CO129-076 - Individuals - 1859 — Page 281

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To the Honble. W. T. Mercer, Esq., Colonial Secretary.

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Hongkong, 15th September, 1856.

SIR, I have the honor to request that you will bring the following matter under the consideration of the Governor, His Excellency Sir John Bowring.

I left this Port for the North of China on the 30th July last, leaving in this Colony, and, as I then considered, under the protection of the Imperial Laws, three newly erected Chinese Tenements, on Inland Lot No. 41, fronting a Street known as Lyndhurst Terrace.

On my return, on the 12th instant, I found that the Tenements in question had disappeared. I learnt that they had been demolished by a gang of convicts under the superintendence of a Government Surveyor; that the materials had been carried away, and are now being used in the construction of a new Government Building. Upon further enquiry I learnt that this astounding aet was done under the alleged authority of a not aware that I violated any law which should involve the confiscation of my rightful property, I must at once deny Magistrate's warrant; but as I am the validity of any such warrant, as well as of any enactment upon which it may profess to have been founded.

However, this is a question for further investigation before the highest tribunal in the State. My immediate object in this letter is to establish and record the following Protest against the wrongs I have suffered in this behalf, with a view to such redress as I may hereafter find myself entitled to.

First, I do hereby solemnly protest against every act or acts on the part of His Excellency Governor Bowring which have tended to, connived at, or in any way permitted or suffered the demolition of my property within this Colony in my absence, and without the possibility of my defending it.

I protest against this not merely as a wrong done to me as an individual, but as a wrong and crying injustice done in my person to every faithful subject of the British Crown within this Colony.

I protest against it as a betrayal on the part of His Excellency of the first duty of the Governor, the protection of property within his Government-and a betrayal of the high prerogative entrusted to him, namely, to take care that even a just and righteous law shall not be administered to the unnecessary oppression of the subject. But-

Secondly, I protest against the Law itself upon which this spoilation affects to have proceeded; as I utterly deny the power of the Local Legislature to enact a Law at variance with the fundamental Laws of the Realm, which secure to every faithful subject of the Crown the quiet and peaceable possession of his property, so long as he has done no act to disfranchise him of that fundamental title.

I protest that I have done no one act or acts to disfranchise me of this title, as it rests upon me to show hereafter by evidence exact and indisputable.

I protest against the power of this or any other local Legislature to pass a Law which shall forereach fundamental laws of property; overtake it in the course of construction; establish a new fault in that construction, and the upon punish such fault not only by the condemnation of all the work done before the fault was established, but by the terrible and unprecedented penalty of "absolute confiscation."

Finally, and as a necessary consequence, I protest against every act or acts, thing or things done under color or shelter of a Law which I thus charge as inherently imperfect, as being a violation of the British Constitution.

Having thus recorded my solemn Protest in this matter, it now remains for me to apprize His Excellency of my intention to bring this grievance by Petition, as a last resource, before the British Parliament,-I have the honor to be, Sir, your obedient servant,

(Copy.) No. 667.

(Signed)

A. HUDSON.

Colonial Secretary's Office, Victoria,

Hongkong, 15th September, 1856.

SIR,-I am directed by His Excellency the Governor to acknowledge receipt of your letter No. 1 of this date, in which you protest against Ordinance No. 8 of 1856, I have the honor to be, Sir, your most obedient servant,

W. T. MERCER, Colonial Secretary.

A. HUDSON, Esq., &c., &c., &c.

(Signed)

(Copy).

Hongkong, 15th September, 1856.

Capt. Cowper, Acting Surveyor, Hongkong.

SIR, I hereby require you to take notice that it is my intention to reconstruct three Chinese tenements, each three stories high, on Inland lot No. 41, facing Lyndhurst Terrace; and to request that if you have any further claim upon the ruins still remaining on the ground that you will take immediate measures to remove the same.

Requesting your early attention, I have the honor to be, Sir, your most obedient servant.

(Copy.) No. 19.

(Signed)

A. HUDSON.

Surveyor General's Office, Victoria, 15th September, 1856. SIR,-In reference to your letter of this day, I have the honor to inform you that the ruins you refer to are at your disposal, and to solicit your attention to Ordinance 8 of 1856, in your reconstruction contemplated.

Should you however insist upon my removing the remainder of the confiscated materials I am prepared to do so on receiving your intimation to that effect. I have, &c., &c.,

WILLIAM COWPER, Acting Surveyor General.

(Signed)

A. R. HUDSON, Esq., &c., &c., &c.

(Copy.) No. 2.

Hongkong, 16th September, 1856.

Capt. Cowper, R.E., Acting Surveyor General.

SIR, I have the honor to acknowledge receipt of your letter No. 19 of yesterday's date, in which you surrender all further title to the ruins of my property on Inland lot No. 41, possession of which I this day resume accordingly.

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