Page:Journal of the Straits Branch of the Royal Asiatic Society (IA journalofstra23241891roya).pdf/213

 interferes with justice in behalf of a murderer, let this crime be punished by death, and no other. Banishment is the next in order. Solitary confinement proportioned to the degree of the offence or pertinacity of the offender in his criminal course seems the least objectionable of all sorts of punishment. Disgrace may also be a form of punishment, but much caution is required in this respect lest a too frequent enforcement of the punishment destroy the feeling which can alone make it a punishment. Personal chastisement is only for the lower orders who are incapable of feeling the shame of disgrace and may probably be had recourse to in cases of wilful perjury where the falsehood of the witness is palpable and his object particularly mischievous. In all cases let it be considered as no less an object of the Law to afford redress to the party injured than to punish the offender. Compensation should in all cases, where it is possible, be made to the injured party to the extent of the means of the offender, as in the case of the Malay Bangoon where when the father is murdered the family are entitled to pecuniary compensation for his loss.

(Signed) T. S. RAFFLES.

With these views and principles the Lieutenant-Governor has this day transmitted to the Acting Magistrates such a graduated Scale of Crimes and Punishments as appears to him sufficient to meet the existing circumstances of the Settlement and to answer the end of substantial justice, with instructions that they will duly deliberate on the subject and after such revision as their local knowledge and experience may suggest, submit the same to the Chief Local Authority with their opinion, and in the form of a Code of Laws to be established for the Settlement and to be in force after publication by the Resident until rescinded by a higher Authority, or altered under the provisions laid down for the enactment of local Laws and Regulations.