The Hawaiian gazette., 1885-05-06

-
| him the right 81 rebellion, The punish
ments Of Chinese law, seems severe % oe
| cidentals, but the Chinese are probably
| correct in their assertion that no les
severe punishments would accomplish the
object 81 striking tcrror to the hearts d
| evil dcers Mans heart, saws the proverb
as iron. but the laws Of the Magistrate
an the furnace. Ii Is essential 10 set q
degree of heat that viii he sure 10 melt
| tho 'Iron' Physical punishments which
would cause the most acute misery 10 the
sensitive Caucasian, are incompsrahly
less severe in the case 81 the ohtuse
nerved Turanian"; and there Is good ma
son to believe that any essential iiminu.
ton Of the apparent 'harharity' OF the
ordinary Chinese puniShmentS, which
should not first be preceded by an eleva-
iion Of the moral tone OF the dangerous
classes. would he most mistaken
leniency. The laws Of China, ike other
parts 81 their system. have been slow
growth Of ages. Like the laws Of other
countries, they abound in anomalies and
are much too minute 10 be adapted 10 any
other nation. Yet they are in general
based on sound principles, and "a broad
survey II Chinese Legislation, judged by
its results and the general appearance OF
society, Cives the impression Of an admin
iStration far superior to other Asiatie
Countries. The code has been translated
into English by Sir Geo. Stanton, and q
review q his work in the EiiHbarg Rcri0r.
for 1910, contains favorable Judgment,
from which ne scr no reaSon to dissent
when we pass, indeed. from the rawlings
81 the ZendaveSta or the puranaS, 10 the
tone 81 sense and business in tins Chinese
Collection, we seem 10 ho passing from
darkness to Light, from the drivelhnSs Of
dotace u the exercise Of an improved
understanding; and REDUNDANT and alb
Surily minute IS these laws are in many
particulars, We scarcely know any Euro
pean code that Is st once - coplous and
- consistent, OF that Is - nearly frea from
inrrioacy, biSot-y and fiction. Taxation
in China Is not oppressive, not merely Is
nesSured by other Asistic lands. but by
Europaan standards Il Is part Of the
theory Of Chinese civil service examina-
tiuns. that they are open To al classes Of
the people, As matter Of fact. however.
success Is practically impossible for the
poor. because they can not afford 70 spend
50 long time IN study Is Is necessary. for
which there Is not sure to be any return.
Out Of 1000 candidates. only one or two
hundred can possibly pass, and the path
81 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
e-s for Vacancy. he has probahly ex-
pended the g1eaier part u his meSns, aud
may be hssvily in debt. II he ever gets
Office. he must look 70 the per1uisiteS and
10 briheS 70 recoup himself Il Is 4 prc
verb thHt even an honest prefect. may IN
one term of three years save myriad
ounces Of snow white silver. and if ihev
do these things IN green tree, the expe
rencad politician VII have no difficulty
IN con5ecturing what : done IN 4 dry Tree.
Every provinclal capital. ! be>eiSei by
swarm II idle opium smokers. waiting for
the troubling Of the otiSial water, hoping
70 step IN and auaSS fortune in day.
The District Magistrate who Is the official
with whom the people are mainly con
ce-ned. uniteS IN his Own persons seven
OF eight distinct and homogeneous func-
tons, which no one man could possibly
discharge uprshtly. and thoroughly He
: i civil and criminal Judge, the direc-
tor u police. the sheriff, the coroneT and
the collector and t-anS-nitter Of taxes
Theoretically any man with d grievance
may best a drum 81 the door Of the 1anen.
10Y Magistrates Ofice.l = any time. but
practically there : no wsy 70 present ones
c2se except BY . petition which i only -
be prsDsred OF sent II. N : particular
method. and On payment Of money No
lawyers are allowed. and persons proved
to have assisted IN getting Up q case. OF
intiitinS petition for others are liable to
severe punishment. The ostensible reSson
Tor this rico-. Is the evil Of encouraging
litigation, but the re2l motive for the most
promp. Suppression Of lawyers. Is the fact
that persons - Soluzinted with The mis-
doincS q the Magistrates IS they must
necessarily IL, are highly dangerous Il
himself. as N case q 5 quarrel with him.
they might he able 70 prosecute him be
fo-e the PROVINCIAL authorities and give
such indubltsbls evidence Of his nisie-
nesnu-s, thst the Dlst-ict Magistrate rnuSt
lose his Place. For this reason. every
Chinese Official would much rather cstch
one LAWYER, than ten common thieves In
theory a suit may be appealed 70 & higher
cour-- but such apOeals s1e expensive. and
n the great nls5o-lty q easas sre probzbly
useless Magistrates ara groverGally IN
lesgue With each other. net n extreme
cSsaS. b! perseverance,, and hszzriinE al
OF Ole throw. g hearing : sometimes
S5lnei. and new taiaI ordered. An OF
Ger : then Ss1- 70 investigate. and nothing
: easier than for the Official who has got
INTO trouble 70 buy q favorable rep0-i.
non the SPECIAL commissioner. n the wy
- wel known N uure highly civilized
lands Bu5 4 The prosecutors are able TO
keep NJ tba attack and te show clearly
thai the night : On their SIDE. they may
triumph over al The opposition Of al the
MsE1S--arsS II The Pruvi1oe- 4 case Of
this slT1- attracted much attention & few
yeaTs $50 IN ~hich llr usuazts5 appeals u
Ps6nC. renewed a otte1 3 the deputy
vs. bzlbsi- The deGsio1 q al the u-ovin-
cal courts vsS reversed II 8 murder Csc
and al the offers concerned iron the
District Magistrate q the GoYe-nu-. we've
These axi1s2e and exceptional
instances Illustrate the p-z1Ciple. and the
-Tesf -a-lry q = Erea operation L /
1l-1eJllf 70 Judge u the security q life IN
China = cT1pa7s,i With he tinted States
1-E . IA ths sacTltE II China sae-s 10
b. The great q the To. fur ths mason thst
Z China 3 o12Tic5si Murderer : almost
20 b punished With daath In
3ss3- The only practical avenue q escape
tlT s Du1dsrZ n China : 70 settle the
natter b. money payment With the
trends O; The murdered MN. before the
oass c1Dss 70 the 1ulos q the Magistrate
- IL Although t1is : s=zictiy forbidden
b lsS- i : q clC2o1 ns.ho3 Of settling
sssas- b. which expensive Litigation /
sv0sia,d- Tbe Psiuz1chsl Syssn L
grossly defective n giving The had q TIE
family dznEs1o1s poEsr over MS vie
Ind Es chlld-sl II o13az 10 T-usas= the
Ives q Dsrrls1 7Fols,- II czsa q sb1sa
Z vlols1i chETacSsr- O. n casa Q: hsr
s1sGstis- i : oouzoz tu1 the trends Q: tha
injured Eo7zn- % demand satisfaction n
The shspa q expensive funerals Sc- 50
-tsl tbs s51s 3 { ps-Szzl chsck 80 much
q The Inevitable harshness q The system
An I'D LADY < sid 10 have otss-vzsi q the
6ossElns q toszi 6z--sTifE. fhzl i s-a
VEE god 6oc-l1e-5f 4 vs-e only livs5
ID Ia Is may be F-ei5ca-ss5 OF The CHI
nssa pls1 Z E1Ts-unels- int I / ra-izsus
ihs 55s7 possible t1r The Cli-ssss- I 4 zare
carried mo eIscuFi1- 18th 5ho-17chness-
: r-zc1i5al eIz-11lz-i50z-s 4 : ECTs1ars.
-zlr's-fecs q Ebay are sb0Es- vi-zi ~