The government, so long an absolute despotism, is about to become a constitutional monarchy. In 1898 the emperor, under the influence of some radical reformers, prepared a program almost revolutionary in its character. Recognizing that his aunt, the dowager empress, would oppose him, he prepared to put her under guard while the change was being made, but the old lady, learning of his plan, promptly took him in hand and made him a prisoner in his own palace. Since that time she has been the unquestioned ruler of the empire, the nominal emperor affixing his signature to the papers which she prepares. But so rapidly has the situation developed that she is now instituting the very reforms for the suggestion of which she so recently imprisoned her nephew. A commission of prominent officials is now abroad, some in Europe, some in America, studying the constitutions and governmental institutions of other countries. What a concession, when we remember the self-sufficiency of China, the characterization of surrounding nations as "rude tribes" and the use of the term "barbarians" to designate even those with whom she made treaties!
It is reported that the dowager-empress recently called her councilors together and asked how long it would take to establish a constitutional government. When told that it would probably require twelve or fifteen years, she replied that it must be done sooner than that as she could not hope to live much longer, and wanted it in operation before she died. Whether she appreciates the full importance of the change may be doubted, but the fact that the great nations, with the exception of Russia, have constitutions, has doubtless made its impression upon her; and Russia's defeat at the hands of the Japanese, coupled with present internal disturbances in the czar's domain, contains its lesson.
As early as 1901, a commission was appointed to examine and report on all proposed measures affecting the organization and administration of the government, and in 1904 a general assembly of the ministers of the principal boards was provided for. While these newly created bodies have no legislative power, they indicate the trend toward a more popular government. The constitution, when adopted, as it ultimately will be, will inaugurate a parliamentary system. There is, therefore, a distinct advance along governmental lines, and this in itself means much for China and for the outside world.
The criminal code is also being revised. The Hon. Wu Ting Fang, former minister to the United States and now vice-president of the board of foreign affairs, has been made a member of the board of punishments. He and Shen Chia Pen, the vice-president of the board of punishments, have by imperial decree been intrusted with the revision and codifying of the laws of China. They have established a bureau with a staff of secretaries and translators and have spent two years in the examination of the civil and criminal codes of the different countries in order to select laws which are applicable to the conditions existing in China. Ex-Minister Wu has taken a deep interest in this subject and kindly furnished me with the following list of reforms to which the imperial sanction has been secured:
VICEROY CHANG CHIH TUNG
1. Ling Chi, slow death by slicing to pieces, has been abolished. It was the punishment formerly prescribed for one found guilty of paricide, high treason, wilful murder of husband (the murder of husband by wife was according to Chinese law a much graver offense than the murder of wife by husband).
2. The heads of criminals were formerly exposed to the public after execution. This has also been abolished.