"THE FIVEFOLD CONSTITUTION"
(A Speech by Dr. Sun Yat sen).
Comrades,
The subject of this speech will be the "Fivefold Constitution," which is the fruit exclusively of my own initiative and hitherto has been unknown. You know that the whole world strives for the establishment of a constitutional system. But what is constitution? A constitutional order is a system in which all political authority is divided into several component parts, independent of one another in their work. The constitutions of other countries are divided only into three component parts, but not into five. The constitution of five component parts is the fruit of my labours alone. From the moment of its appearance, very few have understood its purpose. I shall try to explain it.
Ten years ago I spoke on this subject, and apparently my audience was very inattentive. In all other countries there exists the so-called threefold constitution, and therefore it was very strange for them to hear of a new form, and they decided that it was purely the result of my fantasy. But I based the idea of my work on a very solid foundation. I studied the history of revolutions for over thirty years. After an unsuccessful revolt in Kwantung, I went abroad, and seriously began the study of the problem of government with a view to create the foundation for the future system of government of China.
After the successful conclusion of the revolt of the United States of America, the colonists who had secured complete independence of Great Britain laid at the foundation of their system of government a threefold constitution, the clauses and articles of which are distinguished by their exactness and clearness. This constitution is called in the political world a "written Constitution." Many countries followed the example of the U.S.A., and laid this constitution at the foundation of the law of their country. I studied the American constitution, which from the moment of its appearance was recognised as a model, not only by the American people itself, bu.t also by the British statesmen, who saw in it something superior to all other forms of constitution in other countries. I was very careful and painstaking about the study of this constitution, in order to secure a reply to the question : was it perfect or not ? The result of my work was the conviction that it suffers from many defects. Moreover, the opinion of some European arid American scholars about the American Constitution coincides with mine in many respects. To-day very many feel the imperfectness of the American Constitution. This is because all that was good and correct a hundred or two hundred years ago is by no means suitable to-day. From this angle, and also thanks to my intensive study of the question, I decided that these imperfections must be eliminated. The American students of political science are of the same opinion. Undoubtedly, the perfection of a constitution is not an easy matter. How is it to be done ? We have at our disposal neither materials nor the necessary books.
I remember that a certain American professor wrote a book, entitled. Liberty, in which he develops the idea that the threefold constitution does not correspond to the spirit of the times, and therefore he advises the introduction of a fourth component part, the "power of punishment" of members of Parliament, which, must be absolutely independent in its actions. He thinks that if Parliament possesses this power, cunning members of Parliament will abuse it and will always place the Government in a very difficult position. But his opinion also is not quite correct.
In America there are a fair number of people who feel the imperfection of their Constitution, and seek a method of improving it. But the method indicated is also imperfect. Why ? Because in the United States all public servants are elected by the people, but, in view of the existence of many difficulties in popular elections, and other grave defects, the method of limiting elections of officials is applied : the vote belongs only to people possessing certain privileges. Such a privilege is the possession of certain amount of property, which gives its owner the right to vote.
Undoubtedly such a form of restriction in elections at the present day is in contradiction to the spirit of equality, and gives rise to the vast growth of corruption. Moreover, in such a system we do not know^ who should be elected. Undoubtedly, those who are elected should possess certain qualities, but the right to vote should be extended to all citizens of the Republic. Such a system is called "Universal Suffrage."
It is not such a simple thing as to say that, once you have property, you can vote and be elected. I think that every worker in the public service, and every worker of the legislative institutions, ought to have certain knowledge and aptness for his work. Bu,t if he has neither knowledge nor aptitude, but only property, this is in contradiction to the requirements of the age. We must select those whom we need. Previously, there existed in China the method of examination for the Civil Service. But the old Chinese method was useless during the time of the dynasty, because the Emperor in those days was only concerned with finding the people he required to rule the country. However, this method is extremely useful and necessary for the Republic, as the whole people is unable to assemble to manage the affairs of the country. The examination section, therefore, is the fifth component part of which I have spoken.
The "United League," while it was still in Tokyo accepted the scheme of the "Three Principles" and the "Fivefold Constitution" as its programme. We decided at that time that, after the successful completion of the revolutionary insurrection, the constitution must he applied in practice. We did not imagine that, after the overthrow of the Manchu dynasty, anyone would take advantage of the difficult circumstances. Everyone thought that the very fact of the overthrow of the Manchu dynasty would be a proof that all would be organised as the people desired. The result is the existence of the so-called "Republican system" in China, which has not only not applied the principles for which the best sons of China struggled, but on the whole has even made matters worse. The reason for this, must be clear to you, even without my explanations. We must immediately bend all our efforts to applying the "Fivefold Constitution" which will lay the foundation for a strong and healthy form of government. We must have a good Constitution and then we shall be able to build up a real Republic.
We strive to make China a powerful and glorious country, but how can we bring this about? I think that the path must not be very difficult. This path is the application_of the" Fivefold Constitution." Let us "consider, at any rate, why we require this Constitution. If we desire to understand this, we must first make a review of political history for the space of several thousand years past. In political history" there exist two tendencies; one, "Liberty," the other, "Order." In political history just as in physics, there are two forces, centrifugal and centripetal. The tendency of the centrifugal force is extension without, the tendency of the centripetal is collection around the centre. If the centrifugal force is stronger than any object, the latter will break up into dust ; but if the centripetal force is the stronger, the object will only become slightly smaller and more compressed It is necessary that these two forces should be equal. The same applies to "Liberty" and '"Order." If the boundaries of ''Liberty" are widely extended, there is a possibility ..that anarchy will arise; but if "order" takes first place,, there will be the sway of absolutism. Political change for the last few thousand years are the result of the conflict of these two forces.
The history of China began with the dynasties of Tan and Yu: this period is called the "Golden Age." The history of China is the history of the movement from liberty to absolutism, while the history of Europe is the history of the movement from absolutism to liberty. Our people enjoyed liberty too long, and began to grow tired of it, and finally destroyed it. Then selfish emperors and kings took advantage of the opportunity to assume the toga of absolutism : the autocracy of the Tsing and Tang dynasties began. The political history of other countries goes from absolutism to liberty : in earlier times people suffered great misery, and therefore in those countries the saying arose: "Either liberty or death." Thus we can see the terrible meaning of absolutism at that time.
T'he history of Chinese political life goes from liberty to absolutism, the Chinese people in ancient times independently cultivated their fruit and dug well for their water, and were completely free. This is what the philosopher, Lao-tze(老子) said: "A country must be governed without interference." This is the popular conception of liberty, but did not know its value. This tradition has been maintained u,d to the present day. The apathy of the Chinese to liberty is a source of constant wonder to the Europeans. The character of European history is quite the reverse. From the moment of the fall of the Roman Empire, Europe was divided into a number of countries, the nations of which were in the position of slaves. During the last few centuries wars for liberty have gone on.
Whenever I have spoken above revolution, I have never confused this with the idea of winning liberty : the Chinese people think only of a complete political change, but do not connect this at all with the idea of liberty. The Chinese Emperors only demanded that the people should pay taxes and keep the peace. Hence it is clear why Europe criticises the Chinese people for a complete failure to understand the term "liberty." The Europeans do not enjoy complete liberty, and therefore fight to win it. Bu,t the Chinese have enjoyed unlimited liberty, and therefore do not know the meaning of the word.
These two tendencies of political history, absolutism, and liberty, are the distinguishing features separating China from Europe. But in political history there are also two classes of people : those who govern and those who are governed. Here is what one philosopher said on this subject: "There are men occupied with gymnastics of the mind, there are men occupied with gymnastics of the body.
The first will rule, the second will be ruled." Those who will rule must have knowledge, while those wdio will be ruled must not have knowledge. In Europe, the monarchical system and its Emperor were overthrown only during recent centuries, and the people enjoy comparative liberty. My "Fivefold Constitution" strives to destroy this distinction, thereby serving as the true and real path to the realisation of the principles of democracy!
Now let us speak of the place of origin of constitutions. A constitution was first created in England. From the time of the Great English Revolution, the power of the monarch gradually declined, and finally became a pure political tradition, like the "division of the three powers." But in reality the English do not know that these "three powers" were divided : they possess a natural feeling of love for liberty, and act as seems best to them.
Three hundred years ago there was a famous French scholar, Montesquieu, who published a book called The Spirit of Laws, which set ou.t the theory of the division of the three powers, and pointed out that the legislative, executive and judicial powers should be completely independent of one of the other. But thanks to the great development of her political parties, England changed her forms of government only gradually, and now her government is not one of free, independent and separate powers, but a single authority. The modern political system in England is that of the complete dictatorship of Parliament, the com- plete authority of a single party which governs the country. The system of government of the United States of America, on the other hand, is based on the theory of the division of three powers formulated by Montesquieu, and is expressed in the exact forms of a written constitution. Yet Montesquieu himself based his theory of the division of three powers on the political traditions of England. Later, the reforms in Japan and the revolutions in other Countries took as the basis of their constitution the Constitution of the United States. The English Constitution is not formulated in documents, whereas the American constitution is expressed in a formal way in documents. Therefore, the English Constitution is still called ''elastic," while the American is "strict" and "exact."
England is governed by individual persons, while the U.S.A. are governed by laws, although England is the country where there first appeared a constitution, though not drawn up in exact words. Our old Chinese system of government is a system of three powers, just like the English.
According to the above diagram, the Chinese system of government includes the power of examination, the power of punishment and the power of the Emperor, which includes legislative, judicial and administrative departments. The system of examinations is very valuable. It used to be distinguished for its accuracy, absence of bribes and freedom from personal influence : but later this strictness gradually began to be relaxed. As for the power of punishment, there were special officials in control of it . In the eventof the Emperor's actions being wrong, he too was subjected to punishment by this power, which insisted on punishment, even though this may be death. Thus this system deserves approval.
There is an American professor. Burgess, who has written a book entitled Liberty and Government, in which he says that the power of punishment in China is the best example of a compromise between liberty and government. The Chinese people have spoken little of liberty : the extreme of liberty is anarchism. The reason for the constant discussion of anarchism in Europe is its comparative newness there. The first known anarchist was the French thinker and philosopher, Proudhon, and then the Russian, Bakunin : the representative of anarchism at the present day was the Russian philosopher, Kropotkin, who died recently. Many have engaged in concentrated study of this tendency in political thought, simply because it was still quite new. It is laughable when people speak of Chinese students who study this theory and advocate it, trying not to fall behind the fashion, without speaking of whether they understand it or not. In essence, the theory of anarchism was known in China several thousand years ago, when many were greatly interested in it. Is not the theory of Hung and Lao anarchism? I repeat that people have talked of anarchism in China for several thousands of years :and it is only because the Chinese youth do not understand this that they fail to realise that such propaganda is quite unnecessary at the present time.
I have already said that both political tendencies, liberty and absolutism, must come to a compromise in order that neither should go to an extreme, like the centrifugal and centripetal forces. To speak only of the centrifugal or the centripetal force is undoubtedly wrong. We must speak of both. Any opinion of one side alone will never be successful. The equality of both forces and the combination of both tendencies constitute the promise of a great future for mankind. The work of the Constitution is like the work of a machine. Law is the mechanism of human affairs. The Constitution is a great machine— the machine of compromise between liberty and government.
At the beginning of our Revolution I put forward the idea of the "three principles" i.e. nationalism, democracy and socialism. These are the same words as were uttered by the President of the United States, Lincoln : "Government of the people, by the people, and for the people."
Men must govern themselves, and then they will be completely satisfied. If they cannot govern themselves, they cannot be satisfied. If we desire to overthrow the system of government of those who have developed their minds over those who nave been developed only physically, we must bear in mind that the human will can deal even with the heavens.
Let us go on the question of democracy, which for the people is a machine wherewith to fly, run, swim, and do all else that it pleases. But what kind of machine is it? This machine is a constitution.
This five-grade or Fivefold Constitution is our automobile, our submarine and our aeroplane. It is divided into the following authorities: legislative, judicial, administrative or executive, punishment and examining for civil servants — all completely independent of one another. It deprives the Emperor of his power and takes legislative, judicial and administrative authority away from him, making them quite independent. At the head of the administration stands the President ; at the head of the legislative machine is Parliament; at the head of the judiciary is a judge.
Every worker in State employment must first of all pass certain examinations. I remember that, when I arrived in Canton, many people asked me to give them posts in the Civil Service. The Government needed competent and experienced workers. But I knew none. Perhaps there were experienced old workers amongst these persons, but without a certain test of their knowledge I could do nothing.
Tn such a case this authority is very Useful. Many skilled people have been unknown to a large section of society because they were never subjected to examination. And sometimes it happens that ignorant and almost illiterate people achieve high posts, and thereby only awaken and develop sullen hostility in the hearts of the people. Thus we see that the examining power is a very essential and important link in the State machinery. Without this link it is as though we were without a conductor. Only with this system can we have experienced civil servants.
This system was adopted in practice by England a fairly long time ago, and by America about twenty or thirty years ago. All this was borrowed from China. The Chinese system of examination is the best in the world, and all countries now use it.
Above I mentioned that the legislative authority is headed by Parliament, the executive by the President, the judicial by a judge ; the examining and punishing authorities are also controlled by appropriate persons. When I was at Nanking, I requested the Senate to adopt the Fivefold Constitution. But they did not understand it, as it cut completely across their personal points of view. The Fivefold Constitution, the fruit of my own labours, is a vast machine. If you wish to travel hundreds of miles in a day, you take an automobile or an aeroplane ; if you wash to manage a country, you must use a machine which you can control.
This is the machinery for governing the country. Beside the Fivefold Constitution, a very important part is the direct right of citizens in local government. Direct right is the true "rights of man." It has four forms: electoral, the right of recall, the initative and the referendum. If the Fivefold Constitution can be compared to a vast machine, the direct right of citizens is the key to the machine. If citizens have the right of election, they should also have the right of dismissing the officials whom they elect. If citizens know of the existence of useful laws, which for some reason cannot pass the legislature, they should be able as a community to adopt them. Such a right is called the right of referendum.
