Book: The Fight For The Republic in China

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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;
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'etat_ 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.

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