¹ See also in this connection Act of March 23, 1874, Chap. 62, 18 Stat. 23, contemplating the relinquishment o f the exercise o f judicial functions by American officials in certain countries upon receipt by the President o f satisfactory information that there were organized therein local courts on a basis likely to secure to citizens of the United States the same impartial justice which they then enjoyed by virtue of the exercise of judicial functions by American officers.

² U. S. For. Rel. 1899, XXIV.

³ U. S. Treaty Series, No.655. It may be observed that this treaty was proclaimed by President Harding, October 21, 1921.

The Treaty o f SSvres o f August 10, 1920, did not appear to contemplate any relinquishment by the Powers o f extraterritorial privileges in Turkey, but rather a plan looking to the modification or reform o f the Capitulary system there prevailing. See Art. 136, Supplement o f this Journal, XV, 179, 207-208 (July, 1921).

⁴ According to Prof. Willoughby: “ The most promising mode by which the Chinese could be aided in bringing about a situation under which it would be expedient to abolish extraterritoriality would be for the Powers to permit the Chinese, as a first step, to establish courts for the trial o f eases in which foreigners are parties either as defendants or plaintiffs, that would be truly ‘ mixed ’ in character; that is, tribunals presided over by two or more judges o f whom one at least should be a foreigner learned in the law and experienced in its administration. These courts would be Chinese courts,and the judges Chinese officials, the judges who are foreigners, however, to be appointed upon the nomination of, or at least, with the approval of, the foreign offices of the Treaty Powers.” (Willoughby, W. W. , Foreign Rights and Interests in China, Baltimore,1920, 79-80.)Google Scholar

⁵ In at least two instances, however, damages have been collected by dependents against a county or municipality rendered liable in such cases by local statute, through an action maintained in the Federal Court.

⁶ See Constitution, Art. I l l , Section 2; see also paragraph 17 of Federal Judicial Code, 36 Stat. 1093, clothing the District Courts o f the United States with original jurisdiction Ȝ o f all suits brought by any alien for a tort only, in violation of the laws of nations or of a treaty o f the United States.ȝ