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It is
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201
12:
es.
В
1841.
Notices of Japan, No. V.
19
they purchase outside, and the landlord would rather throw away than take back a vessel from which one had drunk. Finally, they are not numbered in a census of the population; and, what is yet more whimsical, their villages, when situated upon the high road, are not measured in the length of that road are subtracted from it, as nonentities so that, in paying by the distance between town and town, the relays of men and cattle stationed at the post-houses, the traveler is actually carried gratis through ́a village inhabited by makers of leather.
The Japanese laws are very sanguinary, admitting but little distinction between different shades of guilt, and none that turn upon the magnitude of theft. They admit of no fines—except, perhaps, in some trifling † misdemeanors amenable to municipal jurisdiction, because in the opinion of the Japanese legislators, such pecuniary punishments would give an unfair advantage to rich over poor criminals. Due pains are likewise taken to make the laws known to all classes alike. In every town and village is a spot inclosed by palisades, where, from a scaffold, every new law is proclaimed to the people; and where it is afterwards placarded, for the benefit of such as may have been absent from the proclamation. The code of police regulations is constantly placarded there.
In fact, the administra ion of justice is said to be extremely pure, making no distinction between high and low, rich and poor. If offenses against the state are more certainly punished than se against individuals, it is only because the officers of government would their own lives by neglecting to prosecute a state criminal, whilst the pro cution of crimes of the second class rests with the individual injured, who my not think it worth his while, for the mere gratification of taking a fellow-crgire's life, to add the expense and trouble of a lawsuit to the evils he has ally endured.
Minor complets and offenses are carried before the ottona, who act, in a manner secret as police magistrates, under the advice and control of the spics. The fairnes their adjudications is further insured by a right of appeal to the public tribis. But to afford means of escaping such publicity is one main ob- ject of thithority intrusted to these municipal delegates, who redress grievances and punimall transgressions natbon, thus sparing the character and feelings of many an der. The public tribunals are very solemn, diligent, and astute in their proceedings, and selum.. fail, we are assured, to elicit the truth.
But to effect this, when evidence and other mens are wanting, they have recourse to torture. From their verdict there is no appeal.
Capital punishment, and even sentence of death, necessainy involve connis- cation of property, and disgrace to the family of the criminal. Hence, a man of the higher orders, publicly accused and conscious of guilt, prevents his trial by at once ripping himself up. If the criminal be arrested too suddenly to allow of this step, and the family excite sufficient interest to induce the judicial and prison authorities to incur some little risk for their sake, recourse is had to two nathon forms of death before sentence. When most kindness is felt, the prisoner is privately supplied with a weapon with which to rip himself up; but this is a rare indulgence, because attended with considerable risk to the friendly agent. The more ordinary course is, to order the prisoner to be tortured, for the purpose of extorting confession; at the same time, causing an intimation to be given to the executioner, that should the operation prove fatal, no questions will be asked. In
* Siebold.
+ Meylan,
+ Fischer.