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is prohibited by
statute, and it is my duty to meet its exercise by punishment."

The prisoner was sentenced to two years' penal servitude. The Chief
Justice concluded his remarks on that occasion by replying to the
statements made in the Chinese petition.

He called attention to the Chinese resting their claim on the
temporary promise of Governor Elliott in 1841; of the fact that
they ignored the proclamation of the Queen in 1845. He said that
infanticide was also a Chinese custom in the same sense that slavery
was, on the words of the petition:

"Amongst the Chinese there has hitherto been the custom of
drowning their daughters. The Chinese threaten the increase of
this 'custom' of drowning children if their sale is put down....
I can only say that in case father, mother, or relative were
convicted of infanticide, Chinese custom would be no protection,
and, unless I am grievously mistaken, the presiding judge would
have no alternative but to sentence the perpetrator to death ...
the one custom is tolerated just as the other custom is tolerated,
and both alike or neither must be claimed as sanctioned by
Governor Elliott's proclamation. All remedies which ever existed
by common law or by statute in England up to 1845 against
ownership of human beings