INTERNATIONAL COURT OF JUSTICE
CASE CONCERNING SOVEREIGNTY OVER
PEDRA BRANCA I PULAU BATU PUTEH,
MIDDLE ROCKS AND SOUTH LEDGE
(MALAYSIA / SINGAPORE)
MEMORIAL OF
SINGAPORE
VOLUME2
( Annexes 1 to 30)
25 MARCH 2004
Number
Annex 1
Annex 2
r Annex3
')'o Annex4
Annex 5
Annex 6
r Annex 7
Annex 8
Annex 9
/' Annex 10
Annex ll
Annex 12
Description
LIST OF ANNEXES
(VOLUME 2)
Special Agreement for Submission to the International Court
of Justice of the Dispute between Malaysia and Singapore
concerning Sovereignty over Pedra Branca / Pulau Batu
Puteh, Middle Rocks and South Ledge, signed on 6 Feb 2003
Dunn S. et. al., A New Directory for the East Indies (5th ed.,
1780), p. 509
Horsburgh J ., India Directory, Vol. 1 (2nd ed., 1817),
pp. 192-193
Article 2 of Treaty of Friendship and Alliance between the
Honourable the English East India Company on the one side
and their Highnesses the Sultan and Tumungong of Johore
on the other, concluded on the Second day of August, One
Thousand Eight Hundred and Twenty-Four (1824), reprinted
in Allen, Stockwell and Wright (eds.), A Collection of
Treaties and other Documents Affecting the States of
Malaysia, 1761-1963 (1981), p. 37
Extracts from the 1833 Charter of the East India Company
Memorial from Merchants, Mariners and others Interested in
the Trade and Navigation of the Straits of Singapore to
Auckland G. (Governor General of India in Council) dated
29 Dec 1836
Gibson v. East India Company 5 Bingham, New Cases 262
(Common Pleas Reports) (1839), pp. 271-272
Letter from Jardine Matheson to Bonham S.G. (Governor of
Prince of Wales Island, Singapore and Malacca) dated 1 Mar
1842
Letter from Bonham S.G. (Governor of Prince of Wales
Island, Singapore and Malacca) to Bushby G.A. (Secretary to
the Government of Bengal) dated 23 July 1842
Letter from Bushby G.A. (Secretary to the Government of
Bengal) to Bonham S.G. (Governor of Prince of Wales
Island, Singapore and Malacca) dated 31 Aug 1842
Letter from Belcher E. (Captain ofH.M.S. Samarang) to
Butterworth W.J. (Governor of Prince of Wales Island,
Singapore and Malacca) dated 1 Oct 1844
Letter from Thomson J.T. (Government Surveyor at
Singapore) to Butterworth W.J. (Governor of Prince of
Wales Island, Singapore and Malacca) dated 20 Nov 1844
Annexes
Page No.
1
5
7
11
17
31
45
47
51
57
63
69
Annexes
Number Description Page No.
> Annex 13 Letter from Butterworth W.J. (Governor of Prince of Wales 93
Island, Singapore and Malacca) to Currie F. (Secretary to the
Government of India) dated 28 Nov 1844
)<i Annex 14 Letter from Butterworth W.J. (Governor of Prince of Wales 119
Island, Singapore and Malacca) to Beadon C. (Under
Secretary to the Government of Bengal) dated 22 Aug 1845
( Annex 15 Letter from the Court of Directors of the East India 123
Company to the Governor General of India in Council dated
15 Oct 1845
)° Annex 16 Letter from Butterworth W.J. (Governor of Prince of Wales 135
Island, Singapore and Malacca) to Bushby G.A. (Secretary to
the Government of Bengal) dated 26 Aug 1846
r Annex 17 Letter from Bushby G.A. (Secretary to the Government of 143
Bengal) to Butterworth W.J. (Governor of Prince of Wales
Island, Singapore and Malacca) dated 3 Oct 1846
Annex 18 Letter from the Court of Directors of the East India 149
) Company to the Governor General of India in Council dated
24 Feb 1847
Annex 19 Letter from Bushby G.A. (Secretary to the Government of 159
India) to Halliday F.J. (Secretary to the Government of
Bengal) dated 24 Apr 1847
Annex 20 Letter from Beadon C. (Under Secretary to the Government 163
of Bengal) to Butterworth W.J. (Governor of Prince of Wales
Island, Singapore and Malacca) dated 10 May 1847
Annex 21 Letter from Thomson J.T. (Government Surveyor at 169
Singapore) to Church T. (Resident Councillor at Singapore)
dated 9 July 184 7
Annex 22 Letter from Butterworth W.J. (Governor of Prince of Wales 177
Island, Singapore and Malacca) to Beadon C. (Under
Sec'retary to the Government of Bengal) dated 22 July 1847
Annex 23 Extract from a General Letter from the Government of 183
Bengal to the Court of Directors of the East India Company
dated 29 Sep 184 7
Annex 24 Letter from Butterworth W.J. (Governor of Prince of Wales 187
Island, Singapore and Malacca) to Beadon C. (Under
Secretary to the Government of Bengal) dated l Oct 1847
r Annex 25 Letter from Thomson J.T. (Government Surveyor at 195
Singapore) to Church T. (Resident Councillor at Singapore)
dated 5 Nov 1847
Annex 26 Letter from Thomson J.T. (Government Surveyor at 197
Singapore) to Church T. (Resident Councillor at Singapore)
dated 20 May 1848
Number
Annex 27
Annex 28
Annex 29
Annex 30
Description
Letter from Butterworth W.J. (Governor of Prince of Wales
Island, Singapore and Malacca) to Seton Karr W. (Under
Secretary to the Government of Bengal) dated 12 June 1848
Letter from Seton Karr W. (Under Secretary to the
Government of Bengal) to Grey W. (Under Secretary to the
Government of India) dated 6 Oct 1848
Letter from Butterworth W.J. (Governor of Prince of Wales
Island, Singapore and Malacca) to The Chairman (Chamber
of Commerce at Singapore) dated I Mar 1849
Letter from the Governor General of India in Council to the
Court of Directors of the East India Company dated 3 Mar
1849
Annexes
Page No.
203
219
227
235
~------ ----------
Annex 1
Special Agreement for Submission to the International Court
of Justice of the Dispute between Malaysia and Singapore
concerning Sovereignty over Pedra Branca / Pulau Batu Puteh,
Middle Rocks and South Ledge, signed on 6 Feb 2003
r------------------------------ ------ ----------- ---
k
SPECIAL AGREEMENT FOR SUBMISSION
TO THE INTERNATIONAL COURT OF JUSTICE
OF THE DISPUTE BETWEEN MALAYSIA AND SINGAPORE
CONCERNING SOVEREIGNTY OVER
PEDRA BRANCA/PULAU BATU PUTEH1
MIDDLE ROCKS AND SOUTH LEDGE
The Government of Malaysia and the Government of the Republic of
Singapore (hereinafter referred to as "the Parties");
Considering that a dispute has arisen between them regarding
sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and
South Ledge;
Desiring that this dispute should be settled by the International Court of
Justice (hereinafter referred to as "the Court");
Have agreed as follows:
Article 1
Submission of Dispute
The Parties agree to submit the dispute to the Court under the terms of
Article 36(1) of its Statute.
Article 2
Subject of the Litigation
The Court is- requested to determine whether sovereignty ovec-
(a) Pedra Bran·ca/Pulau Batu Puteh;
(b} Middle Rocks;
(c) South Ledge,
belongs to Malaysia or the Republic of Singapore.
l 1
2
Article 3
Order of Names
For the purposes of this Special Agreement the order of the use of the
names Pedra Branca/Pulau Batu Puteh or vice versa shall not be treated
as having any relevance to the question of sovereignty to be determined
by the Court.
Article 4
·Procedure
1. The proceedings shall consist of written pleadings and oral
hearings.
2. Without prejudice to any question as to the burden of proof, the
Parties agree, having regard to Article 46 of the Rules of Court, that the
written proceedings should consist of:
(a} a Memorial presented by each of the Parties not later than 8
months after the notification of this Special Agreement to
the Registry of the International Court of Justice;
(b) a Counter-Memorial presented by each of the Parties not
later than 10 months after the date on which each has
received the certified copy of the Memorial of the other
Party;
(c) a Reply presented by each of the Parties not later than 10
months after the date on which each has received the
certified copy of the Counter-Memorial of the other Party;
(d} a Rejoinder, if the Parties so agree or if the Court decides
ex officio or at the request of one of the Parties that this part
of the proceedings is necessary, and the Court authorises
or prescribes the presentation of a Rejoinder.
3. The above-mentioned parts of the written proceedings and their
annexes presented to the Registrar will not be transmitted to the other
Party until the Registrar has received the part of the proceedings
corresponding to the said Party.
4. The question of the order of speaking at the oral hearings shall be
decided by mutual agreement between the Parties but in all cases the
order of speaking adopted shall be without prejudice to any question of
the burden of proof.
Article 5
Applicable Law
The principles and rules of international law applicable to the dispute shall
be those recognised in the provisions of Article 38, paragraph 1, of the
Statute of the International Court of Justice.
Article 6
Judgment of the Court
The Parties agree to accept the Judgment of the Court given pursuant to
this Special Agreement as final and binding upon them.
Article 7
Entry into Force
1. This Special Agreement shall enter into force upon the exchange
of instruments of ratification on a date to be determined through
diplomatic channels.
2. This Special Agreement shall be registered with the Secretariat of
the United Nations pursuant to Article 102 of the United Nations Charter,
jointly or by either of the Parties.
3
4
Article 8
Notification·
In accordance with Article 40 of the Statute of the Court, this Special
Agreement shall be notified to the Registrar of the Court by a joint letter
from the Parties as soon as possible after it has entered into force.
In witness whereof the undersigned, being duly authorised thereto by
their respective Governments, have signed the present Special
Agreement.
Done in triplicate at Putrajaya on the 6th day of February 2003.
For the Government of Malaysia
I
inister of Foreign Affairs
For the Government of the
Republic of Singapore
SJAYAKUMAR
Minister for Foreign Affairs
Annex 2
Dunn S. et. al., A New Directory for the East Indies
(5th ed., 1780), p. 509
. D I- R E C
FOIL -'THE
. . . E. A S T: - I N D .. l E··-·,S::;
CON.TA I N ING,
I. The firft Difcoveries made in-the IV._ .A DefcriptiOn of the se·a_Coa~·s, -
Eaft-Indies oy European Voyagers Iflands, Rocks, _Har.bo"urs, ··shoals, -
and Travellers. Sand~, .Sea-marks, So.unci'ings, · &~ .. -
II-. -'fhe Origin, Co-nftrucl:ion, and in -the Oriental N3.yfgation~: .
Application of Nautical and Hydro- -V •. ·Directions for· nav)gating ~n othe:·
. graphical Charts. Eaft-lndia Seas·, t~· the b~ft Advan.:.
-Ill. -The _natural Caufes., anct ob- -tage, .at diff'eren_t _ Times .of the;:
fer~ed · Pnafr1omena,. of the __ con- Year. .
.ftant and. variable ~inds,_ Trade-. VI. Dire&ion_s :fo_r failing ·to . _arid:Winds,
·Monfoons, and Currents, . from th~ Eaft..:indies~ as· recomthroughout
the Eaft-India Oceans - m~nd~d- and pratli.fed -- hy: --~~p~~ :.
and Seas. rienced N·avigatqrs_;and_· Marin~'rs-~.
TH'.R WHOLE REING.
A Work originally begun upon. the Plan:of th~ ORIEN'r.dL "NEPTUNE;.
AU GM E NT E-D a tt'ti" 1 M P R O ·v E D -
, ~Y: .Mr. WILL» HERBERT, -MrJ17ILL~· ·NICH,~Lf!ON,.ai1:d_:OtJ;i.,~tSJ:
AN·D·_-·. NOW.
:M&THODIS_ED~ CORRECTED, arid -furthe~_:":i{N:tAROED;; - - - - . . - -- ~-
B .Y
S A - M. U -.-E - L -D ·U N-.F~>·
Tear her of th~ l\L11. Tll E_MATJ CAL S CIE N c Es, l(Jnt/D''.'_~,
F I F T H . E D l 1T .. _I{Q· .N:;-
LO N··D o: N··:
-Pri'nted .f<?r HENRY GREGORY;_. N°~ ·148,;· :Leadenhal/.;,,Stfiil
MDCCL.,XXX,
I s
I s
D1aECT10Ns far ·SAILI·NG in· tl.ie CatNA S°EAs.. 509
' .
of the firaits, pu!h for· the Straits of' Dryort., provided . it be early in tfui
feafon, and enter the Straits of ~alacca by the Carimons ;. but- if i"t ihould
be late in the· feafonJ the·n g·o for the Straits of _Banca and Stnida;.
If th~ weather is' dear, freer for Ped:ro Branco; and, whe~. ·yqu comer
near it, you will deepen your-~ater from 14 ot 15 to· 20, 2·5, or 30 fatho·tns·~
Fedro· Branco bears from· the outermoft rock·s, or iil.ands, off Point Ro ...
mania, EbSfS. 2 I leagues. Between thefe is the channel, or entran·ce into,_
the Straits of Sincapour: you have 20 fathoms near the reef. _2S fathom~
mid-channel, and JO fathoms near .Pedro Branco.. , ·
When you have fight of Pedro BrancoJ bearing SW.- or SWbW. fte·e,
fo as _to go 2, 3, or 4 mi_les to the northward of it; 3:nd .when you bring:
Barbucet Hill on the outermoO: ifland ofF Point Romania, they· wiU be3:rWNW.-
· and you ate clear of all the:reef, and may keep mid~cba:nnel be-:
tween Pedro Branco and· the faid ifiand,. and fo enter ~he Straits of Sin~
capour.
Southward of Pedro Branco lie many rocks both above and under_ wateb
and all foul ground round aboQt it. Take care not ·to go too near .it;_ fot"the
tides run very thong to the. SSW. amongfl: the· rocks and· £hoals about:
Pedro Branco; but pafs it as above· diretl:ed : · ibould it be near night w.h~n·.
a-breaft of Point Romania, it is heft to_ ·haul under the point' 1n I gfathoms,
and anchor for the. night, ta-kin.g day .. light to go through the.
narrows.
Being _paft Pedro Branco, and. a~breaft Point Romani.a, the: ftraits ·are-·
wide~ and no danger.. From Point Romania• St; John's lfiand lies WbSfS •.
diftance 1 3 leagues : y~:m will ha-ve foundings in this channel from · 18 _ fa-· .
thorns, on the north fhore, to 20 and 25. fathoms, mid-channel;.. and 3~-fathoms.
on·the fouth· fide the channel :. fteer WbS. fqr s·t~ John's _lfland ~·,
and when you {ee ·it, keep it bear_irig: W·bS. as- a good: leading_ mark._ to carry.c
you clear of all ·danger.. · · - -
· The· fou th fide of. the Straits-of Sincapour is foul ground ,,and ilioal~ .aoound;:.~ _
• f 4 :
ing with many-rocks.above and·under water:: it-is heft" therefore keeping:on the'.:'
north ihore, in 18 or 20 fathomsJ till you.are up with, or .. a ... breaftt. J9hore:.·
Gr Joor River:,, ·off which. lies a:fanili-bank..,;. the·m.arks for. whic~a-\fe been'-
alread~:
Annex 3
Horsburgh J., India Directory, Vol. 1 (2nd ed., 1817),
pp. 192-193
I 7 I
INDIA --.DIRECTO-~_Y,
OR
·J9trtttion~ for §ailing
TO AND FROM THE
EAST INDIES,.
«btna,
NEW HOLLAND, CAPE OF GOOD HOPE, BRAZIL,·
AND ,THE
J[,NTERJ~CEJf'JI' PORTS,
COMPILED CHIF.FLY. FROM
ORIGINAL JOURNALS AT THE EAST INDIA I{OUSE,
AND FROM
i'l4DB DURING TWENTY.;.ONE YEARS EXPERIENCE NA.JTIGA.'l'JNG IN· THOSE SE..I.S, --
BY
.JAMES HORSBURGH, F.B.S.
IIYDROORAl'IIBit '1'0 XHE HONOll.AilLlt EAS'1' IND_IA COMPANY.
They that go down to the sea in ships, that do business ill; great waters; these see the works of
the Lord, and his wond,ers in the'.deep, PsALM CVll, v, 2S, 24.
VOLUME FIRST.
SECOND EDITION,
LONDON:
PRINTED FOR THE AUTHOR,
· AND SOLO BY
BLACK, PARBURY, AND ALLEN, BOOKSELLERS TO THE HONORABLE EAST INDIA COMPANi:·,.
No. '1, LEADENHALL STREET.. -
1817,
l .
8
FaloeBir•
hnoltHlll.
-Sm-1t~_:p0int of the largest islan~ \V.1?y $, :1- ~-, andjts ~outhemmost hu_n;ip)i, OIW ,with. the
South· Cape or _westernmost pom t of Ro mama-. : .. _A_ few:, cables: length~ __ t;o th~ , sQ.u th'IVard of
this _dangerous patch, the,depih incr~ases. to _ 16 arid f7 fil.t~oms, and _it is -though,t· _to be:tbe-
S-. Westernmost da~ger. of tjie ou~r reef. , . · . · . _ _ . _ _ .. __ _
_ To the ·JN: Eastward of the pat_ch: last m_ent~oned,- ~here are several_ others, with 3 and ·3!fathm:
ns on :them: the oute~most of these, among wlnch H. M. 8. Panther got embarrassed
are ex.b,insive, arid their _southern parfbear_s from .Pedro Branco N .. byW. i "\iV. -t9 N, by W'.
f w.- ~istant .. 5 or 5-k miles; they stretch from thence to the northward 1 or_.I-k rni!e; and
·have ·9 and lo fathoms close to them· on tj.1e East and S .. E. sides. Another: spit to the N.
W esrn"•a.rd -of these,, bears N. ij'. W. from Pedro Branco, and E. by N. from Barbucit Hill ;
between them, the ship General" Baird passed, in _ 6, 8, and ·1 O fathoms water. . _
. The northernmost putch of Romauia· au ter reef, is in lat. 1 ° S 11 N ., distant from the coast
apreast ab_out 10 miles;_ from Bin tang Hill it bears, N. 3° W., from Pedro Branco, N:. 9° E.
distant- 11 miles, and· ·about the same distance from· the northernmost Island off Point Romania;
from the Largest Island it bears N, 52° E, 1 from Barbucit · Hill N. 65° E., and
about E. t N .. from False Barbucif Hill. There is probably no danger on this patch, although
the Seaflower had o".erfalls of 6 and 7 fa~10ms h~rd .s~d on i_t; but the Hornby
shoaled suddenly from 13, to 10, 7, 5, and 4! fathoms upon 1t, m commg from. the northll1anj,
and deepened in hauling out to the eastward as fast as the lead could. be hove, to 5, 7,
10, l l, I 2, ·1 S, and 14 fathoms; it ought, therefore, to- be avoid_ed, as 4-k fathoms is. too little
water for a large ship when there is much swell. Betwixt this northernmost pa_tch of ~e
reef, .and the opposi~e coast, there is thought to be no danger, the depths inside _of it being
generally from 10 to 15 fathoms ; and tb~re seems to be a channel . or gap of deep water to
the S. W. and Southward, between it and the other patches of the reef. ·
FALS.E BARBUCIT HILL, h-1 lat. 1° 501 N. is a· row _sloping hi!L near the sea, appea1ing
like a tape of trees a little more elevated than the adjacent coast, w~1ich_is all ratherlow
and woody· to the northward of Barbucit. Hill. Th,e False Hill being discernible much
soone,r than the· other during hazy weather, in comi11g from_ the N 01;th toward · the northern
extremity of the outer reef, answers as a guide in_ the approach to it, and bears from Pedro
Branco N. 4:S0 W. -
G•Mitur PEDRO BRANCO (or White Rock) situated in the middle of the enll'8.nce of Sincapour
~~~~~ .. ; strait, _is_ in Jat~ 1 ° !i!01 N. Ion. 104° 25-f E. or .2° I OJ/ E: from Malacca, and _ 9 miles West
fr,oni_.Pulo Aor,. by mean of mariy" _chronometers:~ from the largest island off Point Romania~ -
it" hears E. 15° S. distant 9 miles, and the same distance from the shore of Bintan·g, and is In
one ~·ith the centre of Bintang Hill bearing s.· 12f0 E. It is small,_ of white'appearance, by
birds' dung, nCJt ·much elevated at high tide, but may be seen 9 or 10 miles from the quarterde~
k. ~f_ a large ship, being just visible when ;Faint Romania bears N:ortb, distant S or· 4
miles: 'in the night, it cannot be di~cerned until dose to. On the North and N. W. sides,
Pedro--Bran!!o is steep to, having soundings of 17 fathom·s close- to the _ro~k, and· 30 to 36.fa-,
~~oms near it, decreasing to 16 and 17 fathoms to tl1e noithward, dose to the edge of RoiJ?-
ania Reef; to the south~ard~ it is dangerous to approach, for- 2 ledges of roc~s ca~ed the
, S'.'_K Rocks; near each other, lie about a mile or more to the S.S. Eastward off it, w_h1ch are_
:~::;~.':"!'~~! very 1little' ab_ove the surf[!-ce a Lhigh water.. . But the" s. w. Rocks, is the pl'incipal da11;ger;
"°"n,li~t•· ~·heri _pi·oceeding through the South· charinnel, which consist of , poi£1ted rocks very httle
d_~tach:ed_ from each other, with 8 and ·9 fathoms clof.e -·to, and betwi_xt them, 16 or 17 fa-
: &ABY :many chronometric o.dmeasuremeots in diff'~rent_ voyages to "China, corresponding withi~ II_ mile of~~
other, J:made it· in: this longitude'; but some navigators have ~aμe it 2, p, and 4 _miles inore easterly. ~n/
Keith For bes, -landed on the S. E. part of Pedro Branco on the 13th of April, 1813, and bad 17 fathoms clo!ie to 1t~
'!".liich ~-rig covered with oysters at the water'ti e~ge, fro[!!_ whencv a small boat might be filled in_ai1 hour. · ·
(' 1'9$ }
thoms at a ve:ry small dista:n·ce -in the· ·stream of them~··: -.Th:ey· beaf frorii' Barbuciit !JilFF) ~t'
S: from' Peq i'i) Branco' s. 16~ w ~ distant about 2t 'iriiles;· "a1;e.: ~ot ·v_isibl"e untiL .ill~ , ebb 'has
be~n m·a:de some titne', and they are hear!y"'coven'.id 'before_ the strean1. of flood , peginii to 'ru ii;
from 16 an~ I7·fathoms close to 'thi~ ,danger, _the depths decnjase to 8Jathoms1 --witl:iin 2,.
miles off the. Bin tang · shore, and from 8 to 6 and 5 fathoms;' near that shore, · ·
- - ' ' ,!' • - ''
BlNTA°NG -HILL, in. lat.1°"ii N.,: Ion.' 104° 301 E., hearing s. 12f9 E. from. ·P~d~o ~1':i.:,1:Cu,~
Branco, dis ~nt about 6f leagues; in clear weather may be seen _ i 4 leagues, -and,' ·a.nswers # •n~ Iolud.. _ ·
a m?,rk in apprciachiog tl~c ·entrance of the strait from the _northward. ' Wh~n·;"viewed Jr_orii
that _directii;iil, it"forms a saddle, and adjoining to it on the North side, :there· is a srriaU ·co.'..
nical hill- called False Bin tang Hill, the summit of which is central with the saddle of the
large hill be.ising S. 6° E. _ 'When the centre of the Saddle bears South, the suminit of the
False, or Little Hill, is just open with the western sbou ld1:::r of _the Large Hill, and· this m~ik
or be3:ring of Bin tang Hill, is a -safe guitle to carry a ship to- the ·eash\•ard of, but preJ_ty
near the outer reef of Romania. . · . . · _ - · .. < · ·- : - '< '1':
The North side of the Island BhJtang, extends nearly E. i N. ah4 -W:f s.·:abotit 7
leagues; like ·most of the other land bounding the Strait of Sin·capdi.trj it i~ coveted·,\rith
trees, and excepting the hi_Ds _inland., not mu.eh elevated. About 1 t mile f~o.n,i_ ~e shorf;, to
the N. Eastward of the point that bounds the entrance of Rhio·:Su·ait 61:i' the:E!!-st':side,
tb~reis a small island whicti-may be approached within .1 01· H-·-rnile/ci'r to ·i4 tif'.:12· rat!-i:011.1s
on the North and- West sides;" -and the Bintang sho1;e may be ·porrow~d' on,· in general fo ·1
or 8 fat~oms, when ships are proceeding through the South .channel. · · ' · · · . · '· _ · ·:-,
·Bintang, is the largest Island on -the South side .of Sinc~pour Str'ait;· Ptilo ~atta~- oil'
the West side of Rhib Strait, is also of considerable size, from whence, -a chain of islands
of various magnitn1e's~ :s.epai·~te.1 -by nan-ow guts,_ extends westward :nearlJ':Opposite to· the
Rabbit and Coney." -·Small vessels proctediog·through the strait, ought to be on theh"·guard,.Acautfon.
to re~ist any attack ,fro_m tlJe Malay Pirates, who frequently"" lurk in th.eir ptoas a_m.ongsf th·e
islands on _the South· side; o_r about the Old Strait, near the i.sland of. Sincapour.- ·, ·-
EASTERN· BANK, extends. from the N .. E. part of Bin tang, about North and N. by W. Ea•t•m . ? leagues,_ having f?Oun<lings upon it generaliy from 10 or ·I 1, to 13 and 14 fathoms. To·~n1<~
fhe distance of !ii or 3 leagues ·from the N. E. part of Bintang, th~. depths· on it are 10 ,to 12
fathoms ; East fi:om Pedro Bran_co a:bou t 2. leagues, they are irregular, 16 or 18 fathoms· in
some places ; and 1 I, I~~ to 14 fathoms with.in 1 or §? miles· of that- rock on the East side:
_To. the E: N. E. and N. E. of Pedro Branco, about 3 or" 4 leagues, the soundings are gerieral!
y pretty regular 6n the Eastern Bank, l S to ~41 fathoms; sand and 'gravel: ·a~d · in
standing off ~t to the. eas.tward, they gradu;lly increa~e to- 20 /athoms, -_at 2· ?r ~ leagues_ dis-'
- tance. On the no~thern part .~f the .Eastern Ban_k, m lat. I 3!2' N., _ there_ 1s a slwa~ patc7!, 011111
,,0..
the least water .on ~t 8 fath~ms har? bottom,. to lO anμ I l fathpms. t4e general depth .. · It 1~ :t:~ r.·:~ i
of small extent, Bmtang Hill· bearmg from 1t S. f W., Barbuctt Hill _about W._S. W:, False ra111om, .
Barbucit Hm :w. t s., ·and the_northern[postpatch of Romania outer reef w. ! s. or w. by l'•l<h. H s., distant 4 or 5 miles. Ships getting soundings of 8, to" 10 fathon;_i_s on· this P'.1tch ·Of the, "Eastern._
Bank, during hazy weather, sometimes tl1ink they are on t_he northern patch of Romania
outer reef, then haul more to the eastward, which renders· them· liable to fall to· leeward of
the strait, if unacquainted. · , -- · - · · · ·
T1tE _SOUNDING~ ·_are.mostly 13 ~ 15 fathoms, a little ir~egularin·so.me"parts,''tos0n~diu~ '.
the distance of-:4 or ·5 miles northward from the i:iorthernmost patch of Romania outer- reef; :f:~!?,1:~d
and fro.m_the patch of the Eastern Bank; and they continue nearly the ~ame, unt!l withi~ s.i_~.~~~!rtkeor
4 miles of the coast: farther to the northward, the depths decrease. gradually m steenrig 1!••i1o
_for Pulo ·Aor, with a regular decrease _contiguous to the ·main land .. - . · · ·. . - · · ·: . ' - ·
. Cc
9
Annex 4
Article 2 of Treaty of Friendship and Alliance between the
Honourable the English East India Company on the one side
and their Highnesses the Sultan and Tumungong of Johore on
the other, concluded on the Second day of August, One
Thousand Eight Hundred and Twenty-Four ( 1824 ),
reprinted in Allen, Stockwell and Wright ( eds.), A Collection
of Treaties and other Documents Affecting the States of
Malaysia, 1761-1963 (1981), p. 37
A COLLECTION
OF TREATIES
AND OTHER DOCUMENTS
AFFECTING THE ST A TES
OF MALAYSIA
1761-1963
Volun1e I
Edited by
J. de V. Allen
A.]. Stockwell
L. R. Wright
Foreword by
C.D. Cowan
'\.,AN..;
0,,.(;. , ., 0
"' "' .~ "."
. .
. ~ .. .,.
(,Ill.IS,;.. ...
Oceana Publications, Inc.
London• Rome• New York
I 11 I
12
JOHORE TREATY of 2 August, 1824
Crawfurd's Treaty8
A Treaty of Friendship and Alliance between the Honourable
the English East India Company on the one side, and
their Highnesses the Sultan and Tumungong of Johore on the
other, concluded on the Second day of August, One Thousand
Eight Hundred and Twenty-four {1824), corresponding with the
Sixth day of the month of Sulhaji, in the year of the Hejira
One Thousand Two Hundred and Thirty-nine (1239), by the
above Sultan of Johore, His Highness Sultan Hussain Mahomed
Shah and the above Turnungong of Johore, His Highness Dato
Tumungong Abdul Rahman Sri Maharaj ah on their own behalf,
and by John Crawfurd, Esquire,· British Resident of Singapore,
vested with full powers thereto, by the Right Honourable
William Pitt, Lord Amherst, Governor-General of and for
Fort William .in Bengal, on behalf of the said Honourable.
English East India Company.
Article 1
Peace, friendship, and good understanding shall subsist
for ever between the Honourable the English East India Company
and their Highnesses the Sultan and·Tumungong of Johore
and their respective heirs and successors.
Article ii
Their Highnesses the Sultan Hussain Mahomed Shah and
Datu Tumungong Abdul Rahman Sri Maharajah hereby cede in
full sovereignty and property to the Honourable the English
East India Company, their heirs and successors for ever, ·the
Island of Singapore, situated in the Straits of Malacca, together
with the adjacent seas, straits, and.islets to the
extent of ten geographical miles, from the coast-of the said.
main Island of Singapore.
Article iii
The Honourable the English East India Company ·hereby
engages, in consideration of the cession specified in the
last Article, to pay to His Highness the Sultan Hussain
Mahomed Shah, the sum of Spanish Dollars thirty-three thousand
two hundred (33,200), together with a stipend, during
his natural life, of one thousand three hundred (1,300)
37
I
Spanish Dollars per mensem, and to His Highness the Datu
Tuniungong Abdul Rahman Sri Maharajah; the sum of twenty-six
thousand eight hundred (26,800) Spanish Dollars, with a
monthly stipend of seven·hundred (700) Spanish Dollars
during his natural life.
Article iv
His Highness the Sultan Hussain Mahomed Shah hereby
acknow_ledges ·to have received from the Honourable the · Eng-
1 ish East Indja Company, in fulfilment of the stipulations
-of the two last Articles, the sum of thirty-three thousand
two hundred (33,200) Spanish Dollars, together with the
first monthly instalment of the above-mentioned stipend, of
Spanish Dollars one thousand three hundred (1,300), and His
Highness the Datu Tumungong Abdul Rahman Sri Maharajah also
hereby acknowledges to have received from the Honourable the
English East India Company,. in fulfilment of the stipulations
of the two last Articles, the sum of twenty-six thousand
eight hundred Spanish Dollars (26,800), with one month's
instalment of the above stipend of seven hundred Spanish
Dollars.
Article v
The Honourabie the English East India Company engages
to receive and treat their Highnesses the Sultan Hussain
Mahomed Shah, and Datu Tumungong Abdul Rahman Sri Maharajah,
with all the honours, respect, and courtesy belonging to
their rank and station, whenever they may reside at, or
visit the Island of Singapore.
Article vi
.The Honourable the English East India Company hereby
engaies in the event of their Highnesses the Sultan and
Tumungong, their heirs or successors, preferring to reside
permanently in any portion of their own States, and to remove
for that purpose from Singapore, to pay unto them, that
is to say, to His Highness the Sultan Hussain Mahomed Shah,
his heir or successor, the sum of twenty thousand (20,000)
Spanish ·oollars, and to His Highness the Datu Tumungong
Abdui Rahman .Sri Maharajah, his heir- or successor, the sum
of fifteen thousand (15,000) Spanish Dollars.
Article vii
Their Highnesses the Sultan Hussain Mahomed Shah
38
13
14
' and the Datu Tumungong Abdul Rahman Sri Maharajah, in con~
sideration of the payment specified in the last Article,
hereby relinquish for themselves, their heirs, and successors,
to the Honourable the English East India Company, thetr heirs
and successors for ever, all right and title to every description
of immovable property, whether in lands, houses,
gardens, orchards, or timber trees, of which their said
Highnesses may be possessed within the Island of Singapore
or its dependencies at the time they may think proper to
withdraw from the said island for the purpose of permanently
residing within their own States, but it is reciprocally and
clearly understood that the provisions of this Article shall
not extend to any description of property which may be held
by any follower or retainer of their Highnesses beyond the·
precincts of the ground at present allotted for the actual
residence of their said Highnesses.
Artie le viii
Their Highnesses the Sultan Hussain Mahomed Shah, and
the Datu Tumungong Abdul Rahman Sri Maharajah hereby engage
that, as long as they shall ~ontinue to reside within the
Island of Singapore, or to draw their respective monthly
stipends from the Honourable the English East India Company,
as provided for in the present Treaty, they shall enter into
no alliance and maintain no correspondence with any foreign
power or potentate whatsoever, without the knowledge and
consent of the said Honourable the English East India Company,
their heirs and Successors.
Article ix
The Honourable the English East India Company hereby
engages, that, in the eveht of their Highnesses the Sultan
Hussain Mahomed Shah, and the Datu Tumungong Abdul Rahman
Sri Maharajah removing from the Island of Singapore, as contemplated
in the 6th Article~ and being distressed within
their own territories on such removal, to afford them, either
at Singapore or Prince of Wales' Island, a personal asylum
and protection.
Article x
The contracting parties hereby stipulate and agree, that
neither party shall be bound to interfere in.the internal
concerns of the other's government, or in any political dissensions
or wars which may arise within their respective
territories, nor to support each other by force of arms
against any third party whatever.
39
Article x1
The ~ontracting parties hereoy'engage to use every
means within their power respectively, for the suppression
of robbery, and piracy within the Straits of Malacca, as
well as the other narrow seas, straits, and rivers bordering
upon, or ~ithin their respective territories, in as far as
the same shall be connected with the dominions and inunediate
interests of their said Highnesses.
Article xii
Their Highnesses the Sultan Hussain Mahomed Shah, and
the Datu Tumungong Abdul Rahman Sri Maharajah hereby engage
to maintain a free and unshackled trade everywhere within
their dominions, and to admit the trade and.traffic of the
British nation into all the ports and harbours of the kingdom
of Johore and its dependencies, on the terms of the
most favoured nation.
Article xiii
The Honourable the English East India Company hereby
engages, as long as their Highnesses the Sultan Hussain.
Mahomed Shah and the Datu 'Iumungong Abdul Ralunan Sri
Maharajah shall continue to reside on the Island of Singapore,
not to pe~mit any retainer or follower of their said
Highnesses who shal1 desert from their actual service, to
dwell QT remain in the Island of Singapore or its dependencies.
But it is hereby clearly understood, that all such
retainers and followers shall be natural born subjects of
such parts of their Highnesses' dominions only in which
their authority is at present substantially established,
and that their names, at the period of entering the service
of their Highnesses, shall have been duly and voluntarily
inscribed in a register, to be kept for that purpose by the
chief local authority for the time being. · ·
Article xiv
It is hereby mutually stipulated for and agreed, that
the conditions of all former Conventions, Treaties, or
Agreements entered into between the Honourable the English
East India Company and their Highnesses the Sultan and
Tumungong of Johore, shall be considered as abrogated and
annulled by the present.Treaty, and they are.hereby abrogated
and annulled accordingly, always, however, with the
exception of such prior conditions as have conferred on the
40
1s I
16
Honourable the English East India Company any right or title
to the occupation or possession of the Island of Singapore
and its dependencies, as above-mentioned.
Done and concluded at Singapore, the dat and jear as
above written.
Signature SULTAN HUSSEIN MOHAMED SHAH
Signature J. CRAWFURD
Seal or Mark TEMENGGONG ABDUL RAHMAN
Signature
Signature
Signature
AMHERST
EDWARD PAGET
F. FENDALL
Ratified by the Right Honourable the Governor-General
in Council, at Fort William in Bengal, this Nineteenth day
of November, One Thousand Eight Hundred and Twenty-four.
Signature GEO. SWINTON
Secretary to Government
41
Annex 5
Extracts from the 1833 Charter of the East India Company
. . '
· · a & 4· W/JY:
~ble.o·ut o{. and-be charged and-'(:harge~bif,Upi:>'n··th~· C.i?hsOlidat;ed
·Fund ·of the :United Kingdom. of Great-Britain and .. Jreland,:aftet.
paying or reserving sufficient, t.o, pay all.- such_.Sutn.·or Sum~·. of
Money as have been directed under any foqner Ac.t ·or Acts· to bf?
paid out_of -the same .Fund; and the ~sai_d -Salaries_ or Sums: shall
from Tirrie. to Time: be paid and _payable quarte~ly,: free and . clear
of and over ;ind above all Fees,· Rates,. Taxes, anp. Dedu_ctions
whatsoever,· at the Four usual -Days of PayJ,llent in the Year; that
is- to. say, the Fifth Day of January, the Fifth Day of A_pril,.the Fifth
Day of July, and .the Tenth Day of October in ·ea~h Yeai·; ·in even
and equal Portion.s, the first Payment to be made on su~h>of the·
,.said Days as shall next happen after. the Appointment or· Succession
to the saig Offices respectively shall hav:e taken place. · . _
lk-appoint- - IX. ' And whereas. the Office· of Clerk of lnrohnen·ts .in Bank~
ment of Clerk ' . ruptcy· · is by the said · recited Act also direc_ted to cease as -therein
of Inrolments
in Bw,kruptcy -' ·specified, but Power to re-appoint to the .said Office is given by
agreeably to ' the Act- next herein mentioned;' be it enacted, That the_ said
Act 2 & 3 W. :4• · Office shall and may continue and be in force, and that :fit and
c.
114
' proper Persons may be from Time to Time appointed to the same;
with· all the Powers, Authorities, and Duties, Fees, Rig11ts, and
Privileges, given to -or imposed upon the i;aid Office by:an Act
passed in the Second and Third Years of the Reign of His prese1_1t
Majesty, intituled An- Act to amend .the Laws relating to Ba.n.krupts,
any thing in the said first-1·eci~ed Act to the contrary thereof not-
-withstanding. ·
CAP. LX:XXV!
An Act for effecting an Arrangement with the East India
Company, and for the better Government of His. Majesty's
Indian· Territories, till the Thirtieth Day of
April Orte thousand eight hun.dred· and fifty~four. · .: · · ·
'[28~i- Aug:ust 1833
0
• J,
' . WHE1:lEAS by. an A?t passe.d in the Fifty-thir~ Y e~r _ ?f:th~
' · Reign of His MaJesty King George the ';rhird, mt1tuled
.ss G, s. ·c. 155. · , An Act for continuing in the East .India Company_ for a further
' Term the Possession ef tlie Brit~h Territo'ries in India,_ together
' with certain exclusive Privileges ; for estahlislling further Regula-..,
tio7l8 for the _Government ef the said .Z:erritories, arul' . the: better·
' Administration of Justice within the same ; _ and_ for r~gul.ating tlif
' Trade to and from the Pla.ces within t~(! .I;,,imits_ .of· the said. _Cn~,
pan!/s Charter, the Possession and Government of .~~ BrJtis!t
' Territories in.India were continued_ in the United Co.mpany ~f
' Merchants of E1i!J.Iand· trading t~ the l}ast Indies }~r a TE,?r~
' therein mentioned: And whereas. the said Company axe entj.,tl.~μ
'· to or claim the-Lordships and .Isla~ds of _St..Beleria lm,d !J.qm1!H,'!J
' -under. Grants from ,the Crown, and other ~toperty to, .a_ l~,Fge
' 4.mount. in Value, :and- also_ certain Rights ancl Privileges: p.~t
' . affected by the :peterminatioh of: the. Term:. gr?nte_d by the _s_aid ·
': recite~ Ac~: And _whereas. the_, ~~id pompllflt ha ye -~q11~e11tecl, th~t
' aU _th~r Rights and Interests to or 1n :the_ ~ul Territories, .~A :.~Jl
'· -their ·Territorial and Commercial, Realand ::Personal A$S~ts_,;,md
,-,.P:roperty ~hatsoever,_-shall, subj~t ~. th,~i ~e?~s· a11cf ~i,a~ij1~es
' now affecting the sa_me,. b~. placed at_ ~e ])1_sp~:5:&Lof P~!l.1.~m~:}t
· ' 1n.
17
18
i"sa:i :' _ _ Etijt lnditi Ciii1Jji~nyi:C?iart~~; - . · Oip. ss>
' ·in· co11sidetatfon bf 'cer-~ih Provisio~·kh~rein-..:afte1i m,11 tiorted,- ·an·d:
. '. hav~. also consented th_a:t th~ir Right to trade fol'° thefr own ,Profit
~ hi con1mon with other His- Majesty's Subj eds 'be suspended du'ring .
'·such Time· as the Government of the said Territories shall be .
' _confided· to th~nf: And whereas · it is ·expediert t that -the said
' Territories now under the Government of the.said Company be
c continued tJ. nder such Government., but j n Tr,ust for the· Cro~n
' of the United Kingdom of -Great Britain-and.Ireland, _and dis-
' charged of all Claims of t_he said Company to any Profit there-
' -from to their own Use, except the' Dividend hereiu,.after secured
' to them, and that the Property of the said Company be continued
' in their Possession ·and at their Disposal, in Trust·for the Crown, ·
' for the · Service· of. the said Government; and othe1; Purposes in
' this Act mentioned:' Be it therefore enacted by the Kints most
Excellent ·Majesty; by and with the Advice and Consent of the
,,_
.sijif
Lords -Spiritual a.nd · Temporal, and_ Commons,· in this present
Parliament assembled, and by the Authority of the same, That The Britisl!
· from . and after -the TwentyMsecond Day of April One th9usand ~z~:~c=ai~
eight hundred· ·and thirty-four the Territorial .Acquisitions and under the Go.
Revenues mentioned or ·referred· to in -the said Act of the Fifty:. vernment of the
third Year of His late Majesty King George the Third, together .~:i1:r;Ji~i~54
•.
_ with the Port and Island of Bombay, and all other Territories now
in 'the Possession and under the Government of the said· Company,
except the Island -of St. H_elena, shall remain and continue under
such Government until the Thirtieth Day of April One· thousand
eight hundred and fifty-four; and that aU the Lands_ and Hereditaments;
~evenues, Rents, and Profits of the said Company, and
._ all the Stores, Merchandize, Chatte]s, Monies, Debts, · and Real
and Personal Estate whatsoever, except tQ.e said Island of-St. Helena,
and the Stores and Property thereon herein-after mentioned, sub,:.
ject to_ the Debts and Liabilities now affecting·the same respectively,
.and the Benefit of all Conti•acts, Covenants, and Engagements, and
all Rights ~o Fines; Pen~lties, and Forfeitures, a~1d other Emolu:..
ments whatsoever, which the said Company shaU be seised or possessed
of or eriti~led unto on the said Twenty·second Day of April
One _thousand eight hundred and thirty-four, shall remain and be
vested in, an~ be held, received, and exercised respectively, according
to the Nature and Quality, Estate and Interest of and in
the same.respectively, ·by the said Company, in Trust for Hi~ l\fa..,
jesty, His ·Heirs and Successors, for the Se1;vice of the Government
Real and 'Pl!?sonal
Property
of the Company
to be held in
Trust for the
Crown, for the
s~ice of Ind in,
of India,· discharged of all· Claitns of the said _Conipany·to any Profit
or Advantage-therefrom to their own Use, except the Dividend on .
· their C~pital: Stock, secured· to the~ ·as herein-after is mentioned,
subject ·to such Powers -and Authorities fo~ the ·Superintendence,
Dii'ectim;1, and· 'Conu·ol over the Acts, Operations; and Concerns ·oC
the said ,Company·as have ·been ·ali·ea~y :made or provided ·by any·
Act or Acts of Pa1;liamen t irt -th~ t Behalf, or ar~. ~ade_ or provided _.
by this· Act, _.
' . · II. And he it· enacted, That a:ll- and· .singular -the Privileges, All Privilt!gcs;
·Franchises;- ~bili_ti~s; Capacities,. ·Powers, Authot'ities, 'whether Powers, &c,·
Mjli_t.ary or Civil; -~ights, Remedies, Methods of Suh, Penitltie~, gr~ntc<i by SB'
-Forfeitutes,·Dis:,tbilities, Provisions, Matters and Things wha.tso~v~.r ~~ 3i-:~~st:_·
·granted -to or continued in the s_ai_d United -C9mpany by 'the. sa:id ~Y limited; .nn'.d
: Act :of- ·the Fifty..:third ·Year ·of King· -Geo1:9c 'the Third, fof tind an1
· I . . E~m~ .no repugnnnt to _
· · 3 2 · clurmg this Act; , .. -_
' .
--~6_8 Ea,s(-Jndiit C<J1!!.p_ar,.J!s .. Cl!0:-rk": • • • I
·- 4·w 1·u -
· 3 & ._ t~ ·'"'·· -
du~ing th~-.. -'f ~rm llini~ed-: by the. sa.i4· .A.et,_ ~d. :allro~er ,th.e_ ,~nactmen
ts,- .Provr:non~, Matters, -and Things contauw_d m_. .the -sa1ij _,Act;.
01· in.any ·other_Act or Acts whatsoever,.which arelimited,-or may
be_ constrnei;l .to .be limited:,to continue for·and during the,Tenn
granted to the said Company by. the ~id Act-of tlle· Fifty-third Year
of K~DK George the Third, so _f~r as the same or_-any of -theJp. · are
in force, and not repealed by o_r repugn.~nt t_o the ~nactments
as also all Rights ;herein-after contained, and all Powers of Alienation and Disposition,
and Immunities Rights, Franchises, and Immunities, which the said United Com.:. :t\';;.0C::C':1'" -pany now have, shall continue and be ,in.force, and n,ay be ex.:.
1:mtirAprillS54-, erc~sed and enjoyed, as against all Persons .whomsoever, subject-to.
subject to Con- the Superintendence, Dir~ction, and Control herein-before .men·
· trol. "tioned, until the Thirtieth D<!,y of April One thousand eight.hu_ndred
and ~fty-four. - . . , : -
· Fro~22d April .: III. ·Provided_ always,-and be it en~cted, That from and after the
18S4-, China and .sa~d Tw~nty-seco~d J?ay o~ April One t~ousa~d eight h_un~r~d and'
· Tcea Trade
1
of thutv-four the exclusive Right of Tradmg with the Domunons.of
ceBomSep, any O t b e E-mper0:r o· r ·rvim, ·n a, _an d or · trad i ng m. .T. ea, contl. nue d to t h e sa1" d·
Company by the said Act of the Fifty-third Year of King -Ge_orge
· _the Third, shall cease.
company to _ IV. And be · it enacted, That t4e said ,Company shall,. with all
_ ·close.their C?m- conv_enient Speed after the said Twenty-second Day of April One
mercial dBusi-ell thousand eight hundred and thirty-four, close their_ Commercial.
ntheessir, aPnr optoe rst y ." B usm· e_ss, an d mak e sal e o f a_11 t h el·l ' M ereh an di ze, S tares, -aμ d
not retained for Effects at.Home and Abroad, distinguished in their A~count Books
Government. .as Commerc.ial Assets, and all their Warehoq:ses, Lands, Tenements,
· Company not
prevented sell·
ing Goods the
Property of
other Persons.
Hereditaments, and Property .whatsoever which may not be retained
for the Purposes. of the Government of the said Territorie.s, · and
get in all Debts due to them on account of the Commercial -Br~nch -
of their Affairs, and reduce their Commercial Establishments as· the
same shall become unnecessary, and disc,;mtinue and abstain .from
all Commercial Busin~s.s which shall not. be'incidel)t to the cl_o_sing
of their actual Concerns, and to_ the ~nYersion into Money of the
Property herein-before directed to be sold, or whi~h shall. ·nqt_be ·
-carried on for the Purpose,s· of the said Gove1·nment. ·
V •. Provided always, and be it enacted, That nothing hereiμ.con-
. tained shall prevent the said C.ompa_ny from selling, at _the Sales of
their own Goods and Merchandize .by this .Act directed,or-au_tporized
. to be made, su!'.!h Goods. anQ. Merchand_ize_.--the ~roperty-of
other Persons-as they may.now lawfully sell at.th_eir_p~bli_c:. Sales .. ·
Board of con- VI. And be it enacted, That the Board of Commissioners Jor._ the
· uol to superin. '_ Affairs of India shall. ;have. full ·.P9,;yer .to , SU pe_rinteIJ.d~ -direct,· and
:.~d ;~;P~r!;,of . con ~ol the _ Sale of ~he said fy.I~chancμze, . Stor:es, and Effec_ts, . a_nd
the Reduction other Prop~rty.her~m-b~fore directed to b.e sold, and,to determ1.n~
o!the Co~mer-.Jrom _Thpe, to Time,. until tl_te saicl .Property sh~ be_ conver.tei;l ,into ·
:~
0!5;:::nt. Mot1;ey, lVhat Parts _ofth_e said .~omme,rcial .Establis.hments shall.be
or Commercial- continued anq.. _reduced respec_t1vely, am, to contrC>l the AUqw~ce
Claims, &c. . and Payment of all Claims upon the said Company con_hecte<l ,with
. ·_. the Commercial ._Branc~ _of :t4eir .AJfairs, and ·gener~ly.:t:O !i!Uper--:
intend .an_d control all ,Acts and Operations .y.hatsqever.of:. the sai.d
Company whe~eby th~· Value of the Prope_rty ,<{ the ·said Colllp.a.ny
. m11y be affected;. -and t4_e said Board sh3:ll. and, -iQ.ay :appo~nt ,:sueμ
. Officers .as shall be necess~ry .t~ a~~nd ;upo~. the .said Eoar~Ld~ring
the winding ·np·,of-: the .Comme.r,cial B'-1siriess_.of- :the said,Gompllny;
·Board to ap.
point Olli.cers .'
to attend them'
. dming the·. · · · · and
19
20
Ea1t·,-Indi"a: Comp{iny's -Cliarler. -., Cap_/85} '.
and that the: Cliarge of such Salaries' or Allowances as-1HkMajesty. wh1ding up 0~ .·
· sh'.11:1, by any Warrant or _Warrants un<ler·His Sign Mi3-~ual; c'!un ... ~~=ercial tersigned ·by the Chancellor of the Exchequer for the Time beip.g, · · · ·
direct_ to be paid to. such Officers, shall·. be· defrayed by the -said ·
Company, as herein-after mentioned, in addition to the ordinary ·
_ Charges of the said Board. · · . · ·
· VII. And be it · enacted, That it shall · be lawful for the said The Company
Company to·take into consideration the Claims of any Persons now ~!. cons;'!;r: · -:
or -heretofore employed by or under the said· Company, or· the -me~ omc':~;
Widows and Children of any such Persons, whose Interests may be reduced, and,
affected by the 'J?iscontin1;1ance o( the said CC?mpany's Trade, · or·· :r~t!~~~B~:~d ·
who may- from ·Time to Time be· reduced,- and,· under tl_ie Control grant Comp en.'
(?f the said 'Board, to grant such Compensations, Superannuations; .sations.
or Allowanc~s ( the Charge thereof to be defrayed hy the said· Company
as herein-after mentioned) as shall appear reasonable:· Provided
always, that no such Coinpef;lsations, Superannuations, ·or
_Al_lowances shall be granted until the- Expiration of Tw? Calendar
Months- after Particulars of the Compensation, Superann1:1,ation,
.or Allowance proposed to be' so granted shall have been laid before
both· Houses of Parliament. ·
. VIII. Provided always, and be_it enacted, That.within f:he first The Parti!}Ulars
Fourteen sitting Days after the first meeting of Parliament in every · ;11.dhf to be.
. Year there be laid before both flou.ses of Parli_ament the Particulars ;arlia%°:t -
of all Compensations, Superannuations, and Allowances so granted, evE:rY Year.
and of th~ Salaries and Allowances directed to be paid to such
Officers as may be appointed by tl1e said Board as aforesaid during
the preceding-Year. ..
IX. And be it enacted, That from and after the said Twenty- ·Compai:iy's
second Day of April One th~usand ·eight !mndred an~ t~irty-four f!~i~: ·
all the Bond Debt of· the said Company 1n Great Britam, and all charged on
the Territorial Debt of the said Company in India, and· all other lndiu.
Debts which shall on that Day be owing bl the said Company, and
all Sums of Money, Costs, Charges, and Expences which after the
said T,venty-second Day of April One thousand eight hundred and ·
, thirty-four may become payable by the said Company in respect oi·
by reason of any Covenants, Contracts, or Liabilities then existing,
and alJ Debts, Expences, and Liabilities whateve.r which after -the
same Day shall _be lawfully contracted and incurred on account of
the Government of the· said Territories, an:d·all Payments by this .
Act directed to be made, shall be charged and chargeable. upon the
Revenues of the said Territories; and· that neither any· Stock .or
Effects which the said Company may hereafter-have to their own
Use; nor the Dividend by this Act secured to them, nor the· Di;.
rectors or Proprietors of the said Company, shall be liable to· or .· _
chargeable with any of- the said Debts,· Payments, or Liabilities. . .
·X. PI'ovided always, and be it enacted, That SO' :1o_ng· as · the While India is
~osses!~,on ~_nd ~over~ment of the said Terri_tori':s shall. ?e con;. -!~!~r07:;:m~
tmued to_ the said Company all Persons and .. Bodies Politlc sha11 Coi:nplllly, their-.
and may have and take the same Suits, -Remedies, and.Proceedings, 3:roperty~con~
]egal and eq~ta.b!~, against the.said Company, in respect·o~·'Slich :x~s:i~t~?0<
Debts an·d Liab1ht1es as aforesaid, an4 the- Property vested' m .the · . -· -
said .Company- in Trust-as aforesaid sl1all be;imbject·andliable·to
the same Judgmeri ts and :Executions,- in the.-same JWauner.and Form
;3 I 3. respectiYe1y
. ' ' - . '
' .
_ .East iii.dia,<;ompa_iJ,ys :Cha,rte~
respectively:_as if._the-s.aid Pl'.9p_erty we~e hereby;:continued,-:11> the.·
said Company to their own -Use.- _-. . _. ·. · ... · ··. ·.- ·- . · ,; _,_: _
. A Dividend o"r" ~L A_nd be it,enacted, That out of the Revenues ·or the ~id-
IOl. 10s. per Ter:ri\ories. there shall be paid to _or retained by the said Company,
·. ;®i,!· ;=:d~ri·' to their .own. Use, a yea~·.ly Dividend after the 'Rate of Ten Pounds
Company's Ten Shillings per Centum per Annum on the present Atnount .. oftheir
Swelt by half- Capital Sfock; the said Dividend tQ be payable in Great Z,ritain, !C:1Y ~r,:ts· by equal half-yearly Payments, on the Sixth Day of January. and
~n rea r1 n, the &ixth Day of July in every Year; the first half-yearly Paymen~
to be made on the Sixth Day of July One thousarid·eight hundred
and thirty-four. . _ ., :
ilivid~d to be XII.- Provided always, and be it enacted, That the said Dividend
subjec~ to Re- sl1all be. 5:μbject to Red~mption .by Parliament upon and at any i:~J:~n~!rter Tjme_ after the Thirtieth Day of April One thous~d eight hundred
April 1874, on and seventy-four, on Payment to. the Company .of Two -hundred
Payment of ·Pounds Sterling for every' One_ hundred Pounds of the said Capital
· :;:/or lOOl. ·~tock, together. with . a proportionate Part of the _ same Dividend,
if the Redempt10n shall take place on any other Day than one .of
Notice of Re- tbe.-said half-yearly Days_ of Payment: Provided also, that .Twelve
-demption. Months Notice in Writing, signified by th~ Speaker o~ the .~ou~·
of Commons by the Order of the House, shall b~ given to -the -
said Company of the Intention of Parliament to redeem. the said
Diyidend, ,
rr Company _ XIII. Provided always, and be it enacted, That if on or at any
deprived of the Time after the said Thirtieth Day of April One tliousand .. eight tni:n::n~:Y hundi·ed and fifty-four the said Company shall, by t_he Expiration
demnnd lie- of the Term .hereby granted, cease to retain, or. shall by· the_
de~ption of the Authority of Parliament pe -9-epri.ved _of the Possessi_on andDmdeud.
Government of the said Territories, it shall be lawful for the .said
Company within One Year thereafter to demand the Redemption
-of the said Dividend, arid Provision shall be made _for rede~ng
the said Dividend, after the Rate · aforesaid, . within Three Years
. ~fter such Demand. ·
Compony_to pay XIV. And be it enacted, TI1at there slmll be paid by the ~d
~
0
0~:i;ro~s- ,~m_pany into the B~nk ~f Eng"/and, to ~he Ac~ount of the ComReduction
of missioners for the Reduction of the National Debt, .such. Sums. of
. Natiun_a1 Debt · Money as shall 'in the whole a111ount.to. the Sum -of Two Millions
2,ooo,oooz. i · · Sterling, _with· Compound lntel'e.c;t after the Rate of Three. Pounds
Ten Shillings p/rf Centum per Annum, computed lialf-yearly from·
.the said. Twenty-second Day of April One .thousand eight h~ndred
-and thirty-four, on so much of the said Sums as shall from Time
to be placed to Time-remain unpaid; -and the Cashiers.of ihe·said.;Bank shall :ee!~t:;n;:!~ ,receive all such ·sums of- Money, and plac;:e the same .to a ·separate
of the Company. Account with the said Commissioners, to be intituled '·' The Account
of the .Security Fund, of the India_ Company;u_ ·and that as -well_.th,e
-Monies -so paic:l into the· said Bank as . the Dividends or· Interest _
which shall arise therefrom shall from Time to Time be laid .out,
under the Direction of the said Commissioners, in .the Purc~~e_. of
Monies and
Dividends to
be ls.id out in
'Securities, and
·Dividends
C~pital Stock in any qf- the_ reqeem~ble Ptt_blic Annuities .tra.ns"'.'-.ferrable
at, -the Bank of. Englfi,nd-; .. which Cap~tal Stock. ·so .p11r- .
chased .shall -be invested in the Names .of the said ·Commissioners
-0n. ace.aunt the said - Security_ ~u~d,. and· the :pi~idends,: paya~l~ :thereon
shall. be received by the said. Cashiers -~ad place_d; to t~e:
· - · said·.
21
22
':giid Ac~ouht,-'Until the. whole of ' the.: Sums-' so :'received: on:· iimch placel~\,the',
Acco?-lit shall ha,ve __ amou~~ed-· to. the ·Sum ·~o~ Twe~ve·:Mm~on~ _!::.:r/~~1
.:'
Sterling ; and- the said _Momes,· Stock, and· ·Drv1dends, or Interest, amounts i<>
shall-be·a Security Fund for better securing to ·the _said Company 12 Millions.:
the· Rel;lemption of their said Dividend after the Rate herein.before
appointed for such Redemption: · . . ' - . . ·
·. XV. Provicled always,·and be it enacted, That it shall he lawful Coml!llssionei'S',
for the said Commissioners for·the Reduction of the National-Debt for Reduct~on- . ·
~om Tirrie to Th:ne, -and they are hereby_requ_ired~ upon requi~i~ ~e!t!a°;0~ ...
tlon ruade for that· Purpose by the Court of .Directors of the said lkquisi.tion of
Company,. to raise and pay to -the said Company such= Sums of ~urt, may raise .
Money as may be necessary for the Payment of the said 9ompany's in;:~f;~:i~~d ·
Dividend by reason of any Failure or Delay· of the Remit_tanC~!i. of· in case of Failure ·
the proper Funds for ·such- Payment;· such Suins of Money to be or. Delay of .Re!-
rai.s e d by c~,al e or T ranIl.': :r or :D epos1· t by way of M. o rtgage of . a· npurottpaenr cFeu.no&f !, ·.· ·.
competent Pa1·t of the said Security Fund, according as· the -said ·
Directors, with the A pptobation of the· said Board, shall direct ; . to
be repaid into the Bank of England to the Account of the Security'
Fund, with Interest after such Rate as the Court of Directors, with
the Approbation· of-the said Court, shall fix, out of the Remitt.a.nces
· which shall be made for answering such Dividend, as and when
such Remittances shall be received. in England. · · · · ..
XVI. Provided always, atid be it enacted, That all Dividends on Application of
the Capital Stock forming the said Security ,Fund accruing aft~r r:~!;;:~d,
the Monies received by the said Bank to the Account of such Fund and the Fund
shall have amounted to the Sum of Twelve Millions ~terling, until itself in aid of
the said Fund shall be applied to the Redemption of the said Com- Revenues, .
pany's Dividend, and also all the said Security Fund,·. or so .much
tl1ereof as shall remain after the said Dividend shall. be wholly
redeemed .after the Rate aforesaid, shall be applied· in aid- of. the
Revenues of the said Territories. · .
XVII. And be it enacted, That the said Dividend on the Com- Company's .
· pany's Capital. Stoc~ shall be pai~ or re~in.ed: as· aforesaid O?t·.of ~~1~:~~r-be .
such Part of the Revenues of the said Tern tortes as. shall be reillltted &venues iri . = • ·
to Great Britain, in preference to all other Charges payable there out pr~ference to.·. _:
in Great B~ita!n ; and that the ~aid Sum of Two Milli~ns Sterling !~~.~~-· ..
shall be paid m manner aforesaid out of any Sums which shall on to be paid out.·. .
the said Twenty-second Day of. April One thousand eight hundred of Debt due. •. ..
and ~irty-fo~r be: due to th~ said Company from the fubli~-as a~d :'f b~Ll:U:t
when ·the same ~hall be received, and out of any Momes which shall StoDk, · · ·
arise·from the Sale of any Government Stock on that Day-belonging
to the said Company, in preference-to all other Payments thereout;
and, that, subject to such- Provisions for Priority of Charge,.· the- subject to.such .
-Revenues of the said Territories, and all Monies which shall belong· Prioritid~~~~: .
to t he sa1. d. C o. mpan y on t1 ·1 e sa!" d T.w enty-secon d ·D · aY. of ·A ' f"·z O· ne ntou,ebsea anp pl~i_,.eodn· 1toe·s_ .
thousand e~ght hundred and tlnrty-fo1:1,r, ,andall-Momes,wluch shall Service oflndia ·.
be thereafter received by the said Company from and -in .re1.ect ,_of r..
1
ti.d ·APurposesd· or ~
t he Pr op'e rty. and ·R "i g1 1 ts ves.t e d· m. : t1 1em m. ·T:' rus. t as a1.I.0': resa.1• , sh a · 11 tC nosn troelt., u·n . er· .· .
be applied to the- Service of the Go·vernment of the saiq Terri~ries, .. · ·
and in defrayi~g all Charges ·and-,Payments by this Act·created,.':or
confirmed and-directed to be made respectiyely, in· such Order,.as
the said ·court. of -Di rectors,: under the Contrtll of . the said ·;Boa:t4
sba11 from Time· to Time dii·ect·; · any.- thing hi. any .other, Act.:o.r
Acts·,contained to t11e conti"al'y B0t,vithstai1di11g. ·
. 3 I 4. XVIII. Pro~
_Not to prejudice " _.X \7 Ill •. _ f~·o:vi~ed: also, .a:nd be it enac.te4, l'hat, nQ.t.hilJg·, hey~iil.
fu'r:ae~~~-·· co.1_1ciined. sh;tl.l _be co,nstrued: or_. qper.~te to the Preju4ice:of any·
Covenant be- _ , Pe_rsons_ claiming or. ~o clai.m unde.1· .a -D~ed of., Co:venants · <,lated .
tween the Com- the Tenth.·Day-of Jul,y One·thousand eight hundrecl an.d :fiv.e,·and -
pan~tnd the J:nade ,be.tw:een. the said Company of _ th~ one P~rt, and the:-_se_ve.ral ~~:i:;r the Persons whose Hands should be ther~to-set and affixed, an_d .. who
Arcot,:&c. .· respectively were -or. claimed .to be Creditot:s cf .H is. Hig4ness the
Nabob Wallah Jah, formei:ly Nabob- of.Arcot and of _.the Carnatic
.in the ,East Indies, and now deceased, .and of His Highnt:?ss. th~
Nabob Omduli ul Omra,h, late Na:bob.of Arcot and of.,the Carnqtic,and
now also deceased, and of .His.Higlmess the Ame_er ul.Omralt;
of the other Part. .
His Majesty
may appoint
- Commissioners .
for the Affairs ,
of Indin.
XIX. : And be it_ enacted,. That it shall. and. may be lawful fo~
His Majesty ·by any Letters ·Patent, _or ·by- any CoIDJilissfon -or
Commissions to be issued under the Great · Seal of• Great Britain, .
from.Time to Time to _nominate, const_itute,. an~ appQint; p.uring
Pleasure, such Persons as His._ Majesty shall . think . fit to -be, . and
who. shall.accordingly be and be .styled, Commissioners for. the ,.Af,
fairs of India; and every Enactment, Provision, .Matter, and Thj,ng
relating to the Commissioners for the Affairs of _India in any o.thf!r
Act or. Acts contained, so far. as the same are in force and not .. repealed
by or repugnant to this Act,· shall .be de~med an4 taken -to
be c1.pplicab.le: to the Conunissioners to be nominated as. aforesaid.
Ex offidu Com- - XX. And be it enacted, That the Lord President of the Council,
niissioners, the Lord Privy Seal, the First Lord of the Tre:asury, t;he Principal
Secretaries of State, and the Chancellor of the Exchequer for the
Time being shall, by virtue of their respective Offices, be and they
ate hereby, declar.ed to be Commissioners for the Affairs of Jndia, ·
in. conjunction with the Persons to be nomin~ted in any -such
Co.mmission as_ aforesaid, and .they_ shall have the same -Powers
respectively as if they had been expressly nominated in -such _Com'."
mission, in the order in which th~y are herein mentioned, next aft_er
the Commissioner first .named therein.
Two Commis-, .. ·xxi:. -And be it en~c.ted, That.any Two or more of the said
sioners. m11y . · Commissioners. shall and may form a Board for executing the seyeral
form a Doard; ···Powers _which by this Act, or by any other 4-Gt or Acts, are or shall
first-named· to
be President ;
in his Alisence
the next ill
order.
be given to or vested in the Commissioners for the Affairs of India;
and_ that the .. Commissioner first nl'!,meq- in any such Letters Patent
or . Commission, for the Time being, . spall. be the President _of, the
said_ Boa1:d; and that when any.Bo_ard shall ·be formed in the
Absence of the President, the _Commiss_ioqer ·next. in order .pf
Nomination in_ this Act or in the said· Commission,, of. those who
shall. be_ present, shall for that Turn -presid~ at the said Boar.cl. ·, -
President and XXII._ And beit enacted, That if the _Comμiissioners present,.at
occasional P~e- any. Board .shall be. _equally divided in . Opinion . with. respect to any . sid~hv:te. Mat~er. by. th1;.m ~scussed, .~hen and. i~n. every s~ch. Occasion thethe_
· ~ . ·Pres1d,ent, .or m ,his .A,bsence the. ComIIllSs1oner actmg as sucl1, shall
-haye Two Voices -or tl:ie casting. Vote. . _ _ · .
The Board to XXIII. Arid-be it el)acte9-, That.the sa1d Board- shall and-may
appoint Two noμrlnate . an,~ a.ppoin t TVio Secre~ie~, and. such' other Officers as
_Secretaries and .shall' be neces. sary, to_ attend upon th;e. sai<l ·Board, who_. shall.:be.
other Officers, subject.to D}snrission at the. PJel,\Sure:of ,tl1e said Bo_ard; '.a.nd:each - of .the saip_: S.ecretaries shall have the. ~€:: P:owel'l?i;J~igh:ts;. and
- Privileges · as )>y any'. Act .or: Acts., no_w ~n . fo_rc_e. ar.e ve.sted-,jn ·-the
· - - Chief
23
24
1$33.. ·East,lndia·:Bomj,any's::~. ·cap/65::-: - --·-\svjf
.Chi~ Se_cretary.:of-~lie :Coinmissioiu~rs for .the Affi;iirs·or Jndia--;.,.a~d ~r~id~t,:~:: -that-
the President ofthe .said".Board,,_bu_t-no ·other Commissioner"as · 0:,nes,,¥t ·
suchi ~nd the said Secretaries and _other G!ficers? shall ·be,paid-'liY --paide!:f ~~-.:
the said Company such fixed Salaries as His MaJesty.-shall, by·any· rles as the.·: · -
Warrant or Warrants under- his Sign ·:Ma:°ual, ~oimte~·signed.-_b~ ~~:C7·:sbllll-):·
the Chancellor of the Excl1equer for, the -Time ·bemg, direct -. ·. _- ·- ·- · ·- -
XXIV • .And be it·enacted,. That:if at any Time the sai~ .Board. Seeretaries-a,n11,;~.
shall deem it ex]:>edien t to · require : their· -~ecretaries and ' other .g~~j;t;eq~~
Officers ·of "the said Board,. or any of .the11:11 . to, take ;·an ,Oath·; of ed by.the.:B:oai-d;
Secrecy, and for the Execution ,of the, Dunes of their· respective
. Stations, it shall be lawful for: the said 'Board to-administer.such
Oath as they shall frame for the Purpose.· · · · · - . ---
XXV. And be it enacted, That the said Board.shall have-and .The Board or
be invested .with· full Power ~n~-Authority to ;s~perintend! direct, -;0:=~' ·,
and con?"ol ~ll Acts,. Operations, and Concerns· of. the,sa1d Com- Acts concerning·.·,
pany which .. m anyw1se relate. to;_or concern. the Government·-or Iridia, and the·, ,,_
Revenues of the .said Territories, or -the Property hereby vestedoin Sale of.Pro-_, ..
the said Company in Trust·as aforesaid, and all.Grants· of. Salaries, -petty.·' · ·
Gratuities, and Allowances, and, all ·other Payments and'. Charges ·
whatever, out·of .. or upon the ·said Revenues and Property respec-- -
tively, except as -herein-after is mentioned. . _
XXVI. And be it enacted, That the several Pe'rsons who -on . the Commission=, _
· said Twenty-second Day of April One thousand eight hundred.:and · Secret.arles,,_and -
thirty-fo?r shall be Commissioners_·for the.A~i~ .of-India, and ~2~~~6;4;: ..
Secretaries and Officers of such Board of Comnuss1oners,,sball con- tocontinueuntil .
tinue and be Commissioners for the Affairs of India;, and Secretaries their Appoin~·and
.Offi:cers of the said .Boar~ r~spectively, w~t~ the s~e Pow~rs :t:1 ~~·r~ ~
and subJ ect to the same Restr1ct1ons as to Salaries _ as , 1f they -had· -. .
been appointed by virtue of this ·Act, until by the issuing -of. new· ·_ -. -Patents,
Commissions, or otherwise, their·,Appointment ·.shall be
respectively revoked. - . · · · - - ,
X XV II. And be it enacted, That if,., upon the Occasion of :taking .Proprietors may·
any ~allot ,on the El.ection of a- Director o_r Direc:01:s_ of -the ~aid ;:;~~~:t:tr ..
Company, any Propr1etor, who shall be resident w1thm the Umted Directors:.: ·.
Kingdom, sha1l, by reason of Absence, n1ness, or otherwise, be -
desirous of voting by Letter of Attorney; he shall be at Jib~rty so
to.do, provided that such Letter of Attorney shall in every ~ase
-express the Name .or·Names of the Candidate or-Candidates for
who Ill such Proprietor shall , be so -desirous of voting, and· .sball be _
executed within -Ten Days next ·before such Election;-_ an& the
Attorney constituted. for such· Purpose· ,shall ·in every .Case ·deliver··
the Vote he .is so directed to give openly to the . Person-or.:Persons
who shall be authorized by the sa:id Co~pany to receive.the same;
and every such Vote shall be. accompanied -by an Affidavit or Affir;.; .
mation ,to_. be-made before_ a Justice of the Peace by the Proprietor -
directing· the ·same so -to be given, to. the. same or- .the Jike. ~ffect as
the Oath. or Affirmation 1I_1ow taken· by. Proprietoi-s .voting '.UPOil
Ballots at General· Courts .of-, the said Company, , and . in,. which
such Proprietor shaU also state the Day of. the ,Execution ·;of such
Letter. of Attorney;· and any Person making a false Oath or. ,Affirmation
before a Justice of.Peace for·.the Purpose aforesaid-shall be ·
held,to .have thereby com~itted wilful Perjury;--~and' ifany,,Perset~
do ;unlawfuHy or corruptly-,procure or.suborn· any .other·Person,1to.
take. the said Oath'·or .Affirmation before ·a ·JU5tice':of !th~.·Pea~e,)1.s.·_
aforesaid, -
. ' .()ap.;85~ ·East, India- C~mpanys. Cht1:rfir;. 3 &: 4 W~:IV.~
.· ' ' ' -
,aforesaid/whereby .he dr she shal,l conirrtlt· such: wilful Perjifry, and_
shall ,thereof -be· convicted,_ he,. she,- or they; for every such Offence, ·_
· shall -incur such Pains: and Penalties as are provided by Law against
· .Subqrnation of Perjury.· _ :· · - · . ._ - · · . ·
Repeal or .- ·,, XXVIII. And be ·it eriacted, That so much of 'the Act of the
Restrietion -in Thirteenth .Year of the Reign of King George the, Third, intituled
.IS G. S.e. 69. · • A fi 'llK
with respectto nn Act for estahlislting certain Regulations - "OT the better ..1.r..1..anagement
"li.ny Pe!'l"Jn em- ·ef the Affairs" of the 'East- India _Company as. well in India as .-in
·pJoyed in the · · Eutope,- as enacts that no Person employed in any Civil or Military --&t Indies .-
being chosen Statiop. in· the- East Indies; or claiming. or exercising any Power,
Director. Authority, or_ Jurisdiction therein, -shall be capable of· being ap--
. H aucb Person
has unsettled
::Accounts, he ·
'isball be ineligible-
for· Two
.Years, unless
they are sooner
settled. ·
pointed or chosen into the Office of ·Director untH -such Person
. shall ·have returned· to and been resident in England for the Space
,of Two Years, sha.lL.be and is .hereby repealed: Provided, that-if
-the said Court of Directors', with the Consent of the said. Board,
shall declare such Person -to be an Accountant with the said Com-
. p~y, and _that his Accounts are unsettled, or that a Charge ag~inst
.such Per.son .is under the Consideration of the said Court, such -
Person shall not · be capable of being · chosen into the · Office ·or
Director for the Term of Two Years after his Return to .ingland,
unless. such Accounts shall. be settled, or such Charge be decided·
. on, .before the ·Expiration of the ·said Term. , - ·
-Co~ to deliver - XXIX. And be ,it _further enacted, That the said· Court· of
t~ ~rd Ctes Dfrectors shall from- Time to Time deliver to the said Board Copies ':r co~tes~r c, . of all Minutes, Orders, Reaolutions, and Proceedings of all Courts
P~oprietors nnd of Proprietors, General or Special, and of all Courts of Directors,
1;~f>rs, ~sf, within -Eight Days after the holding of such ·courts respectively, leuC::~edi and also Copies_ of all Letters, Advices, and Dispatches whatever
Dispatches. which shall at· any Time_ or Times be received by the said Court of
Directors or .any Committee of Directors, ·and which shall -be
material to be communicated to the said Board, or which the said
NoOffieia.J ·
Communications
to be sent
by the Court
until npprovcd
by the Board;
Board shall-from Time to Time require.
XXX. And be it enacted,· That no Orders, Instructions, Dispatches,
Official Letters, or Communications whatever, relating to
the.said Tenitories or the Government thereof, or to the Property
or Rights .vested in the said Company iri_ Trust as aforesaid, or to
-any public Matters whatever, shall be at any Time sent; or given
·by the said Court _of Directors, or any Committee of the said Dh·ec~
'tars,' until the same shall have been submitted for ihe Consideration
of and approved by the. said Board; and for that Pu_rpose .that
··Copies of all such Orders, Instructions, Dispatches, Official Letters;
.;_or Communications which the. said Court of Directors, or any· Com:
mittee of the said Directors, shall propose to be .sent or given, shall
be·by them previously laid before the said Board, and that:within
-the. Space -of Two Months after· the- Receipt of such. proposed
:Orders,. ~nstructio.ns, Dispatches, Official Letters,. or Communica-·
,tions, the·saidBoard shall either return:the same to the said.Court
.of Directors or Comrnittee of Dh;ectors, with their Approbation
·. thereof, sig~ed under _th e -Hand· -of. One of the Secretaries- of the
-said .Board,·. by the _ Order of the said Board,- or if the . said Board .
,.shall .disapprove, .alter, ·or vary in Substance any: of ,5uch · prol_)osed
:Orders, 1nstruGtions, Dispatches, Official Letters, or Commu11ica:~ -
.tions,: jn_ ewery,_ suc_h ·Case ,the said_ Boa1·d _ shall · give to - ·the said -
:.Directors, -.in .Writing, : undel' _the Hand of.- One, of' tlie _Secretaiies·
of.
25
26
1833,' · · East India. Comp.any's ·Charter:'
of the said ·Board, by Order of. the said· ·Boatd; their Reason- ih:
respect thereof, together with .. their-Directions to the said Directors·
in relation thereto; and the said Directors shall· and they .are
875.'.
. hereby requir~d forthwith· to send the said Orders, "Instructions,
Dispatches, Official Letters, oi· Communications, in. the·Form ap--
proved by .the said Board,· to their proper Destinations: ·Provided except sueh · .
always, that it sh_all be lawful for the said Board, by Minutes from ~'::;~~0
_:·
Time to Time -to be made for that Purpose and entered on the. the Board i:ruiy ·
Records (!f the s.aid Board, and to be communicated to the said: allow,
Court, to allow such Classes of Orders,_ Instructionei, Dispatches,.
Official Letters, or Communications as shall in .such Minutes be
· described -to- be sent -or giv~n by the said Court without haying·
· been .previously laid before the said Board. · - ·
.. XXXI. And be it enacted, That whenever the said Court of Uthe Court
Directors shall omit to prepare and submit for. the Consideration- ofiit .~ tme
of tl1e said Board any Orders, Instructions, Dispatches, Official· mun~eatio:1ror
Letters, or Communications,. beyond the Space of Fourteen Days' Consideration
after Requisition made to them by Order of the said Board, it shall :{the Board,
and may be lawfnl to and for the said Board to prepare and send P:~ :_:~re-.
to the said Directors any Ordel.'s, Instructions, Dispatches, Official , ·
Letters, or Communications; together with their Directions relating
thereto; and the said Dh-ectors shall and they are hereby 1·equired Court to send
forthwith,to transmit the same to their proper Destinations., · them.
XXX1I. Provided always, and be it enacted, That nothing Representations
herein contained shall extend or be construed to extend to restrict may be made
or prohibit the said Directors from expressing, within Fourteen 1gfff?~ as to
Days, by Representation in Writing to the said Board, sue~ Re- mu~
1catio:;;
marks, Observations, or Explanations as they shall think fit., touch- and !3oard to·.
ing or concerning any Directions which they shall ·receive from the ~side_r :.~eh
said Boa1·d ; and that. the said Board shall and they are hereby tio!~ give .
required to take every such Representation, and t4e several Matters final Orders. ·
therein contained or alleged, into their Consideration, and to give
such further Directions thereupon as they shall think.fit. and expe~
client; which shall be final and conclusive upon the said Directo_rs.
XXXIII. And be it enacted, That if it shall appear to the said If Court think
Court of Directors that any Orders, Instructions, Dispatches, Offi- the .. Ord~s of · ·
cial Letters, or Co.mmwiications, except such as shall pass: throug4 !7~co3i~;
the Secret Committee, upon which Directions may be so given by coU:t~fK.ing's
the said Board as aforesaid, are contrary to Law, it shall be in the B~eh mar
Power of the said Board and the said Court of Directors. to send a o:'fo:: any
special Case,. to be agreed upon by and between them, and to be Case which may
signed by the President of the said Board and the Chairman of the be agreed upon;
sa'td Co mpany, :to Th ree or more of th e Ju dg es of Hi s M 3.•J es f..J o 's sbuee cho nOcpluinsiivoen. to
Court of Kinis Bench, for· the Opinion of the said Judges; and ·
the-said Judges are hereby required to certify their Opinion upon
any Case so submitted to them, and to send a Certificate thei·eof to
the said President and Chairman;. which Opinion shall be final and.
conclusiYe. . .
XXXIV. ~rovided al ways, and be it enacted anc:l declared, That ·Board. not
the said Board shall not 11ave the Power of. appointing any of' the emp~wered to· ' ·
Servants of the said Company, or o~ directing·_or interfering with :f~h~n~!1-cers.
the Officers and Servants of the said Company employed in the pany, or to.in-.
Home Es ta blishmen t, nor shall i~ be necessary for. the ~atd Court of terferc wit~ : ·
Directors to .submit for the _Consideration _c,f the said Boa.i:d .·their Ho~e 9n~~~~ ' . ··\. . . ' : ..
· Conunu·
:876: · - ·cap._;85i·. - East 'India -Compimy's,·ctiartei-). 3 & 4 W.\IV~ ·.
CinnmuIIi~tioris · with· -the 'Offi.cer~_ :or. ~ervarits ~mpl~yed·. _ih (tli~ltsaid
Home Establishment,:. or ·with the Iegal:Advisers ·of.the :said
Coinpariy. > _ ·. _ · . .. __ . .. _ · _ ·-
·Direct.ors to XXXV •. An_d .. be ,it enacted, ,That the said Court: of:Directors.
1!::,.~ Secret sh~l from Time to. Ti~e .appoint_ a _Secret-Co~uni_~e~_- to·· cori.sisJ ~r.
who 6haU tke -· any· Number not exceedmg T;hree _of_ the said Dll'ectors, for · .the
th_e following . particular ·Purposes· in,this Act specified·; 1which said0Direct6ts· so
~th.. . appointed shall, before they ·or- ariy-of them shall-act in-the· Execu·::-·
· · tion ·of the Powers and Trusts :hereby reposed in ·them, take· an -Oath
of the Tenor following; · (that- is ,to say,)· ' . -. · _· ·. . ' ' J ( A.B.) ~o swear, !hat I will, acco~ding· to; ·the pest of my Skill
' and J udgment; fa1 thfully execute the. several ·Trusts:and · Powers
' reposed in me as a Member of the Secret,Committee·appointed'by'
· the ·Court of Directors of the India- Company;. I will not "disclo~e
' or make known,any-of. the ·secret Orders,Instructions, Dispatches;
' OfficiaLLetters, .or Communications ·which shall be sent or given
' to me by.the Commissioners,for the Affairs of India,-save·only·to
· '· the ·other Members-of the said Sectet Committee,-or to the·Person
' or .Persons who .shall be duly: nominated and employed hi ·tran-.
' scribing or.preparing the same,respectively, unless I shall beautho,
rized ,by the said Commissioners to-disclose and-make known-the-
, -same. . · . . · So-help me -GOD/·
Which said- Oath· shall· and may }Je administered by the several and .
1·espective Members of the said Secret Committee -to each other ;
and,·.being so by them taken and subscribed, shall- be recorded·-by
the Secretary or Deputy .Secretary of the said Court of Directors for
the Time being amongst the Acts of the said Court.
Uthe B?8!d. . XXXVI. Prqvided also; _and be it enacted, 'That if the sa~d
arthe of:opMimon. Board shall be of opinion tha.t· the Subject Matter of any of their
atany atters D lib- . • - h 1 • u• k" p - wherein Indian e erattons · concernmg t e evymg "ar or ma mg eace, or
,or other.States treating or negotiating with any of.the·Native Princes·or States in
ere ~oncSecremed India, or with any other Princes or States, or· touching the' Policy
require ecy, d , h h p · S · · d d the Board may to be observe wit respect to sue rmces or ta.tes,1hte-q. e :·to
, send Offi~ial. be communicated in Orders, Dispatches, Official Letters, or Com--
ti
<?ommthrumca--h. niunications, to any of the Governments or Presidencies in India,
ons oug S 'd - _ ·
Secret Com-· .or to any Officers or ervant.s of. the sat Company,· shall be of a
inittee. Nature to 'require Secrecy, it shall and may be lawful for the said
Board to: send their Orders, Dispatches, Official Letters, or Com:.
munications, to the Secret Committee of the said Court of Directors
to be- appointed as is by .this.Act directed, who shall· thereupon,
without disclosing the ,same, transmit .. the .same according· to·· ~e
Tep.or thereof, or pursuant to the Directions;of·the -said Board, to
the .respective Governments and·· Presidencies, Officers, and Servants:;
· and, -that the· said Governments '.and ·Presidencies,: Officers,
and:Servants, shall be·, bound .to,pay,a faithful Obedience-thereto;
in ·Hke-:Manrier. -as if such Orders, Dispatches,. Official' Letters,. or
Communications, had been-· sent··. to ; them -by -the said Court of
Directors. · . ,
_ The CourMo,. XXXY:11. ·.And.be'.it enacted, That·_the,said Courl of Directors
· submit to.the. · shall, .before· the Twenty~second Day· of.April-_ . One tho~sand: eight
~
0:ars!~-- hundred.and·:thirty-four,-.and -afterwards.-fro'm.:Time·· to 1'ime.'·_so
:tn~ ues_. often as Reductions of the Establishment -of the, said Cow:t ·or-other
. and other. Ex. ·' :Citcunista~ces . may. require,.frame: and .. subm~t tti !the, ·said· .Boru_-d
~~es -o.fthe · .-.,,_ -an ·Estimate: of . .the '.gross: Snm: which ,vill be, annually· , 1;equired ,for India House, " ' -,-- · I ·
.t 1e
27
28
·1833, EastJndia ,.Cmnpanys\Charter.
· the Salaries. of- the Chairman, . Deputy . Chairman,· and . Members·.of'. whi:h ,;hall be ·
the said . Court, and the Officers a1:1d · Secreta ri_es .. th~reof, and· all d~%e:~~ Re-:
·other proper Expences fixed and- contmgent thereof, and of General
·.Courts of Proprietors; and such ·Estimate shall be subject to ".Re~
duction by ,the said Board, so that th~ -Reasons for. such Reduction
be given to the said Court of Directors·;· and· any Sum not exceeding The Sum allow-·
the Sum mentioned· in such Estimate, or_ (if. the sam, e shall be -re- ed to be appJi .. -
d ~to~ need) in such reduced _Estimate, shall be annually applicable, at Pmposes, at
-the Discretion of the Court of Directors, to the ,Payment .. of the -Discretion of ·
.said Salaries and Expences; and "it shall not be lawful for -the said · ~~ Court or. ·
:aoard to interfere with or control the particular. Application thereof, irectors. -.
or to direct what particular Salaries- or -Expences shall,. from· Time ·
-to 1'ime be increased or reduced: Provided always, that such ·and Accounts of: ;
the ~am~ Accoun~ shall be kept and rendered. of the :sums to be t?~~c;::~to· ·
applied m rlefraymg the Salaries and Expences aforesaid as·-of: the
-other Branches of the Expenditure of-the said Company.
XXXVIII. And be it enacted, That the Territories now- subject
to the Government of the Presidency of. Fort William Jn Bengal
shall be divided into Two distinct Presidencies, one of such Presidencies,
in which shall, be included Fort William aforesaid;·to· be
styled the P!esidency of Fort 1.Villiam in Bengal, and the other of
Presidency of. :
Fort Wtlli1101_" in
Benge.l to be
divided into Two
Presidencies.
.such Presidencies to be styled the Presidency of.Agra;· and that· it The Court to
·shall be lawful for. the said Court of ·Directors, under the Control declare the·
·by this Act provided, and they are hereby required, to declare and i}:~~!'t~eappoint
what Part or Parts of any of the Territories under·the -ofthe ·several ·
Governmemt of the said Company shall from .Time to Time be Presidencies.
subject to the Government of each. of the several Presidencies now
subsis_ting or to be established as aforesaid, and from Time to. Time,
, as Occasion may require, to · revoke· · and . alter, in: the whole ·or: in
part, such Appointment, and such new Distribution of·the same-as
sha11 be-deemed expedient.
XXXIX. And be -it enacted, That _the Superintendence, Direc- Government of
· tion, and Control of the whole Civil and Military Government of all India.
the said Territories and Revenues in India shall ·be and is hereby
·.vested in a Govemor. General and Counsellors, to be styleil." The
. Governor General of India. in Council • .,. - .
XL .. And be it enacted, That .there ·shall- be· Four Ordinary There shall be
Members, of the said Council,. Three· of whom· shall from Time . to Four Ordinary
· Time be appointed by. the said Court of Dil'ec_tors from amongst ~=~:o~om
, such Persons· as shall be . or shall. have been Servants·, of the -said shall be Servants
· Company; .-and each of the said Three Ordinary, Members.ofCouii- oftheCompany.
cil shall,at the Time;of his Appointment have been in .the Service
of the said -Company for at least Ten Years; and· if he shall·: be in No Military
:the .1\.1:ilitary Service of the said Company,-he shall not.during his Officer to ho~d -·
. Continuance . in Office as -a M?m her of Co~~cil. hold . a~y. Military :1Jil~0
;;;;~
Command, or_ be :employed m actual· .M1hta:ry Duties;· and· that be~.·
•the Fourth Ordinary Member.of Coun,cil shall from Time,to :rime The Fourti1 .
-be appointed from amongst Persons who shall not_ be Servants-of l\lfombe_~ not t~--the
said ·Company-by the said Court of ·Directors, subject-to .the .be appointed :
A pprob at1. on OCl·' His M aJ. esty, -:to· b·.e _s i. gm. fie d m. Wr 1. tm. g. b'y . His ·pfraonmy 'tsh·Se eCronmm-_b..
Royal Sign Manual, countersigned by the, President .of the -said · · -· · · · ''
Board; provided that such last"':'mentioned ·Membeq)f Council shall -
not· be en titled to· sit or ,vote in : the · said Council except at Meetings
th~reof for making Laws and Regulation~; .and·. it, shall ,be-Jaw:ful
f.o, 1·
:&ut- In!,ia'·-~~ys ··efiafterS . ' . . . . - .
3- · &-·, 4 w.·: •}rv.·••·. • -
for·the- said'_Court of Direcfuts_'tc>' appoint.thl Co'niniander~in:;;Chief'
of the Company's Forces in India;: aHd if. thei.·e ·.shalJ, be :no-- such
Comrriarider-in-Chief, or: the-Offices of such ·comrnander~in-,Cbief
and -of . Governor "General of India -shall be vested ·in- · the same
Person, then the Commander-in-Chi~f of th~ ·Forces· on· the·B_engal
·Establishment.,to be an Extraordinary'Member of the·said Council,
and such. Extraordinary Member of Council shall -h~ve Rank and
·Precedence. at the Council Board next after the Governor General.
GovemorGene- XLI. .And be it enacted, That the Person who shall be Governor ~:!!b~r General of the Presid~ncy of Fort William in Bengal on·the Twenty.:.
Council on second Day of April One thousand eight hundred and thiriy~four
22d April IBS4 shall be the First Governor General of-India under this"' Act, and ;~ :t:. under such· Persons as s_hall be Members of Council of the sam:e Presidency
Filliug up
·Vacancies in these Offices,
on that Day shall be-respectively Members of the Council co~stituted
·by this Act. · . - : - - . · .. -
XLII. And be it enacted, That all Vacancies· happen~ng-in the
Office of Governor General of India- shall from Time to Time be
filled up by the said Court of Directors, subject to the Approba,tion
of His ]\{ajesty, to ·be signified in Writing by His Royal .Sign
Manual, countersigned by the President of the said Board.
The Governor -XLIII. And be it enacted, That · the said Governor General in
General in. Council shall have J:>ower to make Laws and Regulations. for repeal- ~=e1:- ~ng, amending; or altering":i-ny Laws. or Regul:t-tions ~ha~evet now
Jegislnte for .m force or hereafter to be m force · in the sa1d·. Terr1tor1es or· any
In.die, except as Part thereof, and to make Laws and Regulations for all Persons,
· :;,.~ntten whether British or Native Foreigners or·others, and for all Courts
ti:'::d.men- of Justice, whether established- by His Majesty's Charters or ·otherwise,
and the Ju,risdictions th~reof, and for all Places and Things
·whatsoever within and· throughout the whole and every Part of the
:said Territories, and for all Servants of the said Company within
the Dominions of Princes and States in alliance with the said Company;
save and except that the said Governor· General.in Council
shall not have the ·Power of making any Laws or _Regulations which
·shall h1 any way repeal, vary, suspend, or affect any of the Provisions
· of this Act, or any of the Provisions of the Acts for punishing
Mutiny and Desertion of Officers and Soldiers; whether in th~ Service
of His Majesty or the said Comp,any, or any Provisions of any
Act hereafter to be passed in anywise affecting the said -Company
·or the said Territories or the Inhabitants thereof, ·or any Laws or
Regulations. which shall in any ,way affect any Prerogative of the
Crown, or the Autho1;ity" of Parliament, or the Constitution or
Rights of the said Company, or any Part'of the uriwt·ittenLaws or
Constitution .of the United_ Kingdom of (Jreot Britain and Ireland
whereon may depend in any Degree· the Allegiance of any Person
to the Crown of the United Kingdom, or the Sovereignty orDominion
·or the said· Crown over any Part of the.said Territories. -· _ -
Jfth~ Coμrt XLIV. · Provided always,-and be it ep.acted,· That in· case the
. ~~~:;:; s~id Com·t of .D~ectors, ?rnd;r such _Control- as bY_ this-Act. is pr~-
Laws, Governor v1ded, shall -s1gmfy to the·srud Governor General m Coa:nci1 theu,:
l.n CC:n~ric_il to · .Disallowance of any ~aws or Regulations .by-the: said: Goyernor
rep_enl them. General in Councilma.de, then and in ~very su_ch Case/upon''Re-
_ceipt by the said Governo~ General in Council of Notice-of ·such
D.isallowance, the ·.said Gove1:nor General -in C~uncil 'shall forthw.ith
r,epea] ·all Laws and -Regulations -so disallowed._· · · · · ·
XLV. Pro.
29
Annex 6
Memorial from Merchants, Mariners and others Interested in
the Trade and Navigation of the Straits of Singapore to
Auckland G. (Governor General of India in Council)
dated 29 Dec 1836
Date : 29 Dec 1836
No. 98 To the Right Hon'ble
George Lord Auckland K.C. B.
Governor General of India in Council
The Humble Memorial
of the Undersigned Merchants
Mariners and others interested
in the trade and navigation
of the Straights of Singapore
Humbly Sheweth
That the Channel abovementioned is so well known as the
grand thoroughfare of the Eastern Commerce of India and also of
the great and increasing traffic of Britain with the China Seas that it
is superfluous to dwell on the importance of removing every
impediment to its navigation and rendering it safe and commodious
by night as well as by day.
2 That your Memorialists are enabled by the indulgence of the
Public departments to annex a copy of the Survey effected in 1827
by Captain D Ross, Marine Surveyor General of Bengal a glance at
which will give a tolerable idea of the nature of the Entrance from
the Eastward and Westward and the dangers and difficulty of
navigating amongst such numerous islets and reefs especially in
the night time or in hazy weather.
That even by day it is by no means infrequent for vessels to
run upon Tree Island or Sultan Shoal at the Western Entrance and
on Romania Reef and South East Rocks in the Eastern entrance,
and to be compelled to extricate themselves by throwing cargo
31
r ·------
32
overboard. It is not many months ago one of His Majesty's Cruisers
ran aground upon the former and was not got off without the loss of
her Guns.
The wreck of the "Sylph" last year and the damage to the
Ships "Ruby" ''Water Witch" and "Pascoa" within the last Three
Months by running on the latter reefs and rocks at the Eastern
Entrance are amongst the recent proofs of the necessity of some
safeguard against similar disasters. The risk and loss of anchors
and cables is still more frequent from the necessity of bringing up in
deep water with Rocky bottom, and a tide both rapid and irregular.
3 That your Memorialists are satisfied that most of the
accidents and losses that have occurred to a large amount would
have been prevented by the establishment of Light Houses on
some conspicuous points to serve as guides to vessels through the
Eastern and Western Channel.
4 That the Islet or rock the Coney offers all the requisite
advantages of position for the Western Channel being at the same
time the extreme point of the Northern Side of the Straights and that
Pedro Branco possesses the same advantage for the Eastern
Position and that both are the more appropriate from being the
points from which all the bearings are given in the Survey of
Captain Ross above mentioned.
5 That the Light House on the Coney might moreover be made
with very little additional charge to serve as an excellent look out
Station for one of the Gun Boats now constructing for the
prevention of piracy and might by means of a Semaphore and of
Rockets be made to communicate promptly to Singapore and the
Surrounding Islets, the approach of any proahs or suspicious
vessels.
6 That the vicinity of Singapore and the abundance of
materials at hand as well as the existence of a large working Gang
of Convicts disposable by the Government would render the Cost of
such a work a mere trifle compared with its importance and that
your Memorialists and others interested in the navigation of the
Straights will cheerfully contribute towards its expense if assured of
such support from the local or Supreme Government as alone can
make it efficient or permanent.
Your Memorialists therefore humbly pray. That your Lordship
in Council will be pleased to declare or to authorize the local
authorities of Singapore to declare whether any and what
assistance in Money, Labor, or Materials will be afforded towards
the erection of Light Houses on the Coney and Pedro Branco at the
Western and Eastern entrances of the Straights of Singapore and
what if any assistance will be afforded for their security and
efficiency when erected.
And Your Memorialists shall ever pray.
Calcutta
29th December 1836
Signed:
Hodgkinson Schlattee & Co.
Hy King
Rustonyee(?) Cowasjee(?)
Rob1 Wallace
Cowasjee(?) Pamily
Thos de Souza & Co
J. Callum "Bland"
Bruce Shand & Co
Thomas Ferguson
Cha5 Thomas
Chas Thomas for
33
34
Chas Thomas & Co of Singapore
Thomas & Russell
M. Lackersteen
John Lowe & Co
Eglinton McClure & Co
Bagshaw & Co
Shedden & co
Colvin Anslie Cowie & Co
Wilson Frith & Co
R. Steward
Andes Henderson
Henry Pybus
J.M. Kinner
M. M. Mannk
W.W. Hughes
P. M. Stavers
Jas Scott
Alex M. Farlane
Brightman & Co
Gilmore & Co
Gisborne & Co
"Water Witch"
"Ann"
Rob Roy
Hero
Ship Mermaid
Ship Earl Clare
Sulimang
R. C. Jenkins Ferguson & Co
Cantor & Co
Colville Gilmore & Co
Cockerell & Co
Thos Palmer & Co
Biale & Co
W. 0. Young "Antonio Pereira"
Fraser M. Donald & Co
Muller & Co
Roussac Brothers & Co
Leach Kettlewell & Co
Bates Elliott & Co
J. H. Miller
Foster Chapman & Co
Boyd & Co
Ship Wn Wilson
Montefcore Joseph Kelsall
Oswald & Co
Macintyre & Co
Finlay Mackencier & Co
A. Tymers Ship "Caladonia"
James Clark New Back
A & G Apcar
Gunter & Co
Adam Scott & Co
J. A. Walker & Co ·
wm Storm
Carr Tagore & Co
George J Braine
Dd Wemyss "Anna Maria"
John Seager "Resolution"
Tho5 Powell Country Service
Mackenzie Lyall & Co
Ja5 Talbert
Hay & Duncan Singapore
Shaw, Whitehead & Co Singapore
H. Spooner Elizabeth
J. Mackey & Co
C. S. Gover
W. Barrington "Will Watch"
C. R. Prinsep
P. Vial Sylph
35
36
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Annex 7
Gibson v. East India Company
5 Bingham, New Cases 262 (Common Pleas Reports) (1839),
pp. 271-272
I BING. (B. C.) m. omsoN ·v. ·TRE:·::EAST_,:mnu:·· COMPANY 1109:
(?l,~inz irit.-0 ·.eft'oot the_ ·v~iy "puqx>ses. anf ()~.-j~ta. ::~o~ _which the corporation: i~ll was
ong!n&Uy created..·,,·. ··~ · ... ,._.,.., · .. -... , ... · · · ,·, _· ... · · ·· . ·. · ·.. · . · -· ·· · :
. It is· upon the principle .arid reasoμ on· which:t~~cla.ss of ex~ptions is grounded,
that the course of ·argument on ·'the part of· the. Plamtift's has proceeded ; and whether
the contract now. under: ·consideration fa.Us _within this· exception, or remains under the_
control of the ~eneral [email protected]'.·9f'law, is the ·q~estion bef?re ·us~ · · . .
Now, ~Uowmg·. to ~his- .class· of exceptions -the ·wides! l'8Dge ~ which 1t bas .ever
been earned, and taking 1t to have · been correctly · laid down · m the late case of
Beurky v. Li1icol'll Gas· and Coke Company (6 Adol. & Ell. 829)1 it is' this; that when
a company is instituted tor· .. the plll'pOses of trade, such company may, in matters of
frequent· requirement and ·of small &mount, ina.ke a; ·valid contra.et relating t.o the
trade which· thet carry on, without affixing the common seal, although such corporation
be a corporation ·~egate, without a head. As in the ease last cited, !J. company
created by act of parfu:m,ent for t~e supply of gas may contra.et for gas met.ere for the
purposes of [271].thett .trade, without seal; and upon such contract may be held
lia~le i!1.~n action of ~umpsit for g~_sold and ~elivered. And again, & company
so mst1tuted may be liable upon a sl.ID.lla.r contract. not under seal, ·although .. the
contract be not execut.ed, but executory .only ; as was determined in the case of Oh'IJ,rck
v. Imperial. Gas Li.ght O:,mpany (6 Adol. & Ell. 846); and indeed the same principle,
that a corporation . established for the purpose of carrying on trade or manufacture
may differ from other corporate bodies, as t.o the power of contracting in matters
relatfng to·the p.p.rposes for·which the compally was_form.ed, seems also to have been
the opinion of Lord Tenterden, as ma.y be collected from his judgment in Dwnstan v~
Impe,-ial Ga.~ Light Oompanp (3 Barn.·~ Ad~L 131). It becomes, howeve:,·unn~~sary
to refer to other cases · beanng on this pomt, as they a.re -all brought m revmon by
Mr. Justice Patteson, in giving the judgment of the Court of Queen's Benoh, upon.
the case to which reference is first above made.
In order to determine, whether the: instructions and ·resolution of the Court of
Directors of the Ea.st India Company to allow full pay to a retired officer, upon which
the present action is founded, forni a COJ1traet which falls within the principle of the
exception above laid dO\vn, it will be necessary to refer shortly to the original forma~
tion of the East India Company1 and · the powers with which it has been at different
periods invested by the legislature, and then _to_ consider the nature and object of the
instructions, and that resolution founded thereon. · . ·
The stat. 9 & 10 W. 3, c. 44, and the charter of incorporation granted by the K,ing
under the powers of that act, form the foundation of the privileges. of the present
united F.a.st India· Company. And from the provisions made by that statute it is
evident, that.the [272] company was .est.ablia~ed,. originally 3!1-d in the ~rst inst.a.nee,
for the purposes of trade only; namely of -exclusively trafficking and usmg the trade
of merchandise to and from the East Indies, and in all places between the Cape of
Good Hope, and the Straights of Magellan, and with no other object or design. But,
without adverting to various enlargements by the legislature in subsequent reigns, of
the term for which the charter was originally granted, it will be sufficient for the
present purpose to observe, that about the commencement of the reign of George Ill.,
a question arose between the government and the East India Company, as to the claim
set up by the latter, to the possession of the territorial acquisitions in India, which
had been made by them; a claim inconsistent _with the general ·principle prevailing
in the law, both of this and other states, namely, that all conquest.a made by subjects
tnust necessarily belong to the Crown. And in consequence of this contention an
agreement was entered into between the company and the. public, "that the territorial
acquisitions and revenues lately acquired in tbe East Indies, should remain in posses·
sion of the company, and their successors during the term therein mentioned; an
agreement which was carried into effect by the stat. 7 G. 31 c. 57. The term therein
mentioned was afterwards.enlarged, and the possession and government of -the terri·
torial acquisitions oontinued in the said united company by subsequent acts of the
legislature, down to the present time ; without prejudice, however1 as declared by the
preamhle to the statut.e of the 53 G. 3, c. 1551 s. 61, to the undoubted ·sovereignty of
the Crown of the United Kingdom of Great Britain and Ireland; in and over the·same,
or to any claim of the said united company to e.ny rights, franchises, or immunities."
· Upon this legislative authority, subject1 however, t.cfsuch control of the Crown as -
is provided by·several [273]·statutes, does the·right oFthe company to the possession
45
46
1110 GIBSON . t1. TSE. )ilA.ST INDIA. COMP ANY I DINO. (lf. o.>trt.
and ~vernment of the territories acquired in ·the East. Indies depend ; and from. the
same le~la~ve a~thority; without referr!-1.ig to ma_ny express p~visions in ~ubaequent
statutes, 1_t JS manifest that the·Ee.st. India Company ha.vo been invested with powers
and privileges of .a twofold nature, -perfectly distinct from ea.eh other; ·name1y, powers
to carry ~n tr&de aa merchant..s,·and (~bjeot only:to .the pre~gative of the Crown to
be .exercised by the Board o( Commissioners for the affairs of India) power to· acquire,
and ret.a.in, and go'7"em territory, to raise and· maintain armed forces by sea and l&nd,
and to. make ... ~;pr,,war with the -nativ~ powers of India.. .
Now~ upoii:«.h~~t-:view .of _the resolution to allow this pension, it is obvious that
it coul~ have no co~neotfon whatever with "the·cqndition C?r powers of the company, as
a trading community;. and, consequently, tb&t the .exception which has been eatablished_
as to contracts entered into by_ corporations instituted for the purposes of tt:ade,
in matters relating to trade,-of daily OOOUITe.noo· and slight import.anoo1 cannot., upou
any reasonable construction, be ·held to comprehend it. . If. this allowance of a retiring
pension is to ~ considered. as a contract in the legal sense of that . word, it was a
contract 'made by the company . in its political character as governors1 not in their
trading .character.as .merohanb3. ._It. related to _the territorial and political branch, as
distinguished from the_ .commercial branoh of the company's affairs; (see 53 G. 3,
c. lfl51 s. 64), and all payments un4er it would be chargeable· upon the territorial
revenu~ . on1y ; · ( see 3. & 4 ,v.· 4 .. ~ 85, s. 9). · The resolution, how~ver, is :a ~e!letal
re~t1on, affect:ang th.e whole .. ~£ th~ anily, not a ~eparate contract with any md1vidual
officer; -and\.Itho~h.1t ~y differ, m ~m.e .particulars, from a grant of half pay by
the ~~ i? [2i4] the officers of-the 81'μ1y or na.v,, _upon their ret~inen~ from actual
· semoe. .yet 1t ~ .a much stronger. analogy to it 1n the mode of 1ts bemg. granted,
and m·the consequences attending.it., than to a.riy contract.· ·Now it is clear that no
action _could be suppo~ aga.il'l!J~- any one, to recover the arrears of half pay granted
by· the Qrt>wn,"at least _unless ·th_e · money ·has been specifically appropriated by the
.governmen~ and placed in the hand,s ·Of the paymaster or ageut to the a.coount of the
pa.ryic~r officers ; : an~ ~here -~ · no ·ground upon general principle ~ hold · that ~n
action could -~ mamtamed agamst any one, unless lμlder the same cll'Cumst.ances, m
the present case. . . · .. . . · . .
. _" It was, indeed, s~ngiy argued. at the ·Bar, that as the resolution- under which the
re~ pensio~ ar~ J>ai.d. has been sancti~ned · by the Commissioners £01: the.,atrairs of
India, 1t .ha.a by such approval become obligatory on the company I and m . the nature
of a contract ; ·but we think there is no ground for . giving such operation to the act.
',!'he .object. of the sta~ut.e .(33 R·.3, c. !53,) was. that of creating a board of com11:1-issioners.
to. superintend, direct, and con~l -the a.cts, operations, and concerns relatmg
to· ~e. ~ivil .. and military ~vernment.s -0r revenues of the company's terri~ries and
acqulSltions m the East Indies; ·to· make the approval of the board essential before
· instructioruU,,re sent out, but not to giv_e · additional force or legal obligation to the
resolution it.self beyond that which it originally possessed.
The grant in question, therefore1 appears to us to range itself under that cla.ss of
obligations which is d~scribed .by.jurist.a '8.8 imperfect 9bligations; obligations which
want the "vinculum juris," although bindm.g in moral equity and conscience; to be
· a grant which the' :Ea.at India Company, as govemors, a.re bound in foro: conscientire
to make _good, but c,£ which the performance [275] is to be sought for by petition,
memorial, or remonstrance, not by action in a court of law. ·
Many grounds of inexpediencl in allowing a claim of the present description to be
· recoverable in a court of law readily suggest themselves. If the retired pension which
is given for· former services can be recovered by action, why should not the pay and
allowances for actual service be equally so during their continuance 1 And yet how
frequently is it not_only expedient, but absolutely necessary, that military pay should
be suspended and kept in arrear beyond .the day when it becomes due, and until the
service, in respect of which it is earned, has been entirely completed 1 Not to mention
the expense and inconvenience. which must arise if a suit might \)e instituted by each
. individual. officer, and -the prejudice which such litigation would necessarily occasion.
to the military service. _:But if the allowan~ of this pension will furnish a ground of
:action against the company, no legal .distinction can be assigned why the grant of pay
1durin$ actual ·servfoe, w¥oh is e.uth!>rised by"'general orde'-'8 found~ .on·. resolutions of
\
the direotor.s, confi.rmed l,Il the 8!1-me manner by ~he board ·of oollllIU8S1oners, shou~d not
be equall! the ground of an aotion a.t law: · ·
Annex 8
Letter from Jardine Matheson to Bonham S.G. (Governor of
Prince of Wales Island, Singapore and Malacca)
dated 1 Mar 184 2
Date : 1 Mar 1842
From
To
Messrs Jardine Matheson & Co
Treasurer to the China Fund
for a Testimonial to the memory of
the late James Horsburgh Esq
The Hon'ble S. G. Bonham Esq
Governor &ea &ea
Singapore
dated the 1st March 1842
Hon'ble Sir,
We beg to acquaint you that we hold in our hands a Sum
amounting with interest to Spanish Dollars Five thousand five
hundred and thlrteen 50
/100 ($5 513 50
/100) arising from a Public
Subscription collected in China with some small additions from
India, in the years 1836-37 for the purpose of erecting a
testimonial to the memory of the late celebrated Mr. James
Horsburgh.
At a General Meeting of the Subscribers a wish was
expressed that the contributions should if possible be devoted to
47
48
Macao
1 st March 1842
the building of a Light House, bearing the name of Horsburgh on
Pedra Branca, at the entrance of the China Sea, but nothing
definitive was resolved on.
As this is a design which can only be carried into effect
and maintained under the immediate auspices of the British
Govt. we beg to express our readiness to hand over the above
amount to you in the hope that you will have the goodness to
cause a Light House (called after Horsburgh) to be erected
either on Pedra Branca or on such other locality as the Govt of
the Hon'ble East India Company may deem preferable.
The amount is far from adequate, but we trust the well
known munificence of the Hon'ble Company will supply what
additional funds may be wanting for an object of such eminent
public utility intended at the same time, to do Honor to the
memory of one of the most meritorious of their Servants.
We have the honer to be &ea;
/Sd/ Jardine Matheson & Co
Treasurer to the China Fund for a
Testimonial to the memory of the late
James Horsburgh Esqre Care of
Messrs John Purvis & Co, Singapore
617
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OS
Annex 9
Letter from Bonham S.G. (Governor of Prince of Wales
Island, Singapore and Malacca) to Bushby G.A. (Secretary to
the Government of Bengal) dated 23 July 1842
Date : 23Jul 1842
Copies
No. 93 of 1842
From
To
The Governor of Prince of Wales Island
Singapore and Malacca
G. A. Bushby Esqre
Secretary to Government
Fort William
dated Singapore 23rd July 1842
Genl Dept.· Sir,
Referring to letters from your Office dated the 6th
February and 13th Novr 1839 I have the honor to forward for the
information and Orders of the Hon'ble the President in Council
Copy of a letter to my address from the Treasurers to the China
Fund for a Testimonial to the memory of the late J Horsburgh
Esqre together with my reply thereto.
2"d_ The Sum placed at the disposal of the Govt from the
China Horsburgh Fund amounts to 5,513 Dollars, the estimated
expense of the Turret forwarded in Mr. Commissioner Young's
letter of the gth Novr 1838 amounted to 3,650 Dollars which,
should the Plan suggested by that Gentleman be adopted will
leave a balance of 1863 Dollars for the purchase of a Lantern or
Revolving light.
51
I s2
3rd. As however the Sum subscribed in China was intended for
the erection of a handsome Building in honor of the memory of
the deceased Mr. Horsburgh, I may be perhaps excused in
proposing that the whole sum subscribed should be entirely set
apart for that purpose and that the Inhabitants of this Settlement,
be required to find funds for the Lantern or Revolving Light, and
that the Gov1 afteiwards undertake to uphold it at the expense of
the State.
4th. Barn Island, the Site where it is proposed to erect the
Building is about 16 miles from Singapore and the Inhabitants of
the neighbouring Islands might, if the Establishment for its
Superintendence was not tolerably strong be induced to attempt
to plunder it; and again as the knowledge of the existence of this
Light will doubtless induce Ships to come thro' the narrow Straits
at night it is absolutely essential that the Light should every night
be in perfect order. I am of opinion therefore that if the Gov1 is
pleased to undertake the erection of the proposed Light House
and to maintain the Light at the expense of the State, an Estab1
of the following extent will be necessary.
1 Superintendent
6 Natives at 12 each
Oil Cotton &ea., &ea.
- Rs 75.0.0
" 72.0.0
" 53.0.0
Company's RuRees 200.0.0
51
h. Under this view of the case I have directed three other
Plans to be prepared which I herewith forward, the most suitable
in my opinion being that Estimated to cost 5000 Dollars, the
balance of the Sum subscribed in China viz 513 Dollars might
be expended in procuring a suitable Lantern from England, and
if found insufficient, subscriptions should be set on foot at this
place to make up the deficiency.
5th. Should Gov1 be pleased to receive the Funds now
tendered from China, the expense of upholding it ought certainly
to be borne by the Inhabitants of this place which might be
collected by the imposition of a charge of 4 Rupees for the Port
Clearance of each Square Rigged Vessel anchoring in the
Roads as well as on Junks from China and Siam and one half
the amount on Native Boats graduated to their respective sizes.
ih. I have been unable to submit this matter for the
consideration of the Government earlier as I have only this day
received the reply of the Chamber of Commerce at this
Settlement.
Singapore
23rd July 1842
I have the honer to be &ea
/Sd/ S. G. Bonham
Governor of Prince of Wales Island
Singapore and Malacca
53
54
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56
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Annex 10
Letter from Bushby G.A. (Secretary to the Government of
Bengal) to Bonham S.G. (Governor of Prince of Wales Island,
Singapore and Malacca) dated 31 Aug 1842
Date
Gnl Dept.
: 31 Aug 1842
To
Sir
No. 852
S. G. Bonham Esquire
Governor of Prince of Wales Island
Singapore and Malacca
I am directed to acknowledge the receipt of your Letter
No. 93 dated the 23rd July last, and endosures, relative to a
proposition for the erection of a Light House at Barn Island, as
a testimonial to the memory of the late Mr. James Horsburgh,
with your recommendation that the Government be at the
expense of maintaining the Light, and that for this purpose a
fund be collected by a duty on vessels anchoring in the Roads,
Junks &ea, at Singapore. The Building to be erected with the
money subscribed in China for . the Testimonial, and the
Lantern or revolving Light, to be found by the inhabitants of
Singapore.
2. The Honble the Deputy Governor directs me to refer
you to the opinion of the Court of Directors as expressed in
para 20 of a Despatch in the Marine Department, dated the 4th
September 1839, copy of which accompanied Mr. Secretary
Prinsep's letter dated the 131
h November, quoted by you in
your present Letter, and to state that the objection expressed
there, and in other communications from the Honble Court to
the levying of Harbour and Anchorage duties, and the
importance which the Honble Court and the Mercantile
57
58
Community of Great Britain attach to the preservation of
perfect freedom of Trade at Singapore, preclude His Honor
from entertaining the proposition now submitted for imposing a
Port Duty on vessels visiting Singapore.
3. The three plans received with your letter are herewith
returned.
Fort William I have the honor to be
The 31 51 August 1842 Sir
Your Most Obed Sert
Sg/ G A Bushby
Secy to the Govt of Bengal
Bengal 31 st August
Relative to the erection of
a Light House on Barn
Island
I s9
so I
~'
61
Annex 11
Letter from Belcher E. (Captain ofH.M.S. Samarang) to
Butterworth W.J. (Governor of Prince of Wales Island,
Singapore and Malacca) dated 1 Oct 1844
Date : 1 Oct 1844
Sir,
B
· Her Majesty's Ship Samarang
October 151 1844
In reply to your communication No. 109 and bearing date April 201
h
1844, requesting an opinion upon the most eligible position for a Light House
in the Straits of Singapore.
I have after very mature consideration and also from a recent special
survey, come to the conclusion: That in pursuance of the intent of the vote to
erect a Testimonial to the hydrographer James Horsburgh Esqre, I am firmly of
opinion that it would lend more to the general interests of navigation if such
Testimonial stood upon a position where its benefit would be generally useful
to the navigation of the China Seas as well as these Straits.
For the latter object, nature specially presents the Romania outer
Island as the most eligible site, by affording the means of distinctly avoiding
night dangers, and thus enabling vessels to sail to and from Singapore with
confidence as well as security.
From a slight inspection of the chart of the Straits, you will perceive that
a line drawn from the centre of the outer Romania Island to the tail of Johore
Bank would nearly eclipse the light by the intervention of the nearer Land.
Vessels have no business near this line, but as is frequently practised in our
recent British Light Houses, it is very easy to screen the light to the safe line,
so as to warn vessels in time_ to shape a safe course. The law being either on
entering or quitting the Straits to "keep the Light in sight".
63
64
The navigation immediately past the Light on the cardinal points within
a short distance is secure. But the vicinity of danger is easily made known by
the Lower panes of the Lantern being formed of red glass, at the angle of
depression, which would warn in time to haul off.
The Rail of a Lantern might even be adapted to the same object by
slightly obscuring the Light by a wire gauze. If this is placed to meet the
danger of the "Rock awash", the reappearance of the Light after passing the
danger will reassure the navigator.
The Island affords good superficial extent for the construction of a Light
House, which should be based as a Martello Tower, and any chance of
surprise from Pirates be obviated by clean scarping to low water mark. This
Lower Tower should be furnished with a small Gun, either for signals or
defence. The Tower of the Light House springing from its centre. This would
prevent the necessity of any force beyond the Light Keepers and it is very
doubtful if the mere knowledge of a Gun being there, mounted would not
effectually prevent the Pirates from using the Channels in that vicinity.
This Light House may be further rendered useful by reporting by signal,
to vessels passing to Singapore, either the passage of vessels up the China
Sea, or any other information which rriay be signalled to it.
I am &ea &ea
Sd/ Edv/1 Belcher, Captn
65
. ·.. . , ~)
F μ, / 1./&6
I 66 I
I 67
Annex 12
Letter from Thomson J.T. (Government Surveyor at
Singapore) to Butterworth W.J. (Governor of Prince of Wales
Island, Singapore and Malacca) dated 20 Nov 1844
Date : 20 Nov 1844
To The Honorable
Sir,
Colonel Butterworth C.B
Governor of P. of Wales Island,
Singapore and Malacca
*E
In accordance with your instructions that I should proceed and examine
Peak Rock Romania in order to ascertain the probable cost of building a Light
House thereon, of a construction fitted for the situation and whose price
should not exceed the limited funds, that have been subscribed for its erection
- also to estimate the cost of laying a substantial base suited to bear a
superstructure of sheet iron and further to make the plans (as far as
practicable with the limited sum allowed) in conformity with the
recommendation of Sir Edward Belcher viz "that the Light house should be
based as a Martella Tower, and any chance of surprise from Pirates be
obviated by clean scarping to low water mark" and lastly to ascertain the
position of the Rock with reference to the Romania Islands, the coast of
Johore and the Island of Singapore.
1. I therefore now have the honer of informing you that having proceeded
to Peak rock and surveyed the Islands and shores in its vicinity, I found it to
be situated, as will be seen on reference to the accompanying charts, about 3/4
. of a mile to the Eastward of Large Romania Island, 1 % miles from Point
Romania, and 32 miles East by north from Singapore Town. The Rock is
barren, in height about 30 feet above high water, spring Tides - with a length
of 160 feet measured due East and west, and a breadth of 130 feet measured
north and south - as will be seen on reference to the sections drawn on the
chart of Romania Island accompanying this, but it extends to the length of 240
69
70
feet, if measured, north East and South West. The Rock is Grey granite of a
very hard texture, affording excellent material on the spot for building
purposes. There is no fresh water on it, but what is left in the hollows of the
Rock after rains. A landing on it is easily effected during calm weather, and as
this is known to prevail in eight months of the year, there will be little difficulty
in landing building materials, and this operation may be further facilitated by
the construction of a wooden Pier. But during the months of December,
January, February and March, the landing will always be difficult, owing to the
rock when the north East Monsoon prevails being exposed to the waves of
the china Sea. The building therefore ought to be commenced early in April
and finished if possible by the end of the following November. But as lulls
during the north East Moonsoon often take place in the nights, there will be
frequent opportunities of landing on the rock during the mornings. So that
communication will never be entirely stopped even at the worst season of the
year.
2. When I first visited the rock I was led to conclude from appearances
that its barrenness was owing to its being washed by the waves during the
north East Monsoon, which circumstance would have rendered the building of
a permanent structure much more expensive, and I should have wished to
have seen it in the worst season, before fixing upon a plan for its construction,
if I had not had an opportunity of visiting the other Islands and Rocks in its
vicinity when engaged for two days in surveying them, I then found North
Rock to be of the same h.eight as Peak Rock, and its formation to be in strata
of soft stone, the decomposition of which has made a soil on which shrubs are
growing and which has not the slightest appearance of having ever been
touched, by the waves. South Island, which is also equally exposed to the
waves, and considerably lower than north and Peak Rocks, is covered with
trees and other vegetation which could not exist in salt water. I therefore have
no hesitation in ascribing the barrenness of Peak Rock to its steepness
combined with the hardness of its formation, and not to the action of the
waves.
3. I now come to the consideration of the best and most economical mode
of constructing a Light house on this position as the rock itself is of so hard a
texture, the spot itself affords the best materials for building but on the other
hand the expense of chisseled granite is so great that a structure entirely
formed of it would far exceed the funds subscribed, and stone cutters in
Singapore are so few and bad, that the completion of it would be a matter of
great difficulty. I have therefore been constrained in the Plans and Estimates
to confine the use of this materials to the construction of the base only, which
would rise to the height of Sixteen feet. This base as will be seen by the Plan
will be built wit.h granite rubble inside, faced with chisseled blocks, and it will
bear either a Brick or Iron Edifice above. The cost of it as per Estimate will be
2667 Spanish Dollars, including the semicircular projections or Bastions
designed for the mounting of a Gun on each for the defence of the Light
Keepers, above the base is the entrance to the Light House, and access will
be had either by a ladder let down to the rock, or by a rope and basket
suspended from the small crane at the door. These can be drawn up during
the night or threatened dangers, thus affording ample security against any
attack that could be made from the outside, if this should ever happen.
The foundation being laid at the height of 26 feet above high water
spring tides, and this base being 16 feet together making 42 feet, above
spring tides, for the base of the brick or Iron Tower. This brick or Iron Tower
will thus be raised beyond any action of the waves, and while this mode of
construction carries through Sir Edward Belcher's views as to the defence of
the place, tho' not entirely by (sic) in the way recommended by him the
difficulty of his, lying in the expence of it, will also obviate the necessity of
scarping the rock to low water mark, at least until sufficient funds be collected
for that purpose, for this operation would not cost under the sum of seven
thousand Spanish Dollars, a sum as will be seen by the accompanying
Estimate equal to that which will be required to build the Light house.
4. With regard to the superstructure, I have after a great deal of
consideration come to the conclusion, that the strongest and most durable
71
72
building that can be made with the limited funds, will be of brick, using mortar
in which molasses will be mixed. The whole of the room will have arched
ceilings, and the only wood work will be in the three partitions of the Keepers
rooms and in the stairs, doors and windows, so that there will be little danger
if any from fire. The Estimated cost is 4,332 Spanish Dollars exclusive of
Lantern and Lamps, thus making the cost with foundations and base 7000
Dollars nearly.
5. As to the Lantern lamps and reflectors, as they must be made in
Europe, I need say little, and will confine myself to suggesting that the Light
should be stationary, as this is not only more simple than the revolving light
but less subject to accident, and in case any of the machinery should be
broken, there would be great difficulty in getting it repaired in this Settlement.
The light should also be red, to distinguish it from fires on the coast, and be
sufficiently brilliant to be seen at the distance of 18 miles, so as to form a
leading mark with - - Point, for the leading clear of Johore shoal. The railings
or Lantern, as recommended by Sir Edwd Belcher, should be made to obscure
the light within range of the Rock awash, and also South Reef apparently not
noticed by him, on which the stork was lately wrecked. These being at present
the only known dangers in the vicinity of Peak Rock in the way of shipping.
There are also some dangers to the north and north east at a considerable
distance, which could be made known to ships during the night by obscuring
the light in their direction, but when I was there, I had not sufficient time given
me for ascertaining their exact position, and existing charts are not correct
enough to mark them with the nicety required.
6. With regard to the best mode of proceeding with the erection of the
Building, I now beg leave to offer a few remarks. It will be observed that Peak
rock as mentioned in a former part of this communication is 32 miles distant
from Singapore, and on reference to the chart will be seen intervening the
shores of a country under the rule of independent Malay chiefs. These shores
have been long noted for the haunts of very daring Pirates, who when
opportunity offers often cut off native vessels of considerable size, a work of
this kind therefore could not be carried on without the protection of
Government. In drawing out these Estimates I have consequently reckoned
on the protection of the Gun boat being constantly afforded from the
commencement to the finishing of all the operations. But notwithstanding the
protection thus given, a work of this kind would be very difficult and beyond
the power of any officer of Government to accomplish under any moderate
amount. I therefore at once gave up the idea of pledging my name to the
furnishing of it by the mode prescribed, in the Engineer regulations of Gov1
under which regulations I have ca_rried on several works in Singapore, thinking
that the way of proceeding hereafter mentioned of doing it by contract with
Chinese would be the only way of getting it done for a fair sum, such as stated
in the Estimate, and for my taking this course I trust the following reasons will
be satisfactory.
7. The class of People on whom we entirely depend (with a very small
exception in the few cling masons that are to be had) for masonry and
carpentry work, are the chinese, whose lower classes perhaps better than the
same class of any other nation, know the power that combining gives them,
so much so, that the artisans of Singapore are leagued together in different
Hueys or Societies in which each member is bound by inviolable oaths to
assist and connive with the rest - With a people of this kind to deal with, and
under such a system, an officer of Gov' after having once pledged his name to
finish a work before having agreed with his Chinese masons &ea, would be
entirely at their mercy, for their head men would immediately agree amongst
themselves to ask double or treble the usual wages for going to this distant
spot, and prevent all those under them whether willing or not from accepting
less - they would also greatly exaggerate the dangers from Pirates, the
unpleasantness of remaining on a barren Rock for several months &ea.
Beside, a chinese always works lazily and unsatisfactorily on daily wages, the
little moral feeling of which he is possessed not teaching him to see the injury
he does his employer but on the other hand if he has the prospect of gain by
extra exertion, his great love of it, induces him to work both laboriously and
indefatigably.
73 I
74
8. Our system of building has consequently been entirely carried on by
contract, a number of chinese combining · to undertake and finish works,
sharing the profits and losses amongst them, and if the works be carried on
under the eye of an European overseer, they are well and substantially built in
all their details.
9. I would therefore humbly take the liberty of recommending to your
honor that this work be executed by contract, as being the most economical
mode of proceeding, and if it be carried on under good superintendance
provided by Gov' - it will also be found the most satisfactory if otherwise the
building of it for the sum stated in the Estimate could not be guaranteed to
Government.
10. Annexed to the sheet containing the Estimate will be found an
agreement signed by a chinese contractor named "choa allum", in which he
undertakes to erect the building for the sum of 7000 Dollars when the Gov1
shall assent to it. This agreement of course is only preparatory to a formal one
being drawn out when the orders of Government shall be made known. He
has executed several of the Govt works under me very satisfactorily, and can
give good security if required, for the due execution and finishing of the work.
He tells me that tho' his portion of the contractor's profit in the building of the
Light House would not be large, he would gain considerably by making the
return boats carry stones to Singapore for sale and in supplying provisions
&ea to the workmen, and by other ways and means not in the power of any
European.
11. In conclusion I would beg leave to say that whilst I am fully of opinion
that the sum stated in these papers would not be exceeded if carried on by
chinese contractors, but would afford them a fair remuneration for their
trouble, still if the work were to be carried on by an officer of Gov' making his
own arrangements for the supply of materials and engagements with
workmen, judging from the disadvantages that he would labour under,
compared with them, that I think in such a case, the sanction of Gov1 should
be asked for double the sum.
Singapore
20th Nol 1844
I have &ea
/Signed/ J.T. Thomson
Gov' Surveyor
75
76
Estimate of the Probable amount required to build a Light house according to
Plan dated 5th November 1844
Basement suited to bear either an Iron or a Brick
S upe rstructu re
1568 sq. ft of chisseled Granite @ II 5 per 1 O sq. ft 784 00
126 " " D0 for platforms for Guns .. 63 00
3660 Cub ft of the Rubble stone @ II 3 per 100 cbt ft 109 80
Masonry of above per one ft in height 16 ft @ // 10
160 00
Lime 40 Coyans at// 4 - Sand 1 O boats @ // 1
170 00
Molasses 4 Piculs at// 2
8 00
Cement for outside stones made of well burnt brick
pounded with sand.
810 Cubic ft of Brick work 30 bricks per C ft 24,300
bricks at $25 per laxa
60 75
Masonry including scaffolding $25 - do -
60 75
Lime 4 Coyans per laxa 1 O Coy ans @ $4
40 00
Sand 2V2 Boats@$1
2 50
Cutting and levelling Rock to receive basement
200 00
Houses and sheds for Workmen
100 00
Boat hire from Singapore for D0
100 00
Wooden Pier of Tampany or Damailaut
185 00
D0 Gangway from Pier to Building
50 00
Contractor's profits@ 20 per C1-426 "76 on
2133 80
Contingencies "5 " 106" 69
533 45
2667 25
Tower not including Lantern or Lamps
Wall up to Railing 11,406 cub feet
Arched Ceilings 1 , 766 "
Wall around light room 346 "
Less windows 576 13,518
" Doors 336
" D0 of light room 27 939
30 x 12,579 - 377,370 bricks
@ JI 25 per Laxa
Lime 4 Coyans per laxa 152 Guyans @ $4
Sand 37 Boats@ $1 Molasses 38 piculs@$2
Masonry and Scaffolding 38 Laxa nearly@ $25
16 Venetianed windows $3
Sp. Dollars
Brought Forward $
3 Iron Doors estimated weight 12 piculs@ $1 o
1 Crane complete
Buildings round Lantern complete 8 pls@ $1 O
50 Granite slabs round -0°- @ $5 each
3 Wooden Partitions for Light Keeper's rooms
6 Stairs
Boat hire for People to and from Singapore
Planks, Barrels &ea for holding building
Building materials, such as Lime, Molasses &ea
Contractor's Profit 20 per cent 693 " 20 or
Contingencies 5 " " 173" 30
}
Spanish Dollars
77
943 42
608 00
113 00
943 50
48 00
2655 92 2667 25
2655 92 2667 25
120 00
20 00
80 00
250 00
100 00
30 00
100 00
50 00
3465 92
866 50
4,332 42
6,999 67
78
Singapore
19th Nov 1844
E.E
/Signed/ J. T. Thomson
Go/ Surveyor
I, Choa Allum chinese contractor in Singapore do hereby agree and
bind myself to undertake and finish a Light house on Peak Romania,
according to a Plan drawn by Mr. Thomas dated the 5th Novr 1844, and of the
materials specified in the annexed Estimate dated the 19th November 1844,
when the Gov1 shall assent to my contracting for the same for the sum of
Seven Thousand Spanish Dollars including both Tower and base, but
excluding the Lantern and Lamps or I agree to execute the base of granite to
the height of 16 feet as laid down in the Plan, for the sum of Two thousand,
six hundred and sixty seven Spanish Dollars dated in Singapore this 201
h
November 1841 (sic).
Witnesses
Sd/ J F Barrows and
W. W. Will ins
(True Copies)
/Signed/ W. J. Butterworth
Governor
(True Copies)
/Signed/ C. Beadon
/Signed/ Choa Allum
in chinese characters
Under Secy. to the Gov1
• of Bengal
79
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Annex 13
Letter from Butterworth W.J. (Governor of Prince of Wales
Island, Singapore and Malacca) to Currie F. (Secretary to the
Government of India) dated 28 Nov 1844
No. 150 of 1844
From
To
Sir,
The Governor of Prince of Wales'
Island Singapore & Malacca
F. Currie Esqre
Secretary to the Govt of India
Fort William
Dated Singapore 28th Novr 1844
I have the honor very respectfully to
bring to the notice of the Right Honorable
the Governor General a matter of some
moment to the navigation of the Straits of
Malacca in the vicinity of Singapore and
the opening of the China Sea.
93
I
I_,.
94
Some years since Funds were
raised in China, with a view of erecting a
Testimonial to the memory of the late
celebrated Hydrographer James
Horsburgh Esquire, and at a meeting of
the subscribers, a wish was expressed
that the contributions should be devoted to
the erection of a Light House bearing the
name of "Horsburgh" on Pedra Branca at
the entrance of the China Sea, or on such
other locality as might be deemed
preferable by the Government of the
Honorable East India Company.
The question of carrying out the
above resolution by erecting a Light House
on Barn Island was submitted to the
Supreme Government under date the 22nd
July 1842 but the measure involved the
necessity of a Military Guard, special
superintendent, and a large
Establishment, which it was proposed to
maintain by exaction of Harbour dues.
Such a restrictive measure on the freedom
of the Port was so opposed to the views of
the mercantile community that the
proposition was at once abandoned,
consequent on the previously expressed
opinion of the Hon'ble East India Company
in their Letter No. 22 of 1839.
The funds adverted to amounting to
5513 Dollars or 12378.8.4 Company's
Rupees being still forthcoming, .as will be
perceived by the enclosed Copy of a
Letter from Messrs John Purvis & Co*, and .. enc A
feeling persuaded of the very great
necessity for a Light House and the
advantage it would prove to the growing
trade with China, I took upon myself to
submit the subject for the consideration of
Captain Sir Edward Belcher C B in the
hope that some site might be determined
upon which would be free from the
objections referred to, and meet the object
in view. The report* of that scientific officer *B
I desire to lay before the Right Hon'ble the
Governor General of India with the Plan
and section of the Rock therein alluded to,
prepared by Mr. Thomson the surveyor,
together with an outline chart, showing its
position with reference to Pedra Branca,
the main land of Johore, and Island of
Romania situated about 32 miles in an E
by N direction from Singapore. This Rock
is part of the Territories of the Rajah of
Johore, who with the Tamongong* have
willingly consented to cede it gratuitously
to the East India Company.
*C
95
96
Pascoa - wrecked
Helen - seriously
injured
Heber - wrecked
The wreck of the Pascoa now lying
in the Roads, and the number of vessels,
some of which are noted in the margin*, lost
or injured by touching on the Rock in the
vicinity of the site selected where the
Henry Davison - Do-current sets with such extreme rapidity as
Stork- Do- to render the navigation dangerous and
difficult in a dark night show the necessity
of a Beacon in that quarter, but the
Superintending Engineer (recently arrived
from Madras) Capt Faber, with whom I
visited the spot, appeared to experience
difficulty in framing an Estimate ... of the
approximate Cost of the undertaking,
consequent on his ignorance of the
language, habits of the people, prices of
materials, method of procuring them &ea
and to consider that an enormous outlay
from a Lack to a Lack and a half of Rupees
would be necessary to complete the work of
masonry, I had therefore almost given up
my intention of moving in the matter, when
·o
my attention was directed to the notice*
(which I venture to append to this
communication) of the Iron Light Houses
erected at Jamaica and Bermuda only a
few years since, at no very great cost at
least not greater than with such additional
aid as Government may afford, I have every
hope of collecting from the Mercantile
community at home and abroad.
I accordingly deputed Mr. Thomson
the surveyor to make a chart of the
entrance of the China Sea, and after a full
consideration of the subject, to favor me
with any observations he might have to
offer. The result is shown in the annexed
document* from that Gentleman, who • E
possesses great knowledge of the natives,
much local experience and indefatigable
industry. It will be perceived that the
foundation for an Iron Light House can be
laid for 2667 Dollars, and that the total
cost of constructing the whole building of
masonry would not exceed 7000 Dollars or
about 1500 Dollars in excess of the sum in
hand exclusive of the Lantern, and I am of
opinion that this structure would answer
every purpose.
The opening of the four Ports in
China and the Establishment of a Colony
at Hong Kong lends an increased
importance to the subject, and may induce
Her Majesty's Government to contribute to
so laudable an undertaking by furnishing
the Lantern. The Honorable the Court of
Directors too, might consider this a
favorable opportunity for marking still more
permanently, their sense of the services
rendered to the world (under their
auspices) by the celebrated Hydrographer
97
98
'-'
James Horsburgh Esquire, whilst I can
confidently say that the small
Establishment necessary to keep the Light
in order, would with the Gun proposed by
Captain Sir Edward Belcher tend most
effectually towards the suppression of the
Piracies annually committed on the Cochin
China and other Traders from the adjacent
Countries, who from the strength of the
current and difficulty of the navigation are
obliged to anchor in that vicinity during the
night.
Without any aid however beyond
what is forthcoming, and what will be given
by Commanders of Trading Vessels, and
the Mercantile Community at home and
abroad, I feel confident that sufficient
Funds could be raised, for the construction
of a Light House, for what a respectable
Chinaman has undertaken to build it viz
7000 Dollars but I would fain hope that no
further call on the Public may be deemed
necessary, and that Her Majesty's
Government and the Honorable the Court
of Directors will supply what may be
wanting.
A Light House, if not properly
attended, would prove infinitely more
perplexing and dangerous to the Mariner,
than its total absence. 1 am therefore of
opinion that less than two European and
Eight Natives would barely answer the
purpose of keeping watch and working the
Gun in case of need, I would therefore
recommend that two steady Pensioners
from the Artillery might be allowed to
volunteer for the service, who should
receive an additional Salary and Rations,
with 8 Malays or Lascars, making the
annual cost to the state including the
Estimated cost of materials for feeding the
2 Gunners - As 100 per mensem
a Malays - " 88 "
Oil, Cotton &ea - " so "
light, 2856 Rupees per annum should it 238
be deemed advisable to employ 151 Class
Convicts in place of the Malays or
Lascars, the expense would be
considerably reduced.
Trusting I have said sufficient to
interest the Right Hon'ble the Governor
General on a subject of such vast
importance to the Trade of our country
and the safety of the Mariner, European
and native, I venture most respectfully to
entreat His Honor's support to the
measure with the Hon'ble Court of
12
Rs 2856 per annum
99
100
@ 103. State with
reference to a proposal
to erect Light Houses
on the Straits of
Singapore. that
Government felt itself
Directors who may then be induced
probably in conjunction with Her Majesty's
Govt to furnish the additional sum required
and order a Lantern to be at once
constructed. In the meantime, if permitted,
I will move the Trading Community in aid
of a work which will perpetuate their
gratitude, for the facilities afforded to the
navigation of these seas, by the
indefatigable researches of James
Horsburgh Esquire.
Singapore
28th Nol 1844
I have &ea
Sd/ W J Butterworth
Governor
Extract from a Marine General Letter from the
Honble the Court of Directors to the Government
of Bengal
restrained from Dated the 4th September 1839 No. 22
imposing duties for the
purpose of raising the
requisite Funds, without
the previous sanction of
Court; to whom
therefore the question
is now referred submit
also a request of the
Marine Board to be
furnished with two
copies of a Marine
letters.
20th
As it appears that the erection of Light Houses in
the Straits is not exceptionally necessary to the
safe navigation of them and the same difficulty
might be found in levying the necessary funds
for maintaining them we do not feel justified in
issuing any orders for the purpose and we
further add that the importance attached by the
mercantile Community in this · country to the
preservation of perfect freedom of Trade at
Singapore forbids our subjecting it to any
restrictions.
21st
We shall transmit by an early opportunity two
complete sets of extracts for the use of the
Marine Department of your Presidency.
Singapore 31 st October 1 844
*A
From Messrs J. Purvis & Co.
To The Honble Col1 Butteiworth C.B
Governor &c. &c. &c
Dated the 31 st October 1 844
Sir,
We have the honor to acknowledge receipt
of your letter of yesterday in which you request us
to inform you whether the funds subscribed in
China to the Horsburgh Testimonial are still
forthcoming for the purpose of aiding in the
erection of a Light House in the vicinity of Pedra
Branca.
I 101
102
In reply we beg to state that the order given
to us in 1842 by Messrs Jardine Matheson & Co. to
pay the amount of Subscriptions in the hands of
Government here whenever they would pledge
themselves to construct a Light House in the
vicinity of Pedra Branca has not been rescinded.
Singapore We have &c
31 51 October 1844 Sig. Inc. Purvis & Co.
*B
From Captain E. Belcher
Dated the 1 st October 1 844
Sir,
In reply to your communication No. 109 and
bearing date April 20/1844, requesting an opinion
upon the most eligible position for a Light House in
the Straits of Singapore.
I have after my mature consideration, and
also from a recent special Survey come to the
conclusion that in pursuance of the intent of the
vote "to erect a Testimonial to the Hydrographer
James Horsburgh Esquire". I am firmly of opinion
that it would tend more to the general interests of
Navigation if such Testimonial stood upon a
position where its benefit would be generally useful
to the Navigation of the China Seas; as well as
these Straits.
For the latter object, nature . specially
presents the Romania Outer Island as the most
eligible site by affording the means of distinctly
avoiding night dangers and thus enabling vessels
to sail to and from Singapore with confidence as
well as Security.
From a slight inspection of the chart of the
Straits you will perceive that a line drawn from the
Centre of the Outer Romania Island to the tail of
Johore Bank would nearly eclipse the light by the
intervention of the nearer Land. Vessels have no
near this line, but, as is frequently practised in our
recent British Light Houses it is very easy to screen
the light to the Safe line so as to warn vessels in
time to shape a Safe Course. The law being either
on entering or quitting the Straits to "Keep the Light
midnight".
The navigation immediately past the light on
the cardinal points within a short distance is
secure. But, the vicinity of danger is easily made
known by the lower panes of the Lantern being
formed of red glass, at the angle of depression
which would warn in time to hautoff.
I
103
104
The Rail of a Lantern might even be adapted
to the same object by slightly observing the light by
a mere Gauge. If this is placed to meet the danger
of the Rock awash the reappearance of the light
after passing the danger will reassure the
navigator.
The Island affords good superficial extent for
the construction of a Light House which should be
based as a Martello Tower, and any chance of
surprise from Pirates be obviated by clean
scarping to low water mark. This lower tower
should be furnished with a small Gun either for
signals or defence; the Tower of the Light House
springing from its centre. This would prevent the
necessi!Y of any force beyond the Light Keepers
and it is very doubtful if the mere knowledge of a
gun being there mounted, would not effectually
prevent the Pirates from rising the Channels in that
vicinity.
This Light house may be further rendered
useful by reporting by signals to vessels passing in
Singapore, wither the passage of vessels up the
China Sea, or any other information which may be
signalled to it.
I am &c&ca
Sig. Edwi. Belcher Captain
*C
From Sultan Allie of Johore
I have received my friend's letter and in
reply desire to acquaint my friend that I perfectly
understand his wishes and I am exceedingly
pleased at the intentions expressed therein as it (a
light House) will enable Traders and others to enter
and leave this Port with greater Confidence.
Dated November 25th 1844
True Translation
/Sd/ T Church
Resident Councillor
Translation of a letter from Datte Tamengong of
Johore
Compliments
have duly received my friend's
communication and understand the contents my
friend is desirous of erecting a light House near
Point Romania, I can have no possible objection to
such a measure indeed. I am much pleased that
such an undertaking is in contemplation. I wish to
be guided in all matters by the Government so
much so, that the Company are at full liberty to put
up a Light House there, or any spot deemed
eligible.
105
106
Myself and family for many years have
derived support from Singapore our dependence is
wholly on the English Government and we hope to
merit the protection of and be favoured by the
Company on all occasions consistent with
propriety.
Dated New Harbour the 25th Novr 1844
True Translation
/Sd/ T. Church
Resident Councillor
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Annex 14
Letter from Butterworth W.J. (Governor of Prince of Wales
Island, Singapore and Malacca) to Beadon C. (Under Secretary
to the Government of Bengal) dated 22 Aug 1845
I
Date
To
Sir
: 22 Aug 1845
No. 139
C. Beadon Esquire
Under Secy to the Govt of Bengal
Light House on
Pedra Branca
I have the honor to acknowledge the receipt of your letter under date the
4th June last No 1463 enclosing an Extract (Para: 71) of a Despatch from the
Superintendent of Marine in Bengal dated the 23 rd April 1845 No 1502 and
directing me to report on the recommendation of that Officer relative to the
construction of a Light House on Pedra Branca.
The number of vessels that have been wrecked in the vicinity of Pedra
Branca and Point Romania at the opening of the China Sea imperatively call for
a Light House in that neighbourhood and there can be little doubt that the former
would be the best possible position for one as far as the light is concerned, but it
is so remote from Singapore, at so great a distance from the Main Land and so
inaccessible at certain seasons of the year that under all circumstances I should
give the preference to the position selected by Captain Sir Edd. Belcher C.B. as
reported in my letter under date the 28th November 1844 No 150.
By a letter from the Under Secy to the Government of India dated the 15th
February 1845 No 121 forwarded to me with your Endorsement dated the 24th
Idem No 510, it would appear that the proposition for the Erection of a Light
House on the site selected by Captain Sir E. Becher C.B. viz Peak Rock the
outer Romania Island has been recommended for the favourable consideration
of the Honble the Court of Directors and I trust that the time is not far distant
119 I
1-
j 120 I
when the Work may be commenced upon, as a light in that quarter is becoming
daily of more paramount importance.
Singapore
22nd Augst 1845
I have &ea
5d W.J. Butterworth
Governor
121
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Annex 15
Letter from the Court of Directors of the East India Company
to the Governor General of India in Council dated 15 Oct 1845
Date
Para 1
: 15 Oct 1845
Marine Department
No 6 of 1845
Our Governor General of India in Council
We have had under consideration your letter No 3 dated 15th
February 1845 on the subject of a proposal to erect a Light House on the
Peak Rock near the outer Romania Island in the Straits of Singapore.
2 It appears that the Cost of the building which it is proposed
should be called the Horsburgh Light House, is· estimated at 7, OOO Dollars, of
which 5513 have been raised by Public subscription, and you recommend that
the deficiency should be supplied by the Government of India which should
likewise take upon itself the future current expenses of the Light house
estimated at Rupees 2856 annually.
3 We readily admit the propriety of affording all possible facilities
to navigation in the Straits of Singapore, and entrance to the China Seas,
more especially on account of the daily increasing importance of the trade
with China, and we are also of opinion that the opportunity now offered of
constructing at a very trifling expense to the public a light house in a very
desirable situation should not be neglected.
4 We are however opposed upon principle to the appropriation of
any further sum however small, from the general revenues of India to
purposes which apply with equal advantage to all shipping frequenting the
Straits of Malacca and China Seas, and we think that the additional funds
required for the construction and maintenance of a light house near
123
I 124 1
Singapore, should according to the practice in all other parts of the world, be
raised at the expense of the shipping interest for whose special benefit it is
designed.
5 Having therefore ascertained that no objection will now be made
by Her Majesty's Government to the levy of moderate Light House dues at
Singapore, we authorise you to impose on Vessels entering that port a charge
not exceeding one Rupee for every hundred tons of burthen and a
proportionately reduced charge on vessels of less than one hundred tons.
6 We also authorise the levy of similiar duties in India on all
vessels cleadng out for China or other places to the Eastward of Singapore,
but such ships on production of receipts for the payment of the light house
dues in India are not of course to be subjected to a repetition of the charge at
Singapore, during the same voyage. If necessary, Her Majesty's Residents or
Consuls at Ports to the Eastward of Singapore might be empowered to
demand from Masters of Vessels receipts for payment of the dues either in
India or at Singapore.
7 The Fund arising from these imposts is to be strictly
appropriated to the reimbursement of any sums advanced by your
Government for the construction of the light house, and to the payment of the
current expenses of the building and in case the proceeds of the light house
dues should prove at any time to be more than the amount needed for these
purposes a corresponding reduction must be made in the rates of charge.
Weare
Your affectionate Friends
Sd/ C Henry Willock London
" J. W. Hogg The 15th October 1845
" WWigram
" J. L. Lushington
112s I
" E. Macnaghten
" William Young
" J. Petty Muspratt
" Henry Alexander
" M. T. Smith
" John C. Whiteman
" John Shepherd
" John Masterman
" F Warden
I 12s I
The
Marine Dept
15th Octr 1845
Company's Letter to the Governor General of India in Council
No. 6 of 1845
Sd/ ............ .
Reply to Letter No. 3 d/ 15 Feb. 1845 relating to the erection of a Light House
on the Peak Rock near the outer Romania Island in the Straits of Singapore.
Authorize the levy of Light House dues at Singapore on all Vessels entering
that Port. Similar duties to be levied in India on Vessels clearing out for China
or other places to the Eastward of Singapore. The fund arising from these
imposts to be strictly appropriated to the reimbursement of money advanced
by Govt for the construction of the Light House and to the payment of the
current expenses of the building.
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Annex 16
Letter from Butterworth W.J. (Governor of Prince of Wales
Island, Singapore and Malacca) to Bushby G.A. (Secretary to
the Government of Bengal) dated 26 Aug 1846
,-
Date
To
: 26 Aug 1846
G.A. Bushby Esquire
Secy to the Govt of India
Fort William
No. 123
Dated Singapore 2~th August 1846
Sir,
I have the honor to transmit the accompanying Copy*
of a letter to my address from the Secretary to the Honble Court
of Directors enclosing the Copy of one from the Secretary to the
Admiralty relative to the Light House proposed to be erected to
the memory of the late Hydrographer James Horsburgh
Esquire, at the entrance of the China Sea.
In my letter under date the 22nd August 1845 No 139, I
intimated my unqualified opinion that Pedra Branca would be
the best possible position for a Light House so far as the light is
concerned, but I was induced to give the preference to Peak
Rock in outer Romania Island, the position selected by Captain
Sir Edward Belcher C.B. in consequence of the former Island
being so remote from Singapore, at so great a distance from the
Main Land and so inaccessible at certain seasons of the year.
135
*d/ 61
h May 46
136
The recent Survey* of the Straits made by the *vide my letter d/
41
Government Surveyor Mr Thomson and Captain Congalton h May last No
63
Commanding the Honble East India Company's Steamer
Hooghly has led to the discovery of so many Rocks and Shoals
previously unknown, that I only waited to learn the decision of
Government touching the Erection of a Light House, to institute
further enquiries regarding the sites viz Pedra Branca and Peak
Rock.
On receipt of Mr Melvill's communication I forthwith
called upon the above Officers for their Report* which I have the *copy sent d/ 25
honor to enclose, and by which the Honble the President in Augt 1846
Council will at once perceive that Pedra Branca is the only true
position for a Light House at the Entrance of the China Sea.
My letters under dates the 28 November 1844 No 150,
and 22nd August 1845 No 139 will have pointed out the glaring
necessity for a Light House in the position above indicated, but I
need hardly observe that the work has not been commenced
upon as anticipated by the Secretary to the Honble E.I. C0
• I
sincerely trust however that the question will receive early
*d/ 19th consideration, and that the accompanying Copy of a letter* ,
1846
with its enclosures just received from the Chamber of
Commerce at Singapore will induce the Honbfe the President in
Council to move the Honble Court of Directors to order an Iron
Light House from England for erection on Pedra Branca. The
whole of the Details for the care of Light House as set forth in
my letter under date 28 Novr 1844, with reference to its being
located on Peak Rock, will be equally applicable to the new
Position.
2
It will be observed by the letter* from Mr A Gordon that *one of the
an Iron Light House can be delivered at Either Site Selected for enclosures to· the
above letter.
£3,000 or about 30000 Rupees, and by the other letters
adverted to, in the communication from the Chamber of
Commerce that there is forthcoming
from Madras
and from Bombay
which with that from China
Rs 780
" 4300
" 12378
previously reported giving a total of Rs 17458 Rupees available
for a Light House, and this I have no doubt will be added to
when it becomes known that Government have decided upon
carrying out the views and wishes of the Mercantile Community.
In conclusion I beg to annex a Copy of my reply* to the "di 261
h Aug
Secretary to the E. I. C0 which I trust will be approved of by the No 122
Honble the President in Council.
Singapore
26 Aug51 1846
I have &ea
Signed: W.J. Butterworth
Governor
3
137
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---- ---------------------------
Annex 17
Letter from Bushby G .A. (Secretary to the Government of
Bengal) to Butterworth W.J. (Governor of Prince of Wales
Island, Singapore and Malacca) dated 3 Oct 1846
Date
Home Depart
Marine
: 3 Oct 1846
From
To
No. 634
G.A. Bushby Esqre
Secy to the Gov'. of India
L1 Col1 W. J. Butterworth
Governor of Prince of Wales
Island, Singapore and Malacca
Dated the 3rd October 1846
Sir
In reply to your Letter No. 123 dated 261
h August last, I
am directed to inform you that the President in Council approves
of Pedra Branca for the position of the Horsburgh Light House to
be erected at the entrance of the Singapore Straits from the
China Sea and proposes to address the Hon'ble the Court of
Directors requesting. the Court to take into consideration the
proposition that an Iron Light House be sent from England.
2. I am directed_ to request that you will notice the
observation in the last para of Mr. Hamilton's letter dated 181
h
April to Mr. Secretary Melvill respecting the rocks and shoals at
Romania Point which in the opinion of the Lord's Commissioners
of the Admiralty require some attention with a view to warning
vessels from getting entangled amongst them in dark nights.
143
144 I
Fort William
The 3rd October 1846
I have the honor to be,
Sir,
Your Most Obedient Servt
Signed: G.A. Bushby
Secy to the Govt. of India
Bengal
3rd October
No.634
Approves of Pedra Branca for the position of th~ Horsburgh Light House and
proposes to address the Honble the Court of Directors relative to sending out an
Iron Light House from England.
145
146
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147
148
.. _ ..
Annex 18
Letter from the Court of Directors of the East India Company
to the Governor General of India in Council dated 24 Feb 1847
Date : 24 Feb 1847
Marine Department
No. 1 of 1847
Our Governor General of India in Council
Para 1 Your Letter dated 3rd October 1846 in reply to our Despatch of
the 5th May preceding, forwards Copy of a Report received from the Governor
of Prince of Wales Island, Singapore and Malacca, which leaves no doubt as
to the superiority of Pedra Branca over Peak Rock on the outer Romania
Island as a site for the Light house proposed to be erected in the
neighbourhood of Singapore to the memory of Mr Horsburgh. We concur
therefore in your approval of the choice of the former site.
2 We cannot however assent to the proposal that we should order
an iron Light House to be sent out from England.
3 The proposition originally submitted to us was that the
Horsburgh Testimonial should be a Light house of masonry which we were
informed could be erected at a cost of 7000 dollars exclusive of the price of a
lantern, of this sum 5513 dollars had been already raised by subscription, and
to supply the deficiency and to provide funds for the current expenses of the
Light house when finished, we authorized the levy of certain dues on shipping.
4 The cost of a suitable iron Light house complete with Lantern
and lighting apparatus is stated at £3,000, which added to the cost of erection
and of preparing the foundation would form a sum more than double the
estimated cost of a similar building of masonry. You have not informed us
from what source the difference of outlay is to be supplied, for the only
addition which appears to have been made to the subscriptions previously
reported, is a sum of about £500 raised at Bombay and Madras. We stated in
our Despatch of the 6th May last, that we objected on principle to the
appropriation to such a purpose of any sum, however small, from the general
149 I
150
revenues of India, and we are equally indisposed to increase the Light house
dues of which we have authorized the imposition. We are therefore of opinion
that the original design of a tower of masonry must be carried into execution.
London We are your affectionate
friends
241
h February 1847 Signed: H St G Tucker
" WWigram
" John Cotton
" C Mills
" W L Melville
" E Macnaghten
" F Warden
" W H C Plowden
" John C Whiteman
" I Petty Muspratt
" H Shank
" Henry Willock
" Archibald Robertson
" W H Sykes
" R Campbell
The
Marine Dept
241
h Feb. 1847
Company's Letter to the Governor General of India in Council
No 1 of 1847
Reply to Letter
3rd Oct 1846
Steamer "Precursor"
Via Marseilles
Concur in approving site of the Pedra Branca over Peak Rock on the outer
Romania Island for the Light House proposed to be erected in the
neighbourhood of Singapore to the memory of Mr. Horsburgh. Cannot
however consent to bear proportion of the charge .... sending out an Iron
Light from England. It is .... to appropriate for such an object any sum from
the general resources of India, and it is not expedient to increase Light House
dues, the imposition of which was lately authorized. The original design of a
tower of masonry should therefore be carried into execution.
151
r
i
_J
152
11s3 1
154
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156
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Annex 19
Letter from Bushby G .A. (Secretary to the Governm.ent of
India) to Halliday F.J. (Secretary to the Governm.ent of
Bengal) dated 24 Apr 1847
Date
Home Dept.
Marine
From Court of
Directors No. 6 of
: 24 Apr 1847
From
To
Sir,
No.284
G. A. Bushby Esqre
Secretary to the Govt of India
F. J. Halliday Esqre
Secretary to the Govt of Bengal
dated the 241
h April 1847
With ref ere nee to my I ette r No. 121 dated 1 5th February
1845, relative to the erection of the Horsburgh Light House at
the entrance of the Singapore Straits from the China Sea, I am
directed by the President in Council to request that you will
place before the Hon'ble the Deputy Governor of Bengal, the
1845 d/ 1 s1
h Oct, accompanying Copies of three Dispatches together with the
No. 4 of 1846 di 61
h
May with encls.
correspondence as per margin* on the subject.
letter from Govr P.
w. Island 2. His Honor will perceive that the Hon'ble Court have
Singapore and sanctioned the proposal and have expressed their
Malacca di 261
h concurrence with the local authorities and with the
Aug81
1846, No. 123 f . . · · h 8
. Government o India m approving the site oft e Pedra ranca
with encls.
Ditto to Do, d/ 3rd over Peak Rock on the outer Romania Island. An application
Oct' 1846, No. 634 made by the Governor of the Straits Settlements for an Iron
Ditto from Do, di Light House from England, has been declined by the Hon'ble
191
h Ded 1846, No. Court who suggest that the original design of a Tower of
191 with encls.
From Court of
Directors d/ 24th
Feby. 1847 No. 1
Masonry should be carried into execution.
159
160
3. The Hon'ble Court consider it objectionable that the
general resources of India should be charged with any
expense for such an object, and they suggest the levy of
certain rates of duty on shipping as Light House dues, in order
to reimburse the Govt for monies that may be advanced by it
for the construction of the Light House and to meet payment
for the current expenses of the Building. The President in
Council will be prepared to pass an Act for the levy of such
duties on being favored with the sentiments of the Hon'ble the
Deputy Governor on the question together with any report
which he may deem it necessary to obtain from the authorities
in the Straits relative to the rates of duty sanctioned by the
Court.
Council Chamber
The 24th April 1847
I have the honor to be &ea
Sd/ G. A. Bushby
SecY to the Gov1 of India
161
162
V.'
Annex 20
Letter from Beadon C. (Under Secretary to the Government of
Bengal) to Butterworth W.J. (Governor of Prince of Wales
Island, Singapore and Malacca) dated 10 May 1847
Date
Marine
: 10 May 1847
From
To
No. 426
The Under Secy to the Govt of Bengal
Lieut Coll W J Butterworth CB.
Governor of Prince of Wales Island,
Singapore and Malacca
DI Fort William, the 1 oth May 1847
Sir,
In continuation of the orders of this Government No 510
dated the 241h February 1845 and with reference to your
subsequent correspondence with Mr Secy Bushby on the
subject of the proposed Light House in the Straits of
Singapore, I am directed to forward for your information copy
From Govt 01 India of the documents noted * in the margin, and to request that
No 284 di 24th
you will immediately take measures for the construction of a
April 1847
Hon'ble Court's Light House upon Pedra Branca according to the Plan and
Dispatches to Estimates submitted with your letter No. 150 dated the 281
h
Govt of India in Nov 1844.
the Marine Dpt No
6 d/ 151
h Oct 1845,
h 2.
No 1 d/ 241 Feby
The particular locality of the light house upon the Island
1847 you will determine carefully in communication with such
persons as you may consider competent to afford you advice
on the subject.
163
164
3. You are requested to state what rates of duty it would,
in your opinion, be necessary to impose upon ships touching
at Singapore, and also upon all ships bound in the direction of
the Straits of Malacca from the Indian Ports and from Hong
Kong in order to reimburse the Government of India for the
expense incurred in the construction and maintenance of the
light house.
I have Honor to be,
Sir,
Your most obedient Servant,
Signed: C Beadon
Under Secy to the Govt of Bengal
1847
Bengal
10th May
- No 426 -
Sanctioning the Construction of a Light
House of Masonry in Pedra Branca
165
I 166 I
1167 I
168
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Annex 21
Letter from Thomson J.T. (Government Surveyor at
Singapore) to Church T. (Resident Councillor at Singapore)
dated 9 July 1847
Date : 9 Jui 1847
To
The Honorable T. Church Esquire
Resident Councillor
Singapore
Sir
I have the honor of acknowledging the receipt of your letter No. 686 of
1847 and in reply beg leave to state that I called upon the Chinese Contractor
Choa Allum to inform the Gentleman if he would undertake the building of my
plan of the Horsburgh Light house, on Pedra Branca instead of Peak Rock
Romania for the same sum and under the same terms and conditions as set forth
in the estimate contained in my letter under date 20th November 1844.
As you are alre_ady aware he has stated until he had sent his people to
see Pedra Branca, and I accordingly accompanied them to the spot in the
steamer Hooghly, amongst their member I have. On their return it appeared that
they represented to Choa Allum the greater ......... , the manner (?) of the
channel dividing P. Branca from the Romania Islands. The great strength of
currents, exposed position of anchorage, want of water, sand and wood and the
danger of the ...... cargo ..... that are to be had at Singapore being blown to see
in the South Rock. . . . . . . all of which objections they reported did not apply to
Peak Rock Romania. Under the above circumtances Choa Allum said that he
could not undertake so important a work which was thus . . . . . . . during its
construction to so many accidents and stoppages by tides and weather, under
any sum, but that if the Government by the aid of their steamers and gun boats
should make the communication good between the Romania Islands and Pedra
Branca ....... all the materials then he would have no objections to undertake my
plan at its original estimate, as water, sand & wood were also to be had at the
169
170
Romania Islands, the Govt would also be required to make up this deficiency at
Pedra Branca without charge to the Contractor. In addition I need only further
mention that should any plan be eventually chosen then it would be requisite to
have the above conferred direct to Govt under Choa Allum signature so as to
make the agreement binding.
Altho' I had not yet been favored with the knowledge of the intentions of
Government as to the content that my service were be required, if at all, in the
carrying thro' of this important and useful work. I trust and may be held . . . . . . in
volunteering such information as I obtained when at the Rock, and suggesting
what precaution should be taken prior to the commencement of, approbations
and offering my opinion as to the establishment required for insuring the stability
of the work in each of its details.
Pedra Branca is a small granite rock situated in the Mid Channel of the
Eastern outlet of the Straits of Singapore to the China Sea, and is distant from
Singapore 35 miles. A deep channel subject to rapid currents divides the rock
from the main land of Johore and measures at its narrowest part from Romania
Point eight miles. The rock is barren and devoid of water. The accompanying
sketch will give a better idea of its extent than a description in writing. I found the
highest part of the rock to measure 26 feet above high water mark - spring tide -
but during January and February the tides rise to two feet higher. For nine
months in the year a landing will always be easily effected, but during Dec, Jan &
Feb this will seldom or never be the case. There is sufficient ...... on the rock to
erect huts for 50 workmen, and materials of sufficient quantity can also be stored.
These would require to be entirely used up or removed before the North East
Monsoon begin to blow. Of stone there is abundance on the surrounding rocks
for building purposes (A ........ grayish granite), so that if this material were used
in the Light house, it would be as lasting as its foundation. In extent and height
there is not much difference between this rock and Peak Rock Romania, but
owing to its more exposed position, I do not think it would be prudent to fix on the
plan that I designed for the latter, until the effect of the waves on this ...... rock
have been ascertained, during the stormy months, to this end, I would humbly
suggest that the building of small brick pillars and placing large ..... on various
parts of the rock would be expedient, at same date previous to next October.
may further mention that were the plan for that rock found suitable after this
proposed test some modification would be required in its base, (27 feet in dia), as
there is not more than 24 feet of solid base to be had on Pedra Branca. Captain
Congalton has also recommended the placing of two substantial bouys, one a
cable length to the N.E. of the Rock and the other at the same distance to the
S.W. they would be moored by chains & anchors, & would facilitate much the
approach of boats to the rock. With regard to the establishment requisite to
superintend the works so as to ensure these being perfect and ...... past. I would
consider the employment of a trustworthy overseer and ............ indispensable,
...... on the spot, and if the works were carried out from my designs and on my
responsibility, my presence at the place, would also be almost daily required. As
it would be of the greatest importance to have with these ..... and laid in a most
workmanlike manner in all difficult work as this will be in these parts, where none
of the appliances are to be had that would render such a work in ..... .
comparatively easy, nor workmen with the skills to use them. In conclusion I
would humbly recommend the employment of one steamer & two gun boats, to
insure the progression of the work by keeping a communication with Singapore.
The steamer for towing the cargo boats to the rock and one of the gun boats
among ....... and the other for carrying water, provisions and passengers, and as
my time during the progress of the work would necessarily almost entirely
devoted to it, my duties as surveyor and Superintendent of contract roads, would
require to be much ..... , but these and other matters can be arranged on the
return of his honor the Governor to Singapore.
Singapore
July 9 1847
PS. The enclosures have been returned
I have & ea.
Sd/JT Thomson
Govt Surveyor
171
172
173
I 114 I
175
Annex 22
Letter from Butterworth W.J. (Governor of Prince of Wales
Island, Singapore and Malacca) to Beadon C. (Under Secretary
to the Government of Bengal) dated 22 July 184 7
Date : 22 Jui 1847
No. 111
To C. Beadon Esquire
Genl No. 551 of
1847
Under Secy to the Gov1 of Bengal
Fort William
Dated P. W. Island 22 July 1847
Sir
With reference to your letter under date the 21st April last
No. 89 placing the Surveyors in the Straits under the control of
the Depy Surveyor General, and my reply thereto, of the 7 June
following No. 95, I have the honer to transmit the accompanying
copy of a letter from the Resid1 Councillor at Singapore with its
*di 6 July 1847 enclosures from Mr. Thomson the Government Surveyor.
No. 162
It will be perceived that Mr. Thomson is desirous of
undertaking the survey of all the Lands in the three Settlements,
but I am of opinion that this would be most inexpedient, and must
directly lead to a continuance of the present unsatisfactory state
of the Land Department at the Northern end of the Straits, where,
notwithstanding the money that has been expended for the
purpose, there is not a complete District Survey of Penang or Pro:
Wellesley.
In my letter under date the 19th May 1845 No. 84. I
anticipated that a year would be sufficient to complete the maps
of Penang and Province Wellesley with a separate Surveyor to
each place; but I fear that the period must be prolonged if I may
judge from what has been already executed, and I am assured
177
178
• See Messrs.
Thomson &
Congalton's Report
of 25th August 1846
• measured in
that both Mr. Marriot and Mr. C. Hara have been most attentive
to their duties - The Deputy Surveyor General will now however
be able to exercise a more salutary check in the matter and so
soon as the needful is done. I conceive that one Surveyor in the
Straits will be amply sufficient for the three Settlements, and that
Mr. Thomson should be the person.
In the meantime Mr. Thomson will be fully occupied in
completing the survey of Singapore - Surveying and
superintending the construction of the Roads sanctioned under
date the 20th May 1845 No. 1401 and in the erection of the Light
House on Pedra Branca, the Plan and Estimate for which drawn
out by that Officer and submitted in my letter under date the 20th
November, 1844 No. 150 having been sanctioned by the Hon 'ble
the Court of Directors in preference to an Iron Light House
proposed by me.
The aforesaid Plan and Estimate were framed with a
view to the erection of a Light House on Peak Rock, which is
close to the Main Land of Johore, and only 28* miles from
Singapore, while the site now determined upon - Pedra Branca
- is not within 6 %* miles of any land - at least 40* miles from
Thomson & Singapore and exposed to the full effects of the North East
Congalton·s new Chart Monsoon. I fear therefore the expense will be considerably in
- nearest land Peak
Rock excess of the Estimate originally furnished, but I shall visit the
'See Mr. Thomson's
report enclosed in
Mr. Church, Letter of
6 July 1847 No. 102.
spot with Mr. Thomson and the Chinese Contractor on my return
to Singapore, when I will do myself the honor of reporting fully on
the subject.
Penang
22nd July 1847
I have &ea
Sigd. W. J. Butterworth
Governor
179
I 1ao I
I 1a1 I
I
Annex 23
Extract from a General Letter from the Government of Bengal
· to the Court of Directors of the East India Company
dated 29 Sep ] 84 7
Date : 29 Sep 1847
112262
Draft No: 337 of 1848
Bengal
Marine Department
Collection No. 34
Letter from No.: 27, dated 29th Septr 1847
Paras 41 and 42 Instructions issued relative to the construction of the
Horsburgh Lighthouse on Pedra Branca.
Secretary's Office
Marine Branch
1848
I No. 30 I
I 1s3 I
j 1s4 I
Extract from a General Letter from the Govt of Bengal to the
Hon'ble the Court of Directors in the Marine Dept dated the
29th Sept 1847 No. 27
41 On being furnished from the Home Dept with Your
Honble Court's Dispatch with Enclosures relative to the
erection of the Horsburgh Light House at the entrance of the
Singapore Straits, I requested the Governor of Prince of
Wales' Island, Singapore and Malacca, in forwarding him the
correspondence on the subject, to take immediate measures,
in communication -with such persons as he may consider
competent to afford advice, for the construction of a Light
House upon Pedra Branca according to the plan and estimate
submitted with his letter No. 150 dated 28th November 1844.
42 At the same time I requested ColL Butterworth to state
what rates o.f duty it would be necessary to impose upon ships
touching at Singapore and also upon all ships bound in the
directions of the Straits of Malacca from the Indian ports and
from Hong Kong in order to reimburse the Govt for the
expense that will be incurred in the construction and
maintenance of the Light House.
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Annex 24
Letter from Butterworth W.J. (Governor of Prince of Wales
Island, Singapore and Malacca) to Beadon C. (Under Secretary
to the Government of Bengal) dated 1 Oct 1847
Date
Genl No 740
of 1847
Commdr Mason of H.M.'
steam vessel Madea
Mr. Brodie E: Master of Do
Captain R S Ross Master
Attendt at Singapore
*di 20 Sept 1847
No. 885 Copy sent
*vide their Report di 251
"
September 147 Copy sent
: 1 Oct 1847
No. 141
To
C. Beadon Esquire
Under Secy to the Govt of Bengal
Fort William
Dated 1 st October 184 7
Sir
I have the honor to report that as contemplated in my
letter under date the 22 July last No. 111, I have visited Pedra
Branca, the Rock on which it has been determined to erect a
Light House agreeably to the instructions of the Hon'ble the
Court of Directors, conveyed under cover of Mr Under
Secretary Young's despatch, dated the 10th of May, No. 426
of 1847.
2. The Officers named in the margin, accompanied me to
Pedra Branca, and I was desirous of enlisting the services of
the Superintending Engineer, but it will be perceived by the
enclosed communication* from this Officer, that he is not in
health to undergo the exposure deemed necessary on the
occasion.
3. The Nautical Gentlemen above mentioned, were
universally of opinion* that a Building of chiselled granite, is
the best suited to the exposed position of Pedra Branca, an
Iron Light House having been refused, but I think it will be
injudicious to decide upon the nature -of the Building, till we
have ascertained the forces of the waves on the Rock, and
the extent to which they break.over it, which I propose to do
187
188
'di 9 July 1847 Copy sent
by placing Brick Pillars, and stones on different parts of it
during the approaching Monsoon.
4. Should the original design of a Granite base with a
Brick Pillar be found to answer, it will be seen by Mr
Thomson's Report* that the Contractor is still prepared to
undertake the work for 7,000 Dollars, with some little
assistance from the State. If on the contrary a Light House
built entirely of Granite be imperatively necessary, a
considerable increase to the outlay originally proposed will be
indispensable. In the former case, I have the full amount now
in hand owing to the munificent liberality of Messrs Jardine,
Matheson & Co. who have allowed compound interest on the
sum subscribed in China and placed with that firm towards
the erection of a Horsburgh Testimonial.
5. The Chief object of my present communication, is to
comply with the request contained in the concluding Para. of
Mr Under Secretary Young's Letter of the 10th May as to the
rate of duty it would be necessary to impose upon ships
touching at Singapore, as also on all ships bound in the
direction of the Straits of Malacca from Indian Ports to Hong
Kong with a view of meeting the current expenses of the Light
House.
·dt 19 July 1847 No. 117 6. By the accompanying copy of a letter* from the
Resident Councillor at Singapore, the Hon'ble the Deputy
Governor of Bengal will perceive that during the past year 797
Square Rigged Vessels equivalent to 231,812 Tons cleared
out of this Port, but many of these Vessels have visited
Singapore more than once during the year and some, half a
dozen times so that if every vessel were charged with Light
House House (sic) Dues, and Vessels touching more than
• ..... official from Mr Purvis
di 25 June 1847
once with double the charges, not more than 150,000 Tons
could be calculated upon from this Duty, supposing every ship
to pay without reference to destination, which I am disposed
to concur with Mr Church would save all litigation and
probable evasion.
7. Now the current expenses of the Light House including
Attendant &ea is estimated at Rs 2,856 per annum and some
allowance must be made for occasional repairs the purchase
of a lantern &ea. I would therefore calculate the duty at one
Dollar for 100 Tons and nothing less than this I am of opinion
will cover the amount of charges on account of the Light
House on Pedra Branca, for although the above only includes
the vessels clearing out from hence, it must be remembered
that all, or nearly all vessels proceeding from India to China
and the reverse touch at this Port.
8. I would however previous to closing this letter
respectfully solicit the attention of the Hon'ble the Deputy
Governor of Bengal to the enclosed extract from a letter* from
one of the oldest merchants in Singapore, not so much with a
view of pressing the general question on the immediate
consideration of Government, as to show what is deemed
necessary for the safe navigation of the Straits of Malacca,
the cries of humanity imperatively demand a Light House at
the entrance of the China Seas, and a better position could
not be fixed upon for it than Pedra Branca. I trust therefore
that nothing may retard the execution of this work.
I have &ea
Singapore Sigd. W. J. Butterworth
1 October 1847 Governor
189
190
I 191 1
I 192 I
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Annex 25
Letter from Thomson J.T. (Government Surveyor at
Singapore) to Church T. (Resident Councillor at Singapore)
dated 5 Nov 184 7
I
Date : 5 Nov 1847
To the Honble
Sir
T. Church Esquire
Resident Councillor
No 21
I have the honor of informing you that during last month I was employed
in surveying and dividing the land belonging to Bach Assex in Kallang District; in
placing brick pillars on Pedra Branca; in surveying the Old Straits and Creeks;
running thereunto, called Sirangoon Kitchil, Pongol, Poos, Simpang Besar,
Simpang Kitchil, Sunbawang, Boasing (?), Batu Rimau, China(?), Mandai Besar,
Mandai Kitchil, Kranjie Paolo, Kranjie Batang. Hari, Kranjie Kannan and Kranjie
Kiri; in superintending the construction of the New contract Roads and Tock
Seng's wells and in attending at the Public Offices for the dispatch of land office
business.
Singapore
5th Nov 1847
I have &ea
Sd/ J.T. Thomson
Surveyor
195
196
Annex 26
Letter from Thomson J.T. (Government Surveyor at
Singapore) to Church T. (Resident Councillor at Singapore)
dated 20 May 1848
Date
To
Sir,
: 20 May 1848
the Honorable
T. Church Esquire
Resident Councillor
No. 19 of 1848
I do myself the honor of forwarding for your information a plan of a light
house proposed to be erected on Pedra Branca, drawn out in pursuance of
the instructions contained in your letter No. 244 of 1848 and accompanying
the plan is an estimate of the cost, and specifications detailing the mode of
constructing the building.
For the reasons noted in my letter to his honer the Governor dated 20th
Nov. 1844, regarding the erection of a 'light house at the adjacent coast on
Peak Rock, the estimate has been constructed with the anticipation that the
building will be given to a Chinese contractor, as that class are the only
people that could undertake such a work under any limited sum. I have
consequently given in the estimate the actual cost of materials on the rock
and allowed 1 O per cent of profit to the Chinese that may undertake to finish
the building. This I trust will meet with the approval of Govt as being the
cheapest and most expeditious mode of completing this desirable work, for on
the system of daily labour, I could not promise its being done at double the
amounts ...... submitted.
1197 1
198
In undertaking a work of this kind there is more than ordinary risk to the
Contractor, first owing to its solitariness. There will be difficulty in procuring
labourers, second, the exposed position and difficulty in landing, subject those
engaged to many accidents, further the limited number of labourers of the
Class required, may raise the demand to considerably above double their
present wages at twice that the Govt may sanction its commencement .....
have taken this into account in the estimation, I have every reason to think
under all ordinary circumstances that the actual cost will not exceed the sum
stated, but at the same time I must add that the cost of a work of this kind
cannot be calculated with the same precision as an ordinary building in
Singapore town.
I have further taken into account the assistance that will be afforded by
Govt in-employing one steamer and two gun boats, in the ..... indicated in my
letter No 4 of 184 7. Under these circumstances the steamer besides taking
the materials will with the gun boats have ample time for furnishing wood and
water to the people employed at the Rock. I have consequently proceeded on
the supposition that they will do· these duties. The steamer on the
commencement of the work, could also carry the workmen with the wood and
planks, for their temporary houses and other - light stuff. I would also beg to
recommend the employment of eight convicts to make the cement under my
own eye in Singapore, as this subject requires much attention and care and I
would further suggest that the crews of the steamer Gunboats be allowed to
rigg up the derrick ..... Hoist the lantern or cupola and such work as can only
be properly entrusted to seamen.
As the superintendent of an important work of this kind at so great a
distance from Singapore will require constant and unmarried exertions on my
part and as the establishment allowed for my ..... could not ..... the
responsible persons to reside on the spot to oversee each detail so as to
guarantee the work being ..... a ..... I will almost constantly during the
progress required to proceed to and from Pedra Branca. I would therefore
humbly ask the favor of your moving the government, in consideration of the
extra expenses, exposure .. _... and responsibility that I will have and in
addition my surveying duties to allow me 150 Company Rupees additional to
my present pay which is 350 Rs while engaged at this work. This will be only
50 Rp above what is sanctioned for Deputation when at Malacca, ...... about
the survey at Malacca entails none of the responsibility that I would have in
this world. I would further ask the favor of your allowing one of the
Commanders of the gun boats being employed as Overseer of works on an
additional allowance of 50 Rs to his present pay or in case this could not be
sanctioned, the employment of a private person on 100 Rs per month, under
which sum no respectable person would be advanced for a limited period for
such a work as this, and I am ..... it is essential to the stability that such a
person should be employed. The probable period required for the finishing of
the light house from its commencement will be two years. These additions, if
sanctioned would consequently, increase the amount of the estimate as
follows
Deputation allowance to Surveyor -
month for 24 months
allowance to gunner of Gunboat
24 months
Estimated cost of contract
150 Rs per
3600 Rs
50 Rs perm
1200 Rs
1636- 36
545-45
13101-78
Sp Ors. 15283 - 59
I would further humbly bring to the notice of Govt ..... management .....
it may be necessary from now to proceed in the Govt steamer instead of the
Gun boats and that the Commanders ..... of Govt charge 8 Rupees per day as
table money, and as this seem ..... be discussed in the service of the light
house. I would beg the favor of its being chargeably against the funds for the
erection.
With regard to the mode of lighting the building and plans for the
cupola as this subject is most ..... , I will address you separately in a few days
hence.
Singapore 201
h May 1848 I have the honor to be
Sir
Your most obdt st
Sd/ J T Thomson
199
200
.. , ... :,,i- •".
201
202
Annex 27
Letter from Butterworth W.J. (Governor of Prince of Wales
Island, Singapore and Malacca) to Seton Karr W. (Under
Secretary to the Government of Bengal) dated 12 June 1848
Date
Letter to Gov' d/ 28th
Nov 1844 Not50
Letter from Do di 241
h
Feb 1845 No 510
Letter from Do di 41
"
Jun 1845 No 1463
Letter to Do di 22""
Aug 1845 No139
Letter to Do di 26th
Aug 1846 No123
Letter from Do di 3rd
Oct 1846 No 634
Letter to Do d/ 19th
Dec 1846 No 191
Letter from Do di 101
h
May 1847 No 426
Letter to Gov' di 101
Oct 1847 No 141
Letter from Do d/ 22""
Dect847 No 1066
·under di the 22"" Dec
1847 No1066
•vide enclosure to Mr
: 12June 1848
No. 72
To
W. Seton Karr Esquire
Dated Singapore 121
h June 1848
Sir
With reference to the several communications noted in
the margin* regarding the construction of a Light House on
Pedra Branco at the entrance of the China Sea to the memory
of the celebrated Hydrographer James Horsburgh Esquire, I
have now the honor to submit the accompanying full Report on
the subject for the final orders of the Right Honble the
Governor of Bengal.
2. In accordance with the views stated in the 3rd Para of
my letter dated the 1 st October 184 7 and approved of by the
Honble the Governor of Bengal*; Brick Pillars were erected on
Pedro Branca, the site determined upon for the Horsburgh
Light House, for the purpose of ascertaining the effect of the
waves on the Rock during the N.E. Monsoon which usually
prevails here from October to Feby the result is detailed in Mr
Church letter dt 9 Thomson's Report a Copy * of which is herewith transmitted.
March 1848 No 47
3. The exposed position of Pedro Branca renders it
subject to the full force of the N.E. Monsoon, and the heavy
swell which rolls in from that side, causes the waves to beat
over the Rock to the height of 15 feet above the level of high
Water Mark, whilst the spray rises therefrom to so great an
elevation as to make a structure of Granite set in Cement for a
facing with a backwork of Brick, imperatively necessary to the
security of its inmates and the permanency of the Light House.
203
I 204 I
·Plan encl in the
original requested to be
returned.
•copies encl vide
enclosure to Mr
Church's letter dated
the 30"' May 1848 No
93
·vide Mr rs fetter
above quoted.
4. Having satisfied myself on this point I directed that
indefatigable and valuable public Servant Mr Thomson to
prepare a Plan*, Specification and Estimate, for a Building of
the description proposed, which with this Gentleman's
observations* therein I beg to enclose for the favorable
consideration and sanction of the Right Honble the Governor
of Bengal in the hope that I may receive timely instructions, so
as to enable the Contractor to send to China for Stone
Masons, and to make such other preparations as will ensure
this most important work to the safety of the mariner in these
Seas, being commenced upon, at the earliest practicable
period.
5. The Right Honble the Governor of Bengal will perceive
on reference to the enclosures· that the Estimate for the
Building alone amounts to Dollars 131 O 1. 78 or Cos As
29417: 13: 1 o being co nsid erab ly in excess of that previously
submitted for a Light House on Peak Rock, but when it is
remembered that the latter is only 28 Miles distance from
Singapore, whilst Pedra Branca is 40 Miles, and that the one is
within a quarter of a mile of the Main Land of Johore, and the
other in mid channel scarcely approachable at certain seasons
of the year, that the first structure was proposed to be wholly of
Brick and Chunam, and the one now with a facing of Granite in
Cement. I am persuaded the charges will be deemed most
moderate.
6. In a work of such vast importance, so far removed from
all resources, requiring such constant supervision, and
involving so much anxiety and responsibility, I am persuaded
that the remuneration solicited by Mr Thomson for himself viz
150 Rupees per mensem in addition to his salary of 350 As as
"Vide encl to Mr
Church's letter dated
301
h May 1848 No 93
"Vida Engr letter d/ 61
"
Jun 1848No113
·vide enclosure to Mr
Church's letter d/ 30
May. Plan of the Lt
Room & se11t in original
but a copy retaJned -
copy of Mr Thomson's
notes thereon sent and
the original retained.
Govt Surveyor, the general duties of which Office he
undertakes to perform also, making 500 Rupees per mensem
whilst employed on the Light House, will be cheerfully granted.
To this I think may fairly be added Table Allowance at the Rate
of 5 Rupees per Diem whilst on board the Steamer when
proceeding to and from Pedro Branca, the total amount to be
so drawn, during the period the Light House is under
construction being limited to 500 Rupees - an Overseer on
100 Rupees per Mensem will also be necessary. Mr Thomson
suggests in lieu of the latter an allowance of 50 Rupees to the
Commander of the Gunboat, but as this vessel and all the
limited marine resources of this Settlement will be required in
aid of this humane undertaking, I would prefer the former being
at once allowed.
7. The next point to be considered is the Light or Lantern
- to this subject I am aware Mr Thomson has also devoted
much study and incurred some little expense in procuring the
latest works treating thereon. I have therefore very great
confidence in recommending the revolving Light as proposed
by that Gentleman; but as the Light Room or Cupola, Lamp
Frame &ea will have to be constructed in England I would
respectfully suggest that the figure, whether Vertical with 3
faces of 8 Lights each as proposed by Mr Thomson* or
quadrilateral with 6 Lights as recommended by the
Superintending Engineer may be determined by the Party
entrusted with this particular Work which can be commissioned
from hence in receiving His Lordship's Authority or the needful
may be done at once from Bengal on the Documents· herewith
transmitted. Mr Thomson estimates the Light at £1,500 or
15,000 Rupees.
205
206
•see a letter from the
Chr. of Commerce d/y
191
h August 1846
8. In order that the Right Honble the Governor may have
at one view the several charges on account of the completion
of the Light House, I will here recapitulate them,
For building the House - Co. Rs 29,417-13-10
Superint-ct allowance at Rs 150 per 3,600- o- o
mensem for 2 years
Overseer allowance at 100 As per 2,400- o- o
mensem for 2 years
Cupola or Light Room with Lamps 15,000- o -0
complete
Company's Rupees 50,417-13-10
To meet this I have in the Treasury upon which I trust the
Government will be pleased to allow 5 per cent interest.
Through the extreme liberality of Messieurs Jardine Matheson
& Co. who have allowed Compound Interest on the Amount
collected by them in China in 1842,
the sum of Company's Rupees
From the Bombay* Chamber of
Commerce
15,858-3-4
4,299-0-9
'See a letter from.... From the Penang* ditto ditto
........ Penang d/ 18'h 404-3-6
July 1847
•vide letter from Mr
Church d/ 11 m .Dec
1847
•vide letter from Mr
Church di 9th March
1848
and from that most Philanthropic
Gentleman* Sir Charles Forbes, as
his individual donation the sum of
Company's Rupees
Total* Co.
Making a deficiency of funds in hand Co.
to meet the cont~mplated Expenses -
1,632-15-0
As 22, 194-6-7
As 28,223-7-3
'Pascoa
Heber
Henry Daridson
Gleneira
Stork
Venus
Mars
Parsee
9. Having submitted the whole of the enclosed Documents
to the Superintending Engineer Major Faber of the Madras
Engineer Corps I have much satisfaction in forwarding his
Report for the information of the Right Honourable the
Governor of Bengal and when I mention that no less than 8*
vessels have been lost in the vicinity of the entrance of the
China Seas for the want of some such Beacon, I am
persuaded that his Lordship will honer me with early orders to
commence on the Horsburgh Light House.
10. It only remains to notice the establishment, which I
concur with the Government Surveyor and Superintending
Engineer should consist of 3 Europeans and 3 Natives instead
of that formerly proposed. One of each to be allowed to reside
alternately one Month on shore. Provisions being furnished to
those on the Rock by the Commissariat Department in
Communication with the Master Attendant, under whose
supervision the Light House when completed will be pl;3.ced. -
The expense would be as follows,
Three Europeans each at 50 Rupees
per mensem Go's
Rations for two of the Europeans
each at 1 O As 2 Annas per mensem
Three Natives ea at 11 Rs per
mensem
Rations for two of Do each @ 3Rs 3A
per mensem
Oil wicks &ea
Making a total annual charge of
Company's Rupees
Rs 150-0-0
20-4-0
33-0-0
6-6-0
50-6-0
260-0-0
3, 120-0-0
207
208
Receipts As 6736-0-0
Expenses 3120-Q-Q
Surplus 3,616-0--0
11. Now allowing the Light House dues to be levied at the
Rate mentioned in the 3rd para of your letter dated the 22nd
December last No. 1066, viz 2 Dollars per.100 Tons on Square
rigged Vessels, and taking the number of Tons of shipping at
150-000, independent of Vessels proceeding to and from
China without touching at Singapore, as shown in the
Enclosure to my letter dated the 1 st October preceding, which
proposes to make payment once a ·vear compulsory on all
Square rigged Vessels, clearing out from this Port, without
touching the Native Craft, the amount realized annually at
Singapore would be 3,000 Dollars or Cos Rupees 6,736, which
after deducting the Annual Expenses would give a surplus of
3,616 Rs' in liquidation of the advance made by Government to
meet the above deficiency ln Funds for the construction of the
Light House, as ordered in the concluding Para of the
Despatch from the Honble the Court of Directors of the 15th
October 1845 received under cover of Mr Under Secretary
Young's letter dated the 101
h May 1847 No 426.
121h June 1848
I have &ea
Sig W. J. Butterworth
Governor
I 60Z]
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1 217 1
Annex 28
Letter from Seton Karr W. (Under Secretary to the
Government of Bengal) to Grey W. (Under Secretary to the
Government of India) dated 6 Oct 1848
Date : 6 Oct 1848
No.1363
From Under Secretary to the Govt. of Bengal
To
Sir,
The Under Secy. Govt. of India
Dated Fort William, 61
h October 1848
With reference to the letter from Mr Bushby dated 241
h April 1847 No 284
on the subject of the Horsburgh Light House, I am directed to forward copy of a
communication from the Governor of the Straits, with enclosures in original for
the consideration of the Supreme Government.
2. It will be remembered that the Court of Directors, after communication
with the Lords of the Admiralty, recommended that a duty should be levied on
ships as light house dues, at one rupee for every hundred tons of Shipping, and
it must also be borne in mind that the amount originally estimated as the cost of
the Light House, did not exceed 7000 Dollars of which the Sum of 5513 Dollars
was available from private Subscriptions raised in different quarters.
3. It will be observed that in his present report, Col1 Butterworth has
submitted an estimate which with the addition of a Cupola for the Light House,
and the extra allowance for the Superintendents of the work during the period of
two years, will rather exceed the sum of Rs 50,000.
4. To meet this the Governor of the Straits has only the Sum of Rs 22, 194-6-
7, ~:>r not quite one half of the estimated expense.
I 219 1
220
5. It would thus be necessary for the completion of this work, so long
delayed, but so urgently required for the preservation of our Shipping to advance
the requisite funds from the Revenues of India, and afteiwards seek repayments
from the Light House dues.
6. Under a Suggestion made by the late Deputy Governor, that these dues
be raised at the rate of two Dollars per hundred tons on Square rigged vessels,
Colonel Butterworth has submitted an estimate, which he calculates will leave an
excess of yearly receipts over expenditure to the amount of Rs 3,616, after
efficient provision has been made for the European and native Establishment of
the Light House. This or whatever Sum might remain in hand would of course
be devoted to the refund of advances made by Government for the erection of
the building.
7. The present question for the Supreme Gov1 would therefore seem to be
the propriety of advancing the Sum of Rs 28,223-7-3, to meet the expenses,
after the disbursement of that now in hand, and the enactment of a Law,
authorizing the levying of Light House dues on the scale submitted by Col1
Butteiworth, or on such other as may be deemed expedient.
8. But the Light House would not be constructed in less than two years from
the time of commencement and it is therefore to be considered, whether
supposing the act for the levy of dues to be passed, any tax could be levied
under its provisions while the Light house was yet incomplete, nor must it be
forgotten that possibly Colonel Butterworth's estimate might prove based on
erroneous statistics, and that to meet the requisite demands for current
expenditure as well as for the refund, it might actually be necessary to increase
or alter in some degree the Scale of dues now proposed.
9. Meanwhile it is obvious that the Light house cannot be completed without
assistance in the shape of an advance to the amount required by Col1
Butterworth, after the expenditure of the Sum now in his hands, and the attention
of the Supreme Government is therefore requested to the above points, in order
that while sanctioning the disbursement applied for, efficient precautions may be
taken to establish such a scale of duties as will guarantee Government against
loss.
I have the honer to be &ea
/Signed/ W. Seton Karr
Under Secy to the Gov1 of Bengal
221
No. 2
Home Department
Marine
From The Under Secy to the Gov
of Bengal
To The Under Secy to the Gov
Of India
DI 6 October 1848
Submitting copy of a communication from the Gov of the Straits Settlements .....
plans and Estimates for a proposed Light House on Pedra Branca and proposal
for the levy of Light House dues at Singapore.
,jr/J/j.-
. XL . ··:~ ~/rfkA~ ~- ~ ._:~J-oL··--_fjjJfj;ji4/:-<·:.:
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1 223 I
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Annex 29
Letter from Butterworth W.J. (Governor of Prince of Wales
Island, Singapore and Malacca) to The Chairman (Chamber of
Commerce at Singapore) dated 1 Mar.1849
Date
*di 10"' May
1847
amounting lo
Dollars 7,000
: 1 Mar 1849
No. 79
From
To
The Governor of P. W. Islands
Singapore and Malacca,
The Chairman of the Chamber of Commerce
at Singapore
Dated Singapore 151 March 1849
Sir
I have the honor to acknowledge the receipt of
your letter under this date, calling my attention to the
long delay which has occurred, in measures being taken
for the erection of the Horsburgh Light House, and
expressing the wish of the Chamber of Commerce for
some information on the subject.
2 I most gladly comply with the wishes of the
Chamber of Commerce on this subject, and proceed to
detail the steps that have been taken, towards the
construction of the Horsburgh Light House, since I had
last the honer of addressing the Chamber of Commerce
under date the 11 th of June 1847 No. 91.
3 I therein intimated to the Chamber that the
Hon'ble the Court of Directors had been pleased to
sanction the Plan and Estimate* for a Light House
228
•dJ 2011, Nov'
1844
of Masonry, prepared by Mr. Thomson* for erection on
Peak Rock the Outer Romania Island, submitted to a
deputation from the Chamber of Commerce in
December 1845, but subsequent to the preparation of
the above Plan and Estimate, it was determined to erect
the Light House on Pedro Branca, and Mr. Thomson did
not consider, that the work could be undertaken without
more accurate information of the extent to which the
Rock was exposed to the Waves and Spray of the Sea
during the N.E. Monsoon.
4 In accordance with Mr. Thomson's wishes, I
despatched the Steamer with that Gentlemen to Pedra
Branca, and he erected the necessary number of Brick
Pillars* on the Rock to obtain the required information
when it was discovered* that the waves beat on the
Rock to the height of 15 feet above the level of high
water mark whilst the Spray rose therefrom, to so great
an elevation, as to render a structure of Granite set in
cement for a facing with a backwork of bricks
imperatively necessary to the security of its inmates,
and the permanency of the Light House.
This Point having been ascertained I directed
Mr. Thomson to prepare a Plan and Estimate for a
building of the description proposed, which duty was
readily enacted* by that zealous and indefatigable
Officer, and approved* of by Major C.E. Faber, the
Superintending Engineer whose acknowledged service,
and valuable assistance throughout, has been
•in October 1847
'in March 1848
~in May 1848
*in June 1848
unobtrusively afforded to the above Gentleman.
The revised Estimate submitted by Mr. Thomson with the
allowance demanded for himself, and his assistants, in
addition to the gratuitous aid of the Hon'ble Company's
Steamer, and Gun Boats was as follows:
For building the House
Superintd Allowce at Rs 150 per
mensem for two years
Overseer Allowce at 100 Rupees per
mensem for two years
Cupola or Light Room with Lamps
Complete
C's Rs
C's Rs
" "
Company's Rs
29.417-13-10
3,600-0-0
2,400-0-0
15,000-0-0
50,417-13-10
...... which I have in the Treasury, exclusive of interest
thereon, from the date which it was paid to Government
through the extreme liberality of Messrs Jardine,
Matheson & Co., who have allowed compound Interest
on the amount collected by them in China in 1842, the
sum of
C'sRs.
From the Bombay Chamber of
Commerce
From the Penang Do Do
And from that most philanthropic Gentm
Sir Ch5 Forbes as his individual donation
the sum of C's Rupees
showing a deficiency of funds in hand
to meet the contemplated expense of
15,858-3-4
4,299-0-9
404-3-6
1632-15-0
22,194-6-7
28,228-7- 3
229
I 230 1
*June 1848 which I forthwith solicited Government* to advance, and
under date the 26th August 1848, I received a reply to
say that the whole question of the Light House at Pedro
Branca was about to be submitted to the Supreme
Government but as this involves the levy of Light House
dues I conclude that the subject would have to be again
laid before the Hon'ble the Court of Directors for their
final Orders which I am earnestly and anxiously
expecting.
7 It will afford me much satisfaction, to lay before
you, or a deputation from the Chamber of Commerce,
the whole of the Correspondence that has passed on the
subject of the construction of a Light House on Pedro
Branca if you, or they will do me the favor to attend at my
Office, for that purpose, ·at any hour that may be
convenient to you, or to the dep'utation.
1 st March 1849
I have the honour to be,
Sir,
Your Most Obedt Servant
(Signed) W.J. Butterworth,
Governor.
231
232
233
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~ .... ,d//uN.Lbo/~d~f'h~-:;te£if~/~~''f.~ ·0,.. 4~~~-r;:,~~· 7?7' o-d~/~~~p,,7;) /tr~~ ~ &£~~~ :~;~
~ 0n l'A'. ev, ~ /v-:t-&-. ~ d!v &,;.-_r?'-ed/,../,J-J~: ~~-~· 41#..,~~~!.
t?-u- ,M,-:i:1~7£d J du e,-,,.~~-£~-..:;J ~ bc..-2.;P~~. ,·,/~i~'. . ' ~. . ·" ,i/,;f,'v- ,J ~~ #·····~-;;__;_. ,,~·- =,::;:; 6ff_::.;z-=z;~if~~~It-;, _
On '7 £__ tfl,,~ :4-y~:;_t;:f :Jt;:,~~ (! 1 ·
.. /If . d4£) . \.>; . if
L/'tf.u,,z_ .w'UJu~flt~ ·\,
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Annex 30
Letter from the Governor General of India in Council to the
Court of Directors of the East India Company
dated 3 Mar 1849
Date : 3 Mar 1849
Copy Marine Letter from the Gov1 of India dated 3rd March 1849, No 3
With reference to your Despatch No 1 dated the 241
h February 1847, we
have the honer to transmit the accompanying further correspondence relative to
the erection of the Horsburgh Light House, and to the proposed levy at
Singapore of a duty on shipping, in order to provide for the maintenance of the
Building and the necessary Establishment as well as for the reimbursement of
whatever sum the Gov1 might be called upon to advance for the undertaking.
2. Your Hon'ble Court will remember that the original cost of this Building,
to be composed of a granite base with a superstructure of masonry, was
estimated at 7000 Dollars or Rs 15,750. This estimate however was made on the
assumption that the Light House would be erected on Peak Rock near the Outer
Romania Island, but subsequently in consequence of a communication from the
Admiralty, forwarded to this Gov1 with Your Honble Court's Despatch of 61
h May.
1846, Pedra Branca was determined on as the Site most eligible in all respects
for a Light House; and Lieut. Col1 Butterworth the Governor of the Straits
Settlements, now reports that by experiments which have been made, and which
are detailed in the accompanying papers, lt has been fully established that for a
Light House on Pedra Branca, it is absolutely necessary that the entire facing of
the structure should be of granite set in cement with a back work of masonry.
The cost of such a building is estimated by Mr. Thomson the Gov1 Surveyor at
Rs 29,417 and this estimate even has been made in "the anticipation that the
work will be given to a Chinese Contractor, as that class are the only people that
could undertake such a work under any limited sum". Mr. Thomson cannot
himself, he says, on the system of daily labor, promise it's being done for double
the amount estimated: but he has every reason to think that under all ordinary
circumstances, the actual cost in the hands of a Chinese Contractor, will not
exceed the sum estimated; at the same time he remarks that a work of the kind
235
236
"cannot be calculated with the same prec1s1on as an Ordinary Building in
.Singapore Town". Beyond the sum of As 29,417 for the bare building, it appears
that during the estimated period of the work, which is 2 years, it is proposed that
there shall be an Overseer on 100 a [DO nth, and that Mr. Thomson, as a general
Superintendent shall receive 150 Rupees a month and 5 Rupees a day Table
Money when proceeding from Singapore and back in the steamer, the entire
charge on this account however not to exceed 500 Rupees during the whole
period. It is likewise proposed to employ very extensively the Gov1 Steamer and
Gun Boats for the carriage of materials and workmen; the Crews of the Steamer
and Boats are to be employed on a certain part of the work, and 8 Convicts are
to be employed at Singapore in making the Cement.
3. The total estimated cost therefore of the proposed building is,
Estimate 29,417
Mr. Thomson's allowance of 150 Rs a month for
2 years 3,600
- Do - Do - of 5 Rs a day Table money 500
Overseer's allowance of 100 a month for 2 years --~2,40~0
Add estimated cost of Lantern
Rs
exclusive of the use of Gov1 Steamer, Gun Boats, &ea.
35,917
15,000
50,917
4. The expense of the Establishment now proposed is also slightly
increased from Rs 2856 to Rs 3120 per annum.
5. Lieut.' Colonel Butterworth reports that he has in hand Rs 22194, leaving
Rs 28,723 to be provided for.
6. To meet this deficiency and also to provide for the current expenditure,
Lieut.1 Colonel Butterworth proposes a levy of 2 Dollars per 100 Tons of
Shipping, which he calculates would yield annually Rs 6736 thus leaving after
payment of the establishment, Rs 3616 to go towards the gradual repayment of
the sum which it is hoped that the Gov1 will advance to enable this work to be
carried out.
7. The data upon which Lieut.t Colonel Butterworth has calculated the
receipts from a levy of 2 Dollars per 100 Tons are as follows.
In 1846/47 there cleared out of Singapore 797 square rigged vessels
comprising 2,31,812 Tons he proposes that all ships should pay the duty without
reference to their destination, as any distinction of that kind might lead to
attempts at evading the levy, and to consequent litigation; but, as many of the
vessels trading to short distances come backwards and forwards to Singapore 4
or 5 times in the year, he would not make any ship pay duty more than twice in
one year; and this he estimates would have reduced the chargeable tonnage of
1 846/ 4 7 to about 1 , 50, OOO yielding at 2 Dollars per 1 00 Tons 3000 Dollars or
6736 Rs. Lieut.' Colonel Butterworth has not reckoned upon anything from a duty
to be levied at the Ports of India on vessels clearing out for China or other places
to the Eastward of Singapore, as proposed by Your Honble Court in Despatch
No. 6 dated 15th October 1845, as he states that nearly all vessels trading
between India and China touch at Singapore both going and coming.
8. It would not seem from the above that Lieut.1 Colonel Butterworth has
overrated the amount likely to be realized, and the main question for
consideration therefore is whether Your Honble Court are disposed to sanction
the levy of so large a duty as Rs 4.8 per 100 Tons instead of 1 Rupee, the
amount authorized in Your Honble Court's Despatch quoted above. We see little
reason to doubt that the levy of a duty at the higher rate will be found amply
sufficient to reimburse the Gov1 for the advance which is required to be made,
but there is certainly a risk that the amount now ask for, may after all be found
inadequate to complete the work.
237
1 23a I
9. A question, it will be observed, is raised by the Gov1 of Bengal as to the
time from which the law should authorize the levy of the duty, whether
immediately or from the opening of the Light House.
10. We submit the whole subject anew for the consideration and orders of
Your Honorable Court.
T.H Maddock
J.H Littler
J. Lewis
1 239 1
12401
F/4/1-'>tb.
[ 241 [
1 242 1
1 244 I
·. .- ./' .·· ,,,, .. · • .. ·;·
F / 4 / ¥-.? '6 _ _
Volume 2 (Annexes 1-30)