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Manila had cabled me protesting against the military order and urging that I obtain its withdrawal. The fact is that while I did not have official information of the order till it was communicated in Mr. Adee's note, and upon its receipt was surprised at its date, at the same time my information led me to fear that the rights and interests of the Chinese subjects in the Philippines were being greatly interfered with by the military authorities, and I was doing all that was possible to obtain official information and to correct the friction and hardships.

Having been officially informed of the existence and enforcement of the military order of September 26, 1898, applying the Chinese exclusion laws of the United States to the Philippine Islands, I now present to you, and throngh you to the President and Congress of the United States, the most earnest and solemn protest of the Imperial Chinese Government against the existence and enforcement of the order as contrary to international law and comity, in violation of the spirit of existing treaties, and in utter disregard of the friendly relations which should exist between the two Governments.

I protest against it, first, because it is not warranted as a military measure. It has never been alleged and can not be established that the Chinese population in the Philippines have been inimical to the occupation of these islands by the Government of the United States. It can not be shown that their presence in the Islands has in any measure interferred with the progress of military movements. On the contrary, it is understood that they have welcomed the advent of American authority and have rendered valuable assistance in the military movements.

I protest against it, secondly, because it is a departure from the announced policy of the President, to leave the status of the newly acquired possessions unchanged (except as required as a measure of military necessity, which is not so in the present case) until Congress shall determine the relation they shall sustain to the United States. This is plainly indicated in the note which you kindly sent me on February 6 last. Such has been the course pursued as to Porto Rico, which maintains toward the United States no change, except as called for by the military situation.

I protest against it, finally, because it is a great injustice to a numerous body of Chinese subjects, and will disturb the friendly relations which should be maintained between the Governments of China and the United States. In my note of February 3 last, I explained to you the circumstances under which the Chinese residents in the Philippines had grown to be a numerous people; that for centuries they had maintained with those islands very intimate and important relations; that during this long period there had existed free emigration and unrestricted intercourse; that among them were innumerable artisans, farmers, traders, merchants, bankers, and persons of large wealth; that many of these were native born and intermingled by marriage with the Philippine races, yet maintaining extensive social and commercial relations and intercourse with the southern provinces and ports of China. I need not dwell upon the evil effects, the hardships and injustice which will be done by a sudden stoppage of this intercourse. In the same note I pointed out the fact that the reasons in the labor question which influenced the adoption of the exclusion laws for the United States do not exist in the Philippines, and that it is illogical to apply them to that territory.

It is hardly necessary for me to recall past history to show how friendly have been the relations of the two great countries which face each other on the Pacific Ocean, and the disposition which the Imperial Government has manifested at all times to maintain and increase these relations. When by the fortune of war the United States were brought into much nearer proximity, my Government has seen in this event an additional reason why these friendly relations should become more intimate and harmonious. It can not be that the President of the United States, with his exalted sense of justice and his earnest. desire to promote good will among the nations, will allow a military commander to continue to enforce an unjust and cruel measure against so large a body of peaceful inhabitants, which can not fail to disturb the intercourse with a neighboring nation which desires to continue and enlarge their cordial relations with each other.

While it is my disagreeable duty, Mr. Secretary, to make this solemn protest against the order of General Otis, I appeal to you, and through you to the President of the United States, in the greatest confidence to cause this order to be withdrawn or suspended, at least until the Congress of the United States shall have determined the policy to be adopted for the new possessions.

Accept, etc.,

WU TING-FANG.

Mr. Wu to Mr. Hay.

No. 152.]

CHINESE LEGATION, Washington, November 15, 1899. SIR: I have heretofore had occasion to address you respecting the condition of Chinese subjects in and resorting to the Philippine Islands, and I regret that I have now to add to these very serious complaints a new one of an enlarged and aggravated character. I am informed by cablegram just received from the imperial consul-general at Manila that not only the laws of the United States as to the restriction of Chinese immigration are applied in those islands in all their strictness, but that they are also enforced against merchants and others of the exempt class, and that only those who have been former residents are permitted to land. I inclose herewith a copy of the cablegram

referred to.

I feel it my duty upon this occasion to renew the protest which I presented to you on this subject in my note of September 12 last, remains unanswered by your Department, and in the most solemn manner to enter the protest of my Government against this new act of the United States military commander, which I feel sure you will agree with me is in direct violation of treaty stipulations and unwarranted by any law of the United States.

I have to ask that instructions be sent to Major-General Otis to cease the violation of the treaty of 1894 by the exclusion of merchants and others of the exempt classes mentioned in article 3 of said treaty. I trust that I can rely upon you to exert your good offices to induce the Secretary of War to give instructions to General Otis to this effect, even if as a war measure it may be deemed expedient to temporarily exclude Chinese laborers from the islands, which, however, I respectfully submit no special circumstances have arisen to call for.

Accept, etc.,

WU TING-FANG.

[Inclosure.]

Translation of a cablegram from the Chinese consul-general at Manila to the Chinese minister at Washington, dated November 15, 1899, and received the same day.

Recently all Chinese, whether laborers or merchants, coming (to Manila) by vessels are subjected to investigation. Former residents only are permitted to land. Commencing from to-day Chinese leaving port are required to be photographed before being granted return permits by customs officials. These restrictions work hardship. Please protest.

No. 115.]

Mr. Hay to Mr. Wu.

DEPARTMENT OF STATE, Washington November 17, 1899.

SIR: I have the honor to acknowledge the receipt of your note of the 15th instant protesting against the alleged action of the military authorities of the United States at Manila in refusing to permit the landing there of Chinese subjects exempted by the treaty of 1894 between the United States and China, and requesting that MajorGeneral Otis be instructed to the end that such exempted classes be permitted to land.

A copy of your note has been communicated to the Secretary of War.

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SIR: By my note of the 17th ultimo I informed you that I had communicated to the Secretary of War a copy of yours of the 15th of that month, in which you protest against the alleged action of the military authorities at Manila in refusing to permit the immigration to the Philippine Islands of the subjects of China, exempted by article 3 of the treaty of 1894, between the United States and China.

I have now the honor to inform you that I am advised by the Secretary of War that the classes of Chinese subjects mentioned by you as being prohibited by the orders of the military authorities of the Philippine Islands from entering the territory are specially excepted in the order of the military governor in the following language:

There will be exempted from the above restrictions the parties named in article 3 of the convention between the United States of America and the Empire of China, published in supplement to the Revised Statutes of the United States, volume 2, pages 155-157, to wit: Chinese officials, teachers, students, merchants, or travelers for curiosity or pleasure. The coming of these classes of Chinese will be permitted upon production of a certificate from their Government, or the government where they last resided, viséed by the diplomatic or consular representative of the United States in the country or port whence they depart, supplemented by such further proof as is required in section 6 of an act of Congress approved July 5, 1884.

The Secretary of War has invited the attention of the military governor to your note and directed him to instruct the officers of the custom-houses in the Philippine Islands to permit no violation of article 3 of the treaty between the United States and China.

Accept, etc.,

JOHN HAY.

No. 158.]

Mr. Wu to Mr. Hay.

CHINESE LEGATION, Washington, December 14, 1899. SIR: I have great pleasure in acknowledging the receipt of your note of the 5th instant, in which you convey the welcome intelligence that the order of General Otis does recognize the right under treaty and the laws of the United States of the exempt class of Chinese to enter the Philippine Islands, and that the Secretary of War has called the attention of the commanding general to the complaint in my note of the 17th ultimo, and had instructed him not to permit any violation of the treaty.

I thank you for this renewed manifestation of the desire on your part to cause the treaty stipulations between the two nations to be observed, and I shall take pleasure in communicating the same to my Government. I beg, however, to recall to your attention the views set forth in my previous note respecting the exclusion of Chinese laborers from the Philippines, and particularly to my note of September 12 last, and to express the confident expectation that, with the happy prospect of the early establishment of peace and order, the military necessity which seems to have influenced the commanding general to issue the order of exclusion will soon cease to exist, and that the Chinese population and intercourse will be restored to the condition which existed for so many years previous to the American occupation of the islands.

Accept, etc.,

WU TING-FANG.

COLOMBIA.

CLAIM OF PANAMA STAR AND HERALD VS. COLOMBIA.

Mr. Uhl to Mr. McKinney.

No. 89.]

DEPARTMENT OF STATE, Washington, February 13, 1895.

SIR: I inclose for your information copy of Department's No. 1, of the 11th instant, to the Colombian chargé d'affaires ad interim at this capital, in regard to the claims of the Panama Star and Herald against the Government of Colombia.

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SIR: I have the honor to inform you that my attention has been recently called by the attorney for the Star and Herald Company to the claim of that company against the Colombian Government for the suppression of its paper at Panama in the year 1886.

From an examination of the documents and correspondence in this Department relating to the claim, it appears that the Star and Herald was a newspaper established at Panama, owned and published by an American company. By special decree of the President of Colombia it was excepted from the operation of the general decree which suspended the publication of all newspapers in the Republic from September, 1885, to March 13, 1886. The granting of this special decree was coupled with the expression of a hope, which may be construed as an injunction, that strict circumspection as to political subjects would be observed by the publishers.

On March 6, 1886 (one week before general liberty of the press was reinaugurated), the President of Colombia, by a telegram from Bogota, ordered Gen. Santo Domingo Villa, the civil and military chief of the Department of Panama, to warn the Star and Heraid to desist from censure, and if it persisted, to suppress it. What "censure" the paper had been guilty of does not appear.

On March 26, 1886 (two weeks after the general reestablishment of the liberty of the press), Gen. Santo Domingo Villa issued an order suspending the publication of the paper for sixty days from that date. He assigned as reasons (1) unfriendliness evinced by the paper toward the Government on more than one occasion during the last civil war; (2) the recent order from Bogota directing its suspension; (3) its failure to give an account of recent important administrative acts of the Government; and (4) its refusal to publish certain documents sent the editor, and the latter's failure to answer a private note transmitted to him with the documents.

The only specific charge against the paper was that last recited; that is, its failure to publish certain documents transmitted to it by General Vila, with a private note to the editor. The documents referred to were telegrams preferring a charge of smuggling against General Montoya, a brother officer of General Vila; and the note of the latter, transmitting them to the editor of the Star and Herald, merely suggested that he might publish them if he saw fit to do so.

On April 2, 1886, the Government at Bogota, having heard of the suspension, telegraphed to General Vila, remonstrating against the severity of his decree, and

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