CHAPTER IX

CONSTITUTIONAL IMPERIALISM

OUTLINE OF TOPICS: The "Charter Oath" of Japan; popular agitation; promise of a national assembly; a red-letter year; the "Magna Charta" of Japan; Imperial prerogatives; personality of Emperor and Empress; Crown Prince and Princess; Imperial grandchildren; Privy Council; Imperial Cabinet; Departments of State; sundry comments; House of Peers; House of Commons; some "firsts"; rights and duties of subjects; criticisms of Japanese politics; popular rights; personnel of two Houses; cabinet responsibility; political parties; persons and principles; constitutional system satisfactory. — Bibliography.

W

HEN the Revolution, or Restoration, of

1868 ended the usurpation, and overthrew the despotism of the Shōgun, the young Emperor, Mutsuhito, restored to his ancestral rights as the actual sole ruler of the empire, took solemn oath that "a deliberative assembly should be formed; all measures be decided by public opinion; the uncivilized customs of former times should be broken through; the impartiality and justice displayed in the workings of nature be adopted as a basis of action; and that intellect and learning should be sought for throughout the world, in order to establish the foundations of the empire." In that same year an assembly of representatives of the clans was called to meet in the capital, and was given the title

of Shugi-in (House of Commons). It consisted of samurai (knights) from each clan; and as they were appointed by each daimyō (prince), the body was a purely feudal, and not at all a popular, assembly. In 1871 feudalism was abolished, and later a senate was established; but that was an advisory body, consisting of officials appointed by the Emperor and without legislative power. In 1875 the Emperor convoked a council of the officers of the provincial governments with a purpose stated as follows: "We also call a council of the officials of our provinces, so that the feelings of the people may be made known and the public welfare attained. By these means we shall gradually confer upon the nation a constitutional form of government. The provincial officials are summoned as the representatives of the people in the various provinces, that they may express their opinion on behalf of the people."

But a body so constituted and rather conservative could not satisfy the demands of the new age. Itagaki (now Count) insisted that the government should "guarantee the establishment of a popular assembly," and organized societies, or associations, for popular agitation of the subject. Petitions and memorials poured in upon the government, within whose circles Okuma (now Count), Minister of Finance, was most active in the same direction. the mean time (1878) provincial assemblies, the members of which were chosen by popular election, had been established as a preparatory measure.

In

It was on October 12, 1881, that the Emperor issued his memorable proclamation that a National Assembly should be opened in 1890. That proclaImation read as follows:

"We therefore hereby declare that we shall, in the 23rd year of Meiji, establish a Parliament, in order to carry into full effect the determination we have announced, and we charge our faithful subjects bearing our commissions to make, in the mean time, all necessary preparations to that end. With regard to the limitations upon the Imperial prerogative, and the constitution of the Parliament, we shall decide hereafter, and shall make proclamation in due time.”

From that time on there was progress, "steadily, if slowly, in the direction of greater decentralization and broader popular prerogative.

The year 1889 was a red-letter year in the calendar of Japan's political progress. On February 11 was promulgated that famous document1 which took Japan forever out of the ranks of Oriental despotisms and placed her among constitutional monarchies; and on April 1 the law of local self-government for city, town, and village went into effect.

The Japanese Constitution has very appropriately been called "the Magna Charta of Japanese liberty." It was not, however, like the famous English document, extorted by force from an unwilling monarch and a cruel tyrant, but was voluntarily granted by a kind and loved ruler at the expense of his inherited

1 Drawn up by Count (now Marquis) Ito, Messrs. Kaneko and Suyematsu (now Barons), and others.

and long-established rights. The present Emperor holds the throne according to the native tradition, perpetuated even in the language of the Constitution, by virtue of a "lineal succession unbroken for ages eternal.” But even though rigid criticism compels us to reject as more or less mythological the so-called "history" of about 1,000 years; and although Mutsuhito, therefore, may not be really the 122d ruler of the line from the Japanese Romulus (Jimmu), nevertheless he remains the representative of the oldest living dynasty in the world. If, then, time is a factor in confirming the claims and rights of a ruler, no king or emperor of the present day has a better title. And yet this man, born and bred in the atmosphere of Oriental absolutism and despotism, “in consideration of the progressive tendency of the course of human affairs, and in parallel with the advance of civilization," 1 voluntarily and generously admits his people to a share in the administration of public affairs.

That important document, which signs away such strongly acquired and inherited prerogatives, at the outset, however, seems far from generous. The Emperor, "sacred and inviolate," is "the head of the empire," combining in himself the rights of sovereignty; but he "exercises them according to the provisions of the Constitution." It is only "in consequence of an urgent necessity to maintain public safety or to avert public calamities," that the

1 This and following quotations are from the Constitution itself.

Emperor, "when the Imperial Diet is not sitting," may issue "Imperial Ordinances in place of law." But these ordinances must be approved by the Imperial Diet at its next session, or become "invalid for the future." To the Emperor is reserved the function of issuing ordinances necessary for carrying out the laws passed by the Diet or for the maintenance of public peace and order; but "no Ordinance shall in any way alter any of the existing laws." The Emperor also determines the organization of the various branches of the government, appoints and dismisses all officials, and fixes their salaries. Moreover, he has "the supreme command of the army and navy," whose organization and peace standing he determines; "declares war, makes peace, and concludes treaties"; confers titles of nobility, rank, orders, and other marks of honor"; and "orders amnesty, pardon, commutation of punishments and rehabilitation."

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Now it must be quite evident to the most casual reader that, in carrying out this Constitution, patterned after that of Germany, much depends upon the Emperor and his personality. One, like Kōmei (the father of the present Emperor), bigoted and intent upon resisting any infringement, to the slightest degree, upon his "divine rights," could create a great deal of friction in the administration of affairs. But, fortunately for Japan and the world, Mutsuhito is not at all inclined to be narrow-minded, selfish, and despotic, but is graciously pleased to be the