entitles them to the highest authority; the intellectual condition of the Chinese must be a subject of more curious investigation than the best of our recent accounts would lead us to believe.

The elements of literature, by which we suppose is meant the art of reading the easiest and most simple characters, are almost universally diffused among the natives; and this accomplishment is fostered and rewarded, by an infinite multitude of publications, upon all subjects but those connected with the government of the country, and particularly in the departments of poetry and the belles lettres. These works are multiplied by a clumsy species of printing, which has been practised among them for time immemorial; and every considerable city contains various booksellers' shops, where a great variety of publications may always be purchased.

The extreme difficulty of the written language is acknowledged by sir George Staunton; and, unfortunately, this difficulty increases pretty nearly in the same proportion with the merit of their works of poetry and eloquence. In compositions which have nothing to do with words, all the beauties of versification, rythm, and every thing that is called style in other languages, is of course out of the question. Their poetry does not consist of verses, nor their oratory of periods; but both are distinguished from the pictures of their ordinary thoughts by the use of less obvious and more ingenious metaphors, and by a selection of characters, the elementary parts of which present a series of pleasing ideas, though the signification of the whole may not be different from that of some ordinary character. Compositions of this kind do not, of course, admit of translation; and, as the genius of the language rejects the aid of common particles of connexion, and presents merely a string of detached images, the relations of

which the reader is left to find from their intrinsick qualities, it is easy to conceive how infinitely laborious the task must be, of decyphering their more elaborate and ornamental compositions. We learn, accordingly, from sir George Staunton, that one of the missionaries, who was most thoroughly acquainted with the language, and was highly distinguished among the Chinese themselves for proficiency in their literature, declared, that he should never have been able to read or translate a celebrated, imperial poem, which he entitles "Eloge De Mougden," without referring, occasionally, to a previous translation of it into the language of the Manchoo Tartars.

The elementary books of the laws, however, the translator assures us, are composed in a much simpler style; and, being intended for the perusal of the whole body of the people, consist, almost entirely, of the easiest and most simple characters. This circumstance, joined to their great importance in illustrating the character and condition of the peo ple, recommended them, in a peculiar manner, as a subject for translation, and as calculated to afford a safe and satisfactory specimen, both of Chinese composition and of Chinese legislation.

As sir George Staunton considers it (upon grounds which we hope he will hereafter elucidate more fully) as one of the facts most incontestably proved in history, that the Chinese were united under a regular government, and in no low state of civilisation, at least as early as the third century before our era, it might have been expected that, among a people so tenacious of old usages, their fundamental, penal code should have been deduced from a very remote antiquity. Their great love of their ancestors, however, gives place, it seems, to their greater love for their reigning emperour; and, on the accession of every new dynasty, it is the custom to make a sort of

redaction, or new edition of the subsisting statutes, which takes the name of the reigning family, and forms the Leu, or fundamental code, during the subsistence of that race; all the additional statutes being subjoined in a subordinate form, as supplementary clauses of explanation or commentary, called Lee, to this immutable text Upon the accession of a new dynasty, such parts, both of text and supplement, as are approved of, are incorporated into a new text, which takes the name of that family, and receives successive increments in the form of Lee, during all the period that it possesses the sovereignty. The present dynasty is that of Tsing, which ascended the throne only in the year 1644; and the date of the present fundamental code cannot, therefore, be quite so ancient. This, however, it is obvious, is only true of its present form and arrangement, or rather of its authoritative publication under that form; for, in a nation where the veneration for antiquity and established usage is so strong as to form the chief security of the government, and the chief obstacle to improvement among the people, it is impossible not to conclude, that by far the greater part of the code thus promulgated, would consist of the identical precepts and regulations which had been enforced, from time immemorial, among this unchanging people. The earliest compilation of which sir George Staunton has procured any authentick intelligence, is ascribed to a worthy of the name of Lee-Quee, who is supposed to have lived about 250 years hefore Christ, and who does not appear to have been the author of any of the laws which he collected. The greater part of the present code, sir George supposes to be at least as old as the time now mentioned; and much of it, he thinks, may be reasonably presumed to be far more ancient. It is peculiarly uncomfortable, however, to be left to conjecture upon

a point of this nature; as, even though we were assured that ninetenths of the whole work was of very great antiquity, it is impossible to be quite certain that this is the case as to any particular regulation or prescription, the antiquity of which might lead to the most interesting conclusions. There are some laws, in particular, that bear so remarkable an affinity to modern European institutions, that it would be very desirable to know with certainty that they had been very anciently enacted among the antipodes.

To have translated the whole Leu Lee, that is, the fundamental text, and all the supplementary clauses, would, it seems, have rendered the work far too voluminous. Sir George Staunton has, therefore, given only the former in the body of the work, marking, at the end of every section, how many Lee, or additional clauses, are subjoined to it in the original, and engrossing such of them as appear curious or important, in an appendix, which contains a great number of other valuable elucidations.

Our readers, we suppose, would not thank us for an exact account of the divisions, books, and sections of this Chinese code, with a mere list of their titles, and of the subjects of which they treat. It will probably suit their purpose better, if we endeavour, in the first place, to point out what struck us as most remarkable in the general character of the work, and then specify such of its enactments as appear to us to throw any valuable light on the genius and condition of the people, or on the nature of their peculiar institutions.

And here we will confess, that by far the most remarkable thing in this code, appeared to us to be its great reasonableness, clearness, and consistency; the business-like brevity and directness of the various provisions, and the plainness and moderation of the language in which they are expressed. There is nothing,

here, of the monstrous verbiage of most other Asiatick productions; none of the superstitious deliration, the miserable incoherence, the tremendous non sequiturs and eternal repetitions of those oracular performances; nothing even of the turgid adulation, the accumulated epithets, and fatiguing self praise of other eastern despotisms; but a calm, concise, and distinct series of enactments, savouring, throughout, of practical judgment and European good sense, and, if not always conformable to our improved notions of expediency in this country, in general approaching to them more nearly than the codes of most other nations. When we pass, indeed, from the ravings of the Zendavesta, or the Puranas, to the tone of sense and of business of this Chinese collection, we seem to be passing from darkness to light; from the drivelings of dotage to the exercises of an improved understanding. And, redundant and absurdly minute as these laws are, in many particulars, we scarcely know any European code that is at once so copious and so consistent, or that is nearly so free from intricacy, bigotry, and fiction. In every thing relating to political freedom or individual independence, it is, indeed, wofully defective; but, for the repression of disorder, and the gentle coercion of a vast population, it appears to us to be, in general, equally mild and efficacious. The state of society for which it was formed appears, incidentally, to be a low and a wretched state of society; but we do not know that wiser means could have been devised for maintaining it in peace and tranquillity.

To justify what we have said of the European reasonableness of the Chinese official style, we shall here lay before our readers a few sentences from a singular state paper, or edict, of the late emperour KienLung, which is translated by sir George Staunton, in his appendix. This is a sort of valedictory address

to his people, published by that ce lebrated monarch a year or two after he had resigned the sceptre to his son, and when the increasing infirmities of extreme old age began to give intimation of his approaching end. The reasonableness, mildness, and simplicity of this extraordinary paper, is rather greater than we should expect from any of our European secretaries of state; and has in it more of a gentle and paternal tone than we should have looked for from a veteran despot.

"When the administration of this em

pire was committed to our charge, we, indeed, beheld before us a task of serious difficulty; but we were rendered thereby, only more earnest and solicitous in avoiding all deviation from the strict line of conduct we had prescribed to ourselves tended domains, shared equally our attenAll parts of our various and widely extion; and frequently, during the darkness of the night, as well as at the middle hour of the day, we have attended, unconscious of fatigue, in the councils of our ministers, for the purpose of communicating our decisions. on their reports, and of issuing new ordinances for the publick weal, that thus no day might be permitted to pass away, without having been duly filled and employed."

"Thus, during the long and eventful period of our reign, the weighty affairs of government have been the objects of our with the critical importance of the charge, constant regard; and, deeply impressed we never ventured to pronounce the objects of government to have been so completely attained, or the peace of the empire so immutably established, as to admit of our relaxing our efforts, or indulging in repose.

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Ultimately, however, we recalled to our recollection the mental prayer which we had addressed to the Supreme Being on our accession to the imperial dignity, and in which we had made a solemn inti

mation of our intention to resign, to our son and successour, the sovereignty of the realm, if the Divine Will should grant to our reign a sixty years continuance; forasmuch as we were unwilling to ex ceed, in any case, the duration of our imperial grandfather's government."

"Accordingly, on the first day of the year Ping-shin, we transferred to our son, the present emperour, the seals of the sovereign authority, reserving to ourself

the title of MOST HIGH EMPEROUR, as a distinctive appellation; thus accomplishing, the end, what, in our solemn invocation to Heaven, we had originally proposed."

"We have already attained the eighty ninth year of our age. Therefore but a few short years are wanting to complete the utmost period of longevity. It then only further behoves us reverently to employ the remaining days of our life, and pa

tiently to await the hour which is to conclude it."

"Shortly after we had received the congratulations of our ministers, in the hall of audience in the palace of Kan-tsing kung, on the first day of the new year, our appetite wholly failed us; we are now also sensible that our faculties of sight and hearing are declining apace.

"The emperour, our son, has, indeed, been piously engaged in procuring medical assistance, and assiduously attentive in seeking the means most likely to conduce to our recovery; but we feel that at our advanced period of life, medicine can prove of very little avail, and, therefore, make this preparation previous to the last mortal paroxysm of disease. After a long succession of years, we are about to close a reign sustained with caution and assiduity, and invariably favoured by the distinguished protection of Heaven, and of our ancestors. We are now about to resign for ever the administration of this empire;

but shall leave it in the hands of the em

perour, our son, whose eminent abilities and pious dispositions are in every respect, conformable to our wishes, and will, doubtless, ensure to him a felicity like ours in his future undertakings; an idea which furnishes us with the most grateful consolation." p 482.

The next thing that strikes us as remarkable in this collection, is the excessive and unprofitable accuracy and minuteness of its regulations; the constant desire to regulate every thing whatever; to interfere in every action; and to fix immutably, beforehand, the effect of every shade of distinction which a case may receive from its circumstances. Thus, the foundation of the whole code is laid in fixing a scale of punishments, rising through twenty degrees, from ten blows with the bamboo to 100 blows; to sixty blows, with banishment for one year to the distance of

150 miles; to 100 blows, and perpetual banishment to the distance of 1500 miles; to death, by strangling, by decollation, or by torture; and in case of any offence, the legal punishment is directed to be increased or diminished by a certain number of those degrees, according to the circumstances of aggravation or palliation by which it may be attended. In like manner, the punishment of theft is made to vary, according to the value of the thing stolen, from ten blows with the bamboo, to death by strangling; and all the considerations of stealing under trust, or from the publick, or from relations, are made to aggravate or diminish the punishment by a certain number of those degrees. Besides all this, almost all the actions of a man's life are subjected to the control of the government; and its penal sanctions are incurred for improprieties of the most domestick nature, and even for the most innocent transactions, if entered into without its special license. Thus, a man is severely punished for marrying while his parents are in prison, or within three years after their death, or for neglecting to pay honour to their sepulchres; and also for acting as a commercial agent, or even for killing his own oxen, without a written permission from the magistrate; for dressing himself in an unsuitable manner; for allowing his lands to lie waste, or neglecting to pay interest for borrowed money. Now, this extraordinary minuteness and oppressive interference with the freedom of private conduct, is not to be considered merely as arising from that passion for governing too much, which is apt to infest all persons in possession of absolute power; but appears to us to indicate a certain stage in the progress of society, and to belong to a period of civilisation, beyond which the Chinese have not yet been permitted to advance.

The first efforts of legislation, in all countries, are very short and ge