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



tbe Shimonoseki Strait had been claimed by all the powers by virtue 

 of these treaties and by no other claim so far as I have been able to 

 ascertain. 



The learned Senator was perfectly accurate in referring to its nar- 

 rowness but he rather stated it against himself, because it is less than 

 a mile wide in one pla';e, and the opening at the other end, clear of the 

 islands, is less than four miles, so that it would have been difficult 

 unless there had been some immemorial usage or some Treaty, for any 

 nation such as Great Britain or France to have claimed a right of navi- 

 gating in such waters. The Treaty was in fact concluded with the 

 Shogun, and when the authority of the Emperor was restored it was not 

 considered necessary to ratify again the Treaties. The only alteration 

 was that in the case of Great Britain an Order in Council was issued 

 substituting the name of the Emperor for the name of the Shogun; 

 and when the disturbance by Prince Choshiu arose all the Powers com- 

 bined, as I stated on the last occasion, and expressed their intention in 

 identic memoranda to aid the then Government of Japan in putting 

 down the interference of the rebellious prince Choshiu who was pur- 

 porting to interfere, and in fact interfering, with the rights of navi- 

 gating under those Treaties. I mention the matter now as I was, of 

 course, anxious to look up any point as to which there was a lingering 

 doubt in the mind of the Tribunal. I have ascertained those facts, 

 and I need not say that all the information in my i)ossession is at the 

 disposal of any of the members of the Tribunal. 



Senator Morgan. — Well Sir Eichard, I think it only right to say I 

 have that Treaty of 1854 before me, and the United States have the 

 right, under Article 2 to enter the ports of Simoda and jSTagasaki and 

 the port of Hakodadi, which I think is not on the straits of Shimono- 

 seki. Those are the only j)orts they had the right to enter. 



Sir EiCHAED Webster. — Is not that the Treaty with the favored 

 nation clause in it? 



Senator Morgan. — You spoke of a Treaty witli the United States in 

 1854, by which this strait was opened to the commerce of the world. I 

 do not find that. 



Sir Eichard Webster. — I think I said supplemented by the other 

 Treaties under which the other Powers came in. It will be found that 

 prior to that Treaty of 1854 those Straits were closed, and they remained 

 open from 1854 till Prince Choshiu attempted to close them in 1864 as I 

 mentioned the other day. 



Senator Morgan. — I meant to state the attitude of the United States 

 Government towards that country — they claimed no Treaty right of 

 going through the Straits of Shimonoseki at all. They claimed it on 

 the ground that it was part of the high sea, because it was a strait 

 connecting two great seas — the Sea of Japan on the south, and the 

 Yellow Sea, I think it was, or the Sea of Corea on the north. 



Sir Eichard Webster.— Well, Mr. President, I must not appear to 

 enter into a controversy with the learned Senator, but I looked at the 

 identic notes that were signed in the year referred to, and I can only 

 say I believe it will be found that the United States claim was founded 

 on Treaty. It seems to me sufficient for my purpose to call attention 

 to that, and as I cannot say that my information as to the facts accords 

 with what the learned Senator says, I have performed my duty in call- 

 ing the attention of the Tribunal to what I understand to be those facts. 



Now, Mr. President, I had practically concluded what I desire to say 

 on the question of property at the sitting of the Tribunal on Friday 

 last, but I presume I may be possibly expected to make one or two 



