JAPAN, [Continued from volume XV slice II.]
After the abolition of the shōgunate and the resumption of administrative functions by the Throne, one of the first acts of the newly organized government was to invite the foreign representatives to Kiōto, where they Japan’s Claim for Judicial Autonomy. had audience of the mikado. Subsequently a decree was issued, announcing the emperor’s resolve to establish amicable relations with foreign countries, and “declaring that any Japanese subject thereafter guilty of violent behaviour towards a foreigner would not only act in opposition to the Imperial command, but would also be guilty of impairing the dignity and good faith of the nation in the eyes of the powers with which his majesty had pledged himself to maintain friendship.” From that time the relations between Japan and foreign states grew yearly more amicable; the nation adopted the products of Western civilization with notable thoroughness, and the provisions of the treaties were carefully observed. Those treaties, however, presented one feature which very soon became exceedingly irksome to Japan. They exempted foreigners residing within her borders from the operation of her criminal laws, and secured to them the privilege of being arraigned solely before tribunals of their own nationality. That system had always been considered necessary where the subjects of Christian states visited or sojourned in non-Christian countries, and, for the purpose of giving effect to it, consular courts were established. This necessitated the confinement of foreign residents to settlements in the neighbourhood of the consular courts, since it would have been imprudent to allow foreigners to have free access to districts remote from the only tribunals competent to control them. The Japanese raised no objection to the embodiment of this system in the treaties. They recognized its necessity and even its expediency, for if, on the one hand, it infringed their country’s sovereign rights, on the other, it prevented complications which must have ensued had they been entrusted with jurisdiction which they were not prepared to discharge satisfactorily. But the consular courts were not free from defects. A few of the powers organized competent tribunals presided over by judicial experts, but a majority of the treaty states, not having sufficiently large interests at stake, were content to delegate consular duties to merchants, not only deficient in legal training, but also themselves engaged in the very commercial transactions upon which they might at any moment be required to adjudicate in a magisterial capacity. In any circumstances the dual functions of consul and judge could not be discharged without anomaly by the same official, for he was obliged to act as advocate in the preliminary stages of complications about which, in his position as judge, he might ultimately have to deliver an impartial verdict. In practice, however, the system worked with tolerable smoothness, and might have remained long in force had not the patriotism of the Japanese rebelled bitterly against the implication that their country was unfit to exercise one of the fundamental attributes of every sovereign state, judicial autonomy. From the very outset they spared no effort to qualify for the recovery of this attribute. Revision of the country’s laws and reorganization of its law courts would necessarily have been an essential feature of the general reforms suggested by contact with the Occident, but the question of consular jurisdiction certainly constituted a special incentive. Expert assistance was obtained from France and Germany; the best features of European jurisprudence were adapted to the conditions and usages of Japan; the law courts were remodelled, and steps were taken to educate a competent judiciary. In criminal law the example of France was chiefly followed; in commercial law that of Germany; and in civil law that of the Occident generally, with due regard to the customs of the country. The jury system was not adopted, collegiate courts being regarded as more conducive to justice, and the order of procedure went from tribunals of first instance to appeal courts and finally to the court of cassation. Schools of law were quickly opened, and a well-equipped bar soon came into existence. Twelve years after the inception of these great works, Japan made formal application for revision of the treaties on the basis of abolishing consular jurisdiction. She had asked for revision in 1871, sending to Europe and America an important embassy to raise the question. But at that time the conditions originally calling for consular jurisdiction had not undergone any change such as would have justified its abolition, and the Japanese government, though very anxious to recover tariff autonomy as well as judicial, shrank from separating the two questions, lest by prematurely solving one the solution of the other might be unduly deferred. Thus the embassy failed, and though the problem attracted great academical interest from the first, it did not re-enter the field of practical politics until 1883. The negotiations were long protracted. Never previously had an Oriental state received at the hands of the Occident recognition such as that now demanded by Japan, and the West naturally felt deep reluctance to try a wholly novel experiment. The United States had set a generous example by concluding a new treaty (1878) on the lines desired by Japan. But its operation was conditional on a similar act of compliance by the other treaty powers. Ill-informed European publicists ridiculed the Washington statesmen’s attitude on this occasion, claiming that what had been given with one hand was taken back with the other. The truth is that the conditional provision was inserted at the request of Japan herself, who appreciated her own unpreparedness for the concession. From 1883, however, she was ready to accept full responsibility, and she therefore asked that all foreigners within her borders should thenceforth be subject to her laws and judiciable by her law-courts, supplementing her application by promising that its favourable reception should be followed by the complete opening of the country and the removal of all restrictions hitherto imposed on foreign trade, travel and residence in her realm. “From the first it had been the habit of Occidental peoples to upbraid Japan on account of the barriers opposed by her to full and free foreign intercourse, and she was now able to claim that these barriers were no longer maintained by her desire, but that they existed because of a system which theoretically proclaimed her unfitness for free association with Western nations, and practically made it impossible for her to throw open her territories completely for the ingress of foreigners.” She had a strong case, but on the side of the European powers extreme reluctance was manifested to try the unprecedented experiment of placing their people under the jurisdiction of an Oriental country. Still greater was the reluctance of those upon whom the experiment would be tried. Foreigners residing in Japan naturally clung to consular jurisdiction as a privilege of inestimable value. They saw, indeed, that such a system could not be permanently imposed on a country where the conditions justifying it had nominally disappeared. But they saw, also, that the legal and judicial reforms effected by Japan had been crowded into an extraordinarily brief period, and that, as tyros experimenting with alien systems, the Japanese might be betrayed into many errors.
The negotiations lasted for eleven years. They were begun in 1883 and a solution was not reached until 1894. Finally European governments conceded the justice of Japan’s case, and it was agreed that from July 1899 Japanese Recognition by the Powers. tribunals should assume jurisdiction over every person, of whatever nationality, within the confines of Japan, and the whole country should be thrown open to foreigners, all limitations upon trade, travel and residence being removed. Great Britain took the lead in thus releasing Japan from the fetters of the old system. The initiative came from her with special grace, for the system and all its irksome consequences had been originally imposed on Japan by a combination of powers with Great Britain in the van. As a matter of historical sequence the United States dictated the terms of the first treaty providing for consular jurisdiction. But from a very early period the Washington government showed its willingness to remove all limitations of Japan’s sovereignty, whereas Europe, headed by Great Britain, whose preponderating interests entitled her to lead, resolutely refused to make any substantial concession. In Japanese eyes, therefore, British conservatism seemed to be the one serious obstacle, and since the British residents in the settlements far outnumbered all other nationalities, and since they alone had newspaper organs to ventilate their grievances—it was certainly fortunate for the popularity of her people in the Far East that Great Britain saw her way finally to set a liberal example. Nearly five years were required to bring the other Occidental powers into line with Great Britain and America. It should be stated, however, that neither reluctance to make the necessary concessions nor want of sympathy with Japan caused the delay. The explanation is, first, that each set of negotiators sought to improve either the terms or the terminology of the treaties already concluded, and, secondly, that the tariff arrangements for the different countries required elaborate discussion.
Until the last of the revised treaties was ratified, voices of protest against revision continued to be vehemently raised by a large section of the foreign community in the settlements. Some were honestly apprehensive as to the Reception given to the Revised Treaties. issue of the experiment. Others were swayed by racial prejudice. A few had fallen into an insuperable habit of grumbling, or found their account in advocating conservatism under pretence of championing foreign interests; and all were naturally reluctant to forfeit the immunity from taxation hitherto enjoyed. It seemed as though the inauguration of the new system would find the foreign community in a mood which must greatly diminish the chances of a happy result, for where a captious and aggrieved disposition exists, opportunities to discover causes of complaint cannot be wanting. But at the eleventh hour this unfavourable demeanour underwent a marked change. So soon as it became evident that the old system was hopelessly doomed, the sound common sense of the European and American business man asserted itself. The foreign residents let it be seen that they intended to bow cheerfully to the inevitable, and that no obstacles would be willingly placed by them in the path of Japanese jurisdiction. The Japanese, on their side, took some promising steps. An Imperial rescript declared in unequivocal terms that it was the sovereign’s policy and desire to abolish all distinctions between natives and foreigners, and that by fully carrying out the friendly purpose of the treaties his people would best consult his wishes, maintain the character of the nation, and promote its prestige. The premier and other ministers of state issued instructions to the effect that the responsibility now devolved on the government, and the duty on the people, of enabling foreigners to reside confidently and contentedly in every part of the country. Even the chief Buddhist prelates addressed to the priests and parishioners in their dioceses injunctions pointing out that, freedom of conscience being now guaranteed by the constitution, men professing alien creeds must be treated as courteously as the followers of Buddhism, and must enjoy the same rights and privileges.
Thus the great change was effected in circumstances of happy augury. Its results were successful on the whole. Foreigners residing in Japan now enjoy immunity of domicile, personal and religious liberty, freedom from official interference, and security of life and property as fully as though they were living in their own countries, and they have gradually learned to look with greatly increased respect upon Japanese law and its administrators.
Next to the revision of the treaties and to the result of the great wars waged by Japan since the resumption of foreign intercourse, the most memorable incident in her modern career was the conclusion, first, of an entente, and, Anglo-Japanese Alliance. secondly, of an offensive and defensive alliance with Great Britain in January 1902 and September 1905, respectively. The entente set out by disavowing on the part of each of the contracting parties any aggressive tendency in either China or Korea, the independence of which two countries was explicitly recognized; and went on to declare that Great Britain in China and Japan in China and Korea might take indispensable means to safeguard their interests; while, if such measures involved one of the signatories in war with a third power, the other signatory would not only remain neutral but would also endeavour to prevent other powers from joining in hostilities against its ally, and would come to the assistance of the latter in the event of its being faced by two or more powers. The entente further recognized that Japan possessed, in a peculiar degree, political, commercial and industrial interests in Korea. This agreement, equally novel for each of the contracting parties, evidently tended to the benefit of Japan more than to that of Great Britain, inasmuch as the interests in question were vital from the former power’s point of view but merely local from the latter’s. The inequality was corrected by an offensive and defensive alliance in 1905. For the scope of the agreement was then extended to India and eastern Asia generally, and while the signatories pledged themselves, on the one hand, to preserve the common interests of all powers in China by insuring her integrity and independence as well as the principle of equal opportunities for the commerce and industry of all nations within her borders, they agreed, on the other, to maintain their own territorial rights in eastern Asia and India, and to come to each other’s armed assistance in the event of those rights being assailed by any other power or powers. These agreements have, of course, a close relation to the events which accompanied or immediately preceded them, but they also present a vivid and radical contrast between a country which, less than half a century previously, had struggled vehemently to remain secluded from the world, and a country which now allied itself with one of the most liberal and progressive nations for the purposes of a policy extending over the whole of eastern Asia and India. This contrast was accentuated two years later (1907) when France and Russia concluded ententes with Japan, recognizing the independence and integrity of the Chinese Empire, as well as the principle of equal opportunity for all nations in that country, and engaging to support each other for assuring peace and security there. Japan thus became a world power in the most unequivocal sense.
Japan’s Foreign Wars and Complications.—The earliest foreign war conducted by Japan is said to have taken place at the beginning of the 3rd century, when the empress Jingō led an army to the conquest of Korea. But as the War with Korea. event is supposed to have happened more than 500 years before the first Japanese record was written, its traditional details cannot be seriously discussed. There is, however, no room to doubt that from time to time in early ages Japanese troops were seen in Korea, though they made no permanent impression on the country. It was reserved for Hideyoshi, the taikō, to make the Korean peninsula the scene of a great over-sea campaign. Hideyoshi, the Napoleon of Japan, having brought the whole empire under his sway as the sequel of many years of incomparable generalship and statecraft, conceived the project of subjugating China. By some historians his motive has been described as a desire to find employment for the immense mob of armed men whom four centuries of almost continuous fighting had called into existence in Japan: he felt that domestic peace could not be permanently restored unless these restless spirits were occupied abroad. But although that object may have reinforced his purpose, his ambition aimed at nothing less than the conquest of China, and he regarded Korea merely as a stepping-stone to that aim. Had Korea consented to be put to such a use, she need not have fought or suffered. The Koreans, however, counted China invincible. They considered that Japan would be shattered by the first contact with the great empire, and therefore although, in the 13th century, they had given the use of their harbours to the Mongol invaders of Japan, they flatly refused in the 16th to allow their territory to be used for a Japanese invasion of China. On the 24th of May 1592 the wave of invasion rolled against Korea’s southern coast. Hideyoshi had chosen Nagoya in the province of Hizen as the home-base of his operations. There the sea separating Japan from the Korean peninsula narrows to a strait divided into two channels of almost equal width by the island of Tsushima. To reach this island from the Japanese side was an easy and safe task, but in the 56-mile channel that separated Tsushima from the peninsula an invading flotilla had to run the risk of attack by Korean war-ships. At Nagoya Hideyoshi assembled an army of over 300,000 men, of whom some 70,000 constituted the first fighting line, 87,000 the second, and the remainder formed a reserve to be subsequently drawn on as occasion demanded. The question of transport presented some difficulty, but it was solved by the simple expedient of ordering every feudatory to furnish two ships for each 100,000 koku of his fief’s revenue. These were not fighting vessels but mere transports. As for the plan of campaign, it was precisely in accord with modern principles of strategy, and bore witness to the daring genius of Hideyoshi. The van, consisting of three army corps and mustering in all 51,000 men, was to cross rapidly to Fusan, on the south coast of the peninsula, and immediately commence a movement northward towards the capital, Seoul, one corps moving by the eastern coast-road, one by the central route, and one by the western coast-line. Thereafter the other four corps, which formed the first fighting line, together with the corps under the direct orders of the commander-in-chief, Ukida Hideiye, were to cross, for the purpose of effectually subduing the regions through which the van had passed; and, finally, the two remaining corps of the second line were to be transported by sea up the west coast of the peninsula, to form a junction with the van which, by that time, should be preparing to pass into China over the northern boundary of Korea, namely, the Yalu River. For the landing place of these reinforcements the town of Phyong-yang was adopted, being easily accessible by the Taidong River from the coast. In later ages Japanese armies were destined to move twice over these same regions, once to the invasion of China, once to the attack of Russia, and they adopted almost the same strategical plan as that mapped out by Hideyoshi in the year 1592. The forecast was that the Koreans would offer their chief resistance, first, at the capital, Seoul; next at Phyong-yang, and finally at the Yalu, as the approaches to all these places offered positions capable of being utilized to great advantage for defensive purposes.
On the 24th of May 1592 the first army corps, under the command of Konishi Yukinaga, crossed unmolested to the peninsula; next day the castle of Fusan was carried by storm, which same fate befell, on the 27th, Landing In Korea and Advance of the Invaders. another and stronger fortress lying 3 miles inland and garrisoned by 20,000 picked soldiers. The invaders were irresistible. From the landing-place at Fusan to the gates of Seoul the distance is 267 miles. Konishi’s corps covered that interval in 19 days, storming two forts, carrying two positions and fighting one pitched battle en route. On the 12th of June the Korean capital was in Japanese hands, and by the 16th four army corps had assembled there, while four others had effected a landing at Fusan. After a rest of 15 days the northward advance was resumed, and July 15th saw Phyong-yang in Japanese possession. The distance of 130 miles from Seoul to the Taidong had been traversed in 18 days, 10 having been occupied in forcing the passage of a river which, if held with moderate resolution and skill, should have stopped the Japanese altogether. At this point, however, the invasion suffered a check owing to a cause which in modern times has received much attention, though in Hideyoshi’s days it had been little considered; the Japanese lost the command of the sea.
The Japanese idea of sea-fighting in those times was to use open boats propelled chiefly by oars. They closed as quickly as possible with the enemy, and then fell on with the trenchant swords which they used so skilfully. Fighting at Sea. Now during the 15th century and part of the 16th the Chinese had been so harassed by Japanese piratical raids that their inventive genius, quickened by suffering, suggested a device for coping with these formidable adversaries. Once allow the Japanese swordsman to come to close quarters and he carried all before him. To keep him at a distance, then, was the great desideratum, and the Chinese compassed this in maritime warfare by completely covering their boats with roofs of solid timber, so that those within were protected against missiles, while loop-holes and ports enabled them to pour bullets and arrows on a foe. The Koreans learned this device from the Chinese and were the first to employ it in actual warfare. Their own history alleges that they improved upon the Chinese model by nailing sheet iron over the roofs and sides of the “turtle-shell” craft and studding the whole surface with chevaux de frise, but Japanese annals indicate that in the great majority of cases solid timber alone was used. It seems strange that the Japanese should have been without any clear perception of the immense fighting superiority possessed by such protected war-vessels over small open boats. But certainly they were either ignorant or indifferent. The fleet which they provided to hold the command of Korean waters did not include one vessel of any magnitude; it consisted simply of some hundreds of row-boats manned by 7000 men. Hideyoshi himself was perhaps not without misgivings. Six years previously he had endeavoured to obtain two war-galleons from the Portuguese, and had he succeeded, the history of the Far East might have been radically different. Evidently, however, he committed a blunder which his countrymen in modern times have conspicuously avoided; he drew the sword without having fully investigated his adversary’s resources. Just about the time when the van of the Japanese army was entering Seoul, the Korean admiral, Yi Sun-sin, at the head of a fleet of 80 vessels, attacked the Japanese squadron which lay at anchor near the entrance to Fusan harbour, set 26 of the vessels on fire and dispersed the rest. Four other engagements ensued in rapid succession. The last and most important took place shortly after the Japanese troops had seized Phyong-yang. It resulted in the sinking of over 70 Japanese vessels, transports and fighting ships combined, which formed the main part of a flotilla carrying reinforcements by sea to the van of the invading army. This despatch of troops and supplies by water had been a leading feature of Hideyoshi’s plan of campaign, and the destruction of the flotilla to which the duty was entrusted may be said to have sealed the fate of the war by isolating the army in Korea from its home base. It is true that Konishi Yukinaga, who commanded the first division, would have continued his northward march from Phyong-yang without delay. He argued that China was wholly unprepared, and that the best hope of ultimate victory lay in not giving her time to collect her forces. But the commander-in-chief, Ukida Hideiye, refused to endorse this plan. He took the view that since the Korean provinces were still offering desperate resistance, supplies could not be drawn from them, neither could the troops engaged in subjugating them be freed for service at the front. Therefore it was essential to await the consummation of the second phase of Hideyoshi’s plan, namely, the despatch of reinforcements and munitions by water to Phyong-yang. The reader has seen how that second phase fared. The Japanese commander at Phyong-yang never received any accession of strength. His force suffered constant diminution from casualties, and the question of commissariat became daily more difficult. It is further plain to any reader of history—and Japanese historians themselves admit the fact—that no wise effort was made to conciliate the Korean people. They were treated so harshly that even the humble peasant took up arms, and thus the peninsula, instead of serving as a basis of supplies, had to be garrisoned perpetually by a strong army.