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.

This scene was presented outside the west gate of Tientsin one

October day in 1870 after the massacre at the French convent. The

French compelled Li Hung Chang to give them satisfaction. Li held the

execution at dawn so that a mob might not gather. The criminals were

flattered as martyrs. None of them was bound. New silk clothes, fine

shoes and the ornaments of females were put upon them. Arriving at the

execution ground, they were given opium. They shouted to the crowd,

“Are we showing a shamed face?” And the answer came back: “No.” “Call

us brave lads for being given to the foreigners as a sacrifice,” they

cried again. A shout of approval came back. Then they sang a war song,

and while their relatives cried, they knelt and stretched out their

own necks before the blow of the heavy, short, mercury-loaded Taifo

sword of the executioner. The shedding of a cock’s blood, even in the

British courts of Hongkong, when an oath is taken, is a survival of

the ancient Chinese custom, practised in Confucius’ day (550 B. C.),

when the ministers of the various states of Lu, Wu, Tsin, etc., had

a criminal killed, and wetting their lips with his blood, took oath

to keep the treaty, which was inscribed on wood, each party taking a

broken portion. The following incident will throw a flashlight on a

section of Chinese legal practise, just previous to the revolution of

1911. It is well known that Wu Ting Fang, two and a half years before

the revolution, had revised and modernized the Chinese code, but it was

not even in part put in practise before the revolution. In Tungkadoo, a

town of Kiangsu province, a bonze (priest) murdered a fellow-bonze and

confessed under third-degree torture. The native authorities brought

him to Shanghai to be strangled, but the chief bonze, with headquarters

at Chingkiang, requested that the criminal should be turned over to him

to be burned to death according to the code of the Order. Cremation of

dead bodies was more common in China when Marco Polo visited the land

than it is now, though it is practised in the Honan Island section of

Canton.

It is probable that not for some years will the punishments of

flogging, neck cangue and stocks be removed from the revised Chinese

code. These punishments, involving public “loss of face,” are abhorred

by the Chinese, and while they are somewhat barbaric, they are

effective deterrents of crime in China. They were both revived by the

British government of Hongkong in dealing with native offenders during

the turbulent times of the 1911–12 revolution, when it was found that

hard labor, jail sentences and fines were laughed at by the immense

Chinese population of the island colony. Greece, as long ago as 330

B. C., had borrowed the cangue from China, and Demosthenes, in the

_Oration On the Crown_, can think of no way so effective to damage his

accuser, Aeschines, than to mention that the latter’s father had to

wear a zulon (cangue) as a punishment for thievery. Chien Shao Cheng,

of the Justice Department, Peking, has visited American prisons and

studied foreign penal methods.

An “Investigating and Arresting Department” is the name by which one

of the Manchu courts at Canton went. It employed detectives, and the

taotai (mayor) did not disguise the fact that the court resorted to

“third degree” tortures. This was one of the many things which made

followers for the reformers. Banishment cases are constantly coming

up. The prisoner who will not or can not depart to another country or

province is put in the stocks for four hours a day for a year, and the

remainder of the day he spends at hard labor. Strangling in cages was

in vogue at Canton in the last days of the Manchu reign, orders having

come from Peking in September, 1911, that the coolie who attempted to

assassinate Admiral Li should be suspended by the neck in a bottomless

cage. In the yamen at Chingtu City stands a stone tablet bearing the

word Sha (kill), erected by the Shansi marauder, Chang Hien Chung, who

massacred the Szechuenese, who supported the native Ming emperors. The

stone remained as a threat to be used by the Manchu mandarins on behalf

of the Ta Ching dynasty. The Ministry of Justice under the Manchu

régime ordered the viceroys and governors to prohibit foreigners from

unnecessarily being present in court.

On account of the scarcity of foreign population, the Hongkong jury

consists of seven and the Shanghai jury of five. There is constant

argument between the Chinese press and the English press of the treaty

ports in China on the subject of “mixed” courts in which foreigners

sit. China is writing a reformed code in which Wu Ting Fang had a hand,

and in which the new minister, Wong Chun Hui, is interested, and is

pressing forward to the day when at least she will try all Chinese,

including those who have injured foreigners in settlements. The

newspaper argument will do good instead of harm. In 1899 Japan ceased

to allow her citizens to be tried under foreign law, and even began

to try foreigners under Japanese law. On the subject of trusts and

directorial responsibility, I have seen in the Tientsin _Ching Wei Pao_

a plea that employés be not fined and imprisoned for corporate faults,

but that those who make the money (directors and shareholders) bear the

responsibility. China is, and has always been, a frank sociological

thinker.

China Revolutionized · 第 34 / 42 段