Japan and the Japanese

Japan and the Japanese Japan and the Japanese

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268 JAPAN. A. D. 1690 1C92. Accused persons were often made to confess by torture. Capital punishments were either by beheading or crucifixion. Other punishments and this class was often inflicted for the misdemeanors of others were imprisonment, for longer or shorter periods, ban- ishment to certain desolate spots and islands, and forfeiture of property and office. Punishments were prompt and severe ; yet great regard was had to the nature of the offence, the condition of the person who committed it, and the share of guilt to be reason- ably laid to the charge of his superiors, relations, or neighbors. The practice of making young children suffer with their parents was possibly intended as much in mercy to them as to aggravate the punishment of the real offenders.* It is by this same motive of humanity, that the Japanese justify their practice of exposing such infants as they have not the means or inclination to support and educate. Persons sentenced to death could not be executed without a warrant signed by the council of state at Jedo, which must like- wise be consulted in all affairs of moment, provided they admit of the delay necessary to send a courier and receive an answer. This, however, did not prevent the governors of Xagasaki, and other high officers, from liberally exercising the right of life and death in the case of their own immediate servants and retainers. All servants, indeed, were so far at the disposal of their masters, that, if they were accidentally killed while undergoing punishment, the master was not answerable. Yet, in general, as in China, homicide, even in self-defence or undesigned, must be expiated by the blood of the offender, and even his neighbors were, in many cases, held to a certain extent responsible. " Some will observe," says Kiimpfer, " that the Japanese are wanting in a competent knowledge of the law. I could heartily wish, for my part, that we Europeans knew as little of it as they, since there is such an abuse made of a science highly useful in itself, that innocence, instead of being relieved, is often still more oppressed. There is a much shorter way to obtain justice in Japan, * It would seem from Guysbert, that the participation by young children in the death decreed against the parents, was rather the act of those parents who had the power of life and death over their children, and who did not ch< )se to part with them iu this extremity.

TAXATION. and, indeed, all over the East ; no necessity for being at law for many years together, no occasion for so many writings, answers, briefs, and the like. The case is, without delay, laid before the proper court of judicature, the parties heard, the witnesses exam- ined, the circumstances considered, and judgment given without loss of time. Nor is there any delay to be apprehended from appealing, since no superior court hath the power to mitigate the sentence pronounced in another, though inferior. And, although it cannot be denied but that this short way of proceeding is liable to some errors and mistakes in particular cases, yet I dare affirm that in the main it would be found abundantly less detrimental to the parties concerned than the tedious and expensive law-suits in Europe." Certain yearly contributions, under the name of free gifts, were paid by all the house-owners and office-holders of Nagasaki, partly as perquisites to the governor and other officers, and partly for municipal purposes. So far as the house-owners were concerned, it amounted to a regular tax, levied according to the size of the lots ; but this sort of levy was said to be unknown in other cities of the empire, and at Nagasaki was much more than made up for by the surplus share of the house-owners in the duty levied on the foreign trade, which, after paying all particular services and municipal expenses, was divided among them. The only other tax was an imperial ground-rent on the house-lots four mas (fifty cents), in the old town, and six mas (seventy-five cents) in the upper town, for every kin (very nearly six English feet) of frontage, where the depth was not more than fifteen kin. On every lot exceeding that depth the tax was double. This is stated by Kampfer to be the only town tax levied throughout the empire, whether in the towns of the imperial domain, or in those belonging to particular lords, and the city of Miako, by a particular privilege, was exempt even from this. A municipal police, similar to that of Nagasaki, was established in all the other towns, boroughs, and villages, with this difference only, that the magistrates, though invested with the same power, were, perhaps, known by different names, and that their adminis- tration was, in general, much less strict than at Nagasaki. The adjacent country was under the control of an imperial 23*

TAXATION.<br />

<strong>and</strong>, indeed, all over <strong>the</strong> East ; no necessity for being at law for<br />

many years toge<strong>the</strong>r, no occasion for so many writings, answers,<br />

briefs, <strong>and</strong> <strong>the</strong> like. The case is, without delay, laid before <strong>the</strong><br />

proper court of judicature, <strong>the</strong> parties heard, <strong>the</strong> witnesses exam-<br />

ined, <strong>the</strong> circumstances considered, <strong>and</strong> judgment given without loss<br />

of time. Nor is <strong>the</strong>re any delay to be apprehended from appealing,<br />

since no superior court hath <strong>the</strong> power to mitigate <strong>the</strong> sentence<br />

pronounced in ano<strong>the</strong>r, though inferior. And, although it cannot<br />

be denied but that this short way of proceeding is liable to some<br />

errors <strong>and</strong> mistakes in particular cases, yet I dare affirm that in<br />

<strong>the</strong> main it would be found abundantly less detrimental to <strong>the</strong><br />

parties concerned than <strong>the</strong> tedious <strong>and</strong> expensive<br />

law-suits in<br />

Europe."<br />

Certain yearly contributions, under <strong>the</strong> name of free gifts, were<br />

paid by all <strong>the</strong> house-owners <strong>and</strong> office-holders of Nagasaki, partly<br />

as perquisites to <strong>the</strong> governor <strong>and</strong> o<strong>the</strong>r officers, <strong>and</strong> partly for<br />

municipal purposes. So far as <strong>the</strong> house-owners were concerned,<br />

it amounted to a regular tax, levied according to <strong>the</strong> size of <strong>the</strong><br />

lots ; but this sort of levy was said to be unknown in o<strong>the</strong>r cities<br />

of <strong>the</strong> empire, <strong>and</strong> at Nagasaki was much more than made up for<br />

by <strong>the</strong> surplus share of <strong>the</strong> house-owners in <strong>the</strong> duty levied on <strong>the</strong><br />

foreign trade, which, after paying all particular services <strong>and</strong> municipal<br />

expenses, was divided among <strong>the</strong>m. The only o<strong>the</strong>r tax was<br />

an imperial ground-rent on <strong>the</strong> house-lots four mas (fifty cents),<br />

in <strong>the</strong> old town, <strong>and</strong> six mas (seventy-five cents) in <strong>the</strong> upper town,<br />

for every kin (very nearly six English feet) of frontage, where <strong>the</strong><br />

depth was not more than fifteen kin. On every lot exceeding that<br />

depth <strong>the</strong> tax was double. This is stated by Kampfer to be <strong>the</strong> only<br />

town tax levied throughout <strong>the</strong> empire, whe<strong>the</strong>r in <strong>the</strong> towns of<br />

<strong>the</strong> imperial domain, or in those belonging to particular lords, <strong>and</strong><br />

<strong>the</strong> city of Miako, by a particular privilege, was exempt even from<br />

this.<br />

A municipal police, similar to that of Nagasaki, was established<br />

in all <strong>the</strong> o<strong>the</strong>r towns, boroughs, <strong>and</strong> villages, with this difference<br />

only, that <strong>the</strong> magistrates, though invested with <strong>the</strong> same power,<br />

were, perhaps, known by different names, <strong>and</strong> that <strong>the</strong>ir adminis-<br />

tration was, in general, much less strict than at Nagasaki.<br />

The adjacent country was under <strong>the</strong> control of an imperial<br />

23*

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