First let us recall that Vietnam, after having been under the dominance of China for over a thousand years, recovered and maintained its independence for another thousand years, until the late 19th century. Profoundly molded by Chinese culture, education and institutions, Vietnam is a land of marked cohesion, unity and homogeneity, conscious of its own personality, grateful to China for what China has given it, yet tenaciously retaining its own way of life. Among other things, foreign historians have noted that the Code of the Le dynasty (15th century) is more characteristically Vietnamese and has borrowed less from Chinese Codes than that of the Gia Long dynasty (beginning of the 19th century). It does not surprise us that these characteristics should evidence themselves more in jurisprudence than elsewhere. Deriving its inspiration from equity, our jurisprudence has evolved in sensitive consideration of the social milieu and custom.
As to modern democracy, our institutions, customs and the principles underlying them are democratic facts. They have grown out of the past and are the product of an historical evolution. They have operated even under the occupation despite blurrings brought on by extraneous innovations and interferences. But they were more clearly expressed under pre-occupation conditions.
Briefly some of the basic principles universally accepted by the people of Vietnam are:
The moral norms bind the Sovereign as well as officials and the common people;
The State is founded on the people;
The mandate of Heaven held by the Sovereign was revocable if he proved himself unworthy thereof;
The voice of the people was the voice of Heaven;
The magistrate in his official capacity must conduct himself as one participating in a religious rite.
These ideas were not mere formalities. They were part and parcel of the very institutions themselves.
Institutions
The Council of Censors
This Council was made up of well-known scholars and officials of unimpeachable integrity. They passed judgment on the official acts of the Ministers and other important officials. It was their duty to call the Sovereign's attention to the morality involved in public acts. Should the need arise their reminders were made to the Sovereign directly by way of remonstrance.
Ministers of Government ("Cabinet")
The Ministers reported to the Sovereign, sometimes simply to inform him (on affairs involving their decisions), sometimes to ask his sanction. If the Sovereign approved, the Ministers then notified the provinces or organism concerned. Should the matter require the form of Imperial Edict the Ministers submit an outline for the Imperial signature (which took the form of a Red Dot), preceded by a report of presentation, which included an expose of the question, the proposals of the organism (provincial authority, etc.) raising the question, references to the law or precedents, a resume of the pros and cons, and the conclusions of the Ministers. Should the Sovereign, instead of sanctioning, make marginal comment or recommendations, the Ministers proceed to a new study of the matter. If the Sovereign's annotations are accepted without change the Ministers submit a new outline incorporating the recommendations. This procedure exemplifies the saying: Law derives from joint action of Sovereign and Minister.
Imperial Secretariat
The Imperial Secretariat had no powers of its own. The Secretariat presented the reports of the Ministers to the Sovereign, after previously submitting them to the Council of Censors for verification or observation. After receiving the Sovereign annotations or sanction the reports returned to the Ministers through the same channels. The original document, signed or annotated by the Sovereign, was carefully preserved in the archives for reference.
Standing Committee of Ministers and Censors
To guard the prestige of the Sovereign and to assure the prompt despatch of affairs, delegates of the Ministers and of the Council. of Censors formed a standing group, rotating in turns, on twenty-four hour duty. They had office space in a room in the Imperial Enclosure, near the residence of the Emperor. It was their duty to give a summary review of the documents submitted to the Sovereign, check for errors and add their own signature before passing them on to the Imperial Secretariat for presentation to the Sovereign. Special chamberlains, appointed for the purpose, carried the document from Secretariat to Sovereign. On the return journey they reviewed the annotations of the Sovereign and attached their signature on a separate slip before forwarding them to the Ministers. The purpose of, reviewing the Sovereign's annotations was to eliminate obvious errors or inexactitudes or formulae contrary to the norms. It was their duty to call respectfully the Sovereign's attention to any such failing which they considered blameworthy. The Sovereign accepted urgent reports even at night. The Standing Committee was charged particularly with forwarding reports on urgent matters, reports from distant provinces, frontier reports bearing on national security, etc. The Sovereign would send back urgent documents even late at night, and if thought advisable would convoke the Standing Committee for consultation.
This reflected the commonly accepted view that the Sovereign ought always to be at the disposal of the people.
Court Assemblies
Court Assemblies, comprising not only the Ministers but numerous civil and military officials above a certain grade, convened as a rule at least once a month. The Sovereign attended, assisted by the Imperial Secretariat and under the eyes of the Council of Censors. The agenda was prepared in advance. Questions were brought up and discussed. Any observations by the Sovereign were noted, particularly by the Secretariat and the Censors. Should need arise the Censors intervene. On conclusion of the deliberations, the Ministers, after further study, would submit proposals according to the procedure, already described, to the Sovereign for executive action.
The Sovereign
In general the Sovereign, in his annotations on documents or in verbal observations in Court Assemblies, intervened to call attention to the norms, to recommend clemency, scrupulous review of judicial decisions, care of the people, to comment on or rebuke negligence, failure in public administration, or other reprehensible conduct of public officials.
This illustrates the role of father, conceded to the Sovereign vis-a-vis the people, who are the object of his constant solicitude.
It is interesting to note that verbal orders of the Sovereign are limited to minor matters concerning his own residence. There was no such thing as verbal orders of the Sovereign notarized and countersigned by the Imperial Secretariat and having executive force.
Person of the Sovereign
A sacred respect is due the person of the Sovereign. He is the mediator between the people and Heaven as he celebrates the national cult. Every three years he mounts the triple terrace of the Nam Giao (South Corner) esplanade and under a great blue tent prays to Heaven for the people. It is conceded that he enjoys the mandate of Heaven to rule the people so, long as he remains worthy thereof. (Numerous dynastic changes in the course of history prove that the mandate is not irrevocable.) Everyone recognizes it as fitting that the Sovereign should enjoy spectacular pomp and honor. He personifies the grandeur, glory, and prosperity of the Empire.
Royal Audiences
In addition to the periodic Court Assemblies there were other State audiences: at New Year's, on the National Anniversaries, on the King' birthday, the birthday of the Queen Mother, on the occasion of some extraordinary occurrence (for example, the accession to the Throne, proclamation of the Code, a, great victory, etc.). These gave occasion for the proclamation of Edicts, such as the proclamation of accession to the Throne, edicts of grace, etc. Such Edicts were prepared by the Court. The style was hieratic. Quotations from the ancient books and teaching and historical allusions were abundantly interspersed.
In preparing a proclamation of accession to the Throne the Court would take its inspiration from circumstances of the time and the personality of the Sovereign, if he were of age. In which case consultation with him was obligatory. The edict then reflected the ideas or tendencies of the new Sovereign. If he were a minor, the Court emphasized what it considered to be the promise of the new era. In the case of a new dynasty, obviously, the part played by the Sovereign was preponderant. He would under scope particularly the reasons impelling him to accept the Throne-decadence of morals, abuses on the part of preceding rulers, the will of the people—in short, the justification of his action in view of traditional norms. Even in the case of normal accession, his taking of the Throne was not looked upon as automatic.
Executive Power
The Sovereign, by his Red Dot or equivalent remark, approved proposed Edicts, Ordinances, etc., but it was the Court and the Ministers who gave notification for Executive action. The Sovereign could not directly notify an order to the provinces, the generals, or a government organism. Should the case occur, e.g., an appeal to the provinces for armed assistance, it was considered a coup d'etat, an attempt on the part of the Sovereign to act independently of the Court, with which he then would be in conflict. This would be against constitutional procedure. Should he fail in the attempt he is deposed.
State and Sovereign
It is to be noted that the word 'State' often occurs in public acts while the power of the Sovereign, when it is mentioned, is in general terms and accompanied by such expressions as, "holy, august, Son of Heaven," thus linking the role of the Sovereign to traditional norms.
Grand Council, Privy Council
There were other Councils in addition to those already mentioned. Emperor Gia Long in particular created the Grand Council (Cong Dong). It had its own seal. It deliberated on major affairs of state and appended its seal to the report its deliberations.
The Privy Council (Co Mat), created under Ming Mang, deliberated in secret session on matters of foreign affairs, military questions and internal security. Under the Emperor Tu Duc its status was greatly expanded and reinforced. It continued in vital functioning over a long period. In time it became a sort of 'inner circle', composed of certain Ministers and picked officials. Their office quarters were located near the imperial residence. The Emperor was kept informed of their work and ordinarily consulted with them.
Providing against Abuses
Ming Mang, despite his tendency towards personal authority, insisted on strengthening the authority of the Court Assembly. He made it a constitutional regulation that all affairs of grave importance be obligatorily submitted to the deliberations of the Court, assembled in special session (Dinh Nghi). This implied the conferring of special authority on the resolutions taken by these solemn assemblies. The Sovereign was morally obliged to give his sanction. Ming Mang also took the initiative in prescribing that the head of the Imperial Secretariat should be an official not higher than the third rank, saying in substance: "We are led to make this regulation by reason of the history of China, which shows examples of officials close to the Sovereign abusing their power. We will that it be scrupulously observed by our successors." Ming Mang also concerned himself with possible abuses on the part of the Sovereign's relatives. He abolished the title of "Empress" and for it substituted "First Spouse". "The history of China bears witness to the grave crises brought on by the Empresses and their relatives." He also decreed that collateral branches of the royal family might hold provincial office but that his own descendents might not.
Responsibility of Subordinates
Collegial action among the Ministers was the norm. The authority of the Minister was pre-dominant, yet the minutes of reports to the Throne, and the letters or instructions to various Councils, governmental organisms, or governors of provinces, must be initialed by the high collaborators who had taken part in their preparation. Should an Assistant decline to sign a report to the Throne, mention thereof must be made at the end of the report, and his reservations, or the reasons for his refusal to sign be stated. Provincial governments followed the same system. The Governor was the acknowledged head. He had one Assistant for civil affairs and general administration, one particularly for judicial matters, and a commander of the military garrison.
Nomination to Office
Royal approval was required for nomination to any position of authority, including the educational system. The nominee was notified immediately, the official documents following in due course. All imperial warrants or commissions begin with the words: "We, Emperor by the Mandate of Heaven, ordain that..."
Civil Precedence over Military
Civil rank of the same grade takes precedence over the military, indicating the predominance of the civil power. In Court Assemblies the civil corps sits to the left (the position of honor), the military to the right of the Throne. Apart from very minor local positions, access to public office is reserved to those who have successfully passed the national examinations and been granted degrees. Selection therefore is based primarily on ability and merit. It is observable from history that the majority of our statesmen and generals have come from the people.
Nobility
There are five titles of nobility, closely appoximating duke, marquis, count, viscount and baron. They are honorary titles only and do not involve fiefdom or territory. The State assigns a few acres of land in lieu of fiefdom. Titles diminish by one grade with each generation. A duke's son will be a marquis, etc. A title goes only to the eldest son and disappears after five generations. Nor does the title give any right to public office.
Privileges of Birth
Birth confers privileges of a very minor order only. Thus the son of a high dignitary will inherit an honorary title, provided he passes certain examinations. He thereby gains in seniority within his grade at the outset of his career. However, this does not help him to any office of authority, which is predicated on success in the national examinations. Graduates, risen the people, thus receive incontestable consideration over the sons of noble families who brilliantly pass the national examinations and are often given preference for the position of "attaché" to the privy Councilor to the Ministers. They become bearers of important documents or liaison officers between high organisms. They might even be appointed editors of delicate state documents, by reason of the' asset they enjoy from the traditions of their families, who are familiar with affairs of state.
Financial Status
Decency required that officials, even the highest, remain in a mediocre station financially. The reward of the descendant consisted in the renown of the ancestor, a moral advantage which he was expected to preserve and, if possible, enhance.
Retirement
There was no precise rule for retirement. Custom prescribed that high officials voluntarily ask for retirement on reaching the age of fifty, fifty-five or sixty. The first or second request was generally refused, die third accepted. Such officials became "elder statesmen".
Judiciary
Justice was administered by the District Heads (as courts of first instance) and by the Governor's two Assistants, one for civil and the other for criminal matters (as courts of appeal). These officials also exercised administrative functions in addition to judicial. For certain matters and, according to their jurisdiction, judgments rendered in courts of the first instance or appellate courts are executors. For most matters, judgments rendered in courts of first instance must be submitted to the higher jurisdiction for verification, approbation, rejection, or revision. For some matters, and for nearly all judgments in civil matters, the tribunal of the second degree must submit its judgments to the Ministers. In general this would be the Minister of Justice for criminal, the Minister of Finance for civil cases, and, in particular instances, other Ministers in matters relevant to their competence.
To avoid delay a time limit is fixed for preliminary inquiry and verdict, the time limit varying according to the importance of the matter and the complications of the case. A judge desiring more time must request an extension, giving his reasons therefore. Too frequent delays cause judges to be black-marked. Sanctions are provided for cases negligence, abuse or error. Appeals are received by the next higher jurisdiction. Certain judgments, e.g, those involving capital punishment or community-owned property, must be submitted for approval of the Sovereign. In the days of independence the Autumnal Assizes at times reviewed judgments comporting the death penalty. This procedure concurs with the traditional principles of respect for human life. Strictly speaking, any person could appeal a case, even to the Higher Tribunal (several organisms sitting as a Special Court,) or even to the Sovereign. However, the authors of groundless claims are liable to an increase of penalty.
Such a rigid system, designed to assure the greatest guarantee of justice, carried with it an exceedingly severe surveillance. It rendered the office of magistrate excessively onerous. However, in practice, it tended to lessen litigation. The magistrate had both administrative and judicial functions. His ideal was to bring about the 'reign of harmony' (poetic and literary language often ascribed the harp to his office as emblem.) As 'father and mother' of the people he must try by his sagacity and by wise, competent, and understanding conduct of his office to raise the moral tone of the people and to effect that crime become rare and misdemeanors less frequent. The system was a challenge and an invitation to induce harmony.
In case of murder or banditry the judge of the first instance must use all diligence in the preliminary inquiry to discover the culprits and render judgment. The higher jurisdiction lends all attention to such a case. In every case involving death the magistrate is obliged personally to appear on the scene of violence and proceed with the investigation. In case of suicide, inquiry must be made to establish if the motive be imputable to any oppression.
In cases of imprisonment awaiting trial, the time limit calls the attention of superior judges thereto. Hence follows notification on such as are delayed, with a request for explanation. This occurs especially if complaint is made, and may give rise to official inquiry on the judge's conduct.
Should a magistrate be inclined to abuse short pre-trial imprisonment as an expeditious means to dispose of light cases, or as a means of intimidation to accelerate the course of inquiry, it behooves him to think twice on the matter. Detention is considered a great dishonor. Stain attaches to the family as well as to the individual involved. In virtue of family solidarity and by acknowledged right the family can file protest in place of the detainee.
Arrest
Arrest must be made according to established formalities (judge's warrant, assistance from the notables of the village). 1
An individual who cannot write may have his deposition or complaint made out by one who can, who then must sign the document with him (the 'signature' of one who cannot write consists of finger outline). Magistrates prefer written declarations to oral interrogations. The interrogations of a person who cannot write must be made in the presence of a parent or near relative or the mayor of the village, or one or two notables of a neighboring locality. Such witnesses must co-sign the interrogation, to make it legal. If a literate person refuses to sign his interrogatory, a verbal process must be drawn up, signed by witnesses, e.g. village notables or other established person (the village head, for instance). A complaint of falsification change in the interrogation brings on an inquiry into the conduct of the magistrate and his assistants which may lead to degradation or even condemnation.
Filial Piety
Filial piety is held in high honor. It derives from the Confucian ethic of respect for elders and ancestors. It has special provision in the law, which suspends the normal rules of procedure. A father, theoretically, can cite his son for lack of filial piety and the judge will forth- with condemn him without further ado. An actual case has scarcely ever been known, if ever, but the provision is there. Such a father, in avowing his own failure to rear his offspring properly, dishonor himself by publishing the family's misfortune in having so unnatural a son. "Merciless father, unfilial son", a common adage would condemn him
The Study of the Law
Study of the Code and of the laws was widespread. It was incorporated into the examination program for the bachelor's degree. There was a common saying: "No knowledge is better than a knowledge of the Code."
Civil Law vs. Natural Law
In a country where the postulates of the natural law are deeply respected, civil law and legal dispositions have a relative value 2. Not too much weight is put upon the stark act in itself, although in a very literal sense proofs and testimonials are examined in every civil process and figure essentially and integrally in the expose of the facts. The judge bases himself on the law, but with constant reference to equity.
Every penal judgment comports an expose of the facts, declarations, depositions, magistrate's inquiry, examination of the proofs, statement of the case, citation from the Code and later laws, and the verdict. In his statement of the case, and before weighing the offense in the light of positive law the judge first recalls the moral norms, cites or rather alludes to the teachings of the sages, and then indicates their relevance to the case in hand. Positive law enters in as a complement of the moral. To persuade assent to the order willed by reason and by Heaven is to perform an act of high morality. This is the aim of the magistrate’s statement of the case, for he holds the scales between his hands. 3
When pronouncing the verdict, the judge justifies an indulgent sentence by some such statement as: "With a view to giving the condemned an opportunity to amend"; or, when he applies the full rigor of the law: "to make an example of"; "to satisfy public indignation..."; and, for cases of odious crime: "to halt a spreading evil... ".
The law must punish certain acts. It is necessary to assure the regular functioning of institutions. The threat of punishment and its application being of a nature to impede the committing or repeating these acts, the law can and ought to punish them, but only if that is conformable to justice and only within the limits of justice: not more than is necessary, not more than is just.
In public acts, Ordinances, annotations of the Sovereign, the concept of justice is frequently recalled to mind: "Justice—a contribution to the work of moral improvement"; "Punish so as not to have to punish further." In certain circumstances, when several' possible dispositions are envisaged: "The best fruit of the Code is to stifle evil designs in the heart."
Society in Action
Administrative acts (reports, instructions, decisions), disciplinary sanctions against functionaries, annotations of the Sovereign, royal ordinances, mutual cooperation between governmental organisms and the Sovereign, acts involving remission of imposts or taxes, amnesties, individual or collective requests, appeals for redress or reform made to the authorities or even to the Sovereign by the educated elements (on their own initiative or in response to the periodic invitation of the authorities, the Court, or even . the Sovereign himself), successive legal dispositions modifying the Code or previous dispositions and adapting the law to circumstances—all this obviously gives a fuller and more objective idea of the workings of Vietnamese society than a cold reading of the Code, weighed down as it is with technical, often abstruse, Chinese terms and archaic dispositions, or a dry reading " of the Annals.
Public Works
Administrative authorities were admonished to lend particular attention to the matter of obligatory service or voluntary contribution in money or labor for the erection or upkeep of public works outside the village area. (After notice or upon request of administrative authority, the village takes responsibility for its own personnel.) It is always required that the District Head submit any such projects to the provincial authorities. In matters of greater importance the provincial authorities in turn must refer to the Ministers. On the administrative acts there will appear some such expression as: "Matter relating to contribution in money or labor on the part of the population." A prior condition is the desire on the part of the people for the proposed project, or at least their assent to the utility of the works contemplated.
Expropriation of property, private or communal, is indemnified by the State.
Woman's Status
The woman's role is far from negligible. The law prescribes that inheritance goes in equal parts to all the children, girls as well as boys, though in practice the boys are favored by receiving immovable goods, the girls jewels and liquid cash. It is recognized that a will may dispose of part of the inheritance to assure the cult of ancestors (upkeep of the temple, care of the graves, expenses of the annual ceremonies), assigning this to the care of the eldest son. A widow may retain an inheritance or divide it after consultation with her grown-up children, or if the children are minors, with the brothers of her deceased husband, retaining a share for her own support. In marriage, in practice there is community of goods. In all acts relating to the acquisition, alienation, rental of property, and to loans, the wife shares title with the husband. The mother is queen of the home. Often she controls the purse. She is responsible for the education of her daughters. The husband's sphere of interest is the 'forum'.
Public Assistance
Generally speaking, the family or the village is responsible for its own sick, handicapped, old or infirm. In ancient times the State created institutions for the care of such cases if they bad no family to be responsible for them. Vagabonds without family are committed to the charge of the village. 'Difficult' cases who do not get along with their family are brought back and turned over to the family or the village.
Village Autonomy
An element of equilibrium in the institutions of the country, much remarked by foreign authors, is Vietnam's village or community autonomy. All villages honor their founders. Villages retain their local customs, as recorded in their founding documents, without prejudice to a deep national and cultural unity. Such customs come to light in appeals to moral observances, feasts, common anniversaries, individual labor or cooperation expected in times of danger—a break in the dykes, fire—with sanctions in case of failure to respond, mutual assistance, commemorations of community benefactors whose names are inscribed in the founding documents, arbitration of disputes, sanctions for contravening established regulations, etc., etc. These customs do not contradict the laws of the country and do not prevail against them (the Code provides punishment for abuses by community authorities).
The common saying: "The King's law does not override village custom," is simply small town boastfulness, indicating local pride in their own way of doing things, and not made in a spirit of contempt for royal authority. Persons honored for services to the State have rank of precedence in the village and are highly esteemed by the inhabitants. Every inhabitant owes service to the State. The village makes an annual declaration of the names and the number of its adult able-bodied inhabitants. It is to the village that the State addresses itself when requisitioning its quota of military recruits. It is to the mayor of the village that the Administration sends its official acts. The mayor's seal is conferred by the Administration. The mayor, however, is above all the representative of the village and the spokesman of its rights. The choice of mayor is made by the village, with sanction given by the Administration. For community affairs the mayor plays rather the role of executive agent of the deliberations of the ancients, the notables, the representatives of the inhabitants (this apart and distinct from his proper competence, which is to draw up attestations and certifications. Sale of property between individuals, for example, is certified by the mayor, who stamps the document with his official seal).
The mayor and the village notables receive no pay.
Community Land
Community land already under cultivation is inalienable. Any proposed change must be sanctioned by the Sovereign. The use of community land or important revenue thereof requires the general consent of the inhabitants.
A particular institution in Vietnam, much remarked by outsiders, is the re-division of community land every three years, in equal lots, among all the inhabitants, with an area reserved for community expenses (including education, award to outstanding students, recognition of particularly meritorious examples of filial piety or other virtues). Widows, old men, the infirm, are assigned lots of lesser importance. In this way the able-bodied, upon whom falls the weight of taxes and service to the State, are able to group their lots and rent them out in common to pay their taxes and cover their services. In many cases there still remains something for personal cultivation and income. This institution exists nearly everywhere in the country. In many villages the land under common cultivation since early times is much more important than privately owned property. In the South, which developed in more recent centuries, consequent on official encouragement to individuals who are willing and able to open new areas, it was prescribed under Ming Mang that at least one tenth of the land already privately owned revert to community ownership.
Founding Villages
A Vietnamese dream is to become the founder of a village. This requires money and followers to join in the venture, if official sanction is to be obtained. This in turn implies moral authority and qualities of leadership on the founder's part. The pioneer 4 aims to bring a new area under cultivation to the profit of a future community, which community, he hopes, will be officially erected into a village after bringing a minimum number of inhabitants settled in residence. If he succeeds, the founder's name will be held in perpetual memory, the State will accord him honor while alive and grant him honorary title after his death. The register containing data on the origin of the village, the signature of the founder authorization of the Government, etc., is preserved as a precious relic by the village. It is the Liberty Bell of the village. The notable who guards it is held in higher esteem than the mayor. A copy is deposited in a special section of the Government's Pavilion of the Archives in the Capital City.
Private initiative encouraged by the State has thus been responsible for wide open spaces under cultivation, contributing to the settlement of the country and its progress. The system called for qualities of initiative, a communal sense, ability to organize, mutual assistance, discipline, recognition of merit, self-policing and defense against robbers and brigands. From this arises the sense of village personality, tracing its foundation to its own efforts, and owing its identity to no one else. The custom has also contributed to the homogeneity and binding of the country.
Education
Education in Vietnam is based on the humanistic teachings of Confucius. Great schools were established in the Capital and in the larger centers. Each province had its central educational establishment, as did each district. Scholars of renown were much sought after as masters. State sanction was given by public examinations held in preparation for the triennial concourses in the Capital, at which bachelor diplomas (two degrees) and the doctorate were awarded. In general the system of education was that of private schools supported by the family, with examinations held under public supervision and degrees awarded by public authority. For the lower grades certificates were issued by the district or provincial centers. Stress was laid on different studies in different localities. Some, as in the capital, tended to stress politics and administration, others rhetoric or poetry, still others philosophy (cf. the study of the I ching in the region between north and center). The national examinations took these tendencies into account and were more exacting in the favorite branches of the region. The choice of examiners was a delicate job. Unpopular choice might result in agitation, pamphleteering, or even boycott. Politicians had a healthy respect for student opinion. Opposition on the part of the student class and educated opinion often led to the removal of Ministers, the fall of Cabinets, or even revolution.
In 1920 the French authorities objected to the traditional educational system and abolished the national examination. They had already subjected it to modification previously.
Public Opinion
Periodically the Sovereign or the various government departments would ask the inhabitants of the country, without distinction, to make recommendations on public affairs. Sometimes, even without invitation, it was done by capable and energetic individuals. Recognized scholars, even though not holding public office, were accepted as confreres by government officials and were consulted on public matters.
Needed Modern Renovation
That the traditional institutions in this and other matters were not perfect the people freely recognized. A well known adage points up their relative skepticism: "Rare indeed it is to have an enlightened Sovereign and a, capable Minister at the same time." The Sovereign was expected to provide leadership in collaboration with the Court, which rose from the people by way of the national examinations and was considered to represent the elite of public opinion. The Court, however, is at the same time an organized opinion and a body of hierarchic functionaries. Admittedly the Sovereign recognized that his conduct was subject to judgment according to the opinion of the people. Should the Court, however, oppose the will of the Sovereign and find itself meeting a resolute attitude, the result is conflict. Harmon, would be in jeopardy also if the Sovereign sided with one faction of the Court. Likewise, if some strong personality or powerful Court faction were to impose its will upon the Sovereign. There is also the matter of over-long tenure of office. How to secure governmental stability and make use of experience while avoiding the disadvantages of over-long tenure were not unknown (for example, in ancient times. even Sovereigns resigned, to become advisers to their successors)
It may be that heretofore conditions did not favor a more representative form of government, one that would more faithfully and more rapidly reflect the aspirations and opinions of the moment, even had such form been contemplated. (The ancient books speak of the first sovereigns of China acceding to the supreme function by selection and not by birth, and teach that this is the best form of government.) Under present world conditions the adoption of modern democratic institutions of government appears mandatory.
The revolutionary heroes who, under the French occupation, made themselves émigrés in order to fight for independence saw this clearly enough. While continuing to fight French oppression, they became convinced of the need to introduce modern reforms after the pattern of what they saw agitated for or applied in China and Japan, and incorporated them in their programs.
A further influence tending to give weight to this view was the necessity the Vietnam Government felt under the French Protectorate to win and keep the people's support in the fight to defend the country's rights.
We recall the dramatic scene preceding the signing of the French-Vietnamese Convention of November 6, 1925. Bao Dai, then a child, was about to succeed his father on the Throne. He was also destined to continue his studies in France. The French came up with the idea that the first function of the Sovereign was of
a ritual order and that during the King's minority the French Representative wou1d sign decrees having the validity of royal ordinances. The Vietnamese president of the Council of Ministers, Nguyen Huu Bai, rejected the proposal as a displacement of the national sovereignty. In the absence of the Sovereign, said he, the rights of sovereignty devolve upon the people. Therefore it would be requisite that the then functioning consultative Assembly become a chamber of representatives having deliberative power. To French opposition he replied that their demands rendered the fulfillment of his office of chief of government utterly impossible. In the end a compromise was agreed upon, according to which all important affairs were to require the opinion of the consultative Assembly (to be denominated a chamber of representatives) and that all measures before becoming executory were to be deliberated upon by the Council of Ministers and were to require the agreement of the Council. The Council thus would hold the ultimate power of decision.
In 1933 the French promoted a new 'reform'. The Council of Ministers was no longer to be a collective organism representing the Government of Vietnam vis-a-vis the French, but was to become a sort of joint committee presided over by the French Representative, with individual voting in which the French chairman would also take part. Ironically enough, this was supposed to promote the idea that the Sovereign holds personal authority. The French Representative moreover was to render public acts executory. He thus became in fact the head of Government and the head of State.
The author of this article, then Minister of the Interior, protested against this destruction of institutions as being in effect the termination of national sovereignty. He held out for a chamber of representatives having deliberative power. French refusal even to discuss this proposal determined him to resign. He had already fought with success against the incipient communist movement and .saw the danger of such emasculation of the country's sovereignty, as well as the necessity for democratic reforms.
Vietnam has a right to independence. Through long centuries she has shown the will to live, has surmounted severe crises, and has demonstrated as much political maturity as her neighbors who in fact enjoy real independence. She ought not to be entrammelled in a French 'union' or 'association' that renders the functioning of government more arduous than it is in completely free countries. On the other hand, the British Commonwealth, for example, while maintaining certain definite ties on the basis of complete equality, eliminates centralized control. It respects the personality proper to each of its members. It permits moreover the free play of democratic institutions in conformity with the Charter of the United Nations, which itself recommends the promotion of democratic institutions.
The Future of Democracy in Vietnam
To promote true democracy in Vietnam we must enhance the idea of the human dignity, and reject those false ideologies which would bring us to agnosticism, indifferentism and ultimately nihilism. Certain educated elements have already allowed themselves, perhaps unwittingly, to be impregnated with these false ideas. Alert to defend the notion of the value and dignity of the human person, we must promote the idea of the common good, and acknowledge the supreme authority of a personal God:
In education the Government should encourage the founding, of free universities in various parts of the country, free to adapt themselves to the intellectual needs and artistic tendencies of each local area.
We should seek neighborly collaboration with other countries in sharing a common culture and in solving common problems. Asiatic countries have a profound sense of the appreciation of the spiritual value. By such meeting of minds, wills and deeds, we should be able to contribute to and gain from the maintenance of the security indispensable to the existence of democracy. By such meeting we would also have opportunities to deepen the appreciation of the value of other civilizations as well as the work of our own traditional culture.
* Originally written in French before the author's assumption of the Vietnamese Premiership.
1. Under the French occupation the authorities took over indirect taxes, particularly the tax on alcohol, and gave to certain French companies for a considerable time a monopoly over the manufacture of alcohol. Cases of illegal distillation or sale of alcohol were tried in French courts. Arrests, however, made by French tax officials in virtue of their quality of 'sworn agents', i.e. on their individual sworn warrants, aroused such opposition from people, who considered this contrary to their traditional guarantee of justice, that the French were forced to agree not to make arrests except in the presence of village authorities as witnesses.
2. The sovereigns in their annotations recall that justice in its essence, is designed for the observation of the natural law, already found in the heart of man, and that this principle transcends juridical considerations. As occasion arises to modify or adapt a law the sovereigns insist that laws vary with time and place.
3. The same principle holds in politic. The State does not attempt to arrogate to itself an absolute value. Politics do not outweigh morality in the order of importance and dignity. Moral development remains the end of all rational activity; politics is only a means.
4. The predominant aim of the pioneer was the establishment of a new community for the honor it brought, rather than the opening of new country for personal gain. We speak especially of the period since Gia Long. For the South, where population was sparse and land was fertile, individuals sought to better themselves, without much thought of new communities. Taxes on newly opened land were very light at first. In general, taxes on community-owned land are higher than those on private land. They are easier to collect and the weight bears less heavily on the individual.
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An Impressive Record
"During the 25-year period between 1925 and 1950, the Soviet Union has violated 9 non-aggression pacts, 11 alliances, 3 protocols, and other agreements committing the Soviet Union to a position against war, and one neutrality pact."—Senator William F. Knowland