United States Court for China
Encyclopedia
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. Before the establishment of the United States Court for China, US citizens were tried in the US Consular Courts in China. The United States Court for China was similar in structure to the British Supreme Court for China and Japan
that had been established in Shanghai in 1865 and also ceased to exist in 1943 when both Britain and the United States and gave up extraterritorial rights in China.
The court was located in the Shanghai International Settlement
. The District had only one judge, and those on trial sometimes had to wait months for proceedings.
The Court applied United States law in China. This led to difficulties because United States law as federal law did not cover many criminal offences or civil matters. The solution that was found to this was to apply Alaskan Law or District of Columbia law, which were deemed to be United States law. Judge Lobingier gave detailed evidence on the workings of, and application of law by, the court and extraterritoriality in China to the House Committee on Foreign Affairs in 1917.
Because the court was based outside of the United States, the United States Constitution
did not apply; there was no right to a jury trial nor to constitutional due process
.
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
that had extraterritorial
Extraterritoriality
Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as military bases of foreign countries, or offices of the United Nations...
jurisdiction over U.S. citizens
United States nationality law
Article I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization. The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, citizenship of...
in China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
. 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. Before the establishment of the United States Court for China, US citizens were tried in the US Consular Courts in China. The United States Court for China was similar in structure to the British Supreme Court for China and Japan
British Supreme Court for China and Japan
The British Supreme Court for China and Japan was a court established in the Shanghai International Settlement in 1865 to try cases against British subjects in China and Japan, and from 1883, Korea, under the principles of Extraterritoriality. The court also heard appeals from consular courts in...
that had been established in Shanghai in 1865 and also ceased to exist in 1943 when both Britain and the United States and gave up extraterritorial rights in China.
The court was located in the Shanghai International Settlement
Shanghai International Settlement
The Shanghai International Settlement began originally as a purely British settlement. It was one of the original five treaty ports which were established under the terms of the Treaty of Nanking at the end of the first opium war in the year 1842...
. The District had only one judge, and those on trial sometimes had to wait months for proceedings.
The Court applied United States law in China. This led to difficulties because United States law as federal law did not cover many criminal offences or civil matters. The solution that was found to this was to apply Alaskan Law or District of Columbia law, which were deemed to be United States law. Judge Lobingier gave detailed evidence on the workings of, and application of law by, the court and extraterritoriality in China to the House Committee on Foreign Affairs in 1917.
Because the court was based outside of the United States, the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
did not apply; there was no right to a jury trial nor to constitutional due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
.
Judges of United States Court for China
- Lebbeus R. WilfleyLebbeus R. WilfleyLebbeus 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.-Early life and career:...
(1906–1908) - Rufus Thayer (1909–1913)
- Charles S. LobingierCharles S. LobingierCharles Sumner Lobingier was a United States 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...
(1914–1924) - Milton D. Purdy (1924–1934)
- Milton J. Helmick (1934–1943)