but more especially in introducing, and subsequently promoting the practice in China, of Dr. Jenner's invaluable discovery of the vaccine innoculation.-In 1805, the Author had the satisfaction of translating into Chinese a small tract on the subject, written for the express purpose by Mr. Pearson; and it was immediately, with the usual liberality of the East-India Company, printed and very extensively circulated gratis among the natives at Canton, at their expence→ With this assistance, and under Mr. Pearson's superintending direction, the practice of the vaccine innoculation was soon very generally understood, and adopted in the neighbourhood; and the Chinese became so sensible of its value, that they themselves formed a society for its encouragement and preservation.

The merits of the Rev. Dr. Morrison are too well known to require any eulogium here.-His invaluable Dictionaries, Grammars, and other works, for aiding the student in the acquisition of the Chinese language, have produced altogether a new era, in respect to this branch of literature; and have, for the first time, rendered an examination of all its treasures, in the original language, an object of very possible attainment by the learned and studious in this country.

Mr. Manning has not yet favored the public with the fruits of his researches into the literature and institutions of China, and of the other interesting and almost unknown regions of the East, in which he has travelled: but they are looked for with great impatience by his friends, and indeed by all persons, who are aware of his eminent talents, and early reputation in other branches of knowledge.

IV.

REMARKS

ON A RECENT DISPUTE

BETWEEN

The Americans and the Chinese.

SINCE the foregoing pages were written, the particulars have been received of a recent dispute between the Americans and the Chinese, at Canton; which establish very clearly two points of some importance to the question which has been discussed at length in the latter part of this volume: namely, first, that the Chinese government holds the entire trade of each nation responsible for the conduct of the individuals of that nation, exactly in the same manner and degree, when the trade is carried on by a number of unconnected individuals, as it does when it is carried on under the control of one corporate company-secondly, that a policy in many respects opposite to that which the English at present adopt in China, in cases of homicide, does not conduce to a satisfactory issue.

It appears that on the 23rd of September last, an Italian sailor of the name of Terranova, serving on board of an American vessel at anchor, at Whampoa, threw an earthen-ware jar from the ship, at or towards a Chinese woman, who was selling fruit and vegetables in a small boat along-side; and that the jar having unfortunately struck her on the head, she fell out of the boat and was drowned.

It was evidently very difficult in such a case to determine what degree of blame was imputable to the sailor: he might have been altogether free from any evil intention; and even under the most unfavorable construction of his conduct, it seems quite impossible to suppose him to have been guilty of an act of deliberate murder.

It is altogether a mistake to suppose that the Chinese law in such cases makes no distinctions, or that it invariably requires blood for blood, as the Edicts addressed by the government to foreigners insinuate.

The Chinese law not only remits the punishment of death in cases of accident, but defines these cases with considerable accuracy in the following manner:- :

"All persons who kill or wound others purely by, accident, shall be permitted to redeem themselves from the punishment of killing or wounding in an affray, by, the payment in each case of a fine to the family of the person deceased or wounded.

"By a case of pure accident, is understood a case of which no sufficient previous warning could have. been given, either directly, by the perception of sight and hearing, or indirectly, by the inferences drawn by judgment and reflection; as for instance, when lawfully pursuing and shooting wild animals, when for some purpose throwing a brick or a tile, and in either case unexpectedly killing any person; when after ascending high places, slipping and falling down, so as to chance to hurt a comrade or by-stander; when sailing in a ship or other vessel, and driven involuntarily by the winds; when riding on a horse, or in a carriage, being ›

unable, upon the animal or animals taking fright, to stop or to govern them; or, lastly, when several persons jointly attempt to raise a great weight, the strength of one of them failing, so that the weight falls on, and kills or injures one of his fellow labourers :-in all these cases, there could have been no previous thought or intention of doing any injury, and therefore the law permits such persons to redeem themselves from the punishment provided for killing or wounding in an affray, by a fine (about £4 sterling) to be paid to the family of the deceased or wounded person, which fine will in the former instance be applicable to the purpose of defraying the expences attending the burial, and in the latter, to that of procuring medicines and medical assistance. p. 314, 315.

By shaping the charges against the English seaman in 1807, conformably to the foregoing provisions, the Chinese local government released themselves from the necessity of insisting on the surrender of his person for trial, and at length obtained the emperor's confirmation of their sentence of final dismissal. A similar termination, effected by the same means, would undoubtedly have been extremely desirable in the case of the unfortunate sailor Terranova: but even if this could not have been accomplished, it by no means follows, according to the ordinary administration of the Chinese Laws, that he should suffer death. A case, apparently of a much stronger nature occurred within the author's recollection; in which the offender, who was a native of the lowest class, and therefore of course without money, or other means of influence, was ulti

mately sentenced to only three years banishment from his native province. He had struck a person in a quarrel in the street, and the blow was so severe that it proved fatal almost immediately.

In fact, the Chinese law, like ours, recognises different degrees of culpable homicide; and although it professes to punish both murder and manslaughter with death, it distinguishes between them, by annexing the more ignominious sentence of beheading in the one case, and that of strangling, (by which the body is not mutilated) in the other. When there are no circumstances of peculiar aggravation, the sentence is usually mitigated in practice one degree; and thus the murderer, only, suffers death by being strangled; and the offender guilty of manslaughter is banished.

The Law on the subject is as follows:

All persons guilty of killing in an affray; that is to say, striking in a quarrel or affray so as to kill, though without any express or implied design to kill, shall, whether the blow was struck with the hand or the foot, a metal weapon, or with any instrument of any kind, suffer death by being strangled, after the usual period of confinement.

"All persons guilty of killing with an intent to kill, shall suffer death by being beheaded, after being confined the usual period.

"When several persons contrive an affray, in the course of which an individual is killed, the person who inflicts the severest blow or wound, shall be strangled, after the usual period of confinement."

p. 311.

It is to be noted, that the words "After the usual period of confinement," are carefully annexed to each