Foreign Relations of the United States, 1901, Appendix, Affairs in China, Report of William W. Rockhill, Late Commissioner to China, with Accompanying Documents

Mr. Conger to Mr. Hay.

No. 558.]

Legation of the United States,
Peking, March 4, 1901.

Sir: * * * Immediately after the raising of the siege a number of foreigners at once began taking possession of and trying to purchase much of the burned and abandoned property in what must necessarily be the future legation quarter.

This is not a treaty port where foreigners may purchase land at will, but yet it was apparent that if this was not stopped the entire Chinese-owned property would be taken and no opportunity left for the necessary extensions of the legations.

In order to prevent this the foreign representatives, on the 6th of November last, passed the following resolution:

The diplomatic body agrees that no purchase of ground from the Chinese since the commencement of the siege, in the quarter occupied by the legations, will be of any value without the consent of the foreign representatives.

This at once put a stop to all purchases or seizures by private individuals.

Since the 14th of August, 1900, Peking has been under the military occupation of the allies. On November 6 the allied powers, through their representatives, gave the notice embodied in the resolution quoted above. This was a restriction or qualification of private ownership and a limitation of the right of alienation which, during the “military occupation, the dominant powers had a right to exercise, and no transfers within the time designated could be valid as against the United States or other powers represented here. The restriction was authorized by public law and necessary to prevent the acquisition of the property needed by private individuals for speculative or other purposes. It does not imply the forcible acquisition of property for legation purposes by the United States; but is a precautionary measure against the vesting of intermediate rights.

It is always the policy of the United States to make just compensation for property taken for public use. The above view seems to be well sustained by fundamental and international law and by court decisions and practice.

* * * * * * *

It is not the practice of the United States to confiscate property for its citizens nor for any other purpose, * * * I have contented myself with designating tracts in the vicinity of the legation’s present residence, which will be ample for the purpose of a new legation, including a place for the proposed guards, in case the Government determines to have a legation of its own. It is, however, probable that in the portion of the quarter allotted to the United States legation there will be some few desirable lots beyond the requirements of the legation, which, of course, citizens of the “United States have the first right to purchase.

I have, etc.,

E. H. Conger.

[Inclosure.]

Mis. No. 573.]

Peking, February 12, 1901.

To all American landowners in Peking:

I beg to bring to your special attention the following resolution adopted to-day by the diplomatic body, and at the same time to request that you will comply as soon as may be convenient with the instructions therein set forth:

“The representatives of the foreign powers have decided that it is best to define and organize as soon as possible the legation quarter provided for by the collective note accepted by the Emperor of China and which ought to be created at Peking.

“Therefore, each of the foreign ministers invites his nationals to make him acquainted with all the titles and references in support of the properties which they possess in the ground included within the following limits: Hatamen gate, Ketteler street, Italian boulevard, Stewart road, Chienmen street, Chienmen gate, Tartar City Wall.

“The only proprietors who will be considered as in legal possession are those who acquired title prior to June 20, 1900.

“Every minister will receive directly from his nationals the titles and references relating to the properties, and they should be delivered before February 25.

“The foreign landowners of countries which have no diplomatic agents in China should address the dean of the diplomatic body, the Spanish minister, prior to this date, supporting their claims by documentary evidence as above.”

E. H. Conger, United States Minister.