The Archive · 1872

United States Consul

Tue Caisese Goversaenr v. Messrs, Hxpcr & Ca, The Tautai opened the case for the Government by reading what purported to be Indictwment," drawn by Mr. Noetzli, as follows "The Chinese Government claim to con-"'ficate two Unregistered. Cargoboats be-"longing to Messrs, Hedge & Ca., formerly "registered as No. 7 and No. 11, One of "them has been seized by the Customs; the seizure of the other was prevented by' the "U.S. American Consul having put his "constable in charge -of it, and the cargo, "about 700 piculs of coals, or its value, al "belonging to Messrs. Hedge & Ca., fetch al "and carried in the aforesaid unregistered "boats from Quantow; for breach of Cus-"toms Regulations III and X, and for the "evasion of the payment of duties due to "the Chinese Government."

Mr, Duss, representing Messrs, Hedge Ca., with permission of the Court objected to the last clause of the charge, on the ground that, in the official letter of Mr. Noetzli to the defendants, notifying them of the seizure, no question of duties had been raised. He produced the letter and explained to the Court that the seizure of the boat had been ordered for alleged violation of Customs Regulations 3 and 10." He was prepared, he thought, to show that the action complained of was not a violation of any regulations, but to refute the charge of evasion of duties would involve the calling of witnesses &e., which would juire time.

fr. Dz Lave! thought that in accordance with rule 2 of the confiscation regulations, the notice of seizure should have specified every irregularity alleged to have been committed, and that the last clause of the plaint should be withheld, to which the Mr. Nogrzir was then called upon to give evidence for the prosecution, which consisted of the following atatemen Mesers. Hedge & Ca., an American firm, carrying on a storekeeping and lighter business at Foochow, applied to me in the beginning of December last for permission to send registered boats to bring wp te Pagoda "Anchorage, fron a, Chiness junk anchored at Quantow, a cargo of coals, which they averted had boon purchased by them there.

"At an interview I had with Mr. Donn, a partner in the firm of Hedge & Ca, I consented to, give the, special permission, provided that he would agree to pay clu! on coals to this office (the Maritime toms). This Mr, Dunn refused to do, forming mo that he would take the risk two old. cargo boats (having their registry cancelled) being confiscated, and place the matter in the hands of his Consul for settlement. Mr, Donn acknowledged to me, at the interview, that the object Messrs, Hedge Ca. had in' view in bringing coals from Quantow was to avoid the payment of, the charges, called by him Mast Dues," to which Chinese owned boats would be liable at Mingan, if brought up. there by them. Messrs. Hedge & Ca. having made a wit ten request to have the registry of their two cargo-boats Nos. 7 & 31 cancelled, I wrote, acknowledging the receipt of their letter, and, again pointing out to them the illegality of their intended action. Ibased argument on the existing Customs Kegult tions. (Here Regulations 3 and 10 were quoted).

Text read from the printed page and cleaned; old type leaves the occasional error.

Your account