Constitution of Hunan Province

Hunan, being the linchpin of Southern China, was a battleground between multiple warlords. In June of 1920, Zhang Jingyao's army was routed out of Hunan by Tan Yankai and Zhao Hengti. Various circles in Hunan such as the Hunan Reconstruction Promotion Association and the Hunan Civil Protection Promotion Association were created, adopting the slogan of "Hunan for Hunanese", with the main purpose of "Self-determination for Hunanese". These groups argued for self-determination and autonomy for the Hunanese people. On July 22nd, Tan Yankai put forth the "Madian", declaring the abolition of systems imposed by Beiyang military warlords, local self-government, and a democratic system for electing governors. A meeting was convened consisting of Hunanese bureaucrats with the aim of formulating a constitution. 377 Hunanese citizens, including Mao Zedong, proposed the creation of a Hunan Revolutionary Government, the convention of a People's Constitutional Convention, and the implementation of a Hunan Constitution. Because of a power struggle and external pressure, Tan Yankai resigned from the position of Commander-in-Chief, passing it on to Zhao Hengti[3].

With Zhao Hengti's ascension to Commander-in-Chief, he ordered the Provincial Government to work with the military, creating the Military and Civilian Affairs Bureau to create a document for "Provisions for the Preparation of the Basic Law of Hunan Provincial Autonomy". On January 25th, 1921, the Constitutional Preparation Office was abolished and replaced with the Office for the Preparation of Basic Law of Provincial Self-Government, which immediately started drafting a plan for a constitution. The planning of the Constitution went through three stages - drafting, reviewing, and a referendum by the citizens. The aim of the Constitution was to maintain Hunan's autonomy within China. During the reviewing stage, a constitutional reviewing committee amended and looked over the constitution. It was then handed over to the upper-classes of Hunan, who held a vote on the Constitution plan. Although this vote was of little significance, it was one of the first democratic processes in Hunan during the Warlord Era[4].

In January of 1921, the Office for the Preparation of Basic Law of Provincial Self-Government issued the "Cultural Vernacular of the Citizens of the Province", asking for opinions on constitutional content[5]. Choosing on a basis of academic experience and unbiased political views, Zhao Hengti nominated people such as Li Jiannong, Wang Yixiang, Wang Zhengting, Jiang Baili, Peng Youzhen, Shi Taoxuan, Xiang Shaoxuan, Chen Jiaxun, Pi Zongshi, Huang Shiheng, Dong Weijian, Tang Dechang and Zhang Shengshu to draft the Constitution. Li Jiannong was appointed as Chairman of the group[6].

On March 20th, 1921, the Provincial Constitution Drafting Committee meeting was held at Yuelushan Industrial College. More than 300 people in Changsha went to the meeting. Zhao Hengti argued that "If members of the military do not preserve their positions, we cannot sustain autonomy." However, Lu Diping proclaimed that after the implementation of Hunanese self-government, all soldiers of his generation would be returned to their homes, as they would be protected by self-government laws[7].

The members of the Committee spent one month in drafting the Constitution. The draft detailed the basic rights of the Hunanese people, the organization and power of the Council of the Hunan Provincial Government, and the implementation of basic self-governance for the lower classes. During the span of the month, the members of the Committee completed drafting the Constitution as well as six new laws.

On April 20th, Li Jiannong, Chairman of the Committee, sent the completed draft to the Office for the Preparation of Basic Law of Provincial Self-Government. Liang Qichao congratulated the Committee, saying that it was the "first ray of light in our country's legal history". As Lin Shiyu, governor of Hunan, had stepped down from his position, Commander-in-Chief of the Hunan Army Zhao Hengti took up his position as Interim Governor, elected by the Provincial Council. On April 21st, Zhao announced the completion of the draft of the Constitution.

On April 22nd, 155 reviewers elected by county councils convened the Hunan Constitutional Review Conference to review the drafted constitution and the six new drafted laws. These examiners, with the oldest being 59 and the youngest being 28 and the average age being slightly lower than 40, were people who were involved in legal professions or had engaged in legal affairs. Of these people, 56 people were based in China, 35 were educated in Japan or the United States. 11 graduated from Hosei University and 6 from Waseda University. One of the reviewers, Chen Yu of Jixian County, was one of the first Hunanese women during the warlord era to be involved in politics[8].

Originally scheduled to end on May 20th, the Constitutional reviewing process was delayed by four months. The distribution of provincial councillors and the provincial administrative system were some of the most controversial topics. It was only because of the failure of Hunanese soldiers in Hubei against the armies of Wu Peifu and the fall of Yueyang that the reviewing was rushed and finally finished. One of the reviewers commented that "When the surprising news of the fall of Yueyang reached us, we finished reviewing 144 lines in 3 days." On the 9th of September, the constitution was fully reviewed and approved.

After the reviewing of the Constitution, on December 1st, the voting phase started. There were 18,158,875 votes for the implementation of the Constitution and 575,230 against. On January 1st, Zhao Hengti officially announced the implementation of the Constitution of the Hunan Province. On the same day, the entire document was copied down on yellow paper, with the papers being stuck to a pavilion and paraded through the streets of Changsha. Multiple new government departments were opened and visited to "show the meaning of democracy". The Changsha Minting Factory minted "Provincial Constitution Implementation Memorial" copper and silver coins to commemorate the occasion.

The constitution consisted of 13 chapters and 141 articles. It was split into five major parts - The Rights and Obligations of the People; The Power of the Province; The Organization of Provincial Government Organs and the Exercise of Provincial Power (The Provincial Council, The Provincial Government, Legislation etc,.); The Organization of the Lower Level; and The Amendment and Interpretation of the Laws of the Constitution.

The Constitution made five main changes - it attached great importance to the rights of the people, gave the province a high degree of autonomy, started extensive use of the referendum system (seen as revolutionary at the time)[9] restricted the power of the governor/restructured the political framework of the government, and divided the provincial and national powers and laid the foundation for federalism.[10]