Chargé Wilson to the Secretary of State.

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.,

Huntington Wilson.
[Inclosure 1.—Translation.]

The Minister for Foreign Affairs to Chargé Wilson .

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.
[Page 1082]
[Inclosure 3.]

Chargé Wilson to the Minister for Foreign Affairs .

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.,

Huntington Wilson.
[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.