The Treaty With China, its Provisions Explained

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Марк Твен. The Treaty With China, its Provisions Explained

By Mark Twain

ARTICLE I

ARTICLE 2

ARTICLE 3

ARTICLE 4

ARTICLE 5

ARTICLE 6

ARTICLE 7

ARTICLE 8

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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 foreign 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.

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