native merchants and capitalists, to invest in enterprises carried on by foreign companies. Companies were started with native capital, under purely native management, for the working of coal, copper, and other mines. The numerous projects started in this speculative period include also gold and silver mining, and paper, glass, and cotton manufactories. Chinese capital was invested even in remote enterprises carried on by foreigners in Perak, North Borneo, Selangor, and Colorado, and much of it was consequently lost. Navigation. The movement of shipping in Chinese ports is shown in the following table, which gives the number and tonnage of the vessels arriving and of those sailing under each flag, added together: British German American French.. FLAG. Japanese.. Chinese.. Total... 1881. 103 227 6,297 4,767,183 642 266,464 895 1882. 4,775,969 and constituting the garrison with which the Tartar conquerors long held the country in unwilling subjugation, is the most efficient branch, and may be considered as the regular army of China. Much attention has been paid in recent years to the improvement of its organization, training, and equipment. First American and French, and subsequently British military men, have been its instructors in tactics. The Bannermen are divided into three branches, one recruited from the descendants of the Manchu army, one from their Mongol and one from their Chinese allies who helped conquer China. The Manchus are the most numerous, and are the subjects of the greatest care, as the majority of the officers and of the Board of War belong to this race. Their efficient force is 67,800 men, that of the Chinese or Hankiun Bannermen 27,000, and that of the Mongols, 21,100-making altogether 115,Vessels. Tons. Vessels. Tons. 900 men. Of these, about one half are sta18,416 10,332,248 14,337 10,814,779 tioned in the Pecheli province, and the rest 1,632 728,027 1,864 882,856 distributed through the empire to form the 870 224,730 762 167.801 185,734 192 172,381 Tartar garrisons in the chief cities. The war 185,892 250 194,534 strength of the Banner army can be largely 6,429 880,482 augmented, since there were five times the 23,187 16,640,278 24,729 17,388,852 present numbers on the rolls thirty years ago. The Chinese Government has further fighting material at its disposal in the frontier tribes and the Mongols of Mongolia, who alone can be levied on for 200,000 men, one third of them mounted. The national militia, or Green Flag troops, have formerly been discouraged by the military caste, and are still kept in a state of military inefficiency through the not groundless fears of the Peking Government of the danger of the dynasty from a powerful national army. For many years Li Hung Chang has devoted great pains to the training of the Tartar force in the capital province by thus been made capable of rapid military moveEuropean tacticians. About 70,000 troops have ments. The number of troops in the empire who are trained in the European way, and 18,000,000 armed with modern weapons, is between 100,18,100,000 000 and 200,000. The forts which guard the 20,000,000 approaches to the capital are defended by a 12,000,000 8,000,000 large number of Krupp and Armstrong guns. 5,000,000 The Chinese Government some time ago ac7,000,000 1,400,000 quired several European naval vessels, and has recently been at great expense to secure others of a more perfect type, which are being constructed at Kiel. In 1880 the fleet contained two frigates, a corvette, and 47 gunboats, with transports and smaller craft-the total armament consisting of 283 guns. Of the total number of ships entered and cleared in 1882, 19,607, of an aggregate tonnage of 16,102,574, were steamers, against 18,170, of 15,350,954 tons, in 1881. Communications. The only railroad in 1882 was one eight miles long, running to the Kaiping coal-mines. Besides short local lines, there was completed in 1881 a telegraph line from Tientsin to Shanghai, 950 miles. A line from Shanghai to Canton was under construction in 1883. Finance.—The accounts of the Imperial Government are not made public. The approximate yield of the various sources of revenue is estimated as follows: SOURCES OF REVENUE. Land-tax... Land-tax paid in kind. Likin (new impost on merchandise).. Sale of titles of rank Total... Taels. 79,500,000 In 1882 the European custom-house administration collected import duties to the amount of 4,684,007 taels; export duties, 8,068,435 taels; pilotage, 740,078 taels; tonnage dues, 279,799 taels; transit toll, 313,353 taels-total, 14,085,672 taels. The Chinese Government raised a foreign loan of 13,500,000 taels in 1874. Of this 7,000,000 taels have been repaid. There are domestic debts amounting to 30,000,000 taels. Army and Navy.-The army has been divided since the Manchu conquest into the Banner army and the Green Flag militia. The former, recruited from an hereditary military class, Political Situation. — The diplomatic dispute with France regarding the suzerainty of China over Annam absorbed the attention of the ruling powers in China in 1883 (see TONQUIN). Li Hung Chang, the liberal minister, who has had much to do with guiding the foreign policy of China for several years past, was recalled by the Empress Regent from the three years' seclusion into which he had just entered to mourn the loss of his mother, according to the national custom. After the failure of the negotiations of M. Tricou at Shanghai, the direction of the Tonquin business passed out of the hands of Li and the peace party into those of Prince Kung and the anti-foreign court party, who opposed a bolder and more resolute resistance to the demands of France. on the Yellow river has been adopted by the Government. The execution of a more thorough system of stream regulation for the Yellow river in accordance with the principles of modern engineering would avoid for the future the periodical disasters in this country which have occurred since early times. Canton Riots.—In September serious anti- CHRISTIANITY, Growth of.-On the day of European riots broke out in Canton. The Pentecost, the number of converts to ChrisChinese are accustomed to see crimes punished tianity was 3,000. At the end of the first cenwith extreme severity, while the foreign con- tury the number had reached 300,000. In the suls are loath to enforce rigorously the laws of year 323, when the Emperor Constantine was their own countries when dealing in the exer- converted and began to encourage Christianity cise of extra-territorial jurisdiction with acts of and suppress heathenism, the number of Chrisviolence committed upon Chinamen by Euro- tians was 10,000,000; at the latter part of the peans. The populace of Canton were already sixth century, 20,000,000; at the close of the excited to a dangerous pitch by the news of eighth century, 30,000,000. During the next the French repulses in Tonquin and the war- two centuries the growth was 20,000,000, maklike attitude of the Peking Government, when ing 50,000,000 at the close of the tenth centwo flagrant instances of shielding Europeans tury. Then from the close of the tenth to the from justice wrought them into fury. An close of the eleventh century the gain was Englishman, an official in the Chinese custom- 20,000,000, making the number, at that date, house, fired a gun into a crowd of Chinese who 70,000,000. The next hundred years witnessed were making a disturbance, killing one native a growth of 10,000,000. Thus, for about thirand wounding two others. The Chinese were teen hundred years there had been a steady excited over a rumor that this man, whose gain, and the number now reached 80,000,000. name was Logan, was being screened, and, as But during the next century there was a dein many previous similar cases, would escape cline of 5,000,000; then followed, for the same the consequences of his crime. A day or two period, a similar gain, making the number at later a Portuguese sailor from a British ship the close of the fourteenth century the same killed a Chinaman. In this case the consul re- as at the close of the twelfth, viz., 80,000,000. fused to arrest. When the embittered people In the days of Luther the number reached saw the vessel depart with the homicide on 100,000,000. Thus, from the tenth to the fifboard, September 10th, they pushed in a great teenth centuries the number of Christians had crowd to the foreign quarter and attacked doubled. At the close of the eighteenth censtores and houses. The merchants armed tury the number had again doubled, i. e., bethemselves with rifles, and fired a volley into came 200,000,000. From 1800 to 1880 the the crowd, killing five and wounding many number again doubled, reaching 400,000,000. others. This rendered the mob more desper- Hence we see that the last three periods in ate, and they plundered and set fire to four- which Christianity doubled were 500 years, teen warehouses, English, German, French, 300 years, and 80 years, respectively. These and American, and four dwellings, and only figures include all nominal Christians, comprisceased upon the arrival of the Chinese troops. ing the Greek, the Roman Catholic, and the Tumultuous crowds gathered the next day, but Protestant churches. From 1800 to 1880 it is committed no further acts of violence. The estimated that the Greek Church gained 25 per foreign residents had fled on board vessels in cent., the Roman Catholic Church 80 per cent., the harbor. After the arrival of two British, and the Protestant 170 per cent. one French, and five Chinese gunboats, they returned to their homes. The Chinese authorities thereafter preserved order in Canton, but the irritation continued. The condemnation of Logan to seven years' imprisonment for manslaughter was to the minds of the Chinese equivalent to his escape. Floods.-China suffered in 1883 from inundations which caused great suffering and loss of life. The Yellow river burst through the embankments and overflowed the lower country over hundreds of square miles. The country surrounding Tientsin and lying between that city and the capital was also flooded by the overflow of the rivers. The Government made considerable grants of rice to the homeless and starving peasantry, and encouraged private donations by offers of brevet rank. A scheme for the improvement of the protective works In 1792 William Carey originated the modern foreign missionary movement. He became a great Oriental scholar, and lived to see the Bible, in whole or in part, spread among the people of India in forty dialects. He aroused an active missionary spirit among the English Baptists, and his dictionaries, grammars, and other works, in the Bengalee, Sanskrit, and other tongues of India, not only prepared the way for the rapid spread of the gospel, but also brought him distinguished honor from the British Government. Since the days of Carey, Christianity has advanced in India, China, Japan, Africa, and in other fields, with remarkable rapidity. The number of Christ's followers at this date (1883) is, without doubt, 450,000,000. The converts in foreign fields are now numbered by hundreds of thousands, and are gaining rapidly every year. In 1830 there were only 50,000 Christians in heathen lands; now there are more than 2,000,000. In 1830 the Bible was read in 50 languages and dialects; now in 250, and 150,000,000 Bibles are in circulation. In 1813 Judson arrived in Burmah, and in 1819 he baptized the first convert. In that province to-day there are 25,000 communicants, and about 76,000 adherents to the faith. In 1850 there were in India about 14,000 communicants, and 91,000 nominal Christians. To-day there are 114,000 communicants and about 420,000 nominal Christians. In the province of Madras, ten years ago, the number of Christian adherents was 161,000; to-day the number is 300,000. And throughout India, China, Africa, and other lands, the gospel is spreading at a rate never equaled since the days of the apostles. According to Gibbon, imperial Rome, at the time of her greatest extent, ruled about 120,000,000 people; but today Christian nations govern 650,000,000. While the progress of Christianity has been very marked throughout the whole world, in the United States, where it has had an open field and perfect freedom, its gain has been greater than in any other land. During the past eighty-three years-and particularly during the past three decades-the growth has been more rapid than in any former period. Eighty years ago students in Yale and Harvard Colleges were accustomed to call themselves by the names of French and German infidels. Yale College, infidel students used to combat President Dwight with their views in the class-room. Only a very small portion of the students in the colleges of the country at that time were church-members. In 1745 there were only four church-members among the students of Yale. But a wonderful change has taken place in that college since. In In 1850, in Boston, Mass., and vicinity, within a radius of ten miles, there were 19,838 communicants in the Baptist, Congregational, and Methodist churches combined. In 1880 the membership of those churches had increased to 45,752, being a gain of 230 per cent. From the year-books of the principal denominations in the United States we gather the following general summary for 1883: DENOMINATIONS. Adventists.. Baptists.... Baptists, Anti-Mission. Baptists, Christian Order, etc. Disciples of Christ (Campbellites). Friends, Unitarian (Hicksite).. Lutherans, General Synod... Mennonites... Presbyterians, Reformed, General Synod Methodist, Congregational New Jerusalem (Swedenborgians). Presbyterians, South. Presbyterians, Reformed.. Presbyterians, Welsh Calvinistic.. From 1870 to 1880 Harvard graduated over 1,400 young men, and only two of the number registered themselves as "skeptics." In 1830 26 per cent. of the students of New England colleges were church-members. In 1880, out of 12,063 students in sixty-five colleges in the United States, 50 per cent. were professors of religion. In 1800, the population of the United States was about 5,000,000, and the number of communicants in the various churches was 364,000, averaging one to fifteen of the population. In 1880, with a population of 50,000,- Reformed, Dutch... 000, the number of communicants was over 10,000,000, averaging one to five of the population. These numbers include the communicants in Protestant churches alone. In 1800 there was about one clergyman to every 2,000 of the population. In 1880 there were 69,870 ordained ministers in the Evangelical churches of the United States, averaging one to every 720 of the population. From 1850 to 1880 the increase of the Roman Catholic population (not enrolled communicants) was 4,753,000. During the same period the increase in the number of communicants in the Protestant churches was 6,500,000. VOL. XXIII.-9 A Roman Catholics * Estimated. 6,546 +6,882.954 + Roman Catholic population. CIVIL RIGHTS. In 1875 Congress passed an act to secure civil rights to colored citizens. It became a law March 1st of that year. On October 15, 1883, certain of its sections were declared unconstitutional by the United States Supreme Court. The law was entitled "An act to protect all citizens in their civil and legal rights." Its preamble recited that "it is essential to just government that we recognize the equality of all men before the law, and hold that it is the duty of Government in its dealings with the people to mete out equal and exact justice to all, of whatever nativity, race, color, or persuasion, religious or political; and it being the appropriate object of legislation to enact great fundamental principles into law, therefore be it enacted," etc. The first sections of the act are as follows: SECTION 1. That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theatres, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citi zens of every race and color, regardless of any previous condition of servitude. SEC. 2. That any person who shall violate the foregoing section by denying to any citizen, except for reasons by law applicable to citizens of every race and color, and regardless of any previous condition of servitude, the full enjoyment of any of the accommodations, advantages, facilities, or privileges in said section enumerated, or by aiding or inciting such denial, shall for every such offense forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered in an action of debt, with full costs; and shall also, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred nor more than one thousand dollars, or shall be imprisoned not less than thirty days nor more than one year: Provided, That all persons may elect to sue for the penalty aforesaid, or to proceed under their rights at common law and by State statutes; and having so elected to proceed in the one mode or the other, their right to proceed in the other jurisdiction shall be barred. But this provision shall not apply to criminal proceedings, either under this act or the criminal law of any State: And provided further, That a judgment for the penalty in favor of the party aggrieved, or a judgment upon an indictment, shall be a bar to either prosecution respectively. These sections were held unconstitutional so far as they apply to the States. The Territories and the District of Columbia are subject to the complete legislative control of Congress. Whether the act of 1875 is valid as applied to cases arising in the Territories and the District of Columbia, is a question which the Court said was not before it, and which therefore it refused to decide. There is room for question whether the act of 1875 being unconstitutional in part—that is, as to the States-will stand as constitutional in part-that is, as to the Territories and the District of Columbia. But there is no doubt of the constitutional power of Congress to enact a civil-rights law applicable alone to the Territories and the District of Columbia. The Court further remarked that whether Congress in the exercise of its power to regulate commerce among the States might or might not enact a law governing civil rights in public conveyances-by land and water-passing from one State to another, was also a question not before it, and it is one on which the Court expressed no opinion. It is believed, however, that Congress has such power. The third section of the act of 1875 relates to procedure in cases arising under sections 1 and 2. It falls with those sections. Section 4 is as follows: That no citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State, on account any officer or other person charged with any duty in of race, color, or previous condition of servitude; and the selection or summoning of jurors who shall exclude or fail to summon any citizen for the cause aforesaid shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not more than five thousand dollars. This section is held constitutional by the Supreme Court on grounds which will be explained farther on. The constitutionality of the first two sections was tested in five cases brought from the Federal circuit courts in different parts of the country. In two of these cases the accommodations of a hotel had been denied to negroes in Kansas and Missouri on account of their color; in two, admission to seats in the dresscircle of a San Francisco theatre and to seats in a New York theatre had been refused to colored persons; and one was a suit brought in Tennessee against the Memphis and Charleston Railway Company for not permitting a colored woman to ride in a car set apart for white persons. As all of these cases involved the same constitutional question, these were considered together in one opinion by the United States Supreme Court. It is conceded that before the adoption of the thirteenth amendment to the Federal Constitution Congress had no power to pass a civilrights law such as that of 1875. If it exists at all, the authority must be derived from the thirteenth amendment or the first or the last section of the fourteenth amendment. This is the thirteenth amendment: SECTION 1. Neither slavery nor involuntary serviparty shall have been duly convicted, shall exist tude, except as a punishment for crime whereof the within the United States, or in any place subject to their jurisdiction. SEC. 2. Congress shall have power to enforce this article by appropriate legislation. The first and last sections of the fourteenth amendment are: SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State force any law which shall abridge the privileges or wherein they reside. No State shall make or enimmunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. SEC. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Considering these two amendments in their inverse order, the Court holds that the fourteenth prohibits State but not individual action against the civil rights of colored citizens, and that it empowers Congress to protect these rights when denied or abridged by a State, but not when invaded by individuals. As the act of 1875 was intended to punish persons for violating the civil rights of colored citizens, when these rights were not denied by the State, its enactment was held to be an exercise of power not given to Congress by the fourteenth amendment. The meaning of this amendment and the reasons on which the Court based its decision are set forth in the following extracts from the opinion prepared by Justice Bradley: The first section of the fourteenth amendment (which is the one relied on), after declaring who shall be citizens of the United States, and of the several States, is prohibitory in its character, and prohibitory upon the States. It declares that "no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." It is State action of a particular character that is prohibited. Individual invasion of individual rights is not the subject-matter of the amendment. It has a deeper and broader scope. It nullifies and makes void all State legislation and State action of every kind which impairs the privileges and immunities of citizens of the United States, or which injures them in life, liberty, or property without due process of law, or which denies to any of them the equal protection of the laws. It not only does this, but, in order that the national will, thus declared, may not be a mere brutum fulmen, the last section of the amendment invests Congress with power to enforce it by appropriate legislation. To enforce what? To enforce the prohibition. To adopt appropriate legislation for correcting the effects of such prohibited State laws and State acts, and thus to render them effectually null, void, and innocuous. This is the legislative power conferred upon Congress, and this is the whole of it. It does not invest Congress with power to legislate upon subjects which are within the domain of State legislation; but to provide modes of relief against State legislation, or State action, of the kind referred to. It does not authorize Congress to create a code of municipal law for the regulation of private rights; but to provide modes of redress against the operation of State laws, and the action of State officers, executive or judicial, when these are subversive of the fundamental rights specified in the amendment. Positive rights and privileges are undoubtedly secured by the fourteenth amendment; but they are secured by way of prohibition against State laws and State proceedings affecting those rights and privileges, and by power given to Congress to legislate for the purpose of carrying such prohibition into effect; and such legislation must necessarily be predicated upon such supposed State laws or State proceedings, and be directed to the correction of their operation and effect. A quite full discussion of this aspect of the amendment may be found in U. S. vs. Cruikshank, 92 U. S. Reports, 542; Virginia vs. Rives, 100 Id., 313, and Ex-parte Virginia, 100 Id., 339. .' Until some State law has been passed, or some State action through its officers or agents has been taken, adverse to the rights of citizens sought to be protected by the fourteenth amendment, no legislation of the United States under such amendment, nor any proceeding under such legislation, can be called into activity: for the prohibitions of the amendment are against State laws and acts done under State authority. Of course, legislation may, and should be, provided in advance to meet the exigency when it arises; but it should be adapted to the mischief and wrong which the amendment was intended to provide against; and that is, State laws, or State action of some kind, ad verse to the rights of the citizen secured by the amendment. Such legislation can not properly cover the and property, defining them and providing for their whole domain of rights appertaining to life, liberty, vindication. That would be to establish a code of municipal law regulative of all private rights between man and man in society. It would be to make Congress take the place of the State Legislatures and to supersede them.. An inspection of the law shows that it makes no reference whatever to any supposed or apprehended violation of the fourteenth amendment on the part of the States. It is not predicated on any such view. It proceeds ex directo to declare that certain acts committed by individuals shall be deemed offenses, and shall be prosecuted and punished by proceedings in the courts of the United States. It does not profess to be corrective of any constitutional wrong committed by the States; it does not make its operation to depend upon any such wrong committed. It applies equally to cases arising in States which have the justest laws respecting the personal rights of citizens, and whose authorities are ever ready to enforce such laws, as to those which arise in States that may have violated the prohibition of the amendment. In other words, it steps into the domain of local jurisprudence, and lays down rules for the conduct of individuals in society toward each other, and imposes sanctions for the enforcement of those rules, without referring in any manner to any supposed action of the State or its authorities. If this legislation is appropriate for enforcing the prohibitions of the amendment, it is difficult to see where it is to stop. Why may not Congress with equal show of authority enact a code of laws for the enforcement and vindication of all rights of life, liberty, and property? If it is supposable that the States may deprive persons of life, liberty, and property without due process of law (and the amendment itself does suppose this), why should not Congress proceed at once to prescribe due process of law for the protection of every one of these fundamental rights, in every possible case, as well as to prescribe equal privileges in inns, public conveyances, and theatres?. Civil rights, such as are guaranteed by the Constitution against State aggression, can not be impaired by the wrongful acts of individuals, unsupported by State authority in the shape of laws, customs, or judicial or executive proceedings. The wrongful act of an individual, unsupported by any such authority, is simply a private wrong, or a crime of that individual; an invasion of the rights of the injured party, it is true, whether they affect his person, his property, or his reputation; but if not sanctioned in some way by the State, or not done under State authority, his rights remain in full force, and may presumably be vindicated by resort to the laws of the State for redress. If the principles of interpretation which we have laid down are correct, as we deem them to be (and they are in accord with the principles laid down in the cases before referred to, as well as in the recent case of United States vs. Harris, decided at the last term of this court), it is clear that the law in question can not be sustained by any grant of legislative power made to Congress by the fourteenth amendment. That amendment prohibits the States from denying to any person the equal protection of the laws, and declares that Congress shall have power to enforce, by appropriate legislation, the provisions of the amendment. The law in question, without any reference to adverse State legislation on the subject, declares that all persons shall be entitled to equal accommodations and privileges of inns, public conveyances, and places of public amusement, and imposes a penalty upon any individual who shall deny to any citizen such equal accommodations and privileges. This is not corrective legislation; it is primary and direct; it takes immediate and absolute possession of the subject of the right of admission to inns, public conveyances, and places of amusement. It supersedes and displaces State |
