Diplomatic Departжен. GOVERNMENT NOTIFICATION.
His Excellency Her Majesty's Plenipotentiary, has the satisfaction to publish for the in- ormation of British Bebeets in China the annexed
For the Honourable the Major General Com
Her Majesty's forces, just received, on the of the expedition at Canton. The rapid and meses al course of operations begun and concluded within a period of shiny six hour* by the small Military and Naval force under the direction of Map General D'Aruir and Captain Macdougall the Beniar Naval Officer, is calculated to teach a lesson to the people of Canton which they will not soon forget and is a His Excellency intention po ho ult this place until he has placed matters on Penting consistent with treasy engagements and warthy of the Brkish nation. He rels that the roo Beration and justice of all bis former dealings with The Goremment of Chirin lenda a perfect sanction to which be has been reluctantly compelled to adopt after a long course of misinterpreted forbea
* His Bacalency
Sa Jons France Diva. Bart
c. &c, dia.
** Head Quartam, Camps, 3d April, 1847, 4 o'clock.. bare the banour to acquaint Your Excellency that in puçrance of the arrangements agreed upon between
on the lat instant, I am arrived, with the assistance of Captain Macdougali ofübe Royal Navy, and Her Majesty's hipe under his Commet, at the Brish Faceories, and have entablabeď myself hems with the troops under my orders, baming in the ecorse of the last thirty-six hours assaulted and tabed at the principal forms at the Bogue and in the Canion River, and aber destroying the gateways and blowing up the pagaritas, apked eight hundred and twenty-seven pieces of beary canno5.
As Your Excellency did me the heonut of acampar- ing me in these operations, and have yourself witnessed the depila, I shall not enter upon them in this place, but shal reserve them for the information of Her Majesty's Secretary of State for the Colonies taking care to supply Your Excel- Jener with a copy of my communication.
"I congratulate Your Excellency on this result of our Na- val and Minary operacons, and the more especially because, Bowldmanding the fire of several of the Chinese baiterres while the crops were engaged in the assault, we have had the good fortune to take possession of them at without the bong of a men. -I have-the-boneur, &c., &c.,
GEORGE D'AGUILAR-- Major-Generel Commanding the Troops in China"
By Cerder,
A. R. JOHNSTON.
British Consulate, Canton,
3d April, 1947.
NOTICE.
New advertisements, will be received, until 4
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March 15
བྷོཏི ཝཱ, སཾཝཱ ཟུ
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31 BIỆT HAI
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March 13 Jazart:
THE FRIEND OF CHINA
AND HONGKONG GAZETTE.
VICTORIA. WEDNESDAY, APRIL 7TH. IMIT.
During the present crisis, a summary of pass- ing events will be more valuable than editorial comments; we therefore lay before our Re. aders the intelligence from Canton as we re ceive it, merely asking that they will not be sur- prised at seeing the ships" appear in the pa per on its usual day of publication.
**
Dates are to the afternoon of Monday (ine 5th) and to-day (the 6tb) it is probable that the City has been attacked and carried. We ap- pend a Circular from Mr. Macgregor, and introduce it with extracts from a private letter. *Beveral meetings have been held to ask about in- demnification, c, bot the majority decided against the question being mocted at at so that we are (ill to-morrow)passive spectators. We are expected to be ander arma only in case of neet I fancy. The 14 Division have drilled, the 2nd are now about assembling and will be joined by the 3rd, all to be under the command of an Officer of the
amy to-morrow. Last evening 3 men were killed by the Sepoy Guard, in Minqua Street; and I bear that just now the people are firing on them from their housea near the same spot, but am not quae sure of the fact, and as we are busy in shipping co have no one to spare to go and enquire.
They bare barricaded the street opposite the Caneca house by putting large water tubs across the street and filling them with the paving stones the mob began to be dangerous at that point.
Our fellows will have an awful task tomOT.
I
THE FRIEND OF CHINA AND HONGKONG GAZETTE.
ployed to-morrow on coercive measures against the City, It will become necessary for you to bo pra pared for defence in the event of any attack being made on the Foreign Factories by the populace.
Thave the bonor to be,
Your most Obt. Servant, (Signed) FRANCIS C. MACGREGOR. TO THE BRITISH RESIDENTS,
Canton.
~Friend of China" Office,
April 5th, 1847. CANTON.
Our advices are brought down to 4 o'clock yesterday afternoon. The troops were quarter- ed in the factories, and the field pieces landed in the American Garden. On the passage up the various forts were taken the guns spiked and the powder destroyed. The only resistance offered was at the Barrier fort, where they were fired upon, and had to blow open the gates, We have not heard that any lives were lost.
Keying arrived at the British Consulate at 12 o'clock, aul was still in conference with Sir John Davis when our letter was closed. bear that His Excellency demands,--
|
made by one party or another; if I am right in this, how hangs our Treaty. We enter a friendly power's Fort (the Bogue) spike and destroy nearly 200 guna,acatter the powder to the winda-proceed up the River and are fired at by the Chinese, which wo re- turn of course, the matter no doubt has been well I weighed before auch steps were taken.
a movement now in itself, and unequalled in its re- sults, (so far as it has gone) it will farm the subject of discussion and comment throughout Europe.
But as it is
I am faithfully.
American name of the firm, to which Henry Wad- dington belonged, was Joshua Waddington and Company, The English name of H. Waddington's was produced to show that the partnership was dis- firm was H. Waddington and Company. Evidenco solved in 1812, but there was no evidence of a notic of dissolution. In 1813, an affidavit was sworn to by Joshua Waddington, in which he stated that Henry Waddington, residing in England, together with deponent and R. J. Newby, all citizen of the United Stapes, were partners, and that their business wna conducted in England by H. Waddington, who also conducts the English cusiness of the firm of I. Waddington and Company, which is composed of said Henry and of deponent',
Although no formal declaration has been
The claim consisted of a balance of account of ge. made, Great Britain is at this present mo- ment at war with China. In his treaty, Sir
veral thousand dollars, arising from transactions Henry Pottinger did not provide for such a
it is a matter of the ad, during the war, between the plaintiffs and Henry Haddington, in England. The suit was contingency; and, as
instituted in the Supreme Court of New York, and greatest importance to our Renders, we beg to
process was served upon Joshua Waddington, and lay before them the position they occupy, ac-
on him alone. The opinion of the court, adverse to cording to the established laws of nations, whore special treatios do not make provision the claim of the plaintiff, was pronounced by Ame for commercial relations during hostilities. We brose Spencer, then judge. Jadge Spencer déclared quote from "Hunt's Merchants Magazine" for that war either suspends or absolutely annuls those relations of commercial partnership which existed September. The writer refers to the war be-
when the war first breaks out; it having placed the Wetween the United States and Mexico; but as
a treaty between these powers, wisely provides two parties in such position that they could no lon- for the protection of the person and propertyger act as partners. Partnership, when unexplain ed, he defined as a contract by which the parties of the Citizens of either Republic during hos tilities, we have confined our extract, to the re. agreed to unite their joint skill, labor, and capital, Fush-lations of Merchants with a country against for the purposes of the partnership-a contract which death, lunacy, and the like events, dissolve which war has been declared. We presume immediately upon their occurence; because they it is understood that an act of oggression,
Ho re- as seizing the Bogue forts, is in itself a declara- destroy the considerption of the contract.
agrded the declaration of war as producing the like consequences, and as dispensing with the necessity of giving any public notice of dissolution of part- nership.
1st, Free communication with city. 2nd., Protection of person and property with- in the dominions of the Chinese empire.
3rd, Satisfaction for the late outrage at
an, and for the maltreatment of the two seamen belonging to the Mary Bannatyne,
4th, Ground, in a suitable situation, upon which foreigners may build dwelling bouses and
stores.
5th, A site for a Church; also burial ground for the Christian community, and a separate piece for Parsee interments.
There are minor grievances to be redressed; and it is said that a Circular has been issued to the Merchants requesting them to state what reasonable demands require to be conceded, Keying proposed that Sir John Davis should meet him at the public gardens above the City- To this His Excellency replied, that he knew no such place, and the conference must be held at the Consulate. The hour of I was fixed upon, and troops were drawn out to salute the Chinese Commissioner. With characteristic pride, Keying arrived an hour after the appointed time and, in consequence, did not receive a salute.
quite correct in the view he takes of the matter.
tion of war :--
such
In our
This cause was subsequently carried up to the Court of Errors, and the opinion read by Chancellor Kent in favor of affirming the decision of the Su- preme Court, is a master piece of legal learning
and acumen.
All-commercial intercourse between natione al war is interdicted by force of the very declaration of Any nation may, during war, cenfiscate an war. enemy's lands or goods within its limits. treaty with Mexico, however, by which, as will be bereafter seen, other important immunities and privi leges are mutually secured, certain property of an
The Chancellor stated that the law will not per- intangible kind is protected; such as dabis due from individuals of the one nation to those of the other, mit a citizen to recover upon an account stated in time of war, with an alien enemy, and composed of shares in the public funds, and the like. But it is illegal to remit any funds to the citizens of the hostile commercial transactions between themselves during tizen of adverse country, is a mere nullify The on n friendly intercourse while the government was Country A bill drawn by an alien enemy on a ci the war. If individuals, said he, could carry purchase of a bill on the enemy's country is illegal, at war, the acts of government and the arts of indi. because it may be relieving an enemy's wants. Andviduals would be contradictory. The will of one the enforcement of contracts made before the war,. or of a few would, as far as the example went, con- travene the declared will of the whole. Such a between the citizens of the belligerent nations, is sue pended until the restoration of peace; but a contract principle is certainly the parent of disorganization; of partnership existing before the war, is dissolved it inculcates a contempt of law; it throws obstacles in the way of public efforts, and it contains within We have just been put in possession of ano-so soon as war is declared. Contracts of insurance, ther letter from a friend dated yesterday mor- and most other contracts made with alien enemies, itself the germs of treason and rebellion.”
mies,After lorifying and ilustrasing his position by a ning, which we annex. Our Correspondent is during war, are totally illegal and void,
Ships of cartel and of trues are, of necessity, per- Our proceedings is a virtual declaration of war,itted at times to enter the parts of hostile nations; but they must be confined to their legitimate purposes, Where it as to end is an enigma, but we cer- and not be made the vehicles of trade The case of tainly think that our measures are not premis ransom bills forms a neccesary exception to the ge- ture, though it were desirable that the force neral interdiction of intercourse; and, indeed, a qua employed had been a stronger one,
lified commerce during war is often specially licensed by the governments of the hostile nations. But, in Canton, Sunday morning,
4th April, 1847. asmuch de commerce is a species of peace, it can. MY DEAR SIRA few is from the seat of war! only be authorized by the express permission of the may not be uninteresting to you: the "Corsair," "Plu-government, who may relax the rules of war at their to" versus Lerchas and Fast-boats with Soldiers, discretion. Guns and Stores, anchored off the Factorios yester day, to the surprise of the Cisine men, as much as to the Foreigners. Our first intelligence of the Gover nor's movements, came up from Whampoa the night before leat, where he arrived with the "Plato" and Vulture," a linle past eight o'clock that evening; you may conceive our surprise on hearing that all the Guns in the Bogue Forts were spiked on the War, urged Mr. Emmet, in its nature, is way up. Our Consul, like all of us, had no inti- violence. It is an exertion of force against mation of this new fashioned military movement. force. It is inconsistent with those speculative no- There were no Suldiers at the Bogue, consequentiptions of modern refinement that would make enmity the Guns were entirely disabled, and the few Coo- lies in charge, were made to carry the Jars of Pow der and through them into the water! No shots on our side were of course necessary, but on coming up to the Barrier above Whampoa, our Boats on ap proaching Napiers" Fort were fired at, the shots falling very near The Chinamen fired only 5 guns, heer had no diffoulty in landing, and by applying a left their posts and scampered off; an Engineer of bag of Powder to each entrance the doors were blowa open, and the Guns were spiked. The guns in the French Folly" Fort, Red fort" opposite us here, and that at Shaw-ming, have all been simi- larly treated, indeed from this, down to the Bogue, not a gun is serviceable, 650 to 700 have been
and
host of authorities, both ancient and modern, the Chancellor proceeded to say: “ It may be proper here to pause, and considered what has been hitherto shown. We have been considering the opinions of the most eminent jurists, and the usages of the most distinguished continental nations of Europe, tour hing the lawfulness of any commerce or communi Doc resea cation with the enemy in time of war rches, hitherto, have been confined to the European continent; we have scarcely placed a foot on British ground, and yet we see that the highest authorities on the law of nations, Grotius, Pullendorf, Bark- Friends are to be considered as enemies if residing maqui, Vauel, Bynkershook, and a series of more among them When the goverement of one nation subordinate and local opinions, such as those of declares war against that of another. it is implied that Boerins, Cleirac, Valin and Emerigon, and the ma the one nation declares war against the other; for the ritime ordinances of Spain, France, Holland, and government acts for the whole society, and all the Sweden, unitedly prove that all private cominuni. citizens of the one nation are enemies to all the cication and commnece with an enemy in time of war, tizens of the other.
and friendship, war and peace, co-existent between the same persons. If war is justifiable, it is a right of destruction; and as long as it endures, the rule that cuts off all commercial itercourse must be the law."
The ground." says Judge Story, in the case of the Rapid, 1 Gallison's Reports,] upon which a trading with the enemy is prohibited is not the cri minal intentions of the parties so engaged in it, of the direct and immediate injury to the state. The principle is extracted from a more enlarged policy which looks to the general interest of the nation, which may be sacrificed under the temptation of un limited intercourse, or sold by the cupidity of corrupt avarice."
+
It is appareat, then, that however, modern civilize tion may have mitigated the horrors of war, yet a spirit of humanity can only be indulged towards pub he enemies so far as is consistent with the object for which the war was undertaken.
And in the case of the Emulous, reported also in destroyed, not a man killed or wounded on either the 1st Gallison Reports, the same distinguished ju side! The affair is as wonderful, as it is laughable.rist observes,, that no principle of national or mu
These proceedings bring us up to yesterday nicipal law is better settled than that all contracts and 18th were being landed and quartered aboutthe This principle has ground hoary under the reverent afternoon, from that time up to 8 o'clock, the 42th with an enemy made during war, are utterly vold. longs; Sentries placed, and really the place is so respect of centuries, and cannot now be shaken quiet, and the streets so clear of filthy beggars, and without uprooting the very foundations of national hope, the affair will end as it has began, and that every thing now so much in earnest, that we only law.
the Negotisting" which was immediately set oa foot between Keying and the Governor on the latter's nam; bu some Chinese say that as Keying's arrival, will result is our getting a seitlement of our house not far in the city, and the streets all mer-rights, and these too, fixed so that in future, no douls cantile and very respectable, the mob will not annoy as to their character can exist then for going to far, but if they want to enter the We are in entire ignorance of what is to follow to Tartar part of the place, there will be the suggest day, which keeps us in a state of suspense. Many fille at the back of the eny are becoming parties have all their Treasure and books and pa with ters, and we hear of 3,000 men bating pets packed, and ready to move One proof that the
adiacent places (soldiers), probably
Chinese meditated no revenge yesterday is that the night before, THEY heard of our soldiers having to keep down the popuneer
spikest aheir Chins at the Bogue, saw our steamers all yesterday forenoon firing on their Fors in the river, and aptos pasto clock ye
were
you that the commuony are act with gzanima ly. The very best and our neighbows TVRO
They could ayo phizged our Hi ~
persova, and we were riot in a
·
•
Bolwer describes an an accomplished highway. man as dismounting and opening the widow of a carriage, while his comrades cocked their pistols at the heaps of the ouriders,Be not alormed, my lord says the smiling villain to the occupant of the carriage, you are perfectly safe, we only want your purse anp your watch.!
Buin spite of all external courtesy, whether wars be public or private, the surrender of the watch and the purse," or of the home of contention, be it what it may, must be insisted on until its acquisition is despaired of.
are unlawl, and that by the mare fact and fore of the declaration of war, all the subjects of one state are placed in direct hostility to all the subjects of the other. If any private negotiations or contracts whatever be admissible, we have seen it can only be in cases of necessity bills, which are, indeed, acts of intercourse, but such as are engendered by the laws and violence of war."
the case of ransom
The Chancellor then forcibly and lucidly exhibits ed en array of English authorities, and then marsh elled a host of resolutions of the American Congress,
of a revolutionary date, of decisions of our courts, and of our state legislatures, commencing with these adn of general reasonings, which resulted in a trium phant demonstration of the doctrine he had assorted.
The Chancellor then insisted that to make remittan ces merely by way of deposit, in an eneiny's caun. try, until the person remitting has an opportunity to draw for the funds, as the plaintiffs rlained to have done, was not an authorized act.
It having been uged by the plaintiffs' counsel, that the defendant, Joshua Waddington, as a partnet the illegality of the intercourse which had when pla of Henry Waddington, could not set up in defence
inasmuch as a man cannot take advantage of his ce between the plaintiffs and Henry Waddington,
the proposition. own or his partner's wrong, the Cliancellor denie
1st. Because the defendant was.
was not concerned in the illegal intercoures.
2d. Because the trading in question was in viola. tion of the laws of the country, and if the party does not set up the objection, the court will do so; at no court will lend its tid to a man who found his claim on an illegal act, or one which contravenes general principles of public policy,
The Chancellor proceeded to show that the de claration of war did, of inell, work a lesolution of all commercial partnerships existing at the time, between British subjects and American citizens, in as much as the doctrine that war does not interfere with private contracts, not to be carried to an extent inconsiste with the rights of wath Flint it is of that each
an mu
The most instructire case relating to intercourse, the essent with a line enemies, which has eve
fried in party the court
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