Tar Civil Code of China is well worthy of attention as, unless it is studied not only in its theoretical idea, but in its practical and daily working, we can form no correct or adequate notion of the relations that really exist between the governors and the governed. The laws which regulate hereditary succession are of the: first importance, a8 we know that the fashion of a life is largely influenced by the rales Laid down on this point. It has been the custom to speak of China as a land in' which honours and dignities are not transmitted from "sire to son;" yet this is toa certain extent. popular fallacy, highly usefal when a case is to be made out in favour of. "life peerages," but hardly strong enough to bear the actual test of comparison with the existing order of things. For as Sir George Staunton points out, there' are, in the Middle Kingdom, eight pri" vileged classes, The first includes the relations and connections of the Em-. peror; the second comprehends all those servants of the Crown, who are distinguished for their long and faithfal service; the third includes those who are illustrious for their actions; the fourth class comprehends those who are eminent for their wisdom and virtue; the fifth includes those who possess at abilities; the sixth includes those who by day and by night, are zealously and assiduously engaged the performance of their Civil and Military duties; the seventh consists of the nobility, which includes all porsors of the first rank, and those of second. and third who are in any Civil or Military command; the eighth includes the second and third generations of those who have been disti d for their wisdom and eminent services.
Now itis idle, when we seo institutions like this existing in the country, say that hereditary rank is unknown; and indeed the civil code provides for the succession by ordaining that ever, officer whose rank and title are here tary, shall be succeeded in them by his principal wife's eldest son or by his legal representative; and it is raled that, if such son and his representative tre deceased or incapacitated to succeed, the son next in age or his repre-all be called to the success no such sons or representatives, the sons of the other wives and their legal representatives shall, according to seniority, be entitied to the succession. Violations of rules are severely punished.
plain that a man who writes about China should keep these distinct provisions fally in mind; and the more they are studied and considered the more we shall see how acertain shrewd-not a broad political insight, originally dictated the enactment, Bat if we are pleased with one piece of legislation here and there, in the verbose and extensive code, we are struck by the amazing discrepancies between theory and practice in others. There is one axiom repeatedly insisted on viz: the appointment and removal of officers depend on the authority of the Emperor. Thus, if any great officer of state presume to confer any appoint ment on his own authority, he incurs the danger of losing his head, This role is virtually a nullity, for we see ro-peated instances of the- Governors of the provinces filling up vacancies, If the law were rigidly read according to the letter, these breaches of duty would be punished with great severity; as it is, the difficalty is got ov like similar difficulties in more ed. lands, by that most convenient of all contrivances a "legal fiction." The vacancies are all supposed to be filled up by the Emperor, though the ver-million pencil has never written the nomic of-the man who is put. into
Text read from the printed page and cleaned; old type leaves the occasional error.