18 INTRODUCTION. 



history shows, and far superior (at least in our opinion) to any other civilized eastern nation. 

 But the officials are placed in a false position by the -wretched system of spies, and dare not act 

 openly and frankly. As government functionaries they lie and practice artifice to save themselves 

 from condemnation by the higher powers; it is their vocation; as private gentlemen, they are 

 frank, truthful, and hospitable. MacFarlane, who speaks of this official deception, says he has 

 observed precisely the same thing among the Turks. Nearly every Turk, unconnected with 

 government, may be described as being in his private intercourse a frank, truth-loving, honorable 

 man ; while nearly every one holding a government office may be considered as exactly the 

 reverse. These facts present a seeming anomaly, and yet we are not sure that something very 

 like it, and differing in degree only, may not be found nearer to home than Japan. 



The severity of the Japanese laws is excessive. The code is probably the bloodiest in the 

 world. Death is the prescribed punishment for most offences. The Japanese seem to proceed 

 on the principle that he who will violate one law will violate any other, and that the wilful 

 violator is unworthy to live ; he cannot be trusted in society. Their laws are very short and 

 intelligible, and are duly made public in more modes than one, so that no man can truly plead 

 ignorance ; and the proceedings under them are as simple as the laws themselves. There are 

 no professional lawyers in the kingdom ; every man is deemed competent to be his own pleader. 

 If a party is aggrieved, be immediately appeals to the magistrate, before whom the other party is 

 soon made to appear. The case is stated by the complainant in his own way, and the accused is 

 heard in reply. The magistrate examines the witnesses, and it is said that this officer generally 

 displays great acuteness in detecting falsehood. He passes sentence, and it is carried into 

 execution histanter ; and so ends an ordinary lawsuit. If the matter in controversy be of great 

 importance, the magistrate may refer it to the Emperor in council ; but if he sees fit to decide it 

 himself there is no appeal. Sometimes, in trifling cases, he orders the parties to go and settle 

 the matter privately with the aid of friends, and it is well understood that it 7nust be thus settled, 

 or unpleasant consequences will result. Sometimes, when both plaintiff and defendant are in 

 fault, he awards censure to both, as they may deserve it, and sends them about their business. 

 "We have said their code is bloody in principle, and very often it is sanguinary in practice. Still 

 the relentings of humanity have forced the administrators of justice to some modification of tlie 

 theory which prescribes indiscriminate severity. 



The magistrate may sentence to death, but he is not obliged to do so, except in cases of murder. 

 He may, therefore, exercise a large discretion. He may imprison in a raya or cage. In this 

 case, the prisoner is allowed a fair projiortion of wholesome food, and provision is made for 

 cleanliness and ventilation. But there is another prison, commonly a dungeon in the governor's 

 house, known by the significant name of gokuya, hell. Into this more are thrust than it will 

 conveniently hold ; the door is never opened except to admit or release a prisoner ; the food is 

 passed within through a hole in the wall, and there is neither light or ventilation except through 

 a small grated hole or window at the top. Books, pipes, and every sjiecies of recreation are 

 prohibited ; no beds are allowed, and the prisoner is subjected to what he considers the deep 

 degradation of being made to wear a rope of straw around his waist instead of the usual silk or 

 linen girdle. The diet is limited and very poor ; but if a rich man is confined, he may buy 

 better food, on condition that he will share it equally with all his fellow j^risoners. The Japanese 

 doctrine is that, if a man of wealth or influence is a criminal, he has no right to fare any better 

 than the poorest man in the Kingdom who commits a crime, therefore all shall be treated alike. 



