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(From the China Mail, November 6.)
⠀⠀ HONGKONG,
ANNO NONO VICTORIE REGINÆ,
⠀⠀ No. 13 of 1845. – By His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor and Commander in Chief of the Colony of Hongkong and its Depen dencies, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China, with the advice of the Legislative Council of Hongkong
Title.
An Ordinance to Establish a licensed Ghaut Serang in the Colony of Hongkong, and for the better Regulation of Lascars resorting thereto.
(25th October, 1845.) Preamble,
1. Wherras it is expedient that Lascars resorting to the said colony should have, according to usage, the aid and superintendence of a Ghaut Serang, and also that Legislative provision should be made as respects them and such Serang: Be it therefore No person to get as enacted and ordained by the Gov- Ghaut Serang, or ernor of Hongkong, with the ad- Jodge, or ship Lascars vice of the Legislative Council without Lacense.
thereof, That from and after the passing of this Ordinance no par- son shall act as a Ghaut Serang, or lodge, or ship, or contract for the shipping, of Lascars in the said Island, or the Harbour thereof, without first having obtained from the Colonial Secretary of said Island an annual License for that purpose, in whose discre tion it shall be to grant or disallow the same, and that a sum of Two Hundred Dollars shall be payable on the issuing of every such License, and that every person acting as a Chaut Serang, or lodging, or shipping, or contracting for the shipping, of any Lascar, without such License, shall be liable for each offence, to a penalty not exceeding One Hundred Dollars.
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THE FRIEND OF CHINA AND ITONGKONG GAZETTE.
trust not preclude the insertion of this communication in
your Journal. That the tale is true, no one can believe, on Bach vagne, grounds-alas! if it be can only, witile apo- logising for having mistrusted your information, look for ward with impatience, to the immediate fulfillment of the painful duty that devolves upon the Society of which the unfortunate individual is a member-that of solemnly her publicly condemning his conduct-I can imagine no other means by which the Society may avoid parucipation in bis gailt, and avert the serious injury which such an occurrence must exercise on their future benevolent exertions; indeed, such a story current amongst the Chinese will, unless se dulously and publicly condemned, utterly neutralise all our efforts; Compassion to the unfortunate Culprit must merge in consideration for those liable to suffer by his guilt. If the Society, whose reputation and usefulness is thus placed in je pardy, is the American Medical Missionary Society of Canton, of which Dr. Parker is the worthy head, who can estimate the torture which that amiable man must endure in exercising the painful, but inoritable duty of censuring an erring Brother
Bat perma me again to doubt the whole statement, unless better authenticated.
Fam, Sir,
Your obedient Sorvant, INCREDULOUS,
To the Editor of the Friend of China.
Hongkong, 7th November, 1845.
Sir, I have received from Canton this morning, some in- formation regarding an occurrence, of which I had no know. ledge previous to that conveyed by your last feste, it is written by a person resident merely pro tempore, and who nan bave little interest in the matter beyond that of regard for "the whole trath," and it may perhaps serve as another proof, to show how necessary it it to examine both aiden of the Shield" ere we farm and express, our too frequently pro Integrity I am happy in beating the most honorable testi- judiced opinions. Elere are the words of my friend to whose mony.
Referring to the editor of the “Mail", it may be, that he concurs in the sentiments and opi. nions of his military dry nurse, and that even the sycophaney of the last paragraph, is not too gross for his mental conceptions, but when he makes himself the tool of others, we would advise him to clothe, their sentiments in his own language,
now sentence him the Prisoner, Clerk of Works Rowland Rees, a Civil Officer employed in the Roy- at Engineer Department under the Ordinance in Hongkong, to be dismissed from all employment in Her Majesty's Service.
(Signed) THO'S SCOTT REIGNOLD,
Lieut.-Col. 18th Regt, and President. Victoria, Hongkong, 31st October, 1845. Approved and confirmed, and the name of Mr. Rowland Ress to be struck off the list of the Civil Officers of the Ordnance Department from this date. from which his pay and allowances as Clerk of
(Signed) GEORGE D'AQUILAR,
Major General, Commanding the Forces in China,
:
A discussion of the matters, preferred against Major Aldrich, by Mr. Rees, does not appear necessary, as we presume they will be thorough ly investigated by those who are bound to pro-Works will cease. tect the members of their department from: licencious tyranny. The second charge npon which Mr. Rees was arraigned, is one depend log entirely upon his liability, or non-liability, to military law. If he was not under the control of the Major General, he wisely refused to obey an order, which would have destroyed his domestic arrangements, or lead to the sacrifice of the lives of those he most esteems; if he was under command of the Major General, the refusal to obey an order, however unrea-
sonable that order might be, certainly was a breach of those rules which are so necessary for a due support of military discipline.
We have asked Mr. Rees for a copy of the address read by him in court, which we sub. join,
(Copy)
Victoris, 29th October, 1843. .. Gentlemen, have been ordered to appear hefire you by the Hon'ble Major General D'Agular And in deferenes to the Major General's position I come, but I beg with all respect to decliné admitting that the Court has any Juris.. Military Law,
5th November, 1845. REMARKS BY THE MAJOR-GENERAL-COMMANDING,
Having approved and confirmed the sentence of the Court, in virtue of the powers vested in him by ing desires to make the following observations: the QUEEN's warrant, the Major-General-Command-
He has seldom, in the course of his service, seen a case that calls more immediately for an example. Every means was adopted, both personally by the Major-General, and in writing, to bring Mr. Rees to a sense of his error, and to impress upon him the in- evitable consequences that would ensue from a per- severance in his insubordinate conduct. He was distinctly informed by the Major-General, that any grievance, either real or imaginary, under which he laboured, should he immediately enquired into, provided he brought it forward in a temperate and
He was cautioned more par. "The present has principally as an object to ex
respectful manner. ticularly against the use of all insubordinate lan." plain to you, the true oause of the cowardly letter against missionaries, which appeared in the yesterday's "Friend diction over me or that I am in any manner amoanable to guage. He was furnished with a copy of the Mu * of China" "Dr Balls (for we have no right or reason, 10
tiny Act and Articles of War, and the clause under- withhold the name) Eas struck the Sandwich Island woman, to whom he gave a Shelter which no one else would after, is true, but only under his control with respect to the per- nearly three weeks before his trial. He was allow I am a CiviAN, Employed under a Military Officer it which he was amenable distinctly pointed out to him the received a FEW strokes over the suOULDER, for what formance of my duties, and should he be dissatisfied with ed, on two separate occasions, (out of consideration merely for repeated attempts to prostitute herself amongst my execution of these, if he please to take the responsibi- the Chinese Coolios. See had been locked up, once belity he can suspended me and refer the Subject to the for his wife and family-considerations which in from the toolies" fure for it, and at last refused to obey, when called away Master General of the Ordnance who alone has authority strictly are not permitted to enter into millitary to remove me from the Post, or Office to which he has ap- proceedings *), an opportunity to withdraw his of You may imagine what the father of two intelligent pointed me, or should the Commanding Engineer be disfensive letters, and express his contrition for them. girls, and a man of Dr Ball's character, must have felt at inclined to incur this responsibility, the case might have together with his readiness in future to obey orders. * witnessing such scenes,"
been referred to the Respective Officers who only are the representatives of the Board of Ordnance in this place. All. however, was of no avail. During a period of eight years since in the Deparmient Serving in England, Scotland, Ireland and Gibraltar, has never occurred to me to suppose for an instant that I. am liable to Military Penalties, and I have therefore never taken any steps, nor have I been called upon by any authority, except in this case, subsequent to the Commen- cernent of these proceedings to make myself acquainted with Military Law, whose provisions I may doubtless of
You will have the goodness Sir, to suppose yourself, or any man of upright fealing, placed in a situation similar tu that of the party above named, and giving us an opinion as canded as that to your Canton Correspondunt, say “was there not a cause,”
II. And be it further enacted Serang to establish and ordained, That every such Boarding Houses, and Licensed Serang shall establish, cause registry of their inmates to be made. for the use of said Lascars, one or more Boarding Houses, for each of which houses he shall take out and procure a separate License from the said Colonial Secretary, which, however, shall be granted on payment of a. Fee of Twenty-five Dollars; and that when and so often as any person acting as such Serang shall res ceive into any of said houses, as a Boarder or Lnd ger, any Lascar or other Seaman, he shall, within Twenty-four Hours after the period of reception, cause the name of such Lascar or Seaman to be re- corded in the Office of the Registrar-General, toge- ther with the fact of his having become such Boarder or inmate of said house, and whereupon the said Re gistrar shall issue a Certificate of such circumstances: ENGLAND
Provided always, that previous
the "Government in
Ghaut Serang to to, or upon said Serang obtain. furnish, for approval of ing such License, he shall sub- Council,a Scale of char. mit, for the Inspection and ap- ges, and exposo same proval of the said Governor and for public inspection. Legislative Council, a Table or Scale of all the Charges which
are to be made against every such Lascar, for Board- ing, Lodging, or Shipping; and that no greater sum shall be received or demanded, on the foot thereof, by such Serang; and that a true Copy or Transla tion, in Hindostance, of such approved Table, shall be hung up in some conspicuous part of each of the Boarding Houses herein mentioned, as also in the Harbour Master's Office: And it is further provid- ed, that in the event of such Serang not complying with any of the directions or provisions of this Sec tion, he shall be liable to a penalty not exceeding the sum of Fifty Dollars for each offence..
ment.
It is a pity to behold the bitterness of Spirit, manifested in your correspondent's letter, against men, who "with like passion as ourselves," are alike liable to err, but to whom error is, nevertheless, a cause of deep sorrow,
UNITED STATES CALCUTTA BOMBAY
MADRAS SYONBY
I remain, Sir Yours very truly
X.
Juno Sept.
LATEST August 25 15
Sept. 21
Sept. 1 August
DATES,
BATAVIA
Sept. 30 SINGAPORE Oct. 19 MANILA --Oct. 18 CHUYAN
Oct. SHANUTAL
Oct.
20 20
FRIEND OF CHINA AND HONGKONG GAZETTE.
VICTORIA, SATURDAY, NOVEMBET 8P2, 1915
We transfer from the columns of the go vernment priot the General Order" of Major General D'Aguilar C. B. commanding the troops in China; we do not also re-print the editorial remarks of the Mail" upon Mr. Rees' court martial, as we are satisfied that, the military Gentleman by whom they were writ ten will yet regret the vindictive feelings which on this occasion have made him so peculiarly conspicious. Neither do we discuss the merits or deinerits of the award of the court, as that award has yet to receive the approbation of the highest military authorities guided by the opinion of a civilian Judge Advocate.
ten have violated.
Of my own knowledge I can state that I am the first person holding the appointment I do, whom it has even been attempted to try by a Military Court Martial.
In assoring the Court of my conviction that I am not ameanable to its authority, I answer the charges in the only way in which it is in my power to meet them.
These proceedings have brought under my review the reamith of manner and expresslim I may often have ex- hibited by treatment of a most irritating nature, a treat- ment I will not further particularize but which I am justi- fied in assecting is without a parallel in the history of the Service.
For all intemperance even under such circumstances, La glad to avail myself of this opportunity to declare my sincere regret.
The course you Gentlemen may consider it your duty to pursue may affest my position for the present, but it is to the Right Hon'ble the Master Generat of the Ordnance that I look for guidance and protection under these jne. redented circumstances and to him I have already ́ap- pealed
Perhaps it would be satisfactory to this Hon'ble Court 1 am in no means singular in my conviction that, I am not to heer from the Civil members of the Department that under military Law, as the same opinions obtains with them.
A True Copy, Rowland Rees,
Signed
ROWLAND REES. Clerk of Works.
GENERAL ORDER.
BY THE HONORABLE MAJOR-General D'ÁGUILAR, C. B., COMMANDING. THE TROOPS IN CHINA
Head Quarters, Victoria, Hongkong, 5th November, 1845.
At a General Court Martial assembled at Victoria Hongkong, on Wednesday, the Twenty-ninth day of October, One Thousand Eight Hundred and For.
pertinaciously persevered in insubordinate language Mr Rees, prompted unhappily by the worst adrice,ş to his Commanding Officer, and lastly, distinctly re- fuse obedience to the Major General's orders.
The result was inevitable. On being brought bo- fore the Court, Mr Rees refused to plead, or to ac knowledge any military jurisdiction independent of the Master-General of the Ordinance, and that too in the face of 324 Clause of the Mutiny Act, and the 141st Article of War. He did more-be stated, it is to be seen on the minutes, that the Civil Members of the Ordnance Departmcat entertained the szamo views; and that the Court might, if it thought pro- per, receive evidence of the fact from themselves,
The Court very properly declined entering upon such evidence; but the Major-General cannot see such a tender openly made, (and that too without the contradiction of which it was susceptible on the spot,) without putting the Civil Officers and all other members of the Ordinance Department on their guard, how they venture to carry such a prin ciple into practice.
If they count upon impunity for any dereliction of duty under the shelter of such opinions, they will bo egregiously disappointed; for while the Major. General desires to exercise his command with the utmost consideration to all around him, he will never for an instant compromise the claims of disci- pline, or remit one iota of the powers entrusted to him by the Queen's authority.
The Major-General has observed, that one of the excuses made by Mr Rees for disobedience of or- ders, is, that in being diricted to proceed to Stanley, he was ordered to an unhealthy station, and exposed to the occupation of a quarter that lund proved pro- verbially fatal. Now, without admitting for a mo- ment the right of any person employed under Miti- of his duties, the Major-General owes it to himself tary authority to select the spot for the performance to say this was not the case. In the first place, at
express arrangements had been made for giving Mr
to be any thing but unhealthy; and in the second,
occupied by a married Captain of a regiment in this
command.
III And be it further enacted Fenalty on the Se- and ordained, that the said Serang rang for knowingly shipping an inefficient shall be liable to a Penalty not Lascar.
exceeding the sum of Twenty five Dollars, when and so often as he shall knowingly ship or supply an inefficient Inscar as a Seaman on board any ship or vessel.
IV. And be it further enacted We attended the court martial, partly from the No Lascar to be and ordained, That no Master or shipped until the Hor. Owner of any vessel shall ship acquainted with feel him for Mr Rees, and partly er employed in the Royal Engineer Department
regard which we, in common with all who are tv-five, Clerk of Works Rowland Recs, a Civil Om, the present aneson of the year Sandy is well known - bour Master shall have
or receive on board his or their inspected him andsign- ed the shipping agree. vessel any Lascar, until the from a desire to make ourselves acquainted with under the Ordinance in Hongkong, was arraigned Rees a very good quarter, being one at that moment
Harbour-laster shall have ins- the proceedings of a military tribunal. It will be
on the following charges:- pected him, and attached his the observed that Mr. Rees denies the legality of
First Charge-With having, at Victorin, Hong. Harbour-Master's Signature to the Shipping Agree the court; he claimingthe privileges of a citizen.kong, on or about the Fourteenth day of October, ment of every such Lascar; and that every such It is not for us to say whether he is correct in One Thousand Eight Hundred and Forty-five, ad- Master of Owner 20 shipping a Lascar Seaman with the opinion which he has formed of the precise dressed a most insubordinate ant disrespectful letter out such Signature so attached, shall for each offence nature of the appointment he held in the public to his superior Officer, Major Edward Aldrich, the be liable to a penalty not exceeding the sum of Fifty service, but, we confess that to our humble ca- Dollars.
pacity, a man who holds neither commission nor V. And it is herelly further warrant; who wears no uniform; who does Penalties recover- enacted and ordained, That all not carry aims; whose wife and family, in the reth Penalties imposed by this Ordin-event of his denise, draws no pension is to all pino Magistrate. ance shall be recoverable in a intents a citizen, and is not amenable to military
summary manner before the Ma- rine Magistrate of the said colony, and be applied by law. The WARRANT referred to by the military the Marine Magistrate, of the public purposes thereof. SUB-EDITOR of the China Mail enumerates a mong the civil officers of the ordnance depart ment the "Clerk of the Works"; but in doing so Passed the Legislative Council of Hongkongit simply refers to the drawing of forage, and in
able in a manner before the Ma
this 25th day of October, 1845.
J. F. DAVIS. Governor, &e. fc.
ADOLPHUS E. SHELLEY,
Clerch of Launcils,
Commanding Royal Engineer, therein describing and characterizing the official conduct of Major Aldrich as manifesting towards him (the Prisoner)
persecuting tyranny," "unequalled in vindictive ness," "without precedent in the Engineer Depart ment," "and exulting in the evil he had done."
Second Charge-With having, in a letter dated Twenty-first day of October, One Thousand Eight Hundred and Forty-five, to the address of the Com manding Royal Engineer, refused to obey an order issued by the Major-General commanding the Troops in Chins, directing him (the Prisoner) to proceed and do duty at Stanley; such refusal being deliberately advanced in the face of two separate admonitions, which had been previously conveyed to him (the prisoner,) one in a minute under the Major-General's own signature, dated Eighteenth a- October. One Thousand Eight Hundred and Forty! five, and the other in a letter from the Assistant Ad tant-General, to the address of the Commanding One Thousand Eight Hundred and Forty-fire. Royal Engineer, dated the Twentieth day of October
itself cannot bring the Clerk of the Works," (whose very designation is anti-military,) under military law. Upoa decision of the court martial, we give our opinion with some ORIGINAL CORRESPONDENGE. defference to that held by eleven commis-
To the Editor of the Friend of China.
sioned officers who formed the court; whose Hongkong, 6th November, 1845, St.-Permit me without offence to acquaint you that opinion was sanctioned and approved by the the leading article in your yesterday's Paper, with its acony. Major General. We express a hops that the mous communication from Canton has been perused. I find proceedings of this court will not be approved generally, with a feeling of much regret, not devoid indeed and confirmed in England. We are the more of reprobation at your own conduct in admiting imprmclined to believe that such will not be the result bable a tale and therefore so unfeeling a wander. That an individust selected and sent forth as a Medical Missionary from the irregularity of the proceedings of the a combustion of duties that cannot fail to produce a court. Wespecially allude to the staff officer, who found impression of humble serietenose spon sayintelligent in addition to his prompting the Judge Advomarding. inind-should so far forget himself, as cruelly and pessiona- tely to inflict corporal punishment apea an unfortunate este; advising with the prosecutor, benefiting woman (even if wicked and debateri, only the greater object the members of court with his advice, and event for his compassionate sympathy) is not likely to be beler. ed, and has, I sm glad to say, teen received with the incre.discussing points with the accused, also, we dulity it deserves, AND, USER FODEIVED, WRA L
Permit me further to remind you, that your general and well founded reputation for careful and impartial truthful.
bear, appeared as a witness!!!
The charges, upon which Mr. Rees was tried,contain nothing which in the alighest degree can tend to, injure his character, though, if he is amenable to martial law, they justify they
+
[signed] EDWARD ALDRICH.
Major Commanding Kayal and
Superintending Engineer, By Order of the Honorable Major General Com-
3. BRUCE, Captain, Arsistent Adjutant-General. Fading-The Court having maturely coasteral the Evidence adduced in support of the Proscation, together with the Prisoner having declined to enter in any defines, is of opinion, that bie Prisoner, Clark of Works, Bowland Resa Civil Officer ex played in the Royal Engineer Department, vades
Buss, in this instance, unhappily only adds to the mischief uch a statement is calculated to inflict spon a most west, torious body of men-by praiably inducing many to lend an ensy credence to rova (1) story. I trust, therefore, that sentence awarded by the court. This may be a the Ordinance in Hoogkeez, is will, with you usual candour afford every facility to the car. cufation of the indignant denial, which every & Bowknotty point: we believe there is no precedent sionary will hasten to apare the landared and fuscled in for these proceedings, and the other members dividual himeeli, from the painful kumlapon of condescend of the civil engineer department, are also unter The freedom with stichi thus presume to remment upon the conviction that they are act subjected to your reception and admission of a heartless jake, will I - the jurisdictiua of a military tribunal.
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of the Fint Charge. Guilty of the Spool Charge. Guity Santines-The Cour fering found the Priseer guilty of both the Charges preferred against him. which being in breach of the aricles of War, dov
The Major-General has gone into these particu lars, because it is with deep regret, ho puts his ap royal to a sentence (however justly and impera tively awarded) that dismises any person in Mr R-es from situation further employment in the Queen's service, and because he is anxious that the exorciso of his powers should be combined on every occa sion with a sense of what is due to humanity as well
as justice.
*
have submitted these proceedings to the considera- Under ordinary circumstances he would gladly. tion of Superior Authority, but the Major-General performance of a painful duty where Discipline has is of opinion, that he has no right to shrink from the been so openly violated, and where the interests of the service demand from him on immediate example, By order of the Honorable the Major-General- Commanding
J. BRUCE, Captain. Assistant Adjutant-General.
SKIPPING INTELLIGENCE.
NovaEN,
ARRIVALS.
4, Douglas, Sumner. Whampoa. 4. Madura, Smith, Whampoa. 4 Sophis, Tanner, Singapore.
6. Sylph, Macdonald, Shanghai.
7, Sir H. Compton, Brown, Bombay (1) Septarul -
Singapore 9th October,
7, Anna Eliza, tárainger, Cummingrndon,
SAILED.
NOVEMBER,
4, Sophin, Tanner, Whampoa, 4, Red Rover, MaMurdo, East Cian, 5. Orient (Pd). Cazales, Whangaa. 6, Sulary, Schulefeld, Baunting,
1, Sea Park, Humphries, Whumpon.
LEPORTS.
Ariel, Hodson, Straits of Singapore to-day Marquis of Bute, Binnatyne, Liverpool toviny. Mormon, Eunaz, Whampoa today. Madure, Smith, Masila.
Anna Robertson, Munme, Muiras in a feer dage.
** This is readdle; comexputne tendile." If the Maja General has as commited himself be my fund tha
4. This is an axexcmon which it might be diffcale to pigan,
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