The Constitutional Development of Japan 1853-1881 Part 2

5. Gumbu-Jimu-Kioku, or War Department. This department had charge of the naval and military forces, drilling, protection of the Emperor, and military defences in general.

6. Kuaikei-Jimu-Kioku, or Department of Finance. This department had charge of the registers of houses and population, of tariff and taxes, money, corn, accounts, tribute, building and repairs, salaries, public storehouses, and internal trade.

7. Keiho-Jimu-Kioku, or Judicial Department. This department had charge of the censorate, of inquisitions, arrests, trials, and the penal laws in general.

8. Seido-Jimu-Kioku, or Legislative Department. This department had charge of the superintendence of offices, enactments, sumptuary regulations, appointments, and all other laws and regulations,

"It is easy to destroy, but difficult to construct," is an old adage of statesmen. The truth of this utterance was soon realized by the leaders of the new government.

The first thing which the new government had to settle was its att.i.tude toward foreign nations. The leaders of the government who had once opposed with such vehemence, as we have seen, the foreign policy of the Tokugawa Shogun, now that he had been overthrown, urged the necessity of amicable relations with foreign powers in the following memorable memorial[5] to the Dai-jo-Kuan (Government):

"The undersigned, servants of the Crown, respectfully believe that from ancient times decisions upon important questions concerning the welfare of the empire were arrived at after consideration of the actual political condition and its necessities, and that thus results were obtained, not of mere temporary brilliancy, but which bore good fruits in all time....

"Among other pressing duties of the present moment we venture to believe it to be pre-eminently important to set the question of foreign intercourse in a clear light.

"His Majesty's object in creating the office of administrator of foreign affairs, and selecting persons to fill it, and otherwise exerting himself in that direction, has been to show the people of his empire in what light to look on this matter, and we have felt the greatest pleasure in thinking that the imperial glory would now be made to s.h.i.+ne forth before all nations. An ancient proverb says that 'Men's minds resemble each other as little as their faces,' nor have the upper and lower cla.s.ses been able, up to the present, to hold with confidence a uniform opinion. It gives us some anxiety to feel that perhaps we may be following the bad example of the Chinese, who, fancying themselves alone great and worthy of respect, and despising foreigners as little better than beasts, have come to suffer defeats at their hands and to have it lorded over themselves by those foreigners.

"It appears to us, therefore, after mature reflection, that the most important duty we have at present is for high and low to unite harmoniously in understanding the condition of the age, in effecting a national reformation and commencing a great work, and that for this reason it is of the greatest necessity that we determine upon the att.i.tude to be observed towards this question.

"Hitherto the empire has held itself aloof from other countries and is ignorant of the affairs of the world; the only object sought has been to give ourselves the least trouble, and by daily retrogression we are in danger of falling under foreign rule.

"By travelling to foreign countries and observing what good there is in them, by comparing their daily progress, the universality of enlightened government, of a sufficiency of military defences, and of abundant food for the people among them, with our present condition, the causes of prosperity and degeneracy may be plainly traced....

"Of late years the question of expelling the barbarians has been constantly agitated, and one or two Daimios have tried to expel them, but it is unnecessary to prove that this was more than the strength of a single clan could accomplish....

"How ever, in order to restore the fallen fortunes of the empire and to make the imperial dignity respected abroad, it is necessary to make a firm resolution, and to get rid of the narrow-minded ideas which have prevailed hitherto. We pray that the important personages of the court will open their eyes and unite with those below them in establis.h.i.+ng relations of amity in a single-minded manner, and that our deficiencies being supplied with what foreigners are superior in, an enduring government be established for future ages. a.s.sist the Emperor in forming his decision wisely and in understanding the condition of the empire; let the foolish argument which has. .h.i.therto styled foreigners dogs and goats and barbarians be abandoned; let the court ceremonies, hitherto imitated from the Chinese, be reformed, and the foreign representatives be bidden to court in the manner prescribed by the rules current amongst all nations; and let this be publicly notified throughout the country, so that the countless people may be taught what is the light in which they are to regard this subject. This is our most earnest prayer, presented with all reverence and humility.

"ECHIZEN SAISHO, TOSA SAKIO NO SHOSHO, NAGATO SHOSHO, SATSUMA SHOSHO, AKI SHOSHO, HOSO KAWA UKIO DAIBU."

The advice of these notables was well received. A formal invitation to an audience with the Emperor was extended to the foreign amba.s.sadors.

They soon accepted the invitation. Their appearance in the old anti-foreign city of Kioto, before the personage who was considered by the ma.s.ses as divine, was significant. It put an end to the all-absorbing, all-perplexing theme of the day. The question of foreign policy was settled.

The next act of the statesmen of the Restoration was to sweep away the abuses of the court, and to establish the basis of a firm internal administration. The most effectual means of accomplis.h.i.+ng this, it seemed to the sagacious statesmen, was to move the court from the place where those abuses had their roots. Ichizo Okubo,[6] a guiding spirit of the Restoration, presented the following memorial to the Emperor:

"The most pressing of your Majesty's pressing duties at the present moment is not to look at the empire alone and judge carelessly by appearances, but to consider carefully the actual state of the whole world; to reform the inveterate and slothful habits induced during several hundred years, and to give union to the nation....

"Hitherto the person whom we designate the sovereign has lived behind a screen, and, as if he were different from other human beings, has not been seen by more than a very limited number of Kuge; and as his heaven-conferred office of father to his people has been thereby unfulfilled, it is necessary that his office should be ascertained in accordance with this fundamental principle, and then the laws governing internal affairs may be established....

"In the present period of reformation and restoration of the government to its ancient monarchical form, the way to carry out the resolution of imitating the example of j.a.panese sages, and of surpa.s.sing the excellent governments of foreign nations, is to change the site of the capital....

"Osako is the fittest place for the capital ... For the conduct of foreign relations, for enriching the country and strengthening its military power, for adopting successful means of offense and defense, for establis.h.i.+ng an army and navy, the place is peculiarly fitted by its position ... I most humbly pray your Majesty to open your eyes and make this reform....

"OKUBO ICHIZO."[7]

The result of the memorial was the ultimate removal of the seat of government from Kioto to Yedo, which afterwards changed its name to Tokio, meaning eastern capital.

But the most important event of the Restoration, from the const.i.tutional point of view, was the charter oath of five articles, taken by the present Emperor on the 17th of April, 1869, before the court and the a.s.sembly of Daimios. These articles were in substance as follows:

1. A deliberative a.s.sembly should be formed, and all measures be decided by public opinion.

2. The principles of social and political economics should be diligently studied by both the superior and inferior cla.s.ses of our people.

3. Every one in the community shall be a.s.sisted to persevere in carrying out his will for all good purposes.

4. All the old absurd usages of former times should be disregarded, and the impartiality and justice displayed in the workings of nature be adopted as a basis of action.

5. Wisdom and ability should be sought after in all quarters of the world for the purpose of firmly establis.h.i.+ng the foundations of the empire.

The Emperor's promise henceforth became the watchword of the nation.

And this resolution to form a deliberative a.s.sembly was soon put into practice. In 1869 was convened the Kogisho or "Parliament," as Sir Harry Parkes translates it in his despatch to the Earl of Clarendon.

But before we proceed to the description of the nature and working of the Kogisho it is necessary to state that this plan had been already suggested by the Shogunate. A proclamation of the Shogun Keiki, issued on February 20, 1868, says: "As it is proper to determine the principle of the const.i.tution of j.a.pan with due regard to the wishes of the majority, I have resigned the supreme power to the Emperor's court, and advised that the opinions of all the Daimios should be taken.... On examination of my household affairs (the administration of Shogun's territories), many irregularities may exist which may dissatisfy the people, and which I therefore greatly deplore. Hence I intend to establish a Kogijio and to accept the opinion of the majority. Any one, therefore, who has an opinion to express may do so at that place and be free of apprehension."[8]

But this attempt of the Shogun to establish a sort of Parliament came to an end with his fall. This idea, however, was transmitted through the Shogunate officials to the government of the Restoration. In fact, this idea of consulting public opinion was, as I have repeatedly said, in the air. The leaders of the new government all felt, as one of them said to Messrs. F.O. Adams and Ernest Satow, that "the only way to allay the jealousies. .h.i.therto existing between several of the most powerful clans, and to ensure a solid and lasting union of conflicting interests, was to search for the nearest approach to an ideal const.i.tution among those of Western countries ... that the opinion of the majority was the only criterion of a public measure."[9]

Sir Harry Parkes was right when he told the Earl of Clarendon that "the establishment of such an inst.i.tution (the Kogisho) formed one of the first objects of the promoters of the recent revolution."[10]

The Kogisho was opened on the 18th of April, 1869,[11] and the following message[12] from the throne was then delivered:

"Being on the point of visiting our eastern capital, we have convened the n.o.bles of our court and the various princes in order to consult them upon the means of establis.h.i.+ng the foundations of peaceful government. The laws and inst.i.tutions are the basis of government.

The pet.i.tions of the people at large cannot be lightly decided. It has been reported to us that brief rules and regulations have been fixed upon for the Parliament, and it seems good to us that the House should be opened at once. We exhort you to respect the laws of the House, to lay aside all private and selfish considerations, to conduct your debates with minuteness and firmness; above all things, to take the laws of our ancestors as 'basis,' and adapt yourselves to the feelings of men and to the spirit of the times. Distinguish clearly between those matters which are of immediate importance and those which may be delayed; between things which are less urgent and those which are pressing. In your several capacities argue with careful attention.

When the results of your debate are communicated to us it shall be our duty to confirm them."

The Kogisho was composed mostly of the retainers of the Daimios, for the latter, having no experience of the earnest business of life, "were not eager to devote themselves to the labors of an onerous and voluntary office." Akidzuki Ukio No Suke was appointed President of the Kogisho.

The object of the Kogisho was to enable the government to sound public opinion on the various topics of the day, and to obtain the a.s.sistance of the country in the work of legislation by ascertaining whether the projects of the government were likely to be favorably received.

The Kogisho, like the Councils of Kuges and Daimios, was nothing but an experiment, a mere germ of a deliberative a.s.sembly, which only time and experience could bring to maturity. Still Kogisho was an advance over the council of Daimios. It had pa.s.sed the stage resembling a mere deliberative meeting or quiet Quaker conference, where, for hours perhaps, n.o.body opens his mouth. It now bore an aspect of a political club meeting. But it was a quiet, peaceful, obedient debating society.

It has left the record of its abortive undertakings in the "Kogisho Nis.h.i.+" or journal of "Parliament." The Kogisho was dissolved in the year of its birth. And the indifference of the public about its dissolution proves how small an influence it really had.

But a greater event than the dissolution of the Kogisho was pending before the public gaze. This was the abolition of feudalism, which we shall consider in the next chapter.

[Footnote 1: The Mikado's Empire. Griffis, p. 301.]

[Footnote 2: American Executive Doc.u.ment, Diplomatic Correspondence, 1867, Part II., p. 78, 2d Sess. 40th Cong. See also Bosin-Simatsu, Vol. I., p. 2.]

[Footnote 3: American Executive Doc.u.ment, Diplomatic Correspondence, Vol. I., 1868-69, p. 620, 3d Sess. 40th Cong.]

[Footnote 4: American Executive Doc.u.ment, Diplomatic Correspondence, Vol. I., 1868-69, 3d Sess. 40th Cong.]

[Footnote 5: Translation from the Kioto Government Gazette of March, 1868. It is given in Diplomatic Correspondence of the U.S.A., 3d Sess.

40th Cong., Vol. I, 1868-69, p. 725.]

[Footnote 6: He afterwards changed his name into Tos.h.i.+mitsu Okubo.]

[Footnote 7: Translation is given in American Executive Doc.u.ment, Diplomatic Correspondence, Vol. I, 1868-69, p. 728, 3d Sess. 40th Cong.]

[Footnote 8: American Executive Doc.u.ment, Diplomatic Correspondence, Vol. I., 1868-69, p. 687, 3d Sess. 40th Cong.]