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PREFACE
PREFACE
This volume tells everything that the student or the casual reader needs to know about the Chinese Question. It is sufficiently exhaustive to show very clearly the new forces at work, and to bring some realisation of the great gulf which separates the thinking classes of to-day from the men of a few years ago; whilst, at the same time, it is sufficiently condensed not to overwhelm the reader with too great a multitude of facts. Particular attention may be devoted to an unique feature—namely, the
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I. GENERAL INTRODUCTION
I. GENERAL INTRODUCTION
III. THE DREAM REPUBLIC (From the Manchu Abdication to the dissolution of Parliament) IV. THE DICTATOR AT WORK (From the Coup d'etat of the 4th. Nov. 1913 to the outbreak of the World-war, 1. August, 1914) VIII. THE MONARCHIST PLOT 1 DEGREE The Pamphlet of Yang Tu IX. THE MONARCHY PLOT 2 DEGREES Dr. Goodnow's Memorandum X. THE MONARCHY MOVEMENT Is OPPOSED The Appeal of the Scholar Liang Chi-chao XI. THE DREAM EMPIRE ("The People's Voice" and the action of the Powers) XII. "THE THIRD REVOLUTION"
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THE FIGHT FOR THE REPUBLIC IN CHINA CHAPTER I
THE FIGHT FOR THE REPUBLIC IN CHINA CHAPTER I
The revolution which broke out in China on the 10th October, 1911, and which was completed with the abdication of the Manchu Dynasty on the 12th February, 1912, though acclaimed as highly successful, was in its practical aspects something very different. With the proclamation of the Republic, the fiction of autocratic rule had truly enough vanished; yet the tradition survived and with it sufficient of the essential machinery of Imperialism to defeat the nominal victors until the death of Yuan Sh
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CHAPTER II
CHAPTER II
Yuan Shih-kai's career falls into two clear-cut parts, almost as if it had been specially arranged for the biographer; there is the probationary period in Korea, and the executive in North China. The first is important only because of the moulding-power which early influences exerted on the man's character; but it is interesting in another way since it affords glimpses of the sort of things which affected this leader's imagination throughout his life and finally brought him to irretrievable ruin
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CHAPTER III
CHAPTER III
To describe briefly and intelligibly the series of transactions from the 1st January, 1912, when the Republic was proclaimed at Nanking by a handful of provincial delegates, and Dr. Sun Yat Sen elected Provisional President, to the coup d'etat of 4th November, 1913, when Yuan Shih-kai, elected full President a few weeks previously, after having acted as Chief Executive for twenty months, boldly broke up Parliament and made himself de facto Dictator of China, is a matter of extraordinary difficul
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CHAPTER IV
CHAPTER IV
With the Parliament of China effectively destroyed, and the turbulent Yangtsze Valley dragooned into sullen submission, Yuan Shih-kai's task had become so vastly simplified that he held the moment to have arrived when he could openly turn his hand to the problem of making himself absolutely supreme, de jure as well as de facto. But there was one remaining thing to be done. To drive the last nail into the coffin of the Republic it was necessary to discredit and virtually imprison the man who was
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CHAPTER V
CHAPTER V
The thunderclap of the European war shattered the uneasy calm in China, not because the Chinese knew anything of the mighty issues which were to be fought out with such desperation and valour, but because the presence of the German colony of Kiaochow on Chinese soil and the activity of German cruisers in the Yellow Sea brought the war to China's very doors. Vaguely conscious that this might spell disaster to his own ambitious plans, Yuan Shih-kai was actually in the midst of tentative negotiatio
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CHAPTER VI
CHAPTER VI
Although the press of the world gave a certain prominence at the time to the astounding demarche with which we now have to deal, there was such persistent mystery about the matter and so many official dementis accompanied every publication of the facts that even to this day the nature of the assault which Japan delivered on China is not adequately realized, nor is the narrow escape assigned its proper place in estimates of the future. Briefly, had there not been publication of the facts and had
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CHAPTER VII
CHAPTER VII
The key to this remarkable business was supplied by a cover sent anonymously to the writer during the course of these negotiations with no indication as to its origin. The documents which this envelope contained are so interesting that they merit attention at the hands of all students of history, explaining as they do the psychology of the Demands as well as throwing much light on the manner in which the world-war has been viewed in Japan. The first document is purely introductory, but is none t
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CHAPTER VIII
CHAPTER VIII
A shiver of impotent rage passed over the country when the nature and acceptance of the Japanese Ultimatum became generally known. The Chinese, always an emotional people responding with quasi- feminine volubility to oppressive acts, cried aloud at the ignominy of the diplomacy which had so cruelly crucified them. One and all declared that the day of shame which had been so harshly imposed upon them would never be forgotten and that Japan would indeed pay bitterly for her policy of extortion. Tw
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CHAPTER IX
CHAPTER IX
Although this extraordinary pamphlet was soon accepted by Chinese society as a semi-official warning of what was coming, it alone was not sufficient to launch a movement which to be successful required the benign endorsement of foreign opinion. The Chinese pamphleteer had dealt with the emotional side of the case: it was necessary to reinforce his arguments with an appeal which would be understood by Western statesmen as well as by Eastern politicians. Yuan Shih-kai, still pretending to stand as
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CHAPTER X
CHAPTER X
We have already referred in several places to the extraordinary role scholarship and the literary appeal play in the governance of China. It is necessary to go back to the times of the birth of the Roman Empire, and to invoke the great figure of Cicero, to understand how greatly the voice of men of recognized intellectual qualities influences the nation. Liang Ch'i-chao, a man of some forty-five years, had long been distinguished for his literary attainments and for the skill with which, though
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CHAPTER XI
CHAPTER XI
The effect of Liang Ch'i-chao's appeal was noticeable at once: there were ominous mutterings among all the great class of "intellectuals" who form such a remarkable element throughout the country. Nevertheless there were no overt acts attempted against the authority of Peking. Although literary and liberal China was now thoroughly convinced that the usurpation which Yuan Shih-kai proposed to practise would be a national disgrace and lead to far- reaching complications, this force were too scatte
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CHAPTER XII
CHAPTER XII
In all the circumstances it was only natural that the extraordinary chapter of history we have just narrated should have marched to its appointed end in just as extraordinary a manner as it had commenced. Yuan Shih-kai, the uncrowned king, actually enjoyed in peace his empty title only for a bare fortnight, the curious air of unreality becoming more and more noticeable after the first burst of excitement occasioned by his acceptance of the Throne had subsided. Though the year 1915 ended with Pek
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CHAPTER XIII
CHAPTER XIII
"THE THIRD REVOLUTION" (Continued) As had been the case during the previous revolts, it was not publicly or on the battlefield that the most crucial work was performed: the decisive elements in this new and conclusive struggle were marshalled behind the scenes and performed their task unseen. Though the mandarinate, at the head of which stood Yuan Shih-kai, left no stone unturned to save itself from its impending fate, all was in vain. Slowly but inexorably it was shown that a final reckoning ha
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CHAPTER XIV
CHAPTER XIV
Within an hour of the death of Yuan Shih-kai, the veteran General Tuan Chi-jui, in his capacity of Secretary of State, had called on Vice-President Li Yuan-hung—the man whom years before he had been sent to the Yangtsze to bring captive to Peking—and welcomed him as President of the Republic. At one o'clock on the same day the Ministers of the Allied Powers who had hastily assembled at the Waichiaopu (Foreign Office), were informed that General Li Yuan-hung had duly assumed office and that the p
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CHAPTER XV
CHAPTER XV
Such, then, were the internal conditions which the new administration was called upon to face with the death of Yuan Shih-kai. With very little money in the National Treasury and with the provinces unable or unwilling to remit to the capital a single dollar, it was fortunate that at least one public service, erected under foreign pressure, should be brilliantly justifying its existence. The Salt Administration, efficiently reorganized in the space of three years by the great Indian authority, Si
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CHAPTER XVI
CHAPTER XVI
The question of Chinese sentiments on the subject of the war, as well as the precise relations between the Chinese Government and the two groups of belligerents, are matters which have been totally misunderstood. To those who have grasped the significance of the exhaustive preceding account of the Republic in travail, this statement should not cause surprise; for China has been in no condition to play anything but an insignificant and unsatisfactory role in world-politics. When the world-war bro
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CHAPTER XVII
CHAPTER XVII
The careful narrative we have made—supported as it is by documents—of the history of China since the inception of the Republic six years ago should not fail to awaken profound astonishment among those who are interested in the spread of good government throughout the world. Even casual readers will have no difficulty in realizing how many lives have been lost and how greatly the country has been crippled both owing to the blind foreign support given to Yuan Shih-kai during four long and weary ye
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THE PROVISIONAL CONSTITUTION OF THE REPUBLIC OF CHINA
THE PROVISIONAL CONSTITUTION OF THE REPUBLIC OF CHINA
Passed at Nanking in 1912, currently referred to as the old Constitution...
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CHAPTER I.—GENERAL PROVISIONS
CHAPTER I.—GENERAL PROVISIONS
Article 1. The Republic of China is composed of the Chinese people. Art. 2. The sovereignty of the Chinese Republic is vested in the people. Art. 3. The territory of the Chinese Republic consists of the 18 provinces, Inner and Outer Mongolia, Tibet and Ching-hai. Art. 4. The sovereignty of the Chinese Republic is exercised by the National Council, the Provisional President, the Cabinet and the Judiciary....
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CHAPTER II.—CITIZENS
CHAPTER II.—CITIZENS
Art. 5. Citizens of the Chinese Republic are all equal, and there shall be no racial class or religious distinctions. Art. 6. Citizens shall enjoy the following rights:— (a) The person of the citizens shall not be arrested, imprisoned, tried or punished except in accordance with law. (b) The habitations of citizens shall not be entered or searched except in accordance with law. (c) Citizens shall enjoy the right of the security of their property and the freedom of trade. (d) Citizens shall have
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CHAPTER III.—THE NATIONAL COUNCIL
CHAPTER III.—THE NATIONAL COUNCIL
Art. 16. The legislative power of the Chinese Republic is exercised by the National Council. Art. 17. The Council shall be composed of members elected by the several districts as provided in Article 18. Art. 18. The Provinces, Inner and Outer Mongolia, and Tibet shall each elect and depute five members to the Council, and Chinghai shall elect one member. The election districts and methods of elections shall be decided by the localities concerned. During the meeting of the Council each member sha
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CHAPTER IV.—THE PROVISIONAL PRESIDENT AND VICE-PRESIDENT
CHAPTER IV.—THE PROVISIONAL PRESIDENT AND VICE-PRESIDENT
Art. 29. The Provisional President and Vice-President shall be elected by the National Council, and he who receives two-thirds of the total number of votes cast by a sitting of the Council consisting of over three-fourths of the total number of members shall be elected. Art. 30. The Provisional President represents the Provisional Government as the fountain of all executive powers and for promulgating all laws. Art. 31. The Provisional President may issue or cause to be issued orders for the exe
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CHAPTER V.—MEMBERS OF THE CABINET
CHAPTER V.—MEMBERS OF THE CABINET
Art. 43. The Premier and the Chiefs of the Government Departments shall be called Members of the Cabinet (literally, Secretaries of State Affairs). Art. 44. Members of the Cabinet shall assist the Provisional President in assuming responsibilities. Art. 45. Members of the Cabinet shall countersign all Bills introduced by the Provisional President, and all laws and orders issued by him. Art. 46. Members of the Cabinet and their deputies may be present and speak in the National Council. Art. 47. U
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CHAPTER VI.—THE JUDICIARY
CHAPTER VI.—THE JUDICIARY
Art. 48. The Judiciary shall be composed of those judges appointed by the Provisional President and the Minister of Justice. The organization of the Courts and the qualifications of judges shall be determined by law. Art. 49. The Judiciary shall try civil and criminal cases, but cases involving administrative affairs or arising from other particular causes shall be dealt with according to special laws. Art. 50. The trial of cases in the law Courts shall be conducted publicly, but those affecting
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CHAPTER VII.—SUPPLEMENTARY ARTICLES
CHAPTER VII.—SUPPLEMENTARY ARTICLES
Art. 53. Within ten months after the promulgation of this Provisional Constitution the Provisional President shall convene a National Assembly, the organization of which and the laws for the election of whose members shall be decided by the National Council. Art. 54. The Constitution of the Republic of China shall be adopted by the National Assembly, but before the promulgation of the Constitution, the Provisional Constitution shall be as effective as the Constitution itself. Art. 55. The Provis
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APPENDIX
APPENDIX
Before the completion of the Formal Constitution, with regard to the duties and privileges of the President the Provisional Constitution regarding the same shall temporarily be followed. Drafted by Dr. Frank Johnson Goodnow, Legal Adviser to Yuan Shih- kai, and promulgated on May 1, 1914...
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CHAPTER I.—THE NATION
CHAPTER I.—THE NATION
Article 1. The Chung Hua Min Kuo is organized by the people of Chung Hua. Art. 2. The sovereignty of Chung Hua Min Kuo originates from the whole body of the citizens. Art. 3. The territory of the Chung Hua Min Kuo is the same as that possessed by the former Empire....
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CHAPTER II.—THE PEOPLE
CHAPTER II.—THE PEOPLE
Art. 4. The people of the Chung Hua Min Kuo are all equal in law, irrespective of race, caste, or religion. Art. 5. The people are entitled to the following rights of liberty:— (1) No person shall be arrested, imprisoned, tried, or punished except in accordance with law. (2) The habitation of any person shall not be entered or searched except in accordance with law. (3) The people have the right of possession and protection of property and the freedom of trade within the bounds of law. (4) The p
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CHAPTER III.—THE PRESIDENT
CHAPTER III.—THE PRESIDENT
Art. 14. The President is the Head of the nation, and controls the power of the entire administration. Art. 15. The President represents the Chung Hua Min Kuo. Art. 16. The President is responsible to the entire body of citizens. Art. 17. The President convokes the Li Fa Yuan, declares the opening, the suspension and the closing of the sessions. The President may dissolve the Li Fa Yuan with the approval of the Tsan Cheng Yuan; but in that case he must have the new members elected and the House
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CHAPTER. IV.—THE LEGISLATURE
CHAPTER. IV.—THE LEGISLATURE
Art. 30. Legislation shall be done by the Legislature organized with the members elected by the people. The organization of the Legislature and the method of electing the legislative members shall be fixed by the Provisional Constitution Conference. Art. 31. The duties and authorities of the Li Fa Yuan shall be as follows: (1) To discuss and pass all bills of law. (2) To discuss and pass the Budget. (3) To discuss and pass or approve articles relating to raising of public loans and national fina
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CHAPTER V.—THE ADMINISTRATION
CHAPTER V.—THE ADMINISTRATION
Art. 39. The President shall be the Chief of the Administration. A Secretary of State shall be provided to assist him. Art. 40. The affairs of the Administration shall be separately administered by the Ministries of Foreign Affairs, of Interior, of Finance, of Army, of Navy, of Justice, of Education, of Agriculture and Commerce and of Communications. Art. 41. The Minister of each Ministry shall control the affairs in accordance with law and orders. Art. 42. The Secretary of State, Ministers of t
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CHAPTER VI.—THE JUDICIARY
CHAPTER VI.—THE JUDICIARY
Art. 44. The judicial power shall be administered by the Judiciary formed by the judicial officials appointed by the President. The organization of the Judiciary and the qualifications of the Judicial officials shall be fixed by law. Art. 45. The Judiciary shall independently try and decide cases of civil and criminal law suits according to law. But with regard to administrative law suits and other special law cases they shall be attended to according to the provisions of this law. Art. 46. As t
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CHAPTER VII.—THE TSAN CHENG YUAN
CHAPTER VII.—THE TSAN CHENG YUAN
Art. 49. The Tsan Cheng Yuan shall answer the inquiries of the President and discuss important administrative affairs. The organization of the Tsan Cheng Yuan shall be fixed by the Provisional Constitution Conference....
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CHAPTER VIII.—FINANCES
CHAPTER VIII.—FINANCES
Art. 50. Levying of new taxes and dues and change of tariff shall be decided by law. The taxes and dues which are now in existence shall continue to be collected as of old except as changed by law. Art. 51. With regard to the annual receipts and expenditures of the nation, they shall be dealt with in accordance with the Budget approved by the Li Fa Yuan. Art. 52. For special purposes continuous expenditures for a specified number of years may be included in the budget. Art. 53. To prepare for an
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CHAPTER IX.—PROCEDURE OF CONSTITUTION MAKING
CHAPTER IX.—PROCEDURE OF CONSTITUTION MAKING
Art. 59. The Constitution of Chung Hua Min Kuo shall be drafted by the Constitution Draft Committee, which shall be organized with the members elected by and from among the members of the Tsan Cheng Yuan. The number of such drafting Committee shall be limited to ten. Art. 60. The Bill on the Constitution of Chung Hua Min Kuo shall be fixed by the Tsan Cheng Yuan. Art. 61. When the Bill on the Constitution of the Chung Hua Min Kuo has been passed by the Tsan Cheng Yuan, it shall be submitted by t
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CHAPTER X.—APPENDIX
CHAPTER X.—APPENDIX
Art. 64.-Before the Constitution of Chung Hua Min Kuo comes into force this Provisional Constitution shall have equal force to the Permanent Constitution. The order and instructions in force before the enforcement of this Provisional Constitution shall continue to be valid, provided that they do not come into conflict with the provisions of this Provisional Constitution. Art. 65. The articles published on the 12th of the Second Month of the First Year of Chung Hua Min Kuo, regarding the favourab
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DRAFT OF THE NATIONAL CONSTITUTION OF CHINA
DRAFT OF THE NATIONAL CONSTITUTION OF CHINA
(As it stood on May 28th, 1917, in its second reading at the Constitutional Conference.) The Constitutional Conference of the Republic of China, in order to enhance the national dignity, to unite the national dominion, to advance the interest of society and to uphold the sacredness of humanity, hereby adopt the following constitution which shall be promulgated to the whole country, to be universally observed, and handed down unto the end of time....
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CHAPTER I. THE FORM OF GOVERNMENT
CHAPTER I. THE FORM OF GOVERNMENT
Article 1. The Republic of China shall forever be a consolidated Republic....
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CHAPTER II. NATIONAL TERRITORY
CHAPTER II. NATIONAL TERRITORY
Art. 2. The National Territory of the Republic of China shall be in accordance with the dominion hithertofore existing. No change in National Territory and its divisions can be made save in accordance with the law....
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CHAPTER … GOVERNING AUTHORITY
CHAPTER … GOVERNING AUTHORITY
Art. … The power of Government of the Republic of China shall be derived from the entire body of citizens....
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CHAPTER III. THE CITIZENS
CHAPTER III. THE CITIZENS
Art. 3. Those who are of Chinese nationality according to law shall be called the citizens of the Republic of China. Art. 4. Among the citizens of the Republic of China, there shall be, in the eyes of the law, no racial, class, or religious distinctions, but all shall be equal. Art. 5. No citizens of the Republic of China shall be arrested, detained, tried, or punished save in accordance with the law. Whoever happens to be detained in custody shall be entitled, on application therefore, to the i
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CHAPTER IV. THE NATIONAL ASSEMBLY
CHAPTER IV. THE NATIONAL ASSEMBLY
Art. 20. The legislative power of the Republic of China shall be exercised by the National Assembly exclusively. Art. 21. The National Assembly shall consist of a Senate and House of Representatives. Art. 22. The Senate shall be composed of the Senators elected by the highest local legislative assemblies and other electoral bodies. Art. 23. The House of Representatives shall be composed of the representatives elected by the various electoral districts in proportion to the population. Art. 24. Th
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CHAPTER VI. THE PRESIDENT
CHAPTER VI. THE PRESIDENT
Art. 55. The administrative power of the Republic of China shall be vested in the President with the assistance of the Cabinet Ministers. Art 56. A person of the Republic of China in the full enjoyment of public rights, of the age of forty years or more, and resident in China for at least ten years, is eligible for election as President. Art. 57. The President shall be elected by a Presidential Election Convention, composed of the members of the National Assembly. For the above election, an atte
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CHAPTER VII. THE CABINET
CHAPTER VII. THE CABINET
Art. 78. The Cabinet shall be composed of the Cabinet Ministers. Art. 79. The Premier and the Ministers of the various ministries shall be called the Cabinet Ministers. Art. 80. The appointment of the Premier shall be approved by the House of Representatives. Should a vacancy in the Premiership occur during the time of adjournment of the National Assembly, the President may appoint an Acting-Premier, but it shall be required that the appointment must be submitted to the House of Representatives
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CHAPTER VIII. COURTS OF JUSTICE
CHAPTER VIII. COURTS OF JUSTICE
Art. 84. The Judicial authority of the Republic of China shall be exercised by the Courts of Justice exclusively. Art. 85. The organization of the Courts of Justice and the qualifications of the Judges shall be fixed by law. The appointment of the Chief-Justice of the Supreme Court should have the approval of the Senate. Art. 86. The Judiciary shall attend to and settle all civil, criminal administrative and other cases, but this does not include those cases which have been specially provided fo
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CHAPTER IX. LEGISLATION
CHAPTER IX. LEGISLATION
Art. 90. The members of both Houses and the Executive Department may introduce bills of law, but if any bill of law is rejected by the House it shall not be re-introduced during the same session. Art. 91. Any bill of law which has been passed by the National Assembly shall be promulgated by the President within 15 days after receipt of the same. Art. 92. Should the President disapprove of any bill of law passed by the National Assembly, he shall within the period allowed for promulgation, state
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CHAPTER X. NATIONAL FINANCE
CHAPTER X. NATIONAL FINANCE
Art. 95. The introductions of new taxes and alterations in the rate of taxation shall be fixed by law. Art. 96. (Eliminated.) Art. 97. The approval of the National Assembly must be obtained for National loans, or the conclusion of agreements which tend to increase the burden of the National Treasury. Art. … Financial bills involving direct obligation on the part of the citizens shall first be submitted to the House of Representatives. Art. 98. The Executive Department of the Government shall pre
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