272 SHOOTING IN CHINA 



his commentaries on the criminal law of 

 China, Alabaster maintains that the 

 Mohammedans have also long resided in 

 China as a distinct element of the popula- 

 tion and amenable only to a separate law as 

 administered by their own authorities. At 

 Macao, not far from the present island of 

 Hongkong, the Portuguese settled centuries 

 ago, and carried on trade subject, all the 

 time, to their own laws. And when the 

 Dutch, the Spaniards, the English and other 

 nationalities made their advent into China, 

 and were assigned trading places at Canton, 

 all were left to manage their own affairs 

 in their own way. 



But, on July 3rd, 1844, China surrendered 

 in regular legal form the jurisdiction she 

 miofht have thought to have reserved over 

 all foreigners within the empire whose 

 nations were in treaty relations with her. 

 The treaty I specially refer to was that 

 made between China and the United States, 

 the latter country being represented by 

 Caleb Cushing. As this treaty has served as 

 a model for subsequent treaties I will copy 

 the words which directly applied to China 

 the doctrine of extra-territoriality. They 



