The-Hong-Kong-Weekly-Press-1895-07-04 — Page 7

Hongkong Weekly Press AND China Overland Trade Report All

FRANCE AND THE SZECHUEN OUTRAGES.

PROPŬSED NAVAL LEMONSTRATION.

THE HONGKONG WEEKLY PRESS AND

|

IMPORTANT IMPERIAL DECREE.

| July 4, 1895.

as nine-tenths of the present trouble are legacies | submit that your Worship bas jurisdiction under of Chang Chih-tung's regime as Viceroy of the the Magistrates Ordinance 10 of 1890, motion 7 Hu provinces. The Isly has arrived, and every of which enacts that "whenover by any statute thing is in readiness. Telegraphic communics in force in this colony any proceeding, set, or tion between the French Minister in Peking and thing is authorised to be taken or done by missionaries in Chenglu is now unrestricted. Justice or Justices of the Peace the same may be taken or done by ons Magistrate.” That, I take it, is the description of your Worship. This is the power given by a home stafute at present in force, and under that Ordinance the power can be exercised by your Worship as a Magis- trate. Under the Ordinance 1 submit your Worship represents two justices who have to sit in England, and therefore, that Ordinages being in force here, you, having power under it, are bound to exercise that power on the request of any person who makes a complaint before you. I submit that if you have the power it should be exercised on the complaint being made; it is not for the Magistrate to say whether the power will be exercised or not, but if he is satisfied be has it, then the person aggrieved is entitled to ask for the power to be exercised and he should not be thrown back upon the more expensive proceedings in the Supreme Court. If your Worship.does not exercise this power it will be necessary to bring over fifty actions in the Supreme Court, and that is one of the reasons I ask you for the powers to be exercised. If your Worship is still against me I would mak you to adjourn the case, as it seems that. prima facie, you have the power, and I shall then be able to produce authorities on the sub-

would hear

We take the following from the China Gazette of the 19th fnst. :~The French Government is not going to stand any more nonsense from the The vigorous measures adopted by M. Gerard, Chinese officials. We have already mentioned French Minister to the Court of Peking, with that, terrified by the storm raised about their reference to the Szechuen outrages appear cara by the energetic French Minister. the already to be bearing fruit. The French Con- Teungli Yamen offered in the most abject sul-General has received a telegram from Peking manner to make whatever reparation was de- stating that an Imperial Decree was issued on the manded in “money, but the French Min- 25th June, in which the Emperor orders the ister indignantly refused to listen to any such Tsung-li Yamen to procure an immediate settle humiliating settlements as the British and ment of the Szechuen difficulty on the lines American Governments have for years been in laid down by M. Gerard. These, it will be re- the habit of accepting in similar cases. Wemembered, include the trial of the Viceroy Liu now learn that the French Government not and other officials implicated in the infernal dis- only claims for the destruction of many millions orders which recently reigned in Chengta before worth of property in Suechnen, and for the a court at which a French Commissioner will fullest reparation for the glaring outrages upon occupy a seat. The pacific demonstration" by French missionaries, but has taken the op: the French Squadron has been effective ere it portunity of demanding satisfaction for a list of has been even made, and if there should be any other outrages extending back many years, shilly-shallying on the part of the Tsang-li which the Chinese probably thought had Yamen about obeying the Decree, we may be long been forgotten. We understand that full sure the French will press the advantage they plenary powers have been placed in the hands of have obtained in the most determined manner. the French diplomatic authorities in China to The Isly, Alger and Beautemps Beaupré left enforce their demands, and with this object in Woosung at 7 o'clock on the morning of the 26th view a formidable squadron, consisting of the Jane for Nanking. China Gazette. cruisers Isly, Algers, Forfait, Beautemps Beaupré, and the gunboat Comète are being assembled at

Wassung. Preparations are being made to THE POWERS OF THE MAGISTRATE.

AN IMPORTANT POINT.

́tesch the Chinese officials along the Yangtese a lesson they will not soon forget, unless the guilty parties in the Chengtu outrages are pro-

At the Police Court on Monday Mr. Hastings duced and properly punished forthwith. We (from Mr. Deacon's office) made an application understand that after this has been done the to the Hon. H. E. Wodehonse on behalf of French Minister, along with the Tsung-li Yamen Messrs. Jardine, Matheson and Co., for warrants and the representatives of the destroyed missions under åct and 2 Victoria, chapter 74. for in Szechnen, will discuss the monetary claims, the ejectment of about fifty squatters from land which amount to some millions. Altogether a at East Point belonging to Messrs. Jardine, very bad quarter of an hour is in store for the Matheson and (b. Chinese Government. Meanwhile what are Sir

jet; or if your Worship, Chen my clients ceil

appeal to the Supreme Court if you should be against them.

J

issue a warrant,

The Magistrate-I must decline to do what you wish me to do. It appears that you have given notice to certain tenants to appear before me to-day under the Act 1 and 2 Victoris, chapter 74, and for all I know they may be here; but in giving them notice to be present you have acted on your own Mr. Hastings stated that notices to quit bad responsibility, and it is not a matter which Roderick O'Conor and Col. Denby doing? been served on the squatters, but possession of I can recognise. I have looked at the Dreaming and sipping weak tea, as usual, “hold-the tenements had not been delivered up. There Act 1 and 2 Victoria, chapter 74, and ing the officials responsible" and "insisting upon was no Ordinance in this colony enabling on reading it it appears to me that this is the utmost energy" in worthless despatches. the Magistrate to order possession to be matter over which I have no jurisdiction what- The same paper in its issue of the following given up under these circumstances, but ever, and I cannot even assume jurisdiction to the day says:- -We learn upon excellent authority by an Imperial Act, No. 1 and 2 Victoria, extent of adjourning the case. I decline to re- that the Tsung-li Yamen has given the French chapter 71, the Magistrate had the powers recognise the notice you have given to the tenants. Minister assurances that everything he demands quired. That Act applied to the recovery of and if they appear here to-day they appear at in satisfaction for the outrages in Szechuen will possession of small tenements at a rent of under their own will, and I shall take no notice of their be immediately granted. M. Gerard deserves £20 a year, and was passed for the purpose of presence. If, after hearing my decision on this the thanks of the entire civilized world for avoiding the expense of taking ejectment proceed. point, you again desire to make an application to the energetic and effective manner in which he ings in such cases in the Supreme Court. Theme, you can do so, but before I take any pro- has brought the treacherous Peking Go-Act was passed in the year 1838, and therefore ceedings under the Act I must first be satisfied vernment to task in this matter. Had was in force in this colony by virtue of Ordin- that I have jurisdiction. Under the section "it the Szechuen officials only murdered a ance 12 of 1873, which enacted that such of the shall be lawful for the Justices acting for the few forlorn British or American missionaries all laws in England as existed when the colony district, division, or place in which the would have been well; a few thousand taels obtained a local legislature, that was to say, on land, premises, or any part thereof shall assembled, would have satisfied the debt against the civiliza- 5th April, 1848, shall be in force within the be situated, in petty sessions tion and the breach of our most saored rights. colony, except so far as the said laws shall be or any two of them, to Bat in organising the recent extensive crusade inapplicable to the local circumstances of the co- &e." I consider I in no way come under that against the French Mission and imprisoning lony and of its inhabitants.

description, and that the local circumstances of the Bishops as common malefactors, the Chinese The Magistrate-That is so.

the case do not require that I should some under officials have exceeded the limits of French

Mr. Hastings I submit that this is a law that description. I am not "a Justice acting patience, and have found a Tartar in the which is applicable to the circumstances of the for the district, division, or place," and French Minister at Peking. His action was colony and of its inhabitants. There are plenty simply Police Magistrate acting for the colony. "assembled in petty sessions.” . I am exactly what the British Minister's ought of small tenements in the colony, and the Act was To that extent, it seems to me that the Act is not to have been. M. Gerard got his govern- passed for the purpose of obtaining possession ment to place five or six ships at bis disposal of these small tenements, when the tenancy had applicable so far as I am personally concerned, and then presented a statement of his nationals expired, without resorting to proceedings in the and I must decline to assume jurisdiction. complaints, going back to some twenty years, Supreme Court. The object of the Act was to with a list of the officials responsible and very make the proceedings easier, cheaper, and more | ACCIDENT TO THE “TAISANG? IN plainly worded demands of what he wanted simple. done. A certain time was given to the Chi- nese Government to reply, and M. Gerard Mr. Hastings-Granting that there are a made it clear that failure to comply with his demands would be followed by unples. sant activity on the part of his formidable squadron up the Yangtaze. Amongst the points insisted upon are the trial of Liu, the Viceroy Mr. Hastings Then I submit that that Aot of Ssschueu, and of all the officials implicated in is applicable to the local circumstances of this the recent outrages, before a tribunal at which a colony and of the inhabitants; therefore under French Commissioner will sit ; the reinstatement the Ordinance of 1873 the Act can be enforced of all French missions in the places from which here. they have been driven out in recent years, The Magistrate Under that Aot I consider I and the rebuilding of their premises by the am not the party to be appealed to. I am not Chinese Government. The missions on the Thibetan frontier are included in the claim. The Trúng-li Tamen has promised to comply with all theme demands, and meanwhile the French flest is kopt waiting at Woosung, ready to proceed op the river at short notice. If the Chiness Mr. Hastings-You have not heard my argu-dook for repairs. It is a curious coincidence that Government fails to keep its promises ment yet. Under that Act the application must ten years ago next month the Taisang, during a believe that Napking will be the first be made to the Justices of the Peace for the typhoon, ran into the Pottinger Street Wharf, plade at which the squadron will “ demonstrate,” district in which the tenement is situated. I and considerable damage was then done.

The Magistrate Undoubtedly.

number of small tenements in this colony, the provisions of the Act are of as much use here as in England.

The Magistrate Certainly.

sitting in petty sessions; I am Magistrate for the colony; therefore it is not for you to make the application to me.

Mr. Hastings I think so.

The Magistrate-That is my decision.

am not

THE HARBOUR.

About 11.30 on Thursday morning the steamer Taisang, which is owned by the Indo-Chins Steam Navigation Company, was making for the West Point wharf, when she ran into the sea wall. In turning the steamer round - it is probable that something went wrong with the steering gear. A very heavy tide was running to westward, and as the boat had a slight way on, she touched the wall about 150 feet to the west of the wharf. She seemed to strike almost bow on. The forefoot of the boat seemed to be broken, and her bow was twisted ronnd. In addition fifty fest of the solid ma- sonry of great strength was lifted out of its bed, and damage was also done to the flight of steps opposite Nullah Street. The Taisang wan towed off some time afterwards, and went into

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