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There are, besides the seed tax, likin, or internal customs, levied on transport of all commodities between districts, and various imposts upon traders. When a man has amassed any wealth he is bled pretty freely. Should a loan be requested it could only be refused at a risk that he would not care to face, and any idea of its repayment is out of the question. But should the demands exceed the bounds of custom there is a check. The people of all classes know pretty well how far the cord may be drawn before it breaks. Should the demands be excessive the people put up their shutters, refusing to do any business, and memorial the Throne. Should such a state of affairs continue for any time even a viceroy would be recalled. Such a state of affairs existed a few years ago in Canton over a proposal to collect a new tax. The people resisted, and at length the viceroy yielded.

The principles on which the viceroy acts are adopted in a lesser degree by all officials, but the people seem to understand the custom and accept it, and in the ordinary business of life justice is on the whole administered satisfactorily.

There are, of course, exceptions. In the province of Kwangtung the house of a well-to-do man living in the country was attacked by a numerous band of armed robbers. The owner stoutly defended his house and having killed three of the assailants the robbers decamped. But this was not the end of it, for the indignant robbers lodged a complaint with the magistrate, who summoned the owner of the assailed house to appear, which he did with fear and trembling. He was obliged to pay a hundred and fifty dollars before he was admitted to the presence of the magistrate, who, instead of commending him for his bravery, scolded him roundly, and ordered him to pay the funeral expenses of the three dead robbers. The system of payments to everybody connected with the court, from the judge downwards, would appear to be destructive of every principle of justice; but a highly educated Chinese official, who held the degree of a Scotch university and who had experience of the colony of Hong Kong, when speaking on the subject, declared that he would rather have a case tried in a Chinese court than in a British, for while he knew what he would pay in the first, in the colonial court the lawyers would not let him off while he had a dollar to spend.

When the territory of Kowloon was leased from China and added to the colony of Hong Kong (after some armed resistance by the inhabitants, who had been led to believe that with the change of the flag terrible things would happen to them), local courts were established giving summary jurisdiction to their head-men sitting with a British magistrate, but a proviso was inserted that no lawyer or solicitor should practise in these courts. The result was peaceful settlement of disputes, generally by the arbitration of the British magistrate, at the joint request of both parties to the dispute.

The punishments inflicted in Chinese courts are severe, and sometimes very terrible. The ordinary punishment for minor offences is the cangue and the bastinado. The cangue is a three-inch board about three feet square, with a hole in the centre for the neck. When this is padlocked on the neck of the culprit he is placed outside the door of the court, with his offence written upon the cangue, or is sometimes allowed to walk through the town. In this position he cannot feed himself, as his hands cannot reach his head, nor can he lie down or rest in comfort. Sometimes the hands are fastened to the cangue. The punishment is more severe than that of our old parish stocks, but the idea is the same. Were it in the power of a troublesome fly to irritate a Chinaman, which it is not, he might suffer grave discomfort if the insects were active.

The bastinado is a different matter. This is administered by placing the prisoner on his face, his feet being held by one man and his head by another. The blows are inflicted with a large bamboo or with two small ones. The large bamboo looks more formidable, but though the strokes are heavy they break no bones, and do but little injury. The small bamboos are used in a different manner. Taking one in each hand, the operator sits down and strikes the culprit rapidly with alternate strokes, apparently mere taps. These are hardly felt for the first fifty or sixty taps, and the skin is not broken; but after this phase the flesh below the skin becomes regularly broken up, and the agony is very great. The recovery from this severe punishment is slow, as the tissues are destroyed for the time being.

These are, however, the light punishments; torture for the purpose of extracting evidence is still inflicted, and in pursuance of a custom that down to a late period had acquired the force of a law, that no person should be executed except he had confessed his crime, the palpable difficulty of that apparently beneficent rule was surmounted by the administration of torture, until the victim was reduced to such a state of mutilation and despair that he was prepared to state anything that would secure for him relief from his sufferings by a speedy death. It must be acknowledged that the pressure of the torture has now and again secured valuable evidence from unwilling witnesses that may have been capable of independent proof, but as a rule such evidence was utterly untrustworthy.

The following story was told to me by a Chinese gentleman who had personal knowledge of some of the persons concerned.

A son and daughter of two wealthy families were married. At the conclusion of the first evening's ceremonies the bride and bridegroom retired to their apartments, which were separated from the main house. Some time after they had retired, hearing a noise overhead, the bridegroom got up and putting on his red bridal dress he lit a candle and went up to the loft. Here he found a robber, who had entered through a hole in the roof, and who, seeing himself detected, after a short struggle plunged a knife into the bridegroom and killed him. He then assumed the bridegroom's dress, and taking the candle in his hand he boldly went down to the chamber where the bride awaited the return of her husband. As Chinese brides do not see their husbands before marriage, and as she was somewhat agitated, she did not perceive that the robber was not her newly married spouse. He told her that he had found that a robber had entered the house, but had made his escape on his appearance. He then said that as there were robbers the bride had better hand her jewels to him, and he would take them to his father's apartments and place them in the safe. This she did, handing over jewels to the value of several thousand taels. The robber walked out, and he and the jewels disappeared.

Early next morning the father of the bridegroom came to visit his son, and on entering the apartment was told by the bride that she had not seen her husband since he took the jewels to have them deposited in safe keeping. The father on hearing the story went up to the loft, where he found the dead body of his son. He searched about and in one of the courtyards outside he found a strange shoe.

For the wedding a number of the friends of the family had assembled who were, as usual, accommodated in the house. Among them was a young man, a B.A., and most respectably connected. The father taking the strange shoe went round all the guests, who had just arisen. On comparing the shoe he found that it belonged to the young B.A., who was wearing its fellow, the other shoe being that of his murdered son. The father was a cautious man, so instead of taking immediate action he returned to the young widow and questioned her closely. He asked if she could identify the man whom she had mistaken for her husband. She said that she could not. He begged her to think if there was any mark by which identification was possible, and after thinking for a time she answered "Yes," that she now remembered having remarked that he had lost a thumb. The father returned to the guest chamber and asked the B.A. for explanation of his wearing the son's shoe, for which he accounted by the statement that having occasion to go out during the night he had stumbled in crossing one of the courtyards and lost his shoe in the dark, and groping about had found and put on what he thought was his own. Upon examining his hands he was found to be minus a thumb. The father having no further doubt caused him to be forthwith arrested and taken before the prefect. The young man denied all knowledge of the murder, saying that he had a wife and child, was well off, and was a friend of the murdered bridegroom. He was put to the torture and under its pressure he confessed that he was the murderer. The body had been examined and the extent of the wound carefully measured and noted. Asked to say how he had disposed of the knife with which the murder had been committed, and what had become of the jewels, he professed his inability to say, though tortured to the last extremity. He was then beheaded. His uncle, however, and his widow would not believe in his guilt, and they presented to all the superior authorities in turn petitions against the action of the prefect, who ought not to have ordered the execution until corroborative proof of the confession had been secured by the production of the knife and the jewels, but the officials refused to listen to them. At length they appealed to the viceroy, who, seeing their persistence, concluded that there must be something in a belief that braved the gravest punishment by petitioning against a mandarin of prefect rank. He sent for the father and widow of the murdered man, who repeated the story, which seemed almost conclusive evidence of the young man's guilt. He asked the widow if she remembered from which hand the thumb was missing of the robber to whom she had given the jewels. She replied, "Yes, perfectly. It was the right." He then sent for the petitioning widow and asked her from which hand her husband had lost a thumb. She answered, "The left." Then recalling the father of the murdered man he bade him try to recollect if he had ever known any other man wanting a thumb. He said that there was such a man, a servant of his whom two years before he had dismissed for misconduct. Asked if he had noticed the dismissed man during the time of the wedding the answer was that he had, but he had not seen him since.

The viceroy then had inquiry made, and the man was traced to another province, where he was living in affluence, with a good shop, etc. He was arrested, and under torture confessed the crime and told where he had concealed the knife and disposed of the jewels. The knife had a wide blade that coincided with the width of the wound, and a portion of the jewels were recovered, some having been pawned, some sold. The prefect was degraded and punished for culpable want of due care in having executed the man without securing complete proof by the production of the knife and the jewels.

The case is curious as showing the danger that lurks in all cases of circumstantial evidence, and also, from a purely utilitarian point of view, the failure and success of the system of torture. It will always be to me a source of deep gratification that during my administration of the government of Hong Kong, in the case of two murderers surrendered from that colony and convicted after a fair trial and on reliable evidence, I induced the then viceroy to break through the immemorial custom, and have the criminals executed without the previous application of torture, though they refused to confess to the last. The precedent once made, this survival of barbarous times will no longer operate in cases of culprits surrendered from under the folds of the Union Jack, and awakening China may, I hope, in such matters of criminal practice soon find herself in line with the other civilized nations of the world, to the relief of cruel injustice and much human suffering.

CHAPTER III

In China the gradations of the social fabric as generally accepted are

First. – The literati; for mind is superior to matter.

Second. – The agriculturist; for he produces from the soil.

Third. – The artisan; for he is a creator from the raw material.

Fourth. – The merchant; for he is a distributor.

Fifth. – The soldier; for he is but a destroyer.

However superficially logical this division is, the Chinese have failed to realize that the army is an insurance and protection, wanting which all other classes may be destroyed; but the fallacy has had an unfortunate influence upon China, for until within a few years the various so-called armies were simply hordes of undisciplined men, whose officers were, as I have before said, sometimes robbers reprieved on account of supposed courage and given command of so-called soldiers. But this is now changed, and such armies as those of Yuan Shi Kai and Chang Chi Tung (viceroy at Hankow) are well disciplined and officered. This viceroy adopted an effective method of combating the contempt with which the army was regarded by the literati. He established a naval and agricultural college, and colleges for the teaching of geography, history, and mathematics, and formed all the students into a cadet corps. When I was in Hankow the viceroy invited me to see his army of eight thousand men, who were then on manœuvres in the neighbourhood, and on my arrival I was received by a guard of honour of one hundred of these cadets, whose smart turn-out and soldierly appearance impressed me very favourably. They were well clothed and well armed, as indeed were all the troops, whom I had an opportunity of inspecting during the manœuvres under the guidance of a German captain in the viceroy's service, who was told off to accompany me. I have no doubt that many of those cadets are now officers, and will tend to raise the character of the army.

The importance of agriculture is emphasized by the annual ceremony of ploughing three furrows by the Emperor at the Temple of Agriculture in the presence of all the princes and high officials of Peking. Furrows are afterwards ploughed by the princes and the high officers of the Crown. Agriculture is the business of probably nine-tenths of the population, and in no country in the world is the fertility of the soil preserved more thoroughly. In the portions of China visited by me no idle land was to be seen, but everywhere the country smiled with great fields of grain or rape or vegetables, alternating with pollarded mulberry trees in the silk-producing districts, while extensive tracts of the beautiful pink or white lotuses are grown, the seeds of which as well as the tuberous roots are used for food and the large leaves for wrappers. Nothing in the shape of manure is lost in city, town, or village; everything goes at once back to the fields, and nowhere in China is a river polluted by the wasted wealth of city sewers. On the banks of the canals the cultivators even dredge up the mud and distribute it over their fields by various ingenious devices.

The rural population is arranged in village communities, each village having its own head-man and elders, to whom great respect is shown. Sometimes there is a feud between two villages over disputed boundaries or smaller matters, in which case, if the elders cannot arrange matters, the quarrel may develop into a fight in which many lives are lost. Nobody interferes and the matter is settled vi et armis.

But this absence of local government control has its drawbacks; for as sugar attracts ants, so unprotected wealth attracts robbers, and gang robberies are frequent, generally by armed men, who do not hesitate to add murder to robbery. Nor are these attacks confined to distant rural districts. Only a few months ago an attack was made upon a strongly built and fortified country house belonging to one of the wealthiest silk merchants in Canton, who had specially designed and built the house to resist attack, and had armed his retainers with repeating rifles. Twenty-five boats, containing about three hundred men, came up the river, and an attack was made at six p.m. that lasted for seven hours. At length the fortified door was blown in by dynamite and the house taken. Eighty thousand dollars' worth of valuables was carried off, and the owner and his two sons were carried away for ransom. Several of the retainers were killed and thirteen of the robbers.

The country people are very superstitious and dislike extremely any building or work that overlooks the villages, as they say that it has an unlucky effect upon their fung sui, a term that means literally wind and water, but may be translated freely as elemental forces. This superstitious feeling sometimes creates difficulty with engineers and others laying out railways or other works. The feeling is kept alive by the geomancers, whose mysterious business it is to discover and point out lucky positions for family graves, a body of an important person sometimes remaining unburied for years pending definite advice from the geomancer as to the best position for the grave, which is always made on a hill-side. They also arrange the lucky days for marriages, etc. When the telegraph was being laid between Hong Kong and Canton, the villagers at one point protested loudly against the erection of a pole in a particular position, as they were informed that it would interfere with the fung sui of the village. The engineer in charge, who fortunately knew his Chinese, did not attempt to oppose them; but taking out his binoculars he looked closely at the ground and said, "You are right; I am glad the geomancer pointed that out. It is not a favourable place." Then again apparently using the glasses, he examined long and carefully various points at which he had no intention of placing the pole. At length he came to a spot about twenty yards away, which suited him as well as the first, when after a lengthened examination he said, with an audible sigh of deep relief, "I am glad to find that this place is all right," and the pole was erected without further objection.

While gang robberies are frequent, there is not much petty theft, as in small towns the people appoint a local policeman, who is employed under a guarantee that if anything is stolen he pays the damage. In small matters this is effective.

The necessity for making villages secure against ordinary attack is palpable, and many villages in country districts are surrounded by high walls that secure them from such attack. In some, guns of ancient pattern are mounted on the walls.

The prosperity of a town is shown by the number of pawnshops, which are always high towers solidly built and strongly fortified. The Chinese pawnshop differs from those of Western nations, as it is not merely a place for the advance of money upon goods deposited, but also the receptacle for all spare valuables. Few Chinese keep their winter clothing at home during summer, or vice versa. When the season changes the appropriate clothing is released, and that to be put by pawned in its place. This arrangement secures safe keeping, and if any balance remains in hand it is turned over commercially before the recurring season demands its use for the release of the pawned attire. Sometimes very valuable pieces of jewellery or porcelain remain on the hands of the pawnshop keeper, and interesting objects may from time to time be procurable from his store.

Next to agriculture in general importance is the fishing industry, in which many millions of the population are engaged, the river boat population forming a class apart, whose home is exclusively upon their boats. To describe the variety of boats of all kinds found in Chinese waters would require a volume. The tens of thousands of junks engaged in the coasting trade and on the great rivers vary from five to five hundred tons capacity, while every town upon ocean river or canal has its house boats, flower boats, or floating restaurants and music halls, passenger boats, fishing boats, trading boats, etc. On these boats the family lives from the cradle to the grave, and while the mother is working the infant may be seen sprawling about the boat, to which it is attached by a strong cord, while a gourd is tied to its back, so that if it goes overboard it may be kept afloat until retrieved by the anchoring cord. In Hong Kong, where it is computed that there are about thirty thousand boat people in the harbour, the infant is strapped to the mother's back while she sculls the boat, the child's head – unprotected in the blazing sun – wagging from side to side until one wonders that it does not fly off.

The large junks, with their great high sterns and bold curves, and with the setting sun glinting on their yellow sails of matting, are a sight to stir the soul of an artist. Many of these carry guns, as the dangers of gang robberies on shore are equalled by that of piracy on sea or river, the West River having the most evil reputation in this respect. The unwillingness of junks to carry lights at night, lest their position should invite piratical attack, adds to the dangers of collision, and necessitates extreme caution after sunset in navigating the southern coasts of China. These junks convey all the cargo from the coast and riverside towns to the treaty ports, through which all trade between China and foreign nations is exchanged. The high square stern affords accommodation for the crew, but no man dares to desecrate the bow by sitting down there. On one occasion when we went by canal to Hangchow we stopped at Haining to observe the incoming of the great bore that at the vernal equinox sweeps up the river from the bay, and affords one of the most striking sights in the world. While preparing to measure the height of the wave by fixing a marked pole to the bow of a junk lying high and dry alongside, which was most civilly permitted by the junkowner, one of the gentlemen sat down on the bow, upon which the junkowner tore him away in a fury of passion and made violent signs to him to leave the ship. Our interpreter coming up at the moment heard from the irate junkman what had occurred. He pointed out that the bow was sacred to his guardian deity, and such an insult as sitting down on the place where his incense sticks were daily burnt was sure to bring bad luck, if not destruction. Explanations and apologies on the score of ignorance followed, and a coin completed the reconciliation. The origin of touching the cap to the quarter-deck on our ships originated in the same idea, the crucifix being carried at the stem in the brave days of old.

The great wave or bore that I have just mentioned formed about six miles out in the bay, and we heard the roar and saw the advancing wall of water ten minutes before it arrived. The curling wave in front was about ten feet high and swept past at the rate of fourteen miles an hour, but the vast mass of swirling sea that rose behind the advancing wall was a sight more grand than the rapids above Niagara. I measured accurately its velocity and height. In one minute the tide rose nine feet nine inches on the sea wall that runs northward from Haining for a hundred miles. It is seventeen feet high, splendidly built with cut stone, and with the heavy stones on top (four feet by one foot) dovetailed to each other by iron clamps, similar to those I afterwards saw at the end of the great wall of China, where it abuts on the sea at Shan-hai-kwan.

If the land is thoroughly cultivated the same may be said of the waters, for in sea, river, lake, or pond, wherever water rests or flows, there is no device that ingenuity can conceive that is not used for the capture of fish, which enters largely into the food of the people; and no cultivation is more intensive than pisciculture, a fishpond being more valuable than ten times its area of cultivated land. Sometimes the pond belongs to a village, and nothing comes amiss that may serve to feed the fish, from the grass round the borders of the pond to the droppings of the silkworms in silk-producing districts. In such cases the village latrine is generally built over the pond; it may, therefore, be understood that Europeans generally eschew the coarse pond fish and prefer fresh or salt sea fish. These pond fish grow very rapidly, and are taken by nets of all shapes and sizes. Sometimes a net forty feet square is suspended from bamboo shears and worked by ropes and pulleys, the net being lowered and after a short time, during which fish may be driven towards it, slowly raised, the fish remaining in the net, the edges of which leave the waters first. In ponds of large area forty or fifty men may be seen, each with a net twelve to fifteen feet square suspended from a bamboo pole, all fishing at the same time. The entire pond is gone over, and as the fish are kept on the move large numbers are thus taken. They are then if near a river placed in well boats and sent alive to market. During the summer months the bays around the coast are covered by thousands of these large square nets. A net sometimes eighty feet square is fastened at each corner to poles, long in proportion to the depth of the water, the other ends of which are anchored by heavy weights. The men who work the nets live in a hut built upon long poles similarly weighted, and securely stayed by cables anchored at the four cardinal points of the compass. From the hut platform the net is manipulated by a bridle rope worked by a windlass. When the net is raised the fish fall into a purse in the centre, from which they are removed by men who row under the now suspended net and allow the fish to drop from the purse into the boat. These nets are set up sometimes in nine to ten fathoms. I have never seen them used in any other bays than those on the coast of China, where, it may be observed incidentally, there is hardly any perceptible growth of seaweed, and one never perceives the smell of the sea or feels the smack of salt upon the lips, as we do on our coasts.

I have said that the devices for the capture of fish are endless, from the large nets just described to the small fish trap set in every trench or gap through which water flows. But they do not end here, for about Ichang, on the Yangtze, otters are trained to drive fish into the nets; and on the lakes and canals a not unusual sight is a boat or raft with eight cormorants, who at the word of command go overboard and dive in pursuit of the fish. Sometimes the bird is recalcitrant, but a few smart strokes on the water close beside it with a long bamboo sends the bird under at once. When a fish is caught and swallowed the cormorant is taken on board and being held over a basket the lower mandible is drawn down, when out pops the fish uninjured, the cormorant being prevented from swallowing its prey by a cord tied round the lower part of the neck.

But the most curious device for the capture of fish is practised on the Pearl and West Rivers, where one sees poor lepers seated in the stern of a long narrow canoe along the side of which is a hinged board painted white. This they turn over the side at an angle during the night, and the fish jumping on to it are dexterously jerked into the boat. In the Norwegian fjords, baskets are sometimes hung or nets fastened under the splashes of whitewash marking the position of rings let into the rocky cliff where the yachts may tie up in an adverse wind. The fish jumping at the white mark, which possibly they mistake for a waterfall, are caught in the net or basket suspended below.

The boat population of the inland waters are liable to the same dangers from armed robbery as are their brothers on land, for the river pirates are a constant source of trouble. Even the large river steamers of the American pattern plying on the West River under the command of European officers are not always safe, though great precautions are taken, as the robbers sometimes embark as passengers if they know of any specie or valuables being on board, and at a given point produce revolvers and hold up the captain and crew, carrying off their booty in a confederate boat. On this account launches are not permitted to tow lighters with passengers alongside lest they should step on board, and in all large steamers the lower deck used by Chinese is separated from the upper by a companion-way with iron railings and locked door, or with an armed sentry standing beside it. About six years ago two stern-wheel passenger boats left Hong Kong for the West River one evening, to enter which the course was usedly laid north of Lintin, an island in the estuary of the Pearl River. The leading boat number one for some reason took a course to the south of Lintin, whereupon the captain of number two came to the conclusion that she was being pirated, so changing his course and blowing his whistle loudly he pressed on with a full head of steam and opened fire upon number one with rifles. Number one returned the fire, assuming that number two had been pirated and was attacking him. He steered back to Hong Kong and made a running fight, a hot fire being maintained until the boats had actually entered the harbour, when they were met by a police launch and the mistake was discovered. Over three hundred shots were fired, but happily nobody was hit. It is not a year since a train of seven or eight house-boats, full of passengers and towed by a steam launch that plies between Hangchow and Suchow on the Grand Canal, was held up by river pirates, who rifled the train as American trains are now and again held up in the Western States of America. These evidences of lawlessness are only the natural consequences of the neglect of the primary duty of a government to make effective police arrangements for the due protection of life and property, for Chinese under proper control are naturally law-abiding and peaceable. The Chinese system does not contemplate any police arrangements outside the principal cities. The small village communities arrange their own police, but there is no official means of combating the more serious offences short of a military expedition. The salutary principle of prevention is ignored and the fitful efforts of government devoted to punishment. This system doubtless acts as a deterrent when the punishment follows the crime so frequently as to impress upon evildoers the sense of its probability. Therefore it is that a strong viceroy makes a quiet province. When pointing out to Li Hung Chang the advisability of controlling a town well known as a headquarters of pirates, his Excellency answered quietly, "We will exterminate them." He ruled the province of the two Kwangs with a rod of iron, and left Canton to the profound regret of every man who had property exposed to attack.

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