Introduction: A Clash of Politics, Law, and National Honor
In the annals of history, some events stand out not only for their immediate impact but for the profound questions they raise about justice, sovereignty, and courage. The 1891 Otsu Incident in Japan, involving an assassination attempt on the Russian Crown Prince Nicholas during a state visit, is one such episode. While overshadowed internationally by more famous assassinations like that of Archduke Franz Ferdinand in 1914, the Otsu Incident holds an important place in Japanese history for the way it tested the young nation’s commitment to rule of law, judicial independence, and diplomatic restraint.
At the heart of this drama was a remarkable figure, Judge Kojima Korekata, who stood firm against political pressures that sought to subvert justice in favor of expedience. His unwavering adherence to constitutional principles not only preserved the dignity of the Japanese judiciary but also set a precedent for modern legal governance amid intense nationalist fervor and international tension.
Historical Context: Japan’s Meiji Era and Russo-Japanese Rivalry
The event took place during the Meiji period , a transformative era in which Japan rapidly modernized and sought to assert itself on the world stage. The Meiji government had adopted a constitutional monarchy, introduced Western-style legal systems, and pursued industrial and military reforms to catch up with colonial powers.
However, Japan’s rise was shadowed by growing tensions with neighboring Russia. The two empires vied for influence over Korea, Manchuria, and other parts of East Asia. Russian “Eastward Expansion” stirred nationalist anxieties in Japan, fueling what was known as the “Fear of Russia” or “Russo-phobia.” Against this backdrop, diplomatic visits were fraught with risk, as any incident could trigger conflict.
The Visit of Crown Prince Nicholas to Japan
In April 1891, 23-year-old Crown Prince Nicholas Alexandrovich of Russia, heir to the Russian Empire’s throne, embarked on an extensive Asian tour. Before arriving in Japan, he had traveled through Greece, Egypt, India, Singapore, Thailand, and China, visiting these countries without incident.
Japan welcomed the prince with great fanfare. The visit was intended to strengthen diplomatic ties and showcase Japan’s modernization efforts. However, on April 29, while traveling in the city of Otsu, near Kyoto, a shocking event unfolded.
The Otsu Incident: The Attack on the Crown Prince
A Japanese police officer named Tsuda Sanzō unexpectedly attacked Prince Nicholas with a sword, striking him on the head and causing injury. Tsuda was a staunch nationalist deeply influenced by a popular but erroneous legend: that Saigō Takamori, a famous samurai and leader of the 1877 Satsuma Rebellion, had not died but fled to Russia. Tsuda believed that Saigō might be accompanying the Russian prince back to Japan and felt compelled to act to protect the nation.
The attack shocked Japan and the international community. Given the already tense relations between Japan and Russia, the incident threatened to escalate into a diplomatic crisis or even war. The Russian naval squadron escorting the prince was anchored at Kobe, ready to respond if provoked.
Political Reactions and the Demand for Harsh Justice
The Japanese government faced immense pressure to respond decisively. Ito Hirobumi, then President of the House of Peers and a towering figure in Meiji politics, was among those demanding the strictest punishment for Tsuda. Cabinet ministers debated whether Tsuda should be tried under laws concerning offenses against the imperial family, which would warrant the death penalty, or under ordinary criminal law for attempted murder.
The consensus among politicians was to apply the harsher imperial law to demonstrate Japan’s respect for Russia and to avoid international fallout. The stakes were high: if Russia perceived leniency, it could retaliate militarily. Some government officials even feared that Japan’s national survival was at risk.
Judge Kojima Korekata and the Assertion of Judicial Independence
Amid this politically charged atmosphere, the head of the Supreme Court , Judge Kojima Korekata, took a courageous stand. He publicly opposed the government’s call for applying the imperial law and imposing the death penalty. Kojima argued that such a move violated the constitutional principle of judicial independence enshrined in the Meiji Constitution.
According to Kojima, Tsuda should be tried under ordinary criminal law for attempted murder, not special imperial laws, because no explicit legal provision existed for the former charge to be elevated to the latter. He famously declared, “If the law is unclear, we must not hastily impose the death penalty. We must uphold principles and refuse to bow to political pressure. If judicial independence is lost, then Japan itself is lost. Who else but I shall defend it?”
This stance was both bold and controversial. Kojima faced immense pressure from politicians and officials who argued that the survival of the nation depended on appeasing Russia, even if it meant compromising legal principles. Some even proposed illegal measures, such as bribing or secretly eliminating Tsuda to avoid diplomatic complications, a suggestion Kojima and Ito Hirobumi both rejected.
The Role of Legal Scholars and Public Opinion
Kojima’s position found support among academic circles. Professors like Hozumi Shigeto, a friend of Kojima and a professor at Tokyo Imperial University’s Faculty of Law, publicly advocated for adherence to the law. They warned against sacrificing legal integrity for political expediency, emphasizing that the rule of law was essential for Japan’s long-term stability.
The general Japanese public also responded with remarkable restraint and reason. Despite nationalist sentiments, citizens sent letters and gifts expressing sympathy and goodwill toward the injured Russian prince, recognizing the importance of maintaining peaceful international relations.
The Trial and Its Aftermath
Ultimately, Tsuda Sanzō was tried under ordinary criminal law and sentenced to life imprisonment rather than death. The government’s approach, guided by Kojima’s insistence on legal propriety, helped defuse an international crisis. Russia accepted Japan’s handling of the case, and relations, though strained, did not deteriorate into conflict.
Tsuda was later released on parole due to health reasons but remained a controversial figure. The incident left a lasting imprint on Japan’s legal and political landscape, underscoring the tension between nationalism, diplomacy, and law.
Legacy: Judicial Independence as a Pillar of Modern Japan
The Otsu Incident is often overshadowed by later historical events, but its legacy resonates in modern Japan’s commitment to constitutional governance and judicial independence. Kojima Korekata’s courage in standing firm against political pressure set a precedent that the judiciary must remain impartial and free from government interference, even in matters of national security.
This episode also highlights the challenges faced by emerging modern states in balancing external diplomatic pressures with internal legal standards. It illustrates how the rule of law can serve as a stabilizing force during crises, preventing rash decisions that may jeopardize national honor or peace.
Conclusion: A Testament to Courage and Principle
The attack on Crown Prince Nicholas in Otsu was a moment of intense peril for Japan, threatening to ignite conflict with a great power. Yet, thanks to the principled stand of Judge Kojima Korekata and supportive legal scholars, Japan navigated the crisis with dignity and adherence to justice.
This story reminds us that the strength of a nation lies not only in its military or economic power but also in its institutions and the moral courage of individuals who uphold the rule of law. The Otsu Incident remains a compelling example of how judicial independence and integrity can safeguard a nation’s sovereignty and international standing even in the most turbulent times.