Mr. Camp- William Tarrant against the Chinese servants of the Government of
bell's report
produced Hongkong, in his letter of the 3rd July, 1847.
after being The Honourable the acting Attorney-General, assisted by C. B. Hillier,
suppressed Esquire, Chief Magistrate of Police, and Daniel Richard Caldwell, Assist-
for twelve
years . ant Superintendent of Police and Chinese Interpreter, on the 6th and 7th
July, 1847, in obedience to Your Excellency's instructions, examined a great
many witnesses, both Chinese and English, nineteen in number, at very great
length. Their names are as follows :-Wei-afo, Lo -een-teen, Atai , Tsoo-aon,
William Tarrant, Charles St. George Cleverly, Surveyor-General, Cheang-
kum-chaong, Wei-acho, Wei-achuen, Wei-aman, Wei-awong, Mg- ho-hoey ,
Cheang-akum , Mg-cheu-kwang, Tam-ayee, Mg -mo-tuck, Wei-wing -kwoong,
Norcott D'Esterre Parker, and Tam-atsoy. On the 8th July, 1847, the
acting Attorney- General, assisted by Mr. Jozé M. Marques, Chinese Inter-
preter to the Supreme Court, read to Tsoo-aon the evidence of Tam-atsoy ,
and took down Tsoo-aon's deposition. Mr. Marques having on the 10th
July completed the translations of various documents which were produced
in evidence, and referred to in the several depositions, the acting Attorney-
General now hands in for Your Excellency's consideration his report and
opinion.
I am of opinion the charges made by Mr. W. Tarrant against the Chinese
servants of the Government, as contained in his letter of the 3rd July,
1847, are groundless and without foundation. After a careful investigation
of the voluminous depositions which were taken by myself, and taking proper
observation of the demeanour of the witnesses during their examination, and
carefully perusing the translations of the Chinese papers furnished by Mr.
Marques, and forming part of the evidence, I am of opinion that Mr. William
Tarrant had taken upon himself a task which it was not in his power to
accomplish. He has been led astray by false rumours and idle conversations,
without a shadow of probability. The written documents now before me,
taken together with the oral evidence, clearly prove this fact that the par-
" ties accused by Mr. William Tarrant of extortion have been in the habit,
" and some of them are still receiving returns in money from the Central
66
Market, but these documents , etc., also prove that these parties were and
66
are entitled to such moneys, as part proprietors of such market." There
are no laws or regulations in Hongkong which prohibit Chinese servants in
the employ of Government from acquiring shares of property in markets.
I am also of opinion that Mr. Tarrant's own evidence is of such a nature
as tends to show that he is not a fit and proper person to continue in Her
Majesty's service . He has by his own admission been in possession of the
rumours and had taken part in the conversations alluded to by him in his
letter, and upon which he bases his charges, for eight or nine months, and
although he has had frequent opportunities of communicating these rumours
and conservations, coupled with insinuations that the practices he complains
of were known and winked at by those whose duty it is to check them, to
the authorities, or even to the gentleman at the head of the department to
which Mr. Tarrant belongs, he, Mr. Tarrant, concealed, and did not com-
municate the same until the time he made his charges against the Chinese
* Taken rerbatim et literatim.
COLONEL CAINE'S LATE DETERMINATION . 609
servants of Government. His letter preferring these charges, and addressed Chap. XXIX .
to Charles St. George Cleverly, Esquire, Surveyor-General, is dated 3rd
1859.
July, 1847. Mr. Tarrant's long silence upon a subject of such grave import-
ance for a period of eight or nine months, and his preferring these charges
after such a lapse of time, throw a suspicious character over the whole of his
conduct, and clearly show that he is influenced by other feelings than those of
zeal for the public service. Viewing the whole of these transactions as a
lawyer, if the charges preferred had been proved, I would equally have given
it as my opinion that Mr. Tarrant was equally guilty as the worst of the
extortioners, merely on account of his knowledge and concealment of the
facts. Supposing that he believed them himself, he would have done right
had he communicated these idle rumours, conversations, and insinuations, to
the authorities, immediately after he heard them.
CHARLES MOLLOY CAMPBELL,
Acting Attorney- General.
Victoria, Hongkong, 12th July, 1847.
A remarkable, though perhaps unfortunate , fact in connexion The inquiry
with the constitution of the inquiry presided over by Mr. by Mr.
Campbell
Campbell, and which no historian could pass over without in 1847 , how
notice, was, that Mr. Campbell was a personal friend of Major constituted.
Caine and, it is believed , owed his position to him, and that both
Mr. Hillier and Mr. Caldwell were particular protégés of his.*
In alluding to Mr. Hillier in the charge of libel now under con-
sideration , Colonel Caine said, in reference to Mr. Hillier, -
" Mr. Hillier was almost like a child of my own, * and it was a
well-known fact that Mr. Caldwell was originally taken into
the service and owed his position and exceptional treatment
therein to that functionary also.t
As will be seen, the result of the present investigation, Investigation
instituted by Colonel Caine by way of a charge for libel by way of
charge
against Mr. Tarrant, originated through a most scurrilous article for libel
against Mr.
in The Overland Friend of China of the 24th August , 1859 , W. Tarrant
animadverting upon a speechof Mr. Anstey at Newcastle, by Colonel
Caine.
most of the accusations of the libel having previously been
6
published by Mr. Anstey in a pamphlet entitled Crime and
Government at Hongkong. Mr. Anstey believing Mr. Tarrant's
version of the dispute with Colonel Caine took up the matter on
arriving in England, but he only mentioned it as an additional
illustration of the abuses of the Hongkong Government , never
adverting to it as appertaining to his own case.
On the eve
On the very eve of his departure from the Colony, this long of his
departure
'libelled ' functionary, Colonel Caine, at last took up the glove so Colonel
often thrown at him , and determined to clear his character of the Caine
up the takes
scandal which had so long attached to his name and which, it is glove
so often
recorded, had caused it to be execrated among the Chinese trading thrown
at him .
See Chap. III. § II., p. 82 note, and Chap. VII. , p. 147, note.
See also Mr. Caldwell's pamphlet refuting charges against him by Mr. Anstey. p. 9.
610 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIX, community and others by his allowing the persistently- repeated
1859. rumours to gain credence. The case came on for hearing on
Saturday, the 17th September, 1859 , and , as stated , the proceed-
ings arose out of the article previously mentioned .
The affidavit
of Colonel The matter being of so much importance and being so inti-
Caine mately bound up with the affairs of the Colony up to this period ,
leading
to the quite apart from Colonel Caine who had, in a way, grown up
proceedings with the island at this date, that it is deemed necessary to
for libel
reproduce in full the affidavit of Colonel Caine which led to the
against Mr.
Tarrant. proceedings under consideration , and which is as follows :-
IN THE SUPREME COURT OF HONGKONG.
Crown Side.
I, William Caine, Brevet Lieutenant-Colonel in the Army, make oath and
say :-
1. That I am Lieutenant-Governor of the Colony of Hongkong, and am
at present administering the Government thereof, and that I have success-
ively held the offices here of Chief Magistrate, Colonial Secretary, and
Lieutenant-Governor.
2. That I have perused the hereunto annexed impression of a certain news-
paper entitled The Overland Friend of China, numbered 16 , and bearing
date the twenty-fourth day of August, 1859, and purporting to be printed
and published by Luiz d'Azevedo for William Tarrant, editor and proprietor
thereof.
3. That in such impression, and in the third and fourth columns of the
first page thereof, occur the following remarks, viz.:-
" Notwithstanding the non-arrival of Sir Hercules Robinson, it is under-
stood that Lieutenant-Colonel Caine, who , since Sir John Bowring left, has
filled the post of Governor here, proceeds to England by the outgoing
mail. This is the party referred to by Chisholm Anstey in his speech at
Newcastle (extracts from which will be found on our third page) as ' the
veteran ' from India, whom he had heard declare many a time and oft, found
it easy for officers to add £ 500 per annum to their pay by receiving presents
from natives, and who, Mr. Austey went on to say, had shown by his prae-
tice in Hongkong that he had not profited badly by the lessons so learned
when in India.
" This is extraordinary language to use of a public man, and must necessi-
tate a stringent enquiry. Should that enquiry be properly gone about, the
result cannot be doubtful. Mr. Anstey, it will be seen, bases his charges on
what appears in the book before him, and in the papers to be moved for by
Mr. Edwin James ; but, unless Mr. Anstey is requested by Government to
give his aid to the unravelling of what that book and those papers unfold,
we entertain grave fears for the success to truth of what may be done under
the auspices of Downing Street.
[ Downing Street ! Faugh ! The very name of Downing Street, to victi-
mized Colonists, stinks in our nostrils. If there is one germ of revolution
and danger to the State, which of all others should be first eradicated, that
germ lies in Downing Street. Downing Street, the callous-hearted, blind-
eyed, deaf-cared monster-the pulse which of all others throbs untrue to the
great heart of England. ]
THE AFFIDAVIT OF COLONEL CAINE. 611
" There can be no difficulty, we should think, of substantiating against Chap. XXIX.
Colonel Caine a charge of malversation of office. The proof of this charge
1859.
lies in the inferences to be drawn from his deportment as exhibited by the
papers in question . Colonel Caine's name has been used to obtain money
from the Chinese in all sorts of ways. According to Chinese report he wanted
a dollar a head from each resident in Chinese brothels ; he wanted fees for
keeping99 gambling-tables ; he wanted what was termed hiang gun, “ duty
money, for licences to sell in markets ; he wanted presents for his influence
in Council ; he wanted a full supply of everything for his table from the
market-holders ; on building contracts, he wanted a huge percentage ; on
grants of leases, he wanted sums of various amounts, from one hundred to
five hundred pounds. Even on offices held by Europeans under the Govern
ment he required his thirds, and one of our contemporarios went so far as to
state that in the case of a Mr. Holdforth, who for some time filled the office
of Sheriff, if Mr. Holdforth were to be believed , he got them ! All these
things, we say, the Chinese report, and they believe them to be true. Still
it is just possible that all these reports are untrue ; and certain it is that an
enquiry into the brothel dollar extortion failed in eliciting any support to the
allegations previously made by Chinese to respectable Europeans. * Gambling
tables again are kept by Chinese even under the eyes of the Police, but
there is no proof of fees going into Colonel Caine's pocket for the privilege.
Even in the case reported on page 2 of this paper the Chinese insinuated that
they believed the money extorted went to Europeaus, but would mention no
names .
"As regards the bonuses for leases -supplies for table -percentage on
building contracts- fees for influence in Council, etc., all rest on surmise , or
the assertions of Chinese whom the Government will not believe. Chowh
Aoan, formerly the Treasury compradore, and still a licensed farmer of more
than one monopoly under Government, is the only one that ever told us he
was directed by Colonel Caine to demand money from Chinese for benefits
to be accorded. When taxed with this before the Executive Council, he
denied it, of course ; nor were the assertions of two of his victims as well as
our own, considered to weigh so heavily as his asseveration weighed .
"This is the same man Chowh Aoan, of whom it was proved in the
Caldwell enquiry that he paid $ 550 to Mr. Caldwell's sister-in-law for the
amelioration of his partner's punishment- $50 going to the woman-$500
to some one else -the sentence being reduced from fifteen years' transportation
to two years' imprisonment.†
" All this we repeat, is only report, and Colonel Caine must be one of two
things, either the cleverest rascal that ever lived -a felon for whom trans-
portation would be too light a punishment, or he is a much maligned man,
and deserving of the sinccrest pity.
" This, then, being his actual position, the question naturally arising in the
mind of any impartial person is this-What has Colonel Caine himself done
to obtain relief from such odious imputations ? And the answer is his con-
demnation. The answer is this, and the papers to which Mr. Anstey refers
proved it : That when he had a good opportunity to confront his house com-
pradore, the alleged recipient of much extorted money, with the parties who
charged him, he did not simply allow, but, as appearances go, actually con-
nived at his getting out of the reach of justice. He did worse than this.
Upon not a shadow of basis he charged the Englishman- the oldest subor-
* This, no doubt, is in reference to the charges brought by Mr. Shortrede against
Major Caine, in 1845 , although he was never charged with " conspiracy or libel - see ante
Chap. III. § II., p. 80.
This matter will be found referred to, ante Chap. XXIII ., p. 508 , -the amount paid,
however, being $450 and not $550 as stated above.
4 See ante Chap. VII., pp. 144, 150,
612 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIX. dinate officer of Government- who brought the matter to his notice, with the
1859 . crime of conspiring to injure his-his -Colonel Caine's fame and reputation.*
In doing this he effectually burked all attempt to elicit the truth ; and ini-
tiated such a reign of terror among English officials , from the highest to the
lowest, that not one of them (excepting Mr. Anstey) dares to open his mouth,
though extortion might go on in Colonel Caine's name under his very eyes.
"Why to this hour, Chinese reports, coupled with contemptuous laughter,
go that he pays his old compradore a pension for some purpose or other—
this compradore being the man on whose receivings those entries were made
in the Central Market books of " Paid Caine duty money "-" Paid Caine
himself," etc.,- monies to the extent of £500 within one month, all of which
was clear extortion.
“ Such, then, are our grounds for saying that there can be little difficulty
in substantiating a charge against Colonel Caine of malversation of office.
The reports to which we have referred may, as Colonel Caine would have
his friend believe, be all reports and nothing else ; but though the scandal be
but scandal, the extraordinary course which Colonel Caine has taken to rebut
it is so mysterious and reprehensible, that, for it alone , he deserves punish-
ment as a malfeasant. This conduct may be likened to that of the governor
of a castle who, whilst he stoutly maintains the gate, permits the enemy to
enter by another and a prepared way. It was ever his bounden duty to
keep the character of this Government in the eyes of the Chinese pure and
undefiled , and of all things to keep his own hands clean. The hands may
be clean, but what has become of the character ? What is the character of
the Hongkong Government as represented on the name of Colonel Caine ?
" If Colonel Caine is guilty of but a little of what is laid at his door, then
we say that Mr. Caldwell, of whom our Newcastle friends are making so
much noise, is an angel of light when placed in comparison ; and, guilty or
not guilty, it is all the same, for we say it, without the slightest fear of
contradiction, that neither Mr. Caldwell, Dr. Bridges, nor Ma Chow Wong
would ever have dared to act as they did had they not had before their eyes
the spectacle of Downing Street's determination to ignore all complaint, not
simply to ignore complaint, but to visit with pecuniary loss and contumely,
present and prospective, all who dare to intrude complaint on their notice.
“ Oh, for a more than Herculean power to crush that monster, Downing
Street that rival of the worst days of the Spanish Inquisition , or the Ger-
man Vehm !"
4. That by the words Lieutenant-Colonel Caine, Colonel Caine, and Caine,
in such article appearing, I only, and no other person, can be meant.
5. That I never at any time informed Mr. Chisholm Anstey that I had
found it easy for officers in India to add £500 per annum to their pay by
receiving presents from the natives, nor have I at any time said anything to
the said Mr. Chisholm Anstey, or to any one else from which such asser-
tion could be fabricated .
6. That I never at any time wanted a dollar a head from each resident in
Chinese brothels -that I never at any time wanted fees for keeping gambling-
tables -that I never at any time wanted what was termed hiang gun, duty
money, for licences to sell in markets-that I never at any time wauted pre-
sents for my influence in Council - that I never at any time wanted a full
supply of everything for my table from the market-holders, except upon the
usual terms of paying for what I had like other people -that I never wanted
a huge, or any percentage whatsoever on building contracts - that I never, ou
* This, of course, refers to the case originally brought against Mr. Tarrant.
MR. TARRANT CONVICTED OF LIBELLING COLONEL CAINE . 613
the grants of leases, wanted any sum or sums of money, and much less sums Chap. XXIX .
of various amounts from one hundred to five hundred pounds sterling--that 1859.
I never required my thirds, or any proportion or fee whatsoever, on offices
held by Europeans under Government, nor ever did receive any such propor-
tion of either salaries or fees of office of any Colonial servants - that I did
not, in any way, allow or connive at my house compradore getting out of the
reach of justice - that I do not pay my old compradore a pension , and that
I never have been guilty of malversation of office .
7. That the statements in the said Overland Friend of China newspaper,
to the effect that there can be no difficulty of substantiating against me a
charge of malversation of office, insinuating that I corruptly wanted a dollar a
head from each resident in Chinese brothels in this Colony - that I corruptly
wanted fees for the keeping of gambling tables in"" this Colony -that I cor-
ruptly wanted what was termed the " hiang gun duty money for licences,
for persons to sell in market in this Colony-that I corruptly wanted presents
for the improper exercise of my influence as a member of either the Execu-
tive or the Legislative Councils in this Colony -that I corruptly wanted a
full supply of everything for my table from the market-holders of this Colony
(without the usual payment therefor) --that I corruptly wanted a huge per-
centage on building contracts- that I corruptly wanted, on the grant of
leases, sums of various amounts from one hundred to five hundred pounds
sterling, and charging that on offices held by European servants in this Co-
lony, I corruptly required or received a third of their salaries, and that when
I had a good opportunity to confront my house compradore, the alleged reci-
pient of much extorted money with the parties who charged him , I not only
allowed but actually connived at the said house compradore's getting out of
the reach of justice ; and that I deserve punishment as a malfeasant, are
false, malicious, and defamatory libels, and wholly untrue.
Sworn at the Supreme Court House, Victoria, this twenty-fifth day of
August, A.D. 1859.
W. CAINE.
W. H. ALEXANDER,
A Commissioner, etc.
At ten o'clock the acting Chief Justice, Mr. Adams , took his The trial.
seat. Dr. Bridges and Mr. Pollard appeared for Colonel Caine ,
while Mr. Tarrant appeared in his own defence, assisted by Mr.
Hazeland, solicitor. Dr. Bridges , as the reader will remember,
was an intimate friend of Colonel Caine's, and as he too had
good reason to remember Mr. Tarrant for past attacks, as may
be imagined , he left no stone unturned which he thought he
could turn to advantage. The defendant pleaded justification.
The case lasted three days, and on Tuesday afternoon, the 20th The verdict.
September, the jury returned the following verdict : -
" We unanimously find the defendant guilty of the libel charged against
him . And we find also that he has totally failed to connect Lieutenant-
Colonel Caine, in even the remotest degree, with the various corrupt practices
falsely alleged against him therein. " Defendant
ordered to
The defendant was then ordered to appear for judgment next appear for
judgment.
morning at ten o'clock and ordered meanwhile to enter into Affidavit of
recognizances . The next day, Wednesday, the 21st September, Mr. Tarrant
in mitigation
the Court met at ten a.m. , precisely, when Mr. Tarrant handed of sentence.
614 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. - XXIX. in an affidavit for mitigation of punishment, and , after hearing
1859. both Dr. Bridges and Mr. Pollard in reference to some of the
The acting statements in the affidavit, the acting Chief Justice then passed
Chief
Justice's sentence, referring to the various facts of the case as follows :-
remarks in
passing He told the defendant that the affidavit he had handed in, after being
sentence on
Mr. Tarrant, found guilty by a jury of his countrymen (who not only found him guilty,
but found also that he had failed to establish his charges), aggravated his
Heavy
sentence. case, instead of mitigating it. His Lordship then exposed the fallacy of say-
ing that the charges were published for the public good, -and defendant's
saying that it was to induce the Home Government to inquire into them,
because he not only libelled Colonel Caine, but also the Home Government.
His Lordship then remarked , that the libel seemed to be the result of private
feeling ; that he (defendant ) thought himself an injured man, and that he
had all along attacked Colonel Caine as the supposed agent ; and that there
was a strong auimus evident from the whole wording of the article. The
acting Chief Justice then remarked, that the characters of public men were
public property, and that charges made against public men were charges
made against society, and that, therefore, their characters required to be
protected. The defendant had acted thoughtlessly ; he had collected all
the rumours floating about, and published them, without carefully considering
whether they were true or not. He had also acted negligently. A poor man
might steal from necessity, but defendant had tried to rob Colonel Caine of
his good character, at a time when he was going to return to his country
amongst his early friends and relatives, and after he had served his country
for forty-six years. Justice therefore required that the sentence be severe ;
and as he always attended with great respect to the recommendation of a
jury, he was bound to take into his consideration the special finding which
the jury had appended to the verdict, and which would, if possible, induce
him to be more severe ; and the sentence of the Court was, that defendant be
imprisoned in the Common Gaol of this Colony for a period of twelve months,
and pay a fine of £ 50, or be imprisoned for a further period in default.
Vindication
of Colonel The result, as might have been expected, after such a lapse of
Caine's time especially, was a Complete vindication of Colonel Caine's
character.
character, the jury having, moreover, been mainly guided by Mr.
Campbell's finding which was, as is seen , highly favourable to
Defendant Colonel Caine. Throughout the trial , the records show that
had no
counsel. the Court treated the defendant with great leniency, he
not being represented by counsel. In one sense , however,
the circumstances were favourable to an impartial inquiry.
An impartial There was a Judge just out from England who could not be
inquiry.
supposed to have had any prejudice one way or the other :
the jury were mostly merchants of high character and stand-
ing ; there was a mixture amongst them of old and new
residents, and none of them were intimate with Colonel Caine ;
the defendant was allowed every latitude, the matter was
fully gone into, and the result was that the jury felt com
pelled to do even more than find Mr. Tarrant guilty of
libel and brought in a special verdict. No attempt was made
Colonel
Caine's long to substantiate the greater part of the charges brought
silence. against Colonel Caine, and where the attempt was made,
CRITICISMS UPON THE TREATMENT OF MR. TARRANT. 615
it entirely failed . It also appeared that three successive Chap. XXIX,
-
Governors and three Secretaries of State had had their at- 1859.
tention directed to the charges against the Colonel, and had
concluded there was no ground for them, though it seemed a
pity for his own sake that Colonel Caine did not long before,
either by instituting proceedings against Mr. Tarrant or other-
wise, seek to requite the charges instead of allowing them to be
repeated from year to year until the time when the public had
got tired of them and had begun to believe in the truth of them ,
and thus allowed Mr. Tarrant to continue his attacks . The
matter was now, however, thoroughly closed up.
The acting Chief Justice, in a lucid and admirable charge to Mr. Tarrant
the jury, made an observation which showed how thoroughly believed himself to
he had penetrated the true state of the case. It was to the effect have been
Colonel by
that Mr. Tarrant believed himself to have been injured by Colo- injured
nel Caine and thought that any weapons of warfare were allow- Caine.
able against him. Mr. Tarrant was wrong ; but the conduct of
a man labouring under a fancied grievance is not to be harshly
judged when the conduct of those about him , who ought to
enlighten and check him, is such as to sustain the delusion and
to urge him on the course of warfare which he adopted.
In attempting to crush Mr. Tarrant by an absurd prosecution The conduct
for conspiracy ; in getting rid of him by the transparent device of the
Government.
of abolishing his office while its duties still remained to be per-
formed ; in being afraid , to point out the true grounds of his
removal ; and in concealing from public knowledge the investi-
gation which was held at the time into the charges of corruption ,
Government took a course calculated to confirm Mr. Tarrant in
his delusion , to raise suspicion as to the character of the inves-
tigation made, and to give scope for suspicion regarding Colonel
Caine . Again, in backing up Mr. Tarrant with monetary aid The com-
munity
as a public journalist ; in its readiness to entertain slanders , supported
and especially against public men ; in its encouragement of Mr. Tarrant.
violent language and unfounded accusations ; and in refusing to
place confidence in the servants of the Crown and the working
of the public service, the local community, or at least a very
large portion of it, supported Mr. Tarrant in the idea that his
own interests as well as those of justice required him to haminer
away at Colonel Caine with all the rumours or imaginings that
he could pick up. *
Acting
Chief Justice
On the 21st September the acting Chief Justice, Mr. Adams, Adams and
A perusal of Mr. Anstey's pamphlet on Crime and Government at Hongkong (pp.
40-47) shows bow thoroughly he committed himself to Mr. Tarrant's charges against
Colonel Caine, and there can be no doubt that, emboldened by both Mr. Anstey's pamphlet
and speech at Newcastle, Mr. Tarrant brought the present castigation upon himself.
616 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. --
XXIX . and the acting Attorney- General, Mr. Green , having been gazet.
1859. ted to seats on the Legislative Council, were sworn in accord-
Mr. Green, ingly. At this meeting, at which the press were excluded , the
acting
Attorney- Governor made some observations as to the constitution of the
General, Legislative Council, expressing his opinion that for the future
sworn as
members the official members should never bear to the unofficial members
of the
a greater proportion than two to one.
Legislative
Council.
The press The Colonial Secretary, Mr. Mercer, stated that he was
excluded desirous of giving notice of motion on the subject of the press
from the
meeting. of the Colony, and intimated that, with the sanction of the
The Gov. Governor, he would at the next meeting of the Council submit
vernor's
observations a resolution , upon the form of which he would decide when
as to the he handed his written notice to the Clerk of Councils , but
constitution
of the he wished only to state then that his object was to give either
Council. the Council collectively or the members individually an oppor-
Mr. Mercer's
notice of tunity of expressing an opinion on the present state of the
motion on Hongkong press ; but at the adjourned meeting held on
the state the 9th November, he withdrew his notice of motion observ-
of the
Hongkong ing that " under existing circumstances there was not the
press. same necessity as before " (sic) for the motion - doubtless
He with-
draws his conveying the idea that it was thought that the heavy sen-
notice of tence passed upon Mr. Tarrant would have the desired effect.
motion.
Continuing, Mr. Mercer said that " his intention had been sole-
Heavy
sentence ly to provide some substantial security for the public against
passed on the scurrilous attacks of a portion of the press, and the means
Mr. Tarrant
believed to which he had designed to propose for the purpose were such
have desired as no respectable editor would object to. The matter then
effect.
Ordinance dropped, but it was not lost sight of, for on the 20th Novem-
No. 16 of ber, 1860, was passed the Ordinance No. 16 of that year " to
1860,
ing theamend
law amend the law relating to Newspapers in Hongkong .'
relating to
newspapers . The idea prevalent in Hongkong was that both Sir Hercules
Robinson and Mr. Adams had come out with instructions to
put down that disagreeable spirit which had pervaded some
members ofthe community, and the undoubtedly severe sentence
Sir H. Robin- passed upon Mr. Tarrant was ascribed to that idea, supported
son and Mr.
Adams had by the fact of the press being excluded from the sittings of
come out
with instruc- the Legislative Council , and the Governor declining to amelio-
tions. rate the condition of Mr. Tarrant in Gaol, as hereinafter related,
which tended to attach the stigma of cruelty to it . At all
events Sir Hercules Robinson had, as a matter of fact , been
directed at the time of his departure for the Colony to make an
inquiry into the various charges raised by Mr. Anstey, but
cautioned however, against stirring up again " all that mass11 of
mud which appeared to have encumbered society in Hongkong."
See Debate in the House of Lords upon the case of Tam Achoy, Capt. Baker and
others, June 28th, 1860, infrà, Chap. XXX1 .
MR. TARRANT IN THE PRISON HOSPITAL. 617
But men are but human, and justice ought to be tempered Chap. XXIX.
with mercy, and it was to be remembered that the charges which 1839.
Mr. Tarrant had brought against Colonel Caine had been reite-
rated openly over and over again during a period of twelve years ,
and not in a slanderous , behind-the-back manner, and that Mr.
Tarrant probably deserved credit for his consistency, although
he was wrong.
Notwithstanding these facts, however, immediately after the The severe
sentence passed upon him, Mr. Tarrant was taken to the Gaol treatment
meted out
and placed in an ill- ventilated cell " eighteen and three quarters to Mr. Tar-
feet broad by nine and a quarter feet wide, and twelve feet rant in Gaol.
high," along with four other persons (felons and refractory sea-
men ) with whom he was locked up twelve hours out of the
twenty-four and limited strictly to Gaol rations, and subjected
otherwise to severe treatment. No indulgence whatever was
shown him, a treatment far different to that meted out to Mr.
Murrow by Sir John Bowring after his conviction for libelling
him. It is , of course, hardly necessary to add that on his
incarceration Mr. Tarrant's paper, The Friend of China , ceased
to appear and his property, whatever it was worth, was ruined .
Colonel Caine, notwithstanding his conduct in the past in spirit of
not prosecuting Mr. Tarrant, it was justly considered , ought to revenge.
have been satisfied after having had a verdict recorded in his
favour, without the Government now treating the delinquent
with a severity that almost justified the statement that a spirit
of " revenge was being perpetrated upon Mr. Tarrant, to the Public
feeling that
extent that public feeling, little concerned at first so far as the punishment
in excess of
individual himself went, now experienced a re- action that the offence.
punishment was in excess of the offence.
Naturally his state of mind and " the felon's fare " began to is
Mr. Tarrant
removed
tell upon Mr. Tarrant, who, by orders of the prison surgeon, to the
was removed to the hospital ward and a better and more liberal hospital
ward.
diet prescribed for him. The Colonial Secretary, Mr. Mercer,
and two other visiting Justices on a visit to the Prisons were
horrified at finding Mr. Tarrant in hospital, and , questioning the
surgeon , got him to admit that Mr. Tarrant was not actually
ill, although a continuance in his first night's ' pleasant quarters ' on a visit of
No- Mr. Mercer
would probably have had the effect of rendering him so . and two
thing, however, could move the stern visiting Justices . Mr. other Justices
Tarrant was remanded back to his narrow cell and the com- of the Peace
to the Gaol,
panionship of felons and refractory seamen, whose language day Mr. Tarrant
is ordered
after day and night after night was described as being of a back to his
most disgusting nature. The community now decided to take former cell.
618 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIX steps in the matter, and, as will be seen, the Jury by whom Mr.
1859. Tarrant was tried, together with some of the most respectable
The com- inhabitants, including members of the Legislative Council and
munity
decide to gentlemen in the Commission of the Peace, petitioned the Gov-
take steps .
ernor, not with a view to shortening the period of confinement
The Govern- but in order to mitigate it so far as to allow of Mr. Tarrant being
ment peti-
tioned to confined on the debtors' side of the Gaol . The following was
allow Mr.
Tarrant to be the petition :-
confined
in the
debtor's side To His Excellency Sir Hercules Robinson, Governor of Hongkong and its
of the Gaol. Dependencies, etc., etc., etc.
The petition. Shewe
th :-
That the undersigned , your humble petitioners, do hereby petition Your
Excellency to ameliorate that part of the sentence passed on Mr. William
Tarrant on Tuesday last, the 20th instant, for libel, by His Lordship the Chief
Justice, viz ., that he be imprisoned in the Common Gaol, to confinement in
the Debtors' Gaol, under the regulations thereof.
Your petitioners further show, that the said Mr. William Tarrant is , or
was, confined in a cell with four convicts.
That your petitioners further show, that Mr. Tarrant was in the said cell
subject to a nuisance of the most disgusting nature, through which your
petitioners believe Mr. William Tarrant was temporarily removed to the
hospital by order of the Colonial Surgeon ; that as your petitioners and the
Colonists in general believe, that His Lordship had not possibly any idea of
the place to which, he, His Lordship, had consigned the said Mr. Tarrant,
would willingly give assent to Your Excellency's merciful consideration here-
in.
That your petitioners only petition Your Excellency that that portion of
the sentence, as hereinbefore mentioned , may be altered to that of imprison-
ment in the debtors' prison.
That your Petitioners do not petition for any amelioration further than a-
before stated. And your petitioners as in duty bound will ever pray, etc..
etc., ete.
Alfred Wilkinson.
R. Muirhead Reddie.
Henry Rutter.
G. J. MacKenzie.
D. M. MacKenzie.
H. M. Beckwith.
G. A. Weiner.
J. Jardine.
J. C. Bowring.
A. Fletcher.
John Dent.
P. Campbell.
J. Rickett.
Robert S. Walker.
Victoria, 29th September, 1859 .
* The stench in the cell was said to be unbearable, attacks from rats, moreover,
rendering deep impossible.
MR. TARRANT REMOVED TO THE COMMON GAOL. 619
This application was refused , the Governor regretting that " it Chap. ---
XXIX.
was beyond his power to comply with the petition, and that when 1859.
it had been brought to his notice that rumours were abroad to the The Gov-
ernor's
effect that William Tarrant was illegally treated , His Excellency refusal.
had requested the visiting Justices for the week to make inquiry His admis-
and furnish a report, " --a copy of which he now forwarded for sion that
he hal
the information of the petitioners who, the Governor thought, requested
would be glad to learn that they had been misinformed as to the visiting
Justices
the facts of the case." The following was the minute of the to make
inquiry and
visiting Justices before alluded to : - report.
MINUTE. The minute
of the
Mr. Mercer and Mr. Lyall, the visiting Justices for the current week, paid Justices.
visiting
a visit of inspection to the Gaol this day, accompanied by Dr. Murray, Colo-
uial Surgeon, and, in accordance with the desire of His Excellency the
Governor, made inquiry into an alleged grievance or complaint, touching the
imprisonment of William Tarraut, under sentence for libel.
Tarrant was admitted into prison on Wednesday, the 21st, and was placed
that night in a cell with four others, three of whom were light sentence men,
and the other a deserter from Her Majesty's Navy.
The Colonial Surgeon, on Thursday morning, 22nd instant, found Tarrant
in a state of excitement, and removed him to the hospital, where he still re-
mains.
It is manifestly impossible - it would be positively indecent, and inhuman,
to admit distinction or classification of crime in hospital, the comforts of
which must be shared alike by felon and misdemeanant, when in a state of
sickness . William Tarrant therefore being in hospital has no grievance on
the score of confinement with felons, and this was the only complaint made
by him, when the visiting Justices questioned him.
The only period then of his imprisonment which affects this inquiry, is the
night of his admission into Gaol, when he was placed with four others, one
of whom, the deserter, might possibly not have been there, had the Gaol
accommodation permitted otherwise .
But until the Gaol extension, already commenced shall be completed, the
classification of prisoners, contemplated by the Gaol Regulations cannot be
fully carried out, and the body of Justices in revising the regulations per-
ceived this, and took especial care to legalize the neglect of classification :
by directing that such classification should be made so far as the Gaol
accommodation permitted.
If desertion be felony Mr. Scott, the Gaol Governor, seems to have been
naware that it is so, but notwithstanding this there was nothing illegal in
Tarrant's confinement on the night in question, nor did the visiting Justices
understand the prisoner to make this a grievance, further than some annoy-
ance which he represented himself to have suffered from rats.
Dr. Murray says that he placed Tarrant in hospital out of kindness to him.
admits that with the best intention he stretched his authority, and pronounces
Tarrant in perfect health, and with no claim in strictness to hospital privi-
leges.
Under these circumstances the visiting Justices have no alternative but to
direct that Wm. Tarrant be placed in that part of the Gaol to which his sen-
tence consigns him.
620 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIX . Mr. Scott is therefore desired to set apart the upper portion of the block
1859. known as building C. for European misdemeanants and remove Tarrant
thither, unless His Excellency the Governor shall direct otherwise after
perusal of this report.
This will keep Wm. Tarrant entirely separate from felons, and place him
with offenders of his class.
His removal to the Debtors' Prison, which has been publicly suggestel ,
cannot be considered by the visiting Justices, as it is certainly not within
their province to interfere with the character of a judicial sentence.
W. T. MERCER,
Justices of the Peace for the
GEO. LYALL ,
THOS. C. LESLIE,* Colony of Hongkong .
The Justices' The Governor, not considering himself entitled to modify, in
recommenda-
tion as to other words refusing to interfere with , the sentence passed upon
Mr. Tarrant. Mr. Tarrant, the latter was, in accordance with the recommen-
dation of the visiting Justices headed by Mr. Mercer, the Colo-
nial Secretary, " placed in that part of the Gaol to which his
Agitation sentence consigned him. " But agitation now began earnestly
begun.
The abomin- both in and out of the Colony, and matters were not to be left
able where they were. The abominable condition of the Gaol came
condition in for severe criticism .
of the Gaol.
Meeting At a meeting of the Legislative Council held on the 9th
of the
Legislative November, the acting Chief Justice, Mr. Adams , who had
Council.
passed sentence upon Mr. Tarrant, inquired " if anything could
The condem-
nation of the be done to expedite the enlargement of the Gaol . He had exa-
Gaol by Mr. mined the Gaol and thought of all the buildings of the kind he
Adams, the
acting Chief had ever seen, it was the least fitted for the purpose for which it
Justice. was intended. It was certainly well fitted for inflicting punish-
ment on the prisoners confined there, but not so as regarded
the more important point of reformation ." The Governor re-
The Gov- plied " that it was scarcely possible to hurry on the building
ernor's reply.
more than was being done, and that the Surveyor - General was
supplied with all the funds which he could employ for the pur-
99
pose. Remonstrances , however, were not altogether made in
vain .
Meeting of At a meeting of the Justices of the Peace held on the 16th
the Justices
of the Peace. November the Gaol regulations affecting misdemeanants were
Amendment amended , and Mr. Mercer backed out of the false position in
of regulations which he had placed himself.
affecting Misdemeanants were subdivided
misdemean into two classes, and those convicted of libel were " not to be
ants.
compelled to do more work than the ordinary prison work ne-
Mr. Tarrant cessary for the preservation of the cleanliness and comfort of
at liberty their rooms or cells," and Mr. Tarrant was at liberty to receive
It will be noticed that Mr. Leslie's name is not mentioned at the commencement
of this minute.
THE SECRETARY OF STATE ON MR . TARRANT'S CASE . 621
and send out letters without these being inspected by the Gov- Chap. XXIX.
-
ernor of the Gaol . So far this was an amelioration in his con- 1859.
dition, and Sir Hercules Robinson was taken to task for allow to receive
" and send out
ing himself to be overruled by " the pernicious social clique " letters.
in Hongkong, and undoubtedly a just regard for the prerogative Sir H. Robin-
of the Executive might have been exercised without any com- son taken
to task.
promise of dignity and as affording an opportunity of initiating
His Excellency's administration with some degree of éclat ; and
the imputation of yielding to the pressure of public opinion or
of the press could have been avoided.
Mr. Tarrant's sentence and treatment were taken up not The Colonial,
only by Colonial and Indian papers but the press in England Indian,
Home preand
ss
also took the matter up warmly, and it was eventually brought on Mr. Tar-
rant's
before Parliament. sentence and
treatment.
The attention of the Secretary of State had also been called The Se-
not only to the severe sentence passed upon Mr. Tarrant, but gretary
State of
to the effect it would most likely have on his health, considering approached .
the state of the Gaol.
While approving of the Governor's attitude and directing the The Duke of
Governor's attention to the fact that " the society of Hongkong suggests
Newcastle
must be protected from the reckless libels which had so long removal of
poisoned the very atmosphere of the Colony," the Duke of Mr. Tarrant
to the
Newcastle directed the removal of Mr. Tarrant to the debtor's debtor's
gaol or
gaol and suggested for consideration that half of the sentence remission
should be remitted . The following despatch of the Secretary of sentence.
The despatch.
of State on the subject will be found of interest : ----
Downing Street, 22nd December, 1859.
Sir.
With reference to your Despatch, No. 11 , of the 27th September, reporting
the trial of Mr. Tarrant for a libel on Lieutenant-Colonel Caine, and the
sentence passed on him, I have to inform you that representations have been
made to me in this country from various quarters, some of them entitled to
consideration, to the effect that Mr. Tarrant's health is likely to suffer mate-
rially by his confinement in his present custody.
I have no ground for casting any doubt on the justice of the verdict or of
the sentence, or of your own conduct in persevering ( as you are reported to
have done) in the performance of what you must have felt as a painful duty,
that of resisting the applications of those who have sought for a mitigation
of the punishment from yourself.
But if there should be real and serious danger to the health of the prisoner,
I wish you (unless, as is possible, you have in such case anticipated my
wish) to have him transferred at once to the debtor's gaol.
And if there be no such apparent danger to his health, I still think, regard
being had to the general rule of punishment for offenders of this description ,
that no detriment to justice will arise from his being removed to the debtor's
gaol as soon as one half of the term of his sentence has expired ; that is, in
the course of March next.
622 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIX . It has been urged upon me by some, who disavow the slightest sympathy
with Mr. Tarrant's writings and conduct, that the latter half of his sentence
1859.
should be altogether remitted , and that he should be discharged from prison
before the commencement of the hot season. I must leave to your discretion
and local information how far such an act of leniency could safely be extend-
ed, feeling sure that on the one hand you will not suffer any vindictive influences
to weigh against the prisoner, and on the other, that you will bear in mind
that the society of Hongkong must be protected from the reckless libels
which have so long poisoned the very atmosphere of the Colony.
I have, etc. ,
(Signed ) NEWCASTLE,
Governor Sir H. ROBINSON.
Mr. Edwin Shortly after, Mr. Edwin James brought Mr. Tarrant's case
James brings
Mr. Tarraut's before the House of Commons, when Mr. C. Fortescue said
case before " that Mr. Tarrant had been treated with every possible leniency,
Parliament.
and the rules of the Gaol had been altered in his favour. It was
Mr. C.
Fortescue true that the Gaol was one which urgently required impro-
in reply. vement, but that this was going on. The exercise of the
discretion of the Governor was very difficult in the case of a
libel carried system of libels, which had been carried to a great height in
A system of
to a great Hongkong, but directions had been sent out to adopt any course
height in of remission of the sentence of Mr. Tarrant which was considered
Hongkong.'
advisable ." The reference here was no doubt to the despatch
reproduced above.
After under- On the 20th March, 1860 , after undergoing exactly six
going six
months' months' imprisonment. Sir Hercules Robinson remitted the
imprison- remaining other half of the sentence of imprisonment against
ment Mr.
Tarraut is Mr. Tarrant , though the other portion of the sentence inflicting
released. a fiue of £ 50 was exacted . This remission of part of the
The fine of
£ 50 paid by sentence of imprisonment was due, no doubt, to the sugges-
subscription. tion ofthe Secretary of State, the acting Chief Justice , Mr. Adams,
having, moreover, stated that had he known of the condition of
the Gaol at the time, he would not have passed such a heavy
sentence .
On his But Mr. Tarrant's troubles were far from being at an end ; on
release from
The Criminal the contrary, they were but just beginning again. For, on his being
Gaol, Mr. released from the Criminal Gaol , the fine of £ 50 imposed upon
Tarrant is
immediately him , having been paid by subscription, Mr. Tarrant was imine-
contined in
debtor's diately removed to the debtor's prison for costs due to Dr. Bridges.
prison for consequent upon his trial, and confined in a room twelve feet
costs due
to Dr. square ' with two sailors, one Irish and the other a Swede ! A
Bridges. Justice of the Peace who called to see him, upon remonstrating
with the Governor of the Gaol, was told that Messrs . Mercer and
Lyall were the visiting Justices that day and he should be guided
by them in the matter. Mr. Tarrant was, of course, not in a
position to meet the heavy costs taxed against him , which
amounted to $2,263 .
MR. TARRANT RE - IMPRISONED FOR DR . BRIDGES ' COSTS . 623
Dr. Bridges was now the real complainant, and he, Shylock- Chap. XXIX.
like, thirsting for his pound of flesh, felt that his chance had 1859.
come, and determined upon enjoying it to the full. Colonel Dr. Bridges,
Shylock -
Caine had engaged the whole Bar against Mr. Tarrant, * and had like, thirsting
won his ' victory ; ' it was now Dr. Bridges turn to have his for his pound
' shot ' at Mr. Tarrant for past ' attacks .' The following is taken of flesh.
Colonel
from the writ issued by Dr. Bridges against Mr. Tarrant's Caine had
chattels :- engaged the
whole bar
against Mr.
Victoria, etc. To the Sheriff, etc. We command, etc., goods and chattels Tarrant.
of William Tarrant cause to be made $2,263 which William Hastings Alex- Dr. Bridges
ander, Esquire, the master of the Crown Office in and for the said Colony turn to go
who prosecuted for ourself in this behalf lately etc. , together with twelve per for Mr.
cent . from 29th September, 1859, and have etc. to be rendered to William Tarrant.
Hastings Alexander, the master of the Crown Office, and that etc. The writ
against Mr.
Witness W. H. Adams, the 15th February in the 23rd year, etc. Tarrant's
chattels,
(Signed ) N. R. MASSON,
Deputy Registrar.
This writ was issued by W. T. Bridges . Levy $2,263 , etc., besides $3 for
the costs.
Mr. Tarrant
Months went by and Mr. Tarrant lay in prison under this lay months
attachment. During that time he corresponded with several under in prison
the
lawyers and also with the Government, endeavouring to arrange attachment .
His endea-
the preliminaries of an appeal to the Privy Council. vour to
appeal to the
Before this his property had been seized and sold by the Privy
Council.
Sheriff at public auction. His arrangements for starting his His property
paper again were frustrated . He lodged an appeal to the seized and
sold.
Queen against the enormous amount of the costs , offering to
find security for his appearance when the same should be Appeal to
the Queen
decided ; this was also refused . Representa tions were again against the
enormous
made to the Home Government by Mr. Tarrant as to his renew- costs.
ed ill-treatment in Hongkong, and in a despatch dated the 21st Representa-
tions to
June, 1860, a representative of Mr. Tarrant's in England was Secretary of
informed that the Duke of Newcastle " had not yet received any State as to
renewed
despatch from the Governor of Hongkong respecting the com- ill-treatment
plaint forwarded by Mr. Tarrant. His Grace had no doubt that of Mr. Tar-
rant.
the Governor would exercise a proper discretion on the subject The Duke of
of Mr. Tarrant's complaints , but will be prepared to address a Newcastle's
No comments yet.
Private notes are available after approval.