t
September 4, 1905.]
That is all very well so far as it goes; and theoretically we may endorse our con- temporary's comment that " any revision |
which tends to demonstrate a more humane and lofty moral tone must be welcome 1." Our contemporary years that in China, where convicted offenders have always been able to buy their freedom and immunity from punishment, the system of fines will be misunderstood. We would go further, and say that iu very few cases will it act as a deterrent, which should be the chief object of all penal codes. There is no doubt whatever that reforms on a wide scale are neeled, as in the case of judicial torture, the acceptance of bribes, the persecution of innoceut and poor men; and the system which permits a criminal to hire or buy a substitute to un- dergo is punishment should be swept away. But while there appears to be a tendency nowadays to emulate foreign inethods of criminal jurisprudence, it is nece sary that the question of punishmen's as a means to an end should not be lost sight of. In Europe it has been discovered that the principles of humanity when adopted in too hard and fast a fashion are apt to ruu counter to the interests of justice, which means the good of the community. There is a stratum of society-perhaps, to avoid misunderstandings, we should say, of criminal society-upon which moral suasion can have no possible effect; while in certain other cases, common to both Europe and Chiua, a fine is a farce. In this Colony it. is posssible on occasiou to notice discrep- ancies of justice, which occur because the system has its imperfections. We feel incliued to suggest, in the case of the local society at present charged with the duty of persuading China to abandon the prac- tice of judicial torture, that before it di- bands, it should turn its attention to the possibility of reforming criminal procedure here. It might proceed, not on the lines of making the punishment fit the crime (that is merely the Mosaic law of an eye for an eye, etc.) but of making the punish meut fit the criminal. Here we put some criminals in the stocks, a practice long ago abandoned in England. It is maintained here because it has been found such a capital deterrent. It is possible sometimes to find a Chinaman more easily and surely touched in his amour propre than ever a bamboo could touch him through his pachydermatous hide. Euch a reform as we now somewhat vaguely foresee would involve much additional trouble, and would require that evidence should be taken as to the circumstances and character of the criminal. For instauce, a wealthy one should not be fined: other wealthy ones like-minded would he deterred by learning that he had gone to the stocks. one might be so poor that he has no pride the stocks could touch. His antecedents would be investigated, and if, as is probable, it-were found that he had some treasured
|
CHINA OVERLAND TRADE REPORT. animal ease of body. But if it were less Utopean, and the principle were admitted (as it should be but is not), we think the volume of crime would be re luced in the community adopting such a system.
À BOYCOTT SCAPEGOAT.
was read.
147
il very similar position in the promises to that enjoyed (save the murk) by the honester sort of labour lealers in England, who have always found the loyalty and intelligence of their proletarian constit- uents negligible quantities--as little to be trusted as the proverbial "favour fo princes."
SCIENTIFIC PREDESTINATION
༠༼ས
business to the bitter end they would never succeed in showing that they were in earnest. We regard this as almost an al- mission that the agitators realise how unstable are the foundations of their move- ment. Passion quickly aroused is succeeded soon by apathy. Mr. FUNG WA-CHUN sees now that if the meeting had been sanctioned (Daily Press 30th August).
and held, the reasonable members of his Yesterday there was another meeting of community would have been shouted down; the Chinese Commercial Union, at which and he is, therefore, not disappointed by Mr. FoNG WA-CHUN explained what had HIS EXCELLENCY's decision that "other happened in connection with the application methods of influencing American legisla- for permission to hold a boycott meeting.tors muy be sought for. He is, in fact, so We publish elsewhere correspon leace that disgusted by the whole business that he is It will be notice that the appli-inflex bly determined to resign his chair- cation gives the Government no hint as to manship of th Chinese Commercial Union, the purpose of the meeting, beyond saying which, by the way, strikes us as being that it would consider what steps should be rather hard upon his colleagues in that | taken by the Chinese residents of this Colony.bly, who have supported him lovally, and At the time we ventured the opinioa have shown no sympathy with his triducers. that this was au application that the It is to be hoped that he may re-consider GOVERNOR might properly refuse to grant; his decision before the date of the meeting and subsequent events strengthened that at which it is to be considered. Although opinion. We have good reason to believe the Union is not an association for the now, however, that the convevers of the conservation of the interests of the labour meeting, supposing it had been permitted, ing classes, Mr. Fuyo WA-CHUN appars to intended to give the rank and file of the orenpy boycotters some very good advice. Having discovered the frame of mind of the mob, however, it is just as well that there is! to be no meeting, as that advice, if given, would have been neither palatable or effectual Mr. FUNG WA.CRUX informs us that, although he has been reviled and calumniated by the ignorant. rabble who believe him a traitor because he insiste ! on con-titutional action and bowed to the law of the Clony, he is still
(Doily Press, 31st August). in sympathy with the hoygolt movement, Professor LOMBROSO, in a very long article and proud of the patriotic unity of which his on crimes and criminals, a subject with countrymen have shown them-elves capable, which he is an admitted expert, mikes som We suggested that the defamatory placar-ls very startling and provocative statements. and threats were evidence of dis-union more By way of preface he points out that "there than union; but "all that kind of thing,”
are crimes that are considered as such only be said, is confined to the ignorant, by the law," leaving us to guess what other uueducated mas es." "Precisely,"
institution has the right to label any legal urged, "but is it not to the masses that acio a crime. The first idea stimulated this movement has addressed its propaganda: by his comments is that once a crime is not While so many of your constrymen are essarily always a crime. Necromancy uneducat, is not a boycott a dangerous was once a crime; so was divination; and weapon to employ: Most of the propaganda so was atheism, for which last, bad those in has been sta nature that does not appaltotheebirge of the statute books not changed reason of the reasonable and well informed, | their minds, there would to-day be stike but was directed rather to inflaming the and faggots in every community. Blasphemy passions of the illiterate. A unity secure ! ex et as an offence against public decency, by such trickery, as insults to flags, threats rarely concerns the modern criminal code; to indivilus, defam ition of characters, [and a recent news paragraph announced pictures showing exaggerated instances of tie passing of lève-majesté as a crime. This brutality to Chinese, and so on, is no real means that our legislators are regarding or abiding unity, like the unity based on as the philosophers regard ethics, as conviction in the minds of your fellow circumstanced by place and time. Professor members of the Chinese Commercial Union." Lonzos) thinks that men who are now- Mr. Fung Wa-CHUN expressed his agren-
a las regarded as politic or religious ment, and admitted that thos who had so criminals will soon be regarded with greater misjudged his own attitude in the matter indulgence; and the British Governm ut were incapable of redising the true position en claim to have been a pioneer of of affairs. But it was his hope that at such tolerance in this respect, as in the notable a meeting he would have been able to in--e of the Irish M.P. who fought fr culcate sauer views. He would, he tells us, bave advocated the boycott; but on more rational and conservative lines. He would have told them that many of the things they wished to boycott were really English, and in any case too unimportant to demand attention. He would have advised them to attack America's most important exports; such as flour and kerosene. Yes, and even American ginseng, in which I have dealt," he added. "I would have said boycott to prove guilt, the other that." But he would have told them, to prove capacity for punishment. moreover, after the promise of President It involves a paradox almost scriptural, ROOSEVELT, to wait awhile and give the giving to him that hath (money) some American President a chance to implement other penalty thau a fine; and taking from his pledges. That, he no admits, would him that hath not (money) even that which not have been palatabl They felt he hath-his pride, or amour propre, or his that if they did not prosecute the
A poorer
possession or secret hoard, others in similar circumstances might be deterred by learn- ing that the law looked for the vulnerable point and attacked it. In the case of the lowest of the low-those criminals with neither purse or pride-the infliction of physical pain seems the only possible deter- reut, and for them the bamboo or the "cat" should be reserved. At present, these ideas seem to demand two trials in each
case, опе
៩
we
Er m
the Boars. Such men, in the Professor's opinion, are "abnormal beings, but only be use they push philanthropy to extrens retins of an excessive altruism that drives tem to impose upon a whole people a far too precipitate development of policy or religion' Uut which mak s them sometimes success- fil." There is no getting away from the fact that the phrase we have italicised make, many of us particeps criminis, according to the stand we take in attemp
to introduce reforms into China! iug According to this saying by Professor LOMBROSO, the missionaries infesting the Far East are misguided criminals, who but for the greater tolerance of the age, would be liable to punishment. The world is undoubtedly disposed to side to a great
i
No comments yet.
Private notes are available after approval.