duplicity exhibited, and often without shame, by the high Japanese offieials
and public functionaries in their negotiations and intercourse with strangers.
We do not mean to say that these had traits belong to the people generally.
On the contrary, almost every writer describes them as naturally frank in
manner, communicative and open in speech on ordinary topics, and possessed
of a very high sense of honor. They are a people of very ingenious
and lively minds, possessed of shrewdness, of great personal bravery, as
their 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. MacParlane, 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 fbund 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. I f a
party is aggrieved, he 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 unstanter ,* and so ends an ordinary lawsuit. I f 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 must 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 the 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 proportion 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 species
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
prisoners. 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.
We have already alluded to the well known, yet remarkable feature of
Japanese polity, which has for so long a time induced the government rigorously
to interdict all communication between its subjects and foreigners, with
the single exception of the Dutch and Chinese. This exclusive system did
not always prevail. We shall have occasion, presently, to give the history
of its origin, and to place before the reader a statement of the means
whereby the Dutch succeeded in the establishment of their commercial factory
at Dezima, in the port of Nagasaki. I t is only necessary now to remark
that, prior to the visit of the United States’ expedition, no other port but
Nagasaki was open to a European ship, and, except at that spot, no Japanese
was permitted to buy from or sell to a western stranger. The Chinese
had some few privileges of trade, hut these were hedged around with jealous
restrictions that hampered their commercial relations and intercourse quite
as much as those of the Europeans. With this general, and necessarily brief
view of the leading features of the Japanese government and policy, we pass
on to another topic.