they be released when the Opium is yielded to which any minister of the crown could stand, its threats, or still held as hostages for the in submitting to the House of Cominons a propeaceful endurance of all these insults and position for compensation to the holders of injuries? We are inclined to believe that they Opium at Lintin on the 18th of March. This will not readily be permitted to leave Canton. Opium has been in course of collection for But, if once out of the power of the Chinese, months, with the full knowledge of all parwe think our Government ought to take a les-ties that the Chinese Government was deterson by the enemy and put in practice the very mined to have recourse to the severest meameans of coercion which they have adopted sures to prevent its introduction. Proclamaagainst the merchants. Cut off the supplies! tion upon proclamation was thundered forth Food and water are refused to our country. to warn the traders, natives and foreigners, of men, unless they comply with the terms of the the consequences of their perseverance in the Imperial Commissioner, a couple of British traffic, and H. M. Chief Superintendent, long frigates can stop the food of the whole pro- before the catastrophe occurred counselled vince of Canton. They are dependent upon and enjoined the departure of the receiving their coasting trade for rice, and six weeks' ships and a boná fide compliance with the cominterruption would cause a rebellion, in which mands of the Emperor.

the Imperial Commissioner's head woald not be worth five minutes' purchase. We might If, therefore, in spite of such warnings, the do more; we might justly seize upon the speculators in a contraband article place island of Formosa, and hold it in compensation themselves in a position by which their profor the property now extorted from British perty must be sacrificed to save their lives, subjects; and we know that it is the opinion will be representatives of the people of Engof the most experienced residents in China, land come forward and say, "we will relieve that if in possession of that island we could you from the mischief of your own voluntary carry on a large and profitable trade with China acts;"your obstinacy in keeping your Opiin spite of all the efforts of the Imperial Govern- um at Lintin has turned out a bad spec, but ment. The island of Formosa commands the John Bull will cheerfully pay the piper." coast with which we have now the greatest in- In addition to the absurdity of asking an tercourse, and it is important to the Chinese, indemnity for losses, of which the probabilias it supplies them with grain. They would ties were foreseen by every man of common therefore view its loss with great regret, and sense for months, and the risk of which was might perhaps make some efforts to repossess themselves of it; but they would soon learn wilfully incurred, is the grave objection by a that their boast that the common people of the very influential portion of the British people land are sufficient to annihilate us, is a vain effects on the moral character of the conagainst the trade at all, from its deteriorating

one.

sumers of Opium. We are not ourselves pre

We cannot conclude without one more re-pared to go the whole length of the views of mark by way of caution. The present disturbances will be eagerly seized upon by the advocates of the Company's monopoly in England to prove the disastrous consequences of its abolition. We are therefore desirous it should be thoroughly understood that the

British free trade is in no wise answerable for the present disputes. The Company's monopoly (what is left of it at least,-Opium) has brought about a catastrophe which never could or would have occurred without it. It has fostered a gambling trade to an extent that could hardly have taken place had things been left to their natural course.-Englishman, May 14.

The views taken by our morning contempo rary on the late proceedings in Canton, we hold to be thoroughly sound, as far as the prospects of an indemnity are concerned, and we would impress upon all parties interested in the 20,000 chests of Opium delivered up to the Chinese authorities, the hopelessness of looking to England for one pice of the value, if that article can indeed be called valuable, which was unsaleable and not even tangible except at the risk of life, without an obvious paradox. Looking at the question, morally, politically, legally, or in reference to expediency, we cannot find an inch of ground on

this party, believing that, as in spirits so in but it would be idle to blink the fact that its Opium, there may be use as well as abuses political influence will be zealously arrayed against any grant of compensation for the miscalculations of a speculator in the worst of poisons, according to its ideas.

Political considerations will also be marshalled against any "bonus". It has been the rash perseverance in the smuggling trade, that has brought the legitimate trade into jeopardy; and exasperation at the possible loss of revenue is more likely to be the feeling predominant in Downing Street, than any compassion for the sufferers. The legal bearings of the case are disposed of by the Englishman. is extorted from a prisoner? or who could act What guarantee, indeed, can be binding which "pon such guarantee? or acting, would not know, he did so at his own peril? Besides, it will be immediately asked, why was the instrumentality of Captain Elliott required to not the edict of the Chinese Commissioner of cause the delivery of the Opium? Why was the 18th of March complied with at once?

Is it to be supposed for a moment, that the merchants would not have delivered up the Opium, according to the requisition of Lin, when they saw him determined on these coercive measures, whether Captain Elliott had

been in Canton or Kamskatka. We are inclined China more complicated than they ever have to think the Superintendent, at all events, before been up to this period. The High has involved himself in very serious respon- Commissioner Lin, has adopted the most sumsibility, but not the British Government, and mary proceeding-not only stopping the trade, has laid himself unguardedly open to the sus- but stopping the supplies of the foreigners, picion of a moral pusilanimity, which obscur and even threatening their lives in the event ed his judgment, or what is worse, of collu of all the opium in China not being given sion with the speculators, to involve H. M. up to the Chinese Government! The result Ministers in an invidious and embarrassing is, that Captain Elliott, whom the Commispredicament. In the absence of many par- sioner had also placed in a state of arrest ticulars, it would be unjust to construe his (refusing to him and to other foreigners passes acts either harshly or conclusively, but primâ to quit Canton.) has pledged himself that facie it strikes us, that he would have stood 20,000 chests shall be given up, upon which in a higher position, if he had communicated the trade has been re-opened!! to the Commissioner, and also to the mer

chants, that the latter were bound to comply Such was the state of affairs at the date with the order of the former, but that whether of the last accounts from China; and of course they did or did not, any injury to himself was it is one which has caused considerable anat the peril of the perpetrator. It will not xiety and much discussion in this community. fail also to create surprise, that he should The actual state of things at Canton, is a have placed himself in the lion's den instead very striking illustration of the little depenof keeping the advantage of being able to dence to be placed on the opinions even of negotiate free from restraint. These and other the most experienced and best informed considerations will press upon the Members foreigners in China, as to the proceedings of of the House of Commons, should H. M. Mi- the very singular Government of that country. nisters adopt the quasi guarantee of the Su- Two years ago, if any one had suggested the perintendent, and as the former have consti- probability of any very vigorous measures for tuents to face, having but slight sympathies putting down the opium trade, we believe with traffickers in a contraband article, we he would have been laughed at by every_one believe no Ministry, Whig. Tory, or Radi- of the foreign residents at Canton. Even cal, could, in the present constitution of the long after measures had been adopted, which representative body, carry any measure of compensation.

to us at a distance seemed to indicate a determination to repress the trade; when, for It has been suggested to us, that Captain example, not only opium ships, but all our Elliott has himself made the guarantee nuga Moon, which has been described to us as a vessels had been excluded from Cum Singtory, by leaving the value of the Opium "to be determined upon principles and in a man fine anchorage, one of the best on the Coast ner to be defined by H. M. Government." Any in the South-west monsoon, still we heard committee appointed to ascertain the value the idea of the Chinese Government's even of Opium at Lintin on the 27th of March, being serious in the matter of excluding opiwill have but short work. It may be truly um, scouted. Now. be it observed, that the said to have been worth nothing at all; and harbour in question, was not the anchorage the British nation is to be asked to give that of opium vessels only, but of all vessels in article a value, which of itself possessed none. the general trade of a moderate size, which, owing to the absurd system of charging port We are of opinion also, that the instruc duties adopted by the Chinese, could not tions of the British Government to the Super-afford to enter the Port of Canton, but sent intendent, never went the length of authoris ing a pecuniary arrangement with the hol-up their cargoes in larger vessels, which paid ders; or else, why not have mooted this point long before the perseverance in attempting to throw Opium into Canton and on the Coast, had led, and necessarily led, to the extremities, which have occurred.

bour too, the opium trade had been openly proportionally a great deal less. In this harcarried on long after the first celebrated memorial (of we forget what functionary,) to the Emperor, against the trade, which many of the knowing ones treated as a forgery; yet In conclusion, we recommend our Opium one of the first decided measures against the friends to stick to this Government, and es- trade, was the exclusion not only of the opium chew all dreams of a remittance from St. Ste- vessels but of all others from this harbour. phens. Here we have a despotic, irresponsi- This proceeding, we confess, looked to us ble Government, who can spend what it likes rather determined; but still it was regarded and how it likes, free from the remonstrances in China as of no importance, and the subseand the "noes, have it" of impracticable quent persecutions, not only of the opiumcountry-gentlemen and close-fisted manufac-dealers, but of all even accused of dealing turers.-Hurkaru, May 15.]

in the drug, which led to a species of revolt against the Police, seem scarcely to have been viewed in a more serious light; but it The intelligence from China, received du- is quite evident now, that they were only ring the past week, is of so much importance, preludes to those more serious and decided that our daily contemporaries announced it attacks upon the trade, and those concerned in Extras. For the present at least the Opi- in it, which have now awakened the foreign um trade is at an end, and our relations with community of Canton from their dream of

security, to a sense of the real state of the in other words should declare war against case, and of the critical position in which the China! We believe that the Supreme Governopium trade has placed them. Still more ment has no authority to do any thing of the critical will that position become, if it be kind; and were that otherwise, it seems to us true, as stated in some of the papers, that some that the measure proposed would be at once of the clippers have actually sailed for Ma- futile and undignified, unless we could folnilla with their cargoes, and thus rendered it low it up by operations on a much larger impossible for Captain Elliott to full his scale and with a much more definite and impledge to the High Commissioner Lin. portant object in view. The question of our relations with China, must now be made a That the Chinese Government is morally national question; and the sooner it is taken justified in putting down the opium trade, by up on a national scale and decided in a manevery legal and inoral meaus, no one can ner worthy of the nation, the better for the deny; but we may well doubt whether, in the vast interests concerned. The proposed seiactual case, they have not gone beyond the zure of Formosa and Chusang, seems to us law, as explained by their own practice hi-one of the measures that ought to be adopted; therto in their intercourse with foreigners. but we ought to go further than that, and According to that practice, when any viola- read the haughty semi-barbarians of the cele tion of their laws by foreigners was com stial empire, a lesson of our power which they plained of, which they held to be serious, would not easily forget. they proceeded in very extreme cases to stop the general trade, until their demands were On the question of indemnification to the complied with; but in many instances they owners of the forfeited opium, we have very contented themselves with stopping the trade few words to offer. It is perfectly clear to of a particular ship, the parties connected us, that the Home Government, or rather the with which, had violated or were accused of people of England, cannot, consistently with violating the law. This has long been the any principle of justice, be called on to pay recognized practice in China; and if Com- the indemnification. True Captain Elliott, missioner Lin had confined himself to this under a restraint which left him no alternainode of compelling the delivery to him of tive, has p`edged the national Government all the opium in China, we do not think that to that measure; but it is enough that the we could have had any just cause of comparties are indemnified-that they ought to plaint against him. That the Chinese Go-be, we are clearly of opinion; but not by vernment has the right, consistently with the the people of England. By whom then? Most law of nations and the practice of other coun- assuredly by the Company, who have fostered tries, to seize and confiscate contraband this illicit trade; who have laboured zealousgoods, cannot be questioned; and while, ly to increase it, and have profited so largely therefore, they might, on this principle, have by it. To them the traders should look for sent armed vessels to take the clippers, for indemnification, and it will be the duty of the example, and effect their object, they had King's government, to compel them to pay it clearly a right to resort to a more pacific and in redemption of Captain Elliott's pledge. long recognized mode of enforcing their laws; but they have gone much further than they We have already exceeded the space we inshould, and have persecuted and deprived of tended to occupy on this important object; but liberty, many foreigners who never had any we must add one word in reference to Captain connection with the opium trade, and have Elliott's proceeding to Canton and to his threat even violated the sanctity of the rights of our of employing force,-he has been blamed for quasi ambassador, the Superintendent, who both. With respect to the first, in our bumble was trying to repress that very trade!! and in judgment, he acted as became an officer and a these measures they have violated the prin- man of spirit, and performed his duty. In such ciples of justice and the laws of nations and a crisis that duty required him to be with his laid themselves open to retribution. History countrymen at Canton, when their very lives records many wars undertaken and justified were menaced. As to the threat of employing on infinitely less provocation than China has force, it was most ill-judged. In every case now afforded to Great Britain. Whether the it is very bad policy to threaten what you Whig Ministry, who failed to take any notice cannot perform; but this remark applies with of the insults offered to Lord Napier, will tenfold force to dealings with a power like better vindicate the national honour on this that of China. Captain Elliott ought to have occasion, remains to be seen. If they are reflected, that the foreigners at Canton were disposed to do so, the means and appliances at the mercy of the Chinese, and that he had are not wanting, and we may, at compara- to deal with a man who had sufficiently shown tively little expence, place our trade and our that he was not likely to hesitate about the relations with China on a better footing than means of effecting his object of making the they have ever yet stood, since we first had Superintendent succumb. By such a threat factories at Canton.

Some correspondents of the Press we perceive, propose that the Supreme Government of India should at once grant letters-of-marque to private vessels against the Chinese;

he has

but taught bloody instructions Which return to plague the inventor. Bengal Herald, May 19.]

To the Editor of the Bengal Hurkaru.

To the Editor of the Bengal Hurkaru.
Sir, I have read with some surprize the

MR. EDITOR,-To revert to the consideration of the unhappy 20,000 chests of opium; arguments which have been advanced by you a question of no small mercantile importance and your contemporary of the Englishman, and legal difficulty, arises, or may arise be- regarding the asserted right of the British tween the consignors and consignees. Posi- Government, to repudiate the pledge given to tively Mr. Lin could not have foreseen the the Opium holders, by Her Majesty's reprecomplicated and multiplied ramifications of sentative at Canton. The question is imporembarrassments to which his master-stroke tant on both public and private grounds, and of violent policy, is likely to lead! Here we propose to discuss it, as one involving the have, first of all, a question between the relative duties of the Sovereign and the subBritish Government and the Chinese, item a ject, so far as the Government and the Opium question between Captain Elliott and the Bri-dealers are concerned, and as one of national tish Government, item another between the right, as relates to the question of indemnity same gentleman and the merchants whose between the countries. property has been delivered up at his bidding, I shall commence by endeavouring to meet item between the said merchants and the a difficulty, to which you have alluded, though British Government, who are expected to you state that you are not prepared to go the indemnify them for their loss, and lastly, the whole length of the party by whom the objecquestion which I suggested in the commence- tion will be urged; that objection is to the ment of this epistle. Some hundred chests, Opium trade itself, "from its detoriorating effor example, were probably in the control, fects on the moral character of the consumers," if not in the actual custody of Messrs. Dent and a consequent want of sympathy for the and Co., (not as owners, but as mere agents,) losses of those, by whom it was conducted. and the immediate act of surrender, there- The poets feigned a golden and a silver Age, fore, may be said to be theirs. Bills may but there is no fiction in describing this as the have been drawn against this opium, and Age of cant and humbug, as an Age in which duly paid at maturity. Now, suppose that many thrive "who make piety a profit and the British Government should decline to tax the pockets of John Bull to the required tune of a couple of crores, and suppose also, that they should be unwilling or unable to extort the amount from John Chinaman, who is to incur the loss? Can the parties, who are the real owners of the opium, or who have a lien upon it, (most of whom are in fact either here or at Bombay, and far enough from the scene of operations) establish any claim against their agents for this surrender of property without the consent of the own ers? I think not.

godliness a great gain ;" whose cry is loud, if clamour avails their interest, but who blanch from all attempts by which rank or riches are likely to have their pleasures or profits impaired. Numbers will be found to anathemize our Calcutta merchants for the crime of purchasing Opium, manufactured by their own Government, and selling it to the Chinese, with the notorious connivance of the Provincial authorities at Canton. The walls of St. Stephen's shall ring with the epithets, Smuggler, and Poisoner, applied to men who have assisted this Government in reaping an enorIt is said, that the Calcutta Merchants are mous revenue. The Legislature shall be callhugging themselves in fancied security. Their ed on to place these men out of the pale of notion is, that they have got two strings to protection, for trading in an article supplied their bow, and they reason thus:-"If Cap. to them by this Government for the very partain Elliott's act was justifiable and within pose of that trade, yet what shall rouse that the scope of his authority, then we have a sanctified Legislature into ire against the claim to be indemnified by Government, who Hells called Clubs, the Gin shops called Pacannot repudiate the consequences of their laces, the Brothels called Saloons, all of which own servant's authorized act; and, if it was exist in our moral evangelical England? Leunjustifiable and in excess of the powers with gislative inactment touches them not, for they which he was armed, then the holders of our administer to the pleasures, or enhance the opium are not protected in obeying his or-profits of those classes, to whom rank gives der." This is leaning upon a broken reed. influence, or who by wealth have acquired The justifiableness of Captain Elliott's con- power. duct, as I endeavoured to show in my letter of yesterday, is immaterial to the question; the seizure and destruction of the opium must be considered as the act of the Chinese Government and the compliance involuntary.

In my humble opinion, the owners of the clippers had better apply to Government for letters of marque, and take the law into their own bands!

Yours obediently,

THE RED ROVER. 16th May, 1839.-Hurkaru May, 17.

I feel assured that it is from this species of cant, the claim of the Opium dealers are most likely to suffer, while it must be difficult to stem it, fostered and augmented as it will be, by the British and India Governments, who will alledge the unworthiness of the objects, as the excuse for with holding the compensation. If this manoeuvre be resorted to, it should be met by a firm and clear exposition of the merits of the case, and the relative position of the parties.

It can be shewn from the 30th, 31st and 32nd sections of the late Indian Act, 3rd and

4th Wil. 4th c. 85, that the Board of Control subjects. The 6th section enables the King have the fullest knowledge of, and power over, "to give to the Superintendents, powers and all the Acts and Regulations of the Court of authorities, over, and in respect of the trade Directors and Indian Governments, and there- and commerce of His Majesty's subjects, withfore, the Board is taxed with having sanction- in any part of the said dominions, and to make ed whatever it permits to remain unrepeal- and issue, regulations, touching the said trade ed. This responsibility also extends to the and commerce, and for the Government of His Queen's Government, for a Cabinet Minister Majesty's subjects within the said dominions, and presides at the head of the Board. The Par- to impose penalties, forfeitures and imprisonments liament have likewise similar controling pow for the breach of any such directions or regulaers and means of knowledge, for by the 51st tions." Here by the statute, Captain Elliott section, their right is preserved to legislate had full power to issue the order which he for India, and all the Laws and Regulations did, and to enforce obedience to it. But the which may be enacted in this country are di- common law will carry the matter much furrected to be laid on their table. ther. The act confers on the Superintendents a power of issuing proclamations in particu This, Sir, establishes sufficiently for my arlar cases, and therefore the whole law as to gument, that species of direct privity, subsis- proclamations in England will be applicable ting between the British Parliament the Eng- to British subjects in China. The Statute 1, lish Cabinet, and the Indian Government, that Edw. 6th, c 12, repealed the infamous Act of if the latter could not reject a claim by an the 31, Hen, 8th, c. 8, declaring that the Opium trader, on the sole ground of the ille King's proclamations should have the force of gality of the trade, the two former would be Acts of Parliaments, and therefore the motion equally precluded from putting forward a si- stands, that the King cannot create an offence milar objection. The position of the parties which was not an offence before; ubi non est is this, the Indian Government have created, lex, ibi non est transgressio. (12 Coke 75) But and supplied the trade and profited by it, the says, Mr. Justice Blackstone, "though the Parliament and Cabinet have given it their making of laws is entirely the work of a dissanction, the trader has been merely the per- tinct part of the legislative branch of the soson employed, and through whose exertions this immense revenue has been obtained.

Under this state of facts, looking at the ques tion in a moral and legal point of view, I broadly lay down, that the Parliament, the

vereign power, yet the manner, time, and circumstances of putting those laws in executiof the executive Magistrate. And therefere on, must frequently be left to the discretion his constitutions and edicts concerning these

Cabinet, and the Indian Government, are by points, which we call proclamations, are bindevery principle of justice, estopped from ob ing upon the subject, where they do not either contradict the old laws or tend to establish jecting to the claims of the Opium Merchant, new ones, but only enforce the execution of on the ground of the illegality, or immorality, such laws as are already in being in such manof the trade. Viewing it as a moral question, I ask, would it excite any thing but laughter, 270.) This is precisely the present case, the ner as the King shall judge necessary." (1 Com. should we hear a man, who had supplied a law in being was, that the Superintendent highwayman with weapons, charging him 400 per cent. above their value, proceed to edify night issue directions and regulations touchthe thief with a lecture on the crime of robing the trade, and for the Government of Her bery which he was enabling him to commit: but as a legal question, what is in the traffic contrary to English Law which could prevent the Company from suing or from being sued, for transactions which might arise out of the

trade.

Majesty's subject. This is what he has done, to obey was the duty of the subject, to have The right to order, the injunction to obey, are disobeyed would have been to incur a penalty. distinctly defined, if there be error of judgement (no matter how gross) in the order given, the concquences must fall on those who conIf this clears away the objection which I ferred upon an incompetent person, the power have classed under the head of cant and hum-to make orders, but not upon these who un. bug, I come next to the question of the relative duties of the Sovereign and the subject, as applicable to this case.

der penalties were enjoined to obey. There can be no doubt that under the authority of this Act, and his commission, Mr. Elliott might have forbid the,Opium trade altogether, The whole point turns on the proclamation and imposed penalties upon, and imprisoned of Mr. Elliott, his right to make it, and the those who disobeyed his orders, but as he necessity of obeying it. The 3rd and 4th Wif. could only act according to English law, he 4, ch. 93, sec. 5* enact "that it is expedient for could not confiscate the Opium, which had the objects of trade and amicable intercourse been previously brought to China without any with the dominions of the Emperor of China. breach of English law. He considered it that provision be made for the establishment of necessary for public purposes, that it should British authority in the said dominions;" and be given up to him. As the Queen's Repre it proceeds to authorize the appointment of sentative, and under the authority with which Superintendents of the trade of His Majesty's he was vested, he made his requisition, the holders of the Opium acknowledged his au

Printed in the Bengal Almanac of this year, Ap- thority, and surrendered their property on the pendix I, P. P. 33, 34, terms proposed by himself, how can it then