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228   Life and Letters o f Francis Gallon

acts well on the whole, it will be known, if ill, also. No enquiries need be made into special cases. It is the office of a Captain to take the labour and anxiety of judging on himself. A man who does not do so is not fit to be a chief.

(3) Better ten guilty escape than one innocent suffer.

(4) Against the practice of retaliation (indiscriminate).

(5) Speak very strongly about this-it shows the Namaquas are cowards-say they are drunkards too.

(6) Very much punishment must be left to the discretion of the judge; this explains the principles on which it is regulated. Crime is never checked by severe and uncertain punishment. If too severe it raises sympathy, on behalf of the criminal and the laws are hated.

(7) Speak much on the advantages of certainty and quickness of punishment towards checking crime.

(8) J.'s simple justice. J. must not keep the [stolen] cattle for himself, but return the stolen-and half the "Regt's Beestenl" to the Damara.

(9) I conceive that in the long run the "Regt's Beesten" will defray the costs of justice. A sufficient number of the stolen cattle must of course be found to warrant acting under this law.

(11) To receive oxen in compensation for punishment would be in most cases simple bribery in order that oxen might be stolen. J. might be glad to have a watcher killed that he might demand oxen.

(12) Great honesty must be shewn in regard to the "Pand Ossen" and simple suspicion must never warrant their being taken. Culprit must be brought to Jonker's place to ensure a cool enquiry into the case and proven identity.

N.B. For frequently repeated thefts- stronger measures must of course be taken.

(15) Allude again to No. 11. Police Badge.

Here follows Galton's code 2 put into the mouth of Jonker and read out in Dutch to the assembly

(1) I have pledged my word to the English Government that I will act henceforth according to law towards the Damaras.

(2) Now I give these laws for myself and for my people.

(3) I will not treat the innocent as I treat the guilty.

(4) I will not fire off an innocent werft to make amends for stolen cattle.

(5) I will not allow that women and children have their hands and feet cut off

and suchlike mishandlings.

(6) ' I will not punish a thief with death, and I will not give heavy punishments for small offences.

(7) But I shall do my best that no offence against me or my people shall remain unpunished.

(8) I will also punish my own folk, who do injury to the Damaras, with the same penalty and law as I punish the Damaras with, who do injury to me or my people.

1 Le. the judicial fine measured in oxen.

2 The Dutch version is in the folio volume; a much overwritten and rewritten English original in one of the pocket-books in Galton's hand.

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