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the matter to the end that your judgment may exemplify the due mean, whether in imposing a fine or another punishment, by careful investigation and the solution of every difficulty. When the trial has such an event, all will acknowledge that the judgment is just; and so likewise will the sovereign do, when the report reaches him." (Pt. v., bk. xxvii., 5.)

The same book lays down this discriminating fundamental for the administration of justice, recognizing that criminality consists in intent: "You pardon inadvertent faults, however great; and punish purposed crimes, however small." (Pt. ii., bk. ii., 2.)

Another passage of this ancient book asserts in words ascribed to Kau-Yau, speaking to Shun, a maxim of criminal justice which many suppose to be peculiar to its administration in AngloSaxon countries: "Rather than put an innocent person to death, you will run the risk of irregularity and error." (Pt. ii., bk. ii., 2.)

In the "Li Ki," the following passage describes the emoluments of public officers, indicating the use of "standards of value" much less subject to fluctuation than the precious metals: "The officers of the lowest grade in the feudal states received salary sufficient to feed nine individuals; those of the second grade, enough to feed eighteen; and those of the highest, enough for thirty-six. A great officer could feed 72 individuals, a minister 288, and the ruler 2880. In a state of the second

class, a minister could feed 216, and the ruler 2160. A minister of a small state could feed 144 individuals and the ruler 1440." (Bk. iii., sect. v., 24.)

There were also restrictions in those days upon the military defence and equipment of states and cities, intended to keep down the spirit of domination and to avoid revolt. The "Li Ki" thus describes these laws: "Hence it was made the rule that no state should have more than 1000 chariots, no chief city's wall more than 100 embrasures, no family more than 100 chariots, however opulent. These regulations were intended. for the protection of the people; yet some of the governors of states rebelled against them." (Bk. xxvii., 3.)

The foregoing are some of the more important of the things which Confucius and the ancients before him deemed prerequisite to the maintenance of good order throughout the nation. The breadth and depth of statesmanship required are even better set forth in this saying of Confucius: "The superior man governs men according to their nature, with what is proper to them." (Doctrine of the Mean, c. xiii., v. 21.)

With greater circumstantiality, yet in a very brief compass, he sets forth the prerequisites anew in this sentence: "To rule a country of a thousand chariots, there must be reverent attention to business, and sincerity; economy in expenditure, and love for men; and the employment of the people at the proper seasons. (Analects, bk. i., c. v.)

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The course of wisdom when there is not good government, he marks out as follows: "When good government prevails in a state, language may be lofty and bold, and actions the same. When bad government prevails, the actions may be lofty and bold, but the language may be with some reserve." (Analects, bk. xiv., c. iv.)

The manner in which a state may crumble and decay and therefore succumb to superior force and pass away, Mencius thus describes: "A man must first despise himself and then others will despise him. A family must first destroy itself and then others will destroy it. A kingdom must first strike down itself and then others will strike it down." (Bk. iv., pt. i., c. viii., v. 4.) Duty Respecting Acceptance of Office. "When right principles of government prevail in the empire, he will show himself; when they are prostrated, he will keep retired." (Analects, bk. viii., c. xiii., v. 2.)

In the "Analects," Confucius thus described the duty of the superior man as regards accepting office and retiring from it. The following, to like effect, is attributed, in the "Analects," to Tszechang: "The minister, Tsze-wan, thrice took office and manifested no joy in his countenance. Thrice he retired from office and manifested no displeasure. He made it a point to inform the new minister of the way in which he had conducted the government." (Bk. v., c. xviii., v. I.)

Confucius again gave voice to the same senti

ment in this: "When good government prevails in the state, he is to be found in office. When bad government prevails, he can roll his principles up and keep them in his breast." (Analects,

bk. xv., c. xi., v. 2.)

Indeed, he proclaimed it the part of a wise and prudent man to quit a badly governed state forthwith: "Such an one will not enter a tottering state nor dwell in a disorganized one." (Analects,

bk. viii., c. xiii., v. 2.)

Yet he quoted with warm approval the following reply of Hwuy, when reproved for remaining in a state which had dismissed him for acting the part of a righteous judge: "Hwuy of Lew-hea, being chief criminal judge, was thrice dismissed from office. Someone said to him, 'Is it not time for you, sir, to quit the country?' He replied, 'Serving men in an upright way, where shall I go and not experience such a thrice-repeated dismissal? If I chose to serve men in a crooked way, what need would there be that I leave the country of my parents?"" (Analects, bk. xviii., c. ii.)

The border-warden at E, having interviewed Confucius after the latter had been deprived of office, announced: "My friends, why are you distressed by your Master's loss of office? The empire has long been without principles; Heaven is going to use your Master as a wooden-tongued bell." (Analects, bk. iii., c. xxiv.)

Confucius, however, held it to be no part of the duty of an officer who has been discharged, to air

his grievances and criticize his successor, as witness these words, spoken to Yen Yuen: "The Master said to Yen Yuen, 'When called to office, to undertake its duties; when not so called, to lie retired, it is only I and you who have attained to this!"" (Analects, bk. vii., c. x., v. I.)

And at another time he spoke even more to the point in this fashion: "He who is not in a particular office has nothing to do with the plan for the administration of its duties." (Analects, bk. viii., c. xiv.)

Acceptance of retirement from office, absolute acquiescence in it, even warm welcome of it and refusal to accept even the most exalted official station were warmly commended, as in this: "The Master said, 'T'ao-pih may be said to have reached the highest point in virtuous action. Thrice he declined the empire, and the people could not express their approbation of his conduct."" (Analects, bk. viii., c. i.)

Yet service and even ambition to be called to public service were recommended to his disciples, as in this: "When you are living in any state, take service with the most worthy among its great officers and make friends with the most virtuous among its scholars." (Analects, bk. xv., c. ix.)

And his disciple, Tsze-Loo, holds that, when called to office and conscious of ability to render valuable service, the superior man is obliged to respond, albeit both against his inclination and against his judgment, in that the conditions will

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