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



Sir Richard Webster. — That was Cliosliiu? 



Senator Morgan. — No, the Mikado — on bis ecclesiastical authority 

 simply, and to cut him out from any participation in the civil Govern- 

 ment. The Tycoon while thus established, was denied by the Japanese 

 the powers of the Government to make that Treaty with Great Britain. 

 I have never been informed that the United States was a party to it 

 or the Netherlands, or France. That matter went on until a strife, a 

 revolution, occurred in Japan, by which the feudal chiefs (of whom the 

 Prince of Choshiu was one. Prince Negato) undertook to affirm and 

 re-establish the authority of the Mikado. The British Government 

 undertook to sustain the Tycoon and claimed the authority of the 

 Treaty it had made with the Tycoon, and in doing so it of course con- 

 tinued to send its ships through these narrow straits of Shimouoseki. 

 The Netherlands did the same and the United States did the same. 

 When the United States ship was attacked, Admiral Macdougal went 

 down with the " Wyoming", attacked the batteries of Prince of Choshiu, 

 and beat them; also three ships of war that were stationed in this very 

 narrow pass. The Tycoon was overthrown ; the Mikado was reinstated 

 in his power, and no new treaty arrangement has been made which 

 gives to any of these countries a higher power than they had before. 

 So that I beg leave to say, I suppose that that was an assertion on the 

 part of Great Britain, France, the Netherlands and the United States, 

 that that was a part of the high seas — a part of the open sea — through 

 which the ships of all countries had the right to pass, and that was at 

 the bottom of their contention. 



Sir Richard Webster. — I only say, Senator, with great respect, 

 that from your own recital of it 1 should have tliought that the con- 

 trary conclusion must have been drawn. That the rights were origi- 

 nally given by Treaty, as far as Great Britain was concerned, there is 

 no doubt; and the fact that there has been no fresh Treaty since then, 

 seems to me to point to the irresistible inference that on the rebellion 

 of Choshiu against the lawful authority being put down, the old Treaty 

 rights revived, and that we have continued to navigate the inland 

 waters under the Treaty. 



Senator Morgan, — There was just the contrary contention by the 

 United States, and upon that we paid back the indemnity money to 

 Japan that she had paid us on that occasion. 



Sir Richard Webster, — I am only dealing with the information I 

 have before me; but certainly, so far as I have been able to obtain 

 information from the original documents at my disposal during the 

 interval of the adjournment, they appear at present to support the view 

 of this transaction that I have ventured to put before you. Of course 

 if there be other official documents which show I am wrong, I shall at 

 once admit it; but I cannot admit it in the face of the documents which 

 are the only ones to which I have access up to the present time. 



The President. — Mr. Senator, your opinion would be that the United 

 States did not acknowledge the liberty of passing through these 

 straits ? 



Senator Morgan. — It demanded the liberty of passing through. 



Sir Richard Webster. — I cannot help thinking it will turn out that 

 they claimed it under the "favored nation" clause, which was the idea 

 that passed through Senator Morgan's mind — I cannot help thinking it 

 will turn out that there was a favored nation agreement between Japan 

 and the United States under which the United States claimed the same 

 privileges which Great Britain had. 



Senator Morgan. — If so, there must have been, at the same time, 

 some other justification. 



