Ir Censorial protests and Imperial decrees would do the work, the administration of justice in China would soon be purified; but as the decrees are simply exhortations to the Magistrates to be honest, and to the higher provincial authorities to be attentive—they have about as much effect as homilies usually have. They are read, admired, and put aside; and things go on as before. The fact is, unless the Magistrate is unwise enough to offend some influential parties by his decision, there is practically no appeal from it, His superiors simply confirm without investigating; and Peking sends the case back to be rebeard by the original judges, who simply uphold their own sentence. A decree in the Pekitig Gazette of the 8th April refers-to this practice in terms of condemnation; but we -do not suppose the authors imagine it? Will: have any-effect, It is all very well to forbid the provincial Governments "to! remit appeal cases to be reinvestigated by the officials before whom the cause was tried in the first instance but it is quite another thing to make the: order of effect.. The fat is, it suits the officials both high and low, to discourage appeals; the former in order to retain their power, the latter to save themselves trouble.. We suspect a Governor..or ® Viceroy who showed @ disposition "to"honestly me die vestigate cases appealed to him, would soon: be-'so "overwhelmed with': judicial business that he would be unable to attend: to his administrative duties.
The wrong, however, is not altogether on. the side-of the officials, The practice of incarcerating witnesses. during the course of case, gives opportunities for worrying an enemy which no Chinaman could withstand, The decree we have referred to mentions that "in petitions of appeal it constantly occurs that a large number of individuals are. involved by name with malicious intent to injure them and Governors of provinces are accordingly enjoined, when appeal cases are referred back for investigation, "to use strict care in. discriminating with regard to the summoning of persons who: are named in the appeal, and to refrain from involving the innocent in harass. ing proceedings." It is, however, as we said:'before, one thing to enjoin propriety, and another to enforce it. Besides, how is the Governor to know before he investigates the case, who are really concerned in vit, and who are improperly introduced.
The Gazette of the 10th inst. discloses cognate wrong, arising out of the same system of incarceration, which is perfectly avoidable, but which is yet calmly passed over. The acting Goversid?. Generat of Fulkien and Chekeang meniorialises on the arrears of }judicial cases which have been allowed to accumulate in the former province and which have been "of such long continuance and have accumulated under so many incumbents of office, thnt the Magistrates generally are afraid to deal with them, and prisoners and wit nesses meanwhile Ianguish in confinement and suspense." It is difficalt to realisetheamount of misery and injustice that these few words probably describe. An official's usual term of office is three years, but even allowing for more rapid Temoval on promotion, arrears which have been accumulating under many incumbents must imply a delay of years; and all this while not only the.
Text read from the printed page and cleaned; old type leaves the occasional error.