The Fight for the Republic in China

by B. L. Putnam Weale

Meanwhile the veteran Dr. Wu Ting-fang, true to his faith, declared that no power on earth would cause him to sign a Mandate possessing no legality behind it; and he indeed obstinately resisted every attempt to seduce him. Although his resignation was refused he stood his ground manfully, and it became clear that some other expedient would have to be resorted to. In the small hours of the 13th June what this was was made clear: by a rapid reshuffling of the cards Dr. Wu Ting-fang's resignation was accepted and the general officer commanding the Peking Gendarmerie, a genial soul named General Chiang Chao-tsung, who had survived unscathed the vicissitudes of six years of revolution, was appointed to act in his stead and duly counter-signed the fateful Mandate which was at once printed and promulgated at four o'clock in the morning. It has been stated to the writer that had it not been so issued four battalions of Chang Hsun's savage pigtailed soldiery, who had been bivouacked for some days in the grounds of the Temple of Heaven, would have been let loose on the capital. The actual text of the Mandate proves conclusively that the President had no hand in its drafting—one argument being sufficient to prove that, namely the deliberate ignoring of the fact that Parliament had been called into being by virtue of article 53 of the Nanking Provisional Constitution and that under article 54 its specific duty was to act as a grand constitutional conference to draft and adopt the Permanent Constitution, article 55 furthermore giving Parliament the right summarily to amend the Provisional Constitution before the Promulgation of the permanent instrument, should that be necessary. Provisions of this sort would naturally carry no weight with generals of the type of Chang Hsun, of whom it is said that until recent years he possessed only the most elementary education; but it is a dismal thing to have to record that the Conservative Party in China should have adopted a platform of brute force in the year of grâce, 1917.

MANDATE DISSOLVING PARLIAMENT

In the 6th month of last year I promulgated a Mandate stating that in order to make a Constitution it was imperative that Parliament should be convened. The Republic was inaugurated five years ago and yet there was no Constitution, which should be the fundamental law of a nation, therefore it was ordered that Parliament be re-convened to make the Constitution, etc., at once.

Therefore the main object for the re-convocation of Parliament was to make a formal constitution for the country. Recently a petition was received from Meng En-yuen, Tu-chun of Kirin, and others, to the effect that "in the articles passed by the Constitution Conference there were several points as follows: 'when the House of Representatives passes a vote of want of confidence against the Cabinet Ministers, the President may dismiss the Cabinet Ministers, or dissolve the said House, but the dissolution of the House shall have the approval of the Senate.' Again, 'When the President dismisses his Prime Minister, it is unnecessary for him to secure the counter-signature of the Cabinet Ministers.' Again 'when a bill is passed by the Two Houses it shall have the force of the law.' We were surprised to read the above provisions.

"According to the precedents of other nations the Constitution has never been made by Parliament. If we should desire a good and workable Constitution, we should seek a fundamental solution. Indeed Parliament is more important than any other organ in the country; but when the national welfare is imperilled, we must take action. As the present Parliament does not care about the national welfare, it is requested that in view of the critical condition of the country, drastic measures be taken and both the House of Representatives and the Senate be dissolved so that they may be reorganized and the Constitution may be made without any further delay. Thus the form of the Republican Government be preserved, etc."

Of late petitions and telegrams have been received from the military and civil officials, merchants, scholars, etc., containing similar demands. The Senate and the House of Representatives have held the Constitution Conference for about one year, and the Constitution has not yet been completed. Moreover at this critical time most of the M.P.'s of both Houses have tendered their resignation. Hence it is impossible to secure quorums to discuss business. There is therefore no chance to revise the articles already passed. Unless means be devised to hasten the making of the Constitution, the heart of the people will never be satisfied.

I, the President, who desire to comply with the will of the populace and to consolidate the foundation of the nation, grant the request of the Tuchuns and the people. It is hereby ordered that the Senate and the House of Representatives be dissolved, and that another election be held immediately. Thus a Constitutional Government can be maintained. It must be pointed out that the object for the reorganization of Parliament is to hasten the making of the Constitution, and not to abolish the Legislative Organ of the Republic. I hope all the citizens of the Republic will understand my motives.

A great agitation and much public uneasiness followed the publication of this document; and the parliamentarians, who had already been leaving Peking in small numbers, now evacuated the capital en masse for the South. The reasonable and wholly logical attitude of the Constitutionalists is well-exhibited in the last Memorandum they submitted to the President some days prior to his decision to issue the Mandate above-quoted; and a perusal of this document will show what may be expected in the future. It will be noted that the revolting Military Governors are boldly termed rebels and that the constitutional view of everything they may contrive as from the 13th June, 1917, is that it will be bereft of all legality and simply mark a fresh interregnum. Furthermore, it is important to note that the situation is brought back by the Mandate of the 13th June to where it was on the 6th June, 1916, with the death of Yuan Shih-kai, and that a period of civil commotion seems inevitable.

MEMORANDUM

To the President: Our previous memorandum to Your Excellency must have received your attention. We now beg further to inform you that the rebels are now practically in an embarrassing predicament on account of internal differences, the warning of the friendly Powers, and the protest of the South-western provinces. Their position is becoming daily more and more untenable. If Your Excellency strongly holds out for another ten days or so, their movement will collapse.