Travels in China, Containing Descriptions, Observations, and Comparisons, Made and Collected in the Course of a Short Residence at the Imperial Palace of Yuen-Min-Yuen, and on a Subsequent Journey through the Country from Pekin to CantonBarrow, John, Sir
History
Travels in China, Containing Descriptions, Observations, and Comparisons, Made and Collected in the Course of a Short Residence at the Imperial Palace of Yuen-Min-Yuen, and on a Subsequent Journey through the Country from Pekin to Canton
Barrow, John, Sir
China -- Description and travel
[24] Various accidents having happened at different times to
Chinese subjects in the port of Canton, which have generally led to
disagreeable discussions with the Chinese government, the supercargoes
of the East India Company thought proper, on a late occasion of a person
being wounded by a shot from a British ship of war, to make application
for an extract from the criminal code of laws relating to homicide, in
order to have the same translated into English, and made public. This
extract consisted of the following articles:
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.
The process of every trial for criminal offences, of which the
punishment is capital, must be transmitted to Pekin, and submitted to
the impartial eye of the supreme tribunal of justice, which affirms or
alters, according to the nature of the case. And where any peculiar
circumstances appear in favour of the accused, an order for revising the
sentence is recommended to the Emperor, who, in such cases, either
amends it himself, or directs the proceedings to be returned to the
provincial court, with the sentiments of the supreme tribunal on the
case. The proceedings are then revised, and if the circumstances are
found to apply to the suggestions of the high court, they alter or
modify their former sentence accordingly[25].
Public-domain text, read in full here on John Shaqi.
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