Chapter 526: Moral Legitimacy
Outside the walled city of Aoshan Guard, at the Thirteen Forts of Jiaozhou under Dengzhou Garrison, Liu Minyou and Mo Huaiwen sat in the civil affairs office of the Jimo civil official. The office here was quite spacious. When this fort was first built, Chen Xin had just taken control of Dengzhou Garrison from the Wendeng Battalion, using the might of suppressing the Dengzhou "rebellion" and reclaiming southern Liaodong to forcibly pressure the Dengzhou and Laizhou guard battalions. Moreover, the garrison commander of Jimo Battalion was also from Dengzhou Garrison, so the seal-holder of Aoshan Guard was extremely compliant. As soon as Yang Yunnong threatened him, he obediently handed over the military fields and even agreed to let Dengzhou Garrison conscript soldiers from the military households. Tang Wei's group went over at that time.
After Jimo Battalion was replaced by Dengzhou troops, they swiftly wiped out the bandits in the surrounding area. Although Jimo was near the sea, it lay in the interior of Laizhou and was not a key transportation route, so the fort had no defensive wall built. After Dengzhou Garrison's civil affairs system stationed civil officials locally, Mo Huaiwen also set up a second-level civil official in the Jimo Battalion area, overseeing civil matters near Jimo Battalion, equivalent to an imperial county magistrate.
The Thirteen Forts served as the hub for several nearby forts, so the Jimo civil official was stationed here. Additionally, the Thirteen Forts had the function of reserve troop drills and settler assemblies, so both the office and the square were built somewhat larger.
At this moment, many settlers were already waiting in the office courtyard, gathered in circles and discussing, a cacophony of noise everywhere. Today was said to be a public trial, and all settlers could come to listen. But the hall inside was not large, only holding a hundred people; latecomers could not enter, so those wanting to watch the excitement had come early to the courtyard to secure a spot.
Spring plowing was already finished by now, with only a few vegetable crops left in the fields, so farm work was light. There was also no road repair work nearby, so quite a few settlers came. Gambling houses were strictly forbidden in Dengzhou Garrison forts. Brothels, though not banned, were hard to operate in a small, simple community like a fort. The settlers' usual entertainment was mainly watching plays, and today there was a free grand show to watch, so naturally they came to join the fun.
The civil official of Jimo Battalion was called Tan Shansheng, born into a military household in Weihai. He had attended the early literacy classes and was among the earlier officials in the civil affairs system. By the third year of Chongzhen, he had already worked under Liu Minyou. Today's trial was the first in Dengzhou, and Liu Minyou had come specially to observe. As a result, Mo Huaiwen also followed. With two important superiors present, Tan Shansheng felt rather uneasy.
"My lord Liu, my lord Mo, this is the process for selecting the jurors. After receiving your letter, my lord, I dared not be negligent and participated fully in supervising the selection. They were drawn by lot from the other four forts, four people per fort, each drawn from a paper box within the fort. There are also four people of Aoshan Guard registration who actually belong to the fort system, totaling twenty people. They are now waiting in the storehouse for selection. The name list is kept solely by me, sealed with wax and locked in a cabinet. You two lords may designate nine of them."
Tan Shansheng finished speaking and handed over a roster. Liu Minyou took it and looked it over. The list contained each person's settler number, origin, side occupation, and literacy level. Liu Minyou examined it carefully for a moment, took the brush, and crossed out one former licentiate and one fort chief, then handed it back to Tan Shansheng. "From the remaining list, select the nine with odd numbers."
Tan Shansheng accepted it respectfully. "I shall go at once to notify these nine to enter. Shall I send the other eleven back?"
Liu Minyou waved his hand and said, "Let them wait a while longer. In case any of these nine know the plaintiff or defendant, we will need to reselect."
Tan Shansheng quickly went out the door. Mo Huaiwen, beside him, said to Liu Minyou in a low voice, "My lord, does this method not consume more manpower? Tan Shansheng has been working on this for half a month just to basically finish this matter."
"The first time is somewhat troublesome, but in the future, this will not be the civil official's task." Liu Minyou took a sip of tea and said softly, "Civil officials will still manage their previous affairs. This matter of adjudicating cases will be handled by specialized personnel. After the trial run is complete, a specialized institution will naturally be set up."
Hearing this, Mo Huaiwen realized that the judicial function of civil officials was to be abolished and could not help but be somewhat stunned. In his understanding, civil officials were like imperial department magistrates and county magistrates. Although there were judicial commissioners above them, at the county level, the magistrate could adjudicate cases. Generally speaking, it was considered handling cases according to law, based mainly on the Great Ming Code, the Great Ming Collected Statutes, and the Regulations for the Adjudication of Penal Matters.
The Collected Statutes mainly targeted officials and the military. At the county magistrate level, they used the Great Ming Code and the Regulations for the Adjudication of Penal Matters. Because Zhu Yuanzhang decreed that the Great Ming Code could not be altered, but the Great Ming Code was hard to adapt to the social development of the Ming dynasty, the Wanli Emperor compromised and created the Regulations for the Adjudication of Penal Matters, appended after the Great Ming Code, to serve as the basis for adjudication.
Both of these were quite vast and complex. Imperial county magistrates were at least scholars by birth; when needed, they could simply look things up or have a familiar clerk find them. But ordinary fort chiefs in Dengzhou Garrison fundamentally could not read and understand them. Therefore, previous dispute resolution in the forts more closely resembled a clan-based method, with the fort chief replacing the role of the clan elder, relying on administrative power or personal prestige to handle matters.
These two legal codes were both established according to the social system of the Ming dynasty, with different judgments for different classes and statuses. This was one reason Liu Minyou was unwilling to use them. Dengzhou Garrison had a power system; if they copied the legal codes directly, the final result would be a new Great Ming Code based on power as the class structure.
On the other hand, the Dengzhou forts operated under the guise of guard battalions and local gentry self-defense. If they used new legal codes to adjudicate cases on a large scale, it would violate a major taboo of the imperial court. So Liu Minyou thought it over and concluded that the only way was to exploit a loophole using a common law system. This was also an important reason he was conducting this trial run.
Liu Minyou glanced at Mo Huaiwen's surprised expression. The judiciary inevitably had to be separated from the Civil Affairs Department, but seeing Mo Huaiwen's face now, he knew that the group of civil officials would certainly have some resistance. Interests and power were one aspect; another was that once this power was stripped away, it meant the civil officials themselves could also be subject to judicial constraints. So Mo Huaiwen's reaction was within expectations. At present, the Dengzhou system was not yet vast; if they tried to change it later, the resistance would likely be even greater.
"Huaiwen, adjudication by the forts is absolutely unworkable. If it is handed to second-level civil officials, the number of forts under that civil official's jurisdiction might be many, and then he would not be able to do any other work, unable to finish adjudicating cases every day. The imperial county magistrates seem to handle everything together, but in reality, they do not manage it. Rural disputes are mostly decided by the gentry and clan elders, which is tantamount to laissez-faire. That is not acceptable in our Dengzhou Garrison, so we must establish separate judicial officers. The judicial officer I brought this time is from the Dengzhou Civil Affairs Department, also here to gain experience."
Seeing Liu Minyou's resolute attitude, Mo Huaiwen bowed slightly and said nothing more. Liu Minyou also closed his eyes to rest and await the opening of the court.
The door creaked open. Liu Minyou asked with his eyes closed, "Has court opened?"
A voice rang out, "Not yet."
Mo Huaiwen hurriedly stood up. Liu Minyou turned his head to look; Chen Xin stood grinning at the doorway. He said to Mo Huaiwen, "I just arrived. There are quite a few settlers outside; the scene is a bit chaotic."
Mo Huaiwen immediately understood and said, "I shall go take a look at once." With that, he hurried out, pulling the door leaf shut behind him.
Chen Xin then sat down in Mo Huaiwen's chair. Liu Minyou looked at him and smiled, "Your spring offensive is over?"
"It is over, but the roving bandits have stirred up a huge momentum. Before, I thought they could destroy the old system, but the more I think about it now, the more wrong it seems. They are destroying everything. That's why I came specially to discuss it with you."
Liu Minyou raised one hand and said flatly, "Last month's report from the bank: the Wuchang branch received one million twenty thousand taels of silver in deposits that month, half in silver certificates and half in bills of exchange. The bills of exchange mostly flowed to Southern Zhili, with roughly twenty percent going to Jinan Prefecture. The Wuchang branch was established not long ago, but the Intelligence Bureau has done an excellent job; news spreads fast. Many locals know it is run by Dengzhou Garrison. Relying on the credibility of our military force, most are willing to deposit here. After Zhu Daichun's unit reached the outskirts of Wuchang, the bank's business has been very good, but I never expected an extra million taels in deposits in a single month."
Chen Xin asked in surprise, "Is it related to the roving bandits?"
"It should be. That month, news of the roving bandits leaving Shaanxi must have been received. Wealthy households in Huguang feared they would come to Huguang again, so they deposited a lot of silver. In the third month, the roving bandits sacked Fengyang. Everywhere in Southern Zhili was terrified. The banks in Yangzhou, Xuzhou, and Jiningzhou also saw a surge in deposits. The bills of exchange flowed to Linqingzhou and Jinan Prefecture, but not many came directly to Dengzhou. According to inquiries by the trading company and the bank, deposits at other banks are also increasing, but nowhere near as much as ours."
When Liu Minyou spoke of silver, he used to worry about it being too little. Now that it suddenly increased, his brow remained furrowed, and Chen Xin wore the same expression. He stroked his chin and said, "If all currency flows to one place, but goods do not increase, this will cause prices to soar."
"Not immediately. Those using bills of exchange are all wealthy households. They are few in number but have much money. Depositing in the Four Seas Bank is in the hope that our Dengzhou Garrison can protect Shandong. After all, the three prefectures of Deng, Lai, and Qing have always been remote and poor. Jinan Prefecture is prosperous, just a step away from Qingzhou, so the largest flow is to Jinan. These people are not numerous and will not directly cause a rise in essential consumer goods, but land and houses related to property acquisition will surge, because most of these people will still buy land. Their surplus silver may still earn interest, and its circulation is not strong, but in the long run, prices will certainly rise."
Chen Xin waved his hand and said, "I'm talking about the entire Grand Canal route. Jiangnan's grain depends on Huguang and Jiangxi. The roving bandits went through Huguang once. Although Chen Qiyu quickly drove them towards Sichuan and Hanzhong, they have already damaged many places. This year, grain output will begin to show a downward trend. That is a real grain shortage, not one stirred up by us. This is truly not good for us. The bank has more silver, but we can't just pay interest. Money must generate more money, so we must expand production and increase profits. The problem now is to what extent the roving bandits can cause destruction. If the entire north is devastated and its population withers, and Huguang's grain harvest fails completely, then how can the population survive, and where can goods be sold?"
"I am also worried about this problem. The roving bandits' previous rampages only destroyed one area. If they truly smash everywhere to pieces, they will cut off our commercial interests. Jiangnan has too many cash crops. To thoroughly defeat Jiangnan cloth with cotton cloth still needs time. Those fields will not easily be replanted with grain; it will take at least two or three years. Jiangnan relies too heavily on commerce, but grain, this fundamental thing, is not plentiful. Without enough grain, how can there be consumption? Moreover, the roving bandits' movements will likewise affect Jiangnan's economy. To whom will we sell our goods then? In the end, not only cotton cloth, but I fear even cigarette sales will drop."
"Now it's not just large bands like Gao Yingxiang, Li Zicheng, and Zhang Xianzhong. Bandits and mountain brigands are swarming everywhere. They are eliminating population and markets, cutting off trade routes, affecting our commercial system. Therefore, the roving bandits are already our great enemy." Chen Xin covered his face. "But I truly cannot free my hands. The Jianzhou bandits' main force is still there; it will probably take two or three years of sustained strikes. I worry the roving bandits will not give us this time. Judging by their current momentum, devastating five provinces is not enough; sooner or later they will enter Sichuan and Jiangxi. Then the fertile lands will become wasteland. If we truly take over, we will have to spend even more effort to stabilize the situation, and the difficulty will greatly increase."
Liu Minyou shook his head and said, "Just thinking about it gives me a headache. Your original plan was to use commerce and banks to divide the gentry class, and use military force to deter the court, so that bloodshed could be lessened, though it would take a long time. But now the roving bandits may not give us that time."
"There is also one person who may not give it either." Chen Xin took out a letter from his pocket and handed it to Liu Minyou. Liu Minyou looked at the header; it was top secret. After reading the content further, he looked up and asked Chen Xin, "Summoning you to the capital. What does the Emperor mean by this?"
"Perhaps a probe, perhaps a trap." Chen Xin could not help but stand up and take two steps. "The Emperor and the court hold the mantle of orthodoxy. On the surface, I am still an official of the court. One moment they give me Junior Guardian, the next Junior Preceptor. Even if I look down on it, I must accept it. Now they want me to enter the capital to present captives; it is also high-sounding and dignified."
"What conspiracy could there be in between? Would the Emperor dare to kill you?"
Chen Xin laughed in spite of himself. "Although the Emperor is young and impulsive, he is not so base. To deal with me, he doesn't need to kill me. There are plenty of other means to choose from. He could grant me a noble title like duke or minister, keep me in the capital as Chief Commissioner of the Capital Training Divisions; or throw me into the Five Chief Military Commissions as an idle post, under house arrest normally, but outwardly calling it preferential treatment; or have me assassinated en route and frame someone else. There are various methods, and then slowly divide Dengzhou Garrison."
"He might even marry a princess to you. According to the court system, you, as an imperial son-in-law, would then be unable to hold any official post, and others would also think it preferential treatment."
Chen Xin laughed heartily. "That would at least be some compensation."
Liu Minyou also laughed along for a moment. After laughing, he waited a bit and said, "I think you should not go. What you gain from going to the capital is merely a sense of moral legitimacy, showing that you are not disloyal to the court, plus stabilizing the Emperor and the court's thoughts. However, last time I also read the Intelligence Bureau's personality analysis of the Emperor. He is rather stubborn about what he believes. Even if you go, you cannot dispel his wariness. But if the court turns ruthless and truly moves against you, the loss to our Dengzhou Garrison would far outweigh this small gain. The possibility of disintegration is not non-existent. This is what a wise man would not choose."
Chen Xin nodded. "Moral legitimacy is merely the icing on the cake, something for scholars and officials to see. Who among the common people cares about that? Whoever can give them good days is moral legitimacy. Even someone like Zu Dashou, only people in officialdom know his true nature. Who among the common people under heaven knows whether he is moral or not? So strength is the foundation. I will not go to the capital."
Liu Minyou sighed and continued, "Anyway, you have plenty of ways to find excuses not to go to the capital. Just don't tear face openly on the surface. As long as the reason is legitimate, others won't say you've lost moral legitimacy. But this is just getting past this hurdle. What I'm worried about now is still this chaotic situation under heaven. The roving bandits are stirring the pot fiercely now. We should have a way to break the impasse. If we let it fester, I truly don't know how to clean up this mess in the future."
Chen Xin returned to his seat, leaned back in his chair, pondered for a moment, and said softly, "What currently ties down most of my strength is still that Later Jin in Liaodong. If Later Jin is not destroyed, the roving bandits are also hard to destroy. It seems I must settle accounts with Huang Taiji ahead of schedule."
At that moment, Mo Huaiwen's voice came from outside the door. "My lords, court is in session."
Chen Xin patted his forehead and stood up. "Let's go, watch the excitement."
Liu Minyou stopped him and said, "First change your clothes. We'll disguise ourselves as settlers and go in." (To be continued.)
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