Office of the Historian

No. 184.
Mr. Evarts to Mr. Yung Wing.

Department of State,
Washington, February 17, 1880.

Sir: In a recent dispatch to this Department in relation to the emigration of Chinese subjects from their own land to other countries, one of the United States consuls in China transmitted for the information of the Department what purports to be a transcript of section cclv of the penal code of China, as translated by Sir George Thomas Staunton, F. R. S., an English baronet, whose translation is reputed to be the only one known. The law referred to is in relation to the vicarious punishment to be inflicted upon the relatives of a Chinaman who may renounce his country and allegiance, and it may therefore be of interest to this government, in connection with the large Chinese immigration on our Pacific coast, to be conversant with the nature of this among the other Chinese statutes touching the general subject.

I have the honor, therefore, to inclose herewith a copy of the translated law as received from the consul, and to inquire whether the same correctly represents the law, and whether it is understood to be now in’ force in all or any part of the dominions of His Imperial Majesty.

Accept, &c.,

WM. M. EVARTS.
[Inclosure.]

Penal Code of China: translated by Sir George Thomas Staunton, Bart., F. R. S. [Extract]. Section CCLV. Renunciation of allegiance.

All persons renouncing their country and allegiance, or devising the means thereof, shall be beheaded; and in the punishment of this offense no distinction shall be made between principals and accessories.

The property of all such criminals shall be confiscated, and their wives and children distributed as slaves to the great officers of state. Those females, however, with whom a marriage had not been completed, though adjusted by contract, shall not suffer under this law; from the penalties of this law, exception shall also be made in favor of all such daughters of criminals as shall have been married into other families. The parents, grandparents, brothers, and grandchildren of such criminals, whether habitually living with them under the same roof or not, shall be perpetually banished to the distance of 2,000 li.

All those who purposely conceal and connive at the perpetration of this crime shall be strangled.

Those who inform against and bring to justice criminals of this description shall be rewarded with the whole of their property.

Those who are privy to the perpetration of this crime and yet omit to give any notice or information thereof to the magistrates shall be punished with 100 blows, and banished perpetually to the distance of 3,000 li.

If the crime is contrived, but not executed, the principal shall be strangled and all the accessories shall each of them be punished with 100 blows and perpetual banishment to the distance of 3,000 li.

If those who are privy to such ineffective contrivance do not give due notice and information thereof to the magistrates, they shall be punished with 100 blows and banished for three years.

All persons who refuse to surrender themselves to the magistrates when required, and seek concealment in mountains and desert places in order to evade either the performance of their duty or the punishment due to their crimes, shall be held guilty of an in-tent to rebel, and shall therefore suffer punishment in the manner by this law provided. [Page 302] If such persons have recourse to violence and defend themselves when pursued, by force of arms, they shall he held guilty of an overt act of rebellion, and punished accordingly.