eminent domain or dominion over
the said land and waters, hereby agrees that no such
concession or grant shall be construed to give to any Power
or party which may be at war with or hostile to the United
States the right to attack the citizens of the United States
or their property within the said lands or waters; and the
United States, for themselves, hereby agree to abstain from
offensively attacking the citizens or subjects of any Power
or party or their property with which they may be at war on
any such tract of land or waters of the said Empire; but
nothing in this article shall be construed to prevent the
United States from resisting an attack by any hostile Power
or party upon their citizens or their property. It is
further agreed that if any right or interest in any tract of
land in China has been or shall hereafter be granted by the
Government of China to the United States or their citizens
for purposes of trade or commerce, that grant shall in no
event be construed to divest the Chinese authorities of
their right of jurisdiction over persons and property within
said tract of land, except so far as that right may have
been expressly relinquished by treaty.

In or near one or two of the cities of China the Emperor has set apart
certain tracts of land for occupation by foreigners. The foreigners
residing upon these tracts create courts of justice, organize police
forces, and govern themselves by laws of their own framing. They levy
and collect taxes, they pave their streets, they light them with gas.
These communities, through liberality of China, are so independent and
so unshackled that they have all the seeming of colonies--insomuch
that the jurisdiction of China over them was in time lost sight of and
disregarded--at least, questioned. The English communities came to be
looked upon as a part of England, and the American colonies as part of
America; and so, after the Trent affair, it was seriously held by many
that the Confederate ships of war would be as justifiable in making
attacks upon the American communities in China as they would be
in attacking New York or Boston. This doctrine was really held,
notwithstanding the supremacy of China over these tracts of land was
recognized at regular intervals in the most substantial way, viz., by
way of payment to the Government of a stipulated rental. Again, these
f