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concerned in an illegal transaction.' In a few days the papers
were returned to me with the following opinion of the Attorney
General: 'The transaction referred to would not be recognized in
our laws as giving any rights, except perhaps as to guardianship,
but I am unable to say there is anything illegal in the matter
beyond that. I do not think it a criminal offence if it goes no
further than the adoption of a child and the payment of money to
its parents for the privilege.'"
Later, when His Excellency was calling the attention of Acting
Attorney General Russell to a somewhat similar case, he states, in
reference to this above-described case:
"Mr. Phillipo, before whom the papers were laid, did not seem
disposed to enforce the rights of the father, on the ground that
he had sold the child. I did not agree with Mr. Phillipo's view of
the law."
CHAPTER 8.
JUSTICE FROM THE SUPREME BENCH.
On October 6th, 1879, Sir John Smale, the Hon. Chief Justice for Hong
Kong, passed judgment in three cases on prisoners convicted of various
degrees of crime connected with the enticing, detaining, buying and
selling of children. Governor Hennessy, in reporting the remarks made
by the Chief Justice on that occasion to the Secretary of State for
the Colonies, pronounced it "an able and elaborate judgment on the
existence of slavery at Hong Kong."
Said Sir John Smale:
"Various causes have occasioned delay in passing sentence, of
which I will only refer to one: The gravity of the fact that these
and other cases have recently brought so prominently to the notice
of the Court that two specific cl
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nature of man may contribute to his conduct.
908. But is it probable that probability gives assurance?
Difference between rest and security of conscience. Nothing gives certainty
but truth; nothing gives rest but the sincere search for truth.
909. The whole society itself of their casuists cannot give assurance to a
conscience in error, and that is why it is important to choose good guides.
Thus they will be doubly culpable, both in having followed ways which they
should not have followed, and in having listened to teachers to whom they
should not have listened.
910. Can it be anything but compliance with the world which makes you find
things probable? Will you make us believe that it is truth and that, if
duelling were not the fashion, you would find it probable that they might
fight, considering the matter in itself.?
911. Must we kill to prevent there being any wicked? This is to make both
parties wicked instead of one. Vince in bono malum.227 (Saint Augustine.)
912. Universal.--Ethics and language are special, but universal sciences.
913. Probability.--Each one can employ it; no one can take it away.
914. They allow lust to act, and check scruples; whereas they should do the
contrary.
915. Montalte.--Lax opinions please men so much, that it is strange that
theirs displease. It is because they have exceeded all bounds. Again, there
are many people who see the truth, and who cannot attain to it; but there
are few who do not know that the purity of religion is opposed to our
corruptions. It is absurd to say that an eternal recompense is offered to
the morality of Escobar.
916. Probability.--They have some true principles; but they misuse them.
Now, the abuse of truth ought to