Carrow to James Burrill Angell, July 5, 1881
Mr. Carrow to Mr. Angell.
No. 16.]
Sir: I have the honor to submit for your decision the following case:
Rev. E. Z. Simmons, an American missionary, acting for the American Southern Baptist Mission, bought of two Chinamen (Wong Hoy Chow and Ngai Tai Shing) two lots of ground adjoining each other, on which to erect a dwelling-house. These lots of ground are situated on the river side, outside the city walls, and in the immediate neighborhood of other houses owned and occupied by missionaries. The deeds to this ground, this office has forwarded to the Nam Hoi magistrate, through his excellency the viceroy, for the magistrate’s stamp and verification as is usual in such cases. He declines to stamp them for the following reasons:
“That Shameen, the foreign concession being the “open port of Canton,” these lots are therefore in the interior, and China’s treaty with the United States does not allow Americans to buy land in the interior. That his predecessors in office have committed grave errors in stamping and verifying deeds to property which are now held by foreigners in different parts of the city.”
Even should foreigners have the right to buy property in Canton, outside of Shameen, he contends that these particular deeds are not proper ones for verification, because the Reverend Simmons’ name is mentioned in them, and that they should read the Baptist Mission buys, &c., instead of the Rev. Simmons buys for the American Baptist Mission,” &c.
I have the honor therefore to submit to your excellency these two points, viz: Can Americans buy property in Canton without Shameen? In other words, what is to be considered the “open port of Canton?” Second, are these deeds in proper form, and if not, how should they be worded? I may say that the Nam Hoi admits the parties selling the land are the lawful owners.
I am, &c.,