Part 194

Article 63. Votes shall be taken by rising, by division, and by secret ballot. The latter method, however, shall always be employed for the final vote on a law and in all cases of a personal nature.

Article 64. No one shall hold the office of Senator and Deputy at the same time.

Article 65. The King appoints and dismisses his ministers.

Article 66. The Ministers shall have no vote in either Chamber unless they are members thereof. They shall have entrance to both Chambers and must be heard upon request.

Article 67. The Ministers shall be responsible. Laws and decrees of the government shall not take effect until they shall have received the signature of a Minister.

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Article 68. Justice emanates from the King and shall be administered in his name by the judges he appoints.

Article 69. Judges appointed by the King, except Cantonal or District judges (di mandamento), shall not be removed after three years of service.

Article 70. Courts, tribunals and judges are retained as at present existing. No modification shall be introduced except by law.

Article 71. No one shall be taken from his ordinary legal jurisdiction. It is therefore not lawful to create extraordinary tribunals or commissions.

Article 72. The proceedings of tribunals in civil cases and the hearings in criminal cases shall be public as provided by law.

Article 73. The interpretation of the laws, in the form obligatory upon all citizens, belongs exclusively to the legislative power.

Article 74. Communal and provincial institutions and the boundaries of the communes and provinces shall be regulated by law.

Article 75. The military conscriptions shall be regulated by law.

Article 76. A communal militia shall be established on a basis fixed by law.

Article 77. The State retains its flag, and the blue cockade is the only national one.

Article 78. The knightly orders now in existence shall be maintained with their endowments, which shall not be used for other purposes than those specified in the acts by which they were established. The King may create other orders and prescribe their constitutions.

Article 79. Titles of the nobility are guaranteed to those who have a right to them. The King may confer new titles.

Article 80. No one may receive orders, titles or pensions from a foreign power without the King's consent.

Article 81. All laws contrary to the provisions of the present constitution are hereby abrogated.

Given at Turin on the fourth day of March, in the year of Our Lord, one thousand eight hundred and forty-eight, and of Our Reign the eighteenth.

Transitory Provisions.

Article 82. This statue shall go into effect on the day of the first meeting of the Chambers, which shall take place immediately after the elections. Until that time urgent public service shall be provided for by royal ordinances according to the mode and form now in vogue, excepting, however, the ratifications and registrations in the courts which are from now on abolished.

Article 83. In the execution of this statute the King reserves to himself the right to make the laws for the press, elections, communal militia and organization of the Council of State. Until the publication of the laws for the press, the regulations now in force on this subject remain valid.

Article 84. The Ministers are entrusted with, and are responsible for the execution and full observance of these transitory provisions.

CONSTITUTION OF ITALY: End--------

CONSTITUTION OF NEW YORK STATE, and its Revisions.

See NEW YORK: A. D. 1777, 1821, 1846, 1867-1882, and 1894 (page 2339, and after).

CONSTITUTION OF RHODE ISLAND.

See RHODE ISLAND: A. D. 1888 (page 2646).

CONTRACT TABLETS, BABYLONIAN.

See MONEY AND BANKING (page 2199).

COOKE AND WHEATSTONE, Telegraphic Inventions of.

See ELECTRICAL DISCOVERY AND INVENTION: A. D. 1825-1874 (page 773).

CO-OPERATION.

See SOCIAL MOVEMENTS: A. D). 1816-1886, 1840-1848, 1848-1883 (pages 2938, 2942, 2946).

COPYRIGHT.

See LAW, COMMON: A. D. 1499; and EQUITY: A. D. 1875 (pages 1965 and 1994).

COREA. The war between Japan and China.

"The peninsula which projects between the Japanese and Yellow Seas southwards in the direction of the southern islands of Nippon is completely limited landwards. Like Italy, with which it may be compared in extent, and even to some degree in its orographic configuration, it is separated from the mainland by the Alpine Taipeishan or 'Great White Mountains,' of Manchuria. It has also its Apennines stretching north and south, and forming the backbone of the peninsula. … Like most regions of the extreme East, Korea is known to foreigners by a name which has little currency in the country itself. This term, belonging formerly to the petty state of Korié, has been extended by the Chinese and Japanese to the whole peninsula, under the forms of Kaokiuli, Korai, Kaoli. When all the principalities were fused in one monarchy, towards the close of the 14th century, the country, at that time subject to China, took the official title of Chaosien (Tsiosen)—that is, 'Serenity of the Morning'—in allusion to its geographical position east of the empire. Thus it is now designated by a poetical expression which exactly indicates its position between China and Japan. While for the people of the continent Japan is the land of the Rising Sun, Korea is the 'Serene' land, illumined by the morning rays. Although washed by two much-frequented seas, and yearly sighted by thousands of seafarers, Korea is one of the least known Asiatic regions. … From its very position between China and Japan, Korea could not fail to have been a subject of contention for its powerful neighbours. Before its fusion in one state it comprised several distinct principalities, whose limits were subject to frequent changes. These were, in the north, Kaokiuli (Kaoli), or Korea proper; in the centre, Chaosien and the 78 so-called 'kingdoms' of Chinese foundation, usually known as the San Kan (San Han), or 'Three Han'; in the south, Petsi, or Hiaksaï (Kudara), the Sinlo of the Chinese, or Siragi of the Japanese; beside the petty state of Kara, Zinna, or Mimana, in the south-east, round about the Bay of Tsiosan. The northern regions naturally gravitated towards China, whose rulers repeatedly interfered in the internal affairs of the country. But the inhabitants of the south, known in history by the Japanese name of Kmaso, or 'Herd of Bears,' were long subject to Japan, while at other times they made frequent incursions into Kiu-siu and Hondo, and even formed settlements on those islands. The first conquest of the country was made by the forces of the Queen Regent Zingu in the 3d century. {3737} Towards the end of the 16th the celebrated Japanese dictator and usurper Taïkosama, having conceived the project of conquering China, began with that of Korea, under the pretext of old Japanese rights over the country of the Kmaso. After wasting the land he compelled the King to become his tributary, and left a permanent garrison in the peninsula. A fresh expedition, although interrupted by the death of Taïkosama, was equally successful. Tsu-sima remained in the hands of the Japanese, and from that time till the middle of the present century Korea continued in a state of vassalage, sending every year presents and tribute to Nippon. … Thanks to the aid sent by the Ming dynasty to Korea, in its victorious struggle with the other petty states of the peninsula, and in its resistance to Japan, its relations with China continued to be of the most friendly character. Admirers of Chinese culture, the native rulers felt honoured by the investiture granted them by the 'Son of Heaven.' But after the Manchu conquest of the Middle Kingdom, Korea remaining faithful to the cause of the Mings, the new masters of the empire invaded the peninsula, and in 1637 dictated a treaty, imposing on the Koreans a yearly tribute. … But although since that time the native ruler takes the title of 'Subject,' China exercises no real sovereign rights in Korea."

_E. Reclus, The Earth and its Inhabitants: Asia, volume 2, chapter 6._

"Since the conclusion of that treaty [of 1637], Corea has been at peace with both her neighbours and able, till within the last twenty years, to maintain the seclusion she so much desired. Until the beginning of the present century—when the doctrine preached by Roman missionaries in China began to filter across the frontier, and to provoke a fitful and uncertain intercourse between them and the few Coreans who had been attracted by the new religion—the only fresh glimpse we obtain of the interior of the country and its inhabitants is afforded by the well-known story of Henry Hamel, who was wrecked off the Corean coast in 1653, and detained there twelve years as a prisoner at large. … We come now to events nearer our own time, in which the propaganda of Rome and the proceedings of its emissaries begin to play a prominent and interesting part. In the year 1784, a young Corean named Le, who had come to Peking in the suite of the tribute-bearing embassy, applied to the Roman Catholic Mission for books and instruction in the science of mathematics, of which he was naturally fond. The missionaries profited by the occasion to lend him books on religion, which awakened his interest and led to his eventual conversion. As usual in such cases, the neophyte set himself, directly on his return, to propagate the new creed he had learned, among his relations and friends; and with so much success that, in less than five years, he had, according to Mgr. Govéa, gained 4,000 adherents. As may be imagined, however, the doctrine acquired from a convert who had had only a few months' instruction, and disseminated again at second-hand by men who had caught the crude idea from his conversation, was of a somewhat obscure description. … Neither letter nor news was received from the Corean Christians for more than two years; but two converts made their way to Peking, at the close of 1793, with news of a severe persecution which had occurred in the interval. … No sooner had the persecution … subsided, than a priest was successfully introduced across the frontier, to instruct and impart new life to the converts. Nor, it is affirmed, has the flock ever since been left unguarded. Persecution has followed persecution; but from Jacques Velloz, the first missionary to cross the frontier, who suffered martyrdom in 1800, to Mgr. Ridel, who has returned to Europe with health shattered by the anxieties and hardships undergone during the latest outbreak, there have always been some priests alternately tolerated or hiding in the country, and the spark lighted by the young Corean attache has never been quite extinguished. … On July 7th, 1866, a Roman Catholic missionary arrived in a Corean boat at Chefoo, with a tale of dire persecution. Two bishops, nine priests, and a number of Christians of both sexes had been massacred, many of them after judicial tortures of atrocious cruelty. Three members of the mission only survived, and M. Ridel had been chosen to carry the news to China, and endeavour to procure assistance. It was to the French authorities, naturally, that he addressed himself; and both Admiral Roze, the Commandant of the French fleet in Chinese waters, and M. de Bellonet, then charge-d'affaires at Peking, lent a sympathetic ear to his protest. … An expedition was accordingly resolved on. … Admiral Roze started from Chefoo with the expeditionary force on October 11th, arrived off Kang-hwa on the 14th, and occupied it, after a merely nominal resistance, two days later. The Coreans were apparently taken by surprise, having perhaps thought that the danger had passed. … The forts along the banks of the river were found ungarrisoned, and Kang-hwa itself, a considerable fortress containing large stores of munitions of war, was practically undefended. A letter was received, a few days later, inviting Admiral Roze to come or send delegates to Söul, to talk over matters in a friendly spirit; but he replied that, if the Corean authorities wished to treat, they had better come to Kang-hwa. This attitude was meant, no doubt, to be impressive, but the event proved it to be slightly premature. So far all had gone well; but the expedition was about to collapse with a suddenness contrasting remarkably with the expectations raised by M. de Bellonet's denunciations and Admiral Roze's hauteur. … The disastrous termination of … two movements appears to have persuaded Admiral Roze that the force at his disposal was insufficient to prosecute the enterprise to a successful issue, in face of Corean hostility. It was no longer a question whether he should go to Söul or the Coreans come to him: the expedition was at a deadlock. He had rejected the first overtures, and was not strong enough to impose terms. A retreat was accordingly decided on. The city of Kang-hwa was burned, with its public offices and royal palace."

_R. S. Gundry, China and her Neighbours, chapter 9._

In 1866, when the French threatened Corea, the latter sought help from Japan and received none. Two years later, after the Japanese revolution which restored the Mikado to his full sovereignty, the Coreans declined to acknowledge his suzerainty, and bitterly hostile feelings grew up between the two peoples. The Japanese were restrained from war with difficulty by their more conservative statesmen. {3738} Without war, they obtained from Corea, in 1876, an important treaty, which contained in the first article "the remarkable statement that 'Chosen, being an independent State, enjoys the same sovereign rights as does Japan'—an admission which was foolishly winked at by China from the mistaken notion that, by disavowing her connection with Korea, she should escape the unpleasantness of being called to account for the delinquencies of her vassal. This preliminary advantage was more than doubled in value to Japan when, after the revolution in Söul in 1884, by which her diplomatic representative was compelled to flee for the second time from the Korean capital, she sent troops to avenge the insult and declined to remove them until China had made a similar concession with regard to the Chinese garrison, which had been maintained since the previous outbreak in 1882 in that city. By the Convention of Tientsin, which was negotiated in 1885 by Count Ito with the Viceroy Li Hung Chang, both parties agreed to withdraw their troops and not to send an armed force to Korea at any future date to suppress rebellion or disturbance without giving previous intimation to the other. This document was a second diplomatic triumph for Japan. … It is, in my judgment, greatly to be regretted that in the present summer [1894] her Government, anxious to escape from domestic tangles by a spirited foreign policy, has abandoned this statesmanlike attitude, and has embarked upon a headlong course of aggression in Korea, for which there appears to have been no sufficient provocation, and the ulterior consequences of which it is impossible to forecast. … Taking advantage of recent disturbances in the peninsula, which demonstrated with renewed clearness the impotence of the native Government to provide either a decent administration for its own subjects, or adequate protection to the interests of foreigners, and ingeniously profiting by the loophole left for future interference in the Tientsin Agreement of 1885, Japan … (in July 1894) landed a large military force, estimated at 10,000 men, in Korea, and is in armed occupation of the capital. Li Hung Chang … responded by the despatch of the Chinese fleet and of an expeditionary force, marching overland into the northern provinces."

_G. N. Curzon, Problems of the Far East, chapter 7._

"The ostensible starting-point of the trouble that resulted in hostilities was a local insurrection which broke out in May in one of the southern provinces of Corea. The cause of the insurrection was primarily the misrule of the authorities, with possibly some influence by the quarreling court factions at the capital. The Corean king applied at once to China as his suzerain for assistance in subduing the insurgents, and a Chinese force was sent. Japan, thereupon, claiming that Corea was an independent state and that China had no exclusive right to interfere, promptly began to pour large forces into Corea, to protect Japanese interests. By the middle of June a whole Japanese army corps was at Seoul, the Corean capital, and the Japanese minister soon formulated a radical scheme of administrative reforms which he demanded as indispensable to the permanent maintenance of order in the country. This scheme was rejected by the conservative faction which was in power at court, whereupon, on July 23, the Japanese forces attacked the palace, captured the king and held him as hostage for the carrying out of the reforms. The Chinese were meanwhile putting forth great efforts to make up for the advantage that their rivals had gained in the race for control of Corea, and to strengthen their forces in that kingdom. On the 25th a Chinese fleet carrying troops to Corea became engaged in hostilities with some Japanese war vessels, and one of the transports was sunk. On August 1 the Emperor of Japan made a formal declaration of war on China, basing his action on the false claim of the latter to suzerainty over Corea, and on the course of China in opposing and thwarting the plan of reforms which were necessary to the progress of Corea and to the security of Japanese interests there. The counter-proclamation of the Chinese Emperor denounced the Japanese as wanton invaders of China's tributary state, and as aiming at the enslaving of Corea. On August 26 a treaty of offensive and defensive alliance against China was made between Japan and Corea. … A severe engagement at Ping-Yang, September 16, resulted in the rout of the Chinese and the loss of their last stronghold in Corea. A few days later the hostile fleets had a pitched battle off the mouth of the Yalu River, with the result that the Japanese were left in full control of the adjacent waters. On the 26th of October the Japanese land forces brushed aside with slight resistance the Chinese on the Yalu, which is the boundary between Corea and China, and began their advance through the Chinese province of Manchuria, apparently aiming at Pekin."

_Political Science Quarterly, December, 1894._

On the 3d of November, Port Arthur being then invested by the Japanese land and naval forces, while Marshal Yamagata, the Japanese commander, continued his victorious advance through Manchuria, Prince Kung made a formal appeal to the representatives of all the Powers for their intervention, acknowledging the inability of China to cope with the Japanese. On the 21st of November, Port Arthur, called the strongest fortress in China, was taken, after hard fighting from noon of the previous day. In retaliation for the murder and mutilation of some prisoners by the Chinese, the Japanese gave no quarter, and are accused of great atrocities. To the advance of the Japanese armies in the field, the Chinese opposed comparatively slight resistance, in several engagements of a minor character, until the 19th of December, when a battle of decided obstinacy was fought at Kungwasai, near Hai-tcheng. The Japanese were again the victors. Overtures for peace made by the Chinese government proved unavailing; the Japanese authorities declined to receive the envoys sent, for the reason that they were not commissioned with adequate powers. Nothing came of an earlier proffer of the good offices of the Government of the United States. Obstinate fighting occurred at Kai-phing, which was captured by the Japanese on the 10th of January, 1895. On the 26th of January the Japanese began, both by land and sea, an attack on the stronghold of Wei-hai-wei, which was surrendered, with the Chinese fleet in its harbor on the 12th of February. Shortly afterwards, China made another effort to obtain peace, commissioning her able Statesman, Li-Hung-Chang, as a special envoy to Japan, with full power to negotiate terms. At the time of this writing, the result has not appeared.

{3739}

CORNELL UNIVERSITY, The founding of.

See EDUCATION, MODERN (page 735).

CORONER AND CORONER'S JURY.

See LAW, CRIMINAL LAW: A. D. 1215, and 1276 (page 1982).

CORRUPT AND ILLEGAL PRACTICES AT ELECTIONS, The English Act to prevent.

See England: A. D. 1883 (page 972).

CORTEREALS, Voyages of the.

See (in this Supplement) AMERICA.

COTTON-GIN, Whitney's, and its effect.

See UNITED STATES OF AMERICA: A. D. 1793 (page 3306).

COURTS, Origin of the English Criminal.

See LAW, CRIMINAL: A. D. 1066-1272 (page 1981).

COURTS OF OYER AND TERMINER.

See LAW, CRIMINAL: A. D. 1285 (page 1982).

COXEY MOVEMENT, The.

See SOCIAL MOVEMENTS: A. D. 1894 (page 2956).

CRIMINAL LAW.

See LAW, CRIMINAL (page 1981).

CRUSADES: The initial movements.