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

SIITINI LONDON, WEDNESDAY EVENING, FEBRUARY 25, 1857.

i tr-

lIVIPE7IIIAL PARLIAMENT.

AOUSE OF LORDS (17
ESTERDAY.)
The
4.r
, JORD CHANCELLOR took his seat upon the woel.
ae' r A four o'clock, at which time the house presented
th:' '47 animated appearance. The space before the
seat, was crowded, and the galleries at each side were
71°$(3 very fully attended by ladies. A large nur•Liber of
are members of the House of Commons were, present.
Dallas, the American Minister, occupied a seat in
the peeresses gallery.
_Lord SAYE and SELE presented 'a petition from
ereford, deprecating the bombardinfAt of Canton and
the exPfedition to Persia, and pro-ying that the house
'would exercise a proper control over the foreign policy
(4 the Government.
_ _

ROYAL MARINE FORCE DILL.
On the motion of Earl GRANVILLE, this bill was
cead a third time.

THE HOSTILITIES AT CANTON.
T'ne Earl of DERBY having presented a number of
Petitions emanating from various localities, and express-
ring, as the noble earl said, 'what he believed to be the
'feeling of the country generally, complaining of the un-
neeeeeary destruction of life at Canton, resulting from
the unnecessary bombardment of that city by the British
naval forces under Admiral Sepr,our, by direction of Sir
X. Bowring, and setting fort;', that ti.at constitutional
principle which invests the, Queen alone with the pre-
rogative of declaring War
:and making peace has
been violated in these 'proceedings, and praying that
an order might be ',u.smediately issued for suspending
hostilities, and ree AMiCg the three officers by whom,
and at whose ins+ Alice, the prerogative of the Crown
has been violet, d, proceeded to introduce the motion of
which he had 'given notice. He said—My lords, I am
now about to, ,address the highest judicial assembly in
the world, and I wish I could persuade myself that in
so doing every member of that august assembly would
PPreach the consideration of the important question I
have to bring before them in a purely judicial spirit ;
that they would regard it in reference to no considers.
tien,
(, except those of equity, justice, and humanity--
near, hear)—and, above all, they would dismiss from
their minds on this occasion every consideration con-
nected with party politics,or parry feeling—(hear)—for,
rny lords, if I can succeed in persuading this house to
deal with the question in this purely judicial spirit, I for
ofy "a Part have such. entire confidence in the strength
my caste, that I shoUld have no fear whatever as to the
r'lslou to which your lordships would arrive. My lords,
I
confess I ern likely to be on this occasion but an im-
Perfect advocate ; but, however imperfect I may be, I
eau assure your lordships I am an advocate on conviction
of the justice of t'ue cause I have espoused —an advocate
disinterested—the unpaid advocate of the cause which
I believe be that of true policy, of justice,
and of hurn•Anity. (Hear, hear.) lam here, my lords,
the advocate of weakness against power, the advocate of
PerPlexeei and bewildered barbarism against the unjust
and arrsigant demands ofoverwhelming and self-satisfied
hei:iii.l.l7.:•st.ii?n, the advocate of the feebleness of a distant and
the .ivi ised nation against' the overpowering might of
British empire. (Cheers.) And, my lords, it in no way
u`,ters me or creates the slightest doubt on my mind in
the strength of my case when I reflect that I am bring-
ing it before a tribunal composed of British peers ; nor
does it deter or discourage me when I remember that
that ease must be taken upon the statements and official
documents furnished by the very parties whose conduct
.
am about to impugn, On those documents lam con-
tent to rest----on those documents I rely, and on the facts
and statements contained in those documents I appeal
With the most entire confidence to the judgment of your
lordships. (Hear.) I would pray your lordships to consi-
der for a moment what is the position in which we now
find our relations with China. As your lordships are aware
We have now for a very considerable number of years
carried on trade with that country to a vast extent, a
trade of deep importance to this country, and which was
largely and rapidly increasing—a trade of vital import-
ance to England in the supply of one of the principal ar-
ticles of consumption, tea ; and in that single article, in
h •
Course of the. last
Million lbs. a ten years, from 41 million lbs. to
year have been consumed. In silk, too,
1,1,210 ugh he had not the figures, the increase had been
though
as large,
it I,,as and as rapid. Upon the whole, that trade,
car-
ried ar,d been carried on under peculiar circum-
stancesunder considerable difficulties, has been car-
, 'with great success, and with mutual satisfaction,
1.0 the advantage of both countries. Well, my lords, it
11,,,.°.w. appears that without any dissatisfaction having
—,.1,1%en, without any previous warnings that trade, in the
principal article to which I have alluded, has been com-
pletely put an end to ; the most hostile and the bit-
terest feelings hale been engendered between the
People of Canton and the British merchants ; between
the British traders and the native population. But not
only is your trade stopped, and the goods of your mer-
Chants seeitieetered to the extent, as I am informed, of
something like a million and a half of dollars—not only
have all your commercial speculations with China been
suspended, but at this moment, without warrant from the
"yin, and without any declaration of war, we are in a
%tat of actual war with China—a war carried on under
the of aggravation and severity unknown in
he
ordinary wars of modern times. You bad seizures of
the merchant junks, the capture and destruction of the
forts of a fr.iendly power ; you have had the walla of a
friendly c'.ty battered down and 'stormed, but without
Ineeeedi.ng in making a practicable breach, and you
have had the residences of private and unresisting
Perso-os fired upon by a British admiral, and a de-
fene,eless town bombarded and shattered by British
ken of war. Is this a state of things which your
can justify to yourselves, or which Par-
liament can justify to itself, to' pass over in silence,
Without demanding from the Minister a full.explanation—
if explanation can be given ; and if not, without stamp-
ing it with your reprobation ! (Hear.) My lords,
will endeavour to state the facts of the case as dispas-
sionately as I can, without exaggerating or colouring,
and if in bringing the case before you I am compelled to
Make a very considerable trespass upon your patience, I
am quite sure that as long as I confine myself strictly to
the subject, I may with confidence throw myself on that
indulgence for which I have so often had occasion to be
deeply grateful to your lordships. It may be convenient,
in the first !instance, that I should call your lordships'
attention to the particular articles of the treaty, the al-
leged infraction of which has been made the excuse for
these violent proceedings. The treaty in question is the
one that is termed the Supplementary Treaty, and was
entered into on Oct. 8, 1843, and supplementary to the
original treaty of 1842, which, as your lordship, will re-
member, was in some measure extorted from the Chinese
Government at the close of the war. The two articles
of this supplementary treaty to which I shall call your
lordships' attention are the 9th and the 17th. The 9th
article runs as follows :

THE

according to -any reasonable and fair construction, a
British vend ? If not, and she was not carrying the
British flag, and legally carrying the British flag, your
Ilordships will ak once see that the whole of the case, so
1 far as the complaints of the British consul and the go-
vernment of Hong Kong is concerned, fa is to the
ground. Now the circum,tance; of the case, as I have
presented them to you, are most lamei.tahle ; they would
be deeply to be lamented if the representatves of the
British Government could show that in pressing for re-
paration for this alleged injury every means had been
exhausted to arrive at an amicable settlement ere they had
recourse to force; if they could show they had cx,rcised
forbearance and conciliation until every indulgence ap-
proached to the very verge of weak ne-s ; that they had
left to the Chinese authorities every p )ssible loophole to
escape, and every opportunity to apologise—nay more,
if such had been our conduct, that there were not the
shadow or the shad• of suspicion in the justice of our
oause ; if there were not a flew in our case—if, with all
this, the consequences had been what they have been, I
still say the state of things which has ensued would have
been lamentable. But if I show that so far from this
being the case—so far from forbearance and conciliation
having been exhausted, the whole of the correspondence
on the part of the British officials has been marked by the
utmost arrogance and haughtiness ; that in the terms in
which they addressed the Chinese authorities they have
exhibited throughout the utmost disrespect and discour-
tesy; that they have refused to accept any explanations,
and have replied to every offer to explain with threats and
menaces; and if I can show that further than this the le-
gality of the demand is more than doub,ful ; that in point
of fact, in one sense of the word, according to the prin-
ciples of justice or equity, can the vessel in question be
considered as a British merchant vessel, and conse-
quently that from the first to the last there has been no
violation of the treaty there—l say that In the lament-
able occurrences that have taken place I shall have esta-
blished the position to which in the resolutions I am
about to submit I have called upon your lordships to
assent. In page 134 of the paper your lordships will
find an explanation put forward on the part of the gen-
tleman whore name has been introduced as having been
a party to the purchase of the lorcha Arrow—that gen•
tlernan being Mr. Bloch, the Danish Consul. Now what
was there to constitute this vessel a British vessel 1
From this explanation it appears that she was built in
Canton by a Chinese in 1854 ; she was owned by a
Chinese ; she was engaged in the coasting trade of,
China ; she was captured by pirates ; she was recap-
tured by the Chinese naval forces ; she was sold or, ac-
count of the Chinese authorities to a Chinese Hong of
Canton ; by that Hong title was sent over to the British
colony of Hong Kong ; negotiations were then entered

into to sell her to a Chinese resident of Hong
Kong ; and the bargain was almost concluded, when a
question arose as to the claim of the former owner, who
claimed as having been the owner at the time of her cap-
ture. This man was also a Chinese—one Qum:l...al—a re-
sident of Macao. The question was referred to arbitra-
tion, and the award of the arbitrator was this—that the
sale from the Canton Hong to the Chinese resident of
Hong Kong would be valid and effectual ; but a difficulty
having been thrown in the way by the previous owner
putting forward his claim, compensation should be paid to
him to the extent of s2,loo—and by an arrangement
which, I confess, I am at a less to understand, supposing
the transaction to be bones fide-41,000 of that amount
was to be paid by the purchaser, and the other 1,000 by
the Chinese seller. And it appears further that Mr. Black,
out of friendship for his compradore, advanced the whole
sum, and wrote off the $1,400 from the total amount of
the purchase money. Then here is a vessel Chinese
built, engaged in the Chinese trade, captured by
Chinese pirates, recaptured by Chinese war junks,
Chinese manned, Chinese bought, Chinese sold, and
Chinese owned—and yet this is to be regarded as a Bri-
tish vessel entitled to claim the benefit of the treaty by
which British merchant vessels are exempt from Chinese
interference. (Hear.) How was this metamorphosis of
a Chinese vessel into a British vessel accomplished ? I
will tell your lordships. In March, 1855, the local legis-
lature of Hong Kong passed an ordinance on the ground
that " many illegal acts have resulted from the improper
use of registers granted at Hong Kong under the provi-
sions of the imperial acts to vessels employed solely in
trading with the mainland of China, and it is necessary
that legal trading should be protected arid illegal trading
prevented," and requiring by a series of enactments that
all British vessels shall have either an imperial or colo-
nial register, and that in the case of colonial vessels the
colonial register shall be renewed annually, and that se-
curity shall be given to comply with all British regula-
tions in regard to merchant shipping. So far, no doubt,
this ordinance might have had a beneficial effect in
doing what it was intended to do, viz., curbing
the abuses that prevailed from the improper
use of the register granted at Hong Kong to
vessels employed solely in trading with the mainland of
China. But there was in this bill an enactment of a
singular kind :
" And bo it farther enacted and ordained that it shall
be lawful for Chinese residents within this colony to apply
for and obtain colonial registers, provided the person or
persons applying as owners be registered lessees of Crown
lands within this colony, and that such owner or owners
tender as securities for the due performance by them
of all the requirements of this ordinance to other crown
lessees, and that such owners and such lessees be severally
reported by the Registrar-General to the satisfaction of the
Colonel Secretary to bo each worth 2,000 dollars in this
colony ; and should such owner or owners be member or
members of any shop or partnership, that the seal of such
shop or partnership be also affixed to the security to be
given by such owner."
Well, this bill was sent home for the assent of the Crown
—it was referred to the law advisers of the Board of
Trade—the Board of Trade having started an objection
which must occur to every one of your lordships from the
face of the ordinance itself—for there is no rule more
strictly adhered to (and it is absolutr ly necessary it
should be so still)—that no colonial legislature can pass
any law or act upon any law which is contrary and re-
pugnant to the law of England. But not only was this
orjinance contrary and repugnant to the law of Eng-
land, but in regard to the very point on which the ques-
tion of the treaty was brought to bear, it repealed and
annulled the whole law of England with regard to the
registration of merchant vessels. The whole law of
England, which requires that to constitute an English
vessel she must be wholly owned by British subjects,
and navigated by an English crew, was swept aside at
once by that ordinance. And this seems to be the opi-
nion of the Board of Trade, for Mr. Booth, by direction
of the Secretary of State, in writing to the Governor of
Hong Kong, says :
"There is nothing in the act providing that the Chinese
residents to whom colonial registers may be granted should
be British subjects, nor are any local limits assigned with-
in which the register is to be in force ; and if it be intend- .
ed that the grant of a colonial register shall confer on
the vessel the rights and privileges attaching to a British
vessel, it appears to my lords extremely questionable
whether this departure from the Merchant Shipping Act
(17 and 18 Vict., cap. 104), according to which British
ownership is an essential condition (and, in fact, the only
condition) of British registry, should be sanctioned by her
Majesty. It also appears to my lords deserving of consi-
deration whether, looking to the effect of registry on the
titles to ships, it is desirable to apply sea-going colonial
ships owned by British subjects a system of registry dif-
ferent from that which is provided for in the Imperial act.
I am, however, to point out to you that by section 547 of
the Imperial act, the leAslative authority of any British
possession is empowered by any act or ordinance, con-
firmed by her Majesty in Council, to repeal wholly or in
part any provisions of that act relating to ships regis-
tered in such possession, but no such act or ordinance
is to take effect until such approval has bee* proclaimed
in the possession, or until such timo thereafter
as may be fixed by the act or ordinance for the pur-
pose. Tho ordinance in question does not appear to have
been passed in exercise of the power given by the clause
of the Imperial act just cited, and unless it should appear
to Lord J. Russell that there are any special circumstances
such as to justify the departure from the policy of the Im-
perial act as to ownership in the case of vessels registered
at Hong Kong, it appears to my lords that her Majesty's ap-
proval cannot properly be given to the present ordinance '
Now my lords, mark—l am not at this moment going
to discuss the substantial question of the merits of the
ordinance, but I am simply dealing with its legality.
Observe, no such ordinance could have been passed ex-
cept under the provisions of the act 17th and 18th Vic.,
cap. 104. But this ordinance was passed in March, 1855,
whereas the act 17 and 18 Vic. did not come into
operation until May, 1855 ; consequently and un-
doubtedly, then, the ordinance was not passed in pur-
suance of the powers given by that act, which I
apprehend cannot have such a retrospective operation
as to have reference to an ordinance passed in
the month of March previous. Except under the
sanction of this act there can be no foundation
for the ordinance, and no power on the part of the legis-
lature of Hong Kong to pass or her Majesty to confirm
such an ordinance. (Hear, hear.) But, I waive for the
moment the question of the enabling statute of the Im-
perial Parliament being appealed to by a sort of retro-
spective operation to justify this proceeding, and I go on
to the more substantial part of the case. I should, how-
ever, state perhaps that an answer was given by the
Attorney-General of Hong
Korg to the Colonial Secre-
tary. He says :
" The colony of Hong tong, with a Chinese population
exceeding, at the present time, 60,000. hardly contains
ten Chinese who can legally be called British subjects, fur
it has not been deemed advisable to naturalise the Chinese
here, and the recent settlement of the colony prevents
the possibility of their having become subjects by
birth. The great proportion of the respectable part of
this population have, however, constituted themselves
bona tide British subjects, by becoming Crown tenants of
theeg
registersbar os
to such leaseholds for long terms of years (a tenure of which an
alien is incapable), and by permanent settlement have
evinced the clearest intention of Perfecting em
in the pelrsons of their
therefore,descendantsdultlyrittioshad77Bbsejeltcahtwse
by becoming
wwneslldaesemhdeecdfialiictutoems.ey
had,
o far as in them lay made themselves
sgercaunnttiliu:o
of
advisercroviu
could be guaranteed by other Crown
taken upon them
British subjects, and whose discharge of the obligation
tenants."
tteonants, s
that
ttoh
an tetrorronr,eyo-tGheernweriasel
of Hong Song has .
dicote one illegal act by another,
he is attempting to vin
t.
g British rights to aliens who
Now I cannot help thheinrekifna
fletnhai
for thoLpurpose of
atll;a1 "1,
adopted the expedient of
means is this, en
that theyßet 1 bilieve what he
have never be ngtanl
havel.
ligation. Now remember
them to take out letter's of eatur.ahe
registration of aßritish
that the one single condition of
ed by British subjects
granting leans to settlers for 09 years, without requiring
ship is that she must be wholly ovvrit,h
lisation or denisa-
who have taken out letters of natura
t.),.
allegiance.
—natural-born subjects of the British
th
ti°", and subsequently taken the oa
by the British
•roe n, or persons
Such is the condition within which alone,
f British owner-
obi But these
law. any one can claim the privileges
p and the right to carry the British flag.
of .Elong.
enactments have been set aside in the colony
Kong, under the supposed sanction of the 517th
the imperial whichp what may be
act, points out not only
done, but the manner iu which it may be done. Nov"
what are the conditions under which the colonial
clause of
legisla•

"If lawless natives of China, having committed crimes
or offences against their own government, shall flee to
Hong Kong, or to the English ships of war, or English mer-
chant ships, for refuge, they shall, if discovered by the
English officers be handed over at once to the Chinese
officers for trial and punishment ; or if, before such disco-
very be made by the English officers, it should be ascer-
tained or suspected by the officers of the government of
China whither such criminals and offenders have fled, a
communication shall be made to the proper English officer
in order that the said criminals and offenders may be rigidly
Searched for, seized, and, on proof or admission of their
guilt, delivered up."
Now, my lords, under the terms of this article, it follows
that any Chinese offender being discovered in the colony
of Hong Kong, or on board a British man of-war, or an
English merchant ship, is not to be seized by the Chinese
authorities, but is to be demanded of the British consul,
and by him seizedand given up. The 17th article pro-
vides that:— ..
" Various small vessels belonging to tho English nation,
called schooners, cutters, lorchas, &C., have not hitherto'
been chargeable with tonnage dues.ltilay betweennowegreend,oning
relation to this class of vessels, which p
Bong and the city, and the city and Macao, that if they
only carry passengers, letters, and baggage, they shall, as
heretofore, pay no tonnage dues ; but if these small craft
carry any dutiable articles, no matter how small the quan-
tity may be, they ought, it principle, to pay their full ton-
nage dues. But this class of small craft are not like the
large ships which are engaged in foreign trade ; they
are constantly coming and going ; they make several trips a
month, and are not like the large foreign ships, which, on
entering the port, cast anchor at Vihrt
ehampofa. If we were to
place them on the same footing as largeafte r this,e 1 gt
Ls smallest ships, the
charge would be unequal ; therefore, .
the
of these craft shall be rated at 75 tons, and largest not to
exceed 150 tons ; whenever they enter the port (or leave the
port with cargo), they
o lar e as 75 to nand
th e y
shall pay tonnage dues at the rate of
If no t 8
one mace per ton register. ogf 75 tons • and if
shall still be considered and charged
they exceed 150 tons, they shall be conassidere:3l
dausesfaragte
tfhoe-
reign ships, and, like them, charged;
tonnage
the otlier ports
rate of 5 mace per register ton. Foo-chow and
having none of this kind of intercourse, and none of this I
kind of small craft, it would be unnecessary to make any
arrangement as regards them. The following are the rules
by which they are to be regulated :-Ist. Every British
schooner, cutter, lorcha, &c., shall have a sailing letter or
register in Chinese and English, under the seal and signa-
ture of the chief superintendent of trade, describing her
appearance, burthen ace , &c.
lorchs, and Fitch vessel, ;hall t herself as large ves-
sels are required to do at the
she shallreport .
~
an, _ben
11. Every schooner,
she carries cargo,
a: °!....,7Lt.
alto report herself t "I.'.`u
pea, and shall, on reaching
letter or register to the British '
Canton deliver up her sailing
permission from the Hoppe f
which she is not to doConsul, who will obtain
withoutor her to discharge her cargo,
the forfeiture of the pinalties laid such permission, under
the general regulations of trade, 3d. 3d.
down in the 3d clause of
cargo is discharged, and an outward.
arranged. and
When the inward
one (if intended) taken
on board, and the duties on both
consul will restore the register- or sailing paid, the
letter, and allow
the vessel to depart."
will nadexet cut' your lord-
having read these article?, I
ships' attention to the statement m
the
the
consul of the seizure of the lorcha' whichconstitutesby
ground for the whole of the subsequent
Consul Parkes, writing to Sir J. 110% , k.i proceedings.
%ng on Oct. 8,
says :
"I have the honour to inform your excellency that the
British lorcha Arrow, while lying with her colours fly
in
in the river near the Dutch Folly, was suddenlyhoa'rC'
this morning by a force of Chinese officers in a war heat eodf
large size and heavy armament, who pinioned and carried
away nearly the whole of her crew, leaving only two out
of It men on board, and added to this act violence the
significant insult of hauling down the national ensign."
Now, my lords, this the consul and Sir J. Bewrieg com-
plain is a gross violation of the treaty of 1843. If this
lorcba was strictly and honourably a British vessel, then
the seizure f
othose persons on board suspected of piracy
- undoubtedly was a violation of the article of the treaty,
inasmuch as they ought to have dewandol them of the
copse', and not taken theta away by force, but the ques-
tion is, was this vessel in the true sense of the term, or

tore can pass this act! The words of the ordinance must
be confirmed by order of her Majesty in council, those
orders must be sent out with such confirmation to the
colony, and when they arrive, shall have no force until
they have been publicly proclaimed along with the order
in council. But what really has happened ? No order to
this day has been passed, but the Secretary of State has
taken on himself to signify that the act has been sent out
to the c Bony. I say that that act is so much wastepaper,
not having been confirmed by the Queen in council,. nor
proclaimed subsequently to its rrrival at Hong Kong.
But Igo further. Recollect that all these questions bearon
the important points at issue, namely—was this a Brandi
vessel legally, and being a British vessel was there an
infraction of the treaty ? I say that she was not a Bri-
tish vessel legally, nor under under any sanction but that
of an order which was issued in the latter end of 1855,
but which did not come into operation until the February
of the following year. This act, waste paper as it is,
full of flaws; as it is, arrived in the colony in 1856 as a
wholesale legalisation of a register professing to have
been granted in September, 1855. And here we are dis-
cussing the question as if it were a criminal indictment
against the Chinese for having violated the treaty. I
do not know whether they have violated the treaty, but
certainly, unless the lorcha was a British vessel, there
was no violation of the treaty. But let us look to the
subject of this colonial ordinance, let us see whether it
is one that ought to be approved. Recollect that it may
be perfectly possible and legitimate to give the Chinese
residents in our colonies all privileges within your
limits, but no man will contend that you have
a right to confer on them privileges derogatory to
the inalienable rights of the Chinese Government.
("Hear,' from Lord Grey.) Chinese subjects are, day
by day, carrying on a coasting trade in the waters of
China, and what do you do ? You issue an order in Hong
Kong which says, in derogation of these Chinese rights,
that these Chinese shall be absolved from their natural
allegiance, may carry on any trade they please, and
laugh to scorn the Chinese officials who may attempt to
resist them, pleading the British flag and the colonial
register as empowering them to laugh at their own sove-
reign. (Hear, hear.) Would you venture to pass any
such act in reference to any state whose power was
nearly on a balance with your own ? (Hear, hear.) Try
it by our English notions, and say whether you dare
pass ordinances freeing foreigners from all liability to
the laws of their own country. (Hear, hear.) But un-
less you are prepared to say that this ordinance was good
in law and sound in justice, you cannot say that any vio-
lation of the treaty was committed, because you cannot
say the lorcha was a British vessel. It is true there was
a British subject esn board, a young man who
had been put on board as the nominal master, and who
literally knew so little about the vessel that he could
not tell her owner : he understood that she belonged to
Mr. Bloch, compradore at Hong Kong. (Hear.) Then
the colonial register did not come into effect for 6 months
after, and when it did, it had no validity, for it had not
beenissued under the proper conditions. I ask you,
whether in the case of such a British vessel lying in the
Chinese waters, and having on board two notorious
pirates, being visited in the absence of any British au-
thority, and these men taken out for trial—l ask you,
if in such case her Majesty's Government declared war
against China, whether it would not be considered as a
most despicable cause of war ? (Hear.) I ask you, my '
lords, as men stimulated by a sense of honour, and as
British legislators, whether you will sanction an act
such as this on the part of her Majesty's advisers ? I
ask you whether you, er any of you, in your hearts
and consciences, would be satisfied to rest a deolaration
of war on such a pretext ? but still more, whether you
would be satisfied to make war without a declaration on
such a pretext But I have not done with this part of
the case yet. Suppose that this British vessel was lying
in the waters of Canton, had she the British flag flying?
Now as to whether the flag was flying or not, there is
considerable discrepancy in the evidence. One master of
a vessel in the neighbourhood declares that he saw the
flag hauled down, and others testify to the same fact ;
but on the other hand the Chinese who boarded the ves-
sel all aver that they saw no flag hauled down, nor do
they believe that there was any lag flying, and not see-
ing any English flag they did not consider that they
committed any violation of the treaty. So much for the
matter of fact, but there is a reference made by the im-
perial commander, to the effect that the flag must not
have been flying, because, he says, it is notorious that
the British merchant ships do not hoist their flags until
they are going away, thus substantiating a declaration
to which no answer has as yet been made. I believe
it is now notorious at Canton that the flag was not
flying ; but if flying, the next question is, was it legally
flying, bad the master a right to hoist it, or did he only
do it when be came near the port, in order to deceive the
officials / I omitted, in speaking of the ordinance, to
notice the great facility it gave to smuggling. I believe
there was always a good deal of smuggling, but that the
ordinance increased it greatly. The colonial treasurer
writing in Oct., 1855, says :
"The act has been extremely beneficial to the respect-
able Chinese settled here, ainse it has already increased the
coasting trade in British goods and opium."
The ordinance, it appears, has been extremely benefi-
cial in enabling British subjects to trade in opium.
(Hear, hear.) Further, with respect to an ordinance of
this kind, entirely altering the stipulations of the treaty,
your lordships will be surprised to hear that it never
was communicated to Chinese Government. I see my
noble friend looking at the book. I know it was com-
municated subsequently, but not when the ordinance '
was issued. What did you do ? When two lorchas were
seized and confiscated for smuggling the consul applied to
Yeb, and then for the first time this ordinance came into
notice. But these licences to carry the British flag were,
under the act, renewable from time to time, the original
register being deposited, and this must be done before
the expiration of each year, and if not so deposited the
licence to become null and void. The terms ot the act on
that subject are clear and decisive, providing that any
deviation from the regulations shall incur the forfeiture
of ship and cargo. Further, it says that the renewal
must be effected four weeks before the end of each year.
Now, under this ordinance there is no penalty, but it is
clear that if at the end of the year there is no renewal, it
is in force for one year and no longer. Now if there be
any doubt on this matter, I appeal to Sir J. Bowring.
He says:—
" I have your despatches dated 9th and 10th, with their
incloeures, on the subject of the arrest of sundry Chinamen
on board a vessel called the Arrow, bearing the British
flag, and commanded by a subject of her Majesty. The
question presents two inquiries-Ist, the rights of the ves-
sel in question ; and 2d, the conduct of the Chinese autho-
rities. It appears on examination that the Arrow had no
right to hoist the British flag ; the licence to do so expired
on the 27th Sept., from which period she has not been en-
titled to protection. You will send back the register to be
delivered to the Colonial-office."
Here was the statement of Sir J. Bowring, that after the
27th Sept. no protection could legally be granted. I
should like to know whether any honest, straightfor-
ward man would, after such a declaration, justify his de-
mands on the plea that the Chinese were ignorant that
the licence had expired. I say that such a plea could
not be sustained, and yet for this the country is involved
in a disastrous war. What is the defence ! Sir J. Base-
ring says that the licence had expired, but that the Chi-
nese did not know it. Therefore, because you have no
claim, and your adversary does not know it, you think
yourself justified in using threats and coercion. I must
now got° a different part of the case—l mean the claim for
the free admission of British subjects into the City of
Canton. With respect to this point, your lordships will
find at page 185 of the blue book the earliest statement
on the subject. Ido not think it quite clear that the
original treaty intended to confer the right to the extent
to which it was subsequently exercised, but that it
merely meant to confer on British subjects and British
merchants the liberty of carrying on their trade and pur-
suing their business within the walls of Canton. I doubt
whether it was intended that the British should have per-
mission to live within the walls. I must now trouble
your lordships by reading some documents. In 1848 Mr.
Bonham was our plenipotentiary, and as the time ap-
proached when the treaty should come into operation he
wrote for instructions to Lord Palmerston, then Secre-
tary for Foreign Affairs, asking whether he shou'd press
for the admission of British subjects against the mani-
fest disinclination and apprehension of the Chinese. He
say.—
"If the Government is disposed to insist on admission
to the city of Canton it will bo necessary to send me full
instructions, and the means of carrying them in to effect."
He adds—
" Without a military demonstration I am satisfied that
we cannot attempt an entrance."
Mr. Bonham proceeds to say that the re'uctance of the
Chinese authorities arose from their dread of the fanati-
cism of the people, whom they feared they had not suffi-
cient power to keep in order. In answer to that despatch
Lord Palmerston wrote to Mr. Bonham, Oct. 7, 1843, a
despatch, which does great credit to the good sense of
the noble lord. He says :

force to protect them. It might therefore bo arranged that
for some time the entrance of British residents into the city
should be subject to fixed regulations as to times, number,
escort, lac., so as to insure the safety of those who might,
go in. It is probable that when the novelty of their ap-
pearance was over, and when the shopkeepers and mer-
chants of the town found that the visit of foreigners tended
to the advantage of their trade, as would probably be the
case, the people would grow indifferent to that which they
would have become accustomed to, and that thus, in pro-
cess of time, the precautionary regulations might be re-
laxed, and in the end a better state of feeli3g might be es-
tablished between the Chinese and the foregners. But as
long as the foreigners are wholly excluded from the city,
it seems difficult to see how the first steps towards such a
result oan be taken."

Mr. Bonham, who was a man of great ?ersonal cape.
rience in China, wrote in answer to this—

"It is my belief that no material advantage to com-
merce would be gained by the ;Omission )f British sub-
jects, at all events nothing commensurate to the cost."
Tho result of the whole was summed 'p in a letter
written by Lord Palmerston's direction tc the India and
China Association on June 25, 1849.
" I am to state to you, in reply, that her Majesty's Go-
vernment have no intention to renounce the right of en-
tering the city of Canton, although they an not prepared,
at present, to resort to hostilities with Chiaa in order to
enforce that right. Her Majesty's Government aro not
ignorant that some inconvenience may result from the
adoption of a policy of moderation in this instance; but
as the practical advantage which could be lerived by Bri-
tish trade from free access into the interim of Canton is
probably not very great ; while the effort to obtain the
immediate fulfilment of the Chinese engk-ement in this
respect would be costly, and might lead to a great loss of
life and destruction of property, and to a considerable in-
terruption to British trade in that quarter of China, and
might, moreover, seriously affect the trace at the other
ports, her Majesty's Government are of op nion that the
general commercial interests of the countrZ aro best con-
sulted by not pushing matters to extremitio on the pre-
sent occasion."

Thus your lordships will see that in 1849 Lord Palmer.
ston, acting upon the information of Mr. Bonham, a gen-
tleman thoroughly versed in the subject. came to the
conclusion that it would be inexpedient to prooeed to en•
force the treaty which had been concluded. I now come
to the period when Mr. Bonham retired for a period
from his post, and was succeeded by Dr., row SirJ. Bow-
ring. Now Ido not wish to say anytbirg disrespectful
of Sir J. Bowring, for whose attainments I have a sin-
cere admiration, but I must frankly confess it appears to
me that upon the subject of admission to Canton he
labours under a species of monomania. (Hear.) I be-
lieve he thinks of his admission into Canton the first
thing in the morning and the last thing at night—indeed
if he wakes in the middle of the night I should think his
thoughts at once run on the same subject. (Hear.) I do
not imagine that he would think any sacrifice too great
which should end in the official reception of Sir J. Bow-
ring by the authorities of Canton. (Laughter.) In the
despatch which was addressed to Sir J. Bowring upon
his appointment as governor of the colony, it was im-
pressed upon him that no endeavours were to be made
to carry out the treaty by which British subjects were to
have admittance to Canton which would endanger life.
The words of this important despatch ran thus :

" Her Majesty has been pleased to grant to you a com-
mission appointing you a superintendent of the trade of
British subjects in China, under the act of 3,1 and 4th
Will. IV., cap. 93 ; and in order to avoid any cavil on the
part of the Chinese authorities, her Majesty has been fur-
ther pleased to grant you a full power Majesty's
plenipotentiary. Ler
plenipotentiary. I have to state to you that it is bile
anxious desire of her Majesty's Government to avoid all
irritating discussions with that of China. It will, of
course, be your duty carefully to watch over, and to
insist upon, the performance by the Chinese authorities
of the engagements which exist between the two coun-
tries. But you will not push argument on doibtful points
in a manner to fetter the free action of your government ;
and you will not resort to measures of force without pre-
vious reference home, except in the extreme case of such
measures being required to repel aggression, cr to protect
the lives and properties of British subjects."
In reply to this Sir J. Bowring says, of course, he will
defer to the judgment of the home authorities, but he
concludes by at least hinting that he did not himself con-
cur in that judgment. His reply contains this expres-
sion—

" Had I not felt that the strong expressions in your lord-
ship's despatch, which call upon me to avoid all irritating
discubsions with the Chinese, imposed extreme caution and
hesitation in all ray proceedings, I should have ventured
to anticipate the pleasure of communicating in my very
first despatch that this veiata vastio had been happily and
peaceably decided, and that I had been received within
the walls by the high authorities of China."
Among his other acquirements, Sir J. Br wring has, I
believe, a considerable proficiency in the Chinese lan-
guage ; and he at all times appears to have thought that
if be could only obtain admittanee into Canto; and have
an opportunity of haranguing the Chinese, in their own
tongue, all difficulties would be at an end. (" Hear,
hear," and laughter.) About the period at which I have

now arrived a change of ministry took place, and my
noble friend near me (the Earl of Malmesbury) became
Foreign Minister. My noble friend addressed a despatch
to Sir J. Bowring, requesting that nothing might be
done in the matter until the return of Mr. Bonham. Of

course Sir J. Bowring bowed to the orders of the Secre-
tary of State, but he concludes his reply thus :
" I venture, most emphatically, to assure your lordship
that I never should have presumed to solicit the authority
from her Majesty's Government, for undertaking the set-
tlement of the long-protracted question as to our right of
access to that city, had I not been fully persuaded, after a
♦ery long residence in, and knowledge of, Canton, that the
tiros was singularly favourable for effecting the object, and
that I could have effected it without endangering the pub-
lic peace, and with great advantage to our social, political,
and commercial relations with China."
. _ _

It is one of the peculiarities of Sir J. Bowring's views of
this subject that every time is the most favourable time
for putting those views into effect. At one time it is
because things are tranquil, at another because they are
disturbed, but in the end it is always the same, always
a time " singularly favourable for the effecting the
views " which he had so much at heart. The following

extract would perhaps put their lordships more fully in
possession of this characteristic than any further state-
ment he ceuld make. In February, 1854, Lord Claren-
don sent to Sir J. Bowring a despatch containing this

passage
"There are, unquestionably, points which it would be
desiralole to secure, and to which wo have even a right by
treaty; and amongst those I would mention free and un-
restricted intercourse with the Chinese authorities, and
freo admission into some of the cities of China, especially
Canton. The treatment of these questions requires, how-
ever, much caution ; for if wo shoeld press them in menac-
ing language, and yet fail in carrying them, our national
honour would require us to have recourse to force ; and,
in order to obtain results, the practical advantage of which
is not clearly demonstrated, we might place in peril the
vast commercial interests which have already grown up in
China, and which, with good and temperate management,
will daily acquire greater extension."
In reply to this comes the following from Sir J. Bow-

ring :
" It cannot be denied that wo aro entitled to demand re-
dress of grievances which we have suffered from violations
and disregard of treaty obligations, and in my communica-
tions to the supremo authorities I propose to specify the
following as among the most prominent—Non-admission
into Canton city ; difficulty of obtaining personal inter-
course with the authorities. It is not my intention to de-
mand an interview with the Imperial Commissioner at the
present moment. As a general rule of conduct in China, I
intend to demand nothing which I am not prepared to en-
force. But I do not think I should be warranted in pro-
ceeding to Pekin without giving the Imperial Commis-
sioner the opportunity of meeting me, if he be willing to
recognise my right to an official reception within the walls
of Canton. Should he consent to this wo shall have gained
a very important point ; should he refuse, we shall have
another important grievance."
(Loud laughter.) To this there came a further commu-
nication from Lord Clarendon, in these words :
" It is on all accounts desirable that you should obtain
access to the Imperial Commissioner at Canton ; but there
is no reason to expect that you will be more successful in
doing so than the ministers of France and the United
States—(laughter)—and you will use every precaution for
ascertaining beforehand that you will Rot meet with any
indignity that will require to he avenged, and this more
particularly at a moment when the aid of the British naval
force in the Chinese seas might not be available for that
purpose."
It is certainly to he regretted that my nnhle friend (Lrd
Clarendon) used the concluding expresvion of this de-
spatch, as it would seem to imply that there was some
idea that at a future time there certainly might be a
British naval force avail Mu for the purpose hinted at.
I do not believe that such was the idea in the mind of
my noble friend, but the choice of words is by no means
fortunate. One more extract from these papers will
show your lordships that Sir J. Bowring was by no
means inclined to give up his opinions on this subject.
On the 9th of July, 1855, be wrote thus
pportunity a
" Finding that Mr. Consul Adcock has experienced many
hfai
vgfavourable difficulties
rueable authoritiesioncommunicating i
ono—(laughter)—of
gh Canton,te i.)_ofl withag,,
again
or getting access to the
i thought
makingth the
overtures too
thelmperial Commissioner, with a view to the establishment
of more amicable intercourse. I enclose to your lordship a
copy of my letter to his Excellency dated the 11th of Juno.
To that letter ho has not condescended to reply, and I can
now anticipate nothing but a continuance of the proud re-
pulsiveness of the Viceroy. It would be idle for me to use
any language of displeasure or of menace, altogether help-
less as I am in the absence of the fleet. I am informed by
the Hon. Captain K. Stewart, of her Majesty frigate Nan-
kin, that his peremptory instructions are to proceed to the
north, and to join the Admiral there. But I am still of
opinion that, until the city question at Canton is settled,
placedthere is little hope of our relations being „cod on any-
thing
liket lae satisfactory
oi sff at chteo ry
saidy
ci
city foundation
question
China. In my matured judgment it has been delayed much
t h o settlement t
too long."
Now, my lords, I have shown the state of these two
questions, totally different from each other, which I have
been obliged to take up separately and dwell upon at
some length, because from this rnoinent the two are corn.
bined and intertwined together in such a manner that it
is no longer !possible to separate them. In looking at
the further correspondence I confess that I look with
feelings of some shame at the contrast between the lan-
guage and the tone of the correspoudelleo ~n the part of
the British officials, as compared with that on the part
of the Chinese. I must say, my lords—and a few pas-
sages which I will call to your notice will, I think, bear
me out in so saying —that the language of the Chinese
is throughout courteous, respectful, and gentlemanly,
while that of the British officials is discourteous, disre-
spectful, and ungentlemanly. These are strong terms,
my lords, but I think that I can ju.tify them. It was
on the Sth of October that the grievance took place in
connection with the lorcha the Arrow. On that day,
Consul Parkes, who appears to possess great activity,
made representa • tions to Sir J. Bowring, to Commis.
sioner Yeb, and to Commodore Elliot. In reply to this
Sir J. Bowring writes in these terms with his instruc-
tions to the consul :
" You will inform the Imperial Commissioner that I re.
quire an apology fur what has taken place, and an asaur.

" Foreign Office, Oct. 7, 1818.
" Sir,—l have received your despatch of the 20th July,
inclosing the Chinese commissioner's answer to your letter
of the 21. st June, inclosed in your previous despatch of that
date. The question which you have brought under the con-
sideration of her Majesty's Government, as arising out of
the evident disinclination of the Chinese commissioner to
give effect to the arrangement by which British subjects were
to be allowed free access to the city of Cantonin April next
is one on which it is difficult for me to give you positive in-
structions. On one hand, evil consequences may flow from
allowing the Chinese to refuse or evade the performance of
contracted engagements ; on the other hand, it is inexpe-
dient to resort to force to compel them to execute promises
from the performance of which no real benefit to British
interests would accrue. It has always appeared to me to
be doubtful whether the right of entering the city of Can-
ton would bo productive of any material advantage to Bri-
tish residents; while it has been plain that the unrestricted
entrance of British residents into that city might lead to
disputes and collisions between British subjects and Chi-
nese, the consequences of which might be serious. I now
understand from your despatch that the principal advantage
which would result from free access to the city would be,
that on special occasions the superintendent or the consul
would be able to 130 to the Chinese authorities, and to com-
municate personally with them. This, undoubtedly, might
often be useful, and such personal intercourse might fre-
quently lead to an easier settlement of disputes, and to the
maintenance of a good understanding. But this advantage
might be gained without a general and indiscriminate ac-
cess for all British subjects to the city, because it might bo
arranged that whenever the superintendent or consul should
wish to communicate with the Chineso Governor, they
should send word to him, and that then ho should send an
escort to attend them through the city, and to convey them
back again ; and to this the objection would not apply
which the Commissioner urges against the general admis-
sion of British subjects to the city. I should wish, however,
to know what practical advantage in regard to commerce
the British residents at Canton now sustain by nut being
allowed to enter the city, and what practical advantages,
beyond those of pleasure and amusement, British subjects
would derive from the power of entering the city when
they chose. There seems reason to fear that at first the
appearance of foreigners without escort or protection in the
pc7oif-
sntorseee ttso oifn
stuhlet coirt yiomaisgslaiut
tt e
tmhiet ea
nl odw etrhactl atshsees oolfi
the town might not always be on the spot, or in sufficient

ance that the British flag shall in future he respected ; that
48 hours are allowed for this communication, which being
passed, you are instructed to call on the naval authorities
to assist you in enforcing redress."
And as another specimen of this style of communication
by the English authorities, I will read to your lordships
the first letter addressed by Sir J. Bo wring to Commis-
sioner Yeh. This document runs thus :

" Hong Kong, Nov. 10, 1856.—Sir,—His Excellency,
the naval Commander-in-Chief, Sir M. Seymour, has com-
municated to me copies of his late correspondence with
your excellency. In the hope of preventing a recurrence
of the present unfortunate state of things at Canton, his
excellency has proposed that, as elsewhere, there should be
free intercourse between the authorities within and foreign
representatives without the city. This proposition your
excellency declines to entertain. You insist not only in
confounding it with the past discussions of the treaty right
of all foreigners to enter the city, but in maintaining that
the right itself is shown to have been definitely abandoned
in a despatch from my predecessor, Mr. Bonham, dated
oth April, 1519. The passage cited is not quoted in full
by your excellency. Referring to the non-fulfilment of the
engagement entered into in 1847, Mr. Bonham proceeds,
although entered into by Keying, and confirmed by your
i Emperor, t (the engagement) has not been carried out ; the
question at issue rests whore it was, and must remain in
abeyance. The discussion of it cannot at present bo farther
prosecuted between your excellency and myself. I can bat
repeat my regret at the unsatisfactory report which this
evasion of the treaty will compel me to make to my Go-
vernment.' Your excellency seeks to construe as declara-
tory of its cessation for evermore, words simply signifying
that discussion of our treaty right was suspended until
further report of its repudiation could be made to her Ma-
jesty's Government. Pending this reference, Mr. Bonham
called on British subjects to abstain from entering Canton.
That the British Government had never abated an iota of
its claim is shown by Mr. Bonhain's letter of the 21st of
August, 1849. This was written under instructions of
Viscount Palmerston, then Principal Secretary of State
for Foreign affairs, and his excellency Sou was requested to
transmit it to Pekin. The assumption of Sou himself, in
his reply, dated 27th Aug., 1849, that the discussion was
no more to be renewed, was at once rejected by Mr. Bon-
ham, and your excellency must be well aware that ever
since my return to this country as minister plenipotentiary,
the subject Las been foremost amongst those of which I
have hal occasion to advise your excellency the British
Government looked for a satisfactory adjustment. I beg
to refer you particularly to my communications of 25th
April, 10th July, and 27th Dec., 1854, and of the 11th
June, 1855. The tenour of your correspondence with Sir
M. Seymour obliges me once more to remind you that the
treaty right of British subjects to be admitted into Can-
ton has never been abandoned by the British Government.
But this right is not at the present moment ender discus.
sion. The Admiral is simply insisting on certainty of access
to the local authorities, and With good reason. Had the
British consul been able to obtain such access on the day,
that the lorcha's flag was torn down, and her crew unlaw-
fully seized, the affair might have been settled in a sin3lo
interview ; as it was, letter after letter had to be addressed
to your excellency ; severa lyon allowed to remain for days
frithout a reply, and to this hour you have neither apolo-
gised for the misconduct of your executive, nor have you
given any sufficient assurance that henceforward our flag
and jurisdiction shall be respected. Your Excellency's per-
' tinacity in ignoring your obligations on these points has
rendered necessary a series of coercive measures ; and it
is to avoid the future necessity of a course as opposed to
our interests as it is offensive to our feelings, that the ad-
miral has made to you this simple proposition."
This was the first communication, and made too upon
the ex parte statement of Consul Parkes. In reply to
this, Commissioner Yeti wrote thus :
It was shown on trial of the prisoner that the lorcha
was built by Sooachine, a Chinese ; a register was pur-
chased for herof the merchant Bloch, for 1,000 doll., and
she assumed the British flag without be in t entitled to it.
She was lying at the time of the seizure off the Dutch Folly,
and, as has been clearly proved, with no ensign flying ; it
being as it appears an established law with British vessels
to haul down their ensign when they drop anchor, and not
to hoist it again until they got under weigh. Had it been
shown on the trial that her flag was bona fide that of a Bri-
tish merchant vessel, it would have been doubtless correct
to follow some other course than the one pursued, but the
fact being that a Chinese had assumed the flag without
title, what need was there for Mr. Consul Parkes to put
himself forward as his advocate? Again thel2 men seized
were all taken back by Hew, assistant magistrate at Nanhae
on 220 ult. , but Consul Parkes declined to receive either them
or a despatch sent with them from me. The letter under
acknowledgment says that had the authorities been accessible
to the consul the affair might have been disposed of in a sin-
gle interview. The assistant magistrate, Hew, was s ent
twice with the men to be surrendered. It is through him
that (foreign) correspondence with me is always transmitted.
Now the assistant magistrate is a commiesioned officer of the
Chinese empire. Heretofore any foreign business that has
bad to be transacted by deputy has boon transacted by officers
similarly deputed, and the present was a case of all others
requiring common conference; but Consul Parkes had
made up his mind not to consent to what was proposed.
On (a subsequent occasion I sent Tseang, prefect of Lay-
chow-fog, to the foreign factories to consider what steps
should be taken, but the consul now insisted on something
more than (the rendition of) the men captured on board
the lorcha. There being in all this no inaccessibility on the
part of the Chinese officials, what was there to make an
immediate adjustment of the dispute impracticable ?"
Nor is it alone in the despatch of Sir J. Bowring that
this language prevails. In Consul Parkes' letter of the
15th Oct. to Yeh this passage occurs :

two guns and a proportionate supply of ammunition, to be
hold in readiness to be forwarded to Hone Kong should
circumstances render it necessary to undertake any further
military operations at Canton. I have desired the Go-
vernor of Ceylon not to send to Hong Kong the detach-
ment for which you have made application ; and I have
further to signify to you that her Majesty's Government
peremptorily forbid you to undertake any further offen-
sive operations against the Chinese without their previous
sanction. Tier Majesty's Government are satisfied that,
although the late operations in the Canton river were
attended with immediate success, the risk of a second
attempt of the same kind would far overbalance any ad-
vantage to be derived from such a step. If the conduct of
the Chinese authorities should, unfortunately, render an-
other appeal to arms inevitable, it will be necessary that
it should be male after due preparation, and with the
enjoyment of such an amount of force as may afford just
grounds for expecting that the objects which may be pro-
posed by su•h a measure will be effectually accomplished
without unnecessary loss.—l have, &c.,

" At about 10 a.m. yesterday I received your Excel-
lency's ' Declaration,' which, I regretted to tee, evinced no
desire on your Excellency's part to grant the satisfaction
demanded in my letters of the Bth and 12th inst."
And in his letter of the 21st of the same month to the
[mule functionary we find the following :
" But your Excellency,:with a strange disregard both of
justice and treaty engagements, has offered no reparation
or apology for this injury; and by retaining the men you
have seized in your custody, signify your approval of this
violation of the treaty, and leave her Majesty's Government
without any assurance that such aggressions shall nit again
occur. Your Excellency was warned by what took place on
the evening of the 14th inst. of the dangerous consequences
to which a refusal might lead ; but your Excellency treats
with indifference that warning, and also the several pro-
tests made to you not only by me but by her Majesty's
plenipotentiary."
And with what spirit this discussion was carried on on
our part your lordships may judge from the fact that
when the Chinese authorities sent back the whole of the
men taken on board the lorcha, the consul then raised
the objection that the men were not sent back in the cus-
tody of a proper officer. Indeed the impression—and I
say it with regret—left upon my mind by the cartful pe-
rusal of these papers is this—that Sir J. Bo wring desired
to make the most of the difficulty which had arisen with
a view to the carrying out of his favourite scheme. And
your lordships will see that the plan of operations was
matured, as I may say, from the first. Consul Parkes, in
his despatch of the 12th Oct., eight days only alter the
difficulty had first arisen, writ es thus :
" I advise, therefore, and I do so with all the deference
duo to the superior judgment of your Excellency and the
naval commander-in-chief, and with a deep sense of the re-
sponsibility which I, as the officer charged with the c,re of
British interests at Canton, in offering this advice, incur,
that as we have searched the river and found no war-junks
(and anything less than the seizure of a fleet would, I am
now convinced, have had no effect on the Imperial Com-
missioner), our operations should now be directed against
the forts between Whampoa and Canton. The Imperial
Commissioner, I submit, should again be summoned to
grant the satisfaction already demanded within twenty-
four hours, failing which we should then take possession of
the four barrier forts. I cannot conceive it po,sible that
his Excellency will then withhold compliance with our de-
mands ; but should he still co❑ti❑ue contumacious, a simi-
lar course diould then be pursued with the forts at Canton,
and it would bo exceedingly advisable, I think, that the re-
sidence of his Excellency, which is not far from the water-
side, should also in that case feel the effects of the bom-
bardment. But I consider it altogether indispensable to

the safety of our great interests at Canton, that prior to the
commencement of those operations a force sufficient for the
protection of the foreign factories should be placed in posi-
tion before them. I advocate attack on the Barrier Forts
in the first instance, because they stand by themselves, and
are not surrounded, as are those at Canton, by the dwel-
lings of the people, who should be exempted, whenever
it is in our power to do so, from any disastrous conse-
quence accruing from the acts of their authorities, and
will, it may be hoped, see the justice of offensive
measures being aimed by us solely against the latter.
And should wo be driven to the extremities I have here
anticipated, I then think that our proceedings would lose
much of their effect if we leave the forts in the condition
in which we find them; but that ono or more should, as
far as possible, be destroyed, to mark by their ruins, for a
time at least that aggression, when unprovoked and un-
atoned, may be visited with micro,' retributio:)."
Now, I will show your lordshipi that the old idea of
Sir .J. Bowring was mixed up with the business of repara-
tion for the Arrow difficulty ; for we find in one of these
despatches the following.—
"I have conveyed to Sir Michael Seymour an opinion
that if his Excellency and yourself agree on the fitness of
the opportunity, it would be well if the vcxata qumstio of
our entrance into the city should now be settled."
And we find elsewhere that Sir J. Bowring expresses
his willingness to go to Canton in order to the sttOe-
merit of the matter. It appears, however, that the
Chinese commissioner was not so easily to be deceived
as to the real object of these demands for reparation, for
we find him writing thus to Consul Parkes :
" But I, the minister, also know full well what you, the
said consul, have in view. (l. laugh.) For a certainty it
is nothing loss than a desire on your part to imitate the
course taken by the Envoy Davis in the spring of 1847."
The shrewdness, indeed, which the commissioner
showed in " smelling a rat" in this transaction appears
not to have been without its effect on Sir J. Be wring.
It would seem, I am sorry to say, that the governor lost
his temper, for in his reply to the despatch of Consul
Parkes, which enclosed him the commissioner's commu-
nication, he wrote thus :
"I have your despatch, dated yesterday, and regret to oh- -
serve that the unabated obstinacy of the Imperial Commis-
sioner has necessitated the continuance of offensive opera-
tions. I noticein the declaration of his Excellency, dated the
26th inst., that a reference is made to the proceedings of
Sir J. Davis in 184 T. You may find a proper opportunity
of reminding the Imperial Commissioner that if, instead
of being shamefully violated, the promises and engage-
ments then entered into by the Chinese authorities had
boon faithfully and honourably kept, all the existing
calamities would have been avoided."
I will not weary and disgust your lordships by going
through the various details of these miserable transac-
tions. On the 25th the Dutch Folly fort was taken ; on
the 27th fire was opened on the residence of the com-
missioner and cn the town ; on the 29th a practicable
breach was effected, and the city was stormed. I should
remark that a short time previous to this Sir J. Bowring,
acting in defiance of his standing instructions, sent to
Ilonfor troo, and obtained the miserable sup-
ply of (-
Ig p
17on
sappers
and miners. This, is a fitting opportu-
nity of recalling to your lordships recollection a very
proper letter, written by the noble earl opposite (Earl
Gro ), when be was at the head of the C, 1 inial-otlice,
and despatched, as the noble earl himself stated, with
the full concurrence of the Duke of Wellington. That
letter was addressed to Major-General D'Aguilar, and is
as follows :

" Colonial-office, Nov. '31,1847.

" Sir,—Tho Governor of Ceylon has communicated to
me an applica,tiou which you have made to the rusjor-
general counuandiug her Majesty's troopsin that island
for a reiuforcvment of half a coulpany of artillery, with

and by permanent settlement have evinced the clearest in-
tention of perfecting- themselves in the persons of their
descendants, British subjects secunient leges, as well as
de facto. I, therefore, as law adviser to the Crown,
deemed it my duty to advise the granting of registers to such
Chinese as had, by becoming crown tenants, es) far as in
them lay, made themselves British subjects, and whose
discharge of the obligations taken upon them could be gua-
ranteed by other crown tenants."
Al yG i lords,bralta rI
and say
IN this
t a
, case
and the rule i s strictlylis
parn,a,cl.l7
iocu4h
analogous
same that
of
as obtains in the British settlements', in the Straits of
Malacca, at Singapore and Mazaban. A memorandum
on the subject has been banded to me by the late Gover-
nor of Singapore:—
Fes( The condition of the British settlements in the Straits o
Malaya much resemble that of Hong Kong. It will be use-
ful, therefore, to see under what conditions it has been
expe-
dient in these to grant registration to native shipping. The
p lation of the three settlements amounts to ee
'OO
, " GREY. whichpopulation
's
n
90,000 are Chinese. I may confine my remarks,--° It: w' of
A. wiser or more statesman-like letter it is impossible to over, to Singapore, the most important of these settlon. enots,
conceive ; and no one who is conversant with these and which is not above five days' sail distant from Hong Kong.
transactions can read it without feeling that Sir John It contains a population of 70,000, of whom no fewer teem
B tiering acted in opposition both to the letter and to 50,000 are Chinese, some of these being British subjects by
the spirit of the instructions which he thus received. birth, as born under the British flag, bat the great majority
Now, my lords, I ask you to look at the condition of aliens, as born in China or the Dutch possessions in the
these people, and to say whether it would have been witioutdistinction Archipelago.i Both British-born and alien Chinese are
as to nationality—owners of coasting
possible for them to present to persons at whose hands
such in uries had been sustained by them petitions
craft and of square-rigged vessels making distant voyages
j and all sail under the British flag. I have before
couched in more submissive and pathetic terms—peti- me the names of 12 square-rigged vessels owned by Chinese
tions appealing more strongly to the best feelings of those lying in the harbour of Singapore, ranging from 150 to 669
to whom they were addressed? They say nothing about tons, seven of them exceeding 333 tens burden. The coasting
reparation for past injuries, or even about an interrup- Chinese and other native craft sail by registered passes, which
tion of intercourse. They say, in effect— run for a year only, and are renewable. These lasses resem-
ble the certificates of registration of the Hong Kong ordi-
our"lf you will only stop your proceedings, we will renew
sauce of 18e5, only that the conditions ou which they
wets
commercial intercourse with you on the ancient foot-
granted were far less stringent."
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 Bat, my lords, independent of all question of mercantile*
ask is that you will be contented with the redress of the law and shipping acts, the real question at issue is, whe-
injury which you suppose yourselves to have received." ther this vessel was understood to be a British vessel,
Let us see what the Americans did in a similar case. entitled to the British flag, and to British protection, by
In the course of these proceedings an American vessel the Chinese authorities. This is the question. This lorcha
having approached near one of the forts was fired is one of the vessels described in the treaty as forming
upon. The Americans went down the river and at- a part of the merchant shipping referred to in the 17th
tacked the fort which had fired. Having silenced article.—[Earl of DERBY—That applies to British.]—l
it, they considered that they had taken sufficient contend she is a British vessel. A lorcha is designated
reparation for the injury received, and they continued as a ship belonging to a foreigner in contradistinction to
their trade upon the previous footing. Here was a real a Chinese junk, and is always considered as a foreign
and substantial insult, there being no question as to the built and rigged vessel. My lords, the question is
nationality of the vessel ; reparation is taken, and there whether this vessel was considered by the Chinese autho-
is no further ill-feeling between the two nations. But rities to be a British vessel, well known as a British
look at the consequences of the opposite line of conduct trader in the Canton river. All the proceedings that
on our own part. We proceeded from one step to another took place before she passed into the hands of her present
till we had reached a degree of severity which is seldom owner have nothing to do with this. (Hear, hear.) See
practised even in regular war, and we have created feel- had been seized by pirates, retaken, adjudicated on, sold,
ings of opposition to us in Canton which it will take and passed into the hands of a Chinamen as crown
centuries to eradicate. Such is the impetuosity of Sir lessee. A British register was granted to hi:n according
John Bowring, such is his determination to carry his ob- to the ordinance of Hong Kong ; and the vessel was then
ject, that he says— under that register and the British flag was flying. It
"If the imperial commissioner demands time to refer to is true that the year for which the register was granted
Pekin for instructions, you era on no account to listen to had expired a few days before, but provision is made in
him." advance for sues an event, a., if the vessel was still at
Not only does he himself act without authority from sea, it does nct expire until her return. She was then
home, but he will not allow the slightest communication at sea, her blue-peter was up, and the English flag flying,
to take place between the Chinese commissioner and the and there is no doubt whatever that a deliberate insult
sovereign of the country in which these transactions oc- was intended to the British vessel and the British flag.
cur. I have now very imperfectly laid before your lord- She was boarded by a Chinese force from a large and
ships the substance, and only the substance, of these heavy armed vessel, 12 out of her 14 men were carried
disgusting particulars. I think, my lords, that a ques- off, and to mark the animus of the Chinese authorities
tion of this kind, a question involving such high and under whose instructions these men acted, the British
important interests, is not unworthy of the serious con- flag was hauled down. My lords, there is no article of
sideration of the spiritual peers of this house. (Cheers.) the treaty better known, or more constantly acted on,
To them, my lords, I would appeal as especially and ern- than the 19th, to which my noble friend has already
phatically men of peace; to them I would appeal as es- alluded. It provides that if any criminal is supposed to be
pecially and emphatically servants of Him who came to on board a British vessel, information should be at once
bring " peace on earth and good-will among men." given to the highest civil authority, in order that a arek
I would appeal to them as the legitimate rebukers of and inquiry should be made. When the man was disco-
oppression and tyranny ; I would appeal to them as those vered, if he admitted his guilt, or it was proved, lie should
who are by their positiOn peculiarly qualified to enforce be given up. I know that the framers of th - treaty
and inculcate the adoption of the high and holy maxim, attached the greatest importance to this article, and de-
that if it be possible we should, "as far as in us lies, pended much on it for the maintenance of peace. Iu a po-
live peaceably with all men." But, my lords, even if I pulous country like China, where so many malefactors of
should be disappointed in looking to thatright rev. bench, various kinds might take refub in our territories, it
I should still look with undiminished confidence to the he- was of importance to have such a treaty of extradition,
reditary peerage of England. (Cheers.) To them then I and nothing can be more plain than its provisions. In •
make my appeal. To those who have done me the honour this case, my lords, not one of them was ob,erved ;
of listening with exemplary, patience to the long and twelve men were violently carried off, ahhough only the
painful statement which I have laid before them, would one was accused. I ask your lordship, if any one of you
I appeal humbly and earnestly, but with confidence, to had been in Mr. Consul Parkes' place could you have
declare by their vote to-night that they will not sanction acted differently ? Very many unjust accusations have
the usurpation by foreign authorities—the usurpation of been made against him, and I think it only just to say
that most awful prerogative of the Crown, the right to that lam personally acquainted with him, and a more
commence hostilities against another country ; that they able, intelligent, and gentleman-like man Ido not know.
will not tolerate, or by their silence appear to approve, He has several times been placed in very difficult cir-
a quarrel upon light and frivolous grounds, or in a case cumstances, in which he has acted with great judgment
of doubtful justice, followed up by the capture of com- and good temper, and he has always shown himself
mercial vessels ; that they will not tolerate the destruc- deeply sensible of his responsibility. I ask you to put
tion of the forts of a friendly country; that they will not yourselves in his place, and say whether if he had shrunk
tolerate the bombardment and shelling of an undefended from demanding satisfaction for this violation of our
commercial city; that they will not on any consideration rights he wouli not have compromised the flag of Eng-
give the sanction of their voice to the shedding of un- land, and exposed us to fresh insults in every port of
warlike and innocent blood without warrant of law and China. We must remember there is a conetant tendency
without any moral justifieation. (Loud cheers.) to violate our rights and restrict our privileges, and if
The Earl of CLARENDON said—My Lords, I feel this had succeeded, it would have given a sort of accu-
great difficulty in proceeding to reply to the long amulate sanction. (Hear, hear.) I say, my lords, that if'
l 4
this act had let en left unnoticed, the crew allowed to be
powerful speech in which the talents and abilities of the carried off, the master's protest to be disregarded, and
noble earl have been displayed in so remarkable a man- the Consul's demand slighted, have you any doubt that
nor. In advocating the cause of Commissioner Yeh my it would have been claimed by the Chinese authorities
noble friend has certainly neglected nothing that the as a new triumph over the white-taced devils and outside
most ingenious interpretation of documents, the boldest barbarians? (Hear, hear.) What did the Consul do;
He represented to the Imperial Commissioner that a
assertion of facts, the most touching appeals to your lord- violation of the treaty had been committed, and re•
ships' sympathies, and the most commanding eloquence quested an apology. My lords, such a thing might
could effect for his client. I have, however, no less cone have occurred between two of the greatest nations of
fidence than the noble earl has expressed in appealing to the world. If you can dismiss from your minds the
your lordships. I believe that your lordships will have strong feelings in favour of the Chinese authorities
regard to the facts as they appear in the papers, and not wwehuicidh Lneyiuneolibuleedftreientedk must Lave excited, I think you
different
as they have been presented by the noble earl, that vey sieve
and that, an occurrence. SupposeFrencho rA
American
of such
bearing in mind the great interests which are at stake, vessel bad come to Liverpool, or to a port in the Channel
bearing in mind the expediency, the policy, and the Islands, with a register with which we were well ac-
necessity of upholding the servants of the Crown abroad
quainted, and that any officer had sent an armed force and
taken off four-fifths of the crew because one or two were
when they are in the right, as in my conscience I believe respected of some crime, and when the French or United
those who are concerned have been on the recent oc- States Consul had requested that' these men should be
casioo. I, like the noble earl, entertain the fullest restored under the provi inns of a treaty of tatradition,
confidence that your lordships will act to-night in and an apology made fur the insult to the flag, I ask
your judicial capacity, and that, laying aside all what would your lordships think if any British authority
had absolutely refused to restore the men or make an
party considerations, and looking solely to the facts
apology on the ground that from information subse•
before you, you will not condemn her Majesty's offi- quently received he was not satisfied that the vessel was
cera in China, or her Majesty's Government, with re- a French or American one ? Would you not think that
gard to a course of conduct which they have most un- a man was mail, or worse than mad, who would expose
avoidably, though most reluctantly, pursued. My lords, Liverpool or Jersey to an attack, and this country to the
I cannot but regret the interruption of the relations be-
danger of a war with France or the United States on
such grounds as these l I ask if you would not be still
tween this country and China, but when the noble earl more surprised if you heard that in the senate of the
speaks of the past relations ae amicable, I must say I United States a resolution was afterwards proposed con-
cannot concur in that expression. (Hear.) When on demning in the strongest manner all the A merican offi-
the one side there has been for a long series of years a cers engaged, and that a speech was made eulogising in
manifest determination to humiliate and degrade, and the strongest terms the British authorities who hadacted
in such a manner I My lords, I know I may be told
not to respect treaty rights, and when, on the other, that this could not occur in a country in a high state of
there has been, in consequence, great exasperation and civilisation, where international law was respected ; but,
irritation, though tempered by a moderate and forbearing my lords, that these things have occurred in China is a -
spirit, the relations which have existed cannot correctly proof that there is not the same amount of civiiisation or
be termed amicable. There has, indeed, been for many the same respect for international law. (Hear, hear.)
years no resident in Canton, official or unofficial, belong, However painful it may be to admit it, we must come to
ing to any nation. It bad long been felt that the pre- the conclusion that in dealing with the Chinese, if we
sent state of things was unendurable, and that sooner or intend to preserve any relations at all, we must make
later a rupture must take place. A rupture has taken them sensible of the law of fusee, as it is the only one to.
place ; and though it has been contended that we are to which an appeal can be made. My lords, if the consul
blame for what has occurred, persons who were on the had net obtained any satisfaction from the Imperial
spot, and who have watched the events as they occurred, Commissioner for this outrage upon a British vessel, the
and those who are the chief sufferers by these events, Chinese authorities woul I have treated every other
have expressed their approval of what has been done, and British vessel the same way in order to deter those
have admitted the necessity of the steps which have Chinamen who were in the ha'-it of taking service with
been taken. If these persons were present themselves, English owners, by showing them that the flag could
or were represented on this occasion, they would, lam not protect them from the most disastrous consequences.
convinced, ask your lordships not to agree to these re- My lords, the Imperial Commissioner was inconsistent
solutions ; for, whatever they may have invested in with himself, for ho did admit the force of the treaty by
China, they feel that the safety of their lives and pro- sending back some of the men he had taken ; but he
perty, and the prosperity of their trade, entirely depend did not do it in conformity with the treaty, and he
on the maintenance of treaty right., and the protection refused to make the apology demanded ; that apology
of the British flag. If those rights can be violated, or was a just and reasonable one. We ought never to
that flag insulted with impunity, there must be an end of make any unreasonable demand on the Chinese but
all security for British residents in China. British mfr• having once made a demand it is impossible to with-
chants will then carry on their transactions on mere euf- draw it ;if we did so it would be attributed to fear—we
ferance—a sufferance which may be withdrawn at would be considered cowards, and fresh insults heaped upon
any period—and will be dependent on the mercy and us. (Hear, hear.) It was manifest from the first moment a
forbearance of tho Chinese authorities, as indeed those demand was ma to on the Chinese authorities that it was
authorities have Constantly asserted that they are. absolutely necessary to insist on reparation. Wizen the
(Hear, hear.) This case of the lorcha may be in itself a matter passed into the handsof the admiral, ho seized a junkt
miserable case ; but a principle is involved in it, a right to let the Commissioner know that ..ve wore in earnest,
was violated, and I say that her Majesty's officers at which ho appeared inclined to doubt after thefter measuresm
Canton could not, without a complete dereliction of insults to which wo had submitted. Een.e
have been put a
duty, have acted other wise than they have done. Now of force had been resorted
theto, they might
Imperial Commissioner, but
with respect to the ordinance to which the noble eta.' shtop to atde
taenrymrnoem moment by
determined, all the facts prove, to persevere in
has referred. Your lordships must be aware that the theewcoasurse he had commenced. I next come, my lords, to
original purpose of this ordinance was to prevent abuses the question of the entrance into Canton, which, however,
on the part of the Chinese authorities. The earliest has nothing to do with the matter immediately in dispute,
notice which we have of the matter is from Sir John and nothing would have been heard of it if the affeir of the
Bowring, who says that the question involved presented Arrow had been satisfactorily settled. My noble friend
great difficulties, a vessel having no sooner obtained a says that Sir John
he d
Bowring htatsahsort of monomania on
tidepoint;
but I Lealicemrtain thatee th
does
attach
fromae veery great im n portace
register than she escaped colonial jurisdiction and ear- t
instructions he has
Tied on trade in the waters of China, the object of the ereceived,tl be would not have taken any
ordinance being, as far asjpossible, to provide such local directions from home. I Fay, my lords, it
without
guarantee-a as were compatible with the general regula- have been heard of if the case of the Arrow' w°llll
never
had been statist
tions made under the authority of Parliament, Sir John factorily settled ; but it was manifest that a corn
-
further co-
further explains that the necessity of a change was munication with the authorities at Canton would be the
pressed on his attention, not only as Governor of best mode of coming to an understanding.
Hong Kong, but also as chief superintendent of Sir John Bowring and Sir Michael Seymour
(Bear, hear.)
British trade in China, in consequence of the multi- British
to claim the indiscriminate didad notie insist
of
plied duties which had grown up, and the confusion pro-
solves.
rsbolets 1 they simply asked for admissionmforsitinem-
duced through the discordant elements amidst which he
par,. far from being an
ties were well aware it unfavourab
le moment, all
had been directed by her Majesty's Government to observe 'ale people of
a strict neutrality. He ales) alludes to the difficulty of Bowring
and Canton were made to feel our power. Sir J.
deciding who ought to be deemed a British subject in a was evident that 11.
Seymour wanted a parley, because it
city a large portion of whose population is always shift- contribute to i t the correspondence vino on would only.
Mg. The ordinance was then issusd for the purpose of a parley bet, ,Veen the exasperation aubd irritation, and
restraining the abuse of the British flag which was best chance Arfeen the British and Chinese officersoffereestn.
by the imperial act. The ordinance would certainly of entrance oe
corning to an understanding. On the clpnreeen.
have contravened that act if it had bestowed a British siou as t() ebe° Canton I think there is some . ''.l', i-,
Inetis'ioy lli.).0
register ; but the only thing it did bestow was a colonial friend Was feelings of the people on this
but R
g, „„
register, for trading between Chinaand Hong
most eloquent ou the poin,ortwi: i'mve had
My noble friend seems to think that this would not h to •te•al with, oet and most experienced oat ee
0 insurnio untable
have • wi- was of opinion there wall"!
d The feelings of
occurred in any other country than China, He is 1 r , (stfliculty in' ust dOMAII
easily
bably not aware that within the lest 100 years there l;' °-
the People
were
eryintgb
ionut
bouutrJ. bugbears},lwaYB_iejc"
been many cases precisely analogous to that of Have cited by theirno superior.g It rould h.tu!tuy s
. the ignniant and Jana-
Kong at CeibraLar and Malta. n `els Queen is empoweredlion
town for 040 authorities to excite
but that wets no reason
to grant these licences, giving a right to carry th ideal population against fore? !
-snteerb'e insulted, and not make
fish flag, and entitling to its protection not only De Bel' why Tee should allow otirrelv In
1845 Sir John Davies in a
born subjects, but all residents of 15 years, Tne elfish, , the nutltoeiiies responsirtiry.
strong opinion en this subject.
Hong Konglis analogous, except that the ri I ' case at I ("lespt,:ia expressetdaance
was refused on the pretext of the
to residents of 15 years, but to git is given not 14e `,tates that
eenpre
pie,
and declared. that if lie had the
Crown lands. Consequently, m • krd Chinamenl lessees of v'eolence of
id the
tport°cf her Majesty's Government he would
nance was perfectly legal, and under s,think the ordi- , sanction sod
sb e period insure the fulfilment of that important
it the registrar t ': 1
tt in a • '"'• In slower to that despatch, rt:ty noble friend
a perfect right to confer a • "a 1 condittoa.
b deen) authorised Mr 'l'. Davis to sus-
reasons the Attorney General for The I (the Earl of Aer •
..
1 t. At
the colony giv e h evacuation of Chnsan until its seat emen
are : s for it i peed
that ti
e the council if Canton reported to the Emperor
" The colony of Hong Kong with Ch. ht time
English had a decided right to enter nn
Bonham
exceeding at the present time ,C
a Chine pop, .14*„. that the
it was not of much importance. Sir T. G.
into rho
0 000 hardl ce oe ,v".. i that
he could get entrance into e
Chinese who can legally be called) ' .yh
datw.:" te-^ stated thet he did not expect ion the
has not been deemed advisable to
aßstlitis -
e
s lin' li sets, for it
city, And suggested that it would be better to
satbeand t( o him,
here, and the recent settlement of ' oar° ~
a the Chinese claim altogether. A. middle course was
stronglysugg
with the
possibility-of their having bee - she colony-'sprevents the
and he was directed to remonstrate of this article
great proportion of the e nsanne . ' ; s h birth. The
ty
sem 1h0: Chinese commissioners on the non-fulfilment
Yeh immediately
have, however, consti` re
' - subJeeee this P°Pula- of the treaty. He did ao, and Sou
and
at an end, and re-
Able part British
subjects, by bectnuingQou - •'
bona Pc l„„ -declared all discussion, on the subject
they had
themßeivesl!"6l°las for ' ceived imperial honours for the triumph gained.
terms of years (a t...• - ' own t
'- - - enant3 °f
lien is incapable)
,
..sure of which An alien