here, however, the Jury met with what they little expected , in
the attorney firmly giving a refutation to His Lordship's impu-
tations , with a confutation of His Lordship's law.'
Mr. Camp- Mr. Campbell had now begun to exhaust the patience of those
bell exhausts
the patienc whose business brought them in contact with him. Notwith-
e
of suitors
and others. standing the arrival of Mr. Sterling last March, Mr. Campbell had,
He continues as before stated , continued to sit on the Bench as acting Chief
to act as
Chief Justice Justice, and was to keep his seat until the return of Chief Justice
until return Hulme, --the news of whose reinstatement had now reached the
of Chief Colony to the great satisfaction of one and all, -unless the
Justice
Hulme, Governor, Mr. Bonham, took the responsibility of removing him
whose
reinstate- notwithstanding Sir John Davis' wishes in the matter, but as
ment is Mr. Hulme was expected in June and the Court did not open
rumoured .
He would till July, if Mr. Campbell had not the grace to resign in favour of
not resign his senior , Mr. Sterling, it might not be worth while to displace
Mr.favour
in of
Sterling, him ; should , however, circumstances prevent Mr. Hulme's re-
the Attorney
General. turn so soon as was expected , it was hoped that the Governor
Governor would not hesitate to place a " qualified " person on the Bench.
asked to
Mr. Campbell had never held other than acting appoint-
place a
'qualified ' ments, and when the state of the Attorney- General's health
person on
the Bench. necessitated a visit to Europe, Mr. Campbell was nominated
Comments to perform the duties for half the salary. So far this had
upon Mr.
appeared unavoidable, but when Mr. Sterling returned to the
Campbell.
Colony, a man with eighteen years' experience at the bar, it
was presumed that the junior of four years' experience
would have had the good sense to abdicate in his favour,
Considered resuming his former acting appointment of Attorney- General.
unfortunate But this, with the support of Sir John Davis, Mr. Campbell
that Gov-
ernor had refused to do, and it was unfortunate, it was said, that
Bonham had the present Governor had not removed him at once. This
him.removed
not led to the imputation that Sir John Davis, being interested in
Sir John certain cases then pending before the Court, was anxious that
Davis
Mr. Cam p- they should be disposed of before his nominee had retired from
wished
bell to the Bench, one of these cases being that of the Portuguese before
* Antè p. 185.
MR. CAMPBELL AS ACTING CHIEF JUSTICE . 195
mentioned against Mr. Hillier which had come before the Court Chap. IX.
on the 26th of this month. Under such circumstances it is 1848.
not astonishing that such imputation should have been made , dispose
certain of
cases.
imputations which spoke very little in favour of the acting The case of
Judge. the Portu-
guese against
Mr. Hillier.
The proceedings at the Criminal Sessions held on the 15th Criminal
April
April had also enabled litigants to judge whether, as now sessions.
constituted , the Supreme Court was creditable to the Colony, WSupreme
and it was now reported that the attorneys had discontinued Court as
entering cases for trial, pending the return of Mr. Hulme. As now
constituted
an instance of the arbitrary conduct of Mr. Campbell , who ap- creditable
parently was then under thirty, the case of a Mr. Buchanan was to the
Colony.
quoted . This person , for failing to appear as a Juror at the discontinue
Attorneys
Vice-Admiralty Court last December Sessions, was fined $ 20 for entering
disc
for
contempt of Court, though he had filed an affidavit stating why cases
hearing
he had been unable to attend. He was, moreover, under age at before Mr.
the time and consequently ought never to have been returned on Campbell.
Arbitrary
the Sheriff's panel . But no notice was taken of this, and on one &
the 13th March a writ was issued to enforce payment, and Mr. bell.
Mr. Camp-
Buchanan imprisoned in the Debtor's Gaol on that day. In a Mr.
vain did he petition for his release, the acting Chief Justice fined
Buchanan
for is
6:
endorsing on his petition that Mr. Buchanan must abide the com
course of the law, " without moreover, which greatly aggravated of
HisCont
affidavit.
the matter, any period of imprisonment being stated in default Heis
of the payment of the fine ! Mr. Buchanan being unable to imprisoned.
He must
pay the fine remained imprisoned for upwards of two months course abide the
of the
when at last, upon the case being brought to his notice through
the press , the Governor, on the 19th May, took the initiative of He remained
in gaol
releasing him. until released
by the
Governor.
On the 28th April tenders were called for for a passage to Convicts
Penang for twenty- three convicts. On the 29th Governor and sent to
Penang.
Mrs. Bonham, accompanied by General Staveley and others, Governor
proceeded in H.M.S. Medra to the Bogue and afterwards visited Bonham's
tour.
Canton, returning to Hongkong on Tuesday evening, the 2nd
May.
196
CHAPTER X.
1848 .
Reinstatement of Chief Justice Hulme.--Earl Grey's act of justice.-- Repudiation of
Mr. Hulme's persecution never doubted.- Mr. Hulme's case excited sympathy in the
Colonies. View of case at the present time.- Charges malignant falsehoods.--Disgrace
now fell on the accuser.--The conduct of the Governor of any colony.- Governor
Davis' secret accusations not confined to Chief Justice Hulme.-Agitation sets in against
Mr. Campbell's retention on the Bench. - Mr. Campbell's inexperience. - Motives of deli-
cacy on the part of the new Governor. - No attorney entered the Court. -Comments upon
Mr. Campbell.- Ship Mor leaves for Penang with convicts. -Those convicted on the
evidence of Too Apo. - Commodore• Plumridge. -Arrival of Chief Justice Hulme after
reinstatement. - Sir John Davis an arch-hypocrite.'-Quick return of the Chief Justice.-
Deep feeling of respect.--Government Notification restoring Chief Justice to office. Vale-
dictory.-Retributive justice.- Chief Justice Hulme. Comparison with Sir John Davis.-
Governor Bonham leaves for northern consulates.- Major-General Staveley acts. - Sitting
of the Admiralty Court. -The Commissioners do not attend.--Chief Justice discharges the
Jury.-Comments.--The Jurors.--The case of Mr. Buchanan compared.- The sitting of
the Admiralty Court after the adjournment.--Mr. Campbell after the return of Chief
Justice Hulme.- He is cast into oblivion.--The description of him - His conceit.-Un-
fitted for his position.-- Sir John Davis interested in Mr. Campbell.--The case against Mr.
Hillier. The case against Mr. Tarrant.--Major Caine's reputation at stake.-General
comments upon Mr. Campbell and his official career in Hongkong.-Mr. Campbell's order
for cutting off ' tails ' and shaving off crowns of Chinese heads.- Governor Bonham
ordered practice to be discontinued.—Mr. Campbell's erroneous decisions —Re Nuncheong.
-Nuncheong v. Consul McGregor.- Sir John Davis' model lawyer.- Melancholy condi-
tion of Supreme Court as presided over by Mr. Campbell. — Mr. Campbell as Attorney-
General. His nocturnal visits to the Police Offices. -His departure from Hongkong.
' The undisguised contempt of the community .'-Return of Governor Bonham.- Land.—
Reply of Earl Grey to memorial of residents. Ground rents. -Governor Bonham's despatch.
Extension of term of leases. -Earl Grey's reply.-- Return of Mr. Inglis, the Registrar-
General, from leave.-Victims of Too Apo pardoned. -Governor Bonham eulogized.—
Another victim of Too Apo pardoned. - Piracy Case against Captain Cole and crew of the
schooner Spec.- No true bill. - Re-appointment of Mr. Mercer as a member of the Legisla-
tive Council.- The attorneys and solicitors petition the Chief Justice on the subject of
the Court fees.-Fees prescribed by Regula Generalis.— Inspector Smithers and other
Police drowned.- Further charges against Mr. Holdforth, the Sheriff.-Chief Justice
Hulme's fall from horseback. His popularity.- Session of the Vice-Admiralty Court.-
Case against Captain Cole thrown out. -Police scrimmage with Chinese in the harbour.-
Police seek naval assistance.- Chinese killed. Tails' cut off.- Verdict at inquest. - Home
and Indian view of the case.--October Criminal Sessions. -Convict soldiers transported
to Cape of Good Hope. - Case of the Portuguese against Mr. Hillier. New trial
granted by Chief Justice.- Chief Justice Hulme disposed to grant plaintiffs every
facility. Summary of the case. - Chief Justice's decision. -Verdict for the defendant.-
No imputation on the characters of the plaintiffs. — Mr. McSwyney and his Chinese wife
Aho.-How he was duped into marrying her. -He ill-treats his wife and turns her out of
doors. He charges her with larceny.- Mr. Hillier, doubtful of his law, leaves matter to
the Attorney-General. - Mr. Sterling's views. Mrs. McSwyney is discharged by proclama-
tion.- Resignation of Mr. N. D'E. Parker as Coroner. - Messrs. Hillier and Holdforth
'Joint- Coroners .'-Execution of Mo Yeen for murder committed in November, 1845.-How
Chap. X. his capture was effected.- His indifference on the scaffold. -Judicial features of 1848.
-
Reinstate- THE reinstatement of Chief Justice Hulme by the Secretary of
ment of
Chief Justice State, rumours in regard to which had been current in the
Hulme.
Colony from the time of the arrival of Governor Bonham, was now
Earl Grey's confirmed , and his return was expected in June. Earl Grey in
act of justice. reinstating Mr. Hulme did an act of justice for which His Lord-
ship's countrymen in this part of the world could not but feel
grateful.
REINSTATEMENT OF CHIEF JUSTICE HULME. 197
That the iniquitous persecution by Sir John Davis and his chap . X.
clique would be repudiated by Her Majesty's Government was 1848.
never for a moment doubted, but the people here were under Repudiation
of Mr.
the impression that the victim of petty tyranny would probably Hulme's
persecution
receive another appointment in another colony and would not never
return to Hongkong again. Mr. Hulme's case seemed to have doubted .
excited sympathy in the British Colonies and in India . Cer- Mr. Hulme's
case excited
tainly, whatever might have been the nature or extent of his sympathy in
the Colonies.
errors , the manner in which the case was investigated was as
unbecoming as could well be imagined . At this distance of time, View of case
however, to be charitable, one feels disposed to look upon Sir at the present
time.
John Davis' behaviour as a case of false pride, which in any event
goes towards aggravating the offence a hundred fold in its result.
He had secretly and falsely charged the Judge and was told to
prove his charges, but this was a contingency for which the
pawkey ' Baronet was not prepared, and, to get out of the
difficulty, he fell back upon the suggestion that since the return
of the Judge's wife, Mr. Hulme had improved and therefore
he did not think an investigation necessary . * In this way he
showed how weak he himself considered his case to be and there-
fore how wrong he had been , but, being evidently a person
of no moral courage, he would not apologize and allowed
his false pride to carry him to a pitch of unsurpassed vindic-
tiveness, truth, honour, humanity, and every other virtue
giving way before his malignant desire to ruin the man
who had refused to sacrifice the integrity of the Bench. In
reinstating Chief Justice Hulme, Lord Grey had now virtually Charges
declared that the charges were malignant falsehoods. It was malignant
falschoods .
therefore with great satisfaction that it was learnt that Sir John
Davis had signally failed to effect his malicious purpose . His
intended victim had been most triumphantly acquitted of the
gross offences laid to his charge, and the disgrace which would Disgrace now
have followed conviction now descended on the head of the accuser, fell on the
accuser.
and was perhaps one of the most humiliating that could occur.
The conduct of the Governor of any one Colony and the The conduct
of the
consequences attendant upon such conduct were of necessity Governor of
interesting to all colonies, and these now joined in the cry of any colony.
" Shame ! Shame ! " which, it was said, would now greet Sir
John Davis wherever he went, for conduct in so many instances Governor
Davis' secret
unbecoming the character of a gentleman and a man of honour. accusations
His secret accusations had not been confined to the Chief Justice , notChief
confined
to
and it was to be regretted that others whom he had also accused Justice
had not had the same opportunity given them of refuting the Hulme.
charges .
Antè Chap. VIII § 1., p . 137.
198 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Chap. X. Strong comments now again appeared anent the continued
--
1848. retention of Mr. Campbell, who had taken such an active part
Agitation in procuring Mr. Hulme's suspension, upon the Bench. Cer-
sets in
against Mr. tainly, it was an act of injustice to Mr. Sterling, and equally
redress before
Campbell's
retention on unjust towards those who were compelled to seek
the Bench. the Court of Civil Law. There were yet doubts as to whether
Mr. Hulme would return in June, and, should he not come back,
it was fervently hoped that the Governor would take the appoint-
ment of another acting Chief Justice into his serious considera-
tion. At that moment, it was alleged , the Colony was virtually
deprived of a Court ofJustice, and without seeking for other causes,
Mr. Mr. Campbell's inexperience was an ample apology for his removal ,
immediately upon Mr.
inexperience. and it was a pity that this was not done
Campbell's
Sterling's arrival , as the indecorous relative positions occupied
by Mr. Campbell and himself struck every one who had entered
Motives of the Court during the last Sessions . Perhaps motives of delicacy
delicacy on
the part of had hitherto prevented the Governor from interfering with the
the new nt of a nominee of his predecessor, but Mr.
Governor. interim appointme
Bonham could not but have been fully aware of the incapacity
of Mr. Campbell as a Judge, and that his opinions as a lawyer
were such as might have emanated from Mr. Briefless , of
No attorney Punch. Recently not one attorney had entered the Court,
entered the
Court. which fact the Governor must have known also, apart from the
Comments reduction in the Court fees . Under the circumstances it was
upon Mr.
Campbell. a matter for regret that Mr. Campbell's friends had not prevailed
upon him to resign in favour of Mr. Sterling immediately on
the latter's return. As acting Attorney- General he would have
occupied a respectable position and escaped not only the legitimate
censure of the press but also observations calculated " to bring
the Bench into contempt as bearing 99upon the mental capacity
and personal dignity of the occupant."
Ship Mor
leaves for On the 28th May, the ship Mor left Hongkong for Penang
Penang with and India with twenty convicts on board . One of these men, who
convicts.
had evidently effected his escape, being afterwards found at
large in the Colony, was apprehended and sentenced at the
June extra Criminal Sessions of 1854.* Three other convicts,
who were also to have left by the Mor, and who had been
Those convicted upon the evidence of Too Apo, the informer,
convicted on
the evidence were kept back in order that the Governor might have an
of Too Apo. Opportunity of seeing the depositions and inquiring into their
cases. Two of these prisoners had been convicted on the 24th
January, and one on the 25th of the same month.
Commodore H.M.S. Cambrian, carrying the pennant of Commodore Plum-
Plumridge.
ridge, anchored in the harbour of Hongkong on Tuesday, the
13th June. Since the demise of Admiral Inglefield early in the
See Chap. XV., infrà.
RETURN OF CHIEF JUSTICE HULME. 199
year, Commodore Plumridge had been in command of the fleet . Chap.
--- X.
At length Chief Justice Hulme, whose reinstatement by the 1848.
Secretary of State had been announced weeks before and Arrival of
Chief Justice
on hearing which before his departure from the Colony, it is Hulme after
said Sir John Davis rubbed his hands exclaiming-" Glorious menstate
news ; I'm delighted to hear it," which gained him the Sir John
Davis an
(.
further appellation of arch-hypocrite, "-arrived in the Co- arch-
lony by the P. & O. Co.'s Steamer Braganza on the 16th hypocrite.'
June. He returned to Hongkong after an absence of less than
six months, having left the Colony, it will be remembered , on
the 30th December last . * A very quick return, it will be Quick return
admitted, considering the lengths and discomforts of passages " of
Justhe
ticeChief
.
to Europe in those days and which but few " habitual drunkards
could certainly have withstood . During Mr. Hulme's short
absence many changes had taken place, many false reports had been
put in circulation ; but the deep feeling of respect which the com- Deep feeling
munity entertained for him had never been shaken , and those who of respect.
grieved in his adversity now rejoiced in his prosperity and
welcomed him back with the most cordial regard. On the day of Government
Notification
his arrival appeared the following Government Notification :-- restoring
Chief
"The Honourable Chief Justice Hulme, having returned to Hongkong, is, Justice to
by the direction of the Right Honourable Her Majesty's Principal Secretary office.
of State for the Colonies , restored to his Office from this date inclusive.
By Order,
W. CAINE,
Colonial Secretary.
Colonial Office,
Victoria, Hongkong, 16th June, 1848."
Mr. Hulme was thus reinstated with full powers , receiving, Valedictory.
moreover, his full arrears of salary from the date of his suspension
on the 30th November, 1847. The Secretary of State in rein-
stating Mr. Hulme . without even waiting to hear his personal
vindication , acted in accordance with the character he had
sustained as a statesman and as a member of social life . Lord
Grey, of all Her Majesty's ministers, was probably the one who
would have been the least inclined to overlook any gross
impropriety in a Judge, and he evidently was satisfied that the
Chief Justice had been the victim of a persecution which would
entail disgrace upon those who had raised it. To colonists
generally the result was gratifying ; it was a proof that the
petty tyranny of governors will not always be allowed to pass ;
it was a proof that the Secretary for the Colonies would redress.
wrongs ; and, above all, it was a proof that the majesty of the
law would not be degraded before the despotic will of a petty
colonial satrap . Chief Justice Hulme had passed through a severe
ordeal in a manner gratifying to himself, his family, and his
* Ante Chap. VIII § 1, p. 166.
200 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. X. friends. There was a retributive justice in this case which
1848. should not be overlooked . Chief Justice Hulme had returned
Retributive to the Colony vindicated from the aspersions that had been
justice.
Chief cast upon him , and Sir John Davis had gone Home branded
Justice
Hulme. as a libeller two years before the usual term of office, having
Comparison been permitted to resign. An unexampled career of oppression
with Sir
John Davis. had rendered miserable the existence of his subordinates ; he had
slandered his countrymen to Her Majesty's Government, and he
had left these parts without having a single friend . ChiefJustice
Hulme had never courted popularity ; on the contrary, until he
had become the victim of persecution by Sir John Davis , he was
apparently little known outside the circle in which he moved .
He was known as a Judge who had given general satisfaction ,
but had never been recognized as an advocate of the people in the
legislature. He now received a kind welcome and , as a man of
experience, firmness, and integrity, he was entitled to it.
Governor
Bonham On the 24th June, the Governor, accompanied by Mr. Thomas
leaves for Wade, left by H.M.S. Medea for the northern consulates, the Gov-
northern
consulates. ernment during his absence being administered by Major - General
Major- Staveley, C.B. , the Lieutenant-Governor.
General
Staveley A notice signed by Mr. Cay, the Registrar, ' by order of the
acts.
Commissioners ,' bearing date the 3rd June, and published on
Sitting of the the 8th, intimated that a Court of Admiralty would be held
Admiralty
Court. on the 26th June, at 10 o'clock. At the hour appointed ,
Chief Justice Hulme arrived and retired to his robing room
The Com- where he ought to have been joined by the other Commis-
missioners
do not sioners, but after waiting for an hour and a half, during which
attend. time the officers of the Court, the Attorney- General , and counsel
for the prisoners duly convened " at or before 10 a.m. ," had
been dancing attendance, and the twenty-four Grand Jurors
and forty-eight Petty Jurors kept pacing the outer room with
Chief
Justice impatient steps , the Chief Justice entered the Court and explained
discharges that, by the constitution of the Admiralty Court, it was necessary
the Jury. that two Commissioners besides the Governor or himself should
be present, and as none of them had appeared up to that hour,
he could not think of detaining the gentlemen of the Jury any
longer and therefore released them, adjourning the Court to the
Comments. 5th July. His Excellency the Governor, it was known, had
sailed on Saturday, the 24th, in the Medea upon a tour to the
northern ports, but as to the other Commissioners the cause of
their absence rightly formed the subject of comment . None
of the others , it would appear, so much as sent an excuse,
except the Colonial Secretary, who was confined to his house by
sickness . The Chief Justice being the one to preside, it was not
expected that the Lieutenant- Governor would have attended , and
the Chief Magistrate's absence might perhaps have been excused
MR. CAMPBELL OUT OF GOVERNMENT EMPLOY. 201
by his having to preside in his own Court ; but as to the naval Chap. X.
members ofthe Court, there could have been no excuse for their 1848.
non-attendance. The inconvenience caused by the non -attend-
ance of the Commissioners at this Sessions was severely com-
mented upon. There were eight cases set down for trial , in one of
them not less than fifteen witnesses from Canton being in at-
tendance . The Jurors were naturally not a little annoyed at The Jurors .
having been taken away from business to dance attendance at the
Court to no purpose, with the prospect of having to attend again.
But besides the inconvenience they were thus put to, justice
was delayed and the Crown had incurred a serious expense, and ,
as was pointed out, all because those to whom the Crown had
entrusted an important duty had not shown that regard for
the public service which they were ever so ready to inculcate
upon others. As regards the Jurors it was only at the last
Sessions of the Vice - Admiralty Court ( December, 1847 ) that a
young man, a Mr. Buchanan , who, though really not liable to The case
serve as a Juror, * had neglected to attend , though afterwards of Mr.
Buchanan
making the excuse that he had been sick, had been peremp- compared .
torily fined twenty dollars, and having no money was committed
to Gaol by Mr. Campbell and there kept for nearly two
months "to abide the course of the law." That Mr. Bonham
would allow the whole community to be thus made game
of could not be imagined, and the Jurors, it was considered ,
would be wanting in their duty if they did not formally com-
plain to the Governor on his return , and make a request that
steps be taken to prevent the repetition of an occurrence which
was both injurious and insulting to the public. On the 5th The sitting
July, the date to which the Sessions had been adjourned , the of the
Admiralty
Court opened The Commissioners present on that occasion Court after
were the Chief Justice, Captain Morris of H.M.S. Cambrian , and the adjourn-
ment.
Mr. Hillier, the Chief Magistrate . The strictures passed at the
last sitting had therefore had some effect. Major-General
Staveley, the Lieutenant-Governor, had also appeared at the
opening of the Court, but finding there was a quorum and that
he was not wanted , he afterwards retired, and the cases then
proceeded.
Chief Justice Hulme having returned to the Colony and . Mr. Mr. Campbell
Sterling having resumed his duties, Mr. Campbell was now out of after
returntheof
Government employment, and , to be charitable, it could not be Chief
Justice
said that it was due to this that the hostile criticisms passed on Hulme.
him during his short career in Hongkong were now reiterated
on his departure. On the contrary, on Mr. Hulme's return he He is cast
seems to have been cast into oblivion immediately, for even his into oblivion.
departure is nowhere noticed, and great, indeed , seems to have
* Antè p. 195,
202 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. X. been the patience exercised in regard to him, notwithstanding
1848. the part he took in advising the Government adversely in
The descrip- connexion with the Chief Justice's suspension . He was de-
tion of him. scribed as an Anglo- Indian overbearing in manner and of no
His conceit. talent, * but, meeting with support from the authorities , his con-
ceit reached such a pitch that it is reported he emptied the Court
of suitors, the attorneys ceasing to enter cases for trial so long
as he occupied the Bench. When Chief Justice Hulme was
suspended, it was said to be a public calamity, and no doubt in
many ways this proved to have been so . Many are the cases,
Unfitted civil and criminal , in which it is shown that Mr. Campbell was
for his
position. quite unfitted for the high position which had been thrust upon
him. Without going minutely into the reasons of what was
called " the iniquitous decision of an iniquitous tribunal, " it
will suffice to mention two cases which have before been dwelt
Sir John upon in this work and which, it was said, Sir John Davis was
Davis
interested personally interested in seeing his own nominee, dispose of.
in Mr. The first related to the suit against Mr. Hillier who, when acting
Campbell.
The case Chief Magistrate, surrendered two Portuguese to the Macao
against Mr. Government without trial, in opposition to the English laws
Hillier.
upon the subject, on receiving a written order from Sir John
Davis, and though the consequences might not legally have
affected the ex- Governor, still in honour he was bound to
relieve the submissive Magistrate who had sacrificed the inde-
The case pendence of the Bench at his command . The second case
against Mr.
Tarrant, was that of the Queen against Tarrant, upon which was
Major staked the reputation of Major Caine, the Colonial Secre-
Caine's
reputation tary, one of the three who voted for the suspension of Mr.
at stake. Hulme and also one of the three who had given evidence against
him. This case had been first postponed owing to the excuse
that a material witness was absent, the acting Attorney- General
promising to bring it on to trial at the December sittings of the
Court. But it was then abandoned § " as Mr. Campbell had been
prosecutor and therefore could not be Judge," though it was
well known that he had sat as Judge in several cases where he
had been employed as Counsel. In the case of the Portuguese ,
as their attorney, did not deem it advisable to bring on the action
General
comments until another Judge had been appointed, Mr. Campbell was
upon Mr. said to have " burked " it. || When acting as Attorney- General,
Campbell Mr. Campbell's sentiments were well known to the Executive
and his
official as to these cases , and he received the appointment of Chief Jus-
career in
Hongkong . tice upon Mr. Hulme's suspension , and although Mr. Sterling,
* "A Pariah practitioner." -The Friend of China, 1855, p. 62 ; " A half-caste bar-
rister."-The Friend of China, 1858, p. 166 ; 1861 , p. 720.
† See Chap. III § III., antè p. 105,
See Chap. VIII § I., p. 159.
Chap. vIII § I., antè P. 170.
Chap. IX., antè p. 193.
MR. CAMPBELL'S CAREER IN HONGKONG . 203
the Attorney- General, should have taken the Bench on his return Chap. X.
to the Colony as he was expected shortly after Mr. Hulme's 1848.
suspension, yet after his arrival he, a barrister of eighteen years'
standing, had practically to make room for Mr. Campbell, a
barrister called in 1844 , and therefore hardly qualified for a
seat on the Bench . The civil jurisdiction of the Court thus
became virtually in abeyance, and it was remarked that when
Sir John Davis appointed Mr. Campbell as acting Chief Justice
he might have locked the door of the Court House and taken
the key away with him. In 1847 , the suits raised before the
Court collectively amounted to $ 200,000 ; and in April , 1848 ,
when the public were so earnest in their request that Mr.
Campbell should resign, $ 700 only had been sued for.
Here then was the cause and effect, people lacking con-
fidence in the Judge, there was for the time being no Court
of Civil Law. His unauthorized interference as acting Chief
Justice went to the extent , that, not satisfied with pronouncing
sentence on the unfortunate people brought before his own tri-
bunal, he took upon himself, as indeed he had done as acting
Attorney-General, to issue peremptory mandates within the
precincts of the Gaol. Amongst other things he ordered that
the Chinese should not only have their tails cut off, but that Mr. Camp-
their crown should also be shaved , so as effectually to prevent bell's order
for cutting
their attaching a false queue, and thus made felons and men con- off ་ tails"
fined for slight offences equally outcasts for life -a subject, it will off shaving
andcrown s
be remembered, mooted by the Select Committee of the House of Chinese
of Commons upon the subject of our commercial relations with heads.
China. This being in direct opposition to Her Majesty's Govern- Governor
ment, of course Mr. Bonham, on the facts being brought to his Bonham
ordered
notice, ordered the practice to be discontinued forthwith, ex- practice to
pressing no little astonishment on hearing that it had been done be discon
tinued .
by orders of the acting Chief Justice.
A number of cases are shown in which Mr. Campbell was occa- bell's Mr. Camp-
sionally taken to task for erroneous decisions. There being no local erroneous
higher judicial power to appeal to, nothing was then left but to decisions.
Re Nun-
submit. In one case, re Nuncheong, heard on the 1st March , 1848 , cheong.
in which application was made to quash a summons, upon Nun-
cheong's attorney, Mr. Parker, appearing to oppose the application ,
the acting Chief Justice is reported to have said that it was ofno
use his opposing as he ( Mr. Campbell ) had made up his mind, and
thereupon called out-" the rule is made absolute, Sir." On
Mr. Parker applying for a copy of the Judge's notes containing
the grounds ofhis dismissal of the summons, the application was
refused, but subsequently a message was conveyed through Mr.
* See antè Chap. VI., p. 131 .
204 HISTORY OF THE LAWS , ETC. , OF HÔNGKONG.
Chap. X. Campbell's clerk " that the Judge took no notes of the case.
1848. These circumstances, it would appear, being laid before Chief
Justice Hulme on the 3rd November, a rule was granted to re-
open and re-hear the former rule dismissing the summons .
Nuncheong . Nor was Mr. Campbell's conduct astonishing, taking his con-
Consul
McGregor. duct as acting Attorney- General especially, as a whole . The party
immediately to be benefited by his action was Mr. McGregor,
the Consul at Canton, but the result eventually was an action
brought by Nuncheong against Mr. McGregor for negligence as
Sheriff under a local Ordinance, in his capacity of Consul.
Judgment in 1849 was allowed to go by default ( Mr. McGre-
gor having long before left the Colony) , the Jury returning a
verdict for $ 3,000 as damages against Mr. McGregor , who was
now sympathized with " for hearkening to the wisdom and
Sir John advice of Sir John Davis' model lawyer, Mr. Charles Molloy
Davis'
model Campbell. " The records do not show that the plaintiff ever
lawyer. recovered the fruits of his judgment. Here then was another
Melanel of proof of the melancholy condition of the Supreme Court during
conditionoly
Supreme the few months it was presided over by a young, petulant bar-
Court as
rister, the necessity for appointing whom , in the absence of Mr.
presided
over by Mr. Sterling at all events , was nevertheless evident, though the cause
Campbell,
was to be deplored which had rendered it a necessity.
Mr. Camp- It is reported of Mr. Campbell that, when acting Attor-
bell as
ney- General, he used to amuse the public by affirming that
Attorney-
General. the Grand Jury, of Hongkong was comprised " in his own little
person " ; and from the Chief Magistrate's Bench where he was
wont to perch himself, he would propound strange doctrines
about contempts of court and his right and determination to ex-
clude the public from the Police Court (which, by- the -bye, it was
said, they virtually already were, on account of the mal- construc-
tion of the office, which made it impossible for any one except
the Magistrate to hear what was going on ) . But apparently
the most extraordinary escapades of Mr. Campbell, as acting
His noc- Attorney- General, were during his nocturnal visits to the Police
turnal
to the visits offices , undertaken, it was understood, " with the view of impress-
Police ing upon the Peelers a notice of his own consequence and of
Offices,
his unlimited authority over them, far surpassing, according to
his own account, that of Superintendent, Magistrate, or Gov-
ernor himself. " These scenes , added the report, would have
afforded materials for an amusing farce, with which the Hong-
kong Theatre might very appropriately have opened .
His depar
ture from As already stated, nothing can be found tracing Mr. Campbell's
Hongkong . movements after the Chief Justice's return to the Colony, and
therefore, as a fitting conclusion to a not altogether creditable
LAND. 205
career, nothing better can be done than to quote a not very Chap. X.
complimentary paragraph which appeared in a local newspaper 1848.
expressive of the view taken of Mr. Campbell's refusal to make
way for Mr. Sterling as acting Chief Justice, on the return of
the latter from leave shortly before the re-assumption of duty
by Chief Justice Hulme, and fittingly describing an anticipated
and by no means regretted departure : -
"What claim had Mr. Campbell on the local Government that he was in The
spite of all retained as its Judge ? He came here a briefless barrister from undisguised
Calcutta after leading the life of an adventurer, and justly considered an act- contempt
of the
ing appointment for eighteen months with £750 a year worth more than all his community.'
fabulous practice at Calcutta would ever have realized him. If incapacity
was a necessary qualification for the Bench with a total absence of decorum,
if these were the ingredients of the Judges who were so much and so justly
admired in England, then the present Bench's incumbent might be retained
until the return of Judge Hulme, when the servile protégé of Sir John Davis
would be obliged to slink from the Colony, having, during his sojourn,
earned the undisguised contempt of the community."
On the 14th July, the Governor returned from his northern Return of
Governor
tour, having been nearly three weeks away. Bonham,
Among the official notifications of the 17th July, was an Land .
extract from a despatch of Earl Grey, Secretary of State for
the Colonies, dated 4th May, 1848 , in reply to the memorial
before alluded to from the residents of the Colony dated the 19th Reply of
Earl Grey
February last,* on the subject of ground rents. Lord Grey to memorial
stated that he could not admit that the memorialists had of residents.
Ground
established any good ground for the reduction they sought . rents.
Mr. Bonham in a despatch to the Secretary of State upon Governor
Bonham's
the subject, dated the 26th August, 1848 , suggested that he
despatch.
Extension
might be authorized to extend the term of tenure from 75 years
of term of
to any other that Her Majesty's Government might approve of.
leases.
He mentioned that at Singapore the term was 999 years, and
that the intention there was to convey to the landholders all
the advantages that attach to a permanent grant, without
saddling them with the inconvenience sometimes attending the
tenure of real property.†
In reply to that despatch, Earl Grey stated (despatch of Earl Grey's
the 4th December, 1848) that, fully appreciating the difficulty reply.
in proposing any plan, short of the actual reduction of the
rents, which would prove entirely satisfactory to the general
body of landowners, he was inclined to concur in the opinion
that to extend the term of the existing leases would be the
Antè Chap. VIII § II. , p. 178.
† See also antè Chap. VII., p. 144.
206 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Chap. X. most expedient course to adopt . Earl Grey then authorized the
1848. Governor to take the necessary measures for granting these
leases in virtual perpetuity for the term of 999 years , and, as will be
seen later on, steps were taken in that direction on the 3rd March,
1849 , by Government Notification of that date.*
Return of
Mr. Inglis , On the 20th July, Mr. Inglis, the Registrar- General, returned
the from leave and resumed the duties of his office . On the 21st
Registrar-
General, July, just a week after the Governor's return from his trip ,
from leave. a proclamation was published announcing that the three
Victims victims of the infamous Too Apo, formerly a pirate, next
of Too Apo
pardoned. an informer, then a trafficker in human lives, and now a
convict, and who has been so often mentioned before , had
received a free pardon . It will be recollected that Too Apo
had been convicted at the April Criminal Sessions of this
year of extorting money under a threat to charge others with
piracy, and that three of the men, sentenced to transportation
upon his unsupported evidence in January last, were about
Governor to embark by the Mor, but were kept back by the Governor
Bonham
eulogized. that he might inquire into their case. There could not have
been a difference of opinion as to the use the Governor had
made of the high prerogative with which he was entrusted . It
had been the peculiar misfortune of these men that they had
been tried and condemned before Mr. Bonham's arrival, and it
was suggested that, with so indifferent a judicial staff to consult,
Mr. Bonham might hardly have been expected to exercise his
prerogative of pardon against the advice of the then acting Chief
Justice and the Chief Magistrate, however much he may have
doubted its soundness ; but the fact of these men having been
retained in the Colony and Mr. Bonham himself inquiring into
their case, afforded a gratifying proof of Mr. Bonham's desire
to see justice done to the meanest of those placed under his
Another Government . On the 17th August, the Governor granted a free
victim of
Too Apo pardon to another of the unfortunates convicted on the now
pardoned . memorable 24th January of the present year.
Piracy Case On the 29th July, the schooner Spec arrived in Hong-
against
Captain Cole kong under charge of Lieutenant Graham and a prize crew
and crew
of the belonging to H. M. brig Childers . Captain Cole of the Spec
schooner and her crew were handed over to the authorities on a charge of
Spec. piracy. The case attracted much attention at the time, but at
a Sessions of the Vice- Admiralty Court on the 3rd October, the
No true bill. Grand Jury found no true bill against the prisoners, who were
discharged . The case, it would appear , rested mainly upon an
* See Chap . XI., infrà.
† Antè p. 191 .
Antè Chap. VIII § II., p. 174 .
THE ATTORNEYS AND THE COURT FEES . 207
alleged confession of Captain Cole and the statement of a Chap.
-- X.
Chinese witness who had disappeared, and for whose apprehen- 1848.
sion Government had offered a reward of $ 200 .
Mr. Mercer, the Treasurer, who had resigned his temporary Re-appoint-
ment of Mr.
seat in the Legislative Council on the return to the Colony of Mercer as
Chief Justice Hulme, was now again appointed a member of the aofmember
the
said Council and was re- sworn accordingly. Legislative
Council.
On the 7th August, the solicitors and attorneys of the The solicitors
Supreme Court petitioned the Chief Justice on the subject of and neysattor-
the Court Fees, forgetting apparently that the reform asked for petition the
on theJustice
did not so much rest with the Chief Justice as with the Execu- Chief
sub ject of
tive. The following was the petition :- the Court
fees .
Victoria, 7th August, 1848 .
To the Honourable
JOHN WALTER HULME, Esquire,
ChiefJustice of the Supreme Court of Hongkong.
The humble petition of the Solicitors and Attorneys of the Supreme
Court,
Humbly sheweth,—
That we most respectfully call your attention to a circumstance which
has long been felt as a bar to suitors in the Supreme Court obtaining their
just rights by the aid of law, especially to the Chinese and Natives of India,
many of whom have large claims, which they are at present prevented from
bringing into Court by reason of the percentage fee payable on affidavits to
hold to bail, on declaration, and on the judgment pronounced, which is two
per centum for the first one hundred dollars, and one (per cent.) for every
subsequent hundred , of the amount claimed or sought to be recovered ; and
which in many cases acts as a complete barrier to parties obtaining redress .
We may mention in proof of this that there are several parties who have
equitable rights of action upon individuals residing in China, and within the
jurisdiction of the Supreme Court of Hongkong, one of which is for the
recovery of about $ 100,000 . In their case the bill has been already drawn
by counsel nearly two years ago, but as the party is not, through unavoid-
able reverse of circumstances, able to raise a sum of one thousand and one
dollars being the Court fee payable on the filing of this bill, he is completely
shut out of the Court ; while he cannot sue as a pauper, being worth more
than twenty-five dollars , but not able to pay so large a sum as one thousand
dollars .
A few months ago, a Chinese merchant wanted to hold an English mer-
chant (who was going to England by the mail in rather a sudden manner) to
bail, for his debt for goods sold, amounting to seventy thousand dollars. To
do this he would have had to pay a fee of seven hundred and one dollars on
the affidavit to hold to bail, which the party looked upon as in the nature of
Mandarin squeeze, and would not pay ; and, of course, he was deprived of his
remedy and in many similar instances have parties been prevented from
coming into Court. If Your Lordship would take the trouble of looking through
the Table of Court Fees, you would observe that in suits commenced by way
of arrest, this fee of one per centum is paid three several times during a suit,
should it go to trial ; if the suit is commenced by the ordinary writ of summons,
208 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap . X. the fee is paid twice ; while on judgment by default there is no percentage
- fee on signing the final judgment. In small amounts these fees are not con-
1848.
sidered so great a hardship ; but when the amount sought to be recovered is
large, this fee frequently operates almost as a denial of justice.
At present there are many parties who have very large claims on a firm at
Canton, which they do not like to bring into Court on account of this fee.
In one case, writs of summons have issued to the amount of twenty thou-
sand dollars on bills of exchange, and on which the party declined risking
the fee of two hundred dollars for filing the declaration, as he says he may
not get anything by it. Perhaps it might not be out of place to mention
that we have been informed that at the Consular Courts payment of the same
fees as are payable in the Supreme Court are not in all cases paid.
We would also respectfully add, that those fees above alluded to are not known
amongst the fees of Court in England ; and we are not aware of such a fee
being payable in any other of Her Majesty's Colonies, -the fee upon filing
declarations and affidavits to hold to bail in England , and in the Colonies of
Australia and Van Diemen's Land being only one shilling, whatever may be
the amount recovered.
We would therefore humbly suggest a more equitable mode for the collec-
tion of a fee greater in amount, namely , a poundage fee similar to the Sheriff's
in all cases on writs of ca. re. and executions , whether on judgment
by default or otherwise, such fee to be levied by the Sheriff on the amount
recovered.
It is humbly conceived that by abrogating the amount payable in the
initiatory part of proceedings, even a greater revenue would be derived to the
Court than the amount already realized , people generally viewing actions at
law as a species of speculation , and in which, if they succeed , they would not
object paying what might be reasonably demanded for the benefit derived .
These few observations are addressed to Your Lordship actually owing to
the frequent complaints of suitors on this subject ; and to which we most
humbly and respectfully beg to call your attention .
Your petitioners therefore humbly pray Your Lordship's interference in the
matter ; and hope that what is now felt to be a grievance, Your Lordship will
be able to have remedied ; and your petitioners will ever pray, etc.
Fees
The fees complained about had been prescribed by the Re-
prescribed
by Regula gula Generalis of the 1st March, 1847 , before alluded to. *
Generalis.
Inspector On the 31st August, Mr. Thomas Smithers , Inspector of
Smithers
and other Police, was caught in a typhoon while in charge of some Police
Police who had been ordered out in the Police gunboat for a change
drowned.
by the Medical Officer, and, together with his son and a number
of European and native Police, was drowned. By Mr. Smithers'
death, the public lost a most efficient officer whose zeal and ac-
tivity had been only equalled by his experience acquired during
twenty years ' service in the London Police, and who had been
selected from that body, as the most likely man to assist Mr.
May in performing Police duties in Hongkong, in a satisfactory
manner. On this sad occasion the Police lost no less than eight
European and nine other Policemen , Manilamen and Chinese.
* Antè Chap. v. § II., p. 130.
+ See Chap. III. § II., pp. 75, 76.
A FATAL SCRIMMAGE WITH POLICE. 209
Mr. Holdforth, Assistant Magistrate and Sheriff, again came Chap. ― X.
under public notice at this period. In his capacity of Sheriff, it 1848.
was publicly alleged that " for pecuniary consideration " he Further
charges
allowed debtors to go out when and wherever they liked , in the against Mr.
custody of an officer, on the ground that the prisoners being Holdforth,
the Sheriff.
committed to his charge he could of his own accord grant them
any indulgence he pleased . Another charge against him was
that he frequently employed convicts under charge of native
policemen, in clearing, levelling, and carrying earth on his own
private grounds. For some reason not very apparent at this
distance of time, the authorities appear to have turned a deaf ear
to the public remonstrances as to Mr. Holdforth's doings. The
records of 1850 , however, as will be seen later on , show him up
in his proper colours.
Mr. Hulme, the Chief Justice, was providentially saved from Chief Justice
Hulme's
a violent death on Tuesday, the 5th September. In crossing a fall from
bridge on horseback between Victoria and Stanley, the bridge horseback.
broke down , and the Judge had a fall of about thirty feet. Fortu-
nately the fall was broken by a scaffolding put up for repairs,
and though the respected gentleman, says the report , was His popu-
severely bruised, it was gratifying to know that his injuries larity.
were not such " as to endanger a life so valued by his countrymen
in China , " --which in itself shows how popular the Chief Justice
was .
Session of
A Sessions of the Vice- Admiralty Court was held on Tues- the Vice-
Admiralty
day, the 3rd October, when the case of Captain Cole of the Court.
Case against
Spec, previously referred to,† was thrown out. Captain
Cole thrown
On the night of the 15th October, 1848 , as a party of Eng- out.
Police
lishmen in a boat were passing in the harbour, stones were scrimmage
with
thrown from one or two junks, and the water police were sent Chinese
to obtain redress . It seems that it had been a practice among in the
harbour.
thieves in the waters of Hongkong to personate police, and in
that guise to board trading vessels . It was blowing hard ; the
police neared the junks ; many yards from the vessels , in the
dark, amid much confusion of wind and voices , a summons was
shouted , in indifferent Chinese , to the junkmen to admit the
police on board. The Chinese showed fight, and the police Police seek
boats made off to obtain reinforcements from a war-ship . A naval
A assistance.
party was then sent under a naval officer, the junks boarded
by force, when two Chinese were killed , and others taken into
custody. On the way to shore, some of the sailors " exe- Chinese
cuted Lynch law " upon the prisoners by cutting off their killed.
'Tails ' cut
queues . At an inquest held on the bodies, the Chinese pri- off.
* See Chap. VII., p. 150, and Chap. XII., infrà.
↑ Antè p. 206.
210 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. X. soners declared that they mistook the boats which approached
-
1848. them for those of thieves ; and a proclamation by the Governor
was produced directed to masters of trading junks in which it
was declared that " no person except the Harbour Master can
board a junk or vessel without the consent of the master, unless
he is armed with a warrant and accompanied by a constable. "
Verdict at The Jury returned a special verdict with a rider to the effect
inquest.
that the two Chinese died from gun- shot wounds inflicted by
certain seamen and marines unknown acting under orders, but
that the resistance offered " appeared to have been justified " by
the necessity of trading junks protecting themselves from being
boarded by strangers and pretended policemen , which was
tantamount to a verdict of manslaughter ' against the assailants
of the junk. The action of the authorities in this case was after-
Home and wards strongly commented upon by both Indian and Home
Indian
view of the papers, and the suggestion thrown out that " the prisoners ar-
case. rested by the boarding party, and the families of the men killed ,
had a just claim to compensation
99 - a claim no less cognizable by
policy than justice . "
October On the 16th October, the usual Criminal Sessions were held .
Criminal
Sessions. ' There were fifteen cases set down for trial, but none call for
No comments yet.
Private notes are available after approval.