The morning call., 1892-08-04
A BLOW TO CONSULAR JURISDIC'
TION.

Well-informed readers are aware of the
anomalous position which Japan occupies
in the family of nations In the year 1888
the preliminary conventions OF 1854 were
revised and treaties of amity and commerce
were concluded between Japan and eighteen
foreign powers. BY these treaties Japan
opened certain ports OF the empire to for
eignerS, and agreed that the latter should
not be subject to the native courts, but that
civil and criminal cases in which they were
involved should be tried by the Consul of
the nation of which the foreigners were
members. She likewise agreed 20 adopt
tariff of duties on imports dictated by Great
Britain, and c0venanted that il could not
be altered without the assent of the treaty
powers These treaties expired by limita-
ton in 1872, and Japan then proposed to
modify her former relations by resumlng
her natural jurisdiction over crimes COM
mitted within her borders and by adjusting
the tariff to the necessities of her treasury.
OF the eighteen treaty powers only one-the
United States-eXpreSsed q willingness to
concede Japan's demands Speaking for
the other seventeen, Great Britain al first
refused altogether TO amend the treaties,
and then. abandoning this ground as unten-
able. agreed to hold an international con-
gress TO frame new general treaty. The
congress met and held many sessions with
intermediate adjonrnments, consuming sew
eral years, but finally the foreign powers
promised to abandon their claim to eXter-
ritOrial jurisdiction if Japan adopted
criminal code which was In harmony with
the codes of enlightened Christian nations.
The MikadO forthwith appointed COM
mission of jursconsults, who framed code
h. IS o.
Napoleon and the German codes. 1t went
into effect some three or four years ago.
Still England refused to abandon the treaty
of 1858, and other European powers fol-
lowed her lead. The United States alone
stood ever ready to ackn owledge the COM
plete sovereignty of Japan. but it could
not act without the concurrence of the other
foreign powers.
The ungenerOus behavior Of the Euro
pean nations toward Japan, coupled with
the friction caused 10y the missionaries, have
created bitter feeling among the japanese
toward all foreigners, and outbreaks have
more than once been feared. An accident
DOW seems to foreshadow possible solu-
ton of the difficulty. Some months ago.
from reasons Of economy. Portugal abolished
the Office of Portuguese Consul General in
Japan. This was the official who tries
cases to which Portuguese subjects in
Japan were parties. After waiting reason
able time for the appointment Of his sue
cessor. the Mikado's Government notified
Portugal that if no Consul Geueral were
appointed by July l. il would hold that the
eXterritOTial clauses of the treaty had
lapsed, and it would exercise jurisdiction
over Portuguese as over its own subjects.
No action being taken by Portugal. ou July
% the MikaGO issued q proclamation de-
claring that benceforth Portuguese would
be tried by the Japanese courts, and that so
far as Ttugal was concerned, consular
jurisdiction was at an end.
The importance of the proclamation arises
from its obvious applicability to other ma
tons besides Portugal. 1t is in fact an
assertion by japan of its full rights Of
sovereignty over residents of the empire,
whatever their nationality, and is modifi-
cation of the treaty Of 1853 by one of the
parties thereto. without the assent of the
other parties II now remains to be seen
whether Great Britain, which has always
taken the lead in opposing Japan, will as.
sent to this new departure. and, if it does
not, what steps il will take TO assert the
Quas-soyereigntY over the empire which it
proclaimed Al years ago.
England's reluctance TO assent TO q modi-
fcation of the oil treaty has been chiefly
inspired by dread lest the japanese should
raise their import duties for the sake of
fortifying their revenue. BY the treaty of
1858 japan agreed not 10 levy duty to ex-
ceed Der cent on the bulk of the goods
imported from Great Britain, and as about
one-third of Japan's foreign imports come
from England. the latter power is interested
IN preventing an increase in the duty. But
the Gladstone administration will begin its
career cGriously if it threatens Japan with
hostilities for exercising a right which is of
the essence of Independent sovereignty.
The position OF the United States on the
proper course for foreign powers to pursue
has never varied in the past twenty years
We have always held that Japan was a
sovereign power, and that as such 1t had
exclusive jurisdiction over crimes committed
within its territory. and an exclusive author
ity TO frame its own tariff. Sooner or later
the European powers will have to come to
this ground But it will be interesting TO
observe how long it takes them TO follow
our example.