CHINESE WOMEN IN JAKARTA DURING
THE COLONIAL PERIOD
Yuan Bingling
The aim of the present paper is twofold: a) to introduce newly available and as
yet unpublished source materials concerning the Chinese community in colonial
Jakarta (Batavia) and b) to look at the position and the role of Chinese women
within that urban society.
That such a study can be envisaged today is entirely thanks to
the recent availability of the “Kong Koan Archives”, a magnificent collection of
a great variety of administrative documents from the Chinese Council (gongguan
公館)
of Jakarta covering the period 1775-1950. Five years ago, the collection, which
also comprises, for the period after 1909, a great number of Malay and Dutch
documents, was brought to the Netherlands and added to the holdings of the
Sinological Institute at Leiden University. The collection can be termed unique
inasmuch no comparable archives are as yet known from other Chinese communities,
even on the Chinese Mainland.
Since the archives arrived in Holland, they have been inventoried
and a beginning has been made with their study. Parts, such as the important
judicial records (Gongan bu
公案簿)
that are central to this article, have been entered on computer file. The
records are relatively complete for the years 1787 to 1950. All records before
1909 are in Chinese. The Chinese ledgers amount to a total of more than fifteen
thousand pages, which are more than two and a half million characters. The study
and the exploitation of this unique material have just started. The work is
difficult, as it not only demands a sound knowledge of classical and
administrative Chinese, but also familiarity with other languages, such as
Hokkien, Malay and Dutch. Insight into the history and geography of Jakarta, as
well as in Dutch colonial institutions is also necessary. Needless to say, at
present the exploitation of this unique material, which certainly will continue
to be of great importance in the future of Chinese studies, has just begun. Much
of what I have to propose in the present article is of course provisional and
subject to change thanks to future research.
I would like
to start out by presenting the Chinese community in Jakarta and its Chinese
Council in a historical perspective, before turning to its function, especially
in judging marital affairs. Using a statistical approach, I will examine the
relevant cases over a limited period of time, in the hope that this again will
provide us with a starting point for my main subject: the position of Chinese
women in colonial Jakarta.
a. The
Community and the Council
The Chinese
community in Jakarta was important in many respects. During most of the colonial
period, the Chinese community vastly outnumbered the other ethnic groups, such
as the Javanese, Malay, Bugis, Balinese, Macassarese, Ambonese, Timorese,
Bengali and Dutch. It also was by far the most wealthy one, as it wielded great
economic power through a commercial network that reached from the Chinese ports
of Fujian and Guangdong until Sri Lanka, and at times even to Madagascar. Its
Council had far reaching powers and its jurisdiction, although mainly restricted
to Jakarta, often also extended itself to Chinese living in other parts of
Indonesia as well.
The origins of the Chinese Council are
linked to the founding of Jakarta in 1619 by Jan Pieterszoon Coen, with the
purpose of making it the headquarters of the Dutch East Indies Company. Coen
built the castle of Batavia, and surrounded it with a walled city. The Dutch
were settled within the walls of the castle, whereas the Chinese were invited to
settle freely within the city walls. Many came, all the more because the place
had long been a Chinese trading post. Coen appointed a Chinese Headman (Kapitan)
and put him in charge of all civil affairs of the Chinese community. This was
the beginning of the Chinese “self rule”
and therewith of the
later Chinese Council. Indeed, during the following years, the Chinese community
grew to the extent of becoming the most important and numerous among the ethnic
groups within the city. As Blussé has pointed out, the township became,
economically speaking, basically a Chinese colonial town under Dutch protection
. The number of
Chinese officials appointed to govern the community also increased dramatically.
After one century, the Chinese presence had grown not only within the city, but
also in the suburbs and the surrounding country (“ommelanden”) where many
Chinese traders had become settlers and started plantations (mostly of sugar).
It is very difficult to estimate the number of Chinese living in the Jakarta
region at these times but my estimate would put them well over twenty thousand,
against a little more than one thousand Europeans. This created a problematic
situation. After several measures to curb the influx of Chinese had not worked,
the Dutch proceeded to what today we would call “ethnic cleansing”. In 1740, the
entire Chinese population inside the walls of Jakarta (more than four thousand
people) was exterminated, while many more who lived in surrounding countryside
were also killed. The result was not only a protracted war with the Chinese in
other townships on Java, but also a revolt of the Javanese aristocracy. The
conflicts lasted until 1743. Much remains to be done about this “Chinese War” of
1740-1743. The available source material, such as, for instance, the Kai Ba
lidai shiji, a very important Chinese history of early Jakarta written by a
number of different authors, remains virtually unstudied.
As a result of the hostilities, there was
a severe disruption of the cultivation and distribution system. Soon the Dutch
had no alternative but to encourage the Chinese to come again to Jakarta.
The Kapitan system
was also reinstalled and the creation of a formal Council composed of the
Kapitan and his Lieutenants enhanced this time the institution. They were given
a formal office in the north of the city, near the harbor, which received the
name of Gongtang
公堂,
Public Hall, just like the seat of the country magistrate in China proper. An
inscription dated 1861, which commemorates these events and the later
developments of the institution, clearly says that the place was meant to look
in all respects as prestigious as a yamen back home.
Indeed, for the
Chinese, the Dutch East Indies was a country in itself and not perceived as a
colony, and in consequence the Dutch governor-general was called “The King of
Batavia”.
The judicial
functions of the Council, although mostly limited to civil affairs, were
important. Moreover, among the great many cases brought before the Council for
judgment or registration, family affairs do occupy a very large part, and in
these domestic problems women – daughters, brides, spouses, mothers, servants,
managers, courtesans and female workers – play a major role. Thank to the
archives concerning these cases, the place in society of women can be thoroughly
documented. I am presently engaged in the process of studying these cases in the
hope of gaining an in-depth understanding of the life of Chinese women in the
Indonesian society of the times.
Before we go into this however, we should
have a closer look to the Jakarta Chinese in general. Too often, even in recent
studies such as the very sketchy work of Remmelink on the Chinese War of
1740-1743, the Chinese immigrants are seen as the dregs of Chinese society,
driven from their fatherland by war and famine, or, I quote, “the flotsam and
jetsam that had washed ashore on Java.”
Nothing could be more remote from the truth. The Chinese that came to Jakarta
from the beginning of the seventeenth century on were almost all young males
from the coastal prefectures of South Fujian, with a predominance of people from
Zhangzhou. In the times we are speaking of, these parts were by all standards
among the more prosperous of the empire. Traditionally, emigration did not bear
a particular stigma in the townships and villages of Fujian, quite on the
contrary. Immigrants arrived in an orderly way, having paid, sometimes dearly,
for their passage as part of a general contract that also foresaw work and
shelter on arrival in Indonesia. Each ship with immigrants brought a few hundred
new workers. Newcomers (xinke
新客)
were received in an orderly fashion by the resident community and readily
integrated in the community. The argument that they were starving peasants
driven out of their homesteads by sheer necessity was however used fallaciously
when, at times, the Dutch authorities tried to regulate the flux of newcomers
and threatened to have them shipped back to China or disposed of elsewhere. It
is safe to assume that, like in Europe in the same period, those who left their
homes for a new life in the New World were, if not wealthy or upper-class
people, certainly not the most poor and inapt, but young and adventurous males
motivated to better themselves in a land of opportunity. The conditions of their
coming to Jakarta saw to it that the township remained fairly homogeneous as a
Hokkien town, although there were also Hakka or Cantonese.
It is also
very clear that, if in an initial stage the immigrants were low class and
illiterate, this situation changed as soon as the community became wealthier. As
we can see from the archives, the leaders of the Jakarta Chinese were rather
cultivated. The records are always written in an impeccable calligraphy and, but
for the many Dutch and Malay expressions, in a very good literary style. Indeed,
with prosperity, a whole flock of schoolmasters, Buddhist and Taoist priests,
doctors and even, at a later stage, noble Manchu came to Jakarta to offer their
services. As to the rich Chinese merchants, they often bought mandarin ranks of
the Chinese government and dressed on occasion in the paraphernalia of their
status. Thus Jakarta may have had, at times, a greater number of Chinese elite
families than many a town back home.
But even if the Jakarta Chinese were
certainly rather well educated, this does not mean that they were schooled in
civil administration, let alone in the exercise of judicial governance. This
raises one of the more interesting questions we can hope to clarify one day from
the evidence of the Jakarta archives: on the basis of which judicial system did
the Chinese fathers speak law? The official Ming Code or the Later Daqing
Lüli
大清律例
were
certainly known, but they must have been of little practical use, as these law
books are essentially penal codes and have very little to say on civil law. The
Gongtang did not have other written law books, nor did it use the Dutch law. We
may therefore suppose that the jurisprudence of the Gongtang consisted in the
kind of customary law that is embedded in the regulations of clans and lineages,
and often recorded in Genealogies (jiapu) as well as in the rules adopted
by commercial and vocational associations (hanghui). These references
were, however, as far as I can tell, never explicitly mentioned. Whenever a
decision had to be justified, the terms of "this is our Chinese custom" or
similar expressions were used and repeated time and again.
Yet it must
have been at times rather difficult to apply even this vague notion of "Chinese
custom" to the actual situation in Jakarta. To begin with, the society of
Jakarta was vastly different from that of China at those times, or, at least,
what traditional Chinese society was ideally supposed to be. Secondly, in a
great number of matters, the Gongtang could not just follow Chinese custom or
what they understood that to be, but had to follow stipulations of the Dutch
authorities in conformity with Dutch law. For instance, the rule that every
person of means should make a legal will for his property was imposed, and this
entailed a great deal of adjustment of the Chinese customary practice. Also
Malay custom had a certain influence. The deliberations of the Council were
called by the Malay term of bicara, and we find a number of other
institutional terms borrowed from the same source. Chinese officials called
their meetings huiyi, “assembly” or “parliament”. From the archival
material we see that there is no influence of Islamic law, except in a negative
sense. For instance, in the case of the above mentioned inheritance rules, the
Dutch system aimed in the first place to change Islamic law, and this, as it
happened, also was of importance to the Chinese as well. We will come back to
this particular point later.
b. The
Chinese Women
Nowhere, in my opinion, this discrepancy between the theoretical framework of
what was supposed to be Chinese custom and law and the true situation in Jakarta
was more clearly noticeable than in the position and the role of women. Let us
begin by looking at who they were. Chinese women in Jakarta, in contrast to the
males, were nearly never born in China. As Claudine Salmon has shown in a
well-documented article, early immigration of Chinese concerned almost solely
male individuals, and almost no Chinese women came to South-East Asia before the
end of the nineteenth century.
So during most of
the period for which we have data, the Chinese community was made up of men.
These, if their financial situation allowed it, were apt to marry indigenous
women, most of them being slaves. The Chinese chose their women preferably from
Bali, and also between the Buginese and Makasarese from Celebes. The reason for
this preference is often sought in the fact that these women were of a lighter
skin than the Javanese. The true reason is perhaps different. These islands,
especially Bali, had not been converted to Islam. Therefore the women of these
places could raise pigs and prepare pork dishes, whereas that would be
impossible for a Muslim woman.
The
important thing to note here is that children born from these mixed marriages
were always considered being Chinese. Native-born
children from a Chinese father were called peranakan (children of the
land). Of course they retained many cultural traits from their mother’s
background. However, the right of birth liberated them from bondage, even if
their mother was originally a slave woman. Also, all children, whether from a
wife, a concubine or a servant, were equal and free. Hence peranakan
girls could not be bought and sold, but were regularly betrothed, and ideally
only with Chinese men. A distinctive sign of all these native-born Chinese women
was the suffix -niang (Hokkien (nio), “lady”, added to their
personal names.
As to their
mothers, although, in the case they had been bought, they remained slaves, they
enjoyed rights of inheritance and protection against abuse. They were sometimes
qualified as gin’a, literally “small children”, as an indication of their
being under tutelage and not their own masters. They never were called -niang.
Among the
many other particularities of Chinese women we should mention the fact that foot
binding never took hold. It was of course known and in some instances could even
be observed on the spot, as the few China born ladies in Jakarta came with bound
feet, but the custom apparently never was adopted by the peranakan. This
did not mean that there was laxity in other matters pertaining to Chinese
identity. Not only in dress and in food, but also in matters of religion,
language and morality, the Chinese identity was scrupulously adhered to, as
shown by many examples in the above-quoted article by Claudine Salmon. History
has perpetuated the memory of certain peranakan women who by their
perfect filial conduct could be compared to those of pure Chinese stock. Chinese
ladies were, in principle, confined to their indoor quarters, spending their
considerable leisure in a society where servants were very numerous with
embroidery, glass painting and games. They learned Chinese music from music
masters from the Chinese mainland.
I will not
go into these and other particulars again here. My aim is to use the newly
available data from the Gongan bu to see what new and hard information we
can obtain from them on the role of women.
I have
chosen, more or less at random, the judicial records of the years 1824 to 1827
to conduct a first survey. It is difficult to gauge how many Chinese inhabitants
were in Jakarta at that time, but my guess would be something between thirty and
forty thousand. During these three years, the Jakarta Council recorded no less
than 364 hearings. Most cases were settled in one hearing, but others took up to
six hearings to be completed.
Let us now
look at the number of women involved in these judicial procedures. The first
element is that among these 364 hearings, no less than 93, being more than one
quarter, were directly related to women. The cases concerned not only marital
affairs, but also purely economic ones.
More
important even for our subject here is that on the 93 hearings involving women,
a full 70 hearings, that is more than 75 per cent, it were the women who were
plaintiffs, and who had brought their cases to court. In 59 hearings, the
accusations concerned men, mostly husbands, but also other males. In ten
hearings, women sued other women, again not only for questions related to
marriage and family, but also for business affairs. Only 23 hearings, that is
roughly one quarter, had men as plaintiffs, making different kinds of
accusations against women, the most common being that of adultery.
On the total
of 364 hearings then, those having women as plaintiffs amounted to 19.2 percent.
This may seem rather small in comparison to all the other cases, in which men
were plaintiffs. However, the vast majority of these latter cases did not
involve women at all. When we look at the cases which involve persons of both
sexes, then there were 59 hearings women were plaintiffs against men, and only
23 hearings in which men were plaintiffs against women. In other words, women
sued men more then twice as often as men sued women. This significant statistic
becomes even more so when we look at the numbers of cases which directly concern
marital relationships. Women suing for marital affairs accounted for 38
hearings, whereas men suing for marital affairs numbered only 13. This amounts
to a proportion of three to one. To fully understand the significance of these
figures, we should now turn to the evidence as provided by the case histories
themselves and their related contexts. I propose to try to do so systematically,
by concentrating on the role of women in different situations and social
functions.
c. How to
Become a Chinese Lady
As
said above, according to the Judicial Records, most early immigrants in Jakarta
bought Balinese women. These were commonly called gin'a
囝仔.
They were shipped by Chinese merchants from their island of origin to Jakarta
and then registered as bi
婢
(female
slaves) with the authorities. Prices for them varied between twenty and thirty
guilders, an amount corresponding to several months of salary for a manual
worker. At this stage, there was no recognition concerning these women's
personal rights in any form, even when they bore children. Only under certain
circumstances they might be promoted to the state of concubine (qie
妾).
This entailed a relative liberation from her bondage, inasmuch she was now part
of the family and thus could no longer be sold at random. Simple slave women, on
the contrary, could change hands quite frequently, and in one deposition before
the court (27 May 1845), a Buginese gin’a of the age of 61 stated that
she had been resold seven times. Becoming a concubine also made a woman eligible
for receiving part of the inheritance, yet it did not confer Chinese status. In
order to cross this border, a native woman had to be adopted by a Chinese family
and receive a Chinese surname. Only then she would become a niang and
eligible for formal marriage.
All these elements crop up in a lawsuit brought before the Chinese court
following a complaint by a certain Cai Jieming to the Dutch authorities (Gongan
bu, August 13, 1788). Cai had previously asked to Gongtang for permission to
marry a former slave woman (nubi) called Laoji
嘮吉.
She was born in Batavia (Jakarta), and her name had been changed (by adoption)
to Chen Xianniang
陳賢娘.
In spite of his several entreaties to the Kapitan Cai Dun to receive permission
to marry according to the Chinese rites, this had been refused. In his
complaint, Cai Jieming stressed that the above-named lady had got rid of her
native status (撤去番籍)
and had already become Chinese (經已作唐)
through her adoption by a Chinese gentleman by the name of You Liulang
(拜游六郎為契父).
In the following legal bickering, the Council argued that they had to
investigate the case in order to prevent bigamy and other transgressions, and
that moreover there was a Dutch regulation forbidding the marriage between
Chinese and natives (不許番唐結婚).
In the end however, the Dutch authorities ruled that the adoption was regular
and that Laoji now had become a Chinese lady, and the Council was instructed to
allow the marriage to take place. This case not only gives a clear perception of
the proceedings, but also shows the fundamental opposition of the Chinese
Council to interracial marriages. This prejudice is demonstrated in many other
instances, even in the case of marriages between Chinese and Dutch.
If there were difficulties then for crossing the racial divide for adult
women, this did not apply for children born from a Chinese father, as these were
always automatically considered to be Chinese. In a case involving the
liberation of a slave woman (5 May 1790), the plaintiff stated that the owner of
the woman had enjoined her to find money to buy her freedom. However, when the
lady in question did find a man who wanted to buy her and set her free, and this
man had already given an advance of ten percent of the price to the owner, the
latter recanted and refused to let her go. The court ordered the transaction to
proceed. However, it stipulated that, inasmuch the slave woman in question had
had a girl baby with yet another former Chinese owner, the deed of sale did not
comprise the baby in question, as the child was Chinese (係唐人血脈).
Chinese women were not bought and sold. Yet a hefty price of
"engagement money (pinjin
聘金)
was to be
paid at the moment of a betrothal. A niang commanded a marriage gift of
about three hundred guilders and even widows and divorced women could command
such a price. At least half of the money was for the lady herself to be kept. In
the case of widows, the lady would receive all the money that was paid for her.
An exception to this rule was made for
distinguished newcomers from China. Xinke who could read and write and
had a decent family background in China were very much in demand as sons-in-law.
As they were normally poor, they did not have to pay any pinjin and just
a pair of red candles for the ancestor altar would suffice
.
For the ceremonies of betrothal and the
marriage, Chinese custom was scrupulously adhered to. As soon as they had
reached the age of fertility, Chinese girls were kept indoors. They learned
embroidery, and glass painting of Chinese beauties. The latter occupation seems
to have been a Jakarta specialty, and many antique shops in Jakarta still sell
these paintings. In the wealthier families, girls would learn to perform music
and theater from music masters who came from China. In everyday life, women
would wear Javanese sarong and kebaya, but on festival days they would
dress up in Chinese finery and look every bit as smart as their mainland
counterparts.
Education remained however at a minimum, as only boys went to school and, for
those who could afford it, were send to China for further education. All this is
well known. From the Gongan bu however, we can learn much more,
especially in those cases that entail divorce. Here we see that peranakan
women stood their ground against men. They could not be divorced against their
will, even if they were found guilty of adultery. They could sue their husbands
for unfaithfulness. In the case of divorce, they could retain the custody of
their children, etc. Here I have selected a few cases among many others that
bear proof to the relatively strong position they enjoyed.
1.
The case of Li Jiezhen
黎捷振
versus Ou Jianiang
歐甲娘
of 22 December 1790. Li accused his wife to spend most of her time outdoors, to
be rude to her stepdaughter and to have a love affair with a young Dutchman. As
proof of her misconduct, Li said that his wife had made two “foreign” trousers
for her lover. He asked in consequence for divorce. The court however found that
the lady Ou Jianiang did not want to divorce and the case was dismissed.
2. On 25 January 1789, the court heard the case lady Gong Xiniang
龔喜娘had
brought against her husband. She had brought with her some money and also two
gold bracelets, and demanded divorce. Her husband, Yang Jie
楊結
stated that he had in principle agreed to the divorce, but on the condition that
she remarry another Chinese. But now he found that his wife lived with a
foreigner (probably a Javanese). “If I divorce now, then she will marry this
foreigner. I do not want that.” Lady Gong then promised she would not marry the
foreigner. The court stated that in this case, there being a disagreement
between the spouses, the lady should bring her case before the Dutch court which
had special competence on interracial matters.
3.
In the case of Wu Genniang
吳根娘versus
her husband Lin Dujin
林度謹
(20 May 1825), the lady in question sued on grounds of neglect and adultery. She
stated that Lin spent his time gambling and did not work at all, and all her
entreaties had remained in vain. She being an orphan was now reduced to the
state of having to live with her distant relatives. She therefore asked for
divorce. Lin defended himself by saying that after they married last year,
business was very bad and he himself also depended on the others for his
livelihood, so he had no way of giving money to his wife. He agreed to divorce.
The court was very angry with Lin, accusing him to be lazy and without ambition.
His defense was deemed to be absolutely worthless, and he was found guilty of
disloyal and irresponsible conduct towards a lady of an honorable family.
Divorce was allowed.
4.
Case of Yang Yuanniang
楊遠娘
vs. Li
Tianhe
李天河
(date???).
Lady Yang reports to the court that her husband wants to abandon her, and take
their daughter away. The court asks to see the marriage certificate, but they do
not have that. The court then makes the following judgment: if Mr. Li remains
with his family and comes to terms with his wife, then he may have his daughter;
if not, he can go away, but the child must remain with the mother.
5. On April 1, 1825, Lin Jinniang
林進娘turned
to the court in order to sue her husband for adultery. His paramour was a
prostitute. He neglected his family and did not give money for her, his legal
wife, and his children. The husband, named Liao Shuyuan
廖壽元,
was found to have a job in Senen (結石珍).
He proposed to take his wife and children to his home there. Lady Lin refused
however. Liao then told the court that lady Lin had had a child with another
man, something she had hidden from him. Only when this child had died
prematurely, the truth came out. When lady Lin was asked whether this was true,
she said: “if my husband wants to say things in this way, I will not contradict
him.” The court considered that Lady Lin had already lost her chastity and both
spouses were not in harmony. So there were divorced.
6.
In the dispute between Yang Chu
楊楚
and Lin Zhenniang
林貞娘
(20 October
1790), the husband accuses his wife to have run off with a Javanese, taking
money and clothes with her. After some time, he succeeded in finding her and
brought her home. Lady Lin explained to the court that her conduct was the
result of having drunk some kind of drugged tea, which made her loose her mind
and allowed her to be abducted. The Kapitan accused her of ugly and unseemly
behavior and had her beaten in front of the Gongtang, as an example to others.
After this was done, she was asked if she wanted to return to her husband. She
said she did. Then the husband was asked whether he would take her back. He
said: “yes”. In consequence, the Court issued a marriage certificate to them.
7.
On 15 April 1825, Lady Lin Yingniang
林應娘
sued her
husband Liang Dexiang
梁德祥
for having paid insufficiently for her betrothal (pinjin). This was her
second marriage (we do not know if she was a divorcee or a widow). As the
condition of her agreement, she had obtained that Liang first pay her debts,
which amounted to 350 guilders, and on top of that a pinjin of 150
guilders, so a total of 500. Actually, Liang paid only 100 guilders in all.
Liang protested by saying he never agreed to pay 500. Moreover, he added that
before their betrothal, he had learned that lady Lin was very rich and had a lot
of jewelry, and that therefore he married her. The court asked for witnesses in
this case, which later was not further pursued.
Summing up,
it clearly appears, not only from the statistical evidence but also from the
individual court cases, that Chinese ladies wielded a lot of clout in
traditional Jakarta. Even divorcees and widows could command a large sum,
equivalent of the purchase price of at least ten female slaves, as their
pinjin. The scarcity of Chinese women has been often stressed. The influx of
new male immigrants made certainly for an imbalance. Yet this does not explain
everything. Children were Chinese whether born from a Chinese mother or a
gin’a. Certainly the Chinese niang had the advantage over the slaves
and servants that they could speak Chinese and also cook Chinese food. Most
important may well have been the religious factor. Chinese niang could
participate in the many and obligatory forms of worship at home as well as in
the temples, organize the annual festivals and maintain the worship of
ancestors. They were socially useful and articulate. They also could be very
important partners in business. Chinese ladies in Jakarta played a large
economic role. This we can see from the cases that concern endowments and
legacies.
d.
Businesswomen
As we have seen,
the Chinese in Jakarta were compelled by the Dutch rule that every housefather
should make a legal will. This was adhered to on a large scale, yet it seems
that the way the Chinese disposed of their estate was very different from the
way this was done in Holland. As elsewhere in Western Europe, by the death of
the father, his property normally went to his sons, with a privileged position
for the eldest one, whereas the spouse only had a right of usufruct and no say
in the administration of the estate. This, as has been pointed out by the Dutch
scholar J.Th. Vermeulen, proved impracticable in Chinese Jakarta. Several
historical examples show that widows who generally had been business partners of
their husbands during the latter's lifetime became their successors when they
died. This was the case not only for commercial purposes, but often also for
other functions. For instance in 1648, after the death of a Chinese Kapitan
called Yan Er
顏二,
the Dutch governor-general and the members of the Council of Dutch Indies
proposed his wife the Lady Kapitan “Maoli shi”
貓厘氏
as his successor
. Maoli is the
Chinese transcription for Bali, so this lady had no other official identity than
that of being of Balinese origin. She was duly appointed and kept the position
for seven years. As Kapitan, she had her seat at the Chinese Council. “Her
judgments were always very clear and fair. She certainly was an outstanding
native woman!” says the contemporary record of her activities. Moreover, Lady
Maoli also continued her husband's business of many years, even when her office
as Kapitan was over.
We can see from
many other cases that, if for a woman to become Kapitan was an exception, the
fact that she would continue to run her husband's business was more of a rule.
Women inherited their husband's fortune inasmuch they normally had been business
partners before his death. As documented by Vermeulen on the basis of Dutch
administrative records, the VOC authorities changed their own law with regard to
women’s rights. Thus, in 1693, all Chinese women over the age of twenty-five
enjoyed the right to administrate personally not only their own, but also their
family’s property and go to the courts of justice in order to protect their
interests.
In 1717 it was decided that all Chinese marriages as well as divorces should be
duly registered with the Chinese Council in order to be legally recognized.
Later, in 1756, Governor General Mossel recognized these stipulations as
“Chinese law”.
This particular situation of Chinese women is exemplified in many cases that
came before the Chinese court. Here follow some instances.
1. On 20 April 1827, a
certain Mr. Huang Agui
黃阿貴
accused Lady Lin Wenniang
林文娘
of improperly withholding from
him his part of a partnership. Huang had been associated in business with Lady
Lin’s late husband Wang Ruiying
王瑞英.
Before his death, Wang had stealthily withdrawn the sum of 2116 guilders from
their partnership. After his demise, Lady Lin took over all her husband's
business. Now that Huang claimed restitution of the withdrawal, Lady Lin said
not to have any knowledge of it. In their arbitrage, the Court ordered both
parties to produce their account books for an audit.
2. The same day,
another businessman by the name of Zheng Sanfu
鄭三福accused
Lady Lin Wenniang
林文娘
for an embezzlement of about 1300 guilders, which occurred in similar
circumstances. Here also the court ordered an audit.
3. In a very large and
multiform legal case (8 May 1826), involving the very wealthy businessman Lin
Zhen
林鎮
and his partner Chen Kong
陳孔,
two affairs relate to women entrepreneurs. One of the ladies involved was the
proprietor of a large pawnshop while the other had a distillery. Both
enterprises count among the most lucrative of Jakarta, and the sums of money the
ladies did lend to Lin Zhen through the intermediary of his partner were large
indeed.
4. 9 July 1824. Lady Yu
Lian
余練,
owner of the silk shop called Quangshenghao
泉勝號,
had entrusted two years earlier a number of rolls of silk to a (male) trader for
the value of 300 guilders. The latter did not pay back any money. The trader
pleaded not guilty on the grounds of business being bad at the times. He was
nevertheless condemned to pay up.
5. When the wealthy
business tycoon Gao Gen
高根,
who held rank of lieutenant in the Chinese Council and who also was the founder
of the first Chinese school in Indonesia in 1775, died in 1787, his will
contained the following dispositions:
– All his five slave women (one
Buginese, one Balinese and three Thai ladies) were made free, and received each
one hundred guilders.
– One thousand guilders were
bequeathed to the son of a Dutch assistant Governor.
– Three thousand guilders were
left to his mother, who lived in Xiamen.
– The administration of
his entire estate, including the execution of his will, was entrusted to one of
his wives, Chen Shenniang
陳審娘,
who received 5000 guilders.
– To another wife Li
Ruiniang
李瑞娘
a batik shop in the Chinese quarter of Jakarta was given.
– To yet another wife,
Huang Zhiniang
黃志娘,
who lived at Bandung (West Java), Chen bequeathed 25 guilders.
– Each of his three unmarried
daughters, who were born either from regular wives or slave women, received 3000
guilders, and each got a rental house.
– Another daughter, already
married, received one thousand guilders.
– Yet another slave woman, who
had given him a daughter, received the proceeds of a rental house.
To the above-mentioned wife in
Bandung, who on first sight was very badly treated by the will, the tycoon wrote
a special letter. From it we can see that the lady in question was a very
wealthy businesswoman herself, in partnership with her husband, who took care of
her commercial interests in the port of Jakarta. So probably before the tycoon's
death, all monetary matters had already been settled between them.
– Among his three sons in
Jakarta there was one who was the son of the above-mentioned Buginese slave
woman. This boy, at the time only six years old, inherited all the remaining
property, including 20.000 guilders and many shops, distilleries, etc. In case
this boy would die, all the property would go to another boy, now three year
old, which Chen had got by the Balinese slave woman.
In conclusion, we may
state that the economic independence of women was recognized by the legal
system, which treated them in all financial matters as the equal of men. This
raises the question in which respect they remained unequal. Did not after all
the Chinese ritual institutions also apply to them? Surely the fathers of the
Gongtang would like us to believe that the lijiao
禮教of
China was firmly upheld in the capital of East Indies. Yet, if we look at the
legal cases, which involve the position of women from the sexual point of view,
another reality emerges.
e. Love and Sex
According to the
Chinese imperial law books, within a same family, no accusations of children
against their parents or of any junior person towards a senior could ever be
received. In Jakarta, however, things were different. Many cases that came to
court involved problems related to the Chinese women’s love and sex, in a
positive as well as in a negative way. As a rule, their parents, with pinjin and
all the rest, betrothed Chinese niang. This did not prevent the ladies to have
extra-marital affairs, without too disastrous effects, as many cases
demonstrate. We have seen already above the case of Gong Xiniang
鞏喜娘
who had left her family to live with a native man. Her husband accepted divorce,
but would have preferred her to choose a Chinese lover. The matter was then
referred to the Dutch court. Other examples of relative liberalism in sexual
transgression are shown in the following cases:
1. 3 September 1824. Li
Xi
李喜,
a trader who has to make a living outside Jakarta complains that as soon as he
leaves the city, his wife Li Xinniang
李新娘
goes to sleep every evening in a
native village and only returns in the morning. She also has taken things from
the family to sell them. Li says he has always well provided for her. Li
Xinniang protests that she never did anything wrong, but when not only her
in-laws, but also her own servant attests her loose behavior, she accepts
divorce. She is not otherwise persecuted.
2. 4 August 1790. Mr.
Zhang Di
張地
reports to the Gongtang that his wife Chen Ainiang
陳愛娘
does not love him, and has returned to her mother. Each time she is taken back
to her husband, she leaves again immediately. All measures, even a severe
reprimand with a caning by the agents of Gongtang, does not make her change her
mind. When after these disciplinary measures Chen Ainiang’s mother comes to the
defense of her daughter, the old lady raises hell in the court. In order to calm
her down, the judges have her slightly beaten too, but all to no avail.
Thereupon the judges say to Zhang that he better divorce, and the latter agrees,
saying that otherwise he fears for his life! So the judges tell him to bring all
the belongings of Lin Ainiang to the court. There the lady is asked to check if
everything is complete, because later reclamations will not be accepted. There
is no question of repaying pinjin or other forms of indemnity to the poor
husband, and the case ends here.
Even in cases of adultery,
divorce is not granted if the wife does not agree. There is never any mention of
repaying pinjin only in the case when, during a betrothal which has
already been registered with the Gongtang, a girl happens to fall pregnant by
another man and the marriage is canceled (1 September 1826). The impression that
women were more respected than in China is conformed by the cases brought before
the court concerning rape and sexual abuse. Here follow a few examples:
3. Lady Liu Danniang
劉耽娘went
to the court on 10 September 1824 accusing her maternal uncle to try to have sex
with her against her will. According to her story, he attempted to introduce
himself in her bed while she was asleep. She cried for help, which resulted in
the man trying to beat her. After a thorough investigation, the man was found
guilty, severely berated and then imprisoned. The girl was taken away from her
uncle's family.
4. Qiu Niangna (nyonya)
邱娘娜
(4 November 1825) went to court with one of her relatives as a witness, accusing
her future brother in law of raping her. She had been brought up in the He
何
family as a “little bride” and was promised to one of the younger brothers. When
one day, her sister in law had quarreled with her husband and had returned to
her mother, Qiu Niangna felt insecure and asked permission to go and sleep at a
neighbor's house, but the brother in law did not allow it. Instead, he
introduced himself at night in her bed, and under the menace of killing her in
case she would make any noise, raped her. The court ordered an examination by a
Dutch medical doctor. She was taken away from her future in-laws to be further
brought up by her distant relatives. Later she married a Dutchman.
5. A very long lawsuit
of the year (final hearing on 16 January 1826) opposed a lady called Guo
Sanniang
郭三娘to
a Malay gentleman. Lady Guo, the wife of carpenter who had become a leper, had
fallen on hard days. Her sister-in-law persuaded her to let her young daughter
live with a rich local landlord, whose wife was also Chinese. Not only did the
man rape the girl several times, but he also refused to let her go when her
mother came to fetch her back. This case was first brought to the Dutch court.
Finally the Gongtang heard the case and the girl was given back to her mother,
whereas the Dutch court was entrusted with the judgment of the Malay gentleman.
6. On 6 January 1826, a
lady Guo Yiniang
郭益娘,
wife of Chen Guangxi
陳光喜,
appeared before the court stating that she had been severely beaten by her
husband. Chen explained that the night before he had had a few drinks and then
wished to make love (qianquan
繾綣)
to her. She refused in a disdainful way and when he insisted, she fled to the
neighbors. A quarrel that degenerated into a beating ensued. During the hearing,
the lady refused absolutely to return with her husband. The judges then sent for
her mother who took her back with her, pending a later decision on divorce.
f. Conclusion
This is only a preliminary
investigation, a first excursion into a whole new field. To sum up we may say
with some confidence that Chinese women in Jakarta seem to have enjoyed a
special status and function in society, especially when compared to their
sisters on the Chinese mainland. But how special indeed? The Gongtang archives
are unique, and we do not have, for the moment, any similar source from the
traditional Chinese yamen. True there are different collections of court cases
made by Ming and Qing officials as guidebooks for administrators, and a
comparative study could be useful. It would however seem safe to assume that in
China only relatively big cases of family trouble would be brought before the
courts in China, as family affairs would be normally regulated within the
lineage organization. Also, as stated, no case of accusation of a junior family
member to a senior would be receivable in court. As to business matters, these
certainly were brought before the yamen officials, but material concerning them
is scanty compared to the records in the Gongan bu. Also for sure women
did not openly play an important role in commerce in traditional China. As to
the relative sexual freedom as shown by the Gongan bu, only late Ming
novels suggest something of the kind, and certainly nothing similar appears in
the writing of the Qing period, when conservative Confucianism held sway.
The case of the Chinese
women in Indonesia thus appears to present overwhelming evidence in favor of a
more free, independent and influential status when compared to the traditional
Chinese situation. Where did this come from? As we have seen, neither the Dutch
legislation in matters of the legal status of married women, nor the Islamic law
can be credited with this form of relative freedom and autonomy. The foundation,
whatever the official Chinese law and ideology may have been, must therefore
still be Chinese. Here we may perhaps at a future stage learn more from the role
of women in urban society in late imperial China from temple archives and
inscriptions.
In the meantime, we may
suggest that the position of Chinese women in Jakarta has to be seen as a form
of emancipation. The reason for this emancipation in colonial Indonesia should
be sought, in my opinion in the economic circumstances. This was a society, not
of land-bound clans and imperial officialdom, but of urban merchants. There were
great opportunities to become wealthy for single individuals within their
lifetime, and women as well as men profited from it.
In her article
on “Chinese Women Writers in Indonesia and their Views of Female Emancipation”,
Claudine Salmon presents a ballad written in 1897 and which portrays three young
Chinese ladies from Jakarta, and notes the “extraordinary independent life” they
enjoyed.
Although we cannot ascertain that the characters in the ballad are described in
an entirely realistic way, we can suppose that their position was close enough
to reality so as to be credible for the average reader. In the present article,
we have seen some elements that can explain this emancipation. With money also
autonomy and freedom could be won, on the condition that some state of law and
order was maintained. The Dutch rule and the Chinese administration did just
that, and judging from the archives, the Chinese Kapitans maintained peace and
rule of law with great seriousness and zeal. The result was that at least the
more well to do among the women could enjoy a freedom and independence quite
unlike that of their sisters in traditional China.
See Yuan Bingling: "The Last
Resort: Sino-Dutch Marital Relations Before the Chinese Council
in early 19th Century Batavia", scheduled to be published in
Itinerario, Leiden 2001.
Liem
Thin Joe
林天佑
Sanbaolong lishi
(History [of the Chinese] of Semarang), Chinese translation,
Guangzhou 1984, pp.145-146.
See
Yuan Bingling: "The Last Resort: Sino-Dutch Marital Relations
Before the Chinese Council in early 19th Century Batavia".
“Chinese Women in Jakarta during the Colonial Period”,发表于《亚洲文化》,新加坡亚洲研究会,2002年第26期。
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