728919-1847-03-Apr-1847 — Page 2

Government Gazette 政府憲報 轅門報 All

jesin within perer of Chinn, or the sel at a distance of not more Dao Hundred Miles from the Cost of

INNO DECIMO VICTORE REGINE.

|

i

THE FRIEND OF CHINA AND HONGKONG GAZETTE.

things fit, remit the same, together with all the pro,

coellings therein, duly autheblleté,, for dociera to the Court of Judicatures nt Hongkone aforesaid and in the interim the end Consul shell grant admi- nistration to such person or persons of the best credit and repute within such portas atpresaid, as may be willing to accept the same and give the usual security; and in default thereof the said Con sul shall, and he to boreby required, to act us atli ministrator himself, und to take a Commission of Two and a Half per conium on such property 89 may come to his hands, according to the statule in the case made and provided,

Consula to con

IX. And be it further enneted form to Rules of and ordained, That such Consols Court sanctioned as aforesaid, in the exocution of

Council. things obey and conform to auch Rules of Court as uncil, and to such instructions as may from time to have received the sanction of the Legislativo Ca. time be issued to them by the Chief Superintendent of the Trade of Her Majesty's Subjects in China, at the instance or suggestion of the Chief Justice of the Supreme Court of Hongkong.

Przellency air Your Emasas Davis, Tronel: Okamer and Commander i Chief of the Rony of Flonalong and Its Dependencies, and

Admiral of the me. Her Majesty's Pleni-by the legislative the powers given to them by the cleatis y and Chief Superintendent of the Trade dr Bauch Hobjects in China, with the Adrice of the Legislative Council of Hongkong,

In Ordinance to repeal and amend certain Ordinances relating Her Majesty's Conclur Officers in China, and Kamineizcala akes Provisions in lien thereof.

WARRBA) is in expedient to re- pealandament certain Orlinaners mading to fier Majesty's Consular Officers in

Comanku i lako

oforesaid.

Consulta power

Ordinance, shall in all matte

THE FRIEND OF CHINA.

AND TONGKONG GAZETTE. VICTORIA, SATURDAY, APRIL 30, 3817.

NOTICE. The hours of Dirine Sarried in the Coca- and on Thursdays at P.M. NIAL CHAPEL, are, on Sundayant à past 10 A.3, and 4 P. M

VINCENT STANTON,

Colonial Chaplain.

Victoria, 16th Nov., 1816

NOTICE-Uvion Chapel will be open Eir Public Wor ship at 14 Oklock A. M., and at halfpyse & Celook P. M. dating the winter months, beginning with the tat Novem ber 1840.

Victona, 19th October 18:0.

Sir John Davis publishes a short extract from Lord Palmerston's despatch of the 20th January. His Excellency has not found it con- venient to make known all the contents of that document, and without the context, the parts graph sumounts to vary filo. Lord Palmerston has received an ex parte statement of Mr Comp, ton's ense; but when the facts are fairly laid before him, bo may view the matter through a clearer modium.

X And be it further enacted fees in indicial pro. und ordained. That the said Com ceadings.

eul shall tako much feen in Judi- The Editor of the Afail is certainly a curious 1. Er it therefore minoted and ordained by is

„cial proceedings as are now ait- specimen of inconsistency. In aliudding to Lord Lullency The Governor with the advice of the

thorized to be inkun, or my herenfer from times to

Palmerston's despatch, he tells us that, "the ro Logistive Council of Hongkong, That from and

dine, with the sanction of the Legislative Council,

sult is just, what ought to have been antici- after the 21st day of March, in the year of our Lord

be fixed and allowed na the tarif'or table of fees of en Thepsind Eight Hundred and Forty-s0, the Supreme Court of Judicature at Hongkong

"pated though we (the Mail) have been ex- posed to much obliquy for saying so." This from which day this Ordinance shall coinmence

and take effect, un Ordinance pra

XL. And be it further enacted is the Mail's opinion on the first of April; but Celiance No, sed in the sixth and seventh year

on the 18th of March, it suited his purpose to in presence of a and ordained, That in case any ar of Her Majesty Queen Victoria,

Jedge of the Court Judge to the said Supreme Court -tako an opposite view of the merits of the case, An Ordinance to give Juilicial authority

of Hongkong. of Judicature at Elongkong shall, and in referring to it, he brands the proceedings Her Majesty's Consois within the Dominions

At the requisition of the Chief Superintendent, coma against Mr Compton as irregular, and in ne- *of the Emperos of China ;" and also another ON

within the limits of any such part as aforesaid, theglect of the very forms of law! A mind that dinance passed in the Eighth year of the reign of

power, and jurisdiction hereby given to the said can be turned inside out, like foul ilmen, may be Her said Majesty, intituled, An

Consul, shall (as the Judge, by writing under his convenient, but the deception is palpable und Ordlance No. * Ordinance to athorian the ex- 6, 01844.

ecution of the process of the Sand, shall order) either cense and determine dur-offensive,

ing the presence of such Judge, or shall be exercis preme Count of Hongkong in certain parts with

ed conjointly with the said Judge, or contine to be *f the Dominions of the Emperor of Chinn,"

shall be and the same are bereby possessed by the said Consul alone. are repealed,

XII. And be it further ensale: declared to be repeatedl

Consala to serve

dishke to foreigners evinced by the Chinese of Capton, and that the local power is not suf ficiently strong to suppress the popular wiil. The sight of a few foreign troops on the height may inflame the populace, and contrary to the wishos of thoir Hulors, an appont will be ada to arms; or if this should be checked, this batid will become more bitter, and drough the City is nominally open, foreigners will only find s faty within the walls of the factories, and even there they will be exposed to the outragos of a turbulent people.

But supposing that Koying has orders to re- fase the right of entering the City, and to resist force by force; and notwithstanding the late disastrous war this is quite possible, national vanity having found palliatives for past defeat, In that event, an attack upon Canton becomes a declaration of war, and Chinn will have to be conquered again. It is not to be supposed that the capture of Canton will be a termine- fion of hostilities. The Chinese know that wo have but a small force in this quarter, and that many months must elapse Before we can ob tain reinforcements from India, they will there. fore be encouraged to prosecute the war with vigor. If we retain possession of Canton, Hong- kong is left almost defenceless. If we abando Canton, it is no longer a place of residence for any British Subject, and British trade will again be carried on by foreign Agents, or it will find a refuge in this colony, where alone it can ever be transacted with security.

It is possible that we are on the eve of a war, anı our position being widely dif ferent from that we occupied in 1840, our in- terests have become more involved. Then, the privilege of trading was confined to one port, and through that channel it continued to How with little interruption. Now, we have five ports open to us, and at three of them--Can- ton, Amoy and Shanghai---important interests are at stake, and property has been acquired (al Shanghai) which cannot be removed nor dispos

11. And be it further enacted write and process and ordained, That it shall and Treaty, which is quoted at length in the subjoined edof. We have much to lose, but what have we

(The proclamation of Ya-Yih has given occasion to refer to the 13th clause of the Supplementary article, and the following commentary upon it ap peared in last Overland Friend of China --

"We quote a portion of the 18th clause. But Chinese purchasing goods at Hongkong, must ship In these few words the shipping interest of Great Britain is sa crificed; and a blow struck at Hongkong."

Consul to here the rate judicial and ordained, That Her Majest's authorien ne Courte Canals shall, within the Limits of at Hongkong, the Ports in China where they may be officially resident, possess the same juris. į shall be resident, and execute all writs and processes them on board of Chinese vessels," dietion, power, and authority. But is now, or eball hereafter he possessel, by any Court of Jedicaters at Hongkong, save always as is here. fnafer mentioned and excepted.

coci Esalence,

E And be it farther enseted

C::# {2 12se and ordained. That such Consul as aforesaid shall have full power to lequire concerning, and record the evidence of w witnesses, im any felbay, misdemeanour, or other cricical offence; and also in all civf actions, suits, sni matter whatsoever, but not to determine the same, tave ne hereinafter ineationed,

Evtle nee laken

21 abone to be tane Hed 15 Henghong and red at c Trist.

1. And be it further eracted

and ordained, That the evidence so recorded as aforesaid shall bo fransmitted, together with the te marks of the Consul thereon, and on the demeanour of the witnesses giving the ease, to such Court of Jelicature at Tongkang ay is now or shall berralter be erccted, which Court shall therapen daily procerd to hear, try, and determing any Criminaller Civil matters, and far that purpost - shäll admit and read the said evidence so recorded of

such ofthe said witnesses as siml he absent from Hongkong foresaid, saving all exceptions thereto which may appear to the said Couit to be vaisŮ end just

Consal to sfic. dinare in certain T3169.

V. And be it further enacted and ordained, That anch Consul shall have full power to adjudicato upon and determine all crimes, misdemeanours and other offences, which shallap peer to him not to deserve a greater punishment than he is authorized to indict under and in virtue of the provisions of Ordinance No. 7 of 1944, in titaled, *Am Ordinance for the better administra tion of Justice in the Consular Courte, and to es ablish a Registration of British Subjects within the Dominions of the Emperor of China," and Also to adjudicate upon and determine in all civil auits and actions wherein the sun claimed shall not exceed Five Hundred Dollars, according to the pro- visions of the Jast mentioned Ordinance.

VI. And be it further enacted In cases where

raore than and ordained, That in all suits or KOL Twenty Dollam ara actions wherein the sum claimed claimed. Comiso does not exceed Twenty Dollars, print to snch Consul as aforesaid may ap point, by writing under his hand, any one or more persons to bear and determine the same on his behalf, and under his Sepervision, Revision, and Control, which sail person or per. sane 3 appointed shall have the same power and sulbordy, and shall an all things demean him or themselves therein as such Consul himself.

Retermine the same.

Goran alowed

Dois their respect

VII. And be it further enacted o take scary Bail ordained, That in any crimi f Maner or pal proceeding, except for felony, Loy of the Crew of against the Master or any of the spot to Crew of any Vessel atur to leave such per na aforesaid, wherein the and evidence shall have been daly recorded as aforesaid, and it all appear that * adequate pomisliment can be awarded by way of Fine williant imprisonment, font it shall be lawful for 154 sald Consul (if he thinks fil) to take securi. payment of boy Fine which may be ein, and thereupon to permit the de thy Crew at the said chip their Trial before

adjudicate

enacted

and not witho

of the Chart at may be lawful for auch Consuls or Hongkong within other persons acting as such and the limits of the part at which they they are hereby required to surve whatsoever which shall or may be directed to them by the Supromo Court of Polienture of Flongkrong to be served and executed, within the limits of their respective pors but such Consuls or other persone acting as such shall not be called upon to go out of such limits to serve any gach writ or process whatever, any Or- dinance or law to the contrary notwithstanding and kamediately after the service and execution, thereof such Consuls or persona acting as such shall make a return to the said Gourt of what has been done the ron; and such Consule or persons noting as Ench ball and may demand, take, and receive

such and the Bliv fires for the service and exceution

thereof, as are allowed to the Sheriff for serving and executing the same within the Colony of Hongkon.

Recirr!n t# {{3u-

The words in italics are so marked by the Friend in order to give greater emphasis to a shameless interpolation, which those who have not the Treaty to refer to, tay suppose to be genuine. Such per the Friend, but they can never promote a good versions are perhaps necessary to the existence of

cause – China Mail, April 1.

(

to gain? We have to sustain the dignity of a great nation-wo have to show a semi-barbar ties with civilized powers, they must conform to ous people, that as they have entered into trea-

the customs of civilization-we must either ob tain security for our Merchants who reside at Canton, or we must destroy the place, and drivo dominereo from the port forever.

These are not mercenary considerations

With an ignoble spirit, we might be quiet under the contumely of the government, bearing the yoke meckly and outrages of the people, and the broken saith.

under the consideration that the trade was We advise the Editor of the China Mail to large and profitabile. Deeply as war is to be read the Chinese Repository for March 1844, deprecated, it is preferable to a dishonourable, or, if more convenient, the friend of Ching of peace; and should it be again inevitable, we the 17th April of that year. In either of these will look upon it as the means through which publications he will find a translation of the copy Providence carries out its inscrutable purposes. of the supplementary treaty hold by the Go

We do not believe that an empire embracing verment of Chinn, part of which roads,But so largo a section of the human family, will al "Chines" purchasing goods at Hongkong, must ways continue in a state of bondage, politically, ship them on board of Chinese vessels." The morally and religiously. In their regeneration Mail is pleased to assert that the words in italics nations have to pass through a fiery ordeal-fa- is a shameless interpolation," but after he ruses the document to which he is roferred, he and China may be about to enter upon struggles pe- reign and intestine war may be close at hand, may blush at his own ignorant and ill natured that will dissolve the superstitions of centuries, remarks. From the date of his paper (1st and upon a state of tutelage, which by grada- April) it is probable that some of his friends tons, will result in those changes which we are after his return to England, in a public speech, General D'Aguilar, Major Caine has been ap have been fooling him. Sir Henry Pottinger, told will come over the whole earth.

In the absence of Sir John Davis and Major the word oneul, ed and ordained, That the word admitted that the official translation of the sup- dinances, shall extend and be applied, as well to

Consel, in this and all other Or. plementary treaty was not quite correct. pointed Acting Goveanor. We do not in the

The prohibitory clause only mentions Hong-slightest degree apprehend any aggressive mea any Consul duly appointed by Her Majesty, as tokong, but the Chinese consider that it embraces sures on the part of the Chinese, but should any person who for the time being shall actually all British porta, and two years ago they refus they be so foolish as to threaten Hongkong, the be the Consular Agent at any such port or parts ed to permit the disembarkation of produce Acting Governor is a determined Soldier, and shipped in a British vessel at Singapore on Chi- although his force is small, it would give the invaders a warm reception. In the meantime, as a proper precaution, guards are being placed at different points; and should circumstances demand, the Inhabitants will be called qu but this is always an extreme measure, only to be justified when danger becomes imminent.

Hongkong.

III. And be it further enact- soly to be recursed and rdained, That all the re of the out of cards, processes, minutes, and other poceedings of Her Majes• ty's Cur uls, or copies thereofduly certified by such Conan, made or issued in pur- suance of his Ordinance, or any other Ordinance or Ordinances, shall to all intents and purposes he deemed and taken to be records of the said Court of Judicature at Hongkong.

1. And be it further ennat

Interpretation of

as aforesaid.

1

J. F. DAVIS. Governor, fc. fo Passed the Legislative Council of

Hongkong, this Eleventh Day of March, 18447.

No. 7.

L. D'ALMADA E CASTRO, Clerk of Councils.

(From the China Mail, April, 1.)

Diplomatic Department. GOVERNMENT NOTIFICATION. Her Alajesty's Plenipotentiary &, &c., deems it necessary to make known, for the information and guidance of British subjects within the domi. nions of the Emperor of China, the annexed extract rom a despatch dated 25th January, 1847, received for Foreign Affairs -- from Her Majesty's Principal Secretary of State

e

1

1 entirely approve of your having fined Mr. Compton, for I consider it indispensable that British subjects in China should be taught that if on and require from the Checce that British subjects one hand, Her Majesty's Government will exact should be as free from molestation and insult in China as they could be in England, yet, on the other hand, Her Majesty's Government will exact and require from British subjects that they shall in China abstain as much from offering toolestati on and insult to others as they would if they were in England; and it never can be tolerated that they should indulge towards the people of China in acts of violence and contumely which they would not venture to practice towards the bumblest and meanest individual in their own country."

By Order

A R. JOHNSTON Victoria, Hongkong, 30th March, 1847,

NOT

nese account,

From petty editorial squabbles, we turn to matters of grave importance. It is but too evident that the Government of China has been trifling with the British Envoy. Nearly a year ugo, a treaty was entered into between Str Jolin Davis and Keying; we are informed that The Gentleman's Gazelle of the 6th of Februa the surrender of Chusan was agreed to by us, ry contains some severe strictures upon certain and the freedom of access to the city of Canton surveys of Malwa opium, made promised by China. Chusan was given up in of receiving ships at Cum-sing-moon.

opium, made by the officers good faith; but Canton was not opened on the Gazette insiuates that the Commanders of these The day agreed to-the 31st of March. The stea vessels depreciate the character of the drug, mer Pluto waited off the factories until the that they may purchase it on their own account evening of the 31st, and then brought down in- and re-sell it to the Chinese.

To substantiate telligence of the duplicity of the Chinese, this charge, the Gentleman has produced no This was evidently anticipated by Sir John evidence whatever; and we take the whole as Davis, and probably under instructions from an idle story trumped up to fill a column in the home, His Excellency had a force ready | Indian to act as circumstances might demand,

paper Could the Gazette bring for

Brig Esmegle and the company's steamer Pluto; tion of the Merchants of China as well as those force consists of the Steam Irina

frigate Fulture, the ward evidence in support of his allegations, the the Vulture having on board 400 of the 18th of Bombay; but the absence of proof, leads to roguery would merit the approba

Royal Irish and 300 of the 42th M.N.I., which the conviction that the Gentleman has made 4 with a few held pieces, and 100 Marines, will slanderous attack upon a respectable body of be the available force for land service, though men. We known not whether he has engaged. a party of Seamem may be added if an attack the pen of Briggs & Co.'s penny-a-liner- Davis and Major-General D'Aguilar embarked, English-who, during his brief career in this upon the city becomes unavoidable. Sir John person whose morals are even worse than his and the vessels sailed early on the morning of quarter, proved himself a thorough rogue in all the 2nd,

The force is a small one for such an enter- prise, but although the troops are chervated by bard service and the influences of climate, we camot anticipate defeat, should hostilities be

inevitable,

The ulumate results of this measure cannot until be foreseen, but that they will be momentous

18 unont bied. The timid and

exposure of

hat talents.

Cuin-sing-moon Surveyors, Ifany of them have We are not attempting a defence of the been guilty of the crime with which they are charged, let them be exposed, but assumpun for just indignation, must not be taken for evidence, nor malevolence

2 large portion of the Malwa drug is nning Repre adulterated in India is undeniable. The roo

dated by the of the

to any

hey may

packing

Bombay and The Bombay Censured. Inr not taking be drauds that are com market

but Whites

under its bolief, that life the B

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