The recurrence of these distressing manifestations of blind mob fury

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.

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