The Continental Monthly, Vol. 4, No. 5, November, 1863Various
History
The Continental Monthly, Vol. 4, No. 5, November, 1863
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
To understand the operation of extraterritorial jurisdiction, let us
suppose the principle to be applied to ourselves. A European merchant or
sailor inflicts corporal chastisement on one of our citizens in
Broadway, and the prestige which the foreigner enjoys, precludes
interference on the part of bystanders and police. If the New Yorker
happens to be desirous of obtaining redress, he must first discover and
identify the assailant, and next ascertain his nationality. [A Chinaman,
in like circumstances, would find as much trouble in arriving at the
truth, as if he were to attempt the investigation of the assailant's
pedigree; he knows as little of our nationalities as we do of the forty
tribes of Borneo.] Our persevering citizen succeeds at length in lodging
a complaint at the consulate of the offender. The consul is perhaps a
fellow merchant of the defendant, or head of the firm to which the
offender is consigned. The complainant is accommodated with a blundering
interpreter, and the case is tried according to the foreigner's code,
which, on such occasions, is endowed with more than wonted elasticity.
If, contrary to all probability, the foreigner is convicted, the citizen
has the satisfaction of seeing the foreign assailant placed in
confinement on the consul's premises, or perhaps mulcted to a small
amount; and with this administration of justice, he and his country must
be content. Who does not see that such an abdication of authority on our
part would lead to the perpetration of wrongs that would soon become
unendurable, even if we were first to become a broken spirited people?
And, considering the arrogance and recklessness of many foreigners in
China, and the pusillanimous character of the natives, what can be
expected but contempt and aggression on one side, and mistrust and
finesse on the other? What but a chronic discontent, wholly incompatible
with healthful commerce and peaceful intercourse, can be expected from
such a state of things? Consider further that this occurs among a people
of the highest antiquity, with a history and a civilization of which
they are justly proud; who, in political and moral science, were in
advance of Greece and Rome, at a time when those, whom they now
designate 'barbarians,' really were so. When our ancestors were half
naked savages, the Chinese were a polished literary people. In calling
attention to this subject we do so, not less in the interest of our
oriental clients than in that of our own lands; for our relations with
the empire of China will, with the growth of our power on the Pacific,
assume such importance, that good policy demands that we should avoid
any course likely to render hostile such a large portion of the human
race. Many years ago we deprecated Chinese emigration into California,
on the ground that, as _prolétaires_, they would degrade labor, and
leave that State without its most important element of strength; yet to
the Chinese, in their own country, we would pursue a conciliatory
Public-domain text, read in full here on John Shaqi.
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