Japan: The Emperor'’s Charter Oath, 1868

The train of circumstances precipitated by the Perry and Harris missions to Japan culminated in 1868 with the deposition of the Shogun, signaling the end of the Tokugawa era. The new Japan restored the emperor to a position of dignity and influence after the imperial court's two-and-a-half century subjection to the shogunate. The country now proceeded to grapple with its greatly reduced position resulting from the 'unequal treaties' forced upon it by the U.S., Britain and other Western powers. It became the task of the nation and all its people to erase the national humiliation that had to be endured as long as Japan lacked the means to do otherwise. Consequently, and in stark contrast to China which had suffered the same fate, the new rulers of Japan embraced change. Over the next generation the whole society and its institutions were transformed to serve the needs of modernization. The following document--a promise by the emperor to institute political and social reforms and work to strengthen the nation--suggests the scale of what was realized in little over two decades. These changes comprised the abolition of the feudal regime of the daimyo, the elimination of private samurai armies, educational reforms, local government, and, finally, the promulgation of Japan's first Western-style constitution (1889), followed the next year by the country's first elected Diet.

. . . . II. All power and authority in the empire shall be vested in a Council of State, and thus the grievances of divided government shall be done away with. The power and authority of the Council of State shall be threefold, legislative, executive and judicial. Thus the imbalance of authority among the different branches of the government shall be avoided.

III. The legislative organ shall not be permitted to perform executive functions, nor shall the executive organ be permitted to perform legislative functions. However, on extraordinary occasions the legislative organ may still perform such functions as tours of inspection of cities and the conduct of foreign affairs.

IV. Attainment to offices of the first rank shall be limited to princes of the blood, court nobles and territorial lords, and shall be by virtue of [the sovereign’s] intimate trust in the great ministers of state. . . .

V. Each great city, clan, and imperial prefecture shall furnish qualified men o be members of the Assembly. A deliberative body shall be instituted so that the views of the people may be discussed openly.

VI. A system of official ranks shall be instituted so that each [official] may know the importance of his office and dare not hold it in contempt.

VII. Princes of the blood [i.e., members of the imperial family], court nobles, and territorial lords shall be accompanied by [no more than] six two-sworded men [i.e., samurai retainers] and three commoners, and persons of lower rank by [no more than] two two- sworded men and one commoner., so that the appearance of pomp and grandeur [not to mention personal expense!] may be done away with ad the evils of class barriers may be avoided.

VIII. Officers shall not discuss the affairs of the government in their own houses with unofficial persons. If any persons desire interviews with them for the purpose of giving expression to their own opinions, they shall be sent to the office of the appropriate department and the matter shall be discussed openly.

IX. All officials [i.e., members of the Assembly] shall be changed after four years’ service. They shall be selected by means of public balloting. However, at the first expiration of terms hereafter, half of the officials shall retain office for two additional years, after which their terms shall expire, so that [the government] may be caused to continue without interruption. Those whose relief is undesirable because they enjoy the approval of the people may be retained for an additional period of years.

X. A system shall be established for levying taxes on territorial lords, farmers, artisans, and merchants, so that the government revenue may be supplemented, military installations strengthened, and public security maintained. For this purpose, even persons of rank or office shall have taxes levied upon them . . .

XI. Each large city, clan, and imperial prefecture shall promulgate regulations, and these shall comply with the Charter Oath. The laws peculiar to one locality shall not be generalized to apply to other localities. There shall be no private conferral of titles or rank, no private coinage, no private employment of foreigners, and no conclusion of alliances with neighboring clans or with foreign countries, lest inferior authorities be confounded with superior and government be thrown into confusion.

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