Heathen Slaves and Christian Rulers

by Elizabeth Wheeler Andrew; Katharine C. Bushnell

Consistency demanded that either the brothel system at Hong Kong should be abolished, or domestic slavery and so-called "adoption" should be tolerated. No other courses were open. In his perplexity, the Governor asked his learned Chinese interpreter, Dr. Eitel, to give him further light as to this domestic slavery and "adoption" prevalent among the Chinese. This request was granted in a document entitled "Domestic servitude in relation to slavery." Dr. Eitel's main points were:

Slavery as known to the Westerner "has always been an incident of race." "Slavery, therefore, has such a peculiar meaning … that one ought to hesitate before applying the term rashly" to Chinese domestic slavery. Slavery in China grows out of the fact that the father has all power, even to death, over his family. The father, on the other hand, "has many duties as well as rights." Therefore his power over his family "is not a mark of tyranny, but of religious unity." "Few foreigners have comprehended the extent of social equality, … the amount of influence which woman, bought and sold as she is, really has in China,… the depth of domestic affection, of filial piety, of paternal care." "To deal justly with the slavery of China, we ought to invent another name for it." "The law, although sanctioning the sale of children for purposes of adoption within each clan, and even without, is here in advance of public opinion, as it expressly allows, by an edict, … the sale of children only to extremely poor people in times of famine, and forbids even in that case re-sale of a child once bought."

This last admission on the part of Dr. Eitel, a fact already pointed out by Sir John Smale, seems to us to clearly demonstrate that a pretext was now being sought to justify at Hong Kong a state of things as to slavery that the laws of China forbade and which in no wise could be justified as Chinese "custom." "The reason for this immense demand for young female domestics lies in the system of polygamy which obtains all over the empire, and which has a religious basis." By this he means that it is from the Chinese standpoint a religious duty for a father to leave a son, upon his death, to continue the family sacrifices. Therefore if the father has no son by his first wife, he will "take a second or third or fourth wife until he procures a son." "A family being in urgent distress, and requiring immediately a certain sum of money, take one of their female children, say five years old … to a wealthy family, where the child becomes a member of the family, and has, perhaps, to look after a baby…. But the child may be sold out and out. In that case invariably a deed is drawn up." And this is the state of things concerning which Dr. Eitel says: "Few foreigners have comprehended the extent of social equality … the amount of influence which woman, bought and sold as she is, really has in China … the depth of domestic affection, of filial piety, of parental care," etc.

He adds:

"Considering the deep hold which this system has on the Chinese people, it is not to be wondered at that Chinese can scarcely comprehend how an English judge could come to designate this species of domestic servitude as 'slavery.' On the contrary, intelligent Chinese look upon this system as the necessary and indispensable complement of polygamy, as an excellent counter remedy for the deplorably wide-spread system of infanticide, and as the natural consequence of the chronic occurrence of famines, inundations, and rebellions in an over-populated country. But the abuses to which this system of buying and selling female children is liable, in the hands of unscrupulous parents and buyers, and the support it lends to public prostitution, are too patent facts to require pointing out."

"The moment we examine closely into Chinese slavery and servitude," declares Dr. Eitel, "from the standpoint of history and sociology, we find that slavery and servitude have, with the exception of the system of eunuchs, lost all barbaric and revolting features." (!) "As this organism has had its certain natural evolution, it will as certainly undergo in due time a natural dissolution, which in fact has at more than one point already set in. But no legislative or executive measures taken in Hong Kong will hasten this process, which follows its own course and its own laws laid down by a wise Providence which happily overrules for the good all that is evil in the world."

There was, indeed, a certain justice in defending the Chinese as against the foreigner, on Dr. Eitel's part. But two wrongs do not make a right. From this time onward, the word of sophistry is put in the mouth of the advocate of domestic slavery, just as the word of sophistry had been put in the mouth of the advocate of the Contagious Diseases Ordinance. Mr. Labouchere had spoken of the latter as a means of protection' for the poor slaves, and the expression, 'protection,' has been kept prominently to the front ever since Dr. Eitel suggested, likewise, not a change in the conditions, but a change in the name by which they were known. Let it be called 'domestic servitude' instead of 'domestic slavery.' All the advocates of this domestic slavery from that time have called the noxious weed by the sweeter name.

Governor Hennessey asked the opinion of others of his officials. One Acting Police Magistrate replied 'When the servant girls (or slaves girls, as some prefer to term them) in the families in this Colony are contented with their lot, and their parents do not claim them, the police cannot be expected to interfere.' Another said 'Buying and selling children by the Chinese has been considered a harmless proceeding, its only effect being to place the purchaser under a legal and moral obligation to provide for the child until the seller chose to repudiate the bargain, which he could always do under English law.'

The Attorney General, Mr. O'Malley, when asked (at a later period) his opinion as to the utterances Sir John Smale had made from time to time on the subject of slavery, replied to the Governor

"With regard to Sir John Smale's observation, I know that difficulties national, social, official and financial beset the Government in reference to the special questions I have raised, I have only to observe that I have never heard of those difficulties. My own impression is that the respectable parts of the community, Chinese as well as European, including the Government and the police, are fully alive to the brothel and domestic servitude systems, and as well informed as Sir John Smale himself as to the real facts. One would suppose from the tone of his pamphlet that he stood alone in his perception and denunciation of evil. But I believe the fact is that the Executive and the community generally are quite as anxious is he is to insist upon practical precautions necessary to prevent the abuses, and to diminish the evils naturally connected with these systems, but they look for this to practical securities and not to declamation. The obvious line of practical suggestions to take is that of careful registration and constant inspection of brothels, so that full and frequent opportunity may be given to all persons whose freedom may be open to suspicion to know their legal position, and to assert their liberty if they like … Particularly it might be thought right to create a system of registration applicable to domestic servants and strangers in family houses. It would be a good thing if Sir John Smale would place at the disposal of the Government (as I believe he has never yet done) any facts connected with the brothel system or the domestic servitude of which he possesses any real knowledge."