Joseph Bailey to Illustrious Sir, June 10, 1871

Mr. Bailey to Mr. Davis.

Sir: Referring to my dispatch No. 36, I have the honor to transmit herewith the closing correspondence between his excellency the governor of Macao and myself touching the coolie-ship Dolores Ugarte.

I also inclose the statements taken in this colony, of some of the survivors, coolies, and crew, concerning the catastrophe.

Notwithstanding the fact that the crew of the ship landed at Macao a few hours after the disaster, and remained there for several days, nothing whatever appears to have been done toward investigating the cause of the burning of the vessel. This strange inertness concerning so terrible an affair can be explained on the hypothesis that silence is a mantle best fitted to hide a “barbarism” that, publicity might expose. Although a number of the surviving coolies, and some of the crew, have come to this colony, the officials here seem averse to take public action in the matter, though singularly enough a secret investigation has been had before one of the magistrates; for what purpose, and with what results, I am unable to accurately state; I presume, however, with a view to ascertain whether the facts would authorize the colonial government to order a public inquiry.

On learning that some of the crew had arrived here, and fearing that the matter would be allowed to sink into oblivion, I at once secured their attendance at my consulate to give evidence concerning the deplorable event. You will find their evidence among the inclosures herewith, marked, Nos. 3½, 4, 5, 6 and 7.

You will observe by the statements, both of the coolies and crew, that although they do not agree as to how the ship was fired, yet they do remarkably concur in stating facts and conditions that leave no reasonable doubt that this is verily the slave trade, and that the Dolores Ugarte was a slave-ship engaged in carrying slaves in contravention and defiance of the slave-trade treaties. One of the witnesses, Albert Herker, one of the crew, sums the whole matter in a nut-shell, when he says, in substance, that the captain had seven coolies on board that he had bought on private speculation. This pregnant statement is confirmed by other witnesses.

Having now stated the facts in this grave case, I submit the whole matter to the Department, hoping that what I have done will meet the approval of the President.

I have, &c.,

Inclosures.

Henrique de Castro’s letter translation to D. H. Bailey; Henrique de Castro’s letter, in Portuguese, to D. H. Bailey; D.H. Bailey’s letter to Henrique de Castro; statements Nos. 3½, 4, 5, 6 and 7, of coolies and crew.

Secretariat of the Government of Macao and Timor.

Sir: Your official letter No. 23 of the 1st instant has been laid before the governor, and I am directed to reply to it as follows:

Whenever questions affecting the lofty interests of humanity, as does the coolie emigration, are raised, you, or any other person, will find his excellency the governor most sincerely desirous of giving ear to every representation that may he made him, especially when such questions are in themselves of a serious nature, as happens in the present case, and therefore your letter demands the greatest attention.

His excellency is not ignorant of the fact that questions of an international character are not generally dealt with as are the ordinary proceedings in our tribunals, but it is no doubt that when such questions turn upon questions of fact, upon which it is sought to raise a distinct claim, it is not possible to get on without proofs clear and conclusive.

But that your excellency may be fully convinced of the scrupulous care of his excellency in this matter of the emigration, it is sufficient to say that he has by formal act prohibited emigration in ships of nations which have no treaty with China, including in this prohibition the republic of San Salvador, not only because that nation has no vessels of war to watch over the doings of its mercantile marine, and has no treaty with China, but also because of the facts which his excellency finds narrated in the public prints relative to the Dolores Ugarte, although in the certificates granted by the Portuguese consul in Peru nothing appears with regard to the barbarous proceedings said to have taken place on board the said ship on her last voyage, and his excellency, in his official acts, ought not, in strictness, to act on allegations contained in the public journals, however great his esteem for the noble institution of the press.

His excellency’s request, therefore, to be furnished by your excellency with some documents or proofs which might serve as a foundation for a commission of inquiry, and throw light on the affair, was made with a view to his being able to exercise his authority as governor in the only way in which he can legally do so, by demanding the punishment of every individual who should become guilty or accessory to like acts of barbarity, when duly proved.

From the inquiries which his excellency has ordered to be made, he finds himself fully informed that neither the captain, pilot, nor any individual of the crew are now on board the Dolores Ugarte, and, further, that the Captain Saul remained in Callao, and the crew was entirely engaged at Hong-Kong, as your excellency can easily verify, even if unwilling to give the proper degree of credit to the certificate of the Peruvian consul in this city, and to the official reports of our captain of the port; and this being so, and the vessel having changed her flag, his excellency cannot, except by an act of the most unqualified despotism, prohibit her sailing, without seeking to attribute to the material vessel herself the acts which your excellency asserts to have been practiced on board, which would be absurd.

Therefore his excellency has confined himself within the limits of his authority, in expressly prohibiting any vessel to load coolies on board which shall be found, as captain or pilot, those who held the same posts on the former voyage of the Dolores Ugarte, these persons being the principals responsible for the acts said to have been done on board that ship.

As to the right of this government to permit Chinese emigration from this port, it appears to his excellency to be indisputable, as in the face of treaties the contrary cannot be maintained, nor is there any special law which so determines; and his excellency regrets deeply that your excellency should have incidentally referred to the slave treaties, as if seeking to connect with such the Chinese emigration from this port.

From the Boletuns officials, which I have had the honor of sending you, your excellency will perceive that the embarkation of coolies under the San Salvadorian flag has been prohibited, and you will see equally the proceedings of his excellency relative to the captain and pilot of the ship Dolores Ugarte, if perchance the said individuals should return to this port, but as against the (keel of the) said ship, now under another flag, and having no person on board of the former crew, there is no law, in virtue of which his excellency can, nor does he consider himself authorized in any way to take proceedings. As to that part of the correspondence which relates to the ship Nouvelle Penelope, in which your excellency appears to give credit to what was put forward in the courts at Hong-Kong, to the effect that the coolies had been kidnapped by the captain, embarked by force, escorted by armed soldiers of the military force of this colony, without having been examined in the superintendence of emigration in conformity with the laws in force, &c., &c., his excellency has no hesitation in formally, in his official character, contradicting existence of such facts.

On conclusion, I am further directed to signify to your excellency how much pleasure it will give his excellency, if at any time your excellency will come and verify the official proceedings had in this colony to secure the liberty of the emigrants, and be present at the embarkation, and his excellency is sure that your excellency, with the impartiality which characterizes you, will judge of this business differently from what now you appear to think, and that your mistrust will be entirely removed.

God guard your excellency.