support of the Liberals, but Count Ito formed a new party, the Seiyu-kai, from the dissolved Liberal Party and took over the Government. At the same time the Progressive Party was reorganized under Count Okuma. Ito now received opposition from the Upper House which resented his having become a leader of a political party, and he was forced to resign. The Elder Statesmen now decided to take no active part in the parliamentary Government, but to rule through younger men.

The Choshu Clan and Seiyu-kai Party.-A Choshu follower of Yamagata, named Katsura, was selected for Premier in 1900, and held office under clan protection for four and one-half years. The parties had now decided to coöperate with, rather than oppose, the clan government of the Elder Statesmen, and the belief that party government could not prevail in Japan was predominant. During his tenure of office the militaristic program of the Choshu clans to "make Japan the predominant country in the Far East" was greatly strengthened, first, by the Anglo-Japanese alliance, and then by the successful war against Russia. Japan's preeminence as a military power is, therefore, in no small measure due to England. The disappointment over the terms of the Portsmouth Treaty, ending the war with Russia, led to Katsura's downfall, and on his recommendation the Seiyu-kai leader, Saionji, succeeded him. The new Premier held office for three years and, although he had the support of his party throughout, made no attempt to found party government. In 1908 Katsura again assumed office and retained the support of the Seiyukai, principally because the nation as a whole was pleased with the Government's Manchurian and Korean policy. In 1911 popular feeling against the Katsura military group caused Saionji to again be summoned to form a Cabinet.

The Kokumin-to and Count Okuma.-The year before this the Progressives had formed themselves into a new

party, the Kokumin-to or Constitutional Nationalists, also under Okuma's guidance. This group sought to break up the Seiyu-kai by advocating some policy to which the several small independent parties could rally. Throughout Saionji's second ministry the question of finances was uppermost, the Choshu men insisting upon creating two new divisions of the Army, or 40,000 additional men for Korea, which had now been annexed. Upon the death of the Emperor in 1912, a reaction against the absolute power of the throne was feared and Katsura was called upon for the third time. In his new government he showed no signs of alleviation from the same bureaucratic principles and soon lost the support of the two great parties and popular confidence which he attempted to regain by creating a new party, the Rikken Doshi-kai, or Constitution Friends Society. Upon his failure he was succeeded by Admiral Yamamoto, who, as a member of the opposing, or Satsuma, clan, received the support of the Seiyu-kai. In 1914 disclosures were made of a great scandal in the Navy, and several Japanese naval officers were indicted in Berlin for graft. This lead to the downfall of the Yamamoto Cabinet, and Count Okuma was called from his retirement to organize a Cabinet. The policy of this new Cabinet was largely influenced by the Great War, which soon broke out and resulted in the active participation of Japan in the capture of German possessions in Shantung and the resulting twentyone demands upon the Chinese Government. These were designed greatly to strengthen Japan's influence in China, if not actually to usurp Chinese sovereignty. Such action called forth a vote of censure by the Diet which, while not carried, was significant in obtaining a one-third support of the House. This was followed in 1915 by disclosures of corruption in the election held the previous March in which Viscount Oura, the Home Minister, was implicated, and Count Okuma offered the resignation of the whole Cabinet.

After canvassing the situation and finding no other available candidate the Elder Statesmen commanded Count Okuma to remain in office and select a new Cabinet. This Cabinet continued to struggle with the popular demands for retrenchment, and the military demands for a larger Army and Navy and finally gave way in 1918 to the present Premier Hara who, as leader of the Seiyu-kai, has again established a semblance of party government.

QUESTIONS

1. What is the fundamental difference between the Chinese and Japanese in conception and form of government?

2. Outline the structure of the old Imperial Government of China.

3. How did Yuan Shi-kai undermine the power of the first Assembly?

4. Outline the form of government in China under the revised provisional constitution.

5. Outline the growth of Chinese political parties.

6. What outside pressure led Yuan to assume the title of Emperor?

7. What is the Lansing-Ishii Agreement?

8. What is the form of the Japanese Government under the Constitution?

9. Describe the position and power of the Japanese Emperor. Of the Genro. Of the Cabinet.

10. Outline the growth of political parties in Japan.

CHAPTER IV

TARIFFS, TREATIES AND COMMERCIAL LAWS IN CHINA' AND JAPAN

The outstanding feature of the treaties which have been negotiated between China and Western powers is the granting to foreign subjects of the right of extraterritoriality. The ordinary doctrine of international law holds that a sovereign state has jurisdiction over the person and property of foreigners within its confines, but China has partially surrendered this right by treaty with the West. Under these treaties the person and property of the foreigner in China does not come under Chinese jurisdiction at all, but under the protection of his own flag, and it is by his own officials that the foreigner is tried, except under certain conditions to be described later. By waiving her rights to try foreigners China does not evade her responsibility to protect them and this obligation is fully imposed by treaty.

Extraterritoriality in China.—This situation of responsibility without right of trial has long been complained of by China, who maintains that it was forced upon her against her will. While this contention is technically just, historically and practically China has long allowed foreigners to be governed according to their own laws. This is due to some extent perhaps to the large administrative area, and the unwillingness of early Chinese provincial governors to assume any responsibilities with reference to the foreigners, or to have any intercourse with them except trade for profit. As early as the ninth century the Arabs were granted extraterritorial rights at Canton, and in the sixteenth century the Portuguese at Macao were granted the

same privileges. The treaty which the American Minister Caleb Cushing negotiated with China in 1844, therefore, simply carried out the tradition thus established, and the grant of extraterritorial rights was obtained from China as a matter of course. This treaty was the basis upon which all disputes with foreigners, of whatever nationality, were settled up to 1858-60, when the treaty of 1842 between China and Great Britain was revised. This treaty provided several distinct things:

1. That Chinese committing crimes against British shall be tried and punished by Chinese authorities and law.

2. That British subjects committing any crime in China shall be tried and punished by British authorities and law.

case.

In order to carry out the provision of this treaty the British Government established in 1860 a Supreme Court at Shanghai. The Chinese Government established a mixed court in whose proceedings the case was tried by the official of the defendant's nationality, the official of the plaintiff's nationality merely attending to watch the proceedings in the interest of justice. The officer so attending could protest against the proceedings in detail if he were dissatisfied. The law administered was the law of the officer trying the The British Supreme Court at Shanghai is presided over by a chief justice before whom personal and property rights of British subjects in China are heard and determined. Complaints against British subjects residing outside Shanghai in China are tried before the nearest British consular officer, subject to appeal. The mixed court established by the Chinese Government likewise has jurisdiction over all matters in which a subject of China, residing at Shanghai, may be the defendant and a foreigner the plaintiff. Under the most favored nation clause in the treaties of other nations, whereby they enjoy all rights and privileges granted by China to the "most favored nation," the provisions of this treaty with Great Britain apply to other