Releasing Prisoners

GEMS OF CHINESE LITERATURE

SINCERITY and a sense of duty,—these are the attri­butes of the virtuous. Punishment and death,— these are the portion of the depraved. To deserve death in the iniquity of guilt,—this is the climax of crime. To die without regret at the call of duty,—this is the acme of heroism.

When the second Emperor of the late Tang Dynasty had just been six years upon the throne, he released more than 300 condemned criminals, and sent them to their homes on condition that within a certain period they should return to meet the penalty of death. This was simply to bid those unprincipled wretches play the difficult role of heroes.

At the expiry of the time, they all returned to the prison without one exception. No true hero could have acted thus: those men found it easy enough. It was, to say the least of it, unnatural.

A friend has suggested that in spite of their deep-dyed guilt and unqualified want of principle, the Em­peror’s act of grace might possibly have converted them from their evil ways; such a marvellous and speedy con­version not being without precedent. But I say that his Majesty did this thing solely with a view to gain for himself a good report. We may rest assured that when he released these men he knew full well they would come back in the hope of a pardon; and that therefore he released them. We may rest assured that the return of the prisoners was based upon the certainty of receiving a pardon, and that therefore they came back. And if his Majesty only released them because he felt they would return, he was simply discounting the impulses of his subjects; while if the prisoners only returned because they felt they would be pardoned, they were likewise discounting the mercy of their ruler. As far as I can see, the credit of the whole affair was a product of mutual spoliation. Where indeed was the magnanimity of the one or the heroism of the other?

X囚諭

 XX修

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Let us consider. The Emperor had then been gra­ciously reigning over the land for the space of six years. If during that time he had been unable to prevent evil men from doing evil deeds, it is absurd to suppose that he could suddenly, by a single act of grace, convert them into heroic and dutiful subjects. What, it may be asked, was the proper course to pursue ? I reply that those pri­soners who returned should have been put to death; and then, on any future occasion of the kind, it would be fair­ly established that returning prisoners were influenced by a sincere sense of duty. But under those circumstances, there would of course be no prisoners forthcoming.

To release in that way and to pardon on return, might be all very well in an individual case. But to apply the principle repeatedly, would be equivalent to pardoning murderers in general, directly contrary to all laws human and divine. Thus it was that the wise rulers cf old based their administration upon the normal work­ings of the human heart. They sought no extraordinary standard of conduct with a view of exalting themselves; neither did they act in opposition to the natural instincts of man in order to secure the approbation of the public.