A Fantasy of Far Japan; Or, Summer Dream DialoguesSuematsu, Kencho
Philosophy
A Fantasy of Far Japan; Or, Summer Dream Dialogues
Suematsu, Kencho
Japan -- Civilization
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.
Public-domain text, read in full here on John Shaqi.
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