The Golden Chersonese and the Way Thither by Isabella L. (Isabella Lucy) Bird
page 237 of 382 (62%)
page 237 of 382 (62%)
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the custom by which a man can best suit his own inclination.
So it seems that a most queerly muddled system of law prevails under our flag, Mohammedan law, modified by degenerate and evil custom, and to some extent by the discretion of the residents, existing alongside of fragments of English criminal law, or more perhaps correctly of "justice's justice," the Resident's notions of "equity," overriding all else.* Surely, as we have practically acquired those States, and are responsible for their good government, we ought to give them the blessing of a simple code of law, of which the residents shall be only the responsible interpreters, modified by the true "Malay custom" of course, but under the same conditions which are giving such growing satisfaction to the peoples of India and Ceylon. [*A Colonial friend tells me that he asked an English magistrate in one of the native States, by what law--English, Colonial, or Malay--he had sentenced some culprits to three years' imprisonment, and that the reply was a shrug, and "The rascals were served right."] The oaths are equally inscrutable, and probably no oath, however terrible in formula, would restrain a Chinese coolie witness from telling a lie, if he thought it would be to his advantage.* [*Sir Benson Maxwell, late Chief Justice of the Straits Settlements, to whose kindness I am much indebted, wrote to me lately thus: "In China I believe an oath is rarely taken; when it is, it is in the form of an imprecation. The witness cuts off a cock's head, and prays that he may be so treated if he speaks falsely." "Would you cut off a cock's head to that?" I once asked a Chinese witness who had made a statement which I did not believe. "I would cut off an elephant's head to it," he replied. In the Colonial courts, Chinamen are sworn by burning a piece of paper on which is written some imprecation on themselves if they do not speak |
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