The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1876-04-27
Administration OF Justice In China.


administration OF Justice In China.
To foreigners who are not familiar with
the actions of courts of justice (so-called)
in China, some account of them may be
interesting. I was about to call them
courts of law, but that seemed even more
a misnomer than the one i have adopted,
and should confine myself strictly to the
subject l should perforce take my model
from Miss Edgeworth's chapter on the
snakes of Ireland, and write, "there are
no laws in China" for this is very near
the truth.
The Chinese have nothing that can be
called code or system Of law. Some
years ago gentleman in the British Con-
sular service, we'll qualified to make tie
investigation, attempted to ascertain what
the commercial laws of China are, but his
researches were followed by no satisfac-
tory result. There are some old usages
and customs which the magistrates follow
when it suits them to do so, but the purely
civil business of the courts is very small,
ordinary business differences being settled
oy compromise between the parties or by
the guilds, OF which every business or in
dostry has one: Even the professional
1nleves have their organization, which is
well known to the police. These guilds
nave very considerable power over their
members, and, indeed, form part of the
machinery of the Government. No CHI
naman OF ordinary experience will take a
civil claim before magistrate if he can
avoid it. As preliminary, he must fee
all the runners and hangers-on of the
yamen or courtroom, after which he must
be prepared to pay handsome bride to
the magistrate, having always the encour-
aging consciousness that the adverse patty
may outbid him. Even should he succeed
in obtaining a Judgment, he is by no
means certain that it will be executed, as
judicious use of money ~on the other
side may open the eyes of the magistrate
to the injustice of his first decision, and
induce him to treat it as nullity.
Criminal jurisdiction is exercised much
IN the same manner. There is something
called criminal law, but it is very inner.
feet and Of little practical value. The
same system of bribery that prevails in
the trial of civil cases is found quite as
etectnal in criminal proceedings.
II wealthy or influential criminal
should be convicted, which is not often
the case, he can buy immunity from pun
ishment, except in the case of political
offenders and others of a similar nature.
Besides, even in case of punishment, one
is never quite sure that the sufferer is really
the guilty man, for money in China can
induce poor starveling to take a fog
ging, and the convicted criminal by pay
ing few leash" is tortured by proxy
This may seem an incredible statement
but 1t is not an exaggeratiOn.
One is constantly reminded of the ac-
counts of the administration of Justice
in the Arabian Nights Entertain
ments," and decisions, that seem to us
monstrous, are bought and quietly sub.
mitted to with the same stolidity which
characterizes the victims of the stories,
only here they have no hope of the timely
interference Of good roun al Raschid.
AS if to form startling contrast to the
deficiencies of the preliminary proceed
ings,. every arrangement is made for
speedy punishment, and as the condemned
passes out of the yamen he passes into
the hands of the executioner, who stands
ready in the courtyard, with the lash,
the cangue, the cage, or the axe, as the
case may require. Perhaps can remind
yourreaders in no better way of how far
back in the history of civilization one
has tC 60 in order to estimate correctly
that of the Chinese, than by describing
some of the instruments of punishment
still in use among them.
The cangue, which is used for MINOR
oferses. is heavy board about three feet
square, having a hole in the middle large
enough to fit around a mans throat; the
board is made to divide in the middle,
and being placed upon the offender, is
closed and locked, leaving only his head
above the aperture. Looking at the man
in sitting posture, everything below the
cangue being concealed by it, one is re-
minded of the pictures of the head of John
the Baptist on charger.
This being worn night and day allows
the man no sleep except what he gets by
resting his head backward on the edge of
the cangue, and in the season of flies and
mosquitoes the culprit is helpless VIC
tim TO their fortunes, as the cangue is of
such proportions as to preclude all posi-
bility of reaching the head and face with
the hands. The ludicrous element of this
kind of punishment, which to an Anglo
Saxon would, in itself, be exquisite Tor.
ture, has no force whatever with Chi.
nese thief.
In the punishment of the cage" there
is no element of absurdity. 1t is literally
cage just large enough to contain man,
inclosed with bars on all sides and on the
top, the floor only being solid.
The condemned is tied by his arms, so
that his'toes barely touch the floor, with a
burning tropical sun beating upon mis- I'M
protected head and he is there left, with
out food or water, to be gazed at by a
gaping crowd until death comes 10 his re.
There is no such thing as Chinese bar
to conduct cases in court, and the wit
nesses are not under oath; moreover, per-
jury, as crime, is not recognized, al
though it witness can be convicted of
having, by false testimony, caused serious
injury to another, he may be punished,
although have never heard of but one
such case. That was case in which
! Chinese witnesses testified in a British
court against prisoner charged with
murder, and afterward admitted that not
only was the prisoner innocent, but that
no. murder had been committed. The
Consul before whom the case was tried
exerted himself to the utmost to have the
false witnesses punished, but only sue
ceeded in procuring a sentence Of two
months imprisonment, and that was
probably never executed.
We have lately had curious, not to say
monstrous, illustration of the action OF
Chinese law and practice. An attempt
has been made to build q railroad from
Shanghai TO Woo-suDg, a town at the
mouth OF the Wang-po River. The pro-
jectors quietly bought up the land re-
quired as far as the Woo-sung Greek -
which interseCts the line of the road not
far from the terminus. They obtained
formal titles, sanctioned by the taon.tai
or governor Of the province, but while
for road, they shrewdly omitted
tunately small piece of land was needed