Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1903

Mr. Allen to Mr. Hay.

Legation of the United States,
Seoul, January 2, 1903.

No. 561.]

Sir: I have the honor to inform you that I joined with my colleagues of the diplomatic corps in declining to attend a ceremonial audience at the palace on New Year’s day, for the reason that we had been unsuccessful in securing attention to certain important matters, and had therefore applied for a joint audience, which was refused. As a result of our action a satisfactory arrangement was made for the discussion and settlement of our matters, and we therefore attended the audience.

The circumstances are as follows:

On November 5 last we addressed a joint note to the minister for foreign affairs, complaining that we were unable to secure attention to matters relating to the transfer of property in Seoul, and we made certain propositions looking to a removal of the difficulties under which we were laboring. Although we asked the minister to fix a date for receiving us for the consideration of these matters, and intimated that a failure to give attention to the matter would compel us to apply for a joint audience, we got no reply. (Inclosure 1.)

On December 5 Mr. Hayashi, the Japanese minister and doyen, was obliged to remind the minister of the failure to attend to our request, and to ask for a joint audience. He, of course, wrote for all of us.

This communication brought a reply from the minister, dated December 12, in which he said he could and would attend to the matter. He failed to do so, however. (See inclosure 2.)

We therefore met on the 29th instant and decided to decline to attend the New Year ceremonial audience, which we did in a joint note, a copy of which I inclose (No. 3).

I was empowered to state personally that the receipt of a formal dispatch fixing a date early in January for the joint discussion of these matters by the minister for foreign affairs and ourselves would induce us to recall our refusal to attend the audience. Such dispatch was received on the 31st (inclosure 4), and we accepted it and agreed to attend the audience (inclosure 5).

I may add that I drafted these notes to the foreign minister, including that of November 5, and the suggestion to decline to attend the audience was also my own. I felt confident such course was necessary and that it would result as it did. We may possibly be able now to effect a settlement of difficulties that the Korean Government should never have placed in our way, though the matter may still require action by the Governments represented.

I inclose a copy of the remarks I made on the occasion of the audience. * * *

The results of our action so far are very satisfactory to the foreign representatives. We meet the foreign minister on the 10th instant for a full discussion of the matter.

I have, etc.,

Horace N. Allen.

[Inclosure 1—Translation.]

Joint note to Mr. Cho Pyeng Sik.

Seoul, November 5, 1902.

Monsieur le Ministre: We have the honor to address your excellency on the subject of the issue of title deeds for land in and about the city of Seoul, which city has been duly opened to foreign residence by treaty.

At present when land is purchased by foreigners in accordance with their treaty rights the personal deed of the Korean owner is transmitted to the governor with an application for the issue of an official deed.

Of late great delay and annoyance has been experienced in nearly every one if not all of these cases.

Objections are raised on the score of the land being too near some Government establishment, or of its being destined to official uses. Deeds specifying the measurements of the area purchased are refused as well as those for land without houses.

All this is manifestly in violation of the treaty stipulations.

When delay is complained of the governor excuses himself on the ground that the issue of deeds is a matter controlled by the home office, to which we can not apply.

With a view to placing the matter on a satisfactory footing, we have the honor to request that all matters relating to the transfer of land, in or about the city of Seoul, to foreigners, be placed in the hands of the governor or his deputy, and that an imperial decree to this effect be issued. In this decree we would ask that the official be instructed to give prompt attention to such matters, to refrain from all obstructive measures not warranted by treaty, to include measurements of ground in the deeds issued, and to raise no objections to the transfer of land alone.

The land question has become a serious matter for each one of us, and we would request your excellency to favor us with an early and satisfactory reply, which will assure us that our nationals will no longer be subjected to restrictions in the full enjoyment of their treaty rights in this respect.

Failing the receipt of such an answer we shall be obliged to apply for a joint audience with His Majesty the Emperor in order to lay the matter before him, prior to requesting instructions from our respective Governments on the subject.

We would at the same time draw your excellency’s attention to the obstructive measures frequently adopted by the Kamnis at the various treaty ports, whereby foreigners are refused deeds for property within the 10 li radius or within the limits of the city of Pyeng-Yang.

We avail, etc.,

(Signed by the members of the Diplomatic Corps.)

[Inclosure 2—Translation.]

Mr. Sik to Mr. Hayashi, Dean of the Diplomatic Corps.

Foreign Office, December 12, 1902.

Your Excellency: I have the honor to acknowledge the receipt of your letter of the date of the 5th instant, in which you informed me that regarding the matter of the deeds of property bought by the foreigners in the city and other places, the diplomatic corps submitted on the 5th ultimo their opinions; that on the 27th of last month you wrote me for an appointment of time for the diplomatic corps to come to see me on the same subject, but that you were wondering why I did not answer, and that the diplomatic corps desired to have a joint audience, asking me to arrange for an audience.

I beg to inform you that I am very sorry that it needs my thinking over, and it caused me to delay in answering you. I am the representative of the Korean Government, and all matters between the foreign representatives and the Korean Government shall be discussed and managed with me. Therefore I do not think it necessary to have an audience with His Majesty merely on this matter. I will appoint a time and invite you and the foreign representatives to meet at my office, when I will not certainly delay any longer to manage it.

I have, etc.,

Cho Pyung Sik,
Minister for Foreign Affairs.

[Inclosure 3.]

Joint note to Mr. Cho Pyung Sik.

Seoul, Korea, December 29, 1902.

Monsieur le Ministre: On November 5 last we had the honor to address your excellency in regard to certain difficulties we were experiencing in regard to property rights in Seoul and the ports, asking for a joint interview with you for the discussion of the subject, and intimating that we might be obliged to carry the matter before His Imperial Majesty the Emperor in a joint audience.

Not being favored with a reply, on December 5 we again addressed you on the subject asking for a joint audience with His Imperial Majesty.

On December 12 you replied that an audience was unnecessary and that you were able to arrange the matter, which you said was a part of your duty.

Since then we have had no intimation from you as to a compliance with our request for a joint interview, and we know of no steps having been taken looking to any arrangement regarding the matters of which we had to complain.

In view of this state of affairs; the apparent ignoring of our complaint; our failure to secure an interview with yourself, and the fact that our request for a joint audience remains unsatisfied, we are reluctantly compelled to inform your excellency that we will be unable to accept the invitation of the president of the ceremonial department to attend a ceremonial audience on New Year’s day.

We take this opportunity, etc.,

(Signed by the members of the Diplomatic Corps.)

[Inclosure 4.]

Mr. Sik to the foreign representatives.

Foreign Office, December 30, 1902.

Your Excellencies: In reply to your excellencies’ letter of the 29th instant, regarding the matter of deeds of property in this city and in the ports, in which you say that your excellencies would not be in the audience on January 1 next unless a day in the early part of January was fixed to settle the matter, etc.

I have the honor to inform you that I am very busy in the office lately and I can not spare a day before New Year’s day to discuss the matter with your excellencies, so I name the day of 10th January, at 2 o’clock p.m., asking your excellencies to come to my office to discuss and settle the matter on that date.

I said in my previous answer that I would not trifle and delay the matter. Is what I said incredible? Your excellencies say in the letter to which this is an answer that I ignored the matter, which I did not expect from you, and in such a matter it must be discussed; so I said in my answer there was no necessity to have an audience. But you say that an audieuce was not granted, and that therefore you would not go to the audience to congratulate His Majesty on the New Year’s day. This is also what I could not expect from you.

I therefore ask you to think of the amicable friendship and attend the New Year’s audience.

I have, etc.,

Cho Pyung Sik,
Minister for Foreign Affairs.

[Inclosure 5.]

Joint note.

Seoul, December 31, 1902.

Monsieur le Ministre: We beg to acknowledge the receipt of your excellency’s dispatch of yesterday’s date, replying to our joint note of the 29th instant.

In this dispatch you fix January 10, at 2 p.m., as the date and hour for receiving us at your office for the purpose of discussing and settling the questions mentioned in our joint notes, to which this is a reply.

As your excellency seems to be somewhat surprised at the action taken by us in our joint note, we wish to remind you that we had no intention of giving offense by our refusal to attend the ceremonial audience on New Year’s day. Our action was forced upon us by our inability to secure the discussion of matters of serious importance relating to treaty stipulations.

In view of the fact that your excellency has arranged a date for the discussion and adjustment of the matters in question, we herewith recall our refusal to attend the ceremonial audience and we respectfully request your excellency to inform the president of the ceremonial department that we will be present at the hour named in his invitation, 10 a.m. to-morrow.

We take this opportunity, etc.,

Horace N. Allen,
For the foreign representatives.

[Inclosure 6.]

Remarks made by Mr. Allen at Audience.

Your Imperial Majesty: On behalf of the Governments and peoples we represent, as well as for ourselves, we tender to Your Majesty our sincere congratulations upon the successful closing of another year and the beginning of this New Year, which we hope may be one of promise to yourself; to His Imperial Highness the Crown Prince and to the Princess, as well as to Your Majesty’s Government and people.

During the past twelve months Your Majesty has entered the honorable stage of advanced age, having celebrated the close of the first cycle of the sixth decade of your honorable life.

You have also successfully passed the fortieth anniversary of your enthronement, in connection with which event the country has witnessed great celebrations. The extensive preparations for the celebration of this event by foreigners had to be abandoned owing to the presence of a dread scourge. Your Majesty’s health was, however, preserved, and you have reached an age and a length of reign such as may be said to be unusual and, therefore, a subject for congratulation.

We wish you a continuance of health and peace and bespeak prosperity for your honorable country.