language, with a translation thereof, which has been delivered to me, on his part, agreeably to his full powers. "Done near the Castles of the Dardanelles, the 5th January, 1809, which corresponds with the year of the Hegira 1223, the nineteenth day of the moon Zilkaade. (Signed) (L.S.) "SEYDE, MEHMED-EMIN-VAHID EFfendi. BRITISH ORDER IN COUNCIL, MAKING FURTHER PROVISION FOR THE EXERCISE OF POWER AND JURISDICTION BY BRITISH CONSULAR COURTS IN THE OTTOMAN DOMINIONS, APRIL 24, 1847. At the Court of Buckingham Palace, the 24th day of April, 1847. Present:-The Queen's Most Excellent Majesty in Council. WHEREAS, by a certain Act of Parliament, made and passed in the Session of Parliament, holden in the 6th and 7th years of Her Majesty's reign, intituled, "An Act to remove doubts as to the Exercise of Power and Jurisdiction by Her Majesty within divers countries and places out of Her Majesty's dominions, and to render the same more effectual, it is among other things enacted, that it is and shall be lawful for Her Majesty to hold, exercise, and enjoy any power or jurisdiction which Her Majesty now hath, or may at any time hereafter have within any country or place out of Her Majesty's dominions, in the same and as ample a manner as if Her Majesty had acquired such power or jurisdiction by the cession or conquest of territory. And whereas Her Majesty hath power and jurisdiction in the Sublime Ottoman Porte, and whereas Her Majesty was pleased on the 19th day of June, 1844, by and with the advice of Her Privy Council, to make by Order in Council, provision for the due exercise of the jurisdiction possessed by Her Majesty as aforesaid, in the dominions of the Sublime Ottoman Porte; and whereas it is expedient at the present time to make further provision for the same, Now, therefore, in pursuance of the above recited Act of Parliament, Her Majesty is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, that this above recited Order of Her Majesty in Council, of the 19th of June, 1844, shall continue to have full force and effect, except in so far as the same may be in any way altered by the present Order. And for the better maintenance of order among British subjects residing in, or resorting to the dominions of the Sublime Ottoman Porte, and for the more effectual repression and punishment of crimes com mitted by British subjects within the said dominions, it is hereby further ordered, that in all cases in which parties shall be accused before Her Majesty's Consuls-General, Consuls, or Vice-Consuls, of the crimes of arson, house-breaking, cutting or maiming, stabbing, or assault endangering life; and in which the said Consuls-General, Consuls, or Vice-Consuls shall have exclusive jurisdiction; the proceedings in the Consular Courts shall be conducted in the presence of assessors, convened in the manner pointed out in the aforesaid Order of the 19th of June, 1844; and it shall and may be lawful for the Consul-General, Consul, or Vice-Consul holding such Court, to order that any person who shall be convicted in the said Court of any of the crimes aforesaid, shall over and above any fine or imprisonment which may be awarded to such person, be sent out of the dominions of the Sublime Ottoman Porte, notwithstanding the crime laid to the charge of such person may be the first of which he has been convicted in a Consular Court: and all the rules laid down in the aforesaid Order of the 19th of June, 1844, touching Consular Courts held in the presence of assessors, and the expulsion of persons from the dominions of the Sublime Ottoman Porte, shall continue to be observed with reference to the present Order. And it is hereby further ordered, that when any British subject shall be convicted for the first time in the Court of any of Her Majesty's Consuls-General, Consuls, or Vice-Consuls in the dominions of the Sublime Ottoman Porte, of any crime or misdemeanour endangering the public peace, if such British subject shall have no establishment in the dominions of the Sublime Ottoman Porte, nor any ostensible means of subsistence, it shall and may be lawful for such Consul-General, Consul, or Vice-Consul, to require such British subject to produce some one person who will enter into security for his good behaviour, after payment of the fine imposed upon him, or the expiration of the term of imprisonment awarded to him, provided always, that the security so required shall not be excessive; and in the event of any British subject so convicted being unable to procure some such person to enter into the required security, then and in that case it shall be lawful for Her Majesty's Consul-General, Consul, or ViceConsul, to send such British subject out of the Ottoman dominions, in the same manner as if he had been twice convicted: And it is further ordered, that it shall and may be lawful for any of Her Majesty's Consuls-General, Consuls, or Vice-Consuls, in the Ottoman dominions, upon oath being made before him, by one or more credible witnesses, that there is reasonable ground to apprehend that any British subject is about to commit a breach of the public peace, to cause such British subject to be brought before him, and to require such British subject to give sufficient security to keep the peace; or in the event of any British subject being convicted of a breach of the peace, to cause such British subject to find security for his good behaviour, after he shall have undergone the punishment which may have been awarded to him in the Consular Court; and in the event of any British subject, who may be required as aforesaid to give sufficient security to keep the peace, or to find security for his good behaviour, being unable or unwilling to do so, then and in that case it shall be lawful for Her Majesty's Consul-General, Consul, or Vice-Consul, to send such British subject out of the Ottoman dominions. And the Right Honourable Earl Grey and the Right Honourable Viscount Palmerston, two of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein, as to them may respectively appertain. WM. L. BATHURST. BY CHAPTER V. THE CONSULAR DUTIES IN CHINA. Y the statute 6 Anne, c. 17, a union was effected between the Company of Merchants of London, trading to the East Indies, and the English Company, on the same track. This Charter was renewed from time to time, when gradually the United Company expanded, and that of China became detached under Government in the reign of William IV., when the China trade was thrown open, and the United Company assumed the name of the now renowned East India Company. The Acts now in force appointed a Superintendent of Trade to China (3 & 4 Wm. IV., c. 93), which was further amended by the 6 & 7 Vict., c. 80, both of which are annexed; these, as they relate more exclusively to the Superintendent of Trade to China, need only be perused by the Consul for his information. It was not until the year 1842, that British Consuls were appointed to China, although, without doubt, the Superintendents of Trade were paving the way to their establishment. On the 29th August, 1842, Her Majesty concluded with the Emperor of China a Treaty of Peace and Friendship. In the second Article it was agreed that British subjects, with their establishments and families, should be allowed to reside, for the purpose of carrying on their mercantile pursuits, at the cities and towns of Canton, Amoy, Foo-chow-foo, Ningpo, and Shanghai ; and that Her Majesty might appoint Superintendents, or Consular officers to reside at each of the above-named cities or towns, to be the medium of communication between the Chinese authorities and the said merchants, and to see that the just dues and duties of the Chinese government as hereafter provided for are duly discharged by Her Britannic Majesty's subjects. The third Article relates to the cession of the Island of Hong Kong to Her Majesty. The remainder of the Treaty goes on to state the indemnifications, etc., payable, and the release of British subjects, etc. In furtherance of this Treaty, by an Order in Council dated the 4th January, 1843, Her Majesty removed the holding of the Court for the administration of justice, with criminal and Admiralty jurisdiction, to the Island of Hong Kong, to be there holden by the Chief Superintendent for the time being, appointed by Her Majesty, in pursuance of the 3 & 4 Wm. IV., c. 93, and confirming in other respects the Order in Council relating thereto, dated the 9th December, 1833. By Order in Council dated the 24th February, 1843, Her Majesty was also pleased to declare that the Superintendents of Trade were to carry out the provisions afforded by the said Act, in regard to fines and penalties; and prohibited her subjects, under a penalty not exceeding 100%., or three months' imprisonment, from resorting for the purposes of trade and commerce to any other ports in the Chinese dominions than those of Amoy, Canton, Foo-chow-foo, Ningpo, and Shanghai, or those that may be in possession of Her Majesty's forces. On the 26th June, 1843, the annexed Tariff of Duties and Dues was agreed upon, and on the 22nd July of the same year duly promulgated by Sir Henry Pottinger, Her Majesty's Plenipotentiary to China, with the addenda, that on well-grounded representations from Her Majesty's Consuls, or the Chinese authorities, that the above provisions had been evaded or attempted to be, most stringent and decided measures were to be adopted against the offenders. In continuation of this the appended Regulations were also issued relating to Pilots, Customhouse Guards, reporting Ships on Arrival, Commercial Dealings between English and Chinese Merchants, Tonnage Dues, Import and Export Duties, Examination of Goods, manner of Paying Duties, Weights and Measures, Lighters or Cargo Boats, Transhipment of Goods, Subordinate Consular Officers, Disputes between British Subjects and Chinese, British Government Cruisers, and the Security to be given for British Merchants' Vessels. These were all confirmed by a proclamation of the Chinese authorities in July, 1843. The next Act passed on the subject was the 6 & 7 Vict. c. 80, annexed, and on the 26th August, 1843,-1st. A British Commission, authorising the Superintendent of Trade in China to enact Laws and Ordinances for the government of British subjects. 2nd. British instructions to the Superintendent of Trade in China relative to the same. 3rd. A Commission providing, in the event of a vacancy, for the temporary exercise of the office of said Superintendent. On the 2nd October, 1843, an Order in Council was issued relative to the execution of the Laws and Ordinances enacted by the said Superintendent. A Supplementary Treaty was then signed at Hoomun-Chae on the 8th of October, 1843, in which it was stated, that as by Treaty the five above-mentioned ports had been thrown open to the British trade, and a Tariff had been established, the same should be in force at the said ports of Canton, Foo-chow-foo, Amoy, Ningpo, and Shanghai. That all penalties under the general Regulations of Trade, July, 1843, should be appropriated to the Public Service of China. That British merchants should alone trade with such five ports, and in the event of their, in contravention of the said regulations, repairing to other ports, the Chinese government officers should be at liberty to seize and confiscate both vessels and cargoes. That English merchants and others residing or resorting to the five ports, should not penetrate into the surrounding country beyond certain short distances to be named by the local authorities, in concert with the British Consul, and on no pretence for purposes of traffic. That seamen should not be allowed to land except under certain restrictions, and that all persons not acting accordingly should be liable to seizure, and to be handed over to the British Consul for punishment. Sect. vii. The regulations relating to the rent and building of houses. Sect. viii. That the Emperor of China might grant the same privileges to other nations. Sect. ix. That Chinese criminals fleeing to the five ports should be handed to the Chinese authorities, and English subjects fleeing to the Chinese territories, should be handed to the nearest British Consular officer. Sect. x. Relates to an English cruiser being stationed at each of the five ports. Sect. xi. The return of the ports of Chusan and Koolangsoo to the Chinese. Sect. xii. To the infringement of the Trade and Smuggling. Sect. xiii. To the Trading of Chinese to the five ports. Sect. xiv. The appointment of an English officer to examine the registers of all Chinese vessels repairing to such ports. Sect. xv. Relates to the debts incurred by Chinese and British subjects. Sect. xvi. That a monthly return should be made to Canton of all passes granted to vessels going to Hong Kong. Sect. xvii. Relates to the Dues, etc., of British small craft. On the 24th January, 1844, a British Ordinance was promulgated relative to the trial and punishment of offences committed by British subjects in China, or within a certain distance at sea, off the Chinese coast. |