The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-10-02
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TROUBLE IN JAPAN

The last mails from Japan bring accounts
of a fermentation among the japanese on
the: subject of. eXtraterTitoriai jurisdiction.
1t is pretty generally known that when the
a;existing treaties between Japan and the
Christian nations were concluded it was in
sisted by the latter that subjects Of Christian
powers should not be tried for crimes by
Japanese courts, but should he subject only
to the jurisdiction of the consuls of their
own nation.@ The japanese yielded the
point under coercion as a temporary ar
Tangement. When the treaties expired some
twenty years ago Japan demanded that for
aasfim eXtraterritorial jurisdiction should
cease so far as that empire was concerned !;
: but the: European powers, under the lead OF
Great Britain, evaded the subject by finding
..pTetexts for refusing to modify the treaties.
The United States alone concluded new
treaty with:Japan, recognizing the absolute
sovereignty of the empire, which carried
with it the right of exclusive criminal and
civil jurisdiction.
When the United States gave this proof of
their Willingness to deal with Japan on
footing of equality, the European powers
for shame,s sake could not refuse to do
someth ing to meet the views of Japan, and
they accordingly agreed that if Japan would
adopt code in harmony with modern prin-
ciples of equity and civilization they would
modify the treaties and relinquish extra
territorial Jurisdiction. Several eminent
jurisconsults were accordingly charged with
the duty of framing code; they collected
the criminal codes OF the leading Christian
nations, and evolved out of the whole sys-
TEN of criminal law which is said to be just
and enlightened. This left the Europeans
no loophole of escape. But the English
were not willing to surrender. They took
exception to certain articles of the new code,
and still refused TO modify the treaties. So
matters stood when the new Constitution
went into effect
: The first result Of that political revolution
was to develop in japan new feeling of
independence and strong sense OF resent
ment at the condition of pupiIage in which
the empire was held by its allies. Members
of the japanese Parliament and persons
high IN the Emperors councils demanded for
the empire as absolute a sovereignty within
its own dominions as is exercised by other
independent powers. They insisted that
japan has as good right as Great Britain
or Germany to try criminals and to levy
duties son imports. These views were ex-
pressed SO loudly and SO hotly that they
presently stamped themselves on the popu-
lar mind, and the consequence is an agita-
ton against foreigners in general and the
English in particular, which may lead TO
serious trouble before it is allayed.
The ground on which foreigners have JUS
tilted: their claim 10 eXtraterritorial jurisdic-
tion Is the barbarism OF the Oriental codes
Of laws. A criminal SYSTEM which author
ICES torture, which depiiyes the accused Of
all protection fer life or liberty. and which
inficts cruel aud unusual puuishments is
naturally revolving to tie civilized mind,
and one can easily understand how foreign
powers insisted that their subjects should
not be tried under such system. But when
the new japanese code was framed and its
general spirit was found to accord with that
of Christian codes, there was no longer any
excuse for stripping Japan of SO essential an
attribute of sovereignty as jurisdiction over