The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-28
The Questions of Compulsory Tariffs and
Consular Jurisdiction.
Views OF the NikadOs Government and the
Foreign Diplomats.
An Imperial Commission Extraordinary
Plans Of the Toxic Ministry
Vital Questions for the Asiatic People and the
Outside Populations
TOXIC, May %. 1875.


1t is commonly understood, in diplomatic cir
cles, that the principal cause OF NJ Berthemy's
recent departure from Japan was his conviction
that the important question OF treaty revision. IN
which ne felt CHIEFLY interested, had been in
definitely deferred Dy the Japanese government.
II this be really the there Is reason TO believe
that the action OF the French Minister was some.
what premature, Notwithstanding the fact that
his opinion Is still shared by most of his colleagues.
At no previous time have the preparations for
revision, on the Japanese side been 50 active as
at present. But for tho grave considerations or
internal policy that have absorbed the attention
OF the government Tor the past four months the
subject would have been already brought up for
discussion IL possible that the organization OF
the new departments just created and the recon-
structon or the higher branches Of the admins
tration may still further delay the introduction
or this topic. hut the purpose now ia to give 1t
speedy attention, and TO announce the readiness
OF Japan to declare Aer own views and TO listen
to those or the representatives OF the various
countries concerned.
A DIPLOMATIC RETROSPECT.
Many years have passed since the time origi.
nallg named for this formal revision. When the
first treaties were signed in 1855, IL was stipulated
that either party might ask for alterations and
amendments at the expiration or ten years. But the
year 1868 found japan in TIL midst OF a revolution
and the new government or the Mikado declared
themselves unwilling, at the outset OF their official
career, 20 grasp so serious question. Since that
date there has been sufficient reason for repeated
postponsments. 1t mas been the fashion TO throw
ali the responsibility OF the successive delays upon
Japan and to accuse her Of tnterposlng needless
obstacles to the accomplishment OF the work. 1t
WIN be easy TO show that these charges are entirely
Hitnout foundation. or late years the Japanese
~
proposals from the foreign Ministers bearing upon
this subject, but have not considered themselves
IN a position to take an initiative In opening
negotiations. The nearest approach toward an
exception TO this rule was during the visit or the
Ambassador Iwakura TO Washington, In 1872, when
several conferences were held and the draft OF
a new treaty was actually drawn up but It's
execution WAS not authorized by the home gov
ernment In respect to suggestions from the
Western Minister'S the japanese affirm that, from
their point OF view, these never have been reason
able; that the ENJOYS have always insisted upon
an enormous increase OF the advantages ana
privileges ALREADY secured to their respective
nations, without being wiling to o1er the slight
est concession IN return. More than this, they
have reused 20 listen 10 the demand that certain
sovereign RI hts OF the exercise Of which Japan
was deprived an 1858, should be In any degree re-
stored. And 20 this plain statement not q word
or denial can DO honestly given. Ii Is perfectly
true that since 1868 Japan mas been incapable or
asserting powers which every really independent
nation enjoys. IL Is equally true that the Western
representatives have as rule been resolute in
their determination That sne SHAH not regain
them. Not one of their suggestions for revision
hls ever contained provision that the oppressive
conditions OF old treaties should be abrogased
Toey have all been clamorous Tor extensions OF
their own benefits, and needless or hints that
future negotiations must be conducted upon de.
cent basis OF equality. Under these circumstances
the Japanese nave naturally preferred to wait. Tae
present state or affairs obnoxious 1t Is TO them
Is Infinitely better than that which would be
forced upon them II they yielded 10 the unfair pres
sure 70 which they have been persistently sub
iected. They did yield once, ana the experience
was not OF kind 70 encourage them In hastily
trusting 70 the generosity or even the justice, OF
the diplomatic corps An agreement for tarin re-
vision ln 1865 taken advantage or TO enforce
serious reduction of duties, which was totally op-
posed to their wishes and in teress, their natural
plea that "reytslonn meant proper cons idera-
ton or the requirements OF both parties being cast
ASIDE without notice. IN the minds OF the ENJOYS
revision meant alterations solely for their own
welfare, and nothing else. And that is stll their
view OF II, Tor which reason the Japanese nave
found IL Indispensable to be perpetually on their
guard.
QUESTIONS or TARIFF Law ASD CONSULAR JURIs-
DTCTION
The two provisions or the existing treaties 10
which they most enormously object are those
which bind them 90 q liked ana unalterable
tarin OF customs duties and TO recognition or
the principle OF exterritoral jurisdiction. It H.
not denlen that, at the time Of the 6rst conyen-
ZION with the western Powers, there we're argu-
ments 10 favor Of these conditions But, by tae
trainers OF the Instruments, they we're looked
uFon merely as temporary expedients, 90 serve
desirable purpose Tor = specified time and then
TO b set aside forever. IL Is necessary for native
a. well for foreign interests that some definite
regulations for trade should be established before
the actual commencement OF commercial inter-
course and, as the japanese were totally without
experience in such matters, they applied TO Mr..
Harris, the representative OF the United states,
Tor counsel and assistance. That gentleman,
whose whole career IN Japan was distinguished
b. a sense or impartial justice and a strict In
tegrIty which have kept his name In honorable
remembrance TO this day, and which established
a ne between the two countries that the accumu-
lated errors OF his successors have not been able
to entirely sever, supplied them with wnat nc
considered 70 be the requisite Information;
but Ne DID 30 with the distinct understanding that
they we're 70 Dc guided by It for only limited
period. The tarin was, 10 fact, drawn up BY him
ard was anixed to the treaty FOR mutual con
yenionce. II was never supposed tnat either
party 10 tnc contract was TO be bound BY it
beyond 4 certain specified time. MI. Harris, In
deed, ala not fail 10 assure the japanese that ne
expected them 70 take control OF this matter after
the expiration Of ten years at the furthest His
own words, written recently as March, 1875,
EXHIBIT his views upon this point In the cearest
possible nghts--
The nrin appended to the Treaty OF Jeddo 1859
mai entirely BY Not Of It's provisions was the
saJfct q discussol, nor were any amendments % u
offered W the Japanese Commissioners. lhis unpre-
cedened proceeding from the necessities growing
o0t 0 TIC Ignorance OF the japanese Ola tar1 81 duties
% imports aud the In which customs should
te collected they frankly avowed their want u knowi-
e1Re ~ tHe matter and placed themselves IN nv
hanls, feiyng, A. they said, on my doing them
Jufuce ny OBJECT course have some
extsun4 regulations for trade before the ports were
opened seeing clearly that complications
fnght arise unless the dutes on imports wore settled Be
tore the fade began ~ liking the rates d duties 90
siren % me one hand 10 give such revenue ns would
suhai&nt silly Japanese benefts OF foreign