CO129/57 - Sir Bowring | 1856 [7]





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Co.129

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CO.129/57

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COPYRIGHT PHOTOGRAPH NOT TO BE REPRODUCED PHOTOGRAPHICALLY WITH- OUT PERMISSION OF THE PUBLIC RECORD OFFICE, LONDON

PUBLIC RECORD OFFICE

Reference:-

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6

1 2 3

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Col

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Hong Kongs

18

Vol: 4

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Zovern de J. Bowning

A lout 127 to 104 104

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8059 trong trong

"N. 114. Ce Government offices, Pietnia,

Miscellaneand.

SER

1856

Sir,

Houghing, 3th July 1866.

I leave the hours to vehiculedge

the receipt, on the 25th ultim

དྷ

of the following Despurtaties .

No. 144 to 52, the bout of 22 May. 186. bircular beroutor of

biroular of Letter-f

bircular of bireular of.

1. April

10th

18th

#

31

The Fright Hmorable

Htury Labouchere, M.P.

Bai

Bas,

Bc:

:

L

!

I have the hover to ke,

with the linglist respurt,

Sir,

Your most Obedient, Hommble Servant,

&

N: 105.

Legislativ.

Referred & Messes Wood & Rogers glothing

Report 235,

Answered

29 sent /60 113

بامبو

18.6

Sir.

3

800n trong hàng

Governments Offices, Victoria, Houghing, 4 July 1866.

I have the hour to forward

Ordinance Authenticated copy of

19th

12

No 11 of 1856, entitled "An Ordinance for lighting the city of Victoria",

they estrich paved the Legislative Camoil of Haughing on the

the for back as fammary last I called in the Superintendent

Police to make enquiry

ultino

of

The Right Momirable

Houry

Latouchere, M.P.,

Bey

obeis

De:

172

this

i

Subject,

and the result was that

neity were

petitions from each district of the "city, numeronely figned, presented to the Government, Solisiting the establishment of such a system as that now instituted by the Ordinance

Incluse copy of Mr. Mary's letter, forwarding there petitions, and a brief summary of their

enitente

The Fate is fixed at One and a half per cent in property assessed for the Police Rate, and will we expect bring sin about

£ 1500 per

Time thimight

thought advisable

No 2.

1

;

4

to attack the collection of this sum to that of the Police Route, for which the machinery already Hiets.

The Bromance was published in Draft for general informations, and, before final adoption, Considerably modified and informed. It how been translated into Chinese :

wad

In its prevent form I hust You will not objest to forging it before the Queen, for Ber Most Gracines Majesty's approval out

rmation

I have the hover to be,

with the highest respect,

Sir,

Jourment!

Most Obedient, Him He servant, John Benna

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Work Reges.

كم

Mr. Mist

Prey = & refer to the Lond Mr. Blackwor

Lefo

Governor Sir John Bowring

4 July, 1856.

Victoria, Hongkong,

to

The Bt. Souble

It. Labouchere, M.P.

No 105.

2 Inclosures.

Received

Submitting for Confirmation

Ardinance

v. 11 of 1856

"of Victoria " " .

" for lighting the City

вин

Sovernor 60 60

8061

3 Hong không

5

Governor

Sir John Bowring

N113

До

"INUTE

*

T

Dall

123

244

25

net 25

W. M

год

tion is raised

quration

المهم

Ser,

129 Septy...

I have received and

laid before The Queen

two Ordinances passed

by yourself and the Legislative Council of

reaply the Orel we // 8v Hong Hong in the

in 8393 then month of June last

reportect

confirmation need not- I pressime be delayed

entitted res

respectively.

for the Ord to which N° 11 of 1856 -

is reserved

per

Merivate's opinion;

свят

I think 11. and 12.

might be confirmed

at once.

ฤท

"

An

"Ordinance for lighting

"the city of Victoria and

- N. 12 of 1856 - "An "Ordinance to reguitate. "Chinese Burials, and to

"prevent certain nuisances

within

6

" within the Colony of "Hong Hong", "the transcripts of which

were enclosed

in

your

Bespartiter of which

the numbers and dater

are

noted in the magar. mayin.

I have received

The Queen's Commands

to acquaint.

you

that

Her Majesty has been

pleased to confirm and

allow these Anderances.

You will cause

Her Majesty's decision to

be

I to the

signified

Inhabitants of the Colony

der your

by

a

Government

Too lamation to

be issued in the

N. 105-4 July 18ste No 106-1

usual and most

authentic manner.

I have be

The Ordiniance N°13. will be the subject of a

communcation

fattere com

Than

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ZA --

Popay. N

• Wm H..

C

Sir,

In Post y

Police Department

7

Houghong, 28th January 1880

1856.

I have the hovor to report:

for the information

of

His

Excellency The Governor that

conformably to your verbal order,

I took measures to ascertain

the feeling of the Chinese house holders with reference to the adoption of a system of public lighting

in the streets and roads

of the City of Victoria - the- result is, the presentation of four petitions (one from each of

The Houble. W. II. Mercer, Gyr, Colonial Secretary.

!

1

2

3

8

the districts in the bity) bearing

Stamps of three hundred

the Man

and

rus and

thirty twon firens shops, signifying

the desire

of the petitioners that Public "Lighting" should be established.

I have the honor to enclose

the four petitions, with

summary

a

translation, the

headings of all the petitions

alike.

I have, 78,

are

(Signed)

bleat May, Superintendent of Police

(True Copy)

Colonial Secretery

Copy

Summary translation of. petitions presented by

"Tepos".

the

and house holders resident

in the respective districts of "Choong - wahn", "Theong-wahn, "Jai-ping.

shan" and "Wahu-chi"

in the City of Victoria.

That the shop Keepers

have held a meeting at the Temple consulting upon the subject of Public lighting and a taw for the payment of the lost therey, that all

Rost-thereof,

reed to the measures and.

agreed

expressed their willingness

JAAL.

1

!

:

........

...

:

to

pay the expenditure.

management

The cost and mane

to be thereafter entirely in the

hands of

Government.

Petition dated the 12 mouth.

I

ед

of the 5th year of "Thien- jung?

#

(True Copy)

ت

W

Colonial Secretary.

I

806)

"N:116. mernment

Legislative

20 Sert./86 1/3

with Gov. 21:

Referred of Thess Worda Rogers.

9 Schtember 16

Report 834.

1.

9

061 Trong trong

vernment Offices, Victoria, Koghong, 4 July 1856.

SET

1856

my

Sir,

th

The theloved Copy-(conthentients) of Ordinance 1:12 of 1856 paused the Legislative Commeil on the 19 the ultine.

12.

It is putitled "The Ordinance

to regulate Chinese Faurials, and to prevent certain puissances within

- Colony of Houghing!

the

The increous

Victorian, to the Westward, Enverted

to them while the city of

The Right Hominable

Henry Labouchere, M.V.,

:

Bei,

$...

Xx:

I

into a

Serious ann

Annoye

oprince & Most of

bemetery ground long used ava for bliners, swore the Tasingsthan District, and, or the securon happened to be sickly, the popular notion emmested the mortality inth the graveyard; and certainly the slovenly mode in which tous of the interments were made soor dongermes and refore he witle.

It therefore become precededory to a love this ground, and remove the Western Cemetery Hill further from the City.

:

The Knolong Ponnieula 108 Suggested, and I consed a com-

munication to be opened, but of

1

лод

so2.

10

olor

enove fruitlessly, with the Kenelmy Mandarin for this purpose.

The ligh Mountain at the Morth Western petremity of the

Mant

row then selected in accordance with Section II of

the Ordinance, and the fuelroed incoverted in the

Notification

Gazette, and afterwards trinadated into the Chinese longunge for airoulation among the blind

inhabitants.

Certain other minces hiroing

for some time part freed the matters prominently on the attention of the public, and become the much complaint,

sande of

were also treated

of in this Ordinance, and I they will

be aborted.

hope

Under the above explanation

will have 110

I trust you

мо

diffiently in submitting this Ordinance for Her Most Growins Majesty's apportation Enfirmation

Ragees.

گا

ation and

I have the honor tok,

و درووون

with the highest respect,

dir, Your post Obedient, Houmble Servant,

No. 71.

In2061/50

GOVERNMENT NOTIFICATION.

In accordance with the provisions of Sections II and III of Ordinance No. 12 of 1856, entitled “ An Ordinance

to regulate Chinese Burials, and to prevent certain Nuisances, within the Colony of Hongkong,” His Excellency The Governor in Executive Council is pleased to notify that,---

From and after the First Proximo the Western Chinese Cemetery will be closed.

In lieu thereof, Mount Davis will until further Orders be set apart for the purpose of Chinese Burial.

The existing Chinese Cemetery will be retained on the Eastern side of the Wongneichung Valley.

These two will be the only places in which it shall be lawful for the Chinese Inhabitants of this City to inter their Dead.

The Mount Davis Cemetery will be appropriated to the districts West of Hawan, and the Wongneichung Cemetery to Hawan and the districts East thereof.

By Order,

Colonial Secretary's Office, Victoria, Hongkong, 19th June, 1856.

W. T. MERCER, Colonial Secretary.

11

11

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Inclosure M. 2 in

£14: No 106 of 1856.

107.

-Miscellaneous-

Conwy 615;56%

3464

Bridges 2 PJ3-

Extract to Adwy for infor 13 Septe

- S

مه نازل

80b2 Hong Kong

SER 5 1836

Government Offices,

12

Victrix

Amughing, & Auly, 18532.

I have given to the important

suggestions of Mr Bridges,

your

Communicated to me in Scepated 1945 of 10# April, wint serious attention. Irequested

april, my

the present attorney, several to read Mr Bridges letter, and to give

we his opinion thereon Pat

have now the nowon

opinion I have

The Right Arnorable,

ment

Governm Notification closing

the Western Chinese

Mount

Cemetery,

and

kien

there of

allotting Davis in

19 June 1886.

Beury

Lavonehere, M. P.

He

Ve

tc.to cuelos.

The evils attending the cristence of piracy have been the frequent inject of communication both to the Colonial and Foreign departments, and various plans have been recommended for Control and suppression. Whenever the Admiralty is able to furnish approrriate vessels I anticipate

is

little difficulty in abating

abating the mischief, deeply rooted is it is

in Chinese habits, - Jalmost normal on

an evil

the Consts

ages have

ages

of China, which in all been disturbed by sex robbers and Maranders. The enfeebled

13

state of huserial authority, the advantage taken by pirates to hoist what they call the patriot flag, and above all the sconful and repulsive character of Chinese

لا

policy, and the unwillingnen of

the High Mandaries to come to

any friendy understanding.

indeed to

hay any

attention to the

reriesentations of the authorities of

Weetern Nations, have greatly

augmented the cubanasements of our position

But I could not coneur in Act so ruotary

the adoption of an Act so

and extreme as that sees

as that recommended

by Mr. Bridges, namely the

3

:

1

- - - -

X

indiscriminate seizure and ~ destruction of all arms, Ammunition, stinkpots, te, found on board all Cinere Vessels (the huserialect Marine created) found in this Harbour, or on the Chinese Const.

блей

Such subjection of innocense and

will to the same severe meaunes

such a denial of the

means

:rotection to the undoubtedly honet trader, - such a subversion of the dementary irincirles of equity and international Law I love not international Law

dare

Mor

xcomment for adoption;

Irecognize the dictum unon

Bin

which this suggestion is founded, namely, that the Chinese

are to

ere are

14

F

be dealt with as a barbarian hower "_ and "the Chinese sovemment to

be treated as "barbarian in the "fullect and strongest sence of the

"work". Such an

an opinion is at

variance with all the instinctions

I have received from Her Majesty's

Government _ it is inconsistent

- with Treaty obliqutions, and has been specially repudiated by the Low- Authorities at Home, in a case of Contract, when it was

made

ade by

int Bridges the groundwork of an

official Spinion which was merucca-

overrulen

on reference to the Secretary of State for Foreign Affairs.

I have had much personal

4

6

7

inthennu, - as well

weil as concciondenc

Correttondena,

1

inirate and public- with the Coverum &filaene, on the

Mnews, on the subject

Piney! I have us reason t

invine that Sinin Guimarães

JUA IRE

would

Cuba

which take mencures likely

to

Comúnuix sevinu his position with the Khinese He smith de

much

A

from the constitution of governments, that I have not attelmat, - but he is at this monat

his

cusaged in serious questions with engaged the Eximere, who

kinese, who are unwilli

És

unwilling

vecognize his Consulas

arpointments, while the status

& tuncas itself, which we

of

continue to

recognize

Extree Aduy

15

& the Chinese dominions not inleet to inderendent Portugue

Control - may create more intricate

quections than

عامة

likely

I ruce

to present themselves.

But I am of Grinion, without

compromising ourselves with the Chinese officials, - and indeed wité the certaing of then convennenee that much

may

be done

the

1

suppression of siracy, and in the

Mr. direction towards which W. Burges

points, in places where the Imperial "Authority is absolutely non-cristent, and I should not hesitate to adont

Strong

rize as a

part

my

measures

(Communicating

intentions to the Mandarins]

3

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16

the blands and Coasts adjacent to Sonetow, where the piratical dunks congregate, and I would

-

also exercise a mot vigilant

surveillance on all chinere Craft coming to or departing from the Golony. But our prominent requirement is Steamers of light draft, heavily armed, and fitted for the Service. I am cony

am sorry to say

the excellent arrangements of # Admiral Stirling, for periodical

convoys

are again in abeyance. feebly and imperfectly carried out. There is a want of Ships of War adequate to, and fitted for,

:

there

are movided I see

incurring the enac

us reason

euniunis

expense

as

of a special Harbour police,. suggested by Mr Bridges. The whole et of Police, with a view to its better organization,

subject

inquing,

is

now unde

and I doubt not the

Commission will look into that

portion of the question which consens water arrangements.

As resunds the Frace of Any stow - Subject of come to those

course

interruptions and vicissitunes whici interfere with commercial relations

gencially,

and those of China in

sunt

particular, – is propress is most

the necessities of the Service - of

Latifactory.

It

&

a

be doublech

may

:

whether the rapin transfer of the coacting Trade in china to the British flas (one of the conseruences of the insecurity of chinese cust) has not largely comxemented for the injuries chinese craft have cufferch from Siratical interrustions.

which

With reference to the manuprcture

and cale of guns, Immunition, &c., in the Eve

Colony, I beg to refer to the

Plomini Redinances N/ 17 /855 and J2/ of 1853. Without Custom Home

J

Fiscal Efficers of any

any sock, with

the continent of China close to run

chores,- kland,

and the broken Coast of the

Липе

than 30 miles in

17

extent, which it is utterly impossible to protect against the intrusion of the lawless, the Bojects of the

Legislator are constanty defeated be the difficulty of giving

offict &

to those Sojets

giving practical

It is perfecti tue, as Mr. Budies

alleges, that an intimate union cxists between inlahtants of this dland and the predatory band uniel

molest the Court. But

our

which

imterteet

*

Anowledge of the social organizatio of the Chinese, - the universaüt of secret associations, for hureres cometimes politieil and intlie-

hurimis

rublie

sometimes private and clandestine, –

sike difficulties

precent on every

i

to interference whiel

ence whiel seem invincible, What, however, must never be lost sight if, is the position of this Flow in relation to our vast interests in Chinn. Kese reouire that all Leficiation Mould be looted to in its ultra-local consequences, and the consideration of those consequer

it is of course

my

Consequences

bounden duty

مة

Plemilotenting and Chief suxerintendat - Finde habitualy to keep in view.

I entiall

4.

coneur in Mr

Bridges' affirmation of the value

tor Exldwills services, and shall be

glad to see him reinstated in the

service of

the Government.

of the

And though rest agreeing

:

18

with Urz Bridges as to the modus wrocedende in the

very grave

aus

"entangled question, I recognize_

13

in

his representation evidence of his zeal and attention to the subject

I have the hown to be

With the highest respect,

هنگ

your most Oberdient "Aumble Servant,

Whu Binm

With reference to the averment

of Mr Bridges that "every day in

"the

year there lie alongside

T

!

!

!

"Town wharves heavily armed

native Grasts fitted up with Stink tot basats and ever

it

us

Kind

I offensive weapons to be wren of "riratical rustores" and that"

pirac, is text up by ammunition

supplied

euerties in the shops of Stoughtong,

cupplica

I instructed the Chief Superintendent

Police and the Harbour Master

to report to me on the subject.

They emphatically deny the

first part of Mr Bridges'statement that Liratical rensels habitually Create themselves in Arughory

M. May nys "singularly

HongKory.

the Statement is

croncous" and "it

"author whose name

/

I did not

އ

mention to him) would

appear

"be not only unacquainted with

19

"the Colony of Stoughtong - but with the usual mode of equipment & the regular Traders which invariably heavily

vily arm themselves In self-defence. Mr. May states that pirates who would be almost

certain of detection take care to aroid Broughong and to confine themselves to places of infety. He does not think that pirates are largely supplied in HongKong

with arms and ammunition

(though such

cases

sometimes

-ceur ) as the neighbouring Erland

give them markets for their slunin

15

:

i

7

16

and

provide them with munitions

Rear

does not believe that

Cartain Watkins states

any

are in the

the habit

piratical vessels are in

aud

I aproaching the whares - anni-

jays

are very unimportant.

Thops of arms and Ammunition

that the purchases in the

S

M. Mist.

I should say

that it was

descritte to continue the corresp

with Mr Bridles, who volunteena it

This saliect of purvey

What

the papuse

Gov. desk!, marked in pesial,

might be sent to the

Ram! to keep them sch to this work.

J Ball.

Hi admett

Lam

ver

Sep

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poquently writter &, and

fully informed of

the demand for protection; –

passing

މ

persevered pages

I think that as adminal Stirling

This In prett

that I am mat san

I sent to them

it is stated that

measures are

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прароди

the passage marked

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806456

21

"(Copy) Attorney Generalis Office, Houghing

37 th July 1856.

I have the hover to ackunoledy

Cover

your emer of this date, fording & Secretary Mr. Labacelure Despotat, of the 12th April, and its enclosure, "both of which I herewith return

to you.

M. Bridges's suggestions ar to the sale and monforture of Ammunition Her, one to slightly developed

asto:

as to

afford the belief that he attached to them

cun comparatively frucall importance, Otherwise I would remind Heis

on

"sseellowey that he how been for fave . monthe port in preversion of my news in that subject, and that, in The Honible. W. T. Mercer, Eyfe, Colonial Secretary

K 200

וי.

hie Diplomatic capacity, he has

the Secreting of State for Freign Affiorires. They differ from there of Mr. Bridges.

But in the main funport of Mr. Veridges's fetter_ I Intirely mone mily Imitting whather Ines June Bonts will suffice, and whether weekly Coway's may not be sosity. practicable != 1200m pily regret that the activity islich Mr. Bridges his departure, and I on

communicated them to the

only

ாட

easily

that

172

currival

here, intressed amongst the revels of the squadron in the suppression of piracy is sensibly diminished. The opinion expressed by Mr. Bridges as to the international_ difficulty of interference, with the Islanders, is also mine. It will not be hard to prove that it is

22

als that of their nominal Emperor At all events it is somstioned by the express letter of the code!

I havve, Bes,

(Signed) I. Chrislisten Austry, Attorney-General.

True Copy Mun

Colonial Seritare

:

1

!

f

meinme

Despatch 170758/8382.

1

W. 108.

1 Financial

1+ Gov 5656

вре

5656/54

you 50:6156

Anser? 8

Octyst

ᏝᎥ

20h3 Hongkong

1856

Sir.

Governn

23

Victoria

Offices, Vict

vernment offices,

Houghing 5th July 1856.

I have the honor to enclose

алг

- application from D" Dempster the Colonial Surgeon for a increase of his salary from

ed

£ 200 to £300 per Ainum.

I have already in Despatch No. 19 of 26th March last reported my

conviction that the present arrangement for carrying the duties of bolonial Surgeon

is unsatis

and trust

: satisfactory, and

The Fight Honorable

Labouchere, M. R.

Henry

yo

7t

yo

Wtur Bridges on

This opinion on

Scncial Anstey, Conveying

cuer from M: Attorney

the suggestions

the

Sux Creesion,

FPiracy in the China Seas.

301 July, 1856.

1

that the re-construction of this and other Departinen

may

rrents

meet with early-

consideration.

as Dr. Dempster desires it, I now forward his request submission to yourself. for.

h br

pica

I have the honor to be, with the highest respect.

Sir,

Your most obedient,

tumble servant, Blu Bennns

позвор

a

are

with respat

to be foren

to the

the opini

bradquary

the Governor's despe

he entertains

of the rescating

to thee Conical. Sergeon

From the establishment,

British Settlement down

present time a

Colonial

been thought a necessary official

For the perfo

his duties he has res

Deftmeats

In 184

Cancerke f

Eboo

сееся

ческо

4 reduction,

G. Bonham

only

a year.

Mr. Mist. At Page 22

Par

boy

pineshows

As a

an experiment and when there

were 12. Medical 24

عد

attached to the Garrison, that one of those affin " should execute they Elonial Surgeon's duties, receive £2. or 300 from the Cetory besides bei. Mil. po Lord Grey authorized the adoption of pleat sexppealin

was a (auft ( 23 Zeb. 1850.) when there

vacancy.

Buthe death ofthe Surgeon in /53 Sie G. Bonkom represented / 20 Oct / that

4-s

there were

then

none

only 5 Military Doctors in the Colony, lhom. could be spared by the Maja General, " he feared that the services,

for

a Medical Officer

"sitely appointed pu the purpose could not li dispensed with.

The Duke left this representation unausund till he could have

interieur with Sie Gene Bonham on the subject, the c. settle what Military force should be kept in the klaud. (see his Munite or 20 det. /53. Governor ) On the 3 May (54 Estonal Caine reported that

ви

death

bace

been reed as to the

the instications having lelle re- fitting up of the

vacamny be had determined, afte Corvallation with di J. Boaring, to carry

carry tail.

Benham's plan out, & appient & Reyescatal

Surgeon,

Khayy

a

with an addition to his military.

£200 per annum.

Chizal Caine's proposal was approved.

(15 fale, 14).

But now the a

different view prevails.

The Colonial Secretary thinks / PG in 1 seal 68036)

pay

J

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!

¡

fatter reasons

Cooo erroxlers

be assigns that the plan y/54 f1000 a

that the Colony requièces

A

Colonial Jungon.

pinate practice, & perhaps a Statin the L. Connial – what opinion

– which opinion the Governa supperts &

year

I no

to this retent that the Col. Suzpon should have not

&no private practice, wapt £1000, but £800

but £800 a year

in cases of whième urgency.

The present application from J. Dempster for Meilase y Salary

for himself brings

the whole question

ве

issue.

in

Bearing Mind that Sie sehin

Bouring

Cary.

22-

Governor Fir John Booring

5 July, 1856.

to

The Rt. Stonble It. Labouchere, M. P.

1 Inclosure.

N 108.

Received

Enclosing application

from the

zolonial

Surgeon for increas

is spanding the

Clonial revenue at a

rate to which un

lae ce

Wheat he

Si

of

quite unaccustomed - seems to be deflating the economical atteintels, G. Benham _ & Real the prospects of th. King may

that Casting

the Governor fauces, I consider

not be do

Heat before

у касие

a year

les

₤1000

we return to the siginal system Colonial Sayylon on ₤ 600. a £800, a £ 1000 ought to be quite certain from the war

really not be Dept. Heat a Repmintal Suygon can

д spared. If that Dept. she say that an Army Cannet conveniently be chayed with those Ciirl

duties them in such case

alternative

there w. be no a

rexcept to happent a separate & distinit Office for the service. But even then I should hope that his with priate Salay

w. be kept at ₤boo a year- practice which extend, professional experience. It githu Mr. Bell will consider the propriet of putting the Surgeon (

into the Council.

fly

18 Lehr.

SW. Ball.

not dee

8063. Hay Kay.

On the main question, I do

аму

reason

for applying

25

'the War Dep?, because they allow us already the use of D. Dempsters

services, and do not propose to

withdraw the.

au

D. Dempster Asks for.

his Colonial pay from of his

lncrease

£900 to £:300; - a

which the Governo.

ела

fives no opinion. The amount of his Military pay

is not stated is the

Blue Book, and could only be ascertained, if required, by inquiring

of the War

The you went.

+ Colonial Secretary

have

the re-appointment of a Curts Colonials Surgeon, but on somewhat

bague ground, And I should feel great double whether there are any sufficient reasons

for

an other occasions advocated

the measure.

278 22 Jenc

!

Nor Labouchure

This question was

raised in Sie

I. Bowning's despatite of

26

to March

as I remarked at the time it seems to me to deserve careful consideration

Iremark that the retum to the

system formerly established is urged bot merely by In I. Powsing but by In Clonial sec » Mr Mercer à man who His plays independent & generally sound judgement. Considering the cisny unfortain 1 H Kony

rising > the peculiar importance of maintaining a

good system of sanitary regulations there. an inclined to think that this profural to appoint a Civilian with a salary if not less the £ 800 a year & a seat in the Council in ::orth entertaining provided that a good man Can be had. On that point. I a suggest that it pichaps more probable that such a

اللسان

candida you wo wish to send out may be discones. Morough the men who are lecturers or examine are brought into contact with the young an of ability in the 39t schools

If London Bul or Edinburgh. than through the official cham who are sometimes consulted- such as the

gt

"Director put of the Army

Y you

medical Dept

are disposed to adopt the

proposed chance - I. think Sin J. Howong,

may be so informed - but toto 26 that you do not thuch it eight

to remove for Dempster against whom no complaint has been made merely in order adopt introduce to new arrangement

Dr Dampoten is

the

to

So long therefore as withing to contain at his persets

hem

Salary you think it would undesirable to make any change

h

M 23 sept

say well

MM. 25. J.

вико

Covernor 806 3 Hong Hong.

27

B.

Sir John Brenning

JU

No117

MINUTE 255

MR B

Sei

O QCTR

McElliot

M&Merivale

M& J Ball

Facleder

4

P

wo. Bull.

Niis Draft

will agains

the aston

of icmasing 8. Derfeitin

Valery! 7.71 4/10.

2100.

M

84 Act/56

:

I have to

acknowledge your

Despatel 1.108 of the рек 5th July encloving

a

application from Fr Aempite. the Colonial Lungeon of Hong Hong

Vierge

for

an incre all

of

One hundred pounds a

year

to the salary which he denies from the Colorry. I had already noticed in your despatch of the

26th March thal

you

regarded the present+

į

erangement for carezing

the duties of Colonial

out Sing Home

Jungeon

OLV

unsatisfactory,

the riving

considering importance of the place and the peculiar necessity

· for maintaining a good

system of sanitary regulations there, amd disposed to differ from

$

28

and he is willing to perform the duties of Colonial Surgeon his present Talarz d should weareely think

it right to remove

kiin

on

for the sole purpose of

introducing

more

a.

new and

expensive arrangement.

I am not however

you

in

yover

1

opinion

would

that it wought be advisable

to appoint

Civilian on

Ca

satary of Eight

hundred pounds per

with, perhaps

in the Council

a

Seat in

CC

to long

bert

އ

are

there cumplanets

no just grounds of complaint agoint hamber profeared against

Or Tempotes, and working

ईpec

تها

disposed to consent to an addition Fr Dempster's present

Salary for the proper

offering th

Than. D

av

!

(Corpy.)

dir,

In 80 6 3/56

29

Colonel Surgeon's Affice,

Victoria, June 11th 1856.

Mony serving under the

Colomail Government have of late had their salarice, increased Thee to avoire

I beg

На

of some more

were you, for the information of How Excellency the

of Governor, that in my humble Minion I know of. deversing of such a from the the boolonial Surgeon and the resident Apothecary of the Govern- Ament birit Hompital. The better gentleman how been fortunate enough to meet inth His epettenry kind convideration, but the former The Honible.

W. J. Morier, Eryt,

Colonial Secretary,

Hoong Kong!

!

T

E

¦

:

!

:

!

Auver

before applied, and would

not do do

lus duties

were

it not that

becoming stai

daily and responsible.

More niet mig la

Under such circumstanced,

it is

to be leped that Hovis Capellency will be pleaded to take this the petition, for an increase of Salary from # 80 to $ 120 per month, into his kind and favorable

@nivideration

I have, Ber

(Signed) J. Carroll Dempster M. D.,

Colonial Surgen.

True Loopy

Miduous

Bere

etory

-1109-

Judicial-

ناباد

8064 Hong Kongs

SEK

1826

Gorrrument offices, "Netoria, Houghtong, 5 July, 1855

I had the hour in Danatek

159 of // Flipil tut to report the

the Ship Levante

seizure of the hip

Chinese

for

vitiation of the Chincu Pesengers

net, and I mentioned the after adjudication of the care by the thee adminity court, Iclall

again have the houn

on the subject

you

The Right Armame

of addrawing

P

Henry Laboucher, M. S.

He.

te. 103 46.

:

t

Y

F

....

I move now to state that on the 175 Ultims the Image condimmed the ship to a fine &

£ 100 and fonts and I'enclose a

مات

of

letter from the Attorney sineral in watch that officer somalain.

of the inadequacy of the punishment,

to which I unpelt

in riinion as to which

erneur

when I consider the

nature of the offence, and the

cnredliney if not necessity of making seven example

бур

the

first case recurring under the lot.

31

With the highest reject

ir

Your Most Bedient Fumble Servant,

Jl. Burns

2221

Mr. Meit

6 Sep

See also N:113.

the proposal fon

mo

Appeal Appears to be

dropped

If the

Case is repented in o

113 to be clized

Stänk

that the

may we

A

to be

104

!

!

Popy.

Sir,

c

32

In grass

Attorney General's office, Hongkong 10th June 1800

1856

I have the hour to report

that the case of the Levant came.

ow

1 for hearing yesterday before Chief Justice Huline on the - Vice Admiralty side of the - Supreme Court.

resit Casse

As this was the first

е

under the Chinese Passengers

Governor hir John Bowring

5 July, 1856.

Victoria, Hongkong,

to

The Rt. Honble

4. La bouchere. In. P.

1 Mclosure..

No 109.

Received

adjudical

Relative to the

Gim

o

the Ship Levant.

#

et

Act 1855, and a

very

clear

aird

aggravated one too, I was naturally

auxions that an ex

an

Irvas

example should

The Honorable

だる

The Colonial Secretary 15's

j

33

be made, and the rather since the "Casus turissor in the act,

which a recent ordiisance of this

lature was

Legislatu

ared to cure,

s gran

(but which will remain without

the interval.

remedy during between the passing of the ordinanc

roval and

here and it's approval

confirmation

ation in Downing Street)

has been long ago traders in human flesh,

detected by the

and

will no doubt be utilised by them

and by them

for the prosecution of their future designes.

my

To that end I devoted all

humble industry in the: investigation of analogous precedents,

1

and I succeeded in presenting to

the Chief Justice such a m mass of authority, as satisfied Mr Huline, ( I quote his words in giving judgment, ) that the seizure "' was lawful, that the vessel had

incurred forfeiture

iture under the

"Chinese Passengers' act'; and that

there had been two distinct

and unequivocal violations of

that act

by her

owner;

19 in

еле

" having put on board are excess Engen

:ng over 3007 of Chinese passengers

" for australia from this port,

" and 22 sis having cleared out

or proceeded. "Curigration Papers . The Chief paste

or proceeded to sea without

100

pustio

?

:

!

:

however added on what evidence

all the

I know not, for certainly evidence before him went expressly

the other way

that he did not

' think there was

Av

any

intention

' to violate the det; - a matter

quite unimportant, even

trives for the proof of

if

the

violation is all that the Court

of admirally requires; -

in such cases

- and be concluded

by adjudicating not the forfeiture of the ship but the fine of 100 : thus extinguishing

l

the last hope of the defrauded

bbiiranen that, out of t

of the ship

proceeds of

of the

34

they might be repaid some portion at least of the passage money

1 75 dollars a head, which they had paid in advance, for a voyage

become abortive.

rd to all these

Having regard

circumstances, and

being of

opinion that the discretion which the thief Justice has exercised is not the judicial discretion conferred by

conferred by the net,

and that his order ru

varied on

in

may

be

appeal, by the- substitution of forfeitu

iture of

the ship for the insignificant

penalty of 1008, I recommend

and tackle

and advise that an

Appeal be at

}

in

lodged against the Judgment

Love

n on the part of the.

question on the

brown. It has tather

surprise, and, ast

the

by surpr

every

know from the blacimanté

Proctor, none more so

his blient.

I have

ve,

ya

than

7. an

(siques) Chisholm austery

True Copy

Colonial Secretary.

1

48.1104

Miceclfanceous.

you 11, 321/65 Sir GyGrey 11,739

сти

Sin

8005 Jong lồng.

SER

1876

35

Government offices, Vietri,

Anghong, 55 July, 1853

I have the hour to acknowledge

F

receipt of your deepatch M40

March last, giving coven to letter

of

from the Right Honorable Sin George Gree

rey

A

on the subject of the

Appointment of the late 10. Selb to the Chief Clerkship in the –

Colonial Treasury.

While fully recrquizing

The Right Arunable

Acury Labouchere, M. &

tc.

te.

1

:

the cations of så tinge Grey

Mocure a fitting person

gitting person for

to

Price

Chelose

I must in justice to sumyself

دمان

conclusive proof of 147

Siby's habits the accompanying Sertipiente of the Colonial slingern I have the how to be

هران

Sefer.

With the highest respect,

iz

Your Must obedient "Humble Servant

و رہا ہوں

Shu Burnuz

(Copy)

In 1065/56

36

This is to certify that M.

math in the J. D. Selby, Semor Clerk in the Colmcil Treasury, died on the 29 th of September 1865, after Second, but Severe, attack of

27

Delirium Tremens".

Honighing,

a

(Signed) J. Barnoll Den ports 192. Colonial Surgeon.

July the 1856.

1

Tone Copy

Extanal Secretary.

!

Mr. Mist

Putley

Sw. Bia

¿

}

}

է

:

!

N:111. Legislative

Йини

drupt with your

Ordre confer

56069

Best A°28-11 May/00

iz

000 Cong lồng.

SER

1826

37

overnment offices, Victoria,

Arughou 7th July, 1856-

I have the how to forward

Ordinance 1: 13 61853 entitled

fon Ordinance for the admission of

Candidates to the Rolle op Raetitioners

1

F

in the Surreme Cout, and for the "Tapation of Creto which patun the Legislative Council of this Jolony on the 2/24 Veltins

Ultimo. Ki. Ordinance originatin

The Reight Amnade

Feurs Labouchere, M. P.

Ho.

L

vo.

7

1

in a wei

well grounded complaint, of the want of hetiqueters in the

Interpreters Supreme Count, and the desire

1 to Atain the Sewview of a young

|

shincie educated in America

who

:fforen rimccly conditionally

as is expressed in the accompanying

the Flonial Sentin

letter

om the

Wto the "Chief Juctie, wine reci

also Bransmittel.

The Chief Justices Gjection was considered valid, and

provision is accordingly made in the Ordinance by which the two

ffices of Court Interpectin and Attorneys Clerk cannot be held togethin

2.

!

I beg on this point to refer

4. to Mz attorney

38

General Austey's letter

of 15th May, and the Colonial

p.5. Secretarys reriy.

The Attornies of the count

requested, aud

and were allowed,

be heard by Counsel against the

to

Adinance, which received severat

modifications in its variom stajes The Khief Justice and Mr

Lager orted against come of the clauses, and Mr Edger's disent

written after the racing will be in the enclosed conccrondenes

und

A b

-found

The

Judge expressed

age cxprccud a wish that

his letter above mentioned chouin

be forwarned with the birdinance,

F

4

+-

but, as I have doserven, his objection therein made does not hold wood I in the adorten form of the Snactment.

Arving the Eximere referred to, has I regret to exy, resignen the futurretarship

of

4

in consequence

the introduction of the probibition

and

to the holding of two offices, auch, annoyed at the opposition raised to him, is, as I understand, about to leave the Colony.

The three last clauses of the

ûdinance embrace matters relating

to Attorney's Corts, and give

?

give to the

Suitors in the sumeme Court there

the benifit, which Home repelatin

Legislation

has provided ofor the cheaper

administration & Jucties

I trust this idinance

will be sanctioned by you, and submitted to Ster Mort Gracions

Majesty on approval and confirmation.

I have the honor to be, With the highest respect,

Lin,

Your Most Medient Ansible Servant,

39

Ka

FL

Play ._ &efer to that sohbook Ruger

M. Blackwoo

Refer & Supe

苦し

6.

6 Jepor

-

L

L

JJ

40

!

41

N:319.

✓ (Copy) below Secretary's Affice, Victorian, Houghing,

th

f

11

35. Mary - 1856.

1

Sir,

The Plight Smile Henn stondere /M??

Governa In Hin Bouring

7th duly 1856.

Fictoun, Joong Kong,

! // it

bhclosures.

Receivin

Submitting for confirmatio

Koinance 1/3 of /853 " for

"The i'upreme cont, and

"to the Rolls of Practitioners in "the aruission of "Candidet,

turation

-flow

ite

"In the prevent feoverty Interpreters

:ters to conduct the fir

Excelle

a

Chinese

Mie

Service with efficiency, His swelling The Governor how reecived propoval from a young nomed Choring on Jeone thing, to undertake the duties of Interpreter to the Supreme Comert at a Jalory of $75 a month.

Kent Aring's ultimate intention But is to practice, if he be permitted, in the Comert, and

as an

Attorn

107

be therefore makes it a smutition

The Hommable

The Chief Justice.

2

I

F

that he that be allowed to contine

articled to in ittorney during the period of his service is ou

Interpreter.

ow

Chwring how already officiated Oluring before you in briminal dessins, and you have doubtless formed a judgment of the merito, m these, and on the other points of the possibility of his future admission on the Attorney's Roll, formmed with

He is excelle

is desiring to be your opinion. I hove, be,

(Signed) W. J. Mercer,

Colomail Secretary

True Leppy

Colomat Feretary.

'(lapy)

dir,

Hooughing, Wednesday, Mary 114 th . 1856

chu

reply

to

your

42

Commi

cation of the 8th pustant touching the appointment of a

itment of a chinese

named Mining an Interpreter to the Supreme Court, They tr state, that, notion that tounding the slight opportunity afforded of testing the competency to crot in the above capacity, Jalu dispoved to think that with a little more &xperience he mory prove himself well qualifpart to divelarg the duties of Commer Interpreter.

With respect to the condition upon which alone throing is willing The Honible. William T., Mercer, Exquire,

Colonial Secretary,I.

|

to accept the Office of Interpreter, Host be shall be callowed to ng Contime articled to an Attorney- during the period of his linding the official appointment, wither on

view to the ultimate admission

to practice

Our Muz

Attorney

d

think that the Cleting or Interpreter- would be incompatible with his

Articled blank to m

duties as am

Attorney, inoummah as he conild

be mable to devote the whole

of

#Love

his time to the divaharge of duties, and the orequiring Lowr dufficient Kunoledge of the of the

and it's practice.

ressing

to convider

Such being my impresse it becomes hecessary to en the policy or impolicy of permitting to practice as an Attorney

Clunes to

43

hit I do not hesitate to express it

sould be a very danger our my opinion that the precedent

I have, Bay,

one

(Signed) Johrer Walter Huline,

Clues purtice

Mue

Copy

Colomal

Extrual beretary

¡

J

1

:

Despatch P/1/17790.

Melosure - P3,in

4

"(Copy)

نظر

din

44

Attorney General's Office,

Khighong, 16th. Mory 1956

15

Jam anxions to avail myself of

rich

the opportunity, coliche_ the preparation of the Drought of our Ordinance for an regulating ersts and fees affords, of Scouring to the Supreme brant the auch of a sufficient used respectable body. of Interpreters:

I agree entirely, with the Chief Justice, in the

exfiressed in his letter of yesterday, arts the incompati- -_bility of the pinsition of an Articled low clerk with that of our Interpreter to the Court, and the inability of the Master in such a cave to certify. to the Clerk's "three years' service", proces The Homorable W. T. Mcreer,

Colomail Secretary..

:

distice to Anclosure PC- 14th May 1852.

Pepts from the Cries

2

to satisfy the formsions of Ordinance

11.6

No 6 of 1845. 1.10-

But

Ent & propre that a Herce Jers service of the Supreme Court italf, citter on Interpreter_on_(which is in fort the lows of Towmania, under the Act of Consil 44 Vict, No.29).

Heer "Clock of the Supreme Court, to des "Majesty's Attorney - or Solicitor General, " or "Closk of the Peace (1.3.) Shath be, in the language of the foune Act "eligible for admission to practice " as an Attorney - Aplicitor, and Piretor, of the Supreme Court, subject to the several regulations sin that behalf "thereinafter entornes".

Some

are

Hive "regulations one of the lughest consequence to the respectability of the profession, and might be usefully adopted here; there being no restriction_

45

~3

whentiver at present imposed upon the admission of any British subject. Honighing (whether pathirals

within

or

_bo_m_ by servin_m_emguest_ to

on Conque

Conquest_to the Roll of Attornies, Solicitors, and Peretors of this Lenart (Brd. M:6 1945, 1.10)

Hve

regulations, in

regula

of

For in force in Tows mania are entained in fections

6 to 19 of the breal Act of Conmeil above- -mentioned. The candidate must affirme not mly the facet of service,

-foret but also his personal fitnes, to the satisfaction of three examiners, at the leant; of soliom one shath be a bamister an Attorney, and one the Morter of the Court. An appeal to the Supreme bount against their rejection of

ndidate may be montormed, and the boat may rivers their decision and adunt the candidate. But

וי

4

argouinst their certifiente of fitness

it

there is m within a trive limited must admit

appeal; and the bonust

117

the person mormed in it. A fee of

five Pandor is porgable to the broom_

Cach Admission.

I venture to recommend the invertion of the words on Interpreter or, in section of the Act in cameil, and, to amended, its extension lure

Ordinance. The present appears to be a faonable further suggest that a respectable Climanan, like Alving, wille

recasing. I would

inlling to

take the routh and become a Brition

at

subject, is out leout or well futitled to the benefit of such an punctment as one whose sole clain to it

Consist

how

Emsist in the accident of his having been actually resident here at the

46

date of the cession, and solus finds

hindelf thereby envverted

-from Chinese to a British subject. A Clouse importing that all candidate, otherwise found eligible, thath be admitted, uskoittestounding their former domisil or patinality, with effect this shjest, and get lirkit not to Aluring no undue expectations of form or privilege

In conclusion I have to peend

at

my thorough adhesion to the blief pustice's certificate of Alwang's good devert out the bout General sessions, without, linvever, adopting the qualification with which His Lordding how am

or guarded it. I own quite sure Hood, if

we powe love live the latter

pino

-

state of the Supreme bort, in its Criminal jurisdiction at least, will

_aw

be sonce than the first : _ on the result of the experiment will have been to inform the auntient - Interpreters in the opinion which they entertain, and not withinit

Reavor,

that

lve are

-quite at

their merey I have, Bel

(Signed) J. Christeden Verstey.

True Copy Gramin

Cortonal Seere

eretar

사랑한

Copy

JP 334

Indo66/15

47

Colonial Scentury, office, Netrin, Anglow

16th May, 1853-

Als regard Interneters for the

Supreme Grunt, a subject on which

you

addressed

A

fficialy yesterday,

I am instructed to reply that his becellingy. The yovernor approves you

suggestion that the provisions of the Femanian let in this rechcet

be adaith in this Colony by

ミル

Adinance, the Draft of which

Amorable

Thomas Chicholim Aniicy, Ryu, Attorney venusi-

у

*

1

!

to

His Meellene, will be glad &

receive at youn Souvenienes.

I have to.,

(Signed) 4. J. Mercer,

Chlonial Monetary-

i

Sauce Cony;

)

Mothmem

Coloma Secretary

Cofy

Air,

1.

In 8066/56

#

Henghing, 24th June

18566.

48

I beg to inclove Minute Dissent in the parsing I feel

the Ordinance for the "Admission of berudiclated to the

of Practitioners in the Supreme Lenart

Rolls

I should wish the Minute to go live with the Ordinance,

Hoi's Copellensy The Governor

how un objection to it

d I remain, Her,

(Signed) J. F. Edger.

Fine loopy-

The Nomurable

W. J. Mercer, Esquire, Wollmout

Colonial & beretary Contenit deritany

11

!

2.

If

:

Par 2019

+

}

(Copy) Minite on the passing of the

49

3

Ordinance for the Admission_ Candidates to the Rolls of Practitioners in the Supreme kont

ліг

here by note my Divvention

I hereby the paveing of

4

the Ordinance above.

-mentioned.

I thieet to Section VII of the

object sound Prodinance which provides for the admission of Aliens, and Clines whether Aliens or pot, as

bout.

Candidates to the Polls of Practitioners in the Inprome I believe this to be a dangerous

ioration in the Profession, and without precedent either in the

United

Kingdom

1 in Hver Mojesty's

Colonies. There is no necessity for

it here, as wedicady have

*tL

!!

i

}

:

11.

0212

aire.

ample commber of respectable Attornies

in practice

Above allad sljest to the Andinission of Codinese as Attornice in nor Coute of Law. They peculiar rove of peopley and in my opinion one generally crafty, corrupt, mendations, and deficient

theer qualifications which sundful in a truction thy legal Admoer, 1860, aw the depositing of to of delivery and simportance should be a phone of the highest

sie Those

in

secrets

integrity.

Father I may add /mary-add

cre

ест

57

50

office,

(Copy) Colonial decretary's lifire,

Vistnia, Honghing,

1:457.

diz,

25

the June 1866

June

I shall place your

letter of

Yesterday before His Excellency the Governor, as some an

How

Ymer

Excelleney's

health permits his attendance at affice, the meantime I shall hound-

In

your

of

Dissent to the blink Councils to whom it properly belays.

I take the opportunity of lure usting that a large part of your objection pns made to Ordinance M: 12 of 1856

entralied by any self

A

12

-old that I do not

M.

myself

belion the Chinese feer bound by any

bath they may make in our bouts

of Lew

Houghing, (Jane bopy) (Signed) J. F. Edger, 2.1. June 1856. Mamma M.£.b._

estornat Jecretary-

trow li

in an amendment proposed sin

Comeit before the Ordinance 108

The Honorable

J. F. Edger, Esquire.

ייד

:

passed.

I formally suggested that weept of Chinese, sols are re

in the cave

300 to 1,

or lven pore,

всег

- four

ad

population, the permisions of the Ordinance should suclude British

Jubjects only

เช

ort, and won

This amendment met with not one single mice in support, arsendingly inthe drown.

I shall hand sopy of this litter also to the Clerk of Cancils.

I have, Her, (Signet) W. J. Messer,

ba..

Colomsch Secretary

4 decretary.

Jie loopy

Lentown Chordtary

beretar

1

(Copy), Houghing, 26th June 1856

dir,

51

I beg to archimoledge the receipt of your letter of yesterday's date. If, ow it wild appear, you emsider the objections I live, pusted to Section VII of the Lost Ordinance

#

poused in the Legislative bomeit are out of time, I would wish to state that I voted argarinst the Section sin question in toto, although I did not think it necessary then to reiterate argu-

_-_ments which had been addment

before the Camoil by a Deputation of the legal Riefersion, and afterword unged inole to the forme offect by The Hommate

W. J. Mercer, Esquire,

Colomal Secretary.

The

5

:

¡

E

L

52

Chief Justice

The Amendment which you foreford (event suddenly, withdrew

my objectives.

would not have mut

I howe, Bei,

(Signed). J. F. Folger.

True Copy Alumom Notmual Secretary

1

(Corpy.)

Line

Houghing, 28th June 1886.

In addressing you

ou

on the 26th instant, in ansiver to your letter of the previous day, I

mmitted to request that what I them write (or Copy thereof), sinuld to Her Majesty's pcretory of State for the Colonies through the Medium of the Clerk of the Camoils

I have uns to request that stined your letter to pure, in

your

Copy, be transmitted to England, my

reply may accompany it.

I have, Dei,

D

(Signed) J.F. Edger

The Honorate

f

M.J. Mercer, Esquire, Coolaual Secretary

Time Copy

Mamont

Costanionl keretory.

LOIL

16.

M.455

(Copy)

Sir,

53/

betmial Secretary's Office, Victoria, Honghong,

reply

3,

31th June 18560

In to life inform reply to your letter of 20th

to

instant, I have the hover to

that your,

you

your potice of Divvent

from the Lowt Brdinance how been Submitted to How Excellency, solis

with not fail to forward it to the beretary of State.

Harte in due sim

@hirde.

I love, ther

(Signed) 4. J. Mercer,

Criminal beritary

The Hommable

Tone Copy

J. F. Edger Exquire. Columnat

Bostanol Secretary.

Despatch My!

malizure Pb in

F

K

12/12.

Copy's

for if 15 Sept7st

Nov

140. Ift with Gon

8606

22 duly

806 7

Anh Hàng hồng

SER 5

18/6

754

Movement offices, Kètnia,

bons Trus, 7 Jury, 1853.

I regret to be cmurelled to

A

weront te recuneuse of a cincías Jonce to that of the Reindeer, full jiven in my duratches to 157, 3165, 167, 168, and 177 of Forever Band Seccuter last.

The

enue

purened in the effein of the Reindeer having been approved by Her Majetys Povernment

The Right Ammable

Serry Labouchera, M. P.,

to.

Ve.

Vec.

holger on the subject of Concepontua with Mr

Adinance

N1317/953!

1243 66 303 Line, 1850,

his dissent from Adius

|

:

मध

:

רדי

55

as intimated in your Despatch "Confidential of At April last, I.

And us difficulty

in the

the

prezent

inctance, aux again accented ru undeniable right to full jurisdiction

Anivour.

in mu own

The Cnreusondence with

مکار

N1

2.

Commodore Armistions and Tormi me

Keenan accomanies this Decrater, as well as Mt. Mitchell's erslanations.

the

of his wads and manner sa bench of which the American officials, unicasonable I think,

comslain.

I am compelied to repeat the suggestion that it be propored

A

نارن

to the youuernment of the United

States to

ates to remove Mr Keenan

this port

منة

unfits him

Mr. Keenan from

his peculiar character

A

Jor

the conduct of those

deliente duties which at times

he is called on to perform.

bound at the same

am

time to observe that Mr Keenan

has

has.

on several recasions reecived thanks for his creations in

my thank

the recovery of

from this

desenters from

Barricon found on board

American Heerels, but I muit repeat that this yenticman's

extreme opinions and general денений bearing exhibit great inaptitude for the temperate discharge of the duties committed to him.

:

F

A

I

have the honor to be;

With the request reficet, Liz,

Nour Most Bedient

Fumble Servant, Wha Barns

M. Ellist

Torligne Offic. refermento

می مرجع گرسنه

M& Sept

C

56

Entered

E Kann.

Sa

You 8067 Story

حلو

Camnious Esy

Answe

210

24. Nowy 56

6.0. 17

FO

10668

Jan 156

20 Amaret

Я

I may

#NUTE

R

FRElliot

Merivale

Ball

1856 SEPE

Touchere

Will.

Sie

13th Sepetyst

With reperever

to the correspondin

notect in the margin

Br. Jam

7 duly /56-112

respecting

which the

a case in

I am directed by

лы

Mr. Suritory

Lorbeaned one

to tremsnit to

you,

for the information of the Cast of Clarendon the copy of as despes

from

and encloses

the Govenor of

Honghary with

the

American Consult

pas as: m

souztor

herrial of the

jurisdiction of the

Cotorval lesuits

Cep

7

-

Apferrers

committect

bound American

Reessels in the

Harbour of the

Istory

In

G. GA.

(Copy)

Sir,

57

U.S. Steam Frigate sau frointes

Foroughing, July 14th 1866.

"

Ilearned

"It is with much regret Ilames

to day that on the 22 instant an armed force invaded the barque "Annie "Bucknom", an American

resseli bysing in the port of Komughings and took from her folm M. Shipper, the Chief Marte, subjected him to imprisonment, and tried him in the Court of this place for an alleged offence, affecting the discipline of the reveel, charged against him deverter. Al cave clearly saning -

under the jurisdiction of the Minted

States Consul.

In addition to this

aggression-

upon

-the American flag, I leam als

Con

that the Wiited States bouval, inT

2-

received

the

fulfilment of his official duty, Such Livematens treatment from Sitting Magistrate on compelled him in respect for luimvelf and country

Coment

to leave the list!

Form Sure that you sometion with not be given to outs violatings not only the counity which should regulate the intercorse of vivilized Siations, but also the best established

respective

@ML-

prisiples of Maritime Conor repeatedly orekindledged by Governments, and I have every -fidence that your attention being "officially called to the patter in th

secure such redress

- be made, and

OLV

va

the +

offence offered the United Starter demands.

I have, Her,

58

(Signed) fan Armstrong,

Commanding United States

His Excelleney

Naval Forces in the East Judin and bluin Seas.

Sis felen Bemorning,

lover (overnor,

Dei, Hei, Bei,

Honighing

True beepy

a

веру

botanah Sheratory.

+

81.470

(Copy)

Sir,

59

Government Offices, Honghing 5

4. July 1856.

th

I have the liver to achinoledge

-

Phipps

Your Coxcelleney's letter of this day.

I am given to understand that the offence for which John M. Rüsches far been arrested is me against the Cons of Great Britain and this Colony, for which he is amenable

regular tribunals, whove authority I am bound to maintain

to the

But while obedience is requ

required to Lones which, at the same time,

offer protestion to all wlis enne under their jurisdiction, I expect Heir Eapselteney

Commodore Jenner Armstrong, Commanding Minted Starter Nawal Fees, in the East India and bling fear

E

1

I

!

J

4

that the Authorities shall give effect to them with becoming watery, and propriety, and I have therefore called upon the Acting Chief Magistrate for an explanation me the Sniljest of the complaints of the United Starter "Convict on to Mr. Mitchell's permal

demeanor.

The correspondense which took place in betober and November_ on the similar cave Muited States' revvel, the "Reindeer"

lout,

of the

Corn-

Captonin Michelle, was duly -Amicated to the Governments of the United Starter and of Great Britain- by their respective authorities. Her Moyesty's Goverment have fignified to me their approval of the steps taken on that recasion by -

by the authorities of this Colony.

пс

60.

Jam

in given to understound that Mi Convul Keenan how sist yet received

not

L

lix Desportates in reply. But Sam ales officially informed that the question is now the

is uno the subject of dis- -cussion between the Supreme Govern- -Muents of our respective nations, and under such circumstances subordinate correspondence between Your Exxcellency, and myself becomes swither necessary pion and onwarble. I beg, linvever, to avvire Youu, reselleney, that, emvistently with

the Duties Inve to

Any

viscable.

4

my own pation and Government, I have been, aund all recassions, most policitory

ane, the

to preverve and strengthen the Aunicable relations which right to exist between the two countries,

I love,

!

i

7

I have, Ben

(Signed) folin tenoring.

True Copy

Colomail here

ctar

61

(Corpy.) U... Steam Frigate fou forvints";

Houghing, 14th July 1856

dir,

the

of

I have the lover to acknowledge

receipt of Your Esselteney's letter

this date.

The cause of the "Reindeer" and of Captain Nicholls, to coliche Jorun Exsellensy how referred, recnned - previous to my taking command of the East India Squadron. Bring now in the hands of the Supreme Governments, I agree with Your Eseellency that any subordinate correspondence upon that subject is "neither resevvory, non advisable.

por Your Coxwellen sy, will, lovever leadily perceive, that in carved similar to that of the "Annie Buchian"= which may demand my official_

44

non

be

action, Ist be directed by my sense of duty on to the pointe and principle scluich it may necessary to press upon Your Exel- - leney & attention.

by one

7.

The advantage of protection. (alluded to by your swellencey) Øxtended me pover to the revelvefmother viviting its ports, is of resiperreal sligation, and weaver to have any onlue if it is suffirved to carry the right of aggre swine.

in. Therited planter Starter while extending every protection to British vessels in Wimerizam pinto, how repeatedly recognized the juris- -diction of Kritish konvuls over offences committed on board these revvels -

а

be

-

a jurisdiction which seems to han essential to the security of commerces The United States will therefore have

11. 62

the sume right to take greeption to

More

the action of the bolmual Wuthorities of Houghing, in the

Cove

of the

πιτι +

"Annie Bucknam".

My ration must be influenced entirely by the views of my Government av to the rights of its flog_sin Plong in foreign ports. There viewer hove not mily been premplified by its action, but are purot mequivreally set forth by the competent authorities of the starte. The Form Doniel Witter, sohen Secretary of Starte, in a Lord Ashburton, upon the cave the brede, their sets for the the lowe of nations as interpreted__ by the

: Government.

10

Muited States

letterents

of

"But my Lord, the rule of Law, And the Counity and practice of nations, go punch further thom these caver

12.

Cressel,

necessity, and allno sven to aperchiont vvel, coming into any open fist of another country voluntarily, for the fourfove of lousful trade, to bring with her, and keep mer her, to a very-+ considerable estent, the jurisdiction. and authority of the bones of her now country, excluding to this extent by enisequence, the juriveliction of leal low. A ship, sory them publicists, through at omelior in a foreign harbor, preserves it's jurisdiction and

f

οι

its lowes. It is sostural to enivider

the revvels of or nation as parts of its territory, though out fear our the starte retains its jurisdiction over them;

to and, according to the commonly revived Austorm, this jurisdiction is preserved over the vessels, even sin parts of the fea subject to or foreign dominion?

a

ότι

of ree

63

"This is the doctrine of the low

by writers

of nations, clearly laid d non-

received authority, and entirely conformable, as it is supposed, inthe the prootice of moderm pations.

૧.

order be committed

П

ne

Mi Nie

Ford of an American-pessel by of the Frew upon another, or spon - passenger, or by a passenger in

the brew, or another passenger- colile such persal is lying in a port within the jurisdiction of or foreign= state or Sovereignty, the offence is Exquizable and punishable by the proper Court of the United States;"

w if such offence

Ліс

on

in the same manner as had been committed on board the

ressed on the high tears"."

Letter of Daniel Webster, Secretary of Starte

to Lord Adliburton, Aug 19th 1842.

I

"I therefore not enter an lorment firstest against the action

of the Colonial Mutivities of Houghing in ~ of the "Clunie Buchmann,

the

cave

thand when it and had I been trefficiently ordrived of the intention to invade her, it smild have been puy duty to have beampuy extended to her my protection.

ve must und go to

As the cave, must

my government, dam willings within this protect and expression of the principles by which my action is to be regulated, to close the correspondence upon this subject. Allow me to express to your Excellency my thanks for the investigation restituted respecting the treatment of the United

States Consul!

•D

:

15

64

I love, He,

(Signed) fax Armstrong,

Commanding Minited States

Naval Forces in

the

East India & China fas

How's Expellensy

Sir John Knorings

Gover

Bes, Dei, De,

Honghong.

вору-

ག་ན་ད་བ་ མི་ཤི་ལ་

belmat Searetary.

1

(Copy)

471

Ji,

Goernment Offices, Victoria, Houghing, 7th July 1856.

65

:

is

Alcending to my formin to Your Speellensy I called upon the Chief Magishate to give such 24plana- _tions our he might deem precessary, in

V

the Chief

to obey

reference to the United States Consuli Eomplaint of his demeanor thounds him.

Mr. Mitchell states that the che "Yfficer of the "Annie Buckman "refund, inittimit nders from the konvuls, to stay a summons calling upon him to answer a charge of a veritt, prefered against him by me of his crew = the civarult howing been committed in this harters upon which refert a Wanant wad

crewst

Hors selloway

Commodore Amnestrong

Commanding United States Moral Frees

in the East India and Chinia kous.

!

he

issued by the Marine Magistrate for the most of the Defendant, irndl be wor placed out the form of the boast of Petty Sessions.

/c..

The United States Consul attended,

his

acccompanied by a considerable mumber

- woul, through of his emuntrymen, "legal adviver, formally planned the right to sit with the Justices on the Bench _ a right to which he avouredly. had us claim. It is quite sin

wite sin that breast of the boat to allow or invite any forty to sit on the Bruch, but this right now demanded and avorciated with a claiments purindiction on the pout of the United States Cont trer_American Citizens in cover of offences Committed within the Quccu's Drunions,

Queen

Ow

the bleief Magistrante refused to recognize the right or put forward, and, instag

warranted

65/9

judgment, warfully conanted in such refuvarl.

The Chief Magisterte declared that be started to the United States Convul he hord been in the habit of allowing a bonul a seat upon the krenohe, as matter of courtesy, but felt compelled me this recaving to deviate from his usual practice, and to ignore the Convuls claim refusing it countery, Mr. Keenan haringan recent recasion, quitted the Benely, to which he haut been jusited, in order to

Levene a

it even our a

a forisoner of the court from its enstroy, and to assouth its officer. The Chief Magistrante demes having need "insulting language", or persived the autturity, in a " vindictive and pnsulting

manner", and states that his Brother

Magistrate, berpitam Within's, bears line

L.

T -

E

F

Avere__

out in saying that his wonds governed by perfect temper and self- - possesine.

The Chief Magistrate andds that he how noted M. Keenan's protest against the jurisdiction of the boost on the Minter of the Freeedings, and immer -diately complied in the the bonvuls written request that the Complamant should be sent on board the Heifen to

which he belonged

I take this opportunity of acknow- -ledging your wweltenay's letter of the #4 = instant, a copy of which, wither the slide of the errespondense, with be kut to Her Kritomie Morjesty's Secretary of State for the Colanies.

-Tone Copy

I have, Ber,

(Signed) John Broring.

Colonial Secretary.

67

(Copy.) M... Steam Frigate "fon fronto;

Houghing, July 7th 1856.

Sir,

I have the honor to cichurisledge the receipt of Your Excellewey's despot of this day's corte, relative to the alleged disonatery of the boat of Petty Sessions, thounds Mr. J. Keenan, the United States Cousut, and

Convul shall forward the explanation, to the Government of the Munited States.

V

I have, Be:,

(Signed) /e Armstrong,

How Excellency

Six folemn Kevorings

Governor

021

Bes, Her, Bes,

Commanding United States Mowal Foleces in the

Cont Judin & China fear.

Hongkong.

True Copy

Colonial Secretary

E

:

Duplicare.

*

(byfy)

dir,

68

United States Consulate,

Konghing, July 3 1866.

11015

I beg leave respectfully to prevent to Your Excellewey the following facts, driving from om alleged assault and Bathery supone a sorilor belonging to the American Ship="Amie Buchnam"," in this harbor. I wow notified by Captain Smith, Master of torid Hip, that his chief Officer, John A. Flipper, fr hand been taken from her plichen,

by the Harbor Master

and bound over

to appear at the Silice Court, at & 1 'clock P. M... of this day. I, as in dirty bound, appeared at that bout, and

requested by the Subordinate of the Court to a feat. After the cave row called, J. Cooper Tumer, Erfe, he appeared for the defendount, suggested

A vow

100w

i

I

Z

that it wows austomary to provide the Comment representing the unition to which the Defendant or Priemer belonged, with a seat upon the Bench. To this the Sitting Magistrate, Mr. Mitelull, in de, virlent and insulting to replied that Mr. Keenou hrad deprived He course towards that

a

himself by his

Munner

of

Court, upon a former recasinny any countery.

"tery - that that courve lad

keen gorosty, insulting to that brit. and that he would not permit luin to recupy a sext refine theat

1 L

Bender. This refueverly was not mly

emched in the most insulting

language, but it wow also inthered

in the most vindictive and insulting

Manner

I then offered the encloved protest, which he assured me should be

entered upon his forrecedings of Const in the cave,

but that wo

69

CA

the

further notice should be taken of it. I then offered the encloved letter,

requesting that the man Larkins, the

thich was foreseenton, who was them in bant, should be apprehended, and wither Sent on board of the "Annie Buckian"= or the M. J. St. Frigate "Son forinto "; and notified the Magishate that

I had interessed, in fourt to prove the devertion from that revvel. He refused to accede to my request, and his insulting s

Auch

λιον

manner

and loung

language toourds, the, that the Attorney, sohioned hout employed for the defence, and I were driveupon the bout, and the Defendant left at the

the preveys of the Magistrate and

лись

Deverter.

i

1

Won a former resaving your Exsellency did me the lionor trouvere - furoned by me,

Mice, that the

Onirve

B.

in the recovery of déverters from 6. 13. M. 59 # Regiment, wow appreciated; you will perceive by the cration of Mr. Mitalill, that the Police of this Colony is not dispoved to reciproente but routher to repel four and honest advances, with rebuke and indiquity to myself, and insult to

wult to my nation

It would not be becoming in me to express, in the throng loungeage of the Magistrate

that the course

Seuve of the

M. Mitchell, merito, my indignity and outrage offered to

the honor to represent that I have

It is mely necessary to prevent the forets to Your Excellency, and to

70

respectfully request that full amends be made to me and to the Govern- ment of the United States:

Jann, Der,

(Signed) former Keenan,

Hir Exxeelle.ay

Sir John Booring,

fiz

U.S. Consul.

Governor, 8er, 8.1, 8,

Hooghing.

Tine Loopy-

Astanal Secretury.

A

(Oopy.)

Larense Larkins

II.

Jolene A. Flipper, Jr..

71

7.

Assault & Bat

Hery.

The undersigned begs leave

Ship

respectfully to enter his Protest against the action of this Count in this cause. First : Because the Plaintiff is seaman belonging to the American this " Annie Buchname", from which he lately deserted; and the Defendant Chief Morte of the Sound Micpes, from which neither of them har get received a divelarge.

is

have

Second . Because the alleged Avsult and Buttery is charged to leuve been erumitted in broad of our American Hip _ the Assault and Battery of

committed did not violate

British Lour_ did not affect

any

the

peace of this &mmunity. __ And if the aforesonit Defendant havs committed oursantt, it wow committed in

an

violation of the Lowes of the Munited

and to those Lows is

Starter muly

павут he amenable, and

ow a

Onivequence

the Muited States Loonvul hour sole

furisdiction in this case.

All of which is respectfully submitted.

farmer (Signed) James Keenan,

Hom:

M. S. Count.

Chief Magistrate of Police,

Hongling, July 32, 1856.

Jove Copy Люлиник

Colonial Secretary.

?

(Copy)

United States Consulater,

Hooghing, July

Dear Sir,

72

372 1856.

Larens Larking, a Scaman

belonging to the American this

Buckna "Annie Koneknamn ", deverted from that revvel a few days since.

have the goodness to howe

Will

You

me

in arrested and placed on brand that vervel.

Here is about five feet and then melier in luight, of light completion, and how dark foundy hain.

Jam, the

(Signed) former Keenan,

Charles Mary, Exupe, Supt of Police, Homughing.

U. S. Cont.

True Copy

Istana L Secretary.10..

N.472.

(Copy.)

Sir,

11. 73

Colanial Scentory's Ypie, Vistoria, Konighing,

The

7th July 1866.

"I am directed by His Excelling Sir John Bowring to askundedge.

your letter of 3th instount, complaining

the conduct of Mr. Mitchell, (lating

Chief Morgistrante of Plise

Your complaint was at mee brought to M. Mitchell's notice, and

E

am wow called on for

that gentleman

explomation.

M. Mitchell states that our the

right of sitting

on the Bench was

ormally claimed for you by your Solicitor, he felt himself bound to

repudiate the claim, and that he James Keenan, Esquire,

United Starter bonunt.

|

1

i

trow Iven Co

compelled to refure your smurtery, aving to cir

claim ava e

Emmstances which he then and

there portionlarized.

ettered by

who

Mr. Mitchell denies empleatically that this refuxionl him in any insulting language", and on this point, and also auto his alleged "Andistive and insulting "manner", he refers to beeptorin Wathing, a brother Morgistrate, solo bears tim out in denying that his words and sonduct were governed by perfect temper and self-prosession

There are finito, in your letter to which His Excellensy directs the to make no specific allusion, lest further correspondence should groo on this implement subject, the material principle of which is

супованы

74/3.

already under reference to the hipreme Governments of our respective counties.

His Excellency Levines me to mention that fommodore Arusting how alss addressed him on this matter, and after eunusiating the principles by which his action is regulated, how consented to clove the smesfiondence

Showe, Ben,

(Signed) W. J. Morser,

bolmiah Secretory.

True Copy

Woburn bomial Secretary.

}

i

No.49

(Corpy)

diz,

the

75

Chief Magistrates Office, Victoria, Roughing, the 5th July 1866.

M

I love the limior to achinoledge

receipt of your letter N:1466 Yesterday's donte, transmitting for my 4xplanation and remarks, a commu -misation addressed to His wellency The Governor by Mr. James Reenen, bowel out this Port for the United Starter of America, setting forth certain Aivomateries alleged to houve been t

at

Mc

uttered towards line Court, in the 32 instant.

Cave dire Oiv

at this

The forets of this a follmor On the 3rd instant the bluef Officer of the "Numie Bucknam" "Neverisan "Hipy, crow brought before this bort

.

The Honorable

M.J. Mercer, Ex safe,

Colomail Secretary

Duplicate

Acting Chief Magiss

complaining of the

the trial off

Amerison Citizen,

370 to 7th July 1856.

та

upon a Wamant issued for his affore- -Senvion by the Marine Magistrate, Cuptorin Watkins, Royal Maay, he having refused to they a summons previously. Served upon him, to our

sharge of vident assouth preferred agonist luin by me of his crew, such assault howing been alleged (and after, onder proved) to have been committed sittin the limits of this harbor me the might of the 27th of June last. The summons "issued thereupon the brief Officer refused to obey" without orders from

เด

the Consul" ! A Warrant waw them

inned by the Marine Magistrate for his apprehension, and upon that Warrant he was placed at the kn of this boot on the 3D instant at about & F.M. I may mention heren with alarged bore upon

that the assault

76

the face of it, in the first instance, sucle an appearance of sprooked violence, that baptam Worthing thought

it advisable to remit it to the Court

vell

of Petty Sessions, attending lumalfour Justice of the Peace to take post in its adjudication.

a

itrad

7

Wene Captain Wathens tocking his seat on the Bench, and the cove

being called, M.Cooper Turner, one of the Solicitors of this plouse, stood up and addressed the knot upon the right of M. Keenan, as bowel for the United States, to a seat upon the Bonely when

of om American Subject

the coive

LOL

trow

before the bout ! Bearing in point Mr. Keenan's extrandinary pretensios to jurisdiction over offences & mmmitted the brand reveles everying the America flag

in this harbor, and which he

i

}

i

reasserts by his protest in this case, I looked upon the application, and the aberluten form

sin which it was made, as an attempt on the port of Mr. Keenan out leout to phare with the fitting Magistrates in that jurisdiction which the so perseveringly, Comets, i at least to appear to phone, sin it, in the of his countrymen ; one he some to bout

172

a

this recasion,

came

lyed

our me the previousmes tounded by a throng event of American Misemasters, and other citizens, emmkring at least a dozen

A seart upon the Bench having been thus clanned by. M. Keenam as a right, in the presence of this assem

assemblage of his camtrymen, and under his "recorded claims of or jurisdiction which seeks to mer-ride the authority of the Kritish brmai in the waters of a British

OLV

775

пись

Colony, I held myself bound out mice to deny M. Recum's right, aus bount of the United States, to a sext upon the Bench of a British brust of fustice I briefly started that 10

• foreign. representative could, by any possibility, clann pude a seat as a right, but theart I fully and freely recognized it due to all Convular:

ow ou

Lit

emistery. authorities, and a courtesy, which, to

Ow

form or I soar fursonally emverned, of hard always hitherto studiously oxliibited __ that I regretted I must, se this instance, lovever, depart from my usual prastice, an I felt it to be My by rest

-duty not merely to ignore W. Keenan's

elain

refuse it.

ow ou a

a

ava p

aight, but even to

- sourtery _ that Mr. Reenan having ma recent recasion, committed agrees nitrage upin-

ne the

i

T

dignity of this Court by quitting that Bouch to which he haut been so courteously invited, to revone the prisoner of the Court, and to avvault its officer, I could not, and not, witil that outrage was properly. stored for, or otherwise authoritatively decided, admit M. Recuanto a kat

Bench from which I

"

ony

President

would

sided _ _ to four from this refural

leaving been uttered by

me sin

any

"insulting language", I subunit in this letter, allnost verbation, the

identical words used by me

ou to a "midictive and

-:

aunt

and insulting mamer", my brother Magistrate, Captain Wathins, bears me out in Saying that my wonds and conduct were governed by perfect temper and self-prosession. If M. Keenan neved

78 7

it differently, it is possible he may have seen in me the reflection of

lis

is mon

preitement. To such a length did Mr. Keenan's temper confuve

his

that he

judgment on the recasions, not only repudiated the charge of revene, but turned that charge upon his accusers! _the authorities of this

of

Colony living, as he started, committed outrage upon him by taking out of his lawful custody, and bringing before their bout, an Amerison subject,

solely amenable to his

whe

-

jurisdiction as American Consul. It now only remains for me to notice some minor points in M. Keenan's letter

+

M. Kananlaring funt sin protest against the jurisdiction of "the bout, I duly noted the same upon

8.

My Munters, and appended it to the

Couve

Mr. Keenan's written request that

the Man

Linkins should be sent on brand his ship, was thrietty and ? with complied with; the

forth

Man

Nevving been sent from the bout by order, under an event of Police,

it on board his vessel without

ound funt on

a

in

moments undue delay — be pust have reached his ship as from as, if not sooner than his captain and Bluef Afficer.

viewed

Mr. Keenan's statement, that he and his professional adriver spese " Driven " from this bant, anot be read a figure of speech__ __ while the foot that there fire gentlemen voluntarily cebandoned the Defendant and left him to the " mercy " of two British

OW OL

twe

2170

Magistrates,

in an

79%

• open Krition British brist, was hardly exposing toon the liberty of a United Starter bitizen

very very formidable peril.

dhove, Her,

P.J.

to

(Signed) W. H. Mitchell,

Acty. Cleif Margestante.

I beg to return, here with enclosed,

Mir. Keenan's Letter.

གཞན་དང་མི་འདོར་

Colomal Secretar

Secretary,

Molicial.

RECENT

SER 1856

06 rong trong.

Lin,

с

80

Government Offices, Victoria, Homughing, 8th July 1856.

Inice writing my Despatch

L Inne

M. 109 of 5th instant, I have

learnt that om attempt wad made, on behalf of the Giner of the "Levant, to prooure the Remission of that part of the Judge's decree which condemned him in costs.

The pustion was

Yesterday, and failed, a

На

heard

Owin

The Right Hommalle

Homery-

Latmalere, M. P.

Bei,

Be.

:

be

Seen from the encloved letter of the Attorney General, and the Mint be envsidered_

Case

se may pos

finally Settled

Mr. Weit

See

109

5 feely.

I love the honor tok,

with the highest respect,

Liz,

Your most obedient, Hammble Servant,

биль.

mr lept

Whn Berung

1.

ViCopy!

by

C-

Sir,

Ju 8868756

Attorney General's office, Houghing 8th July 1856.

224,

81

The Levant This case was again brought

on yesterday by the Advocate for the Clairmant, who moved that so much of the thief, Justice's

Decree as

as gave.

costs, should be

rescinded, as being contrary to

the common law,

law principle

that the crown neither pays

' nor receives Costs . The

unskilful

language of the thinese Passengers

det I have more than

мисе

The Houble, W.. 7. Meras, lag?,

Colonial Secretary. 1/1

D

!

:

!

¡

82

had occasion to point out to you,

and in uro instance is it more

apparent that in this. Fortunately

I was able to satisfy the Chief. Justice, that

and

that principle. uthority supplied what was

wanting

inn that enactment;

may be that the

and it may

consciousness of the inadequacy of the trifling penalty (100? .) imposed by him, to meet the costs and charges, if they re to be defrayed by

were

Government and not

by the

Claimant, contributed to

the decree bein

being pronounced

once more in

my favor.

:

:

The Motion was

costs.

I have To

refused with

red) T. Chisholm. Aust

(Signed)

anstey,

Attorney

General

(True Copy)

up

Colonial Secretary.

1

Despatch - P: // 3871867.

bretture in

200g Hong Kong

83

$

1114.

Axcentive.

Sir,

لنقل

18.6

Government offices, Notrin,

Houghony, 8th July, 1856.

I have to

repeat the

expression

of the deepest regret that I have

with further

to trouble

you

conrespondence on the subject of the untoward misunderstandings between the Attorney General aud the Chief Magicitate.

The difficulties in which the foremment has been plovcen have

The Right Honorable

Henry Labouchere, M. P.,

87 Aily, 1853.

nu înto in se terant _

beneral re torting requival of dunas ruction for slip

Letter from the Actores

tc.

tc.

Ve.

!

been queat, for while on the one

hand it was

!

-

Bound to open the

dom of enquiry into the existence

on the

uz mi

of alleged abuses, it was

other, it's obvious duty to prevent if possible the scandal which there rublic contentions between high functionaries neccccarily create, and which the circumstances of the Colony have tended mot materially to aggravate

I have thought it decirable

* in order to prevent any complaints

on the part of the Gentlemen

concerned to send to

you

the whole

of the correspondence which has

Rached the Government and

O

J

84

refer to the Memorandum of the Honial Scretary for a Statement of its official action in this matter. I beg to say

say that I entirely approve

of the course Mr Mercer has pursued.

That it would have been most desirable (if possible) to prevent these disputes

there disputes from becoming as they have become

elements for ministering to local prejudices and passions is obvious, and even becoming effort has been made on my part for this bject_ but without seein

When the question of the

sucess.

proccedings of Mr. Mitchell as shant

+

Į

7

¡

to my

was bu

brought to

notice I laid

!

the correspondence before the

mecutive Council and they agreed

کچھ

with me

or even

that however intrudent illegal Mr Mitchell's

Conduct had been, the evidence was

ust of a character to justify my

a afering a prosecution on behalf of the Brown But

when the Attorney General determined to proceed

in his individual capacity as Grand Juron and expresied his

· own opinion that he should

prosecute to conviction, I did not

feel myself authorized to put

· a veto upon

his

proceeding.

and

the action terminated as you with

see in the acquittal of

Defendant

85

the

Another action is now

pending being brought by the Chief Magistrate against the Attorny General for defamation This be the result what it will no doubt be the subject of

way,

after communication from both parties.

am sorry to say that the ramifications of these unfortunate disputes exhibit themselves in

many forms, and that partisanship is found to obstruct the administration of curtice and

the

the proper influence of

:

į

2

!

Recentive Authority- I carnerty love that the carly nomination

and arrival

of a

Barrister

دسة

Chief Magistrate may help to

terminate a state of things whose

пис аль

continuance would become intolerable evil

1.

I have the hour to be

in

With the highest respect

سمارک

most Nedient

unoble servant,

hu Bann

M. Mist. This is a continuation of the case of which the spening is related in the Governos preceding desp. of the 7

June. W.99.

an inquiry into a chaye against the Acting Chief Magist We Witchell, of having is touted, or tried to total mones from certain prisontes in the gex. The exquires failed to establish that M. Mitchell hast.

That desp! reported. that the Attorney Gerd., M. Austly, had set on foot.

cumin alles _ but that he had actext

indiscr

creetly, and, according Acts of Preliament ; illegally, &

capsuly of Sheriff.

bo

M. Setoucher.

That if the Sheriff had =

Meg My

it was beyond the

province to interfice

other n and is proceedings dropped, Witchell

her

had no ground

Complaint. But

Sequel. Anstey,

Now corkov

who, who then

From any

special

200

Dus.

غلار

}

{

le

Animosity against Thitchell, or from a pure desire that the administration of justice should be beyond reproach, determines to act in his individual capacity of a Grand Juror (which sums strange, to

but may sccording to law and prosecute Mitchell. Mitchell was therefore tried at Anstey's crestance, & ecquitted, a Austers attributes to the partial cumming up of the Chief Justice. In return & in defence of his character M. Mitchell intimates His intention of prosecuting Ausley for defamation. The Governor, who tepores these unseemly goings has used every effort in his power to arrest them, &f the consequent public Scandal.

Can you

My impression is that at present

86

nothing

bythen : or my Wit to be done by the I. of State : Indchelli Retion, which is pending, may

terminate unfavorably

for M. Ausley - Fer the brown's Attorney Geneal. To be Convicted of defamation is a serious affair - and coupled with his recent reckless

of intemperiid the

as

Chief Justice, would together mark him as an unfit

that of person for so distinguished an Office an Attorney Genual. . If, on the the hand, Austry is not

. Convicted of defamation, and if he apologizes fo his conduct towards the Chief Justice it with them

whit beume a

sertion as to the interprecce

Afficers so p...... th. S. of State should wxxriese ove to quanel and disturb the harmony go. Community. But it appears to me that the moment fu that interference has not aviced. & may not arrive. Austry's conviction after the pending tial

may queally help to settle the busine

Wilt in

forward them for you comisty

مال المكسب المندر سهل

Compounder As a pessoal.

ال

6 Febr

7. FS Ng

Dispute betin My Staytay other (Vi

3

I may

become recepary & notice this but be put by till the

the action agst for Austey for the present it may

result of

Known

Mo Lyst

Lept

Govenor Sir Kau Bovering $t Aly 185.

Pretoria, Angkong,

12

The light the team andere MP.

- till it-

4 Meizures.

Rieciven

me

trial for Misdemeann.

In the subject of the Mitchells

87

Mr Merinte

From this

Ni Pakei

hong long

you

with

Lee

that Ausley has timiraphed

Mitchell. quest andmail 13 Sept56/Ms.

Mer

and

itt

Hm 031

my rightly I beli

Minoi

M. 2. N..!

܀܀

:

(borty.)

Sir,

You

Ini

Attorney Generals Office,

7 June 1856

I love the limior to inform

83

Yo that, in my capacity of Grand Juror for this Colony, I have felt it my pomput duty to ouvertain the truth of the very perime charges lately under your cognizance, respecting the alleged expiation of

ed exaction of movies from prisoners under pentence by the Marif in whione custody they were lodged.

Love

गे

X

Your letter of the 31 - ultimo, which I have now the honor to crckunsledge, affrared to infirmette new word torken of my non duty,

I had inasumah or you thereby gove me to understand that Mr Mitchell's

a

The Honorate H. J. Mercery Page, Colomail Secretary

1

2

g

Conduct

"Eriduct seerned open to the change of "illegality, but that, in His excellengs ofinion, the evidence likely to be " obtained in support of it would not " justify him in directing in preveention

behalf of government" I felt that it be livved me to aveertonin, and by the only proper_

171

Meanes

the rather of the

of the parties -

what evidence existed and could_

1row

П

and

be obtained on that subject; I also felt that it believed me after Levening Hir Escelieney's intimation that it wow not his pumpove to direct me on behalf of the broom, to institute the necessary /orrecedings on my own authority and responsibility ow Grand furor

The forst that the privours, spon

whom the extortions

farid to

extortions ivere found

have been attempted,

wire

89

Chinamen,

appeared an additional recesing and a very important one, for giving a judicial form to the enquiry; Exxcelleney

that, right m there is on

wrong!

is Murare

His

general supression

that

a

are

amongst these people think they made the subject of extortion in the Courts of Justice, and most expecially do in that bout pino temporarily presided ver larte Sheriff

by the

Hu

I have the hover to forwoud copies of the Deproitions of Jenn Aysing, the Cline, Turkey, Mr. Mackenzie, the Keeper of the Privony. Which Asuing, the first prisoner, and- Lee Alamo, the second prisoner, all taken yesterday.

Mr. Dick's Ividena with be wanted to identify the letter

1

and Franslation which led to the

enquiry before you and myself,

and which I believe

*

are in Your

Jour

custody. On receiving them from your office I with exhibit them to

Sick and receive his testing

Mr.

testimony. The criminality is prima fercie Ostablished in my opinion and judgment

rent by the Pridence taken. (I have the lining to artify to His Excellency that the assistance which twit talented and zealous young mom how afforded is in-

man

valuable. I unted him to.

lit

உஉ

T

attend merely that he might give Awing, the Supreme Count Interpreter, the recessory efflimation from time to time, as to what hard- poused in the private examinations of there of themm intuersed before

Love

i

ماده به کارها از

90

5

L

yourself and me. I had engaged Alwing to be prevent out the firivore Interpreter, and he had prade

express promise

OLV

Ane Dun

reve promise to be there at the lines pamed. Honvever he did not attend, either them or at the hour to which after

taking the

1506

to attend

the first examination I wow compelled to adjourn the taking of the rest of them; howing to the Supreme Court. Mr Dick_me both recariow took his place, and requitted himself most creditity I humbly hope that his politure services this performed mory the thounks of this Government Lee Avno is danger nuly

and

gour

Receive

ill,

his ovidence with an

in

effort. I would suggest that he kept undisturbed, and that

E

T

P

6

precautions be taken to protect the sick, man from being exjoled or menaced . He is off prison-later oit present. Cheh Asing and he, I trust, will be detained lure for the present. The other envicts Fransported to Poning.

I have, Be

Arc

here

(Signed) J. Christohen Antey.

Trie Copy

ни

Bostonal Seeretary.

In 80 691;

917

(Copy) At Her Majesty's Gart of Houghing Depositions taken in rath before pue the Attorney General and Grandfurn of this Colony, the Seventh day of Jeme

A.D. 1856.

-Thent

Choring the Interpreter learning regleated to attend, our by affinint #yesterdowy - Mr. Thavan Dick is sworento interpret. für Alyeong being sworn in the bliners fouliony Sewith, (M. Dick interpreting where the witnerver English fails.). –

Jam the Loking or Cliner, Turnkey of this Youth . Iremember the

19th March last, when the capital sentences of the Cout Forint bonists

were commented; that

when it

wow sound the

they

Ara

1vere

"The day

- pot

to be hanged. It row announced me by Mr. Mitelull, and I toldt

to

}

· LII --- -

929

AT

the prisoners. On that recasion

12

HE

those

wow

said about payment

nothing of augstumey on 7th April last Mr. Mitchell, the Corte Sheriff, ordered me to to #hirve reprieved prisoners and persuade them of possible to get some suoney from their friends to pay a Bill incurred at the book- - shop for provisione supplied to my order, acting under

but about the 6th

the in

on

li

orders from M. Mitchell. Thove

Let them have

onders were

3 gave

-thing they like - suver mind ten or twenty Dollars a day - Hoe me theme orders on the night of their condemnation, when they

back from the Court, and also on the next morning. I did what he told me, and gave the requisite

ecume

C

orders to Thin-100-chum, whose Cook- - Herp is below the Central Police Station, opposite the Queen's Brouk. The account wow

me to be handed me to Mr.

- given by him to Mitchell, and I did so. This wood.

1

on the 29th March. It came to $227.50. Mr. Mitolull perided at the amount and tore the bile, but he did not them orden me

to persuade the prisoners to try to get the amount of it from their friends,

nor did he,

៣.

Head

reversion, sory anything about the forismer's paying it. Between the day and the order he gave me ( on the 6th or 7th April), and which I have mentioned, nothing further poused on the subject, except that on the 44th or 5th of April Mr Mitchel

1

10

Immmoned

072

gowe me, through Mr. Mackenzie "the Gooler, directions to fend for the Cookstrep keeper to come up to the Youh, and sign a receipt for his

The books sopkeeper, Money. being oned by me, comme

Mr. Mackenzien tendered to brin in my presence the sum of £ 7 and

stilling, or a very cannot recollect Hotly certain it was not £ 8 . The pane

the

money, but grumbled:

and

a

received

little mer

Jan

he received it mely by my

Signed liv

his name to a

he

advice:

to a receipt ceipt

would

for the amount he had received,

not for his bill sin full : I seot sign a receipt in full, and

wow not owked to do so.

Aday or two after this, that is to

to dry, on the 6th or 7th April, I received

{

too hea

93

that order from Mr. Mitolull sorich I have already spoken of the gove it to me, in person. The reason he aussigned was that the bith of the bookshop Keeper for him to pony. I gave the provrage loughingly and astonished to the prisoners, and they langlud were astonished, saying, Hon "ridiculous to expect it of bonished "situation!" We were

in

pr

ed and

hear

all oustonished. I never hard hours

They,

of such a custom before. lovever, Sound they would try, but did not make

muided

Crive

1 week afterwords M. Mitshull doon with his servant, Lyc-Avi, to the Gord, ( Lyp-Asi hord formerly been Crier of the Folice bant, but houd been disunivsed sepon a suspicion [schich]

T

G

12

think drittfich_nely ] of having taken fragments from a gount

gaunthing house cellled Chic for, sohich Mr Caldwell broke up. M. Mitchell then took him

into his service ou

house servant

of

and comprador.) On M. Mitchell's erning to the Your with Lye-Avi- Coming I informed Mr. Mitchell what the firimmers hard sound. I told keine

that I did not think that there

Araw a

chance of his getting any any money from the prisoners' friends.

On this Mr. Mitchell called the

five remaining prismers together (the birth, long Achim, having been poromed and discharged), and, through the medium of Lye Avi, asting as Interpreter, in my presence exhorted the prisoners to revive the money, telling them that the amant

srows

Move

92

trous bxcessive, making allusion to the number of friende sols had been exerting themselves on their behalfs and Iuggesting that they (the prisoners) might be able to get it " from their friends. Their anvis

merely an allusion to their and relations in general. They mode and that of their friends poverty

in promnice. Then M. Mitobell Lys-lvi went onway. Tone days afterwards the privmers asked me lino punch primney soned be pointed from gach of them. I told them light onten terels apiece. The prismers

เด

And

were punch amused out the idea, but did not refuse. No further_

communications besides those three over poused on the subject, to which

I wour

o privy. Ou peither recasion

d

1

I

Glamorgan ..

:

F

:

14

trow An

Any

distinct arra

arrangement made

as to the hounds into which the

Tuney

craves

enu

a

airy-

07

ractice at

لا

to be paid by the prisoners, except that it war to be applied in poryment of the book- -Sheep-Keeper's tralance. On peither of those three recasions did thing paws on to the Queen's Fordon. But it is an that time of the year to talk about the Queen's Birthday, and the pardon's me that day, and I- certainly did hold out hopes to thurve five prisoners of their pardon the Queen's Birthday, as well as to other prisoners ! The Keeper_ of the bookshop_ how not yet ke.. paid his balance; he has been "Continually asking me for it. only yesterday he asked me to pay

4

195

15

him. The amount due to him was

and

is upwards of 190 Dollars. Snice the Colonial Secretary, and Attoway, General come to this prison. questioned me on the above subjects, Mr. Mitobiell and the prevent theriffs Mr. Mary, with the Rev. & D. Leggen Interpreter, excrmined, me out Mr. Mitchell's house (they loving sent for me there) about",

my exermis -nation before think former function _aries. Trepeated just to them

Ouv

Love

what I had told the others, and.

Mr.

what I have said to day. Mitchell examined me from the Contents of a paper which, I irad informed, come from Mr. Mercer, the bolonial Secretary, and I believe that what that paper contormed I said. They did not inform pre

E

i

į

16

that there

anything in it soleich

divergreed with what I told them,

nor do I war kun that there wor

non

much

M. Mitchell seemed to be very Amoyed, to judge by his manner. Noe arked mis hether I had received any money from the prisoners" and I said that I had not. I howe

never received

received my in foret. Lyells " was alss examined and confirmed

statements. We

not

Avera si

all my examined on rath. The prismer Lee Arno's sending a letter to any body out of this

this prison_Sam put of. Prisoners com send letters

Aware

quite well wittiout my kunning of it.

Chinese Signature)

Sworn, Dato:, (Signed) J. B. Murtez, A.

Read and explained to the intners

through

Me

(Signed) Homow Dick-

96

Adjourned at p part 11 A.M. until 6P.M. the same day. At 6 P.M. resumed as follows :

17

Reber E Edward Marchewzie, king duly

Hoorn, faith.

Min

own the Keeper of this prison, and home held that office fince the 10th of March last. Juice I was appointed five of the East Point carnets hove how their sentence of death- commited, and the fifth have been

Fardou

divelarged by Free Pandow. Hiree of the five have price been sent to Penang sunder sentence of Transportation. There mely remain two here the the Prison, Lee Awar and Check-Arsing.

in

I remember to trave haut Some couver

-sations with the late Sheriff, Mr. Mitchell, on the subject of lunged for the food of those five couinets.

i

They were all sout for me proning and M. Mitolull in my prevence desired the bliner Looking (Alying) to tell them that the bookslope bill for their food

very heavy,

7 and more than the government would pay, and that they had better advise with their friends, and the if they

would get a little inmey

it they would get

to ecumerate the bookshopman. We did not pry how punch the

bill

hopinel

after their

Sentences were commited, I do

not recollect their answer,

To the best of

of my

Hactly.

recollection they

send that their friends

Avere VER

very

from Mr. Mitchell then went curary. I wow not present out any other

conversation, Mr. Mitelull,

on

tatomy

never

came to the prison afterwards.

D

food he cove Istined have been

should

Hard

979

19 97

forevent or kinnon of it. Before that Conversation, (and I think about the 4th me 5th of April) I received from the Treasury the sum of £7.2.0 to be proud to the bookshopman, according to the Sheriff's (Mr. Mitelalte acement but in to the Treasury. Mr. Mitolul directed me to lend, and I did send, for the bookshop- -mon, and I paid him the money = There were two on three words between

him and the Looking, and he (the bookshopman) then signed the receipt.

Money

for the

I wow a reee. received - not a receipt

in

full. Kuning that his demand for more $229 dollars to the Mr. Thord best of my recollection, I hard gove to Mr Mitchell and orked him whether

20

I wow to pay the booksidimam the £7.2.0. He sonid that I now to sing

it. I then asked him what shoved Iols if he objected to take that fun, his demand being for sure? I do

Ido

auswer.

that I wows

not recollect Mr. Mitchell's a

Hoe did not tell me to be liable. Hoe emed not : for the directions or to their food.

Ivere

Jonsived here. They

given before Jarrived

hard an immence deal of food, and The very best of it. They

Jarl

had 110

Jarl diet whostsoever, only diet

mily from the carting line. This lousted mutil the night before the day of the execution of the two pirates under sentence of death, and for some 17 or 21 days afterwards, o about that. Thove twos lived on the sonne diet up to the day of

days. I

2/

98

then excaution, that is, about 19 I snow sent for (J.

Sent for (since the vivit of the Colonial Secretary and the AttorneyGjeneral to this prison) by Mr. Mitelcell, to attend him at his house. The Tes . D. Lagge and M. May were there. Hirve two owked me p

stated,

what

• questions. I

most

in anciver to M. Mitchell, Ixcotty isliat I love pine-defined, and further I started the circum- - stances of the ivit pond to this forivon by the Colonial keretary and Attorney General. He did

Attomey-General. tquestine i entradist, my statements. Lye. Asi srar alvo prevent for a few minutes. Only

r

11t

few words were at that trive

Sand to him. I left Mummediately

afterwards, he is a servant

+

!

F

i

i

Mr. Mitolule, with a bailiff that I Hoe wow formerly on encore of

Am

Mother of the Police Court. I was not

in

in the colony at the time be ceased to be Masher. The

wow in Mr. Mitchell's

Service when I returned to the Coloy

171

the 31 of Betober last, I had

#

left the belang in April 18574. Hoe

Then am Msher of the Police mort.

brow

Mr. Mitchell did not examine me

172

rath. In all

my experience

this is the first instance of any application loving been made to prisoners for ellarges of any kind.

(Signed) Prot. & Mr. Kenzie.

Severin, thes

(Signed ) T. C. Mustey, M.G..

!

1

23

99

Chel Musing being soon, in the bilinen fashion (Mo. Dick again interpreting )

saith_.__

Jain me of the five

of the five East Point Coviels whose sentences of death

1 were Com-

-Munted sin March lout. The Los-

Ive we were t

- Kong of this good (Ayning) asked me, about two weeks after sentenced to death, to four or Seam recollects to pay back a certain sum of Mumay for the Cookshop till for my extra food while under sentence of death. ( The sentences hord been in the countime commented.) We were all prevent: and the forme

Request of payment was made trake of us. We avivered that we poor, and that our friends and =

relations

if

if

we were ver

very

very firor; but that,

vivere

ivere ver.

we hood pen and ink,

we would

:

ויו -

25

I

244

write to them, and see if it wows

possible to raise the money by sub- -seription.

We

not them told

were li

Mame, ou

the amount, some time afterwords Mr. Mitchell and his servant, Lye. Avi, came to the prison. Lye Avi, in Mr. Mitchell's son ous Interpreter, asked us for money in the forme say on the Looking had Ave before. That was about two weeks after Sentence of death Munted. Lye Asi sonid that, if tre "did not pay back the money,

Wood Com -

wo

Mr.

of

Mitchell would not take care ses in future - would not look to our interests. We said " Frost will rest with the Magistrate, that is to say, with M. Mitchell. Then Mr Mitchell and Lye Avi went away. We heard nothing more of the

!

iends who

100

a

matter after that. A few days after I note to me of my friends lives at Sort Print, Kingblins, a house-builder, and directed him to shew the letter to Aviara-cling the Entractor, asking for the money to be reused for me! Kingelios by

૧.

Jaun-a-choy's directions come to the

gad to hune the amount. Sarked the Gader Jr Ayning. We tuid about ten tacks . I told Kingalow this. Hoe went.

went away, and I have heard more on the subject.

Theme Moving

nothing

2

Sionic before me, the (Signed) J.B. Anstey, 1.9.5

Read to the prisoner and inter-

-preted by me

(Signed) Thomas Dick.

1

!

26

Jie lying, recalled, forth.

L

The prismers asked pue for pen, ink, and paper, to write to their friends for the money, and I gave them what they asked. Kont I think this

wastin

M

three days

after the time when Mr. Mite hielt arme

Hois Chinese Signature)

(Signed ) J. B. Anstey, A.G.

Read to the witness and inter-

- preted by me

Signed

Thomas Dick.

Lee Avar, sur in in the blinere forlian, (M. Dich interpreting) Sorith

Jam me of the five Court Fit

Sart Comunicts, whore sentences of death iver commuted in March fast. The first

time I soow asked for money

10,2

101

Aran

by Mr. Mitelule through an Interprety whose name I do not know, but whom Scan

Com lees

recognize if I ke him. He came to the yard with M. - Mitchell. The Looking

In

Avo

also +

for any

prevent. They did not ask particular sume. They asked me to give book some Miney for the excessive amount of our food whichst we were under fentence of death They did not say to whom it. to be pond back. The Interpreter told we that it was Mr. Mitchell's desire that it should be paid back. The reavm assigned

amount of food

wow wa

that the

wrive. The

of food war exec sv

execrrive.

Interpretes soud that if we did not

give the Mney, Mr. Mitolull would

not take care

of

-110

us on assist us.

}

!

1

?

}

!

ANT

28

We said that we were poor, and that our relations were poor. Then Mr. Mitelule and his interpreter

Three days afterwards

went onary.

I got sick and paper from the Lookong, and wrote a letter to y priend Wong-tow, a ardhia head tuan,

who lives at Dart Pout in a house

of his family.

"

with his wife and Hee en tracts for coolied and provides them when required. Tent wows the letter which

That

Mirov

produced and read to me from a Fromslation by Mr. Dick the other day here, in the presence of the -Colonial Secretary and Attorney General. I wrote it myself. It contamed the whole truth. The hoper of pardon

mentioned in that letter

Avere

held

out to me (five or six days after

102 29

Mr. Mitchell's visit before mentioned) by the Looking, fir Alying. I unders Min

д - stood lusin to pory that, if the mag

111

were poid, M. Mitchell sould have my name put upon a list for pardon. Those same hopes, travever, had also been raised in my mind before that, before I wrote that letter.

There was a

ne

Loo-

report among the priemere in general, that the Lor prisone -King hard Ford so two or three days after M. Mitchell's visit. Anice I wrote that letter I have

heard nothing either from M.Mitolar relationes no the subject. Nobody

or my

Πι

has questioned me on these subject o snice the Colonial Secretary, and Attorney-General

I came here.

con

(his Cliniese signature)E

T

30

Sworn, Be:,

(Signed) J. C. Anstey, A.G.

Read to the prisoner and juter-

- preted by sie

(Signed) Thomas Dick.

Robert Edward Mackenzie, recolled, Saith.

Seven

More referred to my books, and find that the five prisoners were kept on Extra Diet and allowance for foren days after the excaution of the two- Pirates, and not more. The character of Wick Ahring and Lee Mons, the ton priemers who have been this dory

examined as withersees is ver

very good in the prison. They are quiet, Submissive men. The Looking

• bears a very good character. He

es

has been five years

in his present

in

E

employment.

103

(Signed) Roth, E. M. Hergie

Sivorn before sure the

the

#

7th day of June 1856,

(Signed) J. B. Nustey, A.J

Adjourned 1

until Monday next

31

at my Chambers -

(Signed) J. Clusteslim Anotoyste

7. Since 1856. Y

True Copy Colonial Secretary.

L

1

32

*

(Copy)

Sir,

In Po69/56 108*

Attorney General's offices

10th

* June 1856.

I enclose a Copy of D3⁄4--

Dempster's evidence taken - yesterday.

33

I have further to inform This Excellency that thinking

it but fair to Mr. Mitchell to take the evidence of his servant

Lye

asi before making up my

mind to file the

Information

caused

against him, I yesterday canno to be served upon Lye asi

a

surumons returnable before

The Houble : W. 7. Mercer, Esy?,

Colonial Secretary.

I

¡

3134

35

me

:

this day at 2 P.M. at my

private residence.

ear : and

He has failed to appear

in his stead I have been

favored with a visit from Mr. Mitchell himself, followed by his two present advisers, Mr. Parsons the attorney, and

the barrister. Mr.

Mr Day

"Day after demanding my authority to issue such

svenous or indeed

a

any

summons to that witness,

and in

informing

me that he,

Mr Parsons, and Mr Mitchell

disputed my right to call for any testimony whatever

|

ended by telling

105

me, (what:

it would have been less

asi luinself offensive for Ly asi

to dove without such a

demonstration as that, ) that

Ly

asi would be advised, or

had been advised, not to

appear

red at

He has not appeare.

any

rate, and I am

2102

preparing

iv

to close the cave.

But I subruit to His-

Excellency that this

gross interference of the acting Chief Magistrate with the office of the law and its course of action ought not

E

:

336

+

to pass unpunished.

I have, 70

(signed)

• vete

7. C. liisholm Anstey.

1.7rm Copy? Maurus

Mi

Colonial Secretary.

Copy

Im 8069/56

106

At my office in the Court House of Houghong Monday

9th June 1856. Jaures Carroll Dempster,

re

Perg ., M. D., and Colonial Surgeon,

bsg

#

Maketh oath and saith. -

Jam Colonial Surgeon

in the Island, and, as such,

am

Surgeon

to the Gaol here

There is no other Medical

officer. I was never consulted by the late Sheriff. Mr. Mitchell, by the Gaol authorities,- nor by any other

nor

& person

ax

to

the propriety of a change from

the

gaol diet to

as

any

other, in

the case of the last bint convicts

3138

39

107

lately under sentence

stence of death.

5.

Sconsider that the gaol diet

is al

already

too abundant and

I have been trying to get it

· Certainly, if

reduced.

I had

been consulted in the case

of the convicts in questions,

I should not have advised

any improvement of diet, especially such as I witnessed myself.

in their casse. This was

in March and

April last.

our and

Every day, between four

ve o'clock I used to see men

five

E

I

going up

to the

gaol loaded

with trays of all

trays of all the delicacies

season, such as

of the season,

saiv in this

in

ol, nor indeed

· gaol,

any eating

These

плече

house here.

for the Convicts_

int. Once I n

from last point.

was

going my rounds with hikenzie

the gaoler, when I came

the Five

прои

prisoners lying in

their blankets, with their

feet secured, and two policemen

watching them. The

pris

The prisoners

were at their dinner. They had

every

Kind

es

oranges

They

of delicacy,

They had

even to

and units and tobacco,

were ea

smoking.

and

I never

eating drinking and

they laughed

and

enjoyed themselves much. McKenzie informed

d me

that

.

!

j

!

:

*

40

they had sam_shin (spirito) too.

Sexclaimed "What? Men who are going perhaps to die tomorrow? He said that such were his orders.

I consider such orders most ~

I have had considerable

improper . experience of European gaols, not only at home, but

да

the Mediterranean; and also of American gaols : at the different places where I

have been stationed: and

I never saw such things

going

ан

there.

(Signed) J. C. Decapoter.

Sworn before me this 9th day of June 1856

C.

а.в.

(Signed) I. b. Austey. R.C.

2P.M.

Adjourned until 2 P. the 10th June at my develling

(signed) T. C. Anstey

th

103

m. of

9th June 1856.

thue Copy) Люблиник

Colonial Secretary.

41

House

4. G

է

!

42

!!

:

1

мови

No. 42.

CHIEF MAGISTRATE'S OFFICE, VICTORIA, HONGKONG, 10th June, 1856. SIRI have the honor to report to you, for the informa- tion of H. E. the Governor that the enclosed notice in the form of a subpoena, but devoid of all penal conditions, was served upon my Orderly, erroneously designated as my "pri- vate servant," one Lie-Asi, yesterday evening at 5 o'clock, and by him placed in my hands with a request for instruc- tions under the premises.

As this quasi subpæna affords me the first indication I have had, that any "matter" is depending, or on foot, in which I, as late Sheriff of the Colony of Hongkong," am concerned, I now beg leave, with all respect, to enquire of H. E. the Governor.

"matter" in which I am con- Imprimis.--Whether any cerned, as "late Sheriff of this colony," is depending, or any investigation on foot touching any conduct of mine, in that or any other capacity?

2. If so, I would crave to be informed, specifically what that "matter" is ?

3.Whether any Commission has been issued by H. E., or any Tribunal constituted, charged to enquire into any con- duct of mine; if so, what that Tribunal is, and where it holds its investigations, in order that I may present my- self before it, enquire of the "matter" alledged against me, and claim to be heard in my defence touching that matter, by myself and my witnesses.

I found the foregoing enquiries, which I put with all re- spect and becoming submission, upon the following facts.

I learnt last night for the first time, that a formal enquiry, had been re-opened at the prison in a certain matter in which I am concerned, on Saturday the 7th instant, by Her Majesty's Attorney General, who pleaded to the Prison Authorities "the Governor's Authority" for his proceedings,

I find that by virtue of, or otherwise under shelter of such "Authority," the Attorney General has taken against me the evidence of the several witnesses examined UPON OATH, such evidence having been not only taken against me in my absence, and wholly ex parte, but without any notice or intimation of any kind being given me, that such an investigation was on foot, or any Tribunal established, * such as I prayed for in my memorial to the Secretary of state, armed with adequate powers, especially, with power to to administer an oath. As this mysterious and irresponsible tribunal has this day taken upon it the function of sum- moning a party, whom it designates as my "private servant," from my private residence, to the private residence of Her Majesty's Attorney General, there and then, in my absence give to tele evidence upon a certain "matter,"

which

is not even made known to the witness sum- moned, any more than to me the party accused, I beg leave to know specifically, whether the tribunal in question is or is not armed with legal authority, aud whether it conducts the proceedings in question, upon the full know- ledge and reponsiblity of His Excellency the Governor, as is alledged by its representative, the Attorney General.

I deem it but right to bring these proceedings, to the notice of His Excellency at the very earliest available mo- ment, after they have reached my ears, and strive to do so, some three or four hours before the departure of the out- going mail this day, as it is my intention which I especially request may be conveyed to the Secretary of State by this departure, to lay the whole of these proceedings, in the form of a solemn protest, before Her Majesty's Government by the mail to leave on the 10th of next month.-I have the honor to be, &c.

W. H. MITCHELL.

The Hon. W. T. MERCER, Esq.

Colonial Secretary.

H

In po 69 / 34 Атро

109

:

No. 6.

In the matter of WILLIAM HENRY MITCHELL Esquire, late Sheriff of Hongkong.

To LYE ASI.

You are hereby summoned and required to attend per- sonally before me the undersigned Attorney General of this Aprivate Colony at my dwelling house, or bungalow (late the residence of William Scott Esquire,) situated between the Hollywood- Road and upper Road, wherein you reside at the hour of two of the clock in the afternoon of Tuesday, the 10th day of June instant, then and there to answer such questions in the above matter, as shall be by virtue of my said office of At- torney general, propounded by me unto you. Herein fail not, as Witness my hand and seal at Victoria, Hongkong, this 9th day of June, 1856.

T. CHISHOLM ANSTEY.

(Signed,)

ToLYE Ast, of the "Hermitage" in Victoria, Hongkong, servant of WILLIAM HENRY MITCHELL Esq., of the same place late She- riff of Hongkong.

-Que Copies)

H

Colonin

÷

44

;

No. .—(427.)

COLONIAL SECRETARY'S OFFICE,

VICTORIA, HONGKONG, 11th June, 1856. SIR,-Your letter No. 42 of yesterday reached me at 11.30 A.M. when the despatches to the Secretary of State were being made up, and one hour after the Schedule was closed and signed.

It is impossible however under any circumstances to forward to the Home Government communications sent in on the morning of the Mall's departure.

The Attorney General has reported that be is making a preliminary investigation into your case in his capacity of Grand Juror, and His Excellency the Governor, before whom your letter was laid immediately on its receipt, is doubtful as to his power to control the Attorney General in such capacity.

His Excellency is sorry to learn that a war of mutual attack and defence is being carried on between yourself and the Attorney General, which, whatever else may be ita consequences, cannot but bring with it much scandal and opprobrium. Sir John Bowring earnestly desires that some means should he found of terminating these unhappy dis- cussions, which interrupt the proper discharge of public duties and the calm administration of public justice. I have the honor to be, &c.,

W. T. MERCER, Colonial Secretary.

(Signed,) W. H. MITCHELL, Ësa... ́

(True Copy)

(блис

In 1069/56

مسال

110

45

Colonial Secreting

весий

4

7

:

46

wi

akmal A

:

j

No. 45

CHIEF MAGISTRATE'S OFFICE,

VICTORIA, HONGKONG, 16th June, 1856. SIR,-I have the honor to acknowledge the receipt of your letter No. 427, of the 19th of June,-

The first three paragraphs have my most respectful atten- tion.

With reference to the fourth, I have merely to observe that His Excellency has been misinformed in respect to "a war of mutual attack and defence being carried on between my- self and the Attorney General, or the statement is only true with this limitation, that the attack is the Attorney Gen- eral's, the defence to that attack is mine. With reference to the scandal, I lament it, as sincerely as His Excellency, but I leave the Attorney General who has provoked that scan- dal, and whose sole work and uttering it has been from first to last, to justify it to Her Majesty's Government as I shall be prepared to do, in proper time and place hereafter, while I am ready now to meet the Attorney General's im- pending attack, and all its consequences, in whatever form they may present themselves.

Sincerely lamenting a state of things which my conscience acquits me of having done anything by word or deed to inaugurate.—I have the honor to be, &c.

W. H. MITCHELL

The Honorable W. J. Mercer,

Colonial Secretary.

(Ime Copy)

Иллиник

Colonial Love

..

47

111

1

7

48

(Copy)

Attorney

Sir,

8069/85

Generanchis 69/14

112

General's office,

Hong Kong 19th June 18560.

49

With very great reluctance

wituess

Jagain bring the case of the witions Syy asi before His Excellency

Ly

having received as

yet any

not

scknowledgment of the application

made

by

me under date the 10th

instant, nor

to

having any reason:

• suppose that the andacions

interference, between that

wittress and the course of criminal

ofcriminal

justice, of which the acting chief Magistrate of Police

was ce

"

The Houble. W.7. Mercer, lagu, Colonial Secretary

certainly

---

T

50

quilty in that case,

:

by

que,

has received

as re

· as reported

any

notice

from His Excellency . In the mean trine the facts have become

notorious : and at least the

Chinese population are led to

suppose

that Mr Mitchell is

powerful to protect not only

himself from scruting or

enquiry,

but his servants and

friends from

de from the

the perraltion

with which contempt of lawful

anthority and protes

are

by

the laws of England supposed

to be punished.

On a following day I had

occasion to

again occas

to request an early

12

decision as to the

113

51

à gross insult -

thus offered : - my

services as

"Gand Jury being sought by ta Tarrant of West Point

of West Point, for the

presentimen

and a

ment of a nuisance;

again

uit

I took that occasion

out to His Excellency

to point out

that, until I received such

decision, I could not with much

satisfaction to myself undertake

the arduous

duty to which Mr.

Tarrant invited me.

again I have

letter again

110

reply.

еко

as

To that

yet had

" "The Information against Mr. Mitchell has been signes

a week since; but, in the hope

-

;

;.

52

53

of being able to do him the justice

of examining

f

his servant and

interpreter, Sye asi, before-

him to answer

calling upon to a charge, of which if innocent that witness's evidence might go far to clear him, (although, if guilty, the same evidence would undoubtedly go as far the other ways) - I

I have not, until this

morning, served him with a

expy,

nor even

even part the parchment

Miginal upon the file.

the file. As I do

not wish to restrict his time

for preparing his

his defence to the allotted-Five Days, I have at

the cansed those two last

length

114

steps to be taken ; - and he is

this mor

morning

served with a

Expy of the Information this morning files of record

on the back of that Information

I have cansed Lye as i's name to

be entered as a witness. The

neglect with which

my :lications to His Excellen

His Excellency

application

have been treated has so far answered the defendant's purpose,

that at this moment I am

quite ignorant whether Lye asi,

if

Love a witress

called, will pro

E prove

ма

ofor the Crown, as stated by You dyving, the Turnkey, or a witness for the defendant, a

as

:

54

2

intrinated by Mr. Mitchell in

the course

with

of his correspondence your department when

the main matter was still

under the cognisance of this Excellency in Crecentive Council. Nevertheless I thought it the

fairer

and the manlier course

to subparia to the trial,

a

even

this witness, all triumphant in his protectors impurity, and to give the latter opportunity to call and

arr

examine luin, if I as not.

to

I have this reported This Excellency from the first

step taken by

me, all the

1

proceedings

former lette

in this case.

$5

115

my

ver letters and the present

will, I presume, be considered

a necessary accompaniment

to

any representation which His Excellency will feel it his duty to make to Secretary Mr Sabouchere on the subject.

I have, 7°

(Signed) Chisholm United

(True Copy) Moturur

Colonial Secretary.

Anstey.

7

:

56

!

thi

الا

D

No. 盒—(443.)

COLONIAL SECRETARY'S OFFICE,

VICTORIA, HONGKONG, 19th June, 1856. SIR-It has been represented to His Excellency the Gov- ernor that in the case of an investigation conducted by the Attorney General representing the Grand Jury of this Colony, a witness duly suiamoned, one Lye Asi, was obstructed by you, and his evidence intercepted.

His Excellency instructs me to call for explanation. His Excellency, has also become this day aware that a Criminal information has been filed against you by the At- torney General,while according to rumour a Civil Action for defamation at your suit is pending against the Attorney General.

The public scandal which is associated with these disputes between two gentlemen of high Official rank is if possible most desirable to avoid, and it is His Excellency's most earnest wish that these actions should not be allowed to pro- ceed and for the accomplishment of so desirable a result His Excellency will be happy to lend his aid-I have the honour

to be, &c.,

(Signed,)

W. H. MITCHELL, ESQ.,

&c., &c., dc.

W. T. MERCER, Colonial Secretary.

A

it

Упис Сору)

Colonial Secretary-

!

116

L

1

1

58

*

T:

A

No. 47.

CHIEF MAGISTRATE'S OFFICE,

VICTORIA, HONGKONG, 21st June, 1856, SIR, I have the honor to acknowledge the receipt of your letter No. 443 of the 19th instant, and to state in re- ply for the information of His Excellency the Governor that the representation made to His Excellency of my conduct in reference to the party named Lye Asi, on the occasion in question, was precisely the reverse of the fact. So far from iny obstructing or intercepting the due course of Justice on the occasion, I studiously sought to promote it, even by presenting the man, so far as I could control him, at the door of the Attorney General's "Private Residence" on the day and hour named in the document which purported to summon bim. I had previously re- commended the man to Mr. Day, the Barrister, instructed by Mr. Parsons, the solicitor, under whose further advice I presume, he acted. Having placed him in attendance at the Attorney General's Private Bungalow" Icon- cieved that I had done my duty by him, as well as by the Attorney General Seeing from the document exhibited to me, that this man, my Orderly as Chief Magistrate, was sumitioned to attend at the Attorney General's "Private Residence" to give evidence in "the matter of, William Henry Mitchell, Esq. late Sheriff of Hongkong" I held it a duty to myself to attend personally, first to lear what that matter was; Secondly to learn the con- stitution of the Tribunal charged with its investigation; and Thirdly to claim my right of being present at any examination of witnesses or taking of evidence in any "matter" affecting me.

The Attorney General having thought proper to refuse this, I bowed and retired. So much for myself. I must with all respect refer His Excellency to Mr. Day, to justify his proceedings in reference to his client Lye

Asi

With respect to the remaining burthen of your letter, I have to state in reply with all deference and respect to His Excellency, that the difficulty in hand, does not ap- pear to me to admit of compromise, involving as any compromise inevitably must do, the Attorney General's private interest with his public duty, as well as my per- sonal character and official conduct under a convenient opportunity of screening both.

!

The Attorney General having filed against me a Crime- inal information, I must now demand as a right, that such information be prosecuted to final judgment, as affording me an opportunity of clearing my personal honour of a foul scandal, or His Excellency, Her Ma- jesty's Service, of an Officer who has disgraced it.—I have ! the honor to be, &c.,

(Signed)

The Hon. W. T. MERCER, Esq.

Colonial Secretary.

W. H. MITCHELL, Acting Chief Magistrate.

(Free Copy)

Colonial decretry_

ہے

117

59է

}

{

Copys

In 8 64'5 112

Indoba,

Attorney General's office, Hong Hong 24th June 1856.

21,

61

Sir.

Regina

V

Mitchell. Cr. Sess.

I have the honor to inform

on

that late in the afternoon you

of yesterday I received in court, Whilst engaged there. in.

examining the plaintiff's witnes

in Massee v

chun chin 600,

-

a

nost irregular notice from the Referidant's Attorney, Mr Proms, for the production of

the

following papers; _ "The Garl "Accounts, Requisitions,

nisitions, and

re

The Houble : W. J. Mercer, beg

Colonial Secretary.

}

j

"Vouchers for

1856

the

mouth of March

rred to in the Letter

referred

ter mentioned dated

hereinafter

1 20th May 1856; - The

о

original

Letters, written and sent by the

"Defendant to "Wit Mercer Ef

udant to the Honorable

7.

as Colonial

Secretary,

May 1856, 20th

and dated res,

&

respectively

May

18561-

18th May 10th of June 1856, ( and the

Th

'enclosure therein, dated get " June 1856) 16th June 1856, and

21st

* June 1856, and all other

" Vouchers, Letters, or Pepers, in : the Possession or Power of the "Plaintiff [40] relating to the " question between the parties

119

of this

[sic] at the Trial Criminal Information

tomorrow.

Desiring that the

Misdemeananti

be

may

J

not

63

- prejudiced in his defence I have extracted the points

For the

of his application, for

information of His Excellency

But it is

my duty also to afford to precedent for any future attempt on the part

of some ignorant or presiuning practitioner to renew the invasion.

I have therefore returned to Mr. Parsons the extraordinary document with a replay, copy

1

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}

bu

oard on the other

of which I forward.

side. It is very probable ~ therefore that his next ~ application will be made to yourself .

I would or

only

remarte in

conclusion that the letters

which I have felt it my duty to solicit from you for production

at the Irial tomorrow embrace

every

letter written in May

ou

last. You

will see that mir

Ambrose Parsons is contented

begin with Mr. Mitchells

to be

letter of the 15th May, If I remember right your first

letter to Mr. Mitchell, his.

· reply

120

65

to it, and the deliberations of

the Executive Council, all

occurred осси

before the departure

of Mr. Hillier on board of the Singapore.

#

" which sailed

10th May last.

I have to

17.

on the

(Signed) F. Chisholm Anstey

Attorney General.

(True Copy)

Colonial Secretary

:

7

bh

Popy.)

121

by

The Attorney General, conceiving

that the enclosed Notice to

' produce which reached line late yesterday whilst recupués

in court, has been addressed

to him in ignorance of his functions, returns it to Mr Parsons, by whour it purports to be signed.

Her Majesty's other departiment within this colony are quite the office of

independent of the attorney General.

He is solely responsible for his own. He has not the power

to direc

or withhold

production

of the Records

C

=

- l'

68

of the

the Colonial

office.

Attorney

General's office,

21,

HongKong 24th June 1856

Ambroze Parsons,

re

beyo

Attorney for W. H. Mitchell, yr. J. P.

(True Copy)

Mmm

Colonial Secretary.

N..B. These Documents together

with those forming

2, 3, 4, 5, 6,

5,6,7,

Enclosures

o and

مهد

9

in Governor's Despatch sigg 47th June 1856, constitute the whole of the official

2

69 122

Correspondence produced in Court by the Colonial Secutary

ab

the trial of Mr. Mitchell.

Colonial Parlary

!

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ח-די

.....

Copy

Sir,

Ind06a

123

Attorney General's Office,

28th June 1856.

v. Mitchell.

Regrina The treabethis

this misdemeanor

ended last night in a Verdict of "Not Guilty", under the following

Circumstances.

A long speech from the (Mr-Day,

defendant's

dant's bounsel (Mr.

consisting almost entirely of a review of the official correspondeus

in the case,

and the Conduct

te, and

The Houble : W. J. Mercer, Esq.

Colonial Secretary.

+

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2.

of His Excellency's Government, as well as of mine, in the course

of which he indulged in much

tion Nowards the

vituperation

they

hd

wearly

a parties

-

came in question, - head day when

exhausted the

his witresses began to be called.

into the bow. By the time that

I was called ou

the day

day,-

was al

for my reply,

- the third of the trial_

already

ended, so that I had

scarcely light to read a note

when

my speech began,

and

for some considerable time was

• proceed with it,

allowed to pr

in darkness.

literally in

Makring the

the most of

these

3

124

untoward pircumstances, I told

that I would not weary

the

jury

them with any analysis of my

"notes of evidence, but would simply

make a

Comments on

a few es

the

"material portions, inasmunah as " they would presently have to listen "to a faithful recapitulation of all-

'the viva voce evidence at least

" from the notes of the Chief festive, " and would be at liberty to insput "the documentary evidence. "(comprising Mr Mitchell's " letters) for themselves : at the close of my speech I reiterated the observations which I have

underlined; -ared 1. I conjured

+

T

t

:

}

H

them to pay every

attention to

His Lordship's notes; - pointing our

-

to them that the case Nurved

entirely upon the question, -

mixed one

a

of law and fact, w to the intention of the defendant to extort, by colour of his oppia of Sheriff, : reminding that, from the brother

and remindin

way

them

in

which the evidence had been

elicited from unwilling

or

timid witnesses, the irrelevance

of al

all that portion of it which related only to Mr. Day's -

-

rather the defendant's impute- - tions on the conduct of. this Excellency's Government with

X

-

125

relation to my prosecution of

the case, - and, above all, the

wearisome

way

in which the

5

taking of the evidence in general. had been protracted and interroge by a variety of causes, - it was to be feared

-ared that they had not appreciated as yet its consequence

and

ard to the

: effect with regard question at issue, or had been wisted from the consideration of it to that of other and collateral matters more immediately popessing interest for the

little community in which.

we live.

To my surprise and

1

?

T

!

E

T

i

6.

disappointment, the Chief Justice,

who had not said one word,

in the course of these remarks

of Mine, - at once

sitting

already

by

upon my

down informed the Juraz,

no doubt too welld

well disposed

their late sitting to finish their labors, - that he should

- not think - unless they required it of reading any of his noter

' to them, - that the oral evidence

voluminous, - that there

was

" was all that official correspondence and that really the question

Noo,

they had to decide was a

le one,

simple

ve

very

had the defendant

the intention to extort?' The.

T

Jury

consulted together,

128

and,

an about five minutes.

minutes, their

foreman, ( a Mr. Ryries) stated that they

would not trouble

" his Fordship for his urtes, but " would like to hear his opinion " as to the law applicable to the case. The thief Justice then informes

(I quot

them,-

cote his words as

erly, I think, as it is possible

nearly

to take them,) - that extortion

is a

of money by a sheriff from " persons in his custody i " crime, - that the receipt of " money by him from such pri- " is extortion, although no violen

be used

or

prisoner

merrace uttered

F

being

[ the

words worderlined ben

added.

upon my subsequent protest, I that

the att

t to commit extortion,

attempt

For any

other misdemeanor, directly

or vindirec

edirectly, is itself

a misdemeanor

" and that if they thought the-

"defendant quilty they must find. 'him guilty : "His Lordship here

aused and

and then, changing his tone, resumed as • follows; - You ' will find him not quilty, if "' you think that all that he did was to make a suggestion to the "' prisoners that they ought to pay ' the man of the Rookshop ! In a

minutes the jury returned.

· few

a Verdict of Not Guilty. Before

{

9. 127

I left the bourt two of them informed

that they

me that

they had.

had found

: found the

" Verdict entirely upon that last Statement of the judge as to the " suggestion," - conceiving _

that be

" ureant to say that in that case, "it would be quite immaterial ' whether the defendan

dant was or was

not himself liable to pay the bill "to which his suggestion head- reference - I beg

to add that--

this information was entirely voluntary on their part, and that I had not sought any conversation on the subject of the trial with either of them .

The ruvission to

rec

to recapitulate

1

11

10.

the evidence is the more to be

d, because, in one or two

regretted,

important respects that obtained

from the defendant's own witness, greatly given for the brown. A perusal of Dr Leggé evidence for instance_ particularly that

corroborated the evidence

that part of it, (the concluding part) which,

under a..

highly proper

reciation of the duty confessed

appreciat

by him to speak

the whole-

"' truth, be volunteered to the

will satisfy

bourt and jury,- His Excellency of the truth of my last observation . Not only

Avas

the credit of Lee Asow established

most fully,

123

and the un

nworthy.

aspersion on the papacity

and

honour of the young man Mr Eick, which Mr. Day had so seder

had to sedulously labored to simprint, effectually removed, - and the apparent contradiction between Yue ayning

the Turnkey's statements to

o you.

and me, and his evidence in

chief, satisfactorily explained

and a

a new and.

adjersted, - but uimportant confirmation was obtained of the evidence an to the principal matter of investigation, the question namely whether the liability of Mr. Mitchell to the bookshop

man had

had been prese

present

}

!

f

12

inself and

to the minds of buinself

the other parties at the time

when the

the exaction or suggestions. was attempted. Dr. Legge shows

that Mr Mitchell considered the

Jusukey to blame for having

'run up

че

up such a bill. Therefore

the Cookshopman cannot have been considered by the deferrdant,

at that time, as having actes under the authority of

the

convict under his and the

Tvernkey's Custody. Dr. Legge further shows that the

Turnkey

under the very just

impression that for provisions

supplied the Chief authority.

10

7

-

13 129

the otheriff, - who had commandes the Cookshop-

it, was liable to

to pay

-man, - had endeavored to induce

the Sheriff, through the - instrumentality of him (24 Legge ) the defendant's friend, -

to pay

arid

the amount demanded;

that be, the 'friend' .

so

consulted, was at the time-

uaded that for the amount

persuaded

due, whatever that,

the de

i

& might be,

dant was liable to the

defenda

bookshop man, jointly with the Turnkey - "they ought; be

told the latter, to cut it down

to its pist

'dimensions, and

and pay

it between them; ' _ not a word

14

J

15

130

ed on either side, at

being dropped

you may perceive, (if you get

the Chief pustice's notes

of

of the

pretended liability of the

prisoners, to which the Jurors

pero

supposed the suggestion' spoken

e

of by the judge

not necessarily

to relate.

Under all the circumstances

of this trial, I am clearly of opinion that there has been as complete.

estice as ever

a miscarriage of justice furnished the grounds on which,

in a civil action, a new trial

has been granted . It is unnecessa

sary to say that no such redress can

be had in the present case

I have the entire conviction

that the quilty purpose of the

defendant

dant wO I

in proos .

His

fully

established

acts were undis.

- undisputed

and indeed, in the face of his own

letters, indisputable

The oce

occasion

eared to call

-appeared

for the Report of my proceedings, which I beg may

be considered.

in conjunction with the Reports

ние не

by u

previously handed in by this subject.

I have, To

: a) I Chisholm Austey

(Signed)

General

Attorney

True Copy

Лоби

Colonial Secretar

:

Despatch $7/457/853

heloze PD in

1

In 2067/56

Memorandum...

131

I was subpanal by both

parties in the proscention

Regina vr. Alitelell and exten on to produce certain official

Fremments

the production of

which I procured the

NMCECLLALY

authoritt from His Spccllene. He

lorrun

}

One published account says that I protected against their production _ I did not _ I thought

it necessary

اساسن

- public ground and

for the protection of my office to show clearls that I was not bound

:

F

i

Sancak

Letter

from the Attorng

reporting

recuit

Misdemeano

Aur Mitchells Frial

ルー

87 June, 1856.

i

132

i

to produce them, and I quoted on this point a case in which

the East hidia Corrany

Conecrued.

nvas

Me position was contimated

neither to Judge un Counsel,

and I

Sten handed in for

riend

1

the Gharum's written authority, expressing me readincu & qive ever information in my power.

A neither of the Public

I

-Rints, publishing the Evidence, correctly reported, and the Register's version is merely distorted

am

for the purpose of personní, attack. But correction of the crrosis umeccssary especially in the

the courtimenton terms

Evidence & the

free applied to

Chick Justice and Counsel for the

prisoner in answer to a serious exportucation from myse if in the wither boy

As regards the result of the trial I consider it to turn entiels

on a

difference of lequé opinion. between the Attornes Several and

the Chick Justice - the

former aronine that the ilets 7 Parliament were

sufficiently comprehensive to the Sheriff

make the acts

7

however indirect and incomplete

come under the term

A

Misdemeanor, the latter

---

!

i:

instructing the Jury that

cutation

n

attempt to cutort

must be dicety proved.

Jiquch) HP. Mereer,

Colonial Keretary.

Colonini Secretary's office,

Victoria, Ang Kong,

8 = July, 1850.-

しいし

trial Secretary-

.L

Copy

We 51.

Sir,

In 18591,5

133

Cliief Magistrate office, Victoria, Honghong the 7th July 1855

yu

I beg leave, with all respect,

to inform His Excellency Governor, that it is not

The

my

intention to address the Secretary

of state by this departure, on the

subject of the recent trial-

Queen

и а

against myself for

Misdemean

anor and that I

accordingly leave the

The

first-

resentation of the case to ther Government, entirely

Majesty's

in this tecellency's hands.

The Houble: W. I. Mercer, Eyre,

Colonial secretory

{

F

...

t

As my suit against Mr Anstey for defamation of character, ~

cannot be heard.

before

No.115.

B

SER

1826

Legislative, You 2176/5t dir,

the 14th

Gov

instant, I prefer to wait a decision

upon

ир

that issue, before obtruding further upon Her Majesty's Government.

Meantime, I have the honor

en the

to request that my side of the -correspondence read upon recent trial together with this letter be transmitted to the

Secretary of state by the out

going mail

I have to (signed) W. H. Mitchell,

(there Copy

Actz Chief Magistrate

Colonial secretary

8070 Hong Kongs Government Offices, Victoria, Houghing, 9th July 1886.

As directed in your Desintet Nr. 52 of 2. May last, I have the how to forward Copy of Lond Grey's Desported to Sir folum Davis, Divallering Ordinance M. 10 of 18945.

Morning

I have the honor to be,

with the

highest respect,

din,

Your Most Obedient,

Homable Servant,

John Beans

Me Right Honorable

Hury-Lobmeḥere, M.S.,

Bei, -

Be:

น..

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соку у

Lerd Gregs

Pet by softer mathing

Mr. Be

the Entry

Puttry

6 Sapli

a.

مریم محررد

App 9

1

1.

Copy)

Wo% 115.

Enver

Sir,

Im 8070/56

135

Downing Street

23th September 1847.

Referring to my

bircular

Despatch of this date on the subject of the Naturalization of aliens, I have to observe that it supersedes

the Ordinance enclosed in your Despatcle of the 20th October 1848,

Nr. 141, for the Naturalization of Aliews, within the Colony of

Houghong . To make way for the

operation of the general rule-

Governor

Sir John Davis

yo

yo

1

i

laid down

by

Parliament the

that

Queen is pleased to disallow

wce, and

Ordinance,

Her M

Majesty's

you will cause

you

decision to be made

known to the Inhabitants of

Houghong

in the usual and most

authentic manner.

I have 7

(signed) Grey

True Copy. Wohurnt

136

7822 Hong Kong by the

Schedule of Despatches transmis Governor of Hongnong to the Secretary of State

for the Colonies by the Mail Seamer" "Malta via Southampton on the 10th July 1856.

no

Fate

of

of

Desp

Desp.

RECE

IVEL

AUG30

1856

Debject of Despatch.

Duplicates.

Juel

83 247 May 1856 Acknowledging receipt of exspatches to news for speil man now

9/1 20th June. Transmitting, for information, Consular Ordinance No22 of 1206

85

#

Ab340

Hy.

88

89

go

Colonial Secretary.

#

#

پیرو

#

Reporting appointment of Mr. Mercer to the vacarit seat in the Legislative Council

Enclosing documents connected with a difference between the thief Justice.

Attorney General ..

& Justice and the ar

Reporting execution.

of a Malay Sailor, named Samarang

Regarding an overpayment to the Commissariat chest, on accocrit of two Intestate Estates

Reporting extra assistance allowed to the Treasury. Commission, and urging appointment of a successor to Mihieve scener, on the occurrence of the expected vacancy

Relations Relative to the appointment and Salary of WW2 Beren, the acting bleak to the Chief justice

2

Military

Forwarding correspondence with the Mili authorities, on the subject of a saluting Battery..

:

1

}

i

n

Mr.

ī

Date

Dup Desp

Subject of -Despatch.

92 5 June 1856 Subinitting for Confirmation Aldinance 439 of 1856

" to explain certain enactments re

для

t

95.67

196.

980

#

9979

:

#

#

7

#

soigt 100 gr.

Confident.

مرید

tb

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#

#

#

5

relating to shipping

:Subruitting for confirmation Ordinance. W:10 of 1856

for

Cis Peridens and Purchasers"

Subinitting & further appeal from Captain Wothius, R., on the subject of his claim to Free Quarters

6

Fuel

of

Date

of

Desp

Subject of Despatch.

137

no

of

4

102 1/4 th June. 1886 Reporting Public sale of Farme Soto in the vicinity of Pongoolam

103169/95

2

101, 5th July

Reporting Transportation of 21 chinese convicts to huang on the 20 may 1

Hansmitting Report and Costiinate 42 3 of 1886, for certain important works in the Worgneichung Valley.

name as

Reporting Mr. Bevon's withdrawal of his t Candidate for the office of judge's clerk

سلام

Reporting inability to forward, the Rays Report Appendix by the outgoing

Mail

Submitting an appeal by Mr Mitchell to the secretary of Mate, from a decision of the Executive Council

a

-

Relative to MiCaldwell's readmission into the Colonial:

Service

Originals.

2

now

nove

Enclosing correspondence with Wildgar on the subject of the difference between the Plisef prstice

attorney-

General

9

10547

106"

#

tt

107594

108

109

110

#

#

#

111 90

and the

1/2

#

Further Communication on the subject of the pudicial bour missions appointed in october and December 1855

Forwarding appendices to the Report of the Bowring Maya Cour mission

acknowledging receipt of despatches to NR. 52 of 2nd May, and

various Circulars

Submitting for Confirmation Ordinance Nr. 1/1 of 1856 " for lighting the

City of Victoria ?

the city of

2

wove

2

/wirk to stralop

The 12 of 1856

J

Suburisting for confirmation. Ordinance Nr. 12 " to regulate Chinese burials, and to prevent certain muisances within the Colorry of "Houghong ".

Replying to despatch Nr. 45 of 12th April, on the subject of Mr. Bridge's suggestions for the suppression of tracy in the China Seas. luclosing application from the Colonial Surgeon for increase of salary Relative to the adjudication of the Ship devout".

acknowledging Despatch Nr. 40 of 90% March, and enclosing Colonial Surgeon's certipeate on the subject of Mr Selby's dearch.

13

Subruitting for confirmation Mr.diicance No. 18 of 1856, for the admission of Candidates to the Rolls of Ractitioner " in the Supreme Court, and for the lavation of Cosits "

Reporting

of

recurrence

ence of

Consul Keenan's denial

the jurisdiction of the Colonial courts over offences committed on board American Vessels in the Harbour.

Preist & extre

copins of the Ordinance)

(with beve

copies of the Ordinance)

3

i

i

:

Date

of

Desp. Desp.

fith

Subject of Despatch.

11 33 8 July 18 Reporting final settlement of the Levant case

114

On the subject of Mr Mitchell's trial for Misdemeanor.

no

of

4

115 9th.

#

Forwarding copy of

Carl Grey's Despatch disallowing

Ordinance ng 10 of 1845.

the address

Also a packet from Sir John Bowring

of

to

Mr Under Secretory Merivale.

པས་མ་རའའའའའ་་་་་་ ཁ་ ་ན་ ནང་འའཆ་

Colonial Secretary

سے

Ansive 6 Act~/56.

116.

creirl.

DET

18.

dir,

8602. Hong hong 13 Egremment Officis, Victoria,

Roughing, 19th July 1886.

()

The attention of the Dark of

Clarendon how ur doubt be

called by the Commissioner and Lowest General of the Pacific to a decision of the Supreme Court of Homolulu, which, seriously

compromising as it does the interested of this Colony, Ideen it. my duty without delay to bring

or

to your

notice.

The Right Hommable

Hocury

Labouchere, M.P.,

Bel

Bel

i

for

The forets of the

Hist

Cove are,

вы

in the year 1854 a Domish revsel

receding from this Port to Homolulu, with a Longs of Tea and ither

Eargo forotuse, wow changed 15%, _ Such_ furduce being chargeable with dewhe Duty if imported " from blime or the Philippine Islands – But both Denmark and Great Perritorin stored by Treaty in the position of the purst fourred nations, and it now not contended that if the produce had some from balifornia nowy fint 1

hort of the United States a Duty of more thom 5% could be claimed.

brought by the

An action

Pow

Consignees, in April term 1855, to

139

reever book 11% of the 15% paid,

and a decision

Low

in their

giveitin

foror, - upon coluich an appeal being made to the Supreme Court, - judgment of the lover boust

the

wow reversed

and

де

༡༩

strange to day the judge of the lower bount then started he thought his former holding had been wrong, and he envoured with the whif furtive in overturning his

on decision

It appears to the that a mere statement of the forets of the

the Cade

will be sufficient to obtain redress

a by for a state of things by which an

1 premium is held out for the diversion of a trade from

]

it's direct patural channel (a British Colony) to American harbors, making a viveum-amber- -lation of many thousand Miles I have the honor to be,

with the highest respect,

dir.

Jour most Obedient, Houmble Servant,

Jole Bann

140

:

1

j

ان

Trade

Board of

Mr Elist.

السلام

18 Seps.

شا

Hhould bot

Freeja

offic

م محمد of

that the

of considerable

imprstanice to the

Foreign

obrowing

Subject is

གལ་

r

Lest

отв

1

6th Jan

Corr

8602 Ato

Khory

not sent us

ud Eegr

banatted

Lee F1.6.

MUTE

Elliot

Trivale

SEP& 23

129

acro

Fir

21

Water.

B6.N°116

7 This a' tioductio

solemn for

it

Just an

L

Kamsitting women

биоло

Jetty of Beale

VILL D

141

Jam Mo Sey

I am directed

by

Labanetière

to transmit to you to be laid before-

the Carve opletarends

thie

copy, ofers Despark

from the Gover

of Hougtions sulyst f

menting a

the

the duties

levied in Honolulu.

Simports from

Hoongthong,

X Du leping

Co Le

useation

Meis

before the Eart of

i

=

Clarendon

ов

CAAAA

не

to regecest

you

to his Inestrip.

that Mr Labouchere

is of

gresion that

The subject of

The Lohn Bowenigs

Despensers

>

considerable importance

to the Frade

Rotory.

of this

евскидка

to

and dan dewird de

often that t desiet in one of

виро

Governor 8604? H. Kong. 142

For: Office 8744?

Sei John Bowing

6th Bet 136

116مار

MINUTE.

1856 QOTR

MBB

FRElliot VB Merivale WRJ. Ball

tchabouchere

I have to acknowledge your

2 Out Despitet t. 116 of the

6

19

it July respecting

dirties levieť in

Honolobe

622

the

Imports

from Hong Kong.

I enclose for your

information the copy of a Cherpated from. Ster Majesty's

Consul

at Woahoo reporting.

that the Legislature of

the Sandwich Islands has passed

Bell

ד

.!

:

repealing the Act which imposed a duty,

of

15 per cent upon Chinese Goods.

I have be

117.

Inancial.

Ansend Doctyste N°114

Siz,

%

SEL 18

18.

8603 Hong kong

militerment offices, Victoria, Honighing, 19th July 1886.

I have the hover to inclove

Report and Estimating with plan Attached, for an Mero Magistracy, the want of which is felt under the following einennstanders : _

The present binh Vorspital is inconveniently ploxeed, and of size insufficient for the increased umber of patients constantly fore- -sented for admission; it is,

The Right Hommable

Neury Labouchere, M.P.,

%..

:

j

2

Innover, situated on a hill, the

sides of coliich are so for enton washed away as to render the building somewhat inveenre. It is a Bungalno, writtent on supper story, and of, no great patie.

The present Magistracy is the

αιστί

the Youth, which is pisited mice oftener daily by the belonial

and is well suited for the service of a Civil Hospital It is proposed therefore to Envert the present Magistracy " into a bint Hospital, which with bring the institution more con- -semently under the

oye of the

th

сде

Colonial Surgeon, and fronde

1

к

1443

that proper accommodation for the portients which the present building is able to supply.

I should here remark that

the increase in the umber.

of

applicants at the Hospital is to be attributed solely to the grooth of the population

"On the removal of the Hopital

Me

t

the brown of the lith with be reduced, and a platform thriped- for the Building down in the plou. This arrangement with be -very- accceptable to Suitores and others, 10 l love business takes them to the Police Courts, ou there will be

will

placed ma, tunch Inver level thron

....

37

}

!

j

4.

that me which the present lements

are

Situated,

while

ile ow

regards

attendance of filice, and Enveyouse primers the change will also be beneficial.

of

The amount £7, 260.1.9 is

such larger than I anticipated, and down not prepared to dang that I am actually in a position_ at present to expend to emsiderate a fun; but on some provision this nature must before long be made, I plowse the Report before. you, and ask your Toustion of

which may be speented

the measure,

when viroumstances justify the undertaking.

145

One part of Captain bonour's

Letter I must correct - Public

A

اما

..

· Subveription now bet on foot for the purpose of funreliasing a publis block mily, without reference to the Tower; but now this proposed Komiliding with recupy a site in the most central part of the city, it in probably the locality which the subscribers will prefer for the sxlictation of the block, and anangements have accordingly, kem made in the plan.

The Sun

of

$16000 has been

erllected in account

count of the public

Clockin, of which I howe authorized the prongment of $110 from the

· -

ז

1

I

Colonial Funde

I trust the measured to reported will receive your approval and damation.

4.0

I have the honor to be,

with the highest respect,

dir,

Your most Abedient, Fimmble Versant,

anereson of

Mr. Mist. The first impression, hesh proposal to resend

a

of another public

large

the receipt of this

of money

work in Hong

sich, if he d

mot like great care, spiled the hirin

Labouchere to caution the

Governor accordingly – which

opinion the Treasury pertate.

of this means

Csarte

has been done. Of saran

where a

Colony

increasing in wealth and

prosperous,

population

on

The Crection

banners fog rey

And in

such.

beggia

эру, в

146

Accommondation futtie puttic Leurce mast

at-home

be correspondingly made. Nor do I we

Nor do I very veh Ivery well See how the God can interpose unlesson the unnistateable ground that the projected works nicht an rippenditure reading the resources of the Colony. This is a point which I think it is the duty of the Governa

Car Re

to put very clearly before the Goo - before

sauction.

he

to his applications . quien Apurning that the proposed Majestracy is a necessary and incirtable work Juill remind you

that the Governor has on hand the erection of police Stations at a coch of ₤4,494

that there are certain works - roads and

.

on in the Wangmachen,

pices & thick-pois cost £ 5,588:

going

which are

Valley the Praya

or

₤12000.

Braning" Quay - £100% R

a besides these, the two last of whet observe, are ripped

rexpected to pay You must distive

for themselves in consquence of sales of Lend or of rents to be derived from

Adjoining Gort Land rendered more. valuable lasthèse imepievements,

to get his own

is keying

£.

1000 per ann

Salary

the Gov-

increased

& recommendations recasionally.

terrive pon him on

behalf of the Offices

whose salaries he thinks she be miproved as well

1.

I

t

i

S

}

Es liesoun. Having deserved this ment

as to the first effect of this appitication I

et

Per inclined to think that the second sipepion will be more favorable - if e least, the premieres ace conect. On turning

es go 4-13. and 16 to the Governo's desper No.

Jan.

of Jaw /56 it will be seen that the Rent roll of the Colony

has had an

andition of

3000 گئے

aud

Heat there was

Victoria

Hongkong, 1856

the Rt. Hoüble

19 July, Governor Sir John Bowring

H. La bouchere, M. P.

N.117.

1 Inclosure.

Received

of 1856 for

and Estimate Mo

Forwarding Report

се

Houghong.

Magistracy in

then a surflies of E £15000 put out at

unterest in the Oriental Bank. Apurning

this to be correct, and

not been absorbed

thest tatt has

in

any

way,

there we seem to be money

mough to pay for this & the other

which are to pay for

Contemplated works (2y whit.

themselves.) But the Governor throws score than

doubt over the notion that he hear

he

he

says

sufficient means for his shject, for is not actually at present in a position to "Expend the considecable sum

named in

The Estimate. He may how ? be so when the time arrives for undertaking it. On the whole therefore I come to the conclusion that it would not be proper to object to the

altogether

the work submitted by him to "the"? Coun decation of the Secretary of state, but

be required that he should be

to show

how he stands in a pecuniary point

of views

- now & puspectively as far,

cans tell at least

the

- and that be be

informed that if his means are

Gosaik

ties

proved to be sufficient the Gort a then consider I decide upon Application.

Eror Ball

If pear very

Confidenen kann

C

Froman pins all.

ther

AMS. 20 Sep

pustin

6 plan

the

the

2

le disposition

whos

posit

Lov

in satisfeiert

4 sanction Putin works Likely

1. Cummit, for thirt

Mann bin (chez

with gield the requint

– ich some of Character Juse from

extremely enterassing miding for heren

the

ན་པོ།

7

L

<

Enterprising

2

My Home Fort, Арти

action.

sume of Fland

77

!

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:E

F

Answer that for Labouchere.

will not

But

be indisposed to consider_ this proposal at a later period if the it is shown that the available means at tim fully Disposal of the Cot. Gout will suffice for the purpose. But many expensive works have recente. been authorized and both with a view to the finances

x to the available supply of the Colony of skilled labour. necespan, for the

construction

ал

works Mr Labouchere

fox is unwilling out present &authiinge fuition underlings of this characte

Governor 8603 Hong Kong. 142

Sir John Bowing

N°114

MRUTE 23

R B "Elliot

Merivale VJ. Dall 2

Laboratory

-i

Ser

4 bet750

I have to

acknowledge you.

eto

مل

Despatch t. 117 of th July last

19

the

enclosing

a

Report and

Msz

23 Seph

Estimate with plan

attacked, for

OL

em

Magistracy at Hong không

I shall not

to

be widisposed consider this proposal

at a later period if

it is shown tha

7

1

the available means

at the disposal of the Colonial Government will fully suffice for the purpose.

But many expensive

Works have recently been authorized, and, both with

view to

the finances of the Colony and to the available supply, of skilled labour necessary for the construction of suct Works,

I feel

unwilling

at present to authorige

further undertakings

I

of this character.

I Lave!

!

N:51.

--,

+

(Copy)

Sir,

In 8803/56

149

Surveyor General's Office, Victoria, 8th July 1856.

I have the limor here with to

14:6 of 1856 havmit a plan and Estimate

for a new Magistravy iluste is required for

for this belong, and I prepove the site uno resupied by the Ciril Norepital on Seddo's Foil, and in adhering on for av pervible to the wants expressed by the blief Monistrate, make to the buildings of a Clook tower, for the creation of which and the

rection'g "purchase of the clock & intveription

-me foot in the Colony. When the service is ordered,

onddition

Belay.

Bola

Spesifications and détail drawings

The Honible: W. J. Mercer, Esquire,

Coolmual Secretary.

1!

1

F

2

for the guidance of contractore with be at mice prepared

I return you the letter of the Chief Magistrate, which request

You

with send with the estimate,

and am

diz,

Your most the dient servant,

(Signed) William Conoper,

Noting Surveyor General.

True Copy Mone

Coolmual Skoretary.

P

Estimate of the Expense. Navn Magistracy

Surveyor General's

277

поло

Victoria.

Victoria, 8th July, 1856.

£7260.

7

}

Report and Estimate

N26 of 1856.

>

}

}

150

1

}

عم

Art. of Instructions, N3

Office of Surveyor General.

Estimate of the expense necessary to be incurred

for.

4 delv

magistracy

in Victoria,

Plan

ar

description

A

мене

Police Court or

Magistracy out of the 1128 (Garde cube digging and throwingout ground accommodation being considered necessary, he for foundations @ 6 present Estimate is prepared in accordance 19812 ft Cuber foundation with the requirements stated by the Chief Magistra in solid mass

a clock, the $6.278 ft Cube brickwork Public with best Tagan bricks

"firecincts of the Gaols and with increased

with the addition of a Tower to receive i expenses of which will be

which will be defrayed by

"Subscription I nopose for the Building

masonry @ 7

and stove line

The site I rropose for the Building is that mortar @ of the present Civil Hospital

ou Pedders Hill.

$200 feet cube walls

set in mortar @ 8°

&pecifications in Detail and Working in granite stove Trawings will be prepared for the quidance trought 2 sides and of Contractors as soon as the Estimate shall have received the approval of His Excellency 5429fts Cube granite The Governor.

Approved When Bawal

Governor

stove in block 12 ft

length

вы

and set

w

mortar @ 1/6

2799 feet cube grauite

under 4 in length &

set in mortar @ 9 2100 feet Superficial plain work

Forward

153

28. 4.

315. 7.

1641. 8. 10

240.

407. 3. 6.

104. 19. 3

2737.

2,

*

:

Forward Circular on Columns /

1350ft Supe plain work

Columns Straight @ 10 2800 ft Supe moulded

work @ 2/9

92

base and Caps for

Golumns moulded and. worked Complete all quaterials and labour including fixing @ 50%. 168 feet run grauite Stone Steps 12X6 wrote bedded in mortar @7/0 768 ft Supe 4 grauite flagging laid Complate @ 8 1540 ft Supe marble tiled floors to Berandah

a

bedded in mortar &

jointed in Chunam

Putty @ 1/4-

2737. 2.

122, 10,

181.5.

385.

138.

10. 10.

25.12.

102. 13, 4

160 Squares roofing

Forward

3702. 12. 11

3702.

153

|

:

Fanpage w

Forward

laid double with best

tiles materials

12.11

3702, 12.

and labour

@ 30%

240,-.

256 feet supe sash

frames of Manila

haid

wood solid

5 1⁄2 x 3 t @ f/r

201 feet Supt. 2"

moulded bar sashes

Chung Complete @ 10 1200 feet Supt 11⁄2 in Jalousie shutters hung Complete including things Screws, bolts, hooks & Eyes &c. @ Y/r

840 feet supe 2" doors 4 panel framed flusk Square and flatt moulded including Anges, Screws,

bolts, the Forward

14.18.8

8.7.

70.

4035, 19. 1

153

:

:

1

:

:

Forward

Complete @ 1/8 1200 ft Supe 2 half glass doors including glass, bolts, hingespe Complete @ 1/4" -

1400 feet supe Cedar single architraves above 24 girt@ 2800 ft 11⁄2" door Jambe urought framed Squade

#

& flat and fixed Complete at 9. 38 squares first use of Contering complete including shoving removing and fixing @

25/5 -

3276 feet cube manila hard wood framed &

fixed for roof @ 4/6 -

653 feet supe 14 Steps

Forward

k035.

985. 19.

70.-

105.

154

I

93.6.8

L

105.

48.9.

737. 2.-

5194. 16. 9

!

Forward

and risers including brackets with straight moulded nosings fixed Complete @ 1/5

aid

108 ft Suple 1" String boards to stairs wrat moulded & fixing

@ 10

16 Newls Teak wrat framed turned and

fixed @ 1/3

124 feet run hand rail Teak averaging 3X 3 wrought mout and fixed @ 1/4 - 253 feet cube best China fir rough framed for roof xx @ & /r

200 ft run baluster

(X1" wrot & fixed @ 3 -

Forward

5194.16.9

48.19.6

4. 10.

1.

8. 5.4

37. 19.-

2.10. 3298-17

155

!

ب

Forward 665 feet Supt. 1/4 deal gutter boards laid Complete

cluding bearers

for Dr @ 9

11/1⁄2 feet cube

Manila hardwood wrought framed &

rebated door

frames @ 5/7 147 feet supe 11⁄2 teal ledged and headed and braced

doors hung Complete @ /% 460 this wrought

now

Straps bolts X utts for roofs @ 6 64 mortice locks

with brass furniture fixing Complete @ 8%

Forward

5297

156

2418.9

3.4.2

9.3.9

36.10.-

27.4. 5899. 1. 3

!

157

Forward

46 pairs 4 brass butt hinges @ 2/

@ 6

164 thy hook and eye hinges a 56ft Supl 21⁄2" framed and braced doors filled in with 4" batters and hung folding @ 1/5

1 - 100 iron rin

lock and

@ 87%

fixing

2581 feet cube best China fir rough

and

fixed joists be

@ 4/6

924 Squares 14" deal floors wrot rebates filleted and laid brothen

joints @ 68/5°

Forward

5399.1.3

4.12.-

4. 2.-

4.2.

4.4.-

8:-

322.12.6

314.16.- 6049.15.9

Forward

1472 feet Sup-14-

6049.15.9

152

skirting

moulded

I

1

fixed Complete

@ 1/m

74 Crot milled sheet

in

lead laid in gutters

Dr. Complete @ 24). 2272 Yds Supe

rendering 2 Coats X set with fine stuff

@ 10

1123 yds Suplen

rough stuces on brickwork and Jointed @ 1/ 1224 yds Suple, lath & plastering & Cost and set with fine stuff @ 1/6

1472 feet run plai

Comvices @ 8

Forward

73.12.

73. 12.-

133.4.-

94.13.4

56.3.-

91.16.-

49.1.4

16548 5.54

}

:

t

Forward

356 где Умере

Y Dr. painting

@ 6

3 Coats

ru

491 Yards skirting painting

3 Coat @ 3 8 sash frames both sides pacuting @ 2/6

1-д

go dozen sach

90

squares painting @ 2%.

2400 feet Supe Jalousie shutters

Z

painting @ 125 feet Suplem European glass fixed complete @ 1/1

:

6548. 5,

1.

8. 18,

6.2.9

ور

20.

6. 15.5

Forward

6600. 1.

7

159

1

1

:

î

Particulars

Forward

Report and Estimate N2 6 of 1852

160

Dated 8

July, 1856.

Labour

Materials Materials Portion

to be issued from be performed to lee of work to

be Purchased Stores by Contract

Total

J. S. d. L. s. d. £. S. d. £. S. d £ S d

6600, 1.7

6.600.-1.-766001

Casualties 10 per cent

660

Total. ₤726019

Williams Cowper

Acting Surveyor Gaver3

E

"

Inst

163

(Copy) N:30

Coholma

Magic

tratis office, Victoria

Haughing the 252 April 1856.

Apul

To your letter 1.333 of 164. Afals

instant, requesting that I will furnish any porggestions I may have to offer as to the plan of ar new to bee Court; the Construction of which.

is how in Ceu tem

flation. I have the honor to posely at

follows

The

present arrangement of thei Magietratis duties Renders it sucessary, that, for at least two days in such

wreck, the Bungietrates hold her courts

Ih Konable

Mt Aboveer, Requires

Colonial Bicretary,

at the

!

+

9

!

ļ

at the same time, one to dispose of the

apperring, in the pohon that of

Cases a

the day,

one to determine the causes,

one.

Civil and Criminal, entered for trials

at the Tolly Sessions. There.

be Are Courtrooms. off,

Moor

et. at there fore the

as in the

Metropolitan. Courte at home, overy

day were made

A/

telly Sessions day,

( a change easily accomplished by

No 1.

a

Mis dification of Ordinance Mt. / 1849 and I believe not desirable ) then

e

one Court room prould puffice. This

be

sheid te largo

Constructed

and.

and airy; as to convey Sound with

truth and facility from

в

.

person

to another, the defock in this par-

- keular bring.

annoying, in the present building-

very apparent and

be

:

:

felluring.

pet

Im, addition. to the courts, the

Court niences are required

A spacious outside .

cious outside waiting. place

protected from the weather, and

provided with seats for the aven

C

accom

F

modation of the polive.

I the

.

publies, that is of then who have

business, and of the tumorous..

islers who

a te

fur halib

now in the habit

of attending, the Magistrate's office and cannot be excluded from. its precincts. 2. A waiting room

Witnesse S.

5. Aretiring

alrea

for the

Minesamined

room for Witnesses

dy examined.

4. Rommet as offices for the clicks,

Interpreters and occasional porcters.

بری

A

:

164

ཧ།

165

:

5. Private pooms, pith private entrance,

for the Justices of the trace:

b. Aset of strong and impacions

cells for prisoners.

Quarters for

the Maher

in charge

ofapremises, with cookroom, ou toffiers

and Scout

roon

for

of the court.

the crotics an

Even if at

exact size, situation

of the

and bessengers

if at Rave the

and

مزید ترجمہ

features

site selected, the Surveyer General.

crould doubtless be bitten üble then.

ed

myself to combine the above requisits s

into a. convenient while it repain-

this account from attempting, to draw a plan.

M&hould be provided

if possible, that the clerks offices.

Magictralis

Magis

Qa.27

trak's rooms, and witness rooms have

and im

mediate access

from the

courts. The whole might be arranged

17

12

ground flour, the cells occupying,

yard behind;

the cells, the covered

waiting place, the principal plains

and the

Ca

and

accommodation for Usher cortice might occupy the grounde fless;

and the Courts and adjoining,

C

the upper story;

Roomet

por or the courts might

occupy the lower flow, the alfer flür

bring, assigned as a develling, for as resident Magistrate,

AZ

devoted to,

Municipal purposes. A commettre.

Room.

and a pubbes meeting, roomar

much required.

I believe it is desirables that

the Central Fiber Station, and the

Magistrates

1

والورد

1

i

!

Magistrati's court of the district be

den dor

Aru

if thes

poof, or within.

one.

enclosure;

one hoo

this could be accomplished, Frow;

it would be both convenient and,

economical. If the harveyn Caveral

will

send me

his plan before pub.

milling. it for the approbation. of stit Excellway the Sommer at may perhaps

be able to suggest some useful Modi-

I have 15.

(Figures) & B Hither

(Signed).

Chiffragistrate

RL M. May, who during, his sexployment in the Metropolitan Police Force visited

Many Totice offices, has fent me

plan, as in his

view;

the evolved

to meet the

Tone Cohren;

requirements of this place. Motumour

TI

Nr. 118.

egislative.

arted on /8883) sober.

Referred to mess Wands & Te

28 Act

bit 756

20 Sept.

86.

RECEIVED

166

2004. Hong trong

Cyterment Offices, Victoria, Homughing, 197th July 1856

SEL18

1856

dir,

a

I have the lower to forward Politine from the Vonghong Livu droiety, on body representing Low-Lociety, itself to emprehend the solide of the practising Morneys, Solicitors, and Protors of the wolny.

This Celition is condemnatory,

the recent Ordinance, M: 13 of 1856,

If the

of

transmitted in my Despatch N.

111 of 7th instant, but or it was

The Fright Hominable

Henry Labnehere, M. ?,

Ben,

Bei,

De:

¦

received mily borte in the aftermome of the 4th instant, the day before the Mail teamer's departure,

and

required sonce words of comment

in its contente, the Politimere

1

Loueref tvere

1107

informed that it emild, with be forwarded by the then outgoing-

mail.

I, however, toke the conliest

opportunity of enveying it, and appenting some remarks in explanation

into our

The Society forts into

crror at the

Cry commencement

very-

by assuming that lots for the admission of Attorneys in England And Halee might to be made

110

L

167

3

applicable to, and served in, the Colony of Hooghing, or forllany.

a requiring in exposure.

The reference to the blocks of the bolonial fudge and Attorney General is totally invonecty, a will be seen by the Attorney Generas better of 15 Mory, Enotoure We/4 my Despatch above quoted The Ordinance in sufficiently. stringent, by providing an vndequate and appropriate examination, in order to prevent the admission

11:17

of

incompetent condidates to the Rolk, and I have no fear of the - influx of any

who

not perfetty

wtwo are sit

cqual in position and respectability

-

!

1

1625.

who, ou

with

in

-

to the cuttiore of this representation -

ow you inte observe, employ some what strong planseology animadverting in a public dremment upon the. Vects of the Government.

The Sporty therved that the proposed examination of candidates ", may be conducted by the Attorney General and another Bannister alone "__ A glance at Section & of the brdinance will show the

'incorrectrices of this statement.

A w

ards the

tr

2

thring expressions!

sin Consil

regards of the Chief Justice in against the Ordinance, I'm put

aware whence the

ee the Socie

Treiety derived

their information.

Various objections

were made

Mus were..

and inmendments offered during the

いい

divenssion of the Profinance in

1

Commeil, and the Clauses

dod tvere

altered, mitted, or carried me

by me, the question being fout in

L form.

of the Chief Justice

The Ca

The news

You are already in possession of, See Conclosure N93, in

My Desportch Ne1, and for Edger's protest, sent in after the Ordinance, wows passed, I have to

12:6 to Enclosure No6, in the

refer you Marine Despatch.

I have,

T

2.

6.

8.883 Houstong (Ordinance)

I have the honor to be,

with the highest respect,

Sir,

Your most Obedient,

Homible. Servant,

i

John Benna's

Gonnor

Sir John Coraving

ar

L

MW. Merivale

Mr. Ball

WW.

No 12.

Labouchere 20

17

Oct:56

J

Mest. Hook. & Ropes with reser

Mr Mist

Tui repent

the Bidinama

بهروز

18 Sele.

20 Legs

Jus

Enterial

189

B.L.

20th Sctober 1856

I have received and

5.

Feb 758. 19.

considered

f

3215

an

Ardinanc

Ko

f

The Legislature & stone thong

N. 13 d 1856 for the ad :

:

ماتنا

mission of candidates to

The Rots of the practitioners in the Supreme Courts, and

for the taxation of costs,

with

до

2)

gour Despatches Nc 111

MAS of the 78. July last trans

1

and No.118

If the 19th July, forwarding

Pothion from the Hong Kong Law Society against

I think that

most of the sections urged

The latter

Gentlemen

Es

details of the Ordinance ar

A

character which 4x=

-"perience of its working

will

probably remove

But

Her Majesty's Government

have serious doubts as

to Clause ). Dhich admits

::

170

atiens, with a sof special

reference to Chinese. Con:

sidering the chercher Generally imputed to the lower class of legal agents of that coumbing, and the kind of influence they

Are

likely to acquire

Avet

their ignorant and litigious

Countrymen in Donskong,

A measure

Srich

Seenro

Specially to invite them into the profession

+

in an

English Colony is of

A

questionable character. On

1

から

!

:

171

The Wther hand, it is

possible that their services

may be required, and if is possible also that the

Training regnised

by the

Ordinance is

If such

a

character as to exclude

The really objectionable caf These are questions which

Local Experience is required

to solve. For the present,

I

shall take no step respecting the Ordinanc

but allow it to take affect without confirmation : expecting to receive a further report. its operation before the and of

next year.

Tham, sti

Y the Right Honorable Henry Laborichere M. P. Her Majesty's Secretary of Stute for the Colonies

The humble Petition of the Hongkong Law Society

Sheweth

That

your

Petitioners comprehend the whole

of the practising Attorneys Solicitors and Proctors Colony of Hongkong

of

the

That by

an Act passed in the sixth and seventh years of Her Majesty's reign intituled an act for consolidating und Amending several of the acts relating to Attomies and Solicitors practising in England and Wales it was enacted that no person should be capable of being admitted as Attorney or Solicitor unless such person should have been bound by Contract to Rerve as Clerk for the term of five years

an ordinance of this Colony in the case of Service. there reduced to three years) to a practising attorney or Solicitor in England or Wales and shall have duly served under such contract for the teren of five years

(by

That by the said act it was further enacted that for the purpose of facilitating the enquiry touching the due service under such articles and the fituess and Capacity of any person to act as an

Attorney it should be lawful for the Indges of Her Majesty's Court Queens Beuch

of and Exchequer from time to time to dominate and appoint such persons to be Examiners as such Indges should think prop:

That

by the said act it was further provided that every person applying to be admitted an attorney or Solicitor should before admission take and subscribe the oath set forth in the paid tes in addition to the oaths of Allegiance and

Supremacy

That

by

an Ordinance sumber sherteenth of

of one

:

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:

Practitioners

thousand eight hundred and fifty six made and passed on the Twenty first day of Suce one thousand eight hundred- and fifty six by This Excellency Sir Joher Bowring Knight. Governor and Commander in Chief of Sher Majesty Colony of Hongkong and its dependencies with the advice of the " Legislative Council of Flongtions entituled "Au Ordinance " for the admission of cauditates to the rolls of " in the supreme bount and for the Aupation of Costs it was

enacted and Ordained. -" From and after the passing of "This Ordinance, any Person who shall have actually exclusively. cand bona fide served for the period of three years or upavards .. Whether computed from any time previous or from any time

Subsequent to the passing of this Ordinance) as Registrar, defectis "Registrar, Cleck of the Supreme bout or of a. Judge thereof. bleak to the attorney General or Interpreter to the said Court or as a of the Prace, or as an Articled Clerk to any

any actual practising Attorney "Solicitor or Prietor of the said bourt, or for any one

portion of the said period in of the said capacities and for the residue there of &in Some other or others of them, but not in two or more shemal

of , the Same time or who shall have been duly admitted as an

Solicitor or Preator in any other of Ther Majesty's Colonies "Shall be eligible for admission to practise

as an Attorney Solicitor " and Proctor of the said Supreme Court but only expon the,

Conditions hereinafter specified. "

n some one

Attonig

as a Clerk

every

Registrar of

That by the paid ordinance it was further enacted and ordained. That in the Fourth Term of the present and "Succeeding year, the Attorney General, a Bassistir or "the Supreme boust, of this Colony and two actual practising "Attornies of the said bouit shall be by Rule of bourt appointed 4 to be the Examiners for the then kept ensuing. Twelve months, 4 into the Fitness of Candidates of the classes described in section Oue " for Adevission to praction as Attornies Solicitors and prostors

1 under this Ordinance, and the paid Examiners, or any of two

172

" of them of whom the said Attorney General Barrister or Registrar "shall be one shall at such reasonable times as the said Court shall appoint

, and protify, proxeed to examine into . the fitness of the said bandidates "win that behalf having

due regard vuto their character conduct learning , and length and assiduity of Service

and their other Credentials and confirme zing themselves as far

be practicable to the regulations by which the examinations 1 of Candidates for admission to practise as attornies and Solicitors

"

" of Westminister are 1 directed

"of

dir

as may

of

Hee Courts

governed and,

That by the Said Ordinance it was further enacted and or clained that ". No person bona fide domiciled,

• within this Colony and who shall

• Comply with the provisions of this Ordinance, shall be disqualified from obtaining such admission as aforesaid 4. Merely by reason of Alienage or that he is aby birth a

Thinausan

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That the sanit ordinance introduces qualifications

for Candidates for Admission heretofore unknown

to the Laws of the muted Kingdom and which are not

Patronu

only detrimental to the just intuets of your

Eminently Calculated to prove impurious. to

but are toer

the Community

That the

the

ofluing of peak Channels by wheel

Candidates may obtain admission woke Penfension

seriously interpres with the exclusive privilegen

heretofure Enjoyed by your Ruhhover of taking Arboled

Clicks whereby they

wee enabled to obtains during the

period of such articles the gratulores suvsies of au

able and intelligent Chuck in additions woke

premium ordinarily paid

pous

on duels Articles

are calculated

That such provisions

toprove imponious to the interests ofthe public

and ass highly

by introducing

Bauer

Educated class to the Professions by rendering

aumasury the hitherto required perod opsuvice

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174

A

and raining with the Exclusive new of bearing

Attorney whereby alone

How can be a

pracheal Ruowledge of the

дне

be acquired, and will check the

occasional emigration of experienced scumbers ofthe

legal propssion to this Colony to supply theplan of

other causes may time ar

such as

wil health a

Compelled

4

whake their departure

and, in particular,

oplus the door to American adventurers, who, speaking

the same language, and being governed by manly

to complete in this

the same laws would be likely Colony with English Practitioners without having

had any of their bundens.

you

That Clicks now

Petitioners will be exposed I unpain

hereafter holes articled to

ļ

to

may

suck to qualify

}

i

competition with those who

theeuselves

under the said adinance by way

of the newly oplued channels wasmuch as

неову

such Candidates are promised tobe Employed and

to receive salaries

in the publie suvice, whilst

the flicks of your Pititioners have no

opportunity nation but one compelled

:

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:

of ablaming

4

by Law to give

wher

undivided

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175

and attentions to the study

and practice

of the Law

that the

ardinance ampes upon

Colonial

Inkwe

attorney

Genval the privilege of

introducing

their own Clucks withe Professioni,

aprivilege

never

Cafie

a ccor dea

مجھے سے

Color

Song Al

by an

any Judge.

part of the

intimber of the Bar

hunted Kingdom, and went as you

Pehchoners beheie, allowed pracheal operation

any of Lou mapoty's Colonies

That the

dutus euformed by the

виражий

Registrard, Deputy Registrar, Clut

Corver

Cluck wthe Judge

Johe

Allorney Annal

and Intipputer of the Court,

arc

should be fur four suspicion of partiality to

come Chauts to duh

any suitors who uught

become

offices when admitted as attorneys.

سے جیسے ہے

!

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וי

such au

Самин

affed thes

176

opportunity of attaning a practical leviolage

of the Law Even though they may

the Enabled

theoretically to give sufferently

give sufficiently correct answers

& queshous propounded workers by the exammers.

And your Pehchoner Lumbly submit that

retrospective Law, such as the ordinance

of whuli your

Pelchioners complace, which not

pudous wobecome Attorneys Jer

only admits

which profession they wer

wap Lace cal

but makes their service of the Court, attorney

Inval ve on one

Capacity, tobe reckoned in time as

qualifying them for another, of far greater

and of a totally different charawn,

responsibility,

and which places them in antagonism out h

hitherto privileged, although heavily bunshared,

Class, is unconstitutional and Syrannical..

?

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177

That it is by the said aduanes fucker

further

provided that aluwage shall not the deansed

a desqualification bus that the barks of allegiance

shall be taken by such aliene

Bran

That to admit abiens wthe lancese of the

powers conferred

offers of the mapoly's Courts

¡

:

of Law is dangerous wthe well dening of the

уни

realen especially when the persone so admitted autho

+

now an alien friend may in the cornt of mar

alien Enemy

become an

That no app

application has been made on

behalf of the Chemise of the other abin population

for actiussion to there privileges with one

on whose behalf

came sought from the

laception (Jung ating

Letters of naturalization

Government and were

not granted and

who has now abandoned the idea of becoming

a member of the Legal Propssion

That there are now

Born practising

Attorneys

in the Colony being more than ever

į

!

!lefire existed there

since the Cession

178

of the

soland, and mure than sufficient for the

requirements of this limited Community, and

that under

an orderance (106 up 10145)

inforce in the Colony the chef Justice in

thy

somformed in the event of these not being"

sufficiens mumber of Barrishes,

CL

"Atterungs and Proctus mthin the Colony

to nominati for

and proper pusores to ad

Attorneys and soliciters, but that no

livingmey

air cisely

lair ag au

to occur

That the said ordinance provides for

systems of Examination the conducted

the Attorney Zanual, a Barrater, the Region

and tive attorneys as to the fitness of ele

to the fatness ofale Candidates

in that behatz

That we

Excumer's

England the nomination of the made by the Judges of

the majesty's Counts whhe uniformly appoint

İ

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அம்

helve

Attoriens

170 and Soliciters together with

the decal masters

of the said Courts but that

mi no

allowey Genval a voler

no

Case has any

member of the Bar bun permitted to louraida

the functions of an Exammer, woh was under

this ardurance Inamination en conducted by the

the

way

Attorney Jeweed and another Barriosu

alone

Thur

your

Petitiones regard

munch anoisty the effect of this

not only on

themselves but on the

Commun

in queal and have good grounds for

Achieving

and

that it is is appositions to the wickers

& feelings of the greater part of ver mapoty subpils in this Colony

That 1

is

ruttion whe

the knowledge

of your

Petitioners that the chef Justice

Expressed himself most strongly

th

Legislatius

Council

аданай

oralinance

and

that

9.

ļ

ד''

the only unofficial member of the

Convert formally protested against it

Your Pelchioness thefue

humbly pray that the

no 18 of 105.

may be disalloweda

Paltions will

And you

180

lus pray

It d. Janand

How See. Hong thong Law Society,

The birth day of Only A. D. 1856.

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No 118 of /856.

Inclosure in Despatch

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Judicial.

***

10

Jir.

1856

A

2005 dong trong 181

ETffices, Victoria, 16mg hong, 22th July 1856.

I have the lover to forward

172

Ethics of Correspondence originated by Mr. Attorney General Anstey, ou the subject of the practive of the Supreme Court in this bolente.

My Memorandum concluding the deciments have been ennumni-

wested to the partics, aut will

Y

plove keer Majesty's Gremment tim forvversion of the new I love

The Tright Homurable

Hotury Labonehiere, M...

Bei

Bc.

17

Hongkong

Petition from

the

M. P., to to

Henry Labouchere, to the Right Honble.

Law Society

7

गै

to.

against Ordinance.

N° 13 of

1856.

14 July

1856.

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182

taken of the Subject.

This I trust with pecet with

approval and support

I have the honor to be,

with the highest respect,

Jis!

Your most obedient, Houmble Servant,

John Benne

Await Mr Men

Mr Mist

Es return.

18 Les

M20 Sept

M Dall

hapers

There queden though assuming

the form of a discussion

on

He certain

points in the adminishation of justice,

do in

in nality contain only attacke by Mr. (.. Ansley of Ch. J. Hulone, and answer thereto. You will see that the for. very

purpurly caused the pinions of the

lawyers

that with slight

& pand fistymen in feneral to be taken on the points rained, a Excption More Spinions are

against

The AM. for. & with the Ch. Justice,

accompanied with pretty evident distaste of the former & compliment may expishicons

Iwned not day

brace the latter. ζηλιό

too much stress upon this, hrane.

Ie propsion are apt to to worn.

byond strict limits in

taking the hart of a chief whom they thinke inalignantly attacked:

X

Ertainly hopith 4t to thelones. hoten health & the languor incident

to a long wsidence in the topics.

+

1

may have perduced lip energetichatiti in the desfalt of burimp Khan aght for the sake of the community to prevail: 2 Wal W Anstey might han done suvice

rforming

this stats of things, Lad he sch

hout it in a gentlemanly shirt and without personal

matin - As il in

Kur 199

abbing

hh dom hat t

acknowledge, & bisay

bate Express concurrin

in the formas

mirute

HM AL

22nd

Victoria,

July,

1856.

The Rt. Honble

H. Labouchere, M. P.

Governor Jer John Bowring

No119.

/ Inclosure.

Received

Forwarding Correspondence

01.

the

practice of the Supreme the subject of

Court

Hongkong..

72911

accordings

по

No 38 teht

:

Ento

Five 8605

8605 H. Mong83 Mkong82

10th Dup

Sin. f. Bowring.

Ball.

JY116

4 Bet

J

After. Labrachen. 10

Sir,

I have to acknoutede

your despatch of the 22 July No 117 forwarding cefcies,

A

Comespondence arising out ge

of Mr Austry's

Correplent

The

6

practice of the Supreme Couch

and after a

of Hongkong,

ab.

Confule feral y

the secul

presicons submitted to you

onthes se

salijeet

I have to

signify to you my concerveau

in the view

your

embodied in

Chief Justice. Thank

to

the

}

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(leopy.)

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184

Attorney General's Office, Houghing,

31. Mary 1856

I have the hours to address

you officially

on the subject of the

despatch of business, in the Supreme

Last.

The business of that boot is

transacted by a single fudge, from

whose decisions there is within the

Colony no appeal.

appeal. It inwists of Criminal and Civil proceedure; and the latter many -Muay

1

be considered as

dividing itself under the two heads of brust and Chamber prastice.

I. In noter to suvure the spedy delivery of privmers charged with and soufuried in this

misdemeanore

meamores and

The Honorable W. J. Mercer, Exfer,

Codamal Secretary.

2

You the Colonial legislature live provided (brolinamse M. 44 of 1859, 1.15) "that" every defendant in custody at " the opening or during the sitting of the

• Sessions, shall and may be tried "thereat, if to devirons, and no special

" objection be prone thereto on the port "of the brown — a provision which,

Generalis when coupled with the Regula Souratio of the 1 t. Moral 1847, ( 3. 141.) linealings appeared to me, and, I believe, to the profession generally, to be applicable to Mindemcmants milyer - pro right king by low recognized in a person clanget

committed for felony,

on

with and committed

Jam

to

vever

If a five days' notice of trial. of liner Tom wrong in that interpretation and felous are to entitled, them it is propintimably, slear that they are als

included with misdemeanants in the

πι

185

3"

above cited enactment, and, as such, may, if

so desirous, and is spesial "objection be made thereto on the font "if the bimon", be tried out the desvious out the opening whereof they may happen to be in enstody, and that the expense and trouble to the broom, and

at

the oppression to the prismer, of aurther calendar punithe detainer in quoh before trial, may thus be

avoided.

is

Jaking this latter alternative new of the position of such a prisoner, (alltingh clearly of ofsinion that it. mnecessary to take it, mosumch a privonur charged with felny is not a defendant within the meaning of the Regula Generalis and the blind I had for the first two persions after arrival here suvisted sifon bringing

OLV OL

muy arrive

my

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to trial (and with Success), suck &

prisoners as being in the position

deverited,

willing to be tried

tverc 112

without the five days notice. At the March Sessions, linivever, I was con-

pie Cave,

-prellest,

helles, impre

to waive my right by the Chief Justice, who refurved in open boost to ressive the

Signed + Information I had sent up against Mine prisoners for pirmay committed the day before, and the depositions

h

in whose cave

– I had only received

that morning. That was the eave

I

Kwok-you-hee and others, already

reported by me upon another point=

your department. The intuerres were all Chinese people, revident on the Mainland, and, as I have already informed you,

evere all absent from this bolong on the tion subsequent

186

recasines to which, arring to the bluef Justice's refusal to hear the wave on the day of the finding of the Information the cave stood adjourned. They

on the scenul recasion an

Πι

[perc

ccordingly,

at Mr. Day's motion, discharged by proclamation in the usual manner. The bornom witresses

в

here on the

triesdes were

dary of the finding; and, if the chief Justice had not prevented the trial, ous sunch desired by the prismers as by the proventor, from Forking plixon,

place

those situersed would have been heard.

and,

4. if I may judge from the definition

schuck Stuclove a souviction, tuust hove followed.

--

Mor in this

Osorptional Lease. The Chief Justice at the folloring Sessions _ the April_ dessions_applied the same rule to the case of lamarang

187

¿

the Murderer ("brunnal kosions, 25

"Criminal fervious, April 1856) _ wlis has since then puffered the last penalty of the low. It is time that, uson my decond application, His Lord shrifin, moved by my represen= _tation of the danger of another foilure of justice (the broom intuesver beings

Sailors, and antions to deport usion their proper creations), dist appoint a special Intermediate sessions to try that particular cave. But sing first application for the trial of the prisoner – himself most willing to be tried _ at the then pending dessins, (his commitment having recunet during their pendousy ) - 100 rejected absolutely

{ t

How Lordship, on both recasions, loud down the rule this : _ "It is the " Attorney-General's duty, if the depositions

" are sent to luin in time, to exhibit the "Suformation, when found by being " within the period provided by the

Ardinance, so as to enable the primer " to receive his five days notice. of the Attorney-General is "thom sin time for that furfiore, he " ought not to exhibit the Information " at all during the approaching 12 "pending sessions, but reverve it for "the most. At all events", added Hois

dres does not receive

Lordship, I will not try any "a fatini

itini a cave

Code,

of felony, where the "five days notice how not been given, " however ready the prismer himself "Muay be to dispense with that? I cannot subveribe to there

opinions and anles of the bhich fustice: and I am sure that, unless they

are

compelled by the strictest necessity,

5

7

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or est

they are worthy of disapproval, not mely, sin the

in the interest of the cheap. speedy and ministration_ of justice, buit

in that of the accused, whose incar- -_ceration is prolonged together with the hearing of the charges, of which may after all be incecut. I

trust that His Excellewy, may be

induced to make a representation_ts this affect to the blief Justice

IL

11. The Regula Generales of "Easter Terme, 1. March 18167", and "Carter_Term 14 March 1849, preverite (1.1) the due observance of "force terms in Jack " year for the despatele of the Civil business of the Supreme Count, and

that the "said terms that be in

" the Mouths of January, Marche, Mary,

" and November, and thall commence the first, and terminate on the

ML

183

" last day of the fond months respectively- The some "Regulise" also (s. 2 of the first is amended by the second regula) – direct fit fittings in every year to be " held for the trial of all binil bauves "and Actions, such fittings to cammens "In the 1th day of February, the Inday of April, the the day of June, the 1/10th

11 t = day of July, the 11th day of " Botober, and the 1. day of December, 14th day

" and shall terminate on the 114

вос

" of corole of suchem pumuttes respectively, with power to the Court to sit oftener, "usion giving reasmable sustice thereof. I regret to song that will there

say,

provisions

Auver

are a

at ol

deau letter. Terme is hipt. There are no regular-

Sessions of the bort. When importimate Suitor or Attorney obtains a day for sitting down his cause for a

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si

trial at low or a hearing in equity, it is mely done at the lost moment ound by the intervention of then fendger Clerk, _ a firetionary whis, for shriner reawow, ought to have nothing to say to such arrangements.

The Orivey

Corne

Consequence is prerastination here, and there surprise. Nobody Kunes when his cave is likely to cove

and, when it does, he sometimes finds that the moment colul suits the convenience of the fundge is the beaut conwistent with his

02072

It wows to prevent there speculation and hazards, to injurious to me and perhaps to both of the parties

the parties in the action or suit, that the wisdom of our legislature at home appiented set days and times, and compelled ss for as pendate and penalty

•nalty Can

L

view

189

is

compel _ the presence of the fudges and their officers at the days and times so apsionited. It was in the some new that the Legislative bomoil of this Soland, imitating the worch of the Mother country. Invested the- provisions of 1847 and 1847, from which I have quoted. The mly difference that here the intentions of the Legislation are not theyed by the fundiciary; and the example this set how not failed to find imitators in the refering - departments . The holidays allowed 1. 5. of the Regula Generalis of the Ft. March 1847, and the "Office hours" there by appinuted, do not correspont with those observed in the practice of this bout.

I have alos to request Hois Excellency's serious attention to the

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12

great and genang abure of the practice "Judges Chambers". His Lordship's

they ought to be-

"Chambers' are

Ow

in the same range of buildings with his bourt, _ and, if the spirit of the respected here av it

institution

Avere

is in every other Colonial Indicature his Lordship would be found at those Clcombers, by prembers of the professing seeking

to linn, upon started days and at started havs. Thither would be returned all fum-

returnable in Chambers, and.

Mover

there they would be heard. It is hardly necessary for me to Rularge upon the cidrontage which this attention to the

Convenience of his adviser wonild luvure to the suitor. It is inferrible indeed to separate them. The forcilities of reference

to books and papers afforded

190

13

by the neighborhood of the Chambers of the fudge to those of the Counsel ore the privilege of the client. It is equally for the sake of the Client that the necessity is imposed ufione

the fudge of having his blumbers elve-

-

where than under his non-

roof:

live

lest perchance the temptation should offer itself of drowning thither matters not properly eognizable there, for lo greater cave and smfnt

I regret to

Hary

fort. that the practice

of Chief Justice Kouline is directly. Entrary to these inliclesome wages, and that the pixeliiess which Shove linted already begin to exppear. His private residence is situated about

a quite and a half from

the bount denive, its offices, and those of the profession; access to it is head by an

OL

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Frond unshuttered from the sun, and notorious for insalubrity;_ and in that Venive doce luis Lordship sit to hear matters orgnizable iu blankes,

and un

110

where else. Matters too not

ergnizable in Chambers are being brought thither un, to the Envenience no doubt of the fudge a to the

immense mconvenience

and diverntent

of the profession and the suitors. The

per

૧.

bart birch business I had wou

trow

a Motion for a Receiver ( in equity). The Motion had been opened by me in Court. At the bluf furtices direction it stood mer until a certain day at moon, to be resumed in court. I

attended. The Judge

There

re low ou

rag

Le

wow not there.

umor aming

among the

officers of the Supreme bort that he

not going to sit that day

"ow there

E drown

enquired of the

191

one case?

ar

I

av mely that

9 blerk, at leng and M. Beran then informed me "that the blief fustice, having to sit.

"Heat day

in Chambers at &P.M.,

15

" would take that cave at that hous "in Chambers, at his now have". I

house".

wow compelled to subunit_topake hearty selection of some of the book's which I had to site in that save, and in the other (where I soos also retained, and which was properly orquizable, in his chambers, but not- out his house), _ and to despartel them by the only conveyance at my disperat abandoning my make room for them. The first con being heard, and the second me again portferned, I represented the great mconvenience of His Lordships

My mom seat in order to:

7

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18

anongements, and begged lumine to aller the oudjourned hearing to be resumed Court. The application, soos refused. I wow told that very likely I should books to refer to have not so many "the second time; or, if I had, very " likely Mr. Boman (his Acting blerk) " would be able to find some of them " in live (the blusief Justice) private_ "library".

(

A

"world foin lope that a word from this Excelleney with funt or stop

to these menstitutional observations.

I love alos to express my conviction

His that the merest duggestion m Execliensy's pont that twelve s'clock at soon is penale too late an hour for the opening of the brink, with, puest with due attention on the part of Chief Justice. I hove verballyge

stof the

192

represented the evil en sequences which

In some recasions, have resulted to

the administration of Justice prom

sin which the entire morning

the

iv

way.

лі

systematically sovorificed. It is unfair to the jury, to the ratuurses, to the professional advisers, and - therefore to the prisoners, the suitors, and the public. Son s'elock in the morning is the latest limer aterlich the business of the Supreme brutem, without injury to the administration of justice, be appinuted to Commence, In this climate, at any rate, the provers of mind and body are pot infirmed by the delay. I kry scotting of the lows of time, and the multiplied adjournments.

His Lordship's restoration to health and activity, an

announced three

[Asmith

argo!

and, not entradicted_

411.

Copy.)

Comal

AG

193

belnual Secretary's Office, Pistoria, Konighing,

19

notice

Hois

-tr

certainly by our subsequent experience, makes it umesessary for me to

any objections which might otherwise be entertained by Exxcellency to the interposition solicited out his hands. Sam quite sure that, in soliciting it, I am taking.

Som the pily effectual way to end devised by the entire profession, and by all those tor whose misfortune it is to be conbarked in litigation &

this court.

A

I have, Bell

in

(Signed) I. Chisholm Anstey.

Trine Copy

Colonial Caretary..

dir,

3th June 1856.

I have received the cucloved

communication from the Attorney --

General, which I loud before the Governor

His Excellency comed, not presume to interfere with the discharge of there high judicial divelange functions which are committed to

your hover, and haw, no humoredge of the eirenmstances reported to lum "by the Attorney General ; but if there be sin there

Iuggestions any

'ગ

which

can properly be adopted, and are likely to lead to the more

I Heir Homer

The Chief Justice

more rapid,

1

L

2

cheap, and satisfactory adminis- _tation of furtive, van John Bonoring doubts not that they will meet

with

Your

"Omor's reonly attention.

Conor's Ready Ready

I have to reque # that the

request original papers here in inclosed

¿

be returned to their office.

|

I have, Be:,

(signed) W. J. Mercer,

Colonial Secretary.

Jue Loopy

Colonial Horstary.

In 866 14,

194

21

Exxtract from Letter of the whiffentes

in reply to Colonial Secretary's letter-

M:

3

M. 41 of 5th June.

"Mednesdays

Luerday

#

June 14th 1856 Jime

礎1856.

timer

"I have the lover to activaisladge

the receipt of your letter of westerday's dorter, and in reply there to beg to state for the information of Fis Exelleney, the Governor, that dam

with aware of the necessity of any

The more

more rafi

Measures for the cheap, and sortirforctory, administratia

of furtive

The purit

in which the

complaints (west, mere suggestions) of the Attorney General are made is to manifest, and the object so palpable, that I trust His Covellow

seelle.

2

I

A

23

22

with see the propriety of my not replying more fully at prevent at ait svents. If at any future period Sir John Knoring Hinils den v

necessary I shall be

г

Explanation, nesevvarry

most happy to give it. In the

meantime,

ALV

CrevieraL

His inttarney comid, make it appear that be : is uttering the complaints of the soline of the legal profession Houghing, our well as of thieve gentlemen who not on furors, Siat

v

in

L

! make the proper suquiries, irunt

Lany crit be found to exist,

should a

12 May

meny

inconvenience to arrive

arrive from

from

the mode in which the adminis-

tration of Justic

fustice is at present + the Supreme Court,

in the

conducted in

on ar

- immediate remedy will be applied. I shall do myself the honor of

མ་༨

195

loying the result of my enquiries before Nois wettensy

True Extract

Corianial Skeretary.

17

24

:

!

:

0420.

In ot

25

198

✓ (@rfry.) Colonial decretary's Affice,

di

the cle

Victoria, Maughing,

5

7th June 1856 .

I have the honor to return

depositions forwarded in your letter of 31th ultictio

That letter how been duly plored before the Hommable The Chief Justice

I have, Her,

(Signed) #. J. Mercer,

bolmal beretary.

The Nomorable

The Attorney General.

True Copy Mothurn

Contral Secretary.

Prioriial

7t

25

L

|

dir,

Mursday,

July 10th 1856.

In accordance with

my

27

197

71.

Love

promise I have uno the limion of forwarding for the perusal of Nai "Cescellency. The Governor, certain letters in refutation of the complaints officially made by the Attorney "General, as to the surde in which the business of the Supreme Court is conducted, and shall feel obliged

that

by Hvis Excellency informing me if

The

The Hooties

wviders the refutation complete. I have, Be.

(Signed) folum Watter Wonline.

The Colonial Secretar

Muod

Secretary.

7

:

==

28

*

Copy

29

192

1

dis

Victoria, 125 June, 1858.

We have to ackurwidge, recié

pun Arums Communieation of the 10 hutant requesting the views of

t

the Ire with reference to the cucined

Bar

official Communication of the attorne General to the Goremment on the inijceć

of the rccrater of oncinces in the Supreme

Count.

We proceed to consider the severi alleged grievances ævintim; -

1t of the point here morted rested

alone on the construction to be hut un:.

-

3/

the several sections (35 to 43) applicate to it in the Regnen Senculis / Mach

no

we should have my houbt but that

1847 we

Miedemanants alme are entitled to A

and

Spy a tú hitamatta aŭ ufia a Til

Rese sections make use

throughout of the

it

amal "Docudanć", which designatta, can

in England is cupied only to one charged

I applen

with a Misdemeann and the wond Prisone

sharojn with Felow. This view of the

to me

me Chara

مقربه

caxe is still mae full some out

17 listin, which creating & Primers

#1

distinguishes between those wis me entitéh to cervice of a Ion of the Indictment hoformation (such as persons not out on tik, charged with bunkemeanory) and

ttore wro

the are

not so entitled to whom

199

ver.

therefore the Indictment He is to be rend Anwever in the idinance #4 of 1852 referred

to by the Attorney General the und defendant

ейский

A steart make use of in a sense

a sense different

1

from tink which has obtained in England.

Albatta Monike, that it shall be sufficient

iù even

Information for Sounder to charge

that the Sefendant line feloniously & Hill

and boarder. And the 45 section establishes

tás, ¿Apacité,

pacité, mne denú

deary moviding that,

if on the trial of am person charged with

anu

be

of

Helow or inisdemeanor, the Dure shail

that the Defendant din not

grinio that

"complete the offence charged, the defendant "shall not be acomitted, &. to."

Ficcenting therefore from the interrrctation attempted to be put t

!

:

I

!

¡

the Attorney General

upon this Odinance, we are also compelled to differ from lime in the Grinion be has

nas cque

that, "it is in the interest & a cheap

administration of duuttu

and creaty administration

اسان

and in fine of the accued that sucr

breeden

Fine would be at once broucked with.

این

"Cleep and Speers' might be the

stration of Law under such

Aministration

a

eptem, but chespness and rapitit of

wocedure would be in our oninion too Icarly auchared, if,

caw Tree no

if, as a

as a consequence,

mous with

longer synonymous Justice. The Seccions rarely last mac han three days, often only two

- if Castened dexonitions are cent in spending He Sessions, the Attorney General can

200

have but little time to devote to the consideration whether the case be one

in which the neevich slouch & mut

accuud his trial and the necusin

upon

himselt can have still lese note th

33

deformation is exhioted, in which to Summon legal advicers to his ain Stain Oonies & the depositions and irepace

inatters of defence. We the necessary

Know nothing of the wishes of the particulu Tricones referred to vitin reference to their immediate trial,

un

in wint manner the attorna, Senarai has been able to obtain this information,

the res

but for the

nexerus

above

given we are

connelled to differ entirely from the

conclusions drawn

o

him

thi

L

:

į

35

1

J

qiiet point of quicranec.

2nd We are at a lous to discover

the injunious effects to citter party

1 an Aofion of Suit resulting from.

the monthservance strieth of the

-pointer days for the I tie Prins

- itting prescribed by Regula Senenatis 14 March 1849- In the Contrary in a Solony like this a strict rosuvame of

“iem, uníu accompanied by a very Aberal exercise

the power to appoint

F

: the days, would be positively a matter

LCL

inconvenience. Purties to suits

And their witnesses are

meent

for

semering

continually

time

пром

the Colony,

a

to and fis from Put to Pat,

TD. cases could prequently

recur where

201

it would be well nigh impossible on

am of the Appointer days

to

brine all

the parties together, and extensive

Commissions to take crifence woull

be therefore necessary; whereas under the present supter it has been practicali in the power of the parties to fix the time muxt convenient to themselves.

Instead of procrastination beins its result inercard facilities have been afforded for the avoidance of delay - instead of surprise

surprise on the part

of

either there has been generally

سات

muutually preemncated anangerment,

It certainly is not the case in Angland that Ludge's chambers are

as (the Attorney General thinks) they

į

202

to be in the came sange

they ought to be in the

of buildings as the Cout. The Surger Chambers are in Serjeants bun _ the Founts at Westminster and Fuel Chall.. if Colonial Judicatures other than that & this fut, we know nothing. For

نانا

purceives we would beg leave to Misclaim

muy discontent" with the present

anangerments,

nor are we sensible_

tu" immense inconvenience" to which it would appear we have been unwillingly subjected. The books of reference requires in matters read in Chambers

very few

and

can

sne generally

always be taken by no

without inconvenience in our Chairs Me having think it necessary for us to remante on the alleged notorions insalubrity

and unsheltered state of the road"

#

leading to the prionic recidence of your

There

c is me tthe point included in this secoud head o& comslaint – the hour at which the sittings of the

Count are neck - Two of our body ratter the hour 57 12 to time of 10- to the

prefer the how

57/2

this it is altogether immaterial_ _

nor can we see in what manner

"it is unfair to the day, to the writhenes,

to the profeccional advisers and thewone

"to the Prisoners!" De d'une and

drönceces witnesses are we should imagine

lave so lone a

rew. well bicased to have

9

morning in which to attend to their

severni matters of business

!

1

ourselves we

have already spoken.

The Attorner General in

conclusion states that in soliciting

the

interposition of Iis freeliener he is —

"

LOTOL to an end

taking the ones coffectumi "desired by the cutre profeccion de

reply

entire

"this statement we have but

to t

to remark that we were in no-wise

Ionsulted by the Attorney Several on the subject of there suppoedd picmances, were in cutic ignorance of his intention to complain and that we disclaim

my

authority in aim to make use of

our names individualis

of the profession,

any

har E

in support of this

other chaye complaint on

ricranes

203

In fine we dissent altogether

3,

from the conclusions anrived at by the Attong Scraul, we think the maitin

unwrth the considcration of Dis Ricellency

we have desired

no suck

fessim

end un have, we me well convinedd, the the branch of the Roteccion no the Public, and we allogether quil to see in the prorored changes

any the

bûe stwice.

Arantage to the Cublic service

We have to

(Clauch) John Day.

"l

Rury Kingsmill, Ba.

Kurg

1

Fredhim Green, M. a.

mue Cony)

чи

Colonial Secretary

1

204

41

letter

Memorandum-

I have

carefully permed the of the Aruinable the Attorney Several on the cubject of the practice the Carreme Court of longtong

of

1.

and now take the libet fitating

that I cannot

Spinions

re in the

agree

therein expressed. –

I was surprised to find it etated to be the Minion of

the

profeccion generally that the Ordinance is to baol delivery applied- to muisdemeanants only, beceiver.

i

1

t

:

42

!

¦

never ne

heard the question morted reading the Atinance

But now in

it seems to have been intended

the benefit of Riemers and

whether a creedy trial is for the benefits of a Prisoner mist derend on the circumstance The English Law

cach case.

of each

while it takes care there shall be us unnecessary delay gives

the recused every prostunity to

&

deliberate defence. perare a deliberate was this which seerned to ine to influence the Chick Justice in whrising to accade to a hasty trial of the Malay Samarang. I remeruber the application because I was present. "Samarang gave

no assent to a

205

quicker trial

and the decision of the Judge

such as any of

to me such

appeared to

c'udges in Augland would have

arrived at.

the

Referring to bringing suatters

found any

in for trial. I never found difficulti in putting the cause dowe for hearing. to parallel can be fairly drawn between the term Keeping at home and in this Colou Insines at Westminster Fall is steady and continuous here it is limited, often fitful

and

inseguía. Parties to suits with witnesses are

going and returning to and from the Colony and it is frequently -

43

4T

:

impossible to procure the requisite attendance during stated seasons. Where however the trial could be

- bought on during the sittings fired bidinance it has been done.

by

Whether charibers should be

at the Judges recidence or at the

Court House is of small moment

and concerning the personal_

convenience

of the profession

alone

I have never found it so inconveniaė as stated by the Attorner Seneral- No extra expense is incurred by my clients who would doubtless authorize such rather than not

one

obtain the judgment of me in whom the whole Colony confide.

D)

206

AS

I am happy to say that I have not suffered in healed by reason of suy vicits, pretty frequent, to Dis Lordships residence, non

though I

have been upward of three years

in the Colony

was I aware that the

recidence is notorious for insalubrity. With regard to the time of opening the court for sittings I think that noon is the best. My clients and myself find the hour most convenient. Better preparation can be made, evidence collected He. thus preventing the recessity of repeated adjournments._

No such interposition as is stated in the Attorney General's lete

1

!

i

[

E

has been to my Knowleage desired by the entire profession! Were - any changes necessary to the

• convenience of suitors Profession His Lordship the Chiet

the

Justice would as before lister and adopt Kern

them.

(Signed) howard H. Stree, Attorney of the Courts

Westminster &c.

HongKong June 1856.

!

True Copy)

Murm

Colonial Secretary-

Conn-

hot.

207

·Remarks on the complaints

made by the Attorney General on the despatch of business in the

Supreme Court by His Sowon the Chief Justice.

Is to 12t Complaint-

I wa

was not aware it was

the

Opinion of the Profession that the Ardinance referred to was

was co

confinca

to Misdemcanants alone. It would meet the ends of Justice better t

to

cxtend it generally to all criminals

confined in the Gaol for trial_

ידה

=

I

1

į202

:

:

!

:

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1

:

2th Complaint-

The practice hitherto adopted with respect to motions and causes for heaving in the Supreme Count

I consider has worked well - so complaint has hitherto been made to my knowledge during the last fix years-

: Thy therefore alter it? or be fettered with the Loservance

of our Terms when the Chief Justice is at all times willing

to accommodate the profession. And His Honor I have always found willing when illness did not prevent him) to arroint an early day with short notice of Trial provided Solicitors on both sides

were con

consenting, but such early

appointment

unless

ntment was never given

by

production of the writter

consent of both parties. Where

then can be surprise"?

4th Conslaint-

I should prefer that. the Summonses deturnable at the

L

Court House rather than at the

Chief Justices private residence much delay and inconvenienc is incuned by compelling

solicitors to attend at so

great

a distance from their place of business; There

points

are many

however to be considered

- - -

Į

}

|

1

before suggesting this alteration such as the indisposition of the Chief Justice and his readiness to meet the wishes of the Profession

on every necessary recasion.

The hour of Twelve o'clock for the sittings of the Court I

Consider

very

convenient, as it

allows time to collect witnesses

and prepare for other Contingencies

that occur on

Trial.

the day of Icutirely agree in Mir Strees

remarks as to the Of

Office

Stours.

"The Registion of Deputy Registran : should be in constant attendance at their offices from 10 till 11 P. M and that whether the Court is

4

sitting or not.

The del

delay

209

expense and obstruction recasione "business in the Staining for

to

instance the Chief Justice's ther for a Cand Re expecially in incation when the office closes at three o'clock

Office

is a serious inconvenienez .

(Signed) Mr. Scoresby.

19th June, 1955

True Coppy)

ис

Colonial lecutory

856

-

52

Ang Tong:

In 8601..

3

210

2126 Sine, 1853.

Aureable sin

I have now the hown to

acknowledge the receipt of your note

4 to 10t hutant with certain custome

12

amongst others, a letter from the Amate I. C. Înitey under date the 3/4 Ung 705. addrecsed to the Colonial Secretary, Containing catain complaints as to the mode of precedings in the curreme Court, and creechingh regret that Mave not had an opportunity of cartier revlying, in consequence of un absence at lures the last eight days ofor the benefit of health, haony reached Houston

for

my

having

!

1

:

!

511

211

55

this humming muly Since

return, however, I

ince my return

A

lave waited on the luarrity of my

hanel a the profession who are

rerfectly exfifien that no

atw

ground suit

alteration in the practice

as

4 heaving and setting down' causes &

Ireter to Givil mus

Friminal ones.

res, principally ). witt Ibelieve

are

iucy concaued.

میشکسترا

as a

body

wve

Those Gentlemen to whom I have

addressed ruppelf

a: yet

yet aa

are quite cattifien

hown

with the manner in which your

is

and even has been willing to oblige Profession and Suitors

and Suitors by relaxing

in their from the rule which would

entitle

you

to the censure

of your

vacations.

I refer to your having always consented a case whenever the parties were

to try

willing and ready to go before you, an without reference to term on

2 Incation

ناسید

in this Community a decined boon to litigants

J

may be necessay that I should state in addition to the foregoing

that

afto au

an experience of ten

years practice in this Colong I have never found any inconvenienee from the way in which Summons

in luotions taken at

شابة

your

residence

instead of at Chambers in the

Supreme Court, and oven should any fault be found with the

primer mode of leaving thre

:

t

I

:

}

1

I

me the

applications it recurs to me

atu, waa

Aucu

sonable and unfrejudiced

A

Minier & the profession would never beet to ić, takme into

view

great Counter balancing benefit

deriven

from

en the

the facility given by your down as before staten for the Frisk of causes it aus time.

may

Trial

I will not surt positively,

but that come of our profession rusy is in tam of Summons and bustions

17 being heard at the Court Arure, but there Gentlemen will probably :nunciate their views to your tour,

posi

individually is soon as pacity convenient, should they wish to

remarks on that subject.

offer any

212

In conclusion I would add

nád

that Term and vacation, have,

far as my during the last ten years

Observation extends

been

strictly fourred in the offices of the Impreme Court - Pri't thi words "Fern" in this Hony, it is Avions, where

have one Judge

we

only instead of three cannot be

applicable in the same sense as adopted at Home.

Finally I cannot out,

regret in common with

many

other of my professional bretheren that your

chances of absence

from the Colony in order to recruit your energies and strength

i

!

7

T

?

!

1

:

essentially necessary from your long residence here should have been curtailed

:

of

Colonial

even to the extent

mactments even

they have latterly been

I have He..

(Signed) 10m Gaskell

For the present I have retamen

the dreuments forwarded to me, in order that I may again refer

them to see them.

any

solicitor wishing to (Sig.) W. G.

Учие Сору)

Morning

Colonial Secretary

In 86054

50

213

(Copy) Mr Porcows's Remarks on the Alloway

VOLV

Attorney

General's Letter of the 37th May 1856, forwarded to him 21th June 1856.

སོ/

throngly deprecating ivery woord tinding to thermo Home on the Chief: fustion, who, I am persuaded, always

acts from

" from a feeling of mercy, and devies.

if he do ere, an

e421

to

side,

eny

the right

1852 § 15,

out.

yet I cannot but say that! agree wither the Attorney General, melis -Few of the Ordinance W. 14 of coupled with the Rey, your of 1 + March Reg. 1947. I believe that I first pointed on to him that, mivelemeomanto mily were contemplated with reference to the five days pustice (formerly time), and in the core of Samorang I invisted before the Magistrate, on his being enmmitted for trial for the next day, which was the

T

1

first day of the briminal Sessions _ the initieves itlis appeared against the prisoner before the Magistrate living arrived on the previous day mily. Magistrate was satisfied that, my reading of the Ordinance.

soon

the

ev right, and acordingly committed the privver for Trish on the ensuing day within t

urtice – I divenvred the bridiance and Regula Generalis with the Attorney General, and he agreed with,

but said he

Now 11

new,

play muwilling to argue

him

the point with the bluef Justice, or he had been recently differing with len so many times in opinion_We did linvever, very plig litty, allude to the Ardinance and Regula, on line appli- _cation that the Depositions fhould be returned into fourt, and the Judge taid " If a puisdemeanant is entitled

214

a man who is tried

61

to notice, surely a pan for his life is puore to " and Horis Lordslip required the five days notice

to be given _ I then instructed the A.G. to apply to His Lordship to appoint an

- an extra briminal fervious to by Samaroing, but the A. G. thought that Heis Lndship had pes juris-. _diction, and he began by laying that I being very

-antions

that the

witnesses should not be detained had instrusted him, the put he

hrow dc.

no

afraid His Lordship had po jurisdiction to order an ostra-fession Heir Lordship stopped him by-

by karying that he had no doubt of his juris- _diction, if a necessity were thecon for it _ This being shown a short day appointed, giving time for five;

Dow at

days notice.

:

1

62

I do not disagree with His Lordship's motives but with his rearming, when he says "if or, mirdenemant be + entitled to notice mults fortion

....

man tried his life must be so entitled. It illustrate this - apron oxcrcising

lourful but offensive wallings happens

to come to near to me our to be tienne

Annvance

OL T

and I indist him, alttingh perhaps he

be or public benefactor may and I his eustomer, but e sbject to his carrying on his offensive business under My toe. _ The low-provides in Hong- -hong, and did formerly, in England,

Mose

that suche offenders

notice of trial

were entitled to

But take the other cave - Am

armed. Ruffian breaks into my house at dead of night and puurders, my wife

wife or child, stabs and wounds those who

215

attempt to secure him, and is at last loud by the heels, captured flag route delists, without the smallest douth. his quilt _ This out-therat, if the arguments of the bleef Justice

Avere av

Sound as they are mucrsiful to the

7

criminal, would be entitled to greater Consideration thom the slaughter= whis crests a slaughter line too, wear

literalimeven

my dwelling, and wlieve Reef and Mutton supply my table

72

L

ind

pery

Emiseive line anybody

March

Could read the Reg. Gem of . . Manole

I hear they

1847, §§ 38, 39, 441 and 443, or I hear they have been read and acted on,

without

bring struck with the absurdity of the holding that they apply to filous_off that were to a purderer is entitled to a polite puersage to some and be hangos, of non-compliance to be

and in cave

.ged

:.

called three times in bout, fur, &, — Molch to this that $ 149 says that privmurs (here properly designated) shall be re- -quired

to plead instantly, unless where they

are

entitled to be served with

not entitled to a

and therefore, must

copy of the Indictment _ _ A felon is

sopy of the Indictment, re must plead instantly. In England the Legislature low recently abolished the notion of trial in

-Misdemeanonts, plasing them and felous,

in this respect some footing, showing that the tendonry of sirilization is to lessen the from_ "shown to crime in any shape whether

the

Cave

moral or Social.

or

puan

respect, on the

If a man In is liberated the better for him, and if quilty the sooner he is punished the better for Sroiety. The boat sin its

be innocent the Somer

21€

enestitution, heav fiover to first fone the trial of a prismer, if necessary for the sands of fustion, both in reference to the privoner and to Society.

HLeve

очень

My

views of the Low-

and practice in this front, but I think it may be safely left in the hands. of the bout to deal in th each one

v

as it reeurs, and I have not heard

stice ever

-refurred an

that the Cluif Justice

extra Criminal pessions, if the eir- -Constansed of the cave rendered it expedient _ This power of appointing any day appears to men to preet_ every divergensy.

The Attorney General appears have been making capital" of my suggestions, and complaining of a grievance which nobody felt, although "just possible, by a too mersifultending

to

i

!

of the low.

пос

Necessary Neere

iin

8 2 . As for Terms and treation they were the subject of ove enquiry England before a select Committee of the Horses of Parliament. bon- -demned by the common sense of Mon -kind they would have forllen but for the influence of the bonoyers, and principally on the ground of the recreation required by the hardest working of the Bon, low-prevented which would have made it Term all the year round Many Chamber practitioners sashed it, but the leading counsel in the boasts of Lone and Equity were for the post part, in Parliament, and they angainst the shange - Practiseally Term is all the

year in Hongkong,

__

were

the

fudge not suffering the existence of com

in

down an cause, or in

217

Teasing

αν

Jorm to be made a handle for delay.

There is 1.0 difficulty in Houghong detting down it _ mutual convenience is quite conducive to justice as a comfulvory hearing, and probably an application for the hearing to stand over on the ground of the absence of a witness, &c. "Everybody kunes when the cave is to , for he applies to the judge to day long enough forward cuable him to give the required noties

give her to

Name a

L

and on that day the

canveis

usually.

heard, unless some unforeseen cir- _-_cumstance should firevent it.

Uniformity in Office hours is, no doubt, desirable, but officers of

the Court require some relaxation as well others . This how been secured by on long vacation at have, with I'mmers,

เย

|

S

Easter, and Whitsun Virlidays, during wlush time 2 hours a day have been considered sufficient for attendance out the Public Officer of the bont_love- thing analogous sight be adopted here.

It would of course be devira the theat the fudge should either reside pear the Court, or should attend at Chambers on

but some enwideration

stated da

days.

and 70

anger

entitle

stimuld be hond for the fudge himself, whove weight of judicial character, and great experience on a Lawyer, four- outweigh the benefit to be obtained from the speed of a more rigorous man, and colore bony seroines cutler lium, the some measure, to distate his none mode of ration_Lord bottenham used this argument when he pour requested by the Bar to prove his fittings during Term from

Westminster to Linerli's due,

G

and ultimately it 100 ultimately

was ana

2199

parranged that

he shined tit at Westminster during the

whether

Parliamentary session, colather For

or Vacation, and at other times at Lincoln's Sun. His Lordship's core-

r

- pience being envvidered paramount -: I think that nobody in Honghing comilst prefer the erratic speed of the: Attorney General to the comparatively slow, but safe and upright, snove of the Chief Justice

Questions requiring sure tenke tham emuld be Inveniently carried in a clair, or sampion, should post be argued at blambers, and dis difficulty exists to a day, being appointed to be heard in foort. The "temptation of drowsing under the fudger tref matter not foroperly engiigable there, for the fudge's greater love and comfort" dres

100

114

it

I

i

of the belief

not appear in the cave Justice ever to have been yielded to; and the high estimation in which ta

is held by all classess is a

he

sufficient

helt by reviver to the objection; but me has heard of something of the kind at "Jootts Bungalow ", the residence of the Attorney General, where he sater, not of

selfonstituted, and, as

Session,

Our of

OLV

.

เพ

#

it would appear, permement Grand fury, illegally as I believe, summering witnesses in support of a change against a Magistrate, whis happened

in an action for

to be his adversary in defamation.

tion.

It is not true that the blief Justice

sits uoluere else than at his non louve to transact Chamber_business_he hears summonses in his Room at the

bouch of the Cant. But the Attorney

Q

219

2 are

General phones recollect that there 15 Common Law Judges in England, Admiralty Judge, and Assistants, brunity brat fudges, and 7

am

Mumerou

Equity fudges, and that most of the Coutter have 2 chief clerks, ofperienced : members of the profession efforce be ill another does the duty - Kent fudge Honline is me

-Man

only, and, subject

to the infirmities incident to the nature of all, he how to meet them but with the physical strength of me, and that one room in the service.

Does the Attorney General "to lunger for his empty seat?".

The Registrar, sight, I think relieve the fudge of Momppuuner- matters, and he in his turn might be relieved of some of his duties, which could be performed by me of leve

!

1

T

+

experience. Many matters fucke Sumonver for time to plead, and to forthe, liave been in England delegated to the Masters; and in cognity the -Chief Clerks exercise almost judicial pustines.

The expression of divertent of the Profession and suitors never

having

other plumpe

reached my ears in may than that of sorrow that the Chief

fiustice

trow Ai

not well enough to cove mit, Joannot endorse the Attorney General's

neral's statements _ The isolated

@olve

sohich he mentions of the Receiver

(one of my

CONVEN

Spresume-Gingell

& Tiendesher ) lequired only two volumes __

가.

ace

and the other

Coive

of Pustore or Mye

A DON –

(another of my waved) savo application by summons properly cognizable at blambers, and, being adjourned, the

220

Chief furtive property-directed it to h resumed at Chambers. The Attorney - -General took up 31⁄2 haves in wasting "the time of the court on matters melioms to the preliminary question of his right to be heard at all, and if he had hand

irrelevan

Iublic audience which he wanted,

he would

-

- probably home recupied

ow

many days in quoting international_ and constitutional love me a summons to set aside an attachment.

I will out prevent say no more than that during tuy long and large

thật experience (meh longer and larger then thist of the Attorney General) in formctice at linne, I never found a fudge,

more

luore

careful, 12 pure ready at all times to meet the convenience of the professin, Emsistently with the justice of the word, thom the Chief pustice of their belong

}

i

7

IT

!

|

74

Love

Tone change, may be made beneficially in the machinery of the Offices, which I will (4) take on opportunity of adverting to on Inne future resusion,

as I do not understand that the

present ouquiry oftends further therm

to

generalitics

My short experience of this belang (although longer than that of the Attorney General) prevents puy, speaking

one some things of which I have formed an opinion . Some of the defects, dontthere, I have, not yet found out.

confidently on some the

·

(Signed) Ambrove Persons,

21 June 1856.

Ortonal beretory..

Cory.

80 221

Pemants of I.! Tarrant

A. me

Attorney General's letter to Erlovcial Secretary dated 3/24 May 1853.

With regard to the pit

to the pet part of

of the

letter Ishall simply confine myself

to stating that I conceive the Chief

dustiers

usted reading

reading of lignia Seuratis

pt. March 1847, Sic. 4/ and Brinanec

14 R1852 de. 15 to be the

Sie. 15 to be the mu most

me

decirade (as a party about to be trick

for felony

should

homi

zertainų, be allowed at least as long a time

long a time to prepare

his

defense

as tu ca

cumiged withi

!

?

:

misdemeanor) and that until

lately I always entertained te

:

1

į

į

F

!

[

that the profession generally deemed felons as well

misdeoncanants

cutition to the five (formerly ten) days urtice of trial, considering

bome out in suck opinion

they were

the manner in which the word

ний

"Defendant" is used both in Paqula

luach 1847 and ordinance

Scneralis of lunch 1847

4171852.

As to the observance

Terms I

tink it will be found on cuquing,

same have bee

have been obrewed in the

that same

r

customary manner, viz. by applications being make by motion in Court instead of cludge's Summons

creent where the practice permitted

pote

the latter course or

both pe

222

by the offices

comenten thereto, and by the the Court beins Kent Fren an

hour

Any

Enter than during vacation deviation from this rule has been

for

the benefit of Suitors. -

The non-observance of the fisc

the trick of

Sittings of the Sout

fuck

eing

Civil Cases, or rather Divil cares trick at ther than such fired sittings

I consider to be a very great from to the parties interested, rather than

source of inconvenience persons

a

thereby being enabled to get their legal

business settich much mor

more sheeding than key, therwise would. I cannot

agree with the Attorng Seneral that;

میری

there are no

regular sittings.

!

!

!

1

1r

ہو

Ch

experience, based on a constant connection with the Supreme Court Floughong (as infieled clerk of Solicitor thereff and as practitioner therein), of between eight and nine years having shown me that the Chief Juctice has always been ready (unless prevented by illness) to hear the annointed days them ready for Trial, provided proper notices have been given, and that be has also laid the Community under peat Bigations by his willingueu

cases when

all cases on

times to try cares

at all ther times to

-applied to, thereby entailings much

estra

rimself, doubthere

whon himee

estra labour whon frequently to his

to his personal inconvenience..

222

Stow the entra sittings recasion." Surprise I cannot possibly understand, the mode of procedure laid down by the Chief Justice putting same quite out of the question _ the practice in such cases as I have always understood it being that Ais Indskin will not try cares

ru any

any

ther

Day

than one

one of those

appointed by the Adinances without the Consent or at the request of both Plaintiff and Defendant's Solicitors.

such being

uch being the counse

where

can

ис

the Surprise! These extra sittings are also tired

for days

Convenience

mited to the

the curlicants not if

the Chief Justice, unlere as is seldom :

the ease, the wicked off by

:

}

i

}

880

81

224

Į

!

unsuitable to His Crossip.

The precent Sout Arlidays

creept

I have nothing to cry to, wept

that I know the majority, if not all of the Incrubers of the profeccion have frequently crriesced a desire

to have

time at their disposal

have more time at

reercation and rest than they

have hitherto been able to obtain,

and that only last

year

the whole

on that account agreed

profession on

to a c

cessation of business for a

fortnight or thereabouts.

I have not the slightest

objection to the Chief Inctice transacting chamber practice at his place of residence, nor have

A

I

inconvenience to complain

any

on th

that scre

score, and

and no

as far as

Clients are concerned can

ищу

fearlessly assert that neither

un their

the

in

any

their interests have

e ever

way suffered from Stis

Lordedip hearing reclications it

his own house instead & at Court.

of

And that the Profeccion generally

have not felt

any serious discontent on account thereof is apparent from the desire always exhibited during term to brine applications before the Chief Justice on Jusumons in preference to making a lustion in "Count. Matters not by the practice strictly cognizable at Chambers

:

82

03

225

}

F

S

[

being at times. Famacted there by the consent and wish of both parties in the Canse, which certainly would

care if Practitioners

1

Lever

be the

Lod my

great bjection to attend at to Coklip's private recidonee And that the English Judges to not conscive themselves prohibited from transacting business at their own

Conses

pouses ina

may

be seen from the following

;

cutract from a report of the

applications for a writ of Certiorari

to remove the dudictment into the Count of Queen's Bench in the well Known case of major Beresford and others indicted for Conspiracy to bribe the electors of Derby which

#

I take the liberty of quoting. H consequence of the absence of ind Campbell Mr Barra Piatt diver of this matter at his private residence: This

This was not an

exparte apsliention, both sides bering represented

"The hour of twelve I consiter

of

most decidedly preferable to that of ten for the Commencement "Count business by

his Lordship, the extra two hours enabling iractition

to set the business of their office in train for the day before starting, no small matter on taking into consideration the extent of busines entirely unconnected with

......

E

t

1

!

I

I

F

84

with the Court transaction, of them, that they may be detained in Court. _ all day, and their inability in this Colony to obtain

the Services of efficient professional managing

leiks.

Victoria, Hory how June 21th /1858. (Signed) H. J. Parrant

Solicitor A. Ar.

(True Copy)

3

ne 1856,

252 June

Olonial Sconetary

Copy.

◊)

226

85

Houghton 26th June, 1858.

To The Annable

John Walter Hulme, Eigt,

Chief Justice.

lis

Having heard that the Honnable

the Attorney General objects to the Count commencing its sittings at 12 o'clock on the ground

the ground among

others, that it is unfair to the Jury- We the undersigned jurymen, bez to

state that we are more

we are more satisfied

with the present hour of opening than

we would be with

any

earlier hom

-----

J

:

1

J

¦

}

86

In the following

reasons..

First _ it enables us

to devote the

Inorning

to

ur business

Second- because din

Gentlemen

having been chosen as Jurors the other four are permitted to

permitted to go about their

oun

affairs

and

where morning

are

аль

87

227

(Signed) I. A. Barretto | (Signed) H. T. De Silver

4

not detained the

"

under the early

opening system, waiting the shance of their being chosen in W the afternoon Jury,

We have to.

(Signed) J. Jardine.

#

"

A. C. Maclean

John B. Compton

A. Magniac.

F. A. Rangel.

"

Geo. Macalister W. Thom.

Ediv. Pereira T. C. Leslie

Francis Chomley

G. Overbeck

Eas. K. Leonard R. Antrobus Mr. Mourilyan

G. Broderson

£. Edes? Murrow

J. Puestly Jate raw? F. Juncanson H. R. Hardie 5. A. Block John B. Brown Hersu Schaeffer G. A. Roccing A. Serrays. M. J. Murrow

Walter Schaeffer

"

11

"1

"

G. P. De Silver

G. Wilkins

G. F. Maclean

I. W. Brimelow

John Ecarth P. Pyric

Andrew Grant

M. Crawford 5. A. Lave G. Norris

W. A. Bowra

Lot W. Farsant

Fev

LOOK! Lawrence 4. Lyall

ејс

C. F. Still Edu? P. Reston

Serge L. Haskell Stobṭ &. Walker Thos Sutherland Adam Burnes I'm Pustan

:

:

[

i

...L

$3

222

(Signed)

#

Lamond. (Signed) I. Findlay

Louis Ferschfield

Thomas Fatham John Ashton

R. B. Sherrard Ir. Tarrant

and Disson

G. Inddell

9. Lamaik

5. Harper

a. Leigh

J. Willamme

"

J. V. Calons

C. D. Williams Charles Weiss 4.5. Hoey A. W. Kup W. H. Foster 5. Winibirg St. Crosby Fr I. Larmont W. Harding Robt Strachan.

True Copy)

Wennons

Colonial Secretary-

Copy-

I have perused the official Communication from the Stounable the Attorney General to the Strunable the Colonial Secretary recepceting the despatch of businace in the Supreme Count. I agree

to a certain extent

to the propositions laid down by the Attoring beneral, not however by way of complaint against His Lordship the Chief Justice, for

neither the Bar, Attornies nor Suitors have

ve ever madi

any

indhin

Official Complaint to His Catchin

requiring any alteration in the

precent system and therefore Ais Lordship must

U

that

as assume th

÷

worked well- And in conclusion

I must expicus my opinion

Genuai

that

ought to have

the Attorney represented the matter to dis Lordhip

leone communicating with the vvernment

Zigned)

в.

L

Cooner Turner, Stony Kong,

(Shue Copy)

Лис

urur

15 July 1856.

Blonial Secretary.

5

Cory..

:

"1

#

Inobe

91

229

With reference to the letter of

the Honorable the

the

whon the

at the Attorney, Écncral

practies

the Suprince

he remarks

Count and in which he

"The only difference is that, here the "intentions of the Legislature

are

not beyed by the Judiciary,

"and the cramble thus set has not

failed to find imitators in the "inferion departments. The Iolidays allowed by 2.5 of the Regula Fencials of the 1th Claren 1847 and the office "hours therety appointed as not "correspond with those sourock in "the practice of this Count" I have to observe that as

W

far.

12

92

230

am aware the hours definesh for attendance at office by the Officers of the Count are striety

by mn, Juniors and

Served by my

for

as

Jam personally conearned

I can truly state that if I en at all I'do so on the right side

for I am on most days in

my

ffice at half past nine A. M.

!

and do not leave till the hour of closing.

Is to the Holidays I am rather

surprised to dink they must kept_

call to mind one

I can

can only

instance viz: the last anniversary of Her Majesty's Birthday when

I sat as a Commissioner to

take evidence in the Ease of

"Levant" and Certainly dik so

the

only to suit the convenience of Parties.

(Signch) W. J. Merander,

Resistrain-

Registrars Free

Count Bruce

7th July, 1858.

(Ime Copy)

пис

ние

Colonial Secretary-

94

✓ (Copy.)

·493.

dir.

Ju

In86043 231

botnual Secretary's Office, Fistnia, Koughing,

th

17th July 1856.

95

reply to your letter of 10th

instant, with Enclosures, in which

you request Now's Exce llowey's opinion on its subject, I have the limon to forward wopy of How's Coswellenang's Memorandum on the question, and I howe ales to express, my regret that so many days have clapsed th to my nom indissonition) withion t your receiving an actiuneledgment. of your communication.

The Honorable

The Chief furtice.

+

་་

I love, Kei,

E

(Signed) W. J. Mercer,

Colonial Secretary.

Tine Copy-

Colorcit Secretary.

!

96

33

232

(Copy)

Memorandam.

Government Offices,

July 1856.

how read,

with

great solicitude, the whole of the

the

emerpondence enmected in the the Administration of Justice Supreme brat!!

in

have felt

Koe would, in eave, li

any

extreme delisney in interfering with the action of or functionary s

a

experiensed, and reenfying to highe a position, or the Coluif Justice,

the thinks,

Moreover

cover, that the

aud

veryy

Hei

sivere and dangerous illness of Foir Hoover how lately entitled line to

the greatest indulgence and convideanta

Sir folum tenoring is of opinion, a a general prinsiple, that us needless

av

}

delay

the trial

of

delay Hinild recur in

be the gravity primers, whatever may

of the charge against them, that ms delay is justifiable but that which is demanded for the clusidation of truth and dependent administration

LC

Ow

of justive. In this Colony delay more expecially to be deprecated, an the fired upon intuersed is very imperfect, _ and lapse of time so prequently leads to low of testimony. Having the stated his general views, How's Exscelleney does, not fact authorized to pronounce a condemnatryg judgment as to the server in soluste Hoi's Homer your fit to order delay of proceedings, _ feeling that the acording fuck delay must be question for the fudge.

OL

As regards the regular and certain

233%

Any

Sittings of the Supreme boat, fuel regularity and certainty are desirable ins as four as they entribute to the speedy administration of justice How He is Chcelleney must attribute post interruption to the well-known_ starte of the health of the blief furtive, and to the fame cause the frequent sittings in His Honor's private stoly- which no doubt may have conved inconvenience to some of them who have to attend. How Exellency finds however, from the sorespondence, a

ビー

general

emeurrence in

is

-༥

abody-

Jinion that "the Chief furtice is willing to - ascomurdate professional gentlemen

and suitors in their reasonable

requirements, _ and feels assured that both on to keeping of Terms and the holding sittings in Chambers at the

|

3

і

Can't Home, the public convenience with not be lost sight of by the bleef furtice. It appears by the statement of the Registrar that he recollects rely on instance (a anne of urgency)

of urgency) in poliche the holidays have, noth been regularly-

hept.

With respect to the lour for opening the beast, as it appears that no less than 744 gentlemen on the pay List sower in opinion that striday

1140

iv

the most emoenient time, and as

representations of a sontuury character have some to the hunwledge of the Government, His swellency on- "cludes that the change suggested by the Attorney General would not be irseeptable to the majority of those

Concerned. Tone Copy

B.

Waurus (Signed) ft.

Bolomial Secretary

"N: 120.

Wisec Claucous.

る。

Copy to 20 informo

Пів. Обладает

24 Sour

10663

Sent:

/56 (££.)

You and 102 / 16-140

&

RECEIVED

dir,

SER18 185€

360b Hong Kong

wat

I

ZOffices, Victoria, Konghong, 22 July

2

234 1856.

In continuation of my Dispatch

Move, of the 7th instant, I have

und the lover to trouwvmnit &

the

further eme spinulence on Subject of the difference with the American Consul.

The

- present dreuments, which

I trust emolude the affair so far as this Colony is concerned, turn principatty on M. Keenan's complaint

The Right Hominatly

Labmchere, M.P., Heury

Kes,

Xe:

:

I

!

:

of

Mr. Mitchellé behaviour.

Mr. Mitchell's deportment is frequently such as to afford come for offense, but I am inclinest to this recasion

think that it many have been owaggerated in 11. : Keenan's naturally portioal on

and

exerted mind. Inteed McKeenam

himself bemes to admit (dec 14 his

V

litter of it the July) that the insult dows observatie in Mr. Mitchellin Comtenance, rather than conveyed in the character of his language. I have mily to repent my carmest hope that some

arrangement, many

be made with

the Muited States Government, by

:

235

which its affairs in this Colony- may be cutested to im Officer of more discretion aut and

and judgment than. Mr. Cousut Keenan exhibits.

I have the hover to be,

written the highest respect,

dizi

Your

our most Obedient, Houmble Servant,

202.

!

J

i

!

236

TA

oocy

subject of the difference

Consul.

with the

American

Received

Transmitting further

Correspondence on

the

The Bt. Honble

2200 July Governor Sir John Bowring

H. La bouchers, In. P

Victoria, Hongkong, 7856.

10 120.

1 In closure.

Gov

R

8067

2,606 Mb Kany

51.0. 10,668

Governor Six Dosur Bowring

MOTE 28 r.

Milich

ладно

DECR

499

crivele M & J Ball

Schoucher 4-

Mon Meinale

I am doubtful.

whether it is intended that the substance of the Peport and be

Communicatied to the

on av

God as the Opension of H. Mis: Gort on that of the Law Edvisers

?

i will dir Ima

Hum

Sir

Entire th

e.

7/06

I have to ack

yous Despäteters Nos 112 and 120 of the 7th and 220ally

respecting

جوش تقدم

in

which the American

Consul has sou

sought-

:

to dispute the

of the

jurisdiction Cotorial Conte-

oreer.

Offences committed on baard American beessels

B

in the Harbour

Shany Korey

Mr. Mist

Foreign Office

L.F.

18 Sepor.

Lept

I

237

Appon this question Порти

I have to make t

the

following observations – It is

you

E

dear up

every...

sules

y

International

:

į

:

Leen, that the Masters

and brews of Foreign Merchant shipjes, when

at anchor, within

English Harbour

are banned to gield

obedience to the Laws

of the Country during

their residence within

it's precincts, and that

Acts and occurrences on

withe comulletin

with the law kotiins

board such ships, entrich if done

on board

7. The Com.

:

English Stups workd les bracters of the

jeau of the Kussen, Наля

render the peersous

concerned amenable

to the briminal

Law

of Hong Kong. This principle

appears

to be acknoure

-ledged by Mr. Marey

in his better to.

Mr. brampton of the

17th April Sust,

cups of which

copery

enclosed in

a

my

Despintet so go of the

21 July. By that

letter it

appears

1

English!

'

232

that Mr Icevan

Seas decen instructed

that his clann as

American leansed

to exclusive jurisdiction

over briminal acts

committed

by

Qerited

States leitizens

y

συν

devited Sintes

kaard

Steps in

a

Foreign

Harbour is not

sustained.

Gov

Seers

by

and there

ano Acasow

therefore

in

to

appresrend.

fitore any

collision between the

Amercian bousel

and the local cuittiorities.

There

passages

are

Acoevere

in Mt. Marcy'ś

suggests

Letter

important subject.

of

consideration : Me

Marey

#

observes-

If

-every complaints of "onry Chedividuals " the brews of

"Dessel

44

ex

7

ainst the--

again

"Officers for ille treatment

" is to the taken

by

up

the Civil Authorities

"ou Score, and there "Afficers proscented . "briminals, Commercial

" intercourse will be

" subjected to very

"

Shere

239

|

|

!

'great ammoyave

" and serivers otetriment"

Ayou this paint. I

дурта

Lan

only.

observe

that until the

sudije is

et is dealt with

recipront

by

every

suntival

6 enactment.

act which

runutel

warrant the intervention

of the

the British

t

ip

it

bound

Ships,

accurred

Magistrate

English

must receive

the like intervention,

inter accuring

Seaard an

Amerian

Merchant Ship in

British Harbour.

نویرے

It is true that

E

the Saw,

f

the

Senitect States does

in certain circumstances

justify

the

erdal

personal violence

bey

счет

o

an American Merchant Captam towards his Creus (as

for instance the infliction of corporal Junishment in

case

7

drunkenness

sab

or sequents by as

Kaman to do beis

duty) suck Sewer- may be considered

асо

incorporated into

H...

240

ļ

:

I

!

the Coutrosets

hining the Soman,

whore suite

te tire

suring

has taken plesse in

the ducited Hates

околов нео

British

Magistrate, when required by the

Sevilor to treat sweb.

et of the

conduct of

Coop teriv

brimiva Pessautt

will be justified in exercising great caution and for bearance in putting the

Criminal Laws in fore, provided

always

always

that the Jublic

peace has not been

autrayed, and serious

injury,

Seas not beeen

inflected. But it-

rustles torne

in amid that the

Excentine Gout cannot do more then suggest.

to the Judicial

Iritermals to exercise

a sound discretion

in rest applying

the Law too re

in

rigoresty

cases not of

of a

serious character.

With reference

to the complaint made by the teenan

I

1

1.

ri

L.

coreduets

of insutting towards himself

by.

Mr. Mitchell, I

trust Meat the

Cissurare et

conveyed

in Mr. Mereus letter

of the 17th clely to

July

Mo Keenan, will

have satisfactorily

terminated that part-

of the

case

I have te

Copy.

Siv.

to my

W. S. Consulate,

241

Hong Kong July 8th 18516.

in

Your faves of yesterday in onsiver

of the Ford Instant to his

letter of

__

ballency Governor Bouring, Amplowing

of the conduct of Magestole Mitchell,

has been received, In it you

Lyon

state that

Mr Mitchell Avers that he was compatier

to refuse my claim,

as

a

Contexy

to

}

C

a seat upon the Bench dining

the hiab of one of my Courtymen,

in which an American

Sailor was

the prosecuter, owing to circumstance which he then and théo particularized

The Circumstances that Mr Mitchill

L

i

2

particularized as this

as this grounds

ound, upen

which he refused that comtesy, I am

not informed of, but if they are those Enumerated by hum

hun from the Bench

on the 30th instant when the claim

to as made by Mr Turner, I have to say they are not only unfair but_ incorrect,

Jam not surprised at the denial

of M. Mitchell that upon that occasion

he used towards me insulting language,

And that his manner was

#

"insulting

And sindictive " _ for the Official who would take advantage of his position

apon the Bench to me

andely

insuet

Another, in a

manner

that no

Gentleman

242

off the Bench would

have the timenity to onsume towards

Another, would not hesitate undiv

other Circumstances

Words and actions,

demy both his

I leg leave to reiturate

most firmly the declarations in my letter to his Excellency, that he

did use towards the upon that

occasion insulting language

And

that his manner was windictive

And Insalk

insulting

"And in support of

с

these declarations, I would rejer His Excellency to G. (peper, surner lag : Mr. H. T. De Silver, Captain Samuel W Like of the Ship "Meteor "

:

J

י

7

i

M. Sewell of the Shish Thy away A. F. Gardner of the Bark Sinisana, C. Spin Ship Samuel Wilets. Benas Cinsley Ship Kingfisher, Cabel Smith Ship Amie Buchmon Barry Ship Saracen who love thee in Cout, and all of whom I doubt not, would readily depose to the correctness

were

of the charge I have brought against

Mr. Mitchells. You inform me that

Capt.

7

Ceph Watkins a brother Magistrate,

kears out Mr. Mitchell in saying

that his words and Conduct were

governed by perfect temper and self possession, " I do not know what that Gentleman

an considers perfect temper and

242

self possession or what he wonter deem insulting from the Bench I had from my intercourse with him, hoped not, but it

may

be that

he has fallen into the habit of thinking

with some others, That a

Magistrle

upon the Bench can insult a _____

Gentlenvan who appears

in Aut

in the line of his duty _ with

impunity and self possession.

I have

agour respectfully to request that His by cellway will cause ample repaction to be made by M. Mitchell, for his insult to me when in the line of my duty and consequently to the Gonemment that I to as then and

AITAS

!

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!

----

E

thin reprisecting .

Yara form

My

me

me that there air points

Letter to which his by cellen af

directed: you allusion" as the "material principle of which is cheady under reference to the Supreme Governments of our respective Countries "

to make no specific

I had in disposition to renew

Correspondence upon that

tinpleasant.

subject and his by cllency will do

me the justice to bemember that

it was he act of Mine that caused

its rencial, When acts that my

Government gives

the to undust and

ssion, are committic

are acts of aggression,

3

244

lepon my Countrymen, I owe them

duty-from-

And my Cambry a duty from which I cannot escape, howsoever

unpleasant the subject may be :

And here I beg permission to suggest, that as the "Matural principle is ander refrena to the Lumeme Governments of am respective Countries and yet

Undecided, we might be permitted to clam

exemption for the time, if not

as a matter of right at least as a matter of Comtesy, from the

+

by time of what

we are

taught to

look upon is act of aggression.

I have

disposition to continue

the correspondence upon this laiter

245

1

:

subject, and hope that neither the Government or Twili

-

to allude to it agam -

·Copy.

ever have cause

N 47 4.

Trusting however that the Gonemment will, upon refuence to the furson have named alone see the justice

of My Complant rigainst Acting) Chief John Magistate Mitchell,

And

the reasonableness of

dem em 0.

772

I have the honor to be

Si vagy Respectfully

Your abt. Servant Signed] James Truman W. S. Consul

How:

M. T. Mercer

True Cony

Colonial Secy, Wilmont

Colonial Secretary

01

Colonial Secretary's Offico, Victoria, Hong Kong,

9th July 1856,

M. Consal human having

Charged M.

Mitchell with insulting

.

Vindictive.

language "And insulting and minchitis Manner towards him from the Magistatis Buck on thon day last and Mr. Thischule having y reponit to you as present at

the time, I am directed to call upon

Your for your recollection of what passed

ssed an

that occasion.

Captain Matting H.N.

Harbour Master and Maine Magistrate

le,

le

des

!

7

:

T÷.

!:

I. have ic

(Signed) [WT. Merar Colmint Secutary

Jave Copy

olonial

ecret av

:

4

any

J

Copy

No 44.

Slowverable

Marine Magistrates Office

11.

246

Victoria; Hong Kong,

9th July 1856.

In reply to your letter of this

date Nr.474.

I have the honor to

State that Irons on the Bench on

the occasion refined to, and that I did

not hear Mr

Mitchell make use

"Any insulting language, or titress the by hibition of any insulting

My insulting or bundictive

Mamer" in his behaviour towards

W. T. Merce Eg.

Cotenial Secretary

[

!

Mr. Keenan – Mr. Human claimed

a

night to sit on the Bench in

all cases in which American

Citizens

ns

were Concerned which

Mr. Mitchell declined to admit,

and stated that Mr. Keenan had;

on a recent occasion heated the

Count with so much disrespect that,

unless directed,

by Authority

or that

Mr. Freeman atoned for his former

disconatory

he would not

1-permit

him /. Mr. R / to sit on the

K/b

Bench when he provided

My opinion is that

M. Mitchell acted throughent

ress And

with proper firinness

and temper;

Ana

having

247

read Mr. Mitchells letter to you on the subject, I

Consider it contains a

full

perfectly

and fair statement of what

Actually

occurred.

I have ve

(Signed) The V Walling Jr. and Manne Magistrate.

Ture Copy

с

!

Memant

Some Larry

i

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wwwww...

Copy

W.Njs.

Coliment Sorstar's Offin Nichara Marg Kong,

242

6

?

9th July Bust,

1856.

Si

M. formal

Keenan has referred

to

at in the case of the Annie

You as parent in the cas

Beckimen at the Jolie fort on Thunday

last, And I am durcked to request

you to finish me with your

recollection of what passed:

on

on that

reference

occasion, - particularly

Canticularly with refersu

to the langunge

And demeanour

Mr. Mitchell, the Tags hate.

of

G. Cooper Turner By:

L

i

I have se

/ Signed / W.J. Merar Colonial Soutary

True Copy.

Colonial Lecutory

1)

Copy.

Sir,

249

Wang Wing, 11th July 185€.

With reference to yours of the

to

9th instant No475 requesting me to

furnish you with my tecollectin

of that passed in the case of - Annie Buckname more particularly

with reference to the language

Alio

Mitchell as

elemeanour of Mr Mitchel

state

Magishale, They in reply to while

that I appened at the Solice fourt

lichalf of a Mr. Stipps the

The Honorable

W. T. Mercer Esg: Colonial Secutary.

BARRE

+

1

!

$

Mate of the vessel when the case tas Called Icalled the

ow,

attention of the Canet that

the American Cousut was present. And the defendant being

aw

Aminican Citizen it is usual as

a matter of Cantery to offer the Consul a seat on the Bench

Mr. Michelt then addossed

M. Kawan in most Contemptuven

leerd's

manner the following.

"That

such was the custom but that on

formes occasion Mr Musan hei grossly insuitted the Cant and in

a most disgraceful way and

that no

no Comitiay should be

250

extended to him and that he-

would not offer him

a seat on

on the

Bench" I then said to Mr Human

have been so insulted you You have been

bmust leave the Camt - M. Meenam however asked Mr. Mitchell if

Own

responsibility

he spoke on his or whether he was following the instructions of a Superior Authority

And Mr. Mitchell declined.

giving

tiny ripsly. The Concant then protested.

writing against the action of the Count in the matter, the Magistak

replied that he pay.

no attration

to the protest fouther than to file it, I then left fout with

:

!

:

Į

Mr. Miman before the case was

Jone into .

I have de

(. Signe / G. ferper Turner)

True

Copy.

Costmal Short any

Copy Naf485.

251

!

Colonial Scoutary's office), Viction, Hong Kong

وپر

15th Sity 1851.

My Grettency the Gevarmer hos

had urdu hus Considnation the

Explanation grim by you in your Letter N. 49, of 5th instant

that

state as

His Crettency dricks me to

lies XGenely

wgands the seat on the Bench white you one quite justifiect in

denying

the night of a Conser to this

a

And

Privilege, the twoch auities Aust Combeies

alwap

& exciser tow ads high efficials

W. St. Mitchell,

Acting Chief Magistrate.

به

F

EX

1

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:

1

Give them,

a Arbain claim to it

approve

that. His lecellency dow but appard of Your refusing M. Corsal Muntin's - claim on account of a matter under refence to the Supreme Authentics, and

that while Mr. Neewan hold, the

Office of Cerant His Excellency is of "pinion that the privilege should be conceded to him, inasmuch

as it is

?

granted

to the Office, and

hot to the Individual __

The

evidence as

to

23

252

cand requin that the functionaries of Her Majesty, Government -

shall exercise their Authents with

Gentlemanly and becoming demeansuv.

I have se

(Signed) W. T. Moreer. Colonial Scretary.

True Copy.

Colonial Secretary.

:

1

your personal deportment is so

- contradictory that this by cellency does not feel himself all to give

lin

Opinion, but he does expect

DEX:

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}}

Copy.

91. 486.

(olemiat Scout aups Office), Victoria, Heng Mag,

253

15

Siv

1th July 1856.

With reference to your letter of

the 5th instant. I am duecter

This by allen ey

b

The Gonner, to

paint out that His Excelleu ry is cestach.

ent

to a British Colony Comporarity to Abrogate British Sawn, and bo

sustained a jmisdiction which it this duly to Maintain intact ; and that meither has tiny tiny

James Keenan Esg:

U. S, Consul.

крупны

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AIT

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pudrapor in office,

in office, ner has the lusal of any other nation, toe

lver

to His Excellency's knowledge

are not claimed

you

claimed Case exemption, which,

desire to establish, exemptions which His Excellency has reason to suppose

by Her Britannic Majesty, Government in favor of British Subjects either in the hackers or territory of the United Staty.

Urdu, these Circumstanci,

You with perceive how impossible

it is for this Carttney to dringe from the couse which his instructions declare to him.

all

M. Mitchell has been

27

254

informed that, although he is justifer

in

denying the night of a sensul to Seat in the Bench, it is country

to Concede this privilege, to the office,

And this Comtessey should not in his Excellency's opinion be denied while the Supreme Authorities have the

engenal question the der considuation.

The evidence as to

Mr Mitchell, personal depostronnt

is So Contradictory that this by cel- -liney is unable to Côme to a

Conclusion on the

the past,

hut Mr

Mitchell has been instructed that

His by allency expect

ton

1

1

!

:

acquires the functionaries of Her Majesty, Government to exercise.

their Cuthority with Gentlemanly

becoming demeanour I have

And

dc,

Signeet, W. I.

Meren, Colonial Secutary

0/

Copy.

1

True Copy Mliman

Colonial Secretary

1

i

255

Siv

tw Answer

United Staty Consutate,

Hong Kong,

in

you inform

16 1856.

you letter of yesterday

to mine of the 8th instant,

me that I have astrect

His by celleway The Generor in a

British Colmy, temporarity to abrogat

British Lave,

and to suspend a

jaiseliction which it ishis duty to

Maintain intact," and further, that it is impossible for his Excellency ti diverge from the

Comse which his directions

L

declare to him" "I fear that I

have not expressed my self

F

31.

L

3

with sufficient clearness, and

thefore that I have been mis __

- understood. It was not

my

intention to aste his Excellency to abrogate British Laws, or to diverge from the course which his instuctions, declared to him I murely suggested that it would be gratifying if clearing the time - that the Material question remained

linecitted by the two

Governments,

could be permitted

:mitted as a

Courtesy,

riction over the

to exercise janodichu

internal discipline of our ressels,

that,

And I did not suppose, in

was

doing

this, I wore wating the abrogation

25€

of any British Law or a dingence

from any instructions .

If I did not mis- understand His Excellenty Dr Parker be informed me shirtly after

his arrival, that It is Excellency the Governor

had uses the d

him, that

there should be no repitition of

the boarding of

our Messels in such

Cases, until He Britannic Majesty's

heard from

Government should be levic, tipon the Rabject.

I murely acted for an extension of

the time of this Monontiovention,

till the matin should be

کے

-settled by the Supreme-

!

+

Governments of

respective_

Countries; And as it is now this

subject of their correspondence,

it is to be presumed that their decision will not be long. delayed . The impossible of

litter however settles that

you point, but I have to aste that

His Cycellency will have the kindness to forward to Hear Britannic Majesty's Goocomment, a Capy of the protest that I presented to the Police Court repon the trail

of Mr. Phipps :

: and in order to

Avoid impleasant action hereafter,

And to save myself from liability

3.

.257

to insult similar to that I received when I made that protest, I respect-

:st that should a similar

- fully request

Case agam tinfortunately

ассни

the

Government will Consider the same _

protest as extended to each case,

until the decisions of the Sapume Governments has hun learned . You further inform me that Wone of my predexpors in office," Nor the forants Consuls of any other Nation have his Excellency's Unawlage claimed the exemption that I desire to establish.

Quite

b

uite littly they have not. My Predecessors in Office

And

were Merchants

His lyceliency is well curace

:

:

that intarst" and "policy"

and

"Muckness"," "and loc afton the Molloes of foreign Merchants. By the- tortings of Opinion of our juist - the declar

Our Statesmen

the

- ations of triters upon International

Lav,

and

the instruction of

of one Government; United. Maty Consult

are directed in their duties, and

the neglect of one to perform that duty is no justification for neglect in another; and hire permit me to remonts, that in making the claim that of have made, to jurisdiction exer difficulties that take place on

:

board of our bisects, between their

Officers

And Grews,

35 252

I do it without

any feeling of untiinctness or antag-

-_oncise to this Goverment, but simply

because I deem those matters to

be shirtly in the line of my duty, And I cannot therefore regard the

imission of my predecessery, or of the Conents of Carry other Nation ne

Consuls Amy

a criterion. I might refer this

ballenry

:

to man

many

similar

Consuls

instances in which am

have claimed and quoined the

exercis

jusdiction. I have asked to

to permitted to qucise, but I shall merely refer to that

DEX

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F

!

of Captam Allows of the American Ship John (ummire, at Callao. Captain Alctams in that fast shot of his crew, and to as sent home

one

And we het w

is now lin

by the Conwut, and is

lin de

1 dergoing

bis tual for Munder in the United

States. You

also inform the

that Hies by cellency hav

Ruppose

ė acas EN

that these exemptions

"the not claimed

to

and My Her Britannic

by

Majesty's Gournment in favor of British subjects, either in the hambours or Territory of the United States," I might instance

other cases in which the

misdiction has been claimed

187

259

by British Consuts in Harbours of

the United States, and sustained by

om Authorities, but I shall only to the last one that has

refer

Come to my knowledge, that of Saunders and others by British

Brig Victoria ; lefar the United Slates Admiralty Court, Thiladelphin (Sedge Wane ) This tros libel for

·

was

trages . Aler Britannic Majesty's Consul, Gov. B. Mathers Exgfs – Appeared in finet, and extried a a protest against the crew being promitted

to Que in a Court of the limited States, The Cant Concurred with

Her Britannic Majesty's Consal

1

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by him, and

in the news apressed by him,

" anded that the libel be dismissed.

in the first

This case incepirated in

volume of the Mocantile Mane Magazine, published in Sindon,

en 1854.

Imvation the above

cases to shem His Excellewry that American Consuty in other facts, And British Consuts in American

Starkens, claim the same exemption,

that I have asted of this

Government.

Mitt reference to that

part of your

letter relating

to

the linduct of Magishate Mitchell,

I have only

to

that I nence

Jay,

10 260

did, nor do I claim a

de

I daim a right

to

a sent upon the Bench of the

lolin Count, sturing the time of

بیم گام

an American Citizen ; but it is a comtesy that has always been glody

extended to foreign Consuls, in every

country during such trials. but niither in My lelle to His Excellency,

letter bo

to you,

Nor in

did I ask

that this privilege should be con-

That is but a

ceded to Mic

meagre Countesy that is conceded by Coercion or obtained by

Solicitation. Moreover it is

not likely that I will again, if it can be swoided, place

j

:

1

261 4/

:

My self in a position that will

cy pose me to insult and in

indig -nity. Pasted and expected that

full ref

aration would be.

he

required of Mayishale Mitchell,

for the insults offered to me, and

کرنے

through me to the

me to the Genomment -

Gevernnvent

that I then refriwented. I still

expect the Amend, honorable, and

shall Continue to expect it until

I learn that this Government regards,

the one

that I have the honor to

represent, as the Contemptible for

Serious Considuation, and its

representation as persons whom petty Magistrates can, when

T

imperices duty bring them within their power, insult with impunity.

1

From Your letter

کرتے

learn that the evidence as to Mr.

Mitchell, personal deportment is

So. Contradict

:actictory that This Excel- lency is unsable to come to any

Conclusion in the point:

I have made some bogu

Enquiry

:inquiry and have

not yet learned that with thi

breption of

Mr. Turner any of the

i

Gentlemen to whom & ajerud His

Excelliucy for the personal demeanor of the Magishate, have been

even grustioned upon the subject; And with the exception of

¿

I

I

i

4:

M. Turner and

Captain Wathing, I di

not know that any

Evidence Upon Mr.

Mitchill, fursonal deportment has been

heard by his Costency. With –

and

regard

1. the evictence of Capt Mathing,

that Mr Mitchell linducted himself

with "spect lamper And self fussession,

I have only to say, that from the position offapt

Wathing occupied upon the

Bench, it was impossible for him.

to observe the Camtenance of Mr.

J QY

Mitchell when he spoke

ony

Ame thoufere not likely that he could

ethy

judge acceably of his climane ay

pure fect tempur or self possession.

I charge M. Mitchell Icharge

>

)

with having grössty,

language

262

And Au

And demeanour

Audely,

while

tepen the Bench - under the security

of the aegis of this Geronment, insulted

in

Me thite on the performance of My

And

duly is Unichts Makes (ensul, thrown Continuity apers My Genonment:

upon my

And for this in the name of the

Government of the United States, I riguest at the hands of the Government of this Coliny, the dismissal of that

Magishale,

2/

Satisfactory apology

4

fund him. If however this Government will notify the that the

Conduct of Magistrate Mitchell has

naived its indorsement then I

:

!

shall have finished.

Copy.

Allow the in Cinclusion to

wh

No 192.

Jay,

that in

my official intaconse

I have been ever ready to recognize

Si

C

night

and Concede to Comitisy ; and in

this

4.5 262

Cchnial Rotary's office, Acteria, Hong Kong,

17th July 1556.

In acknowledging yourse

letter of Gesterday, I am directed to state

Excellency's

that notwithstanding His Bollewey's

twillingness to proling discussions, or

inter inte discussion at all, en

a bratter

Cha

which is before higher Cathwity — their

the actairs. prints in your letter which Dught seem admitted, if left

Unanswered.

I think His Excellency,

ney, And

Awd yourself,

And other Colonial officints will bear

lestimary, And as I stand alone

here, I feel that I should expect a

just if not a

Jo

How

me

a

generous suciprocation.

I have

ке

James, Reenan

Signet Janne

U. S. Consut

W.I. Mover

Colmial Soutary.

Save Coby Mmmm

Colonial Secutary

James Mcewan Esq : W. S. Consul

J

EX

}

264 47

/

1. You

In ust indeed have

Misunderstood Stis Excellen

by

celleway

Jackes, or I = Posten Fir John

Benning

100

Kev

supposing that

a

any

assurance given that full British

Thitchell, hat has given that offien

instructions to pay on fature accasions that contary to your office.

which is

to him at the

its due, intimating to his

بیم

same time that His Excellway

smisdiction would at

ten

any

time be

come to no

nie Anclusion

Car

to his –

waind in this, a Butish hashour.

Victoria as

2. The case of the

quoted by you plainty

civil

loves on a question of tried antract,

And it has been this excellency's desire

through the whole of the correspondened

this subject to presence the distinction

On

between this and Criminal jurisdiction=

3. This Government has

not endorsed the Conduct of M.

demeanour.

4. His &colloway it

cellen

-fully Convinced that no good

will be answere d

end

by his calling for - ituation of testimony either against

in favor of M. Mitchell's Conduct, it dow not affect the man's point at -issue, and His by cellmory buck you will be satisfied with the assurance

that he has directed due Courtesy

DEX

I

1

....

' to __ be shown to the

4. S. Cinsel when his duty may requine his attendance at the Magistrates Cont.

Your Pratist. I may

mention has already been forwarded

to the Home Government

And your

anticipated -

trish in this respect Consequently

With refounce to the

last paragraph of your letter I

Am to repeat the thanks of this

- for the reactiness and

}

(

Action And His

will never

of a

265 49

Goattincy hush you

have just conse to Complain

a want of Correspondent and

Cordial reciprocation

the part

of this Government in the performance of the duties of your Consular offer =

I have 4c

(Sigmar, 11. T. Marner,

Colonial Secretary.

True Copy.

Comman

Cathnial Secretary.

Gener un

ement.

1

A

י

enengy

with which on

More

د

occasions than one

met its wishes and assisted its

you

have

..

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251 cong cong v

Schedule of Original Despatches transmitted by the Governor of Houghong to the Secretary of State for the Colonies by the Mail Steamer "Pekin" via Southampton on the 24th

RECEIVED

NA of Desp. Despatch.

Date

of

SERTS

1856

July 1856.

Subject of Despatch.

116 19th July 1856 On the subject of duties payable

117.

#

118

119222

120

#

on articles

imported into Honolulu by ships from Hougtong

Forwarding Report and Estimate We 6 of 1856 for

Magistracy in Honghong.

a serv

Forwarding Petition from the Houghong Law Society against Ordinance Nr. 13 of 1856 for the admission of attorneys, th

Forwarding correspondence

correspondence on the subject of the

practice of the Supreme Court in Hongkong.

Transmitting further correspondence

subject of the differen Consul

on the

with the american

packet from Sir John Bowring to the

Also, one packet

address of Edgar

a. Bouring, Esq. . .

N

of Juel.

nove.

baloncat Secretary

į

:

4+

1.

i

A

Her 9206 Hong Kong

.

pumercial.

leopery

Report. 10269.

to Lands

Answered 20 hat

for obes

1856

dir,

VE

267

Eineration Offices, Pretoria,

rument Offices,

Hongkong, 26 July 1866.

I have attentively read the

broom

Communication Now Six Ginge Bonham to Mr. Merivalen,

the subject of Corlia comigration

from Elmia.

In the general views

George Brham Scordially

OL

Cmour. I think there is a great superfluity of later in bling which might and contogeny,

The Right Homing the

M

Kolury

Laboucliere, M.P.

Ser

Ber

Be. 119

i

DEX

262

i

be transferred to the Colonies, -

ditions

and the condition of the Emigrant might be greatly benefited if proper

oved

security could be obtained 1th, on to the limest puurfires and proper fulfilment of the original Contract - 2020, fitting mounge sments for the sear

Pryorge 13th, Lecurity, when the period of the contract is exfired, for the return of the Emigrant (should

-and

such be his wish to his native

Country

entry

But Montlam afraid adequate fecurity can be found for giving effect to cury of thack three conditions . The shipment

of Corlics is now almost wielly Confined to unlawful forts where

there exists, no "kmenlar control, and where there can be no doubt

112

thrcking abuses and abominations prevail. The crimpo employed in the collection of Emigrants have been hitherto people of the. very worst character, and are very frequently severificed to the vengeance

the people, and of later, Several caused, have been put to death by the Mandarins. The: profits of the trade, the incomms premiums given for the collection=" of Emigrants, naturally and scevasily create Agents of the

of

20

!

DEX

1

i

W

269

!

.

:.

:

!

|

lovest and most worthless

description. As regards emitracts

-

entered into between planters and Emigrants in mor non colonies,

no doubt

is Initt breal authority sight give them full effect, but in

-

most other countries the corres-

-pondence of the Freign Affice sall, Sapprehend, thew that Legislation does not provide any sufficient protection for the Emigrant laborer.

"The securities for the proper treatment of Coolies during the myage might be fortisportorily. provided, if vessels, let them have collected their Emigrants

+

where they may,

were compelled

to clear mit at a Port where

die

Emigration Office and functionarie are established. But price the existence of the Chinese avengers Act, colici, from the 1. Jammary

which, last, compels all British Concurgeant Ships to enne to donghong, in ndar to have their papers examined, I

Am Avare

order

of mily me, instance (the "Houry. Mitter" uno in harton,

"

bound to Havanna) in which a

Cargo

• of Emigrants has been brought to Fomughing in M

order to fulfil

in

the conditions of the Act, through I have reason to believe, mon

mamy

shipments have taken place from

121

DEX

I

Curator, Cinesingmone, and Macao, inn, love of which is

Brition Official treatin

there alry

or prevent irregularities.

I attach much importance to the condition_, _ on referred to by dis George Bonhamn, that exfter the period of emitract is oxfireding there should be obligation to Envey the Emigrant home. This emidition has been

jurasiably incovviably repudiated by Contractors but I think it should be enforced. If a tide of voluntary Inigration

Could be directed towards the Cronies, – such as flower spon- Fanconaly to the Islands of the

270

India Archipelago, and some of the countries lying to the West of the Chinese Empire (diam, Cambodia, Annam, B.:), __ the mutual benefits would be immense.

A

I suggested to Sir Henry Barkley that me step_ Dikely to produce fornrable impression would be the sending back to Colima of any Emigrants who had been, mundentally kidnapped, or induced to oxpatriate themselves on paudulent representation I think the return of a four fuccesful

Caborers __ such as those who come

back from Carlifornia, Australia, the Philippines, ter, would, more than anything else, encourage

12

NDEX

I

J

the minigration of others, and futur persous might be employed to orgomize a supply of lunigrants willing to replace there who left, and to augment the trumber of setthere. I was informed, when on the Sland of Wanker, by the Resident, that his annual demand of (I think) 500 Emigrants supplied, with out any effort advances on his part, by the Chinese

trad

themselves - and that there was : invariably rather a redundance

than a deficiency of supply. As regards the five Ports Clima, the all of them suigration is prohibited _ and of late many

Je

271

prrelamations have been issued, riviting with the severest penalties those whs for rouse Chimamen for Shipment to foreign countries. Whatever, therefore, be suggested, it

must be considered that the

Shipment of Coolies in China is tainted with a pormal illegality and the Trade will receverrily t

of a most inequlon character. As regards Hoighing where the of our protective Legislation

value of our

is understood, there with be a

large supply of voluntary huingronty

but whether Britisha bolonics with

such an

---

as are

well be

DEX

offer attractions fuck presented elsewhere may

125

F

>

-

delf-

douthed. The great mass of Ingration from hence is supported _ the limigrant wither paying his nom passage, 12

ranging with his countrymen

at click a pawage

Conditions m

shall be afforded him.

the

No douth it would be desirable

the blincese all

to circulate among possible information which could attract them to the places of their destination, _ but suele pinformation could be infinitely increased in value if it were furnished by their non contrymen who have preceded them in the Countrice to which they

are sunited. If the

f

C

reputation of a British Colony

272

vere

well established in a district of Kuranting in Frokien, ur breat opposition would prevent tusigration that Colony. The Houghing Gyvernment might he on ansiting

ove.

M2

were

of great value to the Colonies linigration could be placed proper foundations, and if it com really in a condition to poure fair

ir contracts _comportatie

passages — fit treatment, and

ultimate restoration of the tuigrant to his native foil; _ but it in impossible to close mies.

Micellied

to

the difficultices of the whole question, whether in reference to the chonveter

/24

DEX

!

:

|

|

:

profits offer to the violation of all, to the temptations which large ressels of all nations, and, above

of the Argents employed, on to the nature of the Enupetition with the

law.

with the highest respect,

I have the honor to be,

&

Liz",

Your most the dient

Hommble Servant,

John Barren &

M. Eller

بية

·13ødt

This carespondence began with a discussion

of the conditions which

of Che

onight

to be attached to aw

neves into the West a

means of public funds. This kind

?

Julies by

До

igration has dince, bien discontinen and Papprehend that no practical question

27

pending

Jone

a.

that havch of the subject.

of Fire d. Hovering's amants havener apply also to general and unassisted Juncajration from

Cluina tit

may

be well t

send a copy of his letter to the liigration Couns? 7.78. 14 Oct

17

Sio wir

I

Time to Main Chines

Kiti

273

in several (sterier particular.

that the

the Shane

tha

вода воспи

130:

*...*.

Colm

1

}

1

=

冷水

Zi

!

:

نت

Gov 9206

Ear 10.268. } tongkong.

John Downing

Entered

274

{

Iw Elliab

332 / مهر

Liv

101 hover

18

Mr. Merivale JW. Ball In Labouchure. 20

19

20th Nov. 1856.

го

I have received

And causidered

дам

despatak No 121 of the 26" of July last on the subeat of Eunigration from China.

you

I have to Repaint

that unless suck

meaus As would meet

the Approval of this Getament Caw be devived for securing due proportion of females it is not contemplated to make any ende avour

4124

DEX

:

.

King

9207 trong tương

122

OCTY

to set on

Aw

fool Emigration of Chinese

to the British Colonies

At the publia

expense. Ехера

Shavess

:

Legislative.

r

Answered. 122.

21 Oct/56

275

out sinlergenment Offices, Victoria, with Honghing, 28 July 1856.

Sir,

1946

#

to your Despiertet.

In answer to

M: 514 of 6th May last, calling for further explanation in the subject of Ardinance N: 3 of 1856, I have the hover to inform you

that the 3

trere

Acts of Parliament applies to the Coolmy under this Broinance incre brought to my notice by M. / Bridges, then Acting Attorney General, and that it femed in pvery sory fitting

The Right Memorable

Henry Laboucher, M. (

De:

:

}

DEX

1

:

:

that their provisions thinned be at

adopted here.

Mice

regards the forum in which

As

this adoption

to

under.

adoption was made, I beg explosion theat it follows prevively. that of brolinance N. I of 18574, which no less them Mine Acts of Parliament were ado

adopted by Sitte

only, and suade applicable to the Colony of Homughing.

To the form of this broinause

No objection

made, and it

duly reveived the Royal Assent, as notified in Sir George Grey's Despartoli M. 59 of 14 February 1865. Ordinance. 8. 92 of 1856 in pearly

h Similar in form, save that au?

MULT

í

276

Abstract, and not merely the Title, of the Act of Parliament is given This bromance how received cm - formation by the lout moil.

The present Attorney General als

any objection to this

haw not seen any-

mode of enactment, or will be observed me

reference to brolinance

N: 5 of 1856, Submitted for apporral impery Despatch Nr. 45 of 25th

March last.

Under these circumstances then, and alos ensidering that put only pistaly

do the Ordinances work well in

this shape, bit the necessary deing, great labor, and teary expense of printing in fullt Notes of Parliament,

i

1

!

|

:

-

of which copies are already in the hands of those whom they actually Concerin, I trust I may repent my. Submission of the Brolinance- In question for Her Majesty's approval and confinuation n.

122

I have the honor to be, with the highest respect,

Sir,

Your most Obedient,

Hommble Servant,

Jour

3244

G 20

Govern sem Berming

Ba

Sir Jose

No122

MINUTE -

& RElliot JMerivale RIBall

Labouchere 2

1856 OCTR 120

w

207

Gute

Sir

21 text/5r

277

I have to acke

Yours

Despatch A 197

the 28th July

rexplainier

the

enfelammation hued the

which in

reasons for enacting to

Lejislative Council of 1.

Haps the Occhinance to 3

of

1856 in the

form

in enteich it was

Mr Mervale

It is clear

i-poll.

M

In

46 han

- similar form ha ? bun sanctions abeary. Confirm?

Ermemtired that former monames

Jtm 014

submitted,

for

Ib. Mis

ation

confirmate

I have laid the

Order befores

Nie

Queon

Кеше and teave

seceived to uk

DEX

1

7

:

!

|

غير

t

leammands to acquaint-

you

that Slee

has been poteased:

to

confirm and

allow the

same.

You

evill

carre

I M's decision to

be signified to the-

Jutechistants of Sany Kory by as Proclamation

+

to be published in

the usual avainer.

I have t

M: 193.

Financial.

1997 تمع

JJ 432

Copy & Treasiony enfh 20. Octobe

273

9200 Hong đóng

pvernment Offices, Victoria,

OUTI 1836

diz,

Kenghing, 20th July 1866.

719

28

I have the hours to achinsledge

me

Your Despatch N. 63 of 23. Mary "lowston, on the subject of Mr. Rotter application for a retiring pension. Denelove the certificate required

by the Inperammation._ Net, and as regards the satisfactory furformance of his duties by M. Trotter, I have mily- to say that Mr. Rotter's service wow antecedent to my

trow

administration

The Right Hommable

Henry Latmehere, M. P.

&c:

Dail

S...

NDI

t

İ

F

1

:

¡

!

:

279

of the Government.

110

I have is reason, however, to think that Mr. Trotter foiled in the

Sivcharge of his public Antics, howe

in to

g

to for or may

be gathered from Despatories from Carl Grey, MN 27 and 64, of 25th April and 16th. Betoter, 1848, and New7 from Sir George Balam, of 18th July - 1848, wherein report von called for and decision received on the subject of the refusal of M

Trotter to serve ad

Judge's "Clerk

when M. 6. M. Campitell temporarily appointed to the Bouch

of the Supreme Court.

οι

I trust I may be permitted, in justice to the public servants

Λή

лі

a

a bolony like Houghing, to remark the Incallness of the amountabait to be curvarded to a service of sunly

on

12

to yours, although, in this instance, the matter may

may be of less importance

to the individual, ou Mr Potter (ras, I molerstand, largely Ingaged

in

private speculations, and retirees witte "that render him couperatively

Ineaud I

independent of the Government pension,

I have the honor to be,

with them leighest respect,

dir

Your most bedient, Homnible Lervant,

John Kennel.

·

X...

DEXT

!

Mr. Meriale

Treasury

M

L. Fr

AB

Hm 013

0.15

11et.

Govenor dis Wohn Browning

28th July, 1856.

Victoria, Ang Kong,

t

The Dlight Hoida Benny Latouchere, t. 8.

Deceivei

1 Teloure

N 23.

Apšucation for a retirum Busion. Mean on the subject of 12 Frotten

Suplying to Deshated 163 of 2313

(Copy)

Particulars required by the Act of 4 75. M 3 4. C. 14 and the Guassiry Muiste, dated 27 June 1831, to be furnished in reference to each person recommended for a superannuation allowance.

Name of Applicant and Official station recommended for Femporary Alfomance or Superannuation.

George Augustus Trotter, Clarke to the Chief Justice of

Phong trong

Age..

Service in years and months

280

Note when

A

temporary allowance is intended the Applicant should draw a line

through the word "Superamuction" or vice versa.

12. Years and 14 days up to the 16" Jeburry 1856. hide, hole at the end of the 3' page)

Actual Salary, if 3 years have elapsed since last promotion, but if not then £300, Average Salary for the last 3 . years . )

To the according to old or new scale-i.e if appointed Bubsequent to or

or prior to

4th August

f 1829

1/5 Deduction

ner Annurn

"My Lords consider themselves wananked in ordinary cases be y aut ar allow aver "equal to about 45th of the sunn authorized by the Act, but they will consider it their "duty to award a lower rate in cases where the services of the frontics " circumstances had them to conside a less sun will be prope;

And

Lords

My L

" will grant an allowance Either at the highest amount, or a rate between 14/5 the

" And "the whole Amount authorized by the nit, according to the muits of each case

" Whenever they appear to entitle the party to inore than the ordinary allowance Extract from Tussury Minute dated 21 from 1531.

$

[xury: Overs

!

--Cause of Retirement [with annexed medical Certificate if from infirmity of mind or

body,

awd

under 657

as shown

Under 1.5. – Infirmity of body. by the Medical Certificate, dated New York, February 1856, forming inclosure in Mr. Secretary Labouchere's Despatch No 63 of 23th of May

25th of May 1856, to Governor Sir John. Bouring.

of

Dates of Commencement and Termination the Several appointments held by Applicant with then emolumvents, distinguishing Salary from other Allowances, and specifying such Allowances;

$

As 2nd flute in the Colonial Secretary's Office, from 16th August 1843, to 30th September 18459 with the salary of £270 for Ammun

Annen, without allowaves.

A Clute to the Chief justice from the Fockber 15415, le 16th February 1856, (the date of his resignation lendered to the Gecutary of State for the Colonies) with the Salary of £500. per annum, with residence free of rent in the Court Hause.

other public apportment, Public Monty by compensation, Halppay

Whether holding any

receiving any

or otherwise.

nice

as surrogate in the kee Admiralty tomt, receiving as such Artain Fees, the anrount of which did not exceed £4. a year.

humber of days

Absences during each of the last 10 years years in

Date of cessation of Duty:

16th Februar

1556. ( Date of his

usignation as above)

Date of Cervation of Salary

1 Vide date on which the Seculary of state sanctioned the superannuation) Date of frist Antribution to the

Superannuation Trend:

16th August 1843.

m

1844 3 Weeks 18432 1849 2 months

And 21 days 1850 1. Month

1853 1 Year 1852 10 days

5. Mints 1834410. days

th

dhir Causes

18551. Jear ending 18663 april 1866. Vide

Governor's Despatch $1952 of 134: April 1566,

Statement according

twe

more

281

according to the Superannuation Act, that the Applicant has discharged his duties with - diligence and fidelity, to the satisfaction of the thead, office or offices of his Department," to be signed by Any of such Hend Officers, if there shall be incre than one, or by such Head Offices, if there should be but one together with such a "statement as will exhibit the ment and value, and labour of the services of the Serson recommended, embracing as long a period of his public service as can be authentically ritated together with observations as to special services, Inspension, Reprimand, so with full particulas of any injinies received on duty "matters for consideration.

Hopy.)

or other claims

or

I have much pleasure in stating that dining the whole puind Me Trotter was with me as flute, he discharged his duties with the utmost diligence, fidelity,

ability

and I consider him "highly deserving of the full amount of Superannuation allowance, authorized by Act of Parliament :

Mote.

And

Hulme,

Sigman, John Walter Malini,

Chief Justice.

The The

Pure Copy

Colegial Secutary

• puried intervening between the 31 "h November 1847. And 16th june 1845 is emitted in Computation of Az Frollin's term of servic

the

Kide Governer Benham's Despatch 1.47 of 16th July 1545. And Earl Gray's Riply thereto, 11. 64. of 16th

october 1848.

:

!

Despatel No12317/850 -

Mielozan in

7

2.

1/24.

Commercial.

Lond B 4200 #hing

Я

Copy Add Bonton 17. Bet/ob

Offiche 4200

سعار

126 Tutoria

9209 trong trong 282

1836

Victona

}

Government office, Victorin,

Friew

Amy/tory, 295 Guy, 1850.

b

he reply to your duratel #61

of 155 May last, recrecting the chiu Võlliam and Martta” cufleth to a

penallt at Melboane for carrying an

i

ateu of facienpus, I love caused the Meecllary enquiries

tiná

سانه

flion.

#

bok make and

The William and Martin' Lift

this on the 2D Echuary 1855, and lows

Right Aonnable

Henry Labouchere, M. P.,

to

te.

to.

NDEX

CLAENA -

retiring Cension. Mr Frotters application for

Superannuation det conarių

Certificate required by the

ר1

|

283

provided with not ruly a Préckarana

from the Harbour Master's Office, but

a

a

7

Entifiente from the ringration officer.

de that date the Tonnage

restrictio was not enforced, we will be seen from the cuclized letter of the

spiece

Immigration of 20€ January 1855, th and the resty of the Colonial storetary,

therets.

The Proclamation to which duż Billier alluded in his letter was

sublished in the tiny hory boromment cazette of 31th December 1858, and

3/4 referred to the amendment of the Passengers Act 1855, wherein twelve - Instion of Fifteen superficial feet were allotted to each passenger,

No 2.

ند

C

a native of Asia, and it cooníá

Kat His regulation.

ciem

heid as

His regulation. had been

for to impercent the Consage

restriction but from the onte of the Elonial Meretary's very is lustifientia

of

the net was sanctioned._

I will be noted ales that lur

tist au

Äillier dictinetų stroves that

any

necessary, recanation allowed here wrnid not necessariú cany, with it am, weight at the port of aibarkation and this was donitten explained to the Inner of the "William and Martha" who would thus have

suffered the secul to proceed on his own risk and recronsibilit

The Chinese Presengers' Act

;

NDEX

i

i

!

M. Elle

sex 9126

has, as you are aware, dila surerceded the very inapplicate. Acts above justic, and is now strictio

cutreed here.

I have the hown to b

With the highest recreet,

Eir

Your hunt sedient

Humble servant

Bhubanes

Draft

Hil

einers) ich

13/10

1.

Copy.

iz,

In 9209/5 21

284

Amigation Price, Rong Now, 20th January, 1855..

If it is the pleasure of the Annurë ú Joaun Sieutenant Chaur

The

run that the

Runner det 4f 1950, chall & in quittre

F

1852

sufaced as far as practica

far as practicatá, aud

the

piccsem in regard to du hantia

of

perious to be carried in each remi acenting te ha regitud trauage, I have the bown to request instructions

houn

regarding chips that have been chartered on the surprition that this

{

The Ammatte

M. J. Marsen, Set,

to

leve

Va.

میاره های

te.

NDEX

285

I

would be allowed to clem out under

the modified rules by which

L/L

to the

AJ

present time I have been quided in panting Certificates - wiiel rules, He Lieutenant vreun is aware limited the unmbe to be carried by space alone, and art by towunge, aud clared in a slight deque the Foclamation of 3/4th December, 1953.

such

Meerull

I am informed that in come

ears couiderable love woich

to the charterers if the Neź were jstrictiu cuffieed; and though it is true that the provisional rules were Kursen to be of a temporary sharoten, liabie

at am time to be rescinded and not meccsarily carrying with them

any

+

weight at the port of debarkatio yet I think the Comtnant sresum

will

be

quu

with me that it wouih

l unjust and innolitic to qive this

sune

à

suric chingent enforcement of the het a utirakictive application; Kat the humigration Atien chouid be emrowerch to follow the former rules in reucet to Iued ships ne

lveví.

shartered under the bona fide

imarescion that cxletins requiations would just be abrogateń witkowć

due notice.

tren

Should The Lieutenant Exem

sauction the source which I'recommend),

Schail

weigh well the gust in cash

facts

DEX

particular instance, and allowe

1

}

0

Н

:

the

relaxation of the requirements of Imperisi fict unten it be clenty shown Ant undeserved love would be sustained by their strict enfreement.

I have, He..

(Signed) C. Dr. Hillier, Sinigration Offour

Shue Apy) Mannne

Konial Secretary

ļ

Copy.

432

C.

In9209/6

286

Colonial Secretary's Office,

Victoria, Houphory

23th January, 1855.

I have the hour to acknowícajz

your letter 13 of 20% Suctant reqesting the Pacunqas let 1852.

enger.

reply I am directed to convey

Younate

to you the Authority of the Amorace The Lieutenant borewin for

the

Applicatia of the modined rules which

you state yourself to have been recently abrative, is for

Honorable

P. B. Hillier, 9244,

Emigration Officer

الالات الانے کے

as Emecuj

!

DEX

!

J

!

!

:

reccels charteren previouch to this

rite.

ith

regard to all others a

recent desputed from the Secretary

:fitate bes not leave the Lieutenant

!

Trun

on at liberty to cauction

lot

recanation of the Superial det

regulating Emigration.

I have, &c.

(Signed) W. J. Mercer,

any

Colonial Lieretary.

Tame (opp)

Любитель Plonial Secretary.

M:125.

Financial.

گیر

"Reported on (9682) 27

Referred & Land Bo

Got736

Liz,

287

9210 Stong Kong Fremgement Affices, Victoria,

EVED

1836

Roughing, 29th July 1856.

I have the hover to forward

Return of Land Leave Tale at Public Auction on the Ground

ne on Monday the 21+ pietrant, from

which

you will purceive that an micreouse is made to the Rent Roll

And $4.590

L

of £ 155. 15, have been received into the Colonial Chest

Premium.

ay

At dispute has variven with

на

The Right Tominate

Koury Libouchere, M. F.,

Bey

Be:,

Xe:

DEX

ī

į

f

respect to me of the Lots, Marine Ne 106, which, from the accumulation of the soil, lies deaward of another Marie Lot, told many years args, and Mr. Harper, the nour This latter lot, as also the puroliover Lot (he Enclosure) N. 106, similarly- Situated with 105, laws protected = against the sale of ground Seaward of his Marine Lot.

The question if rendered me

of

willy, can

of difficulty,

can be fettled by

resumption of the old Marine

ssible to

Lot, for it is impossible

permit a great public impormement,

like that unv

-

perfected by the

Sale of these tir Marine Lotes

105 and 1060, to be tot onside in

288

the vorted by the opposition of the

individual.

I have the hover tok,

with the highest respect,

dir.

Your most Medient,

Hammble Servant,

Do Lu Berna

л

DEX

|

PH. West

Land Board - £. F.

3/60

Harper

Metrix, Ponflow,

Sun, 1953.

He Right Hrich Benry Labrucken (Mr.

Governor in John Bowning

Pucciard

1 hecture.

A/25.

cal on the 27 July, and

Anclosing Return of Land serve

resuarting

שיער

& ground purchased by

disputed Col

Mr

SIA JOUR

(Copy)

In 9210/50

289

Treturn of Land Leave Sale

of

at Public Auction

Ground, July, 1866.

Neof

ne of

Inland

5/1

hi

the

Monday the 21th

Purehaver.

Lenny Aurol.

512 Leong Awool

513 Rowland, J.C.

Marrine

105

Horamfen, G.

Annual Rent. Reminen.

£ s.d. Dollari.

8

15

35

8 15

40

$

15

80

62

10

215

77

$

52

10

221

1

244 10

4000

Itals.

155 15

4590.

106 Cheong Novno-

Duddell, Y.

Inland.

514

-

(Signed) Million Cooper,

Asting Surveyor General.

True Copy

Cotonal Secretary.

вст

07

DE

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:

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126.

Miscellaneous.

qui

Answered Zi 115 10 SI

Sir

as

9211 chong đóng

Con11

1836

290

Government offices, Victoria, Houghtong, 30th July, 1853.

I have the hown to apply to

you for information or instruction to the mode of dealing with distressed British Subjects, not Seamen, who appeal to this

Government for Assistance and

support.

Recently

an American Vessel

bound from Sydney to San Francius

The Right Honorable

Henry Labouchere, M. P.,

He.

He.

Ho

+

DEX

!

1

291

met with an accident in the

ид

neighbouring seas and was brought into this Port. The Bad

several Passengers of the rover class, who represented themselves

1

as British Subjects, and utterly

destitute

means

Prosecute their

either to

voyage

maintain themselves here.

The vessel was

damaged

the

and

gave up

the

boyage-

to

Master avowed his inability

help the passe

passengers

the Salvos

held prion claim on the Ship, which it was determined to sell and the United States' Consul

declared_ himself powerler to

obtain redress, or afford relief.

Under these circumstances

assistance has been given from

the Colonial Funds, and I am at

a

loss to Know how in this and similar cases to recover

recover the

Amount advanced.

In a Colony like Houghing

with a very large amount of Shipping recorting from all parts 4 the world to it's port, the

of

question is of moment, as the

burden way at times be heavy

Tre Merchant Shipping bet

1854 provides for Scamen in there Circumstances and charges their expenses on

the owners of

on

J

!

4

I

E

292

the Ship to be recovered in manner laid down, but for persons not Seamen no provision seems to be made.

Many other instances

besides the above recited

mny

be named, but I refer specially

to this

lue.

as

the one

recently before

Another Kindred point has also been brought to my notice, which concerns seamen who arrive here from Whampoa, representing

themselves

as

Deserters from a British Ship since sailed from China, and -claiming relief as distressed

M

British Subjects.

"bus doubt

I

presume that as such

of

fod that a man deserted, the Owner

the Ship is not liable, and that

The wa

dins

the man is to be considered

those whose

as

ense I have already

given. I have to receive your

instructions on the subject of

J

to me

this deepatch, which seems to to require carly settlements.

I have the honor to be, With the highest respect, Sir

1

Your most obedient Humble Pervant.

Who Bernal

DDX

!

:

!

M. Merivale

that

doubt the

It seems difficunt to avoid the conclusion= Kong must bear Free occasional charges. Ioh.

British Treasury Couse

sentory

We might house by to find out what is

practice at Singapore

situated to

other port's

340

15 Bet..

Joy

will

не просто

систратам

2

Cause

This

W. Elleit.

bih mas

inquiry

Hmm 1015

I earn that bills for

di's trapped Britis

cay gnin mp

the polically

sectio

the Verein

Wh

C

resist them to the Treasury, by whom they

discharged.

dise

r

seux this, the coppe, to the Tecaring

request to be informed

2

Treamery

to the

ace

293

wita

auriers

which it w. be proper to return to the Guera,

7

seguiry..

in tracker.

WH. 23 Oct?

I think that in Latta fosfondues

Jungent with

окай дра

the Temanny

like

Conduct of it

Me

K

tüm yo

lang than in the

2.

Fl23/10

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The drept Brith them Cabondline

Goverun in bohn Bowning

30% culy, 1856,

Retour Boop how

Suceived

6126.

retreened Mittel lubjets, not In the infieĉ of which to

Jenmen..

294

1

лим

creek

quiere

Evamente Maring Sin

1915

Motherby def 5. hvillest) M. Memiile ♪

Mi Labouchon 10

consideration. arthin

Te ar

10th Sipysy

With reference lizun взни

ень

desfutch N° 126 X-

of the 30 duty 1856

applying for instructions

он

the general embert of recovering expendition incessed by your Evenment for ther

Which of distreter British subjects, not Hamen, I annen

for your information

j

:

TE

295

and future gudance

a copy of a letter adclasped by duration of End Grey

to the hands (ammi))?

6.06-Pensy

31 May 1850

Jean 1850,

of the Therury, in the year lazing donne certain

pumuples in regard

to this eubject. The

stiled this letter

views of this

have been orice

a vari

acted are goin

2. improvements made,

In various pecasions,

both by the hand Concampion of the Ireneus Lby Colonial & Foreign Sovements

sasabak

but the data the practice has not been ciltogether miform, & you

Ihould understand

Aut

Marin

any

which for may

hav

:

:

[

296

back in eifer to

вой

Wich, vennt must

ег

u

considered when

he

ви

di

dr own meriti, upen fill consider.

рм

tim

informen

to be pommished at thin

time of the casualty._ #Jur should als

understand that

no pledge

Can

given to ajust

Mer Gevemement

be

from

I drewe in a

recent

instance the Treasury

the Imperial Treasury

in cases in which

defficently, may exist

in

determining the

dr. cintured the Main Katemality of the tims Covent for relief persons releived, or

suphined

mian suljcali,

of & Josian

whose nehonclit ?? the part of the Empire

the

not eventually oletermined. But this

aught not like a Mendent. //

с деть

Awhich, if British,

they should be held

tobeling. The can

mentimed in jour

derfulch of British Infrangers of

де

!

1

1

I

297

hover cleppe oblid

to be British, bound

(-)!

from hydney List

Franciscs, was

Neobably one of this

haraelin.

2. With respect any question, of

sintinfecting Homm eglating to recovery There- Recoviing

4/ relup

under the Merchant

I need only obrgive.

Sovement will

convider any buck

Mut

gestion the coure

to be laten in each

actual case, repen

information of the particulars.

I have

к

NDEX

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!

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To as late S

4

2 Ellis.

9211/8 Angkung

292

This is a reference prom

reference from the Gover

of Hong Kong on the general enbject

of which to shifroucked on thurine distriped toutest subjects, which I find I have not get disposed of.

on lod

looking back int the part

correspondemne

on

different cases of

Elich & reimbursement. I have

2

}

299

!

:

found the command lettin

from this office to Tremey . ( 21 May 1850-) pregunte appeiled to (and with the concurrence of the Trusury

of the Treasury) as conting

a

proper enfosition of the permiss

which should be acter when in them

and in point of fact it t bean they have hear acted when

Cases,

a.

some quit went Farious occasions, though both to

dre. imbusements made, _ both by

{

Eversary & foreign & Colmal Росији

Governments. But the practice has not been altogethin erinform..

a

ame

mem

dun

with the hellin

of mine

a

coperch

mine of 14 May 1850–

partly

when Which it was perthen freeund

The Bucks of Newerth in 1853

dent out a cofey of this letter to thir

Если

a

My dance Mauritius

-

in answer

similin afflication to this, LI

イー

wind suggest that the same should now

{

1

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:

14

be done botting. King, mentiming hover the absence of complete minefreitze im Sin Martice, & cantioning exfertig

arm

the Gwenn again

е

Teasury to bear the caf

in doubtful cases

It seems

hardly weepay warten

the Govern's somewhit idle gettin (a

A

strokes me

me/

an

thermi repreanting

Themselves the deserters eftir a shrif has sund

No Minim

of way

Can

of

Euch can

of

сы

can be formed arthout all the for

dust-dishatch for concedenten

6 dission of the question pt teh 5. I collected a gecontity of pepers

Ori

ву

Imme ven

but conti cst keep them together,

wanted for other business is the 57

!

Colonial Shipwrecks .

Mr. Merivale

300

I have found consider

have

=able difficulty and been very successful in -taining what you

_

е мал

aseer =

desired

to Know _ the practice of tho civilized nations of Europe including providing relief for Shipwrecked Seamen and subjecte. I

T

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алаш

as to

|

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Saw Deveral Gentlemen at

бала

the Foreign Office but was informed by all that they

have

DEX

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I

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1

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301

have

information there

as to the practice of Foreign

Governments and instructions giane to their Consult and

Agents.

our

1

The instructions to

own Consuls and Agents

I was promised to read,

they have not been

but as

Sent to

of

are

rrre

perhaps for count

want

Official letter asking only state

for chine, - I can generally that they

are auth

antharing

I believe under several

different Acts of Parliament to relieve

and send to their destination Shipwrecked Deamen of "British Teasels" and Shipwrecked

ar

}

ar

distressed "British Subjects

( the authority to relieve

distressed subjects is

given

by 60 Geo : 4 = Cap 87) the latter

at the same rate as

as possides

as

far

as the farmer :-

ан

the

drawing I believe Lords of the Aduciratty for the amount of relief given

to Deamen, - and

arr

the

Lords of the Treasury for

chat given to subjects not

Seanien.

Colonial Yessels

and Colonial Sub

are

I believe entitled to relief- under the acts and Instruction,

I gather that our cousné

and

302

+

:

I

!

j

:

have

no auth

authoring

ers, – not seamen

and Agents to relieve foreigners,- of British Vessels - though wrecked in such Vessels, and

cohere

granting

vered relief

would either have to pay

sta:

Ar

to

recover

et direct, ive without

лил

any

Government.

interocution of - from the individuals relieved

the Goverment of the Country to which those

individuals were

NBub

AZ

subjects.

these points my

contradicty.

information

was contradien

I was also told by the Gentlemen I saw

at the

Foriegn

Farcign Office that relief given to Shipwrecked foreigners by British Authorities in this Country

be

deemed

ar abroad would

Charity which:

the relieving party would

not claim to recover,

and

they in the Consular Departurent

were unable to recollect:

of the Foreign Office, any instance of such

to recover

relief car

ever

a daim

having

been made: nor could

Mr Conynghan the Chief cluck,

Clerk

some

2101/1880 Bermuda which probably passed through

ocher Department of the thing

Offer

j

- "י י.

303

1

Effice) sheas that in one

j

of the eases

Grey

!

rrrr

before Lord

a elaine to recover relief has been made

1

прои

the Prussian diinister, and

has been at once admitted

and paid.

For want of the Consular Instructions I have been unable to discover the acts of Parliament concerned. Crabbi's index gives clue.

л

thard

-But although I am competes

to leave obscure the law

and practice of civilized : Europe including ourselves_

arr

аре

this subject of Shipuared,

can be

I presume there can

ма

propricky

doubt of the of establishing the rule

as

suggested by Lord Grey, that Colonial Governments should pay for the relief of Colonial ressels and Colonial subjects,

7

- and the Gronment of the lnited Kingdom for chat of Teasels and subjects belonging to the United Kingdone; - and

that the local and

Imperial

Governments should mutually,

recover relief advanced ou this principle.

on

There are I subsidiary

[

I

points

I

304

t

paints, upon

more

1.

doubt.

which I have

As to forciquers, _ other

than Seamen of British

tersels, - should the local

Goverment be thrown

it's

are

more responsibility, when

recovering relief:

Consuls

as

аш

our brou

appear to be: ar should the Imperial Gosens :ment, and its agents undertake the dirty of applying to the foreign Governments,

as

лас

have just

now done

in the case of Bermuda?

Mr

ел

tells me

that

alecyer

when he was Assistant

agent for the Sonian bland, -the Sonian Government directed him to

apply too

the British Government in

arder to recover

frome Hanoon

certain relief granted

to

а

Shipwrecked Hanoverian in the Islands, but the decretay of State declined to interfere and referred the Sonian Agent direct to the Hanvoerin Government.

2. Is it ne ев

#

necessary

to

Fessels - and

define Colonial pasels_ " Colonial Subjects = " to fix any duration of domicile which

should constitute the latter. ?

agent

مون

E

DEX

:

i

:

305

1

eleight not some such

3. deight

legal provisions

da

for themselves;

as those in

insure the

passage money, expense of passage

slightly enhanced,

Section 34 of the passengers

Det 12 & 13 Vict : Cap 33 (anneaed for

reference / be extended

with advantage to all British

ваше tessels, home or Colonial,

and all classes of passengers.

If tho Consul or

Прево

other

relicoing authority could

recover

from the Qcover in

ver from

case of Shipwreck

a certain

mode ate amount of relief, _ -the effect would be that

the

owner would do for the whole of the passengers

what individual passengers.

The

would be

and the Government could

Re

as

pretty

the

secure

owner in

against loss,

general

would be easely found

and

a

person

of substance,

ar

by

Provisions of this kind nigh eicher be enacted by different Colonial Legislatures 24 of Parliament, giving power for its own to those legislatures .. Relief ould of course be refused to the teasels of any Colony

repeal

мних

DEX

5

T

which should rease

make

to

provision for repay-

ment; as was

lately done Дианой

in the case of the "Cleanor

of @ter. South wales.

I have mincited the

вари

Doroning Serest

A

31th ellay, 1850.

306

different letters

Dir

to be

мага

with reference to your

disposed of with

founded

ar

suggestions

the above reccos

4th Inst

See accordingly. 3184-3172

and 3740 (ale Bermuda)

and 3223 and 3340 Mauritius.

14th cleay

arr

1) M.S.

In some

1850

further information

the subject

3853/50 Honduras.

see minute on

;

;

letters of the 19th Uttima and

resgreeting

the relief

:

1

recently granted by the Governor of Bermuda, to-

Certain British Subjects and others

wrecked in that

chat Colong

in the American Barque

I am directe

"clearietta" I am

Ser, P.C. neodyn.

1

му

DEX

¡

K

I

307

by Barl Grey to forward for the information of the Lords Commissioners of Hber cleajesty's Treasury, a further Despatets

Дера from Governor Elliot, t. 26, dated 21 March last,

cove

covering statements of the particulars

of the BBills drawn

their Lordships.

upon

2. Su

doing

so. I

rrrr

to state

to

chat

you

in Lord Grey's opinion it will be impossible that the charge of relieving Shipareated British subjects belong the United Kingdow be chrome in the present

to

dow should

Rase

ar

Case, or

other

indeed in any

upon the Colony affording

the relief,

ar

should be

provided for othercaise than from the Funds of the United Kingdom itself. The Consuls of Great Britain are

empowered to relieve at the cxpense of Great Britain. Bilish Subjects wrecked in foreign countries, other Civils =iyed Governments

as Lord Ey is informed observe Sivcilar practice : the elimister ( ) Prussia has certainly repaid without hesitation the relief scantist in the present

а

1

instance

DEX

}

1

ļ

303

instance to a Prussian

Subject; and it

Lord Oney that

manner

ard too

appears

like

eve

the Governors of

1 British Colonies, in which

there are

rra

Agents of the British Government capable of granting relief, should de understood when performing and Office for British good

be

chis

to da do at

Subjects to do

do at the

expense of this Country; incept in the ease of Colonial Subjects when the

Colony

concerned would be

properly called

Иран

to

defray the charge. _ This sale

of

of requiring Palanies to pay for the relief of Colonial

Subjects was

to Lord Gney

recommended

in your

letter of the 20 lttimo. Ford Spey considers that it would

be wholly inconsistent. in the Government of this

Country, while da

is

ite

daimin

done in that letter,

ес

repayment of relief rranted to Colonical subjects 2.4 agents of the United Kingdone, to refuse to

pay out of the funds of the United Kingdom relief grants Colonies to subjects belize,

by

E

NDEX

!

i

טהרה

-

300

:

to the United Kingdom. The effect of any attempt

to throw

Bermuda

ar

the Colony of

upon any

ocher Colony, or any foreign

State, the

-ing

expense of reticon Shipwrecked British

мень

Subjects would be to preaut relief beary afforded to their

at all.

3 . Lord Grey is therefore Strongly of opinion that so

far

as

the

present relief

whether in the passages

provided,

incurred

ar

Uzr

ро

the expences

the sprat,

has been afforded to British

Subjects

m

Subjects belonging to the United Kingdom, the charge

hould be borne

by

the

Funds of this Country. Lord Drey coas

would propose

that Estonial Governments affording relief to the subjek

of ather Colonial Governments ar of farcign

States should

be understood to do sa

their

bub

any

may

responsibility,

demands which

upon

thus arise

farcign Goverments should

be communicated to this

Office in order that the

Secretary of State for the

Foreign

-

1

DDX

I

į

:

Foreign Department may be requested to take the

mussary steps for bringing

such claims under the consideration of the Governments of the Countries concerned

4. Lord Grey

could

sos

with the above observations

to be understood, as

applying

to the Shipwrecked Orecas

of British Teasels

casualties analog Shipwreck

ad

and to

and to

cade as to

Shipwrecked British Subjects,

I am

ان

На

(Sc) H. elecrivale.

T

F

>

8:127

Miscellaneous.

F

ل له

Lanud B for obs Report 10000.

Ansivered. 131. - 17. Noe Lob.

Copyte

diz,

9212. trong cùng

1837/6

nent Offices,

Pict

310

Fictori

cloria,

Hongkong, 31 # July 1856.

hour

I have the lover to for and

an application from Mr. Fletoler, head heon of the Firm of Fletelur 46.

r

+

of this place, requesting permission to fill in and recupy beyond the

boundaries of his Marine Lot.

Mr. Fletcher's property is in the

centre of that recupied by the thin Department, and is not conectes. with that part of the fear port

The Right Mommable

Hury Labmchers, M. 6.,

4.

2

/..

DEX

÷

:

די

----

-

ous

Pragan

Victoria, along which it hurd been proposed to form the Fro

reported, in my Despartelual": 14 of 12th January, 25 of 6 February, 74 of 5th May, and 15 of 165 June

1856.

23

113.

113

#

andwer

The Colonial Secretary's an (encloved) to Mr. Actelier, is founded on the difficulty. I have in dealing with questions of this kind until the pleasure of Hover Moyparty' s Government be humon on the general subject, of land reclaimed and huld wittionl leaves beyond

Marine Lit bandaries.

of

The fettlement of the conditions

temure of land, whether created.

N° 2.

ī

7

311

by natural defirvits on otterivice, "beyond the leased limits of think Pots, how uno benne a question

has become

100

which should be set out rest

without delay.

The Report of the Praya Commission distinctly lays

it

down that such ground is the sole and entire property of the bemon, to be dispersed of as the brown, may direct, but I should be glad to have Some equitable rule proposed for the future guidance of this Government in questional of the Kind.

have

DEX

:

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Mr. Ellist

Land Board.

*ட்

I have the honor to be,

الجودة

with the highest respect;

Sir,

Your most Obedient, Humble Servant

ний

Jchu Berurt

ان

For 9212 & Hay Hay.

Let: Bad: 10080

312

N°1311

E

ITE/2 NOV

1/8

BRONION VREsrivate V. J. Brill

دیم

*Secatubauchere

114

14

15

-156

Shere to acknowledge the

receipt of your

youn Despatch July

£ 177. of the 30th of Ju

incloring copies of a

Corespondence with den Fletcher, a mecliant of Victoria

on the subject of

his appluation to be allowed

to extend his Maine lott

to the desere

Reverting you expups to have some équitable cule laid clevere for the guidance of your Hade in questions of this Nature, Share to Brewe

ние

that the general principles to be maintained in dealing with

་། ་

$

1

1:

1

Į

these Marine lots are,

Sconvive, suffrumethy

Obvious. Theh all Land

the

Reclaimed beyond limits of the lots belongs

to the Covere admits, I belive, of 200 doubt, lich

Whether the reclai

should

be

of such lower the encouraged

on prevented march defend

repon local circumstances

which can be known only

on the spon de

to there on

some cases the extention

le

of the Marine 1h may a gubic benefit, and it

Me ay

be aight to quersue

de

and to

bey

liberal Giding,

require no more reach than

Max Serve as ou

a apertion.

of the Cerer's right.

other cases such au

ам

extension may ingine

Yosh co

winterfere with

other Jublic or printe

Property in such a

he

313

lle

Manner as to require a

assistance.

Eigerens Jamnich ausre

that wit

is in my power to five

you ans more prense Anshucheus

ne

Thit

subject than to gende

youself of the special liveumstances of each

taking case one

care cult Case, thing

Елин

to combat the sight of

the trovere to contest seech extenseans it

that

|

1

DEZ

(lopy.)

fully apertiol_

Shee

Sir,

In 19212/56

314

Konyhong, 19 July 16856.

д

I have the lower to request

that you will other in for me Fisi Excellency the Governor's foruction to the filling in of a distance of 260 feet sin front of Marine Lote Nr 21 and 21; and hurt that the high

M

will

rents paid for these tios lote be deemed sufficient came for leier Excellency to grant his permission

The Honorable

"I have, Ben,

для

(Signed) Angus Fletcher.

Jane Copy Mamma

Colonial decretory.

The Colonial Secretorn.

beritay.

Bain

Sei

1

6

}

1

I

!

No.545.

i

(Copy)

dir,

In9212/51

315

belmuel Secretary's Affien, Victoria, Koughing,

31th July 185/6.

I have the hover to ackundleche

your letter of 19th instant, to colrich How Exelleney the Governor hav given due consideration.

The question of the disposal of bimon property, reclaimed on "moreclaimed, simpront of the Marine Lots, is at present before Her Majesty's Government, and

mutil a decision be arrived at,

His Topwelle nay. The Governor regreto his mobility to somation the towers Anguas Flets hur, Esquire Witcher,

EX

і

F

}

AT

!

ofany

If any land (at least within the

units of Victoria) by any

вочны

Tenant beyond that specified in the Clause of his Leave, which defines the dimensions of his Lot. Heir Ex sellency, however, hopem thout before long some equitable adjustment may be arrounged, and be with not fail to make the Home Goremment acquainted wit your application uno under acknowledgment.

}

I howe, Her,

with

(Signed) #. J. Mercer,

True Copy вору

Colonicil Seretary.

Mumt

Colonial Secretary

рий

Secretary.

.

316

INDEX

INDEX

Hong Jong

/S 56.

Vol 4

July.

Gorr Sir I Bearing

317

3 Inly 104 Acknowledges Despatches.

July

4 805 Ordinance 11/56 Lighting

Victoria with Gas. Submits for Confirmation

ко

108 Ordinance 12. 156. Chinese

Burials submits for

Confirmation. and explains

the great need which existed for such an Ordinance.

5 107 Suppression of Piracy. Septies

to suggestions of Mr Bridges, and encloses opinion of Attorney General.

108 Colonial Surgeons Applicatio

for mcrease of Pay. Enclous from on Dempster, at his request

fog Adjudication of

the this " Levant"

Reporti

:

:

XA...

L

!

0.3

1856

Cont &

3 July 109

5 110

GooTM Bowring

313

Reports that the Indge has Condemned the ship to a Fine of £100

dred

Corte

10 Mr Selby's Death - Encloses Colonial surgeons Certificate thewing that this Gentlemans death was

Tremens.

Caused by Delirium

Ordinance 13/56. Admision of Candidates to Supreme Court Roll. heb mitt for approval - with Correspondence thereon.

12 Conduct of Mr Keenan

American Consul. Reports the recurrence of this Gentlemany denial of the jurisdiction of Colonial Courts over offences Committed on board American Ships in the Harbours

8 115 Adjudication of the "levant Reports the final settlement of the case.

"

114 Mrr Mitchells Trial for

Misdemeanor. Encloses

Proceedings. Thewing

the

!

i.

1

י

:

=

A - ---

1

:

---

:

..

TH

L,

+

1856

Cont 8. July 114

9

115

GooTM Bouring

3

319

the acquittal of Mr Mitchell Ordinance 10/45_ Forwards

Copy of Earl Grey's Despatch disallowing this Ordinance

14 June Conte Legality of Commision to

execute Mr Hulmes duties during his absence – Encloses Minute of Col. Secretary, weggesting

means of setting aside any doubt as to the question.

a

Schedule of Despatcher via

Mariceller.

19 July 118 Import Duties of Articles

T

on

imported in Honolulu by Phipps from Hong Kong. Calls allention

to a decision

of

of the hipreme Court o Honolulu. which seriously Compromises the interests đồng tương

1 New Magistracy - Euctors

Report and Estimate for the Building

18 Ordinance 13/56. Admission

of Attorneys. Forwardi

Petition

**

I

**

t

H

1856

Cont

19 July 118

..

.

Gov Bowrings 320

Petition against this

4

Ordinance from the Flong Kong Law Society.

22 119 Practice of Supreme Court.

W

by

Encloses correspondence on the subject originated nor Anstey - who points out the necessity for several changes

Be

20 Difference with Mr. Keenan American Consul. Submits

}

further

Correspondence on

the subject.

Schedule of Despatches via

Marseilles.

26 121 Coolie Emigration from

China. Concurs in views. of Sir C. Bonham. expressed in his letter to Mr Merivale as to désirableness of such an Emigration

28 122 Ordinance 3/56 Explains

reasons for paping this Ordinance

in

י

Form.

an abridged

Mrr Trotter

:

J

i

-

|

Gov Bowring 1321-

END

5 July 123 Mrr Trotters Application

for Pension. Euctoris usual Artificates, and remarks on

the mall and

about to be awarded.

29 24 Penalty inflicted

on the "William & Martha" at Melbourne - Explains the cir-

30

- cumstances under which this Vopsel was allowed to leave Loong Kong.

125 Land Lease Sale on 21th July

Encloses Rettern of.

128 Relief to distressed British

127

Subjects, not seamen. Requests instructions as to

grant of.

Mr Fletchers Application for

permission to fill in, and

occupy beyond Boundaries of his Marine Lut. Euctores Requests instructions for his guidance in this, and

similar Cases.

}

I

de

!

1

J


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