Go to January 25, 1855 article in the Oriental

Go to year 1855 of Frederick Bee History Project

The Oriental
Or, Tung-Ngai San-Luk
Rev. William Speer, Editor
San Francisco
Thursday Morning, March 1, 1855
The Chinese Companies
Their Internal Order
An association of Americans, for commercial, political, literary or benevolent purposes, generally establishes its rules, or by-laws, for the government of its members. A military company, a society in a college, or a temperance or odd-fellow's lodge, have each their appropriate laws and penalties. So with a train of immigrations crossing the plains to Oregon and California, or a party of miners upon a remote prospecting expedition. These rules are established for the ends of mutual assistance, the promotion of order, and the punishment of the unruly. Yet it is understood that in all of them the laws of the country are acknowledged to be fundamental. What may be constituted by any association are but supplementary to the common laws, for purposes which they could not teach or particularize.
The Chinese companies in California are voluntary associations established upon the same principles, to a considerable extent. The Chinese find themselves here a race of strangers, more completely so than any other people. The companies have several objects.
First. They afford convenience for lodging, the storage of baggage, and a head-quarters for friends and acquaintances from the same locality; just as if the citizens of Massachusetts, New York, Pennsylvania, or Louisiana, had separate club-houses in San Francisco, which were places of general rendezvous for the people of those states. These companies are a great saving of expense and trouble to the Chinese, and are a remarkable illustration of their practical wisdom. .
Second. They can thus make provision for the care of their sick, and the burial of their dead. .
Third. Great facilities are afforded for the collection of debts. Accounts are sent, if there be any doubt about their payment, to the agents of San Francisco. Here the people are constantly going and coming; debtors can be more easily reached; their circumstances are known; if they refuse to pay, complaint is made to our courts of law, they are arrested, and the claim obtained. .
Fourth. Disputes between miners and others can be settled without the expense, delay and trouble, of a resort to our courts of law. A friendly arbitration is held before a meeting of their company, or before the five companies, where the case is more difficult, or where persons of different districts are involved. The proceedings on these occasions are generally calm, judicious, and satisfactory to the disputants. In former days, encouraged by the examples of lynching among our own people, the companies sometimes took the law in their own hands so far as to inflict corporal punishment upon offenders in their houses, but such practices are now disclaimed by them. The days of Norman Assing are past; offenders are handed over by them to our courts, in cases which their counsels cannot adjust. Thus far these associations have been of great benefit to the Chinese. They are entirely democratic in their nature. Without them our State could not have been so exempt from Chinese crime, beggary, and strifes. Yet on the other hand there are some weighty objections to them, and when our population shall have become more settled and orderly, it is probable that the complete Americanization of the Chinese residents may be promoted by their dissolution. .
Fifth. It need scarcely be remarked to any one who read the accounts of the companies, which we have carefully prepared from original documents, that their whole economy is social, and not commercial, in its character. We do sincerely hope that the statements given, on as good authority as can be obtained, will hush the groundless claims about the importation of coolies, their working the mines for the benefit of wealthy capitalists, and their power over their countrymen. These clubs have no such objects in view. .
In order to place the whole subject of the nature of these companies in the clearest and most satisfactory light, we have obtained from one of them a copy of a constitution which was lately drawn up. The others have no documents so full and explicit as this; which has been lithographed and distributed among its members in the mines. We give the general substance, and often the exact translation of the paper. .
New Rules of the Yeung-Wo Ui-Kin.
Since it is necessary for the government of the people and the promotion of the common good that rules should be drawn up, we members of the Yeung-wo Company now dwelling in a foreign country have established the following. As successive emigrations have become less substantial in their character, and troubles have sprung up like thorns, we deem it necessary to draw up those which formerly existed in a general form in a new and definite shape, and to publish them to all men. They are in conformity with the customs of the foreign country in which we are sojourning. We trust they may be exactly observed, by common consent. They are drawn up in the following order on a prosperous day day in the ninth moon of the year Kup-inth moon of the year Kup-yan (1854).
General Regulations
People of the three districts of Heung-shan, Tung-yuen and Tsang-shing are required to report themselves at the company's room- otherwise the company will exercise no care for them in their concerns. The entrance fee shall be ten dollars; if not paid within six months interest will be expected. These fees may be paid to collectors sent for the purpose into the Northern and Southern Mines, in the fourth and tenth month of each year. No fees will be required from those proved to be invalids, or transient persons . – Receipts for payment of fees must be entered on the books, and bear the company's seal. Disputes will not be settled between persons who have not paid the entrance fee. Members purposing to return to China must make the fact known to the agents, when their accounts will be examined and measures will be taken to protect it if the entrance fee or other debts remain unpaid. Strangers to the agents of the company must obtain security who will be responsible for their character and debts. Members leaving clandestinely shall be liable to a fine of fifty dollars; and the security for a debt for helping him thus to abscond shall be fined one hundred dollars.
In the company's house there must be no concealment of stolen goods, -no strangers brought to lodge, - no gunpowder or other combustible material, - no gambling, - no drunkenness, - no cooking (except in the proper quarters), - no burning of sacrificial papers, - no accumulation of baggage, - no filth, - no bathing, - no filching oil, - no heaps of rags and trash, - no wrangling and noise, - no injury of the property of the company, no goods belonging to thieves, no slops of victuals. For the heavier of these offenses complaint shall be made to the police of the city, for the lighter, persons shall be expelled from the company. Baggage not allowed to remain longer than three years, when it must be removed; no more than one chest to each person. Invalids that cannot labor, are poor and without relatives, may be returned to China at the expense of the company for their passage money; but provisions and fuel and other expenses must be obtained by contributions. Coffins may be furnished for the poor, but of such a careful record shall be kept.
Quarrels and troubles about claims in the mines should be referred to the company, where they shall be duly considered. If any should refuse or abide by the decision of the company, it will nevertheless assist the injured and defend them from violence. If when foreigners do injury - a complaint is made, and the company exerts itself to have justice done without avail, it ought to be submitted to. Whenever is referred for settlement to the assembly of the five companies conjointly, cannot again be brought before the company alone.
Where a man is killed, a reward shall be offered by the company for the apprehension and trial, the money being paid only when he has been seized; the members of the company shall subscribe each according to what is just. If more than the anticipated amount is required, the relatives of the deceased shall make up the deficiency. Complaint shall be made of offenders to the court, and proclamations for their arrest shall be placarded in principal towns; but any one found guilty of concealing them, shall pay all the expenses to which the company has been put. Difficulty with members of other companies shall be reported to the agents of company, and if justice demand shall be referred for the judgment of the five companies conjointly. Offenses committed upon shipboard, on the seas, shall be referred to the five companies, conjointly. Difficulties brought upon men by their own vices and follies will not be cared for. Thievery and receiving stolen goods will not be protected; no will troubles in bawdy business; nor those in gambling houses; nor debts to such; nor extortions of secret associations; nor the quarrels of such associations; nor those who are injured in consequence of refusal to pay their licenses; nor smuggling; nor any violation of American laws. The company will not consider complaints from a distance by letter, of a doubtful character, or without sufficient proof. No reply will be made to anonymous letters, or those without date and a specification of the true origin and nature of difficulties. Names must be carefully given in all complaints from the interior. No payments of money will be made in the settlement of cases where the rules of the company are not complied with. Where the conduct of an individual is such as to bring disgrace on the company and upon his countrymen, he shall be expelled, and a notice to that effect be placarded in each of the five companies' houses; nor will the company be responsible for any of his subsequent villainies, or even make any investigation should he meet with any violent death. Costs connected with the settlement of disputes shall be borne by the one decided to be in the wrong. In difficulties of a pressing and important character in the mines a messenger shall be sent thence, and a judicious person shall at once accompany him to the place. In any quarrel where men are killed or wounded, the person who originated it shall be held accountable. Any defensive weapons belonging to the company shall be given to individuals only after joint consultation, and the register of their names. Those requiring such weapons for defense shall give security for their return. If any shall take them on their own responsibility they shall be held accountable for any consequences. Any one using the seal or addressing a letter in behalf of the company, unauthorized, shall be severely censured if the matter be unimportant; if a serious offense, he shall be handed over to the court of law. The parties and witnesses in cases shall be examined under oath. Representatives from the people of different counties and townships shall be notified by the agents of the company of the time of any meeting and when assembled they shall not leave till the business is dispatched. Notices of meetings upon urgent business shall be marked with words "urgent case;" the representatives as informed shall be fined ten dollars if not present within an hour of the time. In arbitrations, the agents of the company, the representatives, and the witnesses, shall all be put on oath.
COLLECTION OF DEBTS
Claims for debts, to avoid mistakes, must particularize the true name, surname, town, and department of the debtor. The agent of the company shall give the claimant a b ill of the debt, which will be received again when the money is paid. No claim can be presented of less than ten dollars. Claims presented through the company must, when afterwards paid, be receipted by the company; else the debtor will not be allowed to return to China. Persons making false claims against an individual shall recompense him for any expenses in which he shall be put to consequence thereof. Accounts must be acknowledged by the debtor to be correct, before collection. A person appointed as collector for another must endorse the account. A credit in returning to China must name an agent who will receive the payment of any claims made by him. Accounts sent from China for collection shall be admitted by the company. The agent will not pay over collections except upon the presentation of the bill of acknowledgement he has previously given. Part payments must bear the receipt of the company. In cause of disputes about debt, the debtor may return to China if the representative of his district is willing to become his security. Debtors shall not be hindered returning to China on their pleading poverty, or chronic sickness. In losses occasioned by oversight of the agent, he shall be held responsible for the amount, unless he declares them upon oath to have been unintentional. Claims for debt, if unpaid, must be again put on record at the expiration of three years. Claims presented by a member of another company shall be certified by the agent of that company, and when recorded shall be subject to a fee of twenty-five cents.
DUTIES OF OFFICERS
The company shall elect three agents; one to attend to the internal affairs, one to business with Americans; and one as treasurer; and these shall mutually assist one another. A faithful servant shall be hired as a house-servant and porter. These shall be also elected a committee of four, as counselors, who shall receive five dollars month for tea-money. The monthly account of the company shall be counted till the last Sunday of the month, on which day the committee shall audit, and publish them by a placard. The treasurer shall never retain more than four hundred dollars in his own hands at one time, and his deposits in the treasury and payments from it shall be under the supervision of the committee of four. The treasury shall four different locks, and each of the committee one key. The treasurer must always be present when money is taken out. Should the committee employ collectors who have not been duly elected by the company, they shall be held responsible for them. The account of the company shall be closed with each month, that there be no private or wasteful employment of its funds, and in cases of fraud, a meeting shall be called and the offender expelled. When inadvertent mistakes are made in accounts, the committee shall state them to be on oath, and the correction shall then be entered. Agents or committee men whose accounts are not clear shall be censured. None but the agents shall have common access to the account books. Payments in behalf of the company shall when made at their house, be endorsed by the committee, but in the interior they may be made by the agent alone. The office of the agents shall be kept open daily from eight o'clock in the morning till five in the afternoon. The doors shall be closed at New-years for three days. Agents shall not use offensive language against each other; but any differences shall be settled by a meeting of the company. If lodgers at the company's house do not comply with the regulations and respect the authority of the agents, they shall be expelled by a meeting of the company. Agents who are remiss in attending at the office shall be mulcted to twice the amount of their salary for the time lost.