Tok of the Winde.
GENERAL REMARK
1,80
NW als
THE FRIEND OF CHINA AND HONGKONG GAZETTE.
|
fifteen hundred men, executing "Jeddart jus- Lice upon outlaws and other offenders, but in ninteenth century, more regard is paid to form, and it to be hoped to the impartial ad-
The
ministration of the laws.
:
His Lordship disposes of Mr. Hillier and his law in a very summary manner, and the next alting of Court he has to deal with the Corn-i
court, the proceedings before which pers are also, declared to be illegal, thus setting aside the verdict of a Jury in a highly im- portant case. It will be observed that there is no exception taken to the terms of the ver- dict. The grand error was in swearing the prisoners to the truth of their depositions-thus making the men criminate themselves!"
the nature of the offense imputed to Mr Compton Observations, immediately after it was committed--and Mr Colay suggested that had there been any penally attached Detmer 1916
it should have been inflicted immediately, and, that DIMENTOCIAL (the matter should not have been allowed to stands
over for such a lengthened period, and then to brought up in connection with other occurrences in this view the judge appeared fully to concide. Some communications were at read from the Chinese Authorities, they were inadmissible as evidence; and throughout the whole case there was not one title of evidence which could support the sentence, Mr Compton's own Affidavit could not of course do so Mr Compton, he (Mr Coley) stated was ready to admit the offence of kicking over the stall, it was the enormity of the fine against which he appealed to the Court, anil the injustice of being nominally son tenced under one charge and actually punished for The results of official incapacity-to use a another offence altogether: aftes full perusal of the mild term-are, simply those. Five men are correspondence, and the expression of his conviction mordered-thirteen innocent, men are punish that had the Consul been guided alone by his own
ed-and all the partics guilty of the homicides julgement, nothing would have transpired in refe
are at larger. We have thus given tho Natives: rance to the upsetting of the stall on the 4th of July (it being shown that it was too insignificant a matter to
another specimen of the laxity of law in Hong.
Coley concluded his address. call for the immediate attention of the Consul) Mekong in extreme cases, and its injustice in others
of less importance.
reof the Month was above The NE manson appeared 1 x whom the vh day Breezes con- from the Easward up to the on the quartering with light variable czarned stor about 8 days, with Bare up was fresh Eagerly Brams, and driaaly Yow antil the 30th, when it again
fine wizerlinseala, usil de recciced, until & Clink on in apeninga previous to publi.
ma: Tuerdays wad Fridays.
Sept. 叩
LATEST DATES,
Sap 24 Syner
1
Dor
Boavis
at Singaporo Nov. Muila
Oct. 31
14 Shanghai
''
CufQHm Nept RE Ataur
Nov.
Oct. 13
THE FRIEND OF CHINA
AND HONGKONG GAZETTE.
VICTORIA, WEDNESDAY, NOVEMBER 2570, 1846,
NOTICE -The hours of Divine Service in the Colo- NIALLSLEET Aray Shadays at į part 10 4.M. and 4 P.M. and as The P.M.
******* VINCENT STANTON,
Colonial Chaplain.
Vestona, 16th Nor., 1848.
NOTICE -Uies Carret will be open for Public Wor. Il Odlock A. M., and a half-post 6 Oelock P. M., during the winter months, beginning with the 1st Novemu.
er 1818.
Yakny, lih October 1818. A
The result of the Mr. Compton's appeal might have been anticipated. The Chief Jus tice declared the sentence passed by Mr Mc- Gregor to be unjust, excessive, and illegal, and on the grounds reversed the judgement of the Consular court.
This case is one which has excited a very great interest, and the decision will give general satisfaction. A cruel and unjust attempt was made by the Superintendent of Trade to
toder Mr Compton responsible for the riot of the 8th July, of which were is not the shadow
SUPREME COURT. Saturday the 21st November.
CROWN SIDE.
The Chief Justice proceeded to pass his opinion o the case, which he stated evinced a total disregard for all forms of law, and for law itself. Mr Macgregor ho presumed could not be ignorant of the common- eat principles of English law, if he had been, thets The COURT SAT FOR THE HEARING OF MOTIONS was an Ordinance to which he should have referred, to No. 7 of 1844, the provisions of which his Lordship remarked had been totally disregarded, and tho whole case consisted bus in an assertion on one side” and an assumption on the other, he could see no real legal charge is made, he is obliged to look into the sentence itself for the charge, and after a careful pe rusal of the documents, he is compelled to pronounce the sentence unjust, excessive and illegal.
EXPARTE DUNCAN AND OTHERS.
Mr Famcomb applied to make the Rule nisi absolute in this case. The Inquest had been brought up under a Writ of Certiorari on Wednesday last, and a Rulo nisi to qish the Inquisition had been granted.
cause.
Mr McSwyfiey the Coroner now rose to shew The Chief Justice wished that Gentleman to explain whether the Prisoners had been examined on oath or a mere statement, as on looking at the depositions the word "states" occurs in some of the Prisoners examinations.
The Coroner observed that the Prisoners had been sworn in the usual manner to give their Evidence The Chief Justice upon this said that as the exami nation as regarded the Prisoners was not according to Law and irregular, the Inquest must therefore be aside, the prisoners discharged: other brications andre sa ipad as to the Inquest, which were to this effect, namely that the Jurors had not sealed the Inquisition that there was a view of 4 bodies only and net 5 as stated in the inquest, and that, with the exception of one instance only, they were not recognized. The principal ground however was that of the prisoners being sworn to give their Evidence.
The Chief Justice asked the Coroner if the Chi- nese witnesses in this case (not those who could have criminated themselves by their evidence) had been sworn-the Coroner replied that they had not. and that so far as his knowledge of the proceedings in the Police Court extended a simple statement was merely required. His Honor Considered this asser- tion as too incredible, involving as it did so seriHIS. a charge of neglect against the stipendiary magis
Trates.
prisoners, convicted of being parties to there pra- ceedings, bave been sentenced to severs punish. ment, and one to lose life; and that a sum of 40,000 dollars have been lodged in the Consol hands as an indemnity for the lusare--a result which grems to have been in no sul degree any to the energy with which our Plenipotentary, Sir Jahn Davis, seconded the Consul, and insiste upon prompt and full reparution.
Our correspondent does not give a very cheeifend view of the mureimmediato prospects of the colony of longkong, of of our trade generally in China; but there is much in the trade returns recently
hlished at each of the consular ports to show, that notwithstanding any temporary depression, our oderco is steadily and even rapidly advancing. Chuten is not decreasing in importance; Shangie has gunn near to double its trade in a year: anlar three of the ports seem sadly backward in realesing the hopes assortained of them, it is at least not une yet to despair of their ultimate success.
The prospects of Elongkong na a commercial olony are not gooil: account for it as wo will .... disguise it as we may, the truth is becoming fre plain and undeniable every day. Its prosperity must necessarily be of slow growth whatever 56 the Government measures; and, except as a surg place of refuge and safety for person and properly an advantage the importance of which might ono day be acknowledged by residents of all the five ports should anything occur to disturb our peaceful relations--it might perhaps be well dis- pensed with for any value it is of now to our com- merce. But, when it is considered as the centre and basis of operations by which British subjects are to be secured from, ar compensated for, any in jary or insult (as is well demonstrated in the recent case at Foochowfoo), it seems singular that its in- Buence and advantages should scarcely be recog nised or acknowledged by those most interested the resident marchants of China. The inhabitants of Honkong, who think only of their large outlay upon, houses, doc. Liseir ground rent, their polico rules, and so forth, overlook the great advantages under which, nevertheless, their vast commercial enterprises flourish. Doubtless, if Hongkong be looked upon only as an extra murket, our trado in China would have nearly the same development if it had no existence. It is a supplementary esta- blishment to the five ports, the privilege of trading at which supersedes the necessity for it as a market; and it appears, though, of courge this is harily acknowledged, to have been looked upon by all parties as a most importam opium station a depot for the Indian market, and a place of evenrity whence the whole coast of China might be couve- niently and advantageously supplied with the drug,
The immunity allowed to uplom vessels at th eutance of the consular ports, and other points of the const, has gone fur to strip. Hongkong of this anticipated, and not very legitimate, advantage, while the Government mensure of farming the opum has certainly tended to annihilate what linle remained. The only rational hope for Hongkong,
The offence with which Mr Compton is charged" did not appear to his Lordship to come within the provisions of the Ordinance under which the fine was exacted-which appeared to embrace only the General Regulations under the which the Trade is to be conducted, and the settlement of Coin- mercial disputes, and further, the occurrence of the 4th of July, did not form any part of the balta against Mr Compton preferred by the Che fact thorities, that matter having as they express Deen "explained away" The Chief Justice also express- ed the opinion that Mr Macgregor shewed at least a want of candour in his communication with Mr Compton, in reference to his assertion that the fine would not be levied until it had received the confir- mation of H. E. the Superintendent of Trade, for as the fine was inflicted by the Superintendent himself, there required no confirmation" The Chief Justice clearly justified the conduct of the British Residents during the riot of July, by instancing the different positions wherein the law gives its protection in cases of homicide-force must be repelled by force-- -Mr Macgregor acknowledges his error in subst tuting Ordinance No. 2, for Ordinance No. 5, the Chief Justice remarked that this was no reason why
83 a great combiercial mart, lies, not in the restric Mr Compion should suffer. It was very evident.
tion or non restriction of the opium sales, but in the bat the fine was imposed under one Ordinance
chance of inducing the trading juuks from all paris and carried out under another: this annat be done
of China to come to Hongkong to sell their produce being contrary to the first princies of English
and buy our manufactured gonds. From Shanghai, of proof in the evidence taken before the Con-minally for the trivial offence commized on the 4th,
"law" the fine imposed on Mr Compton was no- The Chief Justice then asked the Coroner if some Ningpo, and Foochow foo, they might bring silk, sular court. The charge, founded on mere
of the prisoners had not been let out on Bail
The
black and green teas, and take back our goods; asumption, and sent forth to the world by Sir
Coroner replying in the affirmative, he was asked but then what do the Chinese gain by such a bold John Davis through the medium of official des
on what authority, he had accepted Bail. He re innovation beyond what they can more easily at patches, made public solely that the libel might case in which an appeal had been thade to the Splied that he considered himself in the same light as fain at these ports? Will they sell at higher prices, here circulation, is completely set at rest by
Magistrate--but was given to understand that there and hoy at lower ? Possibly; but it must be evi- preme Court from any of the Consular Establish· the revision of the Chief Justice, after His Ho-ments, and in this case the evidence was only produc-
was a wide difference between the office of a Magis-dent that they want much of the education helping nour bad gone through all the documents care.ved on a special application-that it was a case of whatever to take Bail.
trale and a Coroner, the latter having no power to develope such shrewd conclusions; they require to be much nearer on a level with the commercial fully.
very great importance not only to the British Mer-
intelligence of Europe, to merge their old customs We refer our Readers to the report which falcantile Community, but to the Consuls and Vice
in a now system so novel, bold, and active, even lows; and we would briefly observe, that this de. Consula in China as respects their future guidance
though the benefit accruing to them thereby were cision la one of much importance to British sub-in cases of a similar natire. His Honor concluded jects resident at the Consular ports. It can no
by observing that "The whole proceedings have longer be doubted, that from Consular courts
been so irregular, as to render all that occurred a there is an appeal to the Supreme Court of
perfect puility. The Consul's sentance is there- ffore reversed." Hongkong, and on that appeal rests the liberty of the British Residents of China. So long as the Superintendent of Trade assumes the power of adjudicating where he has not even beard evidence, and subservient Consuls tolerate his intrusion upon their duties; or so long as Consul's pass sentence according to instructions received from the Superintendent: We say so long as these things are permitted, the reputa. tion as well as the property of British subjects is placed at the disposal of men who have not scrapted to injure both. But there is an end put to this system; and Consuls will be more cautious, and Superintendents of Trade a little less arro- gant, when they find that against their award an appeal may be made to a higher Tribunal.
SUPPREME COURT.
Tuesday 24th November,
Mr Coley on the part of Mr C. S. Compton zote to abew cause why the sentence passed by Mr Mac Greger should be rorised and the fine diminished. Ma Coley having referred to the different sections
to read the correspondence addressed to the Consul
unfounded offence committed on the Sh. but actually carried into effect for a resumed and
The Chief Justice remarked that this was the first
We would remind those who intend enter- ing Iorses for the Races, that this is the last day available for that purpose.
The Lunrick has made an extraordinary pas- Feage for this season of the year, Between Bombay and Singapore she was seventeen days, and from Singapore to Hongkong other days exclusive of stoppages at Singapore. We seventeen; thus making the whole run in 34
are told that this passage, during the strength
On being farther asked by the Chief Justice as to the manner in which he laid down the Law to the Jury, with regard to the Evidence as it bore on the Law of Homicide, the Coroner said he had gona very fully into the subject The Chief Justice then remarked that he must have given them so much Law as to have
o site confused them.
RULE ABSOLUTE,
HONGKONG (Military movement)-We have it on good authority that His Excellency Sir Colin Campbell has received instructions from His Grace the Commander-in-Chief to order the 95th Regi- meni, and six Companies of the Ceylon Rifle Regi- ment, with the usual complement of Officers, to pro ered to Hongkong, immediately after the arrival of the 37th Regiment uarter orders for Ceylon In casequence of these movements, the Cevlon Rife panies to consist of 100 Rank and File.each, and as Regiment is to be angmented from 18 to 22 Com soon as this has been effected the 37th Regiment will proceed to India: In the mean time directiona
much
more evident than it is at present, It is, howover, a step in the right direction to re- move the obstructive clause in the supplementary treaty in reference to jinks trading to Hongkong, But it is impossible nut to see that the great advan- tage derived from this lies at the root of the strong objectious to the opium farm, which may or may not have been a good and politic measure; if the contrary, its great iniquity in the eyes of the mer- chants lies in the impediment it offers to Chineso Junks coming in ballast to Hongkong and loading there with opium. No doubt this might be a very profitable speculation to many mercantile firms, and mota houses might have been built, and fewer remain to let; but whether it would be a gain to British commerce, or British interests, truly un- derstood, when our only colony and seat of Govern- ment in the Chisese seas had been transformed into a vast opium depot, arming the native population
hibited drug at every creek and harbour, remains at least a question to be considered, and even if it were shown to be advantageous in a commercial sanse, would it be consistent with the good faith of treaties? Different views of this subject will be taken in England and Hongkong; but those who,
best condition for forming a sober and impartial
of the monsoon, is unprecedented in the history have been given for the Head Quarters of the 15th against its own authorities, and pouring in the pre-
of the clippers.
Régiment, now in Colombo, to he in readiness to relieve the Head Quarters of the 95th Regiment et Kandy--Ceylon Times, October 20,
The Honorable Chief Justice has set aside the inquest upon the bodies of the five Chinese, armed men on the 27th October) on, Hie (drowned by being forced into the water by
Coroner was illegal and irregular The par- grounds that the form of procedure before the 13 Prom dis Times je basing nothing to guin or to lose, may be in the
„OUL RELATIONS WITH CHINA.
The accounts we have lately received from Chi-
commercial and political. But these indications portant changes in our relations with that empire,
of the Ordinances applicable to the case, proceeded ties against whom a verdict of manslaughter da are of considerable interest, and suggest im. Judgment will probably feel little hesitation how to
by the Chinese Authorities, and on which Mr Mac Gregor had Essed his sentencs, and objected to it as evidence against Mr. Compton: the Judge overruled this objection, not that it could be received as proof, but that it was necessary as an explana. tion of the Grades ression of the whole matter. Mr Caley then read the sentence. The Consul's 24th of September was read, and Mz Compton's renty thereto, and a portion of the succeeding Correspondence The dengailions of Messrs Dodveod, Gilman and Filice, DOL NRVICE.
though, as refers to the men who first gave had been recorded were therefore discharged,
chase and fired guns for which they had neither warrant nor excuse the case was clearly one of murder
Chief Justice Hulmas most feel annoy the irregularity of the
pr the inferior courts,
100 gistrate commiting a body montar on a suspicion o
round in the face.
are not apparent to the casual observer, neither
are they free from contradictions. A States doru ment with the sign manual of the Emperor, from
ication arrived a month or two
he part
the waul of powers the Chin
docide wer
SHIPPING INTELLIGENCE-
NOVEMBRE,
ARRIVALS.
21, Lanrick, White, Bombay Oct. 15th, Singaporo
Nov. 3rd.
22,
Jolm Cooper, Grieg, London, Portsmouth July
22, Audar Sullivan, Cumsingmoon.
23, Amazon, Abbott, Whampoa.
24 India, Sutherland, Whampoa.
- PASSENGERS.
Per Coquette, (Am) Messrs Lent, and Wilkinson. Per John Cooper, Mr A. Johnson,
Pet Lanrick, 3 Parsees
VOTENBER
SALLED.
21 Tudar, Salliyan, Camsingmoon.
21 Nymph, Horsburgh, East Coast.
9 H.MTS Sapphire, master comding. Fittock,
Trincomalee her par
21 Eagle, Amy Prescoll, Whampoa.
21. Coquelic (Am) Eldridge, Whampoa. hoir, 91, HI, M. B. Wolterene, comder. Hay, Whampoa. erous 21, Anita, King, Cumbingmoon.