1. Changes in the Penal Procedures for the Smuggling.
In the firstpart of the Tokugawa period (1666-1717), the government took the policy of terror as regards the crime of Smuggling, and heavy punishments, such as
Haritsuke _??_ (crucification) and
Gokumon _??__??_ (gibbeting of head), were inflicted upon the offenders.
In the second part (1718-1788) of the same period, the offenders were seldom punished with death, and such lighter punishments as
Tsuiho _??__??_ (banishment),
Irezumi _??__??_ (tattooing),
Kessho _??__??_ (confiscation) were imposed upon the offenders. Measures were also taken to facilitate
Sonin _??__??_ (information),
Jiso _??__??_(self-surrender),
Sashiguchi _??__??_ (secret information), and by exposing thoroughly these different cases of pu-nishment, the government aimed at special prevention.
In the last part of the period, the government returned to its original policy of terror, and people had to smuggle at the risk of their lives, though actually they were not so mercilessly treated as before, when they were captured. But it is noteworthy that in this last period capital punishment was imposed not only on those who committed the crime itself, but also on those who dealt in smuggled articles, and that the off-shore smugglers were punished just as heavily as the in-shore ones.
2. The Penal Regulations concerning Smuggling and the
Osadamegaki-Hyakkajo _??__??__??__??__??__??_ (The Code of 100 Articles)
The penal regulations concerning smuggling can not be found in the Code of 100. Articles, which is to be regarded as the basic code of the Tokugawa Regime. That they were not included in the Code is not accidental. The legislators of the Tokugawa Period decided that smuggling had better be left out of the Code. The reason for this decision was that smuggling was in its nature one of those crimes that could best be dealt with by the
Nagasaki-Bugyo _??__??__??__??_ (the Nagasaki Magistrate), and the legislators authorized this official to deal with it at his own discretion.
3. The Crime of Smuggling and the Feudal Lords
Smuggling was under ban all over the country. It constituted a crime either in the districts under the direct control of the Shogunate or in the private estates. Now the Shogunate endowed the feudal lords with extensive jurisdiction, and as a rule, authorized them to administer justice in criminal cases that occured in their own estates. However, as to the crime of smuggling in question, they were not invested with the power to punish it, though they were allowed to make inquiries. Why was it that the Shogunate made an exception of the crime of smuggling? Obviously because smuggling was considered a serious crime to the Shogunate which engrossed the profits of the oversea trade, whereas, the feudal lords, who gained nothing from the trade, considered it a negligible crime, and upon the arrest of the offenders, behaved only half-heartedly. They rather tried to protect and encourage smuggling, because the smugglers could be helpful in recovering the difficult positions in which they often found themselves.
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