permit, and if the goods therein described correspond with the shipment, permission to land the same shall be granted. The date of entry shall be reported to this superintendency, which will, in turn, forward the same to the board of military affairs, for its information. II. Foreign merchants may import arms and ammunition as samples of war material, but it shall be the duty of the Chinese military or other official for whom the samples are intended to communicate first with the superintendent of customs concerned, asking for a permit for entry. Then, when the goods have arrived at the port, and the permit has been shown to the customs authorities, the goods may be landed. But single permits may not be issued to include more than two pieces of any one kind of implement of war, nor more than 1,000 rounds of ammunition. III. Any respectable foreign merchant landing in China who may have among his effects a revolver for defensive purposes will be permitted to land one such firearm, and not more than 200 rounds of ammunition. Upon arrival such goods must be declared to the customs official, who after proper inspection shall pass the same; but should any attempt at concealment be made the articles, upon discovery, shall be liable to seizure and confiscation. Any merchant residing in China and wishing to purchase arms or ammunition for hunting or protective purposes only shall, before the arrival of such goods at the port of entry, request the superintendent of customs at said port, through his consul, to issue a permit for the landing of such goods. Upon the arrival thereof and presentation of the permit to the customs authorities the goods may be landed. No permit for importation, however, shall be given to cover more than one hunting gun and 500 rounds of ammunition or under, or one revolver and not more than 200 rounds of ammunition. IV. Reputable foreign officials either coming to China or living therein may import arms for hunting or protection under the same conditions as merchants, with the difference that the restriction as to number is removed in their case. Declaration must be made of the number of firearms and amount of ammunition and the consul concerned must communicate with the superintendent of customs and obtain a landing permit. This being done the goods may be landed. V. Should the superintendent of customs in any instance find upon examination that there were reasons why a permit should not be issued, he may reply to that effect to the consul. VI. The firearms which it is specified may be imported by foreign merchants and officials must be either shotguns for sporting purposes or small-size revolvers intended to be carried on the person. As for the others-implements of war-these must be goods sent as samples to Chinese military or other authorities, or else goods actually purchased by them. When there is clear proof of this and it has been accepted by the customs taot'ai, such articles may be allowed entry. But foreigners importing arms for their own use may not use this provision for purposes of deceit. VII. When arms or ammunition are imported at any port of entry it shall be the duty of the superintendent of customs and the commissioner to record carefully the name and nationality, where he is from, the date of entry, and the number of pieces. The amount of duty levied shall also be registered. A record shall be kept of all such shipments imported for the use of Chinese military and civil authorities, showing what garrison or what bureau purchased the goods, what tartar-general, viceroy, or governor issued the permit, the number of times such shipments have been made, and the amount of each one. At the end of the year this record shall be sent to this superintendency for inspection and comparison. (The commissioner of customs of each port will send his report to the inspector-general, who will forward it.) VIII. All military firearms or ammunition not purchased by military or civil authorities shall by virtue of treaty stipulations be excluded from the country. IX. All goods imported under clauses II, III, and IV shall pay duty at the rate of 5 per cent ad valorem. X. If it is desired to transship at Shanghai arms imported by foreign merchants or officials for sporting or protective purposes, the consul concerned must inform the customs authorities at Shanghai, with the name of the importer and the size of the consignment. The transshipment will then be permitted. On arrival at the port of destination, the importer must, through his consul, procure a landing permit; and if this is found satisfactory the landing will be permitted. Issued by the superintendency of customs. [Inclosure 2.-Translation.] The Dean of the Diplomatic Corps to the Prince of Ch'ing. PEKING, October 30, 1907. YOUR HIGHNESS: Under date of September 2, 1907, the Waiwu Pu transmitted the text of the new regulations for the importation of arms to all the legations. Following the receipt of the communication, all the chiefs of mission felt obliged to examine and to discuss this question among themselves, and they have charged me, in my capacity as dean of the diplomatic corps, to inform your highness that the new regulations for the importation of arms and munitions, in the form in which they have been presented, can not be accepted by the representatives of the powers in China. Your highness has already had occasion to observe, in the various responses that up to the present have been received by the Wai-wu Pu to the first note addressed to the legations upon this same subject, dated May 2, 1907, that many objections were raised to the regulations in question to which the Wai-wu Pu has not given full consideration. The new regulations lack clearness in their phraseology, and even contain contradictions and may give rise, in their enforcement, to difficulties and discussions which it would be preferable to avoid. On behalf of all the chiefs of mission, I have the honor to inform your highness that the diplomatic corps is disposed to enter, through my mediation, upon the discussion with the Imperial Government of the new provisions it wishes to make for the importation of arms and munitions into China. It is superfluous to add that all the representatives of the powers in China are animated by an earnest desire to aid the Chinese Government in its task, and that they are ready to furnish, as far as possible, all guarantees that may be desired. Until some satisfactory agreement shall have been reached, the diplomatic corps will be obliged if your highness will have the proper authorities return to the practice which has been in constant use until the present time, and which also may serve as a basis for future discussion. File No. 4857/18-21. No. 382.1 The Secretary of State to Chargé Fletcher. DEPARTMENT OF STATE, Washington, December 18, 1907. SIR: I have to acknowledge the receipt of your dispatch No. 777, of the 2d ultimo, inclosing a copy of a note addressed to Minister Rockhill by the Chinese foreign office, with which was inclosed a copy of the new regulations governing the importation of firearms and ammunition into China. You also inclose a copy of a note from the dean of the diplomatic corps, addressed to the foreign office on the subject, and you point out wherein the regulations seem objectionable to you. The department approves your action in joining in the protest of the foreign powers against the new regulations, on the ground that they make no exception regarding the importation of firearms for the use of the legation guards or foreign volunteer corps, nor of sporting rifles which visitors to China may wish to bring with them. The department, however, is in sympathy with the Chinese Government in its desire to restrict at the present time as much as possible the importation of firearms which in all probability are smuggled into the Empire for revolutionary purposes. It is to be hoped that the foreign representatives in Peking, in their refusal to accept the regulations in question, will not convey the im pression that their governments are lacking in sympathy with the Chinese Government in its endeavor to prevent firearms from reaching undesirable persons. I am, etc., E. ROOT. STAMPING OF DEEDS FOR PROPERTY PURCHASED FOR MISSIONARY PURPOSES. File No. 135/1. No. 299.] The Acting Secretary of State to Minister Rockhill. Washington, May 31, 1907. SIR: I inclose herewith a copy of a dispatch from the consul-general at Tientsin, reporting that the Wai-wu Pu has instructed all the viceroys and governors of Provinces to warn their civil and military subordinates to take note that, in accordance with treaty stipulations concluded with the powers, all descriptions of foreign missions and missionaries who desire to purchase immovable properties outside the limits of the foreign settlements at the various treaty ports, exclusively for mission purposes, must insert the characters "kung tsan," or "public property," in their title deeds, so as to prevent them from reselling such lands and houses for other uses by foreign merchants or others in China. While the President sees no particular objection to the insertion of some reservation in title deeds to land given exclusively for missionary purposes, in accordance with Article IV of the treaty of 1903, there may be a question whether the expression mentioned in the consul-general's dispatch might not be somewhat objectionable as giving the impression that land held under such deeds was government land. The department would be pleased to have an expression of your views in the matter. I am, etc., [Inclosure.] ROBERT BACON. No. 231.] Consul-General Ragsdale to the Assistant Secretary of State. AMERICAN CONSULATE-GENERAL, SIR: I have the honor to report that for the purpose of future reference the Wai-wu Pu has issued instructions to all the viceroys and governors of the Provinces advising them to each submit a detailed report about the exact number of foreigners residing or trading within their respective jurisdiction. including the consuls for the powers and their staffs at the various treaty ports. The viceroys and governors have been advised to renew their reports once every three months hereafter. Besides this, their excellencies have also been advised to warn their civil and military subordinates to take note that, in accordance with treaty stipulations concluded with the powers, all descriptions of foreign missions and missionaries who desire to purchase immovable properties outside the limits of the foreign settlements at the various treaty ports, exclusively for mission purposes, must insert the characters "kung tsan," or "public property," in their title deeds, so as to prevent them from reselling such lands and houses for other uses by foreign merchants or others in this country. The local officials are warned that they must take all the consequences if this order is neglected by them in the future. This order is brought about by knowledge of the fact that some of the missions have sold, from time to time, property to foreign merchants that had been conveyed to them solely for missionary purposes. SIR: I have the honor to acknowledge the receipt of the department's instructions No. 299, of May 31 last (File No. 135-1), inclosing a dispatch from the American consul-general at Tientsin on the subject of the stamping of deeds for real estate, situate outside of treaty ports, purchased by missionaries, with the characters "kung ch'an," so as to prevent the alienation of such foreign-owned lands and houses for other purposes. Under date of May 17 last, the consul-general at Hankow reported that certain property in the vicinity of Hankow had been purchased by individual American missionaries and afterwards sold by them to foreigners for purposes of summer residence, and that this had occasioned a bitter dispute with the local officials, This circumstance, in all probability, gave rise to the order of the Wai-wu Pu, mentioned in Mr. Ragsdale's dispatch. To this communication I replied, under date of May 27, that the legation saw no reason for interfering in the matter, which seemed to be one for local settlement. Since then there has been no further report. Later the legation received a communication dated June 19, from W. B. Seabury of the Yale Mission at Changsha (copy inclosed), on the subject of the stamping of mission deeds, but with the additional feature that Changsha is an open port. Inasmuch as a similar case had been taken up by the British legation with the Wai-wu Pu for a British missionary society-located at Changsha-in which it was finally agreed that the deed should be stamped by the local authorities with characters signifying "This is mission property," I advised Mr. Seabury to allow his mission deeds to be stamped in the same manner, and that the question of the mission's right to alienate the property would be met when it arose, if it ever should arise. As stated in my letter to Mr. Seabury, I also see no particular objection to stamping the deeds with characters indicating that the land be held for mission purposes, and the character employed, viz, "kung ch'an," may be fairly held to indicate this. "Kung ch'an" means public real property, but not government property. Any piece of real estate owned by an organization, such as a guild, company, community, church, etc., is properly called "kung ch'an." The missionaries should have the property deeded to the missionary society or the native church, as they prefer, and the words "kung ch'an" will then be clearly understood as referring to the property of said society. The words used in the Chinese text of our last treaty are "Wei chiao hui kung ch'an "-i. e., “as the public property of the churches (church societies)" translated in the English text, "as the property of such societies" (Art. XIV). The words in the English text "For missionary purposes are given in the Chinese text as "i pei ch'uan chiao chih yung," which is an excellent translation, and would be applicable to purchases for mission purposes, whether made by missionary societies or by an individual unaffiliated missionary. I have, etc., [Inclosure 1.] W. W. ROCKHILL. Consul-General Martin to Minister Rockhill. AMERICAN CONSULATE-GENERAL, Hankau, May 17, 1907. SIR: I have the honor to call your attention to a condition that exists here at present. About one year before I came here as consul-general three missionaries, American citizens of Norwegian birth, purchased in their own names a hill known as “Chi Kung Shan,” located partly in Hupeh and partly in Honan, and which is near the Hankau and Peking Railway station at Sin Tien, about six hours from Hankau. It appears that when the missionaries purchased the hill from the owners the Chinese officials knew all about it, and after looking over the title and measurement of the land stamped the deeds. The said missionaries built one or two houses thereon and lived in them. Nothing was said nor was any complaint made for a year or two. In 1906, some merchants of Hankau, finding that a cool place was so advantageously situated, went up one after another to examine it, with the result that the missionaries consented to sell them lots and give them title when said merchants could get permission from the Chinese Government to live there. Instead of waiting till the permission was obtained, they began building at once. Last summer the Chinese officials raised an objection to their building there, and as almost all nationalities represented in Hankau were interested there was a meeting of the consular body called and a resolution passed requesting Mr. E. H. Fraser, the British consul-general, to take up the matter, as the Doyen, with the Chinese officials. This he did with the viceroy, who said that as far as he was concerned arrangements might be made, but that it would have to be taken up with the Wai-wu Pu, and promised to do so. A few months ago I received a communication from one taotai, Hsu, stating that he had been sent by the governor of Honan to see me about Chi Kung Shan. He insisted that the merchants had no right there, and I told him I was well aware of it. He then accused the missionaries of buying their land in an underhand way for the purpose of selling it at a large profit. He therefore requested that I at once command the missionaries to return the deeds and receive the original price of the land. I informed him that the missionaries purchased the land from the owners, and the Chinese official was well acquainted with the fact at the time and stamped the deeds. While the treaty says missionary societies may purchase land and build thereon, it does not bar the Chinese officials from giving the privilege to the individual missionary. If, however, they believed that the American missionaries, with their stamped deeds, were trespassing or breaking the treaty, the United States has created a superior court, which will hold session in Hankow, before which said missionaries could be tried, and if found guilty would be dealt with by the court, but that they must formulate their charge. This they declined to do, but insisted on my commanding them to get out. A few days ago a proclamation was issued forbidding any contractors or coolies to perform labor there under penalty of imprisonment. They are now demanding that all the houses shall be torn down and the land restored to the Chinese. A meeting of the consular body was held on the 15th instant, when it was decided to have Consul-General Fraser arrange, if possible, with the viceroy to take the houses at cost and to rent them at a fixed percentage. I have so far refused to acknowledge the invalidity of the missionaries' deeds, because it may jeopardize a large amount of property that in other years was deeded to the individual missionary but is used by the society of which he is a member. I fear that these missionaries bought the property on Chi Kung Shan for the purpose of a summer resort, and depended upon the consuls to get |