The Fight For The Republic in China Part 26

N.B. These terms are generally referred to in China as "The Articles of Favourable Treatment."

A.--Concerning the Emperor.

The Ta Ching Emperor having proclaimed a republican form of government, the Republic of China will accord the following treatment to the Emperor after his resignation and retirement.

Article 1. After abdication the Emperor may retain his t.i.tle and shall receive from the Republic of China the respect due to a foreign sovereign.

Article 2. After the abdication the Throne shall receive from the Republic of China an annuity of Tls. 4,000,000 until the establishment of a new currency, when the sum shall be $4,000,000.

Article 3. After abdication the Emperor shall for the present be allowed to reside in the Imperial Palace, but shall later remove to the Eho Park, retaining his bodyguards at the same strength as. .h.i.therto.

Article 4. After abdication the Emperor shall continue to perform the religious ritual at the Imperial Ancestral Temples and Mausolea, which shall be protected by guards provided by the Republic of China.

Article 5. The Mausoleum of the late Emperor not being completed, the work shall be carried out according to the original plans, and the services in connection with the removal of the remains of the late Emperor to the new Mausoleum shall be carried out as originally arranged, the expense being borne by the Republic of China.

Article 6. All the retinue of the Imperial Household shall be employed as. .h.i.therto, but no more eunuchs shall be appointed.

Article 7. After abdication all the private property of the Emperor shall be respected and protected by the Republic of China.

Article 8. The Imperial Guards will be retained without change in members or emolument, but they will be placed under the control of the Department of War of the Republic of China.

B.--Concerning the Imperial Clansmen.

Article 1. Princes, Dukes and other hereditary n.o.bility shall retain their t.i.tles as. .h.i.therto.

Article 2. Imperial Clansmen shall enjoy public and private rights in the Republic of China on an equality with all other citizens.

Article 3. The private property of the Imperial Clansmen shall be duly protected.

Article 4. The Imperial Clansmen shall be exempt from military service.

C.--Concerning Manchus, Mongols, Mohammedans and Tibetans.

The Manchus, Mongols, Mohammedans and Tibetans having accepted the Republic, the following terms are accorded to them:--

Article 1. They shall enjoy full equality with Chinese.

Article 2. They shall enjoy the full protection of their private property.

Article 3. Princes, Dukes and other hereditary n.o.bility shall retain their t.i.tles as. .h.i.therto.

Article 4. Impoverished Princes and Dukes shall be provided with means of livelihood.

Article 5. Provision for the livelihood of the Eight Banners, shall with all dispatch be made, but until such provision has been made the pay of the Eight Banners shall be continued as. .h.i.therto.

Article 6. Restrictions regarding trade and residence that have hitherto been binding on them are abolished, and they shall now be allowed to reside and settle in any department or district.

Article 7. Manchus, Mongols, Mohammedans and Tibetans shall enjoy complete religious freedom.

APPENDIX

DOc.u.mENTS IN GROUP II

(1) The Provisional Const.i.tution pa.s.sed at Nanking in January, 1912.

(2) The Presidential Election Law pa.s.sed on the 4th October, 1913, by the full Parliament, under which Yuan s.h.i.+h-kai was elected President,--and now formally incorporated as a separate chapter in the Permanent Const.i.tution.

(3) The Const.i.tutional Compact, promulgated on 1st May, 1914. This "law"

which was the first result of the _coup d'etat_ of 4th November, 1913, and designed to take the place of the Nanking Const.i.tution is wholly illegal and disappeared with the death of Yuan s.h.i.+h-kai.

(4) The Presidential Succession Law.

This instrument, like the Const.i.tutional Compact, was wholly illegal and drawn up to make Yuan s.h.i.+h-kai dictator for life.

THE PROVISIONAL CONSt.i.tUTION OF THE REPUBLIC OF CHINA

_Pa.s.sed at Nanking in 1912, currently referred to as the old Const.i.tution_

CHAPTER I.--GENERAL PROVISIONS

Article 1. The Republic of China is composed of the Chinese people.

Art. 2. The sovereignty of the Chinese Republic is vested in the people.

Art. 3. The territory of the Chinese Republic consists of the 18 provinces, Inner and Outer Mongolia, Tibet and Chinghai.

Art. 4. The sovereignty of the Chinese Republic is exercised by the National Council, the Provisional President, the Cabinet and the Judiciary.

CHAPTER II.--CITIZENS

Art. 5. Citizens of the Chinese Republic are all equal, and there shall be no racial, cla.s.s or religious distinctions.

Art. 6. Citizens shall enjoy the following rights:--

(a) The person of the citizens shall not be arrested, imprisoned, tried or punished except in accordance with law.

(b) The habitations of citizens shall not be entered or searched except in accordance with law.

(c) Citizens shall enjoy the right of the security of their property and the freedom of trade.

(d) Citizens shall have the freedom of speech, of composition, of publication, of a.s.sembly and of a.s.sociation.

(e) Citizens shall have the right of the secrecy of their letters.