China -- Social life and customs; National characteristics, Chinese
In the above accounts of the methods of judicial procedure in China, I
have selected cases that are of constant occurrence throughout the Empire.
How a nation with such a system of judicature has managed not only to
exist, but also to retain a vitality such as China has to-day, is a marvel
that testifies to the law-abiding character of the Chinese race. The
mandarin of to-day is about as mean and as ignoble a specimen of a ruler
as can be conceived, but he has always been the same. He is a product of
the ages. All the teachings of the sages in which he is an adept, have
never been able to produce a better. The people universally hate and
loathe him. He is the synonym for oppression, injustice, and cupidity, and
yet when a man rises from the ranks and is numbered amongst this
aristocracy of power, he never remembers the loathing of the people for
this class, whose name is distasteful to all honest men. It is quite true
that one does occasionally meet with a high-minded and honourable
mandarin, but he is simply an exception that proves the rule. The love and
devotion that the people manifest to such an exceptional character as this
only shows what a longing men have for those to rule over them who shall
exhibit in their lives some of the higher virtues by which human life is
adorned.
The mandarin being untrammelled by juries or by precedents or by statute
books, and often having to depend upon his own mother wit to find out the
truth in some intricate case that comes before him, is accustomed to use
independent and original methods that would shock the legal mind of our
judges in England. Not so in this land, where they are applauded by those
who hear of them as being exceedingly ingenious and as showing the subtle
character of the minds of those who devised them. A description of some of
these may be interesting to the reader.
On one occasion a farmer was going to market with two huge bundles of
firewood that balanced on a bamboo pole he was to carry on his shoulder
from his farm to the neighbouring market town. Just before leaving, his
wife thrust some yards of cotton cloth that she had woven into one of the
bundles, and asked him to take them to the draper's and dispose of them
for her at the best price he could get for them.
Arriving at the town, he applied at the house of a rich scholar to whom he
had been accustomed to sell, and asked if he wanted to buy any firewood.
Finding that he did, he saw that the bundles were duly weighed and paid
for; when, walking down the narrow, ill-paved street and congratulating
himself that he had disposed of his wood so easily, he suddenly remembered
that he had forgotten all about the cloth that had been hidden in one of
them. Hastily retracing his steps, he explained to the purchaser that
there was some cotton cloth belonging to his wife concealed amongst the
wood, and he would be infinitely obliged to him if he would kindly take it
out and give it to him.
Public-domain text, read in full here on John Shaqi.
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