I do not believe in the general charge that Burmese are corrupt. That
occasional cases of undue influence should occur is natural if you
consider the circumstances under which they serve. They are not, like
the English officers, independent of their surroundings in social
matters. They have, for company's sake, to associate with the
pleaders, the merchants, the headmen, and others within their charge.
Their families are with them, and they are interested in the happenings
of the town or village, and are concerned in it. They are inevitably
influenced in many ways, which we do not appreciate. They know things
which we do not. In cases that come before them they often know of
events behind the scenes which lead up to the final happening which
comes into Court. It is useless to say that they should not be
influenced by anything but the evidence on the record; they cannot help
being influenced. They have, for instance, known of A being a trouble
to his parents long before the charge which they have to try, and that
is in their minds; or they know B to be a good character, and that his
accusers are doubtful people. It has happened to me, not once but many
times, that on appeal I have read a judgment of a Burmese Subordinate
Magistrate which puzzled me, because, though not contrary to the
evidence, there has evidently been in the writer's mind something more
than the evidence. In such cases I have usually inquired personally
from the magistrate what it was he knew before passing orders on
appeal, and I have sometimes taken further evidence on that point so as
to get the record straight. It is easy to say that magistrates should
not be affected by anything but the recorded evidence, just as it is
easy to say that a magistrate should be blind. Magistrates are human
beings--fortunately.
But, of course, the standard might be higher. This raising of the
standard can, however, only be attained by raising the standard of
independence in the people, and our rule tends to decrease this. Under
self-government it will rise. It is self-government and its consequent
publicity which have purified Courts in England. Look at Judge
Jeffreys and his time. We are not people to adopt too Pharisaic an
attitude.
Elsewhere I have commented on the failure of the "educated" native to
make a good official, and I need not repeat myself. The education we
give is not good for them, but until a national system of education is
instituted I don't see what we can do. The subordinate service, as
long as it is subordinate, cannot attract the best men, because the
prospects are poor.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account