there appears but little doubt of the common origin of the germans, the chinese and turcomans; some similarity of laws and customs may therefore be considered as likely to be traced amongst the latter people. du buat states that on the shores of the caspian sea, ancient monuments have been discovered, which clearly show that those shores had once been the site of a country called li ken, and subsequently ta tsin, and known to the chinese under the denomination of shem han, a dynasty bearing date about two hundred and seven years before our era.
this people he considers to have been a race of huns, afterwards tartars, and of whom the chinese historians relate the most extraordinary traditions. according to these writers, the capital of the ta tsins was a hundred leagues in circumference, and was adorned by five palaces, situate ten leagues from each other. the people were, moreover, according to these accounts, most comely and tall, like the chinese: hence 395 were they called ta, great, and tsin, china. it appears, moreover, evident that the doctrines and fables of the boudha are similar to those of wooden, or odin.
thus do we find the laws of retaliation and compensation as pertinaciously observed by the chinese, as by the inhabitants of ancient germania, although amongst the former duels are unknown. according to the magnitude of the offence, the infliction of the bamboo is ordered: ten strokes for a verbal affront; twenty, for a blow, or a kick; fifty, for tearing off a certain quantity of hair; and eighty, for throwing dust in the face; while life atones for life.
according to the laws of zoroaster, in a work attributed to him, called the zend-avesta, abridged in a compendium entitled the sad-er, or the gates,—intending to strike a blow constitutes the offence called agnerefte; to give it is the eonvereschte. the first misdemeanor is punished with five blows; the second, with ten; increased in aggravated cases, and on reiteration of the offence. to inflict a wound that requires more than two days to heal, is an aredosch; and to strike a man behind, a khor. the punishment of the first, is fifteen strokes; of the second, thirty lashes, inflicted with a leather strap.
in japan, instead of fighting duels, the parties endeavour to display their valour by committing suicide. it is related that two officers of the household 396 of the emperor having met on the staircase of the palace, their sabres happened to entangle: words arose; one of them imputed the affair to accident, adding, that the quarrel was between the two swords, and the one was as good as the other. “we shall see that presently,” replied his adversary, and with these words he drew his weapon, and plunged it into his own breast. the other, impatient to display similar courage, hurried away, in order to serve up a dish that he was carrying to the emperor’s table, which having done, he returned to his opponent, who was at the point of death; but on finding that he was still alive, he also plunged his sword into his own body, adding, “you should not have had the start of me, had not my duties obliged me to attend the emperor. i die, however, contented, since i have proved to you and to the world, that my sabre is as trusty as your own.”
under such regulations it may be easily imagined that duels in japan are rare, and quarrels not frequent. each street has a resident police officer, called an ottona. in the event of any difference arising, he calls upon the parties to come to some amicable arrangement, and has the power of incarcerating the persons who hesitate in following his advice. when a quarrel or an affray takes place, the inhabitants of the street are obliged to check it, and if one of the party is killed, the survivor is put to 397 death, and three of the principal neighbouring families are placed under interdict for several months, while the other citizens in the vicinity are condemned to some hard labour. when a man dies, an inquest is invariably held on the body, to ascertain that it bears no marks of violence, for a violent death must be avenged somehow or other.
amongst the arabs we again have the germanic vindictive retaliation: each family is considered the guardian and avenger of its own rights. their susceptibility of an offence is most punctilious, and as niebuhr observes, “the honour of their women, and their beards, is equally dear to them.” an expression of contempt can only be washed off by the blood of the offender, and their inveterate hate, and thirst of revenge, frequently brood and smoulder for years, until an opportunity offers to glut their revenge. no compensation can atone for the loss of life: the existence of the murderer is placed in the hands of the relatives of the deceased; but it is not always the life of the assassin alone that can gratify them,—they will fix upon some innocent member of his family, whose existence may be the most precious to his friends. when their victim is murdered, his family and his clan will, in their turn, meditate on the most refined means of avenging his fall. thus do these bloody feuds 398 exist for centuries, and revenge is transmitted down as an honourable heir-loom.
amongst the american indians we observe similar acts of vengeance. an indian had a quarrel with one of his countrymen, who bit him severely in the hand; the latter declared himself maimed, and demanded a combat. the day is fixed; the tribe assembled. the champions advance: the offended is armed with a musket; the offender is without any weapon; both are painted of different colours. the parties approach each other running, but halt at fifteen paces distance. the man without arms presents his breast to his antagonist, who, quietly resting on his piece, takes a draught out of his gourd, and calmly looks around him. on a sudden he utters a loud and wild shriek, fires, and brings down his foe. while the offender is weltering in his blood, the other gives up his musket to the son, or a near relation of the dying man; he then retreats some paces, takes a firm stand, points with his finger to the region of the heart, and in turn receives his mortal wound. it appears that in all such cases it is necessary that both parties should perish.
such are the notions of honour amongst uncivilised nations and infidels! can we, as christians, boast of a higher sense of justice, and of respect to the laws of god and man? alas! 399 might not the unbelievers whom we seek to reclaim by the mild doctrines of the saviour, have too frequently reason to reply to us in the words of the inca to the murderous castilian, “i should not wish to go to thy heaven, if i am to meet thee there.” the following anecdote will show that barbarians, as we are pleased to denominate them, can afford a bright example to the most refined nations of europe.
in 1690, a quarrel arose between two sons of muly ismael, emperor of morocco: a combat took place, which was interrupted, and they were both brought in chains before their father, who thus addressed them:—“i am rejoiced to see you still amongst the living, although you both should have fallen in the combat. it appears that you imagined that you no longer possessed a father, or that you had forgotten that you were my sons. mild as lambs when i am with you, you are each more furious than a roaring lion when i am away. i still live, and you have dared to have recourse to arms.” so saying, he ordered that staves should be put into their hands, and that they should chastise each other in his presence.
