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And, whereas, in consequence of divers events which have taken place since the date of the first-mentioned order, affecting the relations between Great Britain and the territories of other Powers, it is expedient that sundry parts and provisions of the said orders should be altered or revoked:
His Majesty is therefore pleased, by and with the advice of his Privy Council, to revoke and annul the said several orders, except as hereinafter expressed; and so much of the said several orders, except as aforesaid, is hereby revoked accordingly. And His Majesty is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, that all the ports and places as far north as the river Ems, inclusively, under the Government styling itself the Kingdom of Holland, and all ports and places under the Government of France, together with the colonies, plantations, and settlements in possession of those Governments, respectively, and all ports and places in the northern parts of Italy, to be reckoned from the ports of Orbitello and Pesaro, inclusively, shall continue, and be subject to the same restrictions, in point of trade and navigation, without any exception, as if the same were actually blockaded by His Majesty's naval forces in the most strict and rigorous manner; and that every vessel trading from and to the said countries or colonies, plantations or settlements, together with all goods and merchandize on board, shall be condemned as prize to the captors.
And His Majesty is further pleased to order, and it is hereby ordered, that this order shall have effect from the day of the date thereof with respect to any ship, together with its cargo, which may be captured subsequent to such day, on any voyage which is and shall be rendered legal by this order, although such voyage, at the time of the commencement of the same, was unlawful, and prohibited under the said former orders; and such ships, upon being brought in, shall be released accordingly; and with respect to all ships, together with their cargoes, which may be captured in any voyage which was permitted under the exceptions of the orders above mentioned, but which is not permitted according to the provisions of this order, His Majesty is pleased to order, and it is hereby ordered, that such ships and their cargoes shall not be liable to condemnation, unless they shall have received actual notice of the present order before such capture, or, in default of such notice until after the expiration of the like intervals, from the date of this order, as were allowed for constructive notice in the orders of the 25th of November, 1807, and the 18th of May, 1808, at the several places and latitudes therein specified.
And the right honorable the Lords Commissioners of His Majesty's Treasury, His Majesty's principal Secretaries of State, the Lords Commissioners of the Admiralty, and the Judge of the High Court of Admiralty, and Judges of the Courts of the Vice-Admiralty, are to give the necessary directions herein as to them may respectively appertain.
JURISDICTION OVER FOREIGNERS IN SIAM
BY ELDON R. JAMES
The course of the development and modification of exterritoriality in Siam is so little known that an account of it may not be without interest to students of international law. Exterritoriality, which affects only a minority of the foreigners resident in Siam, for the majority have never enjoyed its privileges, began less than three generations ago when Siam's legal institutions were still of a primitive sort and it seemed, therefore, to be a logical and simple expedient upon which to base trade relations with Europeans. Since then these institutions have been very considerably modified and exterritoriality, regarded in Siam as a temporary device to last only until the law and the courts could be placed upon a modern footing, has become increasingly burdensome now that the number of foreigners, originally European but now preponderatingly Asiatic, affected by it has grown to considerable proportions, and the administration of justice has been improved and modernized.
The reorganization of courts and law, which has taken place since 1855, and especially since the reorganization of the Ministry of Justice in 1892, accompanied, as it has been, by advances in general administrative efficiency, has resulted in many instances in a progressive amelioration of the régime of exterritoriality. In the course of this process, there have been introduced some novel restrictions upon the action of Siamese courts in their dealings with foreigners and these restrictions and guarantees are not without interest. However, notwithstanding their utility as temporary measures during a period of transition from the old system of justice to the new, many of these guarantees must be regarded as in their turn fast becoming obsolete and doomed to pass with exterritoriality itself and to become matters of historical interest only.
With the promulgation and coming into force of the new codes, the completion of which is not far distant, and with an increasing efficiency in the administration of justice, there will be less and less reason, as the years go by, for insistence upon special procedure in judicial matters involving privileged groups of foreigners which is not insisted upon in other states. The state of the law and of the administration of justice is a matter about which foreigners in all countries are extremely sensitive, but if the progress already made is kept up in the future, Siam may not unreasonably expect to receive at no distant day the consideration in such matters due to a fully free and independent member of international society.
A review of the system of jurisdiction over special groups of foreigners in Siam, if, indeed, the medley of arrangements can be called a system, falls quite naturally into three periods, and for this and other reasons it has seemed more satisfactory to consider the treaties in chronological order rather than to attempt to group them according to topics or by countries. The first of these periods ended with the signing of the British treaty of 1855. The second began in 1855 and ended in 1874 when the treaty with the Government of India was executed, a period of the establishment of consular jurisdiction. The third period, one of the modification of consular jurisdiction, is not yet finished but began in 1874 when the first changes in the régime of exterritoriality were made.
PRIOR TO 1855
The student of the early Siamese treaties is very much handicapped by the fact that the records of the kingdom were destroyed when Ayuthia, then the capital, was taken and destroyed by the Burmese in 1767. Such records as exist of the international relations of the country before that time can now be found only in the archives of European states and these have not yet been thoroughly searched. Therefore, a study of the documents prior to 1767 must necessarily be incomplete. However, from materials recovered in Europe, together with the somewhat meager descriptions of the system which then prevailed, which are to be found in such contemporary writings as have been printed, some idea can be gathered of the system of jurisdiction over foreigners in the sixteenth, seventeenth, and eighteenth centuries.?
The Portuguese, the first Europeans to come in any considerable number, arrived early in the sixteenth century. They were followed, after a long interval, by the Dutch, and in the early part of the seventeenth century came the English, and about 1662, the French. Danish traders appeared in Tenasserim, then a part of Siam, in 1621, but apparently their stay was short. There were, also, during the seventeenth century, considerable groups of Asiatic peoples, Armenians, Persians, Indians, Malays and others. As a result of the religious persecutions in Japan, a large number of Japanese
1 A collection of State Papers of the Kingdom of Siam, 1664-1886, compiled by the Siamese Legation in Paris, was published in London in 1886. Since then no other official collection has appeared, though one is now in course of preparation. A collection, unofficial and incomplete, was published in Bangkok in 1915 by the Bangkok Times, an English newspaper. Wolcott H. Pitkin, Esq., of the New York bar, formerly Adviser in Foreign Affairs to the Siamese Government, has prepared and printed a very useful but unfortunately incomplete collection of treaties as a supplement to his brief, Siam's Case for the Revision of Obsolete Treaty Obligations.
2 Many of the references to jurisdiction in the early accounts of Siam have been collected by M. Louis Duplatre, Assistant Legal Adviser in the Siamese Ministry of Justice, in his thesis for the University of Grenoble, Condition des Étrangers au Siam. Anderson's English Intercourse with Siam in the Seventeenth Century is a very useful book. See, also, Records of the Relations between Siam and Foreign Countries in the 17th Century, published by the Bajirañana National Library, Bangkok.
Christians settled in the country about the middle of the seventeenth century. Of course, there were always the Chinese.
No treaties or conventions with the Portuguese during the period under consideration have yet been found, but doubtless there were such and a thorough search of the archives in Portugal and Macao might disclose many documents of interest.
There was in existence in the seventeenth century, a system, which undoubtedly antedated that century, but whether founded originally upon treaty stipulations is now unknown, under which the various national groups were permitted to live in "camps”, over each of which was placed a "captain" chosen by his own people with the approval of the king. This captain was the judge in all differences among his nationals but was responsible for all his actions to a Siamese official designated for that purpose. The captain, or as he was sometimes called, the "amphur”, which is the title of a subordinate Siamese administrative official at the present time, seems to have been subject in all respects to Siamese jurisdiction, and, indeed, although a foreigner, was regarded as a Siamese functionary, having no official relation to the government to his own country.
The earliest treaty containing references to jurisdiction, of which the writer knows, is that with the Dutch United East India Company, acting under the authority of the States-General of the United Netherlands. This treaty, which was signed at Ayuthia on August 22, 1664, after granting to the company certain trading monopolies, provided that, should any of the company's servants commit a grave crime in Siam, neither the king nor the Siamese courts should judge him but he must be delivered to the company's chief to be punished according to Dutch law. If the chief himself committed a capital crime, he was to be kept under arrest by the king until notice bad been given to the governor-general. Dutch traders were thus made exempt from Siamese jurisdiction in cases of grave crimes committed by them and this exemption extended even to crimes against the Siamese themselves.
In 1662, a company of French missionaries came to Siam and was received with great cordiality, for the kings of Siam have been without exception extremely tolerant in religious matters. Misconstruing this friendliness, the missionaries persuaded themselves that the king's conversion to Christianity was a possibility and, upon their return to France, they succeeded in interesting Louis XIV in the project of establishing, at one stroke, both the Christian religion and French influence where neither had before existed. Ambassadors from Siam were, also, received by Louis and their reports to the king of Siam assisted greatly in aiding the French attempt. An embassy, headed by M. de Chaumont, was ultimately dispatched to Siam and on December 10, 1685, a treaty was signed at Lopburi which dealt ex
• Siamese State Papers, p. 233; also, Records of Relations between Siam and Foreign Countries in the 17th Century, Vol. 2, p. 66.
- Siamese State Papers, p. 239.
clusively with matters of religion. The next day, December 11, 1685, another treaty, unpublished as yet, this time a commercial one, was executed by the Siamese and French plenipotentiaries.
The first treaty granted the missionaries the privilege of preaching the Christian law in Siam and guaranteed tolerance for such converts as might be made. The French request that, in order to avoid any attempts at the persecution of converts, a qualified Siamese "mandarin" might be appointed to hear and judge all such cases, was granted but with the qualification that the mandarin must refer such matters to one of the judges of the king before passing sentence. It was, also, agreed that if the missionaries did not transgress the privileges conferred upon them by the treaty, their affairs should be judged by a mandarin presented by the bishop but appointed by the king.
The second treaty of M. de Chaumont contains a request that the French servants of the Compagnie des Indes Orientales, as well as the French not connected with that company, who were not in the service of the king, might be judged as to disputes among themselves by the captain of the company, who was, also, to have authority to punish any of the French guilty of theft. The king, responding to this request, granted that the French, not in his service or in that of his ministers, who committed theft or any other culpable act, should be left for punishment to the French captain. If any one of the parties should not be satisfied with the judgment of the captain and should request that justice should be done by the king's ministers, the execution of the judgment should be stayed until the king of France had been informed and had given directions. If any of the servants of the company should commit any act worthy of judicial consideration, whether civil or criminal, against any one not French, the French captain was to sit with the Siamese judges to determine the case according to the laws of Siam. The king expressed the belief, however, that it would be better if a French judge should be appointed as this would relieve the officers of the company of a burden which might interfere with their commercial duties.
The provisions of this treaty were not completely satisfactory to France, and in 1687 another embassy, headed by MM. de la Loubère and Ceberet, was sent to Siam. This mission negotiated another treaty, which was signed at Lopburi on December 11, 1687. In this, the principal officer of the company was given full jurisdiction in all disputes, both civil and criminal, in which only individuals in the company's service were involved, whether French or of any other nationality. If one of the parties was not in the service of the company, the jurisdiction remained in the king of Siam, but the principal officer of the company was to have the right to sit in the court and to have a definite voice in the determination of the case, after taking an oath to judge according to right and justice.
Journal of the Siam Society, Vol. 14, part 2, pp. 23, 30.