INFLUENCE OF THE LAWS UPON SOCIETY.
Sheer cruelty, except in cases of treason against the Emperor, cannot be charged against this code as a whole, though many of the laws seem designed to operate chiefly in terrorem, and the penalty is placed higher than the punishment really intended to be inflicted, to the end that the Emperor may have scope for mercy, or, as he says, “for leniency beyond the bounds of the law.” The principle on which this is done is evident, and the commonness of the practice proves that such an exercise of mercy has its effect. The laws of China are not altogether unmeaning words, though the degree of efficiency in their execution is subject to endless variations; some officers are clement, others severe; the people in certain provinces are industrious and peaceable, in others turbulent and averse to quiet occupations, so that one is likely to form a juster idea of their administration by looking at the results as seen in the general aspect of society, and judging of the tree by its fruits, than by drawing inferences applicable to the whole machine of state from particular instances of oppression and insubordination, as has been so often the case with travellers and writers.
The general examination of the Chinese government here proposed may be conveniently considered under the heads of the Emperor and his court, classes of society, the different branches of the supreme administration, the provincial authorities, and the execution of the laws.
ATTRIBUTES OF THE CHINESE EMPEROR.
The Emperor is at the head of the whole; and if the possession of great power, and being the object of almost unbounded reverence, can impart happiness, he may safely be considered as the happiest mortal living; though to his power there are many checks, and the reverence paid him is proportioned somewhat to the fidelity with which he administers the decrees of heaven. “The Emperor is the sole head of the Chinese constitution and government; he is regarded as the vice-gerent of heaven, especially chosen to govern all nations; and is supreme in everything, holding at once the highest legislative and executive powers, without limit or control.” Both he and the Pope claim to be the vice-gerent of heaven and interpreter of its decrees to the whole world, and these two rulers have emulated each other in their assumption of arrogant titles. The most common appellation employed to denote the Emperor in state papers and among the people is hwangtí, or ‘august sovereign;’ it is defined as “the appellation of one possessing complete virtues, and able to act on heavenly principles.”[221] This title is further defined as meaning heaven: “Heaven speaks not, yet the four seasons follow in regular succession, and all things spring forth. So the three august ones (Fuhhí, Shinnung, and Hwangtí) descended in state, and without even uttering a word the people bowed to their sway; their virtue was inscrutable and boundless like august heaven, and therefore were they called august ones.”
Among the numerous titles given the monarch may be mentioned hwang shang, the ‘august lofty one;’ tien hwang, ‘celestial august one;’ shing hwang, the ‘wise and august,’ i.e., infinite in knowledge and complete in virtue; tien tí, ‘celestial sovereign;’ and shing tí, ‘sacred sovereign,’ because he is able to act on heavenly principles. He is also called tien tsz’, ‘son of heaven,’ because heaven is his father and earth is his mother, and shing tien tsz’, ‘wise son of heaven,’ as being born of heaven and having infinite knowledge; terms which are given him as the ruler of the world by the gift of heaven. He is even addressed, and sometimes refers to himself, under designations which pertain exclusively to heaven. Wan sui yé, ‘sire of ten thousand years,’ is a term used when speaking of him or approaching him, like the words, O king, live forever! addressed to the ancient kings of Persia. Pí hia, ‘beneath the footstool,’ is a sycophantic compellation used by his courtiers, as if they were only worthy of being at the edge of his footstool.
The Emperor usually designates himself by the terms chin, ‘ourself;’ kwa jin, the ‘solitary man,’ or the one man; and kwa kiun, the ‘solitary prince.’ He has been loaded with many ridiculous titles by foreign writers, as Brother of the Sun and Moon, Grandson of the Stars, King of Kings, etc., but no such epithets are known among his subjects. His palace has various appellations, such as hall of audience, golden palace, the ninth entrance, vermilion avenue, vermilion hall, rosy hall, forbidden pavilion, the crimson and forbidden palace, gemmeous steps, golden steps, meridian portal, gemmeous avenue, celestial steps, celestial court, great interior, the maple pavilion, royal house, etc. To see him is to see the dragon’s face; the throne is called the “dragon’s throne,” and also the “divine utensil,” i.e., the thing given him by heaven to sit in when executing his divine mission; his person is styled the dragon’s body, and a five-clawed dragon is emblazoned, like a coat of arms, on his robes, which no one can use or imitate. Thus the Old Dragon, it might be almost said, has coiled himself around the Emperor of China, one of the greatest upholders of his power in this world, and contrived to get himself worshipped, through him, by one-third of mankind.
The Emperor is the fountain of power, rank, honor, and privilege to all within his dominions, which are termed tien hia, meaning all under heaven, and were till recently, even by his highest officers, ignorantly supposed to comprise all mankind. As there can be but one sun in the heavens, so there can be but one hwangtí on earth, the source and dispenser of benefits to the whole world.[222] The same absolute executive power held by him is placed in the hands of his deputies and governor-generals, to be by them exercised within the limits of their jurisdiction. He is the head of religion and the only one qualified to adore heaven; he is the source of law and dispenser of mercy; no right can be held in opposition to his pleasure, no claim maintained against him, no privilege protect from his wrath. All the forces and revenues of the Empire are his, and he has a right to claim the services of all males between sixteen and sixty. In short, the whole Empire is his property, and the only checks upon his despotism are public opinion, the want of an efficient standing army, poverty and the venality of the agents of his power.
When the Manchus found themselves in possession of Peking, they regarded this position as fully entitling them to assume all imperial rights. Their sovereign thus announced his elevation in November, 1644: “I, the Son of Heaven, of the Ta-tsing dynasty, humbly as a subject dare to announce to Imperial Heaven and Sovereign Earth. Though the world is vast, Shangtí looks on all without partiality. My Imperial Grandfather received the gracious decree of Heaven and founded a kingdom in the East, which became firmly established. My Imperial Father succeeding to the kingdom, extended it; and I, Heaven’s servant, in my poor person became the inheritor of the dominion they transmitted. When the Ming dynasty was coming to its end, traitors and men of violence appeared in crowds, involving the people in misery. China was without a ruler. It fell to me reverentially to accept the responsibility of continuing the meritorious work of my ancestors. I saved the people, destroyed their oppressors; and now, in accordance with the desires of all, I fix the urns of Empire at Yen-king.... I, receiving Heaven’s favor, and in accordance with their wishes, announce to Heaven that I have ascended the throne of the Empire, that the name I have chosen for it is the Great Pure, and that the style of my reign is Shun-chí (‘Obedient Rule’). I beg reverentially Heaven and Earth to protect and assist the Empire, so that calamity and disturbance may soon come to an end, and the land enjoy universal peace. For this I humbly pray, and for the acceptance of this sacrifice.”
PERSONAL NAME AND TITLES OF THE EMPEROR.