Extraterritoriality and tariff autonomy in China

Foreword

This is not another piece of propaganda,—either foreign or Chinese. It is simply an effort—perhaps quite futile—to outline the basic facts regarding extraterritoriality and the Chinese tariff system with sufficient clarity to enable a ready comprehension of their significance.

Upon second thought, however, this outline may perhaps be called a piece of propaganda on behalf of facts,—facts which are of the utmost importance in current Chinese problems, but which appear to the busy general reader willnigh inaccessible, hidden as they are amid tomes that have all too narrow a circulation.

In compiling the present manual, the underlying principle has been to base it throughout upon the most authoritative reference available, and to quote freely from those standard ' treatises. Consequently no claim to originality can be made. Nor, on the other hand, can completeness be claimed, inas- — much as the primary aim has been to prepare merely a simple outline. Many facts, and many opinions both Chinese and foreign, have necessarily been omitted. But it is hoped that in so far as a rough sketch can possibly be a true picture, the outline will give a correct view of the problems under consideration. Doubtless there will be many criticisms, but if these criticisms prove to come equally from the two sides in the present controversy, the writer will feel that he has probably attained his purpose of impartially and objectively presenting the basic facts which, given light and air, are quite able to speak for themselves.

For the repetitions, and any obscurities or inaccuracies which appear in the presentation of those facts, the writer assumes full responsibility, while at the same time desiriug to express his indebtedness for the elimination of many such points to Professor H. C. Brownell of Canton Christian College, whose criticisms of the manuscripts were highly helpful and warmly appreciated.

Ras.

Preface

What China’s critics fail to realize is that she is in the process of reconstruction. Not only her political structure and thinking are being changed but, more important than that, her social structure and social thinking are having to change also. This latter requires time but its progress is steady. Its consummation is not to come in the form of something superimposed, but by gradual advance from within Education, in the broad sense of the word, has been considered the only solution and the whole country is bending its energies toward this one end. A strong public Opinion has already been created, enhanced by the spread of mass education and citizenship training. Provincial autonomy is gradually emerging, look ing towards the eventual formation of a federal state. Political unity is fast evolving through the avenue of voluntary social Organization. What should be especially noted is, that these social movements’ are impatient with the encroachments on China’s political rights, Readjustment is an immediate necessity.

This readjustment may come in two ways: first, by an enlightend policy on the part of the Treaty Powers who would deliberately renounce their unjustifiable treaty rights or second, by increased strength on the part of China who would then be able to force her claims. The former resides entirely within the province of the Powers, the fatter puts the responsibility wholly upon China. ‘To achieve this object there are those within the country who cry for the methods of either warfare or Bolshevism. ‘The time honored method of warfare, though now somewhat discredited, still seems to have a commanding voice in world politics. Mars continues to be the popular hero and the way of militarism remains yet the road to dignity and self-respect. As tor Bolshevism we can only refer to the ruinous experience of Russia, While both of these methods are in violation of China’s conception of life and the very nature of her péople and her social institutions, there is yet sufficient influence in each to beguile her into acceptance. What calamity would befall © China in such an event may be China’s concern alone, but the Powers could not overlook its effects upon the whole world. ‘The destiny of one fourth of the human race cannot be considered an isolated incident.

Yet a third way seems to suggest itself, namely international goodwill based on an understanding of the facts of international politics. ‘The success of the Institute of Pacific Relations held in Honolulu last summer shows in a practical way how such a state of mind could be created and to what extent people are willing to be guided by the spirit of truth. One is inclined to think that in the triumph of democracy, the people are beginning to take their share in world as well as national affairs. ‘To keep the general public informed of the facts promises to be the surest way to enlightened politics and the most effective method for bringing about friendly relations. With this conviction, the China Committee of the Institute is presenting this volume to those men and women who seek to know the truth and understand one phase of the international problems in which China is involved. Its dipassionate approach and its painstaking avoidance of prejudicing the reader’s mind in any way expresses the purpose of the whole series of pamphlets which the Committee seeks to produce.

z,. T. Chen Shanghai, Executive Secretary, November 15th, 1925 China Committee of the

Institute of Pacific Relations.

Contents

PART I EXTRATERRITORIALITY PAGE I. General Considerations l 1, The Historical Backgrotnd A. Extraterritoriality Defined 1 B. Historical Background 1 C. Reasons for Establishment. . 2 D. China’s Original Failure to Realize Significance of Concessions 7 = E. ‘The Sanction of Extraterritoriality 3 2. The Treaties and Powers Involved A. ‘Treaty Basis of Extraterritoriality 4 B. ‘The “‘ Treaty Powers”? .. = ee C. The ‘‘ Non-Treaty Powers ”? ul fe age 3. The Extraterritorial System A. General Summary .. os 7 B. Controversies between Chinese and ‘Treaty Power Nationals re — 8 C. Courts o %: at oP ae a0) D. Law to be Applied .. 10 4. Criticisms of Operation of Extraterritorial System—Foreign and Chinese A. Cases Affecting Persons .. a wer 41 B. Cases Affecting Property .. 12 5, Corollaries of Extraterritoriality. . a ae ry: