Show on Extraterritoriality I II I In China Signed by 14 Nations I WASHINGTON Oct 1 The The J Ie Department of state slate d receipt of of ad advices vIces that I ne he report leport on extraterritoriality Inh in h q China hina upon which l the lyes IVes es of fourteen governments have haven je en n engaged for for- nearly a year has as s been signed in Peking The re re- re I port ort rt sl signed ned by representatives of all tho the governments Including China will be forwarded to the governments concern concerned d. d The department de department department de- de has received no details as to the nature of the tho report The United States has been represented represented represented rep rep- resented on the international commission commission commission com com- mission by the American minister In Peking John van A A. A MacMur- MacMur ray and Silas Strawn Strawn of Chicago Mr 11 Strawn will sail shortly t for r tb the United States QUESTION CAUSED BOYCOTT The question of extraterritoriality territoriality In China has been given by the Chinese as in part the cause of the year-old year boycott against foreigners foreigners for for- eigners which has cost traders considerable sums of money The present report has been anticipated by the Chinese according to data at the department of state since December 10 10 1923 when the signatories of the Washington Washington Wash Wash- ington conference treaties agreed to relinquish their tonal rights when satisfied that the st state t of Chinese laws' laws warranted them in so doing The examination of Ui the Chinese legal system to ascertain whether or not It gives adequate Justice to foreigners has has' been postponed on at least two occasions In 1923 the United States Great Britain Japan and other nations which held extraterritorial extraterrItorial extraterritorial extra extra- territorial rights were ready to send senda a commission to China but were requested by the Chinese government govern ment to postpone the investigation due to civil wars within the countr coun coun- tr try Again when the commission arrived d in China last winter vInter ready to begin work on December 18 it was delayed by the wars which raged around and Peking I and did not get under way until January 12 The nations represented on the international commission which has just closed its work are those represented at the Washington con- con the United States Belgium the British empire France Italy Japan The Netherlands Portugal and China and also the following adhering powers Denmark Norway Norway Nor Nor- way Peru Spain and Sweden The extraterritoriality of the United States In China consists chiefly of the right of Americans to trial before the American court for tor China sitting in Shanghai and at stated periods periods' also In Canton and This court which is a United States federal court from which appeals may be betaken betaken betaken taken to the circuit court of appeals appeals appeals ap ap- ap- ap peals of the Ninth judicial circuit and thence to the sut supreme reme court of the United States has lias functioned in China since 1906 1908 in iri both criminal criminal crimInal crimi crimI- nal and civil cases The rhe proposal which has seen been under consideration by the commission Oil on on extraterritoriality extraterritoriality extraterritoriality In China would look to the withdrawal of this court and of similar courts of o other her treaty powers The United States now has extraterritorial extraterritorial extraterritorial extra extra- territorial rights for its its' citizens either by treaty or custom in Turkey Turkey Tur Tur- key Morocco Egypt Persia Abyssinia AbyssinIa Abyssinia Abys Abys- sinia and China according to information in information information in- in formation obtained at the department department department depart depart- ment of state The rights in Turkey Turkey Turkey Tur Tur- key go back to the treaty of 1830 Those in Morocco date from 1787 Those in Egypt depend from those obtained from the Ottoman empire in 1830 1530 and today function through the international mixed courts In Egypt on which Egyptian and foreign for eign judges sit sit which were established established established in 1876 With Persia the I extraterritorial rights aI are based on treaty custom an and usage usage usage the ary the treaty being that Of 1853 In Abyssinia extraterritorial rights are accorded Americans under the most favored nation clause dause of the present treaty The extraterritorial rights in China date from 1856 although the treaties treaties treaties trea trea- ties have been revised and modernized modernized modernized mod mod- from time to time The rhe United States formerly had extraterritorial rights with all the countries which formed part of the I Ottoman empire including Bulgaria Bulgaria Bulgaria Bul Bul- garia Serbia and Albania but bit these have been given up These rights also existed In in Tripoli Tunis and Algiers but these have been suspended suspended suspended sus sus- as a result of the acquisition acquIsitIon acquisition tion of these territories as colonies of European p powers There was formerly an an extraterritoriality treaty with Japan made about the same time as that with China but this was abrogated in 1899 Similar Similar Simi Simi- lar rights in Siam Slam were given up with some limitations in 1920 SYSTEM BEGAN IN TURKEY The whole system of extraterritorIality extraterritoriality extraterritoriality had its origin in Turkey lurkey however going back to 1150 following following following fol fol- fol- fol lowing the capture of Constantinople Constantinople Constantinople Constanti Constanti- nople by the Turks at which time the Christians were not accorded the rights lights of justice under the sultan sultan sultan sul sul- tan and were allowed to administer their own problems in their own segregated quai quarters Sunman the Magnificent later gave to Francis FrancisI I of France certain extraterritorial rights for the Franks In Turkey and these were later extended to Other Franks or Europeans as time went vent on These rights were called capitulations The treaty of the United States State with Turkey in 1830 set down these rights as being extended to Americans AmerIcans Americans Amer Amer- and allowing the American consuls to have jurisdiction over over le legal legal legal le- le gal disputes involving Americans The text of this portion of the treaty has long been In dispute between between between be be- tween the Turks and the United States government but its wording has been copied in other treaties of the western powers with Turkey and in fact if not technically the principle of extraterritoriality has prevailed In Turkey Turley The capitulations were abrogated abrogated abrogated abro abro- gated by the Turks after the nationalistic nationalistic nationalistic na na- na- na insurgence in 1920 and the change has been accepted by bythe bythe bythe the European powers hut but pending ratification of the new United Turkey States-Turkey treaty which is now before the senate this government has not recognized the abrogation of the capitulations by the Turks MEANING OF SYSTEM The whole system of extraterritorial extraterritorial i- i rights grew from the capitulations capitulations capitulations lations in Turkey the occidental powers considering that where the local laws of any country were greatly different from theft their own their citizens should have the right of trial by their own consuls or UI other officials Extraterritoriality thus cane canje to mean two things 1 the right to apply a European or American nations nation's own laws to Its nationals nationals' wh wherever rever they were were and 2 wherever a foreigner was a de defendant defendant defendant de- de in any legal matter that the consulate of that foreigner should take jurisdiction of the case From this system grew the United States policy of exacting extraterritorial rights for forAmer Americans Amer AmerIcans leans in all countries where the laws and courts were greatly different dif lIf- ferent from those of the United States It was explained at the department department department de de- de- de of state that extraterritoriality extraterritoriality extraterritoriality has been abandoned as Conditions in the countries involved have appealed to the department as justifying tha chan change e |