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November 24, 1897.]
RUSSIA IN MANCHURIA.
on
The announcement made by Reuter, that one of the steamers of the Russian Volun- teer Fleet has left Olessa with a force of Cossacks on board for the protection of the railway works in Manchuria, is significant though not quite unexpected. It was, if we remember rightly, stipulated at the time the agreement for the construction of the railway was signed that a body of Russian troops should be stationed in Manchuria for the protection of the works. None the less their arrival Manchurian soil will be the sure precurser of the ulti mate loss of that valuable dependency to China. The Peking Government may think that they will be able, at the appointed time, to buy their great neighbour out, but they will not. Within the decade the Russian power will be firmly established on the Pacific, and Peking as a capital may even have ceased to exist. There is nothing to prevent the break up of the Chinese Empire but the mutual jealousy of the Western Powers, and through the rottenness of the Chinese administration and the impos- sibility of otherwise opening up the country. the differences of the Powers may be composed and the eighteen pro- vinees partitioned. This consummation is certainly not generally desired, but it would be regarded as a preferable alternative to seeing the unwieldy Empire
CHINA OVERLAND TRADE REPORT.
399
FOREIGN NEWSPAPERS IN JAPAN | pretation has to be adopted and inten- AND THE REVISED TREATIES. tions count for nothing. Possibly if the
matter were left entirely to the discre An acrimonious controversy has recently tion of the Japanese Government, with- been going on in the columns of the Japan out any representation bing made by the Gazette and the Japan Mail with reference British or any other foreign Government, to the position of foreign newspaper enter-everything might be arranged satisfactorily, prise in Japan upon the coming into force but it is equally possible that grave difficul of the revised treaties. In the treaties no ties might ensue. If the Japanese Govern- special reference is made to newspapers, and ment does not wish or intend to interfere under the existing press law only Japanese with the publication of foreign newspapers subjects may publish newspapers. At pre-when the publishers become subject to Ja- sent the publication of foreign newspapers panese law we fail to see what objection it is legalised under the law of exterritoriality, could have to making a binding declaration and the question is whether, upon the with-
to that effect at once and accepting a read- drawal of that law, the provision of the ing of the treaties that would include news- national law restricting publication to Japa paper enterprise in the terms relating to nese subjects will entail the discontinuance business in general. The desire of foreign of newspapers published by foreigners. As journalists in Japan (or some of them) to the matter stands, unless the foreign Govern- have their position defined seems a reason- ments insist upon newspaper publication able one, and it is difficult to understand being recognised as a branch of ordinary why the expression of the desire should ex- business covered by the general provisions cite the ire of the Japan Mail. The Japan of the treaty, that would necessarily be the Gazette urges that the continuance of foreign case, and if foreign Governments do so in-
newspapers in Japan should not depend sist an alteration of the national press law upon the sufferance of the Japanese Govern- would be required in order to bring it infoment, but should be regarded as a matter conformity with that reading of the treaties.
of right-that a British subject in Japan The Japan Mail maintains that newspaper should have the same right to publish a that there is no canse for anxiety, as an enterprise is not covered by the treaties, but
newspaper there that a Japanese subject has to publish a newspaper in England. alteration of the press law will undoubtedly be made, the existing law being framed to meet existing conditions only. The Japan Gazette on the other hand maintains that there is grave cause for anxiety and claims that the rights of foreign newspaper pro- prietors should be protected by an authorita- tive declaration that they are covered by
the treaties.
Many years ago it was decided that it would be undesirable that foreigners, who were not subject to the national law, should engage in the publication of vernacular newspapers, and the foreign Governments fell in with that view.
fall under the influence of one, and that the least progressive, of the civilised Powers. The fact is already being gradually recog nised, and the descent of the eagles has even now commenced. Germany has occupied Kiaochau Bay as a naval harbour, in re- prisal for the murder of two German priests. in Shantung. She will of course also de- mand the punishment of the assassins, but knowing, by oft repeated experience in missionary troubles, the utter hopelessness
It was consequently of obtaining justice on the promoters of these outrages, she has determined to inflict enacted that only Japanese subjects should punishment on the authorities in a direct be allowed to publish newspapers, ie, manner, and show that such atrocities vernacular newspapers, in Japan, and as re- cannot be perpetrated with impunity. gards foreigners effect was given to that law The London Times is evidently com-
by regulations issued by their own authori- view of the ties, in the absence of which the law would of ing round to the same
course not have been binding upon them. question, as Reuter tells us the great English journal applauds Germany's energy
Recently the press law was re-enacted with in dealing with China an urges that Great amendments, the object being to secure Britain should always act in a similar man-
greater freedom to the press by removing ner. The British Government has in the the power possessed by the Government of past shown a long-suffering with China as
arbitrary suspension, etc., and to provide remarkable as it was useless, for generosity that all press offences should be tried by the and forbearance are entirely thrown away
courts of law. But in the new Act the pre- on the Chinese mandarin, who only under-viously existing restriction of the right of stands the argument of the stick. The publication to Japanese subjects was horrible massacres at Kucheng and the enacted, and it is this re-enactment that has murders and riots in the Yangtsze Valley specially attracted the attention of foreign have all been passed over without any journalists and brought the subject to the reparation being exacted and it would be front. The Japan Mail argues that the idle even to pretend that justice had been restriction is a necessity so long as the exist- executed on the criminals. A few coolies ing conditions continue, that is, until the have been shortened by a head, but where
new treaties come into operation in 1899. heads are so easily purchased and evidence That argument may be admitted, for the so readily manufactured it is worse than
same objections to the publication of ver- folly to permit such travesties on justice to nacular newspapers by foreigners, who would be perpetrated.
The only way is to make be free from the legal obligations resting the Government respousible, and, as in the upon native publishers, apply now present case with Germany, to take some formerly. But our contemporary also argues substantial guarantee for better behaviour that the re-enactment does not imply any intention on the part of the Government to interfere with foreign newspaper enterprise, and suggests that when exterritoriality comes The man who was charged with having ad- to an end the necessary steps will as a ministered a drag to a gardener and his wife
matter of course be taken to Record at Yaumati on the 19th October, and who was foreign journalists national treatment. committed for trial at the Criminal Sessions, was again brought before Hon. H. E. Wodehouse, That also may be correct, but if it is Police Magistrate, on 19th Nov., the Attorney to be a question of sufferance and not of General having referred the case back. No right the point is involved in sufficient further evidence being forthcoming, the pri- doubt to justify anxiety on the part of those soner was discharged.
interested, for in matters of law strict inter-
in the future.
re-
ટાઇ
If it be decided that the treaty does not cover newspaper enterprise questions might equally be raised with respect to other forms of enterprise not specifically mentioned. This point is suggested by the Kobe Chronicle in an article reviewing the position taken up by the Mail and we present it in the Chronicle's own words:-The contention of our contemporary amounts to this-that un- less a trade, business, or profession is speci- fically mentioned in the Treaties, foreigners will hereafter pursue such avocation merely on sufferance, and its pursuit may at any time be declared illegal. Such is our contemporary's reading of a Treaty which commences by the declaration that it is "based
upon principles of equity and mutual benefit." That such an interpretation is wholly without warrant goes almost without saying. Article III. of the Anglo-Japanese Treaty provides that
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there shall be reciprocal freedom of com- merce and navigation between the "dominions and possessions of the two High Contracting Parties," and goes on:-" The
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subjects of each of the High Contracting "Parties may trade in any part of the "dominions and possessions of the other by "wholesale or retail in all kinds of produce, "manufactures, and merchandise of lawful commerce, either in person or by agents, singly, or in partnerships with foreigners or native subjects; and they may there own or hire and occupy the houses, manu- 'factories, warehouses, shops, and premises "which may be necessary for them, and lense land for residential and commercial purposes, conforming themselves to the Laws, Police, and Customs Regulations of "the country like native subjects." News paper business is not specifically mentioned in the article-it would be remarkable if it was-but neither is banking business so mentioned, nor can the latter, any more than the former, be brought strictly under the phrase produce, manufactures, and " merchandise;" yet will it be argued by the Japan Mail that all foreign banks must close their doors when the new Treaties come into force, or, if permitted to do business, exist only by sufferance? Such an argument is at once seen to be preposterous; but if preposterous in the case of banking busi- ness, why not also as regards the business of gathering news and purveying it to subscribers?
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--:ང་ཁ༠