The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-03-10
THE WRONG OK GoRED.

The case of Cover Robinson in Japan is
likely to open the eyes of the English to the
folly Of their policy toward the Mikado's
empire. Robinson was an English banker
at Yokohama who, according to the story,
became unduly intimate with the wife of
Lieutenant Hethcrington OF the United
States steamer Marion, and was shot by
the husband. as frequently happens in such
cases. 1t was repetition under an Orien-
tai sky of the Deacon Abelle case in France.
But whereas Mr.. Deacon was promptly
seized by the French officers Of the law, the
japanese officers did not dare to lay hands
on Hetherington, because under the ancient
treaty of 1854, Christian nations claim eX-
traterritorial jurisdiction in Japan. He
was merely remltted to the custody of the
United States Consul. by whom, from pres
ent appearances, he bids fair to be tried for
his act
After Commodore Perry forcibly Opened
Japan TO commerce. nearly forty years ago,
a treaty was concluded between Japan and
the nations of Christendom by which the
former bound itself not TO levy import
duties higher than 5 per cent-the Ameri-
can representative thought it should be 20
per cent but the Englishman held that 5
per cent was enough to levy on Manchester
cottons and Birmingham hardware-and
likewise to renounce all civil or criminal
jurisdiction over subjects of Christian kings
or citizens of Christian nations. The treaty
was TO endure for fourteen years, or until
it was abrogated. When it expired Japan
asked the Christian powers for leave to
make its own tariffs and TO try its OWN
criminals. Judge Bingham. representing
the United States, Endorsed its request as
"a Ia md inf cit &c
brother diplomats to get them to grant it.
But under tie lead of England, they re-
fused, and from that time to this they have
continued TO refuse in spite of urgent ap-
peals from the United States to deal fairly
with the newcomer into the family Of
civilized nations.
In 1852 Japan adopted new criminal
code. 1t was drafted by French lawyer
of eminence. II. Bolssonade. on the lines of
the Code Napoleon. and il commanded the
approval of all foreigners who examined its
provisions. 1t went into force without
friction and has ever since been faithfully
administered. There is probably no coun-
Try in the world in which criminal justice is
more faithfully carried out than in Japan.
But the English have never been willing to
let British subjects be tried by Japanese
courts. and as they constitute a majority of
the foreign residents of Japan other foreign
powers have been compelled to follow their
lead. The United States has always been
willing that Americans accused of crime in
Japan should be tried By the native courts,
but as long as Englishmen refused to
acknowledge the ity of those courts
our cOuntrymen were compelled, in self-de-
fense, TO insist on the same privilege of
being tried by their own Consul and by 40
one else.
Now comes case in which ali Englishman
has been killed by an American. AS usually
happens in small colonies feeling runs high.
All the Americans justify Hetherington.
All the English call him murderer and de-
mand his life. Under the rule Of practice
upon which the English have insisted for
all these years. the only court which eau try
Hetheringt0n is composed of the American
Consul and jury of American citizens.
The British residents of Yokohama say that
in the present inflamed state Of interna-
tioDal feeling impartiality could not be ex-
pected from such court, and that trial
before it would be a farce. They are very
angry. 1t Is the British OK that is gored
this time.
1t VIII rest with the President to decide
whether there are any features in this case
which call for departure from the prevail
ing practice. Ten years ago man named
ONeil. an American, was found guilty of
manslaughter by Consular court at Yoko-
hama, but President Arthur was not salts
fed with the procedure and pardoned him.
Mr.. Harrison may possibly follow the prece-
dent. 1t is an awkward thing to empower
mere commercial officer like Consul to
try man for his life. The newspapers
have discovered that an appeal would lie
from Consular sentence to the Minister at
Toxic, and from him to the United States
court at San Francisco. One is curious to
see the law upon which this opinion is
based. Under the treaty with Japan It
seems clear enough that the Consul has
final jurisdiction of the case; that if he
acquits HetheriEgton thelatter cannot again
be held TO answer for his act and that if he
finds him guilty he will have to surrender
him to the captain of an American mar Of
war for such action as be may see fit to
take in the premises.