Page:Journal of the Straits Branch of the Royal Asiatic Society (IA journalofstra23241891roya).pdf/205

 the Englishman and Chinese, the Bugguese and Hindoo, and the like. On the other hand, to apply the law of Europe direct, with all its accumulated processes and penalties, to a people of whom more than nine-tenths will probably be natives of China and the Malay Archipelago, would be as repugnant to universal and natural justice as it would be inconsistent with the benevolence and liberality which has ever marked the British rule in India.

Under these circumstances, nothing seems to be left but to have recourse to first principles, to use every precaution against the existence of temptation to crime that is found consistent with the perfect liberty of those who have no evil intentions, and when these precautions fail, to secure redress to the injured party, when possible, and such punishment as will be most likely to prevent a repetition of the crime, either by the party himself offending, or by those who may be inclined to follow his example. Nothing should be endured in the Settlement, however sanctioned by the local usage of particular tribes who resort to it, that has either a direct effect, or notoriously strong tendency to endanger the safety or liberty of person or the security of property, and in the same manner no want of what are considered legal formalities in any country should debar a person from having substantial justice rendered to him, so that legal and moral obligation may never be at variance.

Taking this as the fundamental principle for the Laws of the Settlement, it may be presumed that no local Regulation would be enacted that the society if left to themselves would not desire to see carried into effect; no public institution or source of expense would exist of which the benefit was not obvious to the enlightened part at least, if not to the whole body of the community, who would therefore soon feel that the Government was not made to tyrannize over the people, but for their protection and happiness.

Under such a system of administration, it is not unreasonable to expect that every facility would be afforded by the mass of the population to the Executive in carrying the Laws into effect, for even the midnight robber and swindler have no