228 Life and Letters of Francis Galton 



J. acts well on the whole, it will be known, if ill, also. No enquiries need be made 

 into special cases. It is the office of a Captain to take the labour and anxiety of 

 judwino' on himself. A man who does not do so is not fit to be a chief. 



(3) Better ten guilty escape than one innocent suffer. 



(4) Against the practice of retaliation (indiscriminate). 



(5) Speak very strongly about this — it shows the Namaquas are cowards — say 

 they are drunkards too. 



(6) Very much punishment must be left to the discretion of the judge; this 

 explains the principles on which it is regulated. Crime is never checked by severe 

 and uncertain punishment. If too severe it raises sympathy on behalf of the criminal 

 and the laws are hated. 



(7) Speak much on the advantages of certainty and quickness of punishment 

 towards checking crime. 



(8) J.'s simple justice. J. must not keep the [stolen] cattle for himself, but return 

 the stolen — and half the "Regt's Beesten'" to the Damara. 



(9) I conceive that in the long run the "Regt's Beesten" will defray the costs 

 of justice. A sufficient number of the stolen cattle must of course be found to warrant 

 acting under this law. 



(11) To receive oxen in compensation for punishment would be in most cases 

 simple bribery in order that oxen might be stolen. J. might be glad to have a watcher 

 killed that he might demand oxen. 



(12) Great honesty must be shewn in regard to the "Pand Ossen" and simple 

 suspicion must never warrant their being taken. Culprit must be brought to Jonker's 

 place to ensure a cool enquiry into the case and proven identity. 



N.B. For frequently repeated thefts stronger measures must of course be taken. 

 (15) AlludeagaintoNo.il. Police Badge. 



Here follows Galton's code^ put into the mouth of Jonker and 

 read out in Dutch to the assembly : 



(1) I have pledged my word to the English Government that I will act hence- 

 forth according to law towards the Damaras. 



(2) Now I give these laws for myself and for my people. 



(3) I will not treat the innocent as I ti'eat the guilty. 



(4) I will not fire off an innocent werft to make amends for stolen cattle. 



(5) I will not allow that women and children have their hands and feet cut ofi" 

 and suchlike mishandlings. 



(6) I will not punish a thief with death, and I will not give heavy punishments 

 for small offences. 



(7) But I shall do my be.st that no offence against me or my people shall remain 

 unpunished. 



(8) I will also punish my own folk, who do injury to the Damaras, with the same 

 penalty and law as I punish the Damaras with, who do injury to me or my people. 



' I.e. the judicial fine measured in oxen. 



^ The Dutch version is in the folio volume; a much overwritten and rewritten English 

 original in one of the pocket-books in Galton's hand. 



