No. 12.
CHIEF MAGISTRATE'S OFFICE, VICTORIA, HONGKONG, 10th June, 1856.
SIR,
I have the honor to report to you, for the information of H. E. the Governor, that the enclosed notice in the form of a subpoena, but devoid of all penal conditions, was served upon my Orderly, erroneously designated as my "private servant," one Lie-Asi, yesterday evening at 5 o'clock, and by him placed in my hands with a request for instructions under the premises.
As this quasi subpoena affords me the first indication I have had, that any "matter" is depending, or on foot, in which I, as "late Sheriff of the Colony of Hongkong," am concerned, I now beg leave, with all respect, to enquire of H. E. the Governor.
Imprimis.—Whether any "matter" in which I am concerned, as "late Sheriff of this colony," is depending, or any investigation on foot touching any conduct of mine, in that or any other capacity?
2. If so, I would crave to be informed, specifically what that "matter" is?
3. Whether any Commission has been issued by H. E., or any Tribunal constituted, charged to enquire into any conduct of mine; if so, what that Tribunal is, and where it holds its investigations, in order that I may present myself before it, enquire of the "matter" alleged against me, and claim to be heard in my defence touching that matter, by myself and my witnesses.
I found the foregoing enquiries, which I put with all respect and becoming submission, upon the following facts.
I learnt last night for the first time, that a formal enquiry had been re-opened at the prison in a certain matter in which I am concerned, on Saturday the 7th instant, by Her Majesty's Attorney General, who pleaded to the Prison Authorities "the Governor's Authority" for his proceedings. I find that by virtue of, or otherwise under shelter of such "Authority," the Attorney General has taken against me the evidence of the several witnesses examined UPON OATH, such evidence having been not only taken against me in my absence, and wholly ex parte, but without any notice or intimation of any kind being given me, that such an investigation was on foot, or any Tribunal established, such as I prayed for in my memorial to the Secretary of State, armed with adequate powers, especially with power to administer an oath.
As this mysterious and irresponsible tribunal has this day taken upon it the function of summoning a party, whom it designates as my "private servant," from my private residence, to the private residence of Her Majesty's Attorney General, there and then, in my absence to give evidence upon a certain "matter," the nature of which is not even made known to the witness summoned, any more than to the party accused, I beg leave to know specifically, whether the tribunal in question is or is not armed with legal authority, and whether it conducts the proceedings in question, upon the full knowledge and responsibility of His Excellency the Governor, as is alleged by its representative, the Attorney General.
I deem it but right to bring these proceedings to the notice of His Excellency at the very earliest available moment, after they have reached my ears, and strive to do so, some three or four hours before the departure of the outgoing mail this day, as it is my intention, which I especially request may be conveyed to the Secretary of State by this departure, to lay the whole of these proceedings, in the form of a solemn protest, before Her Majesty's Government by the mail to leave on the 10th of next month.
I have the honor to be, &c.
W. H. MITCHELL.
The Hon. W. T. MERCER, Esq., Colonial Secretary.
109
No. 6,
In the matter of WILLIAM HENRY MITCHELL Esquire, late Sheriff of Hongkong.
To LYE ASI.
You are hereby summoned and required to attend personally before me, the undersigned Attorney General of this Colony, at my dwelling house, or bungalow (late the residence of William Scott Esquire), situated between the Hollywood Road and upper Road, wherein you reside, at the hour of two of the clock in the afternoon of Tuesday, the 10th day of June instant, then and there to answer such questions in the above matter, as shall be by virtue of my said office of Attorney General, propounded by me unto you.
Herein fail not, as Witness my hand and seal at Victoria, Hongkong, this 9th day of June, 1856.
T. CHISHOLM ANSTEY.
(Signed,)
To LYE ASI, of the "Hermitage" in Victoria, Hongkong, servant of WILLIAM HENRY MITCHELL Esq., of the same place, late Sheriff of Hongkong.
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