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The Protection of American Citizens in China: Cases of Lawlessness

Published online by Cambridge University Press:  04 May 2017

Benj. H. Williams
Benj. H. Williams*
Affiliation:
University of Pennsylvania
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Extract

When different races of people, possessed of different religions, moral standards and civilizations, come into contact a certain amount of friction will inevitably result. This is well illustrated by the sometimes troublous experience of western traders and missionaries in China. The part of our own diplomatic correspondence concerned with the protection of Americans in that country is voluminous and full of interest, and illustrates our distinctive diplomacy in the Far East.

Type
Research Article
Information
American Journal of International Law , Volume 17 , Issue 3 , July 1923 , pp. 489 - 503
Copyright
Copyright © American Society of International Law 1923

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References

1 See The Chinese Repository, Vol. XIII, p. 277 for the case of the vane on the flagstaff at the American consulate at Canton; U. S. Foreign Relations, 1873-4, p. 118 for the case in which a Chinese official attributed the death of his wife and child to the erection of a Presbyterian mission; U. S. Foreign Relations, 1879, p. 183. See below also under heading “ Cases of Anti-Foreign Propaganda Resulting in Damage.”

2 Denby, Charles , China and Her People ,Boston, 1905, Vol. II, p. 167 Google Scholar; “ The Anti-Foreign Movement in China,” by Margherita Arlina Hamm, 52 Independent 1785.

3 U. S. Foreign Relations, 1900, p. 85.

4 For cases in which extraterritoriality has been the cause of bitter feeling see Sen. Doc. No. 67, 28th Cong., 2d sess., p. 66; V. S. Foreign Relations, 1884, p. 46.

5 SirPhillimore, Robert, Commentaries upon International Law, 3ded., London, 1882, Vol.II, p. 5 Google Scholar; Edwin Borchard, The Diplomatic Protection of Citizens Abroad, New York, 1915, p. 220; Huffcut, E. W. , “ International Liability for Mob Injuries,” Ann, of the Am. Acad, of Pol. and Soc. Science, Vol. II, p. 73 Google Scholar; Moore, John Bassett, A Digest of International Law, Washington, 1906, Vol. VI, p. 809.Google Scholar

6 “ Legal and Constitutional Aspects of the Lynching at New Orleans,” by Bryce, James , New Review, Vol. IV, p. 386 Google Scholar; Mr. Evarts, Secretary of State to Chen Lan Pin, Chinese Minister at Washington, Dec. 30, 1880, U. S. Foreign Relations, 1881, p. 320, Moore's Digest, Vol. VI, p. 822; Mr. Bayard, Secretary of State to Mr. Cheng Tsao Ju, Chinese Minister at Washington, February 18, 1886, U. S. Foreign Relations, 1886, p. 164, Moore's Digest, Vol. VI, p. 831.

7 “ Legal and Constitutional Aspects of the Lynching at New Orleans,” by Bryce, James, New Review, Vol. IV, p. 387 Google Scholar.

8 Resolutions of the Institute of International Law, published by the Carnegie Endowment for International Peace, New York, 1916, pp. 159-60. For a number of cases in which the United States has paid indemnity for injuries arising from anti-foreign rioting, as a gratuity and without reference to the question of liability therefor, see Moore's Digest, Vol. VI.

9 U. S. Foreign Relations, 1900, p. 252; 1901, Appendix, p. 74.

10 Ibid., 1870-71, pp. 355-363, and 1871-72, p. 75.

11 Ibid., 1875-76, p. 383.

12 Ibid., 1895, Part I, pp. 91, 97, 150, 157.

13 Ibid., 1898, p. 212.

14 U. S. Foreign Relations, 1881, pp. 286-92.

15 Ibid., 1884, pp. 46, 47, 52-64, 103.

16 Ibid., 1896, pp. 70-83.

17 U. S. Foreign Relations, 1875-6, Vol. I, p. 345. For other and similar instances see ibid., 1892, pp. 90, 103, 115, 117, 120, 125, and 146; 1900, p. 123.

18 See U. S. Foreign Relations, 1905, pp. 204-234 for the correspondence between the two governments on the question of the boycott. The question of the liability of a government for boycott agitation had already been discussed between the two governments at an earlier date. In Butte, Montana, from 1892 until 1900 boycotts had been carried on against the Chinese and Japanese. These boycotts had been enforced by picketing, secondary boycotting and the official action of the City Council of Butte, which had requested city employees “ not to employ or patronize Chinamen, either directly or indirectly.” In answering the complaints of the Chinese Government the State Department affirmed that this was a matter of private wrong to be dealt with through the judiciary. Later an injunction was secured in the United States Circuit Court against the boycotters. U. S. Foreign Relations, 1892, p. 142; 1897, p. 368; 1901, pp. 100-128.

19 For an account of the riot and the resulting settlement see U. S. Foreign Relations, 1906, Part I, pp.308-324; 1907, Part I, pp. 211-218, and the North-China Herald, Vol. 77, pp. 373,490.

20 For an account of this trouble see North-China Herald, Vol. 77, pp. 611, 653, 667, 672;U. S. Foreign Relations, 1906, Part I, p. 382 et seq.; 1908, pp. 147, 151.

21 U. S. Foreign Relations, 1871-2, p. 69.

22 Samuel Wells Williams, The Middle Kingdom, New York, 1883, Vol. II, p. 704.

23 U. S. Foreign Relations, 1891, p. 423.

24 U. S. Foreign Relations, 1891, p. 440.

25 Ibid., 1895, p. 88.

26 Ibid., 1896, p. 78.

27 Ibid., 1898, p. 194.

28 Ibid., 1906, Part I, p. 322.

29 See Secretary of State Blaine's statement to the Italian Government on this point,V. S. Foreign Relations, 1891, p. 677.

30 But see the Constitution of Nanking, Articles LI and LII for provisions concerning the independence of the judiciary.

31 U. S. Foreign Relations, 1871-2, p. 70.

32 Ibid., 1891, pp. 415, 428.

33 U. S. Foreign Relations, 1895, Part I, p. 157.

34 Ibid., p. 162.

35 Ibid., 1896, p. 59.

36 Ibid., 1897, p. 65.

37 The District Magistrate of Kiangyin was dismissed for the riot in 1896, U. S. Foreign Relations, 1897, p. 102. Many officials were punished after the Boxer uprising, U. S. Foreign Relations, 1901, Appendix, pp. 71,72,92,203 and Final Protocol, Article II, and annexes 4,5, and 6 in same volume, pp. 312 et seq. After the murders at Lienchou in 1905 two Chinese officials were deprived of rank, U. S. Foreign Relations, 1906, Part I, p. 322

38 Treaties, Conventions, International Acts, Protocols and Agreements between the United States and Other Powers, 1776-1909, compiled by Malloy, William M. , Washington, 1910, Vol. I, p. 232 Google Scholar. See also Sen. Doc. 30, 36th Cong. 1st sess. pp. 103, 337.

39 Borchard, op. cit., p. 241.

40 U. S. Foreign Relations, 1913, p. 206.

41 Ibid., p. 210.

42 House Doc. 29, 40th Cong., 3d sess. p. 177.

43 Ibid., p. 176.

44 U. S. Foreign Relations, 1864, Part III, p. 338.

45 Article XXVI.

46 Borchard, op. cit., pp. 462, 660, 664; Moore's Digest, Vol. VI, p. 628.

47 U. S. Foreign Relations, 1871-2, p. 154. The action of the American Minister in 1881 in protesting against the payment of taxes by Protestants for heathen celebrations must be taken as an exception to this policy. It was prompted by the fact that Catholics had for some time been so exempt. See U. S. Foreign Relations, 1881, p. 272.

48 U. S. Foreign Relations, 1867-8, Part I, p. 489; Ibid., 1897, p. 82.

49 Ibid., 1896, p. 54.

50 Ibid., p. 84.

51 Ibid., 1906, Part I, p. 308 et seq.

52 Ibid., 1898, p. 194.

53 Ibid., 1901, Appendix, pp. 193-8 for a list of officials for which punishment was demanded, with a list of reasons therefor.

54 Art. XVII, U. S. treaty of 1858; Art. XIII, British treaty of 1858.

55 U. S. Foreign Rdations, 1900, pp. 394-402.

56 Westel W. Willoughby, Foreign Rights and Interest in China, Baltimore, 1920, p. 65.

57 U. 8. Foreign Relations, 1901, Appendix, p. 59.

58 Ibid., 1913, p. 207.

59 See Paullin, Charles Osear , Diplomatic Negotiations of American Naval Officers, Baltimore,1912, p. 191 Google Scholar.

60 U. S. Foreign Relations, 1874, pp. 257-74.

61 Ibid., 1879, p. 188.

62 U. S. Foreign Relations, 1886, p. 78.

63 Ibid., 1900, pp. 94, 110, 114.

64 Report of the Secretary of the Navy, 1912, p. 14.

65 The use of naval forces by the United States has been dictated by a policy of nonintervention excepting where protection has been necessary. However, there have been two instances in which we have stepped beyond this line and have made a show of naval strength to influence the action of Chinese officials in minor matters. See V. S. Foreign Relations, 1874, pp. 274-97, and 1886, p. 74.

66 The matter of armed forces was taken up at the recent Washington Conference and a resolution was passed looking toward the withdrawal by the Powers of their armed forces which are stationed in China without the authority of any treaty or agreement. This does not affect the United States as our troops are placed there under agreement

67 U. S. Foreign Relations, 1900, p. 143