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Handbook of Domestic Violence Intervention Strategies
Albert R. Roberts Digital Instant Download
Author(s): Albert R. Roberts
ISBN(s): 9780195151701, 0195151704
Edition: Kindle
File Details: PDF, 1.62 MB
Year: 2002
Language: english
Handbook of
Domestic Violence
Intervention Strategies:
Policies, Programs, and
Legal Remedies

Albert R. Roberts,
Editor

OXFORD UNIVERSITY PRESS


HANDBOOK OF DOMESTIC VIOLENCE
INTERVENTION STRATEGIES
This page intentionally left blank
HANDBOOK OF DOMESTIC VIOLENCE
INTERVENTION STRATEGIES
Policies, Programs, and Legal Remedies

Edited by
Albert R. Roberts

1
2002
3
Oxford New York
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Copyright  2002 by Oxford University Press


Published by Oxford University Press, Inc.
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Oxford is a registered trademark of Oxford University Press
All rights reserved. No part of this publication may be reproduced,
stored in a retrieval system, or transmitted, in any form or by any means,
electronic, mechanical, photocopying, recording, or otherwise,
without the prior permission of Oxford University Press.

Library of Congress Cataloging-in-Publication Data


Handbook of domestic violence intervention strategies : policies, programs, and
legal remedies / edited by Albert R. Roberts.
p. cm.
Includes bibliographical references and index.
ISBN 0-19-515170-4
1. Family violence—United States. 2. Conjugal violence—United States.
3. Abused women—Services for—United States. I. Roberts, Albert R.
HV6626.2 .H36 2002
362.82′927′0973—dc21 2001036813

9 8 7 6 5 4 3 2 1
Printed in the United States of America
on acid-free paper
Foreword

There is a social consensus that violence against women is no longer to be


tolerated. Government action now is viewed as appropriate to stop violence
against women by their family members. In addition, service methods have
evolved in light of experiences at battered women’s shelters and in commu-
nity organizations.
The most effective way to build on the legal system improvements is to
enhance the cooperation among all helping professionals. Experience thirty
years ago showed that counseling or psychotherapy alone did not end the
risk of harm to women who live with abusive partners. Civil and criminal
justice remedies were insufficient to enable women to marshal their personal
and financial resources to achieve safety and independence. All the profes-
sionals to whom battered women turned for help had to change their percep-
tions and responses and work together to provide resources and offer alter-
natives.
The chapters in this handbook provide state-of-the-art theory, research,
and protocols for effective responses to domestic violence by lawyers, lay
advocates, social workers, nurses, psychologists, psychiatrists, primary care
physicians, emergency medical personnel, police, probation officers, prose-
cutors, parole officers, and judges. Using this information, we can continue
making progress toward the goal of reducing all forms of violence against
women.
Since my admission to the New York Bar in 1971 until I became a New
York City Family Court Judge in 1986, I was an attorney in a free, federal
vi Foreword

legal services project. I represented thousands of women who suffered from


violence and threats by their spouses or partners. From 1986 to the present,
I have presided in thousands of cases in which women sought court orders
of protection. Current laws, and police, prosecutor and judicial response to
domestic violence give victims legal remedies and protection not available in
1971. These advances must be built upon so that the incidence and preva-
lence of violence against women decrease further.
The current effort to protect battered wives emerged in the early 1970s,
when the women’s movement turned its attention to the crime of rape. In
the course of operating rape crisis telephone services, the women found that
the calls came primarily from women who were being beaten by their hus-
bands or companions.
Domestic violence also became a focus of advocacy by government-
funded, free community legal services offices. They responded to the needs
of their clients. In more than 80 percent of their divorce cases, the clients
were women battered by their husbands.
From these two, unrelated organizations came movements in every state
to expand police authority to arrest wife beaters, to promote prosecution
and crime victim services, and to create civil-legal remedies for battered
women. This campaign achieved substantial successes in legislative and pol-
icy reforms. It generated public sympathy for battered wives and reaction
against domestic violence, also.
There are several, technical reasons for these successes. Ostensibly, wife
beating was included in the definition of the crime of assault before the
reform efforts began. “Consent” was never an issue in the crime of assault
by contrast to the crime of rape, in which lack of consent to sexual contact
is an essential element. Victims of domestic violence, unlike those of rape,
have physical injuries to “corroborate” their claim of assault. Thus, domes-
tic-violence law reforms did not require fundamental changes in criminal
laws.
The legislative response to domestic violence, however, included creation
of new, civil-legal remedies for battered women. “Orders of protection” are
available in nearly every state. They may contain provisions directing abu-
sive spouses to cease beating and threatening their spouses and children, to
remove themselves from family homes, and to stay away from their spouses
or companions and children. Child custody may be awarded to victims, and
visitation by offenders may be prohibited or limited to supervised settings.
This relief is available on an immediate, temporary basis prior to the time
set for a full hearing, and before notice is given to the accused. Most state
statutes authorize the police to arrest spouses alleged to have violated these
civil orders on the same basis that persons alleged to have committed crimes
may be arrested.
In spite of these successes, women’s accusations are often denied the credi-
bility accorded to men’s denials of wrongdoing. The sexist attitudes visible
Foreword vii

in the rape laws continue, in a subtler fashion, to affect the criminal justice
response to domestic violence. Battered women, therefore, need social work-
ers, psychologists, nurses, physicians, and lawyers who can help them mar-
shal resources and who can explain the problems they will encounter as they
try to free themselves from violent relationships.
In this volume, twenty-seven experts examine the latest theories and prac-
tices for services to abused women and accountability for abusive men. The
Handbook of Domestic Violence Intervention Strategies is a well-written,
inclusive, scholarly, and practical source book. It is one of the few books
that synthesizes clinical practice, legal remedies, and public policy.
The book begins with Professor Albert R. Roberts’s chapter providing an
overview of the family violence field and a preview of the chapters to follow.
Professor Roberts shatters the most common myths about battered women
and domestic violence. He describes the latest research findings, social ac-
tion, public policy, and counseling strategies.
The contributors to this outstanding handbook examine current issues
and changes in the past fifteen years regarding laws and legal remedies, gov-
ernmental policies, clinical approaches, and services for battered women and
their children. They provide a wealth of practical information for attorneys,
domestic violence advocates, judges, forensic social workers, court person-
nel, and trainers working to reduce violence against women.

October 15, 2001 Marjory D. Fields


Justice of the New York State Supreme Court
County of New York
This page intentionally left blank
Preface

In this new millennium, the pendulum has finally swung in the direction of
full federal and state funding for victims and survivors of domestic violence.
Public attitudes of attorneys, judges, legislators, mental health counselors,
nurses, physicians, psychologists, and social workers recognize the pervasive
nature of domestic violence. Although professionals continue to search for
solutions to the horrendous problem of domestic violence, and there are
no easy answers, this handbook documents the latest and most promising
intervention strategies.
There are two primary goals of this volume. The first is to offer the reader
the latest and most advanced legal and criminal justice practices, risk assess-
ment and advocacy practices, program developments, social services, and
mental health treatment responses to domestic violence survivors and their
children. The second is to offer the reader case illustrations and case applica-
tions and detailed information on how to advocate for and intervene on
behalf of battered women.
This handbook offers an examination of the most promising and effective
policies, programs, intervention strategies, and legal remedies for dealing
with domestic violence. Several important policy reforms, risk assessment
protocols, and program developments have taken place during the 1990s
and 2000. At the beginning of the 21st century in October 2000, President
Bill Clinton signed the second Violence Against Women legislation into law.
x Preface

This was a major boon to the growing domestic violence and victim assistance
industry with $3.3 billion allocated for the years 2000–2005 for domestic
violence services and advocacy activities, and police and court training and
program enhancements. Thus, we have witnessed increased federal funding for
research, criminal justice training, social services, and demonstration projects
through the Violence Against Women Act I (VAWA, 1994) and VAWA II
(2000). A number of recent research studies have identified risk factors, protec-
tive factors, early warning signs for domestic violence, and programs to reach
the most vulnerable and hidden victims of domestic violence.
This handbook highlights the most promising innovations, policy and leg-
islative changes, and expansion in the delivery of social services and health
care, as well as technologically advanced 24-hour criminal justice responses,
including:

1. Increased training seminars and workshops for judges, prosecutors,


police, domestic violence advocates, crisis counselors, and health care
advocates;
2. A five-level typology of the duration and severity of woman battering
among 501 battered women. This includes the identification of psy-
cho-social diagnostic indicators necessary to prevent an escalation of
life-threatening battering injuries;
3. An analysis of the characteristics of battered women who have killed
their abusive partners, compared with those battered women who did
not kill their ex-partners;
4. The emergence of integrated domestic violence courts and how they
work;
5. Specialized educational and mental health programs for children who
witness domestic violence and are at risk of acute crisis episodes or
traumatization;
6. The use of electronic technology to protect battered women, and to
better monitor the batterers’ compliance with restraining orders;
7. Adult abuse protocols and brief treatment at outpatient mental health
clinics, community health clinics, hospital emergency rooms and
trauma centers, and other departments in hospitals;
8. Findings of the first state-by-state national survey of domestic violence
coalitions;
9. Research throughout Canada documenting the effectiveness of sup-
port groups in helping battered women to permanently leave their
abusive partners;
10. The differential impact and effectiveness of batterers’ treatment pro-
grams;
11. Overcoming the special needs and problems of Asian, Latina, lesbian,
or elderly battered women.

Domestic violence, also known as intimate partner violence, family vio-


lence, women abuse, and spouse abuse, is prevalent throughout the United
Preface xi

States and Canada. The National Family Violence Survey (NFVS) of 1985
and the National Violence against Women Survey of 1995–96 both docu-
mented the high prevalence estimates of intimate partner perpetrated vio-
lence. American estimates of the prevalence of women battering range from
6 to 8.7 million annually. The epidemiological, sociological, health care, and
criminal justice utilization research provide compelling evidence of the medi-
cal, mental health, and occupational (i.e., lost productivity and absenteeism),
and criminal justice system costs emanating from domestic violence inci-
dents. It has also been clear that the consequences of domestic assaults and
abusive acts range from cuts and bruises to life-threatening beatings to homi-
cides. On October 12, 2001, the Division of Violence Prevention and the
National Center for Injury Prevention and Control of the Centers for Disease
Control (CDC) released its report entitled Surveillance of Homicide among
Intimate Partners—United States, 1981–1998. This report provided sum-
mary statistics on intimate partner homicides, specifically with regard to
women in the United States who were homicide victims. According to this
report, approximately one in three murders (300,522) were intimate partner
homicides.
To anyone trained in the fields of law, criminal justice, counseling, psy-
chology, and social work, the study of domestic violence is certainly a chal-
lenging and most worthy endeavor. Each year in the United States and Can-
ada, several million women are physically injured, sustain permanent injuries
and losses to one of their senses, or are killed by their abusive partners. We
receive almost daily reminders in the media of the magnitude of intimate
partner violence throughout North America. This is the first multidiscipli-
nary handbook to view domestic violence as a criminal justice, public health,
and social work problem. The framework of this handbook calls for a coor-
dinated and systematic approach to finding solutions on all levels—indivi-
dual, group, family, community, and society—by legal and criminal justice,
public health and mental health, and social work professionals working to-
gether to implement the latest policies and practices. The crime of domestic
violence, and strategies to lessen and eventually eliminate it from the United
States and Canada, are the focus of this handbook.
Much has been accomplished in the past 30 years since the point of depar-
ture—when the first shelter for battered women and their children was
opened in London, England. Within a few years of 1975 emergency shelters
for battered women were opened in different parts of the United States such
as the one in New York City; St. Paul, Minnesota; and Fresno, California. In
1978–79, the editor conducted the first national survey of the organizational
structure and functions of 89 shelters for battered women throughout the
United States.
By 1984–85, major initiatives were begun toward improving the police
and courts responses to battered women. Researchers and legislators became
xii Preface

aware of the effectiveness of arresting the batterer in order to deter an escala-


tion of the battering episodes. Landmark victim assistance and victim ser-
vices legislation passed both houses of the U.S. Congress in 1984, and the
Victims of Crime Act (VOCA) was signed into law by President Ronald
Reagan. During fiscal year 1985, the amount of $68.3 million was made
available to support state victim compensation programs as well as grants
for victim service and witness assistance programs. In applying for these new
federal funds, each state was required to certify that it was giving priority to
providing funding for local victim assistance programs that focused on aid-
ing victims of sexual assault, spouse abuse, or child abuse. In 1990, the
editor’s national organizational survey of 184 victim service and witness as-
sistance programs was published in book form, and titled Helping Crime
Victims.
Emergency shelters expanded considerably in the late 1980s and 1990s,
and by the year 2000 there were over 2,000 shelters nationwide. The most
recent emerging and incremental developments are job training programs,
and transitional and long-term congregate housing opportunities for bat-
tered women leaving emergency shelters in large and small cities. As a direct
result of the Violence Against Women Act II (VAWA, 2000) programs were
expanded nationwide with emphasis on enhancing the role of the courts in
combating violence against women through training, education, and techni-
cal assistance for judges and court personnel, and technological improve-
ments in the courts; reauthorization and enhancement of services; and Train-
ing for Officers and Prosecutors (STOP) grants. These grants increase funds
to police and prosecutors for victim service collaborations, to state domestic
violence and sexual assault coalitions; and for dating violence prevention
programs. Other grant programs under Title II of VAWA II strengthen ser-
vices to victims of violence and include legal assistance to victims of domestic
violence and sexual assault, expanded shelter for battered women and their
children, transitional housing assistance for victims of domestic violence,
continuation funding for the National Domestic Violence Hotline, federal
victims counselors grants programs, as well as enhancing protections for
older and disabled women from domestic violence and sexual assault. Fi-
nally, Title III of VAWA II focuses on limiting the impact of domestic vio-
lence on children. This includes supervised visitation and safe visitation ex-
change of children of battered women, child abuse victims, or child sexual
assault victims; reauthorization of the victims of child abuse programs,
which includes the funding of special advocate programs, and the judicial
personnel training program, and prosecutor grants for closed circuit tele-
vised testimony of children; and the study of parental kidnapping laws.
The leading experts in the United States and Canada present their compre-
hensive intervention models and legal remedies and as with any newly devel-
oped model program they continue to evolve and improve. It is my earnest
Preface xiii

anticipation that the readers of this handbook will benefit from our experi-
ences (case studies and research findings), risk assessment and intervention
guidelines, and program development blueprints as we all strive to ultimately
eliminate the tragedy and pervasiveness of domestic violence assaults and
domestic violence homicides.

Albert R. Roberts, Ph.D., Professor


Department of Criminal Justice
Faculty of Arts and Sciences
Livingston College Campus
Rutgers, the State University of New Jersey
Piscataway, N.J.
This page intentionally left blank
Acknowledgments

It was not possible to compile a comprehensive handbook without a team


of 27 brilliant chapter authors. First and foremost, I am grateful to each
chapter author for writing original, up-to-date, practical, and empirically
based chapters. Without their significant contributions, this handbook
would not have been possible. In terms of my own research projects, which
constitute chapters 3, 4, and 5, Gloria Bonilla-Santiago, Patricia Brownell,
and Pamela Valentine each provided valuable technical and editorial assis-
tance that strengthened the research. In addition, Karel Kurst-Swanger de-
serves major credit for her collaboration with me on chapters 6 and 7. I am
thankful to Elaine P. Congress, Beverly Schenkman Roberts, Michael J.
Smith, Pamela Valentine (particularly for chapter 4), and Joan Zorza. This
group of reviewers labored diligently with painstaking care for detail and
made very helpful editorial suggestions.
Special gratitude is extended to my former research assistants/interviewers
who contributed to the research project on the duration and severity of inti-
mate partner violence in which I was principal investigator: Roger Borichew-
ski, Shari Botwin, Sonia Bouradimos, Sgt. Mark Boyer, Lt. James Brady,
Kathleen Burkhard, Glenna Campbell, Lisa Cassa, Sgt. Patricia Cassidy,
Melanie Cobb, Patricia Dahl, Beth Feder, Wanda Garcia, Donna Gilchrist,
Karen Larsen, Yun Lee, Tamara Maher, Megan McChesney, Heidi V.
O’Donnell, Patrice Paldino, Joann Paone, Gina Pisano Robertiello, Joann
Gonsalez, Jeannine Reiss, Dawn Renn, Dante Sanchez, Jeannine Saracino,
xvi Acknowledgments

Joella Sperber, Melinda Strangeway, Lisa Trembly, and Jill Sabowski. I was
also fortunate to have had three research professors in the late 1960s and
early 1970s, Paul Ephross, the late Peter P. Lejins, and the late Daniel Th-
ursz, whose advice and insights led to my first book Sheltering Battered
Women: A National Study and Service Guide (1981) on family violence. The
foundation practice knowledge and research skills eloquently transmitted by
my doctoral mentors in criminology, criminal justice, and social work have
served as an inspiration to me in my teaching and research career.
I express my appreciation to Dr. Arnold Hyndman, Professor and Dean
of Livingston College for his strong encouragement and support of my recent
family violence research endeavors, to Joan Bossert, Editorial Director at
Oxford University Press for her intellectual stimulation and editorial sup-
port, and to Irene Bertoni of Oxford University Press for valuable technical
assistance. Finally, my heartfelt gratitude goes to Beverly, my loving wife of
30 years for being a sounding board and editor extraordinaire on this hand-
book as well as my previous 23 books.
Contents

Foreword by Judge Marjory D. Fields v


Contributors xxi

Part I: Introduction, Public Policy, Research, and Social Action


1 Myths, Facts, and Realities Regarding Battered Women and
Their Children: An Overview 3
Albert R. Roberts
2 Domestic Violence Theories, Research, and Practice
Implications 23
Mary P. Brewster
3 Comparative Analysis of Battered Women in the Community With
Battered Women in Prison for Killing Their Intimate Partners 49
Albert R. Roberts
4 Duration and Severity of Woman Battering: A Conceptual Model/
Continuum 64
Albert R. Roberts
5 National Organizational Survey of Domestic Violence
Coalitions 80
Patricia Brownell and Albert R. Roberts
xviii Contents

Part II: Criminal Justice and Legal System Responses

6 Police Responses to Battered Women: Past, Present,


and Future 101
Albert R. Roberts and Karel Kurst-Swanger

7 Court Responses to Battered Women and Their Children 127


Albert R. Roberts and Karel Kurst-Swanger

8 Improving Judicial System Responses to Domestic Violence:


The Promises and Risks of Integrated Case Management and
Technology Solutions 147
Susan Keilitz

9 Innovations in the Legal System’s Response to Domestic Violence:


Thinking Outside the Box for the Silent Majority of Battered
Women 173
Amy P. Barasch and Victoria L. Lutz

10 A National Study of the Integration of Domestic Violence


Assessment Into Child Welfare Practice 202
Linda G. Mills and Carrie J. Petrucci

11 Preparing for Expert Testimony in Domestic Violence Cases 216


Evan Stark

Part III: Health Care, Addictions, and Mental Health Treatment

12 Helping Battered Women: A Health Care Perspective 255


Mary Boes and Virginia McDermott

13 Mental Health Assessment Tools and Techniques for Working


With Battered Women 278
Thomas L. Jackson, Patricia A. Petretic-Jackson, and Tricia H. Witte

14 Battered Women: Treatment Goals and Treatment Planning 298


Patricia A. Petretic-Jackson, Tricia H. Witte, and Thomas L. Jackson

15 Promising Directions for Helping Chemically Involved Battered


Women Get Safe and Sober 321
Theresa M. Zubretsky
Contents xix

Part IV: Crisis Intervention, Advocacy, and Specialized Programs

16 Children Exposed to Domestic Violence: The Role of Impact,


Assessment, and Treatment 343
Peter Lehmann and Stephanie Rabenstein

17 A Comprehensive Model for Crisis Intervention With Battered


Women and Their Children 365
Albert R. Roberts and Beverly Schenkman Roberts

18 Beyond Shelters: Support Groups and Community-Based


Advocacy for Abused Women 396
Leslie M. Tutty and Michael Rothery

19 Interventions for Batterers: Program Approaches,


Program Tensions 419
Bea Hanson

Part V: Vulnerable At-Risk Groups and Multicultural Issues

20 Domestic Violence Among Lesbian Couples 451


Janice L. Ricks, Carol (Jan) Vaughan, and Sophia F. Dziegielewski

21 Latina Battered Women: Barriers to Service Delivery and


Cultural Considerations 464
Gloria Bonilla Santiago

22 Asian Battered Women: Assessment and Treatment 472


Mo Yee Lee

23 Elder Abuse and Gerontological Social Work 483


Patricia Brownell

Name Index 501

Subject Index 000


This page intentionally left blank
Contributors

Editor

Albert R. Roberts, Ph.D., B.C.E.T.S., D.A.C.F.E., is Professor of Criminal


Justice and Social Work in the Faculty of Arts and Sciences, Livingston Col-
lege Campus at Rutgers, the State University of New Jersey in Piscataway.
Dr. Roberts received an M.A. degree (major in Sociology; minor in Counsel-
ing) from the Graduate Faculty of Long Island University in 1967, and a
D.S.W. in 1978 (which became a Ph.D. in 1981) from the School of Social
Work and Community Planning at the University of Maryland in Baltimore.
Dr. Roberts is the founding editor-in-chief of the Brief Treatment and Crisis
Intervention journal (Oxford University Press). He is an editorial advisor to
Oxford’s Professional Book Division in New York City and currently serves
on the editorial boards of five professional journals.
Dr. Roberts is a member of The Board of Scientific and Professional Advi-
sors and a Board Certified Expert in Traumatic Stress for The American
Academy of Experts in Traumatic Stress. He is also a Diplomate of the
American College of Forensic Examiners. Dr. Roberts is the founding and
current editor of the thirty-six-volume Springer Series on Social Work (1980
to present). He is the author, co-author, or editor of approximately 150
scholarly publications, including numerous peer-reviewed journal articles
xxii Contributors

and book chapters, and 24 books. His recent or forthcoming books and
articles include: “A Century of Forensic Social Work: Bridging the Past to
the Present” (with Patricia Brownell) in Social Work, July 1999; Ending the
Terror: Dating and Marital Violence (co-authored with Beverly J. Roberts,
Oxford, 2003), Social Workers’ Desk Reference (co-edited with Gilbert J.
Greene, Oxford, 2002), Crisis Intervention Handbook: Assessment, Treat-
ment and Research, 2nd edition (2000, Oxford), and Battered Women and
Their Families: Intervention Strategies and Treatment Approaches, 2nd edi-
tion (1998). Dr. Roberts recent projects include directing the new 21-credit
Certificate Program in Victim Advocacy, Crisis Management, and Criminal
Justice at Livingston College of Rutgers University; training crisis interven-
tion workers and clinical supervisors in crisis assessment and crisis interven-
tion strategies; training police officers and administrators in domestic vio-
lence policies and crisis intervention; and revision of his Critical Issues in
Crime and Justice text. He is a lifetime member of the Academy of Criminal
Justice Sciences (ACJS), has been a member of the National Association of
Social Workers (NASW) since 1974, and has been listed in Who’s Who in
America since 1992. Dr. Roberts is the faculty sponsor to Rutgers’s Sigma
Alpha Kappa chapter of the Alpha Phi Sigma National Criminal Justice
Honor Society (1991 to present).

Chapter Authors

Amy P. Barasch, J.D., Associate, Lanser & Kubitschek; New York, New
York
Mary Boes, MSW, DSW, Associate Professor, Department of Social Work,
University of Northern Iowa, Cedar Falls
Mary P. Brewster, Ph.D., Associate Professor and Graduate Coordinator,
Department of Criminal Justice, West Chester University, West Chester,
Pennsylvania
Patricia Brownell, Ph.D., CSW, Assistant Professor, Fordham University,
Graduate School of Social Service, Lincoln Center Campus, New York,
New York
Sophia F. Dziegielewski, Ph.D., LCSW, Professor, School of Social Work
and Public Affairs Doctoral Program, College of Health and Public Af-
fairs, University of Central Florida, Orlando
Bea Hanson, MSW, Vice President, Domestic Violence Programs, Safe Hori-
zon, Inc., New York, New York; Adjunct Professor, Hunter College
School of Social Work, City University of New York
Thomas L. Jackson, Ph.D., Clinical Psychologist and Training Consultant,
Fayetteville, Arkansas
Contributors xxiii

Susan Keilitz, J.D., Training Consultant, Domestic Violence Courts, Sher-


wood Associates; former Director of Research, National Center on State
Courts, Williamsburg, VA
Karel Kurst-Swanger, Ph.D., Assistant Professor, Public Justice Department,
State University of New York at Oswego, Oswego
Mo-Yee Lee, Ph.D., Associate Professor, College of Social Work, The Ohio
State University, Columbus
Peter Lehmann, Ph.D., LMSW-ACP, Associate Professor and Director, BSW
Program, School of Social Work, The University of Texas at Arlington
Victoria L. Lutz, J.D., Executive Director, Pace Women’s Justice Center; Ad-
junct Professor of Law, Pace University Law School, White Plains, New
York
Virginia McDermott, RN, BA, Medical Surgical Nurse, Allen Memorial
Hospital, Waterloo, Iowa
Linda G. Mills, J.D., MSW, Ph.D., Professor of Social Work, Ehrenkranz
School of Social Work, New York University; Affiliated Professor of Law,
New York Law School
Patricia A. Petretic-Jackson, Ph.D., Associate Professor of Clinical Psychol-
ogy and Director, Psychological Clinic, Department of Psychology, Uni-
versity of Arkansas,Fayetteville
Carrie Petrucci, MSW, Ph.D. Candidate, Department of Social Welfare,
School of Public Policy and Social Research, University of California at
Los Angeles
Stephanie Rabenstein, MSW, Madame Vanier Children’s Services, London,
Ontario
Janice L. Ricks, MSW, Director of Day Habilitation, Albuquerque, New
Mexico
Beverly Schenkman Roberts, M.Ed., Director and Health Advocate, Medical
Mainstreaming for the Developmentally Disabled, Arc of New Jersey,
North Brunswick
Michael A. Rothery, Ph.D., Professor, Faculty of Social Work, University of
Calgary, Calgary, Alberta Canada
Gloria Bonilla-Santiago, Ph.D., Director and Professor, Center for Strategic
Urban Community Leadership at Rutgers, The State University of New
Jersey-Camden Campus, Camden, New Jersey
Evan Stark, MSW, Ph.D., Associate Professor, Graduate Department of Pub-
lic Administration; Director, Graduate Program in Public Health, Rutg-
xxiv Contributors

ers, The State University of New Jersey and the University of Medicine
and Dentistry of New Jersey, University Heights, Newark
Leslie M. Tutty, Ph.D., Professor, Faculty of Social Work, University of Cal-
gary, Calgary, Alberta Canada
Carol (Jan) Vaughn, MSW, Social Worker, Winter Park, Florida
Tricia H. Witte, Ph.D. Candidate, Department of Psychology, University of
Arkansas
Theresa M. Zubretsky, MSW, Director, The Safety Zone, Troy, New York
Part I
INTRODUCTION, PUBLIC POLICY,
RESEARCH, AND SOCIAL ACTION
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1
Myths, Facts, and Realities Regarding
Battered Women and Their Children:
An Overview
ALBERT R. ROBERTS

Denise, a 21-year-old senior at New York University, talked about her 21⁄2-
year relationship with her boyfriend, Rosario. They were both students at
NYU, and they started living together just 6 months after they began dating.
Although Denise said that she was madly in love with Rosario, she also had
the feeling that he was cheating on her. Denise and Rosario had arguments
about Denise’s parents, who had made it quite clear to Denise that they
thought Rosario was a “psycho.” Although Rosario had hit her several times
before, he always apologized and brought her flowers, and Denise wanted
to believe that it would never happen again. Denise discussed the violent
incident that caused her to end the relationship:

We were driving back from the shopping mall in my parents’ car. On the
way back, my parents called on my cell phone to make sure I was okay
and they wanted to say “hi.” My parents and Rosario do not get along,
so I usually just don’t mention his name if they call. Well, they started
lecturing me about how I should be studying on a Sunday afternoon in-
stead of going shopping, and Rosario got mad because he thinks that they
are way too strict on me. So then Rosario took the phone, and he and my
father got into an argument, and my father’s calling him a “son of a bitch”
and my boyfriend is calling my mother a “bitch.” I was caught in the
middle. Then Rosario started going off about how I could never see my
parents again, and I have to choose him over them. I thought I wanted to
stay with him at the time, so I promised that I loved him and would never
3
4 Introduction, Public Policy, Research, and Social Action

talk to my parents again. Later, he wanted me to prove my love by break-


ing the windows of my parents’ car because then my parents would have
to pay to replace them. I refused to do that, so he busted all of the car
windows with a baseball bat. I was begging him not to damage my car,
and as we argued, he hit me with the bat over my head, and I passed out
and had a concussion. (Author’s files)

Susan, aged 19 and a student at Boston University, broke up with Martin


following a 9-month dating relationship.

Martin verbally abused and threatened me when he said “If you ever date
or have sex with someone else, I will injure you real bad.” One afternoon
the second week after I started my summer job, Martin picked me up at
work. He said: “I noticed you smiled and waved good-bye to your co-
worker. I know you probably fucked him at lunch, and you are going to
give me AIDS.” I knew Martin had a real jealous streak, but I was shocked
by his statement. We had just left the parking lot, and Martin then locked
the doors of the car and smacked me in the face twice, and punched me in
the arm and chest several times. Soon after getting to my off-campus apart-
ment, I cleaned up my bloody mouth and lips and called the police to file
for a temporary restraining order. I tried to break up with him, but it
didn’t end until about 2 months later. He stalked me and made threatening
phone calls, between 15 and 30 calls per day. First, I changed my phone
number to an unlisted phone number. Somehow he managed to get the
new unlisted phone number. He continued to stalk me and seemed to be
watching me a lot because each time I would go to the food store or a
restaurant, he would come up behind me and start threatening me. I had
to transfer to another university in a different state to finally get away
from him. (Author’s files)

Rachel, aged 34, described her abusive partner’s self-destructive patterns and
his death threats against her which finally led to her decision to end the
relationship:

He had been doing drugs, and he started getting paranoid and accused me
of making signals out to someone in the hall—and there was no one out
there. He asked me to go downstairs to get something and he locked him-
self in the room, and I knew that he was upset and I heard the click of a
gun being dry fired, and I could hear him spinning the barrel and I started
getting scared. Finally I convinced him to open the door. He acted like he
was gonna shoot himself. I begged him not to. The kids were down the
hall [sleeping]. I got angry with him and said, “Go ahead, do it”; then I
said, “Give it to me—I’ll do it.” He gave me the gun. I put it down and
went downstairs. He came after me and held the gun to my head and said,
“If I can’t have you, no one can!” He cocked it [the gun]. We were there
for a long time. I was crying and told him I never cheated on him, and
Myths, Facts, and Realities: An Overview 5

finally through talking, I convinced him not to do it. For a long time I
thought I was gonna die that night. (Roberts, 1996)

These case illustrations are typical of the different severity levels and du-
ration of domestic violence cases. Denise, Susan, and Rachel were victims of
battering by either a boyfriend or a husband. The four brief case summaries
illustrate that dating and marital abuse can range from one violent incident
to a chronic pattern that is endured for many years. While victims may be
assaulted from one to hundreds of times by their abusive partners, and their
injuries or trauma may sometimes be permanent, these cases indicate that
the physical abuse can be stopped.
The prevalence of woman abuse in intimate relationships provides chal-
lenges and opportunities for implementing new and responsive legislation,
funding appropriations, legal remedies, law enforcement policies, and the
full spectrum of mental health, substance abuse, shelter and transitional
housing, and social services. The next section of this chapter provides up-to-
date information on domestic violence myths and facts. The third section
provides a brief historical background on domestic violence policies and pro-
grams, with particular emphasis on shelters, police- and court-based domes-
tic violence programs, and social services. The chapter closes with a discus-
sion of important current legislation—the Violence Against Women Act
(VAWA) 2000—which has transformed and bolstered the movement to pre-
vent and eliminate woman battering as a major public health and criminal
justice problem.

CORRECTING THE COMMON MYTHS

A number of myths and stereotypes hinder both an accurate knowledge of


the nature, extent, diversity, and intensity of woman battering and effective
intervention. Enormous progress has been made in the past few years in
regard to major policy reforms and program development. Recent legisla-
tion, increased federal and state funding, more sensitive police and court
responses, and community-wide case management approaches offer much
promise to lessening the battering of women in the United States. But for
agency policies and program developments to be implemented effectively,
our attention needs to be directed toward the facts and realities of domestic
violence against women rather than the myths. This book was written to
debunk the traditional myths and replace them with new knowledge and
strategies for research, social action, public policy, legal remedies, and inter-
vention.
The overriding objective of fact statements is to end the prejudice and
emotional fervor of societal myths and replace them with accurate informa-
tion based on systematic research. Unfortunately, myths maintain and rein-
6 Introduction, Public Policy, Research, and Social Action

force faulty and incorrect assumptions about woman battering, as well as


distorting public attitudes and promoting misunderstanding of the issues. To
help develop realistic intervention strategies, legal remedies, and responsive
legislation, I delineate the main myths regarding woman battering and cor-
rect them with real cases and facts. Academic scholars, educators, domestic
violence advocates, criminologists, social workers, psychologists, and family
violence researchers are committed to correcting myths with scientific facts,
research findings, and realistic solutions to eliminating domestic violence.

Myth 1 Woman battering is a problem only in the lower socioeconomic class.

Facts and Reality Woman battering takes place in all social classes, reli-
gions, races, and ethnic groups. Although violence against women seems to
be more visible in the lower class because it is more frequently reported to
the police and hospital emergency rooms in inner-city neighborhoods, it is
increasingly being recognized as a pervasive problem in middle- and upper-
class homes as well. There is a large and hidden group of battered women
living in highly affluent suburbs throughout the United States. Because the
battering incidents in wealthy households are usually intermittent, some-
times even skipping a year, and the women may live on 2- or 3-acre estates,
the neighbors rarely hear the violence. Women in these tormenting, volatile,
and unpredictable marriages become traumatically bonded to their abusive
partners. Unfortunately, these women rarely report the abusive incidents to
the police, and when they need medical treatment, they see the family physi-
cian and explain that they are accident-prone.
Case Illustration Arlene is a 39-year-old alumna of Radcliffe College. She
was a debutante and grew up in Westchester County, New York. Her
mother was a socialite, and her father was a chief executive officer of a
Fortune 100 company. She married immediately after graduating from col-
lege without having ever had a job. She married Steven, vice president of a
family-managed Fortune 500 company. The first battering incident occurred
on Arlene’s honeymoon in Hawaii, and she felt that she deserved it because
she woke Steven up by accident when she went to the bathroom at 9:00 A.M.
She has been intermittently abused once every 6 to 14 months for the past
17 years. She claims that there have been a lot of good times, and she and
Steven take big vacations twice a year. She also feels that he is very good to
their three children. She said that she had to go to the hospital only twice,
and there were only scars, no permanent injuries. She plans to stay in the
relationship for the sake of her children and because she enjoys her social
prominence, which she feels would be compromised with a divorce because
there would be such a bitter legal battle (Author’s files).
What do the following six men have in common besides their six-figure
annual incomes? A San Diego (California) municipal court judge, medical
Myths, Facts, and Realities: An Overview 7

doctor, and attorney; and a New York City former Supreme Court judge,
medical doctor, and attorney. All six of these prominent men with aspiring
careers have a history as perpetrators of domestic violence against their inti-
mate partners.
Other examples of wealthy batterers and their partners include attorney
Joel Steinberg, who psychologically tortured and abused his intimate part-
ner, Hedda Nussbaum (a children’s book editor at Random House), for
many years and murdered their daughter Lisa Steinberg; and homicide victim
and former model Nicole Brown Simpson, whose violent death received in-
tensive media scrutiny during 1994 and 1995 because of police reports that
she had been beaten several times by her ex-husband, former football legend
O. J. Simpson. Several years ago, headlines in the New York Times and
Washington Post revealed that John Fedders, former head of the Securities
and Exchange Commission, battered his wife for many years before she filed
for divorce. Also, in her book, Georgette Mosbacher, former wife of the
CEO of Fabergé, describes the years of battering she endured while married.
Although woman battering occurs in all socioeconomic classes, it is re-
ported to be more prevalent in the lowest economic groups. According to a
special report of the Bureau of Justice Statistics (Rennison & Welchans,
2000) on intimate partner violence, women living in low-income households
defined as having annual household incomes under $7,500 were almost
seven times more likely to be victimized by their partners than women with
annual household incomes of $75,000 and over (20% versus 3% per 1,000).
The U.S. Department of the Justice’s National Crime Victimization Survey
Report for 1993 to 1998 indicates that women with a family income under
$7,500 were approximately five times more likely to be a victim of a violent
incident perpetrated by an “intimate” than were women with a family in-
come of $50,000 to $74,000 (Rennison & Welchans, 2000).

Myth 2 Woman battering is not a significant problem because most inci-


dents are in the form of a slap or a push that do not cause serious medical
injury.

Facts and Reality Woman battering is a very serious problem that places
victims at risk of medical injuries as well as homicide. The lifetime preva-
lence of intimate partner battering reported by studies of hospital emergency
rooms ranges between 11% and 54% (Dearwater et al., 1998). According
to the National Violence Against Women survey, 41.5% of the women in
the survey sustained injuries as a result of being attacked. The injuries in-
cluded cuts and bruises, broken bones and internal injuries, knife wounds,
gunshot wounds, and being knocked unconscious (Tjaden & Thoennes,
2000). One study found that one in three battered women (35%) had suf-
fered a head injury from an assault (Monahan & O’Leary, 1999).
8 Introduction, Public Policy, Research, and Social Action

Many cases of domestic violence have lethal consequences. According to


the Federal Bureau of Investigation (FBI) Uniform Crime Reports, 32% of
the 3,419 women killed throughout the United States in 1998 were mur-
dered by an intimate partner—a husband, former husband, current boy-
friend, or former boyfriend. Recently, a growing number of states have
passed legislation authorizing domestic violence fatality reviews, the goal
being to develop a database and profiles so that law enforcement and public
health officials will be in a better position to predict potentially deadly cases
of domestic violence and institute safety plans to prevent homicides of bat-
tered women, as well as murder-suicides. In 2000, five states—Florida,
Iowa, Minnesota, Tennessee, and Washington—passed legislative measures
to either create or institutionalize trained interdisciplinary teams to perform
fatality reviews of domestic violence–related deaths. Legislation in Kentucky
permits the county domestic violence coordinating councils to create their
own domestic violence fatality review teams.
Case Illustration Delores, age 42, described her injuries from years of
battering: “Two broken ribs, scars on my elbows and thighs, bruises on my
back and neck. Broke my bridge in five places. All of my top teeth are loose.
My glasses were broken.” In addition, “He threatened to kill me. If he was
drunk enough, I thought he would. He always said, ‘If I ever catch you with
another man, I’ll kill you’ and ‘If you leave me, I’ll blow your brains out
(author’s files).’”

The following random selection of woman battering cases from my research


files illustrates the nature and types of medical injuries sustained by battered
women:

Case 1: I needed medical assistance for a broken arm, but I refused to tell
the doctor the source of my injury. My husband was in the emer-
gency room with me (fear of retaliation, and worse injuries).
Case 2: I never received medical attention. As a result of the abuse, I had
black eyes, bruises, a concussion, and bleeding from scrapes.
Case 3: I was taken to the hospital after my husband pushed me down a
flight of stairs. I had a broken leg and severe back pain after that
incident.
Case 4: I was badly beaten when I was pregnant, and I needed medical
attention. Hemorrhaging began, and I was afraid to return to the
hospital. The doctor told me that it was possible the baby won’t
survive the abuse.
Case 5: I never needed medical help. My abuser choked me and then just
walked out.
Case 6: I needed to go to the hospital for severe burns all over my body,
but I was afraid to leave the house.
Case 7: I needed to go to a doctor because I was bleeding from my ear,
and Pedro had broken my jaw.
Myths, Facts, and Realities: An Overview 9

Case 8: I fought back, and slashed my abuser with a box cutter. We were
both arrested.
Case 9: Theodore used a razor on me and cut up my face. I needed 113
stitches to my face and neck, plus I had numerous wounds on my
breasts that needed stitches.

Myth 3 The police never arrest the batterer because they view domestic
violence calls as a private matter.

Facts and Reality As of 2001, all 50 states had implemented warrantless


arrest policies. In recent years there have also been sweeping changes in terms
of mandated domestic violence police training, specialized police domestic vio-
lence units, collaborative community police and prosecutor response teams,
enhanced technology, and collaboration between victim advocates and police
to enhance victim safety and offender accountability. For complete informa-
tion on police responsiveness and program developments, see chapter 6, on
police responses to domestic violence, and chapter 17, on police-based crisis
intervention programs in Arizona, Texas, and New Jersey. Before 1985, police
often did not want to arrest the batterer when they were called to the scene in
a domestic violence case. However, the decision in Thurman v. The City of
Torrington (1985) served notice to police departments across the country to
treat domestic violence reports as they would any other crime in which the
perpetrator and victim do not know each other.
In this Torrington, Connecticut, case, Tracey Thurman had repeatedly
begged the police for protection from her former husband, Charles “Buck”
Thurman. In one instance, the police were called to Tracey Thurman’s resi-
dence because her former husband was beating and stabbing her just outside
her home. When the police officer finally arrived (his arrival was delayed for
approximately 20 minutes while he went to the station to “relieve himself”),
he asked Buck for the knife but did not handcuff or attempt to arrest him.
Buck then continued to brutalize Tracey, kicking and stomping on her and
causing serious injuries, including partial paralysis. Tracey won her lawsuit
against the Torrington police department for its negligence in not arresting
Buck and for violating her constitutional rights to equal protection. Tracey
Thurman was awarded $2.3 million in compensatory damages, which was
later reduced to $1.9 million. Because of this large settlement, this case is
credited as being the catalyst for the development of mandatory arrest laws
in a growing number of states.
As discussed in chapter 6, by 1999, a total of 21 states had enacted man-
datory arrest policies for the perpetrators of domestic violence, although in
several of the states arrest is mandatory only when the batterer violates a
restraining order. In addition, chapter 6 discusses changes in state statutes
expanding the police’s arrest powers. Specifically, arrest is recommended
when there is probable cause—reasonable grounds such as a visible injury.
10 Introduction, Public Policy, Research, and Social Action

New York’s Family Protection and Domestic Violence Intervention Act of


1994 requires police to make arrests in cases in which there is reasonable
cause to believe that a felony or misdemeanor was committed by one family
or household member against another or if an order of protection was vio-
lated. As of 1994, arrest is mandatory in New Jersey if a woman suffers an
injury or complains of injury. In addition, weapons are seized whether or
not the batterer has a gun permit and needs his weapon because he is a
police officer or correctional officer. New Jersey law states that arrest is
mandatory for violating a restraining order if it involves a new act of domes-
tic violence.
Case Illustration I had black eyes from his hitting and punching me. I
called 911, and the police came, and I said to arrest him. He told them I
was nuts because I was on pills from the doctor. The house was a mess, and
I had the baby. The police officer believed me, and they arrested him. One
officer asked me if I had anywhere to go, so I said I was from New Jersey
and my mother was there. He advised me to go back to New Jersey with the
money I had. The police said otherwise it would happen again. So I called
my mother, bought a ticket, and left the next morning. He [the batterer]
called and told me to drop the charges while I was packing to leave. I told
him no (Roberts, 1996).

Myth 4 Temporary restraining orders and protective orders rarely are effec-
tive in stopping the battering.

Facts and Reality In recent years, family, criminal, and specialized do-
mestic violence courts have instituted major institutional reforms, including
technology enhancement, automated case tracking systems, more victim pro-
tection of their confidentiality rights (e.g., new address, new unlisted phone),
and offender accountability. The research has begun to demonstrate that
thousands of women are being helped and having their legal rights protected
by court orders. Recently, courts have revised their policies on child custody
visitation rights when domestic violence is an issue, as demonstrated in chap-
ter 7. The newest innovations are around-the-clock methods of issuing tem-
porary restraining orders and providing pro bono attorney 24 hours a day,
7 days a week (see chapter 9). In addition, approximately, 60 law schools
throughout the United States have student domestic violence law clinics and
seminars. Women who cannot afford an attorney now have an additional
alternative besides a legal aid attorney in specially trained law students. For
further details on the latest program developments, see chapters 7 and 9.

Myth 5 All batterers are psychotic, and no treatment can change their vio-
lent habits.

Case Illustration Ralph was 28 years old when he was referred to the
6-month family service batterers counseling program in Indianapolis. He
Myths, Facts, and Realities: An Overview 11

was one of the 30 batterers with whom the author conducted voluntary in-
depth interviews. This case illustrates intense work-related stress, negative
self-talk, and unrealistic expectations of one’s wife as precursors to intimate
partner violence. It also illustrates some of the benefits of group counseling.

In the words of Ralph: It’s a dangerous job. The stress was that I had to
get something better than carpentry, even though I loved building furni-
ture. Then, I got a better job, a line man for the power company, but it
was very dangerous. Guys have gotten their arms blown up, and you wear
rubber gloves and sleeves. I felt I could really do it if I tried hard enough.
They have electric utility poles 120 feet up in the air. I needed the higher
salary to pay for Julie’s college tuition. Unfortunately, I would come home
tired after work. Julie would want to go out almost every night, especially
during senior year. She would go bowling herself. One night I went out to
look for her. I found her in a car making it with another guy in the bowl-
ing alley parking lot. She got out of the car when she saw me, and the guy
took off. I took her home. I couldn’t sleep, so I woke up and started chok-
ing her. I almost killed her. I felt real bad afterward.
In group counseling, I’ve learned that I was trying to control her life. It
upset me when she flirted with other guys. I kept giving myself the wrong
messages that once she graduated with her accounting degree and got a
big job, she would leave me. I kept telling myself that she didn’t love me
and that’s why she refused to stay home with me at night. Actually, she
was just blowing off steam and would never go out if she was working on
a school assignment or studying for a test. I guess I’m insecure because she
eventually graduated college, and I never went to college. All through our
3-year marriage I was afraid that she would leave me. (Author’s files)

Joann and Paul were in their early 30s and living in a five-bedroom Colo-
nial (which cost $500,000) when the abuse started. Joann called this home
her dream house in the suburbs. In addition, both Joann and Paul leased
relatively new cars and had recently joined the local country club. Joann and
Paul had dated for 6 years before they got married. She supported him
through his last 2 years of dental school. During the time they were dating,
Paul would spend what little money he had on gifts of flowers and perfume
for Joann. The physical abuse started after they had been married for almost
5 years. Joann made a lot of money as a television writer and was able to
give Paul the money he needed to become a partner in a thriving dental
practice. They also had two children, aged 1 and 2, when Paul’s temper
tantrums and abuse started.

It was the week after New Year’s, and he came home from work drunk. I
tried to keep his dinner warm until 10:00 P.M. when he got home. Paul
started screaming and yelling and threw the food on the floor. He then
knocked me down on the slate floor and started choking me. During this
time he is yelling at me that I am a bad Catholic because the house is
12 Introduction, Public Policy, Research, and Social Action

sloppy, and dinner was burnt. He beat me about eight times during the
next 6 months until I finally left him, and got a permanent order of protec-
tion from the court. I learned at an early age in my church that when you
get married, you are married forever. If you make a mistake like overcook-
ing dinner, you try to do better. If your husband makes a mistake and gets
drunk, you forgive him and make up. It was June, and I was having night-
mares almost every night. My 2-year-old son was acting out and throwing
toys at me and the other kids in playgroup. The last straw was on a Sunday
afternoon in early June, and it was pouring buckets of rain outside. I had
made egg salad for lunch, and Paul had a tantrum in front of our babies.
He spread the egg salad on the wall and then ripped the phone cord out
of the wall and started punching me and pulling my hair out. He was an
officer in the army reserves and had been in the Persian Gulf War. He told
me that the military had taught him how to torture and kill the enemy,
and I was the enemy sometimes because I was a terrible cook and forgot
to take the garbage out to the garage. He was yelling that he was going to
remove all of my teeth and was dragging me by my hair into the master
bathroom. Somehow I had a burst of adrenaline and was able to get loose
and hit Paul in the head with the bathroom scale and kick him in the balls
and run outside to a neighbor’s house and call the police. My head needed
14 stitches in the hospital emergency room, and my hair still has not
grown back in the place where he yanked it out. To this day, Paul does
not understand why I divorced him, obtained full custody of our two kids,
and moved away. (Author’s files)

Facts and Reality The majority of men who assault women can be
helped. Three main types of intervention are available for men who assault
their intimate partners: arrest, psychoeducational groups, and court-man-
dated group counseling. There is a dearth of longitudinal outcome studies on
the effectiveness of batterers’ treatment programs, but a number of program
evaluations indicate that this approach is successful in reducing recidivism.
A review article evaluating the effectiveness of different types of batterers’
intervention programs indicated that a large proportion of abusive partners
stopped their physical abuse after completion of such a program; positive
outcomes ranged from 53% to 85% (Edleson, 1996). A New York study
sponsored by Victim Services demonstrated that participants in a 6-month
batterers’ counseling program (26 weekly sessions) had significantly lower
recidivism rates at both 6 and 12 months after sentencing (court-mandated
counseling as part of probation) when compared with participants in 8-week
batterers’ counseling programs or community service, fines, or traditional
probation supervision (Davis, Taylor, & Maxwell, 2000). The most frequently
used treatment approaches are cognitive-behavioral approaches anger man-
agement techniques, communication and empathy skills, and the psychoedu-
cational approach. Earlier studies have shown that mandatory arrest has
worked for some types of batterers but not others. In their study of 1,200
cases in Milwaukee, Sherman and associates (1992) found that arrest seemed
Myths, Facts, and Realities: An Overview 13

to result in an escalation of battering among unemployed minorities,


whereas arrest had a deterrent effect among abusers who were employed,
white, and married at the time of the study. See chapter 6 for a detailed
discussion of the recent studies of the deterrent effect of arrest of different
subgroups of batterers.
The Duluth, Minnesota, Domestic Abuse Intervention Project (DAIP)
conducted a 12-month follow-up study in which battered women were asked
their opinion of the intervention that the project had used in an effort to
make the batterer change his violent habits. Of the women studied, 60%
said they felt there was improvement when the batterer took part in educa-
tion and group counseling, whereas 80% stated that the improvement had
resulted from a combination of involvement by the police and the courts,
group counseling, and the shelter (Pence & Paymar, 1993).

Myth 6 Although many battered women suffer severe beatings for years,
only a handful experience symptoms of posttraumatic stress disorder (PTSD).

Facts and Reality Tina, age 25, recounted her suicide attempt and intru-
sive thoughts about the traumatic abusive incidents:

I tried to kill myself because of depression over life in general. I was fed
up—sick and tired of being beaten and miserable and taken advantage of.
I kept having recurring nightmares about the battering and death threats.
Thoughts of the beatings kept popping into my mind almost every morn-
ing. . . . My body took the drugs. I couldn’t OD [overdose]. I tried to hang
myself in my backyard, but someone pulled into my driveway and rescued
me. I found recently I have a lot to live for. (Roberts, 1996)

Three clinical studies of battered women living in shelters or women at-


tending community-based self-help groups found PTSD rates ranging from
45% to 84% (Astin, Lawrence, Pincus, & Foy, 1990; Houskamp & Foy,
1991; Kemp, Rawlings, & Green, 1991). These studies revealed a significant
association between the extent and intensity of battering experiences and
the severity of PTSD symptoms. See chapter 13 for a detailed discussion of
assessment scales, PTSD symptoms, and mental health interventions with
battered women.
Chapter 11 provides a detailed discussion of the admissibility of expert
testimony on battered woman syndrome and PTSD to support self-defense
claims made by battered women charged with killing their abusers. In some
cases the expert testimony and the distortions of it by the press can lead to
a more severe sentence (e.g., 15 to 20 years or a life sentence).

Myth 7 Battered women who remain in a violent relationship do so because


they are masochistic.
14 Introduction, Public Policy, Research, and Social Action

Facts and Reality Most battered women who remain in an abusive rela-
tionship do so for the following reasons:

Economic need (e.g., financial dependency)


Intermittent reinforcement and traumatic bonding (e.g., the development
of strong emotional attachments between intimate partners when the
abusive partner is intermittently kind, loving, and apologetic for past
violent episodes and promises that it will never happen again, inter-
spersed with beatings and degrading insults)
Learned helplessness (e.g., when someone learns from repeated, unpleas-
ant, and painful experiences that he or she is unable to control the aver-
sive environment or escape, that person will gradually lose the motiva-
tion to change the situation)
The fear that the abuser will hunt down the victim and kill her if she leaves
Fear that leaving the relationship and moving to a new location will be a
disruption for the children, and she can lose custody permanently

See chapter 2 for a detailed discussion of the theories and causal explana-
tions of woman battering, with case applications of each theory.

Myth 8 Children who have witnessed repeated acts of violence by their fa-
ther against their mother do not need to participate in a specialized counsel-
ing program.

Case Illustration We had been arguing; I can’t remember what about. He


became violent and ripped the phone wire off because I tried to call the
police. He tied me up with the wire and burned me with an iron. He ran
outside and ripped some kind of plug from my car so that it wouldn’t work.
Both my children were there. My daughter was 6, and she was screaming.
My son was 5, and he just stayed away and hid under his bed.
Facts and Reality Research indicates that in the United States between
3.3 million and 10 million children are exposed to domestic violence annu-
ally. Several studies have consistently demonstrated the long-lasting harm to
children resulting from exposure to violence between their parents. These
children exhibit a range of adjustment and anxiety disorders, cognitive and
emotional impairments, difficulty in school, social deficits, and aggressive
and acting-out disorders. Boys who have witnessed their mother being as-
saulted by a father or stepfather have a greater likelihood of becoming an
abuser when they become adults, and girls have a greater likelihood of be-
coming a victim of domestic violence when they reach adulthood (Fantuzzo
et al., 1997; Carlson, 1984, 1996; Behrman, 1999).
A report from the American Bar Association (1994) entitled The Impact
of Domestic Violence on the Children urges lawyers and judges to more
actively protect children from the devastating impact (both physical and psy-
Myths, Facts, and Realities: An Overview 15

chological) of domestic violence. The report provides the following revealing


statistics about children and youth who have witnessed domestic violence:
Seventy-five percent of the boys who were present when their mothers were
beaten were later identified as having demonstrable behavior problems; be-
tween 20% and 40% of chronically violent teens lived in homes in which
their mother was beaten; 63% of males in the 11-to-20 age-group who are
incarcerated on homicide charges had killed the man who battered their
mother.
Jaffe, Wolfe, and Wilson (1990) found that although group counseling
was helpful for children with mild to moderate behavior problems, more
extensive individual counseling was required for children who witnessed on-
going and severe violent episodes. Jaffe and associates reported on a 4-year
study of 371 children who had lived in violent homes. They found that
group counseling had helped the children “improve their self-concept, under-
stand that violence in the home was not their fault, become more aware of
protection planning, and learn new ways of resolving conflict without resort-
ing to violence” (p. 90).
See chapter 16 for a detailed discussion of crisis assessment and interven-
tion, shelter-based programs, and group therapy for children of battered
women, as well as a review of the evaluations and outcome studies of these
programs.

Myth 9 There are no marginalized and “throwaway battered women”—no


women with serious mental health disorders, AIDS, PTSD, polydrug abuse,
and/or developmental disabilities.

Facts and Reality Many thousands of battered women in the United


States and Canada suffer from psychiatric conditions, substance abuse, phys-
ical handicaps, developmental disabilities, and life-threatening medical con-
ditions such as AIDS and cancer. For years, these most vulnerable battered
women have largely been neglected by domestic violence programs, the health
care system, and the criminal justice agencies. More recently, several model
programs have been developed to provide them with legal advocacy and legal
representation, medical and/or mental health treatment, financial assistance,
addictions treatment, and a continuum of community support services. For
further details, see chapters 9, 14, and 15.

Myth 10 Alcohol abuse and/or alcoholism causes men to assault their part-
ners.

Facts and Reality Although research indicates that there seems to be a


higher rate of domestic violence among heavy drinkers than among nondrink-
ers, the majority of batterers are not alcoholics, and the overwhelming major-
16 Introduction, Public Policy, Research, and Social Action

ity of men classified as high-level or binge drinkers do not abuse their partners
(Straus & Gelles, 1990).
In many cases, alcohol is used as an excuse for battering, not a cause.
Disinhibition theory suggests that the physiological effects of heavy drinking
include a state of lowered inhibitions or control over the drinker’s behavior.
Marlatt and Rohsenow (1980) found that the most significant determinant of
behavior right after drinking is not the physiological effect of the alcohol itself
but the expectations that individuals place on the drinking experience. Remov-
ing the alcohol does not cure the abusive personality. See chapter 15 for a
discussion of the need for two independent forms of treatment for chemically
dependent battered women.

Myth 11 It is extremely rare for a battered woman to be homeless.

Facts and Reality A survey of the large cities by the U.S. Conference of
Mayors found that domestic violence was the primary cause of homelessness
among women. Statewide surveys of women in homeless shelters in Massachu-
setts, Michigan, Minnesota, and Virginia indicated that 24% to 56% of the
women were homeless, at least in part, due to domestic violence.

Myth 12 Elder abuse is neither prevalent nor dangerous.

Case Illustration In chapter 23, P. Brownell describes the case of Mr. and
Mrs. M., both of whom are 90 years old. Mr. M., now retired, was a manual
laborer and is in good health. Mrs. M. has a heart condition and is physically
frail and emotionally depressed. Both refuse home care beyond the 28 hours
per week of home health care funded by Medicare, in spite of the around-the-
clock needs of Mrs. M., which Mr. M. provides. One afternoon Mr. M. gets
drunk and beats up Mrs. M. in the front yard, where the neighbors can wit-
ness it. An ambulance is called, and Mrs. M. is hospitalized. She claims not to
remember the battering incident and refuses to prosecute her husband.
Facts and Reality As described in chapter 25, research data indicate a 3 to
12 per 1,000 prevalence rate of elder abuse among adults who are 60 years
of age and older. According to the 1990 report of the House of Representa-
tives Select Committee on Aging, Elder Abuse: A Decade of Shame and Inac-
tion, more than 1.5 million older persons may be victims of abuse by their
aging spouses as well as their adult children. This figure is only an estimate
because there is no accurate reporting system for elder abuse incidents. Given
the hidden nature of elder abuse and the increased longevity of vulnerable
elderly persons, we can expect a sharp increase in elder abuse. This projection
is based on the anticipated increase to 25.1 million Americans at least 75 years
of age and over, and 6 million Americans who will be 85 years of age or older
by 2025. See chapter 23 for a discussion of battered and neglected elderly
women, social service plans and police complaint reports as a source of early
Myths, Facts, and Realities: An Overview 17

case findings, the need for statutory or mandatory reporting of elder abuse
and financial exploitation (as is done in child abuse cases), and a model case-
management strategy.

HISTORICAL BACKGROUND

Women have been battered by their partners for centuries. Indeed, in most
societies, brutal whippings and beatings seem to have been the most salient
way of keeping spouses from leaving their husbands. The Chicago Protective
Agency for Women and Children was established in 1885. According to
feminist historian Elizabeth Pleck (1987), this organization—which pro-
vided legal aid, court advocacy, and personal assistance—was the most im-
portant agency effort of the nineteenth century to help women who were
victims of physical abuse. An abused woman could receive up to 4 weeks of
shelter at the refuge run by the Women’s Club of Chicago; in addition, bat-
tered women were able to receive an equitable amount of property in divorce
settlements. The agency also helped abused women secure legal separations
and divorces after proving extreme cruelty and/or drunkenness on the part
of their husbands.
Between 1915 and 1920, another 25 cities followed Chicago’s lead in
establishing protective agencies for women, but only a few of these programs
lasted beyond the 1940s. The new Women’s Bureaus were a separate unit
of the police department and were responsible for helping runaway girls,
prostitutes, abused women, and abused children. Although the police social
workers in these units did not supply legal aid, they did provide counseling,
court advocacy, and job placement and arranged for temporary housing for
abused women and transient youths. The largest numbers of police social
workers in Women’s Bureaus were in Chicago, Cleveland, Baltimore, De-
troit, Pittsburgh, Los Angeles, Minneapolis, New York City, Portland, Seat-
tle, St. Louis, St. Paul, and Washington, D.C. (Roberts, 1990). However, by
the 1940s most of the police Women’s bureaus had been eliminated by a
new police chief, city manager, or mayor. In a few police departments the
bureaus were changed to crime prevention bureaus, and a male police ad-
ministrator replaced the woman director. Following the downfall of the po-
lice social work movement, it was rare for any help to be offered to battered
women until new efforts grew out of the contemporary women’s rights
movement, which began in the 1970s.
By the late 1970s, emergency shelters, 24-hour hotlines, and a network
of volunteer host homes were developed to aid battered women throughout
the United States, Canada, and Great Britain. The first shelter, Chiswick
Women’s Aid, was opened in London in 1972 by Erin Pizzey, whose efforts
to provide emergency housing for abused women and their children inspired
others throughout the Western world to do the same. By 1977, a total of 89
18 Introduction, Public Policy, Research, and Social Action

shelters for battered women had been opened throughout the United States,
and that year the shelters’ 24-hour hotlines received over 110,000 calls from
battered women.
The major self-reported strengths of emergency services were shelter, 24-
hour hotlines, peer counseling, court advocacy, legal aid, and the commit-
ment of staff and volunteers (many of whom worked 50 to 60 hours per
week, including evenings and weekends). The main problems were over-
crowding in the shelters, lack of stable funding, rapid turnover of full-time
staff and attrition of volunteers, lack of cooperation by local police and the
courts, and poor interagency relations and linkages (Roberts, 1981).
In the mid-1990s, the pendulum swung from an earlier emphasis on pro-
viding emergency shelter and collecting data on the number of women who
were victimized to an emphasis on implementing legal remedies, proarrest
policies, case management services, and treatment programs for battered
women. Beginning in 2000, a new emphasis was taking hold, namely, the
expansion of coordinated specialized police and prosecutor domestic vio-
lence programs, integrated case management and technology solutions via
domestic violence courts, and support groups, transitional housing, and elec-
tronic technology to aid battered women and their children.
By 1990, there were more than 1,250 battered women’s shelters through-
out the United States and Canada (Roberts, 1990). In addition, crisis-ori-
ented services for battered women are provided at thousands of local hospi-
tal emergency rooms, hospital-based trauma centers, emergency psychiatric
services, suicide prevention centers, community mental health center crisis
units, and pastoral counseling services (Roberts, 1995). By the year 2000,
the number of shelters for battered women and their children had increased
to over 2,000 throughout the United States (see chapter 17 for a detailed dis-
cussion of 24-hour crisis hotlines and emergency shelters for battered women
and their children).
A number of states have enacted special legislation that provides funding
for hotlines and shelters for victims of domestic violence. Every state and
major metropolitan area in the country now has crisis-intervention services
for battered women and their children. Although the primary goal of these
services is to ensure the women’s safety, many shelters have evolved into
much more than just a place for safe lodging. Crisis intervention for battered
women generally includes a 24-hour hotline, a safe and secure emergency
shelter (the average length of stay is 3 to 4 weeks), an underground network
of volunteer homes and shelters, and welfare and court advocacy by student
interns and other volunteers (Roberts, 1984, 2000). Many shelters also offer
peer counseling, support groups, information on women’s legal rights, and
referral to social service agencies.
In some communities, emergency services for battered women have ex-
panded to include parenting education workshops, assistance in finding
housing, employment counseling and job placement for the women, and
Myths, Facts, and Realities: An Overview 19

group counseling for the batterers. In the all-too-often neglected area of as-
sessment and treatment for the children of battered women, a small but
growing number of shelters provide group counseling, play therapy, art ther-
apy, or referral to mental health centers.
Planned social change and a sharp reduction in a serious social problem
such as woman battering usually take place after (1) legislators, human ser-
vice administrators, prosecutors, and judges become aware that the problem
affects a large number of people (more than 1 million) and is life-threatening;
and (2) collective action is taken by large organizations, interest groups, and
statewide coalitions to alleviate the problem.
In this book, the contributors document the extensive efforts, demonstra-
tion projects, research, and recent legislation on behalf of battered women.
We know that legislation aimed at resolving a social problem has the most
potential for success if a major appropriation is attached to compliance with
the legislation. For example, to receive federal funds from the Juvenile Jus-
tice and Delinquency Prevention Act of 1974, each state had to develop and
implement a plan to deinstitutionalize all status offenders and neglected and
abused youths from juvenile institutions and adult jails. A number of states
complied with the mandate and monitored adult jails for many years after-
ward to make sure that juvenile status offenders were not confined with
adult offenders.
Funding for domestic violence programs and services has utilized an incre-
mental approach to building support year after year to ultimate passage of
the Violence Against Women Act (VAWA) of 1994. This legislation included
a $1.2 billion appropriation for fiscal years 1995–2000 (1) to improve the
criminal justice response to violent crimes against women; (2) to expand
services and community support for domestic violence victims; (3) to im-
prove safety for women in public transit and public parks and assistance to
victims of sexual assault; and (4) to provide support for a variety of educa-
tional, health, and database services (e.g., educating youth about domestic
violence, developing national projections of injuries caused by domestic vio-
lence and recommended health care strategies, and improving the incorpora-
tion of data regarding stalking and domestic violence into local, state, and
national crime information systems).
Although considerable progress has been made in funding domestic vio-
lence programs in the past 8 years, much remains to be done. There is still
disproportionately less funding for victim assistance programs than for pro-
grams and institutions for convicted felons. For example, the Violent Crime
Control and Law Enforcement Act of 1994 authorized nearly $9.9 billion
for prisons and an additional $1.7 billion for alternative detention programs,
whereas the VAWA of the 1994 crime bill authorized a total of only $1.2
billion over 5 years for criminal justice programs and social services to aid
battered women and victims of sexual assault. However, the federal govern-
ment did increase funding substantially with Congress’s reauthorization of
20 Introduction, Public Policy, Research, and Social Action

the VAWA in October 2000 and the authorization of $3.3 billion over 5
years for a continuum of community services to aid survivors of domestic
violence, sexual assault, and stalking.
On the positive side, VAWA 2000 has created new targeted programs
(e.g., grants to encourage arrests, judicial training, legal assistance for vic-
tims, transitional housing after short-term emergency shelter, emergency
shelters and crisis intervention services in rural communities, and rape pre-
vention and education programs) and significantly increased funding autho-
rization levels for domestic violence and sexual assault intervention pro-
grams, with demonstrated results.
Federal grants for law enforcement agencies and prosecutors’ offices to
develop timely criminal justice system responses, domestic violence training
for police and prosecutors, and integrated criminal justice programs with the
community network of domestic violence services are known as Services and
Training for Officers and Prosecutors (STOP) grants. Within the VAWA
2000 legislation, the STOP program encourages community-wide collabora-
tion between specialized police-based domestic violence units, the city and
county prosecutors’ offices, victim-witness and victim service units, and bat-
tered women’s shelters.
One of the primary limitations of VAWA 2000, which domestic violence
advocates are addressing, is its decreased funding for the formula STOP
grants as a result of Congress’s decision to fund new specialized domestic
violence and sexual assault programs and rapidly increase services to tar-
geted underserved populations. In anticipation of further decreases in the
2002 fiscal year federal budget, domestic violence coalitions recently began
campaigning for and advocating full funding of VAWA, including separate
appropriations for STOP grants, which have been the cornerstone of VAWA
from the beginning in 1994.
Later chapters will provide detailed discussions of innovative national and
local police- and court-based programs, emergency shelters, crisis hotlines,
and extensive networks of support groups, as well as national and statewide
coalitions and how these criminal justice practitioners, social service provid-
ers, and advocacy groups were instrumental in improving responses to bat-
tered women. Chapter 19 provides information on the effectiveness of sup-
port groups for battered women. Starting in 1984 with the passage of the
Victims of Crime Act (VOCA), the federal government has allocated millions
of dollars through state and local agencies to support prosecutor-based vic-
tim-witness assistance for all victims of violent crimes, sexual assault dem-
onstration projects, battered women’s shelters, and court-based victim as-
sistance. The VAWA, which was signed into law by President Clinton on
September 13, 1994, provided an appropriation of $1.2 billion to improve
and expand crisis services, criminal justice agency responses, housing, and
community support programs for victims of domestic violence and sexual
assault. Finally, a significant federal funding increase took place in October
Exploring the Variety of Random
Documents with Different Content
CHAPTER XLVI.
“OUR LITTLE WAR WITH THE HEATHEN.”
The representations made to the Department of State at Washington by
Dr. S. Wells Williams, concerning the General Sherman, and by Consul-
General George F. Seward, in the matter of the China, affair, directed the
attention of the Government to the opening of Corea to American
commerce. The memorial of Mr. Seward, dated October 14, 1868,
reviewed the advantages to be gained and the obstacles in the way. The
need of protection to American seamen was pointed out, and as Japan
had been opened to international relations by American diplomacy, why
should not a smaller nation yield to persuasion? American merchants in
China having seconded Mr. Seward’s proposal, the State Department took
the matter into serious consideration, and, in 1870, resolved to undertake
the difficult enterprise.

The servants of the United States who were charged with this delicate
mission were, Mr. Frederick F. Low, Minister of the United States to Peking,
and Rear-Admiral John Rodgers, Commander-in-Chief of the Asiatic
squadron. Mr. Low was directed by Secretary Fish to gain all possible
knowledge from Peking, and then proceed on the admiral’s flag-ship to the
Corean capital. He was to make a treaty of commerce if possible, but his
chief aim was to secure provision for the protection of shipwrecked
mariners. He was to avoid a conflict of force, unless it could not be
avoided without dishonor. “The responsibility of war or peace” was to be
left with him and not with the admiral. 1

There was at this time, all over the far East, a feeling of uncertainty
[404]and alarm among foreigners, and many portentious signs seemed to
indicate a general uprising, both in China and Japan, against foreigners.
The example of Corea in expelling or beheading the French priests acted
as powerful leaven in the minds of the fanatical foreigner-haters in the
two countries adjoining. The “mikado-reverencers,” who in Japan had
overthrown the “Tycoon” and abolished the dual system of government,
made these objects only secondary to the expulsion of all aliens. The cry
of “honor the mikado” was joined to the savage yell of the Jo-i (alien-
haters), “expel the barbarians.” In China the smothered feelings of
murderous animosity were almost ready to burst. The air was filled with
alarms, even while the American fleet was preparing 2 for Corea.

Rear-Admiral Rodgers, 3 who had taken command, and relieved Admiral


Rowan, August 20, 1869, began his preparations with vigor.

In a consultation held at Peking during November, 1870, between the


admiral, minister, and consul general, the time for the expedition was fixed
for the month of May, 1871. Mr. Seward then left for a visit to India, and
Mr. Low despatched, through the Tribunal of Rites at Peking, a letter to
the King of Corea. After vast circumlocution, it emerged from the mazes of
Chinese court etiquette, and by a special courier reached the regent at
Seoul. In this, however, the Chinese were doing a great favor. No answer
was received from Seoul before the expedition sailed.

Meanwhile the German minister to Japan (now in Peking), [405]Herr M. Von


Brandt, had landed from the Hertha at Fusan, and attempted to hold an
interview with the governor of Tong-nai. He was accompanied by the
Japanese representatives at Fusan, who politely forwarded his request. A
tart lecture to the mikado’s subject for his officiousness, and a rebuff to
the Kaiser’s envoy were the only results of his mission. After sauntering
about a little, Herr Von Brandt, who arrived June 1, 1878, left June 2d,
and the era of commercial relations between the Central European
Empire 4 and Chō-sen was postponed.

During the year 1870, Bishop Ridel, who had gone back to France,
returned to China and prepared to rejoin his converts. Having
communicated with them, they awaited his coming with anxiety, and we
shall hear of them on board of the flag-ship Colorado.

Mr. Low, having gathered all possible information, public and private,
concerning “the semi-barbarous and hostile people” of “the unknown
country” which he expected to fail of entering, sailed from Shanghae, May
8th, arriving at Nagasaki, May 12th. On the 13th he wrote to the Secretary
of State, Mr. Hamilton Fish. He declared that “Corea is more of a sealed
book than Japan was before Commodore Perry’s visit.” Evidently he looked
upon the pathway of the duty laid upon him as unusually thorny. The rose
if plucked at all would be held in smarting fingers. While granting a faithful
servant of the nation the virtue of modesty, one cannot fail to read in his
letter more of an expectation to redress wrongs than to conciliate hostility.
[406]

The whole spirit of the expedition was not that reflected in the despatches
of the State Department, but rather that of the clubs and dinner-tables of
Shanghae. The minister went to Corea with his mind made up, and
everything he saw confirmed him in his fixed opinion. Of the admiral, it is
not unjust to say that the warrior predominated over the peace-maker. He
had an eye to the victories of war more than those, not less renowned, of
peace. The sword was certainly more congenial to his nature than the
pen.

The fleet made rendezvous at Nagasaki, in Kiushiu—that division of Japan


whence warlike expeditions to Chō-sen have sailed from the days of Jingu
to those of Taikō, and from Taikō to Rodgers. This time, as in the seventh
century, the landing was to be made not near the eastern, but on the
remote western, coast. The cry was, “On to Seoul.”

The squadron, consisting of the flag-ship Colorado, the corvettes Alaska


and Benicia, and the gun-boats Monocacy and Palos, sailed gallantly out
of the harbor on May 16th, and, making an easy run, anchored off
Ferrières Islands on the 19th, and, after a delay of fogs, Isle Eugenie on
the 23d.

In spite of the formidable appearance of our navy, the vessels were of


either an antiquated type or of too heavy a draught, their timbers too
rotten or not strong enough for shotted broadsides, and their armament
defective in breech-loading firearms, while the facilities for landing a force
were inadequate. The Palos and Monocacy were the only ships fitted to go
up the Han River. The others must remain at the mouth. They were little
more than transports. All the naval world in Chinese waters wondered why
so wide-awake and practical a people as the Americans should be content
with such old-fashioned ships, unworthy of the gallant crews who manned
them. However, the fleet and armament were better than the Corean war-
junks, or mud-forts armed with jingals. In gallant sailorly recognition of his
predecessor, yet with unconscious omen of like failure, the brave Rodgers
named the place of anchorage Roze Roads. The French soundings were
verified and the superb scenery richly enjoyed. All navigators of the
approaches to Seoul are alike unanimous in showering unstinting praise
upon their natural beauty. Here for the first time the natives beheld the
“flowery” flag of the United States.

Next morning the Palos and four steam-launches were put under the
command of Captain Homer C. Blake, to examine the channel beyond
Boisée Island. Four days were peaceably spent in this service, [407]a safe
return being made on the evening of the 28th. Meanwhile boat parties
had landed and been treated in a friendly manner by the people, and the
usual curiosity as to brass buttons, blue cloth, and glass bottles displayed.
The customary official paper without signature, of interrogations as to
who, whence, and why of the comers was displayed, and the answers,
“Americans,” “Friendly,” and “Interview” returned in faultless Chinese. It
was announced that the fleet would remain for some time.
“The Entering Wedge of Civilization.”

On the following day, May 30th, the fleet anchored between the Isles
Boisée and Guerrière. A stiff breeze had blown away the fogs and revealed
the verdure and the features of a landscape which struck all with
admiration for its luxuriant beauty. Approaching the squadron in a junk,
some natives made signs of friendship, and came on board without
hesitation. They bore a missive acknowledging the receipt of the
Americans’ letter, and announcing that three nobles had been appointed
by the regent for conference. These junk-men were merely messengers,
and made no pretence of being anything more. They were hospitably
treated, shown round the ship, and dined and wined until their good
nature broke out in broad grins and redolent visages. They stood for their
photographs on deck, and some fine [408]pictures of them were obtained.
One of them, after being loaded with an armful of spoil in the shape of a
dozen or so of Bass’ pale ale bottles, minus their corks, and a copy of
Every Saturday, a Boston illustrated newspaper, was told in the
stereotyped photographer’s phrase to “assume a pleasant expression of
countenance, and look right at this point.” He obeyed so well, and in the
nick of time, that a wreath of smiles was the result. “Our first Corean
visitor” stands before us on the page.

Strange coincidence! Strange medley of the significant symbols of a


Christian land! The first thing given to the Corean was alcohol, beer, and
wine. In the picture, plainly appearing, are the empty pale ale bottles,
with their trade-mark, the red triangle—“the entering wedge of
civilization.” But held behind the hands clasping the bottles is a copy of
Every Saturday, on the front page of which is a picture of Charles Sumner,
the champion of humanity, and of the principle that “nations must act as
individuals,” with like moral responsibility!

Promptly on May 31st, a delegation of eight officers, of the third and fifth
rank, came on board evidently with intent to see the minister and admiral,
to learn all they could, and to gain time. They had little or no authority
and no credentials, but they were sociable, friendly, and in good humor.
“Mr. Low would not lower himself,” nor would Admiral Rodgers see them.
They were received by the secretary, Mr. Drew. They were absolutely non-
committal on all points and to all questions asked, and naturally so, since
they had no authority whatever 5 to say “yes” or “no” to any proposition of
the Americans. [409]

A golden opportunity was here lost. The Corean envoys were informed
that soundings would be taken in the river, and the shores would be
surveyed. It was hoped that no molestation would be offered, and, further,
that twenty-four hours would elapse before the boats began work.

“To all this they (the Coreans) made no reply which could indicate
dissent.” [Certainly not! They had no power to nod their heads, or say
either “yes” or “no.”] “So, believing that we might continue our surveys
while further diplomatic negotiations were pending, an expedition was
sent to examine and survey the Salée [Han] River.” 6

The survey fleet consisted of the Monocacy, Palos, the only ships fit for
the purpose, and four steam-launches, each of the latter having a
howitzer mounted in the bow. Captain H. C. Blake, the commander, was
on board the Palos. The old hero understood the situation only too well.
As he started to obey orders he remarked: “In ten minutes we shall have
a row.”

Exactly at noon of June 2d, the four steam-launches proceeded [410]in line
abreast up the river, the Palos and Monocacy following. The tide was
running up, and neither of the large vessels could be kept moving at a
rate slow enough to allow the survey work to be done well, so that this
part of their work is of little value.

Yet everything seemed quiet and peaceful; the bluffs and high banks
along the water were densely covered with green woods, with now
meadows, now a thatched-roof village, anon a rice-field in the foreground.
Occasionally people could be seen in their white dresses along the banks,
but not a sign of hostility or war until, on reaching the lower end of Kang-
wa Island, a line of forts and fluttering flags suddenly become visible. In a
few minutes more long lines of white-garbed soldiery were seen, and
through a glass an interpreter read on one of the yellow flags the Chinese
characters meaning “General Commanding.” In the embrasures were a
few pieces of artillery of 32-pound calibre, and some smaller pieces lashed
together by fives, or nailed to logs in a row. On the opposite point of the
river was a line of smaller earthworks, freshly thrown up, armed only with
jingals. Around the bend in the river was “a whirlpool as bad as Hell Gate,”
full of eddies and ledges, with the channel only three hundred feet wide.
The fort (Du Condè) was situated right on this elbow. Hundreds of mats
and screens were ranged within and on the works, masking the loaded
guns. As the boats passed nearer, glimpses into the fort became possible,
by which it was seen that the cannon “lay nearly as thick together as gun
to gun and gun behind gun on the floor of an arsenal.” (See map, page
415.)

For a moment the silence was ominous—oppressive. The hearts of the


men beat violently, their teeth were set, and calm defiance waited in the
face of certain death. The rapid current bore them on right into the face of
the frowning muzzles. It seemed impossible to escape. Were the Coreans
going to fire? If so, why not now? Immediately? Now is their opportunity.
The vessels are abreast the forts.

The Corean commander was one moment too late. From the parapet
under the great flag a signal gun was fired. In an instant mats and
screens were alive with the red fire of eighty pieces of artillery. Then a hail
of shot from all the cannon, guns, and jingals rained around the boats.
Forts, batteries, and walls were hidden for a moment in smoke. The water
was rasped and torn as though a hailstorm was passing over it. Many of
the men in the boats were wet to the skin by the splashing of the water
over them. [411]Old veterans of the civil war had never seen so much fire,
lead, iron, and smoke of bad powder concentrated in such small space
and time. “Old Blake,” who had had two ships shot under him by the
Confederates, declared he could remember nothing so sharp as this.

The fire was promptly returned by the steam-launch howitzers. The Palos
and Monocacy, which had forged ahead, turned back, and “Old Blake
came round the point a-flying, and let drive all the guns of the Palos at
them. The consequence was that they kicked so hard as to tear the bolts
out of the side of the ship and render the bulwarks useless during the
remainder of the fight.” The Monocacy also anchored near the point, and
sent her ten-inch shells into the fort. During her movements, she struck a
rock and began to leak badly. After hammering at the forts until
everything in them was silenced, the squadron returned down the river,
sending their explosive compliments into the forts and redoubts as they
passed. All were quiet and deserted, however, but the commander’s flag
was still flying unharmed and neglected. Strange to say, out of the entire
fleet only one of our men was wounded and none was killed; nor did any
of the ships or boats receive any damage from the batteries. Two hundred
guns had been fired on the Corean side. The signal coming too late, the
immovability of their rude guns, the badness of the powder, and the poor
aim of the unskilled gunners, were the causes of such an incredibly small
damage. It was like the bombardment of Fort Sumter in 1861, or like
those battles which statistics reveal to us, in which it requires a ton of lead
to kill a man.

However, it was determined by the chief representatives of the civil and


naval powers to resent the insult offered to our “flag” in the “unprovoked”
attack on our vessels, “should no apology or satisfactory explanation be
offered for the hostile action of the Corean government.”

Ten days were now allowed to pass before further action was taken. They
were ten days of inaction, except preparation for further fight and some
correspondence with the local magistrate. What a pity these ten days had
not been spent before, and not after, June 2d! Some civilians, not to say
Christians, might also be of the opinion that ample revenge had already
been taken, enough blood spilled, the “honor” of the flag fully
“vindicated,” a delicate diplomatic mission of “peace” spoiled beyond
further damage, and that further vengeance was folly, and more blood
spilled, murder. But not so thought the powers that be. [412]

The chastising expedition consisted of the Monocacy, Palos, four steam-


launches, and twenty boats, conveying a landing force of six hundred and
fifty-one men, of whom one hundred and five were marines. The Benicia,
Alaska, and Colorado remained at anchor. The total force detailed for the
work of punishing the Coreans was seven hundred and fifty-nine men.
These were arranged in ten companies of infantry, with seven pieces of
artillery. The Monocacy had, in addition to her regular armament, two of
the Colorado’s nine-inch guns. Captain Homer C. Blake, who was put in
charge of the expedition, remained on the Palos.

The squadron proceeded up the river at 10 o’clock, on the morning of the


10th of June, two steam-launches moving in advance of the Monocacy.
The boats were in tow of the Palos, which moved at 10.30. The day was
bright, clear, and warm. A short distance above the isle Primauguet a junk
was seen approaching, the Coreans waving a white flag and holding a
letter from one of the ministers of the court. One of the steam-launches
met the junk, and the letter was received. It was translated by Mr. Drew,
but as it contained nothing which, in the American eyes, seemed like an
apology, the squadron moved on. At 1 o’clock the Monocacy arrived within
range of the first fort and opened with her guns, which partly demolished
the walls and emptied it in a few seconds.

The landing party, after a two minutes’ pull at the oars, reached the shore,
and disembarked about eight hundred yards below the fort. The landing-
place was a mud-flat, in which the men sunk to their knees in the tough
slime, losing gaiters, shoes, and even tearing off the legs of their trousers
in their efforts to advance. The howitzers sank to their axles in the heavy
ooze.

Once on firm land, the infantry formed, the marines deploying as


skirmishers. Unarmed refugees from the villages were not harmed, and
the first fort was quietly entered. The work of demolition was begun by
firing everything combustible and rolling the guns into the river. Day being
far spent when this was finished, the whole force went into camp and
bivouacked, taking every precaution against surprise. Four companies of
infantry were first detailed to drag the howitzers out of the mud, a task
which resembled the wrenching of an armature off a twenty-horse power
magnet.
Our men lay down to sleep under the stars. All was quiet that Saturday
night, except the chatting round the camp-fires and [413]the croaking of
the Corean frogs, as the men cleaned themselves and prepared for their
Sunday work. Toward midnight a body of white-coats approached, set up
a tremendous howling, and began a dropping fire on our main pickets. As
they moved about in the darkness, they looked like ghosts. When the long
roll was sounded, our men sprang to their arms and fell in like old
veterans. A few shells were scattered among the ghostly howlers, and all
was quiet again. The marines occupied a strong position half a mile from
the main body, a rice-field dividing them, with only a narrow foot-path in
the centre. They slept with their arms at their side, and, divided into three
reliefs, kept watch.

While at the anchorage off Boisée Island that evening, twelve native
Christians, approaching noiselessly in the dark, made signs of a desire to
communicate. They had come in a junk from some point on the coast to
inquire after their pastor, Ridel, and two other French missionaries whom
they expected. To their great distress, the Americans could give them no
information. Fearing lest the government might know, from the build of
their craft, from what part of the country they came, and punish them for
communicating with the foreigners, they burned their boat and returned
home.

Next day was Sunday. The reveille was sounded in the camps, breakfast
eaten, and blankets rolled up. Company C and the pioneers were sent into
the fort to complete its destruction, by burning up the rice, dried fish, and
huts still standing.

The march began at 7 a.m. The sun rolled up in a cloudless sky and the
weather was very warm. It was a rough road, if, indeed, it could be called
such, being but a bridle-path over hills and valleys, and through rice fields.
Whole companies were required to drag the howitzers up the hills and
through the narrow defiles. The marines led the advance. The next line of
fortifications, the “middle fort,” was soon entered. The guns were found
loaded, as they had been deserted as soon as the fort was made a target
by the Monocacy, every one of whose shots told. The work of dismantling
was here thoroughly done. The sixty brass pieces of artillery, all of them
insignificant breech-loaders of two-inch bore, were tumbled into the river,
and the fort appropriately named “Fort Monocacy.”

The difficult march was resumed under a blazing sun and in steaming
heat. A succession of steep hills lay before them. Sappers and miners,
with picks, shovels, and axes, went ahead levelling and widening the road,
cutting bushes and filling hollows. The [414]guns had to be hauled up and
lowered down the steep places by means of ropes. Large masses of white
coats and black heads hovered on their flanks, evidently purposing to get
in the rear. Their numbers were increasing. The danger was imminent.
The fort must be taken soon or never.

A detachment of five howitzers and three companies were detailed to


guard the flanks and rear under Lieutenant-Commander Wheeler. The
main body then moved forward to storm the fort (citadel). This move of
our forces checkmated the enemy and made victory sure, redeeming a
critical moment and turning danger into safety.

Hardly were the guns in position, when the Coreans, massing their forces,
charged the hill in the very teeth of the howitzers’ fire. Our men calmly
took sure aim, and by steadily firing at long range, so shattered the ranks
of the attacking force that they broke and fled, leaving a clear field. The
fort was now doomed. The splendid practice of our howitzers effectually
prevented any large body of the enemy from getting into action, and
made certain the capture of the citadel.

Meanwhile the Monocacy, moving up the river and abreast of the land
force, poured a steady fire of shell through the walls and into the fort,
while the howitzers of the rear-guard on the hill behind, reversing their
muzzles, fired upon the garrison over the heads of our men in the ravine.
The infantry and marines having rested awhile after their forced march,
during which several had been overcome by heat and sunstroke, now
formed for a charge.

The citadel to be assaulted was the key to the whole line of fortifications.
It crowned the apex of a conical hill one hundred and fifty feet high,
measuring from the bottom of the ravine. It mounted, with the redoubt
below, one hundred and forty-three guns. The sides of the hill were very
steep, the walls of the fort joining it almost without a break. Up this steep
incline our men were to rush in the face of the garrison’s fire. Could the
white-coats depress the jingals at a sufficiently low angle, they must
annihilate the blue-jackets. Should our men reach the walls, they could
easily enter through the breaches made by the Monocacy’s shells. As
usual, slowness, and the national habit of being behind time, saved our
men and lost the day for Corea.

A terrible reception awaited the Americans. Every man inside was bound
to die at his post, for this fort being the key to all the [415]others, was held
by the tiger-hunters, who, if they flinched before the enemy, were to be
put to death by their own people.
Map of the American Naval Operations in 1871.

All being ready, our men rose up with a yell and rushed for the redoubt,
officers in front. A storm of jingal balls rained over [416]their heads, but
their dash up the hill was so rapid that the garrison could not depress
their pieces or load fast enough. Their powder burned too slowly to hurt
the swift Yankees. Goaded to despair the tiger-hunters “chanted their war-
dirge in a blood-chilling cadence which nothing can duplicate.” They
mounted the parapet, fighting with furious courage. They cast stones at
our men. They met them with spear and sword. With hands emptied of
weapons, they picked up dust and threw in the invaders’ eyes to blind
them. Expecting no quarter and no relief, they contested the ground inch
by inch and fought only to die. Scores were shot and tumbled into the
river. Most of the wounded were drowned, and some cut their own throats
as they rushed into the water.

Lieutenant McKee was the first to mount the parapet and leap inside the
fort. For a moment, and only a moment, he stood alone fighting against
overwhelming odds. A bullet struck him in the groin, a Corean brave
rushed forward, and, with a terrible lunge, thrust him in the thigh, and
then turned upon Lieutenant-Commander Schley, who had leaped over the
parapet. The spear passed harmlessly between the arm and body of the
American as a carbine bullet laid the Corean dead.

The fort was now full of officers and men, and a hand to hand fight
between the blue and white began to strew the ground with corpses.
Corean sword crossed Yankee cutlass, and clubbed carbine brained the
native whose spear it dashed aside. The garrison fought to the last man.
Within the walls those shot and bayoneted numbered nearly one hundred.
Not one unwounded prisoner was taken. The huge yellow cotton flag,
which floated from a very short staff in the centre, was hauled down by
Captain McLane Tilton and two marines. Meanwhile a desperate fight went
on outside the fort. During the charge, some of the Coreans retreated
from the fort, a movement which caught the eye of Master McLean.
Hastily collecting a party of his men, he moved to the left on the double
quick to cut off the fugitives. He was just in time. The fugitives, forty or
fifty in all, after firing, attempted to rush past him. They were driven back
in diminished numbers. Hemmed in between the captured fort and their
enemy, McLean charged them with his handful of men. Hiding behind
some rocks, they fought with desperation until they were all killed, only
two or three being made prisoners. Another party attempting to escape
were nearly annihilated by Cassel’s battery, which sent canister into their
[417]flying backs, mowing them down in swaths. Moving at full speed,
many were shot like rabbits, falling heels over head. At the same time
Captain Tilton passed to the right of the fort and caught another party
retreating along the crest of the hill joining the two forts, and, with a
steady carbine fire, thinned their numbers. At 12.45 the stars and stripes
floated over all the forts. A photographer came ashore and on his camera
fixed the horrible picture of blood.

The scene after the battle smoke cleared away, and our men sat down to
rest, was of a kind to thoroughly satisfy those “who look on war as a
pastime.” It was one from which humanity loves to avert her gaze. Two
hundred and forty-three corpses in their white garments lay in and around
the citadel. Many of them were clothed in thick cotton armor, wadded to
nine thicknesses, which now smouldered away. A sickening stench of
roasted flesh filled the air, which, during the day and night, became
intolerable. Some of the wounded, fearing their captors worse than their
torture, slowly burned to death; choosing rather to suffer living cremation
than to save their lives as captives. Our men, as they dragged the
smoking corpses into the burial trench, found one man who could endure
the torture no longer. Making signs of life, he was soon stripped of his
clothes, but died soon after of his wounds and burns. Only twenty
prisoners, all wounded, were taken alive. At least a hundred corpses
floated or sunk in the river, which ran here and there in crimson streaks.
At this one place probably as many as three hundred and fifty Corean
patriots gave up their lives for their country.

On the American side, the gallant McKee, who fell as his father fell in
Mexico, at the head of his men, the first inside the stormed works, was
mortally wounded, and died soon after. One landsman of the Colorado and
one marine of the Benicia were killed. Five men were severely, and five
slightly, wounded.

The other two forts below the citadel being open to the rear from the
main work were easily entered, no regular resistance being offered. The
results of the forty-eight hours on shore, eighteen of which were spent in
the field, were the capture of five forts—probably the strongest in the
kingdom—fifty flags, four hundred and eighty-one pieces of artillery,
chiefly jingals, and a large number of matchlocks. Of the artillery eleven
pieces were 32,– fourteen were 24,– two were 20,– and the remaining
four hundred and fifty-four were 2- and 4-pounders. The work of
destruction was carried on and made as thorough as fire, axe, and shovel
could make [418]it. A victory was won, of which the American navy may
feel proud. Zeal, patience, discipline, and bravery characterized men and
officers in all the movements.

The wounded were moved to the Monocacy. The forts were occupied all
Sunday night, and early on Monday morning the whole force was re-
embarked in perfect order, in spite of the furious tide, rising twenty feet.
The fleet moved down the stream with the captured colors at the mast-
heads and towing the boats laden with the trophies of victory. Reaching
the anchorage at half past ten o’clock, they were greeted with such
ringing cheers of their comrades left behind as made the woodlands echo
again.

Later in the day, Dennis Hendrin (or Hanrahan) and Seth Allen, the two
men slain in the fight, were buried on Boisée Island, and the first
American graves rose on Corean soil. At 5.45 p.m. McKee breathed his
last. 7

Yet the odds of battle were dreadful—three graves against heaps upon
heaps of unburied slain. Well might the pagan ask: “What did Heaven
mean by it?”

The native wounded were kindly cared for, and their broken bones
mended, by the fleet surgeon, Dr. Mayo. Admiral Rodgers, in a letter to
the native authorities, offered to return his prisoners. The reply was in
substance: “Do as you please with them.” The prisoners were therefore
set ashore and allowed to dispose of themselves.

Admiral Rodgers having obeyed to the farthest limit the orders given him,
and all hope of making a treaty being over, two of the ships, withal
needing to refit, the fleet sailed from the anchorage off Isle Boisée the day
before the fourth of July, arriving in Chifu on the morning of July 5th, after
thirty-five days’ stay in Corean waters. He arrived in time to hear of the
Tientsin massacre, which had taken place June 20th. “Our little war with
the heathen,” as the New York Herald styled it, attracted slight notice in
the United States. A few columns of news and comment from the
metropolitan press, a page or two of woodcuts in an illustrated newspaper,
the ringing of a chime of jests on going up Salt River (Salée), and [419]the
usual transmission of official documents, summed up the transient
impression on the American public.

In China the expedition was looked upon as a failure and a defeat. The
popular Corean idea was, that the Americans had come to avenge the
death of pirates and robbers, and, after several battles, had been so
surely defeated that they dare not attempt the task of chastisement again.
To the Tai-wen Kun the whole matter was cause for personal glorification.
The tiger-hunters and the conservative party at court believed that they
had successfully defied both France and America, and driven off their
forces with loss. When a Scotch missionary in Shing-king reasoned with a
Corean concerning the power of foreigners and their superiority in war, the
listener’s reply, delivered with angry toss of the head and a snap of the
fingers, was: “What care we for your foreign inventions? Even our boys
laugh at all your weapons.” [420]

Mr. Low, who had served one term in Congress and as governor of California from
1
1864 to 1868, had been chosen by President Grant to be minister to China the year
before, 1869, was new to his duties. He was in the prime of life, being fifty-two years of
age. All his despatches show that Chō-sen was as unknown to him as Thibet or Anam,
and from the first he had scarcely one ray of hope in the success of the mission. ↑
Admiral Rodgers left New York, April 9, 1869, with the Colorado and Alaska. The
2 Benicia had left Portsmouth March 2d, and the Palos set sail from Boston June 20th.
These vessels, with the Monocacy and Ashuelot, were to form the Asiatic squadron of
Admiral Rodgers. Of our vessels on the station during the previous year, two had
returned home, two had been sold, the rotten Idaho was moored at Yokohama as a
store-ship, and the Oneida, which had been sunk by the British mail-steamer Bombay, lay
with her uncoffined dead untouched and neglected by the great Government of the
United States. Admiral Rodgers was so delayed by repairs to the Ashuelot, that finally, in
order to gain the benefit of the spring tides, had to sail without this vessel. ↑
Rear-Admiral John Rodgers, who commanded the fleet, was a veteran in war, in naval
3
science, and in polar research. He had served in the Seminole and Mexican
campaigns, and through the civil war on the iron-clad monitors. He had visited the Pacific
in 1853, when in command of the John Hancock. He had cruised in the China seas and
sailed through Behring’s Straits. He, too, was in the prime of life, being at this time fifty-
eight years of age. His whole conduct of the expedition displayed consummate skill, and
marked him in this, as in his many other enterprises, as “one of the foremost naval men
of the age.” Yet princes in naval science are not always princes in diplomacy. ↑
The first appearance of the flag of North Germany in Corean waters was at the mast-
4
head of the China, when plunder and dead men’s bones were the objects sought. Its
second appearance, on the Hertha man-of-war, was in peace and honorable quest of
friendly relations. Its third appearance, in May, 1871—while, or shortly before, the
American fleet were in the Han River—was on the schooner Chusan, which was wrecked
on one of the islands of Sir James Hall group, the Chinese crew only, it appears, being
saved. On June 6th, a party of three foreigners left Chifu in a junk to bring back salvage
from the wreck. These men were not heard from until July 6th, when the Chinese crew
returned without them. On the same day the British gunboat Ringdove, with the consul
of Chifu, left for the Hall group. It was found that the foreigners had landed to bring
away the crew of the Chusan, when the Chinamen, pretending or thinking that they had
been taken prisoners, put off to sea without them. The consul found them in good health
and spirits, and the Ringdove brought away for them whatever was worth saving from
the Chusan. Again the Corean policy of kindness toward the shipwrecked was illustrated.
The two foreigners—a Scotchman and a Maltese—had been well fed and kindly treated. ↑
These men simply acted as the catspaws for the monkey in the capital to pull out as
5
many hot chestnuts from the fire as possible. It is part of Asiatic policy to send official
men of low rank and no authority to dally and prelude, and, if possible, hoodwink or
worry out foreigners. Their chief weapons are words; their main strength, cunning. When
these are foiled by kindness, and equal patience, firmness, and address, the Asiatics
yield, and send their men of first rank to confer and treat. Perry knew this, so did
Townsend Harris in Japan; so have successful diplomats known it in China. Was it done in
the American expedition to Corea in 1871? Let us see.
These Coreans had no right to say either “yes” or “no” to any proposition of the
Americans. Had they committed themselves to anything definite, degradation, crushed
shin-bones, and perhaps death, might have been their fate. The only thing for the
Americans to do—who came to ask a favor which the Coreans were obstinately bent on
not giving—was to feast them, treat them with all kindness, get them in excellent good
humor, send them back, and wait till accredited envoys of high rank should arrive. In the
light of the [409]French failure, this was the only course to pursue. There were even men
of influence in the American fleet who advised this policy of patience. As matter of fact,
such a course was urged by Captain H. S. Blake.
In such an emergency, patience, kindness, tact, the absence of any burning idea of
“wiping out insults to the flag,” and an antiseptic condition toward fight were most
needed—the higher qualities, of resolution and self-conquest rather than valor. Even if it
had been possible to inflict ten times the damage which was afterward actually inflicted,
and win tenfold more “glory,” the rear-admiral must have known that nature and his
“instructions” were on the side of the Coreans, and that the only end of the case must be
a retreat from the country. And the only possible interpretation the people could put upon
the visit of the great American fleet would be a savage thirst for needless vengeance, a
sordid greed of gain, and the justification of robbers and invaders. In spite of all the
slaughter of their countrymen, they would read in the withdrawal of their armies, defeat,
and defeat only. ↑
These are the rear-admiral’s own words. Here was the mistake! From what may be
6
easily known of the Corean mind, it must have seemed to them that the advance of
such an armed force up the river, leading to the capital—following exactly the precedent
of the French—was nothing more than a treacherous beginning of war in the face of
assurances of peace. To enter into their waters seemed to them an invasion of their
country. To do it after fair words spoken in friendship seemed basest treachery. Had a
Corean officer counselled peace in the face of the advancing fleet, he would undoubtedly
have been beheaded at once as a traitor. There were men on the American side who saw
this. Some spoke out loud of it to others, but it was not “theirs to make reply.” ↑
In the chapel of the Naval Academy, at Annapolis, a tasteful mural tablet, “Erected by
7 his brother officers of the Asiatic squadron,” with the naval emblems—sword, belt,
anchor, and glory-wreath—in medallion, and inscription on a shield beneath, keeps green
the memory of an unselfish patriot and a gallant officer. ↑
[Contents]
CHAPTER XLVII.
THE PORTS OPENED TO JAPANESE COMMERCE.
The walls of Corean isolation, so long intact, had been sapped by the
entrance of Christianity and the French missionaries, and now began
to crumble. With the Russians on the north, and the sea no longer a
barrier, the Japanese began to press upon the east, while China
broke through and abolished the neutrality of the western border.
The fires of civilization began to smoke out the hermit.

The revolutions of 1868 in Japan, culminating after a century of


interior preparation, abolished the dual system and feudalism, and
restored the mikado to supreme power. The capital was removed to
Tōkiō, and the office of Foreign Affairs—a sub-bureau—was raised to
a department of the Imperial administration. One of the first things
attended to was to invite the Corean government to resume ancient
friendship and vassalage.

This summons, coming from a source unrecognized for eight


centuries, and to a regent swollen with pride at his victory over the
French and his success in extirpating the Christian religion, and
irritated at Japan for adopting western principles of progress and
cutting free from Chinese influence and tradition, was spurned with
defiance. An insolent and even scurrilous letter was returned to the
mikado’s government, which stung to rage the military classes of
Japan, who began to form a “war-party,” which was headed by Saigo
of Satsuma. Waiting only for the return of the embassy from Europe,
and for the word to take up the gage of battle, they nourished their
wrath to keep it warm.

It was not so to be. New factors had entered the Corean problem
since Taiko’s time. European states were now concerned in Asiatic
politics. Russia was too near, China too hostile, and Japan too poor;
she was even then paying ten per cent. interest to London bankers
on the Shimonoséki Indemnity loan. Financial ruin, and a collision
with China might result, if war were declared. [421]In October, 1873,
the cabinet vetoed the scheme, and Saigo, the leader of the war
party, resigned and returned to Satsuma, to nourish schemes for the
overthrow of the ministry and the humiliation of Corea. “The eagle,
even though starving, refuses to eat grain;” nor would anything less
than Corean blood satisfy the Japanese veterans.

In 1873, the young king of Corea attained his majority. His father,
Tai-wen Kun, by the act of the king backed by Queen Chō, was
relieved of office, and his bloody and cruel lease of power came to
an end. The young sovereign proved himself a man of mental vigor
and independent judgment, not merely trusting to his ministers, but
opening important documents in person. He has been ably seconded
by his wife Min, through whose influence Tai-wen Kun was shorn of
influence, nobles of progressive spirit were reinstated to office, and
friendship with Japan encouraged. In this year, 1873, an heir to the
throne was born of the queen; another royal child, the offspring of a
concubine, having been born in 1869.

The neutral belt of land long inhabited by deer and tiger, or


traversed by occasional parties of ginseng-hunters, had within the
last few decades been overspread with squatters, and infested by
Manchiu brigands and Corean outlaws. The depredations of these
border ruffians both across the Yalu, and on the Chinese settlements
—like the raids of the wild Indians on our Texas frontier—had
become intolerable to both countries. In 1875, Li Hung Chang,
sending a force of picked Chinese troops, supported by a gunboat on
the Yalu, broke up the nest of robbers, and imbibed a taste both for
Corean politics and for rectifying the frontiers of Shing-king. He
proceeded at once to make said frontier “scientific” by allowing the
surveyor and plowman to enter the no longer debatable land. In
1877, the governor of Shing-king proposing, the Peking Government
shifted the eastern frontier of the empire twenty leagues nearer the
rising sun, on the plea that “the width of the tract left uncultivated
was of less moment than the efficiency of border regulations.” By
this act the borders of China and Corea touched, and were written in
Yalu water. The last vestige of insulation was removed, and the
shocks of change now became more frequent and alarming. By
contact with the living world, comatose Corea was to be galvanized
into new life.

Nevertheless the hostile spirit of the official classes, who tyrannize


the little country, was shown in the refusal to receive envoys of
[422]the mikado because they were dressed in European clothes, in
petty regulations highly irritating to the Japanese at Fusan, and by
the overt act of violence which we shall now narrate.

Since 1868 the Japanese navy, modelled after the British, and
consisting of American and European iron-clads and war vessels, has
been manned by crews uniformed in foreign style. On September 19,
1875, some sailors of the Unyo Kuan, which had been cruising off
the mouth of the Han River, landing near Kang-wa for water, were
fired on by Corean soldiers, under the idea that they were Americans
or Frenchmen. On the 21st the Japanese, numbering thirty-six men,
and armed with breech loaders, stormed the fort. Most of the
garrison were shot or drowned, the fort dismantled, and the spoil
carried to the ships. Occupying the works two days, the Japanese
returned to Nagasaki on the 23d.

The news of “the Kokwa [Kang-wa] affair” brought the wavering


minds of both the peace and the war party of Japan to a decision.
Arinori Mori was despatched to Peking to find out the exact relation
of China to Corea, and secure her neutrality. Kuroda Kiyotaku was
sent with a fleet to the Han River, to make, if possible, a treaty of
friendship and open ports of trade. By the rival parties, the one was
regarded as the bearer of the olive branch, the other of arrows and
lightning. With Kuroda went Inouyé Bunda of the State Department,
and Kin Rinshiō, the Corean liberal.

General Kuroda sailed January 6, 1876, amid salvos of the artillery of


newspaper criticism predicting failure, with two men-of-war, three
transports, and three companies of marines, or less than eight
hundred men in all, and touching at Fusan, anchored within sight of
Seoul, February 6th. About the same time, a courier from Peking
arrived in the capital, bearing the Imperial recommendation that a
treaty be made with the Japanese. The temper of the young king
had been manifested long before this by his rebuking the district
magistrate of Kang-wa for allowing soldiers to fire on peaceably
disposed people, and ordering the offender to degradation and exile.
Arinori Mori, in Peking, had received the written disclaimer of China’s
responsibility over “the outpost state,” by which stroke of policy the
Middle Kingdom freed herself from all possible claims of indemnity
from France, the United States, and Japan. The way for a treaty was
now smoothed, and the new difficulties were merely questions of
form. Nevertheless, while Kuroda was unheard from, the Japanese
war preparations went vigorously on. [423]

Kuroda, making Commodore Perry’s tactics his own, disposed his


fleet in the most imposing array, made his transports look like men-
of-war, by painting port-holes on them, kept up an incredible amount
of fuss, movement, and bustle, and on the 10th landed a dazzling
array of marines, sailors, and officers in full uniform, who paraded
two miles to the treaty-house, on Kang-wa Island, where two high
commissioners from Seoul, Ji Shinken and In Jiahō, aged
respectively sixty-five and fifty, awaited him.
One day was devoted to ceremony, and three to negotiation. A
written apology for the Kang-wa affair was offered by the Coreans,
and the details of the treaty settled, the chief difficulties being the
titles to be used. 1 Ten days for consultation at the capital were then
asked for and granted, at the end of which time, the two
commissioners returned, declaring the impossibility of obtaining the
royal signature. The Japanese at once embarked on their ships in
disgust. They returned only after satisfactory assurances; and on
February 27th the treaty, in which Chō-sen was recognized as an
independent nation, was signed and attested. The Japanese then
made presents, mostly of western manufacture, and after being
feasted, returned March 1st. Mr. Inouyé Bunda then proceeded to
Europe, visiting, on his way, the Centennial Exposition at
Philadelphia, at which also, it is said, were one or more Corean
visitors.

The first Corean Embassy, which since the twelfth century had been
accredited to the mikado’s court, sailed in May, 1876, from Fusan in
a Japanese steamer, landing at Yokohama May 29th, at 8 a.m. Two
Neptune-like braves with the symbols of power—huge iron
[424]tridents—led the procession, in which was a band of twenty
performers on metal horns, conch-shells, flutes, whistles, cymbals,
and drums. Effeminate-looking pages bore the treaty documents.
The chief envoy rode on a platform covered with tiger-skins, and
resting on the shoulders of eight men, while a servant bore the
umbrella of state over his head, and four minor officers walked at his
side. The remainder of the suite rode in jin-riki-shas, and the
Japanese military and civil escort completed the display. They
breakfasted at the town hall, and by railroad and steam-cars reached
Tōkiō. At the station, the contrast between the old and the new was
startling. The Japanese stood “with all the outward signs of the
Civilization that is coming in.” “On the other side, were all the
representatives of the Barbarism that is going out.” On the following
day, the Coreans visited the Foreign Office, and on June 1st, the
envoy, though of inferior rank, had audience of the mikado. For
three weeks the Japanese amused, enlightened, and startled their
guests by showing them their war ships, arsenals, artillery,
torpedoes, schools, buildings, factories, and offices equipped with
steam and electricity—the ripened fruit of the seed planted by Perry
in 1854. All attempts of foreigners to hold any communication with
them, were firmly rejected by the Coreans, who started homeward
June 28th. The official diary, or report by the ambassador of this visit
to Japan, was afterward published in Seoul. It is a colorless narrative
carefully bleached of all views and opinions, evidently satisfying the
scrutiny even of enemies at court.

During the autumn of this year, 1876, and later on, in following
years, the British war-vessels, Sylvia and Swinger, were engaged in
surveying portions of the coast of Kiung-sang province. Captain H. C.
Saint John, who commanded the Sylvia, and had touched near
Fusan in 1855—long enough to see a native bastinadoed simply for
selling a chicken to a foreigner—now found more hospitable
treatment. His adventures are narrated in his chatty book, “The Wild
Coasts of Nipon.” An English vessel, the Barbara Taylor, having been
wrecked on Corean shores, an attaché of the British Legation in
Tōkiō was sent to Fusan to thank the authorities for their kind
treatment of the crew.

The Japanese found it was not wise to hasten in taking advantage of


their new liberties granted by treaty. Near Fusan, are thousands of
graves of natives killed in the invasion of 1592–97, over which the
Coreans hold an annual memorial celebration. Hitherto the Japanese
had been rigorously kept within their [425]guarded enclosure. Going
out to witness the celebration, they were met with a shower of
stones, and found the road blockaded. After a small riot in which
many words and missiles were exchanged, matters were righted, but
the temper of the people showed that, as in old Japan, it would be
long before ignorant hermits, and not over-gentle foreigners could
live quietly together.

Saigo, of Satsuma, dissatisfied with the peaceful results of Kuroda’s


mission, and the “brain victory” over the Coreans, organized, during
1877, “The Satsuma Rebellion,” to crush which cost Japan twenty
thousand lives, $50,000,000, and seven months of mighty effort, the
story of which has been so well told in the lamented A. H. Mounsey’s
perspicuous monograph. Yet out of this struggle, with which Corea
manifested no sympathy, the nation emerged with old elements of
disturbance eliminated, and with a broader outlook to the future. A
more vigorous policy with Chō-sen was at once inaugurated.

Under the new treaty, Fusan (Corean, Pu-san) soon became a


bustling place of trade, with a population of two thousand, many of
whom, however, were poor people from Tsushima. Among the public
buildings were those of the Consulate, Chamber of Commerce, Bank,
Mitsu Bishi (Three Diamonds) Steamship Company, and a hospital,
under care of Dr. Yano, in which, up to 1882, four thousand Coreans
and many Japanese have been treated. A Japanese and Corean
newspaper, Chō-sen Shimpo, restaurants, places of amusements of
various grades of morality, and a variety of establishments for
turning wits and industry into money, have been established. The
decayed gentry of Japan, starting in business with the capital
obtained by commuting their hereditary pensions, found it difficult to
compete with the trained merchants of Tōkiō and Ozaka. Great
trouble from the lock of a gold and silver currency has been
experienced, as only the copper and iron sapeks, or ‘cash,’ are in
circulation. In Corean political economy to let gold go out of the
country is to sell the kingdom; and so many rogues have attempted
the sale of brass or gilt nuggets that an assaying office at the
consulate has been provided. The government of Tōkiō has urged

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