who for about thirty years has been engaged in religious and educational work in Spain, under the American Board of Commissioners for Foreign Missions, information as to the number of Protestants and also as to the religious privileges claimed by them and those accorded to them by the officers charged with the duty of enforcing the law. Among these officers there has been, not unnaturally, a difference of opinion as to what is a public manifestation. Generally, I am told, there has been greater freedom of worship in large cities than in provincial villages, and there is more toleration, it is said, now than there was fifteen or twenty years ago. The following generalization may be made: I. Funeral services are never interfered with, even when the Protestant minister, more or less conspicuously, appears in his clerical capacity in the funeral procession passing through the public streets. II. Churches and chapels may be built, when building regulations are complied with, but distinctively ecclesiastical architecture, calculated to proclaim the building as the seat of a form of worship, is not allowed; at least, the Protestants have refrained from such form of architecture. III. A cross or other emblem of religion is never permitted to be erected upon a Protestant edifice. About a year ago an attempt to do this at Barcelona resulted in the ecclesiastical authorities of that city making an appeal to the Crown for the enforcement of the law, as construed by them, and in the King's sending a letter in reply in which he assured them of his intention to enforce the laws of Catholic Spain against outward manifestations of other forms of religion. The cross in the case mentioned was taken down. Generally, the Protestants of Spain concede that the erection of a cross is a "public manifestation," and, therefore, a violation of the constitution. IV. Generally the door of the Protestant church edifice is permitted to open upon the public street, although it is not allowed, during service, to remain open so as to attract attention to the worship. It is, however, not universal to allow the door to open upon the public street. For about ten years the front door of the Protestant church in the Calle Beneficiencia, in Madrid-that is, from its erection until last spring-was never opened. Worshipers entered by a back or side door, first passing through the house of the Protestant bishop, which adjoined the church. This closing appears to have been not so much an admission by the Protestants that they had no right to open this door, but a course of action adopted by the Protestant bishop in order to avoid irritating Roman Catholics. After the Barcelona incident of last spring, hereinbefore mentioned, as an assertion of what they deemed their legal rights, the authorities of the church. in Calle Beneficiencia opened its door upon the street, and since that time the members of the church, I am informed, have entered through it for worship and have not been hindered in so doing. V. Preaching and music, both vocal and instrumental, are allowed in the churches. Generally the doors of the church are closed so as not to publicly attract attention to the service. I am told that a dozen years or more ago, in a village remote from Madrid, a local authority forbade the holding of services unless the doors were so constructed as to prevent the sound of worship coming out to the public, but that this was considered by the Government at Madrid as a wholly unwarranted construction of the law, and the action of the village authority was not upheld. VI. In regard to missionary efforts, proselyting etc., I am informed that there is no interference if public order is not disturbed. A general law, however, prohibits gatherings of more than 20 persons without previous notification of the constituted civil authorities. This applies to gatherings of all kinds. It is in no sense limited to meetings for religious purposes. After the notification mentioned religious bodies may meet in such number as they choose. VII. The study of the statutes which I have made and the advice of counsel lead me to the opinion that non-Catholics who are Spanish subjects may, by complying with the provisions of law, form legal associations vested with a legal personality, subject, of course, in their ceremonies and religious manifestations to the restrictions of the constitutional provision above quoted. VIII. Number of Protestants. In answer to my question as to the number of Protestants, Mr. Gulick informed me that it was a matter most difficult to tell, but that the best information obtainable was that there were about 3,000 communicants and regular attendants, and about 10,000 adherents, or persons who, though attending services only occasionally, were more in sympathy and accord with the Protestant church than with the Catholic. I have, etc., WM. MILLER COLLIER. ARBITRATION TREATY BETWEEN SPAIN AND HONDURAS. No. 152.] Minister Collier to the Secretary of State. AMERICAN LEGATION, SIR: I have the honor to inform you that on the 21st instant the Spanish Government published in the Gaceta of Madrid two treaties between Spain and Honduras, ratifications of which were recently exchanged. The first treaty related to the mutual recognition of the validity of academic titles. With regard to the second treaty I here give a translation of a part of the inclosed clipping from the Epoca, of Madrid, of August 21: The second treaty is an arbitration convention which was signed the 13th of March, 1905, by the same Señor Villaurrutia and Señor Membreño, the duration of which is for a perod of twelve years, and one more for its prorogation; the ratifications were exchanged the 16th of July last. The principal clauses of the convention are the following: ARTICLE I. The high contracting parties promise to submit to arbitration all controversies of whatever kind which may arise between them from whatever cause, so long as they do not affect the precepts of the constitution of either country, and provided that they can not be settled by direct negotiation. ART. II. Those questions which have been the object of definite agreements between both high parties can not be brought up again in virtue of this treaty. In such a case the arbitration will be limited exclusively to those questions which arise in regard to the validity, interpretation, and carrying out of the said agreements. ART. III. For the decision of the questions which in the carrying out of this treaty are submitted to arbitration, the functions of arbiter will be intrusted, preferably to a chief of state of a South American Republic or to a tribunal formed of judges and experts, either Spanish, Hondurans, or Spanish Americans. In case an accord is reached as to the designation of arbiters, the high contracting parties will submit to the Permanent Arbitration Tribunal, established in conformity with the resolutions of The Hague Conference of 1899, submitting themselves in this as well as in the former case to the arbitration procedure specified in chapter 3 of the said resolutions. I have, etc., WM. MILLER COLLIER. COMMERCIAL TREATY BETWEEN SPAIN AND SWITZERLAND. No. 162.] Minister Collier to the Secretary of State. AMERICAN LEGATION, SIR: I have the honor to inform you that the Madrid papers of yesterday, upon the authority of the minister of the treasury, announce the signing of a commercial treaty between Spain and Switzerland. on Saturday, September 1, subject to approval by the Cortes. Until submitted to the Cortes the terms of the treaty will be kept secret. It is, however, reliably reported that reductions below the second tariff have been made. It is also announced that, beginning on September 5, a modus vivendi between the two nations will go into effect, pending consideration of the treaty. As soon as the Gaceta containing the exchange of notes by which the modus vivendi was established reach here copies will be sent you. I have, etc. No. 164.] WM. MILLER COLLIER. Minister Collier to the Secretary of State. [Extract.] AMERICAN LEGATION, San Sebastian, September 5, 1906. SIR: Supplementing my dispatch No. 162 of the 3d instant I have the honor to report that the Gaceta of the 3d instant contains the exposition, royal decree, and royal order as to the commercial agreement between Spain and Switzerland. A modus vivendi is established which is to begin September 5 and to end November 20. During this period Swiss imports into Spain are to be dutiable "according to the second tariff, with all the reductions of the existing treaties." The increased tariff rates established by royal order of July 1 and by royal decree of July 29 are abrogated. The new royal order is in all respects like the one putting into effect our agreement. The royal decree recites that to begin with the 5th of September there will be applied the second tariff with the rebates stipulated in the treaties in vigor. As heretofore reported, the permanent treaty will not be published until presented to the Cortes. Notwithstanding this there have been statements, apparently from official sources, announcing the reductions made in favor of Spain. These affect wines, almonds, grapes, preserved fish, lemons, oranges, and extract of licorice. To us the more important question is, What reductions have been made upon imports into Spain from Switzerland, for whatever they are we, under our agreement, receive the benefits of them. Although there is no positive announcement there are very plain intimations that the reductions will be on condensed milk, agricultural and electrical machinery. I have, etc. WM. MILLER COLLIER. No. 198.] Chargé Winthrop to the Secretary of State. AMERICAN LEGATION, Madrid, November 15, 1906. SIR: Referring to Mr. Collier's Nos. 162 and 164 of September 3d and September 5th, ultimo, respectively, I have the honor to inform you that the Hispano-Swiss treaty of commerce, which was signed at Berne on September, 1906, was presented to the Cortes for ratification on the 10th instant. It was agreed between the two contracting powers that the treaty was to be kept secret until presented for ratification, and that it must be ratified on the part of both countries before November 20, 1906, on which date the present modus vivendi expires. The exposition or preamble begins by pointing out the far-reaching consequences of the denunciation on August 31, 1904, by the Swiss Federal Council of the Hispano-Swiss treaty of commerce of June 13, 1892, since upon this was based commercial conventions with most of the other nations. It then goes on to allude to the provisional arrangements made with Switzerland, that of August 29, 1905, and that of February 10 of the present year, which came to an end on July 1 last. From that date until the present treaty was signed on September 1 there ensued a tariff war between the two countries, the new Spanish tariff making it impossible to meet the exigencies of the Swiss Government. The present treaty fortunately put an end to this state of things. The preamble then points out that in addition to securing reductions for the most important Spanish exports it has secured more especially and with great difficulty the same treatment as has been accorded to Italy for Spanish wines entering Switzerland. This, in fact, is the chief raison d'être of the treaty. The treaty itself begins by granting a reciprocal most-favorednation treatment. It then declares that the most-favored-nation treatment does not apply to the special concessions granted by Spain to both Portugal and Morocco. The treaty is to remain in force for a period of eleven years, from November 20, 1906, to December 31, 1917. The principal reductions made by Spain upon imports from Switzerland are as follows, the figures being compared with the second column of the tariff: Asbestos wrappings, which pay 25 pesetas per 100 kilograms instead of 45 under the minimum column of the tariff; kitchen utensils and enameled ware, which pay 30 pesetas instead of 80; cows' milk, 35 pesetas instead of 80; electric motors, 18.50 pesetas, 30 pesetas, and 20 pesetas instead of 75 pesetas; steam engines, 35, 30, and 20 pesetas instead of 35 pesetas; pumps of various kinds, 25 pesetas instead of 30 pesetas; machinery for making stockings of more than 70 kilograms and loose pieces pay 30 instead of 40 pesetas; condensed and sterilized milk, 50 instead of 100 pesetas; beds and other household utensils of iron and steel, 45 instead of 50 pesetas; machinery for manufacturing paper, ice, 18.50 instead of 22 pesetas. The above figures from the treaty are taken from the printed copy distributed among the deputies. If the treaty is ratified, the treaty will be published officially in the Gaceta and a copy will be duly transmitted to the department. There exists a great deal of opposition to the treaty among the conservative part and the representatives of the manufacturing interests. These last are frankly opposed to any treaty giving reductions below the minimum column of the tariff. The conservatives are opposed to it on the ground that no commercial treaty should be signed, not merely ratified, without the previous consent of the Cortes. The length of time which it is to run, eleven years, also meets with serious opposition. The probability is that the treaty will be ratified, and in that case the German and French treaties, when negotiated, are also likely to be ratified, the ratification of the present treaty being regarded rather as a test ROBERT M. WINTHROP. case. I have, etc., No. 200.] Chargé Winthrop to the Secretary of State. AMERICAN LEGATION, Madrid, November 20, 1906. SIR Referring to my No. 198 of the 15th instant, I have the honor to inform you that the Hispano-Swiss treaty, after having been duly ratified by both legislative bodies, was officially promulgated and made law by royal decree signed last night by the King. As supplementary to the comments in my No. 198, I have the honor to call the department's attention to the following facts: In addition to some of the principal reductions made by Spain upon Swiss imports as already enumerated and compared with the duties under the second column of the new tariff, there must be added agricultural machines, which pay 10 pesetas per 100 kilograms total weight, being the same duty as under the second column, but it is to be noted that the treaty fixes this duty for eleven years, and it can not be affected by a change of tariff until the treaty expires; gold watches, which pay 1 peseta apiece, instead of 15 pesetas under the second column; silver watches and those of other metals, including those of silver gilt and those with some part of the watch of gold, which pay 50 centimes apiece instead of 2 pesetas. A great many of the reductions enumerated, both in my No. 198 and in the present dispatch, are obviously included among American exports of greater or less importance, and the most favored nation clause of our recent commercial arangement with Spain of course gives us the benefits of these reductions made to Switzerland. At the time the said arrangement was signed, it was not at all certain that the ministry of state had the power to affix the most favored nation clause to a mere arrangement or modus vivendi, without asking the ratification of this clause by the Cortes. I have, however, noticed with interest in following the debates on the Swiss treaty, that the United States has always been alluded to as one of the nations to benefit by these reductions, as a matter of course. I have the honor to inclose herewith a copy of the Gaceta containing the Hispano-Swiss treaty in question. I have, etc., ROBERT M. WINTHROP. |