CHINA. 



cing (heir claims with a !<-ud voice, and continuing 

 >w v v' to krrp ihrir H ; nbursed ; and, a* 



the debtor know t, that, should any accidrnt happen to 

 hi* creditor in 



upon *ut) i! ' 



i ponhleby 



act u I paymciit. or by sor 



ofh claimant. A .1 l.^t resource, 



1,1 iiu.it' n to carry off the dooi tor'o house 



or hop, on the firtt da) of ihc year, w nch is accounted 

 the greatest it that could happen at such a 



timt M there would then be no obstruction to the en- 

 genii. As such charge* for debt 

 mre accounted highly infamous among the Chinese, the 

 friend* and relative* of the party involved are ready to 

 cone forward with their mediation, to prevent matters from 

 coining to tuch extremities ; but, when a debtor is con- 

 tcious of having no resource, it is no uncommon expe- 

 dient, in onii r to avoid these inauspicious visit of his 

 creditor, to set fire to his own house at the end of the 

 year. 



.... , 13. The laws interfere in every circumstance of hu- 



'''" i* I,, 



fences. man conduct, and penalties are incurred by the most pri- 

 vate domestic improprieties, such as neglecting to ho- 

 nour the tombs of deceased parents, dressing unsuitably, 

 allowing lands in possession to lie waste, neglecting to 

 pay interest regularly for debts or borrowed money. 

 . In matter* of police, the process is very summary, 



proeai , especially if the mai.dann ha been a witness of the of- 

 fcc. fence. He does not wait till a complaint be made, nor 



does he send the person apprehended to prison, to be 

 brought afterwards to trial ; but instantly interrogates, 

 judges, and punishes him, upon the spot. When an in- 

 dividual has sustained any injury, he states his grievance 

 to the mandarin of his district or village, who is ordained 

 to administer justice without any fee or present, and who 

 is forbidden to drink wine before going to the tribunal ; 

 and it is permitted to the subject, in every instance, to 

 apply to the highest magistrate within his reach, to the 

 governor of the city, or the viceroy of the province in 

 which he resides. If the mandarin admits the charge, 

 he puts upon it a red mark, which then converts it into 

 a warrant for execution. In complicated cases, the trial 

 i* carried on in public and by writing, witnesses are ex- 

 amined, the parties heard, and the judge explains the 

 ground of his sentence. No advocate or counsel is per- 

 mitted, but every one pleads his own cause, either r/ivi 

 voce, or by memorial ; and should any third person in- 

 terfere in a cause, so as to give it an unjust issue, he would 

 be subjected to severe punishment, according to the na- 

 ture of the case. In criminal cases, the witnesses are 

 confronted, and also separately examined ; all possible 

 means are used to reach the truth, and the whole pro- 

 cess is committed to writing. If it is a matter of life 

 and death, it is remitted to the tribunals at Pekin, where 

 the whole is revised, and confirmed or altered, as they 

 way see cause. But, in civil causes, the power of the 

 superior magistrate in the place is absolute ; and his de- 

 cision without appeal, unless the matter be consideicd of 

 sufficient importance to be transmitted to the capital. 

 All persons, who come to the knowledge of a crime, 

 and fail to inform, are liable to punishment ; but who- 

 ever thould inform against his father, mother, grand- 

 father, grandmother, uncle, or elder brother, i condemn- 

 ncd to suffer 100 blows, and to be banished for three 

 years, even though the accusation should be just. In 

 cases of theft and robbery, the mandarins ana soldi rs 

 of the district are exposed to repeated floggings, ur t 

 disnuual from their office, if they fail to discover and 



convict the offender. If any one comes before a magis- Law*, 

 trate, and freely confesses his crime before he has been """"V^" 

 chared with it. he is entitled to a free pardon, provided 

 it be the first When once a person is appre- 



hended upon any charge or suspicion, lie is carried to 

 prison without any relief, analogous to bail ; except in 

 the case of female offenders, who are not committed to 

 I i i -.!. capital crimes or adultery, hut are per- 



mitted to remain with their husbands or relatives, till 

 the day of trial. 



There are prisons in every city ofconsequer.ee, which 1'niom. 

 are said to be large, commodious, and in excellent order. 

 They are surrounded with high walls, in which are Jodg- 

 ings for the soldiers ; and have large courts, where the 

 prisoners :.re allowed to walk during the day. As their 

 allowance of rice from the government is email, they 

 are permitted to work for their support, and hence the 

 prisons are provided with workshops, and the necessary 

 articles of the different professions. In the larger pri- 

 sons, merchants, tailors, butchers, and cook-shops, are 

 to be found for the use of the persons confined ; and, if 

 the prisoners possess money, and have been guilty of 

 slight faults, they can procure separate cells and good 

 treatment. Their relations are allowed to visit llum in 

 prison, and are even encouraged to afford them every 

 assistance and comfort in their power. The debtors and 

 felons are always kept in separate apartments ; and the 

 latter are neither allowed logo out, nor to speak to any 

 person. They bear a piece of wood upon their neck, 

 upon which is written their name, crime, and sentence. 

 They may be allowed to work, and to enjoy some little 

 ease during the day ; but are strictly treated during 

 night, lest they should effect their escape, for which 

 the soldiers would be held strictly responsible. They 

 arc then stretched upon planks of wood ; tied down by 

 large chains on their feet, hands, and body, stowed close 

 to each other, so that they can scarcely stir ; and are even 

 covered above with large tables of timber. The women, 

 also, are separated from the men, and can be seen and 

 spoken to only through a grate or the turning-box, by 

 which their food is conveyed. A mandarin is appointed 

 to itibpect frequently these places of confinement ; and 

 is bound to see, that the sick be properly treated, pro- 

 vided with medicines, and attended by a physician, at the 

 expence of the emperor. Upon the death of a prisoner, 

 the emperor must be immediately informed, and he some- 

 times commissions a higher mandarin to enquire how 

 far the inspecting officer has done his duty. The body 

 of a deceased prisoner is not carried out by the ordinary 

 gate, but by a hole in the wall, made for the purpose, 

 which is accounted one of the most infamous occurrences 

 in the life of a Chinese; at d i ne of their heaviest impre- 

 cations upon another, is to wish, that he may be carried 

 through tli' wlu-n a person, possessed of 



any property or station, fall., tick in prison, his relations 

 use all means to procure his dismissal till cured, that, in 

 case of his dying, he may thus avoid the fate of being 

 carried through the wall. 



These Jaws are expressed in a style distinguished for character 

 its brevity, distinctness, and simplicity, yet sufficiently of tlieir 

 copioun and full, so as to put it in the power of every laws, 

 subject, who peiust-s them, to understand the will of the 

 legislature. Tin 1 characteristic defect of the whole sys- 

 tem is an unprofitable n. muteness of regulation, an in- 

 tolerable interference it li ivn-y ordinary duty <-f life, 

 and an unnecr*:>iy end. avour to fix every shade .,' <iis- 

 tinction, which a case may lecc-ivc from its circmiltu 'cs. 

 Tim.-, . : i is left to the discretion 



of the judge, and every offender may almost anticipate 







