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ders of more tender years. Now, I have had to consider whether I would introduce the important changes recommended by the Committee, whether I would direct the. canvas protection that they say should be used to be employed in future, and whether the cat should be used without knots as they say. If I should order this, one effect would be that it would reflect very seriously on every sentence of dogging that had been carried out before. If all this protection is necessary, and if the knots are to be taken off the cat, what about all the floggings that took place bofore?
The COLONIAL TREASURER-The canvas evering was used beforo, your Excellency, by * myself.
His EXCELLENCY-No doubt my hon. friend may have used it, but it was not used by others. Mr. Tonnochy bas introduced many reforms and improvements into the prison, but without doubt there have been mon Angged without these coverings and with the knots to which the Committee referred. Therefore, if I weTO to issue an order it would be so far a reflection on what had been done before, But that is not the reason why I decline to issne that order. I certainly could not continue in use the rattan they speak of. On seeing their report Dr. Ayres at once drew my attention to it, pointing out that a cane of shorter dimensions and less severity should be used. As the body of laws in this colony point to flogging with the rattan, and as we know what the laws of China point to, we had better rotain that punishment and not inflict a punishment which is inconsistent with our Ordinances and with the opinions of their own medical men, because there is not a single Chinese doctor who is not of opinion it is dangerous to flog on the back. Every ous knows the physical constitution of the Chinese differs from our own, just as the physical constitution of the Indian does, and every one is aware that in India no one is fogged on the back, I have laid these papers before you and entered into these details bocause it is important to re- More very sorious misapprehensions which have prevailed in the first instavce as to my action with regard to the laws of the colony. The Attorney-Ganoral is present and he will bear me ont I think when I say I would not be acting properly if permitted any superintendent of the prison to have any prisoner flogged with the cat for a prison offence, or if I allowed any person to be flogged with the cat under sentence from a magistrate. At once we dispose of by far the largest number of floggings.-- His Excellency went on to refer to the small number of cases from the Supreme Court and said that of five men sentenced by the Chief Justice three were not flogged, but the Attorney- General advised His Excellency that be had not power to alter the sentence so as to inflict the flogging with a rattan instead of the cat as ordered.
The Chief Justice explained that the ques- tions which arose was as to whether the flog- ging was to be public or private. The Governor bad the power to regulate the instrument. He thought he was bound by precedent to order the flogging to be public, but while he was at home Mr. Suowden sentenced men to be flogged in private, and he gave way, Mr. Suowden having, as it wore, overruled him,
His EXCELLENCY referred further to the grounds of his action with regard to the rattan, and with reference to a vemark which had been made on Dr. Ayres, to the effect that it was only when His Excellency came that he made the discovery about the evils of fogging on the back, s id it was due to that gentleman to state that the imputation was unfounded. Dr. Ayres having been asked by the Colonial Office to explain why he had not pointed out the erils of flogging on the back before, replied that he had called attention to it on two previous occasions. The limited question Es to the Supreme Court sentences
Was now
under the consideration of the Secretary of State, but his own recommendati a certainly was that the rattan should be usedjas in India. The Council was now aware of all that had passed on the subject, and he left the question in thoir hands.
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