The Catholic World, Vol. 02, October, 1865 to March, 1866: A Monthly Eclectic MagazineVarious
Religion
The Catholic World, Vol. 02, October, 1865 to March, 1866: A Monthly Eclectic Magazine
Various
Catholic Church -- Periodicals
As was said of old time, "An eye for an eye, and a tooth for a tooth,"
so the Chinese still recognize the principle that the penalty to be
paid for crime need not be visited on the criminal himself, but that
the substitution of an innocent for a guilty person to bear the award
of the law may satisfy all the demands of justice. In the
embarrassments of the imperial treasury during the last war,
proclamations of the emperor frequently appeared in the _Peking
Gazette_, authorizing the commutation of the judicial sentences which
inflicted personal punishment by the payment of sums of money, to be
estimated according to the gravity of the offence, and the rank or
opulence of the offender. Men are to be found as candidates for the
scaffold when a large remuneration is offered for the sacrifice of
life--to such a sacrifice posthumous honor is frequently attached--a
family is rescued from poverty, and enters on the possession of
comparative wealth. The ordinary price paid for a man's life is a
hundred ounces of pure silver, of the value of about £33 sterling. In
the Buddhist code such an act of devotion and self-sacrifice ranks
very high in the scale of merits, and would ensure a splendid
recompense in the awards of the tribunal which is, after death, to
strike the balance of good and evil, when every individual's mortal
history is to be the subject of review.
Some illustrations may not be unwelcome. In the history of the
intercourse of the East India Company with the Chinese, it will be
found that the authorities were never satisfied with the averment that
the individual charged with offences could not be found; they always
insisted that some English subject could be found and delivered over
to the penalties of the law. They invariably took high ground;
asserted that the laws of China must be respected in China, and that
those laws provided a certain and always applicable punishment by
which the demands of justice might and ought to be satisfied. They
turned a deaf ear to the representation that, according to European
law, the individual who had committed a crime was the only proper
person to be punished for that crime, and considered it a sort of
"barbarian" notion that any crime should be passed over without being
followed by the appropriate penalty visiting somebody or other. The
theory fills the whole field of penal legislation. Households,
villages, and even districts are made responsible for offences
committed within their boundaries; and it is not unusual for high
functionaries to be called upon to suffer for misdeeds not their own,
which no vigilance could prevent and no sacrifices repair. There
ought, say the sages, to be no wrong without a remedy, no sin without
consequent suffering; and it is better that an innocent man should now
and then be sacrificed than that guilt should not necessarily and
inevitably be followed by penal consequences.
Public-domain text, read in full here on John Shaqi.
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