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
The abrogation of the monopoly of the East India Company, and the rapid
extension of the illicit traffic in opium, caused a great influx of
foreigners into China, who often forced their way to ports where
intercourse was prohibited; these were among the causes which prepared
the way for the war with Great Britain; but the question which
precipitated that war, was one touching Chinese jurisdiction over
contraband merchandise, smuggled into the empire in defiance of the
efforts of the Chinese authorities to keep it out. Opium, the bane of
their race, was stored up in the foreigners' vessels in Chinese waters.
To obtain possession of the fatal drug, they placed the foreigners in
duresse. The opium war followed, and next the treaty of Nanking, which
secured all that Britain desired, save the legalization of the opium
traffic.
Neither in the treaty of Nanking, nor the supplementary treaty, was the
concession of exemption of British subjects from local Chinese
jurisdiction formally expressed. Security to British subjects was
guaranteed, while the British Government stipulated that they should
keep a ship of war at each port 'to restrain sailors on board the
English merchant vessels, which power the consuls may also avail
themselves of, to keep in order the merchants of Great Britain and her
colonies.'
That the Chinese regarded the principle of extraterritoriality as having
been conceded, was shown by their ready assent to the insertion in the
American treaty of a clause formally abdicating sovereignty to that
extent. Our treaty says: 'Subjects of China, who may be guilty of any
criminal act toward citizens of the United States, shall be arrested and
punished by the Chinese authorities, according to the laws of China; and
citizens of the United States, who may commit any crime in China, shall
be tried and punished by the consul or other public functionary of the
United States.' Provision was made for joint action between American and
Chinese officials in certain cases. It was also stipulated that there
should be no interference by the Chinese in any misunderstanding that
might arise between Americans and people of other foreign countries.
Public-domain text, read in full here on John Shaqi.
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