·
}
E
M
が
Co.129
19/57
!
1
+
CO.129/57
-
COPYRIGHT PHOTOGRAPH NOT TO BE REPRODUCED PHOTOGRAPHICALLY WITH- OUT PERMISSION OF THE PUBLIC RECORD OFFICE, LONDON
PUBLIC RECORD OFFICE
Reference:-
5
6
1 2 3
1
..
E
:
Col
2.1
:
Hong Kongs
18
Vol: 4
du
Zovern de J. Bowning
A lout 127 to 104 104
1
r
تم
3
1
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
}
s..
!
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
!
יחוח
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
다
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
!
!
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
F
:
:
8
}
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
凡
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
丝
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.
の
Hi admett
Lam
ver
Sep
:
{
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
ибо
прароди
the passage marked
7,8,0
zay 9
mli sept
+
!
20
:
www
J
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,
ぶ
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
L
!
¡
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
tö
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
ク
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
ᅡ
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
८
هران
Sefer.
の
With the highest respect,
iz
Your Must obedient "Humble Servant
و رہا ہوں
私
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
ル
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
し
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
스
な
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
เ
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
ป
"(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
た
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
心
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
!!
ป
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
こ
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
王
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!
ก
❤
•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.
เ
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.
る
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
६
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.
の
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.
に
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
.އ
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
น
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
다
+
!
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
८
÷
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
IF
}
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
!
:
}
1
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.
ノ
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.
+
į
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..
+
}
соку у
Lerd Gregs
Pet by softer mathing
Mr. Be
the Entry
Puttry
札
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
A
ނ
#
#
#
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
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
辨
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
小
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
メ
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
申
.!
:
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
プ
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
ん
the
the
2
le disposition
whos
posit
Lov
in satisfeiert
4 sanction Putin works Likely
ん
1. Cummit, for thirt
に
Mann bin (chez
with gield the requint
– ich some of Character Juse from
extremely enterassing miding for heren
the
人
ན་པོ།
7
L
<
Enterprising
2
My Home Fort, Арти
action.
sume of Fland
77
!
į
: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
妆
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
ว
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
ન
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
น
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
:
!
!
|
!
:
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
-
E
I
$
L
!
A
173
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
!
:
:
:
i
I
!
:
¦
!
!
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
:
}
:
of ablaming
4
by Law to give
wher
undivided
!
:
I
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
!
:.
!
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..
?
F
:
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
:
I
J
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.
:
:
:
No 118 of /856.
Inclosure in Despatch
E
!
!
9:119.
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.
}
-
ᅡ
A mold p
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
}
i
(leopy.)
Ji
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.
ビ
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
必
" 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.
ட
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
:
}
!
!
1
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
아
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
I
i
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
E
!
*
TT
---
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
:
:
3
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
t
1
L
I
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
เ
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:
ட
7
:
1
!
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
は
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
袋
#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
༢
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_
ケ
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
:
:
!
:
¡
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
ว
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
ட
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
け
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
す
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
ગ
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
ཞ
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
เ
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
ព
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
宇
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
ᅲ
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
ई
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
発
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
!
i
1
†
F
!
----
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
=
j
1
¡
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
多
Mr. Miman before the case was
Jone into .
I have de
(. Signe / G. ferper Turner)
True
Copy.
Costmal Short any
น
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
1
}
:
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:
!
!
}}
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
i
}
}
AIT
:
!
F
!
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
ᅡ
!
:
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
j
F
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
¦
J
|
į
#
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
..
!
i
!
i
:
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
鼎
#
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,
ட
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
EĮ
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
ட
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
怂
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:
:
ሓ
}
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
圭
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
เ
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
み
Monday the 21th
Purehaver.
Lenny Aurol.
512 Leong Awool
513 Rowland, J.C.
Marrine
105
庞
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
¦
:
Ch
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
DEX
!
F
{
!
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
다
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
T
-1T
!
www
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
I
!
F
:
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
J
!
aur
алаш
as to
|
}
Saw Deveral Gentlemen at
бала
the Foreign Office but was informed by all that they
have
DEX
į
+
I
!
t
1
¡
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
[
鲁
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
ひ
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
:
|
i
!
|
:
:
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
人
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
!
શ
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
料
!
1
J