395
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if referred to the home authorities. I have never heard anything further about it. The partial exception was that of Mr May, the Chief Superintendent of Police; but when the matter in question was looked into, I found that I was in error in assuming that disobedience was intended by Mr May.
Attorney General. ---- contumacious?
Attorney General.-I do not know how we stand. I do not want to agree to any assertion of Sir John Bowring's generosity.
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matters of official confidence. I have not seen the Governor for six weeks, but his instructions to me when in office
Dr Bridges.--I put myself entirely in the hands of Your Lordship, as to the matter of official confidence.
Attorney General.-Well, this book of the Colonial Relations is a public document, and you have no need to make the objection of official secrecy, but each of the witnesses will, and hereafter it will be said "I never infringe on official confidence when referring to it." Touching the duties of Governors, has there been any alteration?
Dr Bridges.-On one occasion in the Council.
Attorney General.—I was wrong in asking you so soon; it was done by the sanction of the Court." I have not finished. (Varies his question.)
gave an answer.
Attorney General. On the 14th of May, did not a question arise as to the power of the Registrar General to act independently of the Colonial Secretary in the course of a debate on the Markets' Ordinance?
Dr Bridges. I do not know whether this of 1856 is Court. Dr Bridges says he has His Excellency's permission to answer any question he pleases.
Attorney General. Just hear me out, if you please, before answering. Was not this nearer the mark as to what took place at the debate in the Legislative Council? Mr Davies, the Chief Magistrate, taking part in the discussion.
Dr Bridges.—And that he has to draw up the Blue Book—that is all. The instructions to the Governor from the home authorities are confidential; the Commission is
Dr Bridges. I said never, but I do remember that he asked me one day in the Legislative Council, “Do you consider yourself justified in assuming such powers?" My answer was, that I took no power as of myself, but was only as it were the shadow of the Governor; and the Chief Magistrate said to the best of my recollection, "I was satisfied." It was not a proper place for the question to be put, but sooner than leave the matter in doubt I replied that such could not arise, because he would not presume to exercise such authority until having first spoken to you. On which the Chief Magistrate said "That brings me to a point on which I have long wished to speak to you respecting that circular of the 26th of January. I have never obeyed it. I ask you whether you consider that you can go to the Superintendent of Police and say you shall not arrest so and so, or otherwise; or go to the Attorney General, and interfere in his office; and whether you claim to exercise such powers without using the Governor's name, because, if so, I shall take the pleasure of the Secretary of State on the point, and should he decide against me, I will not hold the office of Chief Magistrate on such degrading conditions." Was not that the substance of his observations?
Dr Bridges.—I do not recollect.
Attorney General.-Did not another member of the Legislative Council take the pleasure of Lord Stanley on the subject?
Dr Bridges.-Yes; in referring to other matters he introduced that; but that you yourself were party and put the question, I should not have felt at liberty to answer it.
Attorney General. I have long ago absolved all persons whatever from all delicacy in matters relating to myself. (Addressing the Court)-Your Lordship, Dr Bridges, a witness in that box, cannot make any objection to such questions as I think fit to put.
Court. He is at liberty to state what questions he declines to answer.
Dr Bridges. There are legal restrictions, which even the Governor himself cannot absolve me from, as to revealing Government secrets.
Court. I think the Governor can give you that liberty.
Dr Bridges.—I merely wish to put myself in your Lordship's hands. There is no oath of secrecy taken by any of the Government servants, with the exception, perhaps, of the Clerk of Councils.
Attorney General.--The Acting Attorney General said to-day in the course of his opening address, that Sir John Bowring considered himself as much on his trial as the defendant. If there is any intention to narrow that issue, let it be stated. Your Lordship will take note whether the Counsel exceeds his instructions or not.
Court. The sanction rests with the Governor.
Acting Attorney General.-I merely said that to a certain extent members of the Government service were bound to secrecy; but the Governor would give his sanction to the fullest revelation.
Dr Bridges.-I think the Chief Magistrate spoke about ten words, certainly not the fiftieth part of what you have been saying.
They might have been something to that purport, but nothing was said about resignation.
Attorney General.-If Mr Davies said to the contrary, would you still adhere to your statement?
Dr Bridges.—If 5,000 people said the contrary I should still adhere to what I have said. His expressions did not refer to Mr May nor to his own department. He spoke again on the same subject shortly afterwards.
Attorney General. That is more than ten words according to your own statement.
Attorney General.--I am not at liberty to ask the contents of those despatches, but I may ask, has the Governor been instructed by the Secretary of State to delegate the functions of his office to any person whatever while in this island?
Dr Bridges.--I cannot speak of any; I have seen the instructions, and may say that none ever came to my knowledge.
Attorney General.--There are none in his Commission from the Governor.
Dr Bridges--I should know if there were.
Attorney General-I wish you to check my reading of the circular which I now put in, defining the duties of the Colonial Secretary, (reads)--
Hongkong, 26th January, 1858,
His Excellency the Governor is pleased to direct that the following Rules, defining the functions of the Colonial Secretary, be circulated for the information and guidance of all officers of the Colonial Government.
1. That no official communication of any description whatsoever is to be addressed by any member of the Government to H. E. the Governor except through the Colonial Secretary.
2. That the Colonial Secretary is the organ through whom the official instructions of the Government are to be communicated, and that, except on matters of daily routine, the various departments are subject to his authority, as the organ of the Government.
Dr Bridges.-It was about ten minutes or a quarter of an hour afterwards, respecting the right of the Colonial Secretary to control the Registrar General.
Attorney General. Do you remember his saying anything about the consequences?
Dr Bridges. To the best of my belief he did not.
Attorney General-Do you remember his saying he had always disobeyed the memorandum?
Dr Bridges.-No.
Attorney General.-Mr Forth, I believe, spoke to the same effect?
Dr Bridges.—I will not be positive that he did or did not; he spoke to me about it afterwards several times.
3. That before submitting any official document to H. E. the Governor, it is the duty of the Colonial Secretary to satisfy himself that the document in question is of a proper nature for the notice of the Supreme Power: and should he entertain any doubts on this score, the Secretary is authorised to remit the document in question for correction, and, in extreme cases, to decline altogether to submit it, recording his reason for so doing.
4. That every document submitted to H. E. the Governor may be observed on by the Secretary, for the information of H.E., and that the former is expected to point out anything in such document he deems worthy of observation.
5. That the Secretary is bound to report to H. E. the Governor every matter of importance which may come to his knowledge; but that, with regard to questions of detail, which may be submitted to him, he must take the responsibility of settling the same, without troubling H. E. on trifling matters.
6. That the several departments of the Government are, in all cases, to consider instructions given by the Colonial Secretary as emanating from the Governor himself, and the Secretary will be responsible to His Excellency for any abuse of his authority.
Attorney General.--Has this circular received the sanction of the Secretary of State?
Dr Bridges.—I do not know that it has been submitted for approval.
Attorney General.--Not by you, at all events.
Dr Bridges.--I never submitted it, nor do I know that it has been sanctioned.
Attorney General.--I believe this document was sent to all the servants of Government, high and low, on the date it bears.
Dr Bridges.--I believe so. All the signatures appear to be attached to it.
Attorney General. You personally acted according to the tenor of that document.
Dr Bridges-From the time when I first accepted office, I acted on the tenor and purport of those directions.; I may further state, on assuming office I inquired of Mr Mercer and Colonel Caine, my predecessors, what were the duties and functions of the office; from them I ascertained.--
Attorney General.--I object to the reception of hearsay evidence.
Court. But Dr Bridges is going to give what his predecessors in office told him, as a reason for the course which he pursued in the discharge of his duties.
Dr Bridges.-Well, then, in consequence of information I received from those gentlemen, I entertain impressions of the duties of the office conforming to the instructions contained in that minute.
Attorney General.-Did the officers in the public services generally acquiesce in those instructions?
Dr Bridges. Your question requires a double answer. There was no obedience required to me personally, but to instructions conveyed through me as the organ of government.
Attorney General-(Reads that part of the circular respecting the Colonial Secretary taking the responsibility of acting in all trivial matters.) To the best of your knowledge, have the other officers of government obeyed your instructions as though they considered them as emanating from the Governor himself?
Dr Bridges.-Yes; with one exception, and partially, another.
Attorney General.-What was the exception?
Dr Bridges.-The exception, which confined itself to words, was the case of Mr Forth, who objected that in his opinion the authority granted me was too wide, and he offered to bet me $1,000 that it would not be approved of.