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TO
THE FRIEND OF CHINA AND HONGKONG GAZETTE. ICTORIA WEDNESDAY, JUNE 9an, 1847.
TICE The hours of Divine Service in the Gos NTAL CHAPEL Dto, on Sandays at 6 A. M. 1 past to A. M. AndoP M. and on Thursdays at ] pari i P. M.,
VINCENT STANTON,
Colonial Chaplain.
holora dar June, 1847
NOTICE The hours of Public Worship in the Detox CLE At resent are 11 A. M., and pass P/M.
Viotona, 3d May 1617.
A LETTER from Mr Consul Macgregor to the Chairman of the Canton Chamber of Com- merce appeared in our last issue; we subjoin the reply, which did not come to hand until after we bad gone to press on Saturday morn-
The tenor of the Chairman's letter, and its eal and dignified tone, recommend it to uni- bisssed minds. Mr Jardine says truly, the British community in expressing their opinion that it (the Hopan grant) should be enforced. did not presume to suggest to His Excellency the means by which such an important object should be carried out." These are precisely the sentiments which prudence would dictate, We say it with regret, but with all sincerity, that the Canton community cannot give their cordial co-operation to any of Sir John Davis's measures. Wis Excellency, on his arrival in China, assumed a hostile attitude towards his countrymen, which nas in no degree been sub. doed by recent events. We see in the Con- sui's letter of the 31st May how anxious His Excellency is to distort an expression in one of the resolations of the Chamber of Com- merce. In our humble opinion, the Chamber, while it receives official lasters with all cour- tesy, should, as much as possible, limit the replies to a simple yes, yea, or nay, nay.
We are satisfied that Sir. John Davis has determined to allow the Hooan grant to re. main in its present position until he receives instractions from home-probably not before October. If such is the case it is difficult to account for the repeated applications to the Chamber of Commerce, and the evident desire 10 enter into a controversy, Sir John fighting under the shield of Mr Macgregor. His Ex- cellency attempts to show that the stagnation of trade is caused by Chinese failures and
****- neral overtrading; this is meant to disprove the undeniable fact, that the political movement in April has unsettled commerce for a time. Similar causes would produce a similar effect in any country. The very alarm of an inva- sion would throw the monetery system of England into confusion; merchants would not have the usual facilities for discount or advances on certificates of produce in bond. The con sequence would be a sacrifice of property to meet urgent claims, bankruptcy and ruin being the natural sequent. The withdrawal of spe cie from Canton and closing the banking houses deprives the Chinese desler of his customary financial facilities-his affairs are thrown into confusion-confidence is lost-credit ceases- and the foreign trade is at a stand. This can be traced clearly to political causes for which Sir John Davis is solely and individually re sponsible. The vindication will make a im- pression upon those to whom it is directed, nor Was this expected; it is in all likelihood a mere reiteration of statement that went home by the last mail, Were Bir John Davis to declare that he was prepared to take all the respousi- bility of his invasion and the results thereof upon himself, even his victims could admire the spirit of the man though they disapproved of the acts of the politician; but it is not dir John Davis's nature to be open and sincero-- his mind and his policy are alike tortuous. "This is an infirmity of nature not to be over- pome, but it is a misfortuns to a person in a prominent public position.
CANTON, 2d June, 1617.
ALB. M. Consul
P. C. MACORBOR, Esq. . B. M SIR,I have had the honour to receive your letter of the 31st ult, acknowledging receipt of the resolutions passed at a general meeting of the Bri
ich commenity on the 26th of May, and acquaint- ing me, for the inforrnation of the Committee of the Chamber of Commerce, that you had transmitted them to His Excellency bit J. Davis, who, in ac knowledging receipt of the same, observes the expressed opinion, that unless a more decirable site caribe oblarosd your possession of the land should enforced but His Excellency does not
and how I can be at once morced
force, or becupied The point is involved trenient entered into
ry on the part of
issioner on
THE TRIEND OF CHINA AND HONGKONG GAZETTE.
commercial purposes occasioned by the operations of the late expedition. The Committee Therefore fell their duty to urge upon His Excellency Inned of bringing this motive to a speedy conclusion. I have the honour to be, &c., acc.
DAVID JARDINE, Chairman,
SUPREME COURT OF HONGKONG,
2nd June, 1847.
(from the Hongkong Register,
THE QUEEN Y. LARKINA,
This trial which for some time past has engaged the attention of the public, came off on Wednesday
Agilea of not guilty having been entered and the issue joined, a jury was chosen and the Attorney-Gen- eral opened the proceedings, explaining the charge againal Captain Larkins. This was an er-officio in- formation and contained two counts; Arst, that the defendant after 26th February, 1846, and for one year. or a apace of 52 weeks was in the habit of carrying letters not exempted from the exclusive privilege of the Post-master-General, thereby making himself liable for the penalty of £100 for each week; the second was of a similar nature and rendered him liable to a similar penalty, that he took up, collect- ed, received, and conveyed letters for the period of twelve months. The first is for conveying lettera --- to anbatantiate this it must be proved that he carried letters for a year, or for whatever part of it the evidence will bear out. The second is for deapasching, deliver- ing, A., letters; to prove this it is not necessary that the lénera shoubi have been collected or conveyed by Captain Larkins bimself; it is enough that it has been done by his servants or agents. In the commence- ment of 1845, a communication was mails to Captain Larkins with the very liberal offer of two pence for every letter or parcel which he should carry, and he was not called on to deliver them. At this period he knew there was a Post-office, and that he was break- ing the laws, though it might be for the convenience of the public. When this communication was inade to him, a copy of the Post-office lawa was put huko his hands. The Peninsular and Oriental Company receive only two pence for carrying letters from Eng- land. Custain Larkins returned no written answer to this offer, but continued the practice of carrying letters, and circulated an agreement, which will be put in evidence, for carrying letters, not a mail. Gir- culars have gone round, and been put up in the Club- house fixing when the ateamer would leave, and stat- ing that letters would be received to a certain tins, This has been altered to parcels, but it does not mat- ter whether these latters go in parcels or otherwise. It may be said that these were consignees' letters, but these can only be sent with goods. Besiden be has received payment for these letters, while consign. ces' letters are never paid for, and it lies with him to prove that they were consignees' letters. letter from Mr. Matheson, he says the public autho- rities knew of it; but if made sensible of any irregu larity in the Post-office, he would die an information against the Post-master himself. If Captain Larkins. had come to him he would have assisted him to draw up an application to Her Majesty, because it is not to be denied that it has been a great couvenience to the public.
Jo a
Mr. Fitz Stubbs has superintended Capt. Larkins' books relating to the Corsair since January last. Messra. Franklyn & Milne did so before. He is in the habit of sending circulars announcing the depar- ture of the Corsair has not one with him.-By Mr. Gaskell, These are not his property, but belong to Capinin Lerkins.-The tenor was that the Corsair would start at a certain time and receive letters for the place she was bound to. This was afterwards altered to parcels, in March last, by order of Caft. Larkins. He has received letters from the commuy general- ly, and delivered them to Mr. Strang who is purser of the Corsair, to be taken to Canton. They were given every voyage. Payments were male for them by monthly subscriptions, which were made for con- He never receir- vering letters to Ganion and back.
ed any letters from Carton. He did not collect the subscriptions. The Comprador did so for Captain Larkins. There were goods with some of the letters, but he cannot swear there were with all. They came principally from Merchants, and were not all super- scribe consignees letters, or owner's, or charterer's. He received them by Captain Larking orders-does not know whether Captain Larkins is owner of the Corsuit.
Cross-sanmined by Mr. Gaskelt-He does not know that the letters were taken to Canton. He made out the bills for collecting the subscriptions. He received money for other thinge besides carrying 'let- ters-gave letters to Mr. Strang each time the steam- er went to Canton. This was not each week. By the Attorney-General. He is still book-keeper, but the books are not in hie custody; they belong to Captain Larkins who has the key. He had a lie by which the subscriptions are collected believes Cap- tain Larkins has it. It is like the one produced--saw it last about six weeks ago but does not know who wrote it. The names are in different hands; they are signatores. He thinks there was some other writing, but does not recollect what it was.
By Mr. Guxbell.-The steamer has been ten daya waiting for the mails. She has been ales under repairs but he does not recollect how long-thinks it was less than six weeks-at one time she was about a fort- night at other times a week. She has also been on the West Coast for 7 or 8 days at a time. Nearly all the subscriptions were received in Canton,
Mr. Strang has been purser of the Coreair since about February last year-does not know who is the owner-is employed by Captain Larking and has to account to him. He has been absent three voyages -two of these were to the West Coast, and the other
last month does not know how many toysges the she went once a week and bu made sometimes sometimes once a fortnight to Canton, Macao, Or Camsingmoon. He keeps accounts but they belong to Captain Larking. He has received consignesE' Jetter will wear to that in general not aware whether there were also subscribers' letters. The Corsair never carried Merchandise she carried treas. ure and small parcels. He cannot say the letters caue from the ownern of treasure or drug. They brought goods from Cantou to Hongkong every yoyage. He has received lettere from Lag Fitz Stubbe which he knew to be consignees letters. He knows they were so became he has sigdel bills of lading and Been the enclosed in the letters. He received one from Mr. Parker which he knew was not a consign- sele letter, but does not know of any other will they were all consigners, letters, and will not
were not, Hemower therrong of Captain
he brought letters every voyage Cross examined by Mr. Gasket He has sent letters to the Post- office which were not marked consignees' letter" anil they were refused-thue was hout five weeks. Some were sunt to the Conynt at Cantor ami By This was some few months ago. refused. the Attorney General, He thinks he has seen the paper before that is now shown him it is an agreement for carrying the overland mails, and the subscriptions of the parties-knows their writing- The paper was read-several of the subscriptions bore the condition that the steamer should not make less than three trips in the fortnight; witness did not col- lect any of the money subscribed By Mr. Gaskell, -The signature of the agent for the Corsair is not attached to the paper. The steamer was at one time laid up for three weeks--thinks she has been off about three taonths altogether-tleuks she never made three trips to Canton in a fortnight--she may have done it, but it has been very seldom. She has waited as much as nine days for the overland steamer.
Mr. Franklyn is a commission agent in Hong- kong, and was agent for the Corsair from February 1846, to December last, He has seen the agreement before and believes he knows several of the signa- tures. He does not know whether the subscriptions were received, because he did not keep the accounts. He objects to produce his books as the business ja mixed up with his own.
Mr. Gaskell contended that he could not be made to produce the books. The Chief Justice said, they were Captain Larkins books, and he could not be called on to criminate himself.
Witness knows that letters have been brought to bia office but they were taken by his clerk and no list of them was kept. They were brought by the purser, often at a very late hour, and sept out by wit neas's Coolies immediately. He does not know He has receiv- if they were consignees' letters.
ed some himself which were not consigneesia not aware that they passed through the Posteoffice. The steamer went two or three times a month, or fortnight, but he cannot speak certainly is not certain if she took letters every thae--generally speaking she did. Mr. Tulloch was clerk for that particular purpose -he has left China. He believes subscriptions were received for the steamer, but not for postage for in- dividual letters. Some of the subscriptions were paid and some not. There were some disagreements. Wie- neas merely goes by what was told him by the cash keeper and Capt. Larkins-He did not know it himself,
Mr. Hyland is Post-roaster, and was so in 1846. A post was established to Canton before he came. There is a person at the Conantate especially charged with that business there; Mr. Oakley is so at present, but witness does not know how long he has been so-te the best of his belief it is about a twelve-month. He is in the habit of making up mails for Canton, and the postages are periodically accounted for. Witness nes- er refused to take in letters. The poet goes every evening when there is a fast boat. The principai let. ters before March were the Government despatches; since that time there has been a considerable increase. -It has been in the ratio of a farthing to one hundred poyude.-Witnese wrote a letter to Captain Larkins, of which he has a copy; it was returned to him and has been lost-is sure this is a correct copy.-The copy was read. It contained an offer that for each letter he should pay two pence-no other letters were to be carried, and a box kept on board for receiving letters that were too late-a copy of the Post office Te gulations was sent along with the letter-no answer was sent, but Captain Larkins brought it back pereon, ally and in general terms refused the offer. A letter was produced addressed to witness from Canton which came by the Corsair and was read in Court.-Also the envelope of another.The Corsair has brought a mail occasionally but not every time; she has done so from about March.
Cross-examined.--The post to Canton was establish- ed by the local authorities-the lettere are sent by fast boat-He does not keep a boat. This was established before witness carne.--He has not a copy of the noti fication here--does not know how long these boats take to reach Canton. He has sent letters by the Corsair, but not above six times-he then made up a mail. He has cautioned Captain Soames that he way liable to be fined. He has written home recominend- ing the Corsair to be employed-considers the offer of two pence a liberal one. It is the highest paid to all parts of the world.-Captain Larkins did not refuse to take the letters, but said he would not deliver then Mr. Matheson objected to give his evidence as it might criminaté himmelf-he had received a reines from the Attorney General after coming into Court, but was told that though it protected him against the Crown, it was no protection against a common inform- er. The Attorney Generat held that a release from the Crown was sufficient against all parties. Mr. Gaskell read a portion of the statute to the effect that any one might lodge information. The Chief Justice supported this view of the case, and said the Crown might release so far as concerned itself, but that any person criminat- ing himself would be liable to be eued by a common in formerin a qui-tam action, as the Crown could not re- lease the informer's share of the penalty. The Attorney- General begged his Lordship to note this point, which he wished to be reserved.--A letter from Mr. Matheson was produced which he acknowledged, but stated he considered it private and objected to its being read. The Chief Justice ksid it must rest with the Attorney- General to decide whether he would have it read, after being told it was meant to be private. It was read, and his Lordship said it had no bearing upon the case. Mr. Matheson begged he might be allowed to state to the Court, that though the prosecution was directed no- minally against Capt. Larkins it was in reality against the merchants in China. The Port-office did not meet their wants. They had been at great expense to meet their own necessities, and now were to be prevented from doing so. The Chief Justice said it might be a great hardship but he could not alter the law.
· Mr. Angier is acting cashier in the Oriental Bank →→ He knows that letters have been sent to Canton from the Bank by the Corsair, but only along with treasure. They were not paid for witness has paid a saber tion to the Corset from the Bank, but he does not remember the words of the order ----
Mr. Bevan ie a clerk in Mesere. Gemmell & Co's. -they are subscribers to the Corcair. Identifies the signature of the firm to the subscriptim paper. He write to Canton every might has given letters to a coode to be taken on board the Corear and hag received answera to these letters from Canton. Some of these letters were accompanied with goods, some were not. They were not all consignora letters. – He thinks this has been done for fully a year, He: 122 received letters marked "per Corear but cannot say how often. It was out once or twice fo night, but not regularly the subscriptions have been paid.
board cannot of his
has not sent
ceased for one or two months on account of the re fusal to take them.
Cross-examined. He has once or twice taken lettere on board himself and gave then to a pereun he thin to steward -Ha not been any delivered from the Corsair they came by coolies. He was at one time acting Post-master here. There never was a Post- office established at Canton. He sent the letters by a Fast-boat and they were delivered to the Cong He should say there was no post to Canton, but doe not know. The letters are not delivered at Canton All letters he took came by the overland mail and were paid-thinks the rate of postage the same to any part of China. The Post-office notice states the rate to China not to Hongkong, and he thinks no farther postage was chargeable--none sent were from Hong- kong to Canton that witness knows of.
Mr. Gaskell then addressed the Jury for the De- fendant. He stated that Canton was not within Her Majesty's dominions or within the list of places where a Post-office is established. The interpretation clause excludes China. All penal statutes, must be strictly construed and in this act Poets is the word used therefore unters there are posts established it can- not apply. Besides why allow an accumulation of guilt and not give timely warning? The Govermanent have profited by the steamer and the public hava benefited. All knew how short time had of late elapsed between the arrival and departure of the over- land steamers and were the correspondence interrupt. ed but for a single mail, what must have been the -result, what the effect upon the vast mercantile in- terests of this portion of the world, and from which alone a revenue of some millions were annually de- rived. Ho Mr. Gaskell was but little acquainted with statistical matters but he knew it was mil. lions that were so derived-why single ous Captein Larkins as the object of this prosecution-why attack the individual who had been of the greatest servine to the community in this respect; if a law against cury- ing letters existed, there where others who were equal. ly infringing it. Captain Larkins had brought out the Corsair at a great risk and expense to himself, he had benefited by it no doubt, but at the same time so had the prosecutors in this case-the Government inef This information would have come much better at the hand of a common informer thap from Her Majesty's advocate, one of whose peculiar privileges was to elect as to whether actions of this nature should be .commenced or otherriae.
Mr. Gaskell than closed his address telling the jury that they were the best judges of the value of the evi dence given, concluding that nothing had been proved against the Defendant. That the principal portion of the evidence was hearsay and which could not he legally taken to account by them, and that his Lord. ship would direct them on that point much better than be possibly could do-He left the case in their bands, unhesitatingly and felt convinced that the De.. feudant would be entitled to their verdien.
The Judge in summing up said the first point to be decided was whether or not a post was established between this and Canton-if so, the case came withiä the statute. The next point was whether Captaių. Larkins has infringed on the privileges of that Post office, if existing. The evidence of Mr. Hyland be thought might be considered to set the first point at rest. It was for the Jury to decide on the other and also how often a breach of the law has taken place, if at all. You are left in the dark as to dates- and it must have been continued for a week to justify. the infliction of a penalty. If the vessel has been a whole week waiting for Letters she may be considerest to bave been for that week engaged in breaking the act, but a single act for one day was not sufficient- His Lordship then read over the evidence.
Oa
The Jury retired for a short time to consult. returning to the Court the foreman said they had agreed on a verdics of guilty, but stated they had very great difficulty in fixing the number of lines.-The Chief Justice observed "I do not wonder at it." The foreman said they had found three instances proved but as the dates were not specified they had no prod that all three were not in the same week. They there fore gave Captain Larkins the benefit of the doubt and found a verdict for one week 2100, The fore-" man farther observed that they considered the authe rities had acted very improperly in allowing the prac tice to go on so long unchecked: and requested that a representation might be made to His Excellency for å remission or mitigation of the penalty,
The Attorney-General said be should represent this recommendation to the Governor.He hai treen only a short time here and took up the case as soon as bo could get information.
EXTRACTS PROM CORRESPONDENCE RELAT- ING TO THE MEASURES ADOPTED FOR THE RELIEF OF THE DISTRESS IN TRELAND, FROM JULY, 1846, TO JANUARY, 1847.
PRESENTED TO PARLIAMENT,
(From the Economist )
I The extrmote from the Commissaris:" Correspondents are marked ri thoes from the Board of Worka" Cu- respondence am marked w FinsT.-Showing the effect of Government interft. rence in depriving the country of local aid and
assistance.
In my opinion, the gentry who usually employ ed a considerable number, will now discontinue to do so, owing to their considering it hard that these persons should be supported by them, and also that they should be obliged to contribute largely to the public funds; and therefore
many of the labourers
though their loest
heretofore getting aort to the public works.
employment must now
*, p 125.
The accumulation of misery in Skibbereen is cer tainly very fearful- degree of abject want and wretchedness which I have never before witnessed in any part of the world; but it is famine" in the midst of plenty for there are few better supplied, or cheaper markets in the county of Cork; and the town of Skibbereen is, to all outward appearance, sufficiently well conditioned to assist the starving portion of its population.
I have met the commitles, who, up to this moment have no subscriptions, su candidly told me nothing but
public works had been done for the wretched, I have appealed to their Eunnily and character, pointing out the frightful consequences of neglect of the nor and the eternal disrace that must rem
} on mich conduel. They profess to be rouers. tell them, & You, who cannot give money, give your
ger, or whey you Cage forward Bed
the wisdom of Mar
the Corson for four
lechua ph
before they would renew Laur