10 AN OLD MINUTE BY SIR STAMFORD RAFFLES. 



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 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 prosecu- 

 ting a criminal by considerations of humanity. No feeling 



