(197) Civil rights are fought for, not sent

A reporter from Hunan's "Ta Kung Pao" commented on the war: "[In this war] it was not our Hunan army's several thousand guns that defeated the bandit army, which had an overwhelming superiority in numbers, but our more than 30 million Hunan people defeated two thieves, Zhang Jingyao and Tang Tianxi. ”

Many people agree with such a statement, but many people also point out that this time it can be easily achieved in a short period of time to "expel Zhang Tang." The purpose is inseparable from the strong support of the neighboring province of Jiangxi.

Some analysts pointed out that when the local Hunan army was repeatedly unfavorable, the Hunan army that suddenly appeared under the banner of "protecting the people" was actually the Hunan officers and soldiers of the original Jiangxi army. It was the timely appearance of this thunderous rescue force that turned the tide of this war.

Some observers have pointed out that the army was armed with a considerable number of "flower organs." "Guns, but also possessed mortars and rocket artillery and other advanced weapons," although the number of people (referring to the people's protectors) is small, but the weapons are advanced, the firepower is powerful, every time he engages with the bandits, they can be ten, and their momentum is like a raging storm, and the bandits cannot stop it. And there are people who are helping each other, so they can make a great contribution........."

This view is shared by some foreign observers, who also point out that "in many places the bandits have been bombarded by terrible planes, and the positions of the well-fortified bandits have been abandoned under heavy blows from the air." No one can hold out under such an endless blow.,...... In fact, there is no way for such a small number of people to win a war without support from the air, and this is a surprising war, because even in the European theater, there are very few examples of such good coordination between the air and the ground......... It's a strange war at the same time. With a government that has done nothing on the one hand, and a people who have risen up to save themselves, what kind of future will this war bring to China? ”。

January 20, 1919, Beijing, Juren Hall, the Great Presidential Palace of the Republic of China.

"Wan Urgent: President of Beijing, Premier Jun Jian: Since the outbreak of the war in Hunan", all academic and business circles across the country have blamed Jing Yao and others, and public anger has risen sharply, and there is no consensus. The government knew about the war in Hunan Province, and Yu Jingyao and others had nothing to do with it, so they did not have the heart to order them to retire, but warmly expressed their condolences. The government knows that Jingyao and others have really suffered from it, and they are deeply distressed. Since ancient times, all national events, bad for the classics are not uncommon, Jing Yao and other people in Hunan people have no bad feelings, as far as they can see, since Jing Yao stationed in Hunan Province, although there are few constructions, but conscientious, do not seek merit, but seek no fault, why the remnants of the people? So that people inside and outside can be killed? The princes in Beijing, are there no one or two wise people who can distinguish between the right and the wrong? The reason for this, if it cannot be revealed to the world, will cause endless harm. Now Jing Yao Fu is the president of our country, and the prime minister is shocked, and immediately sent people who share the feelings of the people to Hunan Province to investigate, take over Jing Yao and other posts, and make all the internal affairs public to the people, and the feelings of the people will be dissolved, and the hidden dangers will be eliminated. The people of Hunan are safe, the country is difficult to settle, although seeking reunification, Xu Ce is rich and strong, and the future of the Republic of China is poisonous. Jing Yao and others are in trouble, and they are anxious to choose what to say, and they are overwhelmed by the telegram and prayed for ............".

"What does he mean by Zhang Jingyao sending such a telegram?"

Li Yuanhong handed the telegram to Premier Xu Shichang, frowned and said.

Xu Shichang quickly read the telegram, and his eyes flashed with surprise.

"Judging from this telegram, he Zhang Jingyao seems to be full of grievances." Xu Shichang said, "He has repeatedly hinted that there is something hidden in this" is ..........

Xu Shichang said as he unconsciously looked out the window.

Of course, Li Yuanhong knew what Xu Shichang meant, and couldn't help but smile bitterly.

"He Zhang Jingyao didn't send a telegram to Duan Zhiquan, but sent it to us, for fear that he was suspected of wanting to drag us into the water. Xu Shichang continued, "From this point of view, I am afraid that this chaotic war in Hunan really has hidden secrets that no one knows. ”。

"There must be hidden secrets, and there must be a lot of people involved...... Li Yuanhong said, "At least Duan Zhiquan and Yang Hanzhi can't escape." ”

"Yang Hanzhi? Isn't he in Guangxi? How could you pull him in? Xu Shichang asked.

"The others are in Guangxi, but Jiangxi is now equal to his ......territory," Li Yuanhong said, "Tang Die, the commander of the town of Jiangxi, Xu Yuanjin, the commander of the town of Nanchang, Chen Jiongming, the governor of Guangdong, Li Houji, the commander of the Fujian town, and Cheng Biguang, the commander of the Jiangfang fleet, all obeyed his orders." ”

"What does Song Qing mean, is he Yang Hanzhi secretly supporting the Hunan army? Xu Shichang asked in surprise. ,

"Of course...... Li Yuanhong sneered, "Otherwise, where did the Hunan army get so many guns and ammunition, and even aircraft artillery?" ”。

"From this point of view, there is indeed a hidden secret in this! Xu Shichang nodded, "Why did he, Zhang Jingyao, get into such a fight with Tang Tianxi, and why did Duan Zhiquan refuse to dismiss Zhang Jingyao?" Why is Yang Hanzhi unwilling to directly help Hunan Province? There are indeed many doubts in this. ”。

"But at this time, it's useless to say anything...... Li Yuanhong said, "Even if there is a hidden secret, what can it be?" With the current situation, who would be willing to speak for him, Zhang Jingyao, a notorious thief? ”

"Yes! Speaking for him now is purely looking for death. Xu Shichang said with a sigh.

"He Zhang Jingyao wanted to avenge his grievances, not only found the wrong person, but also found the wrong time." Li Yuanhong casually pressed the bell and secretly called a confidential person over.

"Copy this telegram to the Governor's Office, and ...... it immediately," Li Yuanhong ordered.

Since the establishment of the new government of the Republic of China, the Border Inspectorate has nominally been directly under the Presidential Palace, but in fact it is the Emperor of the Beijing Government.

"Let him handle this matter by himself!" When the figure of the secretary disappeared, Li Yuanhong turned his head to Xu Shichang and said meaningfully, "His precious general, let's do it himself!" “

When Duan Qirui read the telegram copied by the presidential palace, his face suddenly turned pale.

"Bastard!" Duan Qirui slammed the telegram on the table, "He Zhang Jingyao wants me to be a shield for him!" “

"I really shouldn't have let him do this in the first place" Xu Shuzheng, who had just rushed back to Beijing, read the telegram and said calmly to Duan Qirui, "He is now afraid that we will ignore him, so he sent such a telegram." ”

"He messed things up on his own, and now no one can save him." Duan Qirui took a breath, sat down and said, "I just want to help him, but I can't help him." ”

"Hunan's chess" is equivalent to us already losing. Xu Shuzheng said.

"Not yet." Duan Qirui sneered and shook his head.

"How so?" Xu Shuzheng was slightly stunned, and a look of incomprehension flashed in his eyes.

"He is a young man after all, and he has something in common with those radical students." Duan Qirui handed another telegram to Xu Shuzheng, "This is the telegram of Yang Hanzhi in favor of Hunan autonomy." ”

Listening to Duan Qirui's words, Xu Shuzheng couldn't help but be enlightened, he immediately took the telegram and read it.

"Liang Zhuoru also caused Hunan autonomy, and he couldn't even care about such a major event as the parliamentary election." Duan Qiduan said, "He has now left Beijing and gone south, and it is estimated that he will arrive in Changsha." ”

"Hunan autonomy is actually not much good for him Yang Hanzhi, but he is strongly in favor of it, which is really incomprehensible." Xu Shuzheng put down the telegram, and the puzzle on his face became even stronger, "What does he want to do?" ”

"We'll see." Duan Qirui said.

On January 17, 1919, Zhang Jingyao sent a telegram to the wilderness, and the Zhang brothers immediately fled to other provinces, where they were captured and executed by the Hunan army at the provincial border.

On January 22, 1919, Tang Tianxi led the army to retreat to Xiangtan, which was intercepted by the first division of the Hunan Army's "Protector Army".

On January 30, 1919, "Zhao Heng, the former overseer of Hunan, went to the field with electricity.

Hunan, Changsha, Yuelu Academy, venue of the Constituent Assembly.

"That General Xiao Yang has already telegraphed the whole country, in favor of the autonomy of Hunan Province, and the abolition of the governor and disarmament, which is really unexpected."

"That's because he saw that we Hunan people can't be insulted, because there is such electricity."

Otherwise, he is in favor of autonomy "largely for his own sake, in the name of autonomy against the Beijing government." ”

"Even the military will spit out the words "autonomy", these two words can be regarded as the motive of autonomy, whether it is true or false, we will not care about it for the time being, that is, at this end, we can conclude that sooner or later there will always be hope for the realization of our ideal federal state. ”

At this time, at the meeting, "some scholars were talking.

Their warlords favor the role of autonomy because they want to use "the constitution of autonomy, a golden signboard, so that it can be used against one side or any other." However, although their warlords are not sincere, we, the people, can conform to him with the sincerity of demanding autonomy. Since he can use this name to fulfill his private plans, "why can't the people use his private plans to seek the public welfare of the masses." ”,

"The Hunan affair is terrible because the majority of the people cannot be conscious and cannot stand up for it. If you have something to say, you don't have to say it. The warriors of the north and south have to take advantage of the gap to insult them, according to Hunan as their territory, including the people's wealth for their own innocents. Let's not talk about the past, but in the future, the negative aspect is nothing better than abolishing the governor and reducing the army, and the positive aspect is better than building the rule of the people.

Since the founding of the Republic of China, celebrities and great men have made a big fuss about its constitution, parliament, presidential system, and cabinet system, and the result has only become worse and worse. Who? The floor was built in Shazhu, and the building has collapsed without waiting for it to be completed. Now that the chaos is in the first place, 30 million people, everyone should speak, each with their own unique ideas, and share the responsibility for transformation. ”

"If the affairs of Hunan are still presided over by a few Hunan commanders, this is "Hunan officials governing Hunan" and must not be regarded as "Hunan people governing Hunan"

If we want autonomy, we must not rely on "official rule" and seek "Hunan autonomy," and we cannot rely on a small number of people of this special class, and the government and a small number of people of special classes may not be able to seek welfare for all of us in Hunan. ”

In other words, true Hunan autonomy means the realization of real "rule by the people" in Hunan, that is, the 30 million people of Hunan Province, and everyone should speak and everyone must speak. ”

"Isn't the so-called fundamental law of provincial autonomy that we are about to draft the provincial constitution that the people of Hunan are eager to create? The nature of the provincial constitution is to stipulate the organization of the province, the relationship between the various departments of the provincial government, namely the executive, the legislative, and the judiciary, and the relationship between the provincial government and the people. The most important thing for the people to demand in the constitution is to see how to regulate the relationship between the government and the people, because the growth and decline of civil rights only need to fight for this point, and if this point cannot be won or the results are not satisfied, there will be nothing to say about other matters. ”

After listening to the discussion of the scholars, Liang Qichao, who was sitting there, couldn't help but nod his head again and again, his heart was full of relief.

He knows that everything he has done for Hunan's autonomy is supported by the consciousness of the Hunan people.

On the day of the victory of the "expulsion of Zhang Tang", the Hunan Shishen students who participated in the petition to expel Zhang Tang had already realized that political problems cannot be solved only by political methods, and that if they want to reform politics, they must first strive to transform the cognition of society. Today's Hunan intellectuals no longer pin their hopes on the military pavilion and the martial arts, but instead pin their hopes on the people's awakening and social self-help. In this regard, the opinions of the scholars present are actually unanimous.

It is precisely because of this consciousness that warlords from other provinces are unreliable, and even the military cabinets of other provinces are unreliable, that the people of Hunan have realized that "if they want to get rid of the war and live a good life, they must "seek more blessings for themselves" and "ask 30 million people to rise up and realize the "rule of the people...".

Rather, it is necessary to make "Hunan autonomous." "To produce legal effect, but the warlord forces in the north and south cannot be said, the first task is to formulate a "Hunan constitution" based on the will of 30 million Hunan people"Based on this understanding, all public organizations in Hunan collectively petitioned the provincial government, demanding that the Hunan people's own constitution be formulated as soon as possible: "This time the Hunan people govern Hunan .........,... The desire for self-determination and autonomy is on the right track, and there is no other way to follow the Hunan people's self-made constitution. ”。

In addition to preventing the warlords from the north and south from fighting for Hunan, Hunan's intellectuals also hoped that the constitution would play a role in guaranteeing civil rights. This requires broad participation of the population in the process of drafting the Constitution. In order to awaken the people's awareness of constitutionalism, Hunan Ta Kung Pao also published a special article entitled "Civil Rights Are Not Sent", that is, aimed at arousing the enthusiasm of the people to participate in the formulation of the constitution. The article said: "Hunan people, are you all awake? What is not painful about the oppression of the government, the foolishness of the parliament, the knocking of the officials, and the poison of the soldiers and bandits that you have endured in these days of war? Taking advantage of this start-up opportunity, you should think: 1. Why don't our people have rights? 2. Why are the people who ravage our civil rights so tyrannical? From this, we can think of how we should assert civil rights and how we should restrain the ravages of civil rights, and we can think out in the Constitution. We have come up with a way, and we have to codify it and put it in the constitution as a permanent guarantee. These methods are not conducive to the special power classes, bureaucrats, politicians, warriors, capitalists, etc., and it is not easy to achieve a satisfactory solution if they fight desperately, and if they close their eyes and meditate like a religious believer's prayer for God to give the gospel, where is there any hope? We would like to tell the people of Hunan once again that "civil rights are fought for" is not sent! ”。

Today's intellectuals in Hunan already have the idea that "civil rights are fought for, not sent." This kind of consciousness finally turned Hunan's preparation for the constitution into a tremendous mass enlightenment movement. The first to be involved in this movement were Liang Qichao, Cai Yuanpei, Zhang Dongsun, Zhang Taiyan, and even Dewey and Russell, famous scholars at home and abroad. Now, within Hunan Province, between the provincial government and the people, the main trouble "has appeared" for the government to formulate the constitution. "Still" is constitutionalized by citizens. "The divergence of the two lines, the petitions and polemics that resulted from this disagreement, began to rise and fall after the war was over. ,

After a fierce debate, "the final solution to the differences was "scholarly constitutionalization...". This plan was first proposed by Cai Yuanpei. Previously, Cai Yuanpei had accompanied Dewey, Russell and other well-known foreign scholars to Changsha to inspect Hunan's "autonomy", and at that time, Cai Yuanpei had proposed that Hunan's autonomy constitution should be formulated by a scholar with professional accomplishments. Cai Yuanpei's opinion was supported by Tan Yankai, the governor of Hunan at the time, and Zhao Hengti, the overseer of Hunan. After the end of the war, the provincial government hired a large number of well-known scholars as members of the Hunan Provincial Constitution Drafting Committee, such as Liang Qichao, Wang Zhengting (jurist, one of the drafters of the Provisional Constitution of the Republic of China), Jiang Baili (military scholar, principal of the Baoding Army Military Academy), Shi Taogou (military scholar), Peng Yunyi (former chief of education), Li Jiannong (federalism theorist), Wang Yuxiang, Xiang Shaoji, Pi Zongshi, Huang Shiheng, Tang Dechang, Dong Weijian, Chen Jiaxun, Zhang Shengshu and others were all among the committee members.

"I have read the Hunan Provincial Constitution drafted by the Drafting Committee three or four times, and I think it is very good to take a big break. Its strengths are: First, it knows how to pay attention to civil rights. Looking at the rights and obligations of the people stipulated in it, the boundaries are delineated in essence everywhere, and they are clearly written, without the need to bracket the provisions, leaving more opportunities for the evil government to trample on human rights. This chapter is indeed outstanding in this draft! The second is to know that we should focus on the facts, and not make lofty statements, so that the provisions are tantamount to fictitiousness; The legal doctrine on which it is based should have been so prescribed, and if it is not feasible because of the kind of relationship, the method of operation shall be changed or the period of its operation shall be extended. This can be seen in the meticulousness of the drafting monarchs! The third is to know that practicality is not beautiful. At first, I was a person who opposed the so-called "scholars' constitution-making", because I was afraid that scholars would not be willing to depreciate themselves. Reading this case today, there are many places that are "not beautiful but delicious", which is really unexpected to me.

After listening to Liang Qichao's evaluation, some scholars applauded. (To be continued.)