New-York tribune., 1893-12-24
JAPAN'S SOVEREIGNTY.
INVADED BY THE NEUTRALITY-SUSPICIOUS.
FOREIGN COURTS.
THE nR1rrsu SUPREME COURT AT SHANGHAI
ASSERTS THE INLAND SEA TO BE Del
THE EMPERoR's JURISDICTION.

THE EMPERoR's JURrsDrcTIoN
Toxic Japan, November "a
All who follow the course of japanese puphc
affairs know how earnestly the Government d.
Toxic looks forward to the revision Oh '"c oi'
treaties with Western nations but few are a"die
how frequently and seriously the necessity ot
readjtstng the present anomalous oruei VI
things asserts itself Scarcely n month p'o'e'
without some awkward illustration OF the III
conveniences resulting from the continuance VI
extra-territorial Jurisdiction. not to speak oi oo
currcnces which, unless treated with extreme
dIscro,.on. might lead to consequences far worse
than inconvenient. At this moment the "o'-
crnment is engaged In the consideration or one
Of the most delicate and important queSuoh'
that have demanded its attention since the open
ing of the Empire 10 foreign intercourse-a ques-
zion which could not have arisen in the FORM IL
now takes except for the exercise or Judiclal
! functions by an alien power, ana which aiic0''
not only the dignity and self-respect Oh 'he
! country but even it's authority as an lndepehu-
ont State AS the matter Is likely 10 pecohe oi'e
Of international interest. and as IL mcldeH'"II'
! touches a point which once came under the OIL
ciaI examination of the United States an out
line Of its history may be acceptable to An'eri'
can readers.
on November 3O 1892 disastrous collision
/
ship-of-war Chishima being run down ana IN
stantlv sunk by the +. and o. steamer Ravenna'
Tho chishima had Just been built in France Tor
! Tho Jopanese Navy and had barely completed
ber honeward voyage. not having yet reached
tho port 10 which she was destined. Inc calaf'i-
fly occurred in almost total darkness anu inc
loss Of japanese life was appalling Less Una"
twenty persons OF a crew OF nearly one nun
dred were saved. Although the Ravenna sur
rerod considerable material damage. 1t was no.
ticeable that no one on board or her was III
/ iured AS was natural and inevitable, the aitair
craot,d great excitement throughout the coun-
/ try. By many OF the community the opinion
,.os fr);,, declared that no proper or humane
effort toward rescung the Chshima ere" hau
been made by the officers OF the Ravenna. There
vas probably no just ground for this suspicion'
hut enough was disclosed in subsequent investi-
c,,ions ~ warrant severe reproaches In the
/ sc,ro - the treatment extended To the japanese
/ srrvivors hy those in control II the more fort-
innate vessel 1t seemed 10 be proved beyond
denial that the sufferers received but niue OF
tho courtesy and tenderness which would nave
been la,ished upon them had they belonged To 'he
navy Of any European nation ana the discovery
~ this fact may. perhaps have had some snare
| In determining the later action Of the native
orc,ls Marine courts Of inquiry were con-
vencd b. both British and japanese authorities
and the verdIcts as might possibly have been
antlcipa;cd were totally at variance with each
other II was however quite in accordance
with the general attitude and bearing Of Euro
moan residents that they o~!ly asserted the use
lcssness of any japanese proceedings at all
since the case lad been taken in hand by an
English commission The view held by the ma
toritv ~ foreigners appeared to be fairly repre-
sorted bv one ~ their newspapers. which did
NOT scrulle 70 admonlsh the rulers ana people
II this Eurirc that they should bow with becoin-
ing n,cdestv" - the decision OF a haphazard
British tribunal. II would have been singular
indeed II the susceptibilities OF the japanese
had not bc,n wounded and irritated by the auda-
.ious uropostion that a mere court Of inquiry.
called together In the interest Of the foreign snip
o,,,ors and posscssed II no judicial power or
resn,nsihtlitv shot;ld be privileged To pronounce
a final Judgment upon questions 81 such weight
and gravity az those under consideration. fe-
rcgar,lless ~ the advice thus impertnently ten
darcd the Ministers OF the Crown carefully de-
liberated az T. the requisite course of action. ana
presently announced their intention 10 bring
suit against the T. and q. Company for dam
ages to the amount of $Sj)O00 and costs. In the
only court accessible to them under the extra
territorial system--thc court established at foko-
hama hv a British order I'm Council The trial
began in May last the Emperor Of Japan being
recognized as the actual plaint!n. Out OF the
contentious eventually raised by the counsel Tor
tho defendants. and the judicial rulings there
upon. has grown the uniookci-for and cxtraor-
dlnary position OF affairs which the Govern
incnt has now to confront End act upon.
In response 10 the plaintiffs demand for
sssO 600 the owners of the Ravenna applied for
leave 20 file n countercam for 100000. In which
amount thcy alleged that their vessel was DAM
AGED through the acknowledgement ana improper
navigation of the sunkcn Chishima. THIS apph-
cation was strongly opposed by the plaintiffs
ON various technical grounds the most impor- |
tant OF which was that since the collision &C.
currcd I'm the territorial waters OF the Empire the
nortics v.err subject To. the laws of Japan. un-
dor which the Emperor is not liable To suits or
any description. The fact that the Inland Sea
IL a part Of the japanese dOminions, and under
the exclusive control Of this Government was
apparently regarded as self-evident In the lokO-
hama court. and not open To argument ihis
view was repeatedly affirmed by the judge III
terms which admitted of no misconceptions L
entertain no doubt whatever" he said. that
the collision occurred in the territorial waters OF
Japan; 'it Is impossible 10 contest from any
point that the collision occurred within Japanese
territorial waters" This being taken as estao-
lished the evidence OF experts was given TO the
effect that by the laws Of this country "the SOW
ereign can do no wrong IL considered involable
and cannot be sued in person or by representa-
ton for any misconduct or negligence or an
official In his service. wh .ther in the discharge
of such officials duties or otherwise. The de-
cree which followed was that no counterciaim
could be allowed.
Dissatisfied with this decision, the defendants
appealed to the British Supreme Court for Japan
which sits at Shanghai. China. 1t is reported
that some uncertainty existed among the Jap
anese Minister'S as To the methods OF carrying
on the contest at this point. and that questions