File No. 8103.
Minister Rockhill
to the Secretary of State.
American Legation,
Peking, July 9,
1907.
No. 663.]
Sir: I have the honor to inform you that the
Chinese Government has entered into an agreement with the Japanese
Government providing for the extension of the Japanese concession at
Hankow.
Article VIII of the agreement, which is on file in this legation, is the
only stipulation affecting our interests and reads as follows:
Property (in the concession extension) purchased by foreigners
from Chinese subjects before the opening of the Japanese
concession will, unless there is some reason existing to prevent
it, be dealt with according to the rules in force in other
foreign concessions.
But as the “concession” is of very small area, none but Japanese
subjects will be permitted to buy land therein after the signing
of this agreement. Chinese subjects will not be permitted to
mortgage their property in the concession to foreigners (other
than Japanese) or to rent or sell to them. Transgressors of this
rule will be severely punished by the local Chinese
authorities.
If reputable and well-to-do foreigners desire to live within the
limits of the Japanese concession they may do so, but they may
not buy land therein.
I inclose copy of a letter on this subject from the Japanese consul to
the American consul at Hankow forwarded to me by the latter, and a copy
of my reply to Mr. Martin.
In giving the consul-general instructions to inform the Japanese consul
“that the United States reserves full extraterritorial rights over
American-owned property situated in the concession extension, etc.,” I
was guided by the note addressed by Mr. Hay to Mr. Cambon, on June 12,
1899 (Foreign Relations 1899, p.
283), in reference to the extension of the French concession at
Shanghai.
I have, etc.,
[Inclosure 1.]
Consul-General Martin to Minister Rockhill.
American Consulate-General,
Hankau, June 19,
1907.
Sir: With reference to my No. 311, of the
15th instant, I have the honor to forward herewith a copy of a
letter I have to-day received from His Imperial
[Page 225]
Japanese Majesty’s consul at Hankow,
which may be of interest to you in considering the question of the
property of the Standard Oil Company, as both their tanks and
godowns are situated in the area now to be known as the Japanese
concession.
[Subinclosure.]
The Japanese Consul at
Hankau to Consul-General Martin.
Sir and Dear Colleague: I have the honor to
inform you that the area which extends from the end of the original
Japanese concession at this port 150 chang northward along the river
and 120 chang to the west from the bank of the river, having been
leased in perpetuity to His Imperial Majesty’s Government in virtue
of an agreement signed on the 9th February last by the Taot’ai and
myself and subsequently sanctioned by the respective superiors, this
consulate is under instructions to start registry of ownership of
the land situated within the above limits.
I therefore have the honor to request that you will notify such of
your nationals or protégés as may possess land on the said
concession extension to produce their title deeds at this consulate
for examination and registration before or on the 16th of August,
1907, and thereby to agree to their property being included in the
Japanese concession extension.
Thanking you in anticipation,
I avail, etc.,
[Inclosure 2.]
Minister Rockhill to Consul-General Martin.
American Legation,
Peking, July 8,
1907.
Sir: Replying to your No. 312 of the 19th
ultimo inclosing copy of a letter from His Imperial Japanese
Majesty’s consul at Hankow with reference to the extension of the
Japanese concession at Hankow, I have to inform you that I see no
objection to the compliance on the part of the Americans with the
request therein contained, to produce their title deeds at the
Japanese consulate for registration.
In reply to the letter of the Japanese consul you should inform him
that you have given the notification requested, but that the United
States reserves full extraterritorial rights over American-owned
property situated in the concession extension, as well as over
American owners of such property.