Chargé Wilson to
the Secretary of State.
American Legation,
Tokyo, February 1,
1906.
No. 384.]
Sir: Referring to the legation’s dispatch No.
372, of the 18th ultimo, I have the honor to forward herewith a copy of
the minister for foreign affairs’ note of the 23d, informing me of an
ordinance issued the 21st by the governor-general of the Kwantung, under
the terms of which foreigners may proceed to Port Arthur and Dalny to
examine their properties temporarily abandoned there. A translation of
the regulations as they appeared in full in the Official Gazette of
January 23 is likewise inclosed. Besides prescribing the obligations of
foreigners after their arrival within the jurisdiction of the Kwantung
government office, the regulations provide that each application on the
part of a foreigner for a permit to visit Port Arthur or Dalny shall be
made through the diplomatic representative of his Government at Tokyo,
and shall be accompanied by a detailed list of the properties he wishes
to investigate.
I have the honor to inclose also a copy of my note of January 24,
renewing the request for permits for Messrs. Friede, Nielsen, and
Toritch to visit the Kwantung, and adding the name of Mr. Dunn, of the
American Trading Company. The required data in regard to the properties
to be investigated by these gentlemen had long since been furnished by
the legation, with the exception of a list of the property of Mr.
Friede, a proportion of whose interest consisted in important business
papers, and in whose case a list was not available.
On the 25th ultimo the legation made further inquiries at the foreign
office; and on the following day the minister for foreign affairs wrote
to state that, in order to save time, the War Department would issue
telegraphic instructions to the Kwantung authorities simultaneously with
the issuance of the permits, whereby the applicants would be admitted
pending their receipt of the permits by mail. A copy of Mr. Kato’s
communication is inclosed. On the same day informal inquiries as to when
the permits might be expected were made at the war office.
Major Yoshida telephoned to me on the 29th to say that the permits had
been issued and would reach the legation through the foreign office that
day. I thereupon telegraphically informed the applicants, through our
consul-general at Shanghai, that they might [Page 1080] proceed at once to Port Arthur and
Dalny. Late in the afternoon I received from the minister for foreign
affairs three permits, with a letter, as inclosed, to the effect that
Mr. Friede’s could not be issued because no itemized statement of
property had been submitted with his application. It was then evident
that there had been a mistake in the above-mentioned message telephoned
to the legation, and the matter was thus left in a very awkward
position, since Mr. Friede had already been notified that he might set
out for Port Arthur.
It was extremely disappointing that an imperfection in his application to
the legation should render fruitless in the case of Mr. Friede, the
efforts of many months; so that evening at a dinner at the Chinese
legation I took the opportunity to speak to his excellency, Mr. Kato, on
the subject, and also to the chief of the political bureau, under whose
charge these vexed matters have been. I was sorry to find discouragement
in that quarter. The minister for war being present, I then stated Mr.
Friede’s case fully to his excellency, and General Terauchi was kind
enough to interest himself and to promise to see what could be done.
On the 31st of January I visited the war office, and was later informed
by telephone that the military authorities had overcome the technical
difficulty and had issued Mr. Friede’s permit, which reached this
legation to-day, with a note from Mr. Kato, as inclosed. The
notification given Mr. Friede on the 29th thus becomes effective, and
since that date all the Americans now desiring to visit the Kwantung are
at liberty to go there.
Telegrams from the American merchants concerned have continued to show
anxiety in regard to their interests, and I have had the honor to report
this matter very exhaustively, as it may interest you to know what
efforts have been required to obtain permission for them to revisit the
ports of the Liaotung Peninsula even at the present very late date, in
view of the bearing of the subject upon foreign commercial interests in
Manchuria and upon the attitude which the Japanese are disposed to
assume toward them.
I have, etc.,
[Inclosure
1.—Translation.]
The Minister for Foreign
Affairs to Chargé Wilson.
Department of Foreign Affairs,
Tokyo, January 23, 1906.
Sir: In compliance with the request of the
minister of war, I have the honor to inform you that, while the
sailing of foreigners to Port Arthur, Tairen, and other places
within the jurisdiction of the governor-general of Kwantung has
hitherto been prohibited, in consequence of military necessity of
the imperial forces during the war, the governor-general of Kwantung
issued an ordinance under date of the 21st instant (vide to-day’s
Official Gazette), stating that such foreigners as left behind their
private property when they withdrew from those places, or their
agents, who will sail there, shall be permitted to examine, dispose
of, or take away such property. Therefore, the minister of war will
grant permits to sail to those places to owners of such property, or
their agents, if application is made through the diplomatic
representative resident in this country, under the following
conditions:
- 1.
- No persons other than the owners of the private property
left behind in the various places under the jurisdiction of
the governor-general of Kwan-rung [Page 1081] at the time of their
withdrawal from those places, or their agents, who will sail
with the object of examining, disposing of, or taking away
such property, shall be permitted to sail.
- 2.
- The applicants shall send in at the time of application a
paper stating in full the dates of withdrawal from the
various places and the locations, names, quantities, and
values of the property left behind.
- 3.
- Only one agent shall be permitted for each owner of said
property; in case any such property is owned in common by
several persons, one of such persons shall be permitted to
sail.
- 4.
- The person who is permitted to sail may take three
employees with him.
- 5.
- The person who is permitted to sail shall be required,
during their stay in any places under the jurisdiction of
the governor-general of Kwantung, to comply with the
regulations and orders issued by the military authorities
having jurisdiction.
Accept, etc.,
Kato Takaaki,
Minister for Foreign
Affairs.
[Inclosure
2.—Translation.]
regulations for controlling travelers going
to dalny, port arthur, etc., for the purpose of examining
properties left in those places.
[Issued by the governor-general of Kwantung, January
21, 1906.]
- I.
- If the owners of private properties left by them at the time
of withdrawal in the Province of Kwantung or within the
jurisdiction of the governor-general of Kwantung, or the
representatives of those property owners, proceed to Dalny or
Port Arthur, bearing the permits issued by the war department,
they may examine, settle, or carry away their properties in
accordance with these regulations.
- II.
- The travelers to those places who formerly left their
properties at Port Arthur and other places shall respectively
report in writing to the branch office of the civil governor at
Port Arthur and to the civil governor’s office at Dalny. In the
said report the travelers and their companions shall state their
nationality, names, ages, occupations, home addresses, present
addresses, and the reasons for coming thither. A copy each of
their permits issued by the war department shall be attached to
the report.
- III.
- The travelers shall stay in the city of Dalny or Port Arthur.
In case of necessity for going out of the city limit for the
purpose of examining their properties, they shall apply for
permission to the civil governor’s office or the branch office
of the same.
- IV.
- Those private properties which are left in those places
without any trustees appointed and are in the custody of the
military authorities shall be returned to the owners on
application by the owners or their representatives for the
recovery of their properties only within eight months from the
date of the promulgation of these regulations.
- V.
- In the application referred to in the previous article shall
be stated in Japanese the names, nature, number, quantity, and
value, as well as the place and time of leaving
properties.
- VI.
- Concerning the examination, settlement, and carrying away of
properties left in the places mentioned in these regulations,
the directions and orders of the military authorities shall be
observed and obeyed.
- VII.
- The period of sojourn for the purpose of examining, settling,
and carrying away the properties referred to in these
regulations shall not be longer than a month.
- The civil governor may, however, shorten or prolong the period
according to expediency.
- VIII.
- Besides all these regulations, the travelers shall observe and
obey the regulations and orders in force within the jurisdiction
of the governor-general of Kwantung.
(Official Gazette, January 23,
1906.)
[Page 1082]
[Inclosure 3.]
Chargé Wilson
to the Minister for Foreign
Affairs.
American Legation,
Tokyo, January 24,
1906.
No. 208.]
Monsieur le Ministre: In reiterating the
request contained in this legation’s note No. 204, of the 13th
instant, that permits to visit Port Arthur and Dalny be issued to
Mr. C. Neilsen, representing the American firm of Clarkson &
Co., and to Messrs. S. Friede and W. Toritch, with the minimum
possible delay, I have the honor to add the request that such a
permit be similarly issued to Mr. W. E. Dunn, representing the
American Trading Company.
Your excellency’s note No. 6, of yesterday, the receipt of which I
now have the honor to acknowledge, mentions certain data required by
the war department as a preliminary to the issuance of such permits.
With regard to these particulars I have the honor to refer your
excellency to this legation’s notes Nos. 116, of February 21, 1905;
122, of March 3, 1905; 160, 161, 162, and 163, of August 3, 1905;
and to a memorandum of the last-mentioned date, with which were
transmitted lists of properties belonging to Messrs. Clarkson &
Co., the American Trading Company, and Mr. Toritch.
In the case of Mr. Friede, his property left at Port Arthur consists
in large measure of valuable documents and private papers, a
detailed list of which is not available.
I seize this opportunity, etc.,
[Inclosure
4.—Translation.]
The Minister for Foreign
Affairs to Chargé Wilson.
Sir: Concerning the regulations issued on
the 21st instant by the governor-general of Kwantung for controlling
travelers proceeding to Port Arthur and other places for the purpose
of examining, carrying away, etc., their properties, I beg leave to
refer you to Article I of the same, which reads, “Those who proceed
to Dalny or Port Arthur bearing the permits issued by the war
department,” as a special arrangement has been made by this
department with the military authorities for the sake of those who
are now in distant places outside of Japan. In case any of those
travelers should desire to proceed direct to Dalny or Port Arthur,
without coming to Japan, on account of his staying in a distant
place outside of Japan, the war department shall notify the civil
governor of Kwantung by telegram as soon as a permit is issued for
the applicant. For the sake of convenience the military authorities
at Dalny or Port Arthur are to permit his landing on the strength of
the telegraphic notification referred to. As to the copy of the
permit required in connection with the application mentioned in
Article II of these regulations, it shall be presented to the
military authorities by the applicant upon its receipt. The above
arrangement has been agreed upon by the war department and the
governor-general of Kwantung, and I hereby have the honor to inform
you of the result of consultations between the authorities
concerned.
I have the honor, etc.,
Kato,
Minister for Foreign Affairs.
[Inclosure
5.—Translation.]
The Minister for Foreign
Affairs to Chargé Wilson.
Sir: I beg to acknowledge the receipt of
your note No. 208, dated January 24, relating to the application for
permitting Mr. C. Nielsen, representative of Clarkson & Co., and
three other gentlemen to go to Port Arthur. The minister of war, to
whom the matter was referred, has issued three permits for Messrs.
C. Nielsen, E. Dunn, and W. Toritch, and I have the honor herewith
to forward them to you. I also beg to inform you that Mr. Friede’s
application can not be granted unless he sends in an itemized
statement for application, concerning [Page 1083] which I beg to refer you to my note No. 6, dated
January 24, as he states that he intends merely to go to Port Arthur
for the purpose of searching some important documents. As to Mr.
Friee’s case, I wish to say that I am repeating the statement of the
authorities concerned.
I have, etc.,
Kato,
Minister for Foreign Affairs.
P. S.—The authorities concerned have sent a telegram to the civil
governor’s office at Dalny concerning the permission granted to
the three gentlemen whose names are mentioned in the body of
this note. It is therefore to be understood that there will be
no trouble now for them to proceed to the places they wish to go
to.
[Inclosure
6.—Translation.]
The Minister for Foreign
Affairs to Chargé Wilson.
Sir: In reply to your communication
concerning the application for permitting Mr. W. S. Friede, a
citizen of your country, to go to Port Arthur and Dalny, I addressed
you an informal note dated the 29th instant. I have, however,
received a permit for him from the war department, and I have the
honor herewith to forward it to you. The minister of war states that
in issuing the permit a special arrangement has been made for the
present case, as you said that the documents for the application
would be presented in accordance with the regulations. As to the
documents in question, I wish to request you to present them as soon
as possible, for the forms of which I beg to refer you to my note
No. 6, dated January 23. The minister of war also states that the
arrangement made by the authorities in dealing with the present case
is due to a special favor, and it is to be understood that it shall
not be regarded as a precedent for cases of similar nature.
I have, etc.,
Kato,
Minister for Foreign Affairs.
