THE FRIEND OF CHINA AND HONGKONG GAZETTE.
TOOCR SUBSCRIBERS. - The large amount of our out-standing Arrears, aquonishes us to request our Friends and Subscribers to, oblige us by forthwith Mulating our Claims, which, trifling as they are, indivudually,--yet, aggregately, amount to a consider.
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have been constrained to follow an example they loathed at heart.
It is well known, that in general, the evasion of the Port Dues in the Canton River, was one of the acts which called forth the reprehension of U. E, In an extract from a Memorandum addressed by y' Any remularity or. dely in the Delivery of Recipt of the H. E., to the late Imperial Commissioner, Elepoo || Paran, it brought to our mone we will end as fly vido our No. 10] itwas woll, and strongly put, shall be much obliged to out Mulererthers, a day will inform us
that In considering the anchorage and harbour when ans & lange et cesadenes takes places
charges, it is to be borne in mind, that the Govern ment of China has hitherto done nothing towards facilitating commercial intercourse, by building Light-Houses, laying down Buoys or moorings, and crecting Beacons, and therefore it necessarily follows, that those charges should be exceedingly light."
THE FRIEND OF CHINA,
AND HONG-KONG GAZERTE.
HONG-KONG, THURSDAY, APRIL, 27cm, 1843,
We hear that letters have been received The monstrous exactions on shipping in the Canton River have long been an acknowledged, from Chusan, by the Masdea, which ́men- tion the seizure, by iI. M. senior Naval and an oppressive grievance. The redundancy of tonnage the wretched condition of our mercan- Officer, of three British Vessels that were
tile marine, and the supposed early termination of trading at Woosung, which, it cannot be the old system-are strong grounds, we think denied, is as much the Port of Shanghai, [besides the weight of the above quotation] for the as Whampoa is that of Canton. It was Merchants endeavouring, if possible, to save a heavy on the ground, that said vessels were con- loss to the ship-owner, by getting rid of this flag- travening the Proclamation of II. E. the rant and long-complained-of exaction. Again, the unexpected demise of ELEPOO, and unavoidable Plenipotentiary, of the 14th November, delays in the adjustment of the Tariff, &c., should 1812, (vide our No. 36) that they were
plead, we would urge, as some apology for our sized. As far as we can judge, there was Merchants striving to counteract the mischievous- no other course for a Naval Officer so cir-operation of the old system, which they all con- cumstanced to pursue, unless, forsooth, the the Proclamation we refer to, is to be con- sidered as nothing more than a piece of
waste paper.
After the extraordinary decision in the ease of Erans, v. Hutton, in the Court of Common Pleas, reported in our 56 No, we should now hardly dare to affirm, that a direct violation of the Proclamation in question, would be held in England to render any ship, or cargo seizable. At the same time, the mature experience, and practical sagacity of H. E., and with his knowledge of the China Trade, leads us to think, that he would be the very last person who would issue a Proclamation he could not legally enforce.
Many persons whom we know, are ready and desirous of proceeding to the Northern Ports, and are only detained here by their respect for this Proclamation. --We think it would certainly be too
o bad that all such should be dammified, for respectful obedi- ence to the commands of Her Britannic Majesty's Plenipotentiary. Yet, are they not so, if the conditions of the Proclama- tion be not strictly enforced?
fidently counted, would, by this time, have been numbered among "the things that were."
the motives which prompted the communication to Every right-minded person, cannot but applaud
KEKUNG, and the consequent PROCLAMATION OF H. E. It must, also, be admitted, that it was very important at this juncture, that the Chinese Autho- rities should be fully assured that the British Go- vernment, neither connived at, nor approved the course now pursued in the Canton River. Such a disclaimer, on the part of II. E., would have challenged our humble, but hearty, commendation. Would that we could say thus much of the docu- ments under consideration; but we cannot, we are too much alive to the grave consequences which may result from an official condemnation, by II. E. of the conduct of the whole mercantile community.
own 3
explicitly declared, by competent authorities, that the illicit trade would inevitably, greatly increase, One gentleman, Charlos, Marjoribanks, Esq., a Company's servant, and long resident in China, went further, and avowed, that should the Com. pany's Monopoly be subverted-to quote his ow words--I think in should be all Sangglers in Chinatogether and there would then be noligʻil bruk in China" To this complexion, all acquainted with China, long since thought that it would cours at last, owing to the EXACTIONS OF Tin Chinese, which, since the period referred to, have been greatly augmented.
We have deemed it our boundon duty to ex- press our opinions on these important doctients, confident that our motives will not be mistaken nor misconstrued, yet, it may not be wholly inapt to cite a Despatch of Lord John Russell, to a Colo- nial Governor, wherein he urges the publication of a Government Newspaper. Among other excel- lent recommendations, he adds, such a paper should be “ without passion or partiality in favour of the persons administering in the Queen's name." Acting in the spirit of this injunction, we have penned the foregoing remarks.
It is hot justico to our Contemporary of the Canton Register, to state, that he, also, one occasion, (Feb. 28) joined us in calling public attention to the cunning smuggling trade in the Canton River."
Many inquiries have been made of us as to the term and tenure of the future holding of the land in Hong-Kong. Until the information called for in the Government Notification of the 10th April 1843, II. E. declines making the conditions known,' hence our inability to afford any authorized reply to numerous querists, who are deeply interested in the matter.
The latest Legislative Enactment which touches. on the subject of Crown Lands, was that of Lord Stanley, which passed last Session, and although the peculiarities of our settlement will necessitate. important modifications, we are yet disposed to, think the main principles of this very useful Act will be adopted, and rendered applicable to Hong-Kong.
The Act we refer to, is the 5th and 6th of Victoria, Cap. 36, entituled "An Act for regulat- Such a condemnation, emanating as it does, from ing the Sale of Waste Lands belonging to the the Chief Superintendent of the Trade of British Crown in the Australian Colonies." "It properly Subjects in China, forbids, we fear, that cordial declares that no land shall be alicnated, except by co-operation and assistance, which it was expected Sale, with the exception of such land as may
be would be gladly afforded by British Merchants, to required for public uses, or for Military or Naval H. E., in the adjustment of the pending negocia-settlers, conformably with the regulations made in tions for a Commercial Treaty. We may be favour of such individuals. wrong, but we are inclined to believe, that this news, when received at home, will beget the in- pression there, of the utter hopelessness of an early and satisfactory settlement of the most difficult. [the Commercial] part of the CHINA QUESTION.
We may be imperfectly acquainted with whet- passing around us; we also know H. E. has sources of information inaccessible to ourselves, and hence, perhaps, the justification for the strong We could only, in our last, call the attention of animadversions which our lack
k of knowledge ren- our readers to the remarkable Official Documents ders us unable to appreciate or commend. we then published. Even amidst the many claims upon the public attention at home, it is certain they will there create a sensation.
At the request of subscribers (themselves umpli- cated in a system they abhorred) we some months since publicly drew the attention of His Excel dency to the doings in Canton River.
In December last, it was said, in reference to these proceedings-" It is due to the Merchants to say, that they almost unanimously deprecate a sys- tein, which they hold to be discreditable, if not, disgraceful; but they allege they have been co- erced into it, by the force of competition."
It was then reported to us, but we did not avouch the fact [and it has since been contradicted] that it was the American Agents of the firm in question, who first adopted the system which has How called forth the strong official condemnation of H. E., Sir Henry Pottinger,
At the time we mention, our remarks gave great offence in certain quarters, and did not inconsider- ably diminish the list of our subscribers; all who then took umbrage we would now beg to re-peruse our remarks, and we ask, whether they be not tame and weak, in contrast with the indignant cen- sure with which H. E. has branded the proceedings at Whampoa?
We deeply regret that II. E. has deemed it necessary to use such strong language, and to threaten to publish the names of the parties impli- cated. Were he to proclaim the firm or firms which first embarked in this daring violation of the Chinese law, a large majority of the mercantile community would applaud the determination,
But the publication of the individuals imme- diately concerned in the system which has pro- voked the " unmitigated disapprobation" of H. E. would be proclaiming the names of every indivi- dual merchant, British or Foreign, now in China.
We must repeat, that the Merchants, in justice to their constituents-in maintenance of their own positions, and the necessities of the times,
The conclusion of the Proclamation, gave us, we are constrained to avow, a bitter pang. We will we have done and endured for the Island, but we
we shall quote this final His Excellency further intimates,
a paragraph
t such Smugglers, and then Boats and Vessels, will not receive protection in the Harbour or Waters of Hong-Kong.".
રા
If Hong-Kong be a Free Port, we have not, nor can we have Smugglers in
it, so far as the British. Government is concerned; and if our Port is to be FREE, not merely in name, but in fact, then, not the smallest impediment can be offered to the ingress and egress of Boats or Vessels laden with merchandize. We would not dogmatize in the teeth of the above declaration, but would respect- fully urge, that we think it is rather inconsistent with our recognized mercantile policy, and going a little beyond the requirements of international law, to euforce such hard conditions More, their strict fulfillment would be fatal to the best interests of the Colony, and effectually extinguish its rising greatness.
ish its rising Further, a like prohibition, if acted upon at Gibraltar, would annihilate the trade of that port. We say nothing of the direct encouragement of sinuggling which has hitherto characterized the course of British policy, nor the establishments which have been founded by our Government for the avowed object of affording facilities to contra- band trade.
We leave to others, to decide the moral and legal questions which, by the comity of nations, are involved,—all we would say is, that the circum- stances (as far as we can judge from the facts before us) which have provoked the honest indigna- tion of H. E., are neither novel nor unanticipated. Smuggling to a vast extent, even of so bulky an article as Saltpetre, has, by the confession of witnesses before the Committee of the House of Commons, on the Company's Charter, been in existence during the last twenty years. It was
uses.
En passant, we are glad to note, that sites for schools, places of worship, and places for the recreation and amusement of the inhabitants, as well as for their interment, are held to be in- cluded in the exception in favour of land for Public. With regard to Naval and Military settlers, they have, we believe, been allowed to commute their pay or pensions when purchasing Crown Lands in the Colonies. Lands are to be surveyed before being sold, and the Governor of a Colony is authorized to convey the lands. Quarterly sales by auction, are to take place, the same being duly notified by public proclamation, with the time, place, particulars of the land, and upset prices.
The lands offered for sale, are to be distin- guished into three separate classes, viz.-Town, SUBURBAN, and COUNTRY lots. The lowest upset price is fixed at one pound per acre. It is lawful for the Governor to raise the upset price at his discretion, by proclamation, and he may name a different upset price for special Country Lots, as well as for. Town and Suburban Lots.
Land which has been refused at public auction, may be sold by private contract, at the upset price at which the same was last put up for sale.
The purchasers of lands are required to pay down at the time of sale, in ready money, as deposit fixed by the proclamation, as aforesaid, but it is not to be less than one-tenth of the whole price. The residue to be paid within one month from the day of sale.
gration Commissioners, who are authorized to Payments may be made to the Land and Emi-
to grant Certificates; the production and payment thereof, are to be accepted as equivalent to the been given, in London. amount of money for which the same shall have
to be the primary charge on the Land Revenues. The expenses of Survey, Management and Sale, The gross proceeds of Land, to be applied
to the Public Service ales of to be appropri-
ated to the purposes of Emigration.
With regard to this Clause, in our No. 20 (when we adverted to the future Land Regulations, and and Rules) we pointed out to what a small extent gave a copy of the Colonial Service Instructions such an appropriation would be needed in this Colony.
under existing Contracts are saved, we quote entire, The twentieth clause of the Act by which rights in order to remove erroneous impressions, which are too prevalent with respect to grants made prior to the formal cession of our Island. It says,
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