JURISPRUDENCE

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.

Chinese Sketches · 第 23 / 50 题