File No. 893.011/15.
From the synopsis of this document, contained in Mr. Peck’s memorandum,
it will be evident that the powers now centralized in the hands of the
President are extraordinarily great. While this is justly regarded as a
pause in the progress towards the development of a representative form
of government for this nation, I am inclined to believe that it ought
not to be interpreted as a definitive reaction against democracy, but
rather as an assumption of those powers
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necessary to enable the Central Government to bring
about the only conditions under which constitutional development can be
safely and profitably fostered, namely, conditions of national cohesion
and internal tranquility. I am confident that in such measure as the
people of China demand progressively democratic forms of government,
such will be evolved; and it is not the least of the commendable points
of the present constitution that it leaves wide scope for the evolution
of such forms.
[Inclosure.]
Review of constitutional evolution in China,
January 10, 1912, to May 1, 1914; and a synopsis of the Revised
Provisional Constitution of China, promulgated May 1, 1914.
American Legation,
Peking,
May 5, 1914.
memorandum.
On May 1, 1914, the President of the Republic of China issued the
following Presidential Mandate, which was signed by the members of
the Cabinet:
The Provisional Constitutional Conference having passed the
Provisional Constitution of the Republic of China, it is
hereby specially promulgated.
The revised Provisional Constitution thus promulgated occupies the
following place in the sequence of events in the constitutional
evolution of this Republic:
January 10, 1912. The President issued a mandate convoking a
National Assembly. March 10, 1912. The Advisory Council of
the Republic proclaimed a Provisional Constitution.5
April 8, 1913. The first session of the National Assembly,
provided for in Article 53 of the Provisional Constitution,
was convened and its organization completed by the election
of the two presiding officers on April 30, 1913.6
October 6, 1913. Yuan Shih K’ai was elected Permanent
President of the Republic.7 He was
elected in compliance with an Act passed by the National
Assembly on October 4, 1913, adopting that portion of the
Permanent Constitution dealing with the election of the
President. Term, five years, subject to reelection once
only.
October 10, 1913. Yuan Shih K’ai was inaugurated Permanent
President of the Republic.8
October 22, 1913. The committee composed of members of the
National Assembly appointed to draft the Permanent
Constitution refused to receive the representatives of the
President bearing his suggestions as to the amendments of
the draft, submitted in accordance with Article 55 of the
Provisional Constitution.
November 4, 1913. The President issued a mandate expelling
the Kuo Min Ting, or Nationalist, members of the National
Assembly.9
Owing to the lack of a quorum in that body, the draft
constitution could no longer be discussed.
November 13, 1913. A notification from the presiding officers
of the National Assembly was published in the Government
Gazette announcing the fact that the agenda of the Assembly
would no longer be published.
November 26, 1913. The President issued a mandate announcing
the convocation of a Political Council (also translated
Administrative Conference) composed of two members from each
Province and certain appointive members, the duty of the
Council being to give advice to the President on
governmental affairs.10
December 18, 1913. There was published in the Government
Gazette a telegram signed by every prominent official in the
Republic calling for the temporary dispersion of the members
of the National Assembly and the conversion of the
Administrative Conference [Political Council] into a
Constitutional Convention.10
January 10, 1914. The President issued a mandate adopting the
report of the Administrative Conference [Political Council]
and dissolving the National Assembly, since it had no
quorum. He promised to convene the Assembly again in due
course of time, in accordance with the Provisional
Constitution.11
January 11, 1914. The President issued a mandate, quoting the
precedents of France and the United States and approving the
recommendation of the Administrative Conference, whereby he
directed the creation of a “law-making organ” composed of
men of great learning and ripe experience, to amend the
Provisional Constitution.11
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January 26, 1914. The President issued a mandate directing
the formation of the “Provisional Constitutional Conference”
and settling the method by which its members would be
elected. The electors and the members were to be possessed
of educational or property-holding qualifications.
February 4, 1914. The President issued a mandate dissolving
the local self-government bodies.
March 2, 1914. The President issued a mandate dissolving the
Provincial Assemblies.
March 14, 1914. The President issued a mandate directing that
the Provisional Constitutional Conference should meet on the
18th of the month.
March 18, 1914. The Conference convened, with a nominal
membership of sixty.
May 1, 1914. The President promulgated the revised
Provisional Constitution.
May 1, 1914. The President issued a mandate appointing Hsu
Shih Ch’ang Secretary of State (Kuo Wu Ch’ing) in place of
the Premier.
May 2, 1914. The President issued a mandate abolishing the
Cabinet, now replaced by the President and the Secretary of
State. All communications hitherto addressed to the Cabinet
are henceforth to be addressed to the President direct.
The following is a synopsis of the new revised Provisional
Constitution:
executive powers.
The President is the head of the nation and the supreme authority in
the government. He may convoke, adjourn and terminate the sessions
of the Legislature. He may issue any orders not contrary to law. He
may, when the Legislature is not in session, issue, with the
approval of the Advisory Council, orders that have the force of law;
but these orders may be annulled by the Legislature at its next
session.
The President shall fix the official system and appoint and dismiss
all civil and military officials. He may declare war or conclude
peace. He is commander in chief of the Army and Navy. He may
conclude treaties, subject to certain restrictions. He shall
promulgate all acts of the Legislature.
With the approval of the Advisory Council, he may impose a final veto
on any act of the Legislature.
legislative powers.
The laws of the nation shall be enacted by the Legislature, whose
members shall be elected by the people.
The Legislature may impeach the President for treason, before the
Supreme Court.
financial powers.
All financial legislation shall be enacted by the Legislature, either
on its own initiative or that of the President.
Neither the budget as fixed by law, nor national obligations, may be
altered except by permission of the President.
The President may take extraordinary financial measures, with the
consent of the Advisory Council, which measures must be sanctioned
by the Legislature.
administrative powers.
The President shall be the chief of the Administrative Department of
the Government.
A Secretary of State shall be provided to assist the President. There
shall be nine Ministries, whose chiefs shall perform their duties in
accordance with the laws and the presidential mandates.
judicial powers.
All judicial officers shall be appointed by the President. They shall
administer the laws passed by the Legislature.
miscellaneous.
Further points of interest in the Constitution are:
The provision that previous to the convocation of the Legislature the
Advisory Council (Ts’an Cheng Yuan) shall exercise its
functions.
The organization of the Advisory Council is left to the Provisional
Constitutional Conference.
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The Articles published on February 12, 1912,12
regarding the favorable treatment of the Ta Ch’ing Emperor, the
Imperial Clan, and the Manchu, Mongol, Turki and Tibetan peoples,
are continued in force forever.
Finally, it is provided that the permanent Constitution of the
Republic shall be drafted by a committee appointed by, or rather
elected by and from, the members of the Advisory Council. The bill
introducing this draft shall be prepared by the Advisory Council and
shall be submitted by the President to a national convention of
citizens for adoption, the organization of this convention being
left to the Provisional Constitutional Conference. The convention
shall be convoked by and dissolved by the President.
The Constitution, when adopted, shall be promulgated by the
President.
