M. Tu Duc.
(12)
12.-The agreement being disputed was not insisted on by Mr. Kingsmill as binding on the plaintiff Landstein, and the order which discharged the Dang Wee from the attachment ceased to be in force and the Dang Wee is now in the custody of the sheriff as security to the plaintiff Landstein.
13.-I have to add that under present circumstances every ship and all merchandise of H. M. the King of Annam that shall come to Hong-kong will be seizable to secure to Landstein the payment of such amount as he shall be able to prove in the Supreme Court to be due to him, Landstein, from H. M. the King of Annam.
Lai Tin was then cited by Landstein and ex-officers on board the said steamer Dung Wee secretly became security for him without the knowledge of this Government.
In the last 11th moon of last year, (February, 1873), this Government sent the steamer Dang Wee to Hong-kong to undergo certain repairs, and according to the report of the Commandant and his assistant, received by this Government, the steamer was seized on account of money due by Un Tak Hau to the Firm of Lanstein & Co., and the repairs to the steamer were in consequence of the seizure stopped.
I sent a despatch to Your Lordship, also one to H. E. the Governor on the subject, which I presume were duly received. It is now more than a year ago, and the steamer has not yet returned. In the 4th moon of this year, (May and June), a gentleman agent of the Firm of Lanstein & Co. came to this country and claimed a large sum of money-the matter was made known to the King who ordered an official to proceed to Hongkong with Un Tak Hau and Lai Afai who were to take with them several thousands of dollars and there to settle the claim with the Firm of Landstein & Co., so that the Dang Wee may be allowed to return for public service.
The official who was deputed to settle the matter wrote and informed this Government that the Firm of Lanstein & Co. had acknowledged payment of $24,603, but that the sum of $150,000 was still due, and that the firm would not allow time, that they demanded that $75,000 should be paid at once, and desired that the deputed officer should be security for the balance. This surely cannot be just, why should a Government steamer be seized for a private debt, the steamer was seized because the debtors could not be found, but now they are forthcoming and are willing to pay their debt!
If as is deposed to the Commodore said to have been sold to H. M. Tu Duc and the Dang Wee which H. M. claims to have given up to him, be the same vessel, then it is clear that H. M. Tu Duc has possession of a steamer once the property of Landstein, and as it is not alleged in the letter to the Governor, or to the Chief Justice that the price for the Commodore has been ever paid, then it would seem that H. M. Tu Duc has the steamer of Landstein in his possession and that the price for it ought to be paid.
A like remark applies to the account current for goods supplied. If H. M. has received them there may be questions between H. M. and his servants as to them but if these articles reached H. M. Tu Duc it would seem but justice that H. M. should pay Landstein for them. It is quite open to H. M. to prove that he never received the goods or that the prices charged were too much or that Landstein is not entitled to payment for reasons to be shown, but until such reasons shall be shown why should not H. M. Tu Duc pay to Landstein the sum claimed?
I have the honor to be,
Sir,
willing to pay a further sum of $20,000 $30,000, when they return to their country and Your Lordship the balance when they have coined money, this appears to be very fair.
Is Chief Justice of a Colony and would entertain complaints from subjects of all nationality and dispose of them justly, how much more would your Lordship not do for the Minister of this country. I am addressing your Lordship as an official of the Annamese Government, and on behalf of the Government not as a private individual, and I hope your Lordship will do justice in order to preserve for ever the dignity of this Government.
Your most obedient and humble Servant,
(Signed) W. H. ALEXANDER,
His Excellency,
The Minister of the Mercantile Marine of the Kingdom of Annam.
(APPENDIX H) For the Minister of Mercantile Marine of the Kingdom of Annam makes this communication to His Lordship the Chief Justice of Hongkong and begs his perusal of the same. In former years the steamer Dang Wee belonging to this Government proceeded to Hongkong on public business, and it was stated that Un Tak Hau, who was on board, bought some goods for the purpose of gain--that he secretly bought from the Firm of Lanstein & Co., a small steamer and some ginseng, and also borrowed money of them-Lai Afai and Ng-a-wang who were on board the steamer Dung Wee secretly became security for him without the knowledge of this Government.
In the last moon of last year, this Government sent the steamer Dang Wee to Hong-kong to undergo certain repairs, and according to the report of the Commandant and his assistant, received by this Government, the steamer was seized on account of money due by Un Tak Hau to the Firm of Lanstein & Co.
asks and will deem it a great favour if your Lordship will order the firm of Landstein & Co. to accept Un Tak Hau and Lai Afai's payment and to allow them to pay the balance when they have made money in trade, and will kindly order the steamer Dang Wee to be released that she may return for public service and save this Government further unnecessary expense, This is my prayer. An answer to this despatch will much oblige.
In conclusion I beg to tender my best compliments.
15th day of 8th Moon, 27th Year of Tu Duc (25th September, 1874.)
Sealed with the seal of the Minister.
Printed at the "Daily Press" Office, Hongkong.
Sir,
In reply to your inquiry whether I have anything to add to my report, I have the honour to submit the following observations.
The Mandarin Cai Liu has written to me, his Counsel, from Annam, whither he proceeded in the Dangwee as soon as she was ready for sea, announcing his arrival and stating that Mr. Landstein had sent down a complete stranger.
Attorney General's Office 16th July 1875-
104
176
Copy judgment in the Case of the
returning the...
as sent to the Government by the Chief Justice
to submit the following observations.
The Honorable Cecil C. Smith
Acting Colonial Secretary
M. Tu Duc.
( 12 )
12.-The agreement being disputed was not insisted on by Mr. Kingsmill as binding on the plaintiff Landstein, aud the order which dia- charged the Dang Wee from the attachment ceased to be in force and the Dang Wee is now in the custody of the sheriff as security to the plaintiff Landstein.
13.-I have to add that under present circum. stances every ship and all merchandise of H. M. the King of Anuam that shall come to Hong- kong will be seizable to secure to Landstein the payinent of such amount as he shall be able to pr ve in the Supreme Court to be due to him, Landstein, from H. M. the King of Annam,
Lai Tin was then cited by Landstein and ex-officers on board the said steamer Dung Wee secretly became security for him without the amined in open Court.
In the lat 11-Lai Tin refused to sanction the agree-knowledge of this Government. ment and claimed that it had been entered into moon of last year, (February, 1973), this Go. by Ho Man Tsung without authority from H.vernment sent the steamer Dang Wee to Hong- kong to undergo certain repaire, and according to the report of the Commandant and his assis tant, received by this Government, the steamer was seized on account of money due by Un Tak Hau to the Firm of Lanstein & Co., and the repairs to the steamer were in consquence of the seizure stopped-1 sent a despatch to Fune Lordship, also one to H. E. the Governor on the subject, which I presume were duly received. It is now more than a year ago, and the steamer has not yet returned. In the 4th moon of this year, (May and June), a gentleman agent of the Firm of Lanstein & Co. came to this country and claimed a large sum of money-the matter was made known to the King who ordered an official to proceed to Hongkong with Uu Tak Hau and Lai Afai who were to take with them several thousands of dollars and there to settle the claim with the Firm of Landstein & Co., a that the Dang Wee may be allowed to return for public service. The official who was deput ed to settle the matter wrote and informed this Government that the Firm of Lanstein & Co. had acknowledged payment of $24,603, but that the sum of $150,000 was still due, and that the firm would not allow time, that they demanded that $75,000 abould be paid at once, and desired that the deputed officer abould be security for the balance. This surely cannot be just, why should a Government steamer be seized for a private debt, the steamer was seized because tha debtors could not be found, but now they are forthcoming and are willing to pay their debtil
If as is deposed to the Commodore said to have been sold to H. M. Tu Duc and the Dang Wee which H. M. claims to have given up to biu, be the same vessel, then it is clear that H. M. Tu Duc has possession of a steamer once the property of Landstein, and us it is not alleged in the letter to the Governor, or to the Chief Justice that the price for the Commodore has been ever paif, then it would seem that H. M. Tu Duc has the steamer of Laudstein in bis possession and that the price for it ought to be paid.
|
A like remark applies to the account current for goods supplied. If H. M. has received them there may be questions between H. M. and his servants as to them but if these articles reached H. M. Tu Due it would seem but justice that H. M. should pay Landstein for them. It is quite open to H. M. to prove that he never re-allowed time. Un Tak Han and Lai Afaian ceived the goods or that the prices charged were too much or that Landstein is not entitled to payment for reasons to be shewn, but until such reasons shall be shewn why should not H. M. Tu Due pay to Landstein the sum claimed ?
I have the honor to be,
Sir,
1
willing to pay a further sum of $20,000 $30,000, when they return to their country and Your Lordship the balance when they have soined money, this appears to be very fuir,
is Obief Justice of a Colony and would en tertain complaints from subjects of all n tionality and dispose of them justly, how much more would your Lordship not do for the Minister of this country. I am addressing your Lordship as an official of the Annamese Govern Registrar.ment, and on behalf of the Government not a
Your most obedient and humble Servant,
(Signed) W. H. ALEXANDER,
His Excellency,
Tü—
a private individual, and I hope your Lordship will do justice in order to preserve for ever the
The Minister of the Mercantile Marine of dignity of this Government. This Government
the Kingdom of Annam.
(APPENDIX H) Fan the Minister of Mercantile Marine of the Kingdom of Annam makes this communication to His Lordship the Chief Justice of Hongkong and begs his perusal of the same. In former years the steamer Dang Wee belonging to this Government proceeded to Hongkong on public business, and it was stated that Un Tak Hau, who was on board, bought some goods for the purpose of gain--that he secretly bought from the Firm of Lanstein & Co., a small steamer and some ginseng, and also borrowed money of them-Lai Afai and Ng'-a-wang who wore
asks and will deem it a great favour if your Lordship will order the firm of Landstein & Co. to accept Un Tak Hau and Lai Afai's payment and to allow them to pay the balance when they have made money in trade, and will kindly order the steamer Dang Wes to be released that she may return for public service and save this Government further unnecessary expense, This is my prayer. An answer to this dee In conclusion I beg patch will much oblige.
to tender my best compliments.
15th day of 8th Moon, 27th Year of Tu Duc (25th Eeptember, 1874.)
Sealed with the seal of the Minister.
Printed at the "Daily Press" Office, Hongkong.
Sir,
In
any thing
Langwee
940529
کی کو
Attorney General's Office 16th July 1875-
104
176
reply to your inquiry whether I have
to add to
my report
I have the honour in
Copy judgment
in the
in
Case
of the
• returning the...
ut as sent to the Government by the Chief Justice to submit the fellowing observations.
ao
The Mandarin Cai Liu has written to
me,
his Counsel, from Annam, whither he proceeded
in the Dangwer
as soon ota
she
was
ready for
-announcing his arrival and stating
sea,
that Mr
handstein had sent down a complete stranger
the Honorable.
Cecil C. Smith
a
Actary Colonial Secretary
No comments yet.
Private notes are available after approval.