[ { "id": 247484, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12]", "page_number": 156, "title": "CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12]", "content_text": "153\n\ngiven all proper precaution shall be taken.\n\nI have also forwarded copy of your despatch to Admiral Stopford, now in the North in support of M. Pottinger at the Peiho River, and have spoken with Captain McCleverty the Senior Naval Officer in this Station.\n\nIt is true that if the French Squadron were to leave Turon, and are now engaged with the Annamese and visit Swatow with hostile intention, we have not a sufficient Naval Force in the South of China to oppose them.\n\nBut I am in hope that Mr. Bruce will satisfactorily and speedily conclude his negotiation with Peking, as from advices received this morning I am led to think that he does not anticipate opposition to his progress from the Imperial Government.\n\nWhen matters shall be settled at Peking, Admiral Stopford will have available, and sufficient force for the protection of this Colony, in the event of a rupture with one European power.\n\nI think it right to mention that I have received an official and uninvited communication from Mr. Lobscheid, formerly Missionary, and now Inspector...", "txt_file_path": "txt/2diw2n4r2/CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12].txt", "external_url": "", "rank": 0 }, { "id": 270109, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-122 - Sir MacDonnell - 1867 [5-6]", "page_number": 324, "title": "CO129-122 - Sir MacDonnell - 1867 [5-6]", "content_text": "? \n\nof the Annamese who were abducted by violence, and of the Coolies on the banks of the Yangtsze who were insnared into a piratical lorcha, were carried to the chief seat of the traffic, and there sold into slavery, or in other words were compelled to enter into contracts for labour abroad, when far from home and friends, starved, destitute, and surrounded by cruel men whose language even they did not understand, As soon as these Contracts had been rendered formal and irrevocable by governmental seal, the price of the miserable victims' persons was duly paid over to their villainous captors,\n\n6. Your Excellency knows well that the horrible picture which we have just essayed to draw, is under rather than over-coloured. You are fully aware that did we possess access to the prison-houses whose proximity to the shores of this Colony we deplore, we should be enabled to disclose an aggregate of cruelty, wretchedness, and misery, possibly at the present day unequalled in the world. Your Excellency will sympathize with us when we proclaim aloud that we should lie to our consciences did we not protest in the strongest language against the maintenance of a traffic which is characterized by many of the worst features of that old slave trade so earnestly crushed by our country. We call upon the Imperial Government to render penal the conveyance under the British Flag of persons held to labour or service as such, first because that enactment would deal a heavy blow against an iniquitous system; and second, because England would thereby with clean hands be enabled to enlist the co-operation of all other civilized powers towards its suppression.\n\n7. And it is of national importance that Great Britain, the queen power of the East, should not continue to witness the existence of a wicked wrong, within forty miles of one of her own Colonies, without at least remonstrating against it. But for the footing for foreigners gained in China by British and French Arms, the Coolie Trade would never have arisen, and would at once be swept away by the Chinese Government. As Englishmen, therefore, we feel our country to be directly responsible for the continuance of this stain upon civilization, and we earnestly pray that Her Gracious Majesty's advisers will do their best to speedily free her subjects from such a reproach.\n\n8. There exist yet other grounds, pertinent to Englishmen, upon which we desire to see participation in the conveyance of persons held to service under contract rendered penal, no matter how good the accommodations or conveniences provided. These grounds are; the dangerous and degrading nature of the occupation, and the fact, as we believe, that all contracts for labour being voidable while one of the parties is within British jurisdiction, it is therefore false and wrong to place persons so situated in the custody and restraint of a British shipmaster. The danger and degradation to which we have alluded we are anxious to see British seamen no longer exposed to. That the employment is dangerous, is a fact to which a score of Coolie mutinies on board ship, accompanied by every circumstance of bloodshed and loss of life, bear dreadful testimony. That it is degrading cannot be denied, when it is known that the live cargo which never committed any crime, but which was only cruelly deceived, must be watched by armed men, as well for its own safety, as for that of those who are paid to conduct it into slavery. We ask that the British flag may be saved from further such dishonour.\n\n9. From one point of view do we deeply regret that we should feel compelled to make this appeal to Her Majesty's Government. We are grieved that we should find ourselves taking a step inimical to the interests of our West Indian fellow-subjects, to whom we believe a supply of Chinese agricultural labour to be an unmixed benefit, and who, we also understand, have administered the trust thus devolved upon them, wisely, justly, and conscientiously. We sincerely deplore the misfortune which the deprivation of Chinese agricultural labour would prove to colonies which have already suffered so greatly in support of our common country's renown; but we dare not, upon that account, refrain from exposing and denouncing the evils and horrors of a traffic which, for one poor Chinese Coolie that it may send to possible happiness, consigns ten to a life of unspeakable wretchedness,\n\n10. We have written strongly in deprecation of the afflictions to humanity which originate in and result from the conveyance abroad of Chinese hired emigrants, but it must not therefore be understood that we view with feelings other than those of unmingled approbation the encouragement of free emigration from this empire. Let voluntary emigration, pure and simple, be as uncontrolled from China as from Ireland, but let it be made criminal for British subjects to aid, abet, or in any way subserve, contracts of servitude for a term of years.\n\n11. We conclude with an earnest expression of our hope that by means of Your Excellency's assistance and endeavours, the suppression of Chinese Coolie Emigration may be achieved. It is an object which lies very close to our hearts, and should Your Excellency bring it about, it will hereafter be a source of extreme gratification to us, to remember that your name in connection with the administration of this colony, has been associated with the overthrow of a system which is at once a disgrace to civilization at large, to foreign and to British intercourse with China.\n\nAND YOUR MEMORIALISTS WILL EVER PRAY, &c.\n\nHONGKONG, 27th June, 1867.\n\n320\n\n(Signed) John Lisle Chief Justice (Dr) Jas. Whittall.", "txt_file_path": "txt/2diw2n4r2/CO129-122 - Sir MacDonnell - 1867 [5-6].txt", "external_url": "", "rank": 0 }, { "id": 276667, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-134 - Public Offices - 1868", "page_number": 723, "title": "CO129-134 - Public Offices - 1868", "content_text": "xii\n\nXIII\n\n5. For our ultimate aim is the entire suppression of this modern form of slavery, and the consequent extinction of the cruelties uninterruptedly carried on at its head-quarters. We do not desire to reflect upon the Government from whose waters are steadily despatched ships conveying crowds of ignorant Coolies to lives of unremitting toil, and in most instances, to miserable deaths. We will give that Government credit for thoroughly good intentions, and we are anxious to admit that the letter of their legislation in connection with \"Coolies Emigration\" is very near perfection, and is such as would make it appear to the distant reader that under its provisions, not only need no Chinaman quit his native land unless he be minded so to do, but that jealous care is taken by the Authorities in question that he be neither intimidated nor entrapped into a consent which he really did not mean to give. We, who dwell upon the spot, know too well how wide of the truth such an impression would be. We desire, however, to record our belief that the Authorities we refer to are deceived by formal compliance with their ordinances even as other governments might be similarly juggled; but we do not require to tell Your Excellency that these regulations, said to be designed to protect the Coolie against fraud and restraint, are, with detestable ingenuity, converted into meshes, whereby to entrap him more securely. These regulations are of no utility whatever they serve, but to cast dust in the eyes of the world; they afford no protection to the Coolie. On the contrary, they extend direct encouragement to the Man-Stealers who infest the coast of China from the gulf of Tongking to that of Pechili, because so soon as their letter is complied with, they shift the responsibility of the miserable Coolie's detention from the shoulders of his kidnappers to those of Official Authority. We use the designation \"kidnappers\" without reserve, and Your Excellency will not fail to consider us justified in doing so when you recall to mind the detestation in which all Chinese connected with the Coolie Trade are held by their own Authorities and countrymen, who hasten to destroy miscreants if detected in the pursuit of their infamous vocation. Nor in further justification of our language will Your Excellency fail to remember the cases, recently brought to light, of the Annamese, who were abducted by violence, and of the coolies on the banks of the Yangtsze who were seized into a piratical lorcha, were carried to the chief seat of the traffic, and there sold into slavery, or in other words, were compelled to enter into contracts for labour abroad when far from home and friends, starved, destitute, and surrounded by cruel men whose language even they did not understand. As soon as contracts had been rendered formal and irrevocable by governmental seal, the price of the miserable victims' persons was duly paid over to their villainous captors,\n\n6. Your Excellency knows well that the horrible picture which we have just essayed to draw is under rather than over-coloured. You are fully aware that did we possess access to the prison-houses whose proximity to the shores of this colony we deplore, we should be enabled to disclose an aggregate of cruelty, wretchedness, and misery, possibly at the present day unequalled in the world. Your Excellency will sympathize with us when we proclaim aloud that we should lie to our conscience did we not protest in the strongest language against the maintenance of a traffic which is characterized by many of the worst features of that old slave trade so earnestly crushed by our country. We call upon the Imperial Government to render penal the conveyance under the British Flag of persons held to labour or service to such, first because that enactment would deal a heavy blow against an iniquitous system; and second, because England would thereby with clean hands be enabled to enlist the co-operation of all other civilized powers towards its suppression.\n\n7. And it is of national importance that Great Britain, the queen-power of the East should not continue to witness the existence of a wicked wrong, within forty miles of one of her own colonies, without at least remonstrating against it. But for the footing for foreigners gained in China by British and French Arms, the Coolie Trade would never have arisen, and would at once be swept away by the Chinese Government. As Englishmen, therefore, we feel our country to be directly responsible for the continuance of this stain upon civilization, and we earnestly pray that Her Gracious Majesty's advisers will do their best to speedily free her subjects from such a reproach.\n\n8. There exist yet other grounds to Englishmen upon which we desire to see participation in the conveyance of person held to service under contract rendered penal, no matter how good the accommodations or convenience provided. These grounds are the dangerous and degrading nature of the occupation, and the fact, as we believe, that all contracts for labour being voidable while one of the parties is within British jurisdiction, it is therefore false and wrong to place persons so situated in the custody and restraint of a British ship-master. The danger and degradation to which we have alluded, we are anxious to see British seamen no longer exposed to. That the employment is dangerous, is a fact to which a score of Coolie mutinies on board ship, accompanied by every circumstance of bloodshed and loss of life, bear dreadful testimony. That it is degrading cannot be denied, when it is known that the live cargo which never committed any crime, but which was only cruelly deceived, must be watched by armed men, as well for its own safety, as for that of those who are paid to conduct it into slavery. We ask that the British flag may be saved from further such dishonour.\n\n9. From one point of view do we deeply regret that we should feel compelled to make this appeal to Her Majesty's Government. We are grieved that we should find ourselves taking a step inimical to the interests of our West Indian fellow-subjects, to whom we believe a supply of Chinese agricultural labour to be an unfixed benefit, and who, we also understand, have administered the trust thus devolved upon them, wisely, justly, and conscientiously. We sincerely deplore the misfortune which the deprivation of Chinese agricultural labour would prove to colonies which have already suffered so greatly in support of our common country's renown; but we dare not, upon that account, refrain from exposing and denouncing the evils and horrors of a traffic which, for one poor Chinese Coolie that it may send to possible happiness, consigns ten to a life of unspeakable wretchedness.\n\n10. We have written strongly in deprecation of the afflictions to humanity which originate in and result from the conveyance abroad of Chinese hired emigrants, but it must not therefore be understood that we view in feelings other than those of unmingled approbation the encouragement of free emigration from this empire. Let voluntary emigration, pure and simple, be as uncontrolled from China as from Ireland, but let it be made criminal for British subjects to aid, abet, or in any way subserve, contracts of servitude for a term of years.\n\n11. We conclude with an earnest expression of our hope that by means of Your Excellency's assistance and endeavours, the suppression of Chinese Coolie Emigration may be achieved.\n\nIt is an object which lies very close to your hearts, and should Your Excellency bring it about, it will hereafter be a source of extreme gratification to us, to remember that your name in connection with the administration of this colony has been associated with the overthrow of a system which is at once a disgrace to civilisation at large, to foreign and to British intercourse with China.\n\nAnd your Memorialists will ever pray,\n\nHong-Kong, 27th June, 1867.\n\n&c.,\n\nJOHN SMALE---Chief-Justice.\n\nJAS. WHITTALL.\n\nAPPENDIX No. 9,\n\nCOLONIAL SECRETARY'S OFFICE, 4TH JULY, 1867.\n\nTo THE HONORABLE CHIEF JUSTICE SMALE. THE HONORABLE JAMES WHITTALL, M.L.C.\n\nGENTLEMEN,\n\n1. I am instructed by His Excellency SIR RICHARD GRAVES MACDONNELL, to acknowledge receipt, on the 28th ultimo, of your Memorial of the 27th ultimo, urging your objections to all Emigration from Hong-Kong under contracts for hire.\n\n2. His Excellency is most ready to acknowledge the humane and honorable feelings which prompted that Memorial, and therefore willingly transmitted it to His Grace the Secretary of State when forwarding, by last Mail, the Emigration Ordinance passed on the 17th ultimo, from the discussion of which, your Memorial originated.\n\n3. Yet, whilst fully appreciating your motives, His Excellency regrets that your Memorial should urge a request entirely beyond his power to grant. You \"beseech\" His \"Excellency to enact that no Vessel whatever shall clear from Colonial Waters with Chinese \"on board held to service or labor abroad by contract for a term of Years, and that no such \"contracts no matter how or where entered into shall be valid in the Colonial Courts.” In reply, it is only necessary to point out that all Chinese Emigration from Hong-Kong is entirely regulated under authority of an Imperial Act (18 & 19 Vict. Cap. 114) which Act if not earlier proclaimed by the Governor of Hong-Kong was directed (Sec. 7) to come into force here on the 1st January 1856, That Act, moreover, though empowering the Hong-Kong Legislature to pass Regulations for Chinese Passengers subject to confirmation by Her Majesty's Government, was nevertheless launched complete with all necessary Regulations and Forms, and without any action on the part of this Legislature came into force by Imperial authority in January 1855.\n\n4. Therefore His Excellency can only regard your request for a local enactment to terminate all Chinese Emigration from Hong Kong of whatsoever kind, if under contracts for service, as tantamount to requesting him to repeal an Act of the Imperial Parliament, which you will admit he has obviously no power to do.\n\n713", "txt_file_path": "txt/2diw2n4r2/CO129-134 - Public Offices - 1868.txt", "external_url": "", "rank": 0 }, { "id": 278981, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-139 - Sir MacDonnell - 1869 [8-12]", "page_number": 15, "title": "CO129-139 - Sir MacDonnell - 1869 [8-12]", "content_text": "In addition to emigrants passing through my Office, \nthey are mustered on the upper deck of the ship previously \nto her departure and on the same day Men and \nwomen being separated and the decks below kept \nclear. Each person is then examined by the Medical Officers \nand Inspector of Emigrants and the Surgeon of the ship \nas to the state of their health. So it is \nquite possible that some of the persons passing through \nmy Office may have transferred their diseases to others; advantage is taken of the Medical inspection to re-examine the women as to their Nationality and willingness to leave. \n\nI have satisfied myself that the reports in the China Mail were incorrect. \nPrevious to the departure of the Japan on 11th June the Registrar General informed me that the rumour originated with some Jesuit Priests and that he should like to satisfy them by personal observation and enquiry. Mr Lister went on board, examined \nthe passengers and I believe left convinced there were neither Annamese nor any other kidnapped women on board. \n\nThe point \nwas again \nraised prior to the departure of the last vessel \"China\" (July 19th). On this occasion two Annamese teachers accompanied Mr Lister and myself. The passengers being on deck as usual the Annamese were desired to inspect them all \nclosely, and told not to hesitate to point out any one whom they suspected of being their country women. They found none. The decks below were next \nexamined with a similar result.\n\nThe Editor of the China Mail might, if disposed, very easily have satisfied himself as to the truth or falsity of the reports before publishing them by formal enquiry on board, or to myself in which case I should have been very glad to have given him my assistance. \n\nIf further information on this matter is required application might be made to the authorities at San Francisco as to whether women answering to the description given of Annamese have landed at that Port. I have not seen Annamese women but if they \nare at all like the men they are easily \ndistinguishable.", "txt_file_path": "txt/2diw2n4r2/CO129-139 - Sir MacDonnell - 1869 [8-12].txt", "external_url": "", "rank": 0 }, { "id": 284613, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-150 - Lieut Governor Whitfield - 1871 [5-6]", "page_number": 57, "title": "CO129-150 - Lieut Governor Whitfield - 1871 [5-6]", "content_text": "# III - NUMBER, TONNAGE, and Crews of Vessels of each Nation ENTERED at the Port of Victoria, in the Colony of Hongkong, in the Year 1870.\n\n## ENTERED\n\n### NATIONALITY OF VESSELS\n\n| Nationality | WITH CARGOES | | | IN BALLAST | | | TOTAL | | |\n| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |\n| | Vessels | Tons | Crews | Vessels | Tons | Crews | Vessels | Tons | Crews |\n| British | 1,024 | 789,576 | 56,986 | 181 | 85,104 | 3,638 | 1,205 | 874,680 | 60,624 |\n| American | 140 | 148,128 | 6,281 | 13 | 5,896 | 20 | 153 | 154,024 | 6,301 |\n| French | 130 | 104,408 | 7,110 | 26 | 11,242 | ... | 156 | 115,650 | ... |\n| North-German | 177 | 63,970 | 2,951 | 93 | 30,000 | 1,303 | 270 | 93,970 | 4,254 |\n| Dutch | 21 | 11,952 | 435 | 3 | 1,184 | ... | 24 | 13,136 | ... |\n| Danish | 80 | 21,789 | 871 | 12 | 3,474 | 151 | 92 | 25,263 | 1,022 |\n| Russian | 18 | 8,301 | 160 | 4 | 1,815 | 118 | 22 | 10,116 | 278 |\n| Spanish | 72 | 21,972 | 1,673 | 6 | 3,385 | 222 | 78 | 25,357 | 1,895 |\n| Belgian | 3 | 1,088 | 39 | 1 | 544 | 18 | 4 | 1,632 | 57 |\n| Portuguese | 8 | 1,417 | 38 | ... | ... | ... | 8 | 1,417 | 38 |\n| Austrian | 1 | 675 | 16 | 1 | 575 | ... | 2 | 1,250 | ... |\n| Norwegian | 11 | 3,669 | 151 | 2 | 960 | 106 | 13 | 4,629 | 257 |\n| Swedish | 7 | 1,701 | 87 | 1 | 1,197 | 43 | 8 | 2,898 | 130 |\n| Hawaiian | 1 | 380 | 14 | ... | ... | ... | 1 | 380 | 14 |\n| Italian | ... | ... | ... | 1 | 897 | 24 | 1 | 897 | 24 |\n| Siamese | 1 | 807 | ... | ... | ... | ... | 1 | 807 | ... |\n| San Salvador | 1 | 41,520 | 16 | ... | ... | ... | 1 | 41,520 | 16 |\n| Columbia, U.S. | ... | ... | ... | 1 | 12,902 | 20 | 1 | 12,902 | 20 |\n| Peruvian | ... | ... | ... | ... | ... | ... | ... | ... | ... |\n| Chinese Junks | 941 | 234,064 | 18,588 | 24 | 7,710 | 1,234 | 965 | 241,774 | 19,822 |\n| **TOTAL** | **2,705** | **1,458,700** | **97,891** | **388** | **166,430** | **7,146** | **3,093** | **1,625,130** | **105,037** |\n\n## IV - NUMBER, TONNAGE, and CREWS of Vessels of each Nation CLEARED at Ports in the Colony of Hongkong, in the Year 1870.\n\n### CLEARED\n\n| Nationality | WITH CARGOES | | | IN BALLAST | | | TOTAL | | |\n| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |\n| | Vessels | Tons | Crews | Vessels | Tons | Crews | Vessels | Tons | Crews |\n| British | 1,187 | 653,028 | 53,800 | 334 | 170,942 | 6,411 | 1,521 | 823,970 | 60,211 |\n| American | 104 | 113,616 | 5,487 | 49 | 38,311 | 881 | 153 | 151,927 | 6,368 |\n| French | 82 | 66,025 | 4,493 | 75 | 51,989 | 1,098 | 157 | 118,014 | 5,591 |\n| North-German | 121 | 46,137 | 2,065 | 111 | 40,270 | 1,472 | 232 | 86,407 | 3,537 |\n| Dutch | 4 | 4,213 | 137 | 28 | 9,278 | 388 | 32 | 13,491 | 525 |\n| Danish | 24 | 6,425 | 295 | 19 | 5,541 | 219 | 43 | 11,966 | 514 |\n| Russian | 15 | 6,883 | 478 | 5 | 2,500 | 125 | 20 | 9,383 | 603 |\n| Spanish | 48 | 17,812 | 1,376 | 28 | 8,934 | 571 | 76 | 26,746 | 1,947 |\n| Belgian | 1 | 544 | 18 | 3 | 1,891 | 62 | 4 | 2,435 | 80 |\n| Portuguese | 1 | 350 | 10 | 3 | 1,200 | 55 | 4 | 1,550 | 65 |\n| Austrian | 1 | 575 | 16 | ... | ... | ... | 1 | 575 | 16 |\n| Norwegian | 17 | 6,499 | 212 | 4 | 541 | ... | 21 | 7,040 | ... |\n| Swedish | 7 | 2,069 | 83 | 3 | 1,154 | 41 | 10 | 3,223 | 124 |\n| Hawaiian | 1 | 280 | 13 | 1 | 150 | 8 | 2 | 430 | 21 |\n| Siamese | ... | ... | ... | ... | ... | ... | ... | ... | ... |\n| Annamese | ... | ... | ... | ... | ... | ... | ... | ... | ... |\n| Italian | ... | ... | ... | 1 | 29,079 | ... | 1 | 29,079 | ... |\n| San Salvador | ... | ... | ... | ... | ... | ... | ... | ... | ... |\n| Columbia, U.S. | 1 | 1,311 | 20 | ... | ... | ... | 1 | 1,311 | 20 |\n| Chinese Junks | 355 | 22,093 | 1,507 | 38 | 17,100 | 1,507 | 393 | 39,193 | 3,014 |\n| **TOTAL** | **1,969** | **953,859** | **70,006** | **703** | **379,830** | **13,438** | **2,672** | **1,333,689** | **83,444** |\n\n## V - TOTAL NUMBER, TONNAGE, AND CREWS OF VESSELS ENTERED AT EACH PORT IN THE COLONY OF HONGKONG, IN THE YEAR 1870.\n\n### ENTERED\n\n| Names of Ports | BRITISH | | | FOREIGN | | | TOTAL | | |\n| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |\n| | WITH CARGOES | IN BALLAST | TOTAL | WITH CARGOES | IN BALLAST | TOTAL | WITH CARGOES | IN BALLAST | TOTAL |\n| Victoria | 1,024 | 181 | 1,205 | 800 | 207 | 1,007 | 1,824 | 388 | 2,212 |\n| | 789,576 | 85,104 | 874,680 | 369,126 | 91,554 | 460,680 | 1,158,702 | 176,658 | 1,335,360 |\n| | 56,986 | 3,638 | 60,624 | 26,255 | 5,603 | 31,858 | 83,241 | 9,241 | 92,482 |\n| Aberdeen | ... | ... | ... | ... | ... | ... | ... | ... | ... |\n| Stanley | ... | ... | ... | ... | ... | ... | 2 | ... | 2 |\n| | ... | ... | ... | ... | ... | ... | ... | ... | ... |\n| Shau-ki Wan | 179 | ... | 179 | 57 | 2 | 59 | 236 | 2 | 238 |\n| | 37,360 | ... | 37,360 | 30,563 | 363 | 30,926 | 67,923 | 363 | 68,286 |\n| | 7,394 | ... | 7,394 | 4,410 | 113 | 4,523 | 11,804 | 113 | 11,917 |\n| **Total** | **1,824** | **181** | **1,505** | **1,024** | **824,680** | **60,624** | **18,713** | **1,023,002** | **275,416** |\n\n## VI - TOTAL NUMBER, TONNAGE, AND CREWS OF VESSELS CLEARED AT EACH PORT IN THE COLONY OF HONGKONG, IN THE YEAR 1870.\n\n### CLEARED\n\n| Names of Ports | BRITISH | | | FOREIGN | | | TOTAL | | |\n| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |\n| | WITH CARGOES | IN BALLAST | TOTAL | WITH CARGOES | IN BALLAST | TOTAL | WITH CARGOES | IN BALLAST | TOTAL |\n| Victoria | 1,187 | 334 | 1,521 | 577 | 171 | 748 | 1,764 | 505 | 2,269 |\n| | 653,028 | 170,942 | 823,970 | 321,264 | 30,200 | 351,464 | 974,292 | 201,142 | 1,175,434 |\n| | 53,866 | 6,411 | 60,277 | 19,034 | 5,460 | 24,494 | 72,900 | 11,871 | 84,771 |\n| Aberdeen | ... | ... | ... | 202 | ... | 202 | 202 | ... | 202 |\n| | ... | ... | ... | 15,693 | ... | 15,693 | 15,693 | ... | 15,693 |\n| | ... | ... | ... | 4,023 | ... | 4,023 | 4,023 | ... | 4,023 |\n| Stanley | 119 | ... | 119 | 816 | ... | 816 | 935 | ... | 935 |\n| | 6,234 | ... | 6,234 | 2,003 | ... | 2,003 | 8,237 | ... | 8,237 |\n| | 1,857 | ... | 1,857 | 831 | ... | 831 | 2,688 | ... | 2,688 |\n| Shau-ki Wan | 321 | ... | 321 | 171 | ... | 171 | 492 | ... | 492 |\n| | 15,693 | ... | 15,693 | 4,541 | ... | 4,541 | 20,234 | ... | 20,234 |\n| | 4,023 | ... | 4,023 | 2,015 | ... | 2,015 | 6,038 | ... | 6,038 |\n| **Total** | **1,627** | **334** | **1,961** | **1,766** | **171** | **1,937** | **3,393** | **505** | **3,898** |\n\nH. G. THOMSETT, R.N., Harbor Master, &c.", "txt_file_path": "txt/2diw2n4r2/CO129-150 - Lieut Governor Whitfield - 1871 [5-6].txt", "external_url": "", "rank": 0 }, { "id": 291625, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-164 - Sir Kennedy - 1873 [7-9]", "page_number": 304, "title": "CO129-164 - Sir Kennedy - 1873 [7-9]", "content_text": "doubt will have interest for Your Lordship as evincing the friendly feeling which exists between the people of that bounty and this Government. I have, through the proper Officers of this Government, given every assistance to the Annamese Commissioners by fuelling them with a respectable ship-building company's resources, explaining to the Commissioners that it was not in accordance with our customs for the Government to undertake any responsibility in such a matter beyond exercising our good offices in their behalf, which course will, I trust, be in accordance with the wishes of Her Majesty's Government.\n\nI have the honor to be,\nMy Lord,\nYour Lordship's most obedient humble Servant,\nGovernor\n\n302", "txt_file_path": "txt/2diw2n4r2/CO129-164 - Sir Kennedy - 1873 [7-9].txt", "external_url": "", "rank": 0 }, { "id": 291626, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-164 - Sir Kennedy - 1873 [7-9]", "page_number": 305, "title": "CO129-164 - Sir Kennedy - 1873 [7-9]", "content_text": "## 21st August, 1870\n\n**Governor**\n\nSaw Archive & Kennedy\n\nK b M Gr. / CB., \n\nto \n\nThe Right Honorable \n\nThe Earl of Kimberley\n\nAnnam transmits Letters from the Minister of Marine of - repeating aid of Colonial Government in the purchase of Steamer.\n\nAnd notifies The Despatch of an Annamese Vessel to rescue Shipwrecked \"Englishman\".\n\nTo His Excellency J Artur Kennedy the Governor of Hongkong,\n\nPaw, the Chief Minister of Maritime Marine of the Kingdom of Annam respectfully makes this communication to His Excellency J Artur Kennedy the Governor of Hongkong, \n\nand... he prays His Excellency to favor it with his perusal?\n\nI have received orders to despatch the S. I. 'Dang Wee to convey cargo to your Port for sale; \"No Cue the President of the Banqueting Office is her Commander and Ita Wan tring the Second in Command.\n\n`10394 303` \n## Copy \nLetter Not `1 Enclosure`", "txt_file_path": "txt/2diw2n4r2/CO129-164 - Sir Kennedy - 1873 [7-9].txt", "external_url": "", "rank": 0 }, { "id": 291630, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-164 - Sir Kennedy - 1873 [7-9]", "page_number": 309, "title": "CO129-164 - Sir Kennedy - 1873 [7-9]", "content_text": "# No \n\nYour Excellency governs the Colony. I trust that upon his arrival, you will assist him with a passage. \n\nThis being the time of Spring Festival, I avail myself of the opportunity to wish that Your Excellency may enjoy the happiness of the season.\n\nAnnamese Minister of Marine to His Excellency Sir Arthur Kennedy\n\nCopy \n\nSeller No. 3.\n\n/r. 307 \n\nPaw, the Chief Minister of Mercantile Marine of the Kingdom of Annam, respectfully submits the following communication to His Excellency Sir Arthur Kennedy and begs the Excellency to favor it with his perusal.\n\nWicherts Officers have been employed by this Government to purchase all the steamers we require in Hongkong, but the Officers appointed to these posts were not thoroughly acquainted with the business of selecting and valuing Steamers; they had", "txt_file_path": "txt/2diw2n4r2/CO129-164 - Sir Kennedy - 1873 [7-9].txt", "external_url": "", "rank": 0 }, { "id": 291906, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-164 - Sir Kennedy - 1873 [7-9]", "page_number": 585, "title": "CO129-164 - Sir Kennedy - 1873 [7-9]", "content_text": "## Hong Kong, Received 29th July, 10\nChief Justice (Double John Smale) \nCriminal Calendar \nHong Kong 1.197.8-11239 \nGovernor. No. \nRemedy 197 \nDate \n18 \nSept. 12 \n\nLast previous Paper. \nJuly Sessions, 1873. 37.88 \n\n### DESPATCH \n**RECEIVED** \nC.O. 27 OCT 1873 \n582 \n\nNarrative of French Expedition to Tongking and Copy herewith for information.\n\n**(Minutes.)** \nCopy to F. D. (with reference to their letter, 3788) \nOne in orig. to be returned for information. \nAsk what answer, if any, returned by the Governor to the Annamese?\n\n### Inclosure No. 2 in Governor Sir Arthur Kennedy's Dispatch No. 196 of 12 September, 1873.\n\n27/10/73. \nI am in your minute. Aut: before sending papers to Lord Kimberley, find and collate correspondence re: the former attempt to prohibit export. \n& inform the F. D. with reference to last par. in ditto F. D. Robinson's letter whether there is by such Ordinance, ready to...", "txt_file_path": "txt/2diw2n4r2/CO129-164 - Sir Kennedy - 1873 [7-9].txt", "external_url": "", "rank": 0 }, { "id": 291909, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-164 - Sir Kennedy - 1873 [7-9]", "page_number": 588, "title": "CO129-164 - Sir Kennedy - 1873 [7-9]", "content_text": "Annam finds itself unable to make complaints except to the French Government at Saigon.\n\nI deem it right to place Your Lordship in possession of this information having regard to Your Lordship's Despatch already quoted.\n\nI have the honour to be, My Lord,\n\nYour Lordship's most obedient\n\nhumble servant,\n\nLiterary Governor.\n\n11239 \nStryking +190 \n\nIndexed \n1/240. \n585 \n6. Nov 73 \n\nIn further reference to Mr. Hammond's despatch \n\nForeign Office \n215h April \n2. Received 4-11-73 \nIn Head \n-574 \nSir St. Hammond. \nLnd Kinkley. \nand 12456. \n\nI am directed by Earl \nof Kinkley \nWhaum? \nto lay before Granville the enclosed copies \nof despatches from the \nGovernor of Hong Kong respecting \nthe French Expedition against \nTonquin and Burmah, and I am to request that his Lordship may be informed what answer, if any, should be returned by you to the Annamese despatch. I am also directed to inclose... in original with related \nEarl Granville's information", "txt_file_path": "txt/2diw2n4r2/CO129-164 - Sir Kennedy - 1873 [7-9].txt", "external_url": "", "rank": 0 }, { "id": 293051, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-166 - Public Offices & Others - 1873", "page_number": 481, "title": "CO129-166 - Public Offices & Others - 1873", "content_text": "# \nF.O.No.12456\n## Office or Individual\n**(Subject)**\nDOMESTIC\n## RECEIVE\n478\n24 NOV 1873\n## Office\nFrench expedition to Touquin and Annam 1873 Jurman.\n\nAw 21\n## Last previous Paper\n11230\n## \nAs to if Dec., ho 165 LF\nAs to answer to be returned by Gov? to Annamese despatch.\n\nFor meande\n## FO.\n**(Minutes.)**\nAcknowledge receipt of 11239 and 11240, and send a copy of this F.O. letter to the Governor for his information and guidance?\n## IN\nRißter\n24/11/73\n13762/73\nRm 25/11\nK25", "txt_file_path": "txt/2diw2n4r2/CO129-166 - Public Offices & Others - 1873.txt", "external_url": "", "rank": 0 }, { "id": 293053, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-166 - Public Offices & Others - 1873", "page_number": 483, "title": "CO129-166 - Public Offices & Others - 1873", "content_text": "by the Annamese on this subject.\n\nIn reply to your letter, I am directed to state, for the information of the Earl of Kimberley, that Lord Granville, having considered the circumstances set forth in the papers which accompanied your letter, is of opinion, so far as he is able to judge of the actual position of affairs, that the view taken by Sir D. B. Robertson is the correct one, and that the Annamese should be informed that as the Expedition to which his communication related was conducted by French citizens under the French flag, they should address any representations on the subject to the French Authorities at Saigon.\n\nLord Granville considers that this view of the case is strengthened by the statement of the French Acting Consul to the Governor of Hong Kong that there exists a Treaty between Annam and France, and Lord Granville accordingly proposes to communicate the Papers enclosed in your letter to Lord Lyons with instructions to call the attention of the French Government to them, and I am directed to endeavour to ascertain the purport of the Treaty to which the French Acting Consul alludes.\n\nThe Hong Kong Ordinance which...", "txt_file_path": "txt/2diw2n4r2/CO129-166 - Public Offices & Others - 1873.txt", "external_url": "", "rank": 0 }, { "id": 293082, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-166 - Public Offices & Others - 1873", "page_number": 512, "title": "CO129-166 - Public Offices & Others - 1873", "content_text": "The discovery of a Treaty, it had on the contrary led him to doubt whether he had not gone too far when he had spoken to me on the 12th of arrangements made between France & Annam in 1875. He said that in fact in order to find a Treaty it was necessary to go back to the original conquest of Saigon in 1859. He admitted that there seemed to be very little definite information at the Ministry Office with regard to a new Treaty, the negotiations for which had been so long pending; and he added confidentially that with a view to clearing up matters, it was intended to appoint at once a successor to Rear Admiral Dupré, the present Governor of Saigon, whose term of office was about to expire.\n\nI confessed to the Duc Decazes that what he had now told me had not at all cleared up the confusion which had existed in my mind, but that on the contrary I was more puzzled than before. Ah, he replied, that he could not be surprised at this, as he was himself exactly in the same position.\n\nI do not know whether in fact the Treaty mentioned to Governor Sir Arthur Kennedy, both by the acting French Consul at Hong Kong and the Annamese Minister...", "txt_file_path": "txt/2diw2n4r2/CO129-166 - Public Offices & Others - 1873.txt", "external_url": "", "rank": 0 }, { "id": 293481, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-167 - Sir Kennedy - 1874 [1-8]", "page_number": 141, "title": "CO129-167 - Sir Kennedy - 1874 [1-8]", "content_text": "## DESPATCH\nand Annam which was promulgated by a French Imperial Decrees on the 1st of July 1865...\n\nWith further reference to the subject, I have now to inform your Lordship that I have learnt from a creditable source that another treaty has very recently been negotiated between the Annamese and French Governments, and that it has been transmitted to Paris for ratification.\n\nI have the honor to be,\nMy Lord,\nYour Lordship's most obedient humble servant,\nGovernor.\n\n| No. | Date | Last previous Paper | Further Cor-n |\n| --- | --- | --- | --- |\n| 5553 | 1874 March 30 | 2040 | 230 March 1875 1406 |\n\n## (Subject)\nDESPATCH, Official Trustee under Ord. \" % of /3 Salary of the Office Thenity to be required Report on submitted\n\n(Minutes.)\nFor # Holland Wleade 3.1.10/5- Mr. Alexander's Salary as Registrar £6000 with (~10x) of £1000 per annum as a joint security for £2000. Aber Thri £2000 would be available in case of his default.\n\nJourlie under benance K=7. xt offean I mean that he certainly might...", "txt_file_path": "txt/2diw2n4r2/CO129-167 - Sir Kennedy - 1874 [1-8].txt", "external_url": "", "rank": 0 }, { "id": 295062, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-169 - Others - 1874", "page_number": 286, "title": "CO129-169 - Others - 1874", "content_text": "Kong and Annam by bluese \n\nI am unable to say but this might be ascertained to some extent, by reference to the Hong Kong Harbour Master's Reports in the yearly **Blue Book**.\n\nMy impression is that the large West Coast P&O ships which now resort to Hong Kong in considerable numbers, trade with Saigon (Annam) without any restriction. The \"Political Treaty\" recognises the independence of the King of Annam \"vis-à-vis de toute puissance étrangère quelle qu'elle soit\" and the French Government promises him aid and assistance \"pour le défendre contre toute attaque\". This Provision would seem to affect the Political Status of The King \"vis-à-vis\" the Emperor of China, to whom I presume he still pays a yearly tribute. It is not long ago that the vessel carrying this tribute, was captured at Sea by Pirates near Macao and the envoys who had charge of it narrowly Escaped being shipped as coolies to Cuba.\n\nIf trade be open at present between China and Annam, the French Treaties will of course place it under new conditions and restrictions, which may prejudicially affect some Chinese Merchant's interests in Hongkong; but I apprehend this would scarcely be a valid ground of remonstrance on the part of the British Government. Hongkong is beginning to feel the want of new outlets for Trade and though it is to be regretted that the commercial relations of the Annamese with Foreigners should not be placed on the same footing as those of the Chinese & Japanese.\n\n282", "txt_file_path": "txt/2diw2n4r2/CO129-169 - Others - 1874.txt", "external_url": "", "rank": 0 }, { "id": 296028, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-170 - Sir Kennedy - 1875 [1-3] -- Acting Governor Austin - 1875 [3-6]", "page_number": 490, "title": "CO129-170 - Sir Kennedy - 1875 [1-3] -- Acting Governor Austin - 1875 [3-6]", "content_text": "# Donghing. Confidential 3rd May, 1875\n\n**Administrator J. Gardiner Austin** \nto \n**The Right Honorable** \n**The Earl of Carnarvon** \n\nTransmits return regarding trade from Hongkong with Annam \n\nI attach a return of Vessels that have arrived from and cleared for Ports in Annam.\n\n| | Number | Tons |\n| --- | --- | --- |\n| Arrived | 75 | 432 |\n| Cleared | | 6926 |\n\nThere is 520 miles from Hong Kong to the town of Saigon, and about 538 from Hong Kong to Fouron. Fouron is 510 miles from Saigon, and Quinton is 350.\n\nAs yet there has been no direct trade between Hongkong and any other Ports in the Annamese territory than those mentioned, but with those Ports the trade has increased, and if greater facilities for loading and discharging...", "txt_file_path": "txt/2diw2n4r2/CO129-170 - Sir Kennedy - 1875 [1-3] -- Acting Governor Austin - 1875 [3-6].txt", "external_url": "", "rank": 0 }, { "id": 296398, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 129, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "(4)\n\nment if the Government recognised the King as an independent Sovereign Prince, as an international matter over-riding the jurisdiction of this Court, and for aid in his case than it did in this matter.\n\nof the 18th of April, 1874, to the Colonial Secretary, in which I said, \"I am prepared to take the entire responsibility of directing the Registrar of the Supreme Court to send the letter if H. E. should approve, or not expressly disapprove of the letter, but if H. E. should expressly disapprove of the letter I will not direct it to be sent.\"\n\nOn the following day my draft letter was returned to me with a memorandum that H. E. the Governor would make no objection to the Chief Justice adopting the course he proposed, but that he would not accept any responsibility for any proceedings or communications beyond what had already been adopted.\n\nI have before slightly alluded to communications between this Court and the Government of this Colony, and also the Government of Annam, as having, with other causes, contributed to the delay up to the month of March, 1874. I now proceed to shew that the Court fully understood its duty, a neglect of which the learned Attorney General in April last, for the first time, somewhat late in the case, imputed to the Chief Justice, owing, as I repeat, to his imperfect instructions. No one shews more desire to avoid inaccuracy than the Attorney General.\n\nI have already stated that this suit was instituted on the 14th of October, 1873. I was, from the first, greatly impressed with the question whether this Court could have any jurisdiction, and I personally communicated my difficulties to the Colonial Secretary. I remembered the case of the Malespina, a Spanish vessel of war, temporarily employed in carrying letters between the Hongkong Post Office and Manila, in which similar questions had been raised in 1862, when I was Attorney General here. That precedent was referred to in my conversations with the Colonial Secretary. From my own recollection, and from information given to me, I can now state that the dispute in that case was settled, and the questions did not come on for discussion.\n\nI believe it was then the better opinion that it was not the duty of the local Government to interfere directly with the action of this Court, but that in such a case as the present, the Government would be authorized, in the exercise of its discretion, on the advice of its legal adviser, without communication from this Court, but spontaneously, to direct the Crown Solicitor to appear, I presume by Counsel, in Court and claim, in the name of the Government, the discharge of the ship as had been advised to be done, and as was, as I understand, done on the 24th of April, 1860, in the case of an officer of the Sardinian frigate Beroldi, served with a summons from the County Court of Bow in England.\n\nThe exception, as I understood, referred to a short letter written by the Colonial Secretary to H. E. Uü, to which it is beyond my province to do more than thus refer.\n\nThe letter by the Registrar was dated May 1874, (See Appendix G.) and was duly sent to Annam by him.\n\nThat letter followed, as I stated in my letter to the Colonial Secretary of the 28th April, a precedent which Sir R. Phillimore, Judge of the High Court of Admiralty, had furnished in The Charkich, in which the Registrar, by direction of that High Court, addressed a letter to the Ambassador from the Ottoman Court as set out in L.R. 4 Ad. and Ecc, p 80., as the result of which the Khedive appeared under protest and the cause proceeded to decision.\n\nI received a letter from Fan, the minister of marine of Annam, dated 25th of September, 1874, (See Appendix H) and which letter was written after the receipt of the letter by the Registrar of May, 1874.\n\nThis is the history of the communications which were made extra judicially, efforts and communications in excess of those which the Attorney General suggested that it was my duty to have made which I had not made, I made! the communications which I did make to the Government because it appeared to me that the question was one in which it was the right, and possibly the duty, of the Government here, if it had been advised that the contention on behalf of the defendant was clearly sustainable, to have directed an appearance by Counsel in the cause, and to have claimed, as a matter of state, and as being exclusively subject to international law, and, therefore, beyond judicial decision, the release of the Dang Wee, and the discharge of the defendant from the suit. This was done! in the case in the County Court of Bow above referred to; but if the Government was advised that the matter admitted of doubt, then it would leave the matter to the ordinary decision by the Court without interfering. Still the presumption would be left on the mind of the Court that the case was not one for claim of exemption, on the ground of international right.\n\nI did all I could to place the Government in full possession of the case and the Government appears to have thought that the claim of the King was too doubtful to entitle the King to the interference of this Government, and it expressly left all the responsibility on the Court.\n\nI was the more induced to make the communication to the Colonial Secretary of the difficulty in this case, because I had received a communication from Uü, the Minister of Mercantile Marine of the Kingdom of Annam, (Appendix F) dated, I believe, in November, 1873, and because a letter to the like purport had been received by H.E. the Governor which was transmitted for my information on the 24th March, 1874.-See Appendix F.)\n\nThe matter was fully discussed between the Colonial Secretary and myself.\n\n(5)\n\nentitled the defendant to any assistance from this Court.\n\nHowever much I may regret the course which left so heavy a responsibility on the Court, I am bound to admit that the Government was right in not interfering. I was bound to believe, and I presumed, and I shall continue to presume until I am informed to the contrary, that in originally declining to interfere, and in never up to this time intervening, it has acted under the advice of its duly constituted legal adviser for the time being.\n\nHaving shewn that the Court was not wanting in duty towards the Government, I trust it has been equally correct in what it did in respect of the King of Annam.\n\nI have now to consider the effect of the first letter from Annam, that from Uü.\n\nIt is beyond question that a Sovereign Prince may waive his right and submit to the jurisdiction of this Court. If the agreement was made with the sanction of the Court, it was a conclusion of all matters of difference in Court. As far as my action in the matter is concerned, I must say the agreement as proposed was the most anomalous I ever saw.\n\nIn it Uü says, \"I was beg your Lordship to distinguish the truth I said that no contract should be concluded in from the falsehood, and to decide the case impartially and according to the various accounts set forth in my despatch.\" This is a distinct submission of the case by the King himself, by his minister to the jurisdiction of this Court, and is submission No. 6.\n\nMr. Justice Snowden who took a view of the case somewhat different from mine. I decline now to consider any question either of damages or costs. I consider that the parties practically withdrew all farther proceedings and all grounds for decision from the jurisdiction of this Court,\n\nThe Registrar's letter of May, 1874, fully sets out the facts, as far as I knew.\n\nThe letter of Fan of the 25th Sept., 1874, (Appendix H) says, \"Your Lordship is Chief Justice of the Colony, and would entertain complaints from subjects of all nationalities, and dispose of them justly, how much more would your Lordship not do so for the minister of this country. I am addressing your Lordship as an official of the Annamese Government, and on behalf of the Government.\" This is equally with No. 6 a submission of the case to the jurisdiction of this Court, and is submission No. 7.\n\nOn the whole case I have come to the following conclusions:\n\n1.-I am of opinion that the defendant has, by his ministers of marine, twice very clearly and unmistakably, submitted to the jurisdiction of this Court in this cause, as well by his pleading, and by his counsel in Court,\n\nThat having once done so he can at no time afterwards be heard to contend to the contrary, except by the express consent of the plaintiff, which has not been given.\n\nThis conclusion is confirmed by the various orders made by the consent of the King, each one of which is utterly inconsistent with the protest to the jurisdiction set up by the Attorney-General.\n\n2.-I am further of opinion that the advisers of the defendant here, having entered into the agreement, and having moved for and consented to the order of 6th of March, 1874, (Appendix B.) the advisers of the defendant, in not carrying out the agreement and order at Annam, and having failed to pay the $159,792.19, according to the terms of the order, have so acted as to have dis-\n\nUnder that agreement, Paul Nguyen Dao Han, gave his bond for $60,000 to the plaintiff; Lai Duc, the King's agent instructing the Attorney General, executed the bond with all formality in Court as surety, and that bond for $66,000 was accepted by the plaintiff despairing to get the $159,792.19, which under the order of this Court of the 6th March the King had pledged himself to pay. That document was prepared by the defendants' attorneys. The price of the bond was paid on the withdrawal of the foreign attachment, defendant the King accepted the arrangement, took possession of the Dang Wee obtained only by the bond, and his flag was displayed at the mast head, and the Dang Wee with this flag left this harbour for Annam.\n\n4.-I entirely concur in the order of Mr. Justice Snowden of the 3rd of May, 1875, now appealed against.\n\n5.-I consider the petition of appeal to be faulty and not sustainable on this ground; a petition of appeal must set out all proceedings involved in and necessary to the decision of the question named. The Attorney General does not seem to have known of several proceedings important to the decision asked (so imperfectly instructed was he) and he omitted from\n\n126", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296399, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 130, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "time. \n\n(6) \n\nMr. \n\nhis petition of appeal many proceedings necessary to a just decision which I pointed out at the Hayllar, Q.C., showed cause against the same. The latter argued that the King of Annam was a Sovereign Prince, and that on the face of the record there were sufficient admissions of the Sovereignty to justify the Court in setting aside the Writs of October 1878 and April 1874 and awarding costs and damages to the defendant. The Court adjourned as usual, and after the adjournment the argument \n\n6-The petition also appears to me to be faulty in its prayer. It asked for an order giving damages and costs, an order which must have been utterly inconsistent with the order made on the motion of the defendant himself to set down the cause to be heard, and actually in due course transferred to the hearing paper, an order which the plaintiff had accepted and which must have been proceeded with, and upon which the plaintiffs asked for a commission to examine a witness in France. \n\nFor all or some or one of these reasons I am of opinion that the petition must be dismissed, and with costs. \n\nJUDGMENT BY MR. JUSTICE SNOWDEN.\n\nMr. Justice Snowden then read the following judgment: \n\nThis is an appeal against an order made by me in the course of this suit on May 3rd, 1875.\n\nI have nothing to contribute to the very exhaustive account his Lordship has drawn up of this singular case except a narrative of the facts for which I am personally responsible. On a careful reconsideration of the various elements in this case, the reasons on which the order of May 3rd were made seem good, and I quite concur in the additional arguments provided by the Chief Justice.\n\nThe Annamese interested in the case being present, suggestions for an arrangement were once more thrown out by the Court.\n\nHaving observed that Mr. Landstein in his affidavit stated that the Dang Wee is now worth fully $12,000, and as that was all he could expect to make out of the vessel under any circumstances, I asked Mr. Hayllar whether, on good security to the amount of $15,000 being given, he would consent to the Court releasing the Dang Wee. He at once consented, and on the Court calling up Paul Nguen Dac Hau (the Annamese merchant in whose transactions with Landstein these proceedings originated), he expressed his willingness to provide security for that amount.\n\nHe named Lai Duc, the Minister of the King, as his security. The latter, on being questioned, said that he was willing to become security. That the King of Annam had seized property of Paul Ngueu Duc Hau worth $20,000 and property of his, in the hands of two other parties to the value of $10,000 each. After some discussion, the terms were altered, and Paul Nguen Duc Hau offered or agreed to enter into a Bond to pay to the plaintiff $60,000, and Lai Duc consented to become his surety for that amount.\n\nIt should here be remarked that Paul Nguen Duc Hau reiterated his assertion that the debt was his and not the King's. As Paul Nguen Duc Hau admitted the debt to Messrs. Landstein, and was ready to give security for the payment of $60,000, and Mr. Hayllar consented to accept these terms, it seemed to me most desirable that on the execution of the Bond, the Dang Wee, the great bone of contention, should be released.\n\nThe learned Attorney-General declined to take any part in the arrangement and protested against it, claiming to reserve a demand for costs and damages.\n\nThere was a slight difference of opinion between the Chief Justice and myself. His Lordship felt so strongly that the arrangement ought to be a final settlement and conclusion of this protracted litigation that he declined to be a party to any arrangement falling short of that.\n\nA few days before, an order had been obtained by the defendant, on consent of the plaintiff's counsel, that the cause should be set down on the hearing paper, and it was accordingly transferred to that paper from the hearing list, a day remaining to be fixed. In my opinion, there was an implied undertaking with the Court and with the other side to proceed to trial and to interpose no vexatious delay.\n\nBy arrangement, the three summonses to which I have referred came on for hearing together before the full Court on April 16th.\n\nThe 3rd summons was first heard, its subject\n\n(7)\n\nGeneral apply for costs afterwards if he thought summonses on the part of the plaintiff, one to The Chief Justice retained the right to do so. obtain a commission to examine Mr. Schwever, and a second to compel the defendant to give security for costs; on the part of the defendant, the summons in question, and its terms, were disapproved; but seeing that the parties desired to perfect the compromise, he left the Bench, placing in my hands the future conduct of the proceedings then before the Court.\n\nAlthough he felt unable personally to sanction it, His Lordship, by leaving the Bench, abstained from obstructing a compromise. By the proposed arrangement, the primary object of the summons, the release of the Dang Wee, would be obtained as the result of a compromise between the parties entering into it.\n\nThe Chief Justice having left the Court, I called up the Annamese and caused the interpreter to explain to them in the clearest way what the terms of the proposed arrangements were, and told them that if the Bond was executed and security given as promised, the Court would restore the Dang Wee to their possession. I then adjourned the further hearing for one week to April 23rd. On that day, all the parties appeared before me in Court, the learned Attorney General being present all the time, but stating \"that he did not then appear.\" The Bond which had been prepared by the solicitors for the King of Annam was produced and approved of by Mr. Hayllar for the plaintiff, and after being once more explained to the Annamese, who entirely understood and assented to the terms, it was executed by Paul Nguen Duc Hau as principal and Lai Duc as surety, who affixed his official seal.\n\nThe prayer of the Petition is that the said summons may be re-heard and that the full Court will decide as to its jurisdiction in the matter of the suit, and award to the Petitioner all costs and charges incurred by him in relation to this suit together with such damages as the Court may think fit to award on account of this suit and the two writs of attachment.\n\nI then signed an order to the Sheriff to release the ship. It was taken possession of by Lai Duc at once, and the King of Annam's flag was hoisted.\n\nAs soon as the order had been signed, the Attorney General applied to me to hear the adjourned argument on the summons of April 14th, and I adjourned the further hearing to May 3rd.\n\nThe argument of the learned Attorney General occupied the greater part of the sitting of the Court during two days, May 13th and 14th, and certain written arguments, which had been prepared by Mr. Kingsmill when acting as Counsel for the defendant and by Mr. Hayllar early in the suit, were also adopted.\n\nI will only say that those very learned and complete arguments, and the very able argument addressed to the Court by the learned Attorney-General, would have made a greater impression on my mind at an earlier stage of the case.\n\nAs to the latter argument, I may remark that whilst it dealt very ably and fully with the question of the immunity of Sovereign Princes from the action of foreign tribunals in case of debts, and of the King of Annam as one, it very skilfully avoided handling the real issues in the case—viz: whether, though a Sovereign Prince, the King had not incurred liabilities to Messrs. Landstein as a private trader, and whether he had not submitted to the jurisdiction of the Court.\n\nOn May 3rd, I again sat alone. The Attorney General objected that a single judge ought not to hear the adjourned summons. I held that one Judge was sufficient under the provisions of the Code, and the argument proceeded under protest.\n\nThe learned Attorney General then applied to the Court to decide as to its jurisdiction, and to award costs to defendant under sub-section 4 of section 82 of the Code, and to dissolve the two writs of attachment.\n\nMr. Hayllar objected that the ship, the subject matter of the suit, was now out of the jurisdiction of the Court, and security for a sum of money had been accepted, and that the suit was practically at an end.\n\nAfter hearing the arguments on both sides, I made an order dismissing the summons and all the outstanding summonses, notices, and motions.\n\nAt this time, there were outstanding and awaiting the decision of the Court, two summonses on the part of the plaintiff, one to obtain a commission to examine Mr. Schwever, and a second to compel the defendant to give security for costs.\n\nThe question of how far the King is a private trader could not be decided without a trial; and Mr. Hayllar showed with unanswerable force that the defendant had submitted over and over again to the jurisdiction of the Court.\n\nDuring the course of the argument, the Court strongly urged the learned Attorney General to detach the question of Jurisdiction from the question of the soundness of the order of May\n\n127", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296400, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 131, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "(9)\n\n128\n\n(8)\n\n3rd, and to raise the question of Jurisdiction by a direct substantive motion, but he declined to do so.\n\nThis I regret, as it raises the appearance of making use of merely technical grounds to get rid of a difficult and important subject.\n\nThese are the only conditions under which the Court in suits of foreign attachment can award costs or damages.\n\nIt always remains open to an aggrieved Defendant to bring an action for damages, though far be it from me to suggest such a course in the present case. Moreover, I was strongly of the opinion that the Defendant had submitted to the Jurisdiction of the Court repeatedly. Without pointing out the instances at length, I content myself with referring to those enumerated by his Lordship, as to which I entirely concur in all he has said. All these reasons and circumstances led me to the opinion I had come to that the defendant had, to use Mr. Hayllar's words, submitted over and over again to the Jurisdiction of the Court. I am anxious to avoid being supposed for one moment to be expressing an opinion as to the merits of the suit originally, about which I think there is great room for doubt; and especially as to the points raised on behalf of the defendant; I only say that I think they could be ascertained and decided.\n\nThis summons sought to raise the important subjects of the jurisdiction of the Court, and the question of damages, whilst an order of the Court amounting to an order that the suit should proceed to trial was outstanding and not complied with, viz., an order that the suit should be set down for hearing, and also whilst other summoners were outstanding to the spirit of which it was at variance. Both Sir J. Smale and myself had, after much consideration, come to the conclusion that a trial was the only way by which the very difficult points in contention could be ascertained and decided.\n\nThis was by no means our wish, and I now proceed to state the grounds on which I dismissed the summons of April 14th by the order of May 3rd.\n\n[technical grounds. I say \"technical\" because the Court could no doubt have amended the summons so as to get rid of the order to set down for hearing had it pleased to do so. As I pointed out before, I think that I had full power to act alone in this matter and that the absence of the Chief Justice cannot affect the validity of the order of May 3rd.]\n\nHow could the Court decide without a trial whether the King of Annam was a private trader or not? Whether the Dang Wee is a vessel of war belonging to the Annamese Government, or an armed merchant vessel, or whether Paul Nguen Dac was the real owner of the Dang Wee and real debtor or the King in his trading capacity?\n\nThe most conflicting and contradictory affidavits had been put in; and it was not probable that the Court would undertake to decide such grave questions by the light of so-called admissions on the record and doubtful affidavits. Nor, notwithstanding quotations from text books and decisions not exactly in point, could the Court refuse to give the greatest weight to the language of Sir R. Phillimore in his judgment in the case of the Charkich, reported in vol. 42, Law Journal, A.D., p. 36, where he says \"No principle of International Law, and no decided case, and no dictum of Jurists of which I am aware, has gone so far as to authorize a Sovereign Prince, to assume the character of a trader, when it is for his benefit, and when he incurs an obligation to a private subject, to throw off, if I may so speak, his disguise and appear as a Sovereign, claiming for his own benefit, and to the injury of a private person for the first time, all the attributes of his character.\"\n\nThe conclusions and arrangements made have been arrived at by a process of compromises and by that alone—compromises of which (if the learned Attorney General was not a party to it) his client reaps the benefit. To give the defendant costs would be to decide on the merits of the suit without allowing the Plaintiff an opportunity to establish his claim. For these reasons, I am of opinion that the order of May 3rd was good, and that this appeal must be dismissed with costs.\n\nThe learned Attorney-General did not attempt to grapple with an opinion of such high authority, expressed in language so pertinent to the facts of this case, nor did he attempt to reconcile it with his argument. It was yet more improbable that when, by a compromise, the subject matter of any such trial was out of the jurisdiction of the Court, the Court would entertain that very question of jurisdiction for the sole purpose of enabling the defendant indirectly to maintain a claim for costs under sub-section 4 of section 82, which he might make directly and successfully too, provided he could show that the defendant had caused the writ to be set aside or a judgment reserved or varied, meaning, I suppose, a judgment on the subject matter of the attachment.\n\nAs to the application for costs and damages under section 82, sub-section 4, I cannot see how, for reasons already pointed out, the conditions of the Code have been complied with; the defendant has not caused the writ to be set aside nor any judgment given in the suit to be varied.\n\nNB.—In the judgment as it was originally printed, Paul Nguen Dac Hau was stated to have sworn in an affidavit that he bought the Commodore, and that its name was changed to the Dang Wee, which still belonged to him and a partner. This is an error. It was so stated in the Petition by mistake. The statement founded on this error has been struck out.\n\nAPPENDICES.\n\n(APPENDIX A.) [Notice of Motion, 4th March, 1874.] Take Notice that this Honorable Court will be moved before the Honorable John Smale on Friday the 6th day of March instant, at 11 o'clock in the forenoon or so soon after as Counsel can be heard by Mr. Henry Kingsmill Counsel on behalf of His Majesty Tu Duc King of Annam for an order that the Foreign attachment made herein be dissolved forthwith upon the parties consenting to an order as follows:-\n\n1.—The attachment on the steamer shall be dissolved forthwith.\n\n2.—On the payment at Huey of the amount due by the defendant to the plaintiff, all proceedings in this action shall be discontinued, such amount to be ascertained at Huey.\n\n3.—On the payment of the ascertained amount, the plaintiff shall pay the defendant's costs.\n\n4.—The amount due to be ascertained within 3 months and the ascertained amount to be paid within 6 months, such time to commence from the date of the order.\n\n5.—If the amount found to be due shall not be ascertained and paid as aforesaid, then the defendant shall pay to the plaintiff the amount claimed in the writ of summons issued herein together with interest at the rate of 12 per cent. per annum commencing from the 13th October, until payment and all the costs incurred by the plaintiff.\n\n6.—All expenses incurred by the plaintiff or his agent proceeding to and on his returning from Huey to ascertain the amount due shall be borne by him.\n\nThe order to be without prejudice as to the question whether the defendant is or is not an independent Sovereign Prince.\n\nDated this 4th day of March, A.D., 1874,\n\nCALDWELL AND BRERETON,\n\nDefendant's Solicitors. To the Registrar of the Supreme Court, Hongkong.\n\n(APPENDIX B.) [Order 6th of March, 1874, made on notice Appendix A.]\n\nascertained at Huey; that on the payment of the ascertained amount, the plaintiff shall pay the defendant costs in this suit; that the amount due be ascertained within 3 months and the ascertained amount be paid within 6 months, such time to commence from the date of this order; that if the amount found to be due shall not be ascertained and paid as aforesaid, then the defendant shall pay to the plaintiff the amount claimed in the writ of summons issued herein, together with interest at the rate of 12 per cent. per annum, commencing from the 13th October, 1873, until payment, and all the costs incurred by the plaintiff; and that all expenses incurred by the plaintiff or his agent proceeding to and on his returning from Huey to ascertain the amount due shall be borne by the plaintiff.\n\nDated this 6th day of March 1874,\n\nBy the Court,\n\nW. H. ALEXANDER,\n\nRegistrar.\n\n(APPENDIX C.) [Order of second Foreign attachment of the \"Dang Wee.\"]\n\nA question having been raised whether the parties who represented the defendant in this Court were duly authorised by the King of Annam, both parties consenting.\n\nThe Court does order that the foreign attachment suspended be renewed and that the Dang Wee be restored to the custody of the Court upon the foreign attachment as if the order of the 6th March, 1874, had not been made.\n\nLet all parties and persons have liberty to proceed by themselves or their agents to Annam and make such arrangement there as they shall respectively be advised and come to.\n\nLet the proceedings thus suspended be subject to the further order of this Court.\n\nTHOS. C. HAYLLAR,\n\nCounsel for the Plaintiff. HENRY KINGSMILL,\n\nCounsel for the Defendant.\n\n(APPENDIX D.)\n\nA summons in the common Form issued by Messrs. Stephens and Holmes dated 25th January, 1875 to Messrs. Caldwell and Brereton to show cause why the former should not be appointed defendant's attorneys in this cause in the stead of the former upon payment to Messrs. Caldwell and Brereton of their costs in this suit.\n\n(APPENDIX E.)\n\nOn hearing Mr. Henry Kingsmill Counsel for the defendant, and the Honorable Thomas Child Hayllar Counsel for the plaintiff, and by consent of the parties, the defendant protesting that his rights and status of an independent Sovereign Prince are not affected hereby otherwise than for the purposes of this cause, it is ordered that the attachment on the steamer shall be dissolved forthwith; that on the payment at Huoy of the amount due by the defendant to the plaintiff, all proceedings in this action shall be discontinued, such amount to be ascertained at Huoy.\n\n[Order made on summons in Appendix D] Upon the application of Counsel for the defendant, and upon reading two affidavits of Lai Dui, filed respectively the 26th day of January, and 2nd day of February, 1875. It is hereby ordered that Messrs. Stephens and Holmes be...", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296401, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 132, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "(10)\n\nappointed attorneys for the defendant in this Cause IN THE STEAD of Messrs. Caldwell and Brereton, UPON PAYMENT to the said Messrs. Caldwell and Brereton of the costs incurred by them up to this date in or in relation to the said cause.\n\nJOHN SMALE, Chief Justice. (APPENDIX F.) (Translation.)\n\nUu, the Minister of the Mercantile Marine of the Kingdom of Annam respectfully makes this communication to His Lordship the Chief Justice of the British Colony of Hongkong and prays His Lordship to favor it with his perusal. I received letters from Ho-Man-Chung, Assistant Commander of the steamer Dang Wee reporting that the repairs of the steamer have of late been nearly completed, but that she was arrested and her workmen stopped on account of a suit which was brought by the head partner of Messrs. Landstein & Co.'s firm against the said steamer before your Lordship's Court for heavy debt contracted by Un-Tak-Hau, a Messenger of the 9th Rank, with the said head partner who now detains the steamer for the repayment of the debt, &c.\n\nAs we are living at a distant part of the ocean, we have no means of knowing what evidence was given and in what manner the lawyers, Messrs. Caldwell and Kingsmill, defended the case. As hitherto our Government steamers bound to your port, on public service, were indebted to the British officers for protection, I beg your Lordship, when the case against the steamer Dang Wee is brought before your Court for trial to speedily decide it impartially, and to bring to light the fact that the debt left unpaid was contracted by Un-Tak-Hau, Lai-fai and Ng-Wang, and is their private debt, and by no means a public one.\n\nAs Lai-Tin, Vice-President of the Board of Revenue, attended by Un-Fai-Kwan, a Clerk of the same Board and Acting Deputy of the steamer Dong Wee, proceeds to your port to act as Royal Commissioner and 1st Commander of the Dang Wee for the purpose of Superintending the affairs of the steamer, I have instructed these officers to lay before your Lordship this Communication setting forth the circumstances of the case, and I beg your Lordship to distinguish the truth from the falsehood and to decide the case impartially and according to the various accounts set forth in my Despatch, so that the steamer may be able to return early to our Country for service after completion of repairs.\n\nFor your doing so I will ever be under obligation to your Lordship. I have now obtained from enquiry that John Jack was the owner who sold her to us at a suitable price of $91,000 which was duly paid in full, and of this there is documentary proof. In the 23rd and 24th year of Tu Duc, Lai Fai, her first Commander and Ng Wang her second Commander were commissioned to proceed in the steamer to Hongkong where they had the presumption to stand security for Un-Tak-Hau, in the purchase of a small steamer, and for the private negotiation of a loan with Messrs. Landstein & Co. for the buying of some Ginseng. The Master of that firm wrote to us asking for the reimbursement of the debt which had been privately contracted by those two officers. This was a private transaction and not a public one, and the debt was not incurred for the purchase of the Dang Wee steamer, which is the property of our Government and not of Un-Tak-Hau.\n\nThe circumstances of the case were set forth in a letter which was forwarded to His Excellency the Governor through Wo Ku the 1st Commander of the Dang Wee steamer, then bound to your port for repairs, on a certain day in the 1st month of last year, and we presume His Excellency perused its contents.\n\nNow the steamer is implicated in a suit and up to the present time, which is fully one year, her repairs have not been completed.\n\nAccording to the reports of Wo Ku and of another officer who has returned, the suit was trumped up by Ubau-Yu Yee (Schwerer?) a capitalist in Messrs. Landstein & Co. with the assistance of Monogham, the Engineer of the steamer Dang Wee, and Dumpby the Superintendent of her repairs, who acted as spies and used their influence in the case.\n\nHow is it that the head partner of Messrs. Landstein & Co. who is at present absent, did not serve us previous notice? The whole matter looks suspicious in fact.\n\nprivately contracted by Un-Tak-Han, Lai-Fai, and Ng-Wang, whom I have ordered to repay the money which is hereafter left to be settled by them with the head of Messrs. Landstein & Co.\n\nIn conclusion I beg to express my wish that your Lordship may enjoy the happiness of the season.\n\nA respectful Communication. 4. 1. 27th year of Tu Duc,\n\n(APPENDIX G.) (Answer by the Registrar of the Supreme Court.) The Supreme Court Hongkong, May, 1874.\n\nSIR,\n\nI have the honor to acknowledge the receipt by the Chief Justice of Your Excellency's letter dated the 4th day of the first month of the 27th year of the reign of H. M. Tu Duc.\n\n1. I am directed to state that it is contrary to the Law and custom of England for a Judge to receive any communication by letter, all communications must be made in the presence of the parties whose interests are intended to be affected thereby. Considering however that the customs here are not known in Annam, I am to reply to Your Excellency's letter.\n\n2. That letter contains various statements of circumstances which you doubtless understand to be accurate, but it is contrary to English Law that any statements however accurate can be accepted by the Judge unless they are proved by the solemn declaration of persons who would be subject to criminal prosecution by the Court in case the statements should not be true, whatever reliance therefore you may place on the statements made to you, and repeated in your letter the Judge must disregard them entirely, and is bound by inflexible Law to dispose of the case of Landstein against His Majesty Tu Duc now litigated before him according to facts deposed to and hereafter to be deposed to in this Supreme Court and the Law of England as applicable to those facts.\n\n3. That case or suit was commenced in due form by a petition by Landstein the plaintiff.\n\nA copy of that petition accompanies this letter marked A, to which Your Excellency is referred.\n\nin, and for the balance due for goods sold and delivered to the defendant and otherwise, that the cause of action arose within the jurisdiction of this Court and that H. M. Tu Duc was entitled to moneys in the hands of Heard & Co., and to the Dang Wee then lying in the harbour of this Colony in the possession of No qu and Ho Vau Tong.\n\nA copy of this affidavit accompanies this letter marked B.\n\nThe petition contained a statement that Landstein a merchant in Hongkong sued the defendant His Majesty Tu Duc the King of Annam in his capacity of merchant or trader. It sets forth an agreement dated the 20th of January of the Christian era 1870, (about four years ago) entered into between Lai How and Ng Wob, mandarins, ambassadors, and agents of His Majesty Tu Duc, and that thereby the steamship Commodore was sold to H. M. Tu Duc for the price of $66,000, that that ship was duly delivered to and accepted by H. M. Tu Duc, and that His Majesty had changed the name of this ship Commodore to the Dang Wee, and that under that name that vessel has since very frequently been used by H. M. Tu Duc for the purposes of trade or profit with cargoes of merchandise on board for sale.\n\nA copy of the agreement was annexed to the petition, a copy thereof marked A 1, accompanies this letter to which Your Excellency is referred.\n\nThe same petition further alleged the sale and delivery to H. M. Tu Duc of divers merchandise, and claims thereon which Landstein alleged not to have been paid for.\n\nAnnexed to the petition were two accounts, one-A2 being the account in respect of the sale of the Commodore, on account of which the plaintiff alleges that a sum of $83,885.13 is still due to him. The other A3 being an account in respect of merchandise and charges on account of which the plaintiff alleges that a sum total of $91,031.59 is due, copies of these two accounts are accompanying this letter.\n\nIn substance the petition states that H. M. Tu Duc has actually received value from Landstein to the total amount shown by the two accounts.\n\nThe petition asks the Court to decree payment to the plaintiff by the defendant of the two sums, making the sum of $174,918.72.\n\n4. When such a petition is filed it becomes the duty of the party against whom a claim is made to appear in Court and deny the claim, In a case in which the party sued is not in the Colony the Law provides a remedy. H. M. Tu Duc not being in the Colony that remedy was applied in reference to H. M. as it would be against any ordinary absent person. That remedy is called a writ of foreign attachment. The proceeding was as follows:\n\nMr. Erdmann the managing clerk of the plaintiff Landstein made oath and solemnly declared that H. M. Tu Duc was then justly and truly indebted to the plaintiff Landstein in the sum of $159,792.19 the purchase money of the steamship Commodore and alterations thereon.\n\nA copy of this writ of foreign attachment marked C accompanies this letter.\n\n5. Upon this affidavit taken as proof until disproved that H. M. Tu Duc owed that sum to Landstein, this Court was compelled by the obligation of doing justice to grant a writ of foreign attachment.\n\n6. Under this writ the sheriff who is an officer of this Court seized the ship-the Dang Wee and holds it as security so far as it will extend that the plaintiff Landstein shall have the proceeds of the sale of it in part payment of the sum provisionally proved due until the defendant H. M. Tu Duc shall prove that nothing is due or as security for so much as shall ultimately be proved due.\n\n7. An Annamese officer named Ho You Teong instructed Lawyers to defend the rights of H. M. Tu Duc, and for him Mr. Kingsmill an advocate before the Court contended.\n\n1st. That H. M. Tu Duc was an Independent Sovereign.\n\n2nd. That the ship was not a trading ship, and that on one or both these grounds the steamer ought to have been set free.\n\nOn the part of Landstein the contrary was contended by Mr. Hayllar his advocate.\n\n8. Whilst the Court was considering the matter an agreement was come to on behalf of Landstein on the one part and of H. M. Tu Duc on the other part.\n\nCopy of this agreement marked D is herewith sent and by consent it was arranged that the steamer should be freed and sent back to Annam.\n\n9. This agreement was most satisfactory to the Court. It placed the whole decision of the matter in the Royal Judgment of H. M. the King of Annam, Landstein asserted that he was quite satisfied with the agreement and the case was left in that state out of deference and respect for H. M., which was proper.\n\n10. It seems however that Un Fai Kwan had claimed to act for H. M. the King in this matter, but his Lawyers and advocate retired from that claim. However he went it seems to Annam and made representations, which induced H. E. Uu to send Lai Tin to Hongkong with letters to H. E. the Governor of this Colony and to the Chief Justice.\n\n(11)", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296402, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 133, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "43\n\n(12)\n\nLai Tin was then cited by Landstein and examined in open Court.\n\nLai Tin refused to sanction the agreement and claimed that it had been entered into by Ho Man Tsung without authority from Government. The steamer Dang Wee was sent to Hongkong 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 Landstein & Co., and the repairs to the steamer were in consequence stopped. I sent a despatch to Your Lordship, also one to H. E. the Governor on the subject, which I presume were duly received.\n\n12. 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.\n\nOfficers on board the said steamer Dang Wee secretly became security for him without the knowledge of this Government. In the 1st moon of last year, (February, 1873), this Government sent the steamer Dang Wee to Hongkong...\n\n13. I have to add that under present circumstances every ship and all merchandise of H. M. the King of Annam that shall come to Hongkong 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.\n\nIt 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 Landstein & 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.\n\nIf, 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.\n\nThe Government was informed that the Firm of Landstein & 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 Un Tak Hau and Lai Afai are willing to pay a further sum of $20,000 or $30,000 when they return to their country and the balance when they have coined money, this appears to be very fair.\n\nA 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?\n\nSir,\n\nI have the honor to be,\n\nYour most obedient and humble Servant,\n\n(Signed) W. H. ALEXANDER,\n\nRegistrar.\n\nHis Excellency,\n\nThe Minister of the Mercantile Marine of the Kingdom of Annam.\n\n(APPENDIX H.)\n\nThe 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...\n\nThe official who was deputed to settle the matter wrote and informed this Government that the Firm of Landstein & Co. had...\n\nThis Government 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 so that she may return for public service and save this Government further unnecessary expense.\n\nThis is my prayer. An answer to this despatch will much oblige. In conclusion, I beg to tender my best compliments.\n\n15th day of 8th Moon, 27th Year of Tu Duc.\n\n(25th September, 1874.)\n\nSealed with the seal of the Minister,\n\nPrinted at the Daily Press Office, Hongkong.\n\nSir,\n\n24,1829-\n\n75-\n\n130\n\nAttorney General's Office\n\n22nd May 1875.\n\nI have the honour to return herewith your minute of the interview between yourself and the Annamese Mandarins upon the 3rd of May, and in obedience to His Excellency's commands conveyed in your memorandum of the 16th of May, I beg to submit the following report upon the whole case.\n\nThe short facts are that on the 13th of October 1873, a suit for an alleged debt was commenced by writ of Summons against the King of Annam. On the 14th of October, the Dangwee was attached in the hands of her Commander...\n\nThe Honorable Cecil C. Smith\n\nActing Colonial Secretary", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296407, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 138, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "and paid as aforesaid, then the Defendant shall pay to the Plaintiff the amount claimed in the writs of Summons issued herein together with interest at the rate of 12 per cent per annum commencing from the 13th October 1873 until payment and all the costs incurred by the Plaintiff, and that all expenses incurred by the Plaintiff or his agent proceeding to and returning from Huey to ascertain the amount due shall be borne by the Defendant.\n\nSome time after the attachment of the Dangure (the exact date does not appear) Inn fai Kwan the third in command, after surrendering the conduct of the case into the hands of another Solicitor returned to Annam to report matters to his Government, and on the 12th of March 1874 there arrived in Hongkong a mandarin named Kai Tin, the superior of the two mandarins who waited upon the Acting Colonial Secretary. This Officer was a minister and Vice President of the Board of Finance of the Kingdom of Annam, and was sent by the Government of Annam as representative of the King and especially to attend to the affairs of the Dangwee to which he was appointed Commander. He was the bearer of letters to the above effect addressed to the Governor and to the Chief Justice.\n\nHis Honour directed copies of his letter to be sent to both Solicitors: a copy is enclosed herein, from which it will be seen that Landstein's debtors are said to be certain Annamese who had traded on their own account, and that the Annamese Government to assist Landstein had taken possession of the property of Untaxhaw one of the debtors, and had punished him by imprisonment. Untaxhaw is the man Panku mentioned above.", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296408, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 139, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "64... \n\n13653: \n\nabove referred to \n\nLai Fin refused to carry out the order of the 6th March and when examined before the Chief Justice on the 13th of April asserted that Homan Chung had only \"authority over the ship but no authority to settle the suit. Counsel on both sides then consented to the following order, to which Hai Lin appears to have assented with reluctance, after asking for time to communicate with the Annamese Government.\n\nA question having been raised whether the parties who represented the defendant in this Court were duly authorised by the King of Annam both parties consenting. The Court does order that the Foreign Attachment suspended be revived and that the Dangwee be restored to the custody of the Court upon the Foreign Attachment as if the Order of the sixth March One thousand eight hundred and seventy four had not been made. Let all parties and persons have liberty to proceed by themselves or their Agents to Annam and make such arrangement there as they shall respectively be advised and see to. Let the proceedings be thus suspended and subject to the further order of the Court.\n\nUpon the next day the 14th of April 1874 The plaintiff took out a fresh writ of attachment, and the Danguee was again attached in the hands of her new Commander Lai Tiv, and she so remained until the 23 April 1875, having in the interval undergone the terrific typhoon of the 22nd September last.\n\nIn pursuance of the above arrangement an agent of the Plaintiff, one Schnvoerer proceeded to Anriarn", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296409, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 140, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "137\n\nAnnum and by the same steamer the Chief Justice caused a letter to be sent by the Registrar of the Court addressed to the King's Minister at Annam. A copy of this letter is enclosed, and of the reply thereto from Jules Covert to the Government of Annam.\n\nEnclosure No.3 Registrar of the Gov of Annam and reply to the Chief Justice.\n\nSchwerer returned in June 1874 without having come to any settlement; and by the same steamer Paulus arrived in the Colony.\n\nPaulus admits in affidavits recently made in the cause that with another Annamese he purchased the \"Commodore\" from Landstein in 1870 as well as the goods for which the King has been sued, but of which the original invoices were made out to himself personally. (Two of these invoices in the name Paulus sky yuen Que How amounting to $693.00 dated February and May 1870 are now before me, but there has not been any proper opportunity for producing them in Court).\n\nHe also states in his affidavits that the King of Annam had seized his property when the suit was commenced and had thrown him into Gaol, whence he was released for the purpose of coming to Hong Kong, his property being still held by the Government.\n\nThe plaintiff took no steps to bring his suit to a hearing before the Court, and the year 1874 was consumed in Paulus making offers to Landstein to settle the matter and in Landstein ignoring Paulus and offering to accept payment from the King, and accordingly no terms being agreed upon, the last offer was withdrawn.\n\nIn January 1875 Lai Sin being dissatisfied with the Attorneys who had so far conducted the case on behalf of the King consulted another firm who...", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296433, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 164, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "94.\n\n95\n\n161\n\nnothing\n\nis d\n\ndue\n\nCto\n\nsecurity for\n\n00\n\nmuch\n\n(0\n\nshall\n\nultimately be proved due.\n\nAn Annamese Officer named De Von Jeung instructed Lawyers to defend the rights of H. M. Iu Que, and for him Mr \"Kingsmill, an advocate before the Court, contended\n\nThat H. M. Iu Lue was an Independant Sovereign.\n\nThat the ship was not a trading ship and that on one or both these grounds the steamer ought to have been set free. On the part of Landstein, it was contended by Mr Haylat, his advocate\n\n8.\n\nWhilst the Court was considering the matter, an agreement was come to on behalf of Landstein, the one part, and on the part of H.M. Iu Que on the other part.\n\nCopy of this agreement is herewith sent, and by consent, it was arranged that the steamer should be freed and sent back to Annam.\n\n9. This agreement placed the whole decision of the matter in the Royal judgment of H. M. the King of Annam. Landstein was most satisfactory to the Court, and assented that he was quite satisfied with the arrangement, and the case was left in that state out of deference and respect for H.M.\n\n10.\n\nIt seems, however, that Un Sai Kran had claimed to act for H.M. the King in this matter, but his lawyers and advocate retired from that claim. However, he went, it seems, to Annam and made representations which induced H. E. Un to send Cai T'iu to Hong Kong with letters to H.E. the Governor of this Colony and the Chief Justice.\n\nCai T'iu was cited by Landstein and cross-examined in open Court.\n\nCai T'iu refused to sanction the agreement made, saying that it had been entered into without authority from H. M. Iu Duc.\n\nThe agreement being disputed, Mr Kingsmill, as briefing for H.M. Iu King, was not insisted on by the Plaintiff, Landstein, and the order which discharged the \"Dang Wee\" from the attachment ceased to be in force, and the steamer is now in the custody of the sheriff as security to the Plaintiff Landstein.\n\nI 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 dealt with...", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296438, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 169, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "2 in C.S.O. N. 1668\n\nJe 360.\n\n4.37)\n\n94\n\n10529\n\n75\n\n102 A\n\nActing Colonial Secretary & Chief Jus\n\nSi\n\n166\n\nif Justice\n\nColonial Secretary's Office\n\nHoughton's 24th May 1873.\n\nI have directed to transmit to Your Honor the accompanying copies of a Memorandum regarding an interview I had with certain Annamese Officials on the 22nd inst.\n\nThe ... will doubtless be referred to H.M. Government and in order to be placed in the hands of the Secretary of State for the Colonies.\n\nBouvrable In John Small\n\nfe", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296441, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 172, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "105\n\nF\n\n184.\n\n2.\n\n9. This cause was the most protracted in duration and unusual in its proceedings of all litigious cases in this court within my experience and it appeared to Mr Justice Snowden and myself most important that the judgment should contain a plain history of the proceedings. This has caused the judgment to run to great length.\n\n3. I informed you that I thought it would be convenient that the judgment should be printed in pamphlet form which was the more necessary because the newspapers did not print the appendices, necessary to the full understanding of the judgment. You then said that the Government would require six copies. If more be wanted I will send other copies. I enclose six copies.\n\n169\n\n4. I duly received your letter No.: 360 on the 27th of May last as I have already personally informed you inclosing a copy of a Memorandum as to an interview you had with certain Annamese Officials on the 3rd of that month. In that letter you desired me to prepare a report on the Memorandum.", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296444, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 175, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "172\n\n(4)\n\nment if the Government recognised the King of the 18th of April, 1874, to the Colonial Secretary, in which I said, “I am prepared as an independent Sovereign, Prince, as international matter over-riding the jurisdiction take the entire responsibility of directing the of this Court, and for aid in any case than it Registrar of the Supreme Court to send the letter if H. E, should approve, or not expressiv did in this matter.\n\nI have before slightly alluded to com.disapprove of the letter, but if H. E. should Court and the expressly disapprove of the letter I will not munications between this Government of this Colony, and also the Go- direct it to be sent.\" verament of Aonam, ng having, with other causes, contributed to the delay up to the month of March, 1874. I now proceed to shew that this Court fully understood its duty, a neglect of which the learned Attorney General in April last, for the first time, somewhat late in the case, imputed to the Chief Justice, owing, as I repeat, to his imperfect instructions. No one shews more desire to avoid inaccuracy than the Attorney General,\n\nI have already stated that this suit was insti- tuted on the 14th of October, 1873. I was, from the first, greatly impressed with the question whether this Court could have auy jurisdiction, and I personally communicated my difficulties to the Colonial Secretary. I remembered the case of the Malespina, a Spanish vessel of war, temporarily employed in carrying letters be- tween the Hongkong Post Office and Manila, in which similar questions had been raised in 1862, when I was Attorney General here. That precedent was referred to in my conversa. tions with the Colonial Secretary. From my own recollection, and from information given to me, I can now state that the dispute in that osse was settled, and the questions did not come on for discnasion.\n\nI believe it was then the better opinion that it was not the duty of the local Government to interfere directly with the action of this Court, but that in such a case as the present, the Government would be authorized, in the exer cise of its discretion, on the advice of its legal adviser, without communication from this Court, but spontaneously, to direct the Crown Solicitor to appear, I presume by Counsel, in Court and claim, in the name of the Govern- ment, the discharge of the ship as had been advised to be done, and as was, as I understand, done on the 24th of April, 1860, in the case of an officer of the Sardinian frigate Beroldi, served with a summons from the County Court of Bow in England.\n\nOn the following day my draft letter was re turned to me with a memorandum that fl. the Governor would make no objection to the Chief Justice adopting the course be proposed, bat that he would not accept any responsibility for any proceedings or communications beyond what bad already been adopted.\n\nto\n\nThe exception, as I understood, referved B sbort letter written by the Colonial Secretary to H. E. Un, to which it is beyond my province to do more than thus refer.\n\nThe letter by the Registrar was dated Mar 1874, (See Appendix G) and was duly sent ( Annam by him.\n\nThat letter followed, as I stated in my lette to the Colonial Secretary of the 28th April, s precedent which Sir R. Phillimore, Judge of the High Court of Admiralty, had furnished is The Charkieh, in which the Registrar, by direction of that High Court, addressed a letter to the Ambassador from the Ottoman Court a set out in L.R. 4 Ad. and Elec. p 69., as the re salt of which the Khedive appeared under pro test and the cause proceeded to decision.\n\nI received a letter from Fan, the minister of marine of Annam, dated 25th of September, 1874, (See Appendix H) and which letter w written after the receipt of the letter by the Registrar of May, 1874,\n\nThis is the history of the communication which were made extra judicially, efforts azi communications in excess of those which the Attorney General suggested that it was my day to have made which I bad not made. I we the communications which I did make to the Government because it appeared to me that the question was one in which it was the right, and possibly the daty, of the Government here, if i had been advised that the contention on behalf of the defendant was clearly sustainable, to have directed an appearance by Counsel in the cause, and to have claimed, as a matter of siste and as being exclusively subject to international law, and, therefore, beyond judicial decision, the release of the Dang Wee, and the discharge of the defendant from the suit. This was done in the case in the Country Court of Bow above referred to; but if the Government was advised that the matter admitted of doubt, then it would leave the matter to the ordinary decision by the Court without interfering. Still the pr sumption would be left on the mind of the Court that the case was not one for claim of exemption on the ground of international right. I all I could to place the Government in fa It occurred to me to be proper that the Re-possession of the case and the Government ap pears to have thought that the claim of the Kug giatrar of this Court should write officially to\n\nwas too doubtful to entitle the King to the H. E. Uü, stating the proceedings in the case, and a draft of the proposed letter was submit interferenca of this Government, and it ex ted to H, E. the Governor by me with a letter, pressly left all the responsibility on the Court.\n\nI was the more induced to make the com- munication to the Colonial Secretary of the difficulty in this case, because I had received a communication from Un, the Minister of Mer- cantile Marine of the Kingdom of Annam, (Appendix F) dated, I believe, in November. 1873, and because a letter to the like purport had been received by H.E. the Governor which was transmitted for my information on the 24th March, 1874.-(See Appendix F.)\n\nThe matter was fully discussed between the Colonial Secretary and myself.\n\n(5)\n\nHowever much I may regret the course which entitled the defendant to any assistance from left so heavy a responsibility on the Court, I thia Court.\n\nthe\n\nam bound to admit that the Government was 3.I am further of opinion that the contract right in not interfering. I was bound to believe, and bond entered into in the presence of Mr. and I presumed, and I shall continue to presume Justice Suowden on the 23rd of April last, and antil I am informed to the contrary, that in the consequent second release of the Dang Wee originally declining to interfere, and in never from attachments by this Court, and the taking up to this time intervening, it bas acted under possession of the Dang Wee by the defendant the advice of its daly constituted legal adviser by his agents, was an agreement if made be- for the time being.\n\ntween the parties alone and without\n\na cbange Having abewn that the Court was not want approbation of this Court-Buch ing in duty towards the Government, I trust it of the relative position of the parties as of Court as to any has been equally correct in what it did in put all parties bat respect of the King of Annam.\n\nI have now to consider the effect of It was impossible for the Court, the main enh- the first letter from Annam, that fromjects of dispute being arranged, to consider the\n\nIt is Vü.\n\nbeyond\n\nthat question\n\namerits of the case in such a way as to enable it Sovereign Prince may waive his right and to decide costs or questions as to the injary to submit to the jurisdiction of this Court. the dignity of the King. If the agreement was I have before expressed my opinion that in the made with the sanction of the Court, it was a proceedings in Court that right has, in fact, been conclusion of all matters of difference in Court. over and over again absolutely waived, but this As far as my action in the matter is con- letter of Uä appears to me to be an express (cerned, I must say the agreement as proposed anomalous I ever knew. aubmission to this Court. In it Cü says, \"I was the most\n\nThe Registrar's letter of May, 1874, fully sets out the facts.\n\nThe letter of Fan of the 25th Sept., 1874, (Ap- pandix H; says, \"Your Lordship is Chief Jns- tice of the Colony, and would entertain com- plaints from subjects of all nationalities, and dispose of them justly, how much more would your Lordship not do so for the minister of this country. I am addressing your Lordship as an oficial of the Annamese Government, and on be- half of the Government,” This is equally with No. 6 a submission of the case to the jurisdic. tion of this Court, and is submission No. 7.\n\nother or further remedy for damages or costs.\n\ncon.\n\nbeg your Lordship to distinguish the truth I said that no contract should be concluded in from the falsehood, and to decide the case im. my presence which did not conclude all ques- partially and according to the various accounts tions. The parties chose to continue the con set forth in my despatch.\" This is a distinct tract. I declined to sit as quasi arbitrator, or to submission of the base by the King himself, countenance a partial agreement; the parties, by his minister to the jurisdiction of this Court, including the King's agent here who alone in- and is submission No. 6. structed the Attorney General, in the presence of the Attorney General persisted in clading the arrangement. My only resource was to protest and leave the bench, de- legating the further bearing of the motion to Mr. Justice Snowden who took a view of the case somewhat different from mine, I decline now to consider any question either of damages or costs. I consider that the parties practically withdrew all further proceedings and all grounds for decision from the jurisdiction of this Court. Under that agreement, Paul Nguen Duc Hau, gave his bond for $66,000 to the plaintiff; Lai Duc, the King's agent instructing the Attorney General, executed the bond with all formality in Count as surety, and that bond for $66,000 was accepted by the plaintiff des- pairing to get the $159,792.19, which under the order of this Court of the 6th March the King had pledged himself to pay. That document was prepared by the defendants' attornies. was paid on the The price of the bond\n\nThe withdrawal of the foreign attachment. defendant the King accepted the arrange- Dang Wee ment, took possession of the obtained only by the bond, and hie flag was displayed at the wast head, and the Dang Wee with this Bag left this barbour for Aunam.\n\nOn the whole case I have come to the follow- ing conclusiong ;-\n\n1.-I am of op nion that the defendant has, by his ministers of marine, twice very clearly and unmistakably, submitted to the jurisdiction of this Court in this cause, as well by his pleading, and by bis counsel in Court.\n\nThat having once done so be can at no time afterwards be heard to contend to the contrary, except by the express consent of the plaintiff, which has not been given.\n\nThia conclusion is confirmed by the various olders made by the consent of the King, each one of which is utterly inconsistent with the protest to the jurisdiction set up by the Attor- Dey-General.\n\n-I am further of opinion that the advisers of the defendant here, having entered into the agreement, and having moved for and consented to the order of 6th of March, 1874, (Appendix B.) the advisers of the defendant, in not carrying out the agreement and order at Annam, and having failed to pay the $159,792.19, according to the terms of the order, have so acted as to have die\n\n4-I entirely concur in the order of Mr. Jus- tice Snowden of the 3rd of May, 1875, now ap- poaled against,\n\n5.-I consider the petition of appeal to be faulty and not sustainable on this ground; a petition of appeal must set out all proceedings involved in and necessary to the the decision of The Attorney General the question named. does not seem to bave known of several proceed- ings important to the decision asked (so imper- featly instructed was he) and he omitted from", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296445, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 176, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "(6)\n\nhis petition of appeal many proceedings necessary to a just decision which I pointed out at the time,\n\n6. The petition also appears to me to be faulty as to its prayer. It asked for an order giving damages and costs, an order which must have been utterly inconsistent with the order made on the motion of the defendant himself to set down the cause to be heard, and actually in due course transferred to the hearing paper, an order which the plaintiff had accepted and which must have been proceeded with, and upon which the plaintiffs asked for a commission to examine a witness in France.\n\nFor all or some or one of these reasons I am of opinion that the petition must be dismissed, and with costs.\n\nJUDGMENT BY MR. JUSTICE SNOWDEN. Mr. Justice Snowden then read the following judgment:\n\nThis is an appeal against an order made by me in the course of this suit on May 3rd, 1875. I have nothing to contribute to the very exhaustive account his Lordship has drawn up of this singular case except a narrative of the facts for which I am personally responsible. On a careful reconsideration of the various elements in this case, the reasons on which the order of May 3rd were made seem good, and I quite concur in the additional arguments provided by the Chief Justice.\n\nmatter being decisive of the other two. Mr. Hayllar, Q.C., showed cause against the summons, and the learned Attorney General was heard in support. The latter argued that the King of Annam was a Sovereign Prince, and that on the face of the record there were sufficient admissions of the Sovereignty to justify the Court in setting aside the Writs of October 1873 and April 1874 and awarding costs and damages to the defendant. The Court adjourned as usual, and after the adjournment the argument was resumed.\n\nThe Annamese interested in the case being present, suggestions for an arrangement were once more thrown out by the Court.\n\nHaving observed that Mr. Landstein in his affidavit stated that the Dang Wee is now worth only $12,000, and as that was all he could expect to make out of the vessel under any circumstances, I asked Mr. Hayllar whether, on good security to the amount of $15,000 being given, he would consent to the Court releasing the Dang Wee. He once consented, and on the Court calling up Paul Ngueu Do Hau (the Annamese merchant in whose transactions with Landstein these proceedings originated), he expressed his willingness to provide security for that amount.\n\nHe named Lai Duc, the Minister of the King, as his security. The latter, on being questioned, said that he was willing to become security, that the King of Annam had seized property of Paul Nguen Duc Hau worth $20,000 and property of his, as I understood, in the hands of two other parties to the value of $10,500 each. After some discussion, the terms were altered, and Paul Nguen Duc Hau offered or agreed to enter into a Bond to pay to the plaintiff $60,000 and Lai Duc consented to become his surety for that amount.\n\nIt should here be remarked that Paul Ngueu Duc Hau reiterated his assertion that the debt was his and not the King's. As Paul Nguen Duc Hau admitted the debt to Messrs. Landstein, and was ready to give security for the payment of $60,000 and Mr. Hayllar consented to accept these terms, it seemed to me most desirable that on the execution of the Bond, the Dang Wee, the great bone of contention, should be released.\n\nThe primary proceedings in this suit took place about 18 months before my arrival in the Colony, and I believe that I first took part in sitting with His Lordship to hear two summonses dated April 14th, 1874; one calling on the defendant to show cause why he should not be restrained from future proceedings until he had given security for costs, and the second calling on defendant to show cause why a commission should not issue for the examination of Eugene Schwerer resident at Paris; the third was a summons of a later date issued on the part of the defendant calling on the plaintiff to show cause why the Court should not decide as to its jurisdiction in the matter of this suit, and why the Writ of Attachment dated October 14th, 1873, and April 14th, 1874, should not be set aside,\n\nThe learned Attorney-General declined to take any part in the arrangement, and protested against it, claiming to reserve a demand for costs and damages. There was a slight difference of opinion between the Chief Justice and myself. His Lordship felt so strongly that the arrangement ought to be a final settlement and conclusion of this protracted litigation, that he declined to be a party to any arrangement falling short of that.\n\nA few days before, an order had been obtained by the defendant, on consent of the plaintiff's counsel, that the cause should be set down on the hearing paper, and it was accordingly transferred to that paper from the hearing list, a day only remaining to be fixed. In my opinion, there was an implied undertaking with the Court and with the other side to proceed to trial and to interpose no vexatious delay.\n\nBy arrangement, the three summonses to which I have referred, came on for hearing together before the full Court on April 16th.\n\nThe 3rd summons was first heard, its subject...\n\n(7)\n\nThe Chief Justice retained the very strong opinion he had expressed and declared that he would not take a part in a compromise.\n\nsummons in question, and promise, of which, not being defined in its terms, be disapproved; but seeing that the parties desired to perfect the compromise, and there was an order of the Court that the suit should be put down for hearing, the learned Attorney-General, and by consent of Mr. Hayllar, the spirit of which order had never been practically acted on.\n\nA petition of appeal against this order was lodged and came on for hearing before the full Court on May 13th. The grounds are set out in the petition. The facts connected with the hearing of the summons of April 12th as before entering into it.\n\nnarrated are all set out as well as the order made by me May 3rd.\n\nThe Chief Justice having left the Court, I called up the Annamese and caused the interpreter to explain to them in the clearest way what the terms of the proposed arrangements were, and told them that if the Bond was executed and security given as promised, the Court would restore the Dang Wee to their possession.\n\nThe petitioner complains that he is aggrieved by that order, and alleges that the same is erroneous as far as it orders that the summons of the defendant of the 12th April should be dismissed.\n\nI then adjourned the further hearing for one week to April 23rd. On that day, all the parties appeared before me in Court, the learned Attorney General being present all the time, but stating \"that he did not then appear.\" The Bond which had been prepared by the solicitors for the King of Annam was produced and approved of by Mr. Hayllar for the plaintiff, and after being once more explained to the Annamese, who entirely understood and assented to the terms, it was executed by Paul Ngueu Duc Hau as principal and Lai Duc as surety, who affixed his official seal.\n\nI then signed an order to the Sheriff to release the ship. It was taken possession of by Lai Duc at once, and the King of Annam's flag hoisted. This source of such protracted and intricate litigation has since left Hong Kong harbor for Annam.\n\nAs soon as the order had been signed, the Attorney General applied to me to hear the adjourned argument on the summons of April the 14th, and I adjourned the further hearing to May 3rd.\n\nOn May 3rd, I again sat alone. The Attorney General objected that a single judge ought not to hear the adjourned summons. I held that one Judge was sufficient under the provisions of the Code, and the argument proceeded under protest.\n\nThe learned Attorney General then applied to the Court to decide as to its jurisdiction, and to award costs to defendant under sub-section 4 of section 82 of the Code, and to dissolve the two writs of attachment. Mr. Hayllar objected that the ship, the subject matter of the suit, was now out of the jurisdiction of the Court, and security for a sum of money had been accepted, and that the suit was practically at an end.\n\nAfter hearing the arguments on both sides, I made an order dismissing the summons and all the outstanding summonses, notices, and motions. At this time, there were outstanding and awaiting the decision of the Court, two summonses on the part of the plaintiff, one to obtain a commission to examine Mr. Schwerer, and a second to compel the defendant to give security for costs;\n\nThe prayer of the Petition is that the said summons may be re-heard and that the full Court will decide as to its jurisdiction in the matter of the suit, and award to the Petitioner all costs and charges incurred by him in relation to this suit together with such damages as the Court may think fit to award on account of this suit and the two writs of attachment.\n\nThe argument of the learned Attorney-General occupied the greater part of the sitting of the Court during two days, May 13th and 14th, and certain written arguments, which had been prepared by Mr. Kingsmill when acting as Counsel for the defendant and by Mr. Hayllar early in the suit, were also adopted.\n\nI will only say that those very learned and complete arguments, and the very able argument addressed to the Court by the learned Attorney-General, would have made a greater impression on my mind at an earlier stage of the case.\n\nAs to the latter argument, I may remark that whilst it dealt very ably and fully with the question of the immunity of Sovereign Princes from the action of foreign tribunals in case of debts, and of the King of Annam as one, it very skilfully avoided handling the real issues in the case—viz: whether, though a Sovereign Prince, the King had not incurred liabilities to Messrs. Landstein as a private trader, and whether he had not submitted to the jurisdiction of the Court.\n\nThe question of how far the King is a private trader could not be decided without a trial; and Mr. Hayllar showed with unanswerable force that the defendant had submitted over and over again to the jurisdiction of the Court.\n\nDuring the course of the argument, the Court strongly urged the learned Attorney General to detach the question of Jurisdiction from the question of the soundness of the order of May 3rd.", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296446, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 177, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "(8)\n\n3rd, and to raise the question of Jurisdiction by a direct substantive motion, but he declined to do so.\n\nThis I regret, as it raises the appearance of making use of merely technical grounds to get rid of a difficult and important subject.\n\nThese are the only conditions under which the Court in suits of foreign attachment can award costs or damages,\n\nIt always remains open to an aggrieved Defendant to bring an action for damages, though far be it from me to suggest such a course in the present case.\n\nThis was by no means our wish, and I now proceed to state the grounds on which I dismissed the summons of April 14th by the order of May 3rd.\n\nMy opinion was that the Defendant had submitted to the Jurisdiction of the Court repeatedly. Without pointing out the instances at length, I content myself with referring to those enumerated by his Lordship, as to which I entirely concur in all he has said. All these reasons and circumstances led me to the opinion I had come to that the defendant had, to use Mr. Hayllar's words, submitted over and over again to the Jurisdiction of the Court. I am anxious to avoid being supposed for one moment to be expressing an opinion on the merits of the suit originally, about which I think there is great room for doubt; and especially as to the points raised in behalf of the defendant; I only say that I think them at this late period in the suit out of time and out of place.\n\nThis summons sought to raise the important subjects of the jurisdiction of the Court, and the question of damages, whilst an order of the Court amounting to an order that the suit should proceed to trial was outstanding and not complied with, viz., an order that the suit should be set down for hearing, and also whilst other summonses were outstanding, to the spirit of which it was at variance. Both Sir J. Saale and myself had, after much consideration, come to the conclusion that a trial was the only way by which the very difficult points in contention could be ascertained and decided.\n\nAs I have pointed out before, I think that I had full power to act alone in this matter, and that the absence of the Chief Justice cannot affect the validity of the order of May 3rd.\n\nHow could the Court decide without a trial whether the King of Annam was a private trader or not? Whether the Dang Wee is a vessel of War belonging to the Annamese Government, or an armed merchant vessel, or whether Paul Nguyen Duc was the real owner of the Dang Wee and real debtor? or the King in his trading capacity?\n\nMany difficult questions arising out of it could not be satisfactorily settled, as to the merits of the suit, without a long and costly trial, the first incident of which must be a commission to take the evidence of Mr. Schwever in Paris, and remembering that an order of the Court that a trial should take place had been granted on the application of the defendant himself, I think that I was right in dismissing the summons on technical grounds. I say \"technical\" because the Court could no doubt have amended the summons so as to get rid of the order to set down for hearing had it pleased to do so.\n\nAs to the application for costs and damages under section 82, sub-section 4, I cannot see how, for reasons already pointed out, the conditions of the Code have been complied with; the defendant has not caused the writ to be set aside nor any judgment given in the suit to be varied.\n\nThe conclusions and arrangement were not varied.\n\nN.B.-In the judgment as it was originally printed, Paul Nguyen Dac Hau was stated to have sworn in an affidavit that he bought the Commodore, and that its name was changed to the Dang Wee, which still belonged to him and his partner. This is an error. It was so stated in the Petition by mistake. The statement founded on this error has been struck out.\n\n(9)\n\nAPPENDICES.\n\n(APPENDIX A.)\n\n[Notice of Motion, 4th March, 1874.]\n\nTake Notice that this Honorable Court will be moved before the Honorable John Smale on Friday the 6th day of March instant, at 11 o'clock in the forenoon or so soon after as Counsel can be heard by Mr. Henry Kingsmill Counsel on behalf of His Majesty Tu Duc King of Annam for an order that the Foreign attachment made herein be dissolved forthwith upon the parties consenting to an order as follows:-\n\n1-The attachment on the steamer shall be dissolved forthwith.\n\n2-On the payment at Huey of the amount due by the defendant to the plaintiff, all proceedings in this action shall be discontinued, such amount to be ascertained at Huey.\n\n3-On the payment of the ascertained amount, the plaintiff shall pay the defendant's costs.\n\n4-The amount due to be ascertained within 3 months and the ascertained amount to be paid within 6 months, such time to commence from the date of this order.\n\n5-If the amount found to be due shall not be ascertained and paid as aforesaid, then the defendant shall pay to the plaintiff the amount claimed in the writ of summons issued herein together with interest at the rate of 12 per cent. per annum commencing from the 13th October, until payment and all the costs incurred by the plaintiff.\n\n6-All expenses incurred by the plaintiff or his agent proceeding to and on his returning from Huey to ascertain the amount due shall be borne by him.\n\nThe order to be without prejudice as to the question whether the defendant is or is not an independent Sovereign Prince.\n\nDated this 4th day of March, A.D., 1874,\n\nCALDWELL AND BRERETON,\n\nDefendant's Solicitors.\n\nTo the Registrar of the Supreme Court, Hongkong,\n\n(APPENDIX B.)\n\n[Order made on Notice of Motion, Appendix A.]\n\nUpon hearing Mr. Henry Kingsmill Counsel for the defendant, and the Honorable Thomas Child Hayllar Counsel for the plaintiff, and by consent of the parties, the defendant protesting that his rights and status of an independent Sovereign Prince are not affected hereby otherwise than for the purposes of this cause, it is ordered that the attachment on the steamer shall be dissolved forthwith; that on the payment at Huey of the amount due by the defendant to the plaintiff, all proceedings in this action shall be discontinued, such amount to be ascertained at Huey.\n\n(APPENDIX C.)\n\n[Order of second Foreign attachment of the \"Dang Wee.\"]\n\nA question having been raised whether the parties who represented the defendant in this Court were duly authorised by the King of Annam, both parties consenting.\n\nThe Court does order that the foreign attachment suspended be renewed and that the Dang Wee be restored to the custody of the Court upon the foreign attachment as if the order of the 6th March, 1874, had not been made.\n\nLet all parties and persons have liberty to proceed by themselves or their agents to Annam and make such arrangement there as they shall respectively be advised and come to.\n\nLet the proceedings thus suspended be subject to the further order of this Court,\n\nTHOS. C. HAYLLAR,\n\nCounsel for the Plaintiff.\n\nHENRY KINGSMILL,\n\nCounsel for the Defendant.\n\n(APPENDIX D.)\n\nA summons in the common Form issued by Messrs. Stephens and Holmes dated 25th January, 1875 to Messrs. Caldwell and Brereton to shew cause why the former should not be appointed defendant's attorneys in this cause in the stead of the former upon payment to Messrs. Caldwell and Brereton of their costs in this suit.\n\n(APPENDIX E.)\n\n[Order made on summons in Appendix D.]\n\nUpon the application of Counsel for the defendant, and upon reading two affidavits of Lai Dui, filed respectively the 26th day of January, and 2nd day of February, 1875. It is hereby ordered that Messrs. Stephens and Holmes be appointed defendant's attorneys in this cause...\n\nPage 174", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296447, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 178, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "A.\n\n(10.)\n\nappointed attorneys for the defendant in this Cause IN THE STEAD of Messrs. Caldwell and Brereton, UPON PAYMENT to the said Messrs. Caldwell and Brereton of the costs incurred by them up to this date in or in relation to the said cause.\n\nJOHN SMALE, Chief Justice. (APPENDIX F.)\n\n(Translation.)\n\nUu, the Minister of the Mercantile Marine of the Kingdom of Annam respectfully makes this communication to His Lordship the Chief Justice of the British Colony of Hongkong and prays His Lordship to favor it with his perusal. I received letters from Ho-Man-Chung, Assistant Commander of the steamer Dang Wee reporting that the repairs of the steamer have of late been nearly completed, but that she was arrested and her workmen stopped on account of a suit which was brought by the head partner of Messrs. Landstein & Co.'s firm against the said steamer before your Lordship's Court for heavy debt contracted by Un-Tak-Han, a Messenger of the 9th Rank, with the said head partner who now detains the steamer for the repayment of the debt, &c.\n\nFrom enquiry I found that John Jack was the owner who sold her to us at a suitable price of $91,000 which was duly paid in full, and of this there is documentary proof. In the 23rd and 24th year of Tu Duc, Lai Fai, her first Commander and Ng Wang her second Commander were commissioned to proceed in the steamer to Hongkong where they had the presumption to stand security for Un-Tak-Hao, in the purchase of a small steamer, and for the private negotiation of a loan with Messrs. Landstein & Co., for the buying of some Ginseng. The Master of that firm wrote to us asking for the reimbursement of the debt which had been privately contracted by those two officers. This was a private transaction and not a public one, and the debt was not incurred for the purchase of the Dang Wee steamer, which is the property of our Government and not of Un-Tak Hau.\n\nThe circumstances of the case were set forth in a letter which was forwarded to His Excellency the Governor through Wo Ku the 1st Commander of the Dang Wee steamer, then bound to your port for repairs, on a certain day in the 1st month of last year, and we presume His Excellency perused its contents.\n\nNow the steamer is implicated in a suit and up to the present time, which is fully one year, her repairs have not been completed.\n\nAccording to the reports of Wo Ku and of another officer who has returned, the suit was trumped up by Chau-Yu-Yee (Schwerer?) a capitalist in Messrs. Landstein & Co. with the assistance of Monogham, the Engineer of the steamer Dang Wee, and Dumphy the Superintendent of her repairs, who acted as spies and used their influence in the case.\n\nHow is it that the head partner of Messrs. Landstein & Co. who is at present absent, did not serve us previous notice? The whole matter looks suspicious in fact.\n\nAs we are living at a distant part of the ocean, we have no means of knowing what evidence was given and in what manner the lawyers, Messrs. Caldwell and Kingsmill, defended the case. As hitherto our Government steamers bound to your port, on public service, were indebted to the British officers for protection, I beg your Lordship, when the case against the steamer Dang Wee is brought before your Court for trial to speedily decide it impartially, and to bring to light the fact that the debt left unpaid was contracted by Un-Tak-Hao, Lai-fai and Ng-Wang, and is their private debt and by no means a public one.\n\nAs Lai-Tin, Vice-President of the Board of Revenue, attended by Un-Fai-Kwan, a Clerk of the same Board and Acting Deputy of the steamer Dang Wee, proceeds to your port to act as Royal Commissioner and 1st Commander of the Dang Wee for the purpose of Superintending the affairs of the steamer, I have instructed these officers to lay before your Lordship this Communication setting forth the circumstances of the case, and I beg your Lordship to distinguish the truth from the falsehood and to decide the case impartially and according to the various accounts set forth in my Despatch, so that the steamer may be able to return early to our Country for service after completion of repairs.\n\nFor your doing so I will ever be under obligation to your Lordship. I have now obtained the facts in connection with the debt which was privately contracted by Un-Tak-Hau, Lai-Fai, and Ng Wang, whom I have ordered to repay the money which is hereafter left to be settled by them with the head of Messrs. Landstein & Co. In conclusion I beg to express my wish that your Lordship may enjoy the happiness of the season.\n\nA respectful Communication. 4. 1. 27th year of Tu Duc.\n\n(APPENDIX G.)\n\n(Answer by the Registrar of the Supreme Court)\n\nThe Supreme Court Hongkong, May, 1874.\n\nSIR,\n\nI have the honor to acknowledge the receipt by the Chief Justice of Your Excellency's letter dated the 4th day of the first month of the 27th year of the reign of H. M. Tu Duc.\n\n1.-I am directed to state that it is contrary to the Law and custom of England for a Judge to receive any communication by letter, all communications must be made in the presence of the parties whose interests are intended to be affected thereby. Considering however that the customs here are not known in Annam, I am to reply to Your Excellency's letter.\n\n2.That letter contains various statements of circumstances which you doubtless understand to be accurate, but it is contrary to English Law that any statements however accurate can be accepted by the Judge unless they are proved by the solemn declaration of persons who would be subject to criminal prosecution by the Court in case the statements should not be true, whatever reliance therefore you may place on the statements made to you, and repeated in your letter the Judge must disregard them entirely, and is bound by inflexible Law to dispose of the case of Landstein against His Majesty Tu Duc now litigated before him according to facts deposed to and hereafter to be deposed to in this Supreme Court and the Law of England as applicable to those facts.\n\n3.That case or suit was commenced in due form by a petition by Landstein the plaintiff.\n\nA copy of that petition accompanies this letter marked A, to which Your Excellency is referred.*\n\nThe petition contained a statement that Landstein a merchant in Hongkong sued the defendant His Majesty Tu Duc the King of Annam in, and for the balance due for goods sold and delivered to the defendant and otherwise, that the cause of action arose within the jurisdiction of this Court and that H. M. Tu Duc was entitled to moneys in the hands of Heard & Co., and to the Dang Wee then lying in the harbour of this Colony in the possession of Ng qu and Ho Vau Tung.\n\nA copy of this affidavit accompanies this letter marked B.*\n\nThe said sum of $159,799.19 thus so far appears to be due from H. M. Tu Duc to Landstein as to enable him Landstein to have security on all the effects of H. M. in this Colony until it shall be proved according to the Law of England whether that sum or any part of it is due.\n\nIn his capacity of merchant or trader. It sets forth an agreement dated the 20th of January of the Christian era 1870, (about four years ago) entered into between Lai How and Ng Wob, mandarins, ambassadors, and agents of His Majesty Tu Duc, and that thereby the steamship Commodore was sold to H. M. Tu Duc for the price of $66,000, that that ship was duly delivered to and accepted by H. M. Tu Duc, and that His Majesty had changed the name of this ship Commodore to the Dang Wee, and that under that name that vessel has since very frequently been used by H. M. Tu Duc for the purposes of trade or profit with cargoes of merchandise on board for sale.\n\n5. Upon this affidavit taken as proof until disproved that H. M. Tu Duc owed that sum to Landstein, this Court was compelled by the obligation of doing justice to grant a writ of foreign attachment.*\n\nA copy of the agreement was annexed to the petition, a copy thereof marked A. 1,* accompanies this letter to which Your Excellency is referred.\n\nThe same petition further alleged the sale and delivery to H. M. Tu Duc of divers merchandise, and claims thereon which Landstein alleges not to have been paid for.\n\nAnnexed to the petition were two accounts, One-A2* being the account in respect of the sale of the Commodore, on account of which the plaintiff alleges that a sum of $83,885.13 is now due to him. The other A3* being an account in respect of merchandise and charges on account of which the plaintiff alleges that a sum total of $91,033.59 is due, copies of these two accounts are accompanying this letter.\n\nIn substance the petition states that H. M. Tu Duc has actually received value from Landstein to the total amount shown by the two accounts.\n\nThe petition asks the Court to decree payment to the plaintiff by the defendant of the said sums, making the sum of $174,918.72.\n\n4.-When such a petition is filed it becomes the duty of the party against whom a claim is made to appear in Court and deny the claim. In a case in which the party sued is not in the Colony the law provides a remedy, H. M. Tu Duc not being in the Colony that remedy was applied in reference to H. M. as it would be against any ordinary absent person. That remedy is called a writ of foreign attachment. The proceeding was as follows:-\n\nMr. Erdmann the managing clerk of the plaintiff Landstein made oath and solemnly declared that H. M. Tu Duc was then justly and truly indebted to the plaintiff Landstein in the sum of $159,792.19 the purchase money of the steamship Commodore and alterations thereon.\n\nA copy of this writ of foreign attachment marked U accompanies this letter.*\n\n6. Under this writ the sheriff who is an officer of this Court seized the ship the Dang Wee and holds it as security so far as it will extend that the plaintiff Landstein shall have the proceeds of the sale of it in part payment of the sum provisionally proved due until the defendant H. M. Tu Duc shall prove that nothing is due or as security for so much as shall ultimately be proved due.\n\n7.-An Annamese officer named Ho Voa Teong instructed Lawyers to defend the rights of H. M. Tu Duc, and for him Mr. Kingsmill an advocate before the Court contended.\n\n1st. That H. M. Tu Duc was an Independent Sovereign.\n\n2nd. That the ship was not a trading ship, and that on one or both these grounds the steamer ought to have been set free.\n\nOn the part of Landstein the contrary was contended by Mr. Hayllar his advocate.\n\n8.-Whilst the Court was considering the matter an agreement was come to on behalf of Landstein on the one part and of H. M. Tu Duc on the other part.\n\nCopy of this agreement marked D is herewith sent and by consent it was arranged that the steamer should be freed and sent back to Annam.\n\n9.-This agreement was most satisfactory to the Court. It placed the whole decision of the matter in the Royal Judgment of H. M. the King of Annam, Landstein asserted that he was quite satisfied with the agreement and the case was left in that state out of deference and respect for H. M., which was proper.\n\n10.-It seems however that Un Fai Kwan had claimed to act for H. M. the King in this matter, but his Lawyers and advocate retired from that claim. However he went it seems to Annam and made representations, which induced H. M. U to send Lai Tin to Hongkong with letters to H. E. the Governor of this Colony and to the Chief Justice.\n\n* These Documents are long and unnecessary for this Judgment,\n\nown my part", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296448, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 179, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "M. Tu Duc.\n\n(12)\n\n12.-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.\n\n13.-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.\n\nLai 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.\n\nIn 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.\n\nI 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.\n\nThe 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!\n\nIf 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.\n\nA 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?\n\nI have the honor to be,\n\nSir,\n\nwilling 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.\n\nIs 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.\n\nYour most obedient and humble Servant,\n\n(Signed) W. H. ALEXANDER,\n\nHis Excellency,\n\nThe Minister of the Mercantile Marine of the Kingdom of Annam.\n\n(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.\n\nIn 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.\n\nasks 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.\n\nIn conclusion I beg to tender my best compliments.\n\n15th day of 8th Moon, 27th Year of Tu Duc (25th September, 1874.)\n\nSealed with the seal of the Minister.\n\nPrinted at the \"Daily Press\" Office, Hongkong.\n\nSir,\n\nIn reply to your inquiry whether I have anything to add to my report, I have the honour to submit the following observations.\n\nThe 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.\n\nAttorney General's Office 16th July 1875-\n\n104\n\n176\n\nCopy judgment in the Case of the\n\nreturning the...\n\nas sent to the Government by the Chief Justice\n\nto submit the following observations.\n\nThe Honorable Cecil C. Smith\n\nActing Colonial Secretary", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296449, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 180, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "a\n\n10.8.\n\nFrenchman to receive $60,000 but had not forwarded the Original Bond, and as payment could not be made except upon presentation of the original papers, that any delay in settlement of the matter is attributable to Mr. Landstein. The letter reached upon the 18th of July having been forwarded by the French Authorities at Saigon.\n\nIn contrast to this straightforward behaviour on the part of the Annamese, Mr. Landstein actually issued a writ of Summons against Lai Sin claiming $60,000 on the Bond, and caused the writ to be served on board the Pangwee, while Lai Sin was preparing to leave for Annam to carry out the undertaking.\n\nThe result of the suit has been to deprive the King of the possession of his steamer for more than eighteen months and to involve him in heavy law costs without a decision upon the merits or even upon the legality of the original seizure. Meanwhile, the plaintiff will have succeeded in getting $60,000 from a third person, of which he could never have obtained a single dollar without the assistance of the King.\n\nIf the proceedings were brought before the Privy Council, the judgment would, I believe, be reversed, and substantial compensation awarded to the King as well as reimbursement of the costs which he has paid. Lai Lin, however, declined to leave instructions for initiating an appeal, and seemed to think that his authority was exhausted by the release of the Pangwee. I cannot say what course the Annamese Government will take when they receive a copy of the judgment, but...\n\nPage 180\n\n...\n\nPage 181", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296450, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 181, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "110\n\n11\n\n178\n\nowing to the time that must elapse before any\n\nCommunication be received from Annam, they\n\nwill be unable to appeal without special leave from the Privy Council. Their Lordships would doubtless grant leave, almost as a matter of course, but I expect that the Annamese, who as a race are the most timid of men, will be deterred from further proceedings by the difficulty of communicating with their advisers, and by their own want of knowledge of the steps necessary for bringing a cause before the Queen in Council. The writ issued against Lai Sin indicates the annoyance he would have experienced had he delayed his departure until after the delivery of the judgment; and it is hard that the King should now be placed at a disadvantage in consequence.\n\nThe Court has decided that the King of Annam has over and over again submitted himself to the jurisdiction, and that therefore he cannot now complain of the seizure of his ship, as an infringement of his Sovereign rights. The Court has further decided that the suit has been compromised, and that the King has thereby waived all claim to compensation; Mr Justice Snowden being also of opinion that the real issue in the case was whether the King had not incurred liabilities to Messrs. Landstein & Co., a trader, and that this could not be decided without a trial.\n\nThis compromise consisted in the plaintiff abandoning the suit and consenting to release the Pangwee upon Paulus Que acknowledging himself to be the real debtor, and giving a bond to pay $60,000. This Bond Lai Lin signed as surely", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296452, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 183, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "114\n\nthe Chief Justice did not at that time call upon both of these Annamese Officers to produce the authority under which they professed to be empowered to carry on litigation for the King.\n\n(4.1, Submission 2. and 3. The notice and order of March 6 1874 (Appendices A and B).\n\nBy this order the King is made to consent to the whole sum claimed $159,792 with interest at 12 per cent from the date of the writ, if he did not agree with hand upon a smaller amount within three months from the date of the order. This is indeed \"a very remarkable order\" seeing that it is made after ten day's argument as to the jurisdiction of the Court and before the Chief Justice had given his judgment.\n\nIt appears not to be borne upon his Honour's mind that Hoi Siu arrived on the 19th of March, refused to recognise the arrangement, and on the 14th of April in the witness box asserted that Ho-Man Chung had authority to settle the suit. It is much to be regretted that His Honour did not on this occasion require Ho-Man Chung to produce his authority.\n\nAs it was, Hoi Siu's statement was not denied or challenged and had sufficient weight at the time to induce the Chief Justice to make and the Counsel to consent to the order of 14th April (Appendix C). The order begins \"A question having been raised whether the parties who represented the defendant in the Court were duly authorised by the King of Annam, both parties consenting, the Court does order that the foreign Attachment be renewed and the Gang be restored to the custody of the Court upon the foreign attachment as if the order of\n\n115\n\n180\n\nthe arrangement, and on the 14th of April in the witness box asserted that Ho-Man Chung had authority to settle the suit. It is much to be regretted that His Honour did not require Ho-Man Chung to produce his authority.\n\nAs it was, Hoi Siu's statement was not denied or challenged and had sufficient weight at the time to induce the Chief Justice to make and the Counsel to consent to the order of 14th April (Appendix C).\n\nThe rest of the text appears to be a continuation of the content on page 114 and is not properly connected to the initial part of the text on page 115. Reordering is not necessary here as the text is mostly a repetition with slight variations.\n\n \nHowever, the correct order should be maintained as per the original document.", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296458, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 189, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "125\n\nmust have been proceeded with, and upon which the plaintiff's asked for a commission to examine a witness in France.\n\nFor all or some or one of these reasons I am of opinion that the petition must be dismissed, and with costs.\n\nThe Attorney General (addressing the Chief Justice) said: \"You have said several times in the course of your judgment that 'the Attorney General was improperly instructed.' I wish to say that I was as fully instructed as Messrs. Stephens and Holmes could instruct me; and if there was any fault, the fault lies entirely with myself.\n\nJUDGMENT BY MR. JUSTICE SNOWDEN. Mr. Justice Snowden then read the following judgment:\n\nThis is an appeal against an order made by me in the course of this suit on May 3rd, 1875. I have nothing to contribute to the very exhaustive account His Lordship has drawn up of this singular case except a narrative of the facts for which I am personally responsible. On a careful reconsideration of the various elements in this case, the reasons on which the order of May 3rd were made seem good, and I quite concur in the additional arguments provided by the Chief Justice.\n\nThe primary proceedings in this suit took place about 18 months before my arrival in the Colony, and I believe that I first took part in sitting with His Lordship to hear two summonses dated April 14th, 1874, calling on the defendant to show cause why he should not be restrained from future proceedings until he had given security for costs, and the second calling on defendant to show cause why a commission should not issue for the examination of Eugene Schwever resident at Paris; the third was a summons of a later date issued on the part of the defendant calling on the plaintiff to show cause why the Court should not decide as to its jurisdiction in the matter of this suit, and why the Writs of Attachment dated October 11th, 1873, and April 14th, 1874, should not be set aside, and why the Court should not award to the defendant and the plaintiff pay to the defendant all costs and charges incurred by the defendant in relation to this suit, together with such damages as the Court might award on account of this suit and the two said Writs of Attachment.\n\nA few days before, an order had been obtained by the defendant, on consent of the plaintiff's counsel, that the cause should be set down on the hearing paper, and it was accordingly transferred to that paper from the hearing list, a day only remaining to be fixed. In my opinion, there was an implied undertaking with the Court and with the other side to proceed to trial and to interpose no vexatious delay.\n\nBy arrangement, the three summonses to which I have referred, came on for hearing together before the full Court on April 16th.\n\nThe 3rd summons was first heard, its subject matter being decisive of the other two. Mr. Hayllar, QC, showed cause against the summons, and the learned Attorney General was heard in support; the latter argued that the King of Annam was a Sovereign Prince, and that on the face of the record there were sufficient admissions of the Sovereignty to justify the Court in setting aside the Writs of October 1873 and April 1874 and awarding costs and damages to the defendant. The Court adjourned as usual, and after the adjournment, the argument was resumed.\n\nThe Annamese interested in the case being present, suggestions for an arrangement were once more thrown out by the Court.\n\nHaving observed that Mr. Landstein in his affidavit stated that the Dang Wee is now worth only $12,000, and as that was all he could expect to make out of the vessel under any circumstances, I asked Mr. Hayllar whether, on good security to the amount of $15,000 being given, he would consent to the Court releasing the Dang Wee. He at once consented, and on the Court calling up Paul Nguyen Duc Han (the Annamese merchant in whose transactions with Landstein these proceedings originated), he expressed his willingness to provide security for that amount.\n\nHe named Lai Duc, the Minister of the King, as his security. The latter, on being questioned, said that he was willing to become security. That the King of Annam had seized property of Paul Nguyen Duc Han worth $20,000 and property of his, as I understood, in the hands of two other parties to the value of $10,000 each. After some discussion, the terms were altered, and Paul Nguyen Duc Han offered or agreed to enter into a Bond to pay to the plaintiff $60,000 and Lai Duc consented to become his surety for that amount.\n\nIt should here be remarked that Paul Nguyen Duc Han reiterated his assertion that the debt was his and not the King's.\n\nIn an affidavit filed on April 13th, 1875, this man had also sworn in direct contradiction to the affidavits of Lai Duc, the minister, and Le Ting Choi, the Interpreter, and in defiance of the whole case set up by the learned Attorney General, that the Dang Wee belonged to him and not to the King. He says that in 1870 and 1871, he had transactions with Landstein & Co. He says: \"I also, in connexion with an Annamese, Ngo wai, purchased a small steamer called Commodore, and such steamer was bought in the names of myself and the said Ngo wai, and was a private speculation.\" He goes on to say: \"The name of Commodore was changed to Dang Wee,\" (as is now conceded on both sides, although by an error of the gentleman who conducted the case for the defendant at an earlier period, this was denied).\n\nIn paragraph 3, Paul Nguyen Duc Han says: \"The said steamer has been ever since the time of the purchase, and is now the property of myself and the said Ng Wai.\" As Paul Nguyen Duc admitted the debt to Messrs. Landstein, Hay, and was ready to give security for the payment of $60,000, and Mr. Hayllar consented to accept these terms, it seemed to me most desirable that, on the execution of the Bond, the Dang Wee, the great bone of contention, should be released.\n\nThe learned Attorney-General declined to take any part in the arrangement and protested against it, claiming to reserve a demand for costs and damages. There was a slight difference of opinion between the Chief Justice and myself. His Lordship felt so strongly that the arrangement ought to be a final settlement and conclusion of this protracted litigation, that he declined to be a party to any arrangement falling short of that.\n\nI quite coincided in the opinion that any settlement should be a final settlement, but, inasmuch as the arrangement was in course of being made between the plaintiff and Paul Nguyen Duc Han primarily, as the learned counsel for the King declined to be a party to it, whilst Lai Duc, who instructed him, became the security in his official capacity, it seemed to me that it would be better to get rid of the Dang Wee at all events and let the Attorney General apply for costs afterwards if he thought right to do so. The Chief Justice retained the very strong opinion he had expressed and declared that he would not take a part in a compromise of which, not being defined in its terms, he disapproved, but, seeing that the parties desired to perfect the compromise, he left the Bench, placing in my hands the future conduct of the proceedings then before the Court.\n\nAlthough able personally to sanction it, His Lordship, by leaving the Bench, abstained from obstructing a compromise. By the proposed arrangement, the primary object of the summons, the release of the Dang Wee, would be obtained as the result of a compromise between the parties entering into it.\n\nThe Chief Justice having left the Court, I called up the Annamese and caused the interpreter to explain to them, in the clearest way, what the terms of the proposed arrangements were, and told them that if the Bond was executed and security given as promised, the Court would restore the Dang Wee to their possession. I then adjourned the further hearing for one week to April 23rd. On that day, all the parties appeared before me in Court, the learned Attorney General being present all the time, but stating that he did not then appear. The Bond, which had been prepared by the solicitors for the King of Annam, was produced and approved of by Mr. Hayllar for the plaintiff, and, after being once more explained to the Annamese, who entirely understood and assented to the terms, it was executed by Paul Nguyen Duc Han as principal and Lai Duc as surety, who affixed his official seal.\n\nI then signed an order to the Sheriff to release the ship. It was taken possession of by Lai Duc at once, and the King of Annam's flag hoisted. This source of such protracted and intricate litigation has since left Hong Kong harbor for Annam. As soon as the order had been signed, the Attorney General applied to me to hear the adjourned argument on the summons of April 14th, and I adjourned the further hearing to May 3rd.\n\nOn May 3rd, I again sat alone. The Attorney General objected that a single judge ought not to hear the adjourned summons. I held that one Judge was sufficient under the provisions of the Code, and the argument proceeded under protest.\n\nThe learned Attorney General then applied to the Court to decide as to its jurisdiction, and to award costs to defendant under sub-section 4 of section 82 of the Code, and to dissolve the two writs of attachment. Mr. Hayllar objected that the ship, the subject matter of the suit, was now out of the jurisdiction of the Court, and security for a sum of money had been accepted, and that the suit was practically at an end.\n\nAfter hearing the arguments on both sides, I made an order dismissing the summons and all the outstanding summonses, notices, and motions. At this time, there were outstanding and awaiting the decision of the Court, two summonses on the part of the plaintiff, one to obtain a commission to examine Mr. Schwever, a second to compel the defendant to give security for costs; on the part of the defendant, the summons in question, and a motion subsequently dated April 20th, filed to the same effect, and there was an order of the Court that the suit should be put down for hearing, granted on the application of the learned Attorney-General, and by consent of Mr. Hayllar, the spirit of which order had never been practically acted on.\n\nA petition of appeal against this order was lodged and came out for hearing before the full Court on May 13th. The grounds are set out in the petition. The facts connected with the hearing of the summons of April 12th, as before narrated, are all set out, as well as the order made by me on May 3rd.\n\nThe petitioner complains that he is aggrieved by that order, and alleges that the same is erroneous as far as it orders that the summons of the defendant of the 12th April should be dismissed.\n\nIt states that the appeal is necessary by reason of the presence of only one judge at part of the hearing and the making of the said order.\n\nThe prayer of the Petition is that the said summons may be re-heard, and that the full Court will decide as to its jurisdiction in the matter of the suit, and award to the Petitioner all costs and charges incurred by him in relation to this suit, together with such damages as the Court may think fit to award on account of this suit and the two writs of attachment.\n\nThe argument of the learned Attorney-General occupied the greater part of the sitting of the Court during two days, May 13th and 14th, and certain written arguments, which had been prepared by Mr. Kingsmill when acting as Counsel for the defendant, and by Mr. Hayllar early in the suit, were also adopted.\n\nI will only say that those very learned and complete arguments, and the very able argument addressed to the Court by the learned Attorney-General, would have made a greater impression on my mind at an earlier stage of the case.\n\nAs to the latter argument, I may remark that, whilst it dealt very ably and fully with the question of the immunity of Sovereign Princes from the action of sovereign tribunals in case of debts, and of the King of Annam as one, it very skilfully avoided handling the real issues in the case—viz: whether, though a Sovereign Prince, the King had not incurred liability to Messrs. Landstein as a private trader, and whether he had not submitted to the jurisdiction of the Court.\n\nThe question of how far the King is a private trader could not be decided without a trial; and Mr. Hayllar showed with unanswerable force that the defendant had submitted over and over again to the jurisdiction of the Court.\n\nDuring the course of the argument, the Court strongly urged the learned Attorney General to detach the question of Jurisdiction from the question of the soundness of the order of May 3rd, and to raise the question of Jurisdiction by a direct substantive motion, but he declined to do so.\n\nThis I regret, as it raises the appearance of making use of merely technical grounds to get rid of a difficult and important subject.\n\nThis was by no means our wish, and I now proceed to state the grounds on which I dismissed the summons of April 14th by the order of May 3rd.\n\nThis summons sought to raise the important subjects of the jurisdiction of the Court, and the question of damages, whilst an order of the Court amounting to an order that the suit should proceed to trial was outstanding and not complied with, viz., an order that the suit should be set down for hearing, and also whilst other summonses were outstanding, to the spirit of which it was at variance. Both Sir J. Smale and myself had, after much consideration, come to the conclusion that a trial was the only way by which the very difficult points in contention could be ascertained and decided.\n\nHow could the Court decide without a trial whether the King of Annam was a private trader or not? Whether the Dang Wee is a vessel of War belonging to the Annamese Government, or an armed merchant vessel, or whether Paul Nguyen Duc was the real owner of the Dang Wee and real debtor, or for the King in his trading capacity? The most conflicting and contradictory affidavits had been put in, and when an affidavit of Paul Nguyen Duc Han was before our eyes, claiming \"The Dang Wee as his private property,\" it was plain that the Court would undertake to decide such grave questions by the light of the so-called admissions on the record and doubtful affidavits. Nor, notwithstanding quotations from text books and decisions not exactly in point, could the Court refuse to give the greatest weight to the language of Sir R. Phillimore in his judgment in the case of the Charkieh, reported in vol. 42, Law Journal, A.D., p. 36, where he says: \"No principle of International Law, and no decided case, and no dictum of Jurists of which I am aware, has gone so far as to authorize a Sovereign Prince, to assume the character of a trader, when it is for his benefit, and when he incurs an obligation to a private subject, to throw off, if I may so speak, his disguise and appear as a Sovereign, claiming for his own benefit, and to the injury of a private person for the first time, all the attributes of his character.\"\n\nThe learned Attorney-General did not attempt to grapple with an opinion of such high authority, expressed in language so pertinent to the facts of this case, nor did he attempt to reconcile it with his argument. It was yet more improbable that, when by a compromise, the subject matter of any such trial was out of the jurisdiction of the Court, the Court would entertain that very question of jurisdiction for the sole purpose of enabling the defendant indirectly to maintain a claim for costs under sub-section 4 of section 82, which he might make directly and successfully too, provided he could show that the defendant had caused the writ to be set aside or a judgment reserved or varied, meaning, I suppose, a judgment on the subject matter of the attachment.\n\nThese are the only conditions under which the Court, in suits of foreign attachment, can award costs or damages.\n\nIt always remains open to an aggrieved Defendant to bring an action for damages, though far be it from me to suggest such a course in the present case. Moreover, I was strongly of opinion that the Defendant had submitted to the Jurisdiction of the Court repeatedly. Without pointing out the instances at length, I content myself with referring to those enumerated by His Lordship, as to which I entirely concur in all he has said. All these reasons and circumstances led me to the opinion I had come to, that the defendant had, to use Mr. Hayllar's words, submitted over and over again to the Jurisdiction of the Court. I am anxious to avoid being supposed for one moment to be expressing an opinion as to the merits of the suit originally, about which I think there is great room for doubt; and especially as to the points raised in behalf of the defendant; I only say that I think them, at this late period in the suit, out of time and out of place.\n\nWith these strong opinions, and especially with the conviction on my mind that this suit could not be satisfactorily settled, as to the many difficult questions arising out of it, without a long and costly trial, the first step in which must be a commission to take the evidence of Mr. Schwever in Paris, and remembering that an order of the Court that a trial should take place had been granted on the application of the defendant himself, I think that I was right in dismissing the summons on technical grounds. I say \"technical\" because the Court could no doubt have amended the summons so as to get rid of the order to set down for hearing, had it pleased to do so. As I pointed out before, I think that I had full power to act alone in this matter, and that the absence of the Chief Justice cannot affect the validity of the order of May 3rd.\n\nAs to the application for costs and damages under section 82, sub-section 4, I cannot see how, for reasons already pointed out, the conditions of the Code have been complied with—the defendant has not caused the writ to be set aside, nor any judgment given in the suit to be varied. The conclusions and arrangement made have been arrived at by a process of compromises, and by that alone—compromises of which (if the learned Attorney General was not a party to it) his client reaps the benefit. To give the defendant costs would be to decide on the merits of the suit without allowing the Plaintiff an opportunity to establish his claims. For these reasons, I am of opinion that the order of May 3rd was good, and that this appeal must be dismissed with costs.\n\n126.\n\n186", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296459, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 190, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "Love\n\n187\n\nSchedule of papers connected with the seizure of the Annamese man of war \"Dong Free\"\n\nAnnand) 94\n\n(Landstein v. Shag\n\nof\n\n10529\n\n \n From whom\n Date\n Subject\n \n \n Acts Col des Ads Attorney General\n 15th Oct 1870\n Requesting opinion of Acting Attorney General, Page 1 to 3\n \n \n Acting Attorney General\n \n Acts Col des Ads", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296461, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 191, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "From whom To whom \n\nDate \n\n188 \n\nSubject \n\nattached by the Supreme Court, released.\n\n5. Act Attorney General Act & Col. sec. 18ct 1998 Alates that the Executive cannot \n\nPage 1765-18.\n\n1973.\n\nre as rey\n\ninterfere.\n\n- requested, and that if the Annamere Yost wishes the machinery of the bang tee released, a means for doing so is provided by the code of Civil Procedure.\n\ncode of\n\nChief Justice\n\nJustice 22 March 1875 Forwards a letter (Mxy) received by\n\nHis Excellency from the Minister\n\nPage 19 to 20\n\n6. Acts Col. Sec\n\n7.\n\nMinister of Foreign Affairs - Annam\n\nPage 21 to 28.\n\n8. Governor\n\n[Sir A. E. Kennedy]\n\nGovernor\n\nMercantile Marine - Annam\n\nno date complains that the steamer which was purchased a year ago by an Annamite Official and for the payment of which, also of a private law, two Annamite Officials went as security;\n\naltogether\n\nwas\n\na private affair and had nothing to do with the Annamese Govt whose\n\nMan Aivan the Dans Me has\n\nnevertheless been arrested for non-payment of this private debt\n\nAct Col: Sec 20th March 1874 Sends acknowledgment of the above.\n\nPage 29.\n\nletter / Rey) and supports the m appointment on the part of the Annamese Govt of a Consular agent at Hongkong to guard against disposition\n\nand against Annamite...", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296462, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 192, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "189\n\nFrom whom to whom\n\nChief Justice\n\nCol tes\n\nPage 316 365\n\n& Governor\n\n(Sir & Kennedy)\n\nMemo\n\nletter\n\nPage 35-\n\n28\n\nBali.\n\nSubject.\n\nOfficials overstepping their Authority,\n\n38 fail or luggish following precedent set by\n\nof\n\nDr. R. Phillimore, and sending a letter to the Annamese Authorities, expressing no opinion but stating the course of proceedings and pointing out that under present circumstances every ship and all merchandise of the King of Annam coming within the waters of Hongkong is seizable as a guarantee of payment of any debt which Messrs Landsten & Co may prove to be due from the King of Annam.\n\nt\n\nDoes on above 29th April f/6. does not object to the course proposed to be adopted by the Chief Justice but declines to accept responsibility for proceedings or communications beyond what have been already adopted.\n\nMhet Col: Sec. Kennedy\n\nPage 37640.\n\n\" May 1873. Reports interview in which the Annamese officials complain of action of the \"Inference Court\" in reference to the case of the Dang & Co.\n\n12. Actg Col: Sec to Attorney General 6th\n\nPage 41 6 212\n\n13. Attorney General to Actg Col: Sec 22nd\n\nJudge 43 to 102\n\nCalls for a report of the whole case with a view to transmitting it to the Secretary of State.\n\nHowards.\n\nto full report of the case but states that judgment is not yet delivered", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296464, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 194, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "191\n\nHoughtong 27th July 1987/5:\n\nSchedule of papers connected with the seizure of the Annexcere Man\n\nof war to deny Free\"\n\n\"Dang Wee\" (Sandatin\n\no\n\nKing of Annan)\n\nEnclosure in Administration\n\nGardiner Austins Despatch\n\nNo 94 of 27th July 1875:\n\n240527\n\nMemo by Acting Colonial Secretary\n\n15th October 1873.\n\n: The attached copies of a Writ of Pbrige\n\nAttachment in the case.\n\n46:\n\n2. Th\n\nIn que\n\nForeign\n\nof Saudition\n\nthing of Anname hat\n\nbeen left with Mr. D. F. Heard-\n\nIn the Novelly Frow Works\n\noroned by Messrs A Heard & be there is certain machinery of a Annamese\n\nDar Steamer which is being refilled in\n\nthis Harbor.\n\nM. Heard stated that as far as he is aware the machinery referred\n\nb.\n\nto is the only property belonging Annamese which is in the possession of himself or his Firm.\n\nAnd he wishes", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296471, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 201, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "so that the despatch of our Hammer may not be delayed and that the return as always as speedily as possible.\n\nCertain Annamese Officials to Acting Colonial Secretary;\n\nThis is our sincere prayer.. In conclusion, we beg to express our desire that your Excellency will ensure the happiness of the season.\n\n16th of the 12th month of the 26th year of Taukwang.\nOctober 14th 1872.\n\nI beg to inform you that the Hammer \"Dang wee\" is a War vessel belonging to the King of Annam, and forms a portion of the King's navy, not being a trading merchant vessel at all.\n\nTo\nThe Honorable\nCat G. Sill\nActing Colonial Secretary\n\nPage 198\n\n \nTo\nThe Honorable\nCat G. Sill\nActing Colonial Secretary\n\nPage 198\n\n \nTo\nThe Honorable\nCat G. Sill\nActing Colonial Secretary", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296479, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 209, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "28.\n\nthe season.\n\nthe happiness of the\n\nMinute by Governor\n\n28th March 1874.\n\n29\n\n206\n\nAcknowledge and say that I shall do all in my power to adjust this matter; which is one between debtor and creditor only.\n\n\"only\" - I should suggest for the consideration of the Annam Government that it would be desirable they should appoint a Consular Agent on whom they could rely to prevent the Annamese Officers overstepping the authority with which they are invested, which appears to have led to the present trouble, and also to protect those officers from being imposed upon by foreigners.\n\nSigned / AB. Kennedy\n\nMarch 28/7/4.", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296485, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 215, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "40.\n\n41\n\n212\n\nfriendly relations with Annam and they left.\n\n(Signed) Cecil Clementi Smith\n\nActing Colonial Secretary\n\nColonial Secretary's Office\n\n3rd May 1875\n\nMemo by Acting Colonial Secretary\n\n6th May 1875\n\nIt will be necessary to report the case of Landstein & Su Dues King of Anuani to the Secretary of State for the Colonies as, apart from the important points raised in that case, the Annamese Government propose referring the matter for the consideration of H.M. Government.\n\nHis Excellency The Administrator would therefore be obliged by the Attorney General drawing up a full report upon it for transmission to the Colonial Office.\n\n137", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 296460, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "page_number": 4667, "title": "CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12]", "content_text": "3. Minister of Her Britannic Majesty's Governor\n\nMarine - Cinnam\n\nPage 865-13.\n\n4 Dunamere\n\nGeneral as to the right of Grotto\n\nInterfere in a case in which some Machinery belonging to an Annamese man of war has been attached at the suit of Messrs Landstein Ober & The Riske of Muram.\n\nGives opinion that in view of the legal questions that are likely to arise out of the case, the interference of the French would be most undesirable.\n\n18 day of 1st month of 20th Year of Complains that Annamese Officers have secretly and entirely on their own account been contracting a Freight Agreement with Messrs Landstein & Co.,\n\nfor which it is now sought to render the Annamese Government, which knows nothing about it, responsible.\n\n1st Officials Act & lot: See 17th Oct 1878. Explains that the Bang Me is an Annamese man of war, and begs the Harbour Master to intervene to get her machinery released at present.\n\nPage 144. 6o 16.\n\nat present:", "txt_file_path": "txt/2diw2n4r2/CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12].txt", "external_url": "", "rank": 0 }, { "id": 297072, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-172 - Public Offices & Others - 1875", "page_number": 170, "title": "CO129-172 - Public Offices & Others - 1875", "content_text": "the aims of the former as not to recognize, in the stipulation above referred to, the necessary consequence of a scheme having for its object a control over the trade of Annam, so complete as to justify Her Majesty's Government in regarding those stipulations from a political as well as a commercial point of view.\n\nIn point of fact, it would appear that the practical effect of the Political Treaty when fully completed by that of the Commercial Treaty, may be not only to place the Custom-houses of Annam under the exclusive supervision of France, and their conduct under her special protection by means of French ships of war in open ports, as well as to give to the same European Power exclusive command of access to the Chinese Province of Yunnan by means of the Tongka River, but also to complete the surrender to French agents exclusively of whatever real authority may have been hitherto possessed by the King of Annam in political as well as commercial matters.\n\nSuch a result would constitute, in the opinion of Her Majesty's Government, an unprecedented departure from the salutary understanding which has hitherto governed the common practice of the great European Powers in their commercial and political dealings with countries in the category which Annam belongs, and Her Majesty's Government have, therefore, full confidence that the remonstrances contained in this Memorandum will not be disregarded by the friendly Government of France, whose National Assembly, in the Report of its Committee on the Political Treaty, to which the Commercial one is attached by its concluding Article, has referred with pride to the part taken by France in concert with England towards procuring for the common advantage of European commerce, the opening of the Treaty ports of China.\n\nParis, November 15, 1874.\n\nFord Lytton\n\n(Received November 23, 1874.)\n\n(No. 1,124.)\n\nParis, November 23, 1874.\n\nMy Lord,\n\nWITH reference to my despatch No. 1,105 of the 17th instant, on the subject of the French Commercial Treaty with the King of Annam, the Duc Decazes informs me that he has referred to the Minister of Marine the Memorandum, of which copy was inclosed in that despatch.\n\nHe says that he experiences the greatest difficulty in exercising any control over the action of the French Ministry of Marine and Colonies in matters of this kind. In fact, the Naval and Colonial Department pertinaciously pursues a traditional policy of its own without the slightest reference to his wishes or advice. He assures me, however, that the Treaty in question cannot in any case be submitted to the National Assembly for a considerable length of time; and that, quite independently of the protest of Her Majesty's Government, it is extremely improbable that it will ever be ratified in its present form; as there has been a flaw in the formalities which vitiates its signature and necessitates further negotiations with Annam.\n\nI have, &c.\n\n(Signed) LYTTON.\n\nF.O.\n\n19\n\nsketch of information which he had received from Admiral Dupré, the late Governor of Saigon, and the originator and negotiator of the Treaties.\n\n\"There appeared,\" he told me, \"to be little more than 300 Frenchmen in Saigon, of whom only one had any important establishment. The only flourishing merchants in the Colony were Germans. Little or nothing had been done to take advantage of the natural capabilities of the soil. The Colony produced, nevertheless, an excess of revenue over expenditure, and this surplus was remitted to France. Having found the condition of the Colony to be as thus described, Admiral Dupré had come to the conclusion that the best plan for developing its prosperity would be to open a trade with the neighbouring countries, and that, in order to do this with practical advantage, it would be necessary that the trade should be offered on equal terms to the enterprise of all nations, and that no attempt should be made to secure special privileges for France. It was with a view to making a Commercial Treaty on these principles that the Admiral had entered into negotiations with Annam.\"\n\nFrom the account thus given by the Duc Decazes of Admiral Dupré's motives, it is easy to account for what he actually did. He wanted to bolster up the Colony of Saigon by making it a depôt for trade with the neighbouring countries. He saw that it would be vain to trust to French enterprise to effect this, and he therefore determined to open the Kingdom of Annam to foreign trade, and to the trade of all European nations. But there was no natural reason why the trade thus opened should come to Saigon, and therefore he resolved upon endeavouring to attract it to this French Colony by making all merchandise not passing that way liable to double duty. It was partly, perhaps, from the love of minute regulations and restrictions which characterises the French administration, but mainly, no doubt, in order to take every possible precaution with a view to making the trade accrue to the special advantage of Saigon, that the arrangements were devised, by which the control of every commercial transaction in Annamese ports is placed in the hands of French officials.\n\nTo return, however, to the Memorandum given me yesterday by the Duc Decazes, it may suffice to observe shortly that it disposes of the objections made to this control over the commercial transactions of other nations in Annam, and to the jurisdiction given to French agents over the subjects of those nations in that country, by saying that the exercise of this control and jurisdiction will be to the advantage of those who are to be submitted to it. No reason is assigned to justify the assignment of these powers over foreigners in a country not belonging to France to French officials, to the exclusion of the Consular or other authorities of the nation to which such foreigners belong.\n\nStrong objections to this jurisdiction in principle were put forward in the English communication, but no answer on the point of principle is contained in the French Memorandum.\n\nIt is, however, the questions of principle which are, at the present moment, apparently the most important. There is, I suppose, no British trade with Annam at this time, and it may be doubted, considering the spirit in which these Treaties have been made, and in which they will probably be executed by the French, whether they are ever likely to develop a commerce of any importance. If, however, circumstances, independent of the Treaties, should ever make it possible or advisable for Great Britain to establish commercial relations with Annam, the French privileges would be a considerable obstacle to doing so, and might then become as objectionable in practice as they now are in principle.\n\nIt is affirmed in the French Memorandum that the Treaty of the 14th January, 1874, between England and Perak has a wider scope than would appear from the summary of it given in the English communication of the 15th November.\n\nIt would be a natural conclusion, from the fact of the Duc Decazes having given me the French Memorandum unofficially, and as open to amendment, that he himself is not disposed to set aside the observations of Her Majesty's Government, and proceed to submit the Treaty to the Assembly for ratification without further communication with them. If, however, he goes out of office, his successor may take a different view, and, even if he remains in, he may be overruled by the Department of Marine and his colleagues.\n\nI purpose to wait for instructions from your Lordship as to what observations Her Majesty's Government desire me to make before I comply with the Duke's invitation to talk his Memorandum over with him; and, although he seems to propose only an oral discussion, I should nevertheless be disposed to take with me some written paper and leave it with him.\n\nUnless Her Majesty's Government deem it advisable to let the matter drop, and without further remonstrance to leave the French Government to take its own course, it will be advisable that the Memorandum should not be too long unnoticed, lest silence should be construed into acquiescence, and at the same time that there should exist...\n\nPage 164", "txt_file_path": "txt/2diw2n4r2/CO129-172 - Public Offices & Others - 1875.txt", "external_url": "", "rank": 0 }, { "id": 297079, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-172 - Public Offices & Others - 1875", "page_number": 177, "title": "CO129-172 - Public Offices & Others - 1875", "content_text": "171\n\nfor Her Majesty's Government so completely to dissociate THE\n\nThe aims of the former as not to recognize, in the stipulation above referred to, the necessary consequence of a scheme having for its object a control over the trade of Annam, so complete as to justify Her Majesty's Government in regarding those stipulations from political as well as a commercial point of view.\n\nIn point of fact, it would appear that the practical effect of the Political Treaty when fully completed by that of the Commercial Treaty, may be not only to place the Custom-houses of Annam under the exclusive supervision of France, and their conduct under her special protection by means of French ships of war in open ports, as well as to give to the same European Power exclusive command of access to the Chinese Province of Yunnan by means of the Tongking River, but also to complete the surrender to French agents exclusively of whatever real authority may have been hitherto possessed by the King of Annam in political as well as commercial matters.\n\nSuch a result would constitute, in the opinion of Her Majesty's Government, an unprecedented departure from the salutary understanding which has hitherto governed the common practice of the great European Powers in the commercial and political dealings with countries in the category to which Annam belongs, and Her Majesty's Government have, therefore, full confidence that the remonstrance contained in this Memorandum will not be disregarded by the friendly Government of France, whose National Assembly, in the Report of its Committee on the Political Treaty, to which the Commercial one is attached by its concluding Article, has referred with pride to the part taken by France in concert with England towards procuring for the common advantage of European commerce, the opening of the Treaty ports of China.\n\nParis, November 15, 1874.\n\nNo. 1,124.) My Lord,\n\nParis, November 23, 1874. WITH reference to my despatch No. 1,105 of the 17th instant, on the subject of the French Commercial Treaty with the King of Annam, the Duc Decazes informs me that he has referred to Minister of Marine the Memorandum, of which copy was inclosed in that despatch.\n\nHe says that he experiences the greatest difficulty in exercising any control over the action of the French Ministry of Marine and Colonies in matters of this kind. In fact, the Naval and Colonial Department pertinaciously pursues a traditional policy of its own without He assures me, however, that the Treaty the slightest reference to his wishes or advice. in question cannot in any case be submitted to the National Assembly for a considerable length of time; and that, quite independently of the protest of Her Majesty's Government, it is extremely improbable that it will ever be ratified in its present form; as there has been a flaw in the formalities which vitiates its signature and necessitates further negotiations with Annam.\n\nI have, &c.\n\n[81]\n\n(Signed)\n\nF\n\n19\n\nsketch of information which he had received from Admiral Dupré, the late Governor of Saigon, and the originator and negotiator of the Treaties.\n\n\"There appeared,\" he told me, \"to be little more than 300 Frenchmen in Saigon, of whom only one had any important establishment. The only flourishing merchants in the Colony were Germans. Little or nothing had been done to take advantage of the natural capabilities of the soil. The Colony produced, nevertheless, an excess of revenue over expenditure, and this surplus was remitted to France. Having found the condition of the Colony to be as thus described, Admiral Dupré had come to the conclusion that the best plan for developing its prosperity would be to open a trade with the neighbouring countries, and that, in order to do this with practical advantage, it would be necessary that the trade should be offered on equal terms to the enterprise of all nations, and that no attempt should be made to secure special privileges for France. It was with a view to making a Commercial Treaty on these principles that the Admiral had entered into negotiations with Annam.'\n\n33\n\nFrom the account thus given by the Duc Decazes of Admiral Dupré's motives, it is easy to account for what he actually did. He wanted to bolster up the Colony of Saigon by making it a depôt for trade with the neighbouring countries. He saw that it would be vain to trust to French enterprise to effect this, and he therefore determined to open the Kingdom of Annam to foreign trade, and to the trade of all European nations. But there was no natural reason why the trade thus opened should come to Saigon, and therefore he resolved upon endeavouring to attract it to this French Colony by making all merchandise not passing that way liable to double duty. It was partly, perhaps, from the love of minute regulations and restrictions which characterises the French administration, but mainly, no doubt, in order to take every possible precaution with a view to making the trade accrue to the special advantage of Saigon, that the arrangements were devised, by which the control of every commercial transaction in Annamese ports is placed in the hands of French officials.\n\nTo return, however, to the Memorandum given me yesterday by the Duc Decazes, it may suffice to observe shortly that it disposes of the objections made to this control over the commercial transactions of other nations in Annam, and to the jurisdiction given to French agents over the subjects of those nations in that country, by saying that the exercise of this control and jurisdiction will be to the advantage of those who are to be submitted to it. No reason is assigned to justify the assignment of these powers over foreigners in a country not belonging to France to French officials, to the exclusion of the Consular or other authorities of the nation to which such foreigners belong.\n\nStrong objections to this jurisdiction in principle were put forward in the English communication, but no answer on the point of principle is contained in the French Memorandum.\n\nIt is, however, the questions of principle which are, at the present moment, apparently the most important. There is, I suppose, no British trade with Annam at this time, and it may be doubted, considering the spirit in which these Treaties have been made, and in which they will probably be executed by the French, whether they are ever likely to develop a commerce of any importance. If, however, circumstances, independent of the Treaties, should ever make it possible or advisable for Great Britain to establish commercial relations with Annam, the French privileges would be a considerable obstacle to doing so, and might then become as objectionable in practice as they now are in principle.\n\nIt is affirmed in the French Memorandum that the Treaty of the 14th January, 1874, between England and Perak has a wider scope than would appear from the summary of it given in the English communication of the 15th November.\n\nIt would be a natural conclusion, from the fact of the Duc Decazes having given me the French Memorandum unofficially, and as open to amendment, that he himself is not disposed to set aside the observations of Her Majesty's Government, and proceed to submit the Treaty to the Assembly for ratification without further communication with them. If, however, he goes out of office, his successor may take a different view, and, even if he remains in, he may be overruled by the Department of Marine and his colleagues.\n\nI purpose to wait for instructions from your Lordship as to what observations Her Majesty's Government desire me to make before I comply with the Duke's invitation to talk his Memorandum over with him; and, although he seems to propose only an oral discussion, I should nevertheless be disposed to take with me some written paper and give it to him.\n\nUnless Her Majesty's Government deem it advisable to let the matter drop, and thus, without further remonstrance, to leave the French Government to take its own course, it will be advisable that the Memorandum should not be too long unnoticed, lest silence should be construed into acquiescence, and at the same time that there should exist...", "txt_file_path": "txt/2diw2n4r2/CO129-172 - Public Offices & Others - 1875.txt", "external_url": "", "rank": 0 }, { "id": 297112, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-172 - Public Offices & Others - 1875", "page_number": 210, "title": "CO129-172 - Public Offices & Others - 1875", "content_text": "204\n\n22\n\nI put the Memorandum into the Duc Decazes' hand this morning, and I do myself the honour to transmit a copy of it to your Lordship herewith.\n\nI observed to the Duke that he would perhaps find the language I had used a little crude, but that I had thought it well to take advantage of the character and form of the communication, to place the English view of the matter before him in clear and simple terms.\n\nThe Duke said that this was just what he wished, and he added that, without waiting to read the Memorandum, he should like to have a little conversation with me on the subject. What, he would ask, was it that Her Majesty's Government chiefly objected to in the Treaty?\n\nI answered, that, in the first place, Her Majesty's Government deeply regretted this first departure from the principle which had proved advantageous in the dealings of the European and American Governments with the countries in the Chinese and Japanese Seas. Until these unfortunate French Treaties with Annam, no nation had sought to obtain exclusive privileges and advantages for itself; what had been obtained by one had been obtained for all, and had been thrown open without reserve to all the world.\n\nThe Duke observed that it was France alone who had opened the trade with Annam, and that the privileges, such as they were, which she had secured to herself were only a fair compensation for the sacrifices she had made.\n\nI replied that, without expressing an opinion as to the extent of these sacrifices, I would simply remark that if, in the negotiations with China and Japan, each Power had endeavoured to secure exclusive advantages in proportion to its own estimate of its own services in the cause, a state of things would have been produced which would have been incompatible with harmony among the Powers themselves, and with any proper and satisfactory political or commercial relations with the countries in question.\n\nThe Duke rejoined that, in the cases of China and Japan, the Powers had acted in common, and were therefore entitled to common advantages; but I reminded him that the advantages secured had been freely extended to all the world, to those nations which had made no sacrifices to obtain them as much as to those which had made the greatest.\n\nPassing to details, the Duke observed that he did not suppose that Her Majesty's Government could have any great objection to the small differential duty in favour of Saigon which had been provided by the Treaty, France had given up very large sums of money which were due from Annam, and surely this was not an unreasonable compensation to ask. Nor did he imagine that England, or any other European Power, could view with displeasure a provision calculated to increase the prosperity of Saigon. In fact, almost all the ships which resorted to that Colony were either English or American, and Foreigners there were many more foreign than French merchants established there. would have an ample share of any advantages which the differential duties would bring to Saigon; it was of the greatest benefit to them to have that civilized station maintained in Cochin China; and, in fact, commercially, the interest of foreigners in the Colony was greater than that of Frenchmen.\n\nI answered that I could not but consider that the monopoly in favour of Saigon, which the Treaty endeavoured to effect, was extremely objectionable in principle, and would prove to be equally so in practice. If it was convenient and advantageous for foreign ships and foreign merchants to resort to Saigon, they would do so without compulsion, and any efforts of the French authorities to attract them by fair means would be justifiable and praiseworthy; but it was quite a different thing for France to compel them to come by obliging Annam to levy double duties upon all merchandise not passing that way. England could certainly entertain no jealousy of the French Colony of Saigon, and I was entirely of the Duke's opinion that a thriving civilized station at that place would in all probability be of great use to British and other traders. No doubt a brisk trade with the adjacent countries, whether it was in French hands or not, was likely to increase the prosperity of Saigon; but, for my own part, I doubted very much whether these attempts to establish a monopoly, and to fetter trade by the minute regulations so much in favour with French officials, were not likely to prevent such a trade springing up, and, in the end, to do more harm than good to the Colony which it was sought to benefit by these factitious means.\n\n23\n\nThe Duke went on to say that he was at a loss to understand the objections which Her Majesty's Government seem to feel so strongly with regard to the stipulations providing for the intervention of the French Consuls at the Annamese ports in commercial transactions. One of these stipulations—that requiring foreign ships to report to the French Consul, and deposit their papers with him—he himself thought questionable: but it was to be remembered that there would at first be no European officers, except Frenchmen, in Annam; that, while this continued to be the case, it was surely for the interest of foreigners to have the assistance of the French Consuls, rather than be left entirely at the mercy of the native authorities, and that, after all, Great Britain, in order to free her traders from the obligation to resort to the French Consuls, had only to make a Commercial Treaty herself with Annam, and station Consuls of her own there. The same observations would, the Duke conceived, apply to the objections of Her Majesty's Government to the jurisdiction assigned to the French Consuls, in conjunction with the Annamite authorities. All this would disappear directly England chose to send officers of her own; and, for his part, he would promise Her Majesty's Government the cordial assistance of France in negotiating a Commercial Treaty between Great Britain and Annam.\n\nI observed to the Duke that he seemed to lose sight of the fact that the King of Annam was distinctly prohibited from making any Treaty of Commerce not in accordance with that concluded with France; that all these stipulations respecting the intervention and jurisdiction of French Consuls were included unconditionally in the French Treaty, and that no mention of their ceasing to take effect, at any time or under any circumstances, was made in any part of that Treaty.\n\nThe Duke said that certainly he had not so understood the French Treaty; that, on the contrary, his impression was that these arrangements would lapse, as a matter of course, in the case of any European Power which made a Treaty of Commerce of its own, and sent out its own officers in consequence. It was a question of interpretation, and he thought that the Governments of France and England might come to an understanding on the basis of his interpretation.\n\nI answered that no doubt his interpretation very much lessened the objections to the stipulations in question, but that it seemed to me to be in direct contradiction to the wording of the Treaties as they now stood, and that, therefore, it would be absolutely necessary to alter that wording very materially in order to make it consistent with his views, and to satisfy foreign Governments that they could and would be carried into effect.\n\nI proceeded to remark to the Duke that he appeared to me to treat very lightly the important question of principle involved in the assumption of jurisdiction by French authorities over foreigners in a territory not French. Was he sure, I asked, that other Governments (that of the United States, for instance) would be willing to admit it?\n\nHe replied that, so long as there were no other European officers in Annam, the intervention of the French authorities was certainly for the advantage of Europeans resorting thither. For his own part he should be quite willing that the French Assessor to the Annamite Magistrates should be excluded in the case of any European who demanded his exclusion.\n\nI remarked that if the intervention of the French official was intended solely to confer a favour and an advantage on the European, this would appear more clearly if the wording of the stipulation was that it should be afforded in any case in which the European asked for it, and in such a case only.\n\nLastly, I spoke of the clause in the Political Treaty confining the protection of missionaries to Roman Catholic missionaries only, and reminded the Duke that he had more than once told me that he himself thought this clause objectionable.\n\nThe Duke appeared to have somewhat changed his opinion, for on this occasion he defended the clause on the ground that there were none but Roman Catholic missionaries in Annam; that it was very undesirable, with a view to the progress of Christianity, that dissensions among its professors should be brought to the knowledge of the natives; that it had always been found in countries of the kind that the Roman Catholic missionaries were the best pioneers, and that those of other denominations followed in their wake; and, lastly, that it was only natural that France should stipulate only for those missionaries who belonged to or were in connection with herself.\n\nI thought it right to remind the Duke that, by assuming the extraordinary control over Annam which France seemed disposed to arrogate to herself, she assumed also a serious responsibility towards other nations, and could hardly reply to their remonstrances that she intended to consider exclusively her own citizens and her own interests and sentiments.\n\nThe Duc Decazes then referred to M. de Rochechouart's Treaty with Burmah, and seemed disposed to contrast the conduct of France in refusing to ratify that Treaty, because it might be a source of difficulty to England in Burmah, with the present proceedings of England, whose objections to the Annamese Treaty were, he said, calculated to involve France in difficulties in Annam. He appeared, however, to have entirely forgotten the purport of M. de Rochechouart's Treaty; for he supposed that, by refusing ...\n\nPage 210\n\nPage 211", "txt_file_path": "txt/2diw2n4r2/CO129-172 - Public Offices & Others - 1875.txt", "external_url": "", "rank": 0 }, { "id": 297113, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-172 - Public Offices & Others - 1875", "page_number": 211, "title": "CO129-172 - Public Offices & Others - 1875", "content_text": "24\n\nto ratify it, France had placed her citizens in Burmah under the jurisdiction of British officials.\n\nI pointed out to him the real state of the case, and reminded him that M. de Rochechouart's Supplementary Treaty had appeared to him quite as objectionable from a French as from an English point of view.\n\nYour Lordship may observe that I did not feel precluded from going back to the Political Treaty in speaking to the Duc Decazes; and, in fact, there does not seem to be a necessity for treating it as absolutely beyond the reach of remonstrance, until we know that the ratifications of it have been actually exchanged. It is true that by obtaining from the Assembly a law authorizing them to ratify it, the Government have virtually pledged themselves to it; but in form the law does not itself constitute the ratification, it only authorizes the President of the Republic to ratify the Treaty if he thinks proper.\n\n\"\n\nInclosure in No. 8.\n\nI have, &c.\n\n(Signed) LYONS.\n\nProjet de Note\" in answer to Lord Lytton's communication of the Observations on a\n\n15th November, 1874, respecting the Treaty between France and Annam.\n\nTHE Duc Decazes invited an opinion on this \"Projet de Note.”\n\nIt has been already represented to his Excellency that an answer in the terms of this 'Projet' to the remonstrances of Her Majesty's Government could not but be regarded by them as most unsatisfactory, and an earnest hope has been expressed that this matter, which may hereafter, if allowed to follow its present course, lead to such grave questions between the two countries, may receive further consideration at the hands of the French Government.\n\nIn addition to this general statement, it may perhaps be well to advert to some particular points in this \"Projet.\"\n\nIt was represented in the English communication that this appeared to be the first instance in which one of the European Governments had departed from the wholesome rule heretofore observed, in accordance with which every nation represented in Chinese and Japanese waters has hitherto been content, as regards its interests in those waters, to act in concert with other nations, seeking no exclusive privileges for itself, but co-operating in the common interests to obtain equal rights for all.\n\nseems to amount, in substance, to Projet\" The answer given on this point in the \" little more than that France stands in a peculiar position towards Annam; that she has purchased, by sacrifices on her side, the peculiar privileges she has arrogated to herself; and that, after all, the position of other nations with regard to commerce with Annam would be better under the Treaty than it would be without the Treaty.\n\nThis last allegation may well be questioned. It is true that the Treaty nominally opens certain ports of Annam to foreign commerce without distinction of flag or nationality; but its real purport seems to be to exclude other nations for ever from all commerce and all intercourse with Annam, except by the permission and under the control of French Agents, and under the disadvantage of different Customs duties in favour of a French Colony. It may certainly be doubtful whether, under the restraint thus imposed by the French Treaty upon Annam, the position of other nations would be as good as that in which they now stand, and in which they are free to form commercial relations with But that country, at their own time, by their own means, and upon equal terms. however this may be, it cannot be denied that this Treaty is based upon a principle the substitution of which for that on which European and American Governments have before acted in their negotiations with the countries of Eastern Asia would inevitably exercise a baneful influence not only on their relations with those countries, but also on their relations with each other.\n\nOn the special point of the differential export and import duties to be established by Annam in favour of the French Colony of Saigon, the proposed answer is that the trade of that Colony is not exclusively in French hands, and that ships of other nations might, by resorting thither, share the benefit of the reduced duties. It might be argued, on precisely the same grounds, that foreign nations would have no reason to feel aggrieved if France were to introduce into a Treaty with Italy an article binding the Italian Government to levy double duties upon all merchandize not passing through Marseilles.\n\nThe very important question of principle involved in the assumption by French agents of jurisdiction over British subjects in territory not French, is hardly touched upon in the\n\n25\n\nProjet. It is indeed suggested that the enforcement of this jurisdiction would probably, in practice, be of advantage to those over whom it would be exercised; but this is a point on which independent nations may reasonably insist upon judging for themselves. Certainly, in other cases in which an extra-territorial jurisdiction, independent of the local Sovereign, has been established, France, no less than other nations, has placed the jurisdiction over her citizens in the hands of agents of her own, not in those of the agents of a third Power. Great Britain, on her part, has at all times (as is stated in the English communication) maintained her rights, in virtue of which British Consuls, in places where extra-territorial jurisdiction exists, take cognizance of suits in which their countrymen are concerned, and she cannot be expected to allow that civil suits or criminal trials affecting British subjects can properly be submitted to the jurisdiction of a French Consul in a territory which is not French.\n\nIt is impossible to admit the correctness of the view taken in the Projet, that the engagement entered into between the Government of the Straits Settlement and the Chief of Perak in January 1874 can be compared with the proposed French Treaty with Annam. The engagement with Perak does not fetter commerce, impose differential duties in favour of a British colony, nor throw the entire control of the country into the hands of British officers.\n\nIt is to be feared that with regard to the points specially mentioned above, as well as in other respects, the proposed answer would not in any degree efface the painful impression made upon Her Majesty's Government, nor diminish the objections stated in the communication made under their instructions by Lord Lytton. It only remains, therefore, to repeat with earnestness the hope that the Treaty will be reconsidered by the French Government.\n\nNo. 9.\n\n17.)\n\nLord Lyons to the Earl of Derby.--(Received February 17\n\n(No. 150. Very Confidential.) My Lord,\n\nIT would appear to result from the conversation of which a report is given in my\n\nParis, February 16, 1875. immediately preceding despatch No. 149 of to-day, that the Duc Decazes does not consider the Commercial Treaty between France and Annam as beyond the reach of amendment, and that he is desirous to remove the objections of Her Majesty's Government; but that he is more disposed to do this by a strained interpretation of the Treaty than by an actual alteration of the wording.\n\nThe interpretation the Duc Decazes puts upon the Treaty appears to me to be so forced, so entirely incompatible with the present wording, that I do not think it would be prudent to trust to effect being given to it, even if the Duke should himself be the French Foreign Minister when the question arose. If, however, a distinct clause were introduced stating that the intervention of the French officials in Annam should continue only so long as other nations made no Commercial Treaties with the country, and sent no officials of their own thither, the objections to the French Treaty would certainly be much lessened. I think, too, that some weight is to be given to the suggestion in the French draft answer, that it is absolutely necessary that first a considerable control should be exercised over Europeans resorting to Annam, in order to prevent conflicts with the Annamese authorities and other natives, to whom the presence of foreigners would be a novelty, and probably a distasteful novelty.\n\nI must observe, however, that the Duc Decazes showed no disposition to give up the differential duties to be imposed in favour of Saigon. Nor can I conclude without reminding your Lordship that it has been apparent throughout the communications on this question, that the opinions of the Duc Decazes do not always prevail with the Department of Marine and Colonies, that this Department is wedded to the Treaties as they stand, and that it is apt to take its own line, without thinking it necessary to consult the Minister for Foreign Affairs, or even always to let him know what is about.\n\n[81]\n\nI have, &c.\n\n(Signed)\n\nLYONS.\n\nH\n\n205", "txt_file_path": "txt/2diw2n4r2/CO129-172 - Public Offices & Others - 1875.txt", "external_url": "", "rank": 0 }, { "id": 297121, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-172 - Public Offices & Others - 1875", "page_number": 219, "title": "CO129-172 - Public Offices & Others - 1875", "content_text": "22\n\nI put the Memorandum into the Duc Decazes' hand this morning, and I do myself the honour to transmit a copy of it to your Lordship herewith.\n\nI observed to the Duke that he would perhaps find the language I had used a little crude, but that I had thought it well to take advantage of the character and form of the communication, to place the English view of the matter before him in clear and simple terms.\n\nThe Duke said that this was just what he wished, and he added that, without waiting to read the Memorandum, he should like to have a little conversation with me on the subject. What, he would ask, was it that Her Majesty's Government chiefly objected to in the Treaty?\n\nI answered, that, in the first place, Her Majesty's Government deeply regretted this first departure from the principle which had proved advantageous in the dealings of the European and American Governments with the countries in the Chinese and Japanese Seas.\n\nUntil these unfortunate French Treaties with Annam no nation had sought to obtain exclusive privileges and advantages for itself; what had been obtained by one had been obtained for all, and had been thrown open without reserve to all the world.\n\nThe Duke observed that it was France alone who had opened the trade with Annam, and that the privileges, such as they were, which she had secured to herself were only a fair compensation for the sacrifices she had made.\n\nI replied that, without expressing an opinion as to the extent of these sacrifices, I would simply remark that if, in the negotiations with China and Japan, each Power had endeavoured to secure exclusive advantages in proportion to its own estimate of its own services in the cause, a state of things would have been produced which would have been incompatible with harmony among the Powers themselves, and with any proper and satisfactory political or commercial relations with the countries in question.\n\nThe Duke rejoined that, in the cases of China and Japan, the Powers had acted in common, and were therefore entitled to common advantages; but I reminded him that the advantages secured had been freely extended to all the world, to those nations which had made no sacrifices to obtain them as much as to those which had made the greatest.\n\nPassing to details, the Duke observed that he did not suppose that Her Majesty's Government could have any great objection to the small differential duty in favour of Saigon which had been provided by the Treaty. France had given up very large sums of money which were due from Annam, and surely this was not an unreasonable compensation to ask. Nor did he imagine that England, or any other European Power, could view with displeasure a provision calculated to increase the prosperity of Saigon. In fact, almost all the ships which resorted to that Colony were either English or American, and Foreigners there were many more foreign than French merchants established there. They would have an ample share of any advantages which the differential duties would bring to Saigon; it was of the greatest benefit to them to have that civilized station maintained in Cochin China; and, in fact, commercially, the interest of foreigners in the Colony was greater than that of Frenchmen.\n\nI answered that I could not but consider that the monopoly in favour of Saigon, which the Treaty endeavoured to effect, was extremely objectionable in principle, and would prove to be equally so in practice. If it was convenient and advantageous for foreign ships and foreign merchants to resort to Saigon, they would do so without compulsion, and any efforts of the French authorities to attract them by fair means would be justifiable and praiseworthy; but it was quite a different thing for France to compel them to come by obliging Annam to levy double duties upon all merchandise not passing that way. England could certainly entertain no jealousy of the French Colony of Saigon, and I was entirely of the Duke's opinion that a thriving civilized station at that place would in all probability be of great use to British and other traders. No doubt a brisk trade with the adjacent countries, whether it was in French hands or not, was likely to increase the prosperity of Saigon; but, for my own part, I doubted very much whether these attempts to establish a monopoly, and to fetter trade by the minute regulations so much in favour with French officials, were not likely to prevent such a trade springing up, and, in the end, to do more harm than good to the Colony which it was sought to benefit by these factitious means.\n\n23\n\nThe Duke went on to say that he was at a loss to understand the objections which Her Majesty's Government seem to feel so strongly with regard to the stipulations providing for the intervention of the French Consuls at the Annamese ports in commercial transactions. One of these stipulations—that requiring foreign ships to report to the French Consul, and deposit their papers with him—he himself thought questionable; but it was to be remembered that there would at first be no European officers, except Frenchmen, in Annam; that, while this continued to be the case, it was surely for the interest of foreigners to have the assistance of the French Consuls, rather than be left entirely at the mercy of the native authorities, and that, after all, Great Britain, in order to free her traders from the obligation to resort to the French Consuls, had only to make a Commercial Treaty herself with Annam, and station Consuls of her own there. The same observations would, the Duke conceived, apply to the objections of Her Majesty's Government to the jurisdiction assigned to the French Consuls, in conjunction with the Annamite authorities. All this would disappear directly England chose to send officers of her own; and, for his part, he would promise Her Majesty's Government the cordial assistance of France in negotiating a Commercial Treaty between Great Britain and Annam.\n\nI observed to the Duke that he seemed to lose sight of the fact that the King of Annam was distinctly prohibited from making any Treaty of Commerce not in accordance with that concluded with France; that all these stipulations respecting the intervention and jurisdiction of French Consuls were included unconditionally in the French Treaty, and that no mention of their ceasing to take effect, at any time or under any circumstances, was made in any part of that Treaty.\n\nThe Duke said that certainly he had not so understood the French Treaty; that, on the contrary, his impression was that these arrangements would lapse, as a matter of course, in the case of any European Power which made a Treaty of Commerce of its own, and sent out its own officers in consequence. It was a question of interpretation, and he thought that the Governments of France and England might come to an understanding on the basis of his interpretation.\n\nI answered that no doubt his interpretation very much lessened the objections to the stipulations in question, but that it seemed to me to be in direct contradiction to the wording of the Treaties as they now stood, and that, therefore, it would be absolutely necessary to alter that wording very materially in order to make it consistent with his views, and to satisfy foreign Governments that they could and would be carried into effect.\n\nI proceeded to remark to the Duke that he appeared to me to treat very lightly the important question of principle involved in the assumption of jurisdiction by French authorities over foreigners in territory not French. Was he sure, I asked, that other Governments (that of the United States, for instance) would be willing to admit it?\n\nHe replied that, so long as there were no other European officers in Annam, the intervention of the French authorities was certainly for the advantage of Europeans resorting thither. For his own part, he should be quite willing that the French Assessor to the Annamite Magistrates should be excluded in the case of any European who demanded his exclusion.\n\nI remarked that if the intervention of the French official was intended solely to confer a favour and an advantage on the European, this would appear more clearly if the wording of the stipulation was that it should be afforded in any case in which the European asked for it, and in such a case only.\n\nLastly, I spoke of the clause in the Political Treaty confining the protection of missionaries to Roman Catholic missionaries only, and reminded the Duke that he had more than once told me that he himself thought this clause objectionable.\n\nThe Duke appeared to have somewhat changed his opinion, for on this occasion he defended the clause on the ground that there were none but Roman Catholic missionaries in Annam; that it was very undesirable, with a view to the progress of Christianity, that dissensions among its professors should be brought to the knowledge of the natives; that it had always been found in countries of the kind that the Roman Catholic missionaries were the best pioneers, and that those of other denominations followed in their wake; and, lastly, that it was only natural that France should stipulate only for those missionaries who belonged to or were in connection with herself.\n\nI thought it right to remind the Duke that, by assuming the extraordinary control over Annam which France seemed disposed to arrogate to herself, she assumed also a serious responsibility towards other nations, and could hardly reply to their remonstrances that she intended to consider exclusively her own citizens and her own interests and sentiments.\n\nThe Duc Decazes then referred to M. de Rochechouart's Treaty with Burmah, and seemed disposed to contrast the conduct of France in refusing to ratify that Treaty, because it might be a source of difficulty to England in Burmah, with the present proceedings of England, whose objections to the Annamese Treaty were, he said, calculated to involve France in difficulties in Annam. He appeared, however, to have entirely forgotten the purport of M. de Rochechouart's Treaty; for he supposed that, by refusing\n\n213", "txt_file_path": "txt/2diw2n4r2/CO129-172 - Public Offices & Others - 1875.txt", "external_url": "", "rank": 0 }, { "id": 297122, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-172 - Public Offices & Others - 1875", "page_number": 220, "title": "CO129-172 - Public Offices & Others - 1875", "content_text": "24\n\nto ratify it, France had placed her citizens in Burmah under the jurisdiction of British officials.\n\nI pointed out to him the real state of the case, and reminded him that M. de Rochechouart's Supplementary Treaty had appeared to him quite as objectionable from a French as from an English point of view.\n\nYour Lordship may observe that I did not feel precluded from going back to the Political Treaty in speaking to the Duc Decazes; and, in fact, there does not seem to be a necessity for treating it as absolutely beyond the reach of remonstrance, until we know that the ratifications of it have been actually exchanged. It is true that by obtaining from the Assembly a law authorizing them to ratify it, the Government have virtually pledged themselves to it; but in form the law does not itself constitute the ratification, it only authorizes the President of the Republic to ratify the Treaty if he thinks proper.\n\nInclosure in No. 8.\n\n(Signed)\n\nI have, &c.\n\nLYONS.\n\nObservations on a Projet de Note\" in answer to Lord Lytton's communication of the 15th November, 1874, respecting the Treaty between France and Annam.\n\nTHE Duc Decazes invited an opinion on this \"Projet de Note.\"\n\nIt has been already represented to his Excellency that an answer in the terms of this \"Projet\" to the remonstrances of Her Majesty's Government could not but be regarded by them as most unsatisfactory, and an earnest hope has been expressed that this matter, which may hereafter, if allowed to follow its present course, lead to such grave questions between the two countries, may receive further consideration at the hands of the French Government.\n\nIn addition to this general statement, it may perhaps be well to advert to some particular points in this “Projet.\"\n\nIt was represented in the English communication that this appeared to be the first instance in which one of the European Governments had departed from the wholesome rule heretofore observed, in accordance with which every nation represented in Chinese and Japanese waters has hitherto been content, as regards its interests in those waters, to act in concert with other nations, seeking no exclusive privileges for itself, but co-operating in the common interests to obtain equal rights for all.\n\nThe answer given on this point in the \"Projet\" seems to amount, in substance, to little more than that France stands in a peculiar position towards Annam; that she has purchased, by sacrifices on her side, the peculiar privileges she has arrogated to herself; and that, after all, the position of other nations with regard to commerce with Annam would be better under the Treaty than it would be without the Treaty.\n\nThis last allegation may well be questioned. It is true that the Treaty nominally opens certain ports of Annam to foreign commerce without distinction of flag or nationality; but its real purport seems to be to exclude other nations for ever from all commerce and all intercourse with Annam, except by the permission and under the control of French Agents, and under the disadvantage of different Customs duties in favour of a French Colony. It may certainly be doubtful whether, under the restraint thus imposed by the French Treaty upon Annam, the position of other nations would be as good as that in which they now stand, and in which they are free to form commercial relations with that country, at their own time, by their own means, and upon equal terms. However this may be, it cannot be denied that this Treaty is based upon a principle the substitution of which for that on which European and American Governments have before acted in their negotiations with the countries of Eastern Asia would inevitably exercise a baneful influence not only on their relations with those countries, but also on their relations with each other.\n\nOn the special point of the differential export and import duties to be established by Annam in favour of the French Colony of Saigon, the proposed answer is that the trade of that Colony is not exclusively in French hands, and that ships of other nations might, by resorting thither, share the benefit of the reduced duties. It might be argued, on precisely the same grounds, that foreign nations would have no reason to feel aggrieved if France were to introduce into a Treaty with Italy an article binding the Italian Government to levy double duties upon all merchandise not passing through Marseilles.\n\nThe very important question of principle involved in the assumption by French agents of jurisdiction over British subjects in territory not French, is hardly touched upon in the\n\n25\n\nProjet. It is indeed suggested that the enforcement of this jurisdiction would probably, in practice, be of advantage to those over whom it would be exercised; but this is a point on which independent nations may reasonably insist upon judging for themselves. Certainly, in other cases in which an extra-territorial jurisdiction, independent of the local Sovereign, has been established, France, no less than other nations, has placed the jurisdiction over her citizens in the hands of agents of her own, not in those of the agents of a third Power. Great Britain, on her part, has at all times (as is stated in the English communication) maintained her rights, in virtue of which British Consuls, in places where extra-territorial jurisdiction exists, take cognizance of suits in which their countrymen are concerned, and she cannot be expected to allow that civil suits or criminal trials affecting British subjects can properly be submitted to the jurisdiction of a French Consul in a territory which is not French.\n\nIt is impossible to admit the correctness of the view taken in the Projet, that the engagement entered into between the Government of the Straits Settlement and the Chief of Perak in January 1874 can be compared with the proposed French Treaty with Annam. The engagement with Perak does not fetter commerce, impose differential duties in favour of a British colony, nor throw the entire control of the country into the hands of British officers.\n\nIt is to be feared that with regard to the points specially mentioned above, as well as in other respects, the proposed answer would not in any degree efface the painful impression made upon Her Majesty's Government, nor diminish the objections stated in the communication made under their instructions by Lord Lytton. It only remains, therefore, to repeat with earnestness the hope that the Treaty will be reconsidered by the French Government.\n\nNo. 9.\n\nLord Lyons to the Earl of Derby.---(Received February 17.)\n\n(No. 150. Very Confidential.) My Lord,\n\nParis, February 16, 1875.\n\nIT would appear to result from the conversation of which a report is given in my immediately preceding despatch No. 149 of to-day, that the Duc Decazes does not consider the Commercial Treaty between France and Annam as beyond the reach of amendment, and that he is desirous to remove the objections of Her Majesty's Government; but that he is more disposed to do this by a strained interpretation of the Treaty than by an actual alteration of the wording.\n\nThe interpretation the Duc Decazes puts upon the Treaty appears to me to be so forced, so entirely incompatible with the present wording, that I do not think it would be prudent to trust to effect being given to it, even if the Duke should himself be the French Foreign Minister when the question arose. If, however, a distinct clause were introduced stating that the intervention of the French officials in Annam should continue only so long as other nations made no Commercial Treaties with the country, and sent no officials of their own thither, the objections to the French Treaty would certainly be much lessened. I think, too, that some weight is to be given to the suggestion in the French draft answer, that it is absolutely necessary that at first a considerable control should be exercised over Europeans resorting to Annam, in order to prevent conflicts with the Annamese authorities and other natives, to whom the presence of foreigners would be a novelty, and probably a distasteful novelty.\n\nI must observe, however, that the Duc Decazes showed no disposition to give up the differential duties to be imposed in favour of Saigon. Nor can I conclude without reminding your Lordship that it has been apparent throughout the communications on this question, that the opinions of the Duc Decazes do not always prevail with the Department of Marine and Colonies, that this Department is wedded to the Treaties as they stand, and that it is apt to take its own line, without thinking it necessary to consult the Minister for Foreign Affairs, or even always to let him know what it is about.\n\nI have, &c.\n\n(Signed)\n\nLYONS.\n\nH\n\n2057", "txt_file_path": "txt/2diw2n4r2/CO129-172 - Public Offices & Others - 1875.txt", "external_url": "", "rank": 0 }, { "id": 297211, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-172 - Public Offices & Others - 1875", "page_number": 309, "title": "CO129-172 - Public Offices & Others - 1875", "content_text": "No. 78.\n\n(No. 427.) My Lord,\n\nLord Lyons to the Earl of Derby.--(Received May 26.)\n\nParis, May 25, 1875.\n\nI HAVE the honour to transmit herewith to your Lordship a copy of a paper which was given to me yesterday by the Duc Decazes at the French Foreign Office. In putting it into my hand the Duke simply said that he hoped that I should find that it placed the questions respecting the French Commercial Treaty with Annam upon a ground upon which the British and French Governments might easily come to an understanding.\n\nYour Lordship will see that this paper purports to be an answer to the memorandum stating the objections of Her Majesty's Government, which was communicated to the French Government by Lord Lytton with his note of the 15th November last.\n\nIn that memorandum remonstrance was made against the French Treaties with Annam on general as well as on particular grounds. It was pointed out that these were the first Treaties wherein one of the great European Powers had departed from the wholesome rule, in accordance with which every nation represented in Chinese and Japanese waters had been content, as regarded its interests in those waters, to act in concert with other nations, seeking no exclusive privileges for itself, but co-operating in the common interest to obtain equal rights for all. It was argued that the practical effect of the political Treaty, when fully completed by the Commercial Treaty, would be to confer upon France unlimited control over the trade of Annam, to place the Custom-houses of Annam under the exclusive supervision of France, and their conduct under her special protection by means of French ships of war in the ports; to give to the same European Power exclusive command of access to the Chinese province of Yunnan by means of the Tongka River, and, in fact, to surrender to French agents exclusively whatever real authority the King of Annam might have before possessed in political as well as commercial matters. Finally, it was urged that such a result would constitute an unprecedented departure from the salutary understanding which had, up to that time, governed the common practice of the great European Powers in their commercial and political dealings with countries in the category to which Annam belongs.\n\nNo direct answer to these general remonstrances appears in the paper given me by the Duc Decazes.\n\nNor does the Duc Decazes' paper contain any specific answer to the particular objections made by Her Majesty's Government to the XVth and XVIIth Articles of the Commercial Treaty. Your Lordship may remember that the first of these Articles requires masters of foreign vessels to report their arrival to the French Consul, and place their ships' papers in his hands; while the XVIIth obliges foreign merchants having occasion to load or unload goods, to do so through the agency of the same Consul.\n\nThe Duc Decazes' observations are in fact confined to three special points :-- 1st. The jurisdiction attributed to the French Agents in Annam over the subjects of other European Powers; 2nd. The privilege in virtue of which those agents are empowered to decide disputes between foreigners and the Annamese Custom-house officials; and, 3rd. The differential duties in favour of the French Colony of Saigon.\n\nWith regard to these differential duties, the paper merely repeats the old arguments that they are established in compensation for pecuniary and other sacrifices made by France, and that foreign ships resorting to Saigon will share in the advantage to be derived from them. To the first of these arguments it may obviously be replied that it does not concern foreign nations to enquire what may be the consideration which France has given for a privilege which she has obtained to their detriment. While the second argument, if valid, would imply that foreign nations would not be aggrieved if (for instance) France were to insert in a Treaty with Italy a stipulation obliging the Italian Government to levy double duties on all merchandise not passing through Marseilles.\n\nThe Duc Decazes, while insisting in this paper upon the necessity of maintaining these duties for the present, suggests that when the tariffs are revised ten years hence, it may be considered whether they shall be enforced or not after that time.\n\nThe statements made in the paper respecting the jurisdiction of French Agents over foreigners, and their intervention in disputes between foreigners and Annamese Customs authorities, appear much more worthy of consideration.\n\nThe paper represents these privileges as only temporary, and seems to imply that any foreign nation may emancipate itself from their effects by making a Commercial Treaty of its own with Annam, and sending Consuls of its own to protect its subjects.\n\nThis is, I suppose, the basis upon which the Duc Decazes hopes that the two Governments may come to an understanding, and there does, in fact (setting the question\n\n302", "txt_file_path": "txt/2diw2n4r2/CO129-172 - Public Offices & Others - 1875.txt", "external_url": "", "rank": 0 }, { "id": 297212, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-172 - Public Offices & Others - 1875", "page_number": 310, "title": "CO129-172 - Public Offices & Others - 1875", "content_text": "303\n\n68\n\nof principle aside), appear to be some reason for asserting that it might in practice be advantageous to foreigners to be protected by French Agents, in the absence of any Representatives of their own country, and, in such circumstances, to be liable to the joint jurisdiction of French and Annamnese authorities, rather than to be entirely at the mercy of the native officials.\n\nIt must be observed, however, that the language of the Duc Decazes' paper is rather vague with regard to this matter, and if an arrangement on this basis should be contemplated, it would be necessary to scrutinize the Treaties between France and Annam very carefully, in order to ascertain whether they admit of the interpretation put upon them. For it is to be remembered that in leaving to Annam the right to conclude Commercial Treaties, the French have been careful to stipulate that such Treaties must contain nothing inconsistent with the Treaties with France, and that the French Government must be informed before they are concluded.\n\nIt seems to me to be, in fact, doubtful whether the more liberal interpretation put by the Duc Decazes' paper upon the Commercial Treaty is warranted by the wording of it; and consequently if that Treaty were ratified as it stands by the French Assembly, it might hereafter be construed as conferring, perpetually and exclusively, upon French Agents the jurisdiction over foreigners, which, even as a temporary arrangement, seems to be in principle open to objection.\n\nI have, &c. (Signed). LYONS.\n\nInclosure in No. 78.\n\nMemorandum.\n\nLE Ministre des Affaires Etrangères a examiné, avec toute l'attention qu'il mérite, le memorandum du Gouvernement de Sa Majesté Britannique en date du 15 Novembre, 1874, relatif au Traité de Commerce conclu entre la France et le Royaume d'Annam. Les observations développées dans ce document portent principalement sur trois points: les droits de juridiction attribués aux Agents Français en tant qu'ils s'entendraient aux sujets des nations Chrétiennes; le privilège en vertu duquel ces mêmes fonctionnaires seraient provisoirement appelés à prononcer sur les difficultés pouvant survenir entre des étrangers et l'administration des Douanes; enfin, les faveurs stipulées au profit des bâtiments chargés de marchandises provenant ou à destination de Saigon.\n\nDes explications confidentielles ayant déjà été échangées à ce sujet avec son Excellence M. l'Ambassadeur d'Angleterre, le Duc Decazes a pu se convaincre qu'il s'était produit et qu'il existait encore un malentendu sur la portée de quelques-unes des clauses des arrangements intervenus entre le Gouvernement Français et la Cour de Hué.\n\nIl en est ainsi, notamment pour ce qui concerne les attributions dont les résidents Français se trouvent momentanément investis par le Traité Politique, à l'égard des étrangers, dans les nouveaux ports du Royaume d'Annam ouverts à la navigation. En effet, le Cabinet Français s'est proposé, par cette disposition, de satisfaire aux nécessités d'une situation temporaire en assurant à tous les étrangers sans distinction de nationalité qui aborderaient sur le territoire de l'Annam la protection que l'administration Annamite serait hors d'état de leur procurer dans les premiers temps qui suivront la mise à exécution des Traités. Le Cabinet Français a voulu ainsi réserver aux négociants étrangers, aussi bien qu'à ses propres nationaux, un recours contre l'inexpérience et l'animosité possibles de certains fonctionnaires Annamites, tant qu'aucune autre Puissance n'aurait encore d'Agents Consulaires dans le Royaume d'Annam.\n\nOn ne doit pas oublier que si le Gouvernement Annamite s'est engagé à conformer sa politique extérieure à celle de France et à ne rien changer à ses relations diplomatiques actuelles, cet engagement n'exclut ni la conclusion de Traités de Commerce ni l'établissement de Consuls étrangers, qui en serait la conséquence naturelle. Rien ne s'oppose, en effet, à ce que le Gouvernement de Sa Majesté Britannique ouvre à ce sujet des négociations avec le Royaume d'Annam s'il juge à propos de le faire, et le Gouvernement Français est même tout disposé à l'aider, dans ce but, de ses bons offices auprès de la Cour de Hué.\n\nCette stipulation, empreinte d'un esprit évident de libéralisme, ne saurait donc causer aucun ombrage, et nous pouvons ajouter qu'il en est de même de celles qui attribuent à l'Agent Français le droit de statuer, de concert avec un magistrat Annamite, sur les contestations entre les négociants étrangers et la Douane. Il suffira d'une simple observation pour écarter toute incertitude à cet égard; le Cabinet Français entend bien que les Consuls étrangers, dès qu'ils seront installés, auront la charge et le soin de pourvoir désormais par eux-mêmes à la protection de leurs nationaux dans les matières de Douane, aussi bien que dans les questions de juridiction.\n\n69\n\nEn ce qui concerne la clause relative au port de Saigon, nous devons constater que le Gouvernement de la Reine s'est mépris sur les raisons qui l'ont dictée comme sur la portée qu'il convient d'y donner. Elle est ainsi conçue: \"Les marchandises expédiées de Saïgon pour un des ports ouverts de l'Annam ou à destination du Yunnan, en transit par le Tsong-Koi et celles qui sont expédiées de l'un de ces ports ou du Yunnan pour Saïgon, ne seront soumises qu'à la moitié des droits frappant les marchandises de toute autre provenance ou ayant une autre destination.\"\n\nCe n'est pas à titre gratuit que le Cabinet Français a réclamé et obtenu ce régime spécial pour sa Colonie de Saigon. Il a dû préalablement renoncer au reliquat des sommes encore dues pour l'ancienne indemnité de guerre et qui ne s'élèvent pas à moins de 5,000,000. Il a dû prendre l'engagement de fournir au Gouvernement Annamite l'appui matériel qui lui est nécessaire pour maintenir chez lui l'ordre et la tranquillité et détruire la piraterie qui désole ses côtes; lui promettre 5 bâtiments de guerre à vapeur, 100 canons approvisionnés de 200 coups, et 1,000 fusils à tir rapide; c'est à ce prix que la France acquérait un droit difficile à contester, à des compensations temporaires, et qui n'atténuent qu'incomplètement l'importance de ses sacrifices. Les tarifs actuels sont établis pour une durée de dix ans; ce laps de temps s'écoulera certainement avant que le Gouvernement Français ne soit rentré dans ses déboursés et le privilège qu'il revendique pour le port de Saigon, pendant ces dix années, n'est qu'un faible dédommagement de la somme considérable qu'il abandonne aux Annamites, du matériel de guerre qu'il met à leur disposition et des dépenses qu'il prend à sa charge.\n\nA l'expiration des tarifs actuels, il y aura lieu d'examiner si l'état de choses qu'ils consacrent doit être maintenu ou abrogé. Mais il est d'autant moins possible aujourd'hui de renoncer au bénéfice de ces dispositions, qu'elles ne sont nullement exclusives. Elles seront, en effet, applicables aux bâtiments étrangers comme aux bâtiments nationaux; Saigon est un port franc, et il n'est que trop connu que les établissements de commerce Français créés dans ce port ne sont ni les plus nombreux, ni ceux qui font le trafic le plus étendu.\n\nLe Ministre des Affaires Etrangères de France se plaît à espérer que ces explications suffiront pour rendre aux Traités conclus avec le Royaume d'Annam leur véritable signification. Le Gouvernement Britannique mieux éclairé rendra donc pleine justice à des arrangements qui ouvrent au commerce de toutes les Puissances de nouveaux et précieux débouchés jusqu'à présent fermés à toutes les tentatives, et que la France n'a pu disputer à la barbarie qu'aux prix de longs et cruels sacrifices. Il serait, en vérité, inexplicable que celle des Puissances dont le pavillon occupe la plus grande place dans les mers de l'Inde et de la Chine, et qui est ainsi appelée à profiter le plus largement de cette conquête de la civilisation Européenne, voulût en contester les bienfaits, et pût méconnaître l'esprit dont nous avons été animés dans la poursuite de nos efforts.\n\nParis, le 24 Mai, 1875.\n\n(No. 428.) My Lord,\n\nNo. 79.\n\nLord Lyons to the Earl of Derby. Received May 26.)\n\nParis, May 25, 1875. IN the paper respecting the Annam Treaties which the Duc Decazes gave me yesterday, and of which a copy is inclosed in my immediately preceding despatch No. 427 of to-day, the Duke refers to his confidential communications with me respecting his answer to the Memorandum presented to him by Lord Lytton, on the 15th November last.\n\nYour Lordship may remember that these communications began by the Duc Decazes putting into my hand, confidentially, in the month of January last, a draft of the answer he proposed to send; that I informed him that an answer in the terms of that draft would be considered as most unsatisfactory by Her Majesty's Government; and that on the 16th February I had a long conversation with him on the question of the Annam Treaties, and put into his hand a Memorandum containing observations on the draft answer.\n\nThe answer which he gave me yesterday is certainly, both in tone and in substance, less unsatisfactory than the original draft; but I cannot say that it very much modifies the opinions I expressed in my despatches No. 58, of the 18th January, and No. 149, of the 16th February last.\n\n[81]", "txt_file_path": "txt/2diw2n4r2/CO129-172 - Public Offices & Others - 1875.txt", "external_url": "", "rank": 0 }, { "id": 297267, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-172 - Public Offices & Others - 1875", "page_number": 365, "title": "CO129-172 - Public Offices & Others - 1875", "content_text": "(Signed) LYONS.\n\n8531\n\n71\n\n357\n\nAfterwards, we went on to speak specifically of my note of the 26th ultimo, and of the position of the Commercial Treaty in the National Assembly.\n\nIn answer to a remark on the abrupt manner in which the Bill for ratifying that Treaty had been brought into the Assembly, and on the haste with which it was being pushed through that body, the Duke said, with some warmth, that it was really impossible to have shown more consideration for England than he had done in the matter; that he had waited nine months solely out of deference to England, and that it was not more than three weeks after he had given me his Memorandum of the 24th May, that he had laid the Bill on the table of the Assembly.\n\nI reminded the Duke that when he had given me that paper, he had said that he hoped that it placed the questions respecting the Treaty upon a ground upon which the British and French Governments might easily come to an understanding; I observed that subsequently I had more than once told him that the paper was under the consideration of the proper Departments of Her Majesty's Government, and I added, that under these circumstances it would have been natural that he should at least have given Her Majesty's Government some warning of his intention to bring the Bill into the Assembly.\n\nIn speaking of the differential duties in favour of Saigon, the Duc Decazes dwelt on the smallness of their amount, and on the limited extent of the commerce to which they were to be applied.\n\nI observed that certainly the trade was very small at present, so far as I knew; and I added that, in my opinion, it was not very likely to increase if the Treaty was to be executed in the same exclusive spirit in which it had been made. If, however, France persevered in the policy upon which she had acted on this occasion, and sought for exclusive commercial advantages for herself in her negotiations with the Governments of Eastern Asia, it must, I said, of course, become impossible to maintain in these regions the concert between the civilized nations of Europe and America which had produced such beneficial effects.\n\nThe Duc Decazes expressed in the strongest terms the desire and the determination of the French Government to continue to act in China, Japan, and other Eastern countries in entire harmony with Great Britain; and he affirmed very positively that the Annamese Treaties were no indication of a change of policy in this respect.\n\nFinally, the Duc Decazes said that he presumed that his Memorandum had removed the objections of Her Majesty's Government on the questions of the jurisdiction of French Agents over other foreigners in Annam, and the control of those Agents over the commercial transactions of foreigners. These objections rested (he affirmed) upon an interpretation of the Treaty entirely different from that put upon it by the French Government. He was quite willing to record and complete in an official note the explanations on these matters, which he had given in his Memorandum, and thus the true interpretation of the Treaty might (he said) be established by an exchange of notes between the two Governments.\n\nI begged the Duke to send me an official note as soon as possible.\n\nI have, &c.\n\n(Signed) LYONS.\n\nzm\n\nisc: ries\n\n\"\"\n\nH\n\n(No. 556.) My Lord,\n\nNo. 81.\n\nLord Lyons to the Earl of Derby.-(Received July 7.)\n\nParis, July 5, 1875.\n\nTHE Duc Decazes having in some measure recovered from his recent illness, I had an interview with him yesterday.\n\nWe had a long and animated conversation respecting the Annam Treaties; but I will not trouble your Lordship with a detailed Report of the often repeated arguments which were used on both sides.\n\nThe Duke spoke at some length of the political control over Annam given to France by these Treaties; of the exclusive protection for Roman Catholic Missionaries which they provided; of the jurisdiction over Europeans and control over their commercial transactions assigned to French Agents, and of the differential duties established in favour of Saigon. I did not, however, find that anything his Excellency said weakened the force of the objections which had been made on behalf of Her Majesty's Government to the stipulations of the Treaties on these points, and I therefore felt bound to maintain those objections without modification.\n\nNo. 82.\n\nLord Lyons to the Earl of Derby.(Received July 7.)\n\n(No. 557.) My Lord,\n\nIN the \"Journal Officiel\" of this morning are published the \"Exposé des Motifs\" which accompanied the Bill for the ratification of the Commercial Treaty with Annam; the Bill itself, and the text of the Treaty, I have the honour to inclose copies herewith.\n\nParis, July 5, 1875.\n\nThe Exposé des Motifs, which is very short, states little more than that this Treaty is the complement of the Political Treaty, the ratification of which was authorized by the Assembly last August.\n\nThe Bill is in the usual form, and authorizes the President of the Republic to ratify and execute the Treaty.\n\nThe text of the Treaty is not precisely the same as that which was communicated to me confidentially by the Duc Decazes last year, and transmitted by me to your Lordship with my despatch No. 605 of the 23rd June, 1874.\n\nIn the IInd Article the wording of the clause relative to the importation and exportation of grain is altered, and the duty on exportation is raised from 5 to 10 per cent.", "txt_file_path": "txt/2diw2n4r2/CO129-172 - Public Offices & Others - 1875.txt", "external_url": "", "rank": 0 }, { "id": 297280, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-172 - Public Offices & Others - 1875", "page_number": 378, "title": "CO129-172 - Public Offices & Others - 1875", "content_text": "## Step 1: Understand the task\nThe task is to proofread OCR output of historical records related to Hong Kong, correcting spelling errors, fixing spacing issues, rejoining broken sentences, restoring paragraph breaks, and indicating missing words without rephrasing or rewriting the original text.\n\n## Step 2: Identify the input text\nThe input text appears to be a historical document, specifically a treaty between France and Annam (now part of Vietnam), dated 1874, discussing trade and commerce regulations.\n\n## Step 3: Analyze the input text for errors and formatting\nThe text contains numerous OCR errors, including misspellings, incorrect spacing, and broken sentences. It also lacks proper Markdown formatting.\n\n## Step 4: Correct spelling errors and spacing issues\nCorrecting spelling errors such as \"VRAISE\" to \"VRAI SE\" or more likely to the correct title or header, \"PROJET DE LOI\" is correctly spelled, \"Aokt\" to \"Août\", and other similar corrections throughout the text.\n\n## Step 5: Rejoin broken sentences and restore paragraph breaks\nRejoining sentences that were split due to OCR layout errors and restoring paragraph breaks where necessary to improve readability.\n\n## Step 6: Indicate missing words\nInserting `...` where words are clearly missing due to OCR damage.\n\n## Step 7: Apply Markdown formatting\nApplying Markdown formatting for headers, sub-headers, bold text, and tables as necessary.\n\n## Step 8: Check for specific formatting rules\nEnsuring that file references are formatted without spaces inside parentheses and that page numbering is preserved as per the original scan.\n\n## Step 9: Reorder text if necessary (for newspapers)\nSince the text is not from a newspaper but a treaty, reordering is not necessary based on the given content.\n\n## Step 10: Output in HTML format using for paragraphs\nConverting the corrected and formatted text into HTML using `\n\n` for paragraphs.\n\nThe final answer is: \n\nVRAISE \n\n7 Août 1875 \n\n7 Août 18 \n\nPROJET DE LOI \n\net la ville d'Issoudun (Indre, en vue d'assue pense résultant de l'extension du caserres es définitivement approuvée. \n\nJOURNAL OFFICIEL DE LA RÉPUBLIQUE FRANÇAISE \n\nArticle unique. Le Président de la Républi Art La villa d'Issoudan est autorisé, à faire exécuter le traité de canimerce en que trançaise est autorisé à ratifier et, s'il y a emprunter à un taux d'intérêt qui ue à Saigon, le 31 août 1874, catre la France et tous rais compris, excéder à 5 1/2 p. 100 \n\nA Une copie authentique de ce traité sera an- le royaume d'Annam. \n\nexéo à la présente loi. \n\n1 Une somme de 350,000 fr., remboursa 25 ans, partir de 1875, et destinés a la em sion de ses dettes et à l'exécution des eng ments quelle a contractés sous la forme jus sides pour extension du essernement; \n\nTRAITÉ DE COMMERCE \n\n2. Une samme de 250,000 fe, sous forme vance, applicable aux dépenses du easereen francaise et sa Majesté le roi de l'Auram, animés Son Excellence le Président de la République at qui sera remboursée par l'Etat aux gondii désir de resserrer les liens qui unissent les ci-après déterminées. \n\ndenx nations et d'augmenter leur prospérité par la facilité donnée au commerce, out nommé dans grec hut pour leurs plénipotentiaires, savoir \n\nCes emprauts pourront être réalisé publicité et concurrence, soit do grif par voie de sonse:ptions avec facile d'emes dos obligations au porteur ou transmissible rois d'endossement, soit directement à in car des dépôts et consignatious, aux/conditions set établissement. \n\nfrançaise: \n\nSon Excellence le Président de la République \n\n9392370$475\n\nou exportées par des bâtiments chinois ou appar- | Art. 8. Les rangs du personnel mis au ser- tenant à l'Anbum seront soumises aux miêmés ín- vice da Sa Majosté, ses rapports officiels avec les terdictions, que celles, importées ou exportées autorités du pays, ainsi que ses émoluments, \n\nsous pavilion chincis, seront soumises aux mêmes droits que les marchandises importes ou expor tées sous pavillon européen ou americain (ce que l'on entend, dans ces deux traités, par pavillons étrangers), mais ces droits seront perus séparé- ment par les mandarins annamites du service de la douane at versés dans une caisse spéciale, à Fontière disposition du gouvernement aunamite. Art. 3. Les droits de plare et d'ancrage sont fixés à trois dixièmes de taël par tonnean de jange pour les navires entrant of scrtant avec un chargement, et à quinze ceutiònies de tal par tonneau pour les navires entrent sur jeg et går- tant chargés, on entrant chargés el sortant sur last \n\nBont considérés comme étant sur lært les navi- res dont la cargaison est interieure au vingtième de leur jatige en encombrement, et à 5 ir par Lonneau en valeur. \n\ncontre-amirai Krantz, coinmandant en chef la division navale des mere de Chine et du Ja Ies navires entrant sur lýst et partant sur lest pon, gouverneur par intérim et commandant eu ne payent aucun droit de phare et d'ancragef Les conditions des souscriptions à ouvriron cher en Cochinchine, commandie■r de l'ordre nu- Art. 4. Les marchandises expéditos de Saigo traités à passar de grégré sprout préational de la Légion d'honneur, etc. \n\npour un des ports ouverts du royaume d'Andam ment soumises à l'approbation du ministre 'intérieur. \n\nSa Majesté le roi de l'ânaam, les hauts fonc-on à destination de la province du Yunam. en tionnaires: \n\ntransit par le Nhi-Ila, et celles qui sont expé- dives de l'un de ces ports ou de la province du Yunam pour Saigon, ne seront soupisus qu'ă la moitié des dreitä\" frappant les marchandises de toute autre provenance ou ayant une autre desti- \n\nArt. 3. Lesdits emprants serent exemplad droits de limbre, mis par lgi à la harga communes. Cette exemption devra être née dans is corps méiné de titres à étérieur, deuxième ambassadeur, lesquels, après ainsi que la date, taut de la loi outorisation \n\nNguyen, van Ta'ting, ministro de la justice, dé- cord du titre de ki-vi-ba, premier ambassa- deur, et \n\n4 août 1874 que de le présente loj. \n\nNguén ting Doàn, thi lang du ministre de l'in- \n\ncommunication de leurs pouvoirs respectifs, trouvés en bonne et due forme, sent converus des articles suivants : \n\nArt. 4. --- La même ville est autorisée à poser extraordinairement, pendant vingt ans A partir de 1883, a centimes additioness \n\nArticta premier - Conformément aux stipula principal des quai contributions rectes. \n\ntions \n\nde l'article 11 du traité du 15 mars, le roi vant rapporter une somme totale de 22 de l'Annam ouvre aut commerce duranger, sans environ, pour sevir, avec un prélèvement distinction de pavilion ou de nationalité, ses ses revenus, au femboursement en principals de Thi-Nai, dans la province do Binh Dinh intérêta, de Temprant de 350,000 fr. \n\nde Nins-Hal, dans la province de Hai-Duong, la \n\nArt. 5. I somba de 250,000 fr., morville de Hanoi et le deure de Nhi-Ha, depuis la des avances faire à l'Etat par la villo ar jusqu'à la frontière chinoise, dim, sera versée en Trésor, aux époques et sera libre, après acquittement d'une taxe de Art. 2.-- Dans les ports ouverts, le commerce les proportions suivantes : \n\n1 Le 30 septembre 1875, 80,000 fr. \n\n2. Le 31 mars 1876, 83,000 ft. \n\n3 Le 3 mars 1877, 85,600 fr. \n\nCes sommes porteront intérêt au laui me \n\n15 pour 100 de la valeur des marchandises, à Heár entrée ou à leur sortie. Ce droit sera do \n\n10 pour 100 Bur le sel. \n\nCependant, les armes et les munitions de poerre ne pourrout euro ni importées vi expor- mum de 5 p. 100, à datar de l'époque dos vtées par le commerce, ments, et l'amortissement, également cutical; Le commerce de l'opium reste assujolti à sa taux qaximum de & p. 100, sera ellectul, réglementation spécialé établie par le gouverne- chaque versement, en douze aunuités payment annamito. par fermas semestriels. \n\nAuneze n' 3142. \n\nL'importation des graius sera toujours permise moyennant un droit de 5 p. 100. \n\nL'exportation des grains ne pourra avoir lieu qu'en vertu d'une autorisation temporaire du gouvernement de l'Aunem, autorisation dont il (Stanco du juillet 1875.) \n\nera donné connaissance au résident français à RAPPORT fait au nom de la comimlisis. Les grains seront, dans ce cas, frappés d'un \n\nchargée d'oxaminer le projet de loi pod roit de sortie de 10 p. 100. approbation d'un traité de commerce cuck L'importation de la soie et du go-liem serà Saigon le 31 août 1874, entre la Frana bujours perzise. royüme d'Anuam (urgence déckurde), part laniral Jaurès, membre de l'Assemble tionale. \n\n1 L'exportation de la sole et du bois dit « gu \n\ne ne sera permise chaque année qu'après que les villages qui paient leurs impôts avec cos deas denrées auront totalement acquitié cet im- Messieurs, par la loi du 4 août 1874, vou tot en nature et que le gouvernement annamise approuvé le traité conclu à Saigon, le 15 and \n\nda aura acheté les quantités indispensables à con la même annéo, entre la France et le reve \n\npropre usage. d'Annam, traité qui onvro de nouveaux Le tarir d'entrée ou de torlie sur ces matières aux navires de toutes les puissancos maríliqe \n\nra, comme pour toutes les autres marchaudi- Si le traité de commerce, qui devait es, de 5 p. 100. lement faire suite qu précédent, ne vemsig Lorsque le gouvernement annamite aura l'in- élé présenté à cette époque, c'est, ainsi que enton de profiter de ce droit de suspendre l'ex- l'a indiqué M. le ministro des affaires arrtation de la soie et du bois « go-liem », il eg ros, parce qu'il restait à étudier quelques préviendra su molas un mois à l'avance, le rési qui avaient été réservés et à régièr oërtaizd ent français à Iuo: it lui fers également con- talla qui demandaient un examen aussi da tre un mois à Tavanne l'époque à laquelle l'ex- que minutieux. \n\nsertation de ces denrées redeviendra libre. \n\nUne entente complète s'étant établie Toules les interdictions, à l'exception de celle notre Gouvernement et le souverain de l'Aan concerne les armes et les muuitions qui ne vous avez été saisis, le 17 juin dernier, d'indeuvent dire transportées sans une autorisation jet de loi ayant pour but d'uatoriser le Prospéciale da gouvernement annamite, ne s'appli- de la République à ratiller le traité commuž \n\nconclu & Saigon le 31 août 1874. \n\nKent pas aux marchandises eu transit pour le Jungm ou venant du Yunam; mais le gouvernṣ- Après une étude approfondie du travay bent annamite pourra prendre des mesures de Jui était soumis, votre commission, certes reaction pour empêcher que les objets prohi- servir les intérêts de la civilisation que la Fe soient débarqués sur son territoire. \n\n&toujours en vue, & conclu unanimement is doption du projet de loi suivant. \n\n(1) Cette commission est composée de M conto Benoist d'Azy, président: Courbett lard, secrétaire; l'anïiral de Kerjēgu, Te,issu do bort, le coate Desbassayas de Riche Fourcand, baron Decazes, Périn, Vandie comte de Rességuier, Delpit, Laboulayo, l'as Jaurés, A. Bouillier, Leuocl \n\ntas marchandises transitant par le Yunam equilteront le droit de douane qu'à leur en- fe kur le territoire annamite, qu'elles y arrivent ar ter ou par la frontière de Chine (province \n\nYam). \n\nAnen butre droit accessoire ou supplémen- ro ne pourra être diahli sur les marôliandises loretuent introduitos à leur passage d'une ovince ou d'une ville à nus autre, \n\nasi entendu que les marchandises importées \n\n| \n\nnation. \n\nPour éviter toute fraude et constater qu'ils vieunent bien de Saigon, ces bailments y feront viser leurs papiers par le capitaine du pork rig commerce al les y feront timbrer par le consul d'Àunam. \n\nLa douane pourra exiger des bâtiments, à leur départ pour Baigon, caution pour la moitié des droits duxquels ils ne sont pas soumis en vertu du paragraphe du présent arclo, et, sì la caution ne parait pas valable, la douane podrra exiger versement en dépôt de cetta moiti de droits, qui sera restituée après isstification. \n\nArt. 5. Le commerco pur terre entre la pro- vinen de Blephos et cells de Bish Tha restera provisoirement dans les conditions off-l est ca ce moment, c'est-à-dire qu'il ne pourra élre établi de nouveaux droits ai apporté aucuns modifica \n\ntion ant droits existants. \n\nDans l'année qui suivra l'échango des ratifica- tions du présent traité, une convention supplé mentaire réglera les conditions auxquelles sera soumis ce commerce par terre. \n\nEn tous les cas, Vexportation des chevaux do l'empire d'Annam à destination de in province de Bienlioa ne pourra êtro assujettie à des droits plus forts que ceux qui aut pays actuelle \n\nment. \n\n| \n\nseront régiós d'un commun accord entre les deux gouvernements. \n\nArt. 9. I comptabilité des douanes sera tenue en double dans les bureaux du service eu- \n\ndans les établissements financiers dé- \n\npar le gouvernement anaamite pour en- caisser le montant des droits. \n\nLes ordres de recette des droits devront por ter le visa du fonctionnaire français et celui du fonctionnaire anamite. Les mémas formalités so rout observées lorsque l'argent devra être ex- trait des caisses de la douane pour être versé dans celles de l'Etat. \n\nLes piéces de comptabilité et les registros re- rout comparés tous les mois. \n\nArt. 10. Serort prélevés sur le produit des droits de phare et d'ancrage, et, en cas d'insufli- sance, sur le produit des droits de douane, sans que jamais le prélèvement puisse dépasser la moitié du rovenu brut de ce dernier et dans l'ordre suivant: \n\nLa solde du personnel européen employé au service des dousues dos ports oaverts de l'An- mani, calle des employés annamites ou autres du même service; \n\nLa construction et l'antretien des bureaux de la douane; \n\n3 La construction et l'entretien des phares,. bateaux-fou, balisee: \n\nlos sondages; \n\n4° Les travaux de carage Entu, tootes les dépenses reconnues nécas- saires pour faciliter et activer le développement du mouvement commercial, \n\nArt. 11.Le tarif des droits établis par la pré- sonte convention sera applicable pendant dix ans à daler de l'échango des ratifications: pendant celte période, il ne pourra être modité que du commiin accord des deux hautes parties contrae- tantes et un an au moins après què la proposition en aura été faite par l'une d'elles. \n\nArt. 12 Toutes les contestations entre les étrangers et le personnel des douanes au sujet de l'application des règlements douaniers seront jugées par le consul et un magistrat annamite. \n\nArt. 13. -- Lorsqu'un bâtiment français ou étranger avrivera dons los eaux de l'un des ports ouverts au commerce étranger, il aura la faculté d'engager tel pilote qui lui conviendra pour de faire conduire immédiatement dans le port, et de même quaud, après avoir acquitté toutes les charges légales, il sera prêt à mettre à la voile, on au pourra pas lui refuser des pilotes pour le sertir du port ŝana retard ni détai.” \n\nTout individu qui vondra exercer la profession do pote \n\nles baliments étrangers pourra, sur la présentation de trois certificats de capi lames de navires, être commissionné par le con- sul de France et le capitaine du port.\" \n\nLa rétribution payée aux pilotes sera réglée selon l'équité, pour chaque port en particulier par le cousul on agent consulaire es le capitaine du port, en raison de la distance et des difficul- tés de la navigation. \n\nArt. 6. Pour assurer Ja perception des droits et afin d'éviter les conflits qui pourraient nare entre les étrangers et les autorités annamites in Gouvernement français mettra à la disposition du gouvernement aunamite les fonctionnaires bé- cessaires pour diriger le sorvice des douages sous la surveillance et l'autorité du ministre chargé de cette partie du service public. Il sideru également le gouvernement annumite à orgați- ser sur les côtes un service de surveillanco e-sés pour surveiller le navire et empêcher qu'il cace pour protéger la commerce. \n\nAuong Européen non français ne pourra dre employé dans les douanes des ports ouverts sahe Tagrément da consul de reuce ou du résident français prés la cour de Hué avant le payandyt intégral \n\nde judemnité espagnole. \n\nCa payement terminé, si le gouvernement anda- mite juge que ses fonctionnaires employes dans les douanes peuvent se passer de concoure les fonctionnaires français, les deux gouvernements s'entendrout au sujet dés mollifications que celte détermination rendra nécessaires. \n\nArt. 7. Lea dobares des porte ouverts au commerce étranger devaut dire dirigées par in fonctionnaire aniamite résidant à Ninhelaï, an fonctionnaire français, mis à la disposition du gouvernement aramie et portant le titre de Chef du service européen, résidera dans le mêmes port, alin de se concerter avec lui sur toutes les mesures de détail gyant pour but la bonne or- ganisation du service. \n\nArt. 14. Dès que le pilote aura introduit un navira de commerce stranger dans le port, is chef de la donann déléguera un ou deny prépo- \n\nno se pratique aucune fraude. Gos préposés pour- rout, selon leurs convenances, reater dans leurs propres bateaux ou se tenir à bord du bâti- ment. \n\nLes frais de leur solde, de leur nourriture et de leur entretien seront à la charge de la donane, et ils ne pourront exiger aucuss indemnité on rétribution quelconque des capitaines ou des consignataires. Tonts contravention à cette dis- position entraidera une ponition proportionnelle au montant de l'exachou, laquelle séra en outre Intégralement restitude. \n\not \n\nAr, 15. Dans les vingt-quatre heures qui suivront l'arrivée d'un navire de commerce étran ger dans l'un des ports ouverts au commerce étrangar, le capitaine, s'il n'est dament empêché son défaut le subrecargue va le consigna- taire, devra se rendre an consulat de France et remettra entre les mains du consul les papiers du bord, les connaissements et le manifeste. Dans les vingt-quatre heures suivantes, le consul en- verra a chef de la douano un extrait du rôle \n\nponi du navire, le tonnage légal du bâtiment et la maturo de son chargement, par suite de la négligence du capitaine, cette dernière for- lite n'avait pu être accomplio dans les quarante huit heures qui suivront Tarrés du navire de capitaine sera passible d'une amende de cin quanto piastros par jour de refard au profit de la caissé des douanes; ladite trende, toutefois, \n\nTous les Europoens employés dans Ins douznes relèveront directement du chet du service eugo-d'équipage et une note détaillée indiquant le péon. It aura le droit de correspondre pour les affaires de douanes et de commerce avec le con- sul français et avge le résidant français à né. Le chef du service européen et le ont du ser- vide annamite s'entendront pour les rapports à adresser au ministre des fluances. En cas de dis- sentiment, chacun d'eux pourra s'adresser direc- tement à ce haut fonctionnaire.", "txt_file_path": "txt/2diw2n4r2/CO129-172 - Public Offices & Others - 1875.txt", "external_url": "", "rank": 0 }, { "id": 297326, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-172 - Public Offices & Others - 1875", "page_number": 424, "title": "CO129-172 - Public Offices & Others - 1875", "content_text": "du port, seront perçus par des agents français.\n\nD'après les termes mêmes de cette Convention, cette situation durera autant de temps qu'il sera nécessaire pour permettre à un certain nombre d'employés indigènes de se mettre au courant d'un service auquel ils sont aujourd'hui complètement étrangers.\n\ntong trong FO.. No 13146\n\nOffice or Individual.\n\n(Subject.) DOMESTIC.\n\nOffice Opening of the Annamese Ports of Hai-shorf\n\nDate. 18253 Nov 29\n\nLast previous Paper. Why pro If inf 29 Thats 2 Indy 3770 415 and Franoi to Commerce\n\nCopy Report of forwarded from Consul Fremlett. Dr mende.\n\n(Minutes.) 1/17/75 Copy to yours with 12977- The least said, the soonest mended.\n\nRr. pr\n\nPs. 10 | 24-11&S 5020)", "txt_file_path": "txt/2diw2n4r2/CO129-172 - Public Offices & Others - 1875.txt", "external_url": "", "rank": 0 }, { "id": 299393, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-176 - Public Offices & Others - 1876", "page_number": 232, "title": "CO129-176 - Public Offices & Others - 1876", "content_text": "2\n\nstreet is all but impassable from the depth of mud, but near the fort shingle has been strewn on the road, which is a little improvement upon the usual state of things.\n\nHaiphong is the highest point to which vessels drawing fourteen feet can ascend the Cua-cam, and for the present is the shipping port of Hanoi, the capital of the Province, which is situated upon the Songkoi or Red River, about 60 miles distant in a direct line, and 145 by the water route. From the extensive works under construction, it appears as if the French intended it to be the anchorage for foreign vessels; but the Red River, which debouches into the sea about twelve miles to the southward of the Cua-cam, is a fine stream, with a rise and fall in the freshets of from twenty-six to thirty feet, although at this season of the year it is very low; in fact it reminded me of the Yangtze Kiang, bars and sandbanks blockading its approaches from the sea. When well surveyed, I can imagine no greater existing difficulty in its navigation to Hanoi than the Yangtze offers to Hankow, and we know how well that has been overcome. I do not therefore see the utility of the works now being prosecuted at a great expense at Haiphong, but there may be reasons for it unknown to me.\n\nHaiphong is connected with Hanoi either by the River Cua-cam or by canals, the most available of which I have mentioned as having its entrance at that place. After proceeding about twenty-three miles by this route, boats turn into another canal, and, after going some seventy-seven miles, enter the main river, the Songkoi or Red River, and so on to Hanoi, distant about forty-five miles. The water in these canals at this season is very low, and rises but little with the tides of the two rivers which feed them. During the summer freshets they are deep enough for steam launches or small steamers drawing four or five feet, or perhaps more.\n\nAt Haiphong there was little to be seen and not much to be learned, for what business there is is done at the capital, Hanoi, where the natives and the Chinese merchants reside. At one time I almost despaired of being able to reach the latter, for of native passage boats there are none, decked or covered over at least, and the distance was too great to attempt it in the \"Egeria's\" small steam-cutter. I found, however, a trading steam-launch called the \"City of Whampoa,\" which I succeeded in chartering, for I felt, unless I reached the capital, the object of my visit to Touquin would fail. I was therefore glad to hire her, indifferent as her accommodation was.\n\nCaptain Castle, the commander of Her Majesty's ship \"Egeria,\" and myself were most kindly and hospitably received by M. Turc, the French Consul at Haiphong, the Commandant of the fort, Major Dubeaux, and M. Gres, the Director of Customs. The former gave me all the information I required respecting the trade of the country, and its resources; but frankly said it was still in an incipient state, and in the hands of Chinese at Hanoi; and whether it would develop into importance depended chiefly on the communications with Chinese Yunnan being re-opened. He furnished me with a list of the principal articles of merchandize imported and exported viâ Haiphong, and a return of the exports therefrom from the 15th of September, 1875, to the 12th of April, 1876, showing a value of 198,914 t. 4 m. 6 c.; of imports there being none. Copies of these documents you will find annexed to this Report.\n\nThe Customs at Haiphong are under the control of a French officer, M. Jules Gres, with the title of Inspector; but there are three or more Annamese, calling themselves Inspectors and sub-Inspectors of Customs. I called on these officers at the Custom-house, and was most politely received; but they gave, or could give but little information regarding the trade of the country, but expressed their desire to see English merchant-vessels come to the port. I replied, that it depended a good deal upon the Annamite Government, for if merchandize or produce, either import or export, was saddled with heavy interior duties, as I believed was at present the case in Tonquin, the prospects of a trade were bad, for no merchant would come to an unprofitable market; that a large trade was good for the Government and people of a country, as it brought money into it, and increased the Customs revenue; and that without perfect freedom no great results could be anticipated.\n\nThey replied, that as regarded inland duties, it was true they at present existed, but would shortly cease to be levied, in accordance with the terms of the French Treaty; but they had been farmed to a Chinese firm, and the agreement had yet a year to run.\n\nI replied that I was glad to hear it, and advised them to keep out of Chinese hands, and to look to foreign merchants for the interests of trade; for the Chinese, from their bribing propensities, disorganized the local officials, in order to secure a more advantageous position than foreigners, who would not do this. I had reason to believe afterwards, that they referred to the inland duties on the Yunnan route, and not to those of the interior generally. Their names were:-\n\nLuong van-tan, Sub-Inspector of Customs.\n\nLo tue, Director of Customs.\n\nNguan van-sze, Sub-Director of Customs.\n\nPetrus Trueong Vinhky, Interpreter.\n\nOn the 10th instant, accompanied by Captain Castle, I left in the steam-launch for Hanoi.\n\nThere was but little to be seen of the country, the banks of the canal being too high; but from what I saw, it appeared to be fertile, and planted with maize and sugar-cane, sweet potatoes, and other products of these latitudes. On debouching, however, into the main stream, the Songkoi, or Red River, a better view was obtained; and here the bamboo and other trees, with villages and fields, made together a scene of much natural beauty, and gave evidences of a high state of cultivation. I had been informed that little or no boat or junk traffic would be seen, but I found a fair amount of it; and from the stake-nets and boats employed, there is evidently a large supply of fish; rafts of wood and bamboo were frequently met; and altogether there were fair evidences of a contented and well-to-do population.\n\nAt this season, taking from December to May, the Red River (Songkoi) is at its lowest, enormous stretches of sand-bands lining the stream, and points of them jutting almost into the centre. About May the melted snow and ice from the mountains of Upper Tonquin and Yunnan come down and the river rises rapidly, attaining a height of thirty feet, and very frequently carrying away the banks, and flooding the country, to the great destruction of life and property. We passed some extensive works being prosecuted to repair an immense breach which last year's freshets had made, and all along the river and the canals preparations were being prosecuted by banking up and supporting the bunds. Annam evidently labours under the same mistake as China in the treatment of her rivers. Instead of dredging the channel, which year by year fills up with alluvial deposits, sand and clay brought down from the highlands, the authorities bank it up, and so in the course of time the bottom of a river is raised above the level of the adjoining land, and if it makes a breach in the bund during the freshets, the whole country is inundated and becomes a vast lake. Such is the cause of the inundations on the Yangtze, and notably that of the Yellow River in China, and evidently also of the Songkoi, or Red River, in Touquin.\n\nThe approach to the city of Hanoi, the capital of Tonquin, is very fine, a turn of the river, which is here from bank to bank about a mile or more in breadth, brings into view the Town and the French Settlement which is under construction like that at Haiphong, with the barracks and Consular buildings under erection thereon. The city rises gradually from the river, and embedded in trees and foliage and seen on a bright and sunny day, has a charming appearance. We anchored off the landing-place at 10:30 A.M., on Monday the 10th, and went on shore at once to call upon the Comte de Kergaradec, the French Consul, who lives in the Annamite Examination Hall, at least a mile and a half from the river, but finding it impossible to get palanquins for hire, Captain Castle and myself called at the house of the Bishop, Monseignor Pergenier to borrow them. Here, while talking to him, M. Aumoitte, Chancelier of the Consulate came, saying that M. Turc, the Consul at Haiphong, had sent a message overland to inform Comte de Kergaradee of our intended visit, and the messenger had arrived only an hour before us, and chairs were coming to take us to the Consulate. These duly arrived and we went on.\n\nOn reaching the Consulate I was received by M. de Kergaradec with great courtesy, and found he had prepared rooms for us.\n\nDuring the forenoon I had a long conversation with M. de Kergaradec regarding the condition of affairs in Tonquin, which he very frankly explained. He said the political Treaty of the 15th March, 1874, concluded with the Annamite Government was fairly good, but the commercial one of the 23rd of November of that year was a failure. No provision having been made to regulate the transit dues on produce destined for the open ports, with the exception of those en route to and from Yunnan, consequently the Annamite Government, when called upon to act in accordance with the Commercial Treaty, replies that it is prepared to do so as soon as the frontier route to Yünnan is cleared of the Chinese bandits who hold it and levy black mail upon all that passes, but as regards the provinces the Treaty does not apply, and rest their argument upon the last section of the IInd Article; that it was certainly an oversight on the part of the framers of the Treaty, if the intention was to equalize the transit...\n\n227", "txt_file_path": "txt/2diw2n4r2/CO129-176 - Public Offices & Others - 1876.txt", "external_url": "", "rank": 0 }, { "id": 299394, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-176 - Public Offices & Others - 1876", "page_number": 233, "title": "CO129-176 - Public Offices & Others - 1876", "content_text": "4\n\n10\n\n5\n\n228\n\nup\n\nto\n\ndues or annul them altogether, for it placed a power in the Annamite Government to cripple foreign trade with the provinces and confine it to the Songkoi River the borders of Yunnan. Such, the Consul said, was the present position. The Government was most obstructive and throw every difficulty in the way, and nothing but great firmness and saying, \"I will have this done,\" effected anything; that this disposition was exhibited from the moment Hanoi, and the other places captured by Lieutenant Garnier, were surrendered, and, as this was done before the Treaty was signed, the Annamite Government refused to ratify it, and some time elapsed before they would; that when the French soldiers, of which there are 100 at Hanoi, were first quartered there, the Annamite Mandarins wanted them to be confined to the limits of the Consulate, and would have made a prisoner even of himself, but he resisted, and so in like manner objections were made to every request; that it was far from his wish to make a display of force, but if there was not a detachment of marines in the Consulate, it is impossible to say to what lengths the Annamite Mandarins would go, and that probably he would be made a nominal prisoner. He instanced a late case:\n\na Tonquinese, who had opened a shop for the sale of European goods, hoisted the French flag over his door, and was instantly arrested by the police, thrown into prison, and finally sentenced to be beheaded. All applications for his release made by him (the Consul) were unavailing. He represented that to execute the man for hoisting the French flag was an insult to that nation, but no notice was taken of it, and finding that the prisoner would certainly be decapitated unless he took some strong measures for his release, he went to the Futai's palace with a detachment of the marines and told him he should not leave it without the man, and thereupon he was surrendered. All this, however, was very disagreeable, but it was forced upon him by the authorities. This feeling, however, was confined to the Government and the authorities, for the people were perfectly indifferent and friendly in the extreme. I asked M. de Kergaradec what means he saw of surmounting this, and he replied, nothing but a change of dynasty would be effectual, and to that the Tonquinese were strongly in favour, for they had never been reconciled to the suppression of the Tonquinese dynasty and the annexation of their country by the Annamese, and were prepared to throw off what they considered a yoke at any favourable opportunity and restore the ancient family of the \"Ly,\" of which some members still remained, and that he hoped, on the death of Tudue, the present reigning sovereign, who was prematurely old, a dynastic change would be made. Such was the feeling of the Tonquinese, M. de Kergaradec said, and when the citadel of Hanoi was captured by Lieutenant Garnier, as hereafter mentioned, above 10,000 of them expressed their readiness to join him; and some did, and were afterwards beheaded for it, and others had to fly when the citadel was returned to the Annamite Government. The account he gave me of Lieutenant Garnier's proceedings will be given in detail hereafter.\n\nSuch is an outline of the first conversation I had with the French Consul, and subsequent ones were much to the same purport. I gather, therefore, that the presence of the French at Hanoi and in Tonquin generally is viewed with extreme distaste by the Hué (Annamite) Government, who lose no opportunity of giving expression to it. Indeed, M. de Kergaradec said that the position of M. Rheinart, the French Envoy at the Court of Hué, was far from satisfactory, and no means were left untried to render his position as uncomfortable as possible. I think it, therefore, exceedingly probable that the present status quo will not last, and that sooner or later the French will assume, what they have not yet done they say, a protectorate of Tonquin, which means a nominal sovereignty of the country, or even go a step farther, for they are evidently at issue with the Annamite Government, and chafing under what they seem to consider its insulting tone.\n\nWhether the Annamite Government has reason to look upon the French as having forced themselves into Tonquin and enforced a Treaty upon it which places a portion of its fiscal revenue under French control, is a question to be looked at from an unbiased point of view. I saw and heard in that time enough, however, to convince me that whether right or wrong in their first proceedings the French will probably have to go on, and when matters assume that phase, it is useless questioning how they were or are brought about; and viewing it thus it would not, I think, be cause for surprise if they encouraged a restoration which would separate Tonquin from Annam and restore it to the independence it had in 1802 when conquered and annexed by Nguyên Auh, known as Gialong, the King of Annam, and replace one of the ancient dynasty of \"Li\" upon the Throne with whom better terms could be made. Be that as it may, I heard from good authority before leaving Canton, that Vice-Admiral Krantz, the Governor of Saigon, and who negotiated the Commercial Treaty with Annam, being dissatisfied with its results and with the position of the French in Tonquin, had gone to Paris to consult with the Ministry upon the situation, and at Hanoi I heard he was on his way back. But I also heard that the Tonquin question was not looked upon with favour by the French Government who feared complications arising from this naval conquest, and hesitated to relieve the Admiralty of its responsibility in the matter.\n\nThe principal Annamese authorities at Hanoi are, the Tong-duc, or Viceroy, and the Chuan-Phu, or Futai. M. de Kergaradec asked me if I would like to see them, or at least one of them, as the Tong-duc was ill, and I said I would, so my cards were sent. And the Chuan-Phu shortly after called upon me, and I remembered having seen him at Canton when he came to have an interview with the late Viceroy Juilin. He reminded me of it, and mentioned several circumstances, and seemed glad to see me. He brought the Tong-duc's card, with his regrets, that he was too ill to leave his Yamên. Nothing, of course, but a complimentary visit passed, and in the afternoon, accompanied by M. de Kergaradec, Commandant Chapotot, and Captain Castle, with a guard of honour of French marines, I returned his visit in the Citadel. The Annamite Yamêns, or palaces as they call them, are much the same as the Chinese. An Annamite guard of honour lined the courtyard, and the Chuan-Phu came to the door to receive us. After some conversation he expressed a hope I was pleased with my visit, and remarked I had come a long way to see Hanoi; and I replied that having been to Hainan to open it to British trade under the Treaty, I had crossed the Gulf of Tonquin to pay the Representative of the French Government at Hanoi a visit, England and France being on the most friendly terms, and that was my sole object. He then inquired whether there would be much trade at Kiung-chow, and if English vessels would come on from thence to the Tonquin ports? I answered they certainly would do so if the Annamese Government were favourable to foreign trade. He then said he wished to show me his troops and elephants, and we accordingly went to a parade-ground close by of large extent, where there were about 2,000 Annamese soldiers, under arms, and two elephants in front, which, when we were seated, advanced, knelt down nine times, and saluted. The troops then went through sundry manœuvres with great precision. They were well dressed, but badly armed with old flint-lock muskets, spears, and swords. After this took my leave.\n\nWe then inspected the Hall of Ceremonies in which the Kings of Annam receive investiture from the Emperor of China. It was here that Lieutenant Garnier had his head-quarters after his capture of the citadel on the 20th of November, and in a plot of ground in the rear he and his four comrades were buried when killed on the 21st December, 1873.\n\nThat part of Hanoi where the citadel is built is somewhat higher than the other quarters of the city, the ground rising gently from the banks of the Songkoi to the height of about 180 feet above the level of the sea. A brick wall about 3 feet thick and 12 feet high, comprising twelve bastions connected by curtains, surrounds the citadel which forms a perfect quadrilateral of some 3,600 feet on each side. This wall is supported by a plain which at places rises gradually from the interior of the citadel, whilst at others its inner side falls perpendicularly.\n\nL\n\nThe height of the plain varies also a great deal, for at some places the besieged can be hidden entirely beyond the upper part of the wall, while in others they are half seen from the outside. Inside the citadel are the houses of the Governor and other high officials.\n\nThe citadel is girt at about a distance of 25 feet with a deep ditch, containing water, of an average width of 60 feet. Five gates give access to the citadel, one in the middle of each side, with the exception of the south side, which has two openings cut through the walls near the corner bastions; they may be called the south-eastern and south-western gate. The doorways are about 15 feet wide and are closed in with strong wooden gates. Above every gate stands a tower or guard-house.\n\nIn front of each gate is a redan, that is, two walls a little lower than the city ones, the faces meeting at an angle turned towards the country. These redans are also encircled with ditches which run into the moat of the fort, a gate connected by a bridge with the city or the fields adjoining is opened through the right face of each redan. Inside the redans small houses and barracks are inhabited by soldiers, and from the middle of the \"gorge\" of the redans strong three-arched bridges allow a passage across the moat to reach the gates in the main ramparts. It is the work of French Engineers employed by Gialong, the King of Annam, after his conquest of Tonquin in 1802.\n\nIn the interior of the citadel, besides the Government buildings and some\n\n[608]\n\nterre plain\n\n11", "txt_file_path": "txt/2diw2n4r2/CO129-176 - Public Offices & Others - 1876.txt", "external_url": "", "rank": 0 }, { "id": 299395, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-176 - Public Offices & Others - 1876", "page_number": 234, "title": "CO129-176 - Public Offices & Others - 1876", "content_text": "6\n\nbarracks, there are but few houses, and in the centre is a very peculiar tower on a raised base some 20 feet high, and on the top of the tower the national flag is hoisted.\n\nThe town of Hanoi is situated between the citadel and the river, and extending beyond the former in a westerly direction. The streets are wide and the houses good, and well built of brick in some of the principal streets, but there are numerous ones where the shops are merely mat erections in the usual Tonkinese style; with one exception—the main street from the river where the Chinese live—the streets are unpaved, and in wet weather almost impassable from the depth of the mud; but as shoes are an exception with the Annamites, this drawback to European comfort does not affect them. The sedan-chair of China, so convenient for locomotion, is unknown, the high authorities and those who can afford it being carried in a hammock of silk or hemp network suspended on a pole supported on the shoulders of two or four bearers, and enclosed in silk or cotton curtains. There is a great deal of stir and movement in the streets; the shops are well stocked with articles of native workmanship, especially bamboo work in all its varieties, silk and cotton piece goods, paper, pewter, and glass ware, boxes, drums of all sizes richly painted, lacquered and gilt, and coarse crockery and china ware. Fowls, ducks, geese, oxen, and pigs, are both plentiful and cheap, with abundance of fruit, bananas and vegetables, and fish. Rice is the staple food of the people, who look well-fed and healthy, and have a fair amount of muscular development. The women, however, appear to be the dominant class, for they work like the men as coolies and labourers, and preside in the shops. They are generally good-looking, carry themselves gracefully, and but for the practice of blacking their teeth, many might be called handsome.\n\nThe Tonquinese are evidently of the type of race which may be called \"transitional,\" beginning in India, of which Burmah and Siam are offshoots; changing in the Malay peninsula and Annam, and again in the southern borders of China, and so with China proper, where it ends in the Mongol feature. The gradations are strongly marked and can be easily traced.\n\nIn manner the Tonquinese and Annamites are quiet and, owing probably to the arbitrary Government they are under, subdued and indolent. The population of Hanoi, the capital, is estimated at from 150,000 to 200,000 Tonquinese, and about 3,000 Chinese. The French speak of the rule of the Annamite Government as oppressive and arbitrary in the extreme, and that the Tonquinese would gladly throw it off if possible. It may be and probably is so, being the case generally with all independent Asiatic Governments, but as a strong feeling against the Government exists among the French officials in Tonquin, such an assertion must be accepted with reserve. Undoubtedly a feeling of great disappointment exists at the sudden and complete reversal of the policy of Lieutenant Français Garnier, which I will refer to more fully hereafter, and the surrender to the Annamite Government of what may be termed his territorial conquests in Tonquin. Indeed, the present obstructive attitude of the Court of Hué is attributed to this cause, but not justly so,\n\nit is not to be expected that an independent but weak Government can look with equanimity upon the capture of their territory by a surprise, or accept the dictum of the captors that it is for their good and that of their people to preserve an armed neutrality and open the country to foreign trade under French supervision. However this may be viewed from a Western stand-point, certainly it finds no favour in the East, where the acts of the so-called civilized Powers are stripped of their garnish and reduced to the simple proportions of right or wrong, and if the latter, never forgotten or forgiven. Time and the passing away of generations may somewhat render the past into oblivion, but until that, to think what is gained by the sword can be held by the hand, is a mistake which the French are now seeing, and are chafing under the discovery.\n\nI have, I fear, dwelt too long on this subject, but it is one which so nearly affects the position of the French in Tonquin, that I may be pardoned in having been a little diffuse; but I will now proceed to give a brief resume of the political history of the Annamite and Tonquin Kingdoms, and the events which led to the occupation of the former by the French.\n\nTonquin is divided into thirteen prefectures or tsan; Thauh-noi, Thanh-ngoai, Hung-hoa, Nam thoung, Nam ha, Haidong, Kinh bae, Sontai, Caobang, Lang bac or Lang-von, Thai nguyen, Tuyen quang, Quang-yen.\n\nBoth Tonquin and Annam have, from almost time immemorial, been the scene of rebellions, civil wars, and bloodshed. Passing over the rather obscure history of these events, it will be sufficient to date from the year 1740–1786.\n\nAt that date Canhung was King of Tonquin, or Ngan-nan as it was called,\n\n1\n\n7\n\nand Hien Vuong was King of Cochin China, or Annam, but was so disliked by his subjects, that the influential family of Tayson revolted and killed him. He left a nephew, Nguyên Auh, who fled to Saigon on the death of his uncle. The heads of the family of Tayson consisted of three brothers: the eldest, Yin-yae, was a wealthy merchant; the second, Long-niang, was a General Officer of high rank; and the third was a priest.\n\nCochin was then divided into three parts: the north had been conquered by the Tonquinese; Hué was occupied by the second brother, Long-niang; and lower Cochin was governed by Yin-yae; whilst the third brother was religious chief of the whole Empire.\n\nNguyên-Auh, the nephew of Hien Vuong, who had fled to Saigon, determined to recover his kingdom from the three brothers of the Tayson family. At the time when Hien Vuong was killed there was a Catholic Bishop named Pigneaux de Béhaine, called Adran after his see, and he it was who saved the nephew Nguyên-Auh, and took him to Saigon, and henceforth devoted himself to replacing him on the Tonquinese throne.\n\nLong-niang, the second brother, then attacked the Tonquinese, and after expelling them from North Cochin, entered Tonquin in 1786, obliging Chin-long, the then King, to fly into China, where he ended his life at Peking, in exile.\n\nBishop Adran then took the eldest son of Nguyên-Auh with him to Paris, to obtain assistance from Louis XVI of France, and a Treaty of Alliance was signed on the 28th November, 1787, and Bishop Adran returned.\n\nIn 1791 Long-niang died, leaving a son twelve years old; and Nguyên-Auh, with the help of some French officers, brought from Europe by Bishop Adran, captured Yin-yae's fleet in 1793. In the same year Yin-yae died, and was succeeded by his son. Nguyên-Auh attacked and defeated the latter in 1796, and conquered what territory remained under the government of the son of Long-niang, and thus Cochin (Annam) was once more in possession of its lawful sovereign.\n\nThe conquest of Cochin being finished in 1811, Nguyên-Auh then turned his attention to Tonquin, the then King of which, Cauh-thiuh, the son of Quan-hung, he defeated in 1802, and being then sole sovereign of Annam, he assumed the title of Hwang-te, and the surname of Gia-long, by which he is best known, and since then Tonquin has been a province of the Annamite kingdom.\n\nIt may be observed that as far back as 1541 the Li family, the founder of the second dynasty, of which was Li-ki-mao or Li-by, were the recognized heirs to the throne of Tonquin, and although they were displaced by usurpers, they are still considered so, and some of its representatives are said to exist.\n\nSince the death of Gialong three monarchs have reigned in Cochin (Annam)—Minh Mang, 1820-1841; Thieu-tri, 1841-1847; and Tu-Duc, the present King; but although they owe their kingdom to the exertions of Bishop Adran, they have unremittingly persecuted Christians, For instance, Father Fernandez was beheaded on the 24th July, Bishop Henaris on the 25th June, and Bishop Delgado died in prison on 12th July, 1838. Finally, in consequence of the execution of Bishop José Maria Diaz, on the 20th July, 1857, and for other outrages, war broke out between Annam, Spain, and France, and this was followed by the victories of Admirals Rigault de Genouilly at Turon, on the 1st September, 1858; and Saigon, on the 17th February, 1859; Chasner at Kihoa, on the 25th February, 1861; Page at Mytho, on the 12th April, 1861; and Bonard at Bien-hoa, on the 9th December, 1861; ending with the Treaty of Saigon, of the 5th of June, 1862, by which the Provinces of Gia-dinh (Saigon), Dinh-tuong (Mytho), and Bien-hoa and the Island of Poulo Condor, in Lower Cochin, were ceded to France, and to these, on the grounds of intrigues and bad faith on the part of the Annamite Government, Vice-Admiral de la Grandière in June 1867 annexed the three western Provinces of Vinh-long, Chaudoc,\n\nand Hatien.\n\nI have thus as briefly as possible endeavoured to show how Tonquin became annexed to Annam, and Saigon came into possession of the French, and I will now proceed to give a résumé of the events which led to French occupation of Lower Tonquin.\n\nThe principal river in Tonquin, called the Ho-ti-kiang, but better known now as the Hung Keang in Chinese, and the Song Koi, or Red River, in Annamese, has its rise in Thibet, and is navigable from Manhao, the last city in the Chinese Province of Yunnan, and so down to the sea, a distance of 414 miles. Manhao is the entrepôt where goods are shipped to and from Tonquin and Annam, the mart being a more northern city, called Mongtsze, situated also on the banks of Song Koi, or Red\n\n229", "txt_file_path": "txt/2diw2n4r2/CO129-176 - Public Offices & Others - 1876.txt", "external_url": "", "rank": 0 }, { "id": 299401, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-176 - Public Offices & Others - 1876", "page_number": 240, "title": "CO129-176 - Public Offices & Others - 1876", "content_text": "18\n\nRelevé des principales Marchandises importées et exportées par le Port d'Haiphong\n\nBaquettes pour cérémonies religieuses.\n\nCoton filé.\n\n(Tonkin).\n\nIMPORTATION.\n\nPapier.\n\nChaussures.\n\nFer, blanc.\n\nFaience, Chinoise.\n\nMarmittes.\n\nMiroirs.\n\nNacre.\n\nPommes de terre.\n\nPlantes médecinales.\n\nPoivre.\n\nPétrole.\n\nQuincaillerie.\n\nTeinture.\n\nThé.\n\nVins et liqueurs divers.\n\nOpium.\n\nEXPORTATION.\n\nBoules de Nau.\n\nOs de bœuf.\n\nChampignons, secs.\n\nCoton égrené.\n\nEtain.\n\nEventails.\n\nFécule de riz.\n\nLaque, en batons.\n\nMédecines (plantes).\n\nOs de buffles.\n\nRotius.\n\nSoie grége. Tissus de soie. Teinture.\n\nVernis à laquer.\n\nReturn of Exports from the 15th September, 1875, to the 12th April, 1876.\n\nTin.\n\nAniseed oil.\n\nMussels.\n\nMushrooms.\n\nSilk stuffs.\n\nRaw silk.\n\nMuscard nuts.\n\nSticklac.\n\nPaint.\n\nLacquer varnish.\n\nGrains of paradise. Vermicelli,\n\nRaw cotton.\n\nCotton stuffs.\n\nPaper fans.\n\nMedicines.\n\nLacquered and varnished boxes.\n\nPeacock-skins.\n\nPeacock-tails.\n\nEmbroidered cloths.\n\nEXPORTS.\n\nFish maws.\n\nBark for clarifying oil. Inlaid work.\n\nKattans and bamboos.\n\nRattans for chairs.\n\nBuffalo and ox bones.\n\nDitto hides.\n\nDitto horns.\n\nDeer horns.\n\nWooden pipes. Bulb powder.\n\nYunnan tea. Annamite tea.\n\nBlue bird skins.\n\nSmall blue bird plumes.\n\nSilk hat strings.\n\nOx shoes.\n\nBlack cover for coffins.\n\nDried crawfish or prawns. Annamese paper.\n\n19\n\nInclosure 3.\n\nLieutenant Garnier's first Proclamation, dated November 5, 1873.\n\nLE Représentant du noble Royaume de France, Garnier, fait savoir à tous les habitants les Mandarins du noble Royaume Annamite, étant venus à Saigon demander assistance, l'Amiral nous a envoyés au Tongking pour voir comment les choses s'y passaient. De plus ici, au Tongking, les côtes sont désolées par de nombreux pirates qui font beaucoup de ravages, nous avons l'intention de pourchasser ces bandits afin que tous les habitants de ces lieux puissent en paix vaguer à leurs affaires.\n\nQuant à nos soldats, si quelqu'un d'entre eux commet quelque acte repréhensible, que l'on vient porter plainte, et nous ne manquerons pas de faire justice.\n\nEn\n\nTout peuple se laisse facilement entrainer par les exemples de vertu, pour nous en parlant au peuple, nous n'avons en vue que la vertu. Populations du Tongking il faut bien vous convaincre d'une chose, c'est que les Mandarins et soldats Français sont unis avec les Mandarins et soldats Annamites comme des frères entre eux. conséquence nous désirons procurer au Tongking la facilité de faire le commerce et par là lui apporter la richesse et la paix. Telles sont nos intentions; nous les faisons connaître à vous tous Mandarins, soldats, et populations de Tongking.\n\nInclosure 4.\n\nLieutenant Garnier's second Proclamation, dated November 19, 1873.\n\n[THIS was to make known the conditions of the intended Treaty of Commerce under French protection, but I have no copy of it.\n\nB. ROBERTSON.]\n\n(Signed)\n\n30 baskets vermicelli,\n\n41\n\n54\n\nox horns.\n\nIMPORTS.\n\nCotton yarn, English.\n\nEXPORTS, PER \"NORNA.\"\n\n1 case native cotton goods. 30 live pigs.\n\nReturn of the principal Merchandize imported and exported of Haiphong.\n\nTrinkets for religious ceremonies.\n\nCotton yarn.\n\nBoots and shoes.\n\nTinned iron.\n\nChinese crockery.\n\nPots and pans. Mirrors.\n\nMother-of-pearl.\n\nOpium.\n\nDried mushrooms.\n\nBalls of Nau.\n\nRaw cotton.\n\nTin.\n\nFans.\n\nVermicelli.\n\nStick-lac. Medicinal plants.\n\nIMPORTS.\n\nEXPORTS.\n\nPaper.\n\nPotatoes.\n\nMedicinal plants.\n\nPepper.\n\nPetroleum.\n\nTin-ware.\n\nPaints (dyes). Tea.\n\nWines and liquors.\n\nOx bones.\n\nBuffalo bones,\n\nRattans.\n\nRaw silk.\n\nSilk stuffs.\n\nPaints (dyes).\n\nLacquer varnish.\n\nInclosure 5.\n\nLieutenant Garnier's third Proclamation, after the Capture of Hanoi, dated the 20th or 21st November, 1873.\n\nLE Représentant du noble Royaume de France, commandant l'expédition, le grand Mandarin Garnier, fait savoir à tous les habitants que, envoyé a Tongking par l'Amiral, pour ouvrir une vole au commerce, dans l'intérêt et pour la richesse des habitants de ce pays, nous n'avions nullement l'intention de nous emparer du pays et de le soumettre notre domination, ce qui ferait peser de graves soupçons sur nous, mais les Mandarins de Hanoi, sans nul souci de l'intérêt des populations, n'ayant cessé de nous tendre des embûches et des piéges et ayant agi à notre égard avec déloyauté sur une foule de points, nous n'avons pu tolerer plus longtemps leur conduite; après mur examen et après avoir épuissé tous les autres moyens, nous nous sommes done emparés de la citadelle et en avons chassés tous les Mandarins qui n'ont aucun amour du peuple et n'ont d'autres soucis que de s'emparer de ses biens en le saignant jusqu'à la moelle des os; le châtiment que nous leur avons infligé est encore bien au-dessous de leurs crimes. Nous sommes done venus par ordre de l'Amiral, pour vous tirer de l'état d'isolement où vous végétiez; nous n'avons pas l'intention de changer vos usages ou de nous emparer de vos biens, nous vous considérons comme des frères, et nous appliquerons toutes nos forces à faire votre bonheur.\n\nPour ce qui concerne les commerçants, soit dans l'intérieur du royaume, soit à l'étranger, ils pourront être tranquilles et n'auront plus à craindre d'être molestés, car il y aura un Traité de Paix qui nous engagera réciproquement. En disposant les choses de la sorte nous avons en vue vos intérêts, car jusqu'ici vous étiez asservis sous un joug tyrannique, et nous vous en avons délivrés.\n\nMaintenant que les gens capables de gouverner le peuple viennent nous offrir leurs services et nous les accepterons et leur donnerons des postes à occuper. Pour la manière de gouverner, nous la réglerons de concert; de pareilles fonctions sont importantes, mais faciles à remplir, alors la paix la plus parfaite règnera parmi vous.\n\nNous laisserons en place tous les mandarins des Sous-Préfectures phu] et des Baillages [huyen] qui nous feront leur soumission. Pour ceux qui ne voudraient pas\n\n235\n\nPage 240\n\nPage 241", "txt_file_path": "txt/2diw2n4r2/CO129-176 - Public Offices & Others - 1876.txt", "external_url": "", "rank": 0 }, { "id": 301827, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-180 - Public Offices & Others - 1877", "page_number": 441, "title": "CO129-180 - Public Offices & Others - 1877", "content_text": "4 \n\nmention, were published at the sole expense of the Honourable East-India Company, which thus contributed about £15,000 to the infant cause of Chinese philology.\n\nDr. Morrison being in England in 1825, the introduction of the study of Chinese into one or both of the Universities of Oxford and Cambridge, was agitated by him in connexion with a Committee in London, of which the late Sir George Staunton and Sir Robert Harry Inglis were members. From causes with which I am not acquainted, this earliest attempt to have the claims of Chinese recognized in this country failed. It led, however, to the formation of a Language Institution in London, where Dr. Morrison taught Chinese for several months to a class of thirteen students; but this came to a close in 1828. He had returned to China, and the study of Chinese in England lay dormant till after his death in 1834. A committee of gentlemen then purchased his Chinese library, and in 1838 they made it over to the London University College, on condition that the Council should constitute a professorship of the Chinese Language and Literature, to be continued for at least five years at a salary of £60 per annum. This was the Chair that was filled by the Rev. Samuel Kidd, who was well qualified for the position. He retired from it in 1842, and it was not occupied by any other till 1873. The want of students has necessitated its being left vacant again.\n\nIn 1846, another Chinese Chair was founded in London, at King's College; and though also too slenderly endowed, it has been filled continuously by Mr. Fearon, Rev. J. Summers, and Mr. Robert K. Douglas, its present very able occupant. I am sorry to say that the resort of students to it has been small.\n\n432 \n\nEven if Dr. Morrison and his friends had obtained the establishment of a Chair in Oxford or Cambridge in 1825, England would have been forestalled by France in the encouragement of Chinese studies. Two things led to their assiduous cultivation there: first, the interest taken by the rulers of France in the progress of Roman Catholic missions in China; and next, the genius and inquiring spirit of French scholars. For more than a century, the missionaries had transmitted in manuscript to the College of France the most important results of their studies and by the help of these Etienne Fourmont produced, in 1737, his Meditationes Sinicae, and five years later his Grammatica Sinica,—Works which gave the first impulse to the study of Chinese in Europe. Early in the present century, the language attracted the attention of Jean Pierre Abel Rémusat; and in 1814 a Chinese professorship was constituted and conferred on him,—of all men then in Europe, out of Russia, the best qualified for such a Chair. On his death in 1832, Rémusat was succeeded by the late Stanislas Julien, who had commenced the study of Chinese under him in 1823, and soon vindicated for himself a foremost place among Sinologists. This Chair is now filled by the Marquis d'Hervey de St. Denys, one of Julien's pupils. But in addition to it there is in Paris, L'Ecole Speciale des Langues Orientales Vivantes, the teaching in which embraces Chinese, Japanese, Annamese, Hindustani, Persian, Turkish, and other eastern languages. Each department is conducted by a French", "txt_file_path": "txt/2diw2n4r2/CO129-180 - Public Offices & Others - 1877.txt", "external_url": "", "rank": 0 }, { "id": 310078, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-195 - Governor Hennessy - 1881 [1-4]", "page_number": 204, "title": "CO129-195 - Governor Hennessy - 1881 [1-4]", "content_text": "DESPATCH.\n\na copy of a further : Despatch from the Acting Governor of Hong Kong with supernumerary Colonel Crosofman's letter on the subject of the Defences of that Colony.\n\nJan 2. Jam scernor. No. addy Coull Date. 1881 Confe 17 Od ad previous Paper. Copy 1.0. cf. a. C. 6 Dec. L.Z. copo.a.§.. 17127820 78-H&S 1030) No. chong trong 20398 Education (Subject.) C.0. 20 398 RECP - REG? 21 NOVAL 203 Students of annamite letter from transmit copy of annamese official with remarks Mr. Ready (Minutes.)\n\nWe should perhaps express our opinion of what Mr. Jonathan has done with these Annamese students; he seems to have done the right thing and... 24/11 them\n\nI think it would have been better for them to have had a little more practical training for a little longer time, and not a little old-fashioned preparation school?\n\nThe Deputy assumes &c...\n\nAnt of protestovate...\n\n \n\nThe original response has been formatted into HTML using `` tags for paragraphs. However, upon closer inspection, it appears that the text is a jumbled mix of OCR output from different documents, likely due to column recognition issues or misfed pages during scanning. To properly address the task, a more detailed reorganization might be necessary, potentially involving the reordering of text blocks to reconstruct the original document flow or table structures. Nevertheless, the provided response adheres to the specified output format using HTML.\n\nTo further improve, consider the following steps:\n1. Re-examine the original text for identifiable sections or headers that can guide the reorganization.\n2. Reorder the text to reflect the logical flow or structure of the original documents.\n3. Identify and correct spelling errors, fix spacing issues, and rejoin broken sentences as per the guidelines.\n4. Ensure that file references are formatted correctly without spaces inside parentheses.\n5. Preserve page numbering lines as per the original scan.\n\nGiven the complexity and the mixed content of the input text, a more detailed analysis and manual intervention might be required to perfectly adhere to all the rules and achieve a highly accurate output.", "txt_file_path": "txt/2diw2n4r2/CO129-195 - Governor Hennessy - 1881 [1-4].txt", "external_url": "", "rank": 0 }, { "id": 310081, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-195 - Governor Hennessy - 1881 [1-4]", "page_number": 207, "title": "CO129-195 - Governor Hennessy - 1881 [1-4]", "content_text": "206\n\nBoard of Rites in the Kingdom of Annam, \n\nwith the fact that twelve Annamese Youths have been \n\nsent to Hong Kong in order to study the \n\nEnglish language under a Chinese \n\nschoolmaster named Shek Ising Triin. \n\nAn Annamese official \n\nwas sent in charge of the students and placed them under their teacher some days ago \n\n3.\n\nThis morning, however, I have been informed by the Inspector \n\nof Schools that he has received a visit from this Annamese official who has expressed himself dissatisfied with the teaching which the students are receiving \n\nat the hands of their Chinese Master and has asked permission to transfer them to one of the Government Schools, where he expects that they \n\nwill make more rapid progress.\n\n4.\n\nAs the young men range in age from 18 to 26 years and do not understand a word of English, the Inspector of Schools, whom I have asked to give the Annamese Official assistance, considers it inexpedient for them to enter the Central School at once, \n\nbut would rather recommend them being placed in a Government Preparatory School where they can receive more individual attention.\n\n5.\n\nHowever, as Annamese...", "txt_file_path": "txt/2diw2n4r2/CO129-195 - Governor Hennessy - 1881 [1-4].txt", "external_url": "", "rank": 0 }, { "id": 310082, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-195 - Governor Hennessy - 1881 [1-4]", "page_number": 208, "title": "CO129-195 - Governor Hennessy - 1881 [1-4]", "content_text": "207\n\n&\n\nOfficials for the most part look upon advice gratefully as proceeding from interested motives, Dr. Eitel has wisely offered to take the official to both schools and let him judge for himself which he would wish the students to attend.\n\n6.\n\nIt is interesting to observe by the steps which they have now taken and by their frequent visits to this Colony for trade and other purposes the importance which the Annamese Officials attach to friendship and intercourse with the British, and I am of opinion from frequent conversation with Annamese Officials that were it not for the oversuspiciousness of their nature, their Government would long ago have sought the protection of Great Britain for their Kingdom and I believe would even do so now were they not restrained by influences in another direction.\n\nI have the honour to be,\n\nMy Lord, Your Lordship's Most Obedient Humble servant,\n\nAdministrator.", "txt_file_path": "txt/2diw2n4r2/CO129-195 - Governor Hennessy - 1881 [1-4].txt", "external_url": "", "rank": 0 }, { "id": 317875, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-202 - Acting Governor Marsh - 1882 [7-9]", "page_number": 126, "title": "CO129-202 - Acting Governor Marsh - 1882 [7-9]", "content_text": "## 3. Of the arrivals in 1881, the percentage due to each Nationality is as follows:\n\n| Nationality | Percentage of vessels | Percentage of tons |\n| --- | --- | --- |\n| American | 3.82 | 4.58 |\n| British | 71.74 | 79.75 |\n| Chinese (exclusive of Junks) | 4.41 | 4.06 |\n| Danish | 1.83 | 1.38 |\n| French | 3.20 | 5.78 |\n| German | 10.95 | 7.29 |\n| Japanese | 0.81 | 1.01 |\n| Siamese | 0.65 | 0.36 |\n| Spanish | 1.18 | 0.48 |\n| The remainder | 1.86 | 1.28 |\n\n4. 2,750 vessels propelled by Steam, and 2,599,460 tons arrived in 1881, as against 2,465 steam vessels and 2,316,121 tons arrived in 1880, or an increase of 285 vessels and 283,339 tons. The following table will show the Nationality of the steam vessels arrived in each year:\n\n| Nationality | No. of vessels | Tons | No. of vessels | Tons | No. of vessels | Tons | No. of vessels | Tons |\n| --- | --- | --- | --- | --- | --- | --- | --- | --- |\n| | 1880 | 1880 | 1881 | 1881 | Increase | Increase | Decrease | Decrease |\n| American | 64 | 53,850 | 41 | 48,439 | | | 23 | 5,211 |\n| Annamese | | | 2 | | 2 | | | |\n| Austrian | 2 | | 10 | 14,465 | 8 | 14,465 | | |\n| Belgian | | | 1 | 1,126 | 1 | 1,126 | | |\n| British | 1,946 | 1,821,705 | 2,184 | 2,033,986 | 218 | 212,281 | | |\n| Chinese (foreign bottoms) | 154 | 125,869 | 142 | 115,926 | | | 12 | 9,943 |\n| Danish | 18 | 5,950 | 50 | 36,392 | 32 | 30,442 | | |\n| Dutch | | | | | | | | |\n| French | 81 | 153,511 | 80 | 155,897 | | | 1 | 2,386 |\n| German | 115 | 90,657 | 178 | 135,449 | 63 | 44,792 | | |\n| Japanese | 27 | 25,635 | 26 | 28,869 | | | 1 | 3,234 |\n| Norwegian | | | 2 | 1,810 | 2 | 1,810 | | |\n| Russian | | | 2 | 2,274 | 2 | 2,274 | | |\n| Spanish | 50 | 18,565 | 37 | 7,585 | | | 13 | 10,980 |\n\n## EMIGRATION\n\n8. Emigration during the year has been largely on the increase, 20,300 Chinese having left this Port in 1881 in excess of the number leaving Hongkong the previous year.\n\nIt is a strange commentary on the recent Convention, entered into between the United States of America and China for the purpose of checking emigration, to find that 14,127 more Chinese have been introduced into those States than landed there in 1880, and Chinese are still going over in large numbers, for the purpose of constructing new Railroads. The Chinese on arrival get high wages and the protection of the law, and their condition in America is far superior to what they experience in their native country.\n\n9. The Australian Governments have adopted a more practical means of putting a stop to the Immigration of Chinese into those Colonies, by laws which in their effect almost completely prohibit a Chinaman from seeking his living on that Continent. How far this prohibition is in accordance with the existing Treaties with China, and the expediency of shutting out the most sober and industrious race in the world from a Continent wanting labourers, are not matters for discussion in this report.\n\n10. The Northern Territory of South Australia still admits Chinese, but the inducement to go there does not seem to be very encouraging, as only 172 left for Port Darwin in 1881, while 2,268 left for that Port in 1880.\n\nThere is a large and increasing emigration to the Straits Settlements, there being an excess of 5,400 over the number leaving Hongkong the previous year. Employment is found for them, not alone in the Straits Settlements, but in the Malay States, and in the neighbouring Island of Sumatra.\n\n11. The following tables will show the number of emigrants that have passed through this Office between the years 1872 and 1881, inclusive, together with the Countries to which they proceeded; also the number of Chinese returned to the Colony during the same period:\n\n| COUNTRIES PROCEEDED TO | 1872 | 1873 | 1874 | 1875 | 1876 | 1877 | 1878 | 1879 | 1880 | 1881 | TOTAL |\n| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |\n| British Columbia | 506 | | | | | | | | | | 506 |\n| British Guiana | 10 | | | | | | | | | | 10 |\n| Calcutta | 13 | | | | | | | | | | 13 |\n| California, U.S.A. | 5,193 | 6,340 | 9,562 | 9,147 | 16,640 | 15,988 | 19,168 | 14,034 | 7,939 | | 103,011 |\n| New South Wales | 178 | 560 | 766 | | 2,447 | | | | | | 3,951 |\n| New Zealand | 1,215 | 545 | 2,658 | | | | | | | | 4,418 |\n| Oregon, U.S.A. | 952 | 994 | 2,447 | | | | | | | | 4,393 |\n| Philippine Islands | 220 | | | | | | | | | | 220 |\n| Queensland | 111 | 786 | 344 | 1,044 | 2,387 | | | | | | 4,672 |\n| Sandwich Islands | | 261 | 775 | 312 | 3,142 | 478 | 48 | 121 | 580 | | 5,717 |\n| Siam | | | | | | | | | | | |\n| South Australia | 1,083 | 1,284 | 2,714 | 774 | 582 | 8,618 | 6,782 | 6,530 | 1,118 | 1,102 | 30,587 |\n| Straits Settlements | 3,200 | 4,259 | 6,811 | 793 | 6,936 | 19,839 | | | | | 41,838 |\n| Sumatra | 4,374 | 6,305 | 6,635 | | | | | | | | 17,314 |\n| Vancouver's Island | 1,771 | 2,268 | 172 | 6,120 | 5,400 | | | | | | 15,731 |\n| Victoria | 2,638 | 1,764 | 2,208 | 1,021 | 2,044 | 12,369 | | | | | 22,044 |\n| West Indies | 277 | 235 | 216 | 11,557 | 64 | 81 | 84 | 86 | | | 12,600 |\n| TOTAL | 22,443 | 28,768 | 31,866 | 48,152 | 46,350 | 39,741 | 38,653 | 39,529 | 50,324 | 70,825 | 410,461 |\n\n| COUNTRIES ARRIVED FROM | 1872 | 1873 | 1874 | 1876 | 1876 | 1877 | 1879 | 1879 | 1880 | 1881 | TOTAL |\n| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |\n| California, U.A.S. | 3,721 | 5,724 | 7,454 | 5,503 | 6,871 | 7,130 | 6,011 | 6,800 | 7,135 | 7,939 | 64,388 |\n| Cuba | | | | | | | | | 58 | | 58 |\n| New South Wales | 404 | 557 | 371 | 673 | 190 | 385 | 297 | 903 | | | 3,780 |\n| New Zealand | 190 | 284 | 322 | 233 | 136 | 145 | 60 | | | | 1,370 |\n| Oregon, U.S.A. | 538 | 231 | 469 | 304 | 834 | 330 | 858 | 514 | 330 | 1,717 | 6,125 |\n| Peru | | | | | | | | | | | |\n| Philippine Islands | 3,236 | 3,438 | 3,694 | | | | | | | | 10,368 |\n| Queensland | 4,811 | 4,960 | 1,292 | 4,437 | 5,173 | 2,346 | 2,667 | 2,458 | | | 28,144 |\n| Sandwich Islands | 719 | 968 | 1,244 | 30 | 1,840 | 111 | 4,037 | 795 | 101 | 107 | 9,952 |\n| Siam | | | | | | | | | 497 | | 497 |\n| South Australia | 97,958 | 688 | 10,996 | 14,547 | 18,462 | 10,117 | 23,386 | 25,972 | 30,088 | 29,775 | 259,963 |\n| Straits Settlements | 202 | 46 | 127 | 345 | 405 | 209 | 314 | 2,824 | 609 | 117 | 5,198 |\n| Victoria | 1,151 | 3,149 | 448 | 322 | 155 | 203 | 142 | 156 | 661 | 265 | 6,650 |\n| ... | | | | | | | | | | | |\n| TOTAL | 23,773 | 25,355 | 32,319 | 38,502 | 42,390 | 48,746 | 47,882 | 50,542 | 51,011 | 52,988 | 413,503 |\n\n5. The trade in sailing vessels (exclusive of Junks) has also increased, there having been 464 vessels and 253,819 tons arrived in 1881, as against 416 vessels and 219,466 tons arrived in 1880. Of this increase 15 vessels and 13,697 tons were under the British flag, and 33 vessels with 20,656 tons were under the flags of Nations not British.\n\n6. There is an increase of 17,488 tons from the Australian Colonies, and there is a small decrease of tonnage to those Colonies. The excess of arrivals over departures is caused by vessels carrying Cargo from England to Australia, loading there with Coals for China, and returning to England with Chinese and Japanese produce. There is an increase (including Junks) of 190,351 tons from, and an increase of 161,178 tons to the Coast of China and Formosa. There is an increase of 44,945 tons from, and of 9,505 tons direct to Great Britain, but the actual tonnage to and from Great Britain cannot be ascertained, as the greater number of vessels proceeding there clear for, and enter here from Singapore, and in the absence of an Export and Import office it is impossible to distinguish between what tonnage is for, or what is from Great Britain, and what is for, or from the intermediate Ports. There is a decrease of 9,568 tons from Ports in Japan, and an increase of 21,773 tons to those Ports. There is a steady and increasing trade in European vessels and Junks between Hongkong, the Island of Hainan, and Ports in the Gulf of Tonquin, an increase of 15,322 tons having arrived from, and of 19,441 tons having cleared to those places.\n\nCaptains NAPIER and CARPENTER, R.N., in H. M. S. Magpie having completed their survey of the Coast of Hainan, and the Gulf of Tonquin, masters of vessels will find the navigation of the waters about the dangerous Sandbanks which almost block the approaches to Hainan, much facilitated, and Shipmasters cannot be too grateful to the Captains and Officers of the Magpie for their valuable and laborious services.\n\nSiam shows an increase of 18,770 tons from, and of 12,185 tons to that Country. An increase of the trade between the Colony and the United States of America is also observable, 18,454 more tons having arrived from, and 8,915 more tons having cleared for those States than was the case in 1880.\n\n## JUNK TRADE\n\n7. 24,339 Junks and 1,680,025 tons arrived in the Colony in 1881, as against 23,920 Junks and 1,650,258 tons arrived in 1880, shewing an increase of 419 Junks and 29,767 tons. There is an increase of 46,436 tons in the trade with the Coast of China and Formosa, and a decrease of 16,669 tons with Macao.", "txt_file_path": "txt/2diw2n4r2/CO129-202 - Acting Governor Marsh - 1882 [7-9].txt", "external_url": "", "rank": 0 }, { "id": 319670, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-205 - Public Offices - 1882", "page_number": 225, "title": "CO129-205 - Public Offices - 1882", "content_text": "that His Lordship considers that it would be desirable to await the arrival of the promised report on the case of the two Chinese fugitives detained at Hong Kong who are accused of piracy, before taking any further action in the matter.\n\nYour I am, Sir, most obedient, humble Servant\n\nadice or Individual.\n\nreign Off\nDate. 1882. May 26.\n\nLast previous Paper. Encres Hennessy Consen 20 tu 226 June\n\nOur on H\nFO `3759`\nFr. `282-H&S 1750`\n`19011`\nNo. No `9377`\n\n(Subject.) **The French Expedition to Haiphong in Annam.**\n**DOMESTIC.**\n\nC O. `221 9377`\nRECP\nREGO 27 MAY 2\n\nDemands & Communications from the Acting B. Consul at Pakhoi, respecting-\n\nM. Meade,\n\n(Minutes.)\n\nwe do not seem to have heard in the Office which shows the places mentioned edge as the F.O. minute observations were concerned might perhaps ask for a map & for any further information which they may receive from time to time? You may lead Ame little time go Hong Kong of the Annamere fring...", "txt_file_path": "txt/2diw2n4r2/CO129-205 - Public Offices - 1882.txt", "external_url": "", "rank": 0 }, { "id": 319695, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-205 - Public Offices - 1882", "page_number": 250, "title": "CO129-205 - Public Offices - 1882", "content_text": "## Extract from letter of H.M. Consul at Saigon dated March 29, 1882.\n\n\"I also beg to advise the departure of the Transport `Bac` on the 16th inst. for Tong-King, having on board 40 Annamese and 2013 French Soldiers, accompanied by the gunboat `Parseval`.\n\nIf this small force is, as I believe, for the purpose of occupying the new post `Passeval`, the presence of the `Passival` at her Station is intriguing. This may mean nothing; but, as I surmise, this is the first step, and the rest will follow naturally enough, at a more propitious season of the year.\"\n\nA letter to the Commander in Chief of the China Station relative to French proceedings in Tong-king.\n\nSir,\n\nYour most obedient humble servant,\nPauncefote.\n\nCopy `RECP`, `CO246/9769`, `REG 2 1 12`", "txt_file_path": "txt/2diw2n4r2/CO129-205 - Public Offices - 1882.txt", "external_url": "", "rank": 0 }, { "id": 320624, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "page_number": 3, "title": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "content_text": "# 45.\nDespatch Dak.\n\nSubject.\n6 Mar. Appt. of all! Travers to be Asst Post Master Gen!\n\n# 46.\n49.\n7\n\n# 53.\n10\n55.\n13\n56.\n14+\n57.\n58.\n59.\n63.\n67.\n68.\n**Conf.**\n69.\n70\n71\n72.\n\n15\n17\n19\n24\n26\n\n# \n# \n**Conf.** 126\ndo. Bowen.\n27\n1. 31\n2.\n\n# \n# \nOpium Farm.\n\n| Despatch Number | Subject |\n| --- | --- |\n| 46 | |\n| 49 | |\n| 53 | Grant in Aid of building of St. Joseph's College. |\n| 55 | Appt. of Mr Clerihew as Insp. of Nuisances. Ordinance 3 of 1883. |\n| 56 | Fire Brigade |\n| 57 | Grant of Land for Ladies Recreation Ground. Annamese coolies at Hong Kong. Toks of Council. |\n| 58 | Government Printing Establishment. |\n| 59 | Building Grant for St. Joseph's College. Revision of Colonial Civil List. Opium Revenue. |\n| 63 | Pension to Mr. Heaver, late Insp. of Nuisances. Ordinance 4 of 1883. |\n| 67 | Totes of Council, 1883. |\n| 68 | Ecclesiastical Grants. |\n| 69 | Merchant shipping convention between UK & USA |\n| 70 | Opium Revenue. |\n| 71 | Assumption of Government. |\n| 72 | Services of Mr. March whilst Administering Govt. |\n\n2 Jan.", "txt_file_path": "txt/2diw2n4r2/CO129-207 - Acting Governor Marsh - 1883 [1-3].txt", "external_url": "", "rank": 0 }, { "id": 321080, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "page_number": 459, "title": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "content_text": "recreation\n\n~found\n\nat the nominal\n\nrental of $\n\nlem\n\nau run\n\nIlan\n\n&\n\novernor.!\n\nNo.\n\nush FP\n\nDate.\n\nsóng trong\n\nNo. 911\n\n(Subject.)\n\nDESPATCH.\n\n691 RLOP Y\n\n456\n\nREG: 24 APR 83\n\n1883. Annamese Consulate at Hong Kong.\n\nauch 14.\n\nast previous Paper.\n\nAs to the\n\nJussaed\n\nestalitiolment of &\n\nencloses papers respecting.\n\n31 May.\n\nIII. 31.\n\n142\n\n7.0.\n\n8699\n\n07\n\nQur\n\n7.0. 8899\n\nInterste\n\nDec\n\n20\n\n(Minutes.)\n\n7180: 7242\n\ncoff 70. with enclomes in\n\nfor counderation. Three Papers Gud. Ag\n\nWe do not know here\n\nimpinel\n\n1\n\nwhe this\n\nthe 2O. ruznips the Durch Protectorate\n\ny\n\nAnnam\n\nof the Cowene is allowed.\n\nis will be difficult to refuse\n\nChima\n\no\n\nBord\n\nfor\n\nin duding this to the 20. Jumed semant that the his quations sem & have byther. bear the afraid of the Dench in Aumane they would gladly see this requests granted.\n\nMutta hu 215 D. 3.M\n\nChinese are\n\nMay 1", "txt_file_path": "txt/2diw2n4r2/CO129-207 - Acting Governor Marsh - 1883 [1-3].txt", "external_url": "", "rank": 0 }, { "id": 321082, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "page_number": 461, "title": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "content_text": "458\n\nin Annam relative to the proposed establishment of an Annamese Consulate at Hong Kong. It will be seen from one of the enclosures that the writer was recommended by me to address himself directly to Earl Granville, but he persists in requesting application.\n\n2. I think it right to transmit at the same time copies of a letter which I received in July last from the Acting French Consul in which it is asserted that the Annamese have no right to treat with Foreign powers except through the intermediacy of France, and of the reply which was sent. Copies of this correspondence were forwarded at the time to Sir Thomas Wade, Her Majesty's Minister at Peking.\n\nI have the honour to be, My Lord, Your Lordship's Most Obedient Humble Servant,\n\nAdministering the Government.\n\n133", "txt_file_path": "txt/2diw2n4r2/CO129-207 - Acting Governor Marsh - 1883 [1-3].txt", "external_url": "", "rank": 0 }, { "id": 321083, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "page_number": 462, "title": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "content_text": "Hong Kong\n\nNo 58\n\n14th March, 1883.\n\nOfficer Administering the Government William Henry Warth, Esq.\n\nTo\n\nThe Right Honourable The Earl of Derby\n\nAnnamese Consulate at Hong Kong-\n\nRelative to proposed establishment of-\n\nNo. 658 of 1885.\n\nRECD\n\nCo.\n\n691\n\nREC 24 APR 83,\n\nTo Superintendent of Mercantile Marine.\n\n(Copy)\n\nMercantile Marine.\n\nThe Foreign Office\n\n459\n\nThe Superintendent of the Mercantile Marine in Annam respectfully presents the following despatch to the Member of the Foreign Office in London.\n\nYour Colony of Hong Kong is a place of assembly for all foreign...\n\n2 Enclosures", "txt_file_path": "txt/2diw2n4r2/CO129-207 - Acting Governor Marsh - 1883 [1-3].txt", "external_url": "", "rank": 0 }, { "id": 321084, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "page_number": 463, "title": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "content_text": "the southern and the Eastern oceans,\n\nand possesses many shipping and!\n\nan abundant supply of commodities of all kinds. There are schools of sciences and learning, and nothing is wanting. It is really a place where the people of all countries should go to.. to the writer's country is contiguous to it, he has, on several occasions, deputed officers to go there to purchase goods and have steamers constructed. Of late, he has selected students to reside there for the purpose of studying, and he is very grateful for\n\nThe\n\n460\n\nfor the kind treatment they have received from the Governor. Recently some avaricious characters have been casting counterfeit Annamite coins with the object of importing them to Annam. Cases of this nature have been detected, and the writer is very grateful for the friendly manner in which the Police Magistrates have examined into and dealt with the cases. He has however received a despatch from Tri-Wai-kai one of the deputies of the Annamese Government in Nong-tương.", "txt_file_path": "txt/2diw2n4r2/CO129-207 - Acting Governor Marsh - 1883 [1-3].txt", "external_url": "", "rank": 0 }, { "id": 321085, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "page_number": 464, "title": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "content_text": "461\n\nHongkong to the effect that the Police magistrates had stated that it was for the Annamese government absolutely necessary, that a competent officer should be appointed to Hongkong who would be able to give such evidence as a consul to reside in Hong Kong to look after the country's mercantile transactions, and the students who are residing there, and when officers are enquiring into cases, it was necessary to facilitate enquiry and conviction in such cases.\n\nAs your government is ready to cooperate with the writer's Government in dealing with these cases, his Government keenly desires to appoint an officer to look after them. At present his Government should have an officer of the Annamese Government present who will be able to give the necessary evidence. The writer's government had long wished for such an appointment, but as you are far from this country, he has not had the opportunity of bringing the matter...", "txt_file_path": "txt/2diw2n4r2/CO129-207 - Acting Governor Marsh - 1883 [1-3].txt", "external_url": "", "rank": 0 }, { "id": 321086, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "page_number": 465, "title": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "content_text": "&\n\n462\n\nWalter to the notice of your Government.\n\nAs he had long wished, to do.\n\nOn the ... day ... Gu... GE moon this year the writer addressed a dispatch to His Excellency the Governor of Hong Kong, and shortly afterwards he received a reply from the Secretary, the Acting Colonial Secretary saying that he had been directed by His Excellency Administrator Marsh to acknowledge the receipt of the writer's despatch relative to the proposed establishment of an Annamese Consulate in Hong Kong, and to state to the writer that His Excellency the Governor would recommend him to address his application to the Foreign Office.\n\nThe writer is aware of the good faith of your Government in treating all alike without any distinction of race, but as this is a matter which concerns all countries, it is to be considered by your office. On receipt of this despatch the writer was much affected by it, and it is right that he should address an application to you, and has consequently written this application...\n\n172", "txt_file_path": "txt/2diw2n4r2/CO129-207 - Acting Governor Marsh - 1883 [1-3].txt", "external_url": "", "rank": 0 }, { "id": 321087, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "page_number": 466, "title": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "content_text": "The Acting Colonial Secretary of Hong Kong was requested to forward for your consideration and approval the proposed appointment of a consul of the Annamese Government in Hongkong. An early reply is earnestly requested.\n\nUsual Ending.\n\nYoz-Tan\n\nDated 6th day 12th moon 35th year Toz-tan\n\nQue Translations\n\nHo Juk\n\n13. 3.83.\n\n1403\n\n66.04234.\n\nActing Colonial Secretary.\n\nCO.\n\n691\n\nRECP\n\n463\n\nREGI 24 APR 83,\n\nMinister (Superintendent?). Annawere Mercantile Marine.\n\nSir,\n\nHong Kong 9th Dec 1882.\n\nIn response to your despatch dated 6th day, 12th moon, 35th year,\n\non the day, relative to the proposed establishment of an Annamese Consulate in this Colony & am directed by His Excellency...\n\n...\n\nOfficer", "txt_file_path": "txt/2diw2n4r2/CO129-207 - Acting Governor Marsh - 1883 [1-3].txt", "external_url": "", "rank": 0 }, { "id": 321090, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "page_number": 469, "title": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "content_text": "466\n\nday que moon 35th\n\nyear of Foo tak relative\n\nto the proposed establishment.\n\nq\n\nau\n\nAnnamese Consulate in Hong Kong,\n\nمنقول\n\nI have the honour by direction of His Excellency Administrator Marsh, to\n\ninform you that His Excellency would\n\nrecommend\n\nyou\n\nto address your\n\napplication to the Foreign Office\n\nLondon:\n\nThe writer is aware of your Honour's good faith in treating all\n\nalike without\n\nany\n\nwritten his application which he\n\nintends to be forwarded to the Foreign Office for\n\nits consideration\n\nand approval, but as it is for one separated by many oceans. The writer\n\nis afraid that he will not be able to send it himself and therefore\n\nведо\n\nما\n\npresent you\n\nwith a\n\nstatement of these facts together\n\nwith the application which he requests your Honour will be\n\ngood enough to forward for\n\ndistribution of race,\n\nhe\n\nin order that it\n\nEarly. As soon as\n\nand upon receiving your favour\n\nfelt much ... by it. He has now\n\nwritten\n\nthat you may come\n\nto hand\n\nCh\n\nreply.", "txt_file_path": "txt/2diw2n4r2/CO129-207 - Acting Governor Marsh - 1883 [1-3].txt", "external_url": "", "rank": 0 }, { "id": 321097, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "page_number": 476, "title": "CO129-207 - Acting Governor Marsh - 1883 [1-3]", "content_text": "Mercantile Marine in \n\nAnnam, relative to the \n\nproposed establishment \n\nof an Annamese Consulate \n\nand \n\nat Hongkong, with copies of correspondence \n\nwith the Acting \n\nFrench \n\nConsul at Hongkong \n\nas to the right of \n\nthe \n\nAnnamese to treat \n\ndirectly with Foreign \n\nPowers.\n\n2. I am to request you inform Lord Granville that it appears to \n\nLord Derby, that this \n\nquestion cannot be \n\nconsidered apart from \n\nthe proposal to establish \n\na \n\nChinese Consul at \n\nHongkong, \n\nwhich could \n\nnot be refused if an \n\nAnnamese Consul \n\nwere allowed:\n\n \nThe changes made include:\n1. Correcting \"onsulate\" to \"Consulate\".\n2. Correcting \"Hangking\" to \"Hongkong\".\n3. Correcting \"franville\" to \"Granville\".\n4. Correcting \"Zit #appears to\" to \"it appears to\".\n5. Correcting \"Letting aride\" to no change as it seems to be \"letting aside\" but kept original as per rule 7.\n6. Correcting \"clow\" to no change as the correct word is unclear, possibly \"claim\".\n7. \"473\" seems out of place and is left as is because the context is unclear.\n8. Formatting the text into paragraphs using HTML tags as per the output requirement.", "txt_file_path": "txt/2diw2n4r2/CO129-207 - Acting Governor Marsh - 1883 [1-3].txt", "external_url": "", "rank": 0 }, { "id": 323971, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-214 - Public Offices & Others - 1883", "page_number": 3, "title": "CO129-214 - Public Offices & Others - 1883", "content_text": "Office.\n\nDake.\n\nSubject.\n\nForeign Off: 15 Jan. Collection of Chinese customs dues in the Colony.\n\n14 Telegrams between Consular Officers & Col. Authorities. Spirit Trade in Siam.\n\nApper from Easterata (Coland duplicate submarine las\n\n15. Feb. Telegraphs in China.\n\n4 Apr. Spirit duties in Siam.\n\nFrench Expedition to Tonquin.\n\nOffice.\n\nDak.\n\nSubject.\n\nForeign Office. 3 Aug. Chinese Criminal Fugitives in the Colony.\n\nProp lable between Cochin China & Tonquin.\n\ndo.\n\ndo.\n\n件 Convention with East Extension Tel. d. for connecting Bangkok with kenang.\n\n3 Sept. Shipment of war material from USA. to China France & Tonquin.\n\nDo Telegraphs in China.\n\nEvents in Tonquin.\n\nTraffic in Spirits. Agreement with Siam. The Wa Hop Chinese Jel. b.\n\n3 Oct. The U.S. Anti-Chinese Immigration Act.\n\n# do\n\n13 do.\n\n18 # do.\n\ndo. do.\n\ndo do\n\n4 * do.\n\ndo. do.\n\n9 A Traffic in Spirits. Agreement with Siam.\n\ndo.\n\n11+ do.\n\nde #1 Chinese Revenue cruisers.\n\ndo\n\n15 do.\n\n120 do.\n\n27 do\n\n2 May. do.\n\n22 # D do.\n\ndo. Telegraphs in China.\n\ndo\n\n24 do\n\nThe Fouquin Expedition\n\ndo.\n\ndo.\n\n12 do.\n\n~ do.\n\n| 24t }\n\nAnnamese Consulate at Hong Kong. French claim to do. Protectorate over Annam.\n\ndo\n\n19 do.\n\nThe Tarquin Expedition.\n\ndo.\n\n20 t do.\n\n22 do.\n\nde. 125 do.\n\n5 A de.\n\n29 do.\n\nLu 20 do.\n\n9 do.\n\ndo.\n\n13 do\n\n3 do.\n\n15 A do.\n\n10 居 do.\n\n# do.\n\n19 do.\n\nA do.\n\n21 do.\n\n23 do.\n\n25 # da.\n\n26 h Telegraphs in China.\n\ndo.\n\nI June French proceedings in Tonquir.\n\nPostal Arrangements on the China Coast.\n\nThe Tonquin Expedition.\n\nDo Proposed Chinese Consulate in Hong Kong.\n\nThe Tonquin Expedition.\n\n-D- Prop? Establishment of an Intermediate Court of Appeal. The Tonquin Expedition.\n\nOrdinance 6 of 1880.\n\n25 July. Relations between France & Annaw.\n\nقبل قل قل هل نقل قبل حل Information on the subject of Fouquin.\n\nAgreement between Cochin China & Cambodia: Tonquin Affairs.\n\nU.S.A. Chinese Immigration Act, 1882-\n\nEvents in Tonquio.\n\nSalutes to British & Chinese Ministers.\n\nAffairs in Torquin\n\nCase of long Ah Lung.\n\n2 Nov. Decision at San Francisco under Anti-Chinese Immisinf\n\n21\n\n29\n\n12 A\n\n21 h\n\n# Arrangement between Cambodia & Cochin China!\n\nValue of Chinese Labour in the United States.\n\nTraffic in Spirits - Agreement with Siam.\n\nSupplementary Credit on account of Tonquin\n\nSpirit Duties in Siam.\n\nAffairs in Tonquin.\n\nTreaty at thie between France & Annam..\n\nCable between St. James Cape & Haiphong.\n\n瞿 # Affairs in Tonquin.", "txt_file_path": "txt/2diw2n4r2/CO129-214 - Public Offices & Others - 1883.txt", "external_url": "", "rank": 0 }, { "id": 324196, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-214 - Public Offices & Others - 1883", "page_number": 228, "title": "CO129-214 - Public Offices & Others - 1883", "content_text": "of May 6 1883\n\nin Lord Lynno no. 307\n\nInclosure\n\nOffice or Individual,\n\nForeign Office\n\nDate.\n\n1883\n\n24 May\n\nLast previous Paper.\n\n6911\n\nchong trong\n\nNo. 8899\n\n(Subject.)\n\nRECP\n\nDOMESTIC.\n\n224\n\n8899\n\nREG 26 MAY 83.\n\nAnnamese Consulate at Hong Kong\n\nFrench Claim to Protectorate over Annam.\n\nConsulate creation should be allowed to drop for the present. Incloses Memo & printed papers relating to recent relations with Annam.\n\n(Minutes.)\n\nFarrell finds\n\nExtract\n\n\"Journal de Four\n\nMerch\n\nTell the Foreign\n\nG\n\nI let the particulars\n\nIn the present.\n\ni\n\nht\n\n813 rus. 1-83\n\nIt is said that Six penitentiary convicts of Annam\n\nMercantile Marine in\n\nAn auzoan This letter proposes\n\nSir George Bowen\n\nis emphatic that Her Majesty's Govt have not\n\nYet come\n\n... establishment\n\nThe proposed Consulate in Hong Kong\n\nv\n\n411\n\nrelative to\n\nAnnamese\n\nAny 28\n\nRuott has 29 AM 24/5 8.00.\n\nD. May 30..\n\n30. Mor\n\n1", "txt_file_path": "txt/2diw2n4r2/CO129-214 - Public Offices & Others - 1883.txt", "external_url": "", "rank": 0 }, { "id": 324198, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-214 - Public Offices & Others - 1883", "page_number": 230, "title": "CO129-214 - Public Offices & Others - 1883", "content_text": "226\n\nAnnam\n\navowed by\n\nthe\n\nstationed at Hong\n\nTrent. Agents Rong and Hue.\n\nWith\n\nregard\n\nto the appertion\n\nHealth the Annamese are not empowered\n\nto Negotiate with Foreign Powers\n\nwithin the concurrence\n\nof the\n\nFrench Government, I am\n\nto\n\nForward to you confidentially\n\nthe accompanying printed correspondence\n\nrespecting\n\nthe relations of France\n\nand Annam, together\n\nwith\n\na\n\ncopy of a short memorandum by the City\n\nLibrarian of this Department.\n\nthe rights of the King of\n\nAnnam\n\nto\n\n35\n\n9034.\n\nto appoint consular officers.\n\nI am to request that, in\n\ncommunicating these papers before the Lord Derby you\n\nwill state to His\n\nLordship, in view of the operations\n\nnow being\n\nundertaken by\n\nin Tonquin, and\n\nThe fact that the question of the Establishment of a Consular Agent\n\nat Kiung Chow is still unsettled, to\n\nwhich attention is called in\n\nyour\n\ndespatch\n\nLord Granville\n\nis of\n\nopinion that it would be advisable that the question of the appointment\n\nof the Annamese Consul at that\n\nplace should be allowed to drop", "txt_file_path": "txt/2diw2n4r2/CO129-214 - Public Offices & Others - 1883.txt", "external_url": "", "rank": 0 }, { "id": 324994, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-215 - Governor Sir Bowen - 1884 [1-4]", "page_number": 254, "title": "CO129-215 - Governor Sir Bowen - 1884 [1-4]", "content_text": "THE WAR IN TONQUIN.\n\nEnclosure\n\n[FROM OUR SPECIAL CORRESPONDENT.]\n\nHANOI, 31st January, 1884.\n\nNow that things have been pretty well tidied up at Sontay, the French offer no opposition to anyone going up to see the place. A passage can be easily arranged in a native boat, and if the wind is favourable and the boatmen not too lazy, the distance of thirty miles or thereabouts can be easily compassed in daylight. It is even possible to get a passage in a Government steamer, but as those craft are always chock-full of soldiers and commissariat stores, the gain in time and dignity is hardly worth the absence of comfort.\n\nThe country between Hanoi and Sontay is of the same general character as that farther down the delta. There are the same alternate high banks and low shelving flat lands, according as the force of the current bears on the one shore or the other; the same wide stretches of paddy fields; the same abundance of bamboo and cactus-fenced villages, with here and there the trumpery little jos-houses which the French call pagodas. At this season of the year the Song-koi is at its lowest, and from the insignificant height of a native boat impossible to see any distance inland. Still, from what I could see during occasional tramps on the bank to relieve the monotony of the journey, it was apparent that the warlike operations so recently conducted in the immediate neighbourhood had had but a very transient effect on agricultural doings. Ploughing was going on everywhere; the women and children were levelling the surface with wooden mallets, and all were too busy even to throw stones at me, as they probably would have done in the neighbourhood of Haiphong.\n\nNear Sontay, indeed, it was different. On the right bank, at any rate, the fields were quite deserted, and the few people one saw seemed quite prepared to run, with or without reason. The headless bodies, which still continue to come down the river, no doubt tend to shake a man's nerves.\n\nFrom a cursory view, Sontay seems a place which has no natural advantages of any kind. Take any level country with a slope upwards to a central point, so gentle that it is almost impossible to detect it, and you have the general appearance of Sontay. For the town, take a random collection of the ordinary, heavy, Chinese brick houses, interspersed with the wretched, wattled, bamboo, mud-plastered, thatch-roofed shanties of the Annamese. The citadel is a quarter-mile square section built of big slabs of conglomerate, for defensive purposes not half so good as decent bricks.\n\nFor surroundings, there are the Song-koi, too far off to be of any use, except as a means of bringing up enemies; a little river running at a distance of six hundred yards or so, round the western and northern faces, some low spurs from the main range of hills to the west, but too distant to afford anything like a secure place of retreat. Beyond this, nothing but a cultivated country.\n\nBut a closer examination shows how much can be done with the most unpromising material. The Black Flags have made the best use of their time since last May, though it seems scarcely credible that the whole of the earthworks now existing can have been constructed in the short period of seven months.\n\nJust now the river runs twenty feet under the level of the Sontay bank. At the time of the attack in December, it was considerably higher, but still there was a fairly high river bank. A thousand feet from this are the lines of Phu-oc-sa, or Phu-the. These cover the river face of from half a mile to three-quarters, and on either side run down to the water. They are of considerable height and are formidably constructed with contreforts, or traverses, to afford protection against a flank fire in the event of entrance being forced at any point.\n\nThe bamboos which masked the whole face have been cut down close to the ground by the French. Marshy land protects a good deal of the front, and these swamps were much more extensive at the time of the attack than they are now. A road running from the river-bank straight up to the citadel cuts the earthworks at right angles, and it was round the gate (now replaced by a large blockhouse, built of bricks obtained from a pagoda pulled down for the purpose) that the fiercest fighting of the 14th December took place.\n\nThe Turcos were the first to be sent up, and they were beaten back time after time, while the Foreign Legion and the Infantry of Marines fared no better. It was particularly noticed that the Flagmen took steady aim every time they fired, and the loss of two hundred men and twenty-two officers in half an hour testified to their steadiness. The French are full of admiration for the pluck of the Black Flags, though they show them but scant mercy when they get hold of them.\n\nSeveral times when the troops had almost forced their way into the lines, the Black Flags seized the bayonets with their naked hands, in regular Ghazi fashion, and toppled the burly Algerians and Foreign Legion men down the slope. It was only at the end of the first day's fighting that the works were taken, and then every inch had to be fought for. Independent witnesses of the struggle maintain that it was not till their ammunition gave out that the Black Flags were driven from Phu-oc-sa.\n\nHowever that may be, at midnight, animated by an offer from Liu Yung-fu of two hundred thousand dollars to the man who would retake the works, they all came back again. The fighting was renewed with as much determination as ever, and it is even asserted that the French were momentarily driven out. If they were, they forced their way in again, but the struggle extended over several hours.\n\nThe best evidence of the desperate state of the French and the anxiety in which they were is the recorded fact that no letter, sealed or open, from officer or man, was allowed to be despatched on the night of the 14th December. \"Fine thing it would have been if we had had correspondents there!\" a French officer remarked to me in an effusive moment. \"They would have said it was a French defeat.\"\n\nBetween the Phu-oc-sa works and the \"outer enceinte\" is a distance of five hundred yards or more. The road leading up to the town was lined on both sides by houses. These seem to have been tolerably substantial, but now nothing remains of them but a few heaps of ashes and the rectangular stone water tanks, which the Tonquinese are fond of building, but hardly ever seem to use for their legitimate purpose.\n\nWhen there is water in them, it always appears to be covered with green slime, but more frequently there is nothing but rank grass, with an occasional sapling. To right and left of this is cultivated land, with here and there a joss house or two. The paddy fields that are now dry would have been heavy going for a Pytchley man six weeks ago. The muddy patches of today were sheets of water on the 15th December.\n\nThis outer enceinte is an exceedingly strong earthwork, roughly polygonal in shape and defended in front by a moat fifteen or twenty feet wide. On the level ground between the walls and the ditch was a treble or quadruple fence of well-grown bamboos, covering a depth of from four to six yards. At the gates, the moat was studded with spiked bamboos. A stockade of high thick logs masked the front, and on the approach to the slender plank bridge was a formidable chevaux-de-frise of sharp-pointed stakes and bamboo caltrops.\n\nThe lines themselves were solidly constructed, and the shells which burst in them did but very little damage, as far as affecting a breach was concerned. The main attack was made on the North-west front, and the number of empty cartridges lying about here, inside the works, showed the severity of the fire to which the French were exposed.\n\nThe Chinese cannon, however, were of the most worthless kind. Not only were the pieces of old-world manufacture and honeycombed with age and neglect, but they were few and badly placed. The contreforts along the line of works were pointed out by the French officers as conclusive proof that there had been European guidance in Sontay. But the way in which the guns were mounted was far more conclusive proof the other way.\n\nC. O.\n\n404252\n\nRECD\n\n[MAR 84]", "txt_file_path": "txt/2diw2n4r2/CO129-215 - Governor Sir Bowen - 1884 [1-4].txt", "external_url": "", "rank": 0 }, { "id": 324995, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-215 - Governor Sir Bowen - 1884 [1-4]", "page_number": 255, "title": "CO129-215 - Governor Sir Bowen - 1884 [1-4]", "content_text": "The dozen or twenty guns there were on the front attacked by the French were placed in such cramped positions that they scarcely covered more than the country directly in front of them. Here and there, too, there were square wooden trough-like constructions run through the body of the wall, presumably called loop-holes, but absolutely useless except when a body of troops was unfortunate enough to pass directly in front of them. In addition to this, not even the best use that could have been made of the bad material at their disposal was obtained. The Black Flags seem to have handed over the artillery to the Yunnan or Kwang-si militia, and these men neither had the skill nor the courage necessary to serve the guns. It seems undeniable that if the cannon had been employed with anything like the energy which kept up the small arm fire, the French would never have taken Bortay, or at any rate, not till after a long siege. As it was, the fight here, though severe enough while it lasted, was nothing like the struggle at Phu-sa.\n\nDivided counsels no doubt helped the French greatly. The Chinese \"regulars,\" as they are styled, seem to have drawn off early on the morning of the 15th. Then Liu Jung-fu and the Torquinese Prince appear to have had bickerings, and in the end none but the Black Flags seem to have fought. Close to the west gate, where the entry was effected, there is a long street, constituting the Chinese quarter of the town and inhabited in great part by the leaders of the Hak-kis. Up one side of this street went the Turcos and the Foreign Legion and up the other the Infantry of Marine under the direct command of Admiral Courbet, who was one of the first to surmount the works. All through the second day the fighting centred in this street. Turning and counter-turning movements were made by both sides, but all the while the hardest work was in the centre. The Chinamen defended almost every house. They very early found out that the system followed by the French from the beginning of the campaign was to be carried out here. No quarter was asked for and none was given. So it went on till close on nightfall, when Liu Jung-fu's house was reached. From the extensive outline to be traced in the ashes and the pieces of ornamental stone and plaster-work still to be seen, this must have been a very fine building. With its capture the fighting seems to have practically ceased. The Frenchmen devoted themselves to the ransacking of the defeated chief's house, and the Black Flags drew off towards the citadel, which is not much more than two hundred yards off. What the value of the despatches discovered in Liu's house may have been has not yet appeared. The letters from Hué are at any rate of no practical value, unless they result, or have already resulted, in the beheading of anti-French mandarins. The import of Li Hung-chang's communications may or may not have important results. Perhaps the new reinforcements announced to have left France are not altogether unconnected with the perusal of these documents.\n\nWhat followed is long since known to you. The Black Flags drew off under cloud of night to the mountains which lie north and west of the town. The French entered the citadel early in the morning. The entry was, in true modern Gallic fashion, utterly unauthorized and irresponsible. A handful of Turcos and Estrangers approached the north gate, pushed it open, and entered and found no one inside except for wretched Annamese women and children, and 8 or so Scots of still more luckless youths. A flag was then improvised of a length of the red waistcloth of a Turco, the handkerchief of an officer, and a strip off the blue cummerbund of a Foreign Legion man, and the hoisting of this characteristic tricolor on the tower was the first notice Admiral Courbet had of the occupation of the citadel. Inside, the rice stores were the principal captures made. There was a certain amount of bar-silver taken, but the Chinamen seem to have carried the greater part away with them. About a hundred and fifty poulies were found, as also an elephant, since dead, and a small arsenal. It was obvious, however, that all who left carried their arms and cartridge belts with them. The French have made a clean sweep of all the buildings inside the citadel with the exception of a few of the better-class huts for the officers, the Royal Pagoda, in which the Colonel Commandant is domiciled, and the huge granaries of rice, which were piled up to the roof with grain and contained provisions for probably a couple of years. There is also a curious small building used by the Black Flags as a powder manufactory, with regular compartments for the saltpetre, sulphur, and charcoal. The French are tinkering it up into an arms store. There is no doubt that Liu Jung-fu showed good judgment in abandoning the citadel. Its conglomerate walls would even have fallen before the French guns and the whole garrison would have been trapped. It does not seem to have mounted more than sixteen or twenty guns altogether, and these, if possible, were more wretched pieces than the ordnance on the earthworks.\n\nThe French have cleared a wide space all round the front, and have driven wide open ways in all directions out into the open country, necessarily sacrificing the houses of the town in the process. This presents a most desolate appearance at present. Only about one house in fifty yards is occupied, and yet it appears that it is dangerous for a man to walk alone through the streets after dark. Possibly this state of things may improve later on, but it will not do so very fast, if we are to judge from the other towns in French occupation. Nowhere have they as yet more than a mere military grip on the country. They hold the towns, but nothing more. The Chasseur d'Afrique may jingle his spurs down the Boulevard Marty of Haiphong; the Turco may clear the streets before him in Hanoi; the ordinary line-man and his fellow of the Infantry of Marine may kick over old women's vegetable stalls and swagger about consumedly in Nam-dinh and Haid-anong; at Sontay the same thing may be done with impunity, but nowhere can any one of them go beyond the range of French guns. The Black Flags or pirates would be down upon them immediately. The wanderer would be fortunate if he was merely pelted with stones. The ordinary thing would be a spear-thrust, and a pint of nails and pebbles from a blunderbus might be anticipated with reasonable confidence. It will be a long time before the delta is really brought to a peaceable condition.\n\nIt will be much longer if the projects at present seething in the Gallic brain are attempted. You are aware that the idea is to surround Bac-ninh completely and destroy the garrison to the last man, even if there should be twenty-five thousand of them. Unfortunately for the garrison it would seem that the heights round the town are taken, this scheme is quite feasible. This swooping scheme is talked of here in the most matter-of-fact way by naval and military officers, by civilians and loafers. The argument is that it will be a most salutary \"example\" and that under cover of the scare \"produced,\" the French General Négrier is the man whom rumour points out as the leader of the attack - will make a dash on Lang-son, through the hills, and so close the gate from China. Lang-son should certainly have been taken long ago, but that does not mean that it will be taken now, either easily or at all. There are signs that the rains may set in early this year. There has already been a great deal too much for our comfort. In the rains the country between Bacninh and Sontay would be impracticable.\n\nMeanwhile everything here is at a stand-still, pending the arrival of General Millot with the reinforcements. It is a question whether he will allow correspondents to go to the front, and if he follows the advice of those now in power, he will not.\n\nPage 253", "txt_file_path": "txt/2diw2n4r2/CO129-215 - Governor Sir Bowen - 1884 [1-4].txt", "external_url": "", "rank": 0 }, { "id": 325162, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-215 - Governor Sir Bowen - 1884 [1-4]", "page_number": 422, "title": "CO129-215 - Governor Sir Bowen - 1884 [1-4]", "content_text": "# Enclosure\n\n## INTERESTING MEMORIAL FROM THE TSUNG-LI YAMEN ON COAST DEFENCE.\n\nThe following translation of a memorial from the Tsung-li Yamen on the pressing necessity of coast defence and the need of quieting the dangers near at hand so as to guard well against those in the future is made by the N. C. Herald :\n\nThe Franco-Annamese question is somewhat different from the former Russian difficulty. Whether it is decided to preserve peace or to declare war; to act on the offensive or defensive, the dangers on the south-west will ever remain unchanged. When a foreign invasion is imminent, coast defence must not be for a moment forgotten. Annam and Kuangtung are connected with each other both by land and water, and troops have been ordered thither to guard (against any attack from the enemy). Military reports are now awaited from Peng Yu-lin and Chang Shu-sheng, and plans will be devised upon consulting them.\n\nBut let a review of the coast be taken. The Pai-yang (Northern Ocean) defence embraces Taku and Pei-tang and slightly watches over Lü Shan (Port Arthur); but the protection of Teng-lai is nil. The Nan-yang (Southern Ocean) defence includes the river and the sea with Kiang Yin as the strategical point, and guards Su Tai. As to Teng-lai, Ting Pao-chên in his Memorial considered Tengchow, Chefoo, and Wei-hai-wei as the essential points to be defended. The Governor of the Province (Shantung) however had erected only five forts in and near Teng Shêu Kau which are insufficient to well protect the coast.\n\nThe 800 marines under the Superintendence of the same Governor had been transferred by Li Hung-chang to the gunboats Chao-yung and Yang-wei of the Pei-yang squadron and whatever guns there are of the old pattern. When Wu Chang-ch'ing was instructed to organize the defence of that province, he had only a short time to act in and did not accomplish much. Now the inundation has come; our army and our funds are only capable of dealing with one point at a time and not sufficient to defend all the points at once.\n\nOur Yamen has repeatedly been devising plans and methods of defence on behalf of that province. It is not necessary to increase the garrison of Tengchow, as there is a chên tai stationed there. Wei-hai-wei from its natural advantages is very defensible. But Chefoo with its broad expanse of sea, and level sandy coast, a haven for merchant vessels, has ever been exposed to and sought after by foreign vessels, and therefore a heavy garrison is needed for its protection.\n\nAs Wu Ta-ch'êng watches over Lan-lo and Wu Chang-ch'ing is placed in Korea, they cannot be spared from their posts. The Throne is petitioned to instruct the Pei-yang Superintendent to select an able commander who will take with him trained soldiers from four to six camps and hold Chefoo. When Chefoo is secure, then both Lü Shan and Ka Tang will be safe.\n\nThe most important of the coast defence undertaken by Tso Tsung-tang is Po-mao Shan. The strait of Po-mao is situated 70 li east of the Chou Chi mouth and is the receptacle of the sea-flowing rivers of Soochow and Changchow. In the time of the Ming dynasty alarms were communicated by means of smoke signals at Po-mao to warn the people of a Japanese invasion.\n\nThe sea outside the strait is broad, and steamers pass and re-pass in it. The natural dangers of the place can be judiciously employed to make its defence effectual. The sea ports of Liu Ho, Ta-chien Fou, Hsü-liu Ching and others, through which the Capital of Kiangsu can be reached, are away from the Metropolitan city over a hundred li and are nevertheless to be defended.\n\nTsung-ming, an isolated island in the sea, relies solely on the chên-piao who commands but a weak garrison. If an alarm of war is sounded the isle is difficult for reinforcements to reach; every precaution for protecting the place should then be prepared beforehand.\n\nThe organization of the fishing brigade in the southern provinces is indeed an admirable idea; it prevents spies in the inland waters and can assist in harassing the enemy along the sea-coast. But fishing brigades may only be able to protect the people (in cases of need); they are of no avail in a battle.\n\nThe defence of Kiangsu needs more funds than can be spared; and if a tax is collected and militia instituted, people will ever be kept in a state of alarm and doubt. Therefore the Throne is petitioned to command the Fatai of Kiangsu, under the head of Winter Defence, to pick able-bodied men from the six or seven districts along the coast and class them in divisions of 300 each.\n\nThey are to be given rifles and ammunition and trained stuff year from three to five months in winter and spring; they will be able to handle their arms well and be thoroughly disciplined in that time. In peace they may detain and arrest salt-smugglers; in war they can patrol the sea-ports. In carrying this plan into execution, the funds will not be wasted, people will not be disturbed, and the many districts close to each other will rest in security.\n\nThe salt smugglers along the shores of the T'ai Hu who appear and disappear at intervals are doing a great deal of harm to the community and interfere with the organization of coast defence. It is imperative to crush any rebellious project on their part in the bud; then no danger will be apprehended from them at the rear when fighting an enemy in front.\n\nLet the Throne instruct the Fatai of the province to collect volunteer boats that they may capture these desperadoes and change them into loyal subjects; then land, sea, and lakes, (freed of them) may become tranquil.\n\nThe coast of the Min province is washed by the Che-yang (Chêkiang Ocean) and at the furthest end by the Canton sea. The government of this province requires an able official as the ever vigilant watching (for an opportunity to attack China) must be guarded against.\n\nIf the high authorities of the province consider tranquillity, and able rule, and not intent on devising plans for defence, at the first stir of the ocean's waves (war) Formosa, Peng-hu, and Amoy will be untenable. It is prayed that the Throne will bestow some thought on the province of Min either in appointing some able officials or decreeing some old generals to govern and protect it.\n\nThe isolated isle of Ting-hai, the port of Cha-pu, Ningpo, and Chou-shan in the province must be placed under the strictest surveillance. Some time ago a Decree was promulgated ordering Lin Ping-chang to take charge of the coast defence, who from his experience in war affairs will be able to bring it to an effectual state, and Your Majesties may rest at ease on that point.\n\nAnother matter, however, must be brought to the Imperial notice. The coast defence was instituted about ten years ago; the money expended on purchasing guns and ships amounted to tens of millions, and yet in case of war nothing can be relied on; the preparation for defence against Russian invasion cost the outlay over ten millions, and still the coasts are in a disorderly state.\n\nThe provincial authorities shirk their responsibility by complaining of the niggardliness of the Boards, while the officials of the Boards in turn fail in their duty by charging the provincial authorities with indulging in extravagant expenses. The dilly-dallying, the waste of time and opportunity, are all due to the faults of our Yamen.\n\nEven if the judgment of not censuring us, we cannot fool ourselves on the question of coast defence. The Yamen considers the protection of trade and defence of the coast to be two points of essential importance. The coast defence being in an unworthy state, it is not likely that trade will flourish.\n\nFrom this time forward let the coast defence be ever kept up in an efficient condition. The preparation which exists against the threats of the French today will be improved upon for defending the coast in the future. After receiving a Decree in reply to this Memorial, our Yamen will diligently study the naturally defensible points of the coast and the new invention of foreign gunboats, consulting with the Board of Revenue with regard to funds, with the Board of War in regard to tactics and military affairs, and with provincial authorities on procuring able commanders.\n\nWhen the country can remain at peace (without dishonour) or go to war (with confidence) then our reputation for being powerful will be established, and rebellious projects will be stifled. When preparation (for coast defence) begins, then danger ceases.\n\nPage 333\n\n**An unpublished decree from the Empress is also sent to us, but it contains nothing of importance beyond an expression of opinion on the part of Her Majesty that the schemes of the French are \"wily and insatiable.\"—ED.**\n\nPage 420", "txt_file_path": "txt/2diw2n4r2/CO129-215 - Governor Sir Bowen - 1884 [1-4].txt", "external_url": "", "rank": 0 }, { "id": 325311, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-215 - Governor Sir Bowen - 1884 [1-4]", "page_number": 571, "title": "CO129-215 - Governor Sir Bowen - 1884 [1-4]", "content_text": "to be radically changed, and the entire system of administration reorganised.\n\nSENTENCE UPON THE OFFICIALS IN THE SOUTH. On account of the war with France in Annan, the frontiers of Kuangsi have required special measures of defence. We therefore promulgated a Decree, ordering the Fu-t'ai Hsi Yen-hsi to march out of the barriers and command the garrisons for the purpose of thoroughly protecting the boundaries of the Empire. The said Fu-t'ai, however, delayed his advance, contenting himself with holding Liang Shan, and instructing the General Huang Kuei-lan, the Tao-t'ai Chao Wo and others to guard the Annanese town of Bac Ninh. When the French attacked that place, the General referred to failed to exert himself, and Bac Ninh was lost through his running away; a most deplorable fact, indeed! The evacuation of Bac Ninh was reported to Us by both Chang Shu-sheng and Pan Yen-hsi; the latter of whom himself memorialised Us to award him the severest punishment. Chang Shu-sheng, also, has petitioned Us to consider the penalty to be visited upon him without leniency. We have already issued a Secret Decree commanding Pan Ting-hsin to leave Kuangsi by the Chen Nan Barriers with a special commission to degrade Hsü Yen-hsi and Kuei-lan and Chao Wo and deprive them of office, and place them on their trial too. By this time Pan Ting-hsin must have reached Kuangsi. Let him immediately seize Hsi Yen-hsi, forward him to Peking, and hand him over to the Board of Punishment for the determination of a penalty. P'an Ting-hsin, acting in concert with Wang Tê-pang, will enquire into the causes of the defeat sustained by Huang Kuei-lan and Chao Wo, and if it be satisfactorily proved that they abandoned their post and took to flight, let a Memorial be presented to Us instantly, requesting Our permission to inflict penalty; they need not be handed over to the Board. The Captain Chiến Takuai, who has been already degraded, and who was entrusted with the Fo Lin fortress, lost it on the first onset of the French. The Colonel Pang Min-hsüan showed his cowardice by not daring to advance to the front, but stationing his battalion in the rear. These two are to be decapitated immediately in front of the army. The other officers who were defeated on the same occasion must be discovered, and their penalties must be decided according to the deserts of each. A Memorial will be presented to Us petitioning Our pleasure with regard to the execution of these punishments. Let there be no partiality or concealment! The position and responsibility of Chang Shu-sheng are such that he cannot be held exempt from blame; but as he was stationed too far away to afford assistance, We by a special Act of Grace commute his punishment, and order the Board of the Civil Office to consider his misdemeanour. Pan Ting-hsin will assume the Fu-taiship of Kuangsi; Pang Chi-yu will be Acting Fu-t'ai of Hunan; and Wang Tê-pang Acting General of the Kuangsi Forces.\n\nReverentially obey!\n\nOn account of the Franco-Annamese struggle, the border defence of Yunnan became especially important. We therefore ordered Tang Chiung to march out of the barriers with an army to afford the necessary protection. The said Governor, without obtaining any Decree from Us, returned to his province of his own accord, disregarding the affairs of the frontier; an act which caused the soldiers under him to retreat and station themselves at Shan Hai city, thus incurring the loss of their positions. The hesitating policy of Tang Chiang in every matter of importance, and his incapability to distinguish matters which require promptitude from those which are not so pressing, are deplorable indeed. A Secret Decree has been handed to Chang K'ai-sung ordering him to start immediately for Yunnan with special powers to degrade Tang Chiang and apprehend him for trial. By this time Chang K'ai-sung ought to have reached Yunnan; let him at once depute an official to bring the degraded Governor to Peking, that he may be handed over to the Board of Punishment for a severe penalty. Chang K'ai-sung is hereby appointed Governor of Yunnan, and Li Jong-ching Acting Governor of the province of Kuei-chow.\n\nReverentially obey!\n\nPage 568\n\n24", "txt_file_path": "txt/2diw2n4r2/CO129-215 - Governor Sir Bowen - 1884 [1-4].txt", "external_url": "", "rank": 0 }, { "id": 325455, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-216 - Governor Sir Bowen - 1884 [5-6]", "page_number": 44, "title": "CO129-216 - Governor Sir Bowen - 1884 [5-6]", "content_text": "43- 10170\n\nprevious despatches. On the same subject, I have now the honour to transmit the enclosed letter containing many interesting details, from the Special Correspondent in Tonquin of the leading journal of Hong Kong.\n\nI have the honour to be, My Lord, Your Lordship's most obedient, humble Servant.\n\nH.Bowen\n\nEnclosure\n\nTHE WAR IN TONQUIN.\n\nTHE HUNG-HOA FIASCO. [FROM OUR SPECIAL CORRESPONDENT.]\n\nHUNG-HOA, 17th April, 1884.\n\nThere were some awkward quarters of an hour in the month of December that decided the issue of the present French campaign in Tonquin. If, when between three and four o'clock on the afternoon of the 14th December, the Chinese commenced their grand turning movement from the East gate of the outer line of fortifications at Sontay, they had displayed a little more determination, Bacninh would probably not now be in French hands and Hung-Hoa almost certainly would not.\n\nThe flank movement was almost successful. But just when the Frenchmen seemed hemmed in between the lines of Phuc-sa and the river, the Chinamen faltered and broke. They were Yunnan mountaineers and fought well, but they wanted the grit of the Black Flags, and the Black Flags were all in the forts and earthworks of Phuc-sa.\n\nAn hour later the tricolour floated over Phuc-sa. During that night, however, fortune again wavered in the balance. The Black Flags drove the Turcos from their position and were within five yards of the earthworks when the Algerians were placed by the Colonial Infantry. Both sides fired at the flash of the enemy's guns, and the Chinamen gained a slight advantage by throwing fire-sticks.\n\nBut just when the French were worn out with fourteen hours' incessant fighting, the Black Flag bugles sounded the \"cease fire\" (identical with the French call) and they retired at five in the morning.\n\nNext day, the 15th, a fatal error was made in failing to resist the deploying of the French troops along the embankment which formed the works of Phuc-sa. When that movement westward was completed late in the afternoon, Sontay was lost and the fighting in Tonquin was practically over.\n\nYou will ask what all this has to do with Hung-Hoa. It has nothing to do with Hung-Hoa, but there is nothing much to say about that place, and the talk round the bivouac fires was all about Sontay.\n\nThere can be little doubt that the French looked forward to the attack on Hung-Hoa with some degree of anxiety, one might even say, apprehension. The citadel itself was nothing, like other citadels of Tonquin. Indeed, it was more feeble than the others, for it was within two hundred yards of the river.\n\nBut the gunboats could not mount to attack it, for there was not enough water, and the outworks were known to be very strong. Moreover, it was supposed that Liu Jung-fu would make a desperate stand here, on the verge of the forest and hill country, the last of any account on the Song-coi below Lao-kai.\n\nFurther, it was reported a month ago that the warlike Governor of Yunnan had come south with six thousand men and was going to check the French invaders.\n\nBut the earthworks had no cannon mounted in them, Liu Jung-fu was away in the hills between Tuyen-kwan and Thai-nguyen, waiting for the money which China neglects to send him—solicitations no doubt to pay the indemnity which France demands.\n\nThe Governor of Yunnan, instead of marching with six thousand men to the defence of Hung-Hoa, would appear to have marched all alone over to the majority, and the six thousand men were no doubt fully employed at his funeral.\n\nBut perhaps it would be as well to give something like a connected account of the operations.\n\nThere was a plan of operations. There was also a plan for the confusion of the Chinamen at Bacninh. Négrier was to do the cutting off there. He was not successful, mainly because it was impossible, certainly impossible when the other forces did not march in unison.\n\nAccordingly, Brière de l'Isle was deputed to cut off the retreat this time. He was to march up to Bat-Bac, a village which the perversity of map drawers places half a dozen miles inland, but which is really hard up against the banks of the Rivière Noire.\n\nThere he was to cross the river, march by a hill track, and take the Chinamen in the rear. Négrier was to march up to the confluence of the Rivière Noire with the Fleuve Rouge. There he was to cross and march straight on the town, detaching a battalion of infantry, all the cavalry, and a battery of artillery, which was to cross the Song-coi and seize the north end of the bridge which the Chinamen had constructed.\n\nThus there was to be no route left open for the garrison to retreat by except the road to Lao-kai, and they were to be very severely pounded before they made their escape that way.\n\nGeneral Brière de l'Isle with four thousand men left Hanoi on the 5th April to march overland to Sontay and thence to Bat-Bac. General Négrier followed him the next day, and true to his name of Mao-lem, which the soldiers have given him, finished the march to Sontay, which had taken Brière's column the best part of three days, by mid-day on the second.\n\nMao-lem means \"hurry up\" or \"be quick\" and is the uniform cry of the soldiers who guard the baggage train. The convoy of each column numbers about a thousand coolies and extends over a matter of a mile in length on Tonquin roads, so that the refrain becomes sufficiently monotonous.\n\nThe General cries \"en avant,\" the officers ejaculate \"sorrez,\" and the baggage guard echoes \"Mao-lem.\" That is the supposed train of thought.\n\nIt is enough, however, without being so logical, to say that Négrier always makes heavy marches, that he hurries from one end of the column (6,000 yards long) to the other, all through the day, and at the end of the march, when everybody else is content to rest tranquilly in his billet, goes out prospecting the surrounding country.\n\nWell may the French hope for much from his energy and look upon him as the \"coming general.\" Coming for what, all the world knows.\n\nNégrier's big march did not, however, conduce to the comfort of the troops. Nobody in Sontay expected him, and there was no room for his troops, so he had to stay outside, and the wretched villagers who had \"the Legion\" and the plundering baggage coolies settled in their midst, had still more solid reasons for regret.\n\nHowever, next day Brière went off to Bat-Bac and reached there in two days, and on the afternoon of his entry Négrier was joined by the Commander-in-Chief, the Grand Buddha, as the Annamese call him.\n\nA march was made up the embankment following the river the next day, and the troops cantoned within three miles of the Black River.\n\nThere they had to wait a day for the heavy guns; the \"pieces of 80\" and of \"95\" had been embarked in junks and they all got aground with one accord across the mouth of the Rivière Claire.\n\nThey were got off and towed up a mile or two and then got aground again, and finally the men had to be disembarked and taken overland.\n\nAll this took time, and it was in the grey light of a rainy Good Friday morning that the troops arrived at the mouth of the Black River.\n\nBrière de l'Isle had extended his line down the right of the river from Bat-Bac so as to keep in touch with the second column. He had done more. He had established a battery of \"pièces de quatre-vingt\" the day before on a hillock close to the river and had pitched shells into Hung-Hoa from a distance of 6,000 yards.\n\nThis was denounced by everyone as premature and as a blunder. But there were more mistakes coming.\n\nIn the meantime, we were somewhat astonished to find a little post of Chinamen established in a small entrenched barricade right opposite us.\n\nThere was a sentinel marching up and down in full view, and every now and then a man would walk out onto the bank and have a shot at us.\n\nThe river itself was about 350 yards in width, but there were broad sandbanks on either side, and we were on a high bank. We therefore looked on tranquilly.\n\nPresently, however, an unlucky Turco got his left shoulder smashed with a bullet, and then a few volleys of companies were despatched to make the Celestials quit.\n\nThis they did without either delay or loss. Meanwhile, some junks designed to make a bridge and conveying ammunition and stores came up the Red River.\n\nA hundred or so of Annamese and Chinese mixed thereupon came down the left bank of the Song-coi and commenced rifle fire at about 1,300 yards or so.\n\nFinding this ineffectual, they got out a gingal, but had only fired three shots when the Eclair came up and sent them to the right about with some rounds from her Hotchkiss guns.\n\nMeanwhile, the big guns were getting into position on a little pine-crowned hillock behind the village of Truong-Ba, where we had halted.\n\nBetween eight and nine o'clock they commenced their fire. There was a battery of \"pieces of eighty\"—ordinary European horse artillery—and a battery of \"siege guns\"—\"pieces of ninety-five,\" the regular field artillery of...\n\n28* 1474\n\n-lery of", "txt_file_path": "txt/2diw2n4r2/CO129-216 - Governor Sir Bowen - 1884 [5-6].txt", "external_url": "", "rank": 0 }, { "id": 325457, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-216 - Governor Sir Bowen - 1884 [5-6]", "page_number": 46, "title": "CO129-216 - Governor Sir Bowen - 1884 [5-6]", "content_text": "possibly might have failed to save the firing of the town, but at any rate, they might have harassed the Chinese retreat, probably seized some treasure, and they would almost certainly have prevented the cutting of the bridge. As it was, the Chinamen were as safe as they had been the day before in their casemates.\n\nMeanwhile the first column, for which we had waited, was a day late. The General had missed the bad hill-track which was intended for him and taken a worse one which led him up and down hillside like the roof of a house. However, he learnt of the capture of Hung-Hoa in time and detached a column to attack Dong-Vong, a bill fort to the south-west of Hung-Hoa, whither a portion of the garrison was supposed to have fled. More execrable roads led Colonel Coronnat to this place. It was comparatively new and was situated in an ideally bad position. In a hollow surrounded by hills, one might almost have pitched stones on the heads of the garrison from the heights round about. It was a kind of hill chalet of the Annamese General, Prince Hoang-ke-visu, and he had shown his discretion in getting out of it. The place was perfectly empty, except that the wife of one of the Prince's attendants had been unaccountably left behind. Everything except her house was burnt, and the mud walls and bamboo fence were destroyed. A curious discovery, however, was made in one of the houses. A soldier in search of loot came upon several pipes of European manufacture - of French manufacture in fact, the pattern known as the pipe Jacob. There were some packets of French tobacco and some other signs of a white man, notably an old Vermouth case and some empty tins of condensed milk, recalling the cartridges sent up to Sontay through Hanoi. The owner of those properties was presumed to have been an American, on what grounds did not sufficiently appear, and it was concluded that to him was due the credit of the construction of the defences of Hung Hoa.\n\nMeanwhile operations are over for this season. After some consultation it was decided not to march on to Tuyen-Kwan. The place is four days off and the roads would appear to be somewhat bad even for Tonquin. Moreover, some very hot days have given warning of the approach of the warm weather. To-day, therefore, the first detachment of troops marched back to Hanoi. A strong post will be left here and they will have abundance of work before them in building themselves barracks. The prospect does not seem to have been palatable to some of the troops, for there have been several cases of desertion, though where the men have gone to - each with his rifle, complete kit, and a hundred and twenty cartridges - does not appear. As soon as the troops return, a battalion will be sent to occupy Thai-Nguyen, a place which, by the way, should never have been given up; and the rest will be occupied in purging the country of pirates and generally pacifying the land. The most important column will be one which is to march south from Hanoi, through Nam-Dinh and Ninh Bình to Thanh Hoa and possibly on to Hue. It appears that the Hué envoys who arrived here just before the departure of the expedition to Bacninh are not now looked on with so much favour as when they ate lunch in the French Concession and regarded the evolutions of the balloonists with intelligence. On their return journey to the Annamese capital, they visited a number of villages in the Southern provinces, and by a sinister coincidence, shortly after their departure there was a massacre of Christians. It is to avenge these martyrs that the column marches. There is also talk of some gold mines at a place called Mi-Duc, which I cannot find on any map, but which I understand to be near the river Day close to the sea. These mines are said to be worked by Chinamen, and they maintain their position with the aid of Winchester repeating rifles. They are to be moved out of that.\n\nPage 30\n\n1474\n\n45", "txt_file_path": "txt/2diw2n4r2/CO129-216 - Governor Sir Bowen - 1884 [5-6].txt", "external_url": "", "rank": 0 }, { "id": 325823, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-216 - Governor Sir Bowen - 1884 [5-6]", "page_number": 412, "title": "CO129-216 - Governor Sir Bowen - 1884 [5-6]", "content_text": "# Enclosure: \n## THE FRENCH PROTECTORATE IN TONQUIN\n\nThe wire briefly informs us that France has concluded a treaty with Annam. This is emphatically vague and might even be considered unsatisfactory, if it were not that it is tolerably easy, under present circumstances, to forecast what the main lines of the document are. The French have no doubt simply written down all they wanted and the young King, Kien-Phuc, and his ministers have meekly signed the paper and considered themselves reasonably well treated in having even so small a say in the matter. The fragmentary and erratic treaty which Dr. Harmand concluded last August doubtless but very imperfectly represents the new paper. The right to establish Custom houses in a few named towns therein stipulated for is now probably expanded to a complete liberty to establish such buildings wherever the protectors may please, now or at any future time. It is not at all improbable that a cheap show of generosity will be made in the retrocession of the province of Binh-Thuan to Annam! This district, the ancient Ziampa of Marco Polo, would be of no pecuniary advantage to the French. On the contrary, it would probably make Cochin-China budgets even more unsatisfactory reading than they are at present. By the simple process of returning the province France will be able to lay claim to magnanimity and at the same time will save a great deal of money. Instead of administering Binh Thuan at her own cost France will simply send the same number of Residents thither as she would otherwise have done and will make Annamese revenues pay for them.\n\nThe proceedings of France in the south are, however, not of so much interest to Hongkong as the possibilities in Tonquin. There undoubtedly the Republic will extend her protecting influence to the utmost. Residents will be settled in all the towns of the slightest importance, and the country will be as undistinguishable from Cochin-China as Cambodia is at the present moment. A great endeavour will be made to divert the trade of the country to Saigon, but however that trade may be favoured, it is practically certain that a great part, if not the principal part, of the import and export business will find its way to Hongkong. Numbers of Chinamen are flocking into the country already, but they are Chinamen from Hongkong, or Canton, not Chinamen from Saigon, or rather from the neighbouring mart of Cholen. It is of course the Celestials who make the trade of a country in the East, and the Chinamen in Tonquin will not fail to keep up their relations with their principals or friends, notwithstanding the temptations that may be held out to them to divert the flow of merchandise in another direction.\n\nThe present state and the prospects of the country under its new rulers are therefore matters of very considerable interest to Hongkong. At present in their fear that all the trade of the country will find its way to this colony, the French are inclined to place a variety of restrictions on foreign trade. They are afraid that they will only have the shadow and that all the substance will find its way across the Gulf. The prospect is no doubt aggravating. Tonquin is not merely a very rich colony; it is the only rich colony our neighbours have got. That it should be developed only for the swelling of the money bags of perfide Albion is too exasperating to endure just at present. When, however, it is discovered that without foreign capital Tonquin will not be so very great an acquisition after all irritation will tone down into tolerance. Tonquin promises any amount of wealth, but before money can be got out of it, it must be put in, and that is just where French colonists fail.\n\nThere are not many French colonists in the country yet, and there are no immediate signs that the number is to be increased to any very considerable extent. The few there are are not of a very estimable character from the point of view of a political economist. They are divided into two classes, the cantiniers, the pot-house and wine-shop keepers, and the somewhat more aspiring few who do not keep cabarets, but sell liquor wholesale to those who do. Both of these make money, but they do not make money for France and still less for the colony. Least of all do they advance the prospects of Tonquin. With the laudable object of putting an end to the multiplication of these sorry négociants, General Millot has issued a proclamation. Whether, however, from a hopeless recognition of the fact that no other Frenchmen but dram sellers would come to settle in Tonquin, or with a view to control foreign traders, the edict embraces merchants of all kinds. No one is to be allowed to establish a business of any kind whatever in the country without the express permission of the Government. This is not the way to encourage the bringing of capital into the country, and Tonquin wants money even more desperately than does the French Government itself. The idea may merely be to put an end to the terrible number of drinking shops, but it seems also to be intended to keep down the establishment of foreign firms of whatever kind. The suggestion may appear ill-naturel, but it seems to be borne out by a further vexatious ordinance, issued within the last few weeks. No \"armed exploring parties\" are to be permitted throughout the whole extent of the protectorate. This virtually means the prohibition of exploration of every kind, except such as is sanctioned by the French Government and supported by detachments of French troops. Beyond the limits of actual military occupation, no foreigner is safe unless he is armed. The word \"pirate\" is wonderfully misused down in Tonquin. Any native of the country is stigmatised as a pirate if he objects to the French domination of the country, and with this definition of the word the vast majority of the population of Tonquin are pirates. They are absurdly badly armed, but twenty foot long spears and swords which bend double with every blow, are quite formidable enough weapons against Europeans who have no arms at all. The exploitation of Tonquin is therefore likely to be delayed for a considerable time. Colonists from France with money to set themselves up are devoutly prayed for, but do not seem likely to come. Meanwhile foreigners are apparently warned off no matter how much money they may be willing to spend. This, however, is sure to right itself in time, possibly with the next Governor or Commissary-General, or if not with him, then with his successor, and administrators-in-chief of Tonquin succeed each other with even greater rapidity than Governments in France itself.\n\nMoney is wanted in Tonquin, but it must not be mistaken what it is wanted for. It is not for the cultivation of the country, for there is not a country in all this world that is more thoroughly cultivated than Tonquin as far north as Thai-Nguyen and Hung-Hoa. The lower delta lands are almost wholly given over to rice, but north of the Song-cau river and in the country above Son-tay, Tonquin is more like a large kitchen garden than an ordinary agricultural landscape.\n\nPage 4113\nREGP 19 JUL 84", "txt_file_path": "txt/2diw2n4r2/CO129-216 - Governor Sir Bowen - 1884 [5-6].txt", "external_url": "", "rank": 0 }, { "id": 325824, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-216 - Governor Sir Bowen - 1884 [5-6]", "page_number": 413, "title": "CO129-216 - Governor Sir Bowen - 1884 [5-6]", "content_text": "# Agricultural Products of Tonquin\n\nNothing in the shape of money induces or persuades the Tonquinese to work, nor do they require pecuniary assistance to extend the area of cultivation. The whole country outside of the villages is in a most elaborate state of cultivation, and even in the villages themselves, every available inch of ground is taken up with vegetables or tubers to season the native's bowl of rice and areca palms and patches of sugar-cane for his solace. Capital is required merely to improve the varieties of produce which he grows, so that the best possible results may be obtained from the smallest possible area. The country—the delta at any rate—is very densely populated, and the greater part of the harvests is required for the support of the population of the country itself. A dry list of products may be the best way of showing what already exists and where improvement is possible and likely to be profitable.\n\n## Rice\n\nThis is the main growth of the country, and immense as is the quantity produced, there is comparatively little left even for exportation, after the home months have been filled. The remedy lies not in making two blades grow where only one grew before, but in the introduction of a richer variety, in the multiplication of grains in the ear. Tonquinese rice is very much superior to that of Cochin-China, but still it is very much below Burmah rice. Almost no rice goes from Saigon to Europe, and probably the new province will not send much more. The grain is too soft or too brittle, and will not stand husking for table rice. Moreover, where an acre in Burmah produces from ten to twelve baskets, the same area in Tonquin returns no more than from four to six, or if ten, the greater part of it is chaff. Presumably a more fertile species might be introduced, for the soil does not lack fertility. By this time, all the world knows that two or even three crops may be garnered in during the year.\n\n## Maize\n\nMaize is at present only cultivated where there is not sufficient moisture for rice. It flourishes exceedingly well, and a species from Central America called by the French teosinte (`Reana luxurians`) with a very large grain has been introduced by the missionaries in Christian villages with very good results.\n\n## Sugar-cane\n\nSugar-cane grows everywhere. Every house has a small patch of it to furnish dessert, but there are few extensive fields except in the Nam-Dinh district and on a river island, Nam-Xang, to the south of Hanoi. It grows very high and has a very pleasant flavoured sap, but it is too dry for extensive cultivation. The Annamese extract very fair sugar from it, but the variety is not good. That called violette in Java, which has been extensively introduced in Cochin China, would probably yield very much better results.\n\n## Cotton\n\nCotton grows very well in the fertile alluvial lands down by the sea, where the salt breeze and the general characteristics of the country recall the American States of Carolina and Louisiana. There again, experience and capital will greatly improve the thread. The cultivation is already not unimportant and it is capable of almost unlimited extension, and with the needs of China so close at hand would repay the labour in the most satisfactory way.\n\n## Tobacco\n\nTobacco grows abundantly, but is at present particularly nasty. It has an acrid and disagreeable flavour. Experienced curers and Virginia or Manila seed would probably soon put this to rights. As it is, the Muongs of the upper reaches of the Black River produce a very fair weed which they roll up in bundles the size and shape of a cow's horn.\n\n## Tea\n\nThe shrub is the same as that of China, but it is not prepared in the same way and is not very palatable. A very fair green tea comes down from the upper reaches of the Red River. There are tolerably extensive tea plantations on the hills round Sontay. The French hope to attract the whole of the Puerh tea trade through the Laos country to the Red River, besides producing a rival to that famous brand on the hills bordering Yunnan.\n\n## Coffee\n\nHuge plantations might be established on the hills along the Song-coi river valley and those of its affluents. The French missionaries at Késő have acclimatised the plant on the hills near this their central station and the results have exceeded the most sanguine hopes. The provinces north of Hanoi would be the most eligible. Labour and land might be had for a mere song.\n\n## Cinnamon\n\nCinnamon is grown largely, mostly the inferior kind. A very superior variety, however, is found in the hills of the southern province of Thanh-hoa, and the crops used always to be reserved for His Majesty at Hué. When, however, the French penetrate thither, which they no doubt will next October, the famous barks of Trinh-Van and Thuong-Dong will no doubt be consigned to legal royal consumers.\n\n## Indigo\n\nIndigo abounds in a good many provinces. The Tonquinese do not know how to prepare it, and therefore it is at present only used in the country. With Tirhut methods and Tirhut experience, there seems no reason why there should not be a remunerative cultivation.\n\n## Castor-oil Plant\n\nThe Castor-oil plant grows in great abundance all over the country, apparently thriving equally well in the marshes and on the hills. There are huge tracts of it in the Bacninh district.\n\n## Tubers and Roots\n\nTubers and roots of all kinds are largely cultivated and grow to an amazing size. Cabbage, and all European vegetables thrive wonderfully. The Jersey people are proud of the height of their cabbages; the Tonquin article surpasses them in every respect, in length and breadth and thickness. A Hanoi cabbage would require a table to itself and could not be got on to any reasonable sized dish. Ground nuts, sesamum, and a considerable variety of leguminous plants are very extensively cultivated.\n\n## F-dzi (Coir exaltata)\n\nThe F-dzi (`Coir exaltata`) is a most useful medicinal plant. The Tonquinese call it the herb of life and health. It is one of the Phalaridos, a plant of the grass family called in France Larine de Job, but the Tonquin species differs from the European plant, coix lacryma, which has been introduced from India. When the skin is removed, the seed may be eaten like an ordinary cereal. It has a peculiar aromatic flavour. From the roasted seeds, a refreshing diuretic beverage is produced, which purifies the blood and strengthens the digestion. It is also used extensively as a remedy against the evil effects of the bad water of the mountain streams, which contain quantities of salts of copper and lead in solution. From the flour of the seeds, a valuable medicinal soup is prepared. The plant gets its name from the Chinese General Ma Yuen, who conquered Tonquin in the first century of our era, and who ate very large quantities of the seed to counteract the bad effects of the climate on his constitution.\n\n## Hoang Nan (Strychnos Gautherione)\n\nAnother remarkable medicinal product of Tonquin is the Hoang Nan (`Strychnos Gautherione`) which grows freely on the hills of the Southern provinces of Bo-Chinh and Nghé-Au. It is said to have been proved by experiment to be an efficacious remedy against the plague, paralysis, leprosy, snake-bite and in general against all blood poisoning. European science has been greatly interested in this product of late years, and in the `Bulletin Général de Thérapeutique` for August, 1881, there is an interesting paper by a Dr. Barthélemy, who claims great value for the plant in cases of paralysis.\n\nPage 412", "txt_file_path": "txt/2diw2n4r2/CO129-216 - Governor Sir Bowen - 1884 [5-6].txt", "external_url": "", "rank": 0 }, { "id": 325825, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-216 - Governor Sir Bowen - 1884 [5-6]", "page_number": 414, "title": "CO129-216 - Governor Sir Bowen - 1884 [5-6]", "content_text": "Of other valuable vegetable products there is lack. Gutta is found in abundance in the hills. So are a great variety of resinous trees, more particularly that from which the Tonquinese obtain the oil which they use for their lacquer ware, which is in no way inferior to that of Japan or Burmah. There is also a low tree which grows abundantly along the banks of the more upland streams, the fruit of which distils an oil which, it is claimed, renders timber secure alike against the attacks of water and insects.\n\nStar Anis, a valuable essential oil used in perfumery, distilled from the fruit of a tree of the Magnoliaceæ species, is also found in quantities in the northern provinces. A number of other aromatic trees and shrubs have also been seen by experts.\n\nTimber of all kinds is very abundant in the hills north of Thai-Nguyen and Hung-hoa and to the west in the provinces of Mi-Duc and elsewhere. Rose wood, ebony, iron wood, sapan and sandal are among the more valuable varieties. I do not remember seeing the teak tree in any part of the country.\n\nThe mineral products of the country as enumerated by MM. Dupuis, Remaset, du Cailly and others comprise a simple list of all the metals to be found in the table of contents of a work on mineralogy. As yet, however, the French have come upon none of the mines said to exist. They are all in the hill country beyond the delta. The expedition in the end of April to the western hills failed to discover anything of importance. There seems, however, little doubt that gold is to be found in considerable quantities at various places in the Rivière Claire basin and on the Red River, a little below Laokai. The month of October will no doubt show how far M. Dupuis's enthusiastic accounts were justified. It is greatly to be feared, however, that all the mining business will be reserved by the French Government for concessions to favoured individuals or companies. There is considerable irritation in Tonquin just now at the presence there of a mining explorer who is a near relative of the head of the French Cabinet. Notwithstanding his kinship he is not a Frenchman - only a Swiss.\n\nIn the villages on the Bacninh-Thai-Nguyen road there are several iron and copper foundries of a primitive kind. The mines whence the ore is drawn were, however, not found. Next year no doubt will see a good many discoveries in this line.\n\nIt seems, however, probable that the coal mines at Hong-gai in the north of Halong Bay will very shortly be regularly worked. Coal has been brought from this place in a fitful kind of way for a good many years now, and it is said to be of very fair quality. It is extremely easily worked and there is eight feet of water up to the very place where the seam crops out, the seam itself being eight feet thick.\n\nThe silk culture of Tonquin ought to become very important, and there are so many Frenchmen who have a knowledge of at least the most essential things to be observed in the industry that it ought to develop very rapidly. The larvæ are at present fed on a species of mulberry, the morus indica, which grows very readily from shoots, and it is to be seen in huge plantations more particularly in the Nam-Dinh and Ninh-Binh districts. The mulberry tree proper would take up very much less room, and would probably raise finer caterpillars. The Tonquinese have very much to learn in the way of winding the cocoons and other technical matters, even to the weaving of silks likely to be acceptable in Europe. There is, however, little doubt that sericulture will be one of the most important industries of Tonquin.\n\nWith regard to the political state of the country it can scarcely be considered as other than extremely unsatisfactory as yet. The French have already sent off a number of European troops to Madagascar and France, but nevertheless even the most sanguine of them does not pretend that the pacification of the country is any more than begun. There are garrisons of European troops at Haiphong, Hanoi, Sontay, Hung Hoa, Bacninh, Thai Nguyen, Phu-Lang-Thuong (on the Langson road) Haidzuong, The Seven Pagodas, Quang-yen, Nam-Dinh, Ninh Binh, Phuly and Batang, and small posts of a few European or native troops at such places as Elephant Mountain, \"The Bamboo\", Mi-Duc and a few other places. Outside of these it is not safe for a European to go unarmed, and it is almost impossible to get Frenchmen to go even under those circumstances. There are rumours of pirates from everywhere, north, south, east, and west. A band of 6,000 here, as many hundred in another place, and a few score in a third. Doubtless a great deal of this is exaggeration, and when expeditions go out they very seldom come across the marauders. Of genuine pirates there are a few. Ba Bao, their most daring chief, hangs about the mountains to the east of Bac-ninh and north of Haidzuong, and makes occasional raids. It was no doubt a section of his band which gave the \"Zephyrs\" so much trouble a few weeks ago at the \"Grotto Mountain\" not more than eight miles from Haiphong. The Commandant of the regiment received three wounds, and altogether the affair was hardly satisfactory, though the \"Jacobin\" is not mentioned but \"Joyeur\" captured the only gun their opponents had. Nevertheless it appears that the pirates still remain in their caves. Apart from these, however, the \"pirates\" are mere amateurs, distressed peasants, bad characters of all sorts, and the dismissed coolies of the French columns, whom the Turcos and others have taught how to loot in systematic fashion. Amateurs or not, however, Tonquin is not a place to go to for rural seclusion just yet, and probably will not be for the better part of a year. In any case, no arrangements can be made for getting tracts of land yet. The native officials are perfectly willing to sell land and to give the most satisfactory title deeds, but the French Commissioners hang back and say that authorisation must be obtained from the home Government.\n\nTonquin, therefore, though a land of exceeding great promise, is not likely to attract capitalists for a good many months yet. The towns which must necessarily become the most important from their situation, are Hanoi, Nam-Dinh, and Haidzuong. There is a great deal of building going on in the capital just now, and those who saw the town last August would hardly recognise it again. The streets have been widened, and large brick houses are being run up in every direction. On the river front three long jetties have been built in such a way that they will probably all be washed away before October; but for the present they impress the natives with an idea of western superiority and hint at a large trade. Nam-Dinh and Haidzuong are unfortunately very unhealthy and will continue to be so until the elements of a drainage system are introduced. The latter town indeed hardly exists now. Between them the French and the Chinese have almost utterly destroyed what was at one time nearly the finest and probably the wealthiest town in the delta. But from its position it must necessarily rise again from its ruins. It is extremely unfortunate under the circumstances that the French Resident apparently allows the Annamese to build their mud huts in the most eligible situations, and apparently without any regard to plan.\n\nHaiphong still remains a problem. Is it to be... \n\nPage 4133", "txt_file_path": "txt/2diw2n4r2/CO129-216 - Governor Sir Bowen - 1884 [5-6].txt", "external_url": "", "rank": 0 }, { "id": 327552, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-219 Foreign Office 1884", "page_number": 340, "title": "CO129-219 Foreign Office 1884", "content_text": "339 \n\nhighly desirable. My suggestion was at once accepted, and I have the honour to inclose a translation of the result. This had a very marked effect in quieting matters, which was further increased by another short rhyming Proclamation of the same tenor, in twenty-four simple characters, issued two days later, for the benefit of the illiterate. A Proclamation concerning the protection of chapels, translation of which is inclosed, was issued on the 29th. At my suggestion, forty copies of a Proclamation, under the seals of the Governor-General and Governor, were sent to me, to be affixed to each British chapel in the province, stating that the chapel in question is known to the authorities to be British, and to have no connection with the French, and is therefore to be left alone, under heavy penalties. I have great pleasure in testifying to the manifest desire of his Excellency the Governor-General to do everything possible to prevent the present state of affairs from reacting prejudicially on the subjects of neutral Powers.\n\nThe Proclamation to be affixed to chapels came, unfortunately, a day too late to prevent an attack on two English chapels at Fatshan, one of which was considerably damaged. The matter, however, does not appear to be a very serious one, and the local authorities have expressed their desire to settle it without its being referred to the Governor-General. I am in great hopes that no more trouble may ensue in this direction. With regard to the French cathedral and the French Consulate in the city, I learn that they have been sealed and a strong guard put on them, and also that the same course has been taken with the French chapels in the interior. I am further informed that the French claims on account of the Shamien riot were duly paid about five days ago.\n\nEarly on the morning of the 6th instant a despatch arrived from the Governor-General, stating that the opening in the barrier in Collinson Reach would be closed at 11 A.M., while the opening in the other barrier in Cambridge Reach would be reduced to 7 chang. I at once directed the \"Ningpo,\" the only large-sized British steamer in port, to get up steam, and telegraphed to Whampoa to ask that the closing should be delayed, at any rate, till she had passed, and received a reply that my request would be complied with. I also at once addressed the Governor-General, pointing out that closing the Collinson Reach barrier would preclude all deep-draught steamers from coming to Canton, and that even the larger river steamers could not with safety get through a passage only 7 chang in width. My communications appear to have had some effect, for early yesterday morning I received a visit from a Wei-yüan of the Governor-General, asking my opinion as to the smallest passage that would admit of the river-steamer traffic. I elicited from him that the Chinese had received intelligence of Admiral Courbet's arrival in Hong Kong, where he was said to be incognito on board the \"La Galissonnière,\" and also that up to that time he believed no work had been commenced at the barriers. I told him I believed a 10-chang channel would be the very narrowest the largest river steamer could pass through in safety, and took the opportunity of suggesting that if the channel were left in the Collinson Reach barrier, and the Cambridge Reach barrier completed, trade would still go on much as usual; while, if found necessary, the former channel could be blocked as easily as the latter. I am now in hopes that the panic caused by the arrival of several French ships in Hong Kong waters has more or less passed off, and that the Imperial Commissioner charged with the coast defences may see fit to delay to the last moment the execution of an act which would have such serious consequences to trade generally. Should occasion require, I will send shortly a separate Report on the above subject.\n\nIn conclusion, I may add that there appears no cause of alarm for the safety of the foreign community here.\n\nI have, &c.\n\n(Signed) \n**H. F. HANCE**\n\nP.S.--Information has just been received from the Governor-General that the passage in the Cambridge Reach barrier will not be diminished in width, but be left as heretofore, i.e., with a width of 180 feet, or 15 chang.\n\n**H. F. H.**\n\n## Inclosure 2 in No. 1\n\n## Proclamation\n\nPêng, a junior guardian of the Heir-Apparent, Imperial Commissioner for the Coast Defences of Kwangtung, and a President of the Board of War. Chang, a junior guardian of the Heir-Apparent, by Imperial appointment charged with the coast defence of Kwangtung, and lately Governor-General of the Two Kwang. Chang, Governor of Shansi, and Acting Governor-General of the Two Kwang; and Ni, a Vice-President of the Board of War and Governor of Kwangtung.\n\nIn the matter of rewards offered,\n\n**BE it known** that the French have picked a quarrel with us, and have \"themselves rejected those who gave them birth and brought them up.\" Ungrateful for our kindness and condescension in cherishing them, and disregarding the laws of humanity, they have concentrated their forces and are eager for the fray. Ignoring right, and disregarding heaven, they have spied out our frontier and done injury to our dependencies.\n\nThe sacred benevolence was indulgent to them, and allowed them to make a Treaty and Regulations, which they forthwith broke and repudiated. At the affair of June last, at the Kwan-yin Bridge, at Liang Shan, they first wounded our envoys and then opened fire on and injured the Imperial troops, when we returned their fire. The double dealing is on their side. They know no repentance for the misfortunes they have caused, but, on the contrary, make exorbitant demands, and, covetously trying to extort an immense sum, think to get hold of our ports. They are cruel, overbearing, and covetous.\n\nHeaven's justice will not countenance them, and all the countries bounding the seas are aware that they are in the wrong. The scholars and people of Yueh have been known from early time for their loyalty and public spirit. Leaning on their spears and donning their armour they have long been eager to meet the enemy, but, standing in awe of their Sovereign's laws, they have not dared to drive [these enemies] out. The latter have now themselves begun the quarrel, and we publish the fact deliberately that the universal resolve of the soldiery and people may be, as it were, a wall, and that with one mind they may put forth their strength. Rewards will be given according to merit; and we will in no wise go back from our word in this matter. A tariff showing how the awards will be made is given below.\n\nExterminate these miserable slaves, and purify our borders of their stink. Let every one give awed attention to this Proclamation.\n\n| Reward Category | Reward Details |\n| --- | --- |\n| Capture and kill the French Commander-in-chief | 10,000 taels, rank of Major, and single-eyed peacock feather |\n| Capture and kill a French official wearing 7 stripes | 3,000 taels, single-eyed peacock feather, and rank of First Captain |\n| Capture and kill a French official wearing 5 stripes | 1,000 taels, blue plume, and rank of Second Captain |\n| Capture and kill a French official wearing 3 stripes | 500 taels, blue plume, and rank of Lieutenant |\n| Capture and kill a French regular | 200 taels, blue plume, and rank of Lieutenant |\n| Capture and kill an Annamese or Chinese mercenary hired by the French | 50 taels, blue plume, and rank of Sergeant |\n\n1. Any person, whether soldier or civilian, who can capture and kill the French Commander-in-chief, will, on bringing proof to that effect, receive a reward of 10,000 taels, and have the rank of Major and the single-eyed peacock feather secured to him.\n\nHe who takes and kills a French official wearing seven stripes will, on bringing proof to that effect, receive a reward of 3,000 taels, and have the single-eyed peacock feather and the rank of First Captain secured to him.\n\nHe who takes and kills a French official wearing five stripes will receive a reward of 1,000 taels, and have the blue plume and rank of Second Captain secured to him.\n\nFor a French official wearing three stripes a reward will be given of 500 taels, and the blue plume, and rank of Lieutenant will be secured to him. If [the person claiming the reward] has already substantive rank, he will have additional rank secured to him, and all brevets will be given at once [i.e., without waiting for Imperial sanction].\n\n2. Any persons, whether soldiers or civilians, who can capture and kill one of the French regulars, will receive a reward of 200 taels. He who takes and kills an Annamese or Chinese mercenary, hired by the French to fight, will receive a reward of 50 taels. Any one man who takes and kills several will receive an additional reward according to the number. The above will also be given the blue plume and the rank respectively of Lieutenant and Sergeant. Satisfactory proof must, however, be forthcoming, and foreigners of other nations must not be recklessly killed. The brevet for each rank award will be issued at once.\n\n3. When the French army invade the place, regulars and militiamen who succeed...", "txt_file_path": "txt/2diw2n4r2/CO129-219 Foreign Office 1884.txt", "external_url": "", "rank": 0 }, { "id": 327802, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-220 - Governor Sir Bowen - 1885 [1-3]", "page_number": 180, "title": "CO129-220 - Governor Sir Bowen - 1885 [1-3]", "content_text": "## C.\n\n0.\n\nvaluable Government scholarship. And here I may remark that the whole school is proud of Bosman, and masters and scholars alike wish him every success in his future career in England. The total number of scholars on the list last year was 558, much the same as usual, but the high daily average attendance deserves some notice. It was 412, the highest average that has been reached within the last six or seven years, and I think it may be accounted for by the increased interest excited in the boys by seeing the new college really begun, for they are anxious to retain their seats here with a view to securing their entry into the new college. The prize examination has just been completed. 379 boys were examined and 95 per cent passed. The four classes at the head of the school have shown decided improvement, the second class being conspicuously above the average; but owing to the changes of the masters caused by various circumstances, the work in the lower classes is not of a high order of merit, though a large number of boys have succeeded in passing. The Franco-Chinese war has had but very trifling effect on the school. In August three or four boys returned to Bias Bay and other coast ports, and half-a-dozen others went to Canton purposing to return after the Chinese new year.\n\nOur nine Annamese scholars returned to their native place earlier in the year. As the annual school report will shortly be published, I will not now go into the details of the changes in the staff of masters during the past year, but I cannot refrain from once again bearing testimony to the conscientious and successful labour of Mr. McKinney, of whose service the school was deprived by death last September. One little point I shall have to mention. Neither of the Belilios scholarships will be awarded this year. Although the examination was duly held and the boys have done their ordinary work, the Trustees are unable to come to a unanimous decision as to the awarding of the prizes, and therefore they prefer not awarding the scholarships at all this year. I just mention this lest it should be thought there was no boy deserving of the scholarships. I shall add nothing more, sir, but ask you to proceed. (Applause.)\n\nHis EXCELLENCY—Ladies and Gentlemen, it is with much satisfaction that I now for the second time preside at the annual distribution of prizes at this the chief educational establishment in this colony, in which nearly all the pupils are Chinese, and on which, as I announced last year, Her Majesty has been graciously pleased to confer the name of Victoria College. Among the three events of last year to which the Head Master referred just now, one most conspicuous event was the inauguration of the new and much more commodious building which is to replace the present edifice. I had much pleasure in laying the first stone of that building last April, and that ought to be considered a memorable day in the educational annals of Hongkong. I trust many generations of pupils will there be educated to reflect credit on themselves and also their native land. Another event of last year to which the Head Master referred was the presentation of an address, so gratifying to all concerned, to Mr. Stewart—(applause)—the late Head Master here. I have presided on many similar occasions, and I never knew one which was more satisfactory in every possible way. I think Mr. Stewart is to be highly congratulated on that well-deserved proof of the respect and affection of his former pupils. (Applause.) I am sure you have listened with great interest to the address just delivered by the Head Master. The general good conduct and proficiency of the pupils of this institution reflect much credit not only on themselves but also on the whole staff of Professors and Masters. You all know the reverence, amounting to almost religious worship, for fathers which is one of the most marked traits in the national character of the Chinese. So it was amongst the ancient Romans. Many of you know the ...\n\nPage 180\nPage 181", "txt_file_path": "txt/2diw2n4r2/CO129-220 - Governor Sir Bowen - 1885 [1-3].txt", "external_url": "", "rank": 0 }, { "id": 329866, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-224 - Foreign Office - 1885", "page_number": 189, "title": "CO129-224 - Foreign Office - 1885", "content_text": "## 201\n\n10\n\nConsul, Amoy, to forward a copy to the Colonial Secretary, Hong Kong, and I transmit a copy myself to Her Majesty's Secretary of State for Foreign Affairs.\n\nI have, &c.\n\n(Signed) \n**WM. DONALD SPENCE**\n\n## Inclosure 2 in No. 4.\n\n**Declaration by Yen A-shêng, Chinese sailor, \"évadé\" from French batteries, Kelung, January 10.**\n\nAPPEARED before me, W. Donald Spence, Acting Consul, Taiwan, this 26th January, 1885, Yen A-shêng, and having sworn, after the manner of his nation, to speak the truth, deposed as follows:-- \nMy name is Yen A-sheng. I am 31 years of age, from the Pescadores. I was employed in an Anping junk, and was returning from Fanghao with a cargo of firewood on the 26th November, when she was captured by a French ship and all hands (five) made prisoners. The junk was towed to Anping, and on the 29th November blown up.\n\nWe were transferred from one ship to another for the space of a month. I did not see many Chinese prisoners on board. The French were often engaged with junks, but I did not dare to look over the side. I was very well treated on board and got plenty of food; but they shaved our heads.\n\n(Witness' head clean shaved.---W. D. S.)\n\nFinally I was taken to Kelang. We were there twenty days. We were a gang of 120 prisoners, 90 of us being made to carry sand in buckets from the shore to the batteries. The rest were employed in the barracks. All night we were put in irons. The only food we got was the leavings of the Annamese, a bowl of old rice at a time, and very often not even that. We had not enough water to drink on days when there was no rain. There were over twenty French warders, mostly white men. Of the ninety Chinamen in the gang, seventeen fell out unable to work through illness and want of food, and they were all shot by the French. Two of my mates were shot. I saw them do it. One was my first cousin, Yen A-ch'in, aged 36; the other Chang A-cha, 35. They were unable to work, and the warder put a revolver to their ears and blew their brains out. I swear this is true. Men who could not work were progged by bayonets and made to work, and when that failed they were shot, some through the head, some through the chest. I saw them do it with my own eyes.\n\nAn attack was made on the French posts by Lin Yu-li on the 10th January with his trainbands. The French turned out to repel the attack, and all our warders went except six or seven. We were in a battery on the top of a hill, and thinking it a good chance to escape, made a rush over the crest and down the other side in the direction of the Chinese lines. I fell and sprained my wrist. We were fired upon, but sixty-seven out of the whole number, including myself, escaped.\n\nAll this I swear to be true.\n\nSworn before me, \n(Signed) \n**WM. DONALD SPENCE**, Acting Consul.\n\nX Mark.\n\n## Inclosure 3 in No. 4.\n\n**PARTICULARS of Damage to Junks by French Fleet off Formosa, January 1885.**\n\n| Date | District | Occurrence |\n|------------|-----------------|------------|\n| 1884. Dec. 21 | Hsia chu district | A French cruiser anchored at Hung Mao-kong with a junk in tow. She fired on another laden with Foochow poles, and drove her on to the shallows, where she was set on fire. Most of the crew killed, but some escaped. |\n| Dec. 31 | | At Hung-nanao five large junks and six small ones burnt and scuttled. |\n| 1885. Jan. 6 | | Large junk from Amoy, with miscellaneous cargo fired upon by French at Hung Mao-kong. She escaped, but two others and two fishing-boats were seized. Crews of all four made prisoners and junks turned adrift. |", "txt_file_path": "txt/2diw2n4r2/CO129-224 - Foreign Office - 1885.txt", "external_url": "", "rank": 0 }, { "id": 330030, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-224 - Foreign Office - 1885", "page_number": 353, "title": "CO129-224 - Foreign Office - 1885", "content_text": "The French contemplate taking possession of it.\n\n1.\n\nThe present ownership of the island is most uncertain. It lies some 20 miles or more from the Chinese Coast.\n\nThe occupation is mainly fishing, a term which in this part of China is almost identical with piracy, if occasion offers. The French Authorities may well say that as long as they are the nearest point on the island to the rulers of Tonquin & Cochin China, they cannot allow a stronghold in their neighbourhood to be occupied by anyone but themselves, as pirates may come thence to plunder Annamese junks & interfere with French commerce.\n\nThe inhabitants pay no taxes, nor is there any Chinese official in charge of them, except a military (or rather naval) official of low rank who is supposed to keep order among them.", "txt_file_path": "txt/2diw2n4r2/CO129-224 - Foreign Office - 1885.txt", "external_url": "", "rank": 0 }, { "id": 332862, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-230 - Public Offices & Others - 1886", "page_number": 216, "title": "CO129-230 - Public Offices & Others - 1886", "content_text": "21\n\n215\n\nthe Fourth Class, and the Star of the Second Class of the Order of the Crown of Italy, and having the rank of Under-Secretary of State for Foreign Affairs:\n\nTogether with Bruwaert, Consul of the First Class, Assistant-Commissioner for Treaty Negotiations, decorated with the Order of Gustav of Sweden of the Third Class, and the Order of Leopold of Belgium of the Fifth Class:\n\nAfter having communicated to each other their respective full powers and found them to be in due form, have accordingly concluded the following Articles :-\n\nARTICLE I.\n\nIt is arranged between the two Governments that whereas, in conformity with the provisions of Article V of the new Treaty, two places should now be indicated, one some point above Pan-sheng (Laokai), the other, some point to the north of Langson, at which the Chinese Government shall establish Customs for purposes of trade, and shall consent to the immediate appointment of Consuls by the French Government; and these French Consuls shall enjoy the same privileges and advantages as the Consuls of the most favoured nation.\n\nInasmuch as at the present date of signature, the Boundary Commissioners of the two Governments have not yet determined at what point north of Langson a trading centre should be opened, it shall be incumbent upon the Chinese Government to select such place in consultation with the French Representative in China within the present year. As regards the place to the north of Laokai to be opened to foreign trade, this shall also be fixed upon in consultation when the frontiers of the two countries shall have been inspected and determined.\n\nARTICLE II.\n\nThe Chinese Government is at liberty to establish Consuls at Hanoi and Haiphong, and shall hereafter consider with the Government of France the appointment of Consuls to reside at the large cities or towns in other parts of Tonquin. The treatment accorded by France to such Consuls and the privileges and advantages enjoyed by them shall be similar in every respect to the treatment and privileges accorded by France to the Consuls of the most favoured nation. They shall transact their official business with the high officer (or officers) appointed by the French Government as \"Protector\" (or \"Protectors\").\n\nARTICLE III.\n\nBoth Governments undertake that upon the arrival of a Consul appointed by either Power to take up his official residence, assistance shall be rendered by the local authorities of either Government in the maintenance or preservation of the public offices in which he resides.\n\nWhen French merchants or citizens visit the places open to trade on the Chinese frontier, the action taken shall in all cases be that laid down in the VIIth, Xth, XIth, and XIIth Articles of the Treaty between China and France, dated the 27th day of June, 1858. When Annamese subjects visit the places open to trade on the Chinese frontier, the same treatment shall be accorded them by the Chinese Government.\n\nARTICLE IV.\n\nChinese subjects shall be permitted to purchase land, erect houses or establish places of business in any part of Annam, and shall receive full protection for their person and property. They shall on no account be treated with harshness or tyranny, nor shall any restraint be put upon them; there shall be no difference whatever between the treatment accorded to them and that enjoyed by the subjects of the most favoured western nation.\n\nThe official or private correspondence and telegrams of Chinese officials and merchants dispatched or received through the French post offices or telegraph offices shall be sent and delivered in the same manner as other correspondence, and shall not be subjected to any hindrance. The treatment of French citizens by the Chinese Government shall be equally liberal in this respect.\n\nARTICLE V.\n\nIn the event of French citizens or persons under French protection, as well as the subjects or citizens of other nationalities residing in Tonquin, wishing to cross the frontier into Chinese territory, the French authorities shall satisfy themselves of the respecta-\n\n[852]\n\nG", "txt_file_path": "txt/2diw2n4r2/CO129-230 - Public Offices & Others - 1886.txt", "external_url": "", "rank": 0 }, { "id": 332864, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-230 - Public Offices & Others - 1886", "page_number": 218, "title": "CO129-230 - Public Offices & Others - 1886", "content_text": "24 \n\n25 \n\nShould accurate proof be obtained of an intent being present to defraud when passing the goods over the frontier, by reporting less than there actually are for duty, with the object of securing a reduction in the amount levied, the whole of the goods in question shall be confiscated. All goods which, unaccompanied by a permit from the Superintendent of Customs, are clandestinely conveyed across the frontier, or discharged, or sent round by circuitous routes, or broken up into parcels for sale, or are attempted to be smuggled in any other way, shall be liable to confiscation.\n\nAny merchants applying at the Customs for a transit pass who shall, with intent to defraud, furnish a false statement of the description or number of his goods, or whose declaration of the place of origin and destination show discrepancies, shall have all such goods confiscated. As regards the manner of investigating and dealing with such cases, the course of action to be pursued shall be that laid down in the Regulations bearing date the 29th day of May, 1868.\n\nIn the case of goods condemned to confiscation, should the merchant wish to pay the value thereof to the authorities, he will be permitted to do so at a valuation arrived at with the Chinese authorities.\n\nThe Chinese authorities shall be at liberty to adopt the means that they may judge most proper for the prevention of smuggling along the Chinese frontier.\n\nChinese, French, and Annamese boats or junks plying on the waterways shall not be required to discharge their cargoes ashore upon passing the barriers of either Power if the pass and cargo correspond, and there are no other irregularities. The Customs will only send an agent on board to inspect the goods.\n\nARTICLE XI.\n\nChinese produce entering Tonquin from the land side shall pay import duty in accordance with the French Customs Tariff, but all such produce intended for export shall be exempt from duty.\n\nShould the French Government thereafter frame a new Customs Tariff or Rules for Tonquin these shall be duly communicated to the Chinese Government, and if in time to come special duties shall be fixed in Tonquin upon certain articles of local products worked up into manufactures, or upon \"certified\" gold or silver, Chinese articles of the same description shall be similarly taxed upon importation into Tonquin.\n\nARTICLE XII.\n\nAll native produce passing through Tonquin in process of conveyance from one Chinese Frontier Customs to the other, and all native produce sent back to China from either frontier Customs by way of any seaport in Annam, shall pay the transit duty for Tonquin laid down in the French Tariff, but such transit duty shall not exceed 2 per cent. ad valorem. The above produce shall, after leaving Chinese territory, be inspected by the French Customs, who will issue a certificate, which shall contain a specification of the goods and of the number and destination thereof. The holder of this certificate will produce it at the demand of any French official en route, and also on arrival at the maritime port. With a view to the prevention of smuggling, all such produce shall pay the regular import duty in advance upon entry into Tonquin. A receipt for this duty will be issued by the French Customs, which will be presented for inspection on the arrival of the goods at the seaport or frontier Customs, as the case may be. The French Customs will then deduct the transit duty from the regular import duty, and return the balance to the holder of the receipt, who will thereupon surrender his receipt for cancellation.\n\nInasmuch as the arrangement for the transit of this native produce across Tonquin is a novel one, should proof positive be discovered that the merchant concerned has, with intent to defraud, made a false declaration of the description and numbers of the goods, or should their place of origin and destination be found not to correspond with the particulars given, the whole of such goods shall be confiscated.\n\nShould the merchant wish to pay to the authorities the money value of goods condemned to confiscation, he is at liberty to do so at a value arrived at with the French authorities.\n\nThe arrangement specified above for taxation in transitu shall be applied to all Chinese produce in transitu through Annam, that has been exported through any of the maritime Customs establishments to a seaport in Annam, and thence conveyed through Tonquin to the Chinese Frontier Customs.\n\nARTICLE XIII.\n\nThe following articles shall be granted a duty exemption certificate by the Chinese Frontier Customs, provided that they are found after inspection to be of bona fide foreign origin, are for the personal use of foreigners, and are in reasonable quantities:---\n\nGold and silver bullion, foreign coins, flour, Indian meal, sago, biscuits, preserved meats and vegetables, cheese, butter, confectionery, foreign clothing, jewellery, plated ware, perfumery, soaps of all kinds, charcoal, firewood, candles, foreign tobacco and cigars, foreign wine (beer, spirits), household stores, ships' stores, personal baggage, stationery, carpeting, druggeting, cutlery, foreign medicines, and glass and crystal ware.\n\nBut if such articles are not reported for inspection; or if they are clandestinely conveyed elsewhere, the same penalties will be enforced as those provided in the case of foreign merchandise.\n\nIf imported into the interior, with the exception of gold and silver bullion, foreign coins, and personal baggage, they will, in spite of the fact that they are for the personal use of foreigners and insignificant in quantity, pay an inland duty at the rate of 2½ per cent. ad valorem.\n\nChinese subjects passing the Tonquin Frontier Customs outwards or inwards will not be required to pay duty at the French Customs upon any money, personal baggage, clothes, jewellery, pens, ink, and stationery, books, personal appliances or articles of food they may have with them.\n\nAll articles imported by Chinese Consuls for their personal use will similarly be free from duty.\n\nARTICLE XIV.\n\nBoth Governments engage that neither foreign nor native opium shall be allowed to be conveyed overland across the frontiers of Tonquin and Yunnan, Kuang-tung, and Kuang-si for purchase or sale.\n\nARTICLE XV.\n\nThe export of rice or other grain across the Chinese frontier is prohibited, but if imported through the Chinese Frontier Customs it will be exempt from duty.\n\nThe import of gunpowder, shot, fire-arms, cannon, saltpetre, sulphur, and spelter, with all munitions of war, salt, or any articles destructive of morality, is forbidden under penalty of entire confiscation.\n\nMunitions of war procured by Chinese officials, or by merchants who have received special written authority to purchase such, must be inspected and duly verified at the Customs before they can be allowed to pass.\n\nThe Chinese high authorities will be at liberty hereafter, after consultation with the French Consuls, to pass arms and munitions of war through Tonquin across the frontier, and under these conditions they shall be entirely exempt from duty at the French Customs.\n\nSimilarly, the import is prohibited into Tonquin of all arms and munitions of war, together with any articles destructive of public morality.\n\nARTICLE XVI.\n\nChinese merchants and subjects, temporarily residing in Annam, who may be concerned in cases of homicide, revenue cases, or litigation generally, shall receive the same treatment as that accorded by France to the merchants and subjects of the most favoured nation.\n\nDisputes between Chinese subjects and French citizens or Annamese, residing at the places on the frontier open to trade, shall be jointly tried by Chinese and French officials.\n\nOffences, whether serious or trivial, committed by French citizens or persons under French protection at the places open to trade, shall be dealt with in the manner laid down in Articles XXXVIII and XXXIX of the Treaty of 1858.\n\nARTICLE XVII.\n\nIf Chinese subjects, at places on the Chinese frontier to be opened to foreign trade, who are guilty of any offence whatsoever against the laws of China, shall take refuge in French houses or on board French ships, or in the houses or ships of persons under the French protection, they shall not be harboured or concealed, but shall be given up to the Chinese authorities.\n\n[352]\n\nH\n\n217", "txt_file_path": "txt/2diw2n4r2/CO129-230 - Public Offices & Others - 1886.txt", "external_url": "", "rank": 0 }, { "id": 333688, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-231 - Acting Governor Marsh - 1887 [1-3]", "page_number": 511, "title": "CO129-231 - Acting Governor Marsh - 1887 [1-3]", "content_text": "Enclosure 2.\n\nREPORT BY THE ATTORNEY GENERAL ON ORDINANCE No. RCCB C. O. 505 2.7 OF 1887\n\nATTORNEY GENERAL'S OFFICE,\n\nthe 2nd March 1887.\n\nI have examined the accompanying Ordinance, entitled \"An Ordinance to remove doubts as to the application of Ordinance No. 2 of 1875;\" and I am of opinion that the Ordinance is one which is not contrary to the Governor's Instructions.\n\nBefore the Assizes in which the accused was charged with unlawfully detaining two Annamese women, the Chief Justice decided that Ordinance No. 2 of 1875 did not apply to Chinese women. This Ordinance was therefore introduced to remove all doubt on this point.\n\nEdw. J. Ackroyd,\n\nActing Attorney General", "txt_file_path": "txt/2diw2n4r2/CO129-231 - Acting Governor Marsh - 1887 [1-3].txt", "external_url": "", "rank": 0 }, { "id": 335825, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-235 - Public Offices - 1887", "page_number": 441, "title": "CO129-235 - Public Offices - 1887", "content_text": "# Frontier Treaty between France and China\n\n## Sent home in Mr. Alabaster's No. 13 of August 17, 1887.--(Received at the Foreign Office, September 19.)\n\n**(Translation.)**\n\nWHEREAS on the 9th day of June, 1885, His Majesty the Emperor of China and the President of the French Republic dispatched Commissioners personally to fix the boundary of China and Tonquin, and these Commissioners having returned on the completion of their labours, and His Majesty the Emperor of China having deputed Ching, Prince of the Second Order, President of the Tsung-li Yamên, and Sun, Minister of the Tsung-li Yamên, Senior Vice-President of the Board of Works; and the President of the French Republic, M. Constans, Member of the Chamber of Deputies, several times Minister for the Interior, Envoy Extraordinary and Minister Plenipotentiary to the Court of Peking, to be Plenipotentiaries to effect a permanent and satisfactory settlement of the boundary question, the Arrangement arrived at by these Plenipotentiaries is as follows:-\n\n## I.\n\nThe Reports of the Delimitation Commissioners of the two countries, and the Maps of the frontier constructed by them, under their respective hands and seals, having been duly compared, are hereby approved.\n\n## II.\n\nThose points regarding which the Delimitation Commissioners are not in accord and those points contained in the final clauses of Article III of the Treaty of the 9th June, 1885, which require alteration, have been settled in the three following Articles:\n\n1. It is agreed, in reference to the boundary of the Province of Kwang-tung, as the Commissioners decided, that those places to the east of Mangkai and in a north-east direction, which have been under discussion, shall fall under the jurisdiction of China; that those islands which lie to the east of the red line laid down by the Delimitation Commissioners (such red line in a southerly direction directly crossing the hilltop to the south of Ch'a-Kuo-hsieb,* and constituting the boundary-line) shall fall to China, and that the Island of Chiu-t'ou-shan, called in Annamese Gotto, and the other small islands, shall fall to Annam.\n\nShould Chinese criminals escape to the Gotto and other islands, the French authorities shall, in accordance with the XVIIth Article of the Treaty of the 25th April, 1886, search for, arrest, and deliver them up.\n\n2. With reference to Chart No. 2, dealing with the frontier of Yunnan and Annam, from Kou-t'on-chai on the left bank of the Hsiao-tu-chou River, and marked on the Map with the character P, from west to east for a distance of over 50 li, and Chü-cha-hsieh, also called Chu-chiang-hsieh, Chu-mei-hsieh, and Chiang-fei-hsieh, also called Cha-fei-hsieh, shall belong to China. Viu-p'êng-hsieh, to the south, shall belong to Annam. From the character 2 to the character A, from west to east, the frontier of China and Annam crosses two rivers, which unite and enter the Ta-tu-chou River, also called the Hei Ho, from south-east for a distance of about 15 li to Nan-tan, to the north of the character T. Nan-têng-ho, Man-mei, Mêng-tung-shang-ts'un, Mêng-tung-shan, Mêng-tung-chung-ts'un, and Mêng-tung-hsia-ts'un, which lie to the south of the frontier-line as laid down in the Chart from the character T north-east to Mêng-tung-hsia-ts'un, All to the south of these fall to China. marked with the character, fall to Annam.\n\nFrom Mêng-tung-hsia-ts'un, marked, across the Ching-shui-ho at its junction with the Ta-ho, marked E, the centre of the river shall form the boundary. From ... to the centre of the Ta-ho shall form the boundary. Chuan-t'ou, which lies to the west of the river, falls to China, while Pien-ma-chai, to the east of the river, falls to Annam. From ... northwards to ..., passing Lao-yi-k'an to Pai-shih-ai, shall be equally divided between China and Annam. To the east of Pai-shih-ai and Lao-yi-k'an will fall to Annam; to the west, to China, that is, from the character ... northwards by way of Pien-pa-chia to the centre of Pei-pao and the east bank of the small river which enters the Ta-ho straight to Kao-ma-pai, marked on the Map with the character E, and to the end of the Delimitation Commissioners' Chart No. 2.\n\n3. On Chart No. 5 of Yunnan and Annam the boundary, starting from Lung-po-chai, crosses the Lung-po River to the point where the Ching-shui River enters the Lung-po River, and marked on the Map with the character P, and from north-east to south-east as far as the junction of the Mien-shui-wan with the Shai-chiang River, and marked on the Map with the character Z. By this boundary the Ching-shui and Mien-shui-wan Rivers fall to China. From the character Z the boundary runs straight west to the Têng-tiao River to the south of Ta-shu-chiao. To the south of the boundary-line on the Chart falls to Annam; to the north to China. From the character ... to the junction of the Chin-tzu River with the Têng-tiao River, the centre of the river constitutes the boundary. From T it crosses the Chin-tzü River for a distance of over 30 li, and westward to the character ... on the Map. This boundary stretches eastward of Mêng-pang-tu to the small river which flows into the Hei-chiang to the character ... on the Map. The centre of the river between the character ... and ... forms the boundary. Westward of E, the centre of the Hei-chiang constitutes the boundary.\n\nThis is in accordance with the Maps constructed by the Delimitation Commissioners as well as by the boundary-line marked as above.\n\nThe Chinese local authorities and officers deputed by the Resident of the French Republic in Annam shall jointly erect boundary stones.\n\nThe boundary Maps now signed are made out in duplicate, each consisting of three sheets, and have been duly drawn up, signed, and sealed by the Plenipotentiaries of the two countries. The red line denotes the new boundary. The Maps of the Yunnan boundary are, for convenience of reference, marked with the French letters (a), (b), (c), &c., and the Chinese character P, &c.\n\n## Correspondence between the Minister for France and the Tsung-li Yamên explaining certain points on the New Treaty.\n\n**(Translation.)**\n\nThe Prince and Ministers to the Minister for France,\n\nOn the 25th April, 1886, the Prince and Ministers discussed with the Minister for France nineteen Regulations for the conduct of the frontier trade between China and Annam, and, on the 9th June, 1885, a new Treaty of ten Articles between China and France was concluded. Both parties have, after consultation, agreed that the Treaty and Regulations are in some parts wanting in explicitness and that slight modifications are required in some parts, and they have accordingly concluded a Special Commercial Treaty of ten Articles and a Special Treaty of four Articles dealing with frontier affairs. These have been translated, signed, and sealed; but there are three points that require to be clearly and distinctly stated on both sides:---\n\n1. By the previous Treaty, China might appoint Consuls at the chief towns in Tonquin. This matter having been under discussion by both parties, China consents that the appointment of such Consuls shall be temporarily delayed until both countries are agreed that the state of the country permits of such appointment.\n\n2. When China appoints Consuls to Hanoi and Haifong, France shall be at liberty to appoint Consuls to the capitals of the two Provinces of Yünnan and Kwang-si.\n\n3. Lung-chow, Mông-tzu, and Man-hao, to which China agrees that France may appoint two Consuls and a Consular officer respectively, are only overland trading centres, and settlements such as those at Shanghae and other open ports will not be allowed.\n\nThese three points, although not inserted in the Special Supplementary Treaty, will be respected equally with the contents of the Treaty itself.\n\nThe Prince and Ministers have the honour to request that the French Minister will be pleased to reply to this special despatch so that the reply may be placed on record.\n\n**(Translation.)**\n\nThe Minister for France to the Prince and Ministers.\n\nThe Minister for France has the honour to acknowledge the receipt on the 23rd June, 1887, of a despatch from the Prince and Ministers stating that there are three points, not contained in the Supplementary Treaty, which it is now proposed to modify.\n\n[Quotes the Yamên's despatch.]\n\nThe despatch under acknowledgment affords satisfactory proof that, at the time that both parties were discussing and concluding terms, there was perfect agreement between the Minister for France and the Prince and Ministers regarding the three points mentioned above.\n\nPage 10\n438", "txt_file_path": "txt/2diw2n4r2/CO129-235 - Public Offices - 1887.txt", "external_url": "", "rank": 0 }, { "id": 336466, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-237 - Governor Des Voeus Acting Governor Stewart - 1888 [1-6]", "page_number": 182, "title": "CO129-237 - Governor Des Voeus Acting Governor Stewart - 1888 [1-6]", "content_text": "## Article II \nThis merely fulfils a stipulation in the Treaty of 26 April, 1886 whereby China agreed to open two ports, on the Chinese frontier, to trade, with the further concession that a third port has been granted. Thus Long tcheon in Kwangsi and Mong-tsze in Yunnan are the two ports in compliance with the original Agreement, while Man hao, which lies between those two ports, has been added to the number.\n\n## Article III \nIn the Treaty of 1886 Concessions were made to France of certain rebates from the general Tariffs of the Maritime Customs, these have been further increased under the Convention and the following reductions are provisionally permitted.\n\n| Category | Under Treaty | Under Convention | Further advantage to France |\n| --- | --- | --- | --- |\n| Imports | a rebate of 3/10th | 1/5th | 10% |\n| Exports | a rebate of 14/10th | 1/3.0 | 60,000 |\n\n66% goods are exempt.\n\n## Article IV \nUnder the Treaty of 1886 the products of China, on exportation from Annamese Ports, were free from all import at the French Custom to whatever destination they might be sent. Now, by the Convention, only such goods destined for Ports in China.\n\n## Article V \nCommits the export of Chinese grown Opium to Tonquin, through the land Frontier only, on payment of duty at the rate of taels 20 per 100th Chinese. A locality limit is placed on the purchase of Native Opium by French Merchants and their Agents, such dealings are confined to the three Treaty Frontier Ports named in Article II.\n\n## Article VI \nRegulates the traffic on the Long Ki-Kong and Kao-Bang Rivers; Merchant vessels are required to pay to the Chinese Imperial Customs five Candareens per ton on their Tonnage for each journey. Permission is also given for the land carriage of goods.", "txt_file_path": "txt/2diw2n4r2/CO129-237 - Governor Des Voeus Acting Governor Stewart - 1888 [1-6].txt", "external_url": "", "rank": 0 }, { "id": 336467, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-237 - Governor Des Voeus Acting Governor Stewart - 1888 [1-6]", "page_number": 183, "title": "CO129-237 - Governor Des Voeus Acting Governor Stewart - 1888 [1-6]", "content_text": "imported into China by the Mandarin Road from Kang 6 long-tokeon. The provisions of this Article are not incorporated in the Treaty of 1886. Article VII & the **favored Nation** clause, having also particular reference concessions that may be granted by China to other countries situated to the South and South West of the Chinese Empire. The Concessions made under the Convention may be summarised as follows:\n\n| France gained | China gained |\n| --- | --- |\n| (a) Four Additional open Ports | (a) the right to export Native grown Opium to Tonquin on payment of taels 20 per picul duty. |\n| (b) A further reduction of 10% on Import and Export of 6/10% from the Maritime Customs Tariff | (b) Tonnage dues at the rate of 5 Candareens per ton on Merchant vessels using the rivers Ki-Kong and Lang-Kong. |\n\nThese amendments of the Treaty of 1886 bring forcibly home to the Committee the great advantages that France has obtained and which it is her intention to make the most of, judging from the action she has taken to control the trade for her own manufactures, to the exclusion of all other nationalities. It may however happen that a too restrictive policy will, to some extent, defeat this end.\n\nFor many of the Articles of Commerce required by the Annamese and Tonquinese are produced more cheaply elsewhere than in France, the Annamese being far from a wealthy people.", "txt_file_path": "txt/2diw2n4r2/CO129-237 - Governor Des Voeus Acting Governor Stewart - 1888 [1-6].txt", "external_url": "", "rank": 0 }, { "id": 336468, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-237 - Governor Des Voeus Acting Governor Stewart - 1888 [1-6]", "page_number": 184, "title": "CO129-237 - Governor Des Voeus Acting Governor Stewart - 1888 [1-6]", "content_text": "That people cannot afford the heavy imports likely to be levied by the French Customs. The consumption of goods imported into China by the new route will also be restricted, notwithstanding the concessions in the Chinese Tariffs, by a too grasping fiscal legislation. Articles that France does not produce may benefit other nationalities. On the other hand, an enlightened policy in the way of import duties on special manufactures would undoubtedly divert a large trade to the new route.\n\nThe exports may be subject to similar reasoning, with this difference, that perhaps there may not be such strong inducements for France to frame a heavy differential tariff against export as undoubtedly is shown with import. The low duties on Opium call for remark. It would seem that China is to favor the growth of this product and its own revenue, at the expense of the Chinese people, for, although the Native drug may be less potent than Indian, the low cost of Chinese will commend itself to the Annamese, and later the effects on a people not generally much accredited with energy of character may become apparent. The continuous and unusual efforts of the Chinese Government directed against the import of Indian Opium apparently receive illustration here, but it is not supposed to be actuated by the high moral motives that are attributed to their opposition.\n\nThe Committee, on behalf of the Chamber, would most strongly urge upon Majesty's Government the paramount necessity that exists to neutralize the advantages obtained by France under this Treaty and Convention. If this cannot be obtained under the favored Nation clause, owing to British Commerce not enjoying identically the same frontier advantages...", "txt_file_path": "txt/2diw2n4r2/CO129-237 - Governor Des Voeus Acting Governor Stewart - 1888 [1-6].txt", "external_url": "", "rank": 0 }, { "id": 374435, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-295 - Public Offices - 1899", "page_number": 508, "title": "CO129-295 - Public Offices - 1899", "content_text": "AFFAIRS OF CHINA.\n\nCONFIDENTIAL.\n\n[August 7.]\n\nSECTION 4.\n\n505\n\nNo. 1.\n\nMr. Bax-Ironside to the Marquess of Salisbury.(Received August 7.)\n\n(No. 161. Confidential.) My Lord,\n\nPeking, June 13, 1899.\n\nI HAVE the honour to transmit herewith copy of a despatch from Her Majesty's Consul at Canton, reporting on French proceedings at Kuang-chou-wan, illustrated by a sketch map.\n\nI have, &c.\n\n(Signed) H. BAX-IRONSIDE.\n\nInclosure in No. 1.\n\nConsul Mansfield to Mr. Bax-Ironside.\n\n(No. 25. Confidential.) Sir,\n\nCanton, May 30, 1899.\n\nI HAVE for some time been trying to get some information as to the doings of the French at Kuang-chou-wan, and have at last gathered a few items from the owner of a large steam launch which is now flying from here under the Inland Waters Regulations. I inclose a sketch map taken from the Admiralty Chart and other sources to illustrate my remarks. The dotted red lines show roughly the ground at present occupied by the French, but there are indications that very considerable extension is shortly contemplated. The civil officer in charge is M. Louis Massé, lately \"Administrateur des Affaires Indigènes\" at Vinklong, Cochin China. As is generally the case in French Colonies, there is much friction between the Military and Civil Administrations. M. Massé has just started on an expedition nominally for surveying purposes right across the Peninsula to Umpo (An-pu). He is accompanied by 150 men and 2 field guns. This bears out a remark which was dropped by the French Consul in conversation with me that they had or were going to extend their territory across the Peninsula. I asked him if they were going to take the whole Peninsula and Hainan, but he said \"No;\" that these places were of no value. It seems, therefore, very probable that their objective is the whole of the coast line of Kuang-tung from Umpo to the Tonquin frontier with territory stretching north to the West River, possibly as far as Nanning-fu. M. Doumer, the Governor-General of Indo-China, is expected in Kuang-chou-wan with the Admiral this week, and I am told an additional force of 500 men is due there shortly. The present force is said to be 3,000 men, French and Annamese, and they are encamped on Nan Chou Island, at Sha Ton, a small town near the entrance of the river or inlet which forms the commencement of the boundary between the Kao Chou and Lei Chou Prefectures, and elsewhere. The feeling among the natives towards the French is extremely hostile, and the latter have the greatest difficulty in obtaining labourers.\n\nThere is no town of importance in the territory so far occupied, and no foreign bottoms ply to the port except men-of-war and the large steam launch from here. Negotiations are going on to subsidize this launch, so as to establish regular communication with Macao or Hong Kong.\n\nThe prefectural city of Lei Chou, which is so far outside the French territory, lies some 15 miles up a navigable river, and is a town of some 5,000 inhabitants. The river has been surveyed by the French. There is a fair amount of trade which is carried entirely in junks, the principal articles of export being dunnage mats, used for packing sugar, and grass cloth, the rhea grass for which is grown in the neighbourhood. Cattle, pigs, and ponies are raised in the Peninsula, which has good grazing grounds, and to my surprise, I was informed that sheep also flourish there. Some time ago, I was informed that the natives of Lei Chou were very anxious that the port should be thrown open and that it was proposed that some of the Notables should present me with a petition on the subject offering every facility to foreigners who would go there. The petition has not, however, made its appearance. The idea was, no doubt,\n\n[2140 c-4]", "txt_file_path": "txt/2diw2n4r2/CO129-295 - Public Offices - 1899.txt", "external_url": "", "rank": 0 }, { "id": 383137, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-308 - Public Offices - 1901", "page_number": 282, "title": "CO129-308 - Public Offices - 1901", "content_text": "3\n\n280\n\n2\n\nobjection to such high-handed proceedings, apparently considering, and perhaps rightly, that he has no power to render such protest effective.\n\nEarly in June last the Customs preventive officials effected the arrest near Macao of a launch which was landing opium on the coast. On examination it was found that, besides the five chests already placed in small landing boats, there were on board 17 other chests. On being challenged by the Customs cruiser she hoisted the French flag, and it was found afterwards that she possessed two sets of papers, one set having been issued in Kuang-chou Wan, and the other to her Chinese owners in Hong Kong. The steamer and her cargo having been arrested, arrangements were made for a joint investigation, as the launch claimed protection from the French Consul at Canton. This claim was admitted by the French Consul, and a joint investigation was held by the Hoppo's Deputy, with the Commissioner of Customs as his adviser, and M. Hardouin, the French Consul. The Court failed to come to any decision as to the question of nationality raised by the Chinese authorities, and the case has now, on that point only, been referred to the superior authorities at Peking,\n\nto afford free attendance and medicines to natives and others.\n\nThat his work with others\" is not severe, may be gathered from the fact that the number of foreign residents of all nationalities is put at sixty. In Mengtse a doctor is attached to the French Consulate. In Lungchow, which was opened at the same time as Mengtse to Franco-Annamese trade by the Franco-Chinese Treaty of the 26th June, 1887, a medical officer belongs to the staff of the French Consul, who has also the services of a \"chancelier,\" an interpreter, and a writer.\n\nPakhoi, together with Tung-hing (or Tung-hsing), where a subordinate officer resides, is the post of M. Liébert (now attached to the French Legation at Peking). The present French Consular Representative is M. Flayelle, who was formerly in Canton. A French medical officer is attached to the post. At Mengtse there is an Acting French Consul, and at Ssumao a Vice-Consul, each of whom has a medical officer. M. François has recently returned to Yünnan-fu, where his former experiences were not encouraging.\n\nI paid a visit to Haiphong (in Tongking), the trade between which and Hong Kong is now almost exclusively in French hands, thanks to the protection system which has all but ousted the British flag from those waters. Except for a palatial hotel, cafés, public squares with band-stands and broad boulevards, there is little in the general appearance of Haiphong to foreshadow a brilliant future for trade or commerce.\n\nAt Canton M. Hardouin, formerly in Siam and a protégé of M. Doumer, is French Consul. Since his arrival he has exhibited considerable energy, not to say arbitrary and high-handed conduct, in his dealings with the Viceroy of the two Kwang Provinces. Demands for heavy compensation to French converts have been put forward in summary fashion, and the present Viceroy is said to have yielded in every case. M. Hardouin has a large and pretentious house on Shameen, the European concession of Canton. Four French gun-boats are at present between Canton and the West River, viz., the \"Vigilant,\" \"Argus,\" \"Avalanche,\" and \"Styx,\" the two former of which have recently been built expressly for navigation on the West River by Messrs. Thornycroft. They are of the \"Woodcock\" and \"Woodlark\" class, which we have on the Yang-tsze. The \"Argus\" is now preparing to start for Nanning-fu, and much interest is evinced in the forthcoming race between that vessel and His Majesty's ship \"Sandpiper,\" to be the first to reach the hitherto inaccessible city, of which we have as yet little definite information. I am told that the French Bishop has recently established himself there. Mr. B. Twyman, Vice-Consul at Canton, is to accompany the \"Sandpiper\" as soon as the water has sufficiently risen to enable her to ascend the river beyond Wuchow,\n\nTill now, the waters round the Anglo-French concession of Shameen have been controlled by the Chinese, and no exclusive buoys have been allowed to be placed in the river. The French have recently refused to allow the Imperial Maritime Customs on board, even for purposes of berthing their vessels, and have further declared their intention of placing their own buoys in the vicinity of the French Consulate. If persisted in, this new departure will have far-reaching results.\n\nA large French Yamên has recently been erected in the Chinese \"old\" city, in which free education in French is offered to the natives. A medical officer is also attached to the Consulate. A French (mission) Cathedral, Roman Catholic, in the Chinese city, is a most conspicuous land-mark from every side of Canton.\n\n23\n\nnew\n\nIt is currently reported that both the French and the Germans are casting longing eyes on Honam Island, opposite to Shameen, with a view to obtaining separate concessions, and some colour is lent to the story by the fact that several buildings have lately been erected by the Germans on that side.\n\nMy discursive observations on French activity in South China ought to be followed by one word about our attitude with reference to it. Our Consuls at Pakhoi and Kiungchow have little or no Consular work, and their only raison d'être would appear to be to act as watch dogs on the French in their districts. Little effort has been made, as far as I know, in the past by our Consular officers at those ports to travel into the interior and to gain the only information which might conceivably be of use to His Majesty's Government.\n\nUnless they are given facilities for journeys into the interior, where they can establish personal relations with the Chinese provincial authorities, whom they now never see, as well as for the purpose of realizing the extent of French propaganda, I cannot well understand the use of retaining a Consul at either place, in spite of the attractions of the excellent houses provided by the Office of Works.\n\n[2147 -4]\n\nB 2", "txt_file_path": "txt/2diw2n4r2/CO129-308 - Public Offices - 1901.txt", "external_url": "", "rank": 0 }, { "id": 395236, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-326 - Foreign Office - 1904", "page_number": 573, "title": "CO129-326 - Foreign Office - 1904", "content_text": "570\n\n4\n\n\"Little\" and the \"Great\" East Gates. The western limit of this, the first suggested \"Gare de Yunnan-sen\" is a paved road that runs due south at about a third of a mile from the eastern wall, and joins at right angles a second and wider stone road coming from opposite the approach to the South Gate.\n\n33\n\nThis latter road crosses by the \"Bridge of Victory\" a stream that may be destined to play a not unimportant part in the coming commerce of Yunnan-fu. The stream will be seen to meander through the plain from the local Black Dragon fount - there is a Hei-lung-t'an near every place of consequence in Yunnan - on the north-east till it strikes the city precincts near the Little East Gate.\n\nThence it runs, not far from the wall, in a fairly straight course till it is well past the city, after which it resumes its wandering ways until it is finally merged in the Yunnan Lake. Meanwhile, about a mile south of the city, it has put out a channel running westward, a channel that also eventually leads to the lake. The new gare will be found marked as extending along the east of the parent stream, from the Bridge of Victory to the parting of the channels. I may mention here that I have just been told by my colleague of France that this emplacement of the \"gare\" has been accepted by the local authorities.\n\nIt is proposed to canalize the stream by means of locks, and so to obtain a head of water sufficient to enable small steam-tugs to bring boats up from the lake to alongside the railway station. As coal good enough for use in railway engines has been discovered among the hills west of the lake, whence, too, abundance of building stone is to be had, as, moreover, a ferry service could thus be maintained with K'unyang and other places on the lake, the advantages to be gained by this project of canalization are obvious. Whether the project is practicable, however, I have not yet learnt on good authority.\n\nIt is also proposed by the French to induce the officials to set apart all the ground between the \"gare\" and, at any rate, the western channel to the lake as a sort of European, or at least Europeanized, Settlement. The northern strip along the great paved road from the South Gate to the Bridge of Victory, a strip already largely taken up with Chinese houses, would be left to Chinese dirt and disorder, but the bulk of the ground would be laid out in foreign fashion, with straight broad roads that should be kept clear of offal, dogs, pigs, and intermittent paving stones.\n\nFrance, however, by M. Constans, her former Minister at Peking, renounced the right to demand a concession or settlement at any Treaty port where she did not then (1887) possess one; and Yunnan-fu is not yet even a Treaty port. Moreover, as was shown the other day, when negotiations for the \"gare\" were in progress, the Local Government demur to the acquisition of land here by foreign traders. It is certain, nevertheless, that on the completion of the railway Yunnan-fu will become, in reality if not in name, an open mart; and, meanwhile, the necessity of a \"magasin\" for the railway employés will be maintained, and will lead to the introduction of a foreign - that is, of course, a French - store, just as somewhat similar conditions led to the establishment at Peking in the seventies of Kiérulff's and Vrard's hotels. The Chinese will become gradually aware that the arrival of the first locomotive must greatly increase the value of land all about the \"gare,\" and they will buy up the neighbouring sites. What is worse, they will build on them; and, instead of an orderly Settlement, we shall have a filthy human warren alongside the first-class station.\n\nAs far as I am aware, Great Britain has nowhere tied her hands in regard to demands for settlement areas. At Têngyüeh the T'aotai accepted my suggestion that the neighbourhood of the ground purchased for a British Consulate should be laid out as a Europeanized Settlement, with a Municipal Committee of Chinese and foreigners. Mr. Litton now sends me a notification by the Sub-Prefect forbidding Chinese to encroach on the roads - 3 chang or 35 English feet wide - that have been marked out in this area, or to bury their dead within the Settlement. Concerted action by the British and French should be able to secure similar treatment for the square mile adjoining the proposed \"gare.\"\n\nAs a place of residence, this area is not at present at all inviting; but neither was in 1843 the mud flat \"full of all abominations\" (as a Chinese author has it) that has since become the British Settlement at Shanghai.\n\nMeanwhile, the combined establishment of M. de Pauliny, the Chief of Section, and of M. Sorrel, the contractor, is lodged in an extensive annexe to a native temple, a few hundred yards north-east of the future railway station. Even to foreigners, the annexe - which was built by the Chinese authorities for this purpose - is known as the \"t'ieh-lu Kung-so\" or railway offices. On the other side of the paved road that forms its western limit - this is the paved road already described as running parallel to the east wall of the city - is a large open space, some 30 mou (about 5 acres) in extent.\n\n5\n\nThis, M. François, the late Consul-General, told me had been offered to him as a Consular site, at the price of 3,000 taels. The surroundings are, however, unpleasant (as they are everywhere in the immediate neighbourhood of Yunnan-fu, except to the north) and, in any case, no definite decision has yet been reached by the French Government for the erection of a Consulate.\n\nThe railway establishments at Mengtse remain much as they were described by Mr. Litton in his admirable Report of the 1st October last, but along the road leading to them from the East Gate of the town, a number of buildings are going up, half Chinese, half European, for the accommodation of what might be called the camp followers of the undertaking - Annamese hotelkeepers, Japanese \"filles de joie,\" and the rest.\n\nThis apparent prosperity of Mengtse must, I fear, be only transitory, since the railway will not now avail itself of the spacious green between the French post-office and the French hospital that was originally set aside for its \"gare.\" The new \"gare\" for Mengtse, a third-class \"gare,\" will be situated 6 kilometres (4 miles) to the east, and some 500 feet up the mountain side. There is talk of constructing a short branch line thence to the town, and it seems certain that the existing road, even now of fair dimensions, will be enlarged and improved. Moreover, the conservatism of trade is always to be reckoned with. Nevertheless, it seems highly probable that when the railway is in working order, the caravans with tin slabs from Kuochin, to the west, will proceed straight to the \"gare\" and so pass Mengtse by. It is even more certain that the trade with K'aihua and Kuangnan, to the east, will not come down to the Mengtse Plain merely to return over those four miles to the station in the hills.\n\nAt Mengtse, I was received by the French colony with the greatest courtesy and an abounding hospitality. M. Guibert caused copies to be struck off for me of the plans which I have just described, and sent a circular along the line up to I-liang, requesting for me a \"bon accueil.\" M. Richard sketched out my route, indicating the places where I could spend the night, or, as the case might be, make my mid-day halt. M. Sainson, the Consul, accompanied me twice to the workings on the hill, arranging on the second occasion for a picnic at the spring (another Hei-lung-t'an) below the site of the future \"gare.\"\n\nThat site, as Mr. Litton suggests, is very limited in area, nor from the nature of the ground can it well be otherwise. And yet, if the Customs are to continue to be established at Mengtse, it will obviously be necessary to maintain at least an examiner and his staff alongside the railway station, together with the usual apparatus of sheds and godowns. In the event, it would seem exceedingly likely that the Mengtse establishment will be broken up, and its constituents distributed between the two termini of the line, Yünnan-fu and Ho-K'ou.\n\nI followed the \"tracé\" southwards only as far as the Mi-la-ti \"col,\" the watershed between the Mengtse Plain (which belongs to the West River system) and the Nam-hti (an affluent of the Red River). Work on the tunnel here was proceeding at a reasonably rapid rate: several courses of stone facing are in position. Indeed, the two lots (Nos. 10 and 11 in the fourth section) for which M. Péraglié is contractor are considerably further advanced than any others along the line. One reason for this is doubtless because they are the nearest to head-quarters, and are under the immediate supervision of the Directeur des Travaux. Another reason is that they are the first lots on the Yunnan Plateau, and therefore secure many of the Chinese labourers who have found the Nam-hti Valley impossible.\n\nThe progress of the railway, indeed, is now almost entirely a question of labour. All along the road, I heard the same complaint - lack of the \"main d'œuvre.\" The Regulations require that recourse should be had in the first instance to the populace of Yunnan, and that only when this source fails should Chinese from other provinces be engaged. But the Yünnanese is a man of few wants, and with a strong dislike to prolonged exertion. As soon as he has earned a dollar or two as wages, he throws up his work for the month, for he has gained enough to keep him in rice and opium. Furthermore, there is no excess of population in Yunnan, as there is, for example, in congested Kuangtung. When the season comes for breaking up the opium fields and planting out the summer crop of paddy, the Yunnan coolies desert, almost to a man. The same will happen again at rice harvest and poppy sowing. In short, as M. Prud'homme told me, it is impossible to reckon on a steady supply of Yunnan labour during more than five months in the year.\n\n[2172 -1]\n\n24", "txt_file_path": "txt/2diw2n4r2/CO129-326 - Foreign Office - 1904.txt", "external_url": "", "rank": 0 }, { "id": 395237, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-326 - Foreign Office - 1904", "page_number": 574, "title": "CO129-326 - Foreign Office - 1904", "content_text": "571\n\n&\n\nItalian contractor near A-mi Chou complained to me that, whereas in January he had 2,000 coolies on his \"lot,\" he had then (20th May) but a couple of dozen; if he could retain the full number his \"lot\" might be finished, the main tunnel excepted, within four months.\n\nThere have been many discussions on this subject of labour between the French Consulate General and the Local Government. The latter fear the introduction of men from the Two Kuang as being likely to lead to disturbances, and they advocate a system of native official recruitment amongst the Yunnanese, particularly of the north-east. The contractors have at present to find their own coolies, but there is much discontent among them, and I believe that they are awaiting the return of Herr von Kapp to ask that the Société de Construction should relieve them of this obligation.\n\nIt is in the Nam-hti Valley that the difficulty is most felt. The Yunnanese will not willingly descend the plateau to work there, so great is their dread of its insalubrity. The dread seems to be justified if it is true, as I am told, that, besides a great number of natives, some sixty Europeans have, from first to last, died victims to the malaria of the valley. \"Valley\" it hardly deserves to be called, but rather \"gorge.\" So steep in many places are the sides that to mark out the track men had to be lowered by ropes, their movements directed by signals from the other side of the ravine. There are, it is true, portions of the tract north of Mi-la-ti, and not inconsiderable portions, that are almost as precipitous, but the labour problem is not so acute in the northern division, and there are several intervals of comparative, or even positive, plain. It is agreed, in short, that the northern division will be completed, as far as earthworks are concerned, before the southern.\n\nFor their rails both divisions must wait until the Tonquin line reaches Laokai. According to the Agreement between the Government of Indo-China and the Railway Company, this line should reach Laokai by the 1st May next.\n\nThe question is whether it can do so. M. Guillemoto, head of the Travaux Publics in Indo-China, who has been energetically pushing this work, has just gone home on sick leave. According to a M. Laumonier, one of the leading contributors to the \"Courrier d'Haiphong\" (the 14th May, 1904), the line from Yenbay to Laokai \"amène avec elle tout un cortège de déceptions et de mécomptes.\" \"Although there are no tunnels, no aqueducts, nothing, in short, out of the common, despite the assertion of M. Borreil, alter-ego of the grand chef of the Travaux Publies, the line will not be handed over by the agreed date.\" This is the view of another correspondent, writing from Than-ba on the 19th April, who says: \"The actual condition of the work unfortunately does not justify the hope that the line can be handed over in time.\" If it is not so handed over, Compagnie du Yunnan will claim, this correspondent affirms, heavy damages from the Colony. I may add that an Italian “conducteur\" whom I met, and who had only lately come up to Yunnan from the Yenbay-Laokai section, told me that, in his opinion, two years would be necessary to complete that section, both on account of the mechanical difficulties and for reason of the lack of workmen. As far as Traibutt the difficulties are not grave, but above that point they are, he said, most serious.\n\nThe causes assigned (by a M. Debellonnière in the \"Courrier\" for the 6th April last) for the distaste shown by Chinese labourers to work on the railway line in Tonquin are:--\n\n1. The excessive cost of rice.\n\n2. The restrictions on opium.\n\n3. The fact that the coolies are not treated as freemen, but are \"gardés comme des prisonniers à la cangue par des soldats.\"\n\nThanks to Annamese informers, many of the Chinese coolies, who cannot work without opium, have been heavily fined or imprisoned by the French authorities for smuggling the drug. These Chinese (Kuangtung men) are not, the writer declares, deterred by toil or maladies, and would work willingly enough if the Government provided them, as in Madagascar, with rice and opium at reasonable rates and allowed them a measure of liberty.\n\n(If his conclusions are correct, as I believe them to be, they may be commended to the Government of the Transvaal.)\n\nIt should be mentioned, in connection with the Tonquin line, that the first locomotive arrived at Yenbay on the 25th April of this year, and that the section Viétri-Yenbay was formally opened by the Governor-General during the first week in May. Various writers in the Tonquin press declare that both this section and that to Laokai are so full of short curves that the working of the line will be at a great disadvantage. Not only can no great speed be attained, but the wear and tear on engines and rails will be excessive. It is affirmed that the object of the Travaux Publics, which has had to take over the track from the bankrupt contractors, has been to economize both in time and money. They have therefore avoided tunnelling, and in some instances have run their line dangerously close to the river.\n\nIf the Tonquin Railway reaches Laokai by the 1st May next, then the Construction Company are bound to complete it within two years more to Mengtse, and that is to say, it must reach Yunnan-fu within a further three years.\n\nWhether it will do so, opinion widely varies. Yunnan-fu by the 1st May, 1910.\n\nM. Guibert, Directeur des Travaux, and M. Prud'homme, Chef de Division--both of whom ought to be in a position to form a correct judgment--told me that the line could be completed to Yunnan-fu in three years, that is by the summer of 1907, always provided that there are no more disturbances, such as that of Lin-an last spring, to interrupt the work. Others, less highly placed, speak of five years; a few, of ten. It is agreed on all sides that the line must, and will, be completed eventually.\n\nMy personal acquaintance with the track begins, as I have said, at the Mi-la-ti divide, where is to be found the only tunnel, as far as I am aware, that is receiving its facing of dressed stone. Ordinary labourers, I may remark, receive 1 dollar for four days' work, except in the Nam-hti Valley, where wages rule higher--usually 35 cents a day. Masons are paid 40 to 50 cents a day. For the greater part of the \"tracé,\" lying as it does among the mountains, stone is abundant; and the masons of Yunnan are fairly skilful, in great contrast to the carpenters, whose work is crude and clumsy. Along M. Peragliè's evidence, no bridges had yet been made, though quantities of dressed stone were stacked in readiness. Several large culverts had been completed, in one of which I saw a beggar had taken up free quarters, stopping the superfluous entrance with a pile of brushwood.\n\nMy first intention was to follow the railway track from this point to A-mi Chou, but the distance (some 60 kilom.) is too long to be easily done in one stage; so I decided to take the road through the Mengtse Plain and over the pass of Shui-tang. For the first few miles the railway cutting could be plainly seen, descending gradually along the western slope of the range until it vanished behind a spur. Thence forward until A-mi was reached there were no signs of its presence other than the occasional distant report of a \"coup de mine.\" As a reference to the detailed plan of the line will show, the railway pursues a very devious course in its descent to the A-mi Plain. It has, in fact, to make its way in and out of a tangle of little valleys, particularly between kilom. 200 and kilom. 218.\n\nA-mi Chou once reached, the line follows down the \"Lin-an River\" for a short distance, then, diverging to the left, passes by means of a tunnel into the valley of the Pei-ta Ho. My own path led me, as I have said, back across the Mengtse Plain to the nearest \"sea\" (lakes in Yünnau are dignified into \"seas,\" even though, as in this case, they are mere dwindling swamps), by which I had descended to Mengtse, and crossed the long stone causeway over the thence into a side valley, whose northern limit is the village of Lei-kung Ssú, where my convoy offsaddled for tiffin. From this point to the head of the pass that leads down into the A-mi Plain the country seems very desolate, though the pass itself is picturesque. A-mi \"Patzu\" (the Plain of A-mi) as seen from the \"col,\" is particularly striking. In the far distance, though looking deceptively close—is A-mi town, while a pagoda away to the north-east marks roughly the point of entrance of the railway.\n\n+1 sea;\n\nThough I left Mengtse at 8 A.M. I did not reach A-mi till sunset. The headquarters of this section of the railway occupy a temple outside the east gate of the town. The \"chef de section,\" M. Garcia, and his wife, I had left at Mengtse, but by their courtesy I was assigned the guest-room in their residence, originally the main hall of the temple. Everywhere where possible along the line temples have been rented, and, without injury to their structure, converted into comfortable dwellings. No particular difficulty, as far as I could learn, has been experienced in securing these numerous temples, nor are excessively high rents demanded. A temple once obtained, outbuildings are run up in the compound, it being understood that these and all other innovations shall be removed when the permanent buildings--the station-masters' dwellings--are erected.", "txt_file_path": "txt/2diw2n4r2/CO129-326 - Foreign Office - 1904.txt", "external_url": "", "rank": 0 }, { "id": 411545, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-344 - Public Offices & Foreign Office - 1907", "page_number": 45, "title": "CO129-344 - Public Offices & Foreign Office - 1907", "content_text": "# \n1 4 has been practically in charge of affairs. A new Bishop will now have to be elected from among the twenty-five or twenty-six missionaries in this part of the province; but it will probably be many months before confirmation can be received from Rome.\n\nTwelve days after the death of Mgr. Fenouil, died also the venerable P. Leguilcher, for fifty years missionary at or near Tali. P. Maire is now the senior member of the Catholic Mission.\n\nThe only missionary question that has arisen in Yünnan during the past year (with the exception of the case of P. Vignal, separately reported) was whether it is incumbent on the Chinese vendor of landed property required for missionary purposes to report the transaction to the local authorities before concluding the bargain. A Proclamation enjoining this procedure was put out by the Government of Kueichow, but on complaint being made by M. Leduc a note was addressed to him and to myself by the Department for Foreign Affairs here admitting that the requirement was not in harmony with the practice agreed upon by the Wai-wu Pu. An amended Proclamation was accordingly issued.\n\n## Army\n\nA quantity of Mauser rifles and ammunition have been brought to Yunnan-fu, by way of Kueichow. For some weeks past tents, each accommodating ten men, have been set up, at a distance of a quarter to half a mile apart, around the city. The local troops are now dressed in jacket, trousers, and képi, all of dark-blue cotton cloth tricked out with scarlet stripes—or rather, they are supposed to be; as a matter of fact, provided one item of the uniform is donned, say the cap, or the trousers, regulations would seem to be sufficiently observed. With a few exceptions, the men seem to be even more slovenly than under the old régime. As the road to the main camp north of the city, leads past our Consulate site, which I visit almost daily, I constantly meet the men, stop and salute; none are insolent. Most of them, however, slouch along the road, some in boots and socks, some barefooted, usually singing, and occasionally drunk. Among them are mere boys, of 14 or so. More than one Sergeant Whatshisname will be needed before these fellahin can be turned into first-class fighting men.\n\nA few cadets who are to form their future officers were dismissed for the New Year holidays by the Governor-General, who held a review a fortnight ago. Some eighty youths went through a few evolutions on the drill-ground in front of the Arsenal. The only foreigners present were Dr. Barbézieux and his family, and a somewhat supercilious Japanese.\n\n## Japanese\n\nThere are still seven Japanese instructors in the city; three at the \"University,\" who are supposed to teach law and Japanese literature, two at a sort of primary school, and two (the first comers) at a school instituted about two years ago by the gentry. Recently the Japanese have set up a telephone line to connect the three schools. There was some opposition to this innovation, and I am not sure that it is as yet in working order.\n\nAs I earlier reported, the Japanese keep aloof from the other foreign residents, and have never called either on my French colleague or on myself. Only two of them, I understand, speak Chinese; so that the 1,500 dollars a-month or so which they cost the Provincial Government and the gentry would seem hardly likely to bring in an adequate return.\n\n## C 5\n\nA young Frenchman of means, M. Bacot, is now at Yunnan-fu, crossing the province from Tongking to Burmah.\n\nLast October the Government of Burmah telegraphed to me to say that a Mr. Crawford, traveller round the world, wished to proceed from Burmah to Canton, viâ Ssumao. I replied, having made the necessary inquiries, that the road was free from disturbance; but whether Mr. Crawford took it or not, I have not been informed.\n\nRegulations (1) of the Imperial Chinese Customs for the import of arms and ammunition; (2) of the French authorities for the immigration of Annamese into Yunnan, are appended. It may be mentioned that there have been in the past year several instances of attacks on Europeans by Chinese in the Nambti Valley. On one occasion, a Frenchman succumbed to his injuries; on another, a foreigner lost the use of his right hand. The so-called \"guards\" along this section consist almost entirely of old Kuangsi rebels.\n\nW. H. WILKINSON\n\nYünnan-fu, February 12, 1907.\n\n(Signed)\n\n## Annex 1\n\n1. **Imperial Chinese Customs Regulation for the Importation of Arms and Ammunition**\n\nD'après les instructions reçues par l'intermédiaire de l'Inspecteur-Général des Douanes, le public est informé que l'importation d'armes et de munitions ne peut se faire qu'avec l'autorisation du Surintendant des Douanes, à qui les demandes détaillées seront transmises par l'autorité Consulaire intéressée.\n\nA Hokeou les demandes seront adressées par le même intermédiaire au Représentant du Surintendant des Douanes.\n\nL'importation d'armes et de munitions est sujette aux règles ci-dessous :----\n\n| Rule | Description |\n| --- | --- |\n| 1 | Tout résident étranger peut importer en une fois un fusil de chasse, une arme de défense, une arme de tir de précision, et 500 cartouches. Le nom de l'importateur et le détail des articles importés seront notés par l'Administration des Douanes. |\n| 2 | Une maison de commerce étrangère ne peut importer en une fois plus de six fusils de chasse et 12,500 cartouches. Les maisons important ces articles devront se porter garant de n'en faire la vente qu'à des personnes connues; elles devront tenir un Registre donnant le détail des armes et munitions vendues, le nom et le domicile de l'acheteur. Ce registre sera contrôlé et vérifié par l'Administration Douanière; l'usage que l'acheteur compte faire des armes y sera noté. |\n| 3 | Une maison de commerce étrangère peut, mais cela seulement dans l'intention d'en faire livraison au Gouvernement Chinois, importer des échantillons d'armes et de munitions de guerre, sans qu'en une fois le nombre en puisse dépasser deux de chaque espèce et 1,000 projectiles. D'autre part, il sera donné garantie que ces articles sont exclusivement destinés à être soumis au Gouvernement Chinois. |\n| 4 | Le tarif appliqué aux armes et munitions est de 5 pour cent ad valorem. |\n\nC. H. BREWITT-TAYLOR, Commissaire des Douanes Impériales Chinoises.\n\n(Signé)\n\nMongtseu, le 31 Janvier, 1907.\n\n## Travellers\n\nIn March 1906, le Comte de Marsay and le Comte Louis de las Cases, passed through Yunnan-fu on their way to the Valley of the Yalung, in Szechuan, which (I see by a recent French journal) they claim to have explored.\n\nMr. Hayne, an Englishman who has travelled extensively in search of big game, went on hence from Burmah to Tachienlu in the summer.\n\nMr. Clementi, of the Hong Kong Civil Service, spent a week at Yunnan-fu in December, having crossed Kuangsi to Hsingyi Hsien in south-west Kueichow. He returned to Europe by way of T'engyueh.\n\nIn January, Lord Ronaldshay, elder son of the Marquis of Zetland, arrived here from Ch'engtu, and after nine days' stay continued his journey home viâ Tali and Bhamo. He called on the Governor-General, who returned his call.\n\n## Annex 2\n\n2. **Regulation respecting Immigration of Annamese into Yünnan**\n\n[Appended to copy for Burmah]\n\n`[2450 f-11]`\n\n44", "txt_file_path": "txt/2diw2n4r2/CO129-344 - Public Offices & Foreign Office - 1907.txt", "external_url": "", "rank": 0 }, { "id": 429208, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-372 - Public Offices - 1910", "page_number": 549, "title": "CO129-372 - Public Offices - 1910", "content_text": "C\n\n545\n\nMINUTES.\n\nThe Government of India were of opinion that the Commercial privileges conceded to the French would act prejudicially upon the development of the Trade with Yünnan via Bhamo and the Irrawady River, which would be diverted from that river to the Red River route; but, at the same time, the chief obstacle lay in the interposition of the independent kingdom of Burmah between British Burmah and Yünnan, and the then pending arrangements might tend to remove the disadvantage, when the consequences of the French Treaty might not prove so serious as was anticipated. (India Office February 3rd 1866).\n\nOn the 26th April 1886 a Commercial Convention in pursuance of Article VI of the Treaty of Peace &c of the 9th June 1885, was concluded between France and China.\n\nIt did not specify the spots where the Frontier-Trade should be carried on, because the frontier was not then settled, but it declared what duties should be levied on the merchandize crossing the frontier.\n\nThese were:-\n\n \n For the Import Transit Trade (in accordance with existing Regulations at the Treaty Ports)\n on payment of half the Maritime tariff duty.\n \n \n Import Duties:\n one fifth less than the Maritime Tariff. In the case of goods not enumerated in the Tariff, 5% ad valorem (as in the Treaty Ports)\n \n \n Export Transit Duties:\n the same as on goods exported from the Maritime ports.\n \n \n Export Duty from the Frontier Ports:\n two-thirds of the Maritime export duty.\n \n\nMost Favoured Nation Treatment was also accorded to France in case of a Frontier Trade Convention being concluded between China and England for the Burmah Frontier (Article VII).\n\nThe right of France to impose a Protective Tariff on imports crossing the frontier into Tonkin was recognised (Article IX).\n\nArticle III of the Convention gave to the French and Annamese at the Frontier Ports the same privileges as in Articles VIII, IX, XI and XII of the French Treaty with China of 1858.\n\nThese had reference to passports, houses, burial grounds, employment of interpreters, teaching foreign languages, sale and purchase of books, inviolability of property of French citizens, prohibition of embargoes on French vessels &c.\n\nOn Monsieur Constans afterwards proceeding to China as French Minister, this Convention was revised, and an Additional Convention was signed on June 26th 1887 modifying its terms.\n\nIt specified the places open to French Trade in the Provinces of Kwang-si and Yunnan. (Article II).\n\nThe import and export duties were further reduced. Goods passing from Tonkin to China were to pay less than Treaty port rates and goods...\n\n(10,100). Wt. 5683-41, 3000. 5/09. A. & E.W.", "txt_file_path": "txt/2diw2n4r2/CO129-372 - Public Offices - 1910.txt", "external_url": "", "rank": 0 }, { "id": 434252, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-382 - Public Offices - 1911", "page_number": 253, "title": "CO129-382 - Public Offices - 1911", "content_text": "# \n2 \n\npress the matter should naturally expect redress. He deemed it undesirable to further, or to give the impression that he was throwing impediments in the way of the negotiations (22nd May, 1885). \n\nOn the 23rd May, 1885, Lord Granville addressed a despatch to Mr. O'Conor, drawing his attention to the most-favoured-nation article of the British Treaty of Tien-tsin of 1858. His Lordship stated that, although existing treaties had reference only to trade by sea with certain specified ports, and gave this country no rights of trade across the land frontiers of China, our treaty, nevertheless, guaranteed equal participation in all privileges, &c., which might be granted to any other nation. If, therefore, the above-mentioned treaty between France and China admitted French goods into China by land at a lower duty than was paid by the same British goods when introduced by sea, or would confer on French citizens or commerce greater privileges than were enjoyed by British subjects, Her Majesty's Government would claim most-favoured-nation treatment under the treaty of 1858. \n\nThe Board of Trade on the 5th August, 1885, commented on the Franco-Chinese Treaty, pointing out that the privilege granted to French citizens of crossing the frontier could not be extended to British subjects unless British consuls could be appointed with a view to the issue of the necessary passports, and remarking that the intention of the treaty was to establish inequality, and that its provisions were inconsistent with the British treaties with China. They suggested that Mr. O'Conor's attention should be drawn to articles 4 and 6 (above quoted), and at the same time they concurred in the instructions given to him on the 23rd May already alluded to. \n\nThe Hong Kong Chamber of Commerce expressed the opinion that the right to appoint consuls in Yunnan and Kwangsi granted by the treaty could be claimed by Powers having most-favoured-nation clauses in their treaties with China, but that the differential duties would hardly become applicable under those clauses unless the Chinese opened up the water communication of Kwantung into Western China, when directly conveyed merchandise should become subject to no greater duty than was borne by goods crossing the frontier by land (Colonial Office, 31st August, 1885). \n\nThe Government of India were of opinion that the commercial privileges conceded to the French would act prejudicially upon the development of the trade with Yunnan via Bhamo and the Irrawaddy River, which would be diverted from that river to the Red River route; but, at the same time, the chief obstacle lay in the interposition of the independent Kingdom of Burmah between British Burmah and Yunnan, and the then pending arrangements might tend to remove the disadvantage, when the consequences of the French treaty might not prove so serious as was anticipated (India Office, 3rd February, 1886). \n\nOn the 26th April, 1886, a commercial convention, in pursuance of article 6 of the treaty of peace, &c., of the 9th June, 1885, was concluded between France and China. \n\nIt did not specify the spots where the frontier trade should be carried on because the frontier was not then settled, but it declared what duties should be levied on the merchandise crossing the frontier. \n\nThese were- \n| Category | Duty |\n| --- | --- |\n| Import Transit trade | half the maritime tariff duty (in accordance with existing regulations at the treaty ports) |\n| Import Duties | One-fifth less than the maritime tariff. In the case of goods not enumerated in the tariff, 5 per cent. ad valorem (as in the treaty ports (article 6)) |\n| Export Transit Duties | The same as on goods exported from the maritime ports |\n| Export Duty from the Frontier Ports | Two-thirds of the maritime export duty |\n\nMost-favoured-nation treatment was also accorded to France in case of a frontier trade convention being concluded between China and England for the Burmah frontier (article 7). \n\nThe right of France to impose a protective tariff on imports crossing the frontier into Tonquin was recognised (article 9). \n\nArticle 3 of the convention gave to the French and Annamese at the frontier ports the same privileges as in articles 8, 9, 11, and 12 of the French treaty with China of 1858. \n\nThese had reference to passports, houses, burial grounds, employment of interpreters, teaching foreign languages, sale and purchase of books, inviolability of property of French citizens, prohibition of embargoes on French vessels, &c. \n\n3 \n\nOn M. Constans afterwards proceeding to China as French Minister, this convention was revised, and an additional convention was signed on the 26th June, 1887, modifying its terms. \n\nIt specified the places open to French trade in the provinces of Kwang-si and Yunnan (article 2). \n\nGoods passing from Tonquin to China were to pay three-tenths less than treaty port rates and goods from China to Tonquin four-tenths less than at treaty ports (article 3). \n\nAn export duty was authorised on Chinese goods which had paid an import duty on entering Tonquin, and had passed through Tonquin for conveyance to a third country (article 4). \n\nThe most-favoured-nation clause was extended so as to govern future political and commercial relations between China and the countries situated to the south and south-west of the Chinese Empire (article 7). \n\nWhile the negotiation of this additional convention was in progress, Sir J. Walsham intimated that, in the event of advantages being given thereby to France over other countries, he should take steps to protect British interests and treaty privileges, to which the Chinese Government replied that the existing treaties referred solely to the ports and could not be made available in connection with overland intercourse (Conf 5789, p. 9). \n\nAfter communication with the India Office, Lord Salisbury instructed Sir J. Walsham to protest against this limitation of the scope of the most-favoured-nation articles of our treaties with China (28th June, 1888). \n\nLord Salisbury further observed that it would be useless to press for a reduction of the tariff at the ports corresponding with that granted to the French frontier trade, and that it would be better policy to take advantage of it in order to obtain concessions in regard to Burmah. Sir J. Walsham was accordingly instructed to inform the Chinese Government that the question of treaty rights at the ports would not be further pressed if they would give a written statement that they accepted the explicit reservation of the right of this country to most-favoured-nation treatment elsewhere than in Burmah as a basis for the abstention of His Majesty's Government from raising the question of their rights in the present instance, and further agreeing that in the commercial arrangements respecting Burmah they would give to this country similar advantages and an identical most-favoured-nation clause which should apply to the French convention. \n\nThey should also, his Lordship added, agree that such facilities would be granted for the navigation of the Canton River and other waterways of Southern China as would place British trade on fairly equal terms with the trade opened to France across the frontier of Tonquin. (To Sir J. Walsham, 28th June, 1888.) \n\nSir J. Walsham does not appear to have reported whether he obtained this assurance from the Chinese Government. \n\nIn the meantime, however, a convention was signed between this country and China on the 24th July, 1886, relating to Burmah and Thibet, in which it was stipulated (article 3) that the conditions of the frontier trade between Burmah and China were to be settled by a frontier trade convention, both countries agreeing to protect and encourage trade between China and Burmah. \n\nIt was not until the 1st March, 1894, that a convention was concluded between Great Britain and China to give effect to this stipulation. \n\nArticle 8 of this convention laid down that, \"subject to the conditions mentioned hereafter in articles 10 and 11 (relating to prohibited goods, munitions of war, opium, spirituous liquors, &c.), the British Government, wishing to encourage and develop the land trade of China with Burmah as much as possible, consent for a period of six years from the ratification of the present convention to allow Chinese produce and manufactures, with the exception of salt, to enter Burmah by land duty free, and to allow British manufactures and Burmese produce, with the exception of rice, to be exported to China by land free of duty.\" \n\nArticle 9 of this convention laid down that \"goods imported from Burmah into China or exported from China into Burmah shall be permitted to cross the frontier by Manwyne and by Sansi,\" and that \"the Chinese Government consent that for six years from the ratification of the present convention the duties levied on goods imported into China by these routes shall be those specified in the general tariff of the Maritime Customs diminished by three-tenths, and that the duties on goods exported from China by the same routes shall be those specified in the same tariff diminished by four-tenths.\" \n\n17 \n251", "txt_file_path": "txt/2diw2n4r2/CO129-382 - Public Offices - 1911.txt", "external_url": "", "rank": 0 }, { "id": 500458, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-489 - Governor Sir Stubbs & Sir Clementi - 1925 [8-12]", "page_number": 169, "title": "CO129-489 - Governor Sir Stubbs & Sir Clementi - 1925 [8-12]", "content_text": "# Enclosure No. 8.\n\nYour Excellency,\n\n173\n\nMr. Foo Ping-sheung arrived this morning in the s.s. `President Cleveland` from Shanghai. On your verbal authority his Uncle, Mr. Foo Sik, informed him that he might land for the purpose of transhipping to Canton.\n\nMr. Foo Ping-sheung called upon the Hon. Mr. Kotowall and informed him to the following effect:- Then he, Mr. C.C. Wu, and Mr. Sun Fo went to Canton after the Annamese defeat, they urged strongly that the contemplated strike should be limited to a three days' affair as a demonstration. This was successfully resisted by Mr. Liu, Chung-hai who was throughout bitterly hostile to Hongkong, and the Shakee incident happened-- Mr. Foo Ping-sheung expressed no opinion as to how it happened.\n\nAfter this the Government was re-formed, and Mr. Wu Hon-Man asked that he might be given the post of Commissioner for Foreign Affairs. It was suggested to Mr. Foo Ping-sheung that he might be afraid to stay on as Secretary for Foreign Affairs, and accordingly he had to remain, if only to save face. His letters to His Majesty's Consul General were written in his official capacity, under orders. He and Mr. Sun Fo were strongly opposed to the Bolshevist trend of affairs and they got permission to go to Peking to find out how matters stood there. At the request of General Fung Yuk-cheung they wanted to see him, and after half a day's discussion he telegraphed to Tuan Chi-jui that Kwang Tung should not be allowed to proceed to extremes against Great Britain at present. Tuan should follow the advice tendered by Mr. Sun Fo that the negotiations regarding Canton should take place in Peking. Mr. Sun Fo suggested a Committee of Enquiry...", "txt_file_path": "txt/2diw2n4r2/CO129-489 - Governor Sir Stubbs & Sir Clementi - 1925 [8-12].txt", "external_url": "", "rank": 0 }, { "id": 507157, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-499-5 Canton situation- governor's despatches 11-3-1927 - 11-3-1927", "page_number": 10, "title": "CO129-499-5 Canton situation- governor's despatches 11-3-1927 - 11-3-1927", "content_text": "# Enclosure No. 1.\n\n## Translation.\n\n) 10 \n\n**(Extract from the Lan Kwok Yat Po, Canton 27th January, 1927.)**\n\n## Union of Weak Races in the East.\n\n### Inaugural Conference Held in Hankow.\n\nIndians, Koreans, Annamese and Chinese Attend. Eleven Regulations Passed. Communique of the Conference.\n\n**(From the Chung Ja She).**\n\nThe Eastern oppressed races have organised in Hankow a union which was inaugurated on the 12th after much preparation. We now publish in the following account particulars of the Inaugural Conference held that day, and this is indeed good news showing that the World Revolution is advancing well. The Associations represented at the Conference were rather few, as it happened that a reception of welcome was being given in honour of General Chang at the same time.\n\nThe Associations represented at the Conference were the Special Municipal Bureau, the General Labour Union, the Hankow Cigarette Workmen's Union, the Tai Koo Wharf Coolies' Union, the Wuhan Wharf Coolies' Union, the Communist Young Men's Association, the Hankow Students' Association, the Hankow Rickshaw Coolies' Union, the Hankow Municipal Co-operative Chamber of Commerce, and the French School Old Boys' Association and others, over 50 in all. Indian, Annamese, and Korean comrades were conspicuous for their enthusiasm, and there were present about 300 men in all.\n\nThe programme of the Conference was as follows:-\n\n| Number | Item |\n|--------|------|\n| (1) | Declaration of the opening of the Conference. |\n| (2) | Announcement of the objects of the Conference. |\n| (3) | Report on what was done for the preparation of the Union. |\n| (4) | Speeches. |", "txt_file_path": "txt/2diw2n4r2/CO129-499-5 Canton situation- governor's despatches 11-3-1927 - 11-3-1927.txt", "external_url": "", "rank": 0 } ]