CHAPTER XIV.

SOME GENERAL OBSERVATIONS.

It is the business of a wise man (as our illustrious _Confutzi_

and _Menzi_ say) to seek the _conditions_ of the visible forms of

things--whether the things be those which we see, or only those which

take form in the mind. The conditions are what the Barbarians call

_laws_. We see that the use of a certain earth will enrich some soils,

and impoverish others; we examine into the cause; we try to discover

the conditions which make this difference. We know that, generally and

broadly, the elements are the same, but they are differently combined.

The Western Barbarians are of the same race with ourselves--inherently

the general nature is the same. What difference of combination of

similar elements has produced results so dissimilar?

In the mighty East, where civilization goes back into the most distant

and dim antiquity, _the laws_ which underlie organized governments

and customs, and which give form and life to communities, are very

different, and sometimes antagonistic. It is certain, therefore, that

man, really the same everywhere, has, in the course of ages, evolved

from his own and surrounding nature very different forms of social

life in the East and in the West. Man and nature radically the same,

have, in different conditions, grown and put forth very dissimilar

shapes of growth. The tree and the fruit are rooted in similar soil,

have grown in similar air, sun, and rain. Even the trees are not wholly

unlike, nor the fruit; yet, most unlike, when duly considered; and,

when regarded with a view to usefulness and to perpetuation, _one_ may

demand the axe, and the _other_ only the nice pruning-knife [quin-tse].

But a difference so great implies a different seed-germ--not

necessarily; for, from the same germ, one may have a bitter, even a

poisonous fruit, which finer culture can make sweet and healthful.

If we assume, then, the same germ, whence so great diversity? In my

poor mind, when, among the Barbarians, sad and bewildered by the

disorder, confusion, and complexity, this question tediously presented

itself--"Is man a creature of chance--is there no perfect rule?" I

would say, "Is his _growth_ fortuitous like plants, beginning with

similar germs and yet dissimilar--so, growing according to the hidden

differences and the differing circumstances? Is there no common

standard--no fixed measure--no absolute truth?" But, in my poor

thought, I also said, "The Sovereign Lord lives in his children, and

moral truth (_divine illumination_) must be. _It is simply true_,

and can be no other. Human _forms_ of social being must be measured

by it; and, however complexed and confused, _are so measured_, and

will not long exist if radically inconsistent. Yet these forms may be

bad without being wholly rootless, and grow _deformed_, strange, and

noxious."

In looking upon the disorderly and complex features of Barbarian

life, two things prominently strike my poor mind. One is, _a restless

activity_, accompanied with love of personal distinction and admiration

of strength. The other, is the singular _position of women_. To the

former, may be charged the selfish greed, the callous indifference, the

delight in forays and plunder.

To the latter, that aspect of dissolute disorder, that curious

complexity of ideas and principles, which render the whole Barbarian

Society a marvel--I liked to have said _a disgust_--to one unaccustomed

to it.

The position of women, as it affects _the family_, no doubt has an

all-pervading influence--if that position be wrong, we have, at once, a

grand source of evil.

How far the _great Superstition_, super-imposed upon the _olden_

Idolatry (dark and cruel) may have deepened the shades of Barbaric

nature, and strengthened its old admiration of force and rapine, may be

only surmised. Certain it is that the Jewish _Jah_ is not unlike the

_Odin_ of these tribes; and (as I have said) the gentle Christ-god,

himself a Jew worshipper of Jah, has been received only as subordinate;

in fact, a _Sacrifice_ by _Jah_ made to himself to appease himself! A

character, in fine, not _strong enough_ for these fierce tribes.

We have the _government and the family_ resting upon a different

basis in the West from what they rest upon in the East. In the West,

it is difficult to say if there be _any rule_ upon which either

securely reposes. In the East, the _rule_ is as clear, and as clearly

recognized, and as undoubtedly _obeyed_, as _any_ rule can be. The

existence of the Sovereign Lord is not more certainly admitted, and

his authority not more implicitly submitted to. This is the rule of

OBEDIENCE.

But aside from principles which control comprehensive forms, like the

Family and Government, there are secondary growths, usages (perhaps not

referable to any marked rule), which have had powerful influence. For

instance, the mode of trying persons suspected of Crime, appears to my

poor mind to be very fantastic and irrational. The Barbarians, however,

boast of the superiority of their way over all other tribes, ancient or

modern.

When a crime has been committed, and some one, suspected, has been

arrested, he is brought before a Judge, whose duty it is to see if

there be good reasons for the arrest. The very first thing, we should

think, would be to ask the accused to give any explanation he may

wish. Not at all; he is told to say _nothing_; for if he do it will be

recorded and may go to _his hurt_. How to his hurt unless he be guilty?

How it may be that the accused could, at once, explain everything--but

no--the officers who have made the arrest wish to work out a _theory_

of their own; and the Judge, listening to these officers, who are

uneducated, rude, and often at work for a large prize, commits the

accused to prison to be tried over again, really, at a future day,

by some other Judge. Meantime everybody who, upon the theory of the

officers, is imagined to know anything, is ordered to give security

that they will appear at the next trial, and say what they know. And

if a witness cannot give this security (frequently the case with the

poor), he is also thrust into prison. In this manner persons, who have

been so unfortunate as to be fixed upon by these ignorant officers, are

treated like the accused, and put to great inconvenience and sometimes

suffering, either in themselves, or their families, or affairs. This

goes on--the next trial is postponed, delay after delay, whilst the

officers are working out _their theory_; and finally the accused is

discharged and the witnesses also, the whole disgraceful proceeding

being a _blunder_, in which innocent people have been punished as

_criminal_, and the _Criminal_ has _escaped_! A natural and simple

examination of the accused, when first brought before the Judge, would

have saved all this loss, suffering, and shame! Such an absurdity can

only be to the advantage of the guilty!

A man may be caught under circumstances of guilt so certain that there

is no _rational_ hypothesis of innocence. Yet, with the very blood and

property of the murdered perhaps upon him, surprised, red-handed in

the very act, he will be treated as if he were merely _suspect_; _will

be cautioned to say nothing_; will have every chance and opportunity

to escape by reason of the unaccountable mode of procedure. For he is

still innocent. Such is the hypothesis; and disregarding the obvious

and simple way of asking for an explanation consistent with innocence

(when guilt would be doubly manifest), the other ridiculous hypothesis

is maintained, if possible, and the whole community and many innocent

people are afflicted and tortured with the most minute and painful

investigations (having perhaps no sort of relation to the matter), to

see if some doubt may not arise _somehow_, not as to the guilt, but as

to some parts of the case as _imagined_ to be!

Thus, _theories_ of guilt are to be established when the fact is

_patent_, if one will simply look at the proofs immediately at hand!

In this case just supposed, too, there is no trial at all of the _man_

so clearly seen to be guilty. Twelve men are convened by a sort of

inferior Judge, first to see how the dead man came to be dead--it is

certain as anything can well be! Yet this kind of Court must go through

the long, tedious, and painful inquiry, _how_ the man died. Witnesses

are dragged from home, from their pursuits, ruined may be; the whole

community horrified, and the twelve men kept from home and business,

and shocked by the most disgusting examinations of the dead! This whole

process seems rather designed to give fees and business to the petty

Judge and officers who compose this singular tribunal.

But when this _sham_ Court has got through, the accused meantime, and

the witnesses, are still awaiting the real inquiry, which may be put

off for many weeks.

When, after tedious delays, _twenty-four_ petty judges, assisted by

an officer, having made up their minds to formally charge the accused

with the crime, he is brought before a Judge, who is now for the first

time to really try the man, another curious thing occurs. The Judge

is not trusted alone to proceed--he must have twelve little Judges,

and several Lawyers, to assist him. The little judges are the JURY,

not selected for knowledge nor excellency, but any twelve men who can

be readily got. Generally they are very poor represervatives of even

the average wisdom and morality. They know nothing of law, nor of the

Court, nor are they in the least competent to undergo the complex,

tedious, and artificial _trial_ to which they are about to be put, as

well as the accused. However, the business of these twelve is _not_ to

look directly at the man and at the clear evidence against him--which

might be within even their competency--but they are sworn upon the

_Sacred Writings and by Jah_ (under severe penalties) to try the

accused according _to the Law and the evidence_. Now, the Lawyers and

the Judge determine as to the law, and the twelve men must obey them as

to _that_--the twelve, however, are to determine as to the evidence.

This means--they are to see and hear the witnesses, examine the

objects of proof (which may take many days); keep all the statements,

conflicting, confused, or other; hear all that the Lawyers may say;

watch the demeanour of the witnesses, and of the accused--and they

must take the _Case_ as presented and offered to them, however absurd

much of it may be--and, finally, after all, they are not to take _this

Evidence_ (as it is called) to judge it for _themselves_--no, they must

take it _under the direction of the Judge_. They are sworn _to try_

according to the Law and the evidence; but _evidence_ means _legal_

evidence! and the Judge (aided by the Lawyers) directs the twelve men

as to what is _evidence_. Under these conditions, one may judge as to

the usefulness of this Jury--unless as a contrivance for the torturing

of the innocent and the clearing of the guilty!

I was present and examined this matter--for from the common boast of

this excellent Jury-mode of _trial_, I wished to see with my own mind.

At length, the twelve men being confined, so that _they_ cannot escape,

in a sort of box; the Judge and the Lawyers being in their places,

attired in the absurd wigs and black gowns [phe-ty-kos] (somebody once

whispered in my ear, black-guards) [kon-di-to-ri]; the accused is

ordered to stand up. The charge of murder is read;--confused by so much

barbarous jargon, that no one but the Judge and the Lawyers understand

it--in fact, oftentimes do not understand it--and the criminal often

escapes trial because the _proper_ jargon has not been used. This

_mixed tongue_ is the only one allowed in these trials, and must be

taken from the fountain of Wisdom (as the Law book is called containing

it). The speech is uncertain, only known to the Lawyers; and a mistake

spoils the whole charge. Well, after more or less wrangling among the

Lawyers, the charge finally stands. I must explain; there are _two

sides_ of Lawyers--one (hired to do so), by _every means_ in its power

tries to get the accused discharged, and is helped to do this by all

the machinery of the trial--the other merely watches the proceedings,

and sees that they are not too absolutely controlled by the other

side. The latter, also, open and state the matter, and conduct it;

but neither side works simply to obtain the truth. On the side of

the accused, if guilty, the truth is _not_ wanted; and, on the other

side, there is no interest in the matter which greatly moves. But the

interest for the accused may be not merely to gratify, in some cases,

powerful relatives, but to obtain as large _a sum_ of money as the

Lawyers can get--which, where life is at stake, may be all the accused

has now, or may, if discharged, acquire. In fact, in cases of robbery,

the Lawyers for the accused may have received their compensation from

the very plunder!

The accused says to the charge either _Guilty_ or _Not Guilty_! This

is a mere form. Then the names of the twelve men are called over,

to see that none have got away--for it is a hateful and disgusting

business often, wherein they _instinctively_ feel they really have no

function--and yet enforced upon them, often to their actual great loss

and suffering.

How the scene fairly opens. The twelve little judges in their box;

the big one sitting aloft, with pig-tail-ear-flapper wig; the Lawyers

in pig-tail wigs and gowns; the officers of the Court; the witnesses,

cowering and afraid; the accused in his high, strong cage (or box); and

the spectators, friends, relatives, associates of the witnesses and of

the accused--women and men--crowding in the dark corners of the Hall of

trial.

The Lawyers call and examine the witnesses. These are not permitted

to tell the truth in their own way at all. They are sworn upon

the _Sacred Writings_, upon pain of penalties of the Law, and the

dreadful fear of the awful Jah and Hell, _to speak the truth, the

whole truth, and nothing but the truth_! Now, the truth which they

are to speak must be that _sort_ of truth which the Lawyers and the

Judge determine upon to hear--not by any means _that_ truth which the

witness, in his simplicity, is about to utter! Here, then, an honest

and conscientious witness is likely to be at once bewildered; but a

callous, self-possessed one, who does not intend to say one word more

than he can help, finds himself doing exactly what the Lawyers and the

Court understand by the oath--that is, to speak _for_ the one side or

the other; _not for truth_!

Consider the position of a witness, perhaps a timid woman, or an

inexperienced person, never before called upon to take the _awful

oath_, never before in such a place! Confronted, made to stand

up, _thrust_ without respect, sometimes rudely and with positive

disrespect; treated, in fact, as if a party to the crime, though

perfectly ignorant of anything excepting of some chance _link_ required

in the _theory_ of the charge--thrust forward into the gaze of the

Judge, of the whole assembly. Every eye is fastened upon the trembling

witness. She is ordered in a rough tone to hold up her hand, to take

the _oath_, _to kiss the Sacred Writings_! What with the crowd, the

novel and painful position, by this time the poor woman, when asked a

question, can scarcely speak. The old, half-deaf Judge, turns his awful

be-wigged head to her, raises his ear-flapper and says, "Speak louder,

witness; I can't hear you." An officer bawls out, "Silence!" and, not

unlikely, the poor witness fairly collapses, faints, and she is allowed

to be seated.

The Lawyers examine the witnesses, and if one begins to say something

very damaging, if possible, will interrupt him; or, by and by, will

insinuate some vile charge against him, to destroy his character with

the hearers--not that there be any truth in the insinuation, but merely

to effect the purpose of a vile _minion_ paid to defend, perhaps, a

notorious offender!

Thus the _trial_ proceeds; every effort is made on the side of the

accused (which is the active side) to mislead, to confuse, to bewilder.

The Law, read from big books, is constantly referred to, now to stop a

witness in what he is about to say; now to get something _already_ said

scratched off from the minds of the twelve men; and now to take the

opinion of the Judges as to whether this or that should, or should not,

be heard by the Jury.

All these things go on day after day, not at all because there is any

doubt as to the guilt of the accused, but because by these confused

and interminable proceedings, the Lawyers who act for him expect to

get him discharged--and discharged, declared by the twelve men to be

_not guilty_! This is the great point; for, if this occur, it does not

matter at all that the accused himself confess to the crime, _on no

account_ can he ever be arrested again for the offence! "But how, when

the proofs of guilt are present and so certain, can the Lawyers expect

to get the twelve men to go against their very senses?" To answer this

is to show the nature of the Jury system very plainly.

When all the wranglings and speeches and Law-readings of the Lawyers

have at last ended; when the Judge--who has in the course of the

trial already loaded the twelve with all sorts of instructions as

to what they are to keep in mind as _legal_ evidence, and what

they are to leave out of mind--has made a long and confused speech

(often interrupted by the Lawyers) recapitulating those parts of the

conflicting mass of evidence which, and _only_ which, _is_ evidence,

and has told them the manner in which this evidence must be applied

to the charge; has finally told them that the crime charged must be

the precise _crime_ laid down in the Law-books by that _name_, and

none other; and that having found beyond all doubt that that crime,

upon the _legal_ evidence, has been committed, then has _the accused

committed the crime_ so defined, and so proved? To be certain of this,

the accused must not only be found to have done it, but he must have

known that he was doing it--that is, he must have been sound in mind.

And if in any of these particulars there be any doubt, the accused must

be acquitted; and further, every one of the twelve must agree--if any

_one_ withhold his assent, then the prisoner cannot be declared to be

guilty!

With all these clear and simple directions (!) as to how they are

to use their minds, an officer leads the twelve into a strong-room,

and fastens them in! to consider their _verdict_ (as it is called).

Not to consider simply and directly upon the plain evidence of their

senses, and according to reason ordinarily used, but to consider _their

Verdict_--a technical, artificial affair, made by the Lawyers, and only

fit for _their_ minds--if even _they_ could do anything satisfactory to

an honest man with it!

The twelve are locked in and guarded by an officer; deprived of

food, of rest, of any recreation; perhaps already exhausted from the

hair-splitting [di-do-tzi] and intricate directions and proceedings.

They are _Sworn_ to give their verdict according to the _Law_ (first)

and the _Evidence_ (second). The evidence, however, being _all law_.

Then, too, they are to say either _Guilty_, or _not guilty_; and no

more.

Now, the Lawyer's expectation may become verified. There is no sort of

doubt in any of the twelve that the accused is a horrid wretch, and

that he is guilty. But one man has got hold of an idea, based upon

something said by the Judge, or perhaps only the suggestion of his own

mind; and think of the vanity, the stupidity, the dishonesty, the mere

indifference, the obstinacy, the excessive timidity, the weakness,

which is likely to be in each of the twelve; one man has got _his_

opinion--it is a matter of conscience. The one man is sufficient.

Nothing can move him. Hour after hour passes. Night comes on--hunger

knocks at the stomach; home is wanted; business is exacting; illness

oppresses some, lassitude and sheer exhaustion overpower others--the

one persists, only more obstinate by opposition--"The man no doubt is

guilty, but I doubt if he be guilty according to law!"

They cannot agree upon a verdict. The Judge and everybody else long

since have gone to _their_ homes and pleasures. _They_ (the twelve)

cannot escape unless they agree. To be sure, they may report to the

Judge late on the next day that they cannot agree--only, however, to

receive new directions (!), and be sent back again and kept till they

shall agree!

Human nature gives way. The one, strong and resolute, overpowers the

eleven--or, rather, there have been only a part who would not have

given over long ago. The fine maxim of English law--"_It is better that

a thousand guilty escape than that one innocent suffer_"--turns the

scale. There is a _doubt_--or something which looks like it--"let the

accused have the benefit of it!"

Now, in this scene, I am taking it for granted that the twelve are

really not dishonest--not one of them. But suppose _one_ is, in secret,

the determined friend of the accused!

Thus, the Verdict of the Jury (not the direct and honest opinion of

twelve men in a rational and ordinary use of their minds) is recorded

in the Court--_Not guilty_. And a murderer is at once discharged;

perhaps escorted with applause from the place by associates of his

evil courses. Restored to the community which doubts not his guilt,

and which has been horrified, agitated, and oppressed by its frightful

details! It will be noticed how admirably everything, in this system,

works to procure the escape of the guilty; but it must not be

overlooked that it falls with crushing weight upon the _innocent_.

Simple and direct inquiry would generally clear him at once. But

no--the _theory_ in the minds of the officers is, that this _innocency_

is a fraud; and the whole machinery works just as irrationally as

before; because, the clear evidences of innocency are disregarded--the

prisoner's guilt is unreasonably assumed (contrary to the reverse

legal maxim) _by the officers_; and the whole crushing blow of this

assumed guilt falls upon the innocent. He is thrust into prison; torn

from family, friends, human sympathy; his actual trial is put off

week after week, aye, month after month, whilst the officers hunt

for what does not exist outside of their imaginations; and, finally,

from sheer shame, the poor victim is discharged before an _actual

trial_--discharged, it may be ruined and for ever tainted with the

foul and unjust suspicion. Or, perhaps, finally _tried_, escapes after

a long, tedious and confused scene; where the officers, anxious to

convict one whom _they_ have so long assumed to be guilty, contrive

to throw just enough of suspicion upon the victim to render his life

ever after insupportable! However, he finally goes at large--ruined

by enormous expenses, health shattered by confinement in prison,

and _tainted_ in character. The victim of an absurd system--for the

verdict is, for him, irrational and cruel. If, in the other case, _not

guilty_ did not mean what the words imply--so, in this, the Jury give

a no more meaning _Verdict_. No expression of any actual opinion. No

sympathy, no regret; nothing to reinstate the unfortunate victim of

official stolidity and conceit. _Nothing_ whatever; not so much as any

compensation for loss of time and money. Meantime, during this pursuit

of the innocent, the real criminal has got safely away.

Now, this strange _Jury system_, boasted of as the _Palladium_ of

Liberty by the English Barbarians, strikes my poor mind as something

very cumbersome, irrational, and hurtful. The criminal class may

well esteem it, for it seems exactly contrived to set the criminal

at liberty, and to vex, terrify, annoy, and confuse everybody else.

Witnesses themselves often fare more hardly than the actual criminal!

and Society is shocked by needless and reiterated exposures of every

particular of dreadful things to no rational purpose--unless to give

fees to Lawyers and a host of busy officials, who live and fatten in

these horrors.

One might suspect that the whole machinery was contrived by the Lawyers

(called _criminal_) to effect their purpose--that is, to protect their

friends and supporters; the numerous men, women, and half-grown youths

swarming everywhere, and known as the _criminal class_.

Another unjust custom is when a man offends a Judge, he is not at once

brought before him for reproof and proper correction. No; for his

disrespect he is compelled to pay a _fine_ [tsig] in money which may

beggar his innocent family, or prevent his creditors from obtaining

their dues; or, _unable_ to pay, must lie in prison till it _be paid_,

or until released by the angry Judge. Thus making the innocent to

suffer! How much better in our _Flowery Land_, where disrespectful

conduct is at once reprimanded and, if the disrespect be marked,

punished on the spot, in the presence of the magistrate, and under his

paternal direction.

These may serve to illustrate usages not readily referable to any

principle. They are rooted in old customs, when general ignorance and

universal poverty made the mass one, and when simplicity and directness

were natural. They are retained now in an artificial and totally

different state of society, for no better reason than the English

Barbarians have for other abuses and enormities--_they support the

fungi which cling to them_! And the upper classes find their interests

concerned in maintaining things as they are. The lower classes, too

ignorant to see, are made to believe that nothing in human Wisdom

and experience excels these very Laws and customs! The Barbarian

stolidity, too, in the well-to-do classes, supports these singular

views as to the perfection of the Laws and system of administration.

These classes constantly mistake this _stolidity_ for solidity of

character. When an evil is unmistakable, none the less, instead of

removing it, they say, "Better bear those ills we have than fly to

others we know not of!" (Quoting from their great Shakespeare.) But

they do not stop to consider if it must necessarily follow that when

one quits one ill he flies to _another_. As if one with a sore finger

should refuse to apply any remedy to the _finger_ for fear he might

thereupon find a sore upon his leg!

Perplexed with these anomalous conditions, and by the stupid conceit

and selfish indifference--the callousness and greed of the English

Barbarians--I have wondered if, after all, these men were not of a

different kind [sty-pho]. Possibly, the Sovereign Lord and Father

of men, for wise purposes, may have created different sorts of

men. Animals of the same type differ in swiftness, in strength, in

intelligence. The Western Barbarians, though of the same type, may be

inferior to our Illustrious people in the moral and mental functions.

For some purpose in Eternal Wisdom, the Almighty Lord has given them

strength of body, energy, and an _intellect_ sharp in matters of the

_instinct_--which refers to the needs and passions of the body--thus,

calculating, ingenious in contrivance, and inordinately selfish; but

has not given them a large moral faculty, nor a broad and comprehensive

mind. _They are, therefore, incapable of improvement beyond a limited

range._

The Idolatry, and its horrible grotesqueness--the inefficacy of the

good in the character of the Christ-god, to influence the least

abatement in the passion for Force; the cold-blooded abuses, and the

confusion of error and truth, may be thus accounted for.

This, however, suggests a continuance of the evils which have fallen

upon _others_. The _All-wise_ sees where chastisement is due--and

allows the Western Barbarians their time. The offences of the East need

chastisement. The quickness, strength, and greed of the Barbarians,

unchecked by moral considerations, make them the scourge of other

distant peoples not possessing these qualities. The scourge is needed,

otherwise it would not be permitted. There is a sufficiency of morality

to prevent dissolution; and the Western tribes will no doubt fulfil

their appointed task.

Still, in their present forms, rooted in a _lower_ type of man, they

must disappear; not lost, but absorbed and blended in a better and

nobler race. In the East, I suspect this _highest_ type has always

existed. Here, from immemorial ages and ages [tang-se-yan-se] the

simple worship of the Sovereign Lord, and the divine faculty in man,

have found their best expression, and taken a fixed and steadfast root

in Government and in Society!

I may be mistaken, and it is possible that the Western tribes may be

capable of attaining to this settled order--but it must be after very

long moons and thousands of moons [lir-re-ty-sin], during which they

shall have overturned and reformed existing laws and customs.

I may refer shortly to some of the more striking of these, so curiously

and radically different from our notions in the _Central_ Kingdom, and

so erroneously conceived in respect of the DIVINE ORDER. _First._--As

to the character and worship of the Sovereign Lord of Heaven, and

Father of men. Concerning the errors in regard to the true character

and proper recognition of the Heavenly Lord, I need scarcely say more.

There are wise barbarians who do not differ from my poor thought as

to the need of an entire reformation upon this whole matter, which

underlies nearly all genuine improvement in morals, in government, and

in "Society."

_Second._--As to Government. This must be seen to exist in the

eternal order and nature of things, and not at all in any _Contract_

[Kong-phu], "social" or other. Therefore whatever name be given to its

Head, _the Function_ is as inviolable as is the Divinity from which it

comes. If this Head, however, be incapable of properly representing

the divine function, it does not therefore fail, but the nearest

_fit_, in the established order acts. The Book of Rites and the great

Council of the Illustrious, with us, see to this proper and orderly

succession. No one is born to be absolutely Head--the Book of Rites and

the Illustrious _Calao_, in our system, may see to it that the Head be

fit for the due and divine order. Therefore, no one is born by _right

of birth_ to govern, nor to make, nor to administer, laws. Wisdom and

knowledge only, may entitle their possessors to take rank among those

to whom government and administration shall be committed; and these may

be changed, degraded, exalted, and removed as they conduct themselves,

and not according to any family, nor hereditary distinction. Nor are

_Places_ created for the aggrandisement of any, continued for the

benefit of families, nor, in any case, made hereditary. Places are for

the whole, and those who fill them are placed there, in trust, for the

good of the whole, and must properly discharge the trust. They are

never for the individual--always for the State.

_Third._--As to the family. The Family being the _Prototype_ [mo-dsi]

of Government, should show the Divine order. It must be one; not a

divided, unintelligent _accident_ [phatsi]. It must have a clear

faculty, and understand its true and vital significance--for the

community is but an aggregation of families, and as these are so is the

State. Then, to have disorder there is to have disorder throughout!

There _must_, therefore, be in the Family, obedience to its head,

order, and good conduct. If there be insubordination, disorder,

immorality, disrespect, and disobedience to the natural head, then that

is a disorderly family, and those who are guilty of the disobedience,

disrespect, and disorder are _criminals_, to be corrected, restrained,

and reformed.

Woman, upon this right conception of the family, finds her proper and

her honoured place. She is subordinate, but not in any humiliating

sense; she is subordinate, because, in the very nature of her function

as woman in the economy of nature, she cannot be otherwise--she _is_

timid, defenceless, dependent. She has a right to the tender care and

protection of her male relatives; and she, on her part, is bound to be

obedient, submissive, orderly; and, upon these, affection follows.

Her children are bound to respect and to obey her, and she is bound

to have a care for them, and to respect and obey her husband as the

unquestioned centre of regard and authority. The father (and husband)

_is_ the Head of the family; there is no divided nor disputed power.

Upon _him_ rests the responsibility of due order and proper position.

From her nature and duties, the woman lives retired within her house.

If she go abroad, it will be only from necessity, and then in the most

quiet, modest, and unobstrusive way. She lives for her relatives, her

family; not to attract the admiration of others, nor with the faintest

idea that she may shine _abroad_--to be so charged would be to be

charged as _shameless_. Only by this degraded _class_, who are barely

tolerated without the city, and under the rigid supervision of the

officers of order and decorum--could such a purpose be supposed to be

thought of? She dresses with neatness, according to the established

order, but always with such modesty that nothing is offensive to the

chastest eye. She understands the range of her activity and of her

affections. It is within the circle of family and relatives. All her

accomplishments are to make her home pleasing. Duties and places are

settled. She lives for those to whom she belongs, and who also belong

to her. Her smiles are for her husband, and for her children, and her

relations. She has no thought of going abroad to shine, nor to waste

the time and money which belong to her family upon strangers. She never

dreams that she has any _mission_ which calls her away from her home.

She has no _call_ to "clothe the ragged," wash other people's dirty

children, reform evil-doers, "convert the _heathen_," nor support

"Society!" (These are some of the phrases which you will hear among the

Barbarian women).

Where women have not husbands, none the less they have relatives, and

their home is with them. They have a right to this home, and are bound

to do their duty in it, submissively, usefully, and quietly.

If the Western Barbarians would see to it that all women, married or

unmarried, were duly cared for in homes of relatives, _as of right_,

and that they also made themselves welcome there by their usefulness

and obedience, they would find an end of that agitation as _to Women's

Rights_ existing among them. Rights would be as indisputable as

duties--and the first of these would be a quiet, modest, and rational

obedience to their natural protectors, who, in turn, would be bound

to respect and protect them. And if by any strange chance a woman was

absolutely without relatives (a thing nearly impossible in our _Flowery

Land_), then the State should see to it that she had a suitable home.

The education of woman, in a well-ordered Society, is also fixed and

clear. It has immediate relation to her position and her duties.

She is from the first never disturbed in the natural order. She sees

her relatives always quiet, modest, _obedient_. She never thinks this

state of things to be wrong. She perceives the manner of female life;

its seclusion, its devotion to the family, its purpose, and end. There

is no complexity about it, no _outside_ glitter, no field for show, no

seeking for excitement and display. All her duties are at home--_her_

happiness is _there_; _there_ she is to be attractive, and there she

is to attract--the love and respect of her husband, the regard of her

relatives, the affection and obedience of her children!

So, her education needs no straining after effect. It looks directly

to her duties, to her natural function and place; and to those

accomplishments, of mind and of person, which shall enable her to

be happy with books, with music, and the like; and shall add to the

pleasures of her home.

All these things are common-place with us--so simple as to appear

trivial. Our Illustrious wives and mothers could not _understand_ the

reasons for their elaboration--they have never seen the women of the

Western Barbarians!

The position of women in the _Social_ system of the West, on the whole,

is the most remarkable thing in it.

I have made sufficiently suggestive remarks in the progress of these

_Observations_; and only now have to add a word or two upon the

_general_ effect.

It gives a wonderful life, restlessness, and colour to the whole aspect

of Barbarian life. Think of all the women in our Illustrious Land, at

once leaving their homes, the seclusion of their orderly houses and

lives, and rushing everywhere with the men, over the Land! And, not

only so, dressed in splendid gaiety of colour, and adorned with gems

and feathers, crowding into all places of amusement and of travel!

Nor this only, but showing themselves, in public places, with men,

where paintings and sculpture, and things here only seen by men alone,

are exhibited! And, often, so dressed as to cause even the man to

blush!

Why, the face of social life is completely altered. Instead of gravity,

dignity, and an undivided attention to the duties of daily life,

everything is rendered restless, confused; there seems to be no natural

order, nor scarcely natural (cultured) decorum.

But we must not be misled. Nature is too strong to be pushed aside--and

with cultivation, even though imperfect, the moral instinct lives

and saves. Habit, too, "is a second nature;" (as our divine Confutzi

says); and what would be so overwhelming, if at once done, being usual,

necessarily _has been_ subordinated to some rule--and made, at least,

tolerable.

And now, in drawing these _Observations_ to an end, perhaps, I may

add, in respect of my poor and unworthy thoughts, that if I have

said amiss, and which offends, I beg our Illustrious will pardon.

To our _Literati_, exalted in wisdom, there is but little to which

they may curiously look--but to _our people_, if any there be with

whom some discontent may have been caused by too close intimacy with

_Missionaries_ in our ports; by these let my poor _Observations_ be

studiously pondered--that they may praise the Sovereign Lord of Heaven,

who has given them to live in the _Central and Illustrious Kingdom_;

where a true morality and a true worship are known; and where due ORDER

AND PEACE, resting upon the unchangeable Heavenly order and peace, are

established!

Here, are no brutal worship of Force, and admiration of bloody

plunders. Content to the due ordering of affairs, and with peace

within, our Illustrious Realm seeks no aggrandisement, dreams of no

conquests; and _wishes to do nothing but good_. It has no fears for its

own position, nor jealousy of others. It is simply calm, strong, wise,

and self-poised. It demands no more from others abroad than that it may

peacefully live; and _be treated with that respect which it accords to

those who practise moderation and virtue_.

FINIS.

Barrett, Sons & Co., Printers, 21, Seething Lane, London, E.C.

Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English made during the residence of some years in those parts. · 第 14 / 14 章