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SUPPLEMENT TO THE FRIEND OF CHINA AND HONGKONG GAZETTEN.
It is with much satisfaction that we lay boforg the public the Resolutions passed at a meeting of British Merchants hold at Canton on the 3rd In. Mr Compton, a Gentleman esteemed and
stant.
VICTORIA, SATURDAY,
nowar to dietate to Mr Macgregor as a Judge, sone che there may be an appeal to him, but confer upon him the power of passing sentence where he has not heard evidence, would be an ab
EMBER 7TH, 1846.
COPY
Canton, Dth October, 1816, CHURCH, Esq. ROBERT ELCE, Ero
repeated by the community, has been made the surdily too gruat-even for China, and we do not tika Wire, Esq., and others, abject of a most unjust and arbitrary persecution, the laws to which British subjects resident at the Consular ports (defective and oppressive as they are) being set aside by the Superintendent of trade and an utter disregard shown for the feelings and repalation of his countrymen, enlawful means having been resorted to, to would the former, and a craven hearted document having been published officially as the mail for tadia and En-
remember that it was ever claimed by any of his repudiated ordinances. It also appears that an in accuracy has been committed somewhere, Mr Mac- gregor stating most distinctly in his letter of the tich that Sir John Davis had confirmed the sentence piss ed in conformity to Ordinance No. 2: while Sir John Davis in his despatch of the 19th says I re- quested you to convict under Ordinance No. 5.
GENTLEMEN,I beg to acknowledge los re- ceipt of your letter dated the 7th an ad- dressed to me as Chairman of the Committee requesting that I would call a meeting
A meeting of the British Community to consider what measures. should be taken in consequence of the extraor- dmary proceedings, taken by Tier Britannic Majesty's Consul, against a respected meinber of our Community proceedings which appear tios of all British residents in Canton. The committee have considered, and examined all the circumstancesconected with the case, and would readily have afforded the Community opinions, but having learn that an appeal from the opportunity of publicly expressing their the sentence of Her Britannic Majesty's Consul,
EXT CT
power and ony mus the Be
jer, and o
70200
eziceling two lont any Fine, to andr Two Mouth and the reid
Mr Macgregor presents bis andre with annexen tira
Consulate, 28th September, 1816
rope was about to start, intended to blight the ed by the same person (Sir Henry Pottinger) 40, the same time to affect the rights, and liber To Francis C. Macgregor Fe
aiter. Fortunately for Mr Compton, his character stands too high to be scathed by the fulminations of Sir John Davis; and though it is a duty incumbent upon us all to vindicate our reputation when ag sailed a duty which Mr Compton has very ably performed in his letter to Sir John Davis datod the th Tostant and now published with the other do- cuments connected with this extraordinary perso- cution there is perhaps no man in China who wall have better afforded to treat official calumny with the contempt of silence.
But Mr Compton's vindication does not rest ao- lely upon his letter to the Superintendent of Trade, Ho may point with triumph to the meeting held on the 3rd, and the Resolutions then passed by a body of men, who in all respects are equal, and many of them vastly superior to Sir John Davis the upstart Baronetcy excepted] Under any circumstances the approbation and sympathy of our friends and compere is agreeable, and we may be hors that the spontaneous mark of regard offered to Mr Compton by those who have long known, him, and can best appreciate hia character, must have been extremely gratifying.
career in China is drawing Davis's
It may appear singular that two ordinances pass approved of by the British Government, should be so contradictory as to render it a question whether there was legally an appeat from the Consular Court to the Supreme Court of Hongkong. But there is no inconsistency; the ordinances provide for cases of a different nature.
Na. 2 of 1844 is. An ordinance to give Judicial Authority to Her Majesty's Consuls within the du- minions of the Emperor of China." This is the or dinance under which Mr Compton was fined by the Consul at Canton It was after a conviction upon this act that Mr Compton was informed he could appeal to the Supreme Court of Hongkong. A reference to the 4th and 5th sections will show the correctness of the position taken up by Mr Mac. gregor, in so far as he rests his conviction uron No. 2 and not upon No. 5. The 5th section distinctly providea for an appeal to the Supreme Court,
Contul have power to adjudicate in certain mat-
tars,
me
4 And be it enacted the the said Connal
|
to be made to the Supreme Court of Judien fire at Hongkong, the Committee think you will agree with them in opinion that it would not be advisable at present to decide holding a Meeting-1 am gentlemen, your upon
most obedient, humble servant,
(Signed) A. CAMPBELL.
Chairman of the Committee.
Canton, 30th October, 1548 To ARCHIBALD Campbelia Esq.s
Chairman of the Committee of Public Safely
at Canton.
SIR. We beg reference to a letter addressed to you on the 7th instant, respecting the arbri- trary proceedings of II. M. Consul, against Mr Compton.
Baving now learned that the intended appeal kong.cannot be made, and emneidering it highly to the Supreme Court of Judicature at Hong- expedient that the British Community here, should be farly informed of all the particulars of a case so immediately affecting the liberty and rights of British Subjects, we have agnin to request that at your earliest convenience, you will call a Public Meeting of Her Majesty's
shall have fall power (if he think it to use the same) to adjudicate upon and determian alone and in a summary way all raisdemean ors and other minor offenton which shall ap. perite him not to deserve a greator punish. ment than he is hereinafter authorized to inflict and also all and it other civil suits and actions wherein the sum claimed shall not be maltora have not already induced the British Go-founded on any libel trespass or other personal wrong verament to relieve bim from an appointment for
Consal's de- 5 Provided always all such vives so ad- cision liable to judicialed upon that the aridonça recorded which he is so singularly unfit, we think the pro
the revisina therein shall be forthwith transmitted togeth posed petition to Her Majesty în Council, and to
of the Supre- or with the sald Consul'a ren sons for his son- both houses of parliament, embodying the Resolu
Judicial trace or decision to such Superse Cours of lon passed at the Canton meeting, will be the Authority
At Judicaturo at Hongkong 83 is now or shall means of placing His Excellency in the shades of
Hongkong. hereafter be created which shall have power to rermit the case so decided for saplanation priate fe, from which he will never again emerge. or the taking of farther evidence or to proceed to examine We have hitherto refrained from entering upon farther witnesses therein or after or reverse the said sentence a discussion of this affair, as we could not doubt or decision or increase or diminish the amount of punishment that in complianca with the ordinanco under which
or damages awarded thereby as absil seem just and expedient he was fined and as was intimated to him by H, M. No. 5 of 1941 is "ArOrdinance to carry into Consul a Cantou in a letter dated 30th September, effect the treaties between Great Britain and ChiSubjects for the purposes stated in our previous Mr Compton would have had an opportunity of ap- na. and to indemnify Her Majesty's Consuls and Communication of the 7th instant. We have pealing to the Supreme Court at Hongkong, Such an other persons in China who may have hitherto us.
the honor to be, Sir, your most obet, servants, appeal
has been refused, and we can no longer hoisted therein. There can be no mistake ng to the
(Signed) JAMES CHURCH. silang about entering upon the merits of the case, application of these ordinances. The first estab
R ELLICE. only regretting that we were not aware of the fished Consular courts, having full power in take
FRANCIS B. BIRLEY, decision come to by the Superintendent of Trade becognizance of all offences committed by British subt
And others. fore the departure of the last mail. We could not see that that Gentleman in vitne of the high powers with which he was intrusted, would trample under foot laws enacted by himself or hy his predecessor; approved of by Her Majesty in Council, and atted upon by the proper Executive Officer the Consul al Canton,
Mr Compton's case is a very simple one, and ought to have been decided four months ago, without being made a matter of public, notoriety. On the 4th of July, that Gentleman in passing through one of the narrow lanes between the factories was in- commoded by some stalls placed there in opposi tion to established regulations, One of the stalls he upset, and afterwards had some high words with the
si
offcer of the guard whose duty it was to see that the street was clear of such incumbrances. H. M. Consul chancing to pass at the time, the affair was mentioned unhesitatingly, and a complaint made of the violation of the established regulations, by which violation foreigners were anneyed and filth allowed to accumulate in the streets That Mr Compton committed a breach of the peace in kick ing over the stall is admitted, for which had he been fired a small sum the stall keeper would have been satisfied, and the affair would not again have been heard of Mr Consul Macgregor allowed the matter to paas unnoticed until the 25th of July, when he ad- dressed a letter to Mr Compton, stating that he way charged by the Commissioner
jects which are recognized as offences by English law. No. 6 refers exclusively to infractions of the treaty with China, a crime not recognized by the law of England; and offences which are punishable under the Arst ordinence ramust, wifrooz grupe in- justice, be tried under the latter.
No. 1.
COPY.
British Consulate, Canton, July, Zaur ro10. SIR--In a representation addressed to me by It appears almost a piece of exprrerogation to tho Imperial High Commissioner Keying, and show the practical working of the ordinances by Govern wang you are chargut with her. pposititious cases, and we merely refer to Mring on the 4th staat at the door of the Comptoir'e case-one of an assauk--a coining clearly under No. 2 as such cases are of hourly occurrence is England and punishable by the law. An offence nocording to ordinance No. 5 13a very different affair. A man wanders in to the interior of the which an infraction
treaty he would be punished by the casul of the ordinance No. 5, though this could not be done under the earlier ordinance.
41
guard house at old China Street kicked to pieces the stall lrniture of a fruiterer at that place, and with having beaten with a cane "The military Officer there, on his going out to "adtanish and stop you," on which occasion they aid a riot had almost taken place
Fur Foreigner ther that on the 8th instant when a was wrangling with another Fruiterer at the We think the injustice of Sir John Davis's con-
entrance to old China Street, you came with a duct towards Mr Compton is sufficiently evident -
cane and dealt random blows with it on the indeed a perusal of the documents wa now publish, Fruiterer. That in the course of the quarrel and the Resolutions passed at the mooting of Meryan suddenly laid hold of a man and took hìn chants at Canton, has almoet rendered our com-to the Chang-to Hong, where you tied aut ments unnecessary.
necessary. It may be that some will beat him, thus causing the assembled Chinese. read the editorial, some the documents, others hoth, to make a disturbance at the back of the said but if any should hesitate between the two, we say Hong. to them read the documents, and read them care- fully.
....
COPY
JI, B. M's Conill, anton Sin, I have to acknowledge, the receipt of
your letter of the Aih ustnal, annot
you have sentenced me to pay & Finn of Park to Her Majesty the Queen, in reply do v Ich I respectfully request you will specify the Of fence for which I have been committed by the be, Sir, your most obedient, humble serveut, evidence you have taken-Iliave the honor to
(Signed) CHARLS & COMPTON
No. $.
COPY
British Consulate, Canton,
30th September, 1848. S-In reply to your letter of the 29th inst., I do not find that I have any thing to aid to the contents of
my communication
of the 21th, but I think it right to state for your informatio in referred to, that my decision is subject to that it appears from 5 of the Ordinance there- the revision of the Supreme Court of Judicature in Hongkong, who have the power of altering or reversing my sentence, or increasing or dimin- ishing the amount of punishment or famages awarded thereby as shall seem just and expe- Court, without delay. I have, dec., dient upon the strength of the evidence which in your case will be transmitted to the said
To C. 8. Compton, Esq.
(Signed) FRANCIS C MACGREGOR.
No. 6.
COPY.
To Francis C. Macgregor, Esq.,
Canton, 1st October, 1848,
H. B. M's Consul, Canton, Sre,-I have to acknowledge the receipt of your letter of yesterday in reply to mine of the 29th ulto, wherein you say, you do not find that you have anything to add to your communica- tion of the 24th, from which I observe that I am not only convicted of having on the 4th July last, kicked over the stall of a Fruiterer which was in my way at the bottom of Old. China Street, but also of having moun
51
M
the subserpient popolar disturbances, and to the disasters which followed,” May there. fore request you will have the goodness us fur- nish me with a Copy of the Eridance estalilish- ing that fact, I have the honor to be. Sir, your most Obedient, hi observat
(Signed) CHARLES S. COMPTON.
No. 7.
CORY,
British Consulate, Canton
6th October, 1848. SIR,-I have the honor to inform you, that His Excellency Her Majesty's Plenipotentiary in China, has confirmed the Fine of Two Hui- dred Spanish Dollars, payable to Her Majesty the Queen, which I imposed upon you by sent- ence dated the 21th September last,
kicked over a stall on themes with having At a General Meeting of British Sibjects held sth inst, in which the lives of Chinese Subjects red to the Supreme Court for revision, notwith-
with having
in Caton, on Tuesday the 3rd of Nov., 1846.
PRESENT 43 PERSONS, REPRESENTING 28 BRITISH FIRMS.
A. CAMPBELL, Esq.,—Chairman. Tax following Correspondence, and papers were read, and Resolutions unanimously adopted -
Canton, 7th October, 1946. SIR,We the undersigned having heard of certain proceedings instituted by Her Majesty's
"the 6th section of ordinace No. 2 of 1844 he the Consul at this Port, Lch respected
caned a Chinaman on the 8th, thus causing the disturbances which took place on that day, The Con- sul further intimated that the charges would be in- vestigated and requested Mr Compton to attend at the Consulate on the 27th with such persons as might be able to give their depositions in the matter. On the 24th September Mr Macgregor gain writes Mr Compton, intimating that it had been proved that he (Mr Compton) kicked over a etall on the 4th July, and that in conformity with Consul) bad fined Mr Compton $200. On the 30th September Mr Macgregor intimates that his decision under Ordinance No. 2 is subject to the rovision of the Supreme Court of Judicature in Hongkong
who have the power of altering hie * sentence.'
On the 6th of October Mr Compton is honoured with another letter, stating that Sir John Davis had confirmed the sentence of the Con. sul passed in conformity to ordince No. 2, bat that on strict enquiry it was discovered that that ordinance viid not allow an appeal to the Supreme Court at Hongkong. On the receipt of this letter Mr Compton urges the Consul to furnish him with A copy of the evidence brought forward against him, which evidence, in conformity with the ordin- ance under which he was convicted, the Consul
It having been found on strict inquiry into the extent of the powers vested in ine by $4 of the Ordinance 6, and 7 Victoria Regina, No, 2 of 1844, that the said sentence, which I pass ed upon you fir certain acts committed liv injurious to our relatious with the Government, and people of China, is not subject to be refer-
standing what I mentioned to you to the con- trary in my letter of the 30th Uttuno, and it being necessary, and expedient that such sen- tence should be carried into offect forthwith I have to acq rampt you, that I have authorized R.Me Horace Unkley, second Assistant to this Establishment, to recover from you the amount of the above mentioned Fine, and after having received payment to grant you receipt for the
• same in the asual form.
It being incumbent on me to investigate those charges, which the Chinese Authorities declare to have occasioned the riot on the night of the
were sacrificed. I have to request you will tend at this Consulate on Monday next the 27th instang, at 11. at. with whatever witnesses you can produce to depose as to the truth of the above allégations.→İlave &o,"
(Signed) FRANCIS C. MACGREGOR To C. S. Compton Esq.
No 2:
OPPO
British Consulate, Canton, 24th September 1346. SIRA The examinations respecting the late riots baynig na beer closed, and it paring from the evidence adduced that on the 4th July last you kicked over the stall of a
uterer (Signed) FRANCIS C. MACGREGOR which was in your way at the ball
old. To . S. Compton, Esq China Street, by which discretion.
In reply to your letter of the 1st anstant I have only tubed that the documentary evidence there referred to will be made out, and forwarded to you, in so far as I am able rɔ furoish 15 I have, c
member of the Community sin which, so far as the facts of the case are known to ushe has been arbitrarily, and unjustly condemned, as the as the originator of the riot, which took place on the 8th July last. We duem it right to call your attention to the subject, in prder that the circumstances may be properly investigated. And as the proceedings in question appear to tion of the populace was roused. involve a prisciple in the highest degree inimi fuse cal to the personal | erty of British Subjects to fie
the
in China, and at the same time calculated to degradu Her Mays Grvelnment to the eyes public of the Chinese, we pray
correct at detailed statement supimited to the
was bound to transmit to the Supreme Court of meeting which we
Hongkong, but this has not been done.
An
(Signed)
peal to the Supreme Court could not be tolerated by Sir John Davis, and to avoid it he writes Mr Mac- taking such gregor, of date 18TH OCTong anying that the or We are,
inance ander which He had directed Mr to be fined was No. 5 of 1844. In comm this most insincere dispatch to Mr Cómp Macgregor did nottrust himself with a single re mark-he simply certified that it was a true còp Mr Macgregar as a frentleman mos; igse felt it a an equivocation, and that he, he the unge, who
taken the evidence and passed sentence
Insulted, and placed in the position having on the 24th of September
ad fined Mr. Compton 1200 odd
whereas Sir John Data or the 1815
ya I directed you to the Mr Compton under
ance Nose Now Bir John Davis has not the
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COPY
1616
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