CHAPTER V—WOMEN AND CHILDREN
The Chinese are very fond of animals, and especially of birds; and on the whole they may be said to be kind to their animals, though cases of ill-treatment occur. At the same time it must be carefully remembered that such quantum of humanity as they may exhibit is entirely of their own making; there is no law to act persuasively on brutal natures, and there is no Society for the Prevention of Cruelty to Animals to see that any such law is enforced. A very large number of beautiful birds, mostly songless, are found in various parts of China, and a great variety of fishes in the rivers and on the coast. Wild animals are represented by the tiger (in both north and south), the panther and the bear, and even the elephant and the rhinoceros may be found in the extreme south-west. The wolf and the fox, the latter dreaded as an uncanny beast, are very widely distributed.
Still less would there be any ground for establishing a Society for the Prevention of Cruelty to Children, the very name of which would make an ordinary, unsophisticated Chinaman stare. Chinese parents are, if anything, over-indulgent to their children. The father is, indeed, popularly known as the "Severe One," and it is a Confucian tradition that he should not spare the rod and so spoil the child, but he draws the line at a poker; and although as a father he possesses the power of life and death over his offspring, such punishments as are inflicted are usually of the mildest description. The mother, the "Gentle One," is, speaking broadly, a soft-hearted, sweet-natured specimen of humanity; one of those women to whom hundreds of Europeans owe deep debts of gratitude for the care and affection lavished upon their alien children. In the absence of the Severe One, it falls to her to chastise when necessary; and we even read of a son who wept, not because his mother hurt him, but because, owing to her advanced age, she was no longer able to hit him hard enough!
Among other atrocious libels which have fastened upon the fair fame of the Chinese people, first and foremost stands the charge of female infanticide, now happily, though still slowly, fading from the calculations of those who seek the truth. Fifty years ago it was generally believed that the Chinese hated their female children, and got rid of them in early infancy by wholesale murder. It may be admitted at once that boys are preferred to girls, inasmuch as they carry on the family line, and see that the worship of ancestors is regularly performed in due season. Also, because girls require dowries, which they take away with them for the benefit of other families than their own; hence the saying, "There is no thief like a family of five daughters," and the term "lose-money goods," as jestingly applied to girls, against which may be set another term, "a thousand ounces of gold," which is commonly used of a daughter. Of course it is the boy who is specially wanted in a family; and little boys are often dressed as little girls, in order to deceive the angels of disease and death, who, it is hoped, may thus pass them over as of less account.
To return to the belief formerly held that female infanticide was rampant all over China. The next step was for the honest observer to admit that it was not known in his own particular district, but to declare that it was largely practised elsewhere. This view, however, lost its validity when residents "elsewhere" had to allow that no traces of infanticide could be found in their neighbourhood; and so on. Luckily, still greater comfort is to be found in the following argument,—a rare example of proving a negative—from which it will be readily seen that female infanticide on any abnormal scale is quite beyond the bounds of the possible. Those who have even a bowing acquaintance with Chinese social life will grant that every boy, at about the age of eighteen, is provided by his parents with a wife. They must also concede the notorious fact that many well-to-do Chinese take one or more concubines. The Emperor, indeed, is allowed seventy; but this number exists only on paper as a regulation maximum. Now, if every Chinaman has one wife, and many have two, over and above the host of girls said to be annually sacrificed as worthless babies, it must follow that the proportion of girls born in China enormously outnumbers the proportion of boys, whereas in the rest of the world boys are well known to be always in the majority. After this, it is perhaps superfluous to state that, apart from the natural love of the parent, a girl is really, even at a very early age, a marketable commodity. Girls are sometimes sold into other families to be brought up as wives for the sons; more often, to be used as servants, under what is of course a form of slavery, qualified by the important condition, which can be enforced by law, that when of a marriageable age, the girl's master shall find her a husband. Illegitimate children, the source of so much baby-farming and infanticide elsewhere, are practically unknown in China; and the same may be said of divorce. A woman cannot legally divorce her husband. In rare cases she will leave him, and return to her family, in spite of the fact that he can legally insist upon her return; for she knows well that if her case is good, the husband will not dare to risk the scandal of an exposure, not to mention the almost certain vengeance of her affronted kinsmen. It is also the fear of such vengeance that prevents mothers-in-law from ill-treating the girls who pass into their new homes rather as servants than daughters to the husband's mother. Every woman, as indeed every man, has one final appeal by which to punish an oppressor. She may commit suicide, there being no canon, legal or moral, against self-slaughter; and in China, where, contrary to widespread notions on the subject, human life is held in the highest degree sacred, this course is sure to entail trouble and expense, and possibly severe punishment, if the aggrieved parties are not promptly conciliated by a heavy money payment.
A man may divorce his wife for one of the seven following reasons:—Want of children, adultery, neglect of his parents, nagging, thieving (i.e. supplying her own family with his goods, popularly known as "leakage"), jealous temper and leprosy. To the above, the humanity of the lawgiver has affixed three qualifying conditions. He may not put her away on any of the above grounds if she has duly passed through the period of mourning for his parents; if he has grown rich since their marriage; if she has no longer any home to which she can return.
Altogether, the Chinese woman has by no means such a bad time as is generally supposed to be the case. Even in the eye of the law, she has this advantage over a man, that she cannot be imprisoned except for high treason and adultery, and is to all intents and purposes exempt from the punishment of the bamboo. Included in this exemption are the aged and the young, the sick, the hungry and naked, and those who have already suffered violence, as in a brawl. Further, in a well-known handbook, magistrates are advised to postpone, in certain circumstances, the infliction of corporal punishment; as for instance, when either the prisoner or they themselves may be under the influence of excitement, anger or drink.
The bamboo is the only instrument with which physical punishment may legally be inflicted; and its infliction on a prisoner or recalcitrant witness, in order to extort evidence, constitutes what has long been dignified as "torture;" but even that is now, under a changing system, about to disappear. This must not be taken to mean that torture, in our sense of the term, has never been applied in China. The real facts of the case are these. Torture, except as already described, being constitutionally illegal, no magistrate would venture to resort to it if there were any chance of his successful impeachment before the higher authorities, upon which he would be cashiered and his official career brought abruptly to an end. Torture, therefore, would have no terrors for the ordinary citizen of good repute and with a backing of substantial friends; but for the outcast, the rebel, the highway robber (against whom every man's hand would be), the disreputable native of a distant province, and also for the outer barbarian (e.g. the captives at the Summer Palace in 1860), another tale must be told. No consequences, except perhaps promotion, would follow from too rigorous treatment in such cases as these.
Resort to the bamboo as a means of extorting the confession of a prisoner is regarded by the people rather as the magistrate's confession of his own incapacity. The education of the official, too easily and too freely turned into ridicule, gives him an insight into human nature which, coupled with a little experience, renders him extremely formidable to the shifty criminal or the crafty litigant. As a rule, he finds no need for the application of pain. There is a quaint story illustrative of such judicial methods as would be sure to meet with full approbation in China. A magistrate, who after several hearings had failed to discover, among a gang accused of murder, what was essential to the completion of the case, namely, the actual hand which struck the fatal blow, notified the prisoners that he was about to invoke the assistance of the spirits, with a view to elicit the truth. Accordingly, he caused the accused men, dressed in the black clothes of criminals, to be led into a large barn, and arranged around it, face to the wall. Having then told them that an accusing angel would shortly come among them, and mark the back of the guilty man, he went outside and had the door shut, and the place darkened. After a short interval, when the door was thrown open, and the men were summoned to come forth, it was seen directly that one of the number had a white mark on his back. This man, in order to make all secure, had turned his back to the wall, not knowing, what the magistrate well knew, that the wall had been newly white-washed.