ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 503 



Finally, armaments of every kind, prepared with the loudly avowed intention of 

 expelling all foreigners from the country. 



The position made for the Representative of Foreign Powers is the natural conse- 

 quence of the situation and the tendencies which they have just pointed out. 



The residence in the capital is virtually interdicted. 



The passage through the Inland Sea is forbidden to their vessels, hy means of 

 batteries erected with that object. 



Then there is a further reference to other restrictions under which 

 foreigners were placed, and the memorandum j)roceeds in this way: 



The recent decision of the Governments to which the demands on the part of the 

 Japanese Mission now in Europe has given rise, enable the undersigned clearly to 

 define their obligations. The foreign Powers not only reject in categorical terms 

 the propositions regarding the abandonment of Yokohama, but also refuse, by 

 anticipation, to listen to any overture for the modification of existing Treaties -or 

 curtailment of the rights they confer. 



The instructions transmitted to the undersigned are identical. All are directed 

 to maintain Treaty rights intact, and to insist on their complete observance. 



Then follows a reference of how the Treaty rights had been exer- 

 cised, most fairly, in the interests of the residents as well as of the 

 foreigners; and then the memorandum says: 



Whereas a more energetic attitude would, on the contrary, have undonbtedlj', for 

 immediate result, the dissipation of the idea now entertained by the daimios, that 

 patience has only been dictated by weakness or fear. 



A vigorous demonstration will disarrange schemes scarcely yet formed, and it is 

 calculated to give support to the party favorable to the maintenance of Treaties 

 before its oj)pouents will have time to crush it. It will moreover give a salutary 

 lesson to those semi-independent feudal chiefs who scotf at the obligations of 

 Treaties, the validity of which they repudiate, and who for the justification of their 

 continuous acts of violence appeal to a decree still in existence which makes 

 foreigners outlaws. 



In a word, this decided attitude may furnish to the Tycoon an occasion to regain 

 an influence which is slipping from his weak hands, although he is far from willing 

 to abdicate or renounce his governing powers. At all events it may compel this 

 Prince [that was Choshiu] to abandon the system of duplicity and half-measures 

 which he now follows, and openly declare whether he wishes to respect the Treaties, 

 or sides with those who wish to tear them up. 



Then the memorandum further states the unanimous agreement ot 

 the undersigned to the course that is going to be suggested, and then 

 it proceeds : 



How and where the first blow must be struck is easily determined by an examina- 

 tion of the present state of things. 



While the majority of the party hostile to the Treaties has limited itself to 

 menaces, the Prince of Choshiu has resolutely taken the initiative of attack, by 

 prohibiting to foreign vessels all access to the Inland Sea, and by stopping the sup- 

 plies of produce for the Nagasaki market carried on hj native junks as has been 

 shown by the successive reports received from the Consular Agents at that port ; 

 such a continued violation of the Law of Nations and formal negation of Treaty 

 rights has been encouraged by the impunity which those perpetrating the acts have 

 been allowed to enjoy. 



The President. — I believe the point is very clearly made out. 



Sir Richard Webster. — That memorandum was signed by all the 

 Powers I have mentioned — the United States among them — relying 

 and insisting upon their rights under that Treaty. 



Senator Morgan. — With deference, I do not believe that the point 

 has been clearly made out, and I beg to state the reasons, in deference 

 to the judgment of the learned President. 



The President. — I mean with reference to what Sir Ritjhard told us. 



Senator Morgan. — My reason for saying that is this: The Tycoon of 

 Japan was a military officer who undertook to put himself at the head 

 of the Government, and retire the Mikado on his ecclesiastical author- 

 ity simply. 



