New Forces in Old China Missionaries And Native Lawsuits

XIX



IN considering the effects of the operation of this missionary force, we are at once confronted by the complaint of many Chinese that missionaries interfere on behalf of their converts in lawsuits. This complaint has been taken up and circulated by foreign critics until it has become one of the most formidable of the objections to missionary work. The difficulty will be understood when we remember that, though the Chinese are not a warlike people, they are litigious to an extraordinary degree. The struggle for existence in such a densely populated country often results in real or fancied entanglements of rights. So the Chinese are forever disputing about something, and the magistrates and village headmen are beset by clamorous hordes who demand a settlement of their alleged grievances. Naturally the Chinese Christians do not at once outgrow this national disposition. Whether they do or not, their profession of Christianity makes them an easy mark for the greedy and envious. Jealousy and dislike of the native who abandons the faith of his fathers and espouses ``the foreigner's religion'' frequently hale him into court on trumped-up charges and the notorious prejudice and corruption of the average magistrate often result in grievous persecution. The terrified Christian naturally implores the missionary to save him. It is hard to resist such an appeal. But the defendant is not always so innocent as he appears to be, and whether innocent or guilty, the interference of the foreigner irritates both magistrate and prosecutor, while it not infrequently arouses the resentment of the whole community by giving the idea that the Christians are a privileged class who are not amenable to the ordinary laws of the land. When, as sometimes happens, the Christians themselves get that idea and presume upon it, the difficulty becomes acute. Speaking of the Chinese talent for indirection, the Rev. Dr. Arthur H. Smith says:--

``It is this which makes it so difficult for the most conscientious and discreet missionary to be quite sure that he is in possession of all the needed data in any given case. The difficulty in getting at the bottom facts frequently is that there are no facts available, and, as the pilots say, `no bottom.' Every Protestant missionary is anxious to have his flock of Christians such as fear God and work righteousness, but in the effort to compass this end he not infrequently finds that when endeavouring to investigate the `facts' in any case he is chasing a school of cuttlefish through seas of ink.''

An illustration of this occurred during my visit in Ichou-fu. A magistrate who needed some wheelbarrows sent out his men to impress them. The rule in such cases is that only empty barrows can be seized. But the yamen underlings found the father of a mission helper with loaded barrows at an inn, stole his goods and forced him to pay them a sum of money for the privilege of keeping his barrows. The helper complained and Dr. C. F. Johnson yielded only so far as to write a guarded letter to the magistrate simply stating his confidence that if the magistrate found that injustice had been done, he would remedy it. But that letter brought the missionary into the case and he found himself forced to see it through or ``lose face'' with the Chinese Christians and especially the helper who was the son of the man robbed. He soon discovered, moreover, that the wronged man was telling contradictory stories about the value of goods stolen and the amount of money he had to pay to save his barrows. The situation speedily became embarrassing and the sorely-tried missionary, though he had acted from the best of motives and in the most conservative way, vowed that he would never interfere again in such disputes, as irritation and harm were almost certain to result.

I asked Sir Robert Hart whether in his opinion a missionary should seek to obtain justice for a persecuted man or should remain silent? He replied:--

``Intervention in matters litigated ought to be absolutely eschewed. Let the missionary content himself with making his disciples good men and good citizens, and let him leave it to the duly authorized officials to interpret and apply the law and administer their affairs in their own way. Individual Christianity has as many shades and degrees as men's faces. There are converts and converts, but even the most godly of them may give his neighbour just reason to take offense, and the most saintly among them may get involved in the meshes of the law. In such cases let the missionary stand aloof. There is, too, such a thing as hypocrisy, much better let the schemer get his deserts than hurt the church's character by following sentiment into interference. You ask what is to be done when there is persecution to be dealt with? First of all, I would advise the individual or the community to live it down, and, as a last resort, report the fact with appropriate detail and proof to the Legation in Peking for the assistance and advice of the minister. `Watch thou in all things, endure afflictions, do the work of an evangelist, make full proof of thy ministry.' ''

It is customary for the friends of Protestant missionaries to answer the critic's charge of interference in native lawsuits by stating that it does not justly lie against them, but only against the Roman Catholics, the rule of the Protestant missionaries being to avoid such interference save in rare and extreme cases. Mr. Alexander Michie, however, declares that Protestant missionaries are not entitled to such exemption, and that, while they may not interfere so frequently as the Catholics, they nevertheless interfere often enough to bring them under the same condemnation.

There are undoubtedly cases of imprudence, but after diligent inquiry, I am persuaded that the Protestant missionaries as a class are keenly alive to the risks of interference in native lawsuits and that they are increasingly careful in this respect. They feel with the Rev. J. C. Garritt of Hangchow that ``the most important form which prejudice has taken of late is the belief that foreigners aid or at least countenance their converts in the carrying of lawsuits through the yamens, or in the business of private settlement of disputes, and that if we can only practically demonstrate to the public that we are not in that business, we shall have overcome one very serious obstacle to our work.''

``The policy of the Chinese Government during the past few years has been to avoid trouble by letting the foreigner have his own way whenever possible. More than once the Chinese official has said in substance to non-Christian litigants: `You are right and your Christian accusers are wrong; but if I decide in your favour the foreigner will appeal the case to the Governor or to the Peking foreign office and I shall suffer.' Such things are charged, justly or unjustly, to the account of both Protestant and Romanist.''

A broad induction as to the facts has been made by the Rev. Dr. Paul D. Bergen, President of Shantung Protestant University. He wrote to a large number of missionaries representing all Protestant denominations as to their practice and convictions regarding this subject. Seventy-three answered and Dr. Bergen tabulated their replies. As to the results of the concrete cases of intervention cited, fifty-three are reported to have been beneficial, twenty-six are characterized as doubtful, four as mixed and sixty-seven as bad. This leaves the remaining cases ``suspended in the air,'' and Dr. Bergen conjectures that ``perhaps the missionary felt in such a confused mental state at their conclusion, that he was quite unable to work out the complicated equation of their results.''

``But surely the result that only fifty-three cases are reported to have been of unmistakable benefit, while sixty-seven are set down as resulting in evil, ought to give us thought. In short, in the yamen intercession in behalf of prosecuted Christians, it is the deliberate opinion of seventy-three missionaries that, as a matter of personal experience, sixty-seven cases have wrought only evil, while only fifty-three have been productive of good. The balance is on the wrong side. We must decide, in view of these replies, that there exists in general rather a pessimistic opinion as to the advantages of applying to the yamen in behalf of Christians.''

Summing up briefly the results of this inquiry, we note the following points, which will embody the views of a very large majority of the Protestant missionaries of experience in the Empire:--

``First,--That it is highly desirable to keep church troubles out of the yamen, but that there are times when we cannot do so without violating our sense of justice and our sense of duty towards an injured brother.

``Second,--Official assistance is to be sought in such troubles only when all other means of relief have been tried in vain. Always seek to settle these difficulties out of court.

``Third,--When official assistance is requested, our bearing should be friendly and courteous in the spirit, at least in the first instance, of asking a favour of the official, rather than demanding a right.... We should be extremely careful about trying to bring pressure to bear on an official.

``Fourth,--In the presence of the native Christian, and especially of those chiefly concerned, as well as in our own closets, we should cherish a deep sense of our absolute dependence on heavenly rather than on earthly protection, and remind the Christians that, as Dr. Taylor has so tersely put it, their duty is `to do good, suffer for it and take it patiently.'

``Fifth,--Only in grave cases should matters be pushed to the point of controversy or formal appeal.

``Sixth,--Christians and evangelists should be solemnly warned against betraying an arrogant spirit upon the successful termination of any trouble.

``Seventh,--Previous to the carrying of a case before the official, let the missionary be sure of his facts. Each case should be patiently, thoroughly and firmly examined. Receive individual testimony with judicious reserve. Be not easily blinded by appeals to the emotions. Be especially ready to receive any one from the opposition, and give his words due weight. Do not be too exclusively influenced by the judgment of any one man, however trusted.

``Eighth,--In the course of negotiation beware of insisting on monetary compensation for the injured Christian. In greatly aggravated cases this may occasionally be unavoidable. But should it be made a condition of settlement, see to it that the damages are under, rather than over, what might have been demanded. It is almost sure to cause subsequent trouble, both within and without, if a Christian receives money under such circumstances.

``Ninth,--When unhappily involved in a persecution case with the official, we should remember that we are not lawyers, and therefore make no stand on legal technicalities, nor allow ourselves to take a threatening attitude, although we may be subjected to provocation; we should be patient, dignified and strong in the truth, making it clear to the official that this is all that we seek in order that the ends of justice may be satisfied.

``Tenth,--It would be well on every fitting occasion to exhort those under our care to avoid frequenting yamens or cultivating intimacy with their inhabitants, unless, indeed, we feel assured that their motive is the same as that animating our Lord when He mingled with publicans and sinners.''

A widely representative conference of Protestant missionaries issued in 1903 the following manifesto and sent copies in Chinese to all officials throughout the Empire:

``Chinese Christians, though church-members, remain in every respect Chinese citizens, and are subject to the properly constituted Chinese authorities. The sacred Scriptures and the doctrines of the church teach obedience to all lawful authority and exhort to good citizenship; and these doctrines are preached in all Protestant churches. The relation of a missionary to his converts is thus that of a teacher to his disciples, and he does not desire to arrogate to himself the position or power of a magistrate.

``Unfortunately, it sometimes happens that unworthy men, by making insincere professions, enter the church and seek to use this connection to interfere with the ordinary course of law in China. We all agree that such conduct is entirely reprehensible, and we desire it to be known that we give no support to this unwarrantable practice

``On this account we desire to state that for the information of all that: The Protestant Church does not wish to interfere in law cases. All cases between Christians and non-Christians must be settled in the courts in the ordinary way. Officials are called upon to administer fearlessly and impartially justice to all within their jurisdiction. Native Christians are strictly forbidden to use the name of the church or its officers in the hope of strengthening their positions when they appear before magistrates. The native pastors and preachers are appointed for teaching and exhortation, and are chosen because of their worthy character to carry on this work. To prevent abuses in the future, all officials are respectfully requested to report to the missionary every case in which letters or cards using the name of the church or any of its officers are brought into court. Then proper inquiry will be made and the truth become clear.''

The policy of the British Government on this subject was clearly expressed by Earl Granville in his note of August 21, 1871, to the British Minister at Peking:

``The policy and practice of the Government of Great Britain have been unmistakable. They have uniformly declared, and now repeat, that they do not claim to afford any species of protection to Chinese Christians which may be construed as withdrawing them from their native allegiance, nor do they desire to secure to British missionaries any privileges or immunities beyond those granted by treaty to other British subjects. The Bishop of Victoria was requested to intimate this to the Protestant missionary societies in the letter addressed to him by Mr. Hammond by the Earl of Clarendon's direction on the 13th of November, 1869, and to point out that they would `do well to warn converts that although the Chinese Government may be bound by treaty not to persecute, on account of their conversion, Chinese subjects who may embrace Christianity, there is no provision in the treaty by which a claim can be made on behalf of converts for exemption from the obligations of their natural allegiance, and from the jurisdiction of the local authorities. Under the creed of their adoption, as under that of their birth, Chinese converts to Christianity still owe obedience to the law of China, and if they assume to set themselves above those laws, in reliance upon foreign protection, they must take the consequence of their own indiscretion, for no British authority, at all events, can interfere to save them.' ''

The policy of the United States Government was stated with equal clearness in a note of the Hon. Frederick F. Low, United States Minister at Peking, to the Tsung-li Yamen, dated March 20, 1871:

``The Government of the United States, while it claims to exercise, under and by virtue of the stipulations of treaty, the exclusive right of judging of the wrongful acts of its citizens resident in China, and of punishing them when found guilty according to its own laws, does not assume to claim or exercise any authority or control over the natives of China. This rule applies equally to merchants and missionaries, and, so far as I know, all foreign Governments having treaties with China adhere strictly to this rule. In case, however, missionaries see that native Christians are being persecuted by the local officials on account of their religious opinions, in violation of the letter and spirit of the twenty-ninth article of the treaty between the United States and China, it would be proper, and entirely in accordance with the principles of humanity and the teachings of their religion, to make respectful representation of the facts in such cases to the local authorities direct, or through their diplomatic representative to the foreign office; for it cannot be presumed that the Imperial Government would sanction any violation of treaty engagement, or that the local officials would allow persecutions for opinion's sake, when once the facts are made known to them. In doing this the missionaries should conform to Chinese custom and etiquette, so far as it can be done without assuming an attitude that would be humiliating and degrading to themselves.''

The question is one of the most difficult and delicate of all the questions with which the missionary must deal. On the one hand, every impulse of justice and humanity prompts him to befriend a good man who is being persecuted for righteousness' sake. But on the other hand, sore experience has taught him the necessity of caution. The pressure upon him is so frequent and trying that it becomes the bete noire of his life. The outsider may wisely hesitate before he adds to that pressure. The citations that have been given show that the missionaries themselves understand the question quite as well as any one else and that they are competent to deal with it.