893.52/410
The Ambassador in China (Johnson) to the Secretary of State
[Received July 13.]
Sir: I have the honor to refer to the Embassy’s despatch No. 519 of June 16, 1936,44 regarding the re-registration of title deeds to property held by American missionary organizations at Nanking, and to enclose for the information of the Department a copy in English translation of a note received from the Minister for Foreign Affairs under date June 6, 1936,44 transmitting the substance of a communication received from the Nanking Municipal Government. It will be observed that the Municipal Government repeats its former assurance that the application and lease-certificate forms have been revised, and states in addition that the time-limit for the re-registration of land by foreign missions has been extended from June 10 to August 30, 1936. The Foreign Minister requests that the Embassy take note and act accordingly.
There is also enclosed a copy of a despatch received from the Embassy at Nanking under date June 11, 1936,44 transmitting communications from organs of the Presbyterian Mission embodying the request of officials of that organization that they receive as soon as possible information in regard to reported changes made by the Municipal Government in the system of foreign land tenure in Nanking.
The Embassy plans to hold up action in this matter until after receiving the opinion of the Shanghai Consulate General as requested in its instruction of June 12, 1936.44 A copy of this despatch is being sent to the Consulate General for its information.
It is the belief of the Embassy that, although action on the part of the Chinese authorities against the foreign rights of land tenure is threatened for some future date, in the present political circumstances the National Government will not be inclined to take precipitate action along those lines. It would appear advisable, that is, for the Embassy [Page 665] to endeavor to maintain its original position and make no concessions which might admit an infringement of treaty and customary rights in the matter of land tenure on the part of American citizens and organizations. As of possible interest in this general connection, there is enclosed a copy in English translation of a despatch addressed by the Ministry of the Interior to the Kiangsu Provincial Government,45 as printed in the Internal Affairs Gazette of December 1935 (Vol. 8, No. 22), regarding the request of a district magistrate for instructions in the matter of an application by a Catholic mission for a perpetual lease. It will be observed that the Ministry instructed the Provincial Government that “The term of the lease of land by foreign missions in the interior is, before the treaties are abolished, regarded as unlimited, and agreements for leases in perpetuity may be concluded. The Executive Yuan issued on September 7, 1933, an instruction No. 4162 to the various provincial and municipal governments to this effect.”
Respectfully yours,