Mr. Hay to Mr. Hart .

No. 385.]

Sir: I inclose copy of a letter from the board of foreign missions of the Presbyterian Church in the United States protesting against the action of the governor of Barranquilla in closing a boys’ school in that city conducted under the auspices of that board.

You will report what you have done and what can be done to secure to the missionaries sent by this board all the rights they may have under the treaties between the United States and Colombia.

I am, etc.,

John Hay.
[Inclosure.]

Mr. Venn to Mr. Hay .

My Dear Sir: I have the honor to present for your consideration inclosed documents as follows: A letter dated February 10, 1902, from the Rev. Walter Scott Lee, a member of the Barranquilla station of the Colombia mission of the Presbyterian board of foreign missions in the United States; another letter from the Rev. W. S. Lee, dated February 17; a letter of February 5, 1902, from the United States consul, George W. Colvig, to the Hon. Joaquin F. Velez, governor of the department of Bolivar, and the governor’s reply of February 11; a letter of January 11, 1902, from Jose Joaquin Casas to the governor at Barranquilla, and his reply of January 30.

It is possible that the matter referred to in these letters may have already been brought to your attention by the United States consul, Mr. Colvig, but as it has been the desire of our missionaries in Barranquilla that the matter should receive as speedy adjustment as possible, I venture to send these documents to you in the hope that it may be possible for the State Department to take such steps, or to advise such steps on our part, as may effect a relief of the present embarrassing conditions. Thus far our station at Bogotá has not been unpleasantly affected by the action of the Colombian Government decreeing the closing of all schools without special permit from the local authorities. The trouble at Barranquilla has, I think, been precipitated by the action of the Rev. W. S. Lee in endeavoring to secure from the business men of Barranquilla contributions toward a fund for a new building in connection with the boys’ school. He has secured for this purpose contributions from those interested in the school, amounting to somewhat more than $800 gold.

On learning of this movement, the Catholics of the city published an alarm, entitled “Awake, Catholics,” a copy of which I will inclose you herewith. The governor of the city, being evidently a strong Roman Catholic, apparently saw his opportunity in the edict issued by the Central Government, and determined to close the school for which those funds had been asked. You will note, from his own statement of the reasons for his action, that the chief of these reasons is a religious one. It is quite possible that according to the constitution of the Republic of Colombia he has a legal right to base his action on such grounds, but whether or not it is necessary that American citizens laboring in that country for the education and general enlightenment of its people should submit to restrictions based on religious grounds, is a question which our board desires to propose to you.

The constitution of the Colombian Republic, adopted in 1886, contains contradictory statements with reference to this matter, article 38 reading as follows:

“The Roman Catholic Apostolic religion is that of the nation. The public authorities shall protect it and cause it to be respected as the essential element of social [Page 294] order. It is understood that the Catholic Church is not and shall not be official, and it shall preserve its independence.”

  • Article 39: “No one shall be molested on account of his religious opinions, nor compelled by the authorities to profess beliefs or to observe practices contrary to his conscience.”
  • Article 40: “The exercise of all worship that may not be contrary to Christian morals, or to the laws, is permitted. Acts contrary to Christian morals or subversive of public order, which may be occasioned under the pretext of worship, shall be judged by the common law.”

The treaty between the United States and New Granada, now Colombia, stipulates that “the citizens of the United States residing in the territory of the Republic of New Granada, shall enjoy the most perfect and entire security of conscience, without being annoyed, prevented, or disturbed on account of their religious beliefs.”

With reference to the contention of the Government that Mr. Lee, the member of our mission in charge of the boys’ school, had been offensive in his remarks as to what the Colombian Government would be compelled to do, you will note Mr. Lee’s own answer, in which he flatly denies having taken any such attitude. Mr. Lee is a very enthusiastic and energetic man, but we regard him also as a man of good judgment and discretion.

Should the State Department desire any further information with reference to the institution most immediately concerned, or with reference to any other matter pertaining to this question, I shall esteem it a privilege to forward such information upon receipt of your request.

Hoping for your kindly consideration of this matter, which concerns so vitally our work in the entire Republic of Colombia, in which we have three mission stations, I am, etc.,

Courtenay H. Fenn.

P. S.—It is possible that the first thought with reference to this matter which the State Department would naturally embody in its answer would be, that the proper course for the matter to take would be through the United States minister to Colombia, the Hon. Charles Burdett Hart, at Bogotá. I would say that the reason why we have not waited for such a course of procedure was because of the excessively disturbed political conditions at present existing in the Republic of Colombia, which have rendered communication between Bogotá and Barranquilla extremely difficult and uncertain. It might be a matter of some months before the documents relating to the case could be brought before the minister in Bogotá. If, therefore, it is possible to secure the initiation of some measure of relief through the State Department at Washington it will greatly rejoice us.

Courtenay H. Fenn.
[Subinclosure 1.]

Mr. Lee to Mr. Fenn .

My Dear Mr. Fenn: In October the station gave me permission to try to raise some money here in Barranquilla to be used toward the construction of a boys’ school building. As I have already told you, I was able to obtain a little more than $800 here. About two weeks after I had finished asking the business men of Barranquilla to contribute toward this fund the article “Awake, Catholics” was published in one of the leading papers of this city. As I have already sent you a copy of this article it will not be necessary to inclose it in this. Of course the article was meant as a direct insult to the foreign Protestants and the Jews who contributed, and they took it as such. When the Sisters of Charity and the priests went to ask for their regular Christmas offerings from the merchants, a number of merchants showed the solicitors the article and told them that as they, the merchants, were “heretics” that their money and gifts were “bad” also, and that, further, they would give what they meant to go for religious or charitable purposes to the representatives of their own “heretical faith” here in this city. We were in no way a party to this, and did not know of it until after it had taken place.

It is the common opinion that the decree which I inclose, dated at Bogotá, January 11, 1902, came from Bogotá, but was originated here as a measure of retaliation against us. I shall try to communicate with the missionaries at Bogotá to see if this is a fact. As is stated in the decree, we went to the governor of this department to [Page 295] ask permission of him to open our schools. He answered us in the negative, giving the following reasons:

First. Because we are foreigners, and all foreigners are enemies of the Government, he could not grant us the permission.

Second. Because we are Protestants, and teach liberal and revolutionary ideas, he could not grant it.

Third. Because we are Protestants, and propagate a religion which is contrary to the religion of the country, he could not grant it.

We asked him then if we were to understand that the decree was made directly against us as foreigners and Protestants, and he answered frankly that it was. We also asked him if there were any other colleges open, to which he replied that he supposed not, as no other college had asked for permission to open. At the same time we knew that there were three girls’ schools open and one boys’ school. When we asked him if he had received any damaging reports of our schools, he replied that he was not compelled to answer such a question, and that it was sufficient for him to say that we were Protestants. He based his refusal on no facts, but rather on what he thought or on his opinion, as we are positive that he made no investigation whatever. He also said: “I would be an imbecile if I would not oppose this religion with all my power.” He also told us that we could appeal to higher powers if we wished to, but that he would fight us to the end. We then consulted our consul here, Mr. George W. Colvig, and he advised us as a preliminary measure that we should let him send a memorial to the governor, asking him to reconsider his decision. He also asked us for a set of all the text-books in use in our schools, so that he might offer them to the governor for examination.

We gladly submitted them. The inclosed memorial, dated February 5, was sent on Friday morning, February 7, but as yet the governor has sent no answer. We are certain, however, that if he answers at all, it will be to refuse us permission. Indeed, our consul is of that opinion so firmly that he advised me to write to you immediately for advice as to how we are to proceed.

I quote a part of the treaty between the United States and Colombia, as New Granada, dated 1846, which is in force to-day:

  • Art. XIII. Both contracting parties promise and engage formally to give their special protection to the persons and the property of the citizens of each other, of all occupations, who may be in the territories subject to the jurisdiction of one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial recourse, on the same terms which are usual and customary with the natives or citizens of the country.
  • Art. XIV. The citizens of the United States residing in the territories of the Republic of New Granada shall enjoy the most perfect and entire security of conscience, without being annoyed, prevented or disturbed on account of their religious belief. Neither shall they be annoyed, molested or disturbed in the proper exercise of their religion in private houses, or in the chapels or places of worship appointed for that purpose, provided that in so doing they observe the decorum due to divine worship and the respect due to the laws, usages, and customs of the country.
  • Art. XXXV. * * *

“Fourth. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizens shall be held personally responsible for the same, and the harmony and good correspondence between the nations shall not be interrupted thereby; each party engaging in no way to protect the offender, or sanction such violation.

“Fifth. If unfortunately any of the articles contained in this treaty should be violated or infringed in any way whatever, it is expressly stipulated that neither of the two contracting parties shall ordain or authorize any acts of reprisal, nor shall declare war against the other on complaint of injuries or damages, until the said party considering itself offended shall have laid before the other a statement of such injuries or damages, verified by competent proofs, demanding justice and satisfaction, and the same shall have been denied, in violation of the laws and of international right.”

The governor’s three reasons for refusing us permission to open our schools clearly violate both Articles XIII and XIV of the treaty, and according to Article XXXV he personally is to be held responsible as to the permission, or refusal of permission, which power had been granted to him.

We must of a necessity make a protest against the refusal of the governor, and we write to you for advice as to how to act. Shall we protest in the name of the board, or in the name of the station, or in the names of the principals of the two schools, or by one single missionary? Shall we, or shall we not, make any claim for damages? It might make them act more carefully in the future and insure us against such annoyances as this; but, on the other hand, I think it is not the custom of the board to ask indemnity where no property is destroyed.

[Page 296]

We are bound to be given our rights in the end, and as a result of this we shall have more pupils than ever. We in the boys’ school would have started with about 75 boys, which is an unusually large number to begin with. The usual number is from 20 to 40. These same pupils will come back to us, and many more, when we are able to open the school. All the pupils who at any time have been in attendance in either of our schools are being refused admission into the Catholic schools. They are being told that being in a heretical school they will contaminate the children in those schools. This persecution is in direct violation of the constitution of Colombia of 1886, made by the conservatives themselves. In the first article it says that there shall be entire separation between church and state. The governor in his refusal said that he would oppose us because we were propagating a religion contrary to that of this country. The third article of the constitution says that there shall be entire freedom of religious worship and belief.

I speak of this that you may know that our attendance will not be likely to be at all diminished by this interruption in our work. We hope that this interruption in our school work will not influence you to withhold the granting to us the appropriation of the $2,500 we have asked for the new building for the boys’ school. Instead of influencing you not to give it, it should be an argument to persuade you to grant it.

  • First. Because this advertises the school more than ever and as a result we shall not have room for the boys who will come.
  • Second. It will take at least a year to build in this country even so small a building as the one we plan to satisfy our absolute needs.
  • Third. I shall have more time to supervise the building during the time of forced inaction in school duties. If you realize how carefully the process of building must be supervised here this last argument will appeal to you as strongly as it does to us.

Mr. Pellet, who has been living in this country for more than thirty years and has for a number of years been United States consul here, said that he regarded the governor’s answer that the schools were closed because the missionaries were foreigners and Protestants as the “crucial point” on which to base a protest. In his opinion the missionaries who received the answer ought to make affidavit of that before the American consul. Some one suggests that as there is no one here who holds the power of attorney for the board, and as these properties are not under the name of the board, action will have to be taken in the name of an individual or individuals. I believe it takes a long time to get the power of attorney. We know of one case which took nearly a year. * * *

We anxiously await your reply.

Yours, very sincerely,

Walter Scott Lee.
[Later.]

I have just returned from the consulate where I saw the answer to the consul’s memorial. As this is entirely private you will please treat it as such. The governor said that as the girls’ school had been run with such moderation, and that as almost all the pupils are Protestants (which is not true, of course), it would not be inconvenient for him to grant Mrs. Ladd the permission to open her school. Mrs. Ladd will go this afternoon to obtain permission thus granted. He also said in the letter that he would appoint day after to-morrow, Wednesday, at 2 o’clock, to have a conference with the representatives of the boys’ school. It seems as if he is beginning to back down. I will write to you by the next mail to tell you the result of the conference.

Yours, very truly,

Walter Scott Lee.
[Subinclosure 2.]

Mr. Lee to Mr. Fenn .

My Dear Mr. Fenn: By the inclosed letter you will see that Mrs. Ladd has been granted permission to open the girls’ school on the ground that she has used such moderation in her teaching, and that most of the pupils are of Protestant parents. In justice to Mrs. Ladd I would say that she has taught the Bible faithfully, and in no way done any different than you yourself would have done under the same circumstances. As for the children being mostly of Protestant parents, I would say that it is not so, for I regard that we have in the boys’ school as many Protestant boys in proportion as she has in the girls’ school. I believe that the real [Page 297] reason that the governor allows the girls’ school to open and not the boys’ is that he thinks girls are less likely to wield an influence for the spread of Protestanisni than boys.

You will see that the governor has absolutely refused us permission to open the boys’ school. The grounds on which he bases his refusal are not such as refer to the present time, but rather to all time. We must fight against this or it will lead to our entire exclusion from Colombia if we do not. None of his charges hold against us. We have never tried, but rather avoided, when there was no principle at stake, to do anything hostile to the government. As for teaching any liberal or revolutionary ideas it is sufficient to say that we have taught the Bible and nothing else except our regular course of study, which it is unnecessary to say has nothing to do with political matters.

The declaration which the governor attributes to the rebels about their receiving money from mission boards on condition that the Protestant church will be made the state church was manufactured by a priest in the department of Santander in order to arouse the people against the liberals as well as against Protestants. It was proved to all persons open to conviction that it was a scheme of a priest and nothing else. You yourself know how foolish and unfounded a statement that a mission board, or boards, giving money for such a cause would be.

His charge that all liberal and revolutionary leaders and forces are not true Roman Catholic is absolutely false. The great majority of them hold firmly to the Church of Rome.

The argument used against the teaching of English in the school, that it weakens the spirit of loyalty to the country, must appeal to you as thoroughly ridiculous. You will surely understand that it is the wish of parents that the children learn the English language simply because it is the commercial language of the world, and therefore very useful to merchants in a seaport town like this. Naturally our aim in teaching the boys English is to teach them in the most practical way so as to enable them to have a speaking knowledge of the language. Our method of speaking to the children as much as possible in English appeals to the parents and pleases them very much, and this has been one of the drawing cards of the school. Of course the entire course of study is in Spanish, as must be the case in a Spanish-speaking country.

I absolutely deny the charge that I was not careful in expressing my opinion in public. I knew the kind of man I had to deal with, and therefore was especially careful. As for predicting the success that I would obtain through the intervention of the consul, I would say that I thought the governor might be influenced to grant permission through the memorial of the consul, but I never predicted the success, because I was never sure of it. I furthermore say most emphatically that I never discussed the matter in any public place. If anyone made such a remark I am very sorry, but I am in no way to blame for it. You will notice by this letter that the governor refused that audience only on the statement that I had spoken disrespectfully about him in connection with this matter. It seems clear to me that either he would have refused to grant us permission to open the school or else put so many restrictions on us that we could not have opened it.

His reasons, as expressed in this letter, are, as you know, in direct opposition to our treaty. As a result of this we will need to make a protest. Our consul thinks that it would be possible for you to make the protest at Washington directly, or if you think best, it can be made here. In either case I am sure you will use all the power and influence that you can to obtain our rights. As the other school is open, if you decide to have the protest made from here, I suppose it will most naturally be made under my name. Our consul is willing to help us in any way in his power, but he and we thought it best to wait for instructions or advice from you before we attempt to do anything further here. This decree affects our fellow-workers in Bogotá and Medellin also, and unless they have succeeded in getting permission from the governors of their departments, they are having the same difficulty that we are. A letter from Mrs. Candor informed us that the decree has been published in Bogotá, and she was afraid that it would close their schools.

It was suggested by several persons here that we open the school regardless of the decree, and regardless of the refusal of the governor to give us permission to open, basing our action on our treaty rights, but to us this did not seem wise unless we were instructed to do so by our board.

I meant, too, to say that I had no idea of coercion when I went to the consul about this matter, but hoped only for his friendly offices to help us when at our first interview with the governor he refused us permission to open the school and refused also to discuss the matter with us.

Knowing that you will do your part, and hoping to hear from you as soon as possible, I am, etc.,

Walter Scott Lee.
[Page 298]
[Subinclosure 3.]

Mr. Colvig to Governor Velez .

Sir: The faculty of the Colegio Americano de Baranquilla para Varones, Colegio Americano para Señoritas, and Escuela Popular have complained to me of vour action in refusing them a permit to open their several institutions, which have been closed by operation of the national decree dated at Bogohi, December 30, 1901, subject to your option.

With a view to a continuance of friendly relations which have heretofore existed between these American schools and the government of this city and its inhabitants, I am asked to use my kindly offices to induce you to reconsider your former decision whereby you refused them permission to reopen their schools.

The decree referred to provides for official inspection of schools, doubtless to ascertain whether any revolutionary sentiment was being taught the pupils or whether the course of instruction has a tendency to weaken the national spirit of loyalty. The faculty have submitted to me the books employed in the several institutions and the published prospectus or list of studies pursued therein, and I annex the said list to this letter and tender herewith the said books for your inspection, hoping and trusting that you will examine the same and give these people a further hearing before you decide to close up their institutions which they have labored many years to establish.

I ascribe, etc.,

George W. Colvig,
United States Consul.
[Subinclosure 4.]

Governor Velez to Mr. Colvig .

Dear Sir: I have the pleasure to-day of amplifying my letter of yesterday in answer to yours of the 5th instant. I think that the National Government in resolving to close the private colleges that did not have special permission for their continuation has had in view the limitation of the propagation that is made against it in those establishments, and it is the duty of the governors not to concede authority to those colleges whose teachings are opposed to our institutions and to the tendencies of the present Government, teachings that justify and foment indirectly the war that is destroying the country.

The facts that I have respecting the American college for boys oblige me to include it among those that my duty obliges me to keep closed, and in order that I may not appear to adopt unfounded measures I shall make some explanations on the subject.

I have been able to observe that the generality of the foreigners maintain, without disguise, a position adverse to the Government, departing from the duties that the most simple discretion imposes; such an attitude as is unjustifiable with the guaranties and considerations that the Government vouches to them can obey no other course than a religious one; a special demonstration being noticed in the Protestants, who, considering the present Government, Catholic and clerical, think themselves obliged to hostilize it and make propaganda against it.

The influence that the religious question obtains in this civil struggle is clearly proved by explicit manifestations made by the representatives of the rebels in the United States, Dr. Antonio José Restrepo, and of General Duran, one of the chiefs of the radicals in arms, who has declared publicly that by virtue of compromises of a religious character, which would be fulfilled if the revolution triumphs, this one (viz., the revolution) would receive aid in various ways from Protestants and Free Mason societies. These circumstances argue that all religious propaganda of Protestant tendency includes hostility towards the Government, against which the Government must prepare itself. Among the differences of doctrine that divide in Colombia the party that to-day governs and that which is in arms, that one that is most prominent is the religious divergency; the first having as its standard respect and protection for the Catholic Church, and the second hostility toward the same. Under these circumstances it is clear that the teaching of doctrine opposed to the Catholic religion, which it defends, must be considered as contrary to the Government, because they inculcate in the young the beliefs for which the rebel radicals struggle.

[Page 299]

The national spirit suffers great loss by the weakening of the elements that constitute the nation, of which the first in line are the religion of the country and the mother tongue. Since that in the American college a teaching contrary to our religion is carried on, and it is the established rule of the college that the use of the English language for the boarding pupils of the establishment is obligatory, it is not risky to aver that as a result of such propaganda the decay of love of country would be the result, a pernicious influence at all times, and especially to-day when civil war afflicts us whose principal mark has been the obliteration of rational boundaries.

These considerations and the character of the institutions for which you have intervened oblige me to adopt the resolution of not conceding the necessary permission for their opening.

I must confess that I had the same impression concerning the American college fur young ladies, but having heard the ideas of several persons, among whom is the priest of San Nicolas, who inform me that Mrs. Ladd is very circumspect in her teaching, and that the greater part of the pupils are daughters of Protestant parents, I have been inclined to offer to concede permission for that school to open.

After having offered to you that I should concede the audience solicited for the directors of those colleges, I have been informed that the director of the school for boys has not had reserve in expressing his opinion in public on this subject in such terms that are little in conformity with the respect due to the authorities and predicting the success that he would obtain through the intervention of that consulate. This leads me to state to you that my condescension in respect to the opening of the school for young ladies is due to what I deemed just and nothing more; and at the same time I would request you to inform that gentleman that your intervention in this matter could not in any way be coercive, because I am not easily intimidated, and furthermore, I know how far a foreign consul can meddle in the disposition made by the Government. I furthermore inform you that, having adopted a firm resolution on this matter, and not considering myself obliged to receive those who do not know how to respect the authority that I exercise, by which he furthermore shows his desire to hostilize the Government, I believe the conference that I offered to have with the directors of the said colleges is unnecessary, and consequently I withdraw the citation that through you I have given to those gentlemen.

With feelings of consideration, I remain, etc.,

Joaquin F. Velez.
[Subinclosure 5.]

Minister of Public Instruction to Governor Velez .

Governors —— ——, Barranquilla:

With date of December 30, in use of the respective constitutional authorization, the Government issued a decree authorizing the inspection of private establishments of instruction. The decree provides that until public order is reestablished it is prohibited to open such establishments, of whatever grade, class, or condition they may be, without special or express permission of the Government, and that those who act contrary to this edict will be compelled to close their establishments and will pay a fine of 500 to 2,000 pesos. Please let the public know of this decree and enforce it in that department. You are authorized to grant the permission referred to or to deny the same according to the circumstances of each institution and with regard to the actual state of the nation.

José Joaquin Casas.
[Subinclosure 6.]

Governor Velez to the Minister of Public Instruction .

Very urgent.]

Minister of Public Instruction, Bogotá:

I had the honor of receiving on the 28th instant your important telegram communicating the substance of the decree of the Government dealing with the inspection of private establishments of instruction, which document will be published to-morrow officially. In the carrying out of the same and in exercising the authority that your honor gives me I will not permit the opening of any such schools where directly or indirectly revolutionary spirit is fermented or where is weakened the national sentiment so necessary for the maintaining of sovereignty and national independence. I greet you cordially.

Joaquin F. Velez.
[Page 300]
[Subinclosure 7.]

Awake Catholics!

The Protestant minister and principal of the American college is collecting a sum in gold for the construction of a building for said college. No one is so foolish as not to believe that that college is for the propagation of Protestantism, although they deny it, and surely no Catholic will commit the terror of aiding with his money, even though in form of a loan, the work of heresy. It is good that the foreigners here, who are almost all of them Protestants or Jews, should contribute; but that one of our fellow-countrymen, a son of a country so catholic as Colombia, should help the Yankee Protestants to sow the seed of disbelief in the minds of the youth, to say the least of it, with all its fatal consequences, thus preparing the way to Americanism, is not only sinning against religion, but also against society and against our native country.

Awake, Catholics and Colombians! Do not be deceived! Have no respect for any man! Before this, our country; and before our country, God.