The Continental Monthly, Vol. 4, No. 5, November, 1863Various
History
The Continental Monthly, Vol. 4, No. 5, November, 1863
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
With feelings of mutual mistrust and hostility, commerce was long
conducted by Europeans and Chinese at Canton. The question of foreign
exemption from local jurisdiction only came up for discussion in cases
of homicide; but in every instance the Chinese insisted on their right
to punish the murderer. Foreign resistance to the claim was based only
on the unwillingness of the Chinese to distinguish between killing by
accident, in self-defence, or from malice. In the Chinese code such
distinctions exist; but life for life was the inexorable demand when a
native was slain by a foreigner; it was not, however, so much jealousy
of foreign jurisdiction, as a desire of revenge, that actuated them, as
was shown on many occasions. Whenever foreigners tried and executed one
of their number for a murder of a Chinaman, the mandarins and people
were satisfied. It was the practice of the local authorities to make a
representation to the emperor to the effect that such trials and
executions were in obedience to their orders, the foreigners being their
submissive agents. The real difficulties occurred when an accidental or
extenuating homicide took place, or where there was insufficient proof
of the guilt of the accused. The condign punishment of those convicted
did not meet the requirements of the Chinese authorities. They seized,
and held as hostages, countrymen of the murderer, and demanded blood for
blood, seeking not justice but revenge. The object was explicitly
expressed by the emperor Kienlung, in an edict (1749): 'It is incumbent
to have life for life, in order to frighten and repress the foreigner.'
Four years subsequent to the issuing of the edict of Kienlung, the
Canton local government memorialized the emperor to disallow to
foreigners the privilege of appeal, when sentenced to death. Except in
times of insurrection no Chinaman can be executed until his death
warrant is signed by the emperor. In compliance with that memorial,
foreigners, guilty of homicide, were outlawed. It was formally announced
that 'The barbarians are like beasts, and not to be ruled on the same
principles as citizens. Were any to attempt controlling them by the
great maxim of reason, it would tend to nothing but confusion. The
ancient kings well understood this, and accordingly ruled barbarians by
misrule. Therefore, to rule barbarians by misrule is the true way of
ruling them.' It suited the purpose of European residents at Canton to
descant upon the arrogance and inhumanity of the Chinese, as manifested
by proceedings based upon those hostile edicts, while the provocations
which explained and extenuated them were studiously concealed.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account