袁世凯的美国宪法顾问_美国宪法顾问
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Goodnow
After Yuan Shikai became the first President of the Republic of China on October 10, 1913, there was a major quarrel between him and the Parliament on iue whether Parliament or the presidency should be the main seat of the power.In November he declared the majority party Kuomingdang illegal and ousted the party’s representatives from the Parliament, and on January 10, 1914 he diolved Parliament itself.Then the way was clear for him to settle the iue in his own favor.His “constitutional advisor,” Profeor Frank J.Goodnow of Columbia University, proved a handy if unwitting instrument to that end.The Revised Provisional Constitution promulgated May 1, 1914, which had been drafted in good part by Goodnow and a Japanese scholar, Dr.N.Ariga, reframed the government and substantially strengthened the powers of the president.President Yuan won the first round against republicanism.In July 1915 Goodnow was asked by President Yuan to prepare a memorandum on the respective merits of the republic and monarchy forms of government, with particular reference to existing conditions in China.In the memorandum he drew up, he wrote:
“It is of course not susceptible of doubt thata monarchy is better suited than a republic to China.”
Goodnow qualified his statement by laying down the following prerequisites for restoration of a monarchy: the move should be clear provision made for the development of constitutional rule in such an imperial China.He also endeavored to divest himself of any personal responsibility for the ultimate decision:
“Whether the conditions which have been set forth as neceary for such a change from republic to monarchy as has been suggested are present, must of course be determined by those who both know that country and are responsible for its future development.”(Foreign Relations, 1915, p.58)
The memorandum was soon published in China.Yuan’s agents strove to give a semblance of reality to the claim that there was a ground swell of popular opinion in favor of the President’s ascending the Dragon Throne and China’s restoration of the monarchical system.(Twenty Century China, O.Edmund Clubb, Columbia University Pre, 1964, P50, 53,53)
