Embarrassed Monarchist: Frank J.Goodnow and Constitutional Development in China,1913-1915 Noel Pugach The author is a member of the history department in the University of New Mexico. TH BrTING SATIRE,the cartoon in the Baltimore Evening Sun portrayed Professor Frank J.Goodnow as the carpenter who helped President Yuan Shih-k'ai tear down China's infant republic in or- der to restore the empire.1 In particular,it referred to the intentions and use of Goodnow's memorandum of July 1915 which concluded that,in view of her history and political experience,China would be better served by a constitutional monarchy as long as certain spe- cific conditions could be met.?Read by itself,the memorandum might be considered an academic treatise by a noted political scien- tist,as indeed some supporters of Yuan sorely tried to claim.3 But viewed within the context of the attempt to raise Yuan to the imperial throne,the conclusions drawn by contemporaries were either that Goodnow had been duped by the monarchists or that he approved of and aided the movement. 1 Baltimore Evening Sun,Dec.14,1915. 2 The text of the memorandum may be found in U.S.Dept.of State,Papers Re- lating to the Foreign Relations of the United States,1915 (Washington,1924),53-58 (hereafter this collection will be referred to as FR with the appropriate year). 3 Baltimore Sun,Aug.25 and 31,1915;Journal of the American Asiatic Association, XV (Sept.1915),225 (hereafter cited as JA44). 499 This content downloaded from 137.222.248.222 on Wed,24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
Embarrassed Monarchist: Frank J. Goodnow and Constitutional Development in China, 1913-1915 Noel Pugach The author is a member of the history department in the University of New Mexico. W ITH BITING SATIRE, the cartoon in the Baltimore Evening Sun portrayed Professor Frank J. Goodnow as the carpenter who helped President Yuan Shih-k'ai tear down China's infant republic in order to restore the empire.' In particular, it referred to the intentions and use of Goodnow's memorandum of July 1915 which concluded that, in view of her history and political experience, China would be better served by a constitutional monarchy as long as certain specific conditions could be met.2 Read by itself, the memorandum might be considered an academic treatise by a noted political scientist, as indeed some supporters of Yuan sorely tried to claim.3 But viewed within the context of the attempt to raise Yuan to the imperial throne, the conclusions drawn by contemporaries were either that Goodnow had been duped by the monarchists or that he approved of and aided the movement. 1 Baltimore Evening Sun, Dec. 14, 1915. 2 The text of the memorandum may be found in U. S. Dept. of State, Papers Relating to the Foreign Relations of the United States, 1915 (Washington, 1924), 53-58 (hereafter this collection will be referred to as FR with the appropriate year). 3 Baltimore Sun, Aug. 25 and 31, 1915; Journal of the American Asiatic Association, XV (Sept. 1915), 225 (hereafter cited as JAAA). 499 This content downloaded from 137.222.248.222 on Wed, 24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
500 PACIFIC HISTORICAL REVIEW Paul S.Reinsch,a fellow political scientist and then United States minister to China,generally defended Goodnow in his memoir,An American Diplomat in China.Goodnow,he claimed,had honestly stated his position in a theoretical statement "prepared simply for the information of the President."Unbeknown to Goodnow,how- ever,a group of supporters of the monarchical scheme had arranged for the memorandum in order to forward their own ambitions. "Advisors had been so generally treated as academic ornaments," Reinsch testified,"that Doctor Goodnow did not suspect that in this case his memorandum would be made the starting point and basis of positive action." Subsequently,historians have differed in their assessment of Goodnow's actions.Tien-yi Li,who sympathizes with the American attempt to create a stable government in China,feels that Good- now's memorandum was unfairly misquoted by the monarchists, but refrains from saying that the professor was duped.In his harsh biography of Yuan Shih-k'ai,Jerome Ch'en is more blunt:it was naive for such an eminent scholar to speak on such sensitive matters. Nemai Sadhan Bose,relying on Reinsch's account,concludes that Goodnow was fooled and agrees with Tang Shao-yi that"Dr.Good- now was simply used as a tool."George Beckmann,on the other hand,maintains that Goodnow knowingly urged Yuan to ascend the throne.Similarly,Jerry Israel includes Goodnow in the group of Americans who believed that stability could only be attained through a strong executive,"even if it meant catering to Yuan Shih-k'ai's obvious imperial pretensions."5 By calling Goodnow either a dupe or monarchist and by focusing almost exclusively on his memorandum of 1915,historians have overly simplified a revealing episode in Sino-American relations. An appreciation of the Goodnow incident requires consideration of his career as constitutional adviser from the beginning of his appointment in 1913.This essay will,therefore,examine the initial phase of Goodnow's involvement in Chinese constitutional affairs 4 Paul S.Reinsch,An American Diplomat in China(Garden City,1922),172-174. 5 Tien-yi Li,Woodrow Wilson's China Policy,1913-1917 (New York,1952),147-148; Jerome Ch'en,Yuan Shih-k'ai,1859-1916:Brutus Assumes the Purple (London,1961), 205;Nemai Sadhan Bose,American Attitude and Policy to the Nationalist Movement in China (1911-192/)(New Delhi,1970),81,88,96-97,113;George Beckmann,The Modernization of China and Japan (New York,1962),226;Jerry Israel,Progressivism and the Open Door:America and China,1905-1921 (Pittsburgh,1971),123. This content downloaded from 137.222.248.222 on Wed,24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
500 PACIFIC HISTORICAL REVIEW Paul S. Reinsch, a fellow political scientist and then United States minister to China, generally defended Goodnow in his memoir, An American Diplomat in China. Goodnow, he claimed, had honestly stated his position in a theoretical statement "prepared simply for the information of the President." Unbeknown to Goodnow, however, a group of supporters of the monarchical scheme had arranged for the memorandum in order to forward their own ambitions. "Advisors had been so generally treated as academic ornaments," Reinsch testified, "that Doctor Goodnow did not suspect that in this case his memorandum would be made the starting point and basis of positive action."4 Subsequently, historians have differed in their assessment of Goodnow's actions. Tien-yi Li, who sympathizes with the American attempt to create a stable government in China, feels that Goodnow's memorandum was unfairly misquoted by the monarchists, but refrains from saying that the professor was duped. In his harsh biography of Yuan Shih-k'ai, Jerome Ch'en is more blunt: it was naive for such an eminent scholar to speak on such sensitive matters. Nemai Sadhan Bose, relying on Reinsch's account, concludes that Goodnow was fooled and agrees with Tang Shao-yi that "Dr. Goodnow was simply used as a tool." George Beckmann, on the other hand, maintains that Goodnow knowingly urged Yuan to ascend the throne. Similarly, Jerry Israel includes Goodnow in the group of Americans who believed that stability could only be attained through a strong executive, "even if it meant catering to Yuan Shih-k'ai's obvious imperial pretensions." 5 By calling Goodnow either a dupe or monarchist and by focusing almost exclusively on his memorandum of 1915, historians have overly simplified a revealing episode in Sino-American relations. An appreciation of the Goodnow incident requires consideration of his career as constitutional adviser from the beginning of his appointment in 1913. This essay will, therefore, examine the initial phase of Goodnow's involvement in Chinese constitutional affairs 4 Paul S. Reinsch, An American Diplomat in China (Garden City, 1922), 172-174. 5 Tien-yi Li, Woodrow Wilson's China Policy, 1913-1917 (New York, 1952), 147-148; Jerome Ch'en, Yuan Shih-k'ai, 1859-1916: Brutus Assumes the Purple (London, 1961), 205; Nemai Sadhan Bose, American Attitude and Policy to the Nationalist Movement in China (1911-1921) (New Delhi, 1970), 81, 88, 96-97, 113; George Beckmann, The Modernization of China and Japan (New York, 1962), 226; Jerry Israel, Progressivism and the Open Door: America and China, 1905-1921 (Pittsburgh, 1971), 123. This content downloaded from 137.222.248.222 on Wed, 24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
Embarrassed Monarchist 501 as well as his activities as advisor to Yuan's government.It will then be possible to clarify his role in the monarchical movement of 1915. Frank Johnson Goodnow was an established scholar,teacher,and political scientist.He was a recognized expert on administrative law and municipal problems as well as a pioneer in formulating the concept of the separation of politics from administration.Indepen- dent wealth permitted him to lead a relaxed life,but the Columbia University professor viewed his career as an outlet for his bursting energy and as a means for self-fulfillment.In 1914,Goodnow's scholarship,civic activities,and membership in the eastern intel- lectual establishment brought an invitation to become president of Johns Hopkins University. Goodnow was a man of strong and definite views,distrustful of theorists and somewhat skeptical of the cliches of the day.He was a progressive,a pragmatist,and an historicist,who saw government as an evolving institution satisfying the needs of society.The demands of the modern age,he believed,required positive intervention by a strong central government that possessed flexible administrative power and made widespread use of experts.But having studied the constitutional systems of the leading European nations,Goodnow concluded that the proper spheres of action of each government authority"are matters which must very largely be governed by the history and political needs of the particular country,and any at- tempt to impose on a country any hard and fast rule derived either from a priori reasoning or from any inductive generalization,based upon the experience of other countries,is rather more apt to meet with failure than success."7 In January 1913,the Chinese government,acting on a suggestion from Charles Eliot,president emeritus of Harvard and a trustee of the Carnegie Endowment for International Peace,asked the Car- 6 See the brief sketches on Goodnow in the Encyclopedia Americana,1964 ed.,XIII, 38;New York Times,March 14,1913;The Dial,LVI (March 16,1914),233;Bernard Crick,The American Science of Political Science:Its Origins and Conditions(Berkeley and Los Angeles,1959),101-102. 7 This summary of Goodnow's major ideas is based on an analysis of his Compar. ative Administrative Law:An Analysis of the Administrative Systems,National and Local,of the United States,England,France and Germany (New York,1893);Muni- cipal Government (New York,1910);Municipal Problems (New York,1911);Politics and Administration:A Study in Government (New York,1900);Social Reform and the Constitution (New York,1911).The quotation is from Comparative Administrative Law,Part I,22. This content downloaded from 137.222.248.222 on Wed,24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
Embarrassed Monarchist 501 as well as his activities as advisor to Yuan's government. It will then be possible to clarify his role in the monarchical movement of 1915. Frank Johnson Goodnow was an established scholar, teacher, and political scientist. He was a recognized expert on administrative law and municipal problems as well as a pioneer in formulating the concept of the separation of politics from administration. Independent wealth permitted him to lead a relaxed life, but the Columbia University professor viewed his career as an outlet for his bursting energy and as a means for self-fulfillment. In 1914, Goodnow's scholarship, civic activities, and membership in the eastern intellectual establishment brought an invitation to become president of Johns Hopkins University.6 Goodnow was a man of strong and definite views, distrustful of theorists and somewhat skeptical of the cliches of the day. He was a progressive, a pragmatist, and an historicist, who saw government as an evolving institution satisfying the needs of society. The demands of the modern age, he believed, required positive intervention by a strong central government that possessed flexible administrative power and made widespread use of experts. But having studied the constitutional systems of the leading European nations, Goodnow concluded that the proper spheres of action of each government authority "are matters which must very largely be governed by the history and political needs of the particular country, and any attempt to impose on a country any hard and fast rule derived either from a priori reasoning or from any inductive generalization, based upon the experience of other countries, is rather more apt to meet with failure than success."7 In January 1913, the Chinese government, acting on a suggestion from Charles Eliot, president emeritus of Harvard and a trustee of the Carnegie Endowment for International Peace, asked the Car- 6 See the brief sketches on Goodnow in the Encyclopedia Americana, 1964 ed., XIII, 38; New York Times, March 14, 1913; The Dial, LVI (March 16, 1914), 233; Bernard Crick, The American Science of Political Science: Its Origins and Conditions (Berkeley and Los Angeles, 1959), 101-102. 7 This summary of Goodnow's major ideas is based on an analysis of his Comparative Administrative Law: An Analysis of the Administrative Systems, National and Local, of the United States, England, France and Germany (New York, 1893); Municipal Government (New York, 1910); Municipal Problems (New York, 1911); Politics and Administration: A Study in Government (New York, 1900); Social Reform and the Constitution (New York, 1911). The quotation is from Comparative Administrative Law, Part I, 22. This content downloaded from 137.222.248.222 on Wed, 24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
502 PACIFIC HISTORICAL REVIEW negie Endowment to recommend an expert who was fully ac- quainted with the French constitution and who could assist in draft- ing a constitution for China.After screening several candidates,the trustees of the Carnegie Endowment nominated Goodnow."So far as I can judge,"Nicholas Murray Butler,president of Columbia University and a trustee,stated in a glowing recommendation to Eliot,"he is the best possible person because he unites the highest type of legal scholarship with experience in affairs as well as with very agreeable manners and personality."8 On February 21,1913, the Endowment formally notified Goodnow of his selection for a three-year term at an annual salary of $12,000.But he was also re- minded that his duties would be advisory"rather than constructive, the Chinese intending to prepare their own constitution and desir- ing an adviser to revise and modify the instrument as to make it consistent in all its parts." Goodnow arrived in Peking on May 3,1913,and immediately encountered the bitter struggle raging between President Yuan and the republican forces led by the Kuomintang in Parliament.Under such circumstances,there could be little serious effort at constitu- tion drafting."I think that this is a queer country for a college pro- fessor who like me has been accustomed to pretty straight-forward action to be having his first lessons in politics,"he remarked to Butler soon after his arrival in China.10 After a pleasant though perfunctory interview with Yuan,Good- now was assigned to work with the Bureau of Legislation,an ad- visory body attached to the Cabinet.The members of the bureau gave a dinner in his honor,but then did nothing more than inform him of postponements of meetings.Impatient with the Chinese in- difference and angry because he was disregarded,Goodnow decided to take the initiative.He was also moved to act when he learned that 8 Eliot to Butler,Jan.30,Feb.11,1913;Butler to Eliot,Feb.13,and 16,1913,Papers of the Carnegie Endowment for International Peace,Division of Intercourse and Education,Columbia University Special Collections;Eliot to Goodnow,March 18, 1913,Frank J.Goodnow Papers,Johns Hopkins University. 9 James Brown Scott to Goodnow,Feb.21,1913,Goodnow Papers. 10 Goodnow to Butler,May 18,1913,Carnegie Endowment Papers.For background on the Chinese political crisis of 1913,see Beckmann,The Modernization of China and Japan,220-223;Li,Woodrow Wilson's China Policy,78;Bose,American Attitude and Policy to the Nationalist Movement in China,chaps,2-3;Ch'en,Yuan Shih-k'ai, chaps.8-9. This content downloaded from 137.222.248.222 on Wed,24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
502 PACIFIC HISTORICAL REVIEW negie Endowment to recommend an expert who was fully acquainted with the French constitution and who could assist in drafting a constitution for China. After screening several candidates, the trustees of the Carnegie Endowment nominated Goodnow. "So far as I can judge," Nicholas Murray Butler, president of Columbia University and a trustee, stated in a glowing recommendation to Eliot, "he is the best possible person because he unites the highest type of legal scholarship with experience in affairs as well as with very agreeable manners and personality."8 On February 21, 1913, the Endowment formally notified Goodnow of his selection for a three-year term at an annual salary of $12,000. But he was also reminded that his duties would be advisory "rather than constructive, the Chinese intending to prepare their own constitution and desiring an adviser to revise and modify the instrument as to make it consistent in all its parts."9 Goodnow arrived in Peking on May 3, 1913, and immediately encountered the bitter struggle raging between President Yuan and the republican forces led by the Kuomintang in Parliament. Under such circumstances, there could be little serious effort at constitution drafting. "I think that this is a queer country for a college professor who like me has been accustomed to pretty straight-forward action to be having his first lessons in politics," he remarked to Butler soon after his arrival in China.o0 After a pleasant though perfunctory interview with Yuan, Goodnow was assigned to work with the Bureau of Legislation, an advisory body attached to the Cabinet. The members of the bureau gave a dinner in his honor, but then did nothing more than inform him of postponements of meetings. Impatient with the Chinese indifference and angry because he was disregarded, Goodnow decided to take the initiative. He was also moved to act when he learned that 8 Eliot to Butler, Jan. 30, Feb. 11, 1913; Butler to Eliot, Feb. 13, and 16, 1913, Papers of the Carnegie Endowment for International Peace, Division of Intercourse and Education, Columbia University Special Collections; Eliot to Goodnow, March 18, 1913, Frank J. Goodnow Papers, Johns Hopkins University. 9 James Brown Scott to Goodnow, Feb. 21, 1913, Goodnow Papers. 10 Goodnow to Butler, May 18, 1913, Carnegie Endowment Papers. For background on the Chinese political crisis of 1913, see Beckmann, The Modernization of China and Japan, 220-223; Li, Woodrow Wilson's China Policy, 78; Bose, American Attitude and Policy to the Nationalist Movement in China, chaps, 2-3; Ch'en, Yuan Shih-k'ai, chaps. 8-9. This content downloaded from 137.222.248.222 on Wed, 24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
Embarrassed Monarchist 503 two drafts of a constitution had been prepared by persons not con- nected with the government.Goodnow and his personal secretary, Lancelot Packer,had,in fact,already drawn up a constitution, "which we would have ready for an emergency."It was now offered to the bureau,which eagerly accepted it and met regularly in June to discuss it and translate it into Chinese.11 In the following months,Goodnow sought out opportunities to expound his ideas on China's constitutional development and gain support for them.In a published interview with Li Ching-fang, president of the Constitutional News Association and a member of the parliamentary drafting committee,Goodnow stressed the need to concentrate executive and administrative power in the hands of a president,elected by the National Assembly,but otherwise mod- eled after the American system rather than the French office.12 He also agreed to give an elementary course on constitutional law at Peking University in the fall of 1913 because his lectures were pub- lished in the daily newspaper and attracted public attention."The result,"he happily noted,"is that I am getting considerable pub- licity for my views,which was what I was after."is During the summer months another lull in Goodnow's official work set in which,together with Peking's intense heat,severely tried his patience.14 Ignoring Goodnow's arguments,Yuan and the Bureau of Legislation continued to favor a premier and cabinet system of government.On the other side,the parliamentary consti- tutional committee refused to give Goodnow a hearing and called for a weak president subject to parliament's control.Since Parlia- ment,under the provisional constitution,was to approve the final document,it was very unlikely that the Kuomintang-led body would approve anything prepared by an agency controlled by Yuan or a presidential adviser.However,when the army supported Yuan 11 Goodnow to Butler,June 26,1913,Goodnow Papers. 12 Goodnow,"Dr.Goodnow's Opinions on the Constitution,"in "Constitutional Ideas of Prominent Figures,"Hsien-fa hsin-wen [The Constitution News](Peking: Hsien-fa hsin-wen she,1913-),XII,June 29,1913,pp.2-5.The author would like to thank his colleague,Professor Jonathan Porter,for directing him to the Chinese language sources used in this article,and Mr.Ger Kai-Hwa,a Ph.D.candidate in the University of New Mexico,for translating important sections into English. 13 Goodnow to Butler,Nov.2,Dec.12,1913,Goodnow Papers. 14 Goodnow to Butler,July 7,23,1913,ibid;Goodnow to John Bassett Moore,Sept. 23,1913,John Bassett Moore Papers,Library of Congress. This content downloaded from 137.222.248.222 on Wed,24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
Embarrassed Monarchist 503 two drafts of a constitution had been prepared by persons not connected with the government. Goodnow and his personal secretary, Lancelot Packer, had, in fact, already drawn up a constitution, "which we would have ready for an emergency." It was now offered to the bureau, which eagerly accepted it and met regularly in June to discuss it and translate it into Chinese." In the following months, Goodnow sought out opportunities to expound his ideas on China's constitutional development and gain support for them. In a published interview with Li Ching-fang, president of the Constitutional News Association and a member of the parliamentary drafting committee, Goodnow stressed the need to concentratexecutive and administrative power in the hands of a president, elected by the National Assembly, but otherwise modeled after the American system rather than the French office.12 He also agreed to give an elementary course on constitutional law at Peking University in the fall of 1913 because his lectures were published in the daily newspaper and attracted public attention. "The result," he happily noted, "is that I am getting considerable publicity for my views, which was what I was after."' During the summer months another lull in Goodnow's official work set in which, together wilth Peking's intense heat, severely tried his patience.l" Ignoring Goodnow's arguments, Yuan and the Bureau of Legislation continued to favor a premier and cabinet system of government. On the other side, the parliamentary constitutional committee refused to give Goodnow a hearing and called for a weak president subject to parliament's control. Since Parliament, under 'the provisional constitution, was to approve the final document, it was very unlikely that the Kuomintang-led body would approve anything prepared by an agency controlled by Yuan or a presidential adviser. However, when the army supported Yuan 11 Goodnow to Butler, June 26, 1913, Goodnow Papers. 12 Goodnow, "Dr. Goodnow's Opinions on the Constitution," in "Constitutional Ideas of Prominent Figures," Hsien-fa hsin-wen [The Constitution News] (Peking: Hsien-fa hsin-wen she, 1913-), XII, June 29, 1913, pp. 2-5. The author would like to thank his colleague, Professor Jonathan Porter, for directing him to the Chinese language sources used in this article, and Mr. Ger Kai-Hwa, a Ph.D. candidate in the University of New Mexico, for translating important sections into English. 13 Goodnow to Butler, Nov. 2, Dec. 12, 1913, Goodnow Papers. 14 Goodnow to Butler, July 7, 23, 1913, ibid; Goodnow to John Bassett Moore, Sept. 23, 1913, John Bassett Moore Papers, Library of Congress. This content downloaded from 137.222.248.222 on Wed, 24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
504 PACIFIC HISTORICAL REVIEW against the"Second Revolution"launched by republican dissidents in the Yangtze region,Goodnow believed that the constitutional debate would soon become academic.15 Goodnow accurately predicted the outcome of the political strug- gle.After crushing the rebellion,Yuan,in quick succession,had himself elected to a regular five year term as president,expelled the Kuomintang from Parliament,and,on January 10,1914,dissolved what remained of the National Assembly.To invest himself with greater dignity,he resumed the Worship of Heaven,as practiced by the former emperors.Practically dictator of China,Yuan appointed a Political Council to give the appearance of representative rule and then created a Constitutional Compact Conference.Guided by Yuan,the conference produced a provisional constitution which was promulgated on May 1,1914.10 The document contained the essence of Goodnow's draft of 1913, and thus has been called the Goodnow Constitution.It established a presidential system and gave the chief executive extensive power over foreign affairs,war and peace,appointment and removal of officials,and budget and financial matters.It also provided for an elected legislature and an appointed Council of State,both of which were really advisory and lacking in power to check the pres- ident.Goodnow,however,was not officially consulted during the final drafting stage.His sole contributions,he claimed,were to tender informal advice to several members of the Conference and help with the translation into English.17 Although he regretted the manner in which the constitution was finally adopted and felt that the president was given greater inde- 15 Goodnow to Butler,June 26,Aug.16,Nov.2,1913,Jan.2,1914,Goodnow Papers; Goodnow to Moore,July 4,Nov.24,1913,Moore Papers;D.A.Menocal to Willard Straight,Aug.16,1913,Paul S.Reinsch Papers,Wisconsin State Historical Society, Madison,Wisconsin;Goodnow,"Comments on the Chinese Constitution,"Hsien-fa hsin-wen,XXIV,Dec.1,1913,pp.1-11.The minutes of the parliamentary drafting committee indicate that Goodnow was ignored.See Hsien-fa ch'i-ts'ao wei-yuan-hui hui-i-lu [Minutes of the Drafting Committee of the Constitution](2 vols.,Peking, 1913). 16 Ch'en,Yuan Shih-k'ai,177-179;Beckmann,Modernization of China and Japan, 223-224;Bose,American Attitude and Policy to the Nationalist Movement in China, 67-80. 17 Goodnow to Butler,April 24,May 18,1913,Goodnow Papers;Goodnow to Reinsch,Feb.24,1921,Reinsch Papers;Bose,American Attitude and Policy to the Nationalist Movement in China,80-81.A translation of the document may be found inFR,1914,Pp.5261. This content downloaded from 137.222.248.222 on Wed,24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
504 PACIFIC HISTORICAL REVIEW against the "Second Revolution" launched by republican dissidents in the Yangtze region, Goodnow believed that the constitutional debate would soon become academic.15 Goodnow accurately predicted the outcome of the political struggle. After crushing the rebellion, Yuan, in quick succession, had himself elected to a regular five year term as president, expelled the Kuomintang from Parliament, and, on January 10, 1914, dissolved what remained of the National Assembly. To invest himself with greater dignity, he resumed the Worship of Heaven, as practiced by the former emperors. Practically dictator of China, Yuan appointed a Political Council to give 'the appearance of representative rule and then created a Constitutional Compact Conference. Guided by Yuan, the conference produced a provisional constitution which was promulgated on May 1, 1914.16 The document contained the essence of Goodnow's draft of 1913, and thus has been called the Goodnow Constitution. It established a presidential system and gave the chief executive extensive power over foreign affairs, war and peace, appointment and removal of officials, and budget and financial matters. It also provided for an elected legislature and an appointed Council of State, both of which were really advisory and lacking in power 'to check the president. Goodnow, however, was not officially consulted during the final drafting stage. His sole contributions, he claimed, were to tender informal advice to several members of the Conference and help with the translation into English.17 Altthough he regretted the manner in which the constitution was finally adopted and felt that the president was given greater inde- 15 Goodnow to Butler, June 26, Aug. 16, Nov. 2, 1913, Jan. 2, 1914, Goodnow Papers; Goodnow to Moore, July 4, Nov. 24, 1913, Moore Papers; D. A. Menocal to Willard Straight, Aug. 16, 1913, Paul S. Reinsch Papers, Wisconsin State Historical Society, Madison, Wisconsin; Goodnow, "Comments on the Chinese Constitution," Hsien-fa hsin-wen, XXIV, Dec. 1, 1913, pp. 1-11. The minutes of the parliamentary drafting committee indicate that Goodnow was ignored. See Hsien-fa ch'i-ts'ao wei-yuan-hui huz-i-lu [Minutes of the Drafting Committee of the Constitution] (2 vols., Peking, 1913). 16 Ch'en, Yuan Shih-k'ai, 177-179; Beckmann, Modernization of China and Japan, 223-224; Bose, American Attitude and Policy to the Nationalist Movement in China, 67-80. 17 Goodnow to Butler, April 24, May 18, 1913, Goodnow Papers; Goodnow to Reinsch, Feb. 24, 1921, Reinsch Papers; Bose, American Attitude and Policy to the Nationalist Movement in China, 80-81. A translation of the document may be found in FR, 1914, pp. 52-61. This content downloaded from 137.222.248.222 on Wed, 24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
Embarrassed Monarchist 505 pendence of parliament than he had proposed,Goodnow was gen- erally pleased with the result.Later,in 1921,he gave Reinsch the impression that he had reluctantly accepted it because it was an accomplished fact and was "on the whole suited to Chinese condi- tions."18 He expressed himself even more candidly to the trustees of the Carnegie Endowment."I must confess...that on the whole I approve of what has been done,"he wrote on May 18,1914.19 Moreover,two weeks after promulgation of the constitution,he defended it publicly in an article written for the Peking Daily News, which was given wide circulation.In reply to the criticism in the foreign press,he praised the constitution as a realistic reflection of the dictatorial power Yuan already possessed and as a document clearly in the Chinese tradition of personal government.20 He lent further support in an article entitled"The Parliament of the Re- public of China,"which appeared in the Journal of the American Asiatic Association and which he read at the Eleventh Annual Meeting of the American Political Science Association in December 1914.21 Goodnow plainly believed that China was not yet ready for a legislature with wide powers or a parliamentary system borrowed from a developed European nation.22 Since Chinese society was highly individualistic and loyalty was limited to one's family or clan,China lacked the spirit of cooperation necessary for the oper- ation of representative government.In addition,the concept of political authority (law and edict)was hardly developed in China because the Chinese had long been governed by Confucian morality and custom.While the Chinese had obviously made numerous tech- 18 Goodnow to Reinsch,Feb.24,1921,Reinsch Papers. 19 Goodnow to Butler,May 18,1914,Goodnow Papers. 20 Ibid.;Goodnow to Reinsch,Feb.24,1912,Reinsch Papers;New York Times,June 22,1914;San Francisco Chronicle,Aug.7,1914;Goodnow,"The Amended Provisional Constitution,"Peking Daily News,reprinted in the JAAA,XIV (Aug.1914),206-210. 21 Goodnow,"The Parliament of the Republic of China,"JAAA,XIV (Aug.1914), 210-217;Goodnow,"Reform in China,"American Political Science Review,IX (May 1915),209-224. 22 This analysis is based on the following sources:Goodnow to Moore,Sept.23, 1913,Moore Papers;Goodnow to Butler,July 7,Aug.16,1913,Jan.2,Feb.26,1914, Goodnow Papers;Goodnow,"Reform in China,"209-224;"The Draft Constitution of China:Professor Goodnow's Criticisms,"JAAA,XIV (Sept.1914),243-246;Good. now,"Comments on the Chinese Constitution,"Hsien-fa,hsin-wen,XXIV (Dec.1, 1913),1-11. This content downloaded from 137.222.248.222 on Wed,24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
Embarrassed Monarchist 505 pendence of parliament than he had proposed, Goodnow was generally pleased with the result. Later, in 1921, he gave Reinsch the impression that he had reluctantly accepted it because it was an accomplished fact and was "on the whole suited to Chinese conditions."'s He expressed himself even more candidly to the trustees of the Carnegie Endowment. "I must confess ... that on the whole I approve of what has been done," he wrote on May 18, 1914.19 Moreover, two weeks after promulgation of the constitution, he defended it publicly in an article written for the Peking Daily News, which was given wide circulation. In reply to the criticism in the foreign press, he praised the constitution as a realistic reflection of the dictatorial power Yuan already possessed and as a document clearly in the Chinese tradition of personal government.20 He lent further support in an article entitled "The Parliament of the Republic of China," which appeared in the Journal of the American Asiatic Association and which he read at the Eleventh Annual Meeting of the American Political Science Association in December 1914.21 Goodnow plainly believed that China was not yet ready for a legislature with wide powers or a parliamentary system borrowed from a developed European nation.22 Since Chinese society was highly individualistic and loyalty was limited to one's family or clan, China lacked the spirit of cooperation necessary for the operation of representative government. In addition, the concept of political authority (law and edict) was hardly developed in China because the Chinese had long been governed by Confucian morality and custom. While the Chinese had obviously made numerous tech- 18 Goodnow to Reinsch, Feb. 24, 1921, Reinsch Papers. 19 Goodnow to Butler, May 18, 1914, Goodnow Papers. 20 Ibid.; Goodnow to Reinsch, Feb. 24, 1912, Reinsch Papers; New York Times, June 22, 1914; San Francisco Chronicle, Aug. 7, 1914; Goodnow, "The Amended Provisional Constitution," Peking Daily News, reprinted in the JAAA, XIV (Aug. 1914), 206-210. 21 Goodnow, "The Parliament of the Republic of China," JAAA, XIV (Aug. 1914), 210-217; Goodnow, "Reform in China," American Political Science Review, IX (May 1915), 209-224. 22 This analysis is based on the following sources: Goodnow to Moore, Sept. 23, 1913, Moore Papers; Goodnow to Butler, July 7, Aug. 16, 1913, Jan. 2, Feb. 26, 1914, Goodnow Papers; Goodnow, "Reform in China," 209-224; "The Draft Constitution of China: Professor Goodnow's Criticisms," JAAA, XIV (Sept. 1914), 243-246; Goodnow, "Comments on the Chinese Constitution," Hsien-fa, hsin-wen, XXIV (Dec. 1, 1913), 1-11. This content downloaded from 137.222.248.222 on Wed, 24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
506 PACIFIC HISTORICAL REVIEW nological advances,they had failed to apply the scientific theory to the conduct of life,which accounted for human progress and the tri- umph of European efficiency."What they need more than anything else in my opinion is training in efficiency....They are the most helplessly inefficient set I ever saw,"he complained to John Bassett Moore.23 The result,he felt,was a conservative laissez-faire outlook, an absence of the concepts of individual rights,due process and ma- jority rule,and a persistence of graft and corruption which made representative government all but impossible.Parliament had been ineffective from the start and broke down completely in 1913.Cabi- net government,he believed,had only truly succeeded in England and could never function in China,a country lacking national unity,strong political party organizations,and experience in pop ular self-government.24 Instead,China required a stable,permanent government and a powerful,independent president.This was more in keeping with China's experience with an emperor and would help develop respect for political authority and social cooperation,while it prevented internal disintegration and military dictatorship."For unless a strong government is established,"he told the American Political Science Association,"political disintegration is liable to occur and many petty tyrants will probably develop,in whose presence the development of the conception of individual private rights will be nigh high impossible."24 Stable government was also necessary to maintain China's independence against the foreign powers,to at- tract foreign loans and investments,and to begin economic develop- ment and administrative reforms.Goodnow had always favored the use of executive ordinance power to bring about administrative re- forms.In China,in particular,the president needed freedom to establish the administrative machinery,to control the budget,and to protect himself from legislative efforts to reduce his constitution- al powers.“The problems of the present,”Goodnow stressed,,“are rather those of efficiency and stability than of liberty and popular government."25 23 Goodnow to Moore,Nov.24,1913,Moore Papers. 24 Goodnow,"Reform in China,"217-218. 25 Ibid.;"Dr.Goodnow's Draft of a Constitution for China,"reprinted from the Peking Gazette,in FR,1914,pp.44-51;"The Draft Constitution of China:Professor Goodnow's Criticisms,"JA44,XIV (Sept.1914),243-246;Goodnow,"The Parliament This content downloaded from 137.222.248.222 on Wed,24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
506 PACIFIC HISTORICAL REVIEW nological advances, they had failed to apply the scientific theory to the conduct of life, which accounted for human progress and the triumph of European efficiency. "What they need more than anything else in my opinion is training in efficiency. ... They are the most helplessly inefficient set I ever saw," he complained to John Bassett Moore.23 The result, he felt, was a conservative laissez-faire outlook, an absence of the concepts of individual rights, due process and majority rule, and a persistence of graft and corruption which made representative government all but impossible. Parliament had been ineffective from the start and broke down completely in 1913. Cabinet government, he believed, had only truly succeeded in England and could never function in China, a country lacking national unity, strong political party organizations, and experience in popular self-governmentt.24 Instead, China required a stable, permanent government and a powerful, independent president. This was more in keeping with China's experience with an emperor and would help develop respect for political authority and social cooperation, while it prevented internal disintegration and military dictatorship. "For unless a strong government is established," he told the American Political Science Association, "political disintegration is liable to occur and many petty tyrants will probably develop, in whose presence 'the development of the conception of individual private rights will be nigh high impossible."24 Stable government was also necessary to maintain China's independence against the foreign powers, to attract foreign loans and investments, and to begin economic development and administrative reforms. Goodnow had always favored the use of executive ordinance power to bring about administrative reforms. In China, in particular, the president needed freedom to establish the administrative machinery, to control the budget, and to protect himself from legislative efforts to reduce his constitutional powers. "The problems of the present," Goodnow stressed, "are rather those of efficiency and stability than of liberty and popular government."25 23 Goodnow to Moore, Nov. 24, 1913, Moore Papers. 24 Goodnow, "Reform in China," 217-218. 25 Ibid.; "Dr. Goodnow's Draft of a Constitution for China," reprinted from the Peking Gazette, in FR, 1914, pp. 44-51; "The Draft Constitution of China: Professor Goodnow's Criticisms," JAAA, XIV (Sept. 1914), 243-246; Goodnow, "The Parliament This content downloaded from 137.222.248.222 on Wed, 24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
Embarrassed Monarchist 507 Goodnow's faith in a strong presidential system for China was partly due to the fact that he shared with many foreigners in China great admiration for Yuan Shih-k'ai,whom he once called a "pro- gressive conservative."2 He believed Yuan was the only strong man who understood what was happening in China,and he felt that Yuan was sincerely trying to give China good government.27 Good- now knew that Yuan employed bribery and terrorism and that he was inclined towards absolutism,but those methods and attitudes were deeply ingrained in Chinese history.In any event,he preferred Yuan as dictator to anarchy."I may be wrong,but I think he is honestly desirous of saving his country,"he confided to Butler."He thinks that this can be done only through what is practically auto- cratic government and I am inclined to think he is right."2 And yet Goodnow pleaded with Yuan to permit greater freedom of the press and expressed the hope that he would not exercise all the powers granted to him in the constitution.29 Above all,he wanted Yuan to retain and nurse along parliamentary institutions. He was disgusted with the inefficiency and ineptitude of the Nation- al Assembly in 1913,but felt it was necessary to have a body that would legally adopt a permanent constitution."For it seems neces- sary,if constitutional government is to develop in China,"he ex- plained to Moore,"to preserve as many of its forms as possible,even if most of the substance of it has already disappeared."Goodnow had,in fact,courageously urged Yuan to call an election to fill the seats vacated by the outlawed Kuomintang and he continued to point out the necessity of establishing immediately "something in the nature of a representative parliament."31 Goodnow's persistent lobbying and Yuan's concern for world public opinion were prob- ably responsible for the provision for a parliament in the constitu- tion of 1914. of the Republic of China,"210-217;Goodnow,"The Amended Provisional Constitu- tion,"206-210;Goodnow,"Comments on the Chinese Constitution,"Hsien-fa hsin- wen,XXIV(Dec.1,1913),1-11. 26 Goodnow to Butler,May 18 and June 7,1914,Goodnow Papers. 27 Goodnow to Butler,May 18,1914,ibid. 28 Goodnow to Butler,Feb.26,1914,ibid. 29 Goodnow to Butler,May 18,1914,ibid. 80 Goodnow to Butler,Feb.16,1914,ibid.;Goodnow to Moore,Nov.24,1913,Moore Papers. 31 Goodnow to Butler,March 30,1914,Goodnow Papers;Goodnow to Reinsch,Feb. 24,1921,Reinsch Papers. This content downloaded from 137.222.248.222 on Wed,24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
Embarrassed Monarchist 507 Goodnow's faith in a strong presidential system for China was partly due to the fact that he shared with many foreigners in China great admiration for Yuan Shih-k'ai, whom he once called a "progressive conservative."26 He believed Yuan was the only strong man who understood what was happening in China, and he felt that Yuan was sincerely trying to give China good government.27 Goodnow knew that Yuan employed bribery and terrorism and that he was inclined towards absolutism, but those methods and attitudes were deeply ingrained in Chinese history. In any event, he preferred Yuan as dictator to anarchy. "I may be wrong, but I think he is honestly desirous of saving his country," he confided to Butler. "He thinks that ,this can be done only through what is practically autocratic government and I am inclined to think he is right."28 And yet Goodnow pleaded with Yuan to permit greater freedom of the press and expressed the hope that he would not exercise all the powers granted to him in the constitution.29 Above all, he wanted Yuan to retain and nurse along parliamentary institutions. He was disgusted with the inefficiency and ineptitude of the National Assembly in 1913, but felt it was necessary to have a body that would legally adopt a permanent constitution. "For it seems necessary, if constitutional government is to develop in China," he explained to Moore, "to preserve as many of its forms as possible, even if most of the substance of it has already disappeared." 30 Goodnow had, in fact, courageously urged Yuan to call an election to fill the seats vacated by the outlawed Kuomintang and he continued to point out the necessity of establishing immediately "something in the nature of a representative parliament."31 Goodnow's persistent lobbying and Yuan's concern for world public opinion were probably responsible for the provision for a parliament in the constitution of 1914. of the Republic of China," 210-217; Goodnow, "The Amended Provisional Constitution," 206-210; Goodnow, "Comments on the Chinese Constitution," Hsien-fa hsiniwen, XXIV (Dec. 1, 1913), 1-11. 26 Goodnow to Butler, May 18 and June 7, 1914, Goodnow Papers. 27 Goodnow to Butler, May 18, 1914, ibid. 28 Goodnow to Butler, Feb. 26, 1914, ibid. 29 Goodnow to Butler, May 18, 1914, ibid. 80 Goodnow to Butler, Feb. 16, 1914, ibid.; Goodnow to Moore, Nov. 24, 1913, Moore Papers. 31 Goodnow to Butler, March 30, 1914, Goodnow Papers; Goodnow to Reinsch, Feb. 24, 1921, Reinsch Papers. This content downloaded from 137.222.248.222 on Wed, 24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
508 PACIFIC HISTORICAL REVIEW Nevertheless,Goodnow's parliament would have limited powers and be suited to Chinese conditions.Goodnow insisted that any Chinese parliament be primarily advisory and appointive and that it represent the leading interest groups-merchants,landowners, and intellectuals."The great trouble here is to get a parliament which really represents something,"he told Butler."Chinese so- ciety is so unorganized and so unconscious of any common interests, that it is almost impossible to start parliamentary government here, as we started it in England,on the foundation of economic or social interests."82 Goodnow's views,echoed to an extent by Reinsch,re- flected a current interest among some American progressives in or- ganizing society along syndicalist or interest-group lines in the name of greater efficiency and democracy.Goodnow also felt that China should imitate the European experience,in which representative government arose out of the attempt of the leading classes to realize their needs and aspirations.Moreover,he granted the president the power to dissolve parliament,veto bills,and issue edicts.The result, he hoped,would be a harmonious combination of the Asiatic princi- ple of an all-powerful monarch and the European idea of the repre- sentation of the governed,a blend of effective strong government with popular cooperation. Goodnow reminded unhappy Chinese nationalists that there were many kinds of republics and constitutions;each nation must find what suited its conditions and traditions.Certainly there should not be"a wholesale adoption"of Western institutions.China,more- over,could broaden parliamentary power and personal liberties as progress was made in education,efficiency,social cooperation,and respect for political authority.The process would take time,Good- now believed,"for political change to be permanent is necessarily slow."To Young China,however,such arguments sounded like an appeal for the acceptance of Yuan's autocratic regime.Western- 32 Goodnow to Butler,Jan.2,1914,Goodnow Papers. 33 Goodnow,"Reform in China,"209-224;Goodnow,"The Parliament of the Re. public of China,"210-216;Goodnow to Butler,Jan.2,1914,Goodnow Papers;Reinsch, An American Diplomat,31.Reinsch applauded the idea of closer cooperation between the Chinese government and the commercial classes.Reinsch to William J.Bryan,Jan. 29,1914,Record Group (RG)59,Department of State,National Archives (DSNA) 893.01/10. 34 Goodnow,"Reform in China,"223;Goodnow,"The Amended Provisional Con- stitution,"206-210;Reinsch,An American Diplomat,31-47;Goodnow to Moore, Sept.23,1913,Moore Papers. This content downloaded from 137.222.248.222 on Wed,24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
508 PACIFIC HISTORICAL REVIEW Nevertheless, Goodnow's parliament would have limited powers and be suited to Chinese conditions. Goodnow insisted that any Chinese parliament be primarily advisory and appointive and that it represent the leading interest groups-merchants, landowners, and intellectuals. "The great trouble here is to get a parliament which really representsomething," he told Butler. "Chinese society is so unorganized and so unconscious of any common interests, that it is almost impossible to start parliamentary government here, as we started it in England, on the foundation of economic or social interests."32 Goodnow's views, echoed to an extent by Reinsch, reflected a current interest among some American progressives in organizing society along syndicalist or interest-group lines in the name of greater efficiency and democracy. Goodnow also felt that China should imitate the European experience, in which representative government arose out of the attempt of the leading classes to realize their needs and aspirations. Moreover, he granted the president the power to dissolve parliament, veto bills, and issue edicts. The result, he hoped, would be a harmonious combination of the Asiatic principle of an all-powerful monarch and the European idea of the representation of the governed, a blend of effective strong government with popular cooperation.33 Goodnow reminded unhappy Chinese nationalists that there were many kinds of republics and constitutions; each nation must find what suited its conditions and traditions. Certainly there should not be "a wholesale adoption" of Western institutions. China, moreover, could broaden parliamentary power and personal liberties as progress was made in education, efficiency, social cooperation, and respect for political authority. The process would take time, Goodnow believed, "for political change to be permanent is necessarily slow."34 To Young China, however, such arguments sounded like an appeal for the acceptance of Yuan's autocratic regime. Western- 32 Goodnow to Butler, Jan. 2, 1914, Goodnow Papers. 33 Goodnow, "Reform in China," 209-224; Goodnow, "The Parliament of the Republic of China," 210-216; Goodnow to Butler, Jan. 2, 1914, Goodnow Papers; Reinsch, An American Diplomat, 31. Reinsch applauded the idea of closer cooperation between the Chinese government and the commercial classes. Reinsch to William J. Bryan, Jan. 29, 1914, Record Group (RG) 59, Department of State, National Archives (DSNA) 893.01/10. 34 Goodnow, "Reform in China," 223; Goodnow, "The Amended Provisional Constitution," 206-210; Reinsch, An American Diplomat, 31-47; Goodnow to Moore, Sept. 23, 1913, Moore Papers. This content downloaded from 137.222.248.222 on Wed, 24 Jun 2015 07:41:42 UTC All use subject to JSTOR Terms and Conditions
