As to the third charge, I must tell the right honourable Baronet that

he has altogether misapprehended that memorandum which he so confidently

cites. The Duke of Wellington did not advise the Government to station a

ship of war constantly in the China seas. The Duke, writing in 1835,

at a time when the regular course of the trade had been interrupted,

recommended that a ship of war should be stationed near Canton, "till

the trade should take its regular peaceable course." Those are His

Grace's own words. Do they not imply that, when the trade had again

taken its regular peaceable course, it might be right to remove the ship

of war? Well, Sir, the trade, after that memorandum was written, did

resume its regular peaceable course: that the right honourable Baronet

himself will admit; for it is part of his own case that Sir George

Robinson had succeeded in restoring quiet and security. The third charge

then is simply this, that the Ministers did not do in a time of perfect

tranquillity what the Duke of Wellington thought that it would have been

right to do in a time of trouble.

And now, Sir, I come to the fourth charge, the only real charge; for

the other three are so futile that I hardly understand how the right

honourable Baronet should have ventured to bring them forward.

The fourth charge is, that the Ministers omitted to send to the

Superintendent orders and powers to suppress the contraband trade, and

that this omission was the cause of the rupture.

Now, Sir, let me ask whether it was not notorious, when the right

honourable Baronet was in office, that British subjects carried on an

extensive contraband trade with China? Did the right honourable Baronet

and his colleagues instruct the Superintendent to put down that trade?

Never. That trade went on while the Duke of Wellington was at the

Foreign Office. Did the Duke of Wellington instruct the Superintendent

to put down that trade? No, Sir, never. Are then the followers of the

right honourable Baronet, are the followers of the Duke of Wellington,

prepared to pass a vote of censure on us for following the example of

the right honourable Baronet and of the Duke of Wellington? But I am

understating my case. Since the present Ministers came into office, the

reasons against sending out such instructions were much stronger than

when the right honourable Baronet was in office, or when the Duke of

Wellington was in office. Down to the month of May 1838, my noble friend

had good grounds for believing that the Chinese Government was about

to legalise the trade in opium. It is by no means easy to follow the

windings of Chinese politics. But, it is certain that about four years

ago the whole question was taken into serious consideration at Pekin.

The attention of the Emperor was called to the undoubted fact, that the

law which forbade the trade in opium was a dead letter. That law had

been intended to guard against two evils, which the Chinese legislators

seem to have regarded with equal horror, the importation of a noxious

drug, and the exportation of the precious metals. It was found, however,

that as many pounds of opium came in, and that as many pounds of silver

went out, as if there had been no such law. The only effect of the

prohibition was that the people learned to think lightly of imperial

edicts, and that no part of the great sums expended in the purchase

of the forbidden luxury came into the imperial treasury. These

considerations were set forth in a most luminous and judicious state

paper, drawn by Tang Tzee, President of the Sacrificial Offices. I am

sorry to hear that this enlightened Minister has been turned out of

office on account of his liberality: for to be turned out of office is,

I apprehend, a much more serious misfortune in China than in England.

Tang Tzee argued that it was unwise to attempt to exclude opium, for

that, while millions desired to have it, no law would keep it out, and

that the manner in which it had long been brought in had produced an

injurious effect both on the revenues of the state and on the morals of

the people. Opposed to Tang Tzee was Tchu Sing, a statesman of a very

different class, of a class which, I am sorry to say, is not confined to

China. Tchu Sing appears to be one of those staunch conservatives who,

when they find that a law is inefficient because it is too severe,

imagine that they can make it efficient by making it more severe still.

His historical knowledge is much on a par with his legislative wisdom.

He seems to have paid particular attention to the rise and progress of

our Indian Empire, and he informs his imperial master that opium is

the weapon by which England effects her conquests. She had, it seems,

persuaded the people of Hindostan to smoke and swallow this besotting

drug, till they became so feeble in body and mind, that they were

subjugated without difficulty. Some time appears to have elapsed before

the Emperor made up his mind on the point in dispute between Tang Tzee

and Tchu Sing. Our Superintendent, Captain Elliot, was of opinion that

the decision would be in favour of the rational view taken by Tang Tzee;

and such, as I can myself attest, was, during part of the year 1837, the

opinion of the whole mercantile community of Calcutta. Indeed, it was

expected that every ship which arrived in the Hoogley from Canton would

bring the news that the opium trade had been declared legal. Nor was

it known in London till May 1838, that the arguments of Tchu Sing had

prevailed. Surely, Sir, it would have been most absurd to order Captain

Elliot to suppress this trade at a time when everybody expected that it

would soon cease to be contraband. The right honourable Baronet must,

I think, himself admit that, till the month of May 1838, the Government

here omitted nothing that ought to have been done.

The question before us is therefore reduced to very narrow limits. It

is merely this: Ought my noble friend, in May 1838, to have sent out a

despatch commanding and empowering Captain Elliot to put down the opium

trade? I do not think that it would have been right or wise to send

out such a despatch. Consider, Sir, with what powers it would have been

necessary to arm the Superintendent. He must have been authorised to

arrest, to confine, to send across the sea any British subject whom he

might believe to have been concerned in introducing opium into China. I

do not deny that, under the Act of Parliament, the Government might have

invested him with this dictatorship. But I do say that the Government

ought not lightly to invest any man with such a dictatorship, and, that

if, in consequence of directions sent out by the Government, numerous

subjects of Her Majesty had been taken into custody and shipped off to

Bengal or to England without being permitted to wind up their affairs,

this House would in all probability have called the Ministers to a

strict account. Nor do I believe that by sending such directions the

Government would have averted the rupture which has taken place. I will

go further. I believe that, if such directions had been sent, we should

now have been, as we are, at war with China; and that we should have

been at war in circumstances singularly dishonourable and disastrous.

For, Sir, suppose that the Superintendent had been authorised and

commanded by the Government to put forth an order prohibiting British

subjects from trading in opium; suppose that he had put forth such an

order; how was he to enforce it? The right honourable Baronet has had

too much experience of public affairs to imagine that a lucrative trade

will be suppressed by a sheet of paper and a seal. In England we have a

preventive service which costs us half a million a year. We employ more

than fifty cruisers to guard our coasts. We have six thousand effective

men whose business is to intercept smugglers. And yet everybody knows

that every article which is much desired, which is easily concealed, and

which is heavily taxed, is smuggled into our island to a great extent.

The quantity of brandy which comes in without paying duty is known to

be not less than six hundred thousand gallons a year. Some people think

that the quantity of tobacco which is imported clandestinely is as great

as the quantity which goes through the custom-houses. Be this as it may,

there is no doubt that the illicit importation is enormous. It has been

proved before a Committee of this House that not less than four millions

of pounds of tobacco have lately been smuggled into Ireland. And all

this, observe, has been done in spite of the most efficient preventive

service that I believe ever existed in the world. Consider too that the

price of an ounce of opium is far, very far higher than the price of a

pound of tobacco. Knowing this, knowing that the whole power of King,

Lords, and Commons cannot here put a stop to a traffic less easy, and

less profitable than the traffic in opium, can you believe that an

order prohibiting the traffic in opium would have been readily obeyed?

Remember by what powerful motives both the buyer and the seller would

have been impelled to deal with each other. The buyer would have been

driven to the seller by something little short of torture, by a physical

craving as fierce and impatient as any to which our race is subject.

For, when stimulants of this sort have been long used, they are desired

with a rage which resembles the rage of hunger. The seller would have

been driven to the buyer by the hope of vast and rapid gain. And do

you imagine that the intense appetite on one side for what had become a

necessary of life, and on the other for riches, would have been appeased

by a few lines signed Charles Elliot? The very utmost effect which it

is possible to believe that such an order would have produced would

have been this, that the opium trade would have left Canton, where the

dealers were under the eye of the Superintendent, and where they would

have run some risk of being punished by him, and would have spread

itself along the coast. If we know anything about the Chinese

Government, we know this, that its coastguard is neither trusty nor

efficient; and we know that a coastguard as trusty and efficient as

our own would not be able to cut off communication between the merchant

longing for silver and the smoker longing for his pipe. Whole fleets

of vessels would have managed to land their cargoes along the shore.

Conflicts would have arisen between our countrymen and the local

magistrates, who would not, like the authorities of Canton, have

had some knowledge of European habits and feelings. The mere malum

prohibitum would, as usual, have produced the mala in se. The unlawful

traffic would inevitably have led to a crowd of acts, not only unlawful,

but immoral. The smuggler would, by the almost irresistible force of

circumstances, have been turned into a pirate. We know that, even at

Canton, where the smugglers stand in some awe of the authority of the

Superintendent and of the opinion of an English society which contains

many respectable persons, the illicit trade has caused many brawls and

outrages. What, then, was to be expected when every captain of a ship

laden with opium would have been the sole judge of his own conduct? It

is easy to guess what would have happened. A boat is sent ashore to fill

the water-casks and to buy fresh provisions. The provisions are refused.

The sailors take them by force. Then a well is poisoned. Two or three

of the ship's company die in agonies. The crew in a fury land, shoot

and stab every man whom they meet, and sack and burn a village. Is this

improbable? Have not similar causes repeatedly produced similar effects?

Do we not know that the jealous vigilance with which Spain excluded the

ships of other nations from her Transatlantic possessions turned men who

would otherwise have been honest merchant adventurers into buccaneers?

The same causes which raised up one race of buccaneers in the Gulf of

Mexico would soon have raised up another in the China Sea. And can

we doubt what would in that case have been the conduct of the Chinese

authorities at Canton? We see that Commissioner Lin has arrested and

confined men of spotless character, men whom he had not the slightest

reason to suspect of being engaged in any illicit commerce. He did so on

the ground that some of their countrymen had violated the revenue

laws of China. How then would he have acted if he had learned that

the red-headed devils had not merely been selling opium, but had been

fighting, plundering, slaying, burning? Would he not have put forth

a proclamation in his most vituperative style, setting forth that the

Outside Barbarians had undertaken to stop the contraband trade, but that

they had been found deceivers, that the Superintendent's edict was a

mere pretence, that there was more smuggling than ever, that to the

smuggling had been added robbery and murder, and that therefore he

should detain all men of the guilty race as hostages till reparation

should be made? I say, therefore, that, if the Ministers had done that

which the right honourable Baronet blames them for not doing, we should

only have reached by a worse way the point at which we now are.

I have now, Sir, gone through the four heads of the charge brought

against the Government; and I say with confidence that the interruption

of our friendly relations with China cannot justly be imputed to any one

of the omissions mentioned by the right honourable Baronet. In truth, if

I could feel assured that no gentleman would vote for the motion without

attentively reading it, and considering whether the proposition which it

affirms has been made out, I should have no uneasiness as to the

result of this debate. But I know that no member weighs the words of a

resolution for which he is asked to vote, as he would weigh the words

of an affidavit which he was asked to swear. And I am aware that

some persons, for whose humanity and honesty I entertain the greatest

respect, are inclined to divide with the right honourable Baronet, not

because they think that he has proved his case, but because they have

taken up a notion that we are making war for the purpose of forcing

the Government of China to admit opium into that country, and that,

therefore, we richly deserve to be censured. Certainly, Sir, if we

had been guilty of such absurdity and such atrocity as those gentlemen

impute to us, we should deserve not only censure but condign punishment.

But the imputation is altogether unfounded. Our course was clear. We may

doubt indeed whether the Emperor of China judged well in listening to

Tchu Sing and disgracing Tang Tzee. We may doubt whether it be a wise

policy to exclude altogether from any country a drug which is often

fatally abused, but which to those who use it rightly is one of the

most precious boons vouchsafed by Providence to man, powerful to assuage

pain, to soothe irritation, and to restore health. We may doubt whether

it be a wise policy to make laws for the purpose of preventing the

precious metals from being exported in the natural course of trade. We

have learned from all history, and from our own experience, that revenue

cutters, custom-house officers, informers, will never keep out of any

country foreign luxuries of small bulk for which consumers are willing

to pay high prices, and will never prevent gold and silver from going

abroad in exchange for such luxuries. We cannot believe that what

England with her skilfully organised fiscal system and her gigantic

marine, has never been able to effect, will be accomplished by the junks

which are at the command of the mandarins of China. But, whatever our

opinion on these points may be, we are perfectly aware that they are

points which it belongs not to us but to the Emperor of China to decide.

He had a perfect right to keep out opium and to keep in silver, if he

could do so by means consistent with morality and public law. If his

officers seized a chest of the forbidden drug, we were not entitled to

complain; nor did we complain. But when, finding that they could not

suppress the contraband trade by just means, they resorted to means

flagrantly unjust, when they imprisoned our innocent countrymen, when

they insulted our Sovereign in the person of her representative, then

it became our duty to demand satisfaction. Whether the opium trade be

a pernicious trade is not the question. Take a parallel case: take the

most execrable crime that ever was called a trade, the African slave

trade. You will hardly say that a contraband trade in opium is more

immoral than a contraband trade in negroes. We prohibited slave-trading:

we made it felony; we made it piracy; we invited foreign powers to join

with us in putting it down; to some foreign powers we paid large sums

in order to obtain their co-operation; we employed our naval force to

intercept the kidnappers; and yet it is notorious that, in spite of all

our exertions and sacrifices, great numbers of slaves were, even as

late as ten or twelve years ago, introduced from Madagascar into our

own island of Mauritius. Assuredly it was our right, it was our duty, to

guard the coasts of that island strictly, to stop slave ships, to bring

the buyers and sellers to punishment. But suppose, Sir, that a ship

under French colours was seen skulking near the island, that the

Governor was fully satisfied from her build, her rigging, and her

movements, that she was a slaver, and was only waiting for the night to

put on shore the wretches who were in her hold. Suppose that, not having

a sufficient naval force to seize this vessel, he were to arrest thirty

or forty French merchants, most of whom had never been suspected of

slave-trading, and were to lock them up. Suppose that he were to lay

violent hands on the French consul. Suppose that the Governor were

to threaten to starve his prisoners to death unless they produced the

proprietor of the slaver. Would not the French Government in such a case

have a right to demand reparation? And, if we refused reparation, would

not the French Government have a right to exact reparation by arms? And

would it be enough for us to say, "This is a wicked trade, an inhuman

trade. Think of the misery of the poor creatures who are torn from their

homes. Think of the horrors of the middle passage. Will you make war in

order to force us to admit slaves into our colonies?" Surely the answer

of the French would be, "We are not making war in order to force you

to admit slaves into the Mauritius. By all means keep them out. By

all means punish every man, French or English, whom you can convict of

bringing them in. What we complain of is that you have confounded

the innocent with the guilty, and that you have acted towards the

representative of our government in a manner inconsistent with the law

of nations. Do not, in your zeal for one great principle, trample on all

the other great principles of morality." Just such are the grounds on

which Her Majesty has demanded reparation from China. And was it not

time? See, Sir, see how rapidly injury has followed injury. The Imperial

Commissioner, emboldened by the facility with which he had perpetrated

the first outrage, and utterly ignorant of the relative position of his

country and ours in the scale of power and civilisation, has risen in

his requisitions. He began by confiscating property. His next demand was

for innocent blood. A Chinese had been slain. Careful inquiry was made;

but it was impossible to ascertain who was the slayer, or even to

what nation the slayer belonged. No matter. It was notified to the

Superintendent that some subject of the Queen, innocent or guilty, must

be delivered up to suffer death. The Superintendent refused to comply.

Then our countrymen at Canton were seized. Those who were at Macao

were driven thence: not men alone, but women with child, babies at the

breast. The fugitives begged in vain for a morsel of bread. Our Lascars,

people of a different colour from ours, but still our fellow-subjects,

were flung into the sea. An English gentleman was barbarously mutilated.

And was this to be borne? I am far from thinking that we ought, in our

dealings with such a people as the Chinese, to be litigious on points

of etiquette. The place of our country among the nations of the world is

not so mean or so ill ascertained that we need resent mere impertinence,

which is the effect of a very pitiable ignorance. Conscious of superior

power, we can bear to hear our Sovereign described as a tributary of the

Celestial Empire. Conscious of superior knowledge we can bear to hear

ourselves described as savages destitute of every useful art. When our

ambassadors were required to perform a prostration, which in Europe

would have been considered as degrading, we were rather amused than

irritated. It would have been unworthy of us to have recourse to arms on

account of an uncivil phrase, or of a dispute about a ceremony. But this

is not a question of phrases and ceremonies. The liberties and lives of

Englishmen are at stake: and it is fit that all nations, civilised and

uncivilised, should know that, wherever the Englishman may wander, he is

followed by the eye and guarded by the power of England.

I was much touched, and so, I dare say, were many other gentlemen, by

a passage in one of Captain Elliot's despatches. I mean that passage in

which he describes his arrival at the factory in the moment of extreme

danger. As soon as he landed he was surrounded by his countrymen, all

in an agony of distress and despair. The first thing which he did was

to order the British flag to be brought from his boat and planted in

the balcony. The sight immediately revived the hearts of those who had

a minute before given themselves up for lost. It was natural that they

should look up with hope and confidence to that victorious flag. For it

reminded them that they belonged to a country unaccustomed to defeat, to

submission, or to shame; to a country which had exacted such reparation

for the wrongs of her children as had made the ears of all who heard

of it to tingle; to a country which had made the Dey of Algiers humble

himself to the dust before her insulted Consul; to a country which had

avenged the victims of the Black Hole on the Field of Plassey; to a

country which had not degenerated since the Great Protector vowed that

he would make the name of Englishman as much respected as ever had been

the name of Roman citizen. They knew that, surrounded as they were by

enemies, and separated by great oceans and continents from all help, not

a hair of their heads would be harmed with impunity. On this part of the

subject I believe that both the great contending parties in this House

are agreed. I did not detect in the speech of the right honourable

Baronet,--and I listened to that speech with the closest attention,--one

word indicating that he is less disposed than we to insist on full

satisfaction for the great wrong which has been done. I cannot believe

that the House will pass a vote of censure so grossly unjust as that

which he has moved. But I rejoice to think that, whether we are censured

or not, the national honour will still be safe. There may be a change of

men; but, as respects China, there will be no change of measures. I have

done; and have only to express my fervent hope that this most righteous

quarrel may be prosecuted to a speedy and triumphant close; that the

brave men to whom is intrusted the task of exacting reparation may

perform their duty in such a manner as to spread, throughout regions

in which the English name is hardly known, the fame not only of English

skill and valour, but of English mercy and moderation; and that the

overruling care of that gracious Providence which has so often brought

good out of evil may make the war to which we have been forced the means

of establishing a durable peace, beneficial alike to the victors and the

vanquished.

*****

COPYRIGHT. (FEBRUARY 5, 1841) A SPEECH DELIVERED IN THE HOUSE OF COMMONS

ON THE 5TH OF FEBRUARY 1841.

On the twenty-ninth of January 1841, Mr Serjeant Talfourd obtained leave

to bring in a bill to amend the law of copyright. The object of this

bill was to extend the term of copyright in a book to sixty years,

reckoned from the death of the writer.

On the fifth of February Mr Serjeant Talfourd moved that the bill should

be read a second time. In reply to him the following Speech was made.

The bill was rejected by 45 votes to 38.

Though, Sir, it is in some sense agreeable to approach a subject with

which political animosities have nothing to do, I offer myself to your

notice with some reluctance. It is painful to me to take a course which

may possibly be misunderstood or misrepresented as unfriendly to the

interests of literature and literary men. It is painful to me, I will

add, to oppose my honourable and learned friend on a question which

he has taken up from the purest motives, and which he regards with a

parental interest. These feelings have hitherto kept me silent when

the law of copyright has been under discussion. But as I am, on full

consideration, satisfied that the measure before us will, if adopted,

inflict grievous injury on the public, without conferring any

compensating advantage on men of letters, I think it my duty to avow

that opinion and to defend it.

Miscellaneous Writings and Speeches — Volume 4 · 第 18 / 45 段