Mr. Hay to Mr. Leishonan.

No. 209.]

Sir: The Department has received your No. 220 of the 8th instant, inclosing “cedulas personales” of two native Filipinos, students in Switzerland.

Referring to the Department’s circular instruction of May 2, 1899, which makes no mention of native inhabitants of the Philippine Islands, you ask to be informed what attitude you should take in your capacity as representative of this Government in a foreign country in the case of these two young men, and in other like cases.

The reasons for not including a provision relative to natives of the Philippines in the circular of May 2, 1899, still exist. These were (1) the fact that Congress, which is authorized by the treaty to determine the civil rights and political status of the native inhabitants, has not yet acted.; (2) the existence of insurrection by the Filipinos against the authority of the United States, which still further complicates the matter.

With particular reference to the two young men who are named in your dispatch, there is no objection to your stating that they are natives of the Philippine Islands temporarily residing in Switzerland, and as such are entitled to the protection of the United States.

You have omitted to transmit a copy of the correspondence with the Concordia Institute, to which your dispatch refers.

I am, etc.,

John Hay.