Genghis Khan and the Making of the Modern World (32 page)

Khubilai Khan’s administration guaranteed landowners their property rights, reduced taxes, and improved roads and communications. To further garner public support, the Mongols lessened the harsh penal code of the Sung. The Mongols reduced by nearly half the number of capital offenses in China—from 233 to 135. Khubilai Khan rarely allowed the use of execution even for those offenses that remained. The records of executions survive for all but four of the thirty-four years of his reign. The highest number in a single year was 278 executions in 1283. The lowest was only 7 in 1263, but it is possible that the reason that four of the years are missing from the record is because there were no executions at all in those years. In total, fewer than 2,500 criminals were executed in more than three decades of Khubilai’s rule. His annual rate fell considerably short of the number of executions in modern countries such as China or the United States.

Overall, he installed a more consistent system of laws and punishments as well as one that was substantially milder and more humanitarian than the Sung’s. Where practical, he substituted fines for physical punishment, and he installed procedures to grant amnesty to criminals who repented of their wrongdoings. In a similar way, Mongol authorities sought to eradicate torture or, at least, to severely curtail its use. Mongol law specified that before torture could be applied to elicit a confession, the officials had to already have substantial evidence, not mere suspicion, that the person had committed a particular crime. The Mongol legal code of 1291 specified that officials must “first use reason to analyze and surmise, and shall not impose abruptly any torture.” By comparison, at the same time that the Mongols were moving to limit the use of torture, both church and state in Europe passed laws to expand its usage to an ever greater variety of crimes for which there need be no evidence. Unlike the variety of bloody forms of torture, such as stretching on the rack, being crushed by a great wheel, being impaled on spikes, or various forms of burning, in other countries, Mongols limited it to beating with a cane.

The mildness of Mongol law and the customs of steppe culture showed up in some odd ways. Chinese authorities frequently tattooed a criminal’s crimes on his forehead so that he was permanently marked by his crime. Because Mongols considered the forehead the abode of the soul, they maintained that even a criminal’s head could not be thus abused. The Mongol authorities allowed the tattooing to continue, where it was already in practice, but specified that the tattoos be placed on the upper arms for the first two offenses and on the neck for the third, but never on the forehead. The Mongols did not allow the punishment to be extended into new areas or to ethnic minorities who did not already have the practice. Rather than writing the crime on the body, Mongol authorities preferred to write the offense on a wall erected in front of a criminal’s home so that the entire community could watch him carefully. They also used a system of parole in which freed prisoners had to report twice a month to local officials to have their behavior reviewed. In keeping with the Mongol principle of group culpability and responsibility, the freedom of a prisoner depended, in part, on his willingness to join an auxiliary law enforcement agency in order to apply his knowledge or crime to the apprehension of other prisoners. Criminals, and often their entire families, had to sign documents acknowledging receipt of their sentence and to register their disagreement or complaint with the process. To preserve the record of the event, fingerprints were taken and attached to the document. Whenever practical, Mongol administrators preferred to have as many issues as possible settled at the lowest level without the intervention of officials. Crimes within a family could be settled by the family, or disputes within a group of monks of the same religion could be settled by monks within that religion, and crimes within a profession could be settled by councils of those professionals.

Related to dispute settlement, Mongol authorities encouraged the printing of books on criminology so that individual citizens and these small councils had the benefit of proper guidance. In the area of criminal law, they also set minimum requirements for officials visiting crime scenes to collect, analyze, and report evidence. These included instructions on the handling and examination of a corpse in order to collect as much information from it as practical, the reporting of which had to be made in triplicate, including drawings to depict the location of wounds. The Mongol procedures not only improved the quality of law enforcement, but corresponded with the overarching Mongol policy that all people, not just an educated elite, should know and be able to act through the law. For the Mongols, the law was more a way of handling problems, creating unity, and preserving peace rather than just a tool for deciding guilt or administering punishment.

Instead of educating officials in the classic arts of poetry and calligraphy, Mongols promoted more practical training in a variety of ways. They set minimum standards of knowledge for professions from matchmakers and merchants to doctors and lawyers. On every front, the Mongol policy seemed to be the same. It sought to standardize and raise the level of professions, while at the same time assuring a wide range of individuals access to them and to the benefits and services of the profession.

With so few Mongols ruling over so many people in China, Khubilai Khan seemed forced to accept administration through the traditional mandarins selected through a long process of study and exams, but he refused. Rather than perpetuate the old system, he abolished the exams and turned for administrative assistance to a wide variety of foreigners, particularly Muslims, and, when he could get them, Europeans such as Marco Polo. Like his grandfather, who found the educated Muslim administrators to be skilled in “the laws and customs of cities,” Khubilai imported large numbers of such men from his brother’s realm in Persia. He repeatedly sent requests to the pope and European kings asking them to send scholars and learned men, but with no response.

Mindful of overdependence on any single nationality or ethnic group and inclined to play one off against another, however, Khubilai constantly mixed Chinese and foreigners in a diverse set of administrators that included Tibetans, Armenians, Khitan, Arabs, Tajiks, Uighurs, Tangut, Turks, Persians, and Europeans. The Mongols staffed each office with an ethnic quota of the three major groups of northern Chinese, southern Chinese, and foreigners so that each official was surrounded by men of a different culture or religion. Just as Genghis Khan promoted men from the lowest levels of society to the highest ranks of leadership based on their skills and achievements rather than birth, Khubilai’s administration constantly promoted men from the lowest jobs, such as cooks, gatekeepers, scribes, and translators. Both the promotion of low-ranking men and the movement of them into new areas increased their dependence on and loyalty to their Mongol overlords and lessened their connection to the people ruled.

Without the rigid hierarchy of the ranked mandarins to administer local areas, Khubilai Khan imposed Genghis Khan’s system of decisions made through large meetings and councils and constant deliberation. Wherever possible and at whatever level, the Mongols replaced the bureaucracy with councils modeled on the small
khuriltai
of the steppes. The local councils had to meet daily, and any new measure had to come with the seal of approval of at least two officials. The council had to debate the issues and reach a consensus; the decision had to be made by the group, not by a single official. By Chinese standards, this was an extremely inefficient and impractical system that took too much time and energy compared with simply having one official make the decision and the people follow it. The Mongols promoted the use of other small councils, in a variety of ways. Patients displeased with medical service could seek redress from a council composed of representatives of the medical profession and nonmedical officials. Similar groups were formed to settle disputes involving a great variety of professions, from soldiers to musicians.

Whereas the old administrative system relied on unpaid scholarly officials who made a living by extorting money from people who needed their services or stamp of approval, the Mongols hired salaried employees for the lower levels of routine administration. They standardized the salaries throughout Mongol territory with a few regional differentials for the varying cost of living.

The move toward consensual councils and paid civil servants did not take deep root in China, and it failed to outlive the Mongols. As soon as the Ming came to power, they reverted to the traditional institutions of bureaucratic offices and abandoned the council form in favor of rule from above. This experiment in participatory administration was not tried again in Chinese history until the twentieth century, when the founders of the republic and the founders of Communism struggled to reintroduce some of the local councils, debates, salaried administrators, and citizen participation in government.

To further facilitate the speed and safety of commerce through the empire, Khubilai radically expanded the use of paper money. By the time Marco Polo arrived, the system was in full operation. He describes the money as made from mulberry bark in a form that we recognize as paper but which was still largely unknown in Europe. The paper money was cut into rectangles of varying size, marked with its value and stamped with a vermilion seal. The primary advantage of paper money was that it was much easier to handle and ship than the bulky coins then in use. Marco Polo wrote that the money was accepted throughout the empire: “To refuse it would be to incur the death penalty,” but most people “are perfectly willing to be paid in paper money since with it they can buy anything including pearls, precious stones, gold, or silver.” Mongol authorities in Persia tried but failed to institute the Mongol system of paper money because the concept was alien to the local merchants, and their discontent bordered on revolt at a time when the Mongols could not be certain they had the forces to win. Rather than risk a humiliating loss, the authorities withdrew the paper money.

Where there is paper money, there are increased opportunities for credit and financial disaster. In an important innovation designed to bring consistency to the markets, particularly involving the extension of credit, Mongol law provided for declarations of bankruptcy, but no merchant or customer could declare bankruptcy more than twice as a way to avoid paying debts. On the third time, he faced the possible punishment of execution.

While the Mongols consistently rejected some parts of Chinese culture such as Confucianism and foot binding, the refinement of the monetary system shows their great appreciation for other aspects of Chinese culture. Khubilai proved willing to reach far back into Chinese history for ideas and institutions that showed practical value. Khubilai built schools and revived the Chinese Hanlin Academy, which was composed of the brightest scholars in the country, in order to promote some types of traditional Chinese learning and culture. He founded the Mongolian Language School in 1269, and then the Mongolian National University at Khanbalik in 1271. He added new departments and commissioned scholars to record contemporary events, edit and reprint old texts, and tend the archives.

The Mongol court maintained scribes not only for the Mongol language but also for Arabic, Persian, Uighur, Tangut, Jurched, Tibetan, Chinese, and lesser-known languages; still, they experienced perplexing difficulties with the variety of languages. With only their Mongol-Uighur alphabet, the Mongols found it difficult to record all the administrative information they needed from their vast empire. In everyday administration, clerks had to be able to spell names as diverse as those of Chinese towns, Russian princes, Persian mountains, Hindu sages, Vietnamese generals, Muslim clerics, and Hungarian rivers. Because the subjects of the Mongol Empire used so many different languages, Khubilai Khan attempted one of the most innovative experiments in intellectual and administrative history. He sought to create a single alphabet that could be used to write all the languages of the world. He assigned this task to the Tibetan Buddhist lama Phagspa, who in 1269 presented the khan with a set of forty-one letters derived from the Tibetan alphabet. Khubilai Khan made Phagspa’s script the empire’s official script, but rather than force the system on anyone, he allowed the Chinese and all other subjects to continue using their own writing system as well in the hope that the new script would eventually replace the old by showing its superiority. Chinese scholars felt too attached to their own ancient language to allow themselves to be cut off from it by a new, and obviously barbarian, system of writing, and most subject people eventually abandoned the Mongol writing system as soon as Mongol power waned.

Peasants traditionally groveled at the bottom of a long line of government officials who commanded the most intimate aspects of their lives. The Mongols upset that ancient hierarchy by organizing the peasants into units of about fifty households called a
she
. These local units exercised broad responsibility and authority over their lives. They oversaw local farming, exercised responsibility for improving the land and managing water and other natural resources, and provided food reserves for time of famine. In general, they functioned as a form of local government, combining elements of Genghis Khan’s decimal organization and Chinese peasant tradition.

The
she
also had the task of providing some form of education for peasant children; the Mongols promoted general literacy as a way of improving the quality of life for everyone. Khubilai Khan created public schools to provide universal education to all children, including those of peasants. Until this point, only the rich had the time and income to educate their children and thereby maintain power over the illiterate peasantry for generation after generation. The Mongols recognized that in the winter, peasant children had time to learn, and rather than teaching them in classical Chinese, the teachers used the colloquial language for more practical lessons. The record of the Mongol dynasty lists 20,166 public schools created during Khubilai Khan’s reign. Despite possible exaggeration by officials seeking to improve their record, the Mongol achievement is amazing considering that no other country had attempted such an effort for universal education. In the West, it would be another century before writers began to write in the colloquial language, and it would take nearly five hundred more years before governments picked up the responsibility for public education for the children of common people.