Law,[*] as we understand the term, with all its paradoxes and
refinements, is utterly unknown to the Chinese, and it was absolutely
necessary to invent an equivalent for the word "barrister," simply
because no such expression was to be found ready-made in the language.
Further, it would be quite impossible to persuade even the most
enlightened native that the Bar is an honourable profession, and that
its members are men of the highest principles and integrity. They
cannot get it out of their heads that western lawyers must belong to
the same category as a certain disreputable class among themselves, to
be met with in every Chinese town of importance, and generally
residing in the vicinity of a magistrate's or judge's yamen. These
fellows are always ready to undertake for a small remuneration the
conduct of cases, in so far as they are able to do this by the
preparation of skilfully-worded petitions or counter-petitions, and by
otherwise giving their advice. Of course they do not appear in court,
for their very existence is forbidden, but their services are largely
availed of by the people, especially the poor and ignorant. At the
trial, prosecutor and accused must each manage his own case, the
magistrate himself doing all the cross-examination. We say
_prosecutor_ and _accused_ advisedly, for as a matter of fact civil
cases are rare in China, such questions as arise in the way of trade
being almost invariably referred to some leading guild, whose
arbitration is accepted without appeal. Now, we know of no such book
as "Laws of Evidence" in the whole range of Chinese literature; yet we
believe firmly that the intellects which adorn our own bench are not
more keen in discriminating truth from falsehood, and detecting at a
glance the corrupt witness, than the semi-civilised native functionary
--that is, when no silver influences have been brought to bear upon
his judgment. The Chinese have a penal code which, allowing for the
difference in national customs and habits of thought, stands almost
unrivalled; and with this solitary work their legal literature begins
and ends. It is regarded by the people as an inspired book, though few
know much beyond the title, and seems to answer its purpose well.
[*] Civil law.
But inasmuch as in China as elsewhere _summum jus_ is not infrequently
_summa injuria_, a clever magistrate never hesitates to set aside law
or custom, and deal out Solomonic justice with an unsparing hand,
provided always he can shew that his course is one which _reason_
infallibly dictates. Such an officer wins golden opinions from the
people, and his departure from the neighbourhood is usually signalised
by the presentation of the much-coveted testimonial umbrella. In the
reign of the last Emperor but one, less than twenty years ago, there
was an official of this stamp employed as "second Prefect" in the
department of Han-yang. Many and wonderful are the stories told of his
unerring acumen, and his memory is still fondly cherished by all who
knew him in his days of power. We will quote one from among numerous
traditions of his genius which have survived to the present day.
A poor man, passing through one of the back thoroughfares in Hankow,
came upon a Tls. 50[*] note lying in the road and payable to bearer.
His first impulse was to cash it, but reflecting that the sum was
large and that the loser might be driven in despair to commit suicide,
the consequences of which might be that he himself would perhaps get
into trouble, he determined to wait on the spot for the owner and rest
content with the "thanks money" he was entitled by Chinese custom to
claim as a right. Very shortly he saw a stranger approaching, with his
eyes bent on the ground, evidently in search of something; whereupon
he made up to him and asked at once if anything was the matter.
Explanations followed, and the Tls. 50 note was restored to its lawful
possessor, who, recovering himself instantaneously, asked where the
other one was, and went on to say that he had lost _two_ notes of the
same value, and that on recovery of the other one he would reward the
finder as he deserved, but that unless that was also forthcoming he
should be too great a loser as it was. His benefactor was protesting
strongly against this ungenerous behaviour when the "second Prefect"
happened to come round the corner, who, seeing there was a row,
stopped his chair, and inquired there and then into the merits of the
case. The result was that he took the Tls. 50 note and presented it to
the honest finder, telling him to go on his way rejoicing; while,
turning to the ungrateful loser, he sternly bade him wait till he met
some one who had found _two_ notes of that value, and from him
endeavour to recover his lost property.
[*] Fifty taels, equal to about 15 pounds.