REPUBLICAN INSTITUTIONS IN CHINA 603 



fact, much of it reads like a paraphrase into legal terms of the moral 

 teachings of Confucius. To this is added a minute gradation of punish- 

 ments. But in all the thirty-six volumes in which the code is usually 

 published there is hardly a reference to contracts, and no mention 

 whatever of negotiable instruments, partnerships, or to any of the 

 other branches of civil law. 



It is in this broad field of private rights and liabilities that the 

 genius of the people for organization and regulation displays itself. 

 Aside from literary pursuits, the absorbing interest of the Chinese is 

 trade, and in this department they brook no interference from govern- 

 ments or authorities. Commerce is closely organized. In a large 

 commercial center the traders in every staple have their association, 

 the visible evidences of which are the large, substantial guildhalls. In 

 Shanghai, for instance, will be found a piece-goods guild, an opium 

 guild, a silk guild, a bankers' guild and numerous others of lesser 

 importance — in fact, no class in China seems to be so ignorant or so 

 poor as to be wanting in some organization for the protection of its 

 members. There is even a beggars' guild. 



The guilds are something more than Ave might infer from the term. 

 They have an overshadowing prestige. Some years ago the viceroy of 

 one of the coast provinces attempted to levy an additional impost on 

 salt. The merchants protested. The viceroy was obdurate. Not a 

 catty was sold until the distress was such that he was compelled to 

 yield, and shortly after memorialized the throne to be relieved of his 

 official duties " in order that he might visit his parents." jSTegotiable 

 paper has been in use in China for many centuries. The well-defined 

 usage on this subject is the outgrowth of the regulations of the bankers' 

 guild. More recently, the law of insurance has been provided by the 

 underwriters' guild, that of transportation by the shippers' guild, and 

 so on. In fact, it has been said by an authority on Chinese business 

 customs that if the by-laws of all the various guilds could be gathered 

 together, the collection would constitute not only a logical, consistent 

 commercial code, but one far better adapted to its purpose than any that 

 could be produced by the ordinary processes of legislation. 



Commercial disputes very rarely come before any court for adjudica- 

 tion. Between members of the same guild such matters are decided 

 promptly, finally and satisfactorily by the guild itself. Differences 

 between members of independent guilds are referred either to a joint 

 committee, or to a third body for arbitration. If a point involving 

 commercial usage comes before a magistrate it is usual for him to call 

 for a ruling from the proper guild. 



The aloofness of the government is further illustrated by the laws 

 covering marriage and divorce. The code defines with exactitude the 

 relationships in which marriage is unlawful, but no such thing as a 



