ISIl y ST/\CK AMffiBC # LIST OF PAPERS. Mr. Johnston to Mr. Addington Fourteen Inclosiires 1. Consul Macgregor to Sir John Davis 2. Consul Macgregor to Sir John Davis 3. Consul Macgregor to Sir John Davis 4. Commissioner Ke and the Governor of Kwangtung to Consul Macgregor 5. Consul Macgregor to the Governor of Kwangtung 6. Consul Macgregor to Sir John Davis 7. Proclamation of Hwang, Governor of Kwangtung 8. Proclamation of the District Magistrate of Nanhac 9. Consul Macgregor to Sir John Davis . 10. The British Residents of Canton to Consul Macgregor . . 1 1 . Minutes of proceedings at a public meeting of British sub- jects, held at the house of Messrs. Dent k Co., in Canton on the 13th July, 1846 .. 12. Consul Macgregor to Messrs. Campbell, Jardine, Comptou and others 13. Consul Macgregor to Sir John Davis 14. Proclamation of the District Magistrate of Nanhae Mr. Johnston to Mr. Addington Four Inclosures 1. Consul Macgregor to Sir John Davis 2. Memorial to the Earl of Aberdeen . . 3. Consul Macgregor to Sir John Davis 4. Consul Macgregor to Commander Cliflord Viscount Palmerston to Sir John Davis Mr. Addington to the Secretary to the Admiralty Viscount Palmerston to Sir John Davis Viscount Palmerston to Sir John Davis Sir John Davis to the Earl of Aberdeen Eight Inclosures 1. Consul Macgregor to Sir John Davis. . 2. Commissioner Ke and the Governor of Kwangtung to Consul INIacgregor 3. Consul Macgregor to the Governor-General of the T' Kwang and the Governor of Kwangtung 4. Sir John Davis to Consul Macgregor 5. Mr. Campbell to Consul Macgregor . . 6. Consul Macgregor to Mr. Campbell . . 7. Mr. Campbell to Consul Macgregor . . 8. Sir John Davis to Consul Macgregor Sir John Davis to the Earl of Aberdeen Four Inclosures 1. Commissioner Keying and the Governor of Kwangtung to Sir John Davis 2. Sir John Davis to Commissioner Keying 3. Extract from the " Chinese Repository" 4. Sir John Davis to Consul Macgregor Sir John Davis to the Earl of Aberdeen Two Inclosures 1 . Commissioner Keying to Sir John Davis 2. Sir John Davis to Commissioner Keying Sir John Davis to the Earl of Aberdeen Three Inclosures 1. Commissioner Keying and the Governor of Kwangtung Sir John Davis 2. Sir John Davis to Commissioner Keying 3. Sir John Davis to Consul Macgregor Sir' John Davis to Viscount Palmerston .. laclosure July Page 24, 1846 1 July July 9, 1 10, 2 July 13, 2 July 9, 3 July July July JulJ July July 13, 4 15, 6 8, 6 11, 7 16, 7 10, 8 . . July 15, 9 . . July 16, 10 . . July 12, 10 .. July 25, 11 . . July 23, 11 .. July 22, 11 .. July 23, 13 . . July 21, 13 . . October 3 14 . . October 3', 14 . . October 17, 15 . . October 24, 15 August 7, 16 .. .luly 31, 17 to . . July 19, 17 ^wo . . July 29, 19 August 3, 23 .. July 30, 24 .. July 31, 25 August 4, 26 . . August 7, 28 . . August 18, 29 August g^ 30 August 14, 31 32 . . August 14, 39 August 27, • 39 August 23, 40 . . August 26, 40 Septcmbe 11, 41 to . . September 6, 43 ., September 11, 43 .. September 11, 44 . . September 22, 44 Placard posted up at Cantoj S0S27:i5 LIST OF PAPERS. Sir John Davis to Viscount PalmiTsloii Three Inclosures 1. Consul Macgrcpor lo Sir John Davis. . "2, Placard postcJ up near the Factories . . 3. Sir John Davis to Commissioner Keyinj? Sir .lohn Davis to Viscount Palmcrston Two Inclosures 1. Commissioner Keying and the (lovcrnor of Kwangtung to Sir John Davis 2. Sir John Davis to Commissioner Keying' Sir John Davis to ^'iscount Palmcrston Indosurc Consul Macpregor to Sir .Tolm Davis . . Viscount Palmcrston to Sir John Davis Sir John Davis to Viscount Palmcrston Four Inclosures 1. Commissioner Keying to Sir John Davis 2. Consul .Macgregor to Sir John Davis 3. Sir John Davis to Commissioner Keying 4. Sir John Davis to Consul Macgregor Sir .John Davis to Viscount Palmcrston Two Inclosures 1 . Charges made hy the Chinese Minister against Mr. Compton 2. Sir John Davis to Consul Macgregor Sir John Davis to Viscount Palmcrston Six Inclosures 1. Commissioner Keying to Sir John Davis 2. Sir John Davis to Commissioner Keying 3. Report of Investigation as to tiring on Chinese at Canton. . 4. Consul Macgregor to the British Merchants and other British residents at Canton .. .. 5. Mr. Campbell to Consul Macgregor . . 6. Consul ^Iaogvegor to Sir John Davis Sir John Davis to Viscount Palmcrston \'iscount Palmerston to Sir .John Davis Sir John Davis to Viscount Palmerston Four Inclosures 1. Sir John Davis to Commissioner Keying 2. Commissioner Keying to Sir John Davis 3. Sir John Davis to Commissioner Keying 4. Consul AIcock"s Notification to the British community at Foo-chow-foo . . Sir John Davis to Viscount Palmerston Five Inclosures 1. Deposition of Charles Spencer Compton 2. Consul Macgregor to Mr. Compton and others. . 3. Mr. Compton to Sir John Davis 4. Mr Caine to the liegistrar of the Supreme Court 5. Consul Macgregor to the Registrar to the Supreme Court Sir John Davis to Viscount Palmerston Two Inclosures 1. Consul Macgregor to Sir John Davis 2. Commissioner Ke and the Governor of Kwangtung to Consul Macgregor Sir John Davis to Viscount Palmerston Four Inclosures 1. Draft of proposed Ordinance 2. Report of the Chief Justice's decision in the case of the Queen r. Compton 3. Rule of the Supreme Court in the case of the Queen r. Compton 4. Rear-Admiral Sir Thomas Cochrane to Sir John Davis . . Sir John Davis to Viscount Palmerston Viscount Palmerston to Sir John Davis Viscount Palmerston to Sir John Davis Viscount Palmerston to Sir John Davis Viscount Palmerston to Sir John Davis Sir John Davis to Viscount Palmerston .'. ., Four Inclosures 1. Consul Alcock to Sir John Davis 2. Sir John Davis to Rear-Admiral Sir Thomas Cochrane .. 3. Rear-Admiral Sir Thomas Cochrane to Sir John Davis . . 4. Government Notification respecting Riots at Canton Sir John Da\ is to Viscount Palmerston Inclosure The American Consul to Commissioner Keying . . Viscount Palmerston to Sir John Davis Inclosure Mr. Addiiigton to Mr. Compton Page September 23, 184G 4G September 1 7, September 19, 48 September 26', 49 September 23, September 26, September 28, September 26, ■ December 10, • October 12, ■ October October October October October October 22, October 28, • October 14, 60 October 19, 61 October 23, 61 October 13, 65 October 15, 65 Octol)er 25, 68 October 29, 68 January 12, 1847 69 November 12, 1846 69 November 18, 81 — 81 November 20, 87 November 29, 88 January 25, 1847 89 January 25, 89 January 25, 90 February 24, 90 December 5, 1846 90 November 17, 91 November 30, 92 December 3, 92 December 4, 93 December 15, 94 August 11, 94 March 11, 184 7 95 March 11, LIST OF PAPERS. 36. S Viscount Palmerston to Sir John Davis A'iscoimt Palmerston to Sir Jolin Davis Sir John Davis to Viscount Palmerston Two Inclosviros 1. Consul Macgrcgor to Sir John Davis 2. Extract of a private letter from Consul Macgrcgor John Davis to Viscount Palmerston Two Inclosures 1. The Earl of Aberdeen to Sir John Davis 2. Consul Macgrcgor to Sir John Davis Sir John Davis to Viscount Palmerston Viscount Palmerston to Sir John Davis Viscount Palmerston to Sir John Davis Sir John Davis to Viscount Palmerston Four Inclosures 1. Sir John Davis to Commissioner Keying 5. Extract of a letter from Sir Henry Pottinger to the C merchants 3. Commissioner Keying to Sir John Davis 4. Sir John Davis to Commissioner Keying Sir John Davis to Viscount Palmerston Inclosure Sir John Davis to Captain Talbot Viscount Palmerston to Sir John Davis Three Inclosures 1. Rear- Admiral Sir Thomas Cochrane to the Secret the Admiralty .. 2. Mr. Addington to the Secretary to the Admiralty 3. Mr. Addington to the Secretary to the Admiralty iry to Page Manh 11, 1S47 97 iMarch 11, f).S January 13, 98 January 8, 99 January 1 1, 100 January ■J (J, 101 October •'j. KS44 102 January 20, 1S47 lo:i January 29. 103 March 25, 104 March 25, 104 February 12, 105 January 30, lot; 10(i February S, 107 February 13, 10,S February 15, 108 February o, 108 April 14, 109 January 21, 109 October 3, 184G 111 April 12, 1847 111 Correspondence with Mr. Compton. 1. Mr. Compton to Viscount Palmerston. . 2. Mr. Compton to Viscount Palmerston . . Thirty-one Inclosures 1. Consul Macgrcgor to Mr. Compton . , 2. Consul Macgrcgor to Mr. Compton . . 3. Mr. Compton to Consul Macgrcgor . . 4. Consul Macgrcgor to Mr. Compton . . 5. Mr. Compton to Consul Macgrcgor . . 6. Consul Macgrcgor to Mr. Compton . . 7. Mr. Compton to Consul Macgrcgor . . 8. Mr. Compton to Consul Macgrcgor . . 9. Consul Macgregor to Mr. Compton . . 10. Receipt 11. Mr. Compton to Consul Macgregor .. 12. Consul Macgregor to Mr. Compton . . 13. Deposition of Charles Spencer Compton 14. Deposition of Richard James Oilman 15. Deposition of Robert Ellice 16. Deposition of Patrick Dudgeon 17. Mr. Compton to Sir .John Davis 18. Consul Macgregor to Mr. Compton .. 19. Mr. Compton to Consul Macgregor .. 20. Mr. Compton to Consul Macgregor . . 21. Consul Macgrcgor to Mr. Compton .. 22. Sir John Davis to Consul Macgregor 23. Sir John Davis to Consul Macgregor 24. Consul Macgregor to Mr. Compton . . 25. Mr. Compton to Consul Macgregor . . 26. Resolutions passed at a General Meeting of British 27. Mr. Compton to Sir John Davis 28. Letter to Mr. Compton from the Representatives British Firms 29. Petition 30. Decision of the Chief Justice in the Supreme Court 31. Letter addressed to Mr. Compton 3. Mr. Addington to Mr. Compton . . October 28, 1846 113 .. November 28, 113 .. July 25, 114 Septembci •24, ■ 114 .. September 29, 115 Septembci •30, 115 October 1, 115 . . October 6, 115 . . October 7, 116 . . October 7, iiG . . October 8, 116 117 . . October 14, 117 October 15, 117 .. 117 118 119 119 . . October 17, 120 . . October 20, 120 October 20, 121 . . October 21, 121 . . October 23, 121 . , October 18, 121 . . October 23, 122 . . October 27, 122 . . October 28, 123 Subjects ., 123 Novembci ■ 5, 124 of 27 .. November 16, 125 .. 126 November ■24, 127 Novembci ■l(i, 129 . . March 11, 1847 129 Papers relatino- to the Riot at Canton in July 1846, and to the proceedings taken against Mr. Compton, a British Suhject, for his i)articipation in that Riot. No. 1. Mr. Jo/iiiston to Mr. Addington. — {Received September 23.) Sir, Victoria, Hong Kong, July 24, 1846. THE recent disturbance at Canton, in connection with the departure of the mail to England to-morrow morning, seems to render it important that the Earl of Aberdeen should be furnished with all the official infor- mation that has been received at this olfice relative to the serious riot of the 8th instant; and I have therefore the honour to inclose you copies of despatches with their respective inclosures, from Mr. Consul Mac- gregor to the address of Her Majesty's Plenipotentiary and Chief Super- intendent of Trade. In the absence of any instructions to this effect, I hope that this step will meet with the Earl of Aberdeen's approval. I have, &.C. (Signed) A. R. .JOHNSTON. Inclosure 1 in No. 1. Consul Macgregor to Sir John Davis. Sir, Canton, July 9, 1846, at 7 p.m. LAST evening, at a quarter bcfcn-e 7, I received a note from Mr. Compton, a British merchant of this place, informing me that he had been struck by a Chinaman, had returned the blow, secured the man, and carried him in custody toMinqua's hong, in front of which a large crowd was collecting. Whilst I took measures for informing the authorities of what was going on, and calling on them for immediate assistance to repel the threatened attack, Mr. Jackson went to the factories, and exerted him- self to repress the disposition of our countrymen to attack the mob. This he succeeded in doing, until the arrival of local military officers with troops. In the meantime he reported to me the progress of the affair and the probability of its becoming serious. I then repaired myself to the factories, and"finding on the arrival of the local military that they were either unable or unwilling to repel the mob, who were now increasing, and had begun to demolish the wing of Minqua's hong inhabited by British merchants, t was compelled to yield to the importun"^ities of my countrymen and to accompany them to the scene of t!ie riot, in order to disperse the rioters; on condition, however, that they would not fire upon the crowd. The prisoner in the meantime had been allowed to escape. On seeing us advance towards them, they showered a volley of stones at us, and retreated, followed for some distance, as I afterwards learned, by several with muskets and other fire-arms. These were at length pro- voked to fire on the crowd, by which I lament to state three Chinamen were killed. I was not present when this occurred, nor was I cognizant B of it till some time after. Another party of foreigners who had remained outside the gate at the top of Old China-street, being pelted furiously by the rabble collected there, were also induced to fire on them, by which some were wounded, two of whom were left on the street, and afterwards conveyed to the hospital in Hog-lane. A Parsee in the house of D. andM. Rustomjee and Co., had his leg broken by a stone, and a German is, I understand, hurt, though not seriously, by another. The foreign community formed themselves into watches for the night, and were stationed at the several gates of the factories, and the avenues leading to them, the Chinese military officers disposing of their force in the manner they thought most advantageous. The rest of the night passed without further disturbance. Early this morning I received assurances from the authorities that they would use every endeavour to prevent further mischief, and they entreated me to urge upon my countrymen to keep quiet within their fac- tories. Several ships' boats having arrived with men from Whampoa, it was soon found necessary to prevent them from obtaining spirituous liquoi's. I accordingly issued a circular to our merchants, calling on them to keep the crews of such vessels as were consigned to them, within their respective factories, and again exhorting them not to commit any acts of aggression, but to use all proper means for the protection of their lives and properties. Captain Steen Bille has ordered fifty of his crew to come up from Whampoa to assist in repelling- any further attack. It is difficult to con- jecture at the present time what may take place. The rabble are much incensed by the death of their companions, and the shopkeepers of China- street are removing their goods, which people of experience here look upon as an indication of further violence. But it is to be hoped that the mis- guided mob will become cognizant of the preparations making for resistance and defence, and will be deterred by the certainty of serious personal loss from resuming offensive measures. I have, &,c. (Signed) FRANCIS C. MACGREGOR. Inclosure 2 in No. 1. Consul Macgregor to Sir John Davis. Sir, Canton, July 10, 1846. THE steamer " Corsair" having advertised to leave to-morrow morn- ing early, I avail myself of the opportunity of stating that nothing further has transpired at the factories to disturb the peace of the foreign com- munity. Every precaution is observed by them and the Chinese military, to prevent a recurrence of disorder, by keeping the rabble at a distance. I have, &c. (Signed) FRANCIS C. MACGREGOR. Inclosure .3 in No. 1. Consul Macgregor to Sir John Davis. Sir, Canton, July 13, 1846. IN reference to the late disastrous riot at this place, I have great satisfaction in reporting that since my last despatch on the subject, perfect quiet has prevailed in the quarter of the factories. Early in the day after the disturbance, a body of armed men from the Danish frigate, and several armed boats' crews from the merchant-vessels, came up and were quartered in the factories by their respective consignees. The fol- lowing morning, however, they all returned to Whampoa, and nothing more has since been deemed necessary than to post a few sentries from among the foreign residents themselves, in order to prevent the possibility of a surprise. A strong and apparently sufficient force of Chinese and Tartar soldiers is stationed at the top of China-street, with outjmsts at the principal avenues, and to all appearance no danger exists of any further outbreak for the present. The inclosed correspondence with the high authorities will show your Excellency the nature of the difficulties now to be contended with, and will supply (Ictails it was impossible to furnish in my first report. A proclamation has been issued by the Governor for the purpose of allaying the excitement of the rabble. As soon as obtained, I will forward it for yoiu- Excellency's information. It is rumoured that meetings are being held within the city by the literati and gentry, but the tenor of their deliberations has not yet trans- pired. Business in the shops lias resumed its usual course, and there is nothing to be noted in the denieanour of the populace indicative of a more angry feeling than usual. I have, &c. (Signed) FRANCIS C. INIACGREGOR. Inclosure 4 in No. 1. Commissioner Ke and the Governor of Kwangiung to Consul Macgregor A Communication. (Translation.) KE, a member of the Imperial Family, Imperial Commissioner, Guardian of the Crown Prince, assistant Minister, a President of the Board of War, and Governor-General of the Two Kwang ; and Hwang, a Vice-President of the Board of War, and Governor of Kwangtung, hereby make a communication. Yestei'day evening the District Magistrate of Nanhae reported to us that an Englishman named Compton had got drunk and created a dis- turbance with the people ; and we also received your note stating that " a disturbance had taken place at the factories," "&c. On this we issued a proclamation, and at the same time sent orders with the utmost speed to Lew, the Prefect of Kwangchow, and to the Colonel Commandant, Yee, to proceed to the place with soldiers. Further, the Provincial Judge, Yen, and the Grain Collector, Chaou, hastened there with all speed in order to suppress the tumult ; but three of the people had already been killed, and a number of them wounded by the fire-arms of the English, and it was only after the officers and soldiers had exerted themselves to the utmost that the people began to disperse. We have again given orders to the civil and military officers to take soldiers and protect the thirteen factories and that neighbourhood. But we find on examination that it is reported the Englishman Compton had previously to this got drunk and created a disturbance ; why is it, there- fore, that you have failed to restrain him, so that he has again, influenced by liquor, acted in a disorderly manner, and been the occasion of a serious case, and [why have you] permitted the English to discharge fire-arms at their pleasure, so as to kill three of the people and vvouiul many of them. A perpetual peace having been established between our two countries, both parties must restrain tlieir merchants and people, not allowing them to create disturbances. Then will it be possible for us to give mutual protection, and for all to enjoy profit and advantage. But the ])resent violent conduct on the part of the Englisli is certainly not the way to perpetual mutual tranquillity. It is therefore our bounden duty to write to you on the subject. As soon as this communication reaches you, ascertain with all sjieod what it was that gave rise to the fighting, and who the various murderers are that made use of fire-arms so as to wound the Chinese people, and give us a reply on the subject, and also take earnest and sincere measures for the prosecution and punishment [of the guilty] in accordance with the B 2 treaties, in order to manifest justice and good faith, and dispel hatred and dislike. This case involves the loss of many lives besides the wounding- of many persons; hence if ideas of partial protection be in the slightest degree entertained, it follows that jicoplc's minds will rebel, anger will accumulate in a still deeper degree, and it is to be apprehended that it may produce something not anticipated, and which occurring suddenly it will not be possible to guard against. You, who have hitherto been intelligent in business and in right principles must devise mature mea- sures for the satisfactory settlement of this affair. A necessary commu- nication. For the British Consul, Macgregor. July 9, 1846. Inclosure 5 in No. 1. Consul Macgregor to the Governor of Kwangtung. Canton, July 13, 1846. I WAS addressing your Excellency a complaint on the dilatoriness evinced by the local authorities in dispersing the rioters assembled between Minqua's hong and the foreign factories in the afternoon of the 8th instant, when I received your Excellency's communication of the 9th on the subject of the events which have taken place in consequence thereof. On submitting to your Excellency the following details of what I have myself witnessed, and what has been communicated to me by other parties, I must premise that the disturbances which happened last Wednesday are mainly to be attributed to the crowded state of the streets on both flanks of the foreign factories, where, contrary to the stipulations of Sect. 4 of the Regulations of the 12th July, 1844, a multitude of idlers of the lower classes of Chinese are constantly attracted by the presence of quacks, fortune-tellers, barbers, beggars, and showmen, notwithstanding that repeated applications were made to the local authorities to remove these nuisances. It was in one of these streets, on the west side of the thirteen factories, that the late disturbances took their origin. On Wednesday evening, between 6 and 7 o'clock, I received a message from the British merchant Compton, by which he informed me that in passing the streets leading to Minqua's hong he was struck by a Chinaman, whose blow he returned, and was then violently pelted with stones by the crowd ; that he succeeded however in securing and con- veying the offender in custody to Minqua's hong, before which a large crowd of the lowest class of people was collecting with every indication of being intent upon mischief. 1 beg to observe that when this happened Mr. Compton was far from being in a state of inebriety, as has been erroneously reported to your Excellency, although he would naturally have shown some excitement at the indignity offered to him. His state- ment was corroborated by several persons who successively arrived at the Consulate to claim assistance for dispersing the rioters, whose principal attack was directed upon Minqua's hong (the residence of several British merchants), notwithstanding that the prisoner had been allowed to escape very soon after his capture. After having given notice of the disturbance to the local authorities, and claimed their protection for the foreign factories, I repaired to the spot in person. I found all the foreign residents (who were provided with arms for their defence) in a state of considerable excitement, and the mob actively employed in throwing large stones over the walls of the factories, and in demolishing Minqua's hong on the opposite side of the street. For upwards of half an hour I was stationed near the western gate, within the factories, but no preparations for checking the progress of the rioters being apparent, foreigners grew more and more impatient at I the delay of the military force, whose speedy arrival had been repeatedly announced to them. The lanterns of the Assistant Magistrate of Xanhae, followed hy police-runners, wei-e now seen moving towards the scene of the riot, but it was not long before that oflicer was obliged to return, leaving the mo!) to continue their work of destruction witliout inlerruj)tion. Already they had succeeded in destroying the iron bars of one of tlie lower windows, and in battering in the wall in another part of the building, into which combustibles were thrown, evidently with the intention of setting it on fire. It was near 9 o'clock, p.m.; the disturbance had been going on fullv two hours, and no military force to repel it was in sight. The w inds, although light at that moment, blew from the southward. If the rioiers were allowed to establish themselves in INlinqua's hong without an effort being made to dislodge them before they had set lire to it, the thirteen factories were in imminent danger of being pillaged and burnt by the mob, an event that would have been attended with the destruction of a great deal of valuable property, and eventually with the loss of many lives. Considering these circumstances, I held a consultation with Dr. Parker, the acting American Charge d'Affaires, with whom I agreed in opinion that there was periculum in demord, and that it was the common interest of all, Chinese as well as foreign, to drive the thieves from their lodgment and keep the place clear until a sufficient Chinese militarv force should arrive. A number of persons consisting of English, Americans, and other foreigners having volunteered for the service. Dr. Parker and myself offered to accompany them to the spot, with the understanding that no fire-arms should be used, unless in a ease of emergency and by command. Accordingly we went out of the gate, directing our steps towards Minqua's factory. On seeing us advance upon them, t!ie thieves who had gathered there assailed us with a volley of stones, and then precipitately retreating, were pursued for some distance, as I afterwards learned, by several of our party with muskets and other fire-arms. Tiiesc were at length compelled to fire on the rioters, in which affray I lament to state several of the latter were killed. I was not present when this occurred, nor was I cognizant of it till some time after. Another party of foreigners who had remained outside the gate at the top of Old China-street, being- pelted furiously by the rabble collected there, were also constrained to fire on them, bj^ which some were wounded, two of whom were left in the street and afterwards conveyed to the hospital in Hog-lane. On the side of the foreigners a Parsee had his leg broken by a stone, and a German, I understand, is hurt in the head, not to mention several contusions received by others from the effects of missiles, but of minor importance. At about 10 o'clock, or half an hour after the affray was over, the Prefect arrived with a band of soldiers. The gates at the avenues of the adjacent streets were closed and guarded, and notiiing further occurred during the night to disturb the })ublic peace. From the foregoing statement of facts, your 1-Cxcelleney will per- ceive how utterly impossible it is to deal with this matter in the way you propose, and that they are not cases of murder that are now treated of, but justifiable homicide incurred by rioters illegally asseml)lcd and in the act of forcing into, and destroying the dwelling of j)eaeeable indivi- duals for purposes of plunder. There was no intention whatever on the part of the foreigners to take life; they fired at random in the dark streets, and each of them is consequently ignorant whether or not his ball took effect. Thus it is imj)ossible for me to indicate the individuals who were the immediate instruments of the several deaths whicii ludbrtunately occurred. But I shall at the same time be read\ , so far as 1 am able, to afford your E.vcellency any other additional information in elncidution of this untoward event, which you may point out to me. In reference to the concluding part of your Kxcellency's Ii'ltci-, 1 find myself called upon to remark that, on the partof tiie lirifish residents and foreigners generally, a strong desire prevails to inq)rovt' our relations and cultivate a friendly feeling with your countrymen, but it is obvious to 6 everybody that a like disposition is not fostered in tlie minds at least of the common j)coplc at Canton, whose insolence towards foreigners is almost proverbial, evincing an exclusiveness and want of hosj)itality unparalleled in any other civilized country. I would therefore respectfully and earnestly submit that the common people should be cautioned not on every slight occasion to endanger the lives of foreigners by assailing them with stones and other missiles, the latter being far from (iisi)osccl (|iiictly to endure such indignities. In the present instance it will be manifest to the good sense of the respectable portion of the Canton population, that they ought not to identify them- selves with, or demand reparation for the casual death of a few common thieves and vagabonds, whose lives would have been forfeited to the laws of China if the ofl'endcrs had been captured in the very act. Should any one who suffered belong to a better class than those described, it must be sincerely lamented by every man of right feeling, who cannot however but be sensible that, whosoever from idle curiosity or any other cause gives countenance to a mob of rioters by swelling their numbers, must neces- sarily involve himself in the same danger and consequences to which all were indiscriminately exposed. (Signed) FRANCIS C. MACGREGOR. Inclosure 6 in No. 1. Consul Macgregor to Sir John Davis. Sir, Canton, July 15, 1846. I HAVE now the honour to inclose copies and translations of the proclamations referred to in my despatch of July 13, from which it will be seen that some difficulty is likely to attend the settlement of this unfortunate affair, as regards the death of those who fell in the affray w ith foreigners. My correspondence with the authorities, inclosed in my above-mentioned despatch, contains all particulars that have yet transpired on the subject. I have not yet received any answer to my letter to Governor Hwang, nor have I anything further to report for the present. 1 have, &c. (Signed) FRANCIS C. INIACGREGOR. Inclosui-e 7 in No. 1. Proclamation of Hwang, Oovernor of Kicangtung. (Translation.) I HAVE this moment heard that the inhabitants of the neighbour- hood of the thirteen factories have had a quarrel with the foreigners on account of some altercation, It will be my duty to take measures in strict adherence to justice for ascertaining who is wrong and who is right ; and if the foreigners should really be in the wrong, certainly no course of action will be followed requiring a submission to oppression on the part of the natives. Do not therefore collect together and create disturbances so as to bring on your- selves a legal apprehension and prosecution. Yield a reverential obedi- ence. A special proclamation. July 8, 1846. Inclosure 8 in No. 1. Proclamation of the district Magistrate of Nan/iae. (Translation.) She, the acting district JMagistratc of Nanhae, confirmed as Prefect of the inferior department I^o-ting-, raised ten steps, recorded ten times, and bearing by Imperial authority the title of Sub-Prefect, herel)y issues a most earnest proclamation. WHEREAS on the 8th instant the English had a f|uarrel with the people on account of some trilling altercation, and making a precipitate use of guns, killed three of the people and wounded six of them : — In this the Englisli were assuredly in the wrong. As besides the riot, the occurrence of such an event as that of unlaw- fully disposed persons embracing the opportunity to plunder the inha- bitants and shopkeepers was to be apprehended, I together with the military authorities led soldiers and police to the spot to suppress the tumult and protect the neighbourhood. I, further, inspected tlie dead and wounded, and made a formal report based on the facts to the hig-h autho- rities, and these have written to the British Consul, ordering him to ascertain who the murderers were, and take rigorous measures for their punishment, in accordance with the treaties. The mandarins are to the people as parents to chihh'cn, and will most certainly not fail to redress their grievances when they thus untimeously meet with cruel injuries. But I fear that ve people may avail yourselves of this affair to make a noise about retaliation and again collecting a mob create disturbances, until your cause from being right comes to be classed with those that are wrong. INIoreover as soon as a crowd is collected it is difficult to ensure that there will be no thieves mixed up in it who will embrace the opportunity to commit robberies, thus bringing- ruin on the shopkeepers and inhabitants. It is difficult to distinguish between the good and the bad among you, and if they are apprehended and punished together, though there is nothing worthy of commiseration in the fate oi' thieves who falsely pretend a just indignation in order to forward their private schemes and to wdiom punishment is due, yet it is impossible not to feel pity for the orderly and good among you who being suddenly excited to ang-er join their voices to accompany the others, but then being- involved in error by the thieves meet the same punishment witli them. It is therefore my bounden duty to issue a most earnest proclamation on this subject. For this reason a proclamation is now addressed (o people of all classes at the said place and its neighbourhood for their full iidbrmation. It will be proper to wait for the examination into and settlement of this affair by the high authorities. Let each of you therefore remain quietly at his own business. Do not avail 3'ourselves of this matter to make a noise about retaliation and give rise to other disturbances, thereby bringing heavy calamities on yourselves. My idea is to quiet the place and ])rotect your persons and houses, hence 1 do not regret cautioning- you repeatedly. Let all look up to and have consideration for my motives. Yield a reverential obedience. Make no opposition. A special procla- mation. Issued on 11th July, 1816. Inclosure 9 in No. 1 . Consul Macgregor to Sir John Davis. Sir, Cantoti, July 16, 1846. I HAVE the honour to forward to your Excellency copy of a letter addressed to me by the British community in consequence of a resolution adopted at a meeting held by them, of which I also inclose copy of the minutes. In these documents they express their conviction of the neces- 8 sity for the permanence of a Britisli vessel of war in the river opposite the factories. A coj)y of my reply to this letter is also inclosed, and as therein stated I now beg to hi) the whole before your Excellency for transmission to Her Majesty's Government, with such recommendation or remarks as you may deem advisable to add thereto. I have, &,c. (Signed) FRANCIS C. MACGREGOR. Inclosure 10 in No. 1. The British Residents at Canton to Consul Macgregor. Sir, Ca7iton, July 10, 1846. THE disturbances of the evening of the 8th instant, of which you were in part a spectator, it is unnecessary to relate. You arc aware that for more than two hours a part of the foreign factories was besieged by a furious mob, who succeeded in battering in the walls of Mr. Church's house, into which combustibles were thrown, evidently with the intention of setting it on fire. In defence of our lives and property it became necessary to have recourse to fire-arms, and many Chinese were killed and wounded. But for these vigorous measures it is highly probable that our factories would have been pillaged and burnt; for during all these melancholy events the Chinese officers either neglected to appear, or if they came at all, it was with so contemptible a force as to be instantly driven back by the popu- lace. Information of the tumult was conveyed to you before 7 o'clock, and we are aware that an immediate communication was addressed by you to the Chinese Government, but it was not till nearly 10 o'clock that an efficient force arrived. We doabt not that the culpable dilatoriness of the Chinese authorities would be complained of by you M'ithout any suggestion from us, but as we think more decided measures than any which it can be hoped that they will take are imperatively necessary for our protection, it is to our own Government we must appeal for such, and we therefore respectfidly but most earnestly intreat you to recommend that one of Her Majesty's ships of war should be permanently stationed off the foreign factories, so as to afford us that instant protection which otherwise we must look for in vain. This safeguard is extended to Her Majesty's subjects resident at the other ports opened by Treaty, for at Shanghae, Ningpo, and Amoy, vessels of war lie close to the respective Consulates, and at Foochow as near as the river will admit. The trade of Canton exceeding in extent that of all the other ports united, should not, we submit, i-eceive less protection ; and no aid can arrive from Hong Kong, or even Whampoa, in time to meet dangers such as those we have just experienced. We are quite aware, Sir, that in ordinary circumstances, foreigners look to the Government of the country in which they reside for protection ; but we take leave to remind you that by the Treaty of Peace concluded by Sir Henry Pottinger it is enjoined that the British Government shall keep at each of the ports a vessel of war. We have further to observe that it is declared in the proclamation of his Excellency Sir J. F. Davis, dated 18th May last, that the population of Canton is not sufficiently under the control of the local Government to admit of Her Majesty's subjects avail- ing themselves of the right of entry to the city of Canton, conceded to them under the Emperor's own hand. Under these circumstances, and until the Chinese Government can control their own people and protect us, we have ventured to suggest a measure of which we urgently solicit your recommendation, and v.'hich appears to us the only one which will beeffectual to prevent the recurrence of scenes so painful to our feelings, so pi-cjudicial to our interests, and so foreign to our habits and pursuits. We have, &,c. [Here follow the signatures of sixty-two individuals.] Inclosurc 11 in No. 1. Minutes of Proceedings at a Public Meeting of British Subjects held at the house of 3Icssrs. Dent and Co., in Canton, on the I'Mh July, 1846. Archibald Campbell, Esq., Chairman. The minutes of the last meeting held on Saturday the 11th instant, were read. The letter addressed to F. C. Macgregor, Esq., Her Britannic Majesty's Consul, was read. Resolutions. 1st. Proposed by A. Wilkinson, Esq., and seconded by W. W. Dale, Esq. That it is the opinion of this meeting, that it is absolutely necessary for the protection of life and property, that one of Her Majesty's ships be permanently stationed off" the factories, and that the letter now read praying Her Majesty's Consul to recommend the stationing such a vessel be adopted. — Passed. 2nd. Proposed by W. W. Dale, Esq., seconded by T. D. Neave, Esq. That copies of the letter alluded to in the preceding resolution be sent to the East India and China Associations, and Chambers of Commerce of London, Liverpool, Manchester, and Glasgow, and that they be requested to support the prayer thereof. Amendment proposed by D. Jardine, Esq., seconded by J. G. Living- stone, Esq. That the second resolution be withdrawn until the views of the local authorities on the subject be ascertained. — Passed. The report of the committee appointed at the last general meeting- was then read and discussed. 3rd. Resolution proposed by J. S. Anderson, Esq., seconded hy J. G, Livingstone, Esq. That the report of the committee as now read be adopted. — Passed. 4th. Resolution proposed by W. AVatson, Esq., seconded by C. S. Compton, Esq. That the paper containing the resolutions just passed be circulated amongst the foreign community, so that any otiier foreigners who are not British subjects may enrol themselves if they please. — Passed. The thanks of the meeting having been tendered to Mr. Campbell for his services in the chair, the meeting dissolved. (Signed) A. CxiMPBELL, Chairman. Inclosure 12 in No. 1. Consul Macgregor to Messr. elfort to get the buildings on fire. The danger was most imminent. Self-defence and self-preservation required imme(liate action. The gates leading to the scene of riot, from the front of the factories, were at length opened, while the missiles were flying and the mob shouting and exulting more than ever. The foreigners moved in a mass against the crowd, and that part of it which was on the south retreated precipitately from before Minqua's, the French and S])anish hongs and then down the southern Danish, a squad falling off into New China-street, and a few stragglers skulking down towards the river in Old China-street. A party close by the police station near the gates oi'OId China-street was more determined. Twice or thrice the villains rallied and were nothing- daunted, but rather emboldened by the repeated warning from the foreigners. Two or three of their number fell before the mob gave way. Nearly at the same moment the gang that had been driven down the street of the Danish hong, returned to renew the attack, and their leader paid dearly for his temerity. The foreigners were now masters of the entire space from the police station at the entrance of Old China-street to the entrance of the Danish hong, and thus had free communication from one extreme of their factories to the other. Soon after nine o'clock the Chinese authorities with troops came to the assistance of those who, till then, had been left to shift for themselves. By degrees the troops extended their lines over the ground already occu- pied, through the Old and i>[ew China-streets, Hog-lane, the Thirteen- factorj^-street, or that immediately in the rear of the factories, Lwanhing- street, or that on the west of the Danish hong, making the Flail of the Hong merchants, the Consoo House, their head-quarters ; and before midnight, with permission from the proper quarter, about 200 of the Chinese soldiers were marched into the American garden. We were spectators of only a part of these proceedings, having been on the opposite side of the river, in Honam, when the riot began ; but on the authority of many who were eye-witnesses, we are able to give what we believe to be a correct account of the principal acts which occurred during this trying scene. In consequence of there having been frequent and serious disturb- ances in Canton, occasioned by the intrusion of vagabonds, the Chinese Government agreed, on the ratification of the Treaty of Wanghia, July 1814, to keep all idlers and vagrants away from the vicinity of the fac- tories. As that agreement has an important bearing on the present case, we here introduce the document entire, borrowing it from papers sent by Mr. Cushing to his Government, and transmitted by the Presi- dent of the United States to the Senate, during the second session of the twenty-eighth Congress. The following are the Articles which have been fleliberated upon and settled : — "1. The citizens' shops in the vicinity of the thirteen factories being densely crowded together, there is great liability to the calamity of fire, and we must in anticipation guard against it. Hereafter it is permitted to the merchants and citi/.ens of foreign nations to erect walls on the foundation of their own premises, forty cid^its high, and from one cubit and a half to two cubits thick ; all the additional expense of building, labour, and materials to be defrayed by the occupants of the factories. '•2. From the head of Sintau Lan (Green Pca-strect) on the east, and from the entrance of Tsing-yuen Kai (Old China-street) on the west, to the river, the old wooden fence shall be changed, and a strong wall erected, either of stone or brick, the expense thereof to be defrayed by the foreign merchants. This is granted to avoid the Chinese, in passing and repassing, looking through the fence, causing disturbances and quarrels. F 34 •■ 3. In the three streets, Tung--\van Kai, (New China-street,) Tsing- \ lion Kai (Old Cliina-street), and 8intau-lan, on the north, and on the rear of the factories, it is also perniittetl the foreign occupants thereof to erect high walls, and at the north and south ends of these streets to make strong doors of wood, covered with sheet iron. ••4. Chinese and foreigners being mixed up together, it is easy for troid)le to arise; hereafter therefore at the six gates of the three streets, it is right to establish a military station and posts for sentries, who shall constantly dwell there and keep guard. Men bearing things about upon their shoulders to traflic with (pedlars), are not permitted in front and on the right and left of the factories, to expose for sale melons, fruit, cakes, &c., and likewise all quacks, fortune-tellers, beggars and showmen, and all idlers, and the like are not permitted to pass and repass in front, and on the right and left of the factories, obstructing the way and collecting a crowd of iillcrs. Whoever violates this (regidation) shall be searched out and pursued to the utmost. In the event of any quarrel, or of the cala- mity of fire, these six gates shall be immediately shut and locked, and the idlers shall not be permitted to look through; and should any bandits insist on violently entering, and wrangle with the guards and soldiers, the bandits shall be rigorously seized and punished to the utmost. Jf the soldiers and guards are remiss in expelling them, they shall be severely punished. " 5. At the official stations at the head of Tsing-yuen Kai (Old China street), a clever and able military officer shall be appointed, who shall constantly have command, with soldiers and guards attached to him, who shall reside there to keep watch. Should any wrangling or trifling dis- turbance occur, it shall be warded off by the said military officer in charge of the place ; but in the event of a riot, the said mandarin shall petition the high officers of Government to lead out policemen and soldiers in great numbers, and proceed to make investigation, and so to manage as to preserve peace. " 6. Henceforth the street in front of the factories is not to be a thoroughfare, and the gates at both ends, by order of the Consul may be closed at sunset, and also upon the Sabbath, in ord(;r that there may be no confusion. " 7. If any of the shops in the neighbourhood of the thirteen factories clandestinely sell ardent spirits to foreigners to drink, on being found out, the said shops shall be closed, and the proprietors thereof shall be seized and punished. '' 8. It is not permitted to throw out and accumulate filth at the head of the streets. This has long been publicly prohibited, it being required that all in front and rear of the hongs, and at the head of the streets, should be kept pure and clean. Whoever shall throw out and accumulate filth there, shall on being found out be sent to the officers of Government to be tried and punished. " 9. The foregoing regulations shall be stereotyped and printed, and delivered over to the military officers, to be posted up at the head of each street, that all may clearly understand. (Signed) Hwang Ngantung. July 12, 1844. Peter Parker." It is obvious to remark here, that the late riot could never have occurred if the foregoing regulations had been kept ; and that they have not been is not the fault of the foreign residents. Application to enforce them has been repeatedly and officially made to the Imperial Commis- sioner. He has received the application and acknowledged the propriety of keeping the regulations. " This is on record." Nevertheless for many months past the streets adjacent the factories have been thronged with all manner of hucksters — an intolerable nuisance. Often they have been literally blocked up and rcndeied quite impassable to any and to all, who were not prepared to elbow their way amidst barbers, butchers, portaV)le cookshops, fruit-stalls, cat-sellers and denuded and indescribable riff-raff, such as could be congregated only in a half-civilized and pagan nation. On the afternoon of the 8th, the crowd of this sort in front of Old 35 China-street, one of those places the Chinese autiioiities had pUnlgcd themselves to keep clear, was unusually dense, when an Knglish gentle- man, having occasion to pass that way and linding the street iilled with idlers, pushed one of them aside. Whereupon the man turned and struck him on tiic hack with his fist. This the gentleman returned with his stick. Then came a shower of granite; and the man w iio had struck the first blow, took up a large stone and advancing threw it at the Englishman's head, w ho dodged it and then sprang and cauglit him, and with the assistance of two or three foreigners took him into Minqua's hong, amidst volleys of stones and brickbats. Tluis the dis- turbance began. The Chinese, who struck the English gentleman with his fist, and was taken into the hong, soon cfiected his escape, and has not, that we are aware of, been heard of since; the reason for securing him at the moment w^as that he might be delivered over to the proper authorities for trial. It must be left to the reader and to those whom it may concern, to ascertain, if it be possible, the reasons and the motives that led on the rioters to such lawless and violent acts as those detailed in tlu; first j)art of this article. Who they were we do not know. Their coiuhict affords sufficient evidence regarding their character. During the whole of the riot — after having seen what was going on in front of Minqua's, when we came in from the river a little before 8 o'clock — having been in constant communication with the Chinese people residing near the factories, we know that their solicitude, though only their property was in jeopardy, was scarcely less than that of foreigners. At half-past 8 o'clock their gong beat, and the inhabitants of the six streets adjacent to the foreign residences assembled in their council-house, and adopted measures to meet the exigencies of the occasion. They resolved to shut uj) and barri- cade, and put themselves instantly on the defensive in the best manner each could find means to effect, and all to keep in-doors excepting two, who were to take their stand in the street, each close by their own doors. All the old spears and swords and everything of the sort in the neigh- bourhood were put in requisition. A few of them attempted to remove their property, but the streets were thronged with such desperadoes as to render this measure worse than useless. It was throwing out bait to the furies, and putting prey in the paw of the monster. Wc might say " legion," and the reference to sacred and to ancient history would be most apposite, for the rioters were not less numerically than the Roman legion, nor less boisterous than the tenant of the tombs in the country of the Gadarenes. The character of the mob was of the very worst kind. That of 1839 was more numerous, but far less desperate. A small party were shut up in New China-street, the shopmen having barricaded the north gate, and the foreigners taken possession of the south. Tiiey became perfectly fran- tic ; howling and yelling they ran up and down the street, not daring to rush on the lead and the steel at one end, and unable to force an exit at the other. In the long street in the rear of the factories we had a good opportunity, while unnoticed by the mob, of seeing what it was composed of, and for hours of observing its action. The street was glutted, and every now and then small recruiting parties, screaming and clapping their hands, would shoot off' like a fire-brand, and forcing their way far into the suburbs, try to excite more tumult and augment their forces. But in the good providence of God, this excess of madness produced reaction. The denseness of the mob, hemmed in as it was, rendered it less formidable. The consternation it had excited in all the neighljourliood now took hold of the evil-doers themselves. At 10 o'clock, pursuant to a call from tlio American Consul, P. S. Forbes, Esq., a meeting of the Americans in Canton was held at llie Con- sulate, to deliberate on ways and means for the protection of their lives and property. Tiie meeting however was so much disturbed by reports of the dangerous movements of the mob, that very little was accom|)lished besides, resolving to form themselves into two divisions for keeping watch and guard during the night. This was accordinglv done. Indeed every F2 36 one was on tlie watch, and very few remained ofl their guard or unpre- ])ared for defence. Soon after midnight the mol) I)egan to disperse from the back streets in the vicinity of tlie I'actories, and by 2 o'clock on Thurs- day morning, the 9th. perfect order and (juict were restored so far as the rioters were concerned. Many however of both foreigners and Chinese feared the storm would soon be renewed with increased numbers and fresh violence; consequently a good deal of excitement was kept up by the packing and removing of books, treasure, &,c. At daylight tiie following proclamation from liw'ang appeared on the walls in front of the hong merchants' hall, written in large characters, and bearing date of the preceding day : " Hwang, Vice-President of the Board of War, member of the censo- rate, Governor of the Province of Canton, Director of the Military and Controller of the Commissariat, issues this proclamation. "I have just now unexpectedly heard that the Chinese residing near the thirteen factories have had a quarrel with the foreigners; and it devolves on me, the Governor, to ascertain who are rig"ht and who are wrong, and to act in strict accordance with the principles of justice. '* If the foreigners are wrong, it will be necessary inflexibly to sup- port the cause of the Chinese. But j^ou must not assemble in multitudes to excite trouble which may lead to punishment. Tremblingly obey. A special proclamation. " Instructive commands to be pasted up at the thirteen factories. Given in the 26th jear of Taoukwang, 5th month, 15th day (July 8th. 1846)." The Chinese superior authorities must have felt no inconsiderable concern for the issue of the riot, knowing as they did the desperate character of the rabble bands, and aware also that they would be held responsible for these acts of violence and depredation. Several of them are said to have come out of the city during the night, with, in all, about 1000 troops. In course of the morning boats from His Danish Majesty's frigate "Galatea," with marines, and other boats from the foreign shipping at Whampoa, reached Canton. During the day meetings were held and committees appointed, all having reference to the safety of the community. On the 11th and 12th the two following documents from the local magistrate were made public : "Shi, the acting Magistrate of the District of Nanhai, &c., &,c., issues these explicit and urgent commands. " On the 8th instant a wrangling quarrel broke out between the Eng- lish and the Chinese, and it proceeded to such a degree that three of our people were killed and six wounded. Though the English were certainly in the wrong, yet it is my duty, as magistrate, with a view to prevent lawless men from plundering the houses and shops of our people, to lead out the troops for the suppression of disorder and for the protection and defence of the place. " The bodies of the dead and of the wounded have been examined and the several cases duly reported to the superior authorities; and a despatch has been received from the said authorities, instructing the English Consular officers to search out the murderers and punish them according to the laws. " We, the officers of the Chinese, are to our people what parents are to children. If you are wronged and injured, the exercise of justice (in your behalf) shall not be withheld. But there is reason to fear lest some of you, seeking to vindicate your cause, may again by your wran- gling assemble the multitude and excite quarrelling, so that those who w^ere in the right will find themselves among those who are in the wrong. " Moreover, should the mob once assemble, it will be difficult to pre- vent viigabonds from improving such an occasion to commit acts of depredation and violence ; and the calamities may extend to your own shops and dwellings. Then it will be difficult to discern between the good 37 and the bad : and should you be once sci/.cd yovi may be stricken by (hat iust indi-nation which is due to the vagabonds. Crimes ought to be redressed; for, abas, thev are not without cause. Mow much to be deplored would it be, sho'uld any of our good and cjuiet peoph-, by giving momentary vent to anger and currency to rumours, uivo ve the.nselves with the \agabonds and then be k^ft to suffer as bcuig abke guilty with them ! , i t t i i i "Rio-htitis, therefore, to issue these commands. Uiulerstand, ye people of every class, that it behoves you to await tlie examination and decision of their Excellencies the high officers reganbng al that has transpired. Each one must keep quiet in his own sphere and attend to his own affairs. Do not on any account renew the wrangling, and so create new disorders, that may lead to grave consequences. " I the Mao-istrate, in preserving the local peace, and with a view to the protection of your persons and property, have again ami agaia instructed and admonished you, and you ought to look up and regard the feelings of my heart, yielding obecHence without oj^position. Canton, J uly 1 1th, 1 816." " '•Shi, the acting IMagistrate of the District of Nanhai, &c. &cc., issues these commands. . .,, , , ^, • i " Re«-ardino- the three persons who were killed and the six who weic wounded ""on the" 8th, in the quarrel with the English, it behoves you to await the action of their Excellencies the superior officers, who have instructed the English Consular officers to proceed according to the pro- visions of the Treaty. , , , , r • ,.,.,-1 " It is rumoured that there are vagabonds who love confusion antl disorder, and who under the pretence of recompensing (the wrong) wish to assemble the mob and renew the quarrel. This cannot be allowed, tor should the mob once assemble, there will doubtless he in it lawless men who will improve the occasion to plunder and rob, and the damage will come even to your own houses and shops, as it did on the night of the bth, when the bandits in the midst of the quarrel attempted t« plunder rung- mau's establishment. Under these circumstances, had the civi anc mili- tary officers not led out and directed the police and soldiery, and instantly suppressed the riots and dispersed the mob, the damage would have been indescribable. , . , ^. i • i -, "Most rio-ht it is, therefore, to issue this proclamation, which it behoves you fully to understand. You who are men of business, engaged in lawful pursuits, can clearly comprehend what ,s reasonable. Be not deceived by vain words. From each of your establishments let one or two able bodied men be appointed to unite their strength and act on the clefen- sive If the vagabonds renew the quarrel, instantly band together with the police and soldiery and seize the disturbers oi the peace ior self-pro- tection. Be careful not to get entangled with the evil-doers so as to suffer with them. A special and very urgent proclamation. , , , , ,,,, " Canton, July 12th, 1846. Let these instructive commands be pasted up in front of the hong merchants' hall." P S -Up to this day (July 23d) there are no new indications of insu- bordbiation. His Excellency Kiying returned from his military tour through the eastern departments of this province on the evening of he 17th " Some communications relating to the not have passed between tlie Chinese authorities and the British Consulate, but of what tenor we do not know The only documents made public are, the proclamations given aW which have been well received by the Chinese. The inhab. ants of the six streets, who met in council on the evening of the 8th '-"ed a public notice early the next morning exculpating ^'^.^.^f^^ f,/'^^^^^ ihare in the riot, and declaring that they did only ''^'l^]^ ^11^^^^^^ for self-defence The '^ Tungmau establishment," named m the .>lagis- Slte's ptlamationofthe 12th, was a «-f b-d.in^-house situate^^ e Thirteen-factory-street, in the rear of Mmquas hong, "eax the Consoo-house. The only placard ^^ h^^'« 'V^^lV^^^^^7''^^,^. ilt'^Jr,;", wicked one. pasted up on the morning of the 13th directly over the Magis- 38 trate's proclamation issued the preceding day. It reviles the magistracy, and cries out for the slaugiitcr of '* the savage barbarians." The rabble, so it is reported, iiave made appeals to the gentry, and through "the friends of tiie suderers," to the authorities, and as yet without gaining any sympathy or assistance. However we wait with some anxiety for the seque'K to see" how the whole matter will be closed. Their Excellencies Kiying and Hwang have the means of ascertaining "who are in the right and who are in the wrong.'' and we expect, and all the nations here repre- sented expect, that " the principles of justice will be maintained." The case is a grave one. Blood has been shed ; human lives have been lost; and impartial investigation ought to be made. Tiie public executioner is not a murderer, nor is he who defends himself against the violent assault of incendiaries, however dire be the calamity that may recoil upon their own heads. The Thirteen Factories. Western Suburbs. Lwan hing Street. 1 K„ houses. 1 Shops. Danish Street, south side. -' Danisl hong, north side. New hongs. Minqua's new hong. Spanisl ho 1 French hong. 1 Mi.lgkN va's h„ng. 1 Old China St. south. Old China Stkeet. American Garden. American hong Paushun hong. Imp, or Ma-ying. Swedish or Sui hong. Old English. Chowchow. Eng]h Garde New English Factories. Hong Kong packhouses. The diagram will afford those who have not visited Canton some idea of the position and plan of the " Thirteen Factories,'' Shih sang hang (or Shop sdm hong). By a reference to the 14th volume of the Repository, the manner of numbering them, so as to make out " thirteen," will be seen. The two gardens form '' part and parcel'' of the premises assigned to and occupied by foreigners, and though very small, are their only safe promenades, no house having one of its own. The creek, on the east of the factories, separates them from several of the large pack or warehouses of the old hong merchants, in one of which is the British Consulate, and runs north parrellel Avith the western wall of the city. The Thirteen- factorv-street, running east and west on the north of the factories, is a 39 great thoroughfare : eastward, after passing over tlie ereek, it leads on (o Carpenter's-squarc, to the British Consulate, and to the city gates and the imperial kmding place in front of the city. Tiiere arc two small custom- house stations within the lines of the hictories, one at the mouth of tlic creek and one at the end of Ilog-lane, on the corner of the American Garden ; also three police stations ; one in Hog-lane, near the landing-place ; one in Old China-street, near the American factory; and one in the Danish-street, or Teh-himr; kdi, south side, near the landing place. IJeyond Lwan-hing- street and the Thirteen-factory-street on the west and north, for mdes are densely-populated suburbs. On the west side of Hog-lane and on both sides of Old and New China-streets are lines of Chinese shops. The north ends of several of the factories (indeed of all excepting the New l<:nglish) are also occupied by Chinese shops, the foreigners however having narrow passages through them into the street. The Consoo House is situated on the north side of the Thirteen-factory-street at the head of Old Cluiia- street. The principal scene of the riot was in old China-street, and in front of Minqua's hong. Inclosure 4 in No. 8. Sir John Davis to Consul ]\laci>-res;or. Sir, Victoria, Hong Kong, August 14, 1810. I HAVE attentively perused the statements and depositions concern- ing the origin of the late disturbances at Canton, conveyed in your despatch received yesterday. As it appears from JNlr. Compton's own statement that "he kicked down the stall of a Chinese vendor for no other reason than because the man stood in his way, it must be admitted that such violent conduct was unjustifiable and eminently calculated to create a disturbance. It would have been and might still be a proper check upon the con- duct of British subjects, if you had levied, or were to levy upon INIr. Compton the full fine warranted by your Consular powers on such an occasion, and in no other way can the Chinese be satisfied that all is done on the part of the British Government that justice requires for the control of its subjects at Canton. For the satisfaction of those persons whose relatives fell victims to the late riots, I can see no measure available under the circumstances, except a sum of money from the mercantile community in alleviation of their loss. Such a measure would have the effect (if adopted at the right time) of calming the irritation of the populace. I have, &ic. (Signed) .1. K. DAVIS. So. 9. Sir John Davis to (he Earl of Aberdeen.— {Received October 26.) My Lord, Victoria, Hong Kong, August 27, 181G. I HAVE the satisfaction to state that up to the latest period I iiavc continued to receive from :Mr. Maegregor reports of the continuance of complete tranquillity at Canton. Thus, although I deemed it right to be prepared for the worst, seven weeks have elapsed without any renewal o( troubles. Though the death of the three Chinese is to be lamented ui the abstract, I cannot help thinking (from the experience of the previous American case in 1844) that the example will tend to deter the thieves and vagabonds of which the Canton mobs are composed, from their predatory speculations, by showing them that the foreigners can defend their own property, and that there is more risk to themselves than they anticipated. 40 The Chinese shopkeepers in the neighbourhood have fortunately become alive to the danger of their own dwelhngs, and there is a general sense of the necessity of strong and elfective measures for the maintenance of the public peace. On the 25th instant I received inclosure No. 1 from Keying, jiroposing, in reply to my previous suggestion of a conjoint investigation, that some person should lie detached Irom llong Kong. This however a])peared to be a most unnecessary slur upon Mr. JNlacgrcgor, whose proper business it is, as accredited Consul on the spot, to communicate on any subjects with the Local Government. It will further be observed that all allusion to American participation is evaded by Keying. I accordingly rejilied by inclosure 2, stating that the British Consul would carry on any conjoint investigation that might be necessary, but he could take no cognizance of the acts of Americans. 1 further proposed the terms on which the discussions might be amicably arranged, by the punislimcnt of the Chinese officer whose duty it was to prevent the riot; bv the lining of Mr. Compton for his violent conduct at the outset ; and by a j)ecuniary compensation from the merchants engaged to the reUitions of those persons who were accidentally killed. But above all I insisted on the necessity of preventive measures for the future, by the enforcement of the rules agreed upon in July 1844. I have, &.C. (Signed) J. F. DAVIS. Inclosure 1 in No. 9. Commissioner Keying to Sir John Davis. KEYING, High Imperial Commissioner, &c., sends the follow- ing reply to a despatch of the honourable Envoy, respecting the events of the 8th July. In this it is stated that the result of our investi- gation differs very much from the representation made by Consul Mac- gregor. It is therefore requested that the respective witnesses be con- fronted, and an investigation be instituted in conjunction with the Chinese officers. This paper covered a relation of the events, wdiich I the great Minister have perused. I have repeatedly given orders to investigate the causes of this dis- turbance. As however the details are at variance with the statement made by Consul Macgregor, it is my duty to appoint an officer for exa- mining conjointly into this affair, that the truth may be elicited. This is also in conformity with the regulations of the Treaty, according to which Chinese mandarins are requested to carry on an investigation conjointly and publicly. • I the great Minister have therefore already nominated a functionary for this purpose, and am now only waiting for the arrival of your officer at Canton, who is for that purpose appointed by you the honourable Envoy to manage this affair unitedly. Whilst wishing you glory and happiness I address this answer To his Excellency Her Britannic Majesty's Plenipotentiary, Sir Jolui F. Davis, Bart., &c. Taoukwang, 26th year, 7th month, 2nd day, (2.3rd August, 1846.) Received 25th. Inclosure 2 in No. 9. Sir Jolni Davis to Commissioner Keying. Victoria, Hon-g Kong, Avgust 26, 1846. I HAD the honour to receive your Excellency's note of the 7th month. 2",r! day, proposing that I should send up an officer for the inves- tigation oi ine matters connected wi*^h the late riots. 41 My opinion is, that as Consul a\IacgTC£;;or is expressly a|)p()iiile(l at Canton for all the national afT'airs ol" Ins (iovernmenl, it will be most in conformity with the Treaty tliat he shoiihl he tlie jierson to eommnnicate with the Chinese ofKcers in the investigation of this businf^ss. lint as Amerieans were also concerned, I must inform your Excellency that the British Consul cannot interfere regarding them. They are exclusively under the control of their own autiiorities. It appears to myself that the proper and equitable mode of arrange- ment would be as follows : — The Chinese officer who failed to prevent the riot ought to be punished; Compton ought to be fined for throwing down the fruit-seller's stall in the first instance ; the relations of the three persons killed ought to receive a pecuniary and compassionate compensation from all the foreign merchants at Canton. Since the foreigners merely defended their persons and ]iroperty from robbers, in consecjuence of no succour arriving from the Cliinese authorities, I really conceive that the above is the only mode of settling this unfortunate business. Had a Chinese force arrived in time to prevent the attack on the foreign factories, tiie English and Americans would not have been obliged to fight in their defence. But the most desirable point is to enforce the Regulations of July 1844. It is better to prevent an evil than to provide a remedy after it has arrived. Those regulations if faithfully executed will put a stop to the assemblage of idle vagabonds and robbers, who are always ready near the factories for any scene of violence and plunder. I renew, &c. (Signed) J. F. DAVIS. No. 10. Sir John Davis to the Earl of Aberdeen. — (Received November 28.) My Lord, Victoria, Hong Kong, September 11, 1846. WITH reference to my despatch of 27th August, my last rejiort on the same subject, I have the honour to inclose further correspondence with Keying concerning the Canton riot. On the 9th instant I received the inclosed note from the Chinese Minister, being a mere repetition of former statements utterly at variance with the facts which are notorious to every foreign resident at Canton. The two circumstances which (as I before stated) throw the blame of the late outbreak on the Local Government, are, — first, the non-fulfilment of the arrangement which followed the American riot in 1844 ; and, secondly, the want of any assistance from the civil authorities for three hours, until the incendiaries had been repulsed by the union of the foreign residents themselves. Keying (with that slight importance which Asiatics attach to the charge) unceremoniously throws on Mr. Macgregor the imputation of having made a falc;e report. In my rejily (inclosure 2) I rebut this in terms of decorous moderation, and prove that the real account of the transaction is the one universally and consistently given by all the foreign residents. 1 repeat my opinion that Mr. Com[)ton ought to be fined lor his misdemeanour, and the relatives of the innocent sufferers in the riot relieved, but at the same time call on the Chinese Government to do its own duty by its people, as the only effectual means of preventing the like or even worse occurrences. Mr. JMacgregor has repeated to me the assurance that the lapse of more than two months appears to have removed the feelings of irritation. In my despatch to him (Inclosure 3) I have referred to my pi-evious animadversions regarding tlie case of Mr. Compton, and called his atten- tion to the propriety of still fining that merchant for his misdemeanour. I have, &CC. (Signed) J. F. DAVIS. 42 Inclosurc 1 in No. 10. Commissioner Kei/itig and (he Governor of Kwangiung to Sir John Davis. (Translation.) KEYING, High Imperial Commissioner, &.c., Hwang-, Lieutenant- Governor of Kwangtung, &,c., send a reply to a despatch of you the honourable Envoy, respecting* the riot that occurred on the 8th July, with which they have made themselves fully acquainted. [Here follows a short extract of the aljovc paper.] You the honourable Envoy appear to throw the guilt upon the tardiness of the Chinese local officers in suppressing the riot, to exculpate the foreigners from the crime of having caused the loss of life by the discharge of their fire-arms. The military and civil authorities live at a distance of more than ten Ic from the bottom of Changho hong. They received no information at the commencement of the disturbance, and when the news reached them they had first to assemble the military and police forces, and oidy then they would be able to proceed for quelling it. The soldiers, however, are quartered at various stations at a considerable distance from each other, and could not be assem])led in one moment. This however was done when scarcely a few quarters of an hour had elapsed: and should this be considered delay? When that night the report arrived, Yu the Commandant immediately led forth 400 soldiers, vvhilstShe the Nanhae Magistrate promptly hastened thither with above 100 police- men. At that time many Chinese had already lost their lives by the hands of the foreigners, whilst an equal number had been wounded. The Chinese citizens not only did not withdraw, but drew together in larger crowds, requesting our local officers immediately to hold a coroner's inquest, and procure redress. It was a dark night and the throng very dense. Had the Nanhae Magistrate instantly gone to hold an inquest on the wounded, serious apprehensions might have been entertained that the mischief- makers would have availed themselves of this opportunity to plot the ruin and effect the injury on the foreigners and those in their factories. He therefore did not consent to an immediate inquest. Hence the ill-will of the Chinese was transferred to the local officers; they showed them- selves obstinate and unyielding, and pressed on them in still larger crowds. As soon as I the Lieutenant-Governor received this report, I des- patched the Prefect Lew thither, who took with him King, the officer in command of his troops, with 300 men, hastening to put down the riot. When it came to the ears of Yen the Judge, and Chao the Grain Inspector, they left the city in person to give directions to the Prefect and Alagistrate, and to order the shopkeepers and inhabitants in the neigh- bourhood to give their assistance in affording protection. I the Lieu- tenant-Governor moreover issued a proclamation to the Chinese citizens, Avho then commenced to disperse. As it was however to be feared that after having retired they would re-assemble, I the Lieutenant Governor appointed military officers and civilians, who with their soldiers were for many days together day and night on the alert and constantly at their post. I the great Minister left on my return above 100 men of the military, who have up to this date not yet been recalled. It may therefore be safely affirmed that the Chinese mandarins in this instance amidst the tumult left nothing undone what their strength could effect, in order to secure protection. Consul Macgregor was an eye-witness of the whole, but did not send a true report to you the honourable Envoy, and thus induced the request to punish the negligent Chinese mandarins, which would indeed be repaying kindness with vengeance. If Compton had not yielded to malevolent arrogance, giving rise to this disturbance, and rousing the indignation of the multitude, foreigners and natives would have remained quiet, and the putting down of the riot by the mandarins not have been required. It would therefore be unjust not to charge Compton as the author of the disturbance, and solely thi-ow 43 the blame upon the local military and civil authorities. The value of the chattel belonging to the [luilcrcr, wliicli Compton sniaslied to pieces, is small, and u lietlier he is fined or not need not be much discussed. But Compton collared arbitrarily some Chinese, bound and l)eat him, and thus occasioned the disturbance; a proceeding which cannot be so very easily overlooked. The laws of our two respective countries are in a reasonable point of view the same. If a Chinese merchant, when (juarrelling; about a trifle, instantly used force and bound and beat an Knglishman, would you the honourable Envoy consider this right or wrong, or would the merchants of your honourable country brook this? The eyes of all beheld Comj)ton as the author of the riot; he himself acknowledged to be such. Let therefore the right or wrong, the justice or injustice of this one point be settled, and we need not to dwell with many words upon the reasonableness or unreasonableness of the subse- quent use of fire-arms to the destruction of life and the infliction of wounds, for it is self-evident and easily to be understood. We therefore request you the honourable Envoy maturely to consider this affair with impartiality and come to a just decision, whilst acting in conformity with the Treaty equitably. Whilst forwarding this reply we wish you much happiness, and address the same To his Excellency Her Britannic Majesty's Plenipotentiary, Sir John Francis Davis, Bart., &lc. Taoukwang, 26th year, 7th month, 16th day. (6th September 1846.) Received 9th instant. Inclosure 2 in No. 10. Sir John Davis to Covimissioner Keying. Victoria, Hong Kong, September 11, 1846. I HAVE the honour to acknowledge the recei])t of your Excel- lency's note of the Gth instant, concerning the attack upon the foreign factories. It is undoubtedly true that Compton in throwing down the fruiterer's stall behaved very improperly, and I have already informed Mv. Consul Macgregor that he ought to be fined, not as compensation for the small value of the things damaged, but a heavy fine in dollars as a punishment. Since innocent persons, being mixed up with the robbers, were killed, compensation should be made to their relatives. This the English and Americans wish to do. Your Excellency says that the Consul did not send me a true report. But how is it that the evidence of two hundred English and Americans confirm every word he stated? The account I inclosed your Excellency was an American statement, and exactly agreed with the English one. All the newspapers containing these accounts are universally spread over the whole world and cannot be concealed. Why therefore did the district magistrate try to conceal the truth by stating that only English were engaged with the robbers ? His Excellency Hwang truly used the word ^'foreigners,'' which was in exact accordance with the fact. Why should inferior officers be allowed to publish untruths tending to confusion ? Since the robbers attacked an American factory, is it likely that the Americans would consent to be burned and pillaged? The Americans understand reason, and can distinguish the right of destroying robbers from t!ie guilt of unlawfully killing. When therefore after three hours they saw that the district officers did not assist them, they bravely com- bined with the English residents and drove back the baiiditti who were already throwing fire into the factories to burn them. The military officer on guard stated that Compton went into his station where he was surrounded by his soldiers and beat him. But surely a child could not believe that an unarmed man would venture to G 2 44 beat an ofliccr among his own soldiers ; and even if this officer had been an aged woman he would not have submitted to it. How therefore is it possfble to believe one word uttered by that ofhcer ? The truth is, that Comjiton went to seek tliat officer to ciucll the riot, and he, neglecting- his duty, was the cause of the attack by the robbers and the loss of life. It is in vain that he attem|)ts to shift the guilt on another. Unless the Rules of the 12th July, 1814, arc rigorously entorced, I foresee that bloody contests will every day be aggravated until the trade is removed to otiier ports. It cannot be the desire of the Sovereign of your honourable nation that the people, being uncontrolled, should con- stantly attack the foreign factories', and that numbers should be killed in bloody affrays. In 1844 the Americans shot a man, and again this year they together with the English have shot three. Is it not better to enforce the" Regulations of 1844, and by preventing the attacks of robbers to avoid the destruction of human life .' If the district magistrates do not control the people, the result must be general confusion. I, Her Majesty's Plenipotentiary, wishing that the trade should still contiue in its old "channels at Canton, am sincerely desirous that these bloody feuds should be prevented, and therefore request your Excellency to enforce the Regulations of 1844, which were caused by the Americans shooting a Chinese in self-defence. I take, &ic. (Signed) J. F. DAVIS. Inclosure 3 in No. 10. Sir John Davis to Consul Macs-res^or. Sir, Victoria, Hong Kong, September 11, 184G. I INCLOSE you a copy of my note by this conveyance to Keying, in which you will perceive that I do not shelter or justify Mr. Compton in his real share of blame in the occurrences of the 8th July, though 1 object to the absurd portion of the charges against him. You will observe that I admit the proprietv of that merchant being fined, as 1 before stated to you in my despatch of the 14th August, lie ought in fact to have been fined in the first instance on his own admission of the fad, and I am persuaded that Her Majesty's Government in reviewing this serious busi- ness will be decidedly of that opinion. The ordinance authorizes your punishing misdemeanours with a fine not exceeding 200 dollars, which I fear is a very inadequate penalty to a person in Mr. Compton's circum- stances. I have repeated to Keying my opinion of the propriety of some relief to tlie relations of those who, being mixed up with the guilty rioters, unfortunately suffered in the affray ; and I have moreover dwelt on the indispensable necessity of executing in good faith the agreement with the Americans of July 1844, concluded in consequence of the riot of that period. I do not wish the "Nemesis" to remain near Canton longer than you deem it necessary. 1 have, &c. (Sgned) J. V. DAVIS. No. 11. Sir John Davis to Viscount Palmerston. — {Received November 28.) My Lord, Victoria, Hong Kong, September 22, 1846. I HAVE the lionour to inclose herewith a copy of a curious paper from Canton, translated from one of those placards which are so often exhibited to the turbulent population of that place. Its abuse is directed against a I\Ir. Peter Parker, an American, who acts as Charge d'Affaires for the United States. It takes no account of the really valuable and 45 benevolent services which, in iiis donljlc caiincily of suri;o()n and niissionary, he has rendered to the popnlation. by l)ealin<;- their diseases and rcstorini;- many of them to sio-lit, hut liohls him u|) to <^-eneral ohhuiiiy on the i;rouiid of some alleged abnses in his ollicial capacity. The most rcmarkal)lc feature ol' tliis paper, however, is its making (for the first time that 1 am aware of) respectful mention of the Ciovern- ments of foreign States, and attaching importance to tiie continuance of peace with them. "We also presume that all the (jovernments of the various honourable nations will, from the general view of the case, foi-m no partial opinion,'' &.c. ''As tliis" (the execution of ccrlain threals against IMr. Parker) "would injure the peace anil friendship now existing," Sec. I have, &:c. (Signed) J. F. DAVIS. Inclosure in No. 11. Placard posled up at Canton. (Translation.) WE, the gentry, elders, and all the military and people of the whole of Kwangtung province, hereby give timely vent to the popular irritation, caused by the knavery of a "barbarian, in order to avoid doing injury to the existing friendly feeling and harmony. The extensive "virtue and deep benevolence of the Great Emperor of the Celestial Empire, has of late years extended to foreign countries, so that a Commercial Treaty was concluded, which all nations implicitly observed. They therefore appointed Envoys and Consuls to Canton, in order to keep their merchants and people in check, and to preserve tran- quillity ; but not for the ])urpose of planning disturbance by^ means of their power or by the multitude of people at their command. We rejoiced at the repose thus restored to our native land and to foreign countries, and both parties enjoyed the blessings of peace, devoid of all turmoil. In consequence of the above agreement, the United States appointed the Envoy Gushing and others, who behaved themselves quietly and were reverentially obedient, whilst observing the Treaty. We, imitating the noble example of condescension [given us by the Great Emperor] evinced the utmost respect towards him, of which the most conclusive proofs exist. The said nation has now the [medical] practitioner Parker in tliis • situation. He is a mere surgeon and oculist, and not celebrated for any other art, being ignorant of the ]K)|uilar feeling and pursuits. lie has acted in the capacity of doctor for a few years at Canton, and knows some sentences of the native language. As the Envoy of that nation is not on the spot, he has for a short time received the management of the seal and correspondence. Seizing however instantly upon his power, and arrogat- ing to himself authority, he shows the cunning of the fox, and aims at the terror which the tiger inspires; he gives everywhere rise to troubles, and annoys the jjeople. He cllected in the first instance by fraudulent prac- tices "the rent of the llcauchoo, Heaken, Changlo shops, and subse(piently endeavoured to obtain possession of the Tsing-yuen, Tow-Ian and Lien- hing streets, and occui)ied by mere force the hong of Pwan. We at first imagined that this was with the intention of erecting a church for preach- ing,^ and an hospital for the public benefit. Who would have thought that whilst pretending to be a public-spirited man, he sought his private advantage, and fixed his whole attention upon his own abode, in defiance of the provisions of the Treatv. He deceived the peojjle," brought excellent men in trouble, was insa- tiable in his greediness, and shameless in his proceedings. He has now by deceit brought about the taking of the dwelling of a certain Tsang at Nankwan. However, the public opinion is opposed to him, and such things will not be allowed. Though he may make many pretences, and 4G dares improperly to excite the higher authorities, and quote precedents, in order to prefer false accusations against us and to coerce us, yet our superiors are our parents, and will minutely point out the impropriety. We also presume that all the Governments of tlic various honourable nations will, from this general view of the caso, take no partial opinion, and thus prove the claim to the character they have borne. This Parker holds the seals of an Envoy, and ougiit in obedience to reason to observe the Treaty, and in the performance of his public duties show himself pure, in order to maintain the good name of his honourable native land. Why is it then that immediately alter receiving the seals, he makes his situation a plea for acting thus detrimentally, and tiirowing a blot u]ion the character of an officer thi'oughout the city. How can one hope that he will restrain the merchants and people [of his nation ?] Amongst us gentry and elders, a boy who is just three feet in height detests his meddling. Every one says that he stirs up strife in all quar- ters, and will entail misery" for the future. There is some hint and inti- mation that he will be exterminated very soon, so that the wrath of the multitude may be anticipated, and in a moment some calamity, the consequences of his proceedings arise, and his own person incur death openly. As this however would injure the peace and friendship now existing, we give previous notice of tiie nature of his crimes, and paste this up at all the streets, that it may be translated and published in the newspapers, and promulgated for the information of all nations. As Parker is merely the temporary Charge d'Affaires at Canton, his arbitrary proceedings on the strength of his authority will incur the censure "of all nations, and he will not be able to escape this. If Parker however awakes to a sense of his previous errors, he may still expiate his errors for the future. But if he remain stupid and obstinate to the last he will find regrets unavailing in the end. Say not therefore that we did not tell you beforehand. The above "contains the expressions of the public, which will not yield to your machinations. Do not view it as an idle tale. It would be well that you should take care of your own dear self. 26th year of the Ta-tsing Emperor Taoukwang. The public announcement of the whole province issued on a lucky day. [This copy was pasted up at the thoroughfare of Se-kwan.] No. 12. Sir John Davis to Viscount Palmersto?i.— {Received November 28.) My Lord, Victoria, Hong Kong, September 23, 1846. WITH reference to my despatch of the 11th instant to Lord Aberdeen's address, I have the honour to report the state of aflairs at Canton to the latest date. I received the inclosed despatch of the 17th instant from Mr. Consul IMacgrcgor, commenting on an abusive and inflammatory placard, of which a translation is herewith forwarded. This is one of those appeals to the bad passions of the multitude so frequent at Canton ; and t'loiigh I am not disposed to attach a great deal of importance to it, Mr. Mac- gregor was right in at once bringing it to the notice of the local authorities. The one thing needful however is the enforcement of those regulations on the part of the Government which they engaged to carry out in July ISU, but which have been entirely neglected/rom that time to this. I accordingly on the 19th instant addressed the inclosed note to Keymg. 1 call to his recollection that the riot of 1844, in which the Americans shot a Chinese, led to an agreement concerning certain regulations of a preventive nature which were to be established and maintained by the Local Government, but which regulations have been altogether lost sight of, leaving the neighbourhood of the factories in exactly the former state. 47 I then observe that foreigners have abstained fiimi ;iii\ atienipt to exercise their undoubted right of entering the city, but tliat in spite oftliis forbearance they have been assailed in their own dwellings by vagabonds and incendiaries intent on pillage, and met with no sort of protection or assistance from the Ciovernnient. After calling to Keying's mind that he was a[)pointcd bv the Knipcior for the express purpose of ni;»iiitaining tranquillity, 1 conclude b)' informing him that Iler INlajesty's Ciovcrnment have been duly apprized of all the circumstances, and by conveying a solemn warning that in the event of any tlisasters resulting from such palpable neglect and violation of good faith he must be prepared to expect a demand for indemnification. 1 have, &.C. (Signed) J. F. DAMS. Inclosure 1 in No. 12. Cojisul Mac^res-or to Sir John Davis. Sir, Canton, September 17, 184G. I HAVE the honour to transmit for your Excellency's information copy and translation of an inflammatory placard, posted up yesterday in the neighbourhood of the factories, relative to the late disturbance. Upon being made acquainted with the fact, I immediately addressed a letter to their Excellencies the Imperial Commissioner and Governor, requesting that they would adopt such prompt and eflicient measures as might prevent acts of violence on the part of the populace. In consequence of this placard, and also for the satisfaction of the community, I have ordered the steamer " Nemesis " to return to her station opposite the factories, she having been for some time anchored at the entrance of the Macao passage. Notwithstanding my repeated remonstrances that the regulations should be strictly enforced as to the crowded state of the avenues leading to the factories, I have to observe that their present state in that respect is quite as bad as it was previous to the late disturbance. I have, &c. (Signed) FRANCIS C. MACGREGOR. Inclosure 2 in No. 12. Placard posted up near the Factories. (Translation.) THE supplementary regulations and fixed statutes of the Great Emperor, every one of \vhich surpasses in excellence those of the former dynasty, regard the lives of the people as of the highest importance. When "a case occurs involving the loss of human life, and the oHicers appointed to conduct the Local Government evince the slightest insincerity in holding the inquests, or the depositions of the relatives of the deceased be inconsistent with the facts, then these officers are immediately reported to the Emperor and punished. This may be called grave and serious indeed. A still greater sternness is however manifested where the lives of the Chinese people come into comparison with those of foreign countries and outlandish States, for if outlandish devils kill one Chinese the lives of two outlanflish people must be forfeited in return. The imperial laws are luminously manifested, and as the militarv and people generally have all without exception yielded an uniform oljedience to and maintained them, tranquillity has subsisted between the up[)er and lower classes for a long time back. In the fifth month of the present year, however, quite unforeseen, upwards of twenty Chinese were killed by the outlandish devils and (hnir bodies thrown into the river to be buried in the bellies of the fish in it. 48 Yet the high authorities treat the matter as if they had not heard of it, re<;ardiiig the outlaiulish devils as the gods before whom nothing is obscure, "but ranking the Chinese people with fisii and flesh, and treating human lives as contemptuously as hairs in a cap (i. e., as things to be blown awayV They have certainly not memorialized the Km|)eror on the sul;ject. neither have tliev taken tlie necessary measures witli reference to it here. The whole body of the people lament and repine in consequence, and their agony penetrates to the marrow in their bones. All the colleges of the local deities (/. e., public assemblies so called) are ardent in their intentions, entertaining a common hatred of the out- lancUsli devils ; and as tiicre is no other plan that could be acted on, they will be obliged to fix on a certain day on which to come forward and act in this matter. To sum up, the security merchant, Pwan-a-fa, of the Changho hong (Mingqua) must be called on to point out the principals and accessories of tliose outlandish devils that engaged in the fight, in order that they may be burnt with fire; or measures taken to seize them to prevent a single life of our Chinese people being left unrepaid, which would cause the' outlandish devils to become mad and unruly, and greatly detract from the general dignity of our Celestial Empire. If Pwan-a-fa should dare to entertain thoughts of aiming after gain, and protect the outlandish devils by refusing to point them directly out, we will not stop nntil we eat his flesh and sleep on his skin, thus greatly gladdening the minds of the whole body of the people. Publicly notified on a fortunate day of the present month, by all the colleges of the local deities. [The above placard was posted during the night of the 15th September, 1846.] Inclosure 3 in No. 12. Sir John Davis to Commissiouer Keying. Victoria, Hong Kong, September 19, 1846. I HAVE received an official communication from Mr. Consul Mae- gregor, representing that the Regulations of July 1844 were still entirely iMicxecuted, and that vagabonds of all descriptions crowd the neighbour- hood of the foreign factories. Your Excellency is aware that the congregation of idle vagabonds in 1844 led to an attack on the Americans, wlio in consequence shot a Chinese in defending themselves. As the result of this occurrence the Regulations were resolved upon; but nothing was done to enforce them, and accordingly another attack was made on the foreign factories on the 8th July last, on which occasion the Americans combined with the English and repulsed the assailants, leading to the death of three Chinese. Foreigners have long abstained from entering the city, to which they have an acknowledged right. They have exercised this patience and for- bearance with a view to improve and maintain friendly feelings. But they find that in return for this patience and forbearance they are quickly returning to the former state, which it is impossible to endure, and which previously led to disastrous occurrences. I repeat, that they have abstained from any attempt upon the interior of the city— but now they cannot live unmolested in their own dwellings. Their indignation is therefore intensely aroused, and it is impossible to controul them. They perceive that the Regulations of 1844 are not enforced, and that they are obliged to defend themselves against robbers and incendiaries. I conceive that your Excellency was appointed by the P^mperor of your honourable country for the promotion of peace and the prevention of bloody feuds. Now there is no better mode of preventing such feuds than by preserving order, and it is impossible to preserve order without repressing the congregation of vagabonds. Until this is done, we may 49 daily expect the recurrence of {listiirhancos, and perhaps tlio (h>all\ of hundreds on botli sides. I have informed my Government tliat tiie Uei;idaLi()ns of 1811 are still unenforced, and that the district officers of Canton do not control the populace. Indeed the Treasurer and Judge of the province publicly encouraged the people in their hatred of foreigners, as is on record. I therefore solemnly give your Excellency previous warning, that should disasters occur from the defect of necessary precautions, my Government will be prepared to demand indemnity. A most necessary commimication. I take this occasion to renew, &.c. (Signed) J. V. DAVIS. No. 13. Sir John Davis to Viscount Palmerston. — (Received November 28.) My Lord, Victoria, Hong Kong, September 26, 1846. WITH reference to my last despatch on the same subject of the 23rd instant, I have now the honour to report the most recent state of the question regarding- the Canton riot of July 8. Mr. Consul Maegregor was disposed to make the levy of a fine on Mr. Compton, for his misdemeanor in assaulting- a Chinese, dependent on the punishment of the mandarin who neglected to quell the riot ; but it appeared to me that this bartering- of one act of justice against another was objectionable, and that by fining Mi: Compton and putting- ourselves in the right, we should place the Chinese still further in the wrong-. I accordingly directed the Consul to levy the highest fine of 200 dollars under the Consular Ordinance. It is satisfactory to state that my formal protest to Keying- on the non-enforcement of the Regulations for preserving- order (of which a copy was inclosed in my previous despatch) has had the desired effect, and that Mr, Consul JNIacgregor reports the clearing- of the streets and avenues about the foreign factories in a very effectual manner. The same is implied in the inclosed reply from Keying", received yes- terday, in which the punishment of the persons who killed the Chinese assailants is again proposed. In my reply, herewith forwarded, I announce the fine of 200 dollars levied on Mr. Compton for his misdemeanor ; and at the same time com- ment on the circumstance of no punishment whatever having- been inflicted on the mandarin who neglected to quell tiie riot. I then point out the absence of candour and fairnesss in confining- the charges exclusively to the English, when it is universally notorious that all foreigners were promiscuously engaged in repelling the assailants on the factories, and that even the Chinese peaceful inhabitants having- been also attacked by those intent on pillage, had taken mensurcs for their own future safety, by preventing- the congregation of vagabonds. The "Nemesis" steamer, at the request of Mr. Maegregor remains opposite the factories, and the ''Wolverine" sloop of war will be anchored atWhampoa; but the Consul rci)orts that everything is perfectly quiet, and that preventive measures are still in progress. I have, &c. (Signed) J. F. DAMS. H 50 Inclosurc 1 in No. 13. Commissioner Keying; and (he C/uvernor of Kirangliing to Sir John Davis. (Translation.) KKYING, High Imperial Coniniissioncr, &c., Hwang-, Lieutenant- Governor of Kwangtung, cS:c., send the following- reply to a despatch of the honourai)lc Envoy (dated September 19) respecting the non-carrying into elfect of the regulations [here follows an extract of the above pajier.] We, the Cireat Minister and the Lieutenant-Governor, after duly peru- sing this communication ascertained that the military authorities and the magistrate had received directions to make known the Regulations of 1844 to the public, that measures might be adopted for carrying tliem out. We moreover resolved to a])[)oint an able officer to take up his abode [near the foreign factories] with a good number of soldiers for the sake of making investigations and keeping down [the mob]. The people however are powerful by their numbers, whilst their superiors stand isolated. The authorities therefore can only then constrain the people and reduce them to obedience when they treat them rationally; but they cannot be coerced by vainly emi)1oying prohibitions and injunctions. Though the laws of the Central Empire differ from those of your honourable country, yet in this principle I suppose we both agree. As there is now a case of the loss of three lives pending, which has not yet been arranged according to the principle of reason, the Chinese authorities cannot render an account to the people. If we attempt to induce them by main force to yield obedience to those Regulations, this would furnish them with a sufficient plea to ask for retribution and seek for revenge. It is on this account that we, the Great Minister and Lieu- tenant-Governor, though much wishing to issue a severe and lucid pro- clamation, must still delay it and cannot do so in a hurry. You say in your letter that you are apprehensive of another dis- turbance, in which on both sides hundreds of lives may be lost, and words to that effect. As the present case cannot be managed according to the Treaty, the Chinese will in future not yield to the mandarins, when they are about to quell [a riot], and we fear that a disturbance is unavoid- able. The inhabitants of Canton are of a violent and obstinate disposition, the clubs are fond of displaying their spirit and bravery, and it is to be very much feared that the matter will not end with the loss of a few hundred lives. We the Great Minister and Lieutenant-Governor are con- stantly under deep anxiety on account of this circumstance and can neither sleep nor eat quietly. As you, the honourable Envoy, therefore are guided by benevolence and are apprehensive of a new riot in which many lives may be lost, you have merely according to the provisions of the Treaty to prosecute some foreigners who wantonly fired to the destruction of life, and there will be a stop put to the causes of disturbance, the lives of hundreds will be preserved on both sides, and we may adopt measures for carrying the protective regulations into effect; and would this not be excellent? You, the honourable Envoy, will take this matter under matui-e consideration and act up [to your conviction]. We- shall not dwell upon the topics on which we have repeatedly spoken in our various correspondence, but send this answer, whilst wishing you every happiness, addressing the same To his Excellency Her Britannic Majesty's Plenipotentiary, Sir John Francis Davis, Bart., &c. Taoukwang, 26th year, 8th month, 4th day. (23rd September, 1846.) Received 25th instant. 51 Inclosurc 2 in No. ].">. Sir John Davis to Coiiniii.ssioner K('ijiii. I HAVE been informed that certain British subjects, in common with other foreign residents at Canton, have organized themselves into a species of armed body on the ground of necessary self-defence against possible Chinese tumults. It is clear that any superfluous displays of this kind must be calculated to produce irritation, and to originate tiiose evils which they jirofess to avert. It will therefore be prudent, and indeed indispensable, to warn the most forward of any of Her Majestv's subjects so engaged, that in case of unfortunate events occurring, an act of homicide by fire-arms will always be liable to trial before the Supreme Court of this colony, and that it. will require every proof of strong justifying necessity to save the accused from the penalties of manslaughter, or even murder. I have, &c. (Signed) J. F. DAVIS. No. 17. Sir John Davis to Viscount Palmerston. — {Received December 29.) My Lord, Victoria, Hong Kong, October 26, 1846. MR. CONSUL MACGREGOR has informed me that Mr. C. S. Compton,whom I deemed it necessary to fine 200 dollars as the originator of the fatal riot of the Stli July last, intends to make some sort of appeal to the Supreme Court of this colony. My previous despatches have placed your Lordship ftdly in posses- sion of the i-easons which made it indispensable to fine Mr. Compton. It was the only act of justice which I could render to the Chinese Govern- ment on their reiterated requisition, and if that merchant could by any possibility relieve himself from the penalty, the chances of forbearance on the part of our people towards the Chinese, and of the consequent main- tenance of peaceful relations, would be small indeed. I forward the charges made by the Chinese Minister, and a portion of these were proved on investigation. Inclosure No. 2 in my despatch of the 7th of August also contained the charges against Mr. Compton, I have the honour to inclose a copy of the Ordinance No. 5 of 1844*, enacted by Sir Henry Pottinger, which I conceive fully empowers me to levy such a fine (or even double the amount), and which at the same time precludes the prospect of any action against the Consul, who has merely to plead my order or sanction. I have desmed it necessary to furnish Mr. Hulme (the Chief Justice) with a copy of the inclosed despatch from myself to Consul Macgregor, in which my reasons and motives for insisting on Mr. Compton's fine are fully stated. With this in his possession, Mr. Hvdme, I trust will see the advisability of supporting my authority over the Queen's subjects within the Chinese territory, where the Government of the country has so far conceded to us its inherent rights of sovereignty. Mr. Compton seems to found some hopes of impunity on the circum- stance of the Consul, in announcing to him his penalty, having misquoted the number and clause of the Ordinance under Avhich I authorized it to be levied. After having communicated Mr. Compton's very just and neces- sary punishment to the Chinese Minister, it would be absolutely impos- sible to satisfy his Government as to the remission of the fine on any such * Presented to Parliament June 17, 1845. 57 ground as this, and I need hardly add that the consequences would be excessively mischievous, and 1 therelbre hope your Lordship will approve of my precaution in officially supplying- the Chief Justice, witii all the circumstances under which I deemed it necessary to authorize the line. 1 have, cS:e. (Sig-netl) .1. \'\ DAVIS. Inclosure 1 in No. 17. Charges made by the Chinese Minister against Mr. Conipton. A Declaration. (Translation.) KE, Imperial Commissioner, Govcrnoi'-General of the Two Ksvang, &c., and Hwang, Governor of Kwangtung-, &c., hereby give a declaration in reply. Some time ago w^c received yonr statement stating [here follows a condensed abstract of Her Majesty's Consul's letter to the Imperial Com- missioner, dated 8th August, 1846.] When this reached us we gave orders that an examination should be instituted into the matter, and we have now received the rc[)ly of the Dis- trict Magistrate of Nanhae, stating : " In obedience to your instructions I immediately dispatciied runners to summon before me the witnesses, for the purpose of interrogating them. Afterwards I received a report from the runners in question stating that the person who was selling plums at the entrance of Old China-street on the 8th of July was an itinerant dealer, whose name and dwelling- place were unknown, and that the person who had been laid liold of, taken away, tied and beaten by Compton, was a man from a Sha-wei boat, whose name was also unknown ; that they had therefore no data by which to search out and summon these people, but that they had brought all the othei's. I thereupon examined them, and the fruiterer Lin-a-lie deposed as follows — " 'On the 4th July current, at about 2 o'clock (wei pae she how), I was carrying lychees about for sale, and had arrived at the doorway of the guard-house at the back of the thirteen factories, when an Englishman came and kicked over on to the ground the basket containing the lychees. I was expressing to him my disinclination to submit to this proceeding, when the officer and soldiers in the guard-house came out to explain the affair away, and admonish us; and I, yielding to their admonitions, imme- diately gathered together the lychees again and put them into tlie basket and carried them away. This is the truth.' " The military officer, Le-fung-tseang, deposed as follows : — " ' On the 4th July Compton having kicked over the fruit-basket of Lin-a-he before the guard-house, and Lin-a-he being disinclined to submit to this proceeding, I went out with the soldiers and exhorted the |)arties to disperse. There was no throwing of stones by the bystanders. Compton followed into the guard-house, said something we know not what to mvsclf and the others, and then beat me and the soldiers with his cane; which the crowd in the street perceiving, were thrown into a state of excitement. Compton carried no stone in his hand at the time. On the 8th of the month an Englishman, whose name is unknown to me, on issu ingyro/H the hong, ran against a vendor of plums, whom he thereon beat with his cane. The vendor of plums and the crowd in the street all showing their disin- clination to submit to this, a mutual clamouring ensued ; which Compton perceiving from an upper story, immediately descended, carrying a cane, and issuing from the hong, assisted the other in beating. He also laid hold of a man, and took him into the Chungho shop, where he tied and beat him, thereby causing the crowd to make a riot. This is tlie truth.' " The soldiers Le-tih-shing and Pei-tsung-taow on being examined, made depositions agreeing with this. 59 '"Tlu- piDprietor of the C'himglu) hong, the nominal ofhcei-, Pwan-she- yung, deposed as follows. " ' On the 8th July, at about 4 o'clock (shin pae she how), the coolies and work people made a report to me to the effect that the Knglishman C\)in|)ton had, for what reason tliey did not know, run down from a back upstair room, and with Ciihnau ami some other individuals laid hold of one of the people and brought him into the hong ; and that they had tied him with the cords of a lire-engine, and had beaten him. Just then the te-paow (overseer of the (piarter) I.eang Kwan arrived running, upon wiiicli we together immediately addressed our admonitions to the English- men, enjoining them to deliver the jierson who was bound to the people at the guard-house, or to the te-paow, to be handed over to the mandarins. This Compton refused to do and enjoining two Englishmen to keep guard, went himself into Pihchin's (Buxton's?) house. 1 immediately set the man who was bound at liberty, and he ran off; but this being observed by the Englisiimen who were holding guard over him, they made pursuit, and again laid hold of and detainedhim. The struggling and wrangling of the parties being heard by the crowd in the streets, the public indigna- tion was suddenly aroused, which led to the riot. This is the truth.' '' The te-paow Leang Kwan, the shopmaster Chin-a-tsae, of Hog-lane, and the shopmaster Le-a-kwang, of the Leenhing-strect, on being exa- mined, made depositions to the same effect. " As in duty bound I now make this report in reply, based on the facts, &,c." On examination we find, with reference to the said English merchant Compton having disgraced the military officer by beating him, that on referring to the archives of the District Magistrate of Nanhae, the circum- stance was found to have been put on record according to a report made on the 4th of the month, when it was quite impossible that the said military officer, kc, could foresee the occurrences of the 8th of the month, and falsify and gloss over the facts beforehand. Further, the statements in the depositions of the soldiers made on being interrogated are as if they had been made by one and the same person, and hence of course strictl}" true. No matter v,'hether the person who was tied had or had not a quarrel with Compton, the latter in every case ought not to have laid hold of him, taken him away, and tied and beaten him. If it be said that the desire was to hand him over to the authorities, then why did the said merchant not listen to Pwan-she-yung and the te-paow when they exhorted and enjoined him to deliver the man to the people of the guard-house ? As to Compton's having descended from an upper story with a cane and assisted in beating, when he perceived a foreigner quarrelling with a vendor of plums — as to this circumstance the statements in the deposition of Pwan-she-yung, &c., made on being interrogated, are in perfect unison with those made at first by the neighbours, &.c. ; and it appears therefore needless to take any further measures with reference to them. Every- thing else has been detailed in our former declaration. We have now to give you a declaration in reply, in order to com- municate to you the i-eport received that there was no data by which to search out and summon the vendor of plums and the person who had been tied ; and also the depositions made at the present examination ; that j^ou may examine into the affair and take such steps as may be necessary. A necessary Declaration. A Declaration for the British Consul, Macgregor. 23rd August, 1846. Tnclosure 2 in No. 17. Sir John Davis to Covsul Macgregor. )ir, Victoria, Hong Kong, October 22, 1846. IN reply to a letter forwarded by you from Mr. C. S. Compton, you will have the goodness to inform that gentleman (as you have been already directed) that the ordinance under which I authorized you to fine him is 59 not Ordinance No. 2 but Ordinance* No. 5 of 1844, to carry into edccl upon Chinese territory the Treaties between (Jreat liritain and China, and for the preservation of [)cace and amity bi'tween llie two nations. By Article XIII in the Schcdnk' annexed to that orcUnance, iSlr. Coinpton was boun.l to proceed to the Consulate and state any cause of complaint against a Chinese. Instead of doing- this, liis violence excited the I'rif^htfni tumult and bloodshed in which three Chinese were killed, and l)y which the peaceful relations between the two countries are still endan£;ere(l. Under these extraordinary circumstances I have consideivd myself bound to exert those high powers with which it has been deemed neces- sary to invest mc for the government of Her Majesty's subjects within the Chinese dominions, with a view to the most important object of securing international tranquillity ; and the British Government and Legislature will be prepared to support me on an occasion of such a peculiar kind. As before directed, you will plead my order as your sufficient warrant for the fine of 200 dollars, under Ordinance No. oof 1814, " for British subjects within the dominions of the Emperor of China," as passed by my prede- cessor, Sir H. Pottinger. While the safety of not only the British but the whole foreign com- munity is still endangered as the consequence of his conduct, Mr. Compton cannot reasonably expect that a fine, deliberately levied after the fullest inquiry, on a complaint repeatedly urged against him by the Chinese Government for a violation of Treaties on their own territory, should be remitted. This would be only to aggravate the serious evils for which Mr. Compton must be considered as deeply responsible, and it would at the same time prove me utterly unfit for the discharge of those international functions with which it has pleased Her Majesty to honour me, in the very unusual circumstances under which we exercise a foreign jurisdiction within an independent sovereignty. You will observe in my circularf to Her Majesty's Consuls of November 2?, 1844 (since approved by Her Majesty's Government,) that the " Emperor of China having, like the Sul- tans of Turkey, waved in favour of Christian Powers rights inherent in territorial soverignty, such Christian Powers, in taking advantage of this concession, are bound to provide, as far as possible, against any injurious effects resulting from it to the territorial Sovereign." If the i-ecovery of 46,000 dollars private compensation from the Chinese Government at another port proves that I have protected the rights of British subjects, it is only just that 1 should be equally firm in enforcing their obligations. On no other terms can we maintain a bene- ficial intercourse with China, and on no other terms can I undertake to administer my trust. I have, c*tc. (Signed) J. V. DAVIS. No. 18. Sir John Davis to Viscount Palmerston. — {Received December 29.) My Lord, Victoria, Hong Kong, October 28, 1846. 1 RECEIVED from Keying on the 17th instant the inclosed reply to my announcement that Mr. Compton had been fined as the originator of the fatal riot of the 8th July. Your Lordship will observe that he still persists in confining the charge of firing to the English ; but as he suggests at the same that I should ascertain by a formal inquiry who those really were that lircd,and to what nation they belonged, I took advantage of Mr. Johnston going up to Canton to authorize him, conjointly with Mr. Consul Macgregor, formally to investigate the circumstances already publicly and universally known, in order that I might transmit the report to the Chinese Minister. ]\Iy note to Keying on the subject is annexed. * Presented to House of Commons June 17, 1845. t Presented to House of Commons January 26, 1847. I 2 GO Mr. Johnston returned last night with the inclosed report. From this your Lordship will perceive that a number of Americans, Germans, and otlier foreigners were quite as actively engaged against the Chinese assailants as the English, and that the late American Charge d'Affaires, Mr. Parker (now relieved by the arrival of Mr. Everett) led one of the parties, tliough w ilhout himself being armed. Wiien the departure of the mail has left me time, I intend to forward to Keying a translation of this report for his satisfaction. With reference to a despatch from myself to the Consul, conveying warnings as to tiic use of fire-arms (already transmitted to your Lordship on the 12th of October), I beg to inclose the correspondence of the Com- mittee witli Mr. Macgregor, as printed in the "China Mail.-' It has given me much satisfaction to learn from the Consul, in a letter dated the 25th instant (as herewith transmitted), that ))reparations are making by Keying for converting the late Consoo House into barracks for a strong force of Chinese police or military ; and the Consul adds in a private letter that an officer of respectable rank will be stationed with the men. When efficient means of coercing the populace have been really established, I shall consider it my duty by every means to check armed associations of British subjects. I have, &c. (Signed) J. F. DAVIS. Inclosure 1 in No. 18. Comviissioner Keying to Sir John Davis. (Translation.) KEYING, High Imperial Commissioner, &c., sends a reply to a des- patch received from the honourable Envoy respecting the Canton troubles, [here follow the contents of the despatch dated 9th October], which I fully perused. From this it would appear that Compton was punished by you the honourable Envoy for his extremely disorderly behaviour, which gave rise to the subsequent calamity ; and hence you adopted this course. It was therefore not without a cause that a noisy crowd [of Chinese] repaired to the factories, as there was somebody w ho originated this affray; and it cannot be said that the foreigners who immediately fired and caused loss of life were innocent, and the death of three persons cannot be looked upon as not requiring a judicial prosecution. Now as an Englishman was the author of this case, it can only be brought home to Englishmen. It will moreover not be difficult to you the honourable Envoy to ascertain what countrymen those were who fired, and to establish the truth, for you are invested with plenipotentiary power, and have always been held in respect by all the other nations. After having clearly examined into the facts, you will justly manage the whole. At present the relations of the deceased make continual application respecting this business. So long however as this affair is not settled the people will not remain quiet, and though we might endeavour to restrain them, we shall not be able to do so, another outbreak will take place, and it will be still more difficult to arrange and manage that. As you the honourable Envoy possess knowledge and the clearest perception, you will endeavour, as I hope, very soon to settle this matter in an impartial manner, for it is of the utmost importance that the foreign and native merchants and people shall always live peaceably together. Whilst forwarding this reply, I wish you every happiness, addressing the same To his Excellency Her Britannic Majesty's Plenipotentiary, Sir John Francis Davis, Bart, &c. Taoukwang, 25th year, 8th month, 25th day. (14th October, 1846.) Received 17th instant. 61 Inclosurc 2 in No. 18. Sir John Davis to Commissioner Kei/ing. Victor ia, Hong Kong, October 19, 184G. I HAVE to acknowledge the receipt of your Excellency's note of the lith instant relating to the late riots. The j)unishment of Compton for his disorderly conduct has evinced my sincere desire to preserve peace and friendship between the English and Chinese. With regard to tlie subsequent attack on the foreign factories, in the defence of wliich all tiie foreigners were engaged, it becomes difficult (in a case where so many were concerned) to particu- larize individuals. As your Excellency however suggests that I should endeavour to ascertain to what nation those belonged who fired upon the assailants, I have directed an investigation to be made by officers de|nited for the purpose to Canton, and will inform your Excellency of the result. I have, &.C. (Signed) J. F. DAVIS. Inclosure 3 in No. 18. Report of Investigation as to firing on Chinese at Canton. Canton, October 23, 1846. THE Honourable Mr. Johnson having been instructed to proceed to Canton and to co-operate with Francis C. Macgregor, Esquire, Her Majesty's Consul at that port, in an investigation into the principal circumstances of the attack on the foreign factories, in which several Chinese were killed on the 8th July last, accordingly proceeded thither; and a consultation having been held on the 23rd October at Her Majesty's Consulate as to the best way of conducting the investigation came to the decision, as no Chinese evidence appeared against foreigners, to commence the investigation by examining such of the Consular Officers as were present at the disturbances alluded to, and then to proceed further to examine those of Her Majesty's subjects (and others if possible) who may appear to have been present on the occasion in question, as well as to ascertain those who most prominently bore fire-arms on that occasion, and the nations to which they belonged, in accordance with the instruc- tions of his Excellency Her Majesty's Plenipotentiary, under date 20th October, 1846. Her Majesty's Consul himself having been witness to part of the disturbances thought that the evidence of Mr. Harry Hammond Smith would throw much light on the subject, and it was consequently decided that his evidence should likewise be taken and recorded. In furtherance of these decisions. Her Majesty's Officiating Vicc- Consul, John Backhouse, Esquire, was called in and examined. John Backhouse, Esquire, Her Majesty's Officiating Vice-Consul, was examined, and declared — " Hearing that there was a disturbance at the foreign factories on the evening of the 8th July, I went to the bottom of Old China-street, near the foreign factories, "and saw there Messrs. Birley, Cuvillier, Bull (American), and Bourne, and several other foreigners whose names I do not know, with fire-arms in their; hands. At the time alluded to the Chinese mob had left that spot, and the Chinese soldiers shortly after- wards made their appearance. I saw the place where the Chinese mob had broken into Minqua's hong. On passing through the factories I saw Mr. Compton standing before the door of the hong in which he lives. I heard shots fired in the direction of New China-street, but did not sec any one fire." 62 This declaration being- read over to John Backhouse, Esquire, and he being- asked if he had anything- more to declare on the subject, answered that he had not. Edward Fry Giles, Esq., Acting Senior Assistant to the Consulate, being interrogated, declared — I was at the front of ^linqua's hong on the evening of the 8th instant, and saw a number of foreigners assembled with fire-arms in their hands. Among them was Mr. A. Johnston, of the firm of Oilman and Co., Mr. Watson, Mr. liirley, INIr. Bourne, and an American, I ))elieve of the name of Vinton. After arriving at the spot I mentioned, I w^ent on towards the Danish hong, and saw an ap])arently-cnraged mob of Chinese throwing- large brickbats and stones at some foreigners, who were retaliating by firing on them. I was warned by the foreigners to go away, as I was unarmed, and would probably be hurt. A shower of stones I'ell close to me while at the end of New China-street. I saw one foreigner struck on the ankle, but do not know who he was. One of the persons who warned me away from the end of New^ China-street was, I am sure fi-om his dress and voice, an American. As the showers of stones were falling- faster and faster, and a violent yelling was kept up, 1 left this place and returned to the front of Minqua's hong, from whence, in common with others who were there, I went into the American garden, the Chinese soldiers having arrived in front of jNIinqua's hong." This declaration having been read over to Edward F. Giles, Esq., and he being asked if he had anything more to declare on the subject, answered that he had not. Thomas Taylor Meadow^s, Esq., Chinese Interpreter to Her Majesty's Consulate, Canton, being examined, declared — " Some time after having written Chinese letters to the Canton autho- rities for Her IMajesty's Consul on the 8th July, I went to the end of Old China-street, where the disturbance commenced. I saw several foreigners there with fire-arms, swords, &c. in their hands, but do not know the names of any of them except Mr. Marjoribanks, who had neither gun nor sword. I remained there and in the vicinity for about two hours. I went in the course of the evening to the end of New China-street and the Danish hong. On two or three occasions while there, stones or bricks fell about me frequently, thrown both from New China-street and the south side of Danish-street ; other foreigners were at those places, and most had arms. I saw a shot fired at the end of New China-street, but the gate (closing the street) was shut ; and the Chinese who were throwing stones were on the other side of it, and threw them over the gate. At this time it was quite dark." This declaration being read over to Thomas Taylor Meadows, Esq., and he being asked if he had anything more to declare on the subject, answered that he had not. Francis B. Birley, Esq. was examined, and declared — " I was informed by Mr. M. Smith, when at dinner with Mr. Dudgeon on the 8th July, about 7 o'clock, that a disturbance had occurred ; that Mr. Church's house was attacked ; that a party of gentlemen had gone to his assistance, had fired on the mob, and that we must all turn out. I with others armed ourselves in the best manner we could, and jjrocceded to the front of the factories, where we found the foreign community, English and Americans likewise, armed, to the best of my recollection. I then went to Mr.Church's house, saw the place where the mob had attacked it, and torn down a great portion of the wall. Proceeding further to the top of New China-street, 1 saw a party of the foreign community ; the Chinese mob wei-e throwing stones at them. I thci-e heard that "a lady was in a house furtlier on which was in danger of being attacked ; it was now proposed that wc should rescue her, one of the gentlemen undertaking to lead. (Mr. Birley being asked to mention the person guiding them, answered he was an American.) We then proceeded to the corner of Danish-street south to the rescue ; he mob threw stones at us, and being G3 at the time under protection of the corner house, we stopped there. Our leader proposed, as the mob was great, tiiat we shouhl send round a coolie with a note to inquire if the lady was safe and wished to be rescued. The answer arrived shortly, to the effect that she was tlien safe, and desired to remain, unless something occurred near her house, either the disturbance increasing, or in the event of fire. We remained here for a long time, the mob occasionally throwing stones and endeavouring to close upon us, when we raised our muskets, and they retired a few yards. This occurred repeatedly, and lasted till 11 o'clock, when 1 received a message from INI r. Dudgeon recpicsting me to return, as they were organiz- ing a guard to protect their houses in the new factories." Mr. Birley has to add that whilst on the spot, Mr. Jackson came there, whose opinion was asked as to our position, and whether it could be improved or any alteration made in the arrangements ; he gave his opinion that it could not be improved. All tliis time it was so dark that jMr. Birley does not positively know who were of the party. At about 11 o'clock Mr. Birley returned to his own factory. This evidence being read over to Mr. Birley, and lie being asked if he had anything more to declare on the subject, answered that he had not. Mr. Alexander Johnston*, book-keeper to George Lyall, merchant — " Finding the community were arming themselves in consequence of a disturbance at ^Ir. Church's house, 1 likewise armed myself, and joined tiiem within the gates of the factories. A short time after [ came there it was decided the factory gates should be opened ; as soon as this was done we all went out; the Chinese mob were so violent and threw so many stones that several foreigners fired upon them. 1 did not fire, l)ut should have felt myself perfectly justified under the circumstances. I was armed with a blunderbuss, and was afraid as it would scatter the shot that it might injure some of the foreign community, as well as the Chinese, or else I should have fired. I am quite sure that there were several Ameri- cans and some Germans mixed up with those who were present on this occasion, as well firing as not. I was in common with the rest of the com- munity on guard until about two o'clock in the morning. During that night I was at the end of New China-street, where there was some firing, and I heard repeated warnings given to the mob to keep off, which occasionally they did, but resumed the attack. I was relieved at two by other guards, who remained I believe until 5. No firing, I believe, took place after 10 o'clock when the Chinese soldiers first made their appearance." This evidence having been read to Mr. Johnston, and he being asked if he had anything more to declare on the subject, answered that he had not. Mr. Herbert Fowler Bourne was examined and declared — " 1 was i)resent at a part of thedisturbance on the night of the 8th July immediately outside the factory gates at the end of Old China-street. I was present when the factory gates were opened ; the mob threw stones on those who went through. Some of the persons went to the entrance of Old China-street and others to the corner of Mingqua's hong. 1 followed the former party, which consisted I believe totally of Americans. The party several times warned the Chinese to make way for them but were only answered by shouts and stones, the party frequently raising their muskets, at which the Chinese for the moment retired a little, but resumed the attack with stones and shouts. I saw the |)arty fire one volley. Dr. Parker was there but unarmed. This is the only part of the disturbance I saw during the evening." This evidence being read over to Mr. Bourne, and he being asked if he had anything more to declare on the subject, answered that he had not. Samuel Marjoribanks, Esq., was examined and tleclarod — "When walking in the front of the new factories about G or 7 o'clock on * Rccentiv in the liousc of Oilman & Co 64 the evening ofthc 8th July, and wishing to go into tlie public garden, found the gate at Hog-lane closed. On obtaining admission I went across the factories to the end of Old China-street, where 1 saw the mob throwing stones at Mr. Church's windows. A number of foreigners were collected here, and it was decided they should arm themselves and be ready to act in case of necessity. Mr. Church up to this time was in company with me. I then went home and did not return until 8 o'clock ; at that time a large number of foreigners were collected inside the factory gates ; whilst here I looked througlj a wicket, and observed a Chinese wrenching out the iron bars from the lower window of Mr. Church's house. It was decided by thecommunitv that it was necessary to open the gates and attempt to dis- perse the mob. On the gates being opened the Chinese mob separated, some towards Old China-street, some towards the river, and others past Minquas hong. Part of the foreigners halted outside the gates; the majority to the best of my belief being Americans. That portion of the mob which had turned towards Old China-street made a stand at the gateway at the end of the street and began pelting the foreigners with stones. They were repeatedly warned to go away, and not attending to the warning, but continuing to pelt, they were fired upon. Shortly after on going to the gate at the end of Old China-street to see if the mob had dispersed, I found the street was clear, and observed two Chinese lying on the ground wounded ; they were brought to the side on which we were. The gates of Old China-street were closed, and no further attack was made. I was afterwards for some time engaged professionally in attend- ing a Parsee whose leg had been fractured during the disturbance. I was armed with a brace of pistols but did not fire." This evidence having been read to Dr. Marjoribanks, and he being asked if he had anything more to declare on the subject, answered that he had not. Harry Hammond Smith, Esq., was examined and declared — "On the evening of the 8th July I was returning across the gardens from the river ; being told there was a disturbance outside I went to Minqua's hong; was pelted and struck on the body several times. I remained in Minqua's hong for some time ; heard the mob pelting Mr. Church's windows, and returned home by the back streets. On my way saw several persons getting their arms ready, and a large number of foreigners already collected in front of the factories. I armed myself and joined them, who seemed to be under the impression that the block of factories were endangered by the mob who had already made an attack upon Mr. Church's house, and it was also considered that the mob when opportunity offered would fire the buildings ; it was therefore decided to be expedient to go out for the purpose of dispersing the mob. I accom- panied Mr. Macgregor under a shower of brick-bats as far as Minqua's hong where Mr. Macgregor stopped, and I proceeded on to New China- street where I was joined by several others. The mob were warned by us to disperse, they partly did so ; others continued to make sallies and pelt. I saw a Parsee limping away as if he had been struck on the leg. 1 also saw a German fall — picked him up, remarked that he was bleeding pro- fusely from a wound in the head, and asked some person near me to take him to a Doctor. This party consisted of English, Americans, several Parsees, and the German above mentioned. I heard several shots fired. I saw several Chinese soldiers go down one of the cross streets near the river to repel the mob. They shortly after retreated, and passed me again followed by the mob : and then one of them said to me " tae pan, tae pan cumshaw," pointing to a wound he had received. I was continually struck by stones and brick-bats during the time I was on the spot. Some time elapsed before the place was cleared, which was done about 10 o'clock, and during that time shots were fired at intervals. I believe the worst part of the disturbance was at this place, the mob continually making sallies on the foreigners down New China-street and from the river. I was constantly patrolling with several others in the vicinity of New China-street and the factories until 5 o'clock in the morning, during which time nothing particular occurred." f>5 This evidence having been read to INIr. Smitli, and lie l)eing asked if he had anything more to declare, answered that he had not. J. T. Cuvillier examined, appeared to throw no furtlicr lii;ht on tlic subject, not having seen any firing or any part of tlie tonllict that evening. (Signed) A. R. JOHNSTON. FRANCIS C. MACCJRKOOR, Iler Majesty's Consul. [nclosure 4 in No. 18. Consul Macgregor to the British Merchants and other British Residents at Canton. Gentlemen, Canton, October 13, 1846 IT having come to the knowledge of his Excellency Her INIajesty's Plenipotentiary in China, that certain Britisii subjects in common with other foreign residents at Canton, have organized themselves in a species of armed body, on the ground of necessary self-defence against possible popular outbreaks ; and it being obvious that any superfluous displays of this kind must be calculated to produce irritation and to originate those evils they profess to avert, 1 have been instructed to warn the most forward of any of Her Majesty's subjects so engaged, that in case of unfor- tunate events occurring, an act of homicide by fire-arms will always be liable to trial before the Supreme Court of Hong Kong, and that it will require every proof of strong justifying necessity to save the accused from the penalties of manslaughter or even murder. 1 have, &c. (Signed) FRANCIS C. MACGREGOR. Inclosure 5 in No. 18. Mr. Campbell to Consul Macgregor. Sir, Canton, October 13, 1846. I Have the honour of informing you that a meeting of the British community was held this morning, to take into consideration the steps proper to be pursued in consequence of the issue of your circular of the 13th instant, and as chairman of the meeting I am directed to address you on its grave contents. The community have as j'ou are aware, been organized for more than three months for mutual defence, for the protection and removal of their property in case of fire or riot, and for the purpose of communicating with you on any subject of general interest or utility. The scheme of the organization was communicated to you, and you authorized me to state that it had your approbation, though you could not give it your official sanction ; and you further said that you had yovir- self contemplated proposing some such arrangement to us when you should move into your new factory. In no respect have we departed from the scheme as originally explained to you. A handful of men among hostile thousands, hopeless of aid from the Chinese autlioritics, and with only a very small British force at hand, valuable indeed by its presence to prevent attacks, but which we are informed has orders not to act unless expressly called upon by the Chinese authorities ; believing, too, that this protection would at any moment be withdrawn at the slightest hint from the Chinese author- ities, since, for fear of their misgivings it was long denied to our urgent representations ; in such a situation. Sir, to what have we to trust for life and safety? Surely to our own resources— to union, order, and to firmness. K 66 We cannot view a popular outbreak as merely a possible event — within these few days one was threatened; and violent placards against us very lately disgraced the walls ; and we see nothing in the present aspect "of affairs to encourage the hope that disturbances which have hapjicned so often will not happen again. In these ajiprehensions we must conclude that you participate, since you thought it expedient to order the '• Nemesis" to resume her station opposite the factories. Deeply interested as we all are in the preservation of tranquillity, it wonid be strange indeed if, as a body, the community acted so as to endan- ger it, and we wonder therefore that it should be necessary for us to inform' you. and through you his Kxcellency, that we have studiously avoidcd"all su|)crnuous display, and as far as possible any display what- ever. Feeling, however, it to be needful for the preservation of our lives that we shouhl be armed, we have sought to learn the use of arms ; and surely such knowledge cannot be considered unnecessary when in Hong Kong itself, under British authority and strengthened by a powerful garrfson, it has been officially declared unsafe to walk about without weapons. We conceive that we have a perfect right to assemble for drill or any other exercise ; but we have only met on private ground within the walls of our own factories, where none but our own domestics have any business, and perhaps the workmen engaged in the few unfinished houses some distance from our place of meeting. In going to and from the place of meeting we have made no display by marching in a body, but have assembled and dispersed individually and as quietly as possible. We cannot see that such proceedings are at all calculated to endanger the public tranquillity, but we firmly believe that they tend very greatly to ensure our own safety. It may be that the rabble will hear with wholesome dread of the measures we have taken, but we doubt not that most of the well-disposed Chinese in our neighbourhood rejoice at them as conducing as much to their safety as to our own : and surely the organi- zation and controul under which we act greatly lessen the chances of evil arising from the precipitation of individuals among our number. In reference to the concluding paragraph of your letter, and having now fully explained the motives lor and manner of our proceeding, I am directed "to observe that every member of the community is perfectly aw^are that he is liable to the law when he shall be proved to have offended it; and in conclusion to request that you will distinctly inform me on behalf of the community, whether it is intended to forbid, and whether j^ou do forbid, declaring illegal the organization of the community for the purposes and under the circumstances ali-eady explained, 1 have, &.e. (Signed) A. CAMPBELL. Present at the Meeting. Assenting to the above letter . . . .44 Dissenting . . . . . . .2 46 Committee's Report. THE committee appointed at the public meeting of the 11th instant, and directed to devise a plan for the better protection of life and property in periods of tumult and confusion, beg to make their report to you. Your committee have endeavoured to frame a scheme by means of which, while our strength will be organized and rendered effective, it may also be controlled, and the danger which might possibly arise from the precipi- tation of individuals be obviated. Feeling ourselves strong we may dare to be forbearing, and in times of disorder or disaster the display of our means of defence will it may Lc hoped render unnecessary a direct appeal to them. 67 The danger which most frequently and f<)rmidal)ly threatens us is that of Ore, whether aecidental or incencliary, often resulting from popular tumult, almost always accompanied by it. It is understood that the insurance offices, which have now a heavy interest in Canton, will shortly send out fire-engines of a larger and more edicieiit kind than have been hitherto available here, but your committee recommend that they be empowered to order at once from l^^nglantl one of the newest and best construction. Your committee undertake that this shall be exercised weekly, and kept in elTective condition. Your committee recommend that arrangements be made with Chinese merchants, who shall pledge themselves to have available and place at (he disposal of the committee, a suHicient number of Coolies to work the engines and remove our property, and of chop-boats to receive it. That three large alarm bells be suspended in convenient situations, the keys of them to be deposited with appointed persons, who shall give orders for them to be rung when necessary, and at the same time commu- nicate to Her Majesty's Consul the circumstances under which the com- munity is then called together. Q'hcy recommend that a passage in the river be kept clear for the approach of ships' boats and the landing of their crews, and for the stationing of chop-boats in times of riot and confusion. They earnestly recommend that all British residents forthwith enrol their names with the committee, pledging themselves to assemble as hereinafter stated, to follow the orders of the chiefs appointed, and without their orders to take no offensive measures whatever. They recommend that the residents so associating themselves meet at least once a-month with their arms for inspection, that the members of the association at the sound of the alarm bells [)ledge themselves to rejiair as quickly as possible to the appointed places with arms and ammunition, but not with loaded fire-arms except in cases of urgent necessity, nor shall they load their fire-arms without the order of the chief appointed or acting. An escort will be sent for those gentlemen whose residences may be so situated as not to admit of their coming to the place of rendezvous in safety. Your committee recommend that the respective divisions when enrolled elect their chief. They recommend that these chief divisions be formed, which may be subdivided as may hereafter be found convenient. To consist of — The residents in the new factories who shall assemble at the south end of those factories. The residents in the Chow Chow, Old Company's, Swedish, Imperial, Powsluin, and American factories, who are to assemble in front of those factories. The residents in Minqua hong and the adjacent and outside factories, who are to assemble in front of Minqua's hong. The committee recommend that persons be appointed specially to superintend the removal of property in case of fire, the order of removal being regulated by the proximity of danger ; and tiiat such persons shall have" authority to call upon the "chief of thedivision for sufficient guard or escort to protect the removal. It is understood that this reg-ulation is not intended to interfere with such private arrangements as parties may think necessary. The committee recommend that until more uniform and efficient weapons can be procured, the members of the association make use of such as they now possess, but propose to order 100 light muskets or carbines with bayonets, cartridge-boxes, and belts, zinc magazines with cartridges, and to have manufactured here fifty pikes for the use of the Parsee gentlemen, who do not use fire-arms, these arms to be delivered to the members of the association on payment of cost. The committee recommend that a sufficient number of placards or large lanterns be made, to be suspended on suitable stands with short emphatic notices in Chinese, warning the pojndace not to approach the factories, and that these be suspended at the avenue leading thereto, when it is necessary to call out the members of the association. The committee propose to place themselves in communication with K2 C8 some of the leading;- shopkeepers in Old and New China-streets, with the hope ofinchicing thcni to close the gates at the extremity of those streets on the occurrence of any disturbance, themselves to ])lacc guards there and display the warning notices suggested, and this being done to keep themselves and household as much within doors as possible. The committee propose that the extraordinary expenses incurred for the removal of property shall be charged ratcably on such property, according to its value. As the arms proposed to be ordered will be paid for individually by the members of the association, the measure recom- mended will be very unexpensive, the cost of the fire-engine being the only item of importance. It is understood that all measures are intended to be taken in case of disturbance, inidcr the sanction of Her Majesty's Consul. Canton, July 13, ISIG. Inclosure 6 in No. 18. Consul Macgregor to Sir John Davis. Sir, Canton, October 25, 1846. I HAVE the honour of submitting to your Excellency inclosed copies of my correspondence with the British merchants on the subject of their having organized themselves into an armed body, for the purpose of sel- defence against possible riots. 1 have only time to add for your Excellency's information, that the person who has hitherto instructed foreigners in the management of fire- arms having departed, I do not entertain the least apprehension of any display being made likely to irritate the public mind. On the other hand alterations are making in the halls of the Consoo House (in the immediate vicinity of the factories), which I understand are to be converted into barracks for a strong military force to be permanently stationed there for the more effectual protection of the foreign residents, which seems to preclude the necessity on their part of resorting in future to any measures of self-defence in the event of popular disturbances. I have, &c. (Signed) FRANCIS C. MACGREGOR. No. 19. Sir John Davis to Viscount Palmerslon. — {Received December 29.) My Lord, Victoria, Hong Kong, October 29, 1846. WITH ref(n-ence to the subject of my despatch of the 28th instant, I have received the inclosed letter from Mr. Com})ton* to be forwarded to your Lordship. The fine which he says was levied by the Consul was in fact levied by myself, after a view of his own and others' depositions. It was by my order, under Ordinance No. 5, inclosed to your Lordship. It will be difficult for Mr. Compton to prove that he did not excite the tumult, as, except for his violent acts, the tumult would not have taken place. Keying has adopted effectual means of protection only since the fine was announced. I have, &ic. (Signed) J. F. DAVIS. See Correspondence with Mr. Compton. No. 20. Viscount Palmcrston to Sir John Davis. Sir, Foreign Ojjice, January 12, 1817. T HAVE received your despatches of the 12tli and 28th of October, and witli reference to those parts of them whicli relate to the measures which the British residents at Canton arc taking- for their defence aij^ainsi attacks by the Chinese mob, I have to state to you thai I do not tiiink it advisable to discourage the Britisli residents from forming themselves into an armed association for their common and mutual defence against such attacks. On the contrary it seems to me tliat such a measure is wise and expedient, as it appears certain that in the ])resent state of things at Canton, the only effectual restraint upon the violence of the mob must be found in their conviction that the foreigners are able and ])repared to make aggressors pay dearly in their persons for any attempted attack. I consider that Mr. Consul Maegregor proceeds on an entirely erroneous principle in thinking that organization for defence is dangerous by tending to irritate the mob. The foreigners should of course abstain from any act of aggression or provocation towards the Cliinese, but they are much more likely to be attacked IT they arc unable to defend them- selves, than if they are prepared to resist aggression. There is no greater incentive to outrage on the part of the turbulent and lawless, than a belief that the persons whom they would like to insult or to plunder, may be assailed with success, and plundered with impunitj". J am, &,c. (Signed) PALMERSTON. No. 21. Sir John Davis to Viscount Palmerston. — {Received January 23, 1847.) My Lord, Victoria, Hong Kong, November 12, 1S46. REFERRING your Lordship to my former despatch of 28th October, I have the honour to forward additional correspondence with tlie Chinese Government on the late disturbances. Inclosure 1 contains the substance of the report made by IMessrs. Maegregor and Johnston, after their investigation of the circumstances attending the d(!ath of the three Chinese. It especially points out the concurrence of all other foreigners with the English in opposing the attacks of the Chinese mob, and refutes the exceedingly unfair and improper attempt to confine the charge and the odium exclusively to (un- people. The reply to the foregoing and my rejoinder I have deemed it cxjjc- dient to publish for the information of British subjects in the Chinese dominions. The difficultios to which I am personally reduced by these occurrences are a small portion of the evil; but I feel that I cannot too strongly demonstrate to our merchants the necessity for abstaining from that contemptuous and aggressive conduct towards the natives of China which has already driven the trade from Eoo-chow-foo, and threatens to have the same effect at Canton. It is in this point of view that Mr. Compton's repeated acts of violence, in spite of formal warnings, assume their proper hue. I need onlv refer your Lordship to Mr. Consul Aleock's notice to British subjects at Foochow, herewith inclosed, to show the extreme importance of restraining tliat violent demeanour towards the natives so unfortunately characteristic of our countrymen. I have, iS.c. (Signed) J. F. DAVIS. 70 Inclosure 1 in No. 21. Sir John Davis to Commissioner Keying. Victoria, Hong Kong, October 31, 1846. I BEFORP] informed your Excellency that I would depute officers to Canton to make iiujuiiios respecting the persons who fired in defending the factories on the 8th July. These persons having finished the investigation have reported as follows. The principal attack was made by the Chinese mob upon the resi- dence of J\Ir. Church, a merchant. They broke the windows, and one man was seen endeavouring to i-cmove tlic iron bars from a lower window, in order that he might enter and pillage. Fire was also thrown in order to burn the building. All the foreigners seeing this armed themselves, and when the Cliinese pressed on in greater numbers, wounding several persons, both the English and Americans and the foreigners of other nations were obliged to fire. None of these foreigners deny or conceal their having done so, because they only defended their dsvellings from being pillaged and burned. In no country is it necessary to submit to this. The American narrative which I before sent to your Excellency agrees with the above. It appears that the Chinese soldiers arrived at 10 o'clock, after which no more firing took place. Had these soldiers been present immediately after the commencement no Chinese would have been killed, because it would not have been necessary for the foreigners to use fire-arms. The Consul informs me that the neighbourhood of the factories has now been cleared of stalls and hucksters, and it may therefore be hoped that no more disturbances will take place. If your Excellency restrains the Chinese, 1 shall be able to restrain the English; but if the populace are encouraged by the Treasurer and the Judge of Canton (as in the last year) to hate and oppose foreigners, then our people will constantly fight together, many persons will be killed, and your Excellency and I can only write notes to each other. It appears to me that officers like the Treasurer and the Judge should be reported to the Emperor, as the encouragers of bloody feuds and mutual troubles. I have hitherto abstained from moving many ships of war into the river; but if it should be very plain that the Chinese Government cannot restrain tlie people, then it will be necessary to protect the English, and f cannot be blamed if I am obliged to act in this manner against my incli- nation. I sincerely hope that mutual tranquillity will prevail for the future. I conclude, &c. (Signed] J. F. DAVIS. Inclosure 2 in No. 21. Commissioner Keying to Sir John Davis. (Translation.) KEYING, High Imperial Commissioner, &.C., and Hwang, Lieu- tenant-Governor of Kwangtung, &.C., send the following reply to the Honourable Envoy respecting a letter they received about an officer being deputed to Canton for investigating the circumstances of the outbreak on the 8th July. [Here follows a full extract of that paper.] We remembered, on perusing the above, that you the honourable Envoy in a previous despatch stated that you were sending an officer to the Provincial City to ascertain who were the persons that fired. It does not however appear in your present communication that the foreigners who fired so as to occasion loss of life were found out. 71 Every stranger as well as Tiativo is aware thai, this occnrrciicc look place because Compton gave rise to the (listurhaiico, and that ihrrolore the mob not without a cause, attempted to burn and pillage. The people fell, one at the entrance of Tik-hing-street, another at the bottom of Tung--\van-street, and a third at the bottom of Tsing-yuen-street, and not at Chung-wo hong, where the affray originated. It is thererorc clear that the foreigners committed homicide intentionally, and not in dcTendiiig the space in front [of the fLiclories]. Those killed were all of them projjlc that earned an honest livelihood, and by no means ruflians ; still you call them in your letters a vagabond mob, which is indeed doing them injus- tice. Had the Chinese military been previously informed that the people were on the eve of an outbreak and disturbance, they would have taken beforehand precautionary measures. But it was Compton that collared an ordinary man, bound and beat him, and thus rousing the indigtiation of the multitude, constituted himself alone by his rashness the author of this disturbance. Yet in your despatch you still blame also the tardiness of the soldiers in quelling- the uproar, and throw upon them too much responsibility.' Not only do you the honourable Envoy vigorously protect the British merchants in China, who are here for the sake of trade, but we the Great Minister and Lieutenant-Governor also exert ourselves to procure them quietness. This ought however to be done in a complete manner and justly, so as to render the Chinese submissive, and then both parties will live in peace and be kept from all harm. It is vain to attempt putting^ down the Canton jieople by main force without a show of reason, for their numbers are too great, and defy the application of physical force. To sum up the whole, we ought to act with equity, and maturely think about the steps to be taken. As the foreigners have destroyed the lives of several Chinese, and not behaved in conformity to the Treaty, the Chinese are fdled with hatred and deep ill-will. How have we to act if a foreigner should lose his life on a future occasion ? If you the honourable Envoy would decide this affair, and manage it speedily according to the Treaty, it would be very fortunate. It is however of the highest im|)ortance not to give heed to mere rumours. You the honourable Envoy will have heard that we the Great Minister and Lieutenant-Governor h.ave established near the foreign factories a perpetual military post for the protection [of the inmates]. But we must at the same time settle this case of loss of life with equity, and the hatred and ill-will of the Chinese will be allayed, and no unforeseen disturbances will ever take place. Whilst sending the above we wish you much happiness, and address the same To his Excellency Her Britannic IMajcsty's Plenipotentiarv, Sir John F. Davis, Bart., &.c. Taoukwang, 26th year, 9lh month, 19th day. (7th November, 1846.) Received 9th instant. Inclosurc 3 in No. 21. Sir John Davis to Cuinmissioner Keying. Victoria, Hong Kong, November 10, 181G. T HAVE to acknowledge the receipt of a note from your F>xcellency jointly with the Lieutenant-Governor, dated the 7th instant. However culpable the repeated acts of violence on the 4th nnd 8th of .July, it appears on record that Consul Macgrcgor at least did his dutv bv giving formal warning of the prof)able consequences of similar conduct on the very day preceding the 4th. I have reported to my Government the fine I ordered on the exciter of the riot, and it will be s'ufhciently clear that I did what the case required. I have often told your Excellency that the mixed company of the foreigners of all nations, who combine to defend their persons and pro- perty. were compelled to fire for the safety of their lives. But under any circumstances you must be aware that \ have no authority except over British subjects ; and I repeat my jjrevious declarations, that I cannot acquiesce in the continued attempts which have l^een made to charge tiie homicides exclusively on them. It would moreover be useless to distinguish any particular individuals among a crowd who, acting solely in defence of their lives, can scarcely be considered as culpable in any degree. It is notorious that the lamentable deaths of three subjects of China might have been prevented had the soldiers arrived immediately after the tumult began, instead of delaying for about three hours afterwards. If they were not answerable for the commencement of the disturbance, they certainly were greatly so for its continuance and consequences. It is satisfactory to learn from your Excellency and from Consul ]\Iacgregor, that a guard is being established in the neighbourhood of the foreign factories. I will take the most efficient measures in my power to restrain those under my authority, and I am resolved to afford no protec- tion to such as do not deserve it. This care however must be strictly mutual — Chinese must be restrained as well as English ; and I once more repeat my previous solemn warnings, that all damage from the populace, sustainedby inoffensive British subjects, must be made good at Canton, as it was at Foochow. I take occasion to renew to your Excellency the assurances of my highest consideration. (Signed) J. F. DAVIS. Tnclosure 4 in No. 21. Consul Alcock's Notification to the British Community at Foo-chow-foo. HER Britannic Majesty's Consul has received from his Excellency the Treasurer and Superintendent of Trade for the Ports of Foochow and Amoy, a communication complaining that on the 18th June, sailors belonging to the crew of the brig " William" got intoxicated, took fruit without paying for it, and finally pushed the stall into the river, and randomly beat whatever person they came in contact with, creating a serious disturbance, and calling for the interference of the Chinese author rities. It is further stated that another instance occurred on the 15th instant, when five sailors of the schooner " Wave'' proceeding from the hong rented by Mr. Hacket, got intoxicated, and with arms in their j)os- session quarrelled with and fought some Canton sailors, requiring the military force of the adjoining station to be called out. Other complaints are made which the Consul forbears to particularize, as to the firing of muskets in the suburbs, keeping sailors who belong to no ship in port at the hongs inhabited by British subjects, and other acts of imprudence, to say the least. Her Majesty's Consul notices these irregularities and acts of violence on the part of persons subject to the control of Englishmen with extreme regret. It might have been supposed that the destructive riots which lately ensued from apparently more trivial causes, would have served as a serious warning, and made any measures on tiie part of the authorities, English or Chinese, to prevent; such disgraceful outrages, quite unneces- sary. Late information, however, leads the Consul to believe it more than probable that similar unwarrantable conduct on the part of the Lascar crews of vessels lying beyond the limits of the port, may have been long in operation, and have mainly contributed to the sudden, violent and appa- rently inexplicable outbreak on the part of the whole population of a district, which not only put in jeopardy the persons and property of the British residents on the spot, but ruined the commercial prospects of the 73 only merchant established here, and retarded all development of legitimate trade for an indclinile [icriod. Such and so serious are the evils resulting from the disorderly, vio- lent, and in every way imprudent behaviour of the Lascar crews. When it is remembered that they do not belong to any vessel witiiin the limits of the port, or visiting it for anv ostensil)le or legitimate |)ur|)()ses of trade, it cannot be matter of surprise tiiat t!ic Chinese autliorities, imuiccUatelv after payment of 16,000 tloUars to some four British subjects — three (if whom belonged to these vessels — for losses occasioned by popular vio- lence, should make earnest and indignant remonstrance against those alike who commit outrages tending to similar outl)reaks, and their masters, whose business it is to control them, and who by treaty arc made responsible for the acts of those who serve under tliem. Still less is it matter of surprise that they should call upon Her Majesty's Consul to take energetic and efteetive steps to put a stop to such proceerlings ; and acknowledging the reasonable nature of the recjuest, he would ill discharge the duty he owes his Clovernment, if he hesitated for a moment to exercise Avhatever power has been confided to him for the pvirpose of maintaining a friendly understanding with the Chinese, and upholding the faith of treaties. With .this view, Her Majesty's Consid informs all British subjects at Foo-chovv or its vicinity, that the masters of vessels King jiermanently outside the limits of the port are prohibited from sending up their ships' boats or crews to Foo-chow, except in case of emergency, and for the purpose of communicating with the Consul. They are further enjoined to prevent their men landing within the limits of the port on any plea or pretence ; and if any of the crew should be discovered infringing this order, the master of the'vessel and the men will alike be proceeded against for a misdemeanour, and the highest penalties inflicted. Any British subject, whether permanently or temporarily resident at Foo-chow, will be held responsible that no individual takes up his resi- dence in the hong he himself inhabits, except those duly registered as forming part of his establishment and under his control. He will also give peremptory orders that none of his establishment go about the street with arms or offensive weapons about their persons and exposed to view. All firing of muskets and discharge of fire-arms, either from boats in the immediate vicinity of the hongs inhabited by British subjects, or from the windows of the hongs, is strictly prohibited, since it cannot fail to be attended with some risk in a crowded suburb, and is otherwise calculated to cause erroneous impressions or alarm to the inhabitants and neigh- bouring authorities, who have received strict injunctions to Match over the peace and quietness of that district. It having been asserted that the practice of assaulting and killing dogs in the streets has been resorted to either by British subjects or their dependents, the Consul, however unwilling to believe that such injuries have been inflicted except in self-defence, nevertheless deems it necessary to observe, that it is difficult to conceive any conduct better calculated to create a hostile feeling towards the Knglish on the part of the Chinese than that whicii had been attributed to them. It could not be pursued with impunity in Kngland or any other civilized country, and cannot therefore be justified here. On one other point a word of caution seems necessary. Some of the late mischievous feeling manifested towards a portion of the residents by the Chinese among whom they were living, tliere is much reason to believe may be traced to the overbearing and insolent tone of servants — and jiar- ticularly Canton men — who on their own account arc looked upon with no favour by the Foo-chow people, and are moreover charged with the management of their masters' affairs, with making bargains for chair-hire, boat-hire, &c., and subsequently paying according to their own arbitrary estimate of what may be reasonable, and if remonstrance is made immedi- ately rejilying by blows. Certainly if any such instance came before the Consul, the utmost sum agreed to should be exacted for the Chinese Coolie, and the breach of faith and violence be further dealt with. It is important 74 tlicrt'fore that all thoso slioiild distinctly understand that so far from being entitled to protection from the Hiitish Consul, if they arc guilty of any act of fraud or violence, he will be the first to hand them over for punishment to their own authorities. The IJritisli flag [)rotects them only during good behaviour. To the British residents themselves, Her Majesty's Consul conceives it unnecessary to enjoin a conciliatory spirit and bearing in all their inter- course witli tlic Chinese. A just sense of what is due to themselves and to the interest at stake will, he confidently relies, leave nothing further to be desired on tiiat head. He would only "remark, it is equally imperative on the few IJritish in this vast poj)ulation not wantonly to give offence, and not uniiccessarilv to take it. (Signed) RUTHERFORD ALCOCK. liritis/i ('(itisulafe. Foo-chow. June 24, 1846. No. 22. Sir John Davis to Viscount Palmerston. — {Received January 23, 1847.) My Lord, Victoria, Hong Kong, November 12, 1846. THE late ferment among the English merchants at Canton, in conse- quence of the fine I ordered on Mr. Compton, may perhaps not greatly surprise your Lordship, who were cognizant of the proceedings of Mr. Innes under Captain Elliot, and who perhaps heard the evidence of Mr. Inglis, another merchant, who declared, " We never paid any attention to any law in China that I am aware of*." The importance of possessing the means of a summary restraint on the conduct of our people, in that very peculiar position wherein we exercise a foreign jurisdiction in an independent territory, probably dic- tated that clause of 6 and 7 Victoria, cap. 80, by which an order of Her Majesty in Council has the force of law in China. I am not tiic first who has been compelled to remark that it is more difficult to deal with our own countrymen at Canton, than with the Chinese Government ; and 1 offer tiie best proof of this in the fact that it has cost me infinitely more trouble to make Mr. Compton pay a fine of 200 dollars, than to obtain a compensation to our merchants of 46,000 dollars for losses which accrued partly from their own misconduct. The inclosed copy of the deposition signed by Mr. Compton himself admits the whole of the repeated acts of violence for which I fined him. He even adds this confession, "That these circumstances led to the riot is very pro- bable." It appears to me that this deposition fully authorized my order- ing the fine on complaint of the Chinese Government. Consul Macgregor might have fined Mr. Compton, and ought to have done so, on the first commission of the offence, but he did nothing until my return from Chusan, nearly a month after the occurrences, when I was obliged to take the question up, on the requisition of Keying. What deprives Mr. Compton of all excuse for his repeated acts of violence, is the fact that the inclosed w^as expressly addressed to him, and others on the 3rd July, the very day before his first outrage on the Chinese. The next inclosure is a letter from Mr. Compton to myself, by way of protest against the fine, which the Consul declined to forward on account of its disrespectful tenor, but which on its being sent to myself I did not return. His endeavour to represent his proceedings as partaking of the character of mere common assaults can hardly be maintained. Repeated acts of violence, after previous warning, in a place like Canton, where the natives and foreigners arc in a state of hostility, and the Government can scarcely restrain its subjects, were naturally' followed by results very different from those of common assaults, and seem to me to render the exercise of my powers under the ConsularOrdinance No. 5, not only justi- fiable but necessary. The acts were committed on a foreign territory, and * Printed Evidence, 1840. 75 satisfaction was demanded by the Government which had yielded to us its inherent rights on its own soil. It was in my despatch of 26th September, that I reported to your Lordship the line of 200 dollars, which I had ordered on Mr. Compton. This order had been carried out two days before on the 21th by a letter from the Consul, in which he named the wrong Ordinance, a fact which I did not learn until the IGth October, lie has admitted this to have been " his own error," and I can hardly be responsible for the mistakes of the Consul. Should Mr. Compton obtain impunity on this groiuid, what will be the feeling of the Chinese Government, or the future demeanour of our own people towards the Chinese. Mr. Compton, it ap[)ears, applied for the judgment of the Court, and an application was made to my Secretary for the recorded evidence from Canton. I coulil perhaps have denied the jurisdiction of tiie Court under Ordinance No. 5, but this might have been construed into a desire to con- ceal the evidence, or it might have brought me into unseemly collision with the judge, a contingency much to be deprecated on every ground. I accordingly directed the inclosed reply to be returned, stating that the Consul had been authorized to supply the evidence, and drawing Mr. Hulme's attention to my letter* and inclosure of the 27th October, as noticed to your Lordship in my despatch of 26th October. The evidence was transmitted by Mr. Consul Macgregor, with a letter of which I beg to inclose the copy. This embodies at once the charges and complaints of the Chinese Government, and the results of the evidence in reply to them. By his own deposition, Mr. Compton kicked over the stall of the Chinese vendor, because it stood in his way, on the 4th July, an outrage which nearly produced a tumult the same day. By his own deposition he at least handled the person of the Chinese officer whom he brought to the spot. He commenced another dispute on the 8th July fol- lowing, by pushing a Chinese aside ; and when the Chinese resented this, he beat and dragged him into an adjoining building, where he tied him up. This he confesses " probably led" to the emeute of that day, in which three Chinese were shot. I have, &c. (Signed) J. F. DAVIS. Inclosure 1 in No. 22. Deposition of Charles Spencer Compton, taken before Her Majestifs Vice- Consul, relative to the riot on the 8th July, 1846. CHARLES SPENCER COMPTON, a native of London and a mer- chant residing at intervals in Canton for twenty-four years, having been cited to depose as to certain charges preferred against him by the Chinese authorities, handed in a written declaration addressed to Her Majesty's Consul of the circumstances as they occurred on the evening of the 4th and 8th instant of which the following is a transcript: "In reply to the charges preferred against me in your letter of the 25th instant I beg to say : — ''On or about the 4th instant, when passing through the street referred to it was as usual crowded with stalls and every nuisance which has been complained of officially and privately for so long a time by the foi-eign residents, being in direct infraction of the regulations made by the Chinese authorities for the prevention of disturbances, and |)ublishcd July 12, 1844. I desired one man to move out of the way, he did not do so, and I kicked his stall down, a piece of granite then struck me on the head, I picked it up and went to the guard-house where several of their people were sitting at the door observing what was going on but not stirring to interfere. I showed one (who was possibly the military * This letter lias not been sent homo, but it appears to have inclosed a copy of Sir J. Davis's letter to Consul Macgregor of October 22. L2 76 officer) the stone and by signs told liim to remove the stalls and people who were obstriieting the path ; he merely laughed. I took him by the arm and led him down amidst the crowtl again repeating my signs that they should be dispersed; he said something to them unintelligible to me; and I then went into the guard-house and desired the name of the olhcer whose duty it was, according to the regulations referred to above, to keep that thoroughfare clear, that 1 might make a complaint against him — at that moment you passed, Sir, and 1 related the circumstance to you. I deny having beaten tiie military oilicer, or that anyone came out to speak to liie until I went to the guard-house as above stated. " On the evening of the 8th instant, when passing through the same street which was more than usually obstructed, I did not observe any foreigners wrangling with a Chinese, nor did I strike any one until I was first struck by a man whom I had pushed aside that I might pass, he then picked up a large stone and threw it my head which I avoided; I seized him and took him into the Cluingho hong where 1 tied him up, and then immediately went into an oOice close by and addressed a letter to you stating the facts. On my return to the place where I iiad left him, he had escaped. I deny having struck him after he was in the hong. " That these circumstances led to the riot is very probable, but the consequences of it are chargeable to the apathy of the Chinese authorities who do not enforce their police regulations to prevent disturbances, and to their tardiness in not coming to the spot to suppress a tumult until foreigners are compelled to resort to extreme measures in defence of their lives and property." Being asked if he was aware of the crowd outside Minqua's hong having been cognizant of the escape of the man w^hom he had attempted to secure for the purpose of handing him pver to the authorities, he replied that they could not but have been perfectly cognizant of it, inasmuch as the man escaped by the same gate at which he was carried in, and was observed for some minutes after among the crovvd gesticulating to them. Deponent desires to state further, that Mr. Dudgeon who witnessed the whole affair from the windows of the billiard-room at which he was stand- ing, and who consequently could depose more fully respecting the origin of the affray than the witnesses who novv accompany him, being absent at Hong Kong, he wishes his declaration to be taken on his return. (Signed) CH. SP. COMPTON. Deposed before me, at the British Consulate, this 27th day of July, (Signed) R. B. JACKSON, Her Majesty's Vice-Consul. Inclosure 2 in No. 22. Consul Macgregor to Mr. Compton and others. (Extract.) Canton, July 3, 1846. TOUCHING the concluding paragraph of your letter it may be proper to remark that, besides the personal risk and inconvenience that would result from a collision with the natives, considerable loss of pro- perty might be involved, and then the Chinese Government could not be held accountable for the indemnification of losses occasioned by an out- break of a lawless and unmanageable rabble, if provoked to disorder by acts of violence originating among ourselves. I fully rely on \-our prudence and discretion to avert such a catastrophe. 77 Inclosure 3 in No. 22. Mr. Compton to Sir John Davis. Sir, Canton, November 5, 181G. I HAVE the honour to acknowledge receipt of a coninuinication made to me by Her Majesty's Consul, under your Kxcellency's instructions to him dated the 22nd idtimo, in reply to which i considered tiie ])r()per course was to address myself to that gentleman in a letter dated 2nd November, which he has returued to me, intimating that the ])ropcr mode of proceeding is to address your Excellency direct ; and I therefore now have the honour to do so. I find that your Excellency insists on directing Her Majesty's Consul to retain the fine levied on me confessedly in error, and not according to your Excellency's instructions. It is difficult for mc to surmise at what period your Excellency's instructions to fine me under Ordinance No. 5 for an infraction of the Treaty reached Her INlajesty's Consul, since his sentence under Ordinance No. 2 was passed on the 21th of Sejitember, and on the 6th October he informed me he had tiien received your Excel- lency's confirmation of that sentence, which however your Excellency states was not transmitted by him until the IGth of the same month. However, after the sentence had been executed it seems to have been discovered that the Ordinance No. 2 of 1841 did not justify it, certain important forms not having been complied with, and the forms enjoined by No. 7 also not having been observed, and it being necessary to vindi- cate the act by some ordinance, your Excellency instructed Her JNlajesty's Consul to declare the sentence to have been intended to be under Ordi- nance No. 5. To apply that ordinance to my case, your Excellency accuses me of having infringed Article XIII of the Schedule accompany- ing it; according to which you state it was my duty, having a cause of complaint, to represent the same to Her Majesty's Consul, and assume that I did not pursue that course; by which it appears you are very imper- fectly acquainted with the facts of the case communicated to I\lr. Mac- gregor in my letter of 27th July, which has been so improperly used against me as evidence, for to him, who passed by at the time of the occur- rence, I did complain of an annoyance which I and my brother merchants had frequently before brought to his notice. I maintain however that the clause of the regulations cited is inappli- cable to my case ; the words are, " Whenever a British subject has reason to complain of a Chinese, he must first proceed to the Consulate and state his grievance," — the meaning clearly being in commercial disputes or differences only. And that this is the correct interpretation of the words is established by the marginal abstract : " Disputes to be settled, if possible, amicably by arbitration." The Article goes on to point out the manner in which representations to the Chinese Government are to be made by merchants, and finally the distinction between commercial dis- putes and personal wrongs is clearly drawn in the concluding sentence, which declares, "Regarding the punishment of English criminals the English Government will enact the laws necessary to attain that end, and the Consul will be empowered to put them in force." Those laws have been enacted, and Ordinance No. 7 of 1844 is no doubt the law under which 1 ought to have been tried, and which repeals all former enactments inconsistent with it. Eurtlier, the power granted to your Excellency under the Ordinance of Sir Henry Pottinger, No. 5, empowers the Superintendent to punish only offences against the Treaty which are not punishable by the law of England. The offence charged against me cannot be so classed. I deny respectfully but strongly that there was a full ;iiul l.iir iiuiuiry into my case. It was cither decided without evidence, or u|)i)n evidence which Her Majesty's Consul gave me no opportunity of disi)r()\ ing, and of which he has declined to furnish me with a copy. From the manner in which the trifling oil'ence whicli alone can be 78 proved against me, has been dragged into connection witli the alarming riot of the yth July, it would be supjiosed by any one luuicquainted with the facts that these events immediately followed my act, and not that the riot did not take place until four days afterwards, during whicii time I had repeatedly passed the same j)lace unmolested ! Yet it is gravely stated that the upsetting of a fruit-stall on the 4th of July, was an infrac- tion of the Treaty between Great Britain and China, and in four days time brought forth riot and bloodshed ! I now, Sir, take leave of this discussion, solemnly protesting against the infringement of the liberty of the subject in my person. The law g'ave Her Majesty's Consul full power to treat my case, but left me an appeal against injustice, and the o]iportunity of clearing my character of the stigma cast upon it by the infliction of the highest pecuniary penalty the law would warrant. Your Excellency has set aside the law, and to justify the illegal sentence passed on me has aggravated my offence by imputing to me, without evidence and on a false assumption, charges of a nature repugnant to my feelings. In thus assailing my private character in a public despatch published on the day before the departure of the mail for England, I was precluded from publishing my defence by the same opportunity. Your Excellency has thus added injury to injustice, and the conventional forms of office for the regulation of correspondence with public officers alone prevent me from giving utterance to my outraged feelings on the subject. I have, &,c. (Signed) CHA. SP. COMPTON. After a careful perusal of the preceding letter, addressed to His Exeellenc\- Her Majesty's Plenipotentiary and Superintendent of Trade, &c., by Mr. Charles Spencer Compton, I find its tendency and language to be such as would not justify me in giving countenance to the same by becoming the medium of its transmission to his Excellency, without infringing- upon that respect which is due by every British subject to the highest functionary of Her Majesty in this country. On returning it, therefore, to Mr. Compton with an expression of my unqualified disap- proval of its contents, I leave it to him to pursue such course in the matter as he may judge proper on his own responsibility. Witness my hand and seal of office at Canton this 6th November, 1846. (L.S.) (Signed) FRANCIS C. MACGREGOR, Her Majesty's Consul. Inclosure 4 in No 22. Mr. Caine to the Registrar of the Supreme Court. Sir, Victoria, Hong Kong, November 3, 1846. IN reply to your letter of yesterday's date, which has been submitted to his Excellency Her Majesty's Plenipotentiary and Chief Superintendent of British Trade in China, &c., I am, in Mr. Johnston's absence, com- manded to inform you that his Excellency has already authorized Her Majesty's Consul at Canton to furnish the recorded evidence against Mr. Compton, and on which evidence, as compared with the complaints and charges of the Chinese Government against INIr. Compton, his Excellency himself ordered the fine to be levied, as he reported to Her Majesty's Principal Secretary of State for Foreign Affairs. In connection with this subject, his Excellency has to call the attention of the Chief Justice to his letter and inclosure of the 27th October. I have, &c. (Signed) W. CAINE. 79 Inclosurc 5 in No. 22. Consul Macgregor to the Registrar to the Siijveinr Court. Sir, Canton, November 6, 1846. IN conformity \vitli the permission received from his KxceHency Her Majesty's Plenipotentiary, &,c., I have the honour of transmitting to you inclosed for the information of the Supreme Court, the depositions taken in the case Mr. Charles Spencer Compton, in consequence of various com- plaints made against him ])y the Chinese Government, connected with the late riots, and of Avhich the following is the substance. 1. That Mr. Compton on the 4th July, at the door of the guard house in Old China-street, kicked to pieces the stall furniture of a fruiterer at that place ; and 2. That on the military officer Lefungtscang going out to stop him, he struck the latter with a cane which he held in his hand. 3. That Mr. Compton again on the 8th July following, descending from the upper story of the (Chungho) hong with a cane, officiously interfered in a dispute between a foreigner and a vendor of plums at the entrance of the Old China-street, inflicting random blows upon the person of the said fruiterer. 4. That ]Mr. Compton in the course of the quarrel laid hold of a Chinaman and took him into the Chungho hong, where he tied and beat him, 5. That he excited the assembled mob by his violent and perverse conduct, and thereby caused the late popular disturbance which ended in an affray with the foreigners, in which several Chinese were killed and wounded by fire-arms. It will be observed that the evidence referred to in the premises con- sists of four depositions marked from one to four before JNIr. Jackson the British Vice-Consul at Canton, by Mr. Compton the defendant in this cause, and three witnesses, namely, Mr. Oilman, Mr. Kllice, and Mr. Dudgeon. After having carefully examined and compared the same with the elucidations supplied at various times by the Chinese high authorities in their official correspondence with me on the subject, 1 found Ad 1, that Mr. Compton did kick down the stall furniture of the fruiterer on the 4th instant, at which wanton and unprovoked outrage the assembled mob felt so indignant that a disturbance would have taken place that ev^ening but for the opportune intervention of some of the com- pradores and householders of China-street who, called to the spot by the Tepaou or District Overseer, succeeded in appeasing the people, by which means the impending danger was for this time averted, though it was provoked by the same individual only four days after. Ad 2, that the charge of jMr. Compton having inflicted corporal chastisement on the officer Lefungtscang does not appear to be sufficiently proved, although he handled his person. Ad 3, that there is some mistake in the plaint in which the jiersons of Mr. Compton and Mr. Dudgeon seem to have been confounded together. It was evidently Mr. Dudgeon who looked out of the window in the upper story of the Chungho hong (where the merchants have a billiard room) at the commencement of the fracas in the street below — it was Mr. Dudgeon who descended and not Mr. Compton as alleged in the said plaint. It was not therefore some other foreigner in whose quarrel Mr. Compton is alleged to have interfered, but it was Mr. Compton himself who, having been engaged in an affray, was joined by Mr. Dudgeon who hastened down to his assistance as aforementioned. Ad 4, that it is proved that Mr. Compton did return the blow of the Chinaman who had struck him in consequence of having been pushed aside by Mr. Compton ; that the latter did also seize the Chinaman and (with the participation of others) dragged him into the Chungho hong, where he tied him up and imprisoned him without any warrant or autho- rity, until the man regained his libert}-. That Mr. Compton ill-treated 80 him while in confinement, though c-hargcd by tiic Chinese authorities, is not proven. Ado, tliat tiie acts of violence committed on tlic 4th and 8th July successively by Mr. C\)mi)ton cannot but be considered as the main exciting- cause of the popular outbreak on the last-mentioned day, suc- ceeded by the lamentable loss of life by fire-arms already alluded to, for •which satisHiction is still required by the Chinese authorities. Having- been directed by his Excellency Her Majesty's Plenipo- tentiary to fine Mr. Compton 200 dollars for his misconduct in the two repeated instances, 1 accordingly levied a fine upon Mr. Compton to that amount, for which the inclosed despatch from his Excellency Her Majesty's Plenipotentiary, marked No. 5, and communicated with his permission, is my warrant. I also transmit to you for the information of the Supreme Court, sub No. G, a copy of my sentence* for the above fine as entered in the Book of Records kept at this office. The quoting- of Ordinance No. 2 for Ordinance No. 5 was my own error. The reasons which, upon consideration of all the facts on international grounds, guided his Excellency in ordering the fine to be imposed are stated in his Excellency's public notice of the 29th October last to Her Majesty's subjects within the Chinese dominions. 1 will only add, in conclusion, that Mr. Compton was warned by me only a few days pre- vious to the first outrage committed by him, of the consequences likely to result from an outbreak of the populace, if provoked to disorder by acts of violence originating among ourselves, as will appear from the extract of a letter I addressed to Mr. Compton and others on 3rd July last. I have, &c. (Signed) FRANCIS C. MACGREGOR. No. 23. Sir John Davis to Viscount Palmerston. — {Received January 23, 1847.) My Lord, Victoria, Hong Kong, November 21, 1846. AFTER the "Nemesis" steamer had been anchored for three months off the factories at Canton, and measures had been taken by the Chinese Government for insuring order, I entirely concurred with Rear-Amiral Sir Thomas Cochrane in deeming it right that the steamer should be with- drawn, as her remaining, under present circumstances, would only foster the insolent and aggressive spirit of the ill-disposed among our merchant residents. The foreigners of other nations have never demanded such protection from their Governments, and their better conduct renders them less desirous to seek it. I have received since the departure of the " Nemesis" the inclosed despatch from Consul Macgregor, with a communication from Keying. I have, &c. (Signed) J. F. DAVIS. • Sentence passed upon Mr. Compton. [From Supplement to " Overland Register" of November 23, 1846.] As entered in the book of records kept at this office imder date 24th September, 1846, p. 184. In the matter of certain complaints preferred by the Imperial Commissioner and Governor- General of this province against Mr. Charles Spencer Compton, merchant, connected with the dis- turbances of the 4th and 8th July of the present year. In conformity with Section 6 of Ordinance 6 and 7 Vict., Regf. No. 2 of 1844, and on the strength of the evidence before me, from which it appears that the said Charles Spencer Compton has committed various acts injurious to our friendly relations with the Chinese Government and people, I have passed judgment this day in a summary manner ; and I do hereby sentence the said Charles Spencer Compton in particular for having on the 4th July last kicked down the stall furniture of a fruiterer at the bottom of Old China-street, to pay a fiue'to Her Majesty the Queen of two hundred Spanish dollars. Canton, the 24th September, 1846. (Signed) FRANCIS C. MACGREGOR, H.B. M. Consul. 81 Inclosuro 1 in No 23, Consul ]\lac!^ref^or to Sir John Daius. Sir, Canton, November 18, 1810. WITH reference to my despatch No. 107, I have the lionour of inclosing to your Excellency, in original and translation, the answer I received from the Imperial Commissioner under date of tiic 14th instant, to my letter announcing- the departure of tiie steamer '• Nemesis," judging- it of imiwrtancc that you should be informed of its contents as conveying- an odicial communication of tlie arrangements wiiich iiavc been made by the Chinese authorities and are to be carried out for tiie preser- vation of public tranquillity in this city. 1 am happy to add that nothing has hap])ened since my hist commu- nication indicative of a disposition on tiie part of the jn'ople to disturl) tiiat tranquillity. A military post is still stationed in Old China-street Soutii, and measures are adopted to keep order and prevent a large concourse of people at that place. I have, &;c. (Signed) FRANCIS C. MACGREGOR. Inclosure 2 in No. 23. Commissioner Ke and the Governor of Kwangtung to Consul Macgregor. (Translation.) KE, Imperial Commissioner, Governor-General of the Two Kwang, &c , and Kwang, Governor of Kwangtung, &,c., hereby give a declaration in reply. We have received your statement to the following- effect : [here follows an abstract of the letter of Her Majesty's Consul to their Excellencies, dated 13th November, 1846, expressing- a hope that they would increase their means of defence for the protection of the foreign factories in the event of a ])opular riot, &c.] After examination, we find that in the month of Jul}-, when the disturbance attended with loss of life took place at the thirteen factories, we immediately dispatched officers and soldiers to guard against and suppress tumults, and that fortunately the)' have for several months preserved us from causes of anxiety. Considering however that to dispatch soldiers upon the occurrence of any event is by no means a permanent plan, we have therefore, after framing the necessary regulations, appointed one military officer, a major, and one civilian, an oilicer having in(k^pcndent jurisdiction, to take charge of soldiers and police, and reside constantly in the neigliboui-hood of tlie thirteen factories, as a guard and protection, and that they may, in the event of altercations, quarrels, and disturbances between the Chinese and foreigners, be thus able, in the immediate vicinity, to ascertain the facts anfl arrange matters according to reason, separately dispelling the causes of discord in order to prevent their ending in exciting great evils ; and orders have already been dispatched for the necessary measures to be taken in due order. Apart from these no other preparations for jirotection have been made. If however a state of mutual tranquillity and al)scnce of trouble is to have existence, it is indispensable that ecjuity ol^tain in the inter- course and relations between the two countries. It is therefore necessary that you restrain the British merchants, so that they may not, like M 82 Compton, employ violence and take a delight in overcoming others thereby exciting fights, but that they may regulate their conduct by reason and the common feelings of mankind. Both parties will then enjoy pleasure and profit in common, without depending on the defence and protection of the military and police aloue. A special declaration. For the British Consul Macgregor. 14th November, 1846. No. 24. Sir John Davis to Viscount Palmerston. — {Received January 23, 1847.) (Extract.) Victoria, Hong Kong, November 25, 1846. MY previous numerous despatches during nearly four months will probably have convinced your Lordship that Mr. Compton, the originator of the fatal riot, had not been too heavily fined. The fine was imposed on a consideration of Mr. Compton's proceedings, not only on the 4th July in Avantonly kicking over a Chinese stall, but also on the 8th following in assaulting and falsely imprisoning a subject of China, which led to the mobbing and riot. Mr. Comj)ton had received written warning from the Consul on the 3rd July (being the day preceding his first act), of the con- sequences of ''acts of violence originating among ourselves." His repeated violence was in spite of this recorded warning. The amount of the fine as a penalty must be viewed relatively to the offender's station and means ; and in this light, and under the aggravated circumstances of the case, it was not excessive. The only object of the penalty being the prevention of similar viqlence in future, the Chief Justice must have been aware that any interference with it under present circumstances at Canton must be attended with mischief and danger. Above all, at a moment when I am assailed by continued demands for satisfaction on account of the shooting of three subjects of China, who it is contended were slain in pursuit to a distance, and therefore not in necessary self-defence, the announcement to the Chinese Government of Mr. Compton's total impunity must be attended with the worst inter- national tendencies. Mr. Hulme has however entirely remitted the fine on an appeal from Mr. Compton. This was not the verdict of a jury, but Mr. Hulme's indi- vidual opinion and judgment ; and I regret extremely that it was in his power to interfere. Though I cannot agree that Ordinance 5 does not refer to all disputes between Chinese and English, I have been advised to let his judgment have its course, notwithstanding its manifest evils; but some fresh ordinance will inevitably be required to prevent such mis- chievous interference in international cases ; and with the assistance of the Legislative Council I propose taking such an ordinance into considera- tion. In the meanwhile I have the honour to submit for your Lordship's approval a draft of an enactment for the deportation of English offenders , on the just complaint and requisition of the Chinese Government. Its inherent right I believe would be to send them out on its own part. Inclosed with this despatch is a copy of the report of Mr. Hulme's decision and a copy of the rule. As to the law of the case, Mr. Macgregor being no lawyer, and having (like myself, in the absence of the Attorney- General) no legal adviser, has made mistakes in point of form which vitiate his sentence ; and this sentence was not communicated to me until after he had sent it to Mr. Compton. Mr. Hulme suppresses the fact that Mr. Compton provoked the blow of the Chinese by the assault of pushing him aside. He sup- presses the fact of the Chinese being seized and tied up, which really caused the riot, as Keying states. He also suppresses the fact of the written warning which Mr. Compton had received only tne day before his first act of violence. 83 I cannot better close this despatch tlian I)y Ibrwardino- tiie inclosed letter from Rear-Adiniral Sir Thomas Cochrane, conveying the high authority of his opinion as to the chsposilion of the Cliinese people at Canton, and what he very properly terms the bullying conduct of our countrymen. He speaks from personal investigation anil experience. 1 hold tlie highly responsibk^ odice of preserving peace l)et\veen the two countries, and therefore look to your Lordship for a fair estimate of my motives in desiring to restrain the excesses of the Knghsh within the Chinese territories, w^here the iniierent rights of the CJovernment have been given up to us. JNIr. lluhne's argument will operate 1 fear as an encouragement to our people to be violent in a place like Canton, where the elements of mischief are rife. It is with great satisfaction I state that Major-General D'Aguilar, to whom I have read this despatch, requests me to add that he "entirely concurs in every word of it,'" and that he is prepared, as a member of the Legislative Council, to aid mc in providing as much as possible against the chances of evil. Inclosure 1 in No. 24. Draft of proposed Ordinance for Her Majesty's Subjects within the dominions of the Emperor of China, or within any ship or vessel at a distance of not more than one hundred miles from the Coast of China, WHEREAS the free resort of British subjects to the Five Ports within the Chinese dominions, renders it necessary to provide against any mischiefs or dangers arising therefrom to the peace and good understand- ing between the two countries: and whereas in consequence of the resignation by Treaty on the part of the Government of China of its in- herent right to punish or order out of its dominions foreign criminals, it becomes incumbent to provide effectually for tiie protection of the natives of tiie country from injury in their persons and property. Be it therefore hereby enacted and ordained, That on the just requi- sition of the Government of China, for the deporb^ition of any British offender from its dominions, the justice of such requisition to be deter- mined by the Chief Superintend(;nt of British Trade, it shall be lawful for the said'Chief Superintendent, by writing under his hand and seal forth- with to direct the Consul at any one of the Five Ports of trade to send any such offender out of the dominions of the Emperor of China, in the same manner as the Consul himself is already empowered to do on a second offence, and to detain in custody any such person until a suit- able opportunity for sending him out of the said dominions shall pre- sent itself, and any person to be sent out of the said dominions as afore- said may be embarked on board one of Her Majesty's vessels of war, or if there should be no such vessel of war which can be employed for such purpose, then on board any British vessel bound for Hong Kong, in the same manner as if such person were a distressed British subject. M2 84 Inclosurc 2 in No. 24. Report of the Chief Justice's decision. Supreme Court, Tuesday, the 24th November. The Queen v. Compton. [From the " Iloiig Kong Register."] AFTER the Chief Justice took his seat on the Bench, he inquired of Mr. Parker who appeared on the part of the Crown, if he had any cause to show why the sentence should not be set aside ? Mr. Parker said lie iiad not. Chief Justice — Have you anything to say ? INIr. Parker — Nothing. Mr. Coley rose, and said he came to show cause why the sentence passed on Mr. Compton by Mr. INIacgregor, Ilcr Majesty's Consul at Can- ton, imposing a line of 200 dollars, should be set aside. Mr. Coley proceeded to read Ordinance No. 2, under which the Consul had passed the sentence, remarking on it as he went on. By section first, Consuls have the same judicial authority as Courts at Hong Kong. It is plain therefore the Consul possesses no further power than your Lordship, (The sentence passed by INIr. Macgregor was read.) To form a conclu- sion as to the nature of the evidence on which this sentence was passed it will be necessary to refer to the documents received from the Chinese, but these cannot be received as legal evidence, but are merely documents addressed to Mr. Macgregor. The Chief Justice said they were official letters. In the view I shall give of the case I shall refer to them, not receiving them as proof, but merely taking them to explain the case and sentence. Mr. Coley then read the letter of Mr. Macgregor to Mr. Compton of the 24th September, in which the latter was charged with giving rise to popular disturbance and to the disasters which followed. Now there is not a word about the disturbance on the sentence. The Judge remarked — Not one word. Mr. Coley — The Consul must have founded his sentence on evidence taken when Mr. Compton was not in Court. The only evidence given was that of Messrs. Ellice, Oilman, and Dudgeon, and Mr. Compton's own declaration. The Judge — These have not even been sworn — it is therefore no evidence, but merely a statement. Mr. Coley having read the letters on to the 15th October (No. 13* of the published correspondence), the Judge inquired if all these documents could be verified on oath ? Mr. Coley — They can. As to the statements of Mr. Gilman, &c., they were not sworn to. Judge — They could not be so or it would be stated. ]\Ir. Compton's statement alone can be used. Mr. Compton's deposition was made with the belief that it was only required to satisfy the Chinese authorities, and not to be used as evidence against himself, on which a heavy fine of 200 dollars was to be imposed on him. He does not deny committing the offence, for which a small fine ought to have been imposed imme- diately ; but instead of that the matter was allowed to lie over till the 24th September, to be misconstrued and become mixed up with the occurrences of the 8th, with which it had nothing to do. This is shown by the sentence, which alludes particularly to what took place on the 4th. In regard to the proceedings of that day it is well known that the place where it occurred has always been completely crowded, and no pains taken to keep it clear according to the Regulations. Mr. Compton said before the Consul "That these circumstances led to the riot is very probable, but the consequences of it are chargeable to the • See Correspondence with Mr. Compton, Inclosurc 12 in No. 2. 85 apatliy of the Chinese autlioritios. &,c." Tliis however was merely stati-d as Mr. Compton's private opinion, and was not ^iven in evidence ; and besides he could only here allude to what occurred on the 8th. (Mr. Coley then read parts of tlie Hii;h Commissioner's communication). He says the Ith '" the people were already in a disturbed state, and a riot had almost taken ))lace, when fortunately tiie Te-paou (overseer) inlbrmed the compradors, wiio iiaving- stopped tiie ([uarrel by their representations, all parties dispersed.'' So tiiat iiothiui^at all particular occurred on the llli, even by the account of the Chinese, who go on to charge him with what occurred on the 8th, to which I\Ir. Macgrcgor's sentence bears no allusion. It is evident that Mr. Conipton did not create the disturbance of the 8th, but merely acted in seli-dcfence. lie admits he was wrong in what occurred on the 'Ith, and that some small fine ought to have been im|)ose(l - — five or ten dollars would have been suflicicnt ; the stall merely contained a few lychees, and might therefore be worth a few mace. (The evidence of the fruiterer as given by Keying was read, '' An Englishman came, and kicked over on to the ground the basket containing the lychees. i was expressing to iiini my disinclination to submit to this proceeding, when the oHicers and soldiers in the guard-house came out to explain the affair away, and admonished us, and I yielding to their admonitions immediatelv gathered together the lychees again, put them into the basket, and carried them away. This is truth.") This was a very trifling affair. The man picked up his lychees and went away, making no complaint. After the affair of the 8th the Chinese wanted to have some one punished, and attempted to fix on Mr. Compton the crime of causing the riot of that day. There is no attempt to prove that there was any riot on the oth, Gth, or 7th, on which days Mr. Compton frequently passed this spot with- out any molestation from the Cinnese. The Consul liimself says the fine was imposed merely for what took place on the ith, but attempts to con- nect it with what took place on the 8th, for which there is no evidence what- ever. While however Mr. Compton admits he was wrong, there was evi- dently provocation in the case, lie desired the man to remove his stall that he might pass — the man would not, and he kicked it down. Had it been removed he would not have done so. The Consul says tiiat it was on the strength of the evidence before him that he indicted the fine. Now. my Lord, what is the evidence? There is none — there is nothing in the evidence to warrant the conclusion that I\Ir. Compton had committed " various acts injurious to our friendly relations with the Chinese Covcrn- nient and people." Besides if there was, it did not come under Ordinance No. 2, which merely gives power to adjudicate on "all misdemeanours and other minor offences." Though it is clear there are numerous infor- malities in the proceedings of the Consul, INIr. Compton wishes to take no technical advantage of them, but to have justice fairly administered to him. He admits having kicked over the stall, and is willing to submit to a small fine for it. It is evident that the Consul, who was a witness to the occurrence, at first thought nothing of the case, or he would have taken proceedings upon it immediately; and had he acted upon his own opinion, he probably would never have taken any notice of the afliiir. A great part of the Chinese evidence is only got at third hand. It was given before one man, who repeats it to Keying, and the latter reports it to the Consul. If such fines as this are to be imposed l)y Consuls at their pleasure, there can be safety for no one in China. If convictions arc pro- cured upon the evidence of parties who never appear, and no opportunity is given to rebut it, the sooner all respectable persons leave the country the better. I have great confidence however in leaving the matter in your Lordship's hands. The Chief Justice, in giving his decision, remarked that the case was at first small, but had become important from what has occurred con- nected with it. There has been a total disregard not only of the forms of justice, but of justice itself. Had Mr. Macgregor been in any doubt as to the form of proceeding, he ought to have referred to Ordinance No. 7, where it is distinctly pointed out. Hy it all proceedings in the Consular Courts shall be in conformity and correspondence with the proceedings which in like cases would be had according to the law and practice of 86 England. The Consul has power to summon and examine witnesses on oath — their depositions must be written down — the person accused must hear llie evidence, and have an opportunity of exculpating himself. But this ordinance seem to have been totally disregarded, and the whole case appears to have been determined by assertions on the one side and assumjitions on the other. I am obliged to go to the sentence to discover what was the charge (reads the sentence). That sentence is unjust, excessive, and illegal. This will appear on a review of the proceedings. Though the Ordinance No. 2 provides that in all cases adjudicated on, the evidence recorded shall be forthwith transmitted to the Supreme Court of Judicature at Ilong Kong, this is the first case which has been sent, and it would not have been sent without application. This case therefore becomes of great consequence, not merely from its own merits, but to define tlie procedure in Consular Courts, which ought to be regulated by Ordinance No. 7. This in a great measure supersedes No. 2, (The Judge then read the Plenipotentiary's letter of 18th October* No. 21.) This shows that Mr. Compton received sentence under one Ordinance and was fined under another, which is contrary to all the principles of English justice. I should not suppose from the title of Ordinance No. 5 that this case came under it. But this is set at rest by Section 4, which gives power to punish in a summary way any infringement of the Treaties not punishable by the law of England. Now Mr. Compton's case was one which the law of England and also the law of this colony takes cognizance of. No. 5 refers merely to commercial regulations. I have now noticed the law, and shall next advert to the facts. The charge founded on what took place on the 4th is really abandoned by the Chinese. In the correspondence there is a want of candour on the part of the Consul. He refers the case to the Plenipotentiary. The latter says he imposed the fine himself; no confirma- tion was therefore necessary. By this sentence Mr. Compton is fined for one crime in particular, and for others in general. (The Judge then read and remarked on the communication from Keying to the Consul.) He charges Mr. Compton with making a riot; but any riot that occurred must have been on the side of the Chinese, as three persons are required to constitute a riot. Keying charges the English with following the Chinese and shooting them not in front of the factories, which shows they were not acting in self-defence. Now there is a wide distinction to be made between a person acting in defence of his person, in which case he ought to withdraw, and one defending his property, who has a right to pursue the assailants until they are driven away. Throughout the transaction nothing appears more natural or more proper than the course followed by the English. Keying says the relati\ es of the deceased flock to the dis- trict magistrates, asking life for life, and the local authorities have nothing to say in answer to them. A very ready answer might be made to them, — that their relations had brought death on themselves by their violence. He says that the English having followed those who retreated, and attacked them with fire-arms, there must doubtless be in such conduct the intention to kill; and when you say "the guns were fired at random in the dark streets, you do not avoid chicanery in explaining- the matter away." Now such an intention was perfectly justifiable under the cir- cumstances. The next communication is nothing more than a statement of the evidence taken by the Chinese, in confirmation of the views they had previously taken of the case. The next is of more interest, and shows that at this time Mr. Macgregor had taken a very proper view of the case, and had blamed the Chinese for not noticing the reprehensible conduct of the officer charged with keeping the passage clear. Keying says, " a too gi-eat readiness to seek for redress on every petty occasion ought not to be evinced. The affair of the 4th July having been already explained away, &ic." This shows that what took place on the 4th had been com- pletely left out of sight before the sentence was passed. (The reasons for the sentence, addressed to the Court by the Consul, were then read.) It appears this sentence was founded as much on the evidence of Mr. Ellice, &tc., which not being taken on oath, could not be used. The connexion * See Correspondence with Mr. Compton, Iiiclosure 22 in No. 2. 87 between the proceedings of the 4th and 8tli is assumed without the slightest evidence. It would have been a most extraordinary circum- stance if JNIr. Compton or any otiier Englishman on heiiig struck had not retiu-ned the blow. I shoulil have been astonished if lie iiad not. I repeat again that the whole case is founded on assertion on tiie one side and assumption on the other, witiiout any evidence. Mr. Macgregor says "the quoting of Ordinance No. 2 instead of No. was my own error." But there is no reason why Mr. Compton should suflTer for Mr. Macgregor's error. It is evident, in my opinion, tiiat .Mr. Complon was sentenced, apparently for what took place on the 4th, but really for what occurred on the 8th. Had there oidy been some small mistake as to matters of form, I should have considereil it proper merely to modify the fine to a small sum; but the whole proceedings have been so exceedingly irregular as to render it necessary to reverse the judgment altogether; anil the judgment of the Court is, that the sentence of Mr. Macgregor imposing a fine of 200 dollars upon Mr. Compton be reversed. Inclosurc 3 in No. 24. Rule of the Supreme Court. In the Supreme Court of Hong Kong, on Tuesday the 24th day of November, in the year of our Lord, 1840. Regina v. Compton. UPON reading the rule made in this cause on Saturday the Hth day of November, in this present Michaelmas Term, and the endorsements thereon of receipt and service of copies of the said rule, and the deposition of the said defendant taken before R. B. Jackson, Her Majesty's Vice- Consul at Canton, relative to the riot of the 8th of July, 1846. and the sentence passed by Francis Colman jNIacgregor, Her Majesty's Consul at Canton, on the said defendant on the 24tli day of Sei)tember last, wherein he states, that in conformity with section 6 of Ordinance Gth and 7th of Victoria Regina, No. 2 of 1844, and on the strength of the evidence before him, from which it appeared that the said defendant had committed various acts injurious to our friendly relations with the Chinese Govern- ment and people, he had passed judgment that day in a summary manner, and he did thereby sentence the said defendant in particular for iiaving on the 4th of July last kicked down the stall-furniture of a fruiterer at the bottom of Old China-street to pay a fine to Her Majesty the Queen of 200 Spanish dollars, and upon hearing Mr. Coley, attorney for the said defendant, and no cause being sliown to the contrary. It is ordered that under the provisions of the said Ordinance of the Gth and 7th of Victoria Regina, No. 2 of 1844, the said sentence passed by the said Francis Coleman Macgregor, imposing a fine of 200 Spanish dollars on the said defendant, be reversed. (L.S.) By the Court. Inclosure 4 in No. 24. Rear-Admiral Sir Thomas Cochrane to Sir John Davis. " Agiucourt." My dear Governor, Hong Kong, November 20, ISlfi. IN pursuance of the intention I commiuiicated to you of visiting Canton for the purpose of seeing, before my departure for England, the changes that may have occurred in the four years that had elapsed since I was last there, as well as to ascertain how far any just cause existed ioc the apprehensions of the British merchants resident at Canton, or for a sliip of war being constantly stationed ofl' tlie factory gardens, to her imniiiient peril were any real" hostilities to take ])lace, I went there from hence on Sunday, anil on Monday landing in |)lain clothes, accompanied by my Flag-Lieutenant antl Captain .McDougall, I walked for full six hours in every part of the town where 1 thought it likely to meet a crowd, finding myself without intending it close to the dreaded city gate, within seven or eight doors of which 1 passed some time in a sho}) making pur- chases, the doors surrounded as usual by lookers-on from the crowded street that leads to the gate, of whom not "a single individual showed the slightest incivility. On the contrary some in the most friendly and respectful manner examined the texture of "my coat as well as my gloves, the latter beino- as you know a curiosity with them. In short I sought every posifion where public feeling was likely to be exhibited, and blinked none; and I can positively declare that I and those with me passed through the streets with as much freedom and as little inconvenience as in any street in London, and met with precisely the same reception 1 have done at Shanghae or Ningpo; anil if any circumstance had been required to con- firm the opinion Ihave more than once expressed, namely, that the Chinese will never be the aggressors, the visit of Monday would "fully do so; and if I required further proof of the bullying disposition of my own countrymen among foreigners in the first instance, and their unreasonable expectations as to anticipated protection afterwards, it will be found in what has already passed, and in the statement made to you by the Consul on the first recall of the "Nemesis," and another by her commander on his arrival here, that on being ordered down the river "after lying three months without moving from tlie factory gardens, the merchants made loud complaints, and I expected to have heard that she had been followed by a petition for her return. If the merchants would believe that their best and by far most efficient protection is to be found in their own circumspect conduct, in treating the people with urbanity and good-will, and in avoiding rather than seeking sources of conflict, I feel persuaded that they will soon practically discover in these measures more persuasive advocates with the Chinese than in all the force I could bring against them. I am, &,c. (Signed) THOS. COCHRANE. No. 25. Sir John Davis to Viscount Palmerston. — (Received January 23, 1847.) INIy Lord, Victoria, Hong Kong, November 29, 1846. I HAVE just on the morning of the mail steamer's dispatch (being Sunday) received the inclosed letter from Mr. Compton forwarding very voluminous documents under open cover. This is in violation of a plain principle recognised in the folloviing words under the Colonial Regu- lations (page 49), but applicable of course to all departments of Her Majesty's service: " The practice which has in some instances been adopted of addressing memorials direct to this office, and only sending copies of them to the Governor on the eve of the departure of the vessel which is to convey them, will not be recognised as a proper coui'se of communication and must not be repeated.'' Among the documents forwarded by Mr. Compton, I am glad to find he has included his own deposition (not on oath) before Mr. Vice-Consul Jackson at Canton, in which the whole of the facts for which he was fined are admitted by himself — even to the confession that they " very probably" occasioned the fatal riot of the 8tli July. On account of the weight and volume of Ivlr. Corapton's inclosures thev are forwarded vi(2 Southampton. I have, &c. (Signed) J. F. DAVIS. 89 No. 2(). yiscoiint Palmcrslun to Sir Juhit Daris. Sir, Foreii^n Oj/ice, Januari/ 25, ]H17. WITH reference to your despateh of tiie 21s( of Noveinlx-r, statini;- that you had entirely concurred with Rear- Admiral Sir Thomas C'oclirane in the propriety under existing- circumstances of" withdrawing the steam- vessel "Nemesis" from her anchorage off the factories at Canton, I have to acquaint you that altliough it may perhaps hi; useful that the ship of war should sometimes he witlidrawn for a sliort time from the anchorage oflfthe factories, I consider that it should after an interval always go back again. The presence of such a vessel must be a restraint on the Chinese, and by inspiring the British with a feeling of protection render them less disposed to take their defence into their own hands. I am, &c. (Signed) PALMERSTON. No. 27. Viscount Palmerston to Sir John Davis. Sir, Foreign Office, January 25, 1817. I HAVE received your despatches of the 12th and 25th of November respecting the fine of 200 dollars imposed by your directions on Mr. Compton, for the part which he took with reference to the riot at Canton on the 8th of July, and the subsequent remission of that fine by the Chief Justice of Hong Kong. It is my intention as soon as the papers transmitted to you by Mr. Compton, and referred to in your despatch of the 29th of November, shall arrive in this country, to refer the whole ])roceedings, and especially the decision of the Chief Justice, to the consideration of the Law Officers of the Crown, and I consequently abstain for the present from entering upon that part of the question. But 1 have to state to you in the meanwhile that I entirely approve of your having fined Mr. Compton; for I consider it indispensable that British subjects in China should be taught that if, on the one hand. Her Majesty's Government will exact and require from the Chinese that British suljjccts should be as free from molestation and insult in Ciiina as they would be in England; yet on the other hand Her INIajesty's Govern- ment will exact and recpiire of British subjects th.at they shall in China abstain as much from offering molestation and insult to others, as they would if they were in England ; and it never can be tolerated that tliey should indulge towards the people of China in acts of violence or con- tumely which they would not venture to practise towards the humblest and meanest individual in their own country. With reference to the draft of Ordinance for the deportation of English offenders on the just complaint and requisition of the Chinese Government inclosed in your despatch of the 25th November, I have to state to you that I have doubts about the expediency of such an enactment, and I think it would be best to postpone it. I am, &.c. ^ (Signe.l) PALMERSTON. 90 No. 28. Viscount Palmerston to Sir John Davis. Sir, Foreign Office, January 25, 1847. WITH reference to your despatch of the 12th of November, inclosing copies of your further correspondence with Keying respecting the riot at Canton of the 8th of July, and calling my attention to a notice published by Mr. Consul Alcock at Foo-chow-foo on tlie 24tli of June last with a view to restrain disorderly conduct on the part of British subjects, I have to state to you that you are quite right in using all the means in your power to prevent or to punish such irritating proceedings by British subjects and persons employed by them towards the Chinese, as are men- tioned in Mr. Alcock's public notice. While on the one hand no unpro- voked aggression on the part of the Chinese should be permitted, on the other hand the British in China ought most carefully to abstain from any conduct calculated to provoke, irritate, and offend the Chinese of any class, high or low. I am, &c. (Signed) PALMERSTON. No. 29. Viscount Palmerston to Sir John Davis. Sir, Foreign Office, February 24, 1847. ALTHOUGH I must reserve for the next opportunity the fuller instructions which I shall have to address to you on the subject of the riot at Canton of July last, and of the proceedings against Mr. Compton in consequence of his conduct with reference to that transaction, I will not allow the present mail to depart without informing you that all the papers connected with the case have been referred to the Law Officers of the Crown, and that they have reported to me that they are of opinion that INIr. Compton was guilty of offences on the 4th and 8th of July for which he might and ought to have been punished by proceedings in the C;!it avert such a calamity from fire-boats or fire-rafts, or from Ijcinj;- overwhelmed bv the mere pressure of numbeis. 3. If the British merchants dcsii-e to have a steam-ship opposite the factory, to be at all times ready for their reception on board, in case of attacks or assault, but without any si)ecilic reason to suppose attack or assault intended, 1 cannot but entertain the opinion that Her Majesty's Ciovernment not only would not listen to such an unreasonable expectation, but that the knowjedge on the part of the Chinese of the object for which the steam-ship was placed there might not improl)ai)ly realize the ag-gression it apprehended, on one hand by persuading them that wc doubted and feared them, and on the other by encourag;ing those liritisli subjects prone to domineering and aggression, by the knowledge that at the worst they had a shelter to retreat to. 4. I\Iy firm opinion is (as stated in my demi-oflicial letter to your Excellency, written after my visit to Canton, and of which vour Excellency is most welcome to make any use you may tiiink proper with Iler ^lajesty's Government) that the Chinese are perfectly inclined to be peaceable, and that should any disturbances take i)lace, they will not be the aggressors. The Americans, P'rench, Dutch, and all other nations, seem to live in peace and harmony with them ; and I am not aware of any reason why we should not do the same. 5. If, however, contrary to all expectation, the Chinese should evince such hostility as to render the lives and projierty of British subjects insecure, your Excellency will concur with me in opinion that it will be more dignified in that case for all British subjects to remove in time from Canton, and leave redress and indemnification in the hands of the British Government, than to contest the point with a small steam-ship. 6. That the presence of such a vessel only tends to irritate, and not allay, inimical feeling-, your Excellency or your j)redecessor has more than once, I believe, been informed by the Chinese authorities at Canton. I have, &c. (Signed) TIIOS. COCIIRAXK. Inclosurc 4 in No. 30. Government Notification respecting Riots at Canton. HIS Excellency Ilcr Majesty's Plenipotentiary, &c., considers it particularly necessary at this time to make known to British subjects at Canton the following extract of instructions from Her ^lajesty's Govern- ment with reference to riots at tliat place in 1843, in order that they may be forewarned of the only conditions on which they are to expect either protection or indemnification. " Her Majesty's Government entirely approve of your having declined to act upon the suggestion which w^as made to you, to emi)loy a force for the protection of the factories at Canton against the violence of the populace, which the British merchants apprehended might again lead to scenes of confusion and destruction. There is sullicient evidence to show that the outbreak of the Chinese mob was in the first instance, and in all probability exclusively, provoked by the negligence of the masters of a British vessel in allowing his seamen to go on shore without elHcicnt control. Her Majesty's Government trust that the excesses of those seamen, when thus emancipated from the restraints of discipline, will prove a salutary lesson to British merchants engaged in the trade with China, and that they will acquire the conviction that the security of their persons and property must in no small degree depend upon themselves; for Her Majesty's Government cannot hold themselves responsible either 94 for the protection or indemiiincation of parties who by their own miscon- duct or l)y tlieir culpable neoligcncc in omitting to restrain those wiiom it is their duty to control, shall render themselves obnoxious to the Chinese Government or people." By Order, (Signed) W. CAINE, Colonial Secretary. In the absence of Mr. Johnston. Victoria, Hong Kong, December 4, 1846. No. 31. Sir John Davis to Viscount Palmerston. — (Received February 25, 1847.) (Extract.) Victoria, Hong Kong, December 15, 1846. The inclosed translation, by Mr. Gutzlaff, of the Chinese version of the American Consul's official letter to the Canton Government, is con- firmatory of Mr. Compton's criminality, and a curious supplement to the case. He says " I the Consul found on inquiry that the Englishman Compton gave rise to the disturbance." Inclosure in No. 31. The American Consul to Commissioner Keying. (Translation.) FORBES, American Consul at Canton, sends the following reply to the commands of your worship, contained in a letter dated 26th year of Taoukw^ang, 6th month, IGth day (7th August, 1846), which he received on his return from Macao on 20th day of 6th month (11th August), as follows : " It would appear that Compton, an Englishman, on 15th day of 5tli month (8th July), was quarrelling with a Chinaman at the entrance of Tsingyuen-street, and having collared him took him to the Chungho hong*, where he was bound and beaten. The multitude however would not allow this, but was anxious to enter and liberate the man, whilst throwing stones at the foreigners. These on their part opposed and beat the Chinese, who apprehensive of their violence retreated and dispersed. But the foreigners pursuing them fired at them, whereby three Chinese lost their lives, and six more were wounded. As this affair was caused by Compton, an Englishman, letters were addressed repeatedly to Consul Macgregor, that he might manage the matter according to the Treaty. He returned twice for an answer that it was very difficult'to settle this business. He added moreover that all the foreigners at the provincial city were concerned in this affair, and that it was wrong to say^ that it were merely the English, and words to that effect. " We find that there are a great many Englishmen and Americans who live at the provincial city, and I the Great Minister and I the Lieutenant- Governor have no means to ascertain whether or not Americans ^com- menced this affray and disturbance and joined the multitude in firing [on the assailants]. " The cause of this outbreak may be sought in the foreigners presum- ing on their superiority, creating a tumult. The Chinese who lost their lives or were wounded are no vagabonds, but honest tradespeople, of which one may soon be convinced. Their corpses have now been brought to the magistracy by their relations, who insist upon retribution, whilst the feelings of the people are excited. If this matter is not managed accord- ing to the provisions of the Treaty we fear another outbreak, in which the inoffensive of other n..tions will be involved. If moreover in future a similar occurrence would take place, the CJiinese local authorities would find it very difficult to repress the people, which would be of great conse- 95 quence to the foreigner as well as native. As this affair concerns the said [American] Consul, we suppose that he was either an eye-witness of it or heard of it. " We therefore address this letter to the said Coiisid, that he may institute an investigation about the subjects mentioned in this note, and furnish us witli the actual facts according to truth in his reply, in order to manage things accordingly." I the Consul found on inquiry that the Englishman Compton gave rise on the 15th day of the 5th month (8th July) to a disturbance. During the tumult the people assembled in great numbers, and broke down the wall of the Chungho hong, whilst the merchants and people of my own country protected their own property. When I the Consul heard that an Englishman was the cause of this L considered it useless to go out for suppressing [the riot]. I have no means of investigating how in this tumult of the English the fire-arms were used. This true answer 1 submit to your examination. 6th month, 20th day. (11th August, 1816.) No. 32. Viscount Palmerston to Sir John Davis. Sir, Foreign Office, March 11, 1847. I STATED to you in my despatch of the 24th February, written imme- diately before the departure of the last mail, that the law oflicers of the Crown had reported to me that in their opinion Mr. Compton was guilty of offences on the 4th and Sth of July, for which he might and ougiu to have been punished by proceedings in the Consular Court of Canton under the provisions of the Ordinance No. 7 of 1844 ; but that under existing circumstances no further proceedings were to be instituted against him on account of his conduct on those days, but that you were not to offer to him any apology or amends for wliat liad occurred witii respect to him. I now inclose for your information a copy of a letter whicii J have addressed to Mr. Compton in reply to his letters of the 28th of October and 28th of November, which you forwarded to me with your despatches of the 29th October and 29th November. I cannot however dismiss this subject without some further observa- tions. And in the first place I must state to you and desire that you will impress upon all Her Majesty's Consular Oflicers, that it is the intention and injunction of Her Majesty's Government that you and they siiould enforce to the fullest extent, for the maintenance of good order and jieacc- able conduct on the part of Her Majesty's subjects resorting to Ciiina, those ample powers of repression and punishment whicli have been vested in the Chief Superintendent and in the Consular Officers by the Legisla- ture and the Crown. Her Majesty's Government are glad to believe that by far the greater proportion of those British subjects who are established in trade at the several ports of China are duly sensible of the duty which is peculiarly- incumbent upon British subjects in China to respect tiie feelings and habits of the people among whom they dwell, and to abstain from any line of conduct which may produce disorder or give rise to feelings of ill will, and thus tend to interrupt the state of peace between their own country and that in which they reside. All well-disposed British subjects must also be fully aware of the duty which, though in a foreign land, they still owe to the sovereign authority of the Britisli Crown and F^egislaturc : and they must be prepared to pay a ready obedience to those laws of their own country, which, with a view to their protection, the British Government has obtained a right to enforce in China as regards the subjects of the British Ci-own. But imfortunatcly the case of INIr. Compton affords sufTicient evi- dence that in the British community in China, persons may be found, who, disregarding their duties as peaceable citizens, are uinnindful of the great commercial interests which tiicy may put in jeopardy, and heedless of the 96 disastrous consequences whicli would ensue, if tumults, which they wan- tonly provoke, should lead to a renewal of hostilities between England and China. Her Majesty's Government trust that the orderly and well-disposed subjects ol" Her Majesty in China will not only discountenance all evil- doers, but will moreover aid and sui)port to the utmost of their ability Her Majesty's Consular ollieers in their exertions to preserve the j)ublie peace. Her Majesty's Ciovernment arc prepared to maintain against all infractions by the Chinese Government or people, the treaty engagements between the two countries ; but on the other hand, they are determined not merely from a regard for British interests, but on the higher ground of justice to the Chinese Government, to provide as far as possible that no injury shall arise to peace and good order in China, from the concession which has been made to Her Majesty of exclusive jurisdiction over British subjects in China. Her Majesty's Government therefore think it right to warn, through you, all British subjects resorting to China, that they must pay due obe- dience to the British Consular authorities, and that they must refrain from insulting or provoking the Chinese, and from exciting or joining in any riots, or any disturbances of the public peace. And in order that all British subjects may be fully apprized of the legal character of the offence which any person would be guilty of, who should by an act of violence give rise to a riot, in the course of which loss of life should ensue; and in order that it may be known what is the degree of ])unishment to which such person would be liable, I have to inform you that the law officers of the Crown, in an opinion which 1 have received from them, say that, — " If a person by some act of violence give rise to a riot in the course of which loss of life ensue, he will be guilty of murder or manslaughter, as the case may be, or not guilty of either of those crimes, according to circumstances. For instance, if by some act of violence he give rise to a riot, but take no part in such riot himself, he will be responsible for the act only, but not for the riot, nor the consequences which may ensue. " So, though he commit the violence, intending to give rise to a riot, and actually take part in the riot himself, yet if in the course of that riot death ensue from the act of another wholly unconnected with him, he will be guilty of the riot, but not of the murder or manslaughter, as the case may be. But if with other persons he resolve generally to resist all opposers in the commission of a riot, or any other breach of the peace, and to execute it in such a manner as naturally tends to raise tumults and afirays, he must, when he engages in such bold disturbances of the public peace, at his peril abide the event of his actions ; and therefore if in doing any of these acts he or his confederates happen to kill a man, they are all guilty of murder or manslaughter, as the case may be, pro- vided the act done were the result of the confederacy and happened during the actual strife or endeavour, or at least within such reasonable time afterwards as to leave it probable that no fresh provocation intervened, "The punishment will vary according to the degree and quality of each offence." It will be the duty of Her Majesty's Consular Servants to be guided by this exposition of the law, however painful to their feelings may be the necessity of enforcing it. I have "to instruct you to transmit to all Her Majesty's Consuls in China copies of this despatch, and of my letter to Mr. Co'mjjton; and to direct them to make tlie same public within their respective Consulates. You will also direct them to republish at the same time Her Majesty's Order in Council of the 7th of Ajjril, 1844, and the Ordinance No. 7 of the 20th November, 1844, '' For the better administration of justice in the Consular Courts, and to establish a registration of British subjects within the dominions of the Emperor of China." You will make a similar publication of these several documents at Hong Kong. I have, &c. (Signed) PALMERSTON. 97 Inclosure in No. 32. Mr. Addiiiglon to Mr. Comploii. Sir, Foreign Office, March U, 1817. I AM directed by Viscount Palmerston to acknowledge the receipt of your letters of the 28th of October and 28th of November, the last inclos- ing copies of correspondence and other pa})ers relative to the j)roceeding-.s taken against you by Her IMajesty's Consul at Canton, in consequence of your conduct on the 4th and 8th of July, 1840. . Lord Palmerston directs me to state to you in reply, that Her Majesty's Government entirely approve the conduct of Sir John Davis in directing Her Majesty's Consul at Canton to proceed against you for what you did on those two days, and they regret that in consequence of the irregular manner in which these proceedings were conducted, you have escaj)ed the penalty which jou would otherwise have incurred ; for Her .Majesty's Government are advised by the law officers of the Crown, to whom all the papers connected with the occurrences of the 4th and 8th of July have been referred, that you were guilty of offences on those days, for "which you would have been liable to punishment if you had been proceeded against in the Consular Court of Canton under the provisions of the Ordinance No. 7 of 1844. Her Majesty's Government, however, trust that your having escaped from any penalty on this occasion, in consequence of a defect in the form of the proceedings against you, will not serve as encouragement cither to yourself or to others to commit towards tlie people of China acts of violence or contumely which you would not venture to practise towards the humblest individual in your own country ; for Her Majesty's Govern- ment, while they will exact and require from the Chinese that British subjects shall be as free from molestation and insult in China as they would be in England, are determined on the other hand so far as lies in their power, to exact and require from British subjects in China that they shall abstain as much as they would do if they were in England, from offering molestation and insult to other persons ; and Her JMajesty's Chief Superintendent in China and all Her Majesty's Consular Olliccrs will be most strictly enjoined to enforce to the fullest extent against all oircnilers those powers of repression and punishment, which have been vested in them by the Legislature and by the Crown. Her Majesty's Government would much neglect tlieir duly if they were to permit .the permanence of peace between China and England to be endangered, and the great interests involved in its continuance to be put into jeopardy, by the wanton acts of inconsiderate or reckless individuals. I am, &c. (Signed) H. U. ADDINGTOX. No. 33. Viscount Palmerston to Sir John Davis. Sir, Foreign Office, March 11, 1847. I HAVE to instruct you, in transmitting to Her Majesty's Consuls in China copies of my preceding despatch of this day, to call the attention of those officers to the absolute necessity of strictly adhering, in the administration of justice in their Consular "C'ourts, to the regulations pre- scribed in Ordinance No. 7 of 1844. If due attention had been paid in Mr. Compton's case to the forms required by this Ordinance, much incon- venience would have been avoided. In the instruction which you issued to the Consuls on the 22nd oi November, 1844, with reference" to Ordinance No. 7. you restricted them, in conformity with the regulations laid down for the Consuls in the Levant, from sending- to Hong-Kong- lor trial any other persons than those accused of nnirdcr. You will consider whether it may not be expedient to modify this restriction, and to allow the Consuls to send to Hong Kong for trial before the Chief Justice of the colony, in conformity with the provisions of the Order in Council of the 17th of April, 1844, parties implicated in serious riots, I should wish you also to consider whether it may not be expedient to pass an Ordinance in the Legislative Council empowering- Her Majesty's Consuls to require disturbers of the public peace to find security for their good behaviour. I am, &c. (Signed) PALMERSTON. No. 34. Viscount Palmerston to Sir John Davis. Sir, Foreign Office, March 11, 1847. WITH reference to the observations contained in Rear- Admiral Sir Thomas Cochrane's letter of the 3rd of December, of which a copy is inclosed in your despatcii of the 5th of that month, I have to state to you that Sir Thomas Cochrane's argument against stationing- a vessel opposite the factories at Canton would be perfectly conclusive if the purpose for which she was to be so stationed was to defend the factories against an attack from the Government of Canton, employing against the steamer all the means of annoyance in its power. Hut the case to provide for which the steamer is to bestationed off the factories, is the case of a riotous attack upon them by a lawless mob, in re|)elling which the Canton Government and the force at its command would be co-operating allies ; and it is diffi- cult to imagine that a British ship of war, however small, would not be a powerful auxiliary in such an emergency. I am, &c. (Signed) PALMERSTON. No. 35. Sir John Davis to Viscount Palmerston. — {Received iV/arcA|23.) My Lord, Victoria, Hong Kong, January 13, 1847. THE inclosed copy of a despatch lately received by me from Mr. Consul Macgregor is corroborative of the opinion stated by Rear-Admiral Sir Thomas Cochrane and myself, of the wanton provocation given by the English residents at Canton to the native Chinese. The parties on this occasion, Messrs. Ellice and Dunlop, appear to have been drunk, and on that ground the Consul limited the fine to only 10 dollars each. They may therefore consider that they esceped very lightly, and I understand that they acknowledge it and express their sorrow for the occurrence. Had the persons whom they so maltreated not been in European employ, and therefore, fortunately for themselves, submissive under the maltreatment, the case, like Mr. Compton's, might have been followed by more serious results. The Consuls have been instructed by a circular to act on all these occasions under Ordinance No. 7 of 1844, enacted in pursuance of Her Majesty's Order in Council of 17th April, 1844. TheOrdinance No. 2 was passed previously to the receipt of the Order in Council, and is entirely superseded by the later one enacted in consequence of it, and in which there is no appeal on every occasion of fine from the Consul to the Hong Kong Judge. 99 Ordinance No. 2 beiiin- tliord'ore now siipornuous, nnd in inany tliing-s inconsistent with No. 7, may properly be rejiealed. and indeed should have been on the enactment of No. 7. The annexeil extract ol" a letter from Mr. Consid .Macf;rep,()r just received, merely conlirms the opinion already ollered bv Sir 'I'homas Cochrane and myself as to the overbearing; disposition and intemperate conduct of the Knglisi) at Canton, and the danger of encouraging- their aggressive propensities by the unnecessary presence of a war steamer. The contrast with the Americans and other foreigners, who, living under precisely the same circumstances, make no outcries for military support, is obvious. I have, {cc. (Signed; J. F. i).V\'lS. Inclosure 1 in No. .">.'). Co7isuI Macgregor to Sir John D(tv Sir, Cautou. Jan nary 8. 1847. WITH reference to your Excellency's despatch of the 31st l)ecend)er last, relative to one of the gate-keepers at the foreign factories having been stabbed, 1 have not failed to examine into the matter, of which the following are the particulars. In the j)rcliminary examination which the gate-keeper Chingagan underwent at the Consulate he stated that on the morning of the 2()th December, at about 4 o'clock, several persons were knocking violently at the gate ; that on his being about to open, a foreigner who was standing inside prevented him, threatening him with his walking-stic-k. When the foreigner was gone, he opened the gate to the persons outside, but they being very boisterous, he, after o[)cning the wicket, immediately withdrew into the gate-house, fastening the door after him ; it was however forcetl open by the parties, one of whom who entered first he recognised to be Mr. Ellice. They then took hold of and dragged him and his comrades out of the lodge by their tails, shook them, kicked and tumbled them about, and I\Ir. Ellice lastly drew a sword out of his stick, and stabbed him in the left foot. Chingagan on being summoned to make a deposition on oath of the above facts, confirmed his former statement, with this exception however, that instead of affirming that Mr. Ellice drew a sword out of the stick and stabbed him in the left foot with it, he deposed '' that he did not know who struck him on the foot, because one person had hold of his tail while another was beating him ; that he did not see any person pull a sword out of a stick, and that he does not know how or with what he was wounded, being shaken about and in fear, and that he did not know of the wound in his Ifoot till after the affair was over, when he got a light, and saw the blood on his shoe." I have satisfied myself by ocular inspection that the wound, in whatever manner it may have been inflicted, is but a very slight one, and that by this time it is nearly healed. Mr. Ellice admitted the assault, but denied having any stick in his hand at the time, which was confirmed by Mr. Dunlop of the Oriental Bank, who was in company with him, and had partici[)alc(l in the allVay with the gate-keepers. Messrs. Fincham and Everard deposed that on passing the eastern gate leading to the block factories their attention was artracted by a noise of scuffling and laughter inside the gate, and on going in they observed Mr. Ellice and Mr. Dunlop in the act of pulling three Chinese out of the porter's lodge by their tails; they saw Messrs. Dunlop and Ellice give them a shaking, but saw no blows "struck, nor any stick or weapon of any kind in possession of either Mr. Ellice or Mr. I^unlop. The Chinese Chingagan not being able to state by whom or with what instrument he was wounded, the depositions of his comrades (one of whom ran away immediately at the commencement of the affray, and the 02 100 other hid himself in the gate-house) not afibrding- any elucicUition of this subject, and the witnesses to the transaction declaring that no sticks were IV possession of either Mr. Ellice or Mr. Dunlop, I dismissed the case of the stabbing, and only dealt with assault committed by Messrs. Ellice and Dunlop upon the gate-keepers ; for which, viewing it more in the light of a drunken frolic than otiierwise. I sentenced each of the parties accused to pay a fine of ten dollars to Her IMajesty the Queen, which I trust your Excellency will approve of. I have, &c. (Signed) FRANCIS C. MACGREGOR. Inclosure 2 in No. 35. Extract of private letter from Consul Macgregor. Canton, January 11, 1847. I NEVER was an advocate for stationing any ship of war in the immediate vicinity of the factories because there is great temptation, as well as danger to the preservation of peace in having an armed force so very near at hand. It appears to me one of those measures which must only be resorted to when dictated by absolute necessity, a case which so far as I can judge does not exist. Upon these grounds I declined recom- mending such a measui-e when urged by the merchants during your absence in the north immediately after" Mr. Compton's disturbances. Apart from these considerations, I conceive that it would produce more evil than good, since on the one hand it would render our people still more j)resumptuous and overbearing than they already are, while on the other, in the event of a consequent riot, a small vessel of the class alluded to, with only about thirty men disposable in case of emergency, would afford but very inadequate means of protection. But as to popular disturbances I must candidly confess I apprehend none for some time to come, provided tliey are not provoked by the foreigners themselves. The rabble know to their own cost that the foreigners are in possession of fire- arras and determined to use them when attacked, and that their numerical force is much stronger at present than it has been at any former period. The local authorities on the other hand dreading the effusion of blood for which they become responsible to the people, are much more on the alert than they ever were before, and have adopted more efficacious measures for the instant suppression of any outbreak before the flame has time to spread. And I would ask, have the Americans who run the same risks as we ourselves, been known ever to complain to their Government of insufficiency of protection, and do they clamour for ships ofw^ar at the factories? Certainly not; but knowing that their safety in a great measure depends upon their own conduct, their policy is to behave towards the Chinese with kindness and moderation, but at the same time not to suffer an insult without seeking redress by lawful means. They treat their own officers and the local authorities with respect, while they avoid giving them unnecessary trouble. It seems that by thus quietly following their avocations, the Americans have gained great popularity at Canton ; and I feel confident that if our people could only be brought to the conviction that defying their own authorities is of no avail, they would sooner or later find it their own interest to adopt a similar prudent line of conduct. You will already have observed from my public letters what measures have been taken by Keying for the more efficient protection of foreign residents, and it appears to me that if we show at this juncture a want of confidence by interfering with that protection which the Chinese autho- rities aie bound to afford our people, there is great reason to apprehend that the former will relax in their endeavours, and that a state of things Avill result very undesirable, and quite the reverse from what it ought to be according to the established principles of international law. 101 No. 36. Sir John Daris to Vhcount Palmerston. — {Received March 2"5.) My Lord, Victoria, Ifouf!; Konp;, Jaiiuari/ 2(), 1817. I HAVE the honour to reply lo your Lordship's despatch of October 24, in which I am directed to furnish information as to the |)racticc which has iiillicrto prevailed in respect to the presence oi" a man-of-war at each of the Five Ports. On my arrival nearly three years ago at Hoiif;- lvoii<;-, I found that Sir Henry Pottinger interpreted tiie terms of (he Supplemenlarv Treaty in the same manner witii myself, and tiiat in tlie four ports tiien open an English sloop or steamer was "stationed to enforce good ortler and discipline amongst the crews of merchant shipping, and to support the necessary authority of the Consul over British subjects." The idea had not occurred in framing the Treaty, that tlie Cliinese Government would be so powerless over its own sul)jects as to render foreign assistance necessary, and if it had occurred would have been repudiated by Keying. The port of Canton is at Wiiamj)oa, about eight or nine miles distant from the town. Every British merchantman (sometimes to the number of forty at once) is anchored there, and even the small passage steamer which plies regularly from hence is obliged to anchor two miles below the town on account of the shallowness and dangers of the river higher up. The ii^on steamers which I have sent up when necessary to the town, have not drawn much above six feet water, and though during the attacks on Canton in 1841 our small men-of-war got o|)|)osite the town, it was under those exigencies which war imposes, and with the utmost exertion, diffi- culty, and risk. Lord Aberdeen's despatch of November 16, 1844, was written in reply to despatches of that year from myself, urging strongly the necessity of reinforcing the squadron in China, to such an extent as might enable me to observe the provisions of the Treaty; and the benefits to British subjects to which your Lordship refers as contemplated in that despatch were those provided by the Treaty. '*' The first and most immediate occupation for the naval force in China is to give full effect to that provision of the 10th Article of the Supplementary Treaty, which stipulates for the pre- sence of a British man-of-war at each of the Five Ports opened to British trade." ]\Iy several despatches of August and September last will have proved to your Lordship that I had every disposition to send a vessel of war to Canton when it seemed necessary, and that I did send the •' Nemesis" on her first arrival from the north, causing her to lie off the factories for three months. My despatch of August 7th contained a long letter to Consul Macgregor (Inclosure 8) in which I combated the arguments and represen- tations of that officer against sending her, and she was sent contrary' to his advice. It has always appeared to myself, that if an old and careful man like the Consul had no fears, the danger to other British subjects could not be very imminent. My own natural disposition, I must confess, is jierhaps to be too forward and ready to adopt active measures, and were I to indulge in this con- trary to my sense of duty, I should find of course a ready echo in the naval and military officers by whom I am constantly surrounded. There would not be the slightest difficulty in destroying Canton with the force actually here — the great difficulty is in repressing the onward jn-ogrcss of that European ascendancy, which acts with the pressure of a constant spring, and which if it had full play would make our progress in China resemble that in India. I may add that the subjects of every other civilized Government get on more quietly with the Chinese, and clamour less for protection than our own. I endeavour on all occasions to adhere as closely to my instructions as circumstances will permit, and the inclosed extract from Lord Aber- deen prescribed a course which did not allow me to countenance the 102 species of piivato war and of military preparation for which our mer- chants and thoir young- ck-rks at Canton siiowcd so strong a propensity. I have alroadv liad the honour to inclose to your Lordship the strong- opinion of the Naval Commandor-in-chief against a vessel of war being- anchored at Canton, j)artly as being opposed to the Treaty. My whole correspondence however will have shown the constancy with which 1 have maintained against Keying the light of the Queen's ships to go wherever they can lloat, as founded negatively on our own Treaty, and positively on the" 30th Article of that with France. The practice concerning which your Lordship requires information has been to anchor a vessel of war among the ship])ing at the ports of trade whenever the naval force in China admitted of it. The demands of New Zealand and liorneo I presume have been the occasion of this force being almost always under the requisite amount, and my representations on the subject are on record. At Shanghae, Ningpo, and Amoy, the shijiping lie off the respective tow^ns, but at Canton and Foo-chow-foo they are from necessity eight to ten miles distant. I have often observed that this is an objectionable feature at those two ports. A vessel among the shipping and a vessel off the town impose the necessity of two men-of- war. It is satisfactory to me to receive your Lordship's positive instruc- tions to anchor a vessel of war off the Canton factories, not constantly, I presume, but when necessary. I have hitherto done so in opposition to the opinion of the Consul and in some measure to that of the Admiral. The '' Childers" sloop of war is now anchored among the shipping at Whampoa as usual, and at the crowded period of the new year I shall send the " Pluto" to lie off the factories, to which the " Childers" could not reach w ithout difficulty and danger. In the meanw-hile it is satisfactory to prove to your Lordship, by the inclosed despatch from Mr. Consul Macgregor, that the fears of the Chinese Government have led it to adopt efTcctaal measures for the preservation of order, and that the protection of our people will rest mainly where it ought to do, with the Government of the country in which they reside. It only remains for us to protect the Chinese from the provoking insolence of the English residents, and I have given such instructions to the Consuls as will prevent their summary decisions from being set aside by the Chief Justice. I have, &c. (Signed) J. F. DAVIS. Inclosure 1 in No. 36. The Earl of Aberdeen to Sir John Davis. (Extract.) Foreign Office, October 5, 1844. THE course to be pursued by Her Majesty's Consular Officers in cases like those which have arisen at Canton is formally to demand from the Chinese authorities that protection for themselves and for British subjects and property in general, to which by Treaty they can lay claim ; and failing to obtain this, ratlier to withdraw themselves and their countrymen (if the latter should voluntarily desire to withdraw) from the danger by w hich they may be menaced, than to seek to avert the danger by the very objectionable, and at the same time inefficient remedy of landing a body of marines. 103 Inclosurc 2 iu No. 30. Co7isiil Macgrcgur to Sir .luhii Davis. g. Canton, Junnary 20, 1817. AS the new year of the Cl.inosc is approaching, a period generally marked by a great inlU.x of strangers of every descr.i.tu.n Irom the sur- rounciing eountry, I have thonght it right to make dd.gent '"«l<";;;- ;^^ ^;^ the measures adoi.ted under these cu-eumstances by the h.eal a. ho.t. s for the protection of the British residents, in the e\ent of any oull.rcak ol iwoular disturbances. ... i ^ ' From the information I have obtained through the major commaml- in- tlie troops stationed in our immechate neiglibourliood, 1 have gathere. that about 500 soldiers are pcrmane.illy ^(piarlered mi the \vest( rn suburbs, upwards of 100 of whom form the party at the Consoo House and at the other posts distributed around tlie lorcign lactones In addition to these an armed militia, said to amount to sevnal thousand men, has been erected among the i.diabitants «^7''«^\':f^^;;" suburbs for their own protection, and a certam number of whi< h aie patrolling the streets every night. , , ^, ,, ,, ,,r i.,.,. For some time back I understand the Ciovernor-t.cneral has «'i i.iu. been regularly despatching one of his aides-de-camp or some o her ol )ce of rank to inspect the military posts outs.dc the e>ty m order to s a^ they are on the alert; and these officers are generally thus emploved dunng the greater part of the night. i,* „„ l.v This unusual vigilance has in a great measure been brough ml.y the consideration of threatening letters havmgbec.i repeatedly ^^^''^ > >^ pawnbrokers in this part of the suburbs, combined w.th an apprchensn for the safety of the foreign factories in case a surprise at tins time ol tlie year should' be attempted on the part of one of the numerous bands of robbers that are infesting certain parts of the interior of this jn-ovince, and to the existence of which I drew your Excellency s attention m my report No. 104 of last year. I have, &,c. (Signed) FRANCIS C. ^lACClRECOR. My Lord, No. 37. Sir John Davis to Viscount Palnierston.— {Received March 23.) Lord, Victoria, Hong Kong. January 2'J, 1817. YOUR Lordship's despatch of October 17lh leaves it to mv discre- tion to be guided by circumstances as to issuing a public notification, cautioning British subjects against the dangers to which they must neces- sarily expose themselves bv proceedings on their part calculated to excite the animosity of the Chinese, and warning them not to expect reparation for losses incurred by their own misconduct. ,,•.■< 1 have had sufficient reason to anticipate your Lonlship s instructions, as my despatches will have shown, in consecpience ot repeated acts ol violence on the part of the same individual, tlun.gli specially warned by the Consul at Canton. .i ■ ■ . c ,• (lw> ,,,• • Enough appears to me to have b.vn donr „n tins point Un 1' P'.- sent, and f believe the merchants are fully au aiTtliat thc^v wnuhllu-e to bear losses traceable to their own misconduct. I he Consul informs me that, from opposing authority, they have turned to recriminating on ea<-h other, a very natural course. ,/- , ,k.,( I ^1,mII Everything is so perfectly (luiet a.ul ..pI.tIn al (anion, (h,. I shall prefer postponing your Lordshii)'s caution to any time wiun .1 ..kiv he hereafter needed; rather than provoke the subject anew at present. ^^ heu I have made the communication to the Chinese C.overnment prescribed by vour Lordship's despatch of 3rd October, it shall be duly reported. •^ 1 have, &.C. (Signed) J. F. DAVIS. 104 No. 38. Jlscoiud Pahnersion to Sir .John Davis. Sir, Foreign Office, March 25, 1847. I IIAVP] received your despatch of the 13th January, inclosing copy and extract of two letters from Mr. Consul IMacgregor, one relating to the misconduct of two British subjects at Canton, which, under other circumstances, might have led to a renewal of the riots which were attended with such disastrous consequences in July last, the other relating to the question of stationing a ship-of-war off the factories at Canton. I canPiOt but ol)serve that, as regards the latter point, Mr. IMacgrcgor's arguments contradict each other, because if a knowledge on the part of the Canton mob that a small number of foreigners in the factories have muskets, and are determined to use them, tends to keep the mob quiet, it is evident that the presence of a ship-of-war with more formidable weapons and superior organization, must much contribute to the same result. I must also observe that wdiile Mr. Macgregor ascribes all source of danger to the habit on the part of the British residents to insult and molest the Chinese, he seems to me to have very inadequately punished that tendency in the case of Mr. EUice and Mr. Dunlop, Avhich forms the subject of his letter of the 8th of January. These gentlemen appear to have been guilty of a very inexcusable outrage upon some Chinese in the service of the factory ; and I cannot admit the doctrine of Mr. Mac- gregor, that the offence of getting drunk is a palliation of any other offence which the drunken person may happen to commit. It may be desirable that you should impress upon Mr. Macgregor that Her Majesty's Government expect to find in the Consul at Canton energy and determination enough to maintain his authority over British subjects, and thus to keep them in order ; while, on the other hand, he should have firmness enough to keep the Chinese authorities to their duty, and to hold in check the Chinese mob. It cannot be doubted that by a proper display of firmness and activity when required, the British Consul sliould be able to make a sufficient stand against either party. I am, &c. (Signed) PALMERSTON. No. 39. Viscount Palmerston to Sir John Davis. Sir, Foreign Office, March 25, 1847. I HAVE to acquaint you that Her Majesty's Government approve generally of what you say in your despatch of the 26th of January, respecting the stationing of a British ship of war in each of the Five Ports, and particularly off the factories at Canton. I have to state to you however that I do not see why the occasional presence of a ship of war at Canton should prevent the British Consul from repressing by the legal means vvithin his power, any tendency to violence or provocation on the part of the British residents ; and Mr. Consul Macgregor's despatch of the 20th of January of this year, inclosed in your despatch of tlie 26th January last, rather tends to show that additional protection may sometimes be required for the security of the British community against a sudden outbreak on the part of the Chinese mob. It is very well to say that it is the duty of the governing authorities in foreign countries to afford protection to British residents, and that the responsibility of doing so ought to be thrown upon those authorities. But the soundness of this doctrine would be no satisfaction to British subjects and their friends for injuries to person and property which might be sustained by the neglect of local authorities in moments of emergency, properly to fulfil their duty in this respect; and it is the frequent practice 105 of the British Government to send ships of war to foreion ports wliero British stibjects arc estal)lishe(l in commercial jjursuils, whenever k)cal disturbances appear likely to involve sucii British suhjects or their pro- perty in danger. And as (o the supposition that while a furious mob was attacking- the factories and atlenipting to destroy them, tlu> Hritish resi- dents ought to seek a remedy by eml)arking, it is plain that such a course, even if it were physically practicable, would not be unatlcnded with danger to their persons, and would probably involve the certain destruc- tion of their property, and would tluis lead to the renewal of most serious discussions between the Governments of Great Britain and China. r am. is:c. (SioiH(l) PALMERSTON. No. 40. Sir John Davis to Viscount Palmcvston. — {Received April 23.) My Lord, Victoria, Hong Kong, February 12, 1817. AS soon as possible after the receipt of your Lordship's despatch of October 3, directing; me to make the communication to Keying- therein pointed out, I addressed the inclosed to the Chinese Minister, embodying- the substance in nearly the same words. Your Lordship's despatch was received nearly four months after its date (October 3, Janu- ary 23); and time and distance had made it necessary (as it appeared to myself) to exei-cise the sort of discretion which sometimes becomes requi- site under such circumstances, in omitting- the following- passage: '' that as it is essential, with a view to preventing future outrage, that an example should be made of those who were engaged in that [disorder] ■which happened in July, the British Government i-equest that the Canton authorities will make proper inquiries into the transaction, and punish according to law the most guilty of the rioters." More than six months had elapsed since the occurrence, when the numbers killed and wounded by the shots of the foreigners had inflicted a more severe punishment and made a more striking example than anything that could now be done by the Chinese Government, whose attempt to punish any of its people at this time for those occurrences might involve it in very serious consequences, considering- its confessedly weak state. I trust therefore that your Lordship will consider 1 have exercised a proper discretion under the circumstances. I have every reason to hope that my despatch of January 26 will convince your Lordship that there was no undue backwardness on my part to supply the protection of a steamer to our merchants at Canton. I beg, with reference to this subject, to inclose some very strong opinions of Sir II. Pottinger (exactly coinciding with Sir Thomas Cochrane), which were entirely approved by Her Majesty's Government. "With this before me, added to the particular instructions I myself had received, and the decided objections urged by the Consul to the presence of a steamer, 1 could not but consider that I incurred some personal responsibility in sending up the "Nemesis" when I did. I have received the inclosed reply from Keying to my note, conveying your Lordship's communication. It "is worded in some degree as a reply to myself, and I therefore sent the short rejoinder which is herewith forwarded, repeating- that I had made the communicatitMi as directed by Her Majesty's Government, giving the Chinese authorilics credit for the exertions and precautions which they have certainly displayed of late, and expressing my hope that proper restraints on both sides would effectually prevent the chance of future troubles. I have, &CC. (Signed) ' J. F. DAVFS. 106 Inclosure 1 in No. 40. Sir John Dacis to Commissioner Keying. Victoria. Hong Kong, January 30, 1847. I nA\'p] the honour to acquaint your Excellency that by the stcamei- lately arrived i'roni Enj^land, 1 received instructions from Her Majesty s Principal Secretary of State to communicate to your Excellency as under. Her iMajcsty's Government heard with regret that the people of Canton by tlu-ir" lawless violence had compelled the British residents to use (ire-arms in defence of their own properties and lives, causing several Chinese to be killed and wounded. The people should be taught to know- that tlie British residents cannot be thus attacked with impunity. If the Chinese Government is unable to controul its subjects, the British must defend themselves, and the greater the violence of the mob the greater will be the loss of life inflicted on them. The Chinese Government may in future by means of a vigilant police, and by stopping the beginnings of disorder, render it unnecessary for the British resitients to use fire- arms in their own defence. The British Government has ordered a ship of war to be off the factories for the protection of British subjects and their property. If the Chinese authorities can prevent future disorders it will not be necessary for a British force, naval or military, to proceed to acts of hostility against the city of Canton in order to prevent or to punish a violation of treaties. The above is the tenor of the orders I have respectfully received. I beg, &c. (Signed) J. F. DAVIS. Inclosure 2 in No. 40. Extract of a Letter from Sir Henry Pottinger to the Canton Merchants. I HAVE now arrived at the consideration of your present position and future prospects and wishes, as set forth in your letter, and with respect to the advantages if not necessity of actual residence at Canton, as well as the probable consequences that would attend on your being forced to withdraw from that place, I need only remark that I am fully apprized of those facts, and that I should and shall very truly regret the loss and inconvenience to which you would be exposed by the latter step becoming indispensable. I trust however that it will yet be averted, through the measures which 1 have already taken and those which I have in view; but adverting to the closing request of your communication, I must at once, finally, most explicitly and candidly acquaint you that no conceivable circumstances should induce me to place Her Majesty's Government in so false and undignified a posture, as I should consider it to be placed in, were I to send troops and ships of war to Canton in oppo- sition to the requests and wishes of the Local Government, in order that vou might carry on your trade under the protection of such troops and ships of war. Such an arrangement, irrespectively of the conclusive objection to it which I adduce above, would inevitably lead to further ill-will, heart-burning and violence, and its only result must be disap- pointment, and in all likelihood a renewal of hostilities between the Governments of England and China, a calamity which I feel certain you will one and all cordially unite with me in earnestly deprecating. In conclusion, I have in this letter entered at moi-e length into an exposition of my sentiments than may have seemed to you to be called for by the one which you addressed to me; but even before the Canton riots took place I had imbibed many of the impressions which I now communi- cate to you ; and as a copy of this letter will be transmitted to Her Majesty's Government, in explanation of the course which I have decided upon following, I am desirous that the grounds of that decision should be 107 clearly known to all of you. 1 luul hoped borore tins tinu' to have had it in my power to intimate to you tlie purport of the rcj^ly as to late events, which I am e\-i)ecting- from the Viceroy at Canton ; but owing- to circum- stances beyond my control, I am disappointed. You sliall be made acquainted with it shortly, and in (he meantinic as it seems to bo (|uitc certain that the presence of the small steamer at Canton is merely a source of irritation, whilst in truth if there be any dano-er, she can in no shape ward it off, I have given my ready assent to Rear-Admiral Sir Thomas Cochrane's suggestion that she sliould be reeailed. Inclosure 3 in No. 40. Commissioner Keying to Sir John Davis. (Translation.) KEYING, High Imperial Commissioner, &,c., sends the following reply to a communication of you, the honourable Envoy, dated 12th month, 14th day (30th January), respecting the violence of tlie Canton populace, which caused the British merchants to wound and kill several Chinese. Having carefully perused your letter, I observe that Compton gave rise to the riot at the factories that took ])lace in the 5th intercalary month of the present year (July 1846), in which six Chinese were woundcil and three killed, and of which you, the honourable Envoy, communicated the particulars to your Government. The laws of your honourable country respecting homicide do not differ much from the Chinese. It is thei'cfore to rae quite inexplicable that you in your note speak again about the outrageous conduct of the Canton populace and the self-defence of British merchants. You also say that if the Chinese Government is unable to control its own people, the English must defend themselves, and the greater the fury of the mob, the greater will be the loss of life. If the Chinese are the real authors of the disturbance, it is our duty to restrain them. The recent outbreak however was occasioned by an Englishman, and the fault is not to be ascribed to the inability of the Chinese authorities in not controlling their people. I, the Great Minister, in conjunction with the Lieutenant-Governor, have now given directions to establish military stations all along the foreign factories, and appointed civilians as well as military officers to patrol there and coerce the Chinese. It can therefore not be said that we are not strict. I hope, moreover, that you, the honourable Envoy, will restrain the English, and not again allow them to create a riot. Thus perhaps foreigners and natives may for ever live in peace together. As for the inhabitants of Canton, they are myriads in number, and all classes are fond of brawls and make light of their lives. The expres- sion therefore that " the loss of life will be the greater," is not calculated to strike terror in them, but rather to rouse their resentment. Regarding the ordering of a man-of-war to anchor opposite to the factories for tl\e protection of the English merchants, I beg to remark that by acting in everything with reason and justice, the minds of men will be rendered submissive, and tranquillity will reign without the presence of a man-of-war, yet if these principles are violated, the people's mind will not yield, and the anchorage of a man-of-war will be without advantage. As you the honourable Envoy are endowed with an understanding of the highest order, I believe you will take the same view of this matter. Whilst sending this answer I wish you a daily-increasing hapj)iness, and address the same To his Excellency Her Britannic Majesty's Plenipotentiary, Sir^J. \ . Davis, Bart., &c. Taoukwang, 26th year, 12th month, 23rd day. (February 8, 1847.) Received 11th instant. P 2 108 Inclosure 4 in No. 40. Sir John Daris to Commissioner Keying. Victoria, Hong Kong, February 13, 1847. I HAVE had the honour to receive your Excellency's reply to my note of the 30tii January, in which 1 conveyed a, communication from Her Majesty's Government, according to the instructions I had received as in duty bound. It will now be my duty to transmit your Excellency's reply to Her Majesty's Government. I shall state the truth in announcing that the precautions taken by the Chinese Government have been lately much greater than before the disturbances of July last, and I therefore hope tliat trouI)lcs cannot again occur. British subjects have been very strictly warned against originating disturbances on their own part, and thus we may hope that tranquillity will be preserved on both sides. This will be most just and expedient, and for the general good. I beg to renew, &,c. (Signed) J. F. DAVIS. No. 41. Sir John Davis to Viscount Palmerston. — {Received April 23.) j\Iy Lord, Victoria, Hong Kong, February 15, 1847. I DEEMED it right on the approach of the Chinese new year, when Canton is crowded with idle persons, to address the inclosed official despatch on the 2nd instant to Captain Talbot, not that I have any expec- tation of the occurrence of acts of violence and disorder, if our own people will only behave with common abstinence. The following extract of a letter from Major-General D'Aguilar, now at Canton, will tend to corroborate all that Rear- Admiral Sir Thomas Cochrane, my.self, and the Consul, have had occasion to repeat upon this subject, and we have none of us any motives for seeking popularity by appealing to passion rather than reason. " 1 have been a good deal on the river, and constantly in the streets about the factories, and extended some of my walks close to the city- gates, but have never met w^ith anything but courtesy and civility. I believe a great deal — I may say everything — depends upon ourselves, and that a kind manner, and a bearing free from offence is the best security against all approach to violence and insult." I have, &.C. (Signed) J. F. DAVIS. Inclosure 1 in No. 41. Sir John Davis to Captain Talbot. Sir, Victoria, Hong Kong, February 2, 1847. ALTHOUGH the Consul has long reported everything quiet and peaceable, yet during the crowded and idle period of the new year at Canton it appears to me very desirable and at the same time in accord- ance wMth the instructions of Her Majesty's Government, that the ''Pluto" steamer should lie near the factories with such a crew and armament as may seem to you calculated to insure lier own safety in case of an out- break, and that of Her Majesty's subjects. It would likewise be prudent to let the " Vulture " or some other additional ship of war proceed to Whampoa during the same period. I have, &c. (Signed) J. F. DAVIS. 109 No. 42. Viscount Pahncrslon to Sir John Davis. gjj. Foreign O/Jice, April 11, 1817, ' SINCE the date of my despatch of the 25th of IMarch 1 have lec-civcd from the Board of Admiralty a copy of a despatch from Rcar-Admiral Sir Thomas Cochrane dated the 21st of January, on the (picstion ot stationino- a sliip of war off the factories at Canton. I inch)se lor your information a copy of this despatch, and also a copy of the letter Irom this ofhce therein referred to. , • , , , You will perceive by the inclosed copy oi a lelter wliuli 1 have directed to be addressed to the Board of Admiralty, that under existino- circumstances the naval oflicer commanding- Her .Majesty's sups .n the China Seas will be authorized to use his discretion as to withdrawmg the British steam-vessel from opposite the factory garden. I am, Sec. fSi"-ned) PALMKRSTON. Inclosure 1 in No. 42. Rear-Adniiral Sir Thomas Cochrane to the Secretary to the Admiraltxj. gjj. "Agincourt;' at Penang, January 21, 1847. 1 HAVE the honour to acknowledge the rccci[)t of your letter of the 5th October last, relative to the absence of a ship of war from Canton, on the occurrence of a tumult in that city on a late occasion and mclosnig a communication from the Under Secretary of State ior Foreign Affairs on the same subiect, under date the 3rd October. As the Under Secretary of State does not allude to any communication from China, on which his remarks are founded, it is impossible for me to do more than surmise the particular point to which his representation is directed ; but I have no hesitation in saying that if any person has attempted to convey the impression to the Secretary of lM)re.gn Alla.rs that the service at Canton connected with tlie lullilmcnt ol Article A ot the Supplementary Treaty has not been fully carried out on the part of the navy, that person has been guilty of a great ca umny on the conduct and character of that vigilant onicer, Captain lalbot, whom I had left in command in China on my departure for India, and who was at Hong Kong when the disturbance took place to wlucli the letter before me refers. _ ip .i n- r It would indeed be a great reflection on myself or tho.sc olhceis 1 have in command, if after the long correspondence that has taken place between the Admiralty and Foreign Office relative to the Ireaty in ques- tion, we did not use our best endeavours with tlie means at our command, both in letter and spirit to give effect to the wishes of Her Majesty s Government ; and I hope to be able to show that at any rate in the question now at issue we have completely done so. ^ i ,u • ,, i\.^ t.. I will now beg my Lords to be pleased to afford their attention to the last letter of my Lord Aberdeen upon the subject, dated the 1st ot October 1814, and transmitted in Sir J. 15arrow s letter to me of the 30th of November, 1844, wherein his Lordship clearly and distinctly points out wdiat he considers the term " stationed at a port of trade to "Y^^;;; ' .^"^^ how far he deems it admissible that the ship ol war so placed ma> be occasionably absent therefrom. . „....„,i Applying this rule to Canton, it has been more than rigidly obsei yed, for while it tlie other ports of trade, when the shi). of war is absent, either on the gound of health or discipline, there is no other naval authonl> to fall back upon, Canton has invariably had in its vicinity at Hong Ivong, a frigate, two steam-ships, and a sloop of war, a requisition f^^- v.'^xosc serviSes could, by a boat, reach Hong Kong in a few hours; and either a no sloop of war, or steam-ship, or a frigate, has been actually at anchor at AVhampoa for a longer period than my Lord Aberdeen's despatcii contem- plated, and invariably when Her Majesty's Plenipotentiary deemed her presence desirable. It is now necessary I should request their Lordships' particular attention to the wording of Article X of the Supplementary Treaty, and the real objects tlicrein contem[)lated by the presence of a ship of war, namely, to enforce good ortler and discipline among tlie crews of merchant shipping, and sup])ort the autiiority of the British Consul ; and to observe that the whole merchant trade of Canton, without one single exception, is assembled at Whampoa, the port of trade of Canton. With the foregoing explanation I can assure their Lordships I should have been entirely at a loss to comprehend the last paragraph of the L'^nder Secretary's letter, in which allusion is made to the protection of British subjects, had I not heard the subject canvassed at Hong Kong, and had reason to believe that the complaints that have reached Viscount Palmerston have no reference to the vessel stationed, and which invari- ably from the first moment of giving effect to the Treaty (and befoi-e my attainment of the command) has been stationed at Whampoa ; but to a new pretension, that of having a ship of war stationed off the factories, not for the purpose of carrying out the Treaty, but with the object either of coercing the Chinese people or atibrding a shelter to British subjects when they get into conflict with them. Their Lordships will I feel persuaded at once discover that this is altogether a new proposition, and founded on a diffei-ent principle to that ■which first led to the establishment of ships of war at ports of trade ; and while I should as readily and implicitly carry out the views of Her Majesty's Government upon this as upon any other measure, I assuredly should not feel authorized to enter upon the new service without their Lordships' previous commands. Should I have discovered the true cause of the complaints which appear to have been addressed to the Foreign Office, 1 consider it to be imperatively my duty to state to their Lordships the grave objections which arise to the proposed establishment of a ship of war abreast of the city of Canton ; and I shall perhaps more succinctly and satisfactorily convey these objections to their Lordships by transmitting (as I now have the honour to do) copies of two* letters I had occasion to address to Her Majesty's Plenipotentiary upon this very subject — one in reply to a com- munication from him — than by entering into a further long detail. I have little to add to the statements and opinions those letters con- tain ; unless to observe that nothing but one of the small steamers which draw five or six feet water can approach Canton by the usual channel, and then but at high water ; and that the pass by Blenheim Reach — the only one available to ships of war — continues so much obstructed by the barrier thrown up by the Chinese during hostilities, that a sloop of war would find considerable difficulty (and then only at high water) in reaching the city. Having had the honour to bring to their Lordships' notice the material points connected with the foregoing subject, I have only to request you will most respectfully assure their Lordships that had 1 remained in com- mand, I should most readily and implicitly have obeyed any orders and instructions Her Majesty's Government might have thought proper to have enjoined upon nie, however much at variance with my own impressions; and I feel fully persuaded my successor, who shall be furnished with a copy of this correspondence, will no less zealously devote his best energies to the fulfdment of their Lordships' commands. I have, &c. (Signed) THOS. COCHRANE. Inclosure 4 in No. 24, and Inclosure 3 in No. 30. Ill Inclosuro 2 in No. 12. Mr. Addington to the Secretary to the Jdmirulli/. [See No. 1, paftc H.] Inclosure 3 in No. 42. Mr. Addington to the Secrelari/ to the Admircdtij. gjj.^ Foreign Oj/ice, April 12, 1817. I HAVE laid before Viscount Palmerston your letter of the 25tli ultimo, inclosing- a copy of a despatch from Rear-Admiral Sir Tliomas Cochrane relative to the question whether a siiip of war sliould be stationed off the factories at Canton ; and I am to request tliat you will state to the Lords Commissioners of the Admiralty that as there seems reason to hope that there will be no recurrence of riot at Canton, or oi attack by the mob on the factories, Lord Palmerston is willing that the naval officer in command should be authorized to use his discretion as to withdrawing the British steam-vessel from opposite the factory garden. I have, &.C. (Signed) II. U. ADDINGTON. 113 Correspoiulence with Mr. Compton. Xo. 1. 3//-. Compton to Viscoiutt Palmcrstnn. — (Received November 20.) My Lord, Canton, October 28, ISIG. YOU will probably be informed, that a fine of $200 has been levied upon me by Her A[ajesty',s Consul at this place, foi kicking- over a fruiterer's stall under extreme provocation. The copy of a letter with reference thereto fiom Sir John Davis, has just been sent to me, by which I am surprised and ijrieved to find his Excellency accuses me of having- '• excited the friglitful tumult and bloodshed, in which three Chinese were killed, and by which tlie ])eaceful rela- tions between the two countries are still endang-ered," an accusation which 1 can hartUy suppose his Excellency Mould have brought against me, had he been thoroughly acquainted Mith all the circumstances of the case, and an oppor- tunity been afforded me of producing- evidence to disprove the premises he has assumed. As the mail leaves this evening, I can only luimljly ie(|uest your Lordship will suspend your opinion of the case, until I can furwanl a complete state- ment of the fiicts, Mhich 1 shall have tlie lioiiour of doing \>y tlie following mail, I have, &c., (Signed) C. S. COMPTOX. Xo. 2. Mr. Compton to Viscount Palmeraton. My Lord, Victoria, Iloncj-Koncj, November 28, IS-IG. I ILVD the honour to address you on the 28th ultimo, of which Ihe enclosed is a duplicate, and I now consider it to be my duty to lay before your Lordship, in as concise a manner as possible, a narrative of the proceedings connected with my case, which I do by begging your reference to the accompanying papers, viz.: — The correspondence between Her Majesty's Consul at Canton and myself, in reference to the fine imposed on me, together with ni}' reply to the commu- nication from his Excellency Sir John Davis, IJart., of 22nd Octoljer, published officially, and referred to in my letter to your Lordship of the 28th ultimo. The resolutions passed at a general meeting of British subjects, held to take into consideration the proper mode of laying tiie case before Her Majesty's Government, under the impression, formed upon his Excellency's letter of 18th October to Her Majesty's Consul, that no appeal could be made liere, and the draft of the petition then approved of and adopted, but it being sul)sc- quently deemed advisable to submit the case to the Supreme Court at Hong- Kong, that appeal was made, and his honour the Judge has declared the sentence to be unjust, excessive, and illegal, and has i-eversed it accordingly. Q lU Tliis decision makes an appeal to your Lordship now appear to be supere- rogatory; liut my wounded feelings compel me to utter my complaints against the unjust and calumnious persecution to which I have been subjected, and the duty i owe to the public demands an exposure of the arbitrary and illegal measures which have been adopted, though unsuccessfully, against the rights and liberties of Her Majesty's subjects in my person. As it is the intention of the British community to address Her Majesty's Government by the next mail, on this and other matters connected Avith British interests, I will not intrude longer on your Lordship's attention, but to crave indulgence for any irregularity there may be in the form of my address. I have, &c., (Signed) CHAS. S. COMPTON. Inclosure 1 in No. 2. Consul Macyregor to Mr. Compton. Sir, Ca7^ton, July 25, 184G. IN a representation addressed to me by the Imperial High Commissioner Keying, and Governor Hwang, you are charged with having, " on the 4th instant, at the door of the guard at Old China Street, Icicked to pieces the stall furniture of a fruiterer at that place, and with having beaten with a cane the military officer there, on his going out to admonish and stop you," on which occasion, they add, a riot had almost taken place. Further, that on the Sth instant, when a foreigner was wrangling with another fruiterer at the entrance to Old China Street, you came with a cane and dealt random blows with it on the fruiterer. That in the course of the quarrel you suddenly laid hold of a man, and took him into the Chungho Hong, where you tied and beat him, thus causing the assembled Chinese to make a disturbance at the back of the said Hong. It Ijeing incumbent on me to investigate these charges, which the Chinese authorities declare to have occasioned the riot on the night of the Sth instant, in which the lives of Chinese subjects were sacrificed, I have to request you will attend at this Consulate, on Monday next, the 27th instant, at 11 a.m., with what- ever witnesses you can produce to depose as to the truth of the above allegations. I have, &c., (Signed) FRANCIS C. MACGREGOR. Inclosure 2 in No. 2. Consul Mac.gr egor to Mr. Compton. Sir, Canton, September 24, 1846. THE examinations respecting the late riots having noM' been closed, and it appearing from the evidence adduced, that on the 4th July last, you kicked over the stall of a fruiterer which was in your way at the bottom of Old China Street, by which indiscretion the indignation of the populace was roused, which gave rise to the subsequent popular disturbances, and to the disasters which followed; and it being of the highest importance for the maintenance of public order, as well as for the continuance of good understanding with the Chinese Government and people, that justice should take its course, it is my painful duty to announce to you, that in conformity with section 6 of the Ordinance 6 and 7 Victoria Reg., No. 2 of 1844, I have sentenced and I do hereby sentence you, for such offence, to pay a fine to Her ]\Iajesty the Queen of two hundred Spanish dollars, which sum I shaU recover from you as soon as I shall have received the approval of his Excellency Her Majesty's Plenipotentiary and Superintendent of Trade at Hong-Kong, of which you will be apprised in due time. I have, &c., (Signed) FRANCIS C. MACGREGOR. 115 IncloHurc 3 in No. 2. Mr. Complon to Consul Maajrcgor. Sir, Canton, September 29, 1S46. I HAVE to acknowledge receipt of your letter of tlic 241h instant, announcing that you have sentenced nic to pay a fine of §200 to Her Majesty the Queen, in reply to which 1 respeclfully request you will specily the olience for which 1 have been committed by the evidence you have taken. I have, &c., (Signed) CHATILES B. COMPTON. Inelosurc 4 in Islo. 2. Consul Macgregor to Mr. Complon. Sir, Canton, September 30, 184G. IN reply to your letter of the 29th instant, I do not find that I have an}i:hing to add to the contents of my communication of the 24th, but 1 tliink it right to state for your information, that it appears from section 5 of the Ordinance therein referred to, that my decision is subject to the revision of the Supreme Court of Judicature in Hong-Kong, who have the power of altering or reversing my sentence, or increasing or diminishing the amount of ])unishment or damages awarded thereby, as shall seem just and expedient upon tlie strength of the evidence, which in your case will be transmitted to the said Court without delay. I have, &c., (Signed) F1LVN"CIS C. ]\IACGREGOR. Inclosure 5 in Xo. 2. Mr. Compton to Consul Macgregor. Sir, Canton, October 1, 184G. I HAVE to acknowledge the receipt of your letter of yesterday, in reply to mine of the 29th ult., wherein you say you do not find that you have anything to add to your communication of the 24th, from which I observe that T am not only convicted of " having on the 4th July last, kicked over the stall of a fruiterer which was in my way at the bottom of Old China Street, but also of having given rise to the subsequent popular disturbances and to the disasters which followed." May I therefore request you will have the goodness to furnish me with a copy of the evidence establishing that foct. I have, Sec. (Signed) CHARLES S. COMRTON". Inclosure G in No. 2. Consul Macgregor to Mr. Compton. Sir, Canton, October 0, 1S4G. I HA'\Til the honour to inform you that his Excellency Her ]\Iajes(y's Plenipotentiary in China, has confirmed the fine of 200 Spanish dollars, payable to Her Majesty the Queen, which I imposed upon you by sentence dated the 24th September last. It having been found, on strict inquiry into the extent of the powers vested in nie by section 4 of the Ordinance G and 7 Victoria Rogina, No. 2 of 1844, that the said sentence, which 1 passed upon you for certain acts connnittcd by you, injurious to our relations with the Government and people of China, is not subject to be referred to the Su])remc Court for revision, notwithstanding what I mentioned to you to the contrary in my letter of the 30th ultimo, and it being Q2 IIG necessary ami expedient that sncli sentence should he carried into cflect forth- with, I have to acquaint you that I have autliorizetl Mr. Horace Oakley, second assistant to this establishment, to recover from you the amount of the above- mentioned tine, and after havini,^ received iiayment, to grant you receipt for the same in the usual form. In reply to your letter of the 1st inst., I have only to add, that the documentary evidence therein referred to, will be made out and forwarded to you, in so far as I am able to furnish it. I have. Sic, (Sio-ncd) FKAXCIS C. MACGREGOR. Inclosure 7 in No. 2. Mr. Compton to Consul Muc(jre(jor. Sir, Canton, October 7, 184G. I BEG to acknowledge the receipt of your letter of yesterday, informing me that His Excellency Her Majesty's Plenipotentiary in China has confirmed the fine of 200 Spanish dollars, payable to Her Majesty the Queen, imposed on me by your sentence dated the 24th of September, and that you have authorized Mr. Horace Oakley to carry the same into effect forthwith. As I cannot submit to the indignity which the Ordinance empowers jou to subject me to, in the event of my refusing to pay this fine, I shall pay it on obtaining from you an acknowledgment that it is received under protest, and I respectfully beg you will take notice that I shall appeal against a sentence, which I must, for various reasons, consider illegal, more particularly as it has been passed on evidence that 1 have not heard, or had the opportunity of dis- puting. I have, &c., (Signed) CHAS. S. COMPTON. Inclosure S in No. 2. Mr. Compton to Consul Macgrrcjor. Sir, Canton, October 7, 184G. I HAVE paid $200 Spanish, to the person whom you sent to receive the fine levied on me, as per your letter of 24tli ultimo ; but I beg to intimate that I do so under a protest against your sentence, and that I reserve to myself the right of taking such steps as may hereafter appear to be desirable. I have, &c., (Signed) CHAS. S. COMPTON. Inclosure 9 in No. 2. Consul Mucgregor to Mr. Compton. Sir, British Consulate, Canton, October 8, 184G. I HAVE to acknowledge receipt of your letter of yesterday's date, stating, that you paid the fine of $200 levied on you, under protest against the sentence, and reserve to yourself the right of taking such steps as may hereafter be deemed advisable. I have forwarded a copy of the above to His Excellency Her Majesty's Superintendent of Trade, for his information. I have, &c., (Signed) FRANCIS C. MACGREGOR. 117 Inclosuro 10 in Xo. 2. Hccciiit. I, THE Uiulormontionctl, do herol)y ai-knowlodiio to have iTcciv.'d t'n.ni Mr. Charlo-; Spencer Compton the sum of 200 Spanish (h)llar^. in -nod iuid lawful nioiu'v. I)emg the amount of a iinc imposed upon him hv Hit M;ij<>(v's Consul at this port, by sentence dated the 24th Septend)i,T of llu' piisriit year. [n witness whereof, I have i^ranted rei-eipts in duplicate under my hand, at Canton, this seventh day of October, one thousand oinht hundred and fortv-six. $200 Spanish. (Siii-ned) HOiJACK OAKIJCV. Junior .-t.'^sisldiit tit the Ciinton L'onsulnte. Approved, (Sinned) V. ('. MArORECOR. Her Mdjeaty's Consul (it Canlou. Inclosure 11 in Xo. 2. ^^|■. Compton to Consul Macgrccjor. Sir, Canton, October 14, 1S4G. IN" a letter I had the honour to address to you on the 1st instant, I requested you would have the goodness to furnish me with a copy of the evidence upon which you had found me guilty of the offence for which you passed sentence on me on the 24th ultimo ; and in your reply to that letter, dated (jth instant, you said you would do so. As seven days have elapsed since your sentence was put into execution, and I have not yet heard or seen the evidence on which I am condemned, I beg to be informed whether, in accordance with Sec. 5, Ordinance 6 and 7 Vict., No. 2 of 18 14, you have transmitted to the Supreme Court at Hong-Kong that evidence, together with your reasons for the sentence you have passed on me. T have, &c., (Signed) CHAS. S. CO.MPTON. Inclosure 12 in No. 2. Consul Mac(jre(jor to Mr. Compton. Sir, Canton, October 15, 184f). I REGRET that an unusual accumulation of ])ul)lic business has been the cause of retarding the transmission of the papers adverted to in your letter of the 14th instant. On inclosing them to you now, it seems necessary to explain that these arc the only documents relating to your case which I am enabled to send, all others being mixed up with the olTicial correspondence, of which I am not at liberty to dispose, without previous permission from Her Majesty's Pleni- potentiary and Superintentlent of Trade in China, to whom L shall also look for instructions as to the necessity of reporting the fine recently levied upon you, under his authority and sanction, to the Supreme Court of Judicature at Hong- Kong. I have, &c., (Signed) l^ANCIS C. MACGREGOR. Inclosure \'i in Xo. 2. Deposition of Charles Spencer Campion, Esq., before Her Majesty's Consul at Canton, relative to the Riot of the 8th July, lS4(j, CHARLES SPEXCER COMPTOX, a native of London, and a merchant, residing at intervals in Canton for twenty-four years, having been cited to depose as to certain charges preferred against him by the Chinese authorities, 118 handed in a written declaration, addressed to Her IMajesty's Consul, of the cir- cumstanees as they oeenrrcd on the evenings of the 4tli and 8th instant, of which the following is a transcript. In reply to the charges preferred against me in your letter of the 25tli instant, I beg to say : — On or about the 4th instant, wlien passing through the street referred to, it was as usual crowded with stalls and every nuisance, which has l)een complained of officially and privately for so long a time by the foreign residents, being in direct infraction of the regulations made by the Chinese authorities for the prevention of the disturbances, and published on the 12th July, 1844. I desired one man to move out of the way ; he did not do so, and I kicked his stall down ; a piece of granite then struck me on the head, I picked it up, and went to the guard-house, where several of their people were sitting at the door observing what was going on, but not stirring to interfere. I showed one (who was possibly the military officer) the stone, and by signs told him to remove the stalls and people who were obstructing the path ; he merely laughed, and I took him by the arm and led him down amidst the crowd, again repeating by signs that they should be dispersed ; he said something to them, unintel- ligible to me, and I then went into the guard-house and desired the name of the officer mIiosc duty it was, according to the regulations referred to above, to keep that thoroughfare clear, that I might make a complaint against him ; at that moment you passed. Sir, and I related the circumstances to you. I deny having beaten the military officer, or that any one came out to speak to me, until I went to the guard-house as above stated. On the evening of the 8th instant, when passing through the same street, which was more than usually obstructed, I did not observe any foreigners WTangling with a Chinese, nor did I strike any one until I was first struck by a man whom I had pushed aside that I might pass ; he then picked up a large stone and threw it at my head, which I avoided ; I seized him and took him into the Chung-wo-Hong, where I tied him up, and then immediately went into an office close by and addressed a letter to you, stating the facts ; on my return to the place where I had left him, he had escaped ; I deny having struck him after he was in the Hong. That these circumstances led to the riot is very probable, but the conse- quences of it are chargeable to the apathy of the Chinese authorities, who do not enforce their police regulations to prevent disturbances, and to their tardi- ness in not coming to the spot to suppress a tumult, until foreigners are com- pelled to resort to extreme measures in defence of their lives and property. Being asked if he is aware of the crowd outside Mingqua's Hong having been cognizant of the escape of the man, whom he had attempted to secure for the pui-pose of handing over to the authorities, he replied, " that they could not but have been perfectly cognizant of it, inasmuch as the man escaped by the same gate at which he was carried in, and was observed for some minutes after among the crowd gesticulating to them." Deponent desires to state, further, that Mr. Dudgeon, who witnessed the whole affair from the windows of the billiard-room at which he w^as standing, and who could consequently depose more fully respecting the origin of the affray than the witnesses who now accompany him, being absent at Hong-Kong, he wishes his declaration to be taken on his return. (Signed) CHAS. S. COMPTON. Deposed before me at the British Consulate, this 27th day of July, 1846. (Signed) R. B. Jackson, Her Majesty's Vice-Consul. Inclosure 14 in No. 2. Deposition of Richard James Gilman. EICHAED JAMES GILMAI^T, a native of London, a merchant, and resident in Canton upwards of ten years, declares, on the evening of the 8th instant, being in the billiard-room in Mingqua's Hong, the windows of which overlook the space at the top of Old China Street, he heard a disturbance there, and on looking out perceived Mr. Compton among a crowd of Chinamen, one of ■whom, at a distance of a few yards, was in the act of hurling a large stone at him, whereupon he and Mr, Ellice ran down to Mr. Compton's assistance, and 119 helped to convey the man (who in the inoaiitiMio had hcon .secured by Mr. Compton) into ]\Iui,<>(iiia's llona;, wliere thoy lied and endeavoured to keep liini until he coukl be handed over to the proper authorities. 'I'hal ho thai eanic immediately to the Consulate, and reported the alliiir to Her jSIajesty's Consul in person, and returning then to JMinf>(|ua'.s Uon^-, found the man had escaped, and that the dirturbanee had eonsiderai)ly increased. Deponent further sUites that he did not see, nor does he believe that any other foreigner was on the ground mentioned when ilr. Compton appeared there. (Signed) R. J. GILM.VN. Deposed before mc at the British Consulate, this 27th day of July, 1S4G. (Signed) li. I{. Jackson, Her Majcsti/n Vicc-Consul. Inelosure 1.5 in Xo. 'J. Dcpotiition of Robert Ellice. ROBERT ELLICE, a native of London, at present a resident in Canton, and belonging to the mercantile establishment of Ripley, Smith, and Co., con- firms the above declaration of Mr. Oilman in all particulars, he being likewise present on the evening of the Sth instant, as stated, in the billiard-room at Mingqua's Hong, and going with IMr. Gilnian to Mr. Compton's assistance, helping likewise to tie and secure the man in the Hong, for the pui-jjose, as already stated, of handing him over to the authorities. That ]\fr. Compton and Mr. Oilman having separated from him, he, Deponent, was left in charge of the detained individual, who escaping to the outside of the Hong, but within the street gates, there called out to the mob. Deponent there again secured him, but the mob made efforts to liberate him, and had succeeded in forcing open the gates, when he was obliged to let him go. Deponent then saw him among the crowd gesticulating in a violent manner, and from that time the disturbance became greater, and the rioters proceeded, after deliberation, to force out the windows from the wing of the building occupied by Messrs. Lands, Turner, Church, and Co. He likewise declares that he did not see any foreigner on the ground than Mr. Compton, at the time he went to his assistance, and having just befoi-e been at the window of billiard-room, he thinks he must have noticed had there been any dispute or wrangling, as stated, at a fruiterer's stall. (Signed) ROBERT ELLICE. Deposed before me at the British Consulate, this 27th day of July, 1840. (Signed) R. B. Jackson, Her Majesty's Vice-Consul. Inelosure 10 in No. 2. Deposition of Put rick Diuhjcon. PATRICK DUDGEOX, a native of Scotland, a partner in the nurca utile firm of Turner and Co., and many years resident in this place, dciio.^eth and saith, with reference to the disturbance that took place on the evening of the 8th instant, that he happened to be looking out of a window of the billiard- room in Mingqua's Hong, when Mr. Compton was on his way there. That both sides of the space underneath, namely, at the top of Old China Street, being impeded by crowds of idlers, he saw Mr. Compton pu.-h aside a man with his left hand in what he considered to be a quiet and inoll'ensive manner, in order that he might pass, Avhereupon the man hnmediately doubled his fist and struck Mr. Compton a violent blow on the back, which the latter instantly* returned. The man then retreated a few paces, and together with others picked up stones, with which they assailed J\lr. Compton. De])onent then, in order to rescue him from the danger with which he was menaced, descended with others to the street, when they saw Mr. Compton had secured the man who first struck him, and he. Deponent, assisted the others in conveying him into IMingqua's Hong. Deponent further states that he is positive there was no otlier foreigner at the spot where 120 this occurrence took place, than Mr. C'onii)ton. and that there was no disputing or \vraiii;linii^ there, as alK'ned bv the Chinese authorities. (8i-ned) PAT. DUDGEON. Deposed before mc at the liritisli Consulate, this 30th day of July, 184G. (Signed) 11. B. Jackson, Her ^[ajesty'tl V ice-Consul. Inclosure IT in No. 2. ^fr. Compton to Sir John Davit Sir, Canton, October 17, 184G. I HAVE the honour of bringing before your Excellency the following cir- cumstances : — 1 have been fined by Francis C. Macgregor, Esquire, Her Majesty's Consul at this port, by his sentence of 24:th September, stated by him to be under authority of Ordinance No. 2 of 1844, Avhich sentence, he informs me, has been confirmed by your Excellency. IJy letter, dated 15th October, Her Majesty's Consul has stated to me that copies of the evidence on Avhich his judgment was passed, together with his reasons for so adjudicating, had not been forwarded to the Supreme Court of Hong-Kong, as enjoined by the ordinance under which it has been stated that I am sentenced. Further, I find that under Ordinance No. 7 of 1844, dated 20th November, and especially enacted in conformity with an order issued by Her Majesty the Queen in Council, on the 17th April, 1844, which by section 12 of the same supersedes all previous ordinances, in so far as they are inconsistent with it, the said ordinance provides, among other regulations, " that witnesses shall be examined upon oath," in the presence of the accused, who shall have all reasonable facihties for cross-examining the same. That the evidence, reduced to writing, shall be read over to the accused, " together with any other evidence that may have been urged against him during the trial." That the accused be advised of the legal effects of any voluntary confession. These forms of law, essential to justice, have not been complied with ; the sentence is unjust, and has been inflicted and enforced contrary to the law, and only submitted to by me under protest. I have therefore respectfully to request that you will order Her Majesty's Consul to annul this judgment and refund the fine. I have, &c., (Signed) CHAS. S. COINIPTON. Inclosure 18 in No. 2. Consul Macgregor to Mr. Compton. Sir, British Consulate, Canton, October 20, 184G. I HAVE received a despatch from his Excellency Her Majesty's Plenipo- tentiary, to the following effect : — '■' I observe, from your communication to Mr. C. S. Compton relative to his line for originating the serious riot of the 8th July (which you transmitted to me only on the IGth October), that you quote Ordinance No. 2 of 1844, for Pier Majesty's subjects within the dominions of the Emperor of China, whereas the enaciment under which I directed you to fine Mr. Compton, is Ordinance No. 5 of 1844, entitled 'An Ordinance to carry into effect the Treaties between Great Britain and China,' &c., which I now communicate for your information and guidance." I have, &c., (Signed) FRANCIS C. JMACGREGOE. 121 Inclosure 10 in No. 2. Mr. Compton to Consul Murgrrrjor. Sir, Canton, October 20, 1840. t HAVE the honour to acknowledge the receipt of your communication of this day, handing me an extract from a despatdi yon have received from his Excellency Her jNInjestv's Plenipotentiary, from which 1 ])resume the si-nleiice passed on me in vour letter of the I'llli September, 1SK», uncK r Ordinance Ko. 2 of 18-14, and contlrmed ly his lOxcellency, per vour letter of (Uli October, is annulled. I shall therefore send one of my assistants to-morrow morning to your otHce, to receive l)ack the sum of $200 (two hundred dollars), levied on me bv von in error; and he will return the receipt granted by vou for the same. lluive, &c., (Signed) CTIAS. H. COMPTON. Inclosure 20 in No. 2. Mr. Compton to Consul Macgregor. Sir, Canton, October 21, 184(3. EEFEERlNa you to a letter I had the honour to adilress to you yester- day, I now request you will pay to the bearer the sum of 8200, and he will return you the receipt, in original and duplicate, which you granted to me when I paid that sum to vou on the 7th instant. I have, &c.. (Signed) C'liAllLlilS S. COMPTON. Inclosure 21 in No. 2. Consul Macgregor to Mr. Compton. Sir, British Consulate, Canton, October 2:3, 1810. IN reply to your letters of the 2t>th and 21st instant, and with reference to the enclosed copy of a despatch addressed to me by His Excellency Her Majesty's Plenipotentiary and Superintendent of Trade, under date of the 18th instant, I beg to state that I must decline refunding to you the fine of $200 which I levied upon you some time ago for certain acts committed by you inju- rious to our friendly relations with the Chinese Government and peo])le, in doing which the said despatch is mv suflicient warrant. I have. &c.. (Signed) FRANCIS C. MACGREGOR. Inclosure 22 in No. 2. Sir John Davis to Consul Macgregor. Sir, Victoria, Hong-Kong, October 18, 1S40. I OBSERVE from your communication to Mr. C. S. Compton relative to his fine for originating the serious riot of the 8th .Tuly (which you transmitted to me only on the Kith instant), that you (juote Ordinance No. 2 of 1844 for Her Majesty's subjects witliin tlie dominions of llie JMuiJcror of China ; whereas the enactment under which 1 direct you to fine ,Mr. ('om])lon is Ordinance No. 5 of 1844, entitled - An Ordinance to carry into effect the Treaties between Great Britain and China," &c. You will communicate this to Mr. Compton, and you will, in case you deem it necessary, produce this as your sufficient warrant. I have, &c., (Signed) .r. F. DAVIS. E 122 Inclosurc 23 in No. 2. Sir John Davis to Consul Macrjregor. Sir, Victoria, Honcj-Kong, October 23, 184G. IN reply to a letter foi-\Nardccl by you from Mr. C. S. Conipton, you will have the goodness to inform that gentleman (as you have been already directed) that the ordinance under which I authorized you to fine him, is not Ordinance No. 2, but Ordinance No. 5 of 1844, to carry into effect, upon Chinese territory, the treaties between Great Britain and China, and for the preservation of peace and amity between the two nations. By Article XIII. in the schedule annexed to that ordinance, Mr. Compton was bound to proceed to the Con- sulate, and state any cause of complaint against a Chinese. Instead of doing this, his violence excited the frightful tumult and bloodshed in which three Giinese were killed, and by Avhich the peaceful relations between the two countries are still endangered. Under these extraordinary circumstances, I have considered myself bound to exert those high powers with which it has been deemed necessary to invest me for the government of Her Majesty's subjects within the Chinese dominions, with a view to the most important object of securing international tranquillity; and the British Government and Legislature will be prepared to support me on an occasion of such a peculiar kind. As before directed, you will plead my order as your sufficient warrant for the fine of $200, under Ordinance No. 5 of 1844, " for British Subjects within the Dominions of the Emperor of China," as passed by my predecessor Sir Henry Pottinger. AVh'ile the safety of not only the British, but the whole foreign community, is still endangered as the consequence of his conduct, Mr. Compton cannot reasonably expect that a fine deliberately levied, after the fullest inquiry, on a complaint repeatedly urged against him by the Chinese Government, for a violation of treaties on their own territory, should be remitted. This would be only to aggravate the serious evils for which Mr. Compton must be considered as deeply responsible; and it would at the same time prove me utterly unfit for the discharge of those international functions with which it has pleased Her Majesty to honour me, in the very unusual circumstances under which we exercise a foreign jurisdiction within an independent sovereignty. You wUl observe in my circular to Her Majesty's Consuls of November 22nd, 1844, (since ajiproved by Her Majesty's Government), that " the Emperor of China having, like the Sultans of Turkey, waived, in favour of Christian powers, rights inherent in territorial sovereignty, such Christian powers, in taking advantage of this concession, are bound to provide, as far as possible, against any injurious effects resulting from it to the territorial sovereign." If the recovery of $46,000 private compensation, from the Chinese Govern- ment, at another port, proves that I have protected the rights of British subjects, it is only just that I should be equally firm in enforcing their obligations. On no other terms can we maintain a beneficial intercourse with China, and on no other terms can I undertake to administer my trust. I have, &c., (Signed) J. F. DAVIS. Inclosure 24 in No. 2. Consul Macgregor to Mr. Comptc Sir, British Consulate, Canton, October 27, 1846. I HAVE the honour of enclosing copy of a despatch received from Sir John F. Davis, Bart., in reply to your letter, under date of the 17th instant, to His Excellency. I have, &c., (Signed) FRANCIS C. MACGREGOR. 123 Inclosurc 25 in No. 2. Ml-. Compton to Consul Macr/rccjor. Sir, Canton, October 28, 184G. I HAVE the honour to enclose a letter addressed to tlic lvii;lit llunourablc Lord Palmerston, Her Majesty's Principal Secretary of State for h\iroinii All'air.s, London, which I request you will have tlie <>:oodness to send forwanl tlirou^^h the proper channel, that it may he transmitted to England by the mail which leaves Hong-Kong on the 30th instant. I have, &c., (Signed) CHAS. S. COMPTON. Inclosure 26 in No. 2. Resolutions passed at a General Meeting of British Subjects. 1st. PROPOSED by Mr. Edger,and seconded byMr.H. H. Smith.— That this meeting having had submitted to it the whole of the documents connected with the recent proceedings against Mr. Compton, and having attentively con- sidered the same, is of opinion that Mr. Compton has l^een irregularly and unfairly tried — without sufficient evidence, unjustly sentenced, and illegally punished, under an inapplicable ordinance. 2nd. Proposed by Mv. Church, and seconded by ]Mr. Dunlop. — Tliat the attempt to sustain the illegal conviction under authority of another Ordinance, No. 5, is arbitrary and oppressive, inasmuch as Ordinance No. 5 only gives the Superintendent power to punish offences against the Treaty not punishable by the laws of England ; and the offence charged against Mr. Compton being a simple misdemeanor, punishable by the law of England, does not come within the scope and meaning of that ordinance. 3rd. Proposed by Mr. J. JNIackrill Smith, and seconded by Mr. Worthington. — That it is the opinion of this meeting, that the offence charged against Mr. Compton is not and cannot be held an infraction of the Treaty, nor of Article Xin. of the Regulations of Trade, as declared to be by His Excellency Sir John Davis, inasmuch as the clause cited by his Excellency refers to com- mercial differences or disputes only. The marginal abstract confirms the inter- pretation of the clause ; and the distinction between commercial disputes and pei'sonal wrongs is clearly drawn in the concluding sentences of the article, which declare that criminals shall be punished according to laws hereafter to be enacted. 4th. Proposed by Mr. Ponder, and seconded by Mr. Ryder. — That the laws of England, established under Ordinance No. 1, and the laws as enacted under Ordinance No. 7, are amply sufficient to punish such an offence as that charged against Mr. Compton ; and that as Ordinance No. 7 provides for grave offences a fine equal in amount to that inflicted by his Excellency, there is neither reason, necessity, nor excuse for his Excellency having put aside the law, and set above it his arbitrary will. 5th. Proposed by Mr, Birley, and seconded by Mr. Ripley. — That the in- justice of the proceedings is aggravated, because, by the course pursued, the accused has been deprived of appeal against a fine levied under the Plenipoten- tiary's warrant ; while he would have had an appeal to the Supreme Court of Hong-Kong, had the proper forms of law been observed. 6th. Proposed Ijy Mr. Jardine, and seconded by IMr. Lyall. — Tliat this meet- ing does not desire to deny that a punishable oflence was connnilted by Mr. Compton, on the 4th July, in taking the law into his own hands, although certainly under circumstances of provocation ; but it is the opinion of this meeting that proceedings should have been immediately taken thereupon, in which case the most trifling fine wliich could have been inflicted would liave amply met the ju.stice of the case. And this meeting is further of opinion, that if the oiience committed by Mr. Compton was of the grave character since attri])uted to it. Her Majesty's Consul should have immediately called upon him to answer for conduct of which the Consul's presence on the spot made him fully cognizant. R2 124 7th Proposed by Mr. Scare, and seconded by ^Ir, Ellioe.— Tliat the mcet- inff solemnly protests against all the proceedings of the IJritish authorities in this matter,' holding the persons, fortunes, and character of Her Majesty's sub- jects in China unsafe under the jjremises. 8th. Proposed by ^Nlr. Silvcrlock, seconded by ]Mr. Skmner.— That petitions to Her Majesty in Council, and to the Houses of Parliament, be drawn up, embodying theforegoinii- resolutions. Olh. Proposed by Mr. lilendin, and seconded by Mr. Gilman.— Tliat this meeting offers to l^[r. Compton the expression of their sympathy under the cruel and unfust proceedings of the authorities against him, aggravated as his injuries are bv the jjublieation of Sir John Davis's despatch of the 22nd October, on the eve of the departure of the overland mail, whereby JNIr. Compton Avas deprived of the power of exposing, by the same opportunity, the fallacies and misrepresen- tations in the said document. 10th. Proposed by Mr. Gilman, and seconded by Mr. J. M. Smith. — That the foregoing resolutions, and the correspondence to which they refer, be published in the Hong-Kong newspapers. Present : forty-three persons — representing twenty-eight British firms. (Signed) A. CAMPBELL, Chairman. Inclosure 27 in No, 2. Mr. Compton to Sir John Davis. gjj. Canton, November 5, 1846. I HAVE the honour to acknowledge receipt of a communication made to me by Her Majesty's Consul, under your Excellency's instructions to him, dated the 22nd uhimo, in reply to which I considered the proper course was to address myself to that gentleman, in a letter dated 2nd November, which he has returned to me, intimating that the proper mode of proceeding is to address your Excellency direct, and therefore I now have the honour to do so. I find that your Excellency insists on directing Her Majesty's Consul to retain the fine levied on me confessedly in error, and not according to your Excellency's instructions. It is difficult for me to surmise at what period your Excellency's instructions to fine me, under Ordinance No. 5, for an infraction of the Treaty, reached Her Majesty's Consul, since his sentence under Ordinance No. 2, was passed on the 24th September, and on the 6th of October he informed me he had then received your Excellency's confirmation of that sentence, which, however, your Excellency states was not transmitted by him until the 16th of the same month ; however, after the sentence had been executed, it seems to have been discovered that the Ordinance No. 2 of 1844 did not justify it, certain important forms not having been complied with, and the forms enjoined by No. 7 also not having been observed ; and it being necessary to vindicate the act by some ordinance, your Excellency instructed Her Majesty's Consul to declare the sentence to have been intended to be under Ordinance No. 5. To apply that ordinance to my case, your Excellency accuses me of having infringed Article XIIL of schedule accompanying it, according to which you State it was my duty, having a cause of complaint, to represent the same to Her Majesty's Consul, and assume that I did not pursue that course, by which it appears you are very imperfectly acquainted with the facts of the case, com- municated to Mr. Macgregor in my letter of the 27th July, which has been so improperly used as evidence against me, for to him, A\ho passed by at the time of the occurrence, I did complain of an annoyance which I and my brother- merchants had frequently before brought to his notice. I maintain, however, that the clause of the regulations cited is inapplicable to my case; the words are, " whenever a British subject has reason to complain of Chinese, he must first proceed to the Consulate and state his grievance," the meaning being clearly in commercial disputes or differences only, and that this is the correct interpretation of the words, is established by the marginal abstract : " Disputes to be settled, if possible, amicably by arbitration." The article goes on to point out the manner in which representations to the Chinese Government are to be made by mcrolianis; and finally, tlio distinction hctwccn commcM-cial dis])utc.s and personal wrongs is clearly drawn in the coneludini;- sentence, which declares, "regardinii' the punishment of Knulish criminals, the ]Mi,i;lish (Jovernment will enact the laws necessary to attain that end, and the Consul will be emixtwered to put them in force." Those laws have been enacted, and Ordinance Is' o. 7 of 1S41 is no doubt the law under which 1 ouylit to have been tried, and which rejjeals all former enactments inconsistent with it. Further, the power granteil to your I:]xcellency under the ordinance of Sir Henry Pottinger, No. 5, empowers the Superintend- ent to punish only oflenccs against the Treaty which are not punishable by the law of England : the offence charged against me cannot be so classed. 1 deny respectfully, but strongly, that there was a full and fair int^uiry into my case ; it was either decided without evidence, or upon evidence which Her Majesty's Consul gave me no opportunity of disproving, and of which he has declined to furnish me with a eopy. From the manner in which the trifling offence which abme can be proved against me, has been dragged into connexion with the alarnung riot of the 8th July, it would be supposed, by any one unacquainted ^vith the facts, that these events immediately followed my act, and not that the riot did not take place until four days afterwards, during which time 1 had repeatedly passed the same place unmolested ; yet it is gravely stated that the upsetting of a fruit-stall on the 4th July, was an infraction of the Treaty between Great Britain and China, and in four days' time brought forth riot and bloodshed. 1 now, Sir, take leave of this discussion, solemnly protesting against the infringement of the liberty of the subject in my person. The law gave Her Majesty's Consul full power to treat my case, but left me an appeal against injustice, and the oppor- tunity of clearing my character of the stigma cast upon it by the infliction of the highest pecuniary penalty the law would warrant. Your Excellency has set the law aside, and to justify the illegal sentence passed on me, has aggravated my offence, by imputing to me, without evidence, and on a false assumption, charges of a nature repugnant to my feelings. In thus assailing my private character in a public despatch, published on the day before the departure of the mail for England, I was precluded from publishing my defence by the same opportunity. Your Excellency has thus added injury to injustice, and the con- ventional forms of office for the regulation of correspondence with public officers, alone prevent me from giving utterance to my outraged feelings on the subject. I have, &c., (Signed) CHAS. S. COMPTON. Inclosure 28 in No. 2. Letter to Mr, Compion from the Rcpre,scntativcs of 27 British Firms. Sir, Canton, November 10, 184(5. OBSERVING, from the letter of His Excellency Sir John Davis to Keying, dated the 10th instant, and published by authority in the •' China Mail"' of the 12th idem, that the charge brought against you of having occasioned the riot of the 8th July is still persisted in ; and the manifest injustice of dragging the occurrences of that day into connexion with the trilling offence connnitted by you four days previously, not having been sufficiently dwelt upon in the resolu- tions adopted at the public meeting of the 3rd instant, we deem it necessary to record our opinion on this point with all the solenniity and force of a formal public resolution. "We therefore declare, as our deliberate and firm ojiinion : — 1. That there is no evidence whatever to show that the riot of the sth was in any w^ay occasioned, affected, or influenced by what took place on the 4th July. 2, That the unimpeachable evidence of the gentlemen wlu) witnessed the commencement of the riot, contradicting in every important particular the mis- tatements of the Chinese officers, acquits you of all blame in that matter, and 126 disdiarp,os you entirely of the responsibility which, in justitication of unwarrant- able prooeedings, it is uttcmpted to fasten upon you. \Vc request you to publish this letter. We remain, &c. (^Signed liy sixty persons, representing- 27 British finns.) Inclosure 29 in No. 2. Petition. 'rhe Humble Petition of the undersigned British Subjects resident in China, engaged in mercantile pursuits. Shewcth,— THAT a case seriously affecting the rights and privileges Mhich your Petitioners ought to enjoy, under the la^^s now in force for their government in China, has recently occurred, in which a British subject has been charged with offences, convicted and fined by her Majesty's Consul at Canton, under the directions of His ]ixcellency the Governor of Hong-Kong, w ithout proper form of trial, and on insuliicient evidence, as is clearly set forth in the documents hereunto annexed, Xos. 1 to 28. That your Petitioners have carefully examined the said tlocuments, and have fully inquired into all the circumstances, and the facts they find to be as follow: — Charles Spencer Compton, managing partner of the firm of C. S. Compton and Co., on the 4th of July last, in passing from one factory to another, found the ^^ay much obstructed by hucksters, quacks, barbers, and other persons plying their avocations there, contrary to the Chinese regulations; UTitated at an annoyance which had been frequently complained of, and having in vain desired the keeper of a fruit-stall to move out of the way, ]\Ir. Compton upset the stall, and to Her Majesty's Consul, passing by at the time, reported the matter. No riot took place then, and so little importance did Her ^Majesty's Consul attach to the affair, that no notice whatever was taken of it by him, nor is it believed was any complaint made by the Chinese autho- rities. On the .5th, 6th, and 7th, Mr. Compton repeatedly passed by the same place without molestation, nor was there any reason for thinlung that an unusually hostile feeling existed among the Chinese, nor did your Petitioners, for the most part, ever hear of the occurrence related. On the 8th of July, Mr. Compton was passing the same spot, and in treading his way through the crowd " pushed aside a man with his left hand, in a quiet and inoffensive manner, to enable him to pass, whereupon the man immediately doubled his fist and struck Mr. Compton a violent blow on the back." Mr. Compton closed with his antagonist, stones were thrown, the offender was seized, dragged into the nearest Hong by Mr. Compton and others, who seeing the occm'rence, had gone to his assistance^ He was there secured, while Mr. Compton wrote a report of the circumstance to Her Majesty's Consul, and one of the witnesses reported it in person. That your Petitioners by no means intend to justify the act committed by Mr. Compton on the 4th, and if it had been made a matter of complaint to the Consul, it woidd no doubt have been his duty to inflict a punishment commensurate with the offence; and they decidedly consider that the manner in which the two occurrences are mixed up by Her Majesty's Consul and the Superintendent of Trade through- out these proceedings, apparently with a determination to convert a trifling mis- demeanor into a political crime of magnitude, is most unfair and unjust, and that there is no evidence whatever to show that the riot of the 8th was in any way occasioned, affected, or influenced by what took place on the 4th of July. Your Petitioners submit that Ordinance No. 7 of 1844, which repeals all former enactments inconsistent with its provisions, fuUy empowers the British authori- ties in China to hear and determine aU such offences as Mr. Compton has been chai-ged with, and that he ought to have been tried under that Ordinance, and no other. Instead of adopting the course therein so clearly pointed out, Her Majesty's Consul, under the orders of his Excellency, in the first instance fines Mr. Comp- ton under Ordinance No. 2, without aflfording him an opportunity of confronting a single adverse witness, and even refusing to furnish him with a copy of the evidence upon which he liad been convicted. Some days afterwards the Hong- Kong authorities having discovered apparently that No. 2 had been superseded 127 by a suLsequeut onlinanec, and knowing- that the forms enjoined by No. 7 had not been complied with, directed the Consul to inform Air. Conipton that he must consider himself fined under Ordinance No. 5, Sec. 4, which section your Petitioners regard as eciually inapplicable, since it only empowers Her Majesty's Superintendent of Trade and Consuls to punish otfences -'not punishable by the law of England,'' whereas iMr. (,'ompton has at most been guilty of a mis- demeanor and of no infringement of the treaties between Great Britain and China. Your Petitioners further submit that the 13th Article of the schedule annexed to Ordinance No. 5 of 184-1, referred to in his Excellency's despatch, dated Hong-Kong, 22nd October, has no bearing whatever upon the present case, it having reference only to commercial disputes. In this interi)retati(m they are fully borne out by the whole tenour of the article, by the marginal abstract, which states that '•' such disputes are to be settled amicably, if possible, by arbi- tration," and by the concluding sentence, w^hich says most clearly, that the laws for the punishment of l^^nglish criminals had at that time still to l)e enacted. That your Petitioners view^ these proceedings of the Superintendent of Trade as the more unjust and diingerous, because by the manner of them the accused has been deprived of appeal to the Supreme Court of Hong-Kong, which would have been open to him had the matter been tried in the Consular Court and under the ordinance provided, instead of being disposed of imder the warrant of the Superintendent of Trade. Your Petitioners will refrain from expressing the sense they entertain of the very extraordinary course the British authorities have thought proper to pursue in this instance ; but they feel bound, in duty to themselves and all Her Majesty's subjects in China, thus respectfully to bring the whole case to the knowledge of your Honourable House, confident that redi-ess must speedily follow. Wherefore your Petitioners humbly pray that your Right Honourable House wUl be pleased to take the premises into consideration, and cause such measures to be adopted as will procure a reversal of the sentence, prevent a recurrence of similar illegal, arbitrary and oppressive acts, and secure to all Her ]\Iajesty's subjects within the dominions of the Emperor of China the full enjojanent of all the rights and privileges to which they are entitled by law. And your Petitioners, as in duty bound, will ever pray, &c. Inclosure 30 in No. 2. Decision of the Chief Justice in the Supreme Court. Eegina v. Compton. Tuesday, Noveniher 24, 184'j. THE Chief Justice in giving his decision remarked that the case was at first small, but had become important from wdiat has occurred connected with it. There has been a total disregard not only of the forms of justice, but of justice itself. Had Mr. Macgregor been in any doubt as to the form of pro- ceeding, he ought to have referred to Ordinance No. 7, where it is ditunctly pointed out. By it all proceedings in the Consular Courts shall be in conformity and correspondence with the proceedings which in like cases would be had according to the law and practice of England. The Consul has power to sunnnon and examine witnesses on oath ; their depositions must be written down ; the person accused must hear the evidence, and have an opportunity of exculpating himself. But this ordinance seems to have been totally disregarded, and the whole case appears to have been determined by assertions on the one side and assumptions on the other. I am obliged to go to the sentence to discover what was the charge. (Reads the sentence.') That sentence is unjust, excessive, and illegal. This wUl appear on a review of the proceedings. Though the Ordinance No. 2 provides that in all cases adjudicated on, the evidence recorded shall be forthwith transmitted to the Supreme Court of Judicature at Hong-Kong, this is the first case which has been sent, and it would not have been sent without application. This case therefore becomes of great consecpience, not merely from its own merits, but to define the procedure in Considar Courts, which ought to be regidated by Ordinance No. 7. This in a great measure supersedes No. 2. The judge then read the Plenipotentiary's letter of 18th October, (No. 24.) 128 This shows tliat Mr. C'ompton received. sontcnco umler one ordinance and was lined under another, which is contrary to all the principles of Enj^lish justice. I should not suppose from the title of Ordinance No. o, that this case came under it. But this is set at rest by section 4, which gives power to punish in a summary way any infringement of the treaties not punishable by the law of England ; now Mr. Compton's case was one which the law of England and also the law of this Colony takes cognizance of. No. 5 refers merely to commercial regulations. I have now noticed the law, and shall next advert to the facts. The charge founded on M'hat took place on the 4th is really abandoned by the Chinese. In the correspondence there is a want of candour on the part of the Consul. He refers the case to the Plenipotentiary. The latter says he imposed the fine himself", no confirmation was therefore necessary. By this sentence Mr. Compton is fined for one crime in particular, and for others in general. The Judge then read and remarked on the communication from Keying to the Consul. He charges Mr. Compton with making a riot; but any riot that occurred must have been on the side of the Chinese, as three persons are required to constitute a riot. Keying charges the English with following the Chinese and shooting them, not in front of factories, which shows they were not acting in self-defence ; now there is a wide distinction to be made between a person acting in defence of his person, in which case he ought to withdraw, and one defending his property. Mho has a right to pursue the assailants until they are driven a^ay. Throughout the ti'ansaction nothing appears more natural or more proper than the course followed by the English. Keying says the relatives of the deceased flock to the district magistrates, asking life for life, and the local authorities have nothing to say in answer to them. A very ready answer might be made to them ; that their relations brought death on them- selves by their violence. He says that the English having followed those who retreated, and attacked them with fire-arms, there must doubtless be in such conduct the intention to kill ; and when you say " the guns were fired at random in the dark streets, you do not avoid chicaneiy in explaining the matter away," now such an intention was perfectly justifiable imder the cirumstances. The next communication is nothing more than a statement of the evidence taken by the Chinese, in confirmation of the views they had previously taken of the case. The next is of more interest, and shows that at this time Mr. Macgregor had taken a very proper view of the case, and had blamed the Chinese for not noticing the reprehensible conduct of the otficer charged with keeping the passage clear. Keying says, " a too great readiness to seek for redress on every petty occasion ought not to be evinced. The affair of the 4th July having been already explained away," &c. This shows that what took place on the 4th had been completely left out of sight before the sentence was passed. The reasons for the sentence addressed to the Court by the Consul were then read. It appears this sentence was founded as much on the evidence of Mr. Ellice, &c., which not being taken on oath could not be used. The con- nexion between the proceedings of the 4th and 8th is assumed without the slightest evidence. It would have been a most extraordinary circumstance if Mr. Compton, or any other Englishman, on being struck had not returned the blow. I should have been astonished if he had not. I repeat again that the whole case is founded on assertion on the one side, and assumption on the other, without any evidence. Mr. Macgregor says the quoting of Ordinance No. 2 instead of No. 5 was my own error ; but there is no reason M'hy Mr. Compton should suifer for Mr. Macgregor's error. It is evident, in my opinion, that Mr. Compton was sentenced, apparently for what took place on the 4th, but really for what occurred on the 8th. Had there only been some small mistake as to matters of form, I should have considered it proper merely to modify the fine to a small sum, but the whole proceedings have been so exceedingly irregular, as to render it necessary to reverse the judgment altogether ; and that is the sentence of the Court, that the sentence of Mr. Macgregor, imposing a fine of $200 upon Mr. Compton, be reversed. 129 Inclosurc 31 in No. 2. Letter addressed to Mr. Compton. Sir, Canton, November h\, 184G. OBSERVING, from the letter of his ExceUency Sir John Davis to Keying, dated the 10th instant, and published, by authority, in the "China Mail' of the 12th idem, that the ehar<:>e broufjht aa;ainst you, of having occasioned tlie riot of the 8th July, is still persisted in, and the manifest injustice of dragfjiu-r the occurrences of that day into connexion with the trifling offence connnitted by you four days previously, not having been sufticiently dwelt upon in the resolu- tions adopted at the public meeting of the 3rd instant, we deem it neces.sary to record our opinion on this point, and we hereby do so with all solenniity and force of a formal public resolution. We therefore declare, as ,ur deliberate and firm opinion : — First — That there is no evidence whatever to show that the riot of (lie f^th was in any way occasioned, affected, or influenced by what took place on the 4th July. Second — That the unimpeachable evidence of the gentlemen who witnessed the commencement of the riot, contradicting, in every imjjortant particular, the misstatements of the Chinese officers, acquits you of all blame in (hat matter, and discharges you entirely of the responsibility which, in juslificati