1842 ELECTIONS FOR THE MACAO SENATE AND THE HOMENS BONS ['GOOD MEN'] OF THE TERRITORY

"A special Law of this Establishment lays down that a vote in such Councils may be held by the Authorities, the Bishop, the Parish Priests, the Prelates of the Religions, the homens-bons** who have been in Government, and never Military men (unless prior to being in the Military they held positions of responsibility) and certainly not servants and other inferior employees, such as the Tellers of the Senate, Galley Chiefs, Stevedores, owners of lorchas, etc. [...]."

(AHU: Doc. 2388, Folder. 8, 12th Julho [July] 1842 -- signed (Legal Clerk), Francisco António Pereira da Silveira

§1. INTRODUCTION

Francisco António Pereira da Silveira was born on 2nd December 1796, the day dedicated to Saint Francis Xavier, in a large house, in the Parish of the Sé, located between Rua do Gonçalo1 and the finest of the local avenues -- Praia Grande.

His father, Gonçalo Pereira da Silveira, was a wealthy merchant and ship owner, 2 the son of a naval Captain of the Royal Navy of Goa, Joaquim José da Silveira, born in Lisbon, who on the 10th of January 1760 married a daughter of one of the most respected men in the Territory, Maria Pereira de Miranda e Sousa, in the [Parish of the] Sé, and with whom he had a family and settled in the City.

Gonçalo Pereira de Silveira, born on the 19th of October 1762, was a wealthy man and son of a true European. He married Ana Joaquina, the daughter of the wealthiest and most respected man in Macao, Simão Vicente Rosa, on the 10th of January 1795. There were three children born of this marriage, Francisco António, Gonçalo and Ana Joaquina.

The same Francisco António later lost his father's fortune in the hazards of the sea and died leaving no descendents, although he was God fearing, honest, loyal to his Country and a "good man" in the full sense of the word. He attended Seminary of S. José (St. Joseph's) until 1818, the year in which his father died, and then chose to support his family, relinquishing his departure, for Coimbra, where he had dreamed of studying Law, (he won an award for being one of the two most brilliant students of his day), to occupy his place as head of the family and to manage the family business. Having lost his fortune, the worthy education he had received at College of S. José, taught at the time by the Lazarist Fathers, afforded him several positions in the Civil Service, the last of which was to be the "[...] Legal Scrivener of the Jurisdiction Judge until the time of his retirement".

Firstly, as the wealthy, respected man he was, he occupied several positions in the Macao Senate and rose to be the City Attorney, 3 and he later worked with the Irmandade da Santa Casa da Misericórdia (Brotherhood of Misericordy), which is proof of his pure-blooded origins and wealthy background. Like his grandfather, his father and his brother he was a Member of the Government and rendered important services to Macao and Portugal, during the 1822-1824 crisis, and later, between 1838-1841, although his name does not appear in the gallery of distinguished men who, through their deeds, people the brilliant pages of local History. 4

Through his marriage to Francisca Ana Benedita Marques, on the 15th of August 1819, Francisco António was related to the noblest, wealthiest families in Macao. His wife was a direct descendent of Domingos Pio Marques Castel-Branco who belonged to the finest Nobility in the Kingdom, and on the other side of her family to the extremely wealthy Paiva family.

Five children were born of this marriage, the first-born a girl, followed by four boys, only three of whom lived to adulthood.

It was the third son, Albino Pedro (born on St. Peter's day, in 1823) who, after his father's death, found among his papers a bundle of Manuscripts which were his Diary. He started the Diary in 1838, but the entries are more frequent after 1841. The Diary ends in 1872, the year before his death.

Albino Pedro was very rich. He had worked in good English firms, in Hong Kong and Shanghai, and later became a self-employed merchant. In the early years of the twentieth century he was one of the wealthiest capitalists in Macao. However, his first wife died soon after their marriage, as did his second wife, and he died without an heir. He had several children, but only one daughter reached adulthood and she became a nun, in France. Alone, although very wealthy, he went to live in the home of his closest relatives - the Pereira Marques family - who then lived in a mansion on the Luís de Camões Square. After his death, in 1905, his cousin Francisco Pereira Marques found the Diary of his uncle Francisco António, which Albino Pedro had kept with great respect and he sent it to Lisbon to João Feliciano Marques Pereira, his cousin, the editor of the Periodical "Ta-Ssy-Yang-Kuo", with whom he kept in close correspondence.

This is how these precious pages have been preserved until the present day, remaining unpublished and often puzzling, challenging the skill, and knowledge of Macao, of anyone wishing to decipher them. They are full of acronyms, half-words, insinuations and reservations. More than ten years of research were necessary to examine Archive material and the reminiscences of the older citizens of Macao, in order to understand the first part of the Diary that Francisco António Pereira de Silveira wrote in the isolation of his home, certainly never imagining the interest that his diary would one day arouse.

This valuable Document has not yet been completely read as the work was halted due to lack of time. However, the remaining pages dealing with the latter years, when the author, disillusioned with politics and even with the future of his Country, restricted his entries to noting down less interesting events.

However, the Records of the early years which he has bequeathed to us are extremely interesting, perhaps more so for anthropologists than for historians, as they provide highly personal opinions of Social and Historical events as well as providing evidence on how a Cultured citizen of Macao, who was highly intelligent and of high moral standing, lived and thought. It was because of some of the passages in this Diary that this Article, entitled 1842 Elections for the Macao Senate, and the homensbons ["Good Men"] of the Territory, was written.

Having introduced the principal Source of this Article, a brief analysis will now be given on the election procedure of the Council Members of the Macao Senate, the most important Governing Body in the City. Reasons will then be sought as to why, in June 1842, these elections gave rise to heated controversy and even a community uprising in Macao. The role played by Francisco António Pereira de Silva in this event will then be examined, and finally, based on the Documents that he prepared at the orders of the District Judge, a list of the principal candidates in Macao, during that Period, will be presented as well as their marital status and family relationships. This reveals that many of them were far from being the homens bons which Legislation had always demanded of those participating in Civic acts of such importance.

§2. THE COMPOSITION OF THE SENATE AND HOW IT WAS ELECTED

When the Senate was created in Macao, in 1585, and comprised of residents elected by the people, any Portuguese citizen who was born, settled or married in the City could vote or be elected to the Council.

This Body held Political, Juridical and Administrative Power and had considerable autonomy. This was because, in the early years, the foreign Governors of the City and representatives of the Political Power of the Viceroy of India were not only the Captains of the "voyage" from Japan, but also responsible for the City, and therefore their stay in the Territory was always temporary.

It is easy to see how this gave Macao a status which was quite different to the other Portuguese Cities in the East. 6

Initially, the City Senate was composed of three elected Senate Members, two Ordinary Judges and a City Attorney, whose responsibility it was to establish the link between the Portuguese and Chinese Authorities. In 1586 the position of Magistrate was created to administer Justice. 7

With Macao receiving an increasing number of runaway deportees from Goa and adventurers in search of easy gains, to be able to vote or be elected a Member of the Senate, a person had to be twenty-five years of age, with "no criminal record, of legitimate birth and não espúrios (not born out of wedlock), and they could not be of rassa infecta (the infected race)", that is, they could not be New Christians. 8

In the eighteenth century, most of the Portuguese in Macao, the so called local homens-bons9 were half-blood and the Royal Decree of the 30th of December 1709 stipulated that Senate Officials had to be Members of the Nobility and that it was no longer enough to have the former privilege of being 'Old' Christians or Portuguese by Nationality and decent. In fact, Nobility could be claimed by any resident with some education and services rendered to Portugal, by making large sums of money avail- able to Macao. Therefore, in theory, any wealthy man (the election of women in those days was unthinkable) could gain access to these highly coveted positions on the basis of prestige, to which the citizens of Macao and immigrant Portuguese were always particularly sensitive.

As time passed and the the economic decline of the City advanced, the former homens-bons, in the usual meaning of the word, were becoming scarce. Thus Senate Members were not always men worthy of the qualities demanded of a Member of a Governing Body.

Due to the lack of these homens-bons,10 the prohibitions, contained in the previously granted Privileges, do not seem to have been strictly observed. 11 In the eighteenth century, the Misericordy Superintendent was a deportee and most of the Members of the Senate were neither Cultured nor from a suitable background. At this time, the Senate was composed of nine Council Members, six Judges, three Attorneys, a Scrivener and a Jurisdiction Judge.

In the Charter granted to Macao, with twentyeight guarantees confirmed by King Dom João V, the Senate was to be composed of only two Judges, three Council Members and an Attorney. However, this number was increased, limiting the Power of the Governor to the benefit of a Government chosen by the people, since the elections were, in theory, free, and the Senate a democratic Body.

Forty-two years after the pessimistic Report written, in 1742, by Bp. Dom Hilário de Santa Rosa, the social state of the City had changed little, if at all, judging by the instructions sent from Goa, on the 15th of April 1784. According to this Document, the Senate of the City of Macao was mainly composed of deportees who had fled to Macao, "[...] or of other people in a similar situation, all highly ignorant in the Affairs of Government, their only aim being to seek a fortune. The only aim of these men was to make the tyranny of the Mandarins less cruel by using servile humiliations, and regularly offering them gifts, possibly taken from the Royal Treasury [...]".12

In 1821, the echoes of the revolutionary movement, which broke out in Oporto on the 24th of August of the previous year, reached Macao. Liberals and Conversatives fought for Power and the City then witnessed one of the most serious internal Political upheavals which seriously affected the composition of the Senate, leading to its replacement by a Council over which Bp. Dom Frei Francisco da Nossa Senhora da Luz Chacim presided.

The new Constitutional Administrative Reform of 1834 removed the Magistrates and reduced the responsibilities of the Senate13 which, however, returned to its previous status after the 1822-1823 crisis had been overcome, until it was dissolved, in 1835, by Governor Bernardo José de Sousa Soares de Andrea.

But the Senate was to rise from its own ashes yet again. It was a Body dear to the citizens of Macao because, at least in theory, it represented their wishes in the Governing of their Land. The President of the Senate then became the actual Governor, which inevitably reduced the customary conflict between the two Bodies of Power, but it weakened the free Governing of the City.

In 1842, when Adrião Accácio da Silveira Pinto was the Governor, further upheavals affected the peace of Macao during the elections for the Members of the Senate.

In Portugal Governments came and went and the delay with which new Laws reached Macao, due to the length of time required for news to travel by sea, meant that there was tremendous confusion in the Governership, which led the Secretary of State for Marine and Overseas Affairs to state:

"And how can the Authorities rule in accordance with their duties with Laws which are ambiguous and often contradictory?

This politician then asked the Courts to urgently find Laws, particularly in view of the circumstances facing "[...] the Territory in the South of China, where there is dissention between the English and Chinese Governments and a great affluence of foreigners to Macao."

In 1839, Governor A. da Silveira Pinto, married in Macao to a local lady from one of the most influential families, wanted to have a new mansion built on the site of the former St. Francis Convent because his residence was in a bad state of repair- a claim that was supported by the Kingdom, as indicated in the Governmental Regulation no 109, dated the 13th of July 1840: "the current homes of the Governor will become the residence for the Judges, and the homes of the Judges will be sold when they can be put to no other use [...]".

In the same Governmental Regulation orders were given to demolish the See because it was in a state of ruin [...] with necessary prior Ecclesiastical Authority [...]. As expected, the citizens of Macao were not pleased at the demolition of the St Francis Convent.

At the Meeting of the Senate on the 5th of February 1842, this proposed demolition was cautiously disapproved, with allegations that the Convent was in a good state of repair, that the church was one of the best in the City and that adjoining it there was a "Campo Santo de Pública devoção" ("Holy Place of Public devotion"). 14 Sixteen thousand patacas would be required to destroy the Convent and build another building on the same site, furthermore depriving the "Christian public" of their devotions in the Church. Since the current Governor's residence belonged to the Treasury, it was the Senate's belief that it would be more economical to restore this house, retaining the homes of the Judges which were well located and in a good state. 15

The Governor, as expected, did not vote on these decisions, which were sent to His Majesty.

Heated controversy broke out between the Jurisdiction Judge and the Senate which denied the former's Jurisdiction over the Customs.

On the 28th of May 1842, the Senate once again ruled against the Jurisdiction Judge, accusing him of infringing the Law by declaring that a slave, donated to the Treasury on the 20th of February of the previous year by his owner, José Joaquim da Roza, be freed, without hearing the Members' opinion. This slave, Jorge Fructuoso, born in Macao, had been bought at a public auction with his mother for eighty patacas and now, married and with children, had Judicially asked for his freedom, alleging that: the right to slavery in Macao was null and void. In order to relieve himself of problems with the Justice Department, his owner had then donated him to the Treasury. The Senate said:

"As there is no Law at all that legalises Slavery in this Establishment, although the practice began for its advantage [...] this can only prejudice the provision in the Decree dated the 10th of December 1836".

The Government of Lisbon was also notified of the matter. In the meantime, the Governmental Regulation no 51, dated the 12th of October 1840, arrived in Macao: "ordering that the emoluments from despatched finances be returned to the Judge, José Maria Rodrigues de Bastos, as Judge and Director of Customs, and to the other Officials of the same, [...]" and censoring the Senate for having executed the order of the Supreme Government of [the Portuguese state of] India, on the 4th of May 1838, that ordered the sum of such emoluments to be deposited in the Treasury contrary to what was ruled in the Royal Governmental Regulation of the 31st of May 1836. Shortly afterwards, Governmental Regulation no 156, dated the 22nd of March 1842, also arrived, in which Her Majesty disapproved of the procedure adopted by the Governor and the City Council and he ordered that the Jurisdiction Judge be reinstated to perform his duties in the Customs.

The Governor submitted this Governmental Regulation in a Senate Meeting, and commented on it. He formally declared:

"[...] that it should be obeyed, but he was resigning his position in the Senate as Council for Government as it was described in Governmental Regulation no 157, alleging, as grounds for his resignation, to have lost the confidence of Her Majesty's Government due to a decision that seemed aimed more to vex him, than to support his authority, and that a leading employee without public confidence could not Govern well [...]. And he withdrew, relinquishing the position".

Once the Governor had left, the second Authority present -- the Jurisdiction Judge -- then Presided over the Senate. As mentioned, the Senate [Presided over by the Governor] and the Jurisdiction Judge were in heated opposition, since both made different interpretations of the Laws.

The confusion and difficulty in Governing Macao was justified.

It can easily be seen how the Mother-Country was thoroughly unaware of the realities in Macao at the time and, what is more, considerable disorganisation reigned in the Portuguese Government where one Ministry followed another, each bringing with it a different way of thinking and acting.

The Regulatory and Basic Laws of the Constitution put into practice in Macao by the Decree dated the 3rd of April 1835, reflected the confusion caused by orders and counter-orders, and stirred public opinion since many interests were affected. Thus, the Governor [of the Portuguese State] of India resolved, in a Provincial Council:"[...] to return everything to the way it was before [...]", until a new Superior ruling could be given. Her Majesty's Government approved this measure.

Note the lack of sense in the Legislation reaching the Territory of Macao. First, the Decree dated the 7th of February 1837 appeared, where, in Article 20, the Judges of Macao were given the duties of the former Magistrates. Then it was the turn of the Decree dated the 16th of July 1838, that stipulated that the Jurisdiction Judges of Macao would have no other duties than those inherent in their position as Jurisdiction Judges, implicitly, but not explicitly, revoking Article 20 of the Decree of the 7th of December 1837.

However, another Decree, dated the 14th of May 1840, revoked that of the 16th of July, once again bringing Article 20 of the Decree of the 7th of December into force: "[...] everything returned to the old way in Judicial and Administrative Affairs because there was no new Legislation, nor any ruling from His Majesty's Government.

To increase the confusion, the President of the Court of the Portuguese State of India stipulated that Judicial reform should be introduced in Macao, giving instructions that a Correctional Police Judge be installed, according to the new Regulatory Law, dated the 12th of December 1833, which contradicted the Decree dated the 7th of December 1837.

What a mixture of new Laws and old Laws! The Senate complained to Lisbon.

However, it was this very Judge, whose position had been so controversial in Macao, who then Presided over the Senate session at that tempestuous Meeting held on the 23rd of June 1842.

The Senate "[...] was placed in such a serious, unsteady position that it could not continue for much longer without seriously risking the Establishment. The order was then given to invite the Authorities of Peace to resolve this very disagreeable and transcendent issue."

After a few hours these Authorities, who had been convened, appeared, and the Senate formally advised the Governor "[...] to carefully consider the results that might arise from his resolution for which he was responsible before Her Majesty's Government."

The Governor replied that"[...] he was sure of what he had done and he did not consider the Senate to be his Judge". The Members of the City Council then went as a group to his residence, leaving the other Authorities in the Session "[...] to better explain the state of affairs and to try to conciliate and convince everyone there, to consider the well-being of the Establishment and the service of His Majesty, and that they return to resume the Government in order to avoid possible irreparable ills."

However, they did not manage to persuade the Governor to change his opinion and they returned to the Council Chamber where the session was proceeding. There were differences in opinion, because five Members had voted to convene the General Council as "[...] a legal means for taking measures in extraordinary cases not envisaged by Law, according to Agreement 17 of the Privileges of the City of Macao", and four of those present decided to appoint an Interim Government, according to the terms of the Law dated the 12th of December 1770. However, three of the Members who were of this opinion, voted for themselves!

"Despite there being five votes for convening the Council, and despite three Members being suspect and two votes conditional [...]", those who voted according to the Law of the 12th of December 1770 managed to get a Provisional Government appointed, composed of the Jurisdiction Judge, the Commander of the Battalion, Major João Teixeira de Lyra and the Chapter House Priest. However, this appointment was not Legal because, in applying the Law of the 12th of December 1770, written for Brazil, in the "Asian States", it should not be the Commander of the Battalion but the most important Official in the City who should join such a Government. Nor should the Chapter House Priest be included since it should be the elected Bishop, the highest Ecclesiastic Authority that existed in Macao. But with their thoughts clearer on the following day," the Members of the Senate met and decided to have the orders that they had passed on the swearing-in of a new Government suspended. "They decided to reflect more maturely on such an important matter and the same Authorities were convened".16 However, this hotly disputed issue was stopped because the Authorities completing the Interim Government insisted on the validity of their appointment. The Senate then indicated the General Council as the most correct solution for such a case.

Time went by and no solution was found. Then the Battalion of the Prince Regent took up position in the Senate Square, to one side of the Council Chambers, armed and with two cannons ready with the flairs lit and accompanied by many citizens. The first Sergeant, António Fidelis, acting as Second Artillery Lieutenant, told the Commanding Major [Lyra] of this Battalion who was present and who had been appointed a Member of the Interim Government, that the Battalion was armed. Hearing this, the Delegate of the Crown Attorney, João Damasceno dos Santos Coelho immediately left his place and said that he protested at the situation in which he was placed, and Major Lyra did the same. The free voting demanded, was threatened.

João José Vieira and the Delegate of the Royal Attorney withdrew. The two Justices of the Peace then asked for the General Council to be convened.

At this point, the arrival of a deputation of three Battalion Officers was announced the Captain of the Second Artillery Company, José Manoel de Carvalho e Souza, the Lieutenant, Ricardo de Mello Sampaio and the Second Lieutenant, Jerónimo Pereira Leite. They said that the Session was taking place behind 'closed doors' and that the appointment of an Interim Government with a Battalion Commander as Member, was not Legal, and they adopted the position that the General Council should be convened. This was an imposition of arms although outwardly pacific.

The voting then proceeded. While this was happening, voices and beating on the door were heard. It was the Deputation, once again asking for a reply as to what had been decided. The Captain, Carvalho e Souza, on hearing that a decision had been taken to call the General Council, insisted that the notification be given by public announcement and not by written communication, but this demand was not accepted.

Before the Officials left the room, the Jurisdiction Judge asked them if they recognised the Authority of their Commander, Major João Lyra. Captain Souza replied that "[...] they neither recognised nor failed to recognise his Authority." The same Judge then asked if the Armed Forces would give him assistance if he were to ask for it, and Lieutenant Mello Sampaio, said they would for the good of peace and order and that "[...] he should address the Municipal Guard or the Chief of Staff Barracks."

It was agreed that the General Council would be scheduled for the 25th of June and it should only deal with the matter of the Government of the Province. On the 24th of June, Major Lyra was relieved as Commander of the Prince Regent's Battalion by Governor Adrião Acácio de Silveira Pinto, and he became "[...] an unemployed Officer." He was replaced by Captain José Manoel de Carvalho e Souza [sic] with the right to gratification and suitable food ration for his horse, in acordance with Paragraph 1 of Article 14 of the 1816 Regulation. On the 25th of June the planned General Council met, "[...] consisting of more than one hundred working citizens [...]" and at the request of all of them, and at the suggestion of João Rodrigues Gonçalves, it was decided to send a deputation to the residence of the Governor, asking him to appear before the Council. The latter, although with difficulty, agreed and was received with acclamation. The Governor was installed to resume the reins of Government, or rather, "[...] to continue in Government because his resignation had neither been requested nor accepted [...]", making him aware of the danger the well-being of the Establishment was in, if he did not accept.

In front of "[...] such distinguished citizens, he agreed and chaired the Meeting, concluding everything with the greatest calm [...] which resulted in general rejoicing."

At the time, some citizens suggested that an path be sworn to the Constitutional Charter (because apparently orders had arrived from the Queen) and the Oath was sworn to the Charter, "[...] not just in name, but also ascertaining that it would be executed with the Basic Regulatory Laws."

The Governamental Regulation of the 22nd of March was annulled, and it was decided that affairs in Macao should return to how they had been on the 22nd of June, that is, prior to the arrival of that particular Governamental Regulation, and a Commission was appointed to examine which of the Regulatory Laws were compatible with that Establishment. Another General Council Meeting was convened to meet after the work of the aforementioned Commission had been completed, whose Members included: Fr. Joaquim José Pereira de Miranda, João Damasceno Coelho dos Santos, Francisco de Assis Fernandes, Can. António Jorge Victor, Lieut. Ricardo de Mello de Sampaio, José Manoel de Carvalho e Souza, Philippe Veira and Canon Taveira de Lemos. It was also concluded that the cause of the disorders that had occurred was: "[...] due to the sordid interests of half-a-dozen people who had unfortunately been heard by the Ministry in contravention of the Constitution and on frivolous pretexts [...] and that the first and foremost object for the peace of the City lay in the division of Powers of the respective Authorities [...] and it was immediately agreed that the Jurisdiction Judge of Macao should be limited to the judicial attributions of his office."

A vote of thanks was extended to the Governor and the troops and the problem of appointing the Court Deputies was also dealt with. Everything concluded with the Governor making a Proclamation to the inhabitants of Macao and the troops, and this Proclamation was published in the Macao newspapers17.

On the 11th of August 1842, the General Council met once again in the Council Chambers to assess the Report from the Commission appointed in June. The Jurisdiction Judge, the [Cathedral] Chapter and the Delegate of the Crown Attorney and of the Treasury were missing from the Council meeting. The Governor made an address and the Commission submitted its Report. Attorneys were appointed to the Courts and a Report was sent to the Secretary of State for Naval and Overseas Affairs, on the 6th of December 1842.

The Senate also sent a Report on the events in June to Portugal, in Official Letter no 9, dated the 7th of September 1842.

As was to be expected, the Committee was against the Powers of the Jurisdiction Judge and advocated elections for all working citizens and not only for the homens-bons, also adding that it was against press censorship.

All this upheaval, aimed at removing the Jurisdiction Judge who had become troublesome, was achieved. At this time the reinol ([Jurisdiction] Judge) was born in Portugal and a foreigner to the Territory, unlike the Governor who, although also born in Portugal, had been married in Macao, sharing its local interests. The Judge did not agree with all these decisions and sent an Official Letter to the Senate, thinking he had been accused in the General Council, held on the 11th of August 1842, "[...] of having opposed the establishment of the New Laws [...]". However, he ended up losing the battle, which was, in any case, an unequal one. We get a glimpse of what happened in the wings during these events, thanks to the help of Documentation written during that Period. It will be of great interest to the reader, therefore, to examine the following extracts from the pages of The Diary of the Citizen of Macao, Francisco António da Silveira.

§3. THE EVENTS OF MAY-JUNE 1842, AS RECORDED BY FRANCISCO ANTONIO PEREIRA DA SILVEIRA

"May 13th -- The steamship Aucklant [sic] (Aukland) arrives, having left Bombay on the 16th of April, bringing news from Europe. It is learnt that the Constitutional Charter has been sworn in, on the 10th of February, in Lisbon, after support had been given first, in Oporto. António Bernardo Costa Cabral, Minister for Justice, went to Oporto and the revolution was conducted for the Constitution. There was no blood shed."

[...]

"June 23rd -- The Governmental Regulation dated the 22nd of March 1842 against the suspension of the Magistrate (Judge) of the Customs, arrived. The Governor left the Government in the Senate and withdrew. A Meeting of Authorities. The Governor was asked to continue in Office: he did not reply.

The Magistrate (Judge) presided over the Senate: The Governor refused to take up his position, saying that he was expecting dismissal from Her Majesty, not vexation. The Commander asks him on his own behalf and for the troops. He does not listen to them. The troops take up arms without the orders of Commander Lyra, the latter restrains them. The troops do not want a Conservative Government [Prince Miguel supporters]. 18

Everything calm that night."

"Day 24 -- The Senate meets in the morning and queries the Law dated the 12th of December of 1770 as it was made for Brazil and not for here [Macao]; Meeting of Authorities. The Delegate showed that for order to be maintained in Goa, in 1828, this was applied, and a similar case is here. Some Council Members and the Justice of the Peace vote for the General Council. The Meeting went on until late.

The troops revolt, taking the Captain of the Military Headquarters, Bernardo, 20 by surprise, and marched to the Senate Square, without orders from the Commander, who was in the Senate. They reach the Senate Square with two cannons and the cannon flairs already lit. Three Officers, José Manoel, Ricardo and Leite21 explain their aims to the Authorities, asked for an immediate General Council Meeting, it was almost nightfall; they say nothing about Commander Lyra. The Council is called for the next day; the Council is almost entirely composed of citizens, the Magistrate (Judge) explains the lack of correct enrolment and suggests the election of Justices of the Peace: they agree, and the Meeting ends at 10 at night; a Sergeant of the troops receives the convening notifications and displays them."

"Day 25 -- General Council, chaired by the Magistrate (Judge). They ask that the Governor be called, and a Câmara (Deputation) is appointed for this. The Deputation goes to get him, the Governor arrives and receives a round of applause. The Magistrate retires due to ill health. The General Council halts execution of the Governmental Regulation dated the 22nd of March 1942, and the suspension continues. A Committee of five members is appointed (Fr. Miranda, J. B. Gomes, J. D. C. Santos, F. A. Fernandes, M. S. Ricardo)22 to revise the Laws."

"Day 26 -- The Governor deposes Lyra from Commander of the Battalion and Captain Joaquim Manuel da Costa Campos is the novo (new) commander."

"July 10 -- Allegiance is sworn to the Constitution, a Te Deum sung and public and building illuminations23 ordered. The Magistrate (Judge) attends all of these functions."

"Day 16 -- The Magistrate (Judge) does not send the auto de juramento (proceedings of the swearing-in) to the Governor, according to the Senate Programme. The Governor makes a reference to this in the Senate and against the Minister of State, particularly against the latter, (António José Maria Campelo) and calls the Governmental Regulation dated the 22nd of March 1942 the "Portaria de Peso" ("Weighty Governmental Regulation"), etc."

"Oct. 13 -- The August mail arrives. On the 10th of June news arrived from Lisbon of the deposition of Lopes Lima, on the 18th appointed Governor General; Count Antas24 (the one who even Lopes Lima spoke ill of in his Manifesto) arrived in Bombay, on the 10th of September, by steamer and left for Goa, on the 13th September. In the Annals of Portugal this is the first time that such ready measures were taken for India. The"Pregoeiro"25 published important, sincere praise with everything due to Campelo. The Magistrate (Judge) received Official notification from the Government Council, of the 25th of August, saying that the Governor was asked to proceed to tomar vista (lodge an appeal)26 for the other crimes that he had not wished to do in May. Her Majesty ruled against the intentions of the Justice of Peace of S. Lourenço who wanted the Legal Department for Orphans, and Her Majesty said that this was a duty of the District Judge, and that this was the way it was in the Kingdom, and that it was the latest Judiciary Reform. What happened to the expectations of the General Council with this awaited Judiciary Reform? Fools."

[...]

Comparing the Records of the Minutes of the Senate and the content of Official Letters and Reports sent to the Kingdom, with what the Macao citizen Francisco António Pereira de Silveira recorded in his Diary, the precision of his analysis can be appreciated, as well as his amazing impartiality, which makes his writing of considerable documentary value.

§4. WHO WERE THE HOMENS-BONS ("GOOD-MEN") OF MACAO IN 1842?

Not conforming with the resolutions passed by the General Council, the Jurisdiction Judge, to support his theory of illegality, had a list of voters drawn up, with detailed information as to whether or not they had the right to vote. Foreigners, the Military, family members of those on the proposed lists and inhabitants who were considered vagrants or involved in 'unholy' professions could not vote, no more than could Servants, owners of Chinese merchant vessels, criers of wares, Interpreters or Galley Chiefs.

The first Clerk of the Jurisdiction Judge, Francisco António da Silveira, and the second Clerk, Thomaz d'Aquino Miguéis were responsible for making enquiries into the situation of 105 voters.

The Report, drawn up by the first Clerk, was delivered on 7th July 1842 and based on its interpretation, 70 (more than 50%) out of the 105 voters who had participated in the turbulent Meeting on 25th June 1842, had no right to vote.

A careful examination of the Table [...] (Report on the Inhabitants [...]), drawn up by Francisco António da Silveira is very interesting because it reveals not only interesting parental relations but also the interests at stake and the manipulations in the wings of the Elections for the Senate.

§5. TRANSCRIPTION OF THE REPORT ON INHABITANTS DRAWN UP BY FRANCISCO ANTONIO PEREIRA DA SILVEIRA

ELEMENTOS DA GOVERNAÇÃO DE MACAU (MEMBERS OF THE GOVERNMENT OF MACAO)

COUNCIL MEMBERS (VEREADORES):

• Lourenço Marques -- businessman, married, Senate Council member, cousin of Francisco António Pereira da Silveira and Agostinho de Miranda.

• Agostinho de Miranda -- single, clerk to an English firm.

• Alexandre António de Mello -- businessman, Senate Council member -- cousin of Januário José Lopes -- businessman, single.

• Manuel Pereira -- businessman, married, Senate Council member, son-in-law of the Governor Adrião Acácio da Silveira Pinto.

• José Thomaz d'Aquino -- businessman, married, ordinary Judge of the Senate, brother of Maximiano José d'Aquino.

• Maximiano Jozé d'Aquino -- businessman, married and brother-in- law to Vicente Vieira Ribeiro -- Carlos Vicente da Rocha and Manuel António de Souza -- (all of them businessmen, and married in Macao).

• Manuel Jorge Barbosa -- businessman, married, Treasurer of the Finance Department, father-in-law of Francisco de Assis Fernandes -- lawyer, born in Goa -- married and cousin of José Miguel Alves, primary school teacher, also married and nephew of Manuel José Barbosa. This José Miguel Alves had no right to vote as he had never served in the Government.

• António Frederico Moor -- businessman, married, uncle and brother-in-law of Alexandre Grand-Pré -- clerk to an English firm, with no right to vote.

• Cipriano António Pacheco -- businessman, married, Justice of the Peace of the parish of the Sé, brother-in-law of the owner of lorchas, Lourenço dos Santos -- married, no right to vote.

JUÍZES DA PAZ (JUSTICES OF THE PEACE)

• José Simão dos Remédios -- businessman, married, Justice of the Peace of the parish of São Lourenço, brother to Maximiano F. dos Remédios -- businessman, married, with no right to vote, sonin-law of José Joaquim Gomes -- married, Supervisor of Customs, with no right to vote, brother-in-law of Filipe Vieira -- businessman, married, also with no right to vote.

OUTROS VOTANTES SEM DIREITO A VOTO (OTHER MEMBERS WITHOUT THE RIGHT TO VOTE)

• Fr. Joaquim Pereira e Miranda -- teacher at the College of S. José, as not a prelate (?) in his religion.

• Plácido da Costa Campos -- 1st Lieutenant of the Battalion, married, with no right to vote he was a Military man.

• José Manuel de Carvalho e Sousa -- Battalion Captain, married, cousin of José de Lemos, married, agent for foreign firms, cousin in his turn of José Miguel Alves -- primary school teacher, also with no right to vote, as mentioned above.

• Braz de Mello -- forwarding agent, single, cousin of João António Barreto, clerk to an English firm, single.

• Floriano António Rangel -- clerk to an English firm, brother of Jaime Rangel and Sigismundo Rangel, both single, both with no right to vote as not heads of families.

• Rafael Jovita Ribeiro -- musician, single.

• José Bernardino -- married, who lived from "agencing" [cargoes ?], brother of Manuel Duarte Bernardino, businessman, married, with no right to vote, and the latter in turn the brother-in-law of Joaquim Braga, also, with no right to vote.

• José de Brito -- clerk, single, brother of José de Brito and also single, clerk to a foreign firm, both with no right to vote.

• Felix Hilário de Azevedo -- married, clerk to an English firm, cousin of Pedro Nolasco da Silva, pilot, married, brother of João V. da Silva, married, clerk of the Senate, also with no right to vote.

• Nicolau Joaquim de Sousa -- married, pilot of Chinese junks, with no right to vote.

• Agostinho de Miranda -- single, clerk to an English firm, with no right to vote and cousin of Lourenço Marques, Council Member of Senate, with no right to vote.

• Carlos Vicente da Rocha -- businessman, married, with no right to vote, brother-in-law of José Tomás de Aquino, ordinary Jurisdiction Judge.

• José Joaquim Gomes -- married, supervisory Customs guard, with no right to vote, father-in-law of José Simão dos Remédios, Justice of the Peace [for the Parish of] São Lourenço.

• Januário José Lopes -- businessman, single, cousin of Alexandrino A. de Mello, businessman and Senate Council Member.

• José António Soares -- an idler and a wretch, married, uncle of Joaquim Pereira de Campos, single, clerk to an English firm, both with no right to vote.

• João Hydman -- married, clerk to an English firm, brother-in-law of Alexandre Grand-Pré,single, also a clerk in the same firm, and both with no right to vote.

• João da Cruz -- married, bookbinder, brother of Felix F. Cruz, married, printer, both with no right to vote.

• José Miguel Sanchez del Aguila -- Spanish pilot from America, married, foreigner, and therefore with no right to vote.

• Francisco de Assis Fernandes -- lawyer, married and cousin of José Miguel Alves, primary school teacher, married, both with no right to vote. Was the son-in-law of the elected Treasurer of the Finance Department, Manuel José Barbosa.

• Manuel Duarte Bernardino -- businessman, married, brother of José Bernardino and brother-in-law of Joaquim Braga, both with right to vote and the latter considered an idler.

• Ludgero J. F. Neves -- married, Assistant Commanding Major of the Monte Battalion, brother-in-law of João Florenço Marçal, both with no right to vote as they were Military men.

• José Francisco de Macedo -- treasurer, married, with no right to vote, cousin of the interpreter João Rodrigues Gonçalves (the latter with right to vote)

• Felix Lourenço de Pina -- married, owner of lorchas, brother of António Francisco de Pina, married, scrivener of the Finance Department, both with no right to vote.

• João Valentim Chumal -- single, Commanding Major, with no right to vote being a military man.

• Filipe Vieira -- businessman, married, brother-in-law of José Simão dos Remédios, elected Justice of Peace for São Lourenço.

• José Vicente Vieira -- married, owner of lorchas, nephew of Fr. Francisco Xavier da Silva, vicar of St. António, with no right to vote.

• Ricardo de Mello Sampaio -- 1st Lieutenant of the Battalion, married, nephew of Manuel Martins do Rego, clerk of the Justice of the Peace, brother of Tomás de Aquino Martins do Rego, clerk of the Customs, none of whom had the right to vote.

• Bernardo Manuel de Araújo Rosa -- married, Captain of the Battalion, with no right to vote as he was a military man.

• José Carlos Barros -- married, amanuensis of the Senate, with no right to vote.

• Joaquim Vicente Barradas -- standartbearer of the Battalion, married, brother-in-law of Maximiano Felix da Rosa, scrivener of the Attorney's Office, both with no right to vote.

• Joaquim Frederico Gil -- pilot, married, with no right to vote.

• Simplício António Tavares -- no means of living, single, cousin of Joaquim Pedro da Costa, clerk of the Senate, married, cousin of Francisco Xavier Lança, 2nd Lieutenant of the Navy, married, the latter with no right to vote.

• Francisco de Paula Silva -- married, amanuensis of the Misericórdia, nephew of Miguel Alexandrino Ferreira, scrivener of the Justice of Peace, both with no right to vote.

• Manuel Maria Dias Pegado -- editor of the "Portuguez na China", married, cousin of José Manuel de Carvalho e Sousa, Captain of the Battalion, both with no right to vote.

• José de Brito -- single, clerk of a foreign company, brother of João de Brito, both with no right to vote.

• Maximino dos Santos Vilela -- pilot, married, cousin of João Carlos Pereira, married, clerk, both with no right to vote.

• Augusto de Almeida Torrezão (?) -- married, owner of lorchas.

• António Inácio Perpétuo -- "taverneiro de vinho" ("taverner of a wine house"), married, with no right to vote.

• Manuel Agostinho de Oliveira Matos -- married, idler.

• Tomás d'Aquino Martins do Rego -- married, amanuensis to the Customs, brother of Manuel Martins do Rego, married, scrivener to the Justice of the Peace.

• Miguel Alexandrino Ferreira -- married, scrivener to the Justice of the Peace, uncle of Francisco Paula da Silveira, married, amanuensis to the Misericórdia, both with no right to vote.

• António Ferreira Batalha -- married, owner of lorchas.

• Ludovino Pereira Simas -- 3rd clerk to the Senate, single, son of the clerk of the Council.

• João Rodrigues da Costa Caminha -- married, assistant of Orders.

• Florentino António dos Remédios -- married, "língua ordinária da China" ("ordinary interpreter of Chinese").

• José Martinho Marques -- married, assistant of the "[ordinary] interpreter of Chinese".

• José Joaquim de Azevedo -- married, second scrivener of the Senate, cousin of João V. da Silva, scrivener of the Senate.

• Joaquim Ferraz -- married, son-in-law of the scrivener of the Council and supernumerary Customs guard.

• Luís Bernardo do Couto -- married, owner of lorcha.

• Inácio Baptista Gomes -- married, teller or helper to the Senate.

• José de Jesus dos Santos Oliveira -- footman or teller to the Senate, single.

• Artur Francisco do Rosário -- married, teller of the Senate.

• Miguel de Sousa -- married, assistant to the Senate Finance Department.

• Lourenço dos Santos -- married, owner of lorchas, brother-in-law of Cipriano António Pacheco (elected Judge for the Parish of the Sé).

CONCLUSION

From this brief analysis, there is a very obvious family relationship between those Members with no right to vote, and who actually voted, and between some of these and citizens elected to different positions. This demonstrates the extent to which Election results failed, in many cases, to reflect the spirit of the Law which created them on behalf of Freedom and Justice.

This description of the troubled Elections in Macao is also, to a certain extent, a lasting image clearly described with dignity and remarkable integrity and up-standing moral character by a citizen of Macao, in the nineteenth century, whose name deserves to go down in the History of this Territory.

In this account we are given examples of the past which reflect the effects of Portuguese Political developments, in Macao, and sometimes, their dramatic consequences, the result of a failure to understand a reality that clearly must be witnessed to be fully understood.

Translated from the Portuguese by: Zoe Copeland

Revised by: Luisa Hoyer Millar

PORTUGUESE LEXICON

Agenciar = Agencing

Alcaide = Alcalde (Mayor)

Alferes = Standart-bearer

Almoxarife = Treasurer

Amanuense = Amanuensis

Alvará = Ruling

Assistente de Ordens = Assistant of Orders

Cabido = Chapter

Cabo de galés = Galley Chief

Câmara = City Council

Chamador = Teller

Escrevente = Clerk

Despachante = Forwarding Agent

Escriturário = Scribe

Escrivão = Scrivener

Escrivão de Direito = Legal Scrivener

Escrivão de Almoxarifado = Scrivener of the Treasury

Fazenda = Finance Department

Foral = Charter

Jugueiro = Lackey

Juiz de Direito = Jurisdiction Judge

Juiz dos Órfãos = Judge of the Orphans

Juiz de Paz = Justice of the Peace

Lingoa = Stevedor

Lorcheiro = Owner of lorchas

Malato = Domestic servant

Mancebo = Page boy

Mesteral = Master

Mestiço = Half-blood

Moço = Helper

Ouvidor = Magistrate

Pasta = Folder

Portaria = Governmental Regulation

Procurador = Attorney

Recorrer = (jur.) to lodge an Appeal

Reposteiro = Footman

Tabelião = Notary

Vara = Jurisdiction

Vereador = Council Member

Il Regno della China Da giacomo Cantelli da Vignola [...] 1628.

In: Twenty Six Martyrs Museum, Catalogue, Nagasaki, 1987, p.63.

Regni Japonice [...], delineata ab Engelberto Kempfero recula at emendata a Math. Seuttero [...]. (1730).

In: Twenty Six Martyrs Museum, Catalogue, Nagasaki, 1987, p.63.

**See: Notes 9 and 10.

NOTAS

1 The road that connected Praia Grande to the Senate Square, before the new extension was added to Av. Almeida Ribeiro at the beginning of the twentieth century.

2 "Capitão de navios" (A Ship's Captain) was still considered one of the most noble professions, in Macao, in the first half of the nineteenth century.

3 The City Procurator had the thorny task of establishing the not always easy link between the Portuguese Authorities, in Macao, and the Chinese Authorities.

4 See: AMARO, Ana Maria, Francisco José Pereira da Silveira, um macaense que não ficou na História, in "Macau"-- (Forthcoming) An extract from a work currently under research: Macau dia a dia -- Diário dum macaense do século XIX.

His first wife died following the second birth, and the same happened to his second wife, his first wife's sister also died giving birth to a child which did not survive.

6 LESSA, Almerindo, A História da Primeira República Democrática do Oriente [...], Macau, Imprensa Nacional, 1974; GOMES Luís Gonzaga, Páginas da História de Macau, Macau, Notícias de Macau, 1966 -- For further details.

7 See: TEIXEIRA, Manuel, Os Ouvidores in Macau, Macau, Imprensa Nacional, 1979.

8 See: TEIXEIRA, Manuel, Macau no século XVIII, Macau, A 1980, p. 15 -- For information from the Bp. of Macau, dated 1700.

9 The homens-bons in the Political and Judicial field were classified on the one hand by a form of 'Topographic' classification and on the other hand as the heirs of an 'Economic' classification and also through the Military hierarchy of their fore-fathers. The level of honour, that is, social esteem, required to be classified as a homembom, varied according to the importance of the area where they lived, because they rose from being simple landowning rural heirs to rich bourgeoisie, and later to distinguished leaders because they were wealthy. Homensbons were those summoned to the General Councils, to be the Advisors of the Mayors, deciding on Administrative and Economic issues. The malatos were not included among the homens-bons nor were they included if they had not set up a family or did not have their own homes. See: MARQUES, A. H. de Oliveira, SERRÃO, Joel, ed., in "Dicionário da História de Portugal", 5 vols, 1981-1985, Porto, Livraria Figueirinhas; 1985, vol.3, p.222.

10 TEIXEIRA, (1980), op. cit., pp. 14-15 -- In 1700, there was a shortage of homens-bons for election to the Senate, in Macao. There were only twenty-four, nine being excluded because of old age and ailments or because of crime. Fifteen remained. How could the triannual election be held? For the election to be 'free' there had to be more than twenty.

11 The Ruling of the 31 st August 1629 prohibited degenerates from occupying Public Office. On the 14th January 1708, the Procurator of the City managed to obtain, in Lisbon, twenty-six Council Privileges to resolve the frequent issues raised between the Governor (Captain General of Macao) who after 1623 was no longer the Captain of the Japan "voyage", but had a de facto, permanent position. Some of the granted Privileges allowed the Senate to try some Officials, among them the Scrivener of the Council, the gaoler and the Judge of the Orphans and to appoint the respective Scrivener, assess the jurisdiction of the Mayor as a "homem branco" ("white man") and to try all Officials, with the exception of the Judicial Notary, but including Military Captains etc., in order to limit the powers of the Governor who represented the Political Power of the Kingdom (through the Viceroy of Goa).

Art. 14 of these Privileges indicates "criminals will be banned from Public Office or from the Council".

Art. 15 emphasises that "Senate Officials should be 'Old' Christians, and Portuguese by Nationality and descent".

12 BGUC: Reservados, Cod. 1707.

13 AHU: Pasta. 8, 1842.

14 Cf. Minutes of the Senate Meetings on the 25th and 26th of July 1842 and the Diário of the Macau citizen, Francisco António Pereira da Silveira (unpublished Manuscript, part of the belongings of João Feliciano Marques Pereira).

15 AHU: op. cit.

16 Idem.

17 "O Pharol Macaense", a newspaper edited by Félix Feliciano da Cruz (June 1942) and "A Aurora Macaense" a newspaper edited at the Tipografia Arménia, (June 1842).

Also see: The Diário of the Macao citizen, Francisco António Pereira da Silveira, [p. n. n.].

18 Conservative partisans, of Prince Dom Miguel faction ("Miguelistas").

19 Delegate of the Crown Attorney. João Damasceno Coelho dos Santos.

20 Bernardo de Araújo e Silva.

21 José Manuel de Carvalho e Sousa, Ricardo de Mello Sampaio and Jerónimo Pereira Leite.

22 Fr. José Joaquim Pereira de Miranda, João Damasceno Coelho dos Santos, Francisco de Assis Fernando and Ricardo de Mello Sampaio.

23Luminárias = Public and building illuminations.

24 Governor of the Portuguese State of India.

25 "Pregoeiro da Liberdade", a contemporary newspaper published in the Portuguese State of India.

26 "[...] tomar vista [...]" or Recorrer -- (jur.) To lodge an Appeal.

*Ph. D (Lisbon). Lecturer in Anthropology, Institute of Social and Political Sciences (Lisbon). Consultant of the Centre for Oriental Studies of the Fundação Oriente (Orient Foundation). Author of a wide range of publications dealing, primarily, with Ethnography in Macao. Member of the International Association of Anthropology and other Institutions.