Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-05-04

right in demanding cannot be doubted for by their
own laws, supported by every known principle Of
international right and common justice it was for
feted the moment il entered their waters and they
would have been justified in sezng IT, and in punish
ing those who imported il with the severest penal.
ties attached to the offence.
Aud there can be doubt but the detention of
Captain Elliot was in strict accordance with the
laws of nations, and that the circumstances more
than justiied it. He the superintendent of Brit
ism trade In Chna and one OF his highest and most
sacred antiss as an officer was to those under
his control to respect and obey the laws Of that
tion And how was this litigation on his part per
formed He we'll knew that the Introduction of
opium was illegal and that he was bound TO pre- mt
its importation by British merchants; and vet he
suiered-nay, encouraged and openly sanctioned II,
and by SO doing made his own gov eminent respon.
soe Tor ITS continuance and compelled Great Brit
AIM as an honorable and enlightened power either to
recall him, and disavow his acts or to bear the con-
sequences OF the continued outrages committed
against the acknowledged rights of an independent
state.
His official character did not exempt him from
amenability to Chinese laws. He was CONNER
cial agent, with commission to watch over the
commercial rights and privileges Of his nation, and
was not such public minister as to be entitled to
the privileges appertaining to that character, nor
was he entitled to the special protection of the law
of nations any greater degree than consul whose
powers, duties and liabilities, his much resembed.
tAs laws Of China, while within its jurisdiction, and
could not, like ambassador other public iplo-
matte minister, claim exemption from them on &C.
count OF the commission with which he was in
vested.
The right, then, Of the Chinese to detain him,
even on suspicion of his encouraging or counter.
ancing the opium trade, was perfectly clear; and
when the ground upon which he was imprisoned
amounted to certainty that he was, by his Official
aiding and promoting it through British
erchants, by whom more than nine -tonths Of it
carried on, will il for moment be contended that
the high commissioner was not perfectly justified
in the measures he adopted.
For the purpose of engaging in the trade opened
on the fourth of May, it became necessary to exc
cute bond tina, any ships trading to Canton after
the autumn Of 1889, which, upon examination, should
be found to have opium on board, shoald, together
with the cargo, be confscated and the parties left
TO suffer death by the laws Of China. A readiness
to comply with this requirement was Immediately
expressed BY Mr.. Snow, the consul for the United
States, and Van Basel, the Dutch consul, and they
advised the merchants of their respective countries
to sign the bond, and renew the suspended trade.
But the solemn mockeIy Of jastice, and the gross
violation Of the national rights Of China of which
Captain Elliott had been long and crImina ly gull.
ty had not ended He had regained his liberty by
disgracing his nation throughout the enlightened
world and all apprehensisns OF personal violence,
which had recently tanned him into subms sion,
were removed, and no sooner did he perceive a dis.
position the part of British merchants TO give
the required bond, than he promul gated public
tice, declaring that it was dangerous to cOnfde to
the Chinese government the admInist ratien Of any
judicial process concerning foreigners, and that the
proposed vestigation by the authorities Of China,
as. to whether foreign vessels were engaged in the
opium traffic or not would lead to excessive risk OF
their committing acts of Judicial spoliation and muir
der.
We believe this to be the boldest act Of wuwarrant-
ed insolence ever perpetrated by any pnbc officer
of foreign state, against the dignity OF sovereign
and Indcp ndant power; and not only did il show
determination to insult the Chinese emperor and ma
ton but it betrayed the most abect ignorance OF the
foundation and principles Of national Jurisprudence,
and the universal law of nations.
BY what mode, we would ask Captain Elliott, was
it TO be ascertaned that ship had opium board,
ualess the authorized officers OF the Chinese gov
ernment were permitted To conduct the investga-
ton, and by hat laws the offenders to be pun
isbed unless by those of China? Were they to be
sent to England and there tried With Just the same
show Of propriety and Justice could the
Of this country demand that any of her citizens Ia
ken in the act Of smuggling goods into Great Britain,
should be transported here for that purpose.
The offence is only against the laws of the nation
in which il is committed; and merchant Of the
United States OF England, who has been engaged in
Canton as smuggler of opium for half his lite, has
been guilty OF nfraction Of the laws Of his native
land, or Of international right.
Nor could the execution OF the bond vary in the
Last degree the liability Of the offenders to be pun
shed il found guilty, strengthen the right Of the
Chinese authorities 90 search the vessels Of all for
eigners within their waters Ter discovery OF the
full penalty Of the laws they had outraged. The
maratime regulations Of the empe ror, broad
and severe the terms and import Of the required
bond and the onlv object In demanding D. must have
beenlto prevent recurrence OF the old excuse, that
" the foreign merchants were ignorant Of the exist
ence Of auy prohibitions against the opium traffic,
and Of the penalties o which those engaged in it
were liable"
Subsequent notices Of Captain Elliot. soon follow
ed, in which he expressed himsalf to be entirely
without confidence In the justice or moderation OF
the Chinese government, declared that il had re-
fused fulfil the most solemn obligations, and used
language entirely devoid of courtesy, respect, or
even dscency, that should its like character be en-.
ployed against our government by the British minis
ter at Washington, his sovereign would be bound to
recall him; and upon continued neglect to do this,
IL would then become the imperative and sacred duty
Of executive, for the preservation OF national
dignity. To order him to leave the country, for
breach Of his privileges in insulting the power to
which he had been sent as an ambassador.
On the Eth Of June, aspecal'proeiamatIon was rs
sued, by order OF the high commissioner, stating that
all the opium, had been surrendered and that fsregn
ships were at liberty to engage in honorable traffic
and strongly vited all OF them to embrace the OPP
and not be deferred from II by The repre-
senaions aud ad rice OF the British superintendent.
But the latter had expressly enjoined the subjects
of Great II itain against executing the preliminary
bond, and had required all British shipping to an
Choir of Macao and not TO enter the port OF Canton
The British merchants resident at the latter place,
were recommended to leave under his direction; and
on the 23d June, with two three exceptions,
but Americans resided in Canton; and since the
opening Of the trade, none but American ships had
entered the port, and these, cOnsisting OF ten or
eleven in number, had, according TO the Chinese Re
posifor found difficulty In carrying on tue trade
as fornerly All the English merchants had gone TO
Macao, which 10 occupied and defended ny the Por.
tuguese and after remaining there short time, had
embarked on board their vessels, with their property
and vaIuablcs,
On the 3ist Of August, the imperial commissioner