Page:Journal of the Straits Branch of the Royal Asiatic Society (IA journalofstra23241891roya).pdf/212

 of the decree after judgment may be passed.

It is well known that the Malay race are sensibly alive to shame, and that in many instances they would prefer death to ignominy. That is a high and honourable feeling and ought to be cherished; let great care be taken to avoid all punishments which are unnecessarily degrading. Both the Malays and Chinese are a reasoning people, and though each may reason in a way peculiar to themselves and different in some respects from our own way of reasoning. This germ of civilization should not be checked. Let no man be punished without a reason assigned. Let the principles of British Law be applied not only with mildness but with a patriachal [sic] kindness and indulgent consideration for the prejudices of each tribe as far as natural justice will allow, but also with reference to their reasoning powers however weak, and that moral principle which, however often disregarded, still exists in the consciences of all men. Let the native institutions as far as regards religious ceremonies, marriage and inheritance be respected when they may not be inconsistent with justice and humanity or injurious to the peace and morals of society.

Let all men be considered equal in the eye of the Law.

Let no man be banished the country without a trial by his peers or by due course of Law.

Let no man be deprived of his liberty without a cause, and no man detained in confinement beyond 48 hours without a right to demand a hearing and trial according to due course of Law.

Let the people have a voice through the Magistracy by which their sentiments may at all times be freely expressed.

In fixing a scale of punishments, the first principle to be attended to is that they should be so graduated as to attach to each particular crime its due and relative punishment according to its enormity, and with regard to the nature of the punishments they should be as mild and humane as the general security of person and property admits of. Severity of punishment defeats its own end, and the laws should in all cases be so mild that no one may be deterred from prosecuting a criminal by considerations of humanity. No feeling