New Forces in Old China: An Inevitable AwakeningBrown, Arthur Judson
History
New Forces in Old China: An Inevitable Awakening
Brown, Arthur Judson
China -- Commerce; China -- Foreign relations; China -- Politics and government; Missions -- China
``Experience has shown that, in many cases, the latter (law of China)
will condemn a prisoner to death, where the law of England would be
satisfied by a penalty far less severe, if indeed, it were possible to punish
the man at all. It is to be deplored that misunderstandings should arise
from a difference in our codes; but I see no remedy for this until China
shall see fit to revise the process of investigation now common in her
courts. So long as evidence is wrung from witnesses by torture, it is
scarcely possible for the authorities of a foreign power to associate
themselves with those of China in the trial of a criminal case; and unless the
authorities of both nationalities are present, there will always be a suspicion
of unfairness on one side or the other. This difficulty surmounted,
there would be none in the way of providing a code of laws to affect
mixed cases; none, certainly, on the part of England; none, in my belief,
either, on the part of any other Power.''[58]
[58] Correspondence Respecting the Circular of the Chinese Government
of February 9, 1871, Relating to Missionaries. Presented to both
Houses of Parliament by command of Her Majesty, 1872.
Meantime, as the Hon. Frederick F. Low, United States
Minister at Peking, wrote to the State Department at Wash-
ington, March 20, 1871:--``The dictates of humanity will
not permit the renunciation of the right for all foreigners that
they shall be governed and punished by their own laws.''
But the Chinese do not see the question in that light. Their
methods of legal procedure are sanctioned in their eyes by immemorial
custom and they fail to understand why forms that,
in their judgment, are good enough for Chinese are not also good
enough for despised foreigners. When we take into consideration
the further fact that the typical white man, the world
over, acts as if he were a lord of creation, and treats Asiatics
with more or less condescension as if they were his inferiors, we
can understand the very natural resentment of the Chinese,
who have just as much pride of race as we have, and who indeed
consider themselves the most highly civilized people in
the world. The fact that foreign nations are able to thrash
them does not convince them that those nations are superior,
any more than a gentleman's physical defeat by a pugilist would
satisfy him that the pugilist is a better man. It is not without
significance that the white man is generally designated in China
as ``the foreign devil.''
Public-domain text, read in full here on John Shaqi.
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