It also belongs to sub-officers in the Board of Punishments to record all his Majesty’s decisions upon appeals from the provinces at the autumnal assizes, when the entire list is presented for his examination and ultimate decision, and see that these sentences are transmitted to the provincial judges. Another office superintends the publication of the code, with all the changes and additions; a third oversees jails and jailers; a fourth receives the fines levied by commutation of punishments, and a fifth registers the receipts and expenditures. If the administration of the law in China at all corresponded with the equity of most of its enactments, or the caution taken to prevent collusion, malversation, and haste on the part of the judges, it would be incomparably the best governed country out of Christendom; but the painful contrast between good laws and wicked rulers is such as to show the utter impossibility of securing the due administration of justice without higher moral principles than heathenism can teach.
The yamun of the Hing Pu in the capital is the most active of all the Boards, but little is known of what goes on within its walls. Its prisoners are mostly brought from the provinces, officers of high rank arrested for malfeasance or failure, and criminals convicted or condemned there who have appealed to the highest tribunals. Few of those who enter its gates ever return through them, and their sufferings seldom end as long as they have any property left. The narrative of the horrible treatment endured by Loch and his comrades in 1860, while confined within this yamun, gives a vivid picture of their sufferings, but native prisoners are not usually kept bound and pinioned. In the rear wall of the establishment is an iron door, through which dead bodies are thrust to be carried away to burial.
8. The Kung Pu, or Board of Works, “has the government and direction of the public works throughout the Empire, together with the current expenses of the same, for the purpose of aiding the Emperor to keep all people in a state of repose. Whatever appertains to plans for buildings of wood or earth, to the forms of useful instruments, to the laws for stopping up or opening channels, and to the ordinances for constructing the mausolea and temples, are reported to this Board in order to perfect national works.” Its duties are of a miscellaneous nature, and are performed in other countries by no one department, though the plan adopted by the Chinese is not without its advantages. One bureau takes cognizance of the condition of all city walls, palaces, temples, altars, and other public structures; sits as a prize-office, and furnishes tents for his Majesty’s journeys; supplies timber for ships, and pottery and glassware for the court. A second attends to the manufacture of military stores and utensils employed in the army; sorts the pearls from the fisheries according to their value; regulates weights and measures, furnishes “death-warrants” to governors and generals; and, lastly, takes charge of arsenals, stores, camp-equipage, and other things appertaining to the army. A third department has charge of all water-ways and dikes; it also repairs and digs canals, erects bridges, oversees the banks of rivers by means of deputies stationed at posts along their course, builds vessels of war, collects tolls, mends roads, digs the sewers in Peking and cleans out its gutters, preserves ice, makes book-cases for public records, and, lastly, looks after the silks sent as taxes. The fourth of these offices confines its attention chiefly to the condition of the imperial mausolea, the erection of the sepulchres and tablets of meritorious officers buried at public expense, and the adornment of temples and palaces, as well as superintending all workmen employed by the Board.
The mint is under the direction of two vice-presidents, and the manufacture of gunpowder is specially intrusted to two great ministers. One would think, from this recital, that the functions of the Board of Works were so diverse that it would be one of the most efficient parts of government; but if the condition of forts, ports, dikes, etc., in other parts of the country corresponds to those along the coast, there is, as the Emperor once said of the army, “the appearance of going to war, but not the reality”—most of the works being on record, and suffered to remain there, except when danger threatens, or his Majesty specially orders a public work, and, what is more important, furnishes the money.
THE LÍ FAN YUEN, OR COLONIAL OFFICE.
9. The Lí Fan Yuen, or Court for the Government of Foreigners, commonly called the Colonial Office, “has the government and direction of the external foreigners, orders their emoluments and honors, appoints their visits to court, and regulates their punishments, in order to display the majesty and goodness of the state.” This is an important branch of the government, and has the superintendence of all the wandering and settled tribes in Mongolia, Cobdo, Ílí, and Koko-nor. All these are called wai fan, or ‘external foreigners,’ in distinction from the tributary tribes in Sz’chuen and Formosa, who are termed nui fan, or ‘internal foreigners.’ There are also nui í and wai í, or ‘internal and external barbarians,’ the former comprising the unsubdued mountaineers of Kweichau, and the latter the inhabitants of all foreign countries who do not choose to range themselves under the renovating influences of the Celestial Empire. The Colonial Office regulates the government of the nomads and restricts their wanderings, lest they trespass on each other’s pasture-grounds. Its officers are all Manchus and Mongols, having over them one president and two vice-presidents, Manchus, and one Mongolian vice-president appointed for life.
Besides the usual secretaries for conducting its general business, there are six departments, whose combined powers include every branch necessary for the management of these clans. The first two have jurisdiction over the numerous tribes and corps of the Inner Mongols, who are under more complete subjection than the others, and part have been placed under the control of officers in Chihlí and Shansí. The appointment of local officers, collecting taxes, allotting land to Chinese settlers, opening roads, paying salaries, arranging the marriages, retinues, visits to courts, and presents made by the princes and the review of the troops, all appertain to these two departments. The third and fourth have a similar, but less effectual control over the princes, lamas, and tribes of Outer Mongolia. At Urga reside two high ministers, organs of communication with Russia, and general overseers of the frontier. The oversight of the lama hierarchy in Mongolia is now completely under the control of this office; and in Tibet their power has been considerably abridged. The fifth department directs the actions, restrains the powers, levies the taxes, and orders the tributary visits of the Mohammedan begs in the Tien shan Nan Lu, who are quiet pretty much as they are paid by presents and flattered by honors. The sixth department regulates the penal discipline of the tributary tribes. The salaries paid the Mongolian princes are distributed according to an economical scale. A tsin wang annually receives $2,600 and twenty-five pieces of silk; a kiun wang receives about $1,666 and fifteen pieces of silk; and so on through the ranks of Beile, Beitse, Duke, etc., the last of whom gets a stipend of only $133 and four pieces of silk. The internal organization of these tribes is probably the same now as it was at first among the Scythians and Huns, and partakes of the features of the feudal and tribal system, modified by the nomadic lives they are obliged to lead. The Chinese government is endeavoring to reduce the influence and retinues of the khans and begs and elevate the people to positions of independent owners and cultivators of the soil.
THE TU-CHAH YUEN, OR CENSORATE.
10. The Tu-chah Yuen, or Censorate, i.e., ‘All-examining Court,’ is entrusted with the “care of manners and customs, the investigation of all public offices within and without the capital, the discrimination between the good and bad performance of their business, and between the depravity and uprightness of the officers employed in them; taking the lead of other censors, and uttering each his sentiments and reproofs, in order to cause officers to be diligent in attention to their daily duties, and to render the government of the Empire stable.” The Censorate, when joined with the Board of Punishments and Court of Appeal, forms a high court for the revision of criminal cases and hearing appeals from the provinces; and, in connection with the Six Boards and the Court of Representation and Appeal, makes one of the Kiu King, or ‘Nine Courts,’ which deliberate on important affairs of government.
The officers are two censors and four deputy censors, besides whom the governors, lieutenant-governors, and the governors of rivers and inland navigation are ex-officio deputy censors. A class of censors is placed over each of the Six Boards, whose duties are to supervise all their acts, to receive all public documents from the Cabinet, and after classifying them transmit them to the several courts to which they belong, and to make a semi-monthly examination of the papers entered on the archives of each court. All criminal cases in the provinces come under the oversight of the censors at the capital, and the department which superintends the affairs of the metropolis revises its municipal acts, settles the quarrels, and represses the crimes of its inhabitants. These are the duties of the Censorate, than which no part of the Chinese government has attracted more attention. The privilege of reproof given by the law to the office of censor has sometimes been exercised with remarkable candor and plainness, and many cases are recorded in history of these officers suffering for their fidelity, but such instances must be few indeed in proportion to the failures.