CHAPTER XXI

Treaty Revision—Great Britain Takes Initiative—Difficulties with China.

The year 1894 marks a memorable stage in the rise of Japan to the

position in the world she has since attained. It witnessed two events of

far-reaching importance: the revision of the Treaty between Great

Britain and Japan, which, though only the first of a series, practically

solved the long-pending question of Treaty revision; and the outbreak of

war with China. The new Treaty with Great Britain was signed on the 16th

July, and within a fortnight of its signature Japan was at war with her

continental neighbour. Both events, it may be noted in passing, had a

calming effect on parliamentary proceedings, the Diet then in existence,

though not actually in session, being the only one which lasted for the

full constitutional term of four years.

The question of the revision of the treaties with foreign Powers has

been referred to more than once in previous chapters. These treaties, as

we have seen, formed part of a series of Conventions concluded between

the years 1858 and 1869, which were framed on the same lines, while

their effect was rendered uniform by the “most-favoured-nation” clause

contained in each. As has already been pointed out, the features of the

treaties which caused dissatisfaction in Japan were the concession of

extra-territoriality, and the absence of any fixed period for their

duration. Revision being subject to the consent of both parties, it was

felt that Japan might be indefinitely deprived of tariff autonomy and

the right of exercising jurisdiction over foreigners in her own

territory. It was not unnatural that the Japanese Government, while

overlooking the many disadvantages attaching to foreign residence and

trade in what was a mere fringe of the country, should, as soon as it

became aware that the character of the treaties was different from that

of those made by Western Governments with each other, have taken an

early opportunity to protest against conditions which were regarded as

derogatory to the dignity of the nation, nor that it should have made

repeated attempts to secure their removal by negotiation with the Powers

concerned. We have seen how the failure of these efforts roused popular

feeling, supplied political agitators with a weapon used with effect in

the campaigns they directed from time to time against the Government,

and eventually led to a serious recrudescence of the anti-foreign

feeling of pre-Restoration days; so that by the time that the

Constitution came into operation Treaty revision was no longer regarded

as a mere matter of departmental policy, with which the public at large

had little concern, but had become, so to speak, a national question.

In view of the importance which this question gradually came to assume

in public affairs, affecting as it did both domestic policy and foreign

relations, it may be well, at the risk of some repetition, to give a

succinct account of the lengthy negotiations on this subject, asking the

indulgence of the reader, should he be taken over ground traversed

before.

Undeterred by the failure, already recorded, of Prince Iwakura’s mission

in 1872, the Japanese Government made another attempt two years later to

negotiate a new Treaty which would, it was hoped, be the forerunner of

others. The relations between the United States and Japan were at this

time, if anything, more friendly than those of Japan with other Powers.

This was to a great extent the natural result of circumstances. By

taking the initiative in the reopening of Japan to foreign intercourse,

America had given evidence of an intention to pursue an independent

policy in regard to foreign questions. Having been the first Western

Power to appear on the scene, her influence had been the first to be

felt in Japan. Moreover, her great commercial expansion being still in

its infancy, she had fewer interests to protect in Japan than older

countries. American representatives were thus spared much of the

friction with the Japanese authorities which fell to the lot of other

foreign representatives. Influenced probably by these considerations, it

was to the United States that the Japanese Government addressed its

overtures on this occasion. They were favourably received, and a new

Treaty was negotiated with little difficulty. But the Treaty remained a

dead letter owing to the inclusion of a clause providing that it should

come into operation only when similar treaties had been concluded with

other Powers.

For several years no further steps were taken by the Japanese

Government in the matter of Treaty revision. Ministerial dissensions

and the disturbed state of the country, which culminated in the

Satsuma rebellion, called for the concentration of attention on

domestic affairs. Foreign questions, therefore, ceased for a time to

be a subject of public interest. By this time also it is probable that

the Government began to realize more clearly than before the nature of

the objections entertained by foreign Powers to the revision of their

treaties with Japan; and to understand that, so far as the point of

extra-territoriality was concerned, the unwillingness of foreign

Governments to accede to Japanese demands was based on the reasonable

ground that, until some substantial evidence of progress in the

direction, at least, of legal reforms, was forthcoming, they must

naturally hesitate to make their subjects amenable to Japanese

jurisdiction. The energy and determination with which the Japanese

Government set to work to carry out legal and judicial reforms showed

that it was alive to the necessity of meeting the objections of

foreign Powers in the direction indicated. One result of the

progressive spirit displayed was, as we have seen, the promulgation of

a Criminal Code and Code of Criminal Procedure, framed in accordance

with Western ideas, which came into operation early in 1882. In the

autumn of that year negotiations for Treaty revision were reopened,

and a preliminary conference of the representatives of Japan and the

leading Treaty Powers was held in Tōkiō. No definite result was then

reached, but the ground was cleared for subsequent discussion, which

took place four years later, the Japanese Capital being, as before,

the seat of negotiations. At this second and more formal conference,

at which no less than seventeen Treaty Powers were represented, and

which lasted from May, 1886, to June, 1887, definite progress was

made. In the end, however, negotiations were abruptly broken off by

the Japanese delegates, in consequence, as was understood at the time,

of popular dissatisfaction with the proposed employment of foreign

judges in Japanese Courts of First Instance and Courts of Appeal in

cases where foreigners were defendants. In 1889 negotiations were

again reopened in Tōkiō. The proposals then submitted by Count

(afterwards Marquis) Ōkuma, as Foreign Minister, were accepted by the

American and Russian Governments; but public feeling again showed

itself hostile to the appointment of foreign judges, even on the

reduced scale contemplated by the new proposals. The attempted

assassination of the Minister who had brought them forward once more

put a stop to negotiations, and arrangements were made for the

cancellation of the two treaties that had been concluded.

On all these occasions discussion had centred chiefly round the question

of Japanese jurisdiction over foreigners. The main difficulty had always

been the same: to reconcile the natural desire of foreign Governments to

secure such guarantees in the matter of the administration of justice as

would safeguard the surrender of extra-territorial privileges with the

equally natural wish of Japan to recover the right of jurisdiction over

foreigners in her territories. And it will be seen that even when a

compromise satisfactory to both negotiating parties had been, or was

about to be, reached, the sensitiveness of the public in Japan

concerning any point which it regarded as detrimental to Japanese

dignity prevented its acceptance by the nation.

In the following year Lord Salisbury presented to the Japanese

Government in Tōkiō proposals for Treaty revision which were based on

the results achieved during the second conference, and on the general

experience gained in the long course of negotiations. These British

proposals conceded the principle of territorial jurisdiction on the

condition that all the new Japanese Codes of Law should be in operation

before the revised Treaty came into force, and offered an increase of 3

per cent in the Customs Import Tariff. The period of duration of the

proposed Treaty and tariff was fixed at twelve years, at the end of

which time Japan would recover complete tariff autonomy. The proposed

Treaty further provided for the opening of the whole of Japan to British

trade and intercourse, and for her adhesion to the International

Conventions for the Protection of Industrial Property and Copyright.

This latter provision was called for by the frequent imitation of

foreign trademarks, and the issue of cheap copies of foreign

publications. In order to avoid offending Japanese susceptibilities

careful attention was given to the form in which these proposals were

framed. It might have been expected that proposals so liberal could not

fail of acceptance. The fact that they were so far in advance of the

views regarding Treaty revision entertained by the majority of foreign

Governments implied a recognition of the progress made by Japan, and

confidence in her future, which could hardly fail to be gratifying to

the Government to which they were presented. The favourable impression

they at first produced justified the hope that negotiations might result

in an agreement on this long-pending question. Again, however, popular

agitation stood in the way of a settlement. Objection was raised to the

ownership of land by foreigners, a point which had figured in all

previous schemes of Treaty revision, and the matter was quietly shelved

without ever reaching the stage of negotiations. One explanation of the

attitude assumed by Japanese Ministers at this time may be found in the

jealousy prevailing in political circles which made it difficult for any

single statesman, or party, to gain the credit of disposing of a

problem, which had defied solution for so long. Any official jealousy of

this kind which may have existed would tend to encourage agitation on

the subject irrespective of the merits of the question at issue. Another

reason likely to influence public opinion in a nation in whose character

pride is so predominant a trait may have been the feeling that it was

desirable for the country’s prestige that proposals which should furnish

the basis of the new treaties should emanate from Japan.

Treaty revision had thus become a national question in which political

parties, as well as the Press, took an active interest, and in

succeeding years the Diet was frequently the scene of animated

discussions, which caused no little embarrassment to the Government.

Fortunately for both Government and people, and for relations between

Japan and foreign Powers, the long looked-for solution came in sight in

1894. In the spring of that year negotiations were resumed by the

Japanese Government in London. The proposals then submitted to the

British Government were practically the same both in form and substance

as the previous British proposals, the chief difference lying in the

substitution of a right of lease only in place of the right of ownership

of land by British subjects. The Japanese Government had reason

subsequently to regret this alteration, for it gave rise to a

controversy, which, on being referred for arbitration to the Hague

Tribunal in 1905, was decided against Japan. The negotiations proceeded

smoothly, and ended in the signature on the 16th July of that year of a

new Treaty and Protocol, some minor matters being regulated by an

exchange of Notes. By the new Treaty arrangements consular jurisdiction

was abolished, and the whole of Japan was opened to British trade and

intercourse. It was also provided that before the new Treaty came into

operation the new Japanese Codes should have been brought into force,

and Japan should have notified her adhesion to the International

Conventions for the Protection of Industrial Property and Copyright. It

was also agreed between the two parties that the new Treaty should not

come into operation before the expiration of five years from the date of

signature, the object of this stipulation being to allow time for the

negotiation of similar treaties with other foreign Powers. The _ad

valorem_ duties in the tariff accompanying the agreement were

subsequently converted into specific rates by delegates of the two

Governments who met in Tōkiō for that purpose.

It is not surprising that the new Treaty should have met with scanty

approval from the British mercantile community in Japan. In the wide

areas over which the interests of the British Empire are spread it is

inevitable that there should at times be some points of divergence

between Imperial policy and local views, between the appreciation of a

situation by the Government with its wider outlook and far-reaching

responsibilities in matters of Imperial concern, and by British

communities abroad. Nor was it unnatural for British residents in the

Far East, accustomed by long experience to regard extra-territorial

privileges in Oriental countries almost as part of the British

Constitution, to view with unwillingness their surrender. But there can

be no doubt that the time had come for a concession of this kind to be

made. The progress of Japan in the thirty-six years that had elapsed

since the treaties of 1858 had been attended by evidences of stability

in administration and policy which invited the confidence as it evoked

the admiration of the world. The conditions of foreign residence in

Japan compared more than favourably with those in other countries where

there was no exemption from territorial jurisdiction. Nor in any case

would it have been right, or even, under the circumstances, possible,

from the point of the position which Japan had already attained, for

Treaty revision to be longer deferred. Subsequent events have

established the wisdom of the course taken by Great Britain. It is true

that Great Britain gained little material advantage from the agreement.

But Japan had very little to offer in return for what she received.

Circumstances precluded anything in the nature of a bargain. The opening

of the whole country—already rendered accessible to travellers, and

indirectly to merchants, by means of a passport system—was of little, if

any, benefit to British commerce, which was unlikely to diverge from the

trade routes already established. But by being the first to revise her

Treaty on terms practically identical with those she had herself offered

two years before, Great Britain showed her frank recognition of the

changed conditions resulting from the steady progress of more than

thirty years. And she thereby retained her position as the leading

Western Power in the Far East, and gained the goodwill of Japan, thus

paving the way for the future Anglo-Japanese Alliance.

Lest it should be thought that in the foregoing account of Treaty

revision too much importance has been attached to it, and possibly too

close a connection traced between negotiations on this subject and the

development of Japan on Western lines, it may be well to conclude these

remarks with a quotation from a speech delivered by Viscount Chinda,

then Japanese Ambassador in London, at the Sheffield University on June

29th, 1918.

In the course of his speech Viscount Chinda said: “Perhaps no one except

a Japanese will be able to appreciate truly and fully the great

importance attached to the question of Treaty revision. For the

Japanese, however, the question was a matter of paramount importance,

connoting as it did nothing less than a national emancipation. The first

treaties of Japan with foreign Powers were signed while the nation was

still in a state of torpor from a long slumber of seclusion, and in the

circumstances amounted almost to duress.... So defective indeed were

these treaties that Japan was in effect deprived of the two essential

attributes of a Sovereign State. The redemption of her judicial and

fiscal autonomy became henceforth the dream of Japanese national

aspiration, and her policies, both foreign and domestic, ever shaped

principally with this one supreme end in view. Innovation after

innovation, often involving sacrifices of traditional sentiments, were

introduced for the purpose of assimilating the country and its

institutions to the standard of Western civilization.”

Similar language has been held by other prominent Japanese statesmen,

notably by Viscount Kato, at one time ambassador in London, and now the

leader of a powerful political party, whose experience as a Cabinet

Minister qualifies him to speak with authority on the subject.

The outbreak of war with China within a few days of the signature of the

revised British Treaty has already been mentioned. To foreign residents

in the Far East, who had opportunities of observing the relations

between Japan and China during the previous years, the event caused

little surprise. At no period of history had their relations been

cordial, except perhaps for a time in the seventh century, when China

became the model on which Japan remoulded her institutions. The Mongol

invasions of Japan in the thirteenth century had left unpleasant

memories in both countries, and relations were not improved by the

intervention of China in support of Korea when the Japanese in their

turn invaded that country. On neither side, however, was the

recollection of past hostilities allowed to stand in the way of the

customary intercourse between neighbouring Oriental States, which was

limited to the despatch at irregular intervals of complimentary

missions, and the occasional visits of Chinese traders. By the time that

Japan embarked on a policy of seclusion, in consequence of the domestic

troubles which arose in connection with the first efforts of foreign

missionary enterprise, Chinese traders had, as we have seen, established

a small centre of commerce in the south-west of Japan. There, after the

country was closed, they, and the Dutch traders, were allowed to remain,

though under conditions which deprived the privilege of much of its

value, and eventually reduced the commerce thus conducted to small and

rapidly dwindling proportions. Prior to the issue of the edict which put

an end to maritime enterprise the Japanese had shown no lack of

seafaring spirit. Even then, however, the pursuit of trade as a definite

object never seems to have attracted the nation, the visits of Japanese

vessels to the mainland of Asia being undertaken more with an eye to the

prosecution of piratical raids than the conduct of peaceful commerce.

With the reopening of Japan to foreign intercourse the situation

underwent a complete change. The establishment of “treaty ports” and the

development of Japanese trade with foreign countries had the natural

effect of drawing Japan and China more closely together, though for some

years circumstances conspired to prevent the growth of more intimate

relations between the two peoples. Much of the new commercial

intercourse between them was conducted not directly between Chinese and

Japanese merchants, but indirectly through the medium of merchants of

other nationalities, who acted as the middlemen of foreign commerce in

the Far East. Incompatibility of temperament, moreover, and of ideas—the

result of a fundamental difference in conditions of national

development—acted as a barrier between the two peoples. Nor was the

state of affairs in either country such as to favour a recognition of

the common interests which pointed to the desirability of a closer

understanding. The decay of China under spiritless Manchu rule had

already begun. Resting in fancied security on the traditions of past

greatness, and unconscious of her own decadence, she was too proud to

make advances to a smaller though near neighbour, whose existence she

had hitherto found it convenient to ignore. Japan, for her part, in the

throes of a revolution which was to usher in a new order of things, was

too busy for a time to pay much attention to intercourse with China, of

whose attitude towards herself she was, nevertheless, well aware.

It was not until after the Restoration that the relations between the

two countries were placed on a formal Treaty basis. The Treaty concluded

at Peking in 1871, on the initiative of the new Japanese Government, was

framed on simple lines, something both as to form and substance being

borrowed from the treaties in existence between the two nations and

Western Powers. By the most important of its stipulations it was

arranged that the Consuls, or “administrators,” as they were termed, of

each country should exercise supervision and control over their

nationals resident therein; that these officials should endeavour to

settle amicably all disputes that might arise between the subjects of

the two countries; and that, failing a settlement in this manner, the

questions at issue should be referred to the Consuls and local

authorities for joint decision—the latter having, moreover, the right of

arrest and punishment in all criminal cases. Trade regulations and an

_ad valorem_ tariff were attached to the Treaty, but no period of

duration was mentioned.

Not long after the conclusion of this Treaty the friendly relations thus

formally established between the two countries were disturbed, as we

have seen, by the quarrel which arose out of the ill-treatment received

by natives of Loochoo in Formosa. The adoption by Japan of Western

innovations had already given offence to the Chinese Government, which

viewed with strong disapproval this departure from the traditional

policy hitherto followed by Far Eastern States. The forcible measures

taken by Japan in connection with this incident to obtain redress caused

both surprise and irritation. These feelings were intensified by the

controversy which took place a few years later over the annexation of

Loochoo by Japan. On this occasion China contented herself with making a

formal protest. No definite understanding was effected in the course of

the negotiations that ensued, and the incident was closed by China’s

tacit acquiescence in the new situation. Thenceforth, however, the

relations between the two countries assumed a character of estrangement,

which only needed the stimulus of some further dispute to ripen into

hostility.

This further cause of quarrel was supplied by Korea.

The Making of Modern Japan An Account of the Progress of Japan from Pre-feudal Days to Constitutional Government & the Position of a Great Power, With Chapters on Religion, the Complex Family System, Education, &c. · 第 21 / 31 章