Advisory_Council_(Qing_dynasty)

Advisory Council (Qing dynasty)

Advisory Council (Qing dynasty)

Pre-parliamentary body in China

The Advisory Council (Chinese: 資政院), also known as the Government Advisory Council,[1] Political Advisory Council,[2] or Political Advisory Board,[3] was a preparatory body for the parliament established in 1910. It was part of the New Policies in the late Qing dynasty, of which the Qing court was moving toward the implementation of a constitution. In September 1907, the Guangxu Emperor promulgated a decree on the setting up of the Advisory Council, following by the provincial Consultative Bureaus in October.

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The Advisory Council was established on 6 November 1906, and formally opened on 10 October 1910, after the first parliamentary election in last October. The council was dissolved on 12 February 1912 along with the end of the Qing dynasty, and was replaced by the Provisional Senate of the Republic of China.[4][5][6]

History

After the Boxer Protocol was signed in 1901, the Qing court returned to its capital of Beijing eager to reform the realm's governance. In around August 1906, the Guangxu Emperor declared the start of preparative constitutionalism after the study by the Constitutionalism Commission on foreign politics. Two months later, Yikuang, Prince Qing, recommended forming an Advisory Council to prepare for the institution of a parliament.[7] On 6 November 1906, the Emperor issued an edict to revamp the governmental institutions, including the establishment of Advisory Council.[8]

On 20 September 1907, the Emperor appointed Pulun and Sun Jialun as joint Presidents of the council,[8] and delegated to them the writing of its charter. In August 1908, the electoral system of the Council and the Provincial Assemblies were approved and governors of provinces were asked to hold relevant elections within a year. Half of the Council members were elected by members of the Assemblies, while the other half were appointed by the imperial court.[7]

The Council and the Commission further jointly agreed to a nine-year plan for installing constitutionalism. Provincial Assemblies were formed in 1908, with elections of the Assemblies and the Council to be held a year later. The council was to be convened and formally opened in 1910. The constitution of the state, Parliamentary Law, Parliamentary Election Law, and election of the bicameral members were expected in 1916. By then constitutional monarchy would have formally replaced absolute monarchy.[7]

The elections of the Council and Provincial Assemblies held as laid down in the plan. The bicameral parliament, however, did not come into existence as Qing dynasty was overthrown and Emperor Puyi forced to abdicate in 1912.

Session

The Council convened for the first time on 3 October 1910, with the President declaring it as "the unprecedented grand ceremony" in the Chinese history. All 196 members of the council were divided evenly in 6 divisions, followed by election of division head (股長) and director (理事).[9]

The second meeting marked the state opening of the council, attending by the regent and virtually all ministers of the court. Attendants first kowtowed to the throne. The regent then announced the edict and addressed the council. The Council agreed the President and the Vice President to present a humble address to thank His Majesty on behalf of the members. The meeting subsequently ended.[10]

A total of 42 meetings were held, 9 of which was after the extension of the council's session.

On 18 December, the Council presented humble address (palace memorial) to the court over forming cabinet as responsibilities of Grand Council were unclear, which the court denounced as "interference by councillors" and insisted the court shall decide on matters of such. On 30 December, the Council presented another address to urge ending the policy of Manchu hairstyle and clothing.[11]

According to the records of proceedings, the council was closed on 11 January 1911 without the attendance of the regent. The edict was announced and the President kowtowed to the throne, marking the end of the first session of the council.[12]

List of meetings in the first session with excerpted part of issues discussed:
  1. 23 September 1910, preparatory meeting and election of division heads and directors.
  2. 3 October 1910, state opening of the Council.
  3. 4 October 1910
  4. 6 October 1910
  5. 7 October 1910
  6. 14 October 1910
  7. 17 October 1910
  8. 19 October 1910
  9. 22 October 1910, adopted Motion on Petition for Expeditious Establishment of Parliament (陳情速開國會議案) with unanimous support.
  10. 26 October 1910
  11. 28 October 1910
  12. 31 October 1910
  13. 3 November 1910
  14. 7 November 1910
  15. 9 November 1910, meeting ended without agendum proceeded as Grand Councillors did not attend questioning session over not penalising Governor of Hunan for bypassing provincial assembly.
  16. 12 November 1910
  17. 15 November 1910
  18. 17 November 1910
  19. 18 November 1910
  20. 22 November 1910, agreed to draft a palace memorial on impeaching Grand Councillors for violating separation of powers after resolutions of the Council vetted by executive departments.
  21. 25 November 1910, impeachment attempt ended after agreed to draft another palace memorial on establishing cabinet.
  22. 30 November 1910
  23. 2 December 1910
  24. 10 December 1910, adopted Palace Memorial Draft on Demarcation of Responsibilities of Privy Councillors and Expeditious Establishment of Responsible Cabinet (明定樞臣責任並速設責任內閣具奏案折稿) with 129 ayes out of 151 members.
  25. 13 December 1910
  26. 15 December 1910, adopted Motion on Shaving hair and Changing Costume (剪髮易服議案) with 101 ayes, 27 noes, and 6 invalid ballots; division marred by irregularities after a ballot of an absent member was cast.
  27. 19 December 1910, agreed to draft another palace memorial on demarcation of responsibilities of Grand Councillors (synonym of Privy Councillors) with 102 ayes out of around 127 members; discussed requesting the palace to dissolve the Council after earlier Memorial was rejected by regent Tsai Feng.
  28. 21 December 1910, agreed to amend the drafted palace memorial over Grand Councillors with 86 ayes out of 127 members after the original draft defeated with only 63 ayes.
  29. 24 December 1910, adopted Palace Memorial Draft on Expeditious Establishment of Responsible Cabinet (速設責任內閣具奏案折稿) with 86 ayes out of around 142 members.
  30. 26 December 1910, revoked decision on presenting Palace Memorial to the Emperor over establishing cabinet with 85 ayes out of around 129 members after the court directed the Constitutionalism Commission to formulate structure of the cabinet; discussed the repeal of Company Law over alleged embezzlement in Sichuan Railway which would evolve into Railway Protection Movement.
  31. 28 December 1910, agreed to draft another palace memorial over impeachment of Grand Councillors without opposition.
  32. 29 December 1910, adopted palace memorial draft on extending meeting session for 10 days after 1 January 1911; meeting adjourned after one member short of two-third quorum.
  33. 30 December 1910, adopted written statement draft to the Constitutionalism Commission over cabinet set-up, palace memorial draft over impeachment with 88 ayes out of ~132 members, palace memorial draft over Sichuan Railway.
  34. 3 January 1911, agreed to draft the final palace memorial to explain the role of the Council after the palace memorial was ignored without reply from the Emperor.
  35. 4 January 1911, agreed to recommend the Ministry of Civil Affairs to ban the newspaper which insulted members of the Council as "homeless dog".
  36. 5 January 1911, adopted the final part of the budget.
  37. 6 January 1911
  38. 7 January 1911
  39. 8 January 1911
  40. 9 January 1911, meeting started late and adjourned as quorum not met.
  41. 10 January 1911, final day of meeting, adopted amendments to Assembly and Association Law including repealing restraints on size of assembly, which would encourage the emergency of political parties in the late Qing.
  42. 11 January 1911, closing of the Council.

However, the Council continued deliberation. On 25 January 1911, part of the new criminal code was promulgated after adoption by the council. Two days later, the standardised treasury regulation was adopted by the council, along with the 1911 (Xuantong Year 2) budget on the next day. During the Railway Protection protest, the Council passed resolution against government's nationalisation plan, which was in turn rejected.[11]

The second session of the Council started on 22 October 1911, days after outbreak of 1911 revolution. The Council recommended sacking of Sheng Xuanhuai as Minister of Mail for "violating rights, breaking laws, deceiving the Emperor", and calling him as the one "damaging the empire the most", which was agreed by the Emperor. Eight days later, the Council called for replacing the cabinet of Princes and to be completely responsible with non-royals as ministers of state, which was agreed by the court. On 3 November, Nineteen Articles were announced by the court after the Council voiced support for constitutional monarchy. The Charter of the council was amended on 20 November. On 27 October, upon recommendation from the council, the court finally repealed ban on Han hairstyle and costume and replaced lunar calendar with solar calendar.[11]

One of the last acts of the council was the election of Yuan Shikai as the Prime Minister.[11] The council was dissolved upon the end of the Qing dynasty.

Power

According to the Charter of the Council amended on 3 July 1911 –[13]

Article 14

Advisory Council shall decide on matters of –

  1. Financial budgets on income and expenditure of the state;
  2. Final accounts on income and expenditure of the state;
  3. Taxation and public debt;
  4. Legislations and amendments thereof, except constitution; and
  5. Other issues upon directives by extraordinary edicts.

Article 15

Motions under subsection 1 to 4 of the aforesaid article shall be drafted and presented by cabinet ministers, and submit to the Council at meetings. Advisory Council, however, can draft and present motions at its initiative for matters under subsection 3 and subsection 4.

Article 16

Resolutions on matters particularised in Article 14 by the Advisory Council shall be presented by President or Vice President upon consultation with cabinet ministers for decisions by the Emperor.

Members

Some members resigned during the session and the vacancies were filled according to the precedence list.

More information Position, Member ...
More information No., Member Peerage ...
  1. Key:  Constitutionalist party ;  Revolutionaries party ;  Nonpartisan . Translation for reference only. Party membership from[16]

Supplementary members include:

  • 不入八分鎮國公載岐 (27 May 1911 appointed)[17]
  • 三等承恩公瑞興 (27 May 1911 appointed)[17]
  • 札薩克郡王鞥克濟爾噶勒 (27 May 1911 appointed)[17]
  • 札薩克輔國公巴彥濟爾噶勒 (27 May 1911 appointed)[17]
  • 黎湛枝 (22 July 1911 appointed)[18]
  • 恩華 (22 July 1911 appointed)[18]
  • 錢承鋕 (22 July 1911 appointed)[18]
  • 范源濂 (22 July 1911 appointed)[18]
  • 陳錦濤 (22 July 1911 appointed)[18]
  • 奉國將軍溥善 (3 October 1911 appointed)[19]
  • 一等侯德啟 (3 October 1911 appointed)[19]
  • 彥惠 (3 October 1911 appointed)[19]
  • 王季烈 (3 October 1911 appointed)[19]
  • 程明超 (3 October 1911 appointed)[19]
  • The inaugural meeting of the Advisory Council on 3 October 1910.
  • The Advisory Council building

See also

References

  1. [1]
    Xiaoqun Xu (2020). Heaven Has Eyes: A History of Chinese Law. Oxford University Press. pp. 110–. ISBN 978-0-19-006004-6.
  2. [2]
    John Gillespie; Albert H.Y. Chen (13 September 2010). Legal Reforms in China and Vietnam: A Comparison of Asian Communist Regimes. Routledge. pp. 197–. ISBN 978-1-136-97842-5.
  3. [3]
    Joan Judge (1 March 1997). Print and Politics: 'Shibao' and the Culture of Reform in Late Qing China. Stanford University Press. pp. 295–. ISBN 978-0-8047-6493-3.
  4. [4]
    Wang Dezhi (2005). Origins of Constitutional Concepts in China. Shandong People's Publishing House. ISBN 978-7-209-03709-9.
  5. [5]
    Chinese Legal History. Shanghai People's Publishing House. 2003. ISBN 9787208047273.
  6. [6]
    Modern Chinese History Dictionary. Chinese Communist Party History Press. 1992. ISBN 978-7-80023-476-7.
  7. [7]
    "志八十八／選舉八／新選舉" [Chapter of Events 88 / Elections 8 / New elections]. 清史稿 [Draft History of Qing] (in Chinese). Vol. 113.
  8. [8]
    "本紀二十四 德宗本紀二" [Chapter of Historiography 24, Dezong Historiography 2]. 清史稿 [Draft History of Qing] (in Chinese). Vol. 24.
  9. [9]
    李 2011, pp. 1–3
  10. [10]
    李 2011, pp. 4–5
  11. [11]
    "本紀二十五 宣統皇帝本紀" [Chapter of Historiography 25, Xuantung Historiography]. 清史稿 [Draft History of Qing] (in Chinese). Vol. 25.
  12. [12]
    李 2011, pp. 716
  13. [13]
    "改訂資政院院章" [Amended Charter of Advisory Council] (in Chinese). 1911-07-03. Retrieved 2022-12-20.
  14. [14]
    錢, 實甫 (1980). 清代職官年表. Beijing: 中華書局. p. 3093.
  15. [15]
    李 2011, pp. 740–778
  16. [16]
    張, 玉法 (1985). 清季的立憲團體. 中央研究院近代史研究所.
  17. [17]
    "交旨" (PDF). 政治官報: 3. 1911-05-28.
  18. [18]
    "交旨" (PDF). 政治官報: 2. 1911-07-23.
  19. [19]
    "北京専電". 時報. 1911-10-05. p. 2.; 內閣官報 of 1911-10-04

Sources

  • 李, 啟成 (2011). 資政院議場會議速記錄 [Records of Proceedings on Floor of Advisory Council] (in Chinese) (1st ed.). Shanghai: 上海三聯書店. ISBN 978-7-5426-3462-7.
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