The Constitutional Development of Japan, 1853–1881/Chapter 5

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Chapter V.

Progress of the Constitutional Movement from the
Abolition of Feudalism to the Proclamation of
October 12, 1881.

The leaders of the Restoration were of an entirely different type from the court nobles of former days. They were, with a few exceptions, men of humble origin. They had raised themselves from obscurity to the highest places of the state by sheer force of native ability. They had studied much and travelled far. Their experiences were diverse; they had seen almost every phase of society. If they were now drinking the cup of glory, most of them had also tasted the bitterness of exile, imprisonment, and fear of death. Patriotic, sagacious, and daring, they combined the rare qualities of magnanimity and urbanity. If they looked with indifference upon private morality, they were keenly sensitive to the feeling of honor and to public morals. If they made mistakes and did not escape the charge of inconsistency in their policy, these venial faults were, for the most part, due to the rapidly changing conditions of the country. No other set of statesmen of Japan or of any other country, ancient or modern, have witnessed within their lifetime so many social and political transformations. They saw the days when feudalism flourished — the grandeur of its rulers, its antique chivalry, its stately etiquette, its ceremonial costumes, its codes of honor, its rigid social order, formal politeness, and measured courtesies. They also saw the days when all these were swept away and replaced by the simplicity and stir of modern life. They accordingly "have had to cast away every tradition, every habit, and every principle and mode of action with which even the youngest of them had to begin official life."

The ranks of this noble body of statesmen and reformers are now, alas! gradually breaking. Saigo, the elder, is no more. Kido and Iwakura have been borne to their graves. Okubo and Mori have fallen under the sword of fanatics. But, thanks to God, many of them yet remain and bear the burdens of the day.

I have mentioned in Chapter III. the overthrow of feudalism and its causes. Its immediate effect on the nation, in unifying their thoughts, customs, and habits, was most remarkable. From this time we see the marked growth of common sentiment, common manners, common interest among the people, together with a love of peace and order.

While the government at home was thus tearing down the old framework of state, the Iwakura Embassy in foreign lands was gathering materials for the new. This was significant, inasmuch as five of the best statesmen of the time, with their staff of forty-four able men, came into association for over a year with western peoples, and beheld in operation their social, political and religious institutions. These men became fully convinced that "the wealth, the power, and the happiness of a people," as President Grant told them, "are advanced by the encouragement of trade and commercial intercourse with other powers, by the elevation and dignity of labor, by the practical adaptation of science to the manufactures and the arts, by increased facilities of frequent and rapid communication between different parts of the country, by the encouragement of immigration, which brings with it the varied habits and diverse genius and industry of other lands, by a free press, by freedom of thought and of conscience, and a liberal toleration in matters of religion."[1]

The impressions and opinions of these men on the importance of a free and liberal policy can be gleaned from the speeches they made during the western tour, and some of their writings and utterances on other occasions.

The chief ambassador, Iwakura, in reply to a toast made to him in England, said: "Having now become more intimately acquainted with her (England's) many institutions, we have discovered that their success is due to the liberal and energetic spirit by which they are animated."[2]

Count Ito, the present President of the Privy Council, in his speech at San Francisco, said: "While held in absolute obedience by despotic sovereigns through many thousand years, our people knew no freedom or liberty of thought. With our material improvement they learned to understand their rightful privileges, which for ages have been denied them."[3]

Count Inouye, the ex-Minister of State for Agriculture and Commerce, in his memorial to the government in 1873, said: "The people of European and American countries are for the most part rich in intelligence and knowledge, and they preserve the spirit of independence. And owing to the nature of their polity they share in the counsels of their government. Government and people thus mutually aid and support each other, as hand and foot protect the head and eye. The merits of each question that arises are distinctly comprehended by the nation at home, and the government is merely its outward representative. But our people are different. Accustomed for ages to despotic rule, they have remained content with their prejudices and ignorance. Their knowledge and intelligence are undeveloped and their spirit is feeble. In every movement of their being they submit to the will of the government, and have not the shadow of an idea of what 'a right' is. If the government makes an order, the whole country obeys it as one man. If the government takes a certain view, the whole nation adopts it unanimously. . . . The people must be recalled to life, and the Empire be made to comprehend with clearness that the objects which the government has in view are widely different from those of former times."[4]

If the passages quoted illustrate statesmen's zeal to intro- duce western civilization, and to educate the people gradually to political freedom and privileges, their actions speak more eloquently than their words. In order to crush that social evil, the class system, which for ages had been a curse, the government declared all classes of men equal before the law, delivered the eta — the class of outcasts — from its position of contempt, abolished the marriage limitations existing between different classes of society, prohibited the wearing of swords, which was the peculiar privilege of the nobles and the Samurai; while to facilitate means of communication and to open the eyes of the people to the wonders of mechanical art, they incessantly applied themselves to the construction of rail- roads, docks, lighthouses, mining, iron, and copper factories, and to the establishment of telegraphic and postal systems. They also codified the laws, abolished the use of torture in obtaining testimony, revoked the edict against Christianity, sanctioned the publication of newspapers, established by the decree of 1875 the "Genro-in (a kind of Senate) to enact laws for the Empire, and the Daishin-in to consolidate the judicial authority of the courts,"[5] and called an assembly of the prefects, which, however, held but one session in Tokio.

While the current of thought among the official circles was thus flowing, there was also a stream, in the lower region of the social life, soon to swell into a mighty river. Social inequality, that barrier which prevents the flow of popular feeling, being already levelled, merchants, agriculturists, tradesmen, artisans and laborers were now set at liberty to assert their rights and to use their talents. They were no longer debarred from places of high honor.

The great colleges and schools, both public and private, which were hitherto established and carried on exclusively for the benefit of the nobles and the Samurai, were now open to all. And in this democracy of letters, where there is no rank or honor but that of talent and industry, a sentiment was fast growing that the son of a Daimio is not necessarily wiser than the son of a peasant.

Teachers of these institutions were not slow to infuse the spirit of independence and liberty into their pupils and to instruct the people in their natural and political rights. Mr. Fukuzawa, a schoolmaster, an author, and a lecturer, the man who exercised an immense influence in shaping the mind of young Japan, gave a deathblow to the old ideas of despotic government, and of the blind obedience of the people, when he declared that government exists for the people and not the people for the government, that the government officials are the servants of the people, and the people their employer. He also struck a heavy blow at the arrogance and extreme love of military glory. of the Samurai class, with whom to die for the cause of his sovereign, whatever that cause might be, was the highest act of patriotism, by advocating that "Death is a democrat, and that the Samurai who died fighting for his country, and the servant who was slain while caught stealing from his master, were alike dead and useless."

In a letter to one of his disciples, Mr. Fukuzawa said: "The liberty of which I have spoken is of such great importance that everything should be done to secure its blessings in the family and in the nation, without any respect to persons. When every individual, every family and every province shall obtain this liberty, then, and not till then, can we expect to witness the true independence of the nation; then the military, the farming, the mechanical, and mercantile classes will not live in hostility to each other; then peace will reign throughout the land, and all men will be respected according to their conduct and real character."[6]

The extent of the influence exercised with pen and tongue by these teachers upon the nation showed that the reign of sword and brutal force was over and the day of peace and reason had dawned. The press has at last become a power. The increase during that period of publications, both original and translations, and of newspapers, both in their number and circulation, is marvellous. To give an illustration, the number of newspapers transmitted in the mails increased from 514,610 in the year 1873 to 2,629,648 in the year 1874 — an increase of 411 per cent in one year-"a fact which speaks volumes for the progress of civilization."[7]

These newspapers were soon to become the organs of political parties which were in the process of formation. The most prominent among these political societies was the Ri-shi-sha, which finally developed into the present Liberal party. At the head of this party was Count Itagaki, a man of noble character and of marked ability, who had rendered many useful services to the country in the time of the Restoration and had for some years been a member of the cabinet, but who in 1875 resigned his office and became "the man of the people." He and his party contributed greatly to the development of constitutional ideas. Whatever may be said as to the extreme radicalism and childish freaks of the rude elements of this party, the presence of its sober members, who sincerely longed to see the adoption of a constitutional form of government and used only proper and peaceful means for the furtherance of their aim, and boldly and frankly told what they deemed the defe government; the presence of such a party in the country, whose masses knew nothing but slavish obedience to every act of the government, was certainly a source of great benefit to the nation at large.

In 1873, Count Itagaki with his friends had sent in a memorial to the government praying for the establishment of a representative assembly, but they had not been heeded by the government. In July, 1877, Count Itagaki with his Ri-shi-sha again addressed a memorial to the Emperor, "praying for a change in the form of government, and setting forth the reasons which, in the opinion of the members of the society, rendered such a change necessary."

These reasons were nine in number and were developed at great length. Eight of them formed a direct impeachment of the present government, and the ninth was a reminder that the solemn promise of 1868 had never been fulfilled. "Nothing," they conclude, "could more tend to the well-being of the country than for your Majesty to put an end to all despotic and oppressive measures, and to consult public opinion in the conduct of the government. To this end a representative assembly should be established, so that the government may become constitutional in form. The people would then become more interested and zealous in looking after the affairs of the country; public opinion would find expression, and despotism and confusion ceasc. The nation would advance in civilization; wealth would accumulate in the country; troubles from within and contempt from without would cease, and the happiness of your Imperial Majesty and of your Majesty's subjects would be secured."

But again the government heeded not, its attention at the time being fully occupied with the suppression of the Satsuma Rebellion. The civil war being ended, in 1878, the year which marked a decade from the establishment of the new régime, the government, persuaded that the time for popular institutions was fast approaching, not alone through representations of the Tosa memorialists, but through many other signs of the times, decided to take a step in the direction of establishing a national assembly. But the government acted cautiously. Thinking that to bring together hundreds of members unaccustomed to parliamentary debate and its excitement, and to allow them a hand in the administration of affairs of the state, might be attended with serious dangers, as a preparation for the national assembly the government established first local assemblies. Certainly this was a wise course.

These local assemblies have not only been good training schools for popular government, but also proved reasonably successful. They hold their sessions every year, in the month of March, in their respective electoral districts, and there discuss all questions of local taxation. They may also petition the central government on other matters of local interest. The members must be males of the full age of twenty-five years, who have been resident for three years in the district and pay the sum of $10 as a land tax within their district. The qualifications for electors (males only) are: an age of twenty years, registration, and payment of a land tax of $5. Voting is by ballot, but the names of the voters are to be written by themselves on the voting papers. There are now 2172 members who sit in these local assemblies, and it was from the more experienced members of these assemblies that the majority of the members of the House of Representatives of the Imperial Diet, convened for the first time last year, were chosen.

The gulf between absolute government and popular government was thus widened more and more by the institution of local government. The popular tide raised by these local assemblies was swelling in volume year by year. New waves were set in motion by the younger generation of thinkers. Toward the close of the year 1881 the flood rose so high that the government thought it wise not to resist longer. His Imperial Majesty hearing the petitions of the people, graciously confirmed and expanded his promise of 1868 by the famous proclamation of October 12, 1881:

"We have long had it in view to gradually establish a constitutional form of government. . . . It was with this object in view that in the eighth year of Meiji (1875) we established the Senate, and in the eleventh year of Meiji (1878) authorized the formation of local assemblies. . . . We therefore hereby declare that we shall, in the twenty-third year of Meiji (1890) establish a parliament, in order to carry into full effect the determination we have announced; and we charge our. faithful subjects bearing our commissions to make, in the meantime, all necessary preparations to that end."


  1. C. Lanman, The Japanese in America, p. 33.
  2. Mossman's New Japan, p. 442.
  3. C. Lanman, The Japanese in America, p. 14.
  4. The translation of the whole memorial is given in C. Lanman's Leading Man of Japan, p. 87.
  5. The Imperial decree of 1875.
  6. The translation given in C. Lanman, Leading Men of Japan, p. 47.
  7. See the Appendix of Griffis' The Mikado's Empire.