oreign communities took it upon themselves to levy taxes upon
Chinamen residing upon their so-called "concessions," and enforce their
collection. Perhaps those Chinamen were as well governed as they have
been anywhere in China, perhaps it was entirely just that they should
pay for good government--but the principle was wrong; it was an
encroachment upon the rights of the crown, and caused the Government
uneasiness; the boundary thus passed there was no telling how far the
encroachment might be pushed. The municipal council which taxed these
Chinamen was composed altogether of foreigners, so there was taxation
without representation--a policy which we fought seven years to
overthrow. The French have persistently claimed the right to exercise
untrammeled jurisdiction over both natives and foreigners residing
within their "concessions," but the present Minister, Monsieur Moustier,
has yielded this position in favor of the anti-concession doctrine,
and thus have ignored the "eminent dominion" of the Chinese Government.
Under Article 1 of the new treaty, the question of whether an enemy
of America can attack an American colony in China is answered in the
negative. Under it the right of the Chinese Government to regulate the
governing, taxing, and trying of its subjects resident within American
"concessions" is recognized--in a word, its supreme control over its
own people is recognized. Also (in the final sentence) its control over
scattering foreigners (of nationalities not in treaty relations with
China) not enrolled the regular concessions is "granted." During a war
between Russia and Denmark, a Prussian man-of-war captured two Danish
vessels lying at harbor in a Chinese harbor or roadstead, and carried
them off. Article 1 of this treaty pledges that like offenses shall
not be committed in Chinese waters by American cruisers, and looks to
Chinese protection of American ships against such outrages.
ART. 2. The United States of America and His Majesty the
Emperor of China, believing that the safety and prosperity
of commerce will thereby best be promoted, agree that any
privilege or immunity in respect to trade or navigation
within the Chinese dominions which may not have been
stipulated for by treaty, shall be subject to the discretion
of the Chinese Government, and may be regulated by it
accordingly, but not in a manner or spirit incompatible with
the treaty stipulations of th
|