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I do not hesitate to say that I know of no law giving such extensive and uncontrolled powers to a non-judicial officer or to any Court or Judge. For many reasons it is most undesirable to grant such powers to anyone, and such a measure is totally opposed to present policy and opinions.
The statement or assurance made, that the ordinance will be carried out with every consideration to the Chinese, that confidence may be or ought to be placed in the Governor, and such like arguments are quite beside the question, every bad law might be supported on such grounds, the question is not as to the administration of this ordinance, but whether per se it is a good law, and one which it is necessary or advisable to pass. Very many and strong objections may be made against it. No safeguards are provided for the person summoned, and in the hands of an unprincipled or despotic ruler it may lead to very many abuses. I agree with the objections against it which are fully set out in the 11th paragraph of Mr. Whitehead's protest, which deserve serious and careful consideration. Moreover, it adds another item to the already long list of "State" created offences or crimes. The question to be decided may be a small and unimportant one, and yet the person may be punished for giving false evidence, perhaps on some detail of no material consequence.
(2)
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