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will promptly nominate a Committee of Investigation, and will report the results of that Investigation, as regards the position of the various parties concerned.
Every official assistance will be given to the Inquiry, and His Excellency is not desirous of limiting their powers by pointing out any particular course of proceeding. The use of the Council Chamber will be at the disposal of the Committee should such be their pleasure.
To be communicated to the Hon. the Chief Magistrate, who is requested to convene the Justices at as early a period as practicable, with the view of giving effect to the object of this memorandum.
(Signed)
True copy.
W. T. BRIDGES, Acting Colonial Secretary.
(Signed)
J. B.
HONGKONG, 30th July, 1858.
SIR,—In reply to your letter of yesterday's date accompanied with the report of the Commission appointed by H. E. Sir John Bowring for enquiring into certain charges in which Mr Caldwell is the accused, and soliciting the opinion of the Justices on the conclusion arrived at—I beg to state that, on perusal of the report it appears that the Commission find Mr Caldwell guilty, by a unanimous vote, of a long and intimate connection with the notorious Pirate (Ma-chow Wong) now under sentence of transportation, and also of other serious charges incidental thereto, yet, notwithstanding this, by a majority of voices only, the said Commission do not see sufficient grounds to recommend the removal of Mr Caldwell from the Bench of Magistrates.
With the above facts, as recorded in the report simply before me, and assuming them to be true as they are declared to be, I cannot but agree with the minority of the Commission, and consider Mr Caldwell unfit to retain office as a Justice of the Peace.
I am Sir,
Your's faithfully,
The Hon'ble T. C. ANSTEY, Esq.
JOHN D. GIBB.
HONGKONG, 30th July, 1856.
SIR,—In reply to your letter of the 29th instant, addressed to the Justices of the Peace for the Colony of Hongkong, enclosing copy of the report by the Caldwell Inquiry Commission, I beg to inform you that, taking as true the facts which the Commission report to have been proved before them, my opinion is that Mr Caldwell is unfit to remain in the Commission of the Peace, and that the thanks of the Justices are due to you for having been the means of promoting the investigation.
I have the honor to be,
Sir,
Your obedient servant,
P. CAMPBELL, J. P.
The Hon'ble T. C. ANSTEY, Esq., Her Majesty's Attorney General for Hongkong.
HONGKONG, 30th July, 1858.
SIR,—In reply to your note of yesterday, accompanying the report on the Commission of Enquiry on Mr Caldwell I beg to inform you that after a careful perusal of the report I certainly concur in the opinion of the minority.
I have the honor to be,
Sir,
Your most obedient servant,
JOHN RICKETT
The Hon'ble THOMAS C. ANSTEY, Esq., Her Majesty's Attorney General for Hongkong.
HONGKONG, 30th July, 1858.
DEAR SIR,—I beg to acknowledge your letter of yesterday's date, addressed to the Justices of the Peace of this Colony, and including copy of a report of the members of the Caldwell Commission. In replying to the request therein, whether I concurred with the minority or the majority of the Commission of Inquiry in the conclusion of the report, I beg to state that I agree with the minority, and after a careful perusal of the report in question am fully confirmed that Mr Caldwell is not fit to remain in the Commission of the Peace.
I remain Dear Sir,
Your's faithfully,
JOHN DENT, J. P.
The Hon'ble T. C. ANSTEY, Esq., Her Majesty's Attorney General for Hongkong.
Attorney General.—Do you consider that the Defendant intended any reflection on either of the Councils, in using the word Government?
Dr Bridges.—I understand it to include the Executive Council; properly speaking the Governor is the Government here.
Court.—You mean the Governor and the Executive Council?
Dr Bridges.—Yes.
Attorney General.—You understand the word Government used by Mr Tarrant to refer to the Governor and the Executive Council?
Dr Bridges.—If I am to give a distinct answer, I think the libel is against Sir John Bowring as Governor, and myself as organ of the Government; but it is hard to say exactly where the Government is to be found in this Colony.
Attorney General.—Why is it difficult to understand in this Colony?
Dr Bridges.—My experience has made it difficult. Since Sir John Bowring has been Governor, there have always been some persons possessing considerable influence with him, varying at different times; sometimes it was the Attorney General, sometimes it was not.
Attorney General.—As the Defendant is called upon to prove the inducement, why do you consider a libel upon Sir John Bowring and yourself a seditious libel upon the Queen's Government?
Attorney General.—The charge list goes home to Secretary of State by the mail which closes on the 16th; the Commission not issued till the 20th; charge communicated till after office hours on Saturday the 22nd; and the letter protesting against the correctness of charges not until the 24th. The Commission did not issue until the 27th of the same month. Would it not have been more correct to have said, that the charges were prepared by a person who had not brought the accusation?
Dr Bridges.—No. It was hard to say precisely where the charges were to be found in your communication. They were spread over a large space.
Resolved," That Mr Anstey is properly present at this meeting, as a Justice of the Peace." Moved,—By Mr Lyall, seconded by Mr Forth.
That a Committee be appointed to investigate the charges stated in the Government memorandum of the 7th instant, which (has been read) to have been brought by Mr Anstey against Mr Caldwell."
To which,—It was moved as an amendment, by Mr Pont, seconded by Mr Gibb, and—
Resolved," That the Justices, with all due respect to His Excellency, do not consider that they can enter into any examination of the charges brought against Mr Caldwell, as Registrar General."
Mr Anstey, Mr May, and Mr Inglis, did not vote on the above amendment, having previously stated that they declined to do so.
Attorney General.—Were not the charges brought in part compiled from a letter addressed to Lord Stanley?
Dr Bridges.—Any distinct charge in the letter to Lord Stanley would have been included of course. The Commission was appointed because the Justices of the Peace refused to take the matter up, and His Excellency did feel that the Executive Council should undertake it, if so, as a dernier resort, a Commission was appointed.
Attorney General. (Reads his letter submitting the whole matter to Lord Stanley.) Does not that letter show that the writer intended to accuse Sir John Bowring?
That the Chairman do communicate with His Excellency.—
The meeting then adjourned sine die.
Dr Bridges.—It is very difficult at all times to make out the drift of the Attorney General's letters, but it appeared to me to express a wish to change the tribunal by which Mr Caldwell should be tried; that is, by the Secretary of State.
#
"Attorney General.—Was not a request for a Commission to inquire into charges against Sir John Bowring, preferred to the Government at home?
Dr Bridges.—No.
(The Acting Attorney General agrees that the correspondence on this subject should be laid before the jury, and amongst them were the following:—
"Minutes of a special meeting of the Justices of the Peace for the Colony of Hongkong, held at the Magistracy, on Wednesday, the 19th May, 1858.
Present, The Hon'ble St. G. Cleverly, Esq.
Charles May, Esq.
The Hon'ble George Lyall, Esq.
John D. Gibb, Esq.
John Rickett, Esq.
The Hon'ble W. T. Bridges, Esq., D.C.L.
Angus Fletcher, Esq.
The Hon'ble T. C. Anstey, Esq.
John Scarth, Esq.
The Hon'ble H. T. Davies, Esq.
A. L. Inglis, Esq.
The Hon'ble John Dent, Esq.
F. Forth, Esq.
The Hon'ble H. Tudor Davies, Esq., having been voted to the Chair.
Read,—Letter summoning the meeting.
Read, Memorandum from His Excellency the Governor to the Acting Colonial Secretary (copy annexed).
To remove an objection suggested by Mr Anstey it was—
(Signed) H. TUDOR DAVIES,
Chairman.
(Copy of documents above referred to)
I.
COLONIAL SECRETARY'S OFFICE, VICTORIA, HONGKONG, 17th May, 1858.
SIR—I have the honor to forward herewith a memorandum which His Excellency the Governor directs me to transmit to you.
I have the honor to be,
Sir,
Your most obedient servant,
(Signed) W. T. BRIDGES,
Acting Colonial Secretary.
The Hon'ble the Chief Magistrate,
&c., &c.,
&c.
II.
MEMORANDUM.
The Hon'ble Chisholm Anstey, J.P., has brought against Mr Caldwell, J.P., sundry accusations of the very gravest character. These accusations were publicly made at a meeting of the Legislative Council on the 14th instant, and have also been the subject of a communication from Mr Anstey to the Acting Colonial Secretary, in which Mr Anstey desires his resignation as a Justice of the Peace may be accepted by the Governor, unless Mr Caldwell be removed.
His Excellency has not thought fit at present to allow Mr Anstey to withdraw, but has advised him that he will see that proper enquiry be made into the alleged criminality, and take such ulterior measures as circumstances may justify, and demand.
As these questions so intimately concern the administration of Justice, and the purity and integrity of the Magistrial Bench, His Excellency requests that the Justices of the Peace will promptly nominate a Committee of Investigation...