File No. 8103.

Minister Rockhill to the Secretary of State.

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.,

W. W. Rockhill.
[Inclosure 1.]

Consul-General Martin to Minister Rockhill.

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.

William Martin.
[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.,

K. Midzuno.
[Inclosure 2.]

Minister Rockhill to Consul-General Martin.

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.

W. W. Rockhill.