AGY-2566 | Royal Commission of Enquiry into certain cases of Alleged Kidnapping of Natives of the Loyalty Islands, in the years 1865 - 1868; and the state and probable results of Polynesian Immigration.

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The Governor of New Caledonia Admiral Guillain made allegations in a dispatch to the French Government claiming vessels based in Sydney and Melbourne were landing in the Loyalty Group and other Islands under French rule and embarking Pacific Islanders for the purposes of forced labour in Australia. He alleged that such landings were often made without the consent of the French authorities, and that Islanders were embarking under false pretences and often against their will. Governor Guillain also claimed the cases of those who had escaped or returned home after a period of work usually reported maltreatment. He reported the location, dates and the names of vessels (where known) involved in these violations, and the names of their Masters (1). This report was handed to the British Government by the French Ambassador. In a dispatch dated 15 March 1869, the Secretary of State for the Colonies requested that regarding the alleged kidnappings the Governor of New South Wales would "cause inquiries to be made into the cases brought forward by the Governor of New Caledonia, and report the result of such enquiries" (2). The Secretary of State also commented upon the claims of violations by English vessels of French sovereignty in the Loyalty Islands by stating, "I need hardly observe to you that it is the duty of the Colonial Government to discourage all such violations of a friendly State, so far as opportunities extend" (3). Pacific Islanders, referred to collectively at that time as "Polynesians" or "Kanakas", were hired to harvest cotton and sugar in northern New South Wales, Queensland, Samoa and Fiji. The Polynesian Labourers Act of 1868 was passed in the Colony of Queensland to regulate the hiring of Pacific Islanders by licensing their labour to eliminate the practice of "blackbirding", the recruitment of immigrant labour via fraudulent means (4). The issues of blackbirding, Pacific Islander labour and their treatment received much attention in the press and in Parliament during this time particularly following various incidents. In April 1869 Captain George Palmer commanding H.M.S. "Rosario" seized the schooner "Daphne" enroute to Fiji. Aboard were Banks Islanders intended for labouring, many of whom were unlicensed, provided by the notorious labour recruiter Henry Ross Lewin. Captain John Daggett of the "Daphne" was brought before the Vice-Admiralty Court under the charge of slave trading (5). In May of that year crewmembers of the "Young Australian" were before the Central Criminal Court charged with the murders of Polynesian labourers whilst aboard their vessel (6). It was in this environment that the Royal Commission was appointed by the Colonial Secretary on Tuesday 6 July 1869 (7). The terms of reference for the Commission were: "to enquire into and report on certain cases of alleged kidnapping of natives of the Loyalty Islands, in the years 1865-1868, which have been reported to the Home Government by the French Ambassador; and generally to enquire into and report on the state and probable results of Polynesian Immigration" (8). The Royal Commission was constituted upon application of Letters made Patent, registered 7 July 1869 and included the following the Commissioners: a) Samuel Bennett; b) William Bede Dalley; c) John Fairfax; d) The Reverend John Dunmore Lang, D.D., M.L.A.; e) Francis Mitchell; f) Jacob Levi Montefiore; g) Thomas Sutcliffe Mort; h) Christopher Rolleston (President); i) Charles Smith (9). The Commission commenced interviews on 19 July 1869 and heard evidence from 36 witnesses. Those interviewed included ministers of religion connected with missionary societies active in the Pacific region; ship’s captains and owners of vessels trading in the South Seas, including those engaged in transporting immigrant labourers; those with interests in sugar and cotton cultivation in Queensland; observers of the immigrant labour system; and labourers recruited from various Pacific Islands (10). The Commission presented its findings on 27 September 1869. The Report stated that while the allegations made by Governor Guillain were given the earliest possible attention and respectful consideration by the Commission, difficulties were encountered answering them. "Great difficulty attended this branch of the inquiry, from the vagueness of some of the charges, the acknowledged ignorance with reference to the names of vessels said to have been engaged in the illicit traffic, and the absence from the Colony of the captains of the ships whose names are mentioned as having surreptitiously or forcibly removed natives of the Loyalty Islands" (11). The Commission did state that "the charge of kidnapping natives of the Loyalty Islands, in the sense of a stealthy or forcible abduction of them from their homes, is not supported by the testimony of the witnesses examined" but it was admitted, "the consent of the French authorities was not sought for" as ignorance of this requirement was claimed by certain witnesses (12). One witness, a traveller who had been aboard a vessel named by Governor Guillain, claimed the Islanders fully understood the terms of their engagement of labour and readily pressed to leave their homeland as "they disliked the rule of the French very much, and would do anything to get on board English vessels" due to the "compulsory work extracted from them by the French Government" (13). Regarding charges of alleged kidnapping or recruiting of Pacific Islander labour by fraudulent means the Commission found that, "With respect to the charges of Governor Guillain, ...the evidence taken affords no grounds for supposing that the obtaining of these islanders has been attended either with force, fraud, or deception" (14). Regarding the question of the state and probable results of Pacific Islander Immigration the Commission admitted there was conflict of opinion. While it was claimed that the imported labourers seemed to be contented and well looked after, "it is very probable that in some cases the islanders have left their homes under a false impression of the nature of the engagement entered into," becoming dissatisfied when their term of employment was lengthened as, "that extension may not have been fully understood" (15). Opinion was also divided about the impact upon the Pacific Islanders themselves. Some witnesses claimed this immigration was injurious upon the moral character of the Islanders as "the kind of work they have to do does not allow them time to cultivate their minds" and "as a rule, they bring back the bad habits of Europeans" (16). Others disputed this by stating, "I am not aware that they imitate the vices of Europeans" and "I hail with some pleasure the fact ...that the employment of Polynesians in Queensland may be of some benefit to themselves" (17). It was reported that certain employers may have committed injustices against the immigrant labourers but the Commission claimed such evidence was insubstantial to pronounce a considered opinion. However it did state that such oppression "cannot be wholly prevented, even in the case of European servants" (18). The Commission did recommend the active supervision of vessels transporting immigrant labour "in order to prevent evils which would reflect discredit on the British name" which had characterised the "Daphne" and "Young Australian" cases (19). In summing up the Commission stated, "On a review of the whole question, the Commissioners think it is possible that, under proper regulations, Polynesian labour may be introduced into Queensland with manifest advantages to the sugar and cotton-growing interests of that Colony" (20). The Commission (minus William Bede Dalley) submitted its Report to The Queen's Most Excellent Majesty, Victoria, on 27 September, 1869 (21). FOOTNOTES (1) Letter by Prince de la Tour D’Auvergne to Monsieur le Comte, Lord Stanley dated 10 January 1869, with enclosures from the Governor of New Caledonia to the Minister of Marine, in Report of the Royal Commission "Certain Alleged Cases of Kidnapping of Natives of the Loyalty Islands, &c.;" Sydney, 27 September 1869, pp. 9-11. (SRNSW ref: 4/774) (2) The Secretary of State for the Colonies to the Governor the Earl of Belmore, Dispatch No.27 dated 15 March, 1869, in Report of the Royal Commission "Certain Alleged Cases of Kidnapping of Natives of the Loyalty Islands, &c.;" Sydney, 27 September 1869, p. 9. (SRNSW ref: 4/774) (3) ibid. (4) Working Class General Info Website, PPE - General Encyclopedia, "Blackbirding", http://hammer.prohosting.com/~penz/encycl/b3encyc.htm (5) Report of the proceedings in the Vice-Admiralty Court in re "Daphne", in Report of the Royal Commission "Certain Alleged Cases of Kidnapping of Natives of the Loyalty Islands, &c.;" Sydney, 27 September 1869, pp. 82-90. (SRNSW ref: 4/774) (6) Report of proceedings in Central Criminal Court in the case of A.R.Hovell and Fangi, in Report of the Royal Commission "Certain Alleged Cases of Kidnapping of Natives of the Loyalty Islands, &c.;" Sydney, 27 September 1869, pp.79-81. (SRNSW ref: 4/774) (7) NSW Government Gazette, 6 July 1869, p 1695. (8) ibid. (9) Commission of Letters made Patent, registered 7 July 1869, in Report of the Royal Commission "Certain Alleged Cases of Kidnapping of Natives of the Loyalty Islands, &c.;" Sydney, 27 September 1869, p 3. (SRNSW ref: 4/774) (10) Report of the Royal Commission "Certain Alleged Cases of Kidnapping of Natives of the Loyalty Islands, &c.;" Sydney, 27 September 1869, point 1, p. 5. (SRNSW ref: 4/774) (11) ibid., point 2, p. 5. (12) ibid., point 6, p. 6. (13) ibid., point 6, pp. 6,7. (14) ibid., point 7, p. 7. (15) ibid., point 8, p. 7. (16) ibid. (17) ibid. (18) ibid., point 9, p. 8. (19) ibid., point 10, p. 8. (20) ibid., point 11, p. 8. (21) ibid., p. 8.