Mr. Denby to Mr.
Gresham.
Legation of
the United States,
Peking, April 1, 1893.
(Received May 23.)
No. 1664.]
Sir: I have the honor to inform you that I have
received from Mr. W. R. Carles, Her Britannic Majesty’s consul at
Chin-kiang, in charge of United States interests during the absence of
Consul Jones, a translation of a communication from Tsai, Taotai, and the
commissioners of the Nanking bureau of foreign affairs, a copy whereof is
herewith inclosed.
This communication relates to the leasing or purchasing lands for churches,
hospitals, or cemeteries by American citizens. One of like character was
addressed to Mr. Carles as British consul, and related to British
missionaries. It recites that frauds have been perpetrated on missionaries
in the purchase of land, and it is ostensibly designed to protect them, but
the real purpose is to make it impossible for them to acquire land at all.
To that end the rule is laid down that “henceforth when missionaries, or
other citizens of the United States, desire to acquire land or houses, no
matter where, they must first meet the gentry and elders of the place, and
agree with them, and then report to the bureau of local officials for an
official survey of the ground.”
This clause introduces a new element in the mode of acquiring land. Article
12 of the treaty of 1858 does not require that citizens of the United States
desiring to purchase land shall submit the question to the decision of the
gentry and elders. It leaves them free to purchase land, enjoins that the
prices shall not be exorbitant, prohibits the local authorities from
interfering unless objections are offered on the part of the inhabitants
respecting the place, requires legal fees to be
[Page 231]
paid, provides that particular spots shall not be
unreasonably insisted on, and enjoins justice and moderation.
The clause above quoted from the communication of the Taotai is so distinctly
antagonistic to the above article of the treaty that I have directed Mr.
Carles to notify the Taotai that it will not be acquiesced in or acted on by
this legation.
I have, etc.,
[Inclosure in No. 1664.]
Bureau of Foreign Affairs at
Nanking to U. S.
Consul.
Tsai, Taotai, and commissioner of the Nanking bureau of foreign affairs,
makes a communication to Consul Jones.
Missionaries and other citizens of the United States at Nanking, when
leasing or purchasing houses or lands for churches, hospitals, or
cemeteries, before they obtain the lease are required by regulations to
report the matter to the local authority, who, after satisfying himself
that the feng shui of the neighborhood is not
interfered with, authorizes the completion of the conveyance, and, after
registering the sale as required by law, affixes his seal to the deed
held by the purchaser.
Such has been the regular course of procedure, but of late a lot of
scoundrels have devoted themselves to making money by fraudulent
dealings with foreigners in lands, the titles of which are complicated
or obscure; there are few who fail to fall into their traps, so clever
are the arguments which they employ. They are naturally afraid that if
an official inspection is made of the land it will be difficult to blind
the eyes of the authorities, and the missionaries, through their anxiety
to settle the affair quickly, neglect to take thought for the future and
are tricked by these men into not complying, with the regulations. Later
on, when the rights of the case have been officially represented by the
gentry, the local authorities have attempted to effect some satisfactory
arrangement with the missionaries and have discovered to them the
fraudulent tricks with the object of affording them protection, but the
latter obstinately gloss over the wrong-doing and refuse to accept any
compromise, with the result that in end there are delays which extend
over many years without a settlement of the case being arrived at, an
instance of haste not effecting speed.
Although among the missionaries there are some who have no lack of
intelligence, who transact their business in conformance with
regulations, there are others who are played upon to acquire land too
hastily.
This bureau has accordingly laid down a plain rule that henceforth, when
missionaries or other citizens of the United States desire to acquire
land or houses, no matter where, they must first meet the gentry and
elders of the place, and agree with them and then report to the bureau
and local officials for an official survey of the ground.
On its being found that the feng shui of the
neighborhood is not prejudiced, the execution of the conveyance will be
ordered, and the official tax receipt and title deed will be sealed and
forwarded through this bureau to your consulate for delivery.
This course will prevent complications and expedite matters while
diminishing correspondence, one measure thus securing several good
objects. The consul’s intimate knowledge of the circumstances of the
case will doubtless induce him to readily accept this course of
action.
It is the Taotai’s duty accordingly to communicate with him and to
express the hope that he will see fit to give instruction to
missionaries that in future, when leasing or purchasing land or houses
they must conform to these rules, and will also inform them that if the
rules are intentionally defied and irregular sales or purchases are
effected, deeds for such lands will not receive the official seal,
irrespective of whether the titles are complicated or not. If
missionaries and others purposely set the regulations at defiance and
are outwitted, this bureau and the local officials must decline to
entertain any question of complication arising therefrom.
This bureau in asking this is prompted by the desire to take
precautionary measures to safeguard foreigners’ interests.
A necessary communication.
