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
Public-domain text, read in full here on John Shaqi.
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