728547-1843-14-Sep-1843 — Page 2

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THE FRIEND OF CHINA AND HONG-KONG GAZETTE,

"úms, and the nature of their claime upon the British Government now, it will be bacamary to look a little more narrowly into the transaction.

"

The bulk of the opium was held by agents in Canton, for the benefit of merchanta residing at a distance. The cinsignees in Canton were, for the most part, only agents of absent principals, thai ja, of many handrada of native Indian and other marchanza, many of whom were only is dependent upon the trade 4 small, way of business, and entirely was lying in the receivin“- skips at Lintia and Macao, beyond the reach of the Chinese thorities, and with at the Chinese waters. Two vennela cons taining 2400 chests of opiom had been ment away by Jardins, Masheson and Dent from Macao and Lintin; and batween three. and four thousand chasta-had been dispatched to the East coast. of China. The persons of the holders of the opiam at Canton had been pot under restraint by Commissioner Life, but the whole of the opium afterwards surrendered was,

and always had bean, entirely and utterly befund the reach and control of the Chinese authorities--civil, naval, or military; and the holders of it had resolved, at all hazırðs, never to surrender it to the Chinese auth rides. Nevertheless, to enable her Majesty's Superinten- dent to redeem his pledge to the Chinese authorities, and to deliver bim from a situation of extreme peril the Superintendent himself, British subjects as well those who owned opiam or had it in charge, as those who did not), missionaries, American and Dutch consuls, &c. &c., the whale opium on the East coast of China, not actually delivered, was recalled, and valuable contracte, which were in the course of completion when the recall arrived, were cancelled,

The low incurred on this occasion by the owners of the optuto was not a mere common case ut-loss by confiscation, no the break- ing out of a war, or by the declaration of an embargo, The transaction was, properly speaking, a loan by the agents in Can- ton to the Superintendent, to enable him to pay his and their room, which they were enabled to make by drawing upon funds of their employers, safely deposited out of reach of the Su perintendent's captors. The agents brought the opium from a place of safety and gave it to the Superintendent, trusting in the good faith of the Brigsh Government. The real owners of the opium were not, and could not be consulted. Their property was applied by English agents, not specially warranted to enter upon such a venture, to serve the purposes of the British Govern. ment, without their consent being obtained. If the opium owners are not fully indemnified, an impression must necessarily be left on their minds first, that the British Government has broke faith

with them; second, that the whole transaction has been a juggle

between their British agenta and the British Government

Amusing that this is the correct legal view of the case, the question súil remains--Was Captain ELLIOT authorized to com. tract such responsibility in the name of the British Government 1 The Chief Superintendent was, by act of Parliament and order.. in Council, invested with all the powers of the supercargoes of the Fast India Company; and it is well known that they not only exercised an absolute control over British trade with China, but had the right to condemn the property and to banish the persons" of British subject violating their orders. The Superintendent, therefore, held from the British Government the power of enfor cing his orders; the agents dared not disobey him The British Government adopted the act of its agent as its own, when it de- clared that one of the objects of the war with China was to obtain indemnification for the loss of property sustained by her Majesty's subjects" The maxim of law is that the act of the agent is the act of his principal; and here we have the principal expressly acknowledging it to be so,

There ains, therefore, only the question, what amount of compensaton are the owners of the opiam surrendered entitled to elain from the British Government? The true measure of com pensation to be demanded by one Government of another for property confiscated is always invoice cost and charges. This principle has been repeatedly acted upon by the British Govern. ment; they acted upon it in one of the latest cases on record, the British claims on the Brazilian Government. After the pil lage of the factories at Canton, the merchants handed to Captain Exmor a statement of their goods at INVOICE COST, with 17 per ceat, added to cover interest and other charges; Captain ELLIOT certified these accounts to be correct. If the British Government, which had been no party to the destruction of the property at Canton, undertook to procure compensation for its lows at this va- luation, much more is it bound to compensate the opium owners under a sacrifice which they could have avoided, but made in obedience to the orders of its accredued agent.

Yes in defiance of all these considerations, Government have resolved that for opiam, the cost price and charge of which at cont Canton, amounted to nearly two millions and a half, less than a million and a half [5,040,000 dollars) shall be paid Captain ELLIT promised the value of the opium should be "upon principles, and in a manner to be thereafter Majesty's Government," her Majesty's Gover

ther manner ner principle

they

though only 6,000,000 of dollar

12,000,000 of dollars has actus samoumpensation for

matter the treaty, Buzzer at Canton-Lord chanta in 1842, admitted Wall on sccount of the presented it as paid on circumstances of the case pensation from the Bett received nothing from the is attempting to make the have sent thera, in order.

This is a shabby hitherto bosted, and principles of honour attempt on the zinish in

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NOTICE TO CORRESPONDENTS. SHOOKS. The communications signed SxOOK", and SHOOKS No 2 are not written by the same person, CANTON. — In answer to complaints from Canton regar- ding the non delivery of some of our papers, we beg to state that they are regularly sent to the Post Office, and we shall try to find out who it is, that detains them, and where they are detained.

ENGLAND UNITED STATES CALCUTTA BOMBAY SYDNEY

YAYE

LATEST DATER. July 6 SINGAPORE

June 15

July 20

MANILA

Aug 8

May 10

CHUSAN AMOY

August 94 July 29 August 16

Beptember 1st

THE FRIEND OF CHINA,

AND HONG-KONG GAZETTE,

ICTORIA, THURSDAY, SEPTEMBER 14TH, 1843. We have received Loudon dates to the 6th of July. The News by the July Mail, present no new feature nor intelligence of marked interest. he agitation in Ireland for the repeal of the Union has been greatly augmented by the indis

the ernment, and despite the pert

revived by the Times,

ore the Heptarchy,” and the

ing

1 dismembe

tion of the

ble Wh er mu

on the interests of

Repeal

it would be much to the Britain.

and

The insurrectionary spirit was still very pre-

Wales

land the Free Presbyterian Church is

land the Arch priest of the

ment of the mercantile interests, we think they have hilly as much as could be reasonably

for claims equally just, (we mean the

nourred nearly forty years since

Claims

expecti Dan

The English

dences of the

ent but

of pred Mana

551 Mỗ

fall of

tified as 1 principl

the

unequivocal evi of the Tory gov- that there is no Whig rule.

Augusta of Cam- Grand Duke of Meck the occasion of asking, a grant of £3000,

per

excited much inter-

CB of H.M in a duel by Lieut

xte. The down- confidently prediet. his position, iden- of constitutional

ress both I France and America, vie in reat Britain for the occupation of the Sandwic Islands (an occupation professedly provisional), and which after all, will not, it is thought,

be rathed.

Confident expectations are entertained of a good harvest, and it is believed the condition of the rey. enue is improving, still trade remains in a very dull state, both Cotton wool, and Cotton goods, were lower the trade very depressed, and the failure of Messrs Harford Davis & Go, by throwing many hund gloom. It was said that Messrs Rothschild & Co., eds of people out of employ had added to the

had bought 30,000 tons of Pig Iron from the Clyde, at 263. per ton, Tea, was lower and still looking down. Silk, had improved, and full prices have been paid for China silks. uch as 21s, could be got for a good run of Tsailée, ex Ellora,

The appointment of Commander W. H. Hall of the Nemerts to the Royal Steam Yacht, VICTORIA AND ALBERT, 1s a distinguished mark of favor, most judic displayed by her Majesty, towards a truly meritorious Officer

The Depot of the 98th sailed on the 27th June for China in the Fairlie and Cornwall transports. While awaiting the embarkation, the men became sickly.

OBITUARY.

The Earl of Cathcart Sir. C, Bagot, Sir Robert Macfarlane, Lord Robert Kerr, General M. Napier, Prof Kidd (the Chinese Scholar) John Murray(the Prince of Booksellers).

on the

Howqua the Senior Hong merchant expired at Canton on the 4th instant. His biography would include all the important events connected with the Foreign trade during the last thirty years; hence we shall confine ourelves to a few character and conduct of the deceased

Howqua, was descended from Kien family, long resident the tea district, and his grandfather Amo

Honge who w

mercha

res

table To rincipal Black

cone of the

of the Can-

and

moy