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THE FRIEND OF CHINA AND HONGKONG GAZETTE, VICTORIA, SATURDAY, SEPTEMBER 21ru, 1845
tion. In our last issue, we pointed out the wid ference between the government
which the f and Hongkong,
appear to put on a par, and the
a chuckle, accuses us perversion 0
is his opinion, and gives an extract from
dnts letter to prove that we are wi
the fairest plan is to give two
this
brated epistle. First In this last act
to South Australia) the crown is only empowered to issue commissions to a Governor and Legisla "tive Council and to empower them to enact laws * and ordinances to mention in references them is made of power to impose taxes. But another clause authorises the Crown to convene an assemb ly of representatives and to this body and the Go "vernor is attributed, the power of imposing and levying taxes. This is clear enough, but what says the second extract?" The Act 6c and
forms, cap, 80, for the better government of her Majesty's subjects resorting to China, is neatly in the same case as the last act for the government of South Australia. We apprehend that people reading this passage would understand it to be as serted that the governments of South Australin and Hongkong are nearly the same. Such at least was the impression it conveyed to us, and we thought it proper to point out the difference between our secret, exclusive comcil of adece and the open legislate council of South Australia. For doing this we are charged with perversion.
The Mail has a long artick -a very good speer men ofthat style vulgstly termed the rigmarole-upon taxation, ordinances, and so forth. We do not pretend to understand much that appears in the mystic columns of our contemporary nor do we think he is very clear upon some points himself, it appears, however, that he is at length satisfied of the truth of what we have often told him, and even re-echoes out option of the policy of a legal appeal against the police rate Verily weappear to have made a convert, though one, we grieve to say, we cannot be proud of-without truth and sincerity, we cannot esteer men or papers. For his next issue, we task the China Mail with given upon this important subject as brought before the reconcilement of the various opinions he has his observation in our last issac.
H. M. Ships Gasto, Captain Graham, and Driver (Steam) Commander Hayes, sail for New Zealand to-day, and they will take with Them the bearty good wishes of the inhabitants" of Hongkong. In this limited community, few, f any, are without acquaintances, if not friends, on board, and from that true specimen of a Bri. Lish seamen, Captain Graham, downwards, they will probably all leave those who regret their absence, and would gladly see their return. The ships proceed direct to Auckland, New Zealand, from whence such operations as cir- cumstances render necessary will be directed against the insurgent natives if we may apply the term, to men, on their native soil, contending for the rudehberty of barbarism; or to fanatics, bu partially acquainted with christianity, rais- ing a banner believing themselves the inspired Instruments of the Deity. Of the result of the insurrection there cannot be a doubt, but it may be longer protracted, and more destructive of life than is now anticipated. The islands are large, mountainous, and wooded, with fastnesses only known to the natives, who are a bold, ac- live race. They have an abundance of arms and ammunition, and will continue probably to receive supplies from the foreign Whalers who cruise off the islands. In such a country, an invading force will labour under great difficulticed fies➡warfare, becomes bush fighting, and from the gigantic fern with which the country is co- vered, and the necessity of carrying provisions, where there is neither stock nor game to be met with, military operations must be slow. In such a country, a desultory warfare may be protracted for years, unless a large force is sent to suppres it at once. John Bull ever under-rates his foo; but we believe he has at length discovered that the most economical, and the most humane plan, in such affairs as that of New Zealand, is to employ a Jarge force at once. Ifa pacific settlement is not soon made, we expect to hear that a few regi- ments have been sent on from India, and pro- bably that the native interest has been divided by concessions
The naval force, will consist of the Custor, Driver, Cruiser, and Hazard, the surveying vessels Fly and Bramble are also in these seas, though it is doubtful whether they will take nny share in the warfare, The squadron will be under command of the Senior naval officer, Captain Graham, who, it is rumoured, will hoist a Commodore's broad penang, it being intended to make the Australian colonies a nasal station.
We regret to hear that the Post Master has ro fused all appeals made to him on the subject, and persists in closing the mails for the Braganza at 12 'clock on the 30th, or eighteen bours before the Vessel sails. We need not enlarge on the inconve nience and injustice of this procedure, as well to par ties in Hongkong, to as those in Canton, Macao, or on the coast, whose letters may arrive after the hour named. The excuse made for this is, first, the want of assistance and second, instructions received from the Officer in charge of the mails to have them on board by six o'clock. Neither of these are valid. In the first place, there is no mystery in packing away lettere in boxes, and there are many young men idle who would gladly give their assistance, besides which several partics have offered the aid of pne or more clerks. In the second place, the Officer in charge has expressed his willingness to call at the Post Office at 8 o'clock for any after, or sup plementary mail, which could be kept open to 7 or half past 7 o'clock upon the payment of a small fine. This plan was suggested by Mr Gribble, Agent for the P and Q Company, received the approval of Sir Thomas Cochrane, and was cheerfully agreed to by the Lieutenant in charge, but Mr Hyland re- fused to adopt it.
By the way, the Mail dislikes our style of writing. with his usual inconsistency, he praules of our prac
pen, our elaborate articles; and now of our rambling articles!! Here are three irreconcilable opinions upon our humble composition in the course -elaborate of a few months. Practiced we are not we are not-rambling we may be. If it affords the Mail any satisfaction, we confess to having a very humble opinion of our own literary powers and if we have met with success, in pursuits for which we may be but indifferently qualified, it is solely because we have kept by the truth, played no card, courted no favor. We trust however, that with all its defects. our style is sufficiently clear to convey our opinions to others, a compliment which we cannot pay the elegant and courtly Organ of the "Yellow House."
HONGKONG GAZUPIL.
To that it will be brought to a legal decision
preme court next November.
present opportunity, respectfully muggesting to His Excellency, the propriety of his instructing the Honorable At
No. 48.
Sherill Office,
23rd September, 1845. -
Sias-In obedience to the Command of His Excellency the Governor, I enclose for your in formation the following documents.
I am Sirs Your obdient serets,
G. B. BILLIER. Oficiting Sheriff.
26 Messrs Hawkins, Massie,
und Larrer, Debtors Jail.
Victoria.
No. 47,
Sheriff's Office Victoria Hongkong, 224 September, 1845, Sm,-la reply to your letter No. 455 of this date, requesting for the information of flis Excels konoy the Governor an explanation regarding cer
in allegations brought against me by inmates of the Debtors Jail I have the honor to state, that having on Saturday last discovered that the Turu.
admit promiscuous visitors (among them Chinese) key, a native of Goa, had taken upon himself to at all hours and without due enquiry, I reprimand- ed him and directed that in future, no one should be admitted without a pass from the Deputy Sheriff, the Jailor, or myself. This precautionary meigitre, will not, I imagine be deemed by His Excellency an arbitrary one, when it is recollected that should a Debtor effect his escape, the Sheriff will becoma answerable for the full amount of his debt, nor sm
v General to draw up an ordinance extend-An original letter to your address from the
Honorable Officiating Colonial Secretary. ing the privileges of the insolvent act to Hong-
2-Copy of my letter to the Hon'ble the Of- kong. Such a measure would refect credit upon
Giciating Colonial Secretary the
government, and give satisfaction to the com-
3-Copy of the reply to that latter. unity. The wisdom of imprisoning a man for debris questionable at the best if Debtors can- not meet their obligatims when at liberty to attend to their avocations, it is certain that con- finement will not offer greater facilities for a The repealing the performance of this city. law of imprisonment for debt, may be beyond the legislative powers of this government, but they can so far mitigate its severity by an ex- tension of the Insolvent act, a measure which is usual in other colonies. Justice cannot demand more than a surrender of all a man's property to his creditors. If chicanery is proved, he can be punished by the refusal to grant him a dis- charge, hut under any circuinstance to keep him incarcerated in a Jail, where he can neither wore for him elf nor others, appears a bar barous mole of treating mon who in many instances are unfortunate, not through extrava gance or want of due prudence, but through circumstances which are beyond human con- trol. It may be argued, that an extension of the Insolvent act would encourage speculation, and it may be, a tampted frauds. This argument will scarcely bear inspection however. The punishments awarded in cases of fraudulent bankruptcy are severe, and Hongkong does not Indeed we are afford a field for speculation. under the impression that the Creditors in most instances would be benefited by the Insolvent act. At present there is no check upon parties leaving the colony, and rather than endure in abandon the place and their property, to the prisonment in this climate, they do at times positive enjury of ther Creditors. It was but recently that there was a case in point. A Shop keeper left, when or how is unknown, and one or two of his Creditors went to the premises and helped themselves to what they considered their own, to the manifest injury of others whose claims are equally good, but being more scrupulous in their mode of pro cedure will not recover a farthing.
To the Editor of the Friend of China. Sir, I beg to send you copies of two letters which I and other parties have felt called upon to address to the "acting* sequence of the extraordinary powers assumed by the former Chief Magistrate and Flis Excellency the Governor, in con..
Gentleman,
I aware that it is illegal. In no instance has an
Order of adınission been refused, and the assertion that I have declined to rescind the Order, and as- signed as a reason for so doing, the nanoyance experienced by persons passing the door of the Police Court, is quite without foundation. I had
communication with the Debtors on the sub-
complaint, a copy of a which I enclose. The or Ject, either directly or indirectly, until between 11 and 12 O'clock this morning, when I received a dinary duties of the Police Court, have not allowed me time to reply to this, and indeed it is couched in what appears to me, to be such improper Jan- gunge, that I was doubtful whether I should ba justified in granting a reply.
I am anxious that the Prisoner's confined fir debt shall enjoy the greatest degree of indulgence, consistent with safe custody; but I cannot consi- der the measure complained of, vexatious or unne- cessary.
[Signed.]
A true copy
I have the honor to bri, Sir, Your most obedient humble servant,
C. B. HILLIER.
Officiating Shoriff.
C. B HILLIER,
To the HoxORABLE MAJOR CAINE,
Officiating Colonial Secretary.
Mr Hillier under one of his own" ordinances issued ont edict to prohibit the "entrde" of any persons into the Del tors Jail and consequently every applicant is refused admis sion without obtaining a written order from this sell const No. 458. tuled "Head Turnkey" and that is only pr curable during office hours from 10 to 4 in case he happens to be there" before or after which his deputies have no power.
The following correspondence is, we think, sufficiently explicit, and allords another exam- ple of Hongkong official arrogance and injus fice. The conduct of the acting Chief Magis trate is perfectly inexcusable, and we regret it I need not, Mr Editor, point out to you that Mr Millier, whether in his capacity of "acting Chief Magistrate or She. extremely, as we were under the impression is committing a gross violation of "British law; and I that he was not infected with those harsh feelings cannot recollect that, among the various Ordinances concoct which are so peculiarly the characteristic of theed for the edification of Her Majesty's Loyal Subjects in China, there is one which could give this aspirant for Co. Executive of Hongkong. The injustice of renal digesties such powers. I may however be mistaken fusing access to the parties in the Debtors Jail is manifest, and that the arbitrary proceedings should receive the approbation of His Excel lency, is an other evidence of the ideas which he entertains of the duties of a Gover. nor in the parental care he is presumed to take of the rights and interests of the governed.
and beg of you to enlighten me on the subject; i simuld also oglad to learn how our worthy acting Chief Magistrate and High Sheriff got such a clear insight into a legal trade as to qualify bim for such important offices, unless he was what we term at sea a "Marine Lawyer
Really Mr. Editor, things are conducted in a very strange manner at this side of the globe; I have had my "liborly stopped" and a house provided for no rent free by some "Hooksm Snivi" proceedings, because I would not submit to rather barefaced extortion, but I will not enter into the details as the case will be investigated at the next "nini prius sittings in the shape of an action for false imprison. ment &c. when I expect that one of the parties.concerned. will not be "intoxicated" with delight at the result.
I remain, Mr. Editor.
Your's faithfully," A BRITISH SUBJECT. (Illegally imprisoned. }
Major Caine's late residence. Į Victoria, Bard September, 1835, 3
P. S. I send my name for your use should you see fit.
Debtor's Jail, Victoria, 22nd September, 1815. Sm-We beg to know ander what ordinance or local authority you assume the power of treat. ing as as felons, by prohibiting the admission of persons to the Debtors Jail.
We have to inform you that if the order is not forthwith rescinded, we shall represen: your con• cut to His Excellency the Governor, and also to
COPY.
·Colonial Offico Victoria. Hongkong, 23rd September, 1845. SIR. Having submitted your letter, together with is two enclosures, to the consideration of Sir John Francis Davis, Bart; tam commanded to convey to you the approval of His Excellency, as regards your precautionary measures towards the three prisoner's confined for debt, namely J. S. Lattey, J. Dalton Hawkins, and GA. Ma sie. Their complaint to you is disrespectful and im. proper, and thoir appeal through me to the fior- ernor of the Colony is still more so; they do not appear to be borne out in the accusations they have advanced against you and as the whole tone and tenor of their complaints are insolent and unjustifiablo, you will be pleased to forward them a Copy of this Letter, together with your's No. 47 of this morning to my address; informing them at the same time that His Excellency as at all times willing to attend to appeals and to redress real grievances; but in the present instance their complaint is groun fless,
I have the honor to be
Sir
Your most obedient humble Servant. [signed] W. CAINE,
Officiating Colonial Secretary. To C. B. HILLIER, ESQ,
Officiating Sheriff.
No. 459.
A true copy
C. BY HILLIER.
Colonial Office, Victoria, Hongkong, 23rd September, 1845. Sins-Your complaint dated the 22nd lastant was submitted to His Excellency the Governor and on carefully investigating the matter to which it refers, the Sheriff appears to have only taken. precautions imperatively called for in the execution
I am, Sira,
We are not sufficiently versed in HONGKONG law, to decide whether a Sheriff has the power to place other than the usual restraints upon Debtors on the plea that it is necessary for their being properly secured. Very sure we are, that in England, he could not legislate after this fashion. It is difficult. however, in Hong- kong to judge of official measures by a British standard. Here, there appears to be an utter disregard of all those established rights and rivileges of which Englishmen are so justly proud. It appears as if each member of the government made laws for himself and the persons, as well as the property of the inhabi. tants, are alike at the mercy of those, who do not besitate to injure both. If, according to Hongkong law, the Sheriff can place unusual restrictions upon the Debtors under his charge, they should thank his clemency that he does not put them in irons for addressing so great a person in such familiar language! It is intolerable that Debtors the public.
We are Sir, should have the impertinence to demand under It is impossible to have all correspondence closed what authority admission is
is refused to persons
Your most obed, serets. &c. &c. of his responsible Offico. and sent to the Post Office by 12 o'clock, and a wishing to visit them in Jail! This assumption of To C. B. Inter, Esq. pears to us, that without any great degree of trouble the freedom of communication, with such a high Acting Chief Magistrate. to the Past Master. Mr Gribblo's suggestions could be
Victorm. acted upon. Say that the rail closes at 12, and the and nighty potentate, as the acting Magistrate great bulk of the letters and all the papers will be of Hongkong, is branded by no less a person forwarded by that hour. The office could be open than Sir John Francis Davis as being insolent! cd from 4 to 5 for a first supplementary mail, We have no patience with this twaddle. Peo letters paying a fine of ed each, and again from 6 ple are first treated harshly, their feelings hurt, 10 7 upon the payment of Is each. By some and it may be insulted, by some oficial, whose To arrangement of this nature, all parties could be cone real rank in no higher than their own, and fenienced, and no great trouble thrown on the post when they express themselves strongly on the price. The fines wonkl probable more than pay | sabject, they are told they are insolent. We for additional assistance. It is to be hoped that Mr would by no means advocate a deviation from Hyland will reconsider this matter. As the vessel the usual etequite of official intercourse, and is open to receive freight until 4 o'clock, it is proth are at all times willing to pay that respect to sit all persons from entering the Jail, and which I that in the opinion of His Excellency the Govern
Puble that treasure will be sent at the last hour, the office, which we do not feel for the man, but
by the present aangemet the bill of lading could not be sent through the post office. As was the we submit that when men in aathority commit case with the last Steamer, the mail for which was themselves, as in our humble opinion be acting closed 36 hours before she sailed, many will be Sherif has done, they need not be surprised at obliged to ask passengers to carry their letters with an indignate appeal from the parties agored. them to Singapore, to be mailed at the post offce of Debtors are not felons, nor can they be treated that settlement, running the rex of neglect, baries as having to ask a favor which is contrary to the past. fiflice regulations.
The London correspondeos of the Mai, appears la be almost as contradictory es the verable gesi self, and our contemporary is quite solemn in defence 1 bis coadjutor, who has, it appears with car zid, convinced the sceptat of the illegality of szary tasa
Debtor's Prison. Victoria, 2nd September, 1845. SIR JOBS FRANCIS DATis, Bast. Govensor
OF HONGKONG ÉG &C. blay it please your Excelvacy. We the undersigned persons, now confined in tention to the unwarrassable conduct of the Acting the Debtor's Jail of Hongkong, beg to call
your at Chief Magutrale, who has issued an order to pro-
order he refuses to rescind.
We as not aware that in any one instance we
hase afforded Me, Hillier the slightest grounds forfes as felons, and the enle texson as gned for this legal stretch of authority is that be feels anered by persons paming the outer door of the police offer on the pathe path We believe that is England the hours of ade We beg most respectfully to claim your Feet mission to the Debtors Jail are from 4 toner's protection from this most arbitrary and
your obedient servant. W. CMNE. Officiating Colonial Secretary.
To Messra J. §. LATTEY J. DALTON HAWKINS 10. A. MAGIE.
Victoria Jail.
COPY.
Debtors Prison Victoria, September 24th, 1846. the receipt of your letter of the 23rd inst, stating Sta-We live to acknowledge thro' the Sheriff
or the Sheriff appears to have only taken pre- cautions imperatively called for in the execution of his responsible office Abo the receipt of a copy of Me Hillier's letter (No 43) to you and a Cy of your reply (No. 456) to the same.
9 P., and that it is merely necessary to apply units areatment, whie wil be attended with version, perfectly incorrect, is made, as we must
serions and injurious effects to us in our are if tasks for carrying on our business fra sarting
We are the honor, to be,
Year Exzellency Po Confest and cor humble saITIS. &
to the Turnkey for admonson. We are ut aware of any ordinance impowering the of Hongkongto change these regios, apprehend that in doing so he actu Upen this point we need pot extors
Mr Hillier estes in his letter to you that hav ing on Saturday last discovered that the Tonkey, Native of Gos, had taken upon himself to admit promiscuous Flators (among them. Chinese) at all beurs sed withnos dos enquiry se,” this represen
suppose, to mislead His Excellency and to cast an inputation on ur, for bad Me Hiller made onaniry he woull baze Bond that the “ promweunna gisit- protels consisted of respectable persons who secasionally come her chiefly on boumeau, and
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