Chapter XXIII: Appendix: Documents in Group I

(1) The so-called Nineteen Articles, being the grant made by the Throne after the outbreak of the Wuchang Rebellion in 1911 in a vain attempt to satisfy the nation.

(2) The Abdication Edicts issued on the 12th February, 1912, endorsing the establishment of the Republic.

(3) The terms of abdication, generally referred to as "The articles of Favourable Treatment," in which special provision is made for the "rights" of Manchus, Mongols, Mohammedans and Tibetans, who are considered as being outside the Chinese nation.

THE NINETEEN ARTICLES

1. The Ta-Ching Dynasty shall reign for ever.

2. The person of the Emperor shall be inviolable.

3. The power of the Emperor shall be limited by a Constitution.

4. The order of the succession shall be prescribed in the Constitution.

5. The Constitution shall be drawn up and adopted by the National Assembly, and promulgated by the Emperor.

6. The power of amending the Constitution belongs to Parliament.

7. The members of the Upper House shall be elected by the people from among those particularly eligible for the position.

8. Parliament shall select, and the Emperor shall appoint, the Premier, who will recommend the other members of the Cabinet, these also being appointed by the Emperor. The Imperial Princes shall be ineligible as Premier, Cabinet Ministers, or administrative heads of provinces.

9. If the Premier, on being impeached by Parliament, does not dissolve Parliament he must resign but one Cabinet shall not be allowed to dissolve Parliament more than once.

10. The Emperor shall assume direct control of the army and navy, but when that power is used with regard to internal affairs, he must observe special conditions, to be decided upon by Parliament, otherwise he is prohibited from exercising such power.

11. Imperial decrees cannot be made to replace the law except in the event of immediate necessity in which case decrees in the nature of a law may be issued in accordance with special conditions, but only when they are in connection with the execution of a law or what has by law been delegated.

12. International treaties shall not be concluded without the consent of Parliament, but the conclusion of peace or a declaration of war may be made by the Emperor if Parliament is not sitting, the approval of Parliament to be obtained afterwards.

13. Ordinances in connection with the administration shall be settled by Acts of Parliament.

14. In case the Budget fails to receive the approval of Parliament the Government cannot act upon the previous year's Budget, nor may items of expenditure not provided for in the Budget be appended to it. Further, the Government shall not be allowed to adopt extraordinary financial measures outside the Budget.

15. Parliament shall fix the expenses of the Imperial household, and any increase or decrease therein.

16. Regulations in connection with the Imperial family must not conflict with the Constitution.

17. The two Houses shall establish the machinery of an administrative court.

18. The Emperor shall promulgate the decisions of Parliament.

19. The National Assembly shall act upon Articles 8, 9, 10, 12, 13, 14, 15 and 18 until the opening of Parliament.

EDICTS OF ABDICATION

I

We (the Emperor) have respectfully received the following Imperial Edict from Her Imperial Majesty the Empress Dowager Lung Yu:--

As a consequence of the uprising of the Republican Army, to which the different provinces immediately responded, the Empire seethed like a boiling cauldron and the people were plunged into utter misery. Yuan Shih-kai was, therefore, especially commanded some time ago to dispatch commissioners to confer with the representatives of the Republican Army on the general situation and to discuss matters pertaining to the convening of a National Assembly for the decision of the suitable mode of settlement has been discovered. Separated as the South and the North are by great distances, the unwillingness of either side to yield to the other can result only in the continued interruption of trade and the prolongation of hostilities, for, so long as the form of government is undecided, the Nation can have no peace. It is now evident that the hearts of the majority of the people are in favour of a republican form of government: the provinces of the South were the first to espouse the cause, and the generals of the North have since pledged their support. From the preference of the people's hearts, the Will of Heaven can be discerned. How could We then bear to oppose the will of the millions for the glory of one Family! Therefore, observing the tendencies of the age on the one hand and studying the opinions of the people on the other, We and His Majesty the Emperor hereby vest the sovereignty in the People and decide in favour of a republican form of constitutional government. Thus we would gratify on the one hand the desires of the whole nation who, tired of anarchy, are desirous of peace, and on the other hand would follow in the footsteps of the Ancient Sages, who regarded the Throne as the sacred trust of the Nation.

Now Yuan Shih-kai was elected by the Tucheng-yuan to be the Premier. During this period of transference of government from the old to the new, there should be some means of uniting the South and the North. Let Yuan Shih-kai organize with full powers a provisional republican government and confer with the Republican Army as to the methods of union, thus assuring peace to the people and tranquillity to the Empire, and forming the one Great Republic of China by the union as heretofore, of the five peoples, namely, Manchus, Chinese, Mongols, Mohammedans, and Tibetans together with their territory in its integrity. We and His Majesty the Emperor, thus enabled to live in retirement, free from responsibilities, and cares and passing the time in ease and comfort, shall enjoy without interruption the courteous treatment of the Nation and see with Our own eyes the consummation of an illustrious government. Is not this highly advisable?

Bearing the Imperial Seal and Signed by Yuan Shih-kai, the Premier;

Hoo Wei-teh, Acting Minister of Foreign Affairs;

Chao Ping-chun, Minister of the Interior;

Tan Hsuch-heng, Acting Minister of Navy;

Hsi Yen, Acting Minister of Agriculture, Works and Commerce;

Liang Shih-yi, Acting Minister of Communications;

Ta Shou, Acting Minister of the Dependencies. 25th day of the 12th moon of the 3rd year of Hsuan Tung.

II

We have respectfully received the following Imperial Edict from Her Imperial Majesty the Empress Dowager Lung Yu:--

On account of the perilous situation of the State and the intense sufferings of the people, We some time ago commanded the Cabinet to negotiate with the Republican Army the terms for the courteous treatment of the Imperial House, with a view to a peaceful settlement. According to the memorial now submitted to Us by the Cabinet embodying the articles of courteous treatment proposed by the Republican Army, they undertake to hold themselves responsible for the perpetual offering of sacrifices before the Imperial Ancestral Temples and the Imperial Mausolea and the completion as planned of the Mausoleum of His Late Majesty the Emperor Kuang Hsu. His Majesty the Emperor is understood to resign only his political power, while the Imperial Title is not abolished. There have also been concluded eight articles for the courteous treatment of the Imperial House, four articles for the favourable treatment of Manchus, Mongols, Mohammedans, and Tibetans. We find the terms of perusal to be fairly comprehensive. We hereby proclaim to the Imperial Kinsmen and the Manchus, Mongols, Mohammedans, and Tibetans that they should endeavour in the future to fuse and remove all racial differences and prejudices and maintain law and order with united efforts. It is our sincere hope that peace will once more be seen in the country and all the people will enjoy happiness under a republican government.

Bearing the Imperial Seal and Signed by Yuan Shih-kai, the Premier;

Hoo Wei-teh, Acting Minister of Foreign Affairs;

Chao Ping-chun, Minister of the Interior;

Tan Hsuen-heng, Acting Minister of the Navy;

Hsi Yen, Acting Minister of Agriculture, Works and Commerce;

Liang Shih-yi, Acting Minister of Communications;

Ta Shou, Acting Minister of the Dependencies. 25th day of the 12th moon of the 3rd year of Hsuan Tung.

III

We have respectfully received the following Edict from Her Imperial Majesty the Empress Dowager Lung Yu:--

In ancient times the ruler of a country emphasized the important duty of protecting the lives of his people, and as their shepherd could not have the heart to cause them injury. Now the newly established form of government has for its sole object the appeasement of the present disorder with a view to the restoration of peace. If, however, renewed warfare were to be indefinitely maintained, by disregarding the opinion of the majority of the people, the general condition of the country might be irretrievably ruined, and there might follow mutual slaughter among the people, resulting in the horrible effects of a racial war. As a consequence, the spirits of Our Imperial Ancestors might be greatly disturbed and millions of people might be terrorized. The evil consequences cannot be described. Between the two evils, We have adopted the lesser one. Such is the motive of the Throne in modelling its policy in accordance with the progress of time, the change of circumstances, and the earnest desires of Our People. Our Ministers and subjects both in and out of the Metropolis should, in conformity with Our idea, consider most carefully the public weal and should not cause the country and the people to suffer from the evil consequences of a stubborn pride and of prejudiced opinions.

The Ministry of the Interior, the General Commandant of the Gendarmerie, Chiang Kuei-ti, and Feng Kuo-chang, are ordered to take strict precautions, and to make explanations to the peoples so clearly and precisely as to enable every and all of them to understand the wish of the Throne to abide by the ordinance of heaven, to meet the public opinion of the people and to be just and unselfish.

The institution of the different offices by the State has been for the welfare of the people, and the Cabinet, the various Ministries in the Capital, the Vice-royalties, Governorships, Commissionerships, and Taotaiships, have therefore been established for the safe protection of the people, and not for the benefit of one man or of one family. Metropolitan and Provincial officials of all grades should ponder over the present difficulties and carefully perform their duties. We hereby hold it the duty of the senior officials earnestly to advise and warn their subordinates not to shirk their responsibilities, in order to conform with Our original sincere intention to love and to take care of Our people.

Bearing the Imperial Seal and Signed by Yuan Shih-kai, the Premier;

Hoo Wei-teh, Minister of Foreign Affairs;

Chao-ping-chun, Minister of the Interior;

Tan Hseuh-heng, Acting Minister of the Navy;

Hsi Yen, Acting Minister of Agriculture, Works and Commerce;

Liang Shih-yi, Acting Minister of Communications;

Ta Shou, Acting Minister of the Dependencies.

25th day of the 12th moon of the 3rd year of Hsuan Tung.

TERMS OF ABDICATION

N.B. These terms are generally referred to in China as "The Articles of Favourable Treatments."

A.--Concerning the Emperor.

The Ta Ching Emperor having proclaimed a republican form of government, the Republic of China will accord the following treatment to the Emperor after his resignation and retirement.

Article 1. After abdication the Emperor may retain his title and shall receive from the Republic of China the respect due to a foreign sovereign.

Article 2. After the abdication the Throne shall receive from the Republic of China an annuity of Tls. 4,000,000 until the establishment of a new currency, when the sum shall be $4,000,000.

Article 3. After abdication the Emperor shall for the present be allowed to reside in the Imperial Palace, but shall later remove to the Eho Park, retaining his bodyguards at the same strength as hitherto.

Article 4. After abdication the Emperor shall continue to perform the religious ritual at the Imperial Ancestral Temples and Mausolea, which shall be protected by guards provided by the Republic of China.

Article 5. The Mausoleum of the late Emperor not being completed, the work shall be carried out according to the original plans, and the services in connexion with the removal of the remains of the late Emperor to the new Mausoleum shall be carried out as originally arranged, the expense being borne by the Republic of China.

Article 6. All the retinue of the Imperial Household shall be employed as hitherto, but no more eunuchs shall be appointed.

Article 7. After abdication all the private property of the Emperor shall be respected and protected by the Republic of China.

Article 8. The Imperial Guards will be retained without change in members or emolument, but they will be placed under the control of the Department of War of the Republic of China.

B.--Concerning the Imperial Clansmen.

Article 1. Princes, Dukes and other hereditary nobility shall retain their titles as hitherto.

Article 2. Imperial Clansmen shall enjoy public and private rights in the Republic of China on an equality with all other citizens.

Article 3. The private property of the Imperial Clansmen shall be duly protected.

Article 4. The Imperial Clansmen shall be exempt from military service.

C.--Concerning Manchus, Mongols, Mohammedans and Tibetans.

The Manchus, Mongols, Mohammedans and Tibetans having accepted the Republic, the following terms are accorded to them:--

Article 1. They shall enjoy full equality with Chinese.

Article 2. They shall enjoy the full protection of their private property.

Article 3. Princes, Dukes and other hereditary nobility shall retain their titles as hitherto.

Article 4. Impoverished Princes and Dukes shall be provided with means of livelihood.

Article 5. Provision for the livelihood of the Eight Banners, shall with all dispatch be made, but until such provision has been made the pay of the Eight Banners shall be continued as hitherto.

Article 6. Restrictions regarding trade and residence that have hitherto been binding on them are abolished, and they shall now be allowed to reside and settle in any department or district.

Article 7. Manchus, Mongols, Mohammedans and Tibetans shall enjoy complete religious freedom.

DOCUMENTS IN GROUP II

(1) The Provisional Constitution passed at Nanking in January, 1912.

(2) The Presidential Election Law passed on the 4th October, 1913, by the full Parliament, under which Yuan Shih Kai was elected President,--and now formally incorporated as a separate chapter in the Permanent Constitution.

(3) The Constitutional Compact, promulgated on 1st May, 1914. This "law" which was the first result of the coup d'etat of 4th November, 1913, and designed to take the place of the Nanking Constitution is wholly illegal and disappeared with the death of Yuan Shih Kai.

(4) The Presidential Succession Law. This instrument, like the Constitutional Compact, was wholly illegal and drawn up to make Yuan Shih Kai dictator for life.

THE PROVISIONAL CONSTITUTION OF THE REPUBLIC OF CHINA

Passed at Nanking in 1912, currently referred to as the old Constitution

CHAPTER I.--GENERAL PROVISIONS

Article 1. The Republic of China is composed of the Chinese people.

Art. 2. The sovereignty of the Chinese Republic is vested in the people.

Art. 3. The territory of the Chinese Republic consists of the 18 provinces, Inner and Outer Mongolia, Tibet and Ching-hai.

Art. 4. The sovereignty of the Chinese Republic is exercised by the National Council, the Provisional President, the Cabinet and the Judiciary.