FOOTNOTES:
[27] The growth of the Chinese press is remarkable. Although no complete statistics are available there is reason to believe that the number of periodicals in China now approximates 10,000, the daily vernacular newspapers in Peking alone exceeding 60. Although no newspaper in China prints more than 20,000 copies a day, the reading public is growing at a phenomenal rate, it being estimated that at least 50 million people read the daily publications, or hear what they say,—a fact which is deemed so politically important that all political parties and groups have their chains of organs throughout the country.
[28] The mediaeval condition of Chinese trade taxation is well illustrated by a Memorandum which the reader will find in the appendix. One example may be quoted. Timber shipped from the Yalu river, i.e. from Chinese territory, to Peking, pays duties at five different places, the total amount of which aggregates 20 per cent. of its market value; whilst timber from America, with transit dues and Peking Octroi added, only pays 10 per cent.! China is probably the only country that has ever existed that discriminates against its own goods and gives preference to the foreigner,—through the operation of the Treaties.
[29] We need only give a single example of what we mean. If, in the matter of the reform of the currency, instead of authorizing trade-agencies, i.e. the foreign Exchange Banks, to make a loan to China, which is necessarily hedged round with conditions favourable to such trade-agencies, the Powers took the matter directly in their own hands; and selecting the Bank of China—the national fiscal agent—as the instrument of reform agreed to advance all the sums necessary, provided a Banking Law was passed by the Parliament of China of a satisfying nature, and the necessary guarantees were forthcoming, it would soon be possible to have a uniform National Currency which would be everywhere accepted and lead to a phenomenal trade expansion. It should be noted that China is still on a Copper Standard basis,—the people's buying and selling being conducted in multiples of copper cent-pieces of which there has been an immense over-issue, the latest figures showing that there are no less than 22,000,000,000 1-cent, ten cash pieces in circulation or 62 coins per head of population—roughly twenty-five millions sterling in value,—or 160,000 tons of copper! The number of silver dollars and subsidiary silver coins is not accurately known,—nor is the value of the silver bullion; but it certainly cannot greatly exceed this sum. In addition there is about £15,000,000 of paper money. A comprehensive scheme of reform, placed in the hands of the Bank of China, would require at least £15,000,000; but this sum would be sufficient to modernize the currency and establish a universal silver dollar standard.
The Bank of China requires at least 600 branches throughout the country to become a true fiscal agent. It has to-day one-tenth of this number.
[30] It should be carefully noted that not only has Japan no unfriendly feelings for Germany but that German Professors have been appointed to office during the war. In the matter of enemy trading Japan's policy has been even more extraordinary. Until there was a popular outcry among the Entente Allies, German merchants were allowed to trade more or less as usual. They were not denied the use of Japanese steamers, shipping companies being simply "advised" not to deal with them, the two German banks in Yokohama and Kobe being closed only in the Autumn of 1916. It was not until April, 1917, that Enemy Trading Regulations were formally promulgated and enforced,—that is when the war was very far advanced—the action of China against Germany being no doubt largely responsible for this step.
That the Japanese nation greatly admires the German system of government and is in the main indifferent to the results of the war has long been evident to observers on the spot.
[31] A very remarkable confirmation of these statements is afforded in the latest Japanese decision regarding Manchuria which will be immediately enforced. The experience of the past three years having proved conclusively that the Chinese, in spite of their internal strife, are united to a man in their determination to prevent Japan from tightening her hold on Manchuria and instituting an open Protectorate, the Tokio Government has now drawn up a subtle scheme which it is believed will be effective. A Bill for the unification of administration in South Manchuria has passed the Japanese Cabinet Conference and will soon be formally promulgated. Under the provisions of this Bill, the Manchuria Railway Company will become the actual organ of Japanese administration in South Manchuria; the Japanese Consular Service will be subordinate to the administration of the Railway; and all the powers hitherto vested in the Consular Service, political, commercial, judicial and administrative, will be made part of the organization of the South Manchuria Railway. This is not all. From another Japanese source we learn that a law is about to take effect by which the administration of the South Manchuria Railway will be transferred directly to the control of the Government-General of Korea, thus making the Railway at once an apparently commercial but really political organization. In future the revenues of the South Manchuria Railway are to be paid direct to the Government-General of Korea; and the yearly appropriation for the upkeep and administration of the Railway is to be fixed at Yen 12,000,000. These arrangements, especially the amalgamation of the South Manchuria Railway, are to take effect from the 1st July, 1917, and are an attempt to do in the dark what Japan dares not yet attempt in the open.
APPENDIX
DOCUMENTS IN GROUP I
(1) The so-called Nineteen Articles, being the grant made by the Throne after the outbreak of the Wuchang Rebellion in 1911 in a vain attempt to satisfy the nation.
(2) The Abdication Edicts issued on the 12th February, 1912, endorsing the establishment of the Republic.
(3) The terms of abdication, generally referred to as "The articles of Favourable Treatment," in which special provision is made for the "rights" of Manchus, Mongols, Mohammedans and Tibetans, who are considered as being outside the Chinese nation.
THE NINETEEN ARTICLES
1. The Ta-Ching Dynasty shall reign for ever.
2. The person of the Emperor shall be inviolable.
3. The power of the Emperor shall be limited by a Constitution.
4. The order of the succession shall be prescribed in the Constitution.
5. The Constitution shall be drawn up and adopted by the National Assembly, and promulgated by the Emperor.
6. The power of amending the Constitution belongs to Parliament.
7. The members of the Upper House shall be elected by the people from among those particularly eligible for the position.
8. Parliament shall select, and the Emperor shall appoint, the Premier, who will recommend the other members of the Cabinet, these also being appointed by the Emperor. The Imperial Princes shall be ineligible as Premier, Cabinet Ministers, or administrative heads of provinces.
9. If the Premier, on being impeached by Parliament, does not dissolve Parliament he must resign but one Cabinet shall not be allowed to dissolve Parliament more than once.
10. The Emperor shall assume direct control of the army and navy, but when that power is used with regard to internal affairs, he must observe special conditions, to be decided upon by Parliament, otherwise he is prohibited from exercising such power.
11. Imperial decrees cannot be made to replace the law except in the event of immediate necessity in which case decrees in the nature of a law may be issued in accordance with special conditions, but only when they are in connection with the execution of a law or what has by law been delegated.
12. International treaties shall not be concluded without the consent of Parliament, but the conclusion of peace or a declaration of war may be made by the Emperor if Parliament is not sitting, the approval of Parliament to be obtained afterwards.
13. Ordinances in connection with the administration shall be settled by Acts of Parliament.
14. In case the Budget fails to receive the approval of Parliament the Government cannot act upon the previous year's Budget, nor may items of expenditure not provided for in the Budget be appended to it. Further, the Government shall not be allowed to adopt extraordinary financial measures outside the Budget.
15. Parliament shall fix the expenses of the Imperial household, and any increase or decrease therein.
16. Regulations in connection with the Imperial family must not conflict with the Constitution.
17. The two Houses shall establish the machinery of an administrative court.
18. The Emperor shall promulgate the decisions of Parliament.
19. The National Assembly shall act upon Articles 8, 9, 10, 12, 13, 14, 15 and 18 until the opening of Parliament.
EDICTS OF ABDICATION
I
We (the Emperor) have respectfully received the following Imperial Edict from Her Imperial Majesty the Empress Dowager Lung Yu:—
As a consequence of the uprising of the Republican Army, to which the different provinces immediately responded, the Empire seethed like a boiling cauldron and the people were plunged into utter misery. Yuan Shih-kai was, therefore, especially commanded some time ago to dispatch commissioners to confer with the representatives of the Republican Army on the general situation and to discuss matters pertaining to the convening of a National Assembly for the decision of the suitable mode of settlement. Separated as the South and the North are by great distances, the unwillingness of either side to yield to the other can result only in the continued interruption of trade and the prolongation of hostilities, for, so long as the form of government is undecided, the Nation can have no peace. It is now evident that the hearts of the majority of the people are in favour of a republican form of government: the provinces of the South were the first to espouse the cause, and the generals of the North have since pledged their support. From the preference of the people's hearts, the Will of Heaven can be discerned. How could We then bear to oppose the will of the millions for the glory of one Family! Therefore, observing the tendencies of the age on the one hand and studying the opinions of the people on the other, We and His Majesty the Emperor hereby vest the sovereignty in the People and decide in favour of a republican form of constitutional government. Thus we would gratify on the one hand the desires of the whole nation who, tired of anarchy, are desirous of peace, and on the other hand would follow in the footsteps of the Ancient Sages, who regarded the Throne as the sacred trust of the Nation.
Now Yuan Shih-kai was elected by the Tucheng-yuan to be the Premier. During this period of transference of government from the old to the new, there should be some means of uniting the South and the North. Let Yuan Shih-kai organize with full powers a provisional republican government and confer with the Republican Army as to the methods of union, thus assuring peace to the people and tranquillity to the Empire, and forming the one Great Republic of China by the union as heretofore, of the five peoples, namely, Manchus, Chinese, Mongols, Mohammedans, and Tibetans together with their territory in its integrity. We and His Majesty the Emperor, thus enabled to live in retirement, free from responsibilities, and cares and passing the time in ease and comfort, shall enjoy without interruption the courteous treatment of the Nation and see with Our own eyes the consummation of an illustrious government. Is not this highly advisable?
Bearing the Imperial Seal and Signed by Yuan Shih-kai, the Premier;
Bearing the Imperial Seal and Signed by Yuan Shih-kai, the Premier;
Hoo Wei-teh, Acting Minister of Foreign Affairs;
Chao Ping-chun, Minister of the Interior;
Tan Hsuen-heng, Acting Minister of Navy;
Hsi Yen, Acting Minister of Agriculture, Works and Commerce;
Liang Shih-yi, Acting Minister of Communications;
Ta Shou, Acting Minister of the Dependencies.
25th day of the 12th moon of the 3rd year of Hsuan Tung.
II
We have respectfully received the following Imperial Edict from Her Imperial Majesty the Empress Dowager Lung Yu:—
On account of the perilous situation of the State and the intense sufferings of the people, We some time ago commanded the Cabinet to negotiate with the Republican Army the terms for the courteous treatment of the Imperial House, with a view to a peaceful settlement. According to the memorial now submitted to Us by the Cabinet embodying the articles of courteous treatment proposed by the Republican Army, they undertake to hold themselves responsible for the perpetual offering of sacrifices before the Imperial Ancestral Temples and the Imperial Mausolea and the completion as planned of the Mausoleum of His Late Majesty the Emperor Kuang Hsu. His Majesty the Emperor is understood to resign only his political power, while the Imperial Title is not abolished. There have also been concluded eight articles for the courteous treatment of the Imperial House, four articles for the favourable treatment of Manchus, Mongols, Mohammedans, and Tibetans. We find the terms of perusal to be fairly comprehensive. We hereby proclaim to the Imperial Kinsmen and the Manchus, Mongols, Mohammedans, and Tibetans that they should endeavour in the future to fuse and remove all racial differences and prejudices and maintain law and order with united efforts. It is our sincere hope that peace will once more be seen in the country and all the people will enjoy happiness under a republican government.
Bearing the Imperial Seal and Signed by Yuan Shih-kai, the Premier;
Bearing the Imperial Seal and Signed by Yuan Shih-kai, the Premier;
Hoo Wei-teh, Acting Minister of Foreign Affairs;
Chao Ping-chun, Minister of the Interior;
Tan Hsuen-heng, Acting Minister of the Navy;
Hsi Yen, Acting Minister of Agriculture, Works and Commerce;
Liang Shih-yi, Acting Minister of Communications;
Ta Shou, Acting Minister of the Dependencies.
25th day of the 12th moon of the 3rd year of Hsuan Tung.
III
We have respectfully received the following Edict from Her Imperial Majesty the Empress Dowager Lung Yu:—
In ancient times the ruler of a country emphasized the important duty of protecting the lives of his people, and as their shepherd could not have the heart to cause them injury. Now the newly established form of government has for its sole object the appeasement of the present disorder with a view to the restoration of peace. If, however, renewed warfare were to be indefinitely maintained, by disregarding the opinion of the majority of the people, the general condition of the country might be irretrievably ruined, and there might follow mutual slaughter among the people, resulting in the horrible effects of a racial war. As a consequence, the spirits of Our Imperial Ancestors might be greatly disturbed and millions of people might be terrorized. The evil consequences cannot be described. Between the two evils, We have adopted the lesser one. Such is the motive of the Throne in modelling its policy in accordance with the progress of time, the change of circumstances, and the earnest desires of Our People. Our Ministers and subjects both in and out of the Metropolis should, in conformity with Our idea, consider most carefully the public weal and should not cause the country and the people to suffer from the evil consequences of a stubborn pride and of prejudiced opinions.
The Ministry of the Interior, the General Commandant of the Gendarmerie, Chiang Kuei-ti, and Feng Kuo-chang, are ordered to take strict precautions, and to make explanations to the peoples so clearly and precisely as to enable every and all of them to understand the wish of the Throne to abide by the ordinance of heaven, to meet the public opinion of the people and to be just and unselfish.
The institution of the different offices by the State has been for the welfare of the people, and the Cabinet, the various Ministries in the Capital, the Vice-royalties, Governorships, Commissionerships, and Taotaiships, have therefore been established for the safe protection of the people, and not for the benefit of one man or of one family. Metropolitan and Provincial officials of all grades should ponder over the present difficulties and carefully perform their duties. We hereby hold it the duty of the senior officials earnestly to advise and warn their subordinates not to shirk their responsibilities, in order to conform with Our original sincere intention to love and to take care of Our people.
Bearing the Imperial Seal and Signed by Yuan Shih-kai, the Premier;
Bearing the Imperial Seal and Signed by Yuan Shih-kai, the Premier;
Hoo Wei-teh, Minister of Foreign Affairs;
Chao Ping-chun, Minister of the Interior;
Tan Hsuen-heng, Acting Minister of the Navy;
Hsi Yen, Acting Minister of Agriculture, Works and Commerce;
Liang Shih-yi, Acting Minister of Communications;
Ta Shou, Acting Minister of the Dependencies.
25th day of the 12th moon of the 3rd year of Hsuan Tung.
TERMS OF ABDICATION
N.B. These terms are generally referred to in China as "The Articles of Favourable Treatment."
A.—Concerning the Emperor.
The Ta Ching Emperor having proclaimed a republican form of government, the Republic of China will accord the following treatment to the Emperor after his resignation and retirement.
Article 1. After abdication the Emperor may retain his title and shall receive from the Republic of China the respect due to a foreign sovereign.
Article 2. After the abdication the Throne shall receive from the Republic of China an annuity of Tls. 4,000,000 until the establishment of a new currency, when the sum shall be $4,000,000.
Article 3. After abdication the Emperor shall for the present be allowed to reside in the Imperial Palace, but shall later remove to the Eho Park, retaining his bodyguards at the same strength as hitherto.
Article 4. After abdication the Emperor shall continue to perform the religious ritual at the Imperial Ancestral Temples and Mausolea, which shall be protected by guards provided by the Republic of China.
Article 5. The Mausoleum of the late Emperor not being completed, the work shall be carried out according to the original plans, and the services in connection with the removal of the remains of the late Emperor to the new Mausoleum shall be carried out as originally arranged, the expense being borne by the Republic of China.
Article 6. All the retinue of the Imperial Household shall be employed as hitherto, but no more eunuchs shall be appointed.
Article 7. After abdication all the private property of the Emperor shall be respected and protected by the Republic of China.
Article 8. The Imperial Guards will be retained without change in members or emolument, but they will be placed under the control of the Department of War of the Republic of China.
B.—Concerning the Imperial Clansmen.
Article 1. Princes, Dukes and other hereditary nobility shall retain their titles as hitherto.
Article 2. Imperial Clansmen shall enjoy public and private rights in the Republic of China on an equality with all other citizens.
Article 3. The private property of the Imperial Clansmen shall be duly protected.
Article 4. The Imperial Clansmen shall be exempt from military service.
C.—Concerning Manchus, Mongols, Mohammedans and Tibetans.
The Manchus, Mongols, Mohammedans and Tibetans having accepted the Republic, the following terms are accorded to them:—
Article 1. They shall enjoy full equality with Chinese.
Article 2. They shall enjoy the full protection of their private property.
Article 3. Princes, Dukes and other hereditary nobility shall retain their titles as hitherto.
Article 4. Impoverished Princes and Dukes shall be provided with means of livelihood.
Article 5. Provision for the livelihood of the Eight Banners, shall with all dispatch be made, but until such provision has been made the pay of the Eight Banners shall be continued as hitherto.
Article 6. Restrictions regarding trade and residence that have hitherto been binding on them are abolished, and they shall now be allowed to reside and settle in any department or district.
Article 7. Manchus, Mongols, Mohammedans and Tibetans shall enjoy complete religious freedom.
APPENDIX
DOCUMENTS IN GROUP II
(1) The Provisional Constitution passed at Nanking in January, 1912.
(2) The Presidential Election Law passed on the 4th October, 1913, by the full Parliament, under which Yuan Shih-kai was elected President,—and now formally incorporated as a separate chapter in the Permanent Constitution.
(3) The Constitutional Compact, promulgated on 1st May, 1914. This "law" which was the first result of the coup d'état of 4th November, 1913, and designed to take the place of the Nanking Constitution is wholly illegal and disappeared with the death of Yuan Shih-kai.
(4) The Presidential Succession Law.
This instrument, like the Constitutional Compact, was wholly illegal and drawn up to make Yuan Shih-kai dictator for life.
THE PROVISIONAL CONSTITUTION OF THE REPUBLIC OF CHINA
Passed at Nanking in 1912, currently referred to as the old Constitution
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 Chinghai.
Art. 4. The sovereignty of the Chinese Republic is exercised by the National Council, the Provisional President, the Cabinet and the Judiciary.
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 the freedom of speech, of composition, of publication, of assembly and of association.
(e) Citizens shall have the right of the secrecy of their letters.
(f) Citizens shall have the liberty of residence and removal.
(g) Citizens shall have the freedom of religion.
Art. 7. Citizens shall have the right to petition the Parliament.
Art. 8. Citizens shall have the right of petitioning the executive officials.
Art. 9. Citizens shall have the right to institute proceedings before the Judiciary, and to receive its trial and judgment.
Art. 10. Citizens shall have the right of suing officials in the Administrative Courts for violation of law or against their rights.
Art. 11. Citizens shall have the right of participating in civil examinations.
Art. 12. Citizens shall have the right to vote and to be voted for.
Art. 13. Citizens shall have the duty to pay taxes according to law.
Art. 14. Citizens shall have the duty to enlist as soldiers according to law.
Art. 15. The rights of citizens as provided in the present Chapter shall be limited or modified by laws, provided such limitation or modification shall be deemed necessary for the promotion of public welfare, for the maintenance of public order, or on account of extraordinary exigency.
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 shall have one vote.
Art. 19. The National Council shall have the following powers:
(a) To pass all Bills.
(b) To pass the budgets of the Provisional Government.
(c) To pass laws of taxation, of currency, and weights and measures for the whole country.
(d) To pass measures for the calling of public loans and to conclude contracts affecting the National Treasury.
(e) To give consent to matters provided in Articles 34, 35 and 40.
(f) To reply to inquiries from, the Provisional Government.
(g) To receive and consider petitions of citizens.
(h) To make suggestions to the Government on legal or other matters.
(i) To introduce interpellations to members of the Cabinet, and to insist on their being present in the Council in making replies thereto.
(j) To insist on the Government investigating into any alleged bribery and infringement of laws by officials.
(k) To impeach the Provisional President for high treason by a majority vote of three-fourths of the quorum consisting of more than four-fifths of the total number of the members.
(l) To impeach members of the Cabinet for failure to perform their official duties or for violation of the law by majority votes of two-thirds of the quorum consisting of over three-fourths of the total number of the members.
Art. 20. The National Council shall itself convoke, conduct and adjourn its own meetings.
Art. 21. The meetings of the Advisory Council shall be conducted publicly, but secret meetings may be held at the suggestion of members of the Cabinet or by the majority vote of its quorum.
Art. 22. Matters passed by the Advisory Council shall be communicated to the Provisional President for promulgation and execution.
Art. 23. If the Provisional President should veto matters passed by the National Council he shall, within ten days after he has received such resolutions, return the same with stated reasons to the Council for reconsideration. If by a two-thirds vote of the quorum of the Council, it shall be dealt with in accordance with Article 22.
Art. 24. The Chairman of the National Council shall be elected by ballots signed by the voting members and the one receiving more than one-half of the total number of the votes cast shall be elected.
Art. 25. Members of the National Council shall not, outside the Council, be responsible for their opinion expressed and votes cast in the Council.
Art. 26. Members of the Council shall not be arrested without the permission of the Chairman of the Council except for crimes pertaining to civil and international warfare.
Art. 27. Procedure of the National Council shall be decided by its own members.
Art. 28. The National Council shall be dissolved on the day of the convocation of the National Assembly, and its powers shall be exercised by the latter.
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 execution of laws and of powers delegated to him by the law.
Art. 32. The Provisional President shall be the Commander-in-Chief of the Army and Navy of the whole of China.
Art. 33. The Provisional President shall ordain and establish the administrative system and official regulations, but he must first submit them to the National Council for its approval.
Art. 34. The Provisional President shall appoint and remove civil and military officials, but in the appointment of Members of the Cabinet, Ambassadors and Ministers he must have the concurrence of the National Council.
Art. 35. The Provisional President shall have power, with the concurrence of the National Council, to declare war and conclude treaties.
Art. 36. The Provisional President may, in accordance with law, declare a state of siege.
Art. 37. The Provisional President shall, representing the whole country, receive Ambassadors and Ministers of foreign countries.
Art. 38. The Provisional President may introduce Bills into the National Council.
Art. 39. The Provisional President may confer decorations and other insignia of honour.
Art. 40. The Provisional President may declare general amnesty, grant special pardon, commute punishment, and restore rights, but in the case of a general amnesty he must have the concurrence of the National Council.
Art. 41. In case the Provisional President is impeached by the National Council he shall be tried by a special Court consisting of nine judges elected among the justices of the Supreme Court of the realm.
Art. 42. In case the Provisional President vacates his office for various reasons, or is unable to discharge the powers and duties of the said office, the Provisional Vice-President shall take his place.
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. Upon members of the Cabinet having been impeached by the National Council, the Provisional President may remove them from office, but such removal shall be subject to the reconsideration of the National Council.
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 public safety and order may be in camera.
Art. 51. Judges shall be independent, and shall not be subject to the interference of higher officials.
Art. 52. Judges during their continuance in office shall not have their emoluments decreased and shall not be transferred to other offices, nor shall they be removed from office except when they are convicted of crimes, or of offences punishable according to law by removal from office.
Regulations for the punishment of judges shall be determined by law.
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 Provisional Constitution may be amended by the assent of two-thirds of the members of the National Council or upon the application of the Provisional President and being passed by over three-fourths of the quorum of the Council consisting of over four-fifths of the total number of its members.
Art. 56. The present Provisional Constitution shall take effect on the date of its promulgation, and the fundamental articles for the organization of the Provisional Government shall cease to be effective on the same date.
Sealed by
THE NATIONAL COUNCIL.
THE PRESIDENTIAL ELECTION LAW
Passed October 4 1913, by the National Assembly and promulgated by the then Provisional President on October 5 of the same year.
Article 1. A citizen of the Chinese Republic, who is entitled to all the rights of citizenship, is 40 years or more in age and has resided in China for not less than ten years, is eligible for election as President.
Art. 2. The President shall be elected by an Electoral College organized by the members of the National Assembly of the Chinese Republic.
The said election shall be held by a quorum of two-thirds or more of the entire membership of the said Electoral College and shall be conducted by secret ballot. A candidate shall be deemed elected when the number of votes in his favour shall not be less than three-fourths of the total number of votes cast at the election. If no candidate secures the requisite number of votes after two ballotings, a final balloting shall be held with the two persons, securing the greatest number of votes at the second balloting, as candidates. The one securing a majority of votes shall be elected.
Art. 3. The term of office of the President shall be five years; and if re-elected, he may hold office for one more term.
Three months previous to the expiration of the term, the members of the National Assembly shall convene and organize by themselves the Electoral College to elect the President for the next period.
Art. 4. The President on taking office shall make oath as follows:
"I hereby swear that I will most sincerely obey the constitution and faithfully discharge the duties of the President."
Art. 5. Should the post of the President become vacant, the Vice-President shall succeed to the same to the end of the term of the original President.
Should the President be unable to discharge his duties for any cause the Vice-President shall act in his stead.
Should the Vice-President vacate his post at the same time, the Cabinet shall officiate for the President. In this event the members of the National Assembly of the Chinese Republic shall convene themselves within three months to organize an Electoral College to elect a new President.
Art. 6. The President shall vacate office on the expiry of his term. Should the election of the next President or Vice-President be not effected for any cause, or having been elected should they be unable to be inaugurated, the President and Vice-President whose terms have expired shall quit their posts and the Cabinet shall officiate for them.
Art. 7. The election of the Vice-President shall be according to the fixed regulations for the election of the President, and the election of the Vice-President shall take place at the same time when the President is elected. Should there be a vacancy for the Vice-Presidency a Vice-President shall be elected according to the provisions herein set forth.
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.
"THE CONSTITUTIONAL COMPACT"
Drafted by Dr. Frank Johnson Goodnow, Legal Adviser to Yuan Shih-kai, and promulgated on May 1, 1914
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.
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 people have the right of freedom of speech, of writing and publication, of meeting and organizing association, within the bounds of law.
(5) The people have the right of the secrecy of correspondence within the bounds of law.
(6) The people have the liberty of residence and removal, within the bounds of law.
(7) The people have freedom of religious belief, within the bounds of law.
Art. 6. The people have the right to memorialize the Li Fa Yuan according to the provisions of law.
Art. 7. The people have the right to institute proceedings at the judiciary organ in accordance with the provisions of law.
Art. 8. The people have the right to petition the administrative organs and lodge protests with the Administrative Court in accordance with the provisions of law.
Art. 9. The people have the right to attend examinations held for securing officials and to join the public service in accordance with the provisions of law.
Art. 10. The people have the right to vote and to be voted for in accordance with the provisions of law.
Art. 11. The people have the obligation to pay taxes according to the provisions of law.
Art. 12. The people have the obligation to serve in a military capacity in accordance with the provisions of law.
Art. 13. The provisions made in this Chapter, except when in conflict with the Army or Naval orders and rules, shall be applicable to military and naval men.
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 convoked within six months from the day of dissolution.
Art. 18. The President shall submit Bills of Law and the Budget to the Li Fa Yuan.
Art. 19. For the purposes of improving the public welfare or enforcing law or in accordance with the duties imposed upon him by law, the President may issue orders and cause orders to be issued, but he shall not alter the law by his order.
Art. 20. In order to maintain public peace or to prevent extraordinary calamities at a time of great emergency when time will not permit the convocation of the Li Fa Yuan, the President may, with the approval of the Tsan Cheng Yuan [Senate], issue provisional orders which shall have the force of law; but in that case he shall ask the Li Fa Yuan [House of Representatives] for indemnification at its next session.
The provisional orders mentioned above shall immediately become void when they are rejected by the Li Fa Yuan.
Art. 21. The President shall fix the official systems and official regulations. The President shall appoint and dismiss military and civil officials.
Art. 22. The President shall declare war and conclude peace.
Art. 23. The President is the Commander-in-Chief of, and controls, the Army and Navy of the whole country. The President shall decide the system of organization and the respective strength of the Army and Navy.
Art. 24. The President shall receive the Ambassadors and Ministers of the foreign countries.
Art. 25. The President makes treaties.
But the approval of the Li Fa Yuan must be secured if the articles should change the territories or increase the burdens of the citizens.
Art. 26. The President may, according to law, declare Martial Law.
Art. 27. The President may confer titles of nobility, decorations and other insignia of honour.
Art. 28. The President may declare general amnesty, special pardon, commutation of punishment, or restoration of rights. In case of general amnesty the approval of the Li Fa Yuan must be secured.
Art. 29. When the President, for any cause, vacates his post or is unable to attend to his duties, the Vice-President shall assume his duties and authority in his stead.
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 financial responsibilities.
(4) To reply to the inquiries addressed to it by the Government.
(5) To receive petitions of the people.
(6) To bring up bills on law.
(7) To bring up suggestions and opinions before the President regarding law and other affairs.
(8) To bring out the doubtful points of the administration and request the President for an explanation; but when the President deems it necessary for a matter to be kept secret he may refuse to give the answer.
(9) Should the President attempt treason the Li Fa Yuan may institute judicial proceedings in the Supreme Court against him by a three-fourths or more vote of a four-fifths attendance of the total membership.
Regarding the clauses from 1 to 8 and articles 20, 25, 28, 55 and 27, the approval of a majority of more than half of the attending members will be required to make a decision.
Art. 32. The regular annual session of the Li Fa Yuan will be four months in duration; but when the President deems it necessary it may be prolonged. The President may also call special sessions when it is not in session.
Art. 33. The meetings of the Li Fa Yuan shall be "open sessions," but they may be held in secret at the request of the President or the decision of the majority of more than half of the members present.
Art. 34. The law bills passed by the Li Fa Yuan shall be promulgated by the President and enforced.
When the President vetoes a law bill passed by the Li Fa Yuan he must give the reason and refer it again to the Li Fa Yuan for reconsideration. If such bill should be again passed by a two-thirds vote of the members present at the Li Fa Yuan but at the same time the President should firmly hold that it would greatly harm the internal administration or diplomacy to enforce such law or there will be great and important obstacles against enforcing it, he may withhold promulgation with the approval of the Tsan Cheng Yuan.
Art. 35. The Speaker and vice-Speaker of the Li Fa Yuan shall be elected by and from among the members themselves by ballot. The one who secures more than half of the votes cast shall be considered elected.
Art. 36. The members of the Li Fa Yuan shall not be held responsible to outsiders for their speeches, arguments and voting in the House.
Art. 37. Except when discovered in the act of committing a crime or for internal rebellion or external treason, the members of the Li Fa Yuan shall not be arrested during the session period without the permission of the House.
Art. 38. The House laws of the Li Fa Yuan shall be made by the House itself.
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 the Ministries and the special representative of the President may take seats in the Li Fa Yuan and express their views.
Art. 43. The Secretary of State or any of the Ministers when they commit a breach of law shall be liable to impeachment by the Censorate (Suchengting) and trial by the Administrative Court.
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 to the procedure the Supreme Court should adopt for the impeachment case stated in clause 9 of article 31, special rules will be made by law.
Art. 47. The trial of law suits in the judicial courts should be open to the public; but when they are deemed to be harmful to peace and order or good custom, they may be held in camera.
Art. 48. The judicial officials shall not be given a reduced salary or shifted from their posts when functioning as such, and except when a sentence has been passed upon him for punishment or he is sentenced to be removed, a judicial official shall not be dismissed from his post.
The regulations regarding punishment shall be fixed by law.
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.
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 any deficiency of the budget and expenses needed outside of the estimates in the budget, a special reserve fund must be provided in the budget.
Art. 54. The following items of expenditures shall not be cancelled or reduced except with the approval of the President:—
1. Any duties belonging to the nation according to law.
2. Necessities stipulated by law.
3. Necessities for the purpose of carrying out the treaties.
4. Expenses for the Army and Navy.
Art. 55. For national war or suppression of internal disturbance or under unusual circumstances when time will not permit to convoke the Li Fa Yuan, the President may make emergency disposal of finance with the approval of the Tsan Cheng Yuan, but in such case he shall ask the Li Fa Yuan for indemnification at its next session.
Art. 56. When a new Budget cannot be established, the Budget of the previous year will be used. The same procedure will be adopted when the Budget fails to pass at the time when the fiscal year has begun.
Art. 57. When the closed accounts of the receipts and expenditures of the nation have been audited by the Board of Audit, they shall be submitted by the President to the Li Fa Yuan for approval.
Art. 58. The organization of the Board of Audit shall be fixed by the Provisional Constitution Conference.
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 the President to the Citizens' Conference for final passage.
The organization of the Citizens' Conference shall be fixed by the Provisional Constitution Conference.
Art. 62. The Citizens' Conference shall be convoked and dissolved by the President.
Art. 63. The Constitution of Chung Hua Min Kuo shall be promulgated by the President.
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 favourable treatment of the Ta Ching Emperor after his abdication, and the special treatment of the Ching Imperial Clan, as well as the special treatment of the Manchus, Mongols, Mahommedans and Tibetans shall never lose their effect.
As to the Articles dealing with the special treatment of Mongols in connexion with the special treatment articles, it is guaranteed that they shall continue to be effective, and that the same will not be changed except by law.
Art. 66. This Provisional Constitution may be amended at the request of two-thirds of the members of the Li Fa Yuan, or the proposal of the President, by a three-fourths majority of a quorum consisting of four-fifths or more of the whole membership of the House. The Provisional Constitution Conference will then be convoked by the President to undertake the amendment.
Art. 67. Before the establishment of the Li Fa Yuan the Tsan Cheng Yuan shall have the duty and authority of the former and function in its stead.
Art. 68. This Provisional Constitution shall come into force from the date of promulgation. The Temporary Provisional Constitution promulgated on the 11th day of the Third Month of the First Year of the Min Kuo shall automatically cease to have force from the date on which this Provisional Constitution comes into force.
THE PRESIDENTIAL SUCCESSION
Passed by a puppet political body and promulgated by Yuan Shih-kai on December 29, 1914
Article 1. A male citizen of the Republic of Chung Hua, possessing the rights of citizenship, 40 or more years of age and having resided in the Republic for not less than 20 years shall be eligible for election as President.
Art. 2. The Presidential term shall be ten years with eligibility for re-election.
Art. 3. At the time of the Presidential Election the then President shall, representing the opinion of the people carefully and reverently nominate (recommend) three persons, with the qualifications stated in the first Article, as candidates for the Presidential Office.
The names of these nominated persons shall be written by the then President on a gold Chia-ho-plate, sealed with the National Seal and placed in a gold box, which shall be placed in a stone house in the residence of the President.
The key of the box will be kept by the President while the keys to the Stone House shall be kept separately by the President, the Chairman of the Tsan Cheng Yuan and the Secretary of State. The Stone House may not be opened without an order from the President.
Art. 4. The Presidential Electoral College shall be organized with the following members:
1. Fifty members elected from the Tsan Cheng Yuan.
2. Fifty members elected from the Li Fa Yuan.
The said members shall be elected by ballot among the members themselves. Those who secure the largest number of votes shall be elected. The election shall be presided over by the Minister of Interior. If it should happen that the Li Fa Yuan is in session at the time of the organization of the Presidential Electoral College, the fifty members heading the roll of the House and then in the Capital, shall be automatically made members of the Electoral College.
Art. 5. The Electoral College shall be convocated by the President and organized within three days before the election.
Art. 6. The house of the Tsan Cheng Yuan shall be used as a meeting place for the Presidential Electoral College. The chairman of the Tsan Cheng Yuan shall act as the chairman of the College.
If the Vice-President is the chairman of the Tsan Cheng Yuan or for other reasons, the chairman of the Li Fa Yuan shall act as the chairman.
Art. 7. On the day of the Presidential Election the President shall respectfully make known to the Presidential Electoral College the names of the persons recommended by him as qualified candidates for the Presidential office.
Art. 8. The Electoral College may vote for the re-election of the then President, besides three candidates recommended by him.
Art. 9. The single ballot system will be adopted for the Presidential Election. There should be an attendance of not less than three-fourths of the total membership. One who receives a two-thirds majority or greater of the total number of votes cast shall be elected. If no one secures a two-thirds majority the two persons receiving the largest number of votes shall be put to the final vote.
Art. 10. When the year of election arrives should the members of the Tsan Cheng Yuan consider it a political necessity, the then President may be re-elected for another term by a two-thirds majority of the Tsan Cheng Yuan without a formal election. The decision shall then be promulgated by the President.
Art. 11. Should the President vacate his post before the expiration of his term of office a special Presidential Electoral College shall be organized within three days. Before the election takes place the Vice-President shall officiate as President according to the provisions of Article 29 of the Constitutional Compact and if the Vice-President should also vacate his post at the same time, or be absent from the Capital or for any other reasons be unable to take up the office, the Secretary of State shall officiate but he shall not assume the duties of clauses I and 2, either as a substitute or a temporary executive.
Art. 12. On the day of the Presidential Election, the person officiating as President or carrying on the duties as a substitute shall notify the Chairman of the Special Presidential Electoral College to appoint ten members as witnesses to the opening of the Stone House or the Gold Box, which shall be carried reverently to the House and opened before the assembly and its contents made known to them. Votes shall then be forthwith cast for the election of one of the three candidates recommended as provided for in article 9.
Art. 13. Whether at the re-election of the old President or the assumption of office of the new President, he shall take oath in the following words at the time of taking over the office:
"I swear that I shall with all sincerity adhere to the Constitution and execute the duties of the President. I reverently swear."
Before the promulgation of the Constitution it shall be specifically stated in the oath that the President shall adhere to the Constitutional Compact.
Art. 14. The term of office for the Vice-President shall be the same as that of the President. Upon the expiration of the term, three candidates, possessing the qualifications of article 1, shall be nominated by the re-elected or the new President, for election. The regulations governing the election of the President shall be applicable.
Should the Vice-President vacate his post before the expiration of his term for some reasons, the President shall proceed according to the provisions of the preceding article.
Art. 15. The Law shall be enforced from the date of promulgation.
On the day of enforcement of this Law the Law on the Election of the President as promulgated on the 5th day of the 10th Month of the 2nd Year of the Min Kuo shall be cancelled.