constitution which will be dealt with later on, is an irresponsible
autocracy; its institutions are likewise autocratic in form, but
democratic in operation. The philosopher, Mencius (372-289 B.C.), placed
the people first, the gods second, and the sovereign third, in the scale
of national importance; and this classification has sunk deep into the
minds of the Chinese during more than two thousand years past. What the
people in China will not stand is injustice; at the same time they will
live contentedly under harsh laws which they have at one time or another
imposed upon themselves.

Each of the great dynasties has always begun with a Penal Code of its
own, based upon that of the outgoing dynasty, but tending to be more and
more humane in character as time goes on. The punishments in old days
were atrocious in their severity; the Penal Code of the present dynasty,
which came into force some two hundred and fifty years ago, has been
pronounced by competent judges to take a very high rank indeed. It was
introduced to replace a much harsher code which had been in operation
under the Ming dynasty, and contains the nominally immutable laws of the
empire, with such modifications and restrictions as have been authorized
from time to time by Imperial edict. Still farther back in Chinese
history, we come upon punishments of ruthless cruelty, such as might
be expected to prevail in times of lesser culture and refinement. Two
thousand years ago, the Five Punishments were--branding on the forehead,
cutting off the nose, cutting off the feet, mutilation, and death; for
the past two hundred and fifty years, these have been--beating with
the light bamboo, beating with the heavy bamboo, transportation for a
certain period, banishment to a certain distance, and death, the last
being subdivided into strangling and decapitation, according to the
gravity of the offence.