I shall be greatly indebted to you if you will instruct me as to the
rights of such missionaries, belonging to no particular church or
missionary society, to acquire property in the interior of China under
the provisions of Article XIV of our treaty with China of 1903. This
article guarantees him the right to peacefully teach and practice the
principles of Christianity, but it only recognizes the right of
“missionary societies of the United States” to rent and to lease in
perpetuity, as the property of such societies, buildings or lands “in
all parts of the Empire for missionary purposes.”
[Inclosure.]
Mr. Rockhill to
Rev. E. O. Boen.
[Extracts.]
Sir: I have the honor to acknowledge the
receipt of your communication dated December 22, 1905, inclosing
your reply to the complaints made against you by the Honan foreign
office and others. At your request I return to you herewith the
letter addressed to yourself by Mr. Argento.
In reply to your letter it becomes my duty to bring to your notice
the provisions of our treaties with China regarding the residence
and work of American missionaries in the interior of this
Empire.
By Article XIV of the treaty of 1903 it is provided that—
“Any person, whether citizen of the United States or Chinese convert,
who, according to these tenets, peaceably teaches and practices the
principles of Christianity shall in no case be interfered with or
molested therefor.”
By the same article it is further provided that—
“Missionary societies of the United States shall be permitted to rent
and to lease property in perpetuity, as the property of such
societies, buildings, or lands in all parts of the Empire, for
missionary purposes,” etc.
According to the treaty of 1858, Article XXVIII—
“If citizens of the United States have special occasion to address
any communication to the Chinese local officers of Government, they
shall submit the same to their consul or other officer to determine
if the language be proper and respectful and the matter just and
right, in which event he shall transmit the same to the appropriate
authorities for their consideration and action in the premises.”
[Page 277]
All American citizens in China are subject to the jurisdiction of
American courts, and as there are but few consuls in the Empire
American citizens are required to live at certain specified places,
so as to be within reach of their consuls. By the very liberal
provisions quoted above missionaries are excepted from this
arrangement, and the special privileges accorded them are granted on
the supposition that missionaries are law-abiding and peace-loving
people who will avoid strife and will not require constant
interference on their behalf by the consuls. But by your own showing
you have quarreled with your fellow-missionaries, with your
neighbors, with the local officials at Hsi Hsien and Lo Shan, and
with the middleman who secured you a house in Lo Shan. It is
impossible to believe that any man who is “peaceably teaching and
practicing the principles of Christianity” can have just occasion
for quarrel with so many classes of people at the same time. If you
are not complying with the conditions under which you are allowed to
live and preach in the interior, the Chinese officials have the
right to bring you to the consulate at Hankow for trial, as I wrote
in my letter of August 4, 1905, to the consul-general at Hankow.
I must remind you, too, that, while you are allowed by treaty to
teach peaceably the principles of Christianity in China, you can not
on that account preach in the streets against the will of the
magistrates. Missionaries should always be in the lead in complying
with local ordinances which do not require them to violate their
religious convictions.
You will note that the second quotation from the treaty of 1903,
given above, gives the right to rent property only to missionary
societies in the United States, not to individuals; but the copy of
the lease which you have inclosed to me shows that you have rented
in your own name. If you are sent out by any properly incorporated
society in the United States you should use its name in all leases,
deeds, etc.; otherwise, if the Chinese authorities were to object to
the renting of property in your own name, it is questionable whether
your lease could be upheld.
Your account of your dealings with the officials seems to indicate
that you have not complied with the provisions of Article XXVIII of
the treaty of 1858, the third quotation given above, which requires
you to transact business with the officials through the
consulate.
I fear you do not fully understand the requirement that you should
have a passport, to which you make reference. The passport proves to
the local officials your right to travel and preach outside of the
open ports.
I regret exceedingly that any circumstances should have arisen to
make it seem necessary to the foreign office of Honan to take the
action which it has taken in this matter, and I sincerely trust that
by the efforts of Consul-General Martin to secure you due protection
in the peaceable discharge of your duties, and by your own efforts
to live on good terms with the officials and people of your
district, any necessity for further complaint upon your part or upon
that of the officials may be entirely avoided.
So long as you comply with the requirements of the treaties this
legation will, of course, do all in its power to safeguard your
rights, but I need hardly remind you that for the success of your
work the good will of those about you is indispensable.
I have, etc.,
