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THE FRIEND OF CHINA AND HONGKONG GAZETTE. VICTORIA, WEDNESDAY, NOVEMBER 12ra, 1815
We hear that outside the weather has been execrably cold, and wet, with a heavy ses on; the ball practice was good-at 1,700 yards quite excellent."
THE FRIEND OF CHINA AND HONGKONG GAZETTE
In
by the incapacity of their Governors. one, the lives of hundreds have been sacrificed. In a second the blind and perverse proceedings of the Executive, acting under Lord Stanley's instructions, were, only not totally destructive of prosperity, through the vigorous opposition of the Legislative assembly. In a third, the gallant ex Governor, now engaged in the more con- genial calling of seeking for a North West pas sage, left his government in a state of confusion and distress that we read of with pain. Hong kong is a fourth colony-but one to which we need make no further reference, and
The public attention once directed to co- lonial misrule, will, we would express a hope, ultimately lead to the gradual formation of a body of Gentlemen, peculiarly intended for co- H. M. S. Agincourt, Rear Admiral Sir Tho-lonial civil service, who by going at an early inas Cochrane; Vestal, Captain Talbot, Vizen, age to the colonies will be well ground in the Commander Gifford and H. C. Str. Pluto, lesser appointments, before they are called upon. Commander Airy, returned to port yesterday, to assume the higher. We are even inclined to The Daedalus, parted from the squadron on Sun- be of opinion that it is often difficult to procure the services of old and proven Governors, rom day and proceeded to Chusan.
the mere fact that such men (if applicants) have no difficulty in procuring fresh appointments. Of course we would not imply that military rank should debar military men from all civilemploy ment. It appears that they do display talents and moderation; and some excellent Governors wore the sword of a Soldier in the field, before they acquired the privilege of bearing its harm- less name-sake in the hall. Our objection is to an unnecessary selection of Governors from the ariny list, which is a doubtful recommendation; in short, we consider that as a general rule former pursuits rather tends to disqualify the Soldier for civil appointments
The American Ship Montauk has made a splendid passage of 59 hours from the Quesan Islands to the anchorage inside of the Lema
Islands
We intended to have added to these remarks, but we defer the subject, merely referring to some extracts from the "London Colonial Gas
zette,"
The incomptetency of many of the colonial governments, and the illegal nature of their proceedings are attracting some notice in Eng land, which must be painful to the patrons of the Fitz Roy's, the Franklyn's, Gipp's, Davis's &c and reflects but little credit upon Lord Stanley's management of the colonial office. It is true that the days have gone by, since colonial appointment were but the too common refuge
We know nothing whatever of the merits of the for British peers, who battered alike in for case between Mr. Christopher and the late acting func and reputation, could obtain through fa Assistant Chief Magistrate, to which reference is mily influence, Governorships in the American-made in the reported proceedings before the Supreme colonies, where their misconduct as notorious Court on the 3rd and 11th instant, violatiors of morals and religion, in part lead to the revolutionary war, and has brought down to the present day traditions of atrocities, which though probably exaggerated, are known in many points to be true.
nors.
If, as has been asserted, there is no appeal from the Chief Magistrate's, Court save to Her Majesty, then Her Loyal subjects of Hongkong are very hard ly dealt with. There are several cases which we could wish to have revised, or re-heard before a pro- per legal Magistrate. With every deference to the Magistrates of Hongkong, we express a conviction that their award will not agree with the civil law of England.
SUPREME COURT.
The 3rd day of November 1845. Before the Honorable Chief Justice.
Christopher V. ARMSTRONG,
|
England has profited by the mismember- ment of her American colonies, and the loss, to her, of the greater part of them A different class are now chosen as the representatives of Majesty-men marked by a decent obser- vance of the docorums of society, and always, or nearly always, claiming a fair reputation. Acknowledging that the British colonist of the present day is more fairly dealt with than
Motion for a rule to shew cause why a writ of Mandamus sixty or seventy years ago, we also admit should not issue and be directed to Major William Caine, that, in the selection of Governors, and other and Charles Batten Lillier, Two justices of the Peace for members of the Executive there is, in nearly appoint a fixed day, and hold a Court of General Sessions to the Colony of Hongkong and its dependencies, to assemble all recent appointments an utter disregard try the appeal cause of Christopher-Armstrong to the interests of the people in the choice
"Mr. McSwyney' Counsel for the plaintiff-May it please made by Lord Stanley, particularly of Gover-your lordship in pursuance of a notice in this cause given to the Magistrates, I have to move this Honorable Court for a Dependants of the house of Derby, who Rule Nisi. recognise no other authority than that of their The 1st Cap of the 34th Statute of Edward 3 expressly em. chief, readily meet the approval of the Colonial powers Justices of the peace or any, two of them, to assem ble and fix a day for a Court of General Sessions.The office,and we have recently seen, in one instance, affidavits of Christopher and others Gied in Court over that where complacency to official whims lead to the powers given by The Statute in question were particular the receipt of two sets of instructions-one set ly pointed out to the Stepending Justices for this Colony,
And I think I shall be enabled to prove to your Lordship public, but not to be acted upon--the other set that the utmost courtesy was exhibited towards the magistra private, and acted upon,--compelled the young tes, that on their refusal to perform that which I respectfully Governor's recall, the Secretary of the colonies, submit was their public duty-a correspondence was con did not hesitate to sympathize with him on dis the affidavits will shew has been altogether an unsatisfactory ducted with the Colonial Secretary upon the matter which agreeable position.
one there reads the affidavits at length); and it way not until The now favored class for a selection of men every exertion had been used then an imperative sense of du. qualified to govern, and hold appointments inty towards my client has caused me to apply to this Tri-
bunal as a "dernier ressort," her Majesty's colonies, are old military and naval officers,; younger branches of the aristocracy; reduced Gentlemen; and a multifarious class, specimens of whom may be seen in all British co- lonies. It is chiefly to be remarked, with reference to the last of these classes, that they are men with a good amount of talents, an immense capi- tal of assurance, and who are most probably re warded for past services as pamphleterists about some of the public offices, by an appointment in the Colonies. This is not treating the colo- nies fairly, for whatever claims the military and naval classes may have for rewards in their own service, for which they have been remu. nerated according to a well known scale before they entered the service, is it not to them unkind, after they are unfit for active pursuits, to send then to distant colonies to lead a life of discom fort in the discharge of those civil engagements of which they are in great ignorance ? it is pe culiarly unjust as refers to the Colonist, who has to pay for people who are positively injuring his property. As refers to the second and third class, they offer the true material for the public service. if regularly introduced and advanced they, by experience, acquire that knowledge which is indespensable. It is a common obser- vation that almost any man is fit for a Governor, if he has ordinary capacity and means of acquir ing information. Nothing can be more falacious. Wedo not put lawyers in the pulpit, nor Bishops at the head of the army. They would only dis- credit themselves; neither should the mere fact of his being a good man be taken as evidence of his kapacity for the important duties ever attached
to the head of an Executive government. In addition to a general knowledge of legislative proceedings; a Governor requires to have
__roquaintance of constitutional law, and that regard which the highest in England pay to those rights which may not be invaded, even by a Sovereign with impunity; in- timate with finance, as bearing upon re- vonue; with a sound judgment, and the deep conviction of the moral obligations which demand a faithful discharge of duties as be- tween the Sovereign and her people.
We look at the position of many of our Eastern possessions, and we see them injured
B
A Writ of Mandumus commands the specifie enforcement of a public duty, and is-as clearly desenbed by Chitty in his work upon the General Practies of the law-one of the most important branches of the Jurisdiction of the Queen's Bench; and that it has often been used to enforce a Fulle right or duty -1 trust I shall presently be enabled to prove.
In Rex-V-Hastings-I qante from 5 Barnwall and Adolphus page 692-Chitty had obtained a Rufo Nisi for the enforcement of the holding a fanor Court for the benefi
of Suitors.
▼
|
|
NOVEMBER,
SAILED.
& Sir H. Compton, Brown, Whampoa. 3, Marquis of Bute, Bannatyne, Liverpool.
8, Sri Singapore, Bissix, Singapore. 8, Poppy, Cole, Cumsingmoon. 9. Marmion, Ewing, Whampoa.
THE Union Chapel being now completed, the Building Commitee beg leave to return thanks to the foreign Community in China for the very liberal manner in which they responded to the call for the erection of this place of Divine Worship, The Subscriptions already received amount the sim of $3503. 58, The sum mentioned in the Pros.
9, Arratoon Apear, Durham, Singapore and Cal-pactus as necessary for the Completion of the
cutta,
9, Ariel, Hodson, Singapore,
C REPORTS.
Torrington, Nell, Shanghai to day. Helen, Bayne, Calcutta, j General Wood, Stokoe, Bombay. Madura, Smith, Manila. Fair Barbadian, Grillin, Singapore. Dhur, Cumberland, Calcutta.
S.
H. M. H. M. S.
VESSELS IN VICTORIA Harbour,
Sir Thomas Cochrane.
Dent and Co Russell and Co Rustomjee and Co Turner and Co J. Matheson and Co E. B. Gleason
Agincourt, Lyster, Flag of Rear-Admiral Vestal, Captain Talbot. H. M. Str. Vizen, Commander Gifford, H. M. Str. Pluto, Commander Airy, H. M. Tr. §. Alligator, Com. King. H. M. S. Minden, Master Commanding Welling ton, Hospital and Store Ship Adelaide, Albion (Swede), Lilljiedahe, Anna Eliza, Grainger, Anna Robertson, Murroc, Bomanjce Hormasjee, Coates, Chile (Am), Bray, Dart (Am), Baylies, Dhur, Cumberland, Douglas, Sumner, Fair Barbadian, Griffin, Favorite, Malmgren, Foam, Pugh, Gazelle (Am), Chase, General Wond, Stakas, John Barry, Clarke, Helen, Bayne,
John Cooper, Greig, Lancaster, Hullin, Lanrick, White, Little Catherine, Linnel↑ Am ), ~~~~, Lyra, Grosvenor, Madura, Smith,
Bush and Ca Lindsay and Co Rawle, Dous and Co Macvicar and Co
Dent and Co Dallas and Co
J. Matheson an:l Co. J. Matheson and Co
H. Ardaseer and Co' Dent and Co Lindsay and Co Fox, Rawson and Co
Chapel was $4000. The expenditure has exceeded that sum by 285.29, leaving the Committee in debt to the amount of §.781.70. Relying on the generosity of the public, the Committee would again come forward, and respectfully solicit their aid in the liquidation of this sum. Contributions towards this object will be received by any of the members. of the Committee. The papers containing the subscriptions already received may be seen at the house of the Trengurer, R. Strachan Esq.
By order of the Committee,
JAMES LEGGE,
Secretary.
5
Victoria, 1st November, 1845.
FOR SALE.
INCH Iron water pipe, also 1 and inch Lead Plaster of Paris and Stencilling patterns. Apply water pipe and English Solder, Dutch Okres,
to
Queen's Road..
HUMPHREYS & Co
Victoria, 10th Novomber, 1815.
FOR SALE BY THE UNDERSIGNED.
o. 3 Superior Manila Segars.
No.
Spanish wines, Sherry, &e in wood & bottles Manila Pine Sourfs, Handkerchiefs, and Ladies Dresses.
J. DELMES.
Corner Aberdeen Street Opposite the Baker, Victoria, 10th Novembor, 1845.
H
MACMURRAY & Co. TAVE just received and have for sale Superior Bottled Fruits, Salad Oil, Sauces, Pickles, Mustard, Jains &c. &c.
from the well known
Londen Houses of Edwards & Co. and Hesketh, Davies & Co. Also superior North Wills Cheeso
J. Matheson and Coin Tins, Raspberry, Vinegar &c. &c.
J.
Midas (Am. sir-schr.), Poor, Minerva, Brown, Montauk (Am), McMichael, Nymph, lorsburgh, Kennedy, Paradies (Hamb.), Zybranz; Santo Antonio, De Cruize, Sylph, Macdonald, Torrington, Nell, Warlock, Jaubee), Water Witch, Reynell,
SHIPPING AT
Ann, Stevenson, Artemise (Swede), Lenon, Devil, Furley, Dero, Mallory,
W. II. Franklyn
Emery & Frazer
J. A. Durran
Queen's Road & Aberdeen Street Victoria, 14th November, 1815.
LIQUERS.
Matheson and Co FOR sale at the Stores of the undersigned.
J P. Sturgis Dent and Co
Rawle, Daus and Co
Macgregor and Co |
Boustead and Ca Self
J. Matheson and Co
Murrow and Co
J. Matheson and Co Dent and Co
WHAMPOA.
J. Matheson and Co Turner and Ca Hansen Turner and Co Wetmore and Co Matheson and Co Boustead and Co
J.
J Matheson and Co Order
Dumfries, Thompson, Duke of Portland, Hamlin,
Elizabeth (Hamburgh), Jansen, Fort William, Methven, Futta Mombarruk, More, Glenelg, Harvey, Grecian, M'Dowall, Hector, Flockart, Hilda (Swede), Hall, lindostan, West,
:
J. Matheson and Co
Turner and Co
:
Turner and Co
Russell and Co Dirom, Gray and Co
Noyan, Carces, Parfait Amour, Annisette &c.
MCMURRAY & Co.
Queen's Road & Aberdeen Street i Victoria, 11th November, 1845. ↑
TAGLIONI,
JUST Lauded superior London made Taglioni
and other Coats of very superior quality.
For sale at MCMURRAY & Co.
Queen's Bord & Aberdure Street, Victoria, 11th November, 1815,
STATIONERY.
JUST Arrived a superior Invoice of the above
article consisting of large Banck Post, Over- land ditto, Middle yellow dito, Pink Foreign ditto, and Blue Wave ditto. Also L. B. W. Note-paper Blue Wore Foolscap, Blotting paper. Copying p pur, Envelopes of sizes ca, de, for sale at
MCMURRAY & Co. Queen's Road & Aberdeen Street I'
Victoria, 11th November, 1845.
NO
ENGRAVINGS.
be sold on Wednesday evening, a large Col- lection of Engravings ;
Also a quantity of Oil Paintings, and Engravings
Dirom, Gray and Co in Frames.
Sale to commence at past 7 precisely, Cata- Nye, Parkins and Co
Tarner and Cologues to be had at the Sale Rooms.
P TOWNSEND, Terms Cash on delivery. Victoria. 10th November, 1845,
Jane Prouse, Williams, Johns (Hamburgh), Gagzo, John O'Gaunt, Donali, Joren Corina, Dring, D. & M. Rustomjee and Co
Justina (Dutch), Rash, Julia, Jones,
Maria Johanna(Dut ), —, V., Marmion, Ewing,
Order
J. M. S. Van Basel Romsvinckel and Co Fletcher and Co
Ocean (Hamburgh), Fokkee, Orient, (Freuch) Cazales, Pauline (Bremen), Lamke, Pearl, Morrison,
D. & M.
J.
Peruvian,
Prins Carl (Swede), Molien, Sappho, Dunlop,
Sarah Louisa, Oldham, Sea Park, Humphries, Sir H. Compton, Brown, Mr McSwyney was here stopped by the Court. Court to grant a Writ of Maudamua.
Chief Justice. There can be no doubt of the power of the Sir Robert Sale, Loader,
Take a Rule Nisi
10th November, 1843. Castorʊpher Y. ARMSTRONG.
There being no Coupect at the opposito side to shew cause against the Rule Nisi--Mir McSwyney after reading to the tourt the terms of the Rule--and its service upon the Ma. gistrates moved that the Rule Nis be made absolute with Costs.
reference to costs it is not usual to grant costs against Magia. Chief Justice-Let the rule be made absolute, but with bates.
Mr McSwyncpMy Lord, I humbly suhrait that though it is altogether in the descretion of the learned Judge to grant or refuse costs, yet the term reports and the several Books of Practice affirm, that when courtesy is exhibited by Council for the party applying for a writ of mandamus it is usual to grant cats. In the present ease i believe the af fidavits bare shown that every curtesy was exercised. My Cheat is of considerable expense by employing the assis tance of Counsil on two diferent days.
Chief Justice.--I do not think it is usual to grant coste against Magistrates. Let the rule be abacate and a tw of mandamus ÄSUID","
SHIPPING INTELLIGENCE.
Novender,
ARRIVALS.
1. Parodies (Hamburgh), Zybranz, Macao. 7. Chile (Am), Bray, Sea, put back from stress
of weather, crew sickly. A
** Minerva, Brown, Sydney ca 1st August and
Tahiti
Tarrington, Nell, Comzingueen.
6, Poppy, Cole, Chenn
8, Fair Barbadian, Griffin, Anoy,
9, Helen, Bayne, Whampas.
9, General Woad, Stokoe, Whampa. 9, Dhur, Cumberland, Cumaingmeon 10, Dart (Am), Bajlies, Chesan Gih inu, 10, Montauk (Am), MeMichael, Chuwin 7th inst. 11, H. M. 5. Agiseert, Lyser, Flag of Kear
Admiral Sir Thomas Cochrane, Sou.
11, HL. M. 6. Food, Caparo Talbot, Sez.. 11, H. M. Str. Tizen, Commander Gifford, Sex. 11, H. M. Str. Pluto, Commander Airy, Sea,
|
Sophia, Tanuer,
S. Fraser, Mackellar, Wild Irish Girl, Buckton, Woodbridge, Poulton,
Russell and Co
Order Russell and Co Rustomjee and Co Matheson and Co Russell and Co Maclean D. and Co Dirom, Gray and Co J. Matheson and Co
Murrow and Co. Lindsay and Co Bell and Co Boustead and Co Captain Hegan and Co
VASSELS AT MACAO. Hebe (Hamburgh), Bett, at Amoy, Isabella Robertson, Kelly,
F. J. de Paiva Juha (Syede), Olterberg, Cumsingmoon J. M. &Co Prima Donna, Jones,
J. Matheson and Co C. S. Lungrah Privateer, Abbott,
Order Royalist, Lees, Kuparrell, Perois, Snipe, Endicotte,
A. & D. Furdounjee A. Heard and Ca Frow Jacoba (Dut.), Hoorin, J M. S. Van Basel AMERICAN At Whampoa and Macao.
J. N. A. Griswold Cohota, Marshal
Russell and Co Russell and Co J. M. Bull
Congress, Hayes, Edith (str.), Johnsáo, Grafton, Abbott, Heber, Porter, Howqua, Pulmer,
Inco, Buxton,
John Quincy Adams, Nickola, Panama. Griswold,
Porter
Hotel and Co A. Heard and Co A. Heard and Co J. N. A. Griswold |
FOR SINGAPORE AND CALCUTTA.
PUBLIC AUCTION, Woning the links instant, at 11 O'Clock FILL be sold at Public Auction, on Thursday
A. M.. at the Clodowns of Messrs. Burd, Lange & Co., 3,000 Pecul of icice.
P. TOWNSEND. Sale Pesetive. Terms Cash on delivery. Victoria, 10th November, 1845.
NOTICE
E undersigned has removed his ffice to the house of Mr Just in the Queen's Road at the corner of Pottinger Street. Office hours from 9 to 5 and from 7 to 9 in the evening,
E, FARNCOMB, Notary Public & Solicitor.. Victoria, 21st October, 1845.
MR. WM. PUSTAU.
CORNER
JORNER of Wellington and Cochrano Street,
SODA WATER,
SALE-Athe Store of Mr. Joha Yauth in
Maeno from Dr. Hunter's.
Sod. Water Manufactory- there. Macao, 11th January, 1815.
SPICED BAČON,
JUST arrived direct from England a few Rolls of Jabove mentioned article of very superior quality, and for sale at MCMURRAY & Cos
Queen Road's and Aberdeen Street, Victoria, 28th October, 1945.
FOR SALE
DARBS Velvet Nap Hats, of very superíor shape
THE "DRER, Captain Cumberland, I will be disputebed from this on the 1216 instant. For freight or pamages ply to
LINDSAY & 6. S Victoria, 10th Novemb-1, 1845.
FOR SALE Either privately before the 19th Novermber or that day by Public Auction !
and quality, for sale at
•
MCMURRAY & CO%. Victoria, Guena's Road & Aberdeen Street, 4th November, 1815.
FOR SALE. CUPERIOIL Fine Word White Cotton. Socks
MACRILIC Victoria, Queen's Hand & Aberdeen Street, 4th Novembar, 1913.
JUST ARRIVED THE well known Larcha EMMA,
Heintage Wines is I doses Cases of ND for idle at McMurry & Co's. Burgandy she now by of Alison Havie, F Dres & Ce's Wharf, with blasts, Salle, superior quality; price very moderats as the Wines Anchor, duble, and Bost. For particulares apply
* BAWLE, DUES & Co. Victoria, 19th November, 1812.
mat be old wuhout delay,
Oppten's Road & Aberdeen Street. Victoria, 250 Detabor, 1913,