893.011/9–1946
The Consul General at Shanghai (Davis) to the Secretary of State
[Received October 31.]
Sir: I have the honor to enclose for the information of the Department a copy of the latest translation of a draft constitution for the Republic of China.79 This draft constitution has not been published in China in either Chinese or English. It was presented to an officer of this Consulate General in the strictest confidence. Copies of this translation with only minor differences were forwarded recently to General Marshall and Ambassador Stuart in Nanking.
This draft constitution was started in the Constitutional Committee of the Political Consultative Council (PCC) over six months ago. [Page 210] Representatives of the principal and minor parties, as well as nonparty elements, participated in the work of this committee. They intended to present the draft constitution, upon its completion, to the Political Consultative Council and then the National Assembly.
With the suspension of activities of the Political Consultative Council, the Kuomintang and Kungchangtang (Chinese Communist Party) representatives abstained from working officially on the draft constitution. For fear that the Kuomintang might utilize this draft constitution in a National Assembly in which the other parties lacked adequate representation, the Chinese Communist delegates made it known that they considered this draft constitution only as minutes for guidance, not as a project for presentation to the National Assembly.
The delegates of the Democratic League, Third Party, and other minor parties and the non-party members completed the draft constitution, of which the enclosed document is a translation. It will be kept in readiness for further discussion among the political parties and non-party elements and, with or without modification, for presentation to the National Assembly if and when it meets.
A representative of the Democratic League informed an officer of this Consulate General that there is wide agreement among the major and minor parties and other elements on the substance of this draft constitution. He stated that the Kuomintang delegates objected to the power conferred on the Legislative Yuan vis-à-vis the Executive Yuan. The Kuomintang delegates appeared to favor a stronger, more autonomous Executive Yuan. He also stated that the Chinese Communists had no major objections to this draft constitution.
Respectfully yours,
- Not printed.↩