354
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THE FRIEND OF CHINA, AND HONG KONG GAZETTE.
VICTORIA, SATURDAY, May 4ru, 1844.
Another melancholy proof of the state of insecu rity in which we live, and the depraved character of many of the inhabitants of this, and adjacent Islands, is now affonded us,
On the afternoon of Wednesday, a serjeant and
Superintendent of Trade, and the uncertain nature of the tenure by which their houses would be held, induce parties to be cautious in any transactions they may have with the Colonial Government of Hongkong. The unfortunate indisposition of Mr. Gordon, may however account for us apparent neglect, of which fact our correspondent is proba bly in ignorance,
The Americans have commenced enclosing the Garden in front of the factorios down to the river's bank. The Canton community are much indebted to the American Consul in this matter, who, as our correspondent remarks, although not a Naturalist appears to be a man of business.
The market is dull for imports of all kinds. In export the only purchases of any amount are infe- rior black Teas, principally Congous,
Wo cannot avoid taking notice of the kind lot tér, from the Officers of the 4th Regt. M. N. I. to the Captain of the Westminster. Nowhere are the best and worst feelings of our nature, so strong ly developed, as during a long and monotonous Voyage; and no where is dividually attending to t comforts and feelings of
four privates, belonging to H M 08th Regiment, others, to promote a doora necessary, by in Rupees. In the evening, when at the 3,000 |
avere sent over to Chuk-chew, in
the latter
place, the China boat, in which they had embarked, was suddenly run into by a piratical vessel full of men. The poor fellows in charge of the specie, though their arros were in the boat, were perfectly
of happiness among all. In the present instance, Captain Michie's atten tion to the Others of the 4th Regt, and
the
troops
of the Governor; but we hold it impossible for any man to have the powers deputed to Sir Henry Pottinger, without committing many errors, and causing great dissatisfaction among the people, whose interests, feelings, and requirements are un- represented in the Legislature.
The schome of a Supreme Court of Justice, presided over by His Excellency, is wisely aban doned. The Chief and Marine Magistrates meto has been pleased to grant them : equitably, in their out justice according to the judgment which God own opinion, no doubt: they are far above any intentional mal-adusinistration of their respectivo offices-this much for equity in this colony-law there is none.
in for equity in
His Excellency intends relieving himself and assistants of part of the onus of the Judicatory, by establishing a Justice of the Peace Count. Nothing is more required than a Court of this nature, where summary decisions are given by unprejudiced Justices, and where the fees of court are consi- dorable. From the first day they were opened, in both the Marine and Civil Magistrate's Courts, an unpaid, unbiassed, unprejudiced, and indepen dent Justice of the Peace ought to have sat on the bench with these functionarios. I such been the በ90
much of the discontenlad su
now prevails we are constrained to state our belief, that wany acts of injustice would never liave been perpetrat- ed, which unfortunately throw i u alur
on board, has been duly app chio menerous would never have been called unto existence; and
ly acknowledged. Captain
may be proud of the merited tribute his passengers have paid
by the long pikes of him which is equally creditable to the bestowers | Judicatory of the Colony. Whether on the
taken by surpristavator. One only, the ser-
the miscreants into the
jeant, succeeded in reaching the shore; he was wounded before being driven out of the vessel. Immediately the affair was known in Chuk-chow, a party went in pursuit; they found the boat in which the soldiers had embarked, with some of
and recipient.
There is an on dit in the London Observer, that five Barristers had refused the appointment of
colony of Hongkong, modestly de- Judge for the claring their inability to administer the laws as The Observer appears to doubt whether there is
the las
her crew slightly wounded. The money was of || there institutedly so much modesty among course carried off. Of the piratical vessel nothing the gentlemen of this profession, and proposes that required to assist in administering justice, when it
was sedu
might
bour,
changes at
are expected in all depart. its of the Colonial service, the Gentlemen in commission s
ns Justices of the Pence, may be wil- ling to come forward and take their scale on the bunch, is unknown to us. Should they now dembur, who can blame them? After being sworn
in for upwards of twelve months, they are now
is evident the present courts are totally unfitted for the purposes for which they were intended, and when an immediate renovation will take place. It may be a good stroke of policy on the part of attached to the Judicial shments, His Excellency, to throw a share of the odium shoulders of the Justices heretofore have had upon tho
the
their names should be handed down to posterity, Mr. Millier, the Assistant Magistrate, proceeded || **** to Chub-chow next morning, and minutely investi-
as a memorable instance of legal bashfulness. We We believe, at he/urselves do not doubt the fact. The state of gated the affair.
affairs in this Island is well known among the Could not discover the "slightest clue lead to the detection of the parties implicated gentlemen of the long robe; and although inan) Every exertion on the part of the Magistrates is look with a longing age to the hete still being used, to obtaormation as will || long array of Notifications published in the Gazettes no voice in the matter. Il toch is t load to the capture of the
we fear that hang as an incubus to the wished for gift. The with all the zeal which they over display in cases appointment has been viewed in overy light-die-will be frustrated; as it is well of a similar nature, they will not be successful. In cussed in all its bearings and, after mature deli. England, that the only parties who have had a
voice in the matter, are, Hm Excellency all probality the pirates have taken refuge on one beration, five needy lawyers have thrown it aside
Sir Henry Pottinger, a Major General in the Hon. Company's of the neighbouring islands. If one of the ty
as a thing which even they could not conscion
Service; the Hon. William Caine, a armed steam ships now in the harbour were to tiously accept. Some prophetic forebodings of
a Major in Hier the Acts of the Legislative Council may have
Majesty's cruize round these islands, searching every creek.
s Service; and Captain Pedder, R.N. The Ordinance itself (No. 10 of 1844) like its where a boat could land, they might light upon the thrown forward their dim shadows upon the waver culprits; otherwise wo
ing determination of the anxious candidate for alno predecessors, is voluminous, unintelligible, detection. We hear that
have public employment--he may have almost recon-
and contradictory. Wo speak without prejudice, after a careful porusal, that any Attorney's clerk put the Chinose police upon the scent. If through eiled his eye to the frightful incubus of Notifica
could draw up a botter document. them the locality is discovered, the steamer could tions and Proclamations, and begun to
see
two
pounce upon them before they were aware of her bright thoughts of Colonial dignity and future In the title it is termed," An Ürdinance to regu-
preanco.
It is evident the scoundrels must have accom- plices hore, who gave them information of the sad lesson
specia having been gaibarked; and of embark--
will impress upon us the impropriety ing in any native boat win our pos- session. Great exertions have made by His Excellency, to drive off the Island the scum who heretofore infested it. In this he has been tolern bly successful; but the expatriated find a refuge within a few leagues: we will always be liable to their prédatory, visits, and the navigation of the estuary of the Canton river will be attended with dunger from their piratical attacks.
We publish part of a correspondence, between His Excellency the Governor, and the Chinese residuis of the upper Bazuar. The right of Government to assume possession of that, or any other portion of
of the town, for improvement, or public purposes, is undeniable. The question is what compensation will be allowed the parties who have built houses on the faith of promises from, a government servant of obtaining a title to the same ? As the matter is still settled, it is not for us to enter toutely into the question; we trust however, for the honour of our country, His Excellency will deal more liberally with the Chinese, who have placed themselves under his fatherly protection, than he has done towards the European inhabitants of the Island. If we do not greatly err he will do so. The natural feelings of his heart, when uncontrolled by prejudico or un biassed by disliko, will constrain him to deal gene. rously with the poor creatures who have forsaken their own country and taken up their abode in this colony.
One Canton correspondent informs us, that the aren for the new Fautorios · all cleared. – As yet, so far as is publicly known, no steps liave been Taken for commonung burglin, operato not even a plas having bath fixed on The auricly. among the Merclimate fun obtaining allotment has very much moderated – The unsalt factory man ner in which pubille ulrairs are conducted by the
pendence, when this shadow has gathered around him, and blighted every hope of being able to fill the act of Judge in Hongkong being
-reconciling the justice of that colony to the laws of England.
late proceedings before Justices of the Peace," the preamble, before any Magistrate (Quary, paid Magistrate) 22 Justice of the Peaco. From this
wo surmise that, another military sene po
presume
to the
of a
added to the trinity. Be it so; in the
then Good frequently comes from evil. It may be person who has been regulary brought up ↑ that these
these obstacles, which
appear an impassable trade, we would as soon see a Red Jacket on the bar to our obtaining the wished for boon of a
bench, conjunctly with an unpaid Magistrate, as Judge who understands law,may yet be instrumentul any other; though the cloth may be in greater in striking at the rout of the petty code of anti- favor with ourselves than with others. This is a English laws about being enacted by the legislative trifling objection, if one at all: but the most extra- wisdom of the trio of military gentlemen who con- ordinary inconsistency is contained, in what we stitute the Council of this Colony, and represent
is intended for the firs
first article; although the crown, themselves, and the people. They are
no1number is affixed to it, whereby Justices are good and worthy men all of thom-gallaut sol-empowered to award pecuniary fines, without any but it is not in the nature of things that they can diers and agreeable companions we doubt not- limitation, and in the event of not being paid unthin one week to lany by distress on the goods and chattels of the offender, and well by auction for liquidation of the fine. Sir Henry Fottinger grants power to others, in the same unlimited measures with which he has received it. By this enactment, any man in the colony may be amerced, on a summary trist, in a sum which will cause his absolute ruin, und before he can appen), his goods are sold, and he is a bankrupt in addition to which, should the proceeds not cover the amount of line, he is cha- ritably provided with six months board and lodgs ings in a common gaol. It is true that, by an- other cunctment, the party fined can appeal, pro- vided he pays into court double the amount of the no awarded against him. Tlos virtually to a poor aan is no appeal at all. If he is fined a thousand dollars, the sale of all his effects might not realizo the half of the sum he has therefore no alternative; roin and imprisonment are awarded for what may The be but a light offence. Barely somo. im laban
should bavo been put to
power. If the offence nature, there will be other tourts, to whichis ld be transmitted. A suminary count is only intended for the prosecution of small debts, or trial for petty offences, here there is an unlimited. power over the poor man's proport, -udd to this the power of lilo and despotis countis
late for the requirements of a mercantile colony. As a constament part of the Council, they are unexceptionable; but as a whole, wa say with the Spaniards, no vale nada, We repeat, the very objections which now deprive us of Courts of Justice, will be the means of our obtaining them in the best form, and unencumbered with all those local ensements which the feelings of the gentle- men of the legal profession, and which their seru puosity of conscience will not dout of their administering to the people of this colony. The attention of Her Majesty's Government will be drawn to this singular fact, and a rigid sorutiny the state of aflhus in the colony will immediately follow Probably a distinguished lawyer wil sent out to establish Courts of Justice, and His first step, we anticipate, will be to on tinize the Ordinances of the local Go all, and daw up afresh auch Ordinance peculiar state of the colony may requix,
ment.
im
It is evident that Is Excellency the Governor now holds. After the great is for from satisfied with the unavikle position he
dored his country, it savou kindness to conungo him more than regal, in short, i a not ui mish plucad himself open to the people. It is to be res Flampotentiary is likely to be
to lay onld Nuit the
Shame of the ! - Wald ded islang up other claurer, also ished by the arts | the omission of a tabla el fons ; but the lika majale
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