tion of the continued residence in Peking of foreign merchants who located here during its occupation by the allied forces. * * * The treaties do not permit the residence of any foreign merchants in the city of Peking, but several years ago permission was given for the opening of stores here by a Dane, a German, and a Frenchman for the especial accommodation of the legations, but their trade soon developed into a very large business with the Chinese. The Hongkong and Shanghai and the Russo-Chinese banks have also been established here for several years, so that the city has, in fact, by precedent at least, been opened to special if not to general trade. It is true that the banks and stores mentioned are located within the limits of the legation quarter, but their business extends throughout the city. I have consequently, as have most of my colleagues, thought best to keep the question open, with the hope that its final settlement would result in opening the city generally to foreign trade. Further action will be promptly reported. I have, etc., E. H. CONGER. [Inclosure 1.-Translation.] Prince Ching to Mr. Conger. Last year after the military disasters it became common for merchants of various foreign nationalities to rent or seize houses in all parts of the city and open shops. The allied forces being in possession and control and the local administration not having been handed back, the circumstances were not those of ordinary times, but now that peace negotiations are concluded and friendly relations reestablished, seeing that Peking is not in the list of treaty ports, the shops and hongs established by these foreign merchants ought all be removed to the treaty ports in accordance with the treaty stipulations. Should there be any who had put buildings in repair, they ought also to take these away immediately, and in order to avoid complications there ought to be no pretext of demanding compensation. As in duty bound I send this dispatch to your excellency, that on examination you may issue orders accordingly. Kuanghsu, twenty-seventh year, eighth moon, 22d day (October 4, 1901). [Inclosure 2.] Mr. Conger to the President and Ministers of the board of foreign affairs. LEGATION OF THE UNITED STATES, YOUR HIGHNESS AND YOUR EXCELLENCIES: I have the honor to acknowledge the receipt of the dispatch of your highness and your excellencies, dated the 4th instant, in which you call attention to the fact that during the military occupation of Peking this past year many merchants of various nationalities seized or rented houses in different parts of the city and opened shops. You say that the conditions then were exceptional, but that now that the peace negotiations are concluded these shops and hongs ought to remove to the treaty ports in accordance with the treaty stipulations, etc. In reply I beg to say that I am informed that merchants and other business men of various nationalities have already been given permission to carry on business in Peking. If this information be correct, then, of course, citizens of the United States have the same right. But if all foreign business is to be excluded from the city, then the United States merchants, if there are any, will be instructed to go out with the others. I, however, take the liberty to incidentally suggest to your highness and your excellencies that the present is a most opportune time for the Chinese Government to voluntarily place the city on the basis of a treaty port. Peking should be the great and convenient entrepot for the vast and populous territory behind it, and if so opened Chinese revenue would be increased thereby, the recently reestablished peace and friendly intercourse would be strengthened, and mutual benefits result. I avail myself, etc., E. H. CONGER. Mr. Hay to Mr. Conger. No. 416.] DEPARTMENT OF STATE, Washington, November 23, 1901. SIR: I have to acknowledge the receipt of your dispatch No. 779, of the 16th ultimo, inclosing a copy of correspondence between you and the Chinese foreign office upon the question of the continued residence in Peking of foreign merchants who located there during the occupation of that place by the allied forces. The Department approves your reply to the Chinese foreign office, as given in the inclosure to the dispatch. I am, etc., JOHN HAY. Mr. Conger to Mr. Iay. No. 1372. LEGATION OF THE UNITED STATES, SIR: Referring to my No. 779, of October 10, 1901, I have the honor to inclose herewith a copy of a note received by the dean of the diplomatic corps from Prince Ch'ing, advising that henceforth foreign merchants will not be permitted to buy property in Peking for dwellings or to establish places of business thereon. He says that since the occupation of Peking by the allied forces in 1900 such purchases have been agreed to by the Chinese officials as an exceptional arrangement, but that since conditions are now settled the old regulations ought once more to obtain, and such exceptional arrangements will no longer be made. * * My own opinion is that it were better not to formally agree to their request nor to so flatly reject it as to compel a direct and definite determination. I have, therefore, since the note is addressed to the dean only, thought best to make no reply at present, but leave the matter open for such future discussion as events may require. I have, etc., [Inclosure.] E. H. CONGER. Prince Ch'ing to the dean of the diplomatic corps. I have the honor to call your excellency's attention to the fact that Peking is not by any means a treaty port. According to the treaties, it was originally agreed that merchants of the various nationalties should not be permitted to purchase houses, reside, or establish business houses here. Since the coming of the allied forces to Peking in 1900, the merchants of their several nationalities have followed them here, have bought houses and opened places of business in great number. Moreover, some have sent the deeds to the places bought, transmitting them through their ministers in Peking to our board to be forwarded to the prefect of Shun-t'ien Fu with fees for his seal, and our board has in each case made an exceptional arrangement and consented, but now, the general aspect of affairs being settled, we ought naturally to return to the old regulation, so as to conform to the requirements of the treaties, and we must therefore clearly state that henceforth merchants of the various powers will not be permitted to buy any more property in Peking for dwellings or to establish places of business, and should there be any additional purchases of property and request be made for official stamping of the deeds our board will not again agree to any exceptional arrangement in the matter. As in duty bound, I send this dispatch to your excellency, the dean, and hope that you will transmit it to the various ministers for their information that they may generally instruct the merchants of their several nationalities to take note thereof. A necessary dispatch. Kuanghsu, twenty-ninth year, sixth moon, 15th Day (August 7, 1903). No. 718.] Mr. Hay to Mr. Conger. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your dispatch No. 1372, of August 21 last, inclosing a copy of a note received by the dean of the diplomatic corps from Prince Ch'ing, advising that thenceforth foreign merchants will not be permitted to buy property in Peking for dwellings or to establish places of business in that city. The Department approves your course in not making any reply to the note at present, but leaving the matter open for such future discussion as events may require. I am, etc., JOHN HAY. COLOMBIA. ATTITUDE OF COLOMBIAN GOVERNMENT TOWARD UNITED STATES MISSIONARY SCHOOLS. « Mr. Hart to Mr. Hay. No. 732.] LEGATION OF THE UNITED STATES, Bogotá, March 2, 1903. SIR: I have the honor to inclose copies and translation of correspondence passed between this legation and the Colombian foreign office, copies of two letters addressed to this legation by the principal of the American School for Boys, located at this capital, and copies of communications addressed to those principals by the ministry of public instruction, in the matter of the reopening, after the usual vacation, of the American School for Boys and the American School for Girls, both established in this city. The schools in question are conducted by missionaries under the auspices of the Presbyterian Board of Foreign Missions established in the city of New York. The principals of these institutions are citizens of the United States-persons of good character and of good standing in this community. It should be added that the two American schools in this city are going ahead as usual, the school for boys prospering as never before. In Medellin and Barranquilla are schools under the same auspices. The translation of the answers of the minister of public instruction to the memorials of the principals of the schools will be found in the translation of the foreign office note of January 17. I am, etc., CHARLES BURDETT HART. [Inclosure 1.] Mr. Hart to Dr. Paúl. LEGATION OF THE UNITED STATES, SIR: As your excellency is aware, the American School for Boys and the American School for Girls are institutions of learning long established at this capital and are presided over by citizens of the United States of America. The principals of these schools, desiring according to custom, to reopen them in the present year after the usual holiday season, and in view of the decree of December 31, 1901, issued by the ministry of public instruction, presented to that ministry on the 2d day of December, 1902, their memorials in due form asking the required permission. The requests not having been granted, the principal of the American School for Boys called at the ministry of public instruction on the 3d day, and again on the 5th day of the present month, and was informed that the said memorials will be answered about the middle of the present month in a general resolution covering all such applications. It does not seem that any consideration of the public welfare makes necessary a longer delay, which, up to this time, has not permitted the principals of the schools a See Foreign Relations, 1902, p. 293. in question to make the necessary arrangements and public announcements for the school year about to begin. For example, the said principals have not felt at liberty to engage teachers, because they have not yet received official permission to continue the lawful business in which they have been occupied. Since these schools were very properly allowed to continue in operation through the civil war in Colombia, now happily ended, it may be taken for granted that there is no intention on the part of your excellency's Government to treat them with less consideration now. This being true, I trust that your excellency's Government may be pleased to cause to be answered, without further delay, the respectful memorials of the American School for Boys and the American School for Girls, filed more than a month ago. I improve this opportunity to renew, etc., CHARLES BURDETT HART. [Inclosure 2-Translation.] Doctor Paúl to Mr. Hart. MINISTRY FOR FOREIGN AFFAIRS, SIR: In a communication bearing date the 15th instant my honorable colleague of the ministry of public instruction, who was advised of the contents of the polite note of the 8th instant which your excellency was pleased to address in the matter of the permission asked by the principals of the American School for Boys and the American School for Girls to open their respective establishments, tells me that the matter was determined on the said 15th instant in the following manner: "In view of the memorial addressed to the ministry of public instruction by Mr. Malbone W. Graham requesting permission to open in this city the American School for boys. "Considering that article 38 of the present constitution declares that only the Roman Catholic Apostolic religion is the religion of the country, which religion the public authorities shall protect as an essential element of social order. "On the other hand, if the same fundamental law permits the exercise of all forms of worship not contrary to Christian morals nor to the laws, worship or the series of acts of adoration of the Divinity must not be confounded with the propaganda and teaching of a religious system. "If it be held that establishing Protestant schools is establishing an industry, it must be remembered also that these industries and the professions will be inspected in their relation to morality, safety, and public health, and that the teaching of doctrines opposed to the Roman Catholic doctrines engenders the social evil of opposition in the minds of citizens and incites division in the country, which brings, clearly, pernicious consequences. "These statements are proved by the knowledge which the ministry has of the mockery by pupils of the American school of acts of the Roman Catholic worship. "In the first three articles of the Concordat, which is the law of the Republic, are rather amplified the obligations of the state toward the church, whose canonical legislation is to be respected by the authorities. "Finally, in view of the foregoing considerations, and in order to leave intact the toleration of individual ideas and paternal rights, "The ministry resolves: "The Protestant schools are permitted to open as private establishments in which instruction may be given to the children of Protestant persons, but it will not be permitted to give them the character of public schools by means of advertisements nor in any other similar manner." With this I beg, etc., FELIPE F. PAÚL. [Inclosure 3.] Mr. Hart to Doctor Paúl. LEGATION OF THE UNITED STATES, SIR: I have the honor to acknowledge receipt of your excellency's polite note of the 17th instant, replying to mine of the 8th instant, in the matter of the reopening of the two institutions of learning known, respectively, as the "American School for Girls" and the "American School for Boys," both established at this capital. In the note which I have the honor to acknowledge your excellency is pleased to |