Angell to Sir Robert Wingate, August 20, 1880

Mr. Angell to Mr. Wingate.

Sir: I have before me Mr. De Lano’s dispatch No. 172 to Mr. Seward, giving an account of the enforcement by the governor-general’s order of certain new rules, which are prejudicial to the interests of foreign residents wishing to acquire property.

When one examines these rules and the manner in which they were enforced in the case described, and especially when one recalls the spirit so often shown in and near Foochow towards foreigners, one cannot escape the conviction that these regulations are intended, as they are calculated, to render the acquisition of real property by foreigners extremely difficult, if not impossible.

I heartily approve the general spirit or Mr. De Lano’s remonstrance against this innovation. I may suggest that Article XII of our treaty of 1858 furnishes a stronger ground than Article XXVIII on which to rest objections to these rules and, an altogether sufficient and impregnable ground. Clearly, the treaty assures to our citizens the right to rent real estate freely of Chinese citizens who are willing to lease.

Clearly, the procedure resorted to in the transaction described by Mr. De Lano must have the effect to deter Chinese from leasing and so to hinder our citizens from obtaining leases.

You are authorized to say to the intendant that the matter has been referred to this office, and that we cannot assent to rules and procedures so clearly in antagonism to our treaty. You may also say that in case any modification of the old regulations concerning the leasing of property by foreigners is made, it seems to us but courteous and proper that the consul should be informed of it before it is put into execution.

Mr. De Lano states that he had informed the intendant that “henceforth, American citizens, when effecting leases, would be permitted to enter upon the possession of their property on depositing their title papers in the consulate, and the consul might elect when he would send them to the magistrate for registration.”

It is so desirable to comply promptly with all reasonable requirements about the registration of leases that I will ask you to consider carefully what is wise in that regard. Your acquaintance with the circumstances and your discretion will, I am sure, lead you to a prudent decision.

I am, &c.,