CO129-175 - Sir Kennedy - 1876 [9-12] — Page 191

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

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25.7 [76-II & § 1815 |

of this meeting, and if that is the case it is to be deplored that no one has the manliness to come forward and say so—if they think Captain Peabody and the mates of his vessel are being unduly or too harshly dealt with. However, that is for the other side, and my business with the resolution is very much on the side of the majority. I know how imperative it is that discipline should be preserved on board a vessel, and how carefully we must guard from over humanitarianism. But speaking as one who knows what life in a merchant vessel is, I cannot hesitate to say that the feeling evinced by this meeting is justifiable. We are justified in saying that so much has been made public respecting Peabody and his officers as to demand investigation before the tribunals of their country. It must not be forgotten also that we have a score against the captain, and that the person principally charged has by his own admission shown his readiness to take advantage of the protection afforded by his own flag in a foreign port—by the way he treated the crew at Cardiff—and many will agree with the United States' Consul in what he says on that point in his pronounced decision. But it would be a pity to merge the heavy charges elsewhere advanced in that document in so comparatively trifling a breach of English law. The resolution I have to propose is to the effect that His Excellency the Governor be memorialized to request the Home Government to take that action—perfectly within its competence—which shall satisfy not only the feelings of those here present but also a sentiment which goes beyond Treaties and Acts of Parliament: We should request from our Government the rendition of these men to the United States Authorities not on the ground of international law or even of international comity—international comity induces strange things sometimes, the Blockade of Hongkong and the Chefoo Convention to wit—but of international justice, international in its broadest sense, as the justice to be done between man and man, No doubt misunderstandings sometimes arise between the United States and ourselves, when both sides claim what they think their rights; but we can safely trust the powerful and rising nation of the United States of America to cordially recognise the spirit which prompts an act of courtesy founded on a sense of justice which goes behind the narrow limits of Acts of Parliament and Congress. The American Government will see in this meeting a spirit which is independent of nationality. They will know that we do not propose that the men be given up because they are Americans on the one hand, or because a powerful nation should judge them and may eventually have the right to demand them, but simply because British subjects deplore as much as anyone else can that diplomatic obstacles are tending to produce a miscarriage of justice. The resolution I have to propose is: "That this meeting desires hereby respectfully and emphatically to memorialize His Excellency Sir Arthur E. Kennedy, Governor of Hongkong, suggesting that he without delay communicate to the Home Government, requesting its sanction, not in accordance with any law or Treaty, but simply as an act of international justice, for the binding over to the American Naval or other authorities, either here or elsewhere, the persons mentioned in the second resolution. Further, that on account of urgency this meeting prays His Excellency to accept a copy of these proceedings, signed by the Chairman on its behalf, as a memorial from the inhabitants of Hongkong." Some however may say—indeed have said—that such a request as is contained in this resolution is preposterous. But fortunately we have a precedent, and a good one, from the United States under somewhat similar circumstances. In 1864, a Colonel Aguerrera, a Spaniard, was charged with having kidnapped some 120 persons, although at that time he was an agent of the Spanish Government for the suppression of slavery. The offence was committed within the jurisdiction of the United States, and the Spanish Government asked for his rendition.

Mr. Seward, the well-known American statesman, thus wrote:-"Her Catholic Majesty's Minister asked that Aguerrera might be delivered up to the Government of Spain, not upon the ground of a right to demand it, but as an act of comity in the interest of justice and humanity....Something has been said as to the action of the Executive, having been in derogation of the right of asylum. ... That the practice of civilised nations, and especially of this country has maintained this privilege of asylum, and that this nation at least would consider its honour engaged to vindicate it, no one will be disposed to deny. The privilege is understood to apply to refugees

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3 25.7 [76-II & § 1815 | of this meeting, and if that is the case it is to be deplored that no one has the manliness to come forward and say so—if they think Captain Peabody and the mates of his vessel are being unduly or too harshly dealt with. However, that is for the other side, and my business with the resolution is very much on the side of the majority. I know how imperative it is that discipline should be preserved on board a vessel, and how carefully we must guard from over humanitarianism. But speaking as one who knows what life in a merchant vessel is, I cannot hesitate to say that the feeling evinced by this meeting is justifiable. We are justified in saying that so much has been made public respecting Peabody and his officers as to demand investigation before the tribunals of their country. It must not be forgotten also that we have a score against the captain, and that the person principally charged has by his own admission shown his readiness to take advantage of the protection afforded by his own flag in a foreign port—by the way he treated the crew at Cardiff—and many will agree with the United States' Consul in what he says on that point in his pronounced decision. But it would be a pity to merge the heavy charges elsewhere advanced in that document in so comparatively trifling a breach of English law. The resolution I have to propose is to the effect that His Excellency the Governor be memorialized to request the Home Government to take that action—perfectly within its competence—which shall satisfy not only the feelings of those here present but also a sentiment which goes beyond Treaties and Acts of Parliament: We should request from our Government the rendition of these men to the United States Authorities not on the ground of international law or even of international comity—international comity induces strange things sometimes, the Blockade of Hongkong and the Chefoo Convention to wit—but of international justice, international in its broadest sense, as the justice to be done between man and man, No doubt misunderstandings sometimes arise between the United States and ourselves, when both sides claim what they think their rights; but we can safely trust the powerful and rising nation of the United States of America to cordially recognise the spirit which prompts an act of courtesy founded on a sense of justice which goes behind the narrow limits of Acts of Parliament and Congress. The American Government will see in this meeting a spirit which is independent of nationality. They will know that we do not propose that the men be given up because they are Americans on the one hand, or because a powerful nation should judge them and may eventually have the right to demand them, but simply because British subjects deplore as much as anyone else can that diplomatic obstacles are tending to produce a miscarriage of justice. The resolution I have to propose is: "That this meeting desires hereby respectfully and emphatically to memorialize His Excellency Sir Arthur E. Kennedy, Governor of Hongkong, suggesting that he without delay communicate to the Home Government, requesting its sanction, not in accordance with any law or Treaty, but simply as an act of international justice, for the binding over to the American Naval or other authorities, either here or elsewhere, the persons mentioned in the second resolution. Further, that on account of urgency this meeting prays His Excellency to accept a copy of these proceedings, signed by the Chairman on its behalf, as a memorial from the inhabitants of Hongkong." Some however may say—indeed have said—that such a request as is contained in this resolution is preposterous. But fortunately we have a precedent, and a good one, from the United States under somewhat similar circumstances. In 1864, a Colonel Aguerrera, a Spaniard, was charged with having kidnapped some 120 persons, although at that time he was an agent of the Spanish Government for the suppression of slavery. The offence was committed within the jurisdiction of the United States, and the Spanish Government asked for his rendition. Mr. Seward, the well-known American statesman, thus wrote:-"Her Catholic Majesty's Minister asked that Aguerrera might be delivered up to the Government of Spain, not upon the ground of a right to demand it, but as an act of comity in the interest of justice and humanity....Something has been said as to the action of the Executive, having been in derogation of the right of asylum. ... That the practice of civilised nations, and especially of this country has maintained this privilege of asylum, and that this nation at least would consider its honour engaged to vindicate it, no one will be disposed to deny. The privilege is understood to apply to refugees In 3 188
Baseline (Original)
K 3 25.7 [ 76-II & § 1815 | of this meeting, and if that is the case it is to be deplored that no one has the manliness to come forward and say so-if they think Captain Penbody and the mates of bia vessel are being unduly or too harshly dealt with. However, that is for the other side, and my busi- ness with the resolution is very much on the side of the majority. I know how im- perative it is that discipline should be preserved on board a vessel, and how carefully we must guard from over humanitarianism. But speak- ing as one who knows what life in a merchant vessel is, I cannot hesitate to say that the feeling evinced by this meeting is justifiable. We are justified in saying that so much has been made public respecting Peabody and his officers as to demand investigation before the tribunals of their country. It must not be forgotten also that we have a score against the captain, and that the person principally charged has by his own admission shown his readiness to take advantage of the protection afforded by his own flag in a foreign port-by the way be treated the crew at Cardiff-aud many will agree with the United States' Consul in" what be says on that point in his pronounced decision. But it would be a pity to merge the heavy charges elsewhere advanced in that docnment in so comparatively trifling a breach of English law. The resointion I have to propose is to the effect that His Excellency the Governor be memorialized to request the Home Govern- ment to take that aution-perfectly within its competence—which shall satisfy not only the feelings of those here present but also a sentiment which goes beyond Treaties aud Acts of Parliament: We should re- quest from our Government the rendition of these men to the United States Authorities not on the ground of international law or even of international comity-international comity induces strange things sometimes, the Block- ade of Hongkong and the Chefoo Couvention to wit-but of international justice, interna- tional in its broadest sense, as the justice to be done between man and man, No doubt mis- understandings sometimes urise between the United States and ourselves, when both sides claim what they think their rights; but we can safely trust the powerful and rising nation of the United States of America to cordially recognise the spirit which prompts an act of courtesy founded on a sense of justice which goes bebind the narrow limits of Acts of Par- liament and Congress. The American Govern- ment will see in this meeting a spirit which is independent of nationality. They will know that we do not propose that the men be given up because they are Americana on the one hand, or because a powerful nation should judge theni and may eventually have the right to demand them, but simply because British subjects de plure as much as anyone else can that diplomatic obstacles are tending to produce a miscarriage of justion. The resolution I have to propose is:"That this meeting desires hereby respect. fully and emphatically_to_memorialize His Excellency Sir Arthur E. Kennedy, Governor of Hongkong, suggesting that he without delay communicate to the Home Government, requesting its sanction, not in accordance with any law or Treaty, but simply as an act of international justice, for the binding over to the American Naval or other authorities, either here or elsewhere, the persons mentioned in the second resolution. Further, that on account of urgency this meeting prays His Excellency tu accept a copy of these proceedings, aigned by the Chairman on its behalf, as a memorial from the inhabitants of Hongkong," Some however may say-indeed have said that such a request as is contained in this resolution is preposterous. But fortunately we have a pre- cedent, and a good one, trom the United States under somewhat similar circumstances. 1864, a Colonel Aguerres, a Spaniard, was charged with having kidnapped some 120 per- sous, although at that time he was an agent of the Spanish Government for the suppression of slavery. The offence was committed within the jurisdiction of the United States, and the Spanish Government asked for his rendition. Mr. Seward,the well known American statesman,thus wrote:-"Her Catholic Majesty's Minister asked thas Aguerrea wight be delivered up to the Go. vernment of Spain, not upon the ground of a right to demand it, but as an aot of comity in the interest of justice and humanity....Something has been said as to the action of the Executive, having been in derogation of the right of asy. lum. ... That the practice of cirilised nations, and especially of this country has maintained this privilege of asylom, and that this nation at least would consider its honour engaged to vindicate it, no one will be disposed to deny. The privilege is understood to apply to refugees In 3 188
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25.7 [ 76-II & § 1815 |

of this meeting, and if that is the case it is to be deplored that no one has the manliness to come forward and say so-if they think Captain Penbody and the mates of bia vessel are being unduly or too harshly dealt with. However, that is for the other side, and my busi- ness with the resolution is very much on the side of the majority. I know how im- perative it is that discipline should be preserved on board a vessel, and how carefully we must guard from over humanitarianism. But speak- ing as one who knows what life in a merchant vessel is, I cannot hesitate to say that the feeling evinced by this meeting is justifiable. We are justified in saying that so much has been made public respecting Peabody and his officers as to demand investigation before the tribunals of their country. It must not be forgotten also that we have a score against the captain, and that the person principally charged has by his own admission shown his readiness to take advantage of the protection afforded by his own flag in a foreign port-by the way be treated the crew at Cardiff-aud many will agree with the United States' Consul in" what be says on that point in his pronounced decision. But it would be a pity to merge the heavy charges elsewhere advanced in that docnment in so comparatively trifling a breach of English law. The resointion I have to propose is to the effect that His Excellency the Governor be memorialized to request the Home Govern- ment to take that aution-perfectly within its competence—which shall satisfy not only the feelings of those here present but also a sentiment which goes beyond Treaties aud Acts of Parliament: We should re- quest from our Government the rendition of these men to the United States Authorities not on the ground of international law or even of international comity-international comity induces strange things sometimes, the Block- ade of Hongkong and the Chefoo Couvention to wit-but of international justice, interna- tional in its broadest sense, as the justice to be done between man and man, No doubt mis- understandings sometimes urise between the United States and ourselves, when both sides claim what they think their rights; but we can safely trust the powerful and rising nation of the United States of America to cordially recognise the spirit which prompts an act of courtesy founded on a sense of justice which goes bebind the narrow limits of Acts of Par- liament and Congress. The American Govern- ment will see in this meeting a spirit which is independent of nationality. They will know that we do not propose that the men be given up because they are Americana on the one hand, or because a powerful nation should judge theni and may eventually have the right to demand them, but simply because British subjects de plure as much as anyone else can that diplomatic obstacles are tending to produce a miscarriage of justion. The resolution I have to propose is:"That this meeting desires hereby respect. fully and emphatically_to_memorialize His Excellency Sir Arthur E. Kennedy, Governor of Hongkong, suggesting that he without delay communicate to the Home Government, requesting its sanction, not in accordance with any law or Treaty, but simply as an act of international justice, for the binding over to the American Naval or other authorities, either here or elsewhere, the persons mentioned in the second resolution. Further, that on account of urgency this meeting prays His Excellency tu accept a copy of these proceedings, aigned by the Chairman on its behalf, as a memorial from the inhabitants of Hongkong," Some however may say-indeed have said that such a request as is contained in this resolution is preposterous. But fortunately we have a pre- cedent, and a good one, trom the United States under somewhat similar circumstances. 1864, a Colonel Aguerres, a Spaniard, was charged with having kidnapped some 120 per- sous, although at that time he was an agent of the Spanish Government for the suppression of slavery. The offence was committed within the jurisdiction of the United States, and the Spanish Government asked for his rendition.

Mr. Seward,the well known American statesman,thus wrote:-"Her Catholic Majesty's Minister asked thas Aguerrea wight be delivered up to the Go. vernment of Spain, not upon the ground of a right to demand it, but as an aot of comity in the interest of justice and humanity....Something has been said as to the action of the Executive, having been in derogation of the right of asy. lum. ... That the practice of cirilised nations, and especially of this country has maintained this privilege of asylom, and that this nation at least would consider its honour engaged to vindicate it, no one will be disposed to deny. The privilege is understood to apply to refugees

In

3

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