The Soul of a People

by H. Fielding

So the officer went about and told the story of his boy coming back, and expecting to be taken on again, as a curious instance of the mysterious working of the Oriental mind, as another example of the extraordinary way Easterns argue. 'Just to think,' said the officer, 'he was not ashamed of having been in prison!' And the boy? Well, he probably said nothing, but went away and did not understand, and kept the matter to himself, for they are very dumb, these people, very long-suffering, very charitable. You may be sure that he never railed at the law, or condemned his old master for harshness.

He would wonder why he was punished because other people had sinned and escaped. He could not understand that. It would not occur to him that sending him to herd with other criminals, that cutting him off from all the gentle influences of life, from the green trees and the winds of heaven, from the society of women, from the example of noble men, from the teachings of religion, was a curious way to render him a better man. He would suppose it was intended to make him better, that he should leave gaol a better man than when he entered, and he would take the intention for the deed. Under his own king things were not much better. It is true that very few men were imprisoned, fine being the usual punishment, but still, imprisonment there was, and so that would not seem to him strange; and as to the conduct of his master, he would be content to leave that unexplained. The Buddhist is content to leave many things unexplained until he can see the meaning. He is not fond of theories. If he does not know, he says so. 'It is beyond me,' he will say; 'I do not understand.' He has no theory of an occidental mind to explain acts of ours of which he cannot grasp the meaning; he would only not understand.

But the pity of it—think of the pity of it all! Surely there is nothing more pathetic than this: that a sinner should not understand the wherefore of his sentence, that the justice administered to him should be such as he cannot see the meaning of.

Certain forms of crime are very rife in Burma. The villages are so scattered, the roads so lonely, the amount of money habitually carried about so large, the people so habitually careless, the difficulty of detection so great, that robbery and kindred crimes are very common; and it is more common in the districts of the delta, long under our rule, than in the newly-annexed province in the north. Under like conditions the Burman is probably no more criminal and no less criminal than other people in the same state of civilization. Crime is a condition caused by opportunity, not by an inherent state of mind, except with the very, very few, the exceptional individuals; and in Upper Burma there is, now that the turmoil of the annexation is past, very little crime comparatively. There is less money there, and the village system—the control of the community over the individual—the restraining influence of public opinion is greater. But even during the years of trouble, the years from 1885 till 1890, when, in the words of the Burmese proverb, 'the forest was on fire and the wild-cat slapped his arm,' there were certain peculiarities about the criminals that differentiated them from those of Europe. You would hear of a terrible crime, a village attacked at night by brigands, a large robbery of property, one or two villagers killed, and an old woman tortured for her treasure, and you would picture the perpetrators as hardened, brutal criminals, lost to all sense of humanity, tigers in human shape; and when you came to arrest them—if by good luck you did so—you would find yourself quite mistaken. One, perhaps, or two of the ringleaders might be such as I have described, but the others would be far different. They would be boys or young men led away by the idea of a frolic, allured by the romance of being a free-lance for a night, very sorry now, and ready to confess and do all in their power to atone for their misdeeds.

Nothing, I think, was more striking than the universal confession of criminals on their arrest. Even now, despite the spread of lawyers and notions of law, in country districts accused men always confess, sometimes even they surrender themselves. I have known many such cases. Here is one that happened to myself only the other day.

A man was arrested in another jurisdiction for cattle theft; he was tried there and sentenced to two years' rigorous imprisonment. Shortly afterwards it was discovered that he was suspected of being concerned in a robbery in my jurisdiction, committed before his arrest. He was therefore transferred to the gaol near my court, and I inquired into the case, and committed him and four others for trial before the sessions judge for the robbery, which he admitted.

Now, it so happened that immediately after I had passed orders in the case I went out into camp, leaving the necessary warrants to be signed in my absence by my junior magistrate, and a mistake occurred by which the committal-warrant was only made out for the four. The other man being already under sentence for two years, it was not considered necessary to make out a remand-warrant for him. But, as it happened, he had appealed from his former sentence and he was acquitted, so a warrant of release arrived at the gaol, and, in absence of any other warrant, he was at once released.

Of course, on the mistake being discovered a fresh warrant was issued, and mounted police were sent over the country in search of him, without avail; he could not be found. But some four days afterwards, in the late afternoon, as I was sitting in my house, just returned from court, my servant told me a man wanted to see me. He was shown up into the veranda, and, lo! it was the very man I wanted. He had heard, he explained, that I wanted him, and had come to see me. I reminded him he was committed to stand his trial for dacoity, that was why I wanted him. He said that he thought all that was over, as he was released; but I explained to him that the release only applied to the theft case. And then we walked over half a mile to court, I in front and he behind, across the wide plain, and he surrendered to the guard. He was tried and acquitted on this charge also. Not, as the sessions judge said later, that he had any doubt that my friend and the others were the right men, but because he considered some of the evidence unsatisfactory, and because the original confession was withdrawn. So he was released again, and went hence a free man.

But think of him surrendering himself! He knew he had committed the dacoity with which he was charged: he himself had admitted it to begin with, and again admitted it freely when he knew he was safe from further trial. He knew he was liable to very heavy punishment, and yet he surrendered because he understood that I wanted him. I confess that I do not understand it at all, for this is no solitary instance. The circumstances, truly, were curious, but the spirit in which the man acted was usual enough. I have had dacoit leaders with prices on their heads walk into my camp. It was a common experience with many officers.

The Burmans often act as children do. Their crimes are the violent, thoughtless crimes of children; they are as little depraved by crime as children are. Who are more criminal than English boys? and yet they grow up decent, law-abiding men. Almost the only confirmed criminals have been made so by punishment, by that punishment which some consider is intended to uplift them, but which never does aught but degrade them. Instead of cleansing the garment, it tears it, and renders it useless for this life.