It will need no argument for those familiar with the habitual ways of the Korean Government in dealing with foreign affairs to establish the necessity that Japan should make more definite, explicit, and comprehensive, the Protocols of February 23 and August 22, 1904. Foreign affairs have always been with the Emperor and Court of Korea a particularly favorable but mischievous sphere for intrigue and intermeddling. The Foreign Office has never had any real control over the agents of the government, who have been the tools of the Emperor in their dealings with foreign Legations. The Korean Foreign Minister in 1905 was not an efficient and responsible representative of either the intentions or the transactions of his own government; instructions were frequently sent direct from the Palace to Ministers in other countries; foreign Legations had, each one, a separate cipher to be used for such communications; and there were several instances of clandestine communication with agents abroad, even during the Russo-Japanese war. To guard, therefore, against the repetition of occurrences similar to those which had already cost her so dearly, Japan’s interests demanded that her control over the management of Korea’s foreign affairs should be undivided and unquestioned.

It was not, however, in the interests of Japan alone that the management of Korea’s foreign affairs was to pass out of her own hands. It was distinctly, as events are fast proving beyond a reasonable doubt, for the advantage of Korea herself. In any valid meaning of the word, Korea had never been “independent” of foreign influences, dominating over her and corrupting the officials within her own borders. For centuries these influences came chiefly from China; for a decade, chiefly from Russia and other Western nations. The Treaty of 1905 was also, just as distinctly—so, we believe, the events will ultimately prove—for the advantage of these Western nations, and of the entire Far East.

It is, therefore, highly desirable, not only as vindicating the honor of Marquis Ito and of the Japanese Government, but also as establishing the Protectorate of Japan over Korea upon foundations of veracity and justice, that the exact and full truth should be known and placed on record before the world, concerning the Convention of November, 1905. This is the more desirable because of the gross and persistent misrepresentations of the facts which have been repeated over and over again—chiefly by the same persons—down to the time of the appearance of the so-called Korean Commission at The Hague Conference of 1907.[33] His Majesty the Emperor (now ex-Emperor) of Korea has, indeed, publicly proclaimed his intention not to keep a treaty “made under duress” and through fears of “personal violence”; he has also made it appear that the signatures and the Imperial seal upon the document were fraudulently obtained. Meantime, he has sedulously (and, we believe, with such sincerity as his nature admits) cultivated and cherished the friendship of the Japanese Resident-General who negotiated, and who has administered affairs under, the Treaty. How he lost his crown, at the hands of his own Ministry, for his last violation of the most solemn provisions of the same treaty, is now a matter of universal history.

Marquis Ito arrived at Seoul, as the Representative of the Japanese Government, to conclude a new Convention with Korea, during the first week of November, 1905. He was the bearer of a letter from his own Emperor to the Emperor of Korea, which frankly explained the object of his mission. What follows is the substance of His Japanese Majesty’s letter.

“Japan, in self-defence and for the preservation of the peace and security of the Far East, had been forced to go to war with Russia; but now, after a struggle of twenty months, hostilities were ended. During their continuance the Emperor of Korea and his people, no doubt, shared the anxiety felt by the Emperor and people of Japan. In the mind of His Majesty, the Emperor of Japan, the most absorbing thought and purpose now was to safeguard the future peace and security of the two Empires, and to augment and strengthen the friendly relations existing between them. Unfortunately, however, Korea was not yet in a state of good defence, nor was the basis for a system of effective self-defence yet created. Her weakness in these regards was in itself a menace to the peace of the Far East as well as to her own security. That this was unhappily the case was a matter of as much regret to His Majesty as it could be to the Emperor of Korea; and for this reason the safety of Korea was as much a matter of anxiety to him as was that of his own country. His Majesty had already commanded his Government to conclude the Protocols of February and August, 1904, for the defence of Korea. Now, in order to preserve the peace which had been secured, and to guard against future dangers arising from the defenceless condition of Korea, it was necessary that the bonds which united the two countries should be closer and stronger than ever before. Having this end in view, His Majesty had commanded His Government to study the question and to devise means of attaining this desirable result. The preservation and protection of the dignity, privileges, and tranquillity of the Imperial House of Korea would, as a matter of course, be one of the first considerations kept in view.

“His Majesty felt sure that if the Emperor of Korea would carefully consider the general situation and its bearing upon the interests and welfare of his country and people, he would decide to take the advice now earnestly tendered to him.”

It should be noticed that this address from His Imperial Majesty of Japan to the Korean Emperor—the sincerity of which cannot be questioned—is pervaded with the same spirit as that which has characterized the administration, hitherto, of the Japanese Residency-General.

Marquis Ito informed the Korean Emperor that he would ask for another audience in a few days. His Majesty consented, adding that in the meantime he desired carefully to study the letter from the Emperor of Japan.[34]

On the 15th of November, Marquis Ito had a private audience which lasted about four hours, and in which he frankly explained the object of his mission.... The Emperor began the interview by complaining of certain injuries done by the Japanese civil and military authorities during the war. He dwelt at length upon past events, saying, among other things, that he had not wished to go to the Russian Legation in 1895, but had been over-persuaded by those about his person.

Marquis Ito replied that as he would remain in Korea for some time, there would be ample opportunity for a full exchange of views regarding the matters to which His Majesty referred. At the present moment he felt it to be his imperative duty to beg His Majesty to hear the particulars of the mission with which he had been charged by his Imperial Master. From 1885 onward, he went on to say, Japan had earnestly endeavored to maintain the independence of Korea. Unfortunately, Korea herself had rendered but little aid in the struggle which Japan had maintained in her behalf. Nevertheless, these efforts had preserved His Majesty’s Empire, and, although there might have been causes of complaint, such as those to which His Majesty had just referred, in justice to Japan it should not be forgotten that in the midst of the great struggle in which she had been engaged, it was unhappily not possible wholly to avoid such occurrences. If His Majesty would consider all the circumstances, he would undoubtedly realize that in the midst of the absorbing anxiety of that momentous contest and of the heavy burdens it imposed upon Japan, whatever fault might attach to her as regarded the matters of which His Majesty had spoken was at least excusable. Korea, on the other hand, had borne but a small portion of the burden created by the necessity of defending and maintaining a principle in which she was as deeply interested as Japan—namely, the peace and security of the Far East. Turning to the future, however, it could be clearly perceived that in order effectively to ensure the future peace and security of the Far East, it was imperatively necessary that the bonds uniting the two countries should be drawn closer. For that purpose, and with that object in view, His Majesty the Emperor of Japan had graciously entrusted him with the task of explaining the means which, after mature and careful deliberation, it had been concluded should be adopted.

The substance of the plan which had been thus formulated might be summed up as follows: ... The Japanese Government, with the consent of the Government of Korea, to have the right to control and direct the foreign affairs of Korea, while the internal autonomy of the Empire would be maintained; and, of course, His Majesty’s Government, under His Majesty’s direction, would continue as at the present time.

Explaining the objects of the Agreement thus outlined, the Marquis pointed out that it would effectively safeguard the security and prestige of the Imperial House of Korea, while affording the surest means of augmenting the happiness and prosperity of the people. For the reasons stated, and for these alone, the Marquis went on to say, he strongly advised the Emperor to accept this plan; and, taking into account the general situation, and the condition of Korea in particular, he earnestly hoped that His Majesty would consent. The Japanese Minister was authorized to discuss the details with His Majesty’s Ministers.

The Emperor in reply expressed his appreciation of the manifestation of sincere good-will on the part of the Emperor of Japan, and his thanks. Although he would not absolutely reject the proposal, it was his earnest desire to retain some outward form of control over the external affairs of Korea. As to the actual exercise of such control by Japan, and in what manner it should be exercised, he had no objections to urge.

Marquis Ito enquired what was meant by “outward form.”

The Emperor replied, “the right to maintain Legations abroad.”

The Marquis then stated that, in accordance with diplomatic rules and usage, there was in that case no difference between the form and the substance of control. Therefore he could not accept the suggestion. If Korea were to continue to have Legations abroad, she would in fact retain control of the external relations of the Empire. The status quo would be perpetuated; there would be constant danger of the renewal of past difficulties; and again the peace of the East would be threatened. It was absolutely necessary that Japan should control and direct the external relations of Korea. This decision was the result of most careful investigations and deliberations; it could not be changed. Marquis Ito further stated that he had brought a memorandum of the agreement which it was desired to conclude; and this he then handed to the Emperor.

The Emperor, having read it, expressed his implicit trust in Marquis Ito, saying that he placed more reliance upon what he said than upon the representations of his own subjects. [It may seem a strange comment upon the working of His Majesty’s mind, but all my observations and experiences, while in Korea, lead me to believe in the veracity of this declaration. To the last, the Emperor trusted the word of the Marquis Ito.]... If, however, he accepted the agreement and retained no outward form of control over Korean foreign affairs, the relations of Japan and Korea would be like those of Austria and Hungary; or Korea’s condition would be like that of one of the African tribes.

Marquis Ito begged leave to dissent. Austria and Hungary were ruled by one monarch; whereas in this case His Majesty would still be Emperor of Korea, and would continue as before to exercise his Imperial prerogatives. As for the presumed resemblance to an African tribe, that could hardly be considered in point; since Korea had a Government established for centuries and therefore a national organization and forms of administration such as no savage tribe possessed.

The Emperor expressed appreciation of what the Marquis said, but repeated that he did not care for the substance, and only wished to retain some external form of control over Korea’s foreign affairs. He therefore hoped that the Marquis would inform his Emperor and the Japanese Government of this wish and would induce them to change the plan proposed; this wish he reiterated a number of times. [There were undoubtedly two reasons, entirely valid from his point of view, for the endeavor to secure this change. The first was the very natural desire to “save his face”; and the second was the—with him—scarcely less natural desire to leave room for intrigue to contest the scope of the terms agreed upon while claiming to be faithful to their substance.]

The Marquis stated that he could not comply with the request of His Majesty. The draft was the definitive expression of the views of the Japanese Government after most careful consideration, and could not be changed as His Majesty desired. He then quoted the Article in the Portsmouth Treaty wherein Russia recognizes the paramount political, commercial, and economic interests of Japan in Korea. There was only one alternative, he added: either to accept or to refuse. He could not predict what the result would be if His Majesty refused, but he feared that it might be less acceptable than what he now proposed. If His Majesty refused, he must clearly understand this.

The Emperor replied that he did not hesitate because he was ignorant of this fact, but because he could not himself decide at that moment. He must consult his Ministers and ascertain also “the intention of the people at large.”

The Marquis replied that His Majesty was, of course, quite right in desiring to consult his Ministers, but he could not understand what was meant by consulting “the intention of the people.” Inasmuch as Korea did not have a constitutional form of government, and consequently no Diet, it seemed rather a strange proceeding to consult “the intention of the people.” If such action should lead to popular ferment and excitement and possibly public disturbances, he must respectfully point out that the responsibility would rest with His Majesty.

Finally, after some further discussion, the Emperor requested Marquis Ito to have Minister Hayashi (who held the power to negotiate the proposed agreement) consult with his own Minister for Foreign Affairs. The result could be submitted to the Cabinet; and when that body had reached a decision His Majesty’s approval could be asked.

Marquis Ito said that prompt action was necessary, and requested His Majesty to summon the Minister for Foreign Affairs at once, and to instruct him to negotiate and sign the agreement. The Emperor replied that he would give instructions to the Minister for Foreign Affairs to that effect. Marquis Ito stated that he would remain awaiting the conclusion of that agreement, and would again request His Majesty to grant him an audience.

Before this first audience ended the Emperor again asked Marquis Ito to persuade His Majesty of Japan to consent that Korea should retain some outward form of control over her foreign affairs; but again Marquis Ito refused. This repeated refusal of Japan’s Representative to concede anything whatever as an abatement of his country’s control in the future over Korea’s relations to foreign countries distinctly reveals the nature of the only treaty that could then possibly have been concluded between the two Powers. On the following day, the 16th of November, Marquis Ito had a conference with all of the Cabinet Ministers, except the Minister for Foreign Affairs, who on the same day began negotiations with Minister Hayashi. Marquis Ito explained fully to the Korean Ministers the object of his mission and the views of his Government.

On the 17th of November, at 11 A. M., all of the Korean Ministers went to the Japanese Legation, lunched there, and conferred with Mr. Hayashi until 3 o’clock, when they adjourned to the Palace and held a meeting in the Emperor’s presence. Their decision was, finally, to refuse to agree to the Treaty in the form in which it had been proposed. Marquis Ito was taking dinner with General Hasegawa, when, at 7.30, he received a message from Mr. Hayashi conveying this intelligence and a request to come to the Palace.[35] Accordingly, at 8 o’clock, he went to the Palace in company with General Hasegawa, the latter’s aide, and the three or four mounted gendarmes, who accompanied Marquis Ito wherever he went. There were no other Japanese guards or soldiers in attendance, and none in the immediate vicinity of the Palace. The gendarmes who accompanied the Marquis did not enter the Palace precincts, and all the gates and entrances were guarded as usual by Korean soldiers, Korean gendarmes and Korean policemen. Precautions had indeed been taken to preserve order in the city, as some outburst of mob violence was possible. The necessity of this precaution was shown later in the night when an attempt was made to set fire to the house of Mr. Yi Wan-yong, Minister of Education (now Prime Minister). It was only when the conference was ended that, at the express request of the Korean Ministers, a small number of gendarmes was summoned to accompany them to their homes. [This precaution will not seem excessive, or threatening of violence to others, in the eyes of one who, like myself, has spent a period of two months in Korea, characterized by repeated attempts to assassinate the Ministers, who always went guarded by Korean and Japanese gendarmes. See pp. 66 ff.]

Upon arriving at the Palace, Marquis Ito was informed by Mr. Hayashi that, although His Majesty had ordered the Cabinet to come to an agreement which would establish a cordial entente with Japan, and although the majority of the Cabinet Ministers were ready to obey His Majesty’s commands, Mr. Han, the Prime Minister, persistently refused to obey. Marquis Ito thereupon, through the Minister of the Household, requested a private audience with His Majesty.

It should be explained here that during all of the proceedings, which took place in the rooms on the lower floor of the “Library,” the Emperor was in his rooms in the upper story, and was never personally approached by any one except, as hereafter stated, by his own Ministers. It may also be added, in explanation of the time of the conference, that it had been His Majesty’s invariable practice for years to transact important public business at night. He turned night into day in that regard and the Cabinet Ministers had customarily been obliged to attend in turn at the Palace and remain there all night long.

To the request for a private audience the Emperor replied that although he would be pleased to grant an audience at once, he was very tired and was suffering from sore throat—the plea of indisposition being one to which he is accustomed to resort for avoiding audiences. Therefore he preferred that Marquis Ito should consult with his Ministers whom he would instruct to negotiate and conclude an agreement establishing a cordial entente between Korea and Japan. At the same time that the Emperor requested the Marquis to consult with the Cabinet for that purpose, the Minister of the Household informed the Cabinet Ministers that His Majesty commanded them to negotiate with Marquis Ito.

Marquis Ito then turned to the Prime Minister, and, repeating what Mr. Hayashi had told him, enquired whether the statement correctly represented his attitude. The Prime Minister replied that it was correct. His Majesty had often commanded him to come to an understanding with the Japanese Minister, but he had refused. Then the other Ministers had accused him of disloyalty in disobeying His Majesty’s commands. He himself could not but feel that the accusation was well founded and, on that account, he wished immediately to resign his office and to await the Imperial punishment for his disobedience. As he had informed Marquis Ito the day before, although he was perfectly well aware that Korea could not maintain her independence by her own unaided efforts, he still wished to retain the outward semblance of control over the Nation’s foreign relations.

Thereupon Marquis Ito said that the last thought in his mind would be to try to force the Prime Minister to do any thing which would destroy his country. The Minister had said, however, that he wished to resign because he had been disloyal in disobeying the Emperor’s commands. It did not seem to him, the Marquis, that this was either a dignified, or a sensible course for a Minister of State to adopt. The management of public affairs required decision. If the Prime Minister could not come to some understanding with Japan’s representatives, as his own Majesty the Emperor had commanded him to do, he was seriously jeopardizing his country’s interests. The Marquis could not believe that this was genuine loyalty. There was only one alternative before the Prime Minister, either to obey the Imperial order, or, carefully considering the gravity of the situation, to do what he could to change the Imperial opinion. He then asked the Prime Minister to request the other Ministers, in accordance with the Emperor’s command, conveyed through the Minister of the Household, to give their views regarding the proposed agreement. This the Prime Minister proceeded to do.

The Minister for Foreign Affairs, Mr. Pak Chi-sun (afterwards Acting Prime Minister) stated that, as he had informed the Japanese Minister, he was opposed to the treaty and did not wish to negotiate it; but if he was ordered to do so, he would comply. The Marquis asked what he meant by “ordered”; did he mean an Imperial order? Mr. Pak assented.

The Minister of Finance, Mr. Min Yong-ki, said that he was opposed to the treaty. (He remained in office for a year and a half after the conclusion of the treaty, considering, no doubt, that the Imperial command absolved him from responsibility.)

The Minister of Education, Mr. Yi Wan-yong (now Prime Minister), replied that he had already expressed his opinion fully in His Majesty’s presence. The request of Japan was the logical result of existing conditions in the East. The diplomacy of Korea, always changing, had forced Japan into a great war which had entailed on her heavy sacrifices, and in which, finally, she had been victorious. Korea must accept the result and aid in maintaining the future peace of the East by loyally co-operating with Japan.

The Minister of Justice, Mr. Yi Ha-yung (who had been Minister for Foreign Affairs during the war), stated that, in his opinion, the Protocols of February 23 and August 22, 1904, already gave Japan practically all that she now asked. Consequently he did not think that the new Treaty was necessary.

Marquis Ito then said to him that the opinion he had expressed at the conference of the previous day was somewhat different, and that he had appeared at that time to be in favor of the Treaty. The Minister assented, but added that then, as now, he thought that the Protocols would have been amply sufficient if Korea herself had faithfully observed the obligations they imposed upon her.

The Minister of War, Mr. Yi Kun-tak, stated that in His Majesty’s presence he had supported the Minister of Education in the position described by the latter. Finally, however, he had cast his vote in favor of the Prime Minister’s proposal that they should insist upon a Treaty which retained to Korea the outward form of control over her foreign relations. He would now agree to the proposed treaty, however.

The Minister of Home Affairs, Mr. Yi Chi-yung, said that having negotiated and signed the Protocol of February 23, 1904, he had naturally associated himself with the Minister of Education in His Majesty’s presence, and he now did the same.

The Minister of Agriculture, Commerce and Industry, Mr. Kwon Chong-hiun, said that he had seconded the proposal of the Minister of Education and was of course in favor of the Treaty. He desired, however, to suggest several amendments.

After some further consultation, Marquis Ito turned to the Prime Minister, and said that there were but two of the Ministers opposed to the Treaty. The recognized method of deciding such questions was by a majority vote, and, as the Prime Minister had seen, the majority of the Cabinet were in favor of negotiating and concluding the Treaty. It was the duty of the Prime Minister accordingly, bearing in mind the Imperial command, to proceed to accomplish this result in due form. Thereupon the Prime Minister, saying something about disloyalty, burst into tears and went hastily into the next room. After a few moments Marquis Ito followed him, and found him still greatly agitated. The Marquis spoke to him gently, and, repeating his former arguments, tried to persuade him that it was his duty as a loyal servant to obey the Imperial command by assisting in the negotiation and conclusion of the Treaty. Finding, however, that his efforts were fruitless, Marquis Ito returned to the other room, leaving Mr. Han alone.[36]

After Mr. Han’s disappearance from the scene, and upon the Marquis’ return to the room, the latter addressed the Minister of the Household, stating that, as he had seen, the Cabinet Ministers, with two exceptions, had expressed their willingness to accept the Treaty in principle; and of the two dissenting Ministers one, the Minister for Foreign Affairs, had said that he would sign the Treaty if he received the Imperial command to do so. Turning then to the Ministers, he enquired whether they were willing to proceed as commanded by His Majesty, with the consideration of the Treaty, and of the amendments, which several of their number had expressed a desire to present. The Ministers replied that they were ready to do so, but wished the Minister of the Household to be present. Accordingly the deliberations were conducted in the presence of that official.

The Treaty was then considered in detail. The Minister of Education proposed an amendment, stipulating that the functions of control to be exercised by Japan should be confined exclusively to administration of the foreign relations of Korea. Marquis Ito replied that he could not accept this amendment, but after some discussion proposed the insertion of the word “primarily” in the Article.[37]

The Minister of Justice proposed an amendment stipulating that Japan would guarantee to maintain the peace, security and prestige of the Imperial Household. This Marquis Ito accepted and wrote the amendment with his own hand.

After some further deliberation the treaty in its amended form was agreed to. The Minister of the Household, accompanied by Mr. Yi Chi-yung, Minister of Home Affairs, then took the document to the Emperor. After a time they returned, saying that His Majesty was satisfied with the instrument as amended and gave it his sanction. He instructed them to say, however, that he desired to add one more amendment. It was to insert in the preamble a stipulation to the effect that when Korea became able again to exercise the functions surrendered to Japan by the Treaty, she would be entitled to resume the control of her foreign relations. To this proposal Marquis Ito assented, and again wrote the amendment with his own hand. The two Ministers took the completed instrument to His Majesty, and in a short time returned saying His Majesty was “quite satisfied and approved the Treaty.”

The copyists then began preparing the copies for signature, and the Minister of Foreign Affairs went to the telephone and ordered the clerk in charge to bring the seal of the Foreign Office to the Palace.

The Minister of the Household, who had again repaired to the Imperial presence, returned while this was going on with the following message from the Emperor to Marquis Ito, which is here repeated verbatim:—“Now that this new Agreement has been concluded our countries should mutually congratulate each other. We feel tired, as we are not well, and shall retire. You, who have reached an advanced age and have remained awake until this late hour, must also be greatly fatigued. Please, therefore, return to your home and sleep well.”

Marquis Ito returned thanks for this gracious message, but remained until the Treaty had been copied and duly signed by Mr. Pak, the Korean Minister for Foreign Affairs, and by Mr. Hayashi, the Japanese Minister. He then returned to his hotel. In a short time the seal of the Foreign Office was brought to the Palace, and Mr. Pak, with his own hand, affixed it to the four copies of the instrument which had been made.[38]

The conclusion of the Treaty was not followed by any noticeably great public excitement in Seoul. Crowds collected in the streets, and there were one or two trifling brawls, but nothing of great consequence. The policing of the streets was entirely in the hands of the Korean gendarmes and the mixed force of Korean and Japanese police under the direction of Mr. Maruyama, Police Adviser to the Korean Government. Nor, in order to preserve the public peace, was there at any time necessary any exhibition of a large force, either of police or of gendarmes in any one locality. They went about singly or in twos or threes, and the crowds were, as a rule, orderly.

The Convention thus concluded on November 17, 1905, with the object of strengthening the principle of solidarity which unites the two Empires, provides that the complete control and direction of Korean affairs shall hereafter rest with the Japanese Government, and that a Resident-General shall reside in Seoul, “primarily for the purpose of taking charge of and directing matters relating to diplomatic affairs.” It also provides for the appointment of Residents, subordinate to the Resident-General, who shall occupy the open ports and such other places in Korea as the Japanese Government may deem necessary. Article IV stipulates that all treaties and agreements subsisting between Japan and Korea, not inconsistent with the provisions of the Convention itself, shall continue in force. Furthermore, Japan engages to maintain the welfare and dignity of the Imperial House of Korea.

This is the substance of the Convention of 1905. Its effect was to substitute Japan for Korea in all official relations with foreign Powers, past as well as future. In other words, foreign nations must hereafter deal directly and exclusively with Japan in everything affecting their diplomatic relations with Korea. Japan, on her part, is equally bound to respect and maintain all treaty rights and all treaty engagements granted by Korea in the past. The “principle of solidarity which unites the two Empires” implies, and in fact actually includes, even more than this. While the functions of Japan’s direct and exclusive control were primarily confined to matters connected with the direction of foreign affairs, some measure of control over Korea’s domestic affairs also is necessarily implied. It is not to be supposed, for example, that Japan could permit internal disorders, or the perpetuation of domestic abuses, or, in brief, any of those disturbing conditions which had hitherto prevented Korean progress and development. International control, dissociated from an orderly and progressive domestic policy, is not practicable; it is not even conceivable. The complications and embarrassments which would inevitably arise from such a complete dissociation of the two functions of government would far outweigh the advantages. One of the most fruitful sources of international difficulties in Korea has always been found in domestic misgovernment. Having assumed the responsibility and the obligations incident to the direction of foreign affairs, Japan has the right to ask, and, if need be, to insist, that her task shall not be made heavier by Korea herself. This did not, indeed, imply, that Japan should assume charge of the administrative machinery of the Korean Government, but that she should enjoy the right to have recourse to those measures of guidance which naturally and properly fall within the sphere of the duties she had assumed. Fortunately, however, any discussion relating to this question must of necessity be purely academic; since not only the Convention of November 17th, but also the Protocols and other Agreements concluded before that time give ample warrant for everything Japan has attempted or accomplished in this regard.

If corroborative evidence is needed for the account just given of the negotiations which ended in the Convention of November, 1905, and upon the basis of which Marquis Ito, as the Representative of the Japanese Government, had been conducting his administration in Korea up to the time of the new Convention of July, 1907, it is afforded in fullest measure in the following manner. A notable “Memorial” regarding the circumstances under which the earlier agreement was formed was presented to the Korean Emperor on the fifteenth of December of the same year; this document lends the authority of all the other chief actors in this event to every important detail of the account as already given.[39]

The memorialists were Pak Chi-sun, former Minister for Foreign Affairs; Yi Wan-yong, Minister of Education; Kwan Chung-hiun, Minister of Agriculture, Commerce and Industry; Yi Chi-yung, Minister of Home Affairs; and Yi Kun-tak, Minister of War. The occasion of the memorial was the agitation against the Treaty which was then at its height, and on account of which these five Ministers were being denounced in petitions to the Throne, and in the public press, as traitors to their country. The purpose of the memorial was to show that the actual responsibility for the conclusion of the Treaty rested with the Emperor himself. By relating all the circumstances in detail (in particular the occurrences at the conference on the evening of November 17th) the memorialists brought this fact out into the boldest prominence. Their memorial was, in effect, both a charge which fixed the responsibility for the Treaty on the Emperor, and a challenge to the Emperor to deny that the Treaty was concluded in accordance with his own orders. It was a challenge which His Majesty did not accept; on the contrary, by approving the memorial, as he did formally, he acknowledged the truth of the statements it contained. It was, indeed, officially published at the time, as approved by the Emperor.[40] Moreover, this memorial was prepared by its authors and presented to the Throne without the previous knowledge of the Japanese authorities. In fact, it contained certain interesting and important details of which they then learned for the first time.

The memorialists began with the statement that, by reason of His Majesty’s generosity, they are entrusted with the responsibilities of Ministers of State, although they do not merit such distinction. They have seen the petitions denouncing them to the Emperor as traitors. Those petitions affirm that the state has been destroyed; that the people have become slaves; and that Korean territory is now the property of another state. These opinions are indeed almost too absurd to be noticed; but since they affect the independence and dignity of the nation, the memorialists cannot permit them to pass without protest. The new Treaty with Japan does not change the title of the Empire or affect its real independence. The prestige of the Imperial House remains as before; the social fabric of the Empire is unaffected; and the country is in a peaceful condition. The only change is that the management of the foreign affairs of the country has been placed under the control of a neighboring state. Besides, the Treaty which brings about this result is by no means a new arrangement. It is the direct result of the Protocols concluded in 1904, and does not differ from them in object or in principle. If these persons who now so loudly proclaim their patriotism are really sincere and courageous men, why did they not denounce those Protocols when they were made and maintain their opposition with their lives? None of them did that then; yet now they clamor for the abolition of all these arrangements and for the restoration of the old order of things. It is impossible to agree with them.

We desire, the memorialists go on to say, now to state the actual facts of the conclusion of the new Treaty:

The memorial then goes on to consider the amendments[41] which it was thought would be desirable, and which were those subsequently proposed at the conference with Marquis Ito. The Emperor approved these amendments and himself suggested an amendment to the effect that in Article I of the convention the word “sole” in the sentence “shall have sole control” should be omitted. [This word, it may be remarked in passing, appeared in the original draft, but was not included in the Article as finally agreed to.]

Finally, when these deliberations terminated, the Ministers collectively addressed the Emperor, and stated that although they had conferred upon the adoption of possible amendments, they were still prepared, if His Majesty so ordered them, to refuse altogether to accept the Japanese proposals. In reply the Emperor commanded them not to reject the Treaty finally and conclusively. On leaving, Mr. Han, speaking as Prime Minister, and Mr. Pak, as Minister for Foreign Affairs, stated that they would not disobey His Majesty’s commands.

Then follows the account of the Conference with Mr. Hayashi, in which it is stated that the Prime Minister, while acknowledging that the Emperor had ordered him and his colleagues to come to some arrangement with the Japanese Minister, refused to consider any of the various proposals made by the latter. After that Marquis Ito arrived and the account of what happened subsequently, as given in the memorial, is the same in all essential details as that related in the first part of this chapter.[42]

With regard to this Treaty as a whole no advocate of Japan will, of course, claim that it was entered into by Korea with a willing heart—much less, in a jubilant spirit. It is seldom, indeed, that treaties of any sort are concluded between two countries with apparently conflicting interests, where both are equally well satisfied with their terms. In all cases in which one party is compelled on grounds of expediency, or of fear that greater evils will follow the rejection of the terms proposed by the other party, there is a sense in which it may be said that the will is not free, but that the deed is done “under a sort of compulsion.” But if all treaties made under such conditions may be repudiated when conditions are changed, or if either of the parties to a treaty may act with treachery, and without punishment, when called upon to carry out faithfully the contracts thus entered into, the peace of the world cannot be secured or even promoted by any number of treaties. A feeling of regret and chagrin, especially on the part of the official classes and, indeed, of the educated men of Korea in general, was to be expected. So far as it was sincere and unselfish, the feeling was honorable; and for it the Resident-General and all those agreeing with his policy have never shown any lack of respect. But, as has already been made clear, the important thing with the millions of Korea is not, who are Cabinet Ministers, or who manages the foreign affairs of the country, or even who is Emperor; for them the important thing is the character of the local magistrates and the amount of their “squeezes.”

Protests and petitions followed the enactment of the Treaty of November, 1905. The Emperor refused to receive the petitions or to give audience to the petitioners. And when two men, among the most sincere and blameless of his subjects—General Min Yung-whong and Mr. Choi Ik-hiun—persisted in petitioning to be punished (as would have been in accordance with Korean custom under similar circumstances) for their disobedience to the Emperor’s commands in refusing to accept the Treaty, the Emperor declined to punish them. The petitioners then transferred their efforts from the Palace to the Supreme Court, and were disappointed there also. One of them, perhaps both, undertook to punish themselves by suicide. General Min thus became the typical martyr of the period. He is described by one who knew him well as “a man of amiable character, of dignified manners, and pleasing address. He was known at one time as the ‘good Min,’ to distinguish him from the other members of the family to which the late Queen belonged.” But it has already been shown that, during the entire course of Korea’s history, such men have almost always been without sufficient influence, or strength of character, to serve their country well and escape death—usually, at the hands of the Emperor or their rivals, sometimes, however, by their own hands. For a time the air was full of rumors of suicide and uprisings; but in fact there was little of anything of the kind, even in Seoul; the stories of wholesale suicides are false. Beyond Seoul, and outside of a few of the larger towns in which greater numbers of the Yang-bans resided, there was scarcely any excitement of any kind. The Treaty then went into effect, on the whole quietly, under Marquis Ito who had negotiated it as the Representative of Japan.

In this way the Japanese Government in Korea was substituted for the Korean Government in all matters affecting the relations of foreign countries, and their nationals, to the peninsula. The retirement of the Foreign Legations followed logically and as a matter of course. It is needless to say that this change of responsibility for the conduct of these relations was accepted without dissent or formal protest from the Governments of the civilized world. Indeed, with the exception of Russia, all the nations supremely interested had acknowledged already that, under the Protocols of 1904, Korea had lost its claim to be recognized as an independent state in respect of its foreign affairs.