the-history-of-the-laws-and-courts-of-ho — Page 36

Secretary of
Anstey addressed the Secretary of State, as he feared the attacks State, and
of the Chinese, going into extraneous remarks and concluding alludes to the
constables
with the remark that " Mr. Caldwell , the Registrar- General, hadallowed to
two Police Constables told off every night for night duty at his well.Cald-
Mr.
house, besides a third who had leave to sleep on his premises." Rules and
orders of the
On the 12th July, 1858 , the Standing Rules and Orders for the Legislative
Legislative Council were published , the Standing Rules and publish
Counciled.
Orders of the 7th March of the present year being rescinded . Rules and
On the same day the Attorney- General in the Legislative orders of
7th March,
Council signified his intention of opposing such portion of the 1858,
expenditure as related to the establishment of the Registrar- rescinded.
Mr. Anstey
General, as he considered it a sinecure office. states in the
Legislative
The pawnbrokers , considering that the licences demanded of Council
them were of too exorbitant a rate, decided to close their shops . Registrar-
that the
After this they proceeded to take down their signboards as a General's
office
sign of determination on their part to oppose the Government, once is a
in which, however, there is nothing to show that they proved Pawnbrokers
successful . attempt a
• demonstra-
The authorities having received information that increased tion,
considering
watchfulness on the part of the public was necessary, the their
licences
Superintendent of Police, Mr. May, by direction , on the 24th exorbitant .
July, having regard especially to what had recently happened Police
to Mr. Hazeland, † notified that great caution was necessary in warning
increasedas to
walking or riding far away from the town unarmed or alone, watchful-
and that night passes heretofore issued to Chinese to be in the ness by
residents
public streets up to nine, would for the future be valid in effect necessary.
only to eight o'clock . The inhabitants of the Colony were now Caution as
to walking
thrown into a fervent state of anxiety, owing to the condition or residing
of affairs prevalent consequent upon our relations with China. far
fromaway
town ,
No work of any kind could be got done - tailors , shoemakers , Night passes .
carpenters, and artisans of every kind had departed from Hong- Hours
kong, and it was calculated that no less than twenty thousand reduced.
persons had taken their departure from the island . Food was, Condition
of affairs in
moreover, at almost famine prices, and an entire stoppage was Hongkong
threatened of the usual supplies of provisions for the markets. consequent
upon
Sir John Bowring had been several times approached as to the relations
state of things and as to the inefficiency of the Police, but he with China.
These were in the nature of "extracts from the Royal Instructions to the Governor
of Hongkong, dated the 6th April, 1843."
† Antè Chap. XXI., p. 478.
496 HISTORY OF THE LAWS , ETC. , OF HONGKONG.

Chap. XXII. had done nothing. It was no wonder therefore that as a first
1858. measure the community decided to memorialize him upon the
subject.
Police The inefficiency and condition of the Police Force, it may be
inefficiency added , had also been represented outside the Colony. A local
The residents
memorialize correspondent of The Straits Guardian, in a letter to that paper
the Governor
and ask for dated the 27th February, 1858 , had thus previously expressed
prompt what he termed " the unanimous verdict of the inhabitants of
remedy. Hongkong " in the matter. He said :-
The Straits
Guardian " Until the middle of last year, the clothes of the men were for the most
on the part ragged, greasy, and patched ; many had the legs of the trowsers so short
condition that the whole of the ankles were visible ; some wore boots in one of which
of the
Police Force, they could have put both legs ; it thus became a heavy labour to carry them,
and to run in them was quite out of the question ; their boots, moreover, were
old and shabby, the toes or heels of the men protruding through the leather,
and as for polish, it was nobody's business to look after that.' The men
made as much noise walking in these boots as a troop of cavalry would in
going over the same rocky ground . So much for their dresses. As for the
superior class . Of the one hundred and fifty or one hundred and sixty Por-
tuguese and India men, about twenty-five or thirty were natives of Goa or
Macao ; the others were and are now all discharged Bengal seamen , for the
most part totally unfitfor any service, as is evidenced by the hospital reports.
And to crown the whole a Mr. May is at the head of that ' respectable '
squad, —a man who has been upwards of twelve years at its head, without
being able to address any of his subordinates in his now language ; in fact,
he cannot speak a word of any other language but English ; the inefficiency
of the force speaks volumes against his capacity and ability. His father
was the most noted of the London superintendents, * but the son
We have little to say with respect to the European portion of the Hong-
kong force. There are thirty-two Europeans ; their pay amounts from $ 14
to $20 a month. They cannot speak to their subordinates but in broken and
barbarous English , for anything better would be quite unintelligible to the men."

It does not appear this time, as in the case of a former anony-
mous letter in The Straits Guardian, that Mr. Murrow was
accused of being the writer.†
The memo The following was the memorial of the community alluded
rial of the
community. to above, relating to the condition of affairs in the Colony and
" the inadequate state of the Police Force under the circum-
stances ":
Hongkong, 29th July, 1858.
Sir, - It cannot but be well known to Your Excellency that during the
past week or two, vast numbers of Chinese residents, including shopkeepers,
traders, domestic servants, and the labouring population, have taken their
departure from this Colony ; and the movement of which this is only one
symptom, appears to us of so serious a nature that we feel urgently called
upon to solicit the prompt application of some remedy to it on the part of the
Colonial Government.

It is sufficiently notorious that this flight from the island is occasioned by
menacing notices, issued by, or through the instigation of the Shunkum , -an
* See Vol. II., Chap. LXX.
See antè Chap. XIX., p. 447.
 HOSTILITIES WITH CHINA AND HONGKONG AFFAIRS . 497


association of gentry professing to represent the population of the Kwang- Chap. XXII.
-
tung Province, but believed to be guided by a knot of leaders at or near Canton.
1858.
Whether this self-constituted authority has of late acquired greater influ-
ence than formerly, or whether its menaces upon the present occasion are of
a more intimidating character than usual, it seems certain that its orders are like-
ly to be much more universally and implicitly obeyed than on any previous oc-
casion of a similar nature in the history of the Colony. We are assured, and
have the best reason to believe, that within a very few days from this time,
if the movement is not adequately checked , nearly every Chinese from the
neighbouring districts now in the employment of foreigners will be com-
pelled to return to his home, thereby occasioning the greatest personal
inconvenience to every individual of the community, and completely para-
lyzing all the ordinary operations of intercourse and daily life. We are
threatened, moreover, with an entire stoppage of the usual supplies of goods,
which are derived from various points of the mainland, constituting, in fact,
the whole provision of our markets. From a very partial application of the
measure up to the present time, the price of provisions has risen enormously,
to the serious detriment of the inhabitants, both natives and foreigners ; and
we feel perfectly persuaded that these threats are of no empty character, but
both as respects the departure of our servants, and the stoppage of our sup-
plies, will be rigorously carried into effect. We are apprised through the
personal communications some of us have had with Your Excellency, that
your hands are to a certain extent tied , as respects measures of any nature
to be taken against Chinese other than residents in the Colony. At the same
time we feel satisfied, that strictly local measures are wholly inadequate to
meet the existing emergency, when the bold front of resistance that has of
late been displayed to the Allied occupation of Canton is now extended into
aggressive acts against this Colony, and indeed against foreigners wherever
they are to be found , as in the neighbouring neutral settlement of Macao.
The proper regulation of this, and all other kindred matters, undoubtedly
rests with the supreme authority in the person of Her Majesty's High Com-
missioner, the Earl of Elgin and Kincardine ; in whose absence, we would
most earnestly press it upon Your Excellency's consideration, that this is
one of those extreme occasions in which the local representatives of Her
Majesty's Government are imperatively called upon to exercise an unusual
responsibility in order to provide for the general welfare and safety.
A strong additional inducement for resolute interference, lies in the moral
effect that a policy of simple inaction would produce in the minds of the Chi-
nese resident here.

If the present movement is allowed to pursue its course unprevented, we
shall be exposed to a repetition of the evils now complained of, on every
occasion when real or fancied offence may be given to the gentry of the
neighbouring province, or the faction they represent ; so that the Chinese
will lose all confidence in the rigour of our rule, when they see us helpless to
protect them from the arbitrary mandates of their own countrymen, simply
because these are not issued within the bounds of the Colony.

We have been in communication with Chinese of respectability and influ-
ence, who can have no motive to deceive us in such circumstances as now
exist ; and we are led to believe from their representations, that the panic in
which they must unwillingly participate might to a great extent be allayed
were a stringent Proclamation issued by Your Excellency without a moment's
delay, stating, that if the present exodus of the Chinese population continue,
(more especially in the case of those who have contracted engagements by
entering the service of foreigners, ) and if the slightest attempt be made to
prevent market boats plying as usual and bringing the regular supplies of
provisions to the island, an armed expedition will be forthwith despatched to
498 HISTORY OF THE LAWS , ETC. , OF HONGKONG .

Chap. XXII , take retaliatory measures against the offending districts, and more particularly
-
1858. against those of Heang-shan and Sun-on, with the view of destroying these
places, and if need be the surrounding villages.

In the belief that the best effects would attend the announcement of a
prompt measure of this nature, we earnestly hope that the emergency will
appear to Your Excellency sufficiently grave to warrant its being at once
undertaken.

We trust Your Excellency will obtain the willing co-operation of the
Naval and Military authorities in a matter of so much moment, and we will
readily afford to Your Excellency any support which it may be in our power
to give at this critical juncture.

In conclusion, we beg to draw Your Excellency's attention to the inade-
quate state of the Police Force under the existing circumstances ; and we
would further point out to Your Excellency the - fact of numerous hongs and
houses being untenanted, and which, unless daily visited, might be the means
of affording shelter to evil-doers.

We have the honour to be, Sir, your most obedient servants,

(Signed) Jardine, Matheson, & Co.; Dent & Co.; Lindsay & Co.; Flet-
cher & Co.; Gilman & Co.; P. Campbell, Manager, Oriental Bank
Corporation ; Neave, Murray, & Co. , in liquidation ; John Costerton,
Manager, Mercantile Bank Corporation ; Gibb, Livingston, & Co.:
per pro. Blenkin, Rawson, & Co. , Fred . W. Goss ; for Birley & Co.,
Fred . T. Smith ; Henry Turner, Manager Agra and U. S. Bank :
Lane, Crawford, & Co.; Henry Kingsmill, B.A.; per pro. Phillips,
Moore, & Co., P. Cohen ; G. Harper & Co.; Benjamin Seare ; David
Sassoon, Sons & Co. ; P. & D. N. Camajee & Co .; R. H. Camajee &
Co.; Van der Hoeven & Kup ; P. F. Cama & Co .; A. L. Agabeg,
Jr.; A. Gibson ; Walter Toms ; N. Duus ; John Rickett ; J. Wil-
liams ; Eduljee, Framjee, Sons & Co.; D. N. Mody & Co.; A.
Shortrede & Co.; Sorabjee Hurjeebhoy ; M. Pestonjee ; D. Lapraik:
Bowra & Co., per W. H.; G. H. Heaton ; D. W. MacKenzie & Co.:
Alfred Wilkinson ; H. Duddell ; F. Woods ; Ambrose Parsons ;
Framjee, Byramjee, Metta & Co.; J. B. Watson ; B. Kenny ; Turner
& Co.; R. S. Langrana ; E. Soomon, per B. S. L .; Holliday, Wise,
& Co.; William Tarrant ; McEwen & Co.
His Excellency Sir JOHN BOWRING, LL.D. ,
etc., etc., etc.


The reply of On the 30th July the memorialists received the following
the Governor
as to reply :-
measures
taken for the COLONIAL SECRETARY'S OFFICE,
protection of VICTORIA, HONGKONG, 30th July, 1858.
the Colony.
Gentlemen ,-His Excellency the Governor has received your communica-
tion dated yesterday on the subject of the injuries inflicted on this Colony
by the hostile action of the Chinese, and representing the urgent necessity of
prompt and decisive measures for the protection of the Colony against pro-
ceedings threatening to its peace and prosperity.
Sir John Bowring will not fail to give the earliest and most serious atten-
tion to representations so emphatically made, and so respectably and numer
ously supported, especially as these representations are in accordance with
his knowledge of facts, and in general concurrence with his own opinions.
 TREATY OF PEACE WITH CHINA . 499


But the diplomatic powers of the Governor are wholly suspended until the Chap. XXII .
mission of His Excellency the Earl of Elgin shall have terminated all exist-
1858.
ing questions and differences with the Chinese authorities. He has received
no official communication from His Lordship authorizing him to resume them
-while any hostile action against the Chinese people or territory can only
be justified by the gravest necessity .
The Government of the Colony, and the needful measures for its security,
are no doubt committed to its Supreme Authority, and Sir John Bowring
has, without delay, summoned the members of the Executive Council, and
invited the presence of the Senior Officers of the Naval and Military services,
to discuss what steps should be taken in the present exigency .

A Proclamation has been prepared and will be immediately issued in Chi-
nese and English, of which I have the honour to forward a copy.
The Senior Naval Officer has engaged to send the Chinese translations to
Heangshan and Sun-on, and His Excellency will take care that it is also
forwarded to the Allied Commandants in Canton, for communication to the
Imperial Commissioner Hwang, and to such other persons as they may deem
necessary. Meanwhile Sir John Bowring ventures to hope for the early arri-
val of Her Majesty's Ambassador and the Naval Commander-in - Chief, not
doubting that they will relieve him from his grave responsibilities by the
adoption of prompt and energetic action against the reckless disturbers of the
public peace .
As regards local arrangements, instructions have been given to the Police
to exercise the utmost watchfulness . The time at which Chinamen with-
out passes are allowed to be in the streets has been limited to 8 o'clock p.m .;
and Military Patrols have for several nights paraded the populous parts of
the city, and will continue to do so.
The attention of the Police is especially called to the necessity of watch .
ing those unoccupied houses which might prove lurking-places to evil-doers ;
and His Excellency ventures confidently to hope that, with the friendly co-
operation of Her Majesty's subjects, and the adoption on their part of such
precautions as are demanded by prudence and foresight, our present disquiets
and difficulties will be succeeded by the establishment of the public peace,
and the extension of the public prosperity. - I have, etc.,
(Signed) W. T. BRIDGES,
Acting Colonial Secretary.


A copy of the proclamation mentioned in the foregoing Proclama-
letter, announcing the restoration of peace between England tion
announcing
and China and requiring obedience to the law and good beha- Treaty of
Peace
viour on the part of the Chinese inhabitants, is given hereunder, between
the same being published in The Government Gazette of the 31st England
and China
July : --
- and requir
PROCLAMATION. ing obedience
JOHN BOWRING. to law
and good
Peace has been happily established between the Queen of Great Britain behaviour
and the Emperor of China. The solemn Treaty was signed at Tientsin on on the part
of the
the 3rd July, by High Commissioners for that purpose appointed . Chinese
It is the duty of all good subjects reverently and obediently to give effect inhabitants.
to the engagements entered into by their respective Sovereigns, and most
especially so when those engagements proclaim amity, harmony, and good-
will.
500 HISTORY OF THE LAWS , ETC. , OF HONGKONG .

Chap. XXII. In this Colony great numbers of Chinese are settled . They have taken no
1858. part in any hostilities, but have pursued their avocations in peace and due
submission to the laws ; many of them have been engaged in the service
of Her Majesty's subjects, have contracted engagements with them, and are
entitled to the protection and friendship of the British authorities.
But, in disregard of the obligations of Treaties, and of the Will of His Im-
perial Majesty, menacing Proclamations and Orders have been issued, com-
pelling the peaceful residents of this Colony to quit their abodes , —to violate
their obligatious, -to neglect their duties, -and to flee to the mainland of
China ; and these menaces have proceeded principally from the districts of
Heang-shan and Sun-on.

Now, be it known to those who have issued, or who shall seek to give
effect to such menaces, and especially to the authorities and gentry of Heang-
shan and Sun-on, that these acts of hostility cannot be tolerated by me ; and
that, unless the Proclamations and Orders, compelling the Chinese people to
leave this Colony, be immediately withdrawn, and the people who have left
the Colony allowed without delay to return to their business, and to the ser-
vice of those with whom they have been engaged, the places and persons to
which these hostile acts are traceable will render themselves liable to signal
punishment.

Moreover, attempts have been made to stop the supply of provisions to this
Colony ; and it is hereby proclaimed, that every person who shall arrest the
safe and regular transport of articles intended for the markets of Hongkong,
does, by such act, declare himself an enemy of Great Britain, and a lawless
subject of the Emperor of China, and will be severely visited for his offence.

Let, therefore, the disturbers of the public peace take warning, -and the
well-disposed rely on the protection which this Government is willing and
able to afford.

Given at Victoria, Hongkong, this 30th day of July, 1858.

By His Excellency's command,
W. T. BRIDGES,
Acting Colonial Secretary.

GOD SAVE THE QUEEN,
 501




CHAPTER XXIII.

1858 .



Neglect ofthe authorities to inquire into charges brought by the Attorney-General against
Mr. Caldwell. - Sharp debate in Legislative Council affecting the Registrar-General's cha-
racter.- Mr. Anstey's resignation as a Justice of the Peace, on account of his declining to sit
with Mr. Caldwell. - Mr. Anstey's reasons. -Mr. Anstey addresses the Secretary of State
upon the subject. The Governor declines to accept Mr. Anstey's resignation as J. P.,
and asks him to reduce his charges to writing. -Mr. Anstey's reply.- Sir John Bowring
asks the Justices to inquire.- The Justices refuse to interfere. -A Committee appointed.—
Mutual recriminations. - Sir John Bowring asks Secretary of State to await result of
investigation on Mr. Anstey's ex parte statements. -Alludes to Mr. Anstey's ' restless
nature. -The Commission issued. The Warrant of Commission. -The list of charges
against Mr. Caldwell. -The inquiry public. - Disgraceful scene between Mr. Anstey and
Dr. Bridges. - Dr. Bridges' attack upon Mr. Anstey.- Mr. Anstey's revelations regarding
relationship between Sir John Bowring and Dr. Bridges. - Sir John Bowring refers
in the Legislative Council to his privileged communications with Mr. Anstey. - The
report of the Commission. - Some of the facts proved.- Mr. Caldwell's appointment
as a J. P. deemed injudicious.- Dr. Bridges ' acuteness consequent upon Mr. Anstey's
relations with the Government. -Mr. Mercer obtaining an extension of leave, Dr. Bridges
wishes to resume the practice of his profession.'-The Governor's reply. - Sir John
Bowring informs the Secretary of State Mr. Mercer's prolonged absence causes him much
perplexity. The Secretary of State's acknowledgment of Dr. Bridges' services. - No
expression of regret at resignation. - Report of the Commission forwarded to Mr. Anstey.
-Mr. Anstey informed unless his defence is satisfactory, he will be suspended. —Mr.
Anstey protests against the charges against Mr. Caldwell being called his charges, and
asks for a copy of the evidence. -The report of the Commissioners attacked by the Press.
-Mr. Anstey's answer.-Mr. Anstey informed that Executive Council would consider advi-
sability of suspending him.-Mr. Anstey forwards further memoranda to Dr. Bridges,
asking for a fair trial.- The Executive Council decide to suspend Mr. Anstey.- Mr.
Anstey's suspension anticipated. -Applications for the vacancy had already reached
the Government. - Mr. Anstey suspended from office and removed from the Commission of
the Peace. Mr. Day appointed acting Attorney-General. - Mr. Austey memorializes the
Secretary of State. His attack upon Colonel Caine.-The Secretary of State informed of
Mr. Anstey's suspension and of Mr. Day's appointment as acting Attorney-General. Sir
John Bowring also recommends Dr. Bridges for the Attorney- Generalship. - Sir John
Bowring's despatch reporting the suspension of Mr. Anstey.- “ Insubordination to his
authority and disrespect to his station and years." -The Bishop of Victoria takes a
charitable view of Sir John Bowring, -Sir John Bowring as belonging " to an unsatis-
factory political and religious school."
Chap. XXIII.

THE Attorney- General had several months ago brought some Neglect
very serious charges against Mr. Caldwell, the Registrar - Gene- of the
authorities
ral , which the local Government neglected to investigate. to inquire
into charges
brought by
On the 10th May there was a sharp debate in the Legislative the Attorney-
General
Council, in which the charges were brought up as affecting the against Mr.
Registrar-General's character. Caldwell.
Sharp debate
in Legisla
On the 13th the Attorney- General forwarded his resignation tive Council
to the Governor as a Justice of the Peace, as he declined to sit affectingthe
Registrar-
on the same Bench with a person against whom these charges General's
had been made, but whose word of denial was considered suffi- character.
Mr. Anstey's
cient to meet and answer them. Mr. Anstey said he " founded resignation
502 HISTORY OF THE LAWS , ETC. , OF HONGKONG .

Chap. XXIII. his reasons not so much upon the antecedents of Mr. Caldwell's
1858. life passed among Chinese outlaws and pirates, nor upon his
as a Justice alliance by means of his wife,-a Chinese girl from a brothel , —
of the Peace
declining with some of the worst Chinese in the Colony," but on the fact
to sit with
Mr. Cald- that he considered him unworthy of the position he held owing
well. to his long connexion with the notorious pirate and informer
Mr. Anstey's Ma Chow Wong, and " as a speculator in brothels and brothel
reasons. licences ."


Mr. Anstey Mr. Anstey at the same time addressed the Secretary of State
addresses the
Secretary upon the subject, supplying the Governor at the same time with
of State a copy of his letter. On the 14th May, the Attorney-General's
upon the
letter was answered . In this answer the Governor declined to
subject .
The Governor accept Mr. Anstey's resignation , and called upon him to reduce
declines to his charges into writing.
accept Mr.
Anstey's
resignation
as J. P., and A reply was sent stating that he, Mr. Anstey, refused to act as
asks him to a Justice of the Peace ; that, as for giving the charges in writing,
reduce his
charges to he had done so more than once when they had been passed in
writing. silence ; and that he should therefore decline allowing any more
Mr. Anstey's of his written charges to run the same chance of neglect.
reply.

Sir John
Sir John Bowring thereupon summoned together the Justices,
Bowring
asks the to inquire into the charges, as affecting the character of the
Justices to.
inquire. Bench ; but, on the motion being put to them at the meeting,
The Justices the Magistrates by a majority determined not to interfere in the
refuse to matter, considering that the investigation lay entirely with the
interfere.
Government. Nothing was left but for the Council to appoint
A Committee a Committee to inquire into the charges. The mutual recrimi-
appointed.
nations in which the heads of departments were indulging at
Mutual
recrimina- this period were scandalous in the extreme, disgraceful to the
tions.
service, and detrimental to the Colony.
Sir Jolm Sir John Bowring, in alluding to the letter addressed
Bowring
Secretaryasks directly to Lord Stanley by Mr. Anstey, asked His Lordship,
of State to
await result on the 18th May, " to wait the result of the investigation before
of investiga coming to a decision on Mr. Anstey's ex parte statements ," and
tion on Mr. he added " I cannot, however, refrain from mentioning that since
Anstey's
ex parte Mr. Anstey's arrival in the Colony (with the exception of the
statements. periods of his absence therefrom ) there has been little peace.
Alludes to Mr. Anstey's restless nature has caused infinite annoyance to
Mr. Anstey's
•restless the Government, and the cases referred Home (though suffi-
nature.' ciently characteristic ) are but a few of those with which I have
had the disagreeable duty to deal."
The Commis- On the 20th May the Government issued a Commission con-
sion issued . sisting of Mr. Cleverly, the Surveyor- General , Mr. Davies, Chief
* Antè Chap. XIX., pp. 444-447.
 INQUIRY INTO CHARGES AGAINST MR. CALDWELL . 503


Magistrate, and Messrs . Lyall, Fletcher, and Scarth , Justices of Chap. XXIII .
the Peace, to inquire into the charges made by the Attorney- 1858.
General against the Registrar- General.

The following is a copy of the Commission , together with a The Warrant
of Commis.
list of the charges preferred against Mr. Caldwell drawn up by sion.
the Government, but in regard to which Mr. Anstey positively
declined any responsibility and emphatically demurred , as will
be seen hereafter, as to their being in any sense his charges : -
WARRANT OF COMMISSION.
Whereas certain charges have been brought in the Legislative Council and
in official documents by the Honourable Thomas Chisholm Anstey, Esquire,
Attorney-General, against Daniel Richard Caldwell, Esquire , Registrar-
General, which necessitate an inquiry into the truth of such charges ; and
whereas such inquiry will be most conveniently and expeditiously prosecuted
by means of a joint Commission of officers of the Government, and Justices
of the Peace ; now, therefore, know ye, that I, Sir John Bowring, Knight,
LL.D., Governor and Commander-in-Chief of the Colony of Hongkong, and
its Dependencies, and Vice-Admiral of the same, do hereby under my hand
and the Seal of the said Colony, appoint you, the Honourable Charles St.
George Cleverly, Esquire, Surveyor- General of the said Colony, the Honour-
able Henry Tudor Davies, Esquire, Chief Magistrate for the said Colony, the
Honourable George Lyall, Esquire, Angus Fletcher, Esquire, and John
Scarth, Esquire, Justices of the Peace for the said Colony ; or any three of
you, to be a Commission for instituting and prosecuting all needful and pro-
per inquiries into the truth or otherwise of the under-written charges, which
embrace the accusations made by the Attorney- General against the Registrar-
General ; and to take evidence, but not upon oath, in the premises ; and to
report to me all evidence so taken by you, and also your opinions thereon.
And I do hereby require you to commence your said inquiries forthwith, and
to proceed therein continuously, and to make your report to me as aforesaid
with all reasonable despatch. And I do hereby empower you, during the
course and for the purposes of your said Commission , to obtain at the expense
of the Government such professional or other assistance as you may deem
necessary, and to demand and obtain access, at all times, to all and all manner
of papers, records, and documents, relating to the subject matter of the said
Commission, and in the custody or under the control of the several public
departments, within this Colony, and from time to time to call before you
and examine all persons superintending or employed in or under any of the
said departments .
And I do hereby charge all persons in the Public Service to be aiding and
assisting unto you herein.
Given under my hand and under the Seal of the Colony of Hongkong, at
Victoria, in the said Colony, this twentieth day of May, A.D. , one thousand
eight hundred and fifty-eight.
(Signed) JOHN BOWRING,

The list of charges , as alleged to have been preferred by Mr. The list of
charges
Anstey against Mr. Caldwell, was the following :- against Mr.
LIST OF CHARGES Caldwell.
Preferred by the Attorney- General to the Government against the
Registrar- General.
1. With being unfit to be a Justice of the Peace.
2.--With having a scandalous connexion with a brothel licensed by him-
self, namely, Brothel No. 48 .
504 HISTORY OF THE LAWS , ETC. , OF HONGKONG.

Chap. XXIII. 3. With having passed a portion of his life among Chinese outlaws and
pirates.
1858.
4.-With an alliance with some of the worst Chinese in this Colony through
his wife-a Chinese girl from a brothel.
5. With being a speculator in brothels and brothel licences.
6. With being long and intimately connected with Ma Chow Wong ; and
that that connexion is still subsisting ; and that the principal link in that
connexion is the bond of affinity by adoption according to Chinese law.
7. With being in the habit, on Ma Chow Wong's unsupported information,
of arresting and discharging persons, and of confiscating or restoring property.
8. That the Chinese dare not now complain of the connivances and pro-
curements of Mr. Caldwell, the patron of the outlaw Ma Chow Wong.
9. With having procured bail for Ma Chow Wong ; such bail being a
servant of his own (Mr. Caldwell's), who had been but a month before in
prison for debt.
10. With audaciously denying that the books and papers of the pirate's
hong contain any evidence of Ma Chow Wong's guilt, with having deceived
the Executive Council in the inquiry had relative to Ma Chow Wong, and
with being convicted of falsehood by Mr. May. *
11. With being partner with Ma Chow Wong in a lorcha, and that there
were entries in Ma Chow Wong's books, and made by him, of moneys paid to
Mr. Caldwell on account or out of the produce of plunder made at sea. *
12. With harbouring Ma Chow Wong's wife after his conviction.
13. With inducing the Attorney- General at the beginning of 1857, to
order the release of a great number of men, who Mr. May knows to have
been pirates, and who Mr. Caldwell ought to have known at the time were
pirates.
14. With buying land in the Colony since December last, when he became
licenser of brothels.

15. With having once owned three unlincensed Hongkong brothels at
a time.
16. With having a Chinese sister-in-law by blood or usage, who in 1856-
57 was keeping brothels.
17.- With receiving the monthly rack rentals of houses, and in particular
of a brothel standing on 11 Crown lots, down to the present mouth of May,
18.- With having informed Mr. May, that he, Mr. Caldwell, was a mem-
ber of a Secret Society.
19.― With having informed Mr. May, that although he would not himself
take bribes, he would not object to his wife doing so.

The Commission held its first sittings on Thursday, the
The inquiry 27th May, this and subsequent meetings being open to the
public.
public . At the meeting of the 1st July a disgraceful scene
Disgraceful occurred between Mr. Anstey and Dr. Bridges, when both hap-
scene
between Mr. pened to be present. The charge of malpractices , having become
Anstey and . extended , came to be applied to Dr. Bridges, during the period
Dr. Bridges
he fulfilled the duties of Attorney-General. Dr. Bridges was
Dr. Bridges'
attack upon called upon to give his evidence, but, instead of doing so, he
Mr. Anstey, made an attack upon Mr. Anstey, not for the commission of any
* See antè Chap. XIX., p. 446.
 REVELATIONS RESPECTING DR. BRIDGES . 505


malpractices, but for harassing and slandering him . Dr. Chap. XXIII .
Bridges upon this occasion threw the first stone, and used lan- 1858.
guage that seemed meant to provoke blows. In vain the Chair-
man tried to stop him, -- the attempt to do so was like adding oil
to the flame. The result was as might have been anticipated .
Mr. Anstey retorted most effectively, not confining himself to
any differences between Dr. Bridges and himself, but proceeding
with the business before the meeting by stating what the mal-
practices were with which the former was charged . Mr. Anstey
made the most astounding revelations yet heard of regarding Mr. Anstey's
revelations
the relationship which had existed between the Governor and regarding
relationship
Dr. Bridges. This is what he said , taken verbatim : -- between
Sir John
" In the face of the menace which Dr. Bridges in the Governor's name has Bowring and
Dr. Bridges.
held out of some official inquiry to begin when this Commission has ended
its own, I will state generally what the malpractices were which were imputed
by the Governor to Dr. Bridges, and which, or some of which , I restated to Mr.
Mercer at the time. The Governor said he was never able to obtain an
unbiassed opinion from Dr. Bridges, by reason of his being mixed up with a
great quantity of local business ; that there was a strange and illicit conne-
xion between him and the Chinese community ; that he used it to the great
discredit of his office by every kind of extortion of an usurious character, he
being an extensive money-lender amongst that people ; that the house where
he lived and had his office, and conducted the business of the acting Attor-
ney-General was full of opium and other kinds of merchandise not belonging
to himself, but deposited with him by their Chinese owners in pawn ; that he
obtained, and through his position, I understood, much higher interest than
they could honestly pay ; the maximum was so ridiculously incredible, except
on the supposition of the goods being stolen goods, that I forbear to mention
it ; and he said that it was a scandal to the neighbourhood to see how the
pawned goods came in and went out through the lower apartments of the
house, as I understood . He further said, that the very moment of Dr.
Bridges' departure from the Colony was the signal for all manner of com-
plaints, impeaching Dr. Bridges's conduct in office and otherwise, and privately
made to the Governor, of which the latter had never before had any notice.
Finally, His Excellency said that he deeply regretted he had been weak
enough to give some strong certificate in the shape of a letter of credentials,
which Dr. Bridges had taken away with him ; but he said that he had
been very careful to confine it to his ability as a lawyer ; and that he had
explained in the proper quarter that, by lawyer, he did not mean an interna-
tional lawyer. These were only some of the many things which I was very
much pained to hear from him ; but I remember well that so grave were his
professions of distrust, that he went on to say, " He can do you no harm, for
he shall never again hold office in this Colony , " he repeated that on several
occasions afterwards. I remember Mr. Mercer telling me soon afterwards
that the Governor had made him very angry one morning, by opening the
question of Dr. Bridges to him, and to the effect that he, the Governor, was
in the habit of hearing such awful disclosures about Dr. Bridges's misconduct
and that he did not know what to think."
* This must have been when Dr. Bridges hurriedly relinquished the acting Attorney-.
Generalship to proceed to England to urge his claims - sce antè Chap. XVI . § II., p. 369.
+ Probably this was in allusion to the Arrow incident which formed the subject of
discussion in Parliament and in reference to which Dr. Bridges had been consulted when
acting Attorney-General- see ante Chap. XVIII. p. 431. See also his opinion as to the
Chinese being beyond the pale of civilized nations repudiated -antè Chap. XVI . § II.,
p. 377.
506 HISTORY OF THE LAWS , ETC .. OF HONGKONG .

Chap. XXIII. Mr. Anstey continuing said : -
--
1859. " I remember Mr. Mercer telling me that he took up the Governor roundly
and said yes, I know that Dr. Bridges's enemies are trying to destroy him,
now that his back is turned ,* but every one of them will live to see his mis-
take, ' or words to that effect. I think that occasion led to my mentioning
to Mr. Mercer, in some way general or particular, the nature of the charges
which I had heard against Dr. Bridges, and he assured me that they were
false, adding these words which make me remember it -' We were at Oxford
together, but I am not blinded by my friendship for him. I know his faults .
He is no beauty, but he has not done those things. ' On the other hand, I
found a very strong impression in other quarters that the Governor's statements
were not ill-founded, and twice during that spring I had to repel the advances
of Chinamen offering me bribes, if I would assist their friends in prison. "†
Sir John
In what humour Sir John Bowring must have heard of these
Bowring
refers in the disclosures and Dr. Bridges received them, especially in his
Legislative
Council to relations with the former, may be better imagined than de-
his privileged scribed , but that Sir John Bowring substantially may have so
communica
tions with confided in Mr. Anstey there could be but very little doubt .
Mr. Anstey. Yet subsequently he allowed himself to be influenced in select-
ing this very man of whom he held such an opinion to be acting
Colonial Secretary ! As will be seen hereafter, on the 2nd
August before the Executive Council, and on the 4th October
in the Legislative Council, Sir John Bowring referred to
what he called his privileged but now ' distorted ' communica-
tions with Mr. Anstey . ‡

The Commission having completed its labours drew up it
report . It found that eight of the charges brought against Mr.
Caldwell had no grounds for being brought or at all events
that no proof of them had been brought forward ; that seven of
the charges were unproved , but that there were grounds for
of the bringing them ; and that four were proved , and it conclu‹led
Some proved.
facts
Mr. Cald by stating that though some facts had been proved, " it appeared
well's to a majority of the Commission , that, although M. Caldwell's
as a J. P.
appointment original appointment as a Justice of the Peace may have been
deemed
injudicious, they ( the facts proved in the Commission's opinion )
injudicious. did not necessitate so strong a measure as his removal from that
The report office. ' The following is a copy of the report dated the 17th
of the
Commission. July :-
REPORT.
COUNCIL CHAMBER,
Saturday, 17th July, 1858 .
Sir,--We, the Members of a Commission appointed by Your Excellency, on
the 20th May, 1858 , to inquire into and report upon certain charges against Mr.
Caldwell, the Registrar- General, having inquired into the same do now report.—
That we commenced our public proceedings on the 27th May last, and
have had twenty-five sittings , extending over a period of seven weeks ; that
we have examined upwards of fifty witnesses , and a vast mass of documents,
* Dr. Bridges was at this time in England seeking permanent advancement.
+ An instance of this has already been referred to in this work- see antè Chap. xx.
§ I., p. 451.
See Chap. XXIV., infrà.
 REPORT OF COMMISSION ON CHARGES AGAINST MR. CALDWELL . 507


and have extended our inquiries into a number of matters , some of which, Chap XXIII.
irrelevant as they may now appear, were so woven into and combined with
1858.
the immediate subject of inquiry, that it was not considered safe to leave
them unexamined . We allowed ourselves great latitude as to the kind of
evidence we admitted , and were obliged to do so particularly in the matter of
hearsay evidence, though not to the extent which the Attorney-General (who
sent a protest on the subject) considered justifiable or even necessary. We
may observe here, that the same gentleman also forwarded a protest against
the manner of taking Chinese evidence, as being in his opinion palpably
favourable to Mr. Caldwell. But we now repeat, what the Chairman stated
at the time of the reception of the protest, that we consider the Attorney-
General's complaint totally unfounded .
We have experienced great difficulty in our labours : First, from the nature,
arrangement, and wording of the charges ; some of which it appeared unneces-
sary, as it certainly was most distasteful to us, to inquire into ; secondly,
from the reluctance of witnesses to give evidence ; and thirdly, and especially,
from the refusal of the Attorney-General to act as accuser, or to recognize
the charges as his charges. Under these circumstances, we considered it
advisable to engage the services of Mr. Day to act as examiner, parties in-
terested being informed that he would receive at his Chambers any informa-
tion which it was intended to bring before the Commission.
On the subject of our inquiry we report : -
That charge 2 has been satisfactorily met and explained by Mr. Caldwell,
though there existed strong primâ facie grounds for bringing it .
That charge 4 is not proved, but that there were grounds for bringing it.
That no proof whatever has been brought forward in support of charge 5 .
That charge 14 is not proved as regards Mr. Caldwell himself, though it
appears that Mrs. Caldwell has had transactions in laud and houses for her sister
since December last, when Mr. Caldwell became Licenser of Brothels ; but
that there is no evidence that Mr. Caldwell had any knowledge of such
transactions.
That charge 15 has not been proved.
That no proof has been given in support of charge 16, but that there
were grounds for bringing it.
That there is no proof whatever of charge 17, and that there were no suf-
ficient grounds for bringing it.
That there were no grounds whatever for bringing charges 18 and 19 .
That there were no grounds whatever for bringing charge 3.
That with regard to charge 6, a long and intimate connexion between Mr.
Caldwell and Ma Chow Wong has been proved , but that there is no proof of
any connexion by affinity according to Chinese law or custom.
That with regard to charge 7, it is proved that Mr. Caldwell has been in
the habit, on Ma Chow Wong's unsupported information, of arresting persons ;
but that there is no evidence as to his confiscating or restoring property.
That as regards charge 8 , there is no evidence of any connivances or pro-
curements of Mr. Caldwell ; but that it is manifest that the Chinese are very
averse to give evidence against him.
That as to charge 9, it has been proved, that Mr. Caldwell aided in the
acceptance of Sze-kai, his former servant, as bail for Ma Chow Wong, and
that Sze-kai had been imprisoned for debt, for a few days, a short time pre-
viously.
That we think it unnecessary to make any other observation regarding
charge 10, than that there is no evidence of Mr. Caldwell having deceived
the Executive Council.

* See antè Chap. XIX., pp. 445-447.
508 HISTORY OF THE LAWS, ETC., OF HONGKONG.

Chap. XXIII. That with reference to charge 11 , a partnership with Ma Chow Wong in
-
a lorcha is proved , and in fact admitted by Mr. Caldwell ; but that there is
1858.
no evidence as to payments to Mr. Caldwell out of the produce of plunder
made at sea.
That as to charge 12, there is no evidence whatever.
That of the fact stated in charge 13 , of the release of the men upon Mr.
Caldwell's representation as to their character, there is no doubt whatever ;
and that it appears incomprehensible how any person with Mr. Caldwell's
knowledge of the Chinese language, and holding the appointment he did ,
could have been ignorant of the character of the boats in which the men
were seized, and that one at least of these men was a notorious pirate, parti-
cularly as it is in evidence that Ma Chow Wong was connected with the
boats.
That with regard to charge 1 , it being only a matter of inference, we find
in support of such inference, that a sum of money was offered by a Chinaman
as a mark of gratitude to Mr. Caldwell for being instrumental in the release
of a lorcha seized by pirates, in which the man's father was ; but that this
money was refused by Mr. Caldwell, and on such refusal that it was offered
to Mrs. Caldwell as a present for the children. A majority, however, of the
Commission do not feel satisfied that Mrs. Caldwell accepted this money. It
has also been proved that a Chinese female named Shaplok, who has been
in frequent communication with Mr. Caldwell (and is reported , but not proved,
to be a sister by Chinese usage, of Mrs. Caldwell), received from the Foo
Fai pawnshop the sum of $400, because the sentence on a pawnbroker
belonging to the said shop had been mitigated, as was supposed, through her
influence, and that she received a further sum of $50 for her personal trouble
in the matter. Further, since the commencement of this inquiry, Mr. Cald-
well has , solely upon the information conveyed in an anonymous letter, that
certain property had been stolen, personally, and without the assistance of
the Police, searched a room in the occupation of Assow, the Police Court
Interpreter, whom Mr. Caldwell knew to be about to give evidence before
the Commission. Mr. Caldwell, in the opinion of the Commission, acted in
this matter injudiciously, to say the least of it.
Notwithstanding these facts, coupled with the circumstance of Mr. Cald-
well's connexion with so notorious à character as Ma Chow Wong, it appears
to a majority of the Commission that, although Mr. Caldwell's original
appointment as a Justice of the Peace may have been injudicious, they do
not necessitate so strong a measure as his removal from that office.
Finally, we would state, that in the course of the inquiry it has come to
our knowledge, that previous to the appointment of the Commission, certain
papers connected with Ma Chow Wong's trial, and which might have been of
service to the Commission, have been destroyed ; but it has been clearly
proved that their destruction was ordered solely because they encumbered
the Chinese Secretary's Office, while it appeared that they were then of no
value, and could not be further required . —We have the honour to be, Your
Excellency's most obedient humble servants,
CHAS. ST. GEO. CLEVERLY, Chairman.
H. TUDOR DAVIES .
GEORGE LYALL.
A. FLETCHER.
JOHN SCARTII.
To His Excellency
Sir JOHN BOWRING, Kİ. LL.D. ,
Governor ofHongkong.
&c., &c., &c.
See ante Chap. XX. § 11., pp. 465-466,
DR. BRIDGES RESIGNS THE ACTING COLONIAL SECRETARYSHIP. 509


Knowing probably what the consequences of Mr. Anstey's Chap. XXIII.
relations with the Government would end in, and evidently with 1858.
an eye to the future, notwithstanding his own indiscretions ' Dr. Bridges'
acuteness
so prominently disclosed in the opium monopoly inquiry of consequent
May last, Dr. Bridges, on learning that Mr. Mercer, the Colonial upon Mr.
Anstey's
Secretary, had had an extension of leave, wished at once to give relations
up the acting Colonial Secretaryship in order " to resume the exer- Government.
with the
cise of his profession " (sic). † In other words he wished to throw Mr. Mercer
off the shackles of his official position , now made so much more obtaining
an extension
burdensome and anomalous by his own doings, in order to of leave,
prepare himself for that other opening when it presented itself,
Dr. Bridges
wishes 'to
namely, the Attorney- Generalship. Accordingly, on the 21st
resume the
July, he wrote to Sir John Bowring and asked to be allowed practice of
his profos-
to resign his appointment on the grounds stated above, the sion ."
Governor asking him in reply to continue in office for a short The Gov-
time longer to give him the benefit of his aid " until matters ernor's reply.
pending before the Executive Council were concluded . ”

Sir John Bowring on the same day communicated with Sir Sir John
Bowring
Edward Bulwer Lytton , the Secretary of State, telling him of Dr. informs the
Bridges ' resignation and that Mr. Mercer's prolonged absence was Secretary
of State
causing him much perplexity. In acknowledging the receipt of Mr. Mercer's
his letter on the 7th October, Sir Edward Lytton asked Sir John prolonged
absence
Bowring to convey to Mr. Bridges " the acknowledgments of causes him
Her Majesty's Government for the very effective services which much per-
plexity.
he had rendered to the community of Hongkong, and the energy The Secretary
and judgment which he had displayed in discharging the duties of State's
of the temporary office which he had accepted at a period of no acknowledg
ment of Dr.
ordinary difficulty. " A very hollow form, it will be admitted , Bridges'
considering the circumstances of the resignation, -and that services.
No expres-
there was no indication of regret at such resignation on the sion of
regret at re-
trivial grounds advanced . signation.
On the 23rd July the Governor forwarded a copy of the Report of the
report of the Caldwell Commission to Mr. Anstey for his consi- Commission
forwarded to
deration and explanations . Being of opinion that none of the Mr. Anstey.
charges against Mr. Caldwell had been substantially proved and
considering his behaviour before the Commissioners and his utter
disregard of the respect due to the higher authorities of the
Colony, by which he had caused " much public scandal, " Sir Mr. Anstey
John Bowring warned Mr. Anstey that, unless his defence informed
less his un-
was satisfactory, he would consider the propriety of suspending defence is
satisfactory,
him from the exercise of his functions as Attorney-General. he willbe
That Mr. Anstey had brought this on by his own indiscretions , suspended.
there can be no mistake. The correspondence being of interest,
* Antè Chap. XXI ., p. 472.
He already enjoyed the right of private practice.
See his statement in the Executive Council on the suspension of Mr. Anstey on the
7th August, p. 514, infrà.
510 HISTORY OF THE LAWS, ETC. , OF HONGKONG .


Chap. XXIII. even at this date, is here reproduced . The following was the
1858. letter addressed to Mr. Anstey, by direction of the Governor : -

Colonial Secretary's Office, Victoria,
Hongkong, 23rd July, 1858.
Sir,

His Excellency the Governor directs me to inform you that the report
of the Commission into the charges made by you in the Legislative Council,
and subsequently in writing, against the Registrar- General, with the accom-
panying documents and evidence, have been submitted to and carefully con-
sidered by him. His Excellency finds that none of these charges have been
substantially proved ; that many of them are reported to have been brought
on insufficient grounds ; that, as regards four at least, there were no grounds
whatsoever for your accusations ; and he cannot but consider the decision of
the Commissioners as to the accused retaining his position as a Justice of the
Peace in any other light than as an exculpation of him. His Excellency
regrets to perceive, after the many warnings which you have received, that
you brought forward these charges with precipitancy, and endeavoured to
support them before the Commission with intemperance, and an appearance
of malignity and partiality ; and , moreover, that you were betrayed during the
proceedings into introducing much vituperative and defamatory matter, in
utter disregard of the respect due to the higher authorities of the Colony,
causing thereby much public scandal, without in any way furthering the
objects of the Commission or the promotion of the public good . The proper
discharge of the functions of Crown Prosecutor and Law Adviser of the Crown
necessitates the possession of qualities in which you have proved yourself to
be entirely deficient, by your inability in this matter to distinguish between
real guilt and the mere effusions of private malice or common report. His
Excellency desires you to furnish him in writing with such explanation or
defence of your conduct as you may deem advisable, ordering me at the same
time to inform you, that should such written statement not be satisfactory to
him, it will be his painful but imperative duty to submit to the Executive
Council the propriety of his suspending you from the further exercise of your
functions as Attorney-General.

A copy of the report of the Commission is herewith forwarded to you . -
I have, etc. ,
(Signed) W. T. BRIDGES,
Acting Colonial Secretary.
The Honourable the Attorney-General,
etc., etc., etc.

Mr. Anstey The temper discernible in this letter speaks for itself.
protests
against the
charges In reply, the next day, Mr. Anstey again protested against
against Mr.
'Caldwell the charges regarding Mr. Caldwell being called his charges
being called ( in the qualification of which, as has been seen , the Commission
charges
his ,
and asks for also were very cautious in their report ) and asked for a copy of the
a copy of the evidence taken before the Commissioners. Meanwhile the report of
evidence.
The report the Commissioners was being virulently attacked by a portion ofthe
of the local press, The Friend ofChina alleging that the principal charge
Commis-
sioners
attacked by * On this subject see also his Minute of Protest of Privilege. Chap. XXIV.
the Press. ubi suprà.
 MR . ANSTEY'S SUSPENSION CONSIDERED . 511


against Mr. Caldwell had broken down through a " contempti- Chap. XXIIL
ble , damnable trick on the part of the Government "--meaning 1858.
undoubtedly that certain papers found in the possession of Ma
Chow Wong, as well as a memorandum upon the subject drawn
up by Mr. May, which implicated Mr. Caldwell, had been
purposely destroyed in order to screen the latter. For this
statement the editor , Mr. Tarrant, as hereinafter recorded , was
charged with libel in November following.‡
On the 30th July Mr. Anstey forwarded to the Government answer.
Mr. Anstey's
what he considered a satisfactory answer to the charges brought