Mr. Allen to Mr. Hay.

No. 232.]

Sir: I have the honor to hand you inclosed copies of a correspondence I have had with Minister Buck, of Tokyo, regarding the right of Americans to own land, under the new treaties, in Japanese settlements in Korea.

I have embodied the substance of this in a short report, which I inclose for use in case you consider the matter worthy of publication.

Japanese enjoy equal rights with all other foreigners in the general foreign settlements at the Korean ports, and in addition they have their own exclusive settlements, which usually occupy the best sites for business.

In the course of business Americans come into possession of some of this Japanese property, which they often desire to hold, but have hitherto not been allowed to do so. Also, they must sell only to a Japanese, which sometimes works to the injury of the American owner. It was thought that the new treaties now in force in Japan might afford some relief in this matter, and having been asked for an opinion on this subject I wrote to Minister Buck, of Tokyo, to ask him to secure an expression from the Japanese Government concerning the matter.

Mr. Buck promptly secured such expression from the Japanese minister for foreign affairs to the effect that the new treaties do not in any way apply to the exclusive Japanese settlements in Korea.

I have, etc.,

Horace N. Allen.
[Inclosure 1.]

Mr. Buck to Mr. Allen.

Dear Mr. Allen: On receipt of your communication concerning the Japanese concession in Seoul, suggesting that I obtain from the Japanese Government information in respect to whether foreigners could hold lands in that settlement, etc., under the treaty provisions or concessions to the Japanese of such settlement, I submitted the matter to the minister for foreign affairs, with the promise from him to look into the matter and report. Some two weeks ago he told me that the matter had been investigated, and it was found that the concession confined the holding of property in that settlement to Japanese alone; that foreigners could not buy or in any way hold title to any piece of property within the settlement, though an American or [Page 770] other foreigner could take a mortgage on such property; but in enforcing a lien for nonpayment of a debt the property would be sold only at auction, and only a Japanese could buy it in, and that these conditions in respect to the Japanese settlement were different from those of other foreign settlements except in the Chinese concession.

Other foreign settlements were not so restricted as to sale of property, and any foreigner could buy and hold property in them.

The minister promised to give me in writing a statement covering the matter of your inquiry more particularly, but having not received it yet I thought it best to write you without longer delay, and when the promised note is received I will communicate it to you.

From the above you will understand the delay in acknowledging your letter and furnishing the information sought.

Yours, sincerely,

A. E. Buck.
[Inclosure 2.]

Mr. Buck to Mr. Allen.

Dear Sir: I inclose herewith a copy of a verbal note from the Japanese minister for foreign affairs in reply to my inquiry in respect to rights of American citizens to hold property in the Japanese settlement at Seoul.

You will observe that it does not give the particulars which the minister gave me in conversation some weeks ago, as I reported to you by letter of February 25 last, though it covers the question, I think, as presented by you sufficiently for your purposes.

Your obedient servant,

A. E. Buck
[Subinclosure.]

note verbale.

On the perusal of the two letters shown by his excellency the United States minister in Tokyo, it is found that the one relates to the question addressed to Mr. Yamasao Enjiro, His Imperial Majesty’s chargé d’affaires ad interim, by the United States minister at Seoul, asking whether it is possible for foreigners, under the new treaties, to own or lease land for long periods in the exclusive Japanese settlements in Korea, and that the other relates to the request made to his excellency the United States minister in Tokyo to obtain from the foreign office a definite information with regard to that question.

In reference to the above it is to be stated that the exclusive Japanese settlements in Korea have no relation whatever with the new treaties; that the rights relating to land in the Japanese settlements created by the treaty between Japan and Korea are of a different nature from the rights in real property established by the laws of the Empire, and that consequently they are of an entirely different nature from the rights in real property which are enjoyed by the United States citizens residing in Japan, and that for these reasons it is not possible for the United States citizens to enjoy rights in real property in the exclusive Japanese settlements in Korea by virtue of the stipulations of the treaty between Japan and the United States.

[Inclosure 3.]

Report of Mr. Allen.

ownership of land in the japanese settlements in korea.

The question of the right of non-Japanese to own land in the exclusive Japanese settlements in Korea has been a subject of interest to Americans, as land so situated is often very valuable for business purposes, since the Japanese settlements usually [Page 771] occupy the most favorable site at these ports. Also Americans must occasionally come into possession of such property through the foreclosure of mortgage, and if it can only be disposed of to Japanese its value is lessened.

In response to inquiries on the subject I secured from the Japanese Government, through Minister Buck, of Tokyo, the following expressions:

Note verbale.—Communicated to United States Minister Buck by the minister for foreign affairs of Japan, March 2, 1900.

* * * “in reference to the above it is to be stated that the exclusive Japanese settlements in Korea have no relation whatever with the new treaties; that the rights relating to land in the Japanese settlements created by the treaty between Japan and Korea are of a different nature from the rights in real property established by the laws of the Empire, and that consequently they are of an entirely different nature from the rights in real property which are enjoyed by the United States citizens residing in Japan, and that for these reasons it is not possible for the United States citizens to enjoy rights in real property in the exclusive Japanese settlement in Korea by virtue of the stipulations of the treaty between Japan and the United States.”

Which was further explained to mean that—

“The concession confined the holding of property in that settlement to Japanese alone; that foreigners could not buy or in any way hold title to any piece of property within the settlement, though an American or other foreigner could take a mortgage on such property; but in enforcing a lien for nonpayment of a debt the property would be sold only at auction, and only a Japanese could buy it in, and that these conditions in respect to the Japanese settlement were different from those of other foreign settlements except in the Chinese concession.”

Horace N. Allen,
United States Minister and Consul-General.