CO129-344 - Public Offices & Foreign Office - 1907 — Page 14

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him did not apply; and once again informed him that the right of the mission to dispose of the property as it pleased would be insisted upon.

I may add that, as a matter of fact, no further difficulties are likely to arise in this particular instance. The mission is, and has for some time past been, in peaceable occupation of the property, and has no intention of reselling. Mr. Watson is prepared to pay the usual transfer fees whenever I call upon him to do so; but I have declined to collect any fees from the mission until Treaty provisions have been complied with by the issue of a clean title-deed, free of any qualifying indorsement.

I have, &c. (Signed)

BERTRAM GILES.

Note--It would be interesting to learn in which Treaty the Hunan Governor finds the words "Foreign merchants must reside for purposes of trade within the foreign Concessions at the Treaty ports," which he quotes in his despatch to Mr. Giles of the 23rd January.

Sir.

Hankow, February 9, 1907.

(Signed)

E. H. FRASER, Consul-General.

Inclosure 2 in No. I.

Acting Consul Giles to Governor of Hunan.

Changsha, January 10, 1907, WITH reference to the house and land recently purchased by the Wesleyan Missionary Society inside Changsha city, in Hsi-cli'ang Street, in the I-tzu-shan neighbourhood, the deed for which they requested me to send in to the Magistrate for sealing, I forwarded the deed to Mr. Chu, the Superintendent of Customs, requesting him to instruct the Magistrate to seal and return it. I have now received a despatch from Mr. Chu, returning the deed duly sealed by the Magistrate. On the deed, however, is an indorsement to the effect that "This is the public property of a local mission"; while in the despatch it is stated that "The house and land purchased by the mission in the I-tzu-shan neighbourhood, and covered by one deed, is to be treated as the public property of the mission, which they are not at liberty to resell,"

When land or house property is acquired at Treaty ports by either merchants or missionaries, there is no question but that they are at liberty to dispose of it by reselling or otherwise; and Changsha-fu having been opened as a Treaty port, the land both inside and outside the city is all included within the Treaty port limits. There is consequently nothing to prevent British merchants or missionaries from residing and trading inside the city. This, after a lengthy discussion between the British Minister and the Wai-wu Pu, was at length admitted by the latter, who instructed both your predecessor, Governor Pang, and your Excellency to conform thereto. Thus, the action of Mr. Chu in unauthorizedly stating, with reference to the deed for house and land purchased by the mission in Hsi-ch'ang street which was sent in for sealing, that the property must be treated as the public property of the mission which they are not at liberty to resell, and further in instructing the Magistrate to indorse on the deed the statement that it is the public property of the mission, clearly contravenes Treaty provisions, and is also contrary to the instructions sent to your Excellency by the Wai-wu Pu. It, moreover, directly

at variance with the purport of the instructions received by me from the British Minister, and I am consequently unable to assent thereto.

I therefore have the honour to forward the deed for your inspection, and to inform you that should the mission later on have no use for the house and land in question, there is absolutely nothing to prevent them from reselling it. further beg that you will direct the indorsement on the deed, stating that it is the public I must property of the mission, to be deleted, so as to comply with Treaty provisions and as an earnest of fair dealing.

I avail, &c.

(Signed)

BERTRAM GILES.

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Inclosure 3 in No. 1.

Governor of Hunan to Acting Consul Giles.

Changsha, January 23, 1907. Sir,

I HAVE the honour to acknowledge receipt of your despatch with reference to the house and land recently purchased by the Wesleyan Missionary Society inside Changsa City, in Hsi-ch'ang Street, in the I-tzu-shan neighbourhood, the deed for which they requested you to send in to the Magistrate for sealing. You state that you forwarded the deed to Mr. Chu, the Superintendent of Customs, requesting that the deed be sealed and returned; but that on the deed has been added an indorsement to the effect that "This is the public property of a local mission"; while in the covering despatch it is stated that "The house and land purchased by the mission in the I-tzu-shan neighbourhood, and covered by one deed, is to be treated as the public property of the mission, which they are not at liberty to resell." Continuing, you state that, when land or house property is acquired at Treaty ports by either merchants or missionaries, there is no question but that they are at liberty to dispose of it by reselling or otherwise, and that Changsha-fu having been opened as a Treaty port, the land both inside and outside the city is all included within the Treaty port limits, and that there is consequently nothing, to prevent British merchants or missionaries from residing and trading inside the city. You say that the action of Mr. Chu in unauthorizedly stating, with reference to the deed for house and land purchased by the mission in Hsi-ch'ang Street which was sent in for sealing, that the property must be treated as the public property of the mission, which they are not at liberty to resell, and further in instructing the Magistrate to indorse on the deed the statement that it is the public property of the mission, clearly contravenes Treaty provisions, and is also contrary to the instructions sent to me by the Wai-wu Pu; that it is, moreover, directly at variance with the purport of the instructions received by you from the British Minister, and that you are consequently unable to assent thereto. You conclude by forwarding the deed for my inspection and informing me that, should the mission later on have no use for the house and land in question, there is absolutely nothing to prevent them from reselling it, and you request me to direct the indorsement on the deed, stating that it is the public property of the mission, to be deleted.

In 1865 the Tsung-li Yamên issued instructions to the effect that mission stations having already been established in the interior for a number of years, it was essential that, when missionaries purchased land for the establishment of such stations, it should be stated clearly on the bill of sale that the land was sold with a view to its becoming the public property of the local mission, thereby obviating any confusion. This arrangement was come to at the time in discussion with the French Minister, and was duly promulgated. Thenceforth, accordingly, wherever missions have purchased land or houses in the interior, the deeds have all been indorsed in this fashion.

In the present instance the Magistrate, having made a similar endorsement on the deed in question, has acted in accordance with the Regulations issued by the Tsung-li Yamên years ago. As far as the right of missionaries is concerned to purchase land and house property, to erect chapels and to preach in the interior, it is not on the same footing as the Treaty provisions which restrict foreign merchants to residing and trading in the Settlements at the Treaty ports. Consequently, with reference to the reply of the Customs Taotai that the public property of the mission concerned in this case may not be resold, it is impossible for me to comply with your request to delete the indorsement made upon the deed. The house in question is inside the city; and since the Missionary Society has purchased it as the public property of the mission, it is obviously not at liberty to resell it to foreign merchants, as this would involve an infringement of Treaty provisions.

I have, moreover, received a communication from the Wai-wu Pu with reference to the disability of foreign merchants to open business establishments or to reside and trade inside the city, and have communicated the same to you and to the Japanese Consul in a separate despatch.

I now have the honour to return to you herewith the deed forwarded by you.

I avail, &c. (Seal of Governor of Hunan.)

[2450 ƒ-8]

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