The Archive · 1902

The Rights of the Municipality

ith May. the correspondence between the American Government and its Ministers abroad we find the following with reference to the Municipal government of Shanghai:—" In countries where government is reduced to a legal system the powers of local police rest on charters granted by the supreme legislative authorities, but a community outside of any general system of law may organise a government and adopt rules and regulations which would be valid on the ground of self-preservation, and in this light the Municipal ordinances of Shanghai may be regarded. The Foreign Settlement of Shanghai not being subject to the laws of China, and the legal systems of the respective foreign powers at Shangha being not only dissimilar inter se, but often insufficient to meet local needs, it is necessary for the local foreign residents interested in the preservation of peace and order and good morals to supply the deficiency. American citizens residing at Shanghai enjoy, in common with other persons composing the foreign Settlement, all the rights, privileges and protection which the Municipal government affords, and as they go there voluntarily, and, presumptively, for the advancement of their personal interest, they may reasonably be held to observe such police regulations as are not inconsistent with their rights under the laws of the United States. And the enforcement of the Municipal Regula ions by the Consul-General of the United States may be justified."

thus appears that the view taken by the American Government of the Foreign Setulement of Shang-broad and liberal, and that it" specially enjoins upon its Consular representative at Shanghai the duty of supporting the Regulations for the goverament of the Settlement when not in conflict with United States law, The American Government goes farther, and maintains that the foreign residents of Shanghai could organise a Manicipal government for their self preservation, and that American citizens would be required to respect the regulations of a government so organised when such regulations did impair the rights of their ship.

But it has not been necessary for the foreign residents at Shanghai to act on the broad principle announced by the American Government, for

Text read from the printed page and cleaned; old type leaves the occasional error.

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