Part 36

Many, like the American and English missionaries, receive fair help from home, but spend on their equipment, and educational and hospital buildings the money that was due to themselves and their families as salaries. The highly cultured, brave president of the Nanking University accepts only $1,500 as salary, whereas if he were in America, on a purely business basis he would be expected to demand $15,000 for the same services and expenses of his high position. The writer does not mean to select one board as doing better than another. All have done marvelously, and China can never forget. In the Yangtze valley at Shanghai and Wuchang, along the whole front of the rebellion of 1911, the American Episcopalians have universities and training schools, which were especially noted by the republicans. The missionary does not always desire money. Such a simple thing as a magazine, or a new book of travel, or a standard work of fiction, or a weekly newspaper from some metropolis, is a god-send to the missionaries at the outposts, under the idol’s hills, who like to feel that though they are thousands of miles from a treaty port, they are yet in touch with civilization. Any one can get from the Mission Boards the names of missionaries who are off the beaten track from Yunnan province up to the Amur River in China, and send them now and then at trifling cost this cheering literature, which will shine upon them like the beloved sun of the far-away home land. Treat them as American and British men and women, and not only in the high light of missionaries, for they are the ambassadors from the West to the East, and there is no form of our civilization in which they are not active, efficient and heroic.

England and America contribute the same sum to missions, but as England is the smaller, the statistics reveal that America is doing only half what she should do in the China mission field. Of the denominations, the American Methodists easily lead the world, followed in order by the Anglican Church of England, the Presbyterian Church of America, the Baptist Church of America, and the old Congregational Church of America with many heroes on its old roster, which dates back to 1812. If you ask what the Chinese think of missionaries I will quote the following prayer spoken by the Confucian viceroy, Hsi Liang, in the Scotch chapel at Mukden for the hero physician, Doctor Jackson, who died as a voluntary martyr in the pneumonic plague in 1910, and you can answer whether you do not think it eloquently pathetic: “Doctor Jackson, with the heart of your Christ, who died to save the world, came to our aid when we besought him to help our country in its hour of distress. Daily, where the plague lay thickest, amidst the groans of the dying, he struggled to help the stricken to find medicine. Worn out by his efforts the pest seized and took him long before his time. Our sorrow is beyond all measure; our grief too deep for words. Oh! Spirit of Doctor Jackson, we pray you to intercede for the twenty million people in Manchuria, and ask the Lord of Heaven to take away this plague so that we may once more lay our heads in peace upon our pillows. In life you were brave; you, therefore, now are a spirit. Noble Spirit, who gave up your life for us, help us still, look down with sympathy upon us all.”

Y. M. C. A’s. are being built in the treaty ports, largely through American endeavor. The Japanese sphere, Tientsin, etc., are provided for, and the Chicago Y. M. C. A. raised a large sum of money for a Y. M. C. A. in Hongkong. The sailors in Hongkong contribute the third largest amount to their missions (being exceeded only by Wellington and Liverpool) of any port in the world. I am not referring to amounts collected from passengers on steamers, but the support given by the sailors themselves. This shows that Jack Tar and John Celestial recognize the manly and godly worth of the “sky pilot”, even if they pivot many of their jokes on his solemn patience.

Since Morrison’s translation, there have been quite a number of translations into the official Mandarin, and even into Romanized letters expressing the dialects of the southern provinces. This latter Bible can only be understood by mission school pupils. In 1890 the missionary bodies met at Peking and determined to translate the whole Bible into approved characters which idiomatized better certain words which had been improperly understood in former translations. The committee meets once a year at different cities in China. By 1910 the New Testament and the Psalms had been completed, and the whole Bible will probably be completed by 1918. The head translator is the American Presbyterian educator, Doctor Mateer, the founder of Shangtung Union University at Wei Hsien and Tsinan, and the noted Doctor W. A. P. Martin, the author and educator of Peking, is another translator.

Shintoism (the Japanese adaptation of Confucianism) has been found lacking in Japan, as it raises no positive God-fearing sentiment in the masses, no national morality, no individual conscientiousness which can be relied on when the letter of the law fails. This is the rock strength which Christianity has given the West, and the Chinese republicans see what they have missed in not adopting Christianity. On February 9, 1912, the Japanese home minister called a conference of the Buddhist, Confucian (Shinto), and Christian religions, to see what could be done to strengthen Japan’s creeds, so that the state would benefit in that moral and God-fearing power which Christianity has given to the western masses. Christianity makes but one answer to China, and that is to take Christianity and the Bible as a religion and a revelation, and reduce Buddhism, Confucianism and Taoism to the ethical and literary place which Socrates, Plato, Homer, Virgil, etc., occupy in western thought and practise. President Sun Yat Sen, of the Nanking Confederated Assemblies of South China, appreciates this, and has promised the Chinese Christians that he will do all he can in time to form a Chinese Christian church; not a Roman or Greek or American or British church, but a free Chinese Christian church. When China takes the Bible nearest of all books to her heart, and has her own head bishop in each denomination absolutely free, she will then have achieved greatness and glory, and found joy and truth.

The troublesome temperance question of the military canteen has been solved, I think, under severest tropical conditions at Hongkong, where there is a large garrison, and despite well meaning W. C. T. U’s. at home under different conditions, the canteen, where “vice is regulated”, has, I believe, come to stay for a while. At one time the soldier drifted into the slums. He sighed for company as only an alien among the heathen can sigh. He drank bad liquor and was robbed when drugged thereby. That he will drink liquor must be accepted, as he is the rougher sort of man, although worthy for all that. He committed offenses before the tender eye of the public, brought the service into ill repute, and cost the municipality money for trials and police. He endangered international peace, for in his “cups” he was always seeing differences instead of amenities when he met a soldier of another nation. He made himself unfit for real war. The Army and Navy Canteen, or Club, was adopted, I think, largely on Lord Roberts’ suggestion (and who will question “Bob’s” wisdom). The soldier was put on his honor and he rose fully to his opportunity. The sergeants on guard permitted sufficient indulgence, but regulated rows. Most of the men drank less, because they felt that they were drinking in “their own home”, but if they over-drank, their fellows were on hand to see that they were taken to barracks without being dragged through the public streets. Good liquor was supplied. Disease decreased, as the men were contented in barracks. Authority was respected, for it comes as second nature for even a drunken soldier to obey a soldier. The soldier is now never robbed; his life is safe; he saves money, and he drinks less because he drinks “as a gentleman what ’as ’is Club wi’ the best on ’em.” The W. C. T. U. is a necessary theory; the Soldiers’ Canteen of Hongkong, Manila, and Delhi, is a brilliant compromise which should be accepted as a solution until the world is so good that the brave and perhaps rough soldier is needed no more. Candy is sold to the soldiers, as it is found that the absorption of carbohydrates greatly decreases the appetite for alcohol. The Officers’ Army and Navy Cooperative Stores sell goods to men and their families at cost, and the American army is to adopt this method to reduce the cost of living at foreign army posts.

XXIV

LEGAL PRACTISE AND CRIME IN CHINA

Books and articles that have thrown light on this dark question include those of Wu Ting Fang, once minister to America; Mr. Jernigan’s _China in Law_; Sir G. T. Staunton’s _Penal Code_; Sir C. Alabaster’s _Chinese Criminal and Property Law_; Parker’s _Chinese Family Law_; Mayer’s _Chinese Government_; lengthy notes in the _Middle Kingdom_, by the learned American, S. Wells Williams; Dyer Ball’s _Things Chinese_; Professor Giles’ _Historic China_; Sir Henry Maine’s commentaries; and the old _Chinese Repository_. The Hebrew penal code, _Leviticus_, is antedated by the Chinese penal code of Shun’s reign nearly a thousand years. It can not compare, of course, in extent or in lofty principle with the Levitican code. Brutal punishments, such as branding, amputation of members, linchee, bambooing and torture made these early reigns so peaceful that it is said “money lost on the road would be left there until the owner returned to find it”. The truth probably is that this referred to the prince’s money, and that if injustice was done the common man, the inferior serf or slave, by the prince or the powerful, the weaker had to whistle for his judgment as long then as he has had to do in subsequent periods of history. Each change of dynasty brought in a revision of the code, not that it was made more humane, but that there were necessary items of _lèse majesté_ to add. For instance, the Manchus required that when the emperor passed at night, every onlooker (all except the soldiers were kept indoors) was required to turn _volte-face_ on pain of death. There was no procedure for revoking a statute. The judge could unexpectedly spring on the victim some precedent or law that was followed in the “year one”, and the prisoner could plead in vain that another law of the “year two” gave him a better chance. In other words, the mandarin practically said with one of Louis Fourteenth’s judges, to litigants: “_La loi, c’est moi_”, and he interpreted the code as he wished! United protest to the Peking censors, mobbing and refusal to pay taxes were in reality the only reprisals that the people could exert against the exactions of an unjust judge. Confucius, in rendering service as a ruler in two states, interpreted codes. One of the states, the Tsin (B. C. 246), shortly after Confucius, put in effect the Li Kwai code in six books. Codes of the following important dynasties exist: Han, Tsin, Tang, Sung, Yuan, Ming and Tsing (Manchu).

The Grecian Thebes, of which Sophocles wrote, was notorious for its torture of suspected criminals, and Herodotus relates that the ancient Medes exercised similar practises. The “third degree” is outrageously developed in China as in no other country, the law requiring confessions in every case before penalty is inflicted. “_More Sinico_”, the pepper is rubbed in the eyes, and the confession is forced out of whomsoever is made the victim. Crimes are often “planted”, and blackmail of the weaker by the stronger runs riot. The laws themselves have been noted for their conciseness and simplicity, the number of volumes signifying little as the Chinese ideograph-text is expansive. “It is prohibited to murder”; “It is prohibited to trespass”, etc. There is imperfect codification of precedents and decisions, so that the prisoner must rely on himself (or on money!) to explain that the homicide was in self-defense; the trespass to escape from a mad dog. The spirit is always above the letter; it alone makes perfect law possible. Where there is a will to do right, right generally prevails, and it may be said that many of the Chinese judges try to do right, get at the truth, and give a common-sense judgment, for they are not iron-bound as the Occident is under appeal, precedent, quibble and evasion; the letter above the spirit. If the case is an action within a clan, the “hsiang lao” (old man of the village) generally assists the judge in getting at the truth. If the action is between two clans of two villages, or between competing guilds, God help the judges in sifting the truth from the lies! Such situations arouse the sympathy of disinterested foreigners for Chinese judges. Sometimes the native is not at fault, as the Chinese viceroys and Foreign Boards have often complained that some of the Romanists and one legation have interfered to a greater or lesser degree when a nominal Christian, who had a suit at law, was trying to evade justice by enrolling himself as a “rice Christian”.

The frequent edicts of the throne, published in the Peking _Gazette_, at once became laws, such as: “It is prohibited to smoke opium;” “It is prohibited to bind feet,” etc. Law will now be enunciated as in America, by the central and provincial legislatures of the new republic. A sort of martial law now prevails, and the provinces, after a quick drum-head trial, are shooting or lopping off the heads of pirates and mutinous soldiers in great numbers. Decapitation, flogging, torture, strangling, stocks, cangue, etc., will all probably be retained, as the Chinese are stolid when it comes to bearing pain, and the criminal classes must be treated with severity. Linchee, or Ling Chih (cutting into a thousand pieces) may be discontinued and shooting substituted. If, however, Confucianism remains as the leading religion, decapitation will be continued. The Confucians loathe the severing of the head, and this punishment is a powerful deterrent of crime. Imprisonment in a modern jail is no punishment for a hard-working Chinese, and something else must be substituted, such as the state impressing the convict’s free labor, to offset the convict’s family becoming a charge on the clan or state. It has been found in Yunnan City, Kweilin City and elsewhere that a modern jail, with good food and sanitary conditions, induces the poor wretches to commit crimes so as to achieve permanent incarceration as quickly as possible! As in the French system, the old-style Chinese judge is also often the prosecutor, and witnesses and accused are made to fight it out in the hearing of the judge, so that as the frequent “lie” is passed, the truth may jump from the tossed bag! (_Confronter les témoins à l’accusé._) The twenty-eight volumes of the Manchu code cover general, civil, finance, military, criminal and public works law.

The following, taken from the Shanghai _Shen Pao_, of August 29 and 30, 1911, the oldest and most reliable native paper of China, will illustrate the “third degree” methods used by the old literati judges of the Manchus, and incidentally the astonishing endurance of the Chinese, who from time immemorial have lived outdoor lives and whose hearts have incredible powers of recovery. “The murderer, Hsu, was brought before the assistant magistrate Chung on August 27th for a final trial. The magistrate ordered the clerk to read the confession of the murderer (procured by torture in the native walled city of Shanghai), who said it was incorrect in one statement. The assistant magistrate consented to the correction. When City Magistrate Tien learned of this, he ordered Hsu to be whipped. Up to three hundred strokes no groan escaped from Hsu. At this Tien was angered and called to the torturers to strike heavily. Hsu was now whipped so cruelly that his flesh was cut from his back, and some muffled groans were heard. When five hundred strokes had been administered, he was again asked to confess or suffer pain. As he was still obstinate the magistrate ordered him to receive eight hundred strokes of the bamboo. He was now subjected to the most inhuman kind of torture, that in which the prisoner kneels on an iron chain, while two yamen runners stand upon a wooden beam laid across the back of his legs. As Hsu stood even this torture, he was strung up by his fingers and queue on a scaffold. Hsu cried out that he would not be kicked by the runners. The magistrate was now very angry. He ordered Hsu to be stretched upon the weighing machine (which gradually pulls the victim apart). The man fainted, but when he recovered he would not confess. The scaffold was again requisitioned, and he was strung up again by fingers and queue. He struggled and his queue of hair parted from his head. Next day, he was made to kneel on the iron chain under two men for two hours. When he was about to faint, the two runners picked him up and ran him about to restore his heart action. Alternately they put him upon the chain and restored his circulation. He then cried out: ‘Why should I sign two confessions; I have but to die.’ He was ordered to receive four hundred strokes of the bamboo. The magistrate Tien threatened to persecute the victim’s wife and son. Hsu now relapsed into a fever which has been running two days.”

The Chinese when in a rage (chih) is not a knife-user as are the southern races of Europe, but a hair or queue-puller. Now that the queue is being severed in China, he will probably take to kicking or boxing, in the French and Anglo-Saxon methods, in expressing his temper.

The social adjuster, or peace-talker, is a well-known institution, more generally employed within the hsiang (village) and guild, than the law. “To go to law is to put one’s estate in the ditch and one’s soul in hell,” is one of their sayings. Therefore, the importance of first engaging the services of the adjuster, or second, to meet the second of the offender, rather than to enter suit, and get into the hands of lawyers, court runners, grasping judges, etc. This heathen adjuster answers to the work that the lay deacon may have done in the early Christian church, in settling cases out of court. It is an institution that might well be copied from China in these days of criticism of the bench and bar by such authorities as Ex-presidents Roosevelt and Taft, and Mr. Bryan. The Chinese adjuster puts the case before, and settles it in accord with, public opinion, without any idea of fee; and certainly public opinion is a better judge than the law whose justice is built too much on fees, appeals and the maintenance of a large set of pettifoggers who live on the woes and ill temper of the unfortunate. In the revision of the Chinese code by Wu Ting Fang, Wang Chung Wei (educated at Yale), etc., long life to the social adjuster, the village Solon, whose ways are ways of peace, but whose path is not one of pleasantness! We have said that authorities have castigated the bar in China and America. Here is what Cicero said of Rome (the mother of laws) in the “Murena” oration: “For though many things have been settled excellently by the laws, yet most of them have been depraved and corrupted by the talkatively litigious genius of lawyers.”

The method of “planting” forged evidence is met with in China where a powerful enemy wishes to ruin some victim. The Yuen Fung Yuen Bank, of Bonham Strand, is one of the largest native banks in Hongkong, in which colony it is illegal to import opium except through the Farm, which pays the government a large royalty. This valuable drug passes almost at bullion value. Anonymous information was sent to the Farm contractor that at 8:00 P. M. the bank would receive illicit opium. Detectives were put in ambuscade. At the hour mentioned a coolie bearing a basket rapped at the bank’s door and shouted: “A letter for you.” Then he ran, but was caught. An examination revealed a tin of opium at the bottom of a basket of eggs. Investigation disclosed the whole thing as a “plant” prepared by an old enemy of the Yuen Fung Bank. In the same way bodies of the dead and murdered are often secretly placed at the doors of innocent victims, and as much motive as possible is prepared so as to get them in trouble with law and popular indignation. In years now happily passed missionaries have been bothered in this way by “Boxer” conspirators.

The Chinese code provides that all deeds shall bear the stipulation that “the land was first offered to the seller’s kinsmen, who refused to buy.” When a deed is lost, the Mandarin can issue a duplicate deed on presentation of the last tax receipt and tax receipts themselves are transferred in place of lost deeds.

In 313 B. C. the state of Tsi (present Shangtung Province) broke up its half of a wooden tablet containing part of the agreement with the state of Tsu (present Hupeh Province). These halves fitted into each other, and beyond any possibility of substitution proved the genuineness of the record. An old book called the _Si Yuen_ (washing the pit), used in connection with the criminal code, prescribes the method of ascertaining whether death was caused by blows or was natural. A clay pit is heated white, the ashes are dug out, and wine is poured in. The body is then placed on a cradle in the pit, and a roof of tiles is placed over the pit’s mouth. If the fumes of the rice alcohol bring out the marks, even on a partly decayed body, the murderer is searched for. Other books relate that if a body is thrown into the water after death, it will not show distended stomach, hair stuck to head, or foam in mouth; the hands and feet will not be stiff, or the soles of the feet white. Their criminologists also write that if a body is thrown into a fire after death, there will be no burning or ashes in the throat and nostrils. The Chinese of the old time were rather clever investigators of crime.