Not so long ago the Chinese, as in most European countries, regarded torture as the best test of truth and the only sure mode of obtaining it from an unwilling witness. All evidence given without it in grave criminal cases involving life and death would be regarded in the Chinese judicature precisely in the same light as formal evidence in our courts without the formality of oath, and held inadmissible as grounds for conviction.
As I? Wade clearly indicated in his full memorandum enclosed in my despatch No. 4 of 85 of the 11th of May 1866, we have already, by the negotiations entered into at that time with the Prince of Kung for the withdrawal of all criminals surrendered by the operation of the law in cases of heinous crime overridden by the fundamental principles of our legislature on criminal cases, who decrees as necessary for the repression of crime in its worst form punishment proportioned to the enormity of the offence. We have at the same time undoubtedly violated a religious belief that it is displeasing to Heaven not to distinguish between greater crimes now punished by "ling chih" by a penalty eminently severe instead of by simple decapitation for a great number of lesser offences.
This attempt to impose our principles of legislation or procedure, however regarded as a particular class or limited number of crimes still claiming power, can hardly fail upon another independent and sovereign nation to bring with it anomalies and serious difficulties. However superior our ideas and principles may be, it is hardly possible to graft the Chinese system by a mere clause or to hope that they can be susceptible of assimilation by the Chinese mind.
Montesquieu, in his "Esprit des lois" observes, very truly, I believe, that "Les lois politiques et civiles de chaque nation doivent être tellement propres au peuple pour lequel elles sont faites que c'est un très grand hasard si celles d'une nation peuvent convenir à une autre. Il faut qu'elles soient...
Page 407
not so
by
Long ago
the Chinese as
in most Europeen commbrics, regarded
the best test of
brith a the only
Sure mode of obtaining it from an unwilling
witness. All Evidence
without it in
grave
given Criminal cases involving Life & death w? be regarded in the Chinese Indicature precisely in the same:
und Evidence in our Courte without the
light as formality of
oath, & held inadmissible
ad
grounds for
conviction.
to I? Wade clearly
indicated in hir
full memorandum Enclosed in
4: 85
of
very my despatch
the 11th of May 1866, we have already
by the negotiations entered into at that time with
the Prince of Kung for the with drawal of all
Criminals surrendered by
of
the law in cases of
ins
from
the operation
heinous crime overridden
the fundamental principles of these legislature
on criminal cases,
who decrees as necessary
crime in its worst former
to
A
the repression of punishment proportioned to the enormity of the offence. We have at the same time undoubtedly
vicated.
violated a religious belief that it is
Heaven not to distinguish
the
407
displeasing to
grever Crimes now
punished by "ling: chich" by a penalty Eminently severe instead of by simple decapitation who is
for a great mumber of lesser offences. This attempt to impose our principles of
decreed
legislation
or procedure hoen as
regards a particular
of crimierte
Class or limited number of nation still claiming
Power can
Au
hardly fail
upon
another
independent & Sovereign
to bring
with it anomalies
& serious difficulties. However superior
ideas & principles
ao
be it is
practice may be,
them upon
well
And
A
judicial
our
hardly possible to graft the Clinicce System by a meaty clou
or to hope that they can be susceptible of
assimilation
by
the Chinese mind.
Montesquien,
in
his "Esprit des lois observe, very truly, I believe, that "Les lois politiques "It civiles de chaque nation doivent être tellement
" propres au peuple pour lequel illes sont faites
très grand hasard si celles d'une que c'est
autre. Il faut
"reation peuvent
Convluir
à
mul
'elles
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