You say: "It seems to me unfortunate that the missionary, owing to his peculiar status, can present and recover damages that an ordinary resident of the country will be precluded from doing, under the rules recently adopted by the foreign representatives. (See Mr. Rockhill's dispatch, No. 42, March 14, 1901.) I have reference to traveling expenses to and from the United States, and extra living expenses while there;" and you add that the settlement by missionaries of the claims of native Christians has caused no end of criticism and illfeeling, especially in the province of Chihli, and among foreigners as well as Chinese; and that while it might be at times a source of great annoyance and trouble to our consuls and the legation, you think that in the end it would prove to the best interests of the missionaries and their work if they were precluded from any official intercourse whatever with the local officials on matters pertaining to their native Christians.

In reply I have to say that, while unable to apply coercion to American citizens in the provinces to prevent their compromising their claims with the local authorities, this Department has, in its instructions to the consuls, uniformly discouraged independent negotiations between individual sufferers and the district officers for the adjustment of alleged losses, and has enjoined upon the consuls nonintervention to bring about any such piecemeal settlement of difficulties which, so far as this Government is concerned, are being settled in the course of the general negotiations at Pekin.

On the 20th of December last an instruction in that sense was sent to the consul at Amoy, which I quote for your information, as follows: I have to acknowledge the receipt of your No. 49, of November 7, 1900, reporting that you have adjusted all the claims for damages to American mission property and have received in settlement thereof the sum of $3,000, Mexican.

The good disposition of the local authorities is appreciated, and if the settlement effected by you is acceptable to the sufferers, the Department does not oppose it. Such partial and scattered settlements can not, however, affect this Government in dealing with the general question of a settlement with the Chinese Government which shall secure deterrent and exemplary punishment and afford guaranties for future safety of our citizens.

The position maintained by this Government is that international indemnities, especially for Americans murdered, are adjustable by the Pekin treaty, and that the negotiations can not be divided by separate local demands. If the local authorities offer to repair local losses by direct arrangement with sufferers, officers of this Government are neither to support nor object to them.

You will act accordingly in the future.

On the 21st of the same month an instruction of similar tenor was sent to the consul at Fuchau.

While regarding these separate compositions of claims as unsanctioned and as not involving any responsibility on the part of this Government to effect their execution, the Department must necessarily take equitable cognizance of them as matters of fact, if for no other reason than to bar any duplicate claim upon the international indemnity by reason of the same losses. Hence they should, whenever possible, be reported to the Department, for its information, by the legation or the consuls.

You may instruct the consuls in the sense of this instruction.

I am, etc.,

JOHN HAY.

CLAIMS OF CHINESE SUBJECTS RESIDING AT BUTTE, MONT., ON ACCOUNT OF BOYCOTT OF THEIR BUSINESS.

No. 207.]

Mr. Wu to Mr. Hill.

CHINESE LEGATION, Washington, July 6, 1901.

SIR: It becomes my duty to lay before you the claim for damages of several hundred Chinese subjects resident in the city of Butte, Silverbow County, State of Montana, between the year 1886 and the present time.

These Chinese subjects were peaceable and law-abiding, having complied with all the laws respecting their registry, and were engaged in the lawful business of merchants, keepers of restaurants, farmers and gardeners, laundrymen, cooks, servants, and laborers. On or about the year 1886 there was instituted a conspiracy or combination of several thousands of the citizens of the United States, resident in the said Silverbow County, Mont., confederated together in various labor associations, with the object of destroying the business of the Chinese subjects above described, depriving them of their occupations or employment, paralyzing their industry, and by threats and violence compelling them to abandon their homes and business and depart from said city and county.

It appears that this conspiracy or combination was at first confined to more or less peaceful methods of what is known as the "boycott," whereby it was sought to prejudice the inhabitants of the city of Butte against the employment of Chinese subjects and to secure the discharge of those who were already in their employ. But as time passed and the wicked and unlawful object of the conspiracy was proving only partially successful, the conspirators became more bold and lawless in their demonstrations; by false and slanderous stories it was sought to inflame the public mind against the Chinese subjects; it became more difficult for the latter to maintain their lawful pursuits, and the secret murder of a number of Chinese occurred, the perpetration of which must be ascribed to the spirit of lawlessness and hatred created by this conspiracy.

The conduct of the conspirators became so violent that the Chinese subjects appealed to the police department of said city and county to protect them from the acts of lawlessness, and to secure to them the protection of their business and to extend to them such rights as by treaty and law were granted to subjects of other nations in said city. But the police did not and would not protect or endeavor to protect them; and so far from securing the protection guaranteed by treaty, the city council, under whose authority the police are appointed and act, in the year 1892, upon the request of the labor associations, indorsed and approved of the conspiracy, and thereby gave its official influence to the unlawful and violent proceedings.

This action of the city council increased the opposition to and damages suffered by the Chinese, and in 1893 they appealed through coun sel to the governor of the State of Montana to interpose his higher authority and influence to secure to them the protection which had been guaranteed to them by treaty and by public law. The appeal was referred to the attorney-general of the State, who decided that he action of the city council was not unlawful, and in his opinion

used such language of hatred and prejudice as I am forced to believe must be unusual in legal documents of the United States. No relief or interposition was obtained from the governor of the State, and the conspirators, assured of the sympathy of the local authorities, redoubled their lawless proceedings greatly to the damage of the business and pursuits of the Chinese subjects.

Finally, all other relief being closed to them by the inaction and lack of sympathy on the part of the authorities, these Chinese subjects, to the number of more than 200, through their counsel, applied in 1897 to the judge of the circuit court of the United States, petitioning that certain of the conspirators named should be brought into court to answer for their conduct, which was set forth in detail, and that the judge would take such action as he should find necessary and possible for the relief of the petitioners. Thereupon, the judge caused a full investigation to be made, and as a result thereof he directed a decree to be issued commanding and enjoining the conspirators named and all their confederates and coconspirators from further continuing or conspiring to injure or destroy the business of the Chinese subjects and to cease from all acts tending to maintain the conspiracy and boycott.

In this connection I desire to direct your attention to the following facts which were judicially determined by the United States court in said suit: That the Chinese subjects who were parties to the suit in court, to the number of over 200, were then (1897) and had been for eight years previous peacefully domiciled in Silverbow County conducting or desiring to conduct lawful business, and that they were entitled to the protection of the United States; that the defendants in the suit and certain other persons, residents of said county, to the number of more than 3,000, representing more than twenty unions or associations, banded together to organize and carry into execution "a willful and malicious conspiracy and combination" to deprive the Chinese residents "of the means of earning a livelihood, and thereby compel them to leave the said county;" that in execution of this conspiracy and combination an executive committee was appointed for the vigorous prosecution of the same, with power to raise money and employ men "to be a working force to commit the acts" of violence to be hereafter stated; that large sums of money were raised by forced subscriptions among business men and from the unions, and that a considerable force of men was so hired; that notices were published in the newspapers and posted throughout the city, and especially on the places of business of the Chinese subjects and on the houses of all persons employing Chinese, announcing that a boycott of the Chinese had been declared, and appealing to all citizens to cooperate in carrying it out; that they employed and caused a wagon to be driven through the city carrying a large transparency on which was painted repulsive caricatures of Chinese subjects, with a display notice of the boycott, and a gong sounding to attract attention; that the members of the conspiracy did willfully and maliciously go in numbers to the places of business of the Chinese merchants, stand upon and forcibly occupy the highway and sidewalks, and warn people about to become customers that these places were boycotted-that persons ought not to and must not patronize such places; that these conspirators did sometimes use force and compel the customers to leave such places of business, and that the result of such violent acts was to materially reduce the business of such

merchants and make the same unprofitable; that in further execution of said conspiracy and combination the hotels and boarding houses of the city in which were employed Chinese cooks or servants were visited and notified that the Chinese servants must be discharged; persons were hired to willfully and maliciously go to such houses, stand upon and forcibly occupy the highway and sidewalk, and warn and threaten such persons as were about to enter that they must not patronize such houses; that a number of such boarding houses were kept by females; that when they declined to obey the orders of the conspirators, a wagon, with a transparency containing the name of the boarding house and the proprietress boycotted, was driven about the city with a gong sounding; that in almost all cases the women were forced to yield to the demand and discharge their Chinese servants, but in addition they were compelled to pay to the conspirators the money expended for the wagon and advertising, amounting in the case of one female to $45; that persons were employed by the conspirators to ascertain all the private and business houses in which Chinese were employed, and they were treated in a similar manner; that a boycott was placed upon the Silver Bow National Bank because its cashier employed a Chinese servant and its place of business was in a block in which a Chinese acted as janitor; the bank began to suffer by the withdrawal of depositors, and the boycott was only removed after a secret conference between its president and a committee of the conspirators; and that the effect of the acts of the conspirators, a part of which are above described, was to deprive many of the Chinese residents of work and the means of earning a livelihood, to materially reduce the business of the merchants and make the same unprofitable, and to break up the homes and drive away from Silverbow County 350 of such Chinese residents, being one-half of the number of those residing in said county, and that all of the Chinese residents would have been driven away but for the restraining influence of the injunction of the United States circuit court.

It is to be borne in mind that all these acts, growing out of what the court finds to be a "willful and malicious conspiracy," were committed openly, with the full knowledge of the police, the city and the State authorities, and without a single effort on their part to restrain the lawlessness, as will be seen by reference to the finding No. 27 of the record of said court.

It

The petitioners whose claim for indemnity I herewith submit estimate the damages suffered to amount to $500,000. They recognize the good effect of the injunction of the United States court, but represent that the conspirators, while ceasing from open acts of violence, are still seeking to execute their conspiracy by clandestine means. further appears that the persons who have inflicted the damages are insolvent, even if it were possible to successfully accuse them before the courts, which in the present state of local public sentiment would be impossible. Neither can any remedy be found by proceedings against the city or county authorities who have willfully allowed these damages to be inflicted.

The only remedy to be found for my injured countrymen is to resort to the Government of the United States to make good its treaty stipulations. I therefore appeal to you, and through you to the honored and upright President, to take such steps as will fully indemnify the Chinese subjects of Silver Bow County, Mont., for the pecuniary losses and injuries they have sustained, and such as will hereafter

secure to them the full enjoyment of their rights as peaceru. and lawabiding residents.

I transmit herewith the petition of the Chinese subjects setting forth their grievances and losses, and to this are attached the complaint before the United States circuit court, the action of the city council of Butte City and the governor of the State of Montana, the findings of facts, and the injunction of the United States court.

SIR: I have to-day mailed you a certified copy of the record, including the testimony in the case of Hum Fay et al. v. Frank Baldwin et al., being a case involving a boycott of the Chinese residents of the city of Butte and county of Silver Bow, State of Montana. This record includes a copy of the decree rendered by the United States circuit court for the district of Montana, restraining and enjoining the defendants from further boycotting said Chinese residents of said Butte City and Silver Bow County. Among the findings is one to the effect that the duly constituted authorities of said city of Butte and county of Silver Bow, and also of the State of Montana, neglected and refused to enforce the laws and ordinances in force at the time in behalf of said Chinese residents, to the great injury and damage of said Chinese residents.

The undersigned most respectfully request that you will present a claim to the United States Government, as in the memorial heretofore sent to you, praying that they be awarded an adequate amount of compensation for the damages they have received. Our counsel, Col. W. F. Saunders, will call upon you shortly with reference to this matter, and give you such further information in the premises as may be necessary.

Thanking you in advance for an early reply, we beg to remain, etc.,

To His Excellency WU TING-FANG,

Envoy Extraordinary and Minister Plenipotentiary

from the Empire and Government of China to the United States of America. SIR: The undersigned are a committee representing the Chinese denizens from 1886 to 1897 in Silver Bow County and Butte City, Mont., and some of whom, to the number of 226, with plaintiffs, joined in a certain action hereinafter referred to, and they in behalf of their fellow-countrymen, wronged and damaged by the action hereafter described, humbly and respectfully petition your excellency to take such action and institute such proceedings as will result in securing to your petitioners pecuniary compensation for the wrongs and injuries hereinafter recited.

And your petitioners represent that they are persons of Chinese descent and natives and subjects of the Empire of China, who during the period above mentioned were domiciled in said Silver Bow County, State of Montana, and in all respects were complying with the laws of the United States, authorizing and permitting them to remain as denizens of the said United States and entitling them to all the rights and privileges of citizens of the most-favored nations; and they were conducting divers and sundry industries in said county and State to the great advantage of said community and profit to themselves.

And your petitioners say that while they were engaged in the peaceable and orderly conduct of their divers and several industries as aforesaid certain citizens of the