JAPAN. 



415 



Ion of martial law, the Lord Chief .lus- 

 .iil down tin- broad principle, which he 

 copiously illustrated and fortified by argu- 

 \ u Iron i tho Kngli.sh Constitution 

 and Kti'Hsli history, that tin- <T\VII has ID 

 ,iiu martial law in the s.-iisc in 

 which that term is usually accepted. Jn caflCS 

 of ]n.]r;iar outbreak, threatening tho puhlic 

 . it N tin- duty of tho (Jovernmeiit, he, 

 paid, toc'.nploy tbrcihK' mean-, if m-cr ary, for 

 i-.inlcr; hut thU may be done and 

 ought t<p ii" don.- without suspending the oper- 

 ation of ;!ieci\il law, which is the paramount 

 authority in tho state, and which cannot, even 

 temporarily, l>e rightfully abrogated by those 

 in power. Military law is something altogether 

 distinct iVoni martial law, and is a system of 

 rule laid down in tho Articles of War; but to 

 this law civilians are not subject, and unless 

 taken in actual rebellion, they can be constitu- 

 tionally tried by no other court than the ordi- 

 nary civil tribunals of the country. This charge 

 of Sir Alexander Cockburn produced a pro- 

 found impression throughout the United King- 

 dom ; and, although the Jamaica Committee 

 failed in the principal object of their efforts, 

 it is admitted that a national debt of gratitude 

 is due to them for having been instrumental in 

 drawing forth from so eminent an authority 

 the able defence of constitutional liberty for 

 which the charge in question will ever be dis- 

 tinguirdied in legal annals. 



JAPAN, an empire in Eastern Asia. Area, 

 l<i-'i,ii-tO square miles; population, from thirty 

 to forty millions. The intercourse which has of 

 late been established between Japan and for- 

 cL"i countries has largely added to our knowl- 

 edge of that country. The following extracts 

 from an article on the "Moral and Political 

 Revolution in Japan, "in Blackwood 1 a Magazine 

 (April, 1867), contain the most trustworthy 

 information now attainable on the form of the 

 Japanese Government: 



There is only one Emperor in Japan, and he is no 

 more spiritual than is the Queen of Great Britain. 

 The name of the head of the Church is Sirakawa, and 

 to him tho Mikado (Emperor} himself owes spiritual 

 ullc_naiHv. On certain occasions his majesty even 

 repairs to the chapel to meet .Sirakawa, in which aro 

 all the shrines of the departed Mikados, who are all 

 canonized, and aro patron saints. Upon these occa- 

 sions the Mikado invokes their protection for the 

 nation, and makes certain offerings. He passes to 

 and from the sacred edifice between prostrate rows 

 of courtiers and privileged persons, who keep their 

 foreheads on the ground, but who take this opportu- 

 nity of snatching a glance at the august presence 

 -ideloug upturned look as he passes. The in- 

 of royalty are a sword, a crvstal ball, and a 

 i. Tin 1 present dynasty of Mikados has ex- 

 aeeor<rmu p to Japanese history, for many thou- 

 of years. The origin of the super.stition of the 

 spiritual character of the Mikados arises from tho 

 which is generally entertained, that the first 

 !> was born of divine parents; hence the spiritual 

 < PIT/I n has been confounded by foreigners with a 

 spiritual authority which ho does not possess. 



Next iu runk to the Mikado come tho Miya-Sama, 

 :'s of his majesty. Asall per- 

 sons connected with the Mikado's family are supposed 



what may bo termed spiritual blood In their 



I't th. in. 



nil live at Miako, possess certain privilege!, flu 

 all ihr liicli otiir.-s anout the court, wear u ft 

 uniform, and an i.ilu -rwuie distinguished, liut tho 

 Miya-Sama arc only tlic uncle* and brothers and 

 children of tho MikMO. According to the old cu- 

 tom of tin- country, thc.-e iu-\t of kin of the Km].. Tor 

 were not permitted to marry, and used to ithave their 

 . ( 1 1 ic of the hit "-i in novations incidental to tins 

 inllueiieu of the foreigner in Japan, i - tl. 

 of this rule, intelligence, of which has quite recently 

 reached us, by which we learn that the Miya-Saraa 

 have determined to let their hair grow, and make 

 trial of the enjoyments of married . 



Next in rank to them comes tho Guambak, or chief 

 minister of the Kmpcror. Jle could only be chosen 

 from one of the live families known us tho Goshekke, 

 and was theoretically the highc.-t. minister of state, 

 and was nominated* by tho Mikado. Practically, 

 however, for many years past, the power of the Ty- 

 coon has been so great as to enable him to control 

 this appointment, as well as those of the two next 

 highest officials, tne Sadeising and Woodcising, who 

 are both men 01 higher rank than the Tycoon him- 

 self. All this was usurped authority on the part of 

 the Tycoon, to resist whoso exalted political preten- 

 sions a political struggle took place, which culminated 

 in the civil war that has only recently terminated. 

 It will be seen that this high functionary is indeed 

 only the fourth or fifth personage in the empire. lie 

 has no claim whatever to tho name of Emperor, and 

 is not known among the Japanese by his recently- 

 invented name of Tycoon. 



His real title is Shogoon, or Generalissimo ; and as 

 Shogoon he is beginning now to be known among 

 Europeans. There can be no doubt that he did prac- 

 tically exercise the supreme executive authority ut 

 the time of Commodore Perry's visit ; and his office 

 is the pivot upon which the whole political system 

 of Japan turns. The Shogoon is assisted in his de- 

 liberations and executive functions by the Gorojio, or 

 council of smaller Daimios ; and as the Shogoon was 

 oftener a puppet than not, the Government of Japan 

 came at last to be practically vested in the president 

 of this council a man, under ordinary circumstances, 

 of comparatively low rank. Without clearly under- 

 standing what tne system was before foreigners came 

 to Japan, it will be impossible to comprehend the 

 changes which it is now undergoing. It will thus 

 be perceived that neither the Mikado nor his council, 

 nor the Grand Daimios, had much to say on the ad- 

 ministration of the country. Each Daimio was al- 

 most absolute at home ; but the crown-lands were 

 administered by the Shogoon, and the general balance 

 of power between the Daimios was maintained by 

 compelling each of them to keep a large stake in the 

 capital in the shape of property, and to have an im- 

 portant member of the family at Yedo as hostage for 

 his good behavior. 



Practically, there was very little motive for inter- 

 ference, on the part of the Daimios, in the acts of 

 the Shogoon or his council. These acts applied 

 almost entirely to local interests. An act, however, 

 which indicated a desire on tho part of the Govern- 

 ment at Yedo to open tho country to foreigners, was 

 one calculated to excite the apprehensions of every 

 Daimio in the. country ; and certain of tho leading 

 princes immediatelv assumed an attitude of de- 

 cided hostility to the policy of the Shogoon. Of 

 these, tho Princes of Mito, Satsuma, and Chioshiu 

 have figured most prominently in the events of the 

 last eight years. 



TheTrince of Mito was the chief of one of tho three 

 families, Mito, Owari, and Ksiu, known as thoGosan- 

 kioi : and here, again, we must dispel a delusion which 

 has been popularly entertained up to this time, to the 

 effect that the Shogoon is always chosen from one or 

 other of those families. Such is not the case. They 

 hold their title, doubtless, in virtue of their blood, 



