592
CHAPTER XXVII.
1859 .
Departure of Chief Justice Hulme on sick leave.- He anticipates a pension.- Mr. Green,
acting Chief Justice. - Mr. Kingsmill, acting Attorney-General. -The Chief Justice's re-
sidence and the sale of his furniture. -His departure regretted. -The most trying period
of his long service in Hongkong.-His position as a member of the Legislative Council and
as regards Sir John Bowring. - Return of Mr. Alexander, the Registrar from leave.
Ch. XXVII.
Departure of MR. HULME , the Chief Justice, who had been in very infirm
Chief
HulmeJustice
on health after many years service in the Colony, left for England
sick leave.
by the mail steamer Cadiz on the 24th April . His last return
to the Colony from leave in England was on the 2nd April ,
1855.* He had applied some time back to be relieved , but ,
receiving no reply, deemed it best to proceed to Europe at once,
having obtained eighteen months' leave of absence, on medical
He antici- certificate, although not intending to return and anticipating the
pates a
pension. grant of a pension which, however, by the terms of his appoint-
Mr. Green, ment, he was not entitled to . On the 23rd April, Mr.
Justice.Chief
acting Green, the acting Attorney- General, was accordingly gazetted
Mr. Kings. his interim successor, Mr. Kingsmill replacing Mr. Green . The
mill, acting Chief Justice, it may be remarked, lived at " Spring Gardens,”
Attorney-
General. and the sale of his furniture by " Lane, Crawford , and Co. , auc-
The Chief tioneers," took place after his departure on the 26th April .
Justice's
residence and Mr. Hulme's departure, as on previous occasions , was the sub-
the sale of ject of much regret , and a remarkable fact in connexion with his
his furniture. tenure of office for the last time and during perhaps the most
His depar-
ture trying period of his long service in Hongkong was, that he
regretted. had managed to keep aloof from all the discussions, dissen-
The most sions, and otherwise disgraceful scandal which had taken place
trying period and had lasted so long, preserving an attitude of utter indiffer-
of his long
service in ence and of non -interference in keeping with the whole of his
Hongkong. honourable career in the Colony . As a member of the Legis-
lative Council his position was often as irksome as it had been
an invidious one to him. That Sir John Bowring's adminis
6
tration had been wicked and corrupt,' as put by Mr. Anstey .
there were very few who would have run the gauntlet of
member derision in attempting to deny. It is clear from the records
Hisa position
as
of the Legis that the Chief Justice had openly disapproved of many of
lative
Governor Bowring's public acts , and it is therefore astonishing
* Antè Chap. XVI . § I., p. 359.
† Antè Chap. 1. , p. 43, note. - See also Chap. XXXI., infrà.
RETURN OF MR . ALEXANDER FROM LEAVE . 593
how he succeeded in avoiding all responsibility or connexion Ch. XXVII .
attached to them, considering his position in the Council, yet 1859.
although he saw the administration reviled and bombarded, it Council and
as
Sirregards
is also abundantly clear from the records that he often consi- John
dered he was in duty bound to the State to accord his support Bowring.
to the administration to which he was opposed.
The day after Mr. Hulme's departure, Mr. Alexander, the Return of
Registrar, returned to the Colony from leave of absence and Mr. der, Alexan-
the Re-
resumed the duties of his office. He had been absent from the gistrar, from
leave.
Colony ever since the 11th March , 1857 , * having received exten-
sions to his original leave.
* Antè Chap. XVIII., p. 429.
594
CHAPTER XXVIII .
1859 .
Office of Her Majesty's Plenipotentiary and Superintendent of Trade in China separated
from that of Governor of Hongkong. —The Honourable F. W. A. Bruce, Superintendent of
Trade. Mr. Hercules Robinson, Governor. - Mr. T. Wade, Chinese Secretary to the Legation
at Peking. - Arrival of Mr. Bruce .-- Superintendency of Trade removed to Shanghai.—
Chinese interpretation more defective. -Early supersession of Sir John Bowring.- His
departure.- Mr. Weatherhead takes leave.- Sir John Bowring's administration wicked
and corrupt.'- Cold shoulder from the European community on his departure.--The
Chinese present him with usual gifts.--The abuse heaped on him on his departure.—
Colonel Caine, acting Governor. —Mr. Green takes the Bench for the first time as
acting Chief Justice. - Dr. Bridges and law partnerships. His petition to the Legis
lative Council. - Ordinance No. 3 of 1859.- The appointment of Mr. Rennie, the
Auditor-General, as a member of the Legislative Council confirmed . - Conviction
and execution of Lo Chun Sun for piracy and murder. - Resignation of the Chief
Magistrate, Mr. Davies. — Mr. W. H. Mitchell, acting Chief Magistrate.- Mr. May, acting
Assistant Magistrate.— Mr. Jarman, acting Superintendent of Police.- Mr. Davies as a
supporter of Mr. Anstey. -The reason for Mr. Davies' resignation.- Mr. Anstey's letter to
the Secretary of State upon the subject. - Messrs. Cooper-Turner and Hazeland take over Mr.
II . J. Tarrant's business .-Departure of Messrs. Tarrant and Stace for England.- Depar
ture of Mr. Inglis, Harbour Master and Marine Magistrate. - Marine cases entertained by
the Police Court. -Meeting at Newcastle and petition to the Queen upon Hongkong
affairs.- Petition referred to the Secretary of State for the Colonies. -Additional Rules
and Regulations for the Vice- Admiralty Court. - Chinese Passes.-Privy Council appeal.
Lapraik and Another e. Burrows. -Act 8 and 9 Vict. c. 89. - Act 12 and 13 Vict. c. 29.—
Decision of Chief Justice Hulme reversed. -Act 22 and 23 Vict. c. 9. - Jurymen leaving
the Court without permission . Order of Court. -Government Notification. - Death of Mr.
Ch. XXVIII. John Smithers, Usher of the Supreme Court and Clerk and Sexton to St. John's Cathedral.
Office of Her
Majesty's RUMOURS of immediate and important changes in the adminis-
Plenipoten tration of affairs in Hongkong now assumed practical effect.
tiary and
Superin- The office of Her Majesty's Envoy Extraordinary and Minister
tendent of Plenipotentiary and Chief Superintendent of Trade in China
Trade in
China was separated from that of Governor of Hongkong, the former
separated being conferred upon the Honourable Frederick W. A. Bruce, C.B. ,
from that of
Governor of formerly Colonial Secretary of Hongkong, and who had left the
Hongkong. Colony in June, 1846, on appointment as Lieutenant-Governor
The Honour of Newfoundland, and the latter on Mr. Hercules Robinson,
able F. W.
A. Bruce, the Lieutenant- Governor of St. Christopher, in the West Indies.t
Superin-
tendent of At the same time Mr. Thomas Wade received the appointment
Trade. of Chinese Secretary to the British Legation at Peking.
Mr. Hercules
Robinson,
Governor. Mr. Bruce arrived on the 26th April in H. M. S. Magicienne.
Mr. T. Wade, His commission as Her Majesty's Envoy Extraordinary and
Chinese
Secretary See antè Chap. II., p. 47, and Chap. III. § III ., p. 97.
" Served for some time in the 87th Fusiliers ; on his retirement from the Army was
actively engaged during the Irish famine, 1846-9 , under the commissioners of public works
and poor law board in Ireland ; chief commissioner to inquire into the fairs and markets
of Ireland, 1852 ; President of Montserrat, 1854 ; Lieutenant-Governor of St. Christopher,
1854, with which he held the dormant commission of Governor-in-chief of the Leeward
Islands."
DEPARTURE OF SIR JOHN BOWRING . 595
Minister Plenipotentiary and Chief Superintendent of Trade to the
Legation
was published on the 30th April, and he landed officially on the at Peking.
2nd May. Arrival of
Mr. Bruce.
On his assuming charge of the Superintendency of Trade, the Superin-
head- quarters thereof were at once removed to Shanghai , which tendency
of Trade
had the effect of making the question of defective interpreta- removed
to Shanghai.
tion in the Colony more pressing than ever. Up to this, the Chinese
Colony could always fall back upon the Consular service for interpreta-
good interpretership, when that was absolutely necessary in defective.
tion more
special cases, and more particularly for the correction of publica-
tions in Chinese, but now that that resource was removed, the
question had increased to one of considerable difficulty. There
were at this time only three men in the service, excepting Mr.
Lobschied, the Inspector of Schools, who were acquainted with
the Canton dialect, and only one of these , Mr. Dick, the Inter-
preter to the Supreme Court, was at all acquainted with the
written language and that imperfectly. Neither Mr. Caldwell
nor Mr. Inglis, the Harbour Master, who had paid special atten-
tion to the study of Chinese, professed any knowledge of the
written language, and the latter, moreover, had special duties to
attend to.
After the discussions in both Houses of Parliament and the Early super-
session of
Secretary of State's despatch of the 17th March last upon the Sir Johnf
"unfortunate condition " of affairs in Hongkong and the early Bowring.
arrival of the new Plenipotentiary, which, judging by dates ,
implied nothing short of the practical recall and early superses-
sion of Sir John Bowring, and, moreover, showed that the matter His
had been under consideration for some time , and before the departure.
resolutions of both Houses of Parliament, there was nothing
left for Sir John Bowring to do but to take his immediate
departure from the Colony. He accordingly left on the 5th
May for England by the mail steamer Pekin, accompanied by
one of his daughters who had remained behind on Lady Bow-
ring's departure. By the same boat, Mr. Weatherhead, clerk of Mr. Weather-
head takes
the Supreme Court, also went on leave. Besides Mr. F. W. leave.
Mitchell, Mr. Weatherhead had also, during Mr. Alexander's
absence on leave, acted for a time as Deputy Registrar.
Of Sir John Bowring's administration , the less said the better. Sir John
administra
wicked and corrupt Bowring's
It was , in the legal sense of the term , a "
administration," feebleness and incapacity, to say the least , being tion wicked
by no means its worst features, as the past records have dis- and corrupt .'
closed , and which will ever reflect discredit on Hongkong. In
contrast to past Governors and other high officials of Hong-
596 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XXVIII. kong who, on their departure from the Colony, had always
1859. been loaded with testimonials, a thoroughly Oriental custom
Cold shoulder by the way and for which, as has before been noticed , the Colony
from the
European has been famous . * Sir John Bowring was allowed to take his
community
on his departure with a cold shoulder from the English community,
departure. though two deputations of Chinese waited on him and presented
The Chinese him with the usual gifts. He now returned to England full of
presented
him with years, though by no means of bodily infirmity, being close upon
usual gifts.
his seventieth year and after spending ten years in China . On
The abuse
heaped on his departure the local press heaped upon him abuse of a nature
him on his which would not bear repetition . It may be doubted whether
departure.
it would have been possible to have had a worse man at the
head of the local administration.†
* Antè Chap. XIX., P. 4tt.
Not many months after his return to England. Sir John Bowring re-married as the
following press notice shows : " Marriage. On the 8th November, 1860, at the Unitarian
Chapel, Bristol, by the Reverend B. Apsland, Sir John Bowring to Miss Deborah Castle,
daughter of Michael Hinton Castle." Many were the jocular remarks passed at the time
upon this interesting event. On his departure from the Colony, his youngest daughter,
Emily, joined the Italian Convent in Hongkong and assumed the name of Sister Aloysia
on taking vows as a Sister of Charity. She was well known and universally respectel,
dying at the Convent in Hongkong on the 20th August, 1870, at the age of thirty-seven.
Sir John Bowring died at Claremont, Exeter, on the 23rd November, 1872, at the age of
eighty.
After Sir John Bowring's death, Mr. Lewin Bowring, his son, published a very inter-
esting volume as a memorial of his father. It contained first of all a brief account of his
life, and then the autobiographical sketches : these were divided into Early Recollec
tions, Parliamentary Recollections, Countries visited,' and ' Sketches of various cele
brities. With regard to this matter, and considering the feebleness of his administration
and the scandal that will ever attach to it, it may not be inappropriate to reproduce at this
stage a further sketch taken from the records of the time, dealing with Sir John Bowring's
career*
.. and which appeared after his death. The concluding portion , setting out that
' Bowring's tenure of office in China did not bring him popularity " was perhaps all that
the writer probably deemed it advisable to say in reference to that portion of his career.
Sir John Bowring was born at Exeter in 1792 ; his father was a fuller, who prepared
woollen goods for foreign markets, and especially for that of China, the monopoly of
which was in the hands of the East India Company. The family were Unitarians in their
religious opinions and, like most Nonconformists in those days, Liberals in politics. On
leaving school, Johm entered a merchant's office, and, during the first four years of his em
ployment as a clerk, laid the foundations of his linguistic attainments. He learnt
French from a refugee priest, Italian from itinerant vendors of barometers and mathema-
tical instruments, while Spanish and Portuguese, German and Dutch, were acquired with
the aid of some mercantile friends. These six languages he spoke with fluency, but, his
son adds, -Having the quick ear and ready apprehension which constitute the linguist,
he soon found himself able to converse with facility in the native tongue of any country
which he visited . He had a fair acquaintance with Danish and Swedish, and acquired a
book knowledge of Russian, Servian, Polish, and Bohemian, which enabled him to tran
slate the productions of writers in those languages. He learnt a little Arabie during his
journey in the East ; and, when an old man, mastered a good deal of that difficult lan-
guage, Chinese , to which he devoted much attention.' Hood once addressed him as
follows :-
To Bowring ! man of many tongues,
(All over tongues, like rumour)
This tributary verse belongs
To paint his learned humour.
All kinds of gab he knows. I wis,
From Latin down to Scottish-
As fluent as a parrot is
But far more Polly-glottish.
No grammar too abstruse he meets,
See also ante Chap. x1., p. 227.
DR. BRIDGES ON LAW PARTNERSHIPS . 597
Three days before Sir John Bowring left, on the 2nd May , Ch. XXVIII.
Colonel Caine was invested with the provisional Government of 1859.
the Colony pending the arrival of Mr. Hercules Robinson, the Colonel
Caine,
new Governor. acting
Governor.
At a sitting of the Supreme Court in its Summary Jurisdic- Mr. Green
tion on the 7th May, the acting Chief Justice, Mr. Green , took takes
Benchthefor
the Bench for the first time. The cause list was unusually heavy, the first time
as acting
lawyers being retained on both sides in all the cases. Chief
Justice.
Dr. Bridges, feeling the hardship that section 3 of Ordinance Dr. Bridges
No. 12 of 1858 * relative to law partnerships, still inflicted partners
newships.
a hardship upon barristers in the Colony, notwithsta nding the
However dark and verby,
He gossips Greek about the streets,
And often Russ-in urbe.
Strange tongues -whatever you do them call !
In short the man is able
To tell you what's o'clock in all,
The dial- ects of Babel.
Take him on change - in Portuguese.
The Moorish and the Spanish,
Polish, Hungarian, Tyrolese,
The Swedish or the Danish !
Try him with these and fifty such,
His skill will ne'er diminish
Although you should begin in Dutch,
And end (like me) in Finnish.
In 1811 , Bowring proceeded to London as a clerk in the office of Milford and Co., and
in connexion with this house he travelled during the next year or so in Spain and Portu-
gal, and later on--still employed by the same firm -he visited Spain again, France, Bel-
gium, Holland, Russia, and Sweden. During his long absence he formed the acquain-
tance in Spain of many well-known Liberals ; in France he gained the friendship of
Abbé Gregoire, Laroche, Thierry, Cuvier, Humboldt, and other prominent politicians and
learned men ; whilst elsewhere he met many illustrious literary characters, with whom
during several years he maintained an active correspondence. ' . In 1822. a trip to Paris
ended disastrously for Bowring, being a man of great imprudence in speech, was thrown
into prison at Calais, where he remained six weeks, and on his release was prohibited from
again entering France --a prohibition which, of course, died away after the three glorious
days of July, 1830. He began his literary career in 1821 , by a pamphlet on slavery in
Spanish, and in the next fifteen years he published several volumes of translations from
Russian, Spanish, Polish, Magyar, etc.
In 1824, Jeremy Bentham conceived the idea of starting The Westminster Review, and
Bowring was joint editor with Mr. Henry Southern, the former taking charge of the poli
tical, and the latter of the literary department. Readers of J. S. Mill's Autobiography
will recollect that considerable dissatisfaction is there expressed with the way in which
Bowring performed his task ; and in the volume now under notice, there is nothing but
the most casual mention of J. S. Mill, and he figures in no way amongst the celebrities
whom Bowring describes. Although unsuccessful himself in commercial speculations,
Bowring appears to have had a good head for business, and his forwardness and rather
inquisitorial nature, added of course to his linguistic powers, suited him particularly for
duties which the Government, much to its credit, found for him to perform. He was de-
puted in 1828 to Holland to examine the method pursued by the financial department in
that country, and prepared a report, the first of a long series, on the public accounts of
various European States. These papers, his son says, are " models of perspicuity, showing
* The following was the section : " No barrister shall become or be in any wise in-
terested in the profits of the business of any other practitioner-in -law, directly or indirectly,
and whether under the name of law partner, or under any other name, or be or act as
agent for, or clerk to, any such practitioner : And no attorney having a law partner shall
be allowed to act as barrister in any matter where himself or his said partner is, or shall
be, retained or acting as attorney."
598 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XXVIII amalgamation of the two professions, petitioned the Legislative
1859. Council upon the subject. The petition was received through the
His petition Clerk of Councils on the 23rd April. The acting Governor,
to the
Legislative at a meeting of the Council on the 18th May, laid the petition,
Council,
of which the following is a copy, on the table :-
Το
His Excellency the Governor in Legislative Council.
The humble petition of William Thomas Bridges, Doctor of Civil Law,
Barrister-at-Law, and Practitioner-in- Law, in the Colony ofHongkong.
Sheweth :-
That your petitioner has been informed that Ordinance 12 of 1858 is under
consideration for its amendment at the present time before Your Excellency
in Council.
considerable power in grasping facts and in arranging them lucidly and intelligibly."
It was at this time that Bowring received his diploma of LL.D. from the University of
Groningen.
In 1831 he was associated with Sir H. Parnell in the duty of examining and reporting
on the public accounts of France, a task which he performed with a great ability ; and
shortly afterwards he was appointed a Commissioner with George Villiers (subsequently
Lord Clarendon) for discussing the commercial relations between England and France.
The negotiations, however, failed ; and it was not till the time of Napoleon III. that a
satisfactory treaty was effected. And he afterwards, with varying success, visited Bel-
gium, Switzerland , and Italy, being deputed to inquire into the financial and trading
prospects of these countries. In 1835 Dr. Bowring got into Parliament, was unseated in
1837, and finally sat for Bolton from 1841 to 1849. He was a staunch free-trader and a
fluent speaker, but though a well-known man-a man perhaps of more notoriety than 176
influence -he can scarcely be said to have been a success in the House. In 1848, the
iron-trade in which Bowring had embarked his money was so depressed, that he became
greatly embarrassed in his pecuniary affairs, and applied for, and obtained, through
Lord Palmerston's friendship, the appointment of Consul at Canton. In 1854 he succeeded
Sir George Bonham, with whom he could never agree, as Plenipotentiary ; and he served
in the East altogether more than nine years. It was on his return from China advanced
in years and much broken in health, that he embarked on the ill-fated Alma, the scene
of whose disaster is still pointed out to the voyager, on the Red Sea. The loss of an ad-
ventitious part of the Plenipotentiary's person on the shores of that desolate coast has
amused many of the spectators of the Overland Route at the Haymarket, without
causing much chagrin probably to the eminent knight himself. There was on board
the Alma a certain Mr. G., of the Telegraph Department, and a popular member of the Ori-
ental Club ; and it is understood that his observant eye (long since closed in early death)
marked out many little traits of character and points of incident of which Mr. Tom
Taylor was allowed to avail himself. Bowring's tenure of office in China did not bring
him popularity, but his Siam Treaty was a great success ; and his conduct in connexion
with the Arrow affair, though much canvassed at the time, seems capable of complete vin-
dication.....……………. The Pioneer (Paternoster Row) , 1877.
The following is taken from Chambers's Encyclopædia, Vol. 11. (1895), p. 374 : —
Bowring, Sir John, born in Exeter in 1792, on leaving school entered a merchant's
office, and there pursued that course of polyglot study whereby, as he afterwards boasted,
he knew two hundred, and could speak a hundred languages. The national poetry of dif-
ferent peoples had special attractions for him, and he rendered great service to litera-
ture by translating both the more ancient and the more modern popular poems of almost
all the countries of Europe. In 1821 he formed a close friendship with Jeremy Bentham,
and in 1824 became the first editor of his radical Westminster Beview, to which, as be
seemed the descendant of an old Puritan stock, he contributed many articles on freedom
in religion and politics, as well as on literary subjects. In 1828 he visited Holland ; and
his Sketch of the Language and Literature of Holland (1829) procured for him the degree
of Doctor of Laws from the University of Groningen. Subsequent travels were under-
taken by him, on a commission from the British Government, to inquire into the com-
mercial relations of certain States. He visited Switzerland, Italy, Egypt, Syria, and
finally the countries of the German Zollverein, and everywhere found materials for
valuable reports. He sat in Parliament for Kilmarnock from 1835 to 1837, for Bolton
from 1841 to 1849, and actively promoted the adoption of free trade. In 1849 he was
appointed British consul at Hongkong, and superintendent of trade in China. He re-
. DR. BRIDGES ON LAW PARTNERSHIPS . 599
That it appears to your petitioner, that a great hardship has been inflicted Ch. XXVIII .
upon your petitioner and other barristers-at-law, acting as local practitioners-
1859.
in-law, by the third section of such Ordinance.
That such hardship consists in this, that whereas all other distinctions be-
tween barristers and solicitors are done away with, one is yet preserved ,
which admits of any number of solicitors or attorneys in partnership together,
but denies the same right to such practitioners -in-law as are barristers in the
mother-country.
That an injury is thereby inflicted both on the practitioner, and on the
client, inasmuch as the barrister-practitioner is compelled, on absenting him-
self from the Colony for health or a visit to the mother-country, to break up
altogether a business connexion which it may have been the labour of years
to bring together, whereas the interests of the solicitor-practitioner can be
Er looked after by the remaining partner or partners ; and the interests of the
client are also similarly affected , as those who employ barristers as their legal
advisers must necessarily be compelled to transfer all their matters in hand
to strangers ; instead of continuing it in the same office under the superintend-
ence of the locum tenens or successor of their original counsel.
That your petitioner confidently submits that no valid reason whatsoever
can be adduced for making any distinction in this respect between either class
of legal practitioners in this Colony, and as undoubted advantages have already
resulted from the amalgamation of the two branches of the profession, it is
3 but fair and reasonable that all restrictions upon that amalgamation should be
done away with, unless valid and existing reasons can be shown to the contrary.
Your petitioner therefore humbly prays Your Excellency in Council to
repeal the whole or so much of the third section of Ordinance 12 of 1858 as
to Your Excellency and the Legislative Council shall seem meet.
And your petitioner, etc.,
(Signed) WILLIAM T. BRIDGES.
The same having been read, on the motion of the acting Chief
Justice, seconded by the Colonial Secretary, it was ordered " to
lie on the table. "
The Ordinance to amend Ordinances No. 3 and No. 12 of Ordinance
1858 was then read a second time, and the Council went into No. 1859.3of
Committee upon it. Sections 1 and 2 being agreed to, the acting
Governor moved , and it was carried, that the Ordinance do pass
and that the title be " An Ordinance to amend Ordinances
. Nos. 3 and 12 of 1858 , " the same being numbered No. 3 of
1859. Dr. Bridges' application met with no success. At this
meeting, the acting Governor also laid on the table a despatch
of the Secretary of State relative to the protest of the unofficial
turned in 1853, and in the following year was knighted and made Governor of Hongkong.
In 1856, an insult having been offered to a Chinese pirate bearing the British flag (the
' affair of the lorcha Arrow ' ) , Bowring, without consulting the Home Government, ordered
the bombardment of Canton, a proceeding which excited grave dissatisfaction at Home,
and nearly upset the Palmerston Ministry. In 1855 he concluded a commercial treaty
with Siam, in 1858 made a tour through the Philippine Islands ; and his accounts of those
two visits are about the most readable of his thirty-six works. He retired with a pension
in 1859, and died at Claremont, Exeter, 23rd November, 1872. See his Autobiographical
Reminiscences."
600 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Ch. XXVIII . members of the Legislative Council, made at the meeting held
1859. on the 4th December, 1858 , against the appointment of Mr.
The appoint- Rennie, the Auditor - General, to a seat in the Council, and con-
ment of Mr.
Rennie, the firming the nomination.
Auditor-
General, as
a member of At the Criminal Sessions held on the 25th May, Lo Chun
the Legisla
tive Council Sim was sentenced to death for piracy and murder, the execu
confirmed. tion taking place on the 1st June.
Conviction
and execu
tion of Lo The Colony had now to regret the loss of the Chief Magis-
Chun Sun
for piracy trate, Mr. Henry Tudor Davies, who, for reasons best known
and murder. to himself, having accepted office under the Chinese Government
Resignation as Commissioner of Foreign Revenue ( Customs ) resigned his
of the Chief
Magistrate, position in Hongkong on the 1st June, Mr W. H. Mitchell,
Mr. Davies. being appointed to succeed him temporarily,† Mr. May replac-
ing Mr. Mitchell as Assistant Magistrate, and Mr. Jarman
acting as Superintendent of Police in the place of Mr. May. In
Mr. Davies the Colony had lost a conscientious and painstaking
official as well as an able and careful Magistrate . His relations
Mr. Davies as with Mr. Anstey had always been of a friendly character, and
a supporter
of Mr. Mr. Davies ' independent spirit made him frequently, especially in
Anstey. the Legislative Council, an ardent supporter of Mr. Anstey.
The reason
for Mr. Indeed, the immediate cause of Mr. Davies ' resignation is said
Davies' to have been due to his disgust with the service in Hongkong.
resignation. Mr. Anstey, writing to the Secretary of State on the 17th May,
to the 1859 , stated that "in a very desponding letter he had just
Mr. Anstey's
letter
Secretary received from Mr. Davies, " the latter had informed him of his
of State
upon the reasons for resigning office, " and that," added Mr. Anstey,
subject. "my own fate, the iniquities of Hongkong, their prolonged
impunity, and my final departure from the island, have led to
his renouncing Her Majesty's Colonial Service, resigning all his
posts at Hongkong, and proceeding to the North of China,
Messrs.
Cooper- where he had accepted a temporary office under the Emperor of
Turner that country, connected with the Customs ; and where he would
and Haze.
land take be freed from the corruptions and annoyances, which he most
over Mr.
H. J. Tar- justly complained of at Hongkong. " §
rant's
business.
On the 8th June Messrs . Cooper- Turner and Hazeland adver-
Departure of
Messrs. Tar- tized that they had taken over the business of Mr. H. J. Tar-
rant and
Stace for rant, solicitor and notary public, who together with Mr. Stace
England. proceeded to England on the 5th July (the former for the
* See Chap. XXV. § I., p. 564.
† As regards Mr. Mitchell's further movements in the service, see Chap. XXXI., infrà
and Volume II., Chap. XXXVII.
See also antè, Chap. XXV. § II., p. 573.
§ Parliamentary Papers on Hongkong, 21st March, 1860, p. 408.
APPEAL CASE IN THE PRIVY COUNCIL. 601
purpose of getting called to the Bar in England. On the Ch. XXVIII,
22nd June, upon Mr. Inglis , the Harbour Master and Marine 1859.
Magistrate, proceeding on leave, Mr. Newman was appointed to Departure
of Mr. Inglis ,
replace him, " Marine Police cases as on similar previous occa Harbour
sions being entertained by the ordinary Police Courts of the Master and
Marine
Colony. " Magistrate.
During this month another meeting of the inhabitants of New- Meeting at
castle took place, relative to the affairs of Hongkong .
A petition Newcastle
and petition
was drawn up, signed by the Mayor and others, and forwarded to the
Queen upon
to the Queen . Hongkong
affairs .
On the 2nd July a reply was received from Her Majesty to Petition
referred
the effect that she had "commanded the said petition to be to the
referred for the consideration of the Secretary of State for the Secretary
of State
Colonies." for the
Colonies.
Additional Rules and Regulations for the several Courts of Additional
Rules and
Vice- Admiralty abroad, established by Her Majesty's Order-in- Regulations
Council , bearing date the 6th July, were published in the Colony for the
Vice-Ad-
on the 21st September. On the 19th July, it was notified that miralty
Court.
Chinese passes would, for the future, be required after 8 p.m., Chinese
instead of 9 p.m. , as recently. Passes.
The Privy Council, on the 19th July, delivered judgment Privy
Council
in the appeal case of Lapraik and Another, appellants , v . appeal.
Burrows, respondent. The appeal was from a sentence of the Lapraik and
Another .
Vice- Admiralty Court of Hongkong made in a cause of posses- Burrows.
sion, civil and maritime, promoted by the respondent, claiming
to be owner of the ship Australia, against the appellants , resi-
dent in the Colony, the registered owners, and at that time in Act 8 and 9
possession of the ship. The Vice - Admiralty Court decreed VictAct .12c. and
89.
possession to the respondent on the sole ground that the Act 13 Vict . c. 29 .
8 and 9 Vict. c . 89 for the registration of British ships , made Decision
applicable to foreign ships by Act 12 and 13 Vict . c. 29 , had of Chief
Justice
not been complied with . The Privy Council reversed the deci- Hulme
reversed.
sion of Chief Justice Hulme . *
The Act 22 and 23 Vict. c . 9, providing for the discharge of Act 22 and
23 Vict . c. 9.
the duties of the Chief Superintendent of Trade during vacancy
of office or absence, was passed on the 8th August .
Jurymen
Jurymen summoned and not actually sitting were in the habit leaving
of leaving the Court without permission, and inconvenience the Court
without
having been caused by that fact, by direction of the Court, the permission.
* See 13 Moore P.C.C. 132.
602 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XXVIII . following notice was published in The Government Gazette warn-
1859. ing the jurymen of the risk they ran in consequence : -
Order of
Court. " NOTICE .
Gentlemen summoned to attend at the Supreme Court as Jurors are hereby
notified , that they are not at liberty, without express leave of the Court (by
Proclamation or otherwise ) to consider their services dispensed with ; that
they can ascertain whether their presence is required or not by applying to
the Registrar of the said Court ; and that if they absent themselves without
leave, they do so at the risk of being fined for such absence.
By Order of the Court,
(Signed ) WM. HASTINGS ALEXANDER,
Registrar."
18th August, 1859 .
This notification by order of the then acting Chief Justice
Death of was ordered to be re- published on the 5th November.
Mr. John
Smithers,
Usher of the Mr. John Smithers, who had been Usher of the Supreme
Supreme
Court and Court as well as clerk and sexton to St. John's Cathedral, died
Sexton to St. on the 6th September. He was, according to the records , much
John's
Cathedral. and deservedly regretted .
603
CHAPTER XXIX .
1859 .
Mr. W. H. Adams appointed Attorney-General, rice Anstey. -His career. - Arrival of
the Governor, Sir Hercules Robinson, and of Mr. Adams. -Mr. Adams' appointment notified.
-Under orders from Secretary of State, he is appointed acting Chief Justice. - Mr.
Green resumes acting Attorney-Generalship. - Supreme Court re-opens at 10 a.m.-- Mr.
Adams' first appearance in Court.- Forgery of the signature of Mr. Adams, acting Chief
Justice.-Arrest of Wong Aloong.-Trial and conviction. -Mr. Adams afforded an early
opportunity of judging the native character. - Ordinance No. 4 of 1860. -The first case
destined to be tried by acting Chief Justice Adams.- Mr. Adams, besides the Governor,
intended to apply the new broom.'-Investigation into repeated accusations made by Mr.
W. Tarrant against Colonel Caine.-- Major Caine's attitude consequent on being in possession
of Mr. Campbell's opinion formed at the inquiry held by him in 1847.—Mr. Tarrant owed his
dismissal from Government to Mr. Campbell. — Mr. Campbell's report produced after being
suppressed for twelve years.- The inquiry by Mr. Campbell in 1847 , how constitutedl. -In-
vestigation by way of charge for libel against Mr. W. Tarrant by Colonel Caine. - On the eve
of his departure Colonel Caine takes up the glove so often thrown at him. -The affidavit of
Colonel Caine leading tothe proceedings for libel against Mr. Tarrant.-The trial. -The ver-
dict. -Defendant ordered to appear for judgment. -Affidavit of Mr. Tarrant in mitigation of
sentence. -The acting Chief Justice's remarks in passing sentence on Mr. Tarrant. Heavy
sentence. -Vindication of Colonel Caine's character. - Defendant had no counsel --An
impartial inquiry.- Colonel Caine's long silence. -Mr. Tarrant believed himself to have
been injured by Colonel Caine.-The conduct of the Government. -The community sup-
ported Mr. Tarrant. -Acting Chief Justice Adams and Mr. Green, acting Attorney-General,
sworn as members of the Legislative Council. -The press excluded from the meeting.-
The Governor's observations as to the constitution of the Council. - Mr. Mercer's notice
of motion on the state of the Hongkong press. -He withdraws his notice of motion. -
Heavy sentence passed on Mr. Tarrant believed to have desired effect. - Ordinance No. 16
of 1860 amending the law relating to newspapers. - Sir H. Robinson and Mr. Adams had
come out with instructions.- The heavy sentence on Mr. Tarrant ascribed to that idea as
well as the exclusion of the press from the Legislative Council. — The Governor's refusal
to ameliorate Mr. Tarrant's condition in Gaol.- The severe treatment meted out to Mr.
Tarrant in Gaol. - Spirit of revenge.- Public feeling that punishment in excess of
offence.- Mr. Tarrant is removed to the hospital ward. - On a visit of Mr. Mercer
and two other Justices of the Peace to the Gaol. Mr. Tarrant is ordered back to
his former cell.-The community decide to take steps.--The Government petitioned to
allow Mr. Tarrant to be confined in the debtor's side of the Gaol. - The petition. - The
Governor's refusal.-His admission that he had requested the visiting Justices to make
inquiry and report. -The minute of the visiting Justices. - The Justices' recommendation
as to Mr. Tarrant.- Agitation begun. - The abominable condition of the Gaol.- Meeting
of the Legislative Council.-The condemnation of the Gaol by Mr. Adams, the acting
Chief Justice. - The Governor's reply.- Meeting of the Justices of the Peace. Amendment
of regulations affecting misdemeanants.- Mr. Tarrant at liberty to receive and send out
letters. Sir H. Robinson taken to task. - The Colonial, Indian, and Home press on Mr.
Tarrant's sentence and treatment. -The Secretary of State approached .--The Duke of
'Newcastle suggests removal of Mr. Tarrant to the debtor's gaol or remission of sentence.
-The despatch.- Mr. Edwin James brings Mr. Tarrant's case before Parliament. — Mr. C.
Fortescue in reply.-A system of libel carried to a great height in Hongkong.'-After
undergoing six months' imprisonment Mr. Tarrant is released.--The fine of £50 paid by
subscription. On his release from the Criminal Gaol. Mr. Tarrant is immediately con-
fined in debtor's prison for costs due to Dr. Bridges. - Dr. Bridges, Shylock-like, thirsting
for his pound of flesh.'- Colonel Caine had engaged the whole bar against Mr. Tarrant-
Dr. Bridges' turn to ' go ' for Mr. Tarrant. -The writ against Mr. Tarrant's chattels , -Mr.
Tarrant lay months in prison under the attachment -- His endeavour to appeal to the
Privy Council.--His property seized and sold.--Appeal to the Queen against the enor
mous costs. Representations to Secretary of State as to renewed ill-treatment of Mr.
Tarrant.- The Duke of Newcastle's reply.--Vindictiveness of Colonel Caine and Dr.
Bridges.--Dr. Bridges' admission.--The public decide to stand by Mr. Tarrant. - A public
604 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
subscription raised on his behalf.-- Incarcerated for over four months for Dr. Bridges'
'little bill.'--Mr. Tarrant's treatment.-The end of the scandalous affair.-- A stigma upon
the administration of Sir H. Robinson.-- Mr. Tarrant and The Friend of China revived.
Mr. Tarrant's death.
Chap. XXIX .
1859. On the dismissal of Mr. Anstey by the Secretary of State,
Mr. W. H.
Adams ap- the Queen appointed Mr. William Henry Adams, who, along
pointed with Mr. Ingram , the proprietor of The Illustrated London News,
Attorney-
General, vice was member for Boston in the late Parliament, to be Attorney-
Anstey . General of Hongkong. He was also Recorder for Derby and
had voted with the Ministers in the division on the Government
His career.
Reform Bill . The following notice of his career is taken from
The Lincolnshire Times, under the heading of " a self-made
man :".
William Henry Adams, Esq ., of Boston, in this county, the new Attorney-
General for the Colony of Hongkong, has ascended the social scale to his
present position thus : -Compositor, reader, reporter, sub-editor, editor, and
newspaper proprietor, barrister, member of Parliament, and Colonial Attorney-
General. Here is an example under our own eyes of what a man with
moderate abilities, and a fair share of industry and energy, may accomplish
in this much-abused aristocratic England of ours.
Arrival of On the 7th September the Governor, Sir Hercules Robinson,
the Gov-
ernor, Sir (who had been knighted before leaving England ) arrived in
Hercules
Robinson , Hongkong by the P. & O. mail steamer Malabar, together with
and of Mr. Lady Robinson and infant, as also did the new Attorney - Gene-
Adams.
ral Mr. Adams, with his daughter Miss Adams. On the 9th
Mr. Adams' it was notified that the Governor bad assumed the duties of
appointment
notified. Government, his commissions being also published and bearing
date the 22nd and 23rd June respectively. On the 9th Sep-
tember also appeared a Government Notification to the effect
that having reported his arrival in the Colony, Mr. Adams
had been appointed Attorney-General by virtue of a warrant
under the Royal Sign Manual."
Under orders On the same date appeared another notification that, “ under
from Secre-
tary of State, orders from His Grace the Secretary of State for the Colonies,
he is ap-
Mr. Adams, Attorney - General, had been appointed acting Chief
pointed
acting Chief Justice until further notice, " and that Mr. Green had " resumed
Justice.
the office of acting Attorney- General held by him previously
Mr. Green to the departure of Chief Justice Hulme. " " Almost his very
resumes
acting first step on taking office was to order the Court to open at ten
Attorney-
a.m. , instead of at twelve, and sometimes one in the afternoon,
Generalship.
Supreme as had hitherto been the case, owing principally to the illness
Court re-opens
at 10 a.m. and by order of Chief Justice Hulme. Much interest was felt
in Mr. Adams's first appearance in Court on the 12th Septem-
ber when he took the Bench for the first time at ten punctually.
* Act 2 and 3 Wm. IV. c. 45.
† Antè Chap. XVI. § 11., p. 394.
COLONEL CAINE CHARGES MR . TARRANT WITH LIBEL . 605
The general consensus of opinion seems to have been one of Chap. -XXIX.
confidence in his firmness and ability. He was described as1859.
being " elderly." Mr. Adams'
first ap-
pearance
How far audacity will carry some people was never more exem in Court.
plified than when a Chinaman named Wong Aloong presented, on Forgery
the 29th September, a few days after the acting Chief Justice's signature of
arrival in the Colony, a forged cheque for $300 in the name of Mr. Adams,
Mr. Adams at the Oriental Bank. This attempt to victimize acting Chief
Justice.
His Lordship was, however, soon frustrated by the Chinaman be- Arrest of
ing taken into custody. Charged at the Criminal Sessions held Wong
Aloong.
on the 18th November with uttering the cheque knowing the Trial and
same to have been forged , Wong Aloong was found guilty and conviction.
sentenced to four years' imprisonment with hard labour. Mr.
Adams had thus been afforded an early opportunity of judging Mr.Adams
afforded
of the character of the criminal classes of the Colony. One an early
result of this case was that the defects in the law relating to opportunity
of judging
bankers' cheques which were discovered at the trial were not the native
character.
long after remedied by the passing on the 16th April , 1860 , of
Ordinance No. 4 of 1860 amending the law relating to cheques Ordinance
o
or drafts on bankers and to amend the law of false pretences. 1860.
Almost the first case destined to be tried by the acting Chief The first
Justice was one that had been the source of considerable scandal to
case
bedestined
tried
in the Colony for a number of years without any notice being, by acting
Chief Justice
however, taken of the matter, and little, probably, did Mr. Adams.
Adams think that as a Judge he would be instrumental, so
soon after his arrival, in applying the new broom ' which
Hongkong so much required , although undoubtedly, by his
appointment as acting Chief Justice under instructions from the Mr. Adams,
Secretary of State, the authorities had in view the early retire- besides the
Governor,
ment of Chief Justice Hulme and therefore intended that Mr. intended
Adams, besides the Governor, should also have a hand in quel toapply
' the new
ling the internal and disgraceful dissensions that had so long broom.
prevailed in Hongkong .
For the first time therefore since June, 1847 , was a full, public, Investigation
and important investigation now made into some of the float- into repeated
accusations
ing accusations of Hongkong, namely, those repeatedly made by made by Mr.
W. Tarrant
Mr. William Tarrant, the editor and proprietor of a local paper against
called The Friend of China, against Colonel Caine, since the Colonel Caine.
suspension and practical dismissal of the former as alluded to
at the period mentioned above, consequent upon charges made
by him relative to Colonel (then Major ) Caine's compradore.
Those charges led to the institution of a charge of conspiracy
against Mr. Tarrant, upon the advice of Mr. Campbell, then
acting Attorney-General, for defaming Major Caine's character,
but the charge, as will be remembered, was subsequently aban-
606 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap -XXIX . doned , * though it led , as before stated , to the subsequent dis-
missal of Mr. Tarrant from his position of Registrar of Deeds.
1859. A full account of this unfortunate affair had appeared in the
local papers at the time and a by-no-means favourable view was
taken of the mode of dealing with it by the Executive . The
following is an account of the matter as published in the early
days : -t
" Had the man (Major Caine's compradore) practised extortion in his own
name the crime would have been less heinous, but he used the name of his
master, thus bringing the character of public officers into disrepute among the
Chinese, or rather convincing them that an English official was no better
than a Chinese mandarin, it being notorious that the latter mainly depend
upon bribes for a subsistence. The following literal translations from the
books kept by the Clerk of the Central Market show that the compradore made
an improper use of his employer's name, and that in so doing he endangered
the character of the Colonial Secretary, not only among the Chinese but also
among Europeans, as the matter was bruited about long before Mr. Tarrant
had the courage to lay it before the head of his department : -
21st July, 1845. Paid Caine duty money,. .$ 100
27th 99 99 Caine, paid (him) duty money, .$500
29th 99 99 Caine's duty- Rupees 455 , $200
1st Aug. Paid Caine duty money, .$200
5th 99 Delivered Caine duty money , .$200
8th Paid Caine duty (English money) .$300
11th 99 99 Caine duty money, $ 100
At other dates there are entries for $ 100 and smaller sums . At the time
these transactions took place Major Caine held the office of Chief Magistrate,
and his compradore had sufficient influence to obtain his signature to a very
high scale of market prices which was regularly published in the local papers,
-the Magistrate, no doubt, believing that he was rendering the public a
service........
Mr. Tarrant was astounded at this revelation, and suspecting that Major
Caine's name had been male use of to cover gross frauds , he requested Wei-
A-foon (the partner of the lessee of the market ) to repeat his statement to
the head of the department, which he did in the same, or nearly the same,
terms. While this was taking place in the office of the Surveyor-General
the Treasury compradore came in threatening Mr. Tarrant with Major
Caine's displeasure ; and after the compradore left, the Major arrived him-
self, and had a long conversation with Mr. Cleverly. When a couple of days
had elapsed Mr. Tarrant inquired of Mr. Cleverly whether anything was to
be done in the matter ; he was told that Major Caine was very angry, be-
lieving his compradore to be innocent and the charges perfectly groundless.
Mr. Tarrant then wrote an official letter to Mr. Cleverly, being desirons that
an investigation should take place lest at a future period it should be said
that he had fabricated the story. A prudent, selfish man would have been
quiet ; a rogue would have felt no concern whether the charges were truc or
false; but as an honest man, Mr. Tarrant felt called upon to expose either a
gross fraud on the part of the compradore, or malignant falsehoods put forth
by Wei A-fcon.
Unfortunately Major Caine took a view which was not to have been ex-
pected in a person of his experience and matured judgment. The charges
* Antè Chap. VII., pp. 143, 150, and Chap. v111., p. 170, and subsequent references.
† See The Friend of China, 30th August, 1848 ; also a previous article id. , 24th
August, 1847.
ORIGIN OF MAJOR CAINE'S AND MR . TARRANT'S QUARREL . 607
brought against his compradore were specific and serious ; if guilty, he Chap. XXIX.
-
ought to have been punished ; if innocent, his accuser Wei A-foon should not
1859.
have been permitted to go scatheless. Had the compradore been put upon
his defence the truth would have been elicited ; and the verdict of a jury
would either have substantiated the charges , or vindicated his character.
This course was not pursued . Assuming that Mr. Tarrant charged him
with acting in collusion with his compradore for fraudulent purposes, Major
Caine prosecuted that gentleman criminally. Mr. Tarrant all along denied.
in an explicit manner that he wished to injure the reputation of Major Caine ;
on the contrary, he was doing him a good service by exposing the knavery
of a person in whom he placed confidence. Mr. Tarrant was summoned to
appear before the Chief Magistrate, and on the testimony of the two com-
pradores (the very men who ought to have been put on their defence ) he was
committed for conspiring to injure Major Caine's character and held to bail
to take his trial at the October sessions. Wei A-foon was examined as a wit-
ness for the prosecution before the Chief Magistrate, but his evidence was
favourable to Mr. Tarrant, and two being required
" to constitute a conspi-
racy, he also was committed as a conspirator."
Mr. Tarrant petitioned the Home Government and for three
years waited to know whether they would confirm what he deem-
ed a flagrant injustice . The Home Government did confirm hist
suspension, and then Mr. Tarrant became an editor . From that
time henceforth , labouring under the impression that he had
been maligned and unjustly treated , he never ceased bringing the
subject forward -for nearly twelve years did he keep the subject
of his treatment constantly before the public, now petitioning
the Governor, then the Chief Justice, upon the subject of his
grievances . Some of his articles were libels, but still Major or
Major Caine's
attitude
Colonel Caine, Colonial Secretary or Lieutenant - Governor , per-
consequent
mitted them to pass unnoticed , his silence throughout resting
on being in
possession of
upon the circumstance that he was in possession of Mr. Camp- Mr. Camp-
bell's opinion, formed upon the inquiry held by him in 1847 , formed
bell'sopinion
at
justifying the course of action adopted by the Government at the inquiry
the time against Mr. Tarrant consequent upon his report as to held by him
in 1847.
the alleged malpractices of Major Caine's compradore . As to
the malpractices themselves, it would appear that certain Chi-
nese in the employ or confidence of Major Caine, had pursued
with success an extensive system of extortion in his name.
His compradore was the principal actor in these operations.
It was not for a moment believed that Major Caine connived
at or was a participator in the nefarious practices , but the
Chinese being under the conviction that he was the principal in
the matter, it had the same effect as if he had really so been ,
the system pursued being represented as precisely coinciding
with the mandarin style of ' squeezing .' Be that as it may, and
This is a mistake. Afoon, or as he is called above Wei A-foon, was never committed
for trial. Mr. Tarrant was alone originally charged and committed, but " two being
required to constitute a conspiracy," Afoon was subsequently brought up on Habras
Corpus to take his trial along with Mr. Tarrant. See the author's note, antè Chap. XII.,
§ I., p. 288, note.
f See antè Chap. XI. , p. 239.
Antè Chap. VII., p . 143.
608 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap . XXIX . as a matter of fact, by whatever object actuated, it was through
1859. Mr. Campbell, of whom so much has already been recorded in
Mr. Tarrant
owed his this work, that Mr. Tarrant directly owed his dismissal from
dismissal Government employ, as the following report, * produced at the
from Gov-
ernment to trial of Mr. Tarrant, twelve years after, clearly shows : -
Mr. Camp- Report and opinion of The Honourable Charles Molloy Campbell,
bell.
Esquire, acting Attorney- General, on the charges brought by Mr.
No comments yet.
Private notes are available after approval.