arms lost China in bad condition, the possessor is instantly punished; to the mountains near the city of Kin on the Yellow China. if a Chinese, with 30 or 40 blows of a stick; or if a river; between which places it meets with no inter64 Tartar, with as many lashes. ruption, except to the north of the city of Suen in Use of fire. Though the use of gun-powder is certainly very the province of Pecheli, where it is interrupted by a and revin ancient in China, it appears to have been afterwards ridge of hideous and inaccessible mountains, to which ved. totally lost, at least fire-arms seem to have been al- it is closely united. It is likewise interrupted by the most entirely unknown some centuries ago. Three or river Hoang-ho; but for others of an inferior size, by an easy stone stair. “ This wall (our author adds) There are in China more face of the earth, we may add, that if to its prodigious Soldiers same as where it was crossed by the British embassy, it continually mount guard there; and on the first ap- contains materials more than sufficient to erect all the pearance of tumult, the nearest sentinel makes a sig. dwelling houses in England and Scotland, even admitnal from the top of the tower, by hoisting a flag in the ting their number to be 1,800,000, and each to conday-time, or lighting a torch in the night; when the tain 2000 cubic feet of masonry. In this calculation neighbouring garrisons immediately repair to the place the huge projecting masses of stone called towers, are 65 where their presence is necessary. not included, which of themselves would erect a city Account of The principal defence of the empire against a fo- as large as London. To assist the conceptions of our the great reign enemy is the great wall which separates China readers still farther respecting this singular and stupenwall. from Tartary, extending more than 1500 miles in dous fabric, we shall only observe, that were its mate- 66 civil go China. This second tribunal, which may be called a kind has absolute authority even in its own jurisdiction ; China, . uw of civil inquisition, is subdivided into four others; the nor can its decisions be carried into execution without first entrusted with the care of selecting those who, on the concurrence of another tribunal, and sometimes of tribunals, each bas its censor appointed. This is an 2. Hou-pou, or the grand treasurer, superintends all officer whose duty is merely to watch over the prothe finances of the state ; is the guardian and protec- ceedings of the court, without deciding upon any tor of the treasures and dominions of the emperor, thing himself. He assists therefore at all assemblies, keeping an account of his revenues, &c. superintendo revises all their acts, and without acquainting the court c ing the management and coining of money, the pub- in the least with either bis sentiments or intentions, lic magazines, customhouses ; and, lastly, keeping an immediately infocms the emperor of what be judges exact register of all the families in the empire. To to be amiss. He likewise gives information of the assist this court, 14 others are appointed throughout behaviour of the mandarins, either in the public ad. the different provinces of the empire. ministration of affairs, or in their private conduct ; 3. Li-pou, or the court of ceremonies. “ It is an nay, sometimes he will not scruple to reprimand the undoubted fact (says M. Grosier), that ceremonies emperor for what he supposes to be erroneous in bis form, in part, the base of the Chinese government. conduct. This tribunal therefore takes care to support them, These censors are never removed from their places and enforce their observance; it inspects also the arts but in order to be promoted ; and thus, holding their and sciences. It is consulted by the emperor when he offices for life, they have the greater courage to speak designs to confer particular honours ; takes care of out when they observe any impropriety or abuse. the annual sacrifices offered up by him, and even re- Their accusation is sufficient to set on foot an inquiry, gulates the entertainments which he gives either to which generally leads to a proof; in which case the strangers or to his own subjects. It also receives and accused is discharged from his office, and never held in entertains foreign ambassadors, and preserves tranquil- any estimation afterwards. The complaints of the cenlity among the different religious sects in the empire. sors, however, are referred to the very tribunal against It is assisted by four inferior tribunals. whose members they complain; though, being afraid of 4. Ping-Pou, or the tribunal of arms, comprehends an accusation themselves, they very seldom pass senin its jurisdiction the whole militia of the empire ; in- tence against the accusers. specting also the fortresses, magazines, arsenals, and Besides all this, the censors also form a tribunal of store-houses of every kind, as well as the manufacto- their own, named tou-tche-yven. Its members have a ries of arms both offensive and defensive ; examining right of remonstrating with the emperor, whenever bis ; and appointing officers of every rank. It is com- own interest or that of the public renders it necessary. posed entirely of mandarins of letters; and the They inspect all lawyers and military men in public four tribunals' depending upon it consist also of li- employments." In short (says M. Grosier), they “ ( terati." are, morally speaking, placed between the prince and 5. The hong-pou, is a criminal bench for the whole the mandarins; between the mandarins and the peoempire, and is assisted by 14 subordinate tribunals. ple ; between the people and families; between fami 6. The cong-pou, or tribunal of public works, sur- lies and individuals; and they generally unite to the veys and keeps in repair the emperor's palaces, as well importance of their office incorruptible probity and inas those of the princes and viceroys, and the buildings vincible courage. The sovereign may, if he proceeds . , where the tribunals are held, with the temples, tombs to rigour, take away their lives ; but many of them of the sovereigns, and all public monuments. It has have patiently suffered death, rather than betray the besides the superintendance of the streets, public high- cause of truth or wink at abuses. It is not sufficient ways, bridges, lakes, rivers, and every thing relating therefore to have got rid of one, they must all be treateither to internal or foreign navigation. Four inferior Four inferiored in the same manner; the last that might be spared tribunals assist in the discharge of these duties ; the would tread in the same steps with no less resolution first drawing the plans of public works; the second than those who went hefore him. In the annals of no directing the work-shops in the different cities of the nation do we find an example of such a tribunal, yet empire ; the third surveying the causeways, roads, it appears to be necessary in all without exception. bridges, canals, &c.; and the fourth taking care of We must not, however, imagine, that the privileges of the emperor's palaces, gardens, and orchards, and re- a censor give him a right to forget his duty to his 67 ceiving their produce. sovereign, or to communicate to the public those rePartiality All the tribunals are composed, one half of Chi- marks which he takes the liberty of making to him: of gover. nese, and the other of Tartars ; and one of the pre- were he only to give the least hint of then to his col. sidents of each superior tribunal is always a Tartar leagues, he would be punished with death ; and he wards the born. None of the courts above described, however, would share the same fate did be, in any of his repre. sentations, ment to China. sentations, suffer a single word, inconsistent with mode- &c. No husband, however, can put away or sell bis China. ration or respect, to escape him." wife until a divorce is legally obtained; and if this re- tioned. The first is that of princes; and which, in privately withdraws herself from her husband, he may ment. body the mandarins of the first class, and the presidents to her parents that he is bis son or relation. In all 70 of the supreme class, are generally chosen. these cases the marriage is null and void ; and all those Filial piety The basis of all the civil laws of the Chinese is fic who have bad any share in making up the match are the basis of all their lial piety. Every mandarin, who is a governor either severely punished. laws. of a province or city, must instruct the people assem- 3. Any mandarin of letters is forbidden to form an no person can ever be supposed capable of forget- riage during the time of mourning for his father or 71 ting mother; and if promises have been made before, they Of their The Chinese are allowed only to have one wife, cease immediately on that event taking place. After marriages, whose rank and age must be nearly equal to that of the usual time of mourning is expired, however, the their husbands ; but they are allowed to have several parents of the intended bride are obliged to write to These concubines, however, riences any severe misfortune, and even if a near rela. sent. 6. Two brothers cannot marry two sisters ; nor is , lifetime, and is even liable for the debts contracted by widow assign her a proper maintenance ; and, 2. if tion is authorized by law, and the adopted child imme72 the widow embraces a religious life, and becomes a diately enters into all the rights of a lawful son ; only Divorces, bonzesse. the law gives a right to the father of making a few unlawful Divorces are allowed in China in cases of adultery, dispositions in favour of his real children. The chilmarriages, mutual dislike, incompatibility of temper, jealousy, dren, however, whether adopted or not, cannot suc&c. VOL. VI. Part I. C † ceed There are 73 Criminal code. ceed to the dignity or titles of their father, though they terference of the supercargoes of the East India Com. ted in this country to the 10th generation, although Though the Chinese laws authorize slavery, yet the the law in general is conceived to be satisfied with impower of the master extends only to those matters which plicating the nearest male relatives in the guilt of the concern his own service; and he would be punished actual perpetrator of the crime, but with commutation with death for taking advantage of his power to debauch of punishment from death to exile. It appears to us, the wife of his slave. that nothing can be conceived more tyrannical than a By the laws of China husbandmen are exempt from law which pretends to inflict punishment on an innothe payment of taxes after they have begun to till the cent person, since no man can be a traitor, merely earth to the beginning of barvest. from the circunstance of his being the relation of one, It appears, from recent information respecting many and the absurdity of supposing that a non-existence is interesting particulars relating to China, that the ut. capable of committing a crime, must be obvious to most attention seems to have been paid to the different every man. The fifth law in the forementioned exdegrees of enormity attached to those actions of men tract is peculiarly cruel and unjust, since it subjects a wbich are denominated criminal. The code of laws man to different degrees of punishment, according to is pronounced the reverse of sanguinary, and it is affirm- the different effects which those actions may produce. ed by competent judges, that if the practice in all re. It is with a degree of national pride that we torn from spects coincided with the theory, few nations could boast this cruel, absurd specimen of Chinese legislation, this of a milder or more effectual administration of justice. strange judicial thermometer, if we may be allowed the But while they do not consider the crime of pilfering a expression, to the nice discriminations which are made few small pieces of money as of equal enormity with the by the laws of our own country respecting the shedding shedding of human blood, yet they pay too little at. of blood, the gradations of guilt attending which we tention to the three different circumstances under wbich have already mentioned, and which are distinguished by that action may exist; either as accidental, uninten- the appropriate names of manslaughter, culpable hometional as to the extent of taking away life, or malici. cide, and wilful murder. ously premeditated. Even foreigners who have the The denjinciations of Moses, it may be said, have misfortune to kill a Chinese, however casually it may some resemblance to this Gothic code of the Chinese, be done, have been punished in the very same manner especially when be declares that the deity would visit as a traitor or deliberate assassin. As foreigners in- the iniquities of the fathers upon the children to the tending to reside in China may be at a loss to deter- third and fourth generation. It is not our province, in mine how, when, and by what various means their this account of China, to write an apology for Moses in lives may be endangered, the following abstract of the this particular instance, although it must be granted that criminal code of that country may perbaps be beneficial he bad a most obstinate and refractory race of beings to to some of our readers, govern, and to preserve a becoming degree of order and 1. A man who kills another on the supposition of subordination among them. He might therefore have notheft, shall be strangled, according to the law of homi- thing more in view than political expedience ; an opicide committed in an affray. nion which we are the more encouraged to entertain, 2. A man who fires at another with a musket, and when we find the prophet Ezekiel reprobating the kills him, shall be beheaded, as in cases of wilful mur. idea of making the innocent suffer for the guilty, in der. If the sufferer be wounded, but not mortally, the the following beautiful passage. that offender shall be sent into exile. ye use this proverb concerning the land of Israel, say3. A man who puts to death a criminal who had ing, the fathers bave eaten sour grapes, and the chilbeen apprehended, and made no resistance, shall be dren's teeth are set on edge? As I live, saith the Lord, strangled, according to the law against homicide com- ye shall not have occasion any more to use this proverb mitted in an affray. in Israel. Bebold all souls are mine ; as the soul of 4. A man who falsely accuses an innocent person of the father, so also the soul of the son, is mine. The theft (in cases of greatest criminality) is guilty of a coul that sinneth, it shall die. The son shall not bear capital offence ; in all other cases the offenders, whe: the iniquity of the father, neither shall the father bear ther principals or accessaries, shall be sent into ex- the iniquity of the son : the righteousness of the rightile. eous shall be upon him, and the wickedness of the wick5. A man who wounds another unintentionally, ed shall be upon him." shall be tried according to the law respecting blows In criminal matters every person accused must be given in an affray, and the punishment rendered more examined before five or six tribunals; and whose inor less severe, according to the degree of injury sus- quiries are directed not only against bim, but against tained. his accuser, and the witnesses that appear in the cause. 6. A man, who, intoxicated with liquor, commits He is, however, obliged to remain in prison during outrages against the laws, shall be exiled to a desert the process : “ but (says M. Grosier) the Chinese country, there to remain in a state of servitude. prisons are not horrible dungeons like those of so maFor this abstract we are indebted to the humane in- by other nations ; they are spacious, and have even a degree " What mean ye а 74 China degree of convenience. One of the mandarins is ob- ly manner to amend ; and after giving him 20 sound Cliina. liged to inspect them frequently; and this he does blows discharges him. 76 Banishthose who are sick. He is obliged to see them pro- rior to homicide, and the duration is often for life, if ment, &c. perly treated, to send for physicians, and to supply the criminals be sent into Tartary. Some culprits them with medicines at the emperor's expence. If are condemned to drag the royal barks for three years, any of them dies, he must inform the emperor, who or to be branded in the cheeks with a hot iron, indiperhaps will order some of the higher mandarins to ex- cating the nature of their transgressions. Robbery beamine whether the former bas discharged his duty faith- tween relations is more severely punished than any ofully or not. ther; and that is accounted the most atrocious where Method of The slightest punishment in China is the bastinado; younger brothers or nephews appropriate to theminflicting and the number of blows is to be determined by the selves beforehand any part of the succession in which the basti. degree of the offender's guilt. Twenty is the lowest they have a right to share with their elder brothers or nado. number : and in this case the punishment is consider- nephews. 77 , , on it a bag is punished with 100 blows of the pan-tsee ; striking 73 cers stand around him, each furnished with these pan. Homicide, even though accidental, is punished with Capital putsees, and waiting only for bis signal to make use of death in China. A rope about six or seven feet in nishments, them. The mandaria then takes out one of the little length, with a running noose, is thrown over the cri-ed. sticks contained in the bag, and throws it into the hall minal's head; and a couple of domestics belonging to of audience. On this the culprit is seized and stretch- the tribunal pull it strongly in different directions. ed out with his belly towards the ground; his breeches They then suddenly quit it, and in a few moments are pulled down to his heels, and an athletic domes- give a second pull; a third is seldom necessary to fitic applies five smart blows with his pan-tsee. If the nish the business. Beleading is accounted in China judge draws another small stick from the bag, ano- the most dishonourable of all punishments, and is rether officer succeeds, and bestows five more blows; served only for desperate assassins, or those who comand so on until the judge makes no more signals. When mit some crime equally atrocious with murder. To be the punishment is over, the criminal must throw him- cut in a thousand pieces is a punishment inflicted only self on his knees, incline his body three times to the upon state criminals or rebellious subjects. It is per. earth, and thank the judge for the care he takes of his formed by tying the criminal to a post, scalping the 75 education. skin from the head and pulling it over the eyes. The The For faults of a higher nature, the carrying of a executioner then tears the flesh from different parts of cangue, or wooden collar, called by the Portuguese the cangue, is unhappy wretch's body; and never quits this horrible wooden inflicted. This machine is composed of two pieces of employment till mere fatigue obliges him to give over : collar. wood hollowed out in the middle, which, when put the remains of the body are then left to the barbarous , , C2 making a |