Torture is commonly supposed to be practised by Chinese officials upon
each and every occasion that a troublesome criminal is brought before
them. The known necessity they are under of having a prisoner's
confession before any "case" is considered complete, coupled with some
few isolated instances of unusual barbarity which have come to the
notice of foreigners, has probably tended to foster a belief that such
scenes of brutality are daily enacted throughout the length and
breadth of China as would harrow up the soul of any but a soulless
native. The curious part of it all is that Chinamen themselves regard
their laws as the quintessence of leniency, and themselves as the
mildest and most gentle people of all that the sun shines upon in his
daily journey across the earth--and back again under the sea. The
truth lies of course somewhere between these two extremes. For just as
people going up a mountain complain to those they meet coming down of
the bitter cold, and are assured by the latter that the temperature is
really excessively pleasant--so, from a western point of view certain
Chinese customs savour of a cruelty long since forgotten in Europe,
while the Chinese enthusiast proudly compares the penal code of this
the Great Pure dynasty with the scattered laws and unauthorised
atrocities of distant and less civilised ages.
The Han dynasty which lasted from about B.C. 200 to A.D. 200 has been
marked by the historian as the epoch of change. Before that time
punishments of all kinds appear to have been terribly severe, and the
vengeance of the law pursued even the nearest and most distant
relatives of a criminal devoted perhaps to death for some crime in
which they could possibly have had no participation. It was then
determined that in future only rebellion should entail extirpation
upon the families of such seditious offenders, and at the same time
legal punishments were limited to five, viz.: bambooing of two degrees
of severity, banishment to a certain distance for a certain time or
for life, and death. These were, however, frequently exceeded by
independent officers against whose acts it would have been vain to
appeal, and it was not until the Sui dynasty (589-618 A.D.) that
mutilation of the body was absolutely forbidden. It may, indeed, be
said to have survived to the present day in the form of the "lingering
death" which is occasionally prescribed for parricides and matricides,
but that we now know that this hideous fate exists only in words and
form. When it was first held to be inconsistent with reason to mete
out the same punishment to a highway robber who kills a traveller for
his purse, and to the villain who takes away life from the author of
his being, a distinction was instituted accordingly, but we can only
rest in astonishment that any executioner could be found to put such a
horrible law into execution as was devised to meet the requirements of
the case. First an arm was chopped off, then the other; the two legs
in the same way. Two slits were made transversely on the breast, and
the heart was torn out; decapitation finished the proceedings. Now, a
slight gash only is made across each collar-bone, and three gashes
across the breast in the shape of the character meaning _one
thousand_, and indicative of the number of strokes the criminal ought
properly to have received. Decapitation then follows without delay.
The absurd statement in the Shanghai _Daily News_ of the 16th January
last, that this punishment "is the most frightful inflicted, even in
any of the darkest habitations of cruelty, at the present day," is
utterly unworthy of that respectable journal, but only of a piece with
the general ignorance that prevails among foreigners generally on
topics connected with China and the Chinese. At the same time, it may
fairly be pleaded that the error in question was due to
disingenuousness on the part of the translator from the _Peking
Gazette_ who, mentioning that such a sentence had been lately passed
upon two unhappy beings, adds that, "they have been publicly sliced to
death accordingly, with the usual formalities,"--which certainly might
lead a mere outsider to conclude that the horrible decree had actually
been put into execution. We may notice in passing that this so-called
"lingering death" is now almost invariably coupled with the name of
some poor lunatic who in a frenzy of passion has killed either father
or mother, sometimes both. Vide _Peking Gazette_, two or three times
every year. This is one of those pleasant fictions of Chinese official
life, which every one knows and every one winks at. In nine cases out
of ten, the unhappy criminal is not mad at all; but he is always
entered as such in the report of the committing magistrate, who would
otherwise himself be exposed to censure and degradation for not having
brought his district to estimate at their right value the five[*]
cardinal relationships of mankind.
[*] Between, (1) sovereign and subject, (2) husband and wife, (3)
parent and child, (4) brothers, and (5) friends.
Under the present dynasty the use of torture is comparatively rare,
and mutilation of the person quite unknown. Criminals are often thrust
into filthy dungeons of the most revolting description, and are there
further secured by a chain; but except in very flagrant cases,
ankle-beating and finger-squeezing, to say nothing of kneeling on
chains and hanging up by the ears, belong rather to the past than to
the present. The wife and children of a rebel chief may pass their
days in peace and quietness; innocent people are no longer made to
suffer with the guilty. A criminal under sentence of death for any
crime except rebellion may save his life and be released from further
punishment, if he can prove that an aged parent depends upon him for
the necessaries of daily existence. The heavy bamboo, under the
infliction of which sufferers not uncommonly died, has given place to
the lighter instrument of punishment, which may be used severely
enough for all practical purposes while it does not endanger life. The
Emperor K'ang Hsi, whose name is inseparably connected with one of the
most valuable lexicons that have ever been compiled, forbade bambooing
across the upper part of the back and shoulders. "Near the surface,"
said this benign father of his people, "lie the liver and the lungs.
For some trivial offence a man might be so punished that these organs
would never recover from the effects of the blows." The ruling system
of bribery has taken away from the bamboo its few remaining terrors
for those whose means are sufficient to influence the hand which lays
it on. Petty offences are chiefly expiated by a small payment of money
to the gaoler, who lets the avenging bamboo fall proportionately
light, or assists the culprit by every means in his power to shirk the
degradation and annoyance of a week in the cangue.[*] These two are
the only ordinary punishments we hear much about; torture, properly so
called, is permitted under certain circumstances, but rarely if ever
practised.
[*] A heavy wooden collar, taken off at night only if the sentence is
a long one, or on payment of a bribe.
In further support of this most heterodox position, we beg to offer a
translation of two chapters from "Advice to Government Officials," a
native work of much repute all over the Empire:--
"CHAPTER V.
"The infliction of the bamboo is open to abuse in various ways.
For instance, the knots in the wood may not have been smoothed
off; blows may be given inside the joints, instead of above the
knees; the tip end instead of the flat of the bamboo may be used;
each stroke may be accompanied by a drawing movement of the hand,
or the same spot may be struck again after the skin has been
broken, whereby the suffering of the criminal is very much
increased. Similarly, the 'squeezing' punishment depends entirely
for its severity on the length of the sticks employed, whether
these are wet or dry, as well as upon the tightness of the string.
Such points should be carefully looked to by the magistrate
himself, and not left to his subordinates. At the time of
infliction still greater precautions should be taken to prevent
the possibility of any accident, and where the offence was
committed under venial circumstances, some part of the punishment
may be remitted if it is considered that enough has already been
inflicted. Such punishments as pressing the knees to the ground,
making prisoners kneel on chains, or burning their legs with hot
irons, adopted under the specious pretence of not using the
'squeezing' torture, are among the most barbarous of prohibited
practices, and are on no account to be allowed."
"CHAPTER VI.
"Lu Hsin-wu says, There are five classes of people who must be
exempted from the punishment of the bamboo. (1) The aged. (2) The
young. (3) The sick. [It is laid down expressly by statute that
the aged and the young must not be thus coerced into giving
evidence, but there is a danger of overlooking this in a moment of
anger.] (4) The hungry and naked. [For thus to punish a beggar
half dead with cold and hunger and destitute of friends to nurse
him afterwards, would be equivalent to killing him outright.] (5)
Those who have already been beaten. [Whether in a brawl or by
other officials. A second beating might result in death for which
the presiding magistrate would be responsible.]
"There are five classes of people not to be hastily sentenced to
the bamboo. (1) Members of the Imperial family. [The relatives of
his Majesty, even though holding no rank, are not, says the
statute, to be hastily punished in this way. The case must be laid
before the proper authorities.] (2) Officials. [However low down
in a scale, they are still part of the scheme of government;
besides, it affects their good name ever afterwards.] (3)
Graduates. (4) The official servants of your superiors. [Look out
for the vase when you throw at the rat. Though you may be actually
in the right, yet the dignity of your superiors might be
compromised. A plain statement of the facts should be made out and
privately handed to the official in question, leaving punishment
in his hands. But to refrain from such a course through fear of
the consequences would be weak indeed.] (5) Women.
"There are also five cases in which temporary suspension of
punishment is necessary. (1) When the prisoner is under the
influence of excitement, or (2) anger. [The working classes are an
obstinate lot and beating only increases their passion, so that
they would die rather than yield. Arguments should first be used
to show them their error, and then corporal punishment may be used
without fear.] (3) Or drink. [A drunken man doesn't know heaven
from earth, how can he be expected to distinguish right from
wrong? Besides he feels no pain, and further there is a risk of
his insulting the magistrate. He ought to be confined until he is
sober and then punished; but not in a cold place for fear of
endangering his life.] (4) Or when a man has just completed a
journey, or (5) when he is out of breath with running.
"There are also five instances in which it is well for your own
sake to put off punishment for a time. (1) When you are in a rage.
(2) When you are drunk. (3) When you are unwell. [For in the
latter case the system is heated, and not only would you be more
liable to improper infliction of punishment, but also to lose your
temper; and thus injury would be done both to yourself and the
prisoner.] (4) When you can't see your way clearly as to the facts
of the case. (5) When you can't make up your mind as to the proper
punishment. [For in difficult cases and when the prisoner in
question is no ordinary man, it is just as well to look forward a
little as to how the case is likely to end before you apply the
bamboo. It would never do to take such measures without some
consideration, or you might suddenly find that you had by no means
heard the last of it.]
"There are three classes of people who should not be beaten in
addition to what they are to suffer. (1) Those who are to have
their fingers squeezed. (2) Those who are to have the ankle frame
applied. (3) Those who are to be exposed in the cangue. [For if
previously beaten they might be almost unable to move, or their
sores might not heal, and death might perhaps ensue. The statute
provides that they shall be beaten on release, but this might
easily be forgotten in a moment of anger.]
"There are three instances in which compassion should save the
prisoners from the bamboo. (1) When the weather is extremely cold
or hot. (2) When a festival is being celebrated. (3) When the
prisoner has lately been bereaved. [A man who is mourning for his
father, mother, wife, or child, should not be punished
corporeally; it might endanger his life.]
"There are three cases in which a beating deserved should
nevertheless be remitted. (1) When one of the litigants is
considerably older than the other, he should not be beaten. (2)
When one of the litigants is an official servant, the other should
not be beaten. [For although the former may be in the right, his
opponent should be treated with leniency, for fear of people
saying you protect your Yamen servants; and lest in future, when
the servant is in the wrong, no one will dare come forward to
accuse him.] (3) Workmen and others employed by the magistrate
himself should not be bambooed by him, even if they deserve it.
"Three kinds of bambooing are forbidden. (1) With the greater
bamboo. [One stroke of the _greater_ bamboo is counted as ten;
three with the _middle-sized_, and five with the _smaller_.
Officials are often too free with, never too chary of, their
punishments. With the smaller bamboo, used even to excess, life is
not endangered. Besides, if the punishment is spread over a longer
time, the magistrate has a longer interval in which to get calm.
But with the heavy bamboo, there is no saying what injuries might
be done even with a few blows.] (2) It is forbidden to strike too
low down. (3) It is forbidden to allow petty officers to use
unauthorised instruments of punishment. These five preceding
clauses refer to cases in which there is no doubt that punishment
ought to be inflicted, but which officials are apt to punish too
indiscriminately without due investigation of circumstances,
whereby they infallibly stir up a feeling of discontent and
insubordination. As regards those instances where punishment is
deserved but should be temporarily suspended, a remission of part
or the whole of the sentence may be granted as the magistrate sees
fit. The great point is to admit an element of compassion, as
thereby alone the due administration of punishment can be
ensured."