Travels in China - Sir John Barrow (drm ebook reader .TXT) 📗

Considerations of this kind, rather than any dread of his subjects, may probably have suggested the custom which prohibits an Emperor of China from making his person too familiar to the multitude, and which requires that he should exhibit himself only on particular occasions, arrayed in pomp and magnificence, and at the head of his whole court, consisting of an assemblage of many thousand officers of state, the agents of his will, all ready, at the word of command, to prostrate themselves at his feet.

The power of the sovereign is absolute; but the patriarchal system, making it a point of indispensable duty for a son to bring offerings to the spirit of his deceased parent in the most public manner, operates as some check upon the exercise of this power. By this civil institution, the duties of which are observed with more than a religious strictness, he is constantly put in mind that the memory of his private conduct, as well as of his public acts, will long survive his natural life; that his name will, at certain times in every year, be pronounced with a kind of sacred and reverential awe, from one extremity of the extensive empire to the other, provided he may have filled his station to the satisfaction of his subjects; and that, on the contrary, public execrations will rescue from oblivion any arbitrary act of injustice and oppression, of which he may have been guilty. It may also operate as a motive for being nice and circumspect in the nomination of a successor, which the law has left entirely to his choice.

The consideration, however, of posthumous fame, would operate only as a slender restraint on the caprices of a tyrant, as the history of this, as well as other countries, furnishes abundant examples. It has, therefore, been thought necessary to add another, and perhaps a more effectual check, to curb any disposition to licentiousness or tyranny that might arise in the breast of the monarch. This is the appointment of the Censorate, an office filled by two persons, who have the power of remonstrating freely against any illegal or unconstitutional act about to be committed, or sanctioned by the Emperor. And although it may well be supposed, that these men are extremely cautious in the exercise of the power delegated to them, by virtue of their office, and in the discharge of this disagreeable part of their duty, yet they have another task to perform, on which their own posthumous fame is not less involved than that of their master, and in the execution of which they run less risk of giving offence. They are the historiographers of the empire; or, more correctly speaking, the biographers of the Emperor. Their employment, in this capacity, consists chiefly in collecting the sentiments of the monarch, in recording his speeches and memorable sayings, and in noting down the most prominent of his private actions, and the remarkable occurrences of his reign. These records are lodged in a large chest, which is kept in that part of the palace where the tribunals of government are held, and which is supposed not to be opened until the decease of the Emperor; and, if any thing material to the injury of his character and reputation is found to be recorded, the publication of it is delayed, out of delicacy to his family, till two or three generations have passed away, and sometimes till the expiration of the dynasty; by that indulgence they pretend, that a more faithful relation is likely to be obtained, in which neither fear nor flattery could have operated to disguise the truth.

An institution, so remarkable and singular in its kind in an arbitrary government, could not fail to carry with it a very powerful influence upon the decisions of the monarch, and to make him solicitous to act, on all occasions, in such a manner, as would be most likely to secure a good name, and to transmit his character unsullied and sacred to posterity. The records of their history are said to mention a story of an Emperor, of the dynasty or family of Tang, who, from a consciousness of having, in several instances, transgressed the bounds of his authority, was determined to take a peep into the historical chest, where he knew he should find all his actions recorded. Having made use of a variety of arguments, in order to convince the two censors that there could be nothing improper in the step he was about to take, as, among other things, he assured them, he was actuated with the desire only of being made acquainted with his greatest faults, as the first step to amendment, one of these gentlemen is said to have answered him very nobly, to this effect: "It is true your Majesty has committed a number of errors, and it has been the painful duly of our employment to take notice of them; a duty," continued he, "which further obliges us to inform posterity of the conversation which your Majesty has this day, very improperly, held with us."

To assist the Emperor in the weighty affairs of state, and in the arduous task of governing an empire of so great an extent, and such immense population, the constitution has assigned him two councils, one ordinary, and the other extraordinary; the ordinary council is composed of his principal ministers, under the name of Collao, of which there are six. The extraordinary council consists entirely of the princes of the blood.

For the administration of the affairs of government, there are six boards or departments, consisting of,

1. The Court of Appointments to vacancies in the offices of government, being composed of the minister and learned men, qualified to judge of the merits of candidates.

2. The Court of Finance.

3. The Court of Ceremonies, presiding over the direction of ancient customs, and treating with foreign Embassadors.

4. The Court for regulating military affairs.

5. The Tribunal of Justice.

6. The Board of Works.

These public functionaries resolve upon, recommend, and report to the Emperor, all matters belonging to their separate jurisdictions, who, with the advice of his ordinary and, if considered to be necessary, of his extraordinary council, affirms, amends, or rejects their decrees. For this purpose, the late Emperor never omitted to give regular audience in the great hall of the palace every morning at the hours of four or five o'clock. Subordinate to these supreme courts held in the capital, are others of similar constitution established in the different provinces and great cities of the empire, each of which corresponds with its principal in Pekin.

It would far exceed the limits of the present work, were I to enter into a detail of their code of laws, which indeed I am not sufficiently prepared to do. They are published for the use of the subject, in the plainest characters that the language will admit, making sixteen small volumes, a copy of which is now in England; and I am encouraged to hold out a reasonable hope, that this compendium of the laws of China may, ere long, appear in an able and faithful English translation, which will explain, more than all the volumes that have hitherto been written on the subject of China, in what manner a mass of people, more than the double of that which is found in all Europe, has been kept together through so many ages in one bond of union. This work[23] on the laws of China, for perspicuity and method, may justly be compared with Blackstone's Commentaries on the Laws of England. It not only contains the laws arranged under their respective heads, but to every law is added a short commentary and a case.

I have been assured, on the best authority, that the laws of China define, in the most distinct and perspicuous manner, almost every shade of criminal offences, and the punishment awarded to each crime: that the greatest care appears to have been taken in constructing this scale of crimes and punishments; that they are very far from being sanguinary: and that if the practice was equal to the theory, few nations could boast of a more mild, and, at the same time, a more efficacious dispensation of justice. Of all the despotic governments existing, there is certainly none where the life of man is held so sacred as in the laws of China. A murder is never overlooked, except in the horrid practice of exposing infants: nor dares the Emperor himself, all-powerful as he is, to take away the life of the meanest subject, without the formality at least of a regular process, though, as will be seen in the case of the late prime minister of Kien-Long, the chance of escaping must be very slender, where he himself becomes the accuser. So tenaciously however do they adhere to that solemn declaration of God delivered to Noah—"At the hand of every man's brother will I require the life of man. Whoso sheddeth man's blood, by man shall his blood be shed,"—that the good intention is oftentimes defeated by requiring, as I have elsewhere observed, from the person last seen in company with one who may have received a mortal wound, or who may have died suddenly, a circumstantial account, supported by evidence, in what manner his death was occasioned.

In attempting to proportion punishments to the degrees of crimes, indeed of awarding the same punishment for stealing a loaf of bread and taking away the life of man, the Chinese legislators, according to our notions, seem to have made too little distinction between accidental manslaughter and premeditated murder. To constitute the crime, it is not necessary to prove the intention or malice aforethought; for though want of intention palliates the offence, and consequently mitigates the punishment, yet it never entirely excuses the offender. If a man should kill another by an unforeseen and unavoidable accident, his life is forfeited by the law, and however favourable the circumstances may appear in behalf of the criminal, the Emperor alone is invested with the power of remitting the sentence, a power which he very rarely if ever exercises to the extent of a full pardon but, on many occasions, to a mitigation of the punishment awarded by law. Strictly speaking, no sentence of death can be carried into execution until it has been ratified by the monarch. Yet in state crimes, or in acts of great atrocity, the viceroy of a province sometimes takes upon himself to order summary punishment, and prompt execution has been inflicted on foreign criminals at Canton when guilty only of homicide. Thus, about the beginning of the last century, a man belonging to Captain Shelvocke had the misfortune to kill a Chinese on the river. The corpse was laid before the door of the English factory, and the first person that came out, who happened to be one of the supercargoes, was seized and carried as a prisoner into the city, nor would they consent to his release till the criminal was given up, whom, after a short inquiry, they strangled. The recent affair of the unfortunate gunner is well known. An affray happened in Macao a few years ago, in which a Chinese was killed by the Portuguese. A peremptory demand was made for one of the latter, to expiate the death of the former. The government of this place, either unable or unwilling to fix on the delinquent, proposed terms of compromise, which were rejected and force was threatened to be used. There happened to be a merchant from Manilla then residing at Macao, a man of excellent character, who had long carried on a commerce between the two ports. This unfortunate man was selected to be the innocent victim to appease the rigour of Chinese justice, and he was immediately strangled[24].

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