ONCE MORE ON JAPAN AND FRANCE[1]

The French and the Japanese have some sort of resemblance in their

character, and therefore they are not wholly antagonistic to each other

by nature. France once committed a great error, it is true, together

with another country, in backing Russia against Japan after the

Sino-Japanese war, but Japan has forgiven her for it, and has even

forgotten it long since. It therefore mainly depends on France if the

friendly relationship subsisting between her and Japan shall be

maintained.

There are two things which we have to examine in this connection: first,

the question of Indo-China; second, the effect of the Franco-Russian

alliance upon Far Eastern affairs.

Much has been talked about Japan's having designs upon Indo-China. It

is, in truth, nothing more than a resuscitation in part of the old bogey

of the Yellow Peril. According to that bogey, Japan is to pick quarrels

with every civilised nation, and is ultimately to swallow up the whole

world. Nothing can be more absurd than that; but at times it has been

made use of by the Russians and Russophiles with a certain amount of

success. To me it appears almost amazing that so great a psychological

incongruity should exist simultaneously in the minds of some of the

Occidentals, in that, while they exhibit almost unreasonable contempt of

the Orientals on the one hand, they give credit for almost superhuman

potentiality to the same people on the other. Whatever this may be, the

question of Indo-China resolves itself into this:

The yellow peril alarmists began to talk about Japan as being intent

upon seizing Indo-China. The Colonial party of France has utilised this

theme for the promotion of its own object, and the Russophiles have

utilised it for inciting the public to hate and detest Japan in favour

of Russia. Surely an act of gross injustice and cowardice! For, as a

matter of fact, on the part of Japan there is no such intention

whatever. Indo-China is very different from Korea and Manchuria in

respect of its relative position to Japan. There is nothing worth

mentioning politically, strategically, historically, or economically in

the mutual relations between Japan and Indo-China. All this I have shown

in the utmost detail in an article which I have contributed and

published in a well-known French review. Sensible French people have now

begun to see the truth of it, so that they have almost ceased to pay

serious attention to the false alarms of the yellow peril agitators.

Indeed, the France of to-day appears to be very different from the

France of this time last year. The lapse of one year has been sufficient

to disclose many falsehoods by which the public was once taken in. It

has also disclosed the relative merit of Russia and Japan in many

things. Which government--the Russian or the Japanese--is the more

enlightened? Which troops--the Russian or the Japanese--are more humane

and orderly? Which people--Russia or Japan--is more compact as a nation?

Which of them--Russia or Japan--has better ethics and morality? In which

of them--Russia or Japan--are laws better administered and more loyally

adhered to? In which of them--Russia or Japan--are philanthropical

works, such as the Red Cross Society, better organised and more honestly

carried out? Above all, in which of them--Russia or Japan--does the

justice of its cause in the present war lie? All these things have now

become very widely known to the public, hence the difference of their

attitude. I do not think France ever will be foolish enough to stretch

forward her fists against Japan on account of the yellow peril bogey

concerning Indo-China. I am rather in hope that the day will come when

those Russophiles will repent the mistake they made when they abused

Japan contrary to the dictates of justice and equity.

The second question, namely, the effect of the Franco-Russian alliance

upon Far Eastern affairs, is rather a delicate one to discuss. On the

whole, however, I can say this:

Considering the delicate position in which she is placed, France has

managed things well to the extent that we have not much to complain of

(except one important matter, which I will elucidate presently). True it

is that she has made many unfair accusations against us with regard to

the commencement of the war and also with regard to the yellow peril

bogey, but then the same, if not a harsher thing, has also been done or

said in some other quarters where we might have expected more

impartiality. Her general conduct as a neutral has not been very

satisfactory. But then we remember that in some other quarters also very

bitter pills were given us to swallow, altogether beyond our reasonable

anticipation. We put up with all this unfairness, because we are quite

confident that sooner or later the time will come when the world will

clearly see how undeserving we are of such calumny.

The important exception I made above is the question of French

neutrality concerning the treatment of the Baltic Fleet. In this respect

Japan has grave reasons to complain of what France has been doing. As

the whole world knows, the Russian Fleet has been obtaining abundant

facilities from France all the way along from European waters to those

of the Far East. It was abusing French hospitality in Madagascar for a

very long period. Japan repeated her protest, or at least called French

attention from time to time. When France pleaded her innocence at

Madagascar on the pretext that the fleet was outside the territorial

waters of France, Japan, relying on incontestable proof to the contrary,

remonstrated. France was very tardy in executing what she said she would

do, but Japan showed much patience, almost beyond common endurance. The

same thing began to be repeated in the waters of Indo-China, the very

door of the seat of the war. However moderate and good-natured Japan may

be, this was more than she could endure. This was the real cause of the

strain of an event which has been recently threatening the continuance

of friendly relations between France and Japan.

According to some French papers, the view is held that France has not

infringed her duty as a neutral, but Japan does not coincide. The French

contention is that, according to the French law of neutrality, there is

no time limit for affording asylum to a belligerent ship, and therefore,

whatever length of time Russian ships may spend in French waters, France

is under no obligation to tell them to quit the place (so long as they

are not accompanied by prizes), and also they may be supplied with

victuals and even coals. Japan contends that this is not a just

interpretation of the laws of nations. Japan's view may be formulated as

follows:

1. The twenty-four hours rule may not be a condition universally

accepted, but justice and equity demand that in its spirit it should be

followed by all nations. It has already been adopted by many nations,

including Russia herself; as a matter of fact, the world has come to

view it as though it were already a rule universally accepted, and it

behoves every civilised nation to promote its adoption, or at least a

practice similar to it in spirit, for the sake of consolidating

international morality, viz. justice and equity. At the time when

Russian ships, after the sea-battle of August 10th last year, sought

asylum in the waters of Kiao-Chow and Saigon, both the German and French

authorities respectively hastened to dismantle them, because the ships

would not leave the place indicated at the prescribed time; this was

done in exact accordance with the spirit of international law, and in

reality it amounted almost to the same thing as observing the

twenty-four hours rule. Why should France now say that no time limit can

be made in the case of the Baltic Fleet, which requires all the more

vigilance than would the case of a few solitary ships?

2. The so-called French law of neutrality is not in fact a law in the

strict sense of the term. It is a sort of an instruction issued in the

beginning of the present war by the French Minister of Marine, although

based upon a similar document issued at the time of the Spanish-American

war. It is immaterial whether or not it is a law in the strict sense,

but we cannot deem it has a just rule if it were to be interpreted as

has been done by some of the French papers. True it is that in that

document no time is mentioned, but does it mean that France has to or

must allow all belligerent ships to stay in her waters whatever length

of time they like? Certainly not, I should think. If it is so, why

should France adhere to that sort of interpretation even when its

adherence is obviously contrary to justice and equity?

3. Even if we admit for a moment that the French rule as interpreted by

those papers be applicable to the cases of some solitary ships seeking

asylum; it is certainly not applicable to cases like that which we now

have in view, because no such case as that of the Baltic Fleet has ever

been within the contemplation of those who framed such a rule. As a

matter of fact, however, it would be inapplicable even to the cases of a

few solitary ships if it were to be interpreted in the way that was done

by those journals.

4. Even admitting for a moment that the interpretation of those French

journals is correct as far as the strict letter of the rule is

concerned, it does not give them the right to say that their doings are

_internationally_ correct. It must be known that in the laws of nations

the spirit of international morality, namely, justice and equity, has

greater weight than municipal laws, _lex loci_. If this were not so, how

was it that England had to apologise to Russia a long time ago for an

act--personal seizure of an ambassador--which had been done in a civil

matter perfectly in accordance with her law? Therefore the mere fact

that France has her own law of neutrality (in fact no law in a strict

sense) is no defence for her doings unless its justice and equity can be

maintained in the eyes of the law of nations. I may further add that the

above is the _raison d'être_ why prize courts of different countries

make it their theory, unlike ordinary civil or criminal courts, that

they administer _prima facie_ the law of nations and not _lex loci_. It

is another _raison d'être_ why matters relating to neutrality, prizes,

and cognate matters are generally dealt with in the shape of

instructions (in other words, interpretations of the law of nations),

and not in the shape of a law of the land in the strict sense. Japan,

therefore, cannot submit to the ruling of those French instructions as

interpreted by those journals, inasmuch as she does not think it

internationally just and equitable.

5. And, moreover, that part of the French instruction which those

journals so habitually quote is not the only part which has an important

bearing on the question. In the instruction it is also mentioned that no

belligerent may use a French port for purposes of war (_dans un but de

guerre_); and also that belligerents sojourning in such ports may not

make use of them as the base of operations of any kind against the

enemy. Japan's insistence is that France should adhere to that spirit.

My wonder is why those French papers which try to uphold one part of the

instruction should totally ignore other parts of the same instruction.

6. The theory of asylum in the case of the ships is not so rigid as the

case of an army. I admit it. Japan does not demand that it should be

made on the seas as rigid as it is on land. But it must never be allowed

to go beyond the limit which justice and equity allow. I take the theory

of asylum on the seas to be this: No neutral is justified in helping

either of the combatants, but the nature of the seas is such that the

neutral may give a certain grace of time to combatant vessels which seek

shelter in its neutral waters, before it proceeds to dismantle,--(no

immediate internment as in the case of the land force),--and it may also

give them certain victuals--even a certain amount of coals--as it would

also be contrary to humanity if they were to hang about, or to cause

starvation of the men on board in mid-voyage on account of the mere lack

of coal or food. Beyond this, the spirit of the law of nations is that a

neutral ought to allow nothing. Can any one boldly assert that the

theory of asylum can be applied with fairness to a case like that of the

Baltic Fleet, which is far from seeking asylum, but is deliberately

endeavouring to administer coups to its adversary and proceeding to the

very seat of war. If he can do so, where is the justice and equity of

the so-called law of nations, which the Occidentals boast of, not

without just title, and claim that it forms one of the essential parts

of Christian morality?

7. As to the talk about the three-mile limit of the territorial waters,

there is already much divergency of opinion even amongst the jurists. To

put it forth as a defence in a case like that of the Baltic Fleet

affairs seems to me too puerile. The matter, however, becomes all the

more grave when even that limit is not observed, and it has been

constantly ignored by the Baltic Fleet.

Such are the views which we Japanese have taken in the matter. Some

French journals (erroneously basing their assertions on the views I have

personally expressed) say that Japan has taken up English views of

international law in opposition to the Continental views, so that France

ought not to yield to Japan's protest. This contention is not correct.

We do not hold these views because they are English ones: we do so

because they are in our opinion the only views which are

_internationally_ just and equitable. We are now fighting against a foe

so formidable, as the whole world knows, that to us it is a matter of

life and death. We have sufficient patience and fortitude, but we cannot

run the risk of sacrificing our very existence without some protest when

we think that we are not being treated with justice and equity.

I am glad to add that the views we hold seem to have come at last to be

shared by the more responsible part of the French amongst the

governmental circle, as well as by the general public. The newspapers

which are still sticking to their old contention are very few in number,

and they seem to have some particular reasons of their own. I can never

think a nation like France could consciously and wilfully offend against

justice and equity, and the only thing we anxiously hope for is that the

declaration of the French Government may be honestly and effectually

followed up. Whatever may be one's intention, the drift of events often

creates unlooked-for incidents, and that too often against one's will,

when it is too late to avoid the consequences. Let all parties concerned

be careful in this matter of vital importance.

[1] The _Deutsche Revue_, June 1905.

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