Grounds of Judgment by Par Kristoffer Cassel

Grounds of Judgment by Par Kristoffer Cassel

Author:Par Kristoffer Cassel [Cassel, Par Kristoffer]
Language: eng
Format: mobi
Publisher: Oxford University Press, USA
Published: 2012-03-04T21:00:00+00:00


Boissonade’s counterpart in the Foreign Ministry, the young American jurist Henry Willard Denison, wrote two detailed reports in which he, too, endorsed the actions of the Nagasaki police. In a first memorandum, he outlined a strategy to explode the Chinese claims. Focusing on whether the Japanese police had the right to arrest Chinese offenders in their homes, he pointed out: “It undoubtedly strengthens the Chinese position to regard the question of the right of the Police to enter the private houses of Chinese residents and the killing of the Chinese youth as inseparable, and equally it is of importance to the Japanese Gov’t to consider them apart.”69 In his second memorandum, he further developed this line of reasoning:

If the extraterritorial privileges secured to foreigners by treaties do not exempt them while in the public streets from liability to arrest by Japanese police, it is illogical to claim that they may enjoy such exemption by the simple expedient of leaving the highways and entering compounds which are surrounded by those highways. If, however, this claim is admitted to be well founded it at once results, that those privileges which both Japan and China have contended are personal only, are in fact territorial also.70



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