28
Hong Kong Annual Administration Reports, 1841-1941
climate. But it is plain that such is not your own case, as among the personal sacrifices which you state you are ready to make for the public benefit, is the probable injury to your health," in quitting Hong Kong at the commencement of the hot season, to proceed to England.
Lord Stanley having appointed you to the responsible office of Colonial Treasurer, the substitution without absolute necessity, of any other person in your place, is an act of responsibility on his own part which the Governor does not feel justified in incurring.
Giving you full credit for all that you claim for yourself in the letter under reply, the Governor is bound to state that he has not received the slightest intimation from Her Majesty's Government (which alone can authorize his acts) concerning your employment in the ways which you mention. Every paper, however, that you thought fit to offer has been forwarded home to the Colonial and Foreign Offices, and the same mode of communicating your sentiments, in the fullest manner in writing, is always open to you. At each of the five consulates, a gentleman bearing Her Majesty's commission as Consul, has been placed for the express purpose of supplying the fullest and most careful information, and it is the duty of the Governor, as Plenipotentiary and Chief Superintendent, to report this to Her Majesty's Government, with a previous experience of Chinese diplomacy and commerce not inferior to your own.
Until, therefore, a stronger case of necessity can be made out than the one conveyed in your letter, the Governor, with the unanimous concurrence of the Executive Council, regrets his inability to sustain that degree of responsibility which must always attach to his acts where they deviate materially from the plain course indicated by his instructions and the usages of the service.
R. M. Martin, Esq., Colonial Treasurer, &c. &c.
I have, &c. (signed)
Frederich W. A. Bruce,
Colonial Secretary.
Sir,
Enclosure 3, in No. 6.
Colonial Treasury, Hong Kong, 24 June 1845.
I HAVE the honour to acknowledge the receipt of your letter of the 19th instant, conveying to me the refusal of his Excellency the Governor to my application for six months' leave of absence, on the following grounds-
1. "That the regulations by which the Governor is bound, as to leave of absence, are clear and peremptory, confining such leave to cases of serious indisposition requiring change of climate."
2. That "his Excellency does not feel justified in incurring an act of responsibility by the substitution of another person in my place," &c.
3. That "by granting the leave sought, his Excellency would materially deviate from the usages of the service."
In reply, I beg to observe that, 1st. the words of the Regulations (c. iv, p. 25) are “leave of absence should be confined as much as possible to cases of serious indisposition requiring change of climate." The regulations then proceed to define when leave of absence should be granted on private affairs. A fortiori, leave may be granted on public affairs.
2d. By granting the leave sought, no responsibility whatever would be incurred by his Excellency, as my sureties would stand good during my absence, as well as those of my locum tenens.
3d. By the usages of the service, colonial officers frequently obtain leave of absence to proceed to England, irrespective of sickness.
But even were the regulations clear and peremptory against leave of absence being granted except in cases of imminently fatal illness, I venture to think that the novel and peculiar position of Great Britain in China, the nature and prospects of this island as a new settlement, and the many years I have devoted to the study and personal examination of other colonies, and to an investigation of the commercial and financial relations of England, might have rendered me an exception to the general rule, particularly as my temporary absence could be no detriment to the public service, and as I offered to take upon myself all the responsibility of my proceedings.
I put aside the question of my health (although it has been materially shaken by my residence and mental labours here). Life or death is of little moment compared with the great interests which England has at stake in China. These interests are too vast and pressing to be affected by individual considerations, or by the ordinary usages and proceedings of the service, which are applicable to every day occurrences.
Whether I am right or wrong, I have endeavoured to demonstrate in my reports and minutes, that our affairs in China require immediate and special reconsideration and revision; that time and experience have made manifest several mistakes, which if not rectified previous to the evacuation of Chusan, in February or March next, will be a subject of deep regret and serious injury; and that our policy and proceedings are not productive of the extended beneficial results which the British nation has a right to expect in China, and not commensurate with the large expenditure incurred on this coast.
Feeling
28
Hong Kong Annual Administration Reports, 1841-1941
climate. But it is plain that such is not your own case, as among the persoual sacrifices which you state you are ready to make for the public bcncfit, is the probable injury to your health," in quitting Hong Kong at the commencement of the hot season, to procced to England.
Lord Stanley having appointed you to the responsible office of Colonial Treasurer, the substitution without absolute necessity, of any other person in your place, is an act of responsibility on his own part which the Governor does not feel justified in incurring.
Giving you fall credit for all that you claim for yourself in the letter under reply, the Governor is bound to state that he has not received the slightest intimation from Her Majesty's Government (which alone can authorize his acts) concerning your employ- ment in the ways which you mention. Every paper, however, that you thought fit to offer has been forwarded home to the Colonial and Foreign Offices, and the same mode of com- municating your sentiments, in the fullest manner in writing, is always open to you. At each of the five consulates, a gentleman bearing Her Majesty's commission as Consul, has been placed for the express purpose of supplying the fullest and most careful information, and it is the duty of the Governor, as Plenipotentiary and Chief Superintendent, to report- this to Her Majesty's Government, with a previous experience of Chinese diplomacy and commerce not inferior to your own.
Until, therefore, a stronger case of necessity can be made out than the one conveyed in your letter, the Governor, with the unanimous concurrence of the Executive Council, regrets his inability to sustain that degree of responsibility which must always attach to his acts where they deviate materially from the plain course indicated by his instructions and the
of the service.
usages
R. M. Martin, Esq., Colonial Treasurer,
&c. &c.
I have, &c. (signed)
Frederich W. A. Bruce,
Colonial Secretary.
Sir,
Enclosure 3, in No. 6.
Colonial Treasury, Ilong Kong, 24 June 1845.
I HAVE the honour to acknowledge the receipt of your letter of the 19th instant, conveying to me the refusal of his Excellency the Governor to my application for six months' leave of absence, on the following grounds-
1. "That the regulations by which the Governor is bound, as to leave of absence, are clear and peremptory, coulining such leave to cases of serious indisposition requiring change of climate."
2. That "his Excellency does not feel justified in incurring an act of responsibility by the substitution of another person in my place," &c.
3. That "by granting the leave soughn, his Excellency would materially deviate from the
usages of the service."
In reply, I beg to observe that, 1st. the words of the Regulations (c. iv, p. 25) are “leave of absence should be confined as much as possible to cases of serious indisposition requiring change of climate." The regulations then proceed to define when leave of absence should be granted on private allairs. A fortiori, leave may be granted on public
allairs.
ed. By granting the leave sought, no responsibility whatever would be incurred by his Excellency, as my sureties would stand good during my absence, as well as those of my locum tenens.
3d. By the usages of the service, colonial officers frequently obtain leave of absence to proceed to England, irrespective of sickness.
But even were the regulations clear and peremptory against leave of abscuce being granted except in cases of imminently fatal illuces, I venture to think that the novel and peculiar position of Great Britain in China, the nature and prospects of this island as a new settlement, and the many years I have devoted to the study and personal exami- nation of other colonies, and to an investigation of the commercial and financial relations of England, might have rendered me an exception to the general rule, particularly as my temporary absence could be no detriment to the public service, and as 1 offered to take upon myself all the responsibility of my proceedings.
I put aside the question of my health (although it has been materially shaken by my residence and mental labours here). Life or death is of little moment compared with the
great interests which England has at stake in China. These interests are too vast and pressing to be affected by individual considerations, or by the ordinary usages and pro- ceedings of the service, which are applicable to every day occurrences.
1
Whether I am right or wrong, I have endeavoured to demonstrate in my reports and minutes, that our affairs in China require immediate and special reconsideration and revi- sion; that time and experience have made manifest several mistakes, which if not rectified previous to the evacuation of Chusan, in February or March next, will be a subject of deep regret and serious injury; and that our policy and proceedings are not productive of the extended beneficial results which the British nation has a right to expect in China, and not commensurate with the large expenditure incurred on this coast.
Feeling
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