origin, but in its modern application it may be traced to the time of the occupation of Constantinople by Mohammed II., when he freely gave to the Christian residents substantially the same privileges they had previously enjoyed. It was done as much for the convenience of the sovereign as for the foreign powers. As early as the ninth century the Chinese granted special privileges to the Arabs, who built a mosque at Canton and were governed by their own laws. During the intercourse of the Cantonese authorities with Europeans up to the time of the Opium War, the latter were not interfered with except in criminal acts against Chinese. The Portuguese at Macao were given local self-government, and the consuls in the foreign settlement outside of Canton were permitted to exercise jurisdiction over their countrymen. Hence it was not difficult for Mr. Cushing to secure the large grant of treaty powers indicated. For the enforcement of these powers in foreign countries Congress has passed various statutes.[1]
His services in this respect gained for Mr. Cushing much credit, and his treaty, because of its fullness of detail and its clear statement of rights, became the leading authority in settling disputes between the Chinese and foreigners up to the treaty revision of 1858–1860. A high British authority of the period, already cited, writes: "The United States government in their treaty with China, and in vigilant protection of their
- ↑ S. Ex. Doc. 58, p. 4, 28th Cong. 2d Sess.; Cushing's Opinion, 7 Opinions Attys. Genl. 342; President Angell in 6 Am. Hist. Review, January, 1901, p. 255. An act was passed by the 30th Congress in 1848, see 9 U. S. Stat, at L. 276; also U. S. Revised Statutes, sects. 4083–4130.
