The next point which I have to remark. What is the provision of the Order, that in the exercise of the Jurisdiction granted to them, the Consuls should be governed by such laws and Ordinances in that behalf as may be enacted by you in pursuance of the powers conferred upon you by Her Majesty, under the China Act of last Session.
I have already stated to you, and you will find a corresponding remark in my Despatch to Sir Henry Pottinger No. 21 of the 8th of September, that it will devolve upon you in your Legislative capacity to enact laws and Ordinances for the Government of British Subjects and for enabling Her Majesty's Consuls in China to give effect to them. But with reference to the present Order it will be requisite that you should pass an enactment by which the degree of power to be vested in the Consuls, should be clearly defined, and the course of Judicial proceeding to be adopted by them, and the manner in which their judgments or sentences are to be carried into execution, be prescribed. It should also be stated in some such Enactment whether the Consul is to be the Sole judge, or whether there is to be any appeal, what the process of compelling appearance and of execution is to be, and what the means of punishing criminal offenders.
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The next point which I have to remark. Wpoi, is the provision of the Order, that in
the secrcise of the Jurisdiction granted to them, the Consuls should be governed by
such laws and Irdinances in that-
behalf as may
be enacted by you the pursuance of the lowers conferred upon. you by Her Majesty, under the Chunia Act of last Sesion.
I have already stated to you, and you will find a corresponding remark in my Deepatch to Sir Henry Pottingen 2001 of the 8th of September, that it will devolve whon yow me your Legislative capacely to mast laws and
Ordinances
148
Ordinances for the Government of British
and for bustling Berkajesty's (ondels in Cience, allem. But in China) to give effect tothem. But
Subjects
with reference to the present Arder it will
an
be requisite that you should pass- mactment by which the degree of power to be bested in the Consuls, should be clearly defined, and the course of Jecdicial proceeding to be adopted by them, and the matcher in which their judgments or sentences are, to be carried into execution, be prescribed. It should also be stated in some such Enactment whether the Consul, is to be
the
Sole judge, or whether there is to be any pay.
what the process of compelling affinian and of execution is to be, and what of punishing tis criminal
the means.
and
:
Page 150Page 151
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