Chapter 5
Everybody who has frequented the narrow, dirty streets of a Chinese town must be familiar with one figure, unusually striking where all is novel and much is grotesque. It is that of an old man, occasionally white-bearded, wearing a pair of enormous spectacles set in clumsy rims of tortoiseshell or silver, and sitting before a small table on which are displayed a few mysterious-looking tablets inscribed with characters, paper, pencils, and ink. We are in the presence of a fortune-teller, a seer, a soothsayer, a vates; or better, a quack who trusts for his living partly to his own wits, and partly to the want of them in the credulous numskulls who surround him. These men are generally old, and sometimes blind. Youth stands but a poor chance among a people who regard age and wisdom as synonymous terms; and it seems to be a prevalent belief in China that those to whom everything in the present is a sealed book, can for this very reason see deeper and more clearly into the destinies of their fellows. It is not until age has picked out the straggling beard with silver that the vaticinations of the seer are likely to spread his reputation far beyond the limits of the street in which he practises. Younger competitors must be content to scrape together a precarious existence by preying on the small fry which pass unheeded through the meshes of the old man's net. Just as there is no medical diploma necessary for a doctor in China, so any man may be a fortune-teller who likes to start business in that particular line. The ranks are recruited generally from unsuccessful candidates at the public examinations; but all that is really necessary is the minimum of education, some months' study of the art, and a good memory. For there really are certain principles which guide every member of the fraternity. These are derived from books written on the subject, and are absolutely essential to success, or nativities cast in two different streets would be so unlike as to expose the whole system at once. The method is this. A customer takes his seat in front of the table and consults the wooden tablet on which is engraved a scale of charges as follows:--
Foretelling any single event . . . . . . . . 8 cash Foretelling any single event with joss-stick, 16 cash Telling a fortune . . . . . . . . . . . . . . 28 cash Telling a fortune in detail . . . . . . . . . 50 cash Telling a fortune by reading the stars . . . 50 cash Fixing the marriage day . . . . . . . According to agreement
In case he merely wants an answer on a given subject, he puts his question and receives the reply at once on a slip of paper. But if he desires to have his fortune told, he dictates the year, month, day, and hour of his birth, which are written down by the sage in the particular characters used by the Chinese to express times and seasons. From the combinations of these and a careful estimate of the proportions in which the five elements--gold, wood, water, fire, and earth--make their appearance, certain results are deduced upon which details may be grafted according to the fancy of the fortune-teller. The same combinations of figures, i.e., characters, will always give the same resultant in the hands of any one who has learned the first principles of his art; it is only in the reading, the explanation thereof, that any material difference can be detected between the reckonings of any two of these philosophers, which amounts to saying that whoever makes the greatest number of happy hits beyond the mere technicalities common to all, is esteemed the wisest prophet and will drive the most flourishing trade.
Fully believing in the Chinese household word which says "Ignorance of any one thing is always one point to the bad," we have several times read our destiny through the medium of some dirty old Chinaman. On the last occasion we received the following advice in return for our 50 cash, paid as per tablet for a destiny in detail:--"Beware the odd months of this year: you will meet with some dangers and slight losses. Three male phoenixes (sons) will be accorded to you. Your present lustrum is not a fortunate one; but it has nearly expired, and better days are at hand. Fruit cannot thrive in the winter. (We had placed our birthday in the 12th moon.) Conflicting elements oppose: towards life's close prepare for trials. Wealth is beyond your grasp; but nature has marked you out to fill a lofty place." How the above was extracted from the eight characters which represented the year, month, day, and hour of our birth, is made perfectly clear by a sum showing every step in the working of the problem, though we must confess it appeared to us a humbugging jumble, the most prominent part of which was the answer. We found among other things that _earth_ predominated in the combination: hence our inability to grasp wealth. _Water_ was happily deficient, and on this datum we were blessed in anticipation with three sons, to say nothing of daughters.
And this is the sort of trash that is crammed down the throats of China's too credulous children--the "babies," as the Mandarins are so fond of calling them. For this rubbish they freely spend their hard-earned wages, consulting some favourite prophet on most of their domestic and other affairs with the utmost gravity and confidence. Few Chinamen make a money venture without first applying to the oracle, and certainly never marry without arranging a lucky day for the event. Ignorance and credulity combine to support a numerous class of the most consummate adepts in the art of swindling; the supply, however, is not more than adequate to the demand, albeit they swarm in every street and thoroughfare of a Chinese city.
GAMES AND GAMBLING
Chinamen suffer horribly from _ennui_--especially the first of the four classes into which the non-official world has been subdivided.[*] They have no rational amusements wherewith to fill up the intervals of work. They hate physical exercise; more than that, they despise it as fit only for the ignorant and low. Yet they have not supplied its place with anything intellectual, and the most casual observer cannot fail to notice that China has no national game. Fencing, rowing, and cricket, are alike unknown; and archery, such as it is, claims the attention chiefly of candidates for official honours. Within doors they have chess, but it is not the game Europeans recognise by that name, nor is it even worthy of being mentioned in the same breath. There is also another game played with three hundred and sixty black and white pips on a board containing three hundred and sixty-one squares, but this is very difficult and known only to the few. It is said to have been invented by His Majesty the Emperor Yao who lived about two thousand three hundred and fifty years before Christ, so that granting an error of a couple of thousand years or so, it is still a very ancient pastime. Dominoes are known, but not much patronised; cards, on the other hand, are very common, the favourite games being those in which almost everything is left to chance. As to open-air amusements, youths of the baser sort indulge in battledore and shuttlecock without the battledore, and every resident in China must have admired the skill with which the foot is used instead, at this foot-shuttlecock game. Twirling heavy bars round the body, and gymnastics generally, are practised by the coolie and horse-boy classes; but the disciple of Confucius, who has already discovered how "pleasant it is to learn with a constant perseverance and application,"[+] would stare indeed if asked to lay aside for one moment that dignified carriage on which so much stress has been laid by the Master. Besides this, finger-nails an inch and a half long, guarded with an elaborate silver sheath, are decidedly _impedimenta_ in the way of athletic success. No,--when the daily quantum of reading has been achieved, a Chinese student has very little to fall back upon in the way of amusement. He may take a stroll through the town and look in at the shops, or seek out some friend as _ennuye_ as himself, and while away an hour over a cup of tea and a pipe. Occasionally a number of young men will join together and form a kind of literary club, meeting at certain periods to read essays or poems on subjects previously agreed upon by all. We heard of one youth who, burning for the poet's laurel, produced the following quatrain on _snow_, which had been chosen as the theme for the day:--
The north-east wind blew clear and bright, Each hole was filled up smooth and flat: The black dog suddenly grew white, The white dog suddenly grew--
"And here," said the poet, "I broke down, not being able to get an appropriate rhyme to _flat_." A wag who was present suggested _fat_, pointing out that the dog's increased bulk by the snow falling on his back fully justified the meaning, and, what is of equal importance in Chinese poetry, the antithesis.
[*] Namely, (1) the literati, (2) agriculturists, (3) artisans, and (4) merchants or tradesmen.
[+] The first sentence of the Analects or Confucian Gospels.
Riddles and word-puzzles are largely used for the purpose of killing time, the nature of the written language offering unlimited facilities for the formation of the latter. Chinese riddles, by which term we include conundrums, charades, _et hoc genus omne_, are similar to our own, and occupy quite as large a space in the literature of the country. They are generally in doggerel, of which the following may be taken as a specimen, being like the last a word-for-word translation:--
Little boy red-jacket, whither away? To the house with the ivory portals I stray. Say will you come back, little red-coat, again? My bones will return, but my flesh will remain.
In the present instance the answer is so plain that it is almost insulting to our readers to mention that it is "a cherry," but this is by no means the case with all Chinese riddles, many being exceedingly difficult of solution. So much so that it is customary all over the Empire to copy out any particularly puzzling conundrum on a paper lantern, and hang it in the evening at the street door, with the promise of a reward to any comer who may succeed in unravelling it. These are called "lamp riddles," and usually turn upon the name of some tree, fruit, animal, or book, the direction in which the answer is to be sought being usually specified as a clue.
Were it only in such innocent pastimes as these that the Chinese indulged, we might praise the simplicity of their morals, and contrast them favourably with the excitement of European life. But there is just one more little solace for leisure, and too often business hours, of which we have not yet spoken. Gambling is, of course, the distraction to which we allude; a vice ten times more prevalent than opium-smoking, and proportionately demoralising in its effect upon the national character. In private life, there is always some stake however small; take it away, and to a Chinaman the object of playing any game goes too. In public, the very costermongers who hawk cakes and fruit about the streets are invariably provided with some means for determining by a resort to chance how much the purchaser shall have for his money. Here, it is a bamboo tube full of sticks, with numbers burnt into the concealed end, from which the customer draws; at another stall dice are thrown into an earthenware bowl, and so on. Every hungry coolie would rather take his chance of getting nothing at all, with the prospect of perhaps obtaining three times his money's worth, than buy a couple of sausage-rolls and satisfy his appetite in the legitimate way. The worst feature of gambling in China is the number of hells opened publicly under the very nose of the magistrate, all of which drive a flourishing trade in spite of the frequent _presents_ with which they are obliged to conciliate the venal official whose duty it is to put them down. To such an extent is the system carried that any remissness on the part of the keepers of these dens in conveying a reasonable share of the profits to his honour's treasury, is met by _a brutum fulmen_ in the shape of a proclamation, setting forth how "it having come to my ears that, regardless of law, and in the teeth of my frequent warnings, certain evil-disposed persons have dared to open public gambling-houses, be it hereby made known," &c., &c., the whole document being liberally interspersed with allusions to the men of old, the laws of the reigning dynasty, and filial piety _a discretion_. The upshot of this is that within twenty-four hours after its appearance his honour's wrath is appeased, and croupiers and gamblers go on in the same old round as if nothing whatever had happened.
JURISPRUDENCE
Law,[*] as we understand the term, with all its paradoxes and refinements, is utterly unknown to the Chinese, and it was absolutely necessary to invent an equivalent for the word "barrister," simply because no such expression was to be found ready-made in the language. Further, it would be quite impossible to persuade even the most enlightened native that the Bar is an honourable profession, and that its members are men of the highest principles and integrity. They cannot get it out of their heads that western lawyers must belong to the same category as a certain disreputable class among themselves, to be met with in every Chinese town of importance, and generally residing in the vicinity of a magistrate's or judge's yamen. These fellows are always ready to undertake for a small remuneration the conduct of cases, in so far as they are able to do this by the preparation of skilfully-worded petitions or counter-petitions, and by otherwise giving their advice. Of course they do not appear in court, for their very existence is forbidden, but their services are largely availed of by the people, especially the poor and ignorant. At the trial, prosecutor and accused must each manage his own case, the magistrate himself doing all the cross-examination. We say _prosecutor_ and _accused_ advisedly, for as a matter of fact civil cases are rare in China, such questions as arise in the way of trade being almost invariably referred to some leading guild, whose arbitration is accepted without appeal. Now, we know of no such book as "Laws of Evidence" in the whole range of Chinese literature; yet we believe firmly that the intellects which adorn our own bench are not more keen in discriminating truth from falsehood, and detecting at a glance the corrupt witness, than the semi-civilised native functionary --that is, when no silver influences have been brought to bear upon his judgment. The Chinese have a penal code which, allowing for the difference in national customs and habits of thought, stands almost unrivalled; and with this solitary work their legal literature begins and ends. It is regarded by the people as an inspired book, though few know much beyond the title, and seems to answer its purpose well.
[*] Civil law.
But inasmuch as in China as elsewhere _summum jus_ is not infrequently _summa injuria_, a clever magistrate never hesitates to set aside law or custom, and deal out Solomonic justice with an unsparing hand, provided always he can shew that his course is one which _reason_ infallibly dictates. Such an officer wins golden opinions from the people, and his departure from the neighbourhood is usually signalised by the presentation of the much-coveted testimonial umbrella. In the reign of the last Emperor but one, less than twenty years ago, there was an official of this stamp employed as "second Prefect" in the department of Han-yang. Many and wonderful are the stories told of his unerring acumen, and his memory is still fondly cherished by all who knew him in his days of power. We will quote one from among numerous traditions of his genius which have survived to the present day.
A poor man, passing through one of the back thoroughfares in Hankow, came upon a Tls. 50[*] note lying in the road and payable to bearer. His first impulse was to cash it, but reflecting that the sum was large and that the loser might be driven in despair to commit suicide, the consequences of which might be that he himself would perhaps get into trouble, he determined to wait on the spot for the owner and rest content with the "thanks money" he was entitled by Chinese custom to claim as a right. Very shortly he saw a stranger approaching, with his eyes bent on the ground, evidently in search of something; whereupon he made up to him and asked at once if anything was the matter. Explanations followed, and the Tls. 50 note was restored to its lawful possessor, who, recovering himself instantaneously, asked where the other one was, and went on to say that he had lost _two_ notes of the same value, and that on recovery of the other one he would reward the finder as he deserved, but that unless that was also forthcoming he should be too great a loser as it was. His benefactor was protesting strongly against this ungenerous behaviour when the "second Prefect" happened to come round the corner, who, seeing there was a row, stopped his chair, and inquired there and then into the merits of the case. The result was that he took the Tls. 50 note and presented it to the honest finder, telling him to go on his way rejoicing; while, turning to the ungrateful loser, he sternly bade him wait till he met some one who had found _two_ notes of that value, and from him endeavour to recover his lost property.
[*] Fifty taels, equal to about 15 pounds.
JURISPRUDENCE, NO. II
From the previous sketch it may readily be gathered that the state of Chinese law, both civil[*] and criminal, is a very important item in the sum of those obstacles which bar so effectually the admission of China--not into the cold and uncongenial atmosphere euphuistically known as the "comity of nations"--but into closer ties of international intercourse and friendship on a free and equal footing. For as long as we have ex-territorial rights, and are compelled to avail ourselves thereof, we can regard the Chinese nation only _de haut en bas_; while, on the other hand, our very presence under such, to them abnormal conditions, will continue to be neither more or less than a humiliating eye-sore. Till foreigners in China can look with confidence for an equitable administration of justice on the part of the mandarins, we fear that even science, with all its resources, will be powerless to do more than pave the way for that wished-for moment when China and the West will shake hands over all the defeats sustained by the one, and all the insults offered to the other.
[*] That is, local custom.
It is in the happily unfrequent cases of homicide where a native and a foreigner play the principal parts, that certain discrepancies between Chinese and Western law, rules of procedure and evidence, besides several other minor points, stand out in the boldest and most irreconcilable relief. To begin with, the Penal Code and all its modifications of murder, answering in some respects to our distinction between murder and manslaughter, is but little known to the people at large. Nay, the very officials who administer these laws are generally as grossly ignorant of them as it is possible to be, and in every judge's yamen in the Empire there are one or two "law experts," who are always prepared to give chapter and verse at a moment's notice,--in fact, to guide the judge in delivering a proper verdict, and one such as must meet with the approbation of his superiors. The people, on the other hand, know but one leading principle in cases of murder--a life for a life. Under extenuating circumstances cases of homicide are compromised frequently enough by money payments, but if the relatives should steadily refuse to forego their revenge, few officials would risk their own position by failing to fix the guilt somewhere. As a rule, it is not difficult to obtain the conviction and capital punishment of any native, or his substitute, who has murdered a foreigner, and we might succeed equally well in many instances of justifiable homicide or manslaughter: it is when the case is reversed that we call down upon our devoted heads all the indignation of the Celestial Empire. Of course any European who could be proved to have murdered a native would be hanged for it; but he may kill him in self-defence or by accident, in both of which instances the Chinese would clamour for the extreme penalty of the law. Further, _hearsay_ is evidence in a Chinese court of justice, and if several witnesses appeared who could only say that some one else told them that the accused had committed the murder, it would go just as far to strangling or beheading him, as if they had said they saw the deed themselves. The accused is, moreover, not only allowed to criminate himself, but no case being complete without a full confession on the part of the guilty man, torture might be brought into play to extort from him the necessary acknowledgment. It is plain, therefore, that Chinese officials prosecuting on behalf of their injured countrymen, are quite at sea in an English court, and their case often falling through for want of proper evidence, they return home cursing the injustice done to them by the hated barbarians, and longing for the day which will dawn upon their extermination from the Flowery Land.
On the other hand, the examination of Chinese witnesses, either in a civil or criminal case, is one of the most trying tests to which the forbearance of foreign officials is exposed in all the length and breadth of their intercourse with the slippery denizens of the middle kingdom. Leaving out of the question the extreme difficulty of the language, now gradually yielding to methodical and persevering study, the peculiar bent of the Chinese mind, with all its prejudices and superstitions, is quite as much an obstacle in the way of eliciting truth as any offered by the fantastic, but still amenable, varieties of Chinese syntax. We believe that native officials have the power, though it does not always harmonise with their interests to exercise it, of arriving at as just and equitable decisions in the majority of cases brought before them, as any English magistrate who knows "Taylor's Law of Evidence" from beginning to end. They accomplish this by a knowledge of character, unparalleled perhaps in any country on the globe, which enables them to distinguish readily, and without such constant recourse to torture as is generally supposed, between the false and honest witness. The study of mankind in China is, beyond all doubt--man and his motives for action on every possible occasion, and under every possible condition. Thus it is, we may remark, that the Chinese fail to appreciate the efforts made for their good by missionaries and others, because the motives of such a course are utterly beyond the reach of native investigation and thought. They are consequently suspicious of the Greeks--_et dona ferentes_. The self-denial of missionaries who come out to China to all the hardships of Oriental life--though, as a facetious writer in the _Shanghai Courier_ lately remarked, they live in the best houses, and seem to lead as jolly lives as anybody else out here--to say nothing of gratuitous medical advice and the free distribution of all kinds of medicine--all this is entirely incomprehensible to the narrow mind of the calculating native. Their observations have been confined to the characters and habits of thought which distinguish their fellow-countrymen, and with the result above-mentioned; of the European mind they know absolutely nothing.