CHINA. 



261 



Laws. his sentence ; but the system is completely destructive 

 -y- of personal freedom, and resembles more the irksome dis- 

 cipline of a school, than the judicious restraints of an en- 

 lightened government. It is sufficiently adapU-d to keep 

 subjects in older, and to repress private injuries among 

 individuals ; but it is a dead weight upon every thing 

 like dignity of mind or delicacy of feeling, and would be 

 felt ai the most cruel oppression by a high-spirited and 

 generous-minded people. The formation of euch a code 

 seen s to belong to a state of society, not much advanced 

 beyond the first stages of civilization, and its direct ten- 

 dency evidently is to prevent the people, under its influ- 

 ence, from making any farther progress in the political 

 improvement of their condition, or in personal refine- 

 ment of character. The indiscriminate frequency of cor- 

 poral punishment must infallibly prevent such attain- 

 ments, and fixes the subjects always in the condition of 

 grown children, who are kept in order by mere flogging. 

 Offv-nces of all description*, and in every rank of so- 

 ciety, are punished by a certain quantity of flagellation ; 

 and there are at least 50 clauses in this code of laws, by 

 which a general officer is ordered to receive, for particu- 

 lar offences, 50 lashes up'.-n his posteriors ; while he is 

 allowed to continue in the command of the army. Such 

 a system of whipping men into good morals and civil 

 manners may be adapted to the peculiar genius of the 

 people among whom it prevails ; but it could never have 

 originated, ncr have continued to be endured, except in 

 a country where there existed, in an extreme degree, a 

 general debasement of all character. The severity of 

 these corporal punishments is not so great as the law 

 prescribes ; and i.. the published code, we see rather the 

 measure and scale of punishment, than the actual execu-. 

 tion and practice. Thus, 10 blows of nominal punish- 

 ment are reduced to four in reality, and 100 to 40. It 

 is found, however, to depend much upon the admini- 

 strators of these laws, whether they can be calL-d le- 

 nient or severe ; and it seems to be the concurrent tes- 

 timony of eye-witnesses, that the latter character is the 

 more general. " The manner," says M. De Guignes, 

 " in which I have seen the bamboo applied during my 

 journey is cruel." " In our return down the Pei-ho," 

 lays Mr Barrow, " the water being considerably shal- 

 lower, than when we first sailed up this river, one of. our 

 accommodation barges got aground in the middle of the 

 night. The air was piercing cold, and the poor crea 

 tures, belonging to the ve el, were busy until sun- rise in 

 the midst of the river, using their endeavours to get her 

 off. The rest of the fleet had proceeded, and the pa- 

 tience of the superintending officer at length being ex- 

 hausted, he ordered hi* soldiers to flog the captain and 

 the whole crew, which was accordingly done in a most 

 unnurciful manner ; and this was their only reward for 

 the use of the yacht, their time, and labour for two 

 days. Whenever the wmd was c mtrary, or it was found 

 necessary to track the vessels against the stream, a num- 

 ber of men were tmployed for this purpose. The poor 

 creztures were always pressed into this disagreeable and 

 laborious service, tor which they were to receive about 

 - 6d. a day so long at they trdcked, without any allow, 

 ance being made to them for returning to the place from 

 whence iluy were forced. These people, knowing the 

 difficulty there was of getting others to supply their 

 places, and that their services would be required until 

 such should be procured, generally deserted by night, 

 di&ngarding their pay. In order to procure others, the 

 officers dispatched their soldier* to the nearest village, 

 taking the n, habitants by surprise, and forcing them out 

 of their beds to join the yachts. Scarcely a night oc- 



curred, in which some poor wretches did not suffer the Laws, 

 lashes of the soldiers for attempting to escape, and for -v-^"" 

 pleading the excuse of old age and .nnrmity. It was 

 pamful to behold the deplorable condition of some of 

 these creatures. Several were half naked, and appeared 

 to be wasting and languishing for want of food. Yet 

 the task of dragging along the vessels was not light. 

 Sometimes they were under the necessity of wading to 

 the middle in mud ; sometimes to swim across cieeks, 

 and immediately afterwards to expose their naked bodies 

 to a scorching sun ; and they were always driven by a 

 soldier, or the lictor of some petty police officer, carry, 

 ing in his hand an enormous whip, with which he lashed 

 them with as little reluctance, as it they had been a team 

 of horses." Nor is it merely the lower and poorer 

 classes, who are thus subjected to the caprice, cruelty, 

 and extortions of the mandarins ; but even persons of 

 property have no sufficient security or proper influence 

 in this country, and are even still more frequently nude 

 objects of plunder to those in power. Hence a rich man 

 in China, instead of deriving benerit or comfort from his 

 wealth, is often afraid to use it, or at least to show that 

 he is using it ; and is very cautious not to indicate uis 

 circumstances by having a fine house, or wearing finer 

 clothes than his neighbours, lest he should attract the 

 notice of the governor of hiti district, who would soon find 

 means to bring him under some sumptuary law, and thus 

 to fleece him of his wealth. Thus it is always found in 

 China, that the man in office has it in his power to govern 

 the laws ; and though the utmost solicitude is expressed by 

 the imperial edicts, and the most severe restrictions enact- 

 ed, with a view to prevent the negligence, corruption, and 

 oppressions of the judges and officers, yet these are very 

 generally disregarded by those who should most observe 

 them ; and there is scarcely a more profligate and op. 

 pressive government in the world, than that of the Chi- 

 nese. Of one crime at least, and that one of the most 

 heavily reprobated by their laws, they are known to be al- 

 most universally guilty, namely, that of corruption ; and 

 wherever this evil is so extensive, it is evident that the 

 foundation of all justice and good government must be 

 completely subverted. At Canton, it is believed that 

 the British traders have never yet met with any officer 

 of government, who was inaccessible to a bribe ; and a 

 very remarkable instance is recorded b* Sir G. Staun- 

 ton, in the appendix to his translation of their penal 

 code, which will convey the best idea of the corrupt 

 chicanery and barefaced falsifications which are common 

 in Chinese tribunals of justice. 



In Februaiy 1807, 52 seamen belonging to the East Instance of 

 India Company's ship Neptune, having been on shore at J-*'!>ese 

 Canton, had been involved in a general scuffle with some just 

 hundreds of Chinese, when one of the latter received an 

 unfortunate blow with a stick, in consequence of which 

 he soon after died. The Chinese merchant, who had 

 become surety for the good behaviour of the crew, be- 

 ing called upon by the mandarins, applied to the British 

 factory to deliver up the offender, or at least one of the 

 seamen engaged in the affray. As it was impossible, 

 however, to ascertain which of the ship's company, or 

 whether any of them had given the blow, the supercar- 

 goes resisted the demand. The chief of the factory 

 was threatened with imprisonment, until a man should be 

 given up ; the cargoes for the Company's ships were 

 withheld ; and the security-merchant was actually put 

 in chains, and menaced with corporal punishment. As 

 these measures did not succeed, the magistrates next de- 

 manded, that those seamen who were most active, who 

 carried sticks, or who were known to be drunk at the . 



