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stead and appreciate and the Committee would respectfully urge on Your Lordship that a strict adherence to the principles now submitted to Your consideration, would be the course most consonant to the dignity of Her Majesty's Government, and to the real reciprocal interests of both Her Subject and the Chinese people.
25.-The Third ground of complaint stated above, is the finality of the decisions of Her Majesty's Superintendent of Trade, in all cases between British Subjects and other foreigners or Chinese, both on appeal from the lower Consular Courts, and in original suits before himself.
26-The order in Council of June 1853 expressly limits the Supreme Court of Hongkong to a Concurrent jurisdiction only with the Superintendent of Trade, in all cases between or against British Subjects; and declares the decisions of that officer to be final, in all cases arising from the violation of Treaty Stipulations, or from disregard or infringement of rules and regulations for the observance of the Stipulations of such treaties, the Supreme Court being interdicted from taking any cognizance of this class of offences.-
27. The vast interests involved in the foreign trade with China entitle Her Majesty's Subjects resident in the Country, in the opinion of the Members of this Chamber, and of the Commercial Community generally, to be placed in regard to appeals from the local tribunals, on as favourable a footing as British residents in any part of the world. In Her Majesty's Colonies and Empire of India appeals to the Privy Council, in cases of a certain magnitude, lie from the decisions of Her Courts though presided over by professional judges and there seems to be no valid reason why the privilege should be denied to Her Subjects in this respect in the class of cases now excepted. On the contrary many strong and self-evident reasons naturally suggest themselves why in this Country the right of appeal should be allowed. Among them, (though by no means one of the greatest force,) is the present union of diplomatic and judicial functions in the British Representative. It is a union that, notwithstanding the acknowledged great ability of Sir Frederick Bruce, tends to weaken public confidence in his decisions and it may also be remarked that his residence at Peking, although politically necessary and of the highest importance, is obstructive to the speedy discharge of his judicial duties. The Committee therefore, as representing the feelings and desires of this Commercial Community, earnestly crave Your Lordship's special attention to this Subject, and your favourable consideration of the general desire to have the restrictions of the order in Council of June 1853 modified in respect to appeals home.
28.-It is unnecessary to dwell on the 4th named in the list of grievances-the practical impossibility of applying a check to any high-handed proceedings of the foreign Customs-for it follows as a natural consequence of the existence of the grounds for the other three. So long as Consuls can, under the protection of orders from a superior officer, whose acts cannot be resisted, refuse to discharge any duties imposed on them by Treaty, so long, with the present official leaning to the Chinese Customs, will it be impossible to check the proceedings of that establishment, for no machinery exists by which the execution of the Treaty functions of the Consuls can be otherwise enforced.
29.-Mixed Courts for the adjudication of cases arising out of infraction of Custom-house regulations under Treaty have been suggested, but the Committee abstain from any discussion of them, because they concur in the general conviction, that the right of investigating such cases prior to seizure or confiscation is inherent in the Consuls by the terms of those Treaties. They would however submit to Your Lordship's favourable consideration, that a Court similarly constituted to those actually in existence in Turkey and Egypt, in connection with the Consular establishments, would be quite beneficial, and is as urgently required, in China as in those other Countries.
30. It now only remains for the Committee to refer briefly to the present policy of intervention by Her Majesty's Government in the internal affairs of the Chinese Empire. This in their opinion becomes necessary from the confident but erroneous statements made by imperfectly informed parties at home, that the foreign Merchants as a body are well satisfied with, and approve of that policy. An additional and powerful reason for adverting to it, is afforded by the remarkable difference in the policy itself as explained in Parliament, and as interpreted by the acts of the Military Authorities on the spot.
31-The great majority of the respectable Commercial classes, (foreign,) in this Country strongly disapprove of the present action of our Authorities, and many persons even, who at an earlier period gave all their influence in opposition to the maintenance of neutrality, have seen reason materially to modify their opinions. The Commercial body for the most part have no faith whatever in the regeneration of China by such foreign aid as is now afforded; nor do they believe, that hearty co-operation in introducing the foreign element into the various branches of the Chinese public service can be expected from any native officials, beyond perhaps the few men at Peking within the personal influence of foreign Ministers. The foreign Merchants, with few if any exceptions, are impressed by the belief, that there is a deep and wide-spread feeling of animosity to foreigners in the governing classes; and that these very naturally view with great jealousy the pretension of foreigners to almost independent power, in three such important branches of the Government as the Maritime Customs, the newly formed Marine, and the Military organization of their corps and that the events of the last three years have made a bitter sense of humiliation the prevailing feeling of the Chinese in regard to foreigners.
32-It may now be too late to withdraw from Shanghai with either safety or honour; but there can be no difficulty in restraining the energy of our Military chiefs within the defined 30 miles radius round that City and Settlement:-and the extension of the system of protected areas round the other treaty ports would, in the general opinion of foreign residents in China, be a most serious mistake, and one much to be deprecated. The latest intelligence from the North reports the occupation by British troops of Taltsan and Quinsan, the latter post being 60 miles distant from Shanghai; and this is far from being a solitary instance of the manner in which the professed limitation of Military Action to the defence of the above-named area is apparently understood.
33. The relaxation of the provisions of the Foreign Enlistment Act in favour of British Subjects taking service in the Imperial Army and Navy, has attracted to this country crowds of foreigners of all nations, and for the most part of very lawless habits who are equally ready to take service with Imperialists and Taipings, or to engage in any deeds of violence. The evil has become a most serious one; and the question of under what law foreigners, when serving China, are to be dealt with, must seriously complicate the already anomalous relations of foreign powers with the Empire. There can be little doubt that all men, so circumstanced, would equally claim their Country's protection as against the Chinese, and the immunity of the latter from foreign jurisdiction as against foreigners.
The deep importance to Foreigners in this Country of the several matters, now submitted to Your Lordship, will the Committee believe plead their apology for the great length of this communication, and for their again earnestly requesting a reply to it. I have the honour to be, My Lord, Your Lordship's Most Obedient Humble Servant.
Jas. J. MACKENZIE, Chairman
APPENDIX D.
J. J. Mackenzie Esq., Chairman of the Hongkong General Chamber of Commerce, to
William Wakinshaw Esq., London.
HONGKONG GENERAL CHAMBER OF COMMERCE, VICTORIA 26th August, 1863.
SIR,-The Committee of this Chamber, in concert with the Shanghai General Chamber of Commerce, are desirous to have a Telegram forwarded from London to their Secretary, by each Mail, giving the latest possible intelligence: and being well aware of the interest that you took in the formation of the Chamber, feel that the arrangement of the matter could not be placed in better hands, if you would kindly undertake the general wish, and undertake it.
In that hope I beg to enclose a form of Telegram, drafted here and approved in Shanghai, which the Committee are of opinion would fully meet the views of the Members generally.
The mode adopted by me in making a similar arrangement some years ago for the Calcutta Chamber of Commerce, was to engage the services of a party occupied professionally in collecting statistics for the Public Ledger, and guarantee him an annual payment (paid quarterly,) exclusive of the Cost of Messages.
The Committee will with thanks sanction my plan you may propose consistent with the wishes of the two Chambers to have the latest intelligence; and on hearing from you of your willingness to undertake the commission, with an estimate of the probable expenses, will lose no time in placing the Requisite funds at your disposal.
Anticipating your favourable reply to this communication,-I am, Sir, your most Obedient Servant,
FORM OF MESSAGE.
1-Cotton, Raw China.
Do. Manufactured. Shirtings, Grey. Drill, White 64 reed.
Yarn,
2. Silk, Chinese and Japanese, higher or lower.
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