CO129-193 - Governor Hennessy - 1881 [5-7]_Part_009





collapse. But the larger the of round boutiers, the larger the hollows and interstices between them, and it is easy to conceive how in the course of years during heavy freskets, the ear!!! in these interstices round the places where the bouliers had replaced the cover stones, must have got out into the drain, gradually honeycombing the bank where the c0129/193/425 DED PUBLIC RECORD OFFICE. subsidence was to take place. Totally apart from the merito "woul"" point out that in this flory of typhoons and in great convulsions of nature where destruction of property is always recurring, to entertain Mr boughties claim will be to establish a precedent that will lead to trouble and embarrassment (signed) J. M. Price 22nd Agust, 1888. One Document, being... Plan showing the drainage. has been removed to. 28/11/25 (Segment Tenne)... MPG 1157. R 75547/844 3m 4/74 P PLAN SHEWING THE DRAINAGE NEAR BELMONT. TERI AGES. Scale 80 Teek a 1 xxxck. STREAM S Xo Xhe Sea - Muinte by the Acting Colonial leachin. 30t August. An Received this day and fore w! = for the perusal of Honorable Numbers of Exccutur Coniel ( Ligures) Frederick Dimmit (видет Rumintis by Hon Mumbers of Concution Corneil. By the How I M. Brice. Received 51st August keen and returned 314 August, 1880 (Riques)] J. In trice By the Str. E. P. Vierally 12th October, 1880 (Beques) E. & Divalley. Incinutes by the Honorable Brumbers of the Executive Comcil (continues_ By Now: Sr. F Dewark 18€ Gelober 1880 (digues ]) Erederick Stewart. By Hon. Major funeral 20.0 16th October, 1888: (Sigues) & 10. Sonoran Muinte by the Acting bolovial contity 114 Ectober, 1880 Forwarded to stie Acting Clerk of Council's . (Diques) Frederick denet. C.S.O. N.3139 of 1880. ہوں کی نگاه Firenber 1830 M. Vughtne to Acting Colonial vieretary. neshing to be informed if Mr. Prices Letter 19783 of 14 th Septe 1878 Eruveyed, a full and complete statement. all the points urged by the Surveyor General's department in opposition to hs (alle Coughtsies) clari- Also encang certain official ndes addreieed to bein by Ms Thice, of which the follaing are Coprès Unofficial 14th September 1878- ely dear Corightric, come and swear here to at 12 Ahw? The Governor hardeind ine to explains to request for an to yourt drbitratives is the matter of "Belmont, and under that cireu tances it is the Government y aquapuh ay pinimag accept the aceite vee responsibility of of draglast. Yours micerely (Signed) J. M. Price. Mrinte by His Excellency the Governor the above. 15th December 1880. I cannot conceive hour this to Mr Coughtric, Met anja fani yvy syp for thinking that I had come the cruelu ~ * ?) 5 } } request for an arbitrations thought the Ger Arid Abiat el poofy Lynzymu na play of green par On the contrary, Arinaity nover éoircealed the ter Tendency of my opinion from Mr Price that the Survey Department in free from responsibility is the a fair case for arbitration. vvy any in we autorky as his letter of myth September 1° Coughtrie. (Signed) J. Sope Hemass Mr Price to Mr. Coughtric. purely un official and pain * II FINAL Yours sincerely (Signed) I. Ms. Price. 21st September 1878. byday was ay ay paving my muf Wherever mybingawa hip per private & mofficial word. you oppointey officint way coring you us دیدار کرد (aigus) I. M. Krice. Youre screerely cary bir awphys (58 Move-fxe) The Sen. Geterint heretary, 'payada xg794 lydancy bylina aypy delagring (Pignus) I Fope Seme- Minute by Acting Solous Secretary the December, 1884. It have compared there papers with the documents referred to by It flonel Stuart, ofthe August, 1878, and by It's havelieving the Governor, Ancellency gut September, 1878- attack what was sent to Just foughtive, and what was directed to be sent, as indicated by Touble hincil lives." (signed) Frederick Stewart Asting Colonial Secretar Mimite by It's Excellency the Governor. 14th December 1880. What I requested in 26th November, 1887 was minute of Latte that the Acting Solonial Secretary would compare the documents and report the result. Where is the Report! I trust it can sent tome today. (signer) J. Pope Stennerty. Report on the "Extracts forming the Enclosure to Acting folonial becretary, Sur Prices Lette. to Se foughtrie of the dentale, 100 Is September, 1878. 14th December, 1880. The opening paragraph of the Enclosure is not one passages indicated. Jr. portion of M. Powther's Mc Neate's report is included. No portion of report is incinded. No portion of Overseer - tratti report is inclured. The second paragraph of the Enclosure is the second paragraph of Mr Price's oron report, and is of the passages indicated. The third paragraph of Ser Price's report is omitted from the Encloence. The third paragraph of Inclosure forme the fourth paragraph Met Prices report, with the words "as shown by the blue arrows in the sketch "omitted. The fourth paragraph of the Enclosure is substantially the as the fiftin paragraph of Jus Price's report The fifth paragraph is identical with the with paragraph of Mis Prices report. The sixth paragrapli of the Enclosure is identical with the seventh paragraphe of Met Fries report, with the exception of conclusion b, for which is substituted another paragraph market b, which is not. in the orignial report. The last paragraph of the enclosure does not occurs in the ور عور الدار (Signe) Freewrick Stewart Acting folonial becretary. Slimite by His Exseliency the lovernor 18th December, 1880. prite acco Condhtrie inn recordingly, to M the 2 the ultims. his letter of Transmit Transmit to hinir at the same time, the extracts from the official reports that I har - to be sent to him. September 1878 and which I was unies the simpression he had duly received at that time. (signed) I. Pope Stennessy. Acting Solonial Secretary to Mr. J. B. boughtrie folonial Secretary's Office. Hongkong, 18th December 18th. I have the honour, by direction of It's healiency the Governor, to acknowledge the receipt of your letter of the 20th ultimo reversing the information afforded you Acting Colonial becetary's the Stonorate D. M. Price's letter 1.78sh of the 14th September, 1878 with respect to the damage done to your property at Belmont, foughtul hag س کی سالی to enclose a the information then conveyed to you. Sustrans out of the Reports of m here, and at the same time, to transmit to you Une extracts from the official reports that the Sovernor has directed to be sent to the ois September, 1848, and W. Bowsher marked with double pencil lines. Mr. Bowdler to Stonourable A. M. Hume 187h. Pries, Acting polonici decretary. • On entering premises, by flight of ری با ما تماس با ما Ms foughtrie walking "descenting was under the impression you received at which I fis Insellency 3. to and fro under the back veranial, that time. I have, te. (Signed) Frederick Stewart Acting folonial Secretary. "dressed in ordinary slacking "costume and fancy slippes, apparently "very dry and comfortable, X X X X X X X X first inspected the upper "portion of the drain said to have age 5. "burst. After making a caspil examination felt convinced that it had not burst but that the " covering stones had been removed, and "that's the two stonce which I bound "since across the drain almost "losing the water way, had been terway, peace there by human and not by the storm waters. I could "see, by the aid of the lighting the emis of the two stones, For I inches, and the the 2 or 3 inches, "the bottom and lives of the drain. Stad "the covering stones at this point been • displaced by the storm water, I shoud have expected to find them on "ground at the bottom of the slope, : the spot from which they had sun "removes was from the upper and "outer angle of the elbow formed standing about 1 "the drain descending angle from "asove time top of the covering stone, "bout the hose being full of water, of "Could not see how then that the fixed; but by "passing my hand all round them, I found only water passing at that "time into the drain at that spot Through the joints between the Stones and the Seymour Road "inte Mr foughtre's premises therefor hat the drain bust, the stones and "debris must have been thrown to the "foot of the slope, which it about to feet high, buist in کے کہیں اس میں اسے masonry, "the outside sloped and rounded, and : the surface revivre smooth with chinam, but I found neither covering 'stones nor debris, not even of mortar either the side of the at the bottom of the scope : "The stones which I found "blocking up the drain I di not "remove, neither did I inform Sult "Soughtie of what I had suns. Stai rendered me "The accompanied me, "the slightest assistance whilst I should have "inchicting his premises, : shown them to min, and probably I should have removed them; but "uniser the circumstances I did not • consider it advisable to name the • matter to him, but thought it more " prudent to allow them to remain " until day light, and to have them " property examined and marked before "being removed, x x x x "The Basement story in 12- appears to have been former after "house was built, and in order to "sufficient reight, grown's appears "to have been lowered so as to bring "the present floor-line below the "level of the ground ground out sive the "building, consequently, the water " which escaped through the hole in "the drain, where it had been stopper, ; "flower into this story, flor "being only formed of loose dry earth, "the water had evidently descended as "the sand and pieces of word, straw, r "the floor round the hole formed in near to where the pieci of were all deposited " wall had fallen, " in regular circles, showing clearly by "these marks the whit pook like tendency, the water in passing "downware through the large openings "between the bouliers (upon which the : house is built) into the drain on the " lover sive of the house (on hot 503). water, in res removing the loose 个 "earth from between the boulders, I Fat or near, doubt caused the founications · little more that point to settle a than they hat I previously done, x proseeded to make a "more detailed examination "drain in question. It has two hoses in the upper portion of "drain ( in the presence of Overseer kattej "ore air the bottom the elbow "immeriately below the portion of the "dram call to have burst during storm of the 22nd ultimus. Upon taking up the covering stone some thrown into the drain, and a larse mass "discovered lying of night soil was In the bottom of the "drain immediately below the hole "said to have been mare in the The storms The "drain during wight soil appeared to have been "recently deposited in the drain, " was quite fresh and very little had on " "been washed away, although Stream of water passing down "the drains, thus in some measure "confirming the opinion which I "That previously former, whilst examining the opening the night of the storm. In my opinion, this hole was made in the top of the drain, "and that it was used as 1" receptable for night-soil and other "refuse matter, and that of the storm the water on the night : the upper portion of the drain was reater than usual that it could not pass down the drain "being place? "water way acrose it, contracting to such an extent as to 'cause the water to overflow, and premises, as before describer, The other hole was opened in the drain "new the building; thus, for the first "time, revealing the fact that the "drain passed under the house." A portion of the drain page 26. which pacces wiser the house was "found, and uncovered yesterday " afternoon, the 20th instant. One "Covering - stone is broken, two missing "and a portion of one "drain has been carried · the top of covering is broken, a large boulier was consequence of the two stones орти rearrying I have affrond affected portion of effected the stability of Ide, veited 4. The large boulders found the top of the ده در کند opy resinf any o nyx mg, myp nja apai haarj 2711 7 } biasaas by y neferinə tezzava opra mga i resting on covering reshing, s by the invising coverning stones torilder pravi nİN YIVI ة الام ل ور در کو درد دوی در یزد دادم prosesed for 3 to 44. FUJIJ BIJON underside of the adjoi. adjoining reovering thones, and the upper (g) avajai prop to mayent. had been carried away 4 sido rrall had & uns also Revered with large boulders, large waterway below. "The bottons of the drains is slice 9 intact. Sudging from the size I and position of the boulders, wexy broken at the time filled wis, by the EVAJ (OVITAVY (JI *** y) * * * J4. binaan ay pay mammalo je savj & top of tiem, and the side walle 4 appeared to have been carried anny by the water from a land pizzaw of pinnslur spun for the broke eninglovering for the water par haveinge prays I pray f ry opary levert kunna a sdh entined: flon ng through .", ་ ་་ ་ ་ ་ " the (life) time of the drosent house, & it's foundations bering very dejective, mayan enthy my far pry tervek, " of the drain ben above described":" Ovenecer Watts to Mr Borvaler, Acting Surveyor General. of the Cove 24th, 1878. "I found live or three covering ALL ANIMAAJÁ stones had been weight of the ow the top. Elarge stones reshing 4 On entering the drans, I forrned/ & about & fees to riv. of one of the ride walls to the drain ivas, Mr. Neate Sexspector of Builds, to ettr con Aler, tehing Sexrveyor 4 The hor isible to forsve thes direction of the drai "the property, but I think it prost probably runs under the Edenelling house. If so, it has " probably been damaged for consequently past, and ca Thas allowed the water lote. evaspartly destroyed. " The size of the drain 5 ། ། ༩ ་ ་ ཙ་ ། or three trvalls to sick! the soil ander the foundations and care this is l'all" × 1.7" and is in a fair state of repair, except ho : 4 of the covaring stones which in way prevented the water from · flowing through the drain : " In CS.O.N1504 A1878. -Minute by the Steuble. I. M. Price, Colonial weare eretary. 2nd July, 1878. The injury to At recused on right of the 22nd of tray, andis "by cray of indicating the spot; On walan ng hinup onaj (ppy } Suv map pranin agy poraza buying on opisina Porygonizing to my d in their riginal apright position, to as to conceal the irregularity (1108997 (227) Mj pry) you of two squarely ent oblong oblong stones , as shown in (Finom INJA SU** *}} yrybosfor parent prie piny na py Cover.clones not ever aters of the 2 palming abayap y י' (י יי (2 ( passage." In lieu of lak Takiing daily the Payou, the proper boat alo prachċi at Bel, ་་༩་་་་༦ as larverpizt Actcated au ngy gbringa sa pył g truall G push them mayənirja ryby any prinin dorp minus op "}}, biryasya asjana Whew the sto режа ")); ועייץ. 39.... blue arra sketch- and flo the surface of A covered the bangban phora qɔ paye, qa 12 p277 to the little ledge where & have sketched a bucket, ود گرده به در "hawn with sand and debris. " 4. If importunately pens that Belmont is Avery badly built be. It stands. not upon firme, solid, rahiral & made bank of large artificially & boulders, covered with a layer of made ear th. The shachur -cavities existing between the oulders belers: and f < bvwv orneko hads appear from the sinking of the foundations, which 4 only 4 or 5 inches deep ins places, " in ben of bering should have been, " to impart anything like stability درد و کرده و گرد به و جدایی preper foundations such asard Erequired by } is riddled ris 7 Oraeka Fransa, and it andreet the dirished with ts, which, they appeared, have plackredor Concealed. colour washs, from time to 4 time 4 The made earth Jupon which the house stand Irame easily melted and washed down site. hollowsand e this ence we are " able to prove that: no presible other thaw the hands of raw Could the tri upright shines have come " by the position is which y they were defected by ht 4 Bondler and * (o'n perseil on manguio) ☀ Cavities The addition "(b) that on the 7 of the following trondd NARO parratters still : clearer for Aiṛ 4, Coughtie (b) that do Fratts. th.o day after the shuru wi to Mr. Conightric espite of the two stones Thanrise been removed My Watts, 13 Aughtrice I deposit of fresh nightint in the sewer'. "(e) that after a tedious. rand very ༩་་༡༩༨༦་འཛ process of exearah the busquentations, iv order to avric at the drain to inspect it, the latter avas mewhere burrat ex Chokl It's water? rvice been vay proved to be free throughout, and dinite carried off all the waters of 4 subsequent that thu quich of the earth under thep, un tahine trar Canned wat be any collapex of the walking away fr of the carth behin ISA Soughtrie to Acting Solonial becretars. CS.0. N.3390 of 1880 Hongkong, 17th Excember, 1882. I have the honor to acknowlege receipt of your letter dated the oth instant (K1y81) and enclosures, and beg to thank It's tes Lovernor for kivity supplying information withhels by the Stonorable All Price, Acting Colonial becretary, in September 1890 contrary Excellency's orders and which Ihis Iseliensy naturally supposed until now si has been made aware the time. a loss to express my surprise at the action the Stonorable Mt Price in the Honorable S. Stewart, ££.£. Athy flonial Secretary. supplying are with a garteed document, apparently concocted for purpose, suppressing statements - mare by him so material to my interests previously made to the. Executive and which if It has been at the time I could easily have disproved. The issue of such a paper from the flonial Secretary's Office reflects upon the honove His Excellency's Government, and I trust the matter may be thoroughly investigated and the discreist attaching to it be visited upon the party biameable. The statements made being hitherto unknown to me could not possibly refute. Mr Price opportunity now avail myself of to wenig declare that the allegations solemnly false and palpably absurd. marc are are such as meither set Price: nos Ms Bowsher ever ventured to kint to me in the conversations we have have relating to the subject nos in of letters which have passer between the Surveyor Generate department and a The result of petition presenter by them is that half ago claiming simple justion remains unanswered to this "day, but under the circumstances I cannot feel otherwise than grateful that the subject has receiver at all! Festinately for attention me the good His Excellency the Governo and the Stonorable members Excantive founcil preventer them from accepting without hesitation the statements which I now find fuck forwars against me, though silence with regars to some of Write to les Price Minute by this Excellency the love 15th Freember, 1881. Transmitting to him for any explanations or observations he to make a the points (and those decirerty the most serious, whilst I was others must have tolê mainst me. In conclusion I beg to submit that the consuct of official a tendency to deprive : petitioner of a fair and just hearing انان اراک case is obviously culpable and juch as demands the most serious concideration on Executive the part of the Aigues; James B. Longhiur I have to his letter to les foughtrie dated 17th September, 1870. Day that the existence of this letter having knowledge. I mare گرا اب اسیا a minute whom it which enclose also for 4 information. Transmit also to set Price a copy of us loughtrie's letter boughtrie's letter of the 200 November 1880, my minute upon it of the same date, and the and Rehard 14th December 1880 Acting Colonial Secretary's minute 14th december 1000), and invite him to say how it came to have that such ommissions were mare in the official documents he had been instincted to send to us fouchtice (Signer) J. Pope Hennesy Acting Solonial Secuitars to Surveyor General, JF 1780. daure in Mṛ ughtress Letter Solonial decretary & Office, Hong Kong, 18th Excember 200 I have the honor, by direction It's Eveellency the Governor, to transmit to you for any explanation or observation desire to copy of your letter to Ms " foughtie dater" 19th September 1878. Mover 18807. existence of لی ان سالم آن است to ay that, the in this letter the Governor's knowledge Stis Excellency has mare a minute Emprediately following Join upon it, to enclose for givewondes M. 25th Nove 1/80./. copy of which I am your information. am also to transmit M's foughtries letter The Stonorable I. M. Price, Surveyor Pineral of the a oth ultime, of Stis Ivallencs= Minute whom it the same date and see me, dak of the Acting Colonial Secretary & Minute and Report of the 14 & instant, and how it came to you to say pass that such ommistions were made in the official documents had been instructed to send Ote Les boughtice. I have, te. (lignes ) Freerick Stewart Adding Colonial Secretary Arb 180. General to Istine Colonial bicriter. C.S.O. N.3405671880. Surveyor Gene als Office, 18th December, 100 I have the honor to reknowlege the receipt of your letter of the late instant enclosing a copy of unofficial note I wrote to le= loughtrie in 1870 and a minute on that note. circumstances is not in accore with of the Governor recollection und perceive places in a as to the that of the Governor sosition of some delicacy terms in which I should reply to your letter. 15. I certainly remember that the Tendency of the Governor's porabe & Stewart riting foloniar Pearetary. wind was the Surveyor General to Acting flonial Secatury. was not free from my department blame for the accident to Misfoughtries house and that consequently the isca arbitration might be entertained, but I distinctly remember that these were by no means It's Excellency's earlier sentiments. It is incredible that in direct opposition to the Governor's opinion I could have perined the note to W foughtrie, who at the date of that note was also personal friend of mine. In point of fact I addressed W. foughtie only after gathering what I considered to be It's Excellency's views and wishes in the matter. I have to. (Lignes) J. M. Price. Surveyor General. CS.0. N° 3404 of 1880. Surveyor General's Office, 18th December, 1880. In reply to your letter Jr 1480 of 18th instant with reference to the foughtrie case, I have the honor to state that before the points Mes foughtrie understand the Governor and or rehern reply it will be necessary for to inspect the papers in that __ case and I will therefore be obliged by your sending the same. I have to. (signer) J. M. Price. Surveyor General Honorable Frederick Stewart Acting folonial Secretary Ws foughtrive to Acting Colonial Secretary__ HongKong, Referring to my 16th February, 1981. the 17th December last (of which I have receiver acknowlegament) I now venture most, respectfully to crave for an decision in the matter of my claim damage done to my property for the damage "at "Belmont." of leaving absence for and it is of great importance to me that I shouls receive before my departure the compensation I have and patiently awaiter. I have to. (signed) James B. foughtice. the Stonorable F. Stewart, LL.S. Acting Colonial Secretary Minute by His Excellency the Governor. 18th February, 1881- I. have had some conference: with the Attorney General respecting this claim and would now be glad if ki would record his recommerisations so that are may bring it to conclusion. (Agnes) d. Pope Hennessy. Meinte by the Attorney Eeneral 19th February, 188/ I quit agree with the opinions of treeers Phillippo and Russell that Mr Corightrie has no legal right against the Government. But I think there. is a substantial doubt at present: as to whether the injuries complained of not canZE Government negligence of a denartment. Seeing the length of time for which Mr Corightrie has been waiting for from the Government, a decision nient, and the exceptional ephinal difficult, of comming to a determination. wron the facts I think the Government might refer live question of Mr. Carletries Clavix to some independent person to take evidence and report as to what was the caves of the injuries omplained: of and what would be a fair componention for thend. of his report theould amount in substance to tance to their ing that a department of the Government was to blame for what happened the requieito authority might then be obtained and compensation awarded to Mr Coughtrio. жидкогод St. Edward LO'Malley 19th February 1881. Attorney General. Minute by His Excellene. the Governor. 22nd February 1881. Let the Alterne General's opinion be acted or, if the trembers of the Excentiv Cormeil coneur. ( Sejnes) or Pope Ste thinks by the other dienters the Excentive Concil. By the Stumble it. Stewart I concur. (Eigned) Frederick Stewart. By N. E. Major General Donovan Sconeur. (Signed) EH. Donovan, Minute by His Excellency 23. Zebry. 1881. the Governor._ I should thick (explains Konsett, who, as Ma Magistrate is in the habit of Sakring evidence a.ws reporting on important Cases, would! admirably discharge the Attorney General indicates. Mf. I. Pope Hemcy. Governor. 23.5 February 1881. The Harbor Master to beting blonial becretaris Starbor Department, Hongkong, 8th March 1881. This matter has been referred and I have done arrive at a fair conclusion, but I ful that not being a fivil Engineer Architect I am the tash set me. scarcely competent to I enclose the evidence of Mews foughtric, M. Kinney and premises, I have visited the terrac, and roads which supplied the "old drain" as it is called in correspondence of the plan el do not think the line "Id drain " as shewn Honorable F. Stewart, LL.J., Acting Colonial Secretary rightly represents the sharp angle which the drain takes in its course from Mr foughtrics house through the grounds in front. The "old drain "as originally. many years ago made was constructed for certain work. To this the Survey department adder a somewhat larger leasing from Robinson Rond down. Beyme... Road emptying into The "old drain "— already a crooked one. From the evidence of Government Overseer of works, it Pratts, will be sun that the department dis not know the course the "old drain took through Mr foughtre's property, until it has been ascertaines laborious search. It was ultimately discovered between the vrandah wall and the house wall at the North treet corner of the house. Wet Watts states:- "I made " a hole in the yard (the lawn was "afterwares pointed out as ointed out as being the "place) to ascertain the direction of "the drain. It was not there, Eastwari "then discovered the drain." Previous to this Met bratts häs hole in the sent a boy down a dimin at the South West corner the house and he went through for 15 or 20 feet and then returned saying he coulo get firrther the batement. farther. The hole Cactivars was insive W Matte adds. It took me "drain) as " several days to do this (get at the the top of the Grain " was 8 to 10 feet below the surface of ground. I found the cover stones broker. I found large bouliers • lying in the drain but the house was them. I forms dire feet not restins the drani at this point, " completely broken in, and the drain "filled with boulders with boulders and sand. The the drain was intact but " the sives and top for 6 feet سال میں سیار and I could not discover the "gone, stones belonging to this part of the I do not think it possible for anyone to say what volume of water was discharged into the "old drain" on the night of the storm. The catch water drain may been chokes. I found it choker the day I visited it in company the Bowdler 12 guth ultimes), and, if storm to that a similar 22nd May 1878 ~ "had occurred the night of my visit, very large proportion the hill-sive would have the water into the Seymour Road drain, instead of passing along through the Catch water drain into the Sewer at the top of Pul Stuer. I also inclise Me: Bowdle's (Acting Surveyor General / contention the part of the Government. Ms Bowler states: The "water by weight found a passage "through to the drain below, washing the earth between the boutvers " in its descent and causing the : foundation stones under the North " West Angle of the building (which • rester partly large boulier partly "on the earth between the bouliers to cant over ceilings & cracking the walls, "Allowing two square yards water one foot deep to be over part of the drain found crushed in, the weight of water thereon would be about half ton. An expert will be better able greater weight good drain could bear. to state if that is than the top of a large bouliers "I tours in the drain but the house was not resting ethere is a two officers of difference between the Survey Department, but allowance must be made for the time that has elapsus length of time the accident. clapses since I think the report måte by folonel the Royal Enginees on the 6th independent opinion of 1880 is an what he saw, and the conclusions he came to the subject of the damage done to Mes boughtice house are entitles to great consideration folonel Stuart states in para 5c. of 6th January 1880:- "What happened I conceive to be this: The old Belmont "drain became partly brought into it constructio the new drain the Surveyor Generali department; "the old drain became gorsed at the " place of the land deposit unise the foundations the house; the water then "accumulate" in the drain and by ite -"pressus destroyes the drain, not only unser the foundations of Belmont but ata the surface of "weak point "ground higher up. This explanation Faccounts for each and all of the • circumstances that occured whereas Surveyor Generais Department, does not. difficult matter for to decise between" experts such as Solonel Stuart, R.E, Surveyor General Price, and Mr Bowiker Assistant Surveyor Peneral, are, but the question I being referred to me de I give it to the best of my ability; my opinion is a that the "oll drain gave way North West corner unier The of the house in consequence of the drain being required to carly off a much greater quantity of water than it was constructed to convey, conviction I I foughtrie originally and such being of opinion that trie is entitled to compensation. Met foughtrie's originale (3rd October 1878) was for f 1500. The claim attached to let foughties evidence amounts to $2,025, which inclures interest at 8 per cent per d think tu foughtrie is entitled to his original claim of I have, te (signed) It.G. Thomsett. Harbor Master, &. Minute by N. E. the Governor. 10th March 1881. Send Captainchematts report and minutes of Evidence, with the former papers, to the members of the Executio Commeil who will now probably be able to finially advise me (Signed) I. Pope Heimerry. 10th trarch 1881 Givernor. ني لا شي Miinutes the Members of the Excentie Comeil. By the Attorney General. 10th March 188) SHE. L. Oitialley, 10th March 1881 Attorney Generas By the Aching Colonial Secretary 11th March188$ I do not object to the payment of the sun mentioned by Captain Thornett, provided it is clearly understood that ie has 20 et foughtrie legab·elain on the Government for damage done to his property. Sr. Frederick Seivart 11th March, 10/ Acting Colonial Setz Pyjet. E. the Major-General Commanding Cantaris Thomveett, who seems to have attentively considered the matter, evidently thinks AS fonightrie has some grounds for elain on the Gtional Government, ith standing the legal! opinion that he has no claime end that the Cau 20. not with star It recommend that (which has been of long standing) firially disposed of by * foughtrie bevin granted i Amount (aplan's Thouvrett to receive. (Signed) E M. Donovan, Major-General 12th March, 1881 By M. E. the Severner. I concuri General Denivano recommendatid. a Note exccordingly be submitted to the Members of the Eviance formmittee for the sums (aptain Themett reports M? Coughtries ought to reecive. (chignes) I. Pope stemary Governor. 12th March, 1881. Minute by the desing Colonial Secretary. To Honourable! Members of Furance Committee for their opinions. (Signed) Frederick Stewart Fitz Colonial Secretary. 2/3rd March, 1881. Mirinks by Members of the Finance Commiller. By the Stow. Ng Choy. I concur in the General views expressed by Donovan . (Signed) NJ (boy. 24th March 1881. By the Horr. Won Keswick I concur. (5) W. Keswick By the How. P. Ryrie. I think that Mr loughtrie foughtric should be paid the anmount armed Thornett: by (apsain By Sir John Snow I see no reason why the sun names by Mr Thomsetti (Signed) P. Kyrie. 25th March, 1887. By the How .. US. To muchy... If it is understood that this is not to be a precedent for like claims I agree to the (Signed) M. S. Fennochy. 3rd March 1887 By the How. F. Stewart. vegued) Federick Stewart. 4th April, 1881 should not be voted). (Signed) John Smale 5th April 1887. Muinte by the Acting Clerk of Conneils. Laid before the Firiance Committee, and the amant awarded by faptain Themetts, vizh $1,500, recommended to be paid to Mtr (orightries. (signed) Arachoon Seth. Acting Clerk of Councils. Minite by this Excellency the Govenor Let me have copies of all the Minutes of the Excentive Connal in that care, of the Minutes in which the reference to Captain Thomsett Thomzelt, was made and the dulzequent Miniles. Ligred) J. Pope Huisny Hicciory 18th April, 1881. Misiute by the Aclung Colonial Secretary. Capers reade and Entritted. (Signed) Frederick Clewark Acting Colonial Secretary 207 June, 1881. mo. 115. Hongkong 15503 Mr. J 775eh. Sir. Mr. Pearism 2 Mr. Wingfield. Mr. Bramston. Mr. Meade. Mr. Herbert. Mr. Courtney. Lord Kimberley. 1. Meade J.S. 30. Sep. 1881 I have the honour to ack, the rec Zour desp. No. 1060 the 15th of July last relating to a clain made by M. d. Coughtrie { conclude nothing is for compensation aving be written to melkein. war to the bursting of a Mr. Book brand in Blue) drain under his house, in may 1878. 2. Thave to sanction the grant of to M. (ughtrie, which has been awarded to Min for compensation. 3. It has not appeared to me necessary any further action the subject, and I have now to return the original documento which were Enclosed despatch. overnor. HongKong (Subject.) way 108 Dr Stewart stevious Payer. DESPATCH. REG? 5 SEP Has reciped the post of Ag. Col. See % vaccumed mat of Police Magiskah Exclama papers relating his resepsion (Minutes.) bor Ploden & sex in Cornemise with 100 15775 Comus tack & forbearance three have prevented Lovenor from displaying pak qrave di Du Stewart's amisprint his convasation in request for 781--&S 1030) Capl Komsett corcing the latters the for's leave & incllate a libel pit. Or Steward; cxplanation was pahelch sauchelen, ¿the matter phones. have been attice I drop. The opportuning howwen police the consi's Cenpor for linging matting another attacks appe the holy Colonal Lection in prysing to Pallic Silchaffs 5 Det Remick (1486). I think it would have been prore discret if the Stewart had refpained from piquing that shop; to the formos place have repesocal him for doing so o alive the 26 mag whene (dated brage appear in to Pallic Pas, & mot in Excecution Cormal tis deoutts oftenwants Mrs K has in personal aut with therm Come Colony foremment " I ans auto lie. prochchion wanting in ongenality and aug the aluss hanted atmos folaire of thing thing freshness. explain the uncntiollalle dogurt of D. J. Poppe Hannally at this conticism of a system, which long suffering Colonial office pate allows him & pusmits represent. In care popes the former ufus & he Tharsh the Colonial Secretary's heave having been extended for fire prouts, and alludes & the in carvenera cassed 5 fat 5 fat by the acting Arrangements which are in conroquence necefpitated, when for another Le fall Ennarzed with the hating Ct. See hot the addas half; it appens to the i contain in very common place " reflection It appears & me in Where days in Hong Kong, it is expecly acaialle that Evry man Murals be in his Mack, and that the staff of fubstantive fpicas phoned be good And thing men ; of even temper af formal digestions Very few thing if populle. In the exusting plate of affairs while all are Guarrolling ranquing and hating each mane owns accordo abandon his can be timed at of t bedding of the foremos, whereas wore it Nenuise seach per filles his proper pitiation the Seasley of State alone could then an officed out, and the perplexatios of the Home for would be theres much lefpered in lizing Slide the Jervice. over the presente infortunate but chatening tom of 6 years This despatch calls for no Announ Gul Sept 9 most of there Horny King squabblers Comuned in it. this reflects little credit on It is untainly minorescent that Ни вы сый abrect purse thing thing at the Slune he thould retur I to strict colony. Is there ponibility of finding of finding him another part ? to while he could. when his (open K Sept 11/81 tiply moit ends? Prospection bacany Mind This actuel The Jastin Colonies whit uncl fures; hot of Ang eschapes baht he hanshe would be paralis for викоро стор there may be plate bacacio alseahue. I vek Sap 512. To the Dawat had His time sxfices in March and Ithink the but chance of relieving him joue as popithe will be to find at an Auditor for Cyprus. to march will be sutitled to his Pension in two years time which makes another diffinally in moving REGO 5 SEP 11 from H. Kong shewhere could be will faid place shewhere found for him. Der Bickerth might speak to Mr his return as of the Arrangement I have muted. Cyprus must have a financial Man of forme save them if not with the No. 108- Anditor, so that affiunul I think be safe. Dr Bickerteth. Mr Bickersteth It is decided that W. March is to be replaced in fijpnes by former with buch for the present to Ihry He means he tells me to make a He will feat it difficult! determined Effort to keep clear of with the Pope during the few dangs they must still spaced tozetten. 31/any MZA. Feb. 24. My Lord, Government rent Stouse, Songkong 24the Jerly, 1881. I have the honour. to report that Qr Stewart resigned his temporary post of Acting Colonial Secretary on the 23rd instant, and that he has taken up the duties. of Police Magistrate to The Right Honourable The Earl of Kimberley. Ster Majesty's Principal Secretary of State for the Colonies, which he had been Gazetted instructions. Your Lordship's ~ some weeks ago. 2. Your Lordship will see from the enclosed Minuted of the Executive Council and Dr. Stewart's letter that his ~ resignation Minute, Exec. Pouxor July 18 Letter of Or Stewart 25 Minuse of Governors seems to have arisen. at the Executive from learning, Conneil table, that public Address to Mr from Keswick, Overland China 26 May 1881. he had recently signed, contained, my opinion, a reflection on Crown Colony Government, and, in the et Attorney a libel ow General's opinion, Avron Colony Government; and, though a minor point, that I thought it would have been more prudent for him. to have, whilst te Acting Colonial Secretary, avoided mixing himself a matter in which the Chief opponent of the Government. Concerned. 3. I have promoted the next Officer six rank, the Acting Colonial Treasurer, Mr M. S. Fornochy, to be etets Colonial Secretary and Auditor General; giving the post of Colonial Treasurer (which carries a seat in the Legislative ! Conncil) Council) to a very worthy and able Officer, Mr Walter Meredith Deane, the Captains Superintendent of Police . continue to live in his Official Mr Jonnochy will residence : ree in the Gaol : Mr. Hayward taking his duty as eteting. Superintendent, and Acting Inspector Stanton taking Mr Stayward's work as work as Warden. I have the honour to be, My Lord, Your Lordship's Most Obedient, Stumble Servant. 15773470 REGP 5 SEP 31 Executive funct Present. Shi Excellency Government Stouse, Hongkong, 2200 July, Governor bis John Pope Hennellyt.c.ud. The Stonoratie the fotonel fommanding (folonel Stail, Rd. The Stonorable the Asting folonial Secretary. (JFF. Stewart) The Honorable the Attorney General (leward Loughlin Intally The Stonoratie J. M. Price (on leave) The founcil met this day by Special Summons. The Minutes Meeting held the last the 8th instant evere read and confirmed. The Governor laid bed fornecel the papers relating to application mais by the a Harbour Master for this bicellency's permission to take legal proceedings the Proprietor of the account of "Hongkong Telegraph" an article about Chinese Emigration to Australia which had appeared in that journal July, in language the 12th very strong was used such as "sham examinations," and this Excellency adverting to the special reason given by Captain Thomsett for desiring to bring the matter into the Courts of Law, pointed out that the printed papers which at the request of the Editor of the Hongkong Telegraph has "been freely given to him contained nothing reflecting on faptain Thom sett or any public Office.. Those papers had been prepared full and accurate information important Glamis fastle respecting which inaccurate version had been publisher in the Shina Mail the 27th of April, but in preparing the papers for the printer Governor had given that extracts only of instructions. of certain should be published and that the Government Order April should not be published because some passages involved controversial matter unnecessary for understanding the facts of the case, and that Government Order conveyer to faptain Thomsent the expression the Governor's opinion that the examnination of Thinese Emigrants at the Starbour Master's Office searching as it should be: oth admonition which it Governor's duty to convey to Captain Thomsett but which it was unnecessary to publish. That Government Order was sent to Captain Thomsett on the 26th April. On the following evening the article appeared Mail attacking from the "Perucia" in the Thina the Government case to the "Glamis fastle" case, and praising Captain Thomsett. Unfortunately, the application faptain Thomsett now of trying seemed to have the the Governor's admonition by justice of the wind in a fours of Law, insteas of indicating himself - if he thought it necessary convenient Official The Governor the Harbour Master calculated on his like a fury of those whose trâse interests were, in this matter of fhinese Emigration, rather hampered by the Imperial Act and the treat Ordinances, but such an action wont's be infusions injurious to the Publis Service and be I to Captain no real benefit Thomsett. It's Excellency therefore disposed in the interests the Public Service and of Captain Thomsett himself not to permission he applie give him the for, but he would not make up the subject until his mins on he has the benefit of hearing what the Members of forneil would Deliberation ensued when the Attorney General and the Acting Colonial Secretary said they could not recommend the Governor to refuse the Starbon's permission to bring his action for libel; but the officer Officer in formant the Troops thought it clear that the Harbow, Master by wind wanted to try something else, and concurring with the Governor's the matter he advised that faptain Thomsett should be tole that the proper to adopt with reference to the reason in his letter, was to lay the facts before the Executive, as in the the Army such a statement woul's be dealt with by a fourt of Inquiry. In the course the discussion that followed, the Povernor said he thought he could hardly avoid dealing with the actual fact that faptain Thomsatt himself has acker for permission to The Governor enquired how he knew that? If he was to understand that the Acting folonial Secretary has communication beyond the letters with Lafitain Shomsett? Dr Stewart that some the action, and days after written faptain first letter that fact gave opportunity of very naturally preventing the action: the Government The Acting folonial Secretary remarker that Captain Thomsett had subsequently with drawn that application for permission and he reason to think the original application had been made under some micepprehension letter was Shomsett came the Colonial Secretary's Office and asked the Governor had answered it, aged, whereupon to Thewart said he had port the question to him "Why ack the Governor's permission?" The Governor said it be regretter that the Acting folonial Secretary should have mare such a Ingestion to faptain Thomsett. He this for the first time and thought it was the Acting folonial Secretary's duty if he felt it necessary to make such suggestion to have reported the fact to the Governor who was the whole question at meidering the time. Making such suggestion to Captain Thomsett and saying nothing "the Governor the subject to was not very satisfactory to the Government. Dr. Stewart observed that he had acted with the best motiver and did not think it of sufficient insportance to report what had passed and that he had always avoider doing anything whatever that could be considered unsatisfactory to the Government The Governor sair that as QA Stewart had now mase that general remark at the forgueil table he would mention that a he had had a conversation with the Attorney General respecting a public addres to W Keswick that the Acting. folonial Secretary had signed which there was reflection brown folony Government-a repetition in effect, of what had - been often charged by two of the local newspapers against Is Majesty's Government in the management the folony. he remembered the Attorney eneral spoke of the Address QF Thewart had signed, containing frown folony Government The Attorney General sais that he has tali the Governor that the address contained portion of what he considerês libel on that was folony Government, and that the reasons why he declines to a sign it, and that he adhered to that opinion. The Acting Colonial Secretary said that he has fully considered the Adress before signing it, and if he had thought there was anything übellous in it or anything disrespectfon: tostis Excellency the Governor he would not have signer it; and adder that he wouls take another opportunity of explaining The Governor consueres in the Attorney General's view of the address regretter that Member of the Executive Government and the representative and Agent of the Governor himself should his high given the weight to the statement in the address reflecting Lovernment; and a frown folony Consideration was ales manifest that the Acting flonial Secretary would have been more have avoide prudent to mixing himself up matter in which the thief opponent of the Government policy was concernes. Peturning to the original question of faptain Thomsette - application the Governor haused in the following draft letter: 1. The Governor has considered the 16th instant, in you apply for permission to take legal proceedings against the Proprietor of the Hongkong Telegraph for the publication of an I here I article the materials given to him by Officer of the Government, who you -allege, has abnar his position by abused afforsing this information to the Public Press. The Governor desires me that he cannot the permission you to inform you grant you and that the proper to aropt, to deal with an in endeavouring Officer of Gournment who you allege has abuted his official position by affording information to the Public Press detrimental to your character as Government Officer, is to lay the facts before the Excutive, by whom would be investigater that fis I am to assure Excellency is of opinion that the course you contemplated is quite - unnecessary to vindicate character or to protect your position in the Public Service. the various to and that copies of Official papers relating to Emigration, which at the request of the Editor the "Hongkong Telegraph" supplied to hime, were so a supplied by the Governor's authority. I have to. The acting folonial Secretary said as to the special reason assigned by faptains Thomsett for asking permission to prosecute the Proprietor of the he thought "HongKong Telegraph," Captain Thomsett should be asked to state definitely what he meant; but as to the withholding of permission to vindicate his character, he dis not think that that should be done. The feit that his Offic Official shame and work were farce, he should deem it incumbent upon him to repel considered his official character as almost more sacred that his private character Acting Colonial Secretary. Its regares the draft letter to Captain Shomsett he said that he I agreed to it all except the works in the 2nd paragraph which refused him permission to prosecute. The Attorney General sad that he would advise the Governor to say in substance: 1. The Governor cannot interfere in the matter action by your position under the circumstances be productive of scarial and injury to the Public Service. The following papers previously circulated and dealt with were laid upon the table: another. 2. The Papers were communicated 2 by the Governor himself the thinks the # propose, is unnecessary protect your position in the public service. 4. She is advised that the taking Subject. Emigration Licences. 1958. British P.S. Cale" "Ulysses." Pawnbroker's Licences 1969. Lav Lining- Application for renewal of _ 1970. Lemyttan and to thing. 1628 Alterations in rates of Costage. Auctioneer's licence 2021 Mess! Stugher Hegge's Application for renewal of Legge of Mt William. A copy of the China Mail, of the 27th April last was also laid upon the This Excellency asfourne the founcil sine die. Rear and (signed) J. Pope Stennessy Governor. Confirme this 25th day of July 1881. (signo) Arathoon Seth Acting flank of for. True Cory Arathorn Seth. Acting Clerk of formile The China Stail. HONGKONG, WEDNESDAY, APRIL 27, 1881. THE question of Chinese Emigration to the Australian Colonies soems destined to follow the fate of that to Honolulu; but if the predilections of the Governor were only definitely notified one way or other, much dissatisfaction would thereby be avoided. For some eight or ten months back, diff- culties of a more or less irregular and |spasmodic nature have been thrown in the way of obtaining a license for shipping Chinese emigrants to Australian ports; and it would seem now that a fresh departure is likely to take place. The victims (if we may say so) in the present case are the agents of the steamer Glamis Castle (Messrs Gibb, Livingston & Co.), which vessel was ready yesterday morning to take her de parture with some 800 Chinese passengers. We believe that another telegram was re- ceived by the Government here, represent- ing that an unusually large number of Cele- stials were coming to Sydney, and asking what sort of people they were; and His Excellency the Governor seems to have thereupon hit upon the large shipment per Glamis Castle upon which to prosecute en- quiries. It may here be mentioned that the old blunder regarding the interpretation of the phrase "contract of service" is at the bottom of all Sir John Hennessy's action in this matter, and the tactics or investigations adopted in the present case bear a very strong similarity with those employed in the famous Perusin case at Canton. It is generally believed that Mr Phillippo, for- merly Attorney General here, gave it as his opinion that the common custom of borrowing a sum of money, or hypothe- cating one's household goods, in order to raise the amount of one's passage-money, did not constitute a contract of service within the meaning of the Chinese Passon- gers' Acts or of our local Ordinances. Pos- sibly His Excellency has obtained a different opinion from the present Legal Adviser to the Crown, otherwise the present action of the Governor is incomprehensible. It may or it may not be considered a good thing by the Australians that Chinese passengers bh admitted into the Colonies in large numbers; but it seems to us that a tele- gran announcing any opinion upon this subject is not sufficient to justify any irre- gular or vexatious action towards steamer. agents on this side of the line. The facts appear to be these: According to present regulations, all Chinese passen- gers have to be examined and passed by the Emigration Officer (Captain Thomsett) before the license is granted by the Governor; and although the exorcise of this rule has frequently been found press very unfairly upon ship-agents, it certainly gives the Executive a strong hold upon the passenger business. In this way the Honolulu trade was snuffed out, even when the Pacific Mall and the Occidental & Oriental Companies were desirous of en- tering into that legitimate business. response to the telegram business Australia already referred to, the Governor took steps to increase the strictness of the exa- nination of the passengers; but with that unfortunate fatality which seems to haunt the Head of the Government here, the manner of the thing has turned out to be anything but wise or happy. The Acting Colonial Secretary, Dr. Eitel (Private Gerrard Secretary) and Mr (Acting Registrar General), were deputed as sort of quasi-Board, to perform the fnuc- tions of the Queen's Emigration Officer. Had the arrangement been made in order to assist Captain Thomsett, or even to over- see and report upon the mode of examina- tion, the thing would have been compara- tively objectionable. As it was, the Queen's Emigration Officer was quietly superseded, and a needless jusult was thus cast upon an officer whose experience and more consideration. standing deserved The performance of the delicate duty thus indelicately imposed upon the three officials named might have been more successfnt had it not been that His Excellency's Privato Secretary, whose unfortunate position, as a kind of ever-present mouthpiece of the Governor, seems lately to have given him a Idash of overbearing bluntness that tends to an excess of friction whenever it becomes We understand that the in- apparent. terests of the mercantile community were well supported by Captain Thomsett in this matter, and that unnecessary delay was | protested against a fact which speaks well for the Emigration Officer's clear-headed- ness, the welfare of the tradal interests of the Colony being the first consideration that should guide the action of every public officer. This irregular inspection or examination of the passengers docs not appear to have produced very much more than the process usually adopted would have done, although we are in- formed that Dr. Eitel prosecuted his in- quiries more in detail, and apparently as พม an independent Sub-Board in his person. It seems a pity that this indiscreet and grating course of procedure should extend to all the Departments of Govern- ment, and that the Private Secretary should be compelled to extend his unpopularity to every section of the service. If the action now taken in regard to the Glamis Castle passengers has been decisive on any point in relation to the rules for Chinese passen- gers, it is earnestly to be hoped that official notice will be at once given as to the changes desired. The detention of steamers is a positive less that ought never to be thrown upon honest and reputable chants. Seating Colonial Secretary, Dr Stewart, to His Excellensy The Governor. " C 0. 15773 REG? 5 SEP 31 Colonial eberetary's Office, "Boughong, 230? July, 1881. As Your Excellency, yesterday afternoon, in the presence of the bolonel Commanding the Troops; the Attorney General, and the Acting Clerk of Corneils, made two grave charges against me in my official capecity, namely, 1" with a dereliction of duty in not having, as Acting Colonial. Acerotary, communicated to Captain Showsett had verbally informed is Excello way is Ihn Hope Hennessy, Kessely. my office that he had simply as a matter of courtesy asked permission to prosecute the Proprietor of the Houghong Telegraph; and, 2: with having libelled the Government in signing the address presented to Mr. Keswick on the sve of his departure from the Colony Knowing too, as Your Excelleney said I did, the personal relations existing between yourself and W. Keswick, I have the honour, after due consideration, to attached to the proceedings of the Executive bonnal I have to. (signed) Frederick Stewart Acting Colonial Secretary Minute of the Governor on the above request that Your Excellencey Excellency will be good enough to relieve me of my duties at the Secretariat, and to make the charges that I may in such a way opportunity of recesting them without violating the secrecy that _ attaches Before receiving this letter & head already got today a note from Dr. Stewart" enclosing to sue a copy of what he wished to have recorded as his statement in the Executive Commeil. yesterday about Captain Thomsett's application ཨིཏྟཾ ནུ པ, ཙཱ ཨི ཝི ཨཐཱ In a semi- Official note I acknolyed the receipt of his statement reminding him at the same time of what he had mentioned at. Council as to his wish also to record his explanation of leaving signed the address to Mr Keswick which reflected on Crown Colony Government. When this has been done, and the Attorney General's observations on the point ere also recorded minutes, Iwill consult with the Council as to D. Stewart's proposal to relieve him from the obligation of seevery attacking to the proceedings of the Executive Corneil. Meantime I cannot refuse D. Stewarts application to relieve sim from the duties of Acting Colonial Deonetary. Official information has just reached me that the Colonial Secretary's leave of absence has been extended. for six months; and, on the whole, it will" proper and convenient to the public service that Dr Stewart should take. the permanent appointment to which he has been duly Garetted, of Police - Magistrate, and relieve the deperintendent of the Gaol of the functions of Acting Police Magistrate. I may mention that a Jew weeks ago I had a conversation with one of my chief Officials on the alleged illegality of the Superintered it of REGO 5 SEP 31, the bongkong Gool acting as Bice magistrate and committing prisoners to custody. We agreed that whilst it was not illegal, it was, to some extent, inconvenient and could be regarded ould only temporary makeshift which as Mr. Marsh's leave was about expiring, might be tolerated for a little time loseger Now, however, that M? marsh will not return to Bonghong it is clearly better that Dr Stewart should relieve the Superintendent [ of the jool at the Magistracy. I shall go down on Monday to the arrangements. complete Ingued) Nope Bonnery July, 1881. Overland China Mail. HONOKONG, THURSDAY, MAY 26, 1881. "To the Hon. WILLIAM KESWICK. "Sir, The subscribers to the accom panying testimonial have contided to us the duty of its presentation, aud in their names and our own of saying to you a few words of farewell. The numerous signatures appear- ing on the appended subscription lists, representing every class and race of this community, will afford you the best testi- mony of the wide-spread appreciation enter- tained of your public career, but it will not be out of place for us to pass in brief retro- spect some of the more eminent services you have rendered the Colony. "Chief among these stands the able and straightforward performance of your duties in the Legislative Counch, where you have for so many years held a seat. In a Crown Colony, the position of an Unofficial Men- her of this Council is full of discourage- ment; having no power of initiation, and with the certainty before him of being outvoted if in opposition, his task is limited to criticism of the scheines of the Govern- rent. Your labours in this direction have been of the highest importance and utility, and more especially as a guardian of the pablic purse the ablude you have un- flinchingly maintained cannot, we think, be very well over-estimated. The little leisure which the pressing responsibilities of a large Mercantile House have left you, you have ungrudgingly bestowed on many other public affairs. As Chairman of the Chamber of Commerce your wide experience and knowledge of business have been of the highest value. The City Hall owes much to your care and attention. Schemes of Charity and for the assistance of the poor or friendless have ever found in you a ready sympathizer; and thore are but few Institutions organized in this Colony for humane or charitable pur- poses that have not profited by your liberal aid and advice. "Not less worthy of mention have been your services to many of those public com- panies with which much of the prosperity of the Colony has now become identified. To your power of labour, business capacity and grasp of detail, these important con- cerns are in no small degree indebted for the prosperity they enjoy; and it is no slight to others to say that probably to you more prominently than any one else, is due the confidence which joint-stock enterprise now enjoys in the Far East. "We now beg to bid you farewell, and with every wish for your enjoyment of your well-carned holiday, we remain your sincere friends, P. RYRIE. ADOLF ANDRE. J. Ross ANTON. F. H. ARJANSE. GEO. MURRAY BAIN. E. R. BELILIOS. J. BRADLER SMITH. E. BURNIE. C. P. CHATER, J. T. CHATER. A. COXON, D. R. CRAWFORD, H. L. DALRYMPLE. WM. DANBY, WILLIAM H. F. DARBY. J. KENNARD DAVIS, H. L. DENNYS. GEO. B. EMORY. H. DE C. FORRES. WILLIAM FORREST. H. Foss. F. GROBIEN. WILLIAM HARTIGAN. C. H. HASWELL, JK. THOS, C. HAYLLAR. GEO. HOLMES. H. HOPPTUS. T. JACKSON. Ko Moor WAH. WILLIAM LEGGE. LEE TAK CHEONG. J. LOUREIRO. E. MACKINTOSH, ALFRED T. MANGER. D. McCULLOCJI. A. P. MCEWEN. A. MolVER, H. M. MEHTA. H. N. MODY. W. M. MORGAN, S. A. NATHAN. H. I. NELSON. A. NEWTON. J. NOBLE, E. C. RAY. WM. REINERS. J. A. DOS REMEDIOS. A. G. ROMANO. Wa. Ross. D. RUTTUNJEN. F. D. SASSOON. D. SAYLE. E. SCHWEBLIN. A. F. SMITH. FRANCIS SNOWDEN. J. ENSTON SQUIER. FREDERICK STEWART, The address was tastefully engrossed ou parchment and beautifully illuminated. THE KESWICK ADDRESS. To the Editor of the "CHINA MAIL.” May 18th. Sm, ---I was one of those who signed the address to Mr Keswick, and I most cordially joined in the strong protest therein lodged against the discreditable way in which our Colonial representatives are disregardled, in consequence of the established principles of our Colonial Governments. The objections therein raised against the systein of govern- ing our community, are precisely those you and your contemporaries in Singapore have constantly urged. I was especially glad to see, in looking over the list of signatures, that there were even mombers of thei Government who had the mauly courage to endorse the protest (be it said to their honour) against the principles of Colonial Government. I take exception to one part of the address, as I do not remember during the past few years any M. L. C. mrging retrenchments; but on the contrary some officials whose salaries were already large had them raised at the suggestion of Mr Keswick. The officials were the Harbour Master and the Surveyor General, and the only one who objected and boldly stood up for retrenchment was His Excellency. HONOUR TO WHOM HONOUR IS DEE. dụng trong No. 15774 (Subject.) DESPATCH. C. O. 487 15774 REGO CSEP 30 Commercial Progress 1881 of Hongkong fevious Paper. Forwardsexhest from The Hongkong Telegraph of July 21 on the onlegget (Minutes.) Puth and Sese 8 781-1&S 1030) REG? SEP 31 My Lord, Government Stonce Hongkong, 27th July. 1881. In the usual course sent to your Lordship, without comment, copies of the two local newspapers containing The Right Honorable The Earl of Kimberley, Mafety Principal Secretary of State for the flonies, series of somewhat sharp criticisms fornail of statement in the 3rd of June, about the progress and prosperity of the Colony. now venture to lay before Your Lordship article from the "Hongkong "Hongkong Telegraph" of the 21th instant, and I do to not because it is written in a somewhat more just to the Government but because it refers to some other newspaper articles supporting the put forward that the_ important commercial changes taking place in Hong Kong With a share copy detrimental to the real interests of the local foreign trader, but that, in fact, in these matters Native and Foreign interests are one. I have the honor to be, My Lord. Your Lordship's Most Oferient Stumble Servant, HongKong Jr. 109- 27th July, 1881 Governor Sir John Pope Stinnelly, K.c. ib. The Right Stonorable. The Earl of Kimberly Transmitting newspaper extracts showing that the native and foreign interests are alike benefitted by the Commercial changes taking trong trong place in Hongkong Telegraph. Hosokoso, 21st July, 1881. We are glad to find that the crus- ade wo have initiated against the unjust and scurrilous system of journalism, which has for some time past made the local press of Hong- kong a jeer and byeword in the Coast ports of China and Japan, has met with universal approbation in almost every town and city in the Far East. For the good wishes we have receiv ed from all sides, we are truly grate- ful to our friends, supporters, and well wishers. As we have commenced so shall we go on, independent, fear- less, honest, and impartial, alike in- different to the smiles or frowns of great or small, so long as our actions merit and receive public approval. It will be remembered that in our issue of June 21st we called the at- tention of our readers to a series of articles which appeared in our morn- ing contemporary the Daily Press on the Census Returns. The articles in question were supposed to be an analysis of, and critical commentary on these important Returns, written with the two-fold purpose of abus- ing and vilifying the Governor, and trying to prove that His Excellency had failed to show that an increase of population meant an increased prosperity in the Colony. We then stated that our contemporary's special statistical leader-writer had filled the columns of the Press for three separate days with a farrago of unintelligible rubbish, and we are now exceedingly glad to be in a po- sition to place before our constituents extracts from two high class, and thoroughly independent journals, which are honest, impartial, and practical criticisms on the identical Census Returns, which caused our local contemporaries so much tribula- The Hiogo News of the 4th instant, after complimenting the Governor for his clear, succinct, and very inter- esting description of the develop- ment of the colony, goes carefully through the statistical portion of the 6 SEP 31 speech, and concludes a very able "Taking these figures as authentic, as they most undeniably are, it is im- possible to question that Hongkong is fulfilling the intention with which the island was originally occupied by the British Government, namely:solely and exclusively with a view to com- morcial interests. This favourable ro- sult arises in great measure-according to Sir John Henueasy-from the en- couragement given wealthy Chinese merchants to settle in the Colony and purchase land there. article as follows:--- Altogether, His Excellency's review of the Hougkong census disclosos a remarkable increase of prosperity in that distant dependency of Great Brit Rin. We feel confident that some of the most bitterly opposed measures of the Governor have contributed largely to that development, and also that when the mists rising from present passions and prejudices cease to ob- scure their mental vision, those who are now the most uncompromising de nouacors of Sir John Hennessy's rule will unhesitatingly acknowledge the many and valuable services he has rendered to the "Island of Fragrant Streams," The Japan Weekly Mail of the 18th ultimo devotes a long leader to the same subject, which is well worthy of reproduction, however our space will only permit us to reprint the following paragraphs: ---- "The remarks made by Sir John Pope Hennessy when laying the census returns of Hongkong before the Legis- lative Council on the 3rd instant, are full of interest even for the foreign community in Japan. His Excellency points out that the returns furnish data for answering three questions, viz:-(1) How far the Colony of Hongkong has really fulfilled the ob- jects for which it was established; (2) Whether it is true that there are no trades and manufactures in the Colony, and (3) Whether the large transac- tions in land that have recently takon place, are speculative or bona fide results of healthy commercial progress. The first question involves a further query: With what object was the Colony established?" This Sir John answers on the authority of Mr. Glad- stone's utterances made thirty-five years ago, and on that of events which have since then justified those utter- auces. Ilongkong is a purely commer- cial colony, and the "substantial pros- One Enclosure. perity" it has achieved in the last four years can only be equalled in the Australian Colonies." This is in truth a tantalizing contrast to the state of things at present existing in Japan, hat Hongkong, too, has had its gloomy days; days when the local newspapors liftedup their voices and cried:-The fate of Hongkong in sealed. What little trade we ever possessed hero has been all but extinguished.” Now, how- ever, that "little trade" sapports a community paying taxes to tho amount of a million and a quarter dollars per annum, and includes an item of sixty- eight millions dollars yearly with India. There ought not to be much more doubt as to whether the Island of Vic- toria is a military or a trading station, neither ought the colonists to grumble any longer about that old bele noir, the contingent to the red-coats. The question about the trades and manufactures is answered no less satis- factorily. Sir John cites a great num- ber of industries now successfully carried on in Iongkong, amongst them a ketchup manufactory, from which bundreds of barrels are forwarded ovory year to Messrs. Crossc and Blackwell, who bottle the sance and reship a good deal of it to China! In this context it is interesting to remark, that the trade in Bombay yarn is steadily increasing --from $1,706,913 iu 1877 to 5,251,246 in 1880--and that the rapid development of activity in this and other items, promises one day "to out- strip, and perhaps enable the Indian Government to curtail, the trade in opiam.' It is, however, to the Governor's remarks with regard to the third question that we particularly desire to The direct our readers' attention. large item of $1,700,000 on the traus- fer of property, almost entirely for commercial purposes, to the Chinese community during the last eighteen months, is justified by the fact that in four years and four months the native population of the Colony has increased by 20,582. Beyond a doubt Sir John llennessy's so called "philo-Chinese " policy has had the effect of attracting considerable numbers of Chinese to Hongkong, of inducing ibem to settle there, and of thus increasing the pros. perity not of the native community alone, but also of the foreign for Sir John is plainly of opinion that tho two are inseparably connected." Our northern contemporary, after making reference to the well known mercantile qualities of the Chinese, which make the Chinese Empire a safely progressive country, directs the attention of the Japanese to the great advancement made by the na- tives in Hongkong in the course of the last few years. Specially referr ing to Sir John Pope Hennessy's speech on the Census Returns, he "There are lessons here for the Jap- anese as well as for ourselves. They will do well to study the "commercial qualities that make China a safely pro- gressive country," and tos shall do well to remember, titat, as in Hongkong, so also hero, the prosperity of the country we live in is our prosperity. Native and foreign interests are one, An immense stride in the right direc- tion will have been taken when this faith is subscribed to by both sides. If the denizens of some supernal region might look down on us with an in- telligent eye, they could scarcely fail to marvel at this strange idiosyncrasy that impels us perpetually to proclaim onrselves alious by speech and action, while our interests and our desires alike dictate a diametrically opposite course, After all these years we have barely succeeded in finding room to stand here and there on the verges of Japanese territory, and have not yet begun to make it plain that western capital and western onterprise are what the country wants far more than either the abolition of extra-territoriality or the revision of the tariff The Chinese are fast discovering the invigorating effects of foreign contact. They held back at first, but sagacity has with then supplied the place of versatility, and we dare almost predict that, unless Japan speedily becomes more liberal, she will be distanced in the race despite the long start her early activity gave I her." Those of our readers who know anything of statistics, and who are sufficiently interested in the real pro- gress made by this Colony during the past few years, to devote the time necessary for a through comparison of the Governor's speech and figures on the Census Returns with the res- poctive criticisms of our local papers, the two above named Japanese journals, and the Shanghai Courier, will have little difficulty in arriving at a satisfactory conclusion, as to the actual value of the utterances of the China Mail and Daily Press, on what may be accurately enough described as the leading question of the present Government. Jovernor, messey 110 Lasterious Papr. 781-H & S 1030) Hanghang (Subject.) DESPATCH. CO. 492 15775 mination Chinese Emipants Few and application Harbour permission to of the carbon tasks for for libel against the Whang Lelepaph (Minutes.) There is I expect posting behind the information groin here is Captain Khomself should have found out his pration in Cogent instance, & this have hought his action for libel without u. Lovema's Cave I with Le but some the official proper has before to Lapislative Comal on this matter, coff of which is enclosed, been laps Come in 25 Ilahive the Tropiclon Dept this office has hid Loss C mata to escamination a rectif which is that the engrants are & Jane that De Contact "capten Konnte verpaille pochexcite of the remaining 835 Eust Sept 9 15773, which phonlot I mote the above before Then read

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