893.00/15292
The Consul at Kunming ( Ringwalt ) to the Ambassador in China ( Gauss )39
Subject: Study of the Draft Constitution.
Sir: I have the honor to submit herewith a report on the present movement sponsored by the Central Government for the study of a draft constitution. It is generally understood that the widespread publicity given this movement is chiefly for foreign consumption and is meant to cloak an increasing tendency toward authoritarianism.
Summary: At the instigation of the Central Government, organizations throughout the country are engaged in the draft [study] of the Draft Constitution of May 5, 1936. This study is, however, strictly regimented, and leads one to the belief that the publicity given thereto is mainly for foreign consumption. China under the Republic has had ample experience in constitution-making; there have been four constitutions, six draft constitutions, and eight changes in the fundamental law. Notwithstanding this wealth of legislation, there is no rule of law, with the inevitable result that the people are oppressed and the Government is in confusion and chaos. This is the third time that the people have been asked to study the Draft Constitution of May 5, 1936. As previous sincere and constructive suggestions for the liberalization of the draft have reacted unfavorably on the sponsors, it is difficult to approach the problem with any optimism. The chief flaw in the Draft Constitution is that it contains no substantial check on the executive authority. A formidable obstacle in successful constitution-making in China is the lip service which all successful politicians must pay to the teachings of Sun Yat Sen. The present regime is the most tyrannical in Chinese history. Whereas formerly political might was in the hands of the emperor, moral right was in the hands of the people. Now the Government exercises both might and right, and critics are suppressed by the “unification of thought” policy sponsored by the Kuomintang. In criticizing the Party and the Government, one commits not only a crime but also a sin. The only saving grace is that the leadership is Chinese and therefore ineffectual.
[Here follows detailed report.]
The present despatch has been written after consultation with Mr. Chang Hsi-jou, and is based largely on an informal lecture given by him to students of the National Southwest Associated University. That such a public lecture could be given at this time is a credit to those few Chinese intellectuals who have not yet lost the courage of their convictions. It appears that a version of Mr. Chang’s lecture has been published without his knowledge or consent in the Hsin Hua Daily News, the Communist newspaper in Chungking. This fact has [Page 316] caused considerable concern, particularly as publication was immediately followed by an order from the Secretariat of the People’s Political Council that it be supplied with the complete text of the lecture. It is hoped that for the good of China, as well as for the well-being of Mr. Chang, no punishment will be meted out to him.
Respectfully yours,
- Copy transmitted to the Department by the Ambassador in his despatch No. 2181, February 17; received March 7.↩