Han dynasty (221 B.C. to A.D. 221) which followed it, the Empire expanded until it embraced almost all the territory now known as China Proper (the Eighteen Provinces of Manchu times). To these were add-ed in order between 194 B.C. and A.D. 1414: Corea, Sinkiang (the New Territory or Eastern Turkestan), Manchuria, Formosa, Tibet, and Mongolia--Formosa and Corea being annexed by Japan in 1895 and 1910 respectively. Numerous other extra-China countries and islands, acquired and lost during the long course of Chinese history (at one time, from 73 to 48 B.C., "all Asia from Japan to the Caspian Sea was tributary to the Middle Kingdom,"
i.e. China), it is not necessary to mention here. During the Southern Sung dynasty (1127-1280) the Tartars owned the northern half of China, as far Page 28down as the Yangtzu River, and in the Yuan dynasty (1280-1368) they conquered the whole country. During the period 1644-1912 it was in the possession of the Manchus. At present the five chief component peoples of China are represented in the striped national flag (from the top downward) by red (Manchus), yellow (Chinese), blue (Mongolians), white (Mohammedans), and black (Tibetans). This flag was adopted on the establishment of the Republic in 1912, and supplanted the triangular Dragon flag previously in use. By this time the population--which had varied considerably at different periods owing to war, famine, and pestilence--had increased to about 400,000,000. General Government The general division of the nation was into the King and the People, The former was regarded as appointed by the will of Heaven and as the parent of the latter. Besides being king, he was also law-giver, commander-in-chief of the armies, high priest, and master of ceremonies. The people were divided into four classes: (1) Shih, Officers (later Scholars), consisting of Ch'en, Officials (a few of whom were ennobled), and Shen Shih, Gentry; (2) Nung, Agriculturists; (3) Kung, Artisans; and (4) Shang, Merchants. For administrative purposes there were at the seat of central government (which, first at P'ing-yang--in modern Shansi--was moved eleven times during the Feudal Period, and was finally at Yin) ministers, or ministers and a hierarchy of officials, the country being divided into provinces, varying in number from nine in the earliest times to thirty-six under the First Emperor, 221 B.C., and finally twenty-two at the present day. At first these Page 29provinces contained states, which were models of the central state, the ruler's 'Middle Kingdom.' The provincial administration was in the hands of twelve Pastors or Lord-Lieutenants. They were the chiefs of all the nobles in a province. Civil and military offices were not differentiated. The feudal lords or princes of states often resided at the king's court, officers of that court being also sent forth as princes of states. The king was the source of legislation and administered justice. The princes in their several states had the power of rewards and punishments. Revenue was derived from a tithe on the land, from the income of artisans, merchants, fishermen, foresters, and from the tribute brought by savage tribes. The general structure and principles of this system of administration remained the same, with few variations, down to the end of the Monarchical Period in 1912. At the end of that period we find the emperor still considered as of divine descent, still the head of the civil, legislative, military, ecclesiastical, and ceremonial administration, with the nation still divided into the same four classes. The chief ministries at the capital, Peking, could in most cases trace their descent from their prototypes of feudal times, and the principal 7 provincial administrative officials--the Governor-General or Viceroy, governor, provincial treasurer, judge, etc.--had similarly a pedigree running back to offices then existing--a continuous duration of adherence to type which is probably unique. Appointment to office was at first by selection, followed by an examination to test proficiency; later was introduced the system of public competitive literary examinations for office, fully organized in the seventeenth century, and abolished in 1903, when official positions were thrown open to the graduates of colleges established on a modern basis. Page 30 In 1912, on the overthrow of the Manchu monarchy, China became a republic, with an elected President, and a Parliament consisting of a Senate and House of Representatives. The various government departments were reorganized on Western lines, and a large number of new offices instituted. Up to the present year the Law of the Constitution, owing to political dissension between the North and the South, has not been put into force. Laws Chinese law, like primitive law generally, was not instituted in order to ensure justice between man and man; its object was to enforce subordination of the ruled to the ruler. The laws were punitive and vindictive rather than reformatory or remedial, criminal rather than civil. Punishments were cruel: branding, cutting off the nose, the legs at the knees, castration, and death, the latter not necessarily, or indeed ordinarily, for taking life. They included in some cases punishment of the family, the clan, and the neighbours of the offender. The lex talionis was in full force. Nevertheless, in spite of the harsh nature of the punishments, possibly adapted, more or less, to a harsh state of society, though the "proper end of punishments"--to "make an end of punishing"--was missed, the Chinese evolved a series of excellent legal codes. This series began with the revision of King Mu's Punishments in 950 B.C., the first regular code being issued in 650 B.C., and ended with the well-known Ta Ch'ing lu li (Laws and Statutes of the Great Ch'ing Dynasty), issued in A.D. 1647. Of these codes the great exemplar was the Law Classic drawn up by Li K'uei (Li K'uei fa ching), a statesman in the service of the first ruler of the Wei Page 31State, in the fourth century B.C. The Ta Ch'ing lu li has been highly praised by competent judges. Originally it sanctioned only two kinds of punishment, death and flogging, but others were in use, and the barbarous ling ch'ih, 'lingering death' or 'slicing to pieces,' invented about A.D. 1000 and abolished in 1905, was inflicted for high treason, parricide, on women who killed their husbands, and murderers of three persons of one family. In fact, until some first-hand knowledge of Western systems and procedure was obtained, the vindictive as opposed to the reformatory idea of punishments continued to obtain in China down to quite recent years, and has not yet entirely disappeared. Though the crueller forms of punishment had been legally abolished, they continued to be used in many parts. Having been joint judge at Chinese trials at which, in spite of my protests, prisoners were hung up by their thumbs and made to kneel on chains in order to extort confession (without which no accused person could be punished), I can testify that the true meaning of the "proper end of punishments" had no more entered into the Chinese mind at the close of the monarchical regime than it had 4000 years before. As a result of the reform movement into which China was forced as an alternative to foreign domination toward the end of the Manchu Period, but chiefly owing to the bait held out by Western Powers, that extraterritoriality would be abolished when China had reformed her judicial system, a new Provisional Criminal Code was published. It substituted death by hanging or strangulation for decapitation, and imprisonment for various lengths of time for bambooing. It was adopted in large measure by the Republican regime, and is the chief legal Page 32instrument in use at the present time. But close examination reveals the fact that it is almost an exact copy of the Japanese penal code, which in turn was modelled upon that of Germany. It is, in fact, a Western code imitated, and as it stands is quite out of harmony with present conditions in China. It will have to be modified and recast to be a suitable, just, and practicable national legal instrument for the Chinese people. Moreover, it is frequently overridden in a high-handed manner by the police, who often keep a person acquitted by the Courts of Justice in custody until they have 'squeezed' him of all they can hope to get out of him. And it is noteworthy that, though provision was made in the Draft Code for trial by jury, this provision never went into effect; and the slavish imitation of alien methods is shown by the curiously inconsistent reason given--that "the fact that jury trials have been abolished in Japan is indicative of the inadvisability of transplanting this Western institution into China!" Local Government The central administration being a far-flung network of officialdom, there was hardly any room for local government apart from it. We find it only in the village elder and those associated with him, who took up what government was necessary where the jurisdic-tion of the unit of the central administration--the district magistracy--ceased, or at least did not concern itself in meddling much. Military System The peace-loving agricultural settlers in early China had at first no army. When occasion arose, all the Page 33farmers exchanged 8 their ploughshares for swords and bows and arrows, and went forth to fight. In the intervals between the harvests, when the fields were clear, they held manoeuvres and practised the arts of warfare. The king, who had his Six Armies, under the Six High Nobles, forming the royal military force, led the troops in person, accompanied by the spirit-tablets of his ancestors and of the gods of the land and grain. Chariots, drawn by four horses and containing soldiers armed with spears and javelins and archers, were much in use. A thousand chariots was the regular force. Warriors wore buskins on their legs,
