directed at dependents or natives of a foreign country suggests that the
contingency has arisen for action by Congress in the direction of
conferring upon the Federal courts jurisdiction in this class of
international cases where the ultimate responsibility of the Federal
Government may be involved. The suggestion is not new. In his annual
message of December 9, 1891, my predecessor, President Harrison, said: It
would, I believe, be entirely competent for Congress to make offenses
against the treaty rights of foreigners domiciled in the United States
cognizable in the Federal courts. This has not, however, been done, and the
Federal officers and courts have no power in such cases to intervene either
for the protection of a foreign citizen or for the punishment of his
slayers. It seems to me to follow, in this state of the law, that the
officers of the State charged with police and judicial powers in such cases
must, in the consideration of international questions growing out of such
incidents, be regarded in such sense as Federal agents as to make this
Government answerable for their acts in cases where it would be answerable
if the United States had used its constitutional power to define and punish
crimes against treaty rights. A bill to provide for the punishment of
violations of treaty rights of aliens was introduced in the Senate March 1,
1892, and reported favorably March 30. Having doubtless in view the
language of that part of Article III of the treaty of February 26, 1871,
between the United States and Italy, which stipulates that "The citizens
of each of the high contracting parties shall receive, in the States and
Territories of the other, most constant protection and security for their
persons and property, and shall enjoy in this respect the same rights and
privileges as are or shall be granted to the natives, on their submitting
themselves to the conditions imposed upon the natives," the bill so
introduced and reported provided that any act committed in any State or
Territory of the United States in violation of the rights of a citizen or
subject of a foreign country secured to such citizen or subject by treaty
between the United States and such foreign country and constituting a crime
under the laws of the State or Territory shall constitute a like crime
against the United States and be cognizable in the Federal courts. No
action was taken by Congress in the matter.
I earnestly recommend that the subject be taken up anew and acted upon
during the present session. The necessity for some such provision
abundantly appears. Precedent for constituting a Federal jurisdiction in
criminal cases where aliens are sufferers is rationally deducible from the
existing statute, which gives to the district and circuit courts of the
United States jurisdiction of civil suits brought by aliens where the
amount involved exceeds a certain sum. If such jealous solicitude be shown
for alien rights in cases of merely civil and pecuniary import, how much
greater should be the public duty to take cognizance of matters affecting
the lives and the rights of aliens tinder the settled principles of
international law no less than under treaty stipulation, in cases of such
transcendent wrong-doing as mob murder, especially when experience has
shown that local justice is too often helpless to punish the offenders.
After many years of endeavor on the part of this Government to that end the
Italian Government has consented to enter into negotiations for a
naturalization convention, having for one of its objects the regulation of
the status of Italians (except those of an age for active military service)
who, having been naturalized in the United States, may revisit Italy. It is
hoped that with the mutually conciliatory spirit displayed a successful
conclusion will be reached.
The treaty of commerce and navigation between the United States and Japan
on November 22, 1894, took effect in accordance with the terms of its XIXth
Article on the 17th of July last, simultaneously with the enforcement of
like treaties with the other powers, except France, whose convention did
not go into operation until August 4, the United States being, however,
granted up to that date all the privileges and rights accorded to French
citizens under the old French treaty. By this notable conventional reform
Japan's position as a fully independent sovereign power is assured, control
being gained of taxation, customs revenues, judicial administration,
coasting trade, and all other domestic functions of government, and foreign
extra-territorial rights being renounced.
Comprehensive codes of civil and criminal procedure according to western
methods, public instruction, patents and copyrights, municipal
administration, including jurisdiction over the former foreign settlements,
customs tariffs and procedure, public health, and other administrative
measures have been proclaimed. The working of the new system has given rise
to no material complaints on the part of the American citizens or
interests, a circumstance which attests the ripe consideration with which
the change has been prepared.
Valuable assistance was rendered by the Japanese authorities to the United
States transport ship Morgan City while stranded at Kobe. Permission has
been granted to land and pasture army horses at Japanese ports of call on
the way to the Philippine Islands. These kindly evidences of good will are
highly appreciated.
The Japanese Government has shown a lively interest in the proposition of
the Pacific Cable Company to add to its projected cable lines to Hawaii,
Guam, and the Philippines a branch connection with the coast of Japan. It
would be a gratifying consummation were the utility of the contemplated
scheme enhanced by bringing Japan and the United States into direct
telegraphic relation.
Without repeating the observations of my special message of February 10,
1899, concerning the necessity of a cable to Manila. I respectfully invite
attention to it.
I recommend that, in case the Congress should not take measures to bring
about this result by direct action of the Government, the Postmaster
General be authorized to invite competitive bids for the establishment of a
cable; the company making the best responsible bid to be awarded the
contract; the successful company to give ample bonds to insure the
completion of the work within a reasonable time.
The year has been marked by constant increase in the intimacy of our
relations with Mexico and in the magnitude of mutually advantageous
interchanges. This Government has omitted no opportunity to show its strong
desire to develop and perpetuate the ties of cordiality now so long happily
unbroken.
Following the termination on January 20, 1899, by Mexico of the convention
of extradition of December 11, 1861, a new treaty more in accordance with
the ascertained needs of both countries was signed February 22, 1899, and
exchanged in the City of Mexico on the 22d of April last. Its operation
thus far has been effective and satisfactory. A recent case has served to
test the application of its IVth Article, which provides that neither party
shall be bound to deliver up its own citizens, but that the executive
authority of each shall have the power to deliver them up if in its
discretion it be deemed proper to do so.
The extradition of Mrs. Mattie Rich, a citizen of the United States,
charged with homicide committed in Mexico, was after mature consideration
directed by me in the conviction that the ends of justice would be thereby
subserved. Similar action, on appropriate occasion, by the Mexican
Executive will not only tend to accomplish the desire of both Governments
that grave crimes go not unpunished, but also to repress lawlessness along
the border of the two countries. The new treaty stipulates that neither
Government shall assume jurisdiction in the punishment of crimes committed
exclusively within the territory of the other. This will obviate in future
the embarrassing controversies which have heretofore arisen through
Mexico's assertion of a claim to try and punish an American citizen for an
offense committed within the jurisdiction of the United States.
The International Water Boundary Commission, organized by the convention of
March 1, 1889, for the adjustment of questions affecting the Rio Grande
frontier, has not yet completed its labors. A further extension of its term
for one year, until December 24, 1899, was effected by a convention signed
December z, 1898, and exchanged and proclaimed in February last.
An invitation extended to the President of Mexico to visit Chicago in
October, on the occasion of laying the corner stone of the United States
Government building in that city, was cordially accepted by him, with the
necessary consent of the Mexican Congress, but the illness of a member of
his family prevented his attendance. The Minister of Foreign Relations,
however, came as the personal representative of President Diaz, and in that
high character was duly honored.
Claims growing out of the seizure of American sealing vessels in Bering Sea
have been under discussion with the Government of Russia for several years,
with the recent happy result of an agreement to submit them to the decision
of a single arbitrator. By this act Russia affords proof of her adherence
to the beneficent principle of arbitration which her plenipotentiaries
conspicuously favored at The Hague Disarmament Conference when it was
advocated by the representatives of the United States.
A suggestion for a permanent exposition of our products and manufactures in
Russia, although not yet fully shaped, has been so cordially welcomed by
the Imperial Government that it may not inaptly take a fitting place in
whatever legislation the Congress may adopt looking to enlargement of our
commercial opportunities abroad.
Important events have occurred in the Samoan Islands. The election,
according to the laws and customs of Samoa, of a successor to the late
King, Malietoa Laupepa, developed a contest as to the validity of the
result, which issue, by the terms of the General Act, was to be decided by
the Chief justice. Upon his rendering a judgment in favor of Malietoa Tanu,
the rival chief, Mataafa, took up arms. The active intervention of American
and British war ships became imperative to restore order, at the cost of
sanguinary encounters. In this emergency a joint commission of
representatives of the United States, Germany, and Great Britain was sent
to Samoa to investigate the situation and provide a temporary remedy. By
its active efforts a peaceful solution was reached for the time being, the
kingship being abolished and a provisional government established.
Recommendations unanimously made by the commission for a permanent
adjustment of the Samoan question were taken under consideration by the
three powers parties to the General Act. But the more they were examined
the more evident it became that a radical change was necessary in the
relations of the powers to Samoa.
The inconveniences and possible perils of the tripartite scheme of
supervision and control in the Samoan group by powers having little
interest in common in that quarter beyond commercial rivalry had been once
more emphasized by the recent events. The suggested remedy of the joint
Commission, like the scheme it aimed to replace amounted to what has been
styled a tridominium, being the exercise of the functions of sovereignty by
an unanimous agreement of three powers. The situation had become far more
intricate and embarrassing from every point of view than it was when my
predecessor, in 1894, summed up its perplexities and condemned the
participation in it of the United States.
The arrangement under which Samoa was administered had proved impracticable
and unacceptable to all the powers concerned. To withdraw from the
agreement and abandon the islands to Germany and Great Britain would not be
compatible with our interests in the archipelago. To relinquish our rights
in the harbor of Pago Pago, the best anchorage in the Pacific, the
occupancy of which had been leased to the United States in 1878 by the
first foreign treaty ever concluded by Samoa, was not to be thought of
either as regards the needs of our Navy or the interests of our growing
commerce with the East. We could not have considered any proposition for
the abrogation of the tripartite control which did not confirm us in all
our rights and safeguard all our national interests in the islands.
Our views commended themselves to the other powers. A satisfactory
arrangement was concluded between the Governments of Germany and of
England, by virtue of which England retired from Samoa in view of
compensations in other directions, and both powers renounced in favor of
the United States all their rights and claims over and in respect to that
portion of the group lying to the east of the one hundred and seventy-first
degree of west longitude, embracing the islands of Tutuila, Ofoo, Olosenga,
and Manua. I transmit to the Senate, for its constitutional action thereon,
a convention, which besides the provisions above mentioned also guarantees
us the same privileges and conditions in respect to commerce and commercial
vessels in all of the islands of Samoa as those possessed by Germany.
Claims have been preferred by white residents of Samoa on account of
injuries alleged to have been suffered through the acts of the treaty
Governments in putting down the late disturbances. A convention has been
made between the three powers for the investigation and settlement of these
claims by a neutral arbitrator, to which the attention of the Senate will
be invited.
My annual message of last year was necessarily devoted, in great part to a
consideration of the Spanish War and of the results it wrought and the
conditions it imposed for the future. I am gratified to announce that the
treaty of peace has restored friendly relations between the two powers.
Effect has been given to its most important provisions. The evacuation of
Puerto Rico having already been accomplished on the XIVth of October, 1898,
nothing remained necessary there but to continue the provisional military
control of the island until the Congress should enact a suitable government
for the ceded territory. Of the character and scope of the measures to that
end I shall treat in another part of this message.
The withdrawal of the authority of Spain from the island of Cuba was
effected by the 1st of January, so that the full re-establishment of peace
found the relinquished territory held by us in trust for the inhabitants,
maintaining, under the direction of the Executive, such government and
control therein as should conserve public order, restore the productive
conditions of peace so long disturbed by the instability and disorder which
prevailed for the greater part of the preceding three decades, and build up
that tranquil development of the domestic state whereby alone can be
realized the high purpose, as proclaimed in the joint resolution adopted by
the Congress on the 19th of April, 1898, by which the United States
disclaimed any disposition or intention to exercise sovereignty,
jurisdiction, or control over Cuba, except for the pacification thereof,
and asserted its determination when that was accomplished to leave the
government and control of the island to its people. The pledge contained in
this resolution is of the highest honorable obligation and must be sacredly
kept.
I believe that substantial progress has been made in this direction. All
the administrative measures adopted in Cuba have aimed to fit it for a
regenerated existence by enforcing the supremacy of law and justice; by
placing wherever practicable the machinery of administration in the hands
of the inhabitants; by instituting needed sanitary reforms; by spreading
education; by fostering industry and trade; by inculcating public morality,
and, in short, by taking every rational step to aid the Cuban people to
attain to that plane of self-conscious respect and self-reliant unity which
fits an enlightened community for self-government within its own sphere,
while enabling it to fulfill all outward obligation.
This nation has assumed before the world a grave responsibility for the
future good government of Cuba. We have accepted a trust the fulfillment of
which calls for the sternest integrity of purpose and the exercise of the
highest wisdom. The new Cuba yet to arise from the ashes of the past must
needs be bound to us by ties of singular intimacy and strength if its
enduring welfare is to be assured. Whether those ties shall be organic or
conventional, the destinies of Cuba are in some rightful form and manner
irrevocably linked with our own, but how and how far is for the future to
determine in the ripeness of events. Whatever be the outcome, we must see
to it that free Cuba be a reality, not a name, a perfect entity, not a
hasty experiment bearing within itself the elements of failure. Our
mission, to accomplish which we took up the wager of battle, is not to be
fulfilled by turning adrift any loosely framed commonwealth to face the
vicissitudes which too often attend weaker States whose natural wealth and
abundant resources are offset by the incongruities of their political
organization and the recurring occasions for internal rivalries to sap
their strength and dissipate their energies. The greatest blessing which
can come to Cuba is the restoration of her agricultural and industrial
prosperity, which will give employment to idle men and re-establish the
pursuits of peace. This is her chief and immediate need.
On the 19th of August last an order was made for the taking of the census
in the island, to be completed on the 30th of November. By the treaty of
peace the Spanish people on the island have until April 11, 1900, to elect
whether they will remain citizens of Spain or become citizens of Cuba.
Until then it cannot be definitely ascertained who shall be entitled to
participate in the formation of the government of Cuba. By that time the
results of the census will have been tabulated and we shall proceed to
provide for elections which will commit the municipal governments of the
island to the officers elected by the people. The experience thus acquired
will prove of great value in the formation of a representative convention
of the people to draft a constitution and establish a general system of
independent government for the island. In the meantime and so long as we
exercise control over the island the products of Cuba should have a market
in the United States on as good terms and with as favorable rates of duty
as are given to the West India Islands under treaties of reciprocity which
shall be made.
For the relief of the distressed in the island of Cuba the War Department
has issued supplies to destitute persons through the officers of the Army,
which have amounted to 5,493,000 rations, at a cost Of $1,417,554.07.
To promote the disarmament of the Cuban volunteer army, and in the interest
of public peace and the welfare of the people, the sum Of $75 was paid to
each Cuban soldier borne upon the authenticated rolls, on condition that he
should deposit his arms with the authorities designated by the United
States. The sum thus disbursed aggregated $2,547,750, which was paid from
the emergency fund provided by the act of January 5, 1899, for that
purpose.
Out of the Cuban island revenues during the six months ending June 30,
1899, $1,712,014.20 was expended for sanitation, $293,881.70 for charities
and hospitals, and $88,944.03 for aid to the destitute.
Following the exchange of ratifications of the treaty of peace the two
Governments accredited ministers to each other, Spain sending to Washington
the Duke of Arcos, an eminent diplomatist, previously stationed in Mexico,
while the United States transferred to Madrid Hon. Bellamy Storer, its
minister at Brussels. This was followed by the respective appointment of
consuls, thereby fully resuming the relations interrupted by the war. In
addition to its consular representation in the United States, the Spanish
Government has appointed consuls for Cuba, who have been provisionally
recognized during the military administration of the affairs of that
island.
Judicial intercourse between the courts of Cuba and Puerto Rico and of
Spain has been established, as provided by the treaty of peace. The Cuban
political prisoners in Spanish penal stations have been and are being
released and returned to their homes, in accordance with Article VI of the
treaty. Negotiations are about to be had for defining the conventional
relations between the two countries, which fell into abeyance by reason of
the war. I trust that these will include a favorable arrangement for
commercial reciprocity under the terms of sections 3 and 4 of the current
tariff act. In these, as in all matters of international concern, no effort
will be spared to respond to the good disposition of Spain, and to
cultivate in all practicable ways the intimacy which should prevail between
two nations whose past history has so often and in so many ways been marked
by sincere friendship and by community of interests.
I would recommend appropriate legislation in order to carry into execution
Article VII of the Treaty of Peace with Spain, by which the United States
assured the payment of certain claims for indemnity of its citizens against
Spain.
The United States minister to Turkey continues, under instructions, to
press for a money payment in satisfaction of the just claims for injuries
suffered by American citizens in the disorders of several years past and
for wrongs done to them by the Ottoman authorities. Some of these claims
are of many years' standing. This Government is hopeful of a general
agreement in this regard.
In the Turkish Empire the situation of our citizens remains unsatisfactory.
Our efforts during nearly forty years to bring about a convention of
naturalization seem to be on the brink of final failure through the
announced policy of the Ottoman Porte to refuse recognition of the alien
status of native Turkish subjects naturalized abroad since 1867. Our
statutes do not allow this Government to admit any distinction between the
treatment of native and naturalized Americans abroad, so that ceaseless
controversy arises in cases where persons owing in the eye of international
law a dual allegiance are prevented from entering Turkey or are expelled
after entrance. Our law in this regard contrasts with that of the European
States. The British act, for instance, does not claim effect for the
naturalization of an alien in the event of his return to his native
country, unless the change be recognized by the law of that country or
stipulated by treaty between it and the naturalizing State.
The arbitrary treatment, in some instances, of American productions in
Turkey has attracted attention of late, notably in regard to our flour.
Large shipments by the recently opened direct steamship line to Turkish
ports have been denied entrance on the score that, although of standard
composition and unquestioned purity, the flour was pernicious to health
because of deficient "elasticity" as indicated by antiquated and
untrustworthy tests. Upon due protest by the American minister, and it
appearing that the act was a virtual discrimination against our product,
the shipments in question were admitted. In these, as in all instances,
wherever occurring, when American products may be subjected in a foreign
country, upon specious pretexts, to discrimination compared with the like
products of another country, this Government will use its earnest efforts
to secure fair and equal treatment for its citizens and their goods.
Failing this, it will not hesitate to apply whatever corrective may be
provided by the statutes.
The International Commission of Arbitration, appointed under the
Anglo-Venezuelan treaty of 1897, rendered an award on October 3 last,
whereby the boundary line between Venezuela and British Guiana is
determined, thus ending a controversy which has existed for the greater
part of the century. The award, as to which the arbitrators were unanimous,
while not meeting the extreme contention of either party, gives to Great
Britain a large share of the interior territory in dispute and to Venezuela
the entire mouth of the Orinoco, including Barima Point and the Caribbean
littoral for some distance to the eastward. The decision appears to be
equally satisfactory to both parties.
Venezuela has once more undergone a revolution. The insurgents, under
General Castro, after a sanguinary engagement in which they suffered much
loss, rallied in the mountainous interior and advanced toward the capital.
The bulk of the army having sided with the movement, President Andrade
quitted Caracas, where General Castro set up a provisional government with
which our minister and the representatives of other powers entered into
diplomatic relations on the 20th of November, 1899.