Travels in China Part 20

[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-ent.i.ty 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 G.o.d 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.

It may not perhaps be thought unworthy of notice that the legislators of China, among the various punishments devised for the commission of crimes, have given the criminal no opportunity, either by labouring at any of the public works, or in solitary confinement, to make some reparation for the injury he has committed against society. Confinement in prison, as a punishment, is not known. Exile or personal chastis.e.m.e.nt are decreed for all irregularities not approaching to capital offences.

Executions for capital crimes are not frequently exhibited; when found guilty the criminals are remanded to prison till a general gaol delivery, which happens once a year, about the autumnal equinox. In adopting such a measure government may perhaps have considered, how little benefit the morals of the people were likely to derive from being the frequent spectators of the momentary pain that is required to take away the existence of a fellow mortal. All other punishments, however, that do not affect the life of man, are made as public as possible, and branded with the greatest degree of notoriety. The beating with the bamboo, in their ideas, scarcely ranks under the name of punishment, being more properly considered as a gentle correction, to which no disgrace is attached, but the cangue or, as they term it, the _tcha_, a kind of walking pillory, is a heavy tablet of wood, to which they are fastened by the neck and hands, and which they are sometimes obliged to drag about for weeks and months; this is a terrible punishment, and well calculated to deter others from the commission of those crimes of which it is the consequence, and the nature of which is always inscribed in large characters upon it.

The order that is kept in their jails is said to be excellent, and the debtor and the felon are always confined in separate places; as indeed one should suppose every where to be the case, for, as Sir George Staunton has observed, "To a.s.sociate guilt with imprudence, and confound wickedness with misfortune, is impolitic, immoral, and cruel[27]."

[27] A debtor is released when it appears that the whole of his property has been given up for the use of his creditors.

The abominable practice of extorting confession by the application of the torture is the worst part of the criminal laws of China; but they pretend to say this mode is seldom recurred to, unless in cases where the guilt of the accused has been made to appear by strong circ.u.mstantial evidence. It is however a common punishment to squeeze the fingers in cases of misdemeanour, and is particularly practised as a punishment of those females who purchase licences for breaking through the rules of chast.i.ty.

By the laws relating to property, women in China, as in ancient Rome, are excluded from inheriting, where there are children, and from disposing of property; but where there are no male children a man may leave, by will, the whole of his property to the widow. The reason they a.s.sign for women not inheriting is, that a woman can make no offering to deceased relations in the hall of ancestors; and it is deemed one of the first ideal blessings of life for a man to have some one to look up to, who will transmit his name to future ages, by performing, at certain fixed periods, the duties of this important ceremony. All their laws indeed respecting property, as I have already observed, are insufficient to give it that security and stability which alone can const.i.tute the pleasure of acc.u.mulating wealth. The avarice of men in power may overlook those who are in moderate circ.u.mstances, but the affluent rarely escape their rapacious grasp. In a word, although the laws are not so perfect as to procure for the subject general good, yet neither are they so defective as to reduce him to that state of general misery, which could only be terminated in a revolution. The executive administration is so faulty, that the man in office generally has it in his power to govern the laws, which makes the measure of good or evil depend greatly on his moral character.

Such are indeed the disposition and the habits of the people, that so long as the mult.i.tude can procure their bowl of rice and a few savory sauces, that cost only a mere trifle, there will be less danger of a revolt; and the government is so well convinced of this, that one of its first concerns is to lay up, in the public magazines erected in every part of the empire, a provision of grain, to serve as a supply for the poor in times of famine or scarcity. In this age of revolutions, a change, however, seems to be taking place in the minds of the people, which I shall presently notice.

The system of universal and implicit obedience towards superiors pervades every branch of the public service. The officers of the several departments of government, from the first to the ninth degree, acting upon the same broad basis of paternal authority, are invested with the power of inflicting the summary punishment of the bamboo, on all occasions where they may judge it proper, which, under the denomination of a fatherly correction, they administer without any previous trial, or form of inquiry. The slightest offence is punishable in this manner, at the will or the caprice of the lowest magistrate. Such a summary proceeding of the powerful against the weak naturally creates in the latter a dread and distrust of the former; and the common people, accordingly, regard the approach of a man in office, just as schoolboys observe the motions of a severe master; but the fatherly kindness of the Emperor is recognised even in punishment; the culprit may claim the exemption of every fifth blow as the Emperor's _coup-de-grace_; but in all probability he gains little by such remission, as the deficiency in number may easily be made up in weight.

This practical method of evincing a fatherly affection is not confined to the mult.i.tude alone, but is extended to every rank and description of persons, ceasing only at the foot of the throne. Each officer of state, from the ninth degree upwards to the fourth, can, at any time, administer a gentle correction to his inferior; and the Emperor orders the bamboo to his ministers, and to the other four cla.s.ses, whenever he may think it necessary for the good of their morals. It is well known that the late _Kien Long_ caused two of his sons to be bambooed long after they had arrived at the age of maturity, one of which, I believe, is the present reigning Emperor.

In travelling through the country, a day seldom escaped without our witnessing the application of the _Pan-tse_ or bamboo, and generally in such a manner that it might be called by any other name except a _gentle_ correction. A Chinese suffering under this punishment cries out in the most piteous manner; a Tartar bears it in silence. A Chinese, after receiving a certain number of strokes, falls down on his knees, as a matter of course, before him who ordered the punishment, thanking him, in the most humble manner, for the fatherly kindness he has testified towards his son, in thus putting him in mind of his errors; a Tartar grumbles, and disputes the point as to the right that a Chinese may have to flog him; or he turns away in sullen silence.

Ridiculous as it may appear to a foreigner, in observing an officer of state stretching himself along the ground for the purpose of being flogged by order of another who happens to rank one degree above him; yet it is impossible, at the same time, to suppress a glow of indignation, in witnessing so mean and obsequious a degradation of the human mind, which can bring itself, under any circ.u.mstances, patiently to submit to a vile corporal punishment, administered by the hand of a slave, or by a common soldier; and when this is done, to undergo the still more vile and humiliating act of kissing the rod that corrects him. But the policy of the government has taken good care to remove any scruples that might arise on this score. Where paternal regard was the sole motive, such a chastis.e.m.e.nt could not possibly be followed with dishonour or disgrace. It was a wonderful point gained by the government, to subject every individual, the Emperor only excepted, to the same corporal correction; but it must have required great address, and men's minds must have been completely subdued, or completely convinced, before such a system of universal obedience could have been accomplished, the consequence of which, it was obvious, could be no other than universal servility. It could not fail to establish a most effectual check against the complaints of the mult.i.tude, by shewing them that the same man, who had the power of punishing them, was equally liable to be corrected in his turn, and in the same manner, by another.

The punishment of the bamboo must, I suspect, be one of the most ancient inst.i.tutions of China. Indeed we can scarcely conceive it ever to have been introduced into a society already civilized; but rather to have been coeval with the origin of that society.

A similar kind of personal chastis.e.m.e.nt for light offences, or misconduct, was inflicted in Russia on persons of all ranks, but with this difference, that the correction was private and by order of the Sovereign alone. The Czar Peter, indeed, generally bestowed a drubbing on his courtiers with his own hand; who, instead of being dishonoured or disgraced by such a castigation, were supposed, from that very circ.u.mstance, to be his particular favourites, and to stand high in his confidence. The great Mentzikoff is said to have frequently left his closet with a black eye or a b.l.o.o.d.y nose; and seemed to derive encreasing importance from the unequivocal marks of his master's friendship. Even at the present day, or till very lately, little disgrace was attached to the punishment of the _knout_, which was a private flagellation by order of the court; but this abominable practice either is altogether discontinued, or in its last stage of existence.

Such arbitrary proceedings could not long remain in force among an enlightened people.

These two great empires, the greatest indeed that exist in the world, dividing between them nearly a fifth part of the whole habitable globe, each about a tenth, exhibit a singular difference with regard to political circ.u.mstances. One century ago Russia was but just emerging from a state of barbarism, and in a century hence, in all human probability, she will make a conspicuous figure among European nations, both in arts and arms. Two thousand years ago China was civilized to the same degree, or nearly so, that she is at present. The governments were both arbitrary, and the people were slaves. The natural genius of the Russian, cramped perhaps in some degree by his frozen climate, is less susceptible of improvement than that of the Chinese. Whence then, it may be asked, proceeds the very great difference in the progressive improvement of the two nations? princ.i.p.ally, I should suppose, from the two following reasons. Russia invites and encourages foreigners to instruct her subjects in arts, sciences, and manufactures. China, from a spirit of pride and self-importance, as well as from jealousy, rejects and expels them. The language of Russia is easily acquired, and her subjects as easily learn those of other countries, whilst that of China is so difficult, or their method of learning it so defective, as to require the study of half the life of man to fit him for any of the ordinary employments of the state, and they have no knowledge of any language but their own. The one is in a state of youthful vigour, advancing daily in strength and knowledge; the other is worn out with old age and disease, and under its present state of existence is not likely to advance in any kind of improvement.

To the principle of universal obedience the Chinese government has added another, which is well calculated to satisfy the public mind: the first honours and the highest offices are open to the very lowest of the people. It admits of no hereditary n.o.bility; at least none with exclusive privileges. As a mark of the Sovereign's favour a distinction will sometimes descend in a family, but, as it confers no power nor privilege nor emolument, it soon wears out. All dignities may be considered as merely personal; the princes of the blood, even, sink gradually into the common ma.s.s, unless their talents and their application be sufficient to qualify them for office, independent of which there can be neither rank nor honours, and very little if any distinction, not even in the imperial family, beyond the third generation. On public days the Emperor, at a single glance, can distinguish the rank of each of the many thousand courtiers that are a.s.sembled on such occasions by their dress of ceremony. The civilians have a bird, and the military a tyger, embroidered on the breast and back of their upper robe; and their several ranks are pointed out by different coloured globes, mounted on a pivot on the top of the cap or bonnet. The Emperor has also two orders of distinction, which are conferred by him alone, as marks of particular favour; the order of the yellow vest and of the peac.o.c.k's feather.

The influence that, in nations of Europe, is derived from birth, fortune, and character, is of no weight in the Chinese government. The most learned, and I have already explained how far the term extends, provided he be not of notorious bad character, is sure to be employed; though under the present Tartar government, the Chinese complain that they never arrive at the highest rank till they are advanced in years.

Learning alone, by the strict maxims of state, leads to office, and office to distinction. Property, without learning, has little weight, and confers no distinction, except in some corrupt provincial governments, where the external marks of office are sold, as in Canton.

Hence property is not so much an object of the laws in China as elsewhere, and consequently has not the same security. In the governments of Europe, property seldom fails to command influence and to force dependence: in China, the man of property is afraid to own it, and all the enjoyments it procures him are stolen.

Sometimes, indeed, the highest appointments in the state are conferred, as it happens elsewhere, by some favourable accident, or by the caprice of the monarch. A striking instance of this kind was displayed in the person of _Ho-tchung-tang_, the last prime minister of the late _Kien-long_. This man, a Tartar, happened to be placed on guard in the palace, where his youth and comely countenance struck the Emperor so forcibly in pa.s.sing, that he sent for him to the presence; and finding him equally agreeable in his conversation and manners, he raised him rapidly, but gradually, from the situation of a common soldier, to the highest station in the empire. Such sudden changes, from a state of nothingness to the summit of power, have frequently been observed to be attended with consequences no less fatal to the man so elevated, than pernicious to the public: and thus it happened to this favourite minister. During the life of his old master, over whom, in his later years, he is said to have possessed an unbounded influence, he availed himself of the means that offered, by every species of fraud and extortion, by tyranny and oppression, to ama.s.s such immense wealth in gold, silver, pearls, and immoveable property, that his acquisitions were generally allowed to have exceeded those of any single individual, that the history of the country had made known. His pride and haughty demeanour had rendered him so obnoxious to the royal family that, at the time we were in Pekin, it was generally supposed, he had made up his mind to die with the old Emperor, for which event he had always at hand a dose of poison, not chusing to stand the severe investigation which he was well aware the succeeding prince would direct to be made into his ministerial conduct. It seems, however, when that event actually happened, the love of life, and the hope of escaping, prevailed on him to change his purpose and to stand the hazard of a trial. Of the crimes and enormities laid to his charge he was found, or rather he was said to have pleaded, guilty. The vast wealth he had extorted from others was confiscated to the crown, and he was condemned to suffer an ignominious death[28].

[28] The circ.u.mstances attending the downfal of this minister are curious, and shew, in its true light, the despotic nature of the Chinese government, notwithstanding their salutary laws. The new Emperor, determined on his ruin, makes a public declaration wherein, after apologizing for not abstaining agreeably to the laws of the empire from all acts of innovation, for the s.p.a.ce of three years after his father's death, he observes, that the crimes and excesses of _Ho-tchung-tang_ are of so horrid a nature, as to preclude him from acting towards him with any pity or indulgence. He then exhibits about twenty articles of accusation against him, the princ.i.p.al of which are,

_Contumacy_ towards his father (the late Emperor) by riding on horseback to the very door of the hall of audience at _Yuen-min-yuen_.

_Audacity_, under pretence of lameness, in causing himself to be carried to and from the palace through the door set apart for the Emperor.

_Scandalous behaviour_, in taking away the virgins of the palace, and appropriating them to his own use.

_Pride and insolence_, in countermanding his (the new Emperor's) order, for all the princes of Tartary to be summoned to Pekin, those who had not had the small-pox excepted, to a.s.sist at the funeral of his father, and by issuing a new one, in which _none_ were excepted.

_Bribery and partiality_, in selling and giving away appointments of weight to persons totally unqualified to fill them.

_Arrogance_, in making use of the wood _Nan-moo_ (cedar) in his house, which is destined exclusively for royal palaces; and in building a house and gardens in the style and manner of those belonging to the Emperor.

For having in his possession more than two hundred strings of pearls, and an immense quant.i.ty of jewels and precious stones, which his rank did not allow him to wear, and among which was a pearl of such wonderful magnitude, that the Emperor himself had no equal to it.

For having in gold and silver alone, which has been already discovered and confiscated, the amount, at least, of ten million taels (about 3,300,000_l._ sterling).

One article is singularly curious. For having been guilty of the deepest treachery in informing him (the new Emperor) of his father's intention to abdicate the government in his (the new Emperor's) favour, _one day_ before his father made it public, thinking by such means to gain his favour and affection!

After enumerating the several articles of accusation, the Emperor states, that this minister being interrogated by a Tartar prince on several points, had confessed the whole to be true, and, therefore, without further evidence, he commands the presidents and members of the several courts in Pekin, the viceroys of provinces, and governors of cities, on these articles of accusation being laid before them, to pa.s.s a proper sentence on the said _Ho-tchung-tang_. According to the majority, he was condemned to be beheaded; but as a peculiar act of grace and benevolence on the part of the Emperor, this sentence was mitigated to that of his being allowed to be his own executioner. A silken cord being sent as an intimation of this mark of the Emperor's favour, he caused himself to be strangled by some of his attendants.

Who could escape when the Emperor of China is himself the accuser? It will readily occur, from the fate of _Ho-tchung-tang_, that there is not that line of independence drawn between the executive and juridical authority, which the ingenious author of the Spirit of Laws has clearly proved to be the grand foundation of a just, legal, and efficient security of the life and property of the subject. In fact, in all state crimes, the Emperor becomes both the accuser and the judge. In the case of _Ho-tchung-tang_ he may likewise be said to have been the only evidence.

But _Ho-tchung-tang_, if guilty of inordinate ambition, or acts of injustice, is far from being the only instance of such conduct in men thus raised from humble situations. The officers of government in general, though intended by the const.i.tution as a kind of barrier between the prince and the people, are the greatest oppressors of the latter, who have seldom any means of redress, or of conveying their complaints to the Imperial ear. There is no middle cla.s.s of men in China: men whose property and ideas of independence give them weight in the part of the country where they reside; and whose influence and interest are considered as not below the notice of the government. In fact, there are no other than the governors and the governed. If a man, by trade, or industry in his profession, has acc.u.mulated riches, he can enjoy them only in private. He dares not, by having a grander house, or finer clothes, to let his neighbour perceive that he is richer than himself, lest he should betray him to the commanding officer of the district, who would find no difficulty in bringing him within the pale of the sumptuary laws, and in laying his property under confiscation.

Sometimes, indeed, the extortions that the officers practise upon the people, as in the case of _Ho-tchung-tang_, meet the hand of justice.

Other magistrates keep a steady eye upon their proceedings, and, in proper time, transmit the necessary information to court. Spies also are detached from court into the provinces, under the name of inspectors.

Jealous of each other, they let no opportunity slip of making unfavourable reports to their superiors. Notwithstanding which, with all the precautions taken by government in favour of the subject, the latter finds himself most dreadfully oppressed. It is true, for very slight offences preferred against men in office, the court directs a public reprimand in the official Gazette; for those of a more serious nature, degradation from rank; and every officer so degraded is under the necessity of proclaiming his own disgrace in all his public orders; not only to put him in mind of his past conduct, but likewise to shew the people how watchful the eye of government is over the actions of its servants. The last stage of public degradation, which amounts to a sentence of infamy, is an order to superintend the preparation of the Emperor's tomb, which implies that the person so sentenced is more fit to be employed among the dead than the living. _Tchang-ta-gin_, the late viceroy of Canton, was condemned to this degrading service[29].

[29] Among the various customs of China, particularized in the accounts of the two Mahomedan travellers in the ninth century, this remarkable one is noticed, affording, with the rest, equally singular and peculiar to this nation, an proof of the authenticity of these two relations.

The viceroy of a province can remain in that office no longer than three years, lest he might obtain an undue influence. No servant of the crown can form a family alliance in the place where he commands, nor obtain an office of importance in the city or town wherein he was born. Yet with these, and other precautions, there is still little security for the subject. He has no voice whatsoever in the government, either directly or by representation; and the only satisfaction he possibly can receive for injuries done to him, and that is merely of a negative kind, is the degradation or the removal of the man in power, who had been his oppressor, and who perhaps may be replaced by another equally bad.

The ingenious Mr. Pauw has observed, that China is entirely governed by the whip and the bamboo. To these he might have added the yearly calendar and the Pekin Gazette, both of which, as engines in the hands of government, contribute very materially to a.s.sist its operations. By the circulation of the first is kept alive the observance of certain superst.i.tions which it is, apparently, the study of government to encourage. The second is a vehicle for conveying into every corner of the empire the virtues and the fatherly kindness of the reigning sovereign, shewn by punishing the officers of his government, not only for what they have done amiss, but for what they may have omitted to do.

Thus, if a famine has desolated any of the provinces, the princ.i.p.al officers are degraded for not having taken the proper precautions against it. This paper, in the shape of a small pamphlet, is published every second day. The missionaries have pretended that immediate death would be the consequence of inserting a falsehood in the Imperial Gazette. Yet it is famous for describing battles that were never fought, and for announcing victories that were never gained. The truth of this observation appears from several proclamations of _Kaung-shee_, _Tchien Long_, and the present Emperor, warning the generals on distant stations from making false reports, and from killing thousands and ten thousands of the enemy, sometimes even when no engagement had taken place[30]. The reverend gentlemen only mean to say, that the editor would be punished if he ventured to insert any thing not sent to him officially by the government.

[30] The words of _Kaung-shee's_ proclamation, repeated by _Kia-king_, are: "At present when an army is sent on any military service, every report that is made of its operations, contains an account of a victory, of rebels dispersed at the first encounter, driven from their stations, killed, and wounded, to a great amount, or to the amount of some thousands, or, in short, that the rebels slain were innumerable."

_Pekin Gazette, 31st July, 1800._

The press in China is as free as in England, and the profession of printing open to every one, which is a singular circ.u.mstance, and perhaps the only instance of the kind, in a despotic government. It has usually been supposed that, in free countries only where every person is equally under the protection, and equally liable to the penalties, of the law, the liberty of the press could be cherished; and that it was a thing next to impossible, that power, founded on error and supported by oppression, could long be maintained where the press was free. It was the press that in Europe effected the ruin of priestly power, by dispelling the clouds that had long obscured the rays of truth; and by opening a free access to the doctrines of that religion which, of all others, is best calculated for the promotion of individual happiness and public virtue[31].

[31] When the art of printing was first introduced into England, and carried on in Westminster Abbey, a shrewd churchman is said to have observed to the Abbot of Westminster, "If you don't take care to destroy that machine, it will very soon destroy your trade." He saw at a single glance of the press, the downfal of priestly dominion in the general diffusion of knowledge that would be occasioned by it, and had the rest of the clergy been equally clear-sighted, it is probable the dark ages of superst.i.tion and ignorance had still continued, or at least had been greatly protracted.

In China the liberty of the press seems to excite no apprehensions in the government. The summary mode of punishing any breach of good morals, without the formality of a trial, makes a positive prohibition against printing unnecessary, being itself sufficient to restrain the licentiousness of the press. The printer, the vender, and the reader of any libellous publication, are all equally liable to be flogged with the bamboo. Few, I suppose, would be hardy enough to print reflexions on the conduct of government, or its princ.i.p.al officers, as such publications would be attended with certain ruin. Yet, notwithstanding all the dangers to which the printing profession is liable, daily papers are published in the capital, circulating, something like our own, private anecdotes, domestic occurrences, public notices of sales, and the wonderful virtues of quack medicines. We were told that, in one of these papers, the Portuguese missionary mentioned in Mr. Grammont's letter got a paragraph inserted, purporting the great neglect of the English in having brought no presents for the princes of the blood, nor for the Emperor's ministers. This false and malicious paragraph was said to be followed by another, insinuating that those for the Emperor were common articles of little value. Another pretended to give a catalogue of them, and included an elephant about the size of a rat, giants, dwarfs, wishing pillows, and such like nonsense. These, however, and other publications, were industriously kept from our sight. Under the generous idea of being the Emperor's guests, we were not allowed to purchase any thing. He alone was to supply our wants, but his officers took the liberty of judging what these wants should consist in.