants. (Signed) JAMRS TURNBULL. FREDERICK ACOCK. JOHN HENDERSON SMITH. JOHN COULTER. JOHN PURDON. JOHN W. SYMONS. CHAS. ROBERTSON. WILLIAM CAITHNESS. London, June 27, 1854. EDWARD OAGER. 30 No. 10. The Earl of Clarendon to Mr. Sulioan. Sir, Foreign Office, July 15, 1854. I TRANSMIT to you herewith a copy of a letter* from the Board of Trade, inclosing- a copy of a memorial from certain shipmasters lately returned from the Chincha Islands ; and I have to state to you that I have read with horror and disgust the details therein contained of the cruelties practised on the unfortunate Chinese labourers employed in the export of guano under the authority of persons responsible to the Government of Peru. You will make the whole subject known to the Peruvian Government, whose ignorance of these revolting atrocities Her Majesty's Government are bound to assume; but they trust that not a single day will be allowed to pass without the most stringent measures being taken for putting an end to a state of things the toleration of which would inflict indelible disgrace upon the Peruvian Government. Her Majesty's Government learn with deep regret that, by British agency, and under the British flag, these Chinese labourers have been brought to the Chincha Islands, and placed in a state of slavery more horrible than any yet recorded; but this fact imposes an additional duty on Her Majesty Government. Under any circumstances, they would interfere in defence of outraged humanity ; but they are now specially called upon to protect these victims of brutal cupidity, and from that duty they will not shrink if, unfortunately, the Peruvian Government should hesitate to perform the duty which, in the first instance, devolves upon them ; but if, as is to be hoped, the necessary orders are issued, you will request that some person, on whose firmness and intelligence yon can rely, either from Her Majesty's Mission or from the British Consulate, be permitted to accompany the Peruvian officer ; first, in order to verify the statement contained in the memorial to the Board of Trade ; and next, to ascertain in what manner the orders of the Government are executed. Instructions, however, v/ill be sent to the Commander of Her Majesty's Naval Forces on the Pacific Station, to visit the Chincha Islands, to ascer- tain the real state of things there, and at once to adopt such measures for the protection of the Chinese, and the punishment of the overseers and others, as humanity and justice may demand. You will at the same time point out how much the interest of tire Peruvian Government would be promoted by putting an end to misdeeds originating in the corruption of their agents, and by adopting the recom- mendations of the memorialists. You will particularly request that outward bound ships may no longer be required to touch at Callao. I am, &c. (Signed) CLARENDON. No. 11. Tke Earl of Clarendon to Sir John Bowring. Sir, Foreign Office, July 18, 1854. I INCLOSE herewith a copy of a letter* from the Board of Trade inclosing a copy of a memorial from shipmasters lately returned from the Chincha Islands, detailing the cruelties practised on the Chinese labourers employed in the export of guano under the authority of persons respon- sible to the Government of Peru. I inclose also a copy of a despatchf which I have addressed to Mr. Sulivan, Her Majesty's Charg6 d' Affaires at Lima, directing him to all the attention of the Peruvian Government to the revolting atrocities practised on these unfortunate Chinese emigrants, and stating the course * No. 9. t No. 10. 31 which Her Majesty's Government intend to take in the matter. And I have to instruct you to prevent, as far as possible, fresh shipments of Chinese emigrants to the Chincha Islands, in order that a stop may be put to these atrocities. I am, &c. (Signed) CLARENDON. No. 12. Sir J. Emerson Tennent to Lord Wodehouse.— (Received August 5.) Office of Committee of Privy Council for Trade, My Lord, Whitehall, August 4, 1854. IN connection vpith the question of coolie emigration in British ships from China to South America, which has formed the subject of recent correspondence between the Lords of the Committee of Privy Council for Trade, I am directed by their Lordships to request you to bring under the notice of the Earl of Clarendon the following facts connected with the British barque " Susannah," which arrived at the port of Arica in Bolivia on the 27th of May, 1852, having on board 309 Chinese. Mr. Lloyd, Her Majesty's Charg6 d'Affaires, acquainted the Earl of Malmesbury, by despatch dated the I«t June, 1852, that on arrival of this vessel, her passengers had been openly offered for sale at Arica, and that "the captain and his agent there had sold some twenty-five of the Chinese (who had mostly been sent into the interior) for 112 dollars each, and a promise on the part of the purchasers to pay the men 4 dollars monthly," and that " the ship had sailed for Islay to dispose of the remainder." These unfortunate men Mr. Lloyd further states had been seduced from their own country under the idea that they were going to some British Settlement under an engagement for five years. My Lords wish especially to direct the attention of the Ealr of Clarendon to the circumstance that in the case of this ship the master was provided with what purported to be a port clearance, of which the following is a copy : " Copy, No. 11. " Port clearance for the ' Susannah,' under British colours. Captain Lukey, bound for the west coast of South America with Chinese emigrants. " This is to certify, to whorb it may concern, that the master of the above-mentioned barque has rendered an account of her import and export carsfo, and complied with the regulations of the port. "(Signed) J. B. MITCHELL. " (Seal) " Acting Harbour-Master. " Registered. " Harbour-Master's Office, " Victoria, Hong Kong, " January, 23, 1852." From this it appears that the Acting Harbour-Master had certified that the " Susannah " had satisfied the local authorities as to the nature of her export cargo, and that it consisted of Chinese emigrants. Whereas it appears by the report of the British Consul at Arica, and the despatch of the Charg^ d'Affaires at Bolivia, that the " Susannah " cleared out from Hong Kong " in ballast, with no emigrants, and sailed, not for South America as stated in her clearance, but for Cumsingmoon," and there took on board 325 coolies, who were afterwards offered for sale in Bolivia and Peru. My Lords beg to call to the notice of Lord Clarendon that it would be desirable to direct an inquiry to be instituted into the alleged conduct of the Acting Harbour-Master at Hong Kong in granting the clearance in question, at variance as it was with the facts which it professes to attest ; 32 and enabling a ship which took her departure in ballast under colour of that clearance to proceed to another port than that of her professed destination, there to engage in a transaction which bears all the characteristics of trading in slaves. '' I have, &c. (Signed) J. EMERSON TENNENT. No. 13. The Earl of Clarendon to Sir John Bowring. Sir, Foreign Office, August 9, 1854. WITH reference to my despatch of the 18th ultimo, relative to the cruelties practised on Chinese emigrants in the Chincha Islands, I inclose herewith, for your information, a copy of a letter* from the Board of Trade, stating that 309 Chinese were conveyed to Bolivia and Peru, in the early part of 1852, in the British barque " Susannah ;" that 25 of them were publicly sold at Arica on the 27th of May of the above year; and that the master of the " Susannah" then sailed for Islay, in order to dispose of the remainder. I am, &c. (Signed) CLARENDON. No. 14. Sir John Bowring to the Earl of Clarendon, — (Received August 29.) " Winchester," Lat. 29° 33', Long. 122° 40', My Lord, June 5, 1854. I HAVE before me your Lordship's despatch of 5th April, with its sundry inclosures from the Colonial Office, on the subject of Mr. White's proceedings as agent for procuring the coohes for the West Indies. I have read the correspondence with no small anxiety and apprehension. While I held the office of Plenipotentiary, during Sir George Bonham's absence, Mr. White placed in my hands a charter-party by which an emigrant ship had been hired at his suggestion to take in coolies at illegal ports. I then warned Mr. White of the perils to which he exposed himself by so open a violation of the law. On that occasion I learnt that the captain, finding the charter-party was an unlawful contract, emancipated himself from it, and of course could not be proceeded against for so doing. But I did not fail at the same time to inform Mr. White that, as a servant of Her Majesty's Government, he had other duties to discharge than merely to procure coolies for the West Indies, and that in such a position he must be particularly cautious not to sanction or commit illegal acts. With reference to Mr. White's plan for procuring women in Hong Kong, it is practically neither more nor less than to establish, under official protection, a slave market for females in a British colony. Such a scheme is fraught with mischiefs of the most alarming character, and would lead to uncontrollable abuses and abominations. Marriages are the subject of negotiations, bargainings, and contracts but it is not the fact that wives are habitually and regularly, still less univer- sally, bought in China. Concubines are, and the trade of purchasing female children and training them to purposes of prostitution is largely and openly carried on, particularly in the greater Chinese cities. It is clandestinely carried on in Hong Kong itself. But the proposal to authorize and legalize the sale of women on British territory — to furnish money from the public funds for the purpose of purchasing them, to place that money in the hands of ignorant coolies, on the promise that they will afterwards marry the females they buy, appears to me as abhorrent to moral principle and * No. 12. 33 national feeling as it would be opposed to the whole character of modern British legislation. T am persuaded that Hong Kong can be made a place attractive to male emigrants, and a source whence large supplies of labour may be provided for the colonies, but it must be by freeing it from the abuses which prevail elsewhere, and not by giving encouragement and patronage to such abuses. I think it is not impossible that a few women might now and then be induced to accompany their husbands, but such is the appre- hension, not without opprobrium, which attaches to the abandonment of the soil by any Chinese female, and such the power of confederated clan- ships to punish the relations of any willing emigrant, that I see no reason to expect that China will ever furnish any considerable supply of women for emigration, unless they are kidnapped, bought, or by some means made the victims of fraud or force. An interesting paper on the subject of marriage and the domestic relations of China generally, written by Mr. Medhurst, was forwarded to the Foreign Office in Sir George Bonham's despatch of 1st September, 1853, to which I beg leave to call your Lordship's attention. I have, &c. (Signed) JOHN BOWRING. Paper referred to in No. 14, Marriage, Affinity, and Inheritance in China. By W. H. Medhurst, Junior. Read to the Asiatic Society, February 8, 1853. ALTHOUGH so much has been written upon China and the Chinese, it is really surprising that even we, who live in the country, are so slightly acquainted with '' that which before us hes in daily life ;" and perhaps on no one of their many ceremonies and observances are we less informed than on those relating to marriage and inheritance. Both Sir John Davis, in his work entitled " The Chinese," and Dr. Williams, in his " Middle Kingdom," have entered some- what fully into the subject of marriage, and sundry anonymous papers have appeared upon the same topic, from time to time, from the pens of other authors ; but these have generally been confined to simple descriptions of the formalities observed at weddings, or to notices of the general bearings of the institution upon society at large. No definite or correct view can be gathered from any of them as to the legal requirements or conditions of marriage : and as regards the dependent subject of heirship or inheritance, they are nearly or altogether silent. Such is the prevailing ignorance on this subject among foreigners settled in China, that, even among the few who have given attention to the people and their language, scarcely an individual is to be found who could satisfactorily reply to the question, " What are the needful ceremonies — what the legal acts — to give validity to a marriage contract?" Ignorance or imperfect knowledge alone induces one man to aver, that there is no definite ceremony ; another to assert that the married pair had to walk between two cups of Samshoo wine after a showy procession of bride and bridegroom ; or a third to rejoin, that, whatever other formalities were observed, he knew that the public and ceremonious decapitation of a fowl put an end for ever to the bachelorship and spinsterhood of the parties : I was very much puzzled to answer this very question, when put to me in England some few years ago. Men too frequently retail informa- tion obtained from unscrupulous natives, too idle to convey to them the real truth, that the ceremony actually consists of a number of observances, which united, constitute the matrimonial rite, and which are terminated by a closing ceremonial quite as marked as the " Amen " of our Church Liturgy, or the attested "I take thee " of the more secular mode of proceeding. The main observances prescribed by the Ritual,* hold good throughout China, subjected, no doubt, to numerous modifications in diflFerent parts of the country ; nor could it well be otherwise, among a population so large, and covering so vast a propor- * I use this term, here and elsewhere, comprehensively, not with reference to any special code of ceremonial observances. F2 34 tiori of the earth's surface, influenced by all extremes of climate, and charac- terised by almost every variety of geological conforftiation. My'principal object, however, in drawing attention to these subjects is, no so much to throw hght upon the details of wedding formality, or the usages by which title to property is controlled, as to exhibit the institution of marriage, and the right of inheritance, in their various relations as prescribed and protected by law. Sufficient information will nevertheless be elicited in the course of my remarks upon the practice of the Chinese in either particular, to enable the less interested inquirer to satisfy mere curiosity as to the mode of proceeding in either case. It will be noticed that my researches have obliged me to trespass upon two other topics — incest and divorce; which will be considered, I trust, so intimately connected with that of marriage, as to make a few remarks upon them hkewise not altogether out of place. Marriage and Affinity. The earliest notices of the institution of marriage are to be found in the " Yih-king," the most venerated and ancient of Chinese books, treating of the principles of general philosophy, as laid down by sages of antiquity from the mystic diagrams called the "Pa-kwa ;" it is from some of the many emblematical combinations of these that its primary elements are deduced, and its chief obligations inculcated, but in so occult and unintelligible an argument, that I should weary others as well as myself by endeavouring to elucidate it. Later ethical works, some of which date as far back as 1,100 years before Christ, enter more fully into the duties of the married state, and detail the formalities to be observed on entering into it, the principal of which have maintained their autho- rity to the present day, and, with the accompanying injunctions, form the basis of the modern Ritual and Penal Code from which I have derived the greater part of my information. The legislation regarding marriage occupies a prominent place in the Penal Code of China. It strictly prohibits parties who labour under certain specific disabilities from entering into the state of matrimony, and renders its obliga- tions fully as sacred and secure (taking into consideration the peculiar notions of the Chinese) as they can be with ourselves. As proximity of relationship forms one of the chief obstacles to lawful union of the sexes, and as the indication of of the prohibited degrees depends upon a special disposition of the several individuals of a family or clan, with respect to the mourning to be worn for every relative, it becomes necessary for me to introduce a few remarks upon Chinese opinions with regard to relationship, and their mode of classifying its several degrees, before I proceed to dilate upon the subject more immediately under consideration. The ideas of the Chinese as to nearest of kin, whether by blood or by marriage, differ vastly from our own. They divide relationships into two classes, y^ ^ nuy-tsin, and ^Y ^ wae-yin, terms analogous to our " consan- guinity" and "affinity," but conveying, nevertheless, other associations than those which we attach to these words. The former, nuy-tsin, compre- hends all kindred derived from common stock with the individual, but only by descent through the male line ; the latter wae-yin, includes what the Chinese designate -^i '^i, moo-tang, ^ ^ fse-tang, and -^ ^ neu-tang, three terms best translated perhaps by " mother's kin," " wife's kin " and " daughter's kin," and understood by them to mean a mother's relatives, rela- tives of females received into one's kindred by mamage, and members of families into which one's kinswomen marry. Thus, for example, a first cousin twice removed, lineally descended from the same great-great-grandfather through the male line, is a nuy-tsin relative ; but a mother's parents, wife's sister, and a sister's husband, or child, are all equally wae-yin kindred.* The principle upon which the distinction is drawn, appears to be, that a woman alienates her- self from her own kin on marriage, and becomes part of the stock upon which she is grafted ; and it will be necessary to keep this principle distinctly in mind n perusing any further remarks that may be made, as otherwise it will be found have * In order the more easily to distinguish between the nuy-tsin and wae-yin relationships italicised the latter, wherever I have had cause to speak of them. 35 impossible to reconcile the many apparent contradictions in the theory and practice of the Chinese code, The indication of the prohibited degrees depends, then, upon a peculiar genealogical disposition of the several members of a family with respect to the mourning worn for deceased relatives; this I shall now proceed to explain. The Ritual prescribes five diiFerent kinds of mourning, called 5£ B^i woofuh, to be worn for all relatives within a definite proximity of degree, graduating the character of the habit in proportion to the nearest of kin. These habits are designated by certain names, which by a species of metonymy come to be applied to the relationships themselves, and are used somewhat as we employ the terms "first degree," " second degree," and so on ; and plans, similar to our genealogical tables, are laid down, showing the specific habit suitable for each kinsman. The principal one of these, that for a married or unmarried man, comprises cousins twice removed, i.e., derived by lineal descent from a common great-great- grandfather, that ancestor himself, and all relatives included within the two lines of descent from him to them ; below the individual, it comprehends his own descendants (in the male line) as far as great-great-grandchildren, his brother's as far as great-grandchildren, his cousin's as far as grandchildren, and the children of his cousin once removed. In this table nuy-tsin relationship will alone be found ; mourning is worn for very few of the wae-yin and these, though actually, i. e., in our eyes, ties of consanguinity, and deserving far more consideration than many for which a deeper habit is prescribed, are classed among the very lowest degrees of mourning. The same amount of comparative weight wiU be fouhd attached to the wae-yin relationships, when we come to enter upon the restrictions of the laws themselves. Six tables are given in the Ritual to which the five habits are common ; these prescribe the mourning to be worn by — 1 . A man for his kinsmen and kinswom n ; 2. A wife for her husband's kinsfolk ; 3. A married female for her own kinsfolk ; 4. A man for his mother's kinsfolk ; 5. A man for his wife's kinsfolk ; 6. A concubine for her master's kinsfo A seventh table is given, prescribing the mourning to be worn for step- fathers and fathers by adoption, and for step and foster-mothers, &c., but I have not thought it necessary to encumber my remarks by wandering into so remote a portion of the field. To render these details more easily comprehensible, I shall class the rela- tionships in each table under their appropriate degrees of mourning, and leave the reader to examine at his leisure the tables, as arranged in the Ritual, which he will find appended to this paper. It need only be borne in mind that, excepting where otherwise specified, the relationship indicated is a male, and only by a descent through the male line, as for example, that, by " cousin," a father's brother's son alone is meant, not a father's sister's son or daughter. The five kinds of mourning, the names of which, as I have already remarked, serve to indicate the degrees of relationship to which they severally belong, are, — 1. Mf"^ Tsan-tsuy, nominally worn for three years, really for twenty- seven months ; 2. ^ ^ Tsse-tsuy, worn for one year, for five months, or for three months ; 3- ^ 3^ Ta-kung, worn for nine months ; 4. y|\ J^ Seaou-lcung, worn for five months ; 5. ^ J^ Sze-ma, worn for three months. The character of each habit, and the relatives for whom it is worn, are prescribed as follows : — 1. Tmn-tsuy indicating relationships of the first degree. The prescribed habit for this degree is composed of the very coarsest hempen fabric, and left unhemmed at the borders ; it is worn for by a man for his Parents ; 36 by a wife for her Husband, Husband's parents ; and by a concubine for her Master. 2. Tzse-tsuy, indicating relationships of the second degree. The habit prescribed is composed of coarse hempen fabric, with hemmed borders ; it is worn during one year by a man for his Grand-parents, Uncle, Uncle's wife, Aunt (spinster), Brother, Sister (spinster). Wife, Son (of wife or concubine), Daughter-in-law (wife of first-born), Nephew, Niece (spinster), Grandson (first-borp son of first-born) ; by a wife for her Husband's nephew, Husband's niece (spinster) ; by a married woman for her Parents, Grand-parents ; and by a concubine for her > Master's wife, Master's parents. Master's sons (by wife or other concubines). Sons. It is worn for five months by a man for his Great grand-parents ; and by a married woman for her Great grand-parents. It is worn for three months by a man tor his Great great-grand-parents. And by a married woman for her Great great-grand-parents. 3. Ta-kung, indicating relationships of the third degree. The habit pre- scribed is composed of coarse cotton fabric ; it is worn by a man for his Aunt (married). Sister (married), Brother's wife. First cousin, ,; First cousin female (spinster). Daughter-in-law (wife of a younger son, or a son of a concubine), Nephew's wife. Niece (married). Grandson (son of a younger son, or son of a concubine). 37 By a wife for her Husband's grand-parents. Husband's uncle. Husband's daughter-in-law (wife of a younger son, or son of a concubine). Husband's nephew's wife, Husband's niece (married), Grandson ; By a married woman for her Uncle, Uncle's wife, Aunt (spinster), Brother, Sister, Nephew, Niece (spinster) ; And by a concubine for her Grandson, 4. Seaou-kung, indicating relationships of the fourth degree. The habit prescribed is composed of coarse cotton fabric ; it is worn by a man for his Grand-uncle, Grand-uncle's wife. Grand-aunt (spinster), Father's first cousin, Father's first cousin's wife, Father's first cousin female (spinster), First cousin female (married). First cousin once removed. Female first cousin once removed (spinster). Second cousin. Second cousin female (spinster). Grand-daughter-in-law (wife of first-born of first-bom son). Grand-nephew, Grand-niece (spinster), Mother's parents, Mother's brother. Mother's sister ; By a wife for her Husband's aunt. Husband's brother. Husband's brother's wife, Husband's sister, Husband's second cousin. Husband's second cousin female (spinster). Husband's grand-nephew, Husband's grand-niece (spinster) ; By a married woman for her Aunt (spinster). Sister (married). First cousin. Niece (married). And by a concubine for her Master's grand-parents. 38 5. Sze-ma, indicating relationships of the fifth degree. The prescribbd dress is composed of fine cotton cloth ; it is worn by &. man for his Great-grand-uncle, Great-grand-uncle's wife, Great-grand-aunt (spinster), • Grand-aunt (married), Grand-father's first cousin, Grand-father's first cousin's wife, Grand-father's first cousin female (spinster). Father's first cousin female (married). Father's first cousin once removed. Wife of father's first cousin once removed, Father's female first cousin once removed (spinster), First cousin's wife, Female first cousin once removed (married), First cousin twice removed^ Female^rst cousin twice removed (spinster), Second cousin female (married), Second cousin once removed. Female second cousin once removed (spinster), Granddaughter-in-law (wife of a son of a younger son, or son of a concubine) , Grand-nephew's wife, Grand-niece (married). Third cousin. Third cousin female (spinster), Great-grandson, Great-grand-nephew, Great-grand-niece (spinster), Great-great-grandson , Aunt's son, Mother's brother's son, Mother's sister's son, Wife's parents. Son-in-law, Daughter's child. By a wife for her Husband's great-great-grand-parents, Husband's great-grand-parents, Husband's grand-uncle, Husband's grand-aunt (spinster). Father-in-law's first cousin, Father-in-law's first cousin's wife. Father-in-law's first cousin female (spinster). Husband's first cousin female, Husband's second cousin's wife, Husband's second cousin female (married), Husband's second cousin once removed, Husband's female second cousin once removed (spinster) Granddaughter-in-law (wife of own or a concubine's grandson) Husband's grand-nephew's wife, '' Husband's grand-niece (married), Husband's third cousin. Husband's third cousin female (spinster). Great grandson. Great granddaughter-in-law, Husband's great-grand-nephew, ^ Husband's great-grand-niece (spinster). Great-great-grandson. DEGREES Degree Hymrs 1 1 Decree 1 lyear ■ Smcnthe De/prt 9Taonths Deffree ■imenlhs D€4frm 3mon/As Wo. TABLE N9 1. th-vat Orand-mefe^ Married' Sinqh ycuJlatr Mhvesof Tjcunacr (rr SfTlScf younger ujid mcof ddegt sen 's Grand sens Scn£ eldest sen &reat(frand sans -n't/e^ Oreai^arm Gre^/r^-and'Ser/^ sans 'tn/E/ (yfra^ ^nmd/ umths) ' 3 mflrLtbs ) anths) OteaJ/^rsmd-nnde^and wifi Orcmd'fcdJicr (lyear) lyrnrul-imcLe/andTnth iker Uncif/ and ivi/p' one year SELF. sens vf sen ci (lyear' eldest sun Ir^ar Eldest suw ofivi/e rjjear) yvt/h nifc Ti'ijiuii-J- i/nil iTltififT yephew . (Irearl J\tt( cf eldest sen's eldest sen Eldestsox cfddest S(yns'Vii/(" Qyeari ^xoid.'^Tiep pliavs -mfe^ Z^Omsins yvilk/ 6reat- Orand- &rmul- 7l£ph£H' 3^Caast'ns -wife Great d^rrnd ytephoi- JhtJiers 1^' Ctyusirv on re Cousin once' rvrruTved 2^ihu^. Cetisin mfe'ofr^ I'eusiH' ortu Jttncved l^Crusov T&noved Z^Coiisui mjKTenuTved (jTustn twfcf Temxved' J^ Cousm t^ic€ rfTTun'ed- TABLE N? 2. Jfpiirnmtf wcrn by a Wi/e fe?- her Hitsbandi Kinsfolk. r r |l 11 ^ Si TABEE Kb. 3. HAimiSOMA sous. *S S'^MA HTtlVSMIte. TABLE No. 4. Mourning worn by a Man for his Mother's Kinsfolk, Mother'i Grand-parents. Son of Mother' 9 Igi Counn (femaJe). Moilier's Sister. Mother's Parents. SELF, Mother's Sister's Grand-son. Note. — Father's Sister's Son and Grand-son, though not rela.tives by the mother's side, are yet properly ^p /^i^ ^^^ therefore are inserted here. Mother's Brother's Son. Father's Sider'a Qrand-eim. Son of Mother's 1st Cousin (male). TABLE No. 5. Mourning worn by a Man for his Wife's Kinsfolk Wife's Father's Sister. Wife's Sister. Wif^s Sister's Son. Wife's Orand-parents. Note. — Son-in-law, and Grand-children and Great Grand-children by Daughter and Grand-daughter, are not Wife's relations, but are included herein. SELF. Daughter's Grand-son and Grand- daughter. Wife's Father's Brother. Wif7her's Mn^th . ^rcoid^ parents cf Zerd. (lyear.) Owri' ^rcuid' son - Sld^st Sen/ rf eldest Sen of Zerci. Sens of yonder and mAnvr Sons 39 And by a married woman for her Grand-uncle, Grand- aunt (spinster), Father's first cousin. Father's first cousin female (spinster). First cousin female (spinster), Second cousin, Second cousin female (spinster). Havinff thus explained the Chinese idea of relationship, and detailed their peculiar method of classifying its several degrees, I now resume the subject of marriage, and propose to illustrate the several observances connected with the performance of the matrimonial rite before entering upon the provisions of the statute-law with regard to it. The ritual prescribes the age of 16 as the earhest at which it is advisable a man should marry, and limits 14 for the woman ; although marriage is frequently contracted before this period of life. Parents and guardians constantly betroth their children and wards long before they arrive at these ages : and mothers sometimes even engage their yet unborn offspring on the sole contingency of a difference of sex ; but the law does not recognise such contracts as binding, since it often happens that the circumstances of the contracting parties alter so materially in the course of years as to make it impossible to require their strict fulfilment. The principal proceedings in the marriage ceremony are : 1. Negotiation. Marriage is invariably negotiated in the first instance through the medium of a ^ A mei-jin, or go-between, who is employed to select the wished for lady, or to convey the proposal of alliance to the family from which the lady or gentleman is selected. This person, usually a woman, but at times a man, is- properly only to be commissioned and received by the parents or senior members of either family, who are called ^i^ A choo-hwan-jin, a term meaning- " wedding directors," but which 1 shall render " guardians," it being an universally acknowledged principle in China, that no person, of whatever age, can act for himself in matrimonial matters during the lifetime or adjacency of his parents or near senior relations. The persons legally competent to act as guardians are, — 1st, parents or grand-parents : failing these, 2nd, father's brother or sister, or mother's parents ; and in default of these, 3rd, some senior kinsman.* The guardian's are (by law) alone responsible, and punishable to the extent of the highest degree of penalty, short of death, for contracting a marria£-e in anyway unlawful, while the parties themselves are held guiltless, the authority of their guardians being considered law with them as juniors. Other relatives besides these above specified, may act as guardians in the negotiation of a marriage, but if concerned in contracting an unlawful union, the parties them- selves are then held principally responsible, and they only suffer as accessories, excepting where the union is proved to have originated with themselves, in which case they suffer as principals under the same limitation as above described, and the persons marrying as accessories. The power of these guardians is so great that they may contract a marriage for a junior who is absent from home, and he is bound to abide by such engagement, even though already affianced elsewhere without their privity or consent. At this stage of the marriage cereniony the law requires that any blemish or incurable disease on the person of either of the individuals to be 'united, any defect of birth, any strangeness of kin,t or any dis- parity in years, shall be distinctly made known, and assented to by the family of the other, before further steps are taken to make the engagement binding. 2. Engagement. After the negotiator has paved the way for the subsequent proceedings, the * This rule does not applv to officers of Government above the seventh rank, who are at liberty to dispense with the interference of their elder relations, and act as their own « choo- "'*°+ 'if born of a concubine or slave, or if adopted out of a kinsman's or stranger's family. ^ G 40 next step is the formal exchange of marriage articles and presents, which con- stitutes betrothal. The " Tung-le " prescribes two separate acts of betfothal, ^3^ na-tsae, "sending gay presents," and ^ "^ na-pe, "sending Silks;" the former is usually called ^ /J\ JfA hing-seaou-ping, " Sending the Smaller presents," the latter brother, (3rd degree), » nephew, „ is punishable with death. f Wherever reference is had under this head to the wives of kinsmen, concubines are equally included in the prohibition, under a mitigated penalty. An after clause makes a special exception in the case of marriage with the concubine of an uncle or brother, which is to be punished only one degree less severely than marriage with his wife. I It is worthy of notice, that while the Chinese Code is so severe in its prohibition against union with a brother's widow or concubine, marriage with a deceased wife's sister is not even reverted to ; nor could it have been forbidden consistently with the principles upon which the code is based, namely, the very slight importance attached to connexion through female blood, and the alienation of a female on marriage from her own family to be incorporated into that of her husband. These principles are so markedly carried out, that children of brothers and sisters may marry at pleasure, while those of brothers cannot be united on pain of death ; again, a married woman is required to wear mourning for nearly all the relatives for whom her husband formally mourns, some of these very far removed, but is allowed to pay a like mark of respect only to her own very near connexions ; while, on the other hand, a husband only wears mourning for his wife's parents. What a cogent argument is herein furnished against one of the theories advanced by many of the opponents of our Deceased Wife's Sister Bill, that instinct teaches us the sexes are convertible, and that, therefore, where it prevents a man from marrying his brother's widow, it should equally deny him union with his wife's sister. They have half the world opposed to them, on this side the globe at any rate, whose instincts and tendencies are as natural and unbiassed as those of any nation on earth. The marriage in question is an exceedingly common and favourite one in China. I have no means at my disposal of bringing any statistical data to show even the approximate number of such marriages, but many instances can be adduced of their prevalence both in ancient and modern times, sufficient, at any rate, to prove that the union has always been deemed a becoming and honourable one. The annals of the Chow and other dynasties tell us that it was then customary among the independent states, when the families of their princes intermarried, for the nieces and sisters of a princess to accompany her to her husband's home as bridesmaids, and that from among them was generally chosen a successor, upon her decease. Chinese history also supplies us with instances in po nt; Yaou, one of China's earliest and most revered sovereigns, gave his two daughters in marriage to Shun, his successor, even as Laban gave Leah and Rachel to Jacob ; Ching-to, of the Han cynastv, upon the death of his Empress, chose her sister to succeed to her place and rank ; and Ning-tsimg of the Sung dynasty took his Queen's own sister into his palace as a concubine. Numerous cases mighi thus be adduced, were it necessary to enter more into detail. As a proof of the esteem in which the marriage is now held, I may refer to an example well known at Canton, that of two brothers, children of sisters, men of wealth now resident in that city, who have attained to the highest literary honours that can be reached. The practice of the Chinese, heathens though they be, in this matter, surely deserves some consideration, especially as they have been so careful to hedge about the institution of marriage with a system of restrictions which for comprehensiveness of design, severity, purity, and consistency of principle, and perfect adaptation to popular requirements, may safely bear comparison with any canonical code of which we in the West can boast. § Incest with a great grand-aunt, (5th degree), „ grandfather's first cousin „ „ father's first cousin once removed „ „ first cousin twice removed „ „ second cousin once removed „ „ third cousin „ „ great grand-niece „ „ first cousin once removed (4th degree), „ second cousin [m » „ grand-niece „ H m It only remains now to notice two subjects ; intimately connected with the law of marriage, namelyj divorce and incest; Divorce. The code enumerates seven justifying causes of divorce, and forbids, a husband, unless on any one of these pleas, from putting away his wife, on pain of receiving eighty blows. These reasons for divorce are curious enough ; they are barrenness, lasciviousness, inattention to parents-in-law, loquacity, thievishness, ill-temper, and inveterate infirmity. A husband cannot, however, avail himself of any of these failings in every case, there being three considera- tions which are sufficient to set aside the necessity of repudiation : these are — first, the wife having mourned for her husband's parents; second, her having risen with him from poverty to wealth;* and third, her having no home to which she can return .f If, notwithstanding the existence of these relieving circumstanceSj be, puts, her away, he becomes liable -to receive sixty blows, and to be compelled to take her back again. Where, however, repudiation is obligatory,J and it is not carried into effect, the husband is liable to a penalty of eighty blows. Mutual separation, when it is desired by both husband and wife, is quite optional ; but a woman may not make her wish for separation a plea for absconding, on pain of receiving 100 blows, and rendering herself liable to be sold by her husband; nor may she, even when deserted by her spouse, leave her home until after the expiration of three years, without first giving to the local autho- rities notice of her intention, on pain of receiving eighty blows. Concubines absconding, render themselves liable to the same penalties,; mitigated two degrees. These peculiar statutes of the Chinese code are among the many that' do not owe their origin to it as a system of legislation, but which it' has adopted unaltered from the ancient ethical works upon which it is principally based ; they possess therefore over the minds of the Chinese less of influence as legal requirements than as rules of action or canons of morality. Experience proves that they have not the effect of rendering the continuance of a woman in her husband's home so dependent upon his caprice as their nature would at first sight lead one to infer. The circumstances which are expected to influence a man in favour of a wife prone to the failings named above, are of such a nature, that their frequency must alone be very effective towards the prevention of, divorce ; but, independently of this check, the sex possesses an effectual safeguard, in the peculiarly indulgent and forgiving disposition of the Chinese character, which, no doubt, tends to -make such an extreme measure as repudiation, one of very rare occurrence. Incest, The Chinese language possesses no technical term corresponding to "incest," in the common acceptation of the word, that'crime being designated by a compound expression meaning " adultery with relatives ;" but the Code simply interdicts intercourse with any of those relatives marriage with whom is already prohibited, the same system of adapting the penalty to the proximity of degree being pursued as in the marriage law.§ is punishable by 100 blows and three years' banishment : With a Grand-aunt (4th degree). Father's first cousin „ First cousin (3rd degree). Aunt (2nd degree), Sister „ Niece ., by stranprulation. * "This and the former indicate her having suffered privation' enough with, her husband to give her a claim to his lasting regard. f These saving clauses lose effect in case of proven adultery. i The Code only specifies that separation is obligatory on a husband when his wife "severs the conjugal tie," but it does not define what constitutes such severance. A note explains: that general ingratitude, want of affection, indecorous behaviour, and perversity, are severing causes. § The punishment for simple adultery by mutual consent with any unmarried woman is 70 blows, which is increased to 80 in the case of a married female. Criminal intercourse between individuals sprung from a common ancestry, though not related within the degrees of mourning, is punishable with 100 blows* to each party, A criminal intercourse with any relative,' or with the wife of any relative, x)for within the fifth degree of mourning, is punishaMe with 100; blows, and three years' banishment to each party.t A criminal intercourse with a — Crrand--aunt, Grand-uncle's wife, Father's first cowin, Father's' first cousin's mfe, First cousin. Mother's sister. Sister-in-law, Nephew's wife, is punishable by strangulation to each party concerned : If with — A father's concubine, A grandfather's concubine. An uncle's wife, An aunt, A sister. The wife of a son or grandson, A niece, it is punishable by decollation to both parties concerned. These penalties, excepting where otherwise specified, are reduced one degree, when the female is only a concubine. Inheritance. Little attention appears to have been given, by foreign writers upon China, to the subject of succession to property, so that we are almost altogether unin- formed of their peculiar usage in this particular. Even a reference to the able ■ translation, by Sir George Staunton, of the Penal Code, is attended with no satisfactory result to the inquirer, as the " Fundamental Laws," the only ones translated by that author, only legislate for the descent of dignities, and the succession to family representation, if it may so be termed, and contain no allusion to inheritance of property. This subject is only to be found treated of in some of the " Supplementary Laws," which, as Sir George Staunton's preface remarks, " are the modifications, extensions, and restrictions of the ' Funda- mental Laws,' " appended upon after-experience, during the present dynasty, and subject to periodical revision and alteration. This absence of all legislation in the " Fundamental Code," upon a matter which, of all others, furnishes most food for litigation, presents a peculiar feature of the Chinese economy, and one which is worthy of notice, as proving to how primitive an origin their present constitution may be traced, and by what simple principles it has ever been guided. Since so marked a distinction is made by the Code between title to name and that to property, I will notice those two branches of inheritance separately. T^tle to Name. The desire of securing a male representative of the family has from time immemorial been a prominent characteristic of the Chinese mind, which has its origin principally in the importance they attach to the annual performance, by a lawful descendant, of the sepulchral rights, consisting of sacrificing at, and sweeping the graves of, ancestors, at stated seasons of the year. The eldest son of the wife, or failing him,"]: a younger son, is always consi- "dered the lawful future representative of the family, and upon him devolves all posthumous t>acrificial duties to parents and ancestors ; but should the wife pass * Another clause increases this to exposure in the " cangue " for forty days and 100 blows. f An after-clause increases this penalty to the adulterer, who, in addition to it, is liable to be banished as a slave to the military in some part of the country near at>hand. X A note says, if the eldest son have borne to him a son before his death, that son claims the succession before the younger brother. H2 50 her 50th year without bearing any male issue, the eldest son of a concubine must be nominated to the place of honour. In the event of a man having no male issue whatever, the representation of the family descends to the son of a brother, failing him to the son of a first cousin, then to the offspring of a cousin once removed, and next to that of a cousin twice removed ; the principle of inheritance to representation being, that the inheritor must be a male relative descended from common stock with the head of the family, and a member of the generation next succeeding that to which he (the deceased) belongs. If all these be wanting, some more distant kinsman, providing, as before remarked, he be a member of the next junior generation, or a person bearing the same surname, may be selected as the heir to the representation. Any departure from this order of procedure * renders the party offending liable to receive 80 blows. The nomi- nation of an individual of a different surname, who has been adopted into the family, to the heirship, is not allowed under a penalty of 60 blows, and the deprivation of the child so adopted ; and any relative of the child who abets such a misappropriation, is hable to the same punishment. Foundlings, if under three years of age, may be brought up in a family, and receive its name, but they cannot succeed to the representation, failing direct issue ; they cannot be com- pelled to leave the family of their adoption, nor, if their real parents afterwards claim them, be detained in it, but they may not desert their adopted parents to join another family, on the plea of seeking their proper home, and with a view to share in that family's property. Any child who, in consequence of the failure of direct issue, has been adopted and brought up as heir to the representation of his kinsman's name, is compelled to remain under the roof of his adoption on pain of recei'/ing 100 blows; unless his adopting parents shall, subsequently to his nomination, have issue, and his natural parents have no other children, in which event they are at liberty to reclaim him. When a childless man has nominated his lawful repre- sentative from among his kinsfolk, he may, should the individual selected not please him, appoint the next in order, on making proper application to the local authorities for permission so to do ; and, so long as such child is a- member of the next junior generation to his own, the other members of the family may not object or complain, on the plea of his not being the next in order of succession. He possesses the same liberty of selection, where any cause of enmity may previously have existed between him and the lawful representative of his name, and any interference or protestation on the part of the relatives subjects them to severe punishment. When a son, who has married, dies without male issue, and his relict resolves to remain in her widowed state ; or if he die after betrothal, aid his affianced binds herself to perpetual celibacy ; or, further, if he die married, after having established himself in life, and his widow marry again ; or if he die a • bachelor upon the field of battle ; — it becomes in either case obligatory upon the father to select and nominate a lawful heir to represent his name. Should there be no kinsman, of the generation succeeding that to which the son belonged, eligible for this purpose, and the father possess no other son, he is bound to appoint a lawful representative to himself, and when such representative shall have a son, to nominate the child to represent his deceased son. This rule does not extend to persons dying as minors or bachelors, excepting where a man loses an only son while a minor, and is unable to procure from amongst all his kindred a substitute related to himself in the proper degree ; in such case he may nominate a representative for his son, and if such nominee be an only son, he may, provided all the members of the kin consent to such an arrangement, and give an official undertaking to that effect, be permitted to act as representative to both branches and perform all sacrificial and ancestral rights accordingly. * In case of descent of dignities, such as hereditary title or rank emanating from officers of the first and second ranks to their sons, a totally different principle of succession seems to be recoonized with a view, apparently, to the retention of the honour among the lineal descendants, in preference to permitting it to fall to collateral branches. Failing the eldest son, the title has first to descend to his first-born son, and so on to all his male heirs in perpetual succession. Failing them, it goes to the second son ; and if he be deceased, it reverts to the second son of the eldest and his descendants before it can pass to his own heirs. Should there be no male issue at all by the wife, the title is then inheritable by the sons of concubines, and their heirs in the same order; and failino- any male issue at all, the younger brother of the deceased, or some person specially nominated by the Emperor inherits the title. Any departure from this rule makes the party liable to receive 100 blows and three years' banishment. 51 Title to Property. Very little information has been hitherto collected as to the local usages in diflferent parts of the country with regard to the right of succession to property in China, but no doubt these are much influenced by the regulations and injunc- tions laid down in the Penal Code. On the death of an individual, those members of his family, who are senior to the inheritors, possess the right to act as executors of the estate, and upon them devolves the duty of seeing it properly administered, and equitably apportioned among the juniors, who claim the succession, or an interest in the property. Any claimant who presumes, with- out their co^izance and authority, to appropriate any part of the property, renders himself hable to a penalty of 20 blows, where the amount appropriated is valued at 10 taels, and of 10 blows more for every additional 10 taels of value abstracted. Any injustice or unfairness on the part of the executors, subjects them to the same punishment. Upon the death of the father, his whole estate, lands,* goods, or money, is divisible among all the sons in coparcenary, without reference to seniority or birth, the youngest son of a concubine or slave being entitled to as large a share as the first-born son of the wife. Failing direct male issue, f the property devolves to the individual nominated as successor to the representation of the family, and if no such person exist, it escheats to the Crown, unless there be a daughter, in which case only she is permitted to inherit. Bastards are allowed to inherit, but only to the amount of half the share allotted to a legitimate son; if there be no other son, the natural son is entitled to divide the property with the chosen representative of the family ; and if none can be nominated, he falls into possession of the whole. No family estate may be divided by the children during the lifetime of either parents or grand -parents, every individual being considered a minor and a member of their family, so long as any of these relatives remain alive, unable therefore to appropriate the family property, or remove from the household to set up an independent establishment. The penalty attached to breach of this law, provided the parents or grand-parents themselves prosecute, is 100 blows. Children may not moreover appropriate any portion of the inheritance, nor enrol themselves as independent householders, during the period of mourning for their parents or grand-parents, on pain of receiving eighty blows ; always provided, as in the other case, that some senior kinsman or relative within the second degree prosecutes. All quarrels about succession are rigorously prohibited, and if carried to such a length as to occasion loss of life, they render all those members engaged therein, liable to be completely excluded, in favour of some other heir to be selected by the elders of the kin. No. 15. Mr. Hammond to Mr. Merivale. Sir, Foreign Office, September 6, 1854. WITH reference to my letter to you of April 4th last, I am directed by the Earl of Clarendon to transmit to you herewith, for the informa- tion of Sir George Grey, a copy of a despatch! from Her Majesty's Minister in China, stating his opinion as to the mischievous nature of Mr. White's proceedings in that country as agent for procuring coolies for the West Indies. I am, &c. (Signed) E. HAMMOND. "'•' Land in China is held in fee simple, on condition of registration and payment of the constituted taxes and imports, the Emperor being considered to be the original grantor or lord of the soil. ■j- A woman left a widow without a son, and not marrying again, may receive her husband's property in trust, until the nomination of a proper representative of her husband's name ; him she must forthwith proceed to select, in consultation with the elders of her husband's kin. I Mo. 14. 52 No. 1€. Mr. -Peel to Mr. Hammmid. — (Received September's.) Sir, Botonmg Street, September' 7 , 18S4. WITH reference to previous correspondenx;e, 1 am directed by Secretary Sir George Grey to transtnit to you, 'Tor ' the itiform-atitui of the Earl of Clarendon, the cof^y of a despatch from the Lieutenant-Governor of Hong Kong, relative to the emigration of the 'Chinese to the West Indies. . I am, &c. CSigned) F. *PEEL. Inclosure in No. 16. Lieutenant-Governor Caineto the Duke of Newcastle. My Lord Duke, Victoria, Hong Kong, June 5, 1854. I HAVE the honour to acknowledge the receipt of your Grace's despatch of 16th March last, giving cover to sundry letters from Mr. White, late West India Emigration Agent in this Colony, and the correspondence relating to these letters. 2. Your Grace desires me to instruct the Surveyor-General to place himself in communication with Mr. White respecting the establishment of a dep6t for Chinese emigrant coolies destined for the West Indies, and to report my own opinion as to the expediency of such a measure. Mr. White having, as your Grace will have been apprised, returned to England at the termination of the season favourable to emigration, 1 can only comply with the second requirement. 3. I am decidedly of opinion, with Mr. White, that if th-e emigration to the' West Indies from this place is to be systematic and constujBt, it cannot be conducted in so creditable a manner as the Governm'eot would wish, without the establishment of a dep6t on shore or afloat : the former would probably be the least expensive both as to its original cost, and in regard to the establishment necessary for its due regulation. 4. It is difficult to imagine how, without the aid of such an establish- ment, labourers can be selected of such class as by their introduction would benefit the Colonies, for this must necessarily require time; nor how, when such selection has been made, the coolies can be prevented from absconding after the receipt of the advance wages that are always given as a part of the inducement to emigrate. The ordinary layklays of a ship chartered for the voyage cannot be sufficient time, nor th6 ship a suitable place, for these preliminary arrangements ; and the fact that such a dep6t has been found necessary both at Macao, where emigration is in private hands, and in Calcutta, where it is under the supervision of the Govern- ment, seems to strengthen the supposition that it would also be n requisite here. 5.' Such an establishment "would also seem necessary to realize Mr. White's anticipations of success with regaM:to inducing married men and families to emigrate. 'Unquestionably it is most desirable that in emigration 6f every kind the pro^polftion of male and female emigrants be as nearly as possible equal. When this is the case the removal of labourers from a' country "where the wages of labpur are barely sufficient for their scanty subsistence to another country where labour is in great demand, and the climate at the same time suitable, must be a source of mutual benefit, and a work of high philanthro'py. To accomplish this equalization of sexes among Chinese emigrants, we must tolerate Chinese ignorance and Chinese prejudice in regard to matrimony, which we shall find on examination to 'be, after 'all, not so far different from our own notions as might at first sight be supposed. Mr. White, in ^vocating the purchase of women might with equal truth have used a term lessabhorrent 53 to our notions, of freedom and less suggestive of abuse ; for in reality the money and presents given to the parents of the bride are considered to be for the purpose of enabling them to send her to her husband's house provided with a suitable wardrobe, and in a, manner becoming their station. Perhaps the question propounded by the parents to the intend- ing husband what sum of money he was willing to disburse to induce them to place their daughter at his disposal, might not to European ears appear more indecorous than would to Chinese cars, the converse of the question as propounded by intending husbands in Europe to parents what sum of money they were willing to add as a dowry to their daughter, to induce him to place himself at her disposal. And both in Ctiina and England mercenary considerations in such engagements are admitted to. be abnormal and improper. 6. It is true that such a bounty on marriage, as that proposed, might induce some to select as their wives prostitutes from the numerous brothels within their reach ; but the better the clasa.of emigrants selected, the less probability of this contingency; and, even should its occurrence be certain, I cannot look upon it with any degree of apprehension ; on the contrary, I believe that very, many of this unfortunate class of females, were such an opportunity presented to them of escaping from their terrible bondage, would most gladly avail themselves of it, and become thereafter grateful and virtuous wives ; for a, great number of them, perhaps a large majority, are purchased' as slaves in their infancy, and are so trained up for the express purpose of prostitution, that, their mode of life can scarcely be termed voluntary. Here it is true they are free (9,nd they constantly take advantage of their freedom in this manner), but on the mainland they are, I imagine, utterly without the power, if without the money, to obtain their liberty. I, am glad that this subject is occupy- ing the attention of Her Majesty's Government,. for I, consider it to be one of the greatest importance. 7. The very best, stimulant of emigration to the West Indies would be, as Mr. White remarks, the return to China for a season , of those who have already emigrated, earned, money, and been well treated in the country of their temporary adoption. 8. With regard to the treatment of emigrants on board their ships,. the great desideratum is the selection of a good captain, for on him, more than on any arrangements that can be made before the departure of th& vessel, depend the comfort, health, and good-humour of the passengers. For this reason, it is most desirable that a sufficient number of ships for the season's emigration be chartered in England. 9. The Passengers Act seems to me to be unnecessarily stringent, in regard to the number that each vessel is allowed to carry. Vessels hence to California, almost without exception, build deck-houses for the accom- modation of passengers ; and when they find it more profitable than to carry cargo, they lay an orlop-deck also for the same purpose. The American Passengers Act allows this; and the Emigration Officer (recently appointed, as your Grace was informed by my despatch of 4th of May- last), with my sanction, permits the practice to continue, taking care only that fully twelve feet of space be allowed to each adult on the upper decks, and twenty-four feet on the orlop deck:— the height between the decks being six feet. This I consider to be fully sufficient for the preservation of health, and it satisfies both the Chinese passenger and the ship-owner; and I see no reason why the same indulgence should not be allowed to ships carrying emigrants to the West Indies. It. is obvious that such a relaxation from the stringent provisions of the English Passengers Act, would materially diminish the cost to the Colonies of each emigrant. The great points to be attended to are, the seaworthiness and ventilation of the vessel, the quality and quantity of the provisions, and the space allowed to each passenger. If on these the Emigration Officer satisfy himself, Iconsider others of minor impoftance. 10. It would be well, I think, if some local enactment were made to meet the peculiar situation of this place. Under present circumstances, though some effective control is absolutely requisite, the Emigration Ofiicer is placed in the anomalous position of acting under a law of 54 which he enforces not a great deal more than its general spirit; to carry it out in the letter would, in my view, be productive of nothing but harm. It would simply drive away from our harbour a source of employment and wealth to the colonists, which it should be our anxious endeavour to foster and increase, and would not at the same time tend in any way to further the interest of the emigrant or of humanity. Such an enactment I purpose to submit to your Grace at a future time, when we shall have had more experience of what is required : to delay it seems necessary, not only on the score of deficient knowledge, but also that it may, if possible, be made to square with the intention of the Emigration Commissioners, in regard to the more permanent and systematic esta- blishment of the West Indian Emigration, and with further reference to the measures on the same subject which, I am given to understand, it is the intention of Her Majesty's Government to bring before Parliament at an early period. 11. I would add, in conclusion, that if the Commissioners think fit to employ the Emigration OflScer already appointed here to organise measures for a regular supply to the West India Colonies of coolie emigrants, instead of sending out a special agent for the purpose, this Government will not object. He is, I believe, quite competent for the task, and, from his acquaintance with the language and people, peculiarly fitted for it ; but his services would be available as a supervisor only — want of time would compel him to leave much of the details to some trustworthy subordinate. In the former capacity and as a correspondent of the Emigration Board, I have no doubt his services would be very valuable, and would require for their remuneration a much smaller expen- diture than would be necessary in the case of an officer sent from England for the purpose. I make these remarks under the impression that Mr; White does not wish to return to China, and that the Commissioners may have some difficulty in finding a suitable successor. That the emigration can be conducted only during one-half of the year is, perhaps, an additional reason for the employment as agent of some person not wholly dependent for support upon the emoluments of the office. I have, &ic. (Signed) W. CAINE. No. 17: Mr. Elliot to Mr. Hammond. — {Received October 19.) Sir, Downing Street, October 18, 1854: IN answer to your letter of the 6th ultimo, inclosing a despatch from Sir J. Bowring relative to Mr. White's proceedings in China as Emigration Agent for the West Indies, I am directed by Secretary Sir George Grey to transmit to you, for the information of the Earl of Clarendon, the copy of a report upon the subject from the Land and Emigration Commissioners ; and referring to the last paragraph of that report, I am to express Sir George Grey's wish to be furnished with a copy of Mr. Medhurst's Paper on Chinese Marriages* alluded to in Sir J. Bowring's despatch, in case the question should again arise. I am, &c. (Signed) T. FREDK. ELLIOT. See p. 33. 55 Inclosure in No; 17. The Colonial Land and Emigration Commissioners to Mr. Merivale. Colonial Land and Emigration Office, Sir, September 27, 1854. WE have to acknowledge your letter of the 20th instant, inclosing a letter from the Foreign Office, with a despatch from Her Majesty's Pleni- potentiary at Hong Kong, on the subject of Mr. White's proceedings in China. 2. The emigration being now closed, at least for the present, and the matters contained in Sir J. Bowring's despatch having already undergone much discussion, it might have been unnecessary for us to have pursued the subject, but that certain passages in Sir J. Bowring's despatch involve a severe, and as we would submit unmerited, censure on some proceedings or proposals in which this Board is involved. 3. Sir John Bowring states, that on a former occasion " Mr. White placed in his hands a charter-party by which an emigrant-ship had been hired at his suggestion to take in coolies at illegal ports." We presume this refers to the charter-party of the '' Martin Luther," which formed the subject of our report of the 4th June, 1853. The facts of that case were as follows: when the ship was taken up by us in England, it was uncer- tain at whac Chinese ports Mr. White might find it possible or advisable to embark emigrants ; in this uncertainty we inserted a general provision, that the captain should proceed first to Hong Kong to receive instructions, and thence to take in emigrants, to such port as Mr. White or the Governor might direct, " between Canton and Amoy inclusive." It had escaped our notice, that between these two ports there is none except Macao at which British vessels could legally trade. Our main object being to secure to the Emigration Agent (as against the ship-owner) all the discretion which he could possibly require, we were satisfied by taking care that the contract was capable of being legally carried out (namely, by shipping emigrants at one of the above three ports), and as the destina- tion of the ship was to be determined by a Government officer, the contingency of an illegal direction did not occur to us. 4. Sir John Bowring adds, that he learnt that "the captain, finding the charter-party was an unlawful contract, emancipated himself from it, and of course could not be proceeded against for so doing." 5. In point of law we believe there is no doubt, that as the discretion reserved to the Government officer was capable of being exercised legally, the contract itself was legal and binding. In point of fact the captain was prevented from arriving in China within the prescribed time by the bad conduct of his seamen. With some difficulty, however, and we believe at a considerable loss to his employers, he ultimately made his way thither, but it was far too late to employ him. The owners acknowledged the validity of contract by paying a mulct of lOOL for its non-perform- ance, and would not have disputed our right to exact a much larger sum had we not felt it right to reduce the penalty in consequence of the effort made by the captain to perform his employer's engagements. 6. It is, however, the fact, that a vessel was dispatched with Chinese from Namoa to the West Indies in 1852 ; and that Mr. White signified his intention to send another during the past season, which, however, was not carried into effect. On this subject we had the honour to report on the 2nd of May last. 7. Sir John Bowring stigmatizes Mr. White's plan for procuring women in Hong Kong, as being " neither more nor less than to establish under official protection a slave-markel for females in a British colony." In using this language we cannot help thinking that he overlooks the distinction which exists between inflicting on our fellow creatures the evils of slavery and redeeming them from it. The effect of Mr. White's pro- posal would have been to transfer a certain number of females from China, in which they would have occupied the position of purchasable concubines to a British colony, where they would occupy that of free wives, and there- 56 fore appears to us to belong, not to the former, but to the latter class of transactions. Both, no doubt, have this point in common — that they involve the payment of money in respect of human beings. But this, we would submit, is no reason for confounding proceedings which are not only unlike, but directly opposite, in that respect on which their effect upon human happiness, and consequently their moral character, depends. On this point, however, we have nothing to add to our report of the 2nd of May, except to observe that the Acting-Governor of Hong Kong appears, from his despatch of the 5th of June, to have fully concurred in the propriety of Mr. White's plan. 8. Sir John Bowring further describes the project as one " to authorize and legalize the sale of women on British territory, and with that view to place money in the hands of ignorant coolies, on the promise that they will afterwards marry the females they buy." On reference, however, to the paper which he had before him when this description was written, it will be perceived that the proposal as made by Mr. White was, that the marriage was to take place before embarkation ; and it is evident that the money would not be paid without precautions for securing this. But it is more important to observe, that without a fundamental change in British law (which, as Sir John Bowring is aware, has never been hinted at), it would be absolutely impossible to " authorize or legalize'^ the sale of any human being in a British colony, or to give effect to any sale of a person proceeding to such a colony, inasmuch as it would be impossible for the (so called) purchaser to acquire or retain any property in his purchase beyond the rights which English law gives a husband over his wife. This observation appears to us very materially to affect the accuracy of Sir John Bowring's description. 9. In case the emigration were ever resumed it would be very desirable that the Secretary of State for the Colonies should be in posses- sion of the information contained in Mr. Medhurst's Paper on Chinese Marriage, referred to in Sir John Bowring's despatch, of which, therefore, it might be desirable to obtain a copy. We have, &c. (Signed) C. ALEXANDER WOOD. FREDERIC ROGERS. No. 18. Lord Wodehouse to Mr. Merivale. Sir, Foreign Office, October 24, 1854. I HAVE laid before the Earl of Clarendon your letter of the 7th ultimo, inclosing a copy of a despatch from the Lieutenant-Governor of Hong Kong, containing suggestions for regulating the emigration of Chinese coolies to the West Indies ; and I am directed by his Lordship to request that you will state to Secretary Sir George Grey that the sugges- tions contained in the Lieutenant-Governor's despatch appear well worthy of consideration, and that Lord Clarendon sees no reason why the emigra- tion of Chinese coolies should be abandoned if proper precautions are taken in conducting it. I am, &c. (Signed) WODEHOUSE. 57 No. 19. The Earl of Clarendon to Sir John Bowring. ^^*"' Foreign Office, October 24, 1854. I COMMUNICATED to the Colonial Department your despatch of the 5th of June last, respecting Mr. White's proceedings as agent for procuring Chinese coolies for the West Indies ; and I inclose herewith, for your information, a copy of the answer* which I have received from that Department upon the above subject. I am, &c. (Signed) CLARENDON. No. 20. Sir John Bowring to the Earl of Clarendon. — (Received November 17.) Superintendence of Trade, My Lord, Hong Kong, September 15, 1854. I HAVE received your Lordship's despatch dated July 18, on the subject of the atrocious malpractices of which Chinese coolies have been the victims, in the Chincha Islands, and 1 rejoice that the attention of Her Majesty's Government is again directed to a traffic overflowing with abuses and abominations. I have published a notification in the "Government Gazette," of which I have the honour to inclose a copy, and have also directed the attention of the Colonial authorities to the matter, the result of which will be communicated to Sir George Grey. 1 have, &c. (Signed) JOHN BOWRING. Inclosure in No. 20. Proclamation. Diplomatic Department. By His Excellency Sir John Bowring, Knight, Her Britannic Majesty's Plenipotentiary and Chief Superintendent of the Trade of British subjects in China, &c., &c. WHEREAS authentic information has reached Her Majesty's Government of intolerable cruelties and oppressions practised upon Chinese emigrants who have been conveyed in British ships to the Chincha or Guano Islands, and reduced to a state of slavery, it is hereby made known to all consignees, owners, and commanders of British vessels in China, that they are absolutely prohibited from accepting charters or conveying emigrants to the said islands, and that any disobedience to this prohibition will be visited by the severest penalties of the law. And Her Majesty's Consular authorities are in their several jurisdictions required to ascertain and report to this Superintendency, for the information of Her Majesty's Government, any case which may come to their know- ledge of such charter or conveyance of the subjects of China to the islands aforesaid, not only as regards the five legal ports of China, but from any other place or places whereat emigrants may be shipped. Given at Victoria, Hong Kong, September 11, 1854. God save the Queen. (Signed) JOHN BOWRING. * No. 17. I 2 58 No. 21. The Earl of Clarendon to Sir John Bowring. Sir, Foreign Office, November 21, 1854. I HAVE received your despatch of the 15th of September, inclosing a copy of a proclamation which you have published, interdicting the conveyance by British vessels of Chinese emigrants to the Chincha Islands ; and I have to state to you that I approve of your proceedings in this matter. > I am, &c. (Signed) CLARENDON. ^o. 22. Consul Robertson to Mr. Hammond. — (^Received November 28.) Office of Her Majesty's Superintendent of Trade, Sir, Hong Kong, October 9, 1854. I HAVE the honour to inclose an extract from the " China Mail" newspaper of the 28th ultimo, being a notification from the Consul of Peru at Canton and Macao, having reference to the shipment of Chinese coolies to the Chincha- Islands, and the proclamations of Her Majesty's Plenipotentiary on the subject. ' I have, &c. (Signed) D. B. ROBERTSON. Inclosure in No. 22. Extract from the " China Mail" Newspaper of September 28, 1854. Consulate of the Republic of Peru, Canton, September 23, 1854. THE Undersigned, Consul for the Republic of Peru, begs to call the attention of persons connected with Chinese emigration to Peru, to the proclamations of his Excellency Sir John Bowring, Governor of Hong Kong, and Superintendent of British Trade in China, on the subject, and say: That in Peru no person is allowed to be made a slave, and that cruelties may have been committed amongst the few Chinese sent to the Chincha Islands, but no greater than those which occur in British colonies and under British masters. That Chinese going to Peru are under a contract to serve for a fixed period of years, and said contracts are fully complied with; and conse- quently it is merely an empty assertion that they are made slaves, and to declare slavery any contract entered into for servitude for a short period of years, at fair remuneration, is very difficult to believe can be established. That to take measures to prevent Chinese emigration to the Chincha Islands, without Her Britannic Majesty's Government having first addressed the Government of Peru on the subject, or given a proper notice of the view taken of this emigration, is contrary to the general usage amongst civilised nations. That my attention has been called as to contracts at present pending on Peruvian account for the shipment of Chinese emigrants, and my opinion desired as to their being considered cancelled by said procla- mations. On this point I cannot give an opinion, but would suggest that it is scarcely possible that Sir John Bowring has been authorize^ by his Government to make assertions so directly attacking the honour and integrity of a nation with which England has amicable relations ; and 59 accordingly I would recommend parties having such contracts to await a communication on the subject from the Minister of Peru in London, whom I have addressed with copies of the proclamations in question. Chinese have been sent to the Chincha Islands, being the cheapest labour that could be procured, with the view to enable the sale of guano at low rates in the consuming countries ; and I would call attention to the fact, that up to the latest dates from England, public opinion there, when directed to this question at all, was confined to complaints at the high price of guano, while no attention was paid to reports that had already reached that country, of cruelties said to be exercised in pro- curing it. (Signed) W. M. ROBINET, Consul for Canton and Macao. No. 23. The Earl of Clarendon to Sir John Bowring. (Extract.) Foreign Office, December 8, 1854. WITH reference to nay despatch of the 18th of July last, instructing you to take steps to prevent as far as possible the shipment of Chinese emigrants to the Chincha Islands, I have to acquaint you that from information received by Her Majesty's Government it appears that the Chinese labourers at the Chincha Islands are now better treated and under regular supervision. Under these circumstances it may be unnecessary to continue the prohibition issued by you on the 11th of September, against the convey- ance of Chinese emigrants to the Chincha Islands in British vessels. No. 24. Consul Robertson to Mr. Hammond. — {Received December 28 ) Office of Her Majesty's Superintendent of Trade, Sir, Hong Kong, November 10, 1854. DEEMING that some information with reference to the shipment of Chinese coolies to Peru might be acceptable to Her Majesty's Govern- ment, and more particularly so at a time when public attention has been called to the treatment these people are said to undergo at the Chincha Islands, I have the honour to inclose a tabular statement of the Chinese shipped to Peru under the designation of colonists, from the years 1849 to 1854 inclusive, which I obtained from the records of the Peruvian Consulate at Canton. From this document, which I have no reason to suppose is incorrect, it will be seen that the number of Chinese shipped within the above-mentioned period amounts to 7,356 individuals. Of these 4,754 were landed at their destinations, and 549 died on the passage. 1 have, &c. (Signed) D. B. ROBERTSON. 60 CN I o X = P'S M ■s s d Q lied ver 0^0 n a a 1/1 anteed on Bra anteed m '^ 3-S| w'^a 6SS , , • ■ • M . -*> ine Co ine ■o-g PSg« a -■i S O I SQ 00 o c Oi mo cs r-l • C5 (M CO .CQ (M '<« COOS (N OS o ^ 05 oa ; Oi ■^ PSi-i ■* . Ss -Sit o ^ »o o o »o 5 ® t^ -^ O '^ O CO f» ffi (y\ m i-i 22s « =3 •a 1 »^ n © « CO W 5D© CO CO -^ oa t"© ■^ l>»-^ Q^ CO (N «5 CO © -^ » CO © 00 CO 50i> ^t-.-^ cot^ co®*i5 iQcoTjitneo «>Tt(t^COCO CO -^ © © © OS <-t CO © CO tJ' »-i Tl" © © »»»0C0 o m ps< •B =^1 «3 . • ■ li J -S S V '3 m d3 >■ u * w 33 w •53 -S n P4 "4 ■a 3 S -3 g ■a -a ■si -la 1 a 3 I • • g-S 13^ d S ,« GT [^ a; o Tj s a .s H »^-55ig !>-* ^ P-i us CO § III- I 1^ fm-5i» O t-sliift G3 S V u5 espuesto y el informe del encargado^ de los trabajos de estas islas, dajo cumplido el superior decreto marginal de YS. (Firmado) CARLOS LAGOMARCINO. (Translation.) ) Sir, Chincha Islands, June 22, 1854. THE facts adduced in the foregoing statement are true, and if I myself entered into a report upon the subject L could not do otherwise than reproduce it. Respecting the Chinese employed in the works of these islands, it is necessary to distinguish two distinct periods ; the period previous to December last, during which they existed under the subordination of their respective masters, and the period from that time to the present day. From that day, 22nd December, on which the Supreme Government appointed an authority in these islands, all maltreatment has been made impossible. During this second period it cannot be doubted that the situation 'of the labourers has improved ; the transportation of the guano is effected by cart-loads, for each one of which 6 rials are paid. The free or prison labourer earns in proportion to his work. There are some who deliver three cart-loads each daily, and the g-reater number two cart-loads daily ; they are therefore contented with their gains, money circulates abundantly. and their comforts increase daily. Encouragement predominates amongst them, and the principal portion of the work done at present is due to our prisoners, not to the Chinese colonists. These are placed under a different arrangement ; their labour is in proportion to their constitution, their gains are those stipulated in their contracts, and the Supreme Government contractors for loading the guano not only respect and fulfil those contracts, but they have also increased their food and improved their clothing. The time referred to by our Consul in Canton was when the Supreme Government took no immediate part in these works, but notwith- standing this it is not to be credited that any attempt should have been made to annihilate the Chinese, because the convenience of their employers themselves demanded their preservation, which is in contraposition with maltreatment, starvation, and excessive labooar. With the foregoing statement, and the report ««)f the overseer of the works of these islands, 1 have the honour to fulfil the marginal decree of your Excellency. (Signed) CARLOS LAGOMARCINO. i K -2 66 Inclosure 3 in No. 28. Sefior Serrate to the Governor of the Chincha Islands. Seiior General- Governador, Mas de Chincha, 21 de Junio de 1854. CUMPLIENDO con el anterior decreto debo esponer a VS. que lejos de tildarse de opresora la conducta que se observa con los colonos Asiaticos que se ocupan en los trabajos de estas islas, es mas bien humana, benefica y generosa, pues se les da algo mas de lo estipulado en sus contratos. En cuanto a los alimentos reciben lo necesario para su comodo mantenimiento y en mayor cantidad que la especificada con ellos mismos, pues no estan sugetos a racion determinada, sino que reciben diariamente todo lo que ellos mismos pueden consurair, pues se ha observado que estos individuos en nuestro clima son mas voraces y golosos. El pre 6 salario a que por dichas contratas tienen derecho jamas se les ha hecho ilusorio ni retardado un solo dia, recibiendo algunos de ellos algo mas mensualmente como compensativo a su contraccion al trabajo ; se les ha proporcionado ademas un alojamiento abrigado con su entarimado de madera en donde descansan y duermen. Desde que el actual y filantropico Gobierno ha autorizado a la casa de los Seiiores Guillermo Gibbs y Ca. para que no escasee cosaalguna que pueda contribuir al bien estar de ellos, se les ha cuidado en el vestido, y se les atiende en sus dolencias ; para lo cual se ha hecho un nuevo hospital surtido de todo lo necesario, que casi se puede decir toca en lujoso, atendida la posicion de las islas y a la dificultad de proporcionar de pronto una que otra cosa que pueda faltar, corriendo todo ^1 a cargo de un facultativo y sus correspondientes dependientes. Este modo de proceder tan humanitario solo es dado hacerlo a una nacion cuyo Gobierno tiene por objeto el aliviar lavida penosa del trabajador; pues aunque cualquier particular se hubiere propuesto lo mismo le habria sido ruinosa y tal vez imposible de realizar. El trabajo que se impone d los Chinos es tambien proporcionado a la debilidad de su complexion, pues cuando cada uno de los demas trabaja- dores entrega diariamente un carro, y los mas dos, de cuatro toneladas de huano cada uno, el Asiatico solo es obligado a tres toneladas, que conduce en carretillas reducidas y con pequeno esfuerzo. De entre ellos ha habido muchos que han sido economicos, por cuyo medio han reunido la cantidad necesaria para chancelar sus contratos, los que han continuado trabajando voluntariamente y han sido pagados como cualquier trabajador libre. Los indolentes y perezosos han sufrido sus correcciones, pero jamas estas fueron imprudentes ni les impidieron continuar en trabajo diario; pudiendo decir, haber conseguido la reforma de muchos de ellos, por la vigilancia con que se les persigue, a lo que tienen mas temor que a otra clase de castigos. VS. es sin duda testigo ocular de todo esto como asi mismo de todas las demas operaciones mecanicas que se efectuan diariamente en las islas, y que es tambien cuanto puedo informar sobre el particular. (Firmado) S. SERRATE. (Translation.) Seiior Governor-General, Chincha Islands, June 21, 1854. IN fulfilling the foregoing decree, I have to state to you, that instead of stigmatising as oppressive the conduct observed towards the Asiatic colonists employed in the works of these islands, it is humane, beneficent, and generous, for they receive more than what is stipulated in their contracts. With reference to the provisions, they receive what is necessary for their maintenance, and more than the quantity agreed upon with them ; for they are not subject to a specified ration, but they receive daily as much as they can consume, it having been observed that these individuals in our climate are more voracious and dainty. 67 The pay or wages to which, in consequence of their contracts, they are entitled, has never been refused nor delayed for a single day. Some of them receive an additional sum monthly as a recompense for their attention to their work. A vv^arm dwelling-house, with a wooden flooring, where they can rest and sleep, has also been provided for them. Since the present philanthropic Government have authorised the house of Messrs. William Gibbs and Co. to prevent the scarcity of any- thing which can contribute to their well-being, their clothing has been cared for, and the sick are attended to, for which purpose a new hospital has been constructed provided with every necessary, that it may almost be said that it borders on profuseness, considering the position of the islands, and the difficulty of immediately replacing some articles, the whole being in charge of a medical man and his assistants. This mode of proceeding, so humane, can only be effected by a nation the object of whose Government is the alleviation of the hard lot of the labourer; for if unj privEite individual had proposed to do the same, it would have been ruinous to him, and perhaps impossible to realise. The labour exacted of the Chinese is also in proportion to their strength ; for whilst each one of the other labourers delivers daily one waggon-load, and most of them two, of four tons of guano each, the Chinese are only bound to deliver three tons each, which they carry in small barrows and with little exertion. Amongst them there have been many who have been economical, by which means they have saved the amount necessary to cancel their contracts, and they have continued working voluntarily, and have been paid the same as any other free labourer. The indolent and lazy have received corrections, but never such as are imprudent, nor which prevented them continuing their daily work ; and it may be said that many have been reformed by the strict vigilance kept over them, of which they have more fear than of any other punishment. You, Sir, are an eyewitness of all this, as also of all the other mechanical operations effected daily in these islands, and which is also all that I can report upon the matter. (Signed) S. SERRATE. Inclosure 4 in No. 28. The Peruvian Consul at Canton to the Minister for Foreign Affairs. Consulado del Peru en Canton, Seiior Ministro, 11 de Febrero de 18.54. DESDE que dirigi a VS. mi nota anterior No. 104, he visto por los papeles publicos de Hong Kong, confirmado hasta cierto punto, lo que se dijo y anuncie a VS. en mi nota de Junio 11 de 1853, respecto al estado en que salio a la mar la barca nacional "Empresa" conduciendo Chinos al Peru. Segun lo que se dice, parece que el capitan de dicha barca y mas de 100 Chinos murieron en la travesia por falta de viveres adecuados, ventilacion y exesivo numero ; que todo esto origino fiebres, que no podian curarse por falta de medicinas. Como no se pierde oportu- nidad en que apoyar la oposicion que se hace a este trafico, que lo comparan al de negros, se ha aprovechado de lo acaecido a la " Empresa" para renovar los ataques, de los que el Peru es participe en mayor grado. A las Is! as de Guano se las representa como otros tantos presidios, donde los Chinos son raaltratados. Hasta cierto punto no puede desmen- tirse esto por falta de datos, y mucho mas cuando los mismos capitanes de buques Peruanos, que vienen con huano para retornar con Chinos, dan tales noticias. El capitan de la "Victoria" llegado hace poco, me ha dicho en el escritorio ante otra persona, " que los Chinos en las Islas de Chincha eran tratados peor que esclavos." Debido a lo dicho es que se ha copiado aqui de los papeles Ingles un despacho de Dr. Bowring (antes Superin- 68 tendeBte en China), referente a emigracion China, en el que, *despues de hacer referencia a las islas de huano, dice, " que los Chinos se venden en el Peru en la plaza puMica." (Translation.) Sir, Peruvian CensulfPte,' Canton, February II, 1854. SINCE I addressed to your Excellency my note No. 104, the news- papers of Hong- Kong confirm, to a certain degree, that which was stated, and which I . reported to your Lordship in my note of the ' 11th June, 1853, respecting the state in which the national barque "^Erapresa" went to sea with 'Chinese for Peru. According to what is stated, it appears that the captain of the above-mentioned barque, and upwards of 100 Chinese, died during' the voyage, of want of provisions and ventilation, and from excess of numbers; that all this caused fevers, which could not be cured for want of medicines. As no opportunity is lost to support the opposition made to this traflRc, which is compared to that of negroes, the occurrence to the "Ehnpresa" has been made use of to renew the attacks which are mainly directed against Peru. The Guano Islands' are represented to be as so many prisons, where the Chinese are raa;ltreated. To a certain point this cannot be ^denied, for want of proofs, and more so. as the captains themselves of Peruvian vessels, who come with guano to return with Chinese, give such information. The captain of the " Victoria," lately arrived, has stated to me in my office, in presence of another person, " that the Chinese in the Chincha Islands are treated worse than slaves." It is in consequence of those statements that the newspapers' here have copied from the English papers the despatch of Dr."Bowring flate Superintendent in China), in reference to Chinese emigration, in which, after making reference to the Guano Islands, he saj's "that the Chinese are sold in Peru in the public square." No. 29. The Earl of Clarendon to Sir John Bowring. Sir, Foreign Office, February 21, 1855. WITH reference to my despatch of the 6th ultimo, inclosing a copy of a despatch from Her Majesty's Charge d'Affaires at Lima respecting' the treatment of Chinese emigrants at the Chincha Islands, 1 inclose herewith, for your information, a copy of a further despatch* from Mr. Sulivan upon the same subject. lam, &c. (Signed) CLARENDON. No. 30. Sir John Bowring to the EaH of Clarendon-. — (Received Marbh2, 1855.) Superintendency of Trade, My .Lord, Canton, December 18, 1854-. 1 HAVE the honour to accompany copy of a communication made by Mr. 'Hobinet, the 'Peruvian Consul in this port^ to Mr. Consul Robertson, on the subject 6f coolie emigrants intended to be conveyed to' Peru. I have &c. (Signed) 'JQHN^ BOWRING. -' * No. 28. m Inclosure 1 in No. 30* The^JPerjuvian Consul at Canton to Consul Robertson. (Translation.) Sir, Consulate of Peru, Canton, December 12, 1854. THE Peruvian ship "Catalina" being at Whampoa, preparing^ to carry Chinese emigrants to Peru, and the vessel being commanded by a British subject, and wishing to avoid any misinterpretation, or the conse- quences thereof, I will be much obliged if you would obtain information from his Excellency Sir John Bowring, Her Britannic Majesty's Pleni- potentiary in China, and Governor of Hong Kong, &c., whether any objections will be placed in the way to prevent the said Captain from proceeding to Peru with Chinese emigrants, in virtue of the contract that he has to that effect. In asking this of you my sole motive is the desire to avoid any losses that may arise to the parties concerned in consequence thereof, and at the same time preserve the best feeling in the unpleasant duty wliich devolves upon me to fulfil. The accompanying Decree of his Excellency the Minister of Foreign Affairs in Peru, relative to the emigration of Chinese, I 'deem worthy of your attention, and avail, &,c. (Signed) G. M. ROBINET. Inclosure 2 in No. 30. Decree. (Translation.) HAVING received despatches from the Peruvian Consul in Canton, together with accompanying documents relative to this, and taking inta consideration — 1st, That the Republic has been accused, in foreign countries, of suspicion of reducing to slavery the colonists, and that this calumny has been repeated in private letters, and even in official documents published by the press, referring to the immigration coming from China ; 2ndly. That the Chinese in Peru being free; and enjoying the same rights of all foreigners, are only obliged to comply with the contracts by them freely executed, according to the laws of the country ; 3rdly. That the provisions formerly made by the Government, that the Asiatic expeditions might be conducted in the best manner possible, with safety and convenience to the immigrants, not having been sufficient, and in order to enforce the resolutions that apply to the object in view : Resolved — 1. That the authorities of the Republic lend their aid and protection to the Asiatic colonists, as well as the parties who have entered into contract with them, in their respective positions, for the complying or fulfilling their contracts, according to the laws of the country. 2. That no contract with Asiatics, the term of which having trans- pired, can be extended for more time than that stipulated in China, and if the desire of the colonist be to renew the same, or effect another, it will be necessary for his concurrence, together with that of the contractor, before a Justice of the Peace, who shall authorize the respective act, in which shall be expressed all the conditions of the agreement. 3. That no tribunal of the Republic can admit demands for expenses or chartered vessels for the Asiatic immigration, without the expedition having obtained legal permission from the Consulate of the Republic, desi^ated in posterior Articles*, the Govemmeot taking care to prevent the landing of any expedition wanting the necessary requisites, in order 70 to avoid the introduction of men of bad habits, and those incompetent to perform the duties assigned to them. 4. That no tribunal or official authority can consider valid the contracts of the Asiatics that may be introduced into the Republic after the 1st of May, 1855, without such contract having the certificate and seal as indicated in the following article. 5. That the persons that embark in Asia for Peru should be, first, young, moral, healthy, and industrious ; secondly, that care must be taken to ship them in good, sound vessels, which are in condition to perform the voyage, and provided with sufficient vvholesome food, and not more to be received on board than the number allowed according to tonnage of vessel ; thirdly, that at the foot of every contract celebrated hereafter in Asia with emigrants, must appear the certificate and seal of the Peruvian Agent or Consul, as designated in the following Article, who should certify to the free and voluntary agreement made between the emigrants and contractor, witnessed by two persons. 6. The Peruvian Consuls in China will carry out the views contained in Article 5, taking care that the obligations on the part of the contractors be exactly observed ; for which purpose, and before the contracts are legalized, they will exact from the said contractors certificates and neces- sary vouchers regarding the condition of the vessel and provisions, the state of the coolies, &c., having power to authorize persons versed in such matters to investigate the condition of the same. Published by order of his Excellencv. (Signed) GOMEZ SANCHEZ. No. 31. Sir John Bowring to the Earl of Clarendon. — {Received March 2, 1855.) Superintendency of Trade, My Lord, Hong Kong, December 31, 1854. I HAVE received your Lordship's despatch dated 24th October, and the inclosure from the Colonial Office. I still retain the opinion that the authorized sale of women in a British colony would lead to intolerable abuses, but as I have no reason to suppose that your Lordship adopts the views of the Colonial Land and Emigration Commissioners, I deem it unnecessary to pursue the controversy. In reference to the third paragraph of their letter, in which it is stated that the "Martin Luther" was chartered "to take in emigrants at such port as Mr. White or the Governor i^of Hong Kong) might direct between Canton and Amoy, inclusive, it had escaped our notice that between these two ports there is none, except Macao, at which British vessels could legally trade," I have only to say that Macao is not between Canton and Amoy. I hope my disposition and determination to employ every proper influence at my disposal, in order to check the dreadful crimes and miseries which have been connected with the transport of Chinese coolies to foreign countries, will not be interpreted into any unwillingness on my part cordially to aid and further a well-devised and properly-protected system of emigration to Her Majesty's Colonies, but I have had an expe- rience too practical and painful to allow me to be an unconcerned spectator of the manner in which the coolie trade is too frequently conducted. I have the honour to inclose another copy of Mr. Medhurst's article on the social relations in China, which was printed in the transactions of the Chinese branch of the Asiatic Society. (Signed) ' JOHN BOWRING. No. 32. Mr. Sulivan to the Earl of Clarendon. — [Received March 21.) (Extract.) Lima, January 21, 1855. THE proclamation published in the Government Gazette of Hong. Kong prohibiting the conveyance of Chinese labourers to the Chincha Islands on board British vessels, has alarmed the proprietors, many of whom are British subjects, and Mr. Peter Conroy, on his own part and on the part of Seiior Robinett his brother-in-law, has expressed his hope that no impediment will be placed to Chinese immigration to Peru ; he has showh to me one of Seiior Robinett's contracts, in which it is expressly stated that no Chinese is to be made to work in the Chincha Islands, and he has assured me that in all those contracts that clause is inserted. No. 33. Sir John Bowring to the Earl of Clarendon. — (Received March 31.) Superintendency of Trade, My Lord, Hong Kong, February 3, 1855. MY despatch of 18th December referred to a communication I had received, through Mr. Consul Robertson, from the Peruvian Consul at Canton on the subject of coolies conveyed to the Chincha Islands, and as your Lordship's despatch dated 8th December, confirms the assurance given by the Peruvian Government, I have issued the notifica- tion, of which a copy is inclosed, removing the prohibition announced in the "Gazette" of the 11th September last, regarding the shipment in British vessels of Chinese labourers to the said islands. I have, &c. (Signed) JOHN BOWRING. Inclosure in No. 33. Government Notification. Diplomatic Department. WHEREAS Her Majesty's Government has been officially informed that measures have been taken to correct the abuses connected with the transit to and employment of Chinese labourers in the Chincha Islands, the prohibition against Her Majesty's subjects being engaged in the conveyance of Chinese subjects to the said islands, announced by procla- ation "in the "Hong Kong Gazette" dated the 11th September, is hereby withdrawn . By order. (Signed) W. WOODGATE, Officiating Secretary in the Superintendency of Trade. Victoria, Hong Kong, January 29, 1855. No. 34. Sir John Bowring to the Earl of Clarendon. — (Received March 31.) Superintendency of Trade, (Extract.) Hong Kong, February 8, 1S55. I HAVE the honour to forward to your Lordship copy of a despatch dated Amoy, 30th ultimo, from Mr. Acting Vice-Consul Winchester, on the subject of coolie emigration from that neighbourhood. Your Lordship may be assured that if the intentions of obtaining women to accompany male emigrants be carried out, the object can only be accomplished, oii any considei'able scale, by the direct sale or the covert kidnapping of females. 72 Inclosure in No. 34. Acting Vice-Consul Winchester to Sir John Bowring. ^ Sir, Amoy, January 30, 1 855. IN compliance with the instructions to keep Her Majesty's Govern- ment informed of the progress of coolie emigration, I have the honour to acquaint your Excellency that the British ship "Zetland," 1,283 tons, chartered to take coolies from this neighbourhood to Peru, and consigned to Messrs. F. D. Syme & Co., arrived here on the 13th instant. Mr. Consul Parkes will probably have informed your Excellency that he at once applied to the consignees, to learn whether the emigrants were to be shipped at Amoy, and the destination of the vessel, and was assured that they were to be taken on board at some distance from this along the coast, and that their services were intended, not for the digging of guano in the Chinchas Islands, but the construction of a railway in the conti- nental territory of Peru. About the time Mr. Parkes was leaving, I was told that the pro- ceedings of the crimps were calculated to create an impression that the coolie trade was about to be resumed in Amoy. I deemed it desirable, therefore, to take an early opportunity of repeating to Mr. Syme what I was aware had been strongly enforced on him by my chief; viz., the danger of operating from Amoy as a basis of coolie emigration. I warned him that no support was to be expected from this office, and that it might be my duty, if called on by the local authorities, or by the apprehension of such an outbreak as occurred in November 1852, to take active measures to preserve the legitimate commerce of the port from the risks to which it might be exposed. I impressed on him that a considerable section of the population of this city were opposed to the system ; that the collection of large bodies of emigrants, according to the former prac- tice, was certain to create irritation, and the necessity of exercising a vigilant superintendence over the proceedings of his brokers, so that only voluntary emigrants might be shipped, and all imputation of kidnapping be avoided. I gathered from Mr. Syme that it is intended the " Zetland " shall be anchored beyond Ngo-soo, probably at Ting-tai Bay, about twenty miles distant from the port. He promised that there should be no collections of men in the neighbourhood of Amoy, and that he would exert every possible supervision over the acts of his brokers. I confess that I cannot see this prospective renewal of emigration without apprehension. I make no doubt, should the "Zetland" succeed in obtaining a suitable cargo, it will be resumed here by the parties in charge of the Havana contract. It is understood that at Swatow men can no longer be procured with the same facility, and the temptation once more to try Amoy will become too strong to be withstood. I am well aware that there is no express authority to interfere with the shipment of Chinese emigrants in British vessels to foreign countries from the dominions of the Emperor ; but, carried on as the system is through the medium of native ageiicy, it can always be checked through the action of the mandarins ; and should it appear advisable, I will not fail to apprise them that I am prepared to afford them every necessary support. With the north-east monsoon emigration was resumed at Swatow, and I have to report to your Excellency the following particulars : Left in American vessel " What Cheer," for Honolulu - - 200 Left in Spanish vessel "Bella Gallaga," for Havana - - - 400 Left in English vessel " Roxburgh Castle," for Havana ' 600 Two English vessels, " Martin Luther" and " Carpentaria," of 1.241 and 1,460 tons respectively, are at, or on their way to, Swatow. The parties in Havana who have taken the existing contract are, I am told, under obligation to supply a certain number of female emigrants ; 73 and the attempt to ship them will shortly be proceeded with at Swatow. I venture to predict it will have so little success that it must be soon abandoned. In the meanwhile, no small mischief may be the result. I have &c. (Signed) ' CHARLES A. WINCHESTER. No. 35. The Earl of Clarendon to Sir John Bowring. Sir, Foreign Office, April 7, 1855. I Have to acquaint you that I approve of the notification issued by you, and of which a copy is inclosed in your despatch of the 3rd of February last, removing the prohibition which you had previously issued regarding the shipment of Chinese coolies for the Chincha Islands in British vessels. I am, &c. (Signed) CLARENDON. No. 36. The Earl of Clarendon to Sir John Bowring. Sir, Foreign Office, April 7, 1855. I HAVE received your despatch of the 8th of February last, inclosing a copy of a despatch from lilr. Acting Vice-Consul Winchester, on the subject of cOolie emigration from Amoy, and I have to state to you that I approve of Mr. Winchester's language and proceedings in this matter. I am, &c. (Signed) CLARENDON. No. 37. The Earl of Clarendon to Sir John Bowring. Sir, Foreign Office, April 23, 1855. WITH reference to former correspondence, I transmit to you herewith a copy of a despatch* from Her Majesty's Charg^ d' Affaires at Lima relative to the shipment of Chinese coolies to the Chincha Islands. I am, &c. (Signed) CLARENDON. No. 38. Sir John Bowring to the Earl of Clarendon. — {Received April 30.) Superintendency of Trade, (Extract.) -Hongf Kong, March 2, 1855. I HAVE the honour to forward to your Lordship a copy of a communication from Mr. Acting-Consul Winchester, dated Amoy, 14th February, giving information respecting a contract entered into by the French Government for a supply of 900 Chinese emigrants, intended for the colonies of Guadaloupe and Martinique. The same despatch states that the " Carpentaria," chartered, as I understand, to take in coolies for a British colony, is loading at an illegal port, and beyond Consular control. * No. 32. L 2 74 ; Inclosure in No. 38. Vice-Consul Winchester to Sir John Bowring. Sir, Amoy, February 14, 1855. I HAVE the honour to report to your Excellency that a contract has been made for the introduction of 900 Chinese immigrants to the French colonies of Guadaloupe and Martinique, during the present year, between the Minister of Marine and Colonies, M. Theodore Ducos, for the Colonial Governments, and two merchants of Hdvre, MM. Malavigne and Ridet. One-sixth of the whole number are to be women, but on this head the contractors will be excused if they can prove the impossibility of procuring females. The emigrants will be shipped under the law enacted by the French Government relative to this subject, which enjoins ample space and comfort, and contains, with many excellent and humane pi'ovisions, some minute regulations that appear scarcely necessary to a well-regulated emigration from this country. According to the Ordinance, the shipment ought to be made under the superintendence of a special Emigration Agent ; and the whole contract, I believe, to be subject to the control of his Excellency M. Bourboulon. The coolies for the " Zetland " are collecting at Karn-bay, the Catholic village near the Nantae Pagoda, and I hear with pleasure that the mandarins have permitted the body of Changpoo insurgents, reported as having shut themselves up in the Old Fort, commonly supposed to have been erected by Kok-sing-a, to join the emigration. About a week ago, 190 emigrants were dispatched in a lorcha from Ngo-soo to the " Carpentaria," loading at Swatow. I have, &c. (Signed) CHARLES A, WINCHESTER. No. 39. Sir John Bowring to the Earl of Clarendon. — (Received April 30.) Superintendency of Trade, My Lord, Hong Kong, March 5, 1855. I HAVE the honour to acknowledge your Lordship's despatch dated 6th January, on the subject of Chinese emigrants conveyed to the Chincha Islands. I cannot but rejoice in the solicitude displayed by Her Majesty's Government to check the horrible abuses connected with the shipment of coolie emigrants. A frightful case has just occurred at Amoy, where a British vessel, the " Inglewood," Captain Burton, has been stopped, having on board forty female children, the eldest only eight years of age, who had been kidnapped or purchased at Ningpo. The facts were reported to the Vice-Consul at Amoy by some of the sailors, who suffered from the stench, misery, and disease of these poor, unprotected little ones. The subject is under investigation, but there is infinite difficulty in dealing with it, the principal parties being Spanish and Portuguese subjects. I have more than once pointed out to your Lordship the consequence of the attempts to obtain female emigrants from China, which I observe is made a condition in the Spanish, and, in a modified form, in the French contracts. T beg to state that the " Inglewood" was consigned to the house of a British subject, he being the Spanish Vice-Consul, and the principal Emigration Agent. He repudiates all guilty knowledge of the business. I am in communication with the naval Commander-in-chief on the subject, to which 1 shall again refer when the depositions reach me. I have, &c. (Signed) JOHN BOWRING. 75 No. 40. Sir John Bowring to the Earl of Clarendon. — {Received April 30.) Superintendency of TVade, My Lord, Hong Kong, March 6, 1855. HAVING, as stated in my despatch dated yesterday, been in communication with Sir James Stirhng, the naval Commander-in-chief, on the subject of the " Inglewood," I have received from his Excellency a despatch, of which 1 have the honour to inclose a copy, and which I have also sent to Mr. Vice-Consul Backhouse. Your Lordship shall receive further details when the investigation is completed ; but in the meanwhile, I wish your Lordship should know that no time has been lost in endeavouring to check these intolerable abuses. I have, &c. (Signed) JOHN BOWRING. Inclosure in No. 40. Rear-Admiral Sir James Stirling to Sir John Bowring. Sir, " Winchester," at Hong Kong, March 4, 1855. I HAVE the honour to acknowledge the receipt of your Excellency's letter of the 2nd instant, inclosing a despatch from the Acting Vice- Consul at Amoy, and I learn from it with great surprise that any British merchant-ship can have taken part in a transaction of the nature therein described. I shall give instructions that whenever cases of the kind shall fall under the notice of any of Her Majesty's ships under my command, that the Commander shall immediately put in full force and effect the Anti- slavery Acts of Parliament. I have, &c. (Signed) JS. STIRLING. No. 41. Acting Secretary Woodgate to Mr. Hammond. — {Received April 30.) Office of the Superintendent of Trade, Sir, Hong Kong, March 14, 1855. IN reference to his Excellency Sir John Bowring's despatch of 5th instant, I have the honour to forward herewith, for the informa- tion of the Right Honourable the Secretary of State for Foreign Affairs, copies of three despatches received this day at this office from Mr. Acting Vice-Consul Winchester, in charge of the Amoy Consulate. I have, &c. (Signed) W. WOODGATE. p.S. — The accompanying despatch, bearing on the subject of emigration from China, I have thought it my duty to transmit it, in addition to the above. W. W. 76 Inclosure 1 in No. 41. Vice'Consul Winchester to Sir John Bowring. (Extract.) Aimy, March 2, 1855. I AM to detail to your Excellency my proceedings in reference to the unfortunate female children brought here by the "Inglewood." V My first step was to pay a visit to these poor unfortunates in company with Mr. Sinclair, the result of which your Excellency will find stated in the inclosed memorandum. After much anxious deliberation, I felt it would be inconsistent with my duty to abstain from reporting the matter to the Haefang, who is in charge during the absence of the Taoutae ; and I directed Mr. Sinclair to make this communication at a personal interview, in the manner most calculated to leave the Military Prefect perfect liberty of action, and to show that we were not anxious to throw the children on his hands as a burden we wished to get rid of. The Haefang most promptly declared the utter illegality of this trans- action, and expressed a hope that the master and the shipper might be both punished. He intimated that he would acquaint us with his views respecting the children in the course of next day. In the meantime, besides seeing to the most necessary arrangements for the comfort of the children, I employed myself in taking the more important of the depositions, and the declaration inclosed. Finding the day had elapsed without any intimation from the Haefang as to the children, I deemed it my duty to inclose copies of depositions, &c., to Mr. Conolly, Acting Portuguese Consul, for the information of the Governor of Macao, and to Call upon him officially to aid me in protecting them from any clandestine attempt of Martinez to possess himself of their persons. I made a similar request to him as Acting Spanish Vice- Consul, I had scarcely dispatched these letters, which your Excellency will find accompanying this despatch, before the Haefang intimated that, after having consulted the Admiral, he was prepared to take charge of the children, with the view of betrothing or placing them as servants in families in the neighbourhood. I sent the Consular messenger with his Wei-yuen to see the children, and they were to be taken charge of by him to-day. The Haefang at first expressed a wish that the interpreter should visit the children with him ; it appears, however, that he has since deputed his principal officer to the office of conveying them to Amoy. I have instructed Mr. Sinclair, if a favourable opportunity should occur for impressing upon the Haefang the propriety of treating these unfortunates with kindness and humanity, to do so, and as an assistance to his argument to state that the care of these children was not thrown upon him as a burden we wanted to relieve ourselves from, but that I was prepared, in event of his declining, to have pledged the honour of my Government for the expenses necessary to their being placed in a position which would ultimately lead to their becoming free, and probably useful, members of society. The Consular messenger who attended on the occasion has iust reported to me the total number of the children taken charge of by the Haefang's people as forty-four. Her Majesty's sloop " Racehorse " having arrived yesterday evening from Shanghae, I have communicated all my proceedings and the dep(^ sitlons, &c., to Captain Barnard, who will determine whether it is his duty or not to seize the vessel. I find that I have omitted, in speaking of the course of allowing the children to proceed to their destination, to add that I only contemplated such a step under the faith of a guarantee from the Portuguese Vice- Consul here that the children's arrival should be reported to the Govern- 77 ment of Macao, and that they should not be withdrawn from its super- vision till their ultimate fate could be determined by Governor Guimaraes and your Excellency. I should conceal from your Excellency my sentiments, if I did not say that the real intention and destination of this shipment is still a mystery. As soon as the captain is better, I shall proceed to question him according to the permitted forms where a party stands suspected of an offence ; nor have I given up hopes of tracing the letter addressed to Hokien, but it seems politic to let the matter rest a little first, before proceeding to make inquiries which would at present immediately put the parties on the alert. In connection with this shipment, my mind has several times reverted to those contracts which include what is called the emigration of a certain number of women. But beyond the general suspicion which their terms create, I have not been able to satisfy my mind by any tangible proofs that this is the case. Should Martinez turn up, I shall press his exami- nation and punishment by Mr. Conolly, and am of opinion that certainly at Ningpo, and probably at Macao, important information on the matter may be obtained. Having taken the depositions in duplicate, I forward an original set to your Excellency, that they may be available in event of the case being removed to Hong Kong, and have therefore not numbered the inclosures in the usual way. I earnestly hope that this account of my proceedings may be satis- factory to your Excellency, whom I shall not fail to keep advised of all that passes in relation to the subject, which has been to me one of the deepest anxiety and care. Inclosure 2 in No. 41. Memorandum. ACCOMPANIED by Mr. Sinclair, I proceeded on board the "Ingle- wood," where we found a person who showed us the house in Koolongsoo where the young female children were lodged. The captain was sick and in bed, and as I had that morning received from Dr. Hirschberg an account that he was in a great state of mental excitement, and labouring under fever, I did not ask to see him, but contented myself with directing the chief officer to come to me at the Consular Office, when we returned to Koolongsoo. We found the children, forty-four in number (as was afterwards ascertained, on the Haefang taking charge of them), in a house situated in the northern village of Koolongsoo. They were under the charge of two Chinese cooks, who had been hired to attend them at Chin-hae ; several Amoy females of respectable appearance were tending them. The children, with one or two exceptions, seemed in general good health, but were many of them affected with itch, scabies, porrigo capitis, &c. &c. However disgusting the sight, and I confess myself to have been greatly aff'ected by it, the children seemed tolerably cheerful, and certainly showed no appearance of personal ill-treatment. They were be'ng washed and cleaned, the elder by themselves, and the younger by their Amoy female attendants. We saw that there were several bags of rice, dried fish, and other provisions in the house for their use. They were as comfortably housed and fed as the children of such poor people would be at home. The cooks said they were waiting for the Portuguese who had bought the children, to come to Amoy, and thence to go on to Macao with them ; that all the money they had received from Martinez was, each an advance of one month's personal wages. They had been bought, according 78 to the story of the cooks, from their parents at from five dollars to eight dollars a-piece, at Ningpo, Chin-hae, and Tsze-ke. I impressed upon the attendants the propriety of treating the little creatures with humanity and kindness, and left for the Consulate Office. (Signed) CHARLES A. WINCHESTER, Acting Vice-Consul in charge. Amoy, February 27, 1 855. Inclosure 3 in No. 41. Deposition. RICHARD SANDECOMBE, aged 29, born at East Loo, in Cornwall, duly sworn in the usual form, saith : I am chief mate of the " Inglewood." I know Martinez. I saw him about a day or two before these children came on board ; he then told me he was to bring them. He told me he was born at Macao, and of Portuguese origin. He was rather fair for an Asiatic Portuguese, and had European features ; he was about five feet four inches ; very slender ; he had a short flat nose ; his hair was dark brown ; his eyes dark ; he had on a pelisse-coat, furred on the inside ; a pair of green tartan trowsers ; he had a pair of thin black whiskers, and thin dark moustache. He talked very good English, and I believe he could speak Chinese very fluently ; I mean the Ningpo dialect, which the interpreter of the ship told me he could speak perfectly. I first saw him on board the ship about a month ago, and it was the day before the children came on board. The children were shipped on a Sunday at Chin-hae, after the vessel had left Ningpo ; it was, I believe, the 4th of February ; we were two days dropping down off Chin-hae before the children came on board ; we got on shore on the mud-flat, and lay there four days. As soon as we got on shore, the children were taken out and lodged in a house on the other side of the river from Chin-hae ; and they did not come off till the ship was afloat again. I don't know Martinez' first or Christian name. T asked him where they were going to, and he replied they were purchased for the Spanish Government at Manilla, and were going to work in the cigar factory there. He told me that in plain English, so that there could be no mistake as to his meaning. He told me that the children had cost him from three to five dollars each, and gave me to understand that they did not belong to him personally, but to a man of the name of Robino, at Ningpo. It was the intention Of Martinez to have accompanied the children ; but after the children were embarked the second time, he was taken ill of fever, of which he chiefly complained. He told me when he got the children to Amoy, he intended to ship them in the first vessel which was going to Macao, and from Macao they were to be forwarded to Manilla. Martinez had taken up his quarters on board the ship with his luggage before he went on shore, sick. He, Martinez, at the time he went on shore, told me that the captain had offered him the passage-money back. He said he would take the children back, if the captain would pay him the expense which he had been at since the children had left Ningpo. The captain refused to do so. Martinez told me there was a letter on board given to the interpreter of the ship, named Chongheen, addressed to a man in the employ of Tait and Co. ; not addressed to the firm of Tait and Co. Martinez told me he hoped to be in Amoy as soon as the ship, if he got better, as he did not doubt he would. He did not say how he was to come down. Martinez did not tell me to whom the letter was addressed ; he simply said it was to a man in Tait's office. I had no idea to what countryman it was written. 79 Chong-Jeen lives Hbw on shore with Tan-Tanhet, the supercargo of the vessel. The children were provided with rice, dried shrimps, and sweetmeats, on the way down, and were attended to by two Chinese, who came on board at Chin-hae before we sailed. The first two men who attended to them were dismissed, one of them for stealing the children's bedding, and were replaced by these two who are with them on Koolongsoo. These two men cooked for them, and attended to them altogether. The stench from the children at times was very bad ; they were all sea-sick ; thqre was a water-closet in their cabin, and they had soil-pails ; but the place was too small for such a number ; they could manage to sit down comfortably. I have no doubts in my own mind that the captain of the " Ingle- wood," Richard Burton, knew what these children were as well as I did my- self. I have no doubt that the captain knew they were purchased children, He was at first averse to taking them, but was over-persuaded to do so. I understood this from another Portuguese, who first came to treat about their passage about a week before they came on board. The captain never consulted me about taking them beyond telling me they were coming, I did not remonstrate against taking them on board at the time. I pitied the children, and thought it was a sad thing to see them bought and sold in that way, 1 did not like their coming on board ; but it was not my business to say anything. I am not dissatisfied with the ship, and am on good terms with the captain. Nobody came on board at Amoy to inquire after the children, or to relieve the ship from them. There has only been one man, who came on board yesterday evening, to inquire where the children had been put. All that I have said is the truth, so far as I know it. (Signed) RICHD. SANDECOMBE. Sworn before me, at Amoy, this 27th day of February, 1855; (Signed) Charles A. Winchester, Acting Vice-Consul. Inclosure 4 in No. 41. Declaration. 0-CHONG-ENG, aged 28, born at Singapore, saith : T am not a Christian. I am English interpreter of the ship " Ingle- wood " I can read English a little, both printed and written. Antonio Martin gave me a letter to Chin-hae, which he said was about the children. He told me to take the letter, when we arrived at Amoy, to Tait's office. I replied that the letter was for a Chinaman whom I did not know The name of the address on the letter was Ho-kien, The letter I was to deliver to Tait's office at Amoy was a Chinese letter in its outside appearance, that the children we brought down in the " Inglewood " from Ningpo were bought children. The passage money for them belonged to the captain, not to Tan-Tan-het, the supercargo. I know Martinez; he was a Portuguese; he spoke English well, and the Ningpo dialect. He said he had been at Ningpo four or five years. He was a Macao man. I don't know whether these children belonged to ^'""^ Besides "he letter for Ho-kien, in Amoy, which I was to take to Tait's office Martinez gave me two other Portuguese letters addressed to Macao. I hat^ not got them now ; 1 left them with Mr. Connolly ; I gave them into ^^ Xttinez never said to me that Mr. Connolly, or Tcut and Co. would take any charge over the children ; all he said was to deliver the letters there, which I did. 80' Martinez told me these children were to go to Manilla to make cigars, after being first taken from Amoy to Macao. I declare solemnly what I have stated to be the truth. (Signed) O-CHONG-ENG. Declared to and signed before me, at Amoy, the 27th of February, 1855. (Signed) Charles A. Winchester, Acting British Vice- Consul, in charge. Inclosure 5 in No. 41. Deposition. JOHN CONNOLLY, aged 32, of the firm of Tait and Co., a native of Ireland, being duly sworn in the Catholic form, depones : ' On the arrival of the " Inglewood," the supercargo's interpreter came on shore to our office, the ship being consigned to us ; as usual with these people, he delivered me all the letters he told me he had. There were none addressed to the house or myself. There were two Chinese letters, and one addressed to a M. Gonsalvez, in Macao. The Chinese letters were given to one of our Chinese servants, who was told to distribute them to their addresses. The letter for Macao was put into the despatch- box as usual, and 1 believe it has gone there. I took no particular notice of these letters, further than forwarding them in the usual way, because they were delivered to me without any observation. 0-chong-Eng told me the vessel had been aground once or more, but he said nothing about passengers, and I did not ask if there were any on board. This was on Saturday. I afterwards heard from the captain the same evening that he had some passengers on board ; he said they were children, but did not mention their number, and wished that the parties concerned would take them away, as they were a great inconvenience. He mentioned his hopes that they might be transferred to a lorcha, but I was busy, and paid little heed, not knowing that there was anything unusual or requiring special interference. I have seen the deposition of the mate of the vessel, and with respect to what he mentions of Martinez I know nothing at all ; he is entirely a stranger to me. To the best of my belief he is also a stranger to every other person in our house. I had not even heard of him before his con- nection with this case. With regard to the children being intended for Manilla, I believe such is not the case, that there is no such intention. If such were the case, I should likely have known it officially. Nothing of the kind has ever been intimated to me. None of our servants in the house are allowed or are in the habit of conducting business of any sort, unless under the direction of the principal, and therefore I suppose the mention of some of our servants could only have been made to Captain Burton to induce him to take them. There was no authority for any such business. I repudiate and deny any connection in any possible way, mediately or immediately, with this shipment, with which neither I nor Tait and Co. have anything to do. (Signed) JNO. CONNOLLY. Sworn and signed before me, at the British Consulate, Amoy, this 28th day of February, 1855. (Signed) Charles A. Winchester, Acting Vice-Consul, in charge. Inclosure 6 in No. 41. Deposition. HENRY JULIUS HIRSCHBERG, Member of the Royal College of Surgeons, London, a native of Prussia, aged 40, duly sworn depones 1 am now attending medically Captain Burton of the '" Ine-lewr Inglewood," 81 and the ship generally. The captain is suffering from continued fever ; is at present in a state of great irritability and excitement, and does not give correct or exact answers. Besides the captain, the second mate and an American acting as a steward are suffering under the same disease, in more or less advanced stages ; both are at present delirious. The cause of this sickness is evidently the smell and stench of the forty-seven young children, who were on board in an adjoining cabin, most of which young children are suffering from diseases of tfie skin. The chief mate has escaped illness, but I understand that he kept purposely out of the way. I was called on board on Saturday evening, and again went on board on Sunday morning. On Saturday night I did not see the children, but on Sunday morning, when I was there, the door of the cabin was opened by a Chinaman. I felt immediately a most oppressive stencfi, and I had a serious headache during the whole day, and felt sick several times. I consider the cabin which I saw was much too confined for such a number of children. I recommended them to be immediately removed from the vessel. But whether it was done from my recommendation I do not know. The captain is not at present a fit subject for examination, and I am, anxious to have him removed on shore. I have not been called on to attend to the children personally by any one. (Signed) H. J. HIRSCHBERG. Sworn before me, at the British Consulate, Amoy, this 28th day of February, 1855. (Signed) Charles A. Winchester, Acting Vice-Consul, in charge. Inclosure 7 in No. 41. Vice-Consul Winchester to the Acting Portuguese Consul at Amay. Sir, Amoy, March 11, 1855. I HAVE the honour to inclose you, in your capacity of Acting Portu- guese Consul at this port, deriving your authority more immediately from the Government of Macao, the following documents for the information of his Excellency the Governor of that Colony, charged with the general superintendence and control of Portuguese subjects in China, viz. : 1. True copy of deposition of Richai'd Sandecombe, Chief Mate of the British ship " Inglewood." 2. True copy of deposition of John Connolly, Esquire, a British merchant trading at Amoy. 3. True copy of deposition of Henry Julius Hirschberg, surgeon at Amoy. 4. True copy of declaration of 0-chong-Eng, supercargo's interpreter of the " Inglewood," a native of Singapore. 5. A memorandum of my visits to these children, under my hand and seal. From the documents— the main facts stated in which have been admitted to me by the master, who is however too ill to be examined — you will perceive that forty-seven female children, of tender years, purchased from their parents and guardians at Ningpo, were shipped through the agency of Antonio Martinez or Martin, a Portuguese of Macao, on board the " Inglewood," for Amoy. This shipment was not reported at the British Consulate at Ningpo, and was made in a clandestine manner by the master of the " Inglewood." These forty-seven girls were placed in the charge of two Chinese cooks, who stated to Mr. Sinclair that they each received a month's advance of waees from Martinez, but no other funds of any description. ^ M2 82 No sufficient provision was made by Martinez for their comfort oii the voyage, where they were huddled into a cabin so confined, that the result has been a pestilence in the vessel ; or for their sustenance at Amoy, where no one has appeared to claim them. They are now supplied with food and necessaries under my official directions, by the English firm of Tait and Co., who are the agents of the ship. A clearer case of slave-trading it is impossible to suppose, and the master of the " Inglewood" will be held amenable for the violation of the laws of his country. The faith of Portugal and England has been so often interchanged in Treaties, Conventions, and Decrees, for the abolition of all foreign trade in slaves, and the conduct attributed on the evidence inclosed to Martinez, is so plain a violation of the laws of the colony of Macao, which apply to all Portuguese in China, and will, I firmly believe, be so certainly condemned by his Excellency Senhor Guimaraes, that I feel justified in i"equesting you in your official capacity to interdict and prohibit Antonio Martinez, or any other Portuguese subject whatsoever, from asserting any right or property whatsoever in these children, or from removing or attempting to remove them, or any of them, without our joint cognizance and consent, from their present habitation in Koolongsoo. I make this request to you in the spirit of the Treaty engagements existing between Great Britain and Portugal, which on the subject of foreign Slave Trade are of the most binding nature. I have also the honour to request, that on the arrival of Martinez, or other Portuguese subject on his behalf, you will be pleased to examine him in reference to these childreUj and to communicate to me a copy of such examination. I have already communicated by the '' Mazeppa'' the principal facta of this case to his Excellency Sir John Bowring, Her Britannic Majesty's Plenipotentiary, &c. ; and as I felt it my duty that the local Government at Amoy should not be led to suppose such shipments were permitted in British vessels, I directed Mr. Sinclair to state to the interim principal authority that it had, however illegally, occurred in a British ship. The Haefang's answer was, that such purchases by foreigners in China were illegal, and that he hoped both the shipper and the master would be punished: as he has not been pleased to give any directions regarding the children within the time he appointed for so doing, it is possible he may not consider it advisable to interfere ; under the circumstances I do not think it would be humane or right in me to press him. The fate of these children is a matter of the most urgent moment, and I feel called on to pledge — subject to the sanction of his Excellency Sir John Bowring — the credit of the English Government for the disburse-, jnent of whatever funds may be necessary for placing them in a position where they may ultimately become useful and free members of sdciety or .in fulfilling any wishes which the Chinese authorities may indicate regarding them. I invite you to do me the favour to discuss this matter at a personal interview, when we may be able to consult on all its most important bearings. Receive, &c. (Signed) CHARLES A. WINCHESTER. Inclosure 8 in No. 41. Vice-Consul Winchester to the Acting Spanish Consul at Amoy. Sir, Amoy, March 1, 1855. A STATEMENT has been made to me that forty-seven Chinese female children, of tender years— purchased from their parents and guardians in Ningpo and its neighbourhood — brought here illegally by the British ship " Inglewood," and now supported by my official directions in a tenement in the northern village at Koolongsoo, are intended for the Government cigar factory at Manilla. 83 I do not believe this for a single moment, but beg to call on you, in the name of the numerous obligations which exist between Great Britain and Spain for the prevention of slave-trading, to interdict and prohibit any Spanish subject or subjects whatsoever from asserting any right or property in these children, or removing or attempting to remove them without our joint knowledge and consent. Receive, &c. (Signed) CHARLES A. WINCHESTER. Inclosure 9 in No. 41. Vice-Consul Winchester to the Acting Portuguese Consul at Amoy. S'*"' Amoy, March 1, 1855. SINCE I had the honour of addressing you, the Haefang has inti- mated to me his intention to take charge of the young female children brought here in the " Inglewood," who are to be betrothed or given away to Chinese people here, to be brought up as servants of families. The Haefang has sent a person to visit them to-day, and intends removing them to-morrow. I advise you of this as the official representative of the Government of which the shipper Martinez is said to be a subject, that you may act in the case as you see fit. Receive, &c. (Signed) CHARLES A, WINCHESTER. Inclosure 10 in No, 41. Depositions. JOHN NORFOR, Middlesex, aged 27, seaman, ship -'inglewood," duly sworn, saith : I remember these children coming on board in a very filthy state at Chin-hae, On a Sunday about 11 a.m., about the middle of February. I thought myself, and it was the current opinion and talk of the vessel, that these children were bought to be sold again. I heard the Portuguese, who brought the children on board, ask the captain if he could take two more. The captain told him in my hearing to put them amongst the rest, if he could find room. The two more were put on board. This was after the children came on board the second time. I felt convinced in my own mind, from the circumstances and appear- ance of the children, that they were going to be sold. I don't think any one who saw it could have doubted it. (Signed) JOHN NORFOR. Sworn before me, at Amoy, this 2nd day of March, 1855. (Signed) Charles A. Winchester, Acting Vice-Consul, in charge. John Thomas Tucker, born in London, 32 years of age, being duly sworn, saith : I am cook and steward of the " Inglewood." I remember the children coHiing on board off Chin-hae, about the beginning of February. There were more than forty children. A Portuguese gentleman came on board with them, and remained with them whilst the ship was aground. He then took them on shore on the other side of the river, abreast of Chinhae, to a large house, where they were to remain till the ship got off. I don't know how these children came into the possession of this Portuguese. I supposed that he had bought them in the way of traffic, as it was a strange thing for a man to have s ) many young female children. It was currently reported that the Portuguese had bought the children, and would 84 make a large sum of money by them. This I myself heard from an American passenger on board, now sick in hospital. In my own mind, from the condition in which the children came on board, which was most deplorable, I did not doubt they were bought children. There was a dreadful stench in the cabin and about the children. I got them on the poop the day before they went on shore here : it was really awful ; the first mate ran away from the scene. The Portuguese got sick before leaving Ningpo river, and left the ship. I never heard there had been any project to have the children taken out of the ship before sailing for Amoy, and going on without them. The current rumour was, that they were to be sold to the cigar factory at Manilla. I think the children left the ship at Amoy on Monday afternoon. (Signed) J. T. TUCKER. Sworn before me, at Amoy, this 2nd day of March, 1855. (Signed) Charles A. Winchester, Acting Vice- Consul, in charge. Joseph Lewis, born at Chepstow, aged 45, seaman, of " Inglewood," being duly sworn, saith : - I remember these children, and their coming on board in a bad state from disease and filth at Chin-hae, about the beginning of last month. I thought they were not in a fit condition to be at sea. The second mate, now sick in hospital, told me they were slaves. It was the general impression of the ship that it was so, and every one talked of it as such right fore and aft the ship. (Signed) JOSEPH LEWIS. Sworn before me, at Amoy, this 2nd day of March, 1855. ;5 (Signed) Charles A. Winchester, Acting Vice'Consul, in charge. ffw , Alexander Robertson, carpenter of the " Inglewood," aged 23, native of Aberdeen, duly sworn, saith : I remember these children coming on board. There were first forty- two, and afterwards two or three more came. I have heard the whole number was forty-five ; from seeing them I know there was more than forty. A Portuguese gentleman whose name I don't know came on board with them. The children were in a very dirty state when they came on board. I saw that. I thought it a most extraordinary thing to see such a number of young female children brought on board. I never saw any such a thing before. I thought these poor creatures were not in a fit state to be on board of ship. A bumboat man at Ningpo made me to understand that some children were coming on board the ship who had been bought for so many dollars, and were to be sent to the cigar factory at Manilla. The children were not sent on board at Ningpo, but came down to us in a lorcha, after we had been lying three or four days there. From all that 1 heard and all that I saw, there was no doubt in my mind that these children were bought children ; in fact, that they were slaves. That was the general impression in the ship, and was currently talked of. The stench from the children's cabin, which was about 18 feet by 9 feet and 5 feet 10 inches betwixt decks, was excessive. The captain called me to get a bulkhead seam caulked, to prevent it entering his cabin, about the mouth of the Ningpo river ; and he then expressed a wish that he had never taken them on board. At that time the captain said he could not sleep for the stench. (Signed) ALEX. ROBERTSON. Sworn before me, at the British Consulate, Amoy, this 2nd day of March, 1855. (Signed) Charles A. Winchester, Acting Vice-Consul, in charge. • 185 Inclosure 11 in No. 41. Extracts from the Log of the " Inglewood." Sunday, February 4, 1855.— At 11 a.m., received on board thirty-nine children as passengers for Amoy. Tuesday, 6//i.— At 1 1 a.m., ship touched the ground. Wednesday, 1th.— M. Martinez, the person in charge of the passen- gers, took them on shore at 2 p.m. Monday, 12«A.— Hove the ship afloat by the stream cable. Wednesday, lAth. — Received the passengers on board. Tuesday, 20 1855. I HAVE the honoui to acknowledge receipt of your communication bearing date the 1st instant, informing me that forty-seven Chinese girls had arrived from Ningpo in the British ship " Inglewood," and that a statement had reached you that these people were intended to be sent to Manilla, to be employed in the cigar factory there. The establishment in question is worked under the immediate direction of the Spanish Government ; and I am not aware of any desire to engage the services of Chinese for that business. It is difficult for me to account for the motive by which your informant was actuated in giving rise to a groundless statement, which 89 I observe you did not believe when you received it. I am thankful for the manner in which you drew my attention to the numerous obligations which exist between Great Britain and Spain, and can assure you that there rests no wish that any such should be overlooked, but the contrary. I have, &c. (Signed) JNO. CONNOLLY. Inclosure 20 in No. 4L Vice-Consul Winchester to the Acting Portuguese Consul at Amoy. Sir, Amoy, March 8, 1855. I HAVE the honour to acknowledge receipt of your despatch of this date, relative to the young female children brought from Ningpo in the " Inglewood," and sworn to have been shipped by one Martinez, a Portuguese. In reference thereto I beg to remark that the steps taken by the Chinese authorities were entirely spontaneous, and in no way urged upon them by me; and that you were duly informed, in my letter of the 1st instant, of their intentions in time to have stated to them any such views as yours before me mentions, with respect to their being under indentures. Except two Chinese cooks, entirely destitute of money, and having only received one month's advance of wages, no one appeared to be in charge of these children, or claimed to have anything to do with them. They were supplied with food and the necessaries of life by the English firm of Tait and Co., with an express reservation that they did so solely as agents of the ship under my direction. Under such circumstances, not to have reported their arrival to the Chinese authorities would have implicated the reputation of this oflBce in a transaction, according to the depositions before me, both illegal and nefarious. 1 shall have the honour to forward your favour, now acknowledged, to his Excellency Sir John Bowring ; and beg you to inclose copy of the present answer to his Excellency Governor Guimaraes. R/Cceive &c, (Signed) ' CHARLES A. WINCHESTER. Inclosure 21 in No. 41. Deposition. ELI MOORE BOGGS, native of New York, aged 19, being duly sworn, depones : I first went on board the "Inglewood" about a month ago or more. The children came on board after I had joined the ship ; they belonged to one Martinez, a Portuguese. The children first came on board at Chin-hae; were afterwards taken on shore, when the ship grounded ; and then reshipped after she got off a little below Chin-hae. Martinez told me personally that he had bought the children from their parents, and that the most he had paid for them was seven dollars a-piece. He told me that he was going to send them to the Havana, to a large cigar factory. He spoke English very well, so that there could be no mistake. I believe he told some others they were to go to Manilla, but he distinctly said to me the Havana. He informed me that when he took them to Macao, the Spanish Consul there would take them off his hands, and he would make a profit of 1,600 dollars by them. Martinez told me that he had as many more children m Ningpo, but that they were sick, and he could not bring them. There were forty-seven children put on board in the first place, but some were taken sick, and put on shore in an island opposite to the mouth of the river. ^ N2 90 I considered these children slaves. I saw Martinez whip one of the children ; the girl made a reply in Chinese to Martinez, which Martinez interpreted to the captain in my hearing, to the eflFect that the girl said, " I have come to your hands to be killed, and I would as lief be killed now as by-and-bye." The children were in a most filthy state, covered with vermin, and horrid diseases of the head and skin. The stench on board in their cabin, which was 9 feet, or thereabouts, long, by 6 feet wide, was dreadful. I have had a severe fever, the result of being near them ; and there are five more persons in the hospital in the same state from that cause. The two Chinese who attended on these children were mere cooks ; they had no money, but were to get it from a Chinese to whom there was a letter sent. I have seen some letters addressed to Martinez as Cora Martinez. Martinez left the " Inglewood " sick in the pilot's boat, before we finally left the island near the mouth of the river. Martinez has a " lorcha" and five small boats at Ningpo, and has the Portuguese flag on board them. I have heard Martinez telling Captain Burton, of the " Inglewood," what prices he had paid for the children. I am quite satisfied that the captain knew from Martinez all about their being bought. I was acting as steward of the vessel, but got no wages. (Signed) ELI MOORE BOGGS. Sworn before me, at the British Consulate, Amoy, this 10th day of March, 1855. (Signed) Charles A. Winchester, Acting British Vice- Consul, in charge. Inclosuire 22 in No. 41. Vice-consul Winchester to Sir John Bowring. (Extract.) Amoy, March 3, 1855. I REGRET that it should be my duty, at so short an interval, again to address your Excellency on the subject of coolie emigration, but the -case of the children brought here by the "Inglewood," has so important a relation to those contracts of foreign colonies which stipulate for a certain proportion of women, that I find it necessary once more to request your Excellency's attention to the subject. I give it as my unhesitating opinion, that in this and no other way can the required females be obtained ; that the exportation of women in foreign vessels essentially involves slave-trading, inasmuch as such females must be bought — in violation, too, of the laws of China — to be put on board. As a conclusion from this undoubted fact, I beg to suggest to your Excellency that prohibitory or warning proclamations against British vessels carrying Chinese female emigrants, unless with a certificate, under the hand and seal of a Consul, declaring their free condition, should be issued by yourself and his Excellency Sir James Stirling, the naval Commander- in-chief. Yesterday Messrs. Tait and Co. dispatched from Ngo-soo 240 coolies to Swatow. Four hundred coolies are ready for the " Zetland," at Camboy, as soon as she can clear from the port. An American ship of 1,400 tons, chartered by Mr. Tait, has arrived from New York direct, and will, I suppose, proceed to Swatow. Next week I shall send the constable, who is an intelligent person and passably understands the local dialect, to Ngo-soo and Camboy (if his services can be spared), to observe what is doing there, for my infor- mation. Your Excellency knows how strongly I have expressed my opinion in favour of a well-regulated emigration of men from China, as calculated to benefit alike the districts which they leave, and the colonies to which they proceed. If left to be carried on as it is at present, wiihout contnil 91 1 can only see in the future a great Asiatic Slave Trade, to repress which may require, on the part of England, squadrons as expensive as those employed against the African, So long as the demand for emigrants keeps within the numbers voluntarily disposed to leave, matters are fairly enough conducted by the Chinese crimps ; but the moment a number of large vessels, on heavy demurrage, arrive to increase the demand, the prices paid for the collection of men rise ; the cupidity of the brokers incites them to iniquities which the merchants do not know, or find it their interest not to inquire into, and cannot control. The rate at which emigration ought to be carried on, cannot be judged of impartially by a merchant greatly interested in the numbers, and can only, if at all, be determined by a responsible Government officer, aided by respectable natives. It is my opinion, which I state with great submission, but after much reflection, that Her Majesty's Government— allowing ample time for the winding-up all pending transactions, not clearly illegal — should, as a matter both of right and policy, restrain all British ships and British merchants from participating, aiding, or assisting, in any emigration whatsoever from this country, to any other than British colonies. If this is not done, I am satisfied that sooner or later the national character will be stained with disgrace ; it is already so to a certain extent in the eyes of respectable Chinese, who never speak of this emigration under any other form of expression than that of buying men. Who, after what occurred at Amoy, in November 1852, will insure us against some general catastrophe, which will affect our legitimate trade and persons wholly unconnected with this system, as the result of what is going on ? The only contract emigration from China, in my humble opinion, which English ships and English merchants should be allowed to engage in, should be that carried on to our own colonies under the control of regularly appointed emigration agents. No. 42. Mr. Merivate to Lord Wodehouse, — {Received June 16.) My Lord, Downing Street, June 15, 1855. WITH reference to your Lordship's letter of the 19th ultimo, accom- panied by a despatch from Sir John Bowring,* relative to an emigration from Amoy to Martinique and Guadaloupe, which has been set on foot by the French Government, I am directed by Lord John Russell to transmit to you, in order to be laid before the Earl of Clarendon, the inclosed copy of a report from the Emigration Commissioners. I am, &c. (Signed) HERMAN MERIVALE. Inclosure in No. 42. The Colonial Land and Emigration Commissioners to Mr. Merivale. Colonial Land and Emigration Office, Sir, June 6, 1855. WE have to acknowledge the receipt of your letter of the 25th ultimo, accompanied by a letter from the Foreign Office, inclosing a despatch from Sir John Bowring, relative to an emigration from Amoy to Mar- tinique and Guadaloupe, which has been set on foot by the French Government. 2, It appears that the French Government have contracted with a * No. 38. 92 mercantile house at Amoy, for the supply of 900 coolies. The British Consul at Amoy, in reporting the transaction to Sir John Bowring, states that the emigrants will be shipped under the law enacted by the French Government, which enjoins ample space and comfort, &c. 3. We are not aware to what law reference is here made. The^only Ordinance of the French Government with which we are acquainted, is one dated 27th March, 1852, which regulates, to a certain extent, the emigration from France and the French colonies to certain specified places, but would not apply to emigration from China. In July 1854, however, a Committee was appointed by the French Government to inquire into the question of emigration from French ports; and by this Commission a report was made, and a Bill (Projet de Reglement) prepared, but whether the latter has since become law, we are unable to state. This Bill relates exclusively to emigration from France, though it would no doubt be in the power of the French Government to give it greater extension ; and we presume that it is to this that the Consul at Amoy refers. 4. In regard to the remark of Sir John Bowring, that the British ship " Carpentaria" is taking on board emigrants at an unauthorized port, we think it right to state that this vessel has not been chartered by us, nor is in any way under our control, nor have we any information on the subject. We have, &c. (Signed) T. W. C. MURDOCH. C. ALEXANDER WOOD. No. 43. The Earl of Clarendm to Sir John BowHng. (Extract.) Foreign Office, June 18, 1855. I HAVE received your despatches of the 5th and 6th of March, and Mr. Woodgate's of the 14th of the same month, relative to the circum- stances under which the British vessel "Inglewood," hkving on board several Chinese female children, who had been kidnapped or purchased at Ningpo, was stopped at Amoy on her way to Macao ; aind 1 have to state to you that, having consulted the proper Law Officer of the Crown, Her Majesty's Government are of opinion that the master of the " Inglewood " should be criminally proceeded against, under the 5th Geo. IV, c. 113, s. 10. The forfeiture of the ship should be sued for under sections 4 and 12 of the above-mentioned statute. Such forfeiture would, in the opinion of Her Majesty's Government, be the most effectual means of preventing similar transactions for the future. No. 44. Extract from a Letter from Mr. John Purdon to Captain John Burnett. — (Communicated by the Board of Trad^, July 12, 1855.) Chincha Islands, May 5, 1855. WITH regard to the Chinamen, I am happy to say that there is a great change made to them for the better. I had a long chat the other day with the Governor and other officials of the island, and they tell me that 20 per cent, is taken off their daily labour, and one-third rations more allowed them per day, and new huts are built for them-— and comfortable ones they are when compared with the others — and the lash is never used without a fair trial and witnesses on both sides : in fact there is a wonderful change here ; there is no suicide committed of any kind nor the heartrending cry of the suffering Chinaman is never heard, but in its stead you will hear the merry laugh and the native song, accom- panied with fireworks and crackers. 93 I thought it a fine time to introduce my old plan of free labour, while in conversation with the " big bugs ;" they listened to me very patiently, giving each other sly looks, but all the answer I received was, 'Very good ;" but mark my astonishment the next morning at breakfast- time when I received the inclosed, to which I agreed very readily, and almost every captain in the harbour. There are at present a great many men from the ships on the island working, and I think the scheme will work well after a time. We have here a Commodore of the British fleet, and a Committee of twelve, all ship-masters ; the Commodore at present IS Captain Wilson, of the ship " Lockwoods." Inclosure in No. 44. Don Elias to the Captain of the *' Virginia." Dear Sir, Government of the Chincha Islands, May 5, 1855. REFERRING you to the clause of your charter-party commencing with " should political or other circumstances," and ending with " they receiving the usual labourer's daily pay while so employed," I have now to request that you will send on shore daily as many of your crew (natives of the country, if possible), as you can conveniently, for the purpose of giving as quick despatch as possible to the vessels now at these islands, the late resolution having left us short-handed. I am, &c. (Signed) JESUS ELIAS. No. 45. The Earl of Clarendon to Mr. Sulivan. Sir, Foreign Office, July 16, 1855. I HAVE to instruct you to express to the Peruvian Government the satisfaction with which Her Majesty's Government have heard of the improvement in the condition of the Chinese labourers in the Chincha Islands. I am, &c, (Signed) CLARENDON. ^ 2 H a u > 2 en O SS » o '^N o a o S5 ^ r ^ tei 1 fio Cft s ^ '^ H o 1—1 ■i 00 P- tn Co cn o^ ^ gi g § 9 S SI- '^ o o . w » cn >S o o M Si o 9 o 3 o O CD B O > O""^' i/'.'A'^i^ .C.(L-CFyu<.-^£. ^-■iC^/\,.c CHINESE IMMIGRATION. 2. RETURN to an Address of the Honourable The House of Commons, dated 19 August 1853;— /or, " COPIES or EXTRACTS of Despatches relating to Chinese Immigrants recently introduced into the Colonies of British Guiana and Trinidad" Colonial Office,-! FREDERICK PEEL. 19 August 1853. J {Mr. Peel) Ordered, by The House of Commons, to he Printed, 20 August 1853. i i 986. BRITISH GUIANA. Despatches frota Governor Barkly - - - - - - - -p. i Despatches from Acting-Governor Walker - - - - - - -p. 56 Despatches from the Secretary of State : The Right Honourable Earl ijrey - - - - - - -p. 72 The Right Honourable Sir John S. Pakington - - - - - p. 90 His Grace the Duke of Newcastle - - - - - - -p. 95 TRINIDAD. Despatches from Governor Lord Harris - - - - - - -p. 137 Despatches from the Secretary of State the Duke of Newcastle - - - p. 151 APPENDIX. British Guiana Ordinances - - - - - - - - - -p. 154 Trinidad Ordinance -------- --p. 187 ^r\ [ iu ] SCHEDULE 986. a 2 C iv I SCHEDULE. B R I T.I S H GUIANA. DESPATCHES FROM GOVERNOR BARKLY. Number in Series. 8, a 10 ij DATE. 1851; 26 Augast 31 October 31 October 1852: 2 October 1853: 24 January 8 February - II February 11 February 26 February 10 March - [Extract.] 12 March No. 124 151 152 156 15 21 24 32 38 41 SUBJECT. Forwarding Extract Minute of Proceedings of Court of Policy relative to the desire to encourage Chinese immigration; Observations on the proposed Rate of Bounty ; Contracts, &c. Reporting the Terms of an Arrangement made with Mr. George Booker for despatching a Vessel for Chinese Immigrants - Resolution of Court of Policy in favour of appropriating 50,000 Z. from the Parliamentary Guaranteed Loan to furthering the Introduction of Chinese ---y----- DiflSculty of procuring Female Emigrants - - « - Proclamation reducing the Rate of Bounty from 100 dollars to 80 dollars Notifying the First Arrival of Chinese Immigrants by the " Lord Elgin" and "Glentanner" , Great, Mortality during the Voyage . - - - - Remarks on the Arrangements required for this Immigration Indiscriminate Immigrationon Bounty should altogether cease Observations on the System of Contracts and Advances Form of Contract in use, &c. ..--.. Want of Interpreters ....... Opium Eating --------- Want of Female Chinese Immigrants - - - - - Measures for locating the newly-arrived Immigrants Satisfaction of the Planters with them - - - . Report of Commission of Inquiry into the Causes of the Mortality during the Voyage of the Chinese Immigrant Ships " Glen- tanner "and " Lord Elgin -------- Forwarding Ordinance No. 2 of 1853, regulating the Relations of Masters and Servants ; and Ordinance No. 3 of 1 853, Amend- ing certain Ordinances in force relative to Immigration; with remarks on the applicability of their Provisions to the various classes of Cooly, Creole, African, and other Labourers Report of Committee appointed to revise the Colonial Immi- gration Ordinances -------- Proclamation withdrawing the offer of Bounty on Chinese Immi- grants, as far as the public generally is concerned - - - General Report on the Chinese recently introduced into British Guiana ; their efficiency as Agricultural Labourers ; acclimatisa- tion ; means for the preservation of order amongst these people ; affray between certain Chinese and emancipated Negroes; habits of the Chinese - - - - -- On the subject of the Provision to be made for the Expenses of future Emigration -------.. N'umber of Chinese Emigrants required for the ensuing season ----....-. Proposed Introduction of Chinese or Half bred Chinese from Java ------.... Arrival of a third Ship, the " Samuel Boddington," with Chinese from Amoy -------... Great Mortality on the Voyage; Selection of ineligible Emi- grants ; steps taken with reference to the Excess of Number embarked ; Space to be allotted under the Passengers' Act Page. 1 2 6 7 9 9 9 10 10 10 11 11 11 12 12 17 25 25 33 34 37 37 37 38 38 * The previous Correspondence on the subject of Chinese Immigration into British Guiana will be found in House '. TRINIDAD ORDINANCE. An Ordinance for the better Government of Chinese Immigrants introduced Jsi -at the Public Expense- - - -J-;- No. 20 of 1851 2 No. 21 of 1851 No. 22 of 1851 4 ! No. 2 of 1853 No. 3 of 1853 No. 13 of 1853 1 JVl No. 3 of 1853 154 164 169 171 174 186 187 [ 1 J COPIES or EXTRACTS of Despatches relating to Chinese Immigrants recently introduced into the Colonies of British Guiana and Trinidad. BRITISH GUIANA. BRITISH GUIANA. — No. 1.— (No. 124.) Copy of a DESPATCH from Governor £«/•% to the Right Hon. Earl Grey. Government House, 26 August 1851. ,-- , (Received, 24 September 1851.) xVJy Jjord, (Answered, No. 448, 13 February 1852, page 72.) Having laid your Lordship's despatch of 8th ult, No. 361,* on the subject of Lhmese immigration, before the Court of PoUcy, I have now the honour to transmit extract minute of the proceedings of that body, confirming a report from the sub- committee to whom it was referred, by which your Lordship will perceive that it is the desire of the colonists to encourage this species of immigration in every possible way, and that they will readily acquiesce in any appropriation of the funds raised under the loan ordinance, for the charter of a vessel by the Colonial Land and Immigration Commissioners for the purpose. It is possible that if the favourable accounts given by Dr. Bowring of the dispo- sition to emigrate on the part of the Chinese, are known to parties connected with the West Indies at home, there may be no difficulty in getting them to authorise contracts on their behalf being entered into in Chi6a by any agent appointed by the Commissioners to superintend the emigration, or e.ven, that the necessity for any action on the part of the Commissioners may be superseded by such parties making their own arrangements on the faith of the 100 dollars per head bounty, alluded to in the second article of the report, which, as your Lordship is a\»^are, from' the proclanaation of rates of bounty, forwarded with my despatch of 22d October, No. 150,f is already the legal rate payable in respect to Chinese immigrants. Should, however, the Commissioners find neither the West India interest nor the owners of the vessels chartered, willing to enter into such contracts as will induce these people to leave their country, I apprehend there could be no difficulty in directing the contracts to be made out in the name of the immigration agent- general of this colony, and on the terms described in the report of the sub-committee of the Court of Policy, as nearly as may be. There can be no doubt that such contracts, by whomsoever entered into, will prove a mere matter of form upon the arrival of the immigrants here, for they will all embrace the option to be aiforded them of cancelling their agreement and claiming the current rate of Avages of the colony, an option in fact which, as the law stands, is given to all immigrants, whether expressly stipulated or not. It is believed here that Amoy would be the best port from which to procure the Chinese, but in all probability before any steps can be adopted in the matter definite information will have been received from Mr. J. T. White, who, as your Lordship is aware, left Calcutta some months ago on a mission of inquiry into the feasibility and advantages of this introduction of the hard working and intelligent Chinese into the West Indies, where it is hoped they will form a middle class, better capable of standing the climate than the natives of Madeira, more energetic than the East Indian, and less fierce and barbarous than the emigrants from the Kroo coast of Africa. t 1 o J have, &c. (signed) Henry Barkly. Enclosure * Page 490 of House of Commons' Paper, No. 624, ist August 1851, " British Guiana." -f- Page 196 of - - - - ditto - - - - ditto. 986. A No.. 1. Governor Barkly to the Right Hon, Earl Grey. 26 August 1851, BRITISH GUIANA. Enclosure in No. 1. 2 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY Enclosure in No. 1. Extract from the Minutes of the Proceedings of the Honourable the Court of Policy of the Colony of British Guiana, at its Adjourned Assembly, held at the Guiana Public Buildings, Georgetown, Demerara, Monday 25 August 1651. [After prayers.] The Honourable Mr. Rose laid over Report of Committee on letter of Dr. Bowring to the Right Honouraljle the Secretary of State for the Colonies, relative to Chinese immigration, which on his motion, seconded by the Honourable Mr. Booker, ordered to be adopted, viz. :— Your Committee have carefully read and considered Dr. Bowring's letter to the Right Honourable Earl Grey, Her Majesty's principal Secretary of State for tlie Colonies. It is the opinion of your Committee that every possible means should be adopted to encoura£;e emigration from China. It is evident from the information contained in Dr. Bowring's communication, that a supply of valuable labour, to an almost unlimited extent, can be procured from China, your Committee would, therefore, respectfully recommend, — First. That your Excellency will be pleased to invite Earl Grey to direct the necessary measures to be taken by the Land and Emigration Commissioners to send out a vessel immediately ; and further, that his Lordship will be pleased to instruct the Land and Emi- gration Commissioners to consult with the Commissioners of the British Guiana Loan, as to the means most likely to insure success, these gentlemen being all largely interested m the prosperity of British Guiana. . . Secondly. That your Excellency will be pleased to issue your proclamation, offering a bounty for effective Chinese immigrants under engagement to labour as agricultural labourers for five years, the sum of 100 dollars, under ordinance No. 23,* of the year 1850. Thirdly. As it appears that the Chinese labourers require to be guaranteed a certain rate of wages for the period of service, we recommend the emigration agent, at the port of embarkaiion in China, to be instructed to engage them at wages not exceeding four dollars per month, and the scale of allowance of food as stated in the annexed memorandum ; stating at the same time, that if they should prefer to be paid at the same rate for the work they perform, they finding their own provisions, as other labourers in the colony, they would have the option of doing so. Fourthly. That the emigration agent be authorised to advance a sum not exceeding 10 dcyllars, to such effective emigrant, before embarkation, to be repaid by instalments in British Guiaina, Scale of aUovmnce of food for Chinese immigrants, being similar to that fixed for African ships- Biscuit -'- - - - - - - -lib. Rice ilb. Beef, pork, or salt fish - - - - - - Jib. Women to receive the same rations as men. (True extract.) J. Gardiner Avstin, Acting Secretary. No. 2. Governor Barkly to the Right Hon. Earl Grey. 31 October 1851. (No. 15..) -No. 2.- Copy of a DESPATCH from Governor Barklif to the Right Hon. Earl Gre^. Government House, 31 October 1851. My Lord, (Received, 9 December 1851.) So great was the anxiety of the planters of this colony, after the receipt of Dr. l3owring's Report, to share in the advantages of emigration from China, that an offer was addressed to me by the Hon. George Booker, to despatch forthwith a vessel, at his own risk, to bring Chinese immigrants, under contracts assignable to the colony, on payment of the bounty, upon condition only that he should be allowed to carry back to Madras a portion of the coolies whose term of service had expired, in order in some degree to compensate him for the voyage hence in ballast. Messrs. Hyde, Hodge & Co., having already engaged with the Colonial Land and Emigration Commissioners in London to supply tonnage for the return to India of as many coolies as, judging from the statements of the Immigration Agent-general in the earlier part of the year, I thought it likely would claim a passage this season, I felt myself reluctantly compelled to decline entering into this * This Ordinance will be found at page 576 of House of Commons' Paper, No. 624, of 1st August 1851, " British Guiana." INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 3 this last condition, and concluded, therefore, that the project would fall to the BRITISH ground. GUIANA. Mr. Booker, however, either thinking that as the season was so far advanced for the double voyage contemplated by Messrs. Hyde, Hodge & Co., accident might interfere to prevent the arrival of their vessels in time, or that the number of coolies claiming return passages would, as the immigration agent had supposed, be larger than my estimate, offered so far to modify his terms as to engage to convey the coolies on board his ship, free, of charge, in the event of the vessels sent by Messrs. Hyde, Hodge & Co. falling short of their complement in conse- quence of such diversion of a portion of their passengers. Such an oifer from so responsible a party appeared to me so free from all danger of loss to the finances of the colony, and so desirable in other respects, as affording an early prospect of trying the important experiment of the introduction of Chinese labour into the West Indies, that I no longer hesitated to close with it ; and the " Lord Elgin," the ship tendered for the service, having been approved, and Dr. David Shier, brother and assistant to the Agricultural Chemists, having been engaged as surgeon, I authorised the conclusion of the charter-party, and issued licences for the embarkation of her complement of Madras coolies, and for the subsequent conveyance of Chinese immigrants on her return voyage to this colony. Copies of these documents I have the honour to transmit enclosed, and I trust Enclosures 1, 2, they will be found in due form, and that your Lordship will not consider that I and 3. assumed too great a responsibility in sanctioning an undertaking likely to prove beneficial to the colony at large, though holding out, I am afraid, small prospect of profit to the enterprising individual who has thus ventured to pioneer the way. I will only add at present, that the " Lord Elgin" sailed hence on the * * So in copy. inst. with 146 coolies on board, as more particularly set forth in the accompanying Enclosure 4. abstract from the Immigration Agent-general. I have, &c. (signed) Henry Barkly. Enclosl -ft ^ ^ :^|, ,11- 4s (^ -1, ^ tf; ^ =fW ;^ f « ^ -#- ^ lii ^ * a n 11 f i4 PAI'EKS REiATING TO CHINESE IMMIGRANTS RECENTLY S% /^n.O'tiiey ^^ lay^AjJL/Ocj^^fw J—^ .e^t^ ^^ S^'iA tc.c^,a*tytiy '^^^^c^^^is^k^^'^^/- ^ei'tr^ '.*^««^i««W'«**rf^^t*&«is4^e^^^^lu^ii^yy^^-,^^,a,t^e^ yOTiy ^iyvT^ruoc^^'iy, y.e^a^9t^-^y ^i>it«>;>»z5^i%^ £'cie^i:fii^/: i-di ^ ^ ± S 'It M - # ^ M IT. it Bfc. ^ t # m M z^ m ^ m #. n t ^^ '^ ^^ * ^ ^ ^ fi^ffl. #^ X ir^ ?^ ^ m m ^^ A . ^. T ^ ^^t^ m^ ^"^ n^ ^ ii^|# ^ ^ m ^ ^!r fr ^^. ^ /7 Hi - ^. ^ ^ f M> m. "^ ^.m^i^mnnkj^n m # x # ^p ^^. h n r.^\} i =. Am ^ iih Wi '^ M a.^ M m "t ^ m m mA%^ ji ^ ^ ^ ^ * ^i m ^7 ^^ m X)^ &B^ X ^. # K ^^^1 #. F#. A itt ^J ;t ^ M. a M ^. ^ ^^ ^iJl: - ± ]^ jh # :te m :t ^ M w :^ ff w ^ ^^ M X. #< ^ # i^. g It ii ^ij ^i tj H ^^ ^My^ ^. IP ^^7 ^ ^ :^ ^ #. ^ if , ^ ^ Icj ^ ^ ^ ^i ^ ^. K ^ # ^ ^ ^ «: :t m i m IK u ^ < i^M m ^. ^ % ^ m. m ^. ^ m ^M n^^ ^^^ m ^ m ^ m *^ ^> M ^. 1:^ X ^ fE m %^ -vj^^^m-^^m^i^A^mj w i.r ^ m.m ^h m m # m. m}^ m, m ^ m m m ^.^ ^^» m ^ A ± 'J^m ^ ]h.ff X H^ ^ ^ INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. '7 BRITISH GUIANA. — No. 6.— - 18 9 69 24 See Tsong . - ditto - - - ^f - 19 10 60 32 Yap Soo - - - - ditto . - - 99 - 22 11 126 28 Goh Buing Dysentery 99 - 27 12 107 30 Yop Yong - ditto . - . 99 - 31 13 116 28 An Ong - - - Congestion of lung - Nov. - 2 14 80 22 Tioh Huing Anasarca 99 - 6 15 59 28 Lap Loh- - ditto - - - yy - 6 16 65 22 NgBeh- - ^ Fever, Typhoid jf - 9 17 103 24 Ng Koh - Anasarca J9 - 11 IS 118 19 Lan Yu - - - - ditto - jf - 16 19 105 22 Lim Cheong - - ditto - - - 99 - 17 20 133 31 Kay Soo Anaemia - - - 99 - 17 21 140 18 Ang Tiang Anasarca 9^ - 18 22 22 29 NgYoik - ditto - . - jy - 18 23 83 30 Lan Lai - - ditto - . - - 19 24 93 33 Lee Whan - ditto - yy - 19 25 129 21 Toh Piang - ditto - - - ^^ - 19 26 7 30 Goh Ken - ditto - - - }y - 19 27 104 24 Tan Tingh - ditto ... 99 - 20 28 56 27 ■TanLak- .- - ditto ... 99t - 21 29 a4 18 Tarn Toh i- ditto- - 22 30 143 24 Tan Gieh Congestion of lungs - 99 - 22 31 81 30 Tan Koon , Dysentery 99 - 23 32 115 22 ' Zam Kim Anasarca - 23 33 57 20 ! Pee Seeung - - ditto - - - - 33 34 94 34 ' Lok Luam - ditto . - - " - 24 35 137 24 Soh Twa - ditto - 9> - 24 36 41 21 Tee Heeik - ditto - . - *7 . 24 37 109 32 Ong Rat - - ditto - - - 99 - 26 38 136 28 Ong Tsien - ditto - 99 . 28 39 92 22 Seeung Lee - ditto - 99 yy - 29 40 a5 19 TumTowy - ditto - yy - 29 41 92 30 Yap Pung Loh Kan - ditto - - - - 30 42 144 30 - ditto - - - Dec. - 1 43 113 29 Oo Chuen - ditto ... - 2 44 54 17 Lah Tsui - ditto - - - *' - 2 45 45 28 Tan Twan - ditto - - - w - 2 46 135 28 Lem Chieng - - ditto ... 99 - 3 47 12 28 Ng Tshut - ditto - - - 99' - 5 48 4 20 Lim Kiung - ditto - 99 - 5 49 89 36 How Tih Dysentery - -. 99 - 7 60 68 28 Gwa Pun Anasarca - 7 51 110 21 Tee Leong - ditto - 99 „ - 10 62 15 24 Koh Tshee - ditto - - - 77 - 10 53 86 32 Lim Swa - ditto ... W - 11 54 66 34 Ng Chuen Dysentery if - 11 65 17 23 Soh Pat - - ditto ... - 11 56 75 25 Tan Kian Anasarca if - 12 57 58 88 62 27 . 30 Oh Swanne Ong Swan Fever, complicated - Anasarca i9 » - 16 - 17 59 10 24 Givee Chuen - Fever, complicated - 99 - 18 60 83 25 Goh Tsee Anasarca » - 18 61 111 24 Koh Mooie - ditto ... J> - 21 62 132 26 Tswa Ong - ditto - - . ?> - 21 63 146 21 Gan Loo - ditto - - - 99 • 9R 64 98 27 Lim Pok - ditto ... 9* - 31 INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 23 Nnmber. ' li'umberin List. Age. NAME. DISEASE. Date of Death. 65 66 67 68 60 132 84 73 31 9 22 32 19 21 23 Tan Sing Goh Him Ung Why Tsan Puing - Lan Yam Anasarca - ditto . - ditto ' - _ - Diarrhoea, complicated Anasarca IBSS. Jan. . 1 - 6 - 7 - 14 „ - 16 BRITISH GUIANA. Fever, Typhoid and complicated ... 3 Anaemia •-.-.... 2 Congestion of the lungs ----- 2 Dysentery - - - - . - -11 Dropsy ----.-.-51 69 In the commencement of the voyage the diseases that prevailed arose from derangement of the digestive organs, as indicated by constipation, headache, diarrhoea, &c. The cause of these diseases obviously was, that the immigrants were put on a regular and full diet, to which most of them had been entirely unaccustomed. Itch very speedily made its appearance, and spread over almost the whole of the immi- grants. Ophthalmia also prevailed among a few in the early part of the voyage. The few fatal cases arising from dysentery in the early part of the voyage occurred among those who had been addicted to an immoderate use of opium, and whose constitutions are much impaired before leaving China. The most prevalent diseases, however, were dropsy, dysentery, and ulcerated mouth; these arose from poisonous gases, bad ventilation,* and want of exercise ; but there was comparatively little appearance of these diseases till towards the end of the third month of the voyage. List of Medicines and Medical Comforts. Supply for any number of Emigrants from 50 to 100. The quantities to be increased for any additional number beyond 100, at the rate of half these quantities per 100. lbs. oz. lbs. oz. Acacia gum - . - - - 6 Rhubarb powder - - - - 3 Utensils. Acetate of lead - 3 Spirit of nitrous ether - - 10 Tow, fine - - lbs. li Adhesive plaster . - - 1 4 Sulphuric ether - . . - 6 Syringes, clyster, pewter Alnmen . . - - - 6 Sulphate of zinc ... - 3 pint- - - - No. 1 Antimonial powder - 2 Ditto of copper - - - - 3 Syringes, penis ditto - „ 2 Aromatic spirit of ammODia - 8 Sulphur - - - - 2 - Tourniquet field - - „ * Blistering ointment 1 8 Senna leaves 1 - Measure glass, 1 oz. - „ J. Blue pill . - . . - 4 Tartrate of antimony - - -i Mortars and pestles, Wedg- Carbonate of ammonia - - 3 . Tincture of opium 1 8 wood . - - Ho. 1 Camphor . - . - - 6 Scales and weights, small, box 1 Catechu . . . - Cerate (simple) - - - - 2 1 8 Country Medicines, &c. Phials, sorted - - No. Pill boxes - - papers 6 -i Chloride of lime - - - 4 8 Splints, common, long - I'setof 3 Bolus knife - - No. 1 Calomel - - . - - 6 pairs each. Bed pans - - - „ 2 Castor oil - 4 8 Ditto ditto - short - 1 ditto Candles, wax - - ,, 6 Compound tincture of camphor - 8 Lint . - - - oz. 6 Lanterns, small, or hand Dover's ponder . - . - 4 Leather skins, white - No. 2 lamp ... No. 1 EpsonMalts - - - - Extract of colocynth 2 - Cloth for bandages and plas- Saucepan - - - „ 2 - 3 ters . - . yards 10 Ginger powder . - - I-pecacuan ditto . - - - 6 Cumblies for fomentation. No. 3 Medical Comforts. - 4 Cocoa nut oil for external ap- An-ow root - - lbs. 25 - 3 plication - - -bottles 2 Brandy - - bottles 12 Nitrate of silver . - - - -i Rum for external application „ 20 Sago - - - lbs. 25 Opium .... - 3 Soap for ditto - - lbs. 5 Spice - - box 4 oz. Oil of peppermint . - - - -i Rice flour for poultices - „ 30 Sugar ... lbs. 100 Peruvian balsam - - - - 6 Mustard, powdered -bottles 2 Lime juice - - - pints 100 Quinine .... - -i Salt, common - - lbs. 2 Vinegar . - - gal. 3 Red precipitate ... - 1 Leeches - - . No. 100 Marine soap - half cwt. The foragoing list of medicines and medical comforts was supplied to me by the Immigra- tion Agent-general of Demerara before starting on the voyage to Madras with return Coolies ; q86. e4 but 24 PAPERS RELATING TO CHINESE IMMIGRAISTS RECENTLY additions : — 2 lb. Acid, Acetic. ^ oz. Bichd. Mercy. i oz. „ Arsenious. 2 lb. Bitart. Potash. 6 oz. „ Hydrocyanic. 3 lb. Carbonate of Soda. 8 oz. „ Muriatic. 2 oz. Chloride of Zinc. lib. „ Nitric. 2 oz. Chloroform, lib. „ Nitrous. 1 lb. Tr. Colch. Seeds. ilb. „ Sulphuric. 2 oz. Collodion. 2 lb. „ Tartaric. 6 oz. Creta preparat. 2 Quart Bottles Alcohol. 1 Phial Croton Oil. 6 oz. Aloes. |ij Hydr. C. Creta. 1 lb. Aqua Ammonia. 4 oz. lod. Potash. 3 oz. Assafostida. 1 oz. Iodine. 2 lb. Piper Cubebse. 1 oz. Oil of Cloves. 2 Quart Bottles Balsam Copaiba. 2 lb. W. Hellebore. BRITISH but as I judged it exceedingly inadequate and defective, I submitted it to the Colonfal GUIANA. Surgeon-general, who agreed with me in opinion, and we accordingly obtained the following 1 oz. Kreosote. 3ij Elaterium. 2 Bladders of Lard. 2 lb. Magnesia. 1 lb. Mur. Ammonia. 3ij „ Morphia. 1 lb. Nitrate Potash. 2 lb. Quassia. 1 oz. Scammony. 6 lb. Starch. 4 oz. Sulph. Iron. 2 Quart Bottles of Turpentine. 6 oz. Citrine Ointment. 1 pint Aqua Potassa. Before we arrived at the Cape of Good Hope on the outward voyage, it was found that some of the medicines had become exhausted, and the deficiencies were there supplied, and this supply proved adequate to the requirements of the outward voyage ; but for the home- ward voyage with Chinese, it was found impossible to obtain several important articles of the materia medica, although eventually, as will be seen, these defects were supplied. At Amoy a supply oiF medical stores and comforts was laid in; sago of fine quality was- procured, and during the homeward voyage was freely supplied to the sick twice a day ; one; dozen bottles of brandy, six dozen of beer, were also taken as stores. On calling at Singapore a further supply of medicines and stores was procured, such as jalap, ginger, camphor, kino, iodide of potash, calomel, lard, &c., but some of these were found to be of bad quality. At Anjar further supplies were obtained from the shipping, such as blistering fluid, sweet spirits of nitre, nitre, &c. ; and at the Cape of Good Hope, when our previous supply of medicines had become exhausted, especially such as were required in the treatment of dropsy, one gallon tincture of digitalis, one gallon sweet spirits of nitre, sulphuric ether, laudanum, jalap, ginger, nitre, acetate of potash, cream of tartar, calomel, two hundredweight chloride of lime, &c. were obtained. It is true that the medicines contained in the foregoing official list might suffice for the exigencies of a voyage during which no endemic or serious disease occurred among the crew or immigrants, but it is clearly altogether inadequate to the necessities of such a case as occurred on board the Lord Elgin. Not merely are the quantities of the medicines insufficient,, but many most essential articles of the materia medica are altogether wanting. Reply to Question No. 2. The long-boat was set apart at Amoy as, a hospital ; it was floored and roofed over, and had curtains at each side, which could be raised at pleasure. The long-boat could accommodate 14 patients, besides the keeper and his assistant. It was but a poor substitute for an hospital, for the access to it was at the height of eight feet above the deck; and the change of position caused by the tacking of the ship, a thing of incessant occurrence during the first three months of the voyage, was very injurious to the enfeebled sick. Reply to Question No. 3. A supply of water was laid in at Singapore on our outward voyage, in case any difficulty might arise at Amoy in finding a sufficient supply. On the voyage from Singapore to Amoy dysentery appeared among the officers and crew on board, and as the water had a most offensive smell and taste, I ordered the whole of it to be rejected on our arrival at Amoy, and after cleansing the casks, which were very indiff'event, had them filled with Amoy water. The water at Amoy is very impure, containing a large quantity of vegetable matter and fine clay ; but as we followed the custom which prevails universally in China, of boiling all the water used for drinking and culinary purposes, and as it was water similar to what the immigrants had been accustomed to use, I anticipated no bad results. At Singapore all the empty water casks were filled up, I believe, to the amount of 25 tons. The water supplied to the shipping at this place is very impure, containing a large quan- tity of vegetable matter in a state of decomposition. Knowing the quality of the water, I resolved INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 25 resolved to use every means in my power to prevent bad consequences. I sent on shore for B B ITI S H quicklime but none could be procured; and I therefore used alum, a certain quantity of GUIANA which was added in solution to each cask. A small quantity of water of good quality was taken in at Anjar. At the Cape of Good Hope a further supply of water was taken in; the water there is from a mountain torrent, and is very pure. I may here add that it is my opinion that change of water during voyasre is to be avoided as much as possible, even although the water at first may not hava been of the very best quality. (signed) David Shier, m.d. Pin. Kitty, 3 February 1853. --No. 7.— (No. 2 1.) Copy of a DESPATCH from Governor Barkly to His Grace the Duke of No. 7. Newcastle. Governor Barkly to the Duke of New- Government House, 11 February 1853. castle. (Received, 22 March 1853.) U February 1853. My Lord Duke, (Answered, No. 48, 14 May 1863, page 115.) I HAVE the honour to submit for your Grace's consideration two Ordinances passed by the Court of Policy, intituled respectively — (No. 2 of 1853.) — "An Ordinance for regulating the rights, duties and This o,j- relations of employers and servants in the colony of British Guiana." win befg"^''<'e (No. 3 of 1863.) — "An Ordinance to repeal certain Ordinances now in ^PPeadix"^'^ ''^ the force for the regulation and encouragement of immigration into this colony, ^'^^ent Pg" *^'« and to make other provisions in lieu thereof," '^^^^^-.^^ '^ together with usual Reports from the Attorney-General, Mr. Craig, upon their p. 'i^/^PP^i^ provisions regarded in a legal point of view. ' ^~-~~~J- 2. It might seem at first sight that as no less than four Ordinances on the subject of immigrants,— framed in the autumn of 1850, after the model of the Mauritius laws sent for the purpose, and altered in the autumn of 1851, to meet the objections of Earl Grey and the East India Company, — ^had come into actual operation so recently as the 17th February 1852, it would have been more prudent to await further e.\perience of their operation before again proceeding to legislate on the subject ; but your Grace is doubiless aware that Sir John Pakington, soon after he succeeded to the Colonial Department, promised the West India body publicly that he would revise the laws affecting the relations between employer and labourer, and as those in force in this colony had never met the cordial assent of the Legislature, and were, it must be candidly admitted, owing to the complexity of their details and the variety of the regulations they prescribed for different classes of immigrants, little calculated to give satisfaction either to the magistracy, the proprietors of estates, or the immigrants themselves, I felt it my duty not to oppose a motion for a select committee, made by an elec- tive member in the month of August last. 3. That committee, after a lengthened investigation, in which they were assisted by replies from the stipendiary magistrates to a circular which I was requested to issue, calling on those gentlemen for any observations they might wish to make in regard to the working of the laws, sent in their report, of which I have the honour to enclose a copy, recommending that those parts of the four Ordinances regulating the Immigration Office, and the mode of introducing and indenturing immigrants, should be consolidated into one ; and that all matters connected with the relations between such immigrants and their employers should henceforth be governed by the provisions of Ordinance No. 2* of 1848, commonly called " The Master and Servant's Ordinance." 4. Two Bills were accordingly introduced, and after frequent discussions, in the course of which they underwent innumerable alterations, have been matured, with the unanimous concurrence of the Court, into the Ordinances now transmitted for approval and confirmation. 5. "With regard to the first of these, I need add little to what the Attorney- general has said. It differs little from its predecessor. No. 2* of 1848, which the stipendiary magistrates, one and all, reported, after nearly five years' experience, to have worked well and satisfactorily to all concerned ; and being myself respon- sible * This Ordinance will be found printed at page 489 of Papers relative to the West Indies, House of Lords' Paper, No. 5250, August 1848. g86. F 26 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH sible for the principal amendments made, I have every confidence that I can show G U I A N A. them to be deserving of that name. 6. The grounds on which I urged that jurisdiction should be given, in cases involving less than 24 dollars (5 I) penalty, to one justice of the peace, instead of to two, as proposed by the Committee, were, firstly, that it would have fettered the independence and detracted from the utility of the stipendiary magistracy, on whom the entire magisterial supervision of immigrant labourers has hitherto devolved, and by whom nineteen-twentieths of all the other magisterial business of the country is transacted, had it been rendered imperative for them to associate with themselves another justice in all cases arising between employer and servant, whilst to have urged an exception in their favour would have been both invidious and useless ; secondly, because as the law has stood since the adaptation of the 11 & 12 Vict. c. 43, to our Statute Book, no appeal lies from the decision of two justices where the amount is under that referred to, whereas the right of appeal to the next session of the Inferior Criminal Court, now presided over by one of the puisne judges, is given in till cases whatsoever decided before a single justice. 7. I am confident that the alteration in question will give much greater facilities for thedue enforcement of the " Master and Servant's Ordinance," for though, since the passing of Ordinance 30 of 1850,* some few magistrates, considering that it repealed all pre-existing enactments of a contrary tenor, have adjudicated singly, t See page 32. others, as will be seen from Mr.Strutt's Report,! took an opposite view ; and so much inconvenience and loss of time was thereby frequently occasioned from the difficulty of finding a second magistrate, that it operated as a denial of justice in the remoter districts, and especially up the rivers and creeks, where gentlemen fit to hold the commission of the peace are rarely to be found, and where, consequently, the superintendents, going their periodical rounds have often been unable to enter- tain complaints against woodcutters as to wages. 8. The second alteration of any consequence is in section 16, which is not contained in the old Ordinance. The system of occupancy recognised in the preceding section, by which the totally distinct questions of rent and wages are confounded, has always appeared to my mind one of the most fatal errors com- mitted by the planters after emancipation, and as having caused a larger number of labourers to quit their habitations on the estates than would have dreamt of going if house rent had at once been established upon a fair and independent basis ; but as the planters were not alone to blame for the introduction of so bad a system ; as it still prevails more or less in most of the West India colonies, and is, no doubt, occasionally of service in the few districts of this colony where it still prevails, in securing industry, I did not feel justified in pressing for an alteration, or in opposing the fixing a maximum rent of 16 cents a day where no sum was stipulated on entry, in lieu of leaving the amount, as heretofore, an open question, to be decided by two justices. 9. Seeing, however, how many unfortunate disputes on the subject came bef6re me, and how generally suspicion fell in the case of those incendiarj'^ fires M'hich still occasionally occur in the megass logies (barns for fuel) upon some labourer, recently ejected in a summary manner from his cottage, owing to a quarrel with the manager of the estate, I felt it to be of the utmost importance, for the welfare of society, to interpose in every instance such a delay as would give the latter time to recover his temper, often, it must be confessed, tried beyond all bounds of endurance, and afford the former a speedy and simple remedy against undue pre- cipitancy or illegal stretches of authority in the mode of his ejectment, should it be irrevocably determined on. 10. It must not be inferred that the law as it stood heretofore offered no redress ; for though the case has never been tried, I entertain no doubt, that unless the impUed contract between the labourer and employer had lapsed on due notice, or been cancelled on account of misconduct by a magistrate, the labourer could not have been lawfully dispossessed of his tenancy without the notice required to be given by Ordinance No. 31 of 1846, " for facilitating the recovery of possession of tenements after due determination of the tenancy ;" but in practice, nevertheless, the right to bring a civil action against the party ejecting him, generally the head- man of the estate, acting on a verbal order from the manager to break open the door, and throw out the property on the dam (anglic^ "roadside"), was equivalent to a denial of justice to an ignorant man, destitute of the means of retaining counsel, and lead, there is too much reason to fear, to the mode of revenge above alluded _^___^__ to, * See page 593 of House of Commons' Paper relative to " British Guiana," No. 624, of 1 AiigastiSsi . INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 27 to, which generally had the anticipated result of depriving the manager of his BRITISH situation. GUIANA. 11. I congratulate myself and the colony, therefore, on having obtained the consent of the Court of Policy to section 16, which requires an interval of three days to elapse, after a formal application to a justice of the peace, before a warrant of ejectment can be obtained, and gives the labourer the easy remedy of com plaining to the justice of any breach of these regulations, which can be enforced by a penalty of 24 dollars upon the manager. 12. Turning next to Ordinance No. 3, I am afraid that I must enter at some length upon a review of the sections which relate to immigrants introduced into the colony from Her Majesty's possessions In the East Indies, as they vary ma- terially from the provisions of the previous Ordinance specially enacted on the subject, No. 21 of 1851*, " An Ordinance further to regulate and encourage the * Page 164. immigration of coolies." 13. The very fact, indeed, of subjecting coolies to the ordinary law of master and servant, as already explained, constituted an important departure from the previous system. Whether the Honourable East India Company will object to such a measure, I know not, but I would beg most respectfully to submit this general argument in its favour, without reference at all to the obvious advantages of simplicity and uniformity in such matters ; viz., that nothing can be more cal- culated to shake the confidence of the lower orders of this country in the equal administration of justice to all persons^ irrespective of rank or complexion, than the infliction of one degree of punishment for the same offence committed by a coolie, another when by a Portuguese, a third if committed by a native of the colony ; and yet this strange spectacle has been exhibited for some years past. Thus, for example, Ordinance 21 of 1851*, section 24, altered on the suggestion * Page 167. of the East India Company, subjects a coolie to a fine of 2d. a day for breach of contract ; no mode whatever of recovering even this trifling sum where no wages are due being provided. Ordinance 20* of 1851, section 28, imposes on * Page 158. all other immigrants than coolies for a similar default, a penalty equal to two days' wages (say 2s. 8d. at the least), and enjoins imprisonment for two days, with hard labour, if such penalty be not paid. Lastly, Ordinance 2 of 1848, section 2, leaves it to the discretion of the justices, where Creole labourers are concerned, to fine to any extent not exceeding 5 /., or to imprison for any time not exceeding 30 days. Such seeming partiality towards their competitors in the labour market, aggravated, as it appears to them to be, by the payment of a bonus of 50 dollars to the coolies at the end of their term of service, has been frequently and loudly inveighed against by the emancipated negroes, and it is more than probable that it has had not a little to do with their extensive secession from plantation work. 14. As the coolies are quite as intelligent in regard to their rights and duties as the negroes,, as they are equally protected from injustice by the stipendiary magistracy, and are able to earn very large sums of money by moderate industry, as proved by their ovra declarations on their return to India, I trust your Grace will see no reasons why they should not in future be rendered liable to the same legal obligations as have for years past, with Her Majesty's sanction, been imposed upon other British subjects resident in this colony. 15. Ordinance 3 of 1853 proceeds further to abolish, agreeably to the recom- mendation of the committee of the Court of Policy, the monthly sums payable under 21 of 1851, by any coolie not under indentures, requiring however in return a practical proof of his having fulfilled the condition of industrial residence upon which his claim to a free passage back to India depends, by payment of the annual sum exigible by law for house rent and medical attendance from aU immigrants working at the current rate of wages, ' towards the fund for providing back passages. 16. I do not imagine that the directors of the East India Company will object to this modification, as they have always strongly opposed the imposition of these monthly sums, and though they urged Earl Grey to disallow Ordinance 24 of 1850, by which the Court of Policy endeavoured to throw a portion of the cost of his back passage upon the coolie," they did not, as his Lordship observed upon the occasion, do so upon the ground that the principle was an unfair one, but sijnply because the deduction proposed, viz. six dollars per annum, amounted, with the deduction of nine dollars for house rent and medical attendance, to 15 dollars, which appeared to them a larger sum than the immigrant ought to be 086. ^2 called G U I A N A. 28 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY i^u i^^v ^ called on to pay, if he were to be expected to carrj back any portion of his earn- ings to India. 1 7. As the total contribution now suggested consists of the nine dollars a year which the employer is now authorised to exact ; as it is to be payable by the coolie solely in the event of his deciding on returning to India, and at his option either monthly or in a lump sum ; as the arrangement, moreover, with regard to those already in the colony, is to take effect prospectively, that is to say, that the coolie who has been here three years will receive his back passage on paying nine dollars in each of the two remaining years of his engagement, escaping the necessity of proving industrial residence for the time of his residence ; I hardly think a more equitable plan could have been devised. 18. I did indeed suggest to the gentleman by whom this section was intro- duced, that a compulsory deduction from the wages of all coolies, for which the employer could beheld responsible, would be preferable to his plan, as less trouble- some to collect, and more nearly in accordance with the course suggested by Earl Grey in the despatch already alluded to ; but he adduced such strong arguments to prove that the attempt to make the employer of labour, in the present state of this country, a collector of taxes for the State was impolitic, as creating a feeling of fresh antagonism on the part of the labourer, and as tending to promote wandering and idleness, with a view of evasion, that I yielded to the unanimous opinion of the elective section. 19. It is necessary to add that section 53 provides that section 30, by which this new arrangement, in regard to back passages is to be made, shall not take effect before the 30th June next, so that there will be sufficient time for your Grace to communicate your decision on the subject. 20. Section 31, it will be seen, contemplates the extension, with the per- mission of Her Majesty's Government, of the term for which the natives of India are, now allowed to engage themselves in this colony from five years to ten ; a result ardently hoped for by the colonists, from the confidence they entertain in the highly favourable nature of the report to be sent in by Mr. Caird. As it is understood that the directors have at length agreed to allow their subjects the privilege of emigrating to the Mauritius without any stipulation whatever for a back passage, I trust that this less sweeping alteration of allowing them to come here for ten, or at any rate eight years, will not be denied us. 21. Section 32 provides that in such case the sum to be contributed towards the back passage shall not exceed in the whole 45 dollars, or at the rate of 4^ dollars per annum for 10 years, a sum, there is no doubt, much more likely to be contributed by the generality of coolies than nine dollars, which would form a very considerable proportion of the wages which many of them are now content to earn, and on that account has indeed been irregularly, if at all, deducted by their employers, for house rent and medical attendance. 22. Sections 33 and 34 were introduced to remove doubts which had arisen as to whether parties employing such coolies as had accepted the bonus of fifty dollars for entering upon a renewed term of industrial residence, were bound to pay contract duty and to keep up proper hospitals, precisely as if those coolies had been new immigrants introduced at the expense of the colony. Equity of course required that it should be so, but in several instances the letter of the law was pleaded, and coolies were actually urged not to enter, as they were disposed to do, into written contracts with their old employers, but to go to the estates of parties who were anxious to get them unindentured, for the purpose of evading the requirements of the Ordinances. 23. I have now completed my explanations of that part of Ordinance No. 3 of 1853 which relates to coolies, and as they have necessarily been of a lengthened description, I am unwilling to prolong this despatch by adverting to changes of less moment in regard to other classes of immigrants, but it is my duty not to omit pointing out that section 40 extends the contract permitted with liberated Africans to three years, as sanctioned in Sir John Pakington's circular* of 3d (October ; and I may add that I have succeeded, in section 41, in obtaining better security for the religious instruction and education of such immigrants than has hitherto existed, and I think that with the inducements held out by the Colonial Board of Education to schoolmasters willing to co-operate to this end, there is little risk of these essentials being neglected in future, even where proprietors of estates or their representatives are of themselves unmindful of their obligations, which I am bound to say is not often the case. 24. The * See page 231 of House of Commons' Paper, No. 936, 16 August 1853,^' Trinidad." INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 29 24. The remaining provisions of the Ordinance are traceable, with such addi- BRITISH lions or variations as experience has suggested, to some one or other of those GUIANA. ■which have preceded it, the general machinery for conducting immigration remaining, so far as I remember, entirely unaltered. I have, &c. (signed) Henry Barkly. Enclosure 1, in No. 7- Sir, Attorney General's Office, 9 February 1853. End. i, in No. 7. I HAVE tlie honour to report upon Ordinance No. 2, of the year 1853, intituled, " An Ordinance for regulating the rights, duties, and relations of employer and servants in the Colony of British Guiana." This Ordinance has been framed in acccndance with the views of a committee of the elec- tive section of the Court of Policy, and only differs from the old law upon this subject in the following particulars. This Ordinance is made to apply to all classes of immigrants ; jurisdiction is given to one justice of the peace instead of two, except in cases where the amount of penalty requires a second magistrate ; and all complaints between " employers and servants" are to be heard and determined in conformity with the rules laid down in Ordinance No. 30, of the year 1850, the provisions of which have been taken from the 11 &; 12 Vict. c. 43, and a right of appeal to a superior tribunal is also given, which will remove the objections which were formerly made to the authority of a single magistrate. I have, &c. (signed) Robert R. Craig, To His Excellency the Governor. Attorney General. Enclosure 2, in No. 7- Sir, Attorney General's Office, 9 February 1853. Encl. 2 in No. 7. I have the honour to report upon Ordinance No. 3 of 1853, intituled, " An Ordinance to repeal certain Ordinances, now in force, for the regulation and encouragement of immigration into this Colony, and to make other provisions in lieu thereof." The object of this law, as expressed in the preamble, is to consolidate into one Ordinance the provisions of the several Ordinances in force for the regulation and encouragement of immigration into British Guiana, and for providing general regulations for immigrants intro- of the counties of Demerary and Essequebo, in the colony of British Guiana, personally appeared Colin .Simson, an inhabitant of the county of Demerary aforesaid, in his quality as consignee and agent in this colony of Richard Davis and Thomas Boddington, the younger, both of the city of London, trading under the style and firm of Boddington & Company, owners of the British ship called the " Samuel Boddington," now at anchor in the port of Georgetown, in the colony aforesaid, which appearer stated and declared that the said ship or vessel arrived at this port on or about the fourth day of the present month of March, having sailed from Amoy, in China, on or about the 26th day of November 1852, with, as was then supposed, 352 adult immigrants on board, in addition to the master, surgeon, and crew, to the number of 30, making the total estimated number of 382 persons. And the appearer further stated that the registered tonnage said ship or vessel being €69f tons, the owners of the said ship or vessel had become liable, under the 12th section of the Act of Parliament of tlie 15th and 16th Vict., c. 44, to a minimum penalty of 2/. sterling each person for an excess of persons or passengers over the number proportionate to the tonnage of the said ship or vessel, as prescribed and lim.ited by the said 12th section of the aforesaid Act of Parliament. That he, the appearer, as agent aforesaid, had therefore admitted and acknowledged to , the Government of this colony an excess of persons or passengers over the number pro- portionate to the tonnage of said ship or vessel to the number of 40 persons or passengers, and had also admitted and acknowledged a liability and responsibility on the part of the said ship or vessel,' and of the said Richard Davis and Thomas Boddington, the younger, as owners thereof, for the minimum sum of 80/. sterling for the aforesaid excess and breach of said Act of Parliament. And the appearer further stated that it had been agreed on the part of the Government of this colony, that no proceedings should be taken against the said ship or vessel, or the master thereof, under the aforesaid Act of Parliament, for the recovery of said sum of €0^. sterling, provided he, the appearer, entered into this present bond of security. Wherefore, the appearer, the said Colin Simson, as agent and consignee, as aforesaid, of the said Richard Davis and Thomas Boddington, the younger, by these presents, in the name and on behalf of the said Richard Davis and Thouias Boddington, the younger, and of each of them, and of their, and each of their heirs, executors, and representatives, de- clared to renounce from the exception of non nvmeratcp. pecunitE, or no sufficient value received, and from all other plens and exceptions known in law, or otherwise, which, if availed of, might lessen, or tend to lessen, the true intent and meaning, force, and effect of these presents, and under such renunciation, the appearer, by these presents, declared to bind and oblige the said Richard Davis and Thomas Boddington, the younger, and each of them, and their, and each of their heirs, executors, and representatives to and in favour of the colony of British Guiana, that they, the said Richard Davis and Thomas Boddington, the younger, and each of them, and tlieir and each of their aforesaids, shall well and truly pay, or cause to be paid, unto the order, and upon the requisition and demand of Her Ma- jesty's Land and Emigration Commissioners, at tlieir office in London, and at such time as such requisition and demand shall be made upon them, the said Kichard Davis and Thomas Boddington, the younger, the sura of 80/. sterling money of Great Britain, being the minimum penalty of 2/. steiling for each person constituting the excess of persons over the number proportioned to the tonnage of the said ship or vessel hereinbefore men- tioned and acknowledged by him, the appearer. And INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 49 And for the due and faithful performance and fulfilment of the conditions and stipulations BRITISH of tliis bond, the appearer, the said Colin Simson, declared to bind and oblige the persons GUIANA. and properties of the said Hichard Davis and Thomas Boddington, the younger, and of each of them, firmly by these presents. In witness whereof the appearer hath hereunto set his hand, and I, the said sworn clerk and notary public have also subscribed my name at the city of Georgetown, county and colony aforesaid, this 12th day of March 1853, in presence of the subscribing witnesses. The original, of which this is a true copy, is duly signed. Quod Attestor. (Seal.) (signed) James S. Hitzfer, Fee to be charged to the Colony, Notary Public. W. Walker, Secretary. G. G. Lowenfeld, Colonial Receiver-General. 18 March. Not. Dept,, Sched. B., No. 26,242. W.H. Fee for grosse, $2. 50. Received, G. G. Lowenfeld, Colonial Receiver-General. Enclosure 6, in No. 11. Sir, Georgetown, -5 February 1853. End. 6, in No. n, I HAVE to acknowledge receipt of your communication of this date respecting the Chinese immigrants per " Samuel Boddington," and in conformity with his Excellency's suggestion, beg to name Mr. John Ross, of Wakenaam, to act on behalf of Messrs. Hyde, Hodge & Co., associated with such planter as his Excellency or the Immigration Agent- general may nominate, to inspect and report upon the fitness of these people for agricultural purposes. I have, &c. To the Hon. William Walker, (signed) Peter Rose. Government Secretary. For A. Duff. Sir, Georgetown, 5 March 1853. By desire of his Excellency the Governor we proceeded on board the barque " Samuel Boddington," from Amoy,with Chinese immigrants. We had them mustered on deck, and inspected them, and from their general appearance we are of opinion that they are well adapted for agricultural purposes. (signed) We have, &c. To the Hon. Wm. Walker, Jno. JRoss, &c. &c. &c. Rd. Henderson. Enclosure 7, in No. 11. Deraerara, 9 March 1853. End. 7, in No. n. Having been frequently applied to since my arrival by planters and others interested in Chinese immigration, for information regarding the practicability of obtaining Chinese females for importation, and the character of such females, I have thought it better to address to you a reply, and also to add my conviction that, without their own females, the Chinese, as has been found in India, will never make steady or tractable settlers. I have for some time had an intimate intercourse with the Chinese at the several sea- ports with which our mercantile house in Bombay have had commercial connexions, and having spent several months in the country for the express purpose of familiarising myself ■with the peculiarities of the people and their local manners and customs, I am perhaps as well prepared to give you a correct opinion in regard to the matter mentioned as any one else at hand. A few years since it would have been almost impossible to have cariied a Chinese female out of the country, owing to the strict prohibitory laws of the empire, and the national iealousy of the natives ; but that jealousy is now diminishing in the seaport towns, and the laws are not enforced when the embarkation is not too publicly conducted. Within the past two years two or three hundred women have thus left China for the different places to which men had already emigrated. I may mention Batavia, Bali, Lomboc, Penans, Singapore, and San Francisco. At present their emigration cannot be conducted through resident agents or Chmese brokers, because no one would thus render himself liable to a penalty which might be enforced by a mandarin. I am well assured that a number of girls and young women, say six hundred, can be voluntarily engaged at once from either of the Chinese ports of Fou Tchan, Chin Chew, Amoy, Namo, or Whampoa, to proceed to the West Indies to join the emigrants already here. It will however requiie a person well versed in the peculiarities of the people, to proceed in the vessel which is to convey them, to have absolute charge of said vessel, that he may conduct his arrangements successfully and satisfactorily. 986. I ^^^ 50 PAPERS RELATING TO CHINESE IMiMIGRANTS RECENTLY BRITISH The coast line of China is so densely inhabited, that infanticide has been universally Gr U I A N A. resorted to for the purpose of preventing^ a superabundant population. Emigration, how- —— ever, will soon render this practice obsolete. The Chinese women of the lower clas.ses bein^ but little better than slaves at home, are not averse to emigrating, where the vigilance of the mandarins may be avoided, especially to places under the English government. The classes of women who would emigrate are those accustomed to manual labour, such as gardeners and boatwomen (the most numerous), washwomen, fishermen's daughters, and the various artisans of the country,— as taiioresses, pastry-cooks, embroiderers, and those engaged in menial occupations in the houses of wealthy natives. All these have full-grown and undeformed feet, are strong and well formed, and would be very useful on a plantation, independently of rendering the male labourers steady and permanent settlers. The advantages that would arise from the importation of Chinese females into this colony would, independently of labour they might perform, amply repay the expense in obtaining them. Better classes of Chinese would emigrate, and those already here would form matrimonial connexions at once; thus becoming, at the expiration of their term of servitude, steady and industrious settlers. Without some arrangement of this kind is adopted, I fear that constant disturbances will arise between the Chinese and the people of other countries already here; because an universal hatred seems to exist between them and the black people of India and Africa also, that upon the expiration of the period of their servitude they will become, as in their own country, lawless and violent vagabonds. Enclosed is a circular of our house in Bombay, which in the absence of a card I send you. At all times until my departure for the United States, which will now be soon, I shall be most happy to give you any information in my power regarding the subject of this com- munication ; and shouild it be determined to import Chinese females into this colony, I will undertake, in the name of our firm (Edward Ely & Co.), upon suitable conditions, to accom- plish it satisfactorily. I am, &c. To his Excellraicy Henry Barkly, Esq. (signed) Edward Ely. Governor of British Guiana. Enclosure 8, in No. 1 1 . Demerara, 21 March 1853. End. 8, in No. 1 1. I hereby offer and agree, for and in the name of the mercantile house of " Edward Ely & Co.," in Bombay, to regularly place at the disposal of the honourable the Land and Emigration Commissioners, or their agents, in any of the ports of China, as many first class (at Lloyd's), well ventilated and fast-sailing ships of not less than 800 tons registered tonnage, comfortably fitted up for passengers, and provided with a competent English sur- geon, as will be required by the emigration agents, to embark all the Chinese emigrants destined for the British West Indies, during a period of six years, or less, from this date, without detention, disappointment or difficulty. I will further agree as above, that each ship thus destined for the West India voyage shall be well supplied and found in the following particulars, before such time as she may be required to embark ker emigrants, viz. — Between the 20th day of March and the 1st day of November. Five months' water, at the rate of one gallon per diem, for every adult carried by the ship< 1000 bags sound rice. 450 baskets sound salt fish. 800 casks salt beef or pork. 1 50 tubs hard bread. 60 „ brown sugar. 10 „ sago. 2 „ sulphur. 12 chests black tea. 6 „ tobacco. 2 peculs black pepper. 12 „ Chinese garlic Between the 1st day of November and 20th day of March. Four months' water at the beforementioned rate. All other provisions and necessary articles, same quantity as beforementioned. I further agree, that the emigrant passengers shall* be carried as speedily as possible, after their embarkation, to the port of their destination, touching at no place on the voyage, unless from some accident it be necesBary for the health, comfort or safety of those on board, and that the arrival of the ship shall be immediately reported to the proper authorities at that port. The 5 cwt. salt-water soap. 50 tons fire wood. 100 mess kids and plates, &.c. 1000 plates,, basins, trays and scoops. 1000 sleeping mats and pillows. 1000 packs playing cards. Musical instruments, gongS', &c. Cooking, utensils, combs, razors. An ample stock of suitable medicines and medical comforts, instruments and utensils. Wine, brandy, opium, &c. As great a quantity of fresh provisions as will keep till consumed, &c. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 51 The consideration asked for the full performance of the stipulations of this offer, is 20Z. (twenty pounds sterling money) per caput, for each emigrant of the age of 14 years and up- wards, landed alive; the same to be payable to an authorised agent of our firm, within 30 days after the landing of the emigrants. Thirty days shall be allowed to expire as lay-days, after the stated time the ship arrives at her port in China, as per order of the emigration agent, prepared in all respects to receive her passengers and proceed to sea ; after which time, a demurrage of sixpence (6d.) per registered ton per diem shall be paid for every day of detention. Ten days shall be allowed as lay-days in the West Indies, after the notified arrival of the ship, for the disembarkation of the passengers, after which a demurrage of sixpence (6 d.) per registered ton per diem shall be paid for every day the emigrants are continued on board. Address " Edward Ely & Co.," Bombay. I am, &c. (signed) Edward Ely, To S. Walcott, Esq., Secretary, for Edward Ely & Co., Bombay. Land and Emigration Commissioners. BRITISH GUIANA. Georgetown, Demerara, 21 March 186.3. Being quite uncertain by whom, and in what manner shipping will hereafter be employed for the conveyance of emigrants from China to the West Indies, I hereby, according to your Excellency's kind permission, entrust to your care a tender to the honourable the Land and Emigration Commissioners, that in case a regular contract with them be required, I shall have at least the opportunity of a fair competition with other parties. Should my proposition meet with the approval of the honourable Commissioners, and be accepted, I shall by that time have arrived in London, where all the necessary arrangements can be concluded ; but should the matter have been left entirely in the hands of the emigration agent in China, I shall nevertheless immediately proceed to dispatch a fine class of ships regularly from Bombay to China, and as almost all our mercantile relations are at present with that country, I shall myself supei'intend in person the fitting out, ample finding and good despatch of all our vessels there. That your Excellency may be acquainted with my address, in case of a wish to commu- nicate, J will say that letters will reach me at " New Hope, Bucks County, Pennsylvania," until 1st of June next; in " London," to the care of" Hon. Abbot Lawrence, American Minister, &c." till 25th July, and afterwards to our address, Bombay. Retaining a deep sense of the kindness Mid courtesy I have experienced at your Excel- lency's hands during my short stay in this colony, I shall still beg the indulgence of remaining Your Excellency's most humble and obliged servant. To His Excellency Henry Barkly, Esq., (signed) Edward Ely. Governor of British Guiana, &c. Enclosure 9, in No. 11. Immigration Agent-General's OflSce, Georgetown, Sir, 18 March 1853. In addition to my report of the 6th instant, I have the honour to state, that upon inspec- tion, I find the forecastle of the ship had been taken into consideration, and that 60 Chinese were actually berthed in that part of the ship, measuring 26 by 34 ; the crew having been taken into the cuddy. I submit also copy of the clearing certificate given at Amoy, and signed by Messrs. Tait & Co. ; this form was taken from a local ordinance, which Captain Hurst had taken from this colony in 1848, when he brought coolies here, and which I believe at that time allowed three adults to every five tons. I have, &c. The Hon. W. Walker, (signed) W. Humphry s, I.A.G. Gov. Sec. End. 9, in No. 11. Cleabing Certificate for Emigrants at Amoy. Nil ME or Shif. Samuel Boddingtod Name of Master. J. W. Hnrst Tons per Itegister. 669 Total Number of Statute Adults, exclusive of Master, Crew, and Cabin Passeogera, the Ship can legally cany. 986. 335 I2 Aggregate Number of Superficial Feet in the several com- parts for Passengers. 4)1 52 Amoy Sailing from Intending to touch at Bound to Demerara. We, 52 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH We, the undersigned, do hereby certify that the foregoing appear to be the burthen Cr U I A N A. and dimensions of the above-named vessel, and that having regard as well to space as to tonnage, the greatest number of passengers she can carry by the Passenger Act, 1849, is 386 ; and we further certify, that lo the best of our knowledge and belief she is in all respects seaworthy, and that the provisions, water, and stores actually laden on board, have been duly surveyed by us, and are sufficient in quantity, as well for the number of passengers now about to proceed in her, as for the crew ; and that the same are of proper quality, and in good and sweet condition ; and lastly, that all the directions contained in the Immigra- tion Ordinance of British Guiana, and also in the Passenger Act, 1849, so far as such Act applies to said vessel, for securing the health and safety of the passengers, have been duly complied with, so far as circumstances permit. Dated at Amoy, this 24th day of November 1852. (signed) Tait S; Co. * — No. 12.— No. 12. (No. 54-) Governor Barkly CoPY of a DESPATCH from Governor Barldy to His Grace the Duke of Newcastle. to the Duke of Newcastle. Government House, 7 April 1853. T April 1853. j^j-y Lqj,^ Duke, (Received, 4 May 1853.) I HAVE the honour to acknowledge your Grace's despatch of the 28th February Page 101. (No. 20)*, enclosing copy of a further communication on the subject of Chinese im- migration from the acting superintendent of trade in China, and directing me to examine into and report upon the allegations contained therein as to the abuses practised in procuring emigrants in that countiy. Despatches of ^* My reports upon the arrival of the " Glentanner," " Lord Elgin," and " Samuel 94 January, No. 8, Boddington," would subsequently show your Grace that the existence of these and 1-2 March, abuses did not escape my attention, but that I communicated to Her Majesty's Jio. 41. Government, as promptly as possible, all the information I could procure on the subject. 3. Those reports would also demonstrate the impracticability, from the want of competent interpreters, of instituting anything like a searching inquiry on this side, into the motives and expectations which induced the people to emigrate, the nature of the representations made to them, or the precise details of the treatment they met with in the depots. 4. For my own part, I am inclined to think that the account Dr. Bowring has received of these matters is somewhat over-coloured, no allowance apparently being made for the difference between Asiatic and European ideas— either of good faith or of comfort, — a difference which in the latter respect may be illustrated by the simple fact, that many of the Chinese, who arrived here in the " Glentanner," had, according to their own assertion, never before lived in a house of any kind, and regarded a floor, even if of bamboo, or a roof, even of thatch, as luxuries ; whilst, as regards good faith, I have little doubt they would have thought it just as allow- able to cheat the Chinese depot-keeper out of the advances made to them, or to pocket them over and over again by escaping and re-entering, as he on his part would, to employ deception, fraud, or even violence towards them, if it suited his purpose. 5. That it is desirable to find a remedy for such a state of things, is clear, but I must beg leave to differ altogether from Dr. Bowring's view of what that remedy should be ; since even were it practicable, as he suggests, to ascertain on the arrival of each vessel in the West Indies, whether the emigrants on board had been deceived by falsehoods or kidnapped by force, and thereupon to decide whether they should be allowed to land or be sent back to China at the expense of the colony, it is not shown how such an arrangement for punishing the innocent vicariously for the guilty, could have the slightest effect in checking malpractices among Chinese <3rimps. 6. It is tme that Dr. Bowring further proposes to give the colony the means of redress against the misdoers, but he does not explain how this is to be accom- plished. 7. A far simpler remedy might, in my humble opinion, be devised by the British authorities on the spot, as the whole of the emigration is conducted by British merchants, subject to consular jurisdiction, and almost entirely in British vessels. Why, for instance, should not a heavy penalty be imposed upon the agent or consignee of any vessel clearing for any part of the world, without an affidavit, ^wom to by himself, by the master and by the surgeon, before the Vice Consul at the INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 53 the nearest port open to British trade, to the effect that all the passengers are BRITISH voluntary emigrants, and were put on board without any exhibition offeree what- GUIANA, soever ; or if this be impracticable, why should not a bond, with power to recover in any port to which the vessel may be destined, in the event of complaints being substantiated by the emigrants, be exacted from the captain and his securities, as in the case of vessels bringing coolies from Calcutta to the West Indies. 8. I will only add that 1 have no reason whatever to believe that any of the Chinese introduced into this colony were brought against their will, and that they are going on in a very satisfactory manner, — as shown by the enclosed report irom the stipendiary magistrate of the district in which they are all located. I have, &c. (signed) Henry Barkly. Enclosure in No. 12, Stipendiary Magistrate's Office, End. in No. 12, Sir, District D, April 6, 1853. Many of the Chinese immigrants having now been in the colony for a period of nearly three months, I deem it my duty to acquaint his Excellency the Governor with the opinion entertained by the managers of the estates on which these people are located, as to their capabilities as agriculturists. From the reports I have received from the gentlemen in charge of the respective estates Schoonord, Windsor Forest, La Jalousie and Blankenburgh, it appears these immigrants are giving the greatest satisfaction, and I find that the wages they are now earning average 24 cents per day, which, for people unaccustomed to the field-labour of a tropical climate, certainly evinces a disposition to industry. Mr. Butts, the manager of La Jalousie, in writing to me on the subject of the Chinese, says, " I am better pleased with them than any class of immigrant that has been introduced into the colony, and my experience in this respect for the last five years has been varied." Mr. G. Bascome, of Windsor Forest, and Mr. C. Bascome, of Schoonord, both assert that they would rather have one Chinese than two coolies, as they consider their physical strength greater. The report from plantations Vreedenhoop and Ponderoyen is less satisfactory, owing to the debilitated state many of these immigrants were in when they arrived upon the estate, con- sequently they have performed but little labour, but an improvement here is, I am happy to say, gradually taking place. The experiment of introducing this class of immigrant here being a novel one, considerable doubts have naturally existed as to its success ; but as far as my own personal knowledge has enabled me to judge, coupled with the cheering reports which I have received, induces me to believe that Chinese immigration, judiciously conducted, will be advantageous to the colony. I have, &c. The Honourable William Walker, (signed) Walter Howard Ware,^. M. Government Secretary. — No. 13. — (No. 73-) • No. 13. 'Copy of a DESPATCH from Governor Barkly to his Grace the Duke of Newcastle. Governor Barkly ^ TT o Ti*- -loro to the Duke of' Government House, 3 May looo. Newcastle. My Lord Duke, (Received, 31 May 1853.) 3 May 1853. Upwards of two months having elapsed since my first visit to the plantations on which Chinese immigrants are located, and those ea.' " Samuel Boddiugton" having subsequently been sent to the same district, I deemed it my duty to make another tour of inspection, accompanied by the Immigration Agent-general, whose official report of its very satisfactory results I enclose for your Grace's information. 2. All that I learned on this second occasion confirms my previous view of the high value of the Chinese as agricultural labourers, the best proof of which is, that though under the recent resolutions of the Combined Court, the amount to be repaid by those receiving this class of immigrants is very considerable, there is not one employer who already has them, who would not be willing to pay for more. 3. Their presence, indeed, proved the greatest boon during the recent severe drought, when the ground was so hard that neither hoe nor shovel could be used to break it up, for they cheerfully set to work with the agricultural fork, a tool recently introduced with the greatest benefit into colonial husbandry, but to which, 986. I 3 fro^i 54 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH from its novelty, the negroes manifest an almost insuperable aversion ; and thus GUIANA, the planters veere enabled to get most effectual work performed at the most desirable moment, for the effect of a tropical drought in pulverizing the stiff clays can only be likened to that of a frost upon tillage at home ; at a moment too, when but for the Chinese, and a few of the robuster Indian coolies, no work at all oovM have been done, except perhaps that preferred by the negro shovelmen, throvdng the mud out of the draining trenches, which on all estates might not be needed. 4. Though this forking is, as may be supposed, rather hard work where the soil is baked like a brick, I saw one Chinaman on plantation Windsor Forest, who, having been laid up with fever during the first two days of the week, had turned out and performed with ease to himself six tasks in the remaining four days, thereby earning 2 dollars (8*. 4 J:), the same as his comrades. 5. Another curious proof of their eagerness to earn money was mentioned to me by the proprietor of this estate, no less than 40 of them having turned out to work in the cane fields one Sunday morning, without the knowledge of the manager, and on their being afterwards remonstrated with, replying that Sunday was well enough for black people, but that it was hard that the Chinese should not be allowed to gain wages every day if they chose. 6. A hint that they would not be entitled to payment for work so done, had however the desired effect, and they have not since tried the experiment. Their conduct on the subject forms a striking contrast to that of the Indian immigrants, for 1 never heard of a cooly's proposing to stir a finger either on Sunday or Christian holiday, although accustomed throughout India to work upon them just the same as on other days. I have, &c. (signed) Henry Barkly. Enclosure in No. 13. Immigration Agent-general's Office, Sir, 3 May 1853. End. in No. 1 3. Having had the honour of accompanying his Excellency the Governor on his visit of inspection to the estates on the west coast, upon which Chinese have been located, and having since visited the two River estates employing labourers of this description, I take an early opportunity of reporting officially such facts as came under my observation as aifording fair conclusions of the advantages o£Fered to the people, their adaptation to the climate, and the results that may be anticipated on the future exports of this colony by the influx of such labourers. Independent of the desirableness of locating these people on estates contiguous to town, although so distinct as to separate them from pernicious influences, no portion of the colony was more in want of an immediate and large addition to its resident population, from the very great extent to which the cultivation has been increased. Being first-class estates, also, in a healthy locality, with abundant means, proper hospitals, and ample house accommodation, no more appropriate locality could have been selected to test a first experiment, and to judge of the propriety of a continuous stream of immigration from China. The first estate visited by his Excellency on the 21st ultimo was " Stewartville," to which 44 Chinese had been allotted from the " Samuel Boddington " on the 4th of March, and amongst whom two cases of mortality, from fever, occurred soon after their location upon the estate ; five were in hospital from slight intermittent fever and diarrhoea, as commonly the case after a long sea voyage and cliange of diet, but the rest were in general good health, earning on an average 6 d. per day independent of provisions, including fresh meat twice a week gratuitously distributed by the estate. At "Anna Catharina" but one death had occurred out of the 47 immigrants placed there out of the same ship, and, with the exception of six in hospital with light and temporary indisposition, and one crazy man, who will never be fit for service, the rest were working steadily and cheerfully, making Is, to 1 s. 4:d. per day, of which id. was being stopped for provisions. On the " Hague," the adjoining plantation, we found but 37 Chinese of the 39 sent there ex " Samuel Boddington," one having died from yellow fever, and the other from the effects of the voyage ; 16 v»ere in hospital with intermittent fever and small sores, the latter arising, in a great measure, from insects and the scratches of the cane leaves, which always occasion some inconvenience to new-comers, and more particularly to those who, having encountered a long sea voyage, are predisposed to irruptions. We remained on this estate until the field gang had been sent for, and although it was but 12 o'clock when they made their appearance, all of them had even then completed six-yard and eight-yard tasks. They were neatly clad in clothes ^ven them by the proprietors, in cheerful spirits, and pleased beyond measure INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. ^'is measure at exhibiting the fruits of their labours, which in one instance reached 10 s. During BRITISH the month of March 30 of them had earned $02. 52., from which ^28. 48. had been GUIANA. deducted on account of the advances made in China by Messrs. Hyde, Hodge & Co., all rations having been liberally issued by the proprietors free of charge. This system was to be continued through the month of April, when all but the sick were to be thrown upon their own resources, which they preferred to the specific amounts fixed by the indentures and rations. At die "Blankenburg" estate ail the Chinese, 83 in number, were from the "Lord Elgin," and no death could be attributed to this climate, as the only three deficient had sunk from debility (two in January and one in April) after their discharge from the Colonial Hospital. In the Estates Hospital, an airy and most comfortable building, we found but one case of intermittent fever, five others being there temporarily with slight indisposition, the manager preferring the expense and trouble of their maintenance even in trivial cases to the slightest risk. On this plantation a very correct account of the disbursements inci- dental toi the acclimatization of so large a gang had been kept. In provisions, clothing, and hospital expenses, these amounted from the"l8th January to the 9th April to ^769. 47. independent of wages, which had been paid at the same rate as to all other labourers on the plantation. Their progTessive earnings afforded the best test of their health and value to the property, Amounting in the first six weeks to - - - ^136. 24. „ in the next four weeks to - - 133. 52. And in the last two weeks to _ - - _ io5. 96, Previous to the allotment of these people to Blankenburg the gr«at scarcity of labour in the district had compelled the employment of non-resident labourers or task gangs (one of the crying evils of this country), at the extra cost of 4rf. per task. With such an accession of labour these have been dispensed with, and, by a calculation shown me by the manager, he makes out that by this measure the first heavy outlay would be returned to the pro- perty on the completion of 151 tasks by each man, or say by the saving of 151 bitts, or ^12. 08. No attempt had been made to obtain repayment of the advances of Messrs. Hyde, Hodge & Co., which could not well have been expected whilst the proprietors were them- selves incurring a heavy outlay under the supposition that so far the wages were inadequate to the support of the immigrants. On the " Jalousie" estate, to which his Excellency then proceeded, we found 101 Chinese out of the 104 allotted ex "Glentanner" in the month of January, one having died a few days after arrival, and two in the month of March. There were no serious cases of sickness in the hospital, and the gang when assembled for inspection gave every indication of good health, and of ability to support themselves from the produce of their earnings. It appeared to me very unfortunate that this estate should have adopted in.its transactions with the Chinese a course different to that pursued by the adjoining plantations; for how- ever just it might have been in the abstract to recover from the people the amount expended in clothing, still it was but probable that less liberal treatment than that experienced on other plantations would cause dissatisfaction. Moreover, I apprehend that if stoppages were to be made, those of Messrs. Hyde, Hodge & Co. had a primary lien on the wages of the labourers. From the 17th January, when the people first commenced working for money, their earn- ings have, as elsewhere, been progressively on the increase ; viz. : For the first four weeks - - - 7 cents per day's labour. For the next four weeks - - - 7i - ditto - - ditto. For the next three weeks - - - 11 - ditto - - ditto. For the first two months rations were issued without a charge, and independent of the money wages; but since the 1st of April not only have the people been thrown upon their own resources (which in most cases, it is but justice to say, have ranged from ^1 to ^1. 25 per week), but stojjpages have been made for clothing given elsewhere as a douceur. "Windsor Forest," which next came under inspection, also received Chinese from the "Glentanner," and but one death in the month of January had occurred out of the 104 sent to the estate. W'e found the same liberal treatment in operation here as at Blanken- burg, and a more healthy and contented set of beings it was impossible to see. Their rooms were tidy in the extreme, their persons cleanly, and the labours of the day being over, they wer« singjng, cooking, and amusing themselves as if totally devoid of care, and as happy as larks. Oh inspection of the pay-book for the preceding week I found many of the people had earned ^1. 56., many more ^1 . 12., and that all were fairly in a position to main- tain themselves, and contribute to the advances made by Hyde, Hodge & Co., if the proprietor will not himself' assume them. The last estate visited by his Excellency on the 21st ultimo was the " Haarlem/' on which 45 had been located" from lie " Samuel Boddington;" and,, although no deaths had occurred, two were in the hospital with yellow fever, whose chances of life were but very doubtful, and seven others were confined temporarily with intermittent fever and sores. The remainder were in perfect health, and earning, as the manager informed us, on an average from ^1 to ^1. 44. A-t the period of our visit they were, with the exception of the sick, on the same footing as all other labourers in the colony, having experienced' the same liberality 986. I 4 '^ 56 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH GUIANA. in clothing and household utensils from the owner of the estate as at Windsor Forest and other places. I regret that the removal of the 45 Chinese from the Vreedenhoop to Anna Regina, on the Arabian coast, has prevented my embracing in this report all immigrants of this class hitherto imported. I am informed, however, that but one death had occurred upon that estate up to the date of their departure. The only two other river estates receiving Chinese, and which I visited yesterday, are the "Kleyn Ponderoyen" and Schoonord;" to the former 44 were sent ea; " Glen tanner," and to the latter 61 from the " Samuel Boddington." The Kleyn Ponderoyen Chinese appear to have been a sickly lot from their first location upon the estate, four having died soon after their arrival, two having continued throughout in the hospital, and eight others being still so weakly as to be unfit for field labour. The remainder were looking healthy enough, and although not so robust as elsewhere, were earning, according to the estates-book, suflScient for their proper maintenance. At " Schoonord," the last estate embraced in this report, but one death had taken place (in the month of April), and only two were in hospital with intermittent fever. A number of others were suffering from the scratches of the cane and itch ; but the doctor, who met me on the property, was of opinion that they would be better employed about the buildings so long, and that in a few days they would be perfectly well. At foot you have the number of Chinese allotted to each estate from the three ships that have arrived, together with the mortality reported ; referring to which, I have, &c. The Hon. William Walker. (signed) J. Gardiner Austin, I. A. G. " Samuel Boddington." - - - Immigrants. Death. 4 March 1853. Anna Catharina - Schoonord - Vreedenhoop Haarlem Stewartville - Hague 47 51 45 45 44 39 1 1 1 2 2 Total 271 7 " Lord Elgin." 17 Jan. 1853- - Blankenburg - 83 3 " Glentanner." 12 Jan. 1853 -- Jalousie Windsor Forest - Kleyn Ponderoyen 104 103 44 3 1 4 Total 251 8 Totals - 605 18 No. 14. Acting-Governor Walker to the Duke of Newcastle. 24 May 1853. Page 111, — No. 14.— (No. 9.) Copy of a DESPATCH from Acting-Governor Walker to his Grace the Duke of I^ewcasde. Government House, Demerary, 24 May 1853. My Lord Duke, (Received, 16 June 1853.) I HAVE the honour to transmit to your Grace a series of resolutions, prepared by the Commissioners of Immigration Correspondence, and adopted by the Court of Policy at its meeting yesterday, relative to the arrangements to be made prospec- tively, for securing the continuance of emigration from China and Madeira to this colony. Having had the opportunity of perusing a private letter from Mr. White to Mr.- Rose, of a later date than that of his official communication to the Colonial Land and Emigration Commissioners, enclosed with your Grace's despatch No. 35,* this day INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 57 day received, wherein he expresses himself in even more decided terms as to the BRITISH necessity of superseding the bounty system by one of Government agency ; and G U lA N A. having myself been long convinced of the disadvantages attendant on the introduc- tion of immigrants by means which admitted of no effective control or supervision, I deemed it right to request the early attention of the Immigration Correspondence Commissioners to the subject, in a minute of which I beg to transmit a copy. I was the more desirous of avoiding further delay upon this very important matter, because the months from September to March are stated to be those in which it is to be preferred that vessels with emigrants should leave the ports of China, and because I understand that Mr. White will be in England at the same time with Governor Barkly ; and it is of course highly expedient that in discussing plans for the future management of emigration to tlais colony, they should be in possession of the views and wishes of the Legislature up to the latest date. I trust it may be practicable to induce Mr. White to return to Hong Kong in time for the ojiening of the season, and to organise an effective system from that port as a centre or depot ; great confidence is felt here, in his judgment and zeal, and as there seems to be no reason to anticipate the arrival of any further supplies of Chinese immigi'ants this year, it is considered the more urgently necessary that timely exertions should be used to secure an adequate supply for the next season. I may here add, that, adverting to Mr. White's suggestion, as to the propriety of some of the Chinese being enabled to return to their own country, so as to in- spire their countrymen with confidence in the expatriation to which they are invited, it becomes of essential consequence that they should receive favourable impressions on their first location in this colony ; and as their habits and feelings are very peculiar, I think it will be desirable to frame, from the hints afforded by Mr. White, and other sources, a short manual for the use of managers and others to whose charge they may be entrusted. Some have been already committed to gaol for theft, deser- tion, and refusal to labour, and considering it very likely that such an offence as the last-named might arise from misconception, I have requested the stipendiary magistrates to furnish me with a special report of any such cases. With respect to the resolutions generally, I am not aware that it is necessary for me at the present moment to discuss them at. any length ; one or two of them, however, require a brief remark. The first of these refers to the suggested transfer of the duties of the Colonial Land and Emigration Commissioners, in regard to emigration to this colony, from that board to the Immigration Loan Commissioners in London. Upon this being read, I felt it to be due to the Colonial Land and Emigration Commissioners to elicit from the elective members of the Court a distinct disclaimer of any intention to cast censure or disparagement upon those gentlemen, accompanied by the ex- planation that the ground for the expression of the desire embodied in the resolu- tion, is simply a conviction upon the minds of the Members of the Commission that the great pressure upon the time and attention of the Colonial Land and Emi- gration Commissioners, arising from the extraordinary tide of emigration from the mother country to the Australian and other colonies, renders it difficult for those gentlemen to bestow upon the emigration from Africa and Asia to this colony that constant and immediate attention which its successful prosecution demands. Another point in the resolutions, which attracted my attention, was the request that I should express my "disapproval" of the exorbitant charges now made in Madeira for parish papers and passports. I certainly do not conceive that I am in a position to authorise me to express officially any opinion upon a matter of entirely domestic arrangement between the Portuguese Government and their own subjects ; added to which, the object in view will be much more effectually attained by the raising of the bounty upon immigrants from Madeira from 25 dollars, the rate recently allowed, to the old rate of 30 dollars per head. This chano-e was carried by the adoption of a resolution, moved by the Honour- able Mr. Porter, in conformity with previous notice, and of which I beg to enclose an extract minute. I thought it right to remark upon the inconvenience of frequent alterations in the rates of bounty, which was admitted, but it was urged in reply that the payments demanded of the emigrants by the local authorities and the advance in the cost of freight, render the present increase absolutely necessary ; while as these immigrants are now equally with others subject to serve under indenture for a term of years, they are, after all, the cheapest immigrants introduced. The 15th and 16th resolutions, referring to the number of immigrants which it is desired to obtain from China and Calcutta respectively during the season of 986. K 1853-54, 58 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH 1853-54, I beg leave to submit for your Grace s decision ; with respect to the "^ deficiencies of the present season, therein adverted to, it may be proper for me to state that I have since the meeting of the Court received your Grace's despatches. No. 38 and 41, covering advices of the departure from Calcutta for this colony of the ships " Adelaide " and " ApoUine," vi^ith coolies; and also that by a note, received yesterday, from Governor Barkly, dated at St. Thomas, I am apprised of the possibility of one of the vessels intended for Trinidad with Chinese immigrants, being sent on to this colony. I believe, however, that under any circumstances, there will be sufficient funds to defray the expense of importing all the immigrants now requested, should so large a number be procurable. I beg to enclose an extract from the " Royal Gazette " newspaper, containing a tolerably accurate report of the discussion upon the resolutions now transmitted ; and at the same time to apologise for any imperfections in this despatch, which has been avoidably prepared with some degree of haste in order to secure the im- mediate communication to your Grace of a document of considerable importance. I have, &c. (signed) W. Walker. P. S. — I ought perhaps to state, as is the wish of the Immigration Agent-general, that he objected to the terms in which the 10th resolution was originally framed, and that it was modified at his suggestion. W. W. Enclosure 1, in No. 14. End. I, in No. 14. Extract from the Minutes of the Proceedings of tlie Honourable the Court of Policy of the Colony of British Guiana, at its adjourned Assembly held at the Guiana PubMe Buildings, Georgetown, Demerara, Monday, 23d May 1853. [After Prayers.] His Excellency laid over an Extract Minute of the Proceedings of the Committee of Immigration Correspondence at a meeting held on the 19th instant. F. J. Ordered, the Court approves of the report of the committee, and recommends, in additioa to it, the adoption of a resolution, extending the term of service of coolie immigrants to not less than eight years, in case the return passage to India should be insisted upon. (True extract.) (signed) W. B. Woheley, Acting Secretary. Extract from the Minutes of the Committee of Immigration Correspondence, at their meeting held at the Guiana Pubhc Buildings, on the 19th of May 185'3. Despatches from his Grace the Duke of Newcastle, covering letters from the Land and Emigration Commissioners and Mr. White, on the subject of Chinese immioration, with a minute of his Excellency the Lieutenant-Governor, having been .read, it was resolved that the following recommendations should be submitted to the Legislature : — "1st. That the system of payment of bounty for Chinese immigrants should be discon- tinued, and that no bounty should be payable upon any Chinese immigrants brouglit to this colony by any vessel leaving a Chinese port subsequent to the 1st of October 1853. " •2d. That emigration from China should, in future, be conducted by an agent appointed by the colony under the authority of Government, whose head quarters should be at Hong Kong. "3d. That vessels should be chartered in England sufficient, if possible, to carry one half of the Chinese immigrants to be introduced into British Guiana, during the season of 1853-54. ".4th. That the agent at Hong Kong should be authorised to charter vessels on the spot for the remainder. " 5th. That the vessels taken up in England should be chartered simply for carriage, fittings, and water, and that in such as are proceeding direct from England to Hong Kong, shipments of beef and pork should be forwarded to the agent. " 6th. That a communication should be addressed to the agent at once, to ascertain what quantity of such, supplies he may require, in order that shipments should be forwarded to him by other vessels, if necessary, without loss of time. " 7th. That care should be taken to send a proper proportion of interpreters, say one to every fifty, and that a native surgeon and one or two Nayang players or musicians should be in every vessel. " 8th. That his Excellency the Lieutenant-Governor should be requested to issue a notice calling upon all persons desirous of obtaining Chinese immigrants, during the next season, to forward applications to the Immigration Agent-General on or before the 15th of June next,, alter which date no applications would be recorded for the season. "9th. That INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. sg " 9th. That, as a general rule, no vessel of less than 800 tons register should be taken up, BRITISH and that the Agent should be recommended to secure, if possible, such as were of 1,000 tims GUIANA. and upwards. " 10th. That as the time of the Colonial Land and Emigration Commissioners is so fully taken up with emigration from the United Kingdom, his Excellency the Lieutenant- Governor should be requested to urge on Her Majesty's Government the propriety of appoint- ing the Loan Commissioners of British Guiana to discharge the duties connected with the chartering of vessels, shipment of supplies, payment of drafts, correspondence with agents, and all operations connected therewith in tne immigration to this colony from China and India. " 11th. That tiie Agent should be authorised to defray all the necessary expenses of emigration, and to make advances to the emigrants themselves, not exceeding 10 dollars per head, inclusive of clothing, and that all these disbursements should be charged in his account as forming a portion of the cost of introduction. " 12th. That Mr White's suggestion for the introduction of between 200 and 300 young females (if with families the more preferable) by a separate vessel should be adopted, and arrangements made for their passage, the advances to secure that object being left to his discretion. " 13l.h. That his Excellency the Lieutenant-Governor should be requested to express to Mr. White the high sense entertained of bis services by the inhabitants of British Guiana, and their anxiety for his early return to China, should he unfortunately have already left for England. " 14th. That Mr. White's suggestions of sending implements of husbandry and mosquito nettings, as used in China, should be adopted to a limited extent. "15th. That his Excellency the Lieutenant-Governor should be requested to give the necessary instructions for the introduction of 1,500 Chinese during the next season, exclusive of the deficiency of the season of 1853-53. " 16th. That his Excellency the Lieutenant-Governor should be requested to order 2,&00 Calcutta coolies for the season of 1853-54, exclusive of the deficiency of the previous season, with as large a proportion of females as possible, and to urge on Her Majesty's Government at the same time the hardship of compelling the colony to pay a return pas- sage, the charge of which is burthensome in the extreme, and should be discontinued; but in the event of its being insisted upon, that the term of service should be extended to not less than eight years." A dei^patch from the Duke of Newcastle, with enclosures from Mr. Spring Rice, having been also read, it was resolved — " That his Excellency the Lieutenant-Governor should be requested to express to Her Majesty's Government the full concurrence of the Commissioners in the views therein stated, and to urge the necessity of immediate communications to the Portuguese Govern- ment, having for their object the removal of all restrictions on the emigration from Madeira to British Gniaua. " That his Excellency the Lieutenant-Governor should also be requested to express his disapproval of the exorbitant charges now made in Madeira for parish papers and passports, and to intimate the readiness of the colonists to defray any reasonable charges for such purposes." . (signed) Peter Base, Cbawmarr. Enclosure 2, in No. 14. I SHOULD be glad if the Immigration Correspondence Commissioners would take up the End. 2, in No. 14, subiect of Chinese immigration, as referred to them in the despatches from the Secretary of State, recently laid before the Court of Policy. My own opinion has always been adverse to the bounty system, or at all events to its continuance ; its adoption in the first instance mioht be, perhaps, justified, upon the ground of the necessity for avoiding delay ; but the experience of its working shows that it would not answer to continue it except, under more effective and direct control, and upon a better organised system than has been hitherto- the case. This' view is confirmed by the tenor of the communications from Mr. White, of which copies were enclosed in the despatch above-mentioned ; but 1 have, moreover, had' access to a private letter from Mr. White to Mr. Rose, dated 9lh February, at Hong Kong, the contents of which are very interesting. I think it is of somewhat later date than his latest official letter ; at all events he distinctly states that the negotiation for the charter of the Lord Warriston has failed, as had that for the Martin Lutiier, previously. Mr. White expresses himself on the subject of the emigration, to this effect: that, from the want of shipping, it is doubtful if anything more can be done this season ; that he is unwilling to press emigration far at this moment, because any such accident as has occurred on the Cuban voyages might have a serious effect upon the ultimate success of our own arrangements- that emigration should be conducted from Hong. Kong alone, or at least of makino- it the depot; that vessels chartered in England should be engaged for the voyage only and not for provisions also ; that a supply of the utensils and mosquito nets used by the Chinese should be sent with each vessel ; and that some native doctors should be also sent for which he assigns very satisfactory reasons ; that the shipments should take place between September and March ; and that the laying in of provisions should be part of the agent's duty. %86. K2 From 6o PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH From all this I think it is clear that we are not to expect any more Chinese irami- Q U I A N A. grants this year, but that the return of Mr. White to England, and the experience he has gained, will be most beneficial to the colony, if proper advantage be taken of the circumstance of the Governor being at home at the same time. I would suggest, then, for the consideration of the Commissioners, the propriety of recommending the Legislature to declare that no bounty shall be payable upon any Chinese immigrants brought here in any vessel which shall have left a Chinese port subsequently to the 1st of October next ; that the emigration shall in future be conducted by an agent appointed by the colony, and acting under authority of the Government ; that such agent be empowered to charter vessels on the spot, failing an adequate supply of tonnage being engaged in England, and to take charge of the arrangements for victualling and providing, such other necessaries as the peculiar habits of the Chinese may seem to him to require; that care be taken to send a proper proportion of interpreters and a native surgeon with each ship ; that the attention of the agent be specially directed to sending some women ; that he be authorised to make advances to a limited amount per head to the emigrants ; that, as a general rule, no vessel of less than 600 tons register be taken up for the service ; and that Mr. White be induced, if possible, to return immediately to China, and, as the colony agent, organise a system of emigration, for which the head quarters shall be Hong Kong. Mr. White's letter contains much judicious advice as to the treatment of the Chinese, and 1 think Mr. Rose would not object to allow a copy of it to be taken for reference. I should wish the subject to be brought forward if possible on Wednesday in the Court of Policy. 14 May 1853. (signed) W. W. As the Commissioners of Immigration Correspondence are to meet this morning, I am desirous to submit for their perusal the accompanying memorandum, from which I propose to draft a short memorandum for the use of managers and others entrusted with the charge of the Chinese immigrants, as 1 fear that great mistakes may be made in their manao-ement from the want of a due appreciation of their very peculiar character, and from ionorance of their language and habits. 19 May 1853. (signed) W. W. Enclosure 3, in No. 14. Bncl. 3> in No. 14. Extract from the Minutes of the Proceedings of the Honourable the Court of Policy of the Colony of British Guiana, at its Adjourned Assembly, held at the Guiana Public Buildings, Georgetown, Demerara, Monday, 23 May 1863. [After Prajers.J The honourable Mr. Porter, in pursuance of notice, moves, seconded by the honourable Ml". Jones, That in consequence of the great advance which has lately taken place in the rates of freight, g,nd the expenses for passports, &c., incidental to persons leaving Madeira, it is the opinion of this Court, it is expedient to increase the bounty on the introduction of Portuguese immigrants from 25 dollars to 30 dollars, it being distinctly understood that this sum is to cover all expenses. Carried unanimously. (True extract.) (signed) W. B. Woheley, Acting Secretary. Enclosure 4, in No. 14. Eaq], 4^JnNo. J4. The following Extract Minute from the proceedings of Commissioners of Immigration Correspondence was read : — Extract from the Minutes of the Committee of Immigration Correspondence, at their Meeting held at the Guiana Public Buildings, on the 19th of May 1853. Despatches from his Grace the Duke of Newcastle, covering letters from the Land and Emigration Commissioners and Mr. White, on the subject of Chinese Immigration, with a Minute of his Excellency the Lieutenant-governor, having been read, it was resolved that the following recommendation should be submitted to the Legislature : — " 1. That the system of payment of bounty for Chinese immigrants should be discontinued, and that uo bounty should be payable upon any Chinese immigrants brought to this colony by any vessel leaving a Chinese port subsequent to the 1st of October 1853. " 2. That emigration from China should, in future, be conducted by an agent appointed by the colony under the authority of Government, whose head quarters should be at Hong Kong. " 3. That vessels should be chartered in England, suffirient, if possible, to carry one-half of the Chinese immigrants to be introduced into British Guiana during the si^ason of 1853-54. "4. That INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 61 " 4. That the agent at Hong Kong should be authorised to charter vessels on the spot for BRITISH the remainder. GUIANA. " 5. That the vessels taken up in England should be chartered simply for carriage, fittings, ■ and water, and that in such as are proceeding direct from England to Hong Kong, shipments of beef and poik should be forwarded to the agent. ' " 6. That a communication should be addressed to the agent at once, to ascertain what quantity of such supplies he may require, in order that shipments should be forwarded to him by other vessels, if necessary, without loss of time. " 7. That care should be taken to send a proper proportion of interpreters, say one to every 50, and that a native surgeon, and one or two nayang players or musicians should be in every vessel. "8. That his Excellency the Lieutenant-governor should be requested to issue a notice calling upon all persons desirous of obtaining Chinese immigrants, during the next season, to forward applications to the Immigration Agent-general on or before the 16th of June next, after which date no applications would be recorded for the season. " 9. That, as a general rule, no vessel of less than 800 tons register should be taken up, and that the agent should be recommended to secure, if possible, such as were of 1,000 tons and upwards. »" 10. That as ihe time of the Colonial Land and Emigration Commissioners is so fully taken up with emigration from the United Kingdom, his Excellency the Lieutenant-governor should be requested to urge on HerMajesty'aGovernment the propriety of appointing the Loan Commissioners of British Guiana to discharge the duties connected with the chartering of vessels, shipment of supplies, payment of drafts, correspondence witli agents, and all opera- tions connected therewith in the immigration to this colony from China and India. " 11. That the agent should be authorised to defray all the necessary expenses of emigra- tion, and to make advances to the emigrants themselves, not exceeding 10 dollars per head, inclusive of clothing, and that all these disbursements should be charged in his account, as forming a portion of the cost of introduction. " 12. That Mr. White's suggestion for the introduction of between 200 and 300 young females (if with families the more preferable) by a separate vessel should be adopted, and arrangements made for their passage, the advances to secure that object being left to his discretion. " 13. That his Excellency the Lieutenant-governor should be requested to express to Mr. White the high sense entertained of his services by the inhabitants of British Guiana, and their anxiety for his early return to China, should he unfortunately have already left for England. "14. That Mr. White's suggestions of sending implements of husbandry and mosquito nettings, as used in China, should be adopted to a limited extent. " 16. That his Excellency the Lieutenant-governor should be requested to give the neces- sary instructions for the introduction of 1,500 Chinese during the next season, exclusive of the deficiency of the season of 1852-53. " 16. That his Excellency the Lieutenant-governor should be requested to order 2,500 Calcutta coolies for the season of 1853-54, exclusive of the deficiency of the previous season, with as large a proportion of females as possible, and to urge on Her Majesty's Government at the same time the hardship of compelling the colony to pay a return passage, the charge of which is burthensome in the extreme, and should be discontinued ; but in the event of its being insisted upon, that the term of service should be extended to not less than eight years." A despatcii from the Duke of Newcastle, with enclosures from Mr. Spring Rice, having been also read, it was resolved — " That his Excellency the Lieutenant-governor should be requested to express to Her Majesty's Government the full concurrence of the Commissioners in the views therein stated, and to urge the necessity of immediate communications to the Portuguese Government, having for their object the removal of all restrictions on the emigration from Madeira to British Guiana. "That his Excellency the Lieutenant-governor should also be requested to express his disapproval of the exorbitant charges now made in Madeira for parish papers and passports, and to intimate the readiness of the colonists to defray any reasonable charges for such purposes. " Peter Rose, Chairman." Lieutenant-Governor. — Would the Court be pleased to say whether they approved of those .r-ecommendalions ? Mr. Gon Netscher.- -As a member of the committee, he agreed to them, and had signed •them ; but there was one observation which he wished to make, with respect to the para- t^raph relating to the size of the vessels to be employed. Some time ago he had been appointed by the Governor a member of the committee to inquire into the circumstances of .tlie mortality on board of the Chinese immigrant ships; and he had then concurred in the opinion, that no vessels of less than 1,000 tons should be employed. That opinion might appear inconsistent with his acquiescence in the present recommendation ; but he must inform the Court that he had proposed to the commissioners on the present occasion to adopt the same standard of 1,000 tons. That proposition, however, was not agreed to. The majoiity were at first disposed to go as low as 600 tons ; but they afterwards consented to ■fix it at 800 tons, with which, as the nearest approach to the former recommendation, he was obliged to be satisfied. g86. K 3 Lieutenant- 62 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH Lieutenant-governor. — There could not be two opinions on the subject. The larger GUIANA, vessels were in every way, even in point of economy, better suited to the purpose than the small ones. Mr. Porter.: — There was no difference of opinion as to the desirableness of getting large vessels ; but from the great demand for shipping they could not easily get vessels above 800 tons. Not only himself, but every member of the committee, agreed with his honourable friend that large vessels were to be preferred whenever they could be obtained. But there was another point on which he (Mr. Porter) wished to speak, as it was one which, rather strangely, had escaped the noti' e of himself and his colleagues at their meeting. When Mr. Caird was here he had suggested the probabihty of their obtaining an extension of the term of service on the part of the coolie immigrants from five to ten years. It was not too late to add to the report an application to that effect. Mr. Gon Netscher. — Certainly not. He did not know how it had escaped their memories in committee. Mr. Porter. — Three members of the committee were now present, and he did not think that there could be any objection to it. Lieutenant-governor. — The Court could add any recommendation it pleased. Honourable members would find that in the 31st clause of the new Immigration Ordinance such an extension was contemplated. * Mr. Porter. — Yes: he moved that the addition to that effect be- made to the report. The proposition was agreed to, and the addition made to the report. Lieutenant governor. — There was another point to which he would call their attention. Messrs. Hyde, Hodge & Co. were under contract with the colony to bring free Africans here at the rate of 6 ^. a head ; but perhaps they would prefer to employ their vessels in conveying immigrants from Madeira. Mr. Gon Netscher. — But, besides the 5 /, bounty which they received, they were in the habit of charging for advances made to the people. Now, the 30 dollars, to which the bounty on Portuguese was to be increased, was intended to cover all expenses. Lieutenant-governor. — Even in that case, it might be found that they were the best parties- to be dealt with. Mr. Gon Netscher.— He had no objection to deal with them on those terms. Lieutenant-governor. — Madeira was not much out of their way from the coast of Africa. Perhaps it would be well to introduce in . Muir. Victoria. My dear Sir, . Macao, 17 June 1851. I HAVE the pleasure of sending you the memorandum required of expense ot shippmg <;oolies : Commission for each man Ditto to Chinese collector Food for each man per month - - - - .^ 3 50 Water ditto ditto, a gallon a day - - - - 2 - 5 50 5 - 4 - 27 50 2 - 1 50 3 - Estimating the voyage at 5 months (including the purchase of casks) - -" 2 suits of summer clothing ,-.---- 1 suit of winter ditto _------ Various articles for the voyage - Fittino- between decks and kitchen will cost, for 300 men, about 400 dollars ; wages, 4 -dollars per month, and one month's advance will be required. The coohes will engage themselves for fiv; years ; are to be fed, lodged, and medical attendance at the expense of *^'The freiglnpaid here has been, for Peru, 25 to 30 dollars a man, for a voyage of 120 days, -with provisions put onboard for 150 days. „ , ,, . , ■ . j \t^^^^u The Government of Peru allows a premium of 30 dollars for each man impoited. Vessels q86. m 3 ^* 78 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH of about 1,000 tons are required for 400 men, and it is very essential to have ports between GUIANA, decks for ventilation. The greatest attention is to be paid in choosing good captains of mild temper and temperate habits. The Chinese are generally of mild character, but will not bear rough handling. _ . If you want any more information, give me your views, and I shall do everything in my power to satisfy you. I have, &c. (signed) J. A . Durram. jp^ S. I am not aware tliat any stipulation has ever been made for the return of coolies to China. I am certain that nothing was provided in the exportations to Peru. J. A. D. J. T. White, Esq., Macao. Memorandum of J. E. Endicott, Cumsingmoon : Commission ---------- Ditto to Chinese collector ------- Supplies of food, &c., on a voyage of five months, at 5 dollars a month ---------- * Cash advanced to coolies for supplying themselves with clothing !4 - 4 - 2 5 4 - Syme, Muir& Co., in their letter of 31st May, undertake to put emigrants on board at Amoy for the sum of 7 /., say ^33. 60, with provisions, water, and all necessaries for the voyage. These memoranda must be considered " private " until some arrangement is definitely made. James T. White. Sub-Enclosure 2, in Enclosure in No. 1 . (No. 13.) Sir, Hong Kong, 19 July 1851. I HAD the honour to address your Excellency from Macao, under date 21st ultimo, No. 12, meniioniiig my arrival in China, and what steps I had taken in furtherance of the objects of my mission to this quarter. Thinking it advisable that I should make myself acquainted with the appearance and condition of the people in the neighbourhood of Amoy, and with the prospect of obtaining labourers from that quarter, I left this on the 26th ultimo, and returned on the 16th instant; the voyage there and back occupying 10 days. 2. Amoy lies about 300 miles to the eastward of Hong Kong ; it is situated on an island off the mamland,. numbers a population of upwards of 100,000 inhabitants, and has for years past been the seat of extensive emigration to all parts of the Indian Archipelago. The trade and commerce of the port are considerable and gradually increasing. Several European houses are established there, and a large portion of the coasting trade has fallen into their hands ; the southern coasts of this great empire being so infested by pirates, which the government or naval authorities are either unable or unwilling to destroy, that the Chinese merchants prefer the security of foreign shipping to the risks attendant on their own junks. The sugar cane is extensively cultivated throughout the entire district from Canton to Amoy. At Changchow, a large town seated on a shallow river, about 40 miles above Amoy, I visited an extensive refinery, where I found the processes of manufacture .precisely similar to what prevailed in England previous to the introduction of the vacuum pan. The few cane pieces which I saw in the neighbourhood were luxuriant in appearance, and had been cultivated with the greatest care. 3. During uiy short stay at Amoy, I visited as much as possible of the surrounding country; going into the villages and examining the habits and character of the people. I did not meet with the slightest obstruction, although I frequently went alone and unattended. I found the people civil and obliging. At Changchow we were followed, at first, by con- siderable numbers, but they offered neither insult nor rudeness, and displayed only that eager curiosity which may be supposed natural to ])eople, many of whom had probably never seen a European previous to our arrival. 4. As far as my observation extends, the people of this province are not so robust or muscular as those in the province of Canton. They are,however, considered to be of a more quiet and orderly character, hardworking, and submissive to authority. They are almost entirely agriculturists, are eager to emigrate, and are so poor that they will go anywhere on any conditions that may be offered, provided they can secure the bare necessaries of life. Their language is a peculiar dialect of ihe Chinese, but differing so entirely from that spoken in the Canton province, that the inhabitants do not understand each other, and are obliged to resort to interpretation in their oral communications. Any number of people may be obtained, for the country is peopled to excess, and a careful selection of those offering: as emigrants, would secure good and effective labourers, 5. A vessel * This is to be refunded by the cooliesjafter iheir arrival in the colony. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. yg 5. A vessel called the " Amazon " was lying in harbour, and had been engaged some time BRITISH previously to convey emigrants to the Sandwich Islands, bui in consequence of some pecu- Gr U I A N A. niary difficulties affecting the ships, which occasiuned her detention, the emigrants had been dismissed. Through the agency of the house entrusted with the operation I sent for some of these people. It was stated to me that the best and most efiective of them had returned to their villages, and that those I saw were the worst description ; they were all young men from 16 to 30 years of age, the greater part of them strong-framed and effiective, but all of them thin and meagre, and evidently sufferine; from the want of sufficient food ; a few were very inferior, and not tit to be sent out as emigrants to the West Indies ; they had all been engagfd at wages varying from two to three dollars per month. The inspection of these people led me to infer that such low wages are insufficient to induce the emigration of the better class of labourers, and that under any circumstances great care must be taken in the selection. 6. The wages ought to be fixed at four to five dollars a month, with food, lodginji, and medical attendance; or perhaps it would be more congenial to the Chinese character if the wages were placed at six to seven dollars per month, leaving them to provide food and lodging from their own resources; both conditions might be set forth in their contracts, leaving them to make their own selection as soon as possible after their arrival. 7. Great weight seems to be attached by the Chinese to their receiving an advance of money previous to their departure ; hitherto. this has been only six dollars, but I am led to believe that if the amount were fixed at ]0 to 12 dollars, it would ensure a better description of emigrants, even more so than by giving them a high rate of wages. The Chinese are essen- tially a domestic people, fond of their family, and extremely attentive to their aged relatives. Of this advance four dollars at least would be required to enable them to purchase the clothing and other comforts necessary for the voyage ; the rest would be given to their relatives and friends, or disposed of in the settlement of debts to enable them to leave the country. I am assured that there never has been any difficulty in recovering from the Chinese emigrants the money advanced to them previous to their departure from China. The iimount has been stated in the contract with the condition of repayment by monthly instalments of one or two dollars, and this condition has been carried out without difficulty or demur. 8. The emigration from China may be carried on throughout the year, but probably to more advantage, and perhaps also with more economy, during the period between November and March. This is the season of the north-east monsoon, when the passage may be made from 30 to 40 days -quicker. Agricultural operations are in some measure at a stand, and less employment can be obtained in the fields ; better men may therefore be obtained, and perhaps also on more fiivourable terms. 9. At present an abundance of shipping might be secured for the emigration service. The large influx of American clipper-built vessels from California has had a most injurious effect upon British shipping, as a preference is given to them for the conveyance of teas on account of their superior sailing qualities ; British shipping has consequently been thrown out of employ. Many of these are well fitted up and well found, and would be obtained now on lower terms than will be the case hereafter, when the balance of the shipping interests shall be readjusted by the construction of better vessels in England, capable of competing with the American shipping. 10. All the further information I have received confirms the opinion expressed in my last communication to your Excellency, that it will be extremely difficult, if not impossible, to induce the emigration of women and families; they never have done so hitherto, and the Chinese cling with such tenacity to ancient customs that they will hardly be persuaded to adopt a new course in -this instance. Women are considered as pioperty, and can be obtained only by purchase, and I believe that the only feasible plan of securing their emi- gration would be to give an advance of 20 or 30 dollars to such of the emigrants as were disposed to procure respectable women. This might perhaps induce some of them to take their wives and families with them, and the additional sum thus advanced might be deducted by monthly instalments out of the wages of the husband. A few women might probably be procured by such means, and if the accounts sent home by them to their relatives should be satisfactory, the confidence thus estabhshed would no doubt induce others to follow, and in time an adequate number of women and tamiies might be obtained, but in the first instance this will be attended with considerable difficulty. I am afraid, also, that if any large number of women should be found to leave tbe country it would attract the notice of the mandarins, and have the effect of putting an entire stop to emigration. The mandarins would readily avail themselves of this as a plea to obtain some pecuniary " consideration." ^ i • e 11. I cannot account satisfactorily for the difficulty of procuring women, temale intan- ticide is verv common in the province of Fokien, and I saw at Amoy, m some ponds m tire centre of the town, several bundles of mattinc.-, which were pointed out to me as containing the bodies of new-born female infants. Under such circumstances one would natural y iniei that the Chinese would be glad of the opportunity offered by means of emigration to relieve the country of its superabundant female population. The men appear to me to oe domestic and fond of their fam.ilies and children, and yet, while they ^^'iSrate by thousanas, there is hardly an instance of any woman having left the country. Many «* ^lie (^ninese settled in Sinoapore, Java, and elsewhere are comparatively wealthy; but instead ot senain for their families they prefer making remittances to them, and the connexion is kept up oy occasional visits to their native land. The few Chinese women in Singapore were P"'"'^'^^^^^^'^ 986. M 4 8o PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH here as young girls, and I am informed that this system is carried on now, but not to any GUIANA, great extent. 12. It must be borne in mind that the women in China do npt work in the fields, at least I have never seen any engaged in any agricultural operation. Probably one-half of the floating population, who live in boats on the rivers and along the shores of China, are women and girls. 1 hey are extremely hardworking and industrious, and manage their boats with as much tact and facility as the men. I am inclined to think that these women, from their habits of hard work "and eagerness to acquire money, would soon take to the lighter descriptions of field work in the West Indies, and to the weeding and the moulding of the cane. They are large footed, while those living in the country are doomed to perpetual inactivity in consequence of the wretched practice that prevails of having their feet distorted to unnatural smailness. 13. Boys of eight to ten years of age may be obtained, I believe, inconsiderable numbers at wages varying from one dollar to two dollars per month; girls can only be obtained by purchase. If families should hereafter be induced to ernigrate, it would be necessary to pay the father a bonus for each girl. This advance might be recoverable from tliegirl by resolving it into so many years' wages paid to her in advance, or, as she would soon form some per- manent connexion, the amount might be recovered from her husband. I saw several young girls, from six to ten years of age, being hawked about the streets in Amoy, for whom the price asked was from 20 dollars to 50 dollars. These were small-footed girls, and conse- quently of higher value. 14. I have no reason to alter the opinion formerly expressed, that the Chinese are admi- rably adapted as labourers for the West Indies ; they are strong, active and intelligent, disposed to work, and to make money. The climate here, atleast at this season of the year, is very similar to that of the West Indies, and I think they would enjoy health and strength in their new location. The extensive cultivation of rice and of sugar in the lowlands in the two provinces of Canton and Fokien would seem to qualify them for a residence in Trinidad and Demerara, and I believe they will be found hardy and industrious. The system of payment by monthly wages will not answer well, it discourages industry, and the Chinese will, no doubt, take advantage of it to do as little work as possible. The system of job-work is more consonant to their habits; and though it may be necessaiy that there should be contracts of service at monthly wages in the first instance, the sooner they are supplanted by special agreements the better will it be for the convenience and interest of both parties. 15. There is one trait in the character of the Chinese which makes me somewhat doubt- ful as to their conduct in the West Indies, I refer to their habit of combining together for all purposes, whether good, bad, or indiflFerent. No Chinaman ever acts from individual impulse, but always in concert with others. This principle of their character, if pushed to any extent in such colonies as British Guiana and Trinidad, where the demand for labour is greater than the supply, might be found very incDnvenient and injurious. They are also represented to me as being of rather stubborn and wilful disposition ; but I believe that this arises principally from the idea of their own vast superiority over all other people, and would probably give way to better information. These two traits will render it necessary to exer- cise a firm, judicious, and vigilant control in order to check misconduct a^ its very com- mencement. I think that giving them an interest in the soil and its produce will probably be the most effectual means of preventing such combinations. 16. I think also that some consideration is due to the great distance of the West Indies, the want of intercourse with China, and to the impossibility of their visiting their native land. With exception of Australia and California, to which emigration has only recently set in, there is frequent intercourse between China and every island in which they have settled, so that emigration is, as it were, only a removal from one part of the empire to another. To remedy the inconveniences probably arising from this, it will be necessary to give facilities for enabling them to correspond with their friends, and to make remittances of money. This will tend to remove the feeHng of distance from home, and the necessity for it will decrease as greater numbers settle in the country, and they become organised into a society of their own. 17. I have several forms of contract, but I send only two, which may serve as samples for the rest. These were entered into by emigrants for Sydney and the Sandwich Islands. I send also a form in which the principle has been adopted of giving them an interest in the soil. These people emigrated to the Bashee or Babuyane islands, a small group to the noithward of, and a dependency of Manilla. I am informed tiiat the experiment so far has been successful, but as the emigration only took place recently (about a year ago), it is too soon to form any definite opinion. 18. The emigrants to Sydney and Moreton Bay have given entire satisfaction, and arrangements are now in progress to send in 1,000 more without delay. Messrs. Tait & Co. inform me that the emigrants in Sydney appear to have given up entirely the Chinese dress, and endeavour to, assume as much as possible the manners and appearance of Europeans, so that a shipment of Chinese clothes made to Sydney was found useless and wiis returned to Amuy. This incident, which is quite contrary to their usual practice, shows their aptness for emigration, as it indicates a desire, under favourable circumstances, to naturalise themselves in a new country, and would probably insure their settling permanently on the expiry of their engagements. In general, however, they adhere rigidly wherever they go to their own dress, customs, and national peculiarities, but this may perhaps arise in a sreat INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 81 great measure from their having only been brought into contact with people of a lower BRITISH civilisation, the number of Europeans being too few and scattered to exercise much influence GUIANA, on their social characteristics. 19. If the colonies shall decide upon giving a trial to this emigration, I would recommend that it be left, in the first instance, to (he management of any respectable firm willinj; to undertake the operation; 1,000 or 1,200 men to^Demerara, and 800 to Trinidad, would be sufficient as an experiment. If these should answer well and the colonies desire to carry on emigration upon an extensive scale, it would then be advisable to establish an agent, and to organise a system somewhat similar to that in Calcutta. Better people would be obtained, and the operation carried on with more economy. But at first this emigration must be looked upon as experimental, and any house that may undertake to procure and send forward the emigrants will, from a regard to their own character, and looking to the prospective advantages likely to arise to themselves, if the emigration should be successful, take all necessary precautions to obtain efficient labourers. 20. My absence in Amoy has prevented me from coming to any definitive arrangement with the several parties referred to in the 11th paragraph of my last communication, No. 12, so that the matter is still under consideration. I have a good deal of correspondence, which I shall forward to your Excellency as soon as I can get the letters and papers transcribed. 21. In all my communications with the various parties here and at Amoy, 1 have con- sidered the English Passengers' Act as the basis of negotiation, and have stated distinctly that the general provisions and stipulations of that Act, as far as applicable to this emigration, would be insisted on, as being necessary to the safety and well-being of the emigrants. I have also stated that nine hours of steady and continuous labour, or the taskwork corre- sponding thereto, would be required from the emigrant as an equivalent for his monthly wages. 22. If your Excellency should deem it advisable to issue a proclamation on the subject of emigration from this quarter, I would suggest that it be worded so as to include all ports or places in the provinces of Canton and Fokien. My reason for this is, that the best agricul- tural labourers will probably be obtained not at Hong Kong or Amoy, or other large ports, but at such places as Cumsingmoon, and Namoa. These are opium stations, where the opium receiving vessels lie in sheltered harbours off the mainland ; they are at a distance from any large town, but are close upon large agricultural districts and villages, where ' labourers may be obtained with comparative facility. 23. In comparing this emigration with that from India, I think there can be little doubt as to its superior advantages. The Indians are certainly more docile, and more easily managed than the Chinese, but the latter possess physical strength, industry, and an eager desire to obtain money and to better their position. They have no thought of a return passaae, and hitherto have settled permanently in every country to which they have emigrated. The question as to obtaining a supply of women, seems to be attended with almost equal difficulty in India and in China, and in both Countries a long time must elapse before the diffi,culties can be overcome. I believe that ultimately the cost of emigration from here will be very little higher than from India, and may fairly be represented by the difference in length of voyage, wliich^ under ordinary and similar circumstances, will not exceed 12 or 14 days. Estimating the local charges in India (everything inclusive) at And the shipping expenses - This gives £. s. d. 2 10 - 10 10 - as the average cost of Indian emigration. The local charges in China, under a responsible agent, appointed by the colony, wil! not exceed, probably not amount to, so muc h as tne charges in India, say --------- The freight ought not to exceed ------- This jrives ------£. 13 - £. s. d. 2 10 - 12 10 - &' 15 or a difference of 2l. per man in the cost of this emigration. It will in all probability be more expensive at first, but once regulated, and formed into a system, wdl not exceed the sum named. , i- i j The cost of the return passage will be entirely saved 24 In comparing this emigration with that from Africa, I cannot disguise from myself the conviction that Africa is the proper and legitimate source whence a supply of labour may beltaLd for the West Indies^ I am inclined to look very favourably upon Chmese Sration, for I think their habits and character dispose them to become useful laboui^rs, Se manent settlers ; but the distance hence is very great ; the cost of their emigration w fl be^onsiderable, aAd the difficulty, or rather the apparent impossibihty, of obtaining women and female children except by purchase, present great difficulties in the way of a successfurand permanent colonizatLn. 'on the other hand, the coast of Africa is comparatively 986. ^ 82 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITI8 H near, the cost of emigration will be trifling, and women may be obtained (except in such G U I A N A. cases as the Kroomen) in equal proportion to the men. """" The Chinese possess more intelligence, and habits of greater industry, and have attained a higher civilisation, but, all circumstances considered, it will probably be found that the Africans, especially if they can be obtained at a young age, are better suited to the peculiari- ties of soil and climate in the West Indies, and to supply the immediate want of labour. Their importation will cost little, and there can be no doubt that they will be permanent residents in the country. I have, &c. His Excellency Henry Barkly (signed) Jawes T. White. Governor of Bitish Guiana > &c. &cr Enclosure in Sub-Enclosure 2. Memorandum of an Agreement made this day of a.d. 185 . I, , in consideration of a free passage to the Hawaiian or Sandwich Islands, and for the further consideration of dollars per month, to be paid to me, my heirs, executors, administrators, or assigns, and also for the further consideration of a suitable dwelling, food, and medical attendance, in all cases except where the sickness is contracted by my own imprudence, to be furnished to nie by ,,,■ of Honolulu, in the Sandwich Islands, his heirs, executors, administrators> or assigns, do hereby promise and agree with the said , his heirs, executors, administrators, and assigns, that I will, for and during the term of five years, to begin and be accounted from the day of my arrival in the Sandwich Islands, serve, abide, and continue ■with the said , his heirs, executors, administrators, and assigns, his/ and their covenant servant, diligently and faithfully according to the utmost of my power, skill, and knowledge, do and perform such service and business whatsoever, as well relating to the business of labour on sugar and coffee plantations in said islands, as in and about all other business matters and things whatsoever as the said , his heirs, executors, administrators, and assigns, or any of his or their superintendents or agents, may from time to time order and direct, to and for the greatest profit and advantage of the said , his heirs, executors, administrators, and assigns, so far as lies in my power; and having received from the agent in Araoy, of the said , the sum of dollars advance, 1 agree to repay the same in the Sandwich Islands by a monthly deduction of one dollar from my wa^es until the said dollars be repaid in full. In witness whereof, I have hereunto set my hand the day and year first above written. In presence of Articles of Agreement made and entered into this day of in the year of our Lord one thousand eight hundred and fifty , between George Plomer Collard, of London, of the one part, and , a native of , in the empire of China, labourer, of the other part. Whereas the said George Plomer Collard being about to sail from China aforesaid, by the ship or vessel , for Brisbane, Moreton Bay, in the colony of New South Wales, hath contracted and agreed with the said to enter into the service of the said George Plomer Collard for the term of five years, to be computed from the time of his arrival at Brisbane aforesaid, in the capacity of shepherd, farm and general servant and labourer, and with, under, and subject to the terms and conditions and in manner hereinafter mentioned ; Now therefore these presents witness, that each of them the said George Plomer Collard and doth hereby covenant and agree with the other of them, his executors, administrators, and assigns, in manner following, that is to say : That the said shall and will hire himself -to and serve the said Geoige Plomer Collard as and in the capacity of shepherd, farm and general servant and labourer, during the said term of five years, to commence and be computed from the time of his arrival aforesaid ; and the said George Plomer Collard shall take and employ the said as such servant as aforesaid for and during the said term. That the said shall and will during the said term conduct and demean himself in an orderly and proper manner, and give his faithful and zealous services to the said George Plomer Collard, his executors, administrators, and assigns, and use his best endeavours to serve the said George Plomer Collard, his executors, administrators, and assigns, at such place or places as the said George Plomer Collard, his executors, adminis- trators, and assigns shall from time to time direct, and shall and will well and truly obey all the orders of the said George Plomer Collard, and all such person or persons as shall be placed in charge over him as superintendent or overseer by the said George Plomer Collard, and also shall and will make himself generally useful in performing any duties which fnay be reasonably required of him by the said George Plomer Collard, his execiitors, adminis- trators, or assigns, or his or their overseer or superintendent. That INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 83 Thiit the said George Plomer Collard shall and will at the end of every three months BRITISH during the said terna ot five years aforesaid pay or cause to be paid to the said G V I A^ A. for such his due and faithful services aforesaid, after the rate of three dollars per month in British sterling money, at the exchange of four shillings per dollar, such wages to commence trom the date of his arrival as aforesaid; and also shall and will, during such faithful servitude ot the said , provide or cause to be provided for the said the tollowmg weekly provisions, viz., nine pounds of meat, eight pounds of flour, one-eighth of a pound of tea, and one pound of sugar. ' & , '^1'^' j^^ -^f^^ ' '" consideration of his passage by the vessel aforesaid, shall and will consent to be assigned, by written indenture or agreement if necessary, to, and serve such person or persons within the colony of New South Wales aforesaid upon the terms ot this agreement, as the said George Plomer Collard, his executors, administrators, or assigns shall think fit and proper, and shall and will enter into a contract or agreement with such person on the terms herein contained; also shall and will pay by four equal quarterly payments to the said George Plomer Collard, his executors, administrators, or assigns, or to such person to whom he may be assigned, out of the first monies or wages to be received by him the said , the sum of dollars now advanced to him. In w^itness whereof the said parties to these presents have hereunto set their hands and seals tile day and year first above written. Signed, sealed, and delivered by the said George"! Plomer Collard, in the presence of - - ° -J Signed, sealed, and delivered by the said 1 , the contents of this agreement having I been first read over and explained to him in the f Chinese language by - - - - -J Mr. James Tait, Spanish Vice Consul at Amoy, in the name of, and in representation of, Messrs. Maiia, Menchacatorre and Co., Mr. B. A. Barreto, and Mr, J. B. Marcaida, on the one part, and the Chinese on the other part, have agreed and contracted as follows : — 1. The Chinese engages to proceed and establish himself on the Batanes or Babuyanes Islands, and there to devote himself exclusively to the cultivation of the grounds to be allotted him by the above mentioned body or company, of which Mr. Marcaida is at present director. 2. The term for which the Chinese engages to work in the agriculture of the said islands is for five years. 3. Mr. Marcaida will advance the cost of the passage money of the said to the said islands, and he will advance him in Amoy the sum of dollars, where- with to purchase clothes and other necessaries. 4. Mr. Marcaida will advance the cost of the tools or implements necessary for the work. 5. Mr. Marcaida will supply the cattle which may be necessary for the labour of the ground. 6. Mr. Marcaida, if it appear to him desirable, will supply with cows, goats, &c. for the purpose of breeding, and any profit thereon is to be equally divided. 7. Mr. Marcaida will provide for daily food of ube, gabe, camote, ducay, and maize, with a proportionate quantity of ulam, and in the quantity necessary for the daily sustenance of a labourer for six months, except in cases hereinafter specified. , 8. The first labours of shall be directed to the cultivation of plants, &c. suitable for his own sustenance. 9. shall exert himself to produce by his labour as soon as possible, the articles necessary for his sustenance ; and so soon as this is attained (though the six months specified in art. No. 7 have not expired), he shall cease to receive rations from Mr. Marcaida. 10. The expense of the passage of , the cost of the tools, the expense of the maintenance of , the cost of the cattle, seeds, &c., and all other expenses incurred, and outlays made by Mr. Marcaida, shall be deducted from the produce of the labour of , and after this deduction is made, the remainder shall be divided into two equal parts, one for , and the other for the company, of which Mr. Marcaida is director; but before dividing the produce, will have the disposal, of what of the ube, gabe, camote, and vegetables he may have grown, he may require for his own consumption. 11. The expenses and advances of which the foregoing article treats, shall be deducted from the produce of the labour of in the two first years of his contract, with the exception of his passage money, which will be deducted in the three last years in equal parts, so that in the five years of his contract shall have repaid the company all the advances and expenses mentioned in articles 3, 4, 5, 6, 7 and 11. 12. If should not devote himself to agriculture, or should refuse to work in the manner customary and reasonable for a labourer, and by his bad conduct neglect the cultivation of the ground; his daily rations will be immediately suspended, and he will be g86. N 2 compelled 84 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH compelled to repay all the expenses and advances incurred on his account, and Mr * GUIANA. Marcaida will be at liberty to dismiss him and oblige him to leave the islands, to preveii any ill consequences from his bad example. 13. Mr. Marcaida is security to that the soil of those islands is fertile, that the water is good for drinking, that the climate is healthy, and that the natives of the said islands shall not in any way molest him. 14. Mr. Marcaida is security to that for 15 years he shall not have to pay any tax whatever, and that after 15 years are past, the Government tax will be two reals per month, and if likes to take with him from China, his wife and children, they will likewise be exempt from taxation on the same terms as 15. Mr. Marcaida, with the view of encouraging the exertions of obliges himself to renew the contract after the expiry of five years, for as long as or his heirs may wish, but with the stipulation, that in such a case, shall always be represented or substituted by an able-bodied labourer of more than 16 years of age, approved of by the company; and with the further condition, that or his repre- sentative shall never sell the ground, nor transfer his obligations or rights under the contract, without the approbation of the company; and also with the stipulation, that if he leave oft for one year, the cultivation of any of the ground he previously worked, the com- pany are at liberty to take said ground from him, and give it to whom they please, without being entitled to any remuneration for the same. 16. If during" the first five years should become sick, and his health be not restored in two or three months, and he should wish to leave for Manilla or Amoy, Mr. Marcaida will pay his passage to either place, and will not recover from him any of the advances due. In such a case, however, to Mr. Marcaida will belong the right to all the ground wliich may have worked. Lastly, the intended meaning of this contract is, that while works with assi- duity, and behaves himself well, fulfilling the conditions of this contract, and while can substitute in his place a man of more than 16 years of age, approved of by the com- pany, he and his heirs shall possess the right to continue cultivating the grounds they may have opened, it being an express condition, that the obligations entered into in this contract are understood to be valid between and whoever may, in place of Mr. Marcaida, represent the company, or may have acquired its rights. In witness whereof, we, namely, Mr. James Tait as representative of Mr. Juan B*" Marcaida, director of the Company, and Chinese for himself, have hereunto afiixed our signatures at the Spanish Vice-Consulate, Amoy, this day of in the year of our Lord One thousand eight hundred and fifty Sub-Enclosure 3, in Enclosure in No. 1. ^ * castors, and would re-establish their ancestral halls ni their new locations, but a paramount difficulty still remains. The women being small-footed, would be useless as labourers, and the cost of emigration would be greatly enhanced without any corresponding benefit. Your Excellency will perceive that there is great difference of opinion among the Chinese themselves as to the probability of obtaining women and families. At first, no doubt, there will be considerable difficulty, but if the accounts sent home by the men, and the amount their remittances, be considered satisfactory, I am inclined to think, after comparing all the information I have received, on the subject, that by judicious management the difficulties may be overcome, and the emigration placed on a healthy and advantageous footing. 11 in a separate Owing With reference to the probable cost of emigration, 1 have addressed your Excellency jparate communication, containing such further information as I am possessed ot. the continued arrival of American vessels from" California, which, from their superfor sailing qualities, are preferred for the conveyance of silks ar:d teas, u great number 986. ° N4 their er of 88 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH of British vessels are now seeking employment, and might be obtained for emiitratiort G U I A N A. purposes at a reasonable rate. The principal diflBculty whicli occurs to me is with regard — — to a supply of proper butts or casks for water. These could not be obtained in sufficient number to meet any sudden demand, and there is no wood in the country applicable to the construction of water-tight packaoes. There would be some difficulty also in procuring surgeons if the conditions of the Pas- sengers' Act were rigidly insisted on. The Chinese are great adepts in medicine and surgery according to their own notions, and I am informed that a respectable man might be obtained to .r*°" with did; but it was the opinion of those gentlemen, in which we entirely concurred, that the emigration was one which could not be safiely allowed to fall into chance hands, and that no steps should therefore be taken till it could be commenced under Government superintendence. With this view the committee desired that further proceedings should be postponed till the arrival in this country of Mr. White, who tiiey hoped would undertake the management of the service in China. ^p, 4. On the 16th of December last we were infoi'med that the Court of Policy had decided •ptvcW*'"^ V\v** ^'^ expending 50,000/. of the guaranteed loan in the importation of Chinese, and was content vctn^^ t5o.'^5'' to leave the conduct of the emigration to Her Majesty's Government; Governor Barkly, X)e£V^ ftri.^„^ however, stated that it was generally thought best to arrange with some great mercantile ^ Oc^;:^'^^-'''''^ firm for a fixed supply of labour at fixed rates. 6. Meantime, however, a bounty of 100 dollars was payable on Chinese emigrants, and as Mr. White's arrival was delayed longer than had been expected, we received a variety of applications from shipowners for information respecting this bounty. The course we pursued in such cases was substantially the same, simply to place at the disposal of the inquirers, if they chose to consult it, such information as we possessed, namely, the colonial ordinances. But we were unable to give them any authoritative, or, indeed, any opinion respecting the extent to which, under the terms of the colonial ordinance, a compliance with the EnoHsli Passengers' Act would be insisted upon as a condition of receiving bounty. Under this uncertainty, and as certain provisions of the ordinance could not be literally complied with, only one firm in England, as far as we are aware, engaged in the enterprise, Messrs. Hyde, Hodge, and Co. Those gentlemen, whose experience of colonial matters, joined to the knowledge which they had obtained, that one or two ships had left British Guiana with the view of obtaining the bounty, led them to believe that they would run no risk in embarking in the enterprise, early informed us that they had decided to send two or three ships to Chinii with this object. 6. On Mr. White's arrival in England in the beginning of June, an endeavour was made to persuade Messrs. Dent & Co. to take the emigration into their hands. It was supposed that their wealth, experience, and connexions would enable them to ensure a successful prosecution of the undertaking, and there was reason to believe that they would have under- taken it on terms of receiving a commission on the money expended, which it was further supposed by Mr. White, and by a partner in the house of Messrs. Dent, would not exceed 100 dollars a head. The West India Committee were extremely desirous that these terms should be accepted, but Messrs. Dent, in the event, declined to take the conduct of the matter, and the committee expressed their desire that Mr. White should be sent out as a Government agent, with a salary of 1,000/., to run on continuously fi'om his first appointment as agent tor the colonies. 7. To this proposal we believe, after some negotiation with the committee, Mr. White acceded, and accordingly left England for China by the mail steamer of August ; his formal appointment was delayed from the necessity of communicating with the Foreign Office, but that appointment, with the necessary instructions, were transmitted to him by the last post. We enclose a copy of the instructions, as revised and approved by the Secretaiy nc%V, page^ of State. 8. But before Mr. White's appointment it had been ascertained that measures had been taken for a far larger bounty emigration than had been oris>inally imagined, Messrs. Hyde, Hodge & Co. having in fact instructed their agent in China to ship, if possible, no less than 1,200 emigrants for British Guiana. And it appeared probable that the ships despatched with the same object from the colony would raise this number to nearly 1,700, at an expense to the colony (if all were landed alive) of 34,000 Z. 9. This being the state of the money applicable to this service, it was obvious that no large number of ships could be safely engaged in England. We proposed to take up two, and the West India Committee were anxious that at least that number should be engag. d in England, if the freight were below 16/.; but on advertising for lenders only orie was sent in, that of the ship " Martin Luther," which we engaged (us ultimately arranged) at the rate of 16/. 7 s. per statute adult. It will be seen by the charter party (of which wc enclose a copy) that she is to be placed at the disposal of Mr. White, at Hong Kong, on the INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 93 the 1st of February, which will enable the ship to leave China before the setting in of the BRITISH south-west monsoon (a point on which the West India Committee have uniformly GUIANA. expressed great anxiety), and also to secure a tolerable passage round the Cape of Good Hope. 10. We have instructed Mr. White that he will be at liberty to take up further shipping for the service on the spot; but under the circumstances, we have been unable to lay down the limits of his expenditure more definitely, than by informing him of the liabilities actually incurred, or likely to accrue, and instructing him to ascertain the extent to which bounty emigration has actually been carried on, and to expend tiie remaining bulance, leavini;- a margin of 2,000^. for accidental expenses, over and above the deductions from tlie boun- ties which may arise from deaths on ihe voyage. 11. We have also instructed Mr. White, that in filling ships, it will be sufficient to allow the space of 12 feet per statute adult required by the Indian Law, instead of 15, as required by the Passengers' Act, which, of course, does not extend to an emigration from a foreign country. We have felt justified (on the suggestion of the West India Committee) in making this relaxation, because the ventilation and fitting of the ships emjiloyed will be now subject to the inspection of a government officer; because it appeared probable that the Indian Government would have exercised a sound judgment as to the space required for orientals, and because we found that the emigration from Madras, which wiis conducted on that principle, had been very healthy; the average mortality amounting only to 147 per cent. The far larger mortality in the Calcutta ships is well known to have proceeded from cholera. 12. We now proceed to state the steps which we have taken with regard to Trinidad. By your letter of the 19th of January 1852, we were informed that this colony desired the introduction of 1,000 Chinese, but on the grounds already mentioned, we concnrred with the West India Committee, that it would be better to defer the commenceinent of the emi- gration till it could be set on foot by Government. For a long time, therefore, we took no steps in consequence of your letter, but when we learnt that emigration to British Guiana was already set on fool by private persons, we felt that the planters of Trinidad might be very naturally discontented if they heard of arrivals in tlie sister colony, while they were depriv'ed of any corresponding supply of labourers, with an alleged object, which those very arrivals showerl to have failed. We also felt uncertain how iar the expressed wishes of the West India Committee (to whom no reference had been made in your letter of the 19th January) would be considered by the Trinidad colonists as justifying our inac- tion ; but we entirely concurred with the committee in their reluctance to allow the new and delicate operation of collecting emigrants in a country like China, to fall into the hands of chance tenderers, and we therefore thought it the safest course to request Mr. Hodge to send to Trinidad one of the ships ("The Clarendon ") which he had mformed us he was about to send to British Guiana, and on the same terms on which he was to send them to that colony. This arrangement was subsequently extended to two other ships, which will •exhaust the whole number which we are directed to send to Trinidad. Of the ships thus en- gaged, the "Clarendon," it is hoped, will have shipped her emigrants at Amoy in September. The "Australia," a ship capable of carrying, under the Passengers' Act, about 656 persons, was to arrive there before the 16th of November. The third would be taken up in China. 13. Our engagement with Messrs. Hyde, Hodge 8c Co. (of which we enclose a copy for ^transmission to Trinidad) was made before Government superintendence could be counted upon, and we have accordingly required the space of 16 feet for every adult. But we anti- cipate that one, if not two of these ships will, in fact, fall under Mr. White's superintendence, and with reference to the last of the three ships, we have instructed that gentleman, that if he finds he can do so with advantage to the colony, he will be at liberty to be satisfied with a space of 12 feet, and also (having ' reference to the difficulty of procuring ships of pre- cisely the required size) to allow the shipment of somewhat more than the exact number of 1,000. , . 14. We rust that these arrangements will be satisfactory to the colonies concerned ; but we would point out that we shall now have exhausted the sums applicable to this emigra- tion, and that we ought to receive an intimation what fresh sums will be devoted to it in time' to take up shipping for the next season, which, with the double object of seeming the benefit of the monsoon, and avoiding the winter passage round the Cape, should, vve think, be confined as much as possible within the period now allotted to the Calcutta emigration, namely, from September to February (or March) inclusive. •" ^ We have, &c. Herman Merivale, Esq., (signed) T. W. C. Murdoch. &c. &c. &c. iredenc Rogms. Sub-Enclosure to Enclosure in No. 3. Colonial Land and Emigration Office, Sjj. 23 Octobei- 1852. I AM 'directed by the Colonial Land and Emigration Commissioners to inform you that the Secretary of State has appointed you to the office of Government Emigration Agent at the Port of Victoria, and at such other pons on or near the coast of China as the Governor of Hon<- Kono- shall designate. You will please to understand that the service to which 986." . ° o 3 yo» 94 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY m BRITISH y°^ ^''6 ^^'^^ appointed being of very doubtful duration, the appointment is not of a per* GUIANA, manent nature, or such as to give rise to a claim for compensation for loss of office. 2. Your duties will have relation first to a bounty emigration which is at present in pro- gress to British Guiana and Trinidad, and next to such further emigration as shall be set on foot under Government superintendence to these or to any other West India colonies. 3. Arrangements have been sanctioned by Her Majesty's Government for sending three ships on bounty to Trinidad ; and there is reason to suppose that private shipowners have taken steps in pursuance of a recent colonial ordinance to import about 1,700 Chinese into British Guiana. It is probable that these emigrants will be dispatched from Amoy. But this it will be your duty, in the first place, to ascertain, and to use the influence which you possess as Government agent to facilitate or secure their judicious selection and proper treatment. You will probably find httle difficulty in effecting this, as regards Trinidad, the matters being in the hands of a single shipowner, who has contracted with this Board to supply a dietary approved by this Board, and toplace no greater number of emigrants on board than is allowed by the Passengers' Act. As regards British Guiana, you will observe by the eighth clause of the ordinance. No. 20 of 1851, every vessel taking emigrants from a port for which you are appointed agent will be unable to obtain bounty unless fiir- nished by you with a certain list and certificate. If you should find that the authority given by this ordinance could be exercised with advantage in any Chinese port you will request the Governor of Hong Kong to designate that as one of the ports for which you are to act as Government agent. 4. It will not be at present necessary to send any emigrants to Trinidad beyond those whose conveyance is already provided. To British Guiana as great a number should be sent out as with those who may be dispatched on bounty can be paid for by the sum of 50,000/., which has been appropriated to that purpose by the legislature of British Guiana. You will, however, receive by this post more specific instructions respecting the number of emigrants to be sent out, and the mode of providing shipping. 5. You are yourself fully aware of the class of emigrants required for the West Indies; but I am to impress upon you the extreme importance, both morally and economically, of sending as large a proportion of females as possible. 6. With the male labourers you will be authorised to make contracts, if possible, on the terms laid down by the Court of Policy of British Guiana, in a Minute from which I annex an extract. But if possible, you will consider yourself at liberty to increase the proposed advance authorised by that Minute, especially in the case of women, and to offer wages amounting to five dollars a liead per month, with food and lodging, or seven dollars without such allowance. These contracts, as you are aware, may be made for five years, but ar& determinable by the emigrant at the end of each year, and should be made with the for- malities prescribed by the 5th clause of the British Guiana Ordinance, No. 22 of 1851. 7. You will also be authorised toincur the expense necessary for procuring and sending out at least one competent interpreter in each ship, and, of course, those contingent on the collection of the emigrants and their maintenance for a short period before their embarkation. 8. Your salary will be at the rate of 1,000 Z. per annum; and you will be considered to have been continuously in the employment of Government at that rate of salary since the date of your first appointment in September 1850. For this salary, as well as for your travelling expenses, and for the sums which you are authorised to expend in the collection and shipping of emigrants, not exceeding, until further orders, 2,000 L, you will be at liberty to draw bills upon this Board at not less than 30 days' sight, transmitting to them, however, proper advices of such drafts, and furnishing them with quarterly accounts, countersigned by the Governor of Hong Kong, who should also certify, as required by the British Guiana Ordinance already referred to, that, as far as he knows, the expenditure has been incurred in conducting the emigration of Chinese to the West Indies, and appears to him just and reasonable. 9. The freight of any ships which you may engage in China should be made payable by bills drawn by the Governor of British Guiana or the Commissioners, at not less than 30 days' sight. 10. In conclusion, the Commissioners are directed by Sir John Pakington to apprise you, that Her Majesty's Government have undertaken to authorise the expenditure of pubhc money and the employment of public agency in promoting emigration from China, under the impression that the law of the Chinese empire against the emigration of its subjects, which is said to have once existed, has fallen into desuetude; but that if the fact should prove to be otherwise, and if the Chinese government or public authorities should insist upon that law having present force and effect, and should consequently oppose the emio^ra- tion, it will be your duty at once to desist from any operations within the territory of China (if any should have been there carried on, either by you or by any persons acting under your authority and direction), which may involve a contravention of that law. I have, &c. (signed) S. Walcott, J. T. White, Esq. Secretary. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 95 Extract from the Minutes of the Proceedings of the Court of Policy, held 25 August 1851. Your Committee would, therefore, respectfully recommend As it appears that the Chinese labourers require to be guaranteed a certain rate of wages for the period of service, we recommend the emigration agent, at the port of embarkation in China, to be instructed to engage them at wages not exceeding four dollars per month, and the scale of allowance of food as stated in the annexed mennorandum, stating at the same time, that if they should prefer to be paid at the same rate for the work they perform, they finding their own provisions as other labourers in the colony, they would have the option of doing so. That the emigration agent be authorised to advance a sum not exceeding 10 dollars to each effective emigrant before embarkation, to be repaid by instalments in British Guiana. Scale of allowance of food for Chinese emigrants, being similar to that fixed for African ships : — Biscuit - - - - - - ^ lb. Rice - - i lb. Beef, pork, or salt fish - - - jj lb. Women to receive the same rations as men. BRITISH GUIANA. — No. 4.— (No. 7.) Copy of a DESPATCH from his Grace the Duke of Newcastle to Governor Barkly. Sir, Downing-street, 26 January 1853. I HAVE to acknowledge the receipt of your despatch of the 2d October last, No. 1 56,* transmitting a copy of a proclamation you had issued, notifying the reduc- tion, in the case of vessels clearing from British Guiana after the 31 st March last, of the bounty on Chinese immigrants from 100 to 80 dollars. I concur with you that it would have been better that the former proclamation should have been withdrawn altogether upon the completion of the arrangements for carrying on this service, under the superintendence of Mr. White, and I think it is not improbable that the Court of Policy may have adopted the same idea upon the receipt of my predecessor's despatch of the 1st November last. No. 76 .f But, under any circumstances, I think it is absolutely necessary for ensuring the proper conveyance of these people, that the payment of the bounty should be made contingent, in addition to other regulations, on obtaining a certificate from Mr. White, that the vessel has been cleared with his sanction. I have, &c., (signed) Newcastle. No. 4. Duke of Newcastia to Governor Barkly. 26 January 1853. * Page 8. t Page 91. — No. 5. — (No. 10.) Copy of a DESPATCH from his Grace the Dvike of Newcastle %o Go\eriioT Barkly. Sir, Downing-street, 31 January 1853. I TRANSMIT to you herewith, for your information, copies of two letters from the Foreign Department, forwarding copies of despatches and other documents, received from Dr. Bowring, relating to the emigration of Chinese labourers. I also enclose a copy of a letter from the Colonial Land and Emigration Com- missioners, to whom these papers have been referred. I have, &c. (signed) Newcastle, No. 5 Duke of Newcastle to Governor Barkly. 31 January 1853. 986. O4 Enclosure 96 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH GUIANA. ' Enclosure 1, in No. 5. End. 1, in No. 5. ^^ Sir, Foreign Office, 4 December 1862. \'i1''^^ I AM directed by the Earl of Malmesbury to tr.ansmit to you, for the information of ^°" iSB^-—^ Secretary Sir John Pakington, a copy and an extract of two despatches from Dr. Bowring — -'^SeVii^^'^'^ relative to the emigration of Chinese coolies. yh-^^""^^^ I am, &c. H. Merivale, Esq. (signed) H. U. Addington. &c. &c. &c. Enclosure 2, in No. 5. End, 2 in No. 5. Si"*, Foreign Office, 27 December 1852. With reference to my letter of the 4th instant, I am directed by the Earl of Malmesbury bev 1*5*'^ to transmit to you herewith, to be laid before Secretary Sir John Pakington, copies of ^ QcV^ further despatches from Dr. Bowrinsr, respecting the emigration of Chinese coolies, and " also a letter under flying seal from Dr. Bowring to the Governor of British Guiana on the same subject. I have, &c. (signed) H. U. Addington. Enclosure 3, in No 5. End. 3, in No 5. Colonial Land and Emigration Office, Sir, 7 January 1853. 1. We beg to acknowledge your letter of the 18th ultimo, enclosing the copy of a letter from the Under Secretary of State for Foreign Affairs, in which he transmits the following documents relating to Chinese emigration : — 1. A letter from the Superintendent of Trade at Hong Kong, respecting the means of preventing abuses in English ships concerned in that trade. 2, 3, and 4. Letters from the consuls at Canton and Shanghae, and from the first assistant at the Amoy Consulate, containing answers to a list of queries proposed by Lord Maluiesbury's directions to the consuls at Chinese ports. •2. We also take this opportunity of enclosini^ the copy of a letter which we have received from Mr. White, the recently appointed emigration agent in China, reporting the first steps which he had taken on his arrival at Hong Kong. 3. The mutinies and loss of life which have taken place on board the " Lady Montague," and other vessels conveying Chinese emigrants, have led the English Government to consider whether any measures could be taken for imposing rules on this emigration so far as it is carried on in British ships. Such rules might be enacted by the Legislature of Hong Kong, or by Order in Council under the Act 6 & 7 Vict. c. 80, but if so passed they would only be binding in China, and within 100 miles of the coast. In order to give them a sreater extension, the consul at Shanghae urges that they should be imposed by Act of Parliament, 4. We would point out, however, that under any circumstances it would be very difficult to enforce the law against any Britisli ship after it has left China for any foreign country ; so that in this case the Legislature of Hong Kong would be competent to enact almost all that could practically be carried into effect. 5. But Dr. Bowring observes that, even in China, any British law could only be enforced through ihe British Consuls, and that the persons concerned in the emigration could, with the support or connivance of the Chinese authorities (which would be readily obtained), ship their emigrants at places at which no British consular authority existed, and in which consequently the ships would escape even the general check on their proceedings which is derived from the presence of such an authority. If this be so, it appears to us to present a very great obstacle to the enforcement of any effective regulations on ships (even though British) • These despatches will be found printed at pp. 6 to 18 of " Correspondence with the Superin- tendent of British Trade in China upon the subject of Emigration from that country," presented to The Hoiise of Commons by command of Her Majesty, 20th August 1853. t This despatch will be found printed at p. 1 8 of " Correspondence with the Superintendent of British Trade in China upon the subject of Emigration from that country," presented to The House of Commons by commimd of Her Majesty, aoih August 1^53. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 97 * British) proceeding from China to any other foreign country. Itis, liowever, possible tliat BRITlSli if penalties were imposed on any British ship which took in passengers before receiving GUIANA, a certificate from the Consul of the seaworthiness and other necessary matters, or took in a greater number than was allowed by that certificate; and if in the first instance the power thus given was exercised with caution and forbearance, shipowners might not find it worth their while to resort to other places of embarkation ; and, if they did, the emigration from the great ports might obtain a superior character for safety and accommodation, which would draw emigrants, and consequently the emigrant trade thither. This, however, appears to be a matter to be considered by the Foreign Office and Board of Trade, who are best able to estimate what can be effected" at their foreign ports. In any case it is to be hoped that, as these mutinies are said to have arisen from want of consideration for the Chinese, ship- owners will find themselves obliged, by motives of mere self interest, to consult the feelings of those for whose conveyance they undertake ; and we should point out that the Assistant- consul at Amoy expresses his opinion that the crowding of vessels has not been carried so far as might have been expected in an unregulated trade, and that the amount of provisions put on board has generally been ample. 6. The emigratiunto Biitish colonies is more susceptible of regulation, as a check can be applied at the port of disembarkation. 7. That to Australia is conducted as a matter of private speculation, without any aid from Government; but we are not aware that hitherto any abuses have occurred in it. We would recommend that the authorities in New South Wales and Victoria should be directed to watch the emigration, and in case any serious abuses should come to light or appear pro- bable, to propose to the Legislatui'e an Act imposing penalties on all ships bringing immi- grants to those colonies in which it should appear that a certain portion of space had not been allotted to the emigrants, or a certain issue of provisions made regularly to them throughout the voyage, or that the ship had left China in an unseaworthy state. The details of such a measure it would, of course, be for the local authorities to determine. 8. The emigration to the West Indies is as yet in its commencement; probably by this time five or six ships will have left China for Demerara or Trinidad. This emigration, with the exception of a few ships proceeding on bounty to British Guiana, will be entirely con- ducted by Mr. White, the recently appointed Emigration Agent. Over this, therefore, the control of Government is complete, and no abuse is to be apprehended; and the proceed- ings of private ships maybe controlled, from the circumstance that the bounty on Chinese emigrants is not legally claimable (Ordinances 20 and 22 of 1831), unless the ship bringing them to the colony shall have been inspected, and proper certificates given by the Govern- ment Emigration Agent at the port of departure. It will be seen by reference to the Instructions first issued to Mr. White that this point has been fully attended to. We are indeed ourselves of opinion that Government emigration being now set on foot, the bounty Commissioners* might very properly be withdrawn. There are evident inconveniences in the concurrent Report, 28 OcU existence of two systems of emigration, one of which is, that a given sum being voted for emigration, it is impossible to predict with certainty how much will be claimed by persons importing immigrants on bounty, and by consequence how much remains available for purely Government emigration. 8(b). But if the bounty be retained, we think the clauses requiring the certificate of the Government Emigration Agent, as a condition of its payment, should be more clearly framed. They should, we think, declare that bounty should not be payable on Chinese immigrants except they were shipped at ports at which a Government Agent had been ap- pointed, nor without a certificate from him, or some person deputed by him, stating the number of emigrants placed on board; that the ship was seaworthy; that a space of 12 superficial and 72 cubical feet per adult was allowed to the passengers; that provisions and water equal to 25 weeks' supply, on a scale to be fixed by the Emigration Agent, had been placed on board ; nor unless it appeared that the emigrants had been well treated on the voyage, and provisions issued according to the above-mentioned scale. 9. The enclosures to Dr. Bowring's despatch contain merely matters of information, from which, however, it may be useful to select some leading facts bearing on the prospects of the emigration. The statements of the different consular authorities are so much of the same character with each other, and with the reports previously received from Mr. White and others, that they need not be separately stated. 10. The Chinese appear to be valuable immigrants, fitted for labour in the West Indies, and reaoy to leave their country in almost any numbers. From Amoy alone it is said that 6,000 or, with improved facilities, 12,000 emigrants might be procured annually. The Canton people are said by the Consul to be strong, intelligent, thrifty, industrious, and of all Chinese the best adapted for labour in the West Indies. Those of Amoy are described as persevering, and suflSciently robust, but slow. A large average of industrious and quiet labourers might be procured there, though it is not to be expected (nor indeed desired) that persons better off in the world would emigrate to the West Indies. The Shanghae people are good humoured and fairly industrious, but they do not bear to be hurried or kept too close to their work. Without a certain amount of idling and holiday-making they become sulky and impracticable. 11. The wages of an ordinary labourer* near Canton appear to be at most two dollars a * P.S. — 11 Jan\ month with his rice ; and in the neighbourhood of Amoy 3 rf. or 4 -ed for the voyage to the West Indies for 200 /. sterling. I will send, also, an interpreter, now conditionally engaged, under contract for two or three years. I have iust seen a Manilla Price Current of the 13th mstant, which states that the " Martin Luther" had sailed for Sydney on the 8th of January, with a cargo of sugar, &c., &c. There is not therefore, the slightest chance of her being here ; and it rests with the Commis' sioners to enforce the penalty or not, as they deem it most advisable under the circumstances. S. Walcott, Esq., (signed) J. T. W. Secretary to Colonial Land and Emigration Commissioners. (No. 4.) My dear Sir, „ H«"g Kong, 19 January 1853 When I had the pleasure of seeing you in Penang, at the latter end of 1851, and also for a few minutes last September, you expressed some interest in the success of emigration from China to the British West Indies, and kindly promised to render any assistance that would conduce to put the emigration on a sound and healthy .basis, and I now take the liberty of addressing you on the subject. . rp ■ • , j , n -r. About 800 emio-rants have been sent to Demerara and 700 to Trmidad (all these are from the Fokien province, with the exception of about 260 from Whampoa), and it is pro- bable that a 1,000 or 1,500 more will be sent before the close of the season. I am anxious to get interpreters for these people, as I find it difficult, if not impossible to eet any here I have no doubt some of the lads at the school, which you were kind enough to take me to visit, would answer very well, if they were disposed to go. I wrote to Mr. Forbes Brown by the last mail, and am prepared to sanction any arrangement he may enter into to procure their service. i ^ • x • ■ j r » ^f The Chinese emigration is entirely a Government measure; that is, it is paid for out ot colonial funds, and is sanctioned by the Home Government, and is m fact on the same footine as the emigration from Calcutta to the Mauritius. You will probably have seen in the papers an account of some disturbances at Amoy connected with emigration from that port. These were occasioned by the want of system, which admitted thefefore of the perpetration of abuses by the crimps and by excessive com- petition among the merchants engaged in procurmg emigrants. Now everything is quiet 986. ^ 114 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH ^"^ ^ believe likely to continue so, but for the present, emigration has been almost entirely GUIANA, suspended, and has been transferred to Namoa. One vessel has been sent from Whampoa with a set of fine and effective people, and I intend to try one from Hong Kong. The vessels with emigrants for Cuba have been unfortunate, and disasters of various kinds have occurred among them; but as yet nothing has occurred to any of the vessels for Demerara and Trinidad of which I am aware, except in the case of " Lord Elgin," and that appears to have befen a matter of no consequence. I forward this through his Excellency Dr. Bowring, who has kindly promised to address you. Believe me, &c., His Excellency, E. A. Blundell, (signed) J T. White. OfBg. Governor of the Straits Settlements. (No. 7.) Notice. The English settlements in the West Indies are in want of labour for the cultivation of sugar, cotton, cofifee, and other tropical productions, and for this reason are anxious to have the services of healthy able-bodied Chinese coolies, aecustomed to field labour. The climate of these countries is the same as at Singapore, and there is no cold weather as in China. The work the coolies will have to do is the same as the work required for growing sugar and riee in China, and with the same implements they have been used to. The voyage is a long one, but everything will be done for their comfort and amusement. On arrival at the English settlements their health and comfort will be cared for, even more so than if they were living in their own country, and their national habits and customs will hot be interfered with. They will be able to send letters twice every month to their friends in China, and if they have any money to send it will be forwarded for them (Government will enable them to do so) two or three times during the year. They will require to enter into contract here to serve in those settlements for the term of five years ; but they will be at liberty to terminate the contract at the end of the first year after their arrival, or at any subsequent time. They will then be entirely their own masters, on payment, to the magistrate of the district where they choose to reside, of a small monthly tax. Or they may terminate the contract as soon as, and whenever they please, on payment of a sum proportionate to the cost of their passage, and the period of time they have served.. Thus, if one half of the five years for which they had contracted have elapsed, they will have to pay only one half of the cost of their introduction, and so on in proportion. They will receive here, on signing the contract, two months' wages in advance (paid in dollars) and two suits of cotton clothes (one of them wadded), two pair of stockings, two pair of shoes, one bamboo hat, one felt cap, and one bed cover. The clothing is given to them, but they will have to pay back the two months' wages advanced to them, at the rate of one dollar a month deducted from their wages, in the new country. Every coolie will receive in the English West Indies monthly wages of dollars a month and two suits of clothes during the year, and if he is sick medicines from the doctor, and he will receive the following allowances of food every week : \0\ lbs. of rice or flour. 3 J lbs. of beef, pork, or salt fish. 1 lb. of sugar. 34 oz. of tea. If any coolie, after being in the country for some time, finds that he can live better oh two dollars a month, that sum will be given to him in place of the above allowances. No coolie will be required to work on the Sunday, except in case of necessity, and then he will be paid extra. If he takes two dollars a month to find his own food and clothes, a piece of ground will be given to him to grow vegetables. Every coolie who chooses to do so may take his wife and children with him, without having to pay anything for their passage. A little money will be advanced to them here, and they will be paid for any work they can do in the fields. The governors of the English settlements secure the performance of all that has been promised. An interpreter has been engaged to remain in the country for three years, for the purpose of enabling the coolies to explain their wants and wishes, and these will always be complied with by the authorities, to the full extent of this engagement. The interpreters will accom- pany the coolies in the first vessel. Any further information, and copies of this notice, may be obtained on application at the office of William Scott, Queen's-road, Hong Kong. (signed) James T. White. Hong Kong, 18 January 1863. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 115 — No 10— BRITISH (No. 48.) G ULAN. A. Copy of a DESPATCH from His Grace the Duke of Newcastle to Governor Barkly. No. 1 0. gj. Duke of Newcastle »5ir, Downing-street, 14 May 1853. to Governor 1. I HAVE to acknowledge the receipt of your despatch of the 11th February Barkly. last, No. 21,* transmitting two ordinances passed by yourself and the Court of H May 1853. Policy, entitled respectively : — i^age 25. " An ordinance for regulating the rights, duties, and relations of employers No. 2 of 1853. and servants in the colony of British Guiana." See App. p. 171. " An ordinance to repeal certain ordinances now in force for the regulation No. 3 of 1853. and encouragement of immigration into this colony, and to make other pro- See App. p. 174. visions in lieu thereof." .2. The ordinance No. 2, of 1853, appears to me to effect some material im- provements in the state of the law between masters and servants, as enacted by No. 2, of 1848, especially in that part of it which regulates the liquidation of rent by labour. The practice of confounding rent with wages cannot but be injurious, under any regulations which can be devised ; but the provisions of the present law are just, and I trust that they may mitigate the evils of the system. 3. I have, therefore, to convey to you Her Majesty's gracious confirmation and allowance of this Ordinance, which you will cause to be notified in the usual manner. 4. I wish that it were possible for me to regard with equal satisfaction the pro- visions of Ordinance No. 3. This is an ordinance of great importance, not enacted in concert with Her Majesty's Government, and containing provisions for which Her Majesty's Government were wholly unprepared by any previous communica^ tion. 5. The ordinance no doubt comprises many provisions of detail which are un- objectionable, and which did not require any previous authorization by the Secretary , of State or the Board of Control ; but it is altogether otherwise with those which make highly important changes with regard to the nature of contracts with immigrants and the terms on which return passages are to be given to coolies : and the course of the previous proceedings on these subjects renders it matter of more surprise that enactments inconsistent with the views heretofore entertained * by Her Majesty's Government should have been adopted in a manner so much at variance with the coiirse of repeated reference and ample discussion hitherto pursued. 6. On reverting to the previous correspondence, I find that my predecessor. Lord Grey, considered contracts for more than one year as likely to create discon- tent and remove the legitimate motive to industry among the labourers, and thus to injure the employers themselves. His Lordship, however, did not consider him- self bound to press this objection in the case of immigrants introduced (like coolies and Portuguese) at the expense of the colony, and in these cases he allowed the ' legalization of contracts for three years, refusing, however, to allow liberated Africans imported at the expense of the British Government to be indentured on their arrival for more than one year. 7. Sir John Pakington was urged to extend the relaxation to liberated Africans, on the ground of testimony adduced to show that the long contracts had not worked ill ; this concession was made. 8. But to no class of immigrants, under whatever circumstances introduced, could any legal compulsion be used to make them enter into contracts for more than one year. 9. In the case of the Chinese, Lord Grey further sanctioned the making, in China, of contracts for five years, but with the provision that the immigrants should be at liberty to cancel the contract at the end of each year. In truth, therefore, the contract was to be for five years as against the master, but for only one year as aarainst the Chinese. 10. The Chinese now in course of introduction in the ships of Mr. Booker and of Messrs. Hyde & Co., are I find introduced under five years' contracts, which 986. ' R 2 though ii6 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH though legally, of course subject to the powers of determination by the immigrants G 1J I A N A. contain no reference to that power in the body of the agreement. But you have reported that these contracts will be terminated in a few months, by mutual consent, " as the Chinese are not likely to rest satisfied with earning six dollars" under their contracts, " when by steady industry they can make twice as much ; and the planters will be too happy to let them work on their own account for whatever they can realise." 11. Such having been until now the state of the law and the views and j^ro- ceedings of Her Majesty's Government as to the duration and nature of contracts, I have now to consider the changes made in this respect by the present ordinance. 12. It legalises absolutely contracts for five years made with certain formalities in China with Chinese emigrants, and it provides that coolie (sect. 31) and Chinese (sect. 35) emigrants introduced on bounty, and also that all coolies who have com- muted or may commute their right to a return passage (sect. 33), shall be inden- tured for five years ; that liberated Africans above 15 years of age (sect. 40), shall be indentured for three years, and that no bounty shall be paid on Portuguese immigrants arriving after the 1st May (sect. 37), unless they also indenture them selves for the same period. Moreover it is provided (sect. 31) that if Her Majesty's Government should consent that the time of the coolies' residence be extended to 8 or 10 years, the indenture shall be extended to such further term as Her Majesty's Government may authorise. But finally it is enacted by the 46th section, that any indentured immigrant may determine his contract at the expiration of any year, after due notice, and on repaying to the colony the amount of bounty paid on his introduc- tion (amounting however in the case of Chinese to 100 dollars, in that of coolies, to 10/. or 11/.), and to his employer all reasonable cost incurred on his behalf. The rate of wages provided by the indenture is that paid on the same estate to unin- dentured labourers, deducting nine dollars for medical attendance and lodging. 13. The conditions of the 46th section are so onerous and at the same time so vague, that the power of determining the contract, subject to these conditions, can hardly be regarded as practically available. 14. Now looking to the effect of these changes on different classes of immi- grants, I cannot but consider that in the case of the Chinese, if your own repbrts • are founded on just views, and if any credit is. to be given to other testimony, the enactment of compulsory contracts for five years, would be either mischievous or nugatory. Those who have written on the character of these immigrants have represented them as ready to work hard if allowed the prospect of indefinitely advancing themselves by their industry, but also as not easily induced to exert themselves without that stimulus, jealous of anything which restricts their power of acquisition, and if dissatisfied, formidably skilful in combining among themselves. It is not easy to conceive a class of people with whom it would be less desirable to substitute a stringent and definite engagement during a long period, for those more indefinite hopes which are a legitimate stimulus to the industry of an intel- ligent person. Your own observations seem to have led you to think that contracts with the Chinese immigrants, made under the previous law, will be dissolved by mutual consent in a few months, and this may be the probable fate of contracts under such an ordinance as this, which would render it merely useless ; but it is possible that cases might occur of injudicious and intemperate attempts on the part of particular planters to avail themselves of the law, and in that case results might take place which would injure not only those individuals, but the employers of labour throughout the colony, 15. If these objections apply to engagements formed u^der the sanction of the local Government, and on terms prescribed by that Government, they apply with Still greater force to engagements made in China, while the emigrant is ignorant of the wages .obtainable in British Guiana. And I would further observe, that the 5th section, which promises repayment of half the cost of importation to persons importing immigrants under contract to themselves, from ports in respect of which no bounty is payable, is calculated to stimulate an importation of Chinese indentured for long periods, on terms for the fairness of which no security is taken, and which, therefore, may issue in discontent and disputes. 16. I INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 117 16. I regret, therefore, that the arrangements deUberately made and sanctioned BRITISH by Lord Grey for the regulation of contracts with Chinese immigrants should have GUIANA, been thus hastily subverted. 17. The effect of the ordinance on the coolies involves considerations of a still more serious nature than to those which I have adverted in regard to the Chinese. A compulsory contract of five years' duration with one master, if it could be enforced, would imply a state of things hardly compatible with personal freedom, and even a voluntary contract for the same term should not be attempted until a further experience of the three years' system should have led the way to it, but the enforcement of such a provision without any warning on coolies who have com- muted their right to a return passage for the bounty of 50 dollars, is wholly incon- sistent with good faith. The terms of commutation might, perhaps, be reasonably construed as placing the persons accepting them under the rules understood to be applicable to the immigrants in course of introduction at the time. But an enact- ment which on the pretext of such a commutation invests the Governor with the power of summarily assigning a number of Her Majesty's subjects for a period of five years, to masters towards whom they may feel the strongest aversion, is one to which it is impossible that Her Majesty's Government should be advised to give an assent. Nor has it been the purpose of the Legislature that the measure should stop here, for it appears from section 31, that it is intended to pave the way for a still larger extension of the contract to " such furtlier term as Her Majesty may think fit to authorise but not exceeding 10 years in the whole." 18. I have now to advert to the changes effected by the ordinance, under the second of the two heads into which I have divided them, viz. : the terms on which return passages are to be given to coolies. The provisions of the law hitherto in force, uhich were founded on suggestions made by Her Majesty's Government, and assented to after much negotiation by the Court of Directors, were these : for five years after their arrival in the colony, adult coolies (omitting for the sake of brevity the case of children) were bound either to vvork under a written contract, with some planter (from whom a duty of 2 or 4 dollars a year was levied by Government) or to pay a monthly tax of 1 dollar 50 cents a month. On the completion of these conditions, which were described as industrial residence, they were entitled to free return passages. If they returned before that period they were bouud not only to pay for their own passages, but to pay np the monthly tax for the time wanting to complete their residence. Under the former law and under the 31st section of the present ordinance, indentured coolies receive the same wages as other labourers, subject, however, to a deduction of nine dollars a year for lodging and medical attendance, which were not supphed to unindentured labourers. 19. As the present ordinance provides that coolies shall be under indenture during the whole period for which they engage to remain in the colony, the monthly tax becomes inapplicable, and is omitted. By sect. 30 (which in order to give time for consideration in tbis country, is not to take effect till the 30th June), the deduction from wages in favour of the employer is also abolished. But it is pro- vided that no coolie shall be entitled to a return passage without paying to the colony in annual instalments or otherwise, a sum amounting in the case of coolies hereafter imported to 45 dollars, in the case of those already in the colony to the same sum, less by nine dollars, for every year which they shall have already resided in the colony. ^Q. There is no injustice in requiring that the coolies should pay for their own renirn passages in the manner in which that payment has been imposed upon tbem by the" system originally suggested by Lord Grey, and which had the assent of the Court of Directors ; that is, by a stamp duty on engagements indirectly falling upVn the wages of labour, or by a monthly tax directly levied. But the scheme of the present oi-dinance is by no means calculated to produce the same results. If the coolie is left to pay for his return passage by instalments or not, as he pleases, the result will often be that he will neglect the payment of the instalments, and be unable from want of funds, at the expiration of his term of residence, to leave the colony, even were he ever so desirous to do so. And it is always to be borne in mind that the family whom the coolie has left behind is interested m his return as well as himself, and that the Indian Government is justified in taking the state of Indian communities into account, in reference to the facilities afforded for the q86. R 3 «oo'ie» 118 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH coolies return. Now the tax may be fairly made the means of reimbursing the G U I A N A. colony, but not of preventing the coolies return. 21. If the provisions of the ordinance on this head were otherwise unobjec- tionable, it would be impossible to overlook the fact that sect. 46 does not even make provision for giving the coolie the benefit of the time during which he has served under his original contract. It is enacted absolutely that he is to repay the expense of his introduction, and makes no arrangement at all for his only making a repayment proportionate to the time of his contract remaining unexpired. 22. Under both the heads to which I have adverted, the changes made are open to very serious objections, and I am under the necessity of signifying to you Her Majesty's disallowance of the Ordinance No. 3, of 1853, which you will cause to be notified in the usual manner. I have, &c. (signed) Newcastle. — No. 11.— No. 11. (No, 54.) Duke of Newcastle q^^^ ^^ ^ DESPATCH from His Grace the Duke of Newcastle to Governor Barkly. to Governor ( -^ Barkly. Sir, Downing-street, 26 May 1853. • p" ^'^\ ^^ ^ HAVE to acknowledge the receipt of your despatch of the 12th March last,* * Page 38. 1^^ ^j^ reporting the ' arrival of the "Samuel Boddington" with Chinese immigrants. I referred this despatch for the report of the Colonial Land and Emigration Gom- ^ -a \^55:-^ missioners. I transmit to you herewith a copy of their reply, and I have to express y^t^^"""^^ nay concurrence iii their views of the several questions raised in your despatch. I have, &c. (signed) Newcastle. Enclosure in No. 1 1 . Colonial Land and Emigration Office, Encl.inNo.il. 3;^.^ 14 May TsSS. 1. We beg to acknowledge your letter of the 6th instant, enclosing the copy of a despatch from the Governor of British Guiana, reporting the arrival in that colony of the ship- ■fJo. ^^'o tl/y. No. 1 4. Duke of Newcastle ^ Sir, Downing-street, 30 May 1853. BaSr™°' I TRANSMIT to you herewith, for your information, a copy of a letter from the 30 May 1853. Colonial Land and Emigration Commissioners, with copies of communications from Mr. White, on the subject of emigration from China. "^--^SJ^ is I have, &c. (signed) Newcastle. 'S3. Enclosure in No, 14. Colonial Land and Emigration Office, Sir, 19 May 1853. End. in No. 14. 1. We beg to enclose tiie copy of a letter from Mr. White, the emigration agent at China, dated the 23d of February last, also extracts from a private letter from that gentleman dated the 10th of March last. 2. It will be seen that Mr. White has found himself unable to despatch any emigrants under the rate of 100 dollars a heafl (the " Martin Luther" having failed to perform her contract), and that he is endeavouring to set on foot a system of registration at Hong Kong which will dispense with the agency of native cooly brokers. We have, &c. (signed) T. W. C. Murdoch. Herman Merivale, Esq., Frederic Rogers. &c. &c. &c. Sub-Enclosure 1, to Enclosure in No. 14. (No. 10.) Sir, Hong Kong, 23 February 1853. I HAVE the honour to acknowledge the receipt by last mail of your letter of 23d December, conveying instructions from Sir John Pakington, " to make arrangements for sending out, if possible, 2,000 Chinese emigrants to Jamaica before the expiration of the present emigration season." I regret having to state in reply, that I see little prospect of being able to fulfil any portion of these instructions during the present season, owing entirely to the want of vessels. Very few have arrived within the last month, and these have been either under previous engage- ments or have been chartered at rates exceeding the amount I feel authorized to give, so as to bring the total cost of emigration within the limit of 100 dollars a man. But besides this, the captains and crews of vessels are deterred from engaging in the emigration Service, in consequence of the many disasters that have occurred recently on board of Chinese emigrant ships, and the captains prefer, even at lower rates of freights, any other engagement that may offer. The " Medina," now at Namoa, and intended for Cuba, and the " Nepaul," at Amoy, intended for Peru, have both been detained for some time past, owing to the positive refusal of the crews to go on the voyage with Chinese emigrants. Some little time will have to elapse ere the feeling of insecurity which now prevails can be expected to give way to confidence in the regulations of a well-organized emigration. An arrangement may perhaps be made for the " Lord Hungerfbrd," 38 days from Singa- pore, and now daily expected, and there are several American whalers in port, with oil for the United States, which they are anxious to tranship. It is possible that an arrangement may be made with the vessels that take this oil to land emigrants in Demerara, provided they are suitable for the service. Vessels are detained in Australia from want of hands, and I am informed that the few that have got away, induced by the report that freights were higher in India, have gone there in preference to coming to China. The " Lady Flora Hastings," three weeks from Hong Kong, had not arrived at Namoa by the last advices. I would have gone up in her if 1 had not been in daily expectation of the arrival of the " Martin Luthen" After her departure no opportunity occurred until within the last few days (the communications along the coast are very irregular and uncer- tain), and I did not avail myself of it, as I should probably arrive after she had sailed. The emigrants were ready, and waiting for her, and she will suffer no delay unless anything should occur in regard to the crew. Many incidents that have occurred within the last few weeks tend to confirm my opinion it Hono- Kona- is better adapted for carrying on emigration to the British West Indies that Hong Kong is better adapted for carrym an an " 986 than anv°other point on the south coast of China, and 1 have every reason to believe, from "-•^ ^ i-^ the 122 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH the information I have received, that good field labourers may be obtained in considerable GUIANA, numbers from the mainland. Besides this, from its central position, emigrants may be readily collected here from other ports, and will be under the immediate supervision and iuspectioa of the local Government. 1 have also secured the co-operation of the missionaries, both Enghsh and American, and have in hand a plan of registration which I think chimes in well with Chinese notions, and will give a character of respectability to the emigration. I enclose copy of contract drawn up in accordance with the Chinese forms, and which they will understand better tlian the common English forms. It embraces some points as to which it may be necessary to obtain the sanction of the colonial governments in the West Indies, but which I have thouglit requisite under present circumstances, in order to draw a distinction between the emigration to the British West Indies and all other emigration favourable to the former. They are also consistent with the Chinese ideas of fair play, and a certain amount of freedom of action necessary to a contract intended to be for five years' duration. For the Chinese version I am indebted to Mr. Medhurst, interpreter to the Superintendence of Trade. It is my impression, from all that I have seen, that it will be better and safer at the first outset of this emigration that the agent should be authorized to lay in the provi- sions for the voyage, instead of leaving this important matter to other parties who may have too strong an interest in reducing the cost, and the consumption, to a lower point than is consistent with the welfiare of the emigration. With this view, and for the information of the Commissioners, I annex an estimate of the victualling and clothing for the voyage ; T^^^--^'^'^"''^ I'lO days appears to me a sufiScient allowance for the voyage during the north-east moon- soon, and 30 days ought to be added if the vessel leaves after the 10th April, or rather the 3 1st March, in order to render the supply abundantly sufiicient. Average cost per man of provisions for the voyage of 140 days - - - Cost of clothing __..___-_-- Add — For sundries, such as biscuit, fresh vegetables, musical instruments, medical comforts and native medicines, and various small supplies, an average cost of ---------- Estimated cost of agency, secondary commissions, office, depot, feeding, &c. - Total estimated cost in China - - - - To this must be added the two months' advance of wages, say at four dollars - (To be recovered out of wages in the colony.) $■ $. c. 12 51 4 33 1 50 18 35 6 25- 24 60 8 - 32 60 This sum of $ 32. 60. represents the amount which the agent should be authorized to draw for, piovided the Commissioners sanction the arrangement, and will be less in pro- portion to the amount which the Commissioners may disapprove. There will be also some additional expense for interpreters and for surgeons, if it shall be found necessary to engage surgeons here, either Europeans or Chinese. In estimating the disbursements that may be required here on account of emigration, I have placed them at high rates, so as to obviate the chances of failure at the onset as the result of a mistaken economy ; but I am satisfied that many items may be gradually reduced and improvements effected, as experience shall point out the best system of conducting this emijiration. I am the more anxious about it at present, owing to the disasters that have occurred to many of the vessels engaged in other emigration. Under the system suggested ships would have to find only water, fuel, and the necessary fittings, and, if chartered in England, to provide also a surgeon for the voyage. It has been suggested to me that if the agents were authorized to make a small advance on account of the freight, so as to cover the necessary disbursements of the vessel in port on account of emigration, it would give facility to the chartering of vessels- From iZ. to2/., according to the number of passengers the vessel could carry, would be sufficient for the purpose. I offer this merely as a suggestion, and am not as yet prepared to recommend it without experience of its necessity. I have had occasion to alter some parts of the instructions to captains taking charge of eiuiurants, and must defer sending them until next mail. As the supply of fuel ( 2 lbs. of firewood per day) was found to be inadequate, according to the stateuieiit of the captain of the " Clarendon," it will be advisable in future charters to increase the amount to 3 lbs. I annex INTRODUCED I^^TO BRITISH GUIANA AND TRINIDAD. 123 I annex extract from a letter which I have just received from Mr. Syme of the firm of Syme, Muir & Co., Amoy. It would appear that some arrangements had been made in England for emigration to Jamaica, independently of the order fiom Sir John Pakington, conveyed to me in your last letter of the 23d December. I have, &c. (signed) James T. White. P.S. — I am informed by the Dutch consul at Canton that the Government intend to try the emigration of Chinese and Javanese from Java to Surinam. Whatever arrangements the Commissioners may think proper to make in regard to the penalty of the " Martin Luther,'' at least the expenses which have been incurred here in anticipation of her arrival ought to be refunded ; ot these I will send a statement next mail. The gross freight of the "Lord Warriston/' for which vessel Messrs. Turner & Co. wer in treaty, for Demerara, is represented to me to be as follows : — Say, 1,000 tons of cargo, at 20 dollars - ,, 450 Chinese - - 20 „ $■ 20,000 22,600 42,500 The Chinese finding their own provisions. (signed) J. T. W. S. Walcott, Esq., Secretary Colonia, Land and Emigration Commissioners. (No. 1.) Proposed Form of Contract for Chinese Emigrants to the West Indies. I, A. B., a native of district in the province of the Empire of China, hereby enter into agreement with J. K., acting on behalf of the Govern- ment of the British colony of , on the following conditions : — Tlie said A. B. agrees to embark on board the ship or vessel called , whereof O. P. is master, and to proceed to . On arrival there he und'ertakes to obey the orders of the Government Emigration Agent, and to enter into an agreement with such employer as the said agent shall select, to do service with him for the term of five years from the date of his arrival in the said colony as cultivator or agriculturist, or as labourer or servant, during which term he A. B. is to tiJI the soil, clear ground, plough, manufac- ture sui;ar, tend cattle, make drains, construct embankments, and all such like work, com- pleting each day four and a half Chinese hours, or nine hours of steady continuous labour, and dutifully serving and obeyiiig bis employer, neither stealthily working for his own benefit or that of any other party, nor absenting himself without leave. During such term of five years he agrees moreover to allow one dollar per month to be deducted from his wages until the sum of dollars, received by him in advance, shall have been paid oflF. In consideration hereof, he A. B. distinctly understands that J. K. will find liim a passage to , provide him with food and necessaries upon the voyage, after arrival find him employment as above described through the Government Immigration Agent, at the rate of four dollars per English month, furnish him annually with two. suits of clothes, viz. two cotton jackets, two ditto trowsers, one bamboo hat, one felt hat, and one blanket, find him in medicines and medical attendance if he fall sick, and furnish him with an amp!e supply of food, viz.: — 10 lbs. rice; 3i lbs. beef, pork or salt fish; 1 lb. sugar; 3 oz. tea, per week of seven days. Should he A. B. be unwilling to receive the above-mentioned allowances of food, &c., an additional monthly payment of two dollars can be given him instead, and with it a piece of land to cultivate for his own benefit. Provided always, that he A. B. shall not be called upon to work upon Sundays unless in cases of necessity, when he shall be entitled to receive extra pay, at the rate of 24 cents a day. Provided also, that should he A. B., after arrival, repent the agreement, and be unwilling to carry it out, he may do so on giving one month's notice of his intention, and on re-payment of such part of the expense incurred in conveying him to the colony as shall be proportioned to the time of service not rendered. Agreement entered into by A. B. on the day of the month of the year 185 . 986. S 2 (No. 2.) 124 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY (No. 2.) Victualling and Clothing Estimate for 200 Chinese Emigrants for a Passage of 140 days. Men. DaUy Ration per Man. Total Daily Ration. Estimated Voyage. Days. Total lbs. for the Voyage. Total Piculs. $. c. Rice- ... 200 IJlb. 300 140 42,000 315 - At $. 2 630 - Fish- Beef 200 200 i „ 100 100 40 50 4,000 5,000 30 - Barrels. 25 ,, 6 „ 25 « 180 - 625 - Pork Lard , - . 200 200 i oz. 100 6i 50 140 5,000 875 25 P. c. 6 67 „ 95 „ 9 per p. 625 - 57 13 Pickled vegetables ' - Cigars ... 200 200 3 „ Cigara. 10 37i 2,000 140 140 5,250 280,000 39 60 w Is » 20 cents per 1,000 69 25 56 - Salt - Tea - Pepper Vinegar - Weekly Ration. Lbs. Weeis. 200 1 oz. 12J 20 200 3J„ 431- 20 200 1 ,, m 20 Pint. Pints. 200 i 100 20 Lbs. 250 (say) 875 250 (say) Pints. 2,000, or P. c. 2 - 6 56 2 - Gallons. 250 200 men at ^. 12. 61. per head Clothing. At 25 cents per p. - 60 „ f 20 „ 130 - » '' » 14 - „ 50 cents per gal. 125 - head - - - $. 2,601 88 1 Bluejacket and trowsers 1 White do. do. 1 Warm jacket 1 Blanket . - - 1 Pair shoes - - - 1 Cap . . - - 1 Bamboo hat - 90 - 90 - 90 1 26 - 15 - 12 - 12 ^.4 34 X 200 = 868 - 200 Men at $. 16. 85. per head . - - ^. 3,369 88 Add — For biscuits, fresh vegetables, musical instruments, medical comforts, native medicines, and various small supplies, an average cost of ^. 1. 50. per man, for 200 men, is --------... 300 - $. 3,669 88 Giving an average cost of 1. 18. 35. per man for clothing and victualling on the voyage. The prices of the diiFerent articles are stated at about the average rate of cost so as to ensure the best quality. (No. 3.) ExTHAcr of a Letter from T. D. Syme, dated Amoy, 20 Februaiy 1853. " Emigration is stopped here for the present, not for want of men, for plenty are offering, but for want of ships. 1 have been unfortunate in my English charters for Cuba j they were all conditional, and the vessels have never come forward. I expect one for Jamaica in a few days, and I hear of contracts for Brazil, but I fancy Captain Fishbourne's report will frighten them." INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 125 Sub-Enclosure 2, to Enclosure in No. 14. (f U iVn A Extracts of Letter from James T. White, Esq., to Sir Frederic Rogers, Bart.; dated Hong Kong, 10 March 1853. Since my last letter to the Commissioners of the 23d February, everything remains very -much i» the same position. Shipping is still very scarce, and not to be" had on reasonable r'^-"%ffi ^^^^ ^=° ^^^^^^ ""^^^ ^'-^''^* vessels loading for California, at Whampoa and here. It IS difficult to find out exactly at what freights, as freights and passenger's fare are mixed up together, but the " Jamestown," an American vessel now loading here, will gross not less than 40,000 dollars. She is about 12,000* tons register and carries 2,200.* Instead of • So in copy ballastthe captain takes 400 to 600 tons of granite slabs, at 17 dollars a ton, and the rest of his freight will probably average not less than 20 dollars per ton. While such rates prevail you will readily perceive that it is hardly possible to obtain vessels for the emigration service, at such an amount for every emigrant landed as will bring the total cost within 100 dollars. Add to this that the captains of vessels are frightened in consequence of the recent disasters on board of coolie vessels, and prefer any other employment that oflPers. I enclose copy of a letter from captain of « Thetis," (formerly engaged in taking coolies from Calcutta to the West Indies, and recently in taking Chinese to the Sandwich Islands), which will show you the feeling that prevails among them in reference to this emigration. While such a feeling exists, I feel unwilling to push matters too eagerly forward. Nothing has yet happened to any of our vessels at sea, but if anything untoward should happen, it would confirm the prejudice and alarm against Chinese emigration, and perhaps rouse pubHc feeling against it in England. Looking to the future success of emigration, I believe it is better and more politic to bend to the present difficulties, and to start fresh next season. # # # " By next season all this will have passed away, and vessels must be arranged for at home, to convey at least one half of the number of emigrants that may be required. I am still of opinion that taking all things into consideration. Hong Kong will be found the best port for establishing a system of emigration, and that in time emigrants will come here from the country to seek for it, without the intervention of the crimps or any other disrepu- table agencies. It is matter of regret to me that the ' Martin Luther ' did not come here. In point of size she would have answered admirably for the first experiiiaent, for as long as the emigration from this is untried and new, I am unwilling to risk the detention that might arise at first with a vessel of large size. The ' Thetis,' of about 460 tons, would answer well, but I am afraid that there is little chance of obtaining her. " The registration scheme appears to work satisfactorily, but it has not been pressed lately, as I was afraid it might lead to disappointment if the people registered should not find a vessel ready to receive them within a reasonable time. 1 enclose the form of ticket that has been given to the applicants. "I shall remain here until the 11th April, after which it would hardly be prudent to send vessels down against the south-west monsoon. I shall, however, probably make an arrangement with Turner & Co., to enable them to send on the rest of the people for Demerara, as arranged by the Land and Emigration Commissioners, to the number of 1,200. The total number dispatched by tiiem as yet, being only 635, say per ' Glentanner' 305, and per ' S. Boddington,' 330. * * * * " The 'Lady Flora Hastings ' was to leave Namoa on the 4th ; all well. She was 23 days in beating up. The * Lord Hungerford' is still out, although 63 days from Singapore. This shows the force and continuance of the monsoons. " In reference to the form of contract which I sent home by last mail, for the approval of the Commissioners, I wish it to be understood that it is drawn up to meet the views of the Chinese, and is perfectly satisfactory to them. I found it necessary to put in the clause enabling them to retire from their contract, on paying the cost of their introduction to the colony, in order to give them confidence, and to show them that they would be perfectly free agents, whenever they could reimburse the cost of their introduction. Nothing is stated°in regard to the ' monthly tax ' which they will have to pay, if they choose to work on their own account instead of under contract, as I found that this was asso- ciated in their minds with 'general taxation,' or being 'squeezed,' from which, with the experience they have of the latter from their own authorities, they seem instinc- tively to recoil. This point can easily be explained to them on their arrival in the colony, and they will immediately take advantage of it, whenever they find out that it may be a benefit for them to do so. " In reference to this form of contract, I annex extract of a letter from Mr. Hunter of Macao. This gentlemen was formerly a partner in the house of Russell & Co., speaks the language fluently, and from his intimate knowledge of the Chinese character, I consider his opinion valuable. The old 'Tremelga' ship to which his note refers, is barely sea- v/orthv" 986. s 3 (^''- !•) BRITISH GUIANA. 126 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY (No. 1.) (Extract.) "Whampoa, 5 March 1853. " I AM just now in receipt of your favour of the 2d, and thank you for ihinking of the 'Thetis.' My experience of coolie carrying and the result to othet vessels of late, does not encourage me to embark in it again, especially as the freight you offer is not more than I can get with the quiet passengers' bales, bags and boxes, " I am glad to hear from you that the eaiigration is conducted on satisfactory terms in yo ur instance, for it would be a fine thing for shipping if carried on so to any extent, and if we could see a probability of arriving at our destination with our heads on. (signed) "John Cass." (No. 2.) 'Thb bearer of provmce , has been entered as an applicant emigrant to the British Wes^t Indies, subject to surgical a^pproval, as No. on the list , age , tail , hands " Hong Kong, "1853." (No. 3.) (Extract.) "Macao, 9 March 1853. " I DO not see that there will be the slightest difficulty in getting able-bodied Chinese in any number, to go under such a contract as this is, where their interests are greatly benefited and guarded. Here there are a great number of coolies anxious to go abroad, almost anywhere, but there are no vessels to be had. Even the old 'Tremelga,' 1 am told, is being fitted out to take a cargo to Cuba. (signed) " W. C. Hunter:' No. 15. Duke of Newcastle to Lieut.-Governor Walker. (No. 73.) Copy of — No. 15. a DESPATCH from his Grace the Duke of Newcastle to Lieut.-Governor Walker. Sir, Downing-street, 20 June 18.53. I TRANSMIT to jou herewith, for your information, an extract from a letter from the Colonial Land and Emigration Commissioners, with extract of one from Mr. White, the emigration agent in China, reporting the circumstances under which he had despatched the ship " Emigi-ant" with Chinese, for British Guiana. I concur with the Commissioxiers that Mr. White in so doing, judged rightly. I have, &e. (signed) Newcastle. Enci. in No. 15. Enclosure 1 in No. 15. ExTEACT of a Letter from the Colonial Land and Emigration Commissioners to Herman Merivale, Esq. ; dated 4 June 1853.^ " It will be perceived that a fourth ship (the ' Emigrant') has been chartered for Demerara, which we understand is capable of carrying 360 or'sTO persons; and that Mr. White has taken on himself to promise to the shippers the full bounty of 100 dollars per adult, though the ship was despatched after the 31st of March. We have no doubt that in so doing he has judged rightly. " It is of course impossible, in the present state of things, to make arrangements for despatch- ing shiijping from this country to take in emigrants early in the season. This must form matter for consideration on Mr. White's arrival." Sub-Enclosure INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 127 Sub-Enclosure to Enclosure in No. 15. Extract of a Letter from James T. White, Esq., to Sir Frederic Rogers, Bart. Canton, 26 March 1863. " I AM duly in receipt of your favour of the 19th January. I came up to Canton a few days ago to see Messrs. Turner & Co., and to make arrangements in reference to the ' Emigrant,' a vessel taken up by them for Demerara. This vessel is 763 tons' measurement, well appointed in all respects, and well adapted to carrying emigrants. She took out emigrants to Australia; is 7 feet 6 between decks, has water-casks on board, and nearly all the necessary fittings, and will be ready for sea in a few days. She cannot, however, be got ready before the 31st March, at which date the full bounty of 100 dollars will cease, in terins of the Governor's proclamation, but as it was impossible to procure any vessels at an earlier date, and the emigrants may be considered as ready and only waiting the opportunity, I have taken upon myself the responsibility of assuring Messrs. Turner & Co. that in this case the full bounty would be payable, provided the Governor is satisfied that the spirit of the Passengers' Act has been complied with, and the emigrants fairly and justly treated. This is the last vessel that will leave this season. Indeed at present no other vessels can be obtained, and even if any should arrive within the next few days, it would probably require six weeks' time to unload cargo and get the necessary fittings, thus throwing the shipment of the emigrants into the middle of May, too late in the season to be perfectly safe, under present circumstances. A long voyage down the China sea, with land often in sight, is attended with a certain amount of risk, and might give rise to mutiny, and the determination to get on shore at all hazards. Whereas, if a vessel starts with flowing sheets, and carries the north-east monsoon down with her, she is out of all that sort of danger in a few days. Should any- thing untoward happen now to a vessel bound for Demerara or Trinidad, it would probably damage the cause of emigration very materially, and I think it therefore more prudent to stop further proceedings for the present (after the saihng of the ' Emigrant'), and leave the further engagements for Demerara and Jamaica to be carried out next season. " For next season early arrangements ought to be made, and emigration commenced in September, so that vessels may leave with the first of the monsoon in October. Two-thirds of the number of labourers required ought to be despatched from this before the 3l8t December. The number now sent to Demerara and Trinidad will be sufficient to test the question as to their suitableness for tropical labour in the West Indies, and if they are found to answer, an unlimited supply may be depended on. .Let the people here once have a feeling of confidence in this emigration, and in time it will flow into the West Indies almost spontaneously. " I propose to leave this by the steamer of the 11th of next month. I could be of little service by remaining longer, and it is to be hoped that the emigration of next season will open under more favourable circumstances than has been the case this season. " I am afraid there would be difficulty in establishing regulations for British vessels taking Chinese to Cuba, Peru or other foreign places. If made too rigid, they would throw the carrying of emigrants entirely into the hands of Spanish or Peruvian shipowners. This emigration is also carried on now almost entirely from Namoa and Cumsingmoon (opium stations), and Macao, where there are no British consuls. " If fresh charters are made in England, it would be well to alter the 2d clause, which provides that the Governor, in the absence of the agent, shall signify some port between Canton and Amoy to which the vessel shall repair. As all trade is forbidden by treaty, except what takes place at the five ports this clause requires the Governor to do what Avould be construed as a breach of international engagement. This had better be left to the agent, or some person authorized by him to act in the matter in case of absence." BRITISH GUIANA. — No. 16.— (No. 77.) Copy of a DESPATCH from His Grace the Duke of Newcastle to Lieutenant- (jiovernor Walker. Sir, Downing- street, 29 June 1853. I TRANSMIT to jou herewith for your information a copy of a letter from the Colonial Land and Emigration Commissioners, with copies of two further letters from Mr. White, the emigration agent in China. I have to instruct you to give directions for providing a passage to Trinidad for the Chinese interpreter, as suggested to the Emigration Commissioners. I have, &c. (signed) Newcastle. No. i6. Duke of Newcastle to Lieut.-Governor Walker. 29 June 1853. .9S6. S4 Enclosure in 128 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY B R I T I S H Enclosure in No. 1 6. GUIANA. Colonial Land and Emigration Office, Sir, 15 June 1853. Encl. in No. i6. We have the honour to enclose herewith, for the information of the Duke of New- castle, copies of two letters which we have received from Mr. White the emigration agent at Hong Kong. 2. In the first of these letters, he reports the despatch of the " Lady Flora Hastings" with emigrants to Trinidad, and encloses various papers connected with that vessel, of which we think it unnecessary to trouble the Duke of Newcastle with copies. He likewise explains the circumstances under which he had promised a bounty of 100 dollars each on the Chinese, conveyed by the " Emigrant" to British Guiana, notwithstanding that the vessel will not sail till after the 31st March; this subject was referred to in the private letter which we transmitted to you on the 4th instant, and Mr. White's further explanation confirms our opinion, that he exercised a sound judgment in the matter ; and considering the value which the planters in British Guiana place on the services of the Chinese, we cannot doubt that they will prefer to pay the higher price than not to obtain them at all. Aaie^ We enclose copy of Mr. White's letter to Messrs. Turner on this subject. He likewise ■Sio."]' ^^53, reports having engaged two intei-preters, the one for British Guiana and the other for ^g'^iiarc ^,^-^et- Trinidad, the latter'of whom would have to be forwarded to Trinidad from British Guiana, ^t-^ J. We apprehend that the necessary instructions for providing this man with a passage should ^ev o^ 9,--^--^ be transmitted to the Acting Governor of British Guiana, and that the description of the qualifications of these two men, and the contracts made with them, of which copies are enclosed, should be communicated to the Governors of British Guiana and Trinidad res- pectively. loti^' ^' J-3.stly, Mr. White states the circumstances under which he had decided to place on y^ 9 ^ board the " Emigrant" certain suits of clothing, which he had purchased in anticipation of being able to procure conveyance for a larger number of emigrants, but which in conse- quence of the impossibility of doing so remained on his hands at the end of the season. Upon the wisdom of the course which he adopted in this matter, we feel unable to pro- nounce any opinion, 'i'he balance of profit or loss by retaining or sending on the clothes,, could be decided only by a person on the spot, and having an intimate acquaintance both with the expense of storing such articles and the risk of their deterioration. We can only suggest that this portion of Mr. White's letter should be communicated to the Acting Gover- nor of British Guiana and to Lord Harris, in order that they may be aware of the supplies which will thus be furnished to them for return coolies, &c. It is unfortunate that we should have just contracted for 550 suits of clothing for Trinidad, under the instructions contained in your letter of 29th April last; but it is not impossible that the Acting Governor of British Guiana may think it advisable to retain the whole aupply in that colony. 4. Mr. White's second letter contains several suggestions for the future conduct of Chinese emigration. We abstain from offering any opinion on these until we shall have had an opportunity of conferring personally with Mr. White. After seeing him, it will be our duty hereafter to submit to the Duke of Newcastle our views as to the manner in which this emigration may be most advantageously carried on hereafter.- We have, &c. Herman Merivale, Esq. (signed) T, W. C. Murdoch. "' &c. &c. &c, Alexander Wood Sub-Enclosure No. 1, to Enclosure iu No. 16. (No. 12.) Sir, Hong Kong, 9 April 1853. I HAVE the honour to enclose several papers connected with the " Lady Flora Hastings," which vessel left Namoa for Trinidad on the 11th ultimo. I was prevented from going up to Namoa previous to her starting, first by my detention in Hong Kong to await the arrival of the " Martin Luther"; and afterwards by the want of any opportunity that would enable me to reach Namoa in time before the date appointed for her leaving. No. 1. Is a list of the clothing put on board for the use of the emigrants. No. 2. List of the provisions. These were all laid in here, and I examined them and. found them all perfectly good. No. 3. Certificate of measurement as to the number of emigrants the vessel may carry. No. 4. Certificate of sea-worthiness. No. 5. Letter from the surgeon of the vessel. No. 6. Letter of Instructions from Tait & Co. to the captain. 2. From private and disinterested sources I am informed that the emigrants were all' fine able-bodied men, that they were highly pleased with tho ship and the accommodation pro- vided; and that they were very anxious to emigrate. The ship is well found in everything. Thu captain is a quiet unpretending person, who seems eager to prove that the disasters that have so often occurred have been occasioned by want of management, and not by ill feelings on the part of the Chinese emigrants ; and the surgeon is sober, and, as far as I can judge, well qualified for his duties, so that I hope this vessel, starting under favourable auspices^ will reach her destination without the occurrence of any untoward events. There are ^^e. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 129 are two Chinese surgeons on board ; I had arranged that one should go, but as another one B R I T I S H^ offered his services afterwards who had some sh'ght knowledge of English, and as no inter- GUIANA. preters could be procured at JNamoa, and those I expected from Penang had not arrived, Messrs, Tait & Co. engaged the second surgeon in the double capacity of interpreter and sur- geon. I have since written to them sanctioning the arrangement. 3. Owing to the high rates of Ireight prevailing to California, and also partially to Australia, and to the reluctance, and even in some cases the positive refusal of captains and crews to engage in the emigration service, in consequence of the occurrence of so many dis- asters, it has been found impossible to obtain vessels to complete the emigration to Demerara. After several fruitless efforts Messrs. Turner & Co. succeeded at last in obtaining the " Emigrant." This vessel could not be got ready before the 31st March, and therefore Messrs. Turner & Co. or their principals, Hyde, Hodge & Co., would not be entitled to a higher bounty than 80 dollars for every emigrant landed. And as it became a question whether this vessel should be taken up or not, unless they got the full bounty, I decided to take the responsibility of assuring them that in this case the full bounty would be paid. The annexed copy of my letter to Messrs. Turner & Co. will explain the matter, and I trust that under the circumstances the Commissioners will consider me justified in what I have ^^u. <, done. """-^-^e^f, 4. The " Emigrant " took out emigrants to Australia, and is in every way well found and well qualified for the service, and has on board a European surgeon. I enclose certificate of sea-worthiness, and also certificate of measurement as to the number of passengers she can legally carry. I went up to Canton last month to make the necessary arrangements, in regard to this vessel, and was anxious that she should have taken her emigrants from Hong Kong ; but as Messrs. Turner & Co. (being in daily expectation of procuring vessels) had made previous arrangements for securing emigrants from Whampoa, and as the people were only waiting for an opportunity I did not like to disappoint them, or neutralize engage- ments partially contracted. Great care has been taken to procure only people from the country villages ; and to secure this object respectable Chinese have been bound under a penalty that the men are from country villages known to them. I question if emigration from China will ever be carried on without the intervention of brokers, at least for some time, and until the system is well established at one point, and generally known. The employment of such agents is entirely consonant to Chinese ideas, and pervades every transaction of hfe (even marriages are concluded and ariauged by this means). And they are at present necessary in order to diffuse information throughout the villages, and bring people to the port of embarkation, where they will have the opportunity of making inquiries and satisfying themselves as to the advantages of emigration. 6. Two interpreters are engaged to go by the " Emigrant." The one, Ho A. Sing, for Demerara ; the other, Ong Soon Seng, for Trinidad. The latter arrived too late for the " Lady Flora Hastings," and will, therefore, have to be sent forward from Demerara. Annexed are the terms of their engagement and contracts. The former writes and speaks English, speaks the colloquial dialect of the Canton provinces, and is well versed in Chinese JVoj writing. The latter writes and speaks English with ease and fluency, and speaks the ~"~"~~~-2.22^ii colloquial dialect of the Fohkien province, but does not understand Chinese writing. Ho A. Sing's terms may appear high, but I could not obtain his services for less, and I am indebted to Dr. Legge, of the London Missionary Society, without whose assistance I could not have obtained them at all. His knowledge of the Chinese writing v^ill be useful, as by means of it he can communicate wiih the emigrants in Demerara from the Fohkien provinces, an advantage not possessed by Ong Soon Seng in reference to other emigrants in Trinidad than those from the Fohkien provinces. The Chinese written character being the same throughout all the provinces of the empire, a knowledge of it enables persons to communicate, whose spoken dialects would be perfectly unintelligible to each other. Dr. Legge gives a very high character of Ho A. Sing, and Mr. Blundell, Governor of the Straits Settlements, has also written to me a very favourable one of Ong Soon Seng. The latter appears to me very shrewd and intelligent, and I have no doubt will do credit to his appointment. Another interpieter whom I have engaged in Canton, through the intervention of one of the American missionaries, has declined to go, and returned the advance he had received ; and another still refuses to go under 100 dollars a month ; so that there is considerable difficulty at present in obtaining the requisite number of interpreters, a difficulty that will continue until emigration be fairly established, and it become worth the while for respectable Chinese to send their sons out of the country, in the confidence that they will be well treated, and benefit by the change. 6. When engaged in making aiTangements for the "Martin Luther," I requested Messrs. Turner & Co. to procure the necessary clothing in Canton, where it can be got better and cheaper than in Hong Kong. Five hundred sets would he necessary for the " Martin Luther ;" and having at the time no doubt that another vessel would be obtained to follow the " Martin Luther," I ordered 500 more sets of clothing, making in all 1,000. The " Martin Luther" having failed to arrive, and it having been found impossible to procure vessels for the emigration service, this clothing is still on hand. Messrs. Turner & Co. pur- chased a large quantity at the same time, and having this stock still on hand, are unwilling to increase it by taking over what was purchased by them on my account. I have been much at a loss what to do with it, but considering that it cannot be required now until next season, that rent and insurance will add considerably to the cost, and that it will probably suffer by the Ion? storage, and be injured by the rats which swarm in Canton, I have decided upon sending it by the " Emigrant," the one-half for Demerara, and the other half 986. T for 130 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY p n T A ■M A ^^^ Trinidad. The portion for Trinidad will have to be transhipped unless the authorities ir U i A f4 A. jjj Demerara decide upon keeping it for the use of the colony. None of the clothing would "~~ have been ordered if I had not been in daily expectation of the " Martin Luther," and I hope that under the circumstances the Commissioners will approve of the step I have taken. 7. I shall leave this by the next steamer on the 11th instant. My remaining longer could be productive of no good, for under present circumstances, while the press is teeming w'th the v4isasters that have occurred to emigrant ships (and unfortunately the " Lord Elgin," arrived at the Cape, has to be added to the list), it would be highly impruden,t and impolitic to despatch any vessels against the south-west monsoon. I feel that I have stretched to the last point my dfesire to promote emigration to the West Indies, in sanctioning the full bounty to the " Emigrant," as an inducement to Messrs. Turner & Co., and I would not have done this if the vessel had not been specially fitted and arranged for the emigration service. 8. The experience of this season has fully confirmed my former views as to the disad- vantage, if not danger, of leaving the emigration from China in [private hands, without suf- ficient responsibility, and paid by bounty or by a commission on each emigrant shipped. This system will lead to abuses, and bring discredit on the country. It must be conducted by a paid officer, responsible to Government, and to a certain extent under the orders and supervision of the local Government. The head-quarters of the emigration oflace should be at Hong Kong, but the agent should have authority to procure emigrants at other places, and to send vessels there, if necessary. There will be a good deal of expense in organizing an office, and proper establishment, at the commencement, but everything must be done to inspire confidence among the Chinese, so that they may come from the country to seek for emigration of their own accord, and not at the instigation of brokers, who may probably deceive them by means which our ignorance of the mainland^ and our very imperfect know- ledge of their habits and language, render it impossible to discover until it be too late to apply the necessary remedy. Emigration should for the present be restricted to the period between the 1st of September and 31st of March, giving the agent authority to extend this period under certain circum- stances, and with' the sanction of the Governor. In order to disabuse the public mind of the strong feeling that now prevails adverse to all emigration, I have had the notices and instructions printed, and herewith transmit a copy for the information of the Commissioners. Further experience will, no doubt, suggest alterations and improvements ; meanwhile their tenor will show the anxiety of Government that this new emigration should be openly and fairly conducted, and in a manner likely to ^,e conducive to the general benefit of all parties interested in its welfare. I have, See. S. Walcott, Esq., (signed) James T. White. Secretary Colonial Land and Emigration Commissioners. P.S. — I am afraid the Commissioners will think me troublesome in sending home so many detailed papers as to the clothing and provisions of the emigrants, the sea-worthiness and measurement of the ship, &c.; but my object has been to show generally the system under which emigration should be carried on from here, and I should not consider it neces- sary to forward such papers for the future. During my stay in China my object has been not to obstruct pending arrangements, but to facilitate them in every possible way, and I have endeavoured to lead matters towards a permanent system by suggesting and recommending such points as I considered necessary ; these suggestions have always been attended to. It is matter of great regret to me that I have been able to effect so little, indeed, practi- cally nothing ; still I feel that the mere fact of the presence of an emigration agent recog- nised by Government has dene good by inducing more caution than might otherwise have existed, and that the vessels despatched to the British West Indies since my arrival have had as much care and attention bestowed upon them as was compatible under existing circumstances with the reckless and unregulated emigration to Cuba, Peru, and elsewhere, taking place at the same time from the same ports,, and by the same agents as the emigration to the British West Indies. 11 April. (No. 7.) Dear Sir, Canton, 26 March 1863. I AM in receipt of your favour of the 25th, mentioning "that it will be impossible to despatch the 'Emigrant'" before 31st March, and that "from what Messrs. Hyde, Hodge & Co. had written to you, you infer that an engagement entered into prior to the 31st March, although the vessel may not sail before that date, will be sufficient to entitle them to the bounty offered by the Government of Demerara for the importation of Chinese field labourers." The proclamation of the Governor of Demerara, bearing date 25th September 1852, states specifically that vessels leaving China subsequent to the 31st March will not be entitled to a higher bounty than 80 dollars for every adult field labourer landed in the colony; and iherefbre iMessrs. Hyde, Hodge & Co. cannot claim, on account of the " Emigrant," a higher bounty ihan the sum named in the proclamation. But INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 131 But as the charter was concluded previous to the 31st March, and as the emigrants may BRITISH be considered ready to go on board, and are only waiting for the opportunity, and as it was GUIANA, impossible to procure vessels at an earlier period, owing to the want of shipping, I am — — willing to take upon myself the responsibility of assuring you that the full amount of bounty, say 100 dollars, will be paid upon the labourers per " Emigrant," provided the Governor of the colony is satisfied that the spirit of the English Passengers' Act has been fairlv acted upon, and that the emigrants have been fairly and justly treated. I remain, &c. Messrs. Turner & Co. P. S. — I understand that the " Emigrant " will leave not later than the 20th April. (No. 10.) Memorandum of Agreement between Ho A. Sing, Native ofCanton in China, now resid- ing in Hong Kong, and James T. White, Agent for the Emigration of Chinese to the British West Indies. The said Ho A. Sing, having a knowledge of the Chinese, as spoken in the Knangtung provinces, and of Chinese writing, and also a knowledge of the English language and writing, engages to proceed to British Guiana, and to act as interpreter between the Chinese emigrating to the West Indies and all persons in authority over them. He agrees that on arrival in the West Indies he will place himself under the orders of the emigration agent, and will perform all such duties of interpreter as may be required of him by the said ao^ent, or by such other person as may be duly authorized by the Governor. He further agrees to serve as interpreter for a period of three years, dating from his arrival in the colony, and that during the continuance of said service he will at all times truly and faithfully interpret and explain the wants, wishes, and testimony of the Chinese emigrants ; and also interpret and make known to them the wishes, orders, and instructions of their employers, or of the magistrates and persons in authority ; and that he will do so either verbally or in writing in Chinese, or in English, as circumstances may require. In consideration of the above engagement, and of the due, faithful, and ready perform- ance of his duties, the said James T. White agrees to provide the said Ho A. Sing with a cabin passage to his destination, and to pay him as half wages for the performance of the duties of interpreter on board of ship at the rate of 20 dollars per month from the day of embarkation to the day of arrival ; and further to pay him 40 dollars per month from the date of his arrival in Deraerara, and the sum of 10 dollars per month additional (making 50 dollars per month) subsequent to the expiry of the first year, provided he shall conduct himself and perform his duties to the satisfaction of the Governor of the colony. Finally, the said J. T. White engages to provide the said Ho A. Sing with a free passage back to China, if he should wish to leave British Guiana at the expiry of this agreement. (signed) James T. White, E. A. Hong Kong, 5 April 1853. Ho A. Sing. Signed this 5th day of April 1853, in the presence of (signed) W. Scatt. A. G. Romano. The undersigned Ho A. Sing acknowledges to have received one hundred and twenty dollars (120 dollars), being three months' advance on the terms of this contract. (sigQied) Ho A. Sing. (No. 11.) Teems of an Agreement between Ong Soon Seng, a Chinese Native of Penang, and Forbes Scott Browne, Esq., Merchant of Penang, on behalf of James T. White, Esq., Govern- ment Agent for the Emigration of Chinese Coolies to Trinidad and Demerara in the We»t Indies. I, Ong Soon Seng, Chinese native of Penang, do hereby engage to act truly and faith- fully as an interpreter between Chinese coolies emigrating from the Fokien district of China to Trinidad or Demerara in the West Indies, and such persons as may be in authority over them. I further agree to proceed from Penang to China, and there place myself under the orders of James T. White, Esq., for the purpose of proceeding to the West Indies, as Chinese interpreter, in such vessel as the said James T. White, Esq., may appoint. I further agree that, on my arrival in the West Indies, I will proceed to such place and erform such duties of Chinese interpreter as may be imposed on me by the said James White, Esq., or by such person as may be duly authorized to impose the same. I further agree that I will continue to serve the said James T. White, Esq., or such per- sons as may be legally empowered to direct me, as such Chinese interpreter, for a period of five years, that is, till the 1st March 1858 ; and that during all the period of such service that I will at all times truly and faithfully make known to my employers the wants and wishes of 986. T2 the ? 132 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY ?TT T A^w A *^^ Chinese cooly emigrants to the West Indies ; and that I will, with the same truth and GUIANA. fidelity, make known to the said Chinese coolies the desires and instructions of my and their employers. (signed) Ong Soon Seng. Signed in our presence this 2d day of March 1863, (signed) Rob. Minter, Jun. A. M. D'Oliveiro. I, Forbes Scott Brown, merchant of Penang, acting for and on behalf of James T. White, Esq., Government Agent for the Emigration of Chinese coolies to Trinidad, and Demerara in the West Indies, do hereby engage to pay to Ong Soon Seng, Chinese native of Penang, the sum of 16 dollars per month, as monthly wages, fi'om tbe 1st of March 1853 during the period that he may be employed by the said James T. White, Esq., or by persons legally empowered to employ him as interpreter between Chinese coolies in Trinidad or Demerara, and their masters or employers, and to give him free lodgings and ordinary rations, rice and salt fish, or rice and salt meat. I do further agree to pay at Penang, to the order of the said Ong Soon Seng, during the period above-mentioned, a portion of his monthly wages, not exceeding one-half thereof. I do further agree to give the said Ong Soon Seng a deck passage to China per steamer, and that during his voyage from China to the West Indies he, the said Ong Soon Seng, while acting as interpreter shall be kept separate from the coolie emigrants, and shall have a separate and distinct place in the ship for his accommodation. And last, I do further agree to provide the said Ong Soon Seng with a free passage back, either to Penang, Singapore, or China, should he wish to leave the West Indies at the expiration of this agreement. (signed) F. S. BrovmJ Signed in our presence this 2d day of May 1853, (signed) Hob. Minter, Jun. A. M. D'Oliveiro. Received from Mr. F. S. Brown, as agent of James T. White, forty-eight dollars (#48), being three months' wages in advance, from 1st March, as per within agreement. Penang, 2 March 1853, (signed) Ong Soon Seng. Sub-Enclosure 2, to Enclosure in No. 6. (No. 14-) Sir, Steamer "Erin," 16 April 1853. In the hurry of addressing you previous to my leaving Hong Kong, I omitted two or three points to which I wish to advert. 1. If emigration is to be carried on next season, early arrangements are indispensable so as to allow the vessels to leave during the strength of the north-east monsoon. As a general rule they ought not to start before the 1st of September, nor later than the 31st of March. 2. I recommend that for the present, and until the emigration is brought into system, the agent be authorized to lay in the stores and provisions for the voyage. AH the articles may be obtained at very reasonable and steady rates, except beef and pork; these fluctuate greatly in price, owing to the irregular demand. 3. it would probably facilitate the chartering of vessels here if the agent were authorized to advance a small sum on account of the freight, say to the extent of 2Z. per head for each emigrant the ship could carry. This appears to have great weight with many captains, who corae to this port, as it would obviate the necessity of their drawing upon the owners, or placing their vessels in the hands of a ship agent. The advance ought not to be more than sufficient to cover the disbursements in port; 4. Independent of the disinclination of captains of vessels to engage in this service, in consequence of the accidents and disasters that had occurred. I found many unwilling to undertake it, because they could not obtain insurance on their freight, I am not aware that this can in any way be obviated, but it tends to increase the rate at which emigrants would otherwise be conveyed. 5. Looking to these and other points, it has occurred to me that it might perhaps be. advisable to hold out some gratuity to the captains, if the vessels and emigrants reached their destination in good order and condition. With this view I have drafted a letter, which I enclose for the information of the Commissioners, but I should not feel authorized to act on it without their sanction. 6. There is no doubt in my mind that almost every point on the south coast of China would afford a supply of able-bodied labourers. There is a large floating population of young, strong and active men, who have barely the necessaries of life, and are often driven to piracy for their subsistence. These men will all of them gladly emigrate; and while the emigration is confined to these men no abuses will take place; but if it be pushed beyond the point when this surplus labour is disposed of, then abuses commence, crimps are brought INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 133 brought into play, and men and boys are inveigled from their home, under false pretences BRITISH There is at every station a turning point of labour, within which emigration wDuld be safe GUIANA, and beneficial, and beyond which it would be unsafe and lead to practices by the native icrimps little, if at all, short of the traffic in slaves. It was tending towards this point when the disturbances broke out at Amoy. There is little internal communication, and therefore the neighbourliood of any particular district will probably become soon exhausted if any sudden and unusual demand were made upon the labouring population. The area for emigration must be increased in proportion to the demand. 7. The abundance or scarcity of provisions will at all times greatly influence the amount of emigration and the facility of obtaining good agricultural labourers. 8. No emigration to the West Indies will be satisfactory, however well conducted, until some Chinese return to tell their own tale, the Chinese will not seek for this emigration until some of their own race return, and a few well satisfied return emigrants are the best adver- tisement the colonies can have. To make this emigration safe and satisfactory, confidence must be established, and I see no way so likely to promote this object as to encourage the ' return of a few Chinese who have done well, and are satisfied with their position in the colony. These men will soon engage in trade and ship ventures to the West Indies, as is now done to California, and this point once gained emigration will flow in a natural stream and be regulated by the wants of the colonies. 9. I enclose three returns relating to emigration from the Fobkein province to Cuba, Sydney, and elsewhere. No. 1. is a statement of the number despatched to Cuba from 1847 to date; No. 2. is a statement of the emigration to Sydney; No. 3. to Honolulu and Peru. I have been trying to procure a similar return from Cumsingmoon and Macao, but with- out success. Being looked upon as a Government agent they are chary of giving me information. 10. Sir G. Bonham started so suddenly and unexpectedly for Shanghai, that I had not the opportunity I sought for to consult with him on some points I wished to submit for his decision. If anything should be required during my absence, there is no person more competent than Mr. Hillier, the chief magistrate; but practical carrying out of emigration would, I believe, be incompatible with its present duties. I have derived a good deal of assistance from Mr. W. Scott, an old resident here, and well known to the Chinese. I know of no one better quaUfied than he is to take charge of a limited emigration, if his appointment were acceptable to Sir G. Bonham. 11. If the Government think that my services can be of use for the emigration of future seasons, I shall be prepared to place myself at their disposal. Meanwhile as nothing can be done, or ought to be done, before September, nothing is lost by my leaving China during 4he intervening period. I shall wait upon the Commissioners as soon as I arrive in London. I have, &c. S. Walcott, Esq., Secretary (signed James T. White. Colonial Land and Emigration Commissioners. p.S. More extended inquiry leads me to think that women may be induced to emigrate from' the villages in the neighbourhood of Hong Kong. Many of the intending emigrants who applied at the office to be registered, stated that they would send for their wives and <:!iildren after they had been a short time in the colony; provided their passages were paid. I have ascertained also that there is a female foundling institution at Macao, under charge of some Catholic missionaries, from which a number of young girls might readily be obtained, and that the Catholic missionaries would give their assistance to promote my views. (signed) J. T. W. Proposed Letter to accompany Instructions. Sir, . , I HAVE already furnished you with general instructions as to the management of the Chinese emigrants entrusted to your care for conveyance to the British colony of These instructions might have been extended to a much greater length, but would per- haps fetter your judgment, if the details should be too rigidly adhered to, without sufficient regard to pecuUar circumstances as they arise. The health, comfort and welfare of the emigrants, during the voyage, depend almost entirely upon you. I trust, therefore, that you will on every occasion use firmness, tempered withjudg- ment and discretion in their management, (having always reference to the peculiar character and habits of the Chinese) and that you will treat them with kindness and consideration. The British Colonial Government in the West Indies are anxious that the emigration now- set on foot from China should be successfully carried out, and with the view to promote this •object and to insure attention to the emigrants on the voyage have authorized the payment of certain gratuities to yourself and officers upon your arrival m the West Indies. The conditions upon which the gratuities will be paid to yourself and officers are : 1 That the terms of the charter-party, so far as you are concerned, and also the instruc- tions with which you have been furnished, have been fully and fairly complied with. 2, That the emigrants have landed in good health and condition, and have no well-founded <;ause of complaint. 3. That no unusual mortality has taken place on board. 986. T 3 ^^^ BRITISH GFI AN A. 134 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY The payment to your officers will depend upon your report of their conduct. Your own gratuity will be at the rate of 20?. sterling for every 100 emigrants. For the first officer, at the rate of 8 1, sterling. For the second officer, at the rate of 4/. sterUng. A separate asrangement is made for the surgeon, as stated in his instructions. (No. 1.) Emigration of Contract Labourers to Cuba from 1847 to date. Date. Colours. Ships' Names. Wiere from. Number. Mortality. 1847: January - Spanish - Oquendo Amoy - 230 12 March - 1862: English - Duke of Argyll - - ditto - 420 38 - - Ten washed over- board in a gale. August - - ditto - British Sovereign - - ditto - 313 — September - ditto - Panama - ditto - 349 — October - Ditto - - ditto - - ditto - Gertrude Blenheim - ditto - - ditto - 350 463 ■ 1, November - ditto - Inchinnan - Namoa - 355 — December Ditto - - ditto - - ditto - Lady Amherst Sir T. Gresham - Amoy - Namoa - 275 347 — 1853: January - Ditto - Spanish - Enghsh - Julian d'Unzueta - Columbus - - ditto - Amoy - 350 300 — — February - Ditto - Spanish - - ditto - Bella Gallega San Andres - Namoa - - ditto - 390 383 = (No. 2.) Emigration of Contract Labourers to Sydney from 1848 to date. Date. Colours. Ships' Names. Where from. Number. Mortality. 1848: July English - Nimrod Ampy - 120 none. 1849 - - ditto - Cadet - - ditto - 150 — 1850: March - ditto - Gazelle - ditto - 134 3 November - ditto - Duke of Roxburgh - ditto - 272 16 1851 : August - - ditto - - ditto - ditto - 240 — September Ditto - - ditto - - ditto - Gainges Arabia - ditto - - ditto - 224 196 13 10 October - - ditto - General Palmer - - ditto - 335 70 - - Nearly all from dvsentery in Bally Straits. November - ditto - Statesman - - ditto - 180 none. December 1852: - ditto - Amazon - ditto - 303 13 - - Three jumped overboard because they had no opium. January - Ditto - November Ditto - - ditto - - ditto - - ditto - - ditto - Eleanor Lancaster Spartan Eleanor Lancaster Royal Saxon - ditto - - ditto - Namoa - Amoy - 240 260 260 227 10 10 - - Nearly all from dysentery in Sunda^ Straits. 1853: January - - ditto - Spartan - ditto - 354 "~^ INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 135 (No. 3.) BRITISH GUIANA Emigration of Contract Labourers to Honolulu, Peru, and Britkh Guiana. 1 . — _* — Dates. Colours. Ships' Names. ■Where from. Number. Mortality. 1851: Honolulu. November English - Thetis - Amoy - 199 7 All from cholera. 1852: November - ditto - - ditto - ditto - 101 none. 1852: 1 To Peru. July 1863: Peruvian Empresa Amoy - 404 70 - - Nearly all from dysentery. March - English - Nepaul Namoa - 500 — 1852: To I iniTiSH Gui iNA. July - ditto - Lord Elgin - Amoy - 155 — September - ditto - Glentanner - - ditto - 303 — November - ditto - Samuel Boddington - ditto - 352 — December - ditto - Australia Namoa - 445 — To Capta Comm in anding — No. 17.— (No. 82.) Copy of a DESPATCH from his Grace the Duke of Newcastle to Lieutenant Governor Walker. Sir, Downing-street, 18 July 1853. With reference to my despatch of the 29th ultimo. No. 71, I transmit to you herewith a copy of a letter from the Colonial Land and Emigration Commis- sioners, respecting the disposal of certain immigrants' clothing which Mr. White had shipped from China, and I have to instruct you to retain the whole of this clothing, as recommended by the Commissioners, instead of transferring a portion to Trinidad, as they had orginally suggested in their letter of the 15th June. I have, &c. (signed) Newcastle. No. 17. Duke of Newcastle to Lieut.-Governor Walker. 13 July 1853. V«i. ^3. Enclosure in No. 17. Colonial Land and Emigration Office, Sir, 2 July 1853. In our letter of the 15th ultimo, enclosing copies of letters which we had received from Mr. White, the emigration agent at Hong Kong, we noticed that Mr. White had shipped for Demerara, by the " Emigrant," 1,000 suits of clothing, which he had purchased for the emigrants by the " Martin Luther " and another ship which he expected to be able to despatch to British Guiana during the season. Mr. White proposed that half of this clothing should be retained in Demerara, and half sent on to Trinidad ; possibly in hopes that it might be available for return coolies or others for whom the Governor was bound to provide. 2. But on further considering this question, it appears to us that as both the ships for which this clothing was purchased were to be sent to British Guiana (the Trinidad emigra- tion being fully provided for by the ships of Messrs. Hyde, Hodge & Co.), no part of the loss incurred by the purchase could with any fairness be transferred to Trinidad ; and it is also to be remembered, first, that some of this loss will be recovered by the colony of British Guiana from the owners of the "Martin Luther," by whose default it, in part, occurred; 986. T 4 whereas End. in No. 17. 136 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY BRITISH GUIANA. v/hereas no such resource will be open to Trinidad ; and next, that the arrival of this quantity of clothing will be singularly inopportune in the latter colony, to which this Board has been recently authorized to ship upwards of 500 suits of clothing, 3. We would suggest, therefore, that the Go%'ernor of British Guiana should be instructed to retain the whole of the clothing despatched by Mr. White ; there being, in fact, no ground on which any part of it could be properly transferred to Trinidad. No. l8. Duke of Newcastle to Ljeut.-Governcr Walker. i6 August 1853. Herman Merlvale, Esq., &c. &c. &c. We have, &c. (signed) T. W. C. Murdoch. Frederic Rogers. (No. 96.) Copy of a DESPATCH — No. 18.— from bis Grace the Duke of Newcastle to Lieutenant Governor Wal/cei'. Sir, Downing-street, 16 August 1853. I TRANSMIT to you herewith, for your information, copies of two letters from the Colonial Land and Emigration Commissioners, reporting that they had been un- able to obtain shipping at a cost not exceeding 100 dollars, for the conveyance of Chinese emigrants to Jamacia and British Guiana. I have, &c. (signed) Newcastle. End. i,in No. 18, End. 2, in No. 18. Enclosure 1, in No. 18. Colonial Land and Emigration Office, Sir, 8 August 1853. 1. We have the honour to state, that on Wednesday last we received tenders for the con- veyance of 1,800 Chinese emigrants to Jamaica and British Guiana, but have found our- selves unable to engage any ships. A considerable number of tenders were sent in, but, with the exception of two small ships, the lowest offer was at the rate of 18 I. 10 s., and the rest ranged from that sum to 25 1. As, however, the cost of collection and embarkation (exclusive of the salaries of the emigration agent, interpreters, cooks, and headmen) is estimated by Mr. White at ^10. 59 c., which at the rates of exchange prevalent in Hong Kong is somewhat more than 2/. 10 s., it is obvious that none of these tenders could have been accepted without raising the total cost considerably above the limit of ^ 100, which" has been laid down by the colonists of British Guiana. 2. We of course accepted the two cheapest tenders, which were at the exceptionally low rates of 14 1, and 14 Z. 17 s. 6 d. ; but it subsequently appeared that one of the ships tendered was not fit for the service, and that the calculations on which they had been tendered had been based on a wrong form, which had been obtained from one of our officers. We did not think that we could with propriety take advantage of an evident blunder, of which we- had been so promptly informed, and we consequently consented to put an, end to the engagement. 3. We advertised, however, immediately for fresh tenders, to be sent in on Tuesday next. Herman Merivale, Esq. &c. &c. &c. We have, &c. (signed) T. W. C. Murdoch. Frederic Rogers. Enclosure 2, in No. 18. Colonial Land and Emigration Office, Sir, 9 August 1853. 1. With reference to our letter of yesterday's date, we have to state that we this morning received tenders for the conveyance of Chinese to the West Indies. 2. The lowest offer was of a small ship at the rate of 16 I. 19 s. per adult for Jamaica, or 17/. 9s. for British Guiana; the next was at 17 1. 17s.; the remainder were from 18/. 19s. Qd. to 21 /. 17s. As the expenses of collection, clothing, and agency may be estimated at little short of 4 /., it was evident that none of these tenders would have enabled us to- despatch emigrants under the rate of 1 100, which is fixed by the Court of Policy at BritisL Guiana. 3. We therefore thought it best not to accept any of these tenders. Herman Merivale, Esq. &c. &c. &c. . We have, &c. (signed) T. W. C. Murdoch. Frederic Rogers. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 137 TRINIDAD. TRINIDAD. Despatches from Governor Lord Harris. — No. 1. — (No. u6.) j^^ ^ Copy of a DESPATCH from Governor Lord Harris to his Grace the Governor Lord Duke of Newcastle. Harris to the Duke of Newcastle. Trinidad, 10 March 1853. lo March 1853. My Lord Duke, (Received 4 April 1853.) I HAVE the honour to report the arrival of the ship " Australia," with 432 Chinese immigrants on board. I enclose the acting agent general of immigrants returns and report, and also the health officer's report. I have, &c. (signed) Harris. Enclosure 1, in No. 1. Trinidad, Port of Spain, End. 1, in No. 1 . Sir, 10 March 1853. I HAVE the honour to report for the information of his Excellency the Governor, that, the ship " Australia," 1,170 tons burthen, anchored here on Friday the 4th instant, 78 days from Namoa, with 434 Chinese immigrants on board, 11 of the number having died during the passage. These people were classified on the 6th instant, and distributed on the 7th and 8th, during which two days more of the number died ; eight had been previously sent to hospital. The distribution took place in the usual mode, they were allowed to arrange themselves into groupes of from 17 to 34, according to their own inclination, whether arising from relationship or previous intimacy. They left the ship in good humour and on friendly terms with all on board. The " Australia" brought no interpreter, but this serious inconvenience was remedied in a great measure by the attention of Captain Brown of the " Benares," who sent up his carpen- ter a China man, through whom the people were told the nature of the contracts into which they had entered, and the work they were expected to undertake; they have been all employed in agriculture, and the majority of them in that connected with cane cultivation. They are good natured, but apparently rather stubborn. Their muscular development is more prominent than that of any set of immigrants I have yet seen, whether European or Asiatic, and their condition so high, that out of 424 assigned there were only two (convalescents) who appeared unfit to undertake at once labo- rious work. The indications, mental and physical, of the men, reflects, at the present period particularly, high credit on the discipline, treatment of the captain surgeon and subordinates. I have, &c. The Hon. James L. Wildman, (signed) Henry Mitchell, Colonial Secretary, Actg. Agent General &c., &c., &c. of Immigrants. 986. XJ Enclosure 138 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY TRINIDAD. End. 3, in No. i. Enclosure 2, in No 1. Port of Spain, 10 March 1853. Report on the Immigrants by the Ship " Australia", which arrived at the port of Spaia from Namoa, on the 4th March 1853. Name of the master _ _ - Name of the surgeon - - - . Date of departure - - - - Number of days on the voyage Registered tonnage - - - - Superficies of passengers' deck - Number of statute adults admissible - Number of such adults actually on board Number of crew _ _ . _ Port at which vessel touched - Date of touching - - - - Days there - - - - - If placed in quarantine, state the cause - John Noble. - Henry John Bland. - December 16th, 1852. - 78 days. - 1,170 tons. - 432. - 31 men. - None. Births on Emigrants Embarked. the Voy^e. Deaths on the Voyage. Emigrants Landed. Children Children Adults. under 14* Adults. Children. Adults. under 14. Total. M. F, Total M. F. M. F. M. F. 1 M. F. M. F. M. F. 445 .. - No ae 445 No ne 13 - - No ne 432 m ' w No ne 432 The Chinese labourers landed from ship " Australia" were, with exception of eight, sent to hospital, and two convalescents ; a most powerful set of men and in high order. For Henry Mitchell, Acting Government Immigration-Agent, (signed) James Wildron, Acting Colonial Secretary. End. 1, in No. 3. Enclosure 3, in No. 1. Sir, " Port of Spain, 4 March 1853. I HAVE the honour to report for his Excellency the Governor's information that I have officially visited the immigrant ship "Australia," direct from Amoy in China, 78 daysJ out. This ship received on board 450 Chinese immigrants, of which number 10 have died on the passage, and one committed suicide by drowning himself. The diseases which proved the cause of mortality, were inflammation of the lungs, affections of the bowels and heart, and in one case cerebral affection. The vicissitudes of temperature are reported to have affected these people a good deal. On inspection I find them almost all healthy and robust, apparently well adapted for agricultural labour; six only are reported as requiring to go to hospital. The INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 139 The accommodations of the ship are good, with the exception of deficient aeration between TRINIDAD, decks. Additional ventilating tubes and side ports are wanting. Nevertheless, the com- paratively small mortality among the immigrants, and their present satisfactory condition, I consider to be creditable to the officers of the ship. I have, &c. The Hon. James L. Wildman, (signed) Thos. Anderson, -m-n., Acting Colonial Secretary. Inspector of Health of Shipping. ~- No. 2. — (No. 30.) - No. 2. Copy of a DESPATCH from Governor Lord Harris to his Grace the Governor Lord Duke of Nemastle. SurofNewcastle. Trinidad, 22 March 1853. " ^^'•'='' ^»53- (Received, 23 April 1853. My Lord Duke, I HAVE the honour to forward for your approval an ordinance, entitled an • ^ Ordinance * "for the better Government of Chinese immigrants introduced at p. ig'^Ppen^i the public expense." ~~ — ^' *' It was deemed advisable to pass this ordinance, inasmuch as the conditions of the contracts which were entered into with the Chinese immigrants lately arrived in this colony did not altogether agree with the terms specified in the General Immigration Ordinance. The principle adopted is very similar to that embodied in the above-mentioned ordinance, there being only some few alterations in detail, which will facilitate the working of the law, and which are fully in accordance with the contract made by the Chinese to work under the directions of the agent general of immigrants for five years. I now wish to draw your Grace's attention to one or two circumstances respect- ing the arrangements which have been entered into respecting these people. 1. I should notice the contract, of which I forward a copy, which you will see is made for immigrants going to British Guiana, and which, though altered in one place is left incorrect in another. 2. I would call your attention to a copy of a statement of Captain Noble, the master of the vessel which conveyed these immigrants to this island. By this it appears that they might be brought here for 12 I., or at most 13 /., whereas the contract made with Messrs. Hyde & Hodge amounts to 100 dollars. Now Messrs. Hyde & Hodge may be very respectable persons, and it may be very obtuse in me not to see the advantage of making them so handsome a present, but whether it be so or not, I would most seriously represent to your Grace, for the sake of any measures you may yourself adopt in respect to this immigration, that this colony is not in a position to throw away 7,000 I. or 8,000 /. (which would be the case if the 1,000 Chinese expected, are brought on the same terms) for nothing, or for a purpose which its own paid agent could do equally well. For I should observe that this vessel was not sent out from England, but was taken up in China. Again, the system which, by Captain Noble's account, is carried on whilst ship- ping the Chinamen, would appear to require very considerable improvement. Advances, varying from 9 to 12 dollars per head, have been made by the agent of Messrs. Hyde & Hodge, at Amoy, to each immigrant, which sums are to be re- 986. paid 140 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY TRI NID AD, pai^ by a reduction from their wages ; but it appears very doubtful whether they understand the nature of the advance, more especially as they were plundered of the whole of it before leaving China. This gives me considerable cause for anxiety, and may originate difficulties which may be troublesome to overcome. I am, moreover, placed in a very great difficulty, as no interpreters were brought by the vessel, so that we are positively without any means of communication with the Chinamen. I cannot, but regret to have to call your attention to these points, which show an utter want of organization in China, for the purposes of emigration there, which I should have thought, after the experience gained in Indian emigra- tion, might have been easily arranged. The planters are highly pleased with the Chinamen, and universally consider them far superior to any labourers they have ever received, and it will be most unfortunate if any discontent should arise from circumstances over which we in this colony had no control. Captain Noble, in another statement made by him, says, " The different articles of clothing, furnished in retail, such as caps, jackets, trowsers, &c., cost 20 to 25 cents ; and in wholesale for a large number the equipment of each person would not amount to more than one dollar." The food, consisting principally of coarse rice, is sold at a very moderate rate, and for a large shipment, would not cost, including clothes, more than 1 I. sterling per head. Messrs. Tait received 2 ?. sterling head money, and paid the coolie brokers one doUar a head. These coolie brokers accompained the labourers to the ship, and when the latter got their bounty, relieved them of it to such an extent, that I do not believe that more than 5 per cent, of the immigrants retained a single dolkr. The only article they appear to have received in return was from 50 to ] 00 oranges each. The English Consul refused to sign the ship's papers because he had no authority to do so from his own Gavemment ; the refusal was unconnected with any immigration agency. I have, &c. (signed) Harris. INTHODUCEU INTO BRITISH GUUNA AND TRINIDAD. 141 TRINIDAD. Enclosure 1, in No. 2. (Nq. 18.) I, Dee Ts^NG, native of the village of Set Tin, in the province of Fokien, in China, of the j-^^] , ;,^ jr^, ^ ageof 19 years, have agreed to embark in the vessel " Australia," with the object of pro- " ' ceeding to the colony of British Guiana, obliging myself from and after my arrival to dedi- cate myself there to the orders of the Honourable the immigration agent of that colony, to whatever class of labour I may be destined, whether in plantations or other estates, during the customary hours of work in that colony, or even at other than plantation labour, as may be most convenient to the Honourable the emigration agent, or whoever may become the holder of this engagement; and to perform said work for four dollars of salary monthly, maintenance of eight ounces of beef, 1 1 lbs. of other alimentary food daily, medical assistance and medicines, two suits of clothes, one blanket, and one flannel shirt annually, it being agreed that in case of sickness, should it exceed 15 days, my salary will be suspended until I return to work, continuing in the meanwhile to receive medicines and medical attendance ; or in place of all the foregoing, that I shall receive six dollars per month, and find myself in all provisions and other necessaries, fulfilling these obligations for the space of five years continuous, which are fixed for the term of this engagement, during which it shall not be permitted me to leave the colony, nor deny my services to the persons to whom this engagement may be transferred; at the end of that period I shall be at liberty to act as may seem to me best. My passage and maintenance on board of said vessel shall be on account of Messrs. Hyde, Hodge & Co., from whom I confess having received, by Messrs. Tait & Co., the sum of 9| dollars in silver for my outfit for said voyage, and also two suits of new clothes with which to land, amounting to two dollars, on condition that both sums, 11 J dollars, I shall pay in Trinidad to the order of Messrs. Hyde, Hodge & Co. by one dollar monthly, which shall be deducted from my salary by the Honourable the immigration agent, or the persons to whom this engagement may be transferred, it being understood that on no other-plea whatever shall anything be deducted from my wages ; and in faith of fulfilling punctually this said obligation, I signed in Nanwa, this the 10th day of December 1852. It is understood that the salary agreed shall commence to run from within 24 hours after landing at Trinidad, unless both parties agree to cancel this agreement after arrival there. 986. X 142 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY ^£% m % ^ ^ m ^ m f^. n "^ ^..'^ m 2.m^ ^ m ^ B, ^ m'S ^ m %)^ 1 ii^. ^^ ft 5?c i^ # ;!.# 51, # x # ^ ^»V >^ X ^ij z: A ^ # ^ 1 4^ M ^> # :M ^ m X m. m> B K ^ ^ ^ w ^ :fB M * J^ . B^ ^ X ^. # K ^ ^ ^» A itB M z ^ m.m,m ^.^ m m :^ rsi ^ i^ ^ M.Z m m w 3 m^ ^ m u X ;f: ^ ^ t^, g # a ^IJ n ^ ^ A^ ^ ^ n m ^ z m .^. *. i?i? m ^ ^i. >i ^. 1^. m m m ^ *R m. :i ^ ^ ^.iiti w im m m m m )it ti ^ ^.m ^1 m ^ ^ m if,^ ^i^nzmwm^mmi^mM^.m> ^w# ,f^ t- i 5-» M ^ ^ )gi * p ^ ^ jr^.M m ^.^%^ mm §^. Hi I' da: L fe m j: 1»i M X ^ ^ n -^ A^n^^ %^ m n m ^ mm h ^1^ s. ± m ^ m n.M itfc n ^ ± ^^ ] m. m T m, M ^ w\ w m ^,m ^ ^v m ^ ± ± :& m m jitrff oc m^ 4^ INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 143 Enclosure 2, in No. 2. Owners of the ship " Australia," Messrs. Charles Moore & Co., No. 9, Rumford-place, Liverpool, receive for each immigrant landed alive 10 Z. sterling, the ship finding water and fuel only. My opinion is, that those men can be brought to this island, including all expenses, for 12/. per head, as 1 should suppose that an average passage for such vessels as are now in our employ, should not exceed, under any ordinary circumstances, 80 days from China. The bounty received by each Chinaman previous to embarking, viz., ^. 9. 50 was inva- riably taken from them by the coolie brokers who engaged them. This wholesale robbery greatly enhances the probability of mutiny on board the vessels taking them. Trinidad. (signed) John Nohle, Commander Ship " Australia." TRINIDAD. End. 2, in No. 2. (No: 47.) Copy of a DESPATCH from No. 3. Governor Lord Harris to his Grace the Duke of Neivcastle. Trinidad, 22 April 1853. My Lord Duke, (Received 19 May 1663.) I HAVE the honour herewith to forward to you a report, which I directed the agent general of immigrants to compile for the purpose of forwarding, as it appeared probable that you would be desirous of possessing early information^ of the state and condition of the Chinese who have arrived in this colony. I have, &c., (signed) Harris: No. 3- Governor Lord Harris to the Duke of Newcastle. 22 April 1853. Enclosure in No. 3. Immigration Office, Sir, 14 April 1853. I H AVE the honour to state, for the information of his Excellency the Governor, that on Tuesday the 12th instant, Mr. Aynsley, agent of the firm of Messrs. Miles &. Kington, called at this office, and reported that the Chinese immigrants located on the Cavoni estates had refused to receive theh" montlily pay ' of three round dollars, as per agreement signed at Namoa ; they insisted on receiving four round dollars, and alleged that their countryrnen on other estates had received the same sum. Taking the two interpreters, I accompanied Mr. Aynsley to the estates in question. We called first at Barataria, and there ascertained that the people had been paid four dollars each. On their agreements being explained, they immediately went, to their rooms and brought back the dollar for the monthly repayment of the advance at Namoa. They did so with complete goodwill. On the Cavoni estates, after a similar explanation, four dollars were handed to each man, he retained three, and gave one to me. Notwithstanding the interpreter telling them the sick people would be paid in their own houses, they (the sick) came up either alone, or assisted by their friends, to the manager's dwelHno- to be paid, an imprudence which may cost some of them their lives. On the Curepe the people had been paid four dollars each ; they asserted that the money being already spent, they could not repay at the moment, but would do so next pay day. Yesterday I visited with the interpreters the two remaining estates in this district on which Chinese were located; they had been already paid at the rate of three dollars per month. A marked improvement had taken place in the amount of labour performed since the first visit which I had the honour to report. On the Orange Grove every man but two had fini&hed this task on Tuesday. Sickness still continues to a considerable extent, and the labour of the new immigrant cannot be rated on an average at less than Is. 3d. per task. They are fond of good living, and many purchased poultry with their money. The prevailing sickness is, I apprehend, not altogether due to the accident of their being new-comers, as on inquiry 1 found that the average of serious attacks amonast the native peasantry and coolies had been greater than for many previous months. I have not yet been able to visit the Camden estate in Gonoa, to which a lot of Chinese were assigned, but I have this day learned from the house of Messrs. Hume, Bernard & Co., the town agent, that, with the exception of sickness to a considerable extent, they are doing well. With regard to Cedros, the remaining locality, where two large lots have been assigned^ I have much pleasure in annexing the following copy of the warden's report. I have, &c. (signed) Henry Mitchell, The Hon. James S. Wildman, Acting Agent-General of Immigrants. Acting Colonial Secretary. End. 1, in No. 3. 986. Sir, 144 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY TRINIDAD. Sir, St. Marie Estate, 11 April 1853. Knowing your anxiety regarding the Chinese immigrants, I beg to state that they are superior to any immigrants I have yet had under my charge ; they are more intelligent and tractable than the African, and cleanlier, healthier, and stronger, than the coolie. They are also giving Mr. Watson, at St. John's, satisfaction. I am, &c. Henry Mitchell, Esq., (signed) Andrew Wyllie, Actiiig Agent-General of Immigrants. Warden. Sir, Craignish Estate, 16 April 1853. I AM iu receipt of your note of the 15th instant, regarding a return of my Chinese immi- grants. I received 23, numbered as follows : 50, 265, 43, 132, 255, 134, 242, 4, 237, 356, 269, 46, 132, 244, 153, 223, 122, 27, 28, 35, 446, 38, 397. These people are now all in good health. Two days after they arrived on the estate I put them out to gang-work, to weed young canes, at which they continued, under the superintendence of an overlooker, for three weeks ; daring that time one was employed cooking for the others, and one was off duty'forlO days frotn a cut on the sole of the foot, and another two days from having been stung by a scorpion. At the end of the three weeks I tried them with task-work, but as I was not so much satisfied with their work in that way, I again put them into gang-work. As I have kept no exact account of the cost of the blankets, clothing, and provisions I have giv^n them, I cannot inform of the cost of a task or day's work, but from a calculation I have made I think their labour cost me about 60 cents per day. I am, however, decidedly of opinion that they will shortly be very much reduced; and as to their general capacity, I must say, that during upwards of 30 years' experience as a practica:l planter in this island, I never saw people more wiUing to do their work than these men, and if they continue a,s they are now doing, L have no doubt but they will be the best immigrant labourers we have ever had in Trinidad. I have, &c. Henry Mitchell, Esq., (signed) Colin Campbell. Acting Agent-General of Immigrants. Sir, Immigration Office, 20 April 1853. I HAVE further the honour to report that since the precedinu; statement was written, I visited the ,Camden estate, on which 26 Chinese are located ; as will be perceived by the proprietor's return, their behaviour and work was of a sufficifutly promising nature. In the Napaima's, where the prevalence of much sickness existed 10 days previously, I have to report complete convalescence ; with few exceptions nearly all are at work ; this was particularly the case at William's Ville and Garth. There was only one estate on which there was an evident determination not to work, named the Friendship. A fight had taken place on the previous day (Sunday), between the Creoles and Chinese, in which two of the latter and one of the former were wounded on the head, with sticks. It was evidently a drunken affray, but after a careful investigation of several hours before three justices, the evidence was so little reliable, as to necessitate the leaving the matter to the judgment of the stipendiary justice at his visit on the ensuing Friday. It appeared to me that there was a misunderstanding between the superintendent and the new labourers, but as we could not ascertain its nature, I advised Mr. Begg, the proprietor, before proceeding to extreme measures, to shift the people and give them atrial on the William's Ville, one of his other estates in the neighbourhood, where a set of Chineste were working well, as per following report : — Extract of Report on Chinese, from John Harris, Esq., William's Ville Estate. Sir, 16 April 1853. I am in receipt of your communication respecting the Chinese, and in reply, beg to state that as inunigrants they are in a fair position, and stand in about the same ratio as the coolies. I have not the least doubt in my own mind that they will prove equally valuable; they are at present more expensive, but with judicious management that will be soon got over. On this property they have been sickly for some time, but now all are at work save two, one of whom was hurt accidentally.^ The deaths on this estate since 1845, have been four coohes in 1846 and in 1847; there have been none since. I have, &c. (signed) John Harris. It is to be remarked regarding this estate that the total number of emigrants received since 1846 to date, has been 250; of these many who prqpose returning shortly to Calcutta, have been six years on the estate, have been regularly industrious, and for the most part are suflSiciently wealthy to retire to India with a competency. Mr. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 145 Mr. Tloston, of Camden, Caraccas and Susannah estates, writes as follows :— TRINIDAD. My dear Sir, — — The following statement is the expense of one month's labour of the 25 Chinese immi- grants allotted to me : — Cash paid for one month's wages 50 lbs. of rice - _ _ Fish and pork - _ _ Medical attendance One blanket - _ _ Proportion of Government bounty $. c. 4 - 2 - - 60 - 33 52 80 8 26 I had for these $ 8. 22 c. an average of 22 days' work from each, which makes an average for one day s labour 37^ c. With regard to their conduct, health, &c. I beg leave to report, ' ,=" That they are a set of very good, obedient and hard-working labourers. That during the whole month there were only two of them sick; one is asthmatic and incurable; the other was a case of sore throat, with fever, now recovered. Not one has had even a chigoe. That they appear to be well contented, and are as pleased with me as I am with them. That the only difficulty 1 have is the want of an interpreter, and I am of opinion that aa soon as I can make myself understood by them they will be as good, if not better, than the coolies, and that 1 have a most sanguine hope of their being in a very short time the best lot of labourers we have in Trinidad. I also take the liberty to state that during the three years I have resided on this estate the average number of coolies I had in my employ- ment was 48, sometimes more, sometimes less; and that during the said three years there was not a single death among them. Creoles was 11. That on the two upper estates, Susannah and Caracas, during the same period there were no deaths ; the number of coolies on the two estates being 80 to 90. I have, &c. The Hon. James S. Wildma», (signed) T. Rostant. Acting Agent-General. On the Orange Grove estate, where as has been already stated, they give satisfaction, the total expense of 25 for the first month was 1. 185. 55 c. ; 7 $. 50 c. per head. The following is a communication of an earlier date from Mr. James Taylor, of Broomage estate : Dear Sir, Broomage Estate, 26 March 1853. I, duly received your much esteemed communication, regarding the then expected Chinese immigrants, and before I had an opportunity of replying, I had the satisfaction of receiving the allotment of these people sent to this estate. To your observation, and to the remarks quoted in the Port of Spain Gazette, I gave it full consideration, and you may rest assured that as far as in me lies I will cordially co-operate in trying to render Chinese immigrants successful. I fully concur with you in thinking that their introduction into this colony is likely to tend moie to its stable pros- perity than anything that has hitherto occurred. From the short experience I have had of these people I like them exceedingly, and I have very little hesitation in predicting that in a short time they will be the most efficient labourers we have. They appear to have the strength to do all kinds of work required of them, and at present they exhibit a ready will to try anything they are told to do ; they jump at the first call, and the merry noisy way in which they tumble out to their work reminds me of the "scaling" of a school. It is a pity that there is no interpreter to visit the estate occasionally, yet, I think, they will soon be able to make themselves understood ; not being clogged with the trammels of caste they mix more freely than the coolies with the Creoles, who say of them they are not so "cornful" as the coolies. I have tried them at most kind of work and they gave me every satisfaction ; this week I gave them tasks, 70 feet square to weed, they all finished, and some of them by noon. I have been expecting to see you here for some time. I wished to make application to you for 25 more, either Chinese or coolies, but I would much prefer the former. I have joined Mr. Lambie in the Buen Intento estate, and wished them for that property ; if you can give me an allotment every care shall be taken of them ; they will be solely under my own control, as I intend to manage the estate myself for the wet season. I am, &c. Henry Mitchell, Esq., * (signed) J. Taylor. Acting Agent-general of Immigrants. Should the remaining returns be sent in before the packet sails their substance will be annexed to this report. The general conduct of the indented coolies gives satisfaction. During the last three months no complaint worthy of notice has been made by either : g86. Y 2 employer 146 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY TRINIDAD., employer or labourer, and of the latter whose time has expired and are anxious for a retum ■ passage few leave the estates mentioned in their certificates. The coolies who arrived this year are. also working well, and the amounts due for premium on each lot have been paid up, with the exception of one sent to Harmony Hall and a gang of Chinamen to Macoya. I have, &c. The Hon. J. S. Wildman, (signed) Hy. Mitchell, Acting Agent-general. Acting Agent-general of Immigrants. Sir, Broomage Estate, 20 April 1853. In compliance with your request in your note of 15th instant, I here furnish you with a reply to the queries regarding the Chinese immigrants allotted to this estate : 1. I received 23 coolies, all in good health but one, who has not yet worked, but is now convalescent ; they were all afflicted with a sort of itch during the first month ; a little medical treatment, assisted by their own habits of personal cleanlines.s, soon got rid of it.j they are now all in good health and excellent spirits. 2. I kept no regular account of their work during the first month, but every one (save the sick ones, and there was very little sickness amongst them) worked every working day ; they did a good day's work; they took pains to do their work well, and they work with such a cheerful willingness as cannot but give great satisfaction to employers generally. 3. One man (who came sick upon the estate) has not yet worked ; another was laid up for more than the half of the month. 4. The money wages and allowances of food will amount to mdre than 30 cents per head daily (day's work), and besides I furnished them each with a blanket, a tin pan, a pot, a hat, knives, forks, and spoons, a hoe, cutlass, medical attendance, and a nurse ; also duty on assignments, all this put together will make their labour very expensive for the first month ; but if at the expiration of three months they are to be put on a footing with the other labourers, not only will we be indemnified by having so effective a supply of continuous labour, but the people themselves will be more industrious and comfortable ; as for two tasks they will get double wages, and they will have their own gardens, pigs, poultry, &c. There have been no deaths simongst the Chinese immigrants on this estate, and for upwards of four years there has not been a death on this estate nmongst the coolies. If the very objectionable condition of the Chinese agreements, that they aretq-r ceive pay as well as be fed when Sick, were done away with, and if they were put on the same footing as other new immigrants, I would greatly prefer them to any labourers we have. I have, &c. (signed) J. Taylor. Macoya Return. NiMETEEN Chinese, for the month ending 10th April, cost 199 dollars, or $. 10. 40. each. The monthly rate on this estate is high, from the circumstances of one having died, and the remainder having lost 163 days by sicknsss. Their daily work averages" 15 cents. Sir, Garth Estate, 19 April 1853. I AM in receipt of your letter of the 17th instant, and in reply besi to inform you that I leceived on the 10th March 24 Chinese labourers, of these two have died. The quantity of days' work and tasks from the whole amount to 572, which, at a total expense of 163 dollars lor sick inclusive, gives an average of a little over 30 cents per day. I am of opi- nion that the climate had nothing to do with their sickness on arrival here. Sea scunry broke out on many, as well as sore legs. The two deaths were from dysentery and fever, which, I may remark, were generally prevalent among the Creoles on the estate at the same period ; 17 of the Chinese were seriously indisposed. As a lubouring class they are, in my opinion, equal to any introduced into the colony. The principal difficulty was that regarding the language. In reply to your last quaery, as to how many coolies I have received on Garth estate, and how many have died, I have to state as follows: on the 28th February 1846, 26 coolies; on the 6th May 1846, 25 coolies; one of the last died within 10 days after arrival, of dysentery; on the 19th June 1847, 27 Madras coolies, who all ran away as soon as the coolie ordinance was disallowed at home— (Mciw. I never got back my 54 Z. sterling from Government House); on the 13th March 1852, 15 coolies, who are all alive ; and on the 6th June 1852, 10 coolies, one of whom came in a dying state, and only survived 10 days. I have had many coolies from other estates, but the deaths abovementioned are all thai occurred here, namely, two coolies and two Chinese. I am, &c. Henry Mitchell, Esq., (signed) Wm. Taylor. Acting Agent-general of Immigrants. 22 April INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 147 22 April 1853.— -I have further received a verbal report from the manager of the Jordan TRINIDAD. Hill Estate, on which one of the largest Chinese gangs is located. The people, though somewhat expensive, are giving full satisfaction, being both intelligent and willing; they, like nearly all the rest, have laid out most of their month's pay in poultry, pigs, and clothing — tastes which will tend fully as much to the general welfare of the colony as to their own comfort, and are likely to prove their best chance of escape from rum drinking, for which they show a rather stronger predilection than might have been predicated from tea- drinkers. (signed) H. M. — N0.4.— (No. 59.) Copt of a DESPATCH from Governor Lord Harris to his Grace the ^ ^^'^ 4- i^ 1 jf -AT .1 tTOvernor Lord Duke of Newcastle. Harris to the Duke Trinidad, 7 May 1853. ^-^^^'^r^- My Lord Duke, (Received 31 May 1853.) ? '"J" •'■^• I HAVE the honour to report the arrival here of the ship " Clarendon," on the -23(1 of last month with 251 Chinesemefi. I enclose the reports of the health officer and of the agent general of immi- grants. I send also a copy of one of the agreements which had been entered into with Ihese men. There are two points in these agreements which I wish to bring to your Grace's notice, as they both tend greatly to diminish the advantage of this immigration. The first is, that these people are allowed to remain 13 days in the hos- pital at a time, and not lose their pay, so that a man may secure the whole of his month's wages by working only three days, and by remaining in hospital the rest of the time. The second is of greater importance, and the untoward consequences of the arrangement are not to be got over. It is, that by the contract an engagement is made to pay five dollars a month to these people. By this Act I have been placed io a most awkward predicament, and was at one time at a loss to know what I should do with the cargo, for the planters at first declined to take them at a higher rate than those which had previously arrived, who receive four dollars, and the Chinese stoutly refiised to take less than had been agreed on. A number of the agents and proprietors of estates came forward with great spirit and divided the cargo amongst them, whether they needed them or not, and relieved me of the difficulty. I do not know who may have been the actual author of this very careless arrangement. So far as I can gather it appears to have been left to the dis- cretion of some agent at two or three removes of Messrs. Hyde k Hodge, who commissioned the captain of the vessel to make the bargain, and that the rate might have been even higher, had he pleased to raise it. He appears at all events to have been quite unconscious of one very necessary element of the labour question, which is, that there should not only be a supply but that the rate of payment should be such as will aiford a prospect of remu- neration to the employer, and which will not upset the arrangements already entered into with the rest of the population. There is at present not only the probability that all the Chinamen who had previously arrived will be dissatisfied unless they receive the same rate of wages, but that discontent will be aroused amongst the rest of the population, Indians, Africans and Creoles. The difficulty is aggrava;ted in consequence of the non-arrival of vessels to lake the coolies whose term of, five years has expired, so tha,t there exists a larger number of immigrants than was expected at the time when the calcur lations for the necessary supply for this year was made. It is very disagreeable to me to feel it my duty so frequently to point out defects in the manner in which the immigration to this colony is conducted, and I am aware how easy it is for those inexperienced in the difficulties of any particular case to find fault ; at the same time it is a cause of great dis- appointment to me, after having been toiling at this business for six and a half q86. Y 3 years, * TRINIDAD. 148 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY years, and after having accomplished a successful result, for it was working admir- ably, and as smoothly as a well-kept engine, with both proprietors and labourers satisfied and contented, to see its stability risked by such careless treatment. I am, however, not unprepared with a remedy, for I feel certain that the im- migration to this island could be carried on without a difficulty by merely the two present loan agents, and an agent in London, and one agent in India, and another in China, I may add, that the additional dollar granted to this batch of Chinamen, will be an increase of expense to the planters of 13,000/,, supposing, which will probably be the case, that the wages of the whole body will have to be raised ; a fact which at once shows the necessity for caution in arrangements of this nature. I have, &c. (signed) , Harris. End. 1, in No. 4. Enclosure 1, in No. 4. Port of Spain, 30 April 1853, Report on the Immigrants by the Ship "Clarendon," which arrived at Trinidad from Whampoa on the 23d April 1853. Name of the Master - - . - - - - George Bilton. Name of the Surgeon - - _ . _ Edward Patrel. Date of Departure - - - - - -29 December 1853, Number of Days on the Voyage - - - - 114. Registered Tonnage - - - - - -550. Superficies of Passengers' Deck - - - - — Number of Statu:te Adults admissible - - - — Number of such Adults actually on board - - 251. Number of Crew __---- 20. Port at which Vessel touched - - - - St. Helena. Date of touching ------ 25 March 1853,. Days there __-----2 days. If placed in Quarantine, state the Cause - - — Emigrants Embarked. Births on the Voyage. Deaths on the Voyage . Emigrants XtBixAe^^ Adults. Children under 14. Total. M. F. Adults, Children. Adulti. Children under 14. Total. M. F. M. F. M. F. M. F. M. F. M. F. 254 - - - - - - 254 - - - - 3 - - f - - - 251 - - - - 251 The above Immigrants were in excellent order except one consumptive and one acci- dentally hurt a few days previous to landing. (signed) Hi/. Mitchell, Government Immigration Agent. End. 2, in No, 4. Enclosure 2, in No. 4. Sir, Port of Spain, 23 April 1851, I HAVE the honour to report, for the information of his Excellency Lord Harris, that I visited oflBcially this morning the immigrant ship " Clarendon," from Whampoa, in the Canton river. This ship took on board &t that place 254 Chinese immigrants, of which number three died on the passage hither; one case from dysentery, and two of fever of complicated type- These immigrants present almost without exception a healthy and robust appearance, only one of the whole number requiring to go to hospital ; this is a case of pulmonary consumption in the first stage of the disease. The INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 14^ The ailments on the passage were trifling, mostly cutaneous affections, yielding to an appropriate treatment. The accommodations of the ship are unexceptionable. It is proper to state, that in addition to the deaths among the immigrants, the first mate of the ship died on the passage from dysentery. I have, &c. (signed) Thos. Ande7'son,M.ii., The Honourable James L. Wildman, Inspector of Health of Shipping. Acting Colonial Secretary. TRIKII>AD. Enclosure 3, in No. 4. I, A. Gqung, native of the village of , in the province ^f Q"^"t"i>g>^ in China, of the age of 28 years, have agreed to embark in the vessel "Clarendon," with the object of proceeding to the colony of Trinidad, obhging myself from and after my arrival to dedicate myself there to the orders of the Honourable the Immigra- tion agent of that colony, to whatever class of labour I may be destined, whether in planta- tions, or other estates, during the customary hours of work in that colony, or even at other than plantation labour, as may be most convenient to the Honourable the Immigration Agent, or whoever may become the holder of this engagement, and to perform said work for five dollars of salary monthly, maintenance of eight ounces of beef, one and a half pounds of other alimentary food daily, medical assistance and medicines, two suits of clothes, one blanket and one flannel shirt annually, it being agreed that in case of sickness, should it exceed 15 days, my salary will be suspended until I return to work, continuing in the meanwhile to receive medicines and medical attendance; or, in place of all the foregoing, that I shall receive seven dollars per month, and find myself in all provisions and other necessaries, fulfilling these obligations for the space of five years continuous, which are fixed for the term of this engagement, during which it shall not be permitted me to leave the colony, nor deny my services to the persons to whom this engagement may be transferred ; at the end of that period I shall be at liberty to act as may seem to me best. My passage and maintenance on board of said vessel shall be on account of Messrs. Hyde, Hodge & Co., from whom I confess having received by Messrs. Turner & Co. the sum of 10 dollars in silver for my outfit for said voyage, and also two suits of new clothes with which to land, amounting to , on condition that said dollars I shall pay in to the order of Messrs. Hyde, Hodge & Co., by one dollar monthly, which shall be deducted from my salary by the Honourable the Immigration agent, or the persons to whom this engagement may be trans- ferred, it being understood that on no other plea whatever shall anything be deducted from my wages; and in faith of fulfilling punctually this said obligation I signed in Whampoa, this the 28th day of December 1852. It is understood that the salary agreed shall commence to run from within 24 hours after landing at Trinidad, unless both parties agree to cancel this agreement after arrival there. End. 3, in No. 4- — No. 5.— (No. 84.) Copy of a DESPATCH from Governor Lord Harris to his Grace the Duke of JVezvcastle. Trinidad, 4 July 1853. My Lord Duke, (Received 1 August 1853.) I HAVE the honour to report to your Grace the arrival of the " Lady Flora Hastings " with 306 CHinaAien. Copies of the reports of the health officer and of the agent general of immi- grants are enclosed. I have again to complain to your Grace about this vessel having arrived here without an interpreter. The difficulties which have occurred in consequence of this unaccountable neglect have been and are very great. We have but one interpreter, procured unexpectedly from a coolie's ship, in which he was engaged as carpenter, and he is now almost worn out from having so constantly to run about the country from one police station to another. The captain of " The Lady Flora Hastings " informs me that he could have brought any number of interpreters, speaking English well, from Hong Kong. I have, &c. (signed) Harris. No. 5. Governor Lord Harris to the Duke of Newcastle. 4 July 1853. 986. Y4 Enclosure TRINIDAD. End. i,in No. 5. 150 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY Enclosure I, in No. 5. Sir, Port of Spain, 28 June 1853. I HAVE the honour to report, for the information of his Excellency Lord Harris, that L visited this day the immigrant ship " Lady Flora HastingSj" out i07 days from Amoy, having touched at St. Helena, with Chinese coolies on board. This vessel received on board 316 immigrants, all from 14 to 40 years of age, of wliich number nine have died on the passage ; three from fever, two from dysentery, one from inflammation of the lungs, one from scurvy, also two from sudden affections of the head ; cutaneous affections and bowel complaints prevailed on the passage. The doctor reports eight lequiring to go to hospital, none of them acute cases; there are two Chinese doctors on board appointed to attend the sick, in addition to the ship surgeon. These immigrants are, without exception, strong and healthy, and are in the highest spirits ; the captain states, that he found them tractable and well conducted ; the accommo- dations on board for the immigrants are very good. I have, &c. (signed) Thos. Anderson, m.d., The Honourable Thomas F. Johnston, Inspector of Health of Shipping. Colonial Secretary. End. 2, in No. 5. Enclosure 2, in No. 5. Port of Spaip, 8 July 1863. Report on the Immigrants by the Ship " Lady Flora Hastings," which arrived at Trinidad" from Namoa on the 28th June 1853. Name of the Master W. Wild. Name of the Surgeon --__-_ G.W.Nichols. Date of Departure ------- ll March 1853. Number of Days on the Voyage _ - _ - 108. Registered Tonnage ------- 674. Superficies of Passengers' Deck - - - - — Number of Statute Adults admissible - - - — Number of such Adults actually on board - - - 305. Number of Crew ------- 22. Port at which Vessels touched - - - - - St. Helena. Date of touching ------- 31 May 1863. Days there -------- One. If placed in Quarantine, state the Cause - - - Nil. BIrtbs on Emigrants. Embarked. the Deaths on the Vojrage. Emigrants Landed. Voyage. CWldren Children Children Adults. under 14. Total. M. F. Adults. under 14. Adults. under 14. Total. M. F. M. F. M. F. M. F. M. F. M. F. 314 - - - - - - 314 — — 9 - - - - - - 305 - - 305 - - 306 These immigrants were all landed in excellent condition, except 12 sent to hospital, chiefly- cases of scurvy, complicated with rheumatic pains. (signed) Hy. Mitchell, ' Agent-general of Immigrants. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 151 (No. 87.) Copy of a DESPATCH —^ No, 6. — TRINIDAD. from Governor Lord Harris to his Grace the Duke of Neivcastle. Trinidad, 7 July 1853. My Lord Duke, (Received 1 August 1853.) I HAVE the honour to forward to your Grace a copy of a resolution passed at the last meeting of the Legislative Council of this colony, which is to the effect that 300 Chinese should be imported next year, in addition to the 1,000 coolies. The intention of this resolution is to show that there is no desire on the part of this colony to relinquish the Chinese immigration, but that if the funds for immi- gration purposes allow of it, it is thought desirable that the connexion now established should be continued. i was requested also to mention to your Grace, that it would be very desirable if half of the number at least could be women. I find from the captain of the " Lady Flora Hastings," who appears very well acquainted with the service, that there would be no difficulty whatever in procuring women, but that to succeed in doing so, it would be necessary to accede to the custom of the coilntry by giving a bonus in money for them. I have, &c. (signed) Harris. No. 6. Governor Lord Harris to the Duke of Newcastle. 7 July 1853. Enclosure in No. 6. Extract from the Minutes of the Legislative Council, dated Friday, 1st July 1853. Resolved,—" That in addition to the 1,000 coolies to be introduced from India in the year 1854, it is expedient also to introduce 300 free labourers from China, such number to include 150 females, if procurable." End. in No. 6. Despatches from the Secretary of State. — No. 1.— (No. 15.) Copy of a DESPATCH from his Grace the Duke of Newcastle to Governor Lord Harris. My Lord, Downing-street, 31 January 1853. I TRANSMIT to you herewith, for your information, copies of two letters from the Foreign Department forwarding copies of despatches and other documents received from Dr. Bowring, relating to the emigration of Chinese labourers. I also enclose a copy of a letter from the Colonial Land and Emigration Com- missioners, to whom these papers have been referred. JL I13iVGj OtC» (signed) Newcastle. No. 1. Duke of Newcastle to Governor Lord Harris. 31 January 1853. ^ee ,, I0K2 1^ "t^Ls^^^ 986. — No. 2.— TRINIDAD. No. 2. Duke of Newcastle to Governor Lord Harris. 20 February 1853. See V:--"^ 152 PAPERS RELATING TO CHINESE IMMIGRANTS RECiENTLY — N0.2.— (No. 23.) Copy of a DESPATCH from his Grace the Duke of Nezvcmtle to Governor Lord Harris. My Lord, Downing- street, 20 February 1853. With reference to my despatch of the 31st ultimo, I transmit to you a copy of a letter from the Foreign Department, enclosing copy of a farther one from Dr, Bowring, in reference to the emigration of the Chinese, together with a copy of a report from the Colonial Land and Emigration Commissioners on the subject. You will examine into and report on the allegations contained in the last para- graph of Dr. Bovwing's letter, as suggested by the CommiBsioners. I have, &C. (signed) Newcastle. No. 3. Duke of Newcastle to Governor Lord Harris. 22 March 1853. febf \o3- — No, 3. — (No. 31.) Copy of a DESPATCH from his Grace the Duke of Newcastle to Governor Lord Harris. My Lord, Downing-street, 22 March 1853. I TRANSMIT to you herewith an extract from a letter from the Colonial Land and Emigration Commissioners, transmitting copies of two letters received from Mr. White, the agent for conducting Chinese emigration, reporting the progress that has been made in despatching emigrants to the West Indies. I have, &c. (signed) Newcastle. No. 4. Duke of Newcastle to Governor Lord Harris. 24 March 1853. — No. 4.— (No. 32.) Copy of a DESPATCH from his Grace the Duke of Newcastle to Governor Lord Harris. My Lord, Downing-street, 24 March 1853. I TRANSMIT to you herewith, for your information, a copy of a letter from the Colonial Land and Emigration Commissioners, with copies of two further letters from Mr. White, reporting the progress he has made in the despatch of Chinese emigrants to the West Indies. I have, &c. (signed) Newcastle. No. 5. Duke of Newcastle to Governor Lord Harris. 20 April 1S53. ' Seev:- — No. 5. — (No. 41 .) Copy of a DESPATCH from his Grace the Duke of Newcastle to Governor Lord Harris. My Lord, Downing-street, 20 April 1853. " I TRANSMIT to you, foT your information, a copy of a tetter from fee Colonial Land and Emigration Commissioners, with copy of a further retport from Mr. White, on Chinese emigration to the West Indies. 1 have, &c. (signed Newcastle. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. ^53 — No. 6.— (No. 50.) Copy of a DESPATCH from his Grace the Duke of Newcastle to Governor Lord Harris. My Lord, Downing- street, 30 May 1853. 1 TRANSMIT to you herewith, for your information, a copy of a letter from the Colonial Land and Emigration Commissioners, with copies of communications from Mr. White, on the subject of emigration from China. I have, &c. (signed) Newcastle. TRINIDAD. No. 6. Duke of Newcastle to Governor Lord Harris. 30 May 1853. — No. 7. — (No. 74.) Copy of a DESPATCH from his Grace the Duke of Newcastle to Governor Lord Harris. My Lord, Downing-street, 29 June 1853. 1 TRANSMIT to you herewith, for your information, a copy of a letter from the Colonial Land and Emigration Commissioners, with copies of two further letters ^5 J,,,,^ from Mr. White, the emigration agent, in China. I have instructed the Lieutenant-Governor of British Guiana to provide a passage to Trinidad for the Chinese interpreter, as suggested by the Emigration Commissioners. I have, &c, (signed) Newcastle. No- 7. Duke of Newcastle to Governor Lord Harris. 29 June 1853. P-128 — No. 8.— (No. 80.) Copy of a DESPATCH from his Grace the Duke of Newcastle to Governor Lord Harris. My Lord, Downing-street, 13 July 1853. With reference to my despatch of the 29tb June last. No. 74, I transmit to you herewith a copy of a letter from the Colonial Land and Emigration Commis- sioners, and I have to acquaint you that in compliance with their recommenda- tion I have instructed the Lieutenant-Governor of British Guiana to -retain the whole of the immigrants' clothing which had been shipped by Mr. White from China, instead of transferring a portion to Trinidad, as originally suggested in their letter of the 15th June. I have, &c. (signed) Newcastle. No, 8. Duke of Newcastle to Guvernor Lord Harris. 13 July 1853. *' M 'y 18. — No. 9. — (No. 89.) Copy of a DESPATCH from his Grace the Duke of Newcastle to Governor Lord Harris. My Lord, Downing-street, 16 August 1853. I TRANSMIT to you herewith, for your information, copies of two letters from the Colonial Land and Emigration Commissioners, reporting that they had been un- able to obtain shipping at a cost not exceeding 100 dollars for the conveyance of Chinese emigrants to Jamaica and British Guiana. I have, &c. (signed) Newcastle. No, 9. Dukeof Nfiwcastle to Governor Lord Harris. 16 August 1853. '%.?. ~ P- '36. 986. Z 2 APPENDIX. Appendix. 154 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLT APPENDIX. Appendix, No. 1. British Guiana. — No. 20. — 1851. (Court of Policy.) Referred to at p. 27. An ORDINANCE to Provide General Regulations for Immigrants introduced and to be introduced into the Colony of British Guiana. Ordinance enacted by his Excellency Henry Barkly, Esquire, Governor and Commander-in- Chief in and over the Colony of British Guiana, Vice- Admiral and Ordinary of the same, &c., &c., &c., by and virith the advice and consent of the Honourable the Court of Policy of said Colony. To all to whom these presents do, may, or shall come, greeting ; be it known : — Whereas it is necessary to provide 'general regulations for immigrants introduced and to be introduced into the colony of British Guiana : 1. Be it therefore enacted by his Excellency the Governor of British Guiana, with the advice and consent of the Court of Policy thereof, that the Governor may, from time to time, nominate and appoint some fit and proper person, resident in this colony, to be Agent general of Immigration, who shall be paid annually such salary, not exceeding the sum of 2,400 dollars, as the Governor, with the advice and consent of the Court of Policy, shall determine. 2. And be it enacted, that the said Agent-general shall give to Her Majesty, her heirs, and successors,' good and sufficient security, to be approved of by the Governoi', to the amount of 2,400 dollars, for the due and faithful discharge of the duties of his oflice, and especially for the due application of, and for the rendering true accounts of the due applica- tion of all monies which shall be received by him, or by his order or to his use, in such his capacity of Agent-general of Immigration. 3. And be it enacted, that the Governor, with the advice and consent as aforesaid, may nominate and appoint from time to time one or more sub-agents, residing within the colony, who shall be under the direction and control of the said Agent-general ; and the Governor may allow to each sub-agent remuneration not exceeding the sum of 480 dollars per annum. Statement of advan- 4. And be it enacted, that the said Agent-general shall cause to be prepared, once in tages to labourers in every quarter, and oftener, if the Governor shall think fit so to direct, a statement of the advantages generally afforded by employers to labourers in this colony, and shall deliver the same to the Governor. Preamble. Governor to appoint Agent-e;eneral of Immigration. Agent-general to give secvu:ity. Governor to appoint sub-agents. tliis colony. Kemuneration to agents abroad, how paid. Duties of collecting agents. What espenses collecting agents may incur. 5. And be it enacted, that the Governor may, from time to time, pay a proportion of the salary or remuneration granted by Her Majesty to each of such persons as are or may be appointed at places from which emigration may be sanctioned, to superintend the emigration of labourers to any of Her Majesty's colonies in the West Indies and to British Guiana; every such salary or remuneration to be borne by the respective colonies in the proportions in which emigrants may be sent to them respectively. 6. And be it enacted, that every agent employed to collect immigrants shall use all just and lawful means to procure persons who are agricultural labourers willing to emigrate to this colony, with their wives and children, if any, and shall explain to every such emigrant the real advantages likely to be derived by him from a removal to this colony, and such agent shall also ascertain that every such emigrant is an agricultural labourer in good health, and not incapacitated for agricultural labour by old age, infirmity, or disease. 7. And be it enacted, that every moderate and necessary expense incurred at any port or place where any such agent is appointed for the collection of emigrants, in conveying emigrants to the port of embarkation, in maintaining them there for a period not exceeding 15 days, and in providing them with a supply of clothing as may be requisite for their voyage to this colony, shall be defrayed by such agent, who shall transmit to the Governor of this colony an account thereof duly vouched, showing the particulars of such expenditure, countersigned by the Governor of such place, or by such officer as he may appoint, if the same be a British possession, or by Her Majesty's consul at any foreign port or place, such Governor, officer, or consul, as the case may be, certifying thereby, so far as he knows, that such expenditure has been solely incurred for the purposes aforesaid, or for any of such purposes, and is just andreasonable ; and the Governor of this colony, upon such certificate, or INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 155 •or upon such other evidence as he may deem requisite, shall issue his warrant to the Colonial Receiver-general to pay the amount of such account. 8 And be it enacted, that upon a vessel with emigrants sailing from any port or place from which emigration is permitted, the agent appointed for any such port or place shall see that all the directions herein contained, and all the provisions of the Act of Parliament, passed in^the session holden in the 12th & 13th years of Her Majesty's reign, chapter 33, mtituled "An Act for regulating the carriage of passengers in merchant vessels," -and known as the " Passengers' Act, 1849," so far as the same may be applicable, have been complied with, and shall grant a certificate thereof in the form annexed marked (A.) under his hand to the master of such vessel, and such agent, before such vessel is cleared out, shall make out a list in writing in the form annexed marked (B.) or such other form as may be most con- venient, together with a duplicate of the same, specifying as accurately as may be, the name, sex, and age of each of the emigrants on board such vessel at her departure, and shall retain such list and shall deliver to the master of the said vessel the duplicate of such list signed by such agent; and the said master shall, on the arrival of such vessel in this colony, and previous to the disembarkation of any emigrant, give notice of the arrival of such vessel, and deliver the said duplicate of such list to the Agent-general of Immigration to this colony. 9. And be it enacted, that upon the arrival in the c6lony of any vessel having immigrants on board, the Agent-general, accompanied by the health officer of this port, shall forthwith proceed on board of such vessel, and with the assistance of such officer, shall ascertuin, by personal inspection of the vessel and immigrants, whether the provisions of this Ordinance, and also the provisions of the " Passengers' Act, 1849" as far as they may be applicable, have been complied with or not ; and such Agent- general, with such assistance as aforesaid, shall personally muster such immigrants and compare the number and names of such immi- grants with the duplicate list furnished to the master by the agent at the port of embarkation, and shall certify upon such duplicate list the name of the vessel, the total number of immi- grants then living and on board of such vessel, together with the state or condition of each immigrant, his fitness for agricultural labour, and at whose cost and charges the same is imported ; and in case any immigrant shall have died during the passage, or the number or names of the immigrants shall differ from the number and names of the immigrants stated in such duplicate list, the Agent-general shall note such death or difference upon such duplicate list, and thereupon, with the approbation of the Governor, shall grant a licence for the disembarkation and landing of the in^migrants from such vessel : Provided always, that immigrants imported from the Island of Madeira, from any of the Islands of the Azores, Cape de Verd Islands, Canary Islands, and other places of similar distance, may be so imported at the rate of one immigrant for each ton of the measurement of the vessel in which they are imported and no more. 10. And be it enacted, that such health officer for his assistance and services as aforesaid, shall be allowed the sum of 10 cents of a dollar for every immigrant on board of any such vessel. 11. And be it enacted, that if any immigrants shall not, on their arrival, be immediately provided with employment, it shall be the duty of the Agent-general to provide such immi- grants with wholesome and sufficient food, and with convenient lodging on shore, until the means of earning their own subsistence can be procured for them; and the Agent-general shall deliver to the Governor an account, supported by all necessary vouchers, of the expenditure incurred by him in procuring such food and lodging, and if such account bs approved of by the Governor, the same shall be paid by the Colonial Receiver-general. 12. And be it enacted, that the Agent-general of Immigration shall keep separate registers of all immigrants introduced into this colony, that is to say, firstly, a register of immigrants from any of Her Majesty's possessions in the East Indies ; secondly, a register of indented Africans ; thirdly, a register of Portuguese immigrants ; fourthly, a register of Chinese immigrants ; and fifthly, a register of all other immigrants not coming under the .denomination of any of the immigrants mentioned in any of the aforesaid classes, and shall in each of such registers insert the name of each immigrant thereto belonging, and shall number each of the immigrants of each class by a particular number, commencing with the number 1, and proceeding in regular order with the other numbers, so that no two immi- grants of the same class shall bear the same number, and shall insert in each of such registers, under different heads, the number, name, age, and sex of eveiy immigrant belonging to such class, the time when, the place from which, the name of the party, if any, at whose ■ cost and charges such immigrant is imported, and the vessel in which such immigrant shall have arrived, together with the cost of the passage of such immigrant, and also whether such immigrant is or is not entitled to a return passage. 13. And be it enacted, that any employer who may be desirous of locating immigrants under the provisions of this Ordinance on his plantation, shall make application to the Agent-general, fully setting forth in writing the situation of such plantation, the name of the proprietor thereof, the number and description of the immigrants required, the nature of the labour to be performed, and all other particulars ; and such application shall not be received unless accompanied with a certificate of the special justice of the peace for the district where the immigrants are to be located, that comfortable and sufficient accommodation, and medical attendance according to law, have been provided for such immigrants, and the 986. Z 3 Agent-general Appendix. Certificate and list to be furnished by agents abroad. Duties of Agent- general on arrival of ships with immi- grants. Fees of health officer. Maintenance of im- migrants till em- ployed. Agent-general to keep separate regis- ters of immigrants. Mode of applying for immigrants. 156 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY Appendix. List of applications to be published. Allotment and con- tract of immigrants. Immigrants not under contract to labour to pay monthly sums. Immigrants may enter into a second contract for a term not exceeding the original legal return. Renewed contracts. Agent- general shall make and keep in his office a true and faithful register of all such appli- cations and certificates. 14. And be it enacted, that all such applications shall be numbered in the order in which they sliall be respective^ received (such numbering, however, not to give any right of pre- ference to any person or plantation over any other person or plantation), and shall remain good and valid, in so far as the number of immigrants applied for shall not be allotted, for a period of two years, unless withdrawn by the applicant or rendered invalid by the death, insolvency, or absence, unrepresented, of the owner of the plantation, and the Immigration Agent-general shall publish, on or before the 1st day of January and 1st day of July, respec- tively, of each year, in the official " Gazette," and one other newspaper of the colony, a list in the form annexed marked (C), or in such other form as maybe approved by the Governor, in which list shall be set forth the number of the application, the name of the applicant, the number of immigrants applied for, the number allotted, the date of each allotment, and the location of each immigrant. 16. And be it enacted, that on the arrival in this colony of any immigrants (immigrants from the Island of Madeira, or any of the Islandsof the Azores, Cape de Verd :lslands, Canary Islands, and other places of similar distance excepted), not already under a written contract with some individual, the Agent-general of Immigration shall proceed to allot them on such plantations as they may prefer, or if they do not desire to exercise any pre- ference, shall allot them in such numbers and proportions as circumstances will admit of, to those plantations for which applications for immigrants shall have been previously made, and submitted to the Governor, and been by him approved ; and that after such allotments, each applicant, to whom immigrants shall have been allotted as aforesaid, before he shall become entitled to the services of such immigrants, shall enter into a contract with each immigrant in the form annexed marked (D.), or in such other form as may be approved by the Governor, for a period not less than 12 calendar months, and not exceeding three years, except in cases in which some other form or some other period of service is specially pro- vided, and shall pay to the Agent-general of Immigration a duty of two dollars upon each of said contracts, and if the term ot service expressed in such contract shall be for more years than one, shall further pay to the Colonial Receiver-general, or Assistant Colonial Receiver-general, at the commencement of each subsequent year of such term of service, a sum of four dollars for each immigrant in service on his plantation under such written con- tract to labour, on the 30th day of June or 31st day of December, immediately preceding; and in the event of any such annual duty being unpaid for one month after the commence- ment of the year for which it is payable, the operation of the contract between. the employer and immigrant shall be suspended and in abeyance, in as far as the employer is concerned, until such annual duty be paid, except that the payment of such duty by such employer shall be enforced in manner und form hereinafter provided. 16. And be it enacted, that every immigrant (immigrants from the Island of Madeira, or any of the Islands of the Azores, Cape de Verd Islands, Canary Islands, and other places of similar distances excepted), introduced into this colony at the public expense, after the taking effect of this ordinance, who being permitted by law to enter into a contract with any employer for three years or five years, shall not, during the said three years or five years, be in the service of sonie employer or other, under a written contraft to labour on a plantation, for every month of said three yciirs or'five years, during which he shall not be under such contract, if he shall be an immignmt with v?hom it was pei'mitted by law -for an employer to have oriainally entered into a contractfor three years, shall pay in advance a monthly sum of one dollar, and if he shall be an immigrant with whom it was permitted by law for an employer to have originally entered into a ^contract lor five years, shall pay in advance a monthly sum of one dollar und 50 cents; and all such sums shall be desig- nated tliroughout this and every ordinance passed and to be passed relative to immigrants as " monthly sums." 17. And be it enacte'd, that every immigrant remaining in the colony for' the period for which, on arriving in the colony, he was permitted by law to enter into a contract under and by viiti)^ of this or any other ordinance relating to immigrants, may, at the expiration of such period, enter into a written contract be.*bre'the Agent-generail of Immigration or a special justice of the peace, to serve any person as a labourer for any term not exeeeidTng the first term for which he was permitted by law to enter into 'a written contract. 18. And be it enacted, that upon every renewed contract entered into on the expiration of a prior contract with the same employer by any immigrant with whom, on his arriving in the colony, a first contract was entered into for a lerm less than three years or fivic yearig,/a duty of lour dollars, if such renewed contract shall be forgone year only, shall be paid by the employer to the; Agent-general of Immigration, or special justice before whom such renewed contract shall be signed at the time of such renewed contract, and a duty of four dollars per annum for the second and each subsequent year, if such renewed contract shall be for more than one year, shailbe paid by the employer to the Colonial Receiver-general, or Assistant Colonial Receiver-general, at the commencement of such second and subse- quent years respectively; and upon every contracit entered into with any other employer by any immigrant during such three years or fi\e, if such contract be for one year only, there s'hall be paid to the Agent-general of Immigration or special justice by the employer, at the time of entering into such last mentioned contract, a sum of six dollars ; and if such con- •tract iNTRODUCED INTO BRITISH GUIANA AND TRINIDAD. i'^ b/ tract shall be for more than one year, then, a sum, of six dollars for each year of the term of Appendix. service specified in such contract shall be paid to the Colonial Receiver-general, or Assistant Colonial. Receiver-general, at the commencement of such second and subsequent years res- pectively; and the special justice before whom any contract shall be signed or entered into shall. forthwith certify to the Agent-general, of Immigration the class, number, and name of the immiorant, the name of die employer, and the name of the plantation on which the immigrant shall be engaged to labour, and shall grant a copy of such certificate under his hand to the immigrant entering into such contract: and of all contracts mentioned in this section' the special justice of the peace before whom they shall be entered into, shall make a return in the form annexed marked' (li.) : Provided always, that no duty shall be paid' opon any contract entered into with any immigrant, after the expiration of the lonoest term for which, on his arrival in the colony, he was permitted by law to have contracted lo serve any employer. 19. And be it enacted, that every employer of immigrants under a written contract to Returns of im mi- labour, or the manager or other person in charge of such immigrants, shall, on or before the grants to be made 10th day of January and lOih day of July in each and every year, make out and deliver to annually by special the special justice of the peace of the district in wiiich such immigrants shall be located, a J^^ ^'^^' return in writing, to be proved on the oath of the person making s^uch return, to be taken before such special justice^ of the number of immigrants in' his service under writfieu contract on the last day of the preceding month, which, return shall be made in the manner and form specified in the schedule heretoi annexed, marked (F.), and sliali be described as the return of the person to whom such immigrania shall have been under a written contract, and' shall contain a specification of the total number of immigrants so under written contracts, and of the time when, and of the numbers and names by which the same shall have entered into such contracts, respectively, and alijo all deductions from the original number of immi- grants under written contracts as aforesaid, which shall have taken place within the last preceding six months by death or desertion, and also the births of any child or children of any femules among such immigrants, specifying the age and sex of such child or children ; which return shall by such special justice be transmitted to the Agent-general of Immigra- tion; and any person who shall negliect to deliver to the special justice of the peace as Penalty for neglect, aforesaid', within the time specified^ any such return as aforesaid, shall pay a sum of not less than 10 d<»llars, and not exceeding 23 dollars, and a like sum for each and every month during which such neglect shall continue; and a return of all fines under this section shall be made by the special justice to the Agent-general of Immigration, who shall authorise any collector of monthly sums to recover the same. 20. And. be it enacted,, that there shall be kept by the special justice of the peace of Special justices t» each district a book, in which sliall be enregistered, in such manner as the Governor may, i^^i^f^*s"'° from time lo time, direct, the class, name, and number of each immigrant who may have been or may be introduced intxs this colony since the 4th day of March 1848, and who may be resident'within such district; and every such special justice shall, on or before the 10th day of each month, certify to the Agent-general of Immigration the classes, names, numbers, and locations of immigrants resident within his district, who, liable to pay montlily sums, have not paid the same. 21. And be it enacted, tliat the Governor, with the advice and consent of the Court of Collection of Policy, may appoint, from time to time, such a number of fit and proper persons, giving montlily sums, such sufficient securitv as may be deemed necessary,, for the purpose of collecting and recovering, under the direction and control of the special justice of the district, and subject to such reLiulations as may be by him established with the approval of the Governor and Court of Pohcy, the monthly sums payable by immigrants; and the Governor, with the advice und consent aforesaid, may allow to each of such persons remuneration not exceed- ing the rate of 48'0 dollars per annum. 2-> And be it enacted, that eaeh special justice shall, within the first seven days of each Collection of monVh, issue his warrant according to the form (G.) in the .schedule annexed, for the: monthly sums, recovery of all monthly sums payaljle under this ordmance, and which at the time of the issuing of =uch warrant may remain unpaid, specityLig in such warrant or in some schedule to be attached theretoythe classes, names,, and numbers of tiie immigrants hable to pay the same- and it shall be lawfiil for any constable having ihe execution of such warrant to apprehend any such immigrants in any part of the colony, and for that purpose at any time of the dav to enter into any house or place, or upon any laiid in the colony where any such immigrant may be or mav reasonably be suspected to be, and if any such immigrant shall not immediutelv produce-a receipt for the amount of such monthly sums, or a sufhcient cer- tificate of exemption from the same, or shall not forthwith pay such monthly sums together with the further sum of 26 cents of a dollar for each monthly sum in arrear, unless some other sum be specially named in some other ordinance as applicable to any particular immis^rant or class of "imm grants, such immigrant shall be forth w.t.i committed to gaol, there U> be imprisoned and kepi to hard labour for the term of 14 days, for every monthly sum due by him, unless such monthly sums and penalty be sooner paid, and the gao.er or other person, under whose charge such immigrant shal have been so imprisoned, snail 2 ant L cer iftcate accordlno- to the form (H.), in the schedule anne.Ked, or such other form K may be approved of by the Governor, of the fact of such monthly sums having- been satisfied by suoh imprisomnent. '^S And be it enacted, that the Agent-general of Immigration, on or before the 10th day Agentr^om-v^ of of -Janifa;' and tKe lOth'day of July"in every year, shall make out a list of all employers ^-J^^jf--^ 9.S6. ^ 4 Appendix. 158 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY employers to pay annual duties. Special justices to correct such lists. Receiver-general to recover annual duties. No registered immi- grant to leave the colony without passport. Penalty on persons employing immi- gi-ants under con- tract with others. Penalty on immi- grants absent from work without excuse. Immigrant under contract absenting himself to forfeit Immigrant guilty of misconduct to be punished. liable for the payment of annual duties during the six months ending respectively on the 30th June and the 31st December next ensuing, specifying the several periods at vrhich such duties will become payable, the amount of such duties, the numbers, names, ^nd des- criptions of the immigrants in respect to whose contracts they are claimed, and the name of the plantation on which they are located ; and the Agent-general of Immigration shall forth- with transmit a copy of that part of such list which relates to each judicial district to the special justice thereof. 24. And be it enacted, that every special justice, on the receipt of such copy as aforesaid, shall compare the dates of such contracts, the amount of duties, numbers, and names of im- migrants stated therein, with the particulars stated in the returns mentioned in section 19 of this ordinance, and if there shall be no discrepancy between ti)e two, shall certify the list to be correct, and shall forthwith return the same to the Agent-general of Immigration; but if any discrepancy shall be found to exist, it shall be the duty of such special justice, within 10 days after the receipt of such list, to inquire into the origin of such discrepancy to ascer- tain, by personal inspection, if necessary, the number of immigrants on any planiation, and. to correct such list if he shall deem it right to do so, previous to returning it certified to the Agent-general of Immigration. 25. And be it enacted, that the Agent-general of Immigration, on the receipt of such cer- tified lists as aforesaid, after taking due notice in his registers of any corrections by reason of death or otherwise, shall transmit the same within five days to the Receiver-general or Assistant Receiver-general, who shall recover payment of all annual duties when due. 26. And be it enacted, that it shall not be lawful for any immigrant whose name shall appear in any of such registers as aforesaid, or who shall be subject to the payment of monthly sums in lieu of serving some particular employer, to depart ti-om the colony during the time he is under indenture, written agreement, written contract, or any legal obligation to pay such monthly sums, without a licence in writing signed by the Agent-general of Immigration ; and every master or other person in charge of any vessel who shall receive or harbour on board of such vessel, with the intention of carrying out of this colony any such immigrant, who shall not have obtained such licence, shall on conviction thereof forfeit and pay a sum of not less than 250 dollars, and not exceeding 500 dollars, for each and every such emigrant whom he shall have so received or harboured with such intention as afore- said ; and every such penalty shall and may be sued for, prosecuted and recovered, for and on the behalf of Her Majesty in the Supreme Court of Civil Justice by the Attorney-generalj, or in the Court of Vice- Admiralty by Her Majesty's Advocate, and in the event of such master or other person being in command of any such vessel of 100 tons burthen and upwards, such penalty and costs shall and may be recovered from the master of such vessel and from the owner of such vessel, and from the surety of the master of such vessel, or any of them, and in the event of any such vessel being under 100 tons burthen, every such penalty and costs shall and may be recovered from the master of such last mentioned vessel, and from the owner of such last-mentioned vessel, or from either of them, or by levying upon and sale of such last mentioned vessel. 27. And be it enacted, that every person who shall harbour, conceal, or employ any immigrant, being at the time under a written contract to labour for any other employer,, or who shall remove or entice away, or shall solicit or entice any such immigrant to remove from the employment or service of his or her employer, shall, for every such offence, on conviction thereof before a special justice of the peace, forfeit and pay the sum of 23 dollars, and shall further pay to the employer to whom such immigrant shall be under such written contract to labour the snm oi' one dollar for each day during which such immi- grant shall have been so harboured or employed, and if the employer or person in charge of any such immigrant shall prove upon oath before any special justice of the peace, a reasonable cause to suspect that such immigrant is harboured, concealed, or employed on the premises of any person, such special justice of the peace may grant a warrant to search for such immigrant and bring him or her, and the person by whom such immigrant may be harboured, concealed, or employed, before him, to be dealt with as aforesaid : Provided always, that in every case in which any dispute or difference shall arise as to whether any person who shall have harboured, concealed, or employed any immigrant, being at the time under a written contract to labour, or who shall have removed or enticed away, or shall have solicited or enticed any such immigrant to remove from the employment or service of his or her employer, had knowledge of any such immigrant being at the time under such contract, the proof of the absence or want of knowledge of eveiy such person shall be on such person, and the proof of the knowledge of such person shall not be on the party aggrieved, complaining or informing. 28. And be it enacted, that any immigrant (coolies excepted) under contract to labour,, who shall, without reasonable cause, absent himself from the service of his employer, shall, on conviction before a special justice of the peace, be liable to a forfeiture of two days' wages, for each and every day he shall be 'so absent; the said penalty to be deducted from any wages due to such immigrant, and in the event of no wages being due, then such immigrant shall be imprisoned, with or without hard labour, at the rate of two days' imprisonment for every day he shall have so absented himself, such imprisonment not at any one time to exceed 30 days. 29. And be it enacted, that any immigrant aforesaid, who shall be guilty of any miscon-- duct, or shall practise any fraud or deception in the performance of any work which he is bound INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 159 Appendix. bound to perform, or shall by negligence or other improper conduct lose, throw away, or dam.age the property of his employer, or shall endanger such property by the careless use of fire, or shall wilfully maim, wound, or cruelly ill-use any live stock or cattle belonging to his employer, or entrusted to his care, oi- by negligence shall suffer to be maimed, wounded, or cruelly ill-used any such cattle or live stock, shall, on conviction before a special justice of the peace, suffer such punishment by fine or imprisonment until the same be paid, or imprisonment in any lawful place of confinement, with or without hard labour, for the whole or any part of such imprisonment, such fine not to exceed 24 dollars, and any such imprisonment not to exceed 30 days, as to such convicting special justice shall seem fit. 30. And be it enacted, that it shall be lawful for the employer of any immigrant under a written contract to labour, the servant of such employer, or any member of the police force, or constable, to apprehend, witliout warrant, such immigrant, who, on any day on which he shall be bound to labour, shall be found at a distance of more than two miles from the estate on which he shall be engaged to labour, without a ticket of leave signed by such employer or his servant, and to cause such immigrant to be taken back to such estate. 31. And be it enacted, that it shall be lawful for the Agent-general of Immigration to enter into and upon any plantation where any immigrant may be employed, and to inspect the state and condition of such immigrant, and inquire into any complaint which the employer may have against any such immigrant, or any immigrant may have against his employer. 32. And be it enacted, that every person who shall obstruct the Agent -general of Immi- penalty for opposing gration in entering upon any plantation where any immigrant shall be employed, or shall Agent-general in the be by the Agent-general of Immigration reasonably supposed to be employed, or shall performance of his wilfully do any act whereby the Agent-general of Immigration may be prevented or ob- ^'^^Y- structed in inquiring into the state and condition of any immigrant, shall, on conviction thereof before any two or more justices of the peace, forfeit and pay such sum, not exceeding 48 dollars for every such offence, as to the convicting justices shall seem fit. 33. And be it enacted, that it shall be lawful for any special justice, upon complaint Special iusticc may and proof by any employer or' immigrant labourer that such immigrant has been guilty of discharge employer any wilful omission or neglect of duty, or that such employer has been guilty of ill-usai;e or immigrant from of such immigrant, or has not paid him his wages as agreed upon, to discharge such contract, immigrant or such employer from his written contract, if sanctioned by the Governor. Immigi'ants under contract may be ap- preliended if more than two miles from home. Agent-genei'al may enter on estates, and inquire into com- plaints. 34. And be it enacted, that if any employer of such immigrant as aforesaid shall ill-use any immigrant under a contract to labour, or shall not deliver to such immigrant any articles stipulated for, and which by the contract of service are to be furnished by the em- ployer to such immigrant, or if the articles so furnished shall not be of stipulated quantity or qualityj every such employer being convicted of any such offence shall forfeit and pay a sum not exceeding 48 dollars, as to the special justice and another justice of the peace shall seem fit, such penalty to be recovered in manner and form laid down under Ordinance No. 30, 1850. 35. And be it enacted, that all salaries of officers granted, and all expenses incurred in virtue of this ordinance, shall be paid out of such fiinds as are raised, or may be raised for the purposes of immigration ; that all monies payable by any person in virtue of any . of the provisions of this ordinance, and which shall not be declared to be payable to any particular officer or person, shall be payable to the Agent-general of immigration, to the Colonial Receiver-general or Assistant Colonial Receiver-general, or to the special justice, awardino- the payment of any such money ; that all sums received by the Agent-general of Immigration, or any special justice, or any other person, and not payable over to any par- ticular person, shall be paid over to the Colonial Receiver- izeneral or Assistant Colonial Receiver-general ; that all monies received by the Colonial Receiver-general or Assistant Colonial Receiver-general under this ordinance and every other ordinance relative to immigrants, not otherwise appropriated, shall be applied to immigration purposes ; and that the Colonial Receiver-general shall render annually to the Governor and Court of Policy, combined with the financial representatives of the inhabitants of the colony, a state- ment of all such payments and receipts. 36. And be it enacted, that in addition to the reports hereinbefore directed to be made, the Aoent-general of Immigration shall make and deliver to the Governor and Court of Policy, at the end of each quarter, or oftener if required by the Governor so to do, a return in the form specified in Schedule (!.), hereto annexed, of the number of immigrants who have arrived within that quarter, of the sums respectively paid for their introduction, and of the number of those who have obtained passages back, and have embarked durin^' that period, and a full and true statement of the whole amount of bounties for which he has granted cer- tificates, and of all monies received and expended by him in pursuance of this ordinance. 37. And be it enacted, that the Colonial Receiver-General, shall enforce by parate or summary execution, the payment of all sums of money payable to him under and by virtue of this ordinance. 38 And be it enacted, that upon the taking effect of this ordinance. Ordinance No. 3, of the vear 1848, intituled " An Ordinance to Regulate and Encourage Immigration, except so far as said ordinance may repeal the whole or any part of any other ordinance, and p86 A A except Ill-usage of unini- grant punished. Monies received imder this ordi- nance, how applied. Agent-general to make quarterly re- ports to Governor. Recovery of money by Receiver-general. Ordinance No. 3 of the year 1848 par- tially repealed. i6o PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY Appendix. Jurisdiction of jus- tices of the peace. What complaints justices of the peace must entertain. Immigrants men- tioned in Ordinance No. 23 of 1850 governed by this ordinance. Interpretation clause. When ordinance to take effect. except as to fines, penalties, forfeitures, offences, and other matters incurred, made, com- mitted, or done under and by virtue of said last-mentioned ordinance, shall be repealed, and that all fines, penalties, forfeitures, offences, or other matters incurred, made, com- mitted, or done, under and by virtue of said Ordinance No. 3, of the year 1848, shall be dealt with, recovered, or punished, as if this ordinance had not been passed, and that all contracts entered into, under and by virtue of said last mentioned ordinance, for the term of three years, except contracts entered into, under and by virtue of said last-mentioned ordinance, by or with liberated Africans, shall remain in the same force and effect as if this ordinance had not been passed. 39. And be it enacted, that every justice of the peace authorised to act, under this or any other ordinance now or hereafter in force relating to immigrants, shall have full power and authority to issue any summons or warrant for any offence under this or any other such ordinance against any person, whether such person sball reside or shall be within or without the judicial jurisdiction of any such justice, and every such summons and warrant so issued, shall have full force and effect throughout the colony of British Guiana. 40. And be it enacted, that every such justice of the peace shall be bound to entertain any and every complaint against any and every person for every offence against this or any other such ordinance as aforesaid : Provided always, that the immigrant from whose conduct or of and concerning whom any such offence shall have arisen, shall have resided at any time within the local jurisdiction of any such justice of the peace. 41. And be it enacted, that every immigrant mentioned in Ordinance No. 23, of the year 1850, in all matters not specially provided for by that ordinance, shall be subject to and governed by the provisions of this ordinance. 42. And be it enacted, that throughout this ordinance the words and expressions herein- after mentioned, shall have and bear the following meanings, that is to say, the words " Her Majesty," shall mean Her Majesty, her heirs, and successors; the word "Governor" shall mean every person who, for the time being, shall be in the lawful administration of the Government of this colony; the terms "Agent-general of Immigration" and Agent- general" shall not only mean the Agent-general of Immigration, but also any sub-agent appointed by the Governor to act in any particular case, or on any particular occasion', in the place and stead of the Agent-general of Immigration ; the word " immigrant" shall include all immigrants already introduced, or who may be hereafter introduced into this colony at the expense of the British Treasury, or at the expense of this colony, or for whose introduction, although the same may be under private contract, the colony may hereafter pay bounty ; the word " contract" and the words " written contract" shall mean also any indenture or agreement written or printed, or partly written or partly printed ; the word "plantation" shall include any sugar, cocoa, coffee, plantain, rice, or cotton estate, or any woodcutting establishment, or cattle farm ; the word " employer " shall include the owner, manager, or other person having the direction of, and the chief authority of or upon any such estate or plantation, or of or upon any cattle farm, or of or upon any woodcutting establishment, on which any immigrant shall be employed ; that the words " indenture," " contract," and "agreement," respectively, shall mean any instrument in writing or print, or partly in writing and partly in print, evidencing an undertaking or promise of service ; every word importing the singular number only shall extend and be applied to several persons or things, as well as to one person or thing ; every word importing the plural number shall extend and be applied to one person, matter, or thing, as well as to several persons, matters, or things; every word importing the masculine gender only shall extend and be applied to a female as well as to a male, unless in any of the cases aforesaid it be otherwise specially provided, or there be something in the subject or context repugnant to such construction. 43. And be it enacted, that this ordinance shall take effect and be in force from and after the 1st day of February 1852, and that upon the taking effect of this ordinance, Ordinance No. 20, of the year 1850, shall be, and the same is hereby repealed, save and except in so far as said Ordinance No. 20, of the year 1850, isay repeal any other ordinance wholly or in part, and except as to existing contracts, and all fines and penalties incurred under said Ordinance No. 20, of the year 1850, and the right of proceeding for and recovering the same. And that no ignorance may be pretended of this our ordinance, these presents shall be printed and published in the customary -manner. Thus done and enacted at our adjourned Assembly, held at the Guiana Public Build- ings, Geprgetown, Demerary, this 14th day of October 1851, and published on the 21st day of February 1852. Henry Barhly. (By command) J. Gardiner Austin, Acting Secretary. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 161 (A.) FoHM of Clearing Certificate. Clearing Certificate of the Emigration Agent at Appendix. Station at Name of Ship. Name of Master. Tons per .Register. Aggrefeate Number of Superficial Feet in tlie several Com- partments set apart for Total Number of Statute Adults. exclusive of Master, Crew; and Cabin Passengers the Ship can legally carry. SaiUng from. Intending to touch at. Bound to. I, the undersigned, do hereby certify that the foregoing appear to be the burthen and dimensions of the above named vessel, and that, having regard as well to space as to tonnage, the greatest number of passengers she can carry by the Passengers' Act, 1849, is ; and I further certify, that to the best of my knowledge and belief she is in all respects sea- worthy, and that the provisions, water, and stores actually laden on board have been duly surveyed, and are sufficient in quantity as well for the number of passengers now about to proceed in her, as for the crew, and that the same are of proper quality, and in good and sweet condition; and lastly, that all the directions contained in the Immigration Ordinance of British Guiana, and also in the Passengers' Act 1849, so far as such Act applies to said vessel, for securing the health and safety of the passengers, have been duly complied with. Dated at this day of Emigration Agent for 1850. at (B.) Nominal List of Passengers Embarked on Board of Port of Number of Passengers. Occupation or Calling of Passengers. Age of Pas- sengers. Adults. Children between 6 and 14 Years. Children under Six Years. Port at which Passengers are to be Embarkation M. F. Total. M. F. Total. M. F. Total Landed. 1 Total No. of Souls equal to Statute Adults. I the undersigned, do hereby certify that the above is a correct list of all the passengers who embarked at . Dated at this day of 186 . A. B., Agent-general of Immigration. 986. A A 2 (C.) i62 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY Appendix. (C.) List of Applications and Allotments. No. of AppU- cation. Name of Applicant. Number of Immigrants allotted. From what Port or Place. Name of Vessel. Adults. Children between 6 and 14 Years. Children under Six Years. To what M. F. Total. M. F. Total. M. F. Total. allotted. Dated at this day of 1851. A. B., Agent-general of Immigration. (D.) (Eritish Gaiana.) and day of of in the year of our Lord Be it remembered, that on this of appeared before me , Agent-general of Immigration of the colony of British Guiana, and in my presence signed their names or marks (as the case may be) to the following contract of service : — The said said agrees to render to the said of a the day of in the year the said plantation the said agrees to hire the services of the , and the said services in the capacity for the term of years, commencing on and terminating on the day of . And it is further agreed between the said parties, that shall be employed by the said on . And it is further agreed, that shall pay to the said as such labourer aforesaid, the same rate of wages as is paid to the labourers not under indenture or agree- ment working on said estate, according to the quantity of work performed, and that such wtiges shall be paid on the last day of , after deductina; at the rate of three dollars per annum for medical attendance, and at the rate of six dollars per annum for lodging. CD. The preceding contract was signed by the above-named parties, in my presence, on the day and year above-written, voluntarily, the same being, as far as I am able to judge, fully understood By them respectively. E. F., Agent-general of Immigration. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 163 (E.) Return of New Contracts and Renewed Contracts. Appendix. Class. Number. !Name. Sex. Name of Date of Term of Amonnt of Whether Contract be Employer. Contract. Service. Duty Paid. new or renewed. (F.) Half- Yearly Retuun of the Number of Immigrants who have been located on Plantation Parish of , in the Colony of British Guiana. , in the 1* I/! i < 1 Other Emigrants. Deaths since last Return. 3 Immigrants Remaining. •3 < d 1 1 ■a ChUdren. Births. -a Children. 1 f 1| ^=1 i Child ren. 1 tsa a Between Six aud Fourteen Years of Age. Between Four- teen and Six Years of Age. Mi < Between Four- teen and Six Years of Age. . rf % M. F. M. F. M. P. M. F. M. F. M. P- M. F. Age. M. F. M. F. M. F. M. F. M. F. M. F. 1 M.'F. 1 =2 i Toi rAL Appeared before me, A. B., who being duly sworn, maketh oath and saith that the above is a true and correct return of the immigrants on plantation , on the day of 185 , as required by the 17th section of •Ordinance No. 20, of the year 1851. Sworn before me at this day of 185 A.B. To (G.) I DO hereby require you to demand and receive from the immigrants, whose classes, names, and numbers are mentioned in the schedule hereto annexed, the amount of the monthly sums payable by them respectively for the month of in the present year, together with a penalty for each of the monthly sums due by each of such immigrants ; and in default of payment, you are to take each of such immigrants in default and convey him safely to the common gaol at , in the colony of British Guiana, and there deliver liim to the keeper thereof, together with a copy of this precept, and a copy of so much of the schedule annexed as relates to him ; and I do hereby command you, the said keeper of said gaol, to receive each of said immigrants into your custody in the said gaol, and him there safely keep, with hard labour, for the term of fourteen days, lor every sum of one dollar and 50 cents of such monthly sums, unless such monthly sums and penalties due by him be sooner paid. G. D.f Stipendiary Justice. 986. A A 3 (H.) i64 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY Appendix. ^jj_) I DO hereby certify, that the immigrant (here insert the class, number, and name, and par- ticulars serving to identify the immigrant) has satisfied the monthly sum or sums due and and payable by him for the month of 185 , by imprisonment with hard labour. A. B., Gaoler. (I.) Immigration Agent's Quarterly Return. Number of Emigrant Vessels Arrived. Number of Deaths on Board or in Quarantine. Number of Births on Board or in Quarantine. Gross Number of Emigrants Arrived. Number of Immigrants Months commencing the Adults. Children between 6 and 14 Years. Children under Six Years. returned to their Native Countries. Cost to the Colony of Immigrant* Quaitcr. M. F. Total. M. F. Total. M. F. Total. At the Cost of the Colony. Paying their own Passage. so returned. Dated at this day of 185 A. B., Agent-general of Immigration. Appendix, No. 2. British Gttiana. — No. 21. — 1851. (Court of Policy.) An ordinance further to Regulate and Encourage the Immigration of Coolies. RefeiTed to at p. 27. Ordinance enacted by his Excellency Henry Barkly, Esquire, Governor and Commander- in-Chief in and over the Colony of British Guiana, Vice-Admiral and Ordinary of the same, &c.. Sec, &c., by and with the advice and congent of the Honourable the Court of Policy of said Colony. To all to whom these presents do, may, or shall come, greeting, be it known: — Whereas Her Majesty's Government have undertaken to conduct the emigration of labourers from Her Majesty's possessions in the East Indies into this colony in vessels employed, hired, licensed, or permitted by Her Majesty's Government; and it is necessary to make provision for the due payment of the expense incurred and to be incurred on any such account by Her Majesty's Government. And whereas it is also necessary to make regulations for all such labourers : 1. Be it therefore enacted by his Excellency the Governor of British Guiana with the advice and consent of the Court of Policy thereof, that all expenditure incurred by Her Majesty's Government in the hiring, employing, and licensing of any vessel for bringing or sending immigrants into this colony from any of Her Majesty's possessions in the East Indies, Preamble. All expenditure for importing immi- grants from the East Indies, and sending them hack, to be borne by the colony. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 165 Indies, in providing for the matnlenance and clothing of such immigrants during their Appendix. passage or otherwise, in placing on board any vessel a surgeon, and such other just ex- penditure as shall be caused by and necessarily incidental to sending back any such immi- grants at the expiration of their industrial residence to the place from which they shall have been brought or sent into this colony, shall be paid by the colony. 2. And be it enacted, that on the arrival in this colony of any vessel with any immigrants Immigrants, on ar- from any of Her Majesty's possessions in the East Indies, each applicant to whom any of rival, to be allotted, such immigrants shall be allotted, before he shall become entitled to the services of any of and to enter into such immigrants, shall enter into a contract in writing with each of such immigrants so *^°""'*'^ ®' allotted in the presence of, and attested by the Agent-general of Immigration, which said <}ontract shall be in the form marked (A.), or in such other form as may be approved of by he Governor. 3. And be it enacted, that the term of "new coolie immigrant" in this ordinance shall Terms "new coolie apply to all Indian labourers who shall have emiyrated from any of Her Majesty's posses- ™inigya'nt>.^'^d old sions in the East Indies into this colony since the 4th day of March 1848, and for whose defined. ° introduction passage-money and other expenses have been paid by the colony, and to all others who may hereafter emigrate from any part of the said possessions into this colony under similar circumstances; and that the term of "old coolie immigrant" shall apply to all such Indian labourers who have immigrated into the colony previously to the above date, or to such new coolie immigrants who shall complete an industrial residence of five years. 4. And be it enacted, that every coolie immigrant who hath arrived in this colony prior vriiat coolies entitled to the 4th day of March 1848, upon completing a residence of five years, and every new to back passages. coolie immigrant, upon completing an industrial residence of five years, shall be entitled to a free passage back to India. 5. And bfe it enacted, that an industrial residence shall consist of a residence of five years Industrial residence, in the colony, under' a written contract with some planter to labour for hire on a plantation, or of a payment in lieu thereof of the monthly sum hereinafter mentioned, during the part of the above period of five years in which the immigrant is not under such a contract. 6. And be it enacted, that the period of industrial residence for each immigrant shall How to compute reckon from the first day after which he did or hereafter may leave the vessel bringing him industrial residence. to the colony, or the depot of immigrants ; but no proof of industrial residence previous to the 4th day of March 1848, shall be required. 7. And be it enacted, that all coolie immigrants, before leaving the colony, shall obtain a Coolie immigrant to passport from the Agent-general of Immigration, and that every new coolie immigrant, not oWain passport to. having completed an industrial residence before receiving such passport, shall pay at the rate of 1 dollar and .00 cents for each calendar month wanting to make up the term of his industrial residence. 8. And be it enacted, that where any coolie immigrant shall be desirous to commute his Commutation of right to a free passage for the value in land to the amount of the cost of such passage, and '^^'^ passage, the Governor shall see fit to grant to such immigrant out of the Crown lands of the colony a piece or parcel of land equal in value, at the upset price of Crown lands, to the amount of the cost of such return passage, such immigrant shall have the same in lieu of his right to a free passage. 9 And be it enacted, that every new coolie immigrant not employed under a written Monthly sums pay- contract to labour for hire as aforesaid, and not exempted as hereinafter provided, shall, for able by 'coolies not each calendar month pay a sum of 1 dollar and 50 cents if he be 16 years of age or above, under contracts. or of 75 cents if he be 14 years of age and under 16 years; which sums respectively shall be payable in advance on the first day of each month. 10 And be it enacted, that no monthly sum shall be payable by or in respect of any Exemptions from coolie immigrant so long as he shall be under the age of 14 years; but no part of such monthly sums, immigrant's residence in the colony, up to the time of his attainmg the age of 14 years, shall he taken as forming part of his industrial residence. 11 And be it enacted, that every person employing a new coolie iinmigrant under such Persons employing loXyrSe^e^ftrSr: to the special justice o? the district in which such new coolie g^- - deelare^^ immigrant is employed, the name and number of such new coohe immigrant ; and every ^^ ;,i j„,ti,e. nerson taking into his employ a new coohe immigrant after the taking effect of this ordi- nance within five days after receiving such last-mentioned immigrant into his service, sha decla4 to the special justice of the district in which such last-ment.oned immigrant sha be employed, the number and name of such last-ment.oned immigrant, on pain m default of r/of su;h declarations, of paying a sum not less than 10 dollars, and not exceeding 03 dollars and a return of all fines under this section shall be made by the specia justice ' to the Agent-general of Immigration, who shall authorise any collector of monthly sums to recover the same. 15 And be it enacted, that every new coolie immigrant who at any time after the taking New coolie immi- .ffect of this ordLance ^hall remafn eight days without being engaged to labour for hire, S^^-t^-f.^ 986. A A 4 Appendix. 166 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY spedail iustue. shall immediately on the expiration of said eigfht days declare his number and name to the special justice of the district in which he resides, and shall pay the monthly sum from tlie commencement of the said period of eight days, unless he can satisfy the Agent-general of Immigration or special justice that he is exempted, or has not been able to procure an engagement. 13. And be it enacted, that every person who shall employ any new coolie immigrant, except under a written contract to labour, shall, by so doing, make himself responsible for the payment of the amount of all monthly sums which may be then due by, or for which such new coolie immigrant, during the continuance of such employment, may become liable. 14. And be it enacted, that every person allowing any new coolie immigrant not in his employ to reside on his premises, shall give notice of such residence to the special justice of the district within 48 hours after the commencement of such residcDce, on pain, in default thereof, of paying a sum not less than 10 dollars, and not exceeding 23 dollars, and shall further be responsible for any amount of monthly sums which may be due by such new coolie immigrant previous to or during his residence on the said premises. 15. And be it enacted, that every new coolie immigrant who shall be in default of paying his monthly sum, and for the payment of which the warrant of a special justice shall be required to be issued, as directed by Ordinance No. 20, of the year 1851, shall pay a further sum of 12 cents of a dollar for each monthly sum in arrear; and if such monthly sum and further sum be not paid, such new coolie immigrant shall be forthwith committed to gaol^ there to be imprisoned, and kept to bard labour, for the term and in manner and form directed by said Ordinance No. 20, of the year 1851. New coolie immi- 16. And be it enacted, that every new coolie immigrant on the payment of his monthly grant paying his sums shall be entitled to a receipt signed by the officer to whom the same has been paid, monthly sum entitled -which receipt shall be prima facie evidence of such new coolie immigrant having discharged a receipt. j^|j (.jaims upon him to the end of the period mentioned in such receipt. Person employing a new coolie immi- grant without writ- ten contract liable to payment of monthly sums. Persons allowing new coolie immi- grant to reside upon his premises without giving notice, liable to penalties. Special justice may issue his warrant for monthly sums. What coolie immi- grants shall be exempt from monthly sums, and entitled to tickets of exemption. Penalty for not applying in time for ticket. 17. And be it enacted, that every coolie immigrant on the completion of his industrial residence, and every old coolie immigrant, shall be exempt from payment of the monthly sums hereinbefore established ; and every old coolie immigrant who is not already pro- vided with a ticket as hereinafter described, shall, within a month after the taking effect of this ordinance, and every new coolie immigrant on becoming entitled to any such ticket, shall, within one month after the completion of his industrial residence, appear either before the Agent-general of Immigration or the special justice of the district in which he resides, and shall satisfy such officer that he is entitled to such ticket, and upon such proof being given, the Agent-general of Immigration shall furnish such immigrant with a ticket, in the Form (B.) hereunto annexed, containing his number, name, such particulars as will serve ta identify him, and a declaration that such immigrant is not liable to the payment of monthly sums ; and for this purpose every special justice shall register the number, name, particulars, and declaration contained in such ticket, and after delivering to such immigrant a temporary certificate bearing the number, name, particulars, and declaration in such ticket, shall transmit a copy of the original registry weekly to the Agent-general of Immigration, whO' shall prepare, sign, and send to the stipendiary justice a permanent ticket, to be delivered to such immigrant in exchange for the temporary certificate. 18. And be it enacted, that any old immigrant failing to apply for his ticket within the term hereinbefore prescribed, may at a later period obtain it, but from the Agent-general of Immigration only, upon paying to that officer the sum of 50 cents of a dollar. Governor may ex- 19- And be it enacted, that the Governor, upon the certificate of the Agent-general of empt from monthly Immigration or of a special justice, may exempt, for a certain time or entirely, from the sums and grant a obligation of industrial residence, or from the payment of the montiily sums, any coolie im- back passage. migrant incapacitated from labour by infirmity, accident, or other cause, and may further grant to any such coolie immigrant a free passage back to India. New coolie immi- 20. And be it enacted, that all new coolie immigrants who on their arrival cannot find grant whilst in employment, shall not be liable to the payment of any sums while they remain in the depot depdt not liable for ^-aiting for employment, but their admission and stay therein shall be under such regula- monthly sums. ^j^^^ ^^ ^jjj pj-gygi^t abuse as far as possible. Circumstances under 21. And be it enacted, that it shall be lawful for any member of the police force or con^ which coolie immi- stable to stop any coohe immigrant whom he shall find on any public street, highway, or grants may be appre- place, and also for the owner or occupier, or any servant of the owner or occupier, of any land or house, to stop any coolie immigrant found upon or about such house or land, and if such coohe immigrant, when required, shall fail to produce his contract to labour, or a certificate of industrial residence, or a certificate that he is under a contract to labour, or a certificate of exemption, or the receipt for the last monthly sum payable by such coolie immi- grant, to take such coolie immigrant forthwith before a justice of the peace, who shall inquire into the case, and unless such coolie immigrant shall make it appear that he is not liable to the payment of monthly sums, or that he is not indebted in respect of the same, or that he has already undergone imprisonment for non-payment of, the same, or shall make immediate payment of the amount due by him in respect of such monthly sums, such justice Bended. Appendix. Coolie immigrant found out of nis dis- trict may be appre- hended. Onus of proof to be on immigrant in certain cases. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 167 justice shall make order for the immediate commitment of such coolie immigrant to gaol, there to be kept to hard labour for the term of one day for every 12 cents or sixpence of such monthly sums in arrear. 22. And be it enacted, that any coolie immigrant found in a district where he has no residence, or in any house or premises without the consent of the proprietor or occupier thereof, on failing to prove that he is an old coolie immigrant, or under an agreement to labour for hire, or to produce a receipt for his last monthly sums, may be apprehended without a warrant, and brought without delay before the special justice of the peace of the district, by whom he shall be committed to gaol, there to be imprisoned and kept to hard labour for any period not exceeding the term of 14 days ; and that every coolie immigrant under indenture found wandering off the estate on which he is indentured shall be appre- hended and carried back to such estate or lodged in gaol, of which the keeper of such gaol shall give notice to the employer of such coolie. 23. And be it enacted, that where any question shall arise whether any coolie immigrant is a new coolie immigrant or an old coolie immigrani, or whether any new coolie immigrant is under a contract to labour or not, the burthen of proof shall be on such coolie immigrant, and every coolie immigrant shall be presumed to be a new coolie immigrant, and liable to the payment of monthly sums, unless such coolie immigrant shall produce his contract to labour, or a certificate of his being under a contract to labour, or a certificate of industrial residence, or a certificate of exemption. 24. And be it enacted, that every new coolie immigrant, being under a written contract to labour, who shall, without any lawful excuse, absent himself from his work, shall forfeit his claim to all wages for the time during which he shall so absent himself, and shall also forfeit and pay to his employer the sum of four cents of a dollar for every day during which he shall be so absent, and if he shall be absent for more than six days in any one month, the same, if proved to the satisfaction of the special justice, shall be made known by the employer to the Agent-general of Immigration, and the lime during which such immigrant shall have been so absent shall not be allowed as part of his industrial residence. 25. And be it enacted, that any person duly authorised by the Governor to collect the Collectors of monthly sums payable as aforesaid, may at any time of the day enter any premises in monthly sums may any part of the colony wherein any coolie immigrant is employed or resides, and may ascertain whether the notice hereinbefore required has been duly given, and whether such coolie immigrant be exempt from the payment of the monthly sums, or whether the monthly sums for the payment of which he is liable have been paid, and in case of such person not being satisfied with regard to such payment, an information duly made by him shall, in the absence of proof to the contrary, be prima facie evidence of any employer or person having failed to give the notice hereinbefore required, or of the coolie immigrant having neglected to pay his monthly sums. 26. And be it enacted, that any new coolie immigrant pretending to be an old cooHe False pretences to immigrant, and endeavouring thereby to evade the conditions required by this ordinance, be punished, and any coolie immigrant using the ticket, receipt for monthly sums, or certificate of any other coolie immigrant, and any coolie immigrant lending any of the same, shall be liable to a penalty of three dollars, or 12 s. 6(1. lawful money of Great Britain and Ireland. Coolie immigi-ant under contract ab- senting himself to forfeit wages. enter any premises in the day time. 27. And be it enacted, that any immigrant or other person falsifying or altering a coolie immigrant's ticket, receipt, or certificate, and any immigrant issuing a falsified or altered coolie immigrant's ticket, receipt, or certificate, shall be liable to imprisonment with hard labour for a period not exceeding one month, without prejudice to a prosecution for forgery, if cause exist,- in which latter case the special justice may commit the offender to prison, in order that the Attoiney-general, to whom he shall forthwith report the circumstance of the case, may enter proceedings against the offender for such forgery. 28. And be it enacted, that any coolie immigrant having lost his ticket, receipt, or certi- ficate, and proving such loss to the satisfaction of the special justice of his district, may obtain a duplicate thereof, upon the payment of the sum of 60 cents to the oflBcer granting such duplicate, and if the loss be not proved to the satisfaction of the said special justice, the charcre for a duplicate ticket, receipt, or certificate shall be the sum of three dollars. 29. And be it enacted, that all penalties for ihe recovery of which no provision has been made in this ordinance, shall be recoverable before a special justice, by the Agent-general of Iramio-ration, or other person thereto authorised by the tjovernor, who shall, on or before the 10th°day of each month, remit to the Colonial Receiver-general, or Assistant Colonial Receiver-general, all such penalties recovered by him during the preceding month. 30 And be it enacted, that the Governor, with the advice and consent of the Court of Policy, may make and pass, by resolution, any regulations consistent with the provisions for its execution and enforcement. 31 And be it enacted, that every immigrant mentioned in this ordinance, in all matters not otherwise specially provided for by this ordinance, shall be subject to and governed Jby the provisions of Ordinance No. 20, of the year 1851. 986. B B 32. And Falsifying any in- strument punish- able. Loss of tickets, how remedied. Recovery of penal- ties. Governor and Court of Policy may njake regu- lations. Immigrants in this ordi- nance to be subject to Ordinance No. 20 of tbe year 1851. Appendix. Interpretation clause. Wlien ordinance to take effect. i68 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY 32- And be it enacted, that in the construction of this ordinance, the words " Her Majesty" shall mean Her Majesty, her heirs, and successors ; the word "Governor" shall mean every person who, for the time being, shall be in the lawful administration of the Government of this colony; the terms "Agent-general of Immigration" and "Agent- general" shall not only mean the Agent-genera! of Immigration, but also any sub-agent appointed by the Governor to act in any particular case or on any particular occasion in the place and stead of the Agent-general of Immigration; the word " planter" shall mean the owner or proprietor, or lessee, or tenant of a sugar, coffee, cotton, cocoa, plantain, or rice plantation,or of a cattle farm, or of a woodcutting establishment ; the word "plantation" shall mean any of such plantations, or a woodcutting establishment ; that the words " inden- ture," " contract," and " agreement," respectively, shall mean any instrument in writing or print, or partly in writing and partly in print, evidencing an understanding or promise of service; words importing the singular number only shall include the plural number : words importing the plural number only shall include the singular number ; and words importing the masculine gender only sLall include females, unless there be something in the subject or the context repugnant to such construction. 33. And be it enacted, that this ordinance shall take effect and be in force from and after the 1st day of February 1862, and that upon the taking effect of this ordinance, Ordinance No. 21, of the year 18.50, shall be, and the same is hereby repealed, save and except in so far as said Ordinance No. 21, of the year 1850, may repeal any other ordinance wholly or in part, and except as to existing contracts, and all fines and penalties incurred and the right of prosecuting for and recovering the same. And that no ignorance may be pretended of this our oi'dinance, these presents shall be printed and published in the customary manner. Thus done and enacted at our adjourned Assembly, held at the Guiana Public Buildings, Georgetown, Demerara, this 14th day of October 1851, and published on the 21st day of February 1852. Henry Barkly. (By command) J. Gardiner Austin, Acting Secretary. (British Guiana.) (A.) This Indenture, made the day of in the year of our Lord One thousand Eight hundred and , between A. B., a new coolie immigrant labourer. No. , of the one part, and C. D., of , in the colony of British Guiana, of the other part, — Witnesseth, that in virtue of the ordinance in such case made and provided, and in consideration of the covenants, promises, and agreements on the part and behalf of the said C. D. hereinafter contained, he the said A. B. has placed and bound, and by these presents doth place and bind himself, the said A. B., to and with the said C. D., for the term of years, to be computed from the day of the date of these presents ; and doth hereby, to and with the said C. D., covenant, promise, and declare, that he the said A. B., as a labourer, shall and will, during all and every part of the said term of years, truly and faithfully serve the said C. D., on plantation , according to the rules, regulations, and laws now or hereafter to be in force of and concerning coolie immigrant labourers in this colony ; and the said C. D. doth hereby covenant, promise, and agree to and with the said A. B., that he, the said C, D., shail and will during the said term of years, or the continuance of these presents, find and provide the said A. B. with suitable and sufficient lodging and medical attendance, according to the laws in such case made and provided, and according to all other laws and ordinances which may hereafter be made, touching or concerning coolie immigrant labourers in this colony ; and also shall and will allow and pay to the said , as such libonrer aforesaid, the same rate of wages as is paid to the labourers not under a written agreement, working on said plantation, according to the quantity of work performed, and will pay such wages on the , after deducting at tlie rate of three dollars per annum for medical attendance, and at the rate of six dollars per annum for lodging. J.B. CD. The precedino agreement was signed by the above-named parties in my presence on the day and year above written, voluntarily, the same being, as far as I am able to judge, fully understood by them respectively. , Agent-General of Immigration. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 169 (B.) I CERTIFY that the cooh'e immigrant(here insert the number, name, and particulars serving to identify the immiorant) is exempt from the payment of monthly sums (here state ground or cause of exemption, as " being an old coolie," or as "beins exempted by his Excellency the Governor," or as "having completed his industrial residences," or any other lavi'ful cause, stating such cause). Appendix. Appendix, No. 3. Preamble. Governor to name ports of emigration. BllITISH Gt3IA2NA.— iNo. 22. 1851. (Court of Policy.) Henry Barkh ^"^ ORDINANCE for the encouragement of the introduction into this RefeiTed to at ■=' ^' Colony of Labomers in general. Page 8. Ordinance enacted by his Excellency Henry Barkly, Esquire, Governor and Commander- in-Chief in and over the Colony of British Guiana, Vice-Admiral and Ordinary of the same, ifec, &c., &c., by and with the advice and consent of the Honourable the Court of Policy of said Colony. • To all to whom these presents do, may, or shall come, greeting; be it known : — Whekeas it is expedient that provision should be made for the encouragement, under certain limitations, of the introduction into this colony of labourers on bounties to be paid by the colony : — 1. Be it therefore enacted, by his Excellency the Governor of the colony of British Guiana, with the advice and consent of the Court of Policy thereof, that the Governor, with the advice and consent of the Court of Policy, may, from time to time, by proclamation, name the ports or places from which emigration on bounty is permitted to this colony. 2. And be it enacted, that the Governor, with such advice and consent as aforesaid, may fix such rate of bounty as to him shall seem just for indemnifying the person at whose charoe any immigrant maybe introduced into this colony for the expense of his maintenance and passaire from the port of embarkation to this colony, and the Governor shall, in his proclamation to be issued for that purpose, declare the number of weeks deemed necessary for the voyage of any ship or vessel from such respective ports or places to this colony : provided always, that no rate of bounty shall be fixed, and that no bounty shall be allowed, for the importation of any immigrant otber tban those competent and wiihng to engage in agricultural occupations, or for any immigrant above the ajje of 40 years, or who shall be incapacitated tor agricultural labour by infirmity or disease : provided always, that any member of a family of immigrants above the age of 40 years arriving here, may be ad- mitted, and bounty paid for the same. 3. And be it enacted, that if the agent-general of immia;ration, with the assistance of the health officer of the port in which any such immigrants shall arrive, on personal inspection of the vessel and immigrants, shall be satisfied that the provisions of Ordinance No. 20, of the year 1851, aiad also the provisions of the " Passengers' Act, 1849," in so far as such Act may apply, have been fullv complied with, he shall transmit to the Governor a certificate in the form annexed, (A.), noting at the same time the date of the arrival in this colony of such inmiiorants, and the place from which, and the vessel in which such immigrants shall have airive(3 and the sum of money pay/able in respect of such immigrants; and thereupon the Governor sliall issue his warrant to the Colonial Receiver-general to pay bounties, under the provisions of this ordinance, in respect of the introduction of immigrants from any of such several places as shall have been named by the Governor, as heieinbefore directed. 4. And be it enacted, that, unless by permission of Her Majesty's Government, pre- viously had and obtained, no contract entered into by any employer with any immigrant from any part of India, or from any part of the African continent, or from the island of Mada«ascar, or from any other island adjacent to the coast of the African continent, and inhabited by the negro race, shall be valid, unless the same shall have been made within this colony. 5 And be it enacted that all contracts made and entered into cut of this colony with any Chinese immigrant for 'the performance of any labour or service in agriculture within this colony for a period not exceeding the term of Eve years, to be computed from the day of the landino- of such inmvigrant in the colony, shall be valid and in foice for the period therein «iient»oned .: provided always, that no such contract shall be valid or in force unless the same shall be reduced to writing and be signed with the name, or in case of illiterate persons witli the mark, of each of the contracting parties, in the presence of a notary public or British consul nor unless such notary public or British consul shall subscribe the written contract in attestation of the fact that it was entered into by the parties voluntarily, and with a clear understanding of its meaning and effect, B B 2 Governor to fix rate of bounty. Payment of bounties. What contracts shall not be valid unless entered into within the colony. Contracts made out of the colony to be binding. 986. 6. And Determinatiou of contracts of service made in the colony. Appendix. *7o PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY Determination of 6. And be it enacted, that if any immigrant who may be introduced into this colony under contracts of service, a private contract for a term of not less than three years, and for whose introduction a portion of bounty may be demanded as hereinafter mentioned, shall be desirous of deter- mining his contract of service on the expiration of the first or other current year, to be com- puted from the day of his landing in the colony, and shall give one calendar month's notice of his intention so to do, to his employer or the manager of the plantation on which he shall be employed, it shall be lawful for the agent-general of immigration, or the special justice of the district, on the application of such immigrant, and on proof being made of such notice having been given, to make order in writing for determining such contract from and after the day of the expiration of the then current year to be computed as aforesaid, and every such justice making any such order shall transmit a copy of the same to the agent-general of immigration. Expense of introduc- 7. And be it enacted, that for every immigrant who shall so determine his contract of tion of immigrants service as aforesaid, there shall be paid from the immigration fund, on the warrant of the from the funds of the Grovernor, to the employer or other person at whose expense such immigrant shall have colony in certain been introduced, for each unexpired year of the term mentioned in the contract, if the immi- cases. grant shall have been introduced under contract for three years, a sum equal to one-third of the bounty mentioned in the Governor's proclamation as payable for the introduction of an immigrant from the place from which the immigrant determining his three years' con- tract shall have been introduced, and for each unexpired year of the term mentioned in the contract if the immigrant shall have been introduced under contract for five years, a sum equal to one-fifth of the bounty mentioned in the Governor's proclamation as payable for the introduction of an immigrant from the place from which the immigrant determining his five years' contract shall have been introduced. 8. And be it enacted, that if any immigrant who may be indentured in this colony shall be desirous of determining his contract of service on the expiration of the first or other current year, to be computed from the day of his being so indentured in the colony, and shall give one calendar month's notice of his intention so to do, to his employer or the manager of the plantation on which he shall be employed, it shall be lawful for the Agent- general of Immigration, or the special justice of the district, on the application of such immigrant, and on proof being made of such notice having been given, and of payment of the bounty money advanced for its introduction into the colony, and of contract money, hospital, and other reasonable expenses incurred on his behalf by his employer, to make order in writing for determining such contract from and after the day of the expiration of the year to be computed as aforesaid, and every such justice making any such order shall transmit a copy of the same to the Agent-general of Immigration. 9. And be it enacted, that every immigrant mentioned in this ordinance, in all matters not otherwise specially provided for by this ordinance, shall be subject to and governed by the provisions of Ordinance No. 20, of the year 1851. 10. And be it enacted, that within the meaning and for the purposes of this ordinance, the words " Her Majesty," shall mean H'er Majesty, her heii's, and successors ; the word "Governor," shall mean every person who, for the time being, shall be in the lawful admi- nistration of the government of tliis colony; the terms " Agent-general of Immigration," and " agent-general," shall not only mean the Agent-general of Immigration, but also any sub-agent appointed by the Governor to act in any particular case, or on any particular occasion, in the place and stead of the Agent-general of Immigration ; that the words indenture, contract, and agreement, respectively, shall mean any instrument in writing or print, or partly in writing and partly in print, evidencing and undertaking or promise of service ; that every word importing the singular number only shall extend and be applied to several persons, matters, or things, as well as to one person, matter, or thing ; every word importing the plural number,- shall extend and be applied to one person, matter, or thing, as well as to several persons, matters, or things ; every word importing the masculine gender only shall extend and be applied to a female as well as to a male, unless in any of the cases aforesaid it be otherwise specially provided, or there be something in the subject or context repugnant to such construction. 11. And be it enacted, that this ordinance shall take effect and be in force from and after the 1st day of February 1852, and that upon the taking effect of this ordinance. Ordinance No. 23 of the year 1850, shall be and the same is hereby repealed, save and except in so far as Ordinance No. 23 of the year 1850 may repeal any other ordinance wholly or in part, and except as to existing contracts, and all fines and penalties incurred, and the right of proceeding and recovering the same. And that no ignorance may be pretended of this our ordinance, these presents shall be printed and published in the customary manner. This done and enacted at our adjourned Assembly, held at the Guiana Public Buildings, Georgetown, Demerara, this 14th day of October 1851, and published on the By command, Henry Barkly. J. Gardiner Austin, Acting Secretary. Immigrants in this ordinance to be sub- ject to Ordinance No. 20, of the year 1851. Interpretation clause. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 171 (A). Appendix. Immigration Agent's Certificate of Arrival. I, the undersigned, do hereby certify that the ship ( master)' arrived at this port from on the , bringing immigrants above 14 years of age, between the ages of 14 and 6 years, and under 6 years of age; tli at I, assisted by the health officer of the .port, have personally inspected the said vessel and immigrants, and find that the provisions of the Passengers' f Ti^-^*?'^'^ I^'" "® such Act applies to said vessel, and also of the immigration ordinances ot British Guiana, have been cluly complied with ; and finally, that the amount payable in respect of such immigrants is dollars. Dated at this day of 185 . A. B., Agent-general of Immigration. J. Gardiner Austin, Acting Secretary. Appendix, No. 4. British Guiana. — No. 2. — 1853. (Court of Policy.) Henrv Barklv ^^ ORDINANCE for regulating the Rights, Duties, and Relations of Referred to af p. 25. " "' Employers and Servants in the Colony of British Guiana. 11^- Ordinance enacted by his Excellency Henry Barkly, Esquire, Governor and Commander- in-Chief in and over the Colony of British Guiana, Vice-Admiral and Ordinary of the same, &c., &c., &c., by and with the advice and consent of the Honom-able the Court of Policy of said Colony. To all whom these presents do, may, or shall come, greeting ; be it known : — Whereas it is expedient that the hirings of servants in husbandry, of sailors and boatmen Preamble. employed on board colonial vessels and boats, of menial servants, and of artificers, handi- craftsmen, and labourers, whether immigrants or otherwise, should be properly regulated ; and that provision should be made for tlie more easy recovery of the wages of such persons as aforesaid, and for the more ready determination of all disputes connected with their hirings : Be it, therefore, enacted by his Excellency the Governor of British Guiana, with the advice and consent of the Court of Policy thereof, as follows : — Sec. 1. That from and after the taking effect of this ordinance. Ordinance No. 2, of the Repeal of foi-mer year 1848, intituled, " An Ordinance for regulating the Rights, Duties, and Relations of laws. Employers and Servants in the Colony of British Guiana," and all laws formerly in force respecting the hiring of servants in husbandry, of sailors and boatmen employed on board colonial vessels and boats, of menial servants, and of artificers, handicraftsmen, and other labourers in the colony, shall be, and the same are hereby repealed, except only in so far as the same may have repealed any former law, or such parts of the said ordinance as relate to contracts made in certain places out of the limits of the said colony : Provided that Proviso, nothing herein contained shall' repeal or affect the Act No. 9, of the year 1827, intituled, " An Act to regulate Porters and others plying for hire in Georgetown," and which Act, No. 9, of the year 1827, shall remain in full force as if this ordinance had not been passed. 2. That if any person described in the preamble to this ordinance shall contract with Penalty on servants any employer to serve him for a time certain, or in any other manner whatsoever, and shall for breach of con- not enter into or commence his service according to such contract, such contract being either ^^^^' in writing, and signed by the contracting parties, or verbal, and made in the presence of two credible witnesses ; or having entered into such service in pursuance of or under any contract, whether the same shall be in writing, or not in writing, shall absent himself from his service, or shall refuse to fulfil the same before the term of his contract shall have been completed, whether such contract shall be for a time certain, or work certain, or under the provisions hereinafter in that behalf contained, unless for some reasonable cause as hereinafter pro- vided or shall practise or be guilty of any fraud or deception in the performance of any work which he is bound to perform, such offender, on conviction thereof, shall be punished by fine or imprisonment, such fine not to exceed 24 dollars, and such imprisonment not to exceed 30 days. 3 That if any such person as aforesaid shall, by negligence or other improper conduct. Penalty on servants losei throw away, endanger, or damage the property of his employer, or shall endanger such fordamaging pro- property by a careless or improper use of fire, or shall wilfully maim, wound, or cruelly ^ y-' "• ill-use any cattle or other live stock belonging to his employer, or entrusted to his care, or by neo'lio-ence shall suffer or occasion to be maimed, wounded, or cruelly ill-used any such cattle or^live stock, every such offender, on conviction thereof, shall be punished by fine or imprisonment, such fine not to exceed 24 dollars, and such imprisonment not to exceed -30 days. „, 986. B B 3 4- That Appendix, 172 i^APfiRS RELATING TO CHINESE IMMIGRANTS RECENTLY Pen;il!y on pi?rsons 4. That if any person as aforesaid shall be guilty of any other wilful misconduct or ill- for otIuM- wilful mis- behaviour in such service, such person on conviction thereof shall forfeit and pay any sum ' not exceedinu; 10 dollars. couduci. Wages of servants may be abated. Penalty for ill-usage of servant by em- ployer. Contracts for service to be deemed monthly contracts. Penalty on employel: •wrongfully termi- nating any contract for .service for time imcertain. Penalty on employer vi-rongiully termi- nating any contract for a time certain. Penalty on labourer for delaying to com- jjlete a, job where work has been com- menced. Employer may dis- charge seiTant for misconduct. Ill-usage of servant a good answer to complaint by em- ployer. Justices may dis- charge employer or servant from his contra; t. Governor may dis- chai-ge immigrants 5. That the justice by and before whom any coHq)laint shall be heard and determinBd, may, in addition to uny of'such fines or imprisonment hereinbefore directed, abate the whole or any pi-irt of the wages due to such person as aforesaid, and direct the same to be retained by and to the use of the employer of any such person ; and in the event of any person beitit; sentenced to imprisonment, no wages shall accrue to him during such imprisonment. 6. That if any employer shall ill-use any person, or shall not deliveir to aiijT' person any articles stipulated for, and which by the coMract of service are to be furrnished by the employer to the servant, or if the articles so furnished shall not be of tlie stipulated quantity or quality, every such employer being convicted of any such offence shall forfeit and pay such sum not exceeding 60 dollars, including the reasonable costs of such servant, as to the convicting justices shall seem fit. 7. That in the absence of any express agreement between the parties thereto to the con- trary, the entering of any person into the service or emptey of any one, shall be deemed and taken to be a contract for one month certain from the time of entering on such service,, such month to be deemed a lunar month in the case of agricultural labourers, and a calendar month in all other cases, and every such contract shall be terminated by mutual consent of the parties, or by either party, at the expiration of the first or any subsequent month on giving 14 days' previous notice to the other party in writing, or in the presence of a credible witness, or for any good and sufficient oa'use as hereinafter provided, 8. That if any empl'oyer «hall terminate any contract entered into with any servant for service for a time uncertain, except with the consent of «uch servant, or by solving 14 days' notice as aforesaid, or for some good and sufficient cause as aforesaid, such employer shall forfeit and pay to the use of the servant a sura equal to one month's wages, according to the rate of wages which may have been fixed by and between the parties ; or if tlie rate of wages shall not have been so fixed, then such sum as the justice or justices may consider fair and reasonable, as and for a month's wages, regard being had to the class of the servant, and the nature of the duties contracted to be performed, in addition to the wages due to the servant at the time of the termination of such contract. 9. That if any employer having engaged any servant for service for any period of time ceriain, or for the performance ot iany pariicular work, sihall put away, disiniss„ er <^lischarge such servant before the completion of his contract, such employer, unless he shall be able ■to prove reasonable and sufficient cause for putting away such servant, shall fodfeit to the Use of such servant .such sum not exceeding 24 dollars, as the justices shall "consideir a reasonable compensation ibr the wrong and inj«.i;y done to such servant. 10. That whenever any labourer or servant, ©r other person having entered into a icontract in writing or otherwise, for the performance d thereupon such immigrant or immigrants shall be vi^holly discharged Irom all further service to such employer; and the. Governor shall direct the Agent-oeneral 01 Immigration to indent immigrants so discharged to such other employer as^o him may seem ht ^ provided always, that the term of service for which every such immigrant shall be mdentured by any such new indenture shall not, together with the time of "his or her past semee, exceed the period of service for which such "immigrant was originally bound. ^5- /^»t whenever the use and occupation of any house, cottage, tenement, or room. Employer allowed to snail torm an ingredient in any contract of service with any labourer other than an immi- charge and recover grant labourer under contract, or shall be stipulated for, or deemed a part of the consideration ^■®"* ^° '^^'■*'*'" '='''^''' for any work or labour to be performed on any plantation by any such labourer, it shall be fr"" lal^'"^^'«-«- lawful tor the employer to demand from, and, if need be, to enforce, under the authority of any justice of the peace, by deduction of wages due or otherwise, paymem by every such labourer or servant for each day that such labourer or servant, without reasonable cause, shall hayp absented himself from the service of his employer, and shall have kept possession ot said house, cottage, tenement, or room, such sum as shall have been stipulated as the value, not exceeding 16 cents per diem. 16. That after such application to such justice of the peace as aforesaid, the occupancy Labourer retaining- ofc any person or persons hereinbefore mentioned shall cease and determine upon three possession of tene- clear days notice to quit being given by the proprietor or proprietors of such tenement or ment after three premises, or by any person by him or" them duly authorized thereto; and in the event of days' notice to quit any person or persons over-holding possession of the said tenement or premises after ex- Set^^"" ™*^ piratiou of such notice, it shall be lawful for any justice, and he is hereby authori2sed and required, upon complaint made, and proof thereof given, to issue his warra'nt diiectihg any police officer or constable of the district in which such tenement or premises may be situate, to enter and take possession of the same, and to eject any person therefrom : provided always, that in the event of any person or persons proceeding to recover possession of such tenements or premises as aforesaid, otherwise than in the mode and manner pointed out by this ordinance, they shall be subject and Tiable, upon complaint made, to the payment of a fine not exceeding 24 dollars. 17. That whenever any employer shall giant to any servant the use and occupation of When servants mfi- any piece of land for the growth of provisions, such permission to be valid shall be in tied to growing crops writing, and unless such permission in writing shall contain a stipulation that the employer on provision grounds, shall be at liberty to determine the grant at any time, and to resume possession of the land without the servant being entitled to the growing crops, every servant to whom there shall be granted the use and occupation of any land in the manner and for the purpose aforesaid, shall, at any hour between six o'clock of the morning, and four o'clock of the afternoon of every day, within three months after his quitting or ceasing to be in such service, have the right of entering upon and reaping the growing crops on said land. 18. That every person who shall harbour, conceal, or employ any immigrant, being at Penalty on persons the time under a written contract to labour for any other employer, or who shall remove or harbouring, conceal- entice away, or shall solicit or entice any such immigrant to remove from the employment ing,_ employina-. or or service of his or her employer, shall, for every such offence, on conviction thereof before enticing away iimni- a justice of the peace, forfeit and pay the sum of 23 dollars, and shall further pay to the ^'™ ^* employer to whom such immigrant shall be under such written contract to labour, the sum of one dollar for each day during which such immigrant shall have been so harboured or employed, and if the employer or person in charge of any such immigrant shall prove upon oath before any justice of the peace, a reasonable cause to suspect that, such immigrant is harboured, concealed, or employed on the premises of any person, such justice of the peace may grant a warrant lo search for such immigrant, and bring him or her, and the person by whom such immigrant may be harboured, concealed, or ensployed, before him, to be dealt with as aforesaid: Provided always, that in every case in which any dispute or dif- Proviso, ference shall urise as to whether any person who shall have harboured, concealed, or em- ployed any immigrant, being'at the time under a written contract to labour, or who shall have removed or enticed away, or shall have solicited or enticed any such immigrant to remove from the employment or service of his or her employer, had knowledge of any such QJ^^ prdbandi on immigrant being at the time under such contract, the proof of the absence or want of know- party com plaintd ledge of every such person shall be on such person, and the proof of the knowledge of such against, person shall not he en the party aggrieved, complaining, or informing. 19. That all complaints, differences, and disputes which shall arise between employer and Complaints, liowf!> sei-vant, touching a.M concerning any matter or thing, shall and may be heard and deter- te heard anddotcr- mined in manner and form provided by Ordinance No. 30, of the year 1850. mmed. 20. That within the meaning and for the purposes of this ordinance, all masters, mis- Construction clause. tresses, foremen, attornies, agents, managers, and other persons engaged in the hiring, em- ploying, or superintending the labour or service of any servant within the meaning of this ordiuance, shall be, and be deemed, " employers ;'" and that within the nieaning and for the purposes of this ordinance, any money or other thing paid or contracted to be paid delivered, or given as a recompense, reward, or remuneration for any labour or other service done or to be'done, whether within a certain lime or to a certain amount, or for a time or an (j86. J3 B 4 amount 174 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY Appendix. amount uncertain, shall be deemed and taken to be the " wages" of any servant aforesaid; and that within the meaning and for the purposes aforesaid, any agreement, understanding,. or arrangement whatever on the subject of wages, whether written or oral, whether direct or indirect, to which any employer and any servant or other persons are parties, or are assent- ing, or by which they are mutually bo^md to each other, shall be, and be deemed to be a " contriict," and every contract shall mean an indenture; and that within the meaning, and for the purposes aforesaid, every labourer, whether immigrant or otherwise, or mechanic employed upon any sugar, coffee, or other plantation, shall be, and be deemed to be a " servant in husbandry ;" and that within the meaning and for the purposes aforesaid, all servants in husbandry, mechanics, artificers, handicraftsmen, labourers, persons employed in droghers, vessels, or boats, or otherwise, and all household or other domestic servants, . laundresses, or other servants, shall be deemed to be comprised within the term " servant ;" that the word " defendant" shall also mean " offender," and the word " offender" shall also mean "defendant;" that the word "immigrant" shall mean any and every person intro- duced into the colony, either wholly or in part, at the public expense, or at that of any employer; that the word " indenture" shall mean any contract in writing, and the word " unindentured" shall mean " not bound by any contract in writing ;" and that wherever in this ordinance any term importing the singular number occurs the plural number shall be deemed included, or where any term shall be used which signifies the male gender, the female gender shall be considered and taken to be included; and that where one matter or subject may be treated of, two or more matters or subjects shall be considered and included and intended, provided it shall be necessary to put such a construction in order to render the sense clear, or to give full and complete effect to any of the provisions of this ordinance, unless it be otherwise especially provided for, or there be something in the subject or con- text repugnant to such construction. Ordinance, when to 21. That this ordinance shall come into operation and take effect on the day of the pub- take eifect. lication thereof. Thus done and enacted at our Adjourned Assembly, held at the Guiana Public Buildings, Georgetown, Demerary, this 20th day of January, 1853, and published on the 22d following. Henry Barkly. By command of the Court, William Walker, Secretary. (True copy.) (signed) W. Walker, Secretary. Appendix, No. 5, No. 3. — British Guiana. — 1853. (Court of Policy.) Refened to at p. 25. An ORDINANCE* to repeal certain Ordinances now in force for the Regu- 115. Henry Barkly. lation and Encouia_gement of Immigration into this Colony, and to make other Provisions in lieu thereof. Ordinance enacted by his Excellency Henry Barkly, Esq., Governor and Commander- in-Chief in and over the Colony oi British Guiana, Vice-Admiral and Ordinary of the same, &c. &c. &c., by and with the advice and consent of the Honourable the Court of Policy of said Colony. To all to whom these presents do, may, or shall come, greeting; be it known : — rreamble. Whereas it is necessary to amend the ordinances now force for the regulation and encouragement of immigration into British Guiana, and for providing general regulations- for immigrants introduced into the said colony, and for that purpose to consolidate the same into one ordinance ; Be it therefore enacted by his Excellency the Governor of British Guiana, with the advice and consent of the Court of Policy thereof, as follows : — Governor to appoint 1. That the Governor may from time to time, in the event of a vacancy in the office of Immigration Agent- Immigration Agent-general, nominate and appoint some fit and proper person, resident in general. this colony, to fill such vacancy, who shall be paid annually such salary, not exceeding the sum of 2,400 dollars, as the Governor, with the advice and consent of the Court of Policy, shall determine. Governor to appoint 2. That the Governor, with the advice and consent as aforesaid, may nominate and ap- siih-agent, one for point from time to time sub -immigration agents residing within the colony, who shall be ftrNcwTmsterdam^ under the direction and control of the said Immigration Agent-general; and the Governor may allow to the sub-immigration agent acting in Georgetown remuneration not exceeding the sum of 960 dollars per annum ; and to the sub-immigration agent acting in New Amsterdam remuneration not exceeding the sum of 480 dollars per annum. 3. That • See Despatch from Duke of Newcastle, No. 48, 14 May 1863, conveying Her Majesty's disallowance of this ordinance, page 115 of this Paper. of ■e s INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 175 App,„di,, 3. That the Governor with the advice and consent as aforesaid, may from time to time Governor i,y Prod.ma. by proclamation name the ports or places from vi^hich emisration on bounty is permitted to *r '" ""'""'= P"'*' °' tniS COJony. ^ r placeB from which emi- gration on bounty will ho^;t?o\* the Governor, with the advice and consent as aforesaid, may fix such rate of 'T"'tr' . . , bounty as to him shall seem just for indemnifying the person at whose charge any immi- S bvt^^^n IZfZlnt'T^r^ ^^''^ '^'' colony for tlL expense of his maintenance^nd passage SoM (Srt c irom tne poit ot embarkation to this colony, and the Governor shall in his proclamation to Policy, and the oe issued tor that purpose declare the number of weeks deemed necessary for the vovaae of Governor to declai\ any ship or vessel from such respective ports or places to this colony : provided always, *'J™H'' "^ ''?'' that no rate of bounty shall be fixld, and that no bounty shall be allowed^or the imporS SZItyZA- lion or any immigrant who may be incompetent or unwilling to engage in agricultural lowed to ither than t ii"k °^ ^"^ immigrant above the age of 40 years, unless in either case such immigrant agncultuial labour- shall be one of a family of immigrants arriving in the same vessel. ^'^' <"' ^'"' '^y ™"": ^ , o c grant over the age of 5. That any person who shall introduce at his own expense such immigrants under ^*^' ''^SJ^ ™ ^^'^ written contract with him for service upon his own plantation, shall be entitled to receive «'«<' "^ *^™'1'«^- from the immigration funds one-half of the rate of bounty which may be offered by any ^o^^f y"" I"""!- , proclamation of the Governor then in force for the introduction of immigrants from the StVco™ same port or place on the general account of the colony ; or in the event of no such bounty bemg then offered, he shall be in like manner entitled to receive one-half of the amount of passage-money paid for each such immigrant, such amount to be ascertained by production ot the charter-party of the vessel bringing such immigrants: and such importation being from such ports or places as are recognized, and under such regulations and conditions as are provided in this ordinance, so far as the same may apply. 6. That the Governor may from time to time pay a proportion of the salary or remunera- Remuneration to tion granted by Her Majesty to each of such persons as are or mav be appointed at places agents abroad; how from which emigration may be sanctioned to superintend the emiaration of labourers to any P^'o^Wed. of Her Majesty' colonies in the West Indies and to British Guiana ; every such salary or remuneration to be borne by the respective colonies in the proportions in which emigrants may be sent to them respectively. 7. That every agent employed to collect emigrants shall use all just and lawful means to Immigrants must be pi-ocure persons who are agricultural labourers willing to emi<>:rate to this colony with their agricultuial labour- wives and children, if any, and shall explain to every "such emigrant the real advantages likly health '" to be derived by him from a removal to this colony, and such agent shall also ascertain that every such emigrant is an agricultural labourer in good health, and not incapacitated for agricultural labour by old age^ infirmity, or disease. 8. That every moderate and necessary expense incurred at any port or place where any such ^hat expenses col- agent is appointed tor the collection of emigrants, in conveying emigrants to the port of em- lecting agents may barkation, m maintaining them there for a period notjexceeding lodays, and in providing them incur, and how paid, with such supply of clothing as may be requisite for their voyage to this colony, shall be defrayed by such agent, who shall transmit to the Governor of this colony an account thereof, duly vouched, showing the particulars of such expenditure, countersigned by the Governor of such place, or by such officer as he may appoint, if the same be a British possession, or by Her Majesty's consul at any foreign port or place, such Governor, officer, or consul (as the case may be), certifying thereby, so far as he knows, that such expenditure has been solely incurred for the purposes aforesaid, or for any of such purposes, and is just and reasonable; and the Governor of this colony, upon such certificate or upon such other evidence as he may deem requisite, shall issue his warrant to the Colonial Receiver-general to pay the amount of such account. 9. That upon a vessel with emigrants sailing from any port or place from which emi^ra- Agent to see that the tion is permitted j the agent appointed for any such port or place shall see that all the direc- provisions of the tions herein contained, and all the provisions of the Act of Parliament passed in the session Passengers Act have holden in the 16th and 16th years of Her Majesty's reign, chap. 44, intituled, "An Act a^d"shdl makelilt to amend and consolidate the laws relating to the carriage of Passengers by Sea," and in duplicate^ specify- knovvn as the " Passengers' Act, 1852," so far as the same may be applicable, have been ing the name, &c., complied with, and shall grant a certificate thereof in the form annexed, marked (A.), ^ the immigrants, under his hand to the master of such vessel ; and such agent, before such vessel is cleared guch duplica'te^list out, shall make out a list in writing in the form annexed, marked (B.), or such other form to the Immio^ration as may be more convenient, together with a duplicate of the same, specifying as accurately Agent-general. as may be the name, sex, and age of each of the emigrants on board such vessel at her departure, and shall retain such list, and shall dehver to the master of the said vessel the duplicate of such list signed by such agent ; and the said master shall on the arrival of such vessel, and previous to the disembarkation of any emigrant, give notice of the arrival of such vessel, and deliver the said duplicate of such list to the Immigration Agent-general of this colony. 10. That aJl expenditure incurred by Her Majesty's Government or by Commissioners Expenses how to be appointed by Her Majesty's Governmenl at the request of the Governor and Court of Policy, paid, the hiring, employing, and licensing of any vessel for bringing or sending inimigrants into this colony from the East Indies or from China, in providing for the maintenance and clothing of such immigrants during their passage or otherwise, in employing on board any such vessel a surgeon, and such other just expenditure as shall be caused by and be neces- 986. C C sarily 176 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY ApiiCntli Permission of Goveiriment neces- sary to make certain contracts valid. Contracts with Chinese to be valid for any period not exceeding five years. Duties of Agent- general on arrival of ships vsitli immi- gi-ants. Immigration Agent- general to inspect Tessel and immi- grants, and see that the Passengers' Act has been complied with, and give certi- ficate. One immigrant for ^aoli ton of measure- ment of vessel. Conveying immi- grants from AiadeirBj &c. Duties of health efficer. sarily incidental to sur-h immigration to this colony, and all just expenditure caused by and necessarily incidental to sending back any immigrants from the East Indies at the expira- tion of their stipulated term of residence fo the place from whence they shall have been brought or sent into this colony, shall be paid by the colony, 11. That unless by permission of Her Majesty's Government, previously had and obtained, no contract entered into by any employer with any immigrant from any part of India, or from any part of the African continent, or from the Island of Mandagascar, or from any island adjacent to the coast of the African continent, and inhabited by the negro race, shall be valid, unless the same shall have been made within this colony. 12. That all contracts made and entered into out of this colony with any Chinese immi- grant for the performance of any labour or service in agriculture within this colony for any period noi exceeding the term of five years, to be computed from the day of the landing of such immigrant in the colony, shall be valid and in force for the period therein mentioned : Provided ahvays, that no such contract shall be valid or in force unless the same shall be reduced to writing, and shall be signed with the name, or in case of illiterate persons, with the mark of each of the contracting parties, in the presence of a notary public, British consul, or other officer approved by Her Majesty's' Government, nor unless such notary, British consul, or other officer approved by Her Majesty's Government shall subscribe the written contract in attestation of the fact that it was entered into by the parties voluntarily, and with a clear understanding of its meaning and effect. 13. That upon the arrival in the colony of any vessel having immigrants on board, the Immigration Agent-general, accompanied by the health officer of the port, shall forthwith proceed on board of such vessel, and, with the assistance of such officer, shall ascertain, by personal inspection of the vessel and immigrants, whether the provisions of the colonial laws, and also the provisions of the " Passengers' Act, 1852," as far as they may be appli- cable, have been complied with or not ; and such Immigration Agent-general, with such assistance as aforesaid, shall personally muster such immigrants, and compare the number and names of such immigrants with the duplicate list furnished to the master by the agent at the port of embarkation, and shall certify upon such duplicate list the name of the vessel, the total number of immigrants then living and on board of such vessel, together with the state or condition of each immigrant, his fitness for agricultural labour, and at whose cost and char-ies he is imported ; and in case any immigrant shall have died during the passage, or the number or names of the immigrants shall differ from the number and names of the immigrants stated in such duplicate list, the Immigration Agent-general shall note such death or difference upon such duplicate list, and thereupon, with the approbation of the Governor, shall grant a licence for the disembarkation and landing of the' immigrants from guch vessel. 14. That if the Immigration Agent-general, with the assistance of the health officer of the port, on personal inspection of the vessel and immigrants, shall be satisfied that the provisions of the colonial laws, and also the provisions of the " Passengers' Act, 1852," in so far as they may apply, have been fully complied with, he shall transmit to the Governor a certificate in the form annexed, marked (C), stating in the same the date of the arrival in this colony of such immigrants, and the place from whence, and the vessel in which such immigrants shall have arrived, and the sum of money payable in respect of such immigrants, and thereupon the Governor shall issue his warrant to the Receiver-general to pay the same : provided always, that no bounty or passage money shall be paid, except for such immigrants as are, upon their arrival, certified by the health officer to be in good health and fit for service ; and that with respect to those who may be ineffective at the time of their arrival, payment of bounty or passage money shall be suspended, and shall be paid only upon such as may be, within a reasonable period, certified by the health officer or the sur- geon of the colonial hospital to which they may have been sent, to have become capable of performing labour. 15. That immigrants imported from the Island of Madeira, from any of the islands of the Azores, Cape de Verd Islands, Canary Islands, and other places of similar distance, may be so imported at the rate of one immigrant for each ton of the measurement of the vessel in which they are imported and no more, any provision in any law or ordinance to the contrary contained notwithstanding. 16. That upon the departure of any vessel from this colony having Indian immigrants on board returning to the port from whence they came, the Immigration Agent-general, accom- panied by the health officer, shall proceed on board of such vessel, and with the assistance of such health officer, shall ascertain, by personal inspection of the vessel and immigrants, whether the vessel is fit and suitable in all respects for the purpose, and whether all the arranoements made for the passage and treatment of the immigrants are in due conformity with law, and especially with the provisions of an Act passed by the Right honourable the Governor-General of India and Council, intituled " An Act for regulating the Emigration of the iN'ative Inhabitants of the Territories under the Government of the East India Com- pany, to Jamaica, British Guiana, and Trinidad ;" and such Immigration Agent-general, with such assistance as aforesaid, shall personally muster such immigrants and shall certify upon the list to be by liim furnished to the master of such vessel, the total number of immigrants embarked, together with the state and condition of such immigrants, and that they havi provided themselves with clothing suitable for the voyage. ^ ■ . ; 17. That Appendix. Fees ofhcaltli officer. Immigration Agent- general to provide food for immigrants until they are lo- cated. Imitiigration Agent- general to keep separate registers of immigrants. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 177 17. That such health officer, for his assistance and services as aforesaid, shall be allowed the sum of 10 cents of a dollar for every immigrant on board of any such vessel arriving, and the same sum for every immigrant departing at the expense of the colony. 18. That if any immigrants, shall not, on their arrival, be immediately provided with employment, it shall be the duty of the Immigration Aa;ent-geiieral to provide such immi- grants with wholesome and sufficient food, and with convenient lodging on shore, until the means of earnmg their own subsistence can be procured for them; and the Immigration Agent-general shall deliver to the Governor an account, supported by all necessary vouchers, of the expenditure incurred by him in procuring' such food and lodging, and if such account be approved of by the Governor, the same shall be paid by the Receiver-general. 19. That the Immigration Agent-general shall continue to keep as heretofore separate registers of all immigrants introduced into this colony, that is to say, firstly, a register of iniEdigrants from any of Her Majesty's possessions in the East Indies; secondly, a register of indentured Africans ; thirdly, a register of Portuguese immigrants ; fourthly, a register of Chinese immigrants; aud, fifthly, a register of all other immigrants not coming under the denomination of any of the immigrants mentioned in any of the aforesaid classes, and shall in each of such registers insert the name of ench inimiorant thereto belonging, and shall number each of the immigrants of each class by a particular number, proceeding in regular order with the other numbers, so thut no two immigrants of the same class shall bear the same number, and shall insert in each of such registers, under different heads, the number, name, age, and sex of every immigrant belonging to such class, the time when, the place from whence, and the name of the party, if any, at whose cost and charijes such immigrant is imported, and the name of the vessel in which such immigrant shall have arrived, together with the cost of the passage of such immigrant, and also whether such immigrant will or will not be entitled to a return passage. 20. That it shall not be lawful for any immigrant who shall have been introduced into the Immigrant not to colony at the public expense, to depart from the colony without a licence in writing signed 1^?* colony -withouS by the Immigration Agent-general ; and every master or other person in charge of any *^'^™'=^- vessel who shall receive or harbour on board of such vessel, with the intention of carrying out of this colony, any such immigrant, who shall not have obtained such hcence, shall, on conviction thereof, forfeit and pay a sum of 100 dollars, for each and every such immigrant ■whom he shall have so received or harboured with such intention as aforesaid; and every such penalty shall and may be sued for, prosecuted, and recovered for and on the behalf of Her Majesty by the Attorney-General, or in the Court of Vice-Admiralty, by Her Majesty's Advocate, from such master, or other person being in command of any such vessel, or from the owner of such vessel, or from the surety of the master of such vessel, or from any or either of them. 21. That the Comptroller of Customs and Navigation Laws shall be,, and he is hereby authorized and required to withhold from the master or person in command of any such vessel a clearance for the same until such master or other person in command of such vessel as aforesaid shall produce to him a certificate from the Immigration Agent-general that the immigrants on board of such vessel have obtained from him, the said Immigration Agent-general, the licence in writing mentioned in and required by section 20 of this ordinance. 22. That no employer who has already made application to the Immigration Agent- general in the mode and manner required by law previously to the passing of this ordinance for the purpose of obtaining allotments of immigrants, shall be required to make any other or renewed application until the expiration of the period hereinafter-mentioned in respect of such application, Unless he shall have in the meantime received the full number of immi- grants applied for as aforesaid : provided that in all other cases an employer who may be desirous of locating immigrants on his plantation, under the provisions of this ordinance, shall make application to the Immigration Agent-general, fully setting forth in writing, the situation of such plantation, the name of the proprietor thereof, the number and description of the immigrants required, the nature of the labour to be performed, and all other par- ticulars; and such application shall not be received unless accompanied with a certificate of the special justice of the peace for the district where such immigrants are to be located, that comfortable and sufficient accommodation and medical attendance according to law, have been provided for such immigrants; and the Immigration Agent-general shall make and keep in his office a true and faithful register of all such applications and certificates, numberino- them in the order in which they shall be resjDectively received (such numbering, however, not to give any right of preference to any person or plantation over any other person or plantation"), and shall as soon as possible after the first day of January in each and every year pubhsh in the "Official Gazette," and in some one other newspaper of the colony, a list of all such applications then remaining in force, and every such application shall remain good and valid for a period of two years from the date of its being sent in, unless the number of immigrnnts applied for shall be earlier allotted, or unless such appli- cation be withdrawn by the applicant or be rendered invalid by the death, insolvency or absence, unrepresented, of the proprietor of the plantation. 23. That the Immigration Agent-general shall, as soon as possible, after the 1st day of January in each and every year, publish in the " Official Gazette," and in some one other newspaper of the colony, a list in the form annexed marked (D.), or in such other form as 986, C C 2 may Comptroller of Cus- toms may withhold clearance of vesseL Application fdr im- migrants. luMnlgi-alaun.'.^gent- generai to pubjisll lists. Appendix. Location of Immi- grants. Contract duty. Annual duties un- paid for three months to he re- covered hy the Re- ceiver-general. Returns of immi- grants located to he sent to special jus- tice. I'i tr.vns to he made by Immigration A"-eiit-2oneral. Duties of PT)ecial justice with refer- tiice to returns. 178 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY may be approved of by the Governor, of all vessels which have arrived in the colony with immigrants during the year preceding, the number of immigrants so arriving, and the distribution of such immigrants. 24. That on the arrival in this colony of any immigrants not already under a written con- tract with some individual, the Immigration Agent-general shall, with the approval of the Governor, proceed to locate them on such plantations as they may prefer, or if they do not desire to exercise any preference, shall locate them in such numbers and proportions as circumstances will admit of on those plantations for which applications for immigrants shall have been previously made ; and that each employer before he shall become entitled to the services of such immigrants, shall enter into a contract with each immigrnnt, or with the Immigration Agent-general on his behalf, as the nature of the case may require, for a period of not less than 12 calendar months, which said coniract shall be in triplicate, and shall be prepared by the sub-immigration agent in Georgetown, or in New Amsterdam, as the case may be ; and for preparing which such sub-immigration agent shall be entitled to the sum of 24 cents, and no more, for each such contract in triplicate as aforesaid, to be paid by the person to whom the immigrants are to be allotted, and such person shall, upon the execu- tion of such contracts, pay to the Receiver-general a duty of two dollars upon each of said contracts, and if the term of service expressed in such contract shall be for more years than one, shall further pay (o the Receiver-General, at the commencement of e ach subse- quent year of such term of service a sum of four dollars for each immigrant in service on his plantation under such written contract to labour on the 30th day of June or the 31st day of December immediately preceding, or such other sum or sums for the first and each subsequent year respectively, as shall be directed by the combined court at its financial session for the present year ; and that the Receiver-general may be fully informed of the amount of contract duties payable, the Immigration Agent-general shall, whenever he allots immigrants, transmit forthwith to the Receiver-general a list of the estates to which such immigrants have been allotted, stating the number of immigrants allotted to each, the period for which contracts have been entered into, and the amount of contract duties becoming payable in respect thereof respectively : provided always, that in the case of children, for whose introduction only half the bounty payable for adults has been paid by the colony, only one-half the amount of contract duty payable for adults shall be demanded from the employer of such children. 25. That all annual duties remaining due and unpaid for the space of three months after the commencement of the year for which such duties are payable, shall be charged with an addition of 10 per cent., which shall be recovered by the Receiver-general in the mode and manner hereinafter provided. 26. That every employer of emigrants under a written contract to labour, or the manager or other person in charge of the plantation on which such immigrants were located, shall, on or before the 10th day of January and 10th day of July, in each and every year, make out and deliver to the special justice of the peace of the district, a return, in writing, of the number of immigrants who were in his service under written contract, on the last day of the preceding month, which return shall be made out in the manner and form specified in the schedule hereto annexed, marked (E.), and shall be described as the return of the person with whom such immigrant shall have been under a written contract, and shall contain a specification of the total number of immigrants so under written contracts, and of the time when, and of the numbers and names by which they shall have entered into such contract respectively, and also of all deductions from the original number of immigrants under written contracts as aforesaid, which shall have taken place within the last pre- ceding six months by death or desertion; and also of the births of any children among such immigrants, specifying the ages and sexes of such children ; and 'also a declaration that the contents of such return are in all respects true and correct; which return shall by such special justice be transmitted to the Immigration Agent-general ; and any person who shall neglect to deliver to the special justice of the peace as aforesaid, within 14 days after the time specified, any such return as aforesaid, shall pay a sum of 10 dollars, and a like sum for each and every subsequent month during which such neglect shall continue, such sum to be recovered by the special justice in mode and manner provided by Ordinance 30, of the year 1850 : provided always, that no person shall be compellable to appear before any special justice of the peace to declare to the truth of such return, but that any person making or signing any such return or declaration, knowing the same to be false, shall be liable to be punished as by law provided in the case of wilful and corrupt perjury. 27. That the Immigration Agent-general, on or before the 10th day of January and the 10th day of July in every year, shall make out a list of ail employers liable for the payment of annual duties during the six months ending respectively on the 30th June and 31st December next ensuing, specifying the several periods at which such duties will become payable, the amount of such duties, the numbers, names, and descriptions of the immigrants in respect to whose contracts they are claimed, and the name of the plantation on which they are located ; and the Immigration Agent-general shall forthwith transmit a copy of that part of such list which relates to each judicial district to the special justice thereof. 28. That every special justice, on the receipt of such copy as aforesaid, shall compare the dates of such contracts, and the amount of duties, numbers, names, and descriptions of the immigrants stated thereiii, with the particulars stated in the returns mentioned in section 26 of INTRODUCED INTO BRITISH GUIANA. AND TRINIDAD. 179 ■of this ordinance, and if there shall be no discrepancy between the two, shall certify the list Appendix. to be correct, and shall forthwith return the same to the Immigration Agent-general ; but if any discrepancy shall be found to exist, it shall be the duty of such special justice, within 10 days after the receipt of such 'ist, to inquire into the origin of such discrepancy; to ascertain, by personal inspection, if necessary, the number of immigrants on any plantation, and to correct such list if he? sliall deem it right to do so, previous to returning it certified to the Immigration Agent-general. 29. Tiiat the Immigration Agent-general, on the receipt of such certified list as aforesaid, Immigration Agent- after taking due notice in his registers of any corrections made therein as aforesaid, shall General to forward transmit the same within five days to the Recoiver-general, who shall recover the amounts Recdver-neneva!. due fioni the parties upon whose plantations imn\igrants have been located : provided, that ° in the event of any such party neglecting or refusing to send in such returns as aforesaid, 'it shall be lawful for the Receiver-general to proceed, as hereinafter provided, for the recovery of the contract duties payable by such party, subject to the right of such party to establish by sufficient proof any deduction which he may claim to have made from the o)iginal num- ber allotted, and tiiat he shall be only compellable to pay for the balance remaining upon his plantation as hei-einbef'ore provided. 30. That from and after the taking effect of this section, every immigrant from any of Provision for return Her Majesty's possessions in the East Indies, introduced at the expense of the colony, shall Passage, be exempt from liability to any deduction from the current rate of wages as payable to other laiiourers located arid working upon the same estate, in respect of medical attendance or lodgings, and shall, inoreover, be entitled, upon payment to the Receiver-general, at the expiration of each subsequent year of his term of service under indenture, of the sum of nine 'dollais, which the employer is now authorized by law to deduct for such medical attendance and lodging from all indentured labourers, or upon payment of an amount equal in the aggregate thereto, to be provided with a passage back to the port from whence he came, free of all charge whatsoever, and of al! necessity of establishing, by other means, proof of indus- trial residence; but no such immigrant shall be entitled to claim such back passage unless he produce to the Immigration Agent-general the receipt of the Receiver-general for the amount payable by him in consideration of such back passage as hereinbefore provided ; provided always, that every child, under the age of six years, at the date of arrival in the colony, or born in the colonj"-, shall receive a free passage back with its parent or parents at the •expense of the colony, on thes. expiration of their term of service, and that every child for whose introduction only half the bounty payable for adults has been paid by the colony shall be so provided with a passage upon payment of half the amount above mentioned : and provided further, that the Governor, upon the certificate of the Immigration Agent-general or ■of a special justice, may exempt, either wholly or in part, from such payments, any Indian immigrant incapacitated from labour by infirmity, accident, or other cause, and may, not- withstanding, grant to such immigrant a free passage back to India, and cause him to be provided with a proper supply of clothing for the voyage. 31. That every immigrant from any of Her Majesty's possessions in the East Indies, shall, Indenture of irami- «pon arrival, be indentured by the Immigration Agent-general in the form annexed, marked grants. (F.), except as hereinbefore excepted, for a period of five years, or such other further term as Her Majesty's Government may see fit to authorize, but not exceeding 10 years in the whole ; and in the event of such further term being so authorized, it shall be lawful for the Governor, by proclamation under his hand and seal, to declare and make known, that from and after some certam time to be therein specified, such further or extended term shall be the legal term of indenture of such immigrants, and shall be in all respects comprehended under the provisions of this ordinance as if it had been the original term of five years herein ■specified. 32. That in the event of the period or term of service under indenture of such immigrant Payment by immi- being extended as aforesaid, the sum-to be annually paid by him, in consideration of his grant for return pas- being entitled to a back passasre as hereinbefore provided, shall ha proportioned to the entire ^^°^- sum so as that in no case shall he be called upon to pay more than the sum of 45 dollars. 33 That every immio-rant from any of Her Majesty's possessions in the East Indies, who Immigrant accepting: has accepted or shal I accept the bonus offered by the Court of Policy for postponing his right f^^u^s to be re-mden- to a free back passage on the completion of his original term of service, shall be dealt with and ""^ * considered in all respects as an immigrant newly imported, and shall, if not already under indenture be indentured for five years, or for such shorter period as he shall have covenanted to remain' upon the conditions hereinbefore recited, and the party to whom he shall be so indentured, or by whom he may be employed, shall pay the contract duties prescribed m section 24 of this ordinance. 34 That every estate on which such immigrants, whether indentured or not indentured. Plantation to Imve ^re located shall be provided with a proper hospital and hospital furniture, medicine, and hospital and medical nurses and shall have a regularly licensed medical practitioner to attend the sick, and in attendance. default thereof the proprietor of such estate shall be liable to a penalty of 25 dollars, and a like sum for each and every 14 d lys durino- which such default shall contmue, such penalty to be recovered in the mode and manner provided by Ordinance 30, of the year 1850. 986, ^^3 ^^' "^^^^ Appendix. Chinese to be in- dontuved. Guarantee to be in- dorsed upon Chines indentures. Contracts of services foi- inimiarantsfrom Mcideii-a, &c. African immigrant to be indentured on arrival if not already under contract. Classiiication of liberated Africans. Indenture of liberated Africans. Liberated Africans to have one afternoon of ii week for religious instruction. '\l'agcs of imlentured libersitcd Africans under ISyears of nge, how to be dealt with. Ticket of non-inlen- ture. 180 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY 35. That every Chinese immigrant, not already under written contract with some indivi- dual, shall, upon arrival in this colony, enter into a written contract, or shall be indentured by the Immigration Agent-general in the form annexed, marked (F.), for a period of five years from the date of his arrival. S6. That in respect of all Chinese immigrants arriving in this colony, for whose introduc- tion the full rate of bounty may be claimed, and who shall have entered into a contract pre- viously to their embarkation, engaging to repay advances made to them by monthly deduc- tions from their wages, it shall be lawful for the Governor to require any person to whom such immigrants shall be allotted to sign the following guarantee, to be endorsed upon such contract as aforesaid, namely : — "This indenture having been assigned to me as proprietoj- or attorney of the pror prietor of plantation , I engage to deduct the sum of dollars,, in monthly instalments of from such amount of wages as A. B. may earn in my service, and to pay the amount monthly to the Immigration Agent-general, to be by him paid over to the agent of , and in the event of the death of A. B.,. or of his inability to earn wages, I hereby engage to establish the same to the satisfac- tion of the stipendiary magistrate." And a copy of such guarantee, together with a descriptive list of the immigrants in respect to whom it has been given, shall be signed by the employer of such immigrants, and delivered to the agent of the importers : provided al^vays, that no such guarantee shall be construed to bind the party signmg it to deduct more than 12 dollars in the whole from the wages of any such immigrant, nor to make any deduction at all unless such immigrant shall continue in his service, and earn wages to a greater amount than one dollar per month. 37. That every immigrant from the island of Madeira, from any of the islands of the Azores, Cape de Verd, or Canary Islands, shall, upon arrival in this colony, enter into a written contract, in the form annexed, marked (F.), for a period of three years from the date of his arrival, and that no bounty shall be paid upon the introducT;ion of any such immi- grant who shall not be so indentured as aforesaid : provided always, that this clause shall not operate nor take effect in the case of any such immigrant from the island of Madeira,, from any of the islands of the Azores, Cape de Verd, or Canary Islands, who shall arrive in this colony at any time previously to the first day of May next ensuing. 38. That evey immigrant from any part of the African continent from which immigration shall have been, or may be hereafter, permitted by Her Majesty's Government, not already under written contract with some individual, shall, upon arrival in this colony, enter into a written contract, or shall be indentured by the Immigration Agent-general in the form annexed,, marked (F.), for a period of three years from the date of his arrival. 39. That all liberated Africans who may be hereafter sent to British Guiana at the ex- pense of Her Majesty's Treasury, shall be divided into two classes, the first class of whom shall comprise all those who, upon the inspection of the Immigration Agent-general, and the health officer, shall be considered to be above the age of 1-5 years; and the second class of whom shall comprise all those who, upon such inspection as aforesaid, shall be considered, to be under the age of 15 years. 40. That all liberated Africans of the first class, shall be indentured for three years, in the form annexed, marked (F.), and that all liberated Africans of the second class shall be indentured until they have attained the age of 18 years, in the form marked (G.), or in such other form as may be approved by the Governor. 41. Thai all liberated Africans of the second class shall be allowed one afternoon in each week, to be appointed by the Governor, for the purpose of receiving education and religious instruction suited to their capacity, and that any manager or other person in charge of a plantation, preventing the attendance of any such African, at any school situated within two miles of such plantation, on such afternoon as aforeSaid, or obstructing the minister of the parish, or any minister of the Christian religion, or any licensed schoolmaster, duly authorized thereto by the Governor, in visiting and instructing any such African, or neglecting or refusing to provide a fit and proper place, if required so to do, by the inspector of schools,, for the communication of such instruction, shall forfeit and pay a sum not exceeding five dollars for each such offence, to be recovered upon the complaint of the inspector of schools, or any person acting under his authority : provided always, that any such African who shall absent himself from viJork on such afternoon as aforesaid, and shall neglect or refuse to attend school or to receive instruction therein, shall be liable to the same penalties as would be incurred by any labourer under indenture for a breach of contract. 42. That any balance of wages due by any employer to an indentured liberated African, under the age of 16 years, sball be paid monthly to the special justice of the district, if such justice shall see fit so to direct, and such justice shall transmit every such sum to the Receiver-general, making a return of the same to the Immigration Agent-general ; and the Receiver-general shall then deposit the same into the Colonial Savings' Bank, there to remain at interest until the African to whom it belongs shall attain the age of 15 years, when the same shall) be paid out to him by the Receiver-general. 43. That upon a certificate from a special justice, the Immigration Agent-general shall be bound to grant a ticket of non-indenture to every immigrant who shall have duly completed tlie. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 181 the term for which he was allowed to be indentured upon his arrival in the colony, or for Appendix. which he covenanted to remain, on receiving a bonus, aS mentioned in section 33,' or who shall prove 10 the satisfaction of the Immicrration Agent-general that he is not liable to any service under indenture; such ticket, if a^pplied for within three months of the taking effect of this ordinance, or of the completion of his term of service, to be issued, free of all charge, but if obtained at a later period, then to be issued upon payment of 50 cents of a dollar. 44. That it shall be lawful for any member of the police force to stop any immigrant Circumstances under whom he shall find in any public street, lane, or place wiihin the city of Georo-etown, or the "^^^'^^ immigrant town of New Amsterdam, on any day on which such immigrant shall be bound to "^^y be apprehended, labour, and if such immij^rant shall not at once produce such ticket as aforesaid, to inquire whether such immigrant is or is not under indenture, and if the former, whether he have a written permission of absence, signed by his employer; and if tlie answers received to such questions shall not appear satisfactory, then to convey such immigrant before the special justice of the. district, who shall either cause him to be detained until further inquiry can be made or commit him to gaol as a vagrant, for any period not exceeding 14 days. 45. That it shall be lawful for the employer of any immigrant under a written contract to Apprehension of im- labour, for the servant of such employer, or for any member of the police force, or constable, migi'ant under con- to apprehend, without warrant, such immigrant, who, on any day on which he shall be *^'*''*- bound to labour, shall be found at a distance of more than two miles from the estate on which he shall be engaged to labour, without a ticket-of leave signed by such employer or his servant, and to cause such immigrant to be taken back to such estate. 46. That if any immigrant for whose introduction bounty shall have been paid, who How contract with may be indentured for longer than one year, shall be desirous of determining his contract of immigrants may be service on the expiration of the first or other current year, to be computed from the day of his P"^* "■^ ^^^ to. arrival in the colony, and shall give one calendar month's notice of his intention so to do, to his employer or the manager of the plantation on which he shall be employed, it shall be lawful for the immigration Agent-general, or the special justice of the peace of the district on the application of such immigrant, and on proof being made of such notice having been given, and of payment to the Receiver-genera! of the bounty money advanced for his intro- duction into the colony, and of contract duties, and hospital, and other reasonable expenses incurred on his behalf by his employer, to make order in writing for determining such con- tract from and after the day of the expiration of the year to be computed as aforesaid, and every such justice making any such order shall transmit a copy of the same to the Immigra- tion Agent- general. 47. That it shall be lawful for the Immigration Agent-general to enter into and upon any Immigration Agent- plantation where any immigrant may be employed, and to inspect the state and condition of g^i^sral to inspect such immigrant, and inquire into any complaint which the employer may have against any '^^™ ^" such immigrant, or any such immigrant may have against his employer. 48. That every person who shall obstruct the Immigration Agent-general in entering upon Penaltyfor obstruct- any plantation where any immigrant shall be employed, or shall be by the Immigration ing Immigration Agent-aeneral reasonably supposed to be employed, or who shall wilfully do any act whereby -Agent -general. the Immigration Agent-general may be prevented or obstructed in inquiring into the state and condition of any immigrant, shall, on conviction thereof before any two or more justices of the peace, forfeit and pay such sum not exceeding 48 dollars for every such offence, as to the convictingjustices shall seem fit. 49. That all salaries of officers granted, and all expenses incurred in virtue of this Salaries and expenses ordinance, shall be paid out of such funds as are raised for the purposes of immigration ; how paid. that all moneys payable by any person in virtue of any of the provisions of this ordinance, and which shall not be declared to be payable to any particular officer or person, shall be payable to the Receiver-general or to the special justice awarding the payment of any such money; that all sums received by the special justice, or any other person, and not payable over to any particular person, shall be paid over to the Receiver-general ; that all moneys received by the Receiver-general under this ordinance, and every other ordinance relaiive to immhrrants, not otherwise appropriated, shall be applied to immigration purposes ; and that the Receiver-o-eneral shall render annually to the Governor and Court of Policy, com- bined with the financial representatives of the inhabitants of the colony, a statement of all receipts and payments for immigration purposes, 50. That the Receiver-general shall enforce by parate or summary execution the payment Eecovery of money of all sums of money payable to him under and by the virtue of this ordinance. by Recoivei-generai. 51. That in all matters not otherwise specially provided for in this Ordinance, every Provision for ornls- immiorant shall be subject to and governed by the provisions of Ordinance No. 2 of the year sions from ihis ordi- 1853,'^intltuled "An Ordinance for regulating the Rights, Duties, and Relations of Employers "™cc. and Servants in the Colony of British Guiana." 62 That throuo-hout this ordinance the words and expressions hereinafter mentioned Interpretation shallhave and bear the following meanings, that is to say, the words " Her Majesty" shall clause. mean her Majesty, her heirs and successors; the word " Governor" shall mean any person who for the time being, shall be in the lawful administration of the Government of this colony • the word " Receiver-general" shall also mean Assistant Receiver-general ; the term gg' CC4 "Immigration Appendix. Operation 30tli sec- tion of this ordinance Repealing clause. 182 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY " Immigration Agent-general" shall not only mean the Immigration Agent-general, but alsa any sub-agent appointed by the Governor to act in any particular case,, or on any particular occasion in the place and stead of the Immigration Agent-general ; the word " immigrant" shall include ail immigrants already introduced, or who may hereafter be introduced in this colony at the expense of the British Treasury, or at the expense of this colony, or for whose introduction, although the same may be mider private contract, the colony may hereafter pay bounty ; the word " writing" shall also mean printing ; the word " servant" shall mean, any person employed and duly authorized by the proprietor of any plantatation to which immigrants shall be allotted ; the word " contract," and the words "written contract" shall mean also any indenture or agreement written or printed, or partly written and partly printed ; the word " estate" shall also mean plantation ; the word " plantation" shall include any sugar, cocoa, coffee, plantain, rice, or cotton estate, or any woodcutting establishment., or any cattle farm ; the word " employer " shall include the proprietor, or manager, or other person having the direction of or the chief authority upon any such estate or plantation, or of or upon any cattle farm, or of or upon any woodcutting establishment, on which any immi- grant shall be employed; every word importing the singular number only shall extend and- be applied to several persons or things, as well as to one person or thing ; every word importing the plural number shall extend and be applied to one person, matter, or thing, as well as to several persons, matters, or things; every word importing the masculine gender only shall extend and be applied to a female as well as to a male, unless in any of the cases- aforesaid it be otherwise specially provided, or there be something in the subject or context j.epugnant to such construction. 53. That the 30th section of this ordinance shall not come into force nor take effect until the 30th day of June next ensuing, but that all the other sections of this ordinance shall come into force and take effect on the publication thereof. 54. That when and so soon as this ordinance shall come into operation, as hereinbefore- provided. Ordinance No. Si, of the year 1850, intituled " An Ordinance to provide for the subsistence, moral and rehgious instruction, and well-being of liberated Africans sent to ]5ritish Guiana ;" Ordinance No. 20, of the year 1851, intituled " An Ordinance to provide general regulations for Immigrants introduced, and to be introduced into the Colony of British, Guiana ;" Ordinance No. 21, of the year 1851, intituled •• An Ordinance further to regulate and encourage the Immigration of Coolies;" and Ordinance No. 22, of the year 1851,. intituled "An Ordinance for encouragement of the introduction into the Colony ofLabourers in general," — shall be, and the same are hereby repealed, save and except as to existing con- tracts and liabilities for payment of contract duty, and all fines and penalties incurred, and, the right of proceeding for and recovering the same : provided always, that in the event of tliis ordinance not being confirmed by Hei- Majesty, the ordinances hereinbefore recited shall be and remain in as full force and effect as if this ordinance had not been passed. And that no ignorance may be pretended of this our ordinance, these presents shall be- prinfed and published in the customary manner. Thus done and Enacted at our Ordinary Assembly, held at the Guiana Public Build- ings, Georgetown, Demerary, this 31st day of January, 1853, and Published on the 2d February following. Henry Barkly. By Command of the Court, William Walker, Secretary. (True copy.) (signed) W. Walker, Secretary. (A.)— Sect. 9. Form of Clearing Certificate. Clearing Certificate of the Emigration Agent at Na.me of Ship. Name of Master. Tons per Register. -Aggregate Number of Superficial Feet in the several com- partments set apart for Passengers. Total Number of Statute Adults exclusive of Master, Crew, and Cabin Passengers the Ship can legally carry. Sailing from. Intending to touch at. Bound to. I, the INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 183 I. the uudersigned do hereby certify that the foregoing appear to be the burthen and dimensions of the above-named vessel, and that, having regard as well to space as to ton- nage the greatest number of passengers she can carry by the Passengers' Act, 1852, is and I further certify, that to the best of my knowledge and belief she is in all respects seaworthy, and that the provisions, water, and stores actually laden on board have been duly surveyed W .Tf'"f)?' ''" '^"f.*;'^ "u ^'" ^"^' '^'^ '^"'"'^^^ of passengers now about toVroceed in tion' and Slv't^^ril .l^'V^^^'f ^''' °^P'°P^^ ^'^^'^'y' ^^^ '" g°«d -"^ ^w^et condi- tion , and lastly, that all the directions contained i,. the Immigration Ordinance of British Gmana, and also m the Passengers' Act, 1852, so far as such let apphes to said vessel, for securing the health and safety of the passengers, have been duly complied with. • Dated at this day of Emigration Agent for 185 at Appendix. (B.)— Sect. 9. Nominal List of Passengers Embarked on Board of Port of Numbers of Passengers. Occupation or calling. Age, Adults. Children between 6 and 14 Years. Children under Six years. Port at which Passengers are to be Embarkation M. F. Total. M. F. Total. M. F. Total. Landed. Total No. of Souls equal to Statute Adults. I, the undersigned, do hereby certify that the above is a correct list of all the Passengers who embarked at dated at this day of ' 185 A. B., Emigration Agent for at (C.)— Sect. 14. Immigration Agent-General's Certificate of Arrival. I, THE undersigned, do hereby certify that the ship ( , master), arrived at this port from on the of , bringing 14 years of age, between the ages of 14 and six years, and years of age ; that I, assisted by the health oflBicer of the port, have personally inspected the said vessel and immigrants, and find that the provisions of the Passengers' Act, 1852, and also of the colonial laws,, so far as they apply to such vessel, have been duly comphed with ; and finally, that the amount payable in respect of such emigrants is dollars. immigrants above under six Dated at day of ,186 A. B., Immigration Agent-General,. 986. Dd (D.)— Sect. Appendix. 184 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY (D.)— Sect. 23. Annual List of Arrivals and Allotments of Inamigrants. Number of Arrival. Name Vessel. Number of Itomigrants. Port or Place. Adults, Children between Sis and Fourteen Years. Childreii under Six Years. 1 Number of Immigrants allotted, lincluding Cliildren. To what Plantation allotted. Remarks. M. F. Total. M. F. Total. M. F. Total. M. F. r Dated at , this day of ,185 A. B., Immigration Agent-General. N. B. — If any discrepancy exisits between the number arrived and those allotted, explain it in the column for remarks. (E.)— Sect. 26. Half-Yearly Return of the Number of Immigrants under Contract, located on Plan- tation , in the Parish of , in the Colony of British Guiana. Name of Ship. Oate of Contract or Indenture. Remaining from last Return. Deaths since last Return. Number Immigrants remaining. Whence Emigrating. Adults liable to Whole Duty. Children liable to Half Duty. Births. Adults liable to Whole Duty. Children liable to Half Duty. Total. deserted since last Return. Adults liable to Whole Duty. Children liable to HalfDutv. Total M. F. M. F. M. F. iTotai. M. F. M. F. M. F. M. F. M. F. ! 1 i 1 1 ! * ■ To tal - - 1, A. B., of , do solemnly and sincerely declare that the above is a true and correct return of the immigrants on plantation on the day of , 185 , as required by the 26th section of Ordinance No. 3, of the year 1853. A.B. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 185 (F.)— Sects. 31, 35, 37, 38, 40. Appendix. (British Guiana.) Be it remembered, that on this day of in the year of u r Lord , of , and of , appeared before "^6. .... > Immigration Agent-general of the colony of British Guiana, and in my presence signed their names or marks (as the case may be) to the following contract of service : — The said agrees to hire the services of the said , and the said agrees to render to the said services in the capacity of a , for the term of years, commencing on the day of , in the year , and terminating on the day of , in the year . And it is further agreed between the said parties, that the said shall be employed by the said on plan- tation . And it is further agreed that the said shall pay to the said as such labourer aforesaid, the same rate of wages as is paid to the labourers not under indenture or agreement working on said estate, according to the quantity of work performed, and that such wages shall be paid on the last day of , subject to deductions at the rate of three dollars per annum for medical attendance, and at the rate of six dollars per annum for lodging. A.B. CD. The preceding contract was signed by the above-named parties in my presence on the day and year above written,- voluntarily, the same being, as far as I am able to judge, fully understood by them respectively. (signed) E. F., Immigration Agent-General. (G.) — Sect. 40. (British Guiana.) This Indenture, made the day of , in the year of our Lord One thousand Eight hundred and , between A. B., Immigration Agent- general in the colony of British Guiana, for and on behalf of C. D., a liberated (male or female) African) of the age of years, and numbered , recently sent to this colony under the authority of Her Majesty's Government, for the purpose of being located and established herein, of the one part, and E. F., of in this colony, of the other part, — Witnesseth, that in virtue of the ordinance in such case made and provided, and in consideration of the covenants, promises, and agreements on the part and behalf of the said E. F., hereinafter contained, he, the said A. B., as such Immigration Agent-general, has indented, placed, and bound, and by these presents doth indent, place, and bind the said C. D. (the African indented) to and with E. F., of to serve for the term of years, to be computed from the day of the date of these presents; and doth hereby, for and on behalf of the said C. D., to and with the said E. F., covenant, promise, and agree that he the said C. D. shall and will, during all and every part of the said term of years, truly and faithfully serve the said E. F., as a labourer on plantation ; and the said E. F. doth hereby covenant, promise, and agree to and with the said A. B., for and on belialf of the said C. D., that he, the said E. F., shall and will, until the said C. D. shall have attained the age of 16 years, find and provide the said C. D. with suitable and sufficient diet, clothing, tools, or implements of work, lodging, and medical attendance, in a like and equal manner with the rest of the Africans under the age of 15 years, indented in this colony; and according to the laws in such case made and provided, and according to all other ordinances and laws which may hereafter be made touching or concerning Africans under the age of 15 years, indented in this colony, and that he the said E. F., for and on account of the said C. D., until the said C D., shall attain the said age of 15, shall and will keep, or cause to be kept, a regular account, in which the said C. D. shall be debited with the costs and charges of such diet, clothing, tools, or implements of work, at the same prices, paid for the same by the said E. F., with a sum for medical attendance and hospital diet, at the rate of three dollars per annum, and with a sum at the rate of six dollars per annum for lodging, and shall and will credit the said C. D. for all work by him or her done and performed, at the same rate of wages paid or payable to any other labourer on said plantation for the like work; and moreover that he the said E. F. shall and will, until the said C. D. shall attain the age of 15 years, at the beginning of each month, exhibit to the special justice of the district in which said 'plantation is situate, such account, and pay to said special justice whatever balAnce or sum may be then due on said account to the said C. D., and shall also allow to the said C. D. during the continuance of these presents, for education and religious instruc- tion such one afternoon in every week as shall be appointed or assigned by the governor of 986. » ° 2 the i86 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY Appendix. the colony for the time being ; and also shall and will, after the said C. D, shall have at- tained the age of 1 5 years, and until he shall have attained the age of 1 8 years, allow and pay to the said C. D. weekly, and every week for all work which the said C. D. shall do and perform, the same rate of wages paid or payable to any other labourer for the like work, after deducting the original costs of any tools or implements found and provided by the said E. F. for the said C. D., a sum for medical attendance and hospital diet at the rate of three dollars per annum, and a sum for lodging at the rate of six dollars per annum. In witness whereof, he the said A. B., the Immigration Agent-general, for and on behalf of the said C. D., and hereunto set their hands the day and year first above written. Appendix, No. 6. Preamble. Allotment and con- tract of immigrants. Immigrants not ivn« der contracts to laboin-, to pay monlhiy sums. British Guiana. — No. 13. — 1858. (Court of Policy.) Ak ordinance to amend Ordinance No. 20, of the Year 1851, intituled W. Walker. " An Ordinance to provide General Regulations for Immigrants introduced and to be introduced into the Colony of British Guiana." Ordinance, enacted by his Excellency William Walker, Esquire, Lieutenant Governor and Commander-in-Chief in and over the Colony of British Guiana, Vice-Admiral and Ordi- nary of the same, &c., &c., &c., by and with the advice and consent of the Honourable the Court of Policy of said Colony. To all to whom these presents do, may, or shall come, greeting; be it known: — Whereas it is necessary to amend Ordinance No. 20, of the year 1851, intituled "An Ordinance to provide General Regulations for Immigrants introduced and to be introduced into the Colony of British Guiana," by repealing certain of its provisions and enacting others in lieu thereof: Be it therefore enacted by his Excellency the Lieutenant-governor of British Guiana, by and with the advice and consent of the Court of Policy thereof, as follows : — 1. That section 15 of the said Ordinance No. 20, of the year 18S1, shall be and the same is hereby repealed, and instead of section 15 in the said ordinance the following shall be section 15, that is to say : — " 15. That on the arrival in this colony of any immigrants not already under a written contract with some individual, and for the expenses of whose impor- tation the colony shall be liable under and by virtue of any proclamation or otherwise, the Agent-general of Immigration shall proceed to allot them on such plantations as they may prefer, or if they do not desire to exercise any preference, shall allot them in such numbers and proportions as circumstances will admit of, to those plantations for which applications for immigrants shall have been previously made, and submitted to the Governor and beea by him approved ; and that after such allotments, each applicant, to whom immigrants shall have been allotted as aforesaid, before he shall become entitled to the services of such immigrants shall enter into a contract with each immigrant in the form annexed, marked (D.), or in such other form as may be approved by the Governor, for a period not less than 12 calendar months, and not exceeding three years, except in cases in which some other form or some other period of service is specially provided, and shall pay to the Agent-general of Immigration a duty of two dollars upon each of said contracts, and if the term of service expressed in such contract shall be for more years than one, shall further pay to the Colonial Receiver-general, or Assistant Colonial Receiver-general, at the commencement of each subsequent year of such term of service, a sum of four dollars for each immigrant in service on his plantation under such written contract to labour, on the 30th day of June, or 31st day of December, immediately preceding; and in the event of any such annual duty being unpaid for one month after the commencement of the year for which it is payable, the operation of the contract between the employer and immigrant shall be suspended and in abeyance, in as far as the employer is concerned, until such annual duty be paid, except that the payment of such duty by such employer shall be enforced in manner and form hereinafter provided." 2. That section 16 of the said Ordinance No. 20, of the year 1851, shall be, and the same is hereby repealed, and instead of the said section 16, in the said ordinance, the following shall bf the section 16, that is to say:—" 16. That every immigrant introduced into this colony, at the public expense, after the taking effect of this ordinance, who being permitted by law to enter mto a contract with any employer for three years or five years, shall not, dnrino' the said three years or five years, be m the service of some employer or other, under a written contract to labour on a plantation, f»r every month of saiu three years or five y<3ars, during which lie shall not be under such contract, if he shall be an immigrant with whom it was permitted by law for an employer to have originally entered into a contract for three years. INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 187 years, shall pay in advance a monthly sum of one dollar, and if he shall be anlimraiorant .^«pendi^ ^ith whom It was permitted by law for an employer to have originally entered into a con- -^^-P^'^- tract for five years shall pay m advance a monthly sum of one dollar and fifty cents: and all such sums shall be designated throuahout this and every ordinance passed and to be passed relative to immigrants as ' monthly sums.' " the'pu?h?a£ thtiS" '''' '°"' "'° °P"^'^°" ^"' *^^^ ^^^'^^ ^"^ '^'^ f-- ^'- '^'^ «f ^-^en ordinance to '^ ■ take effect. And that no ignorance may be pretended of this our ordinance, these presents shall be printed and pubhshed m the customary manner. • o Vl^^ ^°Jl^ ^^^ Enacted at our Adjourned Assembly, held at tlie Guiana Public liuildings Georgetown, Demerara, this 23d day of June, 1853, and published on the 25th following. ^ „ _, , William Walker. By Command, W. B. Wolseley, Acting Secretary. (True copy.) (signed) W. B. Wolseley, Acting Secretary. Appendix, No. 7. Hi arris. Trinidad. — No. 3.-22 March 1853. AnC)RDINANCE enacted by the Governor of the Island of Tnnicfarf, by and Referred to at with the advice and consent of the Council of Government thereof, for the page 139. better Government of Chinese Immigrants introduced at the public Expense. Whereas certain Chinese labourers have been introduced into this colony at the public Chinese immigrant* expense, and whereas it is expedient to make provision for the government of the same, to be registered, and of all other Chinese labourers who may hereafter be introduced into this colony at the public expense ; Be it enacted, by his Excellency the Governor, by and with the advice and consent of the Council of Government, that the Agent-general of Immigrants shall insert the names of all Chinese immigrants already introduced, or who may be hereafter introduced into this colony at the public expense, in the General Register of Immigrants, under a sepa- rate head, and shall niimber each of such immigrants by a particular number, commencing with the number one, and proceeding by regular numerical progression, and shall distin- guish therein, under different heads, the number, name, age and sex of every such immi- grant, and the time when, and the place from which, and the vessel in which such immigrant shall have arrived ; and also the amount of the monies, if any, which may have been advanced to such immigrant previous to his embarkation, and which are to be repaid by such immigrant out of his wages, in this colony. 2. And be it enacted, that it shall not be lawful for any Chinese immigrant already introduced, or who may be hereafter introduced into this colony at the public expense, to depart from this colony without a hcence in writing, signed by tlie Agent-general of Immi- grants, and every master or other person in charge of any vessel, who shall knowingly receive or harbour on board of such vessel, or agree to receive on board of such vessel, with the intention of carrying out of this colony any such Chinese immigrant whose name shall appear in such register, and who shall not have obtained such licence shall, on conviction thereof before a justice of the peace, forfeit and pay to Her Majesty the sum of 20 /. sterling for each and eveiy such Chinese immigrant whom he shall have so received or harboured, or agreed to receive with such intention as aforesaid. 3. And be it enacted, that no licence to leave this colony shall be delivered by the Agent- general of Immigrants to any such Chinese immigrant, until he shall have completed a residence of five years within this colony, unless the Governor shall make order in writing under his hand, for the return of any such Chinese immigrant to the place whence, he may have come before the expiration of the said term of five years. 4. And be it enacted, that every such Chinese immigrant who shall complete a residence of five years within this colony, on making the same to appear to the satisfaction of the Agent-general of Immigrants, >hall be entitled to a certificate of residence under the hand of the Agent-generai of Immigrants, wliich certificate shall be delivered, free of charge, to such immigrant. 5. And be it enacted, that it shall be lawful for the Agent-general of Immigrants to assign the services of any such Chinese immigrant already introduced, or who may herea'ter be introduced into this colony at the public expense, to sut-h person and in respect of such plaritation as to the Governor may seem fit, for the space of five years, to be computed from 986. " D D 3 • the Chinese immigrant not to leave tlie colony without a licence. Penalty. No licence to he granted to Chinese immigrant except on completing a resi- dence of five j-ears. Certificate of resi- dence. Assignment of ser- vices. a 88 PAPERS RELATING TO CHINESE IMMIGRANTS RECENTLY: Duty on assignment of services. Governor may de- termine assignment and transfer tlie Appendix. the day of the arrival of such Chinese immigrant in this colony, and every such assignment ■ of services shall be according to the form (A.) in the schedule to this ordinance, and shall be signed by the Agent-general of Immigrants. 6. And be it enacted, that upon every such assignment there shall be payable to Her Majesty for every such Chinese immigrant whose services may be so assigned, the sum of 2 1, for the first year, for which such services shall be assigned, which sum shall be paid to the Agent-general of Immigrants, at the time of the execution of such assign- ment, and the annual sum of 1 /. for every subsequent year of such seivices, which annual sum shall be paid yearly in advance to the Agent-general of Immigrants by the person in possession of the plantation in respect of which such services shall have been so assigned. 7. And be it enacted, that it shall be lawful for the Governor in any case where he shall see fit, to determine such assignment, and to transfer the services of such Chinese immigrant to some other person, and in some respect of some other plantation for the residue yet unexpired, and to come of the said term of five years, and such transfer shall be in writing, signed by the Agent-general of Immigrants, and the person to whom such services shall be so transferred, shall be bound to pay to Her Majesty a proportionate part of the sum of 2 1, for the proportion of the current year, which sum shall be paid to the Agent-general of Immigrants at the time of the execution of such transfer, and the annual sum of 1 I. for every subsequent year of such ser- vices, which annual sum shall be paid yearly in advance to the Agent-general of Immigrants, and the person in' favour of whom the prior assignment so determined shall have been made, shall forfeit all monies which he shall have paid in respect of such assignment. Agent-general of Im- 8. And be it enacted, that if after the expiration of the first or other current year after his arrival in this colony any such Chinese immigrant shall be desirous of having his ser- vices transferred to some other plantation than that in respect of which his services shall have been assigned, it shall be lawful for the Agent-general of Immigrants to make order in writing for determining^ the original assignment of the services of such immigrant, and to transfer the services of such immigrant for the residue of the said term of five years to such person and in respect of such plantation as such Chinese immigrant may select ; which transfer may be according to the form (B.) in the schedule to this ordinance, and shall be signed by the Agent-general of Immigrants, and in every such case there shall be payable to Her Majesty by the person to whom such services may be so transferred the sum of 3l. for the first year for which such services shall be so transferred, which sum shall be paid to the Agent-general of Immigrants at the time of the execution of such transfer, and the annual sum of iZ. for every subsequent year of such services, which sum shall be paid yearly in advance to the Agent-general of Immigrants by the person in possession of the plantation to which such services shall have been so transferred. Cliinese immigrant 9- And be it enacted, that every Chinese immigrant whose services may be so assigned or to continue his ser- transferred shall be bound to continue to work on the plantation in respect of which his vices on any estate services shall have been so assigned or transferred, notwithstanding that the person to whom to wMdi he may be j^jg services may have been assigned or transferred shall die, or the plantation in respect of which such services shall have been assigned shall be sold or demised, and in every such case the right to the services of such Chinese immigrant during the residae of the said term of five years shall vest in the person or persons to whom such plantation shall be devised or descend or be sold or demised. migrants at request of Chinese immi- grant may transfer aisignment of ser- vices. assigned or ti'ans- ferred AEowances and wages. Deduction of allow- ances. 10. And be it enacted, that every person in possession of the plantation in respect of which the services of any such Chinese immigrant may be so assigned or transferred shall be bound to provide proper and sufficient medical care, and proper and sufE:cient medicine and attendance, for such Chinese immigrant during the continuance of his services, and shall be bound t6 supply to every such Chinese immigrant during the first three months after his arrival in the colony such clothing and daily food as are specified in the schedule to this ordinance annexed ; and at the end of the said term of three months,, every such Chinese immigrant shall, in the absence of an express agreement to the contrary, be entitled, in lieu of such clothing and food, to wages at the rate of six dollars for every calendar month; provided always, that no deduction shall be made from such wages by reason of the sick- ness and inabihty to work of any such Chinese immigrant, unless such sickness and inability to work shall continue more than 15 days at any one time, in which case the right to such money wages shall cease during the further continuance of such sickness and inability. 11. And be it enacted, that the manager or other person in charge of the plantation in respect of which the services of any such Chinese immigrant shall be so assigned or trans- ferred, shall be bound to deduct, by monthly instalments of one dollar each, from the wages of such Chinese immigrant, the amount mentioned in such assignment as advanced to such Chinese immigrant previous to his emburkation, and shall pay over the amount so deducted to the Agent-general of Immigrants, and the monies so paid over shall be paid by the Agent- general of Immigrants to the colonial treasurer for the benefit of the person by whom such amount shall have been advanced. 12. And, INTRODUCED INTO BRITISH GUIANA AND TRINIDAD. 189 Appendix. 12. And be it enacted, that all duties by this ordinance made payable to Her Majesty Duties on assign- in respect of the services of any Chinese immigrant, whose services may be assigned or mcnt or transfer to transferred under this ordinance, shall be a first charge on the plantation in respect of which ''fantation. ^^ "^ uch services shall be so assigned or trans-ferred. 13. And be it enaiCted, that every such Chinese immigrant whose services shall be so Hours of labour, assigned or transferred, in the absence of an express agreement to the contrary between such Chinese and the person entitled to his services under such assignment or transfer, shall be bound to work upon or in the service of the plantation in respect of which his services shall be due, for nine hours of each day, Sundays, Good Friday, Christmas Day, and New Year's Day, only excepted. 14. And be it enacted, that if any such Chinese immigrant shall be desirous of deter- Chinese immigrant mining the assignment of his services on the expiration of the first or other current year may_ determine his after his arrival in this colony, it shall be lawful for the Agent-general of Immigrants, on ^^'"^^'^^^ °^ ''^^ ^ the application of such Chinese immigrant, to make order in writing for the determination of such assignment of services at the expiration of the then current year, on the payment of a sum equal to 50 s. sterling for every year which may remain unexpired and to come of the said term of five years, and thereupon the Agent-general of Immigrants shall grant a certificate of discharge to such Chinese immigrant, which certificate shall be according to the form (C.) in the schedule to this ordinance. 15. And be it enacted, that if any person shall harbour or receive into his employment Penaltjr on persons any Chinese immig-rant to whose services any other person may be entitled under any employing any Chi- ^- . , c f • . 1 ■ T 1 • r 1 nese immierants un- assignment or transfer or services then unexpired and in force, every such person on con- ^^^ assiwiment. viction before a justice of the peace, on the complaint of the Agent-general of Immigrants, ' or of the person entitled to such services, or of the manager or other person in charge of the plantation in respect of which such services shall be due, and which complaint may be laid at any time within 12 calendar months next after any day on which such Chinese may be so employed, shall forfeit and pay to Her Majesty the sum of 10 1, sterling, and to the person entitled to such services under such assignment the sum of 8 s. for each day during which such Chinese immigrant shall be so harboured or employed. 16. And be it enacted, that it shall be lawful for the Agent-general of Immigrants, or any Agent-general of Im- police constable, to stop any Chinese immigrant, wherever he may find him ; and also for migrants or poUce the owner or occupier, or "the servant of the owner or occupier, of any land or house, to cWnese immiS^t^ stop any such Chinese immigrant found upon or about such land or house; and if such -s^herever he may Chinese immigrant, being so required, shall fail to produce his certificate of residence, or find him, and demand a certificate of his discharge, or a written ticket-of-leave, signed by the manager or person certificate of resid- in charge of the plantation in respect of which his services may be due, to take such ence or ot discharge. Chinese immigrant forthwith before some neighbouring justice of the peace ; and such justice shall f )rthwith inquire into the case, and, unless such Chinese imrnigrant shall make it appear to the satisfaction of such justice that he has completed such residence, or obtained such discharge, or that he is absent from the plantation in respect of which his services shall be due with the leave of the manager or other person in charge of such plantation, then and in such case such justice shall make order for the immediate committal of such Penalty. Chinese imrai-'tant to imprisonment with hard labour labour in the Royal Gaol for the term of 14 days. 17 And be it enacted, that every Chinese immigrant, whose services shall be so assigned Penalty on Chinese or transferred, who, during the continuance of such assignment or transfer, shall, without ^^'C^tuhont lawful excuse, absent himself from his work, shall forfeit his claim to all wages and allow- ^^Zs^ ances for the time during which he shall so absent himself, and, on conviction thereof before any justice of the peace, shall for every such offence be imprisoned in the Royal Gaol, with hard labour, for such term not exceeding 14 days, to be computed from the day of such Chinese immigrant being committed to such gaol as to the convictmg justice snail seem fit. 18. And be it enacted, that it shall be lawful for any person entitled to the services of ^ppreh^of^ anv Chinese immigrant, by virtue of an assignment or transfer of such services under this S^^^^^^^'^^^ ^"^^ ordinance or any servant of such person, or for any constable, to apprehend without warrant such Chinese immigrant being found at a distance of more than two miles from the planta- tion in resoect of whicli his services shall be due without a written ticket-of-leave, signed by the manager or person in charge .of such plantation, and to cause such Chinese immigrant to be taken back to such plantation. 19. And be it enacted, that any Chinese immigrant who shall wisely and rraudulently f-J^- Chines. Tiretend that he has completed a residence of five years withm this co ony, oi who shall j^ to have completed Suv use as his own any certificate of residence or discharge which shall have been "esidence of'five Granted to any other Chinese immigrant, or who shall lend his certificate of residence or of years or using as his I scha ge t^Jn; other Chinese imn^igrant, and any Chinese --'g'-f "^ ^ PSret: rTd^t'^SSarS shall wilfully counterfeit or alter any such certificate, shall, on conviction thereof before any ^^^^^^^^^^^chmL iusticrof the peace, be imprisoned, with hard labour, for such teim not exceeding three .^^j^^,^,, calendar months as to the convicting justice shall seem fit. 986. ° « 4 ^«- ^^' Appendix. ^ 90 PAPERS RELATING TO CHINESE IMMIGRANTS. Monies to be paid 20. And be it enacted, that the Agent- general of Immigrants shall pay over to the colonial over to the colonial treasurer all monies which may be received by such i\ gent-general under this ordinance,. and all such monies shall be carried by the colonial treasurer to the account called the Imaiigration Fund. Proof of the hand- 21. And be it enacted, that proof of the handwriting of the Agent-general of Immigrants ■writing of Agent-ge- to any assignment or transfer of the services of any Chinese immigrant, or to any certificate neral ofjmmigraiits ^j. other document mentioned in this ordinance, shall be suflScient evidence of the execution of the same, and of the facts mentioned in such assignment, transfer, certificate, or other document. to he sufficient evi- dence. Onus probandi. 22. And be it enacted, that where any question shall arise whether any Chinese immigrant has completed a residence of five years within this colony, the burthen of proof shall lie on the Chinese immigrant or other person alleging that such Chinese immigrant has completed such residence. Passed in Council this 22d day of March, in the year of our Lord 1863. Richard D. Cady, Clerk of Council. Schedule (A.) Know all men by these presents, that I, , Agent-general of Immigrants, . by order of His Excellency the Governor, do assign the services of , a Chinese immigrant who arrived in this colony on the day of , in the- ship , to , in respect of the plantation , in the ward of , for the space of five years, to be computed from the day of The amount advanced to the said previous to his embarkation, and to he deducted from his wages is (signed) A. B., Agent-General of Immigrants. (B.) These are to certify that I, , Agent-general of Immigrants, at the request of the Chinese immigrant , who arrived in this colony on the day of , in the ship , and whose services were assigned to , in respect of plantation , in the ward of , for the space of five years, do transfer the services of the said to of in respect of the planta- tion for years, to be computed from the day of (signed) A. B., Agent-General of Immigrants. . (C.) I CERTIFY that the Chinese immigrant [insert name and number of immigrant] who arrived^ in this colony on the day of , in the ship , has paid to me the sum of , in consideration whereof I hereby order that the said be discharged from further service from the day of next. (signed) A. B., Agent-General of Immigrants. Scale of Allowances and Wages for each Chinese Immigrant. Money Wages, — Four dollars for each calendar month. Food. — Eight ounces of beef or other meat, and one pound and a half of other alimentary food per diem. Clothing. — One blanket and one flannel shirt. (:^,^^:uC,(^,^r^J^..^ii s^r't^ ^ EMIGRATION. EMIGRATION FROM CHINA TO BRITISH GUIANA AND TRINIDAD. RETURN to an Address of the Honourable The House of Commons, dated 16 July 1858 ■,—for, A " COPY of all Letters addressed by Members of the West India Committee to the Secretary of State for the Colonies, on the subject of Emigration from China to the Colonies of British Guiana and Trinidad, and of any Documents connected therewith ; also, of any Replies either from the Colonial Secretary or the Emigration Commissioners." / Colonial Office, I CAEN AE VON, 30 July 1858. J (Mr. Ewing.) Ordered, hy The House of Commons, to he Printed, August 1858. '-2 .. ^' 525- [ 1 1 Copy of all Letters addressed by Members of the West India Committee to the Secretary of State for the Colonies, on the subject of Emigration from China to the Colonies of :^ritish Guiana and Trinidad, and of any Docu- ments connected therewith ; also, of any Replies either from the Colonial Secretary or the Emigration Commissioners. — No. 1. — Copy of LETTER from P. E. JTodehouse, Esq., to the Right Honourable p. e. Wo'dehouse, Lord Stanley, M.P. esq., to Right Hon. Lord Stanley, m.p. My Lord, 15, Queen-street, May Fair, 8 March 1858. 8 March 1858. Looking to the present aspect of affairs in China, and to the extreme want of labour now experienced in British Guiana, I hope that I may be permitted, before returning to the West Indies, to submit to your Lordship a proposal by means of which, if you should be pleased to accede to it, I believe that con- siderable relief might in an unobjectionable manner be immediately afforded to the planting interest; and in order to set the purport and object of my proposal clearly before your Lordship, T will in the first place briefly explain the present state of the colonial law bearing upon the question. The Ordinance by which the introduction and management of the immi- grants of various races is mainly governed is No. 7 of the year 1854.* The' 5th * Vide Papers pre- section of that Ordinance provides for the payment of bounty to persons intro- sented to Parlia- ducing immigrants at their own expense, under licence from the Governor. ™g^"^' -"^"g* The 14th section requires that contracts made with Chinese out of the Colony shall be executed before a consul, notary, or other officer duly authorised by Her Majesty's Government ; and the 62d section enacts, that an "immigrant" shall mean a person introduced at the expense of the Colony, " or for whose introduction, although the same may be under private contract, the Colony may hereafter pay bounty." No bounty is at present permitted to be paid, and consequently no immigrant introduced by a private party at his ovl'n expense could, as the law stands, be recognised as such for the purposes of the Ordi- nance ; that is to say, the importer could not get him bound under indenture to any estate or otherwise brought under the control of that law. I will not now trouble your Lordship with a detail of the obstacles which have mainly impeded Chinese immigration; they are explained in a letter addressed to Mr. Labouchere on the 22d January last,i" in whicli a proposal was | vide House of made that British Guiana should be permitted to send an agent to China with Commons Paper, a view to overcoming them, a proposal which was recently acceded to by the ^g"- 3'» 'jaf' i- "^ Secretary of State. My fear is that he cannot arrive in China in time to affect ^^' ^' the operations in the next season for the shipment of emigrants, and therefore I venture to suggest an arrangement to be acted upon immediately for the season, and to be suspended if, upon further inquiry, it should be found objectionable. I believe that there exists no power in the Secretary of State to prohibit the removal from China to the West Indies of Chinese, provided that the require- ments of the Imperial Passengers' Act be strictly compUed with, and conse- quently that the only impediment to such a transaction is to be found in the 62d section of the British Guiana Ordinance above quoted, which renders it impossible for the person incurring the expense of their removal, to ensure the benefit of their services on their arrival.. I would therefore earnestly recom- mend that your Lordship's permission should be given for the modification by the Colonial Legislature of the present construction of the term " immigrant" to such an extent as to render it applicable to Chinese introduced by private narties in strict conformity with the Passengers' Act ; and if your Lordship ^ ^ A 2 should PAPERS RELATIVE TO EMIGRATION FROM CHINA TO should think it desirable, the amendment might be made to remain in force for a limited period ; or, if you should wish it, it might be restricted to a limited number of immigrants, and thus the absolute right of re-considering the arrangement would be fully vested in Her Majesty's Government. I am aware that there is now in this country a Parsee gentleman connected with a wealthy firm in China, who would in such case immediately make arrangements for shipping Chinese to Demerara ; and that there are several gentlemen in London, Liverpool, and Glasgow who would hail your permission as a great boon ; and I sincerely hope that on the face of the unlimited supply of labour which the French and the Spaniards are now obtaining from Africa, India, and China, your Lordship will feel warranted in sanctioning this experi- mental measure for the relief of one of our largest sugar-growing Colonies. I have, (signed) &c. P. E. Wodehouse. No. 2. TI. Merivale, esq., to the Emigration Commissioners. 9 March 1858. — No. 2. — Copy of LETTER from H. Merivale, Esq., to the Emigration Commissioners, Gentlemen, Downing-street, 9 March 1858. In reference to your report of 2d February, I am directed by the Secretary of State to transmit to you for any suggestions and observations which you may have to offer, the enclosed letter from Governor Wodehouse, on the subject of introducing Chinese immigrants into British Guiana. I am to request that an early answer may be furnished on the questions raised in Mr. Wodehouse's letter. I have, &c. (signed) H. Merivale. No. 3. The Emigration Commissioners to H. Merivale, esq. 13 March 1858, — No. 3. — Copy of LETTER from the Emigration Commissioners to H. Merivale, Esq. Sir, Emigration Office, 13 March 1858. We have to acknowledge your letter of the 9th instant, enclosing and desiring us to furnish an early report upon a letter addressed to Lord Stanley by Mr. Wodehouse respecting Chinese emigration. 2. It appears that there is in this country a Parsee gentleman who, if certain legal difficulties were removed, would be enabled, by his connexion with a wealthy firm in China, to commence next season an emigration of Chinese, under contract to serve on the estates of the persons paying for their passages. Governor Wodehouse suggests a mode of removing these difficulties, expressing his apprehension that if this opportunity is allowed to pass by, the next season (which may be said, we believe, to last from about September to March inclu- sive) will be lost to the Colony. 3. There can be no doubt that if, by the proposed means, two or three ship loads of Chinese can be introduced, with a requisite proportion cJf women (and we are disposed to think that a very small proportion need be insisted on in the first instance, say one in eight), a very great benefit would be conferred on British Guiana and the West Indies generally ; and we should be extremely sorry that any merely legal obstacle should be allowed to frustrate such an attempt. 4. On the obstacles which at present exist, we have to offer the following observations, 5. All emigration from China in British ships must be carried on in confor- mity, not with the Imperial Passengers' Act (as Mr. Wodehouse supposes), but with THE COLONIES OF BRITISH GUIANA AND TRINIDAD. 3 with the Chinese Passenger Act, 18 & 19 Vict. c. 104; of which tiie leading provision is that every ship hefore leaving China on any voyage of more than seven days duration shall receive from an emigration officer I certificate that the ship is properly found and not over crowded; that the contracts of the emigrants are reasonable ; that no fraud appears to have been practised in collecting thejn ; and that there are on board a surgeon and (unless specially dispensed with) an interpreter. \ f j 6. If a ship arrived in British Guiana witli emigrants from China, and without, me above certificate, she would be subject to forfeiture, and it would be the duty ot the custom-house officer to seize her. 7. There is an emigration officer appointed at Hong Kong, and possibly, if a recommendation contained in our report of the 18th of December 1856 was adopted, at Amoy, but not, we believe, at any other place ; nor, of course, could any such officer be appointed, except at the five ports which are open to trade under our treaties with the Chinese. Under anv circumstances, therefore, eveiy ship must either take in her emigrants at one 'of these ports, or, having taken in emigrants at some place within seven days' vo3'age of such a port, must call there to obtain the emigration officer's certificate, and we apprehend the Secretary of State for Foreign Affairs would peremptorily object to the shipment of emigrants with the direct or indirect authority of Government, except at one of the open ports. 8. It is for the gentlemen concerned in the proposed undertaking to consider how far these circumstances would impede their operations. All that the Government could do to help them would be (as far as we see) to appoint an emigration officer (probably the Consul) at any one or more of the five ports at which it may be desired to ship emigrants. 9. The difficulty arising out of the law of British Guiana is that, wh:le the 14th section of the Ordinance legalises contracts with Chinese immigrants, if made before a " notary public, British Consul, or other officer appointed by the Government," the interpretation clause restricts the meaning of the word "immigrant" to persons for whom the Colony pays freight or bounty. It, therefore, excludes from the benefit of the 14th clau.^e persons introduced in the manner now contemplated ; especially since the hth section of the Ordinance (which promises what may fairly be called a bounty on Chinese) has been repealed by an Ordinance very recently passed (No. 2, of 1858, sec. 15).* * yide House of Commons Paper, 10. We would draw particular attention to the repeal of this clause, as the No, 31, of 1859, plans of Mr. Wodehouse's friends may have been formed on the supposition that Pan I., p, 506. it is in force, and would secure to them the payment of 60 dollars on every Chinese immigrant introduced. 1 1 . Mr. Wodehouse proposes that the Legislature of British Guiana should be authorised to pass a law enacting that Chinese introduced by private parties should be considered as " immigrants " within the meaning of the Ordinance, No. 7} of 1854. He adds, however, the proposal that this enactment should be only authorised for a limited time, or in respect to a limited number of emigrants. 12. There are, however, some objections to this summary mode of proceeding. In the first place, it is to be observed, that the effect of such an enactment would be not only to authorise a purely male immigration, which has always been considered in the highest degree objectional)le, but wholly to relieve the emigration from all Government control, except what is secured by the Chinese Passenger Act, which Act of course would not apply to any emigration of Chinese which might take place from Australia. 1 3. Next, we would observe, that nothing is more apt to produce unexpected technical difficulties than the alteration without due sanction of an interpreta- tion clause. In the present case, for instance, the effect of the 21st clause of the Ordinance on the proposed emigration would be doubtful or inconvenient. And, lastly, it is worth while pointing out, en the present occasion, that the existing law recpecting the duration of contracts with Chinese emigrants are confused and misleading, suggesting the idea that such contracts may be made for five years (section 14), while really they can only bind the immigrant to 525. A 3 serve 4 PAPERS RELATIVE TO EMIGRATION FROM CHINA TO serve a given individual for three years, and leave him at liberty to transfer his services to another employer after that period (sections 16-19). 14. We think, therefore, that if the existing law is to be modified, it would be best to provide separately and specifically for the proposed immigration by enabling the Governor to license certain persons to introduce a given number of Chinese immigrants under contract to serve for five years on the estates of their importers, with the same right to abandon service or change their employer at the expiration of three or four years, which is possessed by the Indian immigrants, subject, however, to the condition of paying themselves, or procuring an employer who should pay for them, for each year which is thus redeemed, a sum equal to one-fourth of the estimated cost of their introduction; of course any bounty which the importer might have received from Government should be deducted from that cost. 15. The contracts should be invalid unless attested, if made in China by the emigration officer, if made out of China by some officer or person indicated by Her Majesty's Government for the purpose, and should be in an approved form, securing to the immigrant, inter alia, medical attendance, and the current wages of the colony. 16. They should be submitted to the immigration agent on the immigrants arrival ; should be registered and countersigned, and, if not according to law, cancelled by him, and should be of no effect as against the immigrant till so registered and countersigned. 17. The licence should prescribe certain conditions, and particularly that a certain number of women should be placed on board ; and the licencee should enter into a bond obliging him to the due performance of these conditions, atid to carry on the emigration according to law. 18. If Mr. Wodehouse were to consider that an Ordinance framed on these principles would effect its purpose, it might, perhaps, be possible to settle its details with him before he leaves the country. We have, &c. (signed) T. JV. C. Murdoch. Frederic Rogers. — No. 4. — No. 4. (^°-^5) Stfnle^^MP^to*^ Copy of DESPATCH from the Right Honourable Lord Stanley, m. p. to Goverm.r^'wode- Governor Wodehouse. ^°Ta ril i8 8 ^^^' Downing-street, 1 April 1858. P 5 • With reference to the communication which took place with you immedi- ately before your departure, I have duly considered the wish which you brought under my notice of some gentlemen connected with Guiana, to try for them- selves the practicability of procuring suitable Chinese immigrants, to be intro- duced into the Colony at their own expense. There is, nothing, it appears, in the present state of the law to prevent any private persons from procuring Chinese i;nmigrants> and conveying them to the Colony at their own cost, provided that they duly fulfil the requirements of the " i8 & 19 Vict. ^^^ "^f Parliament, styled the Chinese Passengers Act,* by which ample security c. 104. is provided for the safety, health, and comfort of the emigrants during their voyage. But of course no persons would wish to go to this expense unless the labourers are under valid engagements to work for them for a certain period after arrival, nor, as is generally believed, will Chinamen themselves emigrate unless employment is secured to them by some such engagements. Now the difficulty which arises is, that whilst the body of law regulating in Guiana the mutual rights and obligations of employers and immigrants, is comprised in the Ordinance No. 7 of 1854, the 62d or Interpretation Clause of that Ordinance restricts the term ''immigrants" to persons introduced at the public expense. The immigration of Chinese into the West Indies is already authorised both by Imperial and Colonial law ; the enactments by which that immigration is regu- lated, so far as the voyage is concerned, will remain unchanged ; no alteration is THE COLONIES OF BRITISH GUIANA AND TRINIDAD. t :> is sought in the nature of the contracts which have already been allowed in the West India Colonies ; all which the promoters of the scheme ask is, that they may not, by importing labourers at their own expense, be excluded from the operation of those rules which have so long and so repeatedly been sanctioned as fit to govern the relations between immigrants and their employers. I think that I cannot err in assenting to so reasonable a refjuest. Where there is no well-founded objection on the ground of security to the immigrant, I am glad to be abl6 to offer to the producers in the West Indies every fair opportunity of endeavouring for themselves to supply the general want of labour. I do not attach to the concession now offered any positive stipulation as to the number of females to be included among the proposed immigrants, because the measure is an experiment which could not be tried if the persons who are to enter into expensive contracts for the engagement of shipping were subjected to a restriction which, under the peculiar circumstances of the case, might operate as a complete prohibition of their undertaking, and thus cause them to forfeit their whole outlay. I have taken this course in the firm belief tliat the importers themselves, whose success in this particular will be conducive both to their own advantage and to the general interest of the colony, will spare no endeavour to obtain a suitable proportion of females. Considering, however, that no immigration could be allowed to become permanent without this essential condition, and, moreover, that by next year a report on the general question of a supply of labour from China may be expected from Mr. /Austin, who is to be employed on the spot in investigating that subject, I propose to restrict the duration of the measure to one year. It appeared to be the opinion both of yourself and of the Emigration Com- missioners, in examining the question, that, if this project were tried, it would be desirable to bring into one Ordinance all the legal enactments affecting Chinese immigrants. The Emigration Commissioners have, accordingly, pre- pared the enclosed draft of an Ordinance to accomplish that purpose. I send ^^^jj^y it to you, because if the Legislature should think proper to adopt the plan, and ^~~~---~-H£!^ to give it the sanction of their authority, I have thought that it might not be' unacceptable to them to see, in the most definite shape, the proposals which it is wished to submit to them, and to which you will have authority to assent on the part of the Government. I have, &,c. (signed) Stanley. Enclosure in No. 4. End. in No. 4. Dbaft of an Ordinance for the Encouragement of Immigration into British Guiana from China. Whereas it is expedient to malce provision for the introduction into this Colony of Chinese labourers, at the expense wholly or in part of private parties, be it enacted, &c., as follows : 1. The 14th section of the Ordinance No. 7, of 1854, is hereby repealed. 2. Upon the arrival in the colony of any ship having Chinese labourers on board, the Immigration Agent-General shall, with the health officer of the port, forthwith proceed on board of such vessel, and with the assistance of such officer shall ascertain, by personal inspection of the vessel and of the passengers therein, and of the emigration papers fur- nished to the master of the said vessel, in pursuance of the " Chinese Passengers' Act of 1855 " whether the provisions of the said Act have been complied with or not, and shall report to the Governor of the Colony respecting the state of such vessel and the treatment of the passengers therein, and whether there appear to be any grounds for proceeding against the said vessel or the master thereof under the provisions of the said Act, and respectmg all other such matters as the Governor may direct. 3. All written contracts for the performance of any labour or service of agriculture in this Colony which shall be made with any Chinese labourer, male or female, who shall have left China or Hong Kong for this Colony between the passing of this Ordinance and the 1st day of April next ensuing, shall be binding on the parties thereto for the period named therein not exceeding the period of five years, to be computed from the day of the landing of such labourer in British Guiana; provided, that every such contract shall be signed with the names or marks of the contracting parties, or of persons lawfully acting o a their behalt, and shall be attested by the emigration officer at the port of embarkation, who shall declare that 525. - ^ *'^ 6 PAPERS RELATIVE TO EMIGRATION FROM CHINA TO the labourer, party to such contract, signed the same voluntarily and with a due under- standing of its effect : provided also, that every such contract shall conform to the following conditions: namely, 4. (I.) Every such contract shall secure to the labourer making the same the right to receive, in lieu of any fixi;d wages specified therein, the rate of wages which may from time to time be paid to unindentured labourers working on the estate on which he shall be employed. (II. ) Every such contract shall bind the employer to furnish to the labourer, free of charge, suitable lodging, and when sick, suitable and suflScient medicines, medical attendance, and hospital accommodation. (III.) Every such contract may be terminated by the labourer party thereto at the expira- tion of the third year thereof, on payment to the Immigration Agent-General of 50 dollars, or at the expiration of the fourth year thereof on payment of 25 dollars. (IV.) Every such contract may bind the labourer to repay to his employer, at such rate, not exceeding 1 dollar a month, as may be determined by the Governor and Court of Policy, such specified sum, not exceeding 12 dollars, as may have been advanced to him before leaving China. 5. Every such contract shall on the arrival of the labourer be submitted to the Immigra- tion Agent-General, who shall and may make such alterations therein foi: the benefit of the labourer as he shall judge necessary to make the same conformable to the above conditions, and shall thereupon record and countersign the same ; and no such contract or altered con- tract shall be binding on any labourer till so countersigned. 6. Such contracts may be made in the form contained in the annexed Schedule, and at their expiration may be renewed for a period not exceeding three years. 7. Every such contract or renewed contract shall be deemed to be an indenture, and during the currency of the same every Chinese labourer shall be deemed to be an immigrant within the meaning of the following sections of the Ordinance No. 7, of 1854, namely, the 10th and 11th sections ; from the 22d to the 33d, inclusive; from the 35th to the 42d sections, inclusive ; the 44th, 45th, 46th, 47th, 49th, and 50th sections ; from the 57th to the 61st sections inclusive. 8. If it shall be established before any two Justices of the Peace, on complaint preferred by any Chinese labourer, that such labourer is not provided by his employer with suflScient work to enable him to earn a just amount of wages under the terms of any such contract as aforesaid, such Justices shall declare his contract to be cancelled ; and thereupon it shall be lawful for the Governor to cause such labourer to be indentured to some other employer, on the terms as near as may be of the said contract, for a period not exceeding the unexpired period of his term of service. 9. All sums received by the Immigration Agent-General from any Chinese labourer in virtue of the 3d article of the 4th section of this Ordinance, shall be paid over by him to the person who may have defrayed the expense of introducing such labourer, subject never- theless to a rateable deduction in case the Government shall have paid any part of the expense. 10. The words "Governor," "Immigration Agent- General," " written contract," "planta- tion," and " employer," where used in this Ordinance, or in the annexed Schedule, shall bear the meanings assigned to them in the 62d section of the Ordinance No. 7, of 1854. Schedule. Section 6. It is agreed between A. B., Chinese labourer, and C. D., acting on behalf of E. F., proprietor of the plantatIon[s1 X. [and Z.], in the colony of British Guiana, that A. B. shall serve the said E. F., on [one of] the said plantation [s], in the growing or manufac- turing of articles the produce of such plantation, for the term of five years from the day on which A. B. shall land in British Guiana ; provided always, that it shall be lawful for A. B, to terminate the said agreement at the expiration of three years, on payment of the sum of 50 dollars, or at the end of four years, /On payment of the sum of 25 dollars : and it is further agreed that E. F. shall pay to A. B. the same rate of wages as is paid to the labourers not under contract or indenture working at the same plantation, not being less than at the rate of a day (which wages shall be paid on the last day of every week), and that E. F. shall supply A. B., free of cost, with suitable lodging, and with such inedicines and medical attendance and hospital accommodation as A. B. may need when sick. And it is further agreed, that if the said plantation shall come into the possession of any other person than the said E. F., A. B, shall be bound to serve such other person, if required to do so, on the same plantation and on the above terms. And it is further agreed that E. F. may deduct from the wages of A. B,, at the rate of 1 dollar a month, the total sum of [not more than 12] , dollars, which A. B. acknow- ledges himself to have received in advance before leaving China. THE COLONIES OF BRITISH GUIANA' AND TRINIDAD. 7 — No. 5. — (No. 13.) Copt of DESPATCH from the Right Honourable Lord Stanley, m.p. to ^'^^^ Hon. Lord Governor Keate. ^nhy, m p. to Governor Keate. ^^^' Downing-street, 1 April 1858. ' "^P"' ^^^S. 1 A^ ..'S. In consequence of an application from some proprietors connected with the uoiony ot iJritish Guiana, I was led to consider the subject of affording them, as a. temporary measure, some facilities to try the -experiment of procuring immigrants from China for themselves and at their own expense, and I came to j 7-- is the conclusion which you will find embodied in the accompanying copy of a ^^^^^i^.g IJespatch to Governor Wodehouse*. I do not know whether any gentlemen Co^'^^^SS interested m Trinidad may be desirous to try a similar experiment, but I need ^o. J'""* P.- °^ not say that there can be no objection to apply the same principle to one ^^nx'^^i Colony as to the other, and I therefore enclose for your use, in case you should ' think It desirable to propose such a measure, the sketch of an Ordinance, to ^? , 5?" ^^y understand that you are fully authorised to assent on the part of the Government. of 8a ' I have, &c. (signed) Stanley. Enclosure in No. 5. Deapt Oedinance. Wheeeas it is expedient to make provision for the introduction into this Colony of Chinese labotirers at the expense of private parties, be it enacted, &c., as follows : — 1. Upon the arrival in the Colony of any ship having Chinese labourers on board, the Agent- General of Immigrants shall, with the health officer of the port, forthwith proceed on board of such vessel, and with the assistance of such officer shall ascertain, by personal in- spection, of the vessel and of the passengers therein, and of the emigration papers furnished to the master of the said vessel, in pursuance of the " Chinese Passengers' Act of 1855," whether the provisions of the said Act have been complied with or not, and shall report to the Governor of the Colony respecting the state of such vessel and the treatment of the passengers therein, and whether there appear to be any grounds for proceeding against the said vessel, or the master thereof, under the provisions of the said Act, and respecting all other such matters as the Governor may direct. 2. All written contracts for the performance of any labour or service of agriculture in this Colony which shall be made with any Chinese labourer, male or female, who shall have left China or Hong Kong for this Colony between the passing of this Ordinance and the first day of April next ensuing, shall be binding on the parties thereto for the period named therein, not exceeding the period of five years, to be computed from the day of the landing of such labourer in Trinidad ; provided that the same contracts shall be signed with the names or marks of the contracting parties, or of persons lawfully acting on their behalf, and shall be attested by the Emigration officer at the port of embarkation, who shall declare that the said labourer signed the same contract voluntarily, and with a due understanding of its effect; provided also, that every such contract shall conform to the following conditions, namely : (I.) Every such contract shall, secure to the labourer making the same the right to receive, in lieu of any fixed wa^es specified therein, the rate of wages which may from time to time be paid to.unindentured labourers working on the estate on which he shall be employed. (XL) Every such contract shall bindtheemployertofurnishtothelabourer, free of charge, suitable lodging ; and when sick, suitable and sufficient medicine, medical attendance, and hospital accommodation. (III.) Every such contract shall be terminable by the labourer party thereto, at the expira- tion of the third year thereof, on payment to the Immigration Agent-General of 50 dollars, or at the expiration of the fourth year thereof, on payment of 25 dollars. (IV.) Every such contract may bind the labourer to repay to his employer, at such rate, not exceeding one dollar a month, as may be determined by the Governor, any specified sum, not exceeding 12 dollars, as may have been advanced to him before leaving China. 3. Every such contract shall, on the arrival of the labourers, be submitted to the Immi- gration Agent-General, who shall and may make such alterations therein for the benefit of the labourer as he shall judge necessary to make the same conformable to the above condi- tions, and shall thereupon record and countersign the sanie ; and no such contract or altered contract shall be binding on any labourer till so countersigned. Enpl, in No. 5. 525. B 4. Such 8 PAPERS RELATIVE TO EMIGRATION FROM CHINA TO 4. Such contracts may be made in the form contained in the annexed schedule, and at the expiration thereof may be renewed for a period not exceeding three years. 5. Every such contract or renewed contract shall be deemed to be an indenture, and during the currency of the same every Chinese labourer shall be deemed to be an immi- grant ; and service under such indenture or renewed indenture, or the redemption of such service under the second clause of this Ordinance, shall be deemed to be industrial residence within the meaning of the following sections of the Ordinance, No. 24 of 1854, intituled, " An Ordinance to Amend and Consolidate the Laws with regard to Immigration ;" namely, sections 7, 8. 10, II, 12, 13, 14, 15. 23, 24, 25. 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40. 45, 46, 47. 6. If it shall be established before any two Justices of the Peace, on complaint preferred by any Chinese labourer, that such labourer is not provided by his employer with sufficient work to enable him to earn a just amount of wages, under the terms of such contract as aforesaid, such justices shall declare his contract to be cancelled ; and thereupon it shall be lawful for the Grovernor to cause any labourer whose contract shall have been cancelled, under the provisions of this or the above-recited Ordinance, to be indentured to some other employer, on the terms as near as may be of the said contract, for a period not exceeding the unexpired period of his term of service. 7. All sums received by the Immigration Agent from any Chinese labourer, in virtue of the third article of the second section of this Ordinance^ shall be paid over by him to the person who may have defrayed the expense of introducing such labourer. 8. In this Ordinance the word " Governor" shall include the officer administering the Government for the time being, and the phrase " Agent-General of Immigrants,"^ and " employer," shall have the meanings assigned to them In the said Ordinance, No. 24 of 1854. Schedule. (Section .) It is agreed between A. B., Chinese labourer, and CD., acting on behalf of E. F., pro- prietor of the plantatIon[s] X. [and Z.], In the colony of Trinidad, that A. B. shall serve the said E. F. on [one of] the said plaptation[s] in the growing or manufacturing articles the produce of such plantation, for the term of five years from the day on which A. B. shall land in Trinidad : provided always, that It shall be lawful for A. B, to terminate the said agreement at the expiration of three years, on payment of the sum of 50 dollars, or at the end of four years, on payment of the sum of 25 dollars ; and It Is further agreed that E. F. shall pay to A. B. the same rate of wages as is paid to the labourers not under contract or indenture working on the same plantation, not being less than at the rate of a day (which wages shall be paid on the last day of every week), and shall supply A. B., free of cost, with suitable lodging, and with such medicines and medical attendance, and hospital accommodation as A. B. may need when sick. And it Is further agreed, that if the said plantation shall come into the possession of any other person than the said E. F., A. B. shall be bound to serve such other person, if required to do so, on the same plantation and on the above terms. And it Is further agreed that E. F. may deduct from the wages .of A. B., at the rate of one dollar a month, the total sum of [not more than 12] dollars, which A. B. acknow- ledges himself to have received in advance before leaving China. _ No. 6. •— H. Merivale,*esQ., CoPY of a LETTER from H. Merivale, Esq., to Stephen Cave, Esq. to S. Cave, esq. r.. t^ ■ ■ a •-, ,^,^ 3 April 1858. Sir, Uowning-street, 3 April 1858. With reference to the subject on which a deputation lately had an interview with Lord Stanley, and on which, as you are aware, some communications took place with Governor Wodehouse on the eve of his departure, I am directed by his Lordship to acquaint you, for the information of the West India Committee, that his Lordship has resolved to assent, on the part of the Government, to a temporary measure, if the Legislature of Guiana should think proper to adopt it, for facilitating the proceedings of gentlemen connected with that Colony who wish to try the experiment of introducing immigrants from China at their own ^°\ 18^:^ expense. As the best means of putting you fully in possession of Lord Stanley's "^J^^-""^^ views, I am desired by his Lordship to transmit to you the enclosed copy of the jt yide ^°Ya?®^' Despatch which he has addressed on this subject; to the Governor, accompanied Co*'^"^^ iS59' , by the sketch of a law in which, if it should be adopted by the Legislature, the THo.3^' age i'V* Governor will be at full liberty immediately to concur. THE COLONIES OF BRITISH GUIANA AND TRINIDAD. 9 This step has been taken for Guiana, because the application emanated from ■proprietors connected with that colony ; but, adverting to a question which was asked by the deputation which saw Lord Stanley, I am directed to state that there can be no objection to apply the same principle to Trinidad, if any gentle- men connected with that Colony should wish to act uppn it, and that the Go- Tcrnor will receive the necessary authority for assenting to a similar law for this purpose. 1 am, &c. (signed) H. Merivale. * Vide House of Commons Paper, No. 31 of 1859, — No. 7. — No. 7. Copy of a LETTER from H. Merivale, Esq., to E. Hammond, Esq. H, Merivale, esq. to E. Hammond, Sir, Downing-street, 12 April 1858. ^'5; ^p^^ ^g^g. I AM directed to acquaint you, for the information of the Earl of Malmes- bury, that Lord Stanley has authorised the requisite steps to be taken for enabling proprietors connected with British Guiana and Trinidad to endeavour to procure Chinese immigrants for themselves, provided that they duly comply with the requirements of the Act of Parliament styled- the Chinese Passengers' Act, and that the contracts of the immigrants be in strict conformity with the terms of such contracts as have already.long been sanctioned in the West Indies for immigrant labpurers introduced at the public expense. The enclosed copy of a Despatch to the Governor of Guiana* will explain more particularly the nature of the measure, and the reasons for which it has been adopted. - I am at the same time desired to point out that by the fourth clause of the Act of Parhament no Chinese passenger ship can clear out until she shall have ^^ '' ^' ^^'^' received certain documents from some person duly authorised to act as an emigration officer. Hitherto, so far as this Department is informed, no emigration officer has been appointed in China except at Hong Kong itself^ and the consequence is that every British ship carrying Chinese passengers is compelled to put iftto that place in order to obtain a clearance. As some of the gentlemen interested in the subject have pointed out certain practical disad- vantages which arise from being thus confined to a single port of departure, and as there appears no necessity for maintaining further restrictions than are re- quired by law and by existing treaties with China, I am directed by Lord Stanley to request that you will convey to the Earl of Malmesbury his recommendation that the consuls at the five ports appointed for their residence by the treaty of 1843 with China, should be formally named by Lord Malmesbury Emigration officers, in order to confer upon them the character necessary to enable them to furnish the requisite papers to British ships sailing with Chinese passengers, and further that the Consuls may be instructed to give those papers to all British ships duly conforming to the requirements of the Chinese Passengers' 1 am, &c. (signed) H. Merivale. — No. 8. — Copy of a LETTER from H. Merivale, Esq., to the Emigration Commissioners. Gentlemen, « Downing-street, 12 April 1858. I AM directed by Lord Stanley to transmit to you, for your information, the enclosed copies of two Despatches, one addressed to the Governor of British Guiana* and the other to the Governor of Trinidad*, explaiwng the considera- tions which have led Lord Stanley to sanction the necessary measures to enable •Droprietors connected with those Colonies to endeavour to pro'cure Chinese A^ B 2 immigrants. No. 8. H. Merivale, esq,, to the Emigration Commissioners. 12 April 1858. * Vide House of Commons Paper, No. 31 of 1859, ' Part I., pp. 147 and 390- ■page 9- 10 PAPERS RELATIVE TO EMIGRATION FROM CHINA TO immigrants. I am also desired to enclose a copy of a letter to the Foreign Office, recommending that the Consuls at the five ports opened by treaty be named emigration officers, so as to qualify them to clear emigrant ships from those ports, in conformity with the terms of the Act of Parliament styled the Chinese Passengers Act. I am, &c. (signed) H. Merivale. No. 9. F. Hammond, esq., to H. Merivale, esq. 17 April 1858. — No. 9. — Copy of a LETTER from E. Hammond, Esq., to H. Merivale, Esq. Sir, Foreign Office, 17 April 1858. I HAVE laid before the Earl of Malmesbury your letter of the 12th instant, stating that Lord Stanley had authorised the requisite steps to be taken for enabhng proprietors connected with British Guiana and Trinidad to endeavour to procure Chinese immigrants for themselves, provided that they duly comply with the requirements of the Chinese Passenger Act of 1855, and recommending that, with the view of carrying out this intention, Her Majesty's Consuls at the five ports should be appointed agents for emigration. I am to request that you will inform Lord Stanley, in reply, that the Colonial Office was informed, on the 31st of December 1856, with reference to cor- respondence which had passed between the two Departments upon the subject of the Chinese Passenger Act, that Sir John Bowring would be instructed to appoint Her Majesty's Consul at Amoy an agent for einigration ; and I am to add, that Lord Malmesbury will now instruct Sir John Bowring to appoint Her Majesty's Consular officers at the other ports in China, agents for emigration as recommended by Lord Stanley. I am, &c. (signed) JE. Hammond. ' No. 10. Earl of Carnarvon to S. Cave, esq. 21 June 185B. — No. 10. — Copy of a LETTER from the Earl of Carnarvon to Stephen Cave, Esq. Sir, Downing-street, 21 June 1858. I AM directed by Secretary Sir E. B. Lytton to transmit to you, for the information of the West India Committee, a copy of a letter from the Foreign Department, with copies of two Despatches from Mr. Crawford, Her Majesty's Consul at Havana, having reference to the causes of mortaUty amongst Chinese emigrants in their passage from China to Cuba. Sir E. B. Lytton would suggest that it would be desirable that a copy of these papers should be forwarded by the West India Committee tO the private agent who has been appointed for effecting an emigration of Chinese to the West Indies. I have, &c. (signed) Carnarvon. End. in No. 10. Enclosure in No. 10. Sir, Foreign Office, 5 June 1858. With reference to your letter of the 25tli of February last, I am directed by the Earl of Malmesbury to transmit to you herewith, to be laid before the Secretary of State for the Colonial Department, a copy of a Despatch from Mr. Crawford, Her Majesty's Consul General at Havanah, forwarding all the information that he has been able to obtain relative to the mortality on board the Chinese emigrant ship " Gulnare" on her passage from Hong Kong to Havana. I likewise transmit to you a copy of a further Despatch from Mr. Crawford, enclosing a medical report upon the causes of mortality amongst Chinese emigrants on their passage from China to Cuba, and containing remarks respecting rations and provisions. Herman Merivale, Esq., &c. &c. &c. I am, &c. (signed) IVm. Seymour Fitz Gerald. THE COLONIES OF BRITISH GUIANA AND TRINIDAD. ii (No. 26.) Sub-Enclosure in No. 10. My Lord, Havana, 30 April 1858. In acknowledging to your Lordship the receipt of Mr. Fitzgerald's Despatch, No. 8, dated the 19th ultimo, instructing me with reference to the Despatch No. 7, of same date, to report specially whether I took any, and if so, what steps upon the arrival here of the " Gulnare," to inquire into the cause of the great mortality on board that ship previous to her disembarking her passengers, I have the honour of stating to your Lordship, that in the case of the " Gulnare," as well as in every case of British vessels arriving here with emigrants, and previous to my receiving the instruction for that purpose which was conveyed in your Lordship's last ' Despatch, I have endeavoured to investigate the causes of mutiny or mortality which have occurred on board; and with respect to the " Gulnare," it resulted that of 326 Chinese with which that vessel sailed from Hong Kong, 58 died on the passage, and 268 were landed here ; of the deaths, three were suicides by jumping overboard, and 55 were taken off by dysentery, and the other diseases which 'have followed amongst a set of ill-conditioned passengers, which all the Chinese emigrants are described to be; and in addition to all this the " Gulnare" had a long passage of 139 days. "With the greatest respect, To the Right Hon. the Earl of Malmesbury, &c. &c. &c. I have, &c. (signed) Jos. T. Crawford, C. G. (No. 30.) My Lord, Havana, 2 May 1858. I HAVE pai^ great attention for some time past to the mortality which has occurred on board of Chinese emigrant ships; and having met with some very well instructed and intelli- gent professional men amongst the surgeons who have been engaged, and who have arrived here in charge of the crews and passengers, I have availed myself of the politeness of Dr. SomerviUe, who was surgeon of the American ship "Kitty Simpson," and that of Dr. Gwynne, of the British ship " Edwin Fox," and Dr. Pellew, of the British ship " Tasmania;' and I have the honour of enclosing herewith to your Lordship a copy of Dr. Somerville's report of 430 Chinese who embarked on board the " Kitty Simpson." Ninety-two died on the voyage from Swatao to this port, and the report states^that not more than 50 of the' whole number, when received on board, were in a sound or healthy condition. Drs. Gwynne and Pellew have added their concurrence in the report of Dr. Somer- viUe. Their experience of the diseases and condition of these emigrants was precisely similar ; and they have added an observation as to a certain class of Chinese known as " Tartar-men," whose condition is the worst of all. The provisions laid in for these emigrants, excepting the rice, consist chiefly of salt fish and salted vegetables, both the fish and vegetables being most excessively salted ; but not- withstanding which, both these articles of provision very soon became putrid, and by no means wholesome, so that scurvy very soon makes its appearance on board these ships. Moreover, it was the opinion of these medical men, that in the state the Chinese are when received on board, having previously been fed scantily, as most of them lead a life of privations and of precarious subsistence, the passing from almost starvation to a full and unlimited allowance of food very frequently produces dysentery from indigestion, and the patients have no physical stamina to resist the attack. From what is shown in the report, and from the pains I have taken to investigate this important subject, I think that I can safely state to your Lordship, for the information of the Emigration Commissioners, that the mortality upon the voyage from China on board emigrant ships would be in a great measure prevented were the passengers subjected to a medical and surgical survey, and those only who are in a sound and wholesome condition permitted to embark. The state of the salted fish and vegetables also should be looked into, and the allowance of provisions restricted until the medical man in charge allows the issue of full rations to the passengers. The opium smokers to have an allowance of tobacco as a substitute for the more deleterious narcotic. _ , „ 1 have, &c. To the Earl of Malmesbury, (signed) Jos. T. Crawford, C. G. &c. &o. &c. ," Edwin Fox," 309 ; Deaths, 40. " Tasmania," 367 ; Deaths, 108. 525- B3 12 PAPERS RELATIVE TO EMIGRATION FROM CHINA TO Report on the State of Disease on board the Ship "Kitty Simpson," during her recent Voyage from Swatao to Havana. The number of deaths that have occurred among the coolies on board this ship during the voyage just concluded amounts to 92. This very considerable mortality is attributable to the vast amount of disease on board, and the broken-down, debilitated condition of the patients, which rendered them not only prone to disease, but unfitted them for contending with it when attacked. Of the number of coolies, perhaps 50 were in good health, and possessed of a moderate share of constitutional vigour. The remainder were feeble, sickly, emaciated wretches, whom hardship, disease, and hunger had reduced to the lowest ebb of vitality. From the legs and arms of many of them almost all trace of muscular substance had disappeared, and the bones seemed covered only by the dusky shrivelled skin that hung abont them in loose folds, while their sallow complexions, sunken eyes, short coughs, &c. afforded ample evidence of the irreparable mischief their constitutions had sustained. ' The greater part of them were either covered over with spots, caused by recent skin disease, or were actually suffering from it. Several of them were rendered unsightly objects by itch, which covered them with blotches from head to foot. In others, local inflammation had taken place, followed by abscess and extensive foul-looking ulcers. In the eyes of many of theni very palpable traces of ophthalmic disease were visible, and in some vision was con- siderably impaired. Among men so circumstanced it is no wonder that disease was rife, or that it was in many instances fatal. Accordingly, for a considerable time the number of cases averaged 50 a day ; and with the exception of the first and last weeks of the voyage, they never fell below 30, while the deaths averaged nearly one a day. I might be asked, Why take on board a set of men whose physical condition offered so slender a chance of their seeing the end of the voyage ?/ The answer is, that they were the only coolies to be had at the time that were not actually suffering from disease ; and it was hoped that more airy and com- fortable accommodation, a. plentiful diet,' &c., would have the effect of restoring a great portion of .them to their former health and vigour ; and this hope has been partially realised, although not to the extent at first entertained. Kearly all the forms of disease that were prevalent among the coolies may be traced to three sources, viz., intestinal worms," opium, and tubercles. In European practice, the worm (asearis lumhricoides) by which the coolies were afflicted is not considered a formidable animal ; but here the case was different, on account of their size and number. In one subject which I opened after death, the small intestines of the stomach were crammed so full of these parasites, that when a slit was made in any part of the intestine, they gushed out as if pressure had been exerted upon them. The ordinary symptoms to which they gave rise were those of irritable fever and nausea. This was more particularly the case, when the animals had accumulated in the stomach. When under these circumstances vomiting could be induced, so as to empty the stomach of its living contents, the febrile symptoms subsided, and the j)atient was restored to his ordinary health, at least for a time. But unfortunately their ejection could not always be accomplished : when such was the case, symptoms of a more favourable character would be developed, sucli as congestion of the brain, pericarditis, diarrhoea, dysentry, enteritis. The cerebral affection generally yielded to local blood-letting and antiphlogistics. The pericarditis ran a rapid course, and was always fatal. The existence of this disease in conjunction with worms was fully established in one case, by post-mortem examination. Diarrhoea and dysentry were a very common result of the presence of worms in the intestines. The discharge was at first of a mucous character, gradually becoming more liquid, and latterly assuming a dark grumous appearance. In two cases in which worms had occasionally been ejected both by vomiting and stool, entiritis set in with fatal effect. The majority of the cases of disease occurring in the feeble and emaciated were associated with habit of opium smoking. Patients of this class were characterised by the apathy and unconcern they exhibit about their comfort and welfare. They seldom uttered any complaint, but would slink into some hole or corner, no matter how uncomfortable and dirty, provided it secured them from observation. In such situations their condition would sometimes escape detection until they were spectre-like and moribund. AmMig this class death would sometimes occur suddenly and unexpectedly, without any pre\dous apparent illness, and unaccompanied by the faintest indication of pain. They were also prone to diarrhoea and dysentery cf an extremely obstinate and persistent character. The attack commenced with diarrhoea, which eventually passed into dysentery. The diarrhoea stage was entirely painless, nor was there much pain attendant upon the dysentery, except when ulceration or sloughing of the rectum supervened, which was the case in two or three instances. Probably two-thirds of the coolies on board had at some period of their lives been addicted to the use of opium. The injury inflicted upon their constitutions by this vice varied according to circumstances. Some had acquired the habit, but had not indulged it long enough to expe- rience its pernicious effects. Others had not only become slaves to it, but had ruined their health by its indulgence. It evidently lay at the root of alP their, ailments, aggravating them or thwarting the treatment employed for their relief. Abruptly to deprive the inveterate opium smoker of his customary dose was to subject him to diarrhoea, or some other of the maladies of which this ruinous habit is the parent. Consequently it became absolutely necessary to break him off by degrees. In many instances this was satisfactorily accom- plished by the administration of gradually diminishing quantities of opium at gradually extending intervals of time. A few cases of tubercular disease occurred. Consumption in the THE COLONIES OF BRITISH GUIANA AND TRINIDAD. 13 the coolies does not appear to be characterised by any peculiarity of symptom, except that the disease makes rapid progress, and is attended with very little pain. Diarrhcea was a frequent concomitant, as was also worms, but the latter can be viewed only as an accidental complication. With respect to the arrangements on board the ship, it may be said that nothing was left undone that could in any way contribute to the health and comfort of the coolie. The accommodation between decks was ample, well ventilated, and kept scrupulously clean. 'The provisions were of good quality and abundant in quantity, and every indulgence that was harmless and consistent with order and discipline was permitted. The only drawback experienced was the want of an hospital. In all ships carrying a multitude of passengers, where the occurrence of disease is probable, an hospital is a great desideratum, as thereby a more regular and efficient attendance upon the sick is not only insured, but it affords the means of preserving the healthy from the noxious and contaminating influences inseparable from sickness. (signed) Thomas H. Somerville, 18 March 1858. Surgeon, &c., on board the American Ship " Kitty Simpson." Sir, Havana, 30 April 1858. I HAVE read over Dr. Som^rville's report with regard to his experience of the diseases of the Chinese colonists under his charge wn board the American ship "Kitty Simpson," Captain Brown, on the voyage from China to this port, and I have conversed with him upon that subject since our arrival here. And I concur with him in that report, as being generally a faithful relation of the diseases that afflicted the Chinese colonists who were under my charge on board the British ship the " Edwin Fox," Captain Ferguson, recently arrived from China in this harbour. But I should wish to remark that, iE-conditioned as all the Chinese were who came on board the " Edwin Fox," there were amongst them a great number who were known as " Tartar-men ;" people who came from the interior, a distance of some hundreds of miles above Canton ; and those were found to be so feeble in constitution and so predisposed to morbid diseases such as Dr. Somerville describes, that they were hardly ou board till they fell sick, and almost aU of them died ; the utmost attention and the most judicious treat- ment which was applied for their relief being found insufficient to arrest the rapid progress of their attacks of dysentery, ophthalmia, and, worst of all, sloughing ulcers, which no treat- ment could reach. I am, &c (signed) Thomas^ Gwynne, M. E. c. s., London, 'Lately Surgeon " Edwin Fox." Joseph T. Crawford, Esq. Her Majesty's Consul General in Cuba, Havana. I entirely concur in the foregoing statement and opinions of Drs. Somerville and, Gwynne. (signed) E. B. Pellew, M. R. c. s., England, Havana, 30 AprH 1858. Late Surgeon of the " Tasmania." Upwards of 60. — No. II. Copy of a LETTER from Stephen Cave, Esq., to the Earl of Carnarvon. West India Committee Rooms, Walbrook, House, My Lord, ' 23 June 1858. I HAVE the honour to acknowledge the receipt of your Lordship's letter of yesterday, accompanying the copy of a letter from the Foreign Office, with copies of 'Despatches from Mr. Crawford, which shall, in accordance with the suggestion of the Secretary of State, he transmitted by the next mail to the agent for the West Indies, now on his way to China. I take this opportunity of asking your Lordship's permission to wait upon you some day in the latter part of next week for the purpose of communicating the private instructions* given to our agent, and of showing to your Lordship that no pains have been spared by the parties I have the honour to represent page U. to make emigration from China to the British West Indies present the most striking contrast to that carried on to Cuba. I have, &c. (signed) Stephen Cawe, Chairman. No. 11. S. Gave, esq., to the Earl of Car- narvon. 33 June 1858. * Viie Appendix, 5^5- B4 14 PAPERS RELATIVE TO EMIGRATION FROM CHINA TO APPENDIX. No. 1. A. Macgregor, esq., to Thomas Gerard, esq. 3 June 1 858. INSTEUCTIONS from the West India Committee to their Agent in China ; dated 3 June 1858. West India Committee Rooms, Walbrook House, 37 Walbrook, Sir, _ 3 June 1858. In accordance with the agreement by which you have undertaken to act as our agent in China, we request you will proceed forthwith to that country to accomplish the objects of your appointment. You are aware that the gentlemen who are associated for the purpose of promoting emigration from China to British Guiana, and whom we represent as a committee, have been compelled to invite labourers from the remote countries of the East, owing to the general abandonment of regular estates work by the native pieasantry of these colonies, and the consequent impossibility of sustaining the full cultivation of their estates without the introduction of foreign labourers. The expense of their passage under the regulations necessarily imposed by Parliament being very considerable, no emigrants should be allowed to embark who are not able- bodied agricultural laboiu-ers, and special care must be taken to exclude all who are addicted to opium ; and although an immediate supply of labourers is urgently wanted, we look beyond this to a gradual permanent colonisation. With this view the members of the association are, without exception, anxious to receive an equal number of both sexes. This may not at first be practicable, indeed we have been discouraged by persons acquainted with China, from expecting that you will be able to engage even a much smaller proportion of women. Nevertheless, we trust you will use every exertion to secure as many as possible. We apprehend the Chinese people, seemg British ships cleared by our Consuls with emigrants bound to Cuba, will, hardly understand the great difference betweefn their desti- nation and the comfortable settlements which are secured to them in our Colonies ; and you will, doubtless, encounter obstacles raised by the natural prejudices of our own function- aries, as well as the designs of those interested in the Coolie Slave Trade to Cuba ; but we trust you will succeed in showing that we are in fact the only parties who are willing to pay for the passage of Chinese families to a country where their freedom will be assured, and their labour justly requited. The iniquities which have been practised in the conveyance of Chinese to slave countries have caused Her Majesty's Government to express ari anxiety, which, we have always felt, that every means may be employed to impart to our operations a distinct and superior character, and to preclude the remotest possibility of any abuse. It has been suggested to us that it would be advisable that you should call at Singa- pore. If you find that you can obtain any suitable labourers there you will make the requisite arrangements for them, in the same manner as you would do for sending emigrants from China; but we consider that the latter country will be the scene of your chief operations. You are fully authorised to engage such shipping as you require, as well as to effect the charter-parties for the due engagement of the same, and we must most seriously impress upon your mind the necessity of inquiring into the character of captains and officers, and to prefer those who may be well acquainted with the Chinese people. We presume you will be able to purchase provisions and clothing, as required by the Schedule of the Act, on the best terms in India, Australia, or Singapore, or wherever you may chance to charter the vessels, or these may have provisions and other stores to. a certain extent on board, which it may be for our interest that you should take over ; but we are prepared, if necessary, to send out to you the requisite supplies from this country, and we request you therefore to give us the earliest information on this subject. We need hardly remind you that every package (of provisions especially) should be opened, and the contents carefully examined. The water should be of the best quality, and put into new or burnt out casks, for the most serious evils are occasioned from the drinking of impure water. , , You will consign the people for either British Guiana or Trinidad to his Excellency the Governor, and direct the captains of the vessels to account for, and to hand over to the same functionary or to his order, all the extra stores given into their charge. We shall open immediately the)requisite credit with Messrs. Dent & Co., of Hong Kong, of which you wiE be apprised by the first mail via, Marseilles. We hand to you herewith a statement of the wages earned by Indian coolies and others, in various descriptions of work upon estates in British Guiana, from which you will observe that THE COLONIES OF BRITISH GUIANA AND TRINIDAD. 15 that if the labourer is industrious and competent, he is able to earn from six dollars to 12 dollars a month, or equal to an average of nine dollars each, in addition to which he has a house, if married or with a family, or he is provided with a lodging if single. They all find themselves in food and clothing, but they have the privilege of a small plot of land for garden-ground, besides medical attendance, medicines, and maintenance in hospital on the estate, m case of sickness ; there is also a school and church on many estates, or in the neighbourhood, which they can attend. From this statement you will be able to form an opinion of the terms upon which the labourers will be treated; but as it appears that the Chinaman expects a guaranteed rate of wages, we consider you will be warranted in guaranteeing to them, and contracting with them, for a minimum rate of five dollars a month for an able-bodied man, and proportionate rates for women and children. These are minimum rates ; and you wUl, of course, explain to the emigrants that it will be in their power to earn considerably more. We understand that it is customary in China to make an advance of wages to the emigrants, which you are authorised to do, to the extent of two months' wages ; and we request you to insert in the contracts, that we are at hberty to deduct the advance out of their future earnings. The details of the outfit of the emigrants, requisite for the voyage to the West Indies, as to clothing, provisions, and other necessaries, are enumerated in the Schedule to the Act ; but anything extra which in your judgment you consider it advisable to supply, you are at liberty to do. In conapHaiice with your suggestion, we have made a shipment of beef, pork, medicines, and surgical instruments, by the " ScarofeU," for Hong Kong. We now enclose invoice and bill of lading for the same. ^ We have no objection to a small proportion, equal to 10 per cent, of each, of boys and girls respectively, to men and women ; boys to be under 15, and girls under 13. You are at liberty to proceed to any part of China, wherever you consider that suitable emigrants may be procured ; and you are not restricted to one locality ; but owing to the reports which have lately reached us, of some irregularities at Swatow, we would inculcate increased caution in any dealings you may have there. You will bear in mind that the Government have declined, for the present, to allow a vessel to be cleared out at any other than the five ports at which we have Consuls, or to send a Consular agent elsewhere for the purpose, so that you will have to use your best discretion. We hand to you herewith, copies of your agreement with the association, and of their arrangement among themselves; also two copies of the Chinese Passengers Act, 18 & 19 Vict., c. 104 ; and in reference to the sections 2 and 3 of this Act, we have been informed by Lord Stanley, the Secretary of State for the Colonies, that the Earl of Malmesbury, the Secretary of State for Foreign Affairs, has appointed th^ several consuls at the five treaty ports, to act as agents for emigration to the British Colonies. We have likewise the pleasure to hand you a despatch addressed by the Earl of Malmes- bury to Sir John' Bowring, Her Majesty's Plenipotentiary in China, which Lord Stanley transmitted to us, with the information that the Earl of Malmesbury therein desires Sir John Bowring to give you, as our agent, letters of introduction to Her Majesty's Consuls at the China ports from which emigration to British Guiana and Trinidad is to be permitted. In order to furnish you with copies of documents, we hand you the Colonial Land and Emigration Commissioners' Reports for the years 1853 and 1855. At page 162 of the Appendix to the first you wiU find a form of contract suggested by the Commissioners, and at page 171 of the Appendix to the second you will find a copy of the British Guiana Immigration Ordinance, No. 7, 1854, being the existing law. To apprise you of the amendments now being made, we give you copy of a letter from Lord Stanley to Mr. Cave, the Chairman of this Committee, together with copies of the despatch addressed to the Governors of Guiana and Trinidad, and of the Draft Ordinance therein mentioned. Herewith you will receive letters of introduction from Messrs. Scholfield, Bolton, & Co., of Liverpool, to Messrs. Syme & Co., and from W. Buchanan, esq., m. p. for Glasgow, to Messrs. Hamilton, Gray, & Co., of Singapore. We beg, in conclusion, to remind you how desirable and even necessary it is, in order to prevent misunderstanding, that, in employing agents to collect intending emigrants, or to procure ships, or indeed to render any kind of service for which a charge is to be made, you should invariably pass written memoranda, and define beforehand the remuneration you are to pay. In chartering ships you will, of course, endeavour to obtain very ample time for loading, and reduce the forfeiture, in case of unexpected disappointment, as much as possible. -, . ^ i i li- ^ i You wiU have the goodness to correspond with me on behalt or the association. I am, &c. (for the Committee), Thomas Gerard, Esq. (signed) A. Macgregor. 525- ^ i6 PAPERS RELATIVE TO EMIGRATION FROM CHINA TO No. 2. Memorandum of Agreement between the undersigned for carrying out an Agreement of this date with Mr. Gerard. Permission having been granted to proprietors in British Guiana and Trinidad to introduce into those Colonies Chinese immigrants at their own expense, according to the general provisions of the Act 18 & 19 Vict. c. 104, styled the "Chinese Passengers' Act," and the British Guiana Ordinance, No. 7 of 1854, and specially under an Ordinance, the draft of which has been prepared by the Emigration Commissioners, and transmitted to the Legislatures of British Guiana and Trinidad for their consideration. It has been arranged among the undersigned, for the purpose of carrying out the proposed emigration, that Mr. Thomas Gerard be engaged to proceed to China, according to the terms of an agreement of this date, made with him by them. And it is hereby further agreed among the undersigned, that the numbers against their respective names are the numbers for which, or for any less number, they agtee to pay proportionably the expenses to be incurred. That a deposit of 2 1, per head of immigrants ordered be paid forthwith to the credit of an account, to be called the account of the Chinese Immigration Fund, to be opened with Messrs. Prescott & Co., in the name of the committee hereinafter mentioned, for immediate expenses. That for further expenses, rateable contributions shall be made by the undersigned from time to time, as required by the committee, towards the due payment of bills to be drawn by Mr. Gerard from China. That on the arrival of the immigrants in the Colony, an allotment shall be made by the Governor, or by an agent appointed for the purpose, to the undersigned or their agents, who shall be bound without further notice to provide for the reception of the immigrants so allotted, conformably with the provisions of the Immigration Ordinances, and shall pay 201. per head for the immigrants, out of which the Governor or agent abovementioned shall pay the passage-money in respect of such immigrants, and remit the balance to the committee, to be applied towards the repayment of sums disbursed by them. That at the termination of the season, or at such earlier period as may be deemed expedient, a general account shall be taken of the expenses (exclusive of Mr, Gerard's salary), which shall be apportioned equally among Ijhe undersigned, according to the number of immigrants received by them, the intention being that, with the exception of Mr. Gerard's salary, which shall be borne by the undersigned in proportion to the number of immigrants ordered, all other expenses shall be equally divided according to the numbers received. That the following gentlemen be a committee for the purpose of carrying out the pro-" visions of this agreement : — Stephen Cave, Esq. H. E. Crura Ewing, Esq., m.f, John Torrance, Esq. Thomas Naghten, Esq- Thomas D, Hill, Esq. J. A. Tinne, Esq, G, Bookcf, Esq, Three to be a quorum- We concur in the foregoing arrangement, and undertake to execute the stamped agree- ment, when prepared. Charles M'Garel, Esq., M. J. Higgins, Esq., and Thomas Daniel §• Co., for Cavan, Brothers Sf Co., for Bosanquet Naghten (for Colonel Stopford Blair, others) G. Booker --__-__- Henry R. Sandbach, William R. Sandbaeh, §■ John A. Tinne (per John A. Tinne) - - - - - Thomas Miters (on account of Henry Riters) Thomas Riters (per self) ------ John Moss (per John A. Tinne and George Booker) - Matthew Hutt §• George H. Loxdale - - - - Frank Skand (per John A. Tinne and George Booker) Mungo Campbell, Jun. (for Enterprise and Aurora) - James Ewing §• Co. (for themselves and John Ross) - Jonathan Hopkimon ______ C. Davison Kerr - - . _ _ , Gavin Fullarton - - ^ . -, , - Evan Baillie, Sons Sf Co. ------, Evan Baillie (for J. E. Baillie) . . _ _ Sir James W. Colvile (per Eden Colvile) - - - Gregor Turnbull (Trinidad) -, - - - - 200 200 350 100 200 150 50 100 200 150 80 200 150 60 50 200 100 50 100 Half to be women, if procurable. One-fourth to be if pro- women, curable. Edmund THE COLONIES OF BRITISH GUIANA AND TRINIDAD. 17 Edmund Henery - - - _ _ William Ross ------ Robertson Gladstone (for Sir T. Gladstone, Captain Gladstone, r. n., and self) Henckell, Du Buisson §■ Co. - - - John Stewart (per Robert Gardner) - Bart, 50 60 50 40 100 Half to be women, if procurable. No. 3. Memorandum of Agreement between the undersigned Parties interested in the British West India Colonies and Mr. Thomas Gerard. It is hereby agreed that the said Thomas Gerard shall proceed to China for the purpose of procuring immigrants for the British West India Colonies, on account of the under- signed, not exceeding the numbers against their respective names. That the expense of procuring and landing such immigrants shall not exceed 25 I. per &ead. That Thomas Gerard shall receive for his services, 1,500 I. per annum, to commence on his departure from England, and to include clerk's assistance and all personal expenses, which amount the undersigned agree to pay, together with any charges he may incur in travelling from place to place in China. The agreement to be in force for two years, terminable at tlie end of the first year, at the option of either party. We concur in the foregoing arrangement, and undertake to execute the stamped agree- ment when prepared. Thomas Daniel §• Co. for ----- Cavan, Brothers §' Lo. for _ - _ . - Boganquet Naghten (for Charles M'Garel, Esq., Colonel Stopford Blair, M. J. Higgins, Esq., and others) _------- G. Booker -------- Henry R. Sandbach, William R. Sandbach, §• John A. Tinne (per John A. Tinne) - - - - - Thomas Riters (on account of Henry Biters) Thxrmas Riters (for self) - - - - John Moss (per John A. Tinne and Ge6rge Booker) - Matthew Hutt Sf George H. Loxdale - - - - Frank Shand (per John A. Tinne and George Booker) Mungo Campbell, Jun. (for Enterprise and Aurora) - James Ewing §• Co. (for themselves and John Ross) - Jonathan Hopkinson ._-_-- C. Davison Kerr - - -' - Gavin Fullartnn - _ - - - - Evan Baillie, Sons, §• Co. - - . - Evan Baillie (for J. E. Baillie) Sir James TV. Colvile (per E. Colvile) - - - Gregor Turnbull {TrhMsA) - - - - - Edmund Henery __----- William Ross -------- Robertson Gladstone (for Sir T. Gladstone, Bart., Captain Gladstone, R.N., and self) - - - Henckell, Du Buisson §• Co. - - - - - John Stewart (per Robert Gardner) - - - - 2001 200 350 100 200 150 50 100 200- 150 80 200 150 60 50 200 100 50^ 100 Half to be women, if procurable. One-fourth to be women if pro- curable. Half to be women, if procurable. 525. to I- CO 3 ^ *^ ^ n BB (^ C s o «*• n m 00 3 en 3 OS S a VI e ^ « ►8 I 1^ ::i- i; I o, o o 3 2.? 68 M O 4- HONG KONG. RETURN to an Addreas of the Honourable The House of Commons, dated 14 July 1858 ;-^r, " COPIES or Extracts of Correspondence between the Colonial Department and the Governor of Hong Kong, and between the Colonial Department and the Foreign Office, on the subject of Emigration from Hong Kong, and from the Chinese Empire to the British West Indies, and to Foreign Countries, and their Possessions, since the 1st day of January 1853." ^"ITH ?*ff'rfl I CARNARVON. 21st July 1358.J Part I. {Mr. Hamilton.) Ordered, hy The House of Commons, to he Printed, 27 Jult/ 1858. I 481. ( in ) SCHEDULE. Part I. Correspondence betwe^ the Colonial Department and the Governor of Hong Kong. No. in Seiies. 1853: May 17 Sept. 9 Sept. 9 - 1854: Jan. 6 April 21 6 j May 4 - From Whom. Acting-Governor Jervois. (No. 35.) The Duke of New- castle. (No. 26.) The Duke of New- castle. (No. 25.) Governor Bonham. No. 4.) Governor Sir John Bowring. (Extract.) Lieut.-Governor Caine. (No. 11.) Aug. 29 - Eight Hon. Sir G. Grey. (No. 22.) SUBJECT. Report of circumstances connected with the mortality amongst Chinese passengers per " Emigrant,"* bound from Whampoa to Demerara ...... Frauds of the Chinese agents - - - - The intended voyage of the " Emigi-ant " aban- doned, and the Coolies sent back to their homes In reply ; forwards copy of Report from the Emigration Commissioners, dated 19th August 1853, upon the above case, containing sugges- tions on the general conduct of Chinese emi- gration, and on the question of space to be allotted to emigrants under the Passengers' Act Enclosing Imperial Act, 16 & 17 Vict., cap. 84, empowering the issue of a proclamation for allowing 12 feet instead of 15 feet of space in vessels carrying emigrants from Asia, &c. Copy of proclamation, 28th December 1853, • issued in conformity with the above Act Length of voyage from Hong Kong to various places declared ..... Facilities for evasion of Passengers' Act by mas- ters sailing their vessels from Chinese ports - No immediate prospect of procuring emigrants for the West Indies ..... Departure of the West India emigration agent (Mr. White) for England .... Considerable voluntary emigration from China, especially towards California and Australia - Necessity for strict control. Proposes appoint- ment of the chief magistrate as emigration agent ........ Proceedings in the case of the Peruvian emigrant ship '' Libertad." Excess of numbers embarked Steps for enforcing Passengers' Act in ships pro- ceeding from ports of Hong Kong. Statement relative to the magnitude of the Chinese emi- gration and the great abuses prevailing. Great demand for shipping. Purchase of unseaworthy vessels. Desertion of emigrants. Wrecks. Loss of life, &c. - - - - _ - Appointment of the chief police magistrate to act as emigration agent . . . - Operation of the proclamation of December 1853, respecting space for emigrants - Description of the process of collecting passen- gers for the Catifornian ships. Proceedings of the ship brokers, &c. - - . - In reply to the above ; and approving the ap- pointDient of the emigration agent Page, 6 6 6 6 8 e 8 8 10 * iVW«..-The previous correspondence reUtl^e »» Chin«K emigratioa ta the West ladies, will be found in the House of 481. ^ =^ IV SCHEDULE. No. in Series. Date. From Whom. SUBJECT. Page. 1854: March 16 The Duke of New- castle. (No. 11.) Transmitting a communication from the Emi- gration Commissioners, 25th February 1854, with correspondence with Mr. White,* the West India agent, on the subject of Chinese emigration to the West Indies . . . Want of shipping for West India emigration. High rate of freights. Vessels to be taken up atNamoa ---.-.. Junes 10 11 12 13 14 1855: March 14 June 5 Sept. 12 Nov. 23 Oct. 6 Lieut.- Governor Caine. (No. 23.) Lieut.-Governor Caine. (No. 39.) Lord John Russell. (No. 11.) Instructions for providing an emigrant dep6t - Measures for procuring female.emigrants for a money present ----.. Want of European surgeons and employment of native doctors •-.... Emigrant dep6t at Macao. Proceedings of Mr. Jorge in reference to immigrants despatched to Cuba --..... General observations on existing emigration to California, Peru, and Australia - - . Acknowledging the preceding Despatch, and stating views with reference to its principal topics ; establishment of depot ; presents to be made for female emigrants ; operation of the Passengers' Act ; services of newly appointed emigration a^ent in obtaining emigrants for the West Indies, &c. Proclamation and notification, 28th February and 9th March 1855, relative to accommoda- tion and dietary for Chinese emigrants - The above proclamation to be recalled for the reasons stated. Intention to introduce a Bill to the Imperial Parliament designed expressly for the regulation of Chinese emi- gration Governor Sir John Amended proclamation, 20th August 1855 Bowrine. (No. Tse.) Right Hon. Labouchere. (No. 3.) H. 15 16 Dec. 8. - 1856: Jan. 22 Governor Sir John Bowring. (No. 147.) Right Hon. Labouchere. (No. 11.) H. Right Hon. Labouchere. (No. 27.) H. Conveying approval of same Return of vessels cleared outwards with Chinese passengers from 1st November 1854 to 30th September 1855 ----.. During that period emigration to the West Indies had ceased - - . . . Emigration from China generally carried on froni places removed from consular control, in foreign shipping, and directed by agents, not British subjects - ' - Transmitting Imperial Act, 18 & 19 Vict., cap. 104, for the future regulation of Chinese pas- senger ships, with general instructions on* the various points to be observed in carrying out its provisions ---... Duties of the emigration officer defined - The proposed appointment of emigration ofiicers at other ports in China adverted*to For the present no emigration oflElcer will be appointed elsewhere than at Hong Kong British passenger ships to repair, in the first instance, to Hong Kong to obtain clearance papers - - - - 10 11 10 11 11 ^2 12 16 18 19 20 20 21 21 21 24 24 25 * Note. — The previous correspoadence respecting Mr. White's mission as emigration agent for the West ladies is contained in the Papers presented to Parliament by Her Majesty's Command, in 1853 and 1855 " Emigration from China." SCHEDULE. No. in Series. Date. 16 1856: Jan. 32 17 18 March 7 Feb. 5 - From 'Whom. llifitht Hon. H. Labouchere. (No. 27.) 19 20 May 7 - April 1 1 - 21 22 23 Julys - July 8 Aug. 11 Right Hon. Labouchere. (No. 36.) H. Governor Sir John Bowring. (No. 20.) Governor Sir John Bowring. (No. 78.) Governor Sir John Bowring. (No. 59.) Governor Sir John Bowring. (No. 109.) Governor Sir John Bowring. (No. 113.) Earl of Clarendon. (No. 95.) 24 July 26 - Nov. 20 ■ 26 27 Sept. 25 Nov. 14 Governor Sir John Bowring. [Extract.] (No. 121.) Right Hon. Labouchere. (No. 132.) Right Hon. Labouchere. (No. 111.) H. H. Right Hon. Labouchere. (No. 130.) H. SUBJECT. 481. Transmitting copies of various notifications issued under the Chinese Passengers' Act, as required, for the information of H. M.'s Consuls abroad ----.. Reporting the first instances of infraction of the Imperial Chinese Passengers' Act, in the cases of the ships " Levani " and " General Blanco," both sailing under the Hawaian flag Correspondence with the Admiral on the station on a question raised as to the right of seizure of the " General Blanco " on the high seas - Adjudication by the Vice-Admiralty Court of the case of the ship " Levant." Fine of 100^. and costs - - - - In continuation of above despatch, reports final settlement of the case of the "Levant," the master having endeavoured unsuccessfully to obtain remission of the decree condemning him in costs ...... In reply to Sir John Bowring's despatch, No. 95, of the 11th August 1856, reporting infraction of the Chinese Passengers' Act by the ships " Levant" and " General Blanco," and referring to the view taken by the Admiral on the station as to the extent of interference by the naval authorities in en- forcing the Act in the case of vessels not British Observations on the subject of Coolie emigra- tion at the public expense from China to the British colonies In reply to the foregoing, states that unless means can be devised for securing a due proportion of female emigrants, it is not con- templated to set on foot an emigration of Chinese to the British colonies at the public expense ------- Application of the Chinese Passengers' Act to voyages between China and the Phillipines - Copy of Report of Emigration Commissioners (15 Sept. 1856) enclosed. Calling for a report on the subject of the mor- tality amongst the Chinese passengers on board the " Duke of Portland," and " John Calvin,"' on the voyage fi-om Hong Kong to Havana " Letters from Sir E. Buxton and reports from the Emigration Commissioners on the subject, dated 30 October and 6 November a. 3 Page. General duties of the emigration agent in respect of sm-vey of ships, &c Nothing to be done, however, which would throw unnecessary obstacles in the way of legitimate trade --.--. British Consuls abroad to be furnished with copies of all regulations issued in pursuance of the Chinese Passengera' Act - - - 26 Aoknowjedging receipt of the Imperial Act, 18 & 19 Vict., cap. 184, for the regulation of Chinese passenger ships, and enclosing copies of Government proclamation and noti- fication issued in accordance therewith Requirement for European surgeons for emi- grant ships ---... 26 28 30 31 38 38 39 40 41 41 42 44 VI SCHEDULE. No. in Series. 28 Date. 1867; Jan. 7 •29 March 14 From Whom. R%M Hon. H. Labouchere. (No. 4.) 30 31 32 33 March 7 June 29 ■ June 18 - April 6 34 April 27 35 36 37 38 39 April 10 Right Hon. H. Labouchere. ^No. 38.) Governor Sir John Bo wring. (No. 4G.) Right Hon. H. Labouchere. (No. 86.) Right Hon. H. Labouchere. (No. 83.) Right Han. H. Labouchere. (No. 41.) SUBJECT. Right Hon. Labouchere. (No. 52.) H. Governor Sir John Bovitring. (No. 64.) June 15 - May 20 - July 17 - Aug. 18 - Oct. & - Right Hon. Labouchere. (No. 81.) H. Governor Sir John Bowring. (No. 82.) Governor Sir John Bowring. (No. 112.) Right Hon. H. Labouchere. (No. 101.) Governor Sir John Bowring. (No. 148.) Statement of views on. various important questions raised in recent despatches on the enforcement of the Chinese Passengers' Act. Interference by Her Majesty's cruisers. Application of Act to vessels proceeding to the Phillipine Islands. Clearance of vessels from ijnaiuthorised parts (Skinghae and others) in China, and subsequent transship- ment of emigrants. Reperts of Emigration Commissioners, 31 October, 26 November, and 1 8 December, on the subject Transmitting a correstpendence with the Board of Trade relative to the mortality on board the emigrant ships " John Calvin " and "Duke of Portland" Report from Her Majesty's consul at Havana, exonerating from blame the master and par- ties conneeted with the ship. Report called for on the comipatation of space for the passengers, and the number those ships could legally carry. Forwardiiag communications from the agents and charterers of the " John Calvin " and " Dttke of Portland," relative to tlie mortality on board those ships - - . - In reply to the preceding despatch, and com- municating such remarks as the cases of these vessels appear to require Nature of the instructions to be given to the emigration officer relative to the computation of space on the lower decks for passengers in Chinese emigrant ships - - Governor Bonham required to report on state- mei|||^ relative to the discrepancy in the clearance certificate of the " John. Calvin" - The master of the "John Calvin" to be com- municated with in any inquiry instituted at Hong Kong ...... Reporting tlie piratical attempt of certain Chi'nese emigrants to take possession of the British ship " Gulnare." The trial of the ringleaders, and execution of one of them Acknowledging Sir John Bowling's despftteh. No. 64, on the case of the " Gulnare " - Farther report on the cases of the " John Calvin " and '' Duke of Portland," in refer- ence to the questioBSi whether the passengers embarked were duly inspected, and the correctness of their agreements ascertained. Report of emigration officer thereon, and on the proportion of space allotted to each emigrant ------- Result of inquiries respecting the master of the emigrant ship " John Calvin " - - Liability of the parties eomcCTned in the " John Calvin.'' InstructioiK for putting the bond in suit --.---. Explanation by Superintendent of Police of his conduct with regard to the despatch of " The Duke of Portland " emigrant ship Page. 44 47 57 59 61 61 61 62 63 63 68 68 68 SCHEDULE. Vll No. in Series. Date. i 1858: 41 Jan. 2 - 1857 . 42 : Nov. 1 1 - 43 44 45 46 47 48 1858: Feb. 16 - 1857: Dec. 2 - 1858: Feb. 25 - March 16 From Whom. March 27 April 12 Right Hon. H. La- bouchere. (No. 1.) Governor Sir John "Bowring. (No. 161.) Right Hon. H. La- bouchere. (No. 10.) Governor Sir John Bowring. (No. 176.) •Right Hon. H. La- bouchere. (No. 20.) Right Hon. Lord Stanley. (No. 7.) SUBJECT. Governor Sir John Bowring. (No. 38.) Governor Sir John Bowring. (No. 48.) In replv ; the foregoing explanation considered satisfactory ...... Transmitting an Ordinance, No. 11, of 1857, " for licensing and regulating Emigration Passage Brokers" ..... Notifying Her Majesty's confirmation of the above Ordinance, No. 11, of 1857 Reporting the proceedings of a British ship, " The Dream," employed in the Havana Chinese coolie trade ..... Case of the " Gulnare." Forwarding report of the Emigration Commissioners, 16th February 1858, and suggesting the institution of certain inquiries .---.-. Correspondence between the Foreign Office and Emigration Commissioners, respecting the great mortality in ships conveying Chinese Emigrants to Cuba ..... Tabular returns and reports of vessels clearing under Passengers' Act, &c., to be furnished in future ---.... Report of proceedings to enforce payment of the bond in ^e case of the " John Calvin." Recommendation of mitigation of penalty - Observations of Mr. Chisholm Anstey on the subject of coolie emigration ... Letter from mercantile firms at Hong Kong, praying for remission of the fine inflicted on the sureties in the case of the ''John Calvin" Page. 70 71 74 74 75 77 78 79 80 84 481. A4 ( 1 ) PART I. Correspondence between the Colonial Department and the Governor of Hongkong. (250.) ( 2 ) HONGKONG. No. 1. No. 1. Copy of DESPATCH from Acting Governor Jervois to his Grace the Duke Newcastle. (No. 35.) Victoria, Hongkong, May 17, 1853. (Received August 5, 1853.) My Lord Duke, (Answered, No. 26, September 9, 1853, page 3.) Nos.* 1 to 4. I HAVE the honour to transmit, for the information of your Grace, the proceedings of a Commission which, with the advice of the Executive Council, I appointed to inquire into the particulars of a serious outbreak of disease, attended with considerable mortality, amongst the Chinese passengers on board the ship " Emigrant," bound from Whampoa to Demerara, and which had put in here for the purpose of completing her crew. 2. In laying the Report of the Commission, as well as the documents con- nected therewith, before your Grace, I beg respectfully to call attention to the precautionary measures proposed by the Commission for ensuring the health and comfort of the Chinese emigrants, as such, I think, ought invariably to be adopted on future occasions. 3. I would beg to submit, that it is absolutely necessary that all shipments of coolies should be attended with governmental supervision, and that an establishment for this purpose should be specially appointed. I am further of opinion that as much care and caution should bfe used in shipping coolies from hence to our colonies as are usually adopted with regard to our own troops, bearing in mind the prejudices of the coolies, to whom the nature and extent of their expected voyage, description of diet, and discipline of the ship, should be especially explained through an efficient interpreter. In the present instance the majority of the coolies were apparentlj"^ in a state of utter ignorance on these points, and were grossly imposed upon by the brokers (their own country- men) in a most fraudulent manner. 4. The proceedings fully show the kind and liberal intentions of the shippers, Messrs. Turner and Co., for contributing to the best of their ability in providing everything they considered necessary for the well-being and comfort of the emigrants; but the great error has been in appointing agents to see measures carried out which require close and minute European super- vision. In fact, such supervision is absolutely necessary for the cause of humanity, for not only would it prove beneficial to the coolies, but would greatly tend to establish that feeling of confidence on the part of the emi- grants towards our people which is so essential in such cases. 5. The Commission have in their able reports embraced everything of im- portance, and therefore any further remarks from me are almost superfluous. I shall therefore conclude by hoping that the labours of this Commission may meet with the approval of your Grace, and their zealous observations tend to the embodying of rules and regulations for the guidance of all shippers of coolies to the colonies, so as to guard against a recurrence of the tragedies which have so very recently occurred on board of several vessels, and which are too fearful to contemplate. 6. Your Grace will perceive that happily the intended voyage, of the " Emi- grant," has been abandoned, and the surviving coolies sent back to their homes by the agents of the vessel, Messrs. Turner and Co. 7. Trusting that the steps taken by me on the important question of the Chinese emigrants will meet with the approbation of your Grace. I have, &c. His Grace the Duke of Newcastle, (Signed) W. JERVOIS. &c. &c. &c. * These documents being extremely voluminous are not printed, but a full statement of their contents will be found embodied in the Emigration Commissioners Keport, dated August 19, 1853, ftud printed at page 8. .( 3 ) No. 2. No. 2. Copy of DESPATCH from his Grace the Duke of Newcastle to Governor Sir George Bonham, (No. 26.) ^^^' Downing Street, September 9, 1853. I HAVE carefully considered your despatch, No. 35,* of the 17th of May * Page 2. last, accompanied by the proceedings of a Commission which you had ap- pointed to inquire into the particulars of an outbreak of disease on board the ship "Emigrant," bound with Chinese passengers from Whampoa to Demerara. Having also called upon the Emigration Commissioners for a Report on this subject, I enclose a copy of their reply, and have to acquaint you that I concur, generally, in the conclusions at which they have arrived. August 19, 1853. With regard, however, to the measures to be taken for encouraging Chinese emigrants to the West Indies to make 'Hongkong their place of departure, and with reference more particularly to the question of, with this view, limiting the allowance of space to 12 feet for each passenger, I shall have occasion to address you in a separate despatch.* * See Page 5. I have, &c. Governor Sir G. Bonham, (Signed) NEWCASTLE. &c. &c. Enclosure in No. 2. End. in No. 2. Colonial Land and Emigration Office, Sir, August 19, 1853. We beg to acknowledge your letter of the 11th instant, enclosing a despatch from the Governor of Hongkong respecting the sickness and mortality which occurred on board the ship " Emigrant," carrying Chinese from Whampoa to Demerara, and the ultimate abandonment by that ship of her voyage. 2. The " Emigrant " was chartered by Messrs. Turner and Co., under directions from Messrs. Hyde, Hodge, and Co., not, as supposed, by the authorities at Hong Kong, under agreement with this Board, but in order to obtain the bounty promised by a colonial proclamation to the importers of Chinese labourers. 3. She left Whainpoa in the afternoon of the 24th of April, with (as far as can be ascertained) 350 coolies on board. At 7 a.m. on the next day the mate was informed that one of the passengers was dead ; and the medical officer found, on examination, that the man had apparently died of fever, and that there were oil board several cases of a remittent type, and some of a typhoid character. Before reaching Hong Kong on the 27th of April the number of cases had increased to 30, and shortly after arrival two moi'e died. An inquiry was immediately instituted ; the sick were taken to hospitals on shore ; and on the 9th of May it would seem that 70 persons had been thus sent to hospital, of whom 63 were fever cases, and six had terminated fatally. Up to the 14th the number of patients was increasing, and the disease becoming more malignant ; and on that day ten new cases were sent to hospital. The coolies were becoming very much discontented and excited, as well (it may be supposed) from this cause as because many of them were deprived of their customary use of opiimi, and (as they stated) had been misinformed as to the terms of the contract, which they (or some persons for whom they had been substituted) had signed. Under these circumstances it appeared that the voyage con Id not be safely prosecuted, and it was accordingly abandoned. ■i. A searching inquiry, however, had meanwhile been instituted into the treatment which the emigrants had received both before and after their embarkation. The com- mittee of inquiry was composed of the chief magistrate, the harbour master, the colonial suro^eon, and two other medical men, and a ntimber of the emigrants were examined by the official interpreter, Mr. Caldwell. 5. Although the arrangements were, in some respects, defective, and the officers appear not to have enforced cleanliness and order with sufficient vigour, the committee state, that Messrs. Turner and Co., the charterers, " appealed to have been very desirous that " nothino" should be wanting on their part to secure the health and comfort of the " passengers." The Governor observes, upon their " kind and liberal intentions," and thev appear to have acted frankly and at once on all the suggestions of the authorities. (250.) A 2 ( 4 ) The case, therefore, may be considered merely as it furnishes a guide for the future conduct of the emigration. 6. The sickness is ascribed by the committee to the crowded state of the ship, the want of sufficient ventilation, the uncleanliness of the coolies, the omission to bring the people from time to time on deck, the change of air (which is said frequently to produce fever in vessels leaving Whampoa), and of diet, and finally, among those who were addicted to opium eating, the sudden discontinuance of tliat indulgence ; and on these opinions the committee found various suggestions applicable some merely to the case of the "Emigrant," some generally to the conveyance of Chiuese. 7. The examination of the coolies also elicited the fact, that several of them were unfit for emigration, and that many if not all had been more or less cheated and deceived by the Chinese agents employed to collect them ; and on this point it is evident that some precautions will be necessary on the renewal of emigration. 8. First, as to the conveyance of the emigrants. At the present moment the most important, or at least the most pressing question raised by the Committee, respects the space allowed for the passengers. The space actually allowed was 12 feet ; but the .com- mittee express their opinion, that, " bearing in mind the unfavorableness of the season," (the south-west monsoon having then commencedj, "and the probable length of the " voyage in consequence, the space allotted for each cooley should not be less than 15 " superficial feet." As Dr. Morrison elsewhere expresses his opinion, that the space allowed was too small, and as the sickness is ascribed in part to overcrowding, this raises a doubt whether the Governor of Hong Kong could properly be instructed to give effect to the Act of Parliament, which enables him to reduce the space required for orientals sailing from that port to ] 2 feet per adult. D. We think, however, that the present case does not aff'ord sufficient reason for enforcing the larger allowance of space. Considering that several cases of fever broke out before the vessel had been 24 hours at sea, it appears impossible to suppose that the crowded state of the vessel had anything to do with the commencement of the disease ; and it is remark- able that the disembarkation of a large number of the emigrants had no sort of effect in checking its progress. It is indeed true that the history of last year's emigration at one time appeared to indicate that the larger space was requisite, the "Australia " (where that space was allowed) having been the first ship which reached the West Indies without a great loss of life. But since that time two Chinese ships have arrived in Trinidad in which J 2 feet only was allowed, — the •' Lady Flora Hastings " and the " Clarendon." In the former the mortality was not extraordinary, and in the latter it was remarkably small, being even less than in the " Australia." Finally, we have. already observed that although, from the continual recurrence of cholera, considerable loss of life has occurred in many of the Calcutta cooley ships, yet the health of the emigrants constantly improved during the voyage from that port (showing that no continuing cause of disease was at work) ; while in the Madras emigration, in which no such exceptional cause of mortality occuri'ed, the average amount of deaths was no more than 2 • 31 per cent. 10. For these reasons, we are disposed to believe that the allowance of 12 feet, with proper precautions as to ventilation, cleanliness, and exercise, would be sufficient during any period of the year, and certainly that it should be at present allowed during the prevalence of the north-east monsoon. 11. On this point we should be most anxious to receive the Duke of Newcastle's instructions, as his Grace's decision will very materially afiect the rate at which we may be able to take up vessels, or indeed might make it impossible to charter any on terms to which the West India colonies would consent. 12. The other points suggested by the commitbee in respect to the conve3''ance of emigrants are principally matters of detail. Omitting those that have reference to the special case of the " Emigrant," they are to the effect that ships leaving China during the south-west monsoon should be provisioned for six months ; that various arrangements of convenience should be made in the fittings, and provision made, by the appointment of headmen and cooks and bai-bers, for the discipline of the people, for their washing, for airing themselves and their beds, cleaning the decks, and cooking tea and other provisions ; that the regulations, scale of provisions, &c., be posted up in Chinese ; and that the captain should be instructed as to the treatment of the emigrants, and (if necessary) their punishment, through their countrymen. 13. With regard to the selection of emigrants, the committee consider it inevitable (as it clearly is) that this should be carried on through Chinese agents. Nor would it be possible to guard against a certain amount of abuse in transactions between parties of whom each is probably anxious to overreach the other ; the agent, by intercepting part of the payments due to the eriiigrant ; the emigrant, by absconding when he has received any part of his advances. In the present case it would seem (if the statements of the emigrants are to be believed) that they had misapprehended the date from which their wages were to run, and had been cheated of the greater part of their advances ; that a clause promising a back passage after five years had been interpolated into their g^gree- ment ; and, finally, that few knew where they were going, and a large number were not willing to go to Demerara. Considering the circumstances under which this question was put to them, it is rather surprising that any should have been ready to, proceed than that ( 5 ) the majority should have been unwilling. But the examination proves the necessity, (as suggested by the committee,) of instituting an inquiry, under the supervision of the emigration officer, into the circumstances of each person emigrating, and ascertaining whether he has really consented, with an understanding of what he is about, to emigrate to the West Indies on the terms contained in the indenture. The committee also suggest (with Governor Barkley), that opium-eaters should not be selected for emigration, there being plenty of persons ready to go who are not infected with that vice ; and they s\iggest the necessity of sending females. On this we can only add our concurrence in both suggestions, and our satisfaction at perceiving that they do not treat the latter as impracticable. 1 -i. It will of course form part of Mr. White's duties to give effect to these suggestions, (which, indeed, he has in a great measure anticipated,) or such a modification of them as shall appear most practicable ; and, with this view, v.-e shall, unless the Duke of New- castle should disapprove that course, communicate to him a copy of the committee's report before he leaves England. 15. We have only to add that it appears from Mr. White's letter of the 9th of April 1853, (CoiTespondence relative to Emigration of Chinese Coolies, pp. 136, 138, 139,) that two interpreters who were engaged to go by the " Emigrant " to Demerara and Trinidad respectively will have been left at Hong Kopg. As Mr. White will probably leave England at the beginning of next month, it would be advisable that, if these persons have not left the colony, they should be detained fciU liis arrival, when some arrangement may be made for forwarding them. We have, &c. Herman Merivale, Esq. (Signed) T. W. C. Murdoch. &c. &c. &c. Frederic Rogers. No. 3. ^°- ^^ Copy of a DESPATCH from the Right Hon. the Duke of Newcastle to Governor Sir G. Bonham. (No. 25.) Sir Downing Street, September 9j 1853. I ENCLOSE for your information the copy of an Act passed in the recent 16 & 17 Vict. c. 84. session of Parliament, by which the Governors of the Colonics are empowered to declare by Proclamation that in vessels sailing from ports within the limits of their respective governments, a space of 12 instead of 15 feet shoitld suffice for natives of Asia or Africa, who were to be conveyed through the tropics. The long and extensive experience which has now been had of the in- troduction of coolies from India into the West Indies at the rate of one for every 12 feet, justifies the conclusion that that allowance of space is compatible with the preservation of the health of the passengers on board ship. From China itself the experience has been too limited to support any general conclusion, but the healthiest ship which has yet reached the West Indies with Chinese emigrants contained one for every 12 feet, and I think that, looking to the wide extent of the analogous emigration from India, the experiment may very properly be tried of adapting the same rule to emigration from \ have therefore to recommend you to make use of the power conferred upon vou by the recent Act, and to issue a Proclamation declaring that, during the north-east monsoon at least, 12 instead of 15 feet shall be a sufficient allowance of space for any natives of Asia or Africa who may be conveyed from Hongkong through the tropics. , , ,. ■ I have permitted the Emigration Commissioners to make their agreements resnectino^some vessels which they have engaged in this country for the con- veyance of Chinese emigrants from Hongkong, on the assumption that you wiiHssue the proposed proclamation. I have, &c. Governor Sir G. Bonham, (Signed) NEWCASTLE. &c. &c. (250.) A 3 ( 6 ) No. 4. Page 5. No. 4. Copy of a DESPATCH from Governor Bonham to his Grace the Duke of Newcastle. (No. 4.) Victoria, Hongkong, January 6, 1 854. My Lord Duke, (Received March 6, 1854.) I HAVE the honour to acknowledge the receipt of your Grace's despatch No. 25 * of the 9th of September last, enclosing copy of Act l6 & 17 Vict. c. 84., and recommending that the powers therein conferred on the Governors of British Colonies be availed of, and a proclamation, declaring that 12 feet instead of 15 feet be a sufiScient allowance of space for any natives of Asia or Africa who may be conveyed through the tropics, be issued, I have in consequence issued a proclamation in conformity with the views contained in your Grace's despatch, and I have now the honour to enclose an attested copy thereof. Acting on the principle observed at New South Wales in reference to the Act passed in the 15th and l6th years of Her Majesty's reign, commonly called the " Passengers Act, 1852," I have embodied in the proclamation the requirements of both Acts, The provisions that have been made in conformity with the first-mentioned Act cannot, however, be strictly adhered to, for if it was attempted to enforce them in this colony they would be immediately evaded by the masters and consignees of vessels removing them either to Kowloon, a Chinese port not above three miles distance from the anchorage of Hongkong harbour, or to Macao, Whampoa, Cumsingmoon, or some other Chinese port in the vicinitj?^ ; a measure which would effectually prevent all interference of any British authority, and at the same time be detrimental to the interests of the colony. I may as well remark that at present there appears no immediate chance of procur ng coolies for the West Indies where they cannot be conveyed with advantage to the shippers, so long as freight of vessels remains at its present high rate. I have, &c. His Grace the Duke of Newcastle, (Signed) S. G. BONHAM. &C. &C. &C. ' End. in No. 4. Enclosure in No. 4. Peoclamation. By his Excellency Sir Samuel George Bonham, Baronet, Knight Commander of the most Honourable Order of the Bath, Governor and 'Commander-in-Chief of the Colony of Hong Kong and its dependencies, and Vice- Admiral of the same, Her Atajesty's Pleni- potentiary and chief superintendent of the trade of British subjects in China. Whereas by an Act of the Imperial Parliament of Great Britain and Ireland, passed in the fifteenth and sixteenth years of Her Majesty's, reign, intituled " An Act to "amend and consolidate the lavs^s relating to the carriage of passengers by sea," it is amongst other things enacted, shat it shall be lawful for the' Governor of any of Her Ma esty's possessions abroad, by any Proclamation to be by him, from time to ■time, issued for that purpose, (which shall take effect from the issuing thereof,) to declare what shall be deemed for the purposes of the said Act to be the length of the voyage of any ship carrying passengers from such possessions to any other place whatsoever, and to substitute for the articles of food and provisions specified in the said Act, such other articles of food and provisions as he shall deem to be a full equivalent for the same ; and also to declare what medicines, medical instruments, and other matters shall be deemed necessary for the medical treatment of the passengers during such colonial voyage. And whereas also by a certain other Act of the said Parliament passed in the seven- teenth and eighteenth years of Her said Majesty's rcign, intituled " An Act to amend the Passengers Act, 1852, so far as relates to the passages of natives of Asia or Africa, and also passages between the island of Ceylon and certain paxts of the. East Indies," it is amongst other things enacted, that it shall be lawful for the Governors of Her Majesty's possessions abroad, if they shall think fit, to declaro by Proclamation that ships intended to pass within the tropics, from any ports within their respective Governments, may convey passengers being natives of Asia or Africa, after the rate of one for every twelve superficial feet of the passenger deck, instead of one for evepy fifteen sycb superficial ( ? ) feet, as required "by the 12th section of the said " Passengers' Act, 1852." Now, there- fore, I, Sir Samuel George Bonham, Bart,, the Governor aforesaid, by this my Procla- mation, issued for that purpose, do declare that the following shall be the rule of computation by which the length of the voyage of any ship carrying passengers from Hongkong to the several places herein-after enumerated shall be computed, for the purposes of the said recited Act, that is to say ; Passage from Hppgkong to the under mentioned Places for Ships propelled by Sails. In the Months. October to March. April to September. ( ^ I Both inclusive. Days. California, or West Coast of America, north of the Equator - West Coast of America south of the Equator - Sandwich Islands New Caledonia, New Hebrides, Feejee Islands, Tahiti, Society 1 or Friendly Islands - - - j Sydney, Melbourne, or South Australia Western A.ustralia Van Diemen's Land - . . _ New Zealand Manila . : " . - - Singapore - - Batavia . _ - - - Ceylon - - - Madras or Calcutta - - - Bombay _ - - .- Mauritius, or Bourbon ... Cape of Good Hope - . . - - West Indies, East Coast of America Great Britain or Europe - - - - 100, 120 75 100 75 120 56 100 60 80 45 60 65 80 75 90 20 20 20 45 30 60 45 70 50 75 60 80 60 80 65 85 147 168 162 180 Water gallon 1 per diem Firewood - 3 lbs. Salt - - 1 oz. per week Pepper - - 1 „ Vinegar pint i Tea - 4 ozs. And I do hereby further declare, that with respect to passengers being Chinese, or persons accustomed to Chinese diet, in addition to, and irrespective of any provisions of their own which any such passenger may have on board, the master of every " Passenger ship " shall make to each statute adult during the voyage, including the time of detention, if any, at any port or place before the termination of such voyage, an allowance of pure water and sweet and wholesome provisions, according to the following dietary scale, and the provisions mentioned in such scale shall in the case of such Chinese passengers only be substituted for the articles of food and provisions specified in the said Act : Eice - - - H lb. per diem. Salt Pork - - i „ - » Lard, salted fat, fresh fat, or oil - " " 'a *^^- " Pickled vegetables - 8 „ „ Tobacco - - - - 2 » » Three weeks supply of biscuit is to be placed on board, to be issued at the rate of 2 lbs. a day only when the weather is too bad for cooking, or when reqmred by the surgeon. Peas or beans may be substituted for rice, and opium for tobacco, to the extent and in the proportion to be fixed by the surgeon. Half issues to be made to children under ten years of age. The issues in accordance with this scale are to be made daily; the first issues to be made on the day of embarkation. And I do hereby also further declare in pursuance of the said last-mentioned anv that 12 instead of 15 feet shall be deemed a sufficient allowance of space for S, nltives of Asia or Africa who may be conveyed from Hongkong through the Tropica. (250.y A 4 No. 6. ( 8 ) And lastly, I do hereby further declare, that the medicines, medical instriiments, and other matters necessary for the medical treatment of the passengers during any such voyage, shall be as follows, namely: — For a Ship carrying 100 passeifigers and in like propoHion for any greater or less number. [Here follows the scale.] Given under my hand and seal of the Colony, at Government House, Victoria, Hongkong, this 28th day of December in the year of our Lord one thousand eight hundred and fifty three and in the seventeeth year of Her Majesty's reign. By his Excellency's command, J. G. BONHAM. W. Caine, Colonial Secretary. God save the Queen. No, S. No. 5. Extract of a DESPATCH from Governor Sir John Bowring to the Duke of Newcastle, dated Hongkong, April 2 1st 1854. (Received June 22, 1854.) " Mr. White the emigration agent has left the colony for England, and Avill of course report to your Grace on the prospects for continuing a supply of Chinese for the Colonies. Meanwhile the voluntary emigration is considerable, and the Coolies, still seem disposed to press in great numbers towards Cali- fornia and Australia. They are deplorably ignoi'ant, are likely to be the victims of the cupidity, alike of Chinese brokers and sea captains, and the interests of humanity, to say nothing of the reputation of a British colony, require that more control should be exercised over abuses. " An example has just occurred. I learnt that a Peruvian vessel (the Libertad) had engaged nearly a hundred Coolies more than she was able properly to take, or would be allowed to take under the Passengers' Act ; that her seaworthiness was very doubtful ; and that the state of the Coolies on board was most unsatisfactory. " Wc have prevented her departure in order that some steps may be taken for the protection of human life. " Though Sir Geo. Bonham has applied certain portions of the Colonial * Page 6. Passengers' Act to this colony by his proclamation of 28th' December,* there is really no machinery here, for giving effect to the regulations adopted. We \i?ant more efficient control, and I think Mr. Hillierj the chief magistrate, might very properly and usefully be appointed, at an additional salary of 200/. a year to undertake the duties of emigration agent. His knowledge of the Chinese language, and his habits of intercourse with the Chinese people make his nomination particularly desirable. I am afraid the remuneration by any system of fees would from the almost universal venality of subordinates, lead to uncontrollable abuses, and that the object in view could hardly be accomplished without some slight expense to the colony. " I cafinot allow there is force in the objection, that if our colonial regulations are stringent and efficient the emigration trade will be transferred to other localities. It appears to me that when Coolies learn from experience that their interests and comforts are cared for, and that securities are provided for their protection in this colony which they cannot find elsewhere, emigrating Coolies would prefer resorting to it, and thus the interests of the colony be permanently promoted. Means might be found of circulating in the districts, which furnish the supplies of emigrants, some information as to the arrangements made in Hongkong in favour of those who embark in the colony." No. 6. Copy of DESPATCH from Lieutenant-Governor W. Caine to his Grace the Duke of Newcastle. (No. 11.) Victoria, Hongkong, May 4, 1854. My Lord Duke, (Received July 3, 1854.) I have the honour to address your Grace on the subject of Chinese emigration from this colony to California, Australia, and other places, which ( 9 ) has now attained so great magnitude as to render it most desirable to enforce the salutary provisions of the English Passengers' Act of 1852, as flir as the circumstances of the locality permit ; for, at present, the ships that leave this port crowded with human beings are under no sufficient control as to the quantity of provisions and space or the seaworthiness of the ship, except what inay be afforded by the foresight and self-interest of the passengers or the rules ot the place at which they disembark ; and this last species of control, as will appear m the sequel, is not unfirequently rendered valueless. 2. I cannot, I think, give your Grace a better idea of the present state of emigration m this quarter than by extracting a few remarks on the subject from the " China Mail " newspaper of the l6th and 23rd of last month. It is there said that emigration to California, notwithstanding the immense numbers who have already crowded thither, is still on the increase ; that no fewer than 12,000 Chinese in Canton and Hongkong are waiting shipment to San Fran- cisco, while the departures since the 1st January last may be safely estimated at 5,500 ; that, within the last three months, upwards of 2,100 have departed for Melbourne, thus showing what attention Australia is exciting among the Chinese ; that Chinese passage brokers, being under such heavy engagements to find passages, are driven to the utmost straits, so that European ships con- demned years ago as unfit to carry cargo are readily purchased at enormously high prices and fitted out for passengers ; that of those already purchased only one can be termed a sound wholesome ship ; that one ship of 850 tons was sold for ^85,000; another of 337 for ^33,000; one of 140 tons for ^^15,000; one of 379 tons for ^30,000 ; and four or five others at prices equally ejctravagant. 3. Added to this, in two instances, the master of the vessel, after taking on board a number of passengers far in excess of that which is either legal or safe, fearing the consequences, has forced a number of them on shore at the momenc of sailing, when the passage broker having absconded they looked in vain for a return of their passage money or even for food and shelter. In the case of the " Shamrock" brig this cruelty was practised at Singapore, where the vessel touched on her way to the Australian colonies. One vessel has been wrecked on the Madjicosiina Islands, involving great loss of life ; another, a Dutch ship, has put into Singapore leaky ; and it is much to be feared that these are but a small part of the casualties which may be expected to occur unless some efficient control be speedily exercised. 4. It has therefore been thought fit to exercise the power given by the Pas- sengers' Act of appointing an emigration officer, for without his intervention none of the penalties in that Act can be enforced. For this duty, Mr. Hillier, the chief magistrate of police has been selected, and for the additional labour thus imposed on him, and the exposure to the climate that it will necessarily involve, it has been considered that an addition of 200/. a year to his salary is such a sum as could reasonably be given, and one very much below that which would be necessary to ensure the services of a competent person not already in Government employ. I should have been disposed to recommend the levying a small fee upon each emigrant as some con)pensation for the protec- tion afforded him, and with the view of relieving the colony from any pecuniary burden, but I fear the difficulty of collection and the abuses to which it might lead in the hands of subordinate officials would more than counterbalance its advantages, and (small though it be) would induce the emigrant Coolie to seek its evasion by embarkation at some other port. ' 5. The process of collecting passengers for California ships appears to be somewhat as follows: — A passage-broker at Hongkong (not unfrequently a man of straw who is not to be found a few hours after the vessel leaves) sends out his crimps to the mainland, and these on the payment of about five dollars as baro-ain money, give to each candidate for shipment a bargain-ticket, sealed with the seal of the broker for whom they act. With this ticket the candidate proceeds to Hongkong, where on payment of the balance of passage-money and re-delivery of the bargain-ticket, a passage ticket is granted, securing to the possessor a passage to California. Thus the broker may receive the money of shiploads of passengers before he has provided by the purchase or the charter of ships, for the accommodation of even a small number of them. If the charter money be high, the shipowners may often risk the confiscation of the ship at the port of debarkation in consequence of an infringement of the Passenger law there, and still be sure of a profit on the transaction } and the (250.) B C 10 M ship may be despatched with the same certain profitable result, if the Chinese purchaser pay but a small sum for her acquisition and receive large amounts for passages. It is difficult at present to account satisfactorily for the enor- mous prices paid for ships as related above, though the sum paid for a passage is also unusually high; I can only attribute it to the pressure upon the more substantial Chinese brokers of engagements which they must fulfilat the risk of absolute ruin. It is manifest that the temptatioli under these circumstances to crowd human beings recklessly into unseaworthy vessels must be extra- ordinarily great. 6. In conclusion, I would state that this subject was brought to the notice of Sir George Bonham before it attained to its present more serious importance. He issued in consequence a proclamation, of which a copy was forwarded to * Page 6. your Grace, in Despatch * No. 4j of 6th January last ; but he refrained then from doing more, fearing that to enforce the English Passenger Act in all its strictness would tend to drive emigrant vessels away to Chinese ports and thus deprive the colony of the benefits that it must derive from this source. Yet it may well be doubted whether the additional protection and comfort afforded to the passenger by an effective Government surveillance, will not render the colony more attractive to emigrants, and thus counterbalance the supposed evil consequences of a feeling of dissatisfaction on the part of charterers or owners of fehips at any interference with the liberty of action they have hitherta enjoyed; and at all eventSj the existing danger of serious casualties rendei's this contingency of minor consideration. I have, &c. His Grace the Duke of Newcastle, (Signed) W. CAINE. &c. &c. &c. No. 7. No. 7. Copy of DESPATCH from the Right Hon. Sir George Grey to Governor Sir John Bowring. (No. 22.) Sir, Downing Street, August 29, 1854, I HAVE to acknowledge the receipt of Lieut.-Governor Caine's Despatch, Page 8. No. 11, of the 4th* of May last, reporting the steps which he had taken for enforcing the provisions of the Passengers' Act, in regard to emigrant vessels proceeding from the ports of Hongkong; and in expressing my approval of tho$e measures I have to convey to you the sanction of the Lords Commissioners of the Treasury to the allowance of 200/. per annum to Mr. Hillier, the chief police magistrate, to act as. Emigration Officer, on the understanding that this additional income is to be discontinued whenever the cessation of emigration may render the office unnecessary. I have, &c. Governor Sir John Bowring, (Signed) G. GREY. &c. &c. &c. No. 8. No. 8. Copy of .DESPATCH from His Grace the Duke of Newcastle to Governor Sir John Bowring. (No. 11.) Sir, Downing Street, March 16, 1854. I TRANSMIT to you for your information and guidance a copy of a letter from the Colonial Land and Emigration Commissioners, transmitting copies of a cbri'espondence with Mr. White on the subject of Chinese emigration to the 25th Feb. 1854. West' Indies, together with a copy of the answer returned to the Commissioners by my desire. ' ^ L7th March 1854. ' 1 h^ve to request that you will instfiict the Surveyor-General to place him- self miibmifiunicatibn with Mr. AVhite respecting the establishment of a depdt, ( ii ) and that you will report to me your opinion ns to the expediency of such a Governor Sir John Bpwring, (Signedr^' NEWCASTLE. &C. &C. &C. V & / End. 1 in No. 8. Enclosure 1 in No. 8. Q Colonial Land and Emigration Office. 1 w V. i February 25, 1854 J.. WE beg to enclose copies of two letters which we have received from Mr. White,* No. 2. 10th Dec. with the answer which we have returned to those letters. It is not possible, however, No. 4 26th Dec. that this answer can be received before the emigration has practically terminated. 24th February M wu-T [ ^^^^ *^^* ^^**^® ^^*°^°® ®^i^*® of chartering ships in China, but that -^ Mr. White has authorized Messrs. Tait and Co. to send one or two vessels (if they can be procured) from Namoa ; a step which we cannot refrain from regretting. 3. It appears to us that no better course can be adopted for commencing a healthy temale emigration than that adopted by Mr. White ; but we do not feel very sanguine of his immediate success. 4. We trust that next year, being at liberty to advertise for shipping at a far earlier period, we shall be able to secure a supply of European surgeons. 5. The emigration is as yet of so uncertain a kind that we could not recommend that the expense of constructing a depot should be incurred ; but we tliink it might be very advisable to obtain the opinion of some Government officer on the spot ; and we would suggest that if the emigration proceeds the Governor should be instructed to direct the Surveyor-General or some other competent officer to place himself in communication with Mr. White on the subject, and report respecting the expediency oi such a step; the expense^ which would be necessary ; and on any means which Government might possess for facilitating the construction of a building adequate for the purpose. ■ We have, fee. Herman Merivale, Esq. (Signed) T. W. C. Murdoch. &c. &c. &c. Fredebic Eogers. Sub-Enclosure 1 to Enclosure 1 in No. 8, Sub-Encl 1 to (No. 2.) End. I in No, 8. Sib, Hongkong, December 10, 1853. Since I had the honour of addressing you by last mail, several vessels have arrived, suitable for the emigration service, but they have all been taken up at rates very far exceeding those which I am authorized to give, and are princicipally under charter for California. 2. As an instance of the high rates of freight now current, I may mention that Mr. Comstock, agent on behalf of the Panama Railway Company (of whom I made mention in my last), offered, a few ' day s ago, $70 for the conveyance of labourers to Panama, and to put 700 on bioard, the charterer finding water and fittings and everything necessary. The vessel (the Wilhelmsbnrgh) registers 900 tons, and according to the English Passengers' Act could not carry more than 450 emigrants. But 700 passengers at $70 each is equivalent to 450 at $109, and this latter is the sum I would have had to offer in order to place matters on a par. In addition to the freight for the emigrant, the charterer engaged, if required, to furnish a cargo of guano from Peru for New York. The whole offer has., however, been declined, and the vessel is now under charter for California. This statement will show the Commissioners how little prospect there is of procuring shipping for the West Indies during the present season, 3. As it is possible that some stray vessels may call in at Amoy, without knowledge of the high freightis current here, I have authorized Messrs. Tait and Co. to take them up on my account ; and I annex copy of the letter I have addressed them on the subject. I effected this arrangement only on the condition required by them, that they should receive a commission for placing emigrants on board (from Namoa) ; and although, this is contrary to my express wish, that the emigration should be conducted from Hong- kouo- I thouo-ht it best to accede to it under present circumstances, for I see little prospect of getting vessels in Hongkong, aiid if I had rejected the proposal made to me by Messrs. Tait and Co. I would lose the chance 6f any vessels that might arrive at Amoy, for they would unquestionably be taken up under a similar engagement for the Cuban emigration. 4. If emigration is to be carried on from this port continuously (or at least for a few years) and systeraaticalty, and in a manner creditable to the Government, it is absolutely * Xote. The previous correspondence relative to Mr. White's proceedings, as West India EmiTation Agent in Chi)ia, is contained in the papers presented to Parliament by Her Majesty's command in 1853' and '1855, '• Correspondence Emigration from China." (250.) B 2 ( 12 ) necessaiy to have a depot. Here emigrants may be collected, and be prepared for em- barkation, so that no delay shall arise when the vessel is ready to receive them, and here they will be protected from the possibility of fraud on the part of the collecting agents. The present method of bringing them together two or three days before the vessel leaves, and then shipping them off without sufficient preparation or inquiry, leaves open the door for all manner of abuses, in spite of the best exertions of the emigration agent. But the establish- ment of a dep6t, whether afloat or on shore, will be attended with some expense ; and with the little prospect there is of obtaining shipping this season, I do not wish to incur any ex- pense that may be avoided, without having the previous sanction of the Commissioners. A hulk, such as would answer the puqjose of a dep6t afloat, will cost at present from 3,000/. to 4,000?. The town of Hongkong, at the foot of an abrupt hill, offers few conveuiencies for building, and I have been unable to find any place but one suitable for the purposes of a depot. This place comprises three lots of land (on which there are buildings, now in a nearly ruinous condition, as the parties to whom they belonged have allowed them to lapse to the Crown rather than pay a heavy ground rent), and is nearly three acres in extent, and situated on the shore of the bay. The Surveyor-General informs me that the three lots may be had for SOOl. a year, but they cannot be made available for the purposes of a dep&t until the Governor, who resides at present in a house adjoining one of these lots, shall have removed into the new Government House now in course of erection. The repairs to the old buildings, and the erection of new ones that may be required, will, on a rough calculation, cost from IfiOOl. to 1,.500Z. If emigration from China is likely to be carried on for a few years, I recommend the establishment of a depot, afloat or on shore (the latter only as being the most economical) ; but if it is to be uncertain and desultory the expense of a dep6t may be saved. And in this case the emigrants required may be obtained as well through the agency of a respectable mercantile house as by the instrumentality of a Government agent. 5. No emigration from China will be safe or satisfactory until some of those who have left return with favourable accounts of the West Indies, and till this takes place the respectable Chinese will continue to regard this emigration with suspicion and distrust. If the accounts be fa,vourable, the emigration may become to a great extent self- supporting, for thousands will be eager to emigrate, and will gladly undertake to pay at least a portion of tlie passage money, as soon as their confidence has been secured. 6. I have already stated frequently that I see no prospect of procuring wouien, except by purchase, direct or indirect. If the Government will authorize me to advance money for this purpose I liave no doubt of success. Girls of respectable connexion may be obtained for about forty dollars of ten to fifteen years of age, and I propose to pay this amount to a few of the more respectable emigrants, and leave them to make their own arrangements, on condition of their marrying the v,^omen before the departure of the vessel. When favourable accounts are brought from the West Indies by returned Chinese emigrants, it may become unnecessaiy to resort to this method to procure women and children ; but until that takes place, if my information be correct, there is no probability of obtaining women without purchase, for such is the universal custom of the country. 7. In my last communication I stated that I could not get access to the depot at Macao ; but being furnished with introductions from Canton I returned there on my v/ay back to Hongkong. Mr, Jorgd at once consented to ray seeing it, on condition that I should communicate nothing in reference to it, either to Government or to the newspapers, I found everything exceedingly well arranged and worthy of imitation, and the whole establishment such as I should be glad to see in Hongkong. I found 480 stout men and boys well lodged and well clothed, and looking clean and comfortable, and the arrangements of the place in every way satisfactory! As Mr. Jorg^ has purchased vessels for the service, this portion of the Cuban emigi-ation may be considered as well organized and likely to be pei-manent. He has not been able to charter any vessels, although ho has offered as high as seventy dollars per emigrant. As he puts about fifty per cent, more men on board than would be allowed by the English Passengers' Act, this sum of seventy dollars is equivalent to about 105 dollars to the British West Indies. He informs me that the vessels despatched by him towards the close of last season arrived in . Cuba w-ithout any accident, and that the ratio of mortality among the emiorants was very trifling. 8. There is no prospect of obtaining a European surgeon ;' none can be obtained here ■ and the vessels from Australia, California, and India do not bring any. If I succeed in procuring vessels, I shall have to despatch them with Chinese surgeons instead ; and if it be made imperative for the future that European surgeons must be employed,'it will be necessary to make arrangements for this purpose in England. Upwards' of 40 000 Chinese have left this for California without surgeons (except their own) ; and I am' not aware that any epidemic has broken out, or that any untoward accident has occurred to mar the success of a single voyage. Almost everything depends on the captain, and the surgeons likely to be picked up here are men whose services would probably 'be of little or no value. The surgeon of the " Emigrant," who was engaged at a hio-h salary for the voyage to Demerara, died of " delirium tremens " from sheer drunkenness a few- days after the voyage had been abandoned. 9. As to emigration generally, I see no reason to doubt that any number of people may be obtained that the resources of the West India colonies can afford. ( 13 ) That portion of the Cuban emigration which is estabhshed at Macao is, except as to the overcrowding of the vessels, on a satisfactory footing, and is likely to be of a permanent chai-actev. An extensive and increasing emigration is going forward to California. Numbers of Chinese return from there, and go back again, after having made here such purchases as they think likely to yield profit. Hardly a week passes without vessels arriving from and leaving for San Francisco, so that the intercourse is regular and well established. There are now in harbour two English vessels of considerable size, which have been purchased by Chinese expressly for this trade, and a line of packets has been lately established by a respectable firm, with vessels* advertised to sail at stated periods. The emigration to California may therefore be considered as thoroughly well established, and as Hkely to increase yearly, at least for some years to come. As yet, little or nothing has taken place in emigration to Australia ; but as a few Chinese have recently returned from there, and have brought with them a good deal of gold, it is expected that emigration will set in to Australia in the same manner as to California.! The Peruvian consul at Canton has recently issued a notice "that the Peruvian " Government conceive it undesirable to encourage the importation of Chinese Coolies " into Peru, and will henceforth decline to enforce the observance of any contracts that " may be entered into between shippers and Coolies." 'J'his will in all probability check the shipment of labourers to that quarter. The " Sea Witch " (American) is now in harbour, and proceeds shortly to Namoa, to take labourers for the Panama Railway. Her upper deck has been housed over from the mizen forward, so that she will carry nearly as many passengers on this deck as on her 'tween deck, and in all many more than would be jaermitted by the English Passengers Act. The agent for the company has not been able to charter any vessels here, although he is authorized to give very high terms for the conveyance of labourers. The " Sea Witch" v/as chartered in New York, and was fitted out there for her present occupation. 10. I liave drawn upon the Commissioners in favour of Messrs. Dent and Co. for 5001. sterling, so as to have some funds in hand for the payment of any disbursements that may 'be requii'ed. The bill is at thirty daj's,' and under date 10th December. I have, ifec. S. Walcot, Esq., Secretary, (Signed) James T. White. Colonial Land and Emigration Commissioners. &c. &c. ' &c. Deau Sirs, Hong Kong, December 9, 1853. If any vessels arrive at Amoy suitable for the emigration service, I shall feel obliged by your taking them up on my account, for the conveyance of 500 to 600 emigrants to British Guiana, and a similar number to Jamaica. The first vessel to go to Jamaica. The ship to provide wood, water, and the necessary fittings, and a European surgeon, if one can be obtained ; and the amount to be paid must not exceed HI. 10s. sterling, or |70, for every emigrant landed. I name this sum as the maximum, and trust you will be able to procure freight at lower rates. You are aware of the stringent provisions of the English Passengers Act; and I must urge you not to employ any vessel that is not unexceptionally sea-worthy, and in every way suited for the comfortable coiiveyance of emigrants. They must be care- fully surveyed. .„ . ^ I wish these vessels to take emigrants from Namoa ; and if you will inform me when a vessel has been chartered, I will, if possible, meet her at that place.' I have arranged with your Mr. Tait as to the commission you will be entitled to charge for this service, and also as to the probable outlay for local charges, and for provision and clothing to the emio-rants, amounting in the aggregate to $24, and if two months wages, or $8, be paid"in advance, the total sum required per man will be $32, which sum I shall be prepared to advance as soon as I am informed that a vessel has been taken up for The provisions must be of the best quahty, and the supply of water abundant ; but on this and other points connected with the emigration I will write hereafter. To obviate the inconvenience and dissatisfaction that appears to have arisen in the West Indies by deducting .|1 a month from the wages of the emigrants, so as to refund to the colonies the $8 advanced here, I think it would be well, instead of having any reference to these $8 in tlie contract, merely to stipulate that for the first eight months after their arrival they wiU be entitled to receive as wages (exclusive of food, &c.) only $3 a month, after which they will be placed on the full allowance of |4. Interpreters are absolutely necessary. ^ ^^^^ ^^_ Messrs. Tait and Co., Amoy. (Signed) James T. White. &c. &c. ^ * One of these is the "Lord Warriston," a fine vessel, which the Commissioners may, perhaps, i-Pmember was tendered to them by Mr. HamUn, a few. days before I left London ^Three Vessels are now advertised for Fort Phifip and Sydney, and are intended to carry passengers. ^ (250.) ^ ^ ( i4 ') I understand that no commission will be chiarged for chartering. I send a copy of some " papers relating to emigration," which will show the spirit in which the colonial authorities desire that this emigration should be carried on. find 2 in No. 8. (No. 4.) Sir, Enclosure 2 in No. 8. Hong Kong, December 26, 1853. Nothing of any interest connected with emigration has occurred since I had the honour of addressing you on the 10th instant. 2. Very few vessels have arrived, and these all under previous engagements, so that the rates of freight are fally as high as they were ; and as there is a great deal of Chinese produce on hand waiting for shipment, it is probable that they will go even higher. 3. No vessels have been taken up here, either for Panama, Peru, or Cuba, but Mr. Jorgd has purchased another vessel (now at Manilla under the French flag, fo^ the Cuban emigration. 4. As an indication of the high rates of freight now current, I may mention that a vessel being required for the conveyance to England of the invalids of the 59th regiment, tenders were called for in the usual form, but only one vessel was offered (the " Enter- prize "), and the rate required 45Z. per man. Last year the rate paid was 301. This tender was rejected; but an arrangement has since been made, by which the rate per man is reduced to 40J., the difi'erence being made up, or nearly so, by the freight payable ou stores that are to be sent home, and by other concessions. 5. Upwards of 800 Chinese have returned from Califoinia since the lOtli instant. A passenger on board one of the vessels that brought 300 informs me that they appeared, all of them, to have plenty of money, and that they stated their intention of returning to CaUforuia as soon as they had seen their friends and enjoyed the festivities of the new year. The return of Chinese under such favourable circumstances must naturally stimulate emigration to that quarter, and the communication is now so certain and so frequent that it cannot fail to become of considerable importance. 6. Subjoined is a memorandum furnished to me by Mr. Jorg^ of the three vessels despatched by him at the close of the last emigration season. It is singular that the mortality was least on board of the vessel that was most crowded. Tons. Coolies. Died. Sophia 240 250 - 17 Viagant^ — 300 51 Victoria - 500 - 400 53 950 121 The mortality on board of the " Viagantd " was caused liy "scurvy," which broke out ninety days after leaving this ; and he attributes it entirely to the negligence of the captain. The mortality on board of the " Victoria" he attributes to her being despatched "too late in the season, about the end of March." 7. He has made arrangements for this season with parties residing at Anjer, and at the Cape of Good Hope and St Helena, to furnish liis vessels with whatever provisions or supplies may be required, and he makes it imperative upon the captains to call at Anjer for fresh vegetables and pigs, and at the Cape of Good Hope or at St. Helena, or at both, if necessary, for the same purpose, taking sheep at the Cape instead of pigs. These arrangements are good, and might be adopted with advantage in our West Indian emigration, for the various breaks in the voyage, and the frequent supply of fresh vegetables and water, must conduce to the health, comfort, and cheerfulness of the emigrants. 8. Difliculties, however, occur in spite of his precautions and care. By late advices from Singapore I learn, that the " Adamastor," of 400 tons, despatched by Mr. Jorg^ for Cuba in last October, with upwards of 300 Coolies on board, had put into that port, the captain being compelled to this step imder the threat of losing his Mfe. The Coolies deserted the ship immediately after her arrival, and the voyage was necessarily abandoned. ,9. Incidents such as this deter captains from embarking in the emigration service; and to show the general feeling that prevails on the subject, I annex the copy of a letter from the consignee of the " Jamestown," to Whom I had made an offer for the conveyance of emigrants to Jamaica. 10. The proper season for emigration is passing away so rapidly that I have taken upon myself the responsibility of oflfering $80 for the passage of emigrants to the West Indies. This sum, payable on arrival, is equal to _ - . ^1(5 13 4, The provisions, clothing, and local charges will amount to about |25, which at the current high rates of exchange will not be less than - 6 6 8 Making in all ^23 ( 15 ) auSii' ^^ f™T* ^^^''''^ ""^'t *^' Commissioners would not, as 1 apprehend, authorize me to advance, nor would any such advance be sanctioned by the loca governments. ■' n.i • , T^' Y*^''^°*i.^'.'l-' Sp^'^e^^ary, (Signed) ^''^' jImes T. White Colonial Land-and Emigration Commissioners My bear Sib, _ Ca^ffcon, December 10, 1853. Informed through Captain Moore you are very desirous of getting forward 1.001168 to Jamaica and ready to pay very liberally, considering the scarcity of tonnage, 1 am induced to soheit an offer for the "Jamestown." I send this by express boat, as tmie is an object, and the voyage for this ship already marked out for Manilla. Still your oner may be an object for me to abandon the latter, therefore you must send me your very best terms, as on receipt of same I shall either accept them or close my despatches to Uaptam Moore for Manilla. j f Let your offer be very clear. Say $ per head for 500, or as many more as the ship can take m her tween decks. Freight to be paid on the number shipped, less two (2) per cent, in the event of any mortality amounting to more than tliat per-centage, and no further abatement in any case, not excepting the possibility of the ship stopping on the voyage and the men escaping. Ship to find water and fuel only, and to be despatched on 1st Januai-y, or sooner if possible. Freight to be paid in Spanish dollars, on arrival of the ship at Jamaica. 'Tis unnecessary to send me an offer coupled with receiving freight on the number of Coolies landed, as it wiU not be considered for a moment. So much has been said of your readiness to pay a ship more liberally than present rate of freights will yield, I shall be most happy to abandon the Manilla voyage of the " Jamestown," and meet you promptly ; but remember the last clause, as I cannot take the slightest risk of being disappointed in the out-turn of the freight. As the post boat may give me your reply earlier than the bearer of this can return, better write by it. Very truly, (Signed) H. W. Hubbett. Enclosure 3 in No. 8, Colonial Land and Emigration Office, Sir, Park-street, Westminster, February 24, 1854. I AM directed by the Colonial Land and Emigration Commissioners to acknowledge your letters. No. 2. of the 10th December, and No. 4. of the 26th December last. The Commissioners regret much that you should have been unable to procure any shipping for emigrants for the West Indies. They entirely approve of your having increased your offer to $80 a head ; they also fully approve the proceedings which you propose to take in regard of obtaining women, understanding your intention to be this^ — that as wives are, in fact, obtained by purchase in China, you will furnish some of the emigrants procured by you with the means of effecting marriages in this, the usual manner, taking care that the connection thus formed is one of a nature as legitimate and obligatory as the law and usage of China renders possible. With regard to your intention to employ native surgeons, the Commissioners cannot but feel much apprehension, especially observing the large' mortality which has taken place in two out of the three ships despatched by M. Jorg^ to Cuba. They trust that if you find yourself forced to have recourse to this class of persons, you will have spared no pains to secure as capable a person as can be obtained. The Commissioners would not as yet feel at liberty to sanction the expenditure of money in a dep6t. The emigration from Hongkong is at present experimental, not a single cargo of emigrants having been yet collected at that port. The Commissioners are glad to observe that you anticipate no difficulty in obtaining emigrants, but they do not think so large an expense (which does not appear to be indispensable) should be incurred, at least till those anticipations have been tested by experience. ^ There is, how- ever, one point in your proceedings to which the Commissioners cannot advert without great regret. Your instructions authorize you to despatch emigrants from Hongkong, or if necessary, from Amoy. But you state that you have entered into an engagement with Mr. Tait for despatching vessels fi-om Namoa. There appeared reason to be dis- satisfied with the mode in which the Messrs. Tait conducted in 1852 such part of the West Indian emigration as fell in.to their hands. Emigration from Namoa is, as you are awaxe, in direct violation of our treaties with China, and on that account, when emigra- tion Was set' on foot from that f)6rt last year, it elicited an immediate remonstrance (250.) B 4 End. 3 in No. 8. ( 16 ) from the Foreign Office. The Commissioners trust, therefore, that no emigrants will have been despatched from that or any other locality which is not legally open to British trade. The Commissioners have perused with much interest the account which you give of the emigration to Cuba and other destinations. They are glad to perceive that a stop has been put to an emigration alleged to be connected with so many abuses as that to Peru. I have, &c. (Signed) S. Walcott, J. T. White, Esq. Secretary. End. 4 in No. 8. Enclosure 4 in No. 8. Gentlemen, Downing Street, March 17, 1854'. I AM directed by the Duke of Newcastle to acknowledge the receipt of your / letter of the 25th ultimo, transmitting copies of two letters from Mr! White, reporting liis proceedings in connexion with the emigration of Chinese to the West Indies, together with a copy of the answer you have returned to>Mr. White. I am to acquaint you, in reply, that the Duke of Newcastle approves of your answer to Mr. White ; and his Grace has directed the Governor of Hong Kong to instruct the Surveyor-General of that colony to place himself in communication with Mr. White respecting the establishment of a depot, in the case of the continuance of emigration, and to report his opinion respecting the expediency of such a step. As regards the mode suggested by Mr. White for obtaining female emigrants, whilst his Grace is aware that Chinese marriages are always a, matter of purchase of the wife from her parents, he desires that Mr. White be instructed to take care that neither him- self nor his agents are the purchasers. The way to prevent such a result will, in his Grace's opinion, be to offer a bounty to married emigrants equivalent to the price paid by a man of the labouring class for his wife. He will then, in consideration of thi^ sum, make his own domestic arrangements, and of course bring his wife with him. I have, &c. The Colonial Land and Emigration . (Signed) H. Merivale. Commissioners. No. 9. No. 9. Copy of DESPATCH from Lieutenant-Governor Caine to the Duke of Newcastle. (No. 23.) Victoria, Hongkong, June .5, 1854. My Lord Duke, (Received August 7, 1854.) I HAVE the honour to acknowledge the receipt of your Grace's despatch * Page 10. of l6th M^rch last,* giving cover to sundry letters from Mr. White, late West India Emigration Agent in this colony, and the correspondence relating to these letters. 2. Your Grace desires me to instruct the Surveyor- General to place himself in communication with Mr. White respecting i.he establishment of a depot for Chinese emigrant Coolies destined for the West Indies, and to report ray own opinion as to the expediency of such a measure. Mr. White having, as your Grace will have been apprised, returned to England at the termination of the season favourable to emigration, I can only comply with the second requirement. 3. I am decidedly of opinion, with Mr, White, that if the emigration to the West Indies from this place is to be systematic and constant, it cannot be con- ducted in so creditable a manner as the Government would wish, without the establishment of a dep6t on shore or afloat : the former would probably be the least expensive both as to its original cost, and in regard to the establishment necessary for its due regulation. 4. It is difficult to imagine how, without the aid of such an establishment, labourers can be selected of such class as by their introduction would benefit the Colonies, for this must necessarily require time : nor bow, when such selection has been made, the Coolies can be prevented from absconding after the receipt of the advanced wages that are always given as a part of the inducement to emigrate. The ordinary lay-days of a ship chartered for the voyage cannot be sufficient time, nor the ship a suitable place, for these preliminary arrangements ; and the fact that such a depot has been found ( i^ ) necessary both at Macao, where emigration is in private hands, and in Calcutta, where it is under the supervision of the Government, seems to strengthen the supposition that it would also be a requisite here. 5. Such an establishment would also seem necessary to realize Mr. White's anticipations of success with regard to inducing married men and families to emigrate. Unquestionably it is most desirable that in emigration of every kind the proportion of male and female emigrants be as nearly as possible equal. When this is the case the removal of labourers from a country where the wages of labour are barely sufficient for their scanty subsistence to another country where labour is in great demand, and the climate at the same time suitable, must be a source of mutual benefit, and a work of high philan- thropy. To accomplish this equalization of sexes among Chinese emigrants,; we must tolerate Chinese ignorance and Chinese prejudice in regard to ma- trimony, which we shall find on examination to be, after all, not so far different from our own notions as might at first sight be supposed. Mr. White, in advocating the purchase of women might with equal truth have used a term less abhorrent to our notions of freedom and less suggestive of abuse ; for in reality the money and presents given to the parents of the bride are considered to be for the purpose of enabling them to send her to her husband's house pro- vided with a suitable wardrobe, and in a manner becoming their station., Per- haps the question propounded by the parents to the intending husband what sum of money he was willing to disburse to induce them to place their daughter at his disposal, might not to European ears appear more indecorous than would to Chinese ears the converse of the question as propounded by intending hus- bands in Europe to parents what sum of money they were willing to add as a dowry to their daughter, to induce him to place himself at her disposal. And both in China and England mercenary considerations in such engagements are admitted to be abnormal and improper. 6. It is true that such a bounty on marriage as that proposed, might induce some to select as their wives prostitutes from the numerous brothels within their reach ; but the better the class of emigrants selected, the less probability of this contingency ; and even should its occurrence be certain I cannot look upon it with any degree of apprehension ; on the contrary, I believe that very many of this unfortunate class of females, were such an opportunity presented to them of escaping from their terrible bondage, would most gladly avail themselves of it, and become thereafter grateful and virtuous wives ; for a great number of them, perhaps a large majority, are purchased as slaves in their infancy, and are so trained up for the express purpose of prostitution, that their mode of life can scarcely be termed voluntary. Here it is true they are free (and they constantly take advantage of their freedom in this manner), but on the mainland they are, I imagine, utterly without the power, if without the money, to obtain their liberty. I am glad that this subject is occupying the attention of Her Majesty's Government, for I consider it to be one of the greatest importance. 7. The very best stimulant of emigration to the West Indies would be, as Mr. White remarks, the return to China for a season of those who have already emigrated, earned money, and been well treated in the country of their tempo- rary adoption. 8. With regard to the treatment of emigrants on board their ships, the great desideratum is the selection of a good captain, for on him, more than on any arrangements that can be made before the departure of the vessel, depend the comfort, health, and good humour of the passengers. For this reason it is most desirable that a sufficient number of ships for the season's emigration be chartered in England. 9. The Passengers Act seems to me to be unnecessarily stringent, in regard to the number that each vessel is allowed to carry. Vessels hence to Califor- nia almost without exception, build deck houses for the accommodation of passengers, and when they find it more profitable than to carry cargo, they lay an orlop deck also for the same purpose. The American Passengers Act allows this • and the emigration officer (recently appointed, as your Grace was in- form'ed by my despatch of 4th* of May last), with my sanction, permits the * Page 9. nractice to continue, taking care only that fully twelve feet of space be allowed to each adult on the upper decks, and twenty-four feet on the orlop-deck— the (250.) C ( 18 ) height between the decks being six feet. This I consider to be fully sufficient for the preservation of health, and it satisfies both the Chinese passenger and the shipowner ; and I see no reason why the same indulgence should not be allowed to ships carrying emigrants to the West Indies. It is obvious that such a relaxation from the stringent provisions of the English Passengers Act, would materially diminish the cost to the colonies of each emigrant. The great points to be attended to are, the seaworthiness and ventilation of the vessel,, the quality and quantity of the provisions, and the space allowed to each pas- senger. If on these the emigration officer satisfy himself, I consider others of minor importance. 10. . It would be well, I think, if some local enactment were made to meet the peculiar situation of this place. Under present circumstances, though some effective control is absolutely requisite, the emigration officer is placed in the anomalous position of acting under a law of which he enforces not a great deal more than its general spirit ; to carry it out in the letter would, in my view, be productive of nothing but harm. It would simply drive away from our harbour a source of employment and wealth to the colonists, which it should be our anxious endeavour to foster and increase, and would not at the same time tend in any way to further the interest of the emigrant or of humanity. Such an enactment I purpose to submit to your Grace at a future time, when we shall have .had more experience of what is required : to delay it seems necessary, not only on the score of deficient knowledge, but also that it may, if possible, be made to square with the intention of the Emigration Commissioners in regard to the more permanent and systematic establishment of the West Indian emigration, and with further reference to the measures on the same subject, which, I am given to understand, it is the intention of Her Majesty's Government to bring before Parliament at an early period. 11. I would add, in conclusion, that if the Condmissioners think fit to employ the emigration officer already appointed here to organize measures for a regular supply to the West India Colonies of Coolie emigrants, instead of sending out a special agent for the purpose, this Governmeint will not object. He is, I believe, quite competent for the task, and, from his acquaintance with the language and. people, peculiarly fitted for it; but his services would be available as a supervisor only — want of time would cdnapel him to leave much of the details to some trustworthy subordinate. In the former capacity and as a correspondent of the Emigration Board, I have no doubt his services would be very valuable, and would require for their remuneration a much smaller expenditure than would be necessary in the case of an officer sent from England for the purpose. I make these remarks under the impression that Mr. White does not wish to return to China, and that the Commissioners may have some difficulty in finding a suitable successor. , That the emigration can be con- ducted only during one-half of the y^ar Is, perhaps, an additional reason for the 'employment as agent of some persoil not wholly dependent for support upon the emoluments of the office. '■■-'■ I have, &c. His Grace the Duke of Newcastle, (Signed) W. CAINE. &c. Sec. No. 10. • No. 10. Copy of DESPATCH from Lieut.-Governor Caine to the Right Hon. Sir George Grey. ,-.j _„^ Victoria, Hongkong, March 14, 1855. (ISO. ay.) (Received May 9, 1855.) gjjj (Answered, No. II, June 3, 1855.) I HAVE the honour- to enclose copies of proclanaation and notification ■pag^^H^-- — ' — recently promulgated in this colony on the subject of emigration. , : . I have, &c. The Right Hon. Sir George Grey, Bart. ( (Signed) W. CAINE. .,,. :&c.; &c. &c. -■ > ■'} ( W ) "• EndoBure in No. 10. Government Notification. With reference to the provisions of "The Passengers' Act, 1852" restricting the number of passengers to -which the required space of twelve feet has been allotted to one for every two tons of the ship's registered burthen, the emigration officer has been instructed to apply to all ships a tiniform standard of measurement, n&mely — that now or hereafter to be employed for ascertaining the capacity of British vessels. — Ships not registered under the latest Imperial Acts must therefore procure from the Government Surveyor a certifi- cate of their actual capacity before they can be passed by the emigration officer. By order, . W. T. Meecee, Colonial Secretary's Office, V^ictoria, Colonial Secretary, Hongkong, 9th March, 185.5. End. in No. 10. Enclosure 2 in No. 1 0. Peoclamation. End. 2 in No. 10. John BowEiNG. "— Wheeeas by a Proclamation dated 28th December 1853, made in pursuance of the 85th Section of "The Passengers' Act, 1852-," it was declared that the provisions and medicines supplied to passenger ships should be in accordanqe with certain scales in the said. Proclamation duly set forth, and whereas these scales have been found in some points UBSuited to the wants of Chiniese J)assehgers* it is hereby declared that with respect to passengers being Chinese or persons aqcustpmed to Chinese diet the supply of provisions and medicines for passenget ships may in future be as follows. Or such amount of provisions customari- ly used by Chinese as may in the judgment of the emigration offi- cer be capable of per- fect preservation dur- ing the passage, and be fully eq^uivalerit to this scale. [TJien follows a list of medicines, &c.,for every 100 passengers, and in like p7'opm'iion for any greater or less nu/mber.'\ Or such other medicines, disinfectants, and medical and surgical implements as a duly qualified medical practitioner may certify and the emigration officer may consider to be sufficient. Given under my hand and seal of the colony at Victoria, Hongkong, the 28th day of February, 1855. By His Excellency's command. W. T. Mercer, Colonial Secretary. Gop save the Qiteen. Provisions. Eice - lbs. IJ per diem Salted Provisions — wholly pork ; or - 1 f pork and -^ fish ; or - - - „' i So. I ^ pork, ^ beef, and ^ fish J Salted vegetai)les or pickles - „ i do. Watery imperial quarts - '- 3 do. Firewood lbs. 2 , . do. Tea - oz. 4- ' do. No. 11. Copy of DESPATCH from the Right Hon. Lord John Russeix to Governor Sir John Bo wring. (No. 11.) _ . „ Cjg ■ Downing Street, 5th June 1855. ' I have the honourto acknowledge the receipt of Lieut.-Governor Caine's Despatch, No. 39,* of the 14th of March last, enclosing copies of a notification and a proclamation which you have recently issued on the subject of emigration. In the former, you announce that in calculating the restriction of thenum- ber of passengers by the tonnage of the vessel, the system employed tor measuring the tonnage of British shjps will in. future be applied to all vessels emoloved in the carriage of passengers. 1 see no objection to this notification ; ^(250.) --^^ C2 No. 11. * Page 18. ( 20 ) but I have to inform you that in the Bill now before Parliament for the amend- ment of the Passengers' Act, it is proposed altogether to except from the tonnage check vessels sailing from Hongkong. The proclamation substitutes for the provisions and medicines required by the previous proclamation such provisions and medicines as may be approved by the emigration officer. This is unobjectionable in itself, but the law has not authorized the Governor to delegate such .power to the emigration agent. It will be necessary, therefore, that you should recall the proclamation and should issue a fresh one, comprising, as far as possible, the whole list of sub- stitutes which may be considered advisable. I may take this opportunity of informing you that it is in contemplation to introduce into Parliament a measure designed expressly for the repression of abuses in Chinese emigration ; and I shall put you in possession of the provi- sions of the Bill as soon as it is prepared. I have, &c. Sir John Bowring, (Signed) J. RUSSELL. &c. &c. No. 12. No. 12. Copy of a DESPATCH from Governor Sir John Bowring to the Right Honourable Lord John Russell, M.P. Government Offices, Victoria, Hongkong, (No. 136.) September 12, 1855. (Received November 10, 1855.") My Lord, (Answered November 23, 1855.) In compliance with the instructions convej'^ed in your Lordship's ' Page 19. despatch No. 11 ,* of 5th June last, I have the honour to report that the pro- clamation of 28th February, 1855, regulating the scale of provisions and medicines to be carried in emigrant ships, has been cancelled, and another, of which copy is enclosed, has been issued in its stead. I have, &c. The Right Hon. Lord John Russell, M.P. (Signed) JOHN BOWRING. &c. &c. &c. End. in No. 12. Enclosure in No. 12. Pboclamation. John Bowring. Whereas under proclamation dated 28tli February 1855, certain powers were unduly delegated to the emigration officer at this port, it is hereby declared that the proclamation aforesaid shall be, and the same is, annulled from this date ; and that with respect to passengers, being Chinese or persons accustomed to Chinese diet, the supply of provisions and medicines for passenger ships shall in future be as follows : — Provisions. Rice, . - . - - . . - H lb. per diem. Salt provisions, — wholly pork ; or f pork and ^ fish ; or ^ pork, ^ beef, and ^ fish, -- i Salted vegetables or pickles, - - . _ . . 1 Water, 3 i^p, ^^g Firewood, -------.- 2 lb.' Tea, ------ -----loz. [Then follows a scale of me 100 „ 60 3J 80 „ 45 )> 60 „ 65 )> 80 „ 75 )J 90 „ 20 3> 20 „ 20 JJ 45 „ 30 J3 60 „ 45 )) 70 „ 50 JJ .. 75 „ 60 )> 80 „ 60 5J 80 „ 65 i> 85 „ 147 >7 68 „ 162 JJ , 84. „ 20 3» '^ 45 „ (250.) 'T)2 End. 3, in No. 18. ( 28 ) Enclosui'e 3 in No. 18. (No. 18.) Government Notification. In continuation of Government Notification, No. 12, it is hereby further intimated that the " Chinese Passengers' Act, 1855 " has now been officially communicated to this Government ; and his Excellency the Governor desires to point out, for general infor- mation, that in consequence of an alteration made in the House of Lords the "note " to Schedule A. has become inconsistent with the body of the Act, and that the penalty for breach of the regulations has been reduced from forfeiture of the ship and a fine to a misdemeanor. By Order, W. T. Mercer, Colonial Secretary's Office, Victoria, Hongkong, Coloifial Secretary. February 4, 1856. NO 8. No. 19. Copy of a DESPATCH from Governor Sir John Bowring to the Right Hon. H. Labodchere, M.P, (No. 78.) Government Offices, Victoria, Hongkong, May 7, 1856. Sir, (Received July 7, 1856.) Pago 26. In reply to your despatch. No. 36,'^' of 7th March last, I have the honour to state that the Chinese Passengers' Act was published in the Government Gazette of this colony on the 25th January last, and that the following noti- fications have been issued in the said Gazette with reference thereto. No. 13 (proclamation), of 26th January; No. 18, of 4th February ; No. 22, of 1.5th February; No. 34, of I4th March; No. 46, of 9th April; No. 51, of 22nd April ; arid a notification from the department of the superintendent of trade, dated 12th March. Of these I beg to forward all the available copies herewith ; viz., 25 of Nos. 13 and 51 ; 12 of Nos. 18, 34, and 46; and six of No. 22; together with two of the notification from the superintendency of trade. I have, &c. > (Signed) JOHN BOWRING. Right Hon. Henry Labouchere, M.P., &c. &c. &c. . End. 1 in No. 19. Enclosure 1 in No. 19. [Proclamation, No. 13, January 26, 1856, see page 32.] End. 2 in No. 19. Enclosure 2 in No. 19. [Government Notification, No. 18, February 4, 1856, see page 38.] End. 3 in No. 19. Endosure 3 in No. 19. (No. 22.) Government Notification. It is hereby notified that the following fees are charged by the Government surveyor for certifying the seaworthiness or capacity of emigrant ships under the " Chinese Passengers' Act, 1855 : " — Certificate of seaworthiness - - - - - ^^16 Certificate of admeasurement (when required) - - - 16 By Order, (Signed) W. T. Mercer, Colonial Secretary's Office, Victoria, Hongkong, Colonial Secretaiy. February 15, 1856. ( 29 ) Enclosure 4 in No. 1,9. End. 4 in No. 19 GOVEENMENT NOTIFICATION. ' Diplomatic Department. His Excellency Her Majesty's Plenipotentiary and chief superintendent of British trade in China, fee, &c., has received instructions from the Earl of Clarendon, to the effect that no British vessel is to be permitted to depart with Chinese emigrants for any foreign country until she shall have proceeded to Hongkong, where the emigration officer will be charged to ascertain that the conditions of the Chinese Passenger Act have been fulfilled ; and Her Majesty's consular authorities are required to notify these instructions of the Secretaiy of State in their several jurisdictions. Her Majesty's Naval Commander-in-Chief will instruct aU officers under his authority to assist the Consul in giving effect to the orders of Her Majesty's Government. By order, (Signed) G. W. Cmne, In the absence of the Officiating Secretary Superintendency of Trade, Victoria, to H.B.M.'s Plenipotentiary. Hongkong, March 12, 1856. Enclosure 5 in No. 19. End. 5 in No. 19. (No. 34.) Government Notification. In order to prevent difficulties arising on board emigrant ships at the moment of intended departure, through unfounded statements by the passengers that their contracts were not properly explained at the time of signature, persons engaging emigrants for labour in the Colonies are advised to convey each labourer before the emigration officer, or before a magistrate, who shall fill in the contract with a full description of the intending emigrant, and certify in the form following, that its purport has been fully and intelligibly explained. At present no fee will be charged for such attestation : Form. Name and Surname of the Labourer contracting {to he vjritten in the Chinese as well as in the English character). Age, Native Province, District, and Place, Descriptive Marks, I certify, that on this day of 185 , in my presence, the within contract was fully, distinctly, and intelligibly (as I believe) explained to the above-named Labourer in a dialect which he understood ; that he expressed himself willinc to be bound by its terms ; and that he received into his own hands, in my presence, the sum of dollars, as ^advance wages. ^ (Signed) A. B. Justice of the Peace for HongkoHg. The attention of merchants and others interested in the emigration business is specially called to the above intimation. By order, (Signed) W. T. Mercer, Colonial Secretary's Office, Victoria, Hongkong, March 14, 185G. Colonial Secretary. Enclosure 6 in No. 19. End. 6 in No. 19. (No. 46.) Government Notification. In order to prevent unnecessary delay in the despatch of Chinese passenger ships reported ready 'Yor sea, notice is hereby given that— 1 It is not permitted to enter any of the passengers on the ship's articles as cooks ' or stewards (if their names be excluded from the passenger Hst) notwithstanding that compensation is made, by a remission of passage-money for their services in these their respective capacities. 2. The ship will be detained if passengers whose respective ages exceed 12 years be entered on the list as childi-en. (25J.) D 3 ( 30 ), 3. To the passenger list must be appended the names of the cabin passengers, if any, the description and number of the crew, and all persons on the ship's articles (mentioniug the number of Chinese) ; and a memorandum of the total number of souls on board the ship. By order, (Signed) W. T. Mercer, Colonial Secretary's Office, Victoria, Colonial Secretary. Hongkong, April 9, 1856. End. 7 in No. 19. Enclosure 7 in No. 19. (No. 51.; Government Notification. It is hereby notified for the information of masters of ships carrying Chinese passengers, and improvided with the improved apphances usually found in vessels of modern construction, and generally for the information of all interested, that in addition to a windsail for every hatchway, it is required that a constant supply of fresh air be ensured to the between decks in bad weather, by fitting at each end of the space set apart for passengers, two funnels of wood or metal, four in aU, with moveable heads, in manner following, that is to say, the body of the air funnel to reach from under- * neath the lowermost deck overhead to a height of 3 or 4 feet above the uppermost deck, and to pass through holes cut for the purpose in either side of the deck, and made water-tight by a canvas coat or other suitable means. The attention of the emigration officer has been called to the above regulation. By order, W. T. Mercer, Colonial Secretary's Office, Victoria, Colonial Secretary. Hongkong, April 22, 1856. No. 20. No. 20. Copy of a DESPATCH from Governor Sir John Bowring to the Right Honourable Henry Labocchere, M.P. Government Offices, Victoria, Hongkong April 11, 1856. (No. 59.) (Received June 7, 1856.) SlR^ (Answered No. 95, August 11, 1856, Page 39.) I HAVE the honour to report that, during the past month of Marchv two cases were brought to my notice of intended violation of the Chinese Pas- sengers' Act. One was that of the ship " Levant," which has been seized, and is now in custody of the Marshal of the Vice- Admiralty Court ; the other that of the " General Blanco," which, it is to be feared, has succeeded in starting on her disastrous voyage. Both vessels sailed under the Hawaian flag, and were owned by the same person. The enclosed correspondence will give full particulars, and after the decision in the case of the " Levant," I shall have the honour of again a,ddressing you. As regards the " General Blanco," she was out of colonial jurisdiction when intelligence of her proceedings reached the authorities ; but 1 am anxious to be advised if the position taken by Rear- Admiral Sir James Stirling be correct ; that though she possessed no national rights, and was violating a law, no matter of what nation, he was not justified in seizing her on the high seas. It will be perceived that I made immediate appeal to the Governor of the Portuguese settlement of Macao, who endeavoured, but unsuccessfully, to detain the " General Blanco," for whose passengers I entertain grave apprehensions. T n3VP oCf The Right Hon. (Signed) JOHN BOWRING. Henry Labouchere, M.P. &c: &c. ( 3i ) Enclosure 1 in No. 20. End. 1 in No. 20. (No. 168.) Colonial Secretary's Office, Victoria, Hongkong, ^^^' „, ^ , March 17, 1856. With reterence to my private communication made to you yesterday (Sunday) I am directed by his Excel ency to ascertain from you full particulars conceraing the ship J.evant, which is stated to have been anchored in this harbour, and to have left with passengers, and without a certificate from the emigration officer. n . • nr ,^ • -r^^^ I haVC, &C. Captain Watkins, R.N., (Signed) W. T. Mebcee, Harbour Master. Colonial Secretary. Enclosure 2 in No. 20. End. 2 in No. 20. (No. 17.) Harbour Master's Office, Si^' Victoria, Hongkong, March 18, 1856. In reply to your letter of the 17th instant. No. 168,- 1 beg to report that the " Levant " arrived at Hongkong from Whampoa on the 31st January ultimo, and dropped down to Green Island on the 15th instant, where she still remains. The "Levant" is under the Hawaian flag, and commanded by Albert Wood ; the owner I believe is a Mr. McCormick, a Hawaian subject, now I imderstand at Whampoa. The crew of the vessel were partly entered at this office, and the ship's articles are still here, to have the remainder of her complement added, when they can be procured. I have, &c. The Hon. W. T. Mercer, Esq., (Signed) Thos. V. Watkins. Colonial Secretary. &;c. &;c. Enclosure 3 in No. 20. End. 3 in No. 20. (No. 184.) Government Offices, Victoria, Hongkong, Sir, March 19, 1856. I HAVE the honour to apply to your Excellency for assistance under the following circumstances : — The ship " Levant," owned, as reported, by a Hawaian subject, but possessed of no register, sailing letter, or other sufficient papers, is lying off Green Island with say 200 Chinese passengers on board, having dropped down beyond harbour limits yesterday evening. The Chinese passengers are bound for Melbourne, and I believe it is intended to clear the ship, if possible, for Macao, the voyage for which being under seven days' duration, the vessel is assumed to be beyond the provisions of the Chinese Passengers' Act. But the ship's articles are in custody of the harbour master, who is instructed not to deliver them up, till the master, by anchoring again within the harbour, shall place himself in a position to demand them. I am this instant given to understand the vessel is now moving once more within the harbour limits for this purpose. By the interpretation clause of the Chinese Passengers' Act the " Levant " comes clearly under the definition of a Chinese passenger ship, as carrying from this port " more than twenty passengers, being natives of Asia." As regards her plea, if offered, that her voyage is to Macao, and therefore, by its dura- tion, not bringing her under the Act, the passengers themselves will overset this, as will also the fittings, the provisions, and the general preparations made. I should here remark that the " Levant " has no certificate, nor has she applied for such, from the emigration officer of this colony. Under section 6 of the Act the commander of a ship of war belonging to Her Majesty has power to search a vessel such as this, and by section 10 to seize and detain her. I therefore request your Excellency's assistance, as Her Majesty's Government have issued stringent instructions that this Act of Parliament be firmly enforced, and by section 1 1 of the Act, no responsibility will attach to any naval officer for acts don° as above advised. The Attorney-General will advise further proceedings when the " Levant is reported under seizure. • m As your Excellency may remark, that it is in the power of the emigration officer to make the seizure under section 6, I would observe that the naval authority is first specified under that sectioa,-aBtU, lso t h a t it is-a4 yi fiable te employ an armed force to prevent opposition. (250.) D 4 ( 32 ) The " Chinese Passengers' Act, 1855 " is published, should your Excellency not be fur- nished with a copy of it by authority from home, in the Government Gazette of this colony, 2nd February 1856. I have further to suggest to your Excellency that, independently of the operation of the Chinese Passengers' Act, the " Levant " is liable to seizure and legal proceedings on the ground of insufficient papers. I have, &c. His Excellency, (Signed) John BoWRiNG, Rear Admiral Sir James Stirling, Governor, &c. ■ &c. &c. &c. End 4 in No 20 Enclosure 4 in No. 20. (No. 185.) Colonial Secretary's Office, Victoria, Hongkong, - Sir, March 19, 1856. The ship " Levant," apparently unregistered, is reported to have, say, 200 Chinese . passengers on board for Melbourne, and has applied for her ship's articles, in possession of the harbour master, the master giving out that he is bound for Macao. His Excellency the Rear-Admiral has been written to, but Sir John Bowring is afraid that active assistance may not be rendered by the navy, though the Admiral's reply has not yet been received. It is possible, however, that the Admiral may require some application from the emigra- tion officer, who has like power to seize under the Act ; and his Excellency the Governor therefore directs you to make full inquiry into the circumstances of the " Levant's case, then to apply to the Admiral for aid, and finally to report proceedings to this office for his Excellency's information. I have, &c. (Signed) W, T. Merckr, The Hon. C. B. Hillier, Esquire, Colonial Secretary. Emigration Officer. &c. &e. End. 5 in No. 20. Enclosure 5 in No. 20. ■ Winchester, at Hongkong, Sir, , March 20, 1856. I HAD the honour to receive yesterday evening your Excellency's Despatch of yesterday's date, and having had this raoi'ning a conference with you, I now proceed to reply to tlie application for assistance contained in that communication. In the first instance, I have the honour to state that I am ready and willing to despatch, at an instant's notice, such assistance as may be sufficient, in men and boats, to prevent opposition, by persons on board the ship " Levant," to the legal exercise of authority on the part of any ofiicer appointed by your Excellency to give efi'ect, within the limits of this colony, to the provisions of the Act for the regiilatioh of Chinese passenger ships. I only await the expression of your wishes in this respect, and in the meantime suggest that such officer be sent at once to my flag-ship, in order that the necessary force may accompany him from this to the " Levant." In the 9th, 10th, 11th, and 12th paragraphs of your Excellency's Despatch it is intimated that a commander of a ship of war belonging to Her Majesty has power to search a vessel such as the " Levant," and to seize and detain her, and that no responsi- bility will attach to naval officers for such proceedings ; and that the Attorney-General will advise further proceedings when the " Levant " shall be reported tinder seizure ; and your Excellency requests my assistance to enforce the Act in question, it being, as you inform me, the desire of Her Majesty's Government that the Act should be enforced with firmness. In these circumstances, I am naturally anxious to give effect to your Excellency's application, and I have to notify to you that in the event of your considering it impossible tliat the seizure or detention of the " Levant" can be effected by any officer appointed by you to carry out the provisions of the Act, I shall, in this instance, direct a naval officer to detain her until further instructed. Awaiting your Excellency's reply, I have, &c. (Signed) Js, Stirling, Governor Sir John Bowring, Rear-Admiral and Commander-in-Chief. &c. &c. &c. ( 33 ) Knclosure 6, in No. 20. End. 6 in No. 20. ^ (No. 188.) Colonial Secretary's Office, Victoria, Hongkong, ^^^> , March 20, 1856. Our Dr. Harland's certificate, his Excellency sanctions your leave of absence to Macao for 10 days, as applied for by you in your letter, No. 19, of this date. Before your departure, however, I shall be obliged by your giving me further particulars about the ship "Levant," in addition to those furnished in your letter. No. 17, of 18th instant. It is necessary to know what steps you took on learning that the "Levant " had no regular papers ; at what date you ascertained that she had Chinese passengers on board ; whether inquiry (and of what nature, and when) was made by you into the peculiar position of this ship ; and if she complied with all the harbour regulations previously to her leaving the harbour and dropping down to Green Island, on the 15th, as reported by you on the 18th. It is of great importance tliat you supply, without delay, a detailed account of the movements and transactions of this ship while under your authority in this harbour, and the measures adopted by you, from time to time, with reference to her. I have, &c. (Signed) W. T, Mekcer, Captain Watkins, RN., Colonial Secretary. Harbour Master. Enclosure 7 in No. 20. E„^l_ 7 ;„ ^^_ ^0. (No. 7.) Emigration Office, Hongkong, SiK, March 21, 1856. I HAVE the honour to acknowledge the receipt of your letter, No. 185, of 19th instant, and, from inquiries made on board the " Levant " and elsewhere, am enabled to report, for the information of his Excellency the Governor, as follows : — The " Levant," a ship of 382 tons, sailed under the flag of the United States of America, and was recently sold to James McCormick, an American citizen, naturalized, under the Government of the Sandwich Islands, who chartered lier to a Chinese named Chong Ahoy, for the conveyance of emigrants to Melbourne. I have seen the bill of sale and a com- munication from Mr. Jardine, the Hawaian Consul, to the effect that a sailing letter will be granted as soon as the usual documents are presented for verification. It was arranged that she should prepare for sea in this harbour, get a clearance for Macao, take her passengers on board in the vicinity of this city, beyond the limits of the port, then proceed for emigration papers to Macao, and thence to Melbourne. Through a mistake of the mate, she sailed beyond these limits and took on board her passengers before she had obtained a port clearance from the liarbour master, and this document being, in consequence, refused, she returned to the harbour with her passengers on board. It is stated that a portion of these were, through inadvertance, embarked within the limits of the port ; but of this I have not yet been able to obtain any certain information. No notice was given to the emigration officer that the ship wasfitting for passengers. Mr. McCormick informs me that he despatched the Hawaian ship "Emma "from this place under similar circumstances, and intends to pursue the same course with the ship " General Blanco," sailing under the same flag, being assured by his legal adviser that by so doing he does not infringe the provisions of the Chinese Passengers' Act of 1855. Under these circumstances, before attempting to move his Excellency the Kear- Admiral to so serious a measure as the seizure of the vessel, I beg for the opinion of the legal adviser to the Government whether, on the facts stated, this ship has become liable to forfeiture, under the 8th section of the Chinese Passengers' Act. I have, &c. The Hon. W. T. Mercer, Esquire, (Signed) C. B. Hilliee, &;c &c. &c. Emigration Officer. (Copy.) I see nothing in the circumstances above detailed to warrant a delay. No time should be lost in seizino- the vessel for the purpose of forfeiture, under the Chinese Passengers' Act. The harbour regulations ordinance, which has been violated,' as appears by Captain Watkins' letter, ought also to be enforced. I cannot advise the postponement of process until to-morrow, as it is doubtful how far it can be legally executed on a Sunday. Easter Monday, again, is a close holiday. If the vessel proceeds to sea in the meantime, it will be hard to clear the Executive of the laches which will have enabled her to do so. (Signed) T. Chisholm Anstet. Attorney-General's Office, March 22, 1856. The emioration officer must act on the Attorney-General's opimon. ° By order, (Signed) "W. T. Meecee, Colonial Secretary. (250.) E ( 34 ;) End. 8 in No. 20. (No. 22.) Enclosure 8 in No. 20. Sir, ' Victoria, Hongkong, March 21, 1856. In reference to your letter of the 20th instant, No. 188, I have the honotp: to report, — 1st. That I was not aware, nor had I any suspicion, that the '^ Levant." had no regular papers : some time after the vessel's arrival from Whampoa the crew were discharged, and, when the master came to enter a fresh crew, he brought .the ship's register to the oifice, merely that the tonnage might he taken from it and inserted in the new articles ; being under a foreign flag, with a Consul at the port, he is the person in whose custody the papers ought to be placed, and who would judge as to whether they were correct and regular or not ; the articles were brought to the shipping office at the request of Mr. Jardine, simply for the convenience of entering the men there at once, until the crew was completed, instead of giving the men the trouble of going to East Point. 2nd. The date I first ascertained that the " Levant " had Chinese passengers on board was Sunday last, the 16th instant, communicated by the note of Mr. Murrow enclosed in yours of that date. 3rd. On Monday, the l7th instant, I sent to ascertain the position of the "Levant," what Chinese passengers she had on board, and the reason for her moving down, but was unable to remain at office, and for hours totally unequal to any effort or exertion from a severe attack of diarrhoea and fever; the " Levant " was then within the limits of the harbour, and had a number of Chinese on board. 4th. Before the " Levant " dropped down to Green Island on the 5th instant, she had complied with all the regulations of the port as far as I have any means of judging. 5th. During the night of the 18th instant, the " Levant " left the harbour and returned again on the 19th, as reported in my letter of that date: after office hours on that day, application was made to the acting chief clerk for a clearance, and refused on the ground of her not having the emigration officer's certificate : on the following day the application was renewed for a clearance for Macao, and again refused ; the circumstance being re- ported to you, as I understand, by the acting chief clerk. I have, &c. (Signed) Thos, V. Watkins, Hon. W. T. Mercer, Esquire, Harbour Master. Colonial Secretary. End. 9 in No. 20. Enclosure 9 in No. 20, (No. 190.) Government Offices^ Victoria, Hongkong, Sir, March 22, 1856. In acknowledging your Excellency's reply of the 20th to mine of the 19th instant, I beg to infoijn your Excellency that in my opinion, confirmed by that of the Honourablte the Attorney-General, there is no authority here to whom I could, imder the Chinese Passengers' Act; and the circumstances of this case, delegate authority to seize or detain the ship "Levant," until at least after an appeal for this service to your Excellency. That appeal I have now the honour to make, and I am informed that the ship in question is expected to leave the harbour instantly. I have, &c. (Signed) John Bowring, His Excellency Rear- Admiral Sir James SfcirHng, Governor, &c. &c. &G. &c. End. 10 in No. 20. (No. 8.) Endosure 1 in Na 20. Sir, " Winchester," at Hongkong, March 22, 1856. I HAVE the honour to inform you that in compliance with the requisition for assistance contained in your despatch of the 19th instant, and still further urged in your communication of to-day, I have caused the Hawaian ship " Levant " to be seized and detained this evening, and for further security removed to an anchorage near this ship. Having taken these steps solely with a view of giving effect to your Excellency's application for aid, and having no intention on my own part to proceed against the vessel seized, and it being necessary that the officer and seamen of the " Winchester," at present in custody of the " Levant," should return to the " Winchester " as speedily as possible, I request you will give directions for such proceedings to be taken as you may see fit to adopt, in order that the naval department may be relieved of further charge. I have, &c. • (Signed) James Stirling, Governor Sir John Bowring, Rear-Admiral and Commander-in-Chief &c.' &c. ( 35 ) Enclosure 11 in. No. 20. End. 11 in No. 20. (Wo. 8.) Emigration Office, Victoria, Hongkong, ^^^' March 22, 1866. • ^^^ 1 ^^^"^"^ *o report for the information of his Excellency the Governor that, immediately on the receipt of the Attorney-General's opinion covering the facts detailed in my letter. No. 7, of 21st March, I waited on his Excellency the Eear-Admiral, placed these documents m his hand, and said that I had been instructed by his Excellency the Governor to ascertain the circumstances attending the departure of the "Levant," and f ^^^nt i ^^^ ™^S^* ^® enforced against her in conformity with the 10th section ot the Ghinese Passengers' Act, 1855. That these circumstances were as stated in my letter, with the difference that, after further enquiry, I had no longer a doubt that the vessel had embarked a considerable portion of her passengers within the limits of the port, and had sailed beyond the Hmits with these on board. I added that, although the Act conferred on me no power to seizej I was quite ready to point out the vessel, and to accompany for this purpose any force that might be sent in execution of the law ; and, lastly, I suggested the probability that, unless the measures taken were of a very prompt character, endeavours would be made to withdraw the ship from British jurisdiction. To a,Il which, after a conversation of some length, his" Excellency finally replied that he was willing to enforce the law if the Colonial Government would assure him that they had no officer of their own competent to this service ;. that he had already written to his Excellency the Governor to this effect, and now awaited a reply. Soliciting,'therefore, the further instructions of his Excellency the Governor, I have, &c. The Right Hon. W. T. Mercer, Esq., (Signed) C. B. Hillier, Colonial Secretary. Emigration Officer. Enclosure 12 in No. 20. End. 12 inJSTo. 20. (No. 192.) Government Offices, Victoria, Hongkong, Sir, March 24, 1856. I HAVE the honour to acknowledge the receipt, on Saturday evening, of your Excellency's letter, informing me of the seizure and detention of the ship " Levant," in compliance with my requisition for assistance from the naval authorities. In furtherance of your desire that the naval force in charge of this vessel be relieved without unnecessary d^elay, I have consulted the Honourable the Attorney-General, who advises that the naval officer making the seizure apply to Mr. Gaskell, Queen's Proctor, under sections 10 and 11 of the Chinese Passengers' Act. The Proctor will thereon apply to the Marshal of the Vice- Admiralty Court to take charge of the ship, and your Excellency will not be troubled with the further custody of her. The Attorney-General shall be instructed to look after the subsequent proceedings, and the Colonial Secretary has communicated with Mr. Gaskell. I am, &c. Rear-Admiral Sir James Stirling, (Signed) John Boweing, &c. &c. &c. Governor, &c. Enclosure 13 in No. 20. End. 13 in No. 20. (No. 193.) Colonial Secretary's Office, Victoria, Hongkong, SiE, March 24, 1856. The ship " Levant " has been seized, at the request of his Excellency the Governor, by the naval authorities for breach of the Chinese Passengers' Act, 1855. His Excellency the Rear-Admiral is anxious to be relieved from the charge of her as soon as possible, and I am instructed to desire that you will place yourself, as Queen's Proctor, in communication with the Honourable the Attorney-General, and take, without delay, the necessary steps for bringing the case into the Vice-Admiralty Court, and placing the vessel in custody of the Marshal. The Admiral is anxious that the depositions be taken to-day. I have, &c. WiUiam GaskeU, Esq., (Signed) W. T. Meecee, Queen's Proctor. Colonial Secretary. Enclosure 14 in No. 20. End. 14 in No. 20. (No 195 ) Colonial Secretary's Office, Victoria, Hongkong, Sir , March 24, 1856. With reference to your letter No. 22, in reply to mine. No. 188, I have the honor to make the following observations : — You say that the master of the " Levant " brought the ship's register to your office. But it was at your office that I learnt that the ship had no register, and from subsequent inquiry I am led to think still that she has none. (250.) E 2 ( 36 ) Again, you say that the ship was under a foreign flag, with a consul at this port. I must point out that this Government is not aware of any Hawaian Consul at this port, so that, even admitting the "Levant's" right, which is more than doubted, to fly the Hawaian flag, it is in yoiir office that her papers would be pi-operly deposited. And, again, you state that the " Levant," before dropping down to Green Island, had complied with port regulations as far as you had the means of judging. As the harbour master is fully furnished with these means, it is presumed that the blue-peter was hoisted as required by section 9 of the Harbour Ordinance ; but it is to be regretted that you did not ascertain the circumstances under which the " Levant " was leaving, and make these known at once to the emigration officer or myself. As the matter stands, a flagrant breach of the Chinese Passengers' Act has been, to all appearance, deliberately committed or planned in this harbour, and no notice has been taken of it by the proper authorities. However, the vessel is now seized, and will be brought into the Vice- Admiralty Court for adjudication, so it is only necessary for me to call your attention to the point I have first above mentioned, and request to know if a register was at any time produced to you by the master of the " Levant." I have, &c. * Captain Watkins, R.N,, (Signed) W. T. Mercer, Harbour Master. Colonial Secretary, End. 15 in No. 20. Enclosure 15 in No. 20. (No. 198.) Colonial Secretary's Office, Victoria, Hongkong, Sir, March 25, 1856. I HAVR to request that you will forward to me, under sealed cover, the ship's articles of the " Levant," of which I verbally directed you to retain possession. I should wish these by 1 1 a.m. to-morrow at latest. I have, &e. H. Gunthorpe, Esq. (Signed) W. T. Mercer, Harbour Master's Office. Colonial Secretary. End. 16 in No. 20. Enclosure 16 in No. 20. (No. 199.) Colonial Secretary's Office, Victoria, Hongkong, Sir, March 25, 1856. In reply to your letter, No. 8, of 22d instant, this day received, I have the honor to inform you that steps have been already taken to place the ship " Levant " in the Vice- Admiralty Court. Should further instructions to you be necessary, you will either hear from the Queen's Proctor, or I shall have the honor of again communicating with you. I have, (fee, Tlie Hon. C. B. Hillier, Esq., (Signed) W. T. Mercer, Emigration Officer. Colonial Secretary. End. 17 in No. 20. ' Enclosure 17 in No. 20. Harbour Master's Office, Victoria, Hongkong, Sir, March 26, 1856. In conformity witli request, communicated by your letter, No. 198, of yestei'day's date, I have the honor to enclose lierewith the articles belonging to the ship " Levant." I have, &c. The Hon. W. T. Mercer, Esq., Colonial Secretary, (Signed) Henry Gunthorpe. &c. &c. &c. End. 18 in No. 20. Enclosure 18 in No. 20. (No. 201.) Government Offices, Victoria, Hongkong, StE, March 27, 1856, I HAVE the honour to bring to your Excellency's notice another flagrant case of violation of the Chinese Passengers' Act, 1855, similar in all respects, save one, to tl^at of the ship " Levant," in which your Excellency has already rendered the colonial authorities your valuable assistance. The " General Blanco " belongs to the same owner as tlie " Levant," is said also to fly the Hawaian flag, without any papers, and to have embarked hefe a lai^e number of Chinese passengers for the colony of Victoi'ia. ( 37 ) _ I am given to understand that it is intended to land these men at a place on the coast called Twofold Bay, a considerable distance from Melbourne, which city there will be no probability of their reaching from the bay in question. If this be true, nothing but death by starvation awaits these unfortunate men. The case of the " General Blanco " differs from that of tlie " Levant " in this,— she is lying just outside this harbour, whereas the " Levant," though she proceeded outside, was induced to return, and was thus brought within the jurisdiction of the colony. With the " General Blanco," however, we have no means of interfering, and I have no alternative but to bring the above facts to the notice of your Excellency, in the hope that your Excellency will exercise your authority and prevent the prosecution of this disas- trous voyage by seizing the " General Blanco," which, as I have said, is reported to be possessed of no papers, and cojisequently of no national rights or privileges, and has on board a very large number of natives of Asia. , It is given out that this ship intended to make for Macao in the firat instance. I have, &c. His Excellency Rear-Admiral (Signed) John Bowtitng. Sir James Stirling, Knt., &c. ■ &c. Enclosure 19 in No. 20. End. 19 in No. 20. " Winchester," at Hongkong, Sir, March 28, 185G. I HAVE the honour to acknowledge the receipt of your Excellencji-'s Despatch of yesterday, in whicli you call my attention to the ease of tlie " General Blanco," a ship which you represent to be under the Hawaian flag, and at present lying just outside tliis port, and beyond the jurisdiction of this colony ; and in which you inform me that, as, under the circumstances stated, you have not any means of interfering with the " General Blanco," you entertain a hope that I will exercise my autliority and seize her, and tliereby prevent her from proceeding on the disastrous voyage she is supposed to have in con- templation. I have the honour to inform your Excellency, in reply, that I have no authority to seize and detain a ship for having violated the Chinese Passengers' Act, even when proof of such violation may be exhibited to me, such ship not being a British ship, and not within Her Majesty's dominions. I have, &c. Governor Sir John Bo wring, (Signed) Js. Stirling, .&c. &c. Rear-Admiral and Commander-in-Cliief. Enclosure 20 in No. 20. End. 20 in No. 20. (No 210.) Government Offices, Victoria, Hongkong, gljj^ " " March 28, 1856. I HAVE the honour to bring to the notice of your Excellency that the ship "General Blanco " has left this harbour for Macao, on her Avay to the Au.stralian colonies, with a caro-o of Chinese passengers. She quitted this port without the emigration officer's certificate, or a port clearance from the harbour master, and is understood to be possessed of no legal papers, and to have no claim to the rights and privileges of any national flag. As I have reason to fear that fraud and injury to the unfortunate emigrants are con- templated, I beg that, should the "General Blanco" come within your Excellency's iurisdictio'n, your Excellency will take such steps in the matter as tlie claims of humanity mav dictate and the laws of Portugal permit. •' I have, &c. His Excellency Governor Guimaraes, (Signed) John Bowring. &c. &c. &c. Enclosure 21 in No. 20. (Translation.) End. 21 in No. 20. Most Illustrious and most Excellent Sir, I HAVE the honour to acknowledge the receipt of your Excellency s despatch ot of the 28th ultimo, informing me that the ship " General Blanco," had sailed irregularly from the port of Hongkong, and that she was bound to Macao. Whilst thanking you for this information, I have to state that the ship m question actually appeared^'at anchor in Macao Roads yesterday morning. The master landed nnd RDDlied at the harbour master's oflice for a clearance, but this was refused him by my ■ nrders until he had produced i)apers authorizing him to sail lawfully. The master showed only a clearance from Macao fi-om the harbour master of Hongkong, a deed of sale of the (250.) ^' 3 ( 38 ) vessel, and some kind of register signed by Mr. Jardine as consul for the Sandwich Islands, the flag of -which islands the ship was flying. When the master was asked respecting the cargo of the vessel, he at first hesitated to give an answer, but afterwards stated that he had some Chinese passengers on board, but not Coolies. Having received the harbour master's report of what was taking place, I desired him to proceed on board the ship and inquire iuto the description of her passengers, and to take such measures as humanity and the laws dictated in respect of Chinese emigrants ; and also to ascertain aU further particulars connected with the ship ; but this inspection could not be effected, as the vessel set sail the same evening, and, as it appears, and is reported, has proceeded to Hongkong. God preserve your Excellency, Macao, April 2, 1856. (Signed) IsiDOEO F. Guimaraes. The most illustrious and most excellent Sir John Bowring, Governor of Hongkong and Her Britannic, Majesty's Plenipotentiary in China. True translation. (Signed) L D'AmADA e Castro. No. 21. No. 21. Copy of a DESPATCH from Governor Sir John Bowring to the Right Hon. H. Labouchere. Government OflSces, Victoria, Hongkong, (No. 109.) July 5, 1856. Sir, (Received Sept. 5, 1856.) ' I HAD the honour in despatch No. 59, of 11th April last, to report the seizure of the ship " Levant," for violation of the Chinese Passengers' Act, and I mentioned that after adjudication of the case bj the Vice- Admiralty Court I should again have the honour of addressing you on the subject. I have now to state that on the I7th ultimo the Judge condemned the ship to a fine of 100/. and costs, and I enclose a letter from the Attorney-General in which that officer complains of the inadequacy of the punishment, in opinion as to which I myself concur, when I consider the nature of the offence, and the expediency if not necessity of making severe example of the first case occurring under the Act. I have, &c. The Right Hon. H. Labouchere, (Signed) J. BOWRING. &c. &c. &c. No. 22. ^^- ^^• Copy of a DESPATCH from Governor Sir John Bowring to the Right Hon. H. Labouchere, M.P. Government Offices, Victoria, Hongkong, (No. 113.) July 8, 1856. SiK, (Received Sept. 5, 1856.) * Page 43. Since writing my despatch, No. 109,* of 5th instant, I have learnt that an attempt was made, on behalf of the owner of the " Levant," to procure the remission of that part of the Judge's decree which condemned him in costs. The motion was heard yesterday and failed, as will be seen from the en-, closed letter of the Attorney-General, and the case may now be considered finally settled. I have, &c. (Signed) JOHN BOWRING. The Right Hon. H. Labouchere, M.P., &c. &c. &c. K 39 ) Enclosure in No. 22. End. in No. 22. The " Levant." Attorney-General's Office, Hongkong, ^^^' July 8, 1856. This case was again brought on yesterday by the advocate for the claimant, who moved that so much of the Chief Justice's decree as gave costs should be rescinded, as bemg contrary to the common law principle that " the Crown neither pays nor receives costs. The unskilful language of the " Chinese Passengers Act " I have more than once had occasion to point out to you, and in no instance is it more apparent than in this. Fortunately I was able to satisfy the Chief Justice that principle and authority supplied what was wanting in that enactment; and it may be that the consciousness 'of the inadequacy of the trifling penalty (1001.) imposed by him to meet the costs and charges, if they were to be defrayed by Government and not by the claimant, contributed to the decree being pronounced once more in my favour. The motion was refused with costs. I have, &c. The Hon. W. T. Mercer, Esq., (Signed) T. Chisholm Anstey, Colonial Secretary. Attorney-General. No. 23. No. 23. Copy of a DESPATCH from the Right Hon. the Earl of Clarendon to Governor Sir John Bowring. (No. 95.) Sir, Downing Street, Aug. 11, 1856. I. I HAVE to acknowledge the receipt of your despatch. No. 59,* of the *Page 36. 1 1th of April, with its enclosures relative to the seizure of the " Levant " and the contemplated seizure of the " General Blanco," for violating the Chinese Passengers' Act, 2. It appears that these vessels belong, to a Mr. McCormick, who is said to be a subject of the Hawaian Republic, and that they are sailed under the flag of the Sandwich Islands. It further appears to be the object of the owner to carry on a passenger traffic from Hongkong or its vicinity without complying with the provisions of the Chinese Passengers' Act. With this view his vessels take their passengers on board beyond the limits of the colony, and clear out for Macao only, which being less than a seven days' voyage they are not re- quired by the Act to obtain a clearance from the emigration officer or to pro- vide themselves with ernigration papers or to give a bond to the Crown. They contemplate taking a further ^clearance from Macao for their ultimate destina- tion, or, as would appear from the case of the " General Blanco," sailing from Macao without any such clearance. 3. The " General Blanco" is said to have taken on board a number of Chinese passengers in Hongkong, but proceeded beyond the jurisdiction of the colony before this was discovered, and afterwards sailed for Macao without having been cleared by the emigration officer or given bond, and without any " emigration papers." While she was still in the vicinity of Hongkong, but beyond the limits of the colony, you applied to Admiral Sir J. Stirhng to seize her, on the ground that she had violated the Chinese Passenger Act. Sir J. Stirling declined to comply, observing that he had no authority to seize and detain a ship for violating the Chinese Passenger Act, such ship " not being a British ship, and not within Her Majesty's dominions." 4. On this point I feel no doubt that Admiral Stirling was right. The authority to enter and search Chinese passenger ships is strictly limited by the sixth section of the Act to British ships or ships within British jurisdiction. The " General Blanco " fell within neither of these categories. Whatever her nationality she was certainfly not a British ship, while the ground of your application to the Admiral was that she was not within British jurisdiction. If therefore, Sir J. Stirling had seized the ship on the ground of her having violated the Chinese Passenger Act, he would unquestionably have exceeded the powers vested in him by the Act 18 & 19 Vict. c. 104. 5. If a foreign ship, though iitted and prepared in Hongkong, do not take passengers on board till she is beyond its limits, she does not so much evade the law as avail herself of a liberty which the Legislature has not attempted, and I think could not have' attempted, to control. If she take passengers on (250.) E 4 ( 40 board in Hongkong, but, in order to evade the Act, take out a fraudulent clearance for Macao, it is for the authorities of Hongkong to consider whether the proof of fraud is suflBcient to justify them in detaining the ship before she gets beyond the colonial jurisdiction, and to ensure success in legal proceedings against her. When she has once left the colony she is beyond the power of arrest until she come again within British jurisdiction. 6. In the case of the "Levant," you and the Attorney-General were satisfied that there were sufficient grounds to go upon, and accordingly seized the ship. I hope that the proceedings in that case will lead to the effectual vindication of the law which the owner of that vessel has sought to evade ; but whatever the result may be, I anticipate that the course thus adopted will deter foreign owners or masters from attempting to take passengers on board in Hongkong unless they are prepared to comply with the Chinese Passengers' Act. 7. Before closing this despatch, I may advert to a point which, though it has no bearing on the general question, it is as well to set right. In your letter to the Admiral you state that you had been informed that the passengers in the " General Blanco" were to be landed at Twofold Bay in Victoria, which, being distant from Melbourne, nothing but death from starvation awaited them. I can inform you that no such misfortune need be apprehended. Twofold Bay, though distant from Melbourne, is the port of a large pastoral district, and was of sufficient importance to induce the Emigration Commissioners to dispatch a ship to it direct from this country as far back as 1848. I have, &c. Governor Sir John Bowring, (Signed) CLARENDON. &c. &c. No. 24. j^^_ 24. Extract of a DESPATCH from Governor Sir John Bowring to the Right Hon, H. Labouchere, M.P. Government Offices, Victoria, Plongkong, July 26, 1856. TNo 121 ^ (Eeceived October 11, 1856.) ^ ' (Answered November 20, \ 856, No. 32, Page 41.) " I HAVE attentively read the communication from Sir George Bonham to Mr. Merivale,* on the subject of Coolie emigration from China. " In the general views of Sir George Bonham I cordially concur. I think there is a great superfluity of labour in China which might advantageously be transferred to the colonies, and the condition of the emigrant might be greatly benefited if proper security could be obtained, — 1st, as to the honest purposes and proper fulfilment of the original contract ; 2nd, fitting arrangements for the sea voj'age ; and, thirdly, security, when the period of the contract is expired, for the return of the emigrant (should such be his wish) to his native country. " But I am afraid no adequate security can be found for giving effect to any of these three conditions. The shipment of Coolies is now almost wholly con- fined to unlawful ports where there exists no consular control, and where there can be no doubt shocking abuses and abominations prevail. The crimps em- ployed in the collection of emigrants have been hitherto people of the very worst character, and are frequently sacrificed to the vengeance of the people, and of late, in several cases, have been put to death by the mandarins. The profits of the trade, the enormous premiums given for the collection of emi- £?rants, naturally and necessarily create agents of the lowest and most worthless description. As regards contracts entered into between planters and emigrants in our own colonies, no doubt local authority might give them full effect ; but in most other countries the correspondence of the J'oreign Office will, I appre- hend, show that legislation does not provide any sufficient protection for the emigrant labourer. " The securities for the pioper treatment of Coolies during the voyage might be satisfactorily provided, if vessels, let them have collected their emigrants by * This communication will be found printed at page 22 of the Papers presented to Parliameut ' Her Majesty's Command, "Emigration from China," 1855. ( 41 ) where they may, were compelled to clear out at a port where an emigration office and functionaries are established. But since the existence of the Chinese Passengers' Act, which, from the 1st January last, compels all British emigrant ships to come to Hongkong, in order to have their papers examined, I am aware of only one instance (the " Henry Miller," now in harbour, bound to Havanna) in which a cargo of emigrants has been brought to Hongkong in order to fulfil the conditions of the Act, though I have reason to believe many shipments have taken place from Swa tow, Cumsingmoon, and Macao, in none of which is there any British official to control or prevent irregularities. " I attach much importance to the condition, as referred to by Sir George Bonham, that after the period of contract is expired, there should be an obli- gation to convey the emigrant home. This condition has been invariably repudiated by contractors, but I think it should be enforced. * * * '* No doubt it would be desirable to circulate among the Chinese all possible information which could attract them to the places of their destination ; but such information would be infinitely increased in value if it were furnished by their own countrymen who have preceded them in the countries to which they are invited. If the reputation of a British colony were well established in a district of Kwantung or Fookein no local opposition would prevent emigra- tion to that colony. The Hongkong government might be an auxiliary of great value to the colonies if emigration could be placed on proper foundations, and if it were really in a condition to secure fair contracts, comfortable pas- sages, fit treatment, and ultimate restoration of the emigrant to his native soil ; but it is impossible to close one's eyes to the difficulties of the whole question, whether in reference to the character of the agents employed or to the nature of the competition with the vessels of all nations, and, above all, to the tempta- tions which large profits offer to the violation of law." No. 25. ^°- 25- Copy of a DESPATCH from the Right Hon. H. Labouchere, M.P., to Governor Sir John Bowring. (No. 132.) ~^^ Sj^ Downing Street, November 20, 1856. I HAVE received and considered your despatch,* No. 121, of the 26th of * Page 40. July last, on the subject of emigration from China. I have to acquaint you that unless such means as would meet the approval of Her Majesty's Government can be devised for securing a due proportion of females, it is not contemplated to make any endeavour to set on foot an emigration of Chinese to the British Colonies at the public expense. I have, &c. Governor Sir John Bowring, (Signed) H. LABOUCHERE. &c. &c. &c. No. 26. No. 26. Copy of a DESPATCH from the Right Hon. H. Labouchere, M.P., to Governor Sir John Bowring. Sir ^^°' ^^^^ Downing Street, September 25, 1856 I have received through the Foreign Office the copy of a letter* addressed to yourself by Her Majesty's consul at Manilla, dated the 28th June last regarding the application of the Uhmese Passengers' Act to voyages between^China and theVilippi^^V^d ^ transmit herewith for your mforma- tion the copy of a report from the Emigration Commissioners on the subject. Governor Sir John Bowring, (Signed) H? LABOUCHERE. &c. &c. Sept. 15, 1856. (250.) ^ End. in No. 26. l( 42 )) Enelosure in No. 26. SlB, ' Emigration Office,. September 15, 1856. We have to acknowledgie your letter of the '6tli' instant, enclosing the copy of 'a letter addressed by Her Majesty's Consul' at Manila to the GovfernOr of Hongkong, 18 & 19 Vict. c. 104, relative to the application of the " Chine'sfe Passenger Act " to British vessels carrying Chinese emigrants from China to Manila. i 2. By the 1st section of the Act, a " Chinese passenger ship " is defined to be " every " ship carrying from any port in Hongkong, and every British ship carrying from any " port in China or within 100 miles of, the ;Coapt; tl^ereofjimore than 20 persons, being " natives of Asia." There cannot be a question, therefore, that a British ship carrying passengers between Amoy and Manila is in the meaning of the Act a " Chinese pas- senger ship." By the 4th section it. is provided that no " Chinese passenger ship " shall proceed to sea on a voyage of more than seven days without emigration papers; and any Chinese passenger ship proceeding on such a voyage' without such papers, is, by the 8th section, forfeited to the Crown. By a proclamation issued by Sir J. Bowring on the 26th January last, imder the 3rd section of the Chinese Passenger Act, the length of voyage from Hongkong to Manila is declared to be 20 days, but we are not aware whether any proclamation has been issued by him declaring the length of voyage from the ports of China to other places. We p]:esume, . however, that, even without such a proclamation, any Court before which the question might be raised wovdd have no difficulty in deciding that a voyage from the coast of China to the Philippines was a voyage exceeding seven days. 3. It follows that the " Fortuna," as a British ship carrying more than 20 Chinese passengers on a voyage exceedirig seven days, was clearly a Chinese passenger ship, and as such' required to be furnished with' emigration papers, and that she might have been seized for the want of them by the British Consul at Manila, or by the commander of any of Her Majesty's ships by whom she might have been met at sea. She will be equally liable to forfeiture whenever she may return to any port in Her Majesty's dominions, provided sufficient proof of her neglect of the law can be produced. We think it probabTe that Sir J. Bowring, who has evinced anxiety to enforce the pfovisidns of the Chinese Passenger Act, will, if he has had the opportujiity, have taken steps to enforce the law against the " Fortuna." We do not doubt that he is fully alive to the exact state of the law in regard to her. . - ,- We have, &c. (Signed). T. W. C. Mubdogh. H. Merivale, Esq. Fbederic Rogers. &c. &c. No. 27. No. 27. Copy of a DESPATCH from the Right Hon. H. Laboucherb, M.P., to Governor Sir John Bowring. (No. 130.) Sir, DowEfirig Street, 14th November 1856. Sir E. Buxton, I TRANSMIT herewith the copy of a letter and enclosure from Sir E. October 18, 1856. Buxton, together with two reports from the Colonial Land and Emigration Emigration Com- Commissioners, on the subject of the mortahty reported to have occurred missioners, among the Chinese passengers ,ou board iha.- " -Duke of Portland" and the October 30, 1856. " John Calvin " on the voyage from Hongkong to Havana. Ditto, ditto, As the mortality on board these; vessels appears to have been of deplorable November 6, 1856. extent, I request that you will furnish me with any information which may exist respecting them at Hongkong. - ' ' I have; &c. (Signed) H. LABOUCHERE. End. 1 in No. 27. Eiifelosure 1 in No. 27. Mt Lord, Cromer, October 14. I HAVE the honoui" to enclose for yoUr Lordship's information an extract from the " Shipping and Mercantile Gazette," which gives a dreadful account, of . the consequences that result from the ill-treatment of Asiatics in their voyage from Hongkong to Cuba. I have the honour to request, as President of the Strangers' Home foij Asiatics, that your Lordship will cause an inquiry tb be made into the truth of the, fact stated, and as to the condition of the CooUes after their arrival in Cuba. "'"* • ' I am, &c. The Earl of Clarendcm ^ ,. ,^ (Signiad) EpwD. N. Buxton, President. End. 1 in No. 27* ( 43 ) Sub-Enclosure to Encloeua-e 1 in No. 27. Extract from the "Shipping and Mercantile Gazette," Friday, 3rd October 1856. , ■p_^?\'^°11t„*°9 A New York paper mentions the arrival at Havana of four British ships with cargoes of Coolie labourers. One of the ships, the '•' Duke of Portland," is reported to have sailed'from Hong, Kong with 500 of these peopte on board, out of which number she has landed but 202 ; 130 are said to have died. by natural death upon the voyage, and the residue to have drowned themselves. Another vessel, the "John Calvin," lost 110 by " natural death and suicide " in a passage of 185 days, making a total loss in both ships of 240 Goolies. If the information in our American contemporary be correct the affair demands the prompt attention of the Foreign Office. The unfortunate survivors were, it appears, at once drafted upon estates on^ontraots of eight years' service. We take it for granted that these poor people were voluntary emigrants, and that they simply fell victims to brutal treatment on the voyage. But even this aspect of the affair, if correct, is bad enough, for more reasons th9,n one. Great efforts have been made, more especially of late, to procure a supply of lajjour for our West India colonies. The scarcity of that com- modity lies at the root of the West Indian difficulty. It is advisable by every means to encourage immigration , from the East, or from any other, quarter where it may be legiti- mately procured. In a recent article we dwelt at some length, upon the efforts which have been made to procure an adequate supply of labour, more especially in British Guiana, on the results which have* followed those efforts, and on the intereat attending tbe.discuesioft of the labour question throughout the West, In^i?. Islands. .i, It .is of the last importance that emigration to the West should not get into disrepute with the labouring classes of British India and China,, from which countries, large supplies have been heretofore drawn; and nothing is more likely to discourage it than the, barbarities which seem to have attended l^he transport of these, recent cargoes to the shores .of Cuba. Biit what if it turns out that they were cargoes of veHtable slaves, captured or kidnapped in the Bay of Bengal or the Bay of Hong Kong instead of in the Bight of Benin or the Mozambique Channel and conveyed by British vessels to the slave mart of Havana 1 So valuable is the trade which the Cuba planters are now driving at the expense of our colonies that they can afford to pay ^.Imost fabulous prices for labour, and would risk almost anything to procure it. We take the report we have referred to for as much as it is worth, but we shall watch the progress of the necessary inquiry respecting it with some interest. Enclosure 2 in No. 27. gjjj Emigration Office, October 30, 1856. ■ ' We have to acknowledge your letter of the 25th instant, enclosing one from Sir E. Buxton,, with an extract from the " Shipping and Mercantile Gazette," and desiring us to report what information we may have respecting the two ships the " Duke of |!ortland," and " John Calvin/' said thprein to have sailed from Hongkong to Havana with Chinese passengers, and to have incurred a most frightful mortality on the voyage. 2 In reply, we have to state that we have received no information whatever on the subject of these ships. We have, hovrever, communicated with the owner of the "John Calvin," with whom we -are acquainted,' and shaU. endeavour to communicate with the owner of the " Duke of Portland," to ascertain whether they have received any informa- tion on the subject. ttt , <, We have, &c. (Signed) T. W. C. Murdoch. T. F. EUiot, Esq. C. Alexander Wood. End. 2 in No. 27 End. 3 in No. 27. Enclosure 3 in No. 27. „ Emigration Office, November 6, 1856. '^ With reference to our report of the 30th ultimo, we have to state that Mr Duncan Gibb, whom we bad supposed to be the owner of the " John Calvin," has informed us that he sold his. vessel of that name some time ago, and that the vessel reported to have arrived at Havana with Chinese immigrants, though; bearing the same name is not the same vessel. As.ther&is no vessel pf the name in Lloyd s list, we are unable to obtain any farther particulars about her. ,. n . xi -kt -ir i 2 In respect to the " Duke of .Portland," the other vessel mentioned m the New York pap;r, we enclose the copy of a letter whiqh we hayereceived from th^ wner. It wJl ^^ L seen from this letter that the whole number originally embarked was 330, and that of these iTo or 2-5ths of the whole, died on the voyage. This is so shocking a mor- ?alitv that Mr. Labouchere will probably think it right to endeavour to obtain, through Her Majest^ Consul at Havana, a« well as from -the Governor of Hongkong, some explanation of the causes -which led to it. We have, &c. TT Tir • T War. (Signed) T. V. 0. Murdoch. H. Merivale. Esq. V S ; c. Alexander Wood. &c. &c. (250) F2 ( 44 ) Sub.-Encl. to End. 3 in No. 27. Sub-Enclosure to Enclosure 3. Sir, Greenock, November 1, 1856. In reply to your favour of 29th ultimo, received this morning, we beg to state that the " Duke of Portland " took on board 330 emigrants (not 500 as reported) ; of these 130 were lost from natural death (chiefly fever we understand) and suicide, hnt we have no particulars as to the number lost by each cause. The remainder, 200, were safely landed at Havana. From what we know of the master, we feel certain that no improper harshness would be used towards the passengers. The passage was a very protracted and severe one ; besides the severe gales in rounding the Cape of Good Hope for three weeks, three hurricanes were encountered in the Carribean Sea in as many days. Both master and crew were quite exhausted on their arrival ; 'one or two of the latter died, and the chief mate was off duty two months. We are, &c. S. Walcott, Esq., Secretary. (Signed) Thomas Hamlin and Co. m. 28. November26,1856. Dec ember 18. October 31. No. 28. Copy of a DESPATCH from the Right Hon. H. Labouchebe, M.P., to Governor Sir John Bowring. (No. 4.) Sir, Downing Street, 7th January, 1857. 1. I have had before me various despatches addressed by you to me, and others addressed to the Foreign Department, which have been referred from thence to this office, raising important questions connected with the enforcement of the Imperial statute styled the Chinese Passengers' Act. 2. The questions may be enumerated as follows :— First. The propriety of any interference by Her Majesty's cruisers, under the provisions of this Act, whether on the high seas or in any place beyond British jurisdiction, either with foreign vessels or with vessels not strictly entitled to any national flag. Secondly. The application of the Chinese Passengers* Act to vessels pro- ceeding from China to the Philippine Islands. Thirdly. The practicability of preventing an evasion of the Act, pointed out by Mr. Robertson, Her Majesty's Consul at Shanghae, by means of British vessels conveying emigrants from Hongkong to some unauthorized port in China, and there trans-shipping them into other vessels for conveyance to distant countries, 3. I transmit to you an extract of a report from the law officers of the Crown, dated the 20th of November, containing their opinion on the two first of these questions, together with an extract of another report, dated the 1 1th of De- cember, containing their opinion on the third question ; I also enclose copies or extracts of two reports from the Emigration Commissioners, dated the 26th of November and the 18th of December, on the subject of emigration to the Philippines, and of a report from them dated the 31st of October on the subject of the evasion pointed out by Mr. Robertson at Shanghae. 4. Some of these questions have been raised by you, as Governor of Hong- kong, and others in your capacity of superintendent of trade, but seeing how closely they are connected together, I have settled, in concert with the Earl of Clarendon, that you should receive your directions upon the whole of them in the present despatch. I have, therefore, to instruct you as follows : — First. No attempt is to be made to enforce the Chinese Passengers' Act against a foreign ship, either on the high seas or anywhere else out of British jurisdiction ; neither is any such attempt to be made in respect to vessels supposed to be not strictly entitled to any national flag. Secondly. As regards voyages in British ships from China to the Philippine Islands, I agree in the opinions expressed in the reports of the Emigration Commissioners, dated the 26th of November and 18th of December ; and I have to authorize you to take such steps as appear to you most expedient for carrying them into effect, seeing that the law officres have reported that you possess the requisite legal power. You will, therefore, proclaim the length of passages from Chinese ports as wfell as from Hongkong under the third section of the Imperial Act, having reference in such proclamation to the difference in the length of voyages during the north-east and south-west monsoon ; and you ( 45 ) will not pass any local Ordinance which would relieve any vessels now subject to the Imperial Act from its operation. There occurs here a subordinate question, whether the Consul at Amoy may be appointed an emigration agent, on which point you will receive instructions from the P'oreign Department. In the evedt of such an appointment being made, you will, of course, communicate with the Consul at Amoy on all matters connected with the enforcement of the Chinese Passengers' Act at that port. Thirdly. If the trans-shipment alluded to by Mr. Robertson be made from one British vessel to another, this latter becomes immediately a Chinese passenger ship under the terms of the Act. In sailing from a remote port, she may, indeed, violate the Act, but she cannot be said to evade it, since its enactments fully extend to her ; and if detected in a deviation from them, she remains liable to the penalties of the law. Should a British vessel, carrying Chinese passengers, be met on the high seas without being furnished with regular papers, the Lords Commissioners of the Admiralty have hitherto been unwilling to impose on the commanders of Her Majesty's cruisers the respon- sibility of actually seizing such a vessel, unless the passengers should appear to be suffering from ill-usage or neglect. I have, &c. Governor Sir John Bowring, (Signed) H. LABOUCHERE. &c. &c. &c. Enclosure 1 in No. 28. g^^^l 1 i^ No. 28. SiE, Emigration Office, November 26, 1856. We have to acknowledge your letter of 13th. instant, enclosing a letter addressed to the Earl of Clarendon by the Consul at Manila, accompanied by letters from Sir J. Bowring and the Attorney-General of Honkgong, on the subject of the British ship " Fortuna " which had carried Chinese emigrants from Amoy to Manila without com- plying with the requirements of the Chinese Passengers Act. 2. In our report of the 15 th September* last we expressed our opinion that the • Page 49. " Fortuna" had violated the provisions of the Passengers Act in not procuring the " emigration papers " required for vessels proceeding on a voyage of more than seven days' duration, and that she had accordingly rendered herself liable to forfeiture. The same opinion is expressed very decidedly by the Attorney-General of Hongkong and Sir J. Bowring. The Consul we perceive states that the voyage from Hongkong to Manila is sometimes made in five, and even in three days in the favourable monsoon, and that an average voyage from Amoy at the same season would be seven, but against the monsoon fifteen days. As regards a voyage from Hongkong to Manila, Sir J. Bow- ring's proclamation of 26th January last fixes it at twenty days, and as the voyage from Amoy is longer, it is scarcely credible that any Court would assume it to be less than seven days on the ground that it was not included in the proclamation. But to prevent any doubt or difficulty on the matter hereafter, it would be desirable that Sir J. Bowring should issue a proclamation under the third section of the Chinese Passengers Act, defining the length of voyages from ports on the continent of China as well as from Hongkong. And we wotild suggest the question whether in certain cases the proclaimed'duration of the voyage should not be made to vary according to the season, since the compelling a shipping agent to put on board during the favourable monsoon a quantity of provisions which could only be required during the unfavourable monsoon would be unnecessary in itself, and would tend to diminish the inducement to send off emigrants during the fittest season. We have, &c., Herman Merivale, Esq., (Signed) T. W. C. MuEDOOH. ^g &c. Fredeeic Rogees. Enclosure 2 in No. 28. •g^j.j 2 in No. 28. ExTBACT of a Repoet from the Emigeation Commissionees to H. Mebivale, Esq., dated Emigration Office, December 18, 1856. " The questions raised by Sir J. Bowring relate, first, to the mode of dealing with non-British ships which fit in Hongkong, but take their passengers onboard beyond the limits of the colony, and thus escape the operation of the Passengers Act ; and, second, to the course to be adopted in regard to emigration to, the Philippine Islands and the Indian ''^oKe first of these points we are happy to perceive that the view which we sub- mitted in our report of 28th of June last is sanctioned by the law officers of the Crown. Upon this point, therefore, there can be no difficulty in deciding on the instructions to be issued to Sir J. Bowring. ( 46 ) , "The second question is more, complicated. It is urged by Jffeasrs. Lime, the owners of' the ' Fortuna/ which has been engaged in this trade and by, Messrs, Tait andipo,.,. whp had chartered the ' Fej-ozepore' for Manila, supported, to a great extent )3y Mr. Morrison the Consul at Ainoj'-jthat the provisions of the Chinese Passengers Act are in reality inappli- cable to voyages to the Philippine Islands and the Straits settlements, that the passage to Manila or Singapore is short, that the passengers are not ignorant Coolies but mechanics, who have either made the passage before, or are acquainted with the circumstances of it frOni^ others, that they contract for their own passages and supply their own provisions, the ship* finding only water, and in case of emergency rice ; that it is the interest of the master to treat the passengers well, and that , the trade has. been in existence for many years without giving rise to complaint. They further point out that to jBompel British vessel^, engaged, ill this business to proceed from Amoy or other ports to Hongkong fqr emigration papers (asunder the present arrangements they must do) would be yirtuaily to, exclude them, from the business and to throw it, into the hands of forei^ers; as regards Manila into the hands of Spaniards, and as regiards the Straits settlements into the hands of the Dutch. It is therefore suggefstedtliat voj^ages' from Atiiby to Manila and Singapore should be exempted from' the operation of the Act by a local Ordinance, to be parsed under the authority of the second section of it. '■ ' "■■_' " There is no doubt much weight in the above representations, but they do not satisfy' us that it is necessary or expedient to exempt the pa§senger, trafiic in British vessels toi the Philippines and the Straits, from control and supervision. The passage from Amoy to Manila or Singapore, is; in the favourable monsoon aboutseven days, •but against ihe monsoon 1 5 days, and " the utmost limit in unfa vourablfe weather is within six, weeks ;" the emigrants are a poor and singularly penurious class, and under" the present system are left to supply their own provisions, and it is admitted that the Spanish ships are often ' excessively overcrowded.' ^ Here" then, as "it appears to us, are strong grounds for requiring the supervision of Governinent. , WJjgre, a, voyage is liable to such extreme variations as between seven days and six weeks, there wiU always be a probability, if the owner is left uncontrolledythat the -ship wiU be sent to sea. provided pnly^for the shorter, or at the utmost for an average, voyage; and this^ probabilty is increased where the emigrants find their own provisions. We know from what occurred in the emigration from^ this country, when a similar system was in force here, that many emigrants embarked with a stock of provisions insufficient for even an average voyage, and of course quite inadequate for a protracted one. It was because of the frequent occurrence of such cases,- and the suffering and sickness produced by them, that, in the English Passengers Act a compulsory dietaiy was provided, suflScieht for the maintenance of the people, irrespective of whatever they might provide for themselves. Looking to the penurious habits of the ChinesCj it does not appear to us saf6 to exempt the vessels in which they are conveyed from that provision of the Chinese Passengers Act which requires the ship to ptovide a sufficient dietary far the passengers. ' "Again in regard to space, it appears to us essentiar that notwithstanding the 'com- parative shortness of the voyage, British ships engaged in the . trade should be subjected to control. The allegation that no complaint has heretofore been made, is scarcely sufficient ^proof that no ground of complaint has existed, and if it is the fact that Spanish vessels have been excessively overcrowded, we see no reason why the same thing might not occur in British ships.^ Considering that the voyage is within the Tropics, and during the unfavourable monsoon consists in beating to windward, it is plain that great risk of sickness might be the result- of overcrowding, even in a short voyage. And it cannot be forgotten that some of the most scandalous cases of abuse in Chinese emigration, involving an excessive crowding Of the passengers, and consequent mortality^ have ,taken place on board British ships. For these reasons we do not think it would be right to authorize Sir J. Bovrring to comply with the suggestion that the emigration to. Manilai or the Straits should be removed from the control of the Passengers Act. ■■' But the objection urged against requiring all vessels from whatever port to proceed to Hongkong for emigration papers, appears reasonable. In the south-'yirest monsoon it is probable that a vessel would not reach Hongkong from Amoy; in much less than a week, and if destined for Manila, she would scarcely be nearer her destination at Hong- kong than at Amoy. The delay- to vessels preceeding^fr-om a more northerly port would of course be greater. The result mnst .be. as is alleged, to drive British vessels entirely out of the trade from those ports, unless, as is probable, it should induce them to carry it on in defiance of the law, taking their jchance of being stopped on. their voyage by any of Her Majesty's cruizers. iBTDE 4?, it iik respect ;tQ the.' short voyages only that this result will foUow. It will eventually be equally the case in the long voyages across the Papific, or round Cape Horn, But such a result is not' to be. desired. It would throw the trade into the hands of foreigners, who would be uiider no control,' or of British subjects who would be in conflict vnth the law, and either class would be likely in conducting it to consider little beyond the profits of the particulaf voyage. The improvement in the general trade which might be expected to follow from the example of a well con- ducted system would be lost^ and Chinese emigration would continue as at present, to be marked by occasional disasters of an appalling description. " It appears to us then of much importance that an emigration officer should be established at Amoy, gs weli as at Hongkong, to carry out the Chinese Passengers Act, Sir J. i 47 ) Bo-wring- asks whaufc is to be done at ports wlifere there is no consular authority, suc^h as Swatow, Namoa, &c. We presume that at such ports British trade, whether in passengers or in anything else, is illegal and contrary to treaty, and Her Majesty's Government cannot make any arrangement which would reheve British vessels frequenting those ports from thOj risks which they thereby run, or would imply any sanction of their doing so. But if any such yessels. carrying passengers proceed either to Hongkong or Amoy, and there take out emigration papers, they wotila be relieved from the liability to seizure by Her Majesty's cruizers for violating the Chinese Passengers Act. We gather from the papers before us, that at present there is no emigration from ports to the north of Amoy, so that the appointment of an addiySsnal emigratiori afent at that port would meet the case as tar as Her Majesty's Government can meet it. It will be for the Foreign OflSce to decide whether the duties of emigration officer can be properly devolved on the Consul. On that point we do not venti:p-e to offer an opinion." Endosure 3, in No. 28. End. 3, in No. 28. Extract "of a Eepoet from tlie Emigration CoMMissioiirEES to H. Merivale, Esq., dated ' Emigration Office, October 31, 1856. " The Consul at Shanghai, Mr. Robertson, states that the Chinese Passengers Act is evaded by British ships clearing for Swatow, ' a Chinese port capable of being reached ' withifi. the period of seven days at this season,' and there transhipping the passengers into other Vessels to be carried to America, the Havana, or elsewhere. By this means, lie says, the 4th section of the Chinese Passengers Act is evaded, and the local Ordinance, No. 9, of 1856, will be equally insufficient when it comes into operation. " Now it wiU be seen, on reference to the Chinese Passengers Act (18 & 19 Vict, c. 1 04) that by Section 2 a Chinese passenger ship is defined to be 'every ship carrying from 'any port in Hongkong, and every British ship carrying from any port in China, or '■vyithin 100 miles of the coast thereof, more than 20 passengers, being natives of Asia,' "and by Section 4 eviery Chinese passenger ship proceeding on a voyage of more than 'seven days is required to be provided with emigration papers. The Colonial Ordinance (No. 9 of 1856)* jiassed in May last further provides (Section 3) that any Chinese pas- senger ship clearing out from a port in' Hongkong Or China, or within 100 miles of the coast, on a voyage to any port, for the purpose of commencing ofrom silch latter port a voyage of more than seven days' duration; shsill be deemed, within the meaning of the Chinese Passengers Act, to have cleared out from the port it originally left.. This Ordi- nance was referred to us on the 9th of August last, and on the 19th of that month we pointed out some particulars in which it appeared to require amendment. But as no objection was taken to its principle it will no doubt be re-enacted very shortly by the Colonial Legislature^ . , , . " Looking to these enactments we are unable to understand in what way a British veSsel proceeding with passengers in the first instance to Swatow, a Chinese port, on taking passengers on board therie, and tlience taking her final departure on a Voyage eicebeding seVefiL' days, can be supposed to remove herself from the .operation of the Chinese Pas- sengers Act. It is no doubt the fact that, by sailing from a remote port where there, are no British authorities, a vessel may bid defiance to the law, and if not intercepted by any of Her Majesty's cruisers, may escape with impunity. But no alteration or increased stringency in the law will prevent such an offence as this. The only hope of preventing it is by the vi^ance of -Her Majesty's cruisers, and by the infliction of a heavy penalty wherever it is aiacovered. , Upon this point we would venture to call attention to the ffourthparagrapLof our Report of the 3rd of April. last. The case which we there put ItTpothetically appears to:be exactly the case which has occurred, and has given rise to Mr. Robertson's' letter." ;. • No. 29.; Na.29. Copy of a DESPATCH from the Right Hon. H. Laboucheee, M.P., to Governor Sir John Bowbing. o Downing Street, March 14, 1857- With ref€renGe to my despatch,* No. 1.30, of the 14th of November last, * Page 42. sendinsr to you such accounts as had at that time been received at this office of the deolorable mortality on board of two Chinese emigrant ships, named the « Dute of Portland" and the "John Calvin," I jtransmit herewith two letters February 3, 1857. f m the Board of Trttde. The first of these letters encloses an account of an February 5, 1857. * See Papers presented to Parliament by Her Majesty's command, February 1857. "' (260;) F4 ( 48 ) inquiry into this case by the Local Marine Board of London. The second encloses some other documents, including a statement by the chief mate of the " Duke of Portland," with explanatory notes by the captain in the margin, and also a copy of the certificate granted to the " Duke of Portland " by the March 14, 1857. emigration officer at Hongkong. I am likewise desired to enclose a copy of ' the answer returned from this department to the Board of Trade. Accounts have been received from Her Majesty's Consul at Havannah, in which he agrees with the Local Board in London, in exonerating from blame the master and the parties interested in the ship. He states that there is no reason to doubt that the emigrants w^ere treated with every care and humanity. He says, that a fatal disease manifested itself among the Coolies, and that they were probably predisposed to infection from not being in good condition when they were put on board. Both the " Duke of Portland " and the " John Calvin" are stated to have had a plentiful supply of water taken in at Hongkong, but, the Consul remarks, that it is supposed that it was not of a quality suitable to so long a voyage, and that it was often complained of by the passengers. * Page 54. From the enclosures to your despatch* to the Earl of Clarendon, No. 5, dated the 1st of January, it appears that the passengers embarked in the "John " Calvin " were duly inspected, and the correctness of their agreements ascer- t Page 51. tained. In compliance with the concluding suggestion in the letterf from the Board of Trade, dated the 5th of February, 1 have to request that you will inquire what record or evidence may exist that a similar course was pursued in regard to the " Duke of Portland." With respect to both vessels, I wish an explanation upon the numbers which they were computed to be legally qualified to carry. The body of rules appended to the Chinese Passengers Act required for each passenger a space of five superficial feet on the upper and 12 superficial feet on the lower deck. I am not aware that the Hongkong Legislature has exercised its power to substitute another set of rules ; but the figures embodied in the Emigration Officers' certificates would only allow about three superficial feet above and eight below, in proportion to the number of passengers declared admissible in the " John Calvin " and " Duke of Portland." I shall be glad to receive a report on this subject. The space prescribed in the rules annexed is, in my opinion, decidedly not larger than sufficient, and it ought not to be diminished. I may also remark, that no requirement of the Passengers Act is more important than the one limiting the numbers to be carried, and that it is additionally useful from its simplicity, and from the consequent ease with which this security for the good of the passengers can be enforced. Governor Sir John Bowring, I have, &c. &c. &c. &c. (Signed) H. LABOUCHERE. End. in No. 29. Enclosure in No. 29. Office of Committee of Privy Council for Trade, Sib, Whitehall, February 3, 1857. I AM directed by the Lords of the Committee of Privy Council for Trade to request that you wUl call the attention of Mr. Secretary Labouchere to the case of the mortality among Chinese emigrants on board the ship " Duke of Portland," on her voyage from Hongkong to the Havana, in the year 1856. My Lords' attention was called to this case by proceedings in one of the police courts, reported in the " Times " of the 5th December. They immediately requested the Local Marine Board of London to inquire into the case. That Board has made its report, and a copy of the report, and of the evidence taken, is enclosed for Mr. Labouchere's infor- mation. The evidence given before the Board is confirmed by the entries in the official log, which has been examined at this office. The report and evidence contain a full statement of all that happened during the voyage. They show that of 332 emigrants shipped, no less than 128 died on the passage, most, as it appears, from fever, and some by suicide. They give an account of the first appearance of discontent and mutinous conduct on the part of the emigrants in the port of Hongkong, and they show the steps taken by the captain in the course of the voyage. My Lords have, however, been anxious to obtain fm*ther information upon one or two points, to which the attention of the Local Marine Board does not seem to have been specially directed. These points are : — : 1. By what persons and on whose behalf the ship was chartered for the voyage in question. , { 49 ) 2, How it happened that the ship left Hongkong on such a voyage so late in the season. 3. The conduct of the emigration officer at Hongkong, whose duty it was to enforce the provisions of the Chinese Passengers Act. On these points Captain Seymour, who has shown willingness throughout to give a full account of the matter, will no doubt be able to give information. He is at present away from London, but if he returns, or if my Lords can obtain the information from other quarters, they will forward it for Mr. Labouchere's information. In the meantime they request that you will call his especial attention to the following points : — 1. This is a case in which the ship took in her emigrants at and sailed from Hongkong, and that there ought therefore to have been no difficulty whatever in applying strictly the provisions of the Chinese Passengers Act, 1855. 2. That if those provisions and the regulations adopted under them concerning room, ventilation, &c., were complied with, there is good reason for thinking that the regulations are wholly insufficient to effect the desired object, at any rate for such a voyage in such latitudes, and commenced at such a time of year as that of the " Duke of " Portland." 3. Mr. Labouchere will observe, that the first appearance of discontent or mutinous conduct on the part of the emigrants appears to have arisen from the belief on the part of those last shipped that they had been cheated by those who had engaged them. It is therefore very important to learn whether the emigration officer did, according to the terms of the certificate given in Schedule (B.) of the Chinese Passengers Act, inspect the contracts between the emigrants and their intended employers, and satisfy himself that they were reasonable, and that no fraud was practised in collecting the emigrants. Under the above circumstances, my lords would suggest for Mr. Labouchere's con- sideration, that instructions should be given to the Governor of Hongkong to make the strictest inquiries concerning the circumstances under which the " Duke of Portland " left Hongkong, and concerning the conduct of the emigration officer with respect to that vessel. It will, as it appears to my Lords, be also necessary to have it considered whether the regulations already adopted by the authorities at Hongkong under the Chinese Passengers Act are sufficient for the purpose, or whether further and more stringent regulations are necessary. I am to add that my Lords have communicated the facts of this case to the Foreign Office. I liave, &c. H. Merivale, Esq. (Signed) James Booth. Sub-Enclosure to. Enclosure 1 in No. 29. Sub-Encl. to Local Marine Board, 71, CornhiU, ^"^1- ^ ^"^ ^°- ^^• gjjj January 20, 1857. ' In compliance with your letter of 7th instant, this Board has caused inquiry to be made into the extraordinary mortality on board the ship " Duke of Portland," on a voyage from China to the Havannah with emigrants. Every facility has been affiDrded by the owner and captain of the ship. This Board are unanimously of opinion that no blame attaches to them, or any one connected with the ship ; that Captain Seymour's conduct to the emigrants appears to have been kind and attentive, and that every possible precaution was used by him to decrease the mortality. Dr. Ludgatt appears also to have exerted himself for the same ^"^°e ^details of this unfortunate voyage will be found in full in the copy of Captain Seymour's letter to the owner, Mr. HamUn, and the copy of the proceedings at the investigation, both sent herewith. , j i, ,r, . i ^ It appears to this Board that the mortahty was greatly aggravated by the great heat and unusual length of the passage (150 days) caused by the sailing of the ship m an improper season ; she sailed fuU one month later than she ought to have done, to enable her to get down the China Seas. I am, &c^ T H Farrer, Esq., (Signed) D. Dtjnbae, Marine Department, Whitehall Chairman. Local Marine Board, 71, Comhillj January 8, 1857. Investigation into Circumstances attending the Mortahty of Chmese Emigrants whSron board the Ship " Duke of Portland," on her Passage from Hongkong to the Havana. Present : Messrs. Dunbae, Phillips, Geeen, Anderson, Ingham, and Captain Denny. f; Duncan Dunbae, Esq., in the Chair. Captain'^. N.S%mour, master, and Mr. Thomas Hamlin, owner of the "Duke of Portland," attended before the board. (250.) ^ < 50 ) The letter of the "Zth instant from the Board of Trade, calling* thp .atte|i|Lon of this Board to a statement in the " Shipping Gazette " of the 6th instant concerning the mortality, was then read. ^ ■ . . , Captain Seymour stated: — "We left Hongkong Avith, 332 Chinese coolies; we had been measured for 334. We had a surgeon who had been all the voyage from London to New Zealand, and thence to China, He had ,a diploma. He had been approv;^d by Captain Lane, Government Agent. We took out the Bishop of New Zealand and other passengers. We were to be paid a lump sum per head for all the Chinese coolies landed alive at the Havana. We received nothing for those who died. The coolies appeared in good health when shipped ; that was the general opinion on our leaving China. There were ample medicines put on board by the owner. We had water from China in excess." Captain Seymour then read a letter which he had addressed to the owner ; it was dated "Havana, 10th September 1856," in which he states, that the emigrants were all on board on the 31st March 1856. " On 2d April, when hove short and ready foi sailing, the Chinese crowded aft, took belaying pins from the rails and armed themselves with fire-wood, yeUing and shouting in a fearful manner, throwing every thing moveable overboard. He then had an interview with the stipendiary magistrate, at the Supreme Court, who came on board with a pohce force ; the coolies laughed at them, and at length they were driven below at the point of the bayonet. Then planted my two guns inside the cuddy door, loaded them with griape and canister, had the carronades loaded £ind placed at the poop fife raU; gaye, the men a cutlass each; Mr. May (magistrate) was then on board. He left a serjeant and five policemen on board, for sentries during the night. At daylight I was out of the road?. When at sea they refused to cook. The third day I had the first suicide, and on an average I had three suicides daily between Hongkong and until I passed the Straits of Sunda. ; "On the morning of the 15th I discovered a plan among the Chinese to take the ship: the same afternoon they carried their plan out, but as I was quite prepared for therd, a few well-directed blows from the flat of a cutlass prevented the rush, and J. Williams jumped overboard and saved the man who had been thrown from the forecastle ; after the failure of the attempt they became quieter, but I had usually 12 to 18 in irons, for riotous behaviour or attempted suicide. " On evening of 28th an attempt was made to rescue None of their ringleaders who I had put in irons ; one of them threw a large bone at me when trying to pacify them : ,1 then thought it time to clear the decks, and in the struggle one was wounded in the side. I called at the Cocoa Islands in hopes of getting vegetables, fresh meat, and fish, for the invalids, but was. much disappointed with the result of my visit." (Above from the letter.) * Captain Seymour then stated— "We lost 128 Chinese before arriving at the Havana chiefly from congestive fever ; it is like the Hongkong fever. We lost one of the crew. I think the coolies brought the seeds of the disease on board with them. When they would not eat I have tried to force food down their throats. We were 150 days on our passage from China to the Havana. We rernaihed three days at St. Helena. We had vegetables from St. Helena to within a few days of our arrival at the Havana. All the opium for the Chinese was consumed before we arrived at St. Helena. The Chinese mutinied before we sailed from Hongkong, on account of their wanting more money. I beUeve one-third of them were kidnapped. They had spent the money they had before leaving China. The surgeon was kind to them; I was with them much more than the surgeon was, he saw them always twice a day. The Chinese were shipped under the direction of the chief magistrate ; I have a document froni hiin, stating that all required for them was shipped. The entries regarding the assistance rendered by the magistrate at Hongkong, were made a day or two after in the official log. ; The opium required by law was put'.on board in China, and I got more at St. Helena. I gave the doctor fuU authority at St. Helena to get all the opium and medicines he required." • (Entries in the official log regarding the disturbance previous to sailing, the raedical treatment, and the plan for giving more air to the emigrants, were then read.) Captain Seymour then stated, — " The ship is 533 tons. The emigrants had the whole of the lower deck, excepting the cuddy. We could see the difierence between those who died from congestive fever and those who suffered from the want of opium. In April the ther- mometer in my cabin ranged from 82° to 90°. The season of the year was bad for them. The ship had scuttles. She has carried emigrants before. I was 100 days to St. Helena. The loss of the monsoon in the China Sea was caused by our detention in China. They could not get the people ready for shipping. We sailed from Hongkong on the 2nd April. Only one man was injured in the ■disturbainp^ ; he was wounded,. The 'John Calvin' sailed about three weeks before me, and arrived after me. The scurvy was frightful on board that ship ; we had none. I was told by the consul at the Havana that I was the first ship arrived there without scurvy on board. I was without a chief mate for two months coming home ; he was below, ' sick, and off' the Cape too, in bad weather." . , The interpreter, a Chinese, who came from China in the ship, was examined ; he stated, " The first time come on board ship, Chinamen complain ; had not money, wanted captain to pay them." ( 61 ) Captain Seymour here stated, " They agree to serve for so long a period. They got food, clothing and everything. They complained they had one dollar given to them instead of eight. ± ^ o The interpreter then stated :-" Some sick jump overboard. I keep men always to look alter sick. JJont know why that man jump .overboard. They had food prepared regularly Ihey wanted to get possession of the ship ; said they would never get back to Lhina ; they wanted to set her on fire. Some men say, not teU me. They threatened to Jmime and the captain. I believe the men only got one dollar. One 'PortugaF take money irom them going down. The madarin told them they would be paid more when tney got on boai^. One day only at sea, in a gale of wmd, they only had biscuits; could not cook. The doctor saw them two or three times a day." L-aptain Seymour also stated :— "I never laid down in my bed without a cutlass at my oelt. i believe the men all received their eight doUars, because there had been a previous row about it, in the 'John Calvin.' We had twenty-five Chinese, from Hongkong ; all the others were from Macao." >= & > The inquiry was then adjourned until the 15th instant for the purpose of obtainina; the evidence of the surgeon. Local Marine Board, 71, Oomhill, January 15, 1857. Present : Messrs. Dunbae, Green, Ingham, and Anderson, and Captaias Denny, and Hunter. Duncan Dunbar, Esq., in the Chair. The Board resumed the investigation into the circumstances attending the mortality of Chinese emigrants whilst on board the ship "Duke of Portland," adjourned from the 8th instant. Captain G. JST. Seymour, the master, and Mr. Thomas Hamlin, the owner, attended before the Board. Mr. David Ludgat, surgeon of the " Duke of Portland," was then called in ; he stated : — " A low typhoid fever generally prevailing among the low class of Chinese was brought on board by them when shipped at Hongkong. "Sufficient food was provided for the coplies. The sickness was attributed to improper food used by themselves, such as onions and pickles. A number of suicides took plaice, but many more would have taken place had not the boat been kept in readiness to pick those up who jumped overboard. The Chinese were kindly treated all the time, both as to diet and other neces- saries of life, and were supplied with the usual quantity of opium. I have not seen any of the cases on shore, but had the symptoms of the peculiar fever which the Chinese are subject to described to me by the medical officer of the hospital. The symptoms on board were the same as those described to me by the medical officer. I prescribed the same medicines and treatment as adopted in the hospital. The fever appeared among the coolies after they had been three days on board. Within a week after sailing as many as sixty cases had appeared. All the symptoms on board were the same as thpse described by Dr. Barton, the hospital surgeon. The berthing was in every way well fitted. The habits of the Chinese were very filthy. Every means was used to correct their habits, by taking every precaution to keep them as clean as possible. The length of the voyage aggravated the symptom^ and increased the number. The number of deaths were nearly the same all the voyage, but increased in malignity. The deaths after our arrival* at Havana were much the same. No expedient to ensure carrying coolies such a long voyage can be put in force but to lessen the numbers. This disease would be infectious among, persons of .low habits, but with those more robust not so. The coolies had food so regular on board that they had no occasion to complain. The boatswain was the only ones of th^ crew that died. The mate and steward were seized with the disease, but they, recovered : they were occupied more among the Chinese than others of the crew ; I am disponed to think that the disease is infectious.. When the disinfecting matter was aU used, the tVeen-decks were fumigated with boiling pitch daily, when possible to do it. The cooHes died from debility and affection of the liver and lungs, and exhaustion arising from the seeds of the disease. The chief mate was treated for the same disease previous to sailing from Hongkong. As many of the coolies as could be allowed with safety were ordered on deck daily. Captain Seymour's conduct was attentive at aU times to the Chinese in satisfying their wants and attending to their cleanliness. Those of the Chinese who attempted to commit suicide, and were picked up, generally made a second attempt ; they were then more carefully looked after." Enclosure 2 in No. 29. End. 2 in No. 29. Office of Committee of Privy Council for Trade, giR^ WhitehaU, February 5, 1857. ■ Referring to Mr. Booth's letter * of the 3d instant, on the subject of the mortality ^ onboard the ship "Duke of Portland," I am directed by the Lords of the Committee - -^"S® ^°- (250) G 2 ( 5^ ) No. 1. No. 2. No. 3. Nos. 4 & 5. Being very volu- minous, are not printed. Marginal Notes by Captain Seymour. Measured by harbour- master, -who inspected the ship twice. * These 86 were in an exhausted state from sea sickness, haying of Privy Council for Trade to enclose, for Mr. Labouehere's information, the following documents : — Copy of questions addressed to the master of the " Duke of Portland," and of his replies. Copy of a statement made by John Hagan, late chief officer of the "Duke of Portland." Copy of the Emigration officer's certificate. Copy of the list of the male emigrants who embarked in the " Duke of Portland. " Copy of a docu.ment in Spanish annexed to the certificate, with its indorsements. On the back of this document are Chinese characters, apparently a translation. The statement made by Hagan, who my Lords have reason to believe to be a respectable and trustworthy man, was made in the presence of certain officers of this department, and subsequently taken down in writing. Mr. Labouchei'e will observe that, if this statement be true, a large number of the emigrants were sick at the time the emigration officer granted his certificate ; that he did not see them individually ; and that he does not appear to have had that personal communication with each of the emigrants which would seem to be necessary in order to ascertain that the agreements with them were properly made and understood. My Lords wish it to be understood, that they are not considering a charge as proved which the emigxation officer has no means of rebutting, but they think it right to call Mr. Labouehere's attention to the statements made, in order that full inquiry may be made at Hongkong. I have, &c. (Signed) T. H. Farber. No. L Queries asked of the Captain of the " Duke of Portland." January 30, 1857. 1. How and by whose orders did the ship happen to be engaged in the carrying of Chinese emigrants ? 2. Who were the charterers of the ship on the voyage from China to the Havanna ; and on whose account were the emigrants shipped ? 3. If done through an agent in China, what was the name and address of the agent ? 4. How did it happen that with such a voyage in view the ship sailed from Hongkong with such a cargo so late in the season ? 5. Was the ship duly surveyed by an emigration officer at Hongkong ; if so, what was his name, and when was the survey commenced, and when completed ? 6. Can the captain furnish a copy of any certificate or document given by the emigration officer ? The Registrar of Seamen. (Signed) T. H. Farrer. Eeplies of Master of " Duke of Portland " to the foregoing Queries. 1. From various contingencies, arising in the earlier part of the voyage, the ship was thrown out of the tea and silk carrying trade, in which it was first purposed to employ her, and it was optional with me to employ her as I considered prudent. 2. The charterer was a Don A. R. Ferran, of Havana, but at that time residing at Macao, and the emigrants were shipped on his account. 3. Messrs. Lyall Still, Hongkong, were agents for A. R. Ferran, and through them the charter was negotiated. 4. The ship preceding the "Duke of Portland" experienced great difficulty in obtaining her emigration papers, and the charterers could not pay that attention in col- the emigrants necesssary in order to despatch the ship at an earlier date. -5. The ship was surveyed and measured by Captain Watkins, the harbour-master at Hongkong, in February 1856, afterwards by the emigration officer, whose name will be found attached to the papers left at the registry office for copying on Saturday. 6. Yes, and left at the registry office on Saturday. (Signed) Geo. F. Setmotte, No. 2. John Hagan (certificate of competency, 11,628) joined the "Duke of Portland" in London, as second mate, in March 1855, bound to New Zealand with emigrants, thence to Shanghai and Hongkong, where the ship was chartered to convey Chinese emigrants to Havana. Before receiving the emigrants at Hongkong, the ship was surveyed and measured by the emigration officer ; a deck-house was built, and other preparations made for their reception. In February 1856, 25 came on board from the shore ; they had a small chest each, and a change of clothing. About a week after, 225 came alongside in a steam- vessel from Macao ; they had bags with them, but no chests ; afterwards four or five escaped to the shore. The steamer returned with another batch of 86,* about a week after. ( 53 ) These men were on board three or four days before we sailed, and about the second experienced heavy day,* the emigration officer came on board, and all the emigi-ants that were able assembled ftom'^Ma'So^^ ^^'*^* on the deck. The emigration officer addressed them in the Chinese language, not » j ^^^^^^^ ^^^ ^ individually, but generally. ^ft„_ a„a I beUeve he The captain ordered me to go below and report how many were too ill to come upon "was on hoard twice, if deck. I found 38 were in their berths, and did not make their appearance on deck. ''°' ™°''*- Before this one of them had died, and his body had been sent on shore. This was the frlTthTeffe«fo™fa only time the emigration officer spoke to the men. sickness principaUy. When we were about getting under weigh, the emigrants began to mutiny ; the captain was on shore at the time, but finding they were likely to be troublesome, we lowered the fore topsail. When the master came on board, and found how matters stood, he returned f No person came from again to the shore, and went to the agents, Messrs. Lyell and Co.,t the charterers. Lyeli Still's office on Some person from their office came on board, with eight or ten policemen armed, and the 'efLTd to assist^r ki- emigrants were all sent to their berths. Three policemen remained on board all night. I terfere in any way. understood from the interpreter that the cause of the disturbance aro.'se from the promised I ^o »«* recollect the amount of advance in money not having been paid. On 3rd of March we sailed, and 15iTsfated!'°'°'^**^° fortified the ai^er part of the ship, to keep the emigrants under. Before we had been many ^ jj g days at sea, the deaths became very frequent, and the sickness increased very much. The ^^^ ^j^^ deaths &c sickness arose from the loss of their opium, and some were so disposed when they came on the 0. F. L. is'an board.J Some of the emigrants had a little opium with them ; the doctor used all he had. authority. Several times during our passage down the China Seas the emigrants were very trouble- ^° °°* ^'^'^° ^'^^' some; some slipped overboard during the night,§ and were not missed till the next ontionofrefushi^auy morning ; those that went overboard during the day were all saved, excepting one man. that myself or surgeon By the time we arrived at St. Helena, more than 100 had perished. We remained there considered unhealthy three days, took in fresh provisions, water, vegetables, and the medicine chest was, andUinowofbut ont I believe, replenished ; it was not short of anything before, sxs far as I know. Upwards man that I could have of 30 died between St. Helena || and Havana ; but the remainder appeared in a better objected to. Many state of health, and very few committed suicide.lF When we arrived at Havannah we laid .' eight days in quarantine ; there were two deaths during this period, and the bodies were „p duringThe^night. buried on shore. We put the emigrants on board the receiving ship, and I do not know || pe^^r deaths and a what became of them afterwards. The charterer, I understood, was a Spaniard at larger number of Havannah, his agents being Messrs. Lyall, Still, and Co., of Hongkong. thl'mosi detemTnef We remained at Havannah about 14! days, and then went to St. Cruz for mahogany character. and cedar for London. At Havannah the chief mate left, and I was appointed his ^r i cannot state num- stead. ^^''^i having no papers There was plenty of water, rice, and meat ; the emigrants were not on short allowance ^^^^ *° ™^^'" *°- during the voyage; provisions were served out to ten cooks twice per day, and they ^„*!^terwardrunder divided it among the men. The doctor went round twice every day to visit the sick men, t^e superintendence of and of a night when called upon. There was a great stench in the ship,** owing to the the interpreter and manner in which the Chinese used the water closet, one of which was within five feet of boatswain. the ship's galley ; they were not built in a' proper manner ft for the way in which they !'^*^™'/ consider use them. The urine was not carried ofi", but run along the deck. The men slept on ^^^ ^^^^^ ^^^ mats, but were very lousy ; no soap was allowed by the ship,tt and consequently they Hagan suggest an im- were very filthy, and were covered with vermin. Dead bodies were sewed up in rice provement? I could bags and thrown overboard. . , tfo ^t y, , . One of the crew died the day after we left St. Helena,§§ and some of the crew were sick «JX°d" ttlSk!: in the China Seas.[||l and soap was obtained (Signed) John Hagan, at St. Helena for their February 4 1857 ^^^^ Chief Officer. "^^- Signed in presence of Everard Home Coleman. tier saiUng S' (Signed) J. H. BeOWN, about ten days after Registrar General of Seamen. g II The greater number suffering from venereal Jifo, 3. o"" 't^ effects. Emigration Oi'ficee's Certificate, I HEREBY authorize the Chinese passenger ship " Duke of Portland," to proceed to sea for the port of Havana, in Cuba ; and I certify that the said ship can legally carry 334- adults and that there are on board 334 passengers, making in all 334 adults, viz., 334 men no women, no male children, and no female children, such children being between the ages of one and twelve years ; that the space set apart and to be kept clear for the use of such emigrants is as follows : On the upper deck, 1,140^ superficial feet, beincT fore poop cabins, cabin before poop, and deck-house ; and in the between decks 9 870^ superficial feet, being the whole deck ; that the ship is properly manned and fiHed- 'and that the means of ventilating the part of the between decks appropriated to Passengers are as follows : scuttles, air fonnels and windsails ; that the sh^ is furmshed with a proper quantity of good provisions, fuel, and water, more than sufficient for the Tassa^e to^t. Helena, for 168 days' issues to the passengers, according to the annexed dietar°v scale ; and with a proper quantity of medicines, instruments, and medical comforts, ^ppordine to the annexed scale of medical necessaries ; that I have mspected the contracts between the emigrants and their intended employers (the terms of which are annexed to (250.) ^ 3 ( 34 ) this certificate), and consider them reasonable ; that no fraud a,ppears to have been practised in collecting the emigrants ; and that there are on board a surgeon and iaterpreter, approved by me, and designated respectively David Sudgate and Sungto. The master of the ship is to put into St. Helena for water and fresh vegetables. Passage from Hongkong to St. Helena estimated at 90 days ; from St. Helena to Havana at 79 days. : (Signed) C. B. Hillier, Dated at Hongkong, this 1st day of AprU 1856, Emigration Officer. Annexed to this certificate are : — 1. Passenger List, as supplied by Master. 2. Copy of the Contract for Labour. 3. Schedule A. of Chinese Passenger Act. End. 3. in No. 29. Enclosure 3 in No. 29. Sir, Downing Street, March 14, 1857. January 1, 1857. WiTH reference to your letter of the 3rd, and to Mr. Farrer s letter of the 5th. of • February, I am directed by Mr. Secretary Labouchere to transmit to you the inclosed copy of a despatch, just received through the Foreign Office from Sir John Bowring, by which it would appear that the " John Calvin " and the " Duke of Portland " were both of them regularly cleared by Mr. Hillier, the emigration, officer. Mr. Hillier himself is unhappily since deceased. Sir John Bowring will be called upon to inquire, as you have suggested, whether the passengers by the "Duke of Portland" were duly seen, and the correctness of their agreements ascertained ; but it is to.be observed that the evidence which the documents now received afford of the promptitude and vigour of action in this respect in the case of the " John Calvin," gives reason to hope that there was no undue neglect of the same matter in the case of the other ship, the " Duke of Portland," which sailed about the same time and under the same superintendence. I am to acquaint you, however, that Mr. Labouchere notices another point which also requires to be cleared up. The rules appended to the Chinese Passengers Act require that for every passenger on board there should be at least five superficial feet on the upper deck and 12 such feet below. The Legislature of Hongkong had power, under the Act itself, to substitute other rules, but Mr. Labouchere is not aware that the power has been exercised. Nevertheless, in the case of both these vessels, the number of superficial feet allowed to each passenger is only about three on the upper deck, and eight on the lower. As the reduced space so nearly agrees in the case of each vessel, it may be that the emigration officer proceeded on some, local rule which has escaped notice. But an explanation wiU be demanded on the point ,; and it is decidedly Mr. Labouchere's opinion that the space named in the rules appended to the Act of Parliament is not larger than sufficient. I am, &c. J. Booth, Esq. (Signed) H. Merivale. Sub.-Encl. to Sub-Enclosure to Enclosure 3 in No. 29. End. 3 in No. 29. ^^ - „ . - No. 5. Superintendency of Trade, Hongkong, My Lord, January 1, 1857. In reply to your Lordship's despatch. No. 209, dated 18th October last, directing me to ma.ke inquiry into the cases of "John Calvin" and " Duke of Portland," British ships which conveyed Chinese emigrants from this colony to the Havana, a great mor- tality having taken place during the voyage, I have now to forward to your Lordship the information I have obtained from theTlmi^Stion Officer's Department through the Colonial Secretary. .'.; . ',' ,.. >-. , .,- I have, &c. The Earl of Clarendon, K.G., ' (Signed) J. Bowring. &c. &c. &c, . '.''., , Emigration Office, Victoria, Hongkong, Sir, December 29,1856. I DO myself the honour to acknowledge; the receipt of your letter dated the 26th instant. No. 975, transmitting a letter from the Superintendency of Trade, and also enclosing a copy of a communication from the President, of the Strangers' Home for Asiatics in England, with reference to the mortality which is said to have occurred on board the emigrant ships " John Calvin " and " Duke of Portland," which vessels were cleared out from this port bound to Havana, by my predecessor (Mr. Hillier), on the 12th of March and 1st April last respectively, and requesting me to furnish you with the fullest particiilars in my power respecting them. , 2. On reference to the records of my predeeeiSsor, I find that the ship " John Calvin" was authorized to carry 81 passengers only, whereas, by the slip of newspaper attached (f !^5 ) to Sir E. K Buxton's letter to the Earl of Cla,rendon above mentioned, I find that 110 deaths occurred on the voyage ! It would therefore appear that this vessel succeeded in going to sea with a much larger number of coolies than that authorized by the emigra- tion officer, a copy of whose certificate is hereto annexed, and also an extract from the emigration record book, which purports to show that a portion of the coolies originally shipped had, declined to proceed on the voyage, 3. As regards the ship "Duke of Portland," I can only say, that the vessel was authorized to carry 334 passengers only, out of which number she appears to have landed 202. A copy of the clearance certificate of Mr. Hillier I also annex ; I would, however, remark, that the requirements of the Chinese Passengers Act of 1855, appear to have been complied with at this port ; that the vesse| carried a surgeon, was supplied with medicines according to the scale prescribed in Schedule (A), and that the bonds in each case, copies of which are annexed, were duly entered into and executed. 4. It appears to me that the ship " John Calvin " was improperly allowed to clear inwards at Havana with a greater number of Coolies on board than the emigration officers' clearance from this port perijaitted ; and that had an inquiry taken place at Havana, the fraud in both cases, if any had been committed, would have been detected, and this Government would no doubt have been furnished with such evidence as would have enabled it to recover from the sureties the penalties for the non-fulfilment of the provisions of the "Chinese Passengers Act" of 1855. I have &;c. The Hon. "W. F. Mercer, ' (Signed) C.R.Mitchell, Colonial Secretary, &c. &c. &c. Emigration Officer. No. 1. No. 2. No. 3. No. 4. No. 5. No. 1. Emigration Officer's Certificate. I hereby authorize the Chinese passenger ship " John Calvin " to proceed to sea for the port of Havana, in Cuba ; and I certify that the said ship can legally carry 301 adults, and that there are on board 81 passengers, making in all male statute adults ;* that the space set apart and to be kept clear for the use of Such emigrants is as follows : — On the upper deck, 895.5 superficial feet, being fore poop cabin, 337.7 ; after deck house, 99.4 ; fore deck house, 4'S'8;'6 ; and in the between decks, 2,724.2 superficial feet, being (*gic jn original.) the whole deck ; that the ship is ptoperly manned and fitted, and that the means of ventilating the part of the between decks appropriated to passengers are as follows : — "Wind sails and Ventilatidh trunks ; a plank taken out on each side of the deck ; that the ship is furnished with a proper quantity of good provisions, fuel, and water for 147 days' - issues to the passengers according to the annexed dietary scale, and with a proper quantity of medicines, instruments, and medical comforts according to the annexed scale of medical necessaries ; that I have inspepted the contracts between the emigrants and their intended employers (the terms of which are annexed to this certifi^cate), and consider them, as now modified, to be reasonable ; that no fraud appears to have been practised in collecting the emigrants, and that there are on board a surgeon and interpreter approved by me, and designated respectively, Le Chew and Laong Ahoy. The master of the ship is to put into St. Helena for water and fresh vegetables. Estimated length of voyage from Hong- kong to St. Helena, 79 days ; St Helena to Havana, 68 days. (Signed) C. B. Hillier, Emigration Officer. Dated at Hongkong, this 12th day of March 1856. True copy. (Signed) C. R. Mitchell, Hongkong, December 29, 1856, Emigration Officer. ; No. 2. This ship was despatched by Messrs. Lyall, StUl, and Co., who applied for a clearance for 302 passengers (the ship had capacity for 301 and a portion), but on the passengers being mustered and the contracts explained by the emigration officer, all but 81 dechned to 20. Messrs. Lyall, Still, and Co. were told that a certificate could be granted for such passengers only as had signed their contracts and come on board willingly, with a full knowledge of the premises ; that this present refusal to proceed made evidence of consent in each case necessary. They replied that they were not prepared with this evidence, as the contracts had for the most part been witnessed before the procurador of Macao ; they preferred, therefore, to receive a clearance for the number now consenting. There was no evidence of fraud or violence in collecting the men, but, on the contrary, proof of unusual care. irue copy. ' (Signed) C. R. Mitchell, Hongkong. December 29, 1856. Emigration Officer, ° True copy. (Signed) ' W. Woodgate. (250.) G 4 ( 56 ) No. 3. No. 3. Emigration Officer's Certificate. I HEREBY authorize the Chinese passenger ship " Duke of Portland," to proceed to sea for the port of Havana, in Cuba ; and I certify that the said ship can legally carry 334 adults, and that there are on board 334 passengers, making in all 334 adults, viz., 334 TTien, no ■women, no male children, and no female children, such children being between the ages of one and twelve years ; that the space set apart and to be kept clear for the use of such emigrants is as follows : — On the upper deck, ],'140y»-j superficial feet, being fore poop cabins, cabin before poop, and deck-house, and in the between decks, 2,870-5^^ superficial feet, being the whole deck ; that the ship is properly manned and fitted, and that the means of ventilating the part of the between decks appropriated to passengers are as follows : scuttles, air funnels, and wind sails ; that the sliip is furnished with a proper quantity of good provisions and fuel ; water, more than sufficient for the passage to St. Helena, for 168 days' issues to the passengers, according to the annexed dietary scale, and with a proper quantity of medicines, instruments, and medical comforts, according to the annexed scale of medical nesessaries ; that I have inspected the contracts between the emigrants and their intended employers (the terms of which are annexed to this certificate), and consider them reasonable ; that no fraud appears to have been practised in collecting the emigrants ; and that there are on board a surgeon and interpreter, approved by me, and designated respectively David Ludgate and Sungto. The master of the ship is to put into St. Helena for water and fresh vegetables. Passage from Hongkong to St. Helena, estimated at 90 days ; from St. Helena to Havana at 78 days. (Signed) 0. B. Hillier, Emigration Officer. Dated at Hongkong this 1st day of April 1856. Annexed to this certificate arp: 1. Passenger List, as supplied by Master. 2. Copy of the Contract for Labour. 3. Schedule (A.) of Chinese Passengers' Act. Hongkong, December 29, 1856. Emigration Officer. True copy. (Signed) C. R. Mitchell, True copy. (Signed) W. Woodgate. No. 4. Colony of Hongkong to wit. Know aU men by these presents, that we^re held and firmly bound unto our Sovereign Lady Queen Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, in the sum of One thousand pounds of good and lawful money of Great Britain, to be paid to our said Sovereign Lady the Queen, .her heirs and successors ; to which payment, well and truly to be made, we bind ourselves and every of us, jointly and severally, for and in the whole, our heirs, executors, administrators, and every of them, firmly by these presents. (l. s.) (Signed) A. Thornhill. (l. s.) „ G. Lyall. (L. s.) „ C. F. Still. Sealed with our Seals. Dated at Hongkong this 11th day of February 1856. Whereas by the Chinese Passengers Act, 1855, it is enacted, that before any Chinese passenger ship shall clear out or proceed to sea on a voyage of more than seven days' computed_ duration, the master thereof shall, with two sufficient sureties to be approved by an emigration officer, enter into a bond to Her Majesty, Her heirs and successors, in the sum of One thousand pounds : Now the condition of this obligation is this, that if (in respect of the ship "John Calvin," whereof Alonso Thornhill is master,) all and every of the requirements of the said Chinese Passenger Act, and of the regulations contained in Schedule (A.) to the said Act annexed, or enacted by the legislature of Hongkong, shall be well and truly observed and performed, then this obligation to be void, otherwise to remain in full force and effect. Signed, sealed, and delivered by the above-bounden Alonso Thornhill, George Lyall, and Charles Frederick Still, in the presence of, (Signed) C. B. Hillier, Emigration Officer. Hongkong, December 29, 1856. ( -57 ) No. 5. No. 5. Know all men by these presents, that we are held and firmly bound unto our Sovereign Lady Queen Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, in the sum of One thousand pounds of good and lawful money of Great Britain, to be paid to our said Sovereign Lady the Queen, Her heirs and successors, to which payment well and truly to be made we bind ourselves and every of us, jointly and severally, for and in the whole, our heirs, executors, administra- tors, and every of them, firmly by these presents. (l. s.) (Signed) G. F. Seymoub. (l. s.) „ A. 0. Malcolm, (l. s.) „ G. Lyall. Dated at Hongkong this 28th day of March 1856. Sealed with our Seals. AVliereas by the Chinese Passengers Act 1855, it is enacted, that before any Chinese passenger ship shall clear out or proceed to sea on a voyage of more than seven days' computed duration, the master thereof shall with two sufficient sureties to be approved by an emigration officer, enter into a bond to Her Majesty, Her heirs and successors, in the sum of One thousand pounds : Now the condition of this obligation is this, that if (in respect of the ship " Dulce of Portland," whereof George Frederick Seymour is master) all and every of the require- ments of the said Chinese Passenger Act, and of the regulations contained in Schedule (A.) to the said Act annexed, or enacted by the legislature of Hongkong, shall be well and truly observed and performed (in like manner as the same oiight to be observed and performed in case the said ship were a British ship, and the said* a British *(This blank was subject,) then this obligation to be void, otherwise to remain in full force and effect. in the original cor Signed, sealed, and delivered by the above-bounden George Frederick Seymoui', tificate.) Alexander Campbell Maclean, and George Lyall, in the presence of, (Signed) C. B. Hilliee, Emigration Officer. Hongkong, December 29, 1856. No. 30. No. 30. Copy of a DESPATCH from Governor Sir John Bowring to the Right Hon. H. Labouchere, M.P. (No. 46.) Government Offices, Victoria, Hongkong, March 7, 1857. Sir, (Received May 2, 1857.) I HAVE the honour to inform you that on receipt of your despatch. No. 130,f of 14th. November 1856, relating to the mortality which occurred on f Page 42. board the ships " Duke of Portland " and " John Calvin," I directed commu- nications to be made on the subject to Messrs. Jardine, Matheson & Co., the agents for the " Duke of Portland," and Messrs. Lyall, Still & Co., the char- terers of both ships. I have received the accompanying replies from these firms, and this appears to be the only information that can be collected here on these lamentable cases. Right Hon. H. Labouchere, M.P., (Signed) ' JOHN BOWRING. &c. &c. &c. Enclosure 1 in No. 30. End. 1 in No. 30. gjjj Hongkong, February 12, 1857. We have the honour of -acknowledging receipt of your letter of 9th instant, having reference to the Coolie ships " John Calvin " and " Duke of Portland," and we shall have great pleasure in affording his Excellency the Governor every information which may be in our possession regarding the sad mortality which occmxed amongst the emigrants on board those vessels. Of the " Duke of Portland " we know but little, beyond the fact that in her case, as in the case of the ." John Calvin," the greatest possible care was taken here in her despatch, both by ourselves and by the late Mr. HiUier, the emigration officer, who was on board repeatedly previously to her leaving, and who inspected the provisions very closely. From this vessel since her leaving, we have had no communication ; but we are aware that a ereat mortaUty did take place, and Messrs. Jardine, Matheson, and Co., who were the accents for the ship, may probably have heard either from the master or the owners. ° With reference to the " John Calvin," owing to the circumstance of our being the owners of that vessel, we are enabled to give you more information ; and we have now the honour (250.) H ( 58 ) of handing you an extract from Captain Thomhill's letter to us, announcing his arrival at Havannah, and giving us the particulars of the sickness on board. Beyond this we know nothing, excepting that 2251. were spent at St. Helena in the pm-chase of vegetables and other fresh provisions for the use of the Coolies. As we have said before, great care was taken both by Mr. Hillier and ourselves in the despatch of the vessel from this ; and the master and officers were most efficient, the former particularly having had experience in carrying Chinese. It would appear, therefore, that the mortality arose from the length of the voyage and from causes which were beyond all human control. We have, &c. (Signed) Ltall, Still, and Co, The Hon. W. T. Mercer, Esq., Colonial Secretary, &c. &c. &;c. End. 2 in No. 30. Enclosure 2 ia No. 30. ExTEACT of Captain Thoenhill's letter to Ltall, Still, and Co., dated Havannah, September 23, 1856, ■ ' I BEG to inform you, by this opportunity, of iny arrival here on the 2d instant, after a long and tedious passage of 171 days, and much regret being placed in quarantine imme- diately, having lost 111 Coolies and 11 of my crew by death from fever, dysentery, anasacra, and from the effects of opium. .After writing you from Anjer, the wind came from the south-west, with a current settmg at the fate of three knots per hour to the eastward, which compelled me to anchor in the Straits of Sunda until the 15 April, during which time the typhus fever broke out and carried off 10 of them, cleared the Straits on the I7th, and arrived at St. Helena on the 28th June, having experienced light winds in the south-east trade, and heavy westerly gales off the Cape of Good Hope, and lost 55 Coolies. After leaving there, they appeared to improve,. and no death until the 10th day out, when the strongest went off suddenly, after a few hours' ilbiess of anasarca ; they were perfectly quiet and "submissive during the whole -passage;^ - 1 received pratique on 9th, having laid eight days in quarantine, .during which time lost 11 Coolies, and landed 175 alive. . , (True copy.) (Si^ed) LYALt, Still,' AND Co. End. 3 in No, 30, Enclosure 3 in No. 30. The Hononourable W. T. Bridges, Esq., Acting Colonial Secretary, &c. &c. Hongkong. Sir, . Hongkong, February 21, 1857- We beg to acknowldge receipt of your communication of the 17th instant, on the part of his ExceUeney the Governor, requesting information regarding the case of the Coolie ship " Duke of Portland," from this to the Havannah, and asking for particulars of the mortality reported to have taken place. In reply, we beg'to state that we were mere agents for the ship which we chartered to Messrs. Lyall, Still, and Co., who had afterwards everything to do with the shipment of the Coolies, &c,, and who are. therefore much more likely to be in a position to afford you information regarding the Voyage than we are ; indeed, we have not heard of or from the vessel since her departure, and consequently know nothing whatever of the mortality on board to which you allude. We have, &;c. (Signed) "'Jabdine, MATHESON, AND Co. End. 4 in No. 30. Enclosure 4! iu No. 30. . r - . Sib, - , ,. Hongkojpg, March 5, 1857. We have the honour of acknowledging receipt of your letter, Np. 213, of 23d ultimo, on the subject of the despatch of the " Duke of Portland," and in reply regret that we can only refer you to our former letter of 12th ultimo. The vessel was despatched from this, as we have already informed you, by the emigra- tion officer in the usual way], only with unusual care; and since her departure we have received no information regarding her. We-have, &c. To Honourable W. T, Bridges, Esq., (Signed) Ltall, Still, AND Co. Acting Colonial Secretary, ., .,n:.' &C. &C. fee, ' ' ... ;■-,•.,, ( S9 ) No. 31. Copy of a DESPATCH from the Right Hon. H. Labouchebe, M.P., to Governor Sir John Bowring. (No. 86.) ^^^' Downing-street, June 29, 1857. Tv/r X, "f ^^ "-^^^^ ™y consideration your despatch, No. 46,* of the 7th of * Page 57. March relative to the passenger ships "John Calvin" and "Duke of Portland. , This despatch shows that no further light is hkely to be thrown upon the facts, and I shall therefore now proceed to convey to you such remarks as these cases appear to me to reqtiire. The "John Calvin" sailed from Hongkong for Havannah on the 13th of March 1856, with 298 emigrants on board, and lost 135 ; the Duke of Port- land" sailed from Hongkong for the same destination on the 3d of April 1856, with 332 emigrants on board, and lost 128. So deplorable a mortality occurring on board of two British ships despatched from the chief port of a British Government in China could not fail to excite both the deep regret of Her Majesty's Government, and also an anxiety to detect its causes, and endeavour to guard against its recurrence. The main points to be ascertained are, whether ithere was any inhumanity or culpable neglect on the passage ; whether the numbers embarked were too large ; and whether the emigrants had been deceived and were taken away against their will. As regards the first point, there appears no reason to suspect any want of humanity or care on the voyage. The British consul at the Havannah, to which the vessels proceeded, instituted an inquiry at the moment of their arrival, and reported that the treatment of the passengers had been humane and attentive. This conclusion was confirmed in the case of the " Duke of Portland " bj^ the report of the Local Marine Board of London. It has not been disputed in the case of the " John Calvin." No reason has appeared for supposing that the unfortunate sickness on board these vessels was attributablfe to overcrowding, owing to a misconception of the late emigration officer at Hongkong, ; the numbers which he declared the ships qualified to carry were larger than the Act really intended. According to the Chinese Passengers Act (18 & 19 Vict. c. 104.), the number of passengers is not to be greater than after the proportion of one to every 12 superficial feet of the 'tween decks. The emigration officer did not confine his measurement of Ihe " 'tween decks " to the lower deck (which is the usual and real meaning of the term), but included all those parts of the upper deck which were housed over, and which thus formed a space fit for habitation. The particulars set forth in his certificates, i^and also the figures of his calculations, prove that this was the fact. You have received from me separate instructions, which will prevent the recurrence of this mistake. The persons concerned in the vessel, however, cannot be held responsible for the error of the emigration officer, nor, as already stated, has it been alleged that overcrowding was the cause of the illness and mortality in these vessels. It remains to be considered whether the people were deceived or removed against their will. That kidnapping and various frauds are often practised by the Chinese brokers who procure emigrants there can be no doubt. On the other hand, it appears unfortunately to be the case that the people themselves who embark are frequently cheats. They pretend to be emigrants in order to live free of expense in the cooly ships, and then, at the last moment, when they have received an advance of wages, they endeavour to desert the ship, or to seize her by force, and effect a landing on the coast. This, of course, must multiply the risks of collision, and enhance the difficulty of doing justice. The security provided by the Chinese Passengers' Act against the use of frauds; or violence in procuring semigrants is contained in the sixth of the regulations annexed to the Act, The emigration officer is to muster the passengers and ascertain that they understand whither they are going, and that they have not been improperly collected ; and he may, if he think fit, detam the ship, and order all or any of the passengers to be relanded. In the " Duke of Portland " the emigration officer mustered the passengers and gave his certificate that the ship was qualified to carry 334, and that (250,) " H 2 ( 60 ) the same number (two less than weie finally taken) were on board, and that the ship might proceed. After he had gone, and when the ship was starting, a disturbance occurred, but was suppressed by the police, and the vessel proceeded on her voyage. Here I have to call your attention to the apparent conduct of the police in the matter. The master of the ship states (at page 10 of the Parliamentary Paper, of which some copies are sent to you herewith), that Mr. May, the superintendent of police, came on board, and that he left several pohcemen to act as sentries during the night, and that next morning at daylight the vessel was out of the roads. The mate stated (page 13), that the pohcemen were accompanied by some one from the office of the charterers ; but the master says that he is mistaken on this point, and it is evident that the master is the most likely to have known whom he brought from the shore. If these accounts are to be trusted, it appears strange that a superior officer of police, being a witness of the insurrection of a large body of passengers, should have taken no steps to ascertain the real cause of the disturbance. You will call upon Mr. May for an explanation on the subject, and you will give strict orders that in case' of any tumult on board of a cooly ship at the time of sailing, no police or other force of the Government is on any account to facilitate her departure without re-summoning the emigration officer, with proper interpreters, if necessary, to discover the grounds of complaint, and whether or not the ship ought to be detained. It would have been far more prudent, to say the least, on the part of the master himself, to have waited until the nature and validity of the emigrants' discontent could have been ascertained ; and he suffered the natural penalty of the opposite course by constant alarms and attempts at violence during the voyage. But still, having been regularly cleared by the functionary designated for the purpose by the Act of Parliament, who had assembled the passengers, and had been ready at that time to receive any complaints which they might have to prefer, he cannot be said to have committed any legal offence, and there appears no ground to sustain a prosecution against him or the owners of the ship. The case of the " John Calvin " is different in this respect. The emigration officer certified that the ship was quahfied to carry 301, but that only 81 were actually on board. It seems that all but 81 declined to go, and that he therefore refused to insert more in his clearance, but the ship nevertheless proceeded to sea with 298. In a letter from the master to the owners, written soon after reaching Havannah, and before he could have any knowledge of the inquiries which would take place in England, he mentions that the conduct of the emigrants was quiet and submissive during the voyage. Whether the excess beyond 81 consisted of the verv persons who objected in the presence of the emigration officer, or whether oi others picked up subsequently, is not stated ; but the former case is the most probable. It also is not stated that the emigration officer ordered the passengers to be re-landed under the terms of the 6th Regulation, and he certainly did not detain the ship, for by grantino- his certificate he enabled the captain to put to sea. The proper course for the emigration officer would have been to withhold his clearance until he was satisfied that all the passengers whom he wished to be removed were re-landed. You will explain this carefully to the present emigration officer, and desire him to guide himself accordingly in any future case which may occur of the same nature. Although, however, the late emigration officer does not appear to have taken the best course for enforcing his views, there can be no doubt that the master of the " John Calvin " defeated the spirit of the Act in proceeding to sea with 298 emigrants, when only 81 had been approved of by the emigration officer ; and I have, therefore, caused a case to be laid before the law officers of the Crown, to ascertain whether there may not have been such an infraction of the letter as will sustain a prosecution ; and in that case the bond should without fail, be put in suit against the master and his sureties. I shall lose no time in apprising you of the result of the reference to the law officers of the Crown, I have, &c. Governor Sir John Bowring, (Signed) H. LABOUCHERE. &c. &c. &c. (-^61 ) No. 32. No. 32. Copy of a DESPATCH from the Right Hon. H. Labouchere, M.P., to Governor Sir John Bowring. (No. 83.) '"^iKj Downing Street, June 18, 1857. In my despatch, No. 28,* of the 1 4th of March last, your attention was * Page 47. called to the requirements of the regulations appended to the Chinese Pas- sengers' Act, that for every passenger on board there should be a space of at least twelve superficial feet on the 'tween decks, and also a space of five super- ficial feet on the upper deck left clear for the use of the passengers, and you were ^ informed that this space was in my opinion decidedly not more than sufficient, and that it ought not to be diminished. I trust, therefore, that any communications to the present emigration ofiicer which you may have founded on that despatch from me will have precluded any future misunderstanding of the subject. But since the time when I wrote to you, the nature of the misconception under which the late emigration officer acted in computing the capacity of the two ships, the " John Calvin " and " Duke of Portland," has become apparent on further examination of the figures and statements contained in his certi- ficates of clearance, it is found that in computing the superficial feet of the 'tween decks, he did not confine himself to the lower deck, but included all those parts of the upper deck which were housed over. To prevent the possi- bility of further mistake, therefore, I have to request that you will apprise the present emigration officer that this is not the true intent of the regulations appended to the Act. The meaning of them is, that for every passenger on board there shall be distinctly twelve superficial feet of the lower deck itself, and likewise five superficial feet of the upper deck available to them for air and exercise. You will enjoin it upon the emigration officer to carry this regu- lation fully into effect. I am, &c. Governor Sir John Bowring, (Signed) H. LABOUCHERE. &c. &c. &c. No. 33. N° 33. Copy of a DESPATCH from the Right Hon. H. Labouchere, M.P., to Governor Sir John Bowring. (No. 41.) SiRj Downing- street, April 6, 1857- My attention has been drawn by the Lords of the Committee of Privy Council for Trade to the fact that the ship " John Calvin" was cleared from Hongkong, whence she sailed in March 1856, with a certificate for 81 pas- sengers, but that she would appear to have proceeded in reality with 298 pas- sengers on board. Their Lordships are endeavouring to learn from the master of the ship who is now in London, how this discrepancy or evasion of the law may have occurred. In the meanwhile, I have to request that you will inquire whether any explanation of the circumstance can be furnished from the emigra- tion office at Hongkong. I have, &c. Governor Sir John Bowring, (Signed) H. LABOUCHERE. &c. &c. &c. No. 34. No. 34. Copy of a DESPATCH from the Right Hon. H. Labouchere, M.P,, to Governor Sir John Bowring. (No. 52.) gj^ Downing Street, April 27, 1857- ' With reference to my despatch. No. 41, of the 6th of April, requesting you to seek information respecting the circumstances under which the " John Calvin " was cleared, I have to acquaint you that the Board of Trade have (250.) H 3 (6a ) apprised me that all endeavours to find Captain Thornhill, the late master of that vessel, have failed, but that from recent information obtained by the registrar, of seamen, it appears likely that he left this country for China by the overland route, about a month since. I apprise you of this probability in order that if Captain Thornhill should have reached Hongkong, you may be able to make use of his presence in any inquiry which may be instituted on the spot into the case of the " John Calvin." , , I have, &Gi Governor Sir John Bowring, (Signed) H. LABOUCHERE. &c. &c. &c. No. 35. , „ , No. 35. ' ■ Copy of a DESPATCH from Governor Sir John Bowring to the Right Hon. H. Laboucheee, M.P. (No. 64.) Government Offices, Victoria, April 10, 1857. (Received June 5, 1857.) Sljj (Answered No. 81, June 15, 1857, page 63.) I HAVE to report to you the following circumstances connected with the British ship " Gulnare," engaged in conveying Chinese hired emigrants to the Havannah. The "Gulnare" arrived in Hongkong on March 13, an'dher captain reported that she had left Swatow, near Amoy, on March 11, with a crew of 32 men, and having on board 432 Chinese. On the following morningj at 7.15 a.m., a despera,te and well-combined attack was made by the emigrants to obtain possession of the ship, and, as they failed in this, through the determined conduct of the officers and crew, they attempted to set her on fire. They were finally put down, after severely wounding the third officer and one of the crew; nine of their own number were shot, many more wounded, and three jumped overboard to avoid capture. On March 14, 20 of the Chinese, who had taken the most ptominent part in this piratical attempt, were brought on shore in the custody of the police ; the charge against them was investigated by the chief magistrate, who committed 13 to take their trial at the Supreme Court for piracy, with wounding. One of the wounded Chinese died soon after the "Gulnare" arrived in harbour, and a. coroner's inquest, whose verdict was one of "Justifiable homicide," was held' on the body on March 17. To facilitate the despatch of the ship, the Chief Justice held an extra criminal sessions of the Supreme Court on March 27- A verdict,' of " Guilty " was returned thereat, after a trial which lasted the whole day, against all the 18 prisoners ; the Chief Justice left three, Ng-king-seang, Cheem-koong-sew, and Chun-amoon for execution, and ordered a sentence of " iPeath recorded " to be entered lip against the remaining 15. ; -4,t a meeting of the* Executive Council, held on Monday the 6th, after a lengthened investigation of all the circumstances of this case, I came to the conclusion, in which, However^ I was not supported by the Lieutenant-Governor and Colonial Secretary, that the ends of justice would be sufficiently answered if the extreme penalty of the law were carried out in the case of the first-named convict, Ng-king-seang only. This man had clearly acted as a ringleader, and was apparently of a different, if not of a superior, station in life to the other prisoners. Ng-king-seang was executed on Thursday, April 9, and the sentences of the other 1 7 prisoners have been commuted into that of transportation for life. I have to remark, in conclusion, that the emigration officer was directed to institute a thorough inquiry into the state of the provision, &c., on board the " Gulnare," and he has reported that she was provided in every way in a complete and satisfactory manner. She was despatched from this on March 30, with 326 emigrants, being of sufficient capacity to carry 338. I hope that you will approve of the line of conduct I have pursued ; and I have, &c. The Rt. Hon. H. Labouchere, M.P., (Signed) JOHN BOWRING. &c. &c. &c. ( 63 ) No. 36. No. 36. Copy of a DESPATCH from the Right Hon. H. Labouchere, M.P., to Governor Sir John Bowking. (No. 81.) Sir, Downing Street, June 15, 1857. I HAVE to acknowledge the receipt of your despatch, No. 64,* of the 10th # Page 64. of April, reporting that eighteen Chinese emigrants had been tried for a pira- tical attempt to take possession of the British ship " Gulnare ;" that one of the prisoners had been executed, and that the sentences passed on the other seven- teen had. been commuted to transportation for life. In sparing the lives of two of the three prisoners who were left by the Chief Justice for execution, I entertain no doubt that you used to the best of your discretion the prerogative of mercy with which you are invested. I have, &c. Governor Sir John Bowring, (Signed) H. LABOUCHERE. &c. &c. &c. No. 37. N°- 37. Copy of a DESPATCH from Governor Sir John Bowring to the Right Hon. H. Labouchere^ M,-P.^,,; = (No. 82.) Government Offices, Victoria, Hongkong, May 20,. 1857. Sir, (Received July 20; 1867.) ' f Page 19 of In despatch No. 28, of the 14th March ,f relating to the passenger ships House of Commons " Duke of Portland " and " John Calvin," you directed me to inquire what record ^*P^^' ^""/^t' or evidence exists, that, the passengers embarked in the " Duke of Pdrtland " ^^'^ ' were duly inspected, and the correctness of their agreements ascertained. You further desired an explanation upon the numbers which both the said ships were computed to be legally qualified to carry, and a report explaining how, when the Chinese Passengers' Act requires for each passenger a space of five super- ficial feet on the upper, and twelve superficial feet on the lower deck, the emi- gration officer's cei-tificate would only allow about three superficial feet above, and eight below, in proportion to the number of passengers declared admissible in such two ships. I have the honour to transmit in reply the accompanying letters with docu- ments from the emigration officer, dated respectively the December 29, 1856, and May 15, 1857. These will, I trust, prove to your Satisfaction that no precautionary measure was omitted here to protect the passengers in the " Duke of Portland " and " John Calvin." The discrepancy as to the amount of room allowed has, I conceive, arisen from an inaccurate copy of the emigration officer's certificate, as the full space in both instances appears to have been secured. I have, &c. The Right Hon. H. Labouchere, M.P., (Signed) JOHN BOWRING. &c. &c. &c. Enclosure .1 in No. 37. End. 2 ia No. 3" Emigration Office, Victoria, Hongkong, glK, . May 15, 1857. In reply to your letter of the 13th instant, No. 457, requesting me to ascertain and report, for the information of his Excellency the Governor, whether there exists in my office any record of the passengers by the " Duke of Portland " having been duly inspected, and the correctness of their agreements ascertained, and informing me that the Secretary of State for the Colonies is under the impression that instead of five superficial feet on the upper deck and 12 superficial feet on the lower deck for each passenger on board the ships " Duke of "Portland " and "John Calvin," there was only three feet above and eight below allowed, and requesting me to ascertain, if possible, the proportionate amount of room aUowedta each passenger on board of such ships; and also requiring a statement whether the ' regulations of the Chinese Passenger Act, with regard to pas- sengers, are or have been in any* way departed from ; I do myself the honour to draw attention to my letter to your predecessor, dated the 29th December last, No. 13, and its (520.) H 4 ( 64 ) enclosm-es, in reply to his letter to me of the 26th December, No. 975, enclosing for my report a copy of a letter from the President of the Strangers' Home for Asiatics in Eng- land, which I thiak will be found to contain nearly all the information now required. 2. I would, however, state that each statute adult on board the ship " John Calvin " was allowed the full space prescribed by the Act, viz., 1 2 feet below and five feet above for exercise ; and that the provisions of the Chinese Passengers Act have been, during my term of office, and are at present, so strictly carried out' in this colony that it wUl be in his Excellency's recollection that complaints have been made by the masters and agents of vessels thereof, and in one instance a protest was made by the master of the British ship " Gulnare " against me for so strictly enforcing the provisions of the Act with regard to space. 3. With regard to the ship " Duke of Portland," she appears to have cleared out with the number of passengers she was entitled to carry, although, upon the face of it, there J appears to be some clerical error in the certificate of Mr. Hillier, my predecessor, inas- — ^ much as I find, from the certificate of Captain Watkins, copies of both of which I beg to ^- annex, that the full space was allowed to each individual on board the said vessel. I have, &c, (Signed) E. K Michell, Hon. Dr. Bridges, Colonial Secretary, Emigration Officer. &c. &c. &c. Emigration Officer's Certificate. I HEREBY authorize the Chinese passenger ship " Duke of Portland " to proceed to sea for the port of Havannah, in Cuba ; and I certify that the said ship can legally carry 334 adults, and that there are on board 334 passengers, making in all 384 adults, viz., 334 men, no women, no male children, and no female children, such children being be- tween the ages of one and 32 years ; that the space set apart and to be kept clfear for the use of such emigrants is as follows : — On the upper deckl,140-r superficial feet, being fore-poop cabins, cabin before poop, and deck-house ; and in the between deck, 2,870-5^^3 superficial feet, being the whole deck ; that the ship is properly manned and fitted,. and that the means of ventilating the part of the between decks appropriated to passengers are as follows ; scuttles, air-funnels, and windsails ; that the ship is furnished with a proper quantity of good provisions and fuel ; water more than sufficient for the passage to St. ±Ielena for 168 days' issues to the passengers, according to the annexed dietary scale, and with a proper quantity of medicines, instruments, and medical comforts, according to the annexed scale of medical necessaries ; that I have inspected the contracts between the emigrants and their intended employers (the terms of which are annexed to this certificate,) and consider them reasonable ; that no fraud appears to have been practised in collecting the emigrants ; and that there are on board a surgeon and interpreter approved by me, and designated respectively David Ludgate and Sungto. The master of the ship is to put into St. Helena for water and fresh vegetables. Passage from Hongkong to St. Helena estimated at 90 days, from St. Helena to Havannah 78 days. (Signed) C. B. Hillier, Dated at Hongkong, this 1st day of April 1856. Emigration Officer. Annexed to this certificate are, — 1. Passenger List, as supplied by Master. 2. Copy of the Contract for Labour. 3. Schedule A. of Chinese Passenger Act. I HEREBY certify that 1 have measured the British ship " Duke of Portland," and report that she has capacity, under Act 18 & 19 Vict. c. 104., for the conveyance through the tropics of three hundred and thirty-four -^ (334 -^■^) Chinese passengers, allowing 12 superficial feet for the accommodation of each passenger, as follows, viz. : — On the main deck _ _ _ 2,870 '5 superficial feet. In the fore-poop cabins _ - - - 343 '10 „ „ In the cabins before the poop - - 539 "5 „ „ In the deck-house ----- 257 '5 12)4,011-1 TT ( 65 ) I further certify that the " Duke of Portland " has a clear space of 2,674 superficial feet on the upper deck for the use of the passengers, viz. : — On the poop - . ' . 863-7 superficial feet. On the cabin before the poop - - - 5656 On the spar-deck - - . 756-6 On the forecastle - _ . 488-6 5)2,674-1 5344- Being upwards of five superficial feet for each passenger. Dated at Victoria, Hongkong, February 28, 1856. (Signed) J, V. Watkins, Harbour Master. Enclosure 2 in No. 37. End. 2 in No. 37. Emigration Ofiice, Victoria, Hongkong, Sir, December 29, 1 856. I DO myself the honour to acknowledge tlie receipt of your letter dated the 26th instant, No. 975, transmitting a letter from the KSuperintendency of Trade, and also enclosing a copy of a communication from the President of the Strangers' Home for Asiatics in England, with reference to the mortality which is said to have occurred on board the emigrant ships "John Calvin" and " Duke of Portland," which vessels were cleared out from this port, bound to Havannah, by my predecessor (Mr. Hillier) on the 12th March and 1st April last respectively, and requesting me to furnish you with the fullest particulars in my power respecting them. 2. On reference to the records of my predecessor, I find that the ship "John Calvin" was authorized to carry 81 passengers only, whereas by the slip of newspaper attached to Sir E. N. Buxton's letter to the Earl of Clarendon above mentioned, I find that 110 deaths occurred on the voyage. It would therefore appear that this vessel succeeded in going to sea with a much larger number of Coolies than that authorized by the emigra- tion officer, a copy of whose certificate is hereto annexed, and also an extract from tjie Emigration Record Book, which purports to show that a portion of the Coolies originally shipped had declined to proceed on the voyage. 3. As regards the ship " Duke of Portland," I can only say, that this vessel was authorised to carry 334 passengers only, out of which number she appears to have landed 202. A copy of the clearance certificate of Mr. Hillier I also annex. I would, however, remark that the requirements of the Chinese Passengers Act of 1855 appear to have been complied with at this port ; that the vessel carried a surgeon, was supplied with medicines according to the scale prescribed in Schedule A ; and that the bonds in each case, copies of which are annexed, were duly entered into and executed. 4. It appears to me that the ship " John Calvin " was improperly allowed to clear inwards at Havannah with a greater number of Coolies on board than the emigration officer's clearance from this port permitted ; and that had an enquiry taken place at Havannah, the fraud in both cases, if any had been committed, would have been detected ; and this Government would no doubt have been furnished with such evidence as would have enabled it to recover from the sureties the penalties for the non-fulfilment of the provisions of the "Chinese Passengers Act, 1855." I have, &c. (Signed) E. R. Michell, Hon. W. T. Mercer, Esq., Colonial Secretary, Emigration Officer. &c. &c. &c. Emigration Officer's Certificate. i HEREBY authorize the Chinese passenger ship " John Calvin " to proceed to sea for the port of Havannah, in Cuba ; and I certify that the said ship can legally carry 301 adults, and that there are on board 81 passengers; all male statute adults ; that the space set apart and to be kept clear for the use of such emigrants is as follows :— On the upper deck 895-5 superficial feet, being fore-poop cabin, 337-7 ; after deck-house, 99-4 ; tore- deck house, 458-6, and in the between deck, 2,724-2 superficial feet, being the whole deck. That the ship is properly manned and fitted ; and that the means of ventilating the part of the between decks appropriated to passengers are as follows :— windsails and ventUatino- trunks, a plank taken out on each side of the deck. That the ship is furnished withe a proper quantity of good provisions, fuel, and water for 147 days' issues to the passengers, according to the annexed dietary scale, abd with a proper quantity of medicines, instruments, and medical comforts, according to the annexed scale of medical necessaries That I have inspected the contracts between the emigrants and their intended employers, (the terms of which are annexed to this certificate), and consider them, as now modified, (250.) I ( 66 ) to be reasonable ; that no fraud appears to have been practised in collecting the emigrants and that there are on board a surgeon and interpreter approved by me, and designated respectively Le Chew and Laong Ahoy. The master of the ship is to put into St. Helena for water and fresh vegetables. Estimated length of voyage from Hongkong to St. Helena, 79 days; St. Helena to Havannah, 68 days. (Signed) 0. B. Hillieb, Emigration Officer. Dated at Hongkong this 12th day of March, 1856. (True copy.) (Signed) E. R. Michell, Hongkong, December 29, 1856. Emigration Officer. Enclosure No. 2 in Emigration Officer's Letter to the Hon. W. T. Mercer, Esq., of the 29th December 1856, having reference to the Ship " John Calvin." This ship was despatched by Messrs. Lyall, Still, and Co., who applied for a clearance for 302 passengers (the ship had capacity for 301 and a portion), but on the passengers being mustered and the contracts explained by the emigration officer, all but 81 declined to go. Messrs. Lyall, Still, and Co. were told that a certificate could be granted for such passengers only as had signed their contracts and come on board willingly, with a full knowledge of the premises ; that this present refusal to proceed made evidence of consent in each case necessary. They replied that they were not prepared with this evidencCj as the contracts had for the most part been witnessed before the procurador of Macao ; they preferred, therefore, to receive a clearance for the number now consenting. There was no evidence of fraud or violence in collecting the men, but, on the contrary, proof of unusual care. (True copy.) (Signed) E. R. Michell, Hongkong, December 29, 1856. Emigration Officer. Emigration Officer's Certificate. I HEREBY authorize the Chinese passenger ship " Duke of Portland '' to proceed to sea for the port of Havannah, in Cuba, and I certify that the said ship caa legally carry 384 adidts, and that there are on board 334 passengers, making in all 334 adults, viz., 334 men, no women, no male children, and no female children, such children being between the ages of one and 12 years ; that the space set apart and to be kept clear for the use of such emigrants is as follows : — On the upper deck, 1,140-1^5 superficial feet, being fore-poop cabins, and cabin before poop ; and in the between deck, 2,870-i-4s^ superficial feet, being- deck-house, the whole deck ; that the ship is properly manned and fitted, and that the means of ventilating the part of the between decks appropriated to passengers are as follows : — scuttles, air-fiinnels, and windsails ; that the ship is furnished with a proper quantity of good provisions and fuel, water more than sufficient for the pas.sage to St. Helena, for 168 days' issues to the passengers, according to the annexed dietary scale, and with a proper quantity of medicines, instruments, and medical comforts according to the annexed scale of medical necessaries ; that I have inspected the contracts between the emigrants and their intended employers (the terms of which are annexed to this cer- tificate,) and consider them reasonable; that no fraud appears to have been practised in collecting the emigrants ; and that there are on board a surgeon and interpreter approved by me, and designated respectively David Ludgate and Sungto. The master of the ship is to put into St. Helena for water and fresh vegetables. Passage from Hongkong to St. Helena, estimated at 90 days ; from St. Helena to Havannah, 78 days. (Signed) C. B. Hillier, Emigrant Officer. Dated at Hongkong, this 1st day of April 1856. Annexed to this certificate are — 1. Passenger List, as supplied by Master. 2. Copy of the Contractor for Labour. 3. Schedule A. of Chinese Passenger Act. (True copy.) (Signed) E. R. Michell, Hongkong, December 29, 1856. Emigration Officer. ( 67 ) Colony of Hongkong to wit. Know aU men by these presents, that we are held and firmJy bound unto our Sovereign Lady Queen Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen Defender of the Faith, in the sum of One thousand pounds of good and lawful money of Great Britain, to be paid to our said Sovereign Lady the Queen, Her heirs and successors ; to which payment, well and truly to be made, we bind ourselves and every of us, jointly and severally for and in the whole, our heirs, executors, administra- tors, and every of them, firmly by these presents. (Signed) A. Thornhill. (l.s.) Geo. Ltall, (l.s.) C. F. Still. (l.s.) Sealed with our Seals. Dated at Hongkong, this 11th day of February 1856. Whereas by the "Chinese Passengers Act, 1855," it is enacted, that before any Chinese passenger ship shall clear out or proceed to sea on a voyage of more than seven days' computed duration, the master thereof shall, with two sufficient sureties to be approved by an emigration officer, enter into a bond to Her Majesty, Her heirs and successors, in the sum of 1,000Z. Now the condition of this obligation is this, that if (in respect of the ship " John Calvin," whereof Alonso Thornhill is master) all and every of the requirements of the said Chinese Passenger Act, and of the regulations contained in Schedule A. to the Act annexed, or enacted by the Legislature of Hongkong, shall be well and truly observed and performed, then this obligation to be void, otherwise, to remain in Ml force and effect. Signed, sealed, and delivered by the above-bounden Alonso Thornhill, George Lyall, and Charles Frederick StiU, in the presence of (Signed) C. B. Hiller, Emigration Officer. (True copy) (Signed) E. R Micheu., Hongkong, December 29, 1856. Emigration Officer. Know all men be these presents, that we are held and firmly bound unto our Sovereign Lady Queen Victoria, by the Grace of God of the United Kingdon of Great Britain and Ireland, Queen, Defender of the Faith, in the sum of One thousand pounds of good and lawful money of Great Britain, to be paid to our said Sovereign Lady the Queen, Her heirs and successors ; to which payment, well and truly to be made, we bind ourselves and every of us, jointly and severally for and in the whole, our heirs, executors, admi- nistrators, and every of them, firmly by these presents. (Signed) Geo, F. Seymour. (l.s.) A. C. Maclean. (l.s.) Geo. Lyall. (L.s^) Dated at Hongkong this 28th day of March 1856. Sealed with our Seals. ' Whereas by the " Chinese Passengers Act, 1855," it is enacted, that before any Chinese passenger ship shall clear out or proceed to sea on a voyage of more than seven days' computed duration, the master thereof shall, with two sufficient sureties, to be approved by an emigration officer, enter into a bond to Her Majesty, her heirs and suc- cessors, in the sum of One thousand pounds. Now the condition of this obligation is this, that if (in respect of the ship " Duke of Portland," whereof George Frederick Seymour is master), all and every of the require- ments of the said " Chinese Passenger Act," and of the regulations contained in Schedule A. to the Act annexed, or enacted by the Legislature of Hongkong, shall be well and truly observed and performed (in like manner as the same ought to be observed and per- formed in case the said ship were a British ship, and the said British ship a British sub- iect ) then this obligation to be void, otherwise to remain in full force and effect. Signed, sealed, and delivered by the above-bounden George Frederick Seymour, Alexander Campbell Maclean, and George Lyall, in the presence of (Signed) C. B. Hillier, Emigration Officer. (True copy.) (Signed) E. R. Michell, Emigration Officer. Hongkong, December 29, 1856. (250.) I 2 < 68 ) ■ 1 No. 38. No. 38. Copy of a DESPATCH from Governor Sir John Bowring to the Right Hon. H. Labouchere, M.P. (No. 112.) Government Offices, Victoria, Hongkong, July 17, 1857. Sir, (Received September 25, 1857.) • Page 61. By yom- Despatch, No. .52,* of 27th April 1857, I had the honour to be informed by you that Captain Thornhill, of the ship " John Calvin," was sup- posed to have left England for China by the overland route. I have caused inquiries to be made with regard to him, and by the accompanying letter from the harbour master, Captain Thornhill seems to have proceeded to Calcutta, and not to China. I have, &c. The Right Hon. H. Labouchere, M.P., (Signed) JOHN BO WRING. &c. &c. &c. End. in No. 38. Enclosure in No. 38, (No. 44) Harbour Master Office, Victoria, Hongkong, Sib, July 11, 1857. In reply to your letter, No. 621, of the 9th instant, having reference to the where- abouts of Captain Thornhill, lately in command of the ship " John Calvin," I do myself the honour to report, for the information of his Excellency the Governor, that, from inquiries made, 1 have every reason to believe he is somewhere in India, having left London some months ago, as I learn, for Calcutta. I have, &c., (Signed) E. R. MiCHELL, Acting Harbour Master. The Hon. Dr. W. T. Bridges, Acting Colonial Secretary, &e. &c. (Sic No. 39. . No. 39. Copy of a DESPATCH from the Right Hon. H. Labouchere, M.P., to Governor Sir John Bowring. (^^o. 101.) SiK Downing Street, August 18, 1857. With reference to the concluding portion of my Despatch No. 86, of the 29th of June, I enclose, for your information and guidance, a copy of the August 8. opinion which I have received from the law officers of the Crown upon the question of the liability of the parties concerned in the "John Calvin," to the forfeiture of the bond given for the observance of the Chinese Passengers' Act. I think that, in pursuance of this opinion, it will be proper that you should take steps for putting the bond in suit. I have, &c. Governor Sir John Bowring, (Signed) H. LABOUCHERE. &c. &c. &c. No. 40. No. 40. Copy of a DESPATCH from Governor Sir John Bowring to the Right Hon. Henry Labouchere, M.P. Government Offices, Victoria, Hongkong, (No. 148.) October 9, 1857. (Received December 7, 1857.) Sir (Answered, No. 1, January 2, 1858, page 70.) • Pao'eSQ. In your Despatch, No. 86, of June 29,* 1857, you were pleased to direct me to call upon Mr. May, the superintendent of police, for an expla« ( 69 ) nation of his conduct with regard to the dispatch of the emigrant ship " Duke of Portland." I have done so, and I have the honour to forward herewith such explanatory letter which will, I trust, prove satisfactory to you. I have, &c. Right Hon. H. Labouchere, M.P. &c. &c. &c. (Signed) JOHN BOWRING. Enclosure in No. 40. End. in No. 40. (No. 80.) Police Department, Victoria, Hongkong, ^^^' September 2, 18o7. I HAVE the honoui; to acknowledge receipt of your letter. No. 746, dated 21sfc ultimo, upon the subject of a Despatch received from the Right Honourable the Secretary of State for the Colonies, calling for an explanation of my conduct as superintendent of police, on the matter of the Coolie ship " Duke of Portland." Captain Seymour, the master of such ship, informed his owners by letter that — " On 2nd April, when hove short and ready for sailing, the Chinese crowded aft, took belaying pins from the rails, and armed themselves with fii-ewood, yelling and shouting in a fearful manner, throwing everything moveable overboard. He then had an inter- view with the stipendiary magistrate at the Supreme Court, who came on board with a police force. The coolies laughed at them, and at length they were driven below at the point of the bayonet. Then planted ray two guns inside the caddy door, loaded them witli grape and canister ; had the carronades loaded and placed at the poop fife-rail ; gave the men a cutlass each. Mi-. May (magistrate) was then on board ; he left a Serjeant and five policemen on board for sentries during the night. At daylight I was out of the Eoads." I have the honour to state, for the information of his Excellency the Governor, with a view that the statement may be laid before the Right Honourable the Secretary of State for the Colonies, that the extent of my knowledge on the subject is very limited ; but that I have enclosed reports touching the matter which will convey the required intelli- gence, in so far as it regards the interference of the Hongkong police. Early on the morning of the 1st of April 1856, I proceeded in the police boat on police duty to the town of Aberdeen, and returned therefrom to Victoria in the afternoon, arriving in Victoria harbour at about six p.m. I was casually informed by a gentleman passing in a boat that there had been a disturbance on board the Coolie emigrant ship " Duke of Portland," then at anchor in the harbour, and that he believed police constables were on board the said ship. I immediately steered to the " Duke of Portland," and went on board. I saw two constables there, who told me that there had been a dis- turbance on board amongst the coolies, and that they had been ordered to remain to prevent a recurrence of the disturbance. They mentioned, as far as my memory serves me, that the cliief magistrate (who Avas also emigration officer), and the assistant-super- intendent, Mr. Grand Prd, had been on board. Everytliing was remarkably quiet on board. I did not observe any excitement, or did I see the carronades or guns planted as stated in the captain's letter. I did not make any inquiry, or did I remain on board above a minute, as I was satisfied that, under the orders of the cliief magistrate (who was a Chinese scholar), all needful inquiries and proper steps therein had been taken. Upon arriving at the police station, I saw assistant-superintendent Grand Prd, who reported to me the outlines of the matter, to the effect as reported in the following day's " Morning Report." I have the honour to enclose a report from assistant-superintendent Grand Prd, an extract from the "Police Morning Report" of the 2nd April, which report was, as usual, forwarded that day to the Honourable the Colonial Secretary and the chief magistrate, and a copy of the case taken at the police court before the assistant magistrate, referring to the prisoner taken for disorderly conduct from on board tlie " Duke of Portland." I have, &c. (Signed) C. May, Hon. W. T. Bridges, Esq., D.C.L., Superintendent of Police, Actinoffence against section one, a fine not exceeding four hundred current dollars, or imprisonment for a term not exceeding six months. 2. For every offence against section five, a fine not exceeding fifty current dollars, or imprisonment for a term not exceeding six weeks. For every offence against sections six or nine, a fine not exceeding one hundred current dollars, or imprisonment for a term not exceeding three months. 4. For every offence committed by a passage broker against section seven, a fine not exceeding one hundred current dollars, or imprisonment for a terra not exceeding three months. 5, For every offence against section eight, a fine not exceeding fifty current dollars, or imprisonment for a term not exceeding two months. XI. For the purposes of this Ordinance, the term " emigrant ship " shall mean every ship carrying more than twenty passengers being natives of China, and clearing out for a port or ports not in the Chinese empire ; the term " emigration officer " shall include every person lawfully acting as emigration officer, emigration agent, or protector of im- migrants in Hongkong ; and the term " passengers," shall include all passengers being natives of China. John Bowring. Passed the Legislative Council of Hongkong, this 3d day of November, 1857. J. M. D'Almada e Castro, for the, Clerk of Councils. ( 73 ) SCHEDULES to which the foregoing Ordinance refers. Schedule A. Form of Emigration Passage Broker's Annual Bond, with two Sureties to he approved by the Umigration Officer. KNOW ALL MEN by these presents, that we A* B of ii".^ . ^ 1 , ■'^ of&c, apdE F of&c, are lieJd and tirmly bound unto Her most Gracious Majesty Queen Victoria in the sum of hve thousand current doUars, to be paid to Her said Majesty, Her heirs and successors ; to which payment well and truly to be made we bind ourselves, and every of us jointly and severally, our heirs, executors, and administrators, and the heirs, executors, and adunmstrators of each of us, and each and every of them, firmly by these presents ; sealed with our seals, dated this day of " in the year One thousand eight hundred and Whereas by jbhe "Ordinance for licensing and regulating Emigration Passage Brokers, No. 11, of 1857," it is amongst other things enacted: that no person whatever shaU carry on the business of a passage broker in Hongkong, in respect of any emigrant ship, or shall be in any wise concerned in the sale or letting of passages in any such ship, unless such person, with two good and sufficient sureties to be approved of by the emi- gration officer, shall have previously entered into a joint and several bond to Her Ma- jesty, Her heirs and successors, in the sum of five thousand current dollars ; aiid whereas the said C. D. and E. F. have been approved of by the emigration officer as sureties for the said A. B, Now the condition of this obligation is, that if the above bounden A. B. shall well and truly observe and comply witli all the requirements of the said recited Ordinance, so far as the same relates to passage brokers ; and further, shall well and truly pay all fines, forfeitures, and penalties, — and also all sums of money; by way of subsistence money, or of return passage money, and compensation to any passenger, or on his account, — and also all costs which the above bounden A. B. may at any time be adjudged to pay, under or by virtue of any of the provisions of the above-recited Ordinance, or of the Act of the imperial Parliament 18th and 19th Victoria, cap. 104, entituled, " An Act for the Kegulation of Chinese Passenger Ships:" then, and in such case, this obligation to be void, — otherwise to remain in full force. Signed, sealed and delivered, by the above bounden A. B., C. D., and E. E., in the presence off [* Insert pei'Sonal and family names in full, with the occupation and address of each of the parties.] [t Insert the names and addresses in iuU of the -witnesses.] Schedule B, Form of Emigration Passage Broker's Licence. A. B. of J having shown to the satisfaction of me, the under- signed, that he hath given bond to Her Majesty, as by the " Ordinance for licensing and regulating Emigration Passage Brokers, No. 11, of 1857," required: I, the undersigned, do hereby license and authorize the said A. B. to carry on the business of a passage broker in Hongkong, in respect of passengers on board emigrant ships proceeding from Hongkong, until the end of the present year, and fourteen days afterwards, unless this licence shall be sooner determined by forfeiture for misconduct on the. part of the said A. B., as in the aforesaid Ordinance is provided. Given under my hand and seal this day of One thousand eight hundred and Signature [L.S.] Emigration Officer. [t The personal and family names in full of the person applying for the licence, with his address and trade or occu- pation, must be correctly inserted.] Schedule C. Form of Notice to be given to the Emigration Officer of forfeiture of a Licence. Sir ' This is to give you notice, that the licence granted on the day of 18 to A.B. of II tp act as an emigration passage broker, was on the (ja^„ of now last past duly declared by me (or us), the undersigned justice Cor iustices) of the peace in petty sessions assembled, to be forfeited.! ^ Signatures Place and date 185 To the Emigration Officer, Victoria, Hongkong. ni The personal and family names in fall, with the address and trade or occupation of the party, to be here inserted.] ["if Here state severally the reason of forfeiture.] (250.) K ( u ) Schedule (D.) Form of Contract Passage Ticket. I HEREBY engage that the Chinese named at the foot hereof shiall be provided with a passage to and shall be landed at the port of in , in the ship or vessel called the " " with not less than 72 cubic feet and 12 superficial feet for berth accommodation, and shall be victualled according ta Schedule (A.) to the " Chinese Passengers Act, 1855," annexed, during the voyage, and the term of detention at any plao^ before its' determination, for the sum of ' dollars, and I hereby acknowledge to have received the sum of dollars in full payment.. Name of Passenger. Male. Female. Occupation. Native Place. Age. Age. Victoria, Hongkong, the day of Signature. 185 Passage Broker. I hereby certify, that I have explained and registered the above contract passage ticket. Signature Emigration Officer, day of 185 . J. J. W. D'almada Castko, For the Clerk of Councils. Victoria, Hongkong, the No. 43. Page 71. No. 43. Copy of a DESPATCH from the Rt. Hon. H. Labouchere, M.P., to Governor Sir John Bowring. (No. 10.) Sir, Downing Street, February 16, 1858. I HAVE received and laid before the Queen an Ordinance passed by yourself and the Legislative Council of Hongkong on November 3rd last, entitled No. 11 of 1857, ''for licensing and regulating Emigration Passage Brokers," the transcript of which was enclosed iii your Despatch No. I6l of November 11.* I have received the Queen's commands to acquaint you that Her Majesty has been pleased to confirm and allow this Ordinance. You will cause Her Majesty's decision to be signified to the inhabitants of Hongkong by a proclamation to be published in the usual and most authentic manner. Governor Sir John Bowring, &c. &c. I have, &c, (Signed) H. LABOUCHERE. No. 44. No. 44. Copy of a DESPATCH from the Rt. Hon. H. Labouchere, M.P., to Governor Sir John Bowring. (No. 175.) Government Offices, Victoria, Hongkong, December 2, 1857. Sir, (Eeceived February 2, 1858.) I HAVE the honour herewith to forward a letter received this date from the harbour master regarding the piroceedings of a British ship employed in the Havannah Chinese Coolie trade. I entertain little doubt that a bold attempt has been made by the parties concerned to set at defiance the requirements of ( 75 ) the Chinese Passengers Act. Should punishment not follow in this instance, jne example will be speedily imitated by other ships in these seas, and I have tneretore to express my hope that every means may be taken to effect the capture of the " Dream " befere her cargo is landed. rp, 19* XT TT ^ have, &c. I he Kt. Hon. H. Labouchere, M.P., (Signed) JOHN BO WRING. &c. &c. &c. Enclosure in No. 44. End. in No. 44. Q Emigration Office, Victoria, Hongkong, ^^^' Deceiriber 2, 1857. I DO myself the honour to report for the information of his Excellency the trovernor, that the British ship " Dream," A. Wilson, Master, of the burthen of 1,106 tons, belonging to the port of Glasgow, Potter, Wilson, and Co., owners, received the harbour master's clearance from this port for that of Macao on the 12th October last ; copy of which clearance is herewith transmitted. It has come to my knowledge that the " Dream " left Macao about the 15th November last, bound to Havana with between 400 and 500 Chinese Coolies on board, thereby com- pletely setting at defiance the Chinese Passengers' Act of 1855. The first section of the Act clearly defines the " Dream " as a Chinese passenger ship ; the fourth section provides that no " Chinese passenger ship " shall proceed to sea without receiving certain papers from the Emigration Officer, and entering into a bond with two sureties., ^ These papers have not been received from me, the Emigration Officer of Hong- kong, neither has the bond been entered into. _ Section 8 provides that the ship shall be forfeited to Her Majesty for proceeding to sea without the papers described in section 4. As it appears to me that there can be no doubt of the Illegality of the proceedings of the master of the "Dream," and as I deem it to be absolutely necessary that the peculiar traffic in which the " Dream " is engaged should be under strict surveillance, I would respectfully request that the necessary steps may be taken for the seizure of the " Dream," as is provided for in the Act. I have, &c., (Signed) E. R, Michell, Emigration Office Sub-Enclosure to Enclosure in No. 49. Poet clearance for the "Dream," burthen 1,106 tons, under British colours, Captain Alexander Wilson, bound for Macao, in ballast. This is to certify to whom it may concern, that the master of the above-mentioned vessel has rendered an account of her import and export cargo, and complied with all the regulations of the port. (Sighed) Henry Gunthorpe, Chief Clerk to the Harbour Master, ^registered at the Harbour Master's Office, Victoria, Hong Kong,, October 12, 1857. (Signed) E. A. Michell, Acting Harbour Master. No. 45. Copy of a DESPATCH/rom the Right Hon. Henry Labouchere to Governor Sir John Bowring. (No. 20.) giK Downing Street, February 25, 1858. With reference to your Despatch, No. 64* of the 10th of April last, respecting the Chinese emigrant ship " Gulnare," J, transmit to you for your information the enclosed copy of a report from the Emigration Commissioners. ! The question of issuing the instructions suggested in para. 5 has been sub- mitted to the Foreign Office for Lord Clarendon's consideration. In reference to the concluding paragraph, I have to request that you will state whether the inquiry therein alluded to was made by the emigration officer at Hongkong, and if Hot, why it was omitted, and that you will give positive directions that it should never be neglected on any future occasion of a similar kind. I have, &c. Governor Sir John Bowring. (Signed) H. LABOUCHERE. Sub-Enclosure to End. in No. 49. No. 45. Eight Hon. H. Labouchere to Governor Sir J. Bowring. Feb. 16, 1858. * Page 62. (250.) K 2 ( 7e ) End. in No. 43. Enclosure in No. 45. Copy of a Report from the Emigration Commissioners to H. MerivALE, Esq.; Sir, Emigration Office, 16 February, 1858. We have to acknowledge your letter of the 29th ultimo, accompanied by a despatch from the Governor of Hongkong, reporting the circumstances connected with the sailing of the " Gulnare" with Cliinese emigrants for the Havannah, and by a letter from the Marine Department of the Board of Trade, calling attention to the great mortality which occurred on the voyage. 2. From Sir J. Bowring's despatch, it appears that the " Gulnare " arrived at Hong- kong on the 13th of March, from Swatow, with 432 Chinese emigrants on boar/i ; that the next morning the emigrants endeavoured to seize the ship, and, failing in that, to set her on fire ; that after a desperate conflict, in which the third officer and one of the ci'ew were wounded, nine of the emigrants shot (killed, we presume, is meant), many more wounded, and three had jumped overboard, the mutiny was put down; that 18 of the ringleaders were afterwards brought to trial and found guilty, and three ordered for execution, of whom one was actually executed, and the remaining 17 transported for life ; and that the emigration officer having examined and reported that the " Gulnare " was " provided in every way in a complete and satisfactory manner," she was despatched from Hongkong on the 30th of March with 326 emigrants on board. 3. By the letter from the Board of Trade and its enclosure, it appears that the " Gulnare" did not finally sail from Hongkong till the 1st of April, and that she arrived at Havannah on the 1 9th August ; she was therefore 20 weeks on the Voyage. During that time the mortality amounted to 58, or 17"79 per cent. ; of those who died, 21 are said to have died of fever, or fever combined with dysentery; S of dysentery; 12 of debility, of whom 9 are described as opium smokers ; and 3 committed suicide ; the remaining 1 4 died of various diseases. The account gives no further particulars fropa which it is possible to form any opinion as to the causes of the mortality, or the mode of treating the sick ; but we observe among the deaths that of the Chinese doctor, who died on the 8th of June, when the ship had been at sea ten weeks. As, however, 26 deaths had occurred before this, and as under any circumstances the rate of mortality in a sickly ship would be likely to increase the longer she was at sea, we can hai-dly infer that the *• greater mortality in the latter ten weeks waS attributable to the loss of that officer. We presume that a duly qualified surgeon was on board in addition to the native doctor. 4. We fear that there would be no possibilitj', at this distance of time and place, of instituting any effective inquiry into the causes of the lamentable mortality in the ship. The report of it did not reach the Board of Trade until the 19th ultimo, exactly five months after the "Gulnare" arrived at Havannah, and as a ship's log is not, under the Merchant Shipping Act (sec. 286), delivered in to the Board of Trade until the arrival of the ship in this country, a delay sufficient to embarrass, if not defeat inquiry, miist always intervene between the landing of African or Asiatic emigrants in the West Indies and the report of the circumstances of the voyage in tliLs country. 5. The only means of obtaining an effectual inquiry into cases of this nature is by aii investigation on the spot immediately on the arrival of the ship. Such an inquiry would, as a matter of course, be instituted in any British colony on the arrival of an emigrant ship with a loss of a large proportion of her emigrants. In foreign ports a similar inquiry might, we presume, be instituted by Her Majesty's Consuls ; and as Havannah is the pi-incipal foreign port in the West Indies to which emigrants are conveyed in ' British ships, we would submit that the Consul at that port should be instructed, when- ever a British ship arrives there with emigrants, to inquire into the circumstances con- nected with the voyage, and especially to endeavour to ascertain the causes of any mortality which may have occurred, and the different forms of treatment adopted in different ships ; even if such inquiries- should not reveal anything requiring the Consul's immediate intervention, the information obtained might be of great value in framing I'egulations for the future management of Chinese passenger ships. 6. In respect to Sir J. Bowring's report on the " Gulnare," we may perhaps be allowed to point out an omission which appears to us remarkable. The circumstances connected with that vessel proved that the emigrants were unwilling to proceed in her, and would suggest, therefore, that they might have been collected on board either by force or fraud. To prevent such a transaction, the regulations attached to the Chinese Passengers' Act provide that the emigration officer shall not give his clearing certificate until he shall have mustered the passengers, and ascertained to the best of his power that they understand whither they are going, and the nature of the contract into which they have entered* It would not be fair to infer, because Sir J. Bowring has not mentioned it, that the emigration officer did not comply with this particular regulation ; but under all the cir- cumstances of the case, the very cursory way in which the emigration officer's inquiry is mentioned, and the total omission of all i-eference to this essential point, appear to us so remarkable, that we think it right to notice them. We must also point out that no allusion is made to any medical examination of the ]ieople before the emigration officer's certificate was granted. We have, &c., (Signed) T. W. 0. Murdoch, Frederick Rogers. ( 71 ) No. 46. Copy of a DESPATCH from Lord Stanley to Governor Sir John Bowring. (No. 7.) ' T- , Downing Street, March 16, 1858. 1 . -I TRANSMIT herewith copies of a correspondence which has taken place between the Foreign Office and the Emigration Commissioners on the subject ot tl3e great mortahty which has taken place on board ships conveying Chinese emigrants to Cuba. r ./ a I request that you will furnish me from time to time with returns of vessels Clearing out from Hongkong under the Chinese Passengers' Act, and with any mtormation which it may be in your power to supply respecting British vessels taking passengers at other ports without complying with that Act. I have, &c. ^ e- T , X, (Signed) STANLEY. Governor Sir John Bowring, &c. &c. &c. No. 46. Foreign Office, Feb. 15. 1858. Emigration Commissioners. March 6, 1858. Enclosure 1 in No. 46. Sir, End. 1 in No. 46. Foreign Office, February 15, 1858. I AM directed by the Earl of Clarendon to transmit to you the accompanying copy of a despatch from Mr. Crawford, Her Majesty'.s Consul-General in Cuba, enclosing a statement, showing the nmnber of Chinese Coolies introduced into that island between the 1st January 1847 and the 31st December 1857, and also showing the number of deaths that have taken place on the voyage, and I am to request that in laying these papers before the Colonial Land and Emigration Commissioners, you will move them to favour Lord Clarendon v;ith any observations which they may have to 'offer with regard to the great mortality which appears to have taken place on board British ships engaged in transporting Chinese to Cuba. Lord Clarendon desires me further to request that the Commissioners will inform him, if they have the means of doing so, whether the pro- visions of the Chinese Passengers' Act are complied with by British vessels engaged in carrying Chinese passengers to Cuba. . S. "Walcott, Esq. I liave, &;c., &C. &e. (Signed) Shelburne. My Lord, Havana, December 31, 1857. With reference to your Lordship's despatch, S. T. No. 35, dated the 30th ultimo, the receipt of which I have the honor to acknowledge, with its enclosures upon the sub- ject of the trade in free colonists from China, I have to observe that it has been on board of some of the British vessels which have brought Chinese to this port, subsequent to the enactment of the laws for regulating such passenger vessels, tliat the greatest mortality has occurred upon their voyages from China attributable only to the previous condition of the colonists themselves, and in some degree to the qualities of the water, which was taken in at some of the places where they called on their way here. I beg leave to lay before your Lordship a concise abstract from the archives of this office, which shows the number of ships of the several nations, and their tonnage, number of passengers landed, and the deatlis on board. It is distressing to reflect that the extract from the " New York Herald" is in the main correct. The mortality has been enormous until now on board of these passenger vessels, but it is to be hoped that it will be less in future, because the effects of the opium, which the Chinese smoke to great excess, will be better attended to, and tobacco be allowed thein, so as to wean them of that pernicious habit by degrees, instead of taking it from them all at once, — a practice which proved fatal to so many of them who had been used to smoke, and otherways consume the opium to great excess, and more pains will be taken in selecting transports with more perfect ventilation, and having better accommodation, as well as by providing better provisions and water. . Towards these desirable requi- sites the activity and intelligence of the inspectors- of passenger vessels might be directed with great advantage, and their, sailing qualities should be attended to ; indeed they ought all to be furnished with screw propellers. I have, &c. (Signed) J. T. Crawford. (250.) K 3 (' 78 ) List of Chinese LAUotrREES imported into, Havana up to 3lst December, 1857. Nationftli'ty of No. of Chinese Chinese * Deaths on Percentage "Vessel. Vessels. Tonnage., embarked. landed. the Voyage. of Mortality. Remarks. British 26 18,549 9,606 8,215 1,391 14* Many of the Chinese j umped overboard. American - 9 7,832 3,910 3,538 ' 372 M Dutch 8 5,003 2,773 2,463 310 French 6 4,453 2,825 2,478 347 12i Screw steamer of 1,600 tons brought 842, and losp besides 58 Chinese. Spanish 5 2,038 1,779 1,489 290 . iii Portuguese 3 1,246 1,049 1,021 28 s 2t Peruvian - 3 2,484 1,314 812 502 38J- Cord lost 117 out of 292'; cause, bad water. Bremen 1 560 249 236 13 5i Norwegian 1 470 221 179 42 19 ' Chilian 1 250 202 155 47 23i ' Total - 63 42^930 23,928 20,586 3,342 - 14 f From June 3, 1847, to Dec. \ 31, 1857. End. 2 in No. 46. Havana, December 31, IS.")?. (Signed) T. Crawfobd, Consul-General in Cuba. Enclosure 2 in No. 46. , Extract of a Eeport from the Emigration Commissioners to H. Merivale, Esq.. dated, Emigration Office, March 6, 1858. " We have to acknowledge the Earl of Shelburne's letter of the 1 5tb ultiniO, enclosing a Report from Her Majesty's Consul-General in Cuba, on the subject of Chinese immigration into that island during 1857, and desiring us to offer any observations which may occur to us in regard to the mortality which took place in the British ships engaged in this traffic, and to state, as far as we have the means of doing so, whether the pro- visions of the Chinese Passengers' Act are complied with by British vessels canying Chinese passengers. - ' " 2. From the Schedule attached to Mr. Crawford's despatch, it appears that 63 vessels, measuring 42,930 tons, took on board for Cuba 23,928 Chinese passengers ; that of these 3,342 equal to 14 per cent, died on the passage, that of the above 63 ships, 26 measuring 18,549 tons were British, and that these British ships embarked 9,606 passengers, of whom 1,391, equal to 14.48 per cent., died on the voyage. Mr. Crawford gives no specific information in respect to the causes of this great mortality, but attributes it in general terms to the state of the passengers at the time of embarkation, to the badness of the water on board, and to the sudden withdrawal of opium from those accustomed to smoke it. " 3, From a return of so very general a nature no inference can be drawn. The only facts which it shows bearing at all on the question of mortality are the numbers embarked compared with the tonnage of the vessels which carry them. But they bear apparently no relation to the number of deaths. Thus the space in the British ships, assuming their tonnage as a criterion, is rather above the average, yet their mortality is also above the average mortality. But the most striking contrast is between three Portuguese and three Peruvian vessels comprised in the return. In- the three Portuguese vessels measuring 1,246 tons, 1,049 passengers were embarked of whom only 28, equal to 2| per cent., died. In the three Peruvian ships measuring 2,484 tons, 1,314 passengers were embarked, of whom 502 or 38^ per cent. died. Thus while the tonnage of the ship was doubled, and the number of passengers increaised by only one-fourth, the mortality was multiplied 14 fold. It is indeed stated that one of these vessels lost 117 out of 292 by bad water, but even deducting this vessel, the mortality in the two others would be 37.67 per cent, or 1 31 times as great as in the Portuguese ships. " 4. With such opposite results in the only facts which the return discloses, it is im- possible to draw any inference from it, and we regret to say that the other information at our command does not enable us to supply the deficiency. We have scarcely any infor- mation on the subject of Chinese emigration during 1857, beyond what is comprised in the letters from the Foreign Office to' the Colonial department of 6th June and 17th August last, which were commimicated to us by Mr. Labouchere's directions. But the facts stated in the enclosures to those letters show that the collection of emigrants in China is carried' on in a Very irregular and unsatisfactory manner, and without those precautions which are necessaiy to ensure that the people put on board are voluntary emigrants, and at the time in a fit state -of health-to undertake the voyage. Those cir- cumstances, taken in connexion with such particulars as reach us from other quarters, (^ 79 )• ead us to believe that a large portion of the mortality is probably attributable to the flabits of_ life, of the people who embark and to their state of health at the time of embarkation. No. 47. No. 47. Copy of a DESPATCH from Governor Sir John Bowring to the Right Hon. BoSg'to the' Henry Labouchere, M.P. Right Hon. H. (No. 38.) Government Offices, Victoria, Hongkong, ^'SSTss^'^' March 27, 1858. - ^'^» (Received 21st May, 1858.) I HAVE the honour to inform you, that in compliance with your in- structions conveyed in despatch No. 101,* dated 18th August 1857, proceedings #Page68 were taken to enforce the payment, of the bond signed by Messrs. Lyallj Still & Co., in the case of the " John Calvin," and yestprday a verdict was given for the Crown for the amount of the said bond, viz. 1,000/., the jury having appended to their verdict the opinion which you will find referred to in the various documents which I now enclose. I received from Messrs. L'yall, Still & Co. the application, of which I send copy, requesting that I should stay the execution for the penalty involved in No. 1. the verdict. I could not consent to this in a case where I have been acting under your direct instructions, but I have expressed my willingness, under the peculiar circumstances of the case, to recommend to you a mitigation of the said penalty. I forward herewith letters from the Chief Justice and the Attorney-General, by which you will see that such mitigation would be deemed by both a becoming ■ '^ No. 2. act on the part of the Government. No. 3. Had not the prosecution been instituted in consequence of your directions, I should not have hesitated in suspending the payment of the bond. The liouse condemned is one of great respectability ; it availed, itself of no legal quibble or technicality to escape responsibility, and I am persuaded there was no intention or desire on the part of Mr. Lyall to evade the requisitions of the law. Mr. Ansteyhas availed himselfof the opportunity to make some observations on the Coolie trade, which is undoubtedly associated with horrible cruelties and crimes. Several documents I have lately forwarded to the Earl of Clarendon will, I doubt not, excite his Lordship's attention ; and, perhaps, you may think it desirable to convey to the Foreign Office Mr. Anstey's statements as to the character of the contracts entered into with Coolies shipped for the Havannah. ilight Hon. Henry Labouchere, M.P. (Signed) iOHN BOWRING. &c. &c. Sec. Enclosure 1 in No. 47. End. 1 in No. 47. gijj Hongkong, March 25, 1858. In reference to the cause which was tried to-day in the Supreme Court, of the Queen against ourselves, in the matter of the " John Calvin," we have the honour to inform you that a verdict was found for the plaintiff, but that the jury unanimously appended to their verdict the expression of their opinion,, " that the ship, ' John Calvin,' was fitted and properly equipped for the purpose ; that there was ample provision, space, and accommodation in the ship for the number of passengers taken in the ship ; that the mortality arose alone from the act of God ; and that the act of the emigration officer, in not landing all on board in excess of the 81 named in the certificate, may have misled From what fell from his Honour the Chief Justice and the Honourable the Attorney- General in the course of the trialj we believe we are correct in stating that they quite concur in this expression of opinion on the part of the jury ; and we would therefore solicit from his Excellency the Governor the indulgence that he would give directions for stav of execution for the penalty involved in the verdict until the matter can be brought to the notice of Her Majesty!s Government, and the pleasure of Her Majesty be known thereon ^^ ^*^^> ^*^' tnereon. . (Signed) Lyall, Still, and Co. To the Hon. W. T, Bridges, Esq., D.C.L., Acting Colonial Secretary, &G. ,&ic. &a ' (250.) K 4 ( 80 ) End. 2 in No. 47. Enclosure 2 in No. 47. - Sir, Hongkong, Friday, Marcli 26, 1858. With reference to the case of the Attorney-General v. Lyall and Still, I beg to repeat what I stated from the Bench yesterday, that I feel assured when the home authorities have the whole matter before them, when they are made acquainted with the very fair, upright, and honest conduct of the defendants, who, as owners of the ship " John Calvin," evinced throughout the utmost anxiety to comply with every requirement of the Chinese Passengers' Act of 1852, they will not insist upon forfeiture of the bond. The Crown having, with the laudable view of inquiring into the real cause of the awful mortality whicli occurred on board the " John Calvin," thought fit to institute legal proceedings, I allowed the whole case to be fully entered into, although in the view I took as to the legal construction to be put upon, the 18 & 19 Vict. c. 104, the greater portion of the matter introduced was irrelevant, strictly speaking. I directed the jury that, inasmuch as there were on board a greater number of Chinese passengers than specified in thex;ertificate of the emigration officer, their verdict must be for the Crown. I, at the same time, told them that they were at liberty to find any facts , specially if they so thought fit. They, accordingly, found — " That there was ample space and accommodation and suflicient provisions for the number of passengers actually on board, and that the mortality on board was the act of God. That the ship was in every respect properly equipped, and that the fact of the emigration officer having allowed the excess of passengers above 81 to remain on board was calculated to mislead the captain and owners." I have, &c. ^ The Hon. the Acting Colonial Secretary. (Signed) John Walter Hulme. End. 3 in No. 47. Enclosvire 3 in No. 47. Attorney-General's Office, Hongkong, Sir, March 26, 1858. The Crown Solicitor has informed you that in the case of "The Attorney-General V. Lyall and another," I obtained a verdict yesterday before a special jury of seven, for the full penalty of the bond given by the defendants and their absent principal, Mr. Thornhill, late master of the " John Calvin." I did not oppose the wish of the jury to append to their verdict a recommendation of the claims of Messrs. Lyall and Still, the defendants, to the favourable consideration of his Excellency in respect of the remission of the penalty, or the stay of execution. There can be no doubt that the vessel was well found in all respects for the number of Coolies actually on board, that the mortality of the middle passage was the act of God, and that, by Mr. Hiilier's informing Messrs. Lyall and Still that he should not order the number of Coolies in excess of 81 to be relanded here, that lamented and most excellent officer did mislead Messrs. Lyall and Still as to his powers, their liabilities, and the intentions of Government. Moreover, I am bound to acknowledge the fair and honourable frankness with which every particle of evidence, however inadmissible on strict principles of law, was allowed by the defendants to be used on the part of tlie Crown, it being their own desire that the whole of the facts should be before the jury. And I must here remind his Excellency that this too was their conduct from the beginning'. If they had not furnished his Excellency's Government, when first applied to, with the extract from the master's letter from the Havannah, detailing the important particulars of his voyage, the action could not have been tried at all, or at least not until the questionable expedient of commissions to the Havannah and elsewhere had been tried and succeeded. In truth, they have been cast by evidence which themselves furnished. I mention these facts, because they are highly creditable to the defendants, and deserve to be recorded. There are, however, some observations on other questions arising out of tliis trial wliich I wish to lay before his Excellency, since they go to show the importance of a still more thorough revision of the Chinese Passengers' Act, 1855, than it is undergoing or has hitherto undergone, One good result has been obtained,, the closing (by Ordinance, No. 9, of ] 856, approved by Her Majesty) the door to all hope of evasion of the "definition" of " Chinese passen- ger ship," contained in section I. of the Imperial Act. By that Ordinance, vessels clear- ing out hence for any port, with intent there to cominence the voyage of more than seven days' duration, shall be deemed to have commenced it at this port. If the draught Ordinance for the further amendment of the Act, which stands for discussion to-morrow in Council, shall be allowed to pass into a law, a far more mischie- vous fraud upon the enactment will have been prevented for the future. By extending the meaning of " Chinese passenger ship," so as to bring within the several enactments of the Act, applicable respectively to the case, all passenger ships managed or conducted by persons here, but themselves lying in roads or harbours outside our waters, a disgraceful traffic f .'xolusivcly carried on by citizens of American republics, northern and southern, by ( '81 ) ' one French firm,' by one German fii-m, and other foreigners abusing the shadow <5f British protection, and opposing British law to Chinese prohjMtion, must infallibly be rooted out. But I submit to his Excellency that the revision should niot stop here. The disclosures that were made in the course of the proceedings yesterday, of frightful abuses beyond the control and even the knowledge of the oWers and masters of thtese ships, in many cases appear to call for further legislation ; andW much of the mischief is beyond the competence of a single Colonial Legislature to correct, the whole case might very fitly receive the consideration of the Imperial Parliament. : It is ilnpossible to peruse the Spanish form of contract presented to Mr. Hillier by the late Consul for the Spanish Queen at this port, and not to see that every one of the Coolies who accepted the terms therein specified and is now in the JTavannah, is in fact a slave for the period of his service. Let his Excellency take that document and compare it with the carefully and mercifully worded form of contract used by this Government for the purpose of Coolie emigration to oui- OAvn colonies (" Papers and Instructions relatiixg to Emigration fi-om China," January and March 1853), and Sir John Bowring cannot faS to be struck with the contrast. Bearing in mind what are the securities which his own Government provides in such cases, what wiU not be his Excellency's indignation to be told that, where the Spanish shippers and their foreign abettors have unrestrained liberty of action, these are the terms which they impose upon their emigrants, and which are published by themselves under the sanction of their own consular agents : — 1 . To work for eight years in Cuba, under the orders of the speculator or his asdgns, for the contract is negotiable or traxisferable, and whether at prsedial labour or domestic, and whether for private persons or for governmental establishments (inclu ding, of course; the mines), the selection to be entirely at the discretion of the undertaker- 2. Hours of sickness are not to be included in the melancholy computation of the labour term, nor is that to be deemed to have begun on the immigrant's arrival, if sick at that time, but only from the period of his restoration to health 3. No limitation on the master's right to regulate the duration of a day's labour is allowed, except that the bondsman is to have his " Jioras seguidas de deseanso y el tiem/po preciso ade/mas para la corrdda y el alfmjberzo," nor is even Sunday an exception in this respect. 4<. The wages (in the principal case, 4 dollars per mensem) are to cease, and revive with the health and vigour of the Coolie, whose daily food is limited moreover to a half-pound of salt meat, and two pounds and a half of vegetables. 5. That tiiese allowances are short of the usual rate in Cuba may be inferred from th* concluding significant stipulation, that, "although I know and ascertain {aunque yo se' y me consta) that far greater are the earnings of free labourers and slaves (jornaleros libres y esclavoa) in the island of Cuba, I will conform myself to the wages stipulated. 6. Subjection to the " order and discipline " of the " establishment," fee, destined to the immigrant, and especially to the " system of correction " imposed therein, to supply the deficiencies of Spanish law, by way of punishment for " default of application and constancy in labour," for " disobedience of the orders of the master or his agents," and for *' all such like faults ; " and the denial of all right to transfer himself to another master. . . , , 7. Renunciation clear and express of all right of action or suit against the same per- sonages ; and in particular, 8 Renunciation of -all benefit of protection under the ordinances of Isabella II. of 22d March 1864 (Articles 27, 28, 43, 44, and 45), touching colonisation, rescision of contracts and payments of wages, and also of all other laws and dispositions touching the same, hereafter to bepublished. ,^ . ci x /^ • j I It is not uncharitable to suppose that at Macao, Amoy, bwatow, Oumsmgmoon, and other ports in our neighbourhood, this infamous form of agreement is carried through in all cases without scruple, as without check ,,.,,, ^ , , , x .i, « In the particular case, Mr. HiUier so far amended it that he struck out the renun- ciations" last mentioned, and added a clause imposing on the undertaker the condition that no Coolie was to work for more than 12 hours per dienr, upon the average. But these amendments were obviously far short of the exigency of the case. It must be remembered also, that there being no provision for compelhng the emigra- tion officer to re-land aU aUeged emigrants denying their supposed contracts, no less than 206 recusant persons therefore, in whose favour he haxi not interfered for the purpose of making any such amendments, tod some of whom were as he certihes, " mere children" and unfit for such undertaking, were, m fact, carried to sea along with the 81 ; and that of these, all who did not die on the passage are now at Havannah, bound by the common form of engagement ; but unprotected by the special clauses which Mr. Hilher introduced in favour of the rest. , ,. j. vj. j. v I think that such a provision for the compulsory re-landing of passengers ought to be Tmraediaitely recommended for adoption. . , , , j But I father think that no power to clear and pass emigrant labourers, under any CoSractlike the above, ought to be vested in any British officer so long as the slave trade is a crime. (250.) ^ ( 82 ) The indefinite power of coercion ; the want of reciprocity with respect to complaints on the score of wages and food ; the sordid calculation of horcB non of sickness, no matter how necessarily incident to the nature of the employment ; the arbitrary power to transfer and assign the servant ; the arbitrary denial of all power to the latter to exchange masters ; the enormous duration of service, if taken in combination with the probable nature thereof ; and the bold avowal of a right of chastisement not recognized even by Cuban law : these are surely ingredients whose compound is nothing else than unadulterated slavery. I will go further ; the contract is not one of hiring and service at all ; and the laws of " master and servant " are entirely out of place. It is a contract with A. by B. to work not for A. alone, but for all the other letters of the alphabet ; an undertaking not pro- tected by the letter, and to say the least, inconsistent with the spirit of the law, and the policy of Great Britain, whose dominion this island unquestionably is. If, indeed, we were bound by our Chinese treaties to tolerate or give effect to such enterprises, that would change the situation of the case ; but tlie truth is far otherwise. British law is strained, evaded, and violated ; and British policy and honour brought into serious embarrassment for the protection of a traffic prohibited by Chinese law, and carried on within British jurisdiction by aliens, audaciously pretending to be aggrieved because they are threatened by the British authorities with the same restraints to which British subjects are by law amenable. I take the liberty of enclosing the document which has given rise to these remarks. On receiving it back, I will cause it to be restored to the registrar ; his Excellency will see that I have altered the order of arrangement, but not the effect, in my analysis. An Act of Parliament, were it possible to obtain one, for the amendment and consolida' tion of the Chinese Passengers Act, the local ordinance, and the practicable clauses of other enactments of Parliament in pari raateria, would be a great boon to humanity ; for to do complete justice to the present need is only within the power of Parliament. If this be not to be hoped for, much partial good may be done by local legislation ; and I shall be very ready, on receiving instructions to that effect, to prepare the proper ordinance. In conclusion, I have to acknowledge, whilst perusing this last sheet of my present communication, your letter (No. 163) of this date, on the subject of the principal case. I have already stated what took place at the trial, and I need not say that I fully concur in the entire verdict. The case, so far as Messrs. Lyall are concerned, is a very hard one. No one pretends that, as owners, they are liable under the Act. They had no part in the violation of any one of its provisions. But they were also sureties, and it is solely in that character that they are reached, for their master's performance of his obligations. Honestly ignorant, perhaps, that Mr. Hillier had no power to connive at his violations of the Act, or perhaps that they were such, he did violate it merely in proceeding to sea with a number of passengers in excess of the 81, for whom the emigration officer had granted his certificate. Thereby he forfeited his bond, and caused the same forfeitiu-e to fall upon his two sureties. It is right to mention also that Mr. Lyall, in his evidence yesterday, in support of his own case, stated that, on Mr. Hillier's saying, " You must act on your own responsibility, I shall not order the rest to be re-landed here," he, Mr. Lyall, informed Mr. Hillier, and afterwards the Colonial Secretary, that under these circumstances he must desire the master to reland them at Macao (whence most of them had come), on his way to the Havannah ; or, if they preferred that, to take them on from Macao, when he got there, to the Havannah. He added that neither assent nor dissent being signified by those two officers, he gave his orders accordingly to the master, and, as he presumed, the master obeyed them under the same impression with himself Mr. Weatherhead, I find, has quitted his office, it being after hours ; but on the re- opening of the office to-morrow, I shall forward some proofs bearing on this part of the case. I have, &c. (Signed) T. Chisholm Anstkt. End, 4 in No. 47. Enclosure 4 in No. 47. Sib, Attorney-General's Office, March 27, 1858. I HAVE the honour, with- reference to my letter of yesterday, to forward the ^5j ... , . enclosed documents selected Irom among those produced, and read at the trial of the bent in original.) Attorney-General v. Lyall and another on behalf of the Crown. They belong now to the Supreme Court. Also a copy of my own notes of Mr. Lyall's own examination and cross-examination is herewith sent ; it includes the summing-up also. I omitted to state yesterday, that not being able to reconcile it to my sense of justice to mulct these defendants of the amount to which they are liable to me under a recent ( 83) ordinance for my fees, I have directed Mr. Hazeland (acting for his absent partner, Mr. Cooper Turner, the Crown Solicitor,) to omit them from his bill of plaintiff's costs in the action. The Hon. W. T. Bridges, Esq., D.C.K, (signed) T. Chisholm Anstey. Acting Colonial Secretary. Enclosure 5 in No. 47. End. 5 in No. 47. In the Supreme Court. Attorney-General ». Lyall and another. Copy of the Attorney-General's Notes of Defendant Lyall's Examination and Cross-Examination. ■ The Honourable George Lyall, examined by Mr. Day, states : — "My partner and I were in 1856 owners of the ' John Calvin.' It was intended to send to Havaunah 301 passengers. In the beginning of March they were all on board. The late Mr. Hillier was then emigration officer. I had frequent communications with him on the subject. I gave him notice of the intention to carry those passengers. He was aware of the day of her sailing. He went on board several times to inspect her. On the first occasion he found there were only 80 who wished to go. He spent about three days in investigating the case on board. He then told me that he was so thoroughly convinced that they were not ill used, that he would not re-land them. He read the contract to them in my presence. He told me that he was perfectly convinced they knew where they were going, and that they knew the nature of their contracts ; and he said, he believed they were practising fraud on us ; which he would defeat, by not ordering them to land here. I told Mr. Hillier that I should give instructions to the captain to t^e them to Macao, and land them all there, if they would not go on to Havannah. I told Mr. Mercer (the Colonial Secretary) the same ; he said he had been so informed by the emigration officer. They both of them said, I must do it on my own responsibility. She sailed the next day. There were 301 originally ; 297 sailed, four were landed ( I think by Mr. HiUier), one or two of them for punishment ; I forget what the others were landed for. [Is shown the pas- sengers' list.] There are some marked here as not on board. [Is shown his letter, dated ' Tuesday evening,' beginning ' The other men '.] That letter refers to a proposal to substitute some men in place of the recusants. It was not carried into effect. •' The vessel was equipped with necessaries and medicines for 302 days." Cross-examined by the Attorney-General ; states — " By an arrangement with Mr. Hillier, she was to replenish her fuel and water at St. Helena, not having stowage for the whole voyage ; with that exception, she was equipped with necessaries for the whole way. [Is shown the Colonial Secretary's note, dated * Tuesday morning,' beginning ' Dear Hillier — About Mr. Rozario.'] The conversation there referred to by Mr. Mercer I believe to be the one I have already mentioned. [Is shown the draft minutes of Mr. Hillier.] They are perfectly correct, I have no doubt; but I have no doubt of the accuracy of the additional facts I have above stated. I need not say that I do not for a moment believe that Mr. Hillier meant otherwise than most fairly. I had nothing to do with the Coolie contracts ; I was only an owner of the vessel employed to take them." Copy of the Attorney-General's Notes of the Chief Justice's summing-up. Q, j,_.' I do not think I need trouble you, Mr. Attorney-General, to reply. It is only matter oflaw, and I am quite with you. " Gentlemen, I do not agree with Mr. Day's law at all. If you believe the evidence ot Captain Thornhill's letter, you must find a verdict for the Crown. , ,. , •'Nevertheless, I did not wish to prevent the defendants from gomg mto the whole case, " I do not consider that it was necessary to add an express enactment that the certificate of the emigration officer must be an accurate one. That is implied. Otherwise these Acts ^^" BuJTvou are'fully'at liberty to append to your vprdict a recommendation to the favour of the Crown, if you think that there was, in fact, ample accommodation, and that the frightful mortality on board was the act of God." The jury after a minute's consultation, returned their verdict thus :— « Our verdict is for the Crown; and we are fully satisfied that the vessel was in every wav fitted and provisioned for the voyage ; that the mortality was the act of God ; and that re^emSration Officer, bjj not ordering the re-landmg of the Coolies m excess of 81, might have misled the owners." ^ ^^^^ ^^^^^ Hong Kong, March 27, 1858. (signed) T. Chisholm Anstby, A.G. 481. M ( 84 ) No. 48. Governor Sir J. Bowring to the Right Hon. H. Labouchere, m.p. • Page 79. No. 48. Copy of DESPATCH from Governor Sir John Bowring to the Right Honourable H. Labouchere, M. P. (No. 48.) Government Offices, Victoria, Hong Kong. April 12, 1858. jglf (Received June 3, 1858.) With reference to my despatch. No. 38* of 27th March lastj I have the honour to forward to you the enclosed letter to your address from Messrs. Jardine, Matheson & Co., Dent & Co., and other firms, praying a remission of the penalty inflicted on Messrs. Lyall, Still & Co. as sureties in the case of the •' John Calvin." I have &c. The Right Hon. (signed) JOHN BOWRING. Henry Labouchere, M. P. &c. &c. End. in No. 48. Enclosure in No. 48. Sir, Hong Kong, April 10, 1868. We venture to address you, not only unsolicited, but without the cognizance of the parties interested, with reference to the proceedings recently instituted in the Supreme Court of this colony by Her Majesty's Attorney-General against Messrs. Lyall, Still & Co., as sureties to a bond for the due fulfilment by the master of the British ship " John Calvin," of the provisions of the Chinese Passengers' Act, in the hope that you will be pleased to give the case your liberal consideration, for we feel that in the event of the penalty to which they have subjected themselves being enforced, it would, under peculiar circumstances, press with great hardship upon those gentlemen. We do not wish. Sir, to deny that the defendants may have rendered themselves liable to the fine decreed, according to the strict letter of the law ; but a careful review of the wtole case abundantly ^hows that there was no attempt at concealment in any one of their acts ; and the evidence on the trial is equally conclusive as to the fact of the vessel being lade- quately fitted and provisioned for the voyage, as well as fully competent, under the certificate of the emigration officer himself, to convey the ^number of passengers that were on board ; while it is recorded as the unanimous opinion of the jury, concurred in by his Honour the Chief Justice, that the frightful mortality that took place during the voyage was the act of God alone, and in no way attributable to negligence or want of proper care or precautions on the part of Messrs. Lyall, Still & Co. It was, moreover, expressly stated by the Attorney-General on the trial, that it was not as owners of the vessel that he charged the defendants, but solely as sureties to the bond. We would fiirther respectfully submit, Sir, that had the emigration officer strictly done his duty, by ordering the Chinese passen- gers on shore when they demurred to going on the voyage, no ground for the recent proceedings would, in all ;probabiiity, iave arisen ; whereas the course adopted by that functionary was doubtless calculated to mislead, if it was not the sole cause of the whole irregularity. We trust therefore. Sir, after a careful perusal of the evidence elicited on the trial, and on consideration of all the circumstances connected with the transaction, you may be pleased to take a favourable view of the position of the defendants, and to sanction the remission of the penalty. We have, &c. (signed) Jarbine, Matheson & Co. Dent & Co. TUBNEB & Co. LiNDSEY & Co. BiBLEY & Co. To the Right Hon. H. Labouchere, M.P., Her Majesty's Principal Secretary of State for the Colonies, &c. &c. .&c. GiLMAN & Go. Blenkin, Rawsom & Co. Fletcheb & Co. W. H Wabdlet & Co. GxsB, Livingston & Co. HONG KONG. COPIES or Extracts of CoRSESPONDEifCE be- tween the Colonial Department and the Goverfior of Hong Kong, and between the Colonial Depart- ment and the Foreign Office, on the subject of Emigration from Hong Kong and from the Chinese Empire to the British West Indies and to Foreign Countries and their Posses- sions, since the 1st of January 1853. Part I. (^Mr. Hamilton.) Ordered, by The House of Commons, to be Printedf •i.T July 1858. \Price \s.'\ 481. Under 12 oz> ^>:M;:i>:il^ m. n'l'. m fy/K mM^-^!itm% rua lii { > H 1