Heathen Slaves and Christian Rulers Part 5

A-Neung, first defendant, declared that she was "a widow, supported by her son-in-law now in California. Mine is a family house. The girls are visitors at my house." The second defendant, Tai-Ku, daughter of the preceding, declared herself to be a married woman, and that her husband was in California, on a steamer; that the girls were not hers, and that she was "not in the habit of sending girls to California." The third defendant deposed that she came from Canton to ask A-Neung for some money, and added: "I never buy and sell girls." Fourth defendant claimed to be utterly ignorant of the girls being sent to California, and said she was supported by Tai-Ku; the fifth defendant declared she knew nothing of the buying and selling of girls; and the sixth defendant claimed she had gone to the house to obtain the payment of a debt; she was discharged.

The sentence was:--First, second, third, fourth and fifth defendants to find two securities, householders, in $500 each, to appear at any time within the next six months, to answer any charge in any court in the Colony.

Whether the girls were sent to California to swell the number of wretched slaves on the Pacific Coast, or remained in slavery in Hong Kong, there is no record to be found; nor, even with abundant evidence concerning this licensed brothel which the Inspector himself declared he was long familiar with as a place "where young girls were kept to be s.h.i.+pped off to California," and with the evident collusion between A-Neung and Tai-Ku with the son-in-law and husband respectively of the two women, situated most favorably on a steamer for managing this wicked business at the California end of the line, and with all the testimony of the neighbors and the girls, yet no effort was made by the Registrar-General to punish these people for trafficking in human flesh.

5. An old man complained before the Registrar-General, that his granddaughter, A-Ho, had got into debt because of sickness, and in order to pay the money, she was induced by an uncle of Su-a-Kiu to apply to the latter for help. Su-a-Kiu promised to advance her the money, $52, if A-Ho would serve her eight months in a brothel kept by a "friend" of the woman in Singapore. A-Ho's stress was so great that she entered into these hard terms, the woman paying her $52 at the steamer, as it was going, and A-Ho handed it to her grandfather to pay her debt. A-Ho left on the "26th of the 8th moon" for Singapore. On the evening of "the fourth day of the 10th moon" he received a letter from A-Ho to the effect that she had been sold for $250, to another party. When the grandfather went to Su-a-Kiu and asked her why she had sold his granddaughter, she cajoled him by promising to take him to Singapore to see A-Ho.

Later, the man who lived with Su-a-Kiu, came and threatened to accuse him of extortion, acknowledging of himself that he "lived by selling women into brothels of Singapore." The grandfather reported the case to the Registrar-General. The woman Su-a-Kiu stated: "I took A-Ho to Singapore. I took her to the "Sai-s.h.i.+ng-Tong Brothel" in Macao Street. She is still in that brothel." The Registrar-General ordered her to find security in the sum of $100 to appear to answer any charge within the next three months. The grandfather was also ordered to find similar security in the sum of $70.

The girl A-Ho, in seeking to pay her debt contracted through sickness, by servitude for eight months, was entrapped and sold as a slave for life, and the Registrar-General, when acquainted with the facts, seems to have taken no steps to punish this slave-trader. Governor Hennessey, in calling the attention of the Home Government to these, out of many similar ones, says: "The accompanying extracts from the printed evidence [taken by the Commission] show that the Registrar-General's Department was not ignorant of the fact that Chinese women were purchased for Hong Kong brothels, and that the head of the Department thought it useless to try to deal with the question of the freedom of such women.... That the buying and selling was not confined to places outside the Colony is clear from the evidence of other witnesses, and from the notes of cases taken by the Registrar-General himself. It will also be seen that where the persons guilty of such offences were sometimes punished, it was generally for some minor offence, such as not keeping a correct list of inmates, or for an a.s.sault."

Doubtless slavery would spring into prominence in almost any land when once it became known that in places actually licensed by Government, such as were the houses of ill-fame at Hong Kong, where the inspectors made almost daily visits, slaves could be held with impunity, and that when slave girls made a complaint, and their cases were actually brought into court, charging the buying and selling of human beings, the officers of the law would ignore the complaints.

CHAPTER 7.

OTHER DERELICT OFFICIALS.

The Registrar General was not the only official at Hong Kong who did not believe in the extermination of slavery, as we shall proceed to show, although the Governor had strong sympathy from the Chief Justice.

On May 30th, 1879, Sir John Smale, Chief Justice of the Colony of Hong Kong, wrote a letter for the information of the Governor, Sir John Pope Hennessy, to the effect that he had sentenced, on the previous day, two poor women to imprisonment with hard labor, for detaining a boy 13 years old. The women sold the little boy to a druggist for $17.50. The relatives traced their lost boy, came from Canton and claimed him, but the druggist refused to give him up, producing a bill of sale, and the boy was not given up until they appeared in the police court. The Chief Justice adds:

"I am satisfied from the evidence that the great criminal is this druggist, and that it is an opprobrium to the administration of justice to punish these poor women as I have done, and allow the druggist to escape. I therefore ask His Excellency to direct that proceedings be forthwith taken against the man, and that the case be conducted at the magistracy by the Crown Solicitor, so that he may be committed for trial before the Supreme Court."

He then speaks of a case of a woman whom he sentenced on May 6th, 1879, to two years' imprisonment with hard labor for stealing a female child. He adds:

"The woman was merely a middle woman, and received a small sum, but it came out in the evidence that Leung A-Luk had bought the child for $53, and was actually confining her in a room where the child was discovered. She was the great criminal. It is an opprobrium to justice to punish this poor woman, and to allow Leung A-Luk to go unpunished. I am aware that, according to precedents here and at home, it is within the province of the presiding judge to direct prosecutions such as these to be inst.i.tuted, but I think it more convenient to ask His Excellency, as the head of the Executive (whose province it especially is to originate criminal proceedings) to direct prosecution. To let these chief offenders go unprosecuted, and to punish such miserable creatures, exposes the court to the contempt of the community, and tends to destroy all respect for the administration of justice in the Chinese community."

Accordingly the Governor forwarded this request on the part of the Chief Justice to the Attorney General, saying: "It is clear from the evidence and from doc.u.ments published by the Contagious Diseases Commission that practices of this kind have prevailed unchecked, or almost unchecked, for many years past in this Colony." The Governor then referred to a case in point that he had submitted to the former Attorney General, but he "did not seem disposed to enforce the rights of the father, on the ground that he had sold the child." The Governor concludes: "I did not agree with his view of the law."

The last case was referred back to the Acting Police Magistrate to know why the woman, Leung A-Luk, was allowed to go unprosecuted. The Police Magistrate replied: "It appeared to me that 4th defendant (Leung A-Luk) being a well-to-do woman, and having no children of her own, had purchased the girl with a view to adopting her." He adds: "When Acting Superintendent of Police last year, I wished to prosecute a man for detaining a child ... but as it was shown that the boy had been sold by his father some months previously, the Attorney General considered the purchaser was _in loco parentis_, [in the place of a parent] and could not be purchased."

On the two cases to which the attention of the Governor had been brought, the Attorney General reported:

"With the greatest respect for the Chief Justice, I doubt the policy of prosecuting the woman he refers to, having regard to the fact that the magistrate had discharged her for want of testimony, and looking to his further report. The magistrate should always be supported if possible; and if he discharged the woman, and put her at the bar as a witness, and she was used again at the Supreme Court, it might look like a breach of good faith to treat her now as a criminal.... As to the druggist's case, I think that the only thing that can be said is that it would look to be a breach of faith to proceed against him now."

When the case was referred to the Crown Solicitor, he said:

"As to the druggist the parties had now left the Colony, and there were no witnesses against him. The purchase by Chinese of young orphans, and indeed of others whose parents are too poor to keep them, is a social custom amongst the natives, and is of constant occurrence in Hong Kong. These 'pocket-children,' as they are usually termed, are often treated with great affection, and are far better off than they were previous to their being so bought."

It was the 30th of May when the Chief Justice called the Governor's attention to these cases. It was July before the Attorney General and the Crown Solicitor seem to have paid any attention to the cases. It was no wonder, then, that some of the witnesses could not be found.

Meanwhile the Governor had left the Colony for a trip to j.a.pan, and W.H. Marsh was acting in his place. On July 16th, he returned answer to the Chief Justice that he had now received a report on the cases from the Attorney General, the committing magistrate and the Crown Solicitor, and

"I regret to inform you that ... I do not see my way to directing the prosecutions of the two persons indicated by you; first ...

because I do not agree with you in looking upon them as the princ.i.p.al criminals; and, secondly, because I think that after the evidence of these persons has been taken both before the committing magistrate and the Supreme Court without any warning having been given them that their evidence might be used against them, it would appear like a breach of faith to treat them now as criminals." "Should the prosecution of these persons result in their acquittal, which seems to me not improbable, I fear that the good effect produced by the severe reprimand, which I understand that your Honor administered publicly to all the parties concerned in these two cases, might be to a great extent neutralized." (!)

On September 29th, 1879, the Chief Justice sentenced more criminals for trafficking in children. A j.a.panese girl, Sui Ahing, eleven years old, was brought to the Colony by a Chinaman who had bought the child in j.a.pan of its parents. Needing money to go on to his native place, this Chinaman borrowed $50 of a native resident at Hong Kong, and left the child as security for the debt. The wife of the man in whose custody the child was left beat the child severely and she ran out of the house. She was found wandering on the street late at night, and the finder took her and sold her to another Chinese party, who threatened to send her to Singapore as a prost.i.tute. It was plain the last purchaser intended either to send her to Singapore or keep her at Hong Kong for vile purposes. This case ill.u.s.trates well the frequency with which children are sold and re-sold in that country. The parties to the last transaction, the finder of the child and the purchaser of the child from the finder, were both found guilty, one of selling, the other of buying a child for the purposes of prost.i.tution. His Lords.h.i.+p, the Chief Justice, said:

"I will call upon the prisoners at another time. This is a case of far larger proportions than the guilt or innocence of the two prisoners at the bar. I take shame to myself that the appalling extent of kidnaping, buying and selling slaves for what I may call ordinary servile purposes, and the buying and selling young females for worse than ordinary slavery, has not presented itself before to me in the light it ought. It seems to me that it has been recognized and accepted as an ordinary out-turn of Chinese habits, and thus that until special attention has been excited it has escaped public notice. But recently the abomination has forced itself on my notice. In some cases convictions have been had; in two notable instances, although I called for prosecution, the criminals escaped. They were Chinese in respectable positions, and I was given to understand that buying children by respectable Chinamen as servants was according to Chinese customs, and that to attempt to put it down would be to arouse the prejudices of the Chinese. The practice is on the increase. It is in this port, and in this Colony especially, that the so-called Chinese custom prevails. Under the English flag, slavery, it has been said, does not, cannot ever be. Under that flag it does exist in this Colony, and is, I believe, at this moment more openly practiced than at any former period of its history. Cyprus has been under our rule for about a year, and already, both in the House of Commons and in the House of Lords, questions have been asked, and the Members of the present Ministry have a.s.sured the country that slavery in every form shall be speedily put down there. Humanity is of no party, and personal liberty is held to be the right of every human being under English law, by, I believe, every man of note in England. My recent pleasant personal experience in England a.s.sures me of that. But here in Hong Kong, I believe that domestic slavery exists in fact to a great extent. Whatever the law of China may be, the law of England must prevail here. If Chinamen are willing to submit to the law, they may remain, but on condition of obeying the law, whether it accords with their notions of right or wrong or not; and, if remaining they act contrary to the law, they must take the consequences.... I shall deal with these people when I shall have more fully considered the case."

During the proceedings of the trial of these two prisoners, the Attorney General had declared his intention not to call the former owners of the child, Wai Alan, the woman who beat the child, or Pao Chee Wan, her husband. The Chief Justice now said:

"I now direct you, Mr. Attorney General, to prosecute these two people, Pao Chee Wan and Wai Alan." Attorney General:--"My Lord, I intimated before that this matter was under consideration; I do not think I am at liberty to say under whose consideration."

His Lords.h.i.+p:--"I direct the prosecution, and will take the responsibility. It is the course in England and I will pursue it here." The Attorney General:--"You have publicly directed it; and I will report it to the proper quarter." His Lords.h.i.+p:--"The Attorney General at home is constantly ordered by the Court to prosecute. On my responsibility alone I do this." The Attorney General:--"May I ask your Lords.h.i.+p to say on what charge?" His Lords.h.i.+p:--"Under Sections 50 and 51 of No. 4 of 1865, and also for a.s.sault." The Attorney General continued to raise objections, when the Chief Justice said: "I have said as much as I choose to say, and I will not be put to question by the Attorney General. If you have any difficulty, come to the Court in Chambers."

Governor Hennessy, in reporting the incident to the Secretary of State at London, adds: "I sent a note to the Attorney General, saying I thought that the prosecution suggested by the Chief Justice should take place; but it was found that the accused parties were not in the Colony." After this manner many cases brought to the attention of the officers of the law by parents or guardians of children of kidnaping and trading in girls and children failed to secure the attention they deserved. It seems to us not at all amazing, when one reads this past history, that by the time Chinese girls have seen and learned all that they must in the Colony of Hong Kong, when brought to this country they are utterly incredulous as to the good faith of police and other officials. They must enter a complaint at the risk of their lives, and if the officer of the law will not prosecute the case in spite of all its difficulties (which are largely imaginary on the part of lukewarm officials), then the girl must be returned to the master she has informed against, to be in his power for him to vent his wrath upon her. A case in point occurred in Oakland only a few months ago, and we had a chance to interview the girl. The Captain of Police went through the brothels of Oakland's Chinatown, accompanied by some missionary ladies, in order to discover if possible any girls who would acknowledge that they wished to come away. Every girl was questioned, in the absence of the keepers, and not one, or perhaps only one, said she wished to come away. There were some one hundred and fifty Chinese slave girls in Oakland at this time, and one might say they all had a chance to escape, and of their own will chose to remain. But was that the truth? Not at all; the result did not prove at all that one, and only one wished to come away. It proved merely that only one was inspired with sufficient confidence and courage, after her long, hard experience with foreigners, to _say what she wished._ It is the universal testimony of all the girls who have been rescued, so we have been told, by those who have been engaged in this rescue work for many years--that every slave in Chinatown plans and dreams of nothing else but of the day when, having served long enough to buy her freedom, she will be granted it by her master or mistress, and then she can be honorably married. But unless her freedom is purchased for her by some lover, the cases are rare, indeed, that a girl is allowed to earn her own freedom, though they are kept submissive by constant promises that the goal is just ahead of them. A few days after the Oakland papers had triumphantly a.s.serted that it had been demonstrated that there was not a single slave girl in Chinatown--a statement that everyone who had any intelligence on the subject, including the newspapers themselves, knew to be false--a lady in mission work received a cautious hint in a round-about way that one of the girls she had seen when the rounds were made desired to be set at liberty. "How did you learn this?" we eagerly and quite naturally asked the missionary.

She replied that on no account could she tell a human being how the intelligence was conveyed to her, as it might cost others very dearly, even to the sacrifice of life, if the knowledge leaked out. "But," she said, "I will show you the girl and you may talk with her yourselves."

We gathered from the girl that she was a respectable widow, the mother of two children, living with her parents not far from Hong Kong on the mainland. As they were very poor, she went to Hong Kong to work at sewing to help support the family. An acquaintance there told her that she could earn as much as thirty dollars a month at sewing in California, and he could secure her pa.s.sage for her at economical cost. She returned to her home and consulted her parents, and they thought the chance a good one, so bidding her little ones good bye, she returned to Hong Kong and paid for the ticket, being instructed that a certain woman would meet her at the wharf at San Francisco whom she must claim as her "mother," since the immigration laws were so strict that she must pa.s.s herself off as the daughter of this woman (for this daughter, who was now in China, having lived in the United States was ent.i.tled to return to her mother). Reader, have you ever traveled on another's ticket? If so, or if you have known a professing Christian to have done so, do not be too harsh in your judgment of this heathen, and declare she deserved the terrible fate that overtook her. The "mother" met the sewing-woman, brought her to Oakland, and imprisoned her in a horrible den to earn money for her. With utmost caution our missionary friend rescued her. The Captain of Police and other officers were at hand to help the missionary, and when the girl was taken, she struggled frantically and called for help as though being kidnaped. Had the policemen been there alone they would have let the captors have their slave, believing they had made a mistake. But they had not; the missionary knew that; the girl was only thinking ahead of the possibility of the plot failing and of falling back into the hands of her captors. She must never betray to them, until safely out of their clutches, that she _wished_ to come away. She must make it appear that she was dragged away against her will. And this is free America! Do you wonder that these girls do not tell everybody who asks them that they are unwilling captives? Doubtless they would if our officers of the law showed their good faith by laying hold of these slave dealers. Nothing was done or attempted to punish the horrible creatures who captured this girl. They are going on unmolested with their nefarious business, though many of them could be easily punished. This part of the work--punis.h.i.+ng slave-dealers--has never been taken up seriously here on the Pacific Coast. And until these terrible criminals are immured in prison, most certainly these Chinese slave girls will not declare their desire for freedom, for if it were granted them they would not be safe--at least they have no reason to believe they would be, though there are missions where they would be protected. But what reason have they for believing this is the case, after the years of training they have had in the perfidy of all those with whom they come in contact! Many girls have been rescued on this Pacific Coast, by brave missionary workers. But it is to the lasting shame of our country that such wicked creatures are allowed to exist here to import these slaves. Imprison the importers, and the slaves are rescued. That is the short road to freedom. But that was not the path pursued by officials in general at Hong Kong, nor is that course being pursued in the United States. This sewing woman has been returned to her home. Many another woman has at equal peril to herself made her complaint and it has fallen upon the deaf ears of officials, and the poor slave has had to settle with her masters for her fool-hardiness.

Now we will return to Hong Kong, and to past history. We will cite just one more case to show something of the reluctance of officials there to prosecute the traffickers in human flesh. A Chinaman, Tsang San-Fat, pet.i.tioned the Colonial Secretary at Hong Kong in regard to the custody of his little daughter, whom, "under stress of poverty,"

he had given away to a man named Leung A-Tsit, the October previous, the understanding being that the latter should find her a husband when she grew up, and should not send her away to other ports. In May the parents learned from A-Sin, employed by Leung A-Tsit, that the latter was going to take away the little girl to another place. After taxing the man with this, and receiving only excuses in reply, the father pet.i.tioned that Leung A-Tsit should be prevented from carrying out his design. Leung A-Tsit filed a counter-pet.i.tion, stating that Tsang San-Fat, being unable to support a family, handed over to him his little daughter, aged six years; that the little girl was to become his daughter and to be brought up by him, he paying $23 to the parents. He accused the father of trying to extort money from him, and appealed for "protection" from "impending calamities." Later, further facts came out, showing that the father of the child had borrowed $5 three years before from Leung A-Tsit, which, with interest at ten cents per month for every dollar, now amounted to $23. The September before, his creditor came and demanded payment, and when the father told him he had no money, and found it very difficult to provide for his family, Leung A-Tsit said: "Very well, you can give me your daughter instead, and when she is grown up I will find her a husband."

It was finally agreed that he should have the little girl for $25, viz., the $23 already owing, and $2 to the mother as "tea-money." The $2 were paid and he took the child away. The mother said: "I was very sorry about it and cried." (But mothers have little to say as to the disposal of the children they bear in the Orient). The Governor, Sir John Pope Hennessy, took a deep interest in this case, when he heard of it, regarding it as "an illegal transaction," and urged upon the Attorney General, Mr. G. Phillipo, to prosecute, on his behalf, the purchaser of the girl, and that both the father of the child and Leung A-Tsit be notified that the father was ent.i.tled to the child by British law, and referring the father to the police magistrate.

The police magistrate requested of the Colonial Secretary that the Attorney General's opinion be obtained, as to what course the magistrate should pursue. The final outcome of the case is told by Governor Hennessy in a despatch to the Secretary of State for the Colonies.

"I made a minute on the pet.i.tions, directing them to be sent to the Attorney General, as 'the parties appear to acknowledge being concerned in an illegal transaction.' In a few days the papers were returned to me with the following opinion of the Attorney General: 'The transaction referred to would not be recognized in our laws as giving any rights, except perhaps as to guardians.h.i.+p, but I am unable to say there is anything illegal in the matter beyond that. I do not think it a criminal offence if it goes no further than the adoption of a child and the payment of money to its parents for the privilege.'"

Later, when His Excellency was calling the attention of Acting Attorney General Russell to a somewhat similar case, he states, in reference to this above-described case:

"Mr. Phillipo, before whom the papers were laid, did not seem disposed to enforce the rights of the father, on the ground that he had sold the child. I did not agree with Mr. Phillipo's view of the law."

CHAPTER 8.

JUSTICE FROM THE SUPREME BENCH.

On October 6th, 1879, Sir John Smale, the Hon. Chief Justice for Hong Kong, pa.s.sed judgment in three cases on prisoners convicted of various degrees of crime connected with the enticing, detaining, buying and selling of children. Governor Hennessy, in reporting the remarks made by the Chief Justice on that occasion to the Secretary of State for the Colonies, p.r.o.nounced it "an able and elaborate judgment on the existence of slavery at Hong Kong."

Said Sir John Smale:

"Various causes have occasioned delay in pa.s.sing sentence, of which I will only refer to one: The gravity of the fact that these and other cases have recently brought so prominently to the notice of the Court that two specific cla.s.ses of slavery exist in this Colony to a very great extent, viz., so-called domestic slavery, and slavery for the purposes of prost.i.tution. The three cases now awaiting the sentence of the Court are specially provided for by Ordinances of 1865 and 1872, prohibiting kidnaping and illegally detaining men, women, and children; and no difficulty ever arose in my mind as to the crimes of which these prisoners are severally convicted, or as to the sentences due to such crimes; and there is no question as to crimes or punishment of cases where women are smuggled into brothels, some licensed and others unlicensed, or otherwise dedicated to immoral purposes. But the enormous extent to which slavery in this Colony has grown up has called into existence a greatly increasing traffic, especially in women and children. The number of Chinamen in this Colony has increased and is increasing rapidly, whilst their great increase in wealth has fostered licentious habits, notably in buying women for purposes sanctioned neither by the laws nor customs on the mainland. I hold in my hand a placard in Chinese, torn down from the wall of the Central School, Cough Street steps, in this city. The translation appears at length in the Hong Kong _Daily Press of_ August 15th, 1879. The purport of that translation is shortly that the advertiser, one Cheong, has lost a purchased slave girl named Tai Ho, aged 13 years. After a full description of the girl a reward is offered in these terms:--'If there is in either of the four quarters any worthy man who knows where she is gone to, and will send a letter, he will be rewarded with four full weight dollars, and the person detaining the slave will be rewarded with fifteen full weight dollars.' These words are subsequently added:--'This is firm, and the words will not be eaten.' I recently spoke in reprobation of slavery from this Bench, and in consequence of my remarks a gentleman who tore down this placard gave it to the editor of the _Daily Press_, and in a letter in that paper he stated that such placards are common, and that he had torn down a hundred such placards. Has Cuba or has Peru ever exhibited more palpable, more public evidence of the existence of generally recognized slavery in these hotbeds of slavery, than such placards as the one I now hold in my hand, to prove that slavery exists in this Colony? The notices have been posted in a most populous neighborhood, and have been in all probability read--they ought to have been, they must have been read--by scores of our Chinese policemen.

"Important as this Colony is, politically and commercially, it is but a dot in the ocean; its area is about half that of the county of Rutland; the circ.u.mference of this island is calculated at about 27 miles, whilst that of the Isle of Wight is about 56 miles. The cultivated land on this island may be to the barren waste about one-half per cent, and there is no agrarian slavery here in nearly the total absence of farms, and on this dot in the ocean it is estimated that the slave population has reached ten thousand souls! I first became fully alive to the existence of so-called domestic slavery in this Colony at the Criminal Sessions in May last, on the trial of two cases.... But it is said that what is called domestic slavery, as it exists in Hong Kong, is mild, and it is said to be the opinion of a gentleman of great experience in Chinese, that, as it exists here, it is not contrary to the Christian religion, and that it is as general a fas.h.i.+on for Chinese ladies in Hong Kong to purchase one or more girls to attend on them as it is for English ladies to hire ladies'

maids, and that the custom is so general that it would be highly impolitic, if not impossible, to put down the system. It may be that slavery as it exists in the houses of the better cla.s.ses in Hong Kong is mild, and that custom among the better cla.s.ses renders servitude to them a boon as long as it lasts. It is, I believe, an admitted duty that when the young girl grows up and becomes marriageable she is married; but then it is the custom that the husband buys her, and her master receives the price always paid for a wife, whilst he has received the girl's services for simple maintenance; so that, according to the marriageable excess in the price of the bride over the price he paid for the girl, he is a gainer, and the purchase of the child produces a good return. But the picture has another aspect. What, if the master is brutal, or the mistress jealous, becomes of the poor girl? Certain recent cases show that she is sold to become a prost.i.tute here or at Singapore or in California, a fate often worse than death to the girl, at a highly remunerative price to the brute, the master. It seems to me that all slavery, domestic, agrarian, or for immoral purposes, comes within one and the same category."

Every word uttered on this occasion by Sir John Smale, Chief Justice, has value, but it is impossible for us to quote it all. Referring to the purchase of kidnaped children from the kidnapers by well-to-do Chinese residents of Hong Kong, without effort on the part of these purchasers to ascertain from whence the children came, he says:

"In each of these cases I requested the prosecution of these well-to-do persons, purchasers of these human chattels, who had bought these children, whose money had occasioned the kidnaping, just as a receiver of stolen goods buys stolen property without due or any inquiry to verify the patent lies of the vendors. I have reason to believe that H.E. the Governor was desirous that my request should, if proper, be complied with; but on reference to former cases it appeared that a former Attorney-General had found that the system had been almost if not altogether unchecked for many years past, and that in particular, when His Excellency had desired to enforce the rights of a father to recover his child, he was not disposed to enforce that right because the father had sold that child."

He relates the details of yet another case concerning which he says: "I took the responsibility to direct the Acting Attorney General to prosecute this man and his wife." But the Attorney General, it seems, did not.

"Is it possible that such a being as man can, according to law ...

become a slave even by his own consent?" asks the Chief Justice.

"I say it is impossible in law, as Sir R. Phillimore, 1 Phill., International Law, vol. 1, p. 316, has said in a pa.s.sage I read with the most respectful concurrence, but too long for full quotation." "It is unnecessary for me to trace how it became the Common Law of England that whosoever breathes the air of England cannot be a slave." After reference to notable decisions on the part of England's highest authorities as to the unlawfulness of slavery; to the claim that slavery was secured to the Chinese residents by the promise not to interfere with their customs, and reminding his hearers that the promise was made only "pending Her Majesty's pleasure"; after quoting the Queen's proclamation against slavery at Hong Kong, and the a.s.surance in that proclamation that "these Acts will be enforced by all Her Majesty's officers, civil and military, within this Colony,"