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“...SUPREME COURT & CONSULAR
GAZETTE,
And Law Reporter for the Supreme & Provincial Courts of China & Japan
Vol. Ill SHANGHAI, SATURDAY, 28tii MARCH, 1868. No. 65
CONTENTS.
Leaping Articles. Page.
Mr. H. N. Lay and tlie Foreign Office,... 123
The Ancient and Modern Capitals of China,... 124
Cases in H. B. M.’s Supreme Court.
Summary Cases,............................ 125
Police Cases,............................. 125
Case in H. B. M.’s Provincial Court, Hankow.
In Bankruptcy : In re John Mackellar,..... 125
Naval Court : The Mary Francis, ........... 126
Page,
Report of Meeting of N. G. B. of the Royal Asi-
atic Society,.............................. 126
Report of Meeting of Literary Society of Ning-
po,........................................ 126
News of the Week,...........:.............. 128
Commercial Summary,...................... 133
Shipping,.................................. 133
Quotations, Ac., &c..................... 133
NOTIFICATIONS
Prussian Consulate General.
H. B M. Supreme...”
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“...March 2Sth I86'8.
SUPREME COURT & CONSULAR GAZETTE.
123
It is requested that only such communications as relate to
Editorial matters be addressed to the Editor, and that they
be sent not later than Friday.
Advertisements will be received till 10 a.m. on Saturday
Ho communications can be noticed unless accompanied by
the name of thewriter.
jcwjrente doxixt anb Consular feetfe
Shanghai, March 28th, 1868.
It must have been a matter of very great sur-
prise to the majority of people in China to find
that Mr. Horatio Nelson Lay, Ex Inspector of
Maritime Customs, should, to use an ordinary
expression, have again “ come out of his shell,”
and that after the lamentable expose offthe, mis-
representations as to the nature of his authori-
ty from the China Government, which has bee'n
made, no less by the published official despatches
upon the subject, than by Mr. Lay’s own pam-
phlet in his defence, he should make an attempt
to throw the onus of the miscarriage of the ex-
pedition upon the Chinese...”
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“...124
SUPREME COURT & CONSULAR GAZETTE.
March 2$^ 1868.
ease, there is overwhelming evidence that Mr.
Lay’s failure is attributable to himself alone,
but it so happens that in the Blue Book in
which all documents relating to the affair and
to the “ Dismissal of Mr. Lay ” are published,
there appear the following two despatches to Sir
Frederick Bruce :
Earl Russell to Sir E. Bruce.
Sir,—I inclose, for your information, copies of the
* ‘ London Gazette ” of this day, containing an order
of the Queen in Council, authorising Mr. Lay and
Captain Osborn to enlist men and to equip vessels for
the service of the Emperor of China.
I am, &c.,
(Signed) RUSSELL.
Earl Russell to Sir E. Bruce.
Sir, — I inclose, for your information, copy of a letter
which I have caused to be addressed to Mr. Lay,
suggesting that he' should procure some written autho-
rity from the Chinese Government for the steps which
he is taking to provide that Government with naval
•assistance.
I am, &c.,
(Signed) RUSSELL.
It is just...”
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“...March 28th 1868.
SUPREME COURT & CONSULAR GAZETTE.
125
really mean when they say that the Chinese are
all alike, is that they all differ from Europeans.
Those who have any acquaintance with the 11a
tives of this country are aware of striking diffe-
rences not only bodily but also mentally between
the inhabitants of one part of China, and those
of another ; and it is probably not too much to
say that a Chili, Shantung or Shensi man does
not differ less in spoken language, habits, local
laws and usages from a Yunan, Kwangsi or
Kwangtung man, than an Englishman or Ger-
man differs from a Frenchman, or than both
differ from Italians or Spaniards. Perhaps,
the only thing which’ all the inhabitants of
China have in common is the written language,
and this has probably done more to keep up
the integrity of the Empire than any other
cause.
The position of the Supreme Government at
Pekin tends in no small degree to alienate it
from the affections of the people in other parts
of the Empire, and to...”
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“...126
SUPREME COURT & CONSULAR GAZETTE.
March 2Sth 1868.
Mr. Mackellar, in praying for tlie grant of an un-
conditional discharge, asked leave to read to the Court,
extracts of sundry letters from himself to his partner,
Mr. Gordon, written between 10th November, 1S65,
and 27th May, 1867, showing him to have repeatedly
warned his partner to coniine himself entirely to a
commission business, with certain specific exceptions,
and to avoid improvident or reckless speculations of
any kind, either on their own account, or with Foreign
or Chinese traders ; and proving, moreover, that he
had been in the constant habit of calling on his part-
ner for regular accounts and returns of the business,
but not with the success he desired ; the whole con-
firming, in fact, the statements he had made in reply
to the questions put to him at the last meeting. (Co-
pies of letters put in and recorded).
No one appeared to oppose ; and no notice of appeal
was filed.
The Court accordingly issued the usual form...”
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“...March 28th 1868.
SUPREME COURT & CONSULAR GAZETTE,
127
ton their dresses in a different way from those
who have the birth right of freedom. They are
forbidden to marry with respectable people, and
any one taking a wife from them, is for ever pol-
luted and becomes as one of them, that while
treachery was thus severely punished by forfeit-
ures of rights, the generality of women in Ning-
po enjoy a privilege not accorded to the Chinese
ladies of other places. A lover Emperor has given
to Ningpo brides the right of quartering a dragon
on their marriage robes, and this was done in
commemoration of a Ningpo beauty whom he
adored, but was doomed never to possess.
He also spoke of the legend of how in ancient
days a mighty chief named Ch’ien, thrice drew his
vast bow and fired three heavy arrows against the
breast of the strong wave that sweeps with re-
lentless and destructive march up the Hangchow
river. And how the on rush of the waters were
stopped for a while, and the people was enabled...”
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“...128
SUPREME COURT & CONSULAR GAZETTE.
March 28th 1868.
their turn to see what his course would finally he,
that they might shape theirs thereby. At length Sir
F. Bruce interpreted the silence of the Foreign Office
as a hint meaning no countenance, and, alarmed at
the possibility of a force in such a mondescript po-
sition as Captain Osborn’s fleet was then placed,
becoming a danger, and so involving embarrasment to
himself, he ordered Captain Osborn to take the force
home again.
The Chinese Government followed suit. Having
been dissuaded by Sir F. Bruce from tendering my
resignation during the above interval of suspense, I
received on the 16th Nov., a short letter of dismissal
from the Chinese Government, no reason being as-
signed for the step.
As soon as the Foreign Office heard of the despatch
of the force to England, they immediately rescinded
an Order in Council which had been issued on the 9th
Jan., 1863 (without my cognisance). They thus with-
drew our military officers from the...”
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“...March 28th 1863.
SUPREME COURT & CONSULAR GAZETTE.
129
of the Exchequer. The Daity News lias announced
that the Budget for 1868, will show a large reduction
m the Army and Navy estimate. Mr. Beresford
Hope, has been elected member for Cambridge Uni-
verity. Reserve of Notes in the Bank of England
£12,000. (?) All the members of Lord Derby’s Cabinet
have consented to serve under Mr. Disraeli. Lord
Cairns, however, replaces Lord Chelmsford as Lord
High Chancellor. Lord Cranborne becomes Chancel-
lor of the Exohequer. The Newspapers are unanimous
in declaring that the withdrawal of Sir Stafford North -
cote from the India Office will be prejudicial to the
service. It is rumoured that Sir Stafford Northcote
will probably succeed Sir John Lawrence as Governor
General of India. 27 th Feby.,—The Agra Bank has
declared a dividend of 7 per cent on the new capital.
The Calcutta Mail of the 24th January wvas delivered
in Loudon to-day. London, 28th Feby., (Morning.)—
An application made by the Jamaica...”
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“...130
SUPREME COURT & CONSULAR GAZETTE.
March 28th 1868.
which an employ 4 may be looked upon as eligible for
promotion, and states that’it was not very long ago that
eeveral of the juniors in the Custom House were sub-
mitted by Mr. Idart to a little viva voce examination,
and out of about live candidates only one could ask the
linguist, in Chinese, whether he wished to go to Tien-
tsin in a steamer or a sailing vessel, the gentleman in
question being very properly promoted for his erudi-
tion. “ It is very well known,” says the above paper,
“that there are several men in the Customs’ service who
seem to be determined to give themselves as little trou-
ble as they possibly can; who care for nothing,
but drawing their salaries and—to use a vulgar but
expressive phrase—‘ cutting a swell,’ and who, after
taking service under the Chinese, have not been able
to muster perseverance to learn the rudiments of the
language, but who, if asked whether they have done
so, reply—‘ah, my deali fellah,...”
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“...March 2Slh 18G8.
SUPREME COURT & CONSULAR GAZETTE.
131
and Defangar ; per Feeloong from Nagasaki, March
24tli, Messrs. Lecat, Bell, Delapet and R. Avanes;
per Moyune, from Hankow; March 2Gtli, Bishop of
Victoria and Rev. Mr. Vaughan ; per Douglas, from
Hongkong, on 27th inst., Messrs. J. S. Still, IL Carles,
J. Hudson, and A. Vernede.
The following have departed : per Erl King, for
Hongkong ; March 26th, Bishop of Victoria, Rev. Mr.
Vaughan, Messrs. J. Berwick and Caysh; per Dupleix,
for Hongkong &c., Mrs. Checa, infant, and maid ser-
vant, Mr. and Mrs. Schut, 4 children and servants,
Messrs. P, S. Forbes, Welch, Bourrelis, Moris, An-
toine, Iribarren, Van Eyken and two Brothers, and
Lieut. Boucher, I.N,
Hankow.—There is no news of importance from
this port. The Times states :
“The weather during the past week has been most
disagreeable ; heavy rains, accompanied at intervals by
severe thunder storms, have deluged the country for
miles, and whilst we are writing the lowering clouds give...”
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“...132
SUPREME COURT & CONSULAR GAZETTE.
March 2Sth 186$
China, and all Oriental nations. We may admire their
curios, and, after reading the laudatory accounts of
travellers, we may affect a dilletante enthusiasm for
their religious, moral, or political institutions ; but the
fact remains deep and indelible- underneath the outer
coat appears—the barbarian. We may make treaties,
and credit and receive ambassadors, but the forms of
civilised diplomacy are only a thin cover to hide the
real state of affairs. We cannot disguise the fact that
Xve are treating with a government which is torn and
convulsed with the throes of revolution, and with a
people who are actuated by savage instincts. We shall
not greatly err if we say that Japan, under its Dai-
mios, Tycoons, and Mikados, represents a state of civi-
lisation similar to that of England under the Planta-
genets.”
COMMERCIAL.
Shanghai, Friday Evening, March 27 th, 1868.
Imports :—Our Import market has been in a fever-
ish and excited state ...”
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“...SUPREME COURT & CONSULAR GAZETTE.
PUBLIC AUCTION.
By order of the Mortgagee.
THE undersigned lias received instructions
to sell by Public Auction, within his office,
No. 27 Kiangse Road, on Friday, the 23rd day
of April next, at 3 p.m.
A plot of ground situated in the Kiangse
Road, marked 193 in the Municipal Plan of the
English Settlement of Shanghai ; registered at
the British Consulate, as Lot 20A and measur-
ing per Title Deed, No. 70, km. 0/*. 0Z. 2A, to-
gether with the Foreign Dwelling House, Go-
downs, and Silk Room, Outhouses, &c. erected
thereon.
A. considerable proportion of the purchase
money may remain on Mortgage at 12 per cent
if desired.
The Mortgagee reserves liberty to bid at the
sale.
For further particulars, apply to
J. P. BISSET,
27, Kiangse Road.
Shanghai, 21st March 18G8.
THE CHINA MAGAZINE, a Weekly Miscel-
lany, Illustrated with Photographs, Conducted
by C. Langdon Davies, Published for Proprietor by
Noroniia & Sons, Government Printers, Hongkong.
Quarterly Subscription...”
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