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There was, however, so little interest in the subject, that this premium was never awarded, though the proposal was extensively advertised both in China and England.

The memorial of Hu Kiu mentioned the names of several foreigners, English, Parsees, and Americans, residing at Canton, who were extensively engaged in the opium trade; and in three edicts issued by the governor in the autumn of 1836, the immediate departure of nine persons therein mentioned was required. So habitually, however, did foreigners disregard the commands and prohibitions of the local government, that none of them hastened their departure in consequence, though a report was of course made to the capital that orders had been issued for their expulsion.

It was this posture of affairs which Captain Elliot referred to, and the desirableness of his coming to Canton was evident. The governor and his colleagues soon learned that the feeling at court was rather against legalizing, though they were directed to report concerning the amount of duty proper to be levied on it; and to show their zeal, arrested several brokers and dealers, some of whom were tortured and imprisoned. Aming, one of the linguists, was severely tortured and publicly exposed in the cangue for exporting sycee; others escaped similar and worse treatment by absconding. The chief superintendent expressed his opinion, that "the legalization of the trade in opium would afford his majesty's government great satisfaction," but suggested that the gradual diversion of British capital into other channels would be attended with advantageous consequences. To one situated as Captain Elliot was, between his own government which promoted the importation of opium, and the Chinese government which was now making extraordinary efforts to regulate it; and deeply sensible personally of the injury resulting from its use to the people, and to the reputation of his own and all foreign nations generally, from the constant infraction of the laws; the proposed step of admitting it by duty offered a timely relief. No one was more desirous of putting a stop to this destructive traffic than Captain Elliot, but knowing the impossibility of checking it by laws, he naturally wished to see the many political and commercial evils growing out of smuggling done away. It was, indeed, much to be desired, that the Chinese would take this course; and it is very remarkable that, the great reason why the emperor and his

BRITISH COMMISSION RETURNS TO CANTON.

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advisers did not do so, was because it would be detrimental to the people.

During the years 1837 and 1838, there was a constant struggle along the coast between the officers of government, the native smugglers, and the foreign dealers; sometimes the former competed with, and sometimes connived at, and then arrested the latter, while the foreigners seldom came in collision with either, but did all they could to promote the sale. In February, Capt. Elliot wrote to rear-admiral Capel, in India, requesting him to dispatch a ship of war to China, in order to visit the outer anchorages where the opium trade was carried on, "as one of the movements best calculated, either to carry the provincial government back to the system of connivance which has hitherto prevailed, or to hasten onwards the legalization measure from the court." The sloop-of-war Raleigh soon after arrived in compliance with this request, and was dispatched to Fuhchau to procure the release of the lascars forming part of the crew of the opium brig Fairy, who had been detained there for many months, which she successfully accomplished. The main object, however, of the superintendent's request, could better be brought about by the action of the home government; and in the autumn of 1837, her majesty's secretary transmitted orders for the admiral himself to go to China and communicate with the British authorities there.

Captain Elliot, being now at Canton, as the recognized head of the British trade, received an order through the hong-merchants from the provincial authorities, in September, to drive away the receiving-ships from Lintin, and send the emperor's commands to his king, that henceforth they be prohibited coming. He replied to the effect that he could not transmit any orders to his own sovereign which did not come to him direct from the government; and quoted the recent instance of the governor-general of Fuhkien communicating directly with the captain of a British ship of The governor was therefore forced to employ a different channel, and sent his orders to the prefect and colonel of the department to be by them enjoined on Captain Elliot. He replied. by promising to send it to his country, and adds, in true diplomatic style, "He has already signified to your excellency with truth and plainness, that his commission extends only to the regular trade with this empire; and further, that the existence of any other than this trade has never yet been submitted to the know

war.

three junks were sunk, one blown up, and the rest scattered. Active measures were taken by the Chinese against the fleet at Hongkong, and the ships there went to Tungku. The commissioner on his part, finding every effort to induce the British ships to re-enter the port unsuccessful, two only having gone in, declared the trade with that nation at an end after December 6th., and forbade their goods to be imported in other vessels. Near the close of the month, Captain Smith issued another notice of a blockade to commence January 15th, but neither was this carried into effect, as Mr. Gribble, the person seized by the Chinese in the act of disobeying their laws, was restored. The great losses attending the detention of cargoes afloat, led to the request that English goods might be stored in Macao, but the Portuguese felt themselves obliged to refuse.

The close of the year 1839 saw the two nations involved in serious difficulties, and as the events which have here been briefly recounted were the cause of the war, it will be proper to compare the opinions of the two parties, in order to arrive at a better judgment upon the character of that contest. The degree of authority to be exercised over persons who visit their shores is acknowledged by Christian nations among themselves to be nearly the same as that over their own subjects; but none of these nations have conceded this authority to unchristian powers, as Turkey, Persia, or China; mainly because of the little security and justice to be expected. The Chinese have looked upon foreigners resorting to their ports as doing so by sufferance; they entered into no treaty to settle the conditions of living in their borders, though they gave facilities for carrying on trade in a certain manner. Their right to prohibit the introduction of saltpetre and opium was acknowledged; and the propriety of making regulations as to the duties to be paid, allowed. But traders from western na

tions often set light by the fiscal regulations of such countries as China, Siam, &c., if they can do so without personal detriment, or loss of character; and where there is a want of power in the government, joined to a lack of moral sense in the people, all laws are imperfectly executed. No one, acquainted with these countries, is surprised at frequent and most flagrant violations of all law, order, and justice, both among rulers and ruled; yet the obligation of foreigners to obey just laws made known to them, surely is not to be measured solely by the degree of obedience

MOTIVES OF LIN'S CONDUct.

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paid by a portion of the people themselves. A systematic violation of the Chinese laws against opium cannot be excused, because the people themselves contrive to evade them, and because officers possessed of no more moral principle than the people, also connive at, and participate in the infraction.

The Chinese government discussed the measure of legalizing a trade it could not suppress, but no law was published; and before doing so resolved to make a stronger and last effort to put it down if possible. Might makes right, or at least enforces it, and if the Chinese had had the power to destroy every ship found violating their laws, although the loss of life would have been dreadful, no voice would have been raised against the proceeding. "Her majesty's government," said Lord Palmerston, "cannot interfere for the purpose of enabling British subjects to violate the laws of the country to which they trade." But this power would not then have been dared; the known weakness of the government emboldened both sellers and buyers, until Captain Elliot told the foreign secretary that "it was a confusion of terms to call the opium trade a smuggling trade."

Lin probably wished to get Mr. Dent merely as a hostage for the delivery of the opium in the hands of his countrymen, and not punish him for disobedience to previous orders; not expecting any opposition to this demand, he seems to have been unwilling to seize him immediately, preferring to try persuasion and command longer, and detain him and other foreigners until he was obeyed. He viewed Captain Elliot as a mere head merchant; when, therefore, the attempt was made as he supposed, to take Mr. Dent out of his hands, he was apprehensive of a struggle, and instantly took the strongest precautionary measures to prevent the prey escaping. Considerate allowance should be made for the serious mistake he made of imprisoning the innocent with the guilty; but if Captain Elliot took Mr. Dent thus under his protection, the commissioner felt that his purpose would be defeated, and no opium obtained, if he began to draw a distinction. Besides, conscious that he possessed unlimited power over a few defenceless foreigners, nearly all of whom were in his eyes guilty, he cared very little where his acts fell. There is no good evidence to show that he seriously meditated anything which would hazard their lives. When he had received this vast amount of property, success evidently made him careless as to

his conduct, and judging the probity and good faith of foreigners by his own standard, he deemed it safest to detain them until the opium was actually in his possession. Concluding that Captain Elliot did attempt to abscond with Mr. Dent, it is less surprising, therefore, that he should have looked upon his offers to "carry out the will of the great emperor," when set at liberty, as a lure rather than a sincere proposition. In imprisoning him he had no more idea he was imprisoning, insulting, threatening, and coercing the representative of a power like Great Britain, or violating rules western powers call jus gentium, than if he had been the envoy from Siam or Lewchew. Whether he should not have known this is another question, and had he candidly set himself on his arrival at Canton, to ascertain the power, position, and commerce of western countries, he would have found Captain Elliot sincerely desirous of meeting him in his endeavors to fulfil his high commission. Let us deal fairly by the Chinese rulers in their desire to restrain a traffic of which they knew and felt vastly more of its evil than we have ever done, and give Lin especially his due, whose endeavors failed so signally.

The opium was now obtained; no lives had been lost, nor any one endangered, but the British government was bound to pay for it to its own subjects. The only source Captain Elliot suggested was to make the Chinese pay for it. The emperor ordered it to be destroyed, and the commissioner after executing that order, next endeavored to separate the legal from the contraband trade by demanding bonds; they had been taken in vain from the hong-merchants, but there was more hope if demanded from foreigners. The first contained nothing very objectionable, but the second involved the penalty of death. The bonds were not made a pretext for war by the English ministry; that, on the part of England, according to Lord John Russell, was "set afoot to obtain reparation for insults and injuries offered her majesty's superintendent and subjects; to obtain indemnification for the losses the merchants had sustained under threats of violence; and lastly, get security that persons and property trading with China should in future be protected from insult and injury, and trade maintained upon a proper footing." Looking at the war, therefore, as growing out of this trade, and waged to recover the losses sustained by the surrendry to the British superintendent, it was an opium war, and eminently an unjust one, more especially

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