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Updated: May 11, 2025
The administration of the law is to be so improved that an honest demand may be made as Japan made it some years back for the abolition of extra-territoriality, a treaty obligation under which China gives up all jurisdiction over resident foreigners, and agrees that they shall be subject, civilly and criminally alike, only to their own authorities.
But unless enlightened patriotism is organized in some such way, its power will not be equal to the political problems with which China is faced. Sooner or later, the encroachments of foreign Powers upon the sovereign rights of China must be swept away. The Chinese must recover the Treaty Ports, control of the tariff, and so on; they must also free themselves from extra-territoriality.
But, as the example of extra-territoriality in Japan shows, such matters depend upon the national strength; if the Powers fear China, they will recognize the validity of Chinese legislation, but if not, not. In view of the need of rapid development of mining by Chinese, it would probably be unwise to nationalize all mines here and now.
These settlements were in effect foreign territory on the Japanese soil, to use what seems to be a paradox. In exchange for the privilege of extra-territoriality granted to foreign residents in Japan, they were placed under restrictions.
Those who remember the agitation and a very fierce and noisy and provocative agitation it was in opposition to the revision of Japan's treaties with the foreign Powers with a view of getting rid of extra-territoriality will have a lively recollection of the pessimistic forebodings of the speakers and writers in reference to the future of the foreign community in that country were the exclusive privileges they then enjoyed taken away from them.
This system of extra-territoriality was extremely unpopular with the whole of the Japanese people, and a constant movement was in force in the country for the abrogation of what the Japanese considered an invidious distinction and in the direction of making every person who voluntarily took up residence in Japan answerable to the law of the land and under the jurisdiction of the Japanese courts.
For the efficient conduct of all these activities it is essential that there should be a permanent central meeting-place, where the officials and officers of the league would enjoy the privileges of extra-territoriality. Geneva is suggested as the most suitable place.
The purpose of these envoys was, first of all, to ask of the nations of Christendom equal rights, to get removed the odious extra-territoriality clause in the treaties, to have the right to govern aliens on their soil, and to regulate their own tariff.
It abrogated all Korean foreign treaties, and brought the subjects of foreign nations living in Korea under Japanese law. In other words, extra-territoriality was abolished. The Government agreed to maintain the old Korean tariff for ten years both for goods coming in from Japan and abroad. This was a concession to foreign importers whose trade otherwise would have been swamped.
As I have elsewhere observed, the suggestion to abolish extra-territoriality, and with it the foreign courts in Japan, met with a considerable amount of opposition from the foreign community there who believed that they would not be able to obtain justice in the Japanese courts.
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