Minister Rockhill
to the Secretary of State.
American Legation,
Peking, May 24,
1906.
No. 313.]
Sir: I have the honor to acknowledge the
receipt of the department’s No. 135, inclosing a copy of dispatch from
the consul-general at Hankow reporting that the magistrate of Siang-tan,
Honan, has refused to register a deed for land acquired by the mission
of the United Evangelical Church unless all reference to the nationality
of the mission is kept out of the deed.
In reply I have the honor to inform you that the matter was brought to my
attention by the consul-general; that I immediately submitted it to the
Chinese Government, and that I have received a favorable reply in a note
dated March 6, stating that the deeds in question had already been duly
stamped.
I inclose herewith copies of the correspondence with the foreign office
relating to this subject.
I have, etc.,
[Inclosure 1.]
Mr. Rockhill to
the Prince of Ch’ing.
Peking, February 13,
1906.
Your Imperial Highness: I have the honor to
call the attention of your imperial highness to complaints made by
American citizens, missionaries in the Province of Honan, that the
magistrate at Siang-tan refuses to stamp deeds for mission property
unless the characters representing the word “American” are erased
from the deeds.
I am in receipt of two dispatches from the American consul-general at
Hankow regarding the matter. The first, received the 10th instant,
incloses a letter from Reverend Doctor Dubs, of the mission of the
United Evangelical Church, in which he states that he had secured
property for the society at Siang-tan, and that the deeds were made
out to the society, whose Chinese name
[Page 280]
is the “Ta Mei Kuo Tsun Tao Huei.” The
magistrate refused to stamp them, saying that he had received orders
not to stamp such deeds unless the three characters “Ta Mei Kuo”
were erased.
The second dispatch from the consul-general at Hankow was received
yesterday, and incloses a letter from Rev. W. H. Lingle, of the
American Presbyterian Mission, stating that his mission had joined
the United Evangelical Mission in securing a piece of ground for a
cemetery. The deeds were made out in the usual way and sent to the
magistrate to be stamped. The magistrate refused to do so, stating
that he had recently received instruction that missions securing
property were not to mention their nationality in the deeds. He
showed Mr. Lingle the official document giving him these
instructions.
Your imperial highness is perfectly aware that the refusal to stamp
deeds on these grounds is a direct violation of the treaties. The
commercial treaty of 1903 between the United States and China, in
Article XIV, contains the following provision:
“Missionary societies of the United States shall be permitted 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, etc.”
I must therefore request your imperial highness to at once instruct
the provincial authorities of Hunan that American missionary
societies are entitled by treaty to rent and lease property, and
that their deeds of lease must be made out to them as American
societies.
Trusting that your highness will comply with this request without
delay, I avail, etc.,
[Inclosure 2.]
The Prince of Ch’ing
to Mr. Rockhill.
Foreign Office, March 9, 1906.
Your Excellency: I have the honor to
acknowledge the receipt of your excellency’s letter of February 13,
in which you cite two instances where American missionary societies
had bought lands and in the deeds they had written the word
“American” before the name of the society, and for that reason the
magistrate had refused to stamp the deeds. One case was reported by
Reverend Doctor Dubs, of the mission of the United Evangelical
Church, which had bought a piece of land at Siang-tan; the other by
Rev. W. H. Lingle, also of Siang-tan, who stated that the American
Presbyterian Mission of that place had joined with the United
Evangelical Mission in securing a piece of ground for a cemetery.
Your excellency said that whereas American missionary societies are
permitted to rent land for missionary purposes, you felt it your
duty to request that orders be given that the deeds be stamped as
requested.
Upon receipt of your excellency’s dispatch my board telegraphed at
once to the governor of Hunan about the matter, and have now
received his reply saying that the magistrate of Siang-tan has
reported as follows:
“As to the land purchased for a cemetery by Reverened Mr. Lingle and
the United Evangelical Mission, the deeds for the property did not
contain the words ‘chiao hui’ (missionary society), and for that
reason there was some delay. I have already consulted with the
missionaries concerned, however, and the words ‘kung ch’an’
(property of the society) have been inserted in the deed, which has
now been duly stamped.”
As in duty bound I communicate this reply for your excellency’s
information.
[seal.]
