FOOTNOTES:
[1] Lattimore, Owen, Inner Asian Frontiers of China, New York, 1940, p. 45 and passim. The author, a noted geographer, presents significant new analyses of the interconnections of Chinese economics and culture.
[2] Detailed descriptions of the political history of the period are to be found, inter alia, in Holcombe, Arthur N., The Chinese Revolution, Cambridge, 1930; MacNair, Harley F., China in Revolution, Chicago, 1931; and, most popularly, Escarra, Jean, China Then and Now, Peiping, 1940. Descriptions of the government are Wu Chih-fang, Chinese Government and Politics, Shanghai, 1934; Lum Kalfred Dip, Chinese Government, Shanghai, 1934; and Linebarger, Paul M. A., Government in Republican China, New York and London, 1938.
[3] This is given in the Chien Kuo Ta Kang (Outline of National Reconstruction), of April 12, XIII (1924), particularly points 3, 5, 6, 7, and 23. Translations are to be found in Hsü, Leonard Shihlien, Sun Yat-sen: His Political and Social Ideals, Los Angeles, 1933, and Wu Chih-fang, work cited, p. 430 ff.
[4] For the text of this constitution, see Wu Chih-fang, cited, p. 430 ff.
[5] In particular, see Freyn, Hubert, Prelude to War: The Chinese Student Rebellion of 1935-1936, Shanghai, 1939. Reference to contemporary Left-liberal and Left publications in Europe and America will disclose numerous sympathetic eyewitness accounts of the troubles and the fortitude of the students. Some of these accounts now possess a wry, inadvertent humor in their characterization of Chiang as a willing accomplice of Japan.
[6] For the Generalissimo's own diary of the kidnapping, together with a narrative by his wife, see Chiang, Mme. Mayling Soong, Sian: A Coup d'Etat, bound with Chiang K'ai-shek, A Fortnight in Sian: Extracts from a Diary, Shanghai, 1938. The Chinese edition of this appeared as Chiang Wei-yüan-chang [Chairman Chiang], Hsi-an Pan Yüeh-chi [A Fortnight's Diary from Sian], Shanghai, XXVI (1937). A first-hand Western account is Bertram, James M., First Act in China, New York, 1938. Edgar Snow, in Red Star over China, New York, 1938, p. 395 ff., gives an account sympathetic to the Left; Harold Isaacs, in The Tragedy of the Chinese Revolution, London, 1938, p. 445 ff., presents a penetrating Trotskyist critique. An excellent factual summary of this crucial year, written by a well-known writer who visited the scene at first hand, is to be found in Bisson, T. A., Japan in China, New York, 1938.
[7] "War" used to mean the reciprocal application of violence by public, armed bodies; private and informal homicide was termed "murder" or was otherwise clearly designated. Today these distinctions are less clear. The author must enter a caveat lector: no term is employed in other than a general (i.e., literary) meaning, except upon special notice. The Sino-Japanese hostilities differ greatly from war in several interesting but technical respects; they are a very special Japanese invention. Yet it would be cumbersome to refer to Chinese changes in Conflict-time, or to speak meticulously of armies engaged in an Incident.
[8] See Council of International Affairs, The Chinese Year Book, 1938-39 [Hong Kong], 1939; article by Chu Chia-hua, "Consolidation of Democracy in China," Chapter IV; "Reconciliation with the Communists," p. 339-40. This Council is an informal and extra-legal offshoot of the Chinese Ministry of Foreign Affairs; accordingly the annual, rich in official materials, provides insufficient data on Communist, guerrilla, and unofficial activities. See also, Epstein, I., The People's War [Shanghai], 1939, p. 88 ff., for an excellent, clear account of this period.
[9] See below, p. [193]. See also Taylor, George E., The Struggle for North China, New York, 1940, in the Inquiry Series of the Institute of Pacific Relations.
[10] See Epstein, I., work cited, p. 235 ff. and The Chinese Year Book 1938-39, cited, article by the late P. C. Nyi, "Plans for Political and Economic Hegemony in China"; this includes a full administrative description of the Border Region, p. 254 ff. The North China zone is arbitrarily translated "Border Region," to distinguish it from the quondam Chinese Soviet Republic in the Northwest, translated as "Frontier Area."
[12] See chart on p. [47]. Descriptions of the pre-war Central Political Council are to be found in the texts cited on p. 5, n. 2, and in the first two issues of The Chinese Year Book, 1935-36 and 1936-37, Shanghai, passim.
[14] See below, p. [69]. This is to be distinguished from the various constitutional conventions, the proposed national congress (kuo-min ta-hui) which exists only in contemplation of the constitutional drafters, and the Kuomintang Party Congress.
[15] An engrossing first-hand account of this is to be found in Hino, Ashihei, Sea and Soldiers, Tokyo, 1940. This, with its three companion volumes, Mud and Soldiers, Flower and Soldiers, and Barley and Soldiers, Tokyo, 1939 and 1940, forms an eloquent, humane, sensitive narrative of a young Japanese writer serving with the Imperial forces in China. The series ranks with the great narratives of the European war of 1914-18, and expresses the Japanolatrist devoutness, the naïveté, and bewildering courage of much of the Japanese infantry, but does so through the medium of a literary craftsmanship rare in any army.
[16] The literature of the war and of the struggles of Free China has already reached an enormous extent. The present work makes no attempt to present a step-by-step account of the interplay of personal politics, the progress of the armies, or to provide a first-hand personal account. Observers other than the author have presented these topics exceedingly well. A few of the outstanding works may be mentioned, however; a Shanghai press line usually signifies that the book was reprinted there from a British or North American edition. Epstein, I., The People's War, London, 1939, is a spirited, detailed account of development down to the spring of 1939, particularly useful for the New Fourth Army and the Border Region. Among accounts of the war are Bertram, J. M., Unconquered, New York, 1939; Oliver, Frank, Special Undeclared War, London, 1939, containing interesting accounts, in particular, of Japanese military and political behavior in China. Andersson, J. G., China Fights for the World [Shanghai], 1939; Utley, Freda, China at War [Shanghai], 1939, a significant personal account with special interest for the Hankow period; Mowrer, Edgar, Mowrer in China, Harmondsworth (England), 1938, published in America as The Dragon Wakes, New York, 1939; Booker, Edna Lee, News Is My Job [Shanghai], 1940, a reminiscent anecdotage; Lady Hosie, Brave New China, [Shanghai], n.d., a far more informed work than most of the autobiographical accounts, by the daughter and widow of two British Orientalists, herself a distinguished literary writer on China. On the North China situation, four popular works stand out: Snow, Edgar, Red Star Over China, New York, 1938, the great "scoop" on the Communists; and three other books based on first-hand reconnaissance: Bisson, T. A., work cited above; Hanson, Haldore, "Humane Endeavour" [Shanghai], n.d.; and Carlson, Evans Fordyce, Twin Stars of China, New York, 1940, the work of the U. S. Marine Corps Observer in the guerrilla area, unique in its value as professional military interpretation. Gunther, John, Inside Asia, New York, 1939, contains much of great interest. Very special viewpoints are represented in the account of a National-Socialist German observer, Urach, Fürst A., Ostasien, Kampf um das Kommende Grossreich, Berlin, 1940; the commentary of two British poets, Auden, W. H., and Isherwood, Christopher, Journey to a War, New York, 1939; and the reportage of a distinguished Soviet fellow-traveller, Strong, Anna Louise, One-Fifth of Mankind, New York, 1938.
Chapter I
THE CONSTITUTION
The constitutional system, basic in most Western states, plays a peculiar, subordinate role in China. Consideration of the issue of constitutionalism high-lights the most practical aspects of the issues of full democracy. Although the purely legal aspects of constitutional development are still unimportant in the internal power politics of China, further constitutional development involves a very real shift in the domestic balance of power. The fullness of national unity, and therefore the effectiveness of resistance against Japan, depend in part on the successful solution or compromise of the problems of constitutionalism.
Ever since the beginnings of political modernization in China, demands for constitutional government have included a written constitution as an imperative prerequisite. The formidable Empress Dowager was troubled in her last days by the Imperial constitution, a rather unimaginative plagiarism of the Japanese Constitution of 1889. Since the Republic began in 1912, China has continued constitutional drafting, amendment, replacement, and suppression; many of these constitutions have gone into legal effect. Law being what it was, practical politics flowed on untroubled.[1] Only with the establishment of the National Government at Nanking did constitutional structure and actual government develop similarities.
The Yüeh Fa of 1931
In 1931, after three years' operation under an Organic Law, the National Government adopted the Yüeh Fa (Provisional Constitution),[2] designed to cover the period between the first stage of the revolution, military conquest, and the final one of constitutional government. This intermediate period was formally labelled the stage of political tutelage, although in fact the military unification of the country continued. The Provisional Constitution, designed for five years' use, has continued in force to the present (March 1941). It possesses the merit of attempting to make actual practice and constitutional form correspond. Grandiloquent, unenforceable provisions concerning elections are omitted, and full exercise of the powers of sovereignty are frankly entrusted to the tutelary Party, the Kuomintang. Such a constitution, formally making the Kuomintang different from and higher than any other party in China—and, for all that, in the world, since the Fascist, National Socialist, and Communist parties are not formally the constitutional superiors of their respective governments—and giving the Party unrestricted authority, has provided China with government realistic if not libertarian.
The constitutional basis of the present Party-dictatorship in China is well summarized by the distinguished constitutional commentator, Dr. Wang Shih-chieh:
According to Sun Chung-shan's[3] Chien-kuo Ta-kang [Outlines of National Reconstruction], China should pass through a period of political tutelage under the Chinese Kuomintang,[4] before the stage of constitutional government be reached. The National Government is merely an organization through which a true republic may be formed. Hence, in order to demonstrate the structure of the National Government clearly, we must first understand the meaning of tang chih [party government].
"Party government," so-called, signifies that the whole system of government is under the control or dictatorship of one political party only. The only difference between party government and dictatorship is that the former is under the dictatorship of an entire political party, while the latter is under that of a single person. Party government is of course different from democracy, inasmuch as with democracy, all policies are to be decided by the entire body of citizens, while with party government, policies are to be decided by all the members of the particular party only. In other words, the entire party as one man can exercise political dictatorship, without taking into consideration the opinions of those who are not the members of the party. Any resolution passed by that party is considered a law not only in fact, but sometimes even in name; moreover, the party may cancel or change a law by a resolution passed in a meeting.
The above-mentioned points are phenomena common to countries under party governments.
After the Chinese Kuomintang has come into power, the system of party government is not only a fact, but even prescribed in laws. The Laws Governing the System of Organization of the National Government of the Republic of China promulgated for the first time on July 1, Year XIV (1925) were originally formulated by the Political Council of the Chinese Kuomintang. Article I in this code of laws provided: "The National Government discharges all the political affairs of the entire country, under the direction and superintendency of the Chinese Kuomintang." The said code has been constantly amended since its first promulgation, but this article has always remained unchanged. By the summer of Year XVII (1928), when the successful Northern Expedition undertaken by the National Revolutionary Army unified China under one government, the period of political tutelage of the Chinese Kuomintang began with the formulation and promulgation of the Outlines of Political Tutelage on October 3, Year XVII (1928). Article I of the said "Outlines" provided: "During the period of political tutelage of the Republic of China, the National Party Congress of the Chinese Kuomintang will take the place of the National Convention to lead the people and enforce all policies." By the beginning of June, in Year XX (1931), when the Provisional Constitution for the period of political tutelage was promulgated, the Outlines of Political Tutelage were again formed into a part of the Provisional Constitution, thereby giving party government a constitutional recognition. Besides the Outlines of Political Tutelage, Article 72 ("The National Government [Council of State] has a President and a certain number of state councillors, appointed by the Central Executive Committee of the Chinese Kuomintang."), and Article 58 ("The Central Executive Committee of the Chinese Kuomintang is vested with the power of interpreting this Provisional Constitution.") of the Provisional Constitution, and Article 10 ("The National Government has a President, twenty-four to thirty-six state councillors, a President and a Vice-President of every Yüan, appointed by the Central Executive Committee of the Chinese Kuomintang."), and Article 15 ("Before the promulgation of the Constitution, the Executive, Legislative, Judicial, Examination and Control Yüan will each be responsible to the Central Executive Committee of the Chinese Kuomintang.") of the Laws Governing the System of Organization of the National Government (December 30, Year XX [1931]) now being enforced, form the legal basis for party government.[5]
Under Kuomintang trusteeship, demands have been heard within and without the Party, for the promised abdication of the Party and for the initiation of popular government. Since the Kuomintang, unlike European one-party groups, established itself only for the formal purpose of democratic training, and was pledged to tolerate multi-party government as soon as possible, the continued monopoly of power was a frustration of the Party ideology and programs. The frustration was serious; involving much loss of popular sympathy for the government, this and appeasement rather demoralized the Party in the years preceding the invasion.