The intention of these monumental erections will appear from some of their inscriptions.

I.

Honour granted by the Emperor. The grateful odour of one hundred years. Retirement. Tranquillity.

II.

Emperor's order. Peace and Happiness, The balm of Life. On a fortunate day, in the 8th month of the 50th year of the reign of Kien-Long, this monument was erected by the Emperor's order, in honour of Liang-tien-pe, aged 102 years.

The two following are inscriptions on monuments that have been erected to chaste women, a description of ladies whom the Chinese consider to be rarely met with.

III.

Honour granted by the Emperor. Icy coldness. Hard frost.

IV.

The Emperor's order. The sweet fragrance of piety and virginity. Sublime chastity. Pure morals.

The whole of their architecture, indeed, is as unsightly as unsolid; without elegance or convenience of design, and without any settled proportion; mean in its appearance, and clumsy in the workmanship. Their pagodas of five, seven, and nine rounds, or roofs, are the most striking objects; but though they appear to be the imitations or, perhaps, more properly speaking, the models of a similar kind of pyramids found in India, they are neither so well designed, nor so well executed: they are, in fact, so very ill constructed that half of them, without any marks of antiquity, appear in ruins; of these useless and whimsical edifices His Majesty's garden at Kew exhibits a specimen, which is not inferior in any respect to the very best I have met with in China. The height of such structures, and the badness of the materials with which they are usually built, contradict the notion that they assign as a reason for the lowness of their houses, which is, that they may escape being thrown down by earthquakes. In fact, the tent stands confessed in all their dwellings, of which the curved roof and the wooden pillars (in imitation of the poles) forming a colonnade round the ill-built brick walls, clearly denote the origin; and from this original form they have never ventured to deviate. Their temples are mostly constructed upon the same plan, with the addition of a second, and sometimes a third roof, one above the other. The wooden pillars that constitute the colonnade are generally of larch fir, of no settled proportion between the length and the diameter, and they are invariably painted red and sometimes covered with a coat of varnish.

As custom and fashion are not the same in any two countries, it has been contended by many that there can be no such thing as true taste. The advocates for taste arising out of custom will say, that no solid reason can be offered why the pillar which supports the Doric capital should be two diameters shorter than that which sustains the Corinthian; and that it is the habit only of seeing them thus constructed that constitutes their propriety. Though the respective beauties of these particular columns may, in part, be felt from the habit of observing them always retaining a settled proportion, yet it must be allowed that, in the most perfect works of nature, there appears a certain harmony and agreement of one part with another, that without any settled proportion seldom fail to please. Few people will disagree in their ideas of a handsome tree, or an elegant flower, though there be no fixed proportion between the trunk and the branches, the flower and the foot-stalk. Proportion, therefore, alone, is not sufficient to constitute beauty. There must be no stiffness, no sudden breaking off from a straight line to a curve; but the changes should be easy, not visible in any particular part, but running imperceptibly through the whole. Utility has also been considered as one of the constituent parts of beauty. In the Chinese column, labouring under an enormous mass of roof, without either base or capital, there is neither symmetry of parts, nor ease, nor particular utility. Nor have the large ill-shapen and unnatural figures of lions, dragons, and serpents, grinning on the tops and corners of the roofs, any higher pretensions to good taste, to utility, or to beauty.

"The architecture of the Chinese," says one of their encomiasts, "though it bears no relation to that of Europe; though it has borrowed nothing from that of the Greeks, has a certain beauty peculiar to itself." It is indeed peculiar to itself, and the missionaries may be assured they are the only persons who will ever discover "real palaces in the mansions of the Emperor," or to whom, "their immensity, symmetry, and magnificence, will announce the grandeur of the master who inhabits them."

The house of a prince, or a great officer of state, in the capital, is not much distinguished from that of a tradesman, except by the greater space of ground on which it stands, and by being surrounded by a high wall. Our lodgings in Pekin were in a house of this description. The ground plot was four hundred by three hundred feet, and it was laid out into ten or twelve courts, some having two, some three, and others four, tent-shaped houses, standing on stone terraces raised about three feet above the court, which was paved with tiles. Galleries of communication, forming colonnades of red wooden pillars, were carried from each building and from one court to another, so that every part of the house might be visited without exposure to the sun or the rain. The number of wooden pillars of which the colonnades were formed was about 900. Most of the rooms were open to the rafters of the roof; but some had a slight ceiling of bamboo laths covered with plaster; and the ladies apartments consisted of two stories; the upper however had no light, and was not so good as our common attics. The floors were laid with bricks or clay. The windows had no glass; oiled paper, or silk gauze, or pearl shell, or horn, were used as substitutes for this article. In the corners of some of the rooms were holes in the ground, covered over with stones or wood, intended for fire-places, from whence the heat is conveyed, as in the houses of ancient Rome, through flues in the floor, or in the walls, the latter of which are generally whitened with lime made from shells and imported from the sea coast. One room was pointed out to us as the theatre. The stage was in the middle, and a sort of gallery was erected in front of it. A stone room was built in the midst of a piece of water, in imitation of a passage yacht, and one of the courts was roughened with rocks, with points and precipices and excavations, as a representation of nature in miniature. On the ledges of these were meant to be placed their favourite flowers and stunted trees, for which they are famous.

There is not a water-closet, nor a decent place of retirement in all China. Sometimes a stick is placed over a hole in a corner, but in general they make use of large earthen jars with narrow tops. In the great house we occupied was a walled inclosure, with a row of small square holes of brick-work sunk in the ground.

Next to the pagodas, the most conspicuous objects are the gates of cities. These are generally square buildings, carried several stories above the arched gateway and, like the temples, are covered with one or more large projecting roofs. But the most stupendous work of this country is the great wall that divides it from northern Tartary. It is built exactly upon the same plan as the wall of Pekin, being a mound of earth cased on each side with bricks or stone. The astonishing magnitude of the fabric consists not so much in the plan of the work, as in the immense distance of fifteen hundred miles over which it is extended, over mountains of two and three thousand feet in height, across deep vallies and rivers. But the elevations, plans, and sections of this wall and its towers have been taken with such truth and accuracy by the late Captain Parish, of the Royal Artillery, that all further description would be superfluous. They are to be found in Sir George Staunton's valuable account of the embassy to China.

The same Emperor, who is said to have committed the barbarous act of destroying the works of the learned, raised this stupendous fabric, which has no parallel in the whole world, not even in the pyramids of Egypt, the magnitude of the largest of these containing only a very small portion of the quantity of matter comprehended in the great wall of China. This indeed is so enormous, that admitting, what I believe has never been denied, its length to be fifteen hundred miles, and the dimensions throughout pretty much the same as where it was crossed by the British Embassy, the materials of all the dwelling-houses of England and Scotland, supposing them to amount to one million eight hundred thousand, and to average on the whole two thousand cubic feet of masonry or brick-work, are barely equivalent to the bulk or solid contents of the great wall of China. Nor are the projecting massy towers of stone and brick included in this calculation. These alone, supposing them to continue throughout at bow-shot distance, were calculated to contain as much masonry and brick-work as all London. To give another idea of the mass of matter in this stupendous fabric, it may be observed, that it is more than sufficient to surround the circumference of the earth on two of its great circles, with two walls, each six feet high and two feet thick! It is to be understood, however, that in this calculation is included the earthy part in the middle of the wall.

Turning from an object, which the great Doctor Johnson was of opinion would be an honour to any one to say that his grandfather had seen, another presents itself scarcely inferior in point of grandeur, and greatly excelling it in general utility. This is what has usually been called the imperial or grand canal, an inland navigation of such extent and magnitude as to stand unrivalled in the history of the world. I may safely say that, in point of magnitude, our most extensive inland navigation of England can no more be compared to the grand trunk that intersects China, than a park or garden fish-pond to the great lake of Winandermere. The Chinese ascribe an antiquity to this work higher by many centuries than to that of the great wall; but the Tartars pretend it was first opened in the thirteenth century under the Mongul government. The probability is, that an effeminate and shameful administration had suffered it to fall into decay, and that the more active Tartars caused it to undergo a thorough repair: at present it exhibits no appearances of great antiquity. The bridges, the stone piers of the flood-gates, the quays, and the retaining walls of the earthen embankments are comparatively new. Whether it has originally been constructed by Chinese or Tartars, the conception of such an undertaking, and the manner in which it is executed, imply a degree of science and ingenuity beyond what I suspect we should now find in the country, either in one or the other of these people. The general surface of the country and other favourable circumstances have contributed very materially to assist the projector, but a great deal of skill and management, as well as of immense labour, are conspicuous throughout the whole work.

I shall endeavour to convey, in a few words, a general idea of the principles on which this grand undertaking has been carried on. All the rivers of note in China fall from the high lands of Tartary, which lie to the northward of Thibet, crossing the plains of this empire in their descent to the sea from west to east. The inland navigation being carried from north to south cuts these rivers at right angles, the smaller streams of which terminating in it afford a constant supply of water; and the three great rivers, the Eu-ho to the north, the Yellow River towards the middle, and the Yang-tse-kiang to the south, intersecting the canal, carry off the superfluous water to the sea. The former, therefore, are the feeders, and the latter the dischargers, of the great trunk of the canal. A number of difficulties must have arisen in accommodating the general level of the canal to the several levels of the feeding streams; for notwithstanding all the favourable circumstances of the face of the country, it has been found necessary in many places to cut down to the depth of sixty or seventy feet below the surface; and, in others, to raise mounds of earth upon lakes and swamps and marshy grounds, of such a length and magnitude that nothing short of the absolute command over multitudes could have accomplished an undertaking, whose immensity is only exceeded by the great wall. These gigantic embankments are sometimes carried through lakes of several miles in diameter, between which the water is forced up to a height considerably above that of the lake; and in such situations we sometimes observed this enormous aqueduct gliding along at the rate of three miles an hour. Few parts of it are level: in some places it has little or no current; one day we had it setting to the southward at the rate of one, two, or three miles an hour, the next to the northward, and frequently on the same day we found it stationary, and running in opposite directions. This balancing of the level was effected by flood-gates thrown across at certain distances to elevate or depress the height of the water a few inches, as might appear to be necessary; and these stoppages are simply planks sliding in grooves, that are cut into the sides of two stone abutments, which in these places contract the canal to the width of about thirty feet. There is not a lock nor, except these, a single interruption to a continued navigation of six hundred miles.

The most remarkable parts of this extraordinary work will be noticed in a following chapter, descriptive of our journey through the empire.

Over this main trunk, and most of the other canals and rivers, are a great variety of bridges, some with arches that are pointed not unlike the gothic, some semicircular, and others shaped like a horse-shoe: some have the piers of such an extraordinary height that the largest vessels, of two hundred tons, sail under them without striking their masts. Some of their bridges, of three, five, and seven arches[21], that cross the canal, are extremely light and beautiful to the eye, but the plan on which they are usually constructed does not imply much strength. Each stone, from five to ten feet in length, is cut so as to form a segment of the arch, and as, in such cases, there is no key-stone, ribs of wood fitted to the convexity of the arch are bolted through the stones by iron bars, fixed fast into the solid parts of the bridge. Sometimes, however, they are without wood, and the curved stones are morticed into long transverse blocks of stone, as in the annexed plate, which was drawn with great accuracy by Mr. Alexander.

[21] A bridge with ninety-one arches will be noticed in a subsequent chapter.

In this Plate,

No. 1. Are stones cut to the curve of the arch 10 feet long. 2. An immense stone, 2 feet square, of the whole depth of the arch. 3. Curved stones, 7 feet long. 4. Ditto, 5 feet. 5. Ditto, 3-1/2 feet. 6. Ditto, 3 feet. 7. Ditto, 3 feet. 8.8. Stones similar to No. 2. being each one entire piece running through the bridge, and intended, it would seem, to bind the fabric together as the pillars 9.9. are morticed into them.



There are, however, other arches wherein the stones are smaller and pointed to a centre as in ours. I have understood from the late Captain Parish, that no masonry could be superior to that of the great wall, and that all the arched and vaulted work in the old towers was exceedingly well turned. This being the case, we may probably be not far amiss in allowing the Chinese to have employed this useful and ornamental part of architecture before it was known to the Greeks and the Romans. Neither the Egyptians nor the Persians appear at any time to have applied it in their buildings. The ruins of Thebes and of Persepolis have no arches, nor have those of Balbec and Palmyra; nor do they seem to have been much used in the magnificent buildings of the Romans antecedent to the time of Augustus. The grand and elegant columns of all these nations were connected by straight architraves of stone, of dimensions not inferior to the columns themselves. In the Hindoo excavations are arches cut out of the solid mountain; but when loose stones were employed, and a building was intended to be superstructed on columns, the stones above the capitals were overlaid like inverted steps, till they met in a point in the middle above the two columns, appearing at a little distance exactly like the gothic arch, of which this might have given the first idea. If then the antiquity be admitted which the Chinese ascribe to the building of the great wall, and no reason but a negative one, the silence of Marco Polo, has been offered against it (an objection easily refuted), they have a claim to the invention of the arch founded on no unsolid grounds.

The cemeteries, or repositories of the dead, exhibit a much greater variety of monumental architecture than the dwellings of the living can boast of. Some indeed deposit the remains of their ancestors in houses that differ in nothing from those they inhabited while living, except in their diminutive size; others prefer a square vault, ornamented in such a manner as fancy may suggest; some make choice of a hexagon to cover the deceased, and others of an octagon. The round, the triangular, the square, and multangular column, is indifferently raised over the grave of a Chinese; but the most common form of a monument to the remains of persons of rank consists in three terraces, one above another, inclosed by circular walls. The door or entrance of the vault is in the centre of the uppermost terrace, covered with an appropriate inscription; and figures of slaves and horses and cattle, with other creatures that, when living, were subservient to them and added to their pleasures, are employed after their death to decorate the terraces of their tombs.

"Qu gratia currm Armorumque fuit vivis, qu cura nitentes Pascere equos, eadem sequitur tellure repostos." Virgil, neid vi.

"Those pleasing cares the heroes felt, alive, For chariots, steeds, and arms, in death survive." Pitt.

It may be considered as superfluous, after what has been said, to observe, that no branch of natural philosophy is made a study, or a pursuit in China. The practical application of some of the most obvious effects produced by natural causes could not escape the observation of a people who had, at an early period, attained so high a degree of civilization, but, satisfied with the practical part, they pushed their enquiries no farther. Of pneumatics, hydrostatics, electricity, and magnetism, they may be said to have little or no knowledge; and their optics extend not beyond the making of convex and concave lenses of rock crystal to assist the sight in magnifying, or throwing more rays upon, small objects and, by collecting to a focus the rays of the sun, to set fire to combustible substances. These lenses are cut with a saw and afterwards polished, the powder of crystal being used in both operations. To polish diamonds they make use of the powder of adamantine spar, or the corundum stone. In cutting different kinds of stone into groups of figures, houses, mountains, and sometimes into whole landscapes, they discover more of persevering labour, of a determination to subdue difficulties, which were not worth the subduing, than real ingenuity. Among the many remarkable instances of this kind of labour, there is one in the possession of the Right Honourable Charles Greville, that deserves to be noticed. It is a group of well formed, excavated, and highly ornamented bottles, covered with foliage and figures, raised in the manner of the antique Cameos, with moveable ring-handles, standing on a base or pedestal, the whole cut out of one solid block of clear rock crystal. Yet this laborious trifle was probably sold for a few dollars in China. It was bought in London for about thirty pounds, where it could not have been made for many times that sum, if, indeed, it could have been made at all. All their spectacles that I have seen were crystal set in horn, tortoise-shell, or ivory. The single microscope is in common use, but they have never hit upon the effect of approximating objects by combining two or more lenses, a discovery indeed to which in Europe we are more indebted to chance than to the result of scientific enquiry. I observed at Yuen-min-yuen a rude kind of magic lantern, and a camera obscura, neither of which, although evidently of Chinese workmanship, appeared to wear the marks of a national invention. I should rather conclude, that they were part of those striking and curious experiments which the early Jesuits displayed at court, in order to astonish the Emperor with their profound skill, and raise their reputation as men of learning. Of the ombres Chinoises they may, perhaps, claim the invention, and in pyrotechny their ingenuity may be reckoned much superior to any thing which has hitherto been exhibited in that art in Europe.

A convex lens is among the usual appendages to the tobacco pipe. With these they are in the daily habit of lighting their pipes. Hence the great burning lens made by Mr. Parker of Fleet-Street, and carried out among the presents for the Emperor, was an object that excited no admiration in the minds of the Chinese. The difficulty of making a lens of such magnitude perfect, or free from flaw, and its extraordinary powers could not be understood, and consequently not appreciated by them: and although in the short space of four seconds it completely melted down one of their base copper coins, when the sun was more than forty degrees beyond the meridian, it made no impression of surprize on their uninformed minds. The only enquiry they made about it was, whether the substance was crystal; but being informed it was glass, they turned away with a sort of disdain, as if they would say, Is a lump of glass a proper present to offer to our great Whang-tee? The prime minister, Ho-tchung-tang, in order to convince us how very familiar articles of such a nature were to him, lighted his pipe very composedly at the focus, but had a narrow escape from singeing his sattin sleeve, which would certainly have happened had I not given him a sudden push. He seemed, however, to be insensible of his danger, and walked off without the least concern.

Indeed, in selecting the many valuable presents relating to science, their knowledge and learning had been greatly overrated. They had little esteem for what they could not comprehend, and specimens of art served only to excite their jealousy, and to wound their pride. Whenever a future embassy shall be sent to Pekin, I should recommend articles of gold, silver, and steel, children's toys and trinkets, and perhaps a few specimens of Derbyshire spar, with the finest broad-cloth and kerseymeres, in preference to all others; for in their present state, they are totally incapable of appreciating any thing great or excellent in the arts and sciences.

To alleviate the afflictions of mankind, and to assuage the pains which the human frame is liable to suffer, must have been among the earliest studies of civilized society; and accordingly, in the history of ancient kingdoms, we find the practitioners of the healing art regarded even to adoration. Chiron, the preceptor of Achilles, and the master of sculapius, was transferred to the heavens, where he still shines under the name of Sagittarius. Among these nations, indeed, which we call savage, there is usually shewn a more than ordinary respect for such of their countrymen as are most skilled in removing obstructions, allaying tumours, healing bruises, and, generally speaking, who can apply relief to misery. But the Chinese, who seem to differ in their opinions from all the rest of mankind, whether civilized or savage, pay little respect to the therapeutick art. They have established no public schools for the study of medicine, nor does the pursuit of it lead to honours, rank, or fortune. Such as take up the profession are generally of an inferior class; and the eunuchs about the palace are considered among their best physicians. According to their own account, the books on medicine escaped the fire, by which they pretend the works of learning were consumed, in the reign of Shee-whang-tee, two hundred years before the Christian era; and yet the best of their medical books of the present day are little better than mere herbals, specifying the names and enumerating the qualities of certain plants. The knowledge of these plants and of their supposed virtues goes a great way towards constituting a physician. Those most commonly employed are Gin-sing, rhubarb, and China-root. A few preparations are also found in their pharmacopoeia from the animal and the mineral kingdoms. In the former they employ snakes, beetles, centipedes, and the aureli of the silk worm and other insects; the meloe and the bee are used for blisters. In the latter, saltpetre, sulphur, native cinnabar, and a few other articles are occasionally prescribed. Opium is taken as a medicine, but more generally as a cordial to exhilarate the spirits. Though the importation of this drug is strictly prohibited, yet, as I have before observed, vast quantities are annually smuggled into the country from Bengal and from Europe, through the connivance of the custom-house officers.

The physiology of the human body, or the doctrine which explains the constitution of man, is neither understood, nor considered as necessary to be known; and their skill in pathology, or in the causes and effects of diseases, is extremely limited, very often absurd, and generally erroneous. The seat of most diseases are, in fact, supposed to be discoverable by feeling the pulse, agreeably to a system built upon principles the most wild and extravagant. Having no knowledge whatsoever of the circulation of the blood, notwithstanding the Jesuits have made no scruple in asserting it was well known to them long before Europeans had any idea of it, they imagine, that every particular part of the human body has a particular pulse assigned to it, and that these have all a corresponding and sympathetic pulse in the arm; thus, they suppose one pulse to be situated in the heart, another in the lungs, a third in the kidneys, and so forth; and the skill of the doctor consists in discovering the prevailing pulse in the body, by its sympathetic pulsations in the arm; and the mummery made use of on such occasions is highly ludicrous.

By eating too freely of unripe fruit at Chu-san I had a violent attack of cholera morbus, and on application being made to the governor for a little opium and rhubarb, he immediately dispatched to me one of his physicians. With a countenance as grave and a solemnity as settled, as ever was exhibited in a consultation over a doubtful case in London or Edinburgh, he fixed his eyes upon the ceiling, while he held my hand, beginning at the wrist, and proceeding towards the bending of the elbow, pressing sometimes hard with one finger, and then light with another, as if he was running over the keys of a harpsicord. This performance continued about ten minutes in solemn silence, after which he let go my hand and pronounced my complaint to have arisen from eating something that had disagreed with the stomach. I shall not take upon me to decide whether this conclusion was drawn from his skill in the pulse, or from a conjecture of the nature of the complaint from the medicines that had been demanded, and which met with his entire approbation, or from a knowledge of the fact.

Le Compte, who had less reason to be cautious, from his having left the country, than other missionaries who are doomed to remain there for life, positively says, that the physicians always endeavour to make themselves secretly acquainted with the case of the patient, before they pronounce upon it, as their reputation depends more on their assigning the true cause of the disorder than on the cure. He then proceeds to tell a story of a friend of his who, being troubled with a swelling, sent for a Chinese physician. This gentleman told him very gravely, that it was occasioned by a small worm which, unless extracted by his skill, would ultimately produce gangrene and certain death. Accordingly one day after the tumour, by the application of a few poultices, was getting better, the doctor contrived to drop upon the removed poultice a little maggot, for the extraction of which he assumed to himself no small degree of merit. Le Compte's stories, however, are not always to be depended on.

The priests are also a kind of doctors, and make plaisters for a variety of purposes, some to draw out the disease to the part applied, some as charms against the evil spirit, and others which they pretend to be aphrodisiac; all of which, and the last in particular, are in great demand among the wealthy. In this respect the Chinese agree with most nations of antiquity, whose priests were generally employed as physicians. The number of quacks and venders of nostrums is immense in every city who gain a livelihood by the credulity of the multitude. One of this description exhibited in the public streets of Canton a powder for sale as a specific for the bite of a snake; and to convince the crowd of its immediate efficacy, he carried with him a species of this reptile, whose bite was known to be extremely venemous. He applied the mouth of the animal to the tip of his tongue, which began to swell so very rapidly, that in a few minutes the mouth was no longer able to contain it. The intumescence continued till it seemed to burst, and exhibited a shocking sight of foam and blood, during which the quack appeared in extreme agonies, and excited the commiseration of all the bye-standers. In the height of the paroxysm he applied a little of his powder to the nose and the inflamed member, after which it gradually subsided, and the disorder disappeared. Though the probability in the city of any one person being bit with a snake was not less perhaps than a hundred thousand to one, yet every person present bought of the miraculous powder, till a sly fellow maliciously suggested that the whole of this scene might probably have been performed by means of a bladder concealed in the mouth.

But the usual remedy for the bite of a snake is a topical application of sulphur, or the bruised head of the same animal that gave the wound. The coincidence of such an extravagant idea among nations as remote from each other as the equator from the pole is sufficiently remarkable. A Roman poet observes,

"Quum nocuit serpens, fertur caput illius apte Vulneribus jungi: sanat quem sauciat ipsa." Q. Serenus de Medicina.

If to a serpent's bite its head be laid, 'Twill heal the wound which by itself was made.

The naked legs of the Hottentots are frequently stung by scorpions, and they invariably endeavour to catch the animal, which they bruise and apply to the wound, being confident of the cure; the Javanese, or inhabitants of Java, are fully persuaded of the efficacy of such application; and the author above quoted observes with regard to the sting of this insect,

"Vulneribusque aptus, fertur revocare venenum."

Being applied to the wound, it is said to draw out the poison.

As it is a violation of good morals for a gentleman to be seen in company with ladies, much more so to touch the hands of the fair, the faculty rather than lose a fee, though it commonly amounts only to fifty tchen, or the twentieth part of six shillings and eight-pence, have contrived an ingenious way of feeling a lady's pulse: a silken cord being made fast to the wrist of the patient is passed through a hole in the wainscot into another apartment where the doctor, applying his hand to the cord, after a due observance of solemn mockery, decides upon the case and prescribes accordingly. About court, however, a particular class of eunuchs only are entrusted with feeling the pulse of the ladies.

The crowded manner in which the common people live together in small apartments in all the cities, the confined streets and, above all, the want of cleanliness in their persons, beget sometimes contagious diseases that sweep off whole families, similar to the plague. In Pekin incredible numbers perish in these contagious fevers, which more frequently happen there than in other parts of the empire, notwithstanding the moderate temperature of the climate. In the southern provinces they are neither so general, nor so fatal as might be expected, owing, I believe, in a very great degree, to the universal custom among the mass of the people of wearing vegetable substances next the skin which, being more cleanly, are consequently more wholesome than clothing made from animal matter. Thus, linen and cotton are preferable to silk and woollen next the skin, which should be worn only by persons of the most cleanly habits. Another antidote to the ill effects that might be expected from want of cleanliness in their houses and their persons, is the constant ventilation kept up in the former both by day and night: during warm weather, they have no other door but an open matted skreen, and the windows are either entirely open or of thin paper only. Notwithstanding their want of personal cleanliness, they are little troubled with leprous or cutaneous diseases, and they pretend to be totally ignorant of gout, stone, or gravel, which they ascribe to the preventive effects of tea. In favour of this opinion, it has been observed by some of our physicians, that since the introduction of tea into common use, cutaneous diseases have become much more rare in Great Britain than they were before that period, which others have ascribed, perhaps with more propriety, to the general use of linen; both, however, may have been instrumental in producing the happy effect.

The ravages of the small-pox, wherever they make their appearance, are attended with a general calamity. Of these they pretend to distinguish above forty different species, to each of which they have given a particular name. If a good sort breaks out, inoculation or, more properly speaking, infection by artificial means becomes general. The usual way of communicating the disease is by inserting the matter, contained in a little cotton wool, into the nostrils, or they put on the clothes of, or sleep in the same bed with, such as may have had a favourable kind; but they never introduce the matter by making any incision in the skin. This fatal disease, as appears from the records of the empire, was unknown before the tenth century, when it was perhaps introduced by the Mahomedans of Arabia who, at that period, carried on a considerable commerce with Canton from the Persian gulph, and who not long before had received it from the Saracens, when they invaded and conquered the Eastern Empire. The same disease was likewise one of those blessings which the mad crusades conferred upon Europe; since which time, to the close of the eighteenth century, not a hope had been held out of its extirpation when, happily, the invaluable discovery of the cow-pock, or rather the general application of that discovery, which had long been confined to a particular district, has furnished abundant grounds to hope, that this desirable event may now be accomplished.

In some of the provinces the lower orders of people are said to be dreadfully afflicted with sore eyes, and this endemic complaint has been supposed to proceed from the copious use of rice; a conjecture, apparently, without any kind of foundation, as the Hindus and other Indian nations, whose whole diet consists almost exclusively of this grain, are not particularly subject to the like disease: and in Egypt, both in ancient and modern times, the opthalmia and blindness were much more prevalent than in China; yet rice was neither cultivated nor known in that part of Africa until the reign of the caliphs, when it was introduced from the eastward. The disease in China, if prevalent there, may more probably be owing to their living in crowded and low habitations, wherein there is a perpetual smoke from the fire, from tapers made of sandal wood dust employed for marking the divisions of the day, from the general use of tobacco, and from the miasma or noxious vapours exhaling from the dirt and offals which are collected in or near their habitations. The organ of sight may also be relaxed, and rendered more susceptible of disease, by the constant practice of washing the face, even in the middle of summer, with warm water. I must observe, however, that in the course of our long journey, we saw very few blind people, or persons afflicted with sore eyes.

It will readily be inferred, from the short view which has been taken of the state of society, that the disease occasioned by an unrestrained and promiscuous intercourse of the sexes cannot be very common in China. In fact, it is scarcely known, and the treatment of it is so little understood, in the few cases which do occur, that it is allowed to work its way into the system, and is then considered by them as an incurable leprosy. On arriving at the northern extremity of the province of Canton, one of our conductors had imprudently passed the night in one of those houses where, by the license of government, females are allowed to prostitute their persons in order to gain a livelihood. Here, it seems, he had caught the infection, and after suffering a considerable degree of pain, and not less alarm, he communicated to our physician the symptoms of his complaint, of the nature and cause of which he was entirely ignorant. He was a man of forty years, of a vigorous constitution and a gay cheerful temper, and had served as an officer in several campaigns from the different provinces of northern Tartary to the frontiers of India, yet such a disease did not consist with his knowledge. From this circumstance, and many others of a similar kind, I conclude that, although it may sometimes make its appearance in the capital, and even here but very rarely, it has originally, and no long time ago, found its way thither through the ports of Chu-san, Canton, and Macao, where numbers of abandoned woman obtain their subsistence by selling their favours to such of every nation as may be disposed to purchase them. It is, in fact, sometimes called by the Chinese the Canton-ulcer.

No male physician is ever allowed to prescribe for pregnant women; and they consider it so great a breach of delicacy for a man to be in the same room with a woman when in labour that, whatever difficulties may occur, the case is left entirely to the woman who attends her. There is not a man-midwife in all China, and yet the want of them does not appear to be injurious to population. They could scarcely believe it possible that, in Europe, men should be allowed to practice a profession which, in their minds, belonged exclusively to the other sex.

As a due knowledge of the organization of the human body, of the powers and functions of the several parts, is attainable only by the study of practical anatomy, a study that would shock the weak nerves of a timid Chinese, it will not be expected that their surgical operations should either be numerous or neatly performed. The law indeed which I have had occasion to notice, and the effects produced by it in two or three instances that occurred to our knowledge, will sufficiently explain the very low ebb of chirurgical skill. No one will readily undertake to perform the most simple operation, where not only all the direct consequences, but the contingencies for forty days must lie at his door. They sometimes succeed in reducing a dislocation, and in setting a simple fracture; but in difficult and complicated cases, the patient is generally abandoned to chance. Amputation is never practised. In the course of our whole journey, wherein we passed through millions of people, I do not recollect to have seen a single individual that had sustained the loss of a limb, and but very few in any way maimed; from whence I conclude, that accidents are uncommon, or that serious ones usually terminate in the loss of life. A Chinese is so dreadfully afraid of a sharp cutting instrument, that he has not even submitted to the operation of blood-letting; though the principle is admitted, as they are in the practice of drawing blood by scarifying the skin, and applying cupping vessels. In certain complaints they burn the skin with small pointed irons made hot, and sometimes, after puncturing the part with silver needles, they set fire to the leaves of a species of Artemisia upon it, in the same manner as the Moxa in Japan is made use of to cure and even prevent a number of diseases, but especially the gout and rheumatism, the former of which is said to be unknown in China. Cleansing the ears, cutting corns, pulling the joints till they crack, twitching the nose, thumping on the back, and such like operations, are annexed to the shaving profession, by which thousands in every city gain a livelihood. In short, the whole medical skill of the Chinese may be summed up in the words of the ingenious Doctor Gregory from the information he obtained from his friend Doctor Gillan. "In the greatest, most ancient, and most civilized empire on the face of the earth, an empire that was great, populous, and highly civilized two thousand years ago, when this country was as savage as New Zealand is at present, no such good medical aid can be obtained among the people of it, as a smart boy of sixteen, who had been but twelve months apprentice to a good and well employed Edinburgh Surgeon, might reasonably be expected to afford." "If," continues the Doctor, "the Emperor of China, the absolute monarch of three hundred and thirty-three millions of people, more than twice as many as all Europe contains, were attacked with a pleurisy, or got his leg broken, it would be happy for him to get such a boy for his first physician and serjeant-surgeon. The boy (if he had seen his master's practice in but one or two similar cases) would certainly know how to set his Imperial Majesty's leg, and would probably cure him of his pleurisy, which none of his own subjects could do."

Having thus given a slight sketch of the state of some of the leading branches in science, arts, and manufactures, omitting purposely that of agriculture, which will be noticed among the subjects of a future section, I think, upon the whole, it may fairly be concluded, that the Chinese have been among the first nations, now existing in the world, to arrive at a certain pitch of perfection, where, from the policy of the government, or some other cause, they have remained stationary: that they were civilized, fully to the same extent they now are, more than two thousand years ago, at a period when all Europe might be considered, comparatively, as barbarous; but that they have since made little progress in any thing, and been retrograde in many things: that, at this moment, compared with Europe, they can only be said to be great in trifles, whilst they are really trifling in every thing that is great. I cannot however exactly subscribe to an opinion pronounced on them by a learned and elegant writer[22], who was well versed in oriental literature, as being rather too unqualified; but he was less acquainted with their character than that of any other Asiatic nation, and totally ignorant of their language. "Their letters," says he, "if we may so call them, are merely the symbols of ideas; their philosophy seems yet in so rude a state, as hardly to deserve the appellation; they have no ancient monuments from which their origin can be traced, even by plausible conjecture; their sciences are wholly exotic; and their mechanical arts have nothing in them characteristic of a particular family; nothing which any set of men, in a country so highly favoured by nature, might not have discovered and improved."

[22] Sir William Jones.



CHAP. VII.

Government—Laws—Tenures of Land and Taxes—Revenues—Civil and Military Ranks, and Establishments.

Opinions on which the Executive Authority is grounded.—Principle on which an Emperor of China seldom appears in public.—The Censorate.—Public Departments.—Laws.—Scale of Crimes and Punishments.—Laws regarding Homicide.—Curious Law Case.—No Appeal from Civil Suits.—Defects in the Executive Government.—Duty of Obedience and Power of personal Correction.—Russia and China compared.—Fate of the Prime Minister Ho-chang-tong.—Yearly Calendar and Pekin Gazette, engines of Government.—Freedom of the Press.—Duration of the Government attempted to be explained.—Precautions of Government to prevent Insurrections.—Taxes and Revenues.—Civil and Military Establishments.—Chinese Army, its Numbers and Appointments.—Conduct of the Tartar Government at the Conquest.—Impolitic Change of late Years, and the probable Consequences of it.

The late period at which the nations of Europe became first acquainted with the existence even of that vast extent of country comprehended under the name of China, the difficulties of access to any part of it when known, the peculiar nature of the language which, as I have endeavoured to prove, has no relation with any other either ancient or modern, the extreme jealousy of the government towards foreigners, and the contempt in which they were held by the lowest of the people, may serve, among other causes, to account for the very limited and imperfect knowledge we have hitherto obtained of the real history of this extraordinary empire: for their records, it seems, are by no means deficient. For two centuries at least before the Christian era, down to the present time, the transactions of each reign are amply detailed without any interruption. They have even preserved collections of copper coins, forming a regular series of the different Emperors that have filled the throne of China for the last two thousand years. Such a collection, though not quite complete, Sir George Staunton brought with him to England.

Before this time, when China consisted of a number of petty states or principalities, the annals of the country are said to abound with recitals of wars and battles and bloodshed, like those of every other part of the world. But, in proportion as the number of those distinct kingdoms diminished, till at length they were all melted and amalgamated into one great empire, the destruction of the human race by human means abated, and the government, since that time, has been less interrupted by foreign war, or domestic commotion, than any other that history has made known. But whether this desirable state of public tranquillity may have been brought about by the peculiar nature of the government being adapted to the genius and habits of the people, which in the opinion of Aristotle is the best of all possible governments, or rather by constraining and subduing the genius and habits of the people to the views and maxims of the government, is a question that may admit of some dispute. At the present day, however, it is sufficiently evident, that the heavy hand of power has completely overcome and moulded to its own shape the physical character of the people, and that their moral sentiments and actions are swayed by the opinions, and almost under the entire dominion, of the government.

These opinions, to which it owes so much of its stability, are grounded on a principle of authority which, according to maxims industriously inculcated and now completely established in the minds of the people, is considered as the natural and unalienable right of the parent over his children; an authority that is not supposed to cease at any given period of life or years, but to extend, and to be maintained with undiminished and uncontrouled sway, until the death of one of the parties dissolves the obligation. The Emperor being considered as the common father of his people is accordingly invested with the exercise of the same authority over them, as the father of a family exerts on those of his particular household. In this sense he takes the title of the Great Father; and by his being thus placed above any earthly controul, he is supposed to be also above earthly descent, and therefore, as a natural consequence, he sometimes styles himself the sole ruler of the world and the Son of Heaven. But that no inconsistency might appear in the grand fabric of filial obedience the Emperor, with solemn ceremony at the commencement of every new year, makes his prostrations before the Empress Dowager, and on the same day he demands a repetition of the same homage from all his great officers of state. Conformable to this system, founded entirely on parental authority, the governor of a province is considered as the father of that province; of a city, the father of that city; and the head of any office or department is supposed to preside over it with the same authority, interest, and affection, as the father of a family superintends and manages the concerns of domestic life.

It is greatly to be lamented that a system of government, so plausible in theory, should be liable to so many abuses in practice; and that this fatherly care and affection in the governors, and filial duty and reverence in the governed would, with much more propriety, be expressed by the terms of tyranny, oppression, and injustice in the one, and by fear, deceit, and disobedience in the other.

The first grand maxim on which the Emperor acts is, seldom to appear before the public, a maxim whose origin would be difficultly traced to any principle of affection or solicitude for his children; much more easily explained as the offspring of suspicion. The tyrant who may be conscious of having committed, or assented to, acts of cruelty and oppression, must feel a reluctance to mix with those who may have smarted under the lash of his power, naturally concluding that some secret hand may be led, by a single blow, to avenge his own wrongs, or those of his fellow subjects. The principle, however, upon which the Emperor of China seldom shews himself in public, and then only in the height of splendor and magnificence, seems to be established on a policy of a very different kind to that of self-preservation. A power that acts in secret, and whose influence is felt near and remote at the same moment, makes a stronger impression on the mind, and is regarded with more dread and awful respect, than if the agent was always visible and familiar to the eye of every one. The priests of the Eleusinian mysteries were well acquainted with this feature of the human character, which is stronger in proportion as the reasoning faculties are less improved, and which required the enlightened mind of a Socrates to be able to disregard the terror they inspired among the vulgar. Thus also Deiōces, as Heredotus informs us, when once established as king in Ecbatana, would suffer none of the people, for whom before he was the common advocate, to be now admitted to his presence, concluding that all those who were debarred from seeing him, would easily be persuaded that his nature, by being created king, was transformed into something much superior to theirs. A frequent access indeed to men of rank and power and talents, a familiar and unrestrained intercourse with them, and a daily observance of their ordinary actions and engagements in the concerns of life, have a tendency very much to diminish that reverence and respect which public opinion had been willing to allow them. It was justly observed by the great Cond, that no man is a hero to his valet-de-chambre.

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.

[23] It is called the Ta-tchin Leu-Lee, the laws and institutes under the dynasty Ta-tchin, which is the name assumed by the present family on the throne.

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].

[24] Various accidents having happened at different times to Chinese subjects in the port of Canton, which have generally led to disagreeable discussions with the Chinese government, the supercargoes of the East India Company thought proper, on a late occasion of a person being wounded by a shot from a British ship of war, to make application for an extract from the criminal code of laws relating to homicide, in order to have the same translated into English, and made public. This extract consisted of the following articles:

1. A man who kills another on the supposition of theft, shall be strangled, according to the law of homicide committed in an affray.

2. A man who fires at another with a musquet, and kills him thereby, shall be beheaded, as in cases of wilful murder. If the sufferer be wounded, but not mortally, the offender shall be sent into exile.

3. A man who puts to death a criminal who had been apprehended, and made no resistance, shall be strangled, according to the law against homicide committed in an affray.

4. A man who falsely accuses an innocent person of theft (in cases of greatest criminality) is guilty of a capital offence; in all other cases the offenders, whether principals or accessaries, shall be sent into exile.

5. A man who wounds another unintentionally shall be tried according to the law respecting blows given in an affray, and the punishment rendered more or less severe, according to the degree of injury sustained.

6. A man who, intoxicated with liquor, commits outrages against the laws, shall be exiled to a desert country, there to remain in a state of servitude.

In this clear and decisive manner are punishments awarded for every class of crimes committed in society; and it was communicated to the English factory from the viceroy, that on no consideration was it left in the breast of the judge to extenuate or to exaggerate the sentence, whatever might be the rank, character, or station of the delinquent.

The process of every trial for criminal offences, of which the punishment is capital, must be transmitted to Pekin, and submitted to the impartial eye of the supreme tribunal of justice, which affirms or alters, according to the nature of the case. And where any peculiar circumstances appear in favour of the accused, an order for revising the sentence is recommended to the Emperor, who, in such cases, either amends it himself, or directs the proceedings to be returned to the provincial court, with the sentiments of the supreme tribunal on the case. The proceedings are then revised, and if the circumstances are found to apply to the suggestions of the high court, they alter or modify their former sentence accordingly[25].

[25] The following law case, which is literally translated, from a volume of reports of trials, published in the present reign of Kia-King, and with which I have been favoured by a friend (who was himself the translator), will serve to shew the mode of proceeding in criminal matters of the provincial courts of judicature. The circumstances of the transaction appear to have been enquired into fairly and impartially, and no pains spared to ascertain the exact degree of criminality. Being given to me about the time when the trial took place of Smith, for the murder of the supposed Hammersmith ghost, I was forcibly struck with the remarkable coincidence of the two cases, and with the almost identical defence set up by the Chinese and the English prisoners, and on that account it excited more interest than perhaps it might otherwise be considered to be entitled to.

Translation of an Extract from a Collection of Chinese Law Reports, being the Trial, Appeal, and Sentence upon an Indictment for Homicide by Gun firing.

At a criminal court held in the province of Fo-kien, upon an indictment for shooting, and mortally wounding a relation; setting forth, that She-fo-pao, native of the city of Fo-ngan-sien, did fire a gun, and by mischance, wound Vang-yung-man, so that he died thereof.

The case was originally reported, as follows, by Vu-se-Kung, sub-viceroy of the province of Fo-kien:

The accused She-fo-pao, and the deceased Vang-yung-man, were of different families, but connected by marriage, were well known to each other, and there had always been a good understanding between them.

In the course of the first moon, of the 25th year of Kien-long, She-fo-pao cultivated a farm on the brow of a hill belonging to Chin-se-kien, and which lay in the vicinity of certain lands cultivated by Vang-yung-man and Vang-ky-hao, inasmuch as that the fields of Vang-yung-man lay on the left of those of She-fo-pao, which were in the center, and those of Vang-ky-hao on the right side of the declivity of the hill. It occurred that on the 7th day of the 9th moon of the same year, She-fo-pao observing the corn in his fields to be nearly ripe, was apprehensive that thieves might find an opportunity of stealing the grain; and being aware, at the same time, of the danger which existed on those hills from wolves and tygers, armed himself with a musquet, and went that night alone to the spot, in order to watch the corn, and seated himself in a convenient place on the side of the hill. It happened that Vang-ky-hao went that day to the house of Vang-yung-man, in order that they might go together to keep watch over the corn in their respective fields. However Vang-yung-tong the elder brother of Vang-yung-man, conceiving it to be yet early, detained them to drink tea, and smoke tobacco until the second watch[26] of the night, when they parted from him, and proceeded on their expedition, provided with large sticks for defence.

Vang-ky-hao having occasion to stop for a short time upon the road, the other Vang-yung-man went on before, until he reached the boundary of the fields watched by She-fo-pao.

She-fo-pao, on hearing a rustling noise among the corn, and perceiving the shadow of a person through the obscurity of the night, immediately hailed him, but the wind blowing very fresh, he did not hear any reply. She-fo-pao then took alarm, on the suspicion that the sound proceeded from thieves, or else from wild beasts, and lighting the match-lock, which he held in his hand, fired it off, in order to repel the invaders whoever they might be.

Vang-yung-man was wounded by the shot in the head, cheeks, neck, and shoulder, and instantly fell to the ground. Vang-ky-hao hearing the explosion, hastened forward, and called aloud to enquire who had fired the gun. The other heard the voice, and going to the place from whence it proceeded, then learned whom he had wounded by the mischance. The wounds of Vang-yung-man being mortal, he expired after a very short interval of time had elapsed.

She-fo-pao, being repeatedly examined by the magistrate, acknowledged the fact without reserve, and, upon the strictest investigation and enquiry being entered upon, deposed, That it was really during the obscurity of the night that he had ascended the hill, in order to watch the corn, and on hearing a noise proceed from a quarter of the field that was extremely dark, and in which the shadow of some person was discernable, he had called out, but received no answer:—That the suspicion then arose in his mind, that they were either thieves or wild beasts, and alarmed him for the security of his person, being then entirely alone, he therefore fired the gun to repel the danger, and wounded Vang-yung-man by mischance, so that he afterwards died.

That he, the deponent, was not actuated by any other motive or intention on this occasion, nor desirous of causing the death of an individual. The relations of the deceased being then examined, give a corresponding evidence, and raised no doubts in other respects to the truth of the above deposition. In consideration, therefore, hereof it appears that, although She-fo-pao is guilty of homicide by gun-firing, yet, since he was upon the watch over the fields, in the darkness of the night, and perceived the shadow of a man, whom he hailed, and from whom he received no answer, and had in consequence apprehended the approach of thieves or wild beasts, to prevent which, he fired the gun that occasioned the wounds whereof the man is now dead—It follows, that there did not exist any premeditated intention of murder.—The act of which She-fo-pao stands convicted may be, therefore, ranked under the article of homicide committed in an affray, and the sentence accordingly is, to be strangled upon the next ensuing general execution or gaol delivery.

The above report being transmitted to the supreme criminal tribunal at Pekin,—They rejoin,

That, on investigation of the laws we find it ordained, that homicide by gun-firing shall receive a sentence conformable to the law against intentional murder; and that the law against intentional murder gives a sentence of decapitation on the next ensuing public execution, or gaol delivery. It is likewise found to be ordained by law, that whoever shall unwarily draw a bow, and shoot an arrow towards fields or tenements, so that any person unperceived therein shall be wounded, and die therefrom, the offender shall receive a hundred blows with the bamboo, and be banished to the distance of three thousands lys (near a thousand miles).

In the case now before us, She-fo-pao, being armed with a musquet, goes to watch the corn, hears a noise in the fields, and calls aloud, but, receiving no answer, suspects it to proceed from thieves or wild beasts, and fires the gun, by which Vang-yung-man was wounded, and is now dead. But in the deposition given in by the defendant, the declaration that he saw the shadow of some person does not accord with the suspicion afterwards expressed, that the noise arose from wild beasts. If, in truth, he distinguished traces of a man, at the time of his calling out, notwithstanding that the violence of the wind prevented his hearing the reply, She-fo-pao had ocular proof of the reality of the person from the shadow he had seen. Continuing our investigation, we have further to notice, that when She-fo-pao took his station in order to guard the middle ground, Vang-yung-man was engaged in watching his fields in a similar manner, and would have occasion to go near the limits of the middle ground in his way to his own farm, and which could not be far removed from the path leading to the middle ground; on which account it behoved She-fo-pao to hail the person repeatedly, previous to the firing of the gun, whose effect would be instantaneous, and occasion the death of the unknown person from whom the sound proceeded.

She-fo-pao not having repeatedly hailed the person from whom the noise had arisen to disturb him, and proceeding to the last extremity upon the first impulse or alarm, are grounds for suspecting that there exists a fallacy and disguise in the testimony given in this affair, in which case, a sentence conformable to the law against homicide, committed in an affray, would afford a punishment unequal and inadequate to the possible aggravation of the offence.

On the other hand, it would appear, in confirmation of his statement, that these fields were, according to the custom of the neighbouring villages, understood to be guarded at that time in a the manner aforesaid, and that circumstance proving true, the accident that followed might still be considered solely as the effect of apprehension of wild beasts by night, inducing the accused to fire towards fields or tenements, so as to wound a man mortally by the mischance.

Should a strict examination admit of this interpretation of the offence, the sentence may be awarded according to the law, immediately applicable to the subject, and not in conformity with the law against homicide committed in an affray. As the life or death of the offender rests on the preference to be shewn towards either of those expositions of the case, it is resolved to hold any immediate decision as premature, and we issue our directions to the said sub-viceroy to revise the prior decision; and, with the assistance of a renewed investigation, finally to determine and report to us the sentence which he may conceive most agreeable to the spirit of our laws.

After a second investigation, and reconsideration of the affair, the sub-viceroy sent in the following report to the supreme tribunal: Pursuant to the order for revisal issued by the supreme criminal tribunal, She-fo-pao has been again examined at the bar, and deposes, That on hearing a noise in the corn fields, he conceived it to proceed from thieves, and called out in consequence, but, receiving no answer, and finding the noise gradually to approach him, he then suspected it to have arisen from a wolf or tyger; and, in the alarm thus excited for his personal safety, had fired the gun, by which Vang-yung-man had been mortally wounded; That, since the event happened in the second watch of the night, after the moon had set, and while clouds obscured the faint light of the stars, it was really a moment of impenetrable darkness; and that it was only at the distance of a few paces that he distinguished the approach of the sound that had alarmed him, but, in fact, had never seen any shadow or traces whatsoever; That he had perceived any traces or shadow of that description, he would not have ceased to call out, though he had failed to receive an answer the first time, nor would he have had the temerity to fire the gun, and render himself guilty of murder.

That, on the preceding examination, the severity and rigour of the enquiry regarding the grounds upon which he suspected the approach of thieves, so as to induce him to fire, had overcome him with fear, being a countryman unused to similar proceedings, and produced the apparent incongruity in his deposition, but that the true meaning and intent was to express his absolute uncertainty whether the alarm arose from thieves or wild beasts and nothing farther, and that from such deposition he had never intentionally swerved in the course of the investigation.

According, therefore, to the amendment suggested by the supreme tribunal, it appears indeed, that when the noise was first perceived in the fields, She-fo-pao had called out, and on being prevented by the wind from hearing a reply, had taken alarm as aforesaid.

And whereas it was likewise deposed by She-fo-pao, That the grain being ripe at that season, the stems were exceeding high and strong, so as to render it difficult to walk amongst them, it seems that Vang-yung-man, in walking through the corn, had produced a rustling noise very audible to She-fo-pao, who was sitting on the declivity of the hill, and in a direction in which the wind favoured the progress of the sound; but when the latter called out, the wind, on the contrary, prevented him from being heard, and consequently from receiving an answer; this mischance, therefore, gave rise to his suspicion of the approach of wild beasts, which appears to have been the sole and undisguised motive for firing the gun.

This statement of facts being narrowly investigated, in compliance with the supreme tribunal's order for revisal, may be confided in as accurate, and worthy of credit; the result, therefore, is that the offender during the darkness of the night, and under the apprehension of the approach of a wolf or tyger, had fired a musquet in a spot frequented by men, and had mortally wounded a man by the mischance, which corresponds with the law suggested in the order for revisal issued by the supreme tribunal; namely, that law against an offender who should unwarily draw a bow and shoot an arrow towards fields or tenements, so that any person unperceived therein should be wounded and die therefrom.

The prior decision, conformably to the law against homicide committed in an affray, subsequent investigation does not confirm; and She-fo-pao is, therefore, only punishable with banishment.

This second report being received by the supreme criminal tribunal, they declare that,

The sentence having been altered on a revision by the sub-viceroy, and rendered conformable to the law, which ordains that, whoever shall unwarily draw a bow and shoot an arrow towards fields or tenements, so that any person unperceived therein may be wounded, and die therefrom, the offender shall receive a hundred blows with the bamboo, and suffer banishment to the distance of 3000 lys.

We confirm the sentence of a hundred blows of the bamboo, and banishment to the distance of 3000 lys; and further prescribe, that ten ounces of silver (3l. 6s. 3d.) shall be paid by the offender to the relations of the deceased for the expences of burial.

The sentence, being thus pronounced on the 19th day of the 5th moon, of the 27th year of Kien-Long, received the Imperial sanction on the 21st day of the same moon, in the following words: Pursuant to sentence be this obeyed.

KHIN-TSE.

[26] Each watch is two hours, and the second watch begins at eleven o'clock.

As in some of the Grecian states, and other nations of modern times, the punishment of treason was extended to the relations of the criminal, so in China, even to the ninth generation, a traitor's blood is supposed to be tainted, though they usually satisfy the law by including only the nearest male relations, then living, in the guilt of the culprit, and by mitigating their punishment to that of exile. Nothing can be more unjust and absurd, however politic, than such a law, absurd, because it considers a non-entity capable of committing a crime; and unjust, because it punishes an innocent person. The lawgiver of Israel, in order to intimidate his stiff-necked and rebellious subjects, found it expedient to threaten the visitation of God on the children, for the sins of the fathers, unto the third and fourth generation, a sentiment however which, it would seem, lapse of time had rendered less expedient, for the prophet Ezekiel, who on this subject had more elevated notions of moral right than either the Greeks or the Chinese, spurns it with great indignation. In allusion to such an idea, which it seems had become a proverb among the Jews, he breaks out into this sublime exclamation: "What mean ye that ye use this proverb concerning the land of Israel, saying, The fathers have eaten sour grapes, and the children's teeth are set on edge? As I live, saith the Lord, ye shall not have occasion any more to use this proverb in Israel. Behold all souls are mine; as the soul of the father, so also the soul of the son, is mine. The soul that sinneth, it shall die. The son shall not bear the iniquity of the father, neither shall the father bear the iniquity of the son: the righteousness of the righteous shall be upon him, and the wickedness of the wicked shall be upon him."

In most causes, except those of high treason, it may be presumed, the high tribunal of Pekin will act with strict impartiality. And it is greatly to be lamented, that all civil causes have not been made subject to a similar revision as those of a criminal nature, which would strike at the root of an evil that is most grievously felt in China, where the officers of justice are known, in most cases, to be corrupted by bribery. They have, however, wisely separated the office of judge from that of the legislator. The former, having found the fact, has only to refer to the code of laws, in which he is supplied with a scale of crimes and their punishments. Such a mode of distributing justice is not however without its inconveniences. Tender as the government has shewn itself, where the life of a subject is concerned, having once established the proportion of punishment to the offence it has supposed an appeal, in civil causes and misdemeanors, to be unnecessary. The sentence in such causes being thus left in the breast of a single judge, how great soever may be the nicety by which the penalty is adapted to the offence, the exclusion from appeal is in itself a bar to the just and impartial administration of the laws. The subject being refused the benefit of carrying his cause into a higher, and on that account more likely to be a more impartial, court, has no security against the caprice, malice, or corruption of his judge.