cher treaties were subsequently entered into between China and Western nations in which the princupied of extraterritoriality was more tuny explained, and chief among these is one known as the Chefoo Convention of 1876 between: Great Britain and China, and the supple mental treaty with America at Peking in 1880, but the first unequivocal announcement of the principle was made in the American treaty of July, 1844, In thie treaty plain words were used and their import admitted of no doubt.
After two wars, the doctrine of extra-territoriality was a result, confirmed by China in treaties whioh she has signed with as many as seventeen different nations, and each one of which must consent to the abrogation or modification of the doctrine before China can exercise the functions of an independent sovereign power.
Now if what has been said gives idea why Western nations in their treaties with China refused to acknowledge the complete sovereignty of the latter nation, it will be in order to refer in a general way to the Courts whi the outgrowth of extra-territoriality, and specially ixed Court.
It is embarrassing to speak of the foreign Courts in China og if iminformation to gentlemen already familiar with the history of those Courts, and my apology will be found in the circumstances under which I speak and the subject.
The First Foreign Judges, The Consuls representing the nations sustaining treaty relations with China were the first foreign officials empowered to operate the new judicial machinery. Having seen all and borne a part myself, modesty enjoins that I speak of the duties and exactions of a consular official in the words of another, and a competent authority
of his government: he is " notary public Consul it fy commercial agent he in the ndviner to his countrymen 10" mourning abroad, supplementing their ignorance of foreign laws and Customs indicating to them the means by which they may be in the position, as to know: ledge, which they would occupy in the own country. The principle of extra territoriality confers the additional funetions of a criminal and civil judge. He also a coroner, probate judge a fintrar of deeds. The laws he re quired to administer, if an American it Consul, are the laws forty-eight of States, the nearest of which is six thousand miles away, and American law, generally. with the common law unelucidated by any Statutes, and sometimes to render nal fro
Text read from the printed page and cleaned; old type leaves the occasional error.