THE
FRIEND OF CHINA AND HONTHONGUGAZEN THE PIAN
PEIEND OF CHINA
As regards offenses committed by natives a- gainst the British. If the Authorities are sincere AND HONGKONG GAZETTE,
in their professions of cordiality and friendship, which (except at the scene of our national hum- HONGKONG, THURSDAY, DECEMBER 15ta, 1942ation, Canton) no well informed person seems
We have in our No. 27 explained at length, our views with respect to the duties of the Consils and the requirements of our commerce, under the pending commercial Treaty and Tariff.
phical error the omission of an O; but on looking to the back numbers, we have them before found the prices during the last three months we as stated. Hence, we thought the difference
Bom
Our
estion. That us for the
The mice of Salt
value might be reconcileable by the sup to doubt, and the Emperors mandates publicly at that the Salt now imported inte test, no apprehensions need be entertained of their | very inferior character and thaut frequent occurrence. A habit of peaceful sub-refined and exported. yet still d
the facts as given, from the best do ordination is a Chinese characteristic, hence cases
sible to us, before our Readers of offence as regards them, will very iarely occur, and when they do happen we feel certam they want of knowledge on the point in
in so doing, will be adequately punished by the Mandarins. We were rig Indeed we are pretty sure (if a right understanding tracted notice and we now find be once established) our Consuls will have in most at Bombay is 150 rupees per cases to apply for a mitigation, rather than suge thanking our Contemporary,
to our readers for having said so much but, It will never do, to transfer offenders or supposed
mentation of the punishment, which will be inflict- offenders, over to the Mandarins to be adjudgeded on native offenders, against the safety or pro-add, that at all times, we shall be especially oblig
ed for the correction of any error which may un- according to the laws of the Empire. From past perty of British Subjects. experience of Chinese judicature, such a transfer
By far the most delicate point in the whole ne-avoidably appear in any statement of ours, would be a virtual condemnation of the unfortunate gotiation will be, in reference to the p foreigner.
We shall not travel over the ground again, but there is one point which is of great importance -and a further reference to which, may be permit ted. It is this the punishment of British subjects of fending against the Chinese laws,
In 1815 the President of the Select
a punishment
at Canton wrote thus to the Chairman of offenders against the Fiscal laws of China. It`
the
Court of Directors "There is in fact no charge, of whatever nature it may be, whether of treason against the state, or a violation of the laws of the Empire, that Chunqua may not procure to be al- leged against any member of this Committee; and with the same facility, by means of the bamboo or torture, any number of witnesses may be brought forward to attest the truth of the accusation.” ⠀
is sufficiently obvious Great Britain cannot so en- tirely alter its permanent mercantile policy, as to lend the smallest aid in support of the revenue re- gulations of any country, and more especially those of China. Nor can she, consistently with the na- tional honour, permit the infliction by the Chinese on her offending subjects of barbarous or inhuman punishments.
||
As the Import and Sale of Opium is now a Capi- tal offence, we have heard it openly asserted that the Chinese have a perfectly just and legal right to punish the Opun smugglers, when detected, with death, if even the offender should be a British
$40 Pond After ought
smust
In referring to our Correspondent L. T's com- munication, we may say, we have had other and stronger remonstrances addressed to us on this are perhaps subject. The parties interested, right in not noticing such disparaging statements so long as they are merely topics of public talk and scandal. They can perhaps afford to look down with contempt on their assailants. We would hope it is so, but the matter "discussed by L. T. is so notorious, the comments 40 severe, and we believe so unmerited, that we are sure we are doing the eminent firm in question a real kind- ness (which they will appreciate) by disentombing
It does to in toto, the gross exorbitancy of the
often occur, that the parties most affected the quality of the offence, invalidates and negatives by a slander, are the last to hear of it. We need such right-wholly overturns and destroys such a hardly say we shall be most happy to (and no monstrons and unnatural pretention...
we shall give a satisfactory explanation The case is most forcibly put, and in its true in our next. Our opinion is most decidedly, that fight by of Mr. Matheson (who moreover cites the the munificent donation of Mr. Heerjeebhoy Rus- greatest Authority on International law, Vattel) tomjee, will be paid and (but for our Correspon- for there is, as Lord Mansfield used to say, no
dents letter) we should have averred payment could magic in words, and we must recollect that the law never have been refused. of nations, is but the just and rational application of the law of NATURE, to the affairs and conduct of nations.
If such were the state of matters,when the potent influence of the East India Company existed in its plenitude at Canton it is reasonable to suppose the defeat and consequent humiliatian of the C-Subject. We deny the assumption of such a right the letter of L. T. from our "rejected addresses!"
nese, will exasperate their feelings of hatre'l to- wards, foreigners especially the British. and ren- der it for a long time wholly impracticable to ob
We are tain justice from a Chinese tribunal. assured the late manifesto of the Gentry of Can- ton province, may be accepted as a correct index of the popular feeling towards us, in that province. It appears to us obvious, that the new Consuls. must have judicial powers, somewhat analogous to those exercised by our Consuls in the Levant which system, on the whole, has been found to
No doubt whatever can exist, that full compen- work well. It is true, no mean authority (Mr.
sation will be made by the Chinese Authorities to Urquhart) has expressed the opinion that their
It will we think be our duty to stipulate in the judicial powers have been productive of much Commercial treaty, that all offences against the the
such British subjects, as may have been losers by mischief. Allowing for Mr. U's. Turkish prede- revenue or fiscal laws of Chima shall be a mulctu-eak of the populace at Canton, No ary offence. The offence must of cource be legalable to the local Authorities. The exertions they suspicion as the Instigators, is attach- ly proved and to the satisfaction of the British made to suppress the riot, the retribution they Consul. Then the difficulty naturally arises, what exacted from the offenders, and the apologies they is to be done, in default of payment by the offend- have tendered to the Plenipotentiary, convincingly der? Is he to go scot free? This would rarely prove their anxious desire to protect the lives and happen if the house, godown, ship or boat were properties of the Europead reprotect to be liable to confiscation by any prohibited or smuggled articles being found therein. Such a
situated."
lictions, we agree with Mr Mc Culloch who says. "We doubt whether they (the judicial powers) could be dispensed with in a country so peculiarly With much stronger reason, as we have shown, we hold them to be absolutely indis pensible in China.
We are fortified in our opinions on this subject by an undeniable authority on China affairs, Mr.
By t
that Peace is proclaimed, and that the Plenipotentialy by his Proclamation of the 14th No-
James Matheson, whose high intelligence, emin- liability would promote the most rigid surveil. S the way, it is very fortunate for the Canton earned him a well merited reputation which entitles lance by Foreigners themselves, and could preventvember has authorised their presence in the south-
ence as merchant and long residence in China
his opinions to great weight.
We have on many occasions cited his admirable pamphlet, late events have fully verified the ge neral correctress of his views and clearly demon- strated his practical sagacity and foresight. This gentleman also, urges the adoption of a similar plan to that we have pointed out, and says, the re- presentatives of Christian powers in Turkey have long exercised a nearly similar jurisdiction to that recommended. For very many years, he adds, no such thing as an execution of Franks by Turkish law had been seen in the Levant, where offenders are given over to their respective Consuls, who take into their own hands their punishment. if the
many infractions. Where British offenders could not, or would not, pay the penalty or fine, a power might perhaps be conceded to the Chinese of im- prisonment, but then
hen it must be with the full cog. nizance and by the authorisation of a Consul, who must himself see that no undue hardships are in- flicted on prisoners. To do this, he must have a jail and turn jailor, for death is better than incarcera tion in a Chinese prison,
The gross venality, the unblushing mendacity Foreigners are concerned, wonki rander us very and proverbial duplicity of Chinese officials, when chary, m ever according to them the power of mcarcerating a British Subject. All difficulties
ern Capital.
By the Macao notification, the merchants were warned against putting their persons and property in the power of the Chinese Authorities; and were told by Sir HENRY POTTINGER “if they did to, it must he clearly understool to be at their own risk and peril" We urged this at the time on the at- tention of our readers,
ceed to Canton, places the matter on a footing according permission for British merchants to pro- Happily the Proclamation (above referred to)
about which there can be no mistake versy. Hence it is, that we express
offence be light, or send them home to be tried by might however be removed, all obstacles over- opinion that an adequate indemnin
the laws of their country, if serious,
It is not be imagined that many grave, offences, will be committed by British Subjects, and ver rarely, can it occur (if committed agamst even) that the facts to be provable, will rex on the unsupported testimony of native with We can see no practical obstacle to grave matters, being transmitted to Hongko trial, with the witnesses necessary for trial or conviction in cases of life and death lesser offences, sworn depositions, attested by the Consul might suffice.
come, if now the IMPORT AND SALE OF OPIUM WERE last If not now insisted on, an early rupture is LEGALIZED. "To this complexion it must come at
we think inevitable, cannot but feel the time. has arrived when a decuive step should be taken in this matter Whate
be regulations of the ommercial Treaty, however liberal the New m the anticipated re-
Matheson,
effectual SUTES 10 secu our commercial intercou safe, advantageous, honorable and
We believe the Chiese Authorities to the North have so much confidence in Brush hondir, th they would assent to witnesses being
footing.
to forward the ends of justice
fenders Should it hereafter
Social Comman
Mmediately required and forthwith may have just claims for Chinese Authorities to all such Brit out the late events at Canton,
COLONIAL
WE are glad 10: the Colonial Nististics
and 1841 We
the
ty of spir
1840
use for the
1840
Kum
gallon
Brandy
contro
The
Subjects as
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