The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1885-05-06

ments Of Chinese law, seems severe TO DC
cidentals, but the Chinese are probably
correct in their assertion that no less
severe puuishments would accomplish the
object Of striking terror to the hearts Of
evil doors Mans heart. saws the puoverb,
rs iron. but the laws Of the Magistrate
are the furnace. 1t Is essential to get
degree Of heat that viii be sure to melt
the Iron Physical punishments which
would cause the most acute misery 10 the
sensitive "Caucdsian1, are Incomparably
less severe in the case OK the obtusa
nerved Turanian-: and there Is good rea-
son to believe that any essential diminu-
ton Of the apparent 'harbarity' Of the
ordinary Chinese punishmentS, which
should not first be preceded by an eleva-
ton OF the moral tone OF the dangerous
classes. would be a most mistaken
leuiency. The laws OF China, like other
parts Of their system. have been a slow
growth OF ages. Like the laws Of other
countries. they abound in anomalies, and
are much too minute to be adapted to any
other nation. Yet they are in general
based on sound principles and "a broad
survey Of Chinese legislation, judged by
its results and the general appearance Of
society. gives the impression OF an admin.
istraton far superior to other Asiatic
countries" The code has been translated
into English by Sir Geo. Stanton, and
review Of his work in thu Edisbrrg Rorier.
for $50, contains a favorable Judgment.
from which We see no reason to dissent.
When we pass, indeed. from the rawlings
Of the Zendavesta or the Puranas. to the
tone OF sense and business in this Chinese
darkness to light, from the dwellings Of
dotaCe 70 the exercise Of an improved
understanding; and redundant and ab
surdly minute a these laws are in many
particulars. we scarcely know any Euro
pean code that i at once 80 copious and
50 consistent or that Is 50 nearly free from
intricacy, hicotry and fiction. Taxation
IN China l. not oppressive, not merely as
measured by other Asiatic lands. but by
European standards. 1t Is part Of the
theory OF Chinese civil service eSamina-
tons, that they are open to all3tlasses Of
the people As a matter Of fact, however.
success Is practically impossible for the
poor, because they can not afford to spend
so long a time In study as Is necessary. for
which there Is not sure 10 be any return.
Out Of 10000 candidates, only one or two
hundred can possibly pass, and the path
Of the professional scholar. Is planted
thick with examinations for long periods.
sometimes embracing his whole life. By
the time any candidate has succeeded in
entering the crowded ranks Of the Wait
ers for a Vacancy he has probably ex-
pended the greater part Of his means. and
may be heavily in debt. II he ever gets
Office. he must look to the perquisites and
to bribcs TO recoup himself II Is pro
verb that even an honest project, may in
one term Of three years save a myriad
ounces Of snow white silver. and If they
do these things in a green tree. the expe
rienced politician viii have no difficulty
in coniecturinC what Is done IN a dry tree.
Every provincial capital Is beseiced hy
swarm Of idle opium smokers, waiting for
the troubling Of the official water. hoping
% step in and amass a fortune in day
The District Magistrate, who Is the official
with whom the people are mainly con
cerned. unites In his own persons. seven
or eight distinct and homogeneous fmc-
tons. which no one man could possibly
discharge upri.htly. and thoroughly He
j. a civil and a criminal Judge. the direc-
tor Of police. tine sheriff. the coroner and
the collector and transmitter OF taxes.
Theoretically any man with a grievance
may beat a drum at the door Of the Namen.
Tor Magistrates Office as any time. but
practically there Is no way TO present ones
case except by q petition which Is only IN
be prepared or sent IN. IN particular
method and on payment Of money. No
lawyers are allowed. and persons proved
to have assisted in getting up case. or
inditing q petition for Others, are liable 70
severe punishment The osteBsible reason
for this rig1r. Is the evil Of encouraging
litigation. but the real motive for the most
prompt suppression Of lawyers, Is the fact
that persons 50 acquainted with the mis-
d0ings Of the Magistrat,s. as they must
necessarily be. are highly dangerous to
himself. as in case Of quarrel with him,
they might be able to prosecute him be
fore the provincial authorities. and give
such indubitshle evidence Of his misde
meanurs. that the District Magistrate must
lose his place For this reason. every
Chinese official would much rather catch
one lawyer. than ten common thieves In
theory a suit may be appealed to a higher
court, but such appeals are expensive. and
in the great majority Of cases are probably
useless. Magistrates are urUverlially in
league with each other. vet in extreme
cases. by perseverance. and hHzariiug an
on one throw. a hearing Is sometimes
gained. and new taial ordered. An off
Ger Is then sort 30 investigate. and nothing
Is easier than for the official who has got
into trouble TO buy a favorable report.
from the special commissioner, in the way
so well known in more highly civilized
lands But II the prosecutors are able to
keep mp the attack. and 10 show clearly
that the right Is on their side. they NAV
triumph over all the opposition Of all the
magistrates in the Province. 4 case Of
this sort. attracted much attention few
years ago. in which by repeated appeals to
Picking. renewed as often as the deputy
was hrbed. the decision OF all the prOvin-
cial courts was reversed in q murder case.
and all the officers concerned. from the
District Magistrate TO the Governor. We're
degraded These extreme and exceptional
instances illustrate the principle. and the
great rarity Of It's free operation. II Is
difficult to judge Of the security Of life in
China as compared with the United States.
but TO me the security in China seems to
be the great of the two. for the reason that
in China a convicted murderer is almost
certain to be punished with death In
deed, the only practical avenue Of escape
for a murderer In China. Is 10 settle the
matter by a money payment with the
friends Of the murdered man. before the
case comes to the notice Of the Magistrate
at all. Although this Is strictly forbidden
by law. it is a common method Of settling
cases. by which expensive litigation is
avoided The Patriarchal system is
grossly defective, in giving the head Of the
family a dangerous power over his wife
and his children. In order 10 protect the
lives Of married women. in case Of abuse
Of violent character. or in case Of her
suicide. IL is common for the friends OF the
injured woman, 10 demand satisfaction in
the shape Of expensive funerals. &c. so
that this acts as a partial check 20 much
Of the inevitable hsrshness Of the system
An old lady is said 10 have observed Of the
doctrine Of total dpprHvity. that II is "a
very good doctrine II It were only lived
up to- Il may be predicate1 q the Chi
nose plan % government that It is perhaps
the best possible for The Chinese. II It were
carried into execution with th0r1ughness
A practical examinations 0f its workings.
Imperfect as they are shows. what we
have already seen. how wen the ssrcs
understood Chinese human nature. II IS q
striking fact, thstiu the greatest rebellion
u modern times lasting fifteen wears. and
extending over fifteen u The Is provinces
NJ China not q single official Of the rank
0i District Magistrate 1r upward. IS known
o. hsvr given his adhesion t1 the rebels
though Tor large rart of the tino. The
finest portion of the Empire was i'm their
hands In concluding what wr have fn
say NJ Chinese Government ve must no
pe8i that the marvellous skill in govern
ing Is shown Dry tho measure ~ success
stiTra
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