SUPREME COURT.
March 12, 1868 1869
REGINA v. SAINT.
(18)
sometimes, I fear, the regulations have been evaded. This example having been shewn her by England, Portugal authorized Emigration from Macao under somewhat similar regulations.
Ex Officio Information by Acting Attorney General (Ball.)
RE LIZEL ON AMARÁ L.
JUDGEMENT ON DEMURER.
The Chief Justice (Sinale) took his seat at 10 o'clock, having previously announced that he would this day deliver his judgment in the demurrer in the case of Regina v. Saint.
The legal representatives of the parties having appeared (as also several others interested in the proceedings) His Lordship proceeded to deliver judgment.
The Judgment is as follows:-
The irregularities-the cruelties, as some persons called them-of the Macao coolie trade excited indignation and horror in the minds of some humble and sensitive persons, whilst gentlemen of rank and estimation, seeing in the traffic nothing wrong, either took part in, or encouraged, or did not discourage it.
A demurrer by the Acting Attorney General Ball to the special plea whereby the Defendant justified the Libel in respect of which this ex officio information had been filed, not having been, as is usual, set down by the Attorney General, was by the Defendant adversely set down for argument before me.
The argument on the Demurrer occupied the whole of the 10th, 12th, and 13th days of February last.
Situated as we are in the East, the Chinese do not well distinguish between the different nationalities of Europeans. We all suffer or benefit by the conduct of each nationality, and even of each individual.
Questions of the gravest nature raised on behalf of the Attorney General and for the Defendant-questions far too grave to be raised or properly disposed of in this small Colony, this little Ultima Thule, where there are neither the books nor the authorities proper for the decision of such questions.
I conceive therefore that the due and temperate discussion by the press of the conduct of the Governments and people of Macao and of Portugal, and the pointing out of errors or wrongs, or supposed errors or wrongs, in their proceedings in reference to the Chinese and their emigration, is for the public benefit.
I shall assume the proposition that discussions, the subject of the alleged libel, are for the public benefit.
Exercising what I hold to be its indisputable right, and if with moderation, performing its undoubted duty, the public press of this Colony has criticised the proceedings at Macao and elsewhere along the Chinese coast in reference to the whole of the Coolie "Emigration" Traffic.
There was I believe at the time no newspaper published at Macao save the Government Gazette.
The Defendant has been for some time and still is the sole proprietor of the China Mail, a daily newspaper published in this Colony.
An article appeared in that newspaper of the 5th of May last, and another article in the publication of the 8th of that month.
I will read both articles disencumbered of the innuendoes:
"Suppressio Veri at Macao,-Curious rumours are floating about respecting Macao and the action taken by the Portuguese Government regarding the recent
Notes by the Attorney General
141
The newspaper articles complained of are not exposed because they seek to expose any abuses of the Coolie trade, but on account of the personal charges of venality, severity and corruption against the Macao Authorities.
The Authorities themselves were willing to drop the proceedings if Mr. Saint (the Defendant) would publicly retract those charges, but he distinctly refused to do so unless they paid all his costs.
SUPREME COURT.
March 12, 1868 1869
REGINA v. SAINT.
(18)
sometimes, 1 fear, the regulations have been evaded. This example having been shewn her by England, Portugal authorized Emi.
Ex Officio Information by Acting Attorneygration froto Macao under somewhat similar
General (Ball.)
RE LIZEL ON AMARÁ L.
JUDGEMENT ON DEMURER.
regulations. These regulations have unfrequently been so far evaded as that the Macao Coolie Trade has become the subject of international negociation, as well as of
The Chief Justice (Sinale) took his seat at unfavorable observation in our own Legis 10 o'clock, having previously announced that lative Council, in official papers and in dis- he would this day deliver his judgment in cussion in the British Parliament. Let us the demurrer in the case of Reginar. Saint, hope, as we sincerely believe, that all this The legal representatives of the parties has become matter of history. baving appeared (as also several others in- terested in the proceedings) His Lordship proceeded to deliver judgment.
The Judgment is as follows:-
The irregularities-the cruelties, as somo persons called them-of the Macao coolie trade excited indignation and horror in the ninds of some humble and sensitive per- A demurrer by the Acting Attorney Ge-sous, whilst gentlemon of rank and estirna. neral Ball to the special plea whereby the tion, seeing in the traffic nothing wrong, Defendant justified the Libel in respect of either took part in, or encouraged, or did which this ex officio information had been not discourago it. History repeats herself. filed, not having boon, as is usual, set down A generation has not passed away since by the Attorney General, was by the De-Clarkson and Wilberforce and Buxton stood fendant adversely set down for argument almost alone, and men of the highest rank in England defended the African slave trade and afterwards African slavery.
before nic.
The argument on the Demurrer occupied the whole of the 10th, 12th, and 13th days of February last.
Situated as we are in the East, the Chi- nese do not well distinguish between the were different nationalities of Europeans. We Questions of the gravest nature raised on behalf of the Attorney General all suffer or benefit by the conduct of each and for the Defendant-questions far too nationality, and even of each individual. I grave to be raised or properly disposed of conceive therefore that the due and tem- in this small Colony, this little Ultima perate discussion by the press of the con- Thule, where there are neither the books duct of the Governments and people of nor the authorities proper for the decision Macao and of Portugal, and the pointing of such questions. I have from the first out of errors or wrongs, or supposed errors suggested, I have entreated, that in loyalty or wrongs, in their proceedings in reference to the Crown, in forbearance towards my-to the Chinese and their emigration, in the
Public Press, is for the public benefit. self, these questions should not be raised
I shall assume the proposition that dis- It secus to me that the questions arising ont of this demurrer, and which I am un-cussions, the subject of the alleged libel, willingly compelled to consider, involve con- are for the public benefit. siderations of very great difficulty, partly Exercising what I hold to be its indis- *legal, partly constitutional, running one into putable right, and if with moderation, per- the other. Counsel did not sever, and I forming its undoubted duty, the public cannot altogether separate, these considera-press of this Colony has criticised the pro- tious. It is this mixed web of intricacy ceedings at Macao and elsewhere along the that renders it proper that I should trace Chinese coast in reference to the whole of the history of these remarkable proceedings. the Coolie "Emigration" Traffic. There It would be affected ignorance in me if I was I believe at the time no newspaper did not assume as a fact that for years past published at Macao save the Government coolie labourers have "emigrated," as it is Gazette.
The Defendant has been for some time called, from China, where labour is cheap,
to various places in the tropics, where la-and still is the sole proprietor of the China bour is dear. A benevolently intended Le-Marl, a daily newspaper published in this gislative enactment of the British Parlia- Colony. An article appeared in that news- ment, and an Ordinance of this Colony, re-paper of the 5th of May last, and another gulated the conditions under which it might article in the publication of the 8th of that be lawful to take coolies, under contract to month. 1 will read both articles disencum- Berve for a fixed number of years, to coun-bered of the innuendoes:
tries distant from China-contracts, I fear,
"Suppressio Veri at Macao,-Curious
too often enforceable against, not by the "rumours are floating about respecting coolies. This Emigration has been carried" Macao and the action taken by the Por on from this Colony sometimes properly, but "tuguese Government regarding the recent
Notes
by the Atomey
General
141
are not
expose
The Auspaper articles complained of because they seek to ex any abuses of the Coolie crude, but on adcount.
of the personal charges
arnality
Severust and comption affainst
The..
Macao Authorities themselves willing to d
expressed
the Proceeding
to drop
go
if. Mr. Faint (the Defendant) would" publicly retract those charges, but he "distinctly refused to do so unless they paid all his costs.
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