44 FRIENDS,GUESTS,AND COLLEAGUES THE TRADITIONAL MU-FU 45 official was responsible for carrying out the law but was hindered from acquiring any prior knowledge of it. ture was a unique one.Their ratio in relation to the officials,on an The officials were subjected to detailed regulations concerning empire-wide basis,was about thirty to one.30 They were recruited their conduct in office.There were two general categories of crimes: locally and thus spoke the local dialect.Their families,relatives,and malfeasance in office (kung-tsui)and personal crimes (ssu-tsui). friends had lived in the area for generations and had built up a net- The personal crimes were those involving corruption and private work of connections and vested interests which were the spawning gain,such as bribery and embezzlement,and carried a harsher pun- grounds for corruption in matters related to taxation,labor services, ishment;however,if a personal crime was unintentional,then it was and lawsuits.ecause the clerks were not paid any salary,they made judged on the basis of malfeasance.When malfeasance was inten- their money fom the special fees which they extorted from the local tional and committed in the line of duty,then the more serious populace and any special "deals"they could manipulate.The offi- penalties for personal crimes applied.Punishment could be the loss cials were often the victims of the clerks'evil machinations because of nominal salary,demotion,or dismissal,and,in the case of more they were not familiar with the files and the local situation,and serious violations,it could be banishment or death.Because of the usually did not speak the local dialect.In addition they often had complexity of the administrative regulations,it was almost impos- little or no connection with the local people except perhaps with sible to avoid malfeasance in office,even though the official led an some of the members of the gentry.41 Under the "Laws of Avoid- exemplary life.36 ance,"the officials were normally shifted every three years,but the The autocratic and,at times,tyrannical policies of the Shun-chih clerks stayed on in the local yamen.The'clerks'term of office was (1644-1662)and K'ang-hsi (1662-1723)emperors provided yet an- set at five years,but they were usually able to find ways of getting other reason for the extensive establishment of the mu-fu system around this,either by changing their names or by having their va- by the middle of the eighteenth century.They frequently instigated cated post taken over by a relative or friend.43 As a result the officials great trials and were abnormally petty.As a result,the officials trod were caught in the middle.They had to rely on the clerks for the very cautiously and were very circumspect in their memorials.A operation of the government,but they were also held accountable great deal of attention was paid to the correct phraseology,and the for the clerks'corrupt practices,and it was impossible for one man memorials became highly stylized with very little content.37 An to root out such deeply entrenched habits. official was once again forced to hire the services of an expert,only The Ch'ing rulers had inherited the institutions and policies of a this time his job was to write documents and memorials. Chinese dynasty,and,because they were Manchus and not Chinese, In order for the hsien magistrate to carry out the multifarious they tried to be more Chinese than the Chinese in carrying on the duties imposed on him,the central government was supposed to pro- forms of government in order to insure their rule.As a result,they vide him with a few subordinate officials,such as an assistant magis- were unwilling or unable to change the system they had inherited. trate(hsien-ch'eng),aregistrar(chu-pu),a jail warden(tien-shih), Instead of modifying the institutions to provide a socially accept- and the like.as In actuality,though,there were relatively very few able official class of experts in government,a modification which of them,and what few there werewere usually insignificant.Their would probably have been strongly opposed by the bureaucracy duties were ill-defined,and they had less authority than the clerks.39 and the gentry and might have resulted in their early downfall,they The only other official members of the magistrate's yamen were the swam with the current and attempted to gain the support and con- clerks,and through necessity he was forced to rely on them. trol of the Chinese by intensifying the use of law and by giving The role of the clerks in the Ch'ing provincial bureaucratic struc- imperial support to the Confucian ideals.In the process,learning and respectability were further divorced from practicality,and the 36 Ch'ti T'ung-tsu,Local Government in China Under the Ch'ing (Cam- officials were unable to cope with the problems of governing.Be- bridge:Harvard Univ.Press,1962),pp.32-33. 37 Chang Ch'un-ming,p.29. 40 Karl Wittfogel,Oriental Despotism:A Comparative Study of Total Power 38 Ch'ti,Local Government in China,p.8. 39Ibid,Pp.9-13. (New Haven:Yale Univ.Press,1957),p.307. 41 Ch'ti,Local Governmnt in China,p.36. 42Ibid
THE TRADITIONAL MU-FU 46 FRIENDS,GUESTS,AND CJES 47 cause the imperial government did not provide technical advisers, was their only means of livelihood,and they tried to keep "as secret the provincial officials,from governor-general down to hsien magis- as possible the forms of correspondence,the inner wheel of the ac- trate,in order to protect themselves,were forced to seek help on counts,and the bribery ledgers,and formed such a powerful com- a private basis,4s and the mu-fu system became firmly entrenched bination that it was almost hopeless for a mandarin of merely average ability to work except under their guidance."47 in a period of strong central government. A scholar seeking to enter a mu-fu would usually be recommended The personnel for the mu-fu system were recruited primarily from that group of scholars who,for one reason or another were to an official by a friend or relative;sometimes he himself would be in limbo:those who had not.yet achieved office,those who were a friend of the official,or he would be invited to join on the strength out of office,or those whose frame of mind was of a more practical of his reputatica.If he had had no previous technical training,a bent and who,because of this,were unable to conform to the exami- scholar would enter the mu-fu as a trainee and gradually acquire nation standards.44 Of these,the largest number came from the un- technical competence.Once he had acquired experience,it was a successful candidates for the examinations.As members of a mu-fu, fairly simple matter to find other jobs through recommendations. they could still engage in scholarly pursuits,take time out for the Most veteran members of a mu-fu had one or two proteges whom examinations,and not have to degrade themselves by becoming they were training,and who,in the course of time,would be recom- clerks in order to earn a living.They could still be a part of the mended for employment to officials who were in need of personnels world of the scholars,even though they were on the fringes of Wang Hui-tsu is an excellent example of the type of person who the world of the officials and the rich.Another group came from enters a mu-fu.He was born in Hsiao-shan,Chekiang,on January 21, the"expectants."45 These were scholars who had passed the exami- 1731.His father,who was a prison warder,died in 1741,forcing nations but had not been given a substantive office.Instead they Wang to support the family.At the age of seventeen(sui)he be- were sent to a particular province where they waited for the first came a hsiu-ts'ai and two years later,in 1749,was married.In 1752 vacancy.Because the supply of officials always exceeded the de- he began his career in the mu-fu by becoming a secretary to his father-in-law,who was a magistrate in Kiangsu.The legal secretary mand,an "expectant"official could wait for years before a vacancy occurred.In the meantime they had to earn a living.in a world of a mu-fu was the most highly paid,and it was purely for economic reasons that Wang began training himself in this field.For the next which provided few opportunities for the official who was out of thirty-four years he worked at this profession,serving under sixteen office or for the unsuccessful scholar.The mu-fu system by employ- different officials.During this period he took time out to compete ing the unsuccessful or the unemployed was filling an economic need, in the examinations for the higher degrees.In 1768 he became a and,in turn,it found a ready supply of candidates. chii-jen,after having failed eight times,and in 1775,at the age of A special class of mu-fu personnel,and one which tended to forty-six(sui);became a chin-shih,after having failed three times. monopolize the positions at the lower levels of the provincial bureauc- Even though he had achieved the chin-shih degree,he continued racy,were the people from Shao-hsing Prefecture in Chekiang.For working as a legal adviser for the next eleven years while awaiting them being in a mu-fu was an hereditary occupation,and it was as an official appointment.Between 1786,when he was appointed as natural for a Shao-hsing man to be in a mu-fu as it was for a Shansi a magistrate in Hunan,and 1793,when he retired,he served in man to be a banker.For this group,their technical knowledge various official posts in that province.After his retirement,he de. 43 Hsieh Pao-chao,The Government of China(1644-1911)(Baltimore:The voted himself to scholarly pursuits until his death in 1807. Johns Hopkins Press,1925),pp.297-298. 44 Stanley,"The Mu-yu in the Ch'ing Dynasty,"p.17. 41 Edward Harper Parker,China,Past and Present(London:Chapman and 45 Hosea Ballou Morse,The International Relations of the Chinese Empire HaL,Ltd,1903),p.246. (Taiwan Reprint),I,16. 48 Brenan,p.45. 4e Byron Brenan,"The Office of District Magistrate in China,"The Journal 4 U.S.Library of Congress,Asiatic Division,Eminent Chinese of the Ch'ing of the North China Branch of the Royal Asiatic Society,New Series,XXXII Period(1644-1912),ed.by Arthur W.Hummel (Washington,D.C.:U.S.Gov't. Printing Office,1943),II,824. (1897-1898),45
48 FRIENDS,GUESTS,AND COLLEAGUES THE TRADITIONAL MU-FU 49 Wang was also an accomplished scholar and historian.Two of teachers.In addition,instead of using his given name (ming),his his works,the Tso-chih yao-yen and the Hsiieh-chih i-shuo,were re- tzu,or style,was used.55 The tzu is only used in referring to equals garded as indispensable guides to local administrative officials up or superiors as a sign of respect.Colloquially,the mu-yu were re- to the end of the imperial period (1912).The former work,with ferred to as shih-yeh(teacher-master),and it was the host who hum- its supplement,the Hsii tso-chih yao-yen,consists of sixty-six articles bled himself to receive their instructions.It was not an uncommon which,in the words of the author,"record what I have done and said when I was a mu-yu."Written as advice and encouragement, occurrence for the host to go to the rooms of the mu-yu to seek their advice and teaching.50 they provided an ideal of morality and proficiency for mu-yu at Because there were no set rules and regulations governing con- all levels to emulate. duct within a mu-fu,social customs and right and honor were used The members of a mu-fu were referred to as mu-yu(tent friends), as the guiding principles.For this reason,personal relationships mu-pin or mu-k'e (tent guests),or mu-liao (tent colleagues).As were crucial,and a mu-yu was cautioned to be very careful in pick- these terms imply,the relationship between the official and his ad- ing his host because if there was a clash of personalities and no visers was one of equality.The official was considered the host (chu)and was addressed as "tung-weng"(Mr.Host)or "lao-tung sense of respect,then nothing could be accomplished.s7 The mu-yu normally lived and worked within the host official's (old host).51 In accordance with Chinese etiquette,the guest is given yamnen and were constantly in contact with their host to whom they the position of honor and the host assumes a lower position.To had access at all times and with whom they normally took their be a mu-yu was,therefore,not to be an underling but to hold a meals.Because of the physical and spiritual closeness of the associ- position of honor and respect. The mu-yu were invited to enter a mu-fu,and the invitation,ac- ation,it was not unusual for the host and mu-yu to become close cording to custom,had to exhibit the proper amount of solemnity friends;however,Wang Hui-tsu repeatedly warned against this be- and impressiveness as a sign of honor and respect.52 Etiquette was cause such intimacy could cause loss of confidence.The mu-yu was an important part of the life within the mu-fu,and Wang Hui-tsu hired to give advice,and if the relationship was too close,then the advised mu-yu to pay attention to the small ceremonies as a sign advice would not be heeded.The key to being a good mu-yu was of the host official's sincerity.If the host ate good food and served to maintain a certain degree of independence and distance from his mu-yu poor food,then he was not being sincere.5 Chang Chih- one's host.58 tung was criticized by his mu-yu,Ku Hung-ming,because he tried As an adviser,the mu-yu was expected to give moral as well as to be economical and asked all the mu-liao to prepare their own technical advice.In many ways he was a sort of unofficial censor food.54 However,once the sincerity of the host official had been and could serve as a check on the conduct of the official.Of course, established,"the ceremonies could be dispensed with. the mu-yu himself had to lead a proper life and be competent in In addition to the host-guest relationship,there was also that of his work in order to gain the respect of his host and have his advice student-teacher.When the mu-yu was hired,his letter of appoint- accepted.But above all,a mu-yu needed to have the courage and ment was written on a full-sized red card,and he was referred to as independence to say what he felt should be said,and,if his advice "lao-fu-tzu"(old master),a term of respect conventionally used for was not accepted,he should also have the courage and independence to quit.Only in this way would he be able to fulfill his role properly 50 Wang Hui-tsu,Hsu tso-chih yao-yen (Additional Admonitions on Govern- and justify his salary as an adviser.59 ment)(Shanghai:Shang-wu yin-shu-kuan,1937),p.12. 51 Ch't,Local Government in China,p.108. 52 Ch'tian Tseng-yu,No.31 (Feb.,1944),p.34. 55 Ch'ti,Local Government in China,p.108. 5s Wang,Hsui tso-chih yao-yen,p.7. se Ch'tian Tseng-yu,No.31 (Feb.,1944),p.34. 54 Ku Hung-ming,Chang Wen-hsiang mu-fu chi-wen (A Record of Chang 57 Wang Hui-tsu,Tso-chih yao-yen (Admonitions on Government)(Shang- Chib-tung's Mu-fu)(Taipei,Taiwan:Shang-wu yin-shu-kuan,1956),shang, hai:Shang-wu yin-shu-kuan,1937),p.16. p.10a. 58 Wang,Hsi tso-chih yao-yen,p.6. 59 Wang,Tso-chih yao-yen,pp.1-3
50 FRIENDS,GUESTS,AND COLLEAGUES THE TRADITIONAL MU-FU 51 The mu-yu were hired privately by the host official and were paid out of his own pocket.Their earnings were not referred to as which had to be sent to the superior.officials for review and 'salaries,"but as "the money of the dried flesh."This was the con- approval.5 ventional way of referring to the wages of a teacher and stemmed The taxation mu-yu was responsible for helping the newly arrived from the Confucian Classics."The Master said,From the.man official take over his post by checking all the tax records and de- bringing his bundle of dried flesh for my teaching upwards,I have termining how much had been embezzled by his predecessor or never refused.instruction to anyone.'"6o The size of the retainer other yamen personnel.He determined the total amount of taxes varied according to the job and from time to time and from official required from the area of jurisdiction,kept track of what taxes had to official,but it was.anywhere between 400 and 800 taels per year been paid,and in general supervised their collection.In addition up to the nineteenth century,and after that it rose to as high as he had jurisdiction over cases involving disputes over property, 2,000.1 On the other hand,a magistrate's official income was only loans,and business transactions.He was also responsible for ex- from about 450 to 2,500 taels per year. penditures and the delivery of government funds.66 Within the average mu-fu the most important mu-yu were the In addition to these two posts,there was usually a correspondence legal mu-yu (hsing-iing)and the taxation mu-yu (ch'ien-ku).6s mu-yu (shu-chi)who prepared draft letters for the official's ap- Wang Hui-tsu advised.prospective candidates not to go into the proval and either copied or supervised the copying of the letters profession unless they could become one of these,because only in their final form;67 a registration mu-yu (kua-hao)who registered these two posts paid well and were plentiful enough so that they all incoming and outgoing documents,official notices,and warrants would be easy to acquire.s4 These two posts,which were often com- and,thus,kept a check on the status of each document;35 and a bined in small mu-fu,were the chief administrative ones.The legal mu-yu in charge of the enforcement of taxation (cheng-pi).De- mu-yu was responsible for all cases involving "fighting,fraud,mar- pending on the size of the official's area of jurisdiction,there could riage,disputes over graveyards or the designation of an heir,and also be a mu-yu of the red and black brushes(chu-mo or hung-hei other cases in which family members were involved,"plus cases pi)who copied in black the documents and rescripts prepared by of homicide and larceny.It was the duty of this mu-yu to receive the legal and taxation mu-yu and used red brushes to write the key the initial complaint,study the case carefully,and write up a rescript words and add the red signs and flourishes,09 and a bookkeeper for the official's approval.The rescript was much in the nature of mu-yu (chang-fang)who was more or less a cashier,in that he the findings of a grand jury,in that it announced whether or not handled the actual receipt and disbursement of cash and kept track the complaint would be accepted for trial.An astute mu-yu was able of gifts sent and received,of fees paid to gate porters of superior to dispose of many cases at this stage by seeing through the conflict- yamen,and of various expenses involved in entertaining visiting ing claims and getting to the heart of the matter.If the case.was officials.This post was usually held by the host official's confidant accepted,then the legal mu-yu set the dates of the hearing,advised or,in some cases,by one of his relatives.70 In a few cases there was the official before and after the hearings,and,if the case involved also a mu-yu in charge of land tax(ch'ien-liang tsung)and a mu-yu penal servitude,banishment,or death,prepared the detailed report in charge of law suits (an-tsung).1 The mu-fu of governors-general 0 Legge,I,197;Chang Ch'un-ming,p.36;Stanley,"The Mu-yu in the and governors followed the general pattern outlined above,as did Ch'ing Dynasty,”p.4, 远宁 those of the prefects and taotais (tao-tai),except that they had 01 Stanley,"The Mu-yu in the Ch'ing Dynasty,"p.4;Ch'tian Tseng-yu, No.31 (Feb,1944),p.34;Chang Ch'un-ming,p.37;Ch'ti,Local Government 代共 65 Ch't,Local Government in Chind,pp.98-101;Chang Ch'un-ming,pp. in China,p.112. 39-40. 62 Ch'ii,Local Government in China,p.22.The offcials supplemented their 研 66 Ch'ti,Local Government in China,pp.101-103,98;Chang Ch'un-ming, official income by special fees and embezzlement,hence they were able to pay 实究 PP.39-40. the salaries of several mu-yu. 67 Ch'ti,Local Government in Ching,pp.104-105. 63 Wang,Tso-chih yao-yen,pp.13-14.64 Ibid.,pp.14-15. 卧院 68 Ibid.,p.104. 70bid,Pp,103-104 ☒ e9 Ibid. 71Ibid.,p.97. 意
52 FRIENDS,GUESTS,AND COLLEAGUES THE TRADITIONAL MU-FU 53 literary mu-yu for drafting memorials to the throne and other docu- mu-yu were supposed to remain within the yamen and within their ments,mu-yu for education and military affairs,and,after the estab- quarters as much as possible.77 These restrictions on their move- lishment of the Tsungli Yamen in 1861 when all governors-general ments were to keep them from creating a network of local alliances and governors were concurrently appointed to this new office,mu-yu that could be used for corrupt purposes. for foreign affairs.12 The position of the mu-yu within the yamen gave them a tre- The mu-yu,in addition to his regular duties,would also assist the mendous amount of power over local affairs and in some cases host official in any one or all of his multifarious duties,such as sup- over their host official.Since they could use this power for good pressing pirates,administering disaster relief and water transport, or evil,the character of both the mu-yu and the official was of the and reading the preliminary examination papers which a magistrate utmost importance.A strong official could control morally weak set before candidates for the provincial examinations.13 The legal mu-yu,and a morally strong mu-yu,such as Wang Hui-tsu,could mu-yu was normally considered the head mu-yu and,in addition go a long way in strengthening the backbone of a weak official;but to his normal duties,was responsible for running the yamen in when both the host official and his mu-yu were only concerned with accordance with his host official's wishes.Because of his position, their own selfish interests,corruption ran rampant. the legal mu-yu's recommendation was usually necessary in order The mu-fu system was a product of necessity and had not been to get a job in the mu-fu.74 officially sponsored or sanctioned by the central government.On One of the chief functions of all mu-yu was to supervise the clerks the other hand,it was not considered illegal,nor did the imperial and to try to prevent their corrupt practices.Since the clerks re- authority seek to eliminate it.The central government claimed the ceived no salary and were in charge of the files,it was only natural right of complete authority over everything and everyone in China that they would not be above changing a document,dropping and was determined to exercise that right,but when it was presented someone's name from a tax list,marking someone's taxes paid,and with a fait accompli,as it was in the case of the mu-fu system,it the like in return for a monetary consideration.The mu-yu were recognized the value of the system and only sought to control its experts in their fields and were much more aware of the ingenuity corrupt features by regulations and admonitions to the officials. and multiplicity of clerical manipulations than the officials and In the 7th year of Ch'ien-lung (1741),it was decreed:"Because were,therefore,in a better position to control them.It was an im- the provincial officials'affairs are very heavy,they cannot help but portant part of the mu-yu's job to protect the host official from invite some mu-pin to help them manage.But the mu-pin are not the wrath of his superiors,which was usually caused by clerical consistently virtuous.Therefore it is easy for corrupt practices to corruption. arise,”78 As privately hired advisers,the mu-yu had no official relationship The types of corruption against which the imperial authority in- to the central government,could not be appointed to any official veighed were those which favored the private interests of family post by their host officials,and were not supposed to appear in and friends at the expense of the government.The injunctions were public in any official capacity.When an official presided in court, aimed at the officials'relations with their mu-yu,the mu-yu's rela- his legal mu-yu was not allowed to be present.76 In addition,the tions with the yamen clerks and the local populace,combinations of mu-yu in various provincial yamen,and the mu-yu's usurpation of 72 Hsieh,.Pp.297-298. 7a Ch'ti,Local Government in China,p.105;Ch'tan Tseng-yu,No.32 the official's power.No official was permitted to hire members of (March,1944,p.37. his family,.his relatives,or his friends as mu-yu(Ch'ien-lung Ist,5th, 74 Ch'tian,Tseng-yu,No.31 (Feb.,1944),p.36. 15 Stanley,"The Mu-yu in the Ch'ing Dynasty,"p.4;Mary C.Wright,The 28th,and 34th years;Chia-ch'ing 5th year).No person who came Last Stand of Chinese Conseroatism.The T'ung-Chih Restoration,1862-1874 (Stanford:Stanford Univ.Press,1957),p.92;Ch'tan Tseng-yu,No.31 (Feb., T7 Ch'tian Tseng-yu,No.31 (Feb.,1944),p.34. 1944),p.32. 78 Hsiao Kung-ch'tian,Rural China (Seattle:Univ.of Washington Press, 76 Stanley,"The Mu-yu in the Ch'ing Dynasty,"pp.34;Mary C.Wright, 1960),p.505;Ta-Ch'ing hui-tien shih-li,chiian 97,p.4a. P.92. 79 Ta-Ch'ing hui-tien shih-li,chtian 97,pp.3b-4a,4a,5a,5b