The Old World and Its Ways. Bryan William Jennings
the family tie, and even the family was likely to be a storm center because of the conflicting interests collected under one roof. Education was monopolized by a comparatively few, and there was no breadth to such instruction as was given. Superstition took the place of religion and the placating of the spirits of the deceased outweighed the nurture and development of those still on earth.
But a change is taking place in China such as has revolutionized Japan within the last half century. The sleeping giantess, whose drowsy eyes have so long been shut to the rays of the morning sun, is showing unmistakable signs of an awakening. There was a vitality among her people which even two thousand years of political apathy could not exhaust – a sturdiness which centuries of poverty and superstition could not entirely destroy. Increasing contact with Europe and America is having its influence, and the example of Japan is even more potent, for the people of Japan are not only neighbors, but are more like them in color and race characteristics. Let me note some of the evidences of this change.
The government, so long an absolute despotism, is about to become a constitutional monarchy. In 1898 the emperor, under the influence of some radical reformers, prepared a program almost revolutionary in its character. Recognizing that his aunt, the dowager empress, would oppose him, he prepared to put her under guard while the change was being made, but the old lady, learning of his plan, promptly took him in hand and made him a prisoner in his own palace. Since that time she has been the unquestioned ruler of the empire, the nominal emperor affixing his signature to the papers which she prepares. But so rapidly has the situation developed that she is now instituting the very reforms for the suggestion of which she so recently imprisoned her nephew. A commission of prominent officials is now abroad, some in Europe, some in America, studying the constitutions and governmental institutions of other countries. What a concession, when we remember the self-sufficiency of China, the characterization of surrounding nations as "rude tribes" and the use of the term "barbarians" to designate even those with whom she made treaties!
It is reported that the dowager-empress recently called her councilors together and asked how long it would take to establish a constitutional government. When told that it would probably require twelve or fifteen years, she replied that it must be done sooner than that as she could not hope to live much longer, and wanted it in operation before she died. Whether she appreciates the full importance of the change may be doubted, but the fact that the great nations, with the exception of Russia, have constitutions, has doubtless made its impression upon her; and Russia's defeat at the hands of the Japanese, coupled with present internal disturbances in the czar's domain, contains its lesson.
As early as 1901, a commission was appointed to examine and report on all proposed measures affecting the organization and administration of the government, and in 1904 a general assembly of the ministers of the principal boards was provided for. While these newly created bodies have no legislative power, they indicate the trend toward a more popular government. The constitution, when adopted, as it ultimately will be, will inaugurate a parliamentary system. There is, therefore, a distinct advance along governmental lines, and this in itself means much for China and for the outside world.
The criminal code is also being revised. The Hon. Wu Ting Fang, former minister to the United States and now vice-president of the board of foreign affairs, has been made a member of the board of punishments. He and Shen Chia Pen, the vice-president of the board of punishments, have by imperial decree been intrusted with the revision and codifying of the laws of China. They have established a bureau with a staff of secretaries and translators and have spent two years in the examination of the civil and criminal codes of the different countries in order to select laws which are applicable to the conditions existing in China. Ex-Minister Wu has taken a deep interest in this subject and kindly furnished me with the following list of reforms to which the imperial sanction has been secured:
1. Ling Chi, slow death by slicing to pieces, has been abolished. It was the punishment formerly prescribed for one found guilty of paricide, high treason, wilful murder of husband (the murder of husband by wife was according to Chinese law a much graver offense than the murder of wife by husband).
2. The heads of criminals were formerly exposed to the public after execution. This has also been abolished.
3. The beheading of a corpse of a criminal who died before execution is no longer permitted.
4. According to the old law, parents, relatives and friends of one convicted of serious crimes were subject to punishment; now the punishment is confined to the guilty party. (While the practice of including innocent relatives in the sentence seems barbarous in the extreme, it was, after all, not so different in principle from the practice of the western nations which in times of war inflict punishment indiscriminately upon innocent and guilty alike.)
5. The branding of criminals has been abandoned.
6. Corporal punishment of criminals is also abolished.
7. The torturing of accused persons during trial, except where the accused is charged with murder, and where the evidence of guilt is clear, has also been abolished. According to the Chinese law a person convicted of murder cannot be put to death until he confesses, and torture has been retained in a case of this kind as a means of compelling confession when the guilt has been otherwise established, but Mr. Wu expresses the hope that torture in such cases will be abolished in the near future.
The revision commission has also succeeded in obtaining an imperial decree ordering the construction of more modern prisons, requiring the inspection of prisoners and compelling humane treatment. Formerly relief from cruel treatment could only be secured by paying the official in charge.
The commission is now working upon a code of procedure and intends among other things the recommendation of a system of trial by jury, the admission of lawyers to practice in the courts and the relieving of prisoners and witnesses from the humiliating practice of kneeling in court.
In order to secure competent judges and lawyers for the carrying out of the new code, the commission has obtained the sanction of the government for the establishment of a law school at Pekin (the site has already been purchased), and the high schools and colleges of the various provinces have been instructed to add law to the curriculum of their studies.
Minister Wu called attention to other reforms which have been introduced into China within the last few years, among which may be mentioned the construction of railways, the establishment of a government board of commerce, the formation of a police force, municipal and provincial, the promulgation of incorporation laws and the establishment of mints.
At first the railroads were built by concessions issued to foreign companies, but because of the constant difficulties which grew out of such concessions, there is a growing sentiment in favor of government railroads. It was in the pursuance of this policy that the government acquired the rights of the American company which was projecting a road from Hankow to Canton. Some of the Americans residing in China have expressed regret that this road should have passed out of American hands, but I am satisfied that it is better for the United States that China should own the road than that it should be in the hands of foreigners or even in the hands of Americans. It would be impossible to operate the road without more or less friction, which would involve the countries in diplomatic controversies. If China operates the road herself, we will have equal rights with foreigners without the risks involved in private ownership. And, speaking of roads, the city of Pekin is passing through an era of street improvement. Some eleven miles of pavement have been laid within three years, and concrete sidewalks are making their appearance.
The finances of China have been in a miserable condition. Cash is the money in common use, and these brass coins, running about one thousand to the dollar, are too heavy for any excepting the smallest transactions. Think of doing business with money so heavy that you must carry a hundred pounds of money to make a ten dollar purchase. Some complained of silver in the United States because of its weight, but the silver certificates completely answered this argument, for a silver certificate is as convenient as a gold certificate and more convenient than gold coin; but in China paper money is not used among the masses. The monetary unit is called a tael and, if coined, would weigh about one and one-third times the Mexican dollar, but no coins of this denomination are in circulation. The Mexican dollar is in common use, and in some of the provinces there are fractional silver coins. But