The Archive · 1926

Foreign Treaty Privileges

Dr, J. J. Heeren contributes a careful study of Missionaries and, Governments. He points out that the foreigner in China has certain treaty privileges. If he violates the Inw he is tried in a court presided over by one of his own nationals. Thus an American {s Judged by the same laws as he would be were he in Washington, Briton as though he were in Britain and a Japanese as though he wore it Tokyo. He has the same countrymen If he sues a Chinese in a civil "action he sues in a Chinese court but an _assessor of his own nationality has the right to attend "to soe that the elements of a fair trial are accorded the plaintiff." This is one of the provisions in the "unequal treaties" against which the Chinese! are now protesting vigorously. But, surely if the assessor merely sees that hig countryman receives "the elements of a fair trial" his presence cannot be a wrong to anyone, If it is contended that the Chinese courts should be trusted to do right wi out the presence of an assessor, should be remembered that when these treaties were negotiated the bastinado, the cangue, death by! strangulation or the slicing process were common punishments Chinese courts. If history' is to be trusted, several foreigners tasted some of thoss punishments in days before the "unequal treaties" were} enacted. A commission is sitting in Peking now to discuss Chinese courts are so far "equal" as to make it possible to agree to the abolition or modification of those treaties.

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

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