María Luz Incident
Encyclopedia
The was a diplomatic incident between the early Meiji government of the Empire of Japan
and the Republic of Peru over a merchant ship with Chinese
indentured labourers in Yokohama
in 1872. It was an early test of the independence of the Japanese judiciary system and a challenge to the extraterritoriality
provisions of the unequal treaties
then in force between Japan and the western powers.
to Callao
, Peru with a cargo of Chinese indentured labourers for Peruvian plantations, called on the treaty port of Yokohama, Japan to repair damage suffered during a severe storm. While anchored at Yokohama, one Chinese coolie
aboard escaped by jumping overboard and swimming to the nearby British
warship
HMS Iron Duke
. When he was turned over to Japanese authorities at Yokohama port
, he complained about severe mistreatment and asked for protection and the rescue of 231 other Chinese aboard who were suffering from the same fate. The captain of the María Luz, Ricardo Herrera, was summoned by Japanese authorities and strongly admonished to treat the escapee with leniency and to take better care of his indentured charges.
However, another Chinese indentured labourer soon escaped, and word reached acting British consul Robert Grant Watson that the first escapee had been brutally treated by the Peruvian captain on his return to the ship. Together with a boarding party of British Marines
, Watson personally inspected the vessel, and found that the rumor was true, and that the Chinese passengers were being treated in conditions similar to slavery
. Watson formally approached Japanese Foreign Minister Soejima Taneomi
to take action.
The Japanese government was initially hesitant to take action, as Japan had no formal diplomatic relations with Peru, whose interests in Japan were being handled by the United States
. Kanagawa
governor Mutsu Munemitsu
was strongly opposed to any intervention which might damage Japanese relations with the western nations; however Justice Minister Etō Shimpei
felt that the issue could not be ignored for humanitarian reasons. The head of the State Council, Sanjō Sanetomi
, authorized Soejima to proceed, and Mutsu resigned his position in protest.
Soejima took steps to prevent the María Luz from leaving port, and after reviewing the ship's records and interviewing the officers, found that its cargo of illiterate indentured laborers had been deceived in Macao into signing contracts, the contents of which they could not read or understand, and were being confined against their will under inhumane conditions. Many had been kidnapped, and most had no idea of the location of their final destination. At a preliminary hearing presided over by Ōe Taku
, a court order allowing the Chinese to go shore at Yokohama was issued, and the court declared that the shipping company owning the María Luz was guilty of wrongdoing. All of the foreign countries represented in Japan at the time were informed of the decision and their opinions were solicited.
However, every country with the exception of the United Kingdom
responded negatively, charging that Japan had overstepped the bounds of various treaties to rule against a foreign company and foreign captain. In addition, the incident had arisen within the borders of Yokohama, which was at the center of the extraterritorial zone
granted by treaty. Ōe turned to Soejima, who upheld the court's decision despite foreign opposition and charges of lack of jurisdiction, and on August 30, Ōe ruled that the Chinese labourers were freed of their contracts.
Herrera challenged the decision in an appeal with English barrister
F.V. Dickens (who was fluent in classical Japanese
and a translator of Japanese poetry
) as his legal advisor. Dickens countered with the argument that involuntary servitude
was practiced in Japan in the form of the sale of prostitutes
and in the contractual debts of apprenticeship
, and was thus not illegal. He further charged that since the Chinese labourers had been hired in Macao, the case fell within the jurisdiction of Portugal
due to extraterritoriality agreements between Japan and Portugal, and was supported in this stance by letters from the Portuguese ambassador to Japan. However, Dickens' arguments were not accepted by Ōe, and he lost in a court decision on September 26, with the Japanese judge ruling that the Peruvian captain and contractor were in violation of international law
, and not Japanese law. After the ruling, Herrera fled from Yokohama to Shanghai
on another vessel, abandoning the María Luz at Yokohama.
The Qing dynasty
Chinese government issued an official letter thanking the Japanese government for its strong stance and assistance rendered to Chinese subjects; however, most European nations remained displeased with the court rulings, and supported official diplomatic protests from the Peruvian government. In June 1873, the Japanese government requested that Tsar Alexander II of Russia
arbitrate
the issue as a neutral party, and in 1875 he confirmed Japan's position.
outcasts, prostitutes
and other forms of bonded labor in Japan.
Empire of Japan
The Empire of Japan is the name of the state of Japan that existed from the Meiji Restoration on 3 January 1868 to the enactment of the post-World War II Constitution of...
and the Republic of Peru over a merchant ship with Chinese
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
indentured labourers in Yokohama
Yokohama
is the capital city of Kanagawa Prefecture and the second largest city in Japan by population after Tokyo and most populous municipality of Japan. It lies on Tokyo Bay, south of Tokyo, in the Kantō region of the main island of Honshu...
in 1872. It was an early test of the independence of the Japanese judiciary system and a challenge to the extraterritoriality
Extraterritoriality
Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as military bases of foreign countries, or offices of the United Nations...
provisions of the unequal treaties
Unequal Treaties
“Unequal treaty” is a term used in specific reference to a number of treaties imposed by Western powers, during the 19th and early 20th centuries, on Qing Dynasty China and late Tokugawa Japan...
then in force between Japan and the western powers.
History
On July 9, 1872, the María Luz, a Peruvian cargo ship en route from MacaoMação
Mação is a municipality in Portugal with a total area of 400.0 km² and a total population of 7,763 inhabitants.The municipality is composed of eight parishes, and is located in the Santarém District....
to Callao
Callao
Callao is the largest and most important port in Peru. The city is coterminous with the Constitutional Province of Callao, the only province of the Callao Region. Callao is located west of Lima, the country's capital, and is part of the Lima Metropolitan Area, a large metropolis that holds almost...
, Peru with a cargo of Chinese indentured labourers for Peruvian plantations, called on the treaty port of Yokohama, Japan to repair damage suffered during a severe storm. While anchored at Yokohama, one Chinese coolie
Coolie
Historically, a coolie was a manual labourer or slave from Asia, particularly China, India, and the Phillipines during the 19th century and early 20th century...
aboard escaped by jumping overboard and swimming to the nearby British
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
warship
Warship
A warship is a ship that is built and primarily intended for combat. Warships are usually built in a completely different way from merchant ships. As well as being armed, warships are designed to withstand damage and are usually faster and more maneuvrable than merchant ships...
HMS Iron Duke
HMS Iron Duke (1870)
The first HMS Iron Duke was an iron Audacious-class central battery ironclad.She was originally to have been called HMS Duke but she was nicknamed Iron Duke during construction as she was armoured unlike many other vessels under construction. The phrase was already in circulation as it was a...
. When he was turned over to Japanese authorities at Yokohama port
Port of Yokohama
The is operated by the Port and Harbor Bureau of the City of Yokohama in Japan. It opens onto Tokyo Bay. The port is located at a latitude of 35.27.–00°N and a longitude of 139.38–46°E. To the south lies the Port of Yokosuka; to the north, the ports of Kawasaki and Tokyo.-Facilities:Yokohama Port...
, he complained about severe mistreatment and asked for protection and the rescue of 231 other Chinese aboard who were suffering from the same fate. The captain of the María Luz, Ricardo Herrera, was summoned by Japanese authorities and strongly admonished to treat the escapee with leniency and to take better care of his indentured charges.
However, another Chinese indentured labourer soon escaped, and word reached acting British consul Robert Grant Watson that the first escapee had been brutally treated by the Peruvian captain on his return to the ship. Together with a boarding party of British Marines
Royal Marines
The Corps of Her Majesty's Royal Marines, commonly just referred to as the Royal Marines , are the marine corps and amphibious infantry of the United Kingdom and, along with the Royal Navy and Royal Fleet Auxiliary, form the Naval Service...
, Watson personally inspected the vessel, and found that the rumor was true, and that the Chinese passengers were being treated in conditions similar to slavery
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
. Watson formally approached Japanese Foreign Minister Soejima Taneomi
Soejima Taneomi
was a diplomat and statesman during early Meiji period Japan.-Biography:Soejima was born into a samurai family in Saga, in Hizen province . His father was a teacher in the domain's school and a scholar of National Learning . In 1866, Soejima was sent to Nagasaki by the domain leaders to study the...
to take action.
The Japanese government was initially hesitant to take action, as Japan had no formal diplomatic relations with Peru, whose interests in Japan were being handled by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Kanagawa
Kanagawa Prefecture
is a prefecture located in the southern Kantō region of Japan. The capital is Yokohama. Kanagawa is part of the Greater Tokyo Area.-History:The prefecture has some archaeological sites going back to the Jōmon period...
governor Mutsu Munemitsu
Mutsu Munemitsu
Count was a statesman and diplomat in Meiji period Japan.-Early life:Mutsu Munemitsu was born in Wakayama domain, Kii Province as the sixth son of Date Munehiro, a samurai retainer of the Kii Tokugawa clan...
was strongly opposed to any intervention which might damage Japanese relations with the western nations; however Justice Minister Etō Shimpei
Eto Shimpei
, was a Japanese statesman during the early Meiji period, remembered chiefly for his role in the unsuccessful Saga Rebellion.- Early Life & Meiji Bureaucrat :...
felt that the issue could not be ignored for humanitarian reasons. The head of the State Council, Sanjō Sanetomi
Sanjo Sanetomi
Prince was an Imperial court noble and statesman at the time of the Meiji Restoration. He held many high-ranking offices in the Meiji government.-Biography:Born in Kyoto, Sanjō was the son of Naidaijin Sanjō Sanetsumu...
, authorized Soejima to proceed, and Mutsu resigned his position in protest.
Soejima took steps to prevent the María Luz from leaving port, and after reviewing the ship's records and interviewing the officers, found that its cargo of illiterate indentured laborers had been deceived in Macao into signing contracts, the contents of which they could not read or understand, and were being confined against their will under inhumane conditions. Many had been kidnapped, and most had no idea of the location of their final destination. At a preliminary hearing presided over by Ōe Taku
Oe Taku
was a samurai, bureaucrat, politician, entrepreneur and social activist in the late Meiji and Taishō period Empire of Japan. He is noted as one of the more progressive figures of the early Meiji period, although his record is complex. His wife was the younger daughter of Gotō Shōjirō.-Biography:Ōe...
, a court order allowing the Chinese to go shore at Yokohama was issued, and the court declared that the shipping company owning the María Luz was guilty of wrongdoing. All of the foreign countries represented in Japan at the time were informed of the decision and their opinions were solicited.
However, every country with the exception of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
responded negatively, charging that Japan had overstepped the bounds of various treaties to rule against a foreign company and foreign captain. In addition, the incident had arisen within the borders of Yokohama, which was at the center of the extraterritorial zone
Extraterritoriality
Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as military bases of foreign countries, or offices of the United Nations...
granted by treaty. Ōe turned to Soejima, who upheld the court's decision despite foreign opposition and charges of lack of jurisdiction, and on August 30, Ōe ruled that the Chinese labourers were freed of their contracts.
Herrera challenged the decision in an appeal with English barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
F.V. Dickens (who was fluent in classical Japanese
Japanese language
is a language spoken by over 130 million people in Japan and in Japanese emigrant communities. It is a member of the Japonic language family, which has a number of proposed relationships with other languages, none of which has gained wide acceptance among historical linguists .Japanese is an...
and a translator of Japanese poetry
Japanese poetry
Japanese poets first encountered Chinese poetry during the Tang Dynasty. It took them several hundred years to digest the foreign impact, make it a part of their culture and merge it with their literary tradition in their mother tongue, and begin to develop the diversity of their native poetry. For...
) as his legal advisor. Dickens countered with the argument that involuntary servitude
Involuntary servitude
Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion other than the worker's financial needs...
was practiced in Japan in the form of the sale of prostitutes
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
and in the contractual debts of apprenticeship
Apprenticeship
Apprenticeship is a system of training a new generation of practitioners of a skill. Apprentices or protégés build their careers from apprenticeships...
, and was thus not illegal. He further charged that since the Chinese labourers had been hired in Macao, the case fell within the jurisdiction of Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
due to extraterritoriality agreements between Japan and Portugal, and was supported in this stance by letters from the Portuguese ambassador to Japan. However, Dickens' arguments were not accepted by Ōe, and he lost in a court decision on September 26, with the Japanese judge ruling that the Peruvian captain and contractor were in violation of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, and not Japanese law. After the ruling, Herrera fled from Yokohama to Shanghai
Shanghai
Shanghai is the largest city by population in China and the largest city proper in the world. It is one of the four province-level municipalities in the People's Republic of China, with a total population of over 23 million as of 2010...
on another vessel, abandoning the María Luz at Yokohama.
The Qing dynasty
Qing Dynasty
The Qing Dynasty was the last dynasty of China, ruling from 1644 to 1912 with a brief, abortive restoration in 1917. It was preceded by the Ming Dynasty and followed by the Republic of China....
Chinese government issued an official letter thanking the Japanese government for its strong stance and assistance rendered to Chinese subjects; however, most European nations remained displeased with the court rulings, and supported official diplomatic protests from the Peruvian government. In June 1873, the Japanese government requested that Tsar Alexander II of Russia
Alexander II of Russia
Alexander II , also known as Alexander the Liberator was the Emperor of the Russian Empire from 3 March 1855 until his assassination in 1881...
arbitrate
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
the issue as a neutral party, and in 1875 he confirmed Japan's position.
Significance
The María Luz Incident was a diplomatic victory for Japan in asserting itself against the unequal treaties. The outcome of the incident accelerated the decline of the "coolie trade" in Peru and elsewhere. In Japan, the incident also led to new legislation in late 1872, emancipating burakuminBurakumin
are a Japanese social minority group. The burakumin are one of the main minority groups in Japan, along with the Ainu of Hokkaidō, the Ryukyuans of Okinawa and Japanese residents of Korean and Chinese descent....
outcasts, prostitutes
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
and other forms of bonded labor in Japan.
See also
- Terashima MunenoriTerashima MunenoriCount was a diplomat in Meiji period Japan.-Early life:Terashima was born to a samurai family in Satsuma domain . He studied rangaku and was appointed as a physician to Satsuma daimyō Shimazu Nariakira...
, key negotiator for Japan during the incident - Ōe TakuOe Takuwas a samurai, bureaucrat, politician, entrepreneur and social activist in the late Meiji and Taishō period Empire of Japan. He is noted as one of the more progressive figures of the early Meiji period, although his record is complex. His wife was the younger daughter of Gotō Shōjirō.-Biography:Ōe...
, judge of the management of foreign affairs at the port of Yokohama - Soejima TaneomiSoejima Taneomiwas a diplomat and statesman during early Meiji period Japan.-Biography:Soejima was born into a samurai family in Saga, in Hizen province . His father was a teacher in the domain's school and a scholar of National Learning . In 1866, Soejima was sent to Nagasaki by the domain leaders to study the...
, foreign minister during the affair - Chinese Peruvian
External links
- "Freedom without slavery? The Case of the Maria Luz and the Question of Emancipation in Nineteenth Century Japan", Daniel Botsman http://www.sal.tohoku.ac.jp/~kirihara/public_html/cgi-bin/shibusawa/Daniel_Botsman.pdf