Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1907, (In two parts), Part I

File No. 1787/22–24.

Minister Rockhill to the Secretary of State.

American Legation,
Peking,July 24, 1907.

No. 674.]

Sir: In my dispatch No. 670 of the 18th instant, I had the honor to transmit to you a copy of an imperial edict of the 7th of July making administrative changes in the three Manchurian provinces. I transmit herewith a copy of the memorial on the reorganization of the provincial government of China, together with the regulations mentioned therein, submitted to their majesties by the Prince of Ch’ing and Grand Counselor Sun Chia-nai, which was the basis for the edict of the 7th and makes clear its purpose and scope.

The memorial of the Prince of Ch’ing is worthy of careful perusal. It is a thoughtful, statesmanlike document. It shows that the Government’s schemes of reform are maturing and taking shape and that they are being carefully planned to give a fair share to popular representation, while greatly strengthening and centralizing the control and power of the State over the provinces.

The recommendation of the prince concerning the establishment of an independent judiciary (p. 4) is particularly interesting; he hopes that its adoption may result in enabling China to recover jurisdiction over foreign residents.

The original draft of the present regulations, which were submitted by Duke Tsai Tse to Prince Ch’ing, was sent you by the legation in its dispatch No. 592 of March 28 last.

I have, etc.,

W. W. Rockhill.

[Inclosure.—Translation.]

Memorial on the Reorganization of the Provincial Governments of China by Prince of Ch’ing and H. E. Sun Chia-nai.

[From the Peking Gazette of July 10, 1907.]

In compliance with the imperial decree, directing the commissions on reorganization of the Government to continue their labors by taking up the question of the reorganization of the provincial governments, we, Your Imperial Majesties’ ministers, submit the following memorial, for which we pray Your Majesties’ approval:

Your ministers humbly represent that last year, after submitting a report recommending certain reforms in the central government at Peking, the adoption of which Your Imperial Majesties were pleased to sanction by imperial edict, we received a further decree, directing us to draw up regulations for the reorganization of the provincial governments, as a continuation of the work begun, and saying that the governments of the departments and districts were of especial importance and that the introduction all at once of local self-government would be difficult at present, that the method of dealing with the question should be considered beforehand, that the posts of assistants in the various yamens should perhaps be added to or changed, and that the authority of judicial and administrative officers should be clearly defined, and Your Imperial Majesties further ordered us to consult with the viceroys and governors in the provinces, and agree upon a plan of action.

This edict of Your Imperial Majesties, showing such far-reaching purposes in behalf of the people, was perused with profound gratitude, and immediately after its issue Duke Tsai-tse and those associated with him in drafting a plan of government reorganization consulted together, drew up a scheme and submitted it by telegraph to the viceroys and governors of the various provinces, and their replies have come to Peking by telegraph at various times during the past several months, some expressing a desire to assist in introducing the proposed reforms, and others advising a postponement of such changes, each according to his own opinion. These several opinions have already been copied and submitted in a report for the perusal of Your Majesties. We, your ministers, having now received the draft plan, the result of the deliberations of Duke Tsai-tse and those associated with him, beg to offer the following observations regarding it:

The vast extent of territory embraced in the twenty-two provinces of the Chinese Empire and the troublesome character of the people make it impossible to compare it with the various foreign countries, east or west. An examination of the system of government heretofore existing, with its higher and lower officials mutually supporting each other, shows that it is no longer entirely suited to the times, since the introduction of new political methods during the past few years has imposed responsibilities for which the old system made no provision. Furthermore, it is to be remembered that the most important consideration in the present reorganization of the government is that of laying a foundation for constitutional government.^a Therefore, the old offices of provincial commissioners, Taot’ais and those above them, not being suited to the conditions of (our intercourse with) foreign countries, there can be no objection to a modification of them to make them better fitted for the times. For the enforcement of the law, it is necessary to rely upon the various prefects, department magistrates, subprefects, and district magistrates, all of whom are in close touch with the people. It is in these subdivisions of the provinces that the first efforts toward constitutional government must be made. Together they make up the Empire and together their magistrates govern the people. If the latter be given a voice in the Government, although at first they may not show themselves entirely suited to the task, their administration of the Government must at any rate be free from the least show of partiality.

We are told in the imperial edicts regarding the reorganization of the Government that the high court of justice shall have sole control of the courts of law, and it is repeatedly impressed upon us that this is a matter of extreme importance to the magistrates of the departments and districts, so that the meaning is perfectly clear and there is no room for misunderstanding.

The scheme which your ministers have humbly to recommend is, briefly, as follows:

The offices of provincial commissioner of finance and provincial commissioner of education should remain as heretofore established. As for that of provincial judge, otherwise known as the provincial commissioner of justice, with which there has been united heretofore the control of all affairs pertaining to the courier service, it should have sole control of the judicial administration in the province and superintendence of all the various grades of courts. As for the rest, there should be established at each provincial capital one taot’aiship of police affairs, to have special control of the police administration within the province; and one taot’aiship of industries, to have special charge throughout the whole province of all affairs relating to agriculture, industries, and commerce, as well as of those connected with communications. The courier service also should now be placed under the management of this office. Besides the foregoing, the taot’aiships of the salt gabelle, grain transport, customs, and river conservancy ought to be retained, but all other taot’aiships should be entirely abolished. In regions far removed from the provincial capital, however, where the presence of an officer of more than ordinary powers is required, one, two, or three taot’aiships may be retained under the name of military taot’aiships, provided the viceroy or governor concerned shall find upon investigation of the conditions that such a measure is necessary and shall so report to the Throne requesting an edict for the establishment of such posts, preference being given in appointments thereto to those on the ground, after due consideration of all the circumstances. These are in general the changes at present proposed in the commissioner ships and taot’aiships.

But, as to the present proposed reorganization of the provincial governments, the most important recommendations may be considered under two heads:

(a) A separate establishment of a series of courts, to serve as the basis of a department devoted solely to the administration of justice. Anciently the officers possessing judicial authority were entirely independent (of the territorial authorities). The “Shih-shih “of the three ancient dynasties,^b and the “T’ing-yii” of the two Han dynasties,^a both received the law of the son of heaven as the balance with which to mete out justice, and their authority not being shared with others, there was no perversion of the law.

Our own present dynasty, having retained the organization of the Mings, established two separate commissionerships, one of civil administration^c and the other of justice, each with its own special functions, and they were kept entirely distinct; but the department and district magistrates united in their own persons the functions of both branches of the service, and thus began the reliance upon the possession of a twofold authority to enhance their influence. This fact has been seized upon by foreigners as a pretext for the removal of their nationals from the jurisdiction of our courts. If we can put an end to this confusion of offices, we shall be able naturally to arrange all in proper order, and thus the recovery of jurisdiction over foreign residents will no longer be a matter of difficulty.

As for those who fear that if the local authorities be deprived of judicial powers they will be unable to govern, they forget that the local authorities will still possess power to enforce their authority, since they are responsible for the police administration and must employ it to preserve the peace. There are others who fear that if the judges possess sole jurisdiction they may pervert the law for the accomplishment of their private ends. But they are ignorant of the fact that the law is the public law of the Empire, and how then are the judges to be allowed to turn its meaning this way or that to suit their own ends? Moreover, there is provision for inspection of the courts by those having superintendence, so that there is no occasion for any anxiety on this account. The board of law and the high court of justice having been already established, it is impossible to avoid the establishment of the several grades of inferior courts in the provinces.

(b) Additions to the list of assistant officials in the yamens of the local authorities or changes in such list with a view to laying the foundations of local self-government. There are many things essential to the establishment of self-government. China, in her choice of worthy officials, has always given the first place to those who have devoted their minds to the promotion of the welfare of the people, and an analysis of their course of action shows that it has been nothing more than to govern the people without oppression, and to be somewhat diligent in settling their lawsuits, all their energies being employed to these ends. In the reports submitted by the department and district magistrates of the modern institutions recently introduced among the people of their localities, such as schools, police, industrial enterprises, and agricultural improvements, if there has not been shown a want of conscientious investigation, there has been too much empty verbiage. The magistrates, whose duties are numerous and vexatious, have a multitude of lawsuits to hear, and the best of them, wearied with the day’s work, have little leisure to give to other things. Those whose duties are light lack the funds necessary for these enterprises, and thus the introduction of reforms is made difficult. As to the assistant magistrates and subdistrict deputy magistrates, they are not allowed to hear causes, and from the beginning they have had no definite duties assigned to them. Although they are nominally said to share in the duty of preserving the peace, practically they are useless, and as a result the people are left in their misery. That the local government remains so defective is due to this original want of a perfect organization of the government.

It is now proposed that the department and district magistrates be relieved of the duty of hearing lawsuits, and that the time thus saved be entirely devoted to their administrative duties; furthermore that the various assistants be each assigned some appropriate function; and lastly that deliberative and directive councils be established, with stated times for meeting. Thus there will be provided, as the imperial edict has said, “strong safeguards against corruption.” With careful consideration for the wishes of the people a large measure of success may be attained, and we shall at least escape the present evil of merely pretending to discharge the public business. Thus, too, the custom of self-government will be gradually introduced and extended. In view of these facts it becomes impossible not to change the character of the various posts established for the assistance of the provincial authorities, and to add new offices. As we consider the tendencies of the times and the clashing of opposing policies, it is still more impossible not to change our methods and get out of old ruts, if we would attain to real prosperity.

The various Provinces, however, do not have the same customs, and their people are not alike intelligent, and for this reason it is difficult to introduce reform. There is sure to be much opposition. Not only will it be difficult to secure the men of proper qualifications needed and the necessary funds, concerning both of which the viceroys and governors have expressed their anxiety, but, if the attempt be made to introduce the changes at once throughout the Empire, this will certainly lead to failure. We, Your Majesties’ ministers, have carefully considered the matter many times, and it is our humble opinion that the three Manchurian Provinces, being important as the original home of the dynasty, should first set the example.^a Besides the organization of the local governments has practically only just begun there, and it is comparatively easy, therefore, either to adopt old methods or introduce new. In submitting the present plan for the reorganization of the provincial governments, therefore, we propose to request that the scheme may first be tried in the three Manchurian Provinces. The interior districts, which are unsuited to the experiment, must of course be allowed to wait until their conditions gradually improve, but with the exception of these all parts of these Provinces should be organized, so far as possible, on the lines proposed in the accompanying regulations, and thus become patterns for the imitation of the other Provinces.

In the two Provinces of Chihli and Kiangsu intercourse with foreigners has been comparatively easy, and the new customs have already been inaugurated, and the proposed reforms should be introduced in these also as soon as convenient. The other Provinces should have the movement extended to them at different times and in different portions, the viceroys and governors concerned making investigation and deciding in what districts to introduce the changes first, and in what places to postpone action, but within fifteen years the scheme ought to be put into operation throughout the whole Empire.

We, Your Majesties’ ministers, have one more request to present. At present it is because the people are not qualified that the reforms have to be introduced gradually. But in some places, although the people are not qualified, they are approximately so, and it only needs that the officials shall take the lead in order to bring about the change. If, however, because the date of the introduction of the plan is postponed, they continue to follow in the old ruts, what hope will there be of ever improving the qualifications of the people? It all rests with the viceroys and governors, who should patriotically serve the State and exert themselves to endure hardship. They must extend the benefits of education everywhere, that a generation of able men may appear; in all matters they must consider the will of the people, and seek to bring rulers and people into sympathy with each other. Then those who understand the laws and statutes will be many, and there will be no judicial blunders. When the masses are right-minded, the local authorities must be able to change their attitude, and a real beginning having been made, a date may be fixed for the introduction of constitutional government, and thus to some extent the desires of Your Imperial Majesties with respect to the government will be satisfied, and the hopes of the living multitude of your subjects will be fulfilled.

These, then, are the requests of your ministers, and of all your servants in the capital and the Provinces. This plan with trembling we unitedly undertake without any appearance of slothfulness. We reverently await the decision of the Throne as to its suitability, and the imperial will as to its enforcement. Accompanying it we respectfully submit a copy of the regulations drawn up for the reorganization of the provincial governments.

Reverently presented to Their Imperial Majesties, the Empress Dowager and the Emperor, this 27th day of the fifth moon (June 7, 1907), with a prayer for the imperial instructions.

Imperial rescript: “Approved.” “Edict issued separately.”^a

[Inclosure 2.—Translation.]

[From the Peking Gazette of July 10, 1907.]

Regulations for the reorganization of the provincial governments of China.^b

I. Each viceroy, established over one or more Provinces, shall have general control of the foreign relations affecting the territory under his jurisdiction as well as of the military administration thereof, and shall have general authority over all civil and military officials in his Province. He shall also perform the duties of a governor of a Province in which his capital is situated, and shall have general charge of its administration.

II. The governor of a Province shall have general control of the civil administration of his Province, and authority over all the subordinate officers of the province, both civil and military; but he shall take no action affecting the foreign relations of the Province or its military administration without first consulting with the viceroy and receiving his instructions. In those Provinces which are not assigned to any viceroyalty the governor shall have independent control, and in the Provinces where the viceroys reside, there being no governors appointed thereto, the functions of the governorship shall be exercised by the viceroys.

III. Viceroys and governors shall be responsible to the imperial boards for the execution of all instructions communicated to them, but if, in any case, a viceroy or governor shall find it difficult to carry out such instructions, owing to the conditions existing in the Province, he may report the facts to the boards concerned and make some satisfactory arrangement in consultation with them, or he may memoralize the Throne directly, asking the imperial sanction of the measures which he proposes.

IV. Every yamen of a viceroy or governor shall have a staff of secretaries, to be divided among the various departments, who shall assist in the transaction of the public business.

V. The staff of a viceroy’s or governor’s yainen shall comprise the following officers:

(1) One confidential secretary, who shall execute the orders of the viceroy or governor in respect to confidential reports, telegrams, and dispatches, not belonging to the work of any of the regular departments of the yamen.

(2) The following departments of the yamen: (a) Foreign affairs; (b) civil service; (c) home affairs; (d) finance; (e) public worship; (f) education; (g) military affairs; (h) justice; (i) agriculture, industries, and commerce; (j) posts and-communications, shall each have one secretary, who shall take charge of the affairs of the department, subject to the orders of the viceroy or governor, and attend to all the correspondence of his department. But if in any case the business of a department be light, so that so many secretaries be not required, two, but not more than three, departments may be placed in charge of one secretary.

(3) The confidential and department secretaries shall not be considered officers subject to the appointment of the Imperial Government, but may be appointed or dismissed by the viceroy or governor concerned at his own pleasure, and it shall not be necessary to have strict regard to official gradation in making assignments. An annual report must be made to the Throne, however, furnishing a complete list of the names of such officers, their titles, and the dates at which their appointments were taken up, such list to be placed on file for reference. Officers who prove themselves capable may be recommended to the Throne from time to time in reports that shall be absolutely truthful, so that such officers may afterwards be selected for promotion.

(4) All necessary assistants and clerks under the rank of confidential and department secretaries shall be selected by the viceroy or governor of the province concerned, and it shall not be necessary to report on the matter to the Throne or to the imperial boards.

(5) Regulations as to the duties of secretaries in the yamens of viceroys and governors shall be drawn up by such viceroys and governors, each for his own yamen.

VI. Each viceroy and governor shall establish in his own yamen a council, to which at fixed dates he shall summon all officials of the province of the rank of commissioner and tao’tai or under to deliberate upon all important matters of government and to determine the course of action to be taken. In matters of local interest the officials may also consult together and select just and upight members of the gentry and invite them to confer on the matter.

VII. Every Province, except the three Manchurian Provinces, shall establish the three following commissionerships: That of the treasury, that of education, and that of justice.

VIII. Each provincial treasury shall be under the direction of one commissioner of the treasury, who shall be subject to the authority of the local viceroy or governor and shall have charge of the registers of population and taxation and authority to examine (the accounts) of all the officials of the province who have territorial jurisdiction.

IX. The subordinates in each provincial treasury, such as recorders, law secretaries, assistant secretaries, archivists, keepers of the treasury, keepers of storehouses, etc., shall have their duties defined by regulations, similar to those adopted for the subordinates in the yamen of the commissioner of education, which divide them among various departments and prescribe their duties therein. The imperial board of civil office, in consultation with the imperial board of home affairs and the imperial board of finance, will make such alterations in the said regulations as may be necessary, and thus arrange a set of regulations for the subordinates of the provincial treasuries.

X. Each provincial bureau of education shall be in charge of one commissioner of education, who shall be subject to the authority of the local viceroy or governor and have control of all educational matters in the province concerned, as well as superintendence of all schools and of all educational societies.

XI. All subordinates in any provincial bureau of education shall discharge their duties in accordance with the regulations which have already been submitted to the Throne by the imperial board of education and which have received the imperial sanction.

XII. Every provincial bureau of justice shall be under the direction of one commissioner of justice, who shall have the rank of the substantive third grade and shall replace the provincial judge under the old system. He shall be subject to the authority of the local viceroy or governor and shall have charge of all matters pertaining to the administration of justice in the province. He shall have superintendence of all law courts and arrange for all necessary inspections (thereof). Previous to the revision of the judicial system in any Province, however, the old regulations enforced by the provincial judges shall be observed temporarily, except that the commissioner of justice shall not assume charge of the courier service, as has been done heretofore by the provincial judges.

XIII. The subordinate officers in every provincial bureau of justice, such as the secretaries, clerks, archivists, jailers, etc., as provided for the yamens of the old provincial judges, shall have their duties defined by regulations to be proposed for adoption by the board of law, which shall make such changes in the old regulations as may seem necessary. Until these old regulations are amended the (judicial) divisions of the Province shall remain as under the old system.

XIV. In addition to the three commissioners mentioned above, there shall be established in each province two taot’aiships:^a (1) That for the promotion of industries, which shall be especially devoted to the encouragement of agriculture, industries, and commerce throughout the Province, as well as the facilitation of intercourse with other Provinces; the control of the courier service, which was the special charge of the provincial judge under the old system, shall be given instead to this taot’aiship; (2) that of police, which shall have especial control throughout the whole Province of all police, matters, the preservation of the peace, the taking of the census, building regulations, and sanitation.

XV. To each of the two taot’aiships mentioned in the preceding article there shall be appointed one taot’ai in each province. As to the subordinates needed in the yamens of these two taot’ais, their classification and their duties, detailed regulations relating to the same shall be drawn up by the imperial board of agriculture, industries, and commerce, the imperial board of home affairs, and the imperial board of posts and communications.

XVI. In addition to the commissioners and taot’ais mentioned above, there shall be appointed in each province certain other commissioners and taot’ais, as the conditions of the Province may require, as follows:

(1) Commissioner of the salt gabelle; (2) taot’ai of the salt regulations, or salt and tea taot’ai; the taot’ai of the salt regulations shall have no connection as heretofore with the courier service; (3) taot’ai of the grain tax; except the grain taot’aiships of Soochow and Chekiang, which must be retained for the superintendence of the grain transport, it may be possible to abolish such taot’aiships or incorporate them with some other office; the viceroys and governors of the Provinces will take the matter into consideration and propose a plan for uniform adoption; (4) customs taot’ais; (5) river conservancy taot’ais.

XVII. The commissioners and taot’ais mentioned in preceding articles are invested with authority for the performance of the duties specified, but shall not be possessed in addition thereto of any territorial jurisdiction whatsoever. With the exception of those mentioned in preceding articles, all taot’aiships, whether those of the frontiers or those of circuits, are entirely abolished. In regions rather far distant from the provincial capital, however, it will be necessary to establish officers of comparatively high rank who can be depended upon to defend them, and in such places the taot’aiships, one, two, or even three, may be retained, to be called “ping pei tao” (taot’ais with military powers), who shall be especially charged with the direction of all affairs connected with the suppression of robbery and brigandage and the movement of troops. The viceroys and governors concerned must first investigate local conditions, however, and report the matter for the consideration of the Throne before taking action.

XVIII. All subordinate officers in the yamens of the salt commissioners, such as assistant salt comptrollers, deputy assistant salt comptroller, subassistant salt comptroller, inspectors of the salt gabelle, receivers of the salt gabelle, examiners, keepers of the treasury, keepers of the storehouses, secretaries, and clerks, and the keepers of the treasury, and keepers of the storehouses in the yamens of the taot’ais mentioned in preceding articles, may perhaps have some of their offices abolished or consolidated; the viceroys and governors concerned shall consult together and report to the Throne their recommendations in the matter. The Subordinates heretofore employed in the yamens of the taot’ais of the frontiers and those of the circuits must be discharged along with their chiefs, as their yamens are abolished, and the matter of their future employment will be taken into consideration.

XIX. The secretaries in the yamens of the viceroys and governors having been divided among the various departments for the transaction of the public business, the viceroys and governors shall consult together and report to the Throne plans for the abolition or consolidation of the special bureaus of various kinds now existing, taking into due consideration the amount of business transacted in them.

XX. The territory of each Province shall be divided into districts, which are of three kinds, according as the districts may be large or small and the duties of government light or heavy. These are called prefectures, independent departments, and independent subprefectures.

XXI. Each prefecture shall be governed by one prefect, who shall be subject to the authority of the viceroy or governor of the Province, and receive instructions from the commissioners of finance and education and from the taot’ais of industries and police in all matters affecting their bureaus. He shall also superintend the department and district magistrates under him and direct them in the discharge of their duties, and be charged with the executive administration in all its branches within the boundaries of his prefecture.

XXII. Each independent department shall be governed by one independent department magistrate, who shall be subject to the authority of the viceroy or governor of the Province and receive the orders of the commissioners of finance and education and the taot’ais of industries and police in all matters affecting their bureaus, respectively, and be charged with the executive administration in all its branches within the boundaries of his independent department, superintending and directing the district magistrates under him in the performance of their duties.

XXIII. All independent subprefectures, heretofore existing, which have district magistracies within their jurisdiction shall be changed into independent departments. Those which have no district magistracies within their boundaries shall be governed as heretofore by subprefects, one to each such independent subprefecture, who shall be subject to the authority of the viceroy or governor of the Province, and receive the orders of the various commissioners and taot’ais in matters relating to their respective bureaus, and he shall furthermore be charged with the executive administration in all its branches within the boundaries of the independent subprefecture governed by him.

XXIV. All prefectures are divided into districts of two classes, called departments (dependent departments) and districts.

XXV. All independent departments have their subdivisions, called districts.

XXVI. Each department (dependent) shall be governed by a department magistrate, who shall be subject to the superintendence and direction of his prefect, and each district shall be governed by a district magistrate, whose rank shall be that of the substantive sixth grade, and who shall be subject to the superintendence and direction of his prefect or independent department magistrate, as the case may be, and said department and district magistrates shall be responsible for the executive administration in all its branches within the boundaries of their departments or districts.

XXVII. The offices of subprefect and assistant subprefect, heretofore existing in the prefectures, if charged with territorial administration, shall be changed into department and district magistracies. If they are not charged with territorial administration, but with such duties as the protection of the river (banks) in Honan, or the defense of the seacoast, or protection of the grain transports in various Provinces, the viceroys and governors concerned shall select those whose duties are important and designate all such as subprefects, abolishing altogether the title of assistant subprefect, and carefully defining their duties so as to distinguish them from those of the various grades of judges, and employ them in the executive administration.

As for those officers who are not concerned with administrative duties, such as the assistants and other miscellaneous subordinates of the prefect, steps must be taken to change and arrange their relations so as to make them assistants in the prefectural administration. The viceroys and governors shall investigate the conditions and make recommendations to the Throne regarding them severally and ask authority to act.

XXVIII. Each independent department magistrate, independent subprefect, and each department and district magistrate shall be assisted in the discharge of their duties by a staff of officers who shall severally be assigned their respective functions as follows:

(1) One chief of police, who shall have general control within the borders of the said department, subprefecture, or district of all matters pertaining to the preservation of the peace, taking of the census, police patrol, building operations,^a and sanitation.

(2) One superintendent of education, who shall have direction of educational affairs in the department, subprefecture, or district.

(3) One superintendent of industries, who shall be charged with the encouragement of agriculture, industries, and commerce within the department, subprefecture, or district concerned, and with the direction of matters relating to communications.

(4) One inspector of prisons, who shall have charge of all matters relating to the prisons of the department, subprefecture, or district.

(5) One accountant, who shall have charge of the collection of taxes in the department, subprefecture, or district concerned. But this officer shall not be appointed until after the salaries and expense allowances of the said department, subprefecture, or district shall have been definitely determined, the orders relating thereto issued, and the various allowances for exchange, heretofore made, entirely abolished.

The various posts of assistants and other miscellaneous offices, heretofore established in the yamens of the independent departments, independent sub-prefectures, departments, and districts shall all be abolished, and measures shall be taken to give other employment to those who have held them.

XXIX. If the territory of any independent department, independent subprefecture, department, or district be comparatively small or the public business light, it may not be necessary to appoint all the assistants mentioned above. In such a case two offices may be assigned to one individual, but the posts of chief of police and superintendent of education may not be held in conjunction with any other office, nor may either of these officers unite the duties of any other post with those of his own.

XXX. For the posts of the various assistants in the independent departments, independent subprefectures, departments, and districts appointments shall be made of candidates who show themselves proficient in Chinese and thoroughly qualified in other branches after examinations to be conducted by the provincial commissioners and taot’ais, who shall each conduct examination in those branches concerned with his bureau. The various assistants under the old system, provincial graduates, the five classes of senior licentiates, and graduates of intermediate schools and those of higher grade shall be eligible to the examinations, and successful candidates shall be reported to the viceroy or governor of the province concerned, to be by him appointed to office. For the posts of superintendent of education and superintendent of industries selection may be made from the local gentry and scholars, recommendations to that effect being made by the department or district magistrate, who shall make inquiry as to the standing of the candidates in popular opinion and select such as are honest, capable, and serious minded, and request for them permission to take the examinations with a view to appointment. Lists of all appointments made must be sent to the boards concerned to be placed on file for reference. Detailed regulations for the conduct of the examinations shall be drawn up by the civil service office in Peking in conjunction with the several imperial boards, and after adoption shall be put into force.

XXXI. Every independent department, independent subprefecture, and every department and district shall have its territory divided into sections, over each of which there shall be appointed a section officer, who shall be subject to the orders of the magistrate and have charge of the police in his section. The office of precinct police magistrate, heretofore existing under the old system is to be abolished, and steps will be taken to secure other employment for the incumbents.

XXXII. Every prefecture, department, subprefecture, and district shall have one sacrificial officer for the local Confucian temple. His rank shall be substantive —grade to secondary eighth grade, and it shall be his duty to prepare the offerings and put the temple in order for worship. He shall be subject to the authority of the local prefect or magistrate, who shall investigate the manner in which he is discharging his duties. The directors of studies under the old system may be appointed to this office if found suitable.

XXXIII. Whenever the local conditions permit, there shall be established in every prefecture, subprefecture, department, and district of a province two councils, one to be known as the deliberative council, the other as the executive council. Detailed regulations with regard to the matter shall be drawn up by the imperial board of home affairs and submitted to the Throne for approval, after which they may be put into operation throughout the provinces.

XXXIV. As local conditions may permit, there shall be established in every province a superior court of justice, and in each territorial subdivision a local court, as well as courts of first instance. The original proposal was that the last-mentioned should be called village courts, but the name being found unsuitable has been altered as above. These several courts shall have jurisdiction in all civil suits and in cases of appeal. Detailed regulations with regard to them shall be drawn up by the board of law.

1. This is the accepted translation of the phrase employed, but what is aimed at is really “representative government,” as appears below.
2. 206 B. C.–220 A. D.
3. The Hsia, the Shang, and the Chou dynasties; 2205–255 B. C.
4. This was the governorship during the Ming dynasty, but the title is now applied only to the commissioners of finance or provincial treasurer.
5. There is no conflict here with Article VII, which merely exempts Manchurian Provinces from the establishment of three provincial commissionerships.
6. Edict of July 7, 1907.
7. A companion of these regulations with the draft of Duke Tsai-tse, sent to the department in March last, will show the changes made by Prince Ch’ing and his associates of the superior commission.
8. A taot’ai is primarily an administrative officer in charge of a circuit comprising two or more prefectures. But some have military powers and others have special functions, such as control of the grain tax, collection of customs duties, etc.; hence the title is untranslatable.
9. Includes public works.