Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1906, (In two parts), Part I

Minister Rockhill to the Secretary of State.

American Legation,
Peking, China, February, 13, 1906.

No. 225.]

Sir: In continuation of my No. 200, of January 18 last, in regard to Article VII of the new mining regulations, I have the honor to inclose herewith a copy of my note to Prince Ch’ing of the 30th ultimo, in further remonstrance against the above article.

I have insisted that Article VII shall be amended so that it shall not conflict in any way with the provisions of the treaty of 1903 between the United States and China.

I have the honor, etc.,

W. W. Rockhill.

[Inclosure.]

Mr. Rockhill to the Prince of Ch’ing.

Peking, January 30, 1906.

Your Imperial Highness: I have the honor to acknowledge the receipt on the 10th instant of your imperial highness’s dispatch in reply to mine of December 23, 1905, in which I presented objections to Article VII of the regulations providing for provincial bureaus of inspection in mining affairs. Your highness states that you had written to the board of commerce about the matter, and had received its reply, which you quote at length and forward to me without comment.

I have the honor now to bring the question once more to the attention of your imperial highness, and to say plainly that the reply of the board of commerce is not at all satisfactory.

If the intention of the article be, as is said, to prevent fraud, the object may easily be accomplished without employing language which to the ordinary reader seems clearly to forbid the sale of lands to foreigners. American citizens are permitted by treaty to purchase mining lands, and, as Article VII of these new regulations forbids the sale of such property to any person not a native of the Province, it is clear that it does conflict with the treaty. The board of commerce points out that it also conflicts in the same way with Article III of the original regulations, and this is an additional reason for amending Article VII of the new regulations, and not, as the board seems to think, a reason for letting it stand.

It becomes my duty, therefore, to insist that the article referred to shall be amended so that it shall not conflict in any way with the provisions of the treaty of 1903 between the United States and China. Since the board of commerce disclaims the intention to forbid the sale of mineral lands to foreigners, it will be a very simple matter to make the verbal change that is required, and I trust that your imperial highness will take the action necessary to this end without delay.

I avail myself, etc.,

(Signed)

W. W. Rockhill,
Envoy Extraordinary and Minister Plenipotentiary of the United States.