New-York tribune., 1893-12-24
,te abuse was held to be the most appropriate


and salutary process Of dealing with the Gov.
eminent Of Japan. but which, fortunately for all
concerned, IL rarely employed in these Gays
Whether 1t was or was not instruten'a al N shap
ing the opinion of the court 1t would be diihcult
to say. What is known Is that the preslding
Judge delivered decision which not only totally
reversed the decree Of the Yokohama tribunal,
but set at naught the convictions OF every IN
telligent Japanese citizen on vital point OF ma.
tional integrity. He asserted that the place OF
collision undoubtedly upon the highway OK
nations" and on a spot which must be con-
sdered as the high seas" BY these ana other
similar declarations he committed the supreme
Court Of Great Britain in the East to formal
denial Of the EmperOr's jurisdiction over MS own
waters and caused II to be proclaimed that all
countries were entitled 10 regard the Inland sea
as open to their free and unrestricted navigation
He went so far indeed. as To assert that tnis
right of common usage had been admitted by
the Government. and therefore heid that s .ne
laws Of japan were not applicable to the SUIT
before him. For this reason he reversed the
Judgment Of the British Court In Yokohama,
and granted the =. and o. Company the desired
privilege OF bringing counterclaim.
II need scarcely be said that the astonshment
and Indignation with which this decision was
received in Japan would never have been oc-
casioned by the circumstances OF the COLLISION
alone That occurrence and It's surroundngs
were momcntarily lost sight OF IN presence OK
the more mOmentous issue Whlcn suddenly pe-
came prominent. The wish TO secure pecurary
compensation for however great maIerial M
jury could bear no comparison with the Impulse
to resist judgment which was equiVaient 10 q
national affrOnt and challerge or the Imperial
nrerogatiye II may safely be assumed that the
possibility Of such challenge hai no. occurred
10 the japanese II the Shanghai court mad an
nounced that the Inland Sea belonged exclu-
siyely 10 the Queen Of England. or that no laws
but those OF Great Britaih c1uIu ?, ~ aoza,,ot ~
could not have been greater. Tnat the ihcloseo
waters Of the Empire are nationai properly oo.n
the Government and the people MAINTAIN ~
be an incontrovertbc fact. definitely estaDhsned
by the rules of international law as laid down
by all recognized authorities, including t,iose 81
"
rounded by japanese territory and u connecteo
with the outer ocean only by straits Whlch are are
50 narrow as 10 be commanded by artiiery. lts
geographical position is precisely analogous 70
that Of the Sea OF Marmora, which is acknowi.
edged by ali Europe to be under the sole controi
Of Turkey. Singularly enough the example OF
the Sea 0f Marrnora was not referred to in the
trial either by counsel or judge, though the lat-
ter saw fit to bring in the British Channel as an
appropriate Illustration. and T. state that ne
failed to see any distinction between the pas,
sage Of a ship through that thoroughfare ana
through the Inland SEA WIEN the Dreaash ,hs c,r OK
c;Irnstance that /; divides TWO separate nations.
il Is not to be wondered at that the attempt 70
Nl:en it 70 body OF water lyihB "lIn "lInlh , tle
shores Of a single country. and accessloie only
through contra ted straits was decfied az pre-
posterous by the japanese. For the ahesdton
that the privilege Of free navigation hau peen peer.
admitted" by the Government no evidence car.
anywhere be found. The most that can y tiuIy
be asserted s that on one occasion foreign shlpss
Of war made their way by force lnto tne iildlu
caa and that the Government Of the Tycoon,
harassei and distracted BY civil strife, and
wholly incapable Of resistance. was constrained
10 nav what vas :erDed an ''ind"" My 10 lle
Western nations concerned for the money eN-
PENDED In their aggressive operation. But tne,e
are few impartial historians who at this day 90
not agree that the forcing Of the straits was an
act OF unwarranted invasion. The japanese
have always said that a great wrong was dohc
them. and the Government OF the tnlen S'a,es
has admitted the justice Of their claim Zen
vear re ago an apc logy was rendered from Wash~
ingtOn. and the principal OK the so-CdI.su III
demnity" was sent back 10 Japan. Inis ac-
Acknowledgement II error, II Is wen unuers'ovu,
wound nsVe~ have bceh conceded but for the
full recognition by American authorities or
Iapana right of jurisdiction over the inIahu Sea &
such recognition was an indispensable prehm-
mary 10 the restitution; and II may be recordeu
that the acceptance Of evidence on TINS polnt,
when submitted to Congress. was the mrs. SEP
in the series Of proceedings when terminated IN
the Transmission OF the restored fund 10 the
rulers Of Japan. ,
attended the endeavors II foreign officials 70
impose their arbitrary will upon this country,
II has latterly been demonstrated that the period
OF unressting submission has gone Dy IoteNeI.
The fiat OF European state, no matte. now
powerful Is no longer accepted as conclusive.
nor are the convictions or THIS country OH any
subject OF national Importance held IN uinu re.
serve II cannot for a moment be supposed tnat
the objectionable propositions OF tne SHdhsha'
Judge will be suffered 70 pass withou, re''o ,,,,
s,rance. nor that the japanese s,erad
fail 70 avail itself Of the opportunity no" o,ie 49,
of asserting complete authority ana cohuot oNg,
the Inland Sea Precisely what measures WI.
be alopted IL would be unwise 70 preoict' pus
tho business IS in trained and skilful hahds anu
will undoubtedly be conducted WIN pruue,ce, a,S
J,rrttv II f. not conceivable that any lack or
unonirnity will weaken the position taken DE 'ie
Ir,narial councillors, and the present liniS'.I
Of Foreign Affairs. Mr. Mutsu Munemitsu, ~
whom all the proceedings VIII necessaIllS oan uS az
trusted Is a man whose past experience tNOeP,
tionallv qualities him 10 deal with an aHalT oI
this nature During his term OF othce as Eh.Sy
IN America it was his duty to negotlate VIe
Mon
tcrnotional compact in which the absolute au'oh-
onnv and the unrestricted rights OF MS couaHy
which he then upheld. his reputation mas eses
stmrc haen identified. The general expectation Is
thot he will bring the matter To prompl aila %
satisfactory settlement by giving notice throusn
tho ,mstoniary diplomatic channels that no vlo.
lotion of Japan's soVer egnty over the iiiia i,
Sen can be permitted. No one OUTSIDE ol ill.,
- curiousIv and persistently preJudiceu amen
residents ina gnes that the British GoNetnHlenss
will disregard the obvious rules OF lm.eI' az, ,
law which cover the case or VIII ,p an" -, =,
cidental ruling Of an eXtra-terrltorial oUtt. III.
.tand as n cause of offence against irIeHuis
state But in any case. it may De se. upm" AZ, rs
certain that Japan VIII hergI and ~ 40 remote
crrtinCencv as the attempt 10 deprive hSt "a
Gould ba considered there can pe no oouu. - nc 20
she would spare no EFFORT al ieS''
the last extremity. . -. r,ou 4, ia
As this letter is about to go to the maj li has
learned that the Minister OF Foreign ails' is 80
formally notified the head OF the orl.s orl.lsn - "a
,,',, ~ ,rolkin that the Government proposes "
ontar info no discussion as 10 the linpenra' ,
authority in the Inland Sea- but VIII ,ha s,fgan Ian-
ousy oppose attempt to nfhmge hndy Of t"S water
arese a n,se as~' ~ this communication when maae
public YIN r1a1y sna 'S anS asE Witch the hs ssS for
N iIena hn,s mast manifested itself not only III
anrrv OF the united press out IN
numerous Indignation meetings throusnT%o % tgorousy s
countrv The whole subject VIII pe r, ,,n,,ant
county, l., ,ha coning session OF Parliament
ugTci| Which opens at the end OF this month";