810
THE LONDON AND CHINA TELEGRAPH.
SUANGHAI SILK SHIPPERS, From 1st June to 28th Sept., 1879,
Adantson, Bell, and Co. Balfour, Butler and Co. Barnet and Co. Birt and Co. Birley, Worthington, & Co. Bain and Co. Bower, Hanbury and Co.... Bourjau, Hubener, and Co. Bovet, Brothers and Co. ... Bull, Purdon and Co. Butterfeld and Swire Chapman, King and Co. Coutts and Co. Dent and Co. Dickinson and Co. Essex and Co. Findlay, Wade and Co. Fogg and Co. Gamwell, F. R. Gibb, Livingston, and Co..... Gilman and Co.
Bales.
352 Jardine, Matheson, and Co. 276 Jarvie, John, and Co. 57 Skeggs, C. J. and Co.
TEA CARGOES AFLOAT.
Bales.
[Nov, 18, 1872]
Shipping Intelligence.
ARRIVALS.
At YOKOHAMA.—From London, Sept. 23, Florence Nightingale.
At SHANGHAI.—From London, Sept. 25, Foutenaye; from Swansea, 23, Daylight; from Liverpool, Nov. 10, Agamemnon (str.); from Cardiff, Whinfel; from Southampton. Deccan (str.).
At HONG KONG and CANTON.—From London, Oct. 1, Golconda (str.), James Vinicombe; from Callao, Emigrante; from Boston, 4, Europa.
At SINGAPORE.—From Liverpool, Oct. 11, Agamemnon (str.); from Glasgow, 7. Saltes (str.); from Sunderland, 8, Stanley; from Hamburg, 11, Harmonia.
DEPARTURES.
From YOKOHAMA.—For London, Sept. 7, Audax; for New York, 16, Emulation; 18, Etta Loring; 23, Leander; 30, Ceylon.
From HONG KONG.—For London, Sept. 15, Penrith; for New York, 18, Jessie Isabel.
From SHANGHAI.—For London, Sept. 21, Priam (str.), Woodlark; From Foochow.—For London, Sept. 29, Zibu; Oct. 1, Eme.
From HONG KONG and CANTON.—For Falmouth, Oct. 2, Hermine.
From SINGAPORE.—For London, Oct 4, Eleanor; Nov. 12, Hector (str.).
SHIPPING POSTSCRIPT.
DEPARTURES.—Nov. 14, from London, for Yokohama and Hiego, Glamorganshire; 13, from Cardiff, for Singapore, Proserpine; 14, Massimo d'Azeglis, Elizabeth Child.
LAID ON.—At London, for Shanghai, Carmarthenshire.
SPOKEN.—Esperance, Newport to Hong Kong, Aug. 12, 33 S., 25 W. Franklin, Batavia to London, Sept. 28, 20 S., 60 E. N. C. D. H. (Amicizia, Italian three-mast schooner), Cardiff to Ceylon, Sept. 29, 16 S., 29 W.
LEGAL.
JUDICIAL COMMITTEE OF THE PRIVY COUNCIL.
HART V. VON GUMPACHI.
This appeal from Her Majesty's Court for China and Japan came on for hearing, and presented some remarkable features. The appellant is a British subject, and occupies an important position in the service of the Emperor of China as inspector-general of customs.
The respondent is a naturalised British subject, and is an astronomer and mathematician. Both met in London in August, 1866, and it was alleged that Hart represented to Von Gumpach that he was entrusted with the formation of a college and observatory at Peking, which college was to be an institution for the teaching to the Chinese of Western sciences and learning, "with a view to the regeneration of China," and that he was to procure a library and appoint professors.
In consequence of these alleged representations, Von Gumpach went to China, and his salary was to be £600 a year. He alleged that there was no such institution, and that he was willing to discharge the duties of his appointment.
He alleged that Hart represented to the Tsang-li Yamen, or Foreign Board, that he had absented himself, and he received an intimation from the Chinese Government that his services were no longer required; and since the 30th September, 1868, he had been unable to obtain any salary.
He brought his action against Hart in Her Majesty's Court, and claimed £3,000 as compensation besides his salary.
The cause was tried before a jury, and they gave £1,800 as damages and 176 taels for money payable to Von Gumpach.
There had been a demurrer and further litigation, and one point urged for the present appellant was that these were privileged communications from him as to the office he held under the Chinese Government.
The Court, after further litigation, decided in favour of the plaintiff (the present respondent), and the defendant (the present appellant) has obtained special leave to appeal to Her Majesty in Council.
He denied the alleged misrepresentations, and stated that the Court at Peking had found in his favour as to the representations, and gave damages to Von Gumpach for the loss of his situation, and for money due on account stated.
He appealed on several grounds—that the verdict was against evidence, on misdirection, and on the privileged communications.
Sir John Karslake, Q.C, with whom was Mr. F. Herschell (instructed by Messrs. Murray and Hutchins), appeared for the appellant; Mr. Benjamin, Q.C., and Mr. Myburgh (instructed by Messrs. Brooks and Co., of Doctors' Commons) were for the respondent, the plaintiff in the original action.
Mr. Benjamin discussed the several points. He urged that the appellant was liable to the respondent for the wrongs he had committed against him.
The Chinese Government had not adopted the acts of the appellant as their servant, and therefore it was not an Act of State.
It was idle for the appellant to say that what he did was by order of the Chinese Government, and that, therefore, he was not amenable to the laws in Her Majesty's Court for China and Japan.
He cited various authorities in support of his contentions that unless a Government adopted the acts of their servant, the servant was liable, and could not shield himself under the authority of an Act of State and justify the wrong he had committed.
Further, the learned counsel submitted that Her Majesty's Treaty with the Emperor of China gave all British subjects a right to resort to the Supreme Court for redress; and it was no answer for the appellant (the original defendant) to say what he had done was as servant of the Emperor when malice was alleged against him.
The question of privilege would not go to such an extent as to shield a man from false representations, and none of the cases cited would support the points raised by the other side.
Mr. Myburgh followed on the same side.
Sir John, in reply, cited several cases in support of the view he had submitted—namely, that the original action could not be maintained, and that the demurrer ought to have been allowed.
It was not an action between two British subjects, as was contemplated by the Treaty, but an action against a Minister of China for an act done as such Minister.
Both parties had been in the service of the Emperor, and the reports made by Mr. Hart were privileged communications, and it was not by merely alleging malice that the protection extended to such documents was to be removed.
The matter was of importance, and he asked their Lordships to allow the appeal.
Sir Montagu Smith, on the conclusion of the arguments, announced that their Lordships would take time to consider their judgment.
COURT OF QUEEN'S BENCH.
IONIDES V. PENDER.
This was a case (tried last term) of some mercantile importance as to marine insurance, especially with reference to over-insurance.
It was an action on several policies of insurance, on goods, on profits, on charterparty, and of commission, amounting altogether to some thousands of pounds.
The defence set up was that there had been enormous over-insurance, and that the ship was not lost by perils of the seas, but had in reality been scuttled.
The policies were affected by a firm at Hamburg, who had chartered and loaded the ship for a commercial adventure to a port La Sineria.
On the voyage the vessel sprang a leak, and is making four inches water per hour in still water.
CASUALTIES.—The Carolina (Spanish barque), from Manila to Cadiz, with tobacco, went a bore on Sandalwood Island. Sept. 15, but got off without damage, after remaining on the reef seven days.
The Hebe (ship, of Rotterdam. Meermans, from Batavia, to Rotterdam, put into Mauritius, Oct. 5, leaky, having encountered a very heavy N.E. to N.W., and S. W. gale Sept. 21st, in lat. 12 S., lon. 93 E., during which
THE LONDON AND CHINA TELEGRAPH.
811
Nov. 18, 1872.
MISCELLANEOUS.
EXTRACTS FROM MEDHURST'S "FOREIGNER IN FAR CATHAY."
After what I wrote in my last letter of the negotiations between the commissioners of the two legislative bodies of this city having been broken off because they could not come to an agreement on the vexed question of the Bank Valuta, your readers will no doubt be greatly surprised to hear that, after all, the affair has been finally set at rest and disposed of by a compromise, both sides having given way to a certain extent.
The draft of the Bill sent by the Senate to the Burgerschaft, but rejected by them, served as a sufficient basis for a rapprochement, and as both parties were agreed in principle, and only differed on certain, though important, points, the door was again opened for discussion.
An abstract of the amended Bill as agreed to is as follows :--
Law for the Alteration of the Hamburg Bank Valuta.
Art. 1. Closing of the Accounts based on Silver Bars.—The date is fixed for the 15th Feb., 1879, the Burgerschaft originally wishing it to take place within eight days, and the Senate inclined to keep them open for six months longer.
After the above date the balances of accounts can only be repaid in silver bars.
Art. 3. Denomination of Payments in the New Currency made through the Bank.—In all agreements and contracts where payment is stipulated to be made through the Bank, it is required to write after the amount the letters B.Z., which stands for Bank Zahlung, or Bank payment.
I have dwelt thus much upon the characteristics of the servants employed by foreigners, not only to show how they fare in this particular, but because these servants are the only natives with whom the foreign merchant comes more immediately into contact.
The opinion prevalent at home that foreigners mingle in Chinese society generally is altogether a mistaken one.
The conventional rules of the Chinese are so constituted, and their habits of thought and customs so peculiar, that there is little or no encouragement to court acquaintance on either part, even were the entire ignorance of each other's language not to present a serious bar in the way of an interchange of ideas.
There is a class of Chinese brokers and middle men who haunt the offices of the merchants, but they are mostly shrewd, clever upstarts, whom the difficulties of interlingual communication have introduced into the trade, and, with rare exceptions, they lay no claim to respectability even with the Chinese themselves.
The language employed between these brokers and the merchants is a jargon made up of English, Portuguese, Chinese, and Malay words, tortured into unrecognizable shapes and constructions, and it is little fitted to sustain any conversation beyond what appertains to the mere technicalities of trade.
I have frequently expressed to our merchants the opinion that it is a pity they do not take the trouble to learn the Chinese language.
It is an acquirement in the spoken form to an extent sufficient for all practical purposes; offers no difficulties that an average intellect and a moderate share of determination cannot surmount, and familiarity with it would have the effect of freeing the foreigner from the domination of roguish brokers and compradores, at whose mercy he now lies, whilst it would open the way to a more extended acquaintance and friendly intercourse to the mutual advantage of both parties.
There is perhaps no country in the world frequented by the English-speaking race in which merchants are so lamentably ignorant of the customs and resources of the locality in which they live as they are at this moment in China, and this is entirely to be attributed to a want of familiarity with the language.
THE SUEZ CANAL.
The Suez Canal Company will continue to insist upon its recent advance of tolls, and declares that it will appeal to the decision of the Government.
The Ottoman Porte has protested, by order of the Sultan, against the competency of the Tribunal de Commerce de la Seine to interpret the Act of Concession of the Canal—a power which belongs to itself alone.
The Turkish Government also maintains that, the company being an Egyptian association, subject to the Ottoman jurisdiction, and having its headquarters at Alexandria, cannot admit a foreign jurisdiction in respect to its differences with third parties.
There is some idea of inviting the Marine Powers to hold a conference at Constantinople, in order to agree upon a uniform system for the measurement of tonnage.
Foreign Intelligence.
GERMANY.
(FROM OUR OWN CORRESPONDENT.)
HAMBURG, Nov. 12.
Art. 4. Belehnungen (or advances on deposits).—After the close of the silver accounts the Bank is authorised to receive as deposits the foreign coin hitherto accepted, as well as gold and silver bars, and credit the depositors for the amount in the new currency, according to the regulations drawn up by the administrators of the Bank and having been approved of by the Senate.
Art. 5. Deferred fulfilment of obligations to pay in Banco.—After the closing of the silver accounts, all still outstanding engagements in Hamburg banco or in species banco, whatever may be the period of their origin and the nature of the claim, must be settled by Bank payment in Imperial gold coin, or in double or single silver thalers of German mintage, at the fixed rate of 150 marks new currency for 100 marks banco, with an agio of 18 per mille for species banco.
Bills of exchange falling due on the 15th of February, but not presented for payment till after that date, are to be calculated at the officially quoted price of silver on the day of their maturity.
Art. 6. Transitory Regulations.—During the period of transition, viz., from the date of the opening of the accounts in the new Imperial currency till the 15th of May, 1873, creditors of the Bank may have the amount of their balance in Banco transferred, partly or entirely, to their account in the new currency at the fixed rate of 145 marks Imperial currency for 100 marks Banco, as such transfers are to be considered as Belehnungen, or advances on deposits.
The sum thus transferred may, at any time during the period of transition, be re-transferred to the silver account of the owner; but all such re-transfers must be made before the expiration of the period of transition, in default of which the Bank is authorised to realise the silver for account of the proprietor.
During the period of transition only those who have paid in gold coin or silver thalers are at liberty to withdraw their balances in the same money.
During the period of transition no charge will be made by the Bank on Imperial gold coin or silver thalers paid in or taken out.
The publication of this new law will take place in the course of this week, and the date to be fixed for the opening of the accounts in the new Imperial German currency is expected to be the 15th inst.
But this arrangement has no effect on cash payments made in Hamburg and Lubeck currency, which retain their value as hitherto, till a sufficiency of the new money is coined, which, as the minting operations proceed but slowly, may be deferred for two or three years longer.
It will be seen by the above that the Bergerschaft have abandoned one of the principal points on which they were at issue with the Senate, and that is that the loss sustained by the conversion of Banco into new currency, the agio on silver being at present rather more than one per cent. above par, should be borne by the State.
As it now stands everyone who has Banco will only get 150 marks new currency for every 100 marks Banco, and must bear the loss himself.
The sharp and somewhat bitter remarks made by certain organs of the press in England respecting the award of the Emperor of Germany in his capacity of Arbitrator in the Anglo-American dispute about the San Juan question have found a responsive echo at Berlin; and if these counter remarks have not been translated and reprinted in the English papers, it is perhaps owing to the editors remaining reticent, not to aggravate and increase the ill-feeling between the two countries.
One of your contemporaries says that the award is remarkable for being written in the German language, instead of the customary diplomatic French" to which the Germans reply that this is an exploded idea, quite out of date; that the despatches of the German Government—railway companies have received instructions to discontinue, from December 1, the eddies hitherto praised to emigrants, of a reduction in the fares—amounting in some instances to 50 per cent.—and double allowance of luggage (100 lb. per head).
The number of emigrants that passed through this city to the end of October, 1871, is officially stated to be 37,324 persons, whilst at the same period this year it has risen to 65,151, and before the end of the year will no doubt have reached 80,000.
Dr. Hilgendorf, a native of this city, and formerly director of the Hamburg Zoological Gardens, and now professor at the Royal Polytechnic at Dresden, has received a call to go to Japan to prepare young natives for their subsequent studies of medicine at German universities.
A considerable number of Japanese are now studying at Berlin, Leipzig, and Heidelberg.