# The Constitutional Development of Japan, 1853–1881/Chapter 2

Chapter iI. The Restoration.
In the last chapter we have noticed what a commotion had been caused in Japan by the sudden advent of Commodore Perry, how the councils of Kuges and Daimios were called into spontaneous life by the dread of foreigners and by the sense of national weakness, and how the bombardments of Kagoshima and Shimonosheki tested these fears and taught the necessity of national union. I have remarked that free government is not necessarily the sole heritage of the Aryan race, but that the presence of foreigners, the change of the military form of society into the industrial form, the increase in importance of the individual in the community, are sure to breed a free and representative system of government.
In the following chapter we shall see the downfall of the Shogunate, the restoration of the imperial power to its pristine vigor, and the destruction of feudalism.
"The study of constitutional history is essentially a tracing of causes and consequences," says Bishop Stubbs, "not the collection of a multitude of facts and views, but the piecing of links of a perfect chain."
I shall therefore not dwell upon the details of the events which led to the downfall of the Shogunate, but immediately enter into an inquiry concerning the causes.
Three causes led to the final overthrow of the Shogunate:
I.The Revival of Learning. The last half of the eighteenth and the first half of the present century witnessed in Japan an unusual intellectual activity. The long peace and prosperity of the country under the rule of the Tokugawa dynasties had fostered in every way the growth of literature and ​art. The Shoguns, from policy or from taste, either to find a harmless vent for the restless spirit of the Samura or from pure love of learning, have been constant patrons of literature. The Daimios, too, as a means of spending their leisure hours when they were not out hawking or revelling with their mistresses, gave no inattentive ear to the readings and lectures of learned men. Each Daimioate took pride in the number and fame of her own learned sons. Thus throughout the country eminent scholars arose. With them a new era of literature dawned upon the land. The new literature changed its tone. Instead of the servility, faint suggestiveness, and restrained politeness characteristic of the literature from the Gen-hei period to the first half of the Tokugawa period, that of the Revival Era began to wear a bolder and freer aspect. History came to be recorded with more truthfulness and boldness than ever before.
But as the ancient histories were studied and the old constitution was brought into light, the real nature of the Shogunate began to reveal itself. To the eyes of the historians it became clear that the Shogunate was nothing but a military usurpation, sustained by fraud and corruption; that the Emperor, who was at that time, in plain words, imprisoned at the court of Kioto, was the real source of power and honor. "If this be the case, what ought we do?" was the natural question of these loyal subjects of the Emperor. The natural conclusion followed the military usurper must be overthrown and the rightful ruler recognized. This was the sum and substance of the political programme of the Imperialists. The first sound of the trumpet against the Shogunate rose from the learned hall of the Prince of Mito, Komon. He, with the assistance of a host of scholars, finished his great work, the Dai Nihon Shi, or History of Japan, in 1715. It was not printed till 1851, but was copied from hand to hand by eager students, like the Bible by the medieval monks, or the works of Plato and Aristotle by the Humanists. The Dai Nihon Shi soon became a classic, and had such an influence in restoring ​the power of the Emperor that Mr. Ernest Satow justly calls its composer "the real author of the movement which culminated in the revolution of 1868," The voice of the Prince of Mito was soon caught up by the more celebrated scholar Rai Sanyo (1780–1833). A poet, an historian, and a zealous patriot, Rai Sanyo was the Arndt of Japan. He outlined in his Nihon Guai Shi the rise and fall of the Minister of State and the Shoguns, and with satire, invective, and the enthusiasm of a patriot, urged the unlawfulness of the usurpation of the imperial power by these mayors of the palace. In his Sei-Ki, or political history of Japan, he traced the history of the imperial family, and mourned with characteristic pathos the decadence of the imperial power. The labors of these historians and scholars bore in time abundant fruit. Some of their disciples became men of will and action: Sakuma Shozan, Yoshida Toraziro, Gesho, Yokoi Heishiro, and later Saigo, Okubo, Kido, and hosts of others, who ultimately realized the dreams of their masters. Out of the literary seed which scholars like Rai Sanyo spread broadcast over the country thus grew hands of iron and hearts of steel. This process shows how closely related are history and politics, and affords another illustration of the significance of the epigrammatic expression of Professor Freeman: "History is past polities, and politics present history."
II.Another tributary stream which helped to swell the tide flowing toward the Emperor was the revival of Shintoism. The revival of learning is sure to be followed by the revival of religion. This is shown in the history of the Reformation in Europe, which was preceded by the revival of learning. Since the expulsion of Christianity from Japan in the sixteenth century, which was effected more from political than religious motives, laissez-faire was the steadfast policy of the Japanese rulers toward religious matters. The founder of the Tokugawa dynasty had laid down in his "Legacy" the policy to be pursued by his descendants. "Now any one of the people," says Iyeyasu, "can adhere to ​which (religion) he pleases (except the Christian); and there must be no wrangling among sects to the disturbance of the peace of the Empire." Thus while the people in the West, who worshipped the Prince of Peace, in his abused name were cutting each other's throat, destroying each other's property, torturing and proselyting by rack and flames, the islanders on the West Pacific coast were enjoying complete religious toleration. Three religions — Shintoism, Buddhism, and Confucianism — lived together in peace. In such a state of unrestricted competition among various religions, the universal law of the survival of the fittest acts freely. Buddhism was the fittest and became the predominant religion. Shintoism was the weakest and sank into helpless desuetude. But with the revival of learning, as Kojiki and other ancient literature were studied with assiduity, Shintoism began to revive. Its cause found worthy defenders in Motoori and Hirata. They are among the greatest Shintoists Japan has ever scen.
Now, according to Shintoism, Japan is a holy land. It was made by the gods, whose lineal descendant is the Emperor. Hence he must be revered and worshipped as a god. This is the substance of Shintoism. The political bearing of such a doctrine upon the then existing status of the country is apparent. The Emperor, who is a god, the fountain of all virtue, honor, and authority, is now a prisoner at the court of Kioto, under the iron hand of the Tokugawa Shoguns. This state of impiety and irreverence can never be tolerated by the devout Shintoists. The Shogun must be dethroned and the Emperor raised to power. Here the line of arguments of the Shintoists meets with that of the scholars we have noted above. Thus both scholars and Shintoists have converted themselves into politicians who have at heart the restoration of the Emperor.
III.Another cause which led to the overthrow of the Shogunate was the jealousy and cupidity of the Southern Daimios. Notably among them were the Daimios of Satsuma, ​Choshiu, Tosa, and Hizen. Their ancestors "had of old held equal rank and power with Iyeyasu, until the fortunes of war turned against them. They had been overcome by force, or had sullenly surrendered in face of overwhelming odds. Their adherence to the Tokugawas was but nominal, and only the strong pressure of superior power was able to wring from them a haughty semblance of obedience. They chafed perpetually under the rule of one who was in reality a vassal like themselves." They now saw in the rising tide of public sentiment against the Tokugawa Shogunate a rare opportunity of accomplishing their cherished aim. They lent their arms and money for the support of the patriots in carrying out their plan. Satsuma and Choshiu became the rendezvous of eminent scholars and zealous patriots. And in the council-halls of Satsuma and Choshiu were hatched the plots which were soon to overthrow the effete Shogunate.
Thus everything was ready for the revolution of 1868 before Perry came. We saw the Shogun, under the bombastic title of Tycoon, in spite of the remonstrance of the Emperor and his court, conclude a treaty with Perry at Kanagawa in 1854. Here at last was found a pretext for the Imperialists to raise arms against the Shogun. The Shogun or his ministers had no right to make treaties with foreigners. Such an act was, in the eyes of the patriots, heinous treason. The cry of "Destroy the Shogunate and raise the Emperor to his proper throne!" rang from one end of the empire to the other. The constant disturbance of the country, the difficulty of foreign intercourse, the sense of necessity of a single and undoubted authority over the land, and the outcry of the Samurai thus raised against the Shogun, finally led to his resignation on November 19, 1867. His letter of resignation, in the form of a manifesto to the Daimios, runs thus:
"A retrospect of the various changes through which the empire has passed shows us that after the decadence of the monarchical authority, power passed into the hands of the ​Minister of State; that by the wars of 1156 to 1159 the governmental power came into the hands of the military class. My ancestor received greater marks of confidence than any before him, and his descendants have succeeded him for more than two hundred years. Though I perform the same duties, the objects of government and the penal laws have not been attained, and it is with feelings of greatest humiliation that I find myself obliged to ackowledge my own want of virtue as the cause of the present state of things. Moreover, our intercourse with foreign powers becomes daily more extensive, and our foreign policy cannot be pursued unless directed by the whole power of the country.
"If, therefore, the old régime be changed and the governmental authority be restored to the imperial court, if the councils of the whole empire be collected and the wise decisions received, and if we unite with all our heart and with all our strength to protect and maintain the empire, it will be able to range itself with the nations of the earth. This comprises our whole duty towards our country.
"However, if you (the Daimios) have any particular ideas on the subject, you may state them without reserve."
The resignation of the Shogun was accepted by the Emperor by the following imperial order, issued on the 10th day of the 12th month: "It has pleased the Emperor to dismiss the present Shogun, at his request, from the office of Shogun."
As to the full intent and motive of the Shogun in resigning his power, let him further speak himself. In the interview of the British minister, Sir Harry S. Parkes, and the French minister, M. Leon Roches, with the Shogun, it is stated that he said: "I became convinced last autumn that the country would no longer be successfully governed while the power was divided between the Emperor and myself. The country had two centres, from which orders of an opposite nature proceeded. Thus, in the matter of the opening ​of Hiogo and Osako, which I quote as an example of this conflict of authority, I was myself convinced that the stipulations of the treaties must be observed, but the assent of the Emperor to my representations on this subject was given reluctantly. I therefore, for the good of my country, informed the Emperor that I resigned the governing power, with the understanding that an assembly of Daimios was convened for the purpose of deciding in what manner, and by whom, the government in future should be carried on. In acting thus, I sunk my ow interests and power handed down to me by my ancestors, in the more important interests of the country. . . .
"My policy, from the commencement, has been to determine this question of the future form of government in a peaceful manner, and it is in pursuance of the same object that, instead of opposing force by force, I have retired from the scene of dispute. . . .
"As to who is the sovereign of Japan, it is a question on which no one in Japan can entertain a doubt. The Emperor is the sovereign. My object from the first has been to take the will of the nation as to the future government. If the nation should decide that I ought to resign my powers, I am prepared to resign them for the good of my country. . . .
"I have no other motive but the following: With an honest love for my country and the people, I resigned the governing power which I inherited from my ancestors, and with the mutual understanding that I should assemble all the nobles of the empire to discuss the question disinterestedly, and adopting the opinion of the majority, decide upon the reformation of the national constitution, I left the matter in the hands of the imperial court."
Thus was the Shogunate overthrown and the Restoration effected. The civil war which soon followed need not detain ​us, for the war itself had no great consequence as regards the constitutional development of the country.
Let us now consider the form of the new government. It is essentially that which prevailed in Japan before the development of feudalism. It is modelled on the form of government of the Osei era.
The new government was composed of:
1.Sosai ("Supreme Administrator"). He was assisted by Fuku, or Vice-Sosai. The Sosai resembled the British Premier, was the head of the chief council of the government.
2.Gijio, or "Supreme Council," whose function was to discuss all questions and suggest the method of their settlement to the Sosai. It was composed of ten members, five of whom were selected from the list of Kuges and five from the great Daimios.
3.Sanyo, or "Associate Council." They were subordinate officers, and were selected from the Daimios as well as from the retainers. This council finally came to have great influence, and ultimately transformed itself into the present cabinet.
The government was divided into eight departments:
1.The Sosai Department. This soon changed into Daijo-Kuan.
2.Jingi-Jimu-Kioku, or Department of the Shinto Religion. This department had charge of the Shinto temples, priests, and festivals.
3.Naikoku-Jimu-Kioku, or Department of Home Affairs. This department had charge of the capital and the five home provinces, of land and water transport in all the provinces, of post-towns and post-roads, of barriers and fairs, and of the governors of castles, towns, ports, etc.
4.Guaikoku-Jimn-Kioku, or Department of Foreign Affairs. This department had charge of foreign relations, treaties, trade, recovery of lands, and sustenance of the people.
5.Gumbu-Jimu-Kioku, or War Department. This department had charge of the naval and military forces, drilling, protection of the Emperor, and military defences in general.
​6.Kuaikei-Jimu-Kioku, or Department of Finance. This department had charge of the registers of houses and population, of tariff and taxes, money, corn, accounts, tribute, building and repairs, salaries, public storehouses, and internal trade.
7.Keiho-Jimu-Kioku, or Judicial Department. This department had charge of the censorate, of inquisitions, arrests, trials, and the penal laws in general.
8.Seido-Jimu-Kioku, or Legislative Department. This department had charge of the superintendence of offices, enactments, sumptuary regulations, appointments, and all other laws and regulations,
"It is easy to destroy, but difficult to construct," is an old adage of statesmen. The truth of this utterance was soon realized by the leaders of the new government.
The first thing which the new government had to settle was its attitude toward foreign nations. The leaders of the government who had once opposed with such vehemence, as we have seen, the foreign policy of the Tokugawa Shogun, now that he had been overthrown, urged the necessity of amicable relations with foreign powers in the following memorable memorial to the Dai-jo-Kuan (Government):
"The undersigned, servants of the Crown, respectfully believe that from ancient times decisions upon important questions concerning the welfare of the empire were arrived at after consideration of the actual political condition and its necessities, and that thus results were obtained, not of mere temporary brilliancy, but which bore good fruits in all time. . . .
"Among other pressing duties of the present moment we venture to believe it to be pre-eminently important to set the question of foreign intercourse in a clear light.
​"His Majesty's object in creating the office of administrator of foreign affairs, and selecting persons to fill it, and otherwise exerting himself in that direction, has been to show the people of his empire in what light to look on this matter, and we have felt the greatest pleasure in thinking that the imperial glory would now be made to shine forth before all nations. An ancient proverb says that 'Men's minds resemble each other as little as their faces," nor have the upper and lower classes been able, up to the present, to hold with confidence a uniform opinion. It gives us some anxiety to feel that perhaps we may be following the bad example of the Chinese, who, fancying themselves alone great and worthy of respect, and despising foreigners as little better than beasts, have come to suffer defeats at their hands and to have it lorded over themselves by those foreigners.
"It appears to us, therefore, after mature reflection, that the most important duty we have at present is for high and low to unite harmoniously in understanding the condition of the age, in effecting a national reformation and commencing a great work, and that for this reason it is of the greatest necessity that we determine upon the attitude to be observed towards this question.
"Hitherto the empire has held itself aloof from other countries and is ignorant of the affairs of the world; the only object sought has been to give ourselves the least trouble, and by daily retrogression we are in danger of falling under foreign rule.
"By travelling to foreign countries and observing what good there is in them, by comparing their daily progress, the universality of enlightened government, of a sufficiency of military defences, and of abundant food for the people among them, with our present condition, the causes of prosperity and degeneracy may be plainly traced. . . .
"Of late years the question of expelling the barbarians has been constantly agitated, and one or two Daimios have tried to expel them, but it is unnecessary to prove that this ​was more than the strength of a single clan could accomplish. . . .
"However, in order to restore the fallen fortunes of the empire and to make the imperial dignity respected abroad, it is necessary to make a firm resolution, and to get rid of the narrow-minded ideas which have prevailed hitherto. We pray that the important personages of the court will open their eyes and unite with those below them in establishing relations of amity in a single-minded manner, and that our deficiencies being supplied with what foreigners are superior in, an enduring government be established for future ages. Assist the Emperor in forming his decision wisely and in understanding the condition of the empire; let the foolish argument which has hitherto styled foreigners dogs and goats and barbarians be abandoned; let the court ceremonies, hitherto imitated from the Chinese, be reformed, and the foreign representatives be bidden to court in the manner prescribed by the rules current amongst all nations; and let this be publicly notified throughout the country, so that the countless people may be taught what is the light in which they are to regard this subject. This is our most earnest prayer, presented with all reverence and humility.
Echizen Saisho, Tosa Sakio No Shosho, Nagato Shosho, Satsuma Shosho, Aki Shosho, Hoso Kawa Ukio Daibu."
The advice of these notables was well received. A formal invitation to an audience with the Emperor was extended to the foreign ambassadors. They soon accepted the invitation. Their appearance in the old anti-foreign city of Kioto, before the personage who was considered by the masses as divine, was significant. It put an end to the all-absorbing, all-perplexing theme of the day. The question of foreign policy was settled.
​The next act of the statesmen of the Restoration was to sweep away the abuses of the court, and to establish the basis of a firm internal administration. The most effectual means of accomplishing this, it seemed to the sagacious statesmen, was to move the court from the place where those abuses had their roots. Ichizo Okubo, a guiding spirit of the Restoration, presented the following memorial to the Emperor:
"The most pressing of your Majesty's pressing duties at the present moment is not to look at the empire alone and judge carelessly by appearances, but to consider carefully the actual state of the whole world; to reform the inveterate and slothful habits induced during several hundred years, and to give union to the nation. . . .
"Hitherto the person whom we designate the sovereign has lived behind a screen, and, as if he were different from other human beings, has not been seen by more than a very limited number of Kuge; and as his heaven-conferred office of father to his people has been thereby unfulfilled, it is neccssary that his office should be ascertained in accordance with this fundamental principle, and then the laws governing internal affairs may be established. . . .
"In the present period of reformation and restoration of the government to its ancient monarchical form, the way to carry out the resolution of imitating the example of Japanese sages, and of surpassing the excellent governments of foreign nations, is to change the site of the capital. "Osako is the fittest place for the capital. . . .
For the conduct of foreign relations, for enriching the country and strengthening its military power, for adopting successful means of offense and defense, for establishing an army and the place is peculiarly fitted by its position. . . . I most humbly pray your Majesty to open your eyes and make navy, this reform. . . .
Okubo Ichizo."
​The result of the memorial was the ultimate removal of the seat of government from Kioto to Yedo, which afterwards changed its name to Tokio, meaning eastern capital.
But the most important event of the Restoration, from the constitutional point of view, was the charter oath of five articles, taken by the present Emperor on the 17th of April, 1869, before the court and the assembly of Daimios. These articles were in substance as follows:
1.A deliberative assembly should be formed, and all measures be decided by public opinion.
2.The principles of social and political economics should be diligently studied by both the superior and inferior classes of our people.
3.Every one in the community shall be assisted to persevere in carrying out his will for all good purposes.
4.All the old absurd usages of former times should be disregarded, and the impartiality and justice displayed in the workings of nature be adopted as a basis of action.
5.Wisdom and ability should be sought after in all quarters of the world for the purpose of firmly establishing the foundations of the empire.
The Emperor's promise henceforth became the watchword of the nation.
And this resolution to form a deliberative assembly was soon put into practice. In 1869 was convened the Kogisho or "Parliament," as Sir Harry Parkes translates it in his despatch to the Earl of Clarendon. But before we proceed to the description of the nature and working of the Kogisho it is necessary to state that this plan had been already suggested by the Shogunate. A proclamation of the Shogun Keiki, issued on February 20, 1868, says: "As it is proper to determine the principle of the constitution of Japan with due regard to the wishes of the majority, I have resigned the supreme power to the Emperor's court, and advised that the opinions of all the Daimios should be taken . . . On examination of my household affairs (the administration of Sho​gun's territories), many irregularities may exist which may dissatisfy the people, and which I therefore greatly deplore. Hence I intend to establish a Kogijio and to accept the opinion of the majority. Any one, therefore, who has an opinion to express may do so at that place and be free of apprehension."
But this attempt of the Shogun to establish a sort of Parliament came to an end with his fall. This idea, however, was transmitted through the Shogunate officials to the government of the Restoration. In fact, this idea of consulting public opinion was, as I have repeatedly said, in the air. The leaders of the new government all felt, as one of them said to Messrs. F. O. Adams and Ernest Satow, that "the only way to allay the jealousies hitherto existing between several of the most powerful clans, and to ensure a solid and lasting union of conflicting interests, was to search for the nearest approach to an ideal constitution among those of Western countries . . . that the opinion of the majority was the only criterion of a public measure."
Sir Harry Parkes was right when he told the Earl of Clarendon that "the establishment of such an institution (the Kogisho) formed one of the first objects of the promoters of the recent revolution."
The Kogisho was opened on the 18th of April, 1869, and the following message from the throne was then delivered:
"Being on the point of visiting our eastern capital, we have convened the nobles of our court and the various princes in order to consult them upon the means of establishing the foundations of peaceful government. The laws and institutions are the basis of government. The petitions ​of the people at large cannot be lightly decided. It has been reported to us that brief rules and regulations have been fixed upon for the Parliament, and it seems good to us that the House should be opened at once. We exhort you to respect the laws of the House, to lay aside all private and selfish considerations, to conduct your debates with minuteness and firmness; above all things, to take the laws of our ancestors as 'basis,' and adapt yourselves to the feelings of men and to the spirit of the times. Distinguish clearly between those matters which are of immediate importance and those which may be delayed; between things which are less urgent and those which are pressing. In your several capacities argue with careful attention. When the results of your debate are communicated to us it shall be our duty to confirm them."
The Kogisho was composed mostly of the retainers of the Daimios, for the latter, having no experience of the earnest business of life, "were not eager to devote themselves to the labors of an onerous and voluntary office." Akidzuki Ukio No Suke was appointed President of the Kogisho.
The object of the Kogisho was to enable the government to sound public opinion on the various topics of the day, and to obtain the assistance of the country in the work of legislation by ascertaining whether the projects of the government were likely to be favorably received.
The Kogisho, like the Councils of Kuges and Daimios, was nothing but an experiment, a mere germ of a deliberative assembly, which only time and experience could bring to maturity. Still Kogisho was an advance over the council of Daimios. It had passed the stage resembling a mere deliberative meeting or quiet Quaker conference, where, for hours perhaps, nobody opens his mouth. It now bore an aspect of a political club meeting. But it was a quiet, peaceful, obedient debating society. It has left the record of its abortive undertakings in the "Kogisho Nishi" or journal of "Parliament." The Kogisho was dissolved in the year ​of its birth. And the indifference of the public about its dissolution proves how small an influence it really had.
But a greater event than the dissolution of the Kogisho was pending before the public gaze. This was the abolition of feudalism, which we shall consider in the next chapter.
* ↑ The Mikado's Empire. Griffis, p. 301.
* ↑ American Executive Document, Diplomatic Correspondence, 1867, Part II., p. 78, 3d Sess. 40th Cong. See also Bosin-Simatsu, Vol. I., p. 2.
* ↑ American Executive Document, Diplomatic Correspondence, Vol. I., 1868–69, p. 620, 3d Sess. 40th Cong.
* ↑ American Executive Document, Diplomatic Correspondence, Vol. I., 1868–69, p. 623, 3d Sess. 40th Cong.
* ↑ Translation from the Kioto Government Gazette of March, 1868. It is given in Diplomatic Correspondence of the U.S.A., 3d Sess. 40th Cong., Vol. I., 1868–69, p. 725.
* ↑ He afterwards changed his name into Toshimitsu Okubo.
* ↑ Translation is given in American Executive Document, Diplomatic Correspondence, Vol. I., 1869–69, p. 728, 3d Sess. 40th Cong.
* ↑ American Executive Document, Diplomatic Correspondence, Vol. I., 1868–69, p. 687, 3d Sess. 40th Cong.
* ↑ F. O. Adams' History of Japan, Vol. II., p. 128.
* ↑ English State Papers, Vol. LXX., 1870, p. 9.
* ↑ 29th of the 2d month in the second year of Meiji, according to the old calendar.
* ↑ Translation is given in English State Papers, Vol. LXX., 1871, p. 12.