Mr. Allen to Mr.
Hay.
Legation of the United States,
Seoul, Korea, June 7,
1901.
No. 359, Diplomatic]
Sir: Replying to your dispatch No. 166, of
April 18, the receipt of which on June 1 I have already acknowledged, in
which I note with satisfaction that my conduct in regard to the matter
of the violation of the domicile of Americans at Taiku met with the
approval of the Department, I now have the honor to acquaint you with
the sequel to that action.
In the first place, on May 8 I received a complaint from the Korean
foreign office that two Americans, Reverend Whittemore and Dr.
Sharrocks, were erecting houses at Sun Chun, in North Pengyang Province,
near the northwestern border of Korea. (See inclosure 1.) I at once
called upon these missionaries for a report on the subject, and received
a reply on May 26 stating that the property in question was held in the
name of certain Koreans, and that the presence of the
[Page 399]
Americans had not been objected to. (See
inclosure 2.) On receipt of this report I addressed the minister for
foreign affairs, as per inclosure 3, taking much the same ground that I
had taken in regard to the Taiku matter.
On May 28 I received a long personal note from Rev. James E. Adams, of
Taiku, informing me that the governor of North Kyung-sang Province
disclaimed all knowledge of the instructions which the minister for
foreign affairs had informed me he had issued to him, a copy of which
instructions I forwarded to you in my No. 318 of March 5, to which your
No. 166 is a reply. The governor further declared to Mr. Adams that he
had never heard of the matter at all until mentioned by Mr. Adams. He
had also had the helper of the Americans rearrested, this time upon an
ancient charge against the man’s uncle of having misappropriated public
moneys. The governor frankly said he would “probably kill him.” This
helper is the same one whose arrest and inhuman beating caused the
previous correspondence in regard to the residence of Americans at
Taiku.
I therefore addressed the minister for foreign affairs on May 29, as per
inclosed copy (inclosure 4), citing the circumstances and leaving it for
him to determine where lay the fault for the miscarriage of
instructions. I also took the opportunity to forward as an inclosure my
withheld dispatch of February 1, a copy of which I sent you with my No.
318 of March 5. I said to him that I would not entertain further
complaints of the mere residence of Americans in the interior on
passport such as that to which my inclosure No. 4 is a reply.
* * * * * * *
When calling upon me on the 3d instant the foreign minister seemed
greatly chagrined over this matter, of which he had little to say except
that he had issued the instructions and was now reissuing them in
stronger form.
It may be difficult for the Department to understand how such a
miscarriage could occur. The conditions, however, are much the same as
those that exist in China. The country officials purchase their offices
at a heavy cost in money paid in advance. They have not a very firm
tenure of office and must make good their outlay as soon as possible,
and at the same time they must secure the regular governmental taxes
besides a handsome profit for themselves. They care little for
instructions from Seoul unless such instructions come from the palace
and indicate that a noncompliance may result in the loss of position.
This governor, who is a favorite of the Emperor, doubtless counted upon
his court influence to carry him through, and seeing a good opportunity
to make money from harrying the industrious native Christians, saw fit
to disclaim any knowledge of the instructions. * * *
My new representations may do some good, but at least the question of the
residence of Americans at Taiku is favorably settled by the Central
Government, which is perhaps all that could be asked. Each difficulty
will have to be treated as it arises.
In your No. 166, to which this is a reply, you refer to the fact that the
French treaty is more liberal in regard to missionaries than is the
British treaty which I quoted. I did not care to bring up the question
of missionaries particularly, as it had not been mentioned by the
Koreans. The presence of our people in the interior is not complained of
on the ground of their missionary character, and until they bring
forward this question I have thought best to diregard it. I will bear
[Page 400]
in mind your valuable
suggestion in regard to the liberality of the French treaty in this
respect, and use it when the necessity arises.
I have, etc.,
P. S.—Since writing the above I have received a reply from the
minister for foreign affairs, attempting to explain the failure in
the execution of the instructions issued to the governor of North
Kyung-sang. The letter is very polite and entirely acceptable. I had
expected no reply, since the minister had spoken of the matter to me
in the course of conversation. I inclose a translation of this reply
from the foreign minister.
[Inclosure
1.—Translation.]
Mr. Che Yung
Ha, acting minister for foreign affairs, to Mr.
Allen.
Foreign Office, May
7, 1901.
Your Excellency: I have received a letter
from the magistrate of Sun Chun district of North Pengyang Province
saying that two Americans, Messrs. Whittemore and Sharrocks, were
buying land and building houses there; that he was trying to stop
them from doing so, but they refused to take his word, and that he
wanted me to write to you about it and to ask you to stop them.
I have the honor to say that the buying land and building houses by
foreigners outside of the limit of 10 li out of the foreign
settlement is clearly not allowed in the treaty, and now these
Americans are buying land and building houses in the interior in
violation of the treaty, and the local authority has the right and
duty to stop them, but they would not listen.
I trust your excellency will see about the matter and stop them from
doing so.
I have, etc.,
Che Yung Ha,
Acting Minister for Foreign
Affairs.
[Inclosure 2.]
Mr. Moffett to
Mr. Allen.
Pengyang, Korea, May
20, 1901.
Dear Mr. Allen: Your letter of May 8,
concerning affairs at Sun Chun in North Pengyang Province, was
received a few days ago. I immediately requested Mr. Whittemore and
Dr. Sharrocks, who are now here, to prepare for you a statement of
the case, which statement I now send herewith.
My own understanding of the case is that they held the property in
Sun Chun, just as we held the property here in Pengyang for five or
six years, in the name of three Korean trustees. For full two years
after purchase of the property and practical residence there (on
passport) no question was raised. It seems that the new governor,
not the magistrate nor the people, has raised the question.
I think nothing in the situation violates the treaty, but with the
full explanation before you you will be able to judge as to that. I
would mention the fact that the French live in the interior, that a
French priest built a house which he occupies in a village in Sook
Chun County not to mention many other places, and that Japanese live
for long periods in the interior, that one has been and probably now
is living in An Ju.
Also it may be well for me to state that the article which appeared
in the Seoul newspaper is not a correct statement of facts.
I think the essentially important fact in the case is now before you.
Of coarse we shall be glad to give you the very fullest and detailed
statement in reply to any questions you may ask. I trust the
situation may not give you much trouble and that nothing may arise
which will necessitate a change in our plans for the welfare of the
work in and around Sun Chun.
With kindest regards, etc.,
[Page 401]
[Subinclosure.]
Statement as to the Sun Chun
property.
Property was purchased for our use early in December, 1898. From the
year 1898 to the present land has been purchased when a desirable
piece was for sale, being bought openly and undisputedly for our
use, and always before witnesses.
Taxes have been paid regularly since 1899.
The largest purchase, comprising nearly two-thirds of all that is
held for us, was made from the village school association, composed
of about one hundred men, many of whom are among the most
influential citizens of town. This purchase was made in October,
1900, and our intention to build upon the site was known to those
who sold it to us. We learned recently that three weeks previous to
this purchase the governor, who at that time was visiting Syen
Chyun, had spoken to the magistrate concerning our being there.
At that time, October, 1900, Messrs. Whittemore and Sharrocks called
upon the magistrate then in the office, who entertained them with
courtesy and respect, and in speaking of Americans residing in
Korea, said there were certainly no objections to Americans coming
into their country to live, for they came with no intention of doing
harm either to people or government, in which respect they differed
from the people of some nations. A residence has been occupied by
Mr. Whittemore since January, 1899. Taxes have always been paid by
the occupant.
During the time there have been three magistrates in office at Syen
Chyun, not one of whom has uttered a word of objection to our being
there, although opportunity for it has been given them by personal
calls, etc.
Early in February, 1900, we began active preparation for the erection
of a suitable house in which we could stay while in Syen Chyun, as
Mr. Whittemore has occupied his house since January, 1899.
In March the lumber and other material began to arrive on the site,
and from that time to the present work has been in active
process.
Up to date not a word has been said to us by any Korean official
opposing or calling in question our action, nor, so far as we know,
have our Korean employees received any complaint from them.
We did hear in April, by way of rumor, that the governor had inquired
of the magistrate concerning our doings and our names. We at once
sent our cards over with messages that we would be pleased to call
upon him if he was at leisure. Answer came back that he was
busy.
We have used every care to win for ourselves a good name among the
town’s people, and have every reason to feel gratified at our
success.
Even the present magistrate was reported to have said that our
building a house was a good work, and he had no objection to that,
but tearing down the people’s homes was not a good thing and must be
stopped. We had not destroyed a single house, but Mr. Whittemore’s
kangs had been pulled down and replaced by new ones. Since this
reported utterance of the magistrates an old vacated house (land and
improvements valued at 7 yen) had been carried off by the Koreans
with our consent.
[Inclosure 3.]
Mr. Allen to
Pak Chai Soon, minister for
foreign affairs.
Legation of the United States,
Seoul, Korea, May
27, 1901.
Your Excellency: During your absence on
sick leave I received a letter from Acting Minister Che Yung Ha, No.
27, of May 7, in regard to two Americans, Messrs. Whittemore and
Sharrocks, who were said to be buying land and building houses at
Sun Chun, in the province of North Pengyang, the magistrate of that
place having reported that he had tried to prevent them from so
doing, but that they would not heed his word.
I have the honor to inform you that at once upon the receipt of your
predecessor’s letter I called upon the Americans in question for a
report on the matter. I now have this report, and am able to inform
you as follows:
Americans do not own any land in their own names at Sun Chun. For
some years American missionaries, whose permanent residence may be
considered as at Pengyang, have been traveling to and residing
temporarily in the town of Sun Chun, where
[Page 402]
they seem to have had the good will and
friendship of the people and the officials. Since 1898 they have
secured the use of land and houses in the name of certain Koreans,
and are now about to improve this property for their entertainment
and use. They have never been informed by the magistrate or other
official that there was any objection to their so doing; in fact
they have been led to suppose that their presence was desired rather
than objected to.
No official has spoken to them or tried to have them stop the
improvements of the property. When the governor of North Pengyang,
Ye Toh Chai, was at Sun Chun some time ago, Messrs Whittemore and
Sharrocks sent him their cards and asked to be allowed to come to
him for the purpose of paying their respects, but they received a
reply saying that the governor was busy. After this they heard some
rumors among the people that the governor was not pleased with their
presence, but they received no complaint, direct or implied.
Now chat the matter has been brought to me, I can only quote from my
letter of December 17, No. 253, regarding the presence of Americans
at Taikoo.
“I am entirely willing to admit that, by the provisions of the
treaties, the permanent residence of Americans in Korea must be at
the ports or places opened to trade, or within the treaty limits
thereof. At the same time, by Article IV, section 6, of the British
treaty (which is applicable to the United States as well, by virtue
of the most favored-nation clause of the treaty with the United
States) it is expressly provided that Americrns may freely travel in
the interior of Korea on passport for purposes of pleasure, trade,
or the purchase and transport of goods. If my people are thus able
to travel and reside temporarily in the interior on passport, they
are certainly at liberty to secure food and lodging while
sojourning, in the country. I admit also the fact, that without
special permission they are not at liberty to own real estate in the
interior, and for that reason, when it has become necessary to
secure a dwelling house, owing to the absence of a system of rentals
in Korea, my people have always done this in the name of a Korean,
so as not to violate the treaty provisions. I have personal
knowledge that persons of other nationalities do not put themselves
to this inconvenience, but actually acquire such property outright,
with the sanction of the local Korean authorities. This being the
case, I can not well forbid my people from following the harmless
custom of which the case in point is an illustration.”
I trust I have made it clear to your excellency that my people have
not violated the treaty provisions; they have not bought property in
the interior in their own names; they have not refused to listen to
the objections of the Korean officials; they are on friendly terms
with the local officials, and they tried to pay their respects to
the governor, but were refused admission to his presence.
I may add that Mr. Whittemore is a teacher, and I know he has refused
to take part in controversies of his Korean friends with the
officials, counseling them to obey the laws of the land in all
particulars. Dr. Sharrocks is a medical man, whose gratuitous
ministrations are for the benefit of the people. The labors of these
men for the good of the people seem to be appreciated by the people
themselves, and in some countries similar services are paid for in
money, while in this case they are freely given without cost.
While I might base these representations upon even stronger grounds,
I think this will be sufficient to convince your excellency that no
wrong has been done and that none is intended by my people. I hope
the matter may be dropped.
I take this opportunity, etc.,
[Inclosure 4.]
Mr. Allen to
Pak Chai Soon, minister for
foreign affairs.
Legation of the United States,
Seoul, Korea, May
29, 1901.
Your Excellency: Referring to my dispatch,
No. 253, of December 17 last, regarding the ill-treatment of
Americans at Taiku, in North Kyung Sang Province, I beg to remind
your excellency that on February 1 last I wrote you a long dispatch
detailing the whole case, showing how my people had been wronged and
their treaty rights violated, and intimating that as I had been
unable to obtain satisfaction for these acts of the officials at
Taiku, I would be compelled to fall back upon instructions issued by
my Government to my predecessor, and demand equal privileges for
Americans in the matter of residence in the interior as are enjoyed
by people of other nationalities, which would amount to a
recognition of the practical nullification
[Page 403]
by usage and established custom of the treaty
provision against residence in the interior.
When this letter was seen by His Majesty your excellency visited me
and assured me of your firm intention to adjust this matter in a
manner satisfactory to me. As a result of promises you made to me in
the presence of your vice-minister, I agreed to withdraw this
dispatch upon receipt of a copy of instructions you said you would
send to the new governor of North Kyung Sang. I left with you the
Chinese translation of my dispatch that you might hand it to the new
governor for his instruction.
On February 26 you wrote me a dispatch announcing that you had issued
instructions to the Taiku officials, rebuking them for their
conduct, warning them against a repetition of the same, and ordering
the arrest and trial of the man Noh Chusah. You sent me a copy of
these instructions, which, being satisfactory to me, I withdrew my
dispatch of February 1.
I have now received a report from the Americans at Taiku, dated May
18. They say that as the new governor, YeYou In, had been in Taiku
for over a month and they had heard nothing of the matter in
question, they called upon him to pay their respects and to make
inquiries. The governor informed them that he had never heard of the
matter until that moment. He told them to say to me that he “had no
instructions from the minister for foreign affairs on the subject;
that he had heard nothing of it before coming down, and that my
speaking of it was the first he had heard.”
I am also informed that nothing had been done to the man Noh Chusah,
whom you at first offered to punish severely and later agreed, with
my consent, to have his case promptly and carefully investigated
first.
I now learn, also, that the man Kim Tek Yung, whose arrest and
inhuman beating caused the previous correspondence to which this
refers, has again been arrested, this time on the charge that an
uncle of his in former times made illegal use of Government funds.
The new governor frankly remarked to the Americans in regard to this
man Kim, that he “would probably kill him.” I need not go into the
details of this arrest. The charges seem to be of an absurdly
trivial nature, and I must conclude that they are brought by the
underlings of the yamen in order to vent their spleen upon the man
for having secured foreign intervention last December.
It is very humiliating to me to have to address your excellency in
this manner and to be forced to the conclusion that I have been
trifled with and that your solemn official agreements have been
disregarded or not carried out.
Under the circumstances, I can only send a full official report to my
Government on the subject and hand you my recalled dispatcha of February 1 as an inclosure to this. I
do so hand you that dispatch herewith.
I am compelled to abide by the resolution mentioned in that dispatch
and put into execution the instructions already received from my
Government. I shall not entertain any more complaints in regard to
the mere residence of Americans in the interior, on passport, such
as that to which my dispatch of May 27 is a reply.
I have, etc.,
[Inclosure
5.—Translation.]
Pak Chei Soon,
minister for foreign affairs, to Mr. Allen.
Foreign Office, June 7, 1901.
Your Excellency: I have the honor to
acknowledge the receipt of your letter of the date of June 1 in
regard to the matter of the Americans being ill treated in Taiku by
the Korean officers.
I beg to inform you that I instructed the new governor of North Kiung
Sang Province several times, and I handed him the copy of the
translation of your letter which you handed me in my office and an
instruction of mine when he started for his post, and I thought he
would manage it very carefully and properly in accordance with what
I instructed him.
I am much astonished to hear that he said to the Americans that he
had never heard of the matter at all. I am wondering, although it is
improbable, that he may have lost all his papers.
I have instructed again the governor to treat the Americans very
nicely and politely, so there will not be any look of cool
treatment, and that he must investigate into the matter in question
very carefully, and manage it fairly and justly.
I have, etc.,
Pak Chei Soon,
Minister for Foreign
Affairs.
