港史文本 - HK In Texts: CO129/3 - Foreign Office

S 250

co 12.

1843

Vol: 2 Loreign Office.

Foreign Office

Sute: h:4.

ECEIVED

JAN. 7 10-13

hos 6.8.9.11.12.193.16.

30.

Sir

51 China

Foreign Office, January

5.1843.

Tam directed by The Earl Aberdeen to transuich to you, for

the information of Lord Stanley, Copier of Despatcher, as marked in The margin,

which Lord Aberdeen

d to Her

has addrefeed

majesty's

Plenipotentiary in China ..

Jam, Sir, Your

для-море вер

most obedient

humble Servant

Matteplecen / Pray per a text mucale from me addressed to s Slimeyf

It has I understand. kun hemm been agreed Mul to Citadin will prwatch untionate the different. objection to the If Dolls and

desuing

him to suspend

Moning angling to commit himself - and that we are to address that t Officially in preparahing for the heal hearts Bruner all the lures,

under Maur Muller

M. Souille 2 Paper B. Somitte

Pie, a Paper

this subject, which

Jant

نام منه

I drow up for Lord Stanleys nformation, and which papad for his sortig's hands into there of Lord Aberdeen. If by privately afflying There is, I understand, at the Foreign

Gentleman there, you conts obtain the Offer for me

a prepare for home as not to admit of any copy

know how to proceed

being made: and Lede

such

I should be glad fit. It

was willen in vect

not

without it.

The propers abounded to by

подов по

Cauley

Chunice

of reading

Not haviz had

We repler's hands-

registered yet non passed Image youapperceive have ut bene

came late last night & as

The accompanying kakels

opportunit

ur!! remaris on

trive to it as I mederstand. the following observations secue

have been quin effect to. but

Whether accy of his daggestions

the drafts_ave not sure

to be the case you propose

an enquicer

sending out an Officer oughts any steps. to be taken with refercecce to the Public suundunge particularly Barracks & Fortifications, until he is on the spot. He could I have no doubt go out- by the next mail-

2th It is card down Grondly

Het his serceme is to bei Expected from Extious Amports

or export duties

Is it re

uitiided & leave it out o

the leagues

Wather to suggest

duties in creek thuig as are consumed in the Island - partien Carly Mirits wine tobacco ta-

gch With a view to securing The comme which may be

нашие Derwick from those sources without having to recke Compensation (as was formed hecessary in the Australian Homes) to Distillers to will

you not at once prohibit distillation and Totales" planting?

Ng. Juough there is a dorucant comme" appointing the Off redunt the 2007 iperent and it is just of mind

　　　　　　　　The yout that on a vacancy.

would devoton upon

Ifpier commands

спишила

is it not weessary

Aces

The coops

that there

Should be a formal provision

to that effect -

M. Sperceive theal is the unspeciem Fates the

system of a double Correspondence is adhered

Galt Jant,

of en

ら

Mr. Stope.

In a Manite Isent the subject

to Lord Stanly

of Hong Kong when he Terashed

at Windsor, Ipointed

was

out the difficulties which then occurred to me about the Freyn Office instrutions. Writing in a hurry Spassed

over one

which I afterwards mentioned. to you, and which I non record. It was part of the plan.

to declare Hong Kong a Rectort

Tree in a sense so absolute

and Jill an

and

that

• no duties of Customs whatever should be levied there. Schall

not of lunce waste your time

or my

un by

oing

remark on

this general policy, But, assuming

the soundness of it,

I would observe first that indess great circumspection be used in the lemonncement of it, the lovemment will cease to be pee Agent,

the subject. It

ish

ento.

very perilous thing to later

　　　any engagement, express, impleed, with mercantile people, without first weighing most maturely the terms of it. Secondly why showed a Freeport have no Customs clutits at all even

:Astutes imported for Coral Consumption : Wistics at thoughing in the Jobono, Spirits, Opin conanned there, would probably produce an limple Kerenne,

real hindrance to

　　without any Trade. There will be great

difficulty in getting aldreine

If there.

from other Rourees.

is not alustoms Brenne then

Can hardly the on effective bacion

Revenue. Edoubt whether there is in the world a port so pee that no duty whatever is payable imported Article. It any is not so at Gibraltar, at Mondma at St Thomass, now, as I believe, at Singapore. We shall have great need of monly, great difficulty in obtaining. it from the Monial of Commons.

are aware how vast a при You are

and

سلمة

sance of Colonal Revenue Mini

Vestits are Spints, and Sobarro Nuties expinally of you prohibit local Wrotitiation _ a probubution which should be proclaimed without aday's delay, of it shinta be determined to restrict the peldan of the Port in the sense and to the extent which I have mentioned. /5 dan

سنگهای

Stanley

After speakin Ayou Mis morning on Mis subject I seek the forefong holes.

need

Than

Jar 5. Share spherd to and Aboden in this saljeet, and he will printech coutin Fire d. P. Within hail not to allow. exaggerate expectations to he founded in the lem of Free. Fil. Before the wish mail he ant with to han

suggesting

chicle wr

han to make

on the sahine Had? of the Colony, shinell h missier to Sie H. P. who will, in the inhitin

take no chrision stoper

Hong Kong

Love Sentry

The accompanying

Tähers

from the Foreign Office, include the Drafts of mine bespotched to Sir thenny Pottinger, with the Dropts of two Orders in

Dormant Comunission Aloke I think that your Serachch seen those popers, it

Corneil.

and a

has already

will perhaps dimmish to come slight extent your

ascntaining

trouble in

the lexact posture of these leffond if I briefly recapitutate

the object of each of these Document

N.1. / Infer to my

figures

Des petit

pencil on the back).

10 Sir M. Pollinger

prescribing to

Coma he is to pursue for cotablishing Butish Govt. at Hong Hong, provisionally

(and until the interchange of the

Ratifuations of the Treaty shall have ematted the Goverment to make more mature arrangements for that purpose.

Nr 2 lays down the general,

rule that the Government Joke

Trase and the

Bingthong, are always

mited

sobe

the same person; and then fore prescribes that in the event of a vacancy in the local luvernment, the Maministrator of that Office should also assume the Office of Superintendant

N3, makes privision for defraying the immediate and mintable expences of the Government of Bingbing.

No 4 is intended to regulate the rights of Grantees of Land in the Island, in cases where such Grants

have been made before the may arrival of these instuntions.

N5, discots Sirtt Pottinger with your Lordship

to curespond with

　　the leffore of his Government, and with the Treign Office on all matters cameches with Butich

Trade

Trade and Breign relations. 11

し

N. 6. relates entirely.

the Opium Trade.

No 7 promises the leppointment

of a Colonial Chaplam.

No 8. relates to the contingency

of the Emperor of China receding Fran his Engagements.

N° 9 relates to Surt Voltinglés

resignation, and the Mission of Liontenant Colonel Molcome

N. 10 is a N°

Donnant

Commissin

thorizing the Admnistrator of the Gouemment of Nongthong act as Chuf Superintendant of the British Trade on the libsence of any special affintment of such a Superintendant

N.11, is the Draft of an Order informsel, directing the 3444

Court Constituted under

Matte 4t for the Tual of Offences Committed by British Purlyest, in

China

China, shall be held at Hong Kong - and that the Count shall have jirrisdiction mer Offences Committed

within Hong Kong itself, as well as within the Chinese Dominions, and theit the Superntendant shall be the Suage of that Count.

　　　　　N. 12. The twelfth Document extends to the Trade carried on

our

by Bitish Subjects at the four Chinese Ports & at presentin Military occupation, the powers formerly given to the Superintendant. reference to the Trade of Burtish Subjects at Canton

　　　　　　　Idols not appear Some necessary to trouble your Indship with Criticans on

　the forms by which the authenty of the Governor of thongting is

thirs

thus established and defined. They will probably be found quite sufficient for the immediate pinpore. Few of the Residents

at that place will be disposed, and feirer still will be able, to cxannine into the foundations of

Them, the lintherity put

and

no me will resist it. But

before long Layers will make their appearance in the place, and

that without will perhaps so

say

and that a

Commission from the queen Verself, no one is entated to exente the delegated anthonty of the Cown. for the Gonemment of the queen's subjects - mere despatch from a Secutory of State for such a Commission. The prostical inference is, that a

is no valed substitute

Commiazion

Commission for the Gerienment of Hongking. Conta issul as soon possible, expecially with a veen to create a Laus, making power there. Ido not perceive why this should be delayed: "" till the interchange of the

Retifications for the Island non belongs to Her trajesty. bylonquest, and the formal Cession does not create, but merely confirms ther litte. Nor do I ell why it should be postponed till the Apportment of First Painger's Successor, for it would be an instrument availing to that

successor, as well as to Ser

4. Pastinger himself - that is, not a mere personal appointment, but rather a creation of the local Government with a view to the

Futurs

८

future

times.

(if it be

as well as

to the present

In a more material

: be a well founded / remark tat the Document, I have enumerated leave insected the question. Surt Pottinger

to die.

suppese

who is to administer the Gout It is determined that the lexminis

in that Contingency be Superntendant of the Trade. But the Succession to the Government is I think

a trator of the God! shall

not determined

Lana at

The regulations regarding at Hongkong are very

how much important, considering. the Sand And is regarded

aded as the Revenue. The

source of future Hispatch which Shaul mumbered for conceived in such aspirit

of liberality to the present

Oterpart

oumpouts, and

of Confidence in

Sirt. Portinger,

as unet Ishonca

think greatly impair ches resource. Des claims to linfidence

Idoubt,

not are as

man Can

　　　　　　　　　as great as any.

on persess, but in. these cases the motive for inthholding Confidence wandt distrust of the party towhom it is to be given, but distrust of his ability to make head effectually against mireasonable demand's when he has peremptory instructions under which he can

　　　　　　　shelter himself from then. Inso narron a space, and in a neighbunhood so pepatons, it will probably be found

be found that

all

the

ми

　　　　Good land, expecially all that is good for Birding, have been given away within the-

And

ད

first mouth after the ammal

of any thing approaching toon authenty for that pempore. On this subject your Ludship's experience unot have lought you so much of the rapacity of Secters, and of the facility of Livernors, as to have induced

чиств

you to regara liberality part of the time Govt as at best a very equivocal virtut Ideeve A is haraly possible t

be too rigid in opposing

the occupiers, pretentions

the aspirants for the courpation.

the

of and in a folorry. It will sell in the future Capitat of Hongkong at a price not inferior to that which the Coun Soins for Brutding Ground in Regent Street. Atleast

such has been the lase

Every

where

where else. An More of Land in the best post of the Join of Auckland, in hew Zealand, fortune to the prestson of it.

he is to

сай

under

and

on, would seem

　　　　　The remark which. reading these papers presents itself most frably to me is,

that the divised authority. which the future Governor of Houghing is to be placed, a

the double correspondence which

　　　　Lowany hardly compatible with the successful discharge of his antils. Lassume that one (and the same person must be Governor, Superintendant op trade, Read of the Corrontar totabelishment, in China and Channel of Communication with the Chinese anthertits. Itin

Assumption

indeed which I could not justify

by what would appear to myself. good reasons, but I have no

doubt there are very good. reasons for it.

Shave no apprehension

that there will ever be two Secularies of State who will not cooperate harmoniously in

their instuntions to this joint Agent of theirs, and Suppere

that

yuu Jerashed and Lord Aberdeen will be able to determine how the Governor- leverner. Superintendent, be chosen, and how provision is to be made for his recall should such a stop ever pre necessary. But though Stationen in England intent on National objects, and excempted by many caremmstences from the petty Jealousies which distract their

suberdindes

Subordinates, our experience

this Office shows that such Jealousies are the Curse of

petty Colonial Societies, and

all

scarelly

　that Gremors. are above then than the humblest of their officers. From one end of our Colimal Empire to the other there is a Constant

exhibition of the mischievous effects of the local authoritits having different Official Superiors in England. Nothing

will

ever convince them that the public appices here will not aquabble with one another

and we are const

Lone

behalf of their respective dependants,

Constantly intulssing all manner of foolish things and written in the confidence; suffert from the sets of the Treasury, the Board of Ordnance,

and so on.

If two Officers

writ

with different Superiors and quarrel with each other to the great hindrone of the public good, "the danger it may of comse) be said cannot arise where the some man has two Superiors, unot, if he quarrels, sustain=

person both sixes

Cand

in his

The Answer

of the Controversy Japprehend is first, that though

the Comemor and Supermbendant will not scoperte with each other. while the Same man holds book Offices, yet that he is almost sure to be dissatisfied with

the one or the other of his two Official superiors, and to quote me against the other, and to find out that their instrution, are incompatible, and to endeavour to obtom the Support

one

of one Secretory of State agminal

bis

lins Colleague, _ and, Secmaly, thre there will be a standing fund

between these who are subordinate

and these

lotion as Gonemer, who are subordinate to him as Superintendant _ between the

dependents

and

on the Colomnal Offer the dependents on the Brajn Office _ and that no temper, however amiable, and nosporit however firm, will be able to allay

avord

lese - Contentions, or to

being drawn into the vortex of them.

　　　　　　Itill be much more. difficult in practice than it is

theory, to distinguish between the functions of the Gonemers and there of the Infurmtendant_

Alinest all that

is done in one

Capacity, will have

bearing

direct

on what is done in the

other

し

other, and it will be hardly, possible to keep separate the two links of Comopondence, whether it be anxissed to the Secritarits of State, or trother

ло

practical Conclusion that, asorming the impossibility

of a separation of the two Offices, it is best not to attempt a double correspondence

adouble anthonty and

this Country, but that the instentions of both Secretatie, of State should be conveyed to their jointe Agent in the

Мате

and that of one of chern, the whole correspondence with that joint Agent should formally (and ostensibly be conducted by one Scoritory of Slater alchi really carried on both by buck.

such an arrangement

Awkward

sand

sounds.

your Teraship is well

aware that it is a proceeding of which we have excomples

attesting

the practicability and the advantage of it. Fir

Letter

and

example, every

　　　　　　　　　　　　relating to fawrists in the penal folonies has hitherto originated at the but how apparently Home Office, proceeded from your Lordship or yun predecessons here; itseldom happens that a mail leaves this Country without sune. orders from the Treasury to the Governors, which Orders horncour are drawn up in yun hame and hear your signature. So when the new Brunswich Boundary question and other matters were in debate Cand

　　with the Wiited States, the Smamon of our north American Turmees Continually received orders from the Foreign Offer of which the Head

ико

of this Opper was the lipparen auther. In all these tools (and

marry more might be cited) the

object. was, not to pilolit differences at home / which there was no reason to apprehend (but to render the Mume authority

Home

it in the effective by rendering

eyes of the local Anchnities single and decisive. Lord Palmerston, not Love Johntussell

really

dismissed Sir Johnkterli

mstead.

from the Government of New Bumownk; but if he had. applored to do so, the icoane,

being received with silent acquiescence, would have been the signal of interminable contienersy

a bitter and

not suppose impelt

tobe actuated in mathing this suggestion by colicitude for the importance of that Branch:

the

　the Gruemment with which I am connected though it is very possible

that I may be so

unconsciously ofno

This however is a maller

importance at all as

the suggestion

is worth no more than the value of the reasons I am able to

axsuce in support of it.

the Ladd the Drifts of proposed Letters to herd Saltenn ) mi thoke tells me that Sortugh lesfill have left China) and

to the laminatly.

ง

শ

M. Nope.

MV. Hammond from the Incign Otheir brought back to me this letter proposing that it should be altered anording to the pencil alterations which you will see in

6th page.

will see in the

addressed

"The Instruction already adhouses his

4. Ser 4 Pottinger vertically anthouse, his

Lound on Building

on Building heauls, and

granting

the object of the proposed change is

the letter from this Office

Webring

into conformity

Feb. 3

with those motuitions

Cillian

372h J

ches ind

پایا

Addington Lay.

Greign Office

In Stathe

1843 13 det

Lord Stanley 20

Mow.

I have written this Drift-

the eviderstanding that a

you

tota

me that the Papers had been cent from the Freign Office with the

کے

سعد

"Jan 51848

I have received

Letture

and have laid before. Lord Stanter your

the 3

and In Instant, endesing

Copees of chit chespatcher, and an extract from another Dispatch addressed bych tart of Aberdeen

to this Plempotentiory

express dieu of binging out these in Chica

remarks, and this Lord Stantry wished that they should be

so brought out. You will best

know whether I undustood you enrutty.

future Z

the qubject

Cexed to

of the Feland of Hong Kong, lately Herrajesty by the Emperor of China. Lora Stanley (diruts

request that you will subunit for the Consideration of Lord liberdeen the

Following remarke

suggestions

sulyet

to which then Deopatites refer

sulyects of these Drapetitio Soling as the

　Island of Hong Kong shall remain in the Fossiesin of Whis Bices in the exerase of 14hir belligerent rights, Lud Stanley apprehenss

that no

　　no well-founded objection could be raised as to the title on which

Sikiny Pottinger way cairuse there the delegated prerogatives of the frous. But pan the moment when chi- Island shall beanne a permanent part of th Butich Dominions by

the mutual ratification the Treaty by the respective Sovereigns, it

Lord Stanley

will, ao

apfachend

។

apprehends be

vellasory

that the bistitestions of the local Gout shouta rest on a basis of

one

greater solemnity than a more dispatcts from

of this principal, Scoutories of State. It will therefore in his opinion be proper that

Commission under the Great Seal for the future Govt of Mong Kory should be issued

with as lucke

as may

A being

delay be prosticabile

asoned.

that chore com

eufficient

reason to doubt that

the Treaty will be ratified by the Emperor of China.

Lord Stanley observe,

that

　　in the event of the Office of Superintendent of the British Trade in Ohnia becoming

vacant

wis Led Aberdeeni intration that it shall devolul on the Otter

for the time being administering the Cont of thing Kong. But, unlit provision is made

to for the succession the bout, this rull inst apparently be ineffectual. Bence Lord Stantly infers that,

either in some

　　　　　　　supple- -mentory Dispatch / if

00 10

the Continuance of hostilities be contemplated) er in such a Commissio

　　　　already mentioned (of the ratification of the Treaty be contemplated, ) provision shartabe

made for the Succession

Alterations made at

to the Govt. in all

Contingencies which might occasion a temporary (and mexpected recconey of it. Ocherivise elim disputes might arise, not only aste the exercise of that Command, but also acts the superintendency of the

Trase!

Mith regard to th

territorial rights of

the ferum in Stoughery, Lord Stantly

would.

suggest whicher it wod not be expedient to indent Suttery Pottinger to abstain

any of the Land in the Blauß

request of Trige Offer from alienating,

Vide. Mr Stephen's Minute annexa de

either

inperpetuity a foor

preate length than maglenempart to induce & enable the facts Gire. I substantial Building

any costown Term of the band in the

Istood, and experrally

олу

any part of it which

likely to become the

го

site opthe principal

of any

which is

Town or

Joun

Seaport

likely to be required for Partitary Defences,

evas

　　　the Site of arr hublic Works of utility, or ornament, or problee

recreation, Ansideing

is the valul

how great of all such localitites every new Colary- with what avidity they

ли

are sohvrited _ wit

what faulity they ou usually granted, and

at how rummond an

expense they must be reperchneed for the public Service, It appears to Lord Stantry

that it would be

agratifith

Lightz verhidiet inquctifertill to condtion

any past or future

of them to

surrender.

private uses, even if there were no special motive for husbanding the public resources . But this necessity appear this Ludship sult mone evident when? dis borne in mind, that the proposed establish. -ment of a tree lost at Hongkong will, autait all the other resouces of the local Govt and reduce them to the necessity of direct lactation a Jone of the light looking to the Land as the. uncans of montaning.

the local Estatitiohmment.

greatly

But mut the

general

general prohibition

against

the Abenation

of frem Lands,

and

with the general ropucal

such

to sanction and have

may

would

grants a teen made, already Lord Stanley connect a promise that immediately establishment of

regular government in the place, on enquiry

on th

　　should be instituted by

some competent

and impartial authenty into the equitatile Claims of all holder

of Land to a conferrnation, either permanent or

temporary,

I their

titles, so for as

consistently with a justugard to the

interests of Society laye

On the Julyut

of the Freetert, also appears to Lord Stontey

essential to crocker, whether if we expedited

very desirable

that the Nest should

not be.

they

convidentl

e futur

Cours be confirmed

Conosterity

made Fill mauch sense as to prevent the imposition oftplutito

Goods unported for internal Consumption. By the impention of

a few bulkay Artertes, expically on Tobacco, Opening Mane and Spirits, Lerde Stenting. thinks it probable that provision might be. made for depraying the Whole Charge of the

local

such butits on a

local Govt without any injury to the general Trade of the Joland. But for this

pompose it would be

melissary

tointerdist

the internal production

of th

ditrable Articles

expenalty distillation of Spirits; and it appears to her Lordship essential that the probability of such

regulations should be distiuelly best in wade beroun disturelly vind hulstucheist

from the Commence

and

-mont to thing whem Amade they more. immediately

condem

Otherwise there might

be growing up, in

interval, private

intertat

interests infover of

miratinated exemption. from Dutite, and an inrestricted right of Destillation & le fatat to the of introduction of the proposed regulation.

2nd Stanley then fore ro

would

remment

that Suthenny Pottinger

be dicled #freed be immediately

tablishment.

dessica

ints to prepare all persons in the Island

:th the e

of any

residing

dech unliceti elright the introspection of

reontvinty thither, for

plave obstacles in the

of the fallend proudy, the proposed

bay

ofte prostument.

Duties

and restrictions.

Lux Stantry observe

that Lord Aberacen

Contemplates the halistuar

sunion

the saine

person of the Offices

of Governor of Berig

Superintendant. Kerry,

of the British Trade at Conton, under which

　last designation would be Cusp the Officer in question would be invested inth deplomatic and Conantar pervers of no inconverderable

importance and deffently. Bra for such a Combination of authentices in the same person

Though the punlian cumstances of Kungking

may under such as

is sicher necessary in Achidere vile mt fail to

こた

expedient ma prime that it mayer

Live Starkey conceives

adunt of doubt. It

might, for example, not seldom impose on the Swerner the necessity of absenting humaref

pom

attended with sense meer.

Then an also

frankis kovemment

and might render how Comparatively insifferent to interests of a merely local nature, in the prosecution of objects

of national importance, and from which he might anticipate. Europcon reputation. Bast the stref difficulty whink Lord Fanting

that of

also inconvenience, whink

inseperable for the men

fach of

hey not uncrasmelly

appeal.. id

anticipates is, the subordination of

the same Officer, at

the same time to

but coordinate,

two distinct anthorities

in this Country.

affears to his bookshet not to admit off

doubt that aluet

a sebudinale places assay man in such a

might be temptied to

position conse

a yuld equivocal obedience.

to the oil or the other

the two spent the

of them

instructions.

reaching

him from two different

quarters n

subjects

much connected would

sanctimes be really

inconsistent, and would still more often be regarded by hum in

that light_ chat in

such

any

incmarotency

real or apparent, he

world find an apology for the disregard of

these instrutions which might be th

least welcome, and

npm

for the proscention of incasures disapproved.

by one or book of his Superiors _ that it world be prostically impossible to keep his two lines of Offical Correspondence entirely distinct from each

other _ and that these

who were subordinate

to him in one of

his two Capacitits would be disposed to

with

a constant rivalry tus suberdinates in his

other Capacity especially

as the two Sevices.

must be governed by

different rules, and

remunerated a different

for

Exte

rates, and

sources.

from different

　　　The joint poss employment by two Ministen of the (comun.

of the

same

agental

the same time, for

distinct purposes, is expernment whinh, so far as Lord Stantig's And information exterids,

been

has always

moncassful, except

of the tive

when one

cmployers was

نس

direct subordination to the other. Thers the Commander the queer's Troops

Colory are continually becaphing enterested

with the Goverment of

(

Anil -

and the Consequent

N, and

inconvenience, though

not entirely overcome by much mitigated

du cucumstance.

that of

the subordination of the

Mulitary to the Civil Authentito in England,

which

discourages and prevents the agitation in the Colony of questions designed to bring dan

into Collision with

each other. The fess dient control feacciad by the livil Severinat here over the Naval

authorities leads to tho Consequense that Naval Officer simultan cond employds by the Secutary of State for War Molences, and by the Lords of the

Adeniralty

Admiralty Dervariably postpones his Quil to

his Naval duties.

Seuve de

and of the contralied in

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of the Comente as

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a i

as the Havain

า

recent cxample, may be on parte chcie nie. of dissin. found in the combination Inter andern two separati of the defpices of feront authorities has excellen and Superintendant of. Captured Apriand at Baranna to which Lord Stanley ended refer an Mustration of the extreme difficulty of oto employment by the tivo Sentaries of State of any one person to act under them bock at the same time and place for different purposes

Such an anagement

soned, as Lera Monty and queston's night. be find be aimin affichands, raise Ereate

also that

re difficulty

asto

the

that Enquiries considerali

Some

the selection, and perhaps still more as to the

recall of the Bolder of the joint Officer. would certainly out

as his.

Lernship appechands

greatly impair

the

anctionty of each of lus emperies in this Country in proportion

as it would assure him.

that the power of

was

Woalling him not absolutely neoted in wither.

În chise renoms

Lord Starter of the question Stantly is of

opinion that

of a permanent puction of the tivo Officers

Apears to from doradet. But oupposing of to

вс

be decided in favor

of that Carral,

chen

tus Lordship is of but

firmimen that the evils

　and d or her fards, already noticed fronds be best obviated by requiring the Officer, po tobe appointed, to Confial all his cures

- pondence to me of

the two Secretaries of

on the unde

State

between

understanding them that, the Sanitary of State to whom the Conduct of that Correspondence was entrusted, would be

the more channel

of signifying the decisions of his folleague

in D

h to Land labideen

suffech to that it might for beherbe

dinirable to disch

questions falling within bis Colleagues Department. There is nothing.

меня

the

experimentat in such

practice. For a considerale series of years directions of the Sectory of State for Porcen Affens

on matters touching the New Brunswich Boundary were conveyed to the Governor of that Province

in the name

Frame of the thead

of this Office, brot in

the precise terms dictated by the thead of the Percy Office. In like

The Secutary

manner

of State for the Mome rept connego his

Conveyo

strvotrons

instructions.

cho

subject of transported. Convicts to the Liviamos

　of the Anstration (donie, of Binnuda, and of lebrattar, une through the intervention of the

　Colonial Secretary of State. The Berds of

　the Tucony also invariably communcrate with the Giveras of all the Colonies in th

some

way,

and through

the same channel.

That there are

inenmemencen inssuch

　a systern Lord Stanley exfully aware, but

they are won his Lovedly it may ha

Jooksment, more than

Countervailed t

a gustins they an

chelle thing are not

ил

the unity of propose the singleness of

authority, and the

Consequent subordination

which result from

Extrack of a Despatch & hir Hairy Pottager

20. 4 dated Foreign Office January 4. 445

"It is the intention of

St. Mis Gort

that so long as you

remain in

in China,

should

the entire controal of affairs

rest exclusively in you. Recordingly,

as soon after the exchange of the be convencent,

Ratifications

mary

зол

will assume the Government of

the Island

you

of Hongkong,

then become

Popession of the British (rown; and

will make such Proclamation

both of the transfer of the Island

to the frown, and of your assumption

久

of the datics of Governor, in pursuences

to select positions for the Barracks which are most likely to be healthy,

of Orders from H. Mis Goot,

may appear

to you

most

wils

and

expedient. You

then apoward administer the Govenment of the Island and make all recessary

arrangements for its defence against foreign aggression. You with cause to be

quilt such fortifications as may

reginred to protect the Shipping

the wads; and such Barracks as

　　may be sufficient for the accommodation of the Garrison to be maintained

on the Island.

· Gon

will be carefal

зап

will not allow

any

buildings

which

to be raised by private persons

can at all impede the circulation of an in the neighbourhood of the Barracks, or interfere with the free

their

movement of the hoops of

services should be required"

" You will make the best provision

which you can for the police of thr Island, until Her Majesty's Pleasure can be signified

on this point :

анд

and you

will be careful to avoid making

any arrangements of a frical

rature, either with reference to the

Island,

with reference to the Port Anchorages, which might fetter the everase of the power of the frown in that respect!"

　　With regard to the location of any parts of the Island, &t. M's Goot will allow you to apportion to persons

Demons of establishing

themselves

sufficient space for the buildings

for

which they propose to erect, and their convenient occupancy of such buildings. But H. Mis God .. God. choose that under present circumstances

would not

my grants should be made to Parties whose object in `obtaining such Grants would be to dispose of them agani with advantage to themselves. You will of course be careful to reserve the portions best adapted for Public Buildings ; and such. portions also of the shore as may appear

most suitable for the situation.

of the naval establishments which

Which

may

maintain

be found necessary to

on the Island for repairing and refitting It : Wi's Ships. You

wih also bear in mind

apportioning lots to private individuals

that it will be expedient to leave ample space for streets, so as

ensure good ventilation, and

thereby guard

as much as

possible

against the evil consegnences

which might ensue from too

occupation "

crowded an

"The terms

which land

thalt

should be granted to individuals for the erection of houses

Wildings are

noceparily

degree dependent.

it on

and other

in rome

the views.

St. Mis for with

entertained by It: M's,

regard to the poling to be observed

in the administration.

of Hongkong.

The intention of It: M's Gout being

then that Hongkong thould be a Free Port, and that the Harbours

dnes should therefore

possible, so as

be as light

to give every

encouragement to the commerce

all nations, it is clear that

seo revenue can be expected from

import or Export Duties to cover the.

expences

attendant h

upon

the

The

-cupation of the Island.

principal source from which revenue

　　in to be looked for in the land; and of by the liberality of the Commercial regulations enforced in the Island; as well as Bichisch Subjects foreigners are tempted to establish themselves

on it, and thus to make it a great

mercantile Entrepôt, with very limited dimensions, dt: M's Good!

Conceive

L..

conceive that they would be fully

pistiped

in securing

to the frown

expected

all the benefits to be expec

from the increased value which

such a states of things would confer

upon the Land . H : His Goot would

4. therefore caution you against the permanent alienation of any

portion of the land, and they

would

prefer that parties thould hold land under leaves from the (rown, the terms of which might be sufficiently long to warrant the holders in building upon

then

Several

several allotments. A permanent

revenne would thus be at once.

secured to meet the expencer of the Island, with a reasonable certainty also that it would ultimately increase in proportion to the increasing batue of the property : It would probably be advantageous

land.

also that the portions of should be let by auction; but of the expediency of resorting to this process you will of course be best

on the spot. The

able to judge

unts to be derived from leases sa granted must be placed to the account of the Government of tong

koy,

and will constitute a fund which it may be hoped will not

only

cover the current expencer of the establishment, but also defray

the Public Works

the charge of the

to be undertaken and maintained

on the Island."

and.

Lond.

" The Commander of it: this haval Military forces in China will

be apprized that it is the derive

of & this fort that they

thould

reat

to the &

be guided by you employment and distribution

their respective forces. In

this.

arrangement,

pursuance of you with be authorized to request the Naval (ommander to detach from time to time the Vessels of his Squadron

in such directions.

as the interests of British Trade

may appear to you to regurie ; and

you

will request.

him to impress

apon the Officers of his Squadron

the

the recessity of cultivating or much as possible the friendly feeling which it may be hoped that the Chinese Authorities and People wil

be disposed to entertain towards them ; and of restraining the (rews of British Merchant Ships from provoking collision either with the

Authorities or

People

in the Ports

to which they may resort!"

"It is not the intention of

4. this for ." that the foroner General of India should have any greater

the

degree of contronl

over

Sup =

Superintendent of Trade in

Chiner,

　　than was exercised by him previously to the late hostilities i or over the Government of tagkong,

than as regards.

the details connected.

　　with that portion of the Indians Army which may be in Garrison at Hongkong. It will of course be the duty of the Superintendent to keep

the Governor General fully informed

which

of every thing

China, that can

met

occur in

be interesting

to the Indian Government:

Government and to

pay

pay attention to the wishes expressed by the Governor General, when he

can do so consistently with the Instructions given to him by St. Ma's

foot or, in the absence of such

instructions, with his

own views

of the interests of It : this Service "

Copy

ho. b.

To his H& Potter.

Extract.

iger

7.0. Jawr. 4. 10143.

ht. 4.

مهران

Foreign Offic

January 4. 10143.

With reference to the wishes of

! I : Th's God conveyed to you in my

despatch W. 4 of this day,

tenure

as to the

which individuals should

be allowed to possess land in

Hongkong, I have to tate to you

with

regard

any portions of

have been granted

land which may

to individuals prevcinely to yours

receipt of this despatch, on terms

inconsistent

Jer Henry Pottingen Bart Gro

inconsistent with the views of H. M's

Goot as how

as now explained to you,

leave it to

May

8 you

4. Mr God.

to decide whether or not

expedient to modify such

frants

so far as may be necessary to make them conformable to the present intentions of to the fort

　　　It: M's fort would not think it right absolutely to dis possess the present holders if they

of continuing to occupy portions, or to impose

conditions on

are descions

their several

onerous.

them, or to calculate

the payments to be made by them

for

for the future at a higher zato on account of any improvement

additional value which the Land

may have received while in then possessem.

On the contrary, It : Mis for: would be disposed to deal more

such

thus

liberally with

persons than with others, and

afford

them at least some compensation

for the disappointment of the

expectations which they had been led to entertain when, although withat the sanction of H: M's Goot the land was originally granted to then.

I have se

(Signed) Aberdeen

MAR 38

کا لگا

Copy

no8

hi,

Foreign Office, Graciarz 4.1843.

It. his Government see no reason to apprehend that after what has

paped the Emperor of

China will be

to ill-adirsed as to recede from

Copy

To Ser. Hr Pottinger

7.0. Jan. 4. 1843

his

sugagement

to ratify the treats

concluded by His Plenipotentiairis

to order however to estive

you

from

the

subaorapment.

which in

such an unexpected state of things

you might feet

as to the conose to

be taken with

regard

-Dory Kory,

I think it right to state to gove

that A. his Government have

bi Rewry Pottinger

determined

determined that in

any

state of.

and

　things, the bland of Hongkong shall be a British Apasion be ortained as such. Accordingly if the Emperor shorts delay, decline altogether to place in Your Hands his Ratification of The Treaty in rachange for that.

will proceed to

　　ku hajists, you Corry into effect all arceparz Arrangments for the occupation and settlement of the Eland, inn the manner pointed out in my other dispatch of this day's date. Only you will modify the Proclamation

which you

apuming

are directed to

& ipue on

the Government of the

kland

Bland,

so as to make it consopond with the misting state of things.

I am

(signed) Aberdeen

{

Copy

20. January

To bi Kenry Pottinger

4.1842

сору

مت

Foreya office

January 4.1843.

I have to acquaint you that

1. Mi fort consider that it will

for

the interest of

1. Mis Peurie

that the office of fovernor of

the

of British Trade in China

Ixland of Hong Kong, and that of thrif Superintendent, should always

be held by the same

person; and

that consequently the Commander

of the military force on

the caland

upon whome in the weat of the

прои

vocant

office of fovernor becoming voces

bir Hury Pottinger Hart, filt

by death, resignation, or any other cause, the adcumstration of the fovt of

the Deland would devolve

until such time as the majesty should be pleased to make a new appointment, should also Andertake the office of thief fuferialendent, and exercise the duties duties there of in the

save manner and with the

A s

dame

Powers

any person

Would do

upon

whom the

office.

· permanently conferred.

In order to provide for any inconvenience which might result

frome a person so acting, as thief Superintendent, not holding a Comeniipion from the Crown, Aer majesty has been pleased to pract a dormant foumission addresed generally

to the officer adunaretung

the tian

the foot of Hong Kong for being, which Jaccordingly hausait

to you

to be retained in the

Archives of the buferintendency

until wanted, and to be returne

to the Archives as soon as the

apumption of office by a Chief Superintendent, personally commisioned by the frown, a hall have put an end to the teciporary arrangement for the performance of the duties of that office.

Jain &

(dijned) Aberdeen

Coper.

(2.5) Victoria R.

Dormant Commision

for the Officer administ: Victoria, by the Grace

: ning

the Government

пладна

to aba and singular

To whom these Presents chall

Greeting!

"the bland of kongkong "comes herear

being

for the time act as Chief Superinten.

-dent of British Trade

in China.

Act

彡

à certain

Parliament made

& caped in the session of Parliament holden in the

32 44+ years of

the

Krijn of on Late Royal Predreepor, King

William

the Fourth, intituled

"An Act to regulate the " Grade to China & hrdin

it is amongst other Thing

Enacted that it

shall and

may be incoput

for les, by any commission

の

ор

Commisions, Warrant.

or Warrants, under our

Royal siga hanual,

to appoint not sacerding

Three.

bur subject to

be superintendents

The Trade

сип

Lubysch

to and from the Dominions

of the Emperor of China, for the purpose of protecting & promoting

such trade, and by any

such commission

aforesaid,

Warrant as

to settle such gradation

and subordin

bordination avory

the said Superintendent

(one of whom shall be stated the thief superin= - tendent), and to

appoint such officer

to apist them in the incention of them butres, and to grant such

Salaries to such

Superintendents & Officers,

as we shall prom time to time deem expedient. And whereas by a

Commission

or warrant.

bearing date the 14t

day of May 1841, We

did, in the exercise

the Powers

久

conferred by

Cone

the

　the said ast of Parliament, appoint Lee Henry, Wottenger,

our United

a Baronet of out

kirydon, a knight frand Crops of the host Sonomara

Order of hajor General in the

the Buth, and a

Lewice of Company, to be chief Superintendent of the Fade of for Subjick to and from the Dominions the Emperor of China,

the East hora

for the purpose of protecting

& promoting

such trade.

and Whereas, considering

the remoteness of

China

from Our United kingden,

it is expedient to provide for the Office of Chief Superintendent of the

Trade of our subgrits to and from the Dominions

of the Emperor of China, becoming vacant by the

death,

Meignation

of the said bin Rearz

Person

Pottinger on of the Roon rolding

the Office of such

Chics superintendent

By a commission to himm specially granted by Anoselves, or becoming vacant from any

other

Cause; We according

appoint

appoint the Parson, who

during

the

vacancy of the

Office of thief superin=

- tendent, shall administer

the Government of the

Iland of Hongkong in

the China tra, to hold the office of thief Luperin-

· tendent, and to exercise

all the Outers thereof,

until such time as

Any person specially appointed by ourselves

to hold the said offic

mall arrive in

Kory Kong

and undertate the Duties.

of the said office : And

We do further derret that

20 long

as a

Chief Serperin

tendent specially ap=

- pointed by ourselves thall be in the Exercise that offic

the Duties.

Our present commision shall have no effect;

but that it shall

arrive in the event.

да

vacancy again occurring to the office of Chief Superintendent. And

We do hereby strictly

charge, and sujoin any

Boson

acting

under this

Commission as thief

Superintendas

Superintendent of the

Trade.

on subprits

and from the Dominions

the Emperor of

for the time being

China

conform to and observe all such Rules, and

Regulations

as are

shall be given to him

for his guidance, wither

under our.

manual,

Royal Lijn

or in such

Instructions as shall pon

be given to

time to time be

him in Our Bows, Conneil

or by us, through one of Principal

Our Presstaries of Itate.

Geven at Our Court.

at Windsor Castle tho

fourth day of January 1843, in the 6th

18 year

four Reign.

(Countersigned) Aberdeen.

Copy

Foreign Office, Januars, 4. 1842.

Jon: 2/43

I enclose for your deformation

and guidance, a copy of a setter

from the secretary, f

Explaining the withers. Commissioners

the Treasury

the Lords

as to the manner in

which the monies to be received

from the Chinese Govt under the beaty of the 29th of August, shall

be made available to the puthit Service.

You will peresive by this letter that such sums as way from time to than

bi Rearz Rottinger.

be required to cover the current

Copy

Expenses on account.

This haval

Keybord.

Military

I have it in

or Civil Services in China,

and that

　　are to be retained by you, the residure is to be remitted to

Calcutta to be disposed of in such manner as this Governt may de pleased to dirrel.

You will

　　　　　　　　　of course cause an Account to be kept of the Lunes applied in China to the several Services above specified, & of the balaners ermitted to Calcutta, & you will transmit the same to this

Office at the expiration grassy

sin mouths.

Я (timer) Aberdeen

Treasury Chambers.

2. January. 1843.

command from the Loros Comm" ? of It. this Treasury to regnest you

be receivid in

to request you will

state to the Earl of Aberdeen that my hands have had under their consideration the more in which it may be mort for the public interest to dispose of the large amount of Silver (our Bullion which has been or may from time to linie

(born under the Treaty of Peace recently concluded with the Goor of that Country . It appear from Sir. 4. Pottinger I despatch of the 29h of August that the 1." Instalment amounting to about six millions of dollars of payment by the Chines Authorities at that date, and that it was

was in the course

in one or more.

his intention in conformity with the tastructions originally given to him to send the whole of theat sum to England 4. His ships, My lords therefore appahead that no instruction now to be groeci can

The best Canning

affect

affect the destination of that sum.

　　　Aghords however consider that much inconvenience may be recasioned to all commercial arrangements in that quatter if the whole of the

: the sum tobe reewed from (hira under the treaty of Peace should be remitted to Europe. They

are sensible alsof the pecumary adrantage of discharging out of payments which It. this Gort may upon to make for the current public Service in China or for the pagment of any balance due to the East India Company for thes expences of the War, or for the satisfaction of the Opium (larmant.

that sum ale

be called

My Lords therefore think it proper the birth Pottinger should be instructed not to make any further remittance to this country of any sums which he

mal hereafter receive from the (hmere fort or of any which, having been previously

recewid,

may

not have been get remitted.

។

I have therepe to regnert that your Lordship will more the Earl of liberdeen to instruct for tot Pottinger accordingly, and to authorize him to receive and to apply

may

ал

Much of any funds derived from Chma

required, to any service in

service in China, whether of a naval, military, or livil character for which Bills would otherwise be drawn on this Board. And further, to remit the remainder & Calcutta & be applied there to the discharge of the debt due from It. this God. to the East India Company, to such other purposes as my lord may hereafter direct.

Lord Aberdeen will be pleased further to instruct fir to ? Pottinger to cause an

The application of account to be kept of fate such lums may be reserved for service in Chma, and to transmit the same periodically to this

Board.

dam tes

(Signed) S.M. Leake

/ купет

Ирак

In Nr. 11

Sin #7 Pottinger

Soi.

Loucegi Office

January 4. 184 3

I have to instruct you from the date of your assumption of the

foot of tory kovy, to correspond

on all matters connected with the aduccnistration of the Island, with Lord Llawly, Her Ms. Principet Secretary of State for

the Colonial

deft, four whom you

will

hereafter receive auch further

instructions on such matter, a

44 Pottinger Bart. fl. A

may

Copy

From Treasury.

Jaar

2. 1048

кукет, кий

Copy

From Treasury.

Jan?

10463

Copy

2012

Svi

Loryn Office

January 4. 1843

I have to instruct you from the date of your assumption of the

foot of tory kovy, to correspond

on all matters connected with

the aduccnistration of the Island, with Lord Llawly, Her Ms. Principet Secretary of State for the Colonial deft, from whom you

will

hereafter receive auch further

instructions on such matter a

Les 44 Pottinger Bart. fl. A

ас

may

In Nr. 11

Sir W Pottunger

may prove time to time appear necesary for your guidance

You will continue as heretofore to correspond with this Office on

all matters connected with the

British Trade to and from China, or relating to your intercourse with the Chinese foots, or local buthorities, but I have to request that on receipt of

the

　　　　　　will this despated, you

во

longer keep up

　　　　　　　　　　twofold series of despatches, and that instead

of designating yourself on the dickes

the despatches as "#. his Phanfolatiory. "Chief Superintendent " you will

a as

meiels

merely place your

your name, Pottinger".

Is you

a series in

You Hears

will have commenced

character of

jour

Plenipotentiary, and another in

your character offerperintendens, at the beginning of the year 1843, I have to request that instead

Henry

beginning a fresh series as biting Pottinger " you will continue the

humber

the Inferintendents

series as Sir Henry Pottinger " .

Save &

(digued) Aberdeen

сору 2:13

Sor

Loryn office

January 4. 1843

its it appears from your despated

20th

h!.I of the 18th of March, that the British residents in Hong Kong

are anxious for the residence

of a Clergyman of the thurch of England

in the Island, shave to

acquaint you

that H. Mis for

will sanction the appointment

of a Colonial Chaplain; and that Schall apprise you shortly of the

conditions ou

which the appointment

Sor Deury Pottinger Bart, &C.D

ん

Copy

Phi Ar Pottinger

2.12

4.1843

7.0. January 4

the degree

　has been made, and of of apictaver which I his foot

will be prepared to give

the creation

Island.

of a

dave ye

towards

church on

the

(signed) Aberdeen

रे

Copy h:16

Ser

Foreign office

January 4. 1843

There are two points

con

-connected

with the future adunarstration

of Hong Kong

as a Miclist

Mictish Colony to

which I have not adverted in

ему

other despatches by dient! Colonel Malcolar, but on which H. Misfort

would be glad that jou

Explain to them your

should

views with

the utmost unreserve andan

the fullerat detail.

bir Henry Pottinger, Br. J. C.O

The

сору

Win Hewry Pottinger

2:13

7.0. January 4.1843.

The first

is the Political

Adammstration.

of the Iplaced.

appears to it. his foot that it

　will be nece pary that a depistative Power should be vested somewhere, and that it should probably be

- Governor, and an

entrusted to

Council, nominated in some

any

mode or other by the frower. 1. Mis. foot conceive that more popular form of foot. would be wholly unsuited to the existing, or probable, condition

the Island.

Afuming

this vicio

the case to be correct, &. his

fout would wish to have your

opinion how such a Council

should be constituted, whether

wholly, or partially of official

Servants

the frown; and also

whether the precedent of Ladia should be followed as regarts the power

to be conferred

fovernor of

on the

the Island, and that

the fovernor, like the foveran feneral in Ladia, should have the power of overruling the decisi

пр

　of the Council, and giving effect to the opinions of the minority. _

The decored Point

desiri

on which

your opinion

　4. his jour in the pidicial extablishment to be maintaised for the purfoxes

　　　the deland, without reference to the Suferintendency. #. his. fout conclude that in soxmall

Colony, the resident Sudge will be sufficient for

all Civil

and friminal cases of a higher description than can be dealt

with

with by the ordinary Police Magistrate.

But the point which appears to merit

your particular attention is the question, how the Law and the Police Regulation of the Seland may be es paused and administered as while they satisfy the claines and requirements of the British,

best conciliate the rexfect, may and fall in with the manners of the Chenive subjects of Her

Majesty.

Лашк

(dijack) Aberdeen

ぐ

сору

coffre

Freep office

Copy

W for Mr Potteryer

h:16

7.0. January 4. 14.3

Lov

January 4. 1843.

your

As you do not appear in

correspondence with the Chinese bunsifs : previously to the agnatore

of the neaty, to have radeavoured to

obtain from their

any Engagemen..

to the effect of that adverted to

in kacount Palmerston's desfated

h:18

the 5th of June 1841, by

which

the Chinese fout would be preventio

"Sir Henry Pottinger Bart, Gl. H

роси

from erecting

the point of

　land opposite to Hong kong any works which might prove inconvins to the secure occupation of the ckland

did

I conclude ritter that you not think it expedient to rais

arry discussion

for that

you

ou that question, had satisfied.

yourself that no real annoyoan would be anticipated from any works which the Chinese might

think fit to Erect on

promontory.

that

In rither case it would probably be unadvisable now to provoke

any discussion on that matter, on

to attract the attention

the

Chinese foot by expressing any

with on

scarcely

the subject. It can

however be doubted

that it would be inconvenient

to have

any considerable force

strongly

of Chinese poops posted in the

immediate vicinity of Hongkong,

and therefore if the Chinese food should wake

every

preparations

preparations for creating works on the point of land referred to which

could un

　　　　any degree affect the security of the Anchorage at Hang long, or give

them a cocamand

of the channel between the Saland and the main land, it will be right that you should poist out to them that such words

　cannot be necesary for the defence of the Chinese Verritory;

and that ar

له

therefore they can

only be raised with a view to

disturb

disturb the quiet posesion of

Hong hoop., the suspicions to which such a proceeding must give rise, will have a

tendency to

interrupt the good understanding,

which it is as much the interect of both Countries to maintain. in their relations with rach

other.

Лашке

(signed) Aberdeen

r. 22.

fir,

72. China

NCENER

JANJO

1843

" Foreign Office,

January 7.1848.

With reference to very dettor of the 5th Enchant, I am directed by the Earl of Aberdeen to transmich to you, for the information of Lord Stanley, a copy as

and

Extracts of further Instructions which Petri Roy. Soft that of. Lord Aberdeen har addressed to

Henry Pottinger, Her Majesty's.

Plenipotentiary Jam, fir,

S.W. Hope repp.

Your

in China. -

to Sin

most obedient.

humble servant

All Addington.

Copy

[

༣

Cofy.

6:22

Sir

Foreign Office

January 6. 1843.

Although and have stabit in my

dexpaled hit of them duxt = it is the

the

& that Houg

interlion

foot

kong should be a free Forl, I thinch

it advisable that.

acry

at you

should not

Exaggerated expectations that term, wheil

allow

азда

to be founded.

H. M

Mis

might in conveniably fetter. Als foot in making any arrangement

or y

ither for purpose of fobie or revenue which on mature

Wir bevry Pottinger St. fl.

ла

coce sideration

consideration night appear. Expedient..

как

that.

1. Mis foot for instance are a of at present prepared to say Kaz no Customs duties shall be. levied at Houghong on goods imported for local consum Expecially as it may beaverably be anticipated that a duly

levied

Хава

Wines, Spirits, ofcim,

and tobacco unported into the

bland for the use of the inhabitat, would as in other Colomer

prague.ee

　　ce a considerable venue. It might also be expedient that

you

you should caution persons

who

may

with to the at distilleries

on the daland, that #. his favt

decide against

may probably decide.

allowing the process of distillation

of Micies and spirits to be at

all carried on in

Дашн

(Signed) aberdeen

Extract of a Separate and Confidential despatit

prove the Earl of Aberdeen to Sir Henry Pottinger Laled. January 4. 1843. -

"I need hardly remind you

hat

all persons at present connected with the supericleaderry in thina, with the exception of yourself, hold their appointments provisionally,

aud

are

subject to any arrangements

Which Her Majesty's Government may

deem it expedient to adopt. The

same rule will also.

appointments which

apply to any

may make

which you may

Either for carrying

не

the

i Government

"Sir Henry Pottinger

Copy

h:22.

7.0. January 6.1863

of Hongkong, or for conducting the business of the Superintending and Consulater. - All persons. receiving such appoint.

from zou

achments

must be made

learly

to understand that the appointment.

are conferred upon theme, sabjit

to the final orders

Government at home

the

Extract of

Despolch to Sir Henry Pollenger 2 : 7.7.0. January 4.

1843

But whatever maybe

the result of your

redeavours to prevail

with the Chinese foot

to lealize the sale of

Opeim, it will be

right that Her Majesty

Servacits in China.

should hold themselve

aloof from all автодром

Connection with to

discreditable a traffic.

The British opicien Ruggle

huush.

Lord Aberdeen

Extrach

7.0. Jammary

Separate & Confict ?

Soi Heury Pottinger

4.1843

must receive no protection

　　or support in the prosecution of his illegal

speculations; and he

must be made aware.

that he will have to

take the consequcaces of his own conduct. Her Majesty's foot, as

I have stated above,

have not the power to put a stop to this

trade on the part of

the British hunggler:

;

but they may perhaps

infere it in some

degree

degree by preventing the solaced of Hong hory Hongkong nits neighbouring waters from being

used as the point

from whence thitish Sugglers shall depart on their illegal adventures

As the case stands of

present with regard to HongKong, The Queen cannot prolibet the importation of ofician into Hongkong; but

прише

as soon as you opeme

the fovernment of the

Kloud

Skland

on the completion

of its cepion to the

frown, you

will have

the power to prohibit

the importation of

oprim into Hong Kong for the purpose of Exportation, or its deposit on board receiving Vessels in the

Kong

waters of Hong hocy

for

　　　the sacre purpose. You will also have

the power to prevent.

Vepels with Cargoes of

прийм

oprim from frequeting

· the Ports of Hongkong

on their

to the

way to

Coasts of thion. If the

importation of Oficion

into Hong kong in preater quantities than are

required for

consumption in the Island is prohibited,

the undue resort

of Vessels with opium onboard, aspiring

room to suspicion.

that

that the opleim is

прийм

intended to be introduced

into the Island contrary to the prohibition, may alss reasonably be prohibited.

Her mapity's foot

however are sensible.

that this measure,

though it may

relieve

the

them from imputation of encouraging

the apicem Grade, will do but little

to mitigate the evils

which result from

the present suptime.

They wish therefore

that you

would

consider whether it

would be possible to

place the trade,

Even as a

кинудване

trade, ou a

less

discreditable footing

than that on which

it is now carriedon.

The

Which

The oirly effectural

reciiedy

indeed is in

the power of the thines Sovernment, and therefore proper that

should do

it will be

you

4 jour

to induce that

ahevost

fout to sauction the

trade, even if they should confine it

to the single Port

(auton. Her Majesty)

Love

77.

Sovernment would,

in that case,

Endeavour to

afsent

the Chinese fout in

Carrying

this licuitation

into affect by with thing clearances for Vefels having oprim on board,

which should be

destined to other Ports

But so

long

the

prohibition against

the introduction

ofium

opcion into think

is absolute, Her

Majesty, fovernment

can do no more

e for

China in that respect

than prevent the Seland of Hong Kong from being a recort

and market for the British Smuggler

Sumediate

trong trong (Fer 2017)

1843.

Foreign Office, January

аш

28.

1843.

directed

The Parl of

herewith

you

Aberdeen to transmit to

the laid before dard Stanley, the

two letters to the Law Officers them to prepare

brafts of

of the how, Brafts of Biders

directing

Corneil for

Subjunti

perhibiting the resort of Pentish dubljeto

for purposes of trade to other then cectam specified Ports in the Dominions,

of the lemperor ofhina, and for

the establishment

a count at

Honghary for the tusl

James Stephen Ge

Civil Suits,

and

and Sam to request that

you

will

more dord Stanley to have the goodness

Lord Aberdeen with any

suggestions which in

в расти observations or

may

нии

sulygisk of

Drafts may

to this Lordship

the inclosed brafts.

further

30 Jang

The draft of

of working trading hardly relater to

the reference to The Cosine Langers

with

on the subject of the prohibition any of the Ports in China, except the five enumerated, ang (olonial Subject.

But it.

affears to me imposible that the

Briticle Selitement penalties of the proposed Order in Conneil should be enforced " at any " or Popssion" Except Hong-Kong..

and I w? make that remark in answer to this Letter from the Pereign Office!

trong trong

the

to request that the

be returned lotters Office

with

ули

reply.

Lam, die,

You

most obedient.

Lumble Servant,

Allehuddington.

touches more.

closely or

The other propored reference, about the sotablishment of a Curl Tribunal at on the bussiess of the Office. In right of conquest, right of the consequent cession. The Queen in Council has a Legislative howas at Hong Kong

Legislator,

H. M.

Biag Legislative Order in Cornails. But by the same right of conquent, or expion,

establish a (cart there

The

Green

also constitute

local Legislature, which

local degislaturn

create

may a

may

required.

how

the receping local Ribunals, (iil and Criminal. Both will be

it seems.

2224.

for better and

231.124.

400

convenient that the Coral Legislatione

sh ? be the Author of the Local Tribunals, than that those Libunals should have an origin distinct from, and independent of, the power off that Lagion : lature. If the time

rife for constituting a Jost in the place I 4 therefore do that and have everything else to emanate from it. Bat if we must still port fine dealing with Hong Kong I u. suggest to the Praige Thin

Colonys then, all on the subject of this profond Letter w. be, first that it w. be desirable to confer

Criminal, and as

well.

on the contemplated Court Cuil, Jurisdiction, for the punishment of Crimes committed by The Queen's subjects, within the Foland of Hong Kong.

as a

and

which being, tenceforward, bo be regarded

British Territory would probably not be within the

meaning of the Statule 3 : 24" 15" 1 Secondly, that it we be decrable that the Orders now to be formulgated, for the retablishment of the propord Court should be exprefly declared to be temporary and provisional only, until M. M. C. Take order for the permanent Government of the Island, and for regulating the various deatitations of it Indicial and Administrative. ?

MR. / I do not know exactly how loucy i is cutunded to porthone making permanen Arrangements, but as the austructions totes. A. Polor were Shuich to hold bougkory by conquer if not by cession, Seclude that we may take it for Grautal d. is a permamento popsessives and that a Aegerlative power enght

al suce be Gwent

Aepermit or Cor

on W. Sifchie's Minute.

на

be an ant. perhand with

minil. Cütlichent.

AT THE COURT AT WINDSOR, THE 4TH DAY OF

JANUARY 1843.

PRESENT,

The QUEEN's Most Excellent Majesty in Council.

THEREAS by an Act of Parliament, made and passed in the session of Parliament holden in the third and fourth years of the reign of His late Majesty King William the Fourth, intituled "An Act to regulate the trade to China and "India," it was, amongst other things, enacted, that it should and might be lawful for His said Majesty, by any such Order or Orders as to His said Majesty in Council should appear expedient and salutary, to create a court of justice, with criminal and Admiralty jurisdiction, for the trial of offences committed by His said Majesty's subjects within the dominions of the Emperor of China and the ports and havens thereof, and on the high seas within one hundred miles of the coast of China; and to appoint one of the super- intendents, in the said Act mentioned, to be the officer to hold such court, and other officers for executing the process thereof:

And whereas, in pursuance of the said Act, and in execution of the powers thereby in His said late Majesty in Council in that behalf vested, it was by an Order, dated the ninth day of De- cember one thousand eight hundred and thirty- three, ordered by His said late Majesty, by and with the advice of His Privy Council, that there should be a court of justice, with criminal and Admiralty jurisdiction, for the purposes aforesaid; which court should be holden at Canton, in the said dominions, or on board any British ship or vessel in the port or harbour of Canton; and that

the said court should be holden by the chief

superintendent, for the time being, appointed, or to be appointed, by His said late Majesty under and in pursuance of the said Act of Parliament:

And whereas it is expedient, that the said court of justice should henceforth be holden in the island of Hong Kong; now, therefore, in further pursuance of the said Act, and of the powers thereby in Her Majesty in Council in that behalf vested, and of all other powers to Her Majesty belonging or in any wise appertaining, it is hereby ordered by Her Majesty, by and with the advice of Her Privy Council, that the said court shall henceforth be holden in the island of Hong Kong; and that the same shall have and exercise jurisdiction for the trial of offences committed by Her Majesty's subjects within the said island and within the dominions of the Emperor of China, and the ports and havens thereof, and on the high seas within one hundred miles of the coast of China and it is hereby further ordered, that the said court shall be holden by the chief super- intendent, for the time being, appointed, or to be appointed, by Her Majesty under and in pur- suance of the said Act:

And Her Majesty, by and with the advice of Her said Council, doth hereby confirm, in all other respects, the said Order of His said late Majesty in Council, dated the ninth December one thousand eight hundred and thirty-three:

And the Right Honourable the Earl of Aberdeen,

one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.

C. C. Greville.

All. Addington day. H

1845

Foregend!! FZDY ? Mundrik 16.

४

Hope 7

LordStanley 7

L" J.) you will fund

Jam directeds

4. Golond

leter of

Stanley, to acknowledge

leg.

Moreceipt of four

the 28 Ulleres, quiloring

which

the Drafts of two lebensshing it is puspored to addres to the Land Officers of th

the

youn, and expresringed Aberdeen's wich 15 be from

with

ith angobrecation, in there pase as Ithick which LordStanley mag

materials for

(tem

an autor desire to make a pou

there letters.

toir G. Macuiton's the ficat of

questine tonight_

directs the Law Officent

ии

butes turgan prepare the deaft of as

Orderin ( Mohibiting M

any

subjects from trading at

but five specified Ports within the dominions of the Emperor of fkinen -

The secoued relates to the Preparation opare Orden for the extablechment at

Hong Kong Jelenetos

Civil Jurisdiction.

On the first letter nothing occurs to dor & Stauley, begond the remark that it would. deme imposible benforce the penalties which ihris proponed to suar

act against.

plesous contravening

Order in

the

Commeil "at any "British settlement on "Rose pion " Except Hongkong.

On the second his Lordship

would obrewe that if the

treating Hong Kongara, Colonlal dependences of the Clown,

times were ripe for constituting

permanent Gook in it,

its would appear whine. desirable to leave to the teal Legislature which might be crtablished the

Countr

hower of creating

Himal

of levitation. Jurisdiction. Butas

that period havnstge?.

and

chappears to arrived his Lordship that

it would be desirable &

confer on the Court which

is now to be constituted

afrimma Civil Juriadection for the punishment of femmes committed (Monfecti Houghing, which kring hence forward a Bontich popapion would herbably meaning of the

b as well as a

کالوئی

not be witheitten

Will ta

the Statute

and that

it would likewise be denciable that the Orders

how to be promulgated for the establishment this fauch should be Exprcfly declared to be temporary provisional only, until AMS tathe order for the permanent

Сам

the Filand, and

Godt of for regulating

the various

Institutions of it. Judicial

and Administrative.

Ravere

سام

RECEIVED

FER 8

1845

Sir

Foreign Office

6.1843.

February 6. 182

I ave directed by The Carl of

Aberdeen to request that

• you

will

acquaint Lord Stanley that suck

portion of your

letter, of

of the

50th of January last, as related

to the disposal of

lands in

Hongkong, and to the collection

of Duties in that Seland, has

James Stephen Eegre

been

been transmitted to Sir Henry Pottinger for his information and guidance.

Замі

Ser Зачем

most obedient

humble servant.

Allebaldingt

Dr. Hope

Getting

Sor

Honkong

C.0.

Foreign Office

February 8. 186.3.

I have laid before the Earl of Aberdeen

your

letter

of the 30 tt

"of January

matters relating to the skland of Hong

Kong

and love directed by this.

directed by this

ou will

Lordship to request that you

acquaint Lord Hawley

that he

Considered it advisable to lake

the opinion of the Low officers

of the frown

James Hephen Exque

Kre

on the first point

&taled

stated in

your

　　　　　　letter, namely the propriety of immediately issuing

under the Great

　　Commission seal appointing her beury Pollign=

to be Governor of Hong Kong..

　　The Law Offriers having stated, as Lord Stauley will perceive by the inclosed copy of their report, that such a Commision may

properly be issued, Lord Aberken

concurs ui

opinion with Lord

Hauley

Hawley that issered with as little

that the same.

should be

delay

possible..

مة

With regard to the question of

the person who, in the absence the fovernor, should administer the affairs of the Seland, Lord

Aberdeen conceives that the

same rule should be obsewed.

that respect,

in that

as is observed

with respect to other Colonies

which

which have come into Her

under similar

will

Majesty'; Possession circumstances. Lord Sauley be best able to judge whether a General Formant Commission, such as has been issued reference to the Inferintendency,

which a Capy

aced of which a

transmitted to

you

d with

was

in the

letter from this office of

the

as an inclosure

5th

of January, as

in Lord Aberdeen's despatch.

{

to for Newry Pottinger, h?q1, might

not be issued

in order to provide

for the temporary absence of a Governor specially commissioned by the frown ._ Lord aberdeen

however conceives that, at least

in the first instance, it should be provided that such Borment Couemission

should not come

into operation in the event

the absence of Sir Henry

ува

Pollinger

Pottinger from Hong long on

matters connected with the-

general intercourse of ther prajesty, subjects with the

　Dominions of the Emperor of thine, unles bir Herry Pottinger should himself think it

advisable, on abrenting himself from Hory Kory, that the person

Hong

to whom such dormant Commistion

would be addressed, should assume

приме

and Exercise in his

own person, during the absence

of her Hewry Pottinger, all the functions appertaining to the governor of the Seland.

Раш

Your most obedient

humble servant

Alleschingen.

ས

Copy

Lurmediate

10 Zel

25. Stoppe

The question here is, whether a Commission shall,

commer

be prepared, appointing sier Henry Pottinge: God. of hong kong I suffore that the correspondence must inme

between Lind Stammlag and Sei St.

Pottinger.

4.) As I belion this arrested

come to ces ultimately think (the troue. it comes the betten - 829 a preoûte a from the Quice's Advocate Afreds

thesh an Pider in Council is ins preparicious sitablishing a

Court of Justice in Something

lenn

at all courts we negot to bed fully informed upon

Feb. 15. Laba Draft of an Commission #hi H. P.h

the right of the Cured #lyjslate t

besedes ottere questions. bening afloat as to leges Cation for it by Parlt and of wes are to carry this

bulances out

they had

better

Juse

равад ва

Civil forms, and plaing the Island Fenerally on the forting of the

link

༔མ་༩།༡

прив

in 25.

1843

C.O. FOR 10

RECEIVE

Hongkong 90

My Lord,

Doctor's Commons

February 2. 1843

Lordship's commands

We are honoured with your

signified

Luxtant slating that he was

in M. Addington's letter of the cos

directed to state to les that the

Laland

of Hory

kory

in the Chena

signed by bir tty Pottinger by the third deterle of a heaty

Lea is at present in the Military rccupation of W. his torres, tot

wilt.

The Earl of Aberdeen K. J.

the Plenipotentiaries of the Emperd

хи

My Chemia

　　　　on the 29th of August last "(copy of which is enclosed) the Island of Hong kong is reded in perpetuity to ther Majesty that H. his. Ratification of that healy wassent out to China by the last mail to be exchanged against tho Natification of the Eueperor of China; but that it is the deleraunton oft. his foot whether the Emperor of thecia ratifies the Treaty or not, that Hory Kory shall be a Mitish Posesion and be retained as such.

Ander these circumstances,

M. Addington is pleased to request,

with

that we would of our earliest convencence report

report our opinion whether Her Majesty might propriety ipue immediately a commision under the Greatht Constituting and appointing duck Personas Her Majesty may pleased to select to befovernor the Seland of Hory long; and whether Her Majesty might have a further commision authorizig any Person to act as fovernor in the absence from

the

baland of the Person specifically

appointin

appointed to the office of

Governor,

on is the vacony

of that office by dealt, resignation

or recioval.

In obedience to your bordelif

Courmands we have the honour

to report that having taken into

　　consideration the circumstances stated, we are of opinion that Her Majesty may with Ropriety iseve the proposed Commission

We have re

(digned) I. Jadson

Fred Pollock

W. Follett.

22. Jet:/43.

Sir,

29 Font

RECENED

FER

189 ོམས་པ

offier

February 10. 1843.

Iam directed by The Earl of Abordin to transmit to you, for the information of Lord Stanley, Extracts of Correspondien which has passed between fir Henry, Pottinger and the Chinese Penifitiations

since the signature of the Treaty of Nanking, on the subject of the Jurisdiction to be exercised over the Chiness. Residents in Hong Kong; and an Extract of a despatch

Henry Pottinger on

from Sir Henry

S.W. Hope Espr.

The

the same.

subject...-

Дали, Jaw, Sir,

Your

most obedient

humble servant

J. Refer seems to one that the concession made by Sir Henry Pottinger bead to difficulties, almost insuperable. If..

Chinese

Queen ': Dominions at Honghong commit a grave offence he is be amenable to The Queen's Courts, but is to be delivered over to the Chinese for trial. Suffore the case of an Englishman murdered by

Chinese . Is it fit that the Author of such a crime should not be punishable in The Queen's Courts ? Sufpore partial to the Chinese Prisoner -

the Chinese Court a

How in the injustice to be redressed, and how is the

Public mind to be vatisfied. Suspore

an action

done by the Chinese to be a crime under our Law, and not under his own. Is it to be free to do such actions with im =

= punity ? Many other difficales

might be raised. Perhaps the

answer to them all. is

are not

that they.

collectively of so much decount

луй

апал

some

British Colony the

　　Hongkong, at least dappre to dela any longer constituting as proposed by Mr. Stephen - hend that according to the law as declared in the Creole

for offences committed in Churia much less for excentive authontes will have no power of Pextradite

legislative authority in

offences committed

case when one in has become.

есено

IN 15.6

Beikit Semitry

The valjete in one of Tualy, and at purant thinsur

exclaring in the hands of the F. P. If a heel en hviled it will

validity. Ifnese great

such condities, Jappinhen & arrangement

et of Part: wile he equined to fir

вл

M. Hope

13 Lel Should not some answer

for the profond

this saljeet.

to the 7.0. be written on

on that velfiect, I confine engulf to the general coard tal the recefictly

sertion of pusiidiction could seem to demand careful

raising a new quarrel with the Chinese. Without pretending to have an opinion

ces to the thies

Fow

with.

which has been made by Sitt?

cumstances of the case

an arrangement as that

though of course

and the existen

howeve

as we be

the

difficult

Polew the peculiar cir-

they may be unavoid":

hot helf

& M. Mr. Addington Eesti

Lord Stanley

W. Hope

H. Stifther - 20

Jeb. 1843-

Livings

Feb. 1843.

I am onected by hord Stanley

receipt

orgaz

1777777

of the 10th Purtant,

acknowledge the reift of your

anclosing

Plenipotentiones since the signature of

of a correspondence which had passed between Sir H. Pottinger and the Chinese.

the

Qualty of Ranking

on the subject

the Chinese Residents in

of the furisdiction to be exercised over

Hong-Kong: I

Extract of a Expatate prom Sir H?

Pottinger

the shome

Lord Stantly prests

that gon

subject.

Ine

to request

that, in Lis Struny Pottinger's letter of

won observe to Lord Aberdeen

Sir Benny

19h. Sep: 1842.

signified to the

Chinese Commnifioners and Vice-Ray, wie

willingness to agree

that all Chinese.

People, whether permanent Residento.

cainal settin

Sojourners,

107

crimes, involving Capital

of Hong-dong, shen accused

نصر

the Feland

f. ver

serious

other devere

punishment, shall be handed over

ضرونه

tial to Chinese Offein, who reside beyond the limits

Whatever. mag

reason✔

are

tho

be the Diplomatie

ncommending this concession,

tord Stanley affrabende that it canest

fait to be attended with much

theoretical difficulty.

heal niconvenience.

limited to the

which Chinese

and much free =

If it had been.

ca.20

7 ffences

were, at once, the Agents

and the sufferers, the invasion

the

general principles of haw would have

been

　　considerable, though, less

that case, it wouts, according

European maxims and

Lime. v.

各

ፈረ

great anomaly

that ta

offence.

urages,

ہے

committed within the precincts, and

should be tried in this Courto

another.

against the Law,

ཤི་དེབ ་.བའ་སི་ོབ་ོ

Country

Country.

But

suppor

the

off.

Laude

Cure

a crime com ૧

mitticle joully

Chinese and Engfüchmen,

of a crime committed:

the

Chinese against the person, or property,

of an Engholman, the tränifes of the Jurisdiction to Chemies Opuis resident

ni China must be attended with

senions exbanosement. The Segheit

hey Offender

in the

be subjectes .

Mi.e.

Con Cale,

to the same

& not

Pribunal..

as his felton Criminals. The English

ค.

sufferer ein

the other..

substantivite the injuring

Foreign

Court, in the part of whiche no

reliance

funtion I. reasonably be placed.

Actions, which our

Car

as Capital be regarded by

si a

Cus

Low might regard

highly Penal, might.

the Law

different light.

China

The words.

Murder, Robbing, Rafe. Arson and

the reste cemployed by bis de Pollenges

may,

ሪ,

Curhaks have

convertible terms.

the Chinese Languages bout the

in farbability.. almost to

the corneal

cách dị

4.11

is such ar

to amount

simpose lively

used

that

two hations, orond be defined by

both in the came

The

Then the

Јане

action wond

enturely shift di

legal character, and it's legal

Con

Its

- sequences, by the transfer of porisdiction. Acts, to which the

Englute Low might attach

punishments, mught he visited.

extreme

bey

slight

the

Chinese Judges with rahome fonallier,

comparatively

they might regand, as mecgnificant

Acts which

Law.

240

ane

convidered

021

　of sexy great mihiquity. By the perford arrangement

recognition word

virtually

off the principle that Hong Kong

made

transferred to Great Pintain in ocupancy

not in

Soveringely -

principle which

Lord Stanly perenice in not

musted.

their

Com

& obscurely

by the Commissioners in

munication's lo

Heming

Pottinger Die Loverlief affrehend

that it may be hopes the minds

Cuthorities with

difficult b

The Chinese

any

district conviction

that Hong Kong has ceased bholung

to the Emperor

China, still mov

wrth

such commetton of the

consequences deducible Bub

from that

fact

it should hereagles be neceuang

to sport the Sovereige rights of the Corn

arret

mi olther

respects, hord Stanley fears that this concision would add much to the difficulty of rendering any assertion of throne rights affectual.

Lord Stanley Dr. further with that

send Aberdeen's attention shouts be

drawn to the quation whether it 13 ?

be practicable to

concesion

made

to carry

ints effect the

by his dining Pollinger

Indiament.

wiltiont the authority of

Some Laur there must, afferently, be

to justify much a renunciation of the duty of the Crown towards all lessons July living within the Queen's allegiance; and Lord Stanley supposes that it

l whether

is at least doubtful.

any

authority, inferior to that of Partin.

-ment cd glüblich auch

I have Jen

Law.

Extract of

In 29 YouTu

FEB 11

1845

a despatch from Sir Henry Pottinger

to Lord Aberdeen; h? 54, - Woosung, October 16.

"The letter froue

1842

the Plenipotentiary

of September 27. is chiefly occupied

with the question of the jurisdiction to be rxercised by

us over

the

inhabitants of the island of Houghey.

to in duelaxure R : 4 of

referred to un

this

despatch, regarding which the bigh Officers appear to be accesions to a degree that had not anticipated. I am quite prepared to meet their views in all instances of serious

offenen

offences

or crimes, but I confess

not yet see how a large and

cannot yet see

mixed native Population is to be

Kept in order, unles

our

officers

on the spot are vested with what

may

　　　　be termed Police Authority, in contradistinction to Iudicial power. the difficulty could be at once reconciled by allowing a thinese Officer to reside on the Skland to experintend the Police

the Chinese of people, but that is an arrangement which Ishall be loath to adopt if I can possibly avoid it!

Extract

C.O

FFB.11

letter from the Superint

Commissioners tobi Heury. Pottinger dated Youkwang, September 1. 1842.

When the English merchant people

are regaged in commerce at the deveral Ports it will be impossible to secure that

there will be as

legal disputes between

the Country.

them and the people of

Formerly.

with the English Merchaut

Vepels at (auton, it has on many occasions been objected

that as men.

- from a far country they could not be tried and pidged according to Chinese law. And

it has been said that it is desired to establish courts for trial and adjudication of

the same kind as

the

the English "Courts of byer

and Terminer"

But it is on record that in the.

the 19th

year of heilung (1754) a Freuch truminal Shilouishi () was in respectful obedience to the Imperial Command and Pleasure, directed

to be

house to his own

there to be

　　　　　　　　　Country conveyed

e pidged and dealt wilt.

And, in the pt year of Farahwacy.

too (1821) in the cave

　　　　　　　　　of a seaman of an English ship of War Killing a Chinese of Whampon, of the name of Hwary, the then foveran feneral, Juen queen, addressed the throne requesting that it should be

desired of England itselfs duly to

punish

punish the offender. This being allon record, it will be right forthwith to settle distinctly, regulations,

whereby in

any future cases English merchant people being involved in legal proceedings with -the people of the Country, the English Merchants & hall be given over to English jurisdiction, while hatives shall receive punishment from their own Country, thus avoiding all cause of bloodshedding dispute. The Foreign merchants of other Coreaties meext now however drag in this as a precedent for

their".

Extract

The dueperial Commiss

Sir Henry Pottinger

September 1. 1843.

100

in 29 Hong Kong 201

Extract of Sir Henry Pottinger's Reply to Letter Fron

Imperial Commosioons of Sept 1. me, tated September. 5. 1842.

"The object of

the 8th Article of the

Memorandum of the High Commissioners is most proper and satisfactory. In all

cases of Disputer amongst Merchants and Dealers, they will be settled by the Chinese local Officers

::cers in communication.

with It: B: M's (onsular Officer.

case

trimes

any

where British Subjects are guilty of

which deserve Panishment, they

are

to be delivered up to the Birtish Authorities

for trial, and in like manner whew

Subjects of China are charged with like serious offences, they will be handed

over

Extract

Lord Aberdeen

Sir Henry Pottinger

46.54

Worsung. October 16. 1842

over to their

own

Appices for investigation

and punishment. There are

a few hundreds

of [homere People residing at present in the

Island of Hongkong, and should they

determine to remain there,

now that that

Island is ceded to England, they will of

course

become

subject to whatever Laws and

Regulations may be formed for the

management of that Settlement, but all

temporary sojourners and casual Traders,

will be considered Sabjeck of

the Emperon

of China, and will come under the Rule

"stated above!

你

102

in 29 Hom

103

LEC

EB 1

Extract of a letter from the Semperit

Commissioners and Viceroy

and Viceroy to hoi Henry

Pottinger dated Yaoukwing September 7. 1842. -

Regarding

hut

what is said auto the

the

Establishing of Laws and Regulations for the strict government of English merchants, their Families, and Dependents; and with the exception. of the Five Ports, if, along the whole. coast of thine, English Ships are Engaped in sunggling upon proop

the same, the goods may

confiscated on, the,

all this may

be seen still more your Excellency's

strict sense of Justive without the leash bias or partiality: We the Cumcifioners do indeed conceive

for

Extract.

Sir Henry Pottinger

The Imperial Commissinen

Јерков

5.1842.

for you

the

highest respect. But, very as ryards Hong Kong, and the Duber,

there

are

　　　　　　still some points which require further consultation. butting aside, however, the Question the duties, which shall hereafter be printed, and bound into a Volume, according to the rates extablished

the Board of Revenue, and published

also

board that all wen

way

followers

see them, and the Mandarin,

not in

be permitted of.

may

any way interfere with their butting aside tor

the question of the various charges,

and

　　　of examining distinctly which are those that ought to be retained, and which

those that ought to be abolished, the result to be fixed by Tariff upon a

moderate

104 moderate scale; which rad will be worked. out, after we the High Coumissioners shall have arrived at (auton, where

consult about matters, We shall again so as to leave no room whatever for any

disagreement or unpleasant dixiupion, putting all this aside there only remain, the point of

our

People whome

may

dewell at Hong Kong being punished

for slight offences by English officers, regarding

which we must now report

to the Emperor, and, as we apprehend

obstacles to it, there will be

many

we cannot but lay before your

our innermost thoughts.

Excellency

e find that,

on the People of Hong Kong

becoming enbject to the English hation

　　it is proposed that at freininals who have committed (reines wor thy of Death or severe punishment are to be handed over to the Chinese Pandaria! for Trial and Punishment, and that Reople guilty of trivial offences, liable to lighter pecnishments ought to be dealt with by the English officers.- The two focabries having now concluded Seace, little brifting matters of this kind might perhaper not be deemed worthy of consideration : but the laws for the fourt of Chiria

defined mosh

аме

clearly the mandarias of tokien convotin with the Affairs of lacton ; the People

and minutely; thus, for aislenme,

of the district of shaugynen

are not

105

subject to the majestrate of keaughing.

how, if by any

chance the People.

agreed upon

Hong kong should refuse submission to Punishment by English Officers, the consequence might be some unfortunate circumstance in other, and would not this be likely again to give rise to hostilitier ? more over, in the course. of last year, when it was

-place at Canton to give Hong kong of residence for british subjects, the English Commanding officer Brewer ipured a proclamation clearly setting forth that "any of the resident People of Hong Kong whoshould be content to submit to the Surisdiction of

as a

the

Ruglish

106

"English officers, should petition distinctly "the said English officers, and they would "govern them and direct their affair", _ and at that time the Lieutenant

· Sovernor of Cauton respectfully submitte the same to the Exsperor which bot the Cabinet minister Keschen being punished for this as a freine, a circumstance

which both those aklowe and a broad

are well acquainted wilt. how, we the High Commissioners, as regard your holding four merccal relations have

and

　　again - fourth time memorialized the Emperor, till we have received his gracious asent; if however uponthis one head the Cabinet Ministers wer

to entertain different views, what in that case should we do! We humbly think that your object in residing hong kong is purely commercial, Superintendents are not set up

account

and

ни

the Chinese. According to

What is stated in

Your Excellency's communication. "Lenceforwards any

the

"Chinese accused of murder, Homicide, "hape, Robbery, and other grave creines, " shall be tried and punished by district magistrate of Sinan : this

in the Extreme._ Only "theft

is proper "shoplifting, Pocket- picking, Rioting, sacmbling, Drunkenness or or " are to

107

be punished by the English officer residing at thong hang.

　　Having turned the matters over in our winds, this plan doesnot appear segood, as following the system adopted at macas, where there is an apistant magistrate on the spot, if therefore we were to appoint a Subordinate assistant officer to reside at Kowloon or Foren-sha try. in the said District offinan,

that

supposing any of these trifling offences were to be committed, and

the freicinal to be handed over

　　　　　　　　　　　　　　to the English officer & such subordinate Chinese Officer, he being quite at

hand

hand could immediately adjudge

and punish him

behalf of the

ruglish officer who might theis be

shared deal of anxiety, and the thinese People would have no pretence to make recarks. Acting

in this

way, disagreements would for ever be put a stop to; our treaty of peace would be fortified and

Established, and would not this tend to the mestural happiness of

both nations?

Lu reference to what your Excellency says about Chinese People develling in Singapore, and other flows subject to the English, and being

Soverald

governed by English Laws, these

have gove

over

vast oceans.

distant

thousands and tens of thousands of Miles, and since they have fled beyond course become subject

Seas, they of

to the Englisks.

on in the same

me But Hong Kory

joins the fentral land itself, the men and women upon it are alike our People, so that Hongkong cannot be looked

light.

　　　　　　　　　　　　as those Regions. which are subject to the sway of the English nation. We the High Commnprs having frequently had communciation with your Excellency, know your intelligence and clear understanding, your aquaintance with the world and that you are indeed among the

ablest

ablest men

108

the English Nation; we

presume that for like this, you

risk

little difference

would not like to weathe

it is

of overturning the whole plan. of our arrangements. Herefore that we are not afraid again and again

to tease upon

this point, hoping that it may yet be properly arracyed.

We trust that your Excelleny think maturely upon this point, and again,

let

have your views in

may act accordingly

will

reply that

A most important communication.

109

Extract of a Letter from the Imperial Comminers

and Viceroy to Sir Henry Pottinger, dated September.

13. 1842.

: your Excellency's Reply [under the 8 t head ] is the following Sentence; "there " are a few hundreds oflhmiere People,

-residing at present on the Soland of Hong

"kong, and should they determine to " remain there,

now that that Island is

"ceded to England, they will of course

become

" subject to whatever Laws and Regulations may be framed for the management "of that Settlement &e to "

вс

We find that Chinese People being, restrained by Chinese Mandarins, and

English

Extract

Sir Henry Pottinger.

The Superial Covenicssrs.

Tooukwang. Sept. 27.1

1843.

English People being governed by English Officers, is the principle by which we hope

and

wrangling.

　　to put an end to all discussion Now it is time the Island of Hongkong has been graciously given by the Great Emperor to the English Merchants, as a place of Residence ; revertheless the People of Hongkong ought, as of old, to be subject to - the rule of the Central kingdom; if, however, this principle be changed, and there People are to become Subjects of England, supposing that there People are unwilling to become such, it will be a very difficult thing

indeed to force then inclinations.

Moreover

110

Moreover, since the Residents amount to several hundreds, [as stated above], the People being numerous, their dispositions

cannot all be alike; thus stile more

difficult will it be found to govern (hinese People by English Laws. And again, during last year, the English Authorities proclaimed to the People of Hong Kong, that "those who had Houses and Lands," [ They are here quoting from a Proclamation issued

by Svi Gordow Bremer, and Captain Elliot in Jaw. 1941] " should continue to inhabit them and :

" cultivate them

of old, and that

-"they should be governed by the Laws

111

of the Fatsing Dynasty, all kinds of " torture only excepted"," and other words to the same

effect. In this manner, then, the People of Hongkong would be governed by (hinese Laws, and get the administration of these Laws would be in the hands of English Officers ; thus not being reduced

to one

uniform system, this state of matters could not possibly be of long.

duration. Let us

suppose

a case

way of illustration - Englishmen - may

bring

their families along with them,

and reside at different parts of the Central Land, and, they being subject

to the Laws of England, how could the Administration of there Laws be entrusted

to our

- Chinese Mandarins ? This is quite

parallel case, and, by stating it thus,

may

be known our,

+ position. The People of

Hongkong, then, no matter whether they be constant Residents, or merely temporary Visitors, ought to be governed by

Mandarins as

before .

our

-Chinese

This is the

way

strengthen the foundations of Peace and Concord, and put a stop to all disputing and wrangling. As for those who are willing to hire themselves out as Servants to the English, there

may just follow their own convenienco and inclination."

in 29 Hong Kong 112

Wract of a Letter from Sir Henry Sollinger to the

Imperial Commissioners and Viceroy, dated September 17. 1842.

In reply to the first Article of the Memorandum of their Excellencies the Imperial Commissioners and Vice Roy, Her Britannic

Majesty': Plenipotentiary begs to say, that he is most anxions and willing to remoro,

in his

as far as

power, all difficulties and doubts ow po

the question of Parisdiction, and he is therefore

that all Chinese People,

willing to agree,

whether permanent Residents, or casual Sojourners, on the Island of Hongkong, when accused of serious (aumes, such as Murder, Homicide, Rape, Piracy, Robbery, accompanied by siolence and maiming and wounding, Arson and other fumes, involving (apital

other

severe

punishment, shale be

handed

handed over for trial to Chincie Officers [[Mandarins ] who are to reside at the Town of kowloon, on the Peninsula of Jecon- sha-trag; but it being obviously necessary that the on the Island, where

British Authorities

Mandarins cannot be allowed toreside,

should possess the power of punishing Sousons for trifling offences, such as theft, Persons Assault, Shoplifting, dicking Pockets, Gambling Risting, Brunkenness & to, it must be clearly understood that that Power is severred to them. It . B . M's Plempotentiary takes this occasion to explain to Their Excellencies, the Imperial Commissioners

that

inferior

113

that, with respect to these trifling offences, the punishments awarded by The Laws of England and Chinas

are

very similar, consisting of Fines, Flogging, and Temporary Imprisonment for greater

吃

lesser periods; but that no kind of

Torture, or extortion of Confession of Guilt,

is allowed in British Courts. Their Excellencies

are no doubt likewise

acquainted with the fact, that large (olonies of Chinese Perple have long been settled and living happily under the British Government, at many places such as Singapore, Malacca, Penang, Assam, (alcutter, the Mauritius, de to all of which they have voluntarily

gone."

Extract.

Svi Henry Pottinger

Imperial Commissiezers.

Sept. 17.

17. 1842.

114

nos 50.

21. Jeb: /43.

Sir,

RECEIVED

FEB 11 1843

Foreign Office

February

10. 1843.

115

With reference to my Letter of the 3rd of June last, inclosing copies of two Instructions addressed to Sir Henry

Pottinger, I am directed by the Earl of Aberdeen to transmich to Yow,

the information of Lord Stanley,

for

Copier of despatches from Sir Henry Pottinger, inclosing copies of his correspondence with Lieutenant General Sir Hugh Gough, relative to the transfer of

G. W. Hope ref.

certain accounts

Extract.

The Imperial Commissionen.

September.

Sir Henry Potten

Winger

13.6842.

to the charge of the Military (hest, and

to Sir Henry Pottinger's determination,

under

circumstances,

der Existing circu

retain in his own hands the Government Af Hong Kong, and to provide himself for the future charges of the

Extablishments to be maintained

on that Seland. -

Jaw, Sir

Your most obedient

humble Servant

Alleshedding the.

1843

Fomanded by FEBY 853 Murdock 15

Stephen At:hope Lord Stanley

16,

In 9.0. Welen of 10 Tel.

Sin

116

Jam directed by

the

how Stanley to transmit to you, herewith, for information of the Lord, Commissioners of the Renairey the lakier op a Correspondence between Sir A Pottinger. Bir M. Gough relative to the hacofer opcertain Account to the change of the Military

Chest, and to the manner in which the future. charges of the establishment Whe maintained in

are

tobe

movided for.

Rause

att

117

118

M. Hope This seems to be chiefly a question of the forms in which the accounts are to be kept; and, therefore, a question for the decision of the Treasury. From the want of a clearer understanding of what has already occurred, thine Defalibus in are not very intelligible to me. You or Pd. Smith will be able to understand better.

Lad Stanley - Feather thich Hilst the question''t here debated nipole more. than mere mathies of afcount. The principle repon which it was proposed to proved was as I as Butish Jerritory

undustand it not to treat.

Hong Kong

this have party

as x each

of it, as a Butch Perritory.

Ano

are no doubt is way proper, but it raises at once questions porntic & when as & the other legality of such a proceeding without the auction.

med the gover Custs Ferages

mikian.

M. Stephen Queen's

com

Get. 13. The question of numele much be experred, Ipertume, to the Sunse but this disfubite suns to make it lighch expedient that

sheh such ach to Sib. V. as

of the

but as occupied in a Military pouit of our only until after the exchave of the ratifications. This however sie Hr Pottriger declaus,

hr.50.

Copy

My Lord,

7.20

in 50 Hong Kong 119

Yang - Fie - Krang. 3°. Oct. 1842.

Beam frigate "Queen":

With reference to your Lordship's despatch

Expenses incurred by

the 8. of Inne last on the Subject of

elsewhere, I have the honor to forward

me at Hongkong and

your Lordship a copy of a Letter, Wo. 161,

which I addressed

dient: Gend. Les Hugh Gough. GMM.

on the 24mm Altims to

I have to

(signed) Henry Pottinger

The Earl of Aberdeen A. I

Сари

h.161.

I prem

in 30 Hong Cons Chifen

From Frigate Incen 11

1843

off hanking. Te usar

120

me that f : 2 : will have received

wele

a copy of the Deo patch W:20 addressed to the Ht. Mis Principal Secretary of States for Freegh Affairs, on the 3? of June last, directing that the whole of the Expences incurred at Hongkong, Koolungsoo, and other Places the occupied by It. M's Forces as Allowances of all Officers appointed for the administration of those Places, shall be defrayed from the Military (hest of the China Expedition ; and further that the two sams of £3000 Stg. for which (apt. Elliot

H. M's Treasury in May 1841/ $34,000 set apart by the same Officer from the money obtained from the Chinese Authorities at Canton [as well as any other Monies procured by me for general purposes ] shall be placed to the fedit Sir Hugh Gough GCB

drew on

and

of the Military (hest.

　　I shall have no difficulty in pornishing your Excellency with Statements showing the Expences incurred and the sources from which I derived Funds, beyond the Sams mentioned above, to meet them, but as a portion of the Rccounts relating to some of the Disbursements made to the daring my Predecessor's time and since I apumed charges, have been sent to England with their original Vone hers, it will probably be recessary to await further horices and Instructions from Home before they

Cen

finally settled, and debited as directed.

In the meantime Imay add that with regard to any of the Charger which I had been

led, from the measures of Capt Elliot to suppose would be debited to the (wil depr (such for instance as the Harbor Masters.

at (husan and Hongkong : the Land

officer

and

121

and Chief Magistrate and their Establishments at the latter place, the Ransom paid for (op Dicey, and the Survivors of the (sew of the "Madagascar " ]) I shall be happy to afford such explanation as may be required to bring them to the Head to which they

to be placed.

are

I shall forward a copy of this Letter for the information of it. This Goo: and the Governor General of India.

I have to

Signed) Henry Pottinger

122

W.50/12

Inclosure in Wo50,

40/42.

from brokery Pottinger

сору

Сори

October. 3. 1842.

fang-be. Krang. River.

From his Henry Pottinger

1. Inclosure.

21.50.

Dup: 1.5.2.

Nowy Kon 123

FERTI 18443

not

My Lord,

Steam Frigate "Queen"

off Shanghai 14th Oct 18/43 .

In continuation of the Subject of my despalah 11030 of the Ith Inat, Shave The honor to forward for

Your Lordship's

information, copies of a letter dated the 10% Instant, from

Lieut. General Sir sough

Gough G. C. RD., and of my reply. narys of

The 13th Fretant

The Night Honorable,

The Earl of Aberdeen 10. 4.

le.

10.

Duplicate

.0.

FEB 11 1843

124

I have the honor lobe,

My Lord,

Your most Obedient,

Humble Servant,

Brunu.

17. Mi's Plenipotentiary.

Copy no 2.769.

Marion" off troosung 10th October 1841.2.

So the

I have the honor to ackno

receipt of

owle-dye

Your Bullency's letter of the 2.4" Allo",

you, that Shave receivers,

No 161, and to acquaint you,

on the 25th a despatch from Her Majestygs

Principal Secretary of State for the War and.

orwarding a copy of

you speak, from Ford._.

the despatch of which you

Aberdeen, to Your Excellency's address.

It is a great object to me, both on public

and private grounds, to send back the Troops

Nis Excellency.

Sir Henry Pottinger

10.

Part.

10.

not

not destined to remain in China, and having made the requisite arrangements, to return

myself

to India, as soon as possible, and.

I shall therefor feel obliged by Your

Excellency's furnishing

de good is to propose.

as you

are

　　　　　as to propose, with the papers mentioned in the 2nd and 3rd Paragraphs

of your,

letter, at as early a date as may

be convenients, with a view to enabling

me.

to have the charges brought in as a_ Supplemental account in the Payollader

disbursements.

I have the honor ve,

Signed It Gough

True Copy

St General

Richard Wooskam

Acting Secretary

Copy Ne170.

in Ba

Duplicate.

trọng là 125

C.O. FEB. 11 1843

Steam Frigate Queen

Off Shanghai 13th Oct 18413.

I have the honor to acknowledge:

the receipt

of Your Excellency's letter, No. 2769 of the 10th. Instant, regarding the charges which are to be transferred from

Department to the Debit of the

I beg

the whole

charges.

they

چوری

the

Military Chest.

to acquaint Your Excellency, that

of the accounts connected with those

are at Stongthong, and that as are already chiefly embodied with other

His Excellency,

Disbursements

Licet : General Sir Hugh Gough G. C. 19.

ye.

tc.

усо

Disbursements, commencing from May 1841,

it would take probably

require

considerable care

extract; them.

some weeks and

and trouble to

I would therefore suggest, that Your Excellency should not make any change in your personal movements and. plans on that

account, and as soon as the statements are

prepared. I will be happy to transmits one

them to Your Excellency, and to

spy of furnish another to the Pay Master at

　　Songhting, who will, without any sick Confusion, be able at once to submit them to Government in the form of a supplemental account, accompanied by

an Gtract and :

copies of the correspondence regarding fully explain how they

them which will

have

have been kept back so long.

I have the honor to be,

to.

Signed] Henry Pollinger

N. M's Plenipotentiary

Tive Copy richard Woosham

Acting Secretary.

126

Copy

2.61.

1(a) s

My lord,

in 30

127

Team Frigates "Kazon"

የፋ

Chusan. betr. 28. 10142.

With my dispatch 2052 of the 14th dast. I had the Conor to forward to your lordship

Copies of a further letter which I received form dient : Gent : bis Higt Gough,

and of m

reply, in continuation of the subject of the

charges, incurred

bying Predecessor

and

myself, which are to be transferred to the debit of the Military (hest.

I now beg to forward to your Lordship Copies of three additional letters, which have passed between the deeût : Gen: and myself connected with the same subject; and to express my hope, that the resolution I have now come to regarding the Soland of Hongkong and its expences, subsequent is the Treaty, will be approved of bey H: M's Goo!

The Earl of Aberdeen раноден

£7.

Even

rupaca..

Litter N:170 regarding the

Ich are to be

Charges. trane, erred from

the Civi

Allilitary Cheet. department to the. It hit of

13th October

ther

Nr 32 of 1842.

Inclosure No 2 in despatch

　　　Even should it be hereafter consider & expedient that those expences shall be included in the general Military charges of the Expedition, they can be easily transferred to that head, and for the reasons set -

　　　　　　　　　　as set forth my despatch 2.0 of the 20th May last as Chief superintendent, and which have become infinitely more cogent since the Treaty was concluded, I consider it, as I have stated 4 Sir. H. Gough, indispensably neces retain the foot of the Soland in my o

I have se

necessary

(Signed) Henry Pottinger

hands.

Copy

W. 2775

Sir

in 30

Acad Quarter this = "mazon

off Chinhas. Act. My 1882

the

need

"I have the honor to acknowledge receipt of b : 2 cys letter of the 135 dust, Wo. 170, and in reference to the remark that any delay in furnishing the account and explanatory Statements in : question

wil not effect my movements, as

you be good enough to send me a Copy, would request that, in the event of my having left China before it is prepared,

with have the kindress to send the documents to my successor

:cessor in the military

you

command.

Once rivested of that command it will no longer to my part to pass to the head of military charges the disbursements already made nader

your authority and that of G: Eigs predecessor, and in

Sir Henry Pottinger P. Grz

regard

129

　　sature expences, I conceive that the. direction that they shall be incurred with the exclusive sanction and upon the sole responsibility of the General Commanding in Chief, will apply to the officer actually holding the Command.

　　I shall therefore upon my departure [ which will much depend upon what lear from the Governor General ] leave sistructions accordingly with my successor, sales contrary orders shall have previously arrived. With this new I would request you to furnish me withe a list of the appointments that have been made, and of the salaries attached to them, and to favour the with Z. Ecys opinion as to the expediency of keeping them

пр

up under present altered cricumstances.

I have se

(Signed) St. Gough.

2. fent : Commanding Expeditinagy

Land force.

in 30 Hoppen 130

Steam Trigato "Queen

C.C

At Chusan - 24. October 2

午

the

" I have the honor to acknowledge. receipt, this day, of b : Eags letter Wr. 2775 of the 17th Just, and in reply to state my opinion that the appointment of Harbour master at Chasan cannot be dispensed with

long as I : M's Forces shall continue to occupy Tinghae . 5 accordingly

enclose a statement of Mr. Steads personal Salary, and of the allowances of his Establishments sanctioned by me, together with a fertificate of the period up to which they have been paid.

his

the

The Amount which has been paid M. Stead and his Departments, since first nomination to the situation on 1th of December 1041, with be included in the General Statement of Charger which I have already sent Instructions to have prepared at Hong Kong, with the object gh Gough GMB.

In Pir H. Pottinger's

W.61

of 1843.

сори

شهرکی

in 30 Hong, Ron 130

Steam Trigato "Queen

At Chasan - 24. October 2

"I have the honor to acknowledge

the

receipt, this day, of 5: Ecigs letter WP. 2775 of the 17th Just, and in reply to state my opinion that the appointment of Harbour master at Chasan cannot be dispensed with so long as Ht: Mi's Forces shall continue to occupy Singhac.

enclose a statement of I accordingly enclose Mr. Steads personal Salary, and of the allowances of his Establishments sanctioned by me, together with a fertificate of the period up to which they have been paid. The Amount which has been paid to W. Stead and his Departments, since his

the first nomination to the situation on

December 1041, with be included in jeh of the General Statement of Charges which I have already sent Instructions to have prepared at Hong kong, with the object gh Gough GLB.

W.61 of 1943.

du bir H. Pottinger's

From Sir Hugh Gough J.C. A. Duplicate.

Copy

2.170.

نهایی

in 30 Hong pony 130 Honypony

Steam Frigato "Queen

C.C

At Chasan - 24. October 12,

" I have the honor to acknowledge

the

receipt, this day, of b : Ecgs letter W. 2775 of the 17th Inot, and in reply to state my opinion that the appointment of Harbour master at Chusan cannot be dispensed with

long as Ht: Mi's Forces shall continue to occupy Singhas. 5 accordingly

enclose a statement of Mr. Steads personal Salary, and of the allowances of his Establishments sanctioned by me, together with a fcrtificate of the period up to which they have been paid. The Amount which has been paid

hi W. Stead and his Departments, since first nomination to the situation on 1th of December 1841, with be included in the General Statement of Charger which I have already sent Instructions to have prepared at Hong kong, with the object Sir Hugh Gough GMB.

the

In bir H. Pottinger's

W.61. of

18463.

Off Shanghai

China:

HAM's Perimotente son 1.4th Nolober 1842.

131

of expediting their transfer to the military charges of the Expedition, up to the date of the signing of the Treaty :

and

له

Subsequent to that date, the Soland Hongkong having become as Possession of the Horn of England, looking & that fact as well as to the negotiations I have already had [ the result of which is still pending ] with the Imperial Commissioners as to the footing on which the spinère Inhabitants residing on, and resorting to, the bland are to be considered, and the Laws and

are

Authority by which they in the groomed, and also adverting to the Soland having become the Station of It : Mis Superintendents of Trade in thence, which has drawn a rumber of British and other Merchants to uside there, I beg to say that d neither think the Instructions from Lord Aberdeen

well

of the s. of done can now applicable to

3 the altered position of the Island, nor that they could be acted on without serious public inconvenience, as political Embarrassment, as regardo

questions of vital moment between the two Goot and which have been uported

me to the Lueens Ministers.

great

I therefore consider it my duty to distinctly apponze G: E. at once of the opinions which I have, formed,

and also to intimate the determination I had come to before I was honored with by : Ecji letter before me,

to retain the Island

Jole

of Hong kong under my direct Authority and to take on myself the responsibility of paying from the day the Treaty was signed, the Establishments now

employed

on the Island, as

استاما

well

the

the additions which I expect to have to make to them in furtherance of the mean which I foresee with be required to carry out the provisions of the Treaty, and I trust that 4 : 2 . with believo me when I say that nothing but a conviction of the absolute necessity of the

course I intend

to pursue being essential to the momentons Public interests with which I am charged,

the

should have induced me to offer

& the

arrangement

mallest objection which by : Eegs letter indicates.

I have te

(signed) Henry Pottinger

Copy

2811

Sir

in 50

trong trong

kong 132

1843

Head Quarter thip" Mario?" Chusan Harbour, betr. 26. Witter.

the

I have the honor to acknowledge receipt of your

Letter of the 24th instant

W. 178, and quite comicide witte b : E : in the expediency of maintaining the appointment of Harbour Master and Marine Magis tonte at Chasan, and I shall direct that the Salary of Mr. Stead continue to be paid until the pleasure of the Governor General be known or further instructions received from Lord Harley.

withe G. 8 : that

I also quite agree it would, under present cricumstances, create serious public inconvenience to alter the existing Goot of dongkong by transfer of the Island to militang Authority. Previous Sir Henry Pottinger B. GB.

Pections to the receipt of 6 : Ecgs better seeing the difficulties and inconveniences

　　that must arise under the altered state of things from such transfer, I had come to the determination not to apply to Hong kong, until the receipt of further instructions, the orders of Lord Stanley regarding any -occupation of territory in China solely military occupation, should G: 2: take upon yourself the responsibility which

you now announce and which wil за obriate all difficulties.

I will furnish Lord Saltown with a

(ope of your Letter for his guidance.

I have se

(Signed) H. Gough.

Siv,

79 Hongkong

RECEIVED

FER 15 1843

Foreign Office, Schnary! ;

133

13.

1843.

I am dointed by

deccted by the tart of Aberdeen to

transmit to you, for the information of horl Starkey, a Copy of a letter from thecader Johuster, offering to africh the

Crow

Law Officers of the looms in framming an

det for

the establishment of Courts of Justice

at Hong Kong;

and a copy of

the answer

which has been returned to in Alexander

Johnster

Lam, Sie,

Jonn

most obedient,

humble Servant,

G. Co. Hope Epo

було

134

આ

W. Hope

suppore that this requires no further notice? But

Cohnstone's offer must be noticed. I have

Sir Alexander.

ofunion

that the tack which he proposes to undertatic is an impracticable

last 30

Jean

Copy

My Lord,

in 79 Hong Kong 135

C.O. FOR 15

1243

19 Great fumberland Place

February 6.

1843.

In obedience to the instructions.

which received from the late Marquis

of Londonderry, the theme keretary of Hate for the Colonies, in the year 1810, when seame to England at the request of the fovernor and Council of the eland of Ceylon, for the Express purpose of explaining

to this Lordship, the nature of the several changes in the fort of that

skland which this Lordship on

suggestion afterwards authorised

"The Earl of Aberdeia Kit

ས།

me to

carry

into

Effect, I made

it a part of my public duty.

I was

Chief

during the ten years Suctive and President of

всё

Majesty's Council on that reland

to collect all the documents in

Sadia, Java, Manilla, and China which could throw any light upon the

several systems of administering justice which had been, from time to time, extablished The any part of Avia by the Portuguese, Spanish, Dutch, English French and Danish foots, in order that the British foot might

136

the

whenever it pleased be enabled to form a correct judgment from :well-authenticated facts of

merits and demerits of rack of those systems

and of

the moral

and political effects which rach

there had produced

the

character and conduct of the vario

classer of native inhabitants who had lived within their respective

situation on

obtaining

jurisdictions.

Having from my sites Ceylon had great facilities in oblig from the Archives of the Portugues foot at for, a very accurate

account

when =

TET

account of the proccedings of the

several courts of Justice

of Justice which

had been established

the Porteprese

fort at Macas in them and of

Chennand

the various precaution, which

had been taken

that foot for

securing due obedience to the

decisions

their courts without

offending the fallings and the prejudices of the Chinese People

or of the thinese fout, I was

: by one of the members

requested by one of

the late Administration,

shortly after the late Lord hapier

вод

137

had been appointed thief leperiations in thina, to prepare for the

consideration.

Ministers

His Majesty's

sketch of such a

Justice

system of administering restive in China as night.

night ruable the

thief Superintendent to administe Suctive in that country according

4. of to the provisions of the gray b

William the 4

tt without the

Langer of disturbing that

Larmony

which

ought to be

carefully kept up between the

subjects of the British and then

of the thenèse fovernment..

viciv of ascertaining

as I could, the opinions which

With a

in the first instance,

nearly.

are Entertained

the most

ralightened of the Chinese,

аа

are

the

general principles of Law and on the extent of the jurisdictions which the Chinese foot. willing to allow fouge hoots to Exercise over their own subjects While within the Chinese territory

I carefully

rxamined and

considered the very curious and

instructive collection made

ader

138

order of the Emperor langkie, the mosh enlightened of the Chinese Sovereigns, in the 17th Century, of

all the rdicts and instructions.

which had been issued by his different Predecessors, together will

observations upore the

his own

policy of each of those public

acts; the celebrated translation made

from the Chinese into the English

present

language of the Chinese fruicinal

Sir Seorge Staunton, and

Code

very useful resumé drawn

the very

ир коше

years ago by a public

fffien

139

officer at the East Judià House,

of a

　　all the negotiations which had Ever taken place from

period to the time

Macartney's Embaky

the

the Earligh

Lord

between the

ни

part

Chinese fout and all the different foot,

well European

гигорели

other. -

ло

as Asiatic on the

ау

　　Having done 20, I presentect Paper to which I beg leave to refer your Lordship to the then Secretary offlate for Foreign Affairs, Explaining to hein

apon

каше

upon the subject and at the same

sketch

time prepared, for the consideration of this majesty's Law Officers, a shelash of such an order un Council founded upon the proceeding of the Portuguese fourt at Macas,

East India Company's

and those of

Factory in China, as would, in

my opinion, Eccable #r. Mis. Bref√uperintendent gradually to adapt the plan which I proposed to the Existing state of affairs in China; the disastion Events however which occurred

Loon

}

loon after, and the undefined

and unsettled state into which

the relations between preat britain and China

　　　　　were thrown by those Events, prevented, as I understood,

　　•his trajesty's ministers from carrying my suggestion into effect.

As I am now

informed that,

in consequence of the recent treaty of Peace between thina and Great Britain and of the cession of. the Scloud of thong Kory by the former to the latter fout, Her magistys Ministers are about

...

ぜ

140

to introduce into Parliament

an Act for Extablishing a British

Court of Justice on that balanx,

and for pranting certain fidione and magisterial powers to the Leveral British Consuls or

Superintendents of trade, who are

in future, to reside at the

and

different Ports in China, a

as it will be

Considering

very

desirable

the numerous

peculiarities of the Chinese people

and

and of the Chinese fout, to reserve

that hat the most ample

Powers to Her Majesty in Covant

to repelate, from

tive to live,

by orders in Council, the jurisdictions

that fourt and

those British authorities in

such a manner av local

Experience mayshew to be pecepory, Ishall feel it to be my duty as one of the two Reciclar, Her Majesty's Privy Council,

who are

repecially appointed

141

by Her Majesty to act as Judicial

bfessors to the Iudicial Committer

прерогово

of the Revy

Rhevy Council,

of appeal from any

un all

cases

British fourt

of Justice in Asia, to offer, provided Your Lordship should approve

of my doing so to attend #. his.

Law

Officers whenever they may want to see me, and afford them such information upon the subject as they may require.

I need not, I trust, afcure Gour Lordship that in taking the liberty to offer my services upon

the

preciat

present occasion, dão not presume to suppose that Ican

afford to gentlemen

in their profession

so eminent

as are

Her

Majesty Law Officers any information which they do not already popef relative to those general principles of Law, which are applicable to any system of administering justice which ought to be retablished in a British Colony, but merely of hope, that Imay possibly, in

consequence of my

attention

having been, owing to the cercanations

circumstimes

142

which I have mentioned, directed.

to the question for so many years, be enabled to save their some of the time and labour which it

might otherwise cost their to collect that information

which I

collected

myself have already relative to the proceedings of such Courts of Justice as have from time to time, been established by any European power within the baits of the Chinese Empire.

Shavers

(Ligned) Alex's Johnston

Whisk

Сору

Ser

in 79 Hong Kong 143 Hongkong.

Foreign Office

FEB. 15 1943

February. 11. 1843.

I am directed by the Earl of Aberdeen to acknowledge the receipts pour Letter of the 8th of this months, and I am to thank you for your obliging offer to furnish the Law Officers of the frown with any information which they may desire, in order to enable them to frame an het for the establishment of fourts of Justice at Hongkong.

ام

Lord Aberdeen will communicate a copy of your Letter to Lord Stanley. am to state to you however, that there

present intention of introducing Bill into Parliament,

is no

ang

the so

O for the

regulation of legal proceedings in

For Alex Shaston

China

сору

Кни

Sir Alexander Schuster.

February 6.1843

thina; although if at any future time shed a measure should be found recessary, and if there should appears any sufficient reason for troubling you

- on the subject, Lord Aberdeen will

not fail to bear in mind the offer

which

you

have so kindly made of

your assistance.

I am

(signed) F. 4. Addington

2.5.

25. Marcht

für,

RECEIVE

MAR. 17

145 Foreign Office,

March 15.1848.

Jam directed

The Earl of

144

Aberdeen to transmit to you, for

the information of Lord Stanley, a copy of a despatch from her Johnston, Deputy Superintendent of British Trade in China, reporting the state

of affairs at Hong Kong.

Jam, Sir,

Your most obedient

humble Pervant

Allchidington.

8. W. Hope Ey

Fill. Aldingtonden 20. Manch

MAR

3: Murdock 22

Lord Stanley 23

1043.

145

Lavedereated Chordstance back? the receipt of four letter of the 10 Molt sucloning the Copy of areport from the Deperty Luperintendent of Contich Ende in

which China, from

it appears that Crimes

of a serious characlin have reculty

and that as

increased

there

angmuuuch at Houghey

o get the

fvisiting

й ношени

the Oppendues with adequate punishment. Lam to request you state to Lord liberdem,

with

nference

report, that the

hempany for

Eo thi

-restrement

the

are

Establishment in Ary Rony of the requisite Motitutions ofGodt a how in progress andwich becompleted with all practicable despatch. Savere

146

117 March

This Letter seems t

Hoff sch.

which must.

Sir Henry Pottinger against the trial to livestrate the inconvenience

result from the Agreement made.

at Hone

Hongkong of Offences committed

Lord Aberdeen should be informed that the bathin

fo for slablishing

all necessary Institutions of God. at Hongtory are

in progress..

will be completed as soon

Men 19

Duplicate.

N25.

in by Hong Kong 187

17 346

Government House,

Houghing,

212 Betr. 1842.

му

Lord,

I have the honor. to

report, that the Trade, at- "Canton is tranquilly going on,

although

the larger Commercial

transactions, usual to this Season,

are said to be-

delayed with the view of profilling by the advantages which it is

thought will-

The Right Honorable

The Earl of Aberdeen, K.,

&c.

148

be obtained_

by.

the settlement-

of a Tariff, and the manner_

of carrying- future_.

it is

with

the Trade in

regards Honghong,

great

Concern

　I have to inform your Lordship, that

the most serious.

crime.

of-

nature-

has increased _; and will, I fear, continue to do so

until some

provision made for checking it by suitable punishment. There

　　　at present- confined_in_ the Jail of this Island- several persons charged -

are

with

with Capital offences, and against

whom there is clear.

evidence of quilt - ; but not- feeling myself authorized to

Sentence of the

award-

requisite severity, they

untried

remain

Besides the cases of

Homicide and Murder, to which I allude,

Armed

Boats

gangs men, landing prom

the darkest

nights, have of late frequently attacked, the_ "houses of persons residing

places

little removed_

from the populous parts of

the

149

　the town; and from the circumstance of native - Boats being constantly plundered_ between Canton and Madas, and this, I have reason_ to believe that piracy, greatly increased _ in the Canton River and

the-

among

the

has

　neighbouring Islands, from the absence, during last three years, of the

Chinese Authorities.

usual Chinese

formerly employed to suppress

it.

As His Excellency Sir. Henry Pottinger may soon

expected

Hougtong,

I have confined myself-

the mere mention circumstances, aus

from any

these

aus refrain

Comment. of

detailed nature.

I have the honor to be,

My Lord,

Your

most obedient- Humble Servanti,

dent"

Deputy Superincand

1414

هي

150

151

༨

202.

Rong

Hangkang

MWX 23 1840

Foreign Office

March 22. 1843.

Trong đông

China --

Deputy Superintendent.

21th October 184.2.

Sup:

Received ..

Reporting the state of

affairs

in Canton, and

Hongkong-

Orig! read came day

Sir,

I have laid before the cart of therden

your

letter

the

of February apon

30 March 1843.

the subject of the exclusive jurisdiction

elaciied by the the rise government

over

Chinese residing in

and un re

you

черев

Hong Kong,

Iave to request that

will acquaint Lord Slauley that

Lord Aberdeen is fully sensible of

the great inconvenience and rembarrasse

не

James Hepten regre

went

which

152

which are

likely to result from

acquiescence in the demand of

thenise government..

and China, that British subjects residing

the

in the hominions

the Emperor

At the same time, however, it is not

to be denied that

по

less degree of

inconvenience and rembarrassment-

"might

be anticipated from

ted from the refusal

Her Majesty's government to recognize

such a pretension

fiiel uimportance, both as

It is unquestionably

matter

of th

the

regards

the preservation

individuals, and as

of friendly relations betwveen Great Britain

ared

of China should be wholly exempt

from the jurisdiction of Chinese Authorities in questions involving punishment of any

The main ground.

kind whatever.

on which importand

is attached to this point, is distrust of Chinese saw, and the apprehension

not ill-founded, that expecially

in cases

of homicide, the Law

thing would not discriminate

between wilful and accidental

offenbers

Offenders, but would inflect expilat punishment without reference to

considerations which, according to

　　British Law, would mitigate the punishment of

　　　　　　　　the offence. But if Her Majesty's Government rext their

claim to the exemption of British subjects from the criviaal

jurisdiction of thin

on such

grounds, it would be difficult to

resist the claim

the Cherise

fovernment to a sivcilar exemption

of Chinese subjects from the

triminal jurisdiction of

the British

Court

153

Courts . The Chinese Government could hardly be expected to place greater

reliance on British Courts or on British

Law, than the British government

is willing to place

ли

Chinese fourts

Chinese Laut .. If therefore

went insist upon

Her Majesty's Governemen

the exception of British subjects

in the dominions of the

residing in

Emperor of China proue Chinese

surisdiction un criminal matters,

there appears no alternative but to grant similar exemption to Chines

sabjek

154

subjects residing in Hong Kong. _ It

mush however be admitted that a

distinction

may

be drawn between

the Chinese who have their permanens

domicile.

who

only

on the Island, and those

resort to it for the

purposes of trade, and whose.

position

closely corresponds

with that of British subjects in

that under all the circumstances of the

Cake.

the easiest mode of obviating

t would be that a

Embarra foment.

Chinese Officer should reside in

Hong

hong, and should Exercise criminal

the subjects of pirisdiction

over

・カブ

The Emperor of China in the same

manner, as the British Consuls in

the Ports

of China

will Exercise.

criminal jurisdiction

over British

thinese Ports.

If the latter

clap

were

alone

subjects .

The

in which this

way

concerned, Lord Aberdeen apprehends

arrangement would be carried

into a

that

- affect might b

be the same

ий

155

in both cases. hoc the Chinese

Ports the therise Police, apprehending

on a

a British subject

criminal charge, "would immediately transfer hei to the custody of the british Consul, do in Hong Kong the British Police apprehending a thenice subject on a criminal charge, would inemediality transfer heir to the cus

custody of the

Chinese officer

on the Island; and

as the therese authorities would have

no further

concern with the

punishment of

the British offender.

when delivered over to the British

Consul

Consul, so would the British buthorities have

no further :

· concern with the punishment

of the Chinese Offender when delivered

over

to the Cherise officer; though in both cases it would be open to the respective Authorities to prosecute the

offenders before the respective Tribunals. Such au

arrangement being strickly reciprocal would appear preferable to that suggested by

Henry Pottinger

which would at once involve the

deportation of

the Chinese offender by

the British Authorities; and Lord Aberdeen, with hard Stanley's concurence will be disposed to call Sir Henry Pottinger's attention to the Expediency

156

　of settling the jurisdiction over Chisin subjects, properly so called, upon this footing.

lap

With regard, however, to the of Chinese permanently trunciled on

the Island, Lord Aberdeen concurs

with Lord Stanley in considering

that there

Lome

may

difficulty

in making the Chinese Government

understand that the cefeion of the

Sovereignty of

the Tre

the Island made in

Treaty of hacking

carries with

it a cepion of lovereignty

over the

Chinese people retablished on

the

Island

Seland, both previously,

to the territorial

however,

ам

repe on &

Expression

and subsequently

There

رضا

on in the letter of

the therise Plenipotentiaries of the 18th of

September, which

may perhaps be

taken advantage of, in order to solve the present difficulty. The passage is

As for those who are

willing to hire "themselves out as servants to the

"English, these may pist follow their

own convenience and inclination.

Lord Aberdeen would submit to

Lord Stanley whether it might not be possible to take advantage of this

Expression

157

Expression, and by requiring from the Chinese settlers in Hong Kong

Hong Kong a renunciation (

their

Allegiance to the Emperor of

China, and a recognition of the absolute

supremacy of by land, as the price

their being

allowed to remain

on the Island, such a

саме

of "Kiring",

might not be made out as to

entitle the British Authorities to

require that

they

should be allowed

follow their own

convenience

and inclination"; and at all events

to divest the Chinese Government

Lord Aberdeen would be dispoud,

with Lord Stanley's

concurrence, to direct

Sir Henry Pottinger to meet the Embarrassmus.

occasioned

manner.

the Chinese flain in this

There is still another mode.

obviating the difficulty, and which might be pressed

the Chinese

buthorities with reference to their

letter

the 27th of September. The leading idea in that letter is, reflugnance

to submit the Chinese to British

law.. But Lord aberdeen believes

the territories

of any pretension

Lesire to interfere

that the natives

in their behalf. -

Lord

under

158

under the Government of the East India

　Company are still in a great degree, if not entirely, subject to Lour which

existed in the fountry previously to it's coming under the Sovereignty of Great Britain; aced if that is

the

case, there seems no reason why the Chinese in Hong Kong should not contique subject to therise Law, not

indeed administered in the name

The Emperor of China, but still, to all intents and purposes the same Low as that by which their conduct

was

regulated previously to the cession

the

the Scloud.-

Sir

Heary Pottinger

might therefore state to the therise Authorities that Her Majesty's government

are

perfectly willing to agree

the Chinese who are

that

permanently doniiciled on Hong Kong should

continue scibjich to the therise Law ;.

and Lord Aberdeen is not aware

whether there would be

any insurmountable objection to birthury

Pottinger further stating that ther Majesty's government would

willengly

159

willingly receive, at all events in

the

first instance, one or more pidicial Authorities selected by "The Emperor of China, who should administer in the name of the Queen

in cases where the

the law of China Chinese subjects of the British frown

are concerned, and whose maintenance

would be provided from the Revenues of the Island, and would not be a

charge upon any province Emperor's donciaions.

the

Lord Aberdeen directs me to add

in conclusion that he considers it

desirable

desirable that some notice should

be taken of Sir Henry Pottinger's report

these matters, by the mail of t

the

Ensuring mouth, and he would

therefore be glad to be favoured with Lord Stauly's opinion.

он

the

points stated in this letter, at His Lordship's carliest convenience.

Даш

Your most obedient

humble servant.

All Shedington

160

Melting quary 16

See Note on 203

J. Mar 27

N.U. Addingtonlife

1843

Forwarded by R Murdoch 28 Steplen 28

120

MAHole Lord Stanley 29

30 March 10:43

161

Sann derected by burd

to acknowledge thr letters of the

Stanley

receipt from

22th Mistant, suggesting

the several modes by what

Serd leberdeen's Jo

lin

the

it might be possible to be

difficulties a douted to in

lellen of the 22th Febz,

Ing

as likely to and funnet

Mognition of the Exclusive

Criminal Jurisdiction

over

Claimed by this Chinese foot

Chinese charged with this Commission of Offences in Hong Kong, Jun

also Enclose the Copy of an of incon

of the Saw Officers of the Can on this subject.

Lord Stanley is fully

nley is

sevicted of the difficulties Which allende corry solution

162

of this question, and he feels fon...d to acknowledge that Considering

　　　　　　　the exclusive. Surisdiction to be exercisedly, British Officer

cers over British

Subjects within the domimar "This hemperor of (luna_, it is imposible, with any of fairness, to resist the

show

Claine to a similar Exclusives Jurisdiction on the fact of the Chriece foot over Chines-- Subjects within Hong long. Fremains thefne alyto delerime in what way that chinadiction maybe

Conceded

to them with least rick of

Confusion

02 7

finterference

witte a duc Cedministration

of Suctive to Butich Subjects After this most can

Careful Consideration Lud Stauleg

is led to believe that the

may

be Effected in the least

menby

Ajectionable manner by

adopting

the last attemation

mentioned in

letter

of the 22th Sust, bemely by following the practice Established in some fartig

the Territory of the birth dia Company of Contemning, at least for the present, the Native Laws & Pistitutions where native Chinese are and restiviting

Concerned and resti

the application of the Bitish. saw to British Subjects or other limopean hihabitants of thickland.

he order to carry

или

out Fuck

arrangement it would be

as Sud-Abadeen meessary,

Contemplates to apply in the first instance to

China

to select one or more

hidividuals, to act as Stps within Hong Kong.

the

　　Cimeration of these Officers would be defrazed out of the Revenner of the Island, & they must of course hold them Officer at the pleasure of the Review not at the pleasure of the Emperor of tlina,

and must be understood to be lesponsible to British & not to Chinese Authority. and Stanley however, Hous

not consider that it would be

adorcable to propose Chinese at Aing

at Hong Kong Renunciation

to the

any

this in allegiance

to the lumperon as he apprehends that dech a proposition might lead to embarassment, and Could be of no practices advantage but he would

　　no objection to permitting any Chinese who mightbet. doniciled in Hong long to

affliction.

Lee no

quiive on.

Advision

163

Admission to all the prisleges of Bristish Subject and to become themeforen amenable only to British Low - subject of Counte the previons afprobation of the Local foot

Shaved.

30 March 1843. Lette

205. Hay Ray

MAR2)

Foreign Office,

March 22.1843.

164

Sir,

I am directed by the Earl of Aberotzen

to request that You will acquaint Lord Stanley that His Lordship thought it advicable to take the opinion of the

the (nown

on the question

Law Officers of

of the Jurisdiction to be exercised over Chinese in Hong Kong, referred to in my

other letter of

this day, and that the

Draft of that Letter war at the came time submitted to them.

Jame now to inclose a copy of

their report; and I am to request

that

"James Stephen Casp.

to have

that you will move Lord Stanley the goodness to favour Lord Aberdeen

with his opinion

which, upon con

as to the Instructions

consideration of what

other Letterand

is suggested in my in the report of the Law Officers, he

may

consider it advisable should

be addressed to Sir Henry dottingen

ваш,

Sir, Your most obedient

humble Servant Allieding hand

W. Nope.

165

Su N. 202. For the an reasons assigned i that Letter and in this, it is Ichint dear that no pufict solution

ср this problem is to be found to we do so we must expect and submit to be done. to the Chinese jurisdiction.

во

dany

Sudgets sojourning the Chinese to deny

over

British

by.

sowe must allow.

ther porto

jurisdation

to no

over

Chinese

Sulycets sojourning in Hong Kong, British Judglo tuy Canton, therefore at Hongkong

Bitish Offenders

Chinese frages must wij Chinese Offender,

British

Lane is enforced at Couton by the British Juage. Chincor Low must be enforced at thong Kong by the thread Judge.

So for there

would seem.

to be no doubt

But the from Lawyers and Lord Aberdeen would distingin on between the lace of finnes Committed by sealed Inhabitant,

sopimmer who had not, and

who had, thin doncile at

will

two

proposed to accomplish Either In Chinese.

ways.

It is as you

his

me on

other

السه

are to be ind need to

renounce their allegiance, to the Emperor the effect of which

t... Justy

wona be (as it is supposed) pretention of the Chinese fort to interfere

under cntain words

for exclude

any

a.g

about them. Or it is proposed that the Chinese at Wing Kory should continue to live under Chinese Lan the Native propulation of Chinese how being

Calcutta live under

Hindar the Chinese Low being administered -first by Judges selected or Mommended

Mahomaton Law.

at least at

by the Emperor.

This lost

лесно

tome

the best way of

very

and

that

adjusting the whole question. Ithink that the distinction between lanarent and domiciled Inhabitants might

will be laid out of account,

every Chinese committing a fine at thing king would be

a thrighing best dealt with by onlyesting him to a chinese Tribunal hobe this Catablished. Dis flane

Flanel

this

نس

leey enough to suggest difficulties

dangers of in this wind arrangement of such a question. But d

care think of o arrougement less difficult than this, of antijucting these people to a Trebunal which will understand

language. Only

that

habets and.

Iwould

sheria

this puts An Judges so to be appointed should hold then provide Officer at the pleasure of the frown _ that is,

the frown - that is, jokesmaner - not at the pleasure of the humperor, and that they should

queau's Judges and not the.

and not the Emperors. some anomalies must present themselve have have the great precedent of the East pusinkert

be understood tobe the

you.

will

Jen it as

But we here

with the convection that the scheme.

and that

ما

is at least practicable,

good hands it will work will Ishould think other project of proposing to the Chinese to renounce their allegiance would be uplete with difficulty and would kind to little advantage.

in the

Lord Hawley

or no

practical

difficulties what must present care whatever flan be adoptedt I think i suggested by Mr. Stiften holds out as maconalle's

Gemselves

that

prospect of a

Hff As.

Infected

25- Bant

the

of it as can

of a satisfactory adjushants of it

Gutt

Chine

Mar 27. I ager in thinking

　　　　　　　　　that the envish mode of drag questing is te allen Chinere offenders to be dealt with byn Chinen off- in Hongkong, Wenninting Christ as in the wave and bythe authig If the denen. Bat. I shut as morbyjuled to punity of

night have brome sotthel in Haykay, and agrinch then us reasons wow

any wayed by the Bor foot offer to suive in application admission to Bilish and to be placed themfnend under Butiil Law.

whe

Соро

203 Nay Ray

C.O.

MARO 3 lond

My Lord,

Doctors Commons.

March 18. 6843.

166

honored with your Lordships

We are Commands signified

in Mr. Addington's

Letter of the 25the hlt: stating that he was directed to transmit to us Extrach of for Henry Pottinger's correspondence with the Chinese Commissioners, and of a Despatch from Sir Henry Pottinger to four Lordship respecting a Claim advanced on the part of the Chinese Gort & jurisdiction over (finere in Hongkong. Also enclosing

the

Article of The Treaty of hanking by which the Island of Hong Kong is ceded to the British Crown-

The Earl of Aberdeen kit

Also

1.P

　　"Also enclosing a letter from the Colonial Appice, pointing out the inconvenience and embarrassment which

are

likely to result

from an acquiescence in

the

pretensions of

the Chinese Goo" and the draft of ar Answer which has been prepared & that letter. Your Lordship requests that we would take these papers into consideration & re

report Lordship our your

　　　　　　　　　opinion upon the answer to be returned to the Colonial Office.

Mr. Addington further states that

your Lordship is, however,

aware

that there

are some matters of importance still unprovided for by this Draft, and which are adverted to in the Letter from the Colonial office,

ramely what course is to be taken with regard

་

to cases in which a British & Chinese Subzeit

may

167

may be engaged together in the commission of a (sime. That the deed

may be regarded as a capital offence by British Law, and as comparatively venial by Chinese Law, or the reverse. In such a case is capital punishment to be inflicted on one

the Parties, and the

of the

other to be slightly punished for the same act:" :

Again, en

injury

where

a possession of the (rown has been committed against the a Bütish Subject

Life, person, or property of

by a Chinese, would it be possible to hust for reparation to the effect of the Chinese how alone? That this might perhaps necessary

Territory,

and unavoidable on

Chinese

but could it be tolerated

under British Sureidiction?

Your Lordship in pleand to request

that

168

that we would consider these points with reference to the other Questions referred to in the enclosed Papers; and that we would make any

observations or

occus

to us

suggestions which

thereaform, and

may

and which may

calculated to oboiate the difficulties with which the question of Juridiction over (linese Residents or Visitors in Stongkong appears

to be surrounded.

That Your Lordship would also be glad of our opinion whether, in the event of concurring in the view taken in the Draft to the Colonial office, any Parliamentary Enactment would be required to carry it into excention.

In obedience to Your Lordships commands " we have taken the Papers into consideration and have the honor to report that we do

not

Not see.

any

objection.

to the arrangement.

suggested in the seapt of

the answer to the

Colonial office, by which the subjects of the

one lovereign committing erwies within the be delivered up

territories

the other

may

-to the Authorities of the Country of the Crimined

to be dealt with according to the Law

10 of that

and if a British and Chinese

Country, and if

subject should be engaged together in the commission of a cruis

а. счите ис

think that

Each might be punished according to the Low, and by the Fubunals of hiroun Country

serious

We think however that very difficulties may arise if the arrangements were extended to Embrace permanently the Curiae Luhabitants of Hong Kong these fersons residing

the Irland, and

continu

continuing to rexide there after the cession

to the British crown are no

longer subjects

are

subjub

of the Emperor of faena They of the frown of refland, and are bound to

hay obedience to the Law which the Sovereign lower ice this Country may think fit to declare Gar for the foot off the Island . If therefore thoug Rong is to be treated and considered an hart of the dominions of the (nour of England andurt merely as a Chinese taland- occupied for the peerforer of Commerce we should much doubt the expediency of Extending the proposed arrangement, to the actual Sahabitants of that daland, nor should we think it right or prudent in case of crimes committed of the Ludabitants within the british

by any

Zaritory

169

Territory, and against thetish keelyjects to stipules. that reparation should be sought for an all casey; and under all circumstances frour a Chenial Tribunal alone.

W2 humbly think also that

xt great practical difficulties may arise from

any atifulation or Agreement that the Chinese In habitants of the ckland (and the descecidants of the Chinese, if it be a permanent arrangement Jshould always be subject only to their own law, allhyt the same objection may.

obgiction may probably not affly to a leuiforary array carent of this kind; and to the reception, for present, of Chinese fudges: arcuggates in the draft auxever to the Colonial Office if it be not considered as a

and

binding arrangement

the

permanent. the foot

170

of the Country.

are of course, unable fully to appreciate the political and diplomatic

to the

should atonce be

are

difficulties with which these questions surrounded, but, if it were

if it were practicable we should consider that the best arrangent would be that those of the Chinese Inhabitants who chose voluntarily to remarin in the deland after its efion

　　　English considered and treated as subjich to English for!, and to the love which the frown of this Country may think right to declare for the protection of the persons and property of the duhabitants of the Saland.

The Inland ofthong kong having

make what

been conquered by to his Forces and reded to ther in full sovereignty by the Euguros offhina ove affrehend that Her Majesty may Laws the pleaser for the foot of all persons resident within the Ikland, and that no parliamentary exachauens would be required for carrying such Laws into Execution.

Shaver

(Ligned) S. Forxon 7. Pollock

por Follett

212 trong long

MAR 23 1843

171

loi,

Foreign Office.

March 27. 1843.

I acce directed by the cart of Aberdeen & transmit to you, for the informuation of lad Hawley, a copy of a better which shave addressed to the Secretary of the reasury, with reference to a minute of the Board of reasury of the 16th of March, upon the subject of the arrangements which it

to make for the

will be

recessary

regulation of the fivil expenditure thenia.

G. M. Hope Eagle

Lor

your noch obdrent

humble servant

Hebddington.

172

Tuasing to the Office. 28 Mark what has been done From the In

annexed. Wo the P.0.

30 March

The pee

on the Concoproving Letter

correspondence with the drearing in They were answered by being repured. Поез

W. Hope

other Circulating correspondence, this

becoming intricate and

the three Offices in simultane

So long as #each;

the same points the compondence. hardly be bought to a close. Therefore, wt. forefore to leave this unanswered "

which we reserped seen appears to have

beach

сем

Ghings

་ཉ་བ"

نا کر پیار

сору

Lii

in 212 Hong Ko173

Foreign Office

MAROS 1843

March 25. 1843.

I have laid before The Earl of

Aberdeen your

letter of the 17th instant,

minute of the Board of

inclosing a copy of a

Treasury respecting the expenditure to be mourred in maintaining the Establishuns which shall be required in the Saland of

and also that which shall be

Hory hory, found necesary for the probction and superintendence of Britial Grade in the several Ports offfinia to be opened to thitish Commerce; and likewise respecting the meauerby which provision may be heade for such Expenditure.

Lord Aberdeen directs me treguests

that

1.2. Frevelyan Eage

that you

will state to the Lords of the Treasury in

the first place, that although this Lordship fully concurs with their Lordships in the propriety of obtaining Parliamentary sauction for any Expenditure which

may.

be weurred for lither of the above mentioned seriries, this fordship is retirely at a loss to force

any

　　　Estimate of what will be required for the purposes of experintending

British Trade, and that until he shall

have received for Kevry Pottinger's raport both as to the extent of the Establishures to be maintained at the several Porto of China, and the salaries which should be apijaed to the persons therein Employed, it will be out of his power to force tim a proximate estimate of the amount which Parliament should be kroved

　　　　　　　　　　　　　　to grant for the fortion of the service in China.

wen

た

174

With regard, however, to the suggestion that

Conmlar

his.

means for defraying the charges of the establishment to be macictained in China might be derived from the Trade of thes subjects, Lord aberdeen requests that

that you will call the attention of the Lords of

the Treasury to the fact that such a

he year course was contemplated in the 1883, and that an order in Councel

was

actually ifived

imposing

duties ou

in that

year British Ships and

Cargoes entering the Port of failon;

Eof which order was however cancelledin March 1834 ; and Lord Aberdeen concion that the propriety of reverting to that course at the present time would be a matter of very serious consideration.

With regard to any

restrictions fo

Wik

20:

ве широкед

ни

For Hewry Pottinger with

reference to building houses for the accommodation of the fousular Extablishments in the outports of China, Lord Aberdeen apprehends that nothing more can be said to birthury Pottinger on this porch than to caution him against undertaking any such work without previous reference home, males. it impossible or inerpedient tremen the delay which such a reference would involve. Her Majesty's foot of fridging whether it

have

circuvestuves should reader

кошелит

would be posible

Even

a treine

for residences for

to obtain suitable residen

the

175

for the Consular establishments by any other course than that of building keer; and if so, it might be highly inconvenient to delay the settlement of the Consular Establishments at the outports, until instruerations and authority could be received from home which would ruable suitable residences to be provided for the Execution

of the Public business._ With respect to the extablishments to be maintained in the daland of Hong tong, and the means

of defraying

the

that

Expence there of, Lord Aberdeen would suggest to the Board of Treasury Their Lordship's wishes and expectations

communicato

in those respects should be to Lord Stauley, and that the result of such communciation should, if hecessary,

made known to this

office by

by Lord Stanley, accompanied with an Expression of this Lordships arches with respect to the instructions to be sent to

bir tarry Pottinger as governor of thing Kong . The questions respecting that island alluded to in the reasury minute indlord letter can best be considered

in your

by the Colonial office

In the mean while, sam to transmits

to you Copier and Extracts of instructions already sent bobir Henry Pottinger by which the Lords of the Treasury will dee that his attention has already been directed to many of the points referred to in their Lordships meante_

вашк

Sigurd) 4. A. Addington

176,

7.0. March 25.1843

Treasury

Copy

Sir

219

RECEIVED

APR. 1

1845

Rony

Force Office,

March 31. 1843.

177

Jam directed by

The Earl of

Aberdeen to transmit to you, for

the information of Lord Stealey, a

March 24 Copy of a Report from the Law Officers of the (nown upon the question of empowering the Chief Superintendent of British Trade in China to issue directions and regulations touching the said Trade, and for the government of Her Majesty's Subjects acorting:

J. W. Hope rep.

to Ports and Places within the

Dominions of

　　　　　The Emperor of China where such Trade can legally be carried on.-

Jam,

Sir,

Your

most obedient

humble Servant

AlleAddingte.

сору

My Lord,

178

EIVED

Doctor's Commons

March 27th, 184.3.

We are honoured with J. Lordship's commands signified in Mr. Addingtai's better of the

16th instant stating that he was directed to request that we would consider a tour Earliest Convenien Whether under the Act of the 3rd and 4th Williamen Cap 93, Her mapety care fere an order in Council Empowering the thief Superintendent of trittsd Grade in China to issue directions and regulations touching the said seade, and for the foot of ther. thejesty's subjects resorting to Pnts and Places within the Dominions of the Emperor of China where such legally be carried on; and whether Herhangit can further inepose Penalties or Suprisonment to the inflicted on Artish subjectsrither summarily or otherwise, who may act in contraccution of direction -regulations soifaced by the Chief Superinlendiah "That if we should be of opinion that Her Majesty esove such an Order, M. Addington is directed to:

Trade cau

lau

The Earl of Aberdeen K. J.

des

request

request that we would immediately prepare the

Draft thereof, and transmit the same to H. Mr. foot.

for considuation

　　　That should we on the other hand be of opinion that ther tapisty possesses no such power under the abovementioned act, your Lordship would be glad to be favored with It any derggestion which we might

　　have to offer as to the best mode of attaining by other preaves the desired objich as above sefforth. -

; and as one

the

　　　That your Lordship conceives that the Peccallion and ducprisonment imponed by the order of the 24. February would be sufficient; and objects for which the power referred to would be invested in the Chief Superintendent, would be tornable him affectually to repress rotores and disorderly conduct on the part of British kamen, it would be desirable that, at bash to a certain extent proceedings under the order should be summary.

　　　"That in the event of our being of opinion that an pider such as described, might be ifced, M. Addington is pleased to request that we would draw up a force of Reauble founded on the order, for any regulations which the Chief Referintendent may

In obedience to

· issue.

see occasion to isse 6 G. Lordship's commands we have the

Konsur

honour to report that we are

179

of opinion, that the Statute 3.44. Will I c. 93. See 6. events, that it shall be lawful for this majesty by any orter in Council or Commission, to give to the Supercctenkuts or any of theme, Powers and buthorities over, and in respect of the Trade and Commerce of this Majesty's subjects within any part of the said dominious ; the extent or nature of those powers is, however, not defined, and the Statute does not repressly provide for a power to be given to the Supercetendent homself to issue regulations, and directions touching

although such

the Trade or commerce, a

a power is in expres termes given to this Majesty by the next claux

the lection, and for the fort of this tapaty dubjects within any part of the said Dominions ._

It appears to us, therefore, that whatever regulations, not of a tecuporary nature it may

nature it may be thought right to make touching the Frade and Commerce, and the good government of Hei, trajiety; enlysts in China (which may of course include provisions against riotous or disorderly conduct on

the part of Britied kamen ) it would be right to make directly by

on the

Arder

order in Cousseil, and it may be a portion of those regulations that the masters of ships or other Parties should generally, or under such circumstances, as should be thought right, obey the directions proux timme to time given by the Chief Paperintendent. In such order in Council such Penalties, Forfeitures or sufrisonments may be insposed for treach of any of the regulations asky be thought repedient, and a summary power of fios, imprisonment may be given to the Superintendent for other local Authority in such cases as the order

un Council may

may direct.

ན་

The best course therefore, it humbly appears to us, would be for the Chief Superintendent or other Person best qualified to force a gidgment to draw up such regulations as may be necesary to meet the objects 1. his fout, and for these regulations to be there cubodied in an order in Council to be issued by ther Shajesty under the Provisions of the Statute 5.44 + Will It C.qs. -

We have th

(signed) I. Godson

Fud. Pollock

Wm Follett

180

Tape

It does not occur

t'any account in thes

W. Hope

that this information can be turned

Cut / 4/44/463

S. April 30

234n Hong Kong

RECEIVED

APR. 7 1843

5 Foreign Office,

April 6. 1843.

2054

Streep

2:57.

15. Ciffere

Sir,

The Earl of

Iam directed by Aberdeen to transmit to you, for the information of dood Stanley, Copier of two Instructions which this "Lordship has this day addressed

to Sir Henry Pottinger, Her Majesty's Plenipotentiary in China.

G. W. Hope rapp

даш, fir

Sire your

most obedient.

humble servant

AlleAddington.

181

182

1843

Basingtonda, 186fill 1945

1845

Forvarded by APR

Mu HP Stephen

JodPauley 12.

Sir

Samdincted G

docê

dard Stanley track. the weigh of your letter of the the matant enclosing Copies of two dispatcher addressed Stord Aberden Do Sir A. Potringer.

Lord Stanly desires me to hamsmit ton herewith, for dor dAbundin information, the Elly of

Rivate Despatch which

Which. was addieped

Pottinger from this Office Mail. Wthe last Mail.

havez

183

Делый

SM? mit in sand then the

instinction's dick or hun

copy, Sir,

29.54.

in 234 Hory.

Treign Office. April

APR. 7184

1843

" With reference to my despatch 2045 of the 4. of March, Itransmit to you Copies of correspondence between this office and the Colonial office, and the Law Officer, of the (rown respecting the manner in which jurisdiction shall be exercised over the Chene so to the Soland of Hongkong. These paper will fully explain to you the embarrassnect which It : Mis Gor: anticipate from this question; but

will see by the last of them, namely the Letter from the Colonial Office of the 30th of March, what course Lord Stanley considers, under all the cricurnstances, of the case, mort expedient.

I have accordingly to mitmet,

you to. act upon the view stated in the above mentioned Letter, and to endeavour to ame to an understanding with the Chinese Gort on the principle laid down in it. It would unquestionably be much

Ht: more agreable to H : Mi Goor if you

Ser Henry Pottinger Barthick

could

would prevail upon the (Xinèse Plenipotentiari,

to abstain from urging any

Copy

2.57.

Chinese in

demands respecting

the question of Juridiction over

Hongkong ; but as there is no reasonable ground for expecting that

& you

could succeed in

doing so, it appears to H: Mis Goot that the course now pointed out to you, affords the best chance of obviating the inconveniencer which may be apprehended, exritence in so confined a space kong of two systems of criminal oπ

juridiction!

I am ter

(Signed) Aberdeen

from the

Hong

in 234 Hony Kony 185

Foreign Office. Apul. 8. 18.05.

C.O. APR. 7 1845

Witto reference to Mr. Deputy Superintendent Sohnston's despatch 2.5. of the 21th of betober last, in which be reported to me. the disordered state of society which at that time prevailed in

that Her Majesty's I have to acquaint Hongkong,

Gorr have in consegnence. determined to love no time in providing you with the amplest.. Powers to enable you to regulate the affairs of that Island.

The doubts sheet Sentertamed at the fine of 24 fol. Malcolm's departure from this Country as to the possibility of confering upon you a Commission as Govenor of toughout before

the Cession of the Island to the British (rown was formally, completed, have been removed by the opinion of the Law Officers of the frown; and you

will consegnently receive by the Mail of this day a Commission from H: Majesty, appointing you to be Governon of Hongkong, together with instructions ander the Royal Sign Manual, for your general

in the administration of the Affair

guidance

་

For Henry Sollinger Bartlett .

of that Seland.

　there Documents will be sent to you by lord Stanley as dt: Mis Prisicipal Secretary of State for the Colonial dept and from the time of your receipt thereof, you wile, as Istated to you in my despatch 2012. of the 4 th of January correspond with His Lordship exclusively on all matters connected with the administration of Hongkong.

I am te

signed / Überscen

276 Hongkong.

RECENTLY

APR 15 1845

186

Foreign Office, April 13.1843

ich

the Carb herewith Copies of

the dee

directed by

you

༩༦

and its inclosures received from bi

then, respecting a plot of

certum.

loud

is claimed by Mi Bebster came into his profession angler

tances stated in his letter of Vào inclose a Copy;

and Sam

guest that in laying these papers

рарит

before Loss Stanley.

will

you

inform

Wis

или

Ghr Hope Sp

Rowship that herd Aberdeen proposes

acquaint Mr Webster that the decision

of the Majesty's prenument.

will be communicatul thin

the folenial Office. Jam,

You

this matter.

Thuney Pollingen sich

most o bebent, humbleterrent

AlleAddington.

187

our

If this questis case is think deffrenity provided for by the instructions &rianical in Atta WoW. Addeyton of Sant20/43 - Sin Sidoleris tiche costructul not to allow any titles abroly but after deteburning the of real pecumfile. on which Cands are to be allowed to be held to consider what will be. cactable as requids actual holders -

question therefore fails completely The within the we? - and the Elamus.

assiqued by Fix A4 for list-

trucking Wis Webster intided to battericles favor are il seems to me precisely of

that wastute which right is se Apt to liim to decide 6pm -

W. I am had then papers, and worn in Gunsinne. Sold

kommen to see die K. Oltinguis pathicles instulis un 1 formed to, of key 27/42/

in Dap.1543

April 17

Sir St. Pottinger

943

Stephen 4

Forvarded by MAY.

Zobe

Ford Stanley S

45.

bland 21 October (44

Sir

Ente

188

Copy of your despatch to

the Earl of Aberdeen

theve meived for

5. May/49

transferred

authorl dubrequently Meck, and his certain specified Conditions to Captain originally granted on Land in Nongkong, Gentleman ta pièce of to the clame of that from MM. The boter, relative with the Copy opaletter Summary lost, Fagether his Lordship of the 14

apthat

to the Firm

have received from

met by the restuctions which you with already thes case is du

It affenes toure that

sufficiently

a partner : of which Mr. Rebater

thi

Earl of Alber

deen relative

to the disposal of Lands

to the

ffect that for the pur

Jace

you should not rauction the alienation

portion of the public

land,.

recognize any

provisional grants, but

alpa time,

should "Releafter, mustitute

into

the

auruguing Equitable claims of all holders oflared - This

　　　　　　　　　- therefore out necessary forme Beefer you

that Despatch as containing the principle on which

Som

decision on Rebate's care should

be founded.

Copy

My lord,

276 Hongkong

189

Hong Kong, Jammy 12. 186.5.

Iregret having to intrude on your

Lordship's attention ; but I have as other

course open to me in consequence of

having been referred

the following case beving

to the decision of your Lorithit, by B. Wis. Plecipotentiary

M.E.

in China, who

has ni the meantime debarred me

frosci

all explanation

or reconstrause here

and even denied me are budience on

one

the subject; and being

of the original settlers on this baland, and having inverted upwards of Three thousand Pounds St. in building upon it, the security of which and of all similar inveshand The Earl of Aberdeen R. 7.

190

is perilled by the circumstances about to

be detailed, Iventure to hope that four lordship will pardon me in making the case known to

заи

which 200 as merch

from a regard to the public principle involved and to the prosperity of this settlement as from feelings of private wrong

and which I shall state with the utmost

་

this Island a

were made

conscienos posible

　　　　after the occupation of th number of allotments of Lands by the constituted Reithorities touidivideals for building purposes to be held subject

as to treat 2? as

to such conditions should afterwards be determined by #this. foot, and under ageneral understanding that the party obtaining the allotment was to expend a certain sum on the groused within six months after he

received

རྗ༦

received it; although this latter condition has not hitherto been rigidly reforced

One division.

the

ке а

llotments

thi паше

of what is known Bazaar Lots, which usually

consiste

of the

measure.

fifteen feet in front by forty five feet in defith, and have been freely grouted chiefly to Chinese for the purpose of building secall shops

theer Oue

one of the last grants which have been made has

may last to captain Kech of Her Majesty's 4.9th Regt, their holding the appointment of fovernment land offer

of thirteen purpose of

of these small lots for the the erection oft hops. Ca plain Meck thereafter contracted with a Chinese for the completion of the work, and had expended about four hundred

dollar

　　dollars in clearing the ground, and in building the walls, when the absconding

　　of the contractor, who had received advances. to a considerable amount, and the sickness of capt : meik, put a stop

for

a time to the

　　　　　　　　-progress of the building. Soon afterwards Caflaii meik was from continued sicknes compelled to leave China; and at his departure

the Lots, and it was

me and M.

he left authority with the Rev? I. & Shuch, a missionary Clergyman, to dispose of Eventually agreed upon by William T. Kinsley, British Merchant, that we would purchase twelve of there, with their commenced building, for the sum of hive hundred & righty dollars (about £24 ofterling / fronded

品

191

he would cause them to be transferred

1925 to our names at the foot Land Office,

Accordingly application

was made

to the Land Officer, and by him the

matter was.

referred to the thead of the foot, A. R. Johnston Esql, whose appointmen

Her

to that office emanates from Inajiety's Plenipotentiary, and who, after investigating

the circumstances, addressed

to the New! Mr. Shuck

official letter,

which there transcribe for your Lordship's perusal, and of which a certified copy

is also annexed:

h.61

Sor

Government House

Hongkong,

" As it appears by your

October 1. 104.R.

statement

that

192

"That Captaci

in teck made.

Every

his power to erect buildings

alluded to in

jour.

effort in

on the lots

letter to me of the

27th of September and as the partialle,

raised walls of breildungs

on some of

" those lots, likewise show the same, " have desired the Land and Road Inspector.

the sale of these

books,

lot, in his

on an application being made.

andon

　　to Lure to that effect by you, your shewing him authority from.

Captain Meck to dispose of

Shave

them.

(Signed) h. R. Johnston

deputy beferintendent. charged with the foot of Houg Lory

In virtue.

this authority the hausse

the Loto was registered by the sand officer who had special authority to register the sales and transfer of Land

under published instructions addressed to him by

4. his. Plenipotentiary of das

the recond

date

May 27th ult!, and I beg. to annex a certified copy of which was delivered to me for six

the lots registered un

the transfer

name, the

other six having been transferred to

Mr. Kecisley. Phockly after this hausser,

as I had resolved ou

Material ui

axing a different building from

that

Employed by Captain beck Scamme clearing away

the walls built by kin,

and during the progress of crey operations

I received from the Land zu spector

official letter, dated hour. 26. all?

written by command

the Rating

for? A. R. Johnston Expl: (of which

Janner

certified copy) which aprin

fully recognizes my

title to the ground,

and calls on me to fulfil the eyagement"

owe

t? Meik by widening at my of laptḥ Expence the Public road to the breadth

of 50 feet.

was cleared. I

When the ground commenced rrecting buildings upon it, of the same character as those beau by Captain Meck, and had proceeded

about half way

towards completion

When I received a communication

from.

193

from His Excellency. 4. his Plenipotentiary

redactor. 1 . of date January 4th instant, being

in Sir H. Potten jers

2.4

upwards of

mouth

after

Bis

Excellengs

return to Hong Kong from the horth, to the affect that the transfer of the above-mentioned, dots would not be recognized by the Crown on the ground that Captain Meck had forfeited his

non-completion of his right to them by builderips, and intimating to us that

if we built upon their, it would be at our own risk, as they would be sold by Public duction on receipt of the Expected instructions prom England.

this communication dreflied etating the above circumstances for A. Ei. information; uefore which a second

Corn I

194

communication (of Late 6th January Seedrelor did

to Mr. Kinsley instant ) was addressed and myself by command of this Exct, in which this Exet modifies his previou intention of having the land sold by Public Auction : acquainting us that

the decision

the matter wouldbe

　　left to the determination of #. His foot in the following words which Iquote from the letter

His Exet's Secretary.

"With reference to your

Уллед прои

валей, ал

the fact of the tracesfer having

been affected under the sacation of "the Head of the foot, he desirer met

"Internate to you that the

conformnation

such acts must still read with

"H. I. The Queen, to whose foot.

the

"the circumstances of the case will " hereafter be transmitted".

〃

Having perfect confidence in my title to the ground in question, as resting on the above foot documents, I was proceeding with the Erection of the Building upon them, which were for advanced towards completion, when without

acry farther communication from. W. E., I had notice given me by

be Milos: 5; ibid

the

Chief Magistrate of the declared, that he had been commanded by His Exc! to put a stop to the building in question accompanied with a copy of this Exers instructions then on the au

subject (of

which Jannex a certified copy, as it contains the grounds of this proceding

which also declares the intention

Learing

195

the

hearing no further discussion matter; and on which document I have only to remark that powr reference

to the land office, I find

there is there no record.

of acry

conditions whatever attached to the

grant of Captain

Meik

;

and that-

　　　Kinsley and myself did not as alleged obtain permission frome M. Johnston to add to the size of the Lots. By the communication from the Land office above referred to; we are authorized to use our undoubled right of cutting in at the back "of

　　　　　　　　　　　　　　　　　　　lols, but. the averap, depth-

of Bazaar

as the rucroachment on the road

referred to was

for

found

a to be only

from

from twelve to eighteen inches, and

that ou

only

unnecesary

that

originally

one

the lots it was

to extend the but beyond

гаде. від

Caplain teik

and the procend is at the present time Considerably narrower than Capt? Meik's grant of average Bazaar Colo rigt 45 feet. -

my title to the pound in question My then rests on the abovementioned foot documents, which will, I presume make it unnecessary for une torciter into any lengthened argument upon them. Thumbly subunit that this Excellency cannot at this stage involve Mr. Kindly and myself by reopening the question as to whether Capt? Meik

may, or

may

196

s thay not, be now considered to have rigidly implemented the termes of his frant. At the time the transfer tour

was made, which was only four monthi after the date

the

A to

　　　　　　　　　original grants Capt ? theik, this Excellency was absent at the north on important Pablic service,

and his authority, here

thority, here was nec

neceparity delegated to others, by whore acts $. E.

is bound, as far

they

ах

regards us though

were his own for whose sanction

we should have applied in the same

manner, before completing the purchas, had this Excellency

been present. The Head of the foot during this Excelling; absence, after due investigation, at the time the walls built by Capt Teck were still standing, aced his

operations

the ground.

were

apparent, gave his decision officially that he had a right to dispose of its, and the transfer was accordingly formally made

Officer, who was specially authorized by this Excelling to register sales and transfers of land

the Land

Thope I am not presumptuous in aparting that as principle of law or

орвати Justine will justify a superior repudiating the acts of his constitutes officers acting in a manner specially and publickly authorized by hun, to third party the injury and loss of who has relied on the faith of

hese acts

But

　　　But H. his. Plenipotentiary after an interval of upwards of a hionth after this Excelling's arrival from the horth, during which brouth I have in terms of my obligation to build,

Expended

он

the ground

air additional

siene of upwards of the thousand

Bollars, has by repudiating the acts

　　　6. R. Johnston Eagle, in charge of the fort, and of the land officer authorized to transfer lands, apin opened up the question which had

been determined

　　　　　　　　　these officers, as to Capt.?. Mick having implemented

197

consequence of being of a different opinion

upon this point, stopped my buildings when more than half completed, and referred the case to the decision of tt. his. for leaving

any indemnity for the considerable pecuniary loss have sustained in consequence of the

me without

ground having been formally heasfow to me by

the Constituted Authorities

and aganist whom (myself) no ground of complaint is alleged.

I have tobring to four Lordship's notice the peculiar hardship of my having to plead

this nature before

heatter of

distance,

how remaining

ей

Your Lordship, also remote a While the buildings

the terms of his grant; and, in

Consequence

unfinished state, will of accepity

be ruins before four Lordship's decision can be obtained; and I must thereby be pecuniary sufferer to a considerable rytent, unless full indemnity is ordered by your soirship.

Even as to the right of Caft? Meik to dispose of the groundagain brought under discusion, perhaps your Lordship will be inclined to regard it with leniency when informed that in addition to four hundred on the ground dollars actually expended

La larger

even then has to the present

other loto

time been expended on many of equal extent the lost upwards of

Three hundred more

　　　　　　　　　　　the absconding of the Contractor, a casualty the Earlier builders

the Island were not unusually enbich to, from there being no Chinese

}

198

were in

contractors of respectability, then resident upon it; and that he's buildings propes at a time, when, in consequence of the continued uncertainty regarding the permanent occupation of the Ixlaced, the boldest had doubts regarding the result

their building operations; and that notwithstanding all difficulties, and sickness which compelled hein

bretire

an rivaled from China; considerable progres

was made with the buildings;

and the ground

was

transferred to me

two months before the expiration of the teime usually allowed for building.

may

be mentioned

In conclusion it that I made offer to surrender my right

to the ground in question, should it be вскросо

lequired

Contractors

199

· required for any government purpose,

вы

receiving undemnity for any rependiture

upon it.

I have

again

to apologise for having

intrude on four Lordship with matter so unworthy your Lordships attention, but the causes stated at the commencement of the letter, and there being no other course open toure, will I trust for my excuse. I nous leave the matter with confidence to Your Lordship's decision._

Shave s

(ligned) Robert Webster

Lor

Land Office,

October 4. 184.2.

I have the honour to inforce you

that

the baguar lots near Captain Morgan's Bagnar, numbering from H. 1. to H.6. have been transferred to your name and

subject to future regulations regarding

Muut ter Shave &

(signed) 2. J. Reynolds

To R. Webster Esqle

lui,

Mition Merchant in China

that

Inspector of Roads Du

they

Government town, Hongthing,

hovember 26. 1842.

Iam directed by A. M. Lohenston Eqre

Defecty Superintendent to to informi

Land

Ty R. Webster Expre

зна

you that by the termes of the gracit of ground to Capt & teck for the erection of a Military Bazaar, he is bound to clear away the Dirk at present lying in the live of road. Ao this ground has been transferred to you, and Mr. Kinsley, I have to bey that

will take immediate

заи measures to remove the same, and as

the width of the road is intended to be 50 feet, clear

of everything, the

　　Reichune walls built by Captain heik will be found to be rucroachments: after removing the rarth, should the depth of the lots be found insufficient, you

　　　　　are at liberty to cut away. hhill in rear to the

average depth of

Bagaar lots vist 45 feet.

Shave &

(Signed) W. Farrowh

Lands Road inspector

the

Copy

r:4

276 Hongthen

Sovernmen

RECEIVED

APR. 15

1843

201

Hong Kong January 14. 1845.

My Lord,

I have the honour le forward to your, lordship by the present opportunity a packet to your Lordship's address which has been sent to me for that purpose by M. Webster, a merchant at this plase.

Jam

been

ally

very Lorry

that there shouldhave

misunderstanding respecting

the

pound to which W. Webster's refremutation relates, but your Lordship will see the reasons for my

decision in the acco

accompanying

by my

Copier of correspondence, and more répecially in the letter addressed to Major Caine direction on the 8th mot?.

My time and thoughts have been to perfectly Occupied since

ему

la at arrival from the horthward with affairs of so much higher inportance that Freally had not lecsure to bestow a thought on hese matters, and d inferred Kal very

The Earl of Aberdeen Kr.

thing

201

was going

στο

thing

　　as I had repeated my injunctions on the subject of Land in a letter to Mr Johnston of which a transcript was quclosed to your Lordship in

　　　　　　　　　　　　　any despated h:39 of the 7th of September, but the very

as dwished, expecially

moment it was be

that

very

brought to my notice

had commenced on the lotr

　　　building which shad, for special reasons, granted to Captain theik, I took steps to pect a stop to hou vrections, pending the distructions which I am expecting from H. his foot . _

M: Johnston was then at Macus on private buscrip, and

d your Lordship will observe

the accompanying Copy of a

ve by.

letter which be

hand

addressed

to me, since his return on the 12th dustant, that he understood that he

was only doing what he was an

authorized in doring

by sauctioning

the tracesfer of

the lots; and

I give M. - Webster the full benefit of this fact, but it is to be taken into consideration, that had even Captain meik proceeded with the buildings which he began, they much have been pulled down

they encroached upon the Queen's road (Highway) that no permission was given by Mt. Sohuston to Enlarge the original allotment, and that the whole transaction took place long

the news

after of Peace having been concluded had reached Hong Kong, and had gewein value to land which it did not before poses.

Sa demonstration

the latter apertion,

of the

I need only mention, that the Rev. Mr. Shuck, to whome Captain beck delegatidhi's pretended authority to sell the land,

offered to dispose of the livelve lots for large sum of money and the cost of building a thirteenth shop, and although

they

they eventually fetched lip, Shold that

the price, whatever it might be, belonged

as my

to ther Majesty, and that it was business to dee to its being

the croure.

мас

of the

will then have an

being recovered

for

the

should dereceive authority by major Malcolm to dispose ofland on thischkland, Sintend that the lots in question shall be put up with others for sale by Public Auction, and heger's Webater and Kindley offorturity, if they desire it, of becoming the Proprietors. In case they do so it will be for your Lordshif to consider whether an abatement in the price they may pay shall be made equal to the secure they have already paid, should they not become the Proprietors, whether they ought to be refaid that sum from the amount the ground may fetch.

Shaver

(Signed) Henry Pottinger

Hase Plenipotentiary

Copy

Gentlemen,

276 Bagong

APR.

Government House : 208.15

Hong Kong, January to 1843.

1843

202

I am directed by Sir Henry Pollenger to ichinate to you, that the transfer of certain

locations to

to you by Captain threck (or on her behalf) in the vicinity of the cantonments Hill Barracks will not be recognized bytter Majiety's gout,

as captacie meik obtained permission to build on that ground on in which he totally failed..

terms

bader these circumstances, the ground in question clearly everted to the crown, and H. E. Sir Acury Pottinger thinks it right to intimate to you that if you build on it you will do so at

- your own risk as it will to sold, in common with all other public ground, on the receipt of the expected instructions.

from England. Have s

heprs Webster

Kinsley and

Sheck.

(Lynis) Richard Woosmon Acting Secretory

Copy

lor

276 Houghing

0.0.

203

Hong Kong, Jamiany $. 104% 3.

I have the honour to acknowle

dje

the

receipt of your letter of the date of 4th inst!", addreped to me

comprably with theser Webster and thuck, on the subject of certain locations hausferred From Capt. Meik to M: Webster and myalf.

that the whole of

In reply I beg to say,

this

transaction was conducted under the direcblanction

of the fort, forcually and Officially given in a letter from A. K. Johnston Eagle, addressed to Mishuck

ate it betobe ultimo, in virtue of which arqular

of date

transfer was made at the land Office, and on the

faith of which the purchase money was paid..

our title to their land, therefor, is not subject

May

to any charge of non- implement of the term of the

Fof grant, on the part of Captain theit, whic Dat this stage be hought forward; but is based on the good faith of the foot of the Ikland, which after one investigation, made over the ground to us, and which has subsequently, during the progress of our rich? Worsman Eagle.

operations

operations in clearing it, recognized our titte

trit, ui an

official communication: _

I have no doubt, that when His act hir

Henry Pottinger is made acquainted with these

circumstances, he will perecive that the fround unquestion has not reverted to the Crown, bret is the legal property of hittebster and myself. -

(dijned / W. Thos Kinsley

Copy

278 Aug 201

Hong Kong, January (

APR. 15 1843

I have the honour to acknowledge reweiht.

of your

consumunication of yesterday's date addressed to myself and teper kindly anothuch informing us that you

had been directed by firts. Pottinger to internate to us, that the Sansfer of certain

on his behalf Jui the

locations by Capt ? Beck (or

vicinity of Cantonment Hill Barracks, will not be recognized by H. his foot, as captain thech

obtained

percision to build on

that ground, on terms in which he totally failed;

that under

these circumstances the ground reverted to the Crown, and that His Excellency Sir Henry Pottenger thought it right to intimate to As, that if we build on it, we will doxo at our own risk, as it will be sold in with other Public ground. repectes Instructions from Englans ..

Nich? Woosman Expre

на

receipt of

"Common

the

205

In reply I bey to make the following statement on the subject of our Title to the Lots in question, for the information of N.2., bling that H. E. is not sufficiently acquainted with the whole circumstance of the case.

　　　These lots were offered for Sale to M: Kinsley and myself by Mi thuck, the reprexculative of Captain theik,_ and we agreed to purchase their for adfecified lum, provided he would cause them to be transferred to our hamer at the Land off in. Accordingly, reference was made tohor. Reguoto, there Laced

　　　　　officer, and through him to A.A. Johnston legte in chaye of the foot, who, under date the 14t betober ultimo, addressed a le to W. Shuck on the subject of which Stegt. hand

letter

　　　you a copy (marked A. ) from which You will perceive M. Johnston considered that Captain Meik "had made

Every

effort

" in his power to crect buil

Building

on the Lot, Walls partially.

"inquestion as evidenced "raised"; and that therefore he had directed the land duspector to register the lake

application being made them to

them

that

affect.

In virtue

repatered in

of this Authority the lots were in the names of M: Kinsley and myself, and the sale was closed by payments of the purchase money, and I bey to transant you a copy of the Certificate of Registry за granted by the land Officer & Myself for

to or the dig lots belonging to me (markedB. )

I further bey to transmit yon a copy of a letter (marked C. ) of date the 26t how ?, addressed there by the Landbasfectar, inforcing me that he had been desired

A. R. Johnston Eagle to request that

I would clear

away part of the heichene

Walls

Walls, built by Captain Meck, as it was found they were an encroachmen

the

Road- and that in lieu of this curtailment

I was at liberty to cut in at the back to The depth of 45- feet.

From these Documents, and a

a reference

to the land Office, His Excellency will perceive

sat that the housfer of these Lots was not

a mere private Fausfer to as from

Captani keik, or

but a

hawsaction

his agent, conducted through the land office, under

the direct sauction.

za.

　　　　　　　　　　　　R. Johnston Eagle in charge of the fort, and on the faith of #. 2 . Sir Hurry Pottingers publicar. I letter

7. Instructions to the Land officer, of date May 27th ultind, Empowering sales and Transfers of Land..

hime to register

That whether Captain Teck may

206

may not, be now considered to have implemented the termes of higrant, is not a matter with which we, the purchasers,

can be considered to have anything to

1- the purchase having been made by us

:us after the result of an ragnery я причу on the part of the foot

to us,

was made known

vig? that Capt? Meik had made

Every efforts in his power torrect

berildings

ли

the lot, and that he had

the power to dispose of them, and after a

record

ио

of the Transfer the loved officer

3rd that

had been delivered to

on the faith of the foot. Transfer

we paid a valuable consideration for the dots, and I have expended a considerable

tum ui

and

clearing

have now mi

those belonging timre,

propes Buildings upon

upon their

the same character, but of more expensive construction than those

commenced by Captain teik, the finishing

agwhore

　　　　　　Houses was prevented by the- Elofernent of the Contractor, whose

Contract in in

my popsession..

These particulars will Shope satisfy His Excellency, that the Lots in question

have not reverted to the Crown, but are bother legally aswell as

　　　　　　　　　　equitably the property of myself and M. Kincsley; accos beg respectfully to submit to #. 2; considuation that if a purchase under these circumstances is not to be held valid, but is to bear.

along with it a latent Forfeiture to the Crown, it will be difficult indeed for purchasers to devise precautions for retaining

a sound title to their own Lands.

Shave on (signed) Robert Webster

copy.

Seullemen,

276 Henghe

c.o APR 15 1843

207

Sovernment House hongkong, January 6.1002

Ibey to acknowledge the receipt of your several letters of the 5th and 6th last! audin

reply,

H. E . Sir Henry Pottinger descres me to that he still holds the opinion

letter to the address of

inforce you

Expressed in my

yourselves and In! Shuck of the 4th instant hamely that capth theik having totally failed in the fulfilment of the conditions

upon which he was permitted to build upon the proceed, the right necesarily reverted to the Crown ; and with reference to your

clarin ar

based

upon the forst

the foret of the tauper

having been effected under the sauction.

on of

to intivati

the head of the foot, he desires are to you that the confirmation of such acts

Theppes Kindley and

Webster

Mush

must still rest with Her Majesty the Queen,

to whose fav t

　　　　　　　fout the evicremstances will hereafter be transmitted

of the case

His Excellency further directs me to amind you, that the temière of all lands nows occupied is subject to such conditions, c.2. of rither rent, or sale by Public Auction, as

4. Mi foot may

decide upon

shave the honour t

(signed) Mich? Nouman Reting Secretary

Copy

ho:14

Svi

208

276 Hong Long

APR 15

Government House

Hory Kory, January

I am desired by tvi Avery Pottinger to forward to you the accompanying copies of two letters (hi). and 10) which were

addressed to me on the 4th and fto dustants to theprs Webster, Kirdly, and thick, regarding certain lots of pround which had ben transferred to there by Captaci theck, oron his behalf, and to

directions that

to convey to you

His Eucts

5 you will enforce

fintlemen concerned that

the

have

you

ou the Lots

will

been instructed to put a stop to the Buildings now going forward in question and which you accordingly be pleased to do from morning.

As for

tomorrow

Henry Pottinger meanes this letter and its accompaniements to

Major Caine

Chief Magistrate

Hong Kong

form

form the explanation which he is about

foot on this case, he

to submit to tt. Mi. Goot..

has further desired me to add, that the

fround in question was

was expressly granted

on the usual conditions to Captain Meik &

buildthops upon for the use of the hoops then stationed in Cantonment Bill Barrad, that the said tops were, by the recorded agreements, to be finished in boxy weeks, and that it was represented to this Excelling that the distance the men had to go to

4 buy

their Provisions was one cause

or at least was a

af sicknes ready excuse for this

absence from the Barracks.

It i

now affears that caft! Theik took no sufficient steps to fulfil his part of the Agreements that the ground lay vacantuntit Roure time after the hews of the treaty was received at Hong kong, that Captain Meik

Leaself.

209

humiself left the settlement giving the New! & Mr Shuck his pretended authority to dispose of the ground, which the latter gentleman offered to do, and that it was eventually disposed of to the Gentlemen wi whose hands it now is, for a considerable Sum of honey

It further appears, that the

the futlemen who bought the growed obtained percecision from In: Johnston, Deputy Superintendent, to add to the size of the original solo, in

: Struct Contravention of the repeated orders and Proclamations against granting Land, which had been issued before his thury Pottinger left Hougkory to rejoin the expedition

It is needless here to point out, that Caft! meik's claim to the ground had become, perfectly surreptitions from his acts, and that if any advantage is to begrinedsion it eventual re-sale, that advantage

belowys

　　belongs to the Queen, and is to be appropriate to meeting a part, however small, of the heavy. expence which H. his foot have incurred and are incurring in forming Roads or for the comfort and accommodation

of the Lettlement..

You that

are

In conclusion I am desired to acquaint

I you

at libert to allow the funtlewen concerned to have a copy of this letter, and that as I've Heury Pottinger hav adopted the course herein intimated

after giving the subject the fullest consideration, he does not intend to have

ally more

correspondreme

on the subject pending the Icestructions of 4.his. good, nor will the foot of this Exland

be un

　　　　any digue accountable for the fafety of the building Materials which are collected on the Lots ofground, and which to parties to whome the materials belong are to

be advised torecove.

Shavese

(signed) Rect? Woman

Relay Secretary

Copy

276 Hongkong

C.0

Hong Kong. Jana 12 ) 104.5.

A queation having arisen between M. Shuck and the late Land and Road Saspector, Mr. Reynolds, respecting the transfer of some Land allotted by the Lared Committed to Captain Meck for the purpose of building thereon a Bazaar.

- I was appealed to on

the 27th of September last, during your, Excellency's absence to the borth to decide, which I did precisely as I should have done had a question arisen regarding any other piece of land on the Seland and was under the fire impresion that I was boing nothing

right. Itrust I shall be reused for taking this occasion to point out toy. E. that Shave given no permission to add to the dije of the original Lots of Land suice sreceived position Sir Harry Pottingen Bart, ff.0

more than was

Instructions

точе

　instructions not to grant any Land. My directions to hr. Reynolds in the instance alluded to being to register the sale of placed belonging to caplain theik,

　and not to grant any previously obtained

Shave &

that he had not

(Liquid) Q. R. Johnston

Deputy leferinhadent

Sechstory 270. Hong Kong (Maitian)

RECEIVED

MAY. 4 1843

Foreign Office "May

3. 1843.

211

Sor

I am directed

The Earl

of Aberdeen

to transmit to

you..

the information

. for

of Lord Stauley, Copies of a correspondion which has passed beleveen this Office and the Frea carry with reference to

the

Treasury

Minute

respecting the formation

the 21th

of April

of.

Commisariat Establishment in China,

Copy of which Lord Aberdeen pressemen

has been communicated to the Colonial

office

M. Hope Regre

Jam, Sir,

Jour

nost obedient humble servant

Allebeddington.

C. R. Kevelgaudy Sie

Fresarialy MAY. 5. Murdoch Stephon

Jon Swelry 29

31 May 18823. Juvedirected y Loco Stanley Backnandiy

the 22

lette

the

aley of the Minute made of the Lords Comm of the Reasury for Guidance of M fo Yan Coffice in the discharge of his duties as Come & Gent on the Chica Station_and Jam bostate byou that in compliance with the desire of the Lord of the heavy downstanty

with communicate a

сид

Copy of the minute and of the leter ly which it is accompanied Sie Finger andt.

the Officer Commanding Am Froops withina!

and nih divest theme

themselves

востирани

Wo the relles therein laid

down as far

they

to their

may apply respective functions.

before Loud Stanley

adopli

this course

desires me.

　　　　　　　　Wanggent for the considuation

of the Lords Comme " of the Treasury the propriety fuelaxing Wrome extent the rule taid down in Some

　　　　　latter in respect t the commencement of public Works without previous authorl frome house. That restriction if carried out in it's literal deuse would

thei

213

fetter of Potangen

the direction

optie to a

greater extent than is

done in

Сале

gany

of the Governon of Amfrown

Colonies -

in Lord

youneduring the distance

and might in "of stongthong fo Comilly the length of time Stanley's opinion

consequently occupied.

in communicating with ich very inconvenient for

therefore

work

the public service. Hin Lordship would propone that instead of absolutes prohibiting Sie It Pottinger from Commmmming any without previous authong from home - he should be prohibited only from commencing any work not of the mort preping recepity and the delay of which would be prejudicial to public

　　　uiterents_ and should be required in care

cac ghi acting in such a matter on his own authong to subunit nd the ractiest Submit- popible opportunity a full explanation of the

which he grounds on

　　has proceeded - of the nature of the work. and of the total contopili Completion.

Thave

214

What has been heard from the

thy.

A cops of the

Sunderstated, received at this Office бла

norcal course & Memith Shavenst deveral days ago and fo

decuit.

4tmas.

the subject!

слику

Tewas

warded in the

The By

"Military

Ᏻ .

referred to by mr.

choul be superscribed with the word

then paped to hd. Smilte

لا

Murdoch has not been, with med to me. P

Minute. Can

Bio Murdoch

готу

gmas.

Mr. Hope You will see that we

ecome of it

at a stand in this case

are an

Awve you it?

Curr

ہے

Copy.

Sor

in 355 Hongk

CO.

215

merga office" lepral $27.1845.

1843

I have laid before the Earl of Aberdeen your Letter of the 26th Instant, inclosing a Copy of a

орый

Minute.

of the Board of treasury dated the 21.0 Instant, respecting the Commissariat Establishment to be maintained in China.

much.

and

Lord Aberdeen directs me to request that you will state to the Lords Comm : that Hei Lordship has no

opinion to offer upon the arrangements as relates to the payment by that Establishment of the haval, Military Colonial Expenditures; but with regard to the services oft

of the Commissariat being rendered available for the payment of the charges of the Chief Superintendent's Office, and of the Cousclar establishment in Efina, Lord Aberdeen is disposed to concur in the expediency of that course, Hi Lordship will give the requisite instructions on the subject to Sir Henry Pottinger.

and

With regard, however, to the custody and appropriation of the money, to be from time to

уче

time received from the Chincie Gort, and

8. Trevelyander

Aberdeen.

216

Aberdeen would wish to have some further

explanation as to the intentions

of the

Board of in order that,

+ precise

Treasury

in that respect,

be sent to Sir. 4. Pottinger for

　　　instructions may his future guidance.

His Lordship would however in the first place observe that Sir H. Pottenger, or the Chief Superintend?

　　　　　　　　　　　　Creep for the time being, must alone receive from the (linese Gort the amount of the several & instalments as they became due ; but His Lordship would wish to be informed whether Sie 4. Pottinger in to retain the instalments when paid, in his own custody, or to pay them over im inediately to the Commissariat, the Commissarist serving restricted from setting apart any portion thereof for the payment of current expences :: ithout the concurrence of lir . 4. Pottinger ; and in that case whether the Commissariat itself to make arrangements for remitting to this Country the balances which with the concurrence of Sir . H. Pottinger, it may adociable to dispose of in that manner : whether it in the intention of the Board

་

consider

of Treasury that Sir. Ht. Pottinger should retain

over.

in his own charge the whole of the Instalments when paid, and having set apart and paid to the Commisariat a sam sufficient to meet the current expences according to the estimates t presented to fir Ht. Pottinger by the Commissariat and approved of by shem, Limself make ar= -rangements for remitting & England the balancer of the several instalments. In this latter case, the service to be rendered by the Commissariet establishment & Sir 4. Pottinger would be confined to the mere drawing up his accounts.

they

in the same manner as

are now drawn

up in the Superintendents Office.

Lord Aberdeen presames that the Board, of Treasury will apprize the Board of Admirally, of the time at which remittances

May expected to be made from China to their County, so that arrangements may be made by that Dept for

ance of the Freasure to England, without prejudice to the wants of the public service in the China Seas, and without reducing

the

convey.

the

be considered

naval force which it may advisable to keep up in that quarter.

Witte regard to the passage in the Minute

which

し

which alludes to "local collections", "Lord Aberdeen understands that passage to refer merely to monies collected in the Soland of Hongkong. I am se

(signed) A. A. Addington

Copy

Ser

in 355 Hongkong 217

Treasury Chamber

C.O. MAY

28. Apul. 1845 1845

I am commanded by the Lords Commnt. of It: this Treasury to acquaint you, for the information of Lord Aberdeen, in reply to your

Letter of the 27 Just

the subject of the Duties; to be performed by the Commissariat Establishment in China, that their tordships intentions with respect to the employment- of Commissary General (offin and the Officers of the Commissariat dept under his orders, as regards the receipt, custody and disposal of the Sumes to be received from the (hmere Authorities under the Treaty may

explicitly stated as follows.

be more

The sums to be received from the fines Authorities under the Treaty are to be considered

as a

until

separate Fund under the charge and responsibility of H : M's Plenipotentiong they shall be disposed of by being appropriated under Sir H. Pottinger's directions for the purpose of meeting the local fivil and Military Expenditure, or by being

remitted to this Country, or in both those ways. The accounts of this Fund will be rendend

を H.M. Addington Esq.

Copy

To Treasury-

F.0. Aprit. 27. 1843.

218

as soon as

by Sir. H. Pottinger

possible after each instalment shall have been disposed of

　　Commissary Gen. Coffin, and the officers belonging to the dept under his orders are to be employed ander Sir H. Pottinger's directions, to such extent

and in

such

manner as

4:2:

may

think

proper, in receiving keeping and disposing, in the manner abovementioned, of the sums to be received from the Chinese Authorities. It appeared to their Lordships that the Officer; of the Commisariat dept in (hena might from their experience in monetary transactions and from their habits of account, leader areful assistance to H. Mis Plenipotentiary in the execution of the important daty of

rea

:lising and remitting the Sums to be receiver under the Treaty, but it was not intended & reheve that high Functionary from any portion of the responsibility attending the performance of this duty-.

Commissary General Coffin's Errect & accountability will commence only from the date at which sums shall be transferred to his immediate (harge for the purpose of carrying on the civil and military

exo

expenditure, and it will be confined to the sums so transferred.

communi:

My Lords will make the recessary cation to the Board of Admiralty respecting the employment of some of 4 : His Ships on the China Itation in the conveyance of Treasure & this Country.

The passago in their Lordships Irmité dated the 21th Just which alludes to "local Collections" refers

as Lord Aberdeen suppores, merely to Pronces collected in the Island

Stong kong.

I am

(Signed) C. E. Trevelyan

•

aput. 28. 1845.

From Treasury

Erply

219

JULY 6 1845

Foreign Office July 5. 1843.

With reference to my

February

Letter of the 10 th of

last, and to the subsequent correspondence between this Department and the Colonial Office,

relation to the question of Surisdiction over

Chenèse revident at Hongkong, I am directed by The Earl of Aberdeen to transmit bogen, for the information of Lord Stanley, extracts of further correspondence between Sir Henry Pottinger and the Chinese Commissioners upon

same

subject.

the

C. W. Hope Eur

am,

Your most obedient

humble Servant

Aibedington.

Ас

　　　Julie het Shifter is right! a velsuchen there will be as justins

بر یاد کرو

to the lais

C. and invernd our Each insanctive

July.

W. Hope.

questions.

legislating. apprehend the settled hound which will require. dounions for trial. c fiersmes out of the dummes write cathers be as to sending

am able to judge. 2. Chinese at trong Hong shall be tied by of Sovereignty ; but how has this ott be a conclusive objection in more then This is a concession which can hardly be reconciled with our Enighean notions arise between themselves; but that the Chinese God, shall appoint the judge affect of this quot merely that Sir Fr. Pottinger agrees that the Chinen Juday as often

in Houghtong itself but on the

I appinestrat Kowling, is not

Cand _The difficulty therepre

Cassie We Go. Hongkong fuum which

27/the induce you will pericos Compare thee with this prisoitin, and let me see for aduz Quinese saw willine tughay

vechselves or sudiy cremcals &

this subjeel. Look to this, and

beweit under Cregence.

Wellflen

limits. Antobalizing.

Wishes Whedo

i would be

Computt

Wheker sore thuh,

Extract

tocal beislamire of long Hong shable the Cost to tell persons Exccut offences willen mil to Clema per terkes

the

12 July.

All ordinary analogies otherwise it we seem

Ind. Hope

Mencer.com

Jeesu

to fail in their afflication to the care

aborious that persons charged

of China;

with

Comme

thy

crimes the Paris

bery

within the Queen's Dominions c. not be sent for trial alsowhere, A Frenchman

ommitting

a crime in London,.

or are

could not be reclaimed for trial

Englishman.

his

Bron

Jov

ation

or geen riff to be tried local

כר

the Country within

of the Country,

by the Good. chose Laws he had broken. Every man swas allerie.cc. to the Sovereign and to the Law

happens to be. Besides,

• ፈ

the same

so in another,

420-410

action which is

may not be so may

ம

ora

Learn forary

which he

Country

equal degree. All thes

the States of Christendom; but.

Arosh.

A probably

"intelligible to the Chinese God. It it be right to siteblich such an

innovation, I think the safort

treal Legislative of Hory Hong

Live.

it will be to rely

the

of a

letter

from

in 570 they hoy 221

SED

1840

Canton River January 21.1045.- Imperial Commigers dated in the

Sir Henry Pottinger to the

should be governed by Luggestion that the People of Houghery his perfect willingness to meet their Excellen

to the Imperial Commifers at hanking,

7th. The Plemipotentiary lhewise internatio

their own Laws

and Mandarive to be stationed at.

- Kowloon,

recorded opinion that the British

en bequent inquiries craferie his already

still accedes to that propoxal ; but all for that purpose. The Plenipotentiary

Authorities ou

impossible to keep in

to a certain extual, else it will be

allowed torxercise Police jurisdiation

Hong Kong must be

any degree of order

or restraint the large afccblage of koples

دیکھے

　　of all nations who have settled at, or who occasionally resort to, tory korg, on this point, reference must be had to what passed at hacking.

as well as all others,

asyo ay karan

222

7222 Comaufsioners

Extinct of a letter from the Lumperial Comanproven,

Flor.

HeueryPottinger

daled

February 1849.

Morg

Agarding the inhabitants of Hory

Kory.

As the resident natives of Houghon, dwell their promiscuously with the Merchants of every country, it will be difficult to guard against disturbances. Suppose they break the Laws, wen should the crime be a light one, still must they be sent to

the Chinese Mandarin resident at

Kowlung for trial and punishment, which arrangement will be much better. For the people of the Province of Canton are violent in their manners

and dispositions, they

are

rasily led

to presume upon their members, to

Endeavour to

matters with the

　　　　　　　carry strong hand; if the English officers should suddenly inflict any punishment it is hard to secure that they may not resist, and that the evil

may not

apread, by The foot of the people from your Hopeking the territory. We have therefore

reason of your apuming

resolved to send a

kunkeen, or

inferior

district officer, to reside at howling, for the purpose of controlling

Chinese, and

investigating

they

are accused

the

the crimes.

ou the nearest

spot . _ This is that your

་.

Honourable

　　officer stationed at Hong Kong may adopt the picatures be deeves prudent before hand, and not for any

intention.

other sinister

in 570 toy Kon, 223

c.o.

RECES

JULY 6

Extract of a letter from Sir Macery Pollenger to the

Imperial Commissioners dated at tasas

February

い

20.1845.

I quite approve of your Excellencies

( sending a breakeca a

༡

inferis District officer for the purpose of investigalizy the crimes and settling the disputes of the Chinese people residing on thong hong, and I will instruct it to be notified that all Chinese persons having complaint agirist Chinese may apply if they like. When foreigners are parties in disputes of course the British Officers must in all cases invectigate

and where the Chinese found in the

Bhim

wrong they will be

sent with the evidevee

are

to kowboy

to be punished according to the Laws of the Empire.

A most important concarunication.

Komp24

in 5.70 they Kower

Extract of

Letter from kekang to Sir A. Lottinger

C.0.

JULY 6 1843

March 9. 1843. 19.

"Your Excellency's proposals in

to our native people I willing at

reference

Hongkong

are

exceedingly right and proper,

and I, the Governor General,

have

already ordered the Treasurer & Criminal

Indge to select an

Offices for the purpose

specified, and so soon as the arrangements

have been completed and submitted

to The Emperor

take up

he with then proceed to

his residence.

16.

fir,

581 RECEIVED

JULY 10

Foreign office,

July 7.1845.

225

Iam directed by the Earl of Aberdeen to transmit to you, for the information of Lord Stanley, a copy of a despatch Grom Sir Henry Pottinger, inclosing statements of variour caker in which hir judicial interference has recently been called for at Hongkong. -

Jaw, Sir,

превода

Your

most obedient.

humble servant

Allibaldington.

Kehung to Sinst

Extract.

Sir,

581 RECEIVED

JULY 10

Foreign Office,

July 7. 1845.

225

Iam directed by the Earl of Aberdeen to transmit to you, for the information of Lord Stanley, a copy of a despatch Grom Sir Henry Pottinger, inclosing statements of variour caser in which his judicial interference has recently been called for at Hong Kong. -

Jaw, Sir,

Your

most obedient.

humble Servant

Allebellington.

Extrach

lin Her Fattines

ope rapp

Sir,

581 RECEIVED

JHTY 10

Foreign Office,

July 7.1845.

Jame directed by

225

The Earl of Aberdeen

to transmit to you, for the information of Lord Stanley, a copy of a despatch Grom Sir Henry Pottinger, inclosing statements of variour caser in which his judicial interference has recently been called for at Hongkong.

Jaw, Sir,

Your

most obedient.

humble servant

Allebaddlington.

Extrach

tope rapp

ho 23.

Sir,

581 khong khong

RECEIVED

JULY 10

Foreign Office,

July 7.1845.

225

Iam directed by the rail of Aberdeen to transmit to you, for the information of Lord Stanley, a copy of a despatch from Sir Henry Pottinger, inclosing statements of variour caser in which hir judicial interference has recently been called for at Hongkong. -

Раш, Jaw, Sir,

Your

most obedient

humble Servant

Allebaddlington.

1:16

Extract

S. W. Hope rapp Поревер

226

25. Stops

You will learn from this that Sir Henry Pottinges has been acting ( quite property and unavoidably I doubt not) as Judge or Arbiter at Song Hong as well as

other expreity: and the practical inference. it is I believe, the recepity of appointing a Iudicial offer there? L/It is clean friver this theat if as pedar is conside wanted biot Heppisse Eve with wait till you hear frcen fir 184 in arme to the cuncations but by Maser beater-Anoshely 1/43

July 11. Geen begin helhe

прочерь

сорно

Macas. March 235/45.

227

ho. 23.

Fagford,

RECEIVED

JULY 1

1846

I do myself the honor to forward, for the information of H. this Goot, Copies of two memorander and four Letters which I have recently made and written, connected with complaints that have been preferred to me.

The Proceedings

: these cases are

in some of these

much too bulky and voluminous to be transcribed. and sent to your Lordship, but as it is possible either be appealed against

that my

brought

acts

4. Mis Gost I

may

in some shape to the notice of + I think It adorable to submit them; and the Memorandum marked A will I explain the

explain the origin and nature of the different complaints.

I have addressed your Lordship in the present despatch on these topics, though the immediate establishment of Courts at Hongkong will provide for all similar cases in future =

I have se de

(sejaed) Henry Pottinger

The Earl of Aberdeen K. I

Сорку

This

Nie

that he.

Memornadam.

RECEIVE

228

1842

Mr ]

any

case [ The Memorial of the Dans seems to to be a mort unjustifiable transaction from first to last, on the part of Mr. Gillespie. It is shown in the first instance committed a positive. act offrand on her employers [Mest" Wetmore +6 ] and now would seem to be not only persisting that act of frand but to be threatening to bring an action for slander against one of those Gentlemen [Mr. Lejee of the Form of mess?" "Wetmore && [] becaus he expressed them the only opinion that honest man could form of his [Mr. Gillespie's ] conduct.

I consider that thess? Wetmore &y were pontively

v bound to warn all persons to whom they had,

Lin recommended Mr. Gillespie against trusting farther, and I am certain that no

-no jury award damages on any

such pretence. I now with the Chief Magistrate to inform Mr Gillespie, that I expect that a Court with (ivil and criminal jurisdiction will be very shortly established in this (olong which will decide the scare that in the mean time of he [ hr. Gillespie ) attempts to leave Hongkong, he will be detained, and that the Land Officer will be instructed not to register sale or transfer of any property he

may

would

the

Cold

the

229

REC

the Island. There

duty

measures

тель

seem.

strong, but it is my

сору

in the anomalous situation in which Schand

　　to see justice enforced and good order maintained, a far as in my power; and this can never be done, if the principle, on which Mr. Gillespie had acted, is admitted . The simple meaning of that principle appears to me that a man has a

has a right to defrand

a his Employer and to bring an Action against him

The

because he tells him he has done so.

Major Caine has

sanction to farmishing the my Parties with transcripts of these observations, should

they express a with for

them.

Groemment Hase.

Hongkong 4th March 1843.

(Signed) Henry Pottinger

There

Memorandum

16-0

can be no doubt but strickly speaking Mr. Davidson ought at.

the Bill since no such

he describes cau

at once to

to pay

arrangement a

interfere with a transaction of this nature, but considering the whole of the circumstances, and above all bearing in mind that there is at this moment noformural Court of Low- in the Colony, I recommend that M. Davidson may be allowed the time he mentions (that is ter months) to obtain a reply from hingapore.

I request however the Chief Magistrate will point out to the Parties, and especially

arrangement

to Mr. Davidson that this

ло вс

по желео а

one

a final or binding and that on the probable, or I may say,

certain

230

ENCEIVED

JUTY 10 1040

certain establishment of

Court with

Сору

h:112

Civil and Criminal jurisdiction which be looked for very shortly, this

may

case must be deemed open to cummediate

revision.

Government Horse } (signed) Henry Pottinger

March 4.1045.

4. Mi. Plenipotentiary & fovernor..

Government House Hongkong March 8. 1849 ..

I am directed by br Henry Pottinger to

acknowledge the receipt of your

festerday to M. E. address.

letter

Whenever you wish to dispose of any of

your property

on this land with a view to

arranging with your creditors, the restrictions

which it has been H. Ei.

very unpleasant

duty to impose, will be removed, as the only

object of thear is to see justice done and to Enforce the necessary defree of good

badd

His Excellency also desires me that it was with much regret he formed a

перевка,

and

expressed the opinions he did, and that Whenever you

are able to disprove those

1. V. Gillespie Eagle

opinions

opinions in a Court of Justice, and

in the

eyes of the world, it will afford

fum satisfaction to acknowledge that

id in error.

they are grounded

shave or?

(signed) Richard Woosnam

boting bearetary

Copy

From Sir Henry Pottinger

copy

re121

Sor

エニー

RECEREL

JU.19

Macao, March 15. 184.8.

I have to ac

knowledge.

the receipt.

231

of your private letter of the 13th duxtant, accompanied by the proceedings of the Marine Magistrate of Houghong in an

invectigation where the First thale the Ship " Aden" was charged with

"Cutting and maining

may

one

involve

As the ease is a highly important Acounting to Felony, and the punishment of hansportation; and as in the absence of a sufficiently

constituted Court at Hong Kong, it may

necesary to refer the maller to tt. his foot, I consider it to be

the firsbinstance, to

h. R. Johnston Espe

Deputy Superintendent, ra,

my duty, in

auswer

jour

letter

letter in this Force for the double purpose of pointing out the want of form

and

irregularities in the Marine

　　magistrates proceedings, and of communicating hey

it as a

the Prisoner,

wishes with respect to their revision. _ du the first place, it is to be observed that the Marine Magistrate has treated the case as a civil prosecution between Plaintiff and defendant; instead of Frecording

prosecution in the home of the dueen against and then detailing the charge in full. In the second place, the first witness styted the Plaintiff, and wist witnesses called forward atyted withnesses for the Plaintiff instead of for the Prosecution

called is

of the other

are 2

All these witnesses should have been

"called

232

"called into Court and duly sworn and their evidence afterwords recorded, and it does not appear.

ли

the procating

Whether I : Winchester's rxamination was upon both or not. If not, it is obviously necessary that it should have

been

ко

The Prisoner had, Ipresume, the option

of crop examining all the witnesser for the Prosecutor, but that factshould have been distinctly atated before rack wihnep

was allowed to withdraw,

and it ought alas to have been stated that the prisoner was invited

to make

any defence he liked and to

call

additional

any

witnesses

Whom

thought proper

ght proper in support of his

ofhis

defence (if he made

also

also have been warned against any

was a

　　aducision himself, and which (if not done)

most important oversight. Ilearn from your private letter, that the Prisoner is detained in custody, but this fact ought to have been recorded "pending instructions from the Head of the fovernment", and untit the receipt of sued the Court should have been formally adjourned. -

　　　It is also expedient that Iahould point out that in a matter

of thei

that could criminate

　　nature, the expression of the marine magistrates

　　　　trates thanks to Lrent Fitzjame. and Captain Richards (who do not appear to have been examined before The Court) was not only totally

uncalled

C.O.

JULY 19 1843

uncalled for but is highly compeloper. Those officers did only their duty to The Queen in preserving the Public Peace, and if their evidence was

arrepend rither for the proxecation or defence, they should have been called before Court, and duly

Evidence or

the

un, as no hearsay

zworn

шели

opinions

for

mourent be admitted in such a

hatter.

I have further learned by accident that the master of the "Aden"died in

the

voyage from Sidney (whence the this came ) to Hong kong, but both these facts (that is the Port from Whence the thip came, and the death

де

234

the

ld have appeared in

master) should the proceedings, as they

are calculato

to afish the judgment of the Head of the fovernment of Hong Kong (and Eventually W. Mis fast) in issuing instructions for the disposal of the Prisoner.

I consider the whole affair to be of so important a description, that it should now be revised and

most,

investigated in the mos

　　　　　　　　　　　+1 formal manner, that the anomalous position

will admit. Sahould

　　of the colony have been disposed myself to proced to Hory hory for that purpose.

but

no the case must be subunitted to

me for consideration, it is more

regular

no part

regular that I should take no in the investigation.

I have accordingly to instruct you, that you should

assemble a court consisting of yourself, and the Chief and marine majestrates, and that you proceed to investigate the chape against the Prisoner in the mansier I have detailed in this letter, for which

olyich dinclose you

Warrant under

гу

hand and heal,

and which warrant is to be

appended to the Proceedings, as your

authority for so doing. -

Shave tra

(Signed) Hewey Pottinger

H. M. Plenipotentiary

Copy

RECEIVED

JELY 1 1345

235

In the name of our Sovereign Lady Victoria, Queen of great Britain. Ka

129

Ir a.

учи

A. M. Johnston East, Deperty Superintendent

of Trade. Dr.

Sea Dra.

Major William Carne, Chief Magistrate of

Hong hory.

& M

Lient ! Williams Peddler, &.&. Marine

Magistrate of Hong Kory.

Ve, TC.

By virtue

the authority vested in

me, I do hereby constitute and appoint

you three

conjointly

tobe a Court to

Examine, investigate, and inquire

into a charge made against William

Roberts

and now

Roberts, Chief Mate of the befeel called the Aden, that he, on the night of the 10th of this present mouth of March, did, on board the said vessel then

lying at anchor in Hong Kong Harbour, feloniously and unlawfully apault and wound with intent to do Lome grievous bodily harm, Andrew Cameron the second mate of the Laid tepel : And for holding auch

прев Court and entering into such Examination, investigation, andhyping this warrant shall be to

you and

all others full and sufficient authority -

Given under

hand and real, at macas,

this Fifteenth day of March A. D. 1845. (L.S.) Rigid Henry Pottinger

H. Mis. Plenipotection Chief Perp of Trade I

and

8 governor of Hory Kory.

Copy

2:130

love

Jour

RECEIVEL

JULY 10

1843

236

Macae, March 23. 184.3.

better

the

19th us laut, I have

had the honour to receive

५

I have now.

arranged for the Ship "Aden "returning to Houghong, but I cannot refrain from expressing my great surprije that she should have been allowed to quit that Port, whilst the case of her Chief.

reference.

Mate was under re

во вне

If the Marine Magistrate did not know that the was about to quit the Port, he neglected his duty, and if he ? did not know that fact, it was his business to bring it to jowe notice, and

to lake steps for having her

Jour's A. R. Johnston Gr

Deperty Purpericntendent

detained

detained.

I am unwillingly oblijed to point out to you

that the heavy and important duties that constantly call for my

attention

added to

are

:greatly unfeded and by these kinds of oversights. thave?

(digned) Heciry Pottinger

H. his Plenipotentiary

Copy

JP. 127. Ser

RECENED

JULY

Macao. 122 M 2843.

A complacsit has this day been laid before

two seamen

237

agamit ter. Thomwn the master of the Ship "Urgent now at anchor in the Type, that he has dercharged them withiout paying their wages.

I directed a letter to be written to the said master requesting him to explain the matter and if proper, settle with the mew; but he has thought fit to decline to receive the Letter, and, (as I am informed) declared that he had no concern It : Mis Authorities in this Country.

witte

have been

under there cricumstances, I am obliged to beg that you will be so good as to rend the letters, which I now enclose for bar. Thomson, on board the "Wrgent," with an intimation that

you authonged by me to detain that Ship & prevent her sailing from their Port, until the two Seamens complaint shall be inquired into, and disposed of and for so doing the present Letter shall be to you and all others acting under your

orders full and sufficient authority. I have to

Cap. Willis Johnson Rh.

manding,

D. M. S. " "Wolverine"

(signed) Henry Pottinger

Memoranduren A.

RECEIVED

JFCX 10 1043

238

M. 1. In this case goods

were

consigned

by the Fiiece.

Telmore # of Macas, to M:

Gillespie for sale at Houghong. The latter

person sold them and refused to

for the proceeds. One

Mashmore andt:

account

the Partners of

addressed a strong letter.

to Mhe. fillespie, and told her in it,

amongan

other

things,

that they

they had felt

it to be their deity to warn those friends

to whom they had before recommendisken. On this Mr. Gillespie intimated his

intention

of bringing au Action for slander and spoke of the awart of a dury leaving a Balance due to him! _ all the parties are Citizens of the United Stater of America.

h. 2. Mr. Davidson, a British Merchent

239

of Perigapore accepted a Bill on himmelfs at three months date, but left that Colony before the Bill arrived at maturity The bill was sent to the Agent at Houghtong of the Firm to whom the Hill was payable

brought before the

and the matter was

Chief Magistrate at Hong kong. M. Davidson pleaded that he had arranged

the partners of the Firms to be

with one of

allowed to

study

his own convenience

　　　discharging it, and offered to produc written wvidence to this affect intwo Jouths.

was

ready to pay

be done

　　M. 3. M. Gillespie addressed a letter to hi Newry Pottinger sayringhe his debts; that that could only by selling his property on tong kory, and that as such sale had been prohibited, his

hop

not settling with his creditors was no his fault.

longer

Cak

W!3 was written in answer to this communication

Wit. This case is

enfficiently explained in the letter. W: Peddar, the Marine Magistrate a Hong Kong, thought fish, instead of confining himself to the Business before hein, to go out of his way

to return thanks to Captain Richards and Lieut.!" Fitzjames of this. this "Cornwallis" for having brought to

the

notice the Civil

merits of the case to the wotee of " Authorities" The former officer had, when haibed from the "Aden", sent a Boat from the "Coreewallis " to suppress the disturbance board the "Aden", and Lieut. Fitzjames was ordered on this duty

2.5. Does not require any explanation beyond What is shown on the face of it. 2.6. Explains itself..

(Ligned) Heuvry Pottinger

ho.23. 1843. ha hi Henry Pottinger's

Foreign Office,

July 7. 1845.

7.1

240

Copy

Sir,

I am directed by

The Earl of Aberdeen to

transmit to you, for the information of lord

Stanley,

Copier of a forrespondence which has -passed between Her Majesty's Plenipotentiary

in China, and the Chinese authorities,

respecting

ment to

the wish of that Governmen

Establish a Custom House on the Island of

Koolangsoo. -

Jam,

fir

"Your most obedient

humble Servant

Alleshedington

G. W. Hope raps

}

Loryn Office 27/

Haugkong Enteredy All. Addingtonbry

Immediate Lin

Forwarded by Sur

Mundan 25.

Stephen 25|

27 Jul 241

Juve directed y

docs Stanley torqued would move

25 duty that

me tile

27.

the Earl of lebersen

tuiform his Lordlife

whether

have been given

instruction

Bo Lir

At Pottingen toprevent The Chinese from creating the Promontory

Military Works

which commands the

anchorage of Hongthing

and if to, whether he is authorized to proud

them should todecting they brothe Low Stanly would

be made

the attempt

futher request to be informed whether there

　　are any engagements between this Country and Portugal which would kind Gt Britain Winterpose in the event of arupture between the Chinese and the authorities at Macas,

Shavez

242

Gofes

W. Murdoch

Do you happen to know where this Island is, I must achn.coledige

It is a small delaf

12 July Mat being

here.

W. Hop

is Amag Harbours

WJoy

the case I do not posesive why the Papons have been

Copy

r K. E.

Dr 401. Chun

243

Elepoo peas fea hereby makes this

dear communication.

I have received a despatch from

Paonchang, several of the Jarlar Savison of Fechchour to the following effect.

"Since the time when the late war

has

commenced, the Port of Amoz not been apened for Trade, and for

the boying of Duties. how, however, the two tations being at Peace, it is exteremely proper that the said Port should be declared apen. Formerly the Island of Koolaugos there

преп

was a small fustom House Station for the detection and prevention of

smuggling,

but as that place is now

garrisoned by the English, it may

Sir Henry Pottinger

nat

244

"be convement to send people there to search and exemine so that

it is

very easy for people to smuggle. Imust therefore desire that you will request the Honble Plenipotentiary to rend Instructions to the fommanding officer at Koolangsoo, to give up

the original fustom Honne Station, that our people at all times to rearch

may be able

and examine; ou,

should that he considered tinexpedient, then to the West of Koolangaos there is another Island called Linsea, to which the small (ustom House Station for

Searching

and exce

examuning may

may

shifted, and then the Post

apered. In the waters behind these Islands we have hitherto had stated number of fast Boats, used

"as

fingers to protect the revenue it will also be necessary that the Monte Plenipotentiary give instructions to the commanding officers at koolangsoo, that they may only restrain their soldiers and sailors,

and not throus impediments in the

our

way of Officers, thereby causing

craigers and

Having

that as

Custom konse

disturbances."

received this despatch I find

regards amoy.

we have

already duly reported to the Emperor and obtained his permission for

for the English to trade there; and, therefore, as respects the opening of the Port, the preventing of amuggling, the collective of the duties, &c, ten, both parties ought to unite together for these objects, thereby still more

σ'

to strengthen

our

friendships; forasmuch

therefore, I now send this communication to the Honerable Plenipotentiary, begging that 4. E. will send the recessary instructions to the commanding Offices at that place, that they may together and take their measures

accordingly.

I hape for your answer

consult

to enable

affia Reply to

me to send aw

Several Paruchary

that he

in conformity.

may

ach

　　　An importent communication Taoukwang 23rd Year, 12th thoon, 23rd das

21th February 1843.

A time translation.

Ligned. R. Thom

Irue Cany

Joint Interpreter.

Richard Wooxham

Lec. to H. M's Plenipotenciary

Copy

1.2.

245

Gook House Monktong

March 1. 1843,

I. have received J. 21 communication

an cxtract of one

of Zebt. 21. enclosing from the Tartar General Paow Chang,

to establish a Custom House proposing Station the Island of Koolongaos

the

small one to the Westward of its called "Linsea", and considering that the former is at present temporarily occupied by British Troops, I do not think it would be desirable or proper for any Chinese (ustom House officers to be stationed there, but I see no

objection to

that called Linsea

are warned not to interfere

their being plased,

provided they

with the trausch of

the

common

Вадач

supplies for the garnion of Koolangson.

The Tartar Jeneral Peon (hany interrie

Eepoo Smp Commissioner

por

124

proposes to establish the former Dast boats in the Waters behind the Ixlands to guard the Trade yea, and bogs that intimation

may

be made

to this effect to the officer commenting.

at korlangros. To this arrangement

likewise I see no

objection

the same

understanding,

　　　　　　　　that they do not interfere with Provisions for the Iroaps being carried to Koolaugos and on both these points I shall communicate my opinions to H. E. the admiral in order that the necessary instructions

may be issued.

I take this opportunity to point out to 2. that the moment the Tariff and

4.2.

scale

Buties

are

re fraied agreeable to the Treaty a British Consular Officer

will be appointed to reside at Amoy,

and

246

and then all these matters will be under his superintendance which will greatly facilitate the despatch of business and likewise prevent the pofsibility of any misunderstanding

disputes.

A most important communication in reply.

(Signed) Henry Pottinger

1. B. M's Plenipotentiary

Ime Copy

Sgned) Richard Wookham

Secretary to H. M's Plenipotentiary

2.142.4.

1. Saft: /49. 98112. Dissalist & Hein

Copposinelosure

marked

ron trong trong

RECEIVED

AUG 4 1843

247

Forign Office, August 3. 1849.

of the dow

I are directed by the last of

herewith, to be laid

tensmit to

you

Lewd Stanley, two despatikes from

Lenny Pottinger, suggesting

the establishment

Government Pup at "Hong Kong, and also reporting

the slept which he has

When for establishing Begidly office.

ûre

Spland.

In order to save time these despatches

Arginal, but s'am to

sent t

request.

office.

James Stephen Eje

you How

that

Smay

be returned to this

will be supplied.

when Copies will be

Dam, Sie,

obedient.

You the dewant.

AlleAddington-

of Feb. 21. 1843.

to Letter from Slepoo Soi H. Pottingers reply

March 1. 1843.

It is Illuich cleach unicescacy to reply to buse by todays mail is proposé Mesire

to release theirs.

we leave now

lobe copied irrequelen.

reckther couès.

re you will obverse hovite dicit desertions - the first_ as to the relaby aregutry of all inhabit of the seland -

the second _ the setting up of.

Government (ilfs-

、

on un frish pount be alt to

rear agam though he isuar

to expect beat me of"

thus be jo. at me I

Duc holiucij

howevecto

call fir ötnevntño. wellhoit low im

apparent laten to beann Pristals

sttuick Quite weconsciteal wilte

practcie & would sobrelve when it -

our ideas thalcon wees be the Mullin

brate-uuch as

thick on the presuit case is to

they objet to be stablishent of Cors presses ✓ An the second print of cover the Reamery must be consulted -

ale tions

live than thre

reases in favor of the proposal.

ہے بساعات

a m

248

Hoykoy Entered

1843

Forwarded by AUG

Mundah.16. Stephen

Leal Stanley

167

Jave directed

249

吆

dard Stanley Wtraumit toyou herewith, for the

Consideration of the Lords Comme = the drearing, the Czy to

Despatch and Hter N. Mingen. addused stir

Wo the lack the stablishment

Carl of Aberdeen

suggesting

Falod! Pup at Hong

dow Stanley

Kong.

desires me to add that munder the preculiar cirumstances of

that

Colong Sir H. Bringer;

in his opinion Proposition is, in

worthy of attentive

Consideration.

Валери

Hongkong

250

Hill. Addingtonder 7. Sept. 1005.

18.3

Forwarded in AUG!

Murdoch 5.

Slepiten 31

LordStanley

25. Aug: 1843.

2:12. 1. Seft: 1043.

Lie

Jam directed

how Stanly Wislate to you, for the information of the Earl of

Aberdeen,

that he has submitted for the consideration of The Lords Commets of the Reaney

Sie & Pottinger

despatch of thett Mugs of which

a copy

алеоги

hanced your belen of the 5 plant proposing the tatablishment fa God Prep at Hougthong, and has received from their Lordships the oftwhich a lify is amend Lord Stanley has accordings adduped to Sir A Pottinger

алекний

гранд

Despatch in conformity

Lord

with the views of the do- of the Treasury,

desires me.

andhe

Shansmit

the

Synce alopy of that Despatch to be submitted for information of the Earl

ofleberdeen .

Shavere

11. auf.

708 Hey Kong

transmit to

4:41

Afore

AUG 4

1845

directed

you

Lord Stanley, an

251

Jorige Office, August 20

The Carb

3. 1843.

of Aberdeen

herewith, to be laid

Entract of a despatiti

Hem Sir Henry Pottinger, inclosing

4+7 7

Cotification which he has

which he has issued regarding

and in the Seland of thoughing

Jam, Ji,

You most obedient.

humble servant,

Sr Sectington

James Stephen Eyge

Stay pump for

Hongkong 10 Satered Landrunge Connn!

Forwarded by AUGT Mundoch 5 MBStephen

Phone

Lord Stanley 6

in 8.0. Jany t

252

11 Aug 7/45

Gentlemen

Jandirat

eated

Good

Stanly to traumutition herewith, for your Consideratio andreport they of a Despatch from Sie Kostringen.

Bottu

Earl of Aberdeen reporting

the has

notificatio

which be

ided in respect

Wo the disponal. of Land in Hong Kong.

Hay Mong. 6. Sept: 1843.

Tie & Pottinger Fer

No 14.

Forwarded: SEPT. Mr Mindoor i M&Stephen 4 M: dope Lord Stanley S

253

have had the homon

wusive from the faul gekberdeen ausstract aso much of gourdesh: this Lordship of the 1 Mag

last to 41 as

Wlates to the notification which you

have publike,

in compliance with Tomamuctions of th

Godt calling in all

claines to land in

Hong

Hong, and forbidding!

further building he

until such claims shall

have

and subs to rented have to convey toyon my approval of this notification

Tavene

254

Catiart of

despatch from

Sir Henry

Trong bảng.

Pottinger, W41 May 1. 1849.

"In addition to the subjects referred

to in this despatek, and those on

which I

have

month,

specially reported during the past

attention has been turned to

variety of arrangements connectect with this

Island and it's future good onder and

management, but at all those arrangements

recessarily require much consideration and

time and will likewise more

time,

within

properly

come)

my Cuntry of State for folonies after

correspondence with Her Majesty's

Ratifications of

enchanged,

te the

the heaty shall have been I think it needless to trespas

further on Juntadship at present.

Anvever

however

may

well forward

herewith

Copy

ofa

regarding

land

　　carrying Government

notification which shave published

as a

anch the wither of ther Majesty

first step towards

that score.

GOVERNMENT NOTIFICATION.

In consequence of Instructions recently received from Her Majesty's Government, and until defined Regulations can be framed and promulgated, grounded upon those Instructions,-His Excellency Sir HENRY POTTINGER, Bart., G. C. B., &c., &c., is pleased to Notify, as follows:-

1ST. All Persons holding Land of any denomination on the Island of Hong-Kong, are hereby required to send in the fullest explanations, as well as the proofs they possess, of their Claims to such Land, to the Land Officer, with the least possible delay.

2ND. The Land Officer has been author- ized, and instructed, to prevent the commencement of any further Buildings upon, or clearing away of, Locations, until final arrange- mnents can be made.

3RD. The Land Officer has also been authorized and instructed, to take summary measures, in concert with the Chief Magistrate, to put a stop to all Buildings that may be in progress on Locations of what- ever denomination, where the Explanation, or Proofs submitted, may appear to him to be at variance with his present Instruc- tions; and, also, in cases where the Explanation and Proofs now called for, may be delayed beyond a reasonable time.

4TH. The Land Officer has further been

authorized and instructed, to sum- marily prevent, the progress of all Buildings, on Locations which may, in his opinion, encroach on the present, or any future, Line of Roads or Streets, and to oblige all Persons to confine themselves to the exact dimensions of the Lots which were originally allotted to

them.

5TH. It has been repeatedly intimated that the terms and tenure of hold- ing all Lands on the Island of Hong-Kong, were to depend solely on the pleasure, and commands, of of Her Majesty's Government, and the information called for in this Notification, is required, before such terms and tenure can be announced to the Public.

By order,

Hong-Kong, Government-House,

10th April, 1843.

RICHARD WOOSNAM,

255

1755 Hongkong

RECEIVED

AUG 10 1843

256

M : Addington presents his compliments to M. Hope and encloses Copies of Sir Henry Pollinger's despatcher W. 42. and

43, the originals

which

were transmitto

to the Colonial office in MiAddingtons

3rd

letter of the 5th of August.

Tough Office

August 8. 1843.

fol

257

Noughing 1. Sept. 1842.

Sir St. Pottinger Sir

No. 12.

18431

Forwarded by AUG!

Mundock 31 Ciephen 3

LoadStanley/

7. Sept. 143. Cfg 57.0

The laul of Aberden

hastransmitted home

althy ofgren despatch Whis Lordship ho42 of them 4. May proposing

Establishment in

the

Hong

Kanz of a God! Printing Preps for the publication of Godh Notices and proclamations _ and, if it should be considered advisable, tobe counted with a Newspaper in

which the policy of the local Government might be fairly

and correctly Explained.

Ineed not assure you

that AM God! have

attentively considered your proposition, but

323

upon the whole the

але

they ar

meliined Bbelieve that. it would not be advisable

　　Werläblich a Godt tre fo al Hongkong. The experience which they have had in the other British Colonie, has shown that it is more rcoconical to contact, Even at a high rate, for the Ecention. Spurate. Printers of the printing which is required for he God! then brend out presser from this Countych, aced to fore

an establishment

at the public expense.

Under these circumstance,

Am Godt are of spiccion should call for

that

　　　face Senders from the Reese, frow beating in the European settlements in China, and

should make a contract

258

with the establishment the lowest which magoffer

terms and hold out the

beat prospect of Executing the Godt puiting, in a satisfactory

Männer.

Tavepe

I AM.

259

copy.

h.43

Myhord,

in 755 Sony

Ron

RECER 260

AUG 10

1843

Govern moul House, Hongkong.

May

5.1043.

I take this early opportunity of

submitting to A. Ms. foot copies of Papers connected with the exlablishment. of a Registry office on the saland of Hongkong.

and other Police and Fiscal

arrangements. -

The proceedings of

have

only

the Committie

reached me within this day

or live, and I have not had time to.

give them such consideration as would authorize me (aven had Pleisure before thes Mailgoes) to

offer my views upon them. Ishall

The Earl of Aberdeen K. J.

therefore

therefore mereby, say

that the proximity

thes Island to the mainland of

Why, in

China is the Chief Cause why

Resort

My opinion, a Registry Office will be found undispensable, be the colony will in a short time become the

　　　　of the dregs of the population of this part of China, including Criminals of every class, who will of lock to Hong Kong to live by plunder and to recape punishment.

I shall have the honour

　　　　　　　　Lonour of addressing your lordship further on this subjich when dean make of my Eneid no to what should be done, and in the interion this despatch

will enable W. his foot to honour

me by any

Command that

be considered advisable. -

Shaver

may

(Signed) Henry Pottinger

261

262

49166

Gentlemen,

Jovernment House

Hong Kong, April 15.1865.

our observation and the evercurrent

opinions of all Individuals with whom I have consulted on the

me that it is

Establish a

•highly

the subject satisfy

advisable to

Registry office, and to

allow us person to reside on thei bland who shall not be registered such office..

ей

quith

This arrangement may at first sight appear to be likely to be allended with great trouble but it is obviously. necesary

to ensure the well being of the - Island, and also what is even of itself a sufficient motive for undertaking it

чаи.

A. R. Scherston Esse Deputy Superintendent Majn Williams Caine, Chief Magistrate Lieut. William Peddar, Rh. Marine Magistrate

серд

Frous Sir Harry Pottinger

W.43.

3 Enclosures

Houghong, May 5.1863

yat

263

au.

　　　important political measure, epringing out of the peculiar and unprecedented relations which now subsist between the British and Chinese Jouts

　　　As a first step, towards carrying it into Effect, I request you will be pleased to form yourselves into a Committee to consider and frame, for my consideration and eventual.

Subansion

way

tott. his foot.

fout such ruler xeem to you to be expedient, accompanied by a statement of the Exfence and Extablishments, presents

and future, which the arrangement will require.

three

It occurs to me that your selves should be always "ex officio" members of the "Registry Committee,"

and

and that there should be perhaps

Memeber whose

at least one

stipendiary

sole duty should be to make heirself acquainted with all persons residing

on, or

conving

to the oxland, and

under whose unmediate puidance the

Whole

tem would be placed.

Lyster

The points to which I would

recommend your turning your attention in forming

1t to establish a

the rules are

Registry Office,

2" to allow no one to reside on

the

deland unlef he is registered in the office. 3rd the period which any person may

remani on the delacid (temporarily), without requiring registered?

requiring that he should be

are

4th. What clap (if any) of persons

to be altogether excluded from acting

264

on the land, or, in other words, disqualified to be registered?

5th What Fee. (if any) should be required. frove rach person for

his

Acgiatry

　　6th the proper form for a Registry which ought perhaps to be printed in English. and Chinese, and numbered consecutively!

　　# So the Registry to retered to Boatien? 8th Would it be possible and desirable to furnish all persons repatered with a badge ? Gth Punishment to be

suggested for

hose

who return to the Island without leave

10th owners of Houses,

го

or repotry. It and 48th offence?

Houses, and Partners withops to be auswerable for all people coming to reside, on their being immediatety registered?_

1) Punishment to be laid down for

the preceding rule it pudy

breach

گیاهی

offence. -

"In the course of jour requiries

on the immediate subject of this letter, opportunities will doubtles offer for minutely informing yourselves upon other watters on which Ishould be glad to be favoured with your opinions and suggestions, and I therefore take this occasion to briefly excimerate there. 1. Would it be desirable to lay down fares for all bouts plying 2. How is Cooly Hire (after Angistry ) to be regulated?

3. Ought all shops to be licensed, both as a measure of Police, and a source of Revenue?

bught Coolies and Boatmen and other of similar classes to wear badges? 5. Might it not be desirable to introduce

the Indian (Joverat. ) practice of hello

and

and official beast plates?

b. would it be popecble to provide by some "Regulation for lighting the tagaars and

treets to a certain hour

or throughout it?.

ought

How

the night,

the fovernment market

Nacer to be managed?

8. Phould not all weights and measures be stamped and all others forbidden under severe penalties. ?

9. What shops and other Establishment- (brothels, Joubling houses) should be forced to find decevrity

to taking out licenses?

ty in addition

10. Will it not be requisite to increase the Police, and the Police Stations, both in

the Town and Country:

11. Should not all mat Houses and

Cadjan

and Straw buto be destroyed

and

265

and recurved. At least to beyour a certain line, which would entirely separate their from the rest of the Town ?

Ishould wish to receive your sentiments on these latter points distinct from four report "Registry office",

on the

рогидни

"and a

code of regulations to include the whole, might be hereafter prepared and printed, both in riglish and Chinese, for general information and guidance.

Малек

(Signed) Ay. Pottinger

تر

W.43. 1843.

In Sir Mary Pottingers

Copy

сору

266

Proceedings of a Committee directed to afccble by order of #. 2. Sir Hevery Pottenger, Part, Gr. C. D. &c, ve, dr, Wer Britannic Majiety's Plecripotentiary in thing

The Committer is constituted as follows. A. R. Johnston Expl., Deperty Papermitentur,

Mayn M. Caine, Chief Magistrate, dunt? W. Pedder, Marine Magistrate.

The Committee having

One P. M.

met this day,

· at the Marine Magistrale:ffice the Instructions of His Excellency aurem and appended to these Proceedings.

The Committee coumence

by stating

their opinions with regard to a Register Office as follows.

267

Registry office to be under a board of 14 Paint

Rapistrates, having

an establishment as follows for the present, and a little experince will shew what may be required for the future.

hame of office

The or weare

Duties of Office

　　　　　　　To conduct the details of the Registry Superintendent office", and to perforce this duty

Ripendiory properly, one at the leash of these Members Superintendents or Slipendiary

Teubers should be acquainted with

the Chinese Language.

the European to register and to file up tickets

Clerk

for all proper applicauli and to assist in the general duties of the

ve: for

One Chinese office.

Clerk.

Similar dubies to the above where

Chinese writing ora is required.

the European the execution of the Constabulary

Chief Constable Duties

4 European Cowb

2 Chaise Mop? To opist the above.

to be sworn

Constables

Pay per

Mouth in. Dollars

1200.

50.

25.

onstabular 25

Total

48 in all

16. call

per

364 month

Contingenceèr $pumo:

pay

As an inducement to learn Chinese hight be increased in proportion to progress made in this language.

• Two dollars more than usual is recommended in consciberation of such persons being able to speak a little riglish.

The

Registry office should be in a central situation, and the Whole paid Establisheum should exide in the same building or its

outhouses.

The Boardshould meet once a week, and

receive from the Superintendent Rifentiary members. all applications for Registry, and recommentations for eligible

Eligible persons for Regisber.

or now

The Board

are to decide and submit

their decision for the fovernor's approad.

2" 24.5" Points. No person to be allowed to reside on

he is

the

kland-wales

registered; and a

a gecanters releven is to be furnished, by the proper persons

268

persons, of all swiths, deaths and

Marriaglo.

p! Exception... Such perso

persons as are

here for the recovery of

for on a

their health,

visit to their friends; and in these cases only after having perified, within twenty four hours of arrival at the "Registry office", the probable time

their stay, should this time exceed 3 months, special permifion must be obtained from the fovernor, but in all cases the persons with whom they reside to five security and be exponsible for their conduct..

2h? Exception. Soups of cookies who come to the delaced for reployment when they cannot get it on the main,

под

and who leave the island again harvest time overseers wishing to employ, such men are to produce there at the Registry Office, obtain tickets for thear and Enter into security for their good conduct and for the return of

the tickets on their leaving the Seland. All persons leaving the delaced to return their tickets to the Registry Office.

Registry office to be open from 100h. рошлост

until 4 P. Me.

Point 4 Persons without a known means of

Point 5.

their livelihood or of gaining confirmed disreputable character are be disqualified to be registered.

A fee of one Dollar annually should be required from each person for his

Registry

it's

269

Point 7 + (Answered in full by the Marine Magicbate).

Poin C

duslead of a badge, a paper ticket to be given to all persons whoare registered, which a chech book kept in

Print 9.

Porib 10

should be cut out

the

of a

Registry office consisting of blank forms. Persons returning to the Island without

leave

of Registry should be peenished with 1.2.44 months imprisonment according to whether it be the 144 2nd a 3! offence.

1th

All persons wishing to be registered to produce two competent securities.

Point Remarks under Point q. vivolve.

7. Boats to be licensed, registered, and numbered (un divisions ) in English and Chinese. To have papes given containing

description of boat, have

of master and owner, Length, breadth, hoof Maste It offers and arms, capacity, hoof

hṛ

Crew (Male and Female).

Remarks

Registry. Children not to come on

the

Registry holl until they attain

the age of 12 years.

h Force for a Registry Roll as follows. Point b.

Registry Roll

tauts

the Inhabitan

Dale of arrival at the Description Sex Age. Right Remarks of Hong Kong

hhame Occupation Coventry at Hong Kong Neprobing

270

Remarks

ho ballasts to be thrown overboard

and so forth..

The number.

the boat to be painted. English figures,

un Chinese and in Black

six niches long.

ou a

white ground upon rach bow, quarter and sails. An anual fce to be paid for liccuse, according to the following seale.

boats.

Cargo Large Fast boats

Small D. Do.

висирано

$2.

1. Make.

and the masters and owners shall

　　also subscribe (at the time of obtaining such license) to a declaration in writing that he fully understands the provisions of this measure.

owners of

boats to be auswerable for their crews. Security to begiven for this purpose. Badges with the

member

the boat thereon to

be worn

by the masters or owners

provided it does not interfere with thir prefidices.-

Harbour Master

or his

apistant to

survey and measure boats.

Licenses to be granted and to be registered in the Registry office

Boats (un divisions) to be meestered once a mouth by the Harbour haster. Divisional numbers to be hoisted on the Flage staff at the Harbour. Master's Office, twenty four hours previous to inspection.

Rates of Hiring. per diem

Boats (7 Tous) of 2.

Cayo

D. Do exceeding (7) Tous)

(11⁄2 mace

Fast boats (large) with two marts ) = a

and a crew composed of 5 Adults per howe

Smaller

he.

　Sevaller boats (with Masts) and.

three adults

and a crew

one or

two

75,00

s of notxalding (1. Mace athing, hace

Sampon (the trip).....

double fare after 108. M.

Ker hour

1. Mare

Entrances to the several landing places

to be kept clear..

Empty Cargo boats to have a separate

to them..

place apigned to

Trading dunks from the Provinces tobe located by themselves, regard being had to the convenience of traffic

Boats not allowed to anchor within

200 Covids

the

Phore at low water.

buoys laid down to

Moorings define the limits.

Auchorage Fees

Port clearance. -

Masters of hips to produce papers

(a list of papungers and Crew Jon arrival, la

and

271

and the ships papers are to be delivered to the proper offreins hereafter to be appointed. fund to be unshotted before coming into

Port.

A regulation

is much needed regarding

fun powder.

Sameshoo boats caught

in the act.

selling clandestinely to be confiscated.

Guard Boats.

Two boots well armed with 4 (or more) vars each, painted white, to watch from sunrise to sunset, that part of the coast situate between kreps Weathe sous go downs

on the East, and the 55th Barracks on

The west. -

A.R.

Pilotage (if any) to be paid according to the Draught of Water.

(ligned) A. R. Johnston

Deputy Supercutivé n' M. Caine, Major, Chief Magistrate M. Petter, L. R.h.

Marive Magistrate

Jr. 463. 1843,

In Hi Henry Pottinger's

272

copy

2nd

As regards the second part of this reellency;

Communication the Committee is of opinion

asfollows.

yes : this point has been rutered into by the Marine Magistrate.

by a Magistrate, and through the proposed

Teridals

or overseerv

Almanac 1843)

3rd bs

а шелфиче

(refer to page 395 Bayel

of Police, certainly

4th 5th - Jes, but it is advisable to consult the

pregidices of the people, the Badges or belts

and plates only for

head men.

of Coolies

and masters of boats.

fth this, as a

Municipal measure might be

Easily attained, and is most desirable (read "drains and clearings," Rage 147 Bengal Almanac 1843)

7th. To be formed every six months.

8th most apsoredly.

273

Kothels, Sambhing Houses, Samshoo shops, Eating Houses, Opicine Shops, Pawa brokers, thops, "Caverns, Hotels, Billiard rooms, Livery Mables, Wine and fint godowns, Commission Rooms, and Auction Roomes.

hoe,

Yes, the Chinese police

are of very little 0 & Overy (0 at present they cannot he

though

dispensed with The Police duties of this

sxland will need ar

efficient disciplined body of 200 men. Malays are probably the best description of men to procure. The Colony needs an increase of Police Station

one at "Lookhum poo?

one at the "hap" __

one at

at Jaypan"

or near to it. One near

the north rust Quarries and another

at "Theh. pai-wan.

All mat houses should be removed & 11th some great distance frour the Town and Bagaar, Cookies only allowed to live in That Houses in gangs of 200 be beloeeter-

in different positions. As

mat houses are

aracy of the

шалу

occupied owning

small shops, it is recommended

their

that ground be marked out for permanent dwellings; one mouth

after they have been

afforded the

opportunity of building, their mat houses to be destroyed.

(signed) A. A. Johnston

Deputy Paperintendens W. Caine

Chief Magistrate

William Pedder R.K.

Marine Magistrate.

Copy

h:42

copy

19 Aug

My Lord,

in 755 Hongkong 294

RECEIVED

AUG 10 1843

Government House, Hongkong.

May

4. 1843.

I have the honour to bring to your

desirable that a

Shep,

Lordships notice my opinion that it is highly Rinting or Lithopaphic Press, or an extablishment combining both, should under the guidance.

be Established in this

Colony

and auspices of fort, at as early a period

& possible.

вие

may

the unclosures to

any dispatch (as Chief Ixperintendent) 2.0, of the 20th of 1862, will have shewn your sadship that I had made angreement with the Proprietors of the newspaper called the " Friend of China and Hong Kong fagette". to print all fover ument Circulars, hotifications, Advertisements, and Proclamation in that Paper and to furnich les Copies of rack Ifene, for Official transmission EsEngland and audio,

and Ludia, un consideration

The Earl of Aberdeen K. 7.

ас

جی

2.43. 1843.

In his #7. Pottingers

of receiving Fifty dollars per mensem (about £150 Herling per annum) : but

there

are

mary

obvious or

objections to this Even as regards the livited on which I have hitherto had

system,

Icab

occasion to avail.

　　　　　　　　myself of it, and how that the period approaches When the foot of Hong Kong will be obliged to frame and promulgate ordinancer and Regulations, and to Carry

on and record its proceeding and act in a more detailed and formal manner than it has hitherto been wither

necesary or fefsible to do, the means of Printing popessed by the above haved Paper would be (and will be for the present) totally inadequate to that duty to say nothing of what will be required from the Chief Superintendent's department, connected with the Consulates, Trade, Fr. f.

275

I therefore beg to recommend that & his fout should at once send out the recepary Pusses, and

on the same

Personst. conduct them; and, on their arrival, I would propose to establish a foot fagette principle that obtacces at the different Presidences indadia

as the Channel

of all official communication, that it shall seen expedient to have

known

made generally

It will be a question for consideratio

Commands.

the

and beg respectfully to solicit the

4. his foot on subjich, whether the Conductor the "Government fagette", should be allowed to edit a newspaper, provided he finds that he and his establishment

have leasure to devote to such a

source of private profit.

180 гор

muselfs.

Mijself perceive

uales it way

May

any objection

tit

be deemed one, that it

　　　　tend to involve the Conductor in acrimonious disputes and discupions with the Editors

but,

the

other newspapers publicted in China; on the other hand, it is impossible hot to feel that it might have advantages by being the means of Sundeceiving the Public off England

aus Ludia

are cou

он

the

many topies that

constantly distorted and fashioned

by the local Prefs to suit the

　　Unterrable and shortsighted views interested Persons.

I have ve

(Signed) Henry Pottinger

1of

762 Hongkong

0.0 AUG 10 1845

Sir.

directed by

Lefre

uefuting

276

& you

Foreign Office, August 8.54

The Earl of Aberdeen

herewith to be laid

Yard Slanky, behart and Copy of

bathes from bin kung Pottinge

Commisarial and other Buildings

Survey of

son, and

Mhern side

Jam, Sie,

-side of Hongking.

Your most obedient, kunnble Servant,

Marbishingfor

the

copy of

Lee desp

Gtr Rose Ele

ん

AnyRory Galerad Gutered

The Land Veinige Comm&

1. Mudah 14 M&Stophon

LoatSorley 15

in 8.6. Jangt

Copy

17 Augst 17hut

Gentlemen

Lave directed by

277

docostanley to transmit herewith; for journ consideration and report

the Copy of a

Despatch

Sir N. Pollingen

Wo the Parly Aberdeen

reporting the steps he had

for

takuo

rencing

a senary of the Filand of Hougtong

There

Entered Hongtay Kavelyanky fir

3. Murdoch 8

Inclosing form a caressed

communications.

I him to MG. Lord Saltown.

Coletter Mary:/43.

31. August 1892.

278

September 1/43

dordlinuly Wtransmit Won here with, for the

condiduration of

the Lord

Beast as to the Reamy, addused stie Abinge- W the Cachopaberdee the first pating hau thought addition to the Commisprin Buildings at thing.

that

ам

the second making allanglinents for com. mencing

an immediate

denvey of Stoughtong. With reference to the latter suzest Ialso enclose the City ofa Report from the Land &hrige Comm these doct. kelazing before the Lords femme of the Reaming

Ince to request

279

you to state to them that dord Stanly understands that it was the intention

Dr. that all

　　form God. arrangement's made A. Pottinger for the God! of Hory Hons and troplanes held Gotme Forces on the coart offhina

offhina should be

considered as provisional until his scheme of the

permanent arrangements

adopted

to be ad

should have

been received and considered :

and that in the meantime

the outlay actually incored ghene Mhould be approved Under there circumstances Roco Starely

recommends

thi

for the approval of the Lords of the Freaming mareeding uportet in die NP Münzers Derfu

N. 5o.

thavere

Sor Dewry Pottinger

2o. 15.

frontab SER Mundoch 2g 429 Stephen 36

ME Blore Teal Stanley/

4 165

6.008

The Part of Aberdeen has hansmitted Ince to much of your deskatch This Fordsher, N030, of 12 April last, as relates & the erection of additional tommassariat-accommodation at Chusan the permission of Bichert Northants Brück. Warehouses on that & the

neighbouring. Hands & the organization Reporte for the Survey. If the hottern face of the Ithund

Kabing

مد

communicated.

with the Lords Comcents of

the Treasury on the subject

of the expence which will be meurred in

carrying out the first &

last of these objects. have now the honor Sunf you that #MBoot see no reason &objat & the course which has been

adopted by you.

　　　With regard to the former, it would indeed have been more satisquctory $4 Mhort, of they had been furushed with a place & estimate of the additional Commissariat buildings, before they were requested, Agive their sauction b beive. Stein; but they rele your discretion not to

allow

алу

ви

expenditure -

that is not absolutely

Required for the public service. In respect othe

second. I have only,

I have oily Sobreme

that, as an expensene.

Extabletamen: converting

280

of four Officers besides subor = dinate persons, has been formed for the purpose of Surveying

the island

of Hong long. Alfort that this work will be... completed without unne= restary delay, 4you will, of

course, discontume, the em= ployment of the additional officers, as soon as the

progress of the surely. Shatt enable you

to, & will

& do to,

report all your proceedings upon the subject.

On the subject. If the desposal of the Landsetter it thall have been suraged, It is innecessary that I thould add anything to the instructions which

you

have already received from the Part of Aberdeen. but d'enclose, here with for your assistance, i the conduct Tythe Survey, the Copy of exexort

　　Surveying. Which has been drawn up by baptain Dawson 1.r.&. Drented by order of. AMGoot This

Report, as you

will orsone,

was digluelly prepared with reference Stew Zealand. but it is also applicable to all the Louies, & experially "trose, Where, as in

Long Kong, a general swan. is undertaken for the first hime.

Janisc

281

5. It does not appear couie bent die 188. Funds these papers come for the pulpon of oblece any series Function oflies provedens nor do I think that we bewe datarifft tocubbie us to give an opeccion

spare theme

What it later to this

merly & disposal of land oregel

Ithich to be mut to his Lemberik

and Anslisten

for tune informecetem

1962 Bony Romp 282

"Extract

2:30

AUG TO'

1843

Sir Henry Pottinger to the Carlof Aberden. Hongkong, April 12. 1843.

"With the view of keeping

fully acquainted with all

A. Mi

шу

measures,

I have the honour to forward to your

Lordship Copies of the following

1. Copy of

letters:

letter, Wo. 140, datect the 3!!

- dustant, to major fueral Lordtallona, authorizing

an addition to Commissariat

Building at Chusan the expence of Whrin

addition will be saved in two month;

hire

of a Fransport.

4. Copy of a letter, W. 148, dated the 6th Part 6 Major General Lordfaltown, on the subject of Brilish Merahant's being

warehouses

klands.

allowes to build

on Chusan and the neighbouring

Copy of a letter, W. 19. daled the 6th Vastand

to Majni feveral Lord Sallown, applying for the services of an Officer and some men, to servey the northern face of the Island of Phong tặng

I do not think it nee

necesary to forward

несерам

to four Lordship the different original

letters with their Luclosures to which the

above

are

as the purport

chiefly replies,

sufficiently explained in

of them are

those replies "_

Copy 20140

My Lord,

283

Governannt Hova, Hongkong,

April 3rd 1849.

entire

arriaal

In acknowledging the weipt of your Lordship's letter of the 28th of February (March) which I found awaiting me on here from macas on the ". Justaut, I have the honour to experes my, Concurrence in your Lordship's suggestion and to request, that you will besogood as to instruct major several hi daces 4. Schoedde to have the necessary additions made to the Commissariat Buildings

at Chusan

Major

oi feneral

thave ve.

кс

(syned) Henry Pottinger

The Lord Paltown K. C.D. & G. l.H.

dus

Copy

2148

284

My Lord,

Government House, Hongkong

April 6. 1843.

In acknowledging the receipt of Your Lordships letter, No. 247. of yesterday's date, I have the honour today, that bee to objection whatever to British Merchants building temporary warehouses at such locations, on the large

daland, (of Chuson)

may

Major feueralter I. 4. Schoedde theuch fit to allot for that purpose, but

they should not be allowed, on

to build

or Fettle

on any

any pretence,

other of the

adjacent slands, and they must further be made to distinctly understand that they will be obliged to leave Chursan, without reference to or clacin for any outlay they may

have crncurred there, the very Moment

Major General

Lord Paltown.

moment the Provisions of the Treaty, under

copy.

2. 149

which Her Majesty's

Forces

occupy

Chuson, are

carried into affect.

To prevent all future disputes or

discussions

on this point your Lowothip

will perhaps

thinking that it will be desciable for krajor General Sir J. H. Schoedde to require a written agreement to the above effect from all persons to whom he

may grant percussion to build

concur with me in

Shave &

(Rigard) Newry Pottinger

My Lord,

285

Government House, Hong Kong

April 6th 1843.-

H. his. fout have cinstructed one, amongst other matter, to have the Irland of Hongkong carefully surveyed and examined, not only with a view to clearly defining its general capabilities for future Colonization, but also with the object of ascertaining the best sites for Fortifications and Barracks, which aret berrected wherever necepary for its defence and security, and likewise for the purpose of having

regular plaus laid down for the present any future. Towns, as to streets, Squares & n...

хочие

ands

It is obvious that the above will

be a work of some time, and will Meni several

Lord Saltown K. l. D & ft. W

require

require establishments and apistacets

which

Наш

are not at this moment procuralle. auxious, however, to have the

very horthern face of the Colony, from

"Wash

Point" to the location to the Eastward

assoon as

be laid

so as tornable me

belonging to M. Bern, surveyed posible, that the streets and squares and the sites for Public Buildings may town and fixed upon to grant loved to the numerous applicants who have been long waiting to obtain lots.-

Under these circumstatius Shave the

honour to request V. Lordship to be

as to place at

ходоод

at my disposal Captainclement Edwards, and to allow him to select two

or more steady privates prom one of H.Mis. Regiments to be

Overseers.

aceployed

ко

As Captain Edwardi's time

will be erlely occupied by the harvey, I propose to pay hein his salary from the

Civil

286

civil department, which will enable Your Lordship to nominate another

Officer to apt as Asistant Quarter Master pro tempore

Shave &

(Signed) Newry Pottinger

My Lord,

in 762 Hong Kong

18-0

237

Government House, Hory hong

May 5.

8.1943.

4:30

Enclosure 2.5 of cry despated h:50 of the 12th ultimo, will have shewn your Lordship that I was about to make. arrangements for having a Survey of the horthern Face of this Ikland made

1. for

I have now the honour to submit. the information of A. his foot Copies of

Four letters connected with the same

subject: vizh

Copy of a letter, dated the 15th of April to Captain Element Edwards of H.Ms. P. R. J. Regiments, appointing him to conduct th hang - Copy of a letter, dated the as of April to Major general lord Paltoun, applying for

The of Aberdeen K. J.

مجھ

4.30. 1843.

bu bir Henry Pottingers

Coffey

Copy

1.44

hi!

h:2

My Lord,

in 762 Hongkong

ANG 40

1850

287

Government House, Hong Kong

Mays

inclosure No.5

6.1943.

of my despated 1:30 of the 12th ultimo, will have shewn your Lordship that I was about to make.

arrangements for having a survey of the horthern Face of this &kland made.

I have now the honour to submit. for the information of H. hi's foot Copies of Four letters connected with the same subject: vigt

Copy of a letter, dates the 18th,

of April to Captain Element Edwarks of #Mas. Not. R.I. Regiment, appointing him to conduct the Copy of a letter, dated the 28th of April to Major General dord Paltour, applying for

The Earl of Aberdeenk. J.

ten

the

مجھے

Extract

hr. Henry Pottenger

4.30. 1843.

Her Pir Henry Pottingeri

288

the services of déplain de Havelland of 1. Ms. 55th Regiment, and fient + Parquit of. 4. Mis. R. I. 18th Regiment to assist in

the harvey.

　　Copy of a letter, dated the 27th of April, 5 to Captari Clements Edwards sanationing home alterations (suggested by him) in the Establishevents allowed for the Survey in hit. Copy of a letter, dated the 27th of April to Lord Saltown applying for the services of Eusijn dese Lloyd to assist Captain Edwards.

fround has been allotted for Cantonment, on both this and the other

dide

　　　　of the Island, and I am in communication with Lordballova asto the footing

　　　　　　on which quarters for officers are to be built and occupied. I have also invited tie Admiral Sir William Parker.

　　to fix on the geractity of ground with sea face which he will require for the haval Establishments, in order that it

May

Mag

be set apart. -

There allotments will be included in

the

Purvey,

but

the

arrangements

are

not yet complete, and as the corresponden relating to their is wereparily filled with "eferences to local points, it would be uscles to trouble your Lordship with it at present.

Shave &

(Signed)

Newry Pottinger

289

Copy

My Lord,

Government House

Hong Kong, April 27. 1849.

I have the honour to request that Your Lordship will be so good

as to allow

Ensign Jesse Lloyd of #his 85th Regiment to be employed

as aw

assistant to Captain

Clement Edwards in the Survey of

northern side of this deland..

may

the

Should your Lordship be able torfare Ensign Lloyd from his Military Duties, I further have to beg that he directed to place himself under Captain Edward's orders from the 14 Proxime._

Shave no

Kajoi fiveral

(aigned) Mury Pottinger

The Lord Paltown K. C.Dr.K.C. A

hour

сору

This Hewry Pottinger

4044

Hongkong

4 Luclosures

May 5.1843

Copy

290

Sovernment House. Hong Kong

April 15.1849.

Save directed by hi Berry Pottinger to

inform you that he has, with the sanation.

Lord Paltown, Commanding

of major general H. Ms. Land Forces in China, been pleased to appoint you to survey

the horthern face.

of the deland of Hong Kong from the Point called "West Point "to the Eastern Location

to M. Burn near the entrance

belonging of the Lymoon Package

For this duty you will accive from the Cirl department a personal salary of diy hundred and fifty Rufees (660) her mouth, and an allowance for office Establishment of one hundred Rupees (100)per

/per mensen:

مه

You will be allowed to select one Officer your apistant on a valary of one hundred and Fifty Rupees (150)

Captani Cement Edwards

ва

peri

291

per month, including thirty for Horse

allowance, and when

hame.

ли

ハ

you report his

application will be made

Major General Lord Saltown for his

Services.

Lord Saltown has been so good

good as to place

two Privates

M. Mis. Service as

European

Overseers under.

you,

and six Chinese Overseers will also be allowed.

The Europeaus will be allowed twenty. five Rufees rack for mouth Civil Pay

　　and the Chinese bverseers thirty tuples. rach..

The whole of these Allowances will be drawn monthly by a Receipt in Rundruplicate to besigned by you, and accompanied by an acquittance holl the different persons which is

　　　　　Voucher for the charge on its bung brought to a cconal in

required as

as a

the disbursements of the fort of this Island..

command

All the surveying instruments now disposa

sable will be placed at your and should others be required they will be applied for to the Sexfreeve Government of

your furnishing a list of them. A House will be allowed for the use of the

the rest of which is ; in survey consideration of

India

the great demand for

Houses fixed at $60 per mouth, and the Hire will be paid

on the receipts of

owner countersigned by you, being

presuited at this office. I

I Love &

the

(Signed) Reihard Woorname

292

copy

In bir Henry Pottinger's

N. 44. 1843.

2.44.1845.

In hi Wy. Pottinger's

copy

293

My Lord,

Government House Hougtong

April 23. 1848.

In continuation of the se

my letter Wo. 149 of

the subjich of

the 6th Justaut, I have

the honour to state to four Lordship that I

consider it most desirable to have the

Survey of this Sclaved completed with as

little

"delay as possible, and as I have understood that Captain de havelland

4. Mis. 55th Regiment and sient?

Payink of 4. Ms. 18th Foot are both well qualified to take a part in such duty, and have

latterly been so

remployed at Chersan it has occurred to me that perhaps both

Cor

Even one

one ) of those officers could

be under Your Lordships sanction rendered available

tong Kong

ни

Mapi General

for the

survey of temporary footing

the same

(noto any appointments they may has filly

The Lord Paltounk.C.BYK.C.H

that

شة

∞

294

return

that has been made for Captain Edwards.

The wiemediate departure and speedy

4. Mis Steamer "Vixen" will Enable your Lordship to refer the matter, as well as the officers (if available) to come down in her, and I shall be

thankful for your arranging accordingly.

Shave &

(ligned) Henry Pottinger

Copy

Ser

Government House, Hongkong

April 27. 1843.

I am directed by.

Per

Henry Pottinger to

acknowledge the receipt of your

letters

"Sustaut in the

th and 20th Sastaut

ry th

dated the latter of which you propose certain alteration. in the establishment allotted for the Survey of the houthern side of theitsland by my

letter

the 13th Justaut.

ཆ

An application will be made to hejor General Lord Saltona for Ensign desse Lloyd

to be allowed to place huinself

A pistant

t in the.

the Survey

from the 1th Proxeno! _

asan

unter your orders

letter

how uender reply, to be

· very

desirable

bo it appears from your

to secure the services of Private Mahon,

you are at liberty to compley

kim in

addition to the two Europeaues but to

Captain Clement Edwards

the

H. Ms. R. J. 18th Reg!

the Survey by LordSaltown, and the abstrost will therefore stand as follows.

Rivate Kahon

2 Privates a 25R rach... 50 1 Chinese overseer.

8 Coolies D 12 N. Roch...96.

You

Office

Allowance

213

100

Aupees 313

will observe, that the number.

дрочи

6to

　　of Cookies has been increased, I and as the office allowance is intended and considered ample to cover all incidental Expences, with the

Exception of

the kine

of a

House, it is

Pui

Hery Pottinger to

not possible for

authorize any

nort of Contingent

charges unless they shall be previously luburitted for danction and shown to be absolutely necessary. The fixed

следеше

Expence of the harvey is about to be sabwiller (by the first opportunity for the approval of t. his foot, and hust not therefore be exceeded..

Shave &

(syned) Richard Wrosnani

295

296

сори

In her #7. Pottingers

4.4. 1843.

h.44. 1848.

Lu Sir 44. Pottinger's

820 China

RECEIVED

AUG 29 1843

297

Meigs

Breign Office, August 28. 1863.

Sir.

I am directed by

to transmit t

you

Aberdeen

the Earb

herewith

the

Lorettandley, a Copy of

informatio of Lord Stanley,

letter which Lord Aberdeen has addeford

I the first Lord of the Admically, and a

Copy of a despated which Wishoudship has

The

to di

adchefe to thin degree of Kenny Pottingen operations of the Majesty

henry battings, relation to

contrent the exericked.

Chica.

Senget. Hope Euge

ши

fir

the movements and

I am, Li,

haval Forces in

your, most obedient. humble servant,

Copy

298

бодит ораз

is met frie

one "cufor

Fully?

Ang se Pulby

ад

α.

My lord,

828 China

Foreign

AUGO

Angart

24. 1843

Thane had under

299

Consideration J. Lps Observations

those of

despg.

Ginge (ockburn

the amount and

distribution of

the haval Force

to be maintained in the China

seas, which have been called

forth by

the late accounts

received from that Quarter.

Emust state to

L: in

the fist place, that some

misapprehension affear to me

The Earl of Waddington

300

to prevail as to the extent to

which it was intended.

Thi

Sout

by 4.

that die Kenny Pottinger

should Controul the hourments

opreation of that loncé Certainly

it was not Contemplated that the management of the detail,

　　　the Raval Service in China of should be superadded to the

kany

other wrighty matters with which his H. Pöttinger is called wpon to deal, but in the same hanner as the Secretary of State intimate, to the Bt of Admiralty the teens of t. Mis Gout as to

Views

the amount of haval Force

which

which should be maintained,

or the Operations

be undertaken in

which thould

particular

any

Quarter, leaving it & the Be

the

of Admiralty to decide upon Arrangements & the details think the Execution of those

o there Views mays

involue, do it was the intention

of H. Mis Gort. that dis Wrang Pottinger thould have authority

Olile.

M. His haval Forces in the

China seas to that Extent, altho

the cerangements which might be necessary for giving effect to

his wishes, as well as all other

details Connected with the maintenance

of the efficiency of the have dranice bould rest exclusively with the

regalated under that

Adminal the regulated Offices responsibility

Very

possible that the

Misappachiusion to which I

allude

may

in part be traced

sesti. K. Pottinger & Die boer Parker on the both of hauch for information

4 anto the distabution of H. Ks

to the application made

haval Forces in China & the

Orders under which they

acting

wese

　　　　and also to the fact of his having interfered to farment

the departure of H. Mi S. Agincourt"

to the houthward._

It appears however not unnatural that Sir 4. Pollinger which the responsibility

farking

rested upon him of mamtaining

301

good intercourse with the Chinese Gort should desire to be made arguainted with the points abone advested to on

which do much

Connected with the peculiar attributes of

his

ohn

position

Recepasily

depended,

& it was

по

less natural that Sir H.

Pottings

should demur to the

intended tourment of so lange

Ship as the "Agincount to the

routhward with the knowledge which

302

the densi=

　　which he hopeped of :- tiveness of the Chinese Authorities, & the opinion which be entertained of

heature.

the hochable effects of such a Indeed, allowing full latitude t the advice for the arcangement of

　　　　　　　　　　　H. Me the details of his Squadion, Gout would not consider it consistent

case that

with that view of the

the Adminal should move in force

any part of the Coast of Chima without the concessence of the Pliapo.

tating,

should undertake

anys

　such operation for instance, as Captain Hesse of M. Mr S. "Thalia"

but under an ravon

with great real in judgment authorized

in the

heighbourhood

how

the

Mightondlord of Chaser withat faciendly recutariing for such an fpiraation hould be Viewed byt Plenipotentiary & gending himself accordingly.-

J. of: will obscene that

the interfearnce of Air & Pottinger

only applies to that part of 4. dai haval Forces actually

China, & do

the Coast

long as they limain

the Coast, but it certainly is

not intended that his M. Pottinger

prevent the

Adminal from detaching to other Parts & his Itation such ships

should

interfere

Parts &

hay

as he

drear advisable, beasing

which

in mind the responsibility desolves upon him of providing officiently for the performance for

the Court of

those dranices on

China which the Plenipotentiary may

regine

him to execute. -

this brings

me to the remaining Consideration of the amount of haval

force which shall be maintained in China, & to the opinion which the Bt of Adinically Entertain: that the requisitions of his Merry Pottinger of himally Inphicd with, night lead either to the reglect

other important points of the East India Station to the

hecessity of reinforcing the Aguada

Squadron

303

It appears.

Bouck

in those Leas. to be the opinion of the

of Admiralty

that with these

alternatives might be avoided.

by dealing

with the

requisition

dis H. Pottinger, in this it rather than in letter. _ Sir Henry

Pottinger has stated that in his Spinion

This fhear should be permantally assigned

each of the fine Posts pin t British hade; the BR or Admiralty conceive that the Object

int which disk. Pottinger

has in View, namely the protection of British Commerce, the Control over British Seamen, at the

Commencement

304

Commencement of the new Exa in

more limited

China, might as efficiently provided for by a degree of duperintendence

the

hart of M. thi Kaval Loncer, and

they

Conceive that a Glacial

mation on

int=

the haut fair beny

Pottinger to the Admiralty of his

Views as to the extent to which

such protection & Controul would

would insure the

ве

.necessary objects which bis H. Pottinger "might have in View while at the same time it would leave

the Admical pee to make his Ohn arrangements for giving ffect to Sir H. Pottingers Wishes and

would

of his doing do by

would admit of appropriating

to the service a

Fonce than would

less amount of otherwise be reguised.

In the ignorance

under which

I receptarily labor of the details hawal matters. I readily defer

ہو

to the opinion of the Admically

on matters to

peculiarly within their Province; & I will only obscene that dir K. Pottinger has

formed a right estante of the 4. Mis gort..

wisher

that the

Subjects

legal Commerce of M. this duljento their Lives & Parpentier should

be protected in China; that wil dispored baljents of to the shall

be offectually restrained from notous & disorderly Conduct in the Ports of China pen to British Trade; and that every

exertion

should be made which can

　peoperly be made to promote a Condial Intercourse with the People & Authorities of China, & the maintenan of relations with that Expire

the most amicable

　　　　　forting. - Shapore to transmit a lify of this letter to his 4. Pottinger for his infromation & Guidance

: Sort have deen with the

most entire approval & Satisfaction

the zealous which bis M. Pottinger

& Cordial manner in

the

Romical

Admical have Cooperated

with

305

of the best interesto

each other for the promotion of M. Mi desnice in that armote

〃

Quarter; & they would be con:

they

こ

that to trust to the mutual gove

feeling of those distinguished frien for the Continuance of that harmony which has hither's characterized their intercourse with each other

But ar

an additional, though

doublley, duprofluous, Leeunity his foot thought it might that their relation to each other in

matters in which

they

are mutually

Called upon to take part should

be distinctly &

& Authoritatively Explained

to them, & it is for that pachose

that

that Shave entered so much at

length into the haljert ..

Linchore

City of My

dispatch

to his M. Pottinger, transmitting

City of this letter.

to him a

10) Aberdeen

Copy.

828 Ch

C.O.

AUG 9 1843

Foreign Office.

306

August 24. 1843.

Your late Dispatches upon the subject of the naval force be maintained in China, have been attentively considered by 4. Mr. Gott ; and they

concur

In your opinion as to the recepity, at dust for the present, of keeping. up a very efficient force in the China Seas.

It appears however that mo small inconveniencs might arise

from the literal adherence to

the

012

Mary Arthinger. G. L.B.

the plan suggested by you, of permanently attaching

attaching a Strip of War to the service of each of the Fine Ports, while it is the opinion of the Board of Admiralty that the object which you have in view, might at least as effectually secured, by leaving the manner of accomplishing

them to the discretion of Sir

William Parker.

The result of my

Communications.

with the Board of Admiralteng

on this matter, is contained in

　　　Letter to Lord Haddington, of My which a copy is inclosed. The first part of this Letter applies,

you

307

will perceive, to the question of the extent to which & hus. Goot intended that the controul of &. Mis Naval Forces in the China seas should rest with

full

you. My setter contains or in explanation on this point that I have nothing more

say to you upon it; except that

Frely implicitly

your judgment

as well to appreciate the

distinctions which I have laid

Lowon

св

な

carry out the

pecution functions assigned in it

& yourself, in the manner which may

be most

agreable

It the distinguished Officer with

whous

whom

ou will have to communicate

(sign Aberdeen

Copy

7.0. Aug. 24.545.

To Sir Henry Pottinger.

2017.

308

RECEIVED

)

SEP

1843

Sir,

856. China

Foreign Office,

September

309

5.1848.

I am directed by the Earl of Aberdeen to transmit to you, for the

information of Lord Stanley, a Copy of a Despatch from Her Majesty's Minister at Washington,

dated the 10th Ultimo, reporting that M: Cushing, the United States - is Commissioner to Chine, bas departed for

his Post.

Sam,

Sir,

Your most obedient

humble Servant

Alecbddington.

August

To Adminally

24.66943.

James Stephen Say.

Tr.

Copy

No. 102.

RECENEL

SFP 6

1840

My. Lord,

85t thena 310

Washington August 10. 1843.

M: Cushing, United States Commissioner to China, instead of proceeding, as it had been intended he should do, to England, has sailed direct for the Mediterranean in the United States Steam Frigate "Missouri". This Ship will convey Mr Cushing to Alexandria, from whence he will continice the overland journey to India, and will finally proced to China, from some Port in India, board of the United States Frigate, "Brandyroine". The "Missouri" left Norfolk in Virginia, for sea 5th instant.

the

that

The " Missouri" will, I believe, be the first American Steam Vessel of War has appeared upon a Foreign,

The Earl of Aberdeen

Station.

I have to:

(signed) H. P. Fox.

311

312

Copy

Warlington, August 10. 1843.

W. Fox

h: 102.

Rec. Aug.30.

Departure of Wilarking, U. States Commiss." "to"

China.

not. I do not

how on that auttim

પ

2181

Su,

RECE

SEP

1843

854. Angking

Foreign Office,

September

313

1843.

directed by the Earl of Aberden

to hansmit to

information of

Commission

you

herewith, fu

the

Lord Stanley, Copies of a

under the great seal, of w

mitter Commission under

hannal, and of

the Leyn

Instructions under the

Sign Manual, which have been severally

hansmitted to tie Hunny Pottinger in pursomes

the

vested in Her Majesty

perver vested

регис

the Act of 647. Til: cap. 80;

and

کا

Cofer

of a despatid to tie Henry Pöttinger inclosing

the same.

I am, Si

most obedient. your moble servant,

Jr. Stephen Ge

Alle Addington.

314

།

咝

Low Stanley

I am descons to explain to ye. Low hif the sanct history of this

wither and if it's Enclosures - Several

there arrived from the

Foreign office. a Letter covering drafts

of ducharments a

effect in the new China bet with the draft &

Desfatati

that the.

Explanatory of them and your Lowship's ofinis

が

aquacted. It appeared

being that.

all other wrong. The reas abjess of this kind the Foreign Office we

:ably Exstitute both of free-

& and

I therefore prejured drafts of themi-

all anew and proposed to M, Adding drafts as enction.

7 7 7 7"

to his Letter in place of the origina

But be that.

time the Ferie

Offrin found that.

there was not

lose no

according

Expediting them. It was then resoland there not to ach your Lordship's ofing Inchiamento actually dispatched. wuch therefore to require no answer.

in the obiect of the present Letter which seems the drafts, but to send copies of them

Lawns in my lower will the double of the accompanying duchements. a.nd d' are convinced of this substantial accuracy, I tosh all the pains.

R. Seth and Maher hand gepland Fran the the thich hand

ben later du such a matter, as indied.

others. I est entire confidence.

Copy of Commission under the great deal.

859. Hopton, 315

Kilimak

1845

SFD 7

RECEIVED

to whom these Presents shall come,

Victoria, by the Grace of God, be to all

the Leven the

Cheers by

Greeting

"resorting, beftina" it is among

for the better queernment of the Majesty's Lulgjit, year of our thign Intitutiile "An Act

a certain Act of Parliament peseed in

other things

emailed that it shall be lawful for Us

accy formission

heel of the builed Kinghorn, or by any

Commissions under the Gust

Leal

under An Signet med tige

and

Commissies

referred

Instruction,

Manual accompanying

to in

such Commiper

any

އއ

shall be also the Governor of the Our subjects inftina (so long

to authenge the Luperintendent of

as such. Superintendens

Island

the

peace, order, and gout government of autubjects, Hong Kong ) to enact with the aderie of may from time to time be required for the

within the semiclions of the busem of shing Hongking all such haws and Blinames as Legislative Connil gether said Leland of

benig

316

being

of not

within

mere

this & Vessel at a distance any shit, than one hundud Miles from

Coast offline, and to

enfree

the

Subjects being within the dominions of the Emper offline, or being

the executen of

distame of

send laws and adinames by such perature's

as whim with the advice.

fit, and that it shall

and forfeitures

aforesaid shall seen

also be lawful for

a Commissions

any

such Commipin Istinitions as aforesaid to imperse upon the evenite of the before-mention Legislative batterity all such conditions and

himitations

New Know

as We shall see

thist

fit to prescribe:

An mere molin

special frame and certain knwledge, the

in pustname and evenise of the

of the power and

foresaid

authority so vestec in les as

the said recital Act, have granted and authniged, and do benchy grault and

authorize the Superintendent of

the harde

of One Subjects inflaria (es long. luperintendent shall be also the Jevereor of of Hongkong) to enact with

the said Soland.

the advice of the legislatia commit of the Lacil seland of Honghing, all such Laws and Archivierung

time shine be requires, In peace, noe and good Government

as may from time to time be

the

Sulgeets

within

not more.

Klicke or kepulat

thrace are humdud

miles from the frust offline, and to enforce the execution of auchdows and ordinances by such Penalties and forfeitures

which

as bouch

fit; and are

Referentendent as aforesaid the adrie aforesaid shall seen herely in further evenite

the fewest and authority foresaid impore upon the exevice Itter before mentioned begislative authority

Leen

all such conditions and limitations at have

fit to prescribe in the Instructing werden an Signet and Sign Marmal accompanying this An fomnifier.

he witness whereof the have caused the Are buited Kingdom of quart

Sweatteal of

Bulain and Suland the affined

to these

Presents which Be have signed with an Rizal Hand. Given at an Crut aktinden Castle, the 26 day of August, in the fear 1845., and in the 7u gem of of andul Reign.

andard 1843.,

ску

REC

.0.

159. Houghing

SKP 7 18-43 Instructions to aud

accompany the Commission the United Kingdom

under the great Seal of

dale at Windsor fastle

bearing of August,

N, 1843.

Vietina R

in the Seventh

on the 26. ma

year of

317

Vietinia, bytte grace of God, befender

of the Faith, b +

to bur Busty and

bt faceting

" Bill beloved tie Benny Pollugu

Thereas by a Commission

under the forent Seal of

The United kingden of Great Britain and Ireland, bearing dale at Windenfastle

262. day of August,

bur Keygen,

рилей

183. in the J. your of

the

We, in pursuance and exenise of ther

powers and authorities in les vested in and by a centare Act of Parliaments passed in the

fr and to rear of

"Act Ju

Our Neige, intituted " Aw the belte fovernment of the Majesty Suljiti

"resorting tifhine," did authenige and exponen Ju the sail Sitting Pottingen, or the serperintendent

the time

being of

the traite

of Our Subgits China, to enact with the adorie of the bigislation all such

Commit of an leland oftesting,

Gaby Hommission

laws

hows and Erdinances.

our

as may

Jum

time to time.

be required for the peace, woda, and good governmen

　　　　subjisks being within the demiment of the Emperor of China, or being withine any this or Viful at a distamme

not more.

Powers and Authentic's

aforesaid you

318

such Experintendent

do so obsever and he

the 55.

the same ard

quided by the said Instructions day of theil 1843. applicable

than an

China; and

you

hundred miles from thefaust of We did by the sand fommissier, in further exenise of the powers and authorities afpresail the evenite of the before mentional degislation authority all such conditions and himitations as we

　　　　　　　had seen fit to prescribe in the bishertions under and Signet and tige

minpose upen

Manual

accompanying

one said Commpion

her by

;

these chistentions We do require and enjoin

the Larid Sis

Henry Pottinger

that in the

us thereing

"execution of the powers and authorities afretail You (until further order be made by do observe and be guided by the Inslations

Signet and Sign Mannat bearing

day of thuil 184.36h acompanyang

under An

date the 5.?

a certain other Comminges.

andla on

the Severnor

Сил

and unalititiny sided always, and We do

you

said Soland. Provided

further declare on

Pleasure ble, that in the

execution of quer beforementinael Legislative

Рими

cau

far

ав

be applied to the case

said last mentioned towers and

Authority, and so

for only

the Lame are

compatible and consistent with the provisions of the said recited Act of Parliament.

hinen at Amfint at Windsonfaatle the 2bt day of August 1843. in the Seventh-

am Reign. year off

Byte Magist's Commends

(Countersigned) Aberden

RECEIVED

SiQ 7 )

1843

859 Hong Kon319

Copy of Commission under the Lyne Manual

providing for the temporary Office of the Superintendent

exenise

of the

Henry

Instructions when Polingen; August 26. 03.

City of tige Mament

Victoria by the frace of Good, b. t.

to An husty and Well- belened tie

Pottinger

Barnet, b.

шаши

in pursue

passed

hi thenny Blared

Greeting

certain Set of Parliament

in the 3ut and 4. year of this Labe

Majesty King Villam the 18th, inttitud "An "det to regulate the hode, tot hina and India' Be by

a. Warrant under Our Rezel Size date the 14. day of May

Mammal bearing

deeb appoint you

1871,

the said Sir Henry Potterige

the

the the of hief Superintendent of the hacks of One subjects to and from the Braiment Emperor of Chine: And Toberas

thee 4.

1847. Be did by a certain day of January other Varrant under One Royal Sign

the temperary

provide fu of the

Laid

Office

entreite

in the event of ar

Нашия

the duties.

на саму

therei

320

ther in accurring by your death, resignatio,,

otherwise :

And whereas by

certain Act.

Reign,

вил

pased in the Seventh year of "intituled "An Act for the better givevement of the Majesty : Subjects reserting deflinar, other things enacteil that it arry Commision

it is amongst

shall be lawful for tes by

Warrant under One Roszul Sign Manual

to make such provision

в но

may

вечно

fit for the temperary exercise of the duties Chief Inperintendent in the event

of the said

in that office of a vacancy, occurring death, resignation, or otherwise. Now know re, that he, reposing experial trust and confidence

пут

the loyalty and integrity of the said die Herny Pottinge, do by these

Presents, in pursuance and exercise of the

the

Pavers and Authenties in Us vestect by the

　　　　　　　　　　　　　　　　　　　thens faill recited Acts or either of otherwise how swever; ratify and confirm daid recited Appointment of the 146 ! day of "May 1871, and do revoke and annul the suit recited Commifcin under Om Royal Lign Manual bearing date the 4. day of Januar

1843

རྗ

1843., and in further pursuance and exercise

vestect in les

aforesaid.

fthe powers We do by their Commifcin

Warrant under

Our Rozel Lige Mannal further direct and appoinct that in the event of a vacamy

in the office ofthel hief Superintentent occurring apresaid by the death or resignation of your the said bin Remy Pattunger, or otherwise, the person who shall be administering the Insonment of the Saland of thughing chall in such case apume and hold the Office of Chief superintendent and revise all the pervers and duties thereof, such time as

antit

any person apponited by les

bhold the said office

shall arrive in

Hingstions, and shall undertative the duties of the said office.

Given at anfonnt at Windsurfastle the 26: day of August 1843. in the Seventh

year of

Reign.

Bytte Majesty's

Cumul

Corrateckigand) Aberler

Copy

RECEIVED

1981.

SKD

1848

321

By Nong Rich.

Varige Giffin, Left. 2. 10743

The Act of

Parliament

fir

Stre

1833

the Itatute

year

Pottinger

3 and 4 Williams 4 Cap 93.

under

Coley J. Mammal, addepend

The Legn

Agust 26. 187.3.

Whine Kuny Pottingen,

under which

held the Office

have hithert

you

Superintenden

the Trade

Her Majestys

Subjects in China

Framed

was

and passed under

circumstances essentially

different from throse

the

present time. Not only

was

there at that period

deficiency of any experienc

for the quidance of your

Predecessors.

the discharge

their Official Duties,

but the Crown then held

the Dominion.

within

210

Kiriton

cut to the

adjacent

Chinese

　　Chinese Empire. The Military & Diplomatic Transactions

which have siive occurred,

& the

acquisition by

the Queen

　　　the lovereignty of Hong Kong have epentially altered the

affairs in

posture

Itre

anarter

that

анд

Globe, a

have appeared to ther

Majesty's Goot to call for corresponding change in

the Law.

The Ach

1833 from

8 the lection,

the 5th to the

bothe inclusive authorize

the appointment of Super:

intendents

the King

and enable

Council to

give them met Power?

322

within the Chinese Empire.

It further empowered the King

in Council to make

regulations regarding

Trade

оз

& for the

Briteste lubjects

Atial

Goor

China . To the King in Comicil Parliament also

imparted authority to create a Court for the Trial

of Mences committed y Britiske lubjects

within 100

in China.

miles.

the Chinese loast.

In pursuance of

this

Statute various measures

have been adopted. Mus

Ate

might be thought

in respect of the

necesary

trade of

Britise Subjects

the 9

лаше

December in

year

the King

we re

made.

Two Order

in Council.

which

one had for its roject.

The

within

the regulation of

the Trad.

Briteste Subjects at Canton,

the objech of

the other being

the establishment at Steal

place

Court for the

Trial

of offences committed

Britiste Subjects in China.

A Mird Order in Connil.

the same

Duties

date imposed Briterte Hips &

Cargoes entering Canton.

of there three Orders all

be said to have been.

may ineffectual. The troo

have scarcely

broughth into

The third

was

ever

prch

been

opperation. actually

revoked by a subsequent

boder in Council

5th of Marche 1834.

Stre

present

the 4

Order

Council.

323

when

year,

of Jong lash and

the Queen

was made for the before

transferring

mentioned Court from

Canton to bring Kong

was followed

of February

Min

the 24

lash by an

Order forbidding

Britesto

Subjects to resort to China

for purposes of trade to Ports except

any

the

live there enumevated.

huck having

the state.

been

the Laws at

the commencement.

Cate lepon of

the

7 Parliament,

it appeared to me

thre

wus

And thus the care

stood till the

commencement

inadequate

Atah

to the

exigencies which mush

be expected to arise

ги

324

Administration.

of your office as luper =

nitendent.

Trade. In

the Britede

your capacity

of Governor of Hong Kong

The Queen in the exercine

Her Royal Prerogative

had indeed invested

invested y

022

with legislative Authority

over

all the Inhabitants.

that Island. But the

Crown

propepes

Prerogative

по

inherent

imparting

Legislative Authority

over Briteste hubjects within

Foreign State, a

Aigle leas

ог

the

Here it

followed that unless the

aid.

invoked

Powers

Parliament.

were

and obtained, your Laws

of making

binding

on the durer's Subjects

much be restricted within.

the Coral limits of Hong.

Kong. Hence also was obvious that every

disaffected person might

readily place himself beyond the reach

those

their

and that.

your

and excape.

Laws

penalties

Legislative Powers would

ceuse

to be effectual precisely

in the places in white

obedience

to them would.

be much to indispensable

to the good of

Service.

I did not.

Wer Majestys

appea

that

the Ach of 1833. enabled

the ducen in Council.

to provide any remedy

for

this inconvenience

binding

Ben

Shajesty it is true, might Herself have made Laws

under it for

the

Goot otten

hubjects in China. Buch

　　experience had abundantly shewn what antecedently

to the experiment indeed sufficiently

Brah

Laws could

was

evident.

هنا

properly originated & framed

the

　　in England for of persons dwelling

mch

Goo

distance, & placed

under circumstances.

imperfectly understood

To obrate

Bill

　　in this Country there difficulties. for the better Goot of ther Majesty's hubjects resorting

to China.

was

introduced

into Parliament. It has

since been.

daw

passed intoar

which I transmit

325

Copy for your information This Ach (the 6th & 7th Viclona

the Ach

Cape 80) by the 5th fection repealed 871033.

.00

powers of

much

relates

to the

the Superintendents

over the Britiste Trade;

relates to the making

Regulations for that trade and to the Goot of

hubjects

inn

Britis

China,

and

as relates to the establishe

ment

Court of Justice.

In other words it repeals

the 6th Section of

the Ach

of 1833. But it expressly provides that all things

in pursuance of

done

thach Ach before the repeal

mall take effech shall

valid as the later

Ich had not been paped.

The practical change.

من

therefore

326

follows. The Ach

therefore of 1833 much.

the omission of

But neither

be read with

the 6th Clause.

your

own

apposiitment as superintendent,

nor anything

else lawfully

done under that Ach

is invalidated. The Orders.

in Council which I have

enumerated will, unles

revoked

the Queen in

Commeil, retarie all their

former authority. It being however the dueens please

in the exercise.

now conferved.

Majesty

the power Boen

to delegate

you and to the Legislative

Coincib

of Hong Kong

の

the power of making

daws for the God of

the

the Queens bubjects in

Chuna.

the

The in adjacent

Seas, I transmich to

5 you

Commission under the Great Leal for that propose

, accompanied by hustructions under the Royal Liquch and legen The effect of

Mannal. Me

there instruments will

be to extend over.

Atre

to in Chinco

cheen's hubjects

I in the adjacent leas, the Legislative bithionty

which

exercise

you

over

at present

the Inhabitants

of Hong Kong

I further transmit a Warrant under the Rozal Liqu Manual to provide

for the temporary

tration

Adminis=

of your office.

The

effect of

this will be Phar

the Legislative Power lash

mentioned will not

suspended by any

stance which

maz

ها

circum

reuden

the Officer directly appd

mentioned a for

obvious.

reasons

but rarely, if

327

otter

will be

ever called

excercise. Exigencies

into

however.

may

occur in

which the resort to it

by the Queen.

hyper:

intendent incapable of

the duties.

discharging that Office.

Under the 3. Lection

the accompanying, och

the Queen in Conncibis

inverted with a further Authority of originating,

any,

Laws which

may

be thought necesary for the Goot of Her Majestyg Subjects

in Cleine

or in

the adjacent leas. Mis

is a

power which for

may

be indispensable in

بنه

own

8 your

authenty,

and it has therefore been

the Queen

conferred

in Council

hich being

effect of

the general

the recent Ach

Parliament.

анд

the Instruments ipued

in pursuance of th, it remains that I should

advert to

some

those

questions which much be expected to arise, & regarding

which I am.

to survisto.

you with such and

quitame

121

مان

anay

my power to upford.

: First then I anticipate

Five

enquiry

how.

you

ave

to exercire your regislative Authority consistently

The series.

with

Orders in Council

of 18733. and 1848 already mentioned. Preoccupying

much

which

a ve

the ground

your

to range

own

over

vwvers

ро

and

emanating from authority

superior

your

0་༧2/

they

might perhaps obstruch

meanives

may

your

to which attach the utmost

importance. Mis difficulty,

މޑ

obviated

creadily

relieve

you

from

the

Queen

328

ineen in lommeil will

sanded to make

are

order which will enable,

enable you

to mispend the operation

or any of

there Orders in

council at variance with

any

which

Law

or Ordinance.

may,

hereafter

be enacted by yourself

I next anticipate the

observation that the

degislative Power which

will be called to exercise

you

being, desiqued to have Country it's operation in a

where there is no Britiser

Rus in force

officers of

carry

τιση

анг

the Crown to

mch enactinents into

effect they much to

great extent be

in =

: operative if nok futile

么

Jize

al =

would be vain to deny together the truth of this remarke

to the complete efficacy of any Agency, obliged 4.

Leurs, competent to effect is

pensable,

carry,

course.

it into

indis.

& within the

Unniere Dominions such

will not exist.

Agency But there objections

for from proving

futility of

by a

the

are

the

daws enacted.

"British Authority for

Briteste hubjects. there.

Good of

For in the first place the

breasin

in some

much a daw might.

cases

be the basis

livel Actions to be

broughth, or of penalties to

be enforced in Britisho

Courts

Justice, whenever.

the transgressor might

не

be found witteine

Jurisdiction;

329

their

Secondly

all Britisto hubjects.

China ave

only occasional

temporary Residents there the daws to be made by yourself might

cases

in mon

reach them.

requiring of

Her Majesty's

Connels & Vice Counts to

withhold the clearance of

in which

any thige Offender against Laws

was

аиз out

about to sail,

until bord: shall have

been

given for landing

bong Kong

hin at

логе

other Britisho

Settlemen's where be

анд

take his trial;

might

Mirdly if, be anticipated,

сител

reiet.of.

the

maz

core =

the Chinese

330

God.

in the exercise by, ther Majesty's Officers of

Junscrition

Stie

the

can

this

be obtamed

case will then fall und

provisions of

another

Act passed within the

Cart Session of Parliament

の

which

Сорир

I also enclose.

for the

present

however that Ach/ the

Act 697

Vich CM:

94)

much be considered.

inapplicable to the care

China.

stile

　　　I can foresee further difficulty, which

is li

you

likely,

which

to do

you

are

embarras

cares

with

will have.

those

nts

done beyond the precincts

the Queens Dominions,

but

but rendered penal, not

by the lex lose,

but

Law promulgated in

Britisho Lettlement.

how to make such.

Legiolation effectual

recepity, will / ih

be sand) arive for

may

the enactment. of

entire Cominal Code.

very

words by which

we describe crime much.

Murder, Kottery,

the like (which

Gorgery

must be employed in

all penal degislation )

have

annig

which

but

is not unilable

transitory; And which

widely dissimilar,

Even in the States.

Christendom.

must.

be still more

different when

་

to the same.

Stre

comp

ansion

is to be

made between the reuse.

оз

much terms.

as under

stood. in Europe, & mone

Itre

Great Empires of

the East. The answer is

that some

general &

preliminary

daw will

be requisite, declaring

in effect

that anyth

which benig

done in

would

trong Kong render the Aquits.

his Abettors amenable

to punishment, shall

when done.

British

Subjects within the

Ainere Dominions,

στ

within 100 miles from

Annia,

the Courts

не

331

be considered as

rendering

amenable

degree

minial

extent,

the Offender

to the same

native

pumchiment if they the

be affterwards found within M. Mis Donninion

board of

if se found

Britiste Muji.

any

Vepel within the distanc

already mentioned.

the aid

sue

mele

preparatory enactment

the question

as this

the defintion germines

may

mort

be avoided in

cases

& insforescu

of peculian

cases

shall wrire they must

course

be encountered

by special defintions

9 peculian

bittretto

332

Wither to I have afmmer

that all the duws.

will have

wite

a re

022

to promulgate

that Clay's whi

umally distinguished penal. But this will

not really be the case.

orcasions.

may, arise in

Many

which it will be necessary

that

447

Laws should be

enacted rather to ascertain

the mutual obligations,

Man to punish

し

the British Residents

lluna.

may

Whe

Merchants for which

the Laws

China would

ว

noh

cases of

duly provide. In

this kind the Law will

usually command

willing,

obedience,

even

the the enforcement of

its penalties may.

attended with verious.

insuperable difficulter

even

It is not however

intention to deny

that

the

ffences

powers of

Legislation

will be

with which.

you

For example

readily be supposed

that the tipping of thes

Subjects in the ports to

complete

which they

û re

permitted

по

revorl

may

requine

(Day

sland in need of

mpirutendence to

regulations for the general

benefits of

the Mariner.

thus inverted, may give

nie

to questions sanely

susceptible of

ratesfactory solution. on the contrary_

well aware

ат

What the

brush

verz

pemliar. & critical

nature

nature,

that and.

anothing

but the extreme hagard

of exempting hubjects in

02.2r

Fellow

China from

effective local control,

could justify much

innovation.

022

Stre

arr

general

principles by which the

　　　exercise of Authority of Independent States is limited. The

the Legislation

mch

anomaly in Meory,

ал

it is

will I am

ваш

permaded be deprived

in practice.

which might attend it, by

which

employ

you

the nihs

otherwire

the case.

wite

contantly

to promulgate

no daw which could give

any just

plausible

ground of offence

Ate

333

the Anniese Antrorities.

Exercising your powers

with constant moderation.

9 with a

vigilant regard

to the prejudices.

les

than to the reasonable.

jealousy of

good of

the people &

China, you will

I truch be enabled to

derive from them the advantage o7

си

effective

tr. control over to . His hubject uncompensated for by the disadvantage of giving umbrage

to a power

with which it will be

your duty to maintain the most friendly relations,

With regard to

tuo

minor details of your

defislative Autres

Imperintendent the is

sufficient

sufficient for me to observe

Man Dr. Ms Instructions.

trie

have referred you Rules already laid down

the Ineen for you

quidance in making

daws for the Gods of

bang trong

as far as

Prove Rules can

in the analogous

adopted

care

the xaws to be made for

The Good

in Ahnic

British Subjects

The two Leries

will be distinct.

be communicated,

I will

you, either to myself

to the Secretary of

for the lokomis,

may

Mate

they

be promulgated

either in

The other.

Stre

one

cities ui

capacities

the troo

which

you

ว

the

334

you will Ath. But

vules

forms &

general.

of proceeding will

in both cases.

Jam b

be the

Signed) Aberdeen

раше

Sie Hunny Pottingen

44870

56. September 2. 1843.

5. Melodie,

Sir.

998 Hong ng

RECEIVED

Foreign fly

1847

October 5.

335

1843.

14. Oct 7/93. Letter to Forique

15. Nov. 2:19. Vide diep.

I am directed by the

Earl of Aberdeen to state to you; for

the information of Lord Stanley, that

he has received an

application from Mr Everett; the United States Minister

at this Court, requesting that Her Majesty's Exequatur may be obtained

for Mr Thomas W. Waldron, who has been appointed United States Consul at Hong Kong in China; and Iam to request

that you

will move

Lord Stanley to inform Lord Aberdeen whether he is aware

Sames Stephen Sag

of any

objection

く

336

objection to acceding to Mr. Everett's

request.

lam,

Sir,

Your most obedient

humble Servant.

Allehelingham.

8. H. Addington Exter

Dr. Father

Lord Stanley

15. h. h. 19. V. dip.

уга

11 Aut

12 1

Sir,

Bouring Sheet.

14 October 1843.

I am directed

by Lord Stauley to

acknowledge the receipt

of your Letter

Sustant

of the 5th

Lord

expressing

Aberdeen's wish to be

Affrized whether Lord

is aware

даму

Stanley objection to the issue of

H: Mi's Exequatur to Mr. J. W. Waldron as

M. I. Consul at

Hong Kong. Before

answering

this

видиму

Lord Stauley would

with

JEF

wish to be informed

whether Mr Waldron is

now resident at Hong

Kong, proceed thither for first time.

or is about to

the

Lord Stanley

would avail himself

the present opportunity

to Lord

　for suggesting Aberdeen, that some inconvenience and

delay in giving effect to Consular appointuents

in the Colonies would

perhaps be avoided, if, as often as it

may

necessary to ascentani

Lord Stauley's opinion on the propriety of

conferring any

such

appointment

337

appointment, the Official Letter preferring that lugeury,

should contain

a statement whether

the person recommended

is or is not a resident

the Colony in which the is to officiate.

desined that

I have

338

Lord Stanley

suppore that it is muchany

is, at prevent, at Hong Kong

to enquire whether In Waldron.

gpit it not be desirable to point out to the 2.0. the

alwins apprizing your bowskich, in the fivil instance, shatter persone Forage Jor? to hold Consoles Affintments in the Britile

are not, Residents in the Colonies for which they are

No designated? Whenever the Candidate is a Resident, it rear:

уро

meintable to ach the God. whether there is

objection.

to him.

This scroati

ジ

339

15. No√ /43

Sir H. Pottinger

Sir

The American

N.19.

5.0.1002/43 Minister at this Court

འ་༞།

M. Hope

M&Stephen

38 Chapman 14

Forwarded NovṚ

JoniStanley 15′′

having preferred

Sunderstand the at Hong Kong & whom

United States Consul been latel appointed

both this print aday granted to M. &

W. Waldron who has

Exequatur maybe request that th

Island, I have to

residing in that

　request that you will report to me

whether in jours

трит pinion

There would

be any objection

to the source of

bestrument

such an

　in favor of thats Gentleman

Land

340

AVED

CCT 19 1343

Foreign Office,

341

October 18, 1843.

20 Oct. 143. Letter to Fouge

Mn. M. 19. Vide disf:

From Mr Everett

Oct. 17/43.

Sir,

With reference to your

Letter of the 14th instant inquiring if Mr Waldron, who has been appointed United States Consul at Hong Kong, is or is not resident at that place, I am directed by the Earl of Aberdeen to transmit to you herewith, for Lord Stanley's information a Copy of a Letter from Mr. Everett in reply to the reference which was made to him on the subject. Mr Everett's Letter

James Stephen Toy.

also

also relates to the

Suggestion, contained in your Letter, with respect to applications for the ifoul of the Royal Exequatur, which was communicated to Mr Everett.

Jam. Pir,

Your most obedient humble Servant

Aletschington

Copy

342

1076 Moning King.

1843

Mr Everett presents his Compliments

to the Earl of Aberdeen, and, in reply to His Lordships Note of yesterday, has the honour to state that Mṛ Everett is without

direct information whether Mr Waldron, lately appointed. United States Consul at Hong Kong,

any

is at present residing at that place, but he supposes that such is the fact.

Mt Everett will take the earliest

opportunity of suggesting to his loot the advantage of conveying

to the Foreign Affice, together with applications for Consular Exequaturs in W. Cobnics, information whether the person appointed is already at his place of destination; and Mr Everett has the honour.

The Earl of Aberdeen

　　to propose, for Lord Aberdeen's Consideration, whether it might not furnish a further and still greater facility in the establishment of Consuls from the United States in the British Colonial Possessions, if the Royal Exequation should, where no reason exists in London for withholding it, be granted on the application of the Amercian Minister, subject however to be withheld at the discretion of the local Authorities.

46 Grosvenor Place,

October 17. 1843.

Hongkong.

4.U. Addington of

15. MW. 9. 19. V. disp: Don

1845

Forwarded by oor?

VR Chapman MStephen 23

Mboto Lord Stanley 24

نیک

J.S.

26. Oct. 143

343

Sam directed Lord Hauly

letter

acknowledg accept of your

the

of the 18t hash containing

supection of the

American Jinister

attes fouch that,

with

brew

to the

greater facility in the Establishment of Consuls from the

United States in

The British Colonial

Popassions, the Royal

Exequatur

should,

where no reason exists in London for withholding it, be granted on the application of the American Minister, subject however to be withheld at the

　discretion of the local authorities.

Before adopting

this angection on the instance of M. Waldron, in whose favor the Royal Saequatur has been applied for bythell. S. Gook

their Consulat

Hong Kong, ford

Vente deems it Hanle

proper to submit for the considerations

Ford Aberdeen

whether there is

Frush as

344

any objection to authorize befor of a Colony to execute to high a that of withholding an Exequatur signed by the Ineen whether

such a

principle

in the instance of Hongkong once admitted

with propriet be extended Brother

distant Colonies

occasion

require-

жаз

Sam therefore

to request that you

will move

Lord

Aberdeen to favor Lord Shawn with

his opinion The course it would be proper to pursere on this

occasion

Samb

345

Соруг

iN: Everett

Vetateer 17. 1843.

Resp?. Mr Waldron, appointed U. States Cabl

شورها که

چھم

346

190 Lad Stanley

there is no objection to authorizing the for of a Celong to mente so high a host as that of withholding an mequatur argued by the know taffers to me that it u. be well to not on dd. Sowells reggeten on this occasion. Whether that objection ought to prevail is, I theile, a question for Lord Aberdeen's decision?

Det 20

1117. Hongshang

Foreign Offices (

RECEIVED

NOV 3 1845

November 2. 1843.

347

1:54

Gilf my st

fir,

I am directed by the Earl of Aberdeen to transmit to you, for the information and consideration of Lord Stanley, copies

If a despatch and it's Inclosures from bir konry Pottinger, repon the subject of the Administration of Justice in

trong trong

G. W. Hope Eag

Jam,

Sir,

Six Your

most obedient.

humble Servant.

All Addington.

The

W. Hoppe

the

See the sixth on br 1954, which, d'affichend, 13. suffly that

　　　　　　　　　　　　he w. anceer to this diller and to his D. Patternges. Pembubiy heofthre neat drail Land Sunday with have decided on the charter of a Judge - and that Affiandment being made I am not aware that.

　　　　　　　　　　　　　　that any thing further we remains to be done. Except, indeed, to affont the sabordinate Opions of the Conal, and, Jacbably an Morrey Jennal

Public Prosecutor?

57) The methune Steliève was sent thereby as thearty bre Great necefict which sair

for a pulse-Cloudy.

348

***

ม

Copy

No54.

امهر

No 2.

My Lord,

349

mong đóng Government to Hongkong,

May

frien

NOV 3

24 18434

Instant

I have the honour to forward, for the formation of Her Majesty's Government, Copier of a

a Letter dated the 15th metart which I have received from Major General Lord saltoun, and of my reply of the following day.

The difficulty under whicht labour at present as to assembling a Court is, that very

very few of Her Majestic

Grand

Subjects qualified to act as

Jurors have yet come to reside

permanently on this Deland, are all most bresily

and as they

The Earl of Aberdeen. K..

Inggodin

350

engaged in trade, it appeared

to me,

that it would have been a hard

cake

to summon

them from

Macar

and (anton to take part in a Trial for which a competent Tribunal - already provided in a fourt Martial.

was

I have

Since this correspondence passes, very carefully again read the Act of Parliament and the Order in Council which accompanied Your Lordship's Despatch 1:21. of the 4th of January last, and it appears to me to be very doubtful whether the Provisions of the latter are intended to be applied to the officers and

Men

Men of Her Majesty's Land Forces, or other Persons subject to Martial Law in China. -

own

My Forms and Proceedings of regular Courts of Justice conducted according to the Law of England of which from my publick life I have had no experience whatever (though I was for seven years Judge (aswell as Magistrate and (ollector) of the Provincial Court of the Zilled of Ahmadnuggur in the Deckan) renders me, I confess, anxious to have

little as possible to

unacquaintance with the

do with them, nor can

feeling that my

Shelp

others

immediate

351

immediate Duties have hitherto

　　　　　　　　　　　likely prevented me and are continue to do so, from devoting to those matters the time and attention

which their importance obriously

demands.

the

　　I hope after the Exchange the Ratifications of the Treaty and the Promcelgation of Proclamation annexing Houghing to Her Majesty's Doncisions, to be enabled to provide for efficient Entier of the Police

　　　　　　　　5 wellbeing of the Island and it's and tranquillity, by increasing the Powers of the Chief Magistato

and

and his Assistant, reserving to myself the confirmation of all caser involving punishment or diner beyond certain sealer, and I shall also then (if I find I have authority to dose) appoint each Gentlemen as may posess the requisite qualifications, to be Justicer of the Peace to assist the Civil Authority in uplotting

good

onder.

Should it unfortunately

happen that any serious caser

that call for

occur

the Exercise

of the Powers vested in me

Her Majesty's Order in

Council

Jcource

Council, Schall of course prepared to act on it; but in "the mean time I trust that I

　　shall be pardoned for again respectfully begging that ther Majesty's fovernment will be pleased to take this despatch into consideration with

view to rarly provision for the efficient and formal administration of Justice in this Colony.

The Magisterial Duties have increased so much of late

that I have been obliged,

Your

{

Nos.

352

Your Lordship will see from the accompanying Notification, to appoint Mix Hillier (who-

was

аб

(lerk of the Court) to act Assistant to the Chief Magistrate.-

I havet.

(signed) Henry Pottinger.

66%

kr.43

сору

Hong Kong, May 24.14. Heary Pottinger.

Sir

N°54.

3 Inclosures.

353

1117 Honghe3.

Head Luarters. Angkong

15 May 1843. M. 3

1843

As I have been informed that an order in Council and recently been passed to hold a fourt bath (seminal Saverdiction in Hagkong, I would

request 6: 8 : to inform me whether you the power of assembling one, or not,

been in

very

serion's case.

the act of committing

often.

lave

there has

men taken mi

An unnatural crime.

whom it will be recessory for me to by by

General Court Martial in case such powers

does not lie in

I have. De

(Signed)

Sir Henry Pottinger A.G10.

Lands

Saltorn

1. Copy

W.205

Maghad

hard,

1117 Hongtung

Goo: House. Angkap. E May 16. 1843.

354

NOW

1843

reply to your Letter Wo 43, of yesterday's date. I have the honor to inform you

that

although the biser in Conncil, wwhich you allade, has been passed, I have not at

present the means of assembling a part

to cricumstances beyond my

owing

I have to

En Las Saltona

control.

(iyimes) Henry Pottinger

Copy

355

1117 Honzunge

Sovernment Notification

KOE 3

Charler Batten Hillier, rapp, hav been appointed Asistant to the Chief Magistrate of the Island of bong hong

―

This appointment is to take

the 10th Instant..

Effect from the 10

By order,

Richard Wooknam

Government House,

Hong Kong, May 15. 1843,

(

1131- RECEIVED

NOV. 7 1843

With reference to my

Foreign Office

356

hovember 6. 1843

ابی

Letter of the 6th of April.

last, I am directed by The Earl of Aberdeen to transmit to you, for the information of Sord Stanley, Copres of two Despatches from Sir Henry and 72 Pottinger, and an Extract of a memorandem

by the [hinese High Commissioner keying, respecting the question of jurisdiction over Chinese at Hongkong.

2359 and 92

15. MW. h.20

Sir Henry Pottinger states that he has transmitted direct to the Colonial Office, a Copy of his despatch W.90, referred to in

Despatch L. 92.

hes

J. W. Hope Eq.

4.92

I am, Ser.,

Gour

most obedient humble Servant

Alliedingtro

357

ymm

Утр

މ މ

теория за то это, ктив

men when

пер

ለማ

vament

стор

by pop popr

Chinese resident in Morphing it seems to me that the Chinese Regs. CommSievies For the decision of thich muit, I cuffore, rest withe and Aberdeen when his derditiof wall know the further fangers of the reganiations, There can, I apprechend, be no doubt that the scclusion hows the best of the exogeneat. Be that as it may their

of all Chinese Authority from Song love i

thing and peaceably. Further

international

question,

Where is the Dey

b. O. of 2 mot

hoved to in the conclude

est. 20.90 roned.

I to bears the tech ti 1054 &ware on the 3 dush with à letter from Pative to the judicial powers of

of the Packers, mentioned in the

holis & do not know how this question. surately stated or understood. The

chive

The

мор

On the question

the Jurisdiction of

Myhord,

on 1/31

358

Itong kong. Inne 13. 143 (RECENTE))

NOV

1843

" am induced by the receipt of your Larships despatch Nr. 45 of the 4th of March last, to 00 myself. the honor of submitting a copy of a hosty the morander which I drew up, on the 13th of last month, for communication to Itwang

Healing, and through them to the Imperial Commissioner Keying;

and

that this memorandum

Your Lordship with see, embraces the perplexing question of jurisdiction over the Chinese who permanently reside on the soland of Hongkong,

and that I have been led by giving full reflection Ersome verbal remarks made to me by Lient. Col: Malcolm and which Sunderstood

our

لهلا

from that Officer embodied the sentiments of D. Ma's Sort on this difficult subject, to make a stand for

ar jurisdiction over all permanent (hinese residents on the Island, being unqualified & completo. I have neither get heard how keying has I, as at present

received this demand, nor am

informed miclined to consider it a "sme qua non in my peasing arrangements, but H. Ma's

his fort may

assured that I am fully sensible of the manifold

advantages of carrying

jhberdeen KY

{

the

point, and that I wil

not.

Despatch. 20.90 refond

Antence of

The

en Engen so wich w sens

r by ū

этр

теория за то это,

про то чт брокери про

Imby

Enheder Länge i cong degan y

Freeed

мор

They are, perhoss, with

Kerfi 1054 & ware with a letter fron diccal powers of.

know how this question.

the Papers, mentioned in the

71-200

I may this

international

shall know the further proquets of the negociation and, be no doubt that the scclusion Hongking it seems to me at the Phenare Seghe unmissioner of which must, I cuffore, rest with Lord Aberdeens Seat. Be that as

ables. Further

it be attainable

vament

On the question of

the purisdiction of

long

Copy 2.59.

Mykord,

in 1191

358

Hong kong. Inne 13. 143 (RECEITE),

NOV 7 1843

I am induced by the receipt of your larships despatch We 45 of the 4th of March last, 400 myself the honor of submitting a copy of a hasty Memorander which I drew up, on the 13th of last month, for communication to Hwang

Healing, and through them to the Imperial Commisioner Reging;

to me

and

Your Lordship with see, that this tremorandum embraces the perplexing question of jurisdiction ovor the Chinese who permanently reside on the Island of Hongkong,

: and that I have been led by giving full reflection bosome verbal remarks mate by Lient. Col: Malcolm and which Sunderstood from that Officer embodied the sentiments of It. Mis Gost on this difficult subject, to make a stand for our jurisdiction vver all permanent (hinese residents on the Island, being unqualified & complete I have neither get heard how keying has received this demand, nor am I, as at present informed miclined to consider it a "sme gha" non"

4. Mis fort may in my peasing arrangements, but H:

Кр

assured that I am fully sensible of the manifold advantages of carrying

the posit, and that I wil

The Earl of Aberdeen

not

not abandon it unless I see that it is certain to

throw impediments

in matters

of more

efsential value.

then

Lient: Col: Malcolmon and thr. Morrison are both at Canton at present, and I expect to hear on return when I am to meet keying, is to come here to exchange the Ratification of the

Treaty.

I have to

Signed! Henry Pottingen

and when H: 8.

Copy

Memorandum.

359

1. A registry Office in to be established at itong kong 2. ho person will be allowed to reside, even

temporarily, on the ciland, who is not registered. 3. All Persons registered are to be considered & amenable to the Police Laws of the Soland so long as they remain -

4. Any man found on the Soland, and not

regeitered, with be sent off it witto a warning not to return _ If he breaks this warning bile subject himself to puncihment. 5. Ther Regrity will extend to all claper - Shop-keepers - (volier - Boatmen, &c. 6. The Island of Hongkong having been ceded in Sovereignty to the Queen of England who is to make such Laws & Regulations

Hen

Majesty may please to direct, the option.

to all Chinese on the Soland

will be given to all Chinese

whether to quit the Soland, being paid for

their Lands & houses, or to remain

Subject of

the British frown,

and

such

entitled

360

entitled to British Protection, and subject

to British Laws.

7. This plan

is at variance with that brought forward, after the Treaty, by the Commissioners,

but it is in exact unison with the III

Article of the Treaty, and Her Majesty's Ministers hold that if it is not strictly cession of the Soland with be

enforced

вые

incomplete, and the Emperor's sovereignty

stile continue. This is obviously true, and

it must be remedied.

8. The Empero

must t publish an amnesty to

all Chinese Subjects, in the same form

promulgated her Edicts. This is also provided

for expressly by Treaty.

9 . As soon as the Treaties ratified by the

Encen of England and the Emperor of

China shall be exchanged, they

are

;

be published both in England and Fine, understand and be guided

that all

by them.

may

(Signed) Henry Pottinger

13th May 1843.

361

JMr. Siri Hr. Pottinger 3

برای بعد از

1843

copy

Extract of

Memorantuo

༥

Keying-

in 1131 Hong Kong 62

by the Chinese Commissies

NOV 7 1843

" The distinction in the Surisdiction over the

the

people of Hongkong should be preserved footing before agreed upon. Upon this subject sunday discussions took place while still at hanking; and afterwards during the High Commessionership, of the late Elepoo, the subject was further discussed between him and the How = "Plenipotenting; when it was arranged that when the people aforesaid should be found guilty of offences, they should be given. the (finese Officers to be tried & punished ; to which arrangement the Ion ! "Plenipotentiary's reply appear on record. After this, when the presents High Commissione. has reached (anton, he received a memorandum from the Stone Plenipotenting in which several rules were stated; among

vour

the rest,

the

bothe

for an righing regarding, and registration of tho population, the arrangements regarding which were very proper. But it was

also

therein contained, that of the old inhabitants the value of of Hongkong be willing to remove, their ground shall be ascertamed and paid and they shall be free to remove to the main ; but such as shall be unwilling to

to them,

remove

Copy

Angkor - June 13/43

From Sir Hr. Potemijer

hr. 59.

1. Inclosure.

It was. remove, will come under the Goot of Brit : Officers . further added that the communications received. from the Ministry of the Ston!" Country declared that the Island having been ceded, the People could nor longer come under the God." of China. There particular, the High Comm. find inconsistent with the x arrangements made with his late predecessor Elepro. The resident inhabitants of Hongkong, the High Commd =

and though they have long

finds, are

President

are not numerous, and resident remamed (there, get they

are in no.

different position from the merchant people of the main who go over to pitch their tents on Hongkong for purposes of Irade. There being no Chinese Officer established in Hongkong, it is out of the question to deny to English Officers the police surveillance and restraint over them: but that the people of China should be unwilling to obey the Laws of England in a thing of the same nature as the refusal of the English merchants and People to be forcibly ruled by theo Law offline. The previons agreement of the Ant. Menipokeating that Criminals should be handed over to the officers of China tobe tried & punished in therefore most suitable & right. As

regards

the Article

in the Treaty which stepulates that Hongkong.

shall

363

ment

the Hote

shall come under the authority and governme of England, this had reference to the.

to the cession of the ground for the merchants & people of the Country to repair their repels and store then goods there ; it was not therein provided, that its Inhabitants should become English people. The How the Plenipotentiary being possessed of tale powers to act and decide according this on-

judgment; how can he be ruled from afar by the Ministry of her Country - As when peace was benz negotiated between the two countries, although the Imperial Pleasure had been declared regarding too- chow, as one of the Pats of Trade, that it should on no account the

the Stigh Comm nevertheless adhered to the pre-

adhered of the previous agreement, and begged stile from the Emperor that favour. even so it is surely expedient that the it out Plenipotentiary

should be driven to change his tome from difference of dreis expressed by

Ministers at home."

foo

the

Copy

2.92.

Myhad,

Fort House Victoria Hongkong.

July 27/45

364

The subjcer of our jurisdiction over the Cinero population resident on

the Seland of Hongkong

kay to

from.

Tome

which your Lordships despatches 20 : 45 and 54 refer, remains, as your Lordship will see,

of the

Enclosures to my despatch 2.85, undecided, and will form a subject of future regoliation.

I have already stated in my

Despatch 2:59

best

of the 13th of June that I will use my

exertions to carry it, & I have already succeeded

the providing for

having complete police

-over all classes ; but those who are

authority.

best informed on the Laws & Cartons of Chine opiner that the Imperial Comm.

seem to be of op incon

dare not

not givi

opinen

по

power spanish in capital cases,

at least not in writing.

The Pover vested in the fremor in Council

of Hongkong will, I think, enable me provide for this embarassment, and in the meantime the introduction of the clause I

The Earl of laberden KJ,

have

Extract

Chinese High Commessionen of a Memorandum by the

keyingi

一又

　　have suggested in my despatch ho go of yesterday's date, in the (gmmission of the Recorder, appears to no to be all that is required from over trajesty's Government. I have so

(degner) Henry Pottinger

365

Foreign Office,

RECEIVED

NOV

1843

November 6.1843.

366

12.Mod. W. 18. Copy

fir,

I am directed by the Earl of Aberdeen to transmit to you herewith, to be laid before Lood thanley, a copy of a Report from Her Majesty's Advocate General

on the

was submitted

question which, in consequence of Your Letter of the 27th of July, to hime, respecting

the extent to which

this country,

might be incumbent on this

in fulfilment of its Treaty Engagements with Portugal, to defend the Portuguese

Establishment at Macar

attack which

-against any

might be made upon it

by the Chinese Government.

James Stephen Tepp

Lord

Copy

Hong Kong. July 27/43

From Sir Henry Pottinger

20.92.

367

Lord

Stanley will perceive that the

　　Lucen's Advocate is of opinion that the Provisions of the Treaty of 1661. between the English and Portuguese frowns apply Macao, and that Portugal would be entitted in pursuance of that Treaty

to call

upon this country to assist in the defence of the Establishments in that place against Chinese aggression. Lord Aberdeen, however, apprehend that in claiming assistance under a "Treaty of defensive Alliance, it is incumbent

the claining party

to shew that

the attack which it apprehends, o from which it suffers, has not been

provoked

ง

provoked by any proceedings of its own; and that in the specific case of Macas, Portugal would have to shew not only

that Her Authoritier at Macao had

given no positive provocation to the Government of China, but also that they had not violated

any

conditions

on which that Government had

permitted them to occupy

that

settlement. Lord Aberdeen is of

opinion that Her

Majesty's

Government could not leave to the

British Authoritier in China, the

power to decide on the validity of the allegations which might be adduced by Portugal in support

;

of a demand for assistance under Treaty,

repecially might be to involve this fountry in hoctility

when the result of their decision

with China.

Lord Aberdeen is also of opinion that all applications for assistance

- pursuance of such a compact muust be addressed directly by the Portuguese Government to that of Great Britain; and that the local authoritier, both British and Portuguese,

in China, must be considered as

invested with no power

act of their own

authority,

own discretion, in such

whatever to

or at their

a matter..

Further

368

Further, His Lordship conceiver that this opinion and determination of Her Majesty's Government ought to be explicitly made known both to the Pritish and Portuguese Authorities

Her might in China . Otherwise the latter. fall into the error of assuming

tone in their communications with the Chinese authoritier which might lead to acts of violence being directes against the settlement of Macao; while the former might, o

their

part, consider themselver bound

Jauch.

to interpose in the went of such acts

of violence being committed, without

previously

369

　　previously consulting the governmentat home. -

Lord Aberdeen would therefore recommend that the Governor of Hong Kong

should be instructed in the

sense above indicated; and that he should, at the same time, be ordered

to take a fitting opportunity of making known the tenour of his Instructions to the Portuguese Authoritier at Macao.

Jame, Sir,

bir, Your

most obedient

humble Servant

All cheddington.

Copy

Myhnd,

Doctors Commons. Sept. 9/63.

RECEIVED

NOV 8 1843

I am honored with your Lordships

Command signified

In her Addington's Letter of the 4t instant, stating that the Secretary of State for the Colonial Affie having requested to be informed whether there. - are any engagements subsisting between England & Portugal which would bind the former country to interpose in the event of a capture between the

гвора. Bencic fort" and the Portuguese Authorities at Macas, your Loroshop applied to the Resident of the Board of Contual for any information which the Archives of the East India Company could afford in

could afford in illustration of the tenure by which Portugal holds the settlement of Macas .

Ww. Addington incloses the answer

anover of the India Board, and with it a Memorandum which has been

drawn ups

In the Foreign Office as to the Treaty obligations between England and Portugal, and also there works therein referred to.

Mr. Addington is pleased to request that I would consider this matter, and report to your Lordships my opinion as to the extent to which it is incumbent on this country to defend the settlement of Macas.

In obedience to Corn Ladships

commands I have

The Earl of Aberdeen kJ.

the

the honor to report that Vattel [ 200.2.ch 7. BP.89.] thus expresses himself, "nothing hinders a nation, or sovereign, of the Laws permit, to have the power of granting - several privileges

in his Territories to another nation, for, in general, to strangers; every one

being able to "dir pose of his property - as he thinks proper. Thus several Sovereigns in the ladies have granted to the Trading "nations of Europe the right of having Factories, Forts, Fortresses & Garrisons in places within their

and even.

Dominions. We

of fishing.

may in the same manner givi

in a River, or on the coast, or

the right

that of hunting

　　in the forests te, and when once there rights have been "validly ceded, they constitute a part of the possessions of him who has

acquired

oht to be

　　　　　　　　　　them, and ought " respected in the same manner as his ancient

"possessions."

whereby

Having considered the matter with reference of the Doctrine is lacel down, & also with reference the Treaty entered into with Portugal in 1861, where by in consideration of the Gorats and Privileges conceded to Great Bietain, the king did, with the consent and advice of his Pring Council, profess and declare that He would take the Interest of Portugal, and all

Its

370

Past of

Its dominions, to heart, defearing the same with his almost Power, by Sea & Land, I am of opinion that althrough Macas cannot be considered as any the Portuguese Tominions, mas much as the Sovereigety the Emperor of China, get there of appears to remain in

the Portuguese are possessed of such an interest there in as to bring it withen the true meaning of the realy.

I have to

(signed) S. Dodson.

371

пору

From Incens Advocate.

Sept. 9. 143.

Happy

that station sh? be imimand die the terms of "ther Lecter ? I presume that not only the Zor. of Hong Kong but also the General

Ind. 9

Sr. St. Pöttinge

20.18.

W. Sukhum Mrd. Stoppe

HongKong

hor

Sri.

372

Downing Fr

125 hod. 1043.

Prefore Jural D'Aquilare left this

Cantry for oing thing he propered to me

enguing (of which I enclose a

か

enfarting the saturnt to St it might be on this Country, in fulfilen?

misumbent on

7 to reponents with Ontigul, to

deband "the Portuguese

apaint any

Eheblichment at

: attach which might

be made upon it by the Chinese Jo!

I referred

that question to the Earl of

lebenden, by whore directions.

a com In

Manicu

"ation (of wh. I also enstore a cofy)

has been made.

subject. In

to this

Прий

the

your enfacity of Zor. of

will lathe for goner finden

Jong thong you will lathe for

The opinion of The Queen's Acorsale &

the crews of Lord Aberdeen as explained

his hender Secretary's Letter of the 6: instant, four will also communicate

the substance

This Sentuation ti

General d'Aquile for his reformed in

and guidance.

I have Jen

373

374

15. hod. 2.19.

Dispatch & Fore

Letten & Fer

السنة.

Sir,

RECEIVED

NOV 9, 1843

Foreign Office.

Nov. 8. 1843.

having laid before the

Earl of

Aberdeen your.

Letter of the

26th Altinio, with reference to the suggestion which the American; Minister at this Court has made with a view to facilitate the isering of the Royal Eaquatur on the appointment of Consuls from the united states in the British Colonial Possessions, I am directed to state to you for the information of Lord Stanley

that hord Aberdeen

is of opinion, that it could scarcely

- James Stephen Eagle

INDE

375

be considered consistent with

the respect due to the Royal

Signature, to ipue

conditionally, and in

Exequatur

and make its

application dependent.

on the

opinion of one of Her Majesty's

Governors of Colonies.

I am, sir,

Your mont obedient,

humble servant.

song long

Enteral

hong JS.

16. Nos /43

F.M. Addington & Sir

12437

Forwarded! NOV MR Chapman 14 MEStephen Mope

Lal Stanley

Iam directed

by Lord Shanley to acknowledg

the

receipt of your letter 8 khush, in con= of the 8

tinuation of the

correspondence that has taken pla.....

reference to your letter of the '5"Alto,

of which conveyed

a request from the American Minister at this Court that

A.M. Exequatur might

be granted to th. I

W. Waldron appointed United States Consul

at Hong Kong-

Ford Stanley

Concurs in

opinion

with Lord Aberdeen that it would be inconsistent with

the respect due to the Royal Agnature to issue an Exequate conditionally & make it's application de : -pendent on the

　discnction of the the for; I am therefore

376

to request that you

his Lord thin

will move

to intimate to the American Minister that it will be

imposible to avoid the inconvenience

the

of postponing Grant of the Royal Exequatur in favor

PM. Waldron until

Ford Manly shall be in possession of Lie 1. Bottingers opinion whether there would be

anj objection to

such a measure.

Jamide

377

Md. Versen

The practical result creams

to be that. A will be impossible to

of pothoning the Grant of the Regal desapattern

　　with the for. of thing thing can be consulted on the subject. I precame avoid the inconvenience

the

Iper att he to suformed, and that a Defalich std.

be profured.

RECEIVED

NOV 10 1642

Sis.

2298 Military Chenn

Farige Office,

.378

hovember 10.1842.

6. 15. Sups.

he 29.

Fleur.

am.

directed

to transmit th

you,

for

the land of Aberden

Parl

the information

offor Stanley, Ampliates of the despaltes

which have

with their respection inclosures, been received from Su Henry Pollweger,

uporking

been made

không đúng

cestarin

arrangements

which have

hive at the Soland

Cam, Lie.

Your most obedient,

humble servant,

G. H. Hope Ger

379

[Stanley ) Mir wuty zied in are to fin Mormonal arrangements made until instructing are sec. as to the mode in which Ang Kong is a beoccupied In difpietly I dish will en

& building - WA; d. ap

ед.

" infurmalin "inly, the anthing settin E..

Mrd. ll. Anthii.

W. 15.

Mary Lord,

Duplicate.

380

Government Houte Hongkong 84. June 1892.

8th

"I have the honor to forward to your

Lordship a sopy of my Despatch W. 91. to the addrest of Mr. Johniton the Seputy Superintendent of Trade &C. on

the relation

of my ipproaching departure to rejoin the Expedition, which I hope to to in

the Jang Kiang

River within twelve days from. the team Frigate . Queen I have already

tte

this Fate by

had the honor

to report to Your Lordship in my Despatch No8. of the 20th of last month

The Night Stonorable

The Cart of Aberdeen R. J..

te..

the

088

381

the

arrangements

I had made.

for

continuing the bivil Government of -

this Settlement

and I need only here -

repeat my hope that they will meet

the approbation of Her Majesty's

Government.

After that Despatch (a Duplicate of which has been transmitted under a flying

Leal to the Govenor

General of India ) was closed, I received a representation from the different Public Departments / and more expecially from the thief Magistrate who to: about bighty five Prisoners under his charge in the Jail) which Convinced me that it was indispensabig necessary

to make some provision for Medical advice..

I therefore wrote to

Captain

I. Captain Air Thomas Herbert H. C. B. the Senior Haval officer, who has kindly placed the services of Doctor Winchester a Supernumerary Assistant Surgeon, who kan just

arrived from England in 117 Shif

my disposal, and to him a Salary of One hundred : fifty Companys Rupees per

North Star at

assigned

and

I have

month-

and thirty Supesi per mensem for Medicin until a lupply of the latter can be procured from Calcutta.

I han to policit Jour Lordship's canction to this additional harge

the

jeneral Expences of the Island, of Siong "Hong"," and trust that your Lordship will believe, that in all I have done in this Race ( and of which I shall submit a detailed Teport

one

in due time) I have had but motive, that of promoting

the Stonor and

advantage

advantage of Her Majesty's homen

I have the honor to be

My Zerd

Your most obedient

Humble Servant

Chrief Superintendent..

Copy

No 91.

Duplicate. 382

Government.. House

Hongkong,

8th June, 1842.

}

Sir,

Previous to my departure-

rejoin the _ Expedition, I think it

desirable.

communicate to

you

some - brief observations and suggestions,

that have occurred to me-

likely

to be useful to you, in the discharge of the troublesome and important -

duties that will devolve, on-

Your

holding charge of the Civil - "Government.

the Island during my

You

are-

absence.

fully a@quainted, from

A. R. Johnston, Espe

Jeputy Superintendent,

te.

ERS

383

from

porusal_ of my despatch-,

Nr. 8, of the 20th Ultimo, with the-

grounds

which I have determined

continue the Civil Government- my capacity of Chief Super_= intendent, pending the receipt of further Instructions from Her Majesty's Government, and have. also been furnished _ with State = =ments of the Establishments which I have assigned

Chief- Magistrates, Marine Magistrate and Harbour= -Master's, and Inspector of- Land- and Road's, Departments;

apprized of the

well as

arrangement

to the

I have been able-

the Kind affistance,

to make, with the Kind

of Captain_ Sir Thomas Herbert, K.C.B. the Senior Naval officer, for securing

Medical advice to those Establish =

-ments, and, generally speaking,

persons residing

in, or

frequenting

the Settlement, who have hitherto ? been attended to by the Acting

On those points

Colonial

Surgeon.

it is only necessary for me, therefor to request, that the Expence which

I have sanctioned shall on

recount

би

пот

plea be exceeded..

which

In the Instructions to the Land and Road Inspector, have been partly published for goueral information, you will have

seen, that

further Grants of

Land

384

are

Land

pretence; and, should

to be made on

any

applications

прог

be preferred to you,

pleased.

to distinctly

will be

decline acquiescence with them,

quoting the Notification I refer

refusal...

your

reason for the

переч

You will, however, feel yourself full liberty to assign

for any

locations

barracks, or other Sublie,

Buildings, which it is probable- will be found necessary for the accommodation of the Troops, and the large, and unexpected, influx of European Wormen and Children who have recently

ནས་ག

arrived

arrived from England, and who have, for the present, been comfortably settled_ in Houses which I have had

to hire for

it in my power- them, at less than a

hundredthis

part of the rypence which it would have cost to keep

them,

to the detriment of their comfort- and health, on

board Ship.

you are fully informed of the Roads and Buildingt which I have already sanctioned_ contracted for, and which

and

are

now in

progress of making

and creating; and your

are-

authorized to disburse, from time to time, the sums required for

their

385

to the

their completion, according original Agreements and Contracts.

With regard

any

further buildings, they com only be wanted for the Military or Naval Branches of the Service, and the proposals for their being_ built must necessarily

emanate

the Heads of those Departments - that is, the Officer Commanding the Troops, or the Senior officer

of. Her Majesty's Navy at this Station; but as the past experience. has perfectly demonstrated, that it is far more economival_,

say nothing of the other_

obvious advantages

as to health

discipline,

discipline, to, to provide good.

quarters for

men

shore,

in-

preference to keeping them that -

expensive

ир

hired Transports,

and that the same

applies so far

re-

reasoning -

all Kinds

Stores,

care and preservation

their care

as their

extends; I give your full Authority to comply

You may

with

any requisitions

receive from the "Authorities above named, and to

give effect to their wishes, regarding "the allotment of Sites, and advances

whether for Cash for Buildings, Barracks, Store Houses, Hospitals,

tc..

прои

will of

course clearly

understand

386

understand, that all such buildings

are to

be prepared

established by

Ine

112

the system arrival.

from the Northward. That is, the_

Plans, Retimates, and

are to be made

or other officer, and

Contracts,

the Engineer,

you.

his

are

advance the money on

receipts,

is fixed.

as soon as the amount.

To the preceding rule, havever, regarding Table Military

Buildings, exception_

Now

Public

must make and

the question, which

pending,

with respect

to the Officers' Quarters. They

are

only to be built on

the

Stipulations

stipulations contained_in__the_

accompanying copy of my

letter

(N: 84) to Major_ General Burrell's address, which, to prevent_all_..

mistakes 02

should be

cavilling in future,

the_ Officer_

published_

in Command before the Work- is

begun

on.

You

will see

by my.

letters

No: 86, + 87, that I have - permitted -Messrs Jardine Matheson V(-) to purchase, from the Chinese Proprietor the slope of the Hill.

which their private _ Houses are- built, and.. have-

granted Mr. Mercer, who had the misfortune, to have -

his House at Mawas burnt down.

Lately,

387

Lately,

lot of land. Both these

arrangements are, as

observe, subject

you

to whatever

Regulations and Rules Her

will

be...

Majesty's Government may be pleased to prescribe.

You

are

aware that I

have had applications for locations,

which it was

proposed_

erect two patent - Slips, and -

(at

one

of them ) eventually to +

and

form docks for repairing building Ships. I consider it

very

desirable to encour

encourage

these undertakings

which

fraught with Public good,

are

and

"I have _ therefore _ given my ready

assent-

to them, and have informed the afflicants that the spots they have fixed upon_(one_at_ this Harbor, and one at check-

are at their disposal =py - wan!) are whenever they like; but - in_the_ absence of positive intimation__ from Her Majesty's Government-

that this Island_ is to be

permanently retained, I fancy

there will be some demur. about incurring.

the heavy expense which

will attend the erection

the

Slips (which have been ordered_ from England), and it is only -necessary I should- acquaint are at liberty

you,

that

You

assont-

388

to make over saves the locations.

moment to the Parties

any

interested in

them.

There

are

other

points,

ts, such

at the formation of a Government Coal Wharf and Sore at low Water mark, the

-ni-

the digging of a Canal to admit Vessels drawing 15 feet water, which Mesors Jardine Matheson Hy had_ offered to do in the "Wang - "hong - valley, the reclaiming from the Sea of the two extensive Sandy flats lying between Mesors Leighton Hos Marine, lot and Mr. Burn's suburban lot, - and

Continuation of the "Queen's".

the

Road

Road from where it is already

marked out and contracted.

-py=

Wan".

for, near "" Navy Point = ", to the village of "Check- that must be over for the present, and regarding will address you

which I

the moment

honored by the Commands

of Her Majesty's Government-, for whose information a copy

of this letter will be immediately

transmitted.

will keep

Ster.

Majesty's

You Prinsipal Secretary of State...

apprized of all events that _

this quarter during

vecur in

absence, furnishing

me with

Copies

ال

389

Copies of your Reports; and-

บ

carry

satisfied that

your

You

will.

duties with

that cordiality and deference_ towards the Senior officers of Her Majesty's Naval and Land. Frees at this Place,

which is so

ssential to the

well-being and efficiency of

the important trust which

placed in

your

hands.

I thall communicate the purport of this letter to 1. Exptain Sir Thomas Herbert, K. C. B, and Major-General_ Bearell, 2. B. : to the former Officer in particular I feel

deeply

deeply indebted for the warm interest- he has evinced in every thing-

connected

with this Settlement, as well as for the kind

assistance and

tions which I have

Suggestions

received from him, brauch

every

of my Proceedings and duties, since-

down here in February last;

matter of sincere congratulation.

came

and it is

for

that. Me.

You

will have hime,

time at least, to consult with and assist you, in any - measures which the course,

may-

events

without a

Mue.

974

render nesessary

›

previous reference to

I have the honori

te.

tc.

(Fried Cissy) (Agands) Herry - Pottenger,

Thief Superintendent _.

Acting Secretary & Treasurer.

Duplicate

Copy No 84.

Sir,

390

Government - House,

Houghing, Jeene 32, 1862.

In acknowledging

of your

the receipt

letter of the 1st Instant,

which came to hand this day, I am instructed _ by Sir Henry

Pottinger to intimate to your, that so far

rests on

as the measure his sanction, he is

most willing to incur the expence you state of 6400 Follars to provide - Quarters for Twelve officers

near the

on "Cantonment Hill",

Barracks on

Major General Burrell, B.,

ter

ве

and

Duplicate.

for the Government of Sorry with the Deputy Superintendens Copy of instructions left.

Kony.

8th June 1842.

1:15 of 1842.

Inclosure W. / indespatch

391

His Excellency

and "West Point", as entirely coneurs witter

　　　　　　　　　　you the advantage of the arrange= =ment; but before orders are- issued for the creation of the Buildings, it is necessary that it should be clearly understood that the occupation of them imperative upon, and not to be optional with, the officers, and further that every officer

is im

of a

pay

the House Rent

Subaltern,

agreeable to

the Regulations in forse in India for the accommodation, which sum is to be deducted

from his monthly allowances

by the Pay-Master, and paid- over to the Civil Authority to cover the expence of the first creation and subsequent repair of the Buildings

=ment is

Military

leaves it to

As this part of the arrange=

solely of nature, His Excellency you to decide on it, and issue "the necessary orders; and the moment that is done, the_

Engineer Officer

(Jul. Copy)

to draw

can be instructed

on the Civil Treasury

ட

for such part of the money

as he

may

require, and to

commence, the work.

I have He

Eigned) G. A. Malcolm,

G.A.

Rob Momson- Secretary of Legution.

Acting Secretary & Treasurer.

JRC

No 15, 7134-2.

Inclosure No 2 in Despatch

Duplicate

No 91, regarding officers'

Sub- Enclosure in Letter

Duplicate

Quarters

3? June, 1842.

392

No. 39.

My Lord,

Government House.. Hongkong 10th June 1822

"I have the honor to forward for Jour Lordships information copies of the

four following

letters:

1. Copy of a letter addressed to Mr.

Edward Glascot Reynolds on the 27th May conveying

Instructions

to him as 4 Land and Rood.

Inspector"..

2. Copy of a letter dated the 4th bust. addressed to Major General Taltoun

The Right Honorable

The Cart of Aberdeen R. I

te.

Xe.

393

one

regarding farricant for longting to

　3. Copy of a letter dated the 4th of June addressed to Major General Burrell _ regarding arrangements to be made. for the accommodation of above hundred and fifty toomen and belonging to I7. Mis 98th Plegiment, and Royal Artillery, who had then just. arrived from England in the Belleiste and "Apollo".

children

4. Copy of a further letter dated - the 8th of June to Major General Burrell, regarding certain women

children being landed from the

and

Mixed Ship Moira

bourd of

which tessel they have been kept-

I have the honor to be

My Lord,

Jour

most obedient Stumble Servant

Benny Notting HMs. Plenipotentiary

above.

year..

Suplicate

4 Melomeres

Dup: No 29.

H. M. Plenipotentiary 10th June, 1842. - HongKong: China,

four letters.

Received 8. Nod.

Tronsmithing copies of

394

of Superinten. F

dir,

Government Honde

Hongting May 7. 1872..

I am comuned by dir Stewry Pottinger

that His Cxcellency

acquaint you, been piented to appoint you

and

has

to be " Land

Aload Inspector on the Hand of

I longthong from the 17 of June. -

Establish

You will receive a salary of $120. per month, and the following will be placed

under you

you.

Per

one Curopean verteer of Roads & P Bridges Berildings, at $45. per

Meulan.

Two Chinese overseers of dr. dr.}

annuum

540,-

NP. @ #15; her mentern each 360-

"Mr Edward Glasert Reynolds._ #900._

395

per annum

Brought form ? & 900.

Dove Keepers of the Burial

al for mentem each the Sealy for the Land Office at & Hellenger Sweeper, &e, -

at $.0. per mentem .

Braking with

your

own

144..

72...

-$11166~

　Salary of £20. per month / 57. $1440..- annually, a total monthly lawn of

213 Dollars.

This amount

you.

will draw in

an Abstract, accompanied by

Roll, agreeable to the enclosed

acquittance Forms..

You will study the most rigid leon my in any Repairs you may - Consider it indispensably requilite

make

41 વર્ગ

the Roads te, &e; and

you

make on

must no.

expend

one

Shilling

without

having previously applied for, and obtained

the Ir etion in

Superintendent.-

writing of the Seputy.

As the existing prohibition against

further Grants of Land is to continue in full force, pending the receipt of Commands from Her Majesty's Book, it will not even be necessary for bring any applications

you

on that Subject

to the notice of the Deputy Superintendent, who will be charged with the Civil Government of the Island, absence of His Cacettency in Sury

Cottinger Part

Jou

during

the

are to take the utmost care.

396

encroachments

the

any part of the Ronds, whether -

to prevent any Lands in umappropriated this sland, or on Completed

or now in

in progrett;

and Should

mything of the kind love to your

Knowledge, you

will, whatever

may

-~-

　be the plea, or pretence alligned, instantly stop the work, and report the eircumstance to the Deputy Inperintendent.-

Your chief duty and that

of the l'établishment placed under

· four, will be to see that the Roads, Prides, and Draint are kept

unfinished

perfect order,

that the

them

are

Contracts regarding

Strictly

and well fulfilled, __ that the Jublic.

Watering

Jetties and

Watering Places, and the Government Market Place, preserved from damage,

clean, and in a

and are

likewise

are t

kept.

- fit State for the ules for

which they are designed, and that no - →

muidances of any sort are permitted the Ronds

or in the

buch come under

the Streets. Should

observation, you

your

any

Chief Magistrate

are to report the same instantly to the Deputy Superintendent, who will take the necessary steps,

and

through the Police to abate them._

Jou

ffice all Sales

-f

will register

and

Transfers of Land

in your

conformity with the Notification +

the Ind and published in

issued on

the Friend of China and Hongkong

Gazette

Gazette of the the Instant-

I am te ve (Migned). Rob Morrison

Seting Secretary 7 Incaluer

True why!

Shalih Decretary of Degation.

397

Nr 29, of 1842.

Inclosure No./in despatch

Duplicate.

Copy Mo 103. of Phnipotentiary's series

Letter to

Land & Rood Inspector"

Instructions to him as

Duplicate Reynolds, conveying + to Mr Edward G

27th May, 1842.

398

My Lard

Referring

Government Stour

DongNong 10th June 18402.

to the despatch addressed to our Lordship by the Right Noverable Lord. Ellenborough, on the 11th March last, and more particularly to the

concluding paragraph, I think it may not be

unsatisfactory my

submitting

The

to Your

Lordship.

10 Concisely 10 s possible arrangements I have.

made for

the management of this rising and in untant Settlements, pending the receipt of

urther instructions from Wer. Unresty's

Government.

Main Central,

Lod, Saltown Mr. C. B. G. C. St.

399

Government, as well as the opinions Shack formed the Land Forces to be loft at Houghing. Mgarding

and the other Positims now in the occupation of Hr Majesty's Forces along the Coast of Chine,

and which Ihave already Communicated, to

Mazer Seneral Dunette CFD in conformity with

a desive expressed to that offerts by His Excelleney

Sir Hugh Gough, G. C. B., in the event of my having quitted this part of China previous to

your

arrivals.

to Submit a ..

Memorandum

dated the Toth of last month explaining my views and intentions as to the Civils Government of Hongting, and, which has gone home for the__ information of Her Majesty's Government.

to fin

　　　　　Imote privately some time ago Hugh Gough that Ishould consider a strong tring of a talive Regiment and four thundred

Curopeans

uropeans & sufficient Garrison for this place.

which would

Regiment

give

the other Wing of the nativo,

- and a proper proportion of Europeans for that of the Island of Koolungaro (Amos)

At that time however dreakened only on four

Native Regiments (of which Ssupposed they wo

not exceed. boo meni

each) Coming from India, but six have been sent and their average-

thength is rather more thatthe 800 men., almost double the. Native Troops.

which

I am therefore disposed to suggest-

to Your Lordship, that one complete Refiment

of Madras Native Infantry should be stationed here, and 8. Bring of

soo,

another at

Koolangsor,

with such as European Force as Your Lordship and Major

and Majo General Buret

Consider proper.

• . This

arrangement

may

with place four and

400

- half strong Regiments it the disposal of the,

as and active.

Commander in Chief for garrisons

Service to the Northwards, and though less might

for DongNong and Norlangevo,

borne in mind, that's a.

it is to be.

a. part of the Tavops first

placed there with be at any moment, disposable should, Sir Hugh Gough think they can better employed to the Northward, and I am Convinced that this demonstration of overwhelming Military shength will, when_

taval

our

Combined with the ample means which stie Beellency the Admiral has at his Command,

powerful and Salutary

Cause, a. most.

impression

serve more.

and

on the Cabinet of Peking, and will

fully to open-

the

eyes of the Emperor

his warlike Councillors (who are unquestionably acquainted, through, spies, with

all our

arrangements) as to the overwhelming Power

of England, and the absolute hopelessness of altempting to oppose it, then our,

larger Army

in one

having a

a much

body in the field, and ___

which the invariable and brilliant success.

which has marked the progress of the trar, has perfectly demonstrated to be unnecessary to ensure victory wherever I. his combined Forces shall have an opportunity of meeting

Your Lordship will, Sam sure,

understand,

that in

One my.

offering the opinions have

done, on the subject of Garrisons and other

arrangements connected with the temporary

occupation of

Posts of

this Empire, it is the_

farthest from my intention to intrude my -

Military matters, but these

sentiments on

questions bear so directly on the great Political and ultimate objects of the

ނސނ

Expendition that. Ifeel that to remain quite

silent

IND

vile t

on them would be almost a dereliction.

of my duty.

Copies of this letter with be communicated

to Her Majesty's Government; the Isoveanor General of India, and His Excellena, Lieut

General. Ses Hugh Gough G. C. 13.

་

I have the honor tobe,

ко

Signed Stenry Pollinger

N. M's. Unipotentiary.

(True Coby

Amalialn Secretary of Segation.

ко

401

duplicate

Copy. Ne88.

of Superintendents' Series

Го

Sir,

letter

I beg

Government -- House, Hongkong

4th June, 184.7..

beg to acknowledge your.

the 3rd. Instant, and- am directed by His Excellency- For. Howry Pottinger to inform-

that he is perfectly ready to sanction any arrangement-

You,

think

necessary

You may for the reception of

and

Childrew

cut that

to make

the Women

the 48th Regiment

His Excellency desires me to

Major General Barrell, B.,

to.

add,

402

add, that he hopes all the

Barracks for

the

accommo

Lation

of the Troops that are to remain-

here are

although all

in forward state,

　　　　　　　permanent Works not required for the Military recupation of the Island_ are to be suspended, the Government- have

armisty desired that expressly

༼ཚེ་ད

every thing is to be done requisite for the health and- comfort of the Troops, and His Excellency is quite prepared_ to incur_ the Expenses, which will be far less than keeping Transports for sither Hospitals, Barracks, or Store - Houses.

This

and

This letter will be communicated to Her Majesty's Government, His Lordship ther

Indias, Governor General of His Excellency Lieutenant-General- For Hugh Gough, G. C.B.

I have the honor-,

дв

Ac.

(Signed), G. A Malcolm, Secretary of Legation

(Jane - Capy) Malish

Secretary of Ligation.

IND

Inclosure No 3 in despatch Ne 29, of 1842.

Inflieate

Letter to Major.

General

Burrell, regarding areanges= =ments made for the_ a@commodation of

mew & Children of the 98th Regiment and Royal Artillery.

4th June, 1846.2

403

IND

Ne 29, of 1842.

Inclosure No. 2 in del patch

404

Duplicute

Wr Pq A

of superinte

Sir,

Nongkong 8th Jane. 1842..

Iam directed by His brechency to inform you.

that temporary accommoda_ tion has been provided for all the Women belonging to Regiments who have proceeded to the Northward, in the Bazar at the

rear of the Government Stores, and that as

houses as may Many More the Women now on

be required for

board Transports will

be handed over to the Barrick Master,

Iriday

May

not. It is Excellency begs that be be informed of the number of Houses that will be requires, that instructions may

be issued to have any

Major General Odurret. C.

Xe.

necessary

te.

4th June, 18462

Garrisons for Honghong, Ford Saltown, regarding astter to Major General

necessary alterations made to them.._

I have the honor

же

( Signca) G. A. Malcolm Secretary of Digation

(Tone Copy)

Secretary of Segation

405

No 29, of 1842.

Inclosure No4 in despatel

1157 Nongthong.

NOV 13

1843

406

Foreign Office, kovember 11. 1865.

15. Mod. [p. Letters & Fripe ff.

So.

request that

divaled

you.

The Parl

Aberdeen to

will acquaint hard Stanley,

that Sie tuny Pollinger in his late despatches exprepes a strong opinion that it would neither be necessary desirable to exclude Bilish Pipels

lading

nor

in Opium from Hongkong Harbor,

or its water.

tin Henry Pottinger statiol

this opinion to the Chinese Pleinipotenting

Memorandum dated the 8t

July lach, and

lach, and in that paper

expreped a chong opinion that the exclusion of those Vipels would only L. Hope Egle

لليلية

repliente

Bussport

Landed from "Moira "

Burrell, regarding artzin Wermen and childrew being Letter to Major Emeral

8th June 1842.

مئذ

407

add to the wil of the present state

of things, adducing

support of

that opinion observations and arguments

which

Cogent and

appear

to tond Aberdeen bobe

appears

Henry Pothinges

much

weight.

Moreover

is still in

that sin

communication

with the f kiness Authorities with the

view

the

of offecting the legalization of

Арини

hade in some way

othes;

and that he does not despair of

seness.

to the instructions.

the subject

　　　A reference tie Kenny Pollenzen of the oprim hade, contained in

this

the Extint

And Aberdeen's despaleto 2.7.

of the 1st of January last, which was communicated to the folenical office

the

I of that mouth, will show Lord Stanley which the question of the

the terms in which the

rent of Opinien Vesels to Hongkong

was

in that despalete. But, an

heated

y in

further consideration

the subject,

Lord Aberdeen conceives that it might

be expedient to pay

due regard

bothe

lti

observations of the theney Pothinge

point, and to authoug him Bauspend

for the present any

the exclusion

measures.

of Opium Vesels from

Jor

the

Waters and Harbour of Houghing, if he

should

میدانه ای

　　should think it expedient. I am therefore buquest that, this opinion thoud Stauly;

Lowship should concer

A you

to do.

will sutrint

and, if

this

init, hond Aberdeen

will without delay instruct his Henry Pottinge

Lam, Sie,

Wthat effect.

Your

most obecent

had

I night in afing that how Manity

with Lord Alber

with concer

humbleberat

Michelington

گاه

1. Abbiestion of

Addington

Tomanded by

Mr. Hope Persisten

Hongkong.

15. her

15 des

408

Berning thick Donning

15. hov. 1843.

Sam ducted by List

Cortate in

autor:

E gone letter of the 11. mit.

relative to the surfeusion.

of measures

of Opcer.

2.21

for the exclusion

Vefele from

the Waters & Starbens.

Curs

that be

instructions

the use

thered tube what

bul

Aberdeen properes to send to Sun 4. Pottenger

Intest

antie

Shaved

NDE

201

409

hove 24.

1867

Sir

Rong.

1282 Hong

Treign Office

RECEIVED

NOV.30 1843

hovember 30. 1843.

410

I am directed by The Earl of Aberdeen

to transmit to you

herewith; for the

consideration of Lord Stanley, a copy of a

Report from the Law Officers of

Mes Cown

upon certain Proclamations issued by Sir

Henry Pottinger

on the 10th and 20th of June last, for the establishment in Hongkong.

of the Court prescribed by the bider in Council of the 4th of January 1843, and

for

the regulation of the Proceedings connected - with that Court. I also inclose a Copy of Sir Henry Pollinger's despatch covering

G. W. Hope Eeg.

К......

the

411

"the Proclamation in question ; and, referring

you

at the same time to the instructions

and Commission's addressed to Sir Henry

Pottinger which were communicated to

m my

letter of the 6th

you

of the 6th of September last, I

am to request that;

4 you

will state to Lord

Stanley that Lord Aberdeen would be,

be glad

to receive His Lordships opinion as to the course which, under the circumstances stated by the Law Officers, may now be most convenien adopted.

دے سکتا

am.

Sir,

Your

most obedient-

humble, Servant,

Alled doing trom.

NDE

to see me on

hd. Chaffman

objession which the.

Funday we be

ond at the Foreign

of Uhris Letter.

them as

iffen if he could latre the Nouble

Monday or

Perday, although

the perfre. It seades to me that the

of the Crown usw molle to the Rider

under their notice at the

unimportant

Copy

ho67

My Lord,

412

1282 Hongtang

NOV 30 1848

Government House Hongkong. Seve 22. 1843.

I have the honour to forward Copies

tivo Roclamations with their accompanime

which Sissued

ли

the 1st and 20th Pasto

Establishing

a Court of Justice with Eriminal and Admiralty Surisdiction at Hongkong and have to beg that your Lordship will be pleased to respectfully subuck the Rules of Practice and Proceeding, which have shamed to the Queen for Her Majesty's gracious affrotation

or disallowance.

H. Mis. foot will observe that in the avomalous position in which the Chief the Judge of Supercietendent stareds as

the Court, I have studied, as far as

practicable

The Earl of Aberdeen K. T.

　　practicable to exclude that Functionary from all participation in any of the Roceedings previous to the actual trial before the Court, and I can only briest that Whilst & have Endeavoured to reuder the

Auler of Practice and Proceeding as little technical as possible they will be considered

such as are suited to ensure the rads

of Justice.

　　　Shave prepared a list of British subjects who I am about to houvenate to be Her Majesty', dustices of the Prace in China, and shall have the honour of forewarding it to

5 your Lordship by the

next opportunity.

I have

(signed) Henry Pottinger

413

NDE

•Copy=

My. Lord,

are

Commands.

1282. Hongshang

Doctor's love a

November 1843

184343.-

honoured with four Lordships inn Mr. Addington's letter

signified int

therewith∞

of the 4th burstant; stating that he was directed to tracesuit to be there with a despatch from Sir Henry Pottinger Meloxing a

Proclamation issued by him for the extablishment of a Court of Justice at

Houghtong, with friminal and Admiralty durisdiction, together with Rules of practice and Proceeding in the same in pursuance of the orber

of Her M

Majesty an Council

"an Council of the 4 oh

January

1843; and to request that we

would at our Earliest convenience.

report to your Lordship any

which

may

Lordship any observations

Thereupon..

occur tour.

Mr. Adddington incloses at the same time the abt of the castlepion of Parliament for the better foot of Her Majesty's subjects recorting to China in

The Earl of Aberdeen K. 7.

hout

pursuance

copy

Sir Henry Potteringer Hong Kong Jone 22.1843.

2.67

415

pursuance of which a commission was sent to die Henry Sottinger in September last, authorizing hein to- Exacl laws for the government of ther Majestys subjects in China; and also an order of Her Majesty in Council of the 2nd of October founded upon the powers vested in Her Majesty by that-

bet.

are

In obedience to J. Lordship's commands We have taken these papersunto Consideration, and have the honour to report that we of opinion that there are weavey pornts connecter with this subject which appear tous to require, grave consideration, before foot can be advised to sanction the- Regulations in question. They affear

to be made ou

which we

Sour H. Mr.

require sou

the 20th of June 1843,

apprehend

was

after

the

Complete Cession of the baland of houghing totter majesty, and when

therefore

៤

therefore it had become a part of The Loviinions

the British frown.

and they appear to be intended for the preservation of the Peace and the apprehension and trial of offences

Within that Selaced

The first point therefore tobe considered is whether the Chief

Superintendent by whome alone they appear to be made had

Daly authority to make such Regulations. The authority under which he professer

to act are the orders in Council of the 9th of December 1855 and the 4th of January 1843, but these Orders in Council having been issued before the Cession of Hongkong to the Milish frown they could in strichness coufer no 1 power

power upon hein except what was derived from the statute grov 4th Will TO C. 93. By the digth section of that bet a

　　　　　　　　　　　As the Crown to Rower is given Create a Court of Justice for the trial

of offences committed by Pritied subjects within the British Chinese docccinions, or within

one hundred miles of the Coast,

of the

to the

and to appoint one Superintendents to be the Officer

that Court, and other officers to execute the proces, but it does not give any authority Crows to depute to the Superintendens the power of making suct Laws and Regulations as are how before us, and which indeed could only

effectually Legislative

ade by

416

competent.

lative Authority. It appears to bes therefore to be extremely questionable Even if the Island of Hong Kong had remained a part of the Chinese Dominions whether the Superintendent would have had legal Authorit

any to make the Regulations in question. But another question ofserious importance ariser from the fact of brughong being how a part of tho

Her Majesty :

dominions

and the

provisions therefore of the Matule 3rd 4th Will: I being no longer

applicable to it that statute Extending only to offences

committed within the

the High

Chinese dominions or on

Seas within a certain distance of the Chinese Coast. We therefore afferetted not only that these Regulations

are

Order

virtue

:of

are made by incompetent authority, but that it is essentially necessary ared proper that the Court itself (now that the Cession is complete

　　　　　　newly should be

constituted for the trial of Offences within that Selaced. This may be done by aw

the Rueen in Council in Her Legislative Power over of a ceded Territory, and by the same authority all the necessary and Regulations may be made; and the durisdiction of the Court within the deland of Honghong ought not. appears to us to be confined to offences committed by Kritish subjects, should have cognizance like

the Queen's Courts of all offences

one in that

other

comaritted by any

ши

Kart

is within its

Aules

tit

any

the Queen; domcisions which - jurisdiction unless there any thing in the treaty with t

the

Emperor

417

Emperor of China torxclude his debut from trial before a British Tribunal.

In addition however to the ordinary powers which thes Court should have the Queen's Courts within the Queen's dominions it seems also tobe intended that it should be the Court

as one

for the trial of offences committed by Mitich subjects within the dominions of the

the Emperor of China

and if this be so we think that it will be necessary to provide more Effecterally for the exercise of this Surisdiction and for the arrest and desention proffenders within the Chinese dominions and the

bringing them before the Court for trial The Stabite 6th 7th Vic.

f they C. 80 confers very extensive Powers on ther Majesty with respect to her subjects in China, and

ceader

act

under the provisions of that it appears tours that the required

Regulations may

таз

We have to

be made.

(ligned) I. Godson

Red. Pollock

hm Follett

PROCLAMATION

HIS EXCELLENCY, SIR HENRY POTTINGER, BART, G. C. 1843ef Superintendent of the Trade of British Subjects in China, &c., &c., directs that the annexed Copy of a Despatch, dated the 4th of January, 1843, from Hera- jesty's Principal Secretary of State for Foreign Affairs, together with the Order of Her Majesty in Council, referred to therein, be Published for the Information, and Guidance of all British Subjects, who are Required and Enjoined to pay Due, and Implicit Obedience to the said Order in Council.

GOD SAVE THE QUEEN. Dated at the Government House, at Hong-Kong,

this 1st day of June, 1843.

[Copy-No. 21.]

SIR,

HENRY POTTINGER.

FOREIGN OFFICE,

JANUARY 4, 1842.

I transmit to you, herewith, for your information and guidance, a Copy of an Order of Her Majesty, in Council, providing that the Court of Justice, with Criminal and Admiralty Jurisdic- tion, which was appointed by an Order of His late Majesty, in Council, dated the 9th of Decem ber, 1833, to be held at Canton, in the Dominions of the Emperor of China, or on board any British Ship, or Vessel, in the Port or Harbour of Canton, shall henceforth be holden in the Island of Hong Kong, and have Jurisdiction for the trial of Offences committed by Her Majesty's Subjects, within the said Island, and within the Dominions of the Emperor of China, and the Ports and Havens thereof, and on the High Seas within one Hundred Miles of the Coast of China,

I am, with great truth and regard,

SIR,

Your most obedient humble Servant,

(Signed) ABERDEEN. SIR HENRY POTTINGER, BART, G.C.B.,

&c., &c. &c. RICHARD WOOSNAM.

(Truc Copy)

AT THE COURT AT WINDSOR, THE 4TH DAY OF JANUARY, 1843.-PRESENT, THE

QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

1282. Hongkong

And whereas, in pursuance of the said Act, and execution of the powers thereby in His said late Majesty in Council in that behalf vested, it was by 'an Order dated the 9th day of December, one thousand eight hundred and thirty-three, ordered by His said late Majesty, by and with the advice of His Privy Council, that there should be a Court of Justice, with Criminal and Admiralty Jurisdic- tion, for the purposes aforesaid; which Court should be holden at Canton, in the said dominions, or ou board any British Ship or Vessel in the Port

or Harbour of Canton; and that the said Court

should be holden by the Chief Superintendent, for the time being, appointed, or to be appointed, by His said late Majesty, under and in pursuance of the said Act of Parliament: 12

And whereas it is expedient, that the said Court of Justice should henceforth be holden in the Island of Hong-Kong; now, therefore, in further pursu- ance of the said Act, and of the powers thereby in Her Majesty in Council in that behalf veed, and of all other powers to Her Majesty belonging or in any wise appertaining, it is hereby ordered by Her Majesty, by and with the advice of Her Privy Council, that the said Court shall henceforth be holden in the Island of Hong-Kong; and that the same shall have, and exercise jurisdiction for the trial of offences committed by Her Majesty's Subjects within the said Island and within the Dominions of the Emperor of China, and the Ports and Havens thereof, and on the High Seas within one hundred miles of the Coast of China: and it is hereby further ordered, that the said Court shall be holden by the Chief Superintendent, for the time being, appointed, or to be appointed, by Her Majesty, under, and in pursuance of the

said Act:

And Her Majesty, by, and with the advice of Her said Council, doth hereby confirm in all other respects the said Order of His said late Majesty in Council, dated the ninth December, one thousand cight hundred and thirty-three.

And the Right Honourable, the Earl of Aber- deen, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.

(True Copy)

C. C. GREVILLE. RICHARD WOOSNAM.

GOVERNMENT NOTIFICATION.

WITH reference to the preceding PRO- CLAMATION, under date the 1st instant, the following Copy of the Order in Council, by His late Majesty, King William the IVth, under date the 9th of January 1833, is published for General Information.

By order,

RICHARD WOOSNAM.

Government House,

WHEREAS, by an Act of Parliament, made Hong-Kong, 3rd June, 1843.

and passed in the Session of Parliament holden in the third and fourth years of the reign of His late Majesty King William the Fourth, intituled "An "Act to regulate the Trade to China and India,"! it was, amongst other things, enacted, that it should and might be lawful for His said Majesty, by any such Order or Orders as to His said Majesty in Council should appear expedient and salutary, to create a Court of Justice, with Criminal and Admi- ralty Jurisdiction, for the trial of offences commit- ted by His said Majesty's Subjects within the Dominions of the Emperor of China and the Ports and Havens thereof, and on the High Seas within One Hundred Miles of the said Coast of China; and to appoint one of the Superintendents, in the said Act mentioned, to be the Officer to hold such ourt, and other Officers for executing the process thereof:

418

་ "

419

BRITISH ORDER IN OUNCIL, appoint- ing a Court of Justice at Canton, for the trial of Offences committed by British Subjects in China-9th.

7. 1833.

AT THE COURT AT BRIGHTON, THE 9TH DAY OF DECEMBER, 1833,-PRESENT, THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS, by a certain Act of Parliament

made, and passed in the third and fourth year of His Majesty's reign, intituled " An Act to regulate "the Trade to China and India," it is, amongst other things, enacted, that it shall, and may be lawful for His Majesty, by any such Order or Orders as to His Majesty in Council shall appear expedient and salutary, to create a Court of Justice, with Criminal and Admiralty Jurisdiction, for the trial of Offences committed by His Majesty's Sub- jects within the Dominions of the Emperor of China, and the Ports and Havens thereof, and on the High Seas within 100 miles of the Coast of China, and to appoint one of the Superintendents in the said Act mentioned to be the officer to hold such Court, and other officers for executing the process thereof; now, therefore, in pursuance of the said Act, and in execution of the powers there- by in His Majesty in Council in that behalf vested, it is hereby ordered by His Majesty, by and with the advice of His Privy Council, that there shall be a Court of Justice, with Criminal and Admi- ralty Jurisdiction, for the purposes aforesaid, which Court shall be holden at Canton, in the said Dominions, or on board any British Ship or Vessel in the Port or Harbour of Canton, and that the said Court shall be holden by the Chief Superin- tendent for the time being, appointed or to be appointed, by His Majesty under and in pursuance of the said Act of Parliament:

And it is further ordered, that the practice and proceedings of the said Court upon the trial of all issues of fact or law, to be joined upon any indict- ments or informations to be therein brought or prosecuted, shall be conformable to, and corre- spond with the practice and proceedings of the Courts of Oyer and Terminer and Goal delivery in England, upon the trial of such issues in such Courts, so far as it may be practicable to maintain such conformity and correspondence, regard being had to the difference of local circumstances; and especially it is hereby ordered, that every such issue of fact, or of mixed fact and law, shall be by the said Chief Superintendent for the time being, and a Jury of twelve men, and that upon every such trial, the examination of witnesses for and against, the party or parties charged shall take place viva voce, in open Court; and that the sen- tence or judgment of the said Court upon every such trial, founded upon the verdict of such jury, shall be pronounced in open Court, by such Chief Superintendent as the presiding Judge thereof.

And, whereas, it will be necessary to frame and prescribe rules of practice and proceeding to be observed upon all such prosecutions, in order to ascertain how far the same can be brought into conformity with the practice and proceeding of His Majesty's Courts of Oyer and Terminer and Goal delivery in England, and how far it may be necessary to deviate from such practice and pro- ceeding by reason of the differences of local cir- cumstances it is, therefore, further ordered, that such Chief Superintendent for the time being, shall be, and he is hereby authorised, from time to time, but subject to the provisions aforesaid, to promulgate all such rules and practice and pro- ceeding as it may be necessary to adopt and fol- low, upon, or previously to, the commitment of any person to take his trial in the said Court, and respecting taking of bail for the appearance of such person at such trial, and respecting the form and manner of preferring and finding indictments, and of exhibiting criminal informations against any persons charged with any crimes or offences before the said Court; and respecting the manner of summoning and convening Jurors for the trial of such indictments, or informations; and respecting qualifications' of such Jurors, and the mode of summoning and compelling the attendance of witnesses; and respecting the process of the said Court, and the mode of carrying the same into execution; and respecting the times and places of holding such Courts, and the duties of the re- spective Ministerial Officers attending the same, whom he is hereby authorised to appoint provision- ally, subject to His Majesty's approbation; and also respecting every other matter and thing con- nected with the Administration of Justice therein which it may be found necessary to regulate:

And it is further ordered, that all rules so to be promulgated as aforesaid, shall be binding and take effect from the respective days of the dates thereof, but that the same shall, by such Chief Superintendent, be transmitted to one of His Majesty's Principal Secretaries of State, for His Majesty's approbation or disallowance, and that any such rule shall cease to be binding, or to have any force or effect, from and after the time of which his Majesty's disallowance thereof shall be made known to the Chief Superintendent for the time being:

And it is further ordered, that a record shall be duly made and preserved of all the proceed- ings, Judgments and Sentences of the said Court, which record shall be retained in the custody of an Officer of the said Court to be by the Chief Superintendent specially charged with the performance of that duty:

And the Right Honourable Viscount Paliner- ston, one of His Majesty's Principal Secretaries: of State, is to give the necessary directions:

in accordingly.

C. C. GREVILLE.

RICHARD WOOSNAM

(True Copy)

NOV 30 1847

1282. Angking

relevant to the charge against him, in explanation or defence of his conduct; but he is at the same

time, to be warned not to say any thing that may

criminate himself.

PROCLAMATION. WITH reference to the Proclamation pub- lished under date, the 1st of June, 1843,

RULE 5th-Should it plainly appear to the the following Rules of Practice and Pro- Examining Authorities, that the alleged offence has ceeding, in the Criminal and Admiralty not been committed by the person accused, or, Court of Hong-Kong, are promulgated for that where committed, the offence is of so trivial a general information, and are to be con- nature as not to require bail, the accused is to be sidered in force from the date hereof, until discharged, leaving the matter to be investigated by the Chief or Assistant-Magistrate, or other the same shall be disallowed by command inferior Court; but, where in the opinion of the of Her Majesty, or shall be set aside, or modified, by competent authority.

GOD SAVE THE QUEEN.

HENRY POTTINGER,

CHIEF SUPERINTENDENT. Dated at the Government-House, Hong-Kong, this 20th day of June, 1843.

SECTION I.

OF ARREST.

Examining Authorities the offence is sufficiently established, and of a nature requiring the detention of the accused, he is to be kept in safe custody till the examination can be submitted to the Chief Superintendent, (or such Official Functionary as he may depute to act for him) for final diposal. [See Appendix No. 2.]

RULE 6th-Examining Authorities are to con duct their proceedings on oath [see Appendix No. 3.,] and are to have the like power of sum. moning witnesses (being British subjects) as is herein vested in the court [See Appendix No, 4., for Form of Summons.]

RULE 1st-No subject of her Majesty shall be arrested for trial within this jurisdiction, unless RULE 7th-British subjects refusing to attend on charged upon oath, by one or more credible per- the summons of examining Authorities, to be son, or persons, before the Deputy-Superintendent, liable to the Penalties herein after provided, for or before the Chief Magistrate of Hong-Kong, or failure of attendance when summoned before the before any two of her Majesty's Justices of the court.

Peace, with such an offence as would justify the individual so charged, being, when apprehended, committed, or held to bail.

SECTION III.

OF BAIL.

RULE 2nd-Arrest may be made in two ways. RULE 1st-The Chief Superintendent, Deputy- First-By Warrant under the hand and seal Superintendent, or other official functionary to of the Authorities named in the preceding Rule. whom the case may be remitted, agreeable to (See Appendix No. 1.)

Rule 5th of the preceding Section, to have the Second-By verbal order of the Deputy- like power in respect to Bail as appertains by law Superintendent, or the Chief Magistrate of and usage to the Court of Queen's Bench, in Eng. Hong-Kong, or by any single Justice of the land; and in the event of refusal, or of unneces- Peace in the event of any subject of her Majesty sary delay, in the case of a bailable offence, to be committing (or being apparently about to com- liable to like penalties as Magistrates in England. mit) a dangerous breach of the peace in their respective presence.

RULE 3rd-All persons charged with the execution of Warrants of Arrest within this juris- diction, to exercise like authority, to be entitled to like immunities, and to be liable for unlawful proceedings, to like liabilities, as persons executing the warrant of the courts of Oyer and Terminer in England.

SECTION II.

OF COMMITMENT. RULE 1st-When a person charged with a crime or offence shall be arrested within this jurisdiction, he is to be as speedily as possible brought before the Authorities named in the war. rant, for examination.

RULE 2nd-Authorities conducting examina- tions, in the first instance of accused persons, are not subsequently to take part in any capacity whatever, in the trial before the court, of such

persons.

RULE 2nd. If the accused person cannot find Bail, he is to be committed by Warrant (as in the case of offences not bailable) to take his trial before the Court for the offence with which he stands charged [See Appendix No. 2, for Warrant of Committal.]

RULE 3rd,-The principle and practice of the Law of England to obtain, as far as possible [with reference to local circumstances] as to the period within, which a prisoner should be placed on his trial, and likewise as to the period within which Prosecution for offences committed within the Court's jurisdiction should be instituted.

SECTION IV.

OF PROSECUTION. RULE. 1st. In all cases coming within the jurisdiction of the Court, prosecution is to be by way only of a Bill of Indictment found by, and presented on, oath by, a Grand Jury. (See Ap- pendix No. 5.)

RULE 2nd.--It shall be the duty of an officer of RULE 3rd.-On the examination of accused the Court, who is to be designated the Recording persons, when arrested within this jurisdiction, the Officer, to return on each Session, the names of testimony and information of all individuals having twenty good and loyal subjects of her Majesty to any knowledge of the alleged crime are to be act as Grand Jurors, and to do and execute all carefully taken down in writing, and on oath, in things on the part of our Sovereign Lady the the presence of, and subject to cross examination

them.

by the accused. (See end of the Appendix N.B,) Queen, which shall then be legally required of RULE 4th-The person accused to be allowed RULE 3rd-Not less than fifteen, and not more to state any thing he likes, provided it be strictly

420

than twenty Grand Jurors shall be sworn at each Session. [See Appendix No. 6, 7, and 8.]

RULE 4th-The proceedings of the Grand Jury to be conducted generally according to the prin- ciples and practice of the courts in England, and in the finding of a True Bill on any Indictment, twelve of the jurors at least must concur.

RULE 5th-The following persons may be exempted from serving on the Grand (or Petty) Jury, without incurring penalties on proper repre- sentation being made to the court, and claiming the immunity.

1st. Persons above sixty, and under

one years of age.

2nd. Sick Persons.

3rd.

shown, to be determined by the court. [See Ap- pendix No, 12, and 13.]

RULE 3rd-The trial to proceed, and evidence both for the prosecution and defence to be received, and recorded, as far as local circumstances will permit, agreeable to the practice of the courts of Oyer and Terminer in England. [See Appendix No, 14.]

RULE 4th Should it be found impossible to conclude any trial in one day, the court to exer- cise the power of adjourning without confining the jury; but in that case the jurors shall be sworn twenty-neither to speak themselves to any person except one of their own number, nor to allow (without representing it to the court) any person to speak to them, on any matter touching the trial."

་

Surgeons and Physicians. 4th. Officers in the employ of Government, having other urgent Duties to attend

to.

SECTION V.

OF PROCESS.

RULE 1st.-Sessions to be proclaimed from time to time under the authority of the Chief Superin- tendent, and all Subjects of her Majesty con- cerned therein, or specially summoned to attend accordingly. (See Appendix No. 9.)

RULE 2nd. The Court to have the like power, and to pursue the same method, as the Courts of Oyer and Terminer in England, to secure the at- tendance of defendants, or accused persons, who are not in actual custody.

RULE 3rd.-Arraignment to be in the manner, and agreeable to the Rules of the Courts of Oyer and Terminer in England.

RULE 4th.-If the accused person refuses to plead, or confesses the fact, the Court to proceed in either case agreeably to the practice of the Courts of Oyer and Terminer in England.

SECTION VI.

OF PLEAS, AND GENERAL ISSUE. RULE 1st.-Pleas to be allowed to persons accused before the Court, according to the prac- tice of the Courts of Oyer and Terminer in Eng-

land.

RULE 2nd. The accused shall be entitled to request any person, being a British subject (and having the sanction of the Court) to support, on his behalf, any plea or point of Law that the Court may think proper to allow to be debated.

RULE 3rd. In any instance coming within the preceding Rule, the Court will be guided by; and decide with, special regard to the general authority and intention of the particular Law and Orders of Council, under which, and the objects for which, the Court has been erected.

SECTION VII.

OF TRIAL. RULE 1st The Recording Officer of the court will at every Session return a panel of not less than twenty-four British subjects, to the end that twelve thereof may sit as a Petty Jury, to hear and deter- mine between our Sovereign Lady the Queen and any prisoner placed for trial at the Bar of the court, for offences committed within the jurisdic- ⚫tion of the court. [See Appendix No. 10 and 11.]

RULE 5th-In the event of any person speaking to, or trying in any manner, to tamper with any jury-man, in contravention of the preceding Rule, the court will punish such person summarily by fine or imprisonment, (or both) at its discretion.

RULE 6th-In cases of illness or death of jurors, the court will proceed agreeable to the practice of the courts of Oyer and Terminer in England.

RULE 7th-The verdict of the Petty Jury to be found and pronounced agreeable to the practice of the Courts of Oyer and Terminer in England: that is, by the unanimous voice of the Jury.

RULE 8th. The Court to have the power of remarking on the Verdict-should it see cause to do so and allowing the Jury after such remarks, to retire and reconsider their Verdict.

RULE 9th. When the prisoner is found guilty, sentence is to be passed by the Chief Superintend- ent in the manner laid down in the Order in Coun- cil; and when the prisoner is. acquitted on the merits of the charge, he is to be instantly discharg ed, and is to be proclaimed to be for ever free, upon that accusation.

RULE 10th.-But when the prisoner is acquitted on an obvious and admitted defect in the proceed- ings, and the acquittal cannot be pleaded, the prisoner may be detained in safe custody by a fresh Warrant of the Court, to be re-indicted in such a manner as may meet the like ends of Justice.

SECTION VIII.

OF THE ATTENDANCE OF JURORS AND WITNESSES. RULE 1st.-Any Subject of her Majesty (not specially excused under Rule 5th of Section IV.) who, having been duly summond by the Record- ing Officer (see Appendix No. 10), shall fail, with- out sufficient and satisfactory cause (certified sick- ness, for instance) to attend and perform his duties as a Grand or Petty Juror, shall be liable to a fine at the discretion of the Court, of not less than twenty dollars for the first omission, or less than fifty for the second, which sum shall be further increased at the pleasure of the Court, and be for the use of Her Majesty the Queen; and the Court shall have the power of enforcing all such fines, by confining the parties who are to pay them, till that is done.

RULE 2nd.-Any Subject of Her Majesty whose testimony may be considered necessary, may be bound over under sufficient surety, by the Exa- mining or Committing Authorities (see section II.) to appear and give evidence at the trial, of which RULE 2nd-Regard being had to Local circum- due notice will be communicated to such wit- stances, the prisoner shall have no privilege of nesses by the Recording Officer of the Court; and peremptory challenge, but only for good cause in the event of his failing to attend, he shall be

421

{་

fined (in addition to the amount of his Recog- nizance being estreated) as laid down for Jurors in the preceding Rule. [See Appendix No. 15.] RULE 3rd. In any urgent case where wit- nesses either for or against a prisoner are unavoid- ably forced to leave China previous to the trial of such prisoner, they may be examined on oath, in presence of the prisoner, by such Official Authori ties, or Magistrates as the Chief Superintendent shall nominate to discharge this duty; and such examination shall be recorded, and be held and taken, to be sufficient evidence on the trial to which it relates the prisoner always having the advantage of any doubt or omission, that may be discovered in such examination when it is produced before the court. [See Appendix No. 16]

RULE 4th Citizens or subjects of Foreign States' not resident on HongKong(after the island has been declared a British Colony) whose evidence may be necessary or desirable on any trial, are to be requested by the Recording Officer to attend the court, for the furtherance of the ends of justice: but failing to do so. the Jury is to deliver its Ver- dict on the evidence that may be adduced before it. RULE 5th-In all cases where Citizens, or Subjects of Foreign States may be permanently resident on Hong-Kong [after the Island shall be declared to be a British Colony] they will, of course, be subject to the same laws and entitled to the like protection of them, as her Majesty', sub- jects, and as such they will be held amenable to the authority of the court.

SECTION IX.

OF REPRIEVE AND JUDGMENT. RULE 1st-In all cases demanding sentence amounting to capital punishment, the prisoner will be respited, and by order of the court, kept in close and solitary confinement, pending the receipt of her Majesty's pleasure.

RULE 2nd-In all other cases the court will exercise its own discretion as to Judgment and Reprieve; being guided by the principles and practice of the law of England, and having the like powers that belong of right to the Judges of the Courts of Oyer and Terminer in England.

SECTION X.

OF PERSONS AMENABLE TO THE COURT. RULE 1st.-Regard being had to local circum- stances, and especially to the object for which the Criminal and Adiniralty Court in China, was first established by the Order in Council, of the 9th of December 1833, it is further declared, that for the present, and pending the receipt of Her Ma- jesty's gracious pleasure, no individual belonging to Her Majesty's Naval and Land Forces in China, and who is consequently subject to Martial Law, shall be considered amenable to the jurisdiction of the Court, orshall be arraigned before it

RULE 2nd.-All Subjects of her Majesty, not included in the foregoing Rule, and likewise all Citizens and Subjects of Foreign States perma- nently residing within the Colony of Hong-Kong, [so soon as it shall be declared a Possession of the British Crown] shall be considered amenable to- the Jurisdiction of the Court.

GOD SAVE THE QUEEN.

HENRY POTTINGER,

CHIEF SUPERINTENDENT.

422

423

APPENDIX.

No. 1. Form of Warrant of Arrest.

These are, in Her Majesty's name, to require you name of officer, or officers] to arrest and take into your custody, and bring before [name of exa- mining authority or authorities] A B, charged, on oath, with (brief description of offence, when and where committed) and for so doing, this is, and shall be, your lawful Warrant.

Signed

Date, and place

No. 2. Form of Warrant of Committal.

These are, in her Majesty's name, to require you [name of person to whose custody committed] to detain in safe custody A B, herewith sent to you by me [or us, as the case may be] charged upon oath, with [brief sketch of offence, when and where committed] and for detaining the said A B in safe custody till he be delivered in due course of Law, and released by competent authority; this is, and shall be your lawful Warrant.

Date and place

Signed

No. 3. Oath to be taken by Examining

Authority, or Authorities.

1, [name, &c.] do swear that I will, well, truly and impartially, according to the best of my skill and understanding, examine into, and investigate the charge now made against A B; that he [brief sketch of offence, when and where committed] and will state my opinion, in writing, as to the truth or otherwise of said charge, without fear, favour, or affection-SO HELP ME GOD.

Sworn before me Signed

Date and place

No. 4. Form of Summons.

In the Queen's name take notice, that you are hereby summoned to appear withont delay, before me [or us, as the case may be] to depose and speak to what you know of a certain charge made in Her Majesty's name, against A B.

To CD

Date and place

Signed,

No. 5. Form of Indorsement.

The Jurors for our Sovereign Lady, the Queen, upon their Oath present A B [name and designation to be particularly defined not having the fear of God before his eyes, but being moved and insti-

day of gated by the Devil, did on the

, feloniously, wil- in the year of our Lord, 184 fully [here enter detailed description of crime &c.] against the peace of our Lady the Queen, her Crown and Dignity.

Indorsement.

If found-.

If otherwise-

A true Bill -Not found

CITO.

N. B.-Indictments will always be prepared by the Recording Officer of the Court, according to

the circumstances of the case.

No. 6 Form of Oath to Foreman of

IC the Grand Jury. Mr F E, You, as Foreman of the Grand In- quest, for this Jurisdiction, shall diligently inquire and true presentment make, of all such matters and things as shall be given you in charge. The Queen's Counsel, your fellows, and your own, you shall keep secret; you shall present no one from envy, hatred, or malice; neither shall you leave any one unrepresented for fear, favour, affection, gain or reward, or hope thereof. But you shall present all matters and things truly and faithfully, as they come to your knowledge, according to the best of your skill and understanding-SO HELP YOU GOD...

་

No. 7. Form of Oath to the other Grand Jurors.

The same Oath your Foreman has taken on his part, you and every of you shall truly and faith- fully observe and keep on your part, SO HELP YOU GOD.

No. 8. Form of Oath to Witnesses before

the Grand Jury.

The evidence you shall give to the Grand Jury upon this' Bill of Indictment shall be the truth, the whole truth, and nothing but the truth-SO HELP YOU GOD.

No. 9. Proclamation.

Notice is hereby given, that a Session of the Court of Justice, with Criminal and Admiralty Jurisdiction, for the trial of offences committed by her Majesty's subjects on the Island of Hong- Kong, or within the dominions of the Emperor of China, and the ports and havens thereof, and on the high seas, within one hundred miles of the coast of China, will be holden at Hong-Kong, on the 184 by 10 o'clock in the forenoon of the said day, and all manner of persons that are specially summoned, or that have anything to do before the said Court, are re- quired to be then and there attending. By order of the Court, Signed

day of

Hong Kong, 184

Recording Officer.

No. 10. Form of Summons to Jurors. In the Queen's name. Take notice that you are hereby summoned to serve as (Grand, or Petty Juror, as the case may be) at the Sessions of the Court of Criminal or Admiralty Jurisdiction, to be held at Hong-Kong, on the

day of Signed FG

"To JK LM, &c.

Recording Officer

No. 11. Form of Oath, to Petty Jurors. You shall, well and truly, try, and true deliver- ance make, between our Sovereign Lady the Queen, and the prisoner at the bar, whom you

NDE

shall have in charge, and true verdict give, accord- ing to the evidence which you shall hear touching the charge against the prisoner-SO HELP YOU GOD.

No. 12. Form of Oath to Challenged Petty Jurymen.

You shall true answer, make, to all such ques- tions as shall be asked of you by the Court [or by the persons appointed by the Court] touching the Challenge which the prisoner at the bar has made in your name.-SO HELP YOU GOD.

No. 17. Form of Supana to Witnesses. In the Queen's name, take notice, that you are hereby required to lay aside all pretences and excuses whatever, and to appear before the Court of Criminal and Admiralty Jurisdiction, in your proper person, at the Sessions, to be held at Hong- Kong, on the

day of to the truth, and give evidence, upon the trial of

for

and this you are not to omit, under the penalty of not ex- ceeding $200) at the discretion of the Court.

Signed, Date and Place.

Recording Officer.

to testify

No. 13. Form of Oath to Triers of the following Forms are to be used in examination N. B, With reference to Rule 3 of Section II,

Challenged Jury-men.

You shall and will truly try, inquire, and declare to the Court whether N. P. [the Challenged Jury- man's name &c. to be inserted.] stands indifferent between the parties to this issue-SO HELP YOU GOD.

No. 14. Form of Oath to Interpreters (when required.)

You shall true Interpretation make of the evidence between the Court, the Jury, and the Prisoner at the Bar, according to the best of your skill and understanding SO HELP YOU GOD.

This

184

No. 15. Form of Surety Bond.

day of 2

P. N. (Name of Person bound over) did come before me, (or us, as the case may be) and acknowledge that he was indebted to our Sovereign Lady the Queen, in the sum of $

if he, the said P. N., should fail in attending personally to give evidence at the next Session, to be holden at Hong-Kong, in a certain charge against A. B. And if the said P. N. shall duly attend and give evidence, and shall not depart without the leave of the Court, then this Recognizance.is to be void, or else to remain in full force.

Date and Place.

Signed,

of prisoners before trial.

Form of Oath to Witnesses. You shall true answer make to all such ques- tions as shall be demanded of you-SO HELP YOU GOD.

pe for ev

(

Form of Recording Deposition of

Witnesses.

TO WIT. The examination of G H [residence and profession, taken on oath, this

day of

before me, or us, in the presence and hearing of A.B, charged with loffence described as in the Warrant of Commitment which said GH saith as follows. The very words used by the witness, are as nearly as possible to be inserted, and also the very words of all questions put to him. The witness to be asked to subscribe his name to the deposition, though it is not absolutely requisite, to establish its validity.

Taken before me, or us, this

day 184

MJM, LGJICK

6 DISC

Form of Examination of the accused [not to be on Oath]...

2011.

TO WIT. The Examination of A B, residence

of and profession taken this day before me, or us,

The said AB being charged with offence

No. 16. Form of Authority to examine described in the Warrant of Commitment on his

Witnesses.

In the Queen's name, these are to authorize yo (Names of Examining Authorities) to call before you (Names of Witnesses) and to examine them, after having duly sworn them to speak the truth, the whole truth, and nothing but the truth, as to the information and knowledge they possess in a certain case, pending between our Sovereign Lady the Queen and A. B. [Name of Prsioner] who stands charged with Crime, when and where committed. And this examination you are to make in presence of the said A. B., and to allow him either himself, or through his Attorney, or other Person named by him, to cross examine the said Names of Witnesses) and the whole of your said examination and proceedings, you are to carefully record in writing, and transmit under your respective Signa- tures and Seals to me.

Date and Place.

201

CHIEF SUPERINTENDENT.

examination saith the very words to be put down that the accused uses.

If the accused remains silent, or refuses to say any thing in his own behalf, the Examination should close with,

And the Witnesses against the said A B having been examined in his presence, the said A B is now asked by me or us if he wish to say anything in his own behalf, whereupon, the said A B answereth Nothing, or saith" Entering his very words.

If the accused wishes to call witnesses, they may be examined on oath, like the witnesses against him.

When there are more than one person accused, they ought to be examined apart, and to be allowed

no communication with each other till the whole of the Examinations are finished.

HENRY POTTINGER,

424

425

{

426

RECEIVED Foreign Offices.

NOV.30

1343

November 30. 1843.

he. 101.

Son

am directed by The Earl of Aberdeen

to transmit to

you, for the information of Lord Stanley, a Copy of a Despatch which

His Lordship has addressed to Sir Henry. Pottinger, inclosing a Copy of a Letter from

to.

the Treasury stating withi reference certain Regulations promulgated by his Henry Pottinger on the 29th of March and 27th of April 1842, respecting the (viculating Medinim at Hongkong, that it is desirelle that Sir Hcury Pollinger, should be instructed to issue no further regulations

G. W. Hope Esq.

れ

the same matter without the

NDE

Соры

1283 Hong Kong27 Treasury Chambers.

28th november 20143

previon's sanction of the Secretary of State

for the Colonial Department.

I am, Sie,

your most obedient

humble Servant,

Allichadingfor.

C.O.

NOV 30

1847

the 30th

With reference to your Letter of the hlt: I am discited by the Lords Comms of Hits Treasury & acquaint you for the information of the Earl of Aberdeen that Sir #. Pottinger's Proclamation dated 27. April 1842, and his other proceedings connected with the circulating media in in Hongkong and other places in China in the occupation of A . M's Forces appear to my Lords to be judicions.

I am lowever to state that in their Lordships opinion it will be proper to instruct Sir H. Pottinger,

in accordance with the established

sule observed in all It : M's Colonies, not to make

or in

in ang

any future Regulations giving currency particular coins, or altering the rates at which particular coins are current, other way affecting the corculating medium, without having first received Her Majesty sanction conveyed

to him through the

Dr. M. Addington Erg

Secretary

NDE

fconstary of thate for the Colonies.

I am to be de

(Signed) C. E. Trevelyan

Сороч

W.101

Offric428

Freign Office.

30.

November 29. 1848.

I communicated to the Lords Come? of St. Mi Treasury a Copy of your despated 2.46 of the 10th of May last, containing the further explanation denied by Then Lordships respecting yours, Proclamation of the 27 April 1842, for regulating the piculating Mermin at Hongkong.

for will perceive from the accompanying

Letter from

Copy of

proceedings

from that Dept. that,

in this matter are

& your approved : but that for the reason stated therein, it in the wish of the Doard of Treasury that you should not make any further regulations of this description without the previon's sanction of St. Mi foot.

I have se

(Signed) Aberdeen

Fur H. Pottinger B. Geb

NDE

Copy

429

NDE

1 Der.

hd. Hole

See W. 1274

that this shr

de hat by

1338 Houston..

RECEIVED

DEC. 1 1 1843

Вчестве

430

Fasign Office, Beremben pare

1843.

28.1041

Sir,

I am directed by the last of Aberdeen to

transmit to

you

herewith,

for

the information

of Lord Stanley, a copy of a despalet which, in unsquences of

con

the observations

lained in the report of the Law Officest

b you

of the frown communicated to

the 30

of herember, and in conformity with what

paped

subsequent verbal communication

with them, ford Aberdeen addressed to

herd

Sie Henry Pottinger bytthe last Mail, respecting

write of Justice

of Justice the established

in Chinen. Jan, Sie.

Gr. D. Hope Life

June, morholadients

humble servant,

Allchsddington

431

and that lille to the AD con bodies what was

Mhard to

on the fo

taroud here abwick The Alte might you? Me diece Mellores I- W Hammeras were pincut ready

mafium our new.

pingsell -

Copy.

$10. 104.

Sir.

432

Foreign Office, December be

1843

Referring to my Despatch of

the 15th November 1843; ho 89.

have now to inform you-

the Law Officers of

that

The Crown.

have had under their

Consideration the regulations

published by you

last, inclosed

on the 20th June

your despatch

ho by for giving Effect to the

Order

The

of the

the Lucen in Council # January 1843. The their opinion

al result.

денегал

Sir Henry Pottinger Q.C.P

ہو

Anal

as Communicated in writing orally may be stated as follows. All powers recessary for the Establishment of Courts of Justice

whether for - national purposes,

Colonial on

regulating

And

inter-

the Constitution and

the proceedings of such Court, have been fully imparted to

you.

For the administration

of justice & all persons within The Queens allegiance at Song-

· Kong you

to provides by your Commission as Governor,

and

are Enabled &

the Instructions which

by accompany it.

For the -

administration

433

administration of Iuction of Her Majesty's Subjects in China and in the adjacent Seas, are enabled to provide by the

Statuto 6 &

47.

Viet:

cap

807

you.

and

ion and Instruction

The Commission

isued

in pursuance of that Statute. If the Orders in

Council of the 9th December 1839 of the 4th January 1843, or

2415

of the

1843., shouldh

24th of February 1843.,

any

Manner obstruct the

Exercise of the last mentioned

ал

authority, Her Majedy, by the Order of

October 2th 1843, has

Enabled you

that

over come.

difficulty

Inch

434

the state of

Such being the case, I cannot anticipate

that you with fired yourself

by any serious

Eu con

countered

impediment in arranging, for the future, whatever relates to the Courts, their powers, their proceedings. Technical questions and Enquiries as to the pioper mode of framing the requisite laws, with indeed but I understand that

arise;

The arran

you

　-gements for supplying with the recessary legal

　　advice, are already in action ризир pergup. When they

are

Completed

Completed you

with not only be in

possession of full powers, but of

несерату

Exercice of

Ands

for

the x

them.

In order to Exercise those powers with the greater Effect

your

it will be desirable that should abolish the Court Establish

at Hong-Kong

of Sansary

under the Order

last, and that you

should revoke the Regulations

issued for the guidance of that Court. Embarrassing questions be raised regarding may, perhaps, the sufficiency of

under which.

you

the Authority

have

" promulgated those Regulations,

and

435

and as to the Competency of

It is

the Court to take cognigance of any cases arising with in Hong Kong itself however needless for me to agitate those questions how. They with be best set at rest a new Exercise of the Powers

which

are now, beyond all

Controversy, beated in

you. assume indeed, that

before this Deepatch reaches

you, you

with probably, have

already had recourse

This mode of proceeding, in pursuance of the Instructions

Conveyed

Conveyed to you by Lord Stanley and by myself. I, therefore, think it needles and inconvenient to advise The Luce & call into Exercise Her Majesty's Authority for imparting validity

to the acts

you

have done under

The Order in Council of January

I am very

1843

desirous.

avoid the risk of creating

Confusion by simultaneous

the same subje

the Royal Authority and

legislation

by your

own

Until I shall

hear from you,

b the

you may

have

Course

which

actually

Actually taken, Her Majesty

with not be advised to take

Any step whatever on

the

subject. But if you should think it convenient that the

- Existing Orders in Council, or any of

them, should be x

revoked, to make way more

Effectually for the working of such Ordinances as your may have occasion to Enact, with the advice of your Legislation

Council, The Incen in Council

will be ready so to facilitate

that object.

In order to avoid.

-2

436

adding to the perplexity of a subject already involved in Fome obscurity, I have not confined

Myself strictly with in the limits.

of my

own

province,

but have.

adverted to your powers

ая

Governor of the Colony. of Houghing,

as well as to your powers

Superintendent of

in China.

are,

however,

со

the British Trade

ctions.

The two functio

ао

I need hardly

observe, Entirely distinct from

Each other, and the Courts which

You May Establish for purposes,

Colonial

and the Rules you

May lay down for

The guidance

such Courts, must also be

botatty

NDE

Adding

437

totally distinct from the Courto

& he established in your Capacity

ûs

Superintendent, and,

-from

the Rules which you may lay down for their guidance. I do not indeed mean to say that the two Tribunals should be Comprised of different persons,

held. at different places, proceed according to different Rules. The distinction to which Irefer is

grounded прои

different origin of the hoo

Isistitutions.

the

the Colonial Court.

being Established by a legislature

to which The Queen in the

Exercise

Her Prerogative

mmparted

Las

- Umparted that power _ the other Courts being Established in virtue of an Act of Parliament, and

being

such as

the Exercise of

The Crown in

its unaided

presogative, could not have

instituted.

Hence it will be

that each should

necessary

originate in a

separate Enactue

that

Single Ordinance

and

Thould not be made to be the

foundation of both.

In Each

case the Ordinance should

Expressly notice and recite

the foundation

which it

he built; and Even if the

May Rules of the two Tribunals should be identical, they

Must,

NDI

must, in form, be separate

Ясни фа

Signed, Aberdeen

Copy.

7.0. December 6.1843

To Sir Henry Pottinger

438

2821 China

CEIVED

C D

DEC 15

18+

Foreign Office,

Деселиви. December 14.1547

2439.

Sie,

· I

dimbed

The Carl of

you

Jor

the

Aberdeen to transmit to

information of Lord Stanly, a copy of a despatet for die HempPollinger,

intoring of a letter which he had

to W. Deputy Superintendent

addressed

Johnston, prohibiting him pon making

any grants of

Κω

Z. B. Hope Ge

Land,

any

the Seland of Hongking.

Jam, Sie,

You

most obedient,

Lumble Servant,

bearing

terins,

439

Сори

2.39.

Mylar,

Heam Frigate "Encen

off hanking. Sept. 7/ur

I have the honor & forward, for the information of 4. Misfort, a Copy of a letter which I have this day addressed to the. Johnston, repeating my prohibition against

any grant [ on any terms) of lands

on the

island of Hongkong until I shall be honored with your Lordships Instruction's

I have se

(signed) Henry Pollinger

The Earl of Aberdeen

........

440

Сори

We 152

Jon

Team Frigate Ineen

off hankung. Sept. 7/42

- conformation of the cession of the Gland of Hongkong to H. M: The Queen of England by the Emperor of China wito na doubt have the effect of adding greatly & the value of land of all kinds on the

Island and will make Individuals more.

dessions then even

grants or any

formerly, of obtaining

terms.

I therefne think it adrirable to

inform you,

that I intend to intimate to

4. this fort my determination not to modify

or alter a single order that is now in force, until I receive instinction's from Home, not only as to the terms on

on which new grants or allotments are to be made, but likewire with respect of the manner of conforming those that have already been assigned whether to Individuals,

to charitable or landable Pnstitutin's.

A. R. Johnston lez

CO129/3 - Foreign Office | 1843