1
志八十八
Treatise 88
2
選舉八
Selection and Examinations 8
3
新選舉
New Elections
4
新選舉制，別於歷代取士官人之法。 清季豫備憲政，仿各國代議制度，選舉議員，博採輿論。 議員選舉有二：曰資政院議員選舉，曰各省諮議局議員選舉。 自辛丑迴鑾，朝廷銳意求治，派大臣赴各國考察政治，設考察政治館。 命甄擇各國政法，斟酌損益，候旨裁定。 光緒三十二年七月，詔曰：「考察政治大臣載澤等回國陳奏，國勢不振，由於上下相暌，內外隔閡； 而各國所以富強，在實行憲法，取決公論。 今日惟有仿行憲政，大權統於朝廷，庶政公諸輿論，廓清積弊，明定責成，以豫備立憲基礎。 俟規模初具，妥議立憲實行期限。 各省將軍、督、撫曉諭士庶人等，各明忠君愛國之義，合群進化之理，尊崇秩序，保守和平，豫備立憲國民之資格。」 九月，慶親王奕劻等遵旨核議釐定官制，以「立憲國官制，立法、行政、司法三權並峙，各有專屬，相輔而行。 立法當屬議院，今日尚難實行。 請暫設資政院，以為豫備」。 詔如所議。
The new election system was distinct from the ways earlier dynasties had selected and appointed scholar-officials. As the late Qing prepared for constitutional rule, it modeled foreign parliamentary systems, elected legislators, and sought broadly to take in public opinion. Member elections fell into two categories: elections for the Imperial Consultative Assembly and elections for each province's consultative assembly. After the court returned to the capital in 1901, it pressed hard for reform, sent senior ministers abroad to study political systems, and set up a bureau to investigate foreign governance. It ordered a careful selection of foreign constitutional models to be adapted as needed, pending the throne's final approval. In the seventh month of 1906, an edict declared: "The ministers sent to study politics abroad, Zaize and his colleagues, reported on their return that the nation's vigor had waned because rulers and ruled had grown apart and court and country had fallen out of step; yet other states had grown powerful by putting constitutions into practice and letting public deliberation decide policy. Henceforth we must follow their example: supreme authority must remain with the throne, routine governance must be open to public debate, entrenched abuses must be cleared away, and responsibilities must be plainly assigned, so as to lay the groundwork for constitutional rule. Once the institutions are in place, a suitable date for the constitution's full implementation shall be settled. Provincial military governors and civil governors were to instruct gentry and commoners alike in loyalty to the throne, love of country, the duty of civic association, respect for order, and the preservation of peace, so that they might qualify as citizens under a future constitution." In the ninth month, Prince Qing Yikuang and his colleagues, acting on imperial orders, reviewed and settled the official system, observing that "in a constitutional state the legislative, executive, and judicial powers stand alongside one another, each with its proper domain, yet working in concert. Legislation properly belongs to a parliament, but that cannot yet be realized. We therefore ask that an Imperial Consultative Assembly be established for the time being as a preparatory step." The throne approved the proposal.
5
三十三年，改考察政治館為憲政編查館。 八月，諭曰：「立憲政體，取決公論，中國上、下議院未能成立，亟宜設資政院，以立議院基礎。 派溥倫、孫家鼐為資政院總裁，妥擬院章，請旨施行。」 尋諭：「各省應有採取輿論之所，俾指陳通省利病，籌計地方治安，並為資政院儲才之階。 各省督、撫於省會速設諮議局，慎選公正明達官紳，創辦其事。 由各屬合格紳民，公舉賢能為議員。 斷不可使品行悖謬、營私武斷之人濫廁其間。 凡地方應興應革事宜，議員公同集議，候本省大吏裁奪施行。 將來資政院選舉議員，由該局公推遞升。」
In 1907 the Bureau for the Investigation of Politics was renamed the Constitutional Compilation Bureau. In the eighth month an imperial instruction declared: "Constitutional government rests on public deliberation; since China's upper and lower houses cannot yet be formed, an Imperial Consultative Assembly should be established at once as the foundation of a future parliament. Pu Lun and Sun Jianai were appointed presidents of the assembly and charged to draft its regulations for imperial approval." Soon afterward came further instructions: "Each province needs a forum for public opinion, where men may set forth the province's needs and ills, deliberate on local order, and supply a training ground for future members of the Imperial Consultative Assembly. Provincial governors were to establish consultative assemblies quickly at their capitals, choosing upright and capable officials and gentry to launch the work. Qualified gentry and commoners in each district were to elect capable men as members by public ballot. Men of corrupt character who pursued private gain or ruled by arbitrary fiat must on no account be allowed to slip in among them. On all local matters requiring promotion or reform, members were to deliberate jointly, leaving final decision and execution to the provincial authorities. Future elections to the Imperial Consultative Assembly would draw members upward by public nomination from these provincial bodies."
6
三十四年六月，資政院奏言：「立憲國之有議院，所以代表民情，議員多由人民公舉。 凡立法及豫算、決算，必經議院協贊，方足啟國人信服之心。 大學云：『民之所好好之，民之所惡惡之。』 孟子云：『所欲與聚，所惡勿施。』 又云：『樂以天下，憂以天下。』 皆此理也。 昔先哲王致萬民於外朝，而詢國危國遷，實開各國議院之先聲。 日本豫備立憲，於明治四年設左、右院，七年開地方會議，八年立元老院，二十三年遂頒憲法而開國會。 所以籌立議院之基者至詳且備。 謹旁考各國成規，揆以中國情勢，酌擬院章目次，凡十章。 先擬就總綱、選舉二章呈覽。」 報可。
In the sixth month of 1908 the Imperial Consultative Assembly memorialized: "Constitutional states maintain parliaments to represent the people's will; members are for the most part chosen by public election. Legislation, budgets, and final accounts must all receive parliamentary assent if the nation is to place its trust in government. The Great Learning says: "What the people approve, approve; what the people condemn, condemn." Mencius said: "Give the people what they desire; do not visit on them what they hate." He also said: "Rejoice with all under Heaven; grieve with all under Heaven." All express the same principle. In antiquity sage kings summoned the people to the outer court and asked whether the state stood in peril or should be moved—truly the forerunner of every nation's parliament. Japan's path to constitutional rule began with Left and Right Councils in Meiji 4, local assemblies in Meiji 7, a House of Elders in Meiji 8, and finally a constitution and national Diet in Meiji 23. Its preparations for a parliament were thus thorough in the extreme. Having surveyed foreign precedents and weighed them against China's circumstances, we have drafted a ten-chapter outline for the assembly's regulations. We submit first the chapters on general provisions and elections for Your Majesty's review." The throne approved the memorial.
7
是月憲政編查館會同資政院擬訂各省諮議局章程，並議員選舉章程。 奏言：「立憲政體之要義，在予人民以與聞政事之權，而使為行政官吏之監察。 東、西立憲各國，雖國體不同，法制各異，無不設立議院，使人民選舉議員，代表輿論。 是以上下之情通，暌隔之弊少。 中國向無議院之說，今議倡設，人多視為創舉。 不知虞廷之明目達聰，大禹之建鞀設鐸，洪範之謀及庶人，周官之詢於外朝，古昔盛時，無不廣采與論，以為行政之準則，特未有議院之制度耳。 今將創設議院，若不嚴定規則，事為之制，曲為之防，流弊不可勝言。 中國地大民眾，分省而治。 各省之政，主於督、撫，與各國地方之治直接國都者不同。 而郡縣之制，異於封建，督、撫事事受命於朝廷，亦與各國聯邦之各為法制者不同。 諮議局為地方自治與中央集權之樞紐，必使下足裒集一省之輿論，上仍無妨國家統一之大權。 此日各省諮議局辦法，必須與異日京師議院辦法有相成而無相悖。 謹仰體聖訓，博考各國立法之意，兼采外省所擬章程，參伍折衷，擬訂各省諮議局章程，別為選舉章程一百十五條，候欽定頒行。」 詔飭各督、撫迅速舉辦，實力奉行，限一年內一律辦齊。 並諭曰：「朝廷軫念民依，使國民與聞政事。 先於各省設諮議局，以資歷練。 凡我士庶，當共體時艱，同攄忠愛。 於地方應興應革之利弊，切實指陳。 於國民應盡之義務，應循之秩序，竭誠踐守。 各督、撫當本集思廣益之懷，行好惡同民之政，虛衷審察，惟善是從。 至選舉議員，尤宜督率有司，認真監督，精擇慎選。 憲政編查館、資政院迅將君主立憲大綱，暨議院選舉各法，擇要編輯。 並將議院未開以前應籌備各事，分期擬議具奏。 俟親裁後，即將開設議院年限，欽定宣布。」
That same month the Constitutional Compilation Bureau and the Imperial Consultative Assembly jointly drafted regulations for provincial consultative assemblies and for the election of their members. They memorialized: "The essence of constitutional government is to give the people a voice in public affairs and to make them overseers of the officials who administer them. Every constitutional state, East or West, whatever its form of government or legal system, establishes a parliament and lets the people elect members to speak for public opinion. Thus sentiment flows between rulers and ruled, and the evils of estrangement are diminished. China has never known parliaments; many therefore regard the present proposal as something wholly new. They forget that the court of Yu sought clear sight and keen hearing, that Yu the Great set up drums and bells for public remonstrance, that the Great Plan enjoined consulting the common people, and that the Rites of Zhou required inquiry in the outer court—in every golden age antiquity gathered opinion broadly as the standard of rule; only the institution of a parliament was lacking. If parliaments are now to be created without strict rules, regulated procedures, and careful safeguards, abuses will follow beyond numbering. China is vast and populous, ruled through provincial division. Provincial administration rests with governors and governors-general, unlike local government abroad, which often reports directly to the national capital. The commandery-and-county system differs from feudal partition, and governors take their orders on every matter from the court—unlike federations abroad, where each member state makes its own laws. The consultative assembly is the hinge between local autonomy and central authority: below, it must gather a province's opinion in full; above, it must not impair the nation's unity of power. Today's provincial consultative assemblies must complement, not conflict with, the capital parliament of the future. In obedience to imperial instruction, having studied foreign legislative intent and incorporated drafts from the provinces, we have reconciled them into regulations for provincial consultative assemblies, with a separate code of one hundred fifteen articles on elections, pending Your Majesty's approval for promulgation." An edict commanded all governors to proceed at once, enforce the regulations in earnest, and complete the work within one year. A further instruction declared: "The court cares deeply for its people and opens public affairs to national participation. Provincial consultative assemblies are established first to provide training and experience. Let all gentry and commoners share the burdens of the age and give voice together to loyalty and devotion. Speak plainly and concretely on what local affairs should be advanced or reformed, and on their benefits and costs. Fulfill faithfully the duties of citizenship and observe the order that binds the nation. Governors should take counsel widely, govern in sympathy with the people's likes and dislikes, examine proposals with open minds, and follow only what is good. Above all, in electing members, governors must supervise their subordinates closely, oversee the process earnestly, and choose with the utmost care. The Constitutional Compilation Bureau and the Imperial Consultative Assembly were to compile promptly the essentials of the constitutional outline and the laws governing parliamentary elections. They were also to draft and memorialize in stages all matters requiring preparation before parliament could open. Once the sovereign has decided, the date for opening parliament shall be proclaimed by imperial decree."
8
八月，憲政編查館、資政院會奏遵擬憲法議院選舉法綱要，暨議院未開以前逐年籌備事宜。 自本年起，分九年籌備。 其關於選舉議員者，第一年各省籌辦諮議局，第二年舉行諮議局選舉，各省一律成立，頒布資政院章程，舉行資政院選舉。 第三年召集資政院議員舉行開院。 第九年始宣布憲法，頒布議院法，暨上、下議院議員選舉法，舉行上、下議員議員選舉。 諭令京、外各衙門依限舉辦。
In the eighth month the two bodies jointly memorialized the draft outline of constitutional and parliamentary election law, together with a year-by-year schedule of preparations before parliament could open. Starting that year, preparations were spread over nine years. Regarding member elections: year one, provinces were to prepare consultative assemblies; year two, provincial elections were to be held, all assemblies established, Imperial Consultative Assembly regulations promulgated, and its elections conducted. Year three, the Imperial Consultative Assembly was to convene and open its sessions. Only in year nine was the constitution to be proclaimed, parliamentary law and election laws for both houses promulgated, and elections for upper and lower house members held. An imperial instruction ordered all capital and provincial offices to proceed according to the schedule.
9
先是資政院奏擬院章目次，第二章為選舉。 宣統元年七月，資政院奏續擬院章，改訂第二章目次為議員，專詳議員資格、額數、分類、任期，而另定選舉詳細章程，以免混淆，從之。 院章規定資政院議員資格，由下列各項人員年滿三十歲以上者選充。 一，宗室王、公世爵； 二，滿、漢世爵； 三，外籓王、公世爵； 四，宗室、覺羅； 五，各部、院四品以下、七品以上官，惟審判、檢察、巡警官不與； 六，碩學通儒； 七，納稅多額人； 八，各省諮議局議員。 定額：宗室王、公世爵十六人，滿、漢世爵十二人，外籓王、公世爵十四人，宗室、覺羅六人，各部、院官三十二人，碩學通儒十人，納稅多額者十人。 各省諮議局議員一百人。 類別為欽選、互選。 宗室王、公世爵，滿、漢世爵，外籓王、公世爵，宗室、覺羅，各部、院官，碩學通儒，納稅多額者，欽選。 各省諮議局議員互選。 任期三年，任滿一律改選。
Earlier the Imperial Consultative Assembly had submitted a draft outline whose second chapter dealt with elections. In the seventh month of 1909 the assembly memorialized further drafts, retitling chapter two as "Members" to treat qualifications, quotas, categories, and terms in detail, with separate detailed election regulations to avoid confusion; the throne approved. The regulations stipulated that assembly members must be at least thirty years old and drawn from the following categories. First, princes of the imperial clan and hereditary ranks of prince and duke; Second, Manchu and Han hereditary nobles; Third, princes and hereditary nobles of the frontier dependencies; Fourth, imperial clansmen and gioro kinsmen; Fifth, ministry and board officials from fourth rank down through seventh rank and above, excluding judicial, prosecutorial, and police officers; Sixth, eminent scholars and accomplished Confucians; Seventh, persons who had paid substantial taxes; Eighth, members of the provincial consultative assemblies. Quotas were fixed as follows: sixteen imperial princes and hereditary nobles of prince and duke rank; twelve Manchu and Han hereditary nobles; fourteen frontier princes and nobles; six imperial clansmen and gioro kinsmen; thirty-two ministry officials; ten eminent scholars; ten large taxpayers. One hundred members from the provincial consultative assemblies. Members fell into two categories: imperial appointment and mutual election. Imperial princes and nobles, Manchu and Han nobles, frontier princes and nobles, clansmen, ministry officials, eminent scholars, and large taxpayers were to be appointed by imperial selection. Provincial consultative assembly members were to be chosen by mutual election. Terms were three years; at expiry all members were to be re-elected.
10
九月，資政院會奏資政院議員選舉章程，疏言：「資政院議員選任之法，大別為欽選、互選二者，各有取義。 而欽選議員名位有崇卑，人數有多寡，當因宜定制，取便推行。 宗室王、公世爵，滿、漢世爵及外籓王、公世爵，階級既高，計數較少，應開列全單，恭候簡命。 宗室、覺羅，各部、院官及納稅多額者，合格人數，與議員定額比例，多少懸殊。 考外國上院制，敕任議員多經互選。 擬略師其意，於欽選之前，舉行互選。 各照定額，增列多名。 好惡既卜諸輿情，用舍仍歸於宸斷。 其碩學通儒，資格確定較難，人數調查不易，互選勢所難行。 擬略仿從前保薦鴻博之例，寬取嚴用，以蒐訪之任，寄諸庶官。 抉擇之權，授諸學部。 仍寬定開列名數，冀不失欽選之本旨。 以上各項，略采各國上院辦法，為建設上議院之基礎。 而資政院兼有下院性質，不能無民選議員，與欽選相對待。 特以諮議局為資政院半數議員之互選機關，諮議局議員本由各省合格紳民複選而來，則諮議局公推遞升之資政院議員，即不啻人民間接所選舉。 公推遞升之標準，不能不以得票多寡為衡。 但監督權屬於督、撫，非經覆定，不令遽膺是選。 既與欽選大權示有區別，自與下院要義不相背馳。」 詔如所議行。
In the ninth month the assembly jointly memorialized its election regulations, observing: "Methods for appointing assembly members fall broadly into imperial selection and mutual election, each with its own rationale. Among imperial appointees, rank varies from high to low and numbers from many to few; rules must be adapted to circumstance for ease of implementation. Imperial princes and nobles, Manchu and Han nobles, and frontier princes and nobles rank high and are few in number; the full eligible list should be submitted for the throne's direct appointment. For clansmen, ministry officials, and large taxpayers, the pool of eligible persons bears no fixed proportion to the number of seats. In foreign upper houses, members appointed by the crown commonly pass through prior mutual election. We propose to follow their example in holding mutual election before imperial appointment. For each quota, additional candidates were to be listed. Public sentiment would thus be tested, yet the final choice would still rest with the throne. For eminent scholars, qualifications are hard to define precisely, numbers hard to ascertain, and mutual election impracticable. We propose to follow the precedent of the erudite scholar recommendations: cast the net wide but select strictly, entrusting the search to officials throughout the bureaucracy. The power of final selection was vested in the Ministry of Education. A generous list of names was still to be submitted, so as not to depart from the spirit of imperial appointment. All of the above roughly follow foreign upper-house practice as the foundation for building an upper chamber. Yet the assembly also partakes of a lower-house character; it cannot do without popularly chosen members to balance imperial appointment. The consultative assembly was made the mutual-election body for half the assembly's seats; since its members were themselves chosen by qualified provincial gentry, members it nominated upward to the assembly were in effect indirectly elected by the people. Public nomination must be measured by the number of votes received. Supervision rested with governors, however, and no one could take up the selection without their review and confirmation. This marked a distinction from imperial appointment while remaining true to the spirit of a lower house." The throne ordered the proposal carried out.
11
資政院議員選舉章程之規定，宗室王、公世爵，列爵凡十二：一，和碩親王； 二，多羅郡王； 三，多羅貝勒； 四，固山貝子； 五，奉恩鎮國公； 六，奉恩輔國公； 七，不入八分鎮國公； 八，不入八分輔國公； 九，鎮國將軍； 十輔國將軍； 十一，奉國將軍； 十二，奉恩將軍。 按院章定額分配，自和碩親王至奉恩輔國公十人，自不入八分鎮國公至奉恩將軍六人。 滿、漢世爵，以滿洲、蒙古、漢軍旗員及漢員三等男以上以之爵級為限，按定額分配。 三等侯以上八人，一等伯至三等男四人。 外籓王、公世爵，凡下列蒙古、回部、西藏各爵：一，汗； 二，親王； 三，郡王； 四，貝勒； 五，貝子； 六，鎮國公； 七，輔國公。 按定額分配。 內蒙古六盟，盟各一人； 外蒙古四盟，盟各一人； 科布多及新疆所屬蒙古各旗一人； 青海所屬蒙古各旗一人； 回部一人； 西藏一人。 凡各項世爵年滿三十歲以上，未奉特旨停止差俸，及因疾病或事故自請開去一切差使者，均得選充資政院議員。 每屆選舉，資政院於前一年九月行知宗人府、各該管衙門、理籓部，分別查明合格者，造具清冊，於選舉年分二月以前，咨送資政院。 由院分別開單，於三月以前，奏請按額欽選。 其宗室王、公，滿、漢世爵，現任軍機大臣，參豫政務大臣，及資政院總裁、副總裁者，無庸選充。 有缺額時，資政院隨時行知各該衙門，修正清冊。 按爵級或部落應選充者，奏請欽選補足之。
The election regulations for imperial princes and hereditary nobles listed twelve ranks: first, Prince of the First Rank; second, Prince of the Second Rank; third, Prince of the Third Rank; fourth, Prince of the Fourth Rank; fifth, Duke Who Pacifies the State by Imperial Grace; sixth, Duke Who Assists the State by Imperial Grace; seventh, Duke Who Pacifies the State, Outside the Eight Privileges; eighth, Duke Who Assists the State, Outside the Eight Privileges; ninth, General Who Pacifies the State; tenth, General Who Assists the State; eleventh, General Who Supports the State; twelfth, General by Imperial Grace. Quotas under the assembly regulations allotted ten seats from Prince of the First Rank through Duke Who Assists the State by Imperial Grace, and six from the lower ducal ranks through General by Imperial Grace. Manchu and Han hereditary nobles were limited to Manchu, Mongol, and Chinese Bannermen and Han officials of baron third rank and above, with seats allocated by fixed quota. Eight seats for marquis third rank and above; four for baron first rank through baron third rank. Frontier princes and nobles comprised the following Mongol, Muslim, and Tibetan ranks: first, khan; second, prince; third, commandery prince; fourth, beile; fifth, beizi; sixth, Duke Who Pacifies the State; seventh, Duke Who Assists the State. Seats were allocated by fixed quota. The six Inner Mongolian leagues, one each; the four Outer Mongolian leagues, one each; one from the Mongol banners of Kobdo and Xinjiang; one from the Mongol banners of Qinghai; one from the Muslim regions; one from Tibet. Any holder of these hereditary ranks aged thirty or above who had not been stripped of stipends by special edict and had not voluntarily relinquished all assignments for illness or other cause was eligible for election to the assembly. Before each election, in the ninth month of the prior year the assembly notified the Imperial Clan Court, relevant offices, and the Court of Colonial Affairs to verify eligibles, compile registers, and forward them by the second month of the election year. The assembly would draw up separate lists and memorialize for imperial appointment by quota before the third month. Imperial princes and nobles serving as Grand Councillors, ministers participating in government affairs, or as president or vice-president of the assembly were exempt from election. When vacancies arose, the assembly notified the relevant offices at once to revise the registers. Vacancies were to be filled by memorializing for imperial appointment according to rank or tribe.
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宗室、覺羅，凡男子年滿三十歲以上，無下列情事者，得選充資政院議員：一，曾處圈禁或發遣者； 二，失財產上信用被人控實未清結者； 三，吸食鴉片者； 四，有心疾者； 五，不識文義者。 其現任三品以上職官，審判、檢察、巡警官，及現充海、陸軍軍人者，無庸選充。 按定額分配，宗室四人，覺羅二人，由各該合格人先行互選。 於選舉年分二月初一日，在京師及奉天府行之。 京師以宗人府堂官為監督，奉天以東三省總督為監督。 每屆互選，資政院於前一年九月行知互選監督，照章舉行。 設互選管理員，掌調查互選人，管理投票、開票、檢票等事宜。 由互選管理員查明合格人員，造具互選人名冊，先期呈由互選監督宣示公眾。 如本人認為錯誤遺漏，得於宣示期內，呈請互選監督更正補入。 經批駁者，不得瀆請。 互選選舉人及被選舉人，均以列名互選人名冊者為限。 屆期互選監督應親蒞投票所，或派員監察之。 互選人應親赴投票所自行投票，用記名單記法。 互選人有因職務或因疾病、事故不能親赴投票者，得就互選人內委託一人代行投票，應由本人親書密封署名畫押，連同委託憑證，送致受託人。 該受託人應將密封及委託憑證臨時向互選監督呈驗，方許代投。 以得票較多數者為當選。 互選當選人額數，各以議員定額之十倍為準。 互選告竣，互選監督即日將當選人名榜示投票所。 不原應選者，得於三日內呈明互選監督撤銷，將得票次多數者補入。 互選管理員造具當選人名冊，連同票紙，呈由互選監督咨送資政院，由院將當選人名及得票數目，於選舉年分三月以前，奏請按額欽選。 有缺額時，資政院隨時將本屆當選人開單奏請欽選補足之。 本屆當選人數不足議員缺額之三倍時，應舉行臨時互選，一切照尋常互選辦理。
Imperial clansmen and gioro kinsmen aged thirty or above were eligible unless: first, they had been confined or banished; second, they had lost financial credit and faced verified but unsettled charges; third, they used opium; fourth, they suffered mental illness; fifth, they were illiterate. Those holding third-rank posts or above, judicial, prosecutorial, or police offices, or active military service were exempt. Quotas fixed four imperial clansmen and two gioro kinsmen, chosen first by mutual election among eligibles. Elections were held on the first day of the second month in the capital and in Fengtian. In the capital the Imperial Clan Court supervised; in Fengtian, the governor-general of the Northeast. Before each mutual election the assembly notified supervisors in the ninth month of the prior year to proceed according to regulations. Mutual-election administrators were appointed to verify electors and manage balloting, counting, and inspection. Administrators verified eligibles, compiled voter rolls, and submitted them in advance to supervisors for public announcement. Anyone who believed the roll contained errors or omissions might petition the supervisor during the announcement period for correction. Rejected petitions could not be repeated. Only persons on the mutual-elector roll could vote or be voted for. On election day supervisors were to attend the polls in person or send observers. Electors were to vote in person at the polls by signed ballot. Electors unable to attend because of duty, illness, or other cause might entrust another elector to vote for them, providing a sealed, signed ballot and written authorization. The trustee had to present the sealed ballot and authorization to the supervisor on the spot before casting a proxy vote. The candidate with the most votes was elected. The number elected at mutual election was ten times the seat quota in each category. When voting ended, supervisors posted the winners' names at the polls the same day. Anyone unwilling to serve might decline within three days, whereupon the runner-up would take the place. Administrators compiled registers of winners with the ballots and forwarded them through supervisors to the assembly, which by the third month would memorialize for imperial appointment by quota, listing names and vote counts. Vacancies were filled from that term's elected list by memorializing for imperial appointment. If winners numbered fewer than three times the vacancies, a special mutual election was held under the ordinary rules.
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各部、院官，以下列各官為限：一，內閣侍讀學士以下，中書以上； 二，翰林院侍讀學士以下，庶吉士以上； 三，各部左、右參議以下，七品小京官以上； 四，掌印給事中、給事中及監察御史。 各官以年滿三十歲以上，具下列資格之一，得選充資政院議員：一，現任實缺者； 二，曾任實缺未休致、革職者； 三，奉特旨署理或奏署者； 四，奉特旨候補、補用、選用或學習行走者； 五，其餘候補滿三年以上者。 由合格人先行互選，於選舉年分二月初一日在京師行之，以都察院堂官為監督。 互選當選人額數，以議員定額之五倍為率，各部、院官選充資政院議員者，於院內職權，本衙門長官不得干涉。 其因升轉降調致失原定資格者，即同時失資政院議員之資格。 所有舉行互選、奏請欽選、補足缺額各辦法，與宗室、覺羅選舉同。
Ministry and board officials were limited to: first, from Reader of the Grand Secretariat through Grand Secretary and above; second, from Hanlin Reader through Hanlin Bachelor and above; third, from ministry counsellors through seventh-rank capital officials and above; fourth, sealing censors, censors, and investigating censors. Officials aged thirty or above with one of the following qualifications were eligible: first, holding a substantive post; second, formerly held a substantive post and had neither retired nor been dismissed; third, acting by special edict or memorialized appointment; fourth, awaiting appointment, supplementary use, selection, or probation by special edict; fifth, all others who had awaited appointment for three years or more. Eligibles held mutual election in the capital on the first day of the second month, supervised by a Censorate director. Winners numbered five times the seat quota; ministry officials elected to the assembly were not subject to interference by their department heads in assembly affairs. Anyone who lost eligibility through promotion, transfer, or demotion simultaneously lost membership qualification. All procedures for mutual election, imperial appointment, and filling vacancies followed the same rules as for clansmen.
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碩學通儒資格凡四：一，不由考試、特旨賞授清秩者； 二，著書有裨政治或學術者； 三，有入通儒院之資格者； 四，充高等及專門學堂主要科目教習五年以上著有成績者。 凡年滿三十歲以上，具前列資格之一，均得選充資政院議員。 每屆選舉，資政院於前一年九月行知學部，由部通行京堂以上官、翰林、給事中、御史、各省督、撫、提學使、出使各國大臣，各蒐訪一人或二人，開具事實，保送學部審查。 擇定合格得保多者三十人，作為碩學通儒議員之被選人。 於選舉年分二月以前，咨送資政院。 由院將被選人姓名及原保人姓名官職開單，於三月以前，奏請按額欽選。 有缺額時，資政院隨時將本屆被選人照章奏請欽選補足之。 本屆被選人數不足議員缺額之三倍時，應另行保送。
Eminent scholars qualified in four ways: first, those granted Qing official rank by special edict without examination; second, those whose writings advanced politics or scholarship; third, those qualified for the Academy of Eminent Confucians; fourth, those who had taught major subjects at higher or specialized schools for five years or more with distinguished results. Anyone aged thirty or above meeting one of these qualifications was eligible for election. Before each election the assembly notified the Ministry of Education in the ninth month of the prior year; the ministry then asked capital officials, Hanlin scholars, censors, governors, education commissioners, and ministers abroad each to nominate one or two candidates with supporting facts for ministry review. The ministry selected thirty qualified candidates with the most recommendations as nominees for eminent-scholar seats. They were forwarded to the assembly before the second month of the election year. The assembly listed nominees and recommenders and memorialized for imperial appointment by quota before the third month. Vacancies were filled from that term's nominees by memorializing according to regulations. If nominees numbered fewer than three times the vacancies, fresh recommendations were required.
15
納稅多額人，以下列資格為限：一，男子照地方自治章程有選民權者； 二，年納正稅或地方公益捐，在所居省分佔額較多者。 凡具此資格，年滿三十歲以上，得選充資政院議員。 由合格人先行互選，於選舉年分二月初一日在各省城行之，以布政使或民政使為監督。 每屆互選，資政院於前一年九月行知各省督、撫，照章舉行。 互選監督會同商務總會總理、協理，遴派互選管理員。 互選辦法與普通互選同。 互選人額數。 每省以二十人為限。 投票用記名連記法，以得票過互選人數三分之一者為當選。 互選當選人額數，以互選人額數十分之一為率。 如當選人不足定額，就得票較多者，令互選人再行投票，以足額為止。 其得票及格、額滿見遺者，作為候補當選人。 當選人不原應選，得呈明互選監督撤銷，以候補當選人依次遞補。 互選管理員造具當選人及候補當選人名冊，連同票紙，呈由互選督申送本省督、撫，各督、撫將當選人姓名及得票數目咨送資政院，由院開單，於三月以前，奏請按額欽選。 有缺額時，資政院隨時將本屆當選人開單奏請欽選補足之。 本屆當選人不足議員缺額之三倍時，以候補當選人遞補。 候補當選人數不敷時，舉行臨時互選。
Large taxpayers qualified as follows: first, men with suffrage under local self-government regulations; second, those who paid comparatively large annual regular taxes or local public contributions in their province of residence. Anyone meeting these qualifications and aged thirty or above was eligible for election. Eligibles held mutual election on the first day of the second month in each provincial capital, supervised by the provincial treasurer or civil affairs commissioner. Before each mutual election the assembly notified provincial governors in the ninth month of the prior year to proceed according to regulations. Supervisors, together with chamber of commerce directors, appointed mutual-election administrators. Mutual election followed the ordinary procedures. The number of mutual electors: was limited to twenty per province. Voting used signed cumulative ballots; a candidate needed more than one-third of the electors' votes to win. Winners numbered one-tenth of the mutual electors. If winners fell short of quota, electors revoted among leading candidates until seats were filled. Qualified candidates passed over when quotas were full became alternates. Winners who declined could petition supervisors; alternates filled seats in order. Administrators compiled registers of winners and alternates with ballots and submitted them through supervisors to provincial governors, who forwarded names and vote counts to the assembly for imperial appointment by quota before the third month. Vacancies were filled from that term's winners by memorializing for imperial appointment. If winners numbered less than three times the vacant seats, alternates filled them in order. If alternates ran short, a special mutual election was held.
16
各省諮議局互選諮政院議員，按定額分配：奉天三人，吉林二人，黑龍江二人，順直九人，江蘇七人，安徽五人，江西六人，浙江七人，福建四人，湖北五人，湖南五人，山東六人，河南五人，山西五人，陝西四人，甘肅三人，新疆二人，四川六人，廣東五人，廣西三人，雲南四人，貴州二人。 互選於選舉年分前一年十月十一日，在各省諮議局行之。 以督、撫為監督。 每屆互選，資政院於前一年九月行知各互選監督，照章舉行。 屆期互選監督親蒞監察之。 投票、開票、檢票等事，由諮議局辦事處管理。 適用普通互選規則，互選選舉人及被選舉人均以該省諮議局議員為限。 投票用記名連記法，以得票過互選人半數者為當選。 互選當選人額數，以各該省議員額數之二倍為率。 如當選人不足定額，就得票較多者，令互選人再行投票，以足額為止。 其投票及格、額滿見遺者，作為候補當選人。 諮議局辦事處造具當選人及候補當選人名冊，連同票紙，呈送互選監督，覆加選定，為資政院議員。 不原應選者，得呈明互選監督辭退，依次將本屆當選人及候補當選人覆加選定補充。 不敷選充者，舉行臨時互選。 選定後，由互選監督造具名冊，連同當選人及候補當選人原冊，咨送資政院。 凡選充資政院議員者，不得兼充本省諮議局議員，有缺額時，由院行知該省督、撫，覆加選定補充，或舉行臨時互選。 此資政院議員欽選、互選辦法之概要也。
Provincial consultative assemblies mutual-elected assembly members by fixed quota: Fengtian 3, Jilin 2, Heilongjiang 2, Zhili 9, Jiangsu 7, Anhui 5, Jiangxi 6, Zhejiang 7, Fujian 4, Hubei 5, Hunan 5, Shandong 6, Henan 5, Shanxi 5, Shaanxi 4, Gansu 3, Xinjiang 2, Sichuan 6, Guangdong 5, Guangxi 3, Yunnan 4, Guizhou 2. Mutual elections were held in provincial consultative assemblies on the tenth month's eleventh day, one year before the election year. Provincial governors supervised. Before each term, the assembly notified supervisors in the ninth month of the prior year to proceed by rule. On election day, supervisors attended in person. The consultative assembly office managed voting, counting, and ballot inspection. Ordinary mutual-election rules applied; only that province's consultative assembly members could vote or stand. Voting used signed cumulative ballots; candidates needed a majority of electors' votes to win. Winners numbered twice each province's member quota. If winners fell short of quota, electors revoted among leading candidates until seats were filled. Qualified candidates passed over when quotas were full became alternates. The assembly office compiled registers of winners and alternates with ballots and submitted them to the supervisor for final appointment as Imperial Consultative Assembly members. Declining candidates could petition supervisors; that term's winners and alternates were then selected in order to fill gaps. If seats still could not be filled, a special mutual election was held. After selection, supervisors compiled registers with the original winner and alternate lists and forwarded them to the assembly. Assembly members could not hold seats in their home province's consultative assembly; vacancies were filled by notification to governors for final selection or by special mutual election. Such was the outline of imperial selection and mutual election for assembly members.
17
各省諮議局議員選舉章程之規定，議員之選任，用複選舉法。 複選之別於單選者，單選逕由選舉人投票選出議員，複選則先由選舉人選出若干選舉議員人，更令選舉議員人投票選出議員是也。 諮議局議員定額，因各省戶口尚無確實統計，參酌各省取進學額及漕糧多寡以定準則。 奉天五十名，吉林三十名，黑龍江三十名，順直百四十名，江寧五十五名，江蘇六十六名，安徽八十三名，江西九十七名，浙江百十四名，福建七十二名，湖北八十名，湖南八十二名，山東百名，河南九十六名，山西八十六名，陝西六十三名，甘肅四十三名，新疆三十名，四川百零五名，廣東九十一名，廣西五十七名，雲南六十八名，貴州三十九名。 京旗及各省駐防，以所住地方為本籍。 但旗制未改以前，京旗得於順直議員定額外，暫設專額十名； 各省駐防得於該省議員定額外，每省暫設專額一名至三名。 選舉權之規定，用限制選舉法。 凡屬本省籍貫之男子，年滿二十五歲以上，具下列資格之一者，有選舉諮議局議員之權：一，在本省地方辦理學務及公益事務滿三年以上著有成績者； 二，在本國或外國中學堂及與中學同等或中學以上之學堂畢業者； 三，有舉、貢、生員以上之出身者； 四，曾任實缺職官文七品、武五品以上未被參革者； 五，在本省地方有五千元以上之營業資本或不動產者。 凡非本籍之男子，年滿二十五歲，寄居本省滿十年以上，有萬元以上之營業資本或不動產者，亦得有選舉權。 被選舉權之規定及其限制：凡屬本省籍貫或寄居本省滿十年以上之男子，年滿三十歲以上者，得被選舉為諮議局議員。 凡有下列情事之一者，不得有選舉權及被選舉權。 一，品行悖謬、營私武斷者； 二，曾處監禁以上之刑者； 三，營業不正者； 四，失財產上信用被人控實未清結者； 五，吸食鴉片者； 六，有心疾者； 七，身家不清白者； 八，不識文義者。 其有所處地位不適於選舉議員及被選舉為議員者：一，本省官吏或幕友； 二，軍人； 三，巡警官、吏； 四，僧、道及宗教師； 五，學堂肄業生：均停其選舉權及被選舉權。 其現充小學教員者，停其被選舉權。 諮議局設議長一，副議長二，用單記投票法，分次互選。 設常駐議員，以議員額數十分之二為額，用連記投票法，一次互選。 凡議員三年一改選，議長、副議長任期同。 常駐議員任期限一年。 議長因事出缺，以副議長遞補。 副議長出缺，由議員互選充補。 議員出缺，以複選候補當選人依次遞補。 議員改選，再被選者得連任，以一次為限。 議員非因下列事由，不得辭職：一，確有疾病，不能擔任職務者； 二，確有職業，不能常駐本省境內者； 三，其餘事由，經諮議局允許者。
Provincial consultative assembly election regulations prescribed indirect election for members. Indirect election differed from direct election: direct voting chose members outright; indirect voting first chose elector-deputies, who then chose members. With no reliable provincial population figures, member quotas were set by reference to provincial examination quotas and grain tribute. Quotas were: Fengtian 50, Jilin 30, Heilongjiang 30, Zhili 140, Jiangning 55, Jiangsu 66, Anhui 83, Jiangxi 97, Zhejiang 114, Fujian 72, Hubei 80, Hunan 82, Shandong 100, Henan 96, Shanxi 86, Shaanxi 63, Gansu 43, Xinjiang 30, Sichuan 105, Guangdong 91, Guangxi 57, Yunnan 68, Guizhou 39. Metropolitan Banner personnel and provincial garrisons registered residence where they lived as native place. Before Banner reform, Metropolitan Banner personnel received ten temporary dedicated seats beyond Zhili's quota; each provincial garrison received one to three temporary dedicated seats beyond its province's quota. Voting rights followed restricted suffrage. Native men aged twenty-five or older with any of these qualifications could vote for consultative assembly members: (1) three or more years' distinguished work in provincial education or public welfare; (2) graduation from a middle school or equivalent, at home or abroad; (3) juren, gongsheng, shengyuan, or higher degrees; (4) substantive civil rank 7+ or military rank 5+ without impeachment and dismissal; (5) five thousand yuan or more in business capital or real property in the province. Non-natives aged twenty-five or older who had lived in the province ten years with ten thousand yuan or more in capital or property could also vote. To stand for election: natives or ten-year residents aged thirty or older. The following forfeit both voting and candidacy rights. (1) depraved character or arbitrary pursuit of private gain; (2) prior imprisonment or heavier sentence; (3) improper business; (4) substantiated but unsettled charges of financial dishonesty; (5) opium use; (6) mental illness; (7) questionable personal or family background; (8) illiteracy. Those whose status barred them from voting or standing: (1) provincial officials or staff; (2) military personnel; (3) police officers and clerks; (4) Buddhist, Daoist, and other clergy; (5) enrolled students—all voting and candidacy rights suspended. Primary-school teachers could vote but not stand. One Speaker and two Deputy Speakers were chosen by single-ballot mutual election in stages. Standing members numbered one-fifth of the quota, chosen by cumulative ballot in one mutual election. Members served three-year terms; Speaker and deputies served likewise. Standing members served one year. Speaker vacancies were filled by deputies in order. Deputy vacancies were filled by mutual election among members. Member vacancies were filled by indirect-election alternates in order. Re-elected members could serve one consecutive term only. Members could resign only for: (1) confirmed illness preventing service; (2) occupation preventing permanent residence in the province; (3) other reasons permitted by the assembly.
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凡選舉區域，初選舉以庁、州、縣為選舉區，複選舉以府、直隸庁、州為選舉區。 直隸庁、州及府之本管地方，均作為初選區。 直隸庁無屬縣者，以附近之府為複選區。 初選區，庁以同知、通判，州、縣以知州、知縣為初選監督。 複選區，府以知府，直隸庁、州以同知、通判、知州為複選監督。 府、直隸庁、州作為初選區者，得遴派教佐員為初選監督。 初選、複選均設投票、開票、管理員、監察員若干名。 管理員不拘官紳，監察員以本地紳士為限。 初選區選舉人名冊及當選人姓名票數，由初選監督申報複監督； 複選當選人姓名票數，由複選監督申報督、撫，分別咨報資政院、民政部立案。
Primary elections used districts, subprefectures, and counties; indirect elections used prefectures, directly administered departments, and subprefectures. Directly administered departments, subprefectures, and prefectural seats served as primary districts. Departments without subordinate counties used a nearby prefecture as the indirect district. Primary supervisors were subprefects and intendants in subprefectures, district and county magistrates in districts and counties. Indirect supervisors were prefects in prefectures, subprefects, intendants, and subprefect magistrates in departments and subprefectures. When prefectures, departments, or subprefectures doubled as primary districts, educational assistants could serve as primary supervisors. Primary and indirect elections each appointed voting, counting, administrative, and inspection staff. Administrators could be officials or gentry; inspectors had to be local gentry. Primary supervisors reported elector registers and winner names and vote counts to indirect supervisors; indirect supervisors reported winners to governors, who filed separately with the assembly and the Ministry of Civil Affairs.
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選舉年限，三年一次，以正月十五日為初選日期，三月十五日為複選日期。 凡初選舉，初選監督按地方廣狹、人口多寡、分劃本管區域為若干投票區，分設選舉調查員，按照選舉資格，詳細調查，將合格選舉人造具名冊，於選舉期六個月以前，呈由複選監督申報督、撫，並宣示公眾。 如本人認為錯誤遺漏，得於宣示期內呈請初選監督更正。 初選當選人額數，按照議員定額加多十倍。 各初選區應出當選人若干名，由複選監督分配。 投票用無名單記法，其有寫不依式者，夾寫他事者，字跡模糊者，不用頒發票紙者，選出之人不合被選資格者，作為廢票。 以本區應出當選人額數除選舉人總數，所得半數，為當選票額。 得票不滿當選票額以上者，不得為初選當選人。 複選由初選當選人齊集複選監督所在地行之。 複選當選人，即為諮議局議員。 各複選區應得議員若干名，由督、撫按全省議員定額分配，投票當選，一切與初選同。
Elections were triennial: primary voting on the first month's fifteenth day, indirect voting on the third month's fifteenth day. Primary supervisors divided their jurisdictions into voting districts by size and population, appointed investigators, compiled qualified elector registers six months before election day, submitted them through indirect supervisors to governors, and published them. During the notice period, voters could petition primary supervisors to correct errors or omissions. Primary winners numbered ten times the member quota. Indirect supervisors allocated winner quotas among primary districts. Voting used unsigned single ballots; invalid ballots included nonstandard forms, extraneous writing, illegible hand, unstamped paper, or ineligible candidates. The winning threshold was half the quotient of district quota divided by total electors. Candidates below the threshold could not win primary election. Primary winners assembled at the indirect supervisor's seat for indirect election. Indirect-election winners became consultative assembly members. Governors allocated member quotas among indirect districts province-wide; voting followed primary-election rules.
20
關於選舉之變更，如選舉人名冊有舞弊、作偽情事，或辦理不遵定章，被控判定確實者，初選、複選均無效。 當選議員有辭任、或疾病不能應選，或身故，或被選資格不符，當選票數不實，被控判定確實者，其當選無效，各以候補當選人遞補。 如選舉人確認辦理人員不遵定章，有舞弊、作偽證據，或當選人被選資格不符，當選票數不實，及落選人確信得票可當選而不與選，候補當選人名次錯誤、遺漏者，均得向該管衙門呈控。 限自選舉日起三十日，凡選舉訴訟，初選向府、直隸庁、州衙門，複選向按察使衙門呈控。 各省已設審判庁者，分別向地方高等審判庁呈控。 不服判定者，初選得向按察使衙門，複選得向大理院上控。 限判定日起三個月。 已設審判庁者，照審判庁上控章程辦理。 選舉人及辦理選舉人、選舉關係人，有違法行為，分別輕重，處以監禁、罰金有差； 二年以上、十年以下，不得為選舉人及被選舉人。
If fraud, forgery, or procedural violations in elector registers were substantiated on petition, both primary and indirect elections were void. Substantiated petitions voided elections for resignation, illness, death, ineligibility, or false vote counts; alternates filled seats in order. Electors could petition competent authorities for procedural violations, fraud, ineligible winners, false counts, wrongly excluded winners, or errors in alternate ranking. Election petitions had to be filed within thirty days: primary cases to prefectural, department, or subprefectural offices; indirect cases to the provincial surveillance commissioner. Where courts existed, petitions went to local high courts instead. Appeals from primary judgments went to the surveillance commissioner; appeals from indirect judgments went to the Board of Punishments. Appeals had to be filed within three months of judgment. Where courts existed, appeals followed court procedures. Electors, officials, and others involved in elections faced imprisonment or fines according to severity; and lost voting and candidacy rights for two to ten years.
21
專額議員選舉人及被選舉人，以京旗及駐防人員為限，選舉及被選舉資格，與諮議局普通議員資格同。 各省駐防專額議員之數，視該省駐防取進學額全數在十名以內者設議員一名，二十名以內設二名，二十名以外設三名。 初選當選人額數，以議員定額十倍之數為準。 複選當選人額數，以議員定額為準。 調查選舉人名冊，由督、撫會同將軍、都統，於京旗及駐防人員內，各酌派選舉調查員。 當選、改選、補選及訴訟、罰則各事，均照諮議局選舉章程辦理。 此各省諮議局議員初選、複選辦法之概略也。
Dedicated-quota electors and candidates were limited to Metropolitan Banner and garrison personnel, with the same qualifications as ordinary members. Garrison dedicated seats numbered one where the garrison's examination quota was ten or fewer, two where twenty or fewer, and three beyond twenty. Primary-election winners numbered ten times the member quota. Indirect-election winners equaled the member quota. Governors, together with generals and commandants, appointed election investigators among Metropolitan Banner and garrison personnel to compile elector registers. Elections, re-elections, by-elections, appeals, and penalties all followed the consultative assembly election regulations. Such was the outline of primary and indirect election for provincial consultative assembly members.
22
各省諮議局選舉，宣統元年各督、撫次第奏報舉行。 於九月初一日，召集開會，舉行互選資政、諮議員。 二年四月，資政院奏請欽選各項議員，奉敕選定。 以八月二十日為召集期，九月初一日，資政院舉行第一次開院禮。 監國攝政王代行蒞選，頒諭嘉勉議員。 三年九月，遵章第二次召集開會。
In 1909 governors reported provincial consultative assembly elections held in turn. On the first day of the ninth month they convened and held mutual elections for assembly and consultative members. In the fourth month of 1910 the assembly memorialized for imperial appointment of members in each category; the throne appointed them by edict. Convocation was set for the twentieth day of the eighth month; on the first day of the ninth month the assembly held its inaugural opening ceremony. The Prince Regent attended on the sovereign's behalf and issued instructions commending the members. In the ninth month of 1911 a second session was convened according to regulations.
23
資政院、諮議局議員選舉外，尚有地方自治團體之選舉。 地方自治為立憲基礎，列於籌備事宜清單。 光緒三十四年、宣統元年，憲政編查館先後核議，民政部奏城、鎮、鄉、府、庁、州、縣及京師地方自治暨選舉各章程，各省次第籌辦。 其選舉辦法，與諮議局議員選舉略有出入。 以繁瑣，不備載。
Beyond elections for the Imperial Consultative Assembly and provincial consultative assemblies, local self-government bodies also held elections. Local self-government formed the foundation of constitutional rule and appeared on the preparatory agenda. In 1908 and 1909 the Constitutional Compilation Bureau reviewed successive drafts; the Ministry of Civil Affairs memorialized self-government and election regulations for cities, towns, villages, prefectures, departments, counties, and the capital, and provinces prepared them in turn. Their election procedures differed slightly from those for consultative assembly members. Because of their complexity, they are not set forth here in detail.