This article needs additional citations for verification .(May 2024) |
United States Court for China | |
---|---|
Defunct | |
Location | Shanghai International Settlement |
Appeals to | Ninth Circuit |
Established | June 30, 1906 |
Abolished | May 20, 1943 |
United States Court for China | |||||||
---|---|---|---|---|---|---|---|
Traditional Chinese | 美國中國事務法院 | ||||||
Simplified Chinese | 美国中国事务法院 | ||||||
| |||||||
Alternative Chinese name | |||||||
Traditional Chinese | 上海美國法院 | ||||||
Simplified Chinese | 上海美国法院 | ||||||
Literal meaning | Shanghai American Court | ||||||
|
The United States Court for China was a United States district court that had extraterritorial jurisdiction over U.S. citizens in China. It existed from 1906 to 1943 and had jurisdiction in civil and criminal matters,with appeals taken to the U.S. Court of Appeals for the Ninth Circuit in San Francisco.
Extraterritorial jurisdiction in China was first granted to the United States by the Treaty of Wanghia upon ratification in 1845, [1] followed by the Treaty of Tientsin ratified in 1860.
Under the treaties,cases against US citizens were tried in US consular courts,while cases against Chinese nationals were tried in Chinese courts. [2] Consuls had jurisdiction in the following matters:
The commissioner had jurisdiction to hear all cases,and could prescribe rules of civil and criminal procedure for the consuls to follow. [6]
The court was established in 1906 by the Act Creating a United States Court for China. [7] The court was similar in structure to the British Supreme Court for China and Corea that had been established in Shanghai in 1865.
The court was originally headquartered in the American Consulate General building on Huangpu Road in the Shanghai International Settlement,with additional sessions held at least annually in the Chinese cities of Guangzhou,Tianjin,and Hankou. The court moved with the US Consulate when the consulate was moved from its previous premises in the years 1911,1930 and 1936.
The court had only one full-time judge,and those on trial sometimes had to wait months for proceedings. In the 1930s,the law was amended to allow the appointment of special judges,allowing trials to proceed in the judge's absence. Appeals were allowed to the United States Court of Appeals for the Ninth Circuit. [8]
The U.S. consular courts in China retained limited jurisdiction,including civil cases where property involved in the controversy did not exceed $500 and criminal cases where the punishment did not exceed $100 in fines or 60 days' imprisonment. [9] The Court exercised appellate jurisdiction over them,as well as,until 1910 when Japan annexed Korea,US Consular Courts in Korea.
The court's jurisdiction was given an expansive interpretation:
The sources of law drawn upon by the court were quite varied:
The question as to what constituted "common law" led to severe difficulties,because U.S. federal law did not cover many criminal offenses or civil matters (which were normally provided for by U.S. state law). The Ninth Circuit provided a solution to this conundrum in the case of Biddle v. United States, [18] where it was held that the laws of the Territory of Alaska or the District of Columbia were federal law and could be applied by the court. [note 1] As a result,Judge Lobingier would later hold that "there can be no half way adoption of that doctrine;it includes all such laws or none. It cannot logically be restricted to any particular class of acts. It is just as applicable to civil laws as to criminal;just as 'necessary' in respect to corporations as to procedure." [20]
The court prescribed its own rules for procedures to be followed. [21] This was in contrast to the situation in the States,where civil procedure in actions at law (i.e.,most lawsuits for monetary damages) in U.S. federal courts was normally provided for by state law,by virtue of the Conformity Act of 1872, [22] until the promulgation of the Federal Rules of Civil Procedure in 1938.
The United States Congress also passed several statutes conferring specific powers on the court:
The act establishing the court provided:"The seal of the United States Court for China shall be the arms of the United States,engraved on a circular piece of steel of the size of a half dollar,with these words in the margin 'The Seal of the United States Court for China'". The seal was to be used to seal all writs,processes and other documents issued by the court.
People who received relatively short sentences for criminal offences were either imprisoned in the Consular Gaol in the consulate or in either Ward Road Gaol or Amoy Road Gaol,both run by the Shanghai Municipal Council. Those serving longer sentences were sent to Bilibid Prison in the Philippines and later from the 1920s were generally sent to the federal penitentiary at McNeil Island in Washington State to serve their sentence. [23]
The United States Consulate and Court in Shanghai were occupied by the Japanese on December 8,1941,at the beginning of the Pacific War. The Judge and other staff were interned for 6 months before being repatriated. [24]
Americans continued to enjoy extraterritorial rights in those parts of China not occupied by the Japanese. On January 11,1943,the U.S. and China signed the Treaty for Relinquishment of Extraterritorial Rights in China,thereby relinquishing all U.S. extraterritorial rights. The treaty was ratified by the United States Senate and came into force on May 20,1943. As a result,both the U.S. Court for China and the U.S. Consular Courts in China were abolished. However,their judgments continued to serve as res judicata within China.
The last case before the court was heard in Kunming starting on 14 January 1943. Boatner Carney of the Flying Tigers was prosecuted for manslaughter before Special Judge Bertrand E. Johnson. Carney was convicted of unlawful killing and sentenced to two years imprisonment. [25] He was pardoned 6 months later by President Franklin D. Roosevelt.
Person | Term | Background | |
---|---|---|---|
Lebbeus R. Wilfley | 1906–1908 | Attorney and former Attorney General of the Philippines. | |
Rufus Hildreth Thayer | 1909–1913 | Lawyer,law clerk in the US Department of Treasury,assistant to the Librarian of Congress and former Advocate General of the District of Columbia National Guard [26] | |
Charles S. Lobingier | 1914–1924 | Law professor,former Judge of the Philippines Court of First Instance and later member of the U.S. Securities and Exchange Commission | |
Milton D. Purdy | 1924–1934 | Former city and county attorney,US Attorney and Assistant U.S. Attorney General | |
Milton J. Helmick | 1934–1943 | Former judge and Attorney General of New Mexico |
Two individuals were also appointed Special Judges of the Court to try cases when the Judge was not available. They were:
The following attorneys of note were admitted to practice before the court:
Federal jurisdiction refers to the legal scope of the government's powers in the United States of America.
Jurisdiction is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels.
Universal jurisdiction is a legal principle that allows states or international organizations to prosecute individuals for serious crimes, such as genocide, war crimes, and crimes against humanity, regardless of where the crime was committed and irrespective of the accused's nationality or residence. Rooted in the belief that certain offenses are so heinous that they threaten the international community as a whole, universal jurisdiction holds that such acts are beyond the scope of any single nation's laws. Instead, these crimes are considered to violate norms owed to the global community and fundamental principles of international law, making them prosecutable in any court that invokes this principle.
The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one federal courthouse in each district, and many districts have more than one. District court decisions are appealed to the U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the U.S. Court of Appeals for the Federal Circuit or directly to the U.S. Supreme Court.
In international law, extraterritoriality or exterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations.
Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries.
The United States Court of Appeals for the Armed Forces is an Article I court that exercises worldwide appellate jurisdiction over members of the United States Armed Forces on active duty and other persons subject to the Uniform Code of Military Justice. The court is composed of five civilian judges appointed for 15-year terms by the president of the United States with the advice and consent of the United States Senate. The court reviews decisions from the intermediate appellate courts of the services: the Army Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Coast Guard Court of Criminal Appeals, and the Air Force Court of Criminal Appeals.
The Shanghai International Settlement originated from the 1863 merger of the British and American enclaves in Shanghai, in which British and American citizens would enjoy extraterritoriality and consular jurisdiction under the terms of unequal treaties agreed by both parties. These treaties were abrogated in 1943.
Filártiga v. Peña-Irala, 630 F.2d 876, was a landmark case in United States and international law. It set the precedent for United States federal courts to punish non-American citizens for tortious acts committed outside the United States that were in violation of public international law or any treaties to which the United States is a party. It thus extends the jurisdiction of United States courts to tortious acts committed around the world. The case was decided by a panel of judges from the United States Court of Appeals for the Second Circuit consisting of judges Wilfred Feinberg, Irving Kaufman, and Amalya Lyle Kearse.
Britain had a functioning consular service in Japan from 1859 after the signing of the 1858 Anglo-Japanese Treaty of Amity and Commerce between James Bruce, 8th Earl of Elgin and the Tokugawa Shogunate until 1941 when Japan invaded the British colonial empire and declared war on the United Kingdom.
In United States law, a federal enclave is a parcel of federal property within a state that is under the "Special Maritime and Territorial Jurisdiction of the United States". These enclaves are used for the many different functions of the United States federal government, and include post offices, arsenals, dams, road, etc., and usually are owned, secured and administered by the U S. federal government itself. The United States in many cases has received similar jurisdictional authority over privately owned properties which it leases, or privately owned and occupied properties which are located within the exterior boundaries of a large area as to which a state has ceded jurisdiction to the United States.
Frisbie v. Collins, 342 U.S. 519 (1952), is a decision by the United States Supreme Court, holding that kidnapping of a defendant by State authorities for the purpose of taking a suspect from one jurisdiction to another for criminal trial, is constitutional. The defendant was tried in Michigan after being abducted by Michigan authorities in Chicago, Illinois. The case relied upon Ker v. Illinois (1886). The Ker–Frisbie doctrine, continues to be used to uphold convictions based on illegal arrests.
Lebbeus Redman Wilfley was an American attorney who served as Attorney General of the Philippines and as a judge of the United States Court for China. He is also known for his investigation into the Torreón massacre.
Glidden Co. v. Zdanok, 370 U.S. 530 (1962), is a United States Supreme Court case in which the Court held that judges of the Court of Claims and the Court of Customs and Patent Appeals were judges created under Article III of the Constitution. As such, it was permissible for the Chief Justice of the United States under 28 U.S.C. § 293(a) to designate judges from the Court of Claims and the Court of Customs and Patent Appeals to serve on district courts and courts of appeals.
The British Supreme Court for China was a court established in the Shanghai International Settlement to try cases against British subjects in China, Japan and Korea under the principles of extraterritoriality.
Charles Sumner Lobingier was an American jurist who served as a judge of the Philippine Court of First Instance from 1904 to 1914 and as Judge of the United States Court for China in Shanghai from 1914 to 1924. He was also the author of a number of books on international and comparative law.
The British Court for Japan was a court established in Yokohama in 1879 to try cases against British subjects in Japan, under the principles of extraterritoriality. The court also heard appeals from British consular courts in Japan. Appeals from the British Court for Japan lay to the British Supreme Court for China and Japan based in the Shanghai International Settlement.
The Treaty between the United States and China for the Relinquishment of Extraterritorial Rights in China was a bilateral treaty signed by the United States and the Republic of China on January 11, 1943. The formal name of the treaty was Treaty Between the United States of America and the Republic of China for the Relinquishment of Extraterritorial Rights in China and the Regulation of Related Matters. It became effective on May 20, 1943, following the mutual exchange of ratifications pursuant to Article VIII.
Rufus Hildreth Thayer (1850–1917) was, between 1909 and 1913, the judge of the United States Court for China based in Shanghai.
Consular courts were law courts established by foreign powers in countries where they had extraterritorial rights. They were presided over by consular officers.