Modern Constitutional Development In China

MODERN CONSTITUTIONAL DEVELOPMENT IN CHINA BY HAROLD MONK VTNACKE SSOCXATE PROFESSOR OF POLITICAL SCIENCE IN MIAMI UNIVERSITY PRINCETON UNIVERSITY PRESS PRINCETON LONDON HUMPHREY MILFORD OXFORD UNIVERSITY PRESS 1920 Copyright, 1920, by PRINCETON UNIVERSITY PRESS Published 1920 Printed in the United States of America TO MY MOTHER PREFACE In the following pages modern Chinese history, from the constitutional point of view, is treated as a continuous develop ment since the inception of reform in 1898 under the Emperor Kuang Hsu. It was only gradually that China was brought to a realization of the necessity for change in her political structure. During the years prior to 1898, it became apparent to a few in the country that the Chinese house must be re paired if it was to remain standing. The Hundred Days of reform in 1898 marked the attempt to patch up, without seri ously altering, the existing structure. The fundamental na ture of the alterations necessary, however, was not appreciated at that time. With the failure of the reform movement came a reaction against change. This reaction against the new culminated in the Boxer uprising. The disastrous termination of the anti-foreign movement brought a deeper realization of the need for radical reforms. The reforms undertaken in volved the introduction of a measure of representative gov ernment into China. But although committed to the idea of change, the rulers of China were not prepared to move rapidly enough to satisfy the radical element in the reform party and revolution resulted. The revolutionary ideas marked a de cided break with the past. Since the revolution of 1911, the history of China has been the attempt to find a middle ground, suited to the needs of the country, between the old traditional life of the State, and the new conceptions of governmental relationships brought to the East from the West. No change, vii viii Preface whether in the nature of progression or retrogression, stands by itself, but each links itself naturally with the antecedent and the subsequent condition. That fact of itself justifies the attempt to trace the threads of constitutional development in modern China. The endeavor is further justified by the out standing importance to the world of the Far Eastern question which cannot be divorced from the internal history of China. The material for the first two chapters has been drawn largely from such authoritative secondary works as H. B. Morses International Relations of the Chinese Empire, Smiths China in Convulsion, and China under the Empress Dowager, by Bland and Backhouse 1910 edition. The succeeding chapters have been written from a study of the documents, and from knowledge of the situation gained dur ing residence in China. Where the interpretation of a fact or event has been given in the form of a quotation, it has been because the words quoted have expressed the point of view of the present writer. It is impossible here to make more than a general acknow ledgment of the aid given by friends both in China and the United States in the preparation of this study. Grateful acknowledgment is due, however, to the aid given and sug gestions made by Professors W. W. Willoughby and W. F. Willoughby, and Professor Henry Jones Ford, who read and criticised the entire manuscript to Dr. S. K. Hornbeck who read and gave valuable suggestions as to the first half of the book and to Professor E. S.Corwin. The writer is under a further debt of gratitude to his wife for her aid in the gather ing of materials, in the preparation of the manuscript, and in the reading of the proofs of the book. HAROLD MONK VINACKE. Oxford, Ohio, 8 August, 1920. CONTENTS Chapter I. The old order and the foreign impact. Chapter II. The Kang Yu-wei reform movement. Chapter III. Constitutional Development under the Man chus 1900 to 1908. Chapter IV. Constitutional Development under the Man chus. Second period 1908 to 1911. Chapter V. . Constitutional aspects of the Revolution...