Mr. Conger to Mr.
Hay.
Legation of the United States,
Peking
,
March 25,
1903
.
No. 1246.]
Sir: I have the honor to inclose copies of
correspondence with Consul Miller, at Niuchwang, upon the question of
the establishment of [Page 50] Russian
courts in Manchuria and restriction of the judicial jurisdiction of the
Russian consul at Niuchwang.
In view of the growing importance of Manchuria and the prospect of
rapidly increasing American interests there, would it not be well to
attempt some more satisfactory arrangement of the matter directly with
the Russian Government?
I have, etc.,
[Inclosure 1.]
Mr. Miller to
Mr. Conger.
Consulate of the United States,
Niuchwang
,
March 17, 1903.
No. 165.]
Sir: I have to report that the Russian
authorities have established courts at several places on the Chinese
Eastern Railway in Manchuria for the trial of minor offenses and all
civil cases not exceeding 1,000 rubles.
In addition to this they have established higher courts at Harbin,
Vladivostock, and Port Arthur for the trial of greater cases.
The consular court jurisdiction of the Russian consul is restricted
to the treaty port of Niuchwang. Any action to be brought against a
Russian subject outside of this treaty port must be brought in these
other courts. This agreement is permanent and is to remain after
withdrawal or evacuation.
An American citizen has had a lease with a Russian for buildings
lying just outside this treaty port; the Russian refuses to satisfy
the demands of the American for payments in accordance with the
lease; the Russian consul here refuses to consider the case and says
the matter must be settled in the Russian courts at Port Arthur.
I cite this case at the present time simply to explain the situation,
and ask for instructions. Must I advise American citizens that they
must bring their cases in Port Arthur? The Russian subject is not a
citizen of Port Arthur.
To my mind he is clearly a resident of Niuchwang, but as he is
employed on the railway line the Russian consul claims that his
residence is in the interior of Manchuria.
This will remove all opportunities for watchfulness and assistance on
the part of the American consul over the affairs of American
citizens in their relation with Russians for all of Manchuria, and
in matters of great moment where appeal might be desired it would
most likely remove the matter out of China altogether and probably
send the case to St. Petersburg.
It would force a man to leave the territory in which he is amenable
to the laws of his own country to go into the leased territory of
Port Arthur, where his entire conduct, together with his person,
would be under the control of Russian authorities governed by
Russian law.
This would appear to me to be inconsistent with our rights and
privileges here, and, unless directed by you, I do not feel like
advising American citizens to submit to this condition.
Unless Russia will grant that the extraterritorial rights of our
citizens extend over the leased territory they have no right to
require our citizens to appear in the courts of that district to
enter complaints against Russian subjects for cause of action that
occurs in other parts of Manchuria.
No action has yet been brought, but it is advisable that I should be
advised what information to give, as a case is pending along these
lines, and I am afraid that a settlement can not be had, although I
am using every effort to secure a private adjustment.
I have, etc.,
[Inclosure 2.]
Mr. Conger to
Mr. Miller.
Legation of the United States,
Peking
,
March 24, 1903
.
Sir: I have received yours of the 17th
instant, with information that the Russian authorities have
established certain courts in Manchuria, along the Chinese Eastern
[Page 51] Railway, and higher
courts at Harbin, Vladivostok, and Port Arthur, and that the
consular-court jurisdiction of the Russian consulate is restricted
to the treaty port of Niuchwang.
You inquire whether, in a given case which the Russian consul refuses
to consider, saying that the matter must be settled in Port Arthur,
you should advise the American plaintiff to take his case there.
Evidently Russia has no right to establish courts outside of treaty
ports or leased territory in China, but I apprehend that under her
right of extraterritoriality she may or may not establish courts at
the treaty ports, and if established may clothe them with whatever
jurisdiction and prescribe whatever rules of practice she may think
best, just as the United States and other foreign powers do. I
think, therefore, that in the absence of any treaty or other
agreement between the United States and Russia on the subject, if
any American wishes to invoke the aid of a Russian court he will
have to go wherever Russia has established such court.
In view of the whole Manchurian situation, this is a matter of such
importance that I shall refer it to the Department of State for such
action at St. Petersburg or elsewhere as may be thought
advisable.
I am, etc.,
