The present time is thus one of preparation, as we have repeatedly and explicitly declared in several Decrees. It is therefore most essential to regard the stage of development of the people in order to judge whether the inauguration will come early or late. The Sovereign and the Ministers of State, the governing and the governed, all should diligently investigate the question and study it point by point, so that when constitutional government is established it may be for the general happiness and advantage of all. But wherever the Sovereign of any country has granted a Constitution, the chief power in most cases remains vested in the Throne, while the system of administration rests generally upon public opinion; but the practical working of the administration and the control of public opinion still remain under the sovereignty of the Throne, and meetings of the people, associations, and all expressions of thought, whether verbal or in writing, are subject to fixed legal limitations. No country has ever founded its Constitution by breaking all the restraints of duty and offending against the first principles of right; and, moreover, China hitherto has set a high value upon ceremonious conduct and courtesy, and has set up a high standard of social duty. In now choosing from what is best in the legal systems of other countries, our own social and religious obligations must be preserved.
The desire of the Throne to prepare for a Constitution is profound, but in the last years the gentry, merchants, scholars, and people of various provinces (though there have been, of course, plenty of dutiful and law-abiding exceptions) have shown a strong tendency towards frivolous and ill-considered criticisms and with a total ignorance of the subject to cry for constitutional rights over no matter what political question, domestic or foreign. By leading one another on to interfere, a hundred soon re-echo the words of and the mischief is reverberated from one mind to another, misrepresentation follows upon misrepresentation, and, as the days pass, more profound is the danger that this swarming mass of misstatement, by which white is turned to black, may burst forth into disorder. With the people usurping what the authorities let slip from their grasp, and with a reckless defiance of the social order, the foundation of constitutional government cannot but be impeded, and, with the general prospect of peaceful administration revolutionized by a spirit of disorder, the hope of a Constitution becomes even more remote, and the opportunity for consolidating the country passes still farther out of sight.
Now, popular feeling cannot, of course, be ignored, but the people must on no account give vent to their feelings by angry clamour. In a constitutional State the authorities and the people must loyally adhere to their respective functions and preserve a peaceful and harmonious attitude. The object of a Parliament is to choose what is good from the sentiments of the people, but those who elect parliamentary representatives as well as those who are elected as representatives have, severally, fixed rôles to play, and fixed rules are provided both for the assembling of deliberative associations and for their dismissal. The subjects which may be discussed are also confined within distinct limits and restricted by carefully drawn regulations. The various powers and functions being thus clearly defined, it is by no means the case that any individual is at liberty to discuss affairs, nor is it the case that every subject can be deliberated upon.
At present commands have been issued for the establishment in Peking of the "Tzu Cheng Yuan" (Senate), and in the provinces of the "Tzu Yi Chu" (Consultative Bureaux). These are intended to form the foundation of parliamentary institutions. In future the interests of the various provinces should be carefully investigated and discussed by the Consultative Bureaux, and if they arrive at any definite resolution they can request the high authorities of their province to communicate with the Senate and submit the matter for the consideration and action of that body. They must not, however, usurp powers which they do not possess and overstep their functions, thereby introducing confusion into governmental affairs. Still less may they provoke agitation by captious criticism and so disturb the peaceful administration of the country.
The Board of Laws and the Board of the Interior have already been commanded to frame satisfactory press laws without delay, and it is now commanded that the Office for the Investigation of Constitutional Reform shall co-operate with the Board of the Interior in drawing up rules in respect to the limitations to be observed by all Associations which concern themselves with political affairs, and to submit such rules, which shall be derived from Chinese and foreign legislation on this subject, for approval to the Throne at the earliest possible date. Should there be busybodies who meet together and instigate men's minds towards the outbreak of disorder, the law of the land is here, ready to deal with them, and they shall on no account be spared, but must be prevented and punished with the utmost rigour.
All Government Offices and Departments in Peking and the provinces are further commanded to see that their subordinates scrupulously observe and give effect to the provisions of this Decree. If they venture to neglect it, or fail to exact obedience there, and trouble develops in consequence, the Office or Department concerned will not be able to repudiate its direct responsibility.
(Translation.)
Inclosure 2 in No. 1.
Extract from the "Peking Gazette" of December 25, 1907.
DECREE ISSUED IN THE NAME OF THE EMPRESS DOWAGER.
THE State, for the encouragement of virtue and talent, has made selections from the administrative acts of former dynasties and from the established practices of foreign nations, and has inaugurated a series of graded schools.
Imperial orders have been issued to the high educational authorities to prepare careful Regulations and submit them for the Imperial sanction and subsequent promulgation by Edict.
Perseverance in the proper path has been encouraged, and much forethought has likewise been expended in the imposing of restrictive measures, as, for example, the prohibition to interfere in political matters, to stray into irrelevant issues, to form Associations, and to address public meetings; all of which have been strictly prohibited by proclamation.
It was our hope that the educated classes would keep themselves under proper discipline and devote themselves to the training of their minds. The State had thus formed the greatest expectations from these people. Of late years, however, there have been signs that the scholars have been going greatly astray in their conduct. It constantly occurs that they fail to concentrate their attention on their studies and to confine their efforts to becoming good Confucianists. They frequently step beyond their proper sphere, and interfere in external affairs. They heap contumely upon their officials and professors, and rebel against properly constituted authority. They infringe the precepts of Confucius, and make unauthorized changes in their curriculum and traditional costume. They dragoon their village communities, and, worse still, refuse to acknowledge the high provincial officials. They endeavour to force the Government to accede to their wishes in important affairs of State. They habitually send anonymous telegrams to the Council of State in the name of the whole school. Without weighing the merits of a case, they utter scurrilous criticisms, and by the force of their example lead the ignorant masses to adopt their views. Persons of bad character and malcontents seize such opportunities to incite disorder, to the great detriment of right principles and the disturbance of the popular mind.
Such practices as these have been unheard of in former times, and even heretofore in our own dynasty, while abroad evils of such a nature are unknown in schools.
Scholars form the highest of the four classes of the population. Whatever the attitude of the scholars, that also will be the attitude of the people. The people are bound to follow any evil practices the scholar section may inaugurate, and the effect of this on the whole question of government in the future will be hard to calculate. The only way to wean the scholars from their evil courses is to impose severer legislative measures.
Let, therefore, the Board of Education issue instructions to all offices concerned with educational affairs to publish restrictive Regulations and cause them to be very stringently enforced. Any omissions in existing rules dealing with the examination and supervision of scholars are to be filled in and such rules put strictly into force under due penalties.
The guidance of scholars is a duty shared by the Governor of Peking, the provincial Viceroys and Governors, and the Educational Commissioners. These officials are, however, in the habit of permitting the scholars to overstep their bounds and win applause by being faithless to their principles. In order to gain the good opinion of the scholars leniency is shown towards them, and talented men are ruined in the making.
Recently there have been many examples of schools both in the capital and in the provinces having assembled, created disturbances, and dispatched nonsensical telegrams.
Page 371
4+
The present time is thus one of preparation, as we have repeatedly and explicitly declared in several Decrees. It is therefore most essential to regard the stage of development of the people in order to judge whether the inauguration will come early or late. The Sovereign and the Ministers of State, the governing and the governed, all should diligently investigate the question and study it point by point, so that when constitutional government is established it may be for the general happiness and advantage of all. But wherever the Sovereign of any country has granted a Constitu- tion, the chief power in most cases remains vested in the Throne, while the system of administration rests generally upon public opinion; but the practical working of the administration and the control of public opinion still remain under the sovereignty of the Throne, and meetings of the people, associations, and all expressions of thought, whether verbal or in writing, are subject to fixed legal limitations. No country has ever founded its Constitution by breaking all the restraints of duty and offending against the first principles of right; and, moreover, China hitherto has set a high value upon ceremonious conduct and courtesy, and has set up a high standard of social duty. In now choosing from what is best in the legal systems of other countries, our own social and religions obligations must be preserved.
few
one,
The desire of the Throne to prepare for a Constitution is profound, but in the last years the gentry, merchants, scholars, and people of various provinces (though there have been, of course, plenty of dutiful and law-abiding exceptions) have shown a strong tendency towards frivolous and ill-considered criticisms and with a total ignorance of the subject to cry for constitutional rights over no matter what political question, domestic or foreign. By leading one another on to interfere, a hundred soon re-echo the words of and the mischief is reverberated from one mind to another, misrepresentation follows upon misrepresentation, and, as the days pass, more profound is the danger that this swarming mass of misstatement, by which white is turned to black, may burst forth into disorder. With the people usurping what the authorities let slip from their
grasp, and with a reckless defiance of the social order, the foundation of constitutional government cannot but be impeded, and, with the general prospect of peaceful adminis- tration revolutionized by a spirit of disorder, the hope of a Constitution becomes even more remote, and the opportunity for consolidating the country passes still farther out of sight.
Now, popular feeling cannot, of course, be ignored, but the people must on no account give vent to their feelings by angry clamour. In a constitutional State the authorities and the people must loyally adhere to their respective functions and preserve a peaceful and harmonious attitude. The object of a Parliament is to choose what is good from the sentiments of the people, but those who elect parliamentary repre- sentatives as well as those who are elected as representatives have, severally, fixed rôles to play, and fixed rules are provided both for the assembling of deliberative associations and for their dismissal. The subjects which may be discussed are also confined within distinct limits and restricted by carefully drawn regulations. The various powers and functions being thus clearly defined, it is by no means the case that any individual is at liberty to discuss affairs, nor is it the case that every subject can be deliberated upon.
At present commands have been issued for the establishment in Peking of the "Tzu Cheng Yuan" (Seuate), and in the provinces of the "Tzu Yi Chu" (Consultative Bureaux). These are intended to form the foundation of parliamentary institutions. In future the interests of the various provinces should be carefully investigated and discussed by the Consultative Bureaux, and if they arrive at any definite resolution they can request the high authorities of their province to communicate with the Senate and submit the matter for the consideration and action of that body. They must not, however, usurp powers which they do not possess and overstep their functions, thereby introducing confusion into governmental affairs. Still less may they provoke agitation by captious criticism and so disturb the peaceful administration of the country.
The Board of Laws and the Board of the interior have already been commanded to frame satisfactory press laws without delay, and it is now commanded that the Office for the Investigation of Constitutional Reform shall co-operate with the Board of the Interior in drawing up rules in respect to the limitations to be observed by all Associations which concern themselves with political affairs, and to submit such rules, which shall be derived from Chinese and foreign legislation on this subject, for approval to the Throne at the earliest possible date. Should there be busybodies who meet together and instigate men's minds towards the outbreak of disorder, the law of the land is here, ready to deal with them, and they shall on no account be spared, but must be prevented and punished with the utmost rigour.
All Government Offices and Departments in Peking and the provinces are further
commanded to see that their subordinates scrupulously observe and give effect to the provisions of this Decree.
If they venture to neglect it, or fail to exact obedience there, and trouble develops in consequence, the Office or Department concerned will not be able to repudiate its direct responsibility.
(Translation.)
Inclosure 2 in No. 1.
Extract from the "Peking Gazette" of December 25, 1907.
DECREE ISSUED IN THE NAME OF THE EMPRESS DOWAGER.
THE State, for the encouragement of virtue and talent, has made selections from the administrative acts of former dynasties and from the established practices of foreign nations, and has inaugurated a series of graded schools.
Imperial orders have been issued to the high educational authorities to prepare careful Regulations and submit them for the Imperial sanction and subsequent promul. gation by Edict.
Perseverance in the proper path has been encouraged, and much forethought has likewise been expended in the imposing of restrictive measures, as, for example, the prohibition to interfere in political matters, to strav into irrelevant issues, to form Associations, and to address public meetings; all of which have been strictly prohibited by proclamation.
their
It was our hope that the educated classes would keep themselves under proper discipline and devote themselves to the training of their minds. The State had thus formed the greatest expectations from these people. Of late years, however, there have been signs that the scholars have been going greatly astray in their conduct. It constantly occurs that they fail to concentrate their attention on their studies and to confine their efforts to becoming good Confucianists. They frequently step beyond proper sphere, and interfere in external affairs. They heap contumely upon their officials and professors, and rebel against properly constituted authority. They infringe the precepts of Confucius, and make unauthorized changes in their curriculum and traditional costume. They dragoon their village communities, and, worse still, refuse to acknowledge the high provincial officials. They endeavour to force the Government to accede to their wishes in important affairs of State. They habitually send anonymous telegrams to the Council of State" in the name of the whole school." Without weighing the merits of a case, they utter scurrilous criticisms, and by the force of their example lead the ignorant masses to adopt their views. Persons of bad character and malcontents seize such opportunities to incite disorder, to the great detriment of right principles and the disturbance of the popular mind.
Such practices as these have been unheard of in former times, and even heretofore in our own dynasty, while abroad evils of such a nature are unknown in schools.
Scholars form the highest of the four classes of the population. Whatever the attitude of the scholars, that also will be the attitude of the people. The people are bound to follow any evil practices the scholar section may inaugurate, and the effect of this on the whole question of government in the future will be hard to calculate. The only way to wean the scholars from their evil courses is to impose severer legislative
measures.
Lel, therefore, the Board of Education issue instructions to all offices concerned with educational affairs to publish restrictive Regulations and cause them to be very stringently enforced. Any omissions in existing rules dealing with the examination and supervision of scholars are to be filled in and such rules put strictly into force under due penalties.
The guidance of scholars is a duty shared by the Governor of Peking, the provincial Viceroys and Governors, and the Educational Commissioners. These officials are, however, in the habit of permitting the scholars to overstep their bounds and win applause by being faithless to their principles. In order to gain the good opinion of the scholars leniency is shown towards them, and talented men are ruined in the making.
Recently there have been many examples of schools both in the capital and in the provinces having assembled, created disturbances, and dispatched nonsensical telegrams.
371
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