This article is excerpted from Mr. Ma Guochuan’s “Enlightenment of the Nation”, with thanks to the author for authorization to publish.
Chiba Takusaburo, as a humble mountain dweller, was far removed from the world yet harbored thoughts for the nation, single-handedly drafting a constitution for the country. Unfortunately, he passed away young and remained anonymous for nearly a century. His insights are admirable, while his personal experiences evoke sympathy.
Fujimachi, an ordinary small town located in the mountainous area of Nishitama District, northwest of Tokyo, was relatively unknown. However, fifty years ago, an artifact discovered here brought it fame, and it was recorded in the “Cambridge History of Japan”.
In 1968, a Japanese scholar discovered an old manuscript in a warehouse in Fujimachi. Upon careful examination, it turned out to be a draft constitution. The section regarding citizens’ rights was similar to the current “Constitution of Japan”. However, this draft constitution was completed in 1881, nine years before Japan’s first constitution was promulgated. The advanced nature of this constitution shocked people, and what is even more unimaginable is that this epoch-making draft constitution was actually authored by a primary school teacher.
In 1873, Japanese jurist and translator of the “Napoleonic Code”, Mizusaki Rinsyo, translated the French word “Constitution” as “宪法” (Constitution). The following year, the Freedom and People’s Rights Movement emerged in Japan, with the establishment of a national assembly and the drafting of a constitution becoming the main demands of this movement. The rapid spread of democratic consciousness in society made those in power feel uneasy. The Meiji government successively issued laws such as the “Slander Law”, “Newspaper Ordinance”, and “Assembly Ordinance” to suppress freedom of speech and civil rights activities. Under government repression, the Freedom and People’s Rights Movement gradually declined.
However, in this remote small town of Fujimachi, an enlightening academic group called the “Gakugei Kōdan-kai” was established. It was founded by a former mayor, a village school principal, and a local landowner from nearby villages. The first article of the group’s constitution stated that members “work together, persevere, develop freedom, and improve society”, and that members should “love each other like brothers, as if they were one big family”. Members of the “Gakugei Kōdan-kai” used Western classical works and translations of secondary works for self-education, eagerly absorbing new knowledge. Several young members quickly became knowledgeable political orators, actively participating in the Freedom and People’s Rights Movement.
At 28, Chiba Takusaburo was a key member of the “Gakugei Kōdan-kai”. He was born into a lower samurai family and had participated in the old shogunate army against the forces of the Restoration government. After the war, the Meiji government did not eradicate supporters of the old shogunate but treated them with tolerance. Therefore, Chiba Takusaburo was not implicated and returned to his hometown to become a teacher at Fujimachi School. He actively participated in the activities of the “Gakugei Kōdan-kai”, deepening his understanding of freedom and civil rights, transforming from a traditional samurai supporting the old shogunate into an intellectual with modern ideas.
While the Meiji government suppressed the Freedom and People’s Rights Movement, it was also attempting to draft a constitution suitable for Japan’s national conditions. In 1876 (the ninth year of Meiji), Emperor Meiji issued a decree clearly stating the intention to draft a constitution based on existing laws and regulations of Western countries, combined with Japan’s own actual situation. However, due to internal disagreements, no substantial progress was made. It was not until 1881 that the Emperor issued a decree to establish a national assembly, confirming that a national assembly would be convened and a constitution promulgated nine years later, prompting the government to begin drafting the constitution.
In the eyes of the oligarchic rulers, drafting a constitution was unprecedented in Japan, and it was not something that “ignorant and uneducated” common people could participate in. However, while government officials rushed to Europe for advice on drafting the constitution, the mountain villagers they openly claimed to be “willingly ignorant” were passionately discussing the form and content of Japan’s future constitution.
The discussion list of the Fujimachi “Gakugei Kōdan-kai” that has been preserved to this day astonishes scholars today. It lists a wide range of issues, with 15 topics related to drafting the national constitution, 9 topics related to legal systems, and 7 topics related to citizens’ rights. As a member of this society, Chiba Takusaburo completed a full draft of a national constitution in less than six months. At that time, the government’s constitutional drafting work had not yet begun.
Chiba Takusaburo referred to his drafted constitution as the “Constitution of the Empire of Japan”, which consisted of 5 chapters, 9 sections, and 204 articles, focusing on the freedom rights of the people. Article 45 stipulated, “The national law guarantees that the citizens of Japan possess rights and freedoms that are not infringed upon by others”, which is identical to the current “Constitution of Japan”. Article 47 stipulated, “The citizens’ freedom rights shall not be infringed upon, and all citizens are equal before the law”. Article 48 stipulated, “All citizens of Japan shall use the same code throughout Japan and be protected by the same code, without granting privileges to localities, clans, or individuals”. Additionally, the rights of citizens, including freedom of speech, publication rights, property protection rights, and litigation rights, were detailed, making it a constitution draft that thoroughly guarantees citizens’ rights.
This draft constitution also emphasized local autonomy. Article 77 stipulated: “Prefectural governors may formulate programs based on special laws, and prefectural autonomy may be conducted according to local characteristics, without government interference, and the national assembly shall not infringe upon its authority.” This provision is somewhat similar to the relationship between state laws and federal constitutions in the United States, while the Meiji government was wholeheartedly devoted to centralization and never considered local autonomy.
In 1889, the Meiji government promulgated the “Constitution of the Empire of Japan”, and in 1947, under the American occupation, the Japanese government promulgated the “Constitution of Japan” (also known as the “Peace Constitution”). Compared to these two constitutions, Chiba Takusaburo’s drafted “Constitution of the Empire of Japan” is closer to the latter, demonstrating its astonishing advancement. Since it was drafted by local civil rights theorists, it inevitably contained contradictions or immature aspects. However, these flaws did not affect the democratic nature of this constitution, nor did they impact later evaluations of it.
During the Freedom and People’s Rights Movement in Japan, a wave of private constitution drafting swept through the public. According to statistics, the number of various constitution drafts proposed by the public exceeded 40. To evaluate whether a constitution is advanced, one should look at what provisions it makes for the rights of the people. Judged by this standard, Chiba Takusaburo’s drafted constitution is rated the highest by later generations. Due to its clear and mature demands for civil rights, this constitution draft is referred to as the “People’s Constitution” or the “Human Rights Constitution of the Grassroots Class”.
In the third year of drafting the constitution, Chiba Takusaburo unfortunately passed away due to illness at the age of 31. The constitution draft he authored did not receive recognition from the Meiji government. In fact, the official “Security Ordinance” issued in 1887 prohibited private discussions on drafting constitutions. When the government drafted the “Constitution of the Empire of Japan”, it did not reference public proposals. Thus, Chiba Takusaburo’s labor of love was buried in history until it resurfaced more than eighty years later. Fortunately, the ideas of freedom and democracy expressed in Chiba Takusaburo’s private constitution were not buried but were inherited by the current “Constitution of Japan”.
Today, Chiba Takusaburo’s drafted “Constitution of the Empire of Japan” has become a tangible cultural heritage of Tokyo, preserved for future generations to study. Faced with this manuscript from over 130 years ago, how can later generations not feel a sense of emotion? Chiba Takusaburo, as a mountain dweller, was far removed from the world yet harbored thoughts for the nation, single-handedly drafting a constitution for the country. Unfortunately, he passed away young and remained anonymous for nearly a century. His insights are admirable, while his personal experiences evoke sympathy. A famous quote by Chen Yinke on the monument of Wang Guowei, with slight modifications, may accurately depict Chiba Takusaburo: “The writings of the gentleman may sometimes be unremarkable; his theories may sometimes be debatable; but this thought of democracy and freedom has lasted for thousands of years, enduring with heaven and earth, and shining forever with the three lights.”
Readers of this account can join the group to discuss modernization topics.
Further Reading
1. Professor Chen Hongyi: The Christian Tradition and the Origins of Western Modern Constitutionalism ｜ 2. The Origins of Constitutionalism ｜ Kirk: “The Foundations of American Order” on “Cicero and Natural Law” ｜3. How Many Political Taboos Remain Unwritten ｜ 4. Jiang Ping: Farewell to Cage Law, Reflections on a Century of Chinese Rule of Law ｜5. Zhou Weimin from the Central Party School: Ten Historical Experiences of China’s Reform ｜ 6. Zhou Qiren: Universal Freedom, Not Freedom for a Few Privileged, is the Reliable Foundation for Economic Growth ｜ 7. Ding Xueliang: Eight Words that Led to the Collapse of the Soviet Union—Internal Suppression, External Expansion ｜ 8. Qin Hui: Why Do People Dislike Imperial Rule ｜ 9. Liu Yu: South Korea’s Democratic Transition: A Revolution Driven by Ideas ｜ 10. I Do Not Believe in a National Law Without Heavenly Principles ｜ 11. Cai Dingjian: Suggestions for Reforming the National People’s Congress: Reforming the Electoral System ｜ 12. Cai Dingjian: Suggestions for Reforming the National People’s Congress: Implementing Full-time Representation ｜ 13. Cai Dingjian: Suggestions for Reforming the National People’s Congress: Full-time Leadership of the Standing Committee, Reforming the Functions of the Standing Committee ｜ 14. Cai Dingjian: Suggestions for Reforming the National People’s Congress: Reforming the National People’s Congress is the Engine of Constitutional Construction in China ｜ 15. Wei Sen: Seven Major Ideas from Hayek’s “The Road to Serfdom” ｜ 16. Yu Meisuan and Wu Jinglian’s Book Exchange and Thought Exchange ｜ 17. Ding Xueliang: Observing the U.S. Election Should Not Be Overly Simplified ｜ 18. Ding Xueliang: U.S. Elections: Picking Between Two Baskets of Rotten Apples? ｜ 19. Ding Xueliang: The Insights from the Russia-Ukraine War: External Intervention, Human Cost ｜ 20. Ding Xueliang: The Insights from the Russia-Ukraine War on the Taiwan Strait: External Intervention, Human Cost ｜ 21. Ding Xueliang: Russia’s Family Treasure: War Economic System ｜ 22. Gao Quanxi: Seeking Common Ground Between Confucianism and Liberalism ｜ 23. Lin Anwu: Settling the Spirit with the Thoughts of Confucianism, Buddhism, and Daoism ｜ 24. Ding Xueliang: The Army of Unemployed College Students in Mainland China May Reach 30 Million ｜ 25. Ding Xueliang: The Historical Roots Behind Fudan University’s Significant Cuts to Humanities and Increases in Science and Engineering ｜ 26. Ding Xueliang: Future Technological Competition and Comparisons of U.S.-Europe and Soviet-Russian Systems ｜ 27. 42 Political Jokes from the Soviet Union ｜ 28. Rule of Law Case: Is the U.S. President Greater than the Supreme Court?—From the Merryman Case to the Milligan Case ｜ 29. Ding Xueliang: The American Middle Generation’s Wolf Warriors, More Powerful than Trump ｜30. Deng Xiaomang: Contemporary China Calls for a Third Enlightenment ｜ 31. Han Yaogen: Reformers Might as Well Revisit the “Shekou Spirit”