Mr. Hubbard to Mr.
Bayard.
Legation of
the United States,
Tokio, February 14, 1889.
(Received March 12.)
No. 547.]
Sir: I have the honor to transmit official copies
of the constitution of Japan, with accompanying papers, consisting of
“Imperial speech on the promulgation of the constitution;” “Imperial oath at
the sanctuary
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of the Imperial
palace;” “Imperial ordinance concerning the House of Peers;” “Law of the
houses;” “The law of finance;” “Law of election for the members of the House
of Representatives,” and “Appendix of the law of election for the members of
the House of Representatives.”
Inasmuch as the Department of State will give to this constitution and
accompanying papers an earnest and patient examination before forming a
final judgment as to their merits, any attempted synopsis or discussion by
me is unnecessary in the premises.
On the 11th February, at 10 o’clock a. m., the constitution was promulgated
by his majesty the Emperor in the throne-room of the new palace with
suitable and most imposing ceremonies. The diplomatic corps attended the
ceremony at the express invitation of his majesty, and occupied a place of
honor with the princes of the imperial blood immediately to the left of the
throne.
The occasion was a most impressive one.
If I may be allowed to express my views, I am convinced that a careful
reading of this constitution will enable my Government to reach the same
opinion with its representative here, that the substance of this most
important instrument, its declaration of rights to be held sacred alike by
the Crown and its subjects, and to be hereafter inviolate, not only should
have made the day memorable forever in the annals of the Empire, but should
be a cause of sincere congratulation from all Western nations.
My observation and experience—personal and official—at this court and among
this people since 1885, convinces me that all their progress, of which so
much has been written and spoken—a progress in wise and freer government, of
which this constitution is the highest and noblest testimonial—is not a
short-lived or experimental thing, nor a thin veneering of Western
civilization, so to speak, on the still vigorous body of oriental political
systems, but rather proof of a solid and permanent triumph over the past of
her history which ushers in a new era for Japan among the nations.
The constitution having been promised some years ago to be given in 1889 by
the Emperor to his subjects, the 11th of February (the two thousand five
hundred and forty-ninth anniversary of the foundation of the Empire) was
recently declared the day on which the constitution should be promulgated;
and the event, having been for years eagerly awaited, was celebrated with
rejoicing by all Japanese subjects from the homes of fishermen and peasants
to the palace of the Emperor.
The day was observed as the most important political event in the history of
the Empire throughout the entire country with illuminations, bonfires,
military and naval salutes, ringing of bells, processions, and decorations
of houses and the streets of towns and cities with bunting and evergreens;
and to the inspiring sounds of music the people literally “danced for
joy.”
In an interview with his majesty in the evening of the day of the
promulgation of the constitution, he having invited a large company of
guests to dine at the palace, I took occasion to tender to him the earnest
congratulations of my Government and of its representative on the completion
of this glorious day’s work.
The Emperor, with evident gratification, replied, expressing his thanks for
my words of congratulation, and expressed the hope that the occasion of the
promulgation of the constitution which guarantied in a liberal sense
political and religious liberty to his subjects might be an event which
would increase the sympathy and friendship which the
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Government and people of the United States had so long
cherished for Japan.
Apropos to this celebration, the greatest political event in the history of
the Empire, I herewith have the honor, as a matter of interest to the
Department of State, to inclose a leader from the Japan Daily Mail, giving a
careful resume of the main points involved in this revolution of the
political system of this Government, which henceforth places the Empire
among enlightened constitutional monarchies.
I have, etc.,
[Inclosure in No. 547.—From the Japan Daily
Mail, Yokohama, Tuesday, February 12, 1889.]
the constitution.
The long looked for constitution was promulgated yesterday amid general
rejoicing. His majesty the Emperor, having sworn a solemn oath in the
imperial sanctuary to “maintain and secure from decline the ancient form
of government,” and “never at this time nor in the future to fail to be
an example, to his subjects in the observance of the laws hereby
established,” took his place on the throne, and in the presence of all
the highest functionaries of the Empire as well as of chosen
representatives of the people, handed to the minister president of state
the five laws forming the new system. These laws are “The Constitution
of the Empire of Japan;” the “Imperial ordinance concerning the House of
Peers;” the “Law of the houses;” the “Law of election of members of the
House of Representatives,” and the “Law of finance.” They comprise in
all three hundred and thirty-two articles. Without attempting to enter
into details, we shall here endeavor to give our readers a general idea
of this important legislative work.
In the first place, the sacred and inviolable nature of the imperial
title and the perpetuity of the throne are asserted with the fullest
emphasis. His majesty remains as before the source of all law. But his
legislative function is henceforth to be exercised with the sanction of
the diet. Only in presence of an urgent necessity to maintain public
safety or to avert a public calamity can he issue ordinances in lieu of
laws, and it is expressly provided that such ordinances must be laid
before the diet at its next session, when if not approved by that body
they become invalid. While, however, handing over his law-making
function to parliament, the Emperor reserves to himself the function of
issuing, or causing to be issued, the ordinances necessary for carrying
out the laws, or for the maintenance of public peace and order. He also
determines the organization of the different branches of the
administration, appoints and dismisses all officials, and fixes their
salaries. His majesty has further the supreme command of the army and
navy; determines their organization and peace standing; has the power of
making war, peace, and treaties; confers title of nobility, rank, and
other marks of honor, and orders amnesties, pardons, commutations of
punishments, and so forth.
In contradistinction to these imperial prerogatives we have the rights of
the subject. He is free to change his abode at will; he can not be
arrested, detained, tried, or punished except according to law; he can
not be deprived of his right of being tried by lawful judges; his house
can not be entered or searched without his consent, except in cases
provided by law; his letters are inviolably secret within similar
limits; his right of property is sacred; he is entitled to freedom of
religion, of public meeting, of speech, and of association, but
religious freedom must not be exercised in a manner prejudicial to peace
or order, or antagonistic to his duties as a subject, neither must
freedom of speech and public meeting transgress the limits fixed by
law.
Passing from these general propositions as to the prerogatives of the
ruler and the rights of the ruled, we come to the parliamentary system.
It is bicameral, the house of peers and the house of representatives
constituting the imperial diet. The upper house is partly elective,
partly hereditary, and partly nominated. The hereditary portion
comprises members of the imperial family, princes, and marquises. The
elective portion comprises both noblemen and commoners. The noblemen are
counts, viscounts, and barons, elected by the members of their
respective orders, in numbers not exceeding one-fifth of the numbers of
those orders. The commoners are chosen by cities and prefectures—one by
each—from among the highest tax-payers, provided that the Emperor
afterwards approves the persons thus elected. Finally, the nominated
portion of the house comprises persons nominated by his majesty on
account of meritorious services to the State, or of erudition. These
imperial nominees are life
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members, whereas the elected members sit for seven years only, which is
also the period of the upper house. It is laid down that the number of
imperial nominees together with those elected by cities and prefectures
shall never exceed the number of nobles in the house.
The lower house, or house of representatives, consists of three hundred
members, elected by ballot in districts fixed by a supplementary law.
The qualifications of eligibility are that the candidate shall be of the
full age of thirty; that he shall have been paying direct national taxes
to an amount of not less than 15 yen annually for
a period of at least one year previously to the date of making out the
electoral list, and that he shall have been paying income tax for a
period of not less than three years. Certain officials are not eligible,
neither are officers of the Army or Navy in active service, or
temporarily retired from active service. As for the persons upon whom
the suffrage is conferred, they must be twenty-five years of age; they
must be residing permanently in the district where they vote; they must
have been in residence there for at least a year previously to their
registration as electors, and they must satisfy the same conditions in
respect of taxation as the persons eligible for election. A member sits
for four years, which is also the period of the House’s life. There is
to be one session annually, and its duration is fixed at three months,
but in case of necessity this term may be prolonged, or an extraordinary
session may be convoked.
In addition to its legislative functions the diet is also to discuss and
vote the budget, and any expenditure made in excess of this duly-voted
budget must be subsequently approved by the diet. There are, however,
certain restrictions in this section. Thus, the expenditure of the
Imperial household, as at present fixed, is not to be subject to
parliamentary sanction, and any expenditures incurred in the exercise of
the powers reserved to the Emperor, or any that “may have arisen by the
effect of law” or that “appertain to the legal obligations of the
Government,” can neither be rejected nor reduced by the diet without the
concurrence of the Government. By the term “expenditures incurred in the
exercise of the powers reserved to the Emperor” is meant the salaries of
all civil and military officers, and the funds required to maintain the
army and navy on a peace standing. A considerable portion of the budget
is thus virtually removed beyond the control of Parliament. Further
when, owing to exceptional circumstances of a domestic or foreign
character, the diet can not be convoked, the Government may take all
necessary financial measures by means of an Imperial ordinance; and
should it happen that the budget has not been voted or brought into
actual existence, the Government shall have competence to carry out the
budget of the preceding year. Thus, while all financial matters are
subjected to parliamentary scrutiny, they are removed from parliamentary
control sufficiently to render the Government temporarily independent of
a hostile diet.
This expression “Government,” as distinguished from the diet, is
evidently employed in the German sense of sovereign and cabinet. The
Emperor nominates the ministers forming the cabinet—he nominates all
officials—and with them constitutes a portion of the body politic that
stands above and outside the diet. This, of course, is the theoretical
state of affairs existing in all constitutional monarchies. The
unwritten but practically acknowledged responsibility of the British
cabinet to Parliament may be developed in Japan, as it was gradually
developed with us, but there is no recognition of it in the new Japanese
system.
A section is devoted to the judicature also. Its most interesting point
is that the judges are to be appointed by law and removable bylaw
only.
Such is the general outline of the constitution. Its provisions cannot be
amended unless a project in that sense is submitted to the diet by
Imperial order. We may add that each member of the lower house, and each
elected or nominated member of the upper, is to receive an annual
allowance of 800 yen, together with traveling expenses.
