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ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
22678.
60
SIR,
No. 41.
BECHUANALAND PROTECTORATE,
HIGH COMMISSIONER SIR ALFRED MILNER to MR. CHAMBERLAIN.
(No. 502.)
(Received October 10, 1898.)
Government House, Cape Town,
September 17, 1898.
WITH reference to your Circular despatch of 25th May, 1897, and to your despatch "General" of 29th July last,* I have the honour to transmit, for your in- formation, a copy of correspondence with the Resident Commissioner of the Bechuana- land Protectorate respecting the punishment of flogging inflicted on criminals, which, I regret, has not been forwarded to you before.
I have, &c.,
A. MILNER, Governor and High Commissioner.
Enclosure 1 in No. 41.
From the RESIDENT COMMISSIONER, Mafeking, to the HIGH COMMISSIONER, Cape Town.
Resident Commissioner's Office, Mafeking, (No..87/H.C.)
August 7, 1897.
SIR,
In reply to a Circular despatch of the 25th of May last from the Secretary of State, on the question of flogging as a punishment for crime and more especially as a punishment for prison offences, I have the honour to enclose, for Your Excellency's information, copies of reports from the Assistant Commissioners at Gaberones and Palapye, together with a copy of a special report from each of those officers, of the nature suggested in paragraph No. 9 of Mr. Chamberlain's despatch.
With reference to case No. 2 in the special return from Gaberones, I have the honour to enclose a copy of the endorsement made by me on the record, which suffi- ciently sets forth the principle on which I have been accustomed to act in authorising the infliction of corporal punishment. I believe I am correct in saying that Sir Sidney Shippard followed these lines in reviewing cases of capital punishment, and that in the earlier days of British Bechuanaland it was often necessary for him to reduce the number of lashes or to remit the sentence of flogging altogether.
In considering the general question of the use of the lash in this country the fol- lowing circumstances should be regarded:-
-
(1) Imprisonment with hard labour is not a very severe punishment for natives, especially in provincial or district gaols. In these hard times of drought and famine a prisoner in Palapye Gaol is as well off as the starving Masarwa at liberty but with There is no system of solitary confinement, as the nothing to eat but roots or offal. accommodation in gaols is limited. I think, though, that a certain variety of punish- ment might be more frequently employed in the Protectorate, namely, the infliction of a I know that natives par- spare diet, e.g., of rice water two or three days a week. ticularly dislike this, and in the district of Vryburg, where it was regularly resorted to, especially in the case of refractory natives, it was a most effectual deterrent. I propose to suggest its adoption on suitable occasions.
I beg to submit the following remarks on the model prison rules enclosed in the Secretary of State's despatch:-
(1) I would suggest the addition of one offence to those specially mentioned, namely, "malingering." When it is known that a prisoner is liable to this punishment for this offence, which may, perhaps, not be considered to come within "(C) other extraordinary acts of insubordination," it will be found that the general health rate of prisoners will be high. Any native (there is no "criminal class ") confined in gaol will do anything if he can get food and clothing and shelter without having to work, and
961497 not printed.
:
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the medical officer would only take proceedings in cases of "malingering" with a view to corporal punishment when he was satisfied of the fact.
(2) The number of strokes inflicted has never been more than 25. The instrument used is the Regulation Cat, furnished from the Cape Government.
(3) This rule is invariably followed.
(4) The return will be forwarded for the future.
I have, &c.,
F. J. NEWTON,
Resident Commissioner.
His Excellency
The High Commissioner, Cape Town.
SIR,
ACTING ASSISTANT COMMISSIONER to RESIDENT COMMISSIONER.
Palapye, July 9, 1897. With reference to Your Honour's minute, No. 728, of the 5th instant, covering a Circular letter from the Secretary of State upon the subject of flogging, in the Colonies, as a punishment for crime, I have the honour to report as follows regarding this dis- trict:-Flogging is only administered in very exceptional cases where other punisn- ments have failed, or where it is impossible to administer any other adequate form of As Your Honour is punishment owing to the structural arrangements of the gaol, &c.
aware the construction of the gaol is very primitive; it is generally full, and solitary confinement is an impossibility. Imprisonment in itself, is, in reality, very little punish- ment to a Bechuana thief or other criminal; he is well fed, compared to the state of semi-starvation in which (owing to drought, &c.) he often lives, and he is as well housed as in his native hut.
Thieving has been very common amongst the Bamangwato, and an occasional flog- ging, in exceptionally bad cases, has a salutary and deterrent moral effect. Lashes, when combined with other punishment in an original sentence, are never carried out, as you are aware, until confirmed by the Resident Commissioner. Flogging as a punish- ment for infringements of the gaol regulations, is only resorted to when, for the reasons before stated, it is the only punishment possible for serious breaches of discipline, and
for insubordination to guards, warders, or other officials, the due maintenance of whose authority is an absolute essential.
I enclose herewith a form showing the number of cases of flogging in this district during the year ending 30th June, 1897.
His Honour
The Resident Commissioner, Mafcking.
I have, &c.,
F. W. PANZERA, Acting Assistant Commissioner.
No. of
Lashes.
By whom Awarded.
By whom Confirmed.
STATEMENT OF
CASES IN
WHICH
THE PUNISHMENT OF FLOGGING YEAR ENDING JUNE 30, 1897.
WAS AWARDED, AT PALAPIE, DURING
Offence for which Lashes were Awarded.
62
17-7-96 John (2).. 28-7-96 Ramultaka
12-8-96 Erasmus...
Contravening Section 3, Act 5, 1866 (escaping from gaol) Contravening Section 3, Act 5, 1866 (escaping from gaol) Contravening Section 3, Act 5, 1866 (escaping from gaol)
25
J. A. Ashburnham, A.C.
F. J. Newton, R.C.
25
J. A. Ashburnham, A.C.
F. J. Newton, R.C.
25
J. A. Ashburnham, A.C.
F. J. Newton, R.C.
29-1-97 Erasmus...
Malingering
10
J. A. Ashburnham, A.C.
---
F. J. Newton, R.C.
...
6-1-97 Joseph
12-1-97 | Marupe
Creating disturbance in cell, and using obscene language Two cases of breaking into premises
10
25
6-2-97
Bogosin
Theft of liquor
15
8-3-97
John (2)...
Theft whilst a convict
15
:
22-3-97 | John (2).....
22-3-97
John (2).....
27-3-97 Ramapeli
27-3-97 Ramapeli
29-3-97 George
Contravening Section 3, Act 5, 1866 (escaping from gaol) Two cases of breaking into premises, and stock theft Contravening Section 3, Act 5, 1866 (escaping from gaol) Stock theft
15
J. A. Ashburnham, A.C.
W. H. Surmon, A.R.C.
25
J. A. Ashburnham, A.C.
W. H. Surmon, A.R.C.
15
J. A. Ashburnham, A.C.
W. H. Surmón, A.R.C.
15
J. A. Ashburnham, A.C.
W. H. Surmon, A.R.C.
Contravening Section ii., į (1) Theft of liquor; (2) Supplying Proclamation, 41-92. 7 liquor to natives.
25
J, A. Ashburnham, A.C.
W. H. Surmon, A.R.C.
21-6-97 Bengoula
21-6-97 Quenagai
Using abusive language to Native Constable Tom Using abusive language to Native Constable Tom
10
F. W. Panzera, A.A.C.
W. H. Surmon, A.R.C.
10
F. W. Panzera, A.A.C.
W. H. Surmon, A.R.C.
9 3 4 4 4 0
J. A. Ashburnham, A.C.
J. A. Ashburnham, A.C.
J. A. Ashburnham, A.C.
J. A. Ashburnham, A.C.
F. J. Newton, R.C.
F. J. Newton, R.C.
W. H. Surmon, A.R.C.
W. H. Surmon, A.R.C.
Date.
Name,
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