230
PROPOSED CHINESE POPE.
THE HONGKONG WEEKLY PRESS AND entirely opposed to all ecclesiastical rules, | the practical effect could hardly be doubted. (Daily Press, 2nd October.) In an underhauded way the Úbinese views The suggestion made not long ago by Hs1 of the Chinese Cardinal would be those that YUN, the Manchu Censor, for the settle. would be enforced most generally throughout ment or at least the mitigation of the China; and a Branch of the Hierarchy 80 troubles which have so frequently arisen in established would in the course of time be connection with Roman Catholic Converts almost certain to lead to split with Rome is certainly of a very unexpected character. and the establishment of a new Church with He renews the proposal that was made some an outward appearance of the Roman cult, time ago that a Papal Nuncio should be but really widely diverging from it. The sent to Peking, and goes on to suggest that travesty of Christianity which was in a very a Chinese Cardinal should be appointed short time established by the Tai Pings by the Pope to be the Head of the Chinese during their rebellion, is an illustration Roman Catholic Church and should control with what rapidity a change of this kind No doubt in the all matters relating to that Church in can be brought about. China. The proposition shows considerable case at present suggested the changes would study of the subject, and a clever and in be more moderate and would come about some aspects a statesmanlike idea of the by slower degrees; but all experience of question regarded from the Chinese point of the Chinese ways of action in a matter of view. It would, looking at the matter from this kind makes it clear that sooner or later that side be of course very satisfactory if come they would, and with this manifest there were a Chinese Head to a recognised danger staring them in the face, it is very branch of the Church in China, as this would unlikely that the Roman Catholic Digni- remove the cause of a good deal of the ill-taries, who are among the shrewdest men feeling against Catholic Missionaries on in foreseeing contingencies either ecclesias- account of their being under the control of tical or political, would adopt the suggestion HBI-YUN, however an authority outside the Empire, while it made by the censor might also have the effect of attracting many plausible it may at first sight appear. to the Roman Catholic Church, if so far as China is concerned, it could be regarded as a Chinese Institution, There is therefore something in the suggestion which it cannot be denied may seem attractive to both sides-to the Church as likely to further its work in China and to the Chinese converts and officials as likely greatly to mitigate the friction which has hitherto existed and which has so often been the cause of serious trouble. It is, however, open to much doubt whether the proposition will be entertained in any way at the Vatican, except so far possibly as the Nuncio is concerned, and this is a question which, involves many considerations of a political and diplomatic character, which may make it doubtful whether the assent of the other powers would be given to a measure which would give so preponderating an influence to the Roman Catholic as compared with other foreign Missions in China, which are the subject of Treaty regulation.
With regard, bowever, to the appointment of a Chinese Cardinal to be the Head of the Roman Catholic Church in China, it may well be surmised that considerable besitation will be felt by people so well informed as the High Ecclesiastical Dignitaries at Rome, who would advise the Pope on the subject. The Chinese Cardinal suggested would of course only be Head of the Roman Church in China in a sense subordinate to the only recoguised Head of that Church namely His Holiness the Pope himself; and if this were the only apparent difficulty in adopt. ing the plan proposed, it might possibly not stand in the way-though the Status of the suggested Head in China would have to be very carefully defined. This would be the case even if the proposed Dignitary were European; but the gist of the proposal is evidently that he should be Chinese. The Roman Catholic Missionaries and Clergy in China, who would certainly be consulted upon the subject, are so well informed upon Chinese matters that they could not fail to point out to headquarters the serious difficulty which would arise. We may be quite sure that a Chinese Cardinal would be much more Chinese than Churchman and that if such powers as are proposed were once placed in his hands, the almost certain result would be that he would find means of making himself practically independant of the authorities above him, and would so far as China is concerned, become a kind of second Pope. Apart from this being
INTERNATIONAL LAW OF
IMMIGRATION.
[October 14, 1907.
however, any desire to raise a privilege
into an international right, which no one nation has as yet gone so
far as to acknowledge, but one simply and entirely of the private advantage that may accrue to the nation granting the privilege. English and American residents in France and other continental states by the amount of money they circulate add very considerably to the financial prosperity of the countries they select as their place of residence, and we are safe in believing that were the circumstances to alter, their residence would not be looked upon in the same favourable light, and many of these privileges would be cut off. In a case of the sort neither England nor America would have any ground of com- plaint. Now it seems that the same rule must prevail with regard to the United States and Canada vis-à-vis with Japan and China.
It is for these countries themselves
to decide on what terms they are prepared to receive alien residents, unless by treaty they have agreed otherwise. If Canada or the States are convinced that the admission of Chinese or Japanese residents will be to their advantage restrictions will be knocked off automatically; if they are not convinced that the proposed legislation would be to their advantage, then the United States and Canada according to the settled rules of international practice would be quite with- in their rights in forbidding such settlement. Although nothing directly is said in WHEATON with regard to the international practice, indirectly it is allowed to be as stated:-" According to the judgment of the Supreme Court of the United States," the English edition goes on to say, without treaty, the ports of a nation are open to the public and private ships of a friendly power, whose subjects have also liberty without special licence to enter the country for business or amusement, a clear distinction was to be drawn between the rights accorded to private individuals or private trading vessels, and those accord. ed to public armed ships which consti-
tute
" where
(Daily Press, October 3rd). Does there exist any international law expressed or implied affirming the right of one nation to settle its subjects within the territories of another? Curiously, our main authority on international law, WHEATON, does not once mention the subject, though it speaks at length of the responsibilities of subjects of other states when resident in alien territory. There is an implied right for the subjects of a friendly nation to frequent the ports of another for the pur poses of trade, and this presumes the right of temporary residence. Also there is an implied right of travel on the part of the subjects of a friendly state, but this is so 8 part of the military force of the hampered with conditions, such as passports,
nation." Here, and in many other passages vises, etc. that the dependence on the will
even the United States, which are prepared of the state of the privilege of travelling to grant even greater privileges to alien cannot be gainsaid. True, in most countries residents than most other countries, take these regulations have been abrogated, but care to emphasise the fact that the permis- there are few, or none, where the alien sion of entrance to alieus without special resident has not to report himself from time
licence is a privilege granted and not in- to time to the authorities. Lately, however, herent. Lately, without any reference wha'. the two nations hitherto of all others the ever to the foreign countries whose subjects most exclusive in the world have been may find themselves concerned, Great complaining that the United States of Britain has been passing stringent laws America and the British colonies of Canada as to the exclusion of undesirable aliens, and Australia have been raising objectious and no hint is given that the country to their subjects settling down permanently, whose subjects are thus excluded has any without permission asked or obtained, and right in international practice to interfere claiming all the privileges of native born in what have always up to the present residents. We are not going to enter on moment been looked upon as the sovereign When we the question as to the advisability or the rights of the excluding state. contrary of permitting any feeling of race to
come to the actual practice of England and enter into the discussion, but are merely the other European Powers with regard to concerned in the point of international law. the opening of China and Japan, we find a There is we believe absolutely no precedent slight chauge. It was held to be contrary for the claim that the subjects of one state, to the instincts of civilisel humanity that however friendly may be the relations a nation should close her ports entirely to between them, are entitled by the rules or the commerce of the world. It was not in practices of international law to settle down pursuance of this rule, however, that war without special permission asked and was declared against China. China had obtained in the territories of another, of her own accord opened the port of even if unoccupied, much less to claim Canton to foreign trade, and had she acted to supersede its settled inhabitants. In up to her own precepts of acting with the present stage of culture, when justice toward the foreigner who trusted hist nations find their best interests in opening life and fortune in her hands, no violence wide
alien, old would have been used tɔmake her amenable was her own prejudices have been much relaxed, and to foreign practice. It alien residents are in the majority of cases scandalous failure to follow her own laws even permitted to become owners of real-which enjoined justice and compassion estate, without the necessity of becoming
that drew down on her naturalised. The actuating motive is not,' the punishment of England, from which all
to their doors
the
46
even to strangers
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