Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1898

Mr. Allen to Mr. Day.

Legation of the United States,
Seoul, Korea, June 28, 1898.

No. 118. Diplomatic]

Sir: I have the honor to hand you inclosed an extract from the Seoul Independent of the 25th instant, giving a translation of a new set of rules for the council of state of Korea.

This council of state is assuming more and more importance as the body to whom all important questions must be submitted for final decision. This argues well for Korea, as it relieved His Majesty of the arduous task of deciding all questions himself, and brings into each case the knowledge and wisdom of a number of the most prominent men in the country.

I have, etc.,

Horace N. Allen.

[Inclosure 1 in No. 118.]

regulations for the council of state.

Edict No. 18 publishes a new set of regulations for the council of state. We append a literal translation of the same, as follows:

His Majesty the Emperor, who controls and directs all things, has established the council of state.

I. The members of the council shall be a president (premier), a vice-president, the ministers of departments, five councillors, and a secretary.

1. The president must be a chik-im of first honorary rank. The councillors must be a chik-im, while the ministers of departments are ex officio councillors. The secretary must also be a chik-im above the third honorary rank.

2. In the absence of the premier the vice-president shall preside over the council; but when both are absent one of the councillors shall act, under imperial sanction, as the president.

3. When a member neglects his duties the council shall report the case to His Majesty.

II. Meetings:

1. His Majesty, if so pleased, may attend the meetings in person, or command the Crown Prince to act as proxy.

2. The members alone of the council shall have the right to vote.

3. The premier shall open and close the meetings.

4. The council shall take into consideration the framing of new laws and regulations; the abolition or amendment or interpretation of the existing laws, etc.; the declaration of war or peace and negotiation of treaties with foreign powers; the restoration of order in case of domestic trouble; the construction and extension of telegraphs and railroads and the establishment of mining industries; the estimates and balance sheets of annual revenue and expenditure; the ways and means for extraordinary expenses; the imposition and abolition of various taxes; the amendment of the existing schedule of salaries; the payment of indemnity for private lands and forests appropriated by the Government for public enterprises; the discussion of a subject laid before the council by order of His Majesty; the promulgation of all laws and regulations approved by His Majesty. All these measures require the imperial sanction for validity. Nothing shall be done in the Government without first being submitted to His Majesty for approval.

5. If a councillor has an important matter he must either hand the resolution to the secretary or send it directly to the council.

6. The premier shall distribute among the members the copies of a resolution to be considered at least a week before the meeting. If necessary, meetings shall be held three times a week.

7. Two-thirds of the members shall form a quorum.

8. In the absence of the ministers of departments they may be represented by their respective vice-ministers, who shall, however, have no power to vote. When the secretary is absent one of the youngest councillors shall discharge his functions pro tem.

9. The minister of a department must be present when matters affecting his particular department are under discussion. If need be, the vice-minister or a chief of a bureau in the department may attend the meeting and express his views on the subject.

10. When a minister is unable to be present at the consideration of a topic affecting his department he shall inform the premier of the fact in due time, so that the topic may be postponed to next meeting. However, in case the minister is compelled to be absent in the next meeting, the council may debate on the question without further delay.

11. Nobody shall be admitted to the meetings who has no business therein.

12. The premier himself shall rise and read aloud the resolutions which have received imperial sanction and the questions which have been referred to the council by His Majesty.

13. The secretary shall rise and read aloud the proposals introduced by councillors. While reading no objections or debates shall be allowed.

14. After a bill has been read the mover of the bill shall state his reasons for its introduction.

15. Any member may demand, for information, the second reading and explanation of a paper.

16. The premier shall ask the members to express their views on a proposal. All questions, answers, debates, etc., shall be addressed to the premier.

17. Any one who desires to speak shall first obtain the permission of the premier, and stand while speaking.

18. Ordinary questions require one reading only, and votes shall be taken after a mature discussion.

19. When a debate becomes tedious and prolonged the premier may postpone it to the next meeting.

20. After a bill or its amendment has been thoroughly discussed the premier or the secretary shall count the votes, and announce the result at once.

21. Slips of paper, with the names of members printed on them, shall be distributed among the councillors. They shall write a few words under their respective names, signifying their agreement or disagreement.

22. When a dissenting member wants to present a special report concerning a subject under discussion he must at once state the outline of what he intends to say in the report.

23. Such a report shall be drawn up within a week after the meeting and be sent to the secretary. The report shall be read in the next session, opening the original question to debates. Votes shall be taken according to article 20.

24. After each meeting the premier or secretary shall announce the date and the subject for the next meeting.

25. The members present at the discussion of a subject shall sign their names under the record of votes, and the secretary shall put the seal of the council thereon.

26. Order of business:

(1) The reading of bills already approved by His Majesty and the announcement of such matters as have been sent down to the council by the Emperor.

(2) The reading and signing of minutes.

(3) The reading of reports.

(4) The second reading of a bill discussed once in the previous meeting.

(5) The signing of the resolutions carried.

(6) Unfinished debates.

(7) New business.

(8) Necessary explanations on any subject that may be before the council.

III. Memorials:

1. Within one week after the council has taken votes on a subject the secretary shall prepare a memorial which the premier, or, in his absence, the vice-president, shall present to His Majesty.

2. The memorial shall contain the date on which the subject was discussed; the names of the members present and of the absentees; the purpose and scope of the bill; the summary of the debate; the number of negative and affirmative votes; the report of a dissenting member; the relation between the bill and existing laws; the signatures of the premier and the secretary.

3. The premier shall be prepared to answer the questions of His Majesty concerning a bill. In case the bill is accompanied by explanatory documents their duplicates shall be kept in the palace, if it is so desired by His Majesty.

4. When His Majesty is pleased to approve a bill which has been discussed in the council, he has power to do so, irrespective of the number of votes for or against it. On the other hand, if the debates on a bill do not please His Majesty, he may order its reconsideration.

5. When a bill has been signed and stamped with the imperial signet, it shall be sent back to the council to be published in the Gazette.

6. The Gazette shall—

(1) State what the new law or regulations approved by His Majesty deal with.

(2) Note that the enactment has been duly signed by the premier and the secretary.

(3) Give the full text of the bill just passed.

(4) Note the abrogation or alteration of certain laws, etc., on account of the new enactment.

(5) State that the new statute has received the Imperial signet.