May 29, 1895.)
Catholic Mission may buy ground and houses in the interior of the country.
"We have the honour of making known to you that the undermentioned has been decided with regard to the collective property of the Catholic missions. For the future if French missionaries wish to buy land or houses in the interior of the country, the vendor
•
CHINA OVERLAND TRADE REPORT.
"
Presenting the contract to the authorities for registration is a formality quite conformable with the spirit of the Convention, and there is no exceptional regulation in demanding it. We hope that your Excellency will take due consideration of the matter."
It results from this reply that if the Tsungli Yamen consider it necessary that the contract be (his name) must specify in the contract that his presented to the local authorities for registration estate has been sold to form part of the collec-with payment of dues, this formality must take tive property of the Catholic mission in the place according to the letter after the transac locality; it will not be necessary to inscribe the tion has been concluded and not previous to it. names of the missionaries or Christians.”
I have no objection to raise against this act of This Convention is integrally reproduced in registration, which is in accordance with the the letter which the Tsung-li Yamen wrote Chinese law and not contrary to the stipulations about the same date to the Governor of Kiang-of the treaties. But it is a well understood fact su and which His Highness the Prince Kung that the formality of presenting the document communicated to M. Berthemy. The letter for registration must follow and not precede the likewise ends with these same words: In transaction. It is also to be understood that treating this affair as we have done, the this procseding in no way comprises a previons ohurches will remain the property of the authorization from the local authorities. The Catholic community, which will in no way Emperor's wishes will thus be accomplished, as bring prejudice to the interests of China." he has desired to ensure to the missions the free Nothing can be clearer than this arrangement, use of their rights of buying property in the in- which mentions no obligation whatever of the terior of the Empire. vendor being first obliged to obtain the au. This being an understood thing I beg your thorization of the local authorities. Certain | doubts, however, had arisen with regard to this point, and one of my predecessors, M. Boures, wrote to the Taungli Yamen for in- formation on the 30th of January, 1882. They replied the 5th of February. Herewith enclose a copy of letter.
Enclosure.
"We had the honour of receiving on the 30th of last month (11 of the 12 moon) a letter from Your Excellency relative to the buying of land in the interior by missionaries (here follows a summary of the letter). This Convention (the Convention Berthemy) has been drawn up; it is comformable with the Treaty, and its special end is to surround the acquisitions made by religious missions with sufficient guarantees:
“Your Excellency in the letter demands that the transaction be simply carried out according to the terms of the Convention and all unneces-
sary regulations suppreseds.
Highness and your Excellencies in order to avoid disagreeable misunderstandings to notify the Convention Berthemy to the Marshals, Viceroys, and Governors and give them the necessary in- struction so that the formality for presenting documents for registration may be fulfilled, as indicated, aftor the conclusion of the bargain and without the vendors being obliged to ask for any previous authorization; which is quite contrary to the Chinese law as it is to the treaties and conventions.
2
If your Highness and your Excellencies thus understand your duties, as I have no doubt. you do, I am quite ready on my part to direct the Apostolic Vicars and chiefs of the missions to comply, as they already do, to the formality of presenting the contract for acquiring land or houses to form part of the collective property. belonging to their communities, to the local anthorities for registration, without the vendor, however, being obliged to obtain any previous
authorization.
This is of the greatest importance and destined to avoid many difficulties in the future. It is, moreover, necessary that these instructions re- ceive adequate publicity and that no authority in the country ignore the conditions under which the treaties have insured to the missions the right of acquiring property.-I am, etc.,
(Signed) A. GERARD.
The Convention here referred to is thus worded: The name of the vendor must appear in the title-deed, which latter must also con- tain the assertion that the parchase has been made in order to become the collective property of the religious missions. It will be useless that the contract contain the name of the missionaries or of the Christians, etc. Now if the vendor does not present the contract to the local authorities. for examination, how will the latter be enabled to testify that the document contains the name of the vendor and is drawn up clearly to prove the acquisition is made to form part of the collective property of the mission ? It is only by examining the deed that the local authorities can make sure that the articles of the Convention have been adhered to, and ascertain if it be necessary to register the deed so drawn up. In this way no fraud can committed and it at the same time prevents any return upon the transaction.
"The fulfilment of these formalities doubtless offers the greatest advantages to religions mis-months of July. Angust, and September of this
sions.
be
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411
Peking, 19th November, 1894. Your Highnesses and your Excellencies. I have the honour of acknowledging the receipt of your letter of the 14th of this month, in reply to my official document of October 27th.
By sending the authorities the rectified text of the Convention Berthemy into the provinces your Highnesses and your Excellencies have given proof of respect for their legal engage- ments, and also of the desire they have to give the religious missions every guarantee with regard to acquiring property according to the Treaty of June 27th, 1858, confirmed by the Convention of the 20th February, 1865.
The natural result, moreover, of this corres- pondence is not only to state that the text of Convention Berthemy is the only legal docu- ment giving the missions the right of acquiring property, but also that the same document bas no additional passage introduced by which ven dors would find themselves obliged to give pre- vious notice to the local authorities and obtain authorization to sell their property.
Your Yamen will doubtless have insisted particularly on this latter point in the circular, as being of essential importance, and in order to avoid any further misunderstanding, I shall take care that the text of the Convention Berthemy with these instructions be again communicated to all the Consuls of the Republic in China and to the religious missions as the document on which their legal rights are founded.
Will your Highnesses and your Excellencies give me the assurance that the above entirely agrees with the spirit and letter of the document communicated by your Yamen to the Taotais, Marshals, Viceroys, and Governor of the Empire.
I am, etc.,
A. GERARD.
OFFICIAL COMMUNICATION.
(From the Tsungli Yamen to M. Gerard, dated 28th November, 1894.)
The 22nd day of the 10th moon of the 20th year Kwang-su (November 19th, 1894) we re. ceived a letter from your Excellency in which with regard to the question of religious missions you state that you had received our official reply buying property, which contained likewise the statement that our Yamen had sent circulars into all the provinces with the text of the Convention concluded in 1863 with his Excellency M. Ber- themy, that whenever the religious missions would desire to buy property the above men- tioned Convention may be exactly carried out. You, moreover, added that the additional élause concerning the previous notice given to the local authorities and the demand of authoriza- tion being completely suppressed. you supposed
certainly given particular instructions on this point
Letter from the Tsungli Yamen, (Prince Kung, Prince Ching. Fou, King, that our Yamen in writing to the provinces had Souen, Siu. Leao, Chang, and Wang.) To His Excellency M. A. Gerard. Minister to the French Republic in China. The 17th day of the 10th moon of the 20th year Kwang Hsu (14th November, 1894 )
OFFICIAL COMMUNICATION.
The 29th of the 9th moon of the 20th year letter from you in which you state that you had Kwang-su (27th October, 1894) we received a
written us official letters several times during the year, with regard to the Couvention concluded "As a rule any agreement between Chinese
in February, 1865, between the Minister of with regard to the buying of land or houses is France M Berthemy and our Yamen, respect- drawn up in the form of a contract, which is ing the acquiring of property by the religious presented to the authorities to be registered. If missions, in which you notified to us that it was the parties omit this formality the contract is owing to certain passages contrary to the null and void, and in the case of a lawsuit would original Coventions, having been introduced after of course be of no value as a testimony. Tran- its conclusion, that the local authorities (agreed; sactions of this kind require the payment of a that vendors should make a previous declaration duty and it is only after the contract has been and obtain their authorization for the selling of examined that the document may be registered. Yamen should send copies of the original text of their property. You also begged that our The presentation of a document to the sub- the so-called Berthemy Convention free from prefecture, its examination, and the payment of dues for the appending of required seals must any passage introduced in the provinces, so as evidently take place after the property has been to conform to previous treaties.
Our Yamen, since the 23rd of the 9th moon transferred to its new owner, and not before its of this year (21st October) has sent circulars to all the provinces to make known that with re- "The local authorities must not only act cou-gard to the religions missions buying property formably to the Convention, but also according it is necessary to conform to the Convention to the stipulations of the treaties. Moreover, concluded in 1865 between our Yamen and M. when a religious mission buys land or houses, Berthemy, Minister of your honourable country, the aforesaid authorities must examine if the
We hereby officially inform your Excellency acquisition has been made in accordance to of what has been done. established rules, and if these have been adhered to they must in turn fulfil what has been pre- scribed by these regulations.
sale.
the necessary instructions relative to this affair Our Yamen states that circulars containing
were sent to all the provinces on the 23rl of the 9th moon of this year (21st October, 1894), so that the Convention concluded in 1865 with A. Ber- may be fully carried out. Wo bave also officially themy, Minister of your honourable country. replied to your Excellency as is recorded in our archives. As our Yamen has clearly expressed the original regulations, it is not coessary to consider stipulations not contained in the afore- said treaty.
Letter from M. A. Gerard, Minister of the French Republic in China, to Their Highnesses the Princes Kung, Ching, and Their Excellencies the Ministers of the Tsungli Yamen.
Peking, December 3rd, 1894. Your Highnesses and your Excellencies. The official reply of your Highnesses and your Excellencies proves that there is a perfect under- standing between the Freuch Legation and your Yamen upon the exact and faithful applica- tion of the Convention Berthemy, as it was concluded on February 20th, 1865. The right of acquiring property, ground, or houses in the interior of China is thus assured to the Catholic missions, and the restrictions which have so far altered or limited the free exercise of the treaty are completely dispelled.
and the good effect it will have upon the inter- I congratulate myself upon this happy result
course between the missions and the provincial authorities of the Empire.
i
Letter from M. A. Gerard, Minister of the French Republic in China, to their Highness the Your Yamen having despatched circalar in- "Your Excellency well knows that the Con-Princes Kung and Ch'ing and to Theer Excel-structions to all the provinces, I have likewise vention in question here offers great advantages. lencies the Ministers of the Tsungli Yamen, sent the necessary instructions to the Consuls of