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Sub-Enclosure 1, to Enclosure 1, in No. 10.

EXTRACT of a DESPATCH from Mr. Howard to Lord Clarendon, dated Lisbon, 24 June 1857.

THE Viscount de Sã acquainted me yesterday that he had received intelligence from the Cape of Good Hope that Commodore Trotter had returned to Simon's Bay from his cruise to Mozambique; that he had met with an English vessel off that coast with a cargo of negroes on board, destined for Réunion; but that as she had a commission from the Governor of that island for their conveyance, he had not brought her for adjudication before the Mixed Commission at the Cape.

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Sub-Enclosure 2, to Enclosure 1, in No. 10.

EXTRACT of a DESPATCH from Her Majesty's Commissioners at the Cape of Good Hope, dated Cape Town, 14 April 1857.

THE exportation of negroes as free labourers is also carried on from Madagascar for the French settlements; and while in Boyana Bay, Commodore Trotter met with an English vessel, the "Joker," Asp, master, freighted for the conveyance of blacks, as free labourers, to Mauritius, for which purpose she was furnished with papers from the authorities of that Colony. Fuller particulars of this case will, we doubt not, reach your Lordship through the Board of Admiralty; but we would remark, that were such a practice allowed in behalf of a British Colony, it may be questioned whether it would not tend to diminish the weight of any representations which Her Majesty's Government might think it desirable to make to other powers to whose colonies free labourers may be brought from ports at which the slave trade has hitherto been the principal traffic.

Enclosure 2, in No. 10.


Admiralty, 5 August 1857.

In reply to your letter of the 3d instant, enclosing copies of a Despatch from the Foreign Office relative to the state of slave trade on the East Coast of Africa, and requesting to be informed whether my Lords Commissioners of the Admiralty have received any reports respecting the English ship "Joker," alleged to have been freighted for the conveyance of negroes to the Mauritius from Madagascar as free labourers, I am commanded by their Lordships to transmit you herewith, for the information of Mr. Secretary Labouchere, an extract from a letter of Commodore Trotter, dated the 5th April last, No. 3, respecting a vessel supposed to be the "Joker."

Extracts from the above-mentioned letter of Commodore Trotter were sent to the Foreign Office on the 16th July.

T. Frederick Elliot, Esq., &c. &c. &c.

Colonial Office.

I am, &c. (signed)

Sub-Enclosure to Enclosure 2, in No. 10.

EXTRACT from Commodore Trotter's Letter, dated 5 April 1857, at Simon's Bay.

"ON our passage to Mozambique we touched at Boyana Bay (Madagascar), where the Queen of Bali was very civil. It was her father with whom Commander Brown, of the Geyser,' in 1848, made a treaty for the suppression of the slave trade. The Queen appeared to have a perfect remembrance of it, and said she should always act up to it. I found lying here an English barque, belonging to Seychelles, and commanded by a native of France, but a naturalized Englishman, who had a licence from the Governor of Mauritius to take over labourers to that island. It appeared evident to me that he had virtually bought them; but as it would be as easy for the authorities at the Mauritius as for me to prove that, I merely made a note of my visit in her log-book, and in it protested against his proceedings, and against his procuring any other labourers in a similar way; and I wrote at the same time to the Governor of the Mauritius to say what I had done. The Queen presented me with a fine bullock, for which I returned her the articles enumerated in the margin.

B. Osborne.

"Colonel Hamerton had given me the information, which he believed to be true, of two vessels having left this bay the year before with slaves, which they had succeeded in getting safely round the Cape of Good Hope; but two Jesuit priests, one of whom had resided there constantly for the last two years and a half, assured me that no such vessel had during that time taken in slaves, or sailed from that place with them. I was anxious to ascertain the correctness of the report, because, after very particular inquiries on the subject, I had reason to believe, as I still have, that no slaver has been fitted out on the East Coast, or taken away slaves round the Cape of Good Hope, for the last three year and more."


No. 11.

Encl. 2, in No. 10.


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No. 12. Right Hon. H. Labouchere, M.P. to Gov. Stevenson.

17 October 1857.

10 October 1857. Enclosure.

Encl. in No. 12.

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(No. 24.)

COPY of a DESPATCH from the Right Honourable H. Labouchere, M. P. to Governor Stevenson.

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Downing-street, 6 September 1857.

Sir, I HAVE received with satisfaction your predecessor's Despatch, No. 119,* of 3d July last, reporting that the prohibition of immigration from India to Mauritius had been withdrawn by the Indian Government.

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I have, &c. (signed)

Sir, Downing-street, 17 October 1857. I HAVE to convey to you the Queen's confirmation and allowance of thOrdinance passed by the Legislature of Mauritius, and forwarded in your pree No. 22 of 1857. decessor's Despatch, No. 152, of the 12th of August, "to amend the law

relative to the engaging of newly-arrived immigrants."

I transmit for your information the copy of a Report upon this Ordinance, which has been furnished by Sir Frederic Rogers, and I have to instruct you to comply with his request that a copy of the Report of the Protector of Immigrants should be sent home.

H. Labouchere.

(No. 53.)

COPY of a DESPATCH from the Right Honourable H. Labouchere, M. P. to Governor Stevenson.

I have, &c.

(signed) H Labouchere.

Enclosure in No. 12.


Emigration Office, 10 October 1857.

IN obedience to the directions of the Secretary of State contained in your letter of the 30th ultimo, I have perused and considered an Ordinance passed by the Legislature of Mauritius in the month of July last, intituled, "No. 22. An Ordinance to amend the law relative to the engaging of newly-arrived Immigrants."

2. By the Ordinance, No. 15 of 1854, it was provided that from the immigrants brought to the Colony at the expense of Government, every employer should be entitled to receive a certain number fixed by authority with reference to the nature and extent of his property and the amount of the immigration.

3. But as the planters are generally anxious to obtain more than their authorised number, it was also provided by the 6th and 7th clauses of the same Ordinance, that any employer might obtain more than his quota by paying an additional sum of 3 l. a head on the


4. The Ordinance, No. 12 of 1855, in order to encourage private persons to import immigrants at their own expense (though through the agency of Government), provided that any planter might despatch through the immigration agent at Mauritius to the emigration agent at Calcutta, a requisition for extra immigrants to be introduced at the expense of the requisitionist; which immigrants would accordingly (subject to certain conditions) be allotted to him on their arrival.

5. It appears by the report of the Immigration Committee of the Chamber of Agriculture, that the latter Ordinance has become a dead letter; obviously because the terms on which it enables planters to get an extra number of immigrants are less advantageous to him than those held out by the Ordinance of 1854; and the immigration agent (in a report which is not sent home) states that the effect of this latter Ordinance is to aggravate the evils notoriously arising from the keenness with which planters compete for the services of immigrants.

6. The Legislative Council accordingly has passed an Ordinance repealing the 6th and 7th Clauses of the Ordinance, No. 15 of 1854, and making provisions analogous to those of No. 12 of 1855, which, however, it leaves in force.

7. The Ordinance provides that any person who chooses to pay to Government the cost of introducing any newly-arrived immigrant, and of a proportionate number of females, may have these people allotted to him out of the Government immigration, over and above his quota, and that if the immigrants leave him at the end of their three years' engagement, he will be entitled to receive any tax paid to the public on account of those immigrants during the two last years of their industrial residence, amounting to not less than 30 s. or more than 60 s.

8. The Committee of the Chamber of Agriculture object to this arrangement, principally, as I understand, because, assuming five years' labour to be a fair equivalent for the cost of introduction, they consider that a planter to whom an immigrant is only allotted for three years certain, should not be called upon to pay for more than three-fifths of that cost.

9. They would prefer, however, that this difficulty should be met by authorising engagements for the full term of the industrial residence.

10. In default of this they propose, that if the labourer changes his employer at the end of three years' service, the second employer should pay to the first two-fifths (with interest) of the cost of introduction.

11. To this the Governor has not acceded, because it virtually interferes with the rights secured to the labourer under the present law.

12. It appears further, that the immigration agent proposed that the system of private recruiting should be stopped. The Chamber of Agriculture admit the evils which result from the recruiting system, but the Governor concurs with them in thinking such a stoppage unadvisable.

13. It also appears that the money obtained from individual planters on account of labourers introduced as part of the Government quota, but allotted as extra men, is not applied with sufficient promptitude in bringing out fresh Government immigrants; a provision to remedy this is inserted in the Ordinance.

14. It will be observed that this Ordinance does not in any degree affect the rights of the coolies, but only the mode of dividing the expense of immigration between the individual employers and the public purse.

15. Considered in this point of view, it seems to me that there is some force in the argument of the Chamber of Agriculture. I can indeed have no doubt that in the course of a three years' indenture the planter is amply repaid for the 6 7. or 8 l. which that indenture will cost him, even independently of the sum which he may possibly recover from GovernmentBut since the Indian is bound, in return for his free passage, to give the public five years' labour, of which the individual to whom he is first allotted is only to receive three, there is a certain inequality in requiring the first employer to advance the whole cost of importation.

16. The matter, however, is one on which it appears to me far best to accept the decision of the Local Legislature, unless the Home Government is expressly called upon to interfere; which is not the case. And even if the measure is capable of improvement, it would be best to leave those improvements to be suggested by experience, and to originate with the colonists or the Local Government.

17. I would, therefore, recommend that the Ordinance should be simply confirmed without adverting to the slight difference of opinion which exists between the Governor and the Chamber of Agriculture.

18. It might, however, be desirable to request the Governor to send home a copy of the Protector's Report which has led to the passing of this Ordinance. An exact understanding of the mode in which the recruiting system is worked at Mauritius would be very useful with reference to the West Indian immigration. It appears that difficulties are felt at Mauritius respecting the allocation of immigrants which do not exist in the West Indies, and which seem, in some degree, connected with the employment of recruiters on behalf of private persons.

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I have, &c. (signed)

Frederic Rogers.

(No. 58.)

COPY of a DESPATCH from the Right Honourable H. Labouchere, M. P. to Governor Stevenson.

Downing-street, 22 October 1857.

Sir, I HAVE received your predecessor's Despatch, No. 140, of the 2d August, together with its enclosures, reporting the visit of Commodore Trotter to Madagascar, his boarding the English barque "Joker" in Boyanna Bay, and his opinion that the emigrant labourers whom he found on board of her had been slaves up to the moment of their embarkation.

I have already addressed you on this subject in my Despatch, No. 37, of the 5th instant. I was not then in receipt of the Despatch now before me, which explains what I did not then understand, how the captain of the "Joker" could be importing immigrants from Madagascar to Mauritius so lately as the month of May last under a license from the Mauritius Government; whereas Mr. Higginson had stated in his Despatch, No. 175, of the 14th October 1856, that he should issue no more licenses.

It now appears that the license granted to Captain Aps was issued so far back as the 20th August 1856. He is therefore, so far, not chargeable with any infraction of the law. It appears, however, from Commodore Trotter's


No. 13. Right Hon. H. Labouchere, M.P. to Gov. Stevenson. 22 October 1857.


No. 14. Right Hon. H. Labouchere, M.P. to Gov. Stevenson. 26 Nov. 1857. • Page 192. No. 23 of 1857. + Vide Appendix,

page 336.

Encl. in No. 14.

statement that Captain Aps has rendered himself liable to a heavy penalty under the Slave Trade Acts; and I am glad to find, therefore, that the Colonial Government was prepared to proceed against him in the event of his returning to Mauritius; and I assure myself that you will omit no means by which he may be brought to justice.

I have communicated Mr. Higginson's Despatch to the Foreign Office and to the Admiralty.

No. 23.

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I have, &c.

(signed) H. Labouchere.


Downing-street, 26 November 1857.

I HAVE received your predecessor's Despatch, No. 177,* of the 9th of September, forwarding an Ordinance "to amend the law as to the introduction and engagement of immigrants from territories not under the Government of the East India Company." †

I transmit to you the copy of a Report upon this Ordinance which has been furnished by the Emigration Commissioners. You will be pleased to regard as

5 November 1857 an Instruction from myself the remark in the 12th paragraph as to the neces


(No. 80.)

COPY of a DESPATCH from the Right Honourable H. Labouchere, M. P. to Governor Stevenson.

sity of submitting to the Secretary of State the regulations under which this immigration is to be carried on.

With regard to the proportion of females to be required at the commencement of the immigration, I can only sanction the very insufficient proportion suggested, viz. one female to every six men, on the condition that it shall be augmented so soon as the numbers introduced shall show that the first difficulties of opening a stream of emigration have been surmounted; and it must be regarded as permissible only in respect of the first 1,000 immigrants from any one region, the proportion required for coolies being requisite in respect of any further numbers.

The 11th section of the Ordinance fixes, by the intervention of a Government Board, not only the maximum passage money to be paid under the 10th section in cases where the person engaging the immigrants is not the person introducing them, but generally the payment to be made by the importers of the immigrants to the shipowners. This appears to be an objectionable interference between the parties; and I have to instruct you to suggest to the Council the expediency of amending the Ordinance in the above particular. Subject to the preceding remarks, I have no objection to the Ordinance; and I have to signify to you its confirmation and allowance by Her Majesty. I have, &c.

(signed) H. Labouchere.

Enclosure in No. 14.

Emigration Office, 5 November 1857.

WE have to acknowledge your letter of the 30th ultimo, enclosing a Despatch from the
Governor of Mauritius, and the copy of an Ordinance enacted by the Legislature of that
Colony, intituled, "No. 23 of 1857. An Ordinance to amend the Law as to the introduction
of Immigrants from Territories not under the Government of the East India Company."

2. In his Despatches of the 6th April and the 19th of June last, Mr. Labouchere instructed Sir James Higginson that the importation of Africans and coolies from Aden must be entirely discontinued, and he directed Sir James Higginson to take "steps for effecting any alteration of the law which might be requisite in order fully to empower him to repress, by the most vigorous measures, every form of immigration which was contrary to the national policy and to the conditions under which alone the introduction of immigrants of the coloured races had been sanctioned."

3. In order to give effect to these directions the present Ordinance (which is passed with a suspending clause) repeals all existing Proclamations and Ordinances in respect to immigration from territories not belonging to the East India Company, and enacts fresh provisions.

4. First, in order to secure to the Government the power of controlling any such emigration, and punishing misconduct, it is provided that no immigrants shall be introduced except in vessels licensed either by the Government or by some consular agent authorised


by the Governor to issue licenses. The license is to be limited to particular places, and to be good for one voyage only. If immigrants are introduced without license, or if the conditions of the license are broken, the "master, owner, and agent" of the ship are to be subject to penalties not exceeding 100 7. fine and six months' imprisonment for each immigrant on board (section 3). The Governor may also order the immigrants to be taken back to their country, and if allowed to land they may not be indentured for more than one year.

5. The Governor, with his Executive Council, is to frame regulations for carrying out the Ordinance, which are to have the same effect as if embodied in the Ordinance or in the ship's license.

6. The Protector of Immigrants is to board and inspect every immigrant vessel on its arrival, and either certify that the conditions of the license have been performed, or report to the Governor.

7. The specific provisions for the protection of the immigrants and reimbursement of their importers are the following.

8. The immigrant, on landing, is to be at once placed in charge of the Protector, and is not to leave the depôt till hired (Articles 8, 9), or till he has been in the depôt for 14 days. Before that period he may be indentured for three years, the person hiring him paying to the importer the cost of his importation (which charge is to be controlled by a Board containing a majority of Government officers), with an addition of 25 per cent. if he shall have been introduced under an arrangement to serve some other planter. After the expiration of 14 days he may be indentured for one year. In this case, as we understand the Ordinance, his employer need not have actually made the required payment to the importer (Article 9), but will remain liable to it (Article 13) if the engagement is a written one.

9. We do not exactly understand how these provisions will work; but they seem calculated to place the immigrant (acting under the advice of the Protector) in a position of much advantage.

10. Penalties are imposed on persons feeding or treating the immigrants improperly when on shipboard, or confining them when on shore; the laws defining the relations between coolies and their employers are extended to labourers introduced under this Ordinance, and provision is made for proof of marriages.

11. This Ordinance appears to place the control of emigration in the hands of the Executive, and may, we apprehend, be properly sanctioned. As it is passed with a suspending clause, an express sanction will be required in order to bring it into operation.

12. The regulations under which immigration is to be carried on must of course be submitted to the Secretary of State, nor must immigration be authorised from any place not previously approved by him. On these heads, practical questions of considerable importance may arise; the only point, however, on which any present decision is required, concerns the proportion of females; and we should concur with Governor Higginson, in thinking that in the infancy of an immigration it would not be necessary, or indeed reasonable, to require more than one female to every six men; if that proportion can be attained at first (which we imagine it rarely can), there will probably be little difficulty in raising it afterwards.

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(No. 105.)

COPY of a DESPATCH from the Right Honourable H. Labouchere, M. P. to Governor Stevenson.

Downing-street, 19 January 1858.
I HAVE to acknowledge the receipt of your predecessor's Despatch of the 9th
September last, No. 179,* transmitting an Ordinance passed by the Governor
and Council of Mauritius, entitled, "An Ordinance for preventing the Illegal
Introduction of Indian Immigrants."

I have to convey to you Her Majesty's gracious confirmation and allowance of this Ordinance.

I transmit to you for your information a copy of a letter from the secretary to the Court of East India Directors to the India Board on the subject.

I have, &c. (signed)

Enclosure in No. 15.

H. Labouchere.

East India House, 31 December 1857.

Sir, 1. I HAVE laid before the Court of Directors Sir George Clerk's letter, dated 25th ult., forwarding correspondence received from the Colonial Office, together with an Ordinance proposed by the Legislature of Mauritius, to prevent the illegal introduction of coolies from India into the colony, and requesting the opinion of the Court on the Ordinance in question.


No. 15.

Right Hon. H. Labouchere, M.P. to Gov. Stevenson, 19 June 1858.

Page 193.
No. 26 of 1857.

31 Dec. 1857. Enclosure.

Encl. in No. 15.

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