"elementary branches of an English education," while section 17 of the
act, after continuing this section of the treaty in force, provides a
fund which is to be applied "for the promotion of industrial and other
suitable education among said Indians." Again, section 7 of the treaty
provides for the erection of a schoolhouse for every thirty children who
can be induced to attend, while section 20 of the act requires the
erection of not less than thirty schoolhouses, and more if found
necessary.
The commissioners were asked by the Indians whether the cost of the
English schools provided for in section 7 of the treaty and of the
schoolhouses provided for in the same section and in section 20 of the
act would be a charge against the proceeds of the lands they were now
asked to cede to the United States. This question was answered in the
negative, and I think the answer was correct. If the act, without
reference to section 7 of the treaty, is to be construed to express
the whole duty of the Government toward the Indians in the matter of
schools, the extension for twenty years of the provisions of that
section is without meaning.
The assurance given by the commissioners that the money appropriated by
section 27 of the act to pay certain bands for the ponies taken by the
military authorities in 1876 would not be a charge against the proceeds
of the ceded lands was obviously a correct interpretation of the law.
The Indians were further assured by the commissioners that the amount
appropriated for the expenses of the commission could not under the law
be made a charge upon the proceeds of their lands. This, I think, is a
correct exposition of the act.
It seems from the report of the commission that some of the Indians at
the Standing Rock Agency asked whether if they accepted the act they
could have the election to take their allotments under section 6 of the
treaty of 1868 and have the benefits of sections 8 and 10 of that
treaty, and were told that they could.
As the treaty is continued in force except where it contravenes the
provisions of the act, I do not see any difficulty in admitting this
interpretation.
It will be found that the commission has submitted many recommendations,
some of them involving legislation and others appealing to powers
already possessed by the executive department. The consent of the
Indians to the act was not made dependent upon the adoption of any of
these recommendations, but many of them are obviously just and promotive
of the true interests of the Indians. So far as these require
legislation they are earnestly commended to the attention of Congress.
The Secretary of the Interior has prepared and submits with his letter
transmitting the report of the commission the draft of a bill embodying
those recommendations of the commission requiring legislation.
The appropriations necessary to carry into effect the provisions of the
act should be promptly made and be immediately available.
BENJ. HARRISON.
EXECUTIVE MANSION, _Washington, February 12, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a report from the Secretary of State, respecting the
International Marine Conference which was held in the city of Washington
in the year 1889, together with a copy of the proceedings of the
conference, including the final act.
BENJ. HARRISON.
EXECUTIVE MANSION, _February 17, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a communication of the 11th instant from the
Secretary of the Interior, submitting a copy of a report from the
Commissioner of Indian Affairs and accompanying draft of a bill to amend
the first section of an act entitled "An act to provide for the
allotment of lands in severalty to Indians on the various reservations,
and to extend the protection of the laws of the United States and the
Territories over the Indians, and for other purposes," approved February
8, 1887.
The matter is presented for the consideration and action of Congress.
BENJ. HARRISON.
EXECUTIVE MANSION, _February 18, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a communication of the 8th instant from the
Secretary of the Interior, submitting a report of the Commissioner of
Indian Affairs and accompanying agreement, made with the Sisseton and
Wahpeton bands of Dakota or Sioux Indians, for the purchase and release
of the surplus lands in the Lake Traverse Indian Reservation, in the
States of North and South Dakota, the negotiations for said purchase and
release having been conducted under the authority contained in the fifth
section of the general allotment act of February 8, 1887 (24 U.S.
Statutes at Large, p. 388), which provides, among other things, that the
"purchase shall not be complete until ratified by Congress, and the form
and manner of executing such release shall also be prescribed by
Congress."
This agreement involves a departure from the terms of the general
allotment act in at least one important particular. It gives to each
member of the tribe 160 acres of land without regard to age or sex,
while the general law gives this allotment only to heads of families.
There are, I think, serious objections to the basis adopted in the
general law, especially in its application to married women; but if the
basis of the agreement herewith submitted is accepted, it would, I
think, result in some cases, where there are large families of minor
children, in excessive allotments to a single family. Whatever is done
in this case will of course become in some sense a precedent in the
cases yet to be dealt with.
Perhaps the question of the payment by the United States of the
annuities which were forfeited by the act of February 16, 1863
(12 U.S. Statutes at Large, p. 652), should not have been considered in
connection with this negotiation for the cession of these lands. But it
appears that a refusal to consider this claim would have terminated the
negotiation, and if the claim is just its allowance has already been
too long delayed. The forfeiture declared by the act of 1863 unjustly
included the annuities of certain Indians of these bands who were not
only guilty of no fault, but who rendered meritorious services in the
armies of the United States in the suppression of the Sioux outbreak
and in the War of the Rebellion.
The agreement submitted, as I understand, provides for the payment of
the annuities justly due to these friendly Indians to all the members
of the two bands per capita. This is said to be the unanimous wish of
the Indians, and a distribution to the friendly Indians and their
descendants only would now be very difficult, if not impossible.
The agreement is respectfully submitted for the consideration of
Congress.
BENJ. HARRISON.
EXECUTIVE MANSION, _February 24, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a communication of 18th instant from the Secretary
of the Interior, submitting copy of a report from the Commissioner of
Indian Affairs, inclosing, with accompanying papers, a draft of a bill
authorizing the removal of the Indians of the Papago or Gila Bend
Reservation, in Maricopa County, Arizona Territory, to the Papago Indian
Reservation, in Pima County, in said Territory, or to the Pima and
Maricopa Indian reservations, commonly known as the Gila River and Salt
River Indian reservations, respectively, in said Territory, and for
other purposes.
The matter is presented for the early consideration and action of
Congress.
BENJ. HARRISON.
EXECUTIVE MANSION, _February 24, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a communication of the 18th instant from the
Secretary of the Interior, submitting a copy of a report of the
Commissioner of Indian Affairs and accompanying item for insertion in
the bill making appropriations for the current and contingent expenses
of the Indian Department, which makes provision for further compensation
of Henry B. Carrington, special agent appointed under the act of March
2, 1889, "to provide for the sale of lands patented to certain members
of the Flathead band of Indians in Montana Territory, and for other
purposes," to secure the consent of the Indians thereto and appraise
the lands and improvements thereof; for an appropriation to remove the
Indians whose lands have been sold to the Jocko Reservation, and for
additional legislation considered necessary to complete this matter,
as suggested by the Commissioner of Indian Affairs.
I also transmit a copy of the report of Special Agent Carrington and its
inclosures.
The matter is presented for the early consideration of Congress.
BENJ. HARRISON.
EXECUTIVE MANSION, _March 4, 1890_.
_To the Senate and House of Representatives_:
In pursuance of the authority and direction contained in the act of
Congress approved January 14, 1889, entitled "An act for the relief and
civilization of the Chippewa Indians in the State of Minnesota," three
commissioners were appointed by the President on February 26, 1889, as
therein authorized and directed, namely, Henry M. Rice, of Minnesota,
Martin Marty, of Dakota, and Joseph B. Whiting, of Wisconsin, to
negotiate with said Indians.
The commissioners have submitted their final report, with accompanying
papers, showing the results of the negotiations conducted by them, and
the same has been carefully reviewed by the Secretary of the Interior in
his report to me thereon.
Being satisfied from an examination of the papers submitted that the
cession and relinquishment by said Chippewa Indians of their title and
interest in the lands specified and described in the agreement with the
different bands or tribes of Chippewa Indians in the State of Minnesota
was obtained in the manner prescribed in the first section of said act,
and that more than the requisite number have signed said agreement, I
have, as provided by said act, approved the said instruments in writing
constituting the agreement entered into by the commissioners with said
Indians.
The commissioners did not escape the embarrassment which unfortunately
too often attends our negotiations with the Indians, namely, an
indisposition to treat with the Government for further concessions while
its obligations incurred under former agreements are unkept. I am sure
it will be the disposition of Congress to consider promptly and in a
just and friendly spirit the claims presented by these Indians through
our commissioners, which have been formulated in the draft of a bill
prepared by the Secretary of the Interior and submitted herewith.
The act of January 14, 1889 (25 U.S. Statutes at Large, p. 642),
evidently contemplated the voluntary removal of the body of all these
bands of Indians to the White Earth and Red Lake reservations; but a
proviso in section 3 of the act authorized any Indian to take his
allotment upon the reservation where he now resides. The commissioners
report that quite a general desire was expressed by the Indians to avail
themselves of this option. The result of this is that the ceded land can
not be ascertained and brought to sale under the act until all of the
allotments are made.
I recommend that the necessary appropriations to complete the surveys
and allotments be made at once available, so that the work may be begun
and completed at the earliest possible day.
A copy of the report made by the commissioners, with copies of all the
papers submitted therewith, except the census rolls, is herewith
presented for the information of the Congress.
BENJ. HARRISON.
EXECUTIVE MANSION, _March 24, 1890_.
_To the House of Representatives_:
In answer to the resolution of the House of Representatives of the 8th
instant, in relation to the employment by the Regular Army of the United
States of Indian scouts for the purpose of pursuing hostile Indians in
their raids in the territory of the United States and Mexico, and in
regard to the proposed transfer of the Apache Chiricahua Indians from
Mount Vernon Barracks, Ala., to Fort Sill, Ind. T., I transmit herewith
a communication from the Secretary of State on the subject, together
with the accompanying papers.
BENJ. HARRISON.
EXECUTIVE MANSION, _March 29, 1890_.
_To the Senate of the United States_:
In compliance with the resolution of the Senate of the 28th instant,
the House of Representatives concurring, I return herewith the bill
(S. 1332) entitled "An act granting to the city of Colorado Springs,
in the State of Colorado, certain lands therein described for water
reservoirs."
BENJ. HARRISON.
EXECUTIVE MANSION, _Washington, March 31, 1890_.
_To the Senate and House of Representatives_:
I herewith transmit a report from the Secretary of State, in relation
to the discriminating duty now imposed upon foreign works of art,
and recommend that action thereon looking to the removal of the
discrimination be taken by Congress during its present session, if
practicable.
BENJ. HARRISON.
EXECUTIVE MANSION, _Washington, April 15, 1890_.
_To the House of Representatives_:
I herewith transmit, in reply to the resolution of the House of
Representatives of the 3d instant, a report from the Secretary of State,
accompanied by certain correspondence in regard to the seizure of the
schooner _Rebecca_ by the Mexican customs authorities at Tampico in
February, 1884.
BENJ. HARRISON.
EXECUTIVE MANSION, _Washington, April 18, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith the fifth annual report of the Commissioner of Labor.
BENJ. HARRISON.
EXECUTIVE MANSION, _April 18, 1890_.
_To the House of Representatives_:
In compliance with the resolution of the House of Representatives, the
Senate concurring, I return herewith House bill No. 5179, entitled "An
act fixing the rate of interest to be charged on arrearages of general
and special taxes now due the District of Columbia if paid within a
specified time."
BENJ. HARRISON.
EXECUTIVE MANSION, _April 21, 1890_.
_To the Senate and House of Representatives_:
In compliance with a resolution of the House of Representatives, the
Senate concurring, I return herewith House bill No. 105, entitled
"An act in relation to immediate transportation of dutiable goods,
amendatory of the act of July 10, 1880."
BENJ. HARRISON.
EXECUTIVE MANSION, _Washington, April 21, 1890_.
_To the Senate of the United States_:
In answer to the resolution of the Senate dated March 25 last, in
relation to La Abra Silver Mining Company and the distribution or
payment of moneys to that corporation on account of the award in its
favor by the Mexican Government, I transmit herewith a report from the
Secretary of State upon the subject, together with the accompanying
papers.
BENJ. HARRISON.
EXECUTIVE MANSION, _April 30, 1890_.
_To the Senate of the United States_:
In compliance with a resolution of the Senate, the House of
Representatives concurring, I return herewith Senate bill 895, entitled
"An act to organize the Territory of Oklahoma, to establish courts in
the Indian Territory, and for other purposes."
BENJ. HARRISON.
EXECUTIVE MANSION, _May 8, 1890_.
_To the House of Representatives_:
In answer to the resolution of the House of Representatives of March 31,
1890, respecting the importation into foreign countries of breadstuffs
and provisions from the United States and the rates of duty imposed upon
such articles, I transmit herewith a report from the Secretary of State
on the subject, together with the accompanying papers.
BENJ. HARRISON.
EXECUTIVE MANSION, _May 13, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a communication of the 10th instant from the
Secretary of the Interior, and the accompanying copies of
correspondence, relative to the condition of the Northern Cheyenne
Indians at the Pine Ridge Agency, S. Dak.
The desire of these Indians to be united upon some common reservation
with their brethren now occupying the Tongue River Reserve, in Montana,
is quite natural, and such an arrangement would, I think, promote the
best interests of both of these bands.
BENJ. HARRISON.
EXECUTIVE MANSION, _May 17, 1890_.
_To the Senate of the United States_:
In compliance with a resolution of the Senate of this date, I return
herewith the bill (S. 903) entitled "An act for the erection of a public
building in Cedar Rapids, Iowa."
BENJ. HARRISON.
EXECUTIVE MANSION, _May 19, 1890_.
_To the Senate and House of Representatives_:
I inclose herewith a draft of a bill submitted by the Secretary of the
Interior, providing for the survey and disposal of a tract of land
situated in the city of Monterey, Cal., known as the "Cuartel" lot.
The lot referred to is one of the tracts excluded from the survey of the
Pueblo lands of Monterey, Cal., by the decision of Acting Secretary of
the Interior Muldrow of October 4, 1887 (6 Land Decisions, p. 179), on
the ground that it was in a state of reservation for national purposes.
A communication from the Secretary of War to the Secretary of the
Interior, copy herewith, states that this lot has been occupied at
intervals by the War Department for military purposes, but as it is not
within the limits of any declared military reservation the act of July
5, 1884 (23 U.S. Statutes at Large, p. 103), providing for a transfer
to the Interior Department of abandoned military reservations, does not
apply.
The lot is no longer required for military purposes, and a willingness
is expressed by the War Department that the Department of the Interior
should assume control of it. A copy of the tracing, with notes, is
inclosed, showing an approximate survey and describing the situation
of the lot.
I also inclose a copy of a report of the Commissioner of the General
Land Office to the Secretary of the Interior, setting forth that under
the decision of Mr. Muldrow the tract of land known as the "Cuartel"
lot belongs to the United States by conquest and by treaty, and is in a
state of reservation for national purposes, and respectfully submitting
that Congress may continue its status as fixed by said decision or enact
appropriate laws providing for its disposition as public land.
BENJ. HARRISON.
EXECUTIVE MANSION, _May 19, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a report of the International American Conference,
recently in session at this capital, recommending the survey of a route
for an intercontinental line of railroad to connect the systems of North
America with those of the southern continent, and to be conducted under
the direction of a board of commissioners representing the several
American Republics.
Public attention has chiefly been attracted to the subject of improved
water communication between the ports of the United States and those of
Central and South America. The creation of new and improved steamship
lines undoubtedly furnishes the readiest means of developing an
increased trade with the Latin-American nations. But it should not be
forgotten that it is possible to travel by land from Washington to the
southernmost capital of South America, and that the opening of railroad
communication with these friendly States will give to them and to us
facilities for intercourse and the exchanges of trade that are of
special value.
The work contemplated is vast, but entirely practicable. It will be
interesting to all, and perhaps surprising to most of us, to notice how
much has already been done in the way of railroad construction in Mexico
and South America that can be utilized as part of an intercontinental
line.
I do not hesitate to recommend that Congress make the very moderate
appropriation for surveys suggested by the conference and authorize the
appointment of commissioners and the detail of engineer officers to
direct and conduct the necessary preliminary surveys.
BENJ. HARRISON.
EXECUTIVE MANSION, _May 21, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a communication of the 20th instant from the
Secretary of the Interior and accompanying correspondence in the matter
of the request of the Seminole Nation of Indians for negotiations with
the Creek Nation of Indians for the purchase of an additional quantity
of land, being about 25,000 acres, for the use of the Seminoles. The
request is based upon the fact that former purchases do not embrace all
of the lands upon which the Seminole Indians have made improvements, and
which by the corrected survey were given to the Creeks. The money to be
paid for these lands is to be reimbursed to the Government by the
Seminoles.
BENJ. HARRISON.
EXECUTIVE MANSION, _May 26, 1890_.
_To the House of Representatives_:
In compliance with the resolutions of the House of Representatives of
the 23d instant, the Senate concurring, I return herewith the bills
H.R. Nos. 380 and 2007, entitled, respectively, "An act to amend an act
entitled 'An act to authorize the Cairo and Tennessee River Railroad
Company to construct bridges across the Tennessee and Cumberland
rivers,' approved January 8, 1889," and "An act granting a pension to
the widow of Adam Shrake."
BENJ. HARRISON.
EXECUTIVE MANSION, _May 27, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a letter from the Secretary of State, inclosing
a report adopted by the International American Conference, recently
in session at this capital, recommending the establishment of an
international American bank, with its principal offices in the city of
New York and branches in the commercial centers of the several other
American Republics.
The advantages of such an institution to the merchants of the United
States engaged in trade with Central and South America and the purposes
intended to be accomplished are fully set forth in the letter of the
Secretary of State and the accompanying report. It is not proposed to
involve the United States in any financial responsibility, but only to
give to the proposed bank a corporate franchise, and to promote public
confidence by requiring that its condition and transactions shall be
submitted to a scrutiny similar to that which is now exercised over our
domestic banking system.
The subject is submitted for the consideration of Congress in the belief
that it will be found possible to promote the end desired by legislation
so guarded as to avoid all just criticism.
BENJ. HARRISON.
EXECUTIVE MANSION, _May 28, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a communication of the 26th instant from the
Secretary of the Interior, and accompanying item of appropriation, to
enable the President to continue the negotiations authorized by sections
14 and 15 of the Indian appropriation act approved March 2, 1889, with
the Cherokee Indians and with all other Indians owning or claiming lands
west of the ninety-sixth degree of longitude in the Indian Territory,
for the cession to the United States of all their title, claim, or
interest of every kind or character in and to said lands, etc.
The matter is presented for the favorable action of Congress.
BENJ. HARRISON.
EXECUTIVE MANSION, _June 2, 1890_.
_To the House of Representatives_:
In compliance with a resolution of the House of Representatives of the
29th ultimo, the Senate concurring, I return herewith the bill (H.R.
7345) entitled "An act authorizing and directing the Secretary of War
to establish new harbor lines in Portage Lake, Houghton County, Mich."
BENJ. HARRISON.
EXECUTIVE MANSION, _June 2, 1890_.
_To the Senate and House of Representatives_:
The International American Conference, recently in session at this
capital, recommended for adoption by the several American Republics--
1. A uniform system of customs regulations for the classification and
valuation of imported merchandise;
2. A uniform nomenclature for the description of articles of merchandise
imported and exported; and
3. The establishment at Washington of an international bureau of
information.
The conference also at its final session decided to establish
in the city of Washington, as a fitting memorial of its meeting, a
Latin-American library, to be formed by contributions from the several
nations, of historical, geographical, and literary works, maps,
manuscripts, and official documents relating to the history and
civilization of America, and expressed a desire that the Government of
the United States should provide a suitable building for the shelter
of such a library, to be solemnly dedicated upon the four hundredth
anniversary of the discovery of America.
The importance of these suggestions is fully set forth in the letter
of the Secretary of State and the accompanying documents, herewith
transmitted, to which I invite your attention.
BENJ. HARRISON.
EXECUTIVE MANSION, _June 6, 1890_.
_To the Senate of the United States_:
In response to the resolution of the Senate of the 26th of May,
requesting me to "communicate to the Senate such information as may
be in possession of the executive department relating to the alleged
landing of an armed force from the United States revenue cutter _McLane_
at Cedar Keys, Fla., and the alleged entry of houses of citizens by
force, and their alleged pursuit of citizens of the United States in
the surrounding country, and the authority under which the commanding
officer of the cutter acted in any such matter," I submit for the
information of the Senate the accompanying correspondence, which
contains all the information possessed by the executive department
relating to the matters inquired about.
It will be observed that the United States collector of customs at
Cedar Keys had been driven from his office and from the town and the
administration of the customs laws of the United States at that port
suspended by the violent demonstrations and threats of one Cottrell, the
mayor of the place, assisted by his town marshal, Mitchell. If it had
been necessary, as I do not think it can be in any case, for a United
States officer to appeal to the local authorities for immunity from
violence in the exercise of his duties, the situation at Cedar Keys did
not suggest or encourage such an appeal, for those to whom the appeal
would have been addressed were themselves the lawless instruments of
the threatened violence. It will always be agreeable to me if the local
authorities, acting upon their own sense of duty, maintain the public
order in such a way that the officers of the United States shall have
no occasion to appeal for the intervention of the General Government;
but when this is not done I shall deem it my duty to use the adequate
powers vested in the Executive to make it safe and feasible to hold and
exercise the offices established by the Federal Constitution and laws.
The means used in this case were, in my opinion, lawful and necessary,
and the officers do not seem to have intruded upon any private right in
executing the warrants placed in their hands. The letter dated August 4
last, which appears in the correspondence submitted, appealing to me
to intervene for the protection of the citizens of Cedar Keys from the
brutal violence of Cottrell, it will be noticed, was written before the
appointment of the new collector. That the officers of the law should
not have the full sympathy of every good citizen in their efforts to
bring these men to merited punishment is matter of surprise and regret.
It is a very grim commentary upon the condition of social order at Cedar
Keys that only a woman, who had, as she says in her letter, no son or
husband who could be made the victim of his malice, had the courage to
file charges against this man, who was then holding a subordinate place
in the customs service.
BENJ. HARRISON.
EXECUTIVE MANSION, _June 6, 1890_.
_To the Senate of the United States_:
In compliance with a resolution of the Senate of the 5th instant,
the House of Representatives concurring, I return herewith the bill
(S. 1293) entitled "An act for the relief of Charles F. Bowers."
BENJ. HARRISON.
EXECUTIVE MANSION, _June 16, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith, for the information of Congress with a view to
securing such legislation as may be appropriate, a communication from
the Secretary of the Interior, relating to the destruction by fires,
carelessly kindled or left, of the timber upon the public lands.
If proper penalties were imposed by law and a few convictions thereunder
secured, I do not doubt that much waste of our forests would be
prevented.
BENJ. HARRISON.
EXECUTIVE MANSION, _June 18, 1890_.
_To the Senate of the United States_:
In response to the resolution of the Senate of the 16th instant,
relating to the negotiations by the Cherokee Commission for the purchase
of certain lands in the Indian Territory, I respectfully state that on
the 20th day of May and the 12th day of June, respectively, agreements
were Signed by the Iowa and the Sac and Fox tribes ceding to the United
States certain of their lands. The contracts and accompanying papers
were received at the Interior Department on the 2d and 17th days of
June, respectively, and are now under examination by the proper officers
of that Department. When these examinations are concluded, the papers
will, if found to be complete and conformable to law, be submitted to
Congress.
BENJ. HARRISON.
EXECUTIVE MANSION, _June 19, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith, for your information, a letter from the Secretary
of State, inclosing a report of the International American Conference,
which recommends that reciprocal commercial treaties be entered into
between the United States and the several other Republics of this
hemisphere.
It has been so often and so persistently stated that our tariff laws
offered an insurmountable barrier to a large exchange of products
with the Latin-American nations that I deem it proper to call especial
attention to the fact that more than 87 per cent of the products of
those nations sent to our ports are now admitted free. If sugar is
placed upon the free list, practically every important article exported
from those States will be given untaxed access to our markets, except
wool. The real difficulty in the way of negotiating profitable
reciprocity treaties is that we have given freely so much that would
have had value in the mutual concessions which such treaties imply.
I can not doubt, however, that the present advantages which the products
of these near and friendly States enjoy in our markets, though they are
not by law exclusive, will, with other considerations, favorably dispose
them to adopt such measures, by treaty or otherwise, as will tend to
equalize and greatly enlarge our mutual exchanges.
It will certainly be time enough for us to consider whether we must
cheapen the cost of production by cheapening labor in order to gain
access to the South American markets when we have fairly tried the
effect of established and reliable steam communication and of convenient
methods of money exchanges. There can be no doubt, I think, that with
these facilities well established and with a rebate of duties upon
imported raw materials used in the manufacture of goods for export our
merchants will be able to compete in the ports of the Latin-American
nations with those of any other country.
If after the Congress shall have acted upon pending tariff legislation
it shall appear that under the general treaty-making power, or under any
special powers given by law, our trade with the States represented in
the conference can be enlarged upon a basis of mutual advantage, it will
be promptly done.
BENJ. HARRISON.
EXECUTIVE MANSION, _June 24, 1890_.
_To the House of Representatives_:
In compliance with a resolution of the House of Representatives of
the 23d instant, the Senate concurring, I return herewith the bill
(H.R. 5702) "granting a pension to Ann Bryan."
BENJ. HARRISON.
EXECUTIVE MANSION, _June 25, 1890_.
_To the Senate of the United States_:
In compliance with a resolution of the Senate of the 23d instant, the
House of Representatives concurring, I return herewith the bill (S. 145)
"for the relief of the legal representatives of Henry S. French."
BENJ. HARRISON.
EXECUTIVE MANSION, _July 1, 1890_.
_To the Senate and House of Representatives_:
In my annual message I called attention to the urgent need of
legislation for the adjustment of the claims under Mexican grants to
lands in Arizona and New Mexico.
I now submit a correspondence which has passed between the Department
of State and the Mexican Government concerning the rights of certain
Mexican citizens to have their claims to lands ceded to the United
States by the treaty adjusted and confirmed. I also submit a letter from
the Secretary of the Interior, with accompanying papers, showing the
number and extent of these claims and their present condition.
The United States owes a duty to Mexico to confirm to her citizens those
valid grants that were saved by the treaty, and the long delay which has
attended the discharge of this duty has given just cause of complaint.
The entire community where these large claims exist, and, indeed,
all of our people, are interested in an early and final settlement of
them. No greater incubus can rest upon the energies of a people in the
development of a new country than that resulting from unsettled land
titles.
The necessity for legislation is so evident and so urgent that I venture
to express the hope that relief will be given at the present session of
Congress.
BENJ. HARRISON.
EXECUTIVE MANSION, _July 2, 1890_.
_To the Senate and House of Representatives_:
In compliance with the provisions of section 14 of the act of March 2,
1889, I transmit herewith, for the consideration of Congress, an
agreement concluded between the commissioners appointed under that
section on behalf of the United States, commonly known as the Cherokee
Commission, and the Sac and Fox Nation of Indians in the Indian
Territory on the 12th day of June last.
The Sac and Fox Nation have a national council, and the negotiation was
conducted with that body, which undoubtedly had competent authority to
contract on behalf of the tribe for the sale of these lands. The letter
of the Secretary of the Interior and the accompanying papers, which are
submitted herewith, furnish all the information necessary to the
consideration of the questions to be determined by Congress.
The only serious question presented is as to that article of the
agreement which limits the distribution of the funds to be paid by the
United States under it to the Sac and Fox Indians now in the Indian
Territory. I very gravely doubt whether the remnant or band of this
tribe now living in Iowa has any interest in these lands in the Indian
Territory. The reservation there was apparently given in consideration
of improvements upon the lands of the tribe in Kansas. The band now
resident in Iowa upon lands purchased by their own means, as I am
advised, left the Kansas reservation many years before the date of this
treaty, and it would seem could have had no equitable interest in the
improvements on the Kansas lands, which must have been the result of the
labors of that portion of the tribe living upon them. The right of the
Iowa band to a participation in the proceeds of the sale of the Kansas
reservation was explicitly reserved in the treaty; but it seems to me
upon a somewhat hasty examination of the treaty that the reservation
in the Indian Territory was intended only for the benefit of those who
should go there to reside. The Secretary of the Interior has expressed a
somewhat different view of the effect of this treaty; but if the facts
are, as I understand, that the Iowa band did not contribute to the
improvements which were the consideration for the reservation and did
not accept the invitation to settle upon the reservation lands in the
Indian Territory, I do not well see how they have either an equitable or
legal claim to participate in the proceeds of the sale of those lands.
The whole matter is submitted for the consideration of Congress.
BENJ. HARRISON.
EXECUTIVE MANSION, _Washington, July 2, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a letter from the Secretary of State, inclosing
the recommendations of the International American Conference for the
establishment of improved facilities for postal and cable communication
between the United States and the several countries of Central and South
America.
I can not too strongly urge upon Congress the necessity of giving this
subject immediate and favorable consideration and of making adequate
appropriations to carry the recommendations into effect; and in this
connection I beg leave to call attention to what was said on the subject
in my annual message.[9] The delegates of the seventeen neighboring
Republics, which have so recently been assembled in Washington at the
invitation of this Government, have expressed their wish and purpose to
cooperate with the United States in the adoption of measures to improve
the means of communication between the several Republics of America.
They recognize the necessity of frequent, regular, and rapid steamship
service, both for the purpose of maintaining friendly intercourse
and for the convenience of commerce, and realize that without such
facilities it is useless to attempt to extend the trade between their
ports and ours.
BENJ. HARRISON.
[Footnote 9: See pp. 56-57.]
EXECUTIVE MANSION, _Washington, July 2, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith, for your information, a letter from the Secretary
of State, inclosing a copy of a resolution passed by the International
American Conference with reference to the celebration of the fourth
centennial of the discovery of America.
BENJ. HARRISON.
EXECUTIVE MANSION, _July 2, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith, as required by section 14 of the act of March 2,
1889, an agreement concluded on the 20th day of May last between the
commissioners on behalf of the United States, commonly known as the
Cherokee Commission, and the Iowa Indians residing in the Indian
Territory.
A letter of the Secretary of the Interior, which is accompanied by
communications from the Commissioner of Indian Affairs and the Assistant
Attorney-General, is also submitted.
These papers present a full and clear statement of the matters of fact
and questions of law which Congress will need to consider in passing
upon the question of the ratification of the agreement, which is
submitted for its consideration and such action as may be deemed proper.
BENJ. HARRISON.
EXECUTIVE MANSION, _Washington, July 11, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a communication from the Secretary of State,
including a report of the action of the International American
Conference, lately in session in this city, concerning the protection of
patents, trademarks, and copyrights in commerce between the American
Republics, to which I invite your attention.
BENJ. HARRISON.
EXECUTIVE MANSION, _Washington, July 11, 1890_.
_To the Senate and House of Representatives_:
I invite your attention to the accompanying letter of the Secretary of
State, submitting the recommendations of the International American
Conference for the better protection of the public health against the
spread of contagious diseases.
BENJ. HARRISON.
EXECUTIVE MANSION, _July 12, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a letter from the Secretary of State, inclosing a
copy of a report upon weights and measures adopted by the International
American Conference, recently in session at this capital.
BENJ. HARRISON.
EXECUTIVE MANSION, _July 12, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a letter from the Secretary of State, inclosing a
copy of a report of the International American Conference, recently
in session at this capital, recommending the establishment of an
international American monetary union, and suggesting that the President
be authorized to invite the several American nations to send delegates
to its first meeting in Washington on the first Wednesday of January
next; that authority also be granted for the appointment of three
delegates on the part of the United States, and that an appropriation
be made to meet the necessary expenses.
I commend these suggestions and hope they will receive the prompt
consideration of Congress.
BENJ. HARRISON.
EXECUTIVE MANSION, _Washington, July 14, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a letter from the Secretary of State, inclosing the
recommendation of the International American Conference with reference
to the adoption by the American Republics of a uniform code of
international law, to which your attention is respectfully directed.
BENJ. HARRISON.
EXECUTIVE MANSION, _Washington, July 14, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a letter from the Secretary of State, inclosing the
recommendations of the International American Conference, recently in
session at this capital, concerning a uniform system of port dues and
consular fees to be adopted by the several American Republics, to which
I invite your attention.
BENJ. HARRISON.
EXECUTIVE MANSION, _July 15, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a letter from the Secretary of State, inclosing
a resolution adopted by the International American Conference for
the erection of a memorial tablet in the diplomatic chamber of the
Department of State to commemorate the meeting of that body.
BENJ. HARRISON.
EXECUTIVE MANSION, _July 15, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith, for your information, certain reports on the
subject of extradition adopted by the International American Conference
at its recent sessions in this city.
BENJ. HARRISON.
EXECUTIVE MANSION, _July 15, 1890_.
_To the Senate and House of Representatives_:
I transmit two agreements concluded by the commission appointed under
section 14 of the act of March 2, 1889, commonly known as the Cherokee
Commission, with the Citizen band of Pottawatomie Indians and the band
of Absentee Shawnees, respectively, for the cession of certain lands to
the United States.
Letters from the Secretary of the Interior, the Commissioner of Indian
Affairs, and the Assistant Attorney-General for the Department of the
Interior relating to the same matter are also submitted.
BENJ. HARRISON.
EXECUTIVE MANSION, _July 17, 1890_.
_To the Senate and House of Representatives_:
The act making appropriations to provide for the expenses of the
government of the District of Columbia for the fiscal year ending June
30, 1890, provides, among other things, that the President shall appoint
three competent sanitary engineers to examine and report upon the system
of sewerage existing in the District of Columbia, together with such
suggestions and recommendations as may to them seem necessary and
desirable for the modification and extension of the same, which report
was to be transmitted to Congress by the President at its next session.
In pursuance of the authority thus conferred, on the 17th of August,
1889, I appointed Rudolph Hering, of New York, Samuel M. Gray, of Rhode
Island, and Frederick P. Stearns, of Massachusetts, to make this
examination and report.
The gentlemen named were believed to have such ability and experience as
sanitary engineers as to guarantee an intelligent and exhaustive study
of the problem submitted to them.
I transmit herewith their report, which has just been submitted to me,
for the consideration of Congress.
BENJ. HARRISON.
EXECUTIVE MANSION, _July 23, 1890_.
_To the House of Representatives_:
In response to the resolution of the House of Representatives requesting
me, if in my judgment not incompatible with the public interest, to
furnish to the House the correspondence since March 4, 1889, between the
Government of the United States and the Government of Great Britain
touching the subjects in dispute in the Bering Sea, I transmit a letter
from the Secretary of State, which is accompanied by the correspondence
referred to in the resolution.
BENJ. HARRISON.
EXECUTIVE MANSION, _July 29, 1890_.
_To the Senate and House of Representatives_:
The recent attempt to secure a charter from the State of North Dakota
for a lottery company, the pending effort to obtain from the State of
Louisiana a renewal of the charter of the Louisiana State Lottery, and
the establishment of one or more lottery companies at Mexican towns near
our border have served the good purpose of calling public attention to
an evil of vast proportions. If the baneful effects of the lotteries
were confined to the States that give the companies corporate powers
and a license to conduct the business, the citizens of other States,
being powerless to apply legal remedies, might clear themselves of
responsibility by the use of such moral agencies as were within their
reach. But the case is not so. The people of all the States are
debauched and defrauded. The vast sums of money offered to the States
for charters are drawn from the people of the United States, and the
General Government through its mail system is made the effective and
profitable medium of intercourse between the lottery company and its
victims. The use of the mails is quite as essential to the companies
as the State license. It would be practically impossible for these
companies to exist if the public mails were once effectively closed
against their advertisements and remittances. The use of the mails by
these companies is a prostitution of an agency only intended to serve
the purposes of a legitimate trade and a decent social intercourse.
It is not necessary, I am sure, for me to attempt to portray the robbery
of the poor and the widespread corruption of public and private morals
which are the necessary incidents of these lottery schemes.
The national capital has become a subheadquarters of the Louisiana
Lottery Company, and its numerous agents and attorneys are conducting
here a business involving probably a larger use of the mails than that
of any legitimate business enterprise in the District of Columbia. There
seems to be good reason to believe that the corrupting touch of these
agents has been felt by the clerks in the postal service and by some of
the police officers of the District.
Severe and effective legislation should be promptly enacted to enable
the Post-Office Department to purge the mails of all letters,
newspapers, and circulars relating to the business.
The letter of the Postmaster-General which I transmit herewith points
out the inadequacy of the existing statutes and suggests legislation
that would be effective.
It may also be necessary to so regulate the carrying of letters by the
express companies as to prevent the use of those agencies to maintain
communication between the lottery companies and their agents or
customers in other States.
It does not seem possible that there can be any division of sentiment
as to the propriety of closing the mails against these companies, and
I therefore venture to express the hope that such proper powers as
are necessary to that end will be at once given to the Post-Office
Department.
BENJ. HARRISON.
EXECUTIVE MANSION, _Washington, July 30, 1890_.
_To the Senate of the United States_:
I transmit herewith a report from the Acting Secretary of State, in
response to a resolution of the Senate of the 23d instant, calling for
information touching the alleged arrest and imprisonment of A.J. Diaz
by the Cuban authorities and the action which has been taken in respect
thereto.
It will be seen that Mr. Diaz has been released.
BENJ. HARRISON.
EXECUTIVE MANSION, _August 8, 1890_.
_To the Senate and House of Representatives_:
I have received, under date of July 29 ultimo, a communication from Hon.
George W. Steele, governor of the Territory of Oklahoma, in which, among
other things, he says:
A delegation from township 16, range 1, in this county, has just left
me, who came to represent that there are at this time twenty-eight
families in that township who are in actual need of the necessaries of
life, and they give it as their opinion that their township is not an
exception, and that in the very near future a large proportion of the
settlers of this Territory will have to have assistance.
This I have looked for, but have hoped to bridge over until after the
legislature meets, when I thought some arrangement might be made for
taking care of these needy people; but with little taxable property in
the Territory, and very many necessary demands to be made and met, I
doubt if the legislature will be able to make such provision until a
crop is raised next year as will be adequate to the demands. * * *
Now I know whereof I speak, and I say there are a great many people in
this Territory who have not the necessary means of providing meals for
a day to come and are being helped by their very poor neighbors. No one
regrets more than I do the necessity of making the foregoing statement,
and I have hoped to bridge the matter over, as I have said before,
until the legislature would meet and see if some provision could be
made.
I now see the utter hopelessness of such a course, and I beg of you to
call the attention of Congress to the condition of our people, with the
earnest hope that provision may be made whereby great suffering may be
relieved; and I assure you that so far as I am able to prevent it not
one ounce of provisions or a cent of money contributed to the above
need shall be improperly used.
Information received by me from other sources leads me to believe that
Governor Steele is altogether right in his impression that there will
be, unless relief is afforded either by public appropriation or by
organized individual effort, widespread suffering among the settlers
in Oklahoma. Many of these people expended in travel and in providing
shelter for their families all of their accumulated means. The crop
prospects for this year are by reason of drought quite unfavorable, and
the ability of the Territory itself to provide relief must be inadequate
during this year.
I am advised that there is an unexpended balance of about $45,000 of
the fund appropriated for the relief of the sufferers by flood upon the
Mississippi River and its tributaries, and I recommend that authority be
given to use this fund to meet the most urgent necessities of the poorer
people in Oklahoma. Steps have been taken to ascertain more particularly
the condition of the people throughout the Territory, and if a larger
relief should seem to be necessary the facts will be submitted to
Congress. If the fund to which I have referred should be made available
for relief in Oklahoma, care will be taken that so much of it as is
necessary to be expended shall be judiciously applied to the most worthy
and necessitous cases.
BENJ. HARRISON.
EXECUTIVE MANSION, _Washington, August 15, 1890_.
_To the Senate_:
In compliance with the resolution of the Senate of the 26th of July,
1890, calling for all correspondence not already submitted to Congress
and now on file in the Department of State touching the efforts made
by this Government to secure the modification or repeal by the French
Government of its decree of 1881, prohibiting the importation into
France of American pork and kindred American products, I transmit
herewith a report from the Acting Secretary on the subject, with the
accompanying correspondence.
BENJ. HARRISON.
EXECUTIVE MANSION, _September 3, 1890_.
_To the Senate and House of Representatives_:
I transmit herewith a letter from the Secretary of State, which is
accompanied by three reports adopted by the conference of American
nations recently in session at Washington, relating to the subject of
international arbitration. The ratification of the treaties contemplated
by these reports will constitute one of the happiest and most hopeful
incidents in the history of the Western Hemisphere.
BENJ. HARRISON.
EXECUTIVE MANSION, _October 1, 1890_.
_To the House of Representatives_:
I transmit herewith, in answer to the resolution of the House of
Representatives of August 20, 1890, concerning the enforcement of
proscriptive edicts against the Jews in Russia, a report from the
Secretary of State upon the subject.
BENJ. HARRISON.
EXECUTIVE MANSION, _Washington, October 1, 1890_.
_To the Senate_:
In response to the resolution of the Senate of September 17, 1890,
I inclose a report from the Secretary of State, transmitting all the
correspondence found among the files of his Department relating to the
claim of Thomas T. Collins against the Government of Spain.
BENJ. HARRISON.
VETO MESSAGES.
EXECUTIVE MANSION, _April 26, 1890_.
_To the House of Representatives_:
I return herewith without my approval the bill (H.R. 7170) "to authorize
the city of Ogden, Utah, to assume an increased indebtedness,"
The purpose and effect of this bill is to relieve the city of Ogden from
the limitation imposed by the act of July 30, 1886, upon all municipal
corporations in the Territories as to the indebtedness which they may
lawfully contract. The general law fixes the limit of 4 per cent upon
the last assessment for taxation; this bill extends the limit as to the
city of Ogden to 8 per cent. The purposes for which this legislation is
asked are not peculiar or exceptional. They relate to schools, street
improvements, and to sewerage, and are common to every prosperous and
growing town and city. If the argument by which this measure is
supported is adopted, the conclusion should be a repeal or modification
of the general law; but in my opinion the limitation imposed by the act
of 1886 is wise and wholesome and should not be relaxed.
The report of the governor of Utah for 1889 states the population of
Ogden to be 15,000, the valuation for taxation $7,000,000, and the
existing indebtedness $100,000. It will be noticed that under the
existing limit the city has power to increase its indebtedness
$180,000, which would seem to be enough to make a good beginning in the
construction of sewers, while the cost of street improvements is usually
met in large part by direct assessment upon the property benefited.
It is assumed in the report of the House committee that any city in
the States similarly situated "would have the making of the needed
improvements within its own power," while the fact is that almost all of
our States have either by their constitutions or statutes limited the
power of municipal corporations to incur indebtedness, and the limit is
generally lower than that fixed by the act regulating this matter in the
Territories. A large city debt retards growth and in the end defeats
the purpose of those who think by mortgaging the future to attract
population and property. I do not doubt that the citizens of Ogden will
ultimately realize that the creation of a municipal debt of over half a
million dollars by a city of 15,000 population--being $37 per capita--is
unwise.
BENJ. HARRISON.
EXECUTIVE MANSION, _April 29, 1890_.
_To the House of Representatives_:
I return without my approval the bill (H.R. 848) "to authorize the
construction of an addition to the public building in Dallas, Tex."
The bill authorizes the construction of a wing or addition to the
present public building at a cost of $200,000. I find that the bill
as originally introduced by the member representing the Congressional
district in which Dallas is situated fixed $100,000 as the limit of
the proposed expenditure, and it was so reported from the Committee
on Public Buildings and Grounds after conferring with the Supervising
Architect of the Treasury. A bill of the same tenor was introduced in
the Senate by one of the Senators from that State, fixing the same
limit of expenditure.
The public building at Dallas, for which a first appropriation of
$75,000 was made in 1882, subsequently increased to $125,000, was only
completed in 1889. It is probably inadequate now to the convenient
transaction of business, chiefly in that part assigned to the
Post-Office Department. The material and architectural style of any
addition are fixed by the present building and its ground area by
the available unoccupied space, as no provision is made for buying
additional ground. The present building is 85 by 56 feet, and Mr. John
S. Witwer, the postmaster and the custodian of the building, writing
to the Supervising Architect, advises that to meet the present and
prospective needs of the Government an addition at least two-thirds as
large as the present building should be provided. It will be seen from
the following extract from a letter of the Supervising Architect to the
chairman of the Senate Committee on Public Buildings and Grounds, dated
February 17, 1890, that a building larger than that suggested can be
erected within the limit of $100,000. He says:
From computations made in this office based upon data received it is
found that an extension or wing about 40 by 85 feet in dimensions, three
stories high, with basement, giving 3,400 square feet, in addition to
the 4,760 square feet of the first-floor area of the building, of
fireproof construction, can be erected on the present site within the
limit of cost proposed by said bill, namely, $100,000.
It may be possible that an expenditure of $325,000 for a public building
at Dallas, if the questions of site, material, and architecture were all
undetermined, could be defended, but under existing conditions I do not
see how an appropriation of $200,000 can be justified when one-half that
sum is plainly adequate to such relief as the present site allows.
The legislation for the erection of public buildings has not proceeded,
so far as I can trace it, upon any general rules. Neither population nor
the extent of the public business transacted has always indicated the
points where public buildings should first be built or the cost of the
structures. It can not be expected that, in the absence of some general
law, the committees of Congress having charge of such matters will
proceed in their recommendations upon strict or equal lines. The bills
are individual, and if comparisons are attempted the necessary element
of probable future growth is made to cover all apparent inequalities. It
will be admitted, I am sure, that only a public need should suggest the
expenditure of the public money, and that if all such needs can not be
at once supplied the most general and urgent should have the preference.
I am not unfriendly to a liberal annual expenditure for the erection of
public buildings where the safe and convenient transaction of the public
business demands it and the state of the revenues will permit. It would
be wiser, in my opinion, to build more and less costly houses and to fix
by general law the amount of the annual expenditure for this purpose and
some order of preference between the cities asking for public buildings.
But in view of the pending legislation looking to a very large reduction
of our revenues and of the urgency and necessity of a large increase
in our expenditures in certain directions, I am of the opinion that
appropriations for the erection of public buildings and all kindred
expenditures should be kept at the minimum until the effect of other
probable legislation can be accurately measured.
The erection of a public building is largely a matter of local interest
and convenience, while expenditures for enlarged relief and recognition
to the soldiers and sailors of the war for the preservation of the
Union, for necessary coast defenses, and for the extension of our
commerce with other American States are of universal interest and
involve considerations, not of convenience, but of justice, honor,
safety, and general prosperity.
BENJ. HARRISON.
EXECUTIVE MANSION, _June 4, 1890_.
_To the Senate of the United States_:
I return without my approval the bill (S. 1306) "for the erection of
a public building at Hudson, N.Y." Hudson, from the best information
attainable, is a city of only a little more than 10,000 population. If
the postal receipts are a fair indication of the growth of the city, it
has not been rapid, as they only increased about $4,000 in ten years.
The gross postal receipts for the year 1888 were but $14,809, and the
office force consists of three clerks and five carriers. There are no
other Government officers at Hudson entitled under the law to offices or
to an allowance for rent, unless it be a deputy collector of internal
revenue.
It appears from the bill and the correspondence with the Supervising
Architect that it is proposed to erect a two-story building, with
fireproof vaults, heating and ventilating apparatus, and elevators, 40
by 80 feet in dimensions. The ground-floor area of 3,200 feet, to be
devoted to the post-office, would give 400 square feet to each of the
present employees. The second story and the basement, each having the
same area, will be absolutely tenantless, unless authority is given by
law to the custodian to rent the rooms to unofficial tenants. It seems
to me to be very clear that the public needs do not suggest or justify
such an expenditure as is contemplated by this bill.
BENJ. HARRISON.
EXECUTIVE MANSION, _June 12, 1890_.
_To the House of Representatives_:
I return without my approval the bill (H.R. 7175) to provide for the
purchase of a site and the erection of a public building thereon at
Tuscaloosa, in the State of Alabama.
Judged by its postal revenues and by the force employed in the
office, the post-office at Tuscaloosa is not an important one. It has
one clerk, at a salary of $450, and no carriers. The report of the
Postmaster-General shows that the gross receipts for the year 1888 were
$6,379 and the net revenue less than $4,000. The annual receipts have
only increased about $3,000 in ten years. The rent now paid for a
building affording 2,200 square feet of floor space is $275.
A general proposition to erect public buildings at this scale of expense
in cities of the size of Tuscaloosa would not, I am sure, receive the
sanction of Congress. It would involve the expenditure for buildings of
ten times the present net revenues of such offices, and in the case
under consideration would involve an increased cost for fuel, lights,
and care greater than the rent now paid for the use of a room of ample
size. I would not insist that it must always be shown that a proposed
public building would yield an interest upon the investment, but in
the present uncertain state of the public revenues and expenditures,
resulting from pending and probable legislation, there is, in my
opinion, an absolute necessity that expenditures for public buildings
should be limited to cases where the public needs are very evident and
very imperative. It is clear that this is not such a case.
BENJ. HARRISON.
EXECUTIVE MANSION, _June 17, 1890_.
_To the Senate of the United States_:
I return without my approval the bill (S. 1762) "to change the
boundaries of the Uncompahgre Reservation."
This bill proposes to separate from the Ute Indian Reservation in
Utah and restore to the public domain two ranges of townships along the
east side of the reservation and bordering the Colorado State line.
It is said that these lands are wholly worthless to the Indians for
cultivation or for grazing purposes, and it must follow, I think, that
they are equally worthless for such purposes to white men.
The object, then, of this legislation is to be sought not in any
public demand for these lands for the use of settlers--for if they
are susceptible of that use the Indians have a clear equity to take
allotments upon them--but in that part of the bill which confirms the
mineral entries, or entries for mineral uses, which have been unlawfully
made "or attempted to be made on said lands." It is evidently a private
and not a public end that is to be promoted. It does not follow, of
course, that this private end may not be wholly meritorious and the
relief sought on behalf of these persons altogether just and proper.
The facts, as I am advised, are that upon these lands there are veins
or beds of asphaltum or gilsonite supposed to be of very great value.
Entries have been made in that vicinity, but upon public lands, which
lands have been resold for very large amounts. It is not important,
perhaps, that the United States should in parting with these lands
realize their value, but it is essential, I think, that favoritism
should have no part in connection with the sales. The bill confirms all
attempted entries of these mineral lands at the price of $20 per acre
(a price that is suggestive of something unusual) without requiring
evidence of the expenditure of any money upon the claim, or even proof
that the claimant was the discoverer of the deposits.
The bill requires "good faith," but it will be next to impossible for
the officers of the Interior Department to show actual knowledge on the
part of the claimant of the lines of the reservation. The case will
practically be as to this matter in the hands of the claimant. But why
should good faith at the moment of attempting the entry, without any
requirement of expenditure, and followed, it may be, within twenty-four
hours by actual notice that he was upon a reservation, give an advantage
in the sale of these lands that may represent a very large sum of money?
In the second place, I do not think it wise, without notice even to the
Indians, to segregate these lands from their reservation. It is true, I
think, that they hold these lands by an Executive order, with a contract
right to take allotments upon them, and that the lands in question are
not likely to be sought as an allotment by any Indian. But the Indians
have been placed on this reservation and its boundaries explained to
them, and to take these lands in this manner is calculated to excite
their distrust and fears, and possibly to create serious trouble.
BENJ. HARRISON.
EXECUTIVE MANSION, _June 20, 1890_.
_To the House of Representatives_:
I return without my approval the bill (H.R. 3934) "to authorize the
board of supervisors of Maricopa County, Ariz., to issue certain bonds
in aid of the construction of a certain railroad."
This bill proposes to confer authority upon the supervisors of the
county of Maricopa to issue county bonds at the rate of $4,000 per mile
in aid of a railroad to be constructed from Phoenix northwardly to the
county line, a distance estimated at 50 miles, but probably somewhat
longer. The bill seems to have passed the House of Representatives under
an entire misapprehension of its true scope and effect. In the brief
report submitted by the Committee on Territories it is said that "by the
terms of the bill the county receives _bonds_ in payment of the money
proposed to be advanced," and in the course of the debate the Delegate
from Arizona mistakenly stated in response to a request for information
that the bill proposed a loan by the county, in exchange for which it
was to receive the bonds of the railroad company. In fact, the bill does
not provide for a loan to be secured by bonds, but for a subscription of
stock. How far this mistake may have affected the passage of the bill
can not of course be known.
The bill does not submit the question of granting this aid to a vote
of the people of the county, but confers direct authority upon the
supervisors to issue the bonds. It is said, however, that in April,
1889, an election was held to obtain the views of the people upon the
question. It does not appear from any papers submitted to me who were
the managers of this so-called election; what notice, if any, was given;
what qualifications on the part of voters were insisted upon, if any, or
in what form the question was presented. There was no law providing for
such an election. Being wholly voluntary, the election was, of course,
under the management of those who favored the subsidy, and was conducted
without any legal restraints as to the voting or certification. I have
asked for a statement of the vote by precincts, and have been given what
purports to be the vote at twelve points. The total affirmative vote
given was 1,975 and the negative 134. But of the affirmative vote 1,543
were given at Phoenix and 188 at Tempe, a town very near to Phoenix. If
there were no other objections to this bill, I should deem this alone
sufficient, that no provision is made for submitting to a vote of the
people at an election, after due notice and under the sanction of law,
the question whether this subscription shall be made.
But again, the bill proposes to suspend for this case two provisions
of the act of Congress of July 30, 1886--first, that provision which
forbids municipal corporations from subscribing to the stock of other
corporations or loaning their credit to such corporations, and, second,
that provision which forbids any municipal corporation from creating a
debt in excess of 4 per cent of its taxable property as fixed by the
last assessment. The condition of things then existing in Arizona had
not a little to do with the enactment by Congress of this law, intended
to give to the people of the Territories that protection against
oppressive municipal debts which was secured to the people of most of
the States by constitutional limitations. The wisdom of this legislation
is not contested by the friends of this bill, but they claim that the
circumstances here are so peculiar as to justify this exception. I do
not think so. In the States the limitation upon municipal indebtedness
is usually placed in the constitution, in order that it may be
inflexible. If a showing of need, gain, or advantage is to overcome the
barrier, then it is scarcely worth while to declare a limitation. Only
a belief that the limit is inflexible will promote care and economy in
administration. If this bill becomes a law, how can Congress refuse to
any county in any of the Territories the right to subscribe to the stock
of a railroad company, especially where the subscription would not
exceed the debt limit, upon a showing of the advantages of better and
cheaper communications?
Maricopa County is one of great extent. Its northern boundary is 95
miles long, its southern boundary 66, its eastern 45, and its western
102. This great area is to be taxed to construct a road which can, in
the nature of things, be of advantage to but a fraction of it. There is
no unity of interest or equality of advantage. It may very well be that
a section of these lands along the line of the road, and especially
town lots in Phoenix, would have an added value much greater than the
increased burden imposed, but it is equally clear that much property
in the county will receive no appreciable benefit.
The existing bonded indebtedness of Maricopa County is $272,000; the tax
assessment of the county is about $5,000,000, and the population is
estimated, by multiplying the vote cast in 1888 by 6, at about 12,000.
It will be seen that the bonded debt, to say nothing of a floating debt,
which is said to be small, is already largely in excess of the legal
limit, and it is proposed to increase it by a subscription that will
certainly involve $200,000, and possibly $250,000. If the bill becomes a
law, the bonded indebtedness will very closely approximate 10 per cent
of the assessed valuation of the property of the county.
The condition of things in the county of Yavapai, lying immediately
north of Maricopa, and through which this road is also to run, though
not directly affected by this legislation, is very instructive in this
connection.
By an act of the legislature of Arizona passed the year before the act
of Congress to which I have referred Yavapai County was authorized to
subscribe $4,000 per mile to this line of road. The total length of the
road in the county was 147 miles, and 74 miles, to Prescott, have been
constructed. The secretary of the Territory, in response to an inquiry,
states the debt of Yavapai County at $563,000 and the assessment for
taxation at "between six and seven millions." There are 73 miles of road
yet to be built from the present terminus, Prescott, to the south line
of the county, for which Yavapai County must make a further issue of
bonds of $292,000, making a total county debt of $855,000, or above 13
per cent upon the taxable assessment (taking that at $6,500,000), and
a per capita county debt of nearly $85, taking the population at about
10,600, as stated in the report of the Senate committee. Surely no one
will insist that the true and permanent prosperity of these communities
will be promoted by loading their energies and their industries with
these great debts. I feel the force of the suggestion that the freight
charges now imposed upon the farm and orchard products of Maricopa
County by the railroads now in operation are oppressive. But this bill
does not afford much relief even in that direction. There would be but
one competing point, viz, Phoenix. At all other points on the proposed
road the people would be subject to the exaction of just such rates as
are demanded by the other lines. If this bill contained some effective
provision to secure reasonable freight rates to the people who are to be
taxed to build the road, it would go far to secure my favorable
consideration for it.
I have carefully examined the reports of the committees and every
argument that has been submitted to me by the friends of the bill, but
I can not bring myself to believe that the permanent welfare of the
communities affected by it will be promoted by its passage.
BENJ. HARRISON.
EXECUTIVE MANSION, _July 9, 1890_.
_To the House of Representatives_:
I return herewith without my approval the bill (H.R. 5974) entitled "An
act extending the time of payment to purchasers of land of the Omaha
tribe of Indians in Nebraska, and for other purposes."
The United States holds the legal title of these lands, which have been
sold for the benefit of the Omaha Indians to secure the unpaid purchase
money, the time of payment of which it is proposed by this act to
extend. There is no objection that I know of, either on the part of
the United States or of the Indians, to the extension of the unpaid
installments due from purchasers. This relief is probably due to the
purchasers. The bill, however, contains the following provision:
That all the lands the payment for which is hereby extended shall be
subject to taxation in all respects by and in the State of Nebraska
as if fully paid for and patents issued.
Now, while it is entirely proper that the interest of the purchasers in
these lands should share the burdens of the communities in which the
lands are located, the title of the United States and the beneficial
interest of the Indians in the lands should not be subjected to sale for
the delinquency of the purchasers in paying tax assessments levied upon
the lands. The effect of the provision which has been quoted would, in
my opinion, give to the purchaser at a tax sale a title superior to
the lien of the Government for purchase money. The bill should have
contained a proviso that only the interest of the purchasers from the
Government could be sold for taxes, and that the tax sale should be
subject to the lien of the United States for unpaid purchase money.
BENJ. HARRISON.
EXECUTIVE MANSION, _September 30, 1890_.
_To the House of Representatives_:
I return herewith without my approval the joint resolution (H. Res.
No. 39) declaring the retirement of Captain Charles B. Stivers, of the
United States Army, legal and valid, and that he is entitled as such
officer to his pay.
Captain Stivers was dismissed the service summarily by order of the
President on July 15, 1863. A subsequent examination into the causes
leading to this action seems to have satisfied the President that an
injustice had been done to the officer, and on the 11th day of August,
1863, an order was issued revoking the order of dismissal and restoring
Captain Stivers to duty as an officer of the Army. On December 30, 1864,
by a proper order from the War Department, after examination, Captain
Stivers was placed upon the retired list of the Army.
The Supreme Court has decided in the case of The United States _vs_.
Corson (114 U.S. Reports, 619):
First. That at the time of the issuance of the order of dismissal the
President had authority under the law to summarily dismiss an officer,
and that the effect of such an order was absolutely to separate the
officer from the service.
Second. That having been thus separated from the service he could not be
restored except by nomination to the Senate and its advice and consent
to the appointment.
Mr. Garland, as Attorney-General, gave an opinion to the Secretary of
War in the case of Captain Stivers, based upon the decision of the
Supreme Court to which I have referred, holding that Captain Stivers
was not an officer on the retired list of the Army. The present
Attorney-General, with whom I have conferred, takes the same view
of the law. Indeed, the decision of the Supreme Court to which I have
referred is so exactly in point that there can be no doubt as to the law
of the case. It is undoubtedly competent for Congress by act or joint
resolution to authorize the President, by and with the advice of the
Senate, to appoint Captain Stivers to be a captain in the Army of the
United States and to place him upon the retired list. It is also
perfectly competent by suitable legislation for Congress to give to this
officer the pay of his grade during the interval of time when he was
improperly carried upon the army lists. But the joint resolution which
I herewith return does not attempt to deal with the case in that way.
It undertakes to declare that the retirement of Captain Stivers was
legal and valid and that he always has been and is entitled to his pay
as such officer. I do not think this is a competent method of giving the
relief intended. The retirement under the law as it then existed was not
legal and valid, as the highest judicial tribunal under the Constitution
has declared, for the reason that Captain Stivers was not then an
officer on the active list. That being so, it follows, of course, that
he was not entitled to draw the pay of an office he did not hold.
The relief should have taken the form usual in such cases, which is to
authorize the appointment of the officer to a place made for him on the
retired list.
BENJ. HARRISON.
EXECUTIVE MANSION, _October 1, 1890_.
_To the Senate_:
I return to the Senate without my approval the bill (S. 473) "for the
relief of the Portland Company, of Portland, Me."
This bill confers upon the Court of Claims jurisdiction to inquire into
and determine how much certain steam machinery built for the United
States under contract, and to be used in the vessels _Agawam_ and
_Pontoosuc_, cost the contractors over and above the contract price and
any allowances for extra work which have been made, and requires the
court to enter judgment in favor of the claimant for the excess of cost
above such contract price and allowances.
The bill differs from others which have been presented to me, and one of
which I have approved, in that it does not make the further allowance to
the contractors contingent upon the fact that the additional expense was
the result of the acts of the Government through its officers' causing
delays and increased cost in the construction of the work.
The bill in effect directs the court to ignore the contract entirely,
except as payments under it are to be treated as credits, and to allow
the contractors the cost of the work, and that without reference to
their own negligence or want of skill in executing the work. There would
seem to be no object in the Government's making a contract for work if
the contract is only to be binding upon the parties in the event that
the contractor realizes a profit.
I can not give my approval to the proposition applied here, which if
allowed here should be given general application, that every contractor
with the Government who during the early days of the war failed to
realize, by reason of increase in the cost of labor and materials, a
profit upon the contract shall now have access to the Court of Claims
to recover upon the _quantum meruit_ the cost of the work.
BENJ. HARRISON.
EXECUTIVE MANSION, _October 1, 1890_.
_To the Senate_:
I return without my approval Senate bill No. 1857, "for the relief of
Charles P. Chouteau, survivor of Chouteau, Harrison & Valle."
This claim has been once presented to the Court of Claims and fully
heard. This bill authorizes a rehearing. I find upon examination that
every fact connected with the case necessary to the determination of the
question whether the claim should be appropriated for has already been
found and stated by the Court of Claims in a published opinion. Judgment
was given against the claimant upon the ground that a settlement had
been made and a receipt given in full. If in the opinion of Congress
this receipt, given under the circumstances which accompanied it, should
not be held a bar to such further appropriation as is equitable, all the
facts have been found that can be necessary to determine the question
what further payment should be made to the contractors. There can be no
reason, as it seems to me, for a retrial of the case in the Court of
Claims in the absence of any showing of newly discovered evidence. The
result would only differ from the result already obtained in that under
the bill which I return the court would enter a judgment instead of a
finding, and the judgment could only be paid after Congressional action.
The finding which has already been made, as I have said, is a complete
basis for any such action as Congress may think should be taken in the
premises.
BENJ. HARRISON.
EXECUTIVE MANSION, _October 7, 1890_.
_To the Senate_:
I return without my approval the bill (S. 3830) "to prohibit bookmaking
of any kind and pool selling in the District of Columbia for the purpose
of gaming."
My objection to the bill is that it does not prohibit bookmaking and
pool selling, but, on the contrary, expressly saves from the operation
of its prohibitions and penalties the Washington Jockey Club "and any
other regular organizations owning race tracks no less than 1 mile in
length," etc.
If this form of gambling is to be prohibited, as I think it should be,
the penalties should include all persons and all places.
BENJ. HARRISON.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas it is provided in the act of Congress approved March 2, 1889,
entitled "An act to divide a portion of the reservation of the Sioux
Nation of Indians in Dakota into separate reservations and to secure
the relinquishment of the Indian title to the remainder, and for other
purposes"--
That this act shall take effect only upon the acceptance thereof and
consent thereto by the different bands of the Sioux Nation of Indians,
in manner and form prescribed by the twelfth article of the treaty
between the United States and said Sioux Indians concluded April 29,
1868, which said acceptance and consent shall be made known by
proclamation by the President of the United States, upon satisfactory
proof presented to him that the same has been obtained in the manner and
form required by said twelfth article of said treaty, which proof shall
be presented to him within one year from the passage of this act; and
upon failure of such proof and proclamation this act becomes of no
effect and null and void.
And whereas satisfactory proof has been presented to me that the
acceptance of and consent to the provisions of the said act by the
different bands of the Sioux Nation of Indians have been obtained in
manner and form as therein required:
Now, therefore, I, Benjamin Harrison, President of the United States, by
virtue of the power in me vested, do hereby make known and proclaim the
acceptance of said act by the different bands of the Sioux Nation of
Indians and the consent thereto by them as required by the act, and said
act is hereby declared to be in full force and effect, subject to all
the provisions, conditions, limitations, and restrictions therein
contained.
All persons will take notice of the provisions of said act and of the
conditions, limitations, and restrictions therein contained, and be
governed accordingly.
I furthermore notify all persons to particularly observe that by said
act certain tracts or portions of the Great Reservation of the Sioux
Nation in the Territory of Dakota, as described by metes and bounds,
are set apart as separate and permanent reservations for the Indians
receiving rations and annuities at the respective agencies therein
named.
That any Indian receiving and entitled to rations and annuities at
either of the agencies mentioned in this act at the time the same shall
take effect, but residing upon any portion of said Great Reservation not
included in either of the separate reservations herein established, may
at his option, within one year from the time when this act shall take
effect, and within one year after he has been notified of his said right
of option, in such manner as the Secretary of the Interior shall direct,
by recording his election with the proper agent at the agency to which
he belongs, have the allotment to which he would be otherwise entitled
on one of said separate reservations upon the land where such Indian may
then reside.
That each member or the Ponca tribe of Indians now occupying a part of
the old Ponca Reservation, within the limits of the said Great Sioux
Reservation, shall be entitled to allotments upon said old Ponca
Reservation in quantities as therein set forth, and that when allotments
to the Ponca tribe of Indians and to such other Indians as allotments
are provided for by this act shall have been made upon that portion of
said reservation which is described in the act entitled "An act to
extend the northern boundary of the State of Nebraska," approved March
28, 1882, the President shall, in pursuance of said act, declare that
the Indian title is extinguished to all lands described in said act not
so allotted hereunder, and thereupon all of said land not so allotted
and included in said act of March 28, 1882, shall be open to settlement
as provided in this act.
That protection is guaranteed to such Indians as may have taken
allotments either within or without the said separate reservations under
the provisions of the treaty with the Great Sioux Nation concluded April
29, 1868; and that provision is made in said act for the release of all
title on the part of said Indians receiving rations and annuities on
each separate reservation to the lands described in each of the other
separate reservations, and to confirm in the Indians entitled to receive
rations at each of said separate reservations, respectively, to their
separate and exclusive use and benefit, all the title and interest of
every name and nature secured to the different bands of the Sioux Nation
by said treaty of April 29, 1868; and that said release shall not affect
the title of any individual Indian to his separate allotment of land
not included in any of said separate reservations, nor any agreement
heretofore made with the Chicago, Milwaukee and St. Paul Railroad
Company or the Dakota Central Railroad Company respecting certain lands
for right of way, station grounds, etc., regarding which certain prior
rights and privileges are reserved to and for the use of said railroad
companies, respectively, upon the terms and conditions set forth in said
act.
That it is therein provided that if any land in said Great Sioux
Reservation is occupied and used by any religious society at the date
of said act for the purpose of missionary or educational work among the
Indians, whether situate outside of or within the limits of any of the
separate reservations, the same, not exceeding 160 acres in any one
tract, shall be granted to said society for the purposes and upon the
terms and conditions therein named; and
Subject to all the conditions and limitations in said act contained, it
is therein provided that all the lands in the Great Sioux Reservation
outside of the separate reservations described in said act, except
American Island, Farm Island, and Niobrara Island, regarding which
islands special provisions are therein made, and sections 16 and 36 in
each township thereof (which are reserved for school purposes), shall
be disposed of by the United States, upon the terms, at the price, and
in the manner therein set forth, to actual settlers only, under the
provisions of the homestead law (except section 2301 thereof) and under
the law relating to town sites.
That section 23 of said act provides--
That all persons who, between the 27th day of February, 1885, and the
17th day of April, 1885, in good faith entered upon or made settlements
with intent to enter the same under the homestead or preemption laws of
the United States upon any part of the Great Sioux Reservation lying
east of the Missouri River, and known as the Crow Creek and Winnebago
Reservation, which by the President's proclamation of date February 27,
1885, was declared to be open to settlement, and not included in the
new reservation established by section 6 of this act, and who, being
otherwise legally entitled to make such entries, located or attempted
to locate thereon homestead, preemption, or town-site claims by actual
settlement and improvement of any portion of such lands, shall for a
period of ninety days after the proclamation of the President required
to be made by this act have a right to reenter upon said claims and
procure title thereto under the homestead or preemption laws of the
United States and complete the same as required therein, and their said
claims shall for such time have a preference over later entries; and
when they shall have in other respects shown themselves entitled and
shall have complied with the law regulating such entries, and, as to
homesteads, with the special provisions of this act, they shall be
entitled to have said lands, and patents therefor shall be issued as in
like cases: _Provided_, That preemption claimants shall reside on their
lands the same length of time before procuring title as homestead
claimants under this act. The price to be paid for town-site entries
shall be such as is required by law in other cases, and shall be paid
into the general fund provided for by this act.
It is furthermore hereby made known that there has been and is hereby
reserved from entry or settlement that tract of land now occupied by the
agency and school buildings at the Lower Brulé Agency, to wit:
The west half of the southwest quarter of section 24, the east half of
the southeast quarter of section 23, the west half of the northwest
quarter of section 25, the east half of the northeast quarter of section
26, and the northwest fractional quarter of the southeast quarter of
section 26, all in township 104 north of range 72 west of the fifth
principal meridian.
That there is also reserved as aforesaid the following-described tract
within which the Cheyenne River Agency, school, and certain other
buildings are located, to wit: Commencing at a point in the center of
the main channel of the Missouri River opposite Deep Creek, about 3
miles south of Cheyenne River; thence due west 5-1/2 miles; thence due
north to the Cheyenne River; thence down said river to the center of the
main channel thereof to a point in the center of the Missouri River due
east or opposite the mouth of said Cheyenne River; thence down the
center of the main channel of the Missouri River to the place of
beginning.
That in pursuance of the provisions contained in section 1 of said act
the tract of land situate in the State of Nebraska and described in
said act as follows, to wit: "Beginning at a point on the boundary
line between the State of Nebraska and the Territory of Dakota where
the range line between ranges 44 and 45 west of the sixth principal
meridian, in the Territory of Dakota, intersects said boundary line;
thence east along said boundary line 5 miles; thence due south 5 miles;
thence due west 10 miles; thence due north to said boundary line; thence
due east along said boundary line to the place of beginning," same is
continued in a state of reservation so long as it may be needed for the
use and protection of the Indians receiving rations and annuities at the
Pine Ridge Agency.
Warning is hereby also expressly given to all persons not to enter or
make settlement upon any of the tracts of land specially reserved by the
terms of said act or by this proclamation, or any portion of any tracts
of land to which any individual member of either of the bands of the
Great Sioux Nation or the Ponca tribe of Indians shall have a preference
right under the provisions of said act; and further, to in no wise
interfere with the occupancy of any of said tracts by any of said
Indians, or in any manner to disturb, molest, or prevent the peaceful
possession of said tracts by them.
The surveys required to be made of the lands to be restored to the
public domain under the provisions of the said act and as in this
proclamation set forth will be commenced and executed as early as
possible.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 10th day of February, A.D. 1890,
and of the Independence of the United States the one hundred and
fourteenth.
BENJ. HARRISON.
By the President:
JAMES G. BLAINE,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas that portion of the Indian Territory commonly known as the
Cherokee Strip or Outlet has been for some years in the occupancy of an
association or associations of white persons under certain contracts
said to have been made with the Cherokee Nation, in the nature of a
lease or leases for grazing purposes; and
Whereas an opinion has been given to me by the Attorney-General,
concurring with the opinion given to my predecessor by the late
Attorney-General, that whatever the right or title of said Cherokee
Nation or of the United States to or in said lands may be, no right
exists in said Cherokee Nation under the statutes of the United States
to make such leases or grazing contracts, and that such contracts are
wholly illegal and void; and
Whereas the continued use of said lands thereunder for grazing purposes
is prejudicial to the public interests:
Now, therefore, I, Benjamin Harrison, President of the United States, do
hereby proclaim and give notice--
First. That no cattle or live stock shall hereafter be brought upon said
lands for herding or grazing thereon.
Second. That all cattle and other live stock now on said outlet must be
removed therefrom not later than October 1, 1890, and so much sooner as
said lands or any of them may be or become lawfully open to settlement
by citizens of the United States; and that all persons connected with
said cattle companies or associations must, not later than the time
above indicated, depart from said lands.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
[SEAL.]
Done at the city of Washington, this 17th day of February, A.D. 1890,
and of the Independence of the United States of America the one hundred
and fourteenth.
BENJ. HARRISON.
By the President:
JAMES G. BLAINE,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
The following provisions of the laws of the United States are hereby
published for the information of all concerned:
Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that--
No person shall kill any otter, mink, marten, sable, or fur seal, or
other fur-bearing animal within the limits of Alaska Territory or in
the waters thereof; and every person guilty thereof shall for each
offense be fined not less than $200 nor more than $1,000, or imprisoned
not more than six months, or both; and all vessels, their tackle,
apparel, furniture, and cargo, found engaged in violation of this
section shall be forfeited; but the Secretary of the Treasury shall
have power to authorize the killing of any such mink, marten, sable, or
other fur-bearing animal, except fur seals, under such regulations as
he may prescribe; and it shall be the duty of the Secretary to prevent
the killing of any fur seal and to provide for the execution of the
provisions of this section until it is otherwise provided by law, nor
shall he grant any special privileges under this section.
* * * * *