THE FRIEND OF CHINA AND HONGKONG GAZETTE.
the consequences of which cannot now he conjectured. See ing which, I Interfered, and desired Mr. Sullivan to take the men out of the vessel, as I could not with safety allow them to be punished on boant. The Sprang and one man was then got into Mr. Sallivan's boat then sent for Capt. Davis, who shortly came and seeing the Syrang and one man sitting in the boat, be immefinitely entered them on board again. Captain Davis when on board asked Mr. Sullivan what right he had to take men out of his Ship without previously letting him known the same. Several words passed between them when Mr. Sallivan went away with threats and that he should hear more to
(Signed) GEORGE B BROWN, Mate, GREGORY DE SANTO, Gunner.
Witness,
morrow.
August 6, 1845. Fengal-Serang or Boatswain of the "Fanny Consell" fined 10 Dollars for striking Apah a Chinese boatman.
Olib searaan of the "Tanny Connell" fined 6 Dollars for ill using Apah a Chinese boatman.
James Jeremiah Davis master of the Fanny Connell" fined 25 Dollars for ordering the release of two men the Serang and the seamen Olib after Mr Vice Consal Sullivan had taken them prisoners for striking the Chinesa Apal"
The three several parties were convicted on their
own admissions.
(Signed) GT. LAY A true copy
Consul Charles Winchester.
Mr. Sullivan ia o Magistrate and can direct the apprehension of any British subject without the formality of a written process or warrant,
trial before the Magistrates of Hongkong, it was offered as an apology for the illegal judgment passed upon a citizen by the sitting Magistrate, that His Honour being by profession a Soldier and a man of war from his youth upwards, adjudicated according to military law! It cannot he said, how ever, that Me. Lay fell back upon his former call ing for a precedent in adjudging the Commander of the Fanny Connell to pay three fines for one offence we think it would puzzle the most erudite scriptural scholar to find any text for such a proce dure. The Reverend Gentleman since his elera- tion from the pulpit to the bench, possibly finds it
P. M. Captain received a Summons from Mr. Sullivan necessary in a great measure to forget the precepts to appear at the Consulate office, Koolangsco, at 11 he once taught the beautiful doctrines of the Chris-o'clock to-morrow forenoon, with the Syrang and other
men who was in the boat. tinn religion may not assimilate with the instructions H. M. Consuls receive for their guidance, in their
... Wednesday 6th August -Fresh breeze from the South- dealings with H M unfortunate subjects who ap Received 40 tons stone ballast. Bent all sails. Sent tog east and fine weather. Finished discharging the cargo. pear before the Consular courts. It may be that gallant masts and yards aloft. Got the long boat in, and from Mr. vice Consul Sullivan's having had the prepared for sea. A. M. I received a summons from Mr. | No. 32,
British Consulate, honour to hold a warrant on board H. M. fleetwa Sullivan to attend at the Consalate at 11 o'clock, to ans-
Amoy, 6th August, 1845, are uncertain whether it was not a commissioner such questions as might be put to me. At il a. m. Captain Davis, myself, the Syrang and three men arrived that justice is meted out according to the articles of at the Consulate, wherein Messrs. Lay, Sullivan and SIR-After having received your letter of yes. war, and therefore what appears to us harsh and Gingan were sitting. When before them, Captain Davis tarday and listened attentively to all you had to tyrannical, may, in the estimation of Consul and Vice, was accused of grossly insulting Mr. Sullivan on ostale in your defence this morning, I am decidedly which accusations Capt. Davis strongly denied any recol be lenient and merciful If our hypothesis is cor- lection of. The insulting words Mr. Sullivan said Capt of opinion that you were wrong in ordering the rect, some of our respectable ship-masters who have Davis made use of was: dama Mr. Sullivan," words, two men out of the Boat whom Mr. Sullivan had been pulled up "before this petty tribunal, may declared I never heard Captain Davis utter, although I taken prisoners with a view of having the case in congratulate themselves in having escaped the yard was much nearer to him than either Mr Sullivan or Gin arm, or the cat, which it would appear Mr. vice is question if it was possible for Mr Sullivan to hear estigued before me
distinctly what Capt. Davis said when he first came along Consul Sullivan considers still under his control, side. The time Mr Sullivan said the insult was given, with full power to inflict it upon the person of an they were far apart. Messrs Sullivan and Gingan was on officer of a merchant ship. To plain bumble citizens, the Gangway We had very little cargo in, therefore the the quarter deck, while Capt. Davis was in the boat at
If you were of opinion Mr. Sullivan had exceed. like ourselves, who have an utter abhorrence of mi- vessel's deck was high above water, which increased the ed his powers by taking two men out of your ship litary law, a residence at the Consular ports must distance between them. When Capt. Davis got on board without your leave, your appeal lay to me, and if be in the highest degree unpleasant.
a few high words passed between him and Mr Sollivon. Captain Davis accused Mr Sullivan with disturbing the you had then been dissatisfied, with my decision, to Her Majesty's Chief Superintendent of Trade. * peace and good order of his ship, stopping the work to dog the Syrang and other lascars his boatmen pointed out The Rescue of prisoners has been always deemed to him, without any investigation into the cause of the as a serious offence in the eye of the law, and I feel sault on his Boatman Mr. Sullivan 1 said used many I should not be doing my duty, did I allow an act threats, and said he would let Capt Davis see that H.B.M. Vice Consul was not to be obstructed in the execution of this sort to pass without notice, I therefore Ris prey iviz, flogging all hands, myself included, without direct you to pay a fine twenty five dollars (925) to allowing us to say one word in our own defence, provided the Queen, his Chinaman pointed to any of us] Captain Davis during
The doctrine held by some, I am told, and so his examinations acknowledged he ordered the men out of the Boat, but did not recollect using any abusive or in strongly insisted on by yourself, cannot be sound, sulting language to Mr Sullivan. The Spring and three to wit: that your ship is your Castle, and conse. lascars [Malays] and the China Boatman was them exquently no man serving in that ship can be taken amined. The Chinaman was told to point out the men as the one who struck him on boara and Oreef fascar as this would defeat the very ends of Justice, in as- who struck and til used him. The Syrang was pointed to out and punished without your concurrence; for the one who ill used him in the boat. Yesterday another much as it its execution would no longer remain in man was selected with the Syrang to be flogged by Mr the hands of a Consul or Magistrate bat be sus- Sullivan, Caffree Boatswain (a Doctor was in attendance pended on the will of the ship master who been very obedient to their own Officers, never until now have his reasons for stopping it by refusing that if out Malay crew had allowed him. They have always
might have they shewn any disposition to be refractory. The concurrence, Syrang was asked why he struck men belonging to the Gangway the instant a bale of goods was about being Consulate. He said seeing a Chinaman come in the swang from the hatchway out over the side, be called to him to get out of the way, but the Chinaman not under standing or heeding him, be laid hold of the Chinaman the bale that was then swinging over the vessels side. Mr. and pushed him aside to prevent hun from being hurt bý sullivan says he saw the Syrang strike raEIR man as he was coming up the opposite side. The Syrang denied it. Dreef stated Capt. Davis came on shore and sent him and. two or three other loscars in a China boat to go on board way, the Chinaman asked them for money, but they have to breakfast, and after they got some distance on their ing none to give him, the China man was about taking them back to the shore. They then look the Dars from him, and brought thebat themselves to the vessel.. ⠀⠀
[Signed]
GEORGE B. BROWN, Mate,
The merits of the case in which Captain Davis was fined are very easily discerned; and we are inclined to think that the first fine of $25, for order ing the men out of the boat, was proper enough, provided Mr. vice Consul Sullivan had not previous ly attempted to flog them on board. There is no doubt that such an attempt was made, and we must therefore make allowance for the excited feelings of Ciptain Davis, on hearing that such an outrage was attempted on beard his ship. Probably he did insult Mr. vice Consul Sullivan-threaten to kick him over the side-knock him down-horse whip him, or make use of some other of these expresions, which would come most readily to the tongue of a choleric Welchman-nay he may even have damned the official's eyes, a favorite expression, we are told. among seafaring peo- ple. If we admit this for the sake of argument though it is a mere supposition--what then? Simply this, Mr vice Consul Sullivan has perpetrat ed an outrage on board of Captain Davis's ship, which has so excited Captain Davis, that not have ing the fear of the Consul and the law before him, he uses language which in calmer inoment here grets. In judging this case, Mr. Lay should have taken the provocation with the offence. If an in dignity was cast upon the Consular office, it was entirely owing to the vice Consul's indiscretion; he ought to bear in remembrance that people, who do not hold official appointments, have still notions of right and wrong, which they will not allow any man to trespass upon with impunity.
The Consular cort at Amoy appears to be a court of honour as well as of law! This is a no-
of
Thursday 7th Angust.-High south east winds and fine velty, we believe, in the history of judicial proceedings, weather, vessel all ready for sea, waiting the Consul's plea though quite characteristic of China. Captain | Aure. At 19 m. the ship's agent went to the Consulate in Davis, in addition to his fine, was sentenced to *ke Koalangos and applid for the papers. He was handed a lot fer on service No. 32 addressed to Capt. Davis, and was told an apology to Mr. vice Consul Sullivan!!
We when Capt. Davis complied with the contents of it he would have heard of a good many queer sentences before then got his papers, and might proceed to sea. The fine in the police and other Magistrates, but a sentence to make letter was #23 levied on Capt. Davis, fer rescuing the Syrang an apology, is something new. We were under and one man ont of Mr. Sullivan's boat, also an apology to the impression that a man's feelings, in all that af. be made to that gentleman by Capt. Davis, No comment fects his honour, is beyond the control of any court said the Syrang committed on Mr. Sullivan's boat-man, was made in the above letter on the alledged assault they --and we think so still. A Judge may award fines, neither was here any one levied, or punishment awarded, imprisonment, and, in Ching, even stripes (though but doubted if it was right to inflict corporal punishment on they are mistakon in supposing that they can legally our Syrang, but I, the Commanding Officer, was told by Mr. award the latter) but an apology is beyond their corporal punishment on me if I committed myself in the Sullivan in the presence of Mr. Lay that He could inflict control-like our thoughts, it is free from all Judicial same alledged way, and that I was under the same laws as the tyranny or quackery Captain Davis refused to lascare. The fine $25 was then sent to the Consulate in apologise and he was fined $25 which he paid; his Koolangs o, which sum Mr. Sullivan said was not enough Agent applied for papers, and he was again tinedle wanted 16 more and Capt Davis' presence was re $25-all this for contempt of court in refusing to quite in Koolangsoo to declare to his manifest of goods shipped in Hongkong for Bydney A fragment of paper apologise to Mr. vice Consul Sullivan !!!
was then given to be taken to Captains Davis wherein the Spring was fined &:0 for striking Apab a Chinese bouman, and Oreof, Seaman, 6 for ill using the same mitted fragment went to the Consulate in Koolongano, and Chinese. Captain Davis after receiving the above ad- declas d to his antifast, and paid the tines for the Syrang and lascar, came on board again, and write a letter to the
We have said this is only one of several cases which have been brought before our notice An exposure of them is a disagreeable, and it may be, a thankless duty, but it is a duty, and one from which we will not shirk Shipmasters, of all other classes, have the least chance of obtaining redress by an appeal to the Supreme Court. They are compel led, unless they sacrifice their employment, to keep constantly moving from one country to another, and
Consul as under.
G. F. LAV, Estr
H. B. M. Consol
Amoy, 7th August, 1815.
The Abusive language which you used in the hearing of Mr. Sullivan and Mr. Gingell calls for Lemark not only as being, exceedingly improper and insulting bust as tending to teach your crew that a public officer might be treated with im punity, and that as for British law and British au- thority they could not touch them so long as they had you for their protector.
You and your chief officer have strongly denied
to allow you the benefit of any doubt that might that any such language was used and I am willing
seem to arise from conflicting statements, though oaths and curses were generally uttered in terms so distinct, and with sitch Emphasise that it is not easy to mistake them.
In the record of the Log, it is admitted that on going on board you addressed him with a demand to know what right he had to make prisoners of your crew, ternis that are by no means fit to be used in speaking to a vice Consul by any person under his authority. (Hear, Hear.)
Mr. Sullivan has intimated bis willingness to accept of an apology, which I now require you to make in full and unequivocal terms.
The propriety of inflicting corporal punishment upon your serang, or boatswain, in the presence of your crew might admit of doubt, and it appears in his presence was an act contemptuous and pro- Mr. Sullivan, though the heating one of our men voking, yet agreed to comply with the suggestions of the chief officer to send the serang and other of. fender into the boat.
969
impose an you a farther fue of (936) Twenty Firo Dollars for contempt of Court.
I have the honor to bey
Sir, Four most obedt, humble serrant,
G. TRADESCANT LAY
R. M. Consul, Amoy.
To Mr J. J. Davis,
Master of the Barque "Fanny Connell" Amoy.
No. 35
British Consulate, Amoy, 7tli August, 1845. Sir,-Your Agent having applied to me this evening for your Ships papers, and as I have no wish to detain you longer than necessary for the fulfilment of my decisions of yesterday I bave to acquaint you that immediately on the payment of a further fine of Twenty five Dollars for your dis suspectful conduct to Mr Vice Consul Sullivan your Ships papera will be delivered to you.
I beg you to understand that this fine is inflict- ed in consequences of your not having made the apology your good sinse and good feeling should have led you to have made, even had I not required it of you,
Iha the honor to be
Sir,
Your most obedient humble servant.
G. TRADESCANT LAY
Consul
To Mr Davis,
Master of the Barque "Fanny Connell,“
SHIPPING INTELLIGENCE.
OcrOBER,
ARRIVALS.
21, Albion (Swede), Libjedahs, Shanghai and
Chusan..
23, Torrington, Neft, Singapore 4th Inst., pro- ceed to Whampoa with Betel Nut, and Rattans,
2.
23, Royal Exchange, Fraser, Whampon. 23, Edith (Ama. Str.) Johnson, Put baok, 24, Lanrick, White, Bombay 20th September,
Singapore 12th Inst. ⠀⠀
24, Lancaster, Hullin, Liverpool 20th June.
OCTOBER,
SAILED.
23, Bombay Castle, Fraser, Manila. 24, Woodbridge, Poulton, Whampoa. 23. Douglas (A.), Sumner, Chusan and Shang-
hai.
23. Sea Horse, Gibbon, Singapore. 23, Heber (Aff), Porter, Whampoa 23. T. Perkins (Am.), Graves, Manila 23, Eagle (Am), Prescott, Chugan. 24. Counsjee Family, Durham, Calcutta, 24, Brahmin, M'Arthur, London. 21, Royal Exchange, Fraser, Cumsingmoon.
REPORTS. Arun, Balls, London. Ann, Stevenson, Whampoa,
Lunrick spoke Braganzu str. off Malacca on the night of the 11th. Ann Eliza Jeft Singapore for China on the 3rd. Sir Herbert Compton and Pulo Dar on the 14th Inst. Frolic (Am. Brig) on the 7th; spoke Amazon off
Lancaster spoke the Brig Irin on 7th Inst. Laf, 76 6 N. Long, 107“.0' E.
VESSELS IN VICTORIA HARBOUR. II. M. 8. Agincourt, Lystery Flag of Rear Admiral
Sir Thomas Cochrane, II. M. S. Samarang, Sir E Belcher, II. M. B. Vestal, Captain Talbot, H. M. S Dedalus, Captain Mahae, H. M. Sloop Espiegle, Commander Thompson," H. M. S. Royalist, Lieutenant Ogle. H. M. Str. Vizen, Commander Gifford, H. M. Str. Pluto, Commander Airy. H. C. Str. Medusa, Commander Hewitt, H. M. Tr. S. Alligator, Com. King. H. M. S. Minden, Master Commanding Welling,
ton, Hospital and Store Ship
Adelaide,
Whether if Mr. Sullivan had persisted in chas sing the serang, the crew would have attempted to rescue him I cannot protend to say; but admit- ting your statement to be true,, which I sce no and entertained a respect for yourself, a mutiay, reason to question," that they were well conducted which means a rising of the crew against the of icers, would have been impossible or their indign tion would not have beca directed against you or the chief officer, but against Mr. Sullivan.
You seem to labor under a misconception when have no opportunity of availing themselve of an ap- of the Court here on myself and part of any crew for alladeed your vessel, since it is evident from the testimony of i Gazelle (Am), Chase,
Sir.- beg to acknowledge the receipt of your decision you complain that Mr. Sullivan took charge of peal which is within the reach of others. Upon esult on a Chinese, of which I know nothing. For Mr. Gingell an i tho mimissious of them the Consular courts may trespass with imput nity, and we fear that they do so to an extent which is not generally known. It would be injustice to say that it is a feeling common to all the Gentlemen. holding Consular appointment in China, but we are satisfied that some of them consider that their chief duty is to protect the Chinese, and so far from aiding their countrymen, they throw obstacles in their way, and impede by their absurdities the despatch of bu siness; and this remark may best apply to the Consulates which have least to do,
"EXTRACT FROM THE LOG OF THE
BRITISH BARQUE * FANNY CON. NELL" J J. DAVIS, COMMANDER,
LAYING IN AMOY HARBOUR
Tuesday, Ang. 5th, 1615-Fresh breeze from the east- wand and cloudy, empiezel as yestentar, Bas
About grenn a boat came alongsite for 13 packages marked T, but not being st hand at the time, they were told to wait. Captain Davis wanting a boat some time. after, and seeing the unconspiel, made use of her to go o store. When there we haring three men on shore on duty) he sent the boat back, with the thưre ma to the res sel. The boat afterwards went away without the abare pickages. Between the hours of Lead 3 a. m. Mese, Sallivan and Gingan came so bend, with a complaina that his Sauran, Chinese laid beta assosited by posse of our Malay lastars on their passege to the mast from the shore, and while Mr. Sallizza was in the set of coming up our side the Chinese man war caring up the other, to point out the men who had commised the assagir on him.
The Sprang not touring the man's oven | Sullivan and Giugan saw, but not spell. Afr. Sullivan was presending him from ning on bunt, shit Me for which inmediately offered the Spring to be seized in the rigging by his tasears, which they we shout door, and preparing to fog him. Our Meist men seeing the was about to take place began for
de t
quarter deck, and round about the Struer The rear) in a few moments more weld bare been in a stewed exting
myself, I acknowledge doing wrong in ordering the men out of the boat, for which offence, I am punished with a fine of 15. No writen os verbal apology can I think of making Mr. Sullivan, as I do not recollect hating insulted that gen.
deman.
Ista eit,
Your obedient SOFTANI, (Signed) J. J. DAVIS.
your chief officer that the duties of discharging cargo and were not interrupted for a moment by that Gentleman's pro- srce on board, a direct and positive interference with the dating of the vessel could alone give a color to the supposition that any officer wished to envolve himself in the responsibility conveyed in the idea of taking charge of it.
A true copy, (Signed GBO : B. BROWN.)
If any apparently well found complaints were Some time after the delivery of the above antler offcial made to me against your crew by the Chiness, and letter was received on board (No. 14) wherein a farther fina I was uncertain as to who the offenders were, 1 of 825 was levied on Captain Dare, for contempt of Court should direct Mr. Sullivan to proceed on lount, and Tea tho was immediately sent and paid into the Consulate, order the whole crew before him for examination; after which she ships papers was again demanded, but was nor Abould I deem it necessary to furnish bun told by Mr. Sullivan they would not be gig with a warrant of authority, since he is not a cun. Daves made an apology. Alsat6 7. 8. the agent again appled for the ships papers, what which explication Captain | stable but a Magistrate, Davie received another (No. 31) wating if Captain Baris would pay a further £ne 865 to mould get his papers. The 325 m they sent, and paid to the Comentats for nao. betes the bon of 9 and 10. Captain Davis naived a voracis papers,
Amor to Wit
SUMMONS.
I bave honor to be, Sir, Your most obedient humble servant,
G. TRADESCANT LAY,
Hey Britanie Majesty's Conais ni Amoy, in China To Me Davis
Dent and Co Bush and Co
J. Matheson and Co Gilman and Co
Bush and Co Russell and Co Dent and Co
J. Matheson and Co Tiers, Bourne and Co
Ann, Stevenson, Albion (Swede), Libjedals,
Bon-mjee Hormasjes, Costes, J. Matheson and Co Arun, Balls,
Coquette (Am.), Eldridge, Edith (Am. str.), Johnson, Facorite, Malmgren, Geneva (Am), Drinker, John Barry, Clarke, Jaha O'Gaual. MiDonald, Lady Mary Wood (str-ship), Lancaster, Hullin, Lanrick, White, Little Catherine, ---- Linnet (Am ), −→ *** Lyra. Grasvengr, Marmion, Ewing,
Dent and Co Turner and Co Cooper, J. A. Olding Fox, Rawson and Co
J. Matheson and Co.
W. H. Fraklyu Emery & Frazer
3. A. Durran Flatcher and Co- J. P. Sturgis J, Matheson and Co Macgregor and Co Hawle, Dugs and Co
Midas (Am. ste-schr.), Poor, Mor, Baxter, Nymph. Horsburgh, Kennedy, Petrel, Rogers, Santo Antonio, De Cruize, Sarah, Espinessc, Sen Park, Humphries, Water Witch, Heynell, Water Wich, Douglas, Wave, Hackes,
Self
J. Matheson and Co. J. Matheson and Co
·Dent and Co Murrow and Co
Self
BRITISH SHIPPING AT Wha Master of the British Eatque "Fanny Connell," "¦ Albert Edward, Winte, al Astor.
British Comaulits
Amoy 7th Augue, 1815.
You are bereby summoned and required to attend at the Consulate Office Koolageno trawrrow the 6th of August at 11 o'clock in the tre nous 6 No 31 miner mich questivaras may be pat to you top- ching so awacht on a Chisaman by sme of the crew of the "Fanny Connell,”
Sir, -$ace you lass slused to whey the deck
bday of August, 1815.
Gires under my hand and Seal at Amay thesis of the Con held by me yesterday as intent
22 in your letter of this date. I feel it my daty G. G. SULLIVAN,
To Mr. BroRY,
Chief Officer Fauny Cons!"
Torony the asset in a de Serene Gum of Hongking and cut to we her Superbrentons of Trade, a Gelen wir gal karolidon le probable as pamata so that of de ez Haimary Lay
Es
Anvi ftabertum, Marroc, Camline, Williams, Carthage, Fox, Devil, Forley, Bleeo, Mallory, Like of Locator, Balleg, Duke of Portland, Hamlin, Dumfries Thompson,
willion, Methven, Futta Mombarral, Mara, flaneral Boad, Etckor Cilenets, Barany,
0. Livingston and Co Turner and Co
Bell and Co Clyphant and Co
Haneen
Turner and Co bfaelaas D. and Co Wetmore and Co 3. Patiesco and Os. 3. Distacson aol Co
J. Matheson and Ca † Mathieson and Co