Office of the Historian

File No. 895.52.

The American Chargé d’Affaires to the Secretary of State.

American Embassy,
Tokyo, December 13, 1910.
No. 1274.]

Sir: I have the honor to transmit a copy of a despatch which I have this moment (6 p.m.) received from the American consul general at Seoul. As the pouch must be closed this evening it is impossible to comment upon or even to furnish duplicate copies of this letter. It will be seen, however; that the matter is urgent, and without awaiting instructions from the Department I shall take this question up with the foreign office tomorrow, in an endeavor to obtain some modifications of this proposed procedure.

I have, etc.,

Montgomery Schuyler.
[Inclosure.]

The American Consul General at Seoul to the American Chargé d’Affaires.

American Consulate General,
Seoul, Chosen, Korea, December 9, 1910.
No. 1754e.]

Sir: I have the honor to inclose herewith a copy of a letter dated the 5th instant from Mr. Ariyoshi, chief of the general affairs department of the Government General of Chosen, together with translations of law No. 7, promulgated August 24, 1910, and regulations relating to investigations of lands in this country. On the 6th instant I acknowledged receipt of Mr. Ariyoshi’s. letter and inclosures without comment. Since then I have had several conferences with Mr. Bonar, the British consul general here, and his opinions in the matter are the same as my own. He is forwarding to the British embassy at Tokyo and to the British foreign office despatches covering the following points:

1.
It will be noted that the law was promulgated previous to the annexation of Korea by Japan, and had it been brought to my notice with proper accompanying request from the then residency general, I might have been justified in notifying American citizens to comply with its provisions, as was done in the case of the house tax law.
2.
In the case of the house tax law it will be remembered that I obtained from the residency general certain stipulations restricting the imposition of penalties and providing that the court of this consulate general should be the proper forum in connection therewith. The Japanese Government having at the time of the annexation of Korea announced that consular jurisdiction had ceased, it is evident that similar concessions are not likely to be accorded in the present case.
3.
This law and accompanying regulations wholly ignore the existence of land records in the various foreign consulates. Such records in this office have [Page 329] been made with great care and are in consonance with the Korean land law and regulations of 1906. When an American citizen has purchased land here, in almost every instance his title deed has been certified by local magistrate and by the nearest Japanese resident, after which the deed, with copies of surveys, has been recorded in this office. This has, of course, involved much time, trouble, and the payment of considerable fees to the magistrate, to the Japanese resident, and to this office. It does not seem reasonable that the authenticity of these records should be questioned unceremoniously and on short notice.
4.
The very limited time in some districts within which applications for investigation must be filed will undoubtedly work hardship and cause discontent. The American missionaries here have purchased hundreds of pieces of land in various parts of the country, and to require them, with so little delay, personally to attend to all the details required seems to be somewhat exacting. In this connection I beg to call special attention to the stringent, if not arbitrary, provisions of Articles V, VI, VII, VIII, XI, XII, and XIII.

In consequence of the absence from Chosen of the governor general, Viscount Terauchi, I have refrained from discussing these points with his subordinates, knowing full well that they would be held up for decision until his return. He is now in Tokyo and is expected here on about the 24th instant. Meanwhile may I respectfully suggest that you take up the matter with him or through the foreign office. I shall be very glad if you will, upon receipt of this, telegraph to me some instructions, for I expect to be shortly overwhelmed with inquiries from missionaries and other American landowners in Chosen.

I have, etc.,

Geo. H. Scidmore.
[Subinclosure.]

The Government General of Chosen to the American Consul General at Seoul.

Government General of Chosen,
Keijo, December 5, 1910.
No. 13.]

Sir: For the guidance of people in submitting information relating to lands according to the land investigation law and the regulations for the enforcement of the same, which as you may be aware were promulgated on the 24th of August, the authorities concerned have lately issued the rules concerning the presentation of the information as above mentioned. It may be observed that one of the purposes of the law is to establish a more perfect system of landed rights and applicable to the lands excepting those within the former foreign settlements.

I have the honor to forward to you herewith inclosed a copy of each of the above-mentioned law and regulations, in the hope that the same may be brought to the attention of such of your nationals as they may concern.

I have, etc.,

C. Ariyoshi.
[Inclosure with the next above.]

Law No. 7, relating to investigation of lands; promulgated August 24, 1910.

  • Article V. Landowners shall submit information to the Government concerning their lands within the period appointed by the Government.
  • Article VI. In case it is recognized as necessary when investigation of lands is carried out, the Government may require the presence on the spot of landowners or their agents.
  • Article VII. With regard to landowners as well as the areas and boundary lines of lands, the president of the land investigation bureau shall investigate and decide these after inquiries have been made of the local committee for land investigation. The names of those landowners as well as areas and boundary lines of lands, decided in the preceding clause, shall be publicly announced.
  • Article VIII. Those objecting to decisions by the president of the land investigation bureau may lodge complaints with the higher committee for land investigation within 90 days from the date on which they have been publicly announced, and ask for their revision.
  • Article XI. Those abstaining from being present on the spot as mentioned in Article VI, without proper reasons, shall be denied the right of objecting to decisions by the president of the land investigation bureau.
  • Article XII. Those failing to give information as mentioned in Article V, or abstaining from being on the spot as mentioned in Article VI, without proper reasons, shall be fined not more than 20 yen.
  • Article XIII. Those giving false information shall be fined not more than 100 yen.