TREATY RIGHTS, ECCLESIASTICAL. Those rights which are secured by treaty to the sub jects or citizens of one State while residing in the territory of another State, relating to the exercise of their religion. The international agreements from which such rights arise differ radically from those treaties, generally known as concordats, which are made from time to time between sovereign States and the See of Rome to regulate the condition of the adherents of the Roman Catholic Church within the juris diction of the contracting State, since no ec clesiastical authority is made a party to the con tract, which is directly between sovereign States in favor of the citizens of one or both. Such a body of rights belongs to the department of pri vate international law. It had its origin in the Reformation period, when the organic unity of Western Christendom was broken and there was no single ecclesiastical authority with which a State could deal in relation to all its subjects. At the present time among the great powers of the world, and especially among those of West ern civilization, the liberties and rights of for eign-born residents are amply secured by what is known as 'the most favored nation clause' of the prevailing treaties. Those nations, how ever, which have been foremost in missionary enterprise among peoples of a different civiliza tion have found their interests to require in tervention by their governments, and the United States of America, in the protection of wide spread missionary enterprise, has secured for its citizens ecclesiastical rights in many coun tries. These rights differ considerably both in extent and kind, although, speaking generally, they have been elaborated as time went on and intercourse became more frequent. The first. of such rights specifically mentioned was se cured by the United States in its treaty of 1805 with the Sultan of Tripoli, in which it was pro vided that the consul or agent of the United States should have liberty to exercise his re ligion in his own house, and that his servants should not be impeded in going to his house at the hours of prayer. The Treaty of Guadalupe Hidalgo concluded with the Republic of Mexico in 1848 stipulated for American residents free dom from persecution on account of their re ligion and also liberty to propagate it. The treaty concluded in 1856 with the King of Siam provides that all American citizens visiting or residing in Siam shall be allowed the free ex ercise of their religion, and liberty to build places of worship in such localities as shall he assented to by the Siamese authorities. Amer icans have ecclesiastical treaty rights in China which were not abrogated by the foreign inter vention following the 'Boxer' uprising. They are provided by two treaties, one of June 18, 1858, and the other of July 4, 1868. Ameri
can citizens have a right by the terms of these treaties to teach and practice peaceably the principles of the Christian religion, to reside in those places where foreigners are permitted to reside and in such places to establish and main tain schools, and to maintain cemeteries free from profanation. They have also the right to attend the Chinese educational institutions under the control of the central Government. By the treaty of 185S with Japan Americans are se cured the free exercise of their religion and the right to erect suitable places of worship. Amer ican citizens are forbidden to injure any Jap anese temple or Miff, and neither Americans nor .Tapanese are allowed to do anything calculated to excite religious animosity. The Government of Japan has abolished time practice of trampling on religious emblems. By the treaty of 1859 with the Republic of Paraguay, citizens of the United States residing in Paraguay are at liberty to exercise in private and in their own dwellings or the dwellings of the consuls of the United States their religious services, but no right of propaganda is specified. The treaty of 1830 with the Ottoman Empire merely confirmed as the treaty rights of Americans privileges already existing. American missionaries were first es tablished in Turkey in 1818, and the privileges of extra-territoriality were then assigned to them by ancient usage. The liberty to exercise their religious functions, as a privileged class, bad been a-b antiquo granted by a voluntary ex tension of what is known as the 'Edict of Tolera tion' granted by the Turks, upon their con quest of Constantinople, to the ecclesiastics of any friendly Christian nation. While the United States was not a party to the Treaty of Berlin (187S), yet the guaranty given by the Turkish delegates applies to American citizens: "Through out the (Ottoman) Empire the most different re ligious are professed by millions of the Sultan's subjects, and not one has been molested in his belief, or in the exercise of his mode of worship. The Imperial Government is determined to main tain this principle in its full force, and to give to it all the extension that it calls for." By a protocol of 1S74 a qualified right to hold real estate is granted to American citizens. What is known as the 'Protestant Charter' regulates mission schools. By the treaty of 1880 with the Sultan of Morocco the right to hold property is recognized as belonging to all foreigners. The purchase of property must take place with the previous consent of the Government, and the title of such property shall be subject to the forms prescribed by the laws of the country. No free dom of religious propaganda is specified.