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Updated: June 11, 2025
The Japanese Government was entitled to raise this question in 1871, for the treaties were textually subject to revision in that year. No time was lost in despatching the embassy. But its failure was a foregone conclusion. The conditions originally necessitating extraterritorial jurisdiction had not, by 1871 undergone any change justifying its abolition.
In civil cases the jurisdiction is divided, the question at issue being adjudicated by a tribunal of the defendant's nationality; but in criminal cases jurisdiction is wholly reserved. Therefore powers making treaties with Oriental nations establish within the latter's borders consular courts which exercise what is called "extraterritorial jurisdiction."
The commission commenced its work in January, 1926, and agreed upon a joint report which was signed on September 16, 1926. The commission's report has been received and is being studied with a view to determining our future policy in regard to the question of extraterritorial privileges under treaties between the United States and China.
The owning of such premises would not only effect a large saving of the present rentals, but would permit of the due assertion of extraterritorial rights in those countries, and would the better serve to maintain the dignity of the United States.
Whatever the degree to which extraterritorial criminal jurisdiction may have been formerly allowed by consent and reciprocal agreement among certain of the European States, no such doctrine or practice was ever known to the laws of this country or of that from which our institutions have mainly been derived.
The State Department, it is true, had doubts as to whether an office in New York could be recognized as extraterritorial, but for the rest maintained a correct attitude and refused to agree to the opening of proceedings against Herr von Igel. The seized documents were handed over to the State Department, where they probably still lie.
The confinement of such a service within the limits of expenditure then established is not, it seems to me, in accordance with true economy. A community of 60,000,000 people should be adequately represented in its intercourse with foreign nations. A project for the reorganization of the consular service and for recasting the scheme of extraterritorial jurisdiction is now before you.
The commission commenced its work in January, 1926, and agreed upon a joint report which was signed on September 16, 1926. The commission's report has been received and is being studied with a view to determining our future policy in regard to the question of extraterritorial privileges under treaties between the United States and China.
I deem it expedient that a well-devised measure for the reorganization of the extraterritorial courts in Oriental countries should replace the present system, which labors under the disadvantage of combining judicial and executive functions in the same office. In several Oriental countries generous offers have been made of premises for housing the legations of the United States.
He knows quite well, though he may not say so, that the Corot trees, though they do not dwell upon margins, are in spirit almost as extraterritorial as the rushes. In proof of this he very often cuts them down, out of the view, once for all. The view is better, as a view, without them.
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