The Sun.
London, England, 1857-02-25 00:00:00

" GREY."
A. wiser or more statesman-like letter it is impossible to
conceive ; and no one who is conversant with these
transactions can read it without feeling that Sir John
Bowring acted in opposition both to the letter and to
the spirit of the instructions which he thus received.
Now, my lords, I ask you to look at the condition of
these people, and to say whether it would have been
possible for them to present to persons at whose bands
such injuries had been sustained by them petitions
couched in more submissive and pathetic terms—psti-
tions appealing more strongly to the-best feelings of those
to whom they were addressed? They say nothing about
reparation for past injuries, or even about an interrup-
tion of intercourse. They say, in effect—
"lf you will only stop your proceedings, we will renew
our commercial intercourse with you on the ancient foot-
ing; we do not ask for redress for the blood of our slaugh-
tered relatives or for the injury done to our city; all we
ask is that you will bs contented with the redress of the
injury which you suppose yourselves to have received."
Let us see what the Americans did in a similar case.
In the course of these proceedings an American vessel
having approached near one of the forts was fired
upon. The Americans went down the river and at-
tacked the fort which had fired. Having silenced
it, they considered that they had taken sufficient
reparation for the injury received, and they continued
their trade upon the previous footing. Here was a real
and substantial insult, there being no question as to the
nationality of the vessel ; reparation is taken, and there
is no further ill-feeling between the two nations. But
look at the consequences of the opposite line of conduct
on our own part. We proceeded from one step to another
till we had reached a degree of severity which is seldom
practised even in regular war, and we have created feel-
ings of opposition to us in Canton which it will take
centuries to eradicate. Such is the impetuosity of Sir
John Bowring, such is his determination to carry his ob-
ject, that he says—
" If the imperial commissioner demands time to refer to
Pekin for instructions, you are on no account to listen to
lti co."

Not only does he himself act without authority from
home, but he will not allow the slightest communication
to take place between the Chinese commissioner and the
sovereign of the country in which these transactions oc-
cur. I have now very imperfectly laid before your lord-
ships the substance, and only the substance, of these
disgusting particulars. I think, my lords, that a ques-
tion of this kind, a question involving such high and
important interests, is not unworthy of the serious con-
sideration of the spiritual peers of this house. (Cheers.)
To them, my lords, I would appeal as especially and em-
phatically men of peace; to them I would appeal as es-
pecially and emphatically servants of Him who came to
bring " peace on earth and good-will among men."
I would appeal to them as the legitimate rebukers of
oppression and tyranny ; I would appeal to them as those
who are by their position peculiarly qualified to enforce
and inculcate the adoption of the high and holy maxim,
that if it be possible we should, " as far as in us lies,

live peaceably with all men." But, my lords, even if I
should be disappointed in looking to that right rev. bench,
I should still look with undiminished confidence to the he-
reditary peerage of England. (Cheers.) To them then I
make my appeal. To those who have done me the honour
of listening with exemplary patience to the long and
painful statement which I have laid before them, would
I appeal humbly and earnestly, but with confidence, to
declare by their vote to-night that they will not sanction
the usurpation by foreign authorities—the usurpation of
that most awful prerogative of the Crown, the right to
commence hostilities against another country ; that they
will not tolerate, or by their silence appear to approve,
a quarrel upon light and frivolous grounds, or in a case
of doubtful justice, followed up by the capture of com-
mercial vessels ; that they will not tolerate the destruc-
tion of the forts of a friendly country ; that they will not
tolerate the bombardment and shelling of an undefended
commercial city; that they will not on any consideration
give the sanction of their voice to the shedding of un-
warlike and innocent blood without warrant of law and
without any moral justification. (Loud cheers.)
The Earl of CLARENDON said—My Lords, I feel
great difficulty in proceeding to reply to the long and
powerful speech in which the talents and abilities of the
noble earl have been displayed in so remarkable a man-
ner. In advocating the cause of Commissioner Yeh my
noble friend has certainly neglected nothing that the
most ingenious interpretation of documents, the boldest
assertion of facts, the most touching appeals to your lord-
ships' sympathies, and the most commanding eloquence
could effect for his client. I have, however, no less con•
fidence than the noble earl has expressed in appealing to
your lordships. I believe that your lordships will have
regard to the facts as they appear in the papers, and not
as they have been presented by the noble earl, and that,
bearing in mind the great interests which are at stake,
bearing in mind the expediency, the policy, and the
necessity of upholding the servants of the Crown abroad
when they are in the right, as in my conscience I believe
those who are concerned have been on the recent oc-
I, like the noble earl, entertain the fullest

casion.

confidence that your lordships wilt act to-night in
your judicial capacity, and that, laying aside all
party considerations, and looking solely to the facts
before you, you will not condemn her Majesty's of-

cers in China, or her Majesty's Government, with re

gard to a course of conduct which they have most un

avoidably, though most reluctantly, pursued. My lords,
I cannot but regret the interruption of the relations be-
tween this country and China, but when the noble earl

speaks of the past relations as amicable, I must say I
cannot concur in that expression. (Hear.) When on
the one side there has been for a long series of years a
manifest determination to humiliate and degrade, and
not to respect treaty rights, and when, on the other,

there has been, in consequence, great exasperation and
irritation, though tempered by a moderate and forbearing
spirit, the rel Awns which have existed cannot correctly
be termed amicable. There has, indeed, been for many
years no resident in Canton, official or unofficial, belong•
ing to any nation. It had long been felt that the pre-
sent state of things was unendurable, and that sooner or
later a rupture must take place. A rupture has taken
place ; and though it has been contended that we are to
blame for what has occurred, persons who were on the

spot, and who have watched the events as they occurred,
and those who are the chief sufferers by these events,
have expressed their approval of what has been done, and
have admitted the necessity of the steps which have
been taken. If these persons were present themselves,

or were represented on this occasion, they would, I am
convinced, ask your lordships not to agree to these re-
solutions ; for, whatever they may have invested in
China, they feel that the safety of their lives and pro-
perty, and the prosperity of their trade, entirely depend
on the maintenance of treaty rightg, and the protection
of the Britidh flag. If those rights can be violated, or
that flag insulted with impunity, there must be an end of
all security for British residents in China. British mer-

Chants will then carry on their transactions on mere suf-
ferance—a sufferance which may be withdrawn at

any period—and will be dependent on the mercy and
forbearance of the Chinese authorities, as indeed those
authorities have constantly asserted that they are.
(Hear, hear.) This case of the lorcha may be in itself a
miserable case; but a principle is involved in it, a right
was violated, and I say that her Majesty's officers at
Canton could not, without a complete dereliction of
duty, have acted other wise than they have done. Now
with respect to the ordinance to which the noble earl
has referred. Your lordships must be aware that the
original purpose of this ordinance was to prevent abuses
on the part of the Chinese authorities. The earliest
notice which we have of the matter is from Sir John
Bowring, who says that the question involved presented
great difficulties, a vessel having no sooner obtained a
register than she escaped colonial jurisdiction and car-
ried on trade in the waters of China, the object of the
ordinance being, as far asjpossible, to provide such local
guarantees as were compatible with the general regula-
tions made under the authority of Parliament. Sir John
further explains that the necessity of a change was
pressed on his attention, not only as Governor of
Hong Kong, but also as chief superintendent of
British trade in China, in consequence of the multi-
plied duties which had grown up, and the confusion pro-
duced through the discordant elements amidst which he
had been directed by her Majesty's Government to observe
a strict neutrality. He also alludes to the difficulty of
deciding who ought to be deemed a British subject in a
city a large portion of whose population is always shift-
ing. The ordinance was then issued for the purpose of
restraining the abuse of the British flag which was
by the imperial act. The ordinance would certainly
have contravened that act if it bad bestowed a British
register ; but the only thing it did bestow was a colonial
register, for trading between China and Hong Kong.
My noble friend seems to think that this would not have
Occurred in any other country than China. He is pro-
bably not aware that within the last 100 years there have
been many cases precisely analogous to that of Hong
Kong at Gibral.ar and Malta. The Queen is empowered
to grant these licences, giving a right to carry the Bri-
tish
flag, and entitling to its protection not only
British
born subjects, but all residents of 15 year,. The case at
Hong Konglis analogous, except that the right is given not
to residents of 15 years, but to Chinamen lessees of
Crown lands. Consequently, my krjs, I thiuk the ordi-
nance was perfectly legal, and under it the registrar had
ITOPi%
a perfect right to confer a register on the Arrow.
The
reasons the Attorney General for the colony gives for it
are :

" The colony of Hong Kong, with a Chinese population
exceeding at the present time 60,000, hardly contains ten
Chinese who can legally be called British subjects, fori it
has not been deemed advisable to naturali,e the Ch
the
here, and the recent settlement of the colony preventshrtb. The
possibility of their having become subjects by ''opulation
great proportion of the respectable part of this
ia, population
fui British
have, however, constituted themselves boa
iseholds for long
subjects, by becoming crown tenants of le. , ophtdei
t"414 91 years (a tenure of wluclA WA AILO4 Li' Au

two guns and a proportionate supply of ammunition, to be
held in readiness to be forwarded to Hong Song should te •
and by permanent settlement have. evinced the clearest in,.
tension of perfecting themselves in the persons of their circumstances render it necessary to undertake any further descendants British subjects secundem leges, as well as
military operations at Canton. I have desired the Go- de fa,cto.
vernor of Ceylon not to send to Hong Kong the detach-I therefore, u je
law adviser to the Crown,_
deemed it my duty to advice the granting of registers to such meat for which you have made application ; and I have Chinese as had, by becoming crown tenants, so far as ie
further to signify to you that her Majesty's Government them lay, made themses
ranteed by other crown tenantßs.r
peremptorily forbid you to undertake any further offen- discharge of the obligationsye
taken themcould
upon be gas-
p subjects,' and wh
sive operations against the Chinese without their previous
sanction. Her elaj -;sty's Government are satisfied that,
lords, I
of Gibraltar and Malta, although the late operations in the Canton river werets a
,case d
theis s
tale
strictly
parneaclio:lovu
the
hteo
samethat
attended with immediate success, the risk of a second
attempt of the same kind would far overbalance any ad- las obtains in the British settlements, in the Straits of
vantage to be derived from such a step. If the conduct of Malacca, at Singapore and Mazaban. A memorandum
the Chinese authorities should, unfortunately, render an- on the subject has been handed to me by the late Gover-
other appeal to arms inevitable, it will be necessary that nor of Singapore:—
e" The condition of the BritisHhasneto.thzennts in the Straits o
Singapore:--
it should be male after due preparation, and with the
Kong, It will be use-
enjoyment of such an amount of force as may lo
be,ard Malaya much resemble that of
native.
eveit }:ay been expo-
grounds for expecting that the objects which may pro- ful, therefore, to see under what cAditio posed by such a measure will be effectually accomplished dient in these to grant registration to
without unnecessary loss.—l have, &c., shipping The
population of the three settlements amounts to 225,000, of
which 90,000 are Chinese. I may confine my remarks, how-
ever, to Singapore, the most important of these settlements
and which is not above five days' sail distant from Hong Kong:
It contains a population of 70,000, of whom no fewer than
50,000 are Chines), some of these being British subjects by
birth, as born under the British flag, but the great majority
aliens, as born in China or the Dutch possessions in the
Archipelago. Both British-born and alien Chinese are
without distinction as to nationality—owners of coasting
craft and of square-rigged vessels making distant voyages
and • all sail under the British flag. I have before
me the names of 12 square-rigged vessels owned by Chinese
lying in the harbour of Singapore, ranging from 150 to 669
tons, seven of them exceeding 332 tons burden. The coasting
Chinese and other native craftsail by registered passes, which
run for a year only, and are renewable. These passes resem-
ble the certificates of registration of the Hong Kong ordi-
nance of 1855, only that the conditions on which they were
granted were far less stringent."
Bat, my lords, independent of all question of mercantile
law and shipping acts, the real question at issue is, whe-
ther this vessel was understood to be a British vessel,
entitled to the British flag, and to British protection, by
the Chinese authorities. This is the question. This lorcha
is one of the vessels described in the treaty as forming
a part of the merchant shipping referred to in the 17th
article.—[Earl of DERBY—That applies to Britisb.j—l
contend she is a British vessel. A lorcha is designated
as a ship belonging to a foreigner in contradistinction to
a Chinese junk, and is always considered as a foreign
built and rigged vessel. My lords, the question is
whether this vessel was considered by the Chinese acitho-
rides to be a British vessel, well known as a British
trader in the Canton river. All the proceedings that
took place before she passed into the hands of her present
owner have nothing to do with this. (Hear, hear.) She
had been seized by pirates, retaken, adjudicated on, sold,
and passed into the bands of a Chinaman ae crown
lessee. A British register was granted to him according
to the ordinance of Hong Song ; and the vessel was then
ander that register and the British flag was flying. It
is true that the year for which the register was granted
had expired a few days before, but provision is made in
advance for such an event, a., if the vessel was still at
sea, it does nct expire until her return. She was then
at sea, her blue-peter was up, and the English flag flying,
and there is no doubt whatever that a deliberate insult
was intended to the British vessel and the British flag.
She was boarded by a Chinese force from a large and
beavy armed vessel, 12 out of her 14 men were carried
off, and to mark the animus of the Chinese authorities
under whose instructions these men acted, the British
flag was hauled down. My lords, there is no article of
the treaty better known, or more constantly acted on,
than the 19th, to which my noble friend has already
alluded. It provides that if any criminal is supposed to be
on board a British vessel, information should be at once
given to the highest civil authority, in order that aJarcla
and inquiry should be made. When the man was disco.
vered, if he admitted his guilt, or it was proved, he should
be given up. I know that the framers of the treaty
attached the greatest importance to this.article, and de-
pended much on it for the maintenance of peace. In a po-
pulous country like China, where so many malefactors of
various kinds might take refuge in our territories, it
was of importance to have such a treaty of extradition,
and nothing can be more plain than its provisions. In
this case, my lords, not one of them was observed ;
twelve men were violently carried off, although only the
one was accused. I ask your lordships if any one of you
had been in Mr. Consul Parkes' place could you have
acted differently ? Very many unjust accusations have
been made against him, and I think it only just to say
that I am personally acquainted with him, and a more
able, intelligent, and gentleman-Yike man I do not know.
He has several times been placed in very difficult cir-
cumstances, in which he has acted with great judgment
and good temper, and he has always shown himself
deeply sensible of his responsibility. I ask you to put
yourselves in his place, and say whether if he had shrunk
from demanding satisfaction for this violation of our
rights he would not have compromised the flag of Bog-
land, and exposed as to fresh insults in every port of
China. We must remember there is a constant tendency
to violate our rights and restrict our privileges, and if
this had succeeded, it would have given a sort ef accu-
mulate sanction. (Hear, hear.) I say, my lords, that if
this act had been left unnoticed, the crew allowed to be
carried off, the master's protest to be disregarded, and
the Consul's demand slighted, have you any doubt that
it would have been claimed by the Chinese authorities
as a new triumph over the white-laced devils and outside
barbarians? (Rear, hear.) What did the Consul do
He represented to the Imperial Commissioner that a
violation of the treaty had been committed, and re•
quested an apology. My lords, such a thing might
have occurred between two of the greatest nations of
the world. If you can dismiss from your minds the
strong feelings in favour of the Chinese authorities
which my noble friend must have excited, I think you
would be inclined to take a very different view of such
an occurrence. Suppose that a French or American
vessel bad come to Liverpool, or to a port in the Channel
Islands, with a register with which we were well ac-
quainted, and that any officer had sent an armed force and
taken off four-fifths of the crew because one or two were
sespected of some crime, and when the French or United
States Consul had requested that these men should be
restored under the provisions of a treaty of extradition,
and an apology made for the insult to the flag, I ask
what would your lordships think if any British authority
had absolutely refused to restore the men or make an
apology on the ground that from information subs°.
quently received he was not satisfied that the vessel was
a French or American one ? Would you not think that
a man was mad, or worse than mad, who would expose
Liverpool or Jersey to an attack, and this country to the •
danger of a war with France or the United States on
such grounds as these I ask if you would not be still
more surprised if you heard that in the senate of the
United States a resolution was afterwards proposed con-
demning in the strongest manner all the A rsterican offi-
cers engaged, and that a speech was made eulogising in
the strongest terms the British authorities who had acted
in such a manner I My lords, I know I may be told
that this could not occur in a country in a high state of
civilisation, where international law was respected ; bul.,
my lords, that these things have occurred in China is a
-proof that there is not the same amount of civilisation or
the same respect for international law. (Hear, bear.)
However painful it may be to admit it, we must come to
the conclusion that in dealing with the Chinese, if we
intend to preserve any relations at all, we must make
them sensible of the law of force, a 3 it is the only one to
which an appeal can be made. My lords, if the consul
had nct obtained any satisfaction from the Imperial
Commissioner for this outrage upon a British vessel, the
Chinese authorities would have treated every other
British vessel the same way in order to deter those
Chinamen who were in the habit of taking service with
English owners, by showing them that the flag could
not protect them from the most disa,trous consequences.
My lords, the Imperial Commissioner was inconsistent
with himself, for he did admit the force of the treaty by
sending back some of the men he had taken ; but he
did not do it in canformity with the treaty,' and he
refused to make the apology demanded ; that apology
was a just and reasonable one. We ought never to
make any unreasonable demand on the Chinese but
having once made a demand it is impossible to with-
draw it ; if we did so it would be attributed to fear—we
would be considered cowards, and fresh insults heaped upon
us. (Hear, hear.) It was manifest from the first moment a
demand was ma le on the Chinese authorities that it Wfte
absolutely necessary to insist on reparation. When the
matterpassed into the hands of the admired, he seized a junk
to let the Commissioner know that eve were in earnest,
which he appeared inclined to doubt after the number of
insults to which we had submitted. Even after measures
of force had been resorted to, they might have been put a
stop to at any moment by the Imperial Commissioner, but
he was determined, as all the facts prove, to persevere in
the course he had commenced. I next come, my lords, to
the question of the entrance into Canton, which, however,
has nothing to do with the matter immediately in dispute,
and nothing would have been heard of it if the affair of the
Arrow had been satisfactorily settled. My noble friend
says that Sir John Bowring has a sort of monomania on
this point ; I admit he does attach very great importance
fmtykel Arrow
ith
wato it, but I feel certain that from the instructions he has
wdobuleednntiesr
havee
received, he would not have taken any steps without
say,
directions
been heardf of i from
home.
f e I
case
factorily settled ; but it was manifest that a
com-
munication with the authorities at Canton personal
anton would be the
best mode of coming to an understanding,
Sir John Bowring and Sir Michael S (Hear, hear.)
on their right to claim the hulls f.3ymour did not insist
cri
British subjects • ' they simply k minate admission of
them-
selves. So far from being an as
ed for admission for
parties were well aware it would never be obtained unless
the people of Canton
_were made to feel our power. Sir J.
Bowring and Sir M.
Seymour wanted a parley, because it
was evident that the correspondence
contribute to increase would only
going on
the exasperation and irritation, and
a parley between the Britishand Chinese IB ersoffered the
o c
best chance of coming uestion -
to an understanding. On theq
of entrance to Canton I think there is some misapprehen-
sion 6 as to the feelings of the people on this point. My noble
friend was most eloquent on the point, but Keylathvg,
1., e had
of the wisest and most experienced
can" insurmountable'''e
to deal with, was of opinion there
Iva' ;F. The feelings of
difficulty in carrying out ourjust deman
always easily ex-
the people were nothing but a bugbear,d
be easy in any Asiatic
cited by their superior. It one the ignorant and town for the authorities 0
excite
but that was no reason
fana-
tical population against foreigners,
ves to be insulted, and not make
why, we should allow otitbrsee.
j In 1845 Sir John Davies in a
the authorities responsvery
strong opinion on this subject.
despatch expressed
entrance'l was refused on the pretext of the
He states that le
and declared that if he had the
violence of the petoptfiler Majesty's Government he would
.
sanction and support
sure the fulfilment of that important
in a short pen— in
condition.friend
(theanswer th my noble
lof Aberdeen) at despatch,authorised Mr. T. Davis to sus-
pend thee
vaeuation of Ohusan until its settlement. At
that time the council ofc Emperor
that reported to the
that the English had a decided right to enter Canton, and
shit it was not of much importance. Sir T. G. Bonham
stated that he did not expect he could get entrance into the
city, Amid suggested that it would be better to abandon the
claim altogether. A middle course was suggested to him,
and he was directed to remonstrate strongly with the
Chinese commissioners on the non-fulfilment of this article
of the treaty. He did so, and Seu and Yoh immediately
declared all discussion, on the subject at an end, and re.
ceiVed imperial honours for the triumph they had gained.