I transmit herewith a communication of 4th instant from the Secretary of the Interior, submitting, with other papers, a draft of a bill to accept and ratify an agreement made with the Shoshone and Bannock Indians for the surrender and relinquishment to the United States of a portion of the Fort Hall Reservation, in the Territory of Idaho, for the purposes of a town site, and for the grant of a right of way through said reservation to the Utah and Northern Railway Company, and for other purposes.
The matter is presented for the consideration of the Congress.
GROVER CLEVELAND.
EXECUTIVE MANSION, February 20, 1888.
To the Senate of the United States:
I transmit herewith a report furnished by the Secretary of State in response to a resolution of the Senate of the 2d instant, making inquiry respecting the present condition of the Virginius indemnity fund.
GROVER CLEVELAND.
EXECUTIVE MANSION, February 20, 1888.
To the Senate and House of Representatives:
I transmit herewith and commend to your favorable consideration a report from the Secretary of State, in relation to an invitation which this Government has received from the Belgian Government to participate in an international exhibition of sciences and industry which will open at Brussels in the month of May next.
GROVER CLEVELAND.
EXECUTIVE MANSION, February 20, 1888.
To the Senate of the United States:
In my annual message transmitted to the Congress in December, 1886, it was stated that negotiations were then pending for the settlement of the questions growing out of the rights claimed by American fishermen in British North American waters.
As a result of such negotiations a treaty has been agreed upon between Her Britannic Majesty and the United States, concluded and signed in this capital, under my direction and authority, on the 15th of February instant, and which I now have the honor to submit to the Senate with the recommendation that it shall receive the consent of that body, as provided in the Constitution, in order that the ratifications thereof may be duly exchanged and the treaty be carried into effect.
Shortly after Congress had adjourned in March last, and in continuation of my efforts to arrive at such an agreement between the Governments of Great Britain and the United States as would secure to the citizens of the respective countries the unmolested enjoyment of their just rights under existing treaties and international comity in the territorial waters of Canada and of Newfoundland, I availed myself of opportune occurrences indicative of a desire to make without delay an amicable and final settlement of a long-standing controversy, productive of much irritation and misunderstanding between the two nations, to send through our minister in London proposals that a conference should take place on the subject at this capital.
The experience of the past two years had demonstrated the dilatory and unsatisfactory consequences of our indirect transaction of business through the foreign office in London, in which the views and wishes of the government of the Dominion of Canada were practically predominant, but were only to find expression at second hand.
To obviate this inconvenience and obstruction to prompt and well-defined settlement, it was considered advisable that the negotiations should be conducted in this city and that the interests of Canada and Newfoundland should be directly represented therein.
The terms of reference having been duly agreed upon between the two Governments and the conference arranged to be held here, by virtue of the power in me vested by the Constitution I duly authorized Thomas F. Bayard, the Secretary of State of the United States, William L. Putnam, a citizen of the State of Maine, and James B. Angell, a citizen of the State of Michigan, for and in the name of the United States, to meet and confer with the plenipotentiaries representing the Government of Her Britannic Majesty, for the purpose of considering and adjusting in a friendly spirit all or any questions relating to rights of fishery in the seas adjacent to British North America and Newfoundland which were in dispute between the Government of the United States and that of Her Britannic Majesty, and jointly and severally to conclude and sign any treaty or treaties touching the premises; and I herewith transmit for your information full copies of the power so given by me.
In execution of the powers so conveyed the said Thomas F. Bayard, William L. Putnam, and James B. Angell, in the month of November last, met in this city the plenipotentiaries of Her Britannic Majesty and proceeded in the negotiation of a treaty as above authorized. After many conferences and protracted efforts an agreement has at length been arrived at, which is embodied in the treaty which I now lay before you.
The treaty meets my approval, because I believe that it supplies a satisfactory, practical, and final adjustment, upon a basis honorable and just to both parties, of the difficult and vexed question to which it relates.
A review of the history of this question will show that all former attempts to arrive at a common interpretation, satisfactory to both parties, of the first article of the treaty of October 20, 1818, have been unsuccessful, and with the lapse of time the difficulty and obscurity have only increased.
The negotiations in 1854 and again in 1871 ended in both cases in temporary reciprocal arrangements of the tariffs of Canada and Newfoundland and of the United States, and the payment of a money award by the United States, under which the real questions in difference remained unsettled, in abeyance, and ready to present themselves anew just so soon as the conventional arrangements were abrogated.
The situation, therefore, remained unimproved by the results of the treaty of 1871, and a grave condition of affairs, presenting almost identically the same features and causes of complaint by the United States against Canadian action and British default in its correction, confronted us in May, 1886, and has continued until the present time.
The greater part of the correspondence which has taken place between the two Governments has heretofore been communicated to Congress, and at as early a day as possible I shall transmit the remaining portion to this date, accompanying it with the joint protocols of the conferences which resulted in the conclusion of the treaty now submitted to you.
You will thus be fully possessed of the record and history of the case since the termination on June 30, 1885, of the fishery articles of the treaty of Washington of 1871, whereby we were relegated to the provisions of the treaty of October 20, 1818.
As the documents and papers referred to will supply full information of the positions taken under my Administration by the representatives of the United States, as well as those occupied by the representatives of the Government of Great Britain, it is not considered necessary or expedient to repeat them in this message. But I believe the treaty will be found to contain a just, honorable, and therefore satisfactory solution of the difficulties which have clouded our relations with our neighbors on our northern border.
Especially satisfactory do I believe the proposed arrangement will be found by those of our citizens who are engaged in the open-sea fisheries adjacent to the Canadian coast, and resorting to those ports and harbors under treaty provisions and rules of international law.
The proposed delimitation of the lines of the exclusive fisheries from the common fisheries will give certainty and security as to the area of their legitimate field. The headland theory of imaginary lines is abandoned by Great Britain, and the specification in the treaty of certain named bays especially provided for gives satisfaction to the inhabitants of the shores, without subtracting materially from the value or convenience of the fishery rights of Americans.
The uninterrupted navigation of the Strait of Canso is expressly and for the first time affirmed, and the four purposes for which our fishermen under the treaty of 1818 were allowed to enter the bays and harbors of Canada and Newfoundland within the belt of 3 marine miles are placed under a fair and liberal construction, and their enjoyment secured without such conditions and restrictions as in the past have embarrassed and obstructed them so seriously.
The enforcement of penalties for unlawfully fishing or preparing to fish within the inshore and exclusive waters of Canada and Newfoundland is to be accomplished under safeguards against oppressive or arbitrary action, thus protecting the defendant fishermen from punishment in advance of trial, delays, and inconvenience and unnecessary expense.
The history of events in the last two years shows that no feature of Canadian administration was more harassing and injurious than the compulsion upon our fishing vessels to make formal entry and clearance on every occasion of temporarily seeking shelter in Canadian ports and harbors.
Such inconvenience is provided against in the proposed treaty, and this most frequent and just cause of complaint is removed.
The articles permitting our fishermen to obtain provisions and the ordinary supplies of trading vessels on their homeward voyages, and under which they are accorded the further and even more important privilege on all occasions of purchasing such casual or needful provisions and supplies as are ordinarily granted to trading vessels, are of great importance and value.
The licenses, which are to be granted without charge and on application, in order to enable our fishermen to enjoy these privileges, are reasonable and proper checks in the hands of the local authorities to identify the recipients and prevent abuse, and can form no impediment to those who intend to use them fairly.
The hospitality secured for our vessels in all cases of actual distress, with liberty to unload and sell and transship their cargoes, is full and liberal.
These provisions will secure the substantial enjoyment of the treaty rights for our fishermen under the treaty of 1818, for which contention has been steadily made in the correspondence of the Department of State and our minister at London and by the American negotiators of the present treaty.
The right of our fishermen under the treaty of 1818 did not extend to the procurement of distinctive fishery supplies in Canadian ports and harbors, and one item supposed to be essential—to wit, bait—was plainly denied them by the explicit and definite words of the treaty of 1818, emphasized by the course of the negotiation and express decisions which preceded the conclusion of that treaty.
The treaty now submitted contains no provision affecting tariff duties, and, independently of the position assumed upon the part of the United States that no alteration in our tariff or other domestic legislation could be made as the price or consideration of obtaining the rights of our citizens secured by treaty, it was considered more expedient to allow any change in the revenue laws of the United States to be made by the ordinary exercise of legislative will and in the promotion of the public interests. Therefore the addition to the free list of fish, fish oil, whale and seal oil, etc., recited in the last article of the treaty, is wholly left to the action of Congress; and in connection therewith the Canadian and Newfoundland right to regulate sales of bait and other fishing supplies within their own jurisdiction is recognized, and the right of our fishermen to freely purchase these things is made contingent by this treaty upon the action of Congress in the modification of our tariff laws.
Our social and commercial intercourse with those populations who have been placed upon our borders and made forever our neighbors is made apparent by a list of United States common carriers, marine and inland, connecting their lines with Canada, which was returned by the Secretary of the Treasury to the Senate on the 7th day of February, 1888, in answer to a resolution of that body; and this is instructive as to the great volume of mutually profitable interchanges which has come into existence during the last half century.
This intercourse is still but partially developed, and if the amicable enterprise and wholesome rivalry between the two populations be not obstructed the promise of the future is full of the fruits of an unbounded prosperity on both sides of the border.
The treaty now submitted to you has been framed in a spirit of liberal equity and reciprocal benefits, in the conviction that mutual advantage and convenience are the only permanent foundation of peace and friendship between States, and that with the adoption of the agreement now placed before the Senate a beneficial and satisfactory intercourse between the two countries will be established so as to secure perpetual peace and harmony.
In connection with the treaty herewith submitted I deem it also my duty to transmit to the Senate a written offer or arrangement, in the nature of a modus vivendi, tendered after the conclusion of the treaty on the part of the British plenipotentiaries, to secure kindly and peaceful relations during the period that may be required for the consideration of the treaty by the respective Governments and for the enactment of the necessary legislation to carry its provisions into effect if approved.
This paper, freely and on their own motion signed by the British conferees, not only extends advantages to our fishermen pending the ratification of the treaty, but appears to have been dictated by a friendly and amicable spirit.
I am given to understand that the other Governments concerned in this treaty will within a few days, in accordance with their methods of conducting public business, submit said treaty to their respective legislatures, when it will be at once published to the world. In view of such action it appears to be advisable that by publication here early and full knowledge of all that has been done in the premises should be afforded to our people.
It would also seem to be useful to inform the popular mind concerning the history of the long-continued disputes growing out of the subject embraced in the treaty and to satisfy the public interests touching the same, as well as to acquaint our people with the present status of the questions involved, and to give them the exact terms of the proposed adjustment, in place of the exaggerated and imaginative statements which will otherwise reach them.
I therefore beg leave respectfully to suggest that said treaty and all such correspondence, messages, and documents relating to the same as may be deemed important to accomplish those purposes be at once made public by the order of your honorable body.
GROVER CLEVELAND.
EXECUTIVE MANSION, February 20, 1888.
To the Senate and House of Representatives:
I transmit herewith a report from the Secretary of State, relative to an invitation from the Imperial German Government to the Government of the United States to become a party to the International Geodetic Association.
GROVER CLEVELAND.
EXECUTIVE MANSION, February 27, 1888.
To the Senate of the United States:
I transmit herewith a report furnished by the Secretary of State in response to a resolution of the Senate of January 12, 1888, making various inquiries respecting the awards of the late Spanish and American Claims Commission and the disposition of moneys received in satisfaction thereof.
GROVER CLEVELAND.
EXECUTIVE MANSION, March 5, 1888.
To the Senate and House of Representatives of the United States of America:
I transmit herewith, for the information and consideration of Congress, a report of the Secretary of State, with accompanying correspondence, touching the action of the Government of Venezuela in conveying to that country for interment the remains of the distinguished Venezuelan soldier and statesman, General Jose Antonio Paez, and take pleasure in expressing my concurrence in the suggestion therein referred to, that the employment of a national vessel of war for the transportation of General Paez's remains from New York to La Guayra be authorized and provided for by Congress.
GROVER CLEVELAND.
EXECUTIVE MANSION, March 5, 1888.
To the Senate and House of Representatives:
I transmit herewith a report from the Secretary of State, relative to an invitation which the Royal Bavarian Government has extended to this Government to participate in the Third International Exhibition of the Fine Arts, which is to be held at Munich, Bavaria, during the present year.
GROVER CLEVELAND.
EXECUTIVE MANSION, March 5, 1888.
To the Senate and House of Representatives:
I herewith transmit a letter from the Secretary of State, accompanied by documents and correspondence, in relation to the recent negotiations with Great Britain concerning American fishing interests in British North American waters.
GROVER CLEVELAND.
EXECUTIVE MANSION, March 5, 1888.
To the Senate:
I transmit herewith a report from the Secretary of State, with its inclosures, in response to the resolution of the Senate of the 21st of December, 1887, and the 16th of January, 1888, touching the awards of the late Mexican Claims Commission, and especially those in favor of Benjamin Weil and La Abra Silver Mining Company.
It will be seen that the report concludes with a suggestion that these claims be referred to the Court of Claims, or such other court as may be deemed proper, in order that the charges of fraud made in relation to said claims may be fully investigated.
If for any reason this proceeding be considered inadvisable, I respectfully ask that some final and definite action be taken directing the executive department of the Government what course to pursue in the premises.
In view of the long delay that has already occurred in these cases, it would seem but just to all parties concerned that the Congress should speedily signify its final judgment upon the awards referred to and make the direction contemplated by the act of 1878, in default of which the money now on hand applicable to such awards now remains undistributed.
GROVER CLEVELAND.
EXECUTIVE MANSION, March 7, 1888.
To the Senate:
In compliance with the resolution of the Senate of the 24th of February, 1888, calling for information as to whether the Government of France has prohibited the importation into the country of any American products, and, if so, what products of the United States are affected thereby, and also as to whether any correspondence upon said subject has passed between the Governments of the United States and France, I transmit herewith a report from the Secretary of State on the subject, with the accompanying correspondence.
GROVER CLEVELAND.
EXECUTIVE MANSION, March 8, 1888.
To the Senate:
A copy of the following resolution, passed by the Senate on the 1st day of the present month, was delivered to me on the 3d instant:
Resolved, That in view of the difficulties and embarrassments that have attended the regulation of the immigration of Chinese laborers to the United States under the limitations of our treaties with China, the President of the United States be requested to negotiate a treaty with the Emperor of China containing a provision that no Chinese laborer shall enter the United States.
The importance of the subject referred to in this resolution has by no means been overlooked by the executive branch of the Government, charged under the Constitution with the formulation of treaties with foreign countries.
Negotiation with the Emperor of China for a treaty such as is mentioned in said resolution was commenced many months ago and has been since continued. The progress of the negotiation thus inaugurated has heretofore been freely communicated to such members of the Senate and of its Committee on Foreign Relations as sought information concerning the same. It is, however, with much gratification that I deem myself now justified in expressing to the Senate, in response to its resolution, the hope and expectation that a treaty will soon be concluded concerning the immigration of Chinese laborers which will meet the wants of our people and the approbation of the body to which it will be submitted for confirmation.
GROVER CLEVELAND.
EXECUTIVE MANSION, Washington, March 12, 1888.
To the Senate of the United States:
I transmit herewith, with a view to its ratification, a treaty between the United States of America and Zanzibar, concluded July 3, 1886, enlarging and defining the stipulations of the treaty of September 21, 1833, between the United States of America and His Majesty Seyed Syed bin Sultan of Muscat and Sovereign of Zanzibar, which treaty has continued in force as to Zanzibar and its dependencies after the separation of Zanzibar from Muscat, and has been accepted, ratified, and confirmed by the Sultan of Zanzibar on October 20, 1879.
GROVER CLEVELAND.
EXECUTIVE MANSION, Washington, March 16, 1888.
To the Senate:
I have the honor to transmit herewith and recommend for your constitutional approval a convention signed and concluded in this city on the 12th instant, under my direction, between the United States and China, for the exclusion hereafter of Chinese laborers from coming into this country.
This treaty is accompanied by a letter from the Secretary of State in recital of its provisions and explanatory of the reasons for its negotiation, and with it are transmitted sundry documents giving the history of events connected with the presence and treatment of Chinese subjects in the United States.
In view of the public interest which has for a long time been manifested in relation to the question of Chinese immigration, it would seem advisable that the full text of this treaty should be made public, and I respectfully recommend that an order to that effect be made by your honorable body.
GROVER CLEVELAND.
EXECUTIVE MANSION, March 16, 1888.
To the Senate of the United States:
I herewith transmit, in compliance with the resolution of the Senate of the 16th ultimo, a report from the Secretary of State, accompanied by certain correspondence in regard to the Mexican zona libre.
GROVER CLEVELAND.
EXECUTIVE MANSION, March 20, 1888.
To the Senate and House of Representatives:
I transmit herewith a communication of the 13th instant from the Secretary of the Interior, with accompanying papers, and submitting the draft of a proposed bill to forfeit lands granted to the State of Oregon for the construction of certain wagon roads, and for other purposes.
The presentation of facts by the Secretary of the Interior herewith transmitted is the result of an examination made under his direction, which has developed, as it seems to me, the most unblushing frauds upon the Government, which, if remaining unchallenged, will divert several hundred thousand acres of land from the public domain and from the reach of honest settlers to those who have attempted to prevent and prostitute the beneficent designs of the Government. The Government sought by the promise of generous donations of land to promote the building of wagon roads for public convenience and for the purpose of encouraging settlement upon the public lands. The roads have not been built, and yet an attempt is made to claim the lands under a title which depends for its validity entirely upon the construction of these roads.
The evidence which has been collected by the Secretary of the Interior, plainly establishing this attempt to defraud the Government and exclude the settlers who are willing to avail themselves of the liberal policy adopted for the settlement of the public lands, is herewith submitted to the Congress, with the recommendation that the bill which has been prepared, and which is herewith transmitted, may become a law, and with the earnest hope that the opportunity thus presented to demonstrate a sincere desire to preserve the public domain for settlers and to frustrate unlawful attempts to appropriate the same may not be neglected.
GROVER CLEVELAND.
EXECUTIVE MANSION, Washington, March 22, 1888.
To the Senate:
I transmit herewith, for your advice and consent to the ratification thereof, a convention between the United States and Venezuela, signed the 15th instant, supplementary to the convention between the same powers for the settlement of claims signed December 5, 1885.
I transmit also a report of the Secretary of State thereon and copies of correspondence had with the diplomatic representative of Venezuela at this capital in relation thereto.
GROVER CLEVELAND.
EXECUTIVE MANSION, March 22, 1888.
To the Senate:
In response to the resolution adopted by your honorable body on the 16th instant, as follows—
Resolved, That the President of the United States be requested, if in his judgment not incompatible with the public interest, to transmit to the Senate copies of the minutes and daily protocols of the meetings of the commissioners who negotiated the treaty with Great Britain submitted by the President to the Senate on the 20th of February, 1888—
I submit herewith a report of the Secretary of State, which I hope will satisfactorily meet the request for information embraced in said resolution.
GROVER CLEVELAND.
EXECUTIVE MANSION, March 27, 1888.
To the Senate and House of Representatives:
I transmit herewith a report from Hon. George H. Pendleton, our minister to Germany, dated January 30, 1888, from which it appears that trichinosis prevails to a considerable extent in certain parts of Germany and that a number of persons have already died from the effects of eating the meat of diseased hogs which were grown in that country.
I also transmit a report from our consul at Marseilles, dated February 4, 1888, representing that for a number of months a highly contagious and fatal disease has prevailed among the swine of a large section of France, which disease is thought to be very similar to hog cholera by the Commissioner of Agriculture, whose statement is herewith submitted.
It is extremely doubtful if the law passed April 29, 1878, entitled "An act to prevent the introduction of contagious or infectious diseases into the United States," meets cases of this description.
In view of the danger to the health and lives of our people and the contagion that may be spread to the live stock of the country by the importation of swine or hog products from either of the countries named, I recommend the passage of a law prohibiting such importation, with proper regulations as to the continuance of such prohibition, and permitting such further prohibitions in other future cases of a like character as safety and prudence may require.
GROVER CLEVELAND.
EXECUTIVE MANSION, Washington, April 2, 1888.
To the House of Representatives:
I transmit herewith a report from the Secretary of State, with its inclosures, in response to the resolution of the House of Representatives of the 8th ultimo, in relation to affairs in Samoa.
GROVER CLEVELAND.
EXECUTIVE MANSION, April 5, 1888.
To the Senate and House of Representatives:
I transmit herewith a communication of the 3d instant from the Secretary of the Interior, submitting, with accompanying papers, a draft of a bill to provide for the revocation of the withdrawal of lands made for the benefit of certain railroads, and for other purposes.
GROVER CLEVELAND.
EXECUTIVE MANSION, April 9, 1888.
To the Senate and House of Representatives:
I transmit herewith a communication of the 6th instant from the Secretary of the Interior, submitting, with accompanying papers, a draft of proposed legislation, prepared in the Office of Indian Affairs, to authorize the use of certain funds therein specified in the purchase of lands in the State of Florida upon which to locate the Seminole Indians in that State.
The matter is presented for the favorable consideration of Congress.
GROVER CLEVELAND.
EXECUTIVE MANSION, April 12, 1888.
To the Senate and House of Representatives:
I transmit herewith and commend to your favorable consideration a letter from the Secretary of State, outlining a plan for publishing the important collections of historical manuscripts now deposited in the Department of State.
GROVER CLEVELAND.
EXECUTIVE MANSION, April 12, 1888.
To the Senate of the United States:
In response to the resolution of the Senate dated March 8, calling for the correspondence respecting the seizure of the American steamships Hero, San Fernando, and Nutrias, the property of the Venezuela Steam Transportation Company of New York, and the imprisonment of their officers by the authorities in Venezuela, I transmit herewith the report of the Secretary of State on the subject, together with the accompanying documents.
GROVER CLEVELAND.
EXECUTIVE MANSION, April 18, 1888.
To the Senate of the United States:
In answer to the resolution of the Senate of the 5th of March last, calling upon the Secretary of State for copies of the correspondence relating to the claim of William H. Frear against the Government of France for money due him for provisions furnished in March, 1871, for revictualing Paris, I transmit a report from that officer, together with the correspondence called for by the resolution.
GROVER CLEVELAND.
EXECUTIVE MANSION, Washington, April 23, 1888.
To the Senate:
I transmit herewith a report from the Secretary of State and accompanying papers, in response to the resolution of the Senate of the 25th of January last, requesting correspondence and other information in relation to the claims convention of December 5, 1885, between the United States and Venezuela.
This resolution was adopted in open session; but in view of the change of circumstances since its adoption, by the signature on the 15th ultimo of the convention which I transmitted to the Senate with my message of the 22d ultimo,16 and which is now under consideration there in executive session, I transmit the accompanying report as a confidential document also.
GROVER CLEVELAND.
EXECUTIVE MANSION, Washington, May 8, 1888.
To the Senate of the United States:
I retransmit herewith a convention for the surrender of criminals between the United States and the Republic of Guatemala, concluded October 11, 1870, and ratified by the President of the United States, as amended by the Senate, on April 11, 1871, calling attention to the accompanying report of the Secretary of State as explanatory of my action.
GROVER CLEVELAND.
EXECUTIVE MANSION, May 8, 1888.
To the Senate of the United States:
In answer to the resolution of the Senate of April 12, directing the Secretary of State to transmit to the Senate a copy of the correspondence in his Department in regard to the case of John Fruchier, an American citizen who has been impressed into the military service of France, I transmit herewith a report in relation thereto from the Secretary of State, together with the accompanying papers, not considering their communication to be incompatible with the public interests.
GROVER CLEVELAND.
EXECUTIVE MANSION, Washington, May 14, 1888.
To the Senate and House of Representatives:
I transmit herewith a report from the Secretary of State, relative to the claim of Mr. Rudolph Lobsiger, a Swiss citizen, against the United States, and recommend that provision be made by law for referring the matter to the Court of Claims for examination on its merits.
GROVER CLEVELAND.
EXECUTIVE MANSION, Washington, May 14, 1888.
To the Senate and House of Representatives:
I transmit herewith a communication from the Secretary of State, accompanied by a report of Mr. Somerville P. Tuck, appointed to carry out certain provisions of section 5 of an act entitled "An act to provide for the ascertainment of claims of American citizens for spoliations committed by the French prior to the 31st day of July, 1801," approved January 20, 1885.
GROVER CLEVELAND.
EXECUTIVE MANSION, May 15, 1888.
To the House of Representatives:
In compliance with a resolution originating in the House of Representatives and concurred in by the Senate, I return herewith the bill (H.R. 2699) entitled "An act for the relief of the heirs of the late Solomon Spitzer."
GROVER CLEVELAND.
EXECUTIVE MANSION, Washington, June 14, 1888.
To the Senate of the United States:
I transmit herewith, in response to a resolution of the Senate of the 11th instant, a report of the Secretary of State, to whom said resolution was addressed, together with a copy of the letter addressed by William H. Seward, Secretary of State, to the governors of certain States of the Union, under date of October 14, 1861, as described in said resolution.
GROVER CLEVELAND.
EXECUTIVE MANSION, June 26, 1888.
To the Senate and House of Representatives:
I transmit herewith a report from the Secretary of State, accompanied with selected correspondence relating to foreign affairs for the year 1887.
GROVER CLEVELAND.
EXECUTIVE MANSION, Washington, July 5, 1888.
To the Senate:
I transmit herewith, with a view to its ratification, a convention for the extradition of criminals between the United States of America and the Republic of Colombia, signed at Bogota on the 7th of May, 1888, and I at the same time call attention to the accompanying report of the Secretary of State, suggesting certain amendments to the convention.
GROVER CLEVELAND.
EXECUTIVE MANSION, Washington, July 18, 1888.
To the Senate:
I transmit, with a view to its ratification, a convention between the United States and Mexico, signed July 11, 1888, regulating the crossing and recrossing of the frontier between the two countries by pasturing estray or stolen cattle, and I at the same time call attention to the report of the Secretary of State and accompanying papers, relating to the convention in question.
GROVER CLEVELAND.
EXECUTIVE MANSION, July 18, 1888.
To the Senate and House of Representatives:
I transmit herewith a communication from the Secretary of State, submitting a series of reports on taxation, prepared by the consular officers of the United States.
GROVER CLEVELAND.
EXECUTIVE MANSION, July 18, 1888.
To the Senate and House of Representatives:
I transmit herewith a letter from the Secretary of State, accompanying the annual reports of the consuls of the United States on the trade and industries of foreign countries.
GROVER CLEVELAND.
EXECUTIVE MANSION, July 18, 1888.
To the Senate and House of Representatives:
I transmit herewith a letter from the Acting Secretary of State and accompanying documents, being reports from the consuls of the United States on the production of and trade in coffee among the Central and South American States.
GROVER CLEVELAND.
EXECUTIVE MANSION, July 23, 1888.
To the Congress of the United States:
Pursuant to the second section of chapter 27 of the laws of 1883, entitled "An act to regulate and improve the civil service of the United States," I herewith transmit the fourth report of the United States Civil Service Commission, covering the period between the 16th day of January, 1886, and the 1st day of July, 1887.
While this report has especial reference to the operations of the Commission during the period above mentioned, it contains, with its accompanying appendixes, much valuable information concerning the inception of civil-service reform and its growth and progress which can not fail to be interesting and instructive to all who desire improvement in administrative methods.
During the time covered by the report 15,852 persons were examined for admission in the classified civil service of the Government in all its branches, of whom 10,746 passed the examination and 5,106 failed. Of those who passed the examination 2,977 were applicants for admission to the departmental service at Washington, 2,547 were examined for admission to the customs service, and 5,222 for admission to the postal service. During the same period 547 appointments were made from the eligible lists to the departmental service, 641 to the customs service, and 3,254 to the postal service.
Concerning separations from the classified service, the report only informs us of such as have occurred among employees in the public service who had been appointed from eligible lists under civil-service rules. When these rules took effect, they did not apply to the persons then in the service, comprising a full complement of employees, who obtained their positions independently of the new law. The Commission has no record of the separations in this numerous class. And the discrepancy apparent in the report between the number of appointments made in the respective branches of the service from the lists of the Commission and the small number of separations mentioned is to a great extent accounted for by vacancies, of which no report was made to the Commission, occurring among those who held their places without examination and certification, which vacancies were filled by appointment from the eligible lists.
In the departmental service there occurred between the 16th day of January, 1886, and the 30th day of June, 1887, among the employees appointed from the eligible lists under civil-service rules, 17 removals, 36 resignations, and 5 deaths. This does not include 14 separations in the grade of special pension examiners—4 by removal, 5 by resignation, and 5 by death.
In the classified customs and postal services the number of separations among those who received absolute appointments under civil-service rules is given for the period between the 1st day of January, 1886, and the 30th day of June, 1887. It appears that such separations in the customs service for the time mentioned embraced 21 removals, 5 deaths, and 18 resignations, and in the postal service 256 removals, 23 deaths, and 469 resignations.
More than a year has passed since the expiration of the period covered by the report of the Commission. Within the time which has thus elapsed many important changes have taken place in furtherance of a reform in our civil service. The rules and regulations governing the execution of the law upon the subject have been completely remodeled in such manner as to render the enforcement of the statute more effective and greatly increase its usefulness.
Among other things, the scope of the examinations prescribed for those who seek to enter the classified service has been better defined and made more practical, the number of names to be certified from the eligible lists to the appointing officers from which a selection is made has been reduced from four to three, the maximum limitation of the age of persons seeking entrance to the classified service to 45 years has been changed, and reasonable provision has been made for the transfer of employees from one Department to another in proper cases. A plan has also been devised providing for the examination of applicants for promotion in the service, which, when in full operation, will eliminate all chance of favoritism in the advancement of employees, by making promotion a reward of merit and faithful discharge of duty.
Until within a few weeks there was no uniform classification of employees in the different Executive Departments of the Government. As a result of this condition, in some of the Departments positions could be obtained without civil-service examination, because they were not within the classification of such Department, while in other Departments an examination and certification were necessary to obtain positions of the same grade, because such positions were embraced in the classifications applicable to those Departments.
The exception of laborers, watchmen, and messengers from examination and classification gave opportunity, in the absence of any rule guarding against it, for the employment, free from civil-service restrictions, of persons under these designations, who were immediately detailed to do clerical work.
All this has been obviated by the application to all the Departments of an extended and uniform classification embracing grades of employees not theretofore included, and by the adoption of a rule prohibiting the detail of laborers, watchmen, or messengers to clerical duty.
The path of civil-service reform has not at all times been pleasant nor easy. The scope and purpose of the reform have been much misapprehended; and this has not only given rise to strong opposition, but has led to its invocation by its friends to compass objects not in the least related to it. Thus partisans of the patronage system have naturally condemned it. Those who do not understand its meaning either mistrust it or, when disappointed because in its present stage it is not applied to every real or imaginary ill, accuse those charged with its enforcement with faithlessness to civil-service reform. Its importance has frequently been underestimated, and the support of good men has thus been lost by their lack of interest in its success. Besides all these difficulties, those responsible for the administration of the Government in its executive branches have been and still are often annoyed and irritated by the disloyalty to the service and the insolence of employees who remain in place as the beneficiaries and the relics and reminders of the vicious system of appointment which civil-service reform was intended to displace.
And yet these are but the incidents of an advance movement which is radical and far-reaching. The people are, notwithstanding, to be congratulated upon the progress which has been made and upon the firm, practical, and sensible foundation upon which this reform now rests.
With a continuation of the intelligent fidelity which has hitherto characterized the work of the Commission; with a continuation and increase of the favor and liberality which have lately been evinced by the Congress in the proper equipment of the Commission for its work; with a firm but conservative and reasonable support of the reform by all its friends, and with the disappearance of opposition which must inevitably follow its better understanding, the execution of the civil-service law can not fail to ultimately answer the hopes in which it had its origin.
GROVER CLEVELAND.
EXECUTIVE MANSION, July 26, 1888.
To the Senate of the United States:
I transmit herewith, in response to a resolution of the Senate of 11th April last, a report of the Secretary of State, with accompanying correspondence, relating to the pending dispute between the Government of Venezuela and the Government of Great Britain concerning the boundaries between British Guiana and Venezuela.
GROVER CLEVELAND.
EXECUTIVE MANSION, August 6, 1888.
To the Senate and House of Representatives:
It becomes my painful duty to announce to the Congress and to the people of the United States the death of Philip H. Sheridan, General of the Army, which occurred at a late hour last night at his summer home in the State of Massachusetts.
The death of this valiant soldier and patriotic son of the Republic, though his long illness has been regarded with anxiety, has nevertheless shocked the country and caused universal grief.
He had established for himself a stronghold in the hearts of his fellow-countrymen, who soon caught the true meaning and purpose of his soldierly devotion and heroic temper.
His intrepid courage, his steadfast patriotism, and the generosity of his nature inspired with peculiar warmth the admiration of all the people.
Above his grave affection for the man and pride in his achievements will struggle for mastery, and too much honor can not be accorded to one who was so richly endowed with all the qualities which make his death a national loss.
GROVER CLEVELAND.
EXECUTIVE MANSION, August 7, 1888.
To the Senate:
In compliance with a resolution of the Senate of the 3d instant (the House of Representatives concurring), I return herewith the enrolled bill (S. 3303) amendatory of "An act relating to postal crimes and amendatory of the statutes therein mentioned," approved June 18, 1888.
GROVER CLEVELAND.
EXECUTIVE MANSION, August 10, 1888.
To the Senate and House of Representatives:
I transmit herewith a communication from the Secretary of State, accompanied by a report of the delegate on the part of the United States to the Fourth International Conference of the Red Cross Association, held at Carlsruhe, in the Grand Duchy of Baden, in September last.
GROVER CLEVELAND.
EXECUTIVE MANSION, August 23, 1888.
To the Congress:
The rejection by the Senate of the treaty lately negotiated for the settlement and adjustment of the differences existing between the United States and Great Britain concerning the rights and privileges of American fishermen in the ports and waters of British North America seems to justify a survey of the condition to which the pending question is thus remitted.
The treaty upon this subject concluded in 1818, through disagreements as to the meaning of its terms, has been a fruitful source of irritation and trouble. Our citizens engaged in fishing enterprises in waters adjacent to Canada have been subjected to numerous vexatious interferences and annoyances; their vessels have been seized upon pretexts which appeared to be entirely inadmissible, and they have been otherwise treated by the Canadian authorities and officials in a manner inexcusably harsh and oppressive.
This conduct has been justified by Great Britain and Canada by the claim that the treaty of 1818 permitted it and upon the ground that it was necessary to the proper protection of Canadian interests. We deny that treaty agreements justify these acts, and we further maintain that aside from any treaty restraints of disputed interpretation the relative positions of the United States and Canada as near neighbors, the growth of our joint commerce, the development and prosperity of both countries, which amicable relations surely guarantee, and, above all, the liberality always extended by the United States to the people of Canada furnished motives for kindness and consideration higher and better than treaty covenants.
While keenly sensitive to all that was exasperating in the condition and by no means indisposed to support the just complaints of our injured citizens, I still deemed it my duty, for the preservation of important American interests which were directly involved, and in view of all the details of the situation, to attempt by negotiation to remedy existing wrongs and to finally terminate by a fair and just treaty these ever-recurring causes of difficulty.
I fully believe that the treaty just rejected by the Senate was well suited to the exigency, and that its provisions were adequate for our security in the future from vexatious incidents and for the promotion of friendly neighborhood and intimacy, without sacrificing in the least our national pride or dignity.
I am quite conscious that neither my opinion of the value of the rejected treaty nor the motives which prompted its negotiation are of importance in the light of the judgment of the Senate thereupon. But it is of importance to note that this treaty has been rejected without any apparent disposition on the part of the Senate to alter or amend its provisions, and with the evident intention, not wanting expression, that no negotiation should at present be concluded touching the matter at issue.
The cooperation necessary for the adjustment of the long-standing national differences with which we have to deal by methods of conference and agreement having thus been declined, I am by no means disposed to abandon the interests and the rights of our people in the premises or to neglect their grievances; and I therefore turn to the contemplation of a plan of retaliation as a mode which still remains of treating the situation.
I am not unmindful of the gravity of the responsibility assumed in adopting this line of conduct, nor do I fail in the least to appreciate its serious consequences. It will be impossible to injure our Canadian neighbors by retaliatory measures without inflicting some damage upon our own citizens. This results from our proximity, our community of interests, and the inevitable commingling of the business enterprises which have been developed by mutual activity.
Plainly stated, the policy of national retaliation manifestly embraces the infliction of the greatest harm upon those who have injured us, with the least possible damage to ourselves. There is also an evident propriety, as well as an invitation to moral support, found in visiting upon the offending party the same measure or kind of treatment of which we complain, and as far as possible within the same lines. And above all things, the plan of retaliation, if entered upon, should be thorough and vigorous.
These considerations lead me at this time to invoke the aid and counsel of the Congress and its support in such a further grant of power as seems to me necessary and desirable to render effective the policy I have indicated.
The Congress has already passed a law, which received Executive assent on the 3d day of March, 1887, providing that in case American fishing vessels, being or visiting in the waters or at any of the ports of the British dominions of North America, should be or lately had been deprived of the rights to which they were entitled by treaty or law, or if they were denied certain other privileges therein specified or vexed and harassed in the enjoyment of the same, the President might deny to vessels and their masters and crews of the British dominions of North America any entrance into the waters, ports, or harbors of the United States, and also deny entry into any port or place of the United States of any product of said dominions or other goods coming from said dominions to the United States.
While I shall not hesitate upon proper occasion to enforce this act, it would seem to be unnecessary to suggest that if such enforcement is limited in such a manner as shall result in the least possible injury to our own people the effect would probably be entirely inadequate to the accomplishment of the purpose desired.
I deem it my duty, therefore, to call the attention of the Congress to certain particulars in the action of the authorities of the Dominion of Canada, in addition to the general allegations already made, which appear to be in such marked contrast to the liberal and friendly disposition of our country as in my opinion to call for such legislation as will, upon the principles already stated, properly supplement the power to inaugurate retaliation already vested in the Executive.
Actuated by the generous and neighborly spirit which has characterized our legislation, our tariff laws have since 1866 been so far waived in favor of Canada as to allow free of duty the transit across the territory of the United States of property arriving at our ports and destined to Canada, or exported from Canada to other foreign countries.
When the treaty of Washington was negotiated, in 1871, between the United States and Great Britain, having for its object very largely the modification of the treaty of 1818, the privileges above referred to were made reciprocal and given in return by Canada to the United States in the following language, contained in the twenty-ninth article of said treaty:
It is agreed that for the term of years mentioned in Article XXXIII of this treaty goods, wares, or merchandise arriving at the ports of New York, Boston, and Portland, and any other ports in the United States which have been or may from time to time be specially designated by the President of the United States, and destined for Her Britannic Majesty's possessions in North America, may be entered at the proper custom-house and conveyed in transit, without the payment of duties, through the territory of the United States, under such rules, regulations, and conditions for the protection of the revenue as the Government of the United States may from time to time prescribe; and, under like rules, regulations, and conditions, goods, wares, or merchandise may be conveyed in transit, without the payment of duties, from such possessions through the territory of the United States, for export from the said ports of the United States.
It is further agreed that for the like period goods, wares, or merchandise arriving at any of the ports of Her Britannic Majesty's possessions in North America, and destined for the United States, may be entered at the proper custom-house and conveyed in transit, without the payment of duties, through the said possessions, under such rules and regulations and conditions for the protection of the revenue as the governments of the said possessions may from time to time prescribe; and, under like rules, regulations, and conditions, goods, wares, or merchandise may be conveyed in transit, without payment of duties, from the United States through the said possessions to other places in the United States, or for export from ports in the said possessions.
In the year 1886 notice was received by the representatives of our Government that our fishermen would no longer be allowed to ship their fish in bond and free of duty through Canadian territory to this country, and ever since that time such shipment has been denied.
The privilege of such shipment, which had been extended to our fishermen, was a most important one, allowing them to spend the time upon the fishing grounds which would otherwise be devoted to a voyage home with their catch, and doubling their opportunities for profitably prosecuting their vocation.
In forbidding the transit of the catch of our fishermen over their territory in bond and free of duty the Canadian authorities deprived us of the only facility dependent upon their concession and for which we could supply no substitute.
The value to the Dominion of Canada of the privilege of transit for their exports and imports across our territory and to and from our ports, though great in every aspect, will be better appreciated when it is remembered that for a considerable portion of each year the St. Lawrence River, which constitutes the direct avenue of foreign commerce leading to Canada, is closed by ice.
During the last six years the imports and exports of British Canadian Provinces carried across our territory under the privileges granted by our laws amounted in value to about $270,000,000, nearly all of which were goods dutiable under our tariff laws, by far the larger part of this traffic consisting of exchanges of goods between Great Britain and her American Provinces brought to and carried from our ports in their own vessels.
The treaty stipulation entered into by our Government was in harmony with laws which were then on our statute book and are still in force.
I recommend immediate legislative action conferring upon the Executive the power to suspend by proclamation the operation of all laws and regulations permitting the transit of goods, wares, and merchandise in bond across or over the territory of the United States to or from Canada.
There need be no hesitation in suspending these laws arising from the supposition that their continuation is secured by treaty obligations, for it seems quite plain that Article XXIX of the treaty of 1871, which was the only article incorporating such laws, terminated the 1st day of July, 1885.
The article itself declares that its provisions shall be in force "for the term of years mentioned in Article XXXIII of this treaty." Turning to Article XXXIII, we find no mention of the twenty-ninth article, but only a provision that Articles XVIII to XXV, inclusive, and Article XXX shall take effect as soon as the laws required to carry them into operation shall be passed by the legislative bodies of the different countries concerned, and that "they shall remain in force for the period of ten years from the date at which they may come into operation, and, further, until the expiration of two years after either of the high contracting parties shall have given notice to the other of its wish to terminate the same."
I am of the opinion that the "term of years mentioned in Article XXXIII," referred to in Article XXIX as the limit of its duration, means the period during which Articles XVIII to XXV, inclusive, and Article XXX, commonly called the "fishery articles," should continue in force under the language of said Article XXXIII.
That the joint high commissioners who negotiated the treaty so understood and intended the phrase is certain, for in a statement containing an account of their negotiations, prepared under their supervision and approved by them, we find the following entry on the subject:
The transit question was discussed, and it was agreed that any settlement that might be made should include a reciprocal arrangement in that respect for the period for which the fishery articles should be in force.
In addition to this very satisfactory evidence supporting this construction of the language of Article XXIX, it will be found that the law passed by Congress to carry the treaty into effect furnishes conclusive proof of the correctness of such construction.
This law was passed March 1, 1873, and is entitled "An act to carry into effect the provisions of the treaty between the United States and Great Britain signed in the city of Washington the 8th day of May, 1871, relating to the fisheries." After providing in its first and second sections for putting in operation Articles XVIII to XXV, inclusive, and Article XXX of the treaty, the third section is devoted to Article XXIX, as follows:
SEC. 3. That from the date of the President's proclamation authorized by the first section of this act, and so long as the articles eighteenth to twenty-fifth, inclusive, and article thirtieth of said treaty shall remain in force according to the terms and conditions of article thirty-third of said treaty, all goods, wares, and merchandise, arriving
etc., etc., following in the remainder of the section the precise words of the stipulation on the part of the United States as contained in Article XXIX, which I have already fully quoted.
Here, then, is a distinct enactment of the Congress limiting the duration of this article of the treaty to the time that Articles XVIII to XXV, inclusive, and Article XXX should continue in force. That in fixing such limitation it but gave the meaning of the treaty itself is indicated by the fact that its purpose is declared to be to carry into effect the provisions of the treaty, and by the further fact that this law appears to have been submitted before the promulgation of the treaty to certain members of the joint high commission representing both countries, and met with no objection or dissent.
There appearing to be no conflict or inconsistency between the treaty and the act of the Congress last cited, it is not necessary to invoke the well-settled principle that in case of such conflict the statute governs the question.
In any event, and whether the law of 1873 construes the treaty or governs it, section 29 of such treaty, I have no doubt, terminated with the proceedings taken by our Government to terminate Articles XVIII to XXV, inclusive, and Article XXX of the treaty. These proceedings had their inception in a joint resolution of Congress passed May 3, 1883, declaring that in the judgment of Congress these articles ought to be terminated, and directing the President to give the notice to the Government of Great Britain provided for in Article XXXIII of the treaty. Such notice having been given two years prior to the 1st day of July, 1885, the articles mentioned were absolutely terminated on the last-named day, and with them Article XXIX was also terminated.
If by any language used in the joint resolution it was intended to relieve section 3 of the act of 1873, embodying Article XXIX of the treaty, from its own limitations, or to save the article itself, I am entirely satisfied that the intention miscarried.
But statutes granting to the people of Canada the valuable privileges of transit for their goods from our ports and over our soil, which had been passed prior to the making of the treaty of 1871 and independently of it, remained in force; and ever since the abrogation of the treaty, and notwithstanding the refusal of Canada to permit our fishermen to send their fish to their home market through her territory in bond, the people of that Dominion have enjoyed without diminution the advantages of our liberal and generous laws.
Without basing our complaint upon a violation of treaty obligations, it is nevertheless true that such refusal of transit and the other injurious acts which have been recited constitute a provoking insistence upon rights neither mitigated by the amenities of national intercourse nor modified by the recognition of our liberality and generous considerations.
The history of events connected with this subject makes it manifest that the Canadian government can, if so disposed administer its laws and protect the interests of its people without manifestation of unfriendliness and without the unneighborly treatment of our fishing vessels of which we have justly complained, and whatever is done on our part should be done in the hope that the disposition of the Canadian government may remove the occasion of a resort to the additional executive power now sought through legislative action.
I am satisfied that upon the principles which should govern retaliation our intercourse and relations with the Dominion of Canada furnish no better opportunity for its application than is suggested by the conditions herein presented, and that it could not be more effectively inaugurated than under the power of suspension recommended.
While I have expressed my clear conviction upon the question of the continuance of section 29 of the treaty of 1871, I of course fully concede the power and the duty of the Congress, in contemplating legislative action, to construe the terms of any treaty stipulation which might upon any possible consideration of good faith limit such action, and likewise the peculiar propriety in the case here presented of its interpretation of its own language, as contained in the laws of 1873 putting in operation said treaty and of 1883 directing the termination thereof; and if in the deliberate judgment of Congress any restraint to the proposed legislation exists, it is to be hoped that the expediency of its early removal will be recognized. I desire also to call the attention of the Congress to another subject involving such wrongs and unfair treatment to our citizens as, in my opinion, require prompt action.
The navigation of the Great Lakes and the immense business and carrying trade growing out of the same have been treated broadly and liberally by the United States Government and made free to all mankind, while Canadian railroads and navigation companies share in our country's transportation upon terms as favorable as are accorded to our own citizens.
The canals and other public works built and maintained by the Government along the line of the lakes are made free to all.