Up to the year 1868 Japan was divided into numerous provinces governed
by Daimios, or territorial lords, each of whom maintained large
standing armies. They were all subject to the Shogun, while retaining
the right to rule their particular provinces in ordinary matters. In
1868 the Shogun fell, and there can be little doubt his fall was to
some extent brought about by the concessions which had been made to
foreign Powers in regard to the opening of the country to foreign
trade. In 1868 the Shogun repaired to Kyoto, the first time for 250
years, and paid homage to the Mikado. Feudalism was then, as I have
said, abolished, the Emperor took the reins of authority into his own
hands, formed a central Government at Tokio and reigned supreme as an
absolute monarch.
"The sacred throne was established at the time when the heavens and
earth became separated." This has long been an axiom of Japanese
belief, but it has been somewhat modified of late years, even the
assertion of it by the Sovereign himself. A leading Japanese statesman
who has written an article on the subject of the Emperor and his place
in the Constitution has asserted that he is "Heaven descended, sacred
and divine." I do not think that the modern Japanese entertains this
transcendental opinion nor, indeed, do I find that the Emperor himself
has of late years put forward any such pretensions. For example, in
the Imperial proclamation on the Constitution of the Empire on
February 11, 1889, the Emperor declared that he had "by virtue of the
glories of our ancestors ascended the Throne of a lineal succession
unbroken for _ages eternal_." Whereas in the Imperial Rescript
declaring war against China on August 1, 1894, he contented himself
with asserting that he was "seated on a Throne occupied by the same
dynasty from _time immemorial_." The italics are mine, and the
difference in the pretensions which I desire to emphasise is certainly
remarkable.
When granting a Constitution the Emperor, as has been and probably
will be the custom of all monarchs so acting, declared that the
legislative power belonged to him but that he intended to exercise it
with the consent of the Imperial Diet. The convocation of the Diet
belongs exclusively to the Emperor. It has no power to meet without
his authority, and if it did so meet its acts and its actions would be
null and void. In this respect the Diet is on precisely the same basis
as the English Parliament. According to the Constitution the Emperor,
when the Diet is not sitting, can issue Imperial ordinances which
shall have the effect of law so long as they do not contravene any
existing law. The article authorising these ordinances defines that
they shall only be promulgated in consequence of an urgent necessity
to maintain public safety or to avert public calamities, and all such
ordinances must be laid before the Diet at its next sitting, and in
the event of the same not being approved they become null and void.
Public-domain text, read in full here on John Shaqi.
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