Ethnic separation first was reflected in the fact that the state made separate laws for each ethnic group regarding administrative, legal, financial, and social issues. These ethnic-group-specific laws were mutually independent, resulting in the fact that each ethnic territory was ruled in a way as if it were an independent state to other ethnic territories. The Qing empire in a sense was unified only politically by state power.
The Mongol Law (Menggu Lüli) was the typical case. It was the first ethnic-territory-specific-statute
made by the Qing, and a comprehensive legal document dealing with Mongol issues of a broad range. The first full-fledged version of the Mongol Law was made in 1789 under the Qianlong emperor’s order. In 1815 the law was revised and renamed “The Regulations of the Court of Colonial Affairs) (Lifanyuan zeli). The Qing’s attempt at compiling Mongol-related regulations went all the way back to 1696, when
the Court of Colonial Affairs, under the Kangxi emperor’s instruction, issued “The Regulations” (zeli), a
collection of the 125 rules and clauses made since the Hong Taiji reign (1627-1643) regarding the Mongols (Liu 1993: 7).
The Regulations of the Court of Colonial Affairs first decided the administrative districts in the Mongol territory. It demarcated 49 jasagh banners in Inner Mongolia, and 150 jasagh banners in Outer Mongolia, northern Xinjiang, and Qinghai (ibid: 18). To prevent the Mongols from getting united, the regulations stipulated that the nomadic Mongols could not cross the borders to herd. Traveling across the
banners borders was restricted as the state dictated that travelers had to obtain permits. The horse-riding mobile Mongol tribes thus became fettered within their individual banners.
To control the jasagh and noblemen, the Regulations of the Court of Colonial Affairs determined the ranks and inheritance of noble titles, and the selection, appointment, promotion, and punishment of officials. For instance, the “Section of Ranks” in the Regulations stipulated official dress, including the number of buttons on the official’s hat, color and pattern of the dress, and even the cushion for the official to sit on; the number of subordinates and the order of seats were determined in accordance with rank (Liu 1993: 19). The “Section of Inheritance” provided that the rank of an heir was determined by the rank of the person from whom the former inherited title or position. For example, a prince’s (qinwang) son would
inherit the title of first grade taiji and the son of a prince of a lower degree (junwang) would inherit the
second grade taiji. This section also stipulated the eligibility and the procedures of succession. The Regulations also articulated the noblemen and officials’ salaries, travel allowances, etc.
More importantly, the section of “Ceremonial Audience with the Emperor” (chaojin) stipulated the
frequency of the event, i.e. from once a year to every three years in accordance with title and position, and the number of divisions of officials traveling to the capital (i.e. a tribe’s leaders might be divided into a number of subgroups, each group traveling to the capital when its turn came. A tribe’s leaders might be divided into as many as nine subdivisions). The Regulations provided that all high-ranking Mongol noblemen and officials were obligated to pay tribute, and they would be punished should they fail to do so. Only those who were 65 years of age and above could exempt from the duty. In addition, the Regulations stipulated the kind and amount of tribute articles for each tribe to carry to the capital, the standard of banquet for officials, imperial rewards, and the rituals of such occasions in accordance to ranks (ibid: 23). Secondly, the Regulations dealt with social issues. The “Section of Population” stipulated that census would be conducted on a regular basis; it also stipulated punitive measures against illegal trading of people, and so on. The “Section of Land” prohibited Chinese from migrating to Mongolia to reclaim land and stipulated the corresponding punishment. Simultaneously it stipulated the procedures for
and the like. The “Section of Barn and Storage” dealt with storage and allocation of government of grain. The Regulations also provided government relief in case of natural disasters (ibid: 26-30).
The regulations had clauses on issues related to Mongol women. First, the emperor would confer honors on chaste women by ordering monuments erected for them. Second, the state encouraged Mongol women to reproduce boys by rewarding mothers who gave birth to boys. Third, the Regulations had clauses on marriage and divorce, and the payment and refund of dowry. More importantly, the Regulations forbid Mongol women from marrying Chinese men (ibid: 26).
Thirdly, the Regulations addressed military issues. Specific codes were set to deal with military discipline, the assessment of military merits, pension for dead soldiers’ families, procedures for the league head (mengzhang) to review troops on parade, examination of weapons and equipment, and the jasagh
banners purchasing weapons and military supplies. For example, the rules for combat stipulated battlefield discipline, the rewards for valiant soldiers and punishment for the defeated, and so on. The clauses on purchasing military supplies stipulated strict procedures of auditing and authorization. When military purchase became necessary, the jasagh first had to submit application to the Court of Colonial Affairs, specifying the kind, and the amount or number of weapons and supplies. The Court in turn would communicate with the Ministry of Warfare, which would review and issue the “ticket of approval.” It was not until he had gone through all the procedures that the jasagh could place the order (ibid: 27).
Fourth, the Regulations included criminal law and judicial procedures. Punishment for serious offences, such as murder, robbery, and larceny were laid out. Domestic animals were an important part of property in the Mongol territory; therefore, the Regulations set detailed clauses on stealing stock. Raping, illegal trading of human beings, and digging tombs were included in the legal document as well. In the legal field, the Regulations also contained punitive measures against officials who failed to fulfill their duties (ibid: 31-32).
In addition the Regulations determined legal procedures in Mongol territory, such as how to start a legal suit, who was eligible to take a lawsuit, and the like. Furthermore, specific clauses were made to
govern trial, redemption of one’s punishment by paying a ransom, imprisonment, transportation of criminals, etc (ibid: 31-33).
Similarly the empire made laws and regulations for the Uyghurs as well. In the Uyghur territory, the first legal document systematically dealing with the Uyghurs was the six-article memorial presented by the general Zhaohui in charge of military conquest of Xinjiang, in August 1759, in the middle of the military campaign. The Qianlong emperor approved all the suggestions, thus turning the articles into law. The main contents outlined the methods to select and appoint native officials at the local level, collect tax ad provisions, mint new currency, and station troops in the city of Kashghar, one of the two major cities controlled by rebels (ibid: 76-77). In November 1765, shortly after quelling down the revolt at Ush, the emperor approved a memorial by Mingrui, which contained eight articles giving specific suggestions as to how to select and appoint the Hakim Beg, the etiquette regarding how native officials and Qing officials would address and interact with each other (ibid: 78-80).
The legal document had an article on ethnic relations. The seventh article prescribed residential segregation of Chinese and Uyghurs. It anticipated that Chinese immigration into Xinjiang would soar in the future. If Chinese lived close to government compounds, then officials would be able to handle the Chinese immigrants. If the state did not restrict Chinese residence, then they would mingle with Uyghurs and inevitably causing troubles. The article forced Chinese to live and trade in places adjacent to the military camps. It finally prescribed that Chinese who defied the rule would be punished (ibid: 79). Later the comprehensive legal document The Regulations on the Uyghur Territory (Huijiang zeli)
was first compiled in March 1814, revised in 1837, completed in 1842, and finally issued by the Daoguang emperor in 1843. Like the Regulations of the Colonial affairs concerning mainly about the Mongols, the Regulations on the Uyghur Territory stipulated bureaucracy in the region, including the official ranking system, selection and appointment of Uyghur officials, inheritance of titles and positions, their duties, native taxation and coercive labor, and Uyghur officials paying tribute to the emperor, many of which copied the Lifanyuan Regulations (81-87).
Two items were unique to the region. First was regional currency. The Regulations reiterated the government’s decision to keep the regional currency different from that of China proper, and further determined the exchange rate between the two currencies (ibid: 88). Secondly, the Regulations had multiple clauses governing behaviors of Manchu troops stationed in the region. The Clauses prohibited Manchu soldiers from entering Uyghur towns and villages, and Uyghur women from entering Manchu cities without permit. In addition, a clause prohibited Manchu soldiers from taking up Uyghur farmland and orchards (ibid: 92).
The state made five legal documents regarding Tibet by 1850. Among them the 1751 thirteen-clause Tentative Regulations Dealing with the Aftermath in Tibet, and the 1793 Imperially Approved
Regulations were significant. The former laid the foundation for imperial legislation on Tibet, and the latter was systematic in terms of content and significant in terms of influence on future laws.