394
JAPANESE IN FORMOSA.
[June 15, 1907.
+
THE HONGKONG WEEKLY PRESS AND
effective meaning of such customs even Government had raised into a colonial though they come to him in a foreign shaps, tradition. Even without going back to the and often he can by his judgments properly lamentable results of the Georgian policy of explained to the natives, gradually modify Colonial Taxation, there were later episodes them and improve upon them where they that seemed to indicate that the wishes and require alteration without entirely ignoring || interesta of the Colonies were not al. them. By this means the natives are
ways paramount in the minds of home by degrees brought to sympathise statesmen, and examples as in the New- with the principles of a more enlightened foundiand fishery affair, where Colonial jurisprudence without having their pre- wishes were deliberately set aside, without judices roused by seeing cherished customs even the courteous preliminary of saying altogether set aside. It is not unnatural "By your leave, Gentlemen were not that men who have been imbued with more likely to increase the confidence of the advanced ideas are inclined to set aside such Colonies in a British Council. Thoughts customs altogether; but experience proves like these were evidently at the bottom of that such drastic measures are likely to the seemingly needless declaration that no lead to disappointment and possibly to resolutions of the Conference should have trouble. Much may be done, as above executive authority, and show how very pointed out, by a gradual modification far still the Empire is from practical con- of the principles upon which a half civilised federation. In fact the home country will and subject people have long proceeded. have much to do to compensate for the In the main such customs are really a first backway made within the last eighteen attempt at securing the main principles of montis by the Government of all the justice; and with a little tact and skill they talents. Perhaps after all it is best so, for can be brought more and more into accord if the Conference had been held under Mr. with those of civilised nations.
BALFOUR'S Administration by which it had been arranged, many of these safeguards since found necessary would have been neglected, and an entirely wrong opinion of the functions and powers of the home Ministry of the day caused a disastrous break up when first the Conference met to discuss real business.
(Daily Press, 10th June). The Japanese are evidently not having an easy task in their endeavours to introduce something in the form of law and order among the unruly inhabitants of Formosa. According to a book written by Mr. TAKEKOSHI, & member of the Japanese Diet, which has formed the subject of some notice, it would seem that any attempt at establishing a system of civilized law into the country would be completely hopeless and the only thing to do has been to make a compromise and to deal with the natives according to their own customs, as far as it is possible to administer them. To this system, however, Mr. TAKEKOSHI is some- what strongly opposed, and he has expressed his hope that it may be possible to do away with it at an early date. This view of the subject is natural on the part of one who | has an acqua ntance with the principles of civilized law; but at the same time it will probably be found desirable to adhere to the plan which has been adopted and not to attempt to improve upon it, by any too rapid or violent change. Experience in other places has proved that it is possible under circumstances similar to those exist- ing in Formosa, to administer justice in a fair and equitable manner, while adopting many of the customs of an inferior race. The plan is not by any means new. Indeed it is as old as the Roman Empire, where law was wisely administered, among the conquered nations, largely according to to the customs which they recognised, tempered, however, as far as possible by the more advanced principles of Roman jurisprudence. The same plan has been resorted to in India and in some of the British Colonies, and has been found to work satisfactorily. It speaks well for the statesmanly instincts of the Japanese that they should bave seen the advantage of making use of this stepping stone to a more satisfactory system when the time for its adoption shall have arrived. There would seem no reason to doubt that it may be as satisfactorily worked in Formosa as it has been elsewhere. The great advantage of such a system is that it has the support of the natives themselves; and that, by adopting it, it is possible to obtain the natives' concurrence in carrying it out. In Formosa the natives are generally spoken of as savages, and unfortunately the term applies in its strictest sense to a portion of them, the hill tribes who re- gularly live on plunder, and among whom no one's life is safe. But there is a large portion of natives, who though of a low cale of civilisation, are not completely savage. They at least have certain recogn- ised customs by means of which a rough kind of justice is maintained among them- selves; and it is well worth while making the attempt to use these as a tasis upon which the Courts may act in settling their disputes and maintaining order.
Of course there are limits beyond which a system of this kind cannot be carried; and it is the part of those who have to apply it to see that no custom manifestly unjust is acted upon. There is at first some difficulty in ascertaining with accuracy what really are the customs, but this difficulty is usually got over by consulting the persons who are recognised by the people themselves as authorities on this subject. This is the plan which is resorted to in certain cases in India and which has long been adopted with success in the Colony of Natal. Indeed a judge well informed upon general principles of juris- prudence, can without difficulty grasp the
THE IMPERIAL CONFERENCE.
(Daily Press 11th June). That the Imperial Conference of the Colonial Premiers was not altogether a success is undeniable, and to account for this there were doubtless more than one sufficient reason. Perhaps of all these the
most efficient was the fact that however of
late the individual members tried to disguise it, the Government presided over by Sir was dis- HENRY CAMPBELL-BANNERMAN tinctly out of sympathy with the movement. Still the little that was done was on the whole satisfactory, so far as it went, and that may be accepted as as much as could be expected considering the antecedents of His Majesty's present administration. As
a matter of ft, indeed, it was only the universal display of a public opinion in favour of the objects of the Conference that at the last moment determined the Little Englanders of the Government to allow their preconceived ideas of centrifugalism to remain for the nonce, at least, in abeyance. Another potent factor was doubtless that dislike to innovation, and a prevailing desire to safeguard the first step, which is instinctive in the race, and which prevails through the even wider degree than Colonies to an at home; and which with the principal Colonial premiers, and more especially with Sir WILFRED LAURIER led to a hesitancy about the very first step hat seemed con- trary to his usual quickness of grasp. Two important things with regard to the future of the Conference have, however, been settled; the first of this is that it is to be abiding and not sporadic; the second, that it is to le Imperial and not werely Colonial, and as such to be presided over by the Premier of England as senior, and not by an elected President, nor by the head of the Foreign Office, whose stitus as chief only of a subordinate office must carry less weight than that of the head of the Govern ment of the day. The first of these carries with it the intimation that the British Premier sits as primus inter pares, not as one outside whose authority was exoteric. It was evident that behind all there was a feel- ing of reserve on the part of the Colonial representatives, not altogether without justification from history, that beneath the shadow of what was proposed to be called a a "Council" there lay hidden the germs of what might at some time or other be avail- able for interfering with that autonomy of action which the direct conduct of the Home
Fortunately, too perbaps, the late Con- ference has had nothing more important to discuss than preferential Tariffs. Here
the Conference was sure to come at cross
purposes with the presen: Government, but the effect, notwithstanding the attitude of the Government has been on the whole satisfactory, and there is no doubt that the opposition to a reform of the Tariffs as between the Home Land and the Colonies has sensibly weakened. Most of the Home constituencies had never, in fact, heard the subject discussed outside the Hustings, where of course each party confined itself in great measure to its party cries of the day. To hear the subject spoken to and discussed by statesmen altogether outside the ring of mere English politics was to the majority of people in England a new reve lation. To the Premier of the Common- wealth the effect of the discussion on the intimate relations of Unionist, Liberal, or Radical was of no interest whatever; its effect on the Empire at large, and the relations between the Home country and the Commonwealth were all that concerned him in his representative Character, and that he should have spoken on this subject with no half-hearted reservation will be accepted throughout the Home country as a clear indication that there is something more in the policy urged by Mr. CHAMBERLAIN than the experts of the Cobden Club would have the people of the British Islands believe.
Another subject of interest. discussed at the Conference cannot be passed over in the most superficial review without notice, and that is the by no means satisfactory con. dition in which the Permanent Secretariat has been arranged. From the general drift of the discussions it was apparently intended that it should form an entirely independent section of Government, free from party control. This under the system in the end hurriedly adopted is only very partially the case. It is, in fact, to be merely a section of the Colonial Office, and responsible to the Colonial Secretary for the time being. It is true the scheme was left unfinished, and what is perhaps more to the purpose, there was no precedent to go on. The very essence of an Imperial Department is that it should ne entirely outside of party politics, but probably the step was too wid