which it would be highly dangerous for even the emperor to depart. The Chinese is emphatically a government of precedents, and the monarch is in reality the creature of custom and etiquette. All employments are bestowed according to fixed rules on those who have obtained certificates of proficiency, after passing their examinations. Next after the emperor the court is composed of four principal ministers, two Tartar and two Chinese, who form the great council of state, assisted by certain assessors from the han-lin, or great college, who have studied the sacred books of Confucius, the basis of all Chinese law. These great functionaries are the imperial cabinet. The actual business of the empire is executed by the Le-poo, or six boards: 1. The Board of Official Appointments. 2. The Board of Revenue. 3. The Board of Rites and Ceremonies. 4. The Military Board. 5. The Supreme Court of Criminal Jurisdiction; and 6. The Board of Public Works. There is also a colonial office, composed of Manchoos and Mongols; so that the respective tributary princes may have confidence in referring whatever concerns their interests to their own countrymen. Each province is governed by a viceroy, appointed by board No. 1; and every town is presided over by a magistrate. Subordinate officers superintend the lesser divisions. All these functionaries are removed every three years; and that no ties of kindred may interfere with the strict discharge of their duties, the viceroys and magistrates are forbidden to marry within the limits of their rule. For all state offices merit alone is the qualification. The son of the poorest peasant or artificer may offer himself as a candidate, and, by talent and application, rise to the highest employments. A singular expedient is adopted to ascertain with what fidelity the viceroys and magistrates perform their duties: censors are sent out by the emperor into all the provinces to watch over the conduct of the viceroys and magistrates, and to report all delinquencies; but in China, as in Europe and America, this system of inspecting the conduct of officers in power, has proved a failure, the influence of money being found, in general, sufficient, if not to silence all bad reports, at least to delay justice until it could no longer be successfully pursued. The imperial code of China, called Ta Tsing Liuh Li, i. e., statutes and rescripts of the great pure dynasty, contains all the laws of the empire. This code is the accumulation of twenty centuries. The laws are arranged under seven leading heads: general, civil, fiscal, ritual, military, criminal laws, and those relating to public works. This great code has been translated by Sir Geo. Staunton. A new edition is published by authority every five years. The last appeared in 1830, when the emperor ordered the supreme court to make very few alterations in the edition then about to appear, lest wily litigators should take advantage of the discrepancies between the new and old edition. The edition of 1830 is in 28 volumes, and is accessible to every one in China. In China there are no authorized reports of cases and decisions, either of the provincial or supreme courts, published for general use, though a record of them is kept in the court where they were decided; and the publication of such adjudged cases, as a guide to officers, is not unknown. An extensive collection of notes, comments, and cases, illustrating the practice and theory of the laws, was appended to the edition of 1799.* A writer in the Edinburgh Review speaks of this Chinese Code as follows: "The most remarkable thing in this code is its great reasonableness, clearness, and consistency; the business-like brevity and correctness of the various provisions, and the plainness and moderation of the language in which they are expressed. There is nothing here of the monstrous verbiage of most other Asiatic productions; none of the superstitious devilation, the miserable incoherence, the tremendous non sequiturs, and eternal repetitions of those oracular performances; nothing even of the turgid adulation, the accumulated epithets, and fatiguing selfpraise of other eastern despotisms; but a clear, concise and distinct series of enactments, savoring throughout of prac tical judgment and European good sense; and if not always conformable to our improved notions of expediency in this country, in general approaching to them more nearly than the codes of most other nations." This criticism is undoubtedly correct * Williams's China, vol. i., p. 200. Chinese Code-Opinions respecting it-Punishments. 351 and its "business-like brevity." The code contains neither. Its greatest defect is its vagueness. Let us take one example: The 386th section of the criminal law "ordains that whoever is guilty of improper conduct, contrary to the spirit of the laws, but not a breach of any specific article, shall be punished at least with forty blows, and with eighty when of a serious nature." So vague, indeed, is the code, that the degree of liberty actually possessed by a citizen cannot be made out from it, and his rights are unknown in law. As to "business-like brevity," "the code exhibits," says Mr. Williams, "a minute attention to trifles, and an effort to legislate for every possible contingency, which must perplex the judge when dealing with the infinite shades of difference occurring in human actions." He further adds:"There are now many vague and obsolete statutes, ready to serve as a handle to prosecute offenders for the gratification of private pique; and although usage and precedent both combine to prove their disuse, malice and bribery can easily effect their reviviscence and application to the case." so far as regards the merits of the the Chinese code even a passing examChinese code, when compared, in a lit- ination. He speaks of its clearness," erary point of view, with other oriental productions, such as the Zendavesta and the Puranas; but we find difficulty in discovering how any code of laws can be praised for "its great reasonableness," and "its practical judgment and European good sense," which, like this Chinese code, punishes the petty crime of using abusive language with strangulation; which gives permission to a judge to torture criminals to obtain confessions; which makes corporal punishment almost the universal penalty, offences the most trivial and the gravest, whether committed by persons in the highest or the lowest walks of life, being visited by so many strokes of the bamboo. These, however, are not always inflicted. Persons under 15 or above 70, or maimed, may escape the bamboo by paying a sum of money, except the crime be a capital offence. But is this "consistency," "justice?" Is this what the Edinburgh Reviewer calls "European good sense?" The rich would always escape the bamboo; while the poor man, although he might be less guilty, would have to pay the penalty with his bare back, simply because he was poor. Such is Chinese justice; and such kind of jus- The Chinese code is certainly far sutice, though not recognized by our more perior to any other Asiatic production, enlightened codes, is not unfrequently in a literary point of view; but its deexhibited in the practical operation of fects are serious, gross, and stamp the even European and American laws. whole production with barbarism. In Money is made to cover a multitude of our article on Japan, in the December sins, and sometimes even the highest number of the Review, 1852, we noticed crimes allowing the rich criminal to the horrid cruelty of the criminal code escape, while the poor one is left either of the Japanese. The penalty for treato groan out a life of ignominious hard labor, or to dangle from a lofty gallows, for the edification of the thoughtful, and the amusement of the vicious and hardened rabble. Edinburgh reviewers are not always quite right, though they enjoy a high reputation. Their productions often resemble Chinese villages, which, when seen at a distance by some weary traveler, in the golden light of an oriental sunset, appear all that is fair and beautiful: a brilliant cluster of cheerful dwellings nestling about the foot of a gorgeous pagoda; but on entering them he finds them only a chaotic mass of dilapidated hovels, thrown together without order, and filled with squalid poverty and wretchedness. Assuredly, this Edinburgh reviewer could not have given son is the same in China as in Japan; the guilty person is condemned to a lingering death, and his innocent children are strangled, the Chinese criminal code involving the innocent family of an offender in the retribution for his crime. Mr. Davis states that in 1803 an assassin was executed for attempting the life of the emperor, and that his sons, being of tender age, were "mercifully" strangled. The pillory in China is a common punishment for petty offences, along with the bamboo. The law not only prescribes the number of blows, but even minutely describes the length and thickness of the instrument for each offence. Many of the laws seem designed to operate chiefly in terrorem, and the penalty is placed higher than the punishment The ritual laws of the code forbid, under heavy penalties, all illegal combinations under the guise of a new form of worship. Women are not allowed to congregate in the temples. All this is the result of the fear, on the part of the authorities, that the people might resist them if allowed to assemble for any purpose in large numbers. of what he has seen after traversing the whole empire. The penal laws of the empire are printed in a cheap form and widely diffused; and sixteen discourses are annually read to the public, by order of government, inculcating the duty of every man to make himself acquainted with the laws, and with the penalties consequent on their infraction. The police of China is vigilant and efficient; but, as a safeguard against oppression, the name of every person in any way connected with the government, is published in a sort of red book, of which a correct edition appears four times a year, in four volumes, 12mo., to which are occasionally added two others of army and navy lists. His He was The Emperor of China is an object of almost unbounded reverence. He is the fountain of all power, rank, honor, and privilege to all. He is the sole head of the Chinese constitution and government; he is regarded as the vicegerent of The emperor immediately preceding heaven, especially chosen to govern all the present emperor of China, was the nations, and is supreme in every thing, sixth of the Tsing or pure dynasty, who holding at once the highest legislative has reigned in China. He was the seand executive powers without control or cond son of his father Kiaking. limit. His most common appellation in given name had two syllables, but only state papers is hwangti, or august sove- one, Mien, is generally known, because reign. The term hwangti is used to de- it is the name of all in the generation to signate one possessing complete vir- which his majesty belongs. tues, and able to act on heavenly prin- born in October, 1781, and ascended the ciples." His dominions are supposed, throne in September, 1821. He reigned by the Chinese, to comprise all the best 29 years. He had three sons; two of parts of the globe; and as there can be whom, Yihchu and Yihtsung, are now but one sun in the heavens, so there can 21 years of age. He was represented as be but one hwangti on earth, the source a mild, inefficient man, and the porand dispenser of benefits to the whole traits of him in circulation present a counworld. The same absolute executive held tenance, indicating care and thoughtby him is given to his deputies and go- fulness, but no traces of intemperance. vernors-general, who exercise them with- His physiognomy was not peculiarly in the limits of their jurisdiction. The Mongolian, the thin features, large nose, Emperor is the head of religion, the and small lower face, likening him a source of all law and of mercy. All the little to the Circassian.t His moral forces and revenues of the empire are character had no very salient qualities. his. He has a right to the services of all He appeared to be a man fitted for males between 16 and 60 years of age. peaceful times, and not at all equal to There are no checks upon him but public a desperate emergency, like that now opinion, the want of a standing army, and agitating China. He had lived to a good the venality of his agents. The principal old age, only to see his dominions and defect of the Chinese government is the his authority dreadfully convulsed and want of a perfect control of the inferior shaken by extensive and formidable agents of the empire, who, with absolute revolts of his subjects. Taukwang, or power in their hands, often use it with glory of reason, was the name which great severity, cruelty, and injustice. the emperor, on his accession, ordered The authority of M. de Guignes, whom to be given to the period of his reign; we cite in the note below, is very high and that name was regarded, by the and positive on this subject. He speaks Chinese, as his personal name while * Chinese Chrestomathy, p. 558. +"J'ai vécu longtemps à la Chine ; j'ai traversé ce vaste empire dans toute sa longuer; j'ai vu partout le fort opprimer le faible; et tout homme ayant en partage une portion d'autorité s'en servir pour vexer, molester et écraser le peuple."- De Guignes, vol. ii., p. 438. on the throne. The surname of the preThey are the descendants of Kin, or sent reigning family is Gioro, or golden. golden, a people who subjugated much of northern China in the 11th and 12th Williams's China, vol. i., p. 309-10. Sacredness of the Emperor's Person-Empress Dowager. centuries, and were driven into Liantung by the Mongols. Nothing is omitted which can add to the dignity and sacredness of the Emperor's person or character. Almost everything used by him is tabooed from the common people, and distinguished by some peculiar mark or color, so as to keep up the impression of awe with which he is regarded, and which is so powerful an auxiliary to his throne. Every device is employed to create the impression of awe. Dressed in a robe of yellow, the color worn, say the Chinese, by the sun, the emperor is surrounded by all the pageantry of the highest dignity in the world that Chinese ingenuity can devise. The outer gate of his palace must always be passed on foot, and the paved entrance-walk leading up to it can only be used by himself. All ranks must bow the head to his vacant throne, or even a screen of yellow silk thrown over a chair, the same as if he were actually present. In his presence no one dares speak but in a whisper, and his person is considered too sacred to be often exhibited in public. An imperial dispatch is received in the provinces with the burning of incense and with prostrations. But, with all this, his dignity does not allow him to lean back in public; to smoke; to change his dress; or in fact to indulge in the least relaxation from the fatiguing support of his imperial dignity. The celebration of his birthday is conducted in a manner, as described by Mr. Staunton, calculated to convey the awful impression of his being regarded more as a god than a man. He preserves an invisibility, as if in imitation of the Deity.* In every provincial capital there is a hall dedicated solely to the honor of the emperor, in which, three days before and after his birthday, all the most distinguished citizens do him homage, the same as if he was present. The right of succession to the throne is by custom hereditary in the male line; but it is always in the power of the sovereign to nominate his successor, either from among his own children, or any of his subjects. The heir-apparent is not always known during the lifetime of the incumbent, though there is a titular office of guardian of the heir-apparent. * Staunton's Embassy; vol. iii., p. 63. Williams's China, voi. i., p. 314. Davis's China. Ellis's Lord Amherst's Embassy, p. 397. 353 The present Emperor of China is the fourth son of the late Emperor, who died in February, 1850. He has assumed the title of Szehing, and was only 19 years of age when he ascended the throne. The titular nobility of the empire, as a whole, is a body whose members are without power, lands, wealth, or influence. Some of the titles are more or less hereditary, but the whole system has been so devised, and the titles so conferred, as to tickle the vanity of those who receive them, without granting them any real power. There are twelve orders of nobility, conferred solely on the members of the imperial house and clan, all of which are to some extent hereditary. There are also several classes of the imperial princesses, whose tutelage and disposal is under the control of the empress and the court. Besides the above, there are five ancient orders of nobility, some of them the descendants of Confucius. There are attached to the palace, a corps of 5,000 eunuchs. In 1829, a law was promulgated, ordering that the sons of a murderer who had killed all the heirs of a family, should be given to the keeper of the harem to be emasculated, as one means of replenishing the number of eunuchs of the palace. The number of females attached to the harem is unknown. All of them are under the nominal discretion of the empress. Every third year, his majesty reviews the daughters of the Manchu officers over 12 years of age, and chooses such as he pleases for concubines; there are only seven legal concubines, but an unlimited number of illegal. The latter are restored to liberty when they reach the age of 25, unless they have borne children to his majesty. It is generally considered an advantage to a family, to have a daughter in the harem, especially by the Manchus, who endeavor to rise to favor and power by this sort of backstairs influence. Office-seekers have in all ages, and still continue to resort to every species of available means of currying favor with the great. The empress dowager is the most important person within the palace, and his majesty does homage to her at frequent intervals, by making the highest ceremony of nine prostrations before her. REVENUES. The central government + Williams's China, vol. i., p. 318. of China requires each province to support itself, and furnish a certain amount for the emperor and his court; bnt it is well known, says Mr. Williams, that his majesty is continually embarrassed for the want of funds, and that all the provinces do not supply enough revenue to meet their own outlays. It is believed that the precious metals are at present less abundant in China, as a circulating medium, than 30 years ago. The Chinese government, as is well known, is entirely without national credit. The revenues consist principally of tithes, not paid in the nature of taxation, but as rent, the Emperor uniting the character of universal landlord with that of king and father; but though the whole population be tenants at will, ejectment is seldom resorted to, and it is his own fault if a Chinese be ever deprived of his lands. There are no great estates in China; but if one happens to hold more land than he can conveniently cultivate, he lets it to another, on condition of his receiving half the produce, out of which he pays the whole taxes. A great part of the poorer peasantry hold land in this way.* The Emperor's rent amounts to onetenth of all the products of the soil. The revenue is paid partly in money and partly in kind. The estimates made by different authors of the total revenues of China are exceedingly various. Dr. Medhurst, who drew his information from original sources, and who is, perhaps, as worthy of credit as any one who has written on the subject, gives the following statement of the principal items of the revenue: This, however, is only the amount actually sent to the imperial treasury, after deducting all charges. The real receipts, says Mr. Williams, for any province, cannot well be ascertained by foreigners; it is, however, known that in former years the collector of customs at Canton was obliged to remit annually from 800,000 to 1,300,000 taels, and the gross receipts of his office were not far from 3,000,000 of taels. De Guignes, perhaps the highest authority on Chinese affairs, has examined the revenue system of the Chinese with his usual ability and caution, basing his calculations on a proclamation of Kienlung, in 1777, in which it was stated that the total income in bullion at that period was 27,967,000 taels. He gives the following statement for that year: Income in money, as above...... 27,967,000 taels. 27,967,000 66 1,974,662 21,800,000 38,273,500 Gabel, coal, transit duties, &c... Customs at Canton. 6,479,400 105,689,707 800,000 $200,958,694 According to this each person in China is taxed on an average only about 60 cents per annum. Mr. Barrow estimates the capitation at about 90 cents. The official account of the revenues for 1840, as given in the government Red Book, for all of the eighteen provinces, shows the revenue for that year to have amounted to 58,097,000 taels of $1 33c. each, equal to $77,462,666.† This, however, was * Barrow's China, p 398. De Guignes, vol. iii., p. 341. Williams's China, vol. ii., p. 100. † Annales de la Foi, tome xvi. p. 440. or 89,713,400 $119,617,866 The difference of about $80,000,000 between this statement and that given above by Dr. Medhurst, may be explained by considering that De Guignes' statement is for 1777, and that of Dr. Medhurst for 1838, we believe; during which period the notable increase of population might explain the increase of The TAEL, $1 33. Chinese Commercial Guide, 2nd edition, p. 143. |