893.00/9–2148: Airgram
The Ambassador in China (Stuart) to the Secretary of State
[Received October 7—2:10 p. m.]
A–234. Legislative Yuan on September 14, by overwhelming vote of 304 to 2, turned down Gimo’s request for confirmation of declaration of martial law in Peiping proclaimed by Marshal Fu Tso-yi on July 5 following student shootings on same day. This vote was based on article 39 of Chinese Constitution which requires President to declare martial law with approval or confirmation of Legislative Yuan. Vote was taken after only about one hour of fiery speechmaking and reflects nationwide interest in and resentment over the incident. This [Page 466] is first issue in this new session over which Legislative Yuan has opposed Executive Yuan as it consistently did during its first session earlier this summer.
Insubordination essentially represents slap in face to Gimo and criticism of manner in which his administration has handled student problems in Peiping. It is also in line with findings of Control Yuan which has made its own investigation and concluded that official report of Government constitutes gross exaggeration of circumstances leading to shooting and unjustified exculpation of guilty officials. Vote thus holds door open for punishment of three Peiping officials whom, the Embassy has learned from reliable source, the Control Yuan indicted on about August 26 as result of its investigation. These officials are: the Deputy Police Commissioner of Peiping; Ch’en Chi-ch’eng, Garrison Commander of Peiping; Chao Chang-yen, Commanding Officer of the 208th Youth Army, the group which actually fired on the students. This source added that the indictment recommended that first two officials be removed and the third be sentenced to death. In this connection, Gimo previously rejected the resignation of Fu Tso-yi on grounds that latter bears no guilt.
Embassy has learned from both press and local sources that Gimo was incensed by this rebellion and immediately summoned Dr. Sun Fo, President of Legislative Yuan, whom he blamed for defeat and whom he ordered to force approval of the declaration of martial law through the Legislative Yuan. This Sun Fo refused to do and departed for Shanghai where he still remains. In consequence the responsibility for complying with the Gimo’s order automatically fell on Chen Li-fu who had just returned from his trip abroad and who presided over the Sept 17 meeting in his capacity as Vice-President of the Legislative Yuan. From the press it is known that Sept 17 meeting of the Legislative Yuan did not reconsider the issue and it seems likely that Chen Li-fu could not muster enough votes and preferred to leave the matter dormant rather than to risk a second defeat. It is not known how the Gimo now feels about the rebellion, but it may well be that as a matter of face-saving he will wish to force the issue later if sufficient votes can be obtained.
This rebellion is significant as manifestation of discontent festering among ranks of even Gimo’s closest supporters and may well be the portent of its future activities.