CHAPTER XVIII

Imperial Authority—Privy Council—Local Self-Government—Promulgation of

Constitution—Imperial Prerogatives—The Two Houses of Parliament—Features

of Constitution and First Parliamentary Elections.

The Peace Preservation Regulations provided, as we have seen, amongst

other things, for the removal of persons suspected of designs to disturb

the public peace from areas in the Capital, and its suburbs, within a

radius of seven miles from the Imperial Palace. This mention of the

Imperial Palace shows how strong the force of habit was, and still is,

in Japan. The maintenance of “the security of the Throne,” a phrase

borrowed from the Chinese classics, was for centuries a leading idea in

Japanese administration. The expression, usually to be found in

association with another classical phrase, “the tranquillity of the

people,” recurs from an early date in all official literature, in

Decrees, Memorials and Manifestos. As remarkable as the continuity of

the dynasty, of which the nation is not unnaturally proud, this constant

solicitude for the Imperial welfare, this manifestation of what to

foreign eyes may seem a somewhat excessive degree of reverence for the

Throne, was often in inverse ratio to the authority it wielded. We have

seen, for instance, how the policy of the founder of the Tokugawa line

of Shōguns was to increase the outward respect paid to the Court by

surrounding it with an enhanced semblance of dignity, while at the same

time its authority was sensibly diminished. At no time was the

ceremonial governing relations between what was left of the Court and

the Shōgunate more elaborate than under the rule of the Shōguns of this

line; never, perhaps, was the authority of the Throne less effective.

This was, however, the effect of deliberate policy, in which may be

traced a desire to hoodwink the nation, and conceal the ambitious

designs of its rulers. When in the closing years of Shōgunate rule its

prestige declined, the reassertion of Imperial authority was accompanied

by a tendency to lay additional emphasis on the immemorial respect due

to the Throne. It was this feeling which led the Court party before the

Restoration to insist on no “treaty port” being opened in the five “home

provinces” because of the vicinity of Kiōto, where the Emperor resided.

When the opening of the port of Hiogo could no longer be withstood, the

same feeling inspired the narrowing of “treaty limits”—the name given to

the area in the neighbourhood of a “treaty port” in which foreigners

were allowed under the treaties to make excursions—in the direction of

the old Capital; now, several years later, after the personal rule of

the Sovereign had, in name at least, been re-established, we notice the

same anxiety for the security of the Throne still closely connected with

the maintenance of public tranquillity. And evidence of the same exalted

respect for the Throne will be seen in the Constitution which was

shortly to be promulgated, and in the official “Commentaries” which

accompanied its promulgation. But the unusual context in which the

indirect allusion to the Throne appeared in the Peace Preservation

Regulations showed that a further reason lay behind this mention of the

Imperial Palace. It was customary then, as now, for the official

measurement of all distances from the new Capital to be taken from a

central point in the city. This was the _Nihonbashi_, or Bridge of

Japan, situated in the centre of the old town. It being generally

understood, however, that all distances were measured from this centre,

it was considered unnecessary to mention the point. The fact that in the

present instance the point from which distances were to be measured was

mentioned at all, coupled with the substitution of the Imperial Palace

for the bridge in question, could not fail to attract attention. The

public was thereby reminded both of its duty in the matter of solicitude

for the security of the Throne, and of the Imperial authority that

supported the course adopted by the Government. Throughout the stormy

times which followed the establishment of parliamentary institutions in

Japan, the invocation of the Imperial authority, either directly or

indirectly, served as a political barometer by which the seriousness of

a political crisis might be definitely gauged.

In April, 1888, two months after the return of Ōkuma to the Ministry

with the title of Count, the Privy Council (_Sūmitsu-in_) was

established. The decree announcing its creation stated that the Emperor

found it expedient “to consult personages who had rendered signal

service to the State” in regard to important matters, thus making it

clear that the functions of the Council would be of a purely advisory

nature—a point confirmed later on by the Constitution—and that its

members would be chosen from officials of wide experience. The scope of

its duties, as defined in the rules governing its organization, covered

a wide field, including, amongst other matters, the drafting and

consideration of new administrative measures, the revision of existing

laws, amendments to the Constitution, the presentation of its views on

treaties with foreign countries and financial questions.

With functions in some few respects similar to those of the

corresponding body in Great Britain, the Japanese Privy Council fills a

larger place in the political machinery of the State and takes a more

active part in legislation, though it has no judicial functions. Even

more so than with us is it the final goal to which all public servants

aspire, and where their services are still available for the State. But

it is something else, too. It has a political influence which does not

exist in the case of our own institution of the same name; its members

are eligible for re-entry into the Ministry or for other State

employment; and they are in constant and close touch with public

affairs.

The need for something of the kind in Japan was far greater than in

Europe. To realize its necessity it must be remembered that the same

tendencies in Japan which encouraged the system of figure-head

government favoured the existence of advisory councils, whose duties

were to suggest or offer an opinion on administrative policy, the

carrying out of which was entrusted to executive officials. When the

whole system of government was reorganized on a Western basis, the

opportunity of introducing this feature of Western administrative

systems was eagerly seized, as it was felt that it would in some sense

fill the embarrassing gap caused by the disappearance of the groups of

advisers which had played so leading a part under the old _régime_.

Prompt use was made of the services of the new Council. The Constitution

had by this time been drafted, and was ready for the consideration of

the Privy Council. Accordingly, within a fortnight of its coming into

existence the new Privy Councillors were, in accordance with the duties

assigned to them, discussing the draft Constitution at a series of

meetings, to which the attendance of the Emperor gave an increased

importance.

The year 1888 was marked by the enactment of another important measure.

This was the local Self-government Act, known as the Law of Cities,

Towns and Villages (_Shi-chō-som-pō_). The first step in the reform of

local government, by which a representative character was given to it,

had been taken in 1878, when drafts of the “Three Great Laws,” as they

were popularly called, were prepared by the Conference of Prefects. One

of these, the law creating Prefectural Assemblies, came into force, as

we have seen, two years later. The operation of the other arrangements

drafted at the same time, and affecting smaller areas of local

administration, had been postponed. These now came into force in the

spring of 1889, some changes having in the meantime been made. In the

following year these arrangements, as well as the whole system of local

government, underwent further revision. The revised system then

introduced is now in operation in forty-five of the forty-six

prefectures into which Japan proper is divided, the exception being

Loochoo, known since its annexation as the Okinawa prefecture. The basis

of the present system is the separation of local administration into two

main branches, urban and rural. Each of these prefectures—three of which

(Tōkiō, Kiōto and Ōsaka) have a separate status as urban prefectures

(_Fu_), the rest being rural prefectures (_Ken_)—is now divided into

urban districts, or “cities” (_Shi_), and rural districts, or counties

(_Gun_). A rural district, or county (_Gun_), is again subdivided into

towns (_Chō_) and villages (_Son_). The classification of a town as an

urban district, or “city” (_Shi_), or a “town” (_Chō_), depends on its

population. Unless otherwise determined by the Minister of the Interior,

with whom the final decision rests, all towns of over 25,000 inhabitants

have the status of “cities,” enjoying as such a somewhat larger measure

of self-government than those not in this category. In each prefecture

there is a prefectural assembly (_Kenkwai_ or _Fukwai_, as the case may

be), and an executive council (_Sanjikwai_). Similar assemblies and

executive councils exist in each rural district and “city,” but towns

and villages, though they are provided with assemblies, have no

executive councils, the duties of these latter bodies being entrusted to

the mayors.

[Illustration:

MARQUIS MATSUGATA.

Took an active part in the Government formed after the Restoration. As

Finance Minister he carried out specie resumption on a silver basis

in 1886, and introduced the present gold standard in 1897.

]

[Illustration:

FIELD-MARSHAL PRINCE ŌYAMA.

Rendered distinguished services in the war with China, and was

Commander-in-Chief in the Russo-Japanese war.

]

The system of election to local administrative bodies is more or less

the same in each administrative unit. In prefectures where the

population does not exceed 700,000 an assembly has thirty members. Where

the population is larger another member may be elected for each

additional 50,000 inhabitants. “City” assemblies contain more members,

the number varying from thirty to sixty, the latter number being the

maximum. The _Sanjikwai_, or executive council, of a prefecture consists

of ten councillors chosen by the assembly from amongst its members. The

prefect presides, and is assisted by two prefectural officials. In rural

districts the presiding official is the _Gunchō_, or district

administrator, who, as in the case of prefects, is appointed by the

Minister of the Interior. In “cities” the mayor of the city presides,

being assisted by a deputy, or deputies, as the case may be. The chief

duty of all these assemblies is to regulate expenditure, and apportion

the taxation required to meet it. In the scheme of local taxation the

_corvée_ still occupies a prominent place, though, except on occasions

of emergency, substitutes may be provided, or money payments made in

commutation. In the election of members voting is by secret ballot. The

property qualification for electors, and for those eligible as members,

is determined by the annual amount of national, or Imperial, taxes paid

by an individual. The age qualification is fixed at twenty-five years,

the legal age at which majority is attained. The possession of civil

rights is also necessary.

The legislative activity displayed in the series of administrative

measures above mentioned shows how wide an effect was produced by the

decision to create a Parliament, to which a Constitution became under

the circumstances an essential corollary. In some cases this legislation

was the direct offspring of that decision. The new peerage, the

reorganization of the Ministry, the Privy Council, all had their

separate places in the scheme of the Constitution. In other cases the

connection, though not so close, was still obvious; for it was not

possible to make a Constitution and fit it into the existing framework

of government, put together, as the latter had been, piece by piece,

without some sensible alterations of administrative machinery. From this

point of view it will be seen that the reform of local government, and

even the institution of Court Councillors, who might be chosen to sit in

the Upper House, had a definite, albeit indirect, bearing on the

Constitution, and on the National Parliament about to be established.

The Constitution having been considered and approved by the Privy

Council, to whose deliberations on the subject an increased dignity had,

as we have seen, been given by the attendance of the Sovereign, was

promulgated by the Emperor in person on the 11th February, 1889. The

ceremony took place in the Throne Room of the newly built palace in

Tōkiō, a building of Japanese architecture, modified in some of its

features by a slight admixture of foreign designs. The Emperor and

Empress occupied daises of unequal height at one end of the hall, which

was filled with the dignitaries of the Empire, and officials of senior

grades. Seats outside the Court circle were arranged according to the

new rules of precedence. The three first places were assigned to the

ex-daimiōs of Satsuma and Chōshiū and to the new head of the Tokugawa

family, in the order named, all three having the rank of princes in the

new nobility. The head of the Tokugawa House was the cousin and adopted

heir of the ex-Shōgun Kéiki, and succeeded to the headship of the family

on the enforced retirement at the close of the civil war of the last of

the Shōguns. The dignitaries and officials present all wore modern Court

costume of European style, with the marked exception of Prince Shimadzu

of Satsuma, whose appearance in Japanese costume, with hair dressed in

the old-fashioned cue, bore witness to the ingrained conservatism of the

clan he represented. Never before in the country’s history had a scene

more impressive occurred, nor, indeed, one less in keeping with Japanese

traditional ideas. Great as had always from time immemorial been the

reverence felt by all classes of the people for the Crown, it was a

reverence tinged with political expediency, which showed itself in the

fixed policy of screening from public view the object of veneration. The

atmosphere of mystery and seclusion which surrounded the monarch had

naturally extended to the palace and its precincts, and in a still

greater degree, for reasons common to all Oriental countries, to the

person of the Imperial Consort. Now for the first time the palace was

thrown open to a gathering so large as to deprive it of any very select

or exclusive character, and the tradition of centuries was broken in a

manner contrary, not to say repugnant, to all previous ideas by the

attendance of the Sovereign and his Consort in person, the former taking

an active part in the proceedings. The ceremony, therefore, in a certain

sense symbolized the new spirit which inspired the nation, ushering in a

different order of things. Apart from the pomp and magnificence of its

surroundings, it set the seal on the new departure in State policy, and

represented the final bridging of the gulf between old and new Japan.

The speech read by the Emperor on this occasion was couched in the vague

and grandiloquent style common to all utterances from the Throne. It

spoke of the Constitution as “an immutable fundamental law,” and

described the foundations of the Empire as having been laid by the

Founder of the Imperial House and other Imperial ancestors, with the

help of their subjects, on a basis that was to last for ever, an

achievement due to the glorious virtues of the Imperial ancestors and

the bravery and loyalty of the people; and it expressed the hope that

the same loyal co-operation between Sovereign and subject would for ever

secure the stability of the fabric of State bequeathed by the Imperial

ancestors.

The Imperial Decree, or Rescript, issued on the same day as that on

which the Constitution was promulgated, and bearing the sign-manual of

the Sovereign and the signatures of the nine Ministers of State, appears

as a Preamble in the official English text of the “Commentaries on the

Constitution,” though it is not found in the original Japanese text. It

provided that the Imperial Diet (the name given to the new Parliament)

should be convoked for the first time in 1890, and that the date of its

opening should be that on which the Constitution should come into force.

The date thus fixed was the 29th November, 1890. In this Decree, which

contained a reference to the promise of a Parliament made in 1881, the

Emperor stated his intention to exercise his Sovereign rights in

accordance with the provisions of the Constitution, for the execution of

which the Ministers of State would be responsible. Stress was also laid

on the important condition that any proposal for the amendment of the

Constitution in the future must proceed from the Throne, and that in no

other way would any attempt on the part of the Emperor’s descendants, or

subjects, to alter it be permitted.

Additional solemnity was given to the promulgation of the Constitution

by an Oath taken by the Emperor in the Shintō Shrine (called the

“Sanctuary” in the English official text of the “Commentaries”) attached

to the palace. In this Oath—the second of its kind, the first having, as

we have seen, been taken in 1869—the Emperor bound himself “to maintain

and secure from decline the ancient form of government,” and, while

acknowledging the help received from the Imperial ancestors in the past,

implored the continuance of their support in the future.

The Constitution, as promulgated, consisted of seventy-six articles

divided into seven chapters, dealing, respectively, with the position

and prerogatives of the Sovereign, the rights and duties of the people,

the functions of the Diet, the relations between the Cabinet and the

Privy Council, the judicature and finance; and one of the supplementary

rules attached to it provided for its revision, a point reserved, as we

have seen, for the initiative of the Crown. Simultaneously with its

promulgation various accessory laws were enacted. These were the

Imperial House Law, mentioned in the Imperial Oath, the Imperial

Ordinance concerning the House of Peers, the Law of the Houses, the Law

of Election of the members of the House of Representatives and the Law

of Finance.

The general lines of the Constitution follow those of the Bavarian

Constitution, which was taken as the model. Its leading principles are

the small limitations placed on the Imperial prerogative and the

independence of the Cabinet, which is responsible to the Sovereign

alone, and not in any way to the Diet. No mention either of the Cabinet,

or of the Minister President, occurs in the Constitution, though they

are referred to in Prince Itō’s “Commentaries.” But Article LXXVI of the

Constitution provides that all existing enactments, in so far as they do

not conflict with it, shall continue in force. The enactment of 1885

reorganizing the Ministry comes under this rule. Consequently the

position of the Minister President, and of the Cabinet over which he

presided, remained unaltered after the Constitution came into operation.

The enumeration of the Imperial prerogatives occupies much space in the

Constitution. The chief points to be noted are that the Sovereign

exercises the legislative powers with the consent of the Diet; that his

sanction is necessary for all laws; that he is empowered on occasions of

emergency which arise when the Diet is not sitting to issue “Imperial

Ordinances” which have provisionally the force of law, but which require

the approval of the Diet at its next session, when, if not approved,

they cease to be operative; that he determines the peace standing of

both army and navy; and that the authority to declare war, make peace,

announce a state of siege and conclude treaties rests with him. All of

these matters are removed from the control of the Diet, which has also

no voice in any future modifications of the Law of the Imperial House.

The remarkable reverence for the Throne which is characteristic of the

people is illustrated by the declaration, in one of the early articles,

of the sacredness and inviolability of the person of the Emperor. This,

we are told in the “Commentaries,” is a consequence of his divine

descent. He must, indeed, it is explained, “pay due respect to the law,

but the law has no power to hold him accountable to it”—a statement

which seems to involve a contradiction in terms, for it is difficult to

understand how a Sovereign who is not accountable to law can be bound to

respect it.

Among the duties of Japanese subjects, as defined in the Constitution,

is liability to service in the army or navy. It should be explained,

however, that whereas service in the army is based on conscription

alone, recruiting for the navy is, in practice, based on the volunteer

system, supplemented by conscription. Their rights include immunity from

arrest, trial or punishment, except in accordance with the provisions of

the law; similar immunity in the matter of the entry or search of

houses, and as regards private correspondence; and freedom of religious

belief. With regard to the omission to place on record the fact that

there are two officially recognized religions, Shintō and Buddhism, one

may, after reading the explanations on this point given in the

“Commentaries,” be tempted to think that the last word has not been said

on the subject. At the same time it will be recognized that the course

adopted represents the simplest solution of the question.

The Diet, or Parliament—for Japanese writers, when writing in English,

use both terms indifferently—comprises two Chambers, a House of Peers

and a House of Representatives. The House of Peers is composed of

members of five different categories: (1) Members of the Imperial family

who have attained majority, fixed in such cases at twenty years; (2)

princes and marquises who have attained legal majority, namely,

twenty-five years; (3) other members of the nobility chosen by their

respective orders; (4) distinguished persons specially nominated by the

Emperor; and (5) persons (one for each urban and rural district) elected

by and from the highest taxpayers. Those coming under the first, second

and fourth categories are life members; those coming under the third and

fifth categories are elected for seven years. The number of members of

the House of Representatives, as originally fixed by the Constitution,

was 300, and there was a property qualification for membership. They are

elected by voters who have attained legal majority, and pay annually

direct national taxes amounting to about £1. Under the revised Electoral

Law which came into force in 1902 there is no longer any property

qualification for membership, the only conditions now being an age limit

of thirty years and the possession of civil rights. The same law reduced

both property and age qualifications in the case of electors, this

extension of the franchise resulting in the number of electors being

increased to 1,700,000; substituted the secret ballot for open voting;

and raised the number of members of the Lower House to 381, urban

districts returning 73 and rural districts 308. The large majority of

members in this Chamber have always belonged to the agrarian class. The

natural term of the House of Representatives is four years. Dissolution,

which is one of the Imperial prerogatives, applies only to the Lower

House. When it occurs, the Upper House (or House of Peers) is prorogued.

New elections must take place within five months from the date of

dissolution, the next session of the Diet becoming what is known as an

Extraordinary Session.

The Imperial House Law contains various provisions relating to the

succession to the Throne, which is limited to the male line; the

appointment of a Regent, for which post in certain circumstances the

Empress, Empress Dowager and other ladies of the Court are eligible,

and, during the minority of the Sovereign, of a governor, or guardian;

and the age (18) at which a Sovereign attains majority. A point to be

noted is the restriction of the custom of adoption in the case of the

Imperial Family, no member of which is allowed to adopt a son.

In concluding this brief sketch of the Constitution and accessory laws,

it may be well to mention a point which has an important bearing on the

practical working of the Japanese parliamentary system, namely, the

control exercised by the Diet over the Budget. This to some extent

remedies the weakness of parliamentary opposition parties—as compared

with similar parties elsewhere—which arises out of the fact that the

Cabinet is independent of the Diet. When conflicts over the Budget take

place, the Diet may by withholding supplies force a dissolution. In

these cases by the terms of the Constitution the Government is obliged

to substitute, in place of the rejected Budget, the Budget of the

previous financial year passed in the preceding session. Any new

financial programme, therefore, to which the Government may have

committed itself in the rejected Budget is consequently held up, and

cannot be proceeded with until a fresh Budget has been passed in a

subsequent extraordinary session of Parliament. This means a delay of at

least several months. The Government is, however, not necessarily always

the sufferer financially thereby, for, as Marquis Ōkuma points out in

his book already referred to, the effect of dissolutions occurring

through this cause has usually been to reduce expenditure rather than

revenue.

The first parliamentary elections were held in the summer of 1890, the

first session of the Diet taking place in the following autumn.

The Making of Modern Japan An Account of the Progress of Japan from Pre-feudal Days to Constitutional Government & the Position of a Great Power, With Chapters on Religion, the Complex Family System, Education, &c. · 第 18 / 31 章