I must observe, however, for the information of these philologists, that scarcely two provinces in China have the same oral language. The officers and their attendants who came with us from the capital could converse only with the boatmen of the southern provinces, through the medium of an interpreter. The character of the language is universal, but the name or sound of the character is arbitrary. If a convention of sounds could have been settled like a convention of marks, one would suppose that a commercial intercourse would have effected it, at least in the numeral sounds, that must necessarily be interchanged from place to place and myriads of times repeated from one corner of the empire to the other. Let us compare then the numerals of Pekin with those of Canton, the two greatest cities in China.
If then, in this highly civilized empire, the oral language of the northern part differs so widely from the southern that, in numerous instances, by none of the etymological tricks 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. 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 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. 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 assist 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 quantity 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 3,300,000l. 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 pass 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. Pekin Gazette, 31st July, 1800. Quid nemora Æthiopum molli canentia lana? Velleraque ut foliis depectant tenuia Seres? Virg. Georg. ii. v. 120. ——Primique nova Phaethonte retecti Seres lanigeris repetebant vellera lucis. Sil. Ital. 1. 6. v. 3. ——Quod molli tondent de stipite Seres Frondea lanigerÆ carpentes vellera SilvÆ. Claudian. Seres lanificio Sylvarum nobiles perfusam aquÁ depectentes frondium canitiem. Plin. 1. 6. 17. Horace makes the Seres expert in drawing the bow, a weapon in the use of which the Scythians were always famous. Doctus Sagittas tendere Sericas Arcu paterno? Hor. lib. i. Od. 29. v. 9. It certainly cannot be inferred that by the Seres, in any of the above quotations, was meant the same people as the present Chinese; on the contrary, the probability is that it did not allude to this nation, and that the ancients had not the least knowledge of its existence. It appears from another passage in Pliny, that the best iron in the world was in Sericum, and that the Seres exported it with their cloths and skins. The iron of the Chinese, as I have had occasion to observe, is remarkably bad, and all their articles of peltry are imported. To the Holy Mother, Queen of Heaven; the Goddess of peace and power, descended from the island of Moui-tao, who stills the waves of the sea, allays storms, protects the empire. Another has The ancient temple of the goddess (Kin-wha) of the golden flower, through whose influence fields are green and fertile like a grove of trees, and benefits are diffused as the frothy wave of the sea, that shines like splendid pearls. IMPERIAL EDICT. "The gracious protecting temple of the king of the dragons, on the mountain of Yu-chun, has on every occasion of drought proved favourable to our prayers offered up there for rain, as duly observed on our sacred registers. From the summer solstice of the present year, a great want of rain has been experienced, on which account we were induced, on the 17th of this moon, to offer up our prayers and sacrifices in person at the said temple. During the very same day, a fall of small rain or dew was observed, and, on the day following, the country was relieved by frequent and copious showers. This further proof of efficacy in granting our requests, augments our veneration and, in testimony whereof, we direct that the temple of the propitious divinity shall receive an additional title, and be styled on all future occasions, "The gracious in protecting, and efficacious in preserving, the temple of the king of the dragons. "Be our will obeyed."Pekin Gazette, 23rd day of 5th Moon, of 6th year of Kia-King. "The soil most favourable to this plant is a white sand, with a small proportion of clay or loam. The plant affects an elevated open situation, and cannot endure low marshy grounds. "After all the cotton pods are gathered, the remaining stems and branches should be cleared away without loss of time, and the ground carefully ploughed up, to expose a new surface to the air and renew the vigour of the soil. "When the plough has passed through the ground three times, the earth should be raked level, that the wind may not raise or dry up any part of it. "——When there is an abundance of manure, it may be laid on previous to the use of the plough, but if it be scarce, &c. it will be preferable to apply it to the soil at the time of sowing the seed. "The manure should be old and well prepared, and among the best ingredients for the purpose, is the refuse of vegetable substances, from which an oil has been expressed. "In the southern provinces the cotton plant will last for two or three years, but to the northward the seed must be sown annually." The author then enumerates nine distinct varieties and their comparative qualities; after which he proceeds to the choice of seed, under which head he observes, that if the seed be steeped in water, in which eels have been boiled, the plant will resist the attack of insects. He then describes the three methods of broadcast, drilling, and dibbling, and gives a decided preference of the last, though it be the most laborious. "The ground being well prepared, holes are to be made at the distance of a cubit from each other, and the lines a cubit apart. A little water is first to be poured in, and then four or five seeds, after which each hole is to be covered with a mixture of soil and manure, and firmly trodden down with the foot. In the other methods a roller is to be used." The next process is weeding, loosening, and breaking fine the earth.—He then observes, "After the plants have attained some degree of strength and size, the most advanced and perfect plant should be selected and all the rest rooted out, for if two or more be suffered to rise together, they will increase in height without giving lateral shoots; the leaves will be large and luxuriant, but the pods will be few." He next proceeds to the pruning of the plants to make them bear copiously—gathering the pods—preparing and spinning the wool—weaving the cloth.—This abridged account I have given to shew, that they are not deficient in writings of this kind. |