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[1] On the Manchu constitutional programs, see Columbia University Studies in Political Science, Vol. XL, No. 1: Yen, Hawkling L., "A Survey of Constitutional Development in China"; Vinacke, Harold Monk, Modern Constitutional Development in China, Princeton, 1920; Cameron, Meribeth, The Reform Movement in China, 1898–1912, Stanford University, 1931; and Hsieh, Pao Chao, The Government of China (1644–1911), Baltimore, 1925. The earlier constitutional developments under the Republic are summarized in Escarra, Jean, Le Droit Chinois, Paris and Peiping, 1936, which includes excellent bibliographies; Tsêng Yu-hao, Modern Chinese Legal and Political Philosophy, Shanghai, 1934, Ch. VI, "The Law of Modern Chinese Constitutions"; a characteristic proposal for a pre-Kuomintang constitution is Bau, Mingchien Joshua, Modern Democracy in China, Shanghai, 1927; and the works of Lum, Wu, and Linebarger, cited above.

[2] The text of the Yüeh Fa is to be found in The China Year Book, 1932, Shanghai, 1932, and in Lum, work cited, p. 161 ff., and Wu Chih-fang, work cited, p. 410 ff. The Chinese texts of all outstanding Chinese constitutions, from the Imperial programs down to the Double Five Draft of the Hsien Fa are to be found in Wang Shih-chieh, Pi-chiao Hsien-fa, Shanghai, 1937, p. 699–796.

[3] I.e., Sun Yat-sen; Chung-shan was a revolutionary alias, which became a ceremonial posthumous name.

[4] The term "Chinese Kuomintang" is not a redundancy; the original is Chung-kuo Kuo-min-tang, "Central-Realm Realm-people-association," and could be translated as the Chinese Nationalist Populist Party, National Democratic Party, the Nation's People's Party, etc. Several Japanese organizations have had exceedingly similar names; hence the formal style for the Kuomintang is always prefaced by China.

[5] Wang Shih-chieh, work cited, p. 649–50.

[6] The Double Five Draft Constitution is to be found in Chinese in Wang Shih-chieh, work cited, and in English in Council of International Affairs, Information Bulletin, Vol. III, No. 10 (April 11, 1937), Nanking; Hsia, C. L., "Background and Features of the Draft Constitution of China"; in Legislative Yüan, "Draft of the Constitution of the Republic of China," Nanking, 1937; in The China Year Book, Shanghai, and The Chinese Year Book, Shanghai and Hong Kong, v.i. and v.d. The latest version of the Draft Constitution is reprinted below. Appendix I (A), p. 283; the latest Chinese annotated version of this is the Legislative Yüan, Chung-hua Min-kuo Hsien-fa Ts'ao-an Shuo-ming-shu (An Elucidation of the Draft Permanent Constitution of the Chinese Republic), [Chungking], XXIX (1940).

[7] For a critique and appreciation of the final Draft Constitution, see Wu, John C. H., "Notes on the Final Draft Constitution" in Tien Hsia Monthly, Vol. X, No. 5 (May 1940), p. 409–26. (Dr. Wu is one of the most extraordinary personages of the modern world; he has taken all knowledge—East Asiatic and Western—for his province. He writes a spirited, graceful English and is capable of discussing anything from modern politics or abstruse points of Anglo-American law to ancient Chinese hedonism or the philosophical implications of the Autobiography of St. Thérèse of Lisieux. Dr. Wu, in a bomb-shelter, possesses much of the moral poise and profound personal assurance for which such Westerners as T. S. Eliot seek in vain.) See also Hsia, C. L., "A Comparative Study of China's Draft Constitution with That of Other Modern States," in The China Quarterly, Vol. 2, 1936–7, No. 1 (Summer), p. 89–101 and Hoh Chih-hsiang, "A History of Constitution Making in China," the same, Vol. 1, 1935–6, No. 4 (Summer), p. 105–117.

[8] For a more extended discussion of this point, see the author's The Political Doctrines of Sun Yat-sen: An Exposition of the San Min Chu I, Baltimore, 1937, p. 218 ff., and also p. 96 ff.

[9] See Sun Fo [President of the Legislative Yüan, and son of Sun Yat-sen], "The Spirit of the Draft Permanent Constitution," in The China Quarterly, Vol. V, No. 3 (April 1940), Shanghai, p. 377–84.

[10] See Appendix I (F), p. 318-24, below.

[11] See below, p. 106 ff., and Appendix I (G), p. 324.

[12] This constitution is available in Yakhontoff, Victor A., The Chinese Soviets, New York, 1934, p. 217–21, and in Kun, Bela [prefator], Fundamental Laws of the Chinese Soviet Republic, New York, 1934, p. 17–24. The writer has been unable to secure the Chinese text of this document.

[13] China Information Committee, Chungking, News Release, No. 351 (February 25, 1939), p. 2269–71.

[14] [Chiang K'ai-shek], Tsung-ts'ai Chien-kuo Yen-lun Hsüan-chi (The Party Chief's Utterances on Reconstruction), Chungking, 1940, p. 237–43. The Generalissimo concluded his speech with a homiletic touch which is so characteristic that it may be included here; it also explains his relative lack of interest in the Constitution: "Lastly, I have another point to tell you gentlemen. I have already repeated this, again and again, many times. Desiring to complete our revolutionary work and national reconstruction, and to have a constitutional government as seen in many modern states as soon as possible, I often study the causes of the weakness and disorder which exist in our country. … [He cites the traditional political vigor and excellence of the centuries before the time of Christ, with the "degeneration" and "departure from order" of the following centuries.] The departure is not simply due to the failures in politics and education and to the deprivation of the popular rights by a few tyrannical kings and lords since the Ch'in and Han periods. It is due to the fact that before the Chou, we had government by law [fa chih] as a mere supplement to government by social standards [li chih, also translatable as ideological control, or control through moral indoctrination]. We had social organization as the foundation of political organization. Everything was then well-organized and well-trained. Everywhere, in schools, in armies, in families, in society, order and the forms of propriety [i.e., social standards] were regarded as most important. No citizen could evade his duty and obligation."

[15] Thomas Hobbes, Leviathan, New York and London, 1934 (Everyman's Edition), p. 49.

[16] The writer is indebted for much of the material in this chapter to Dr. Djang Chu, of the New Life Movement Headquarters, Chungking, who supplied it to him in the form of a lecture and other memoranda. Dr. Djang is, of course, not responsible for any reinterpretations here made.

[17] See Appendix I (D), p. 309.

[18] Liu Shih, "Chung-kuo Hsien-chêng Yün-tung-ti Chi-ko Chieh-tuan" (Stages of the Chinese Constitutional Movement) in Li-lun yü Hsien-shih (Theory and Reality), Vol. 1, No. 3, November 15, 1939, p. 13 ff.

[19] From Tso Tao-fen, "A Few Questions Regarding the Constitution" in Ch'üan-min K'ang-chan Shê [The United Front Club], Hsien-chêng Yün-tung Lun-wên Hsüan-chi (A Symposium on the Constitutional Movement), Chungking, 1940, p. 1 ff.

[20] Statement of Col. Ch'in Po-k'u at the Chungking office of the 18th [Communist] Army Corps Headquarters, on July 29, 1940, to the author.

[21] China at War, Vol. IV, No. 5 (June 1940), p. 79 ff.