It will not be claimed that the power given to the legislature would

support a law providing that the persons receiving the smallest vote

should be the electors or a law that all the electors should be chosen

by the voters of a single Congressional district. The State is to

choose, and under the pretense of regulating methods the legislature

can neither vest the right of choice elsewhere nor adopt methods not

conformable to republican institutions. It is not my purpose here to

discuss the question whether a choice by the legislature or by the

voters of equal single districts is a choice by the State, but only to

recommend such regulation of this matter by constitutional amendment as

will secure uniformity and prevent that disgraceful partisan jugglery

to which such a liberty of choice, if it exists, offers a temptation.

Nothing just now is more important than to provide every guaranty for

the absolutely fair and free choice by an equal suffrage within the

respective States of all the officers of the National Government,

whether that suffrage is applied directly, as in the choice of members

of the House of Representatives, or indirectly, as in the choice of

Senators and electors of President. Respect for public officers and

obedience to law will not cease to be the characteristics of our people

until our elections cease to declare the will of majorities fairly

ascertained without fraud, suppression, or gerrymander. If I were

called upon to declare wherein our chief national danger lies, I should

say without hesitation in the overthrow of majority control by the

suppression or perversion of the popular suffrage. That there is a real

danger here all must agree; but the energies of those who see it have

been chiefly expended in trying to fix responsibility upon the opposite

party rather than in efforts to make such practices impossible by either

party.

Is it not possible now to adjourn that interminable and inconclusive

debate while we take by consent one step in the direction of reform by

eliminating the gerrymander, which has been denounced by all parties as

an influence in the selection of electors of President and members of

Congress? All the States have, acting freely and separately, determined

that the choice of electors by a general ticket is the wisest and

safest method, and it would seem there could be no objection to a

constitutional amendment making that method permanent. If a legislature

chosen in one year upon purely local questions should, pending a

Presidential contest, meet, rescind the law for a choice upon a general

ticket, and provide for the choice of electors by the legislature, and

this trick should determine the result, it is not too much to say that

the public peace might be seriously and widely endangered.

I have alluded to the "gerrymander" as affecting the method of selecting

electors of President by Congressional districts, but the primary intent

and effect of this form of political robbery have relation to the

selection of members of the House of Representatives. The power of

Congress is ample to deal with this threatening and intolerable abuse.

The unfailing test of sincerity in election reform will be found in a

willingness to confer as to remedies and to put into force such measures

as will most effectually preserve the right of the people to free and

equal representation.

An attempt was made in the last Congress to bring to bear the

constitutional powers of the General Government for the correction

of fraud against the suffrage. It is important to know whether the

opposition to such measures is really rested in particular features

supposed to be objectionable or includes any proposition to give to

the election laws of the United States adequacy to the correction

of grave and acknowledged evils. I must yet entertain the hope that

it is possible to secure a calm, patriotic consideration of such

constitutional or statutory changes as may be necessary to secure

the choice of the officers of the Government to the people by fair

apportionments and free elections.

I believe it would be possible to constitute a commission, nonpartisan

in its membership and composed of patriotic, wise, and impartial men,

to whom a consideration of the question of the evils connected with our

election system and methods might be committed with a good prospect of

securing unanimity in some plan for removing or mitigating those evils.

The Constitution would permit the selection of the commission to be

vested in the Supreme Court if that method would give the best guaranty

of impartiality. This commission should be charged with the duty of

inquiring into the whole subject of the law of elections as related

to the choice of officers of the National Government, with a view to

securing to every elector a free and unmolested exercise of the suffrage

and as near an approach to an equality of value in each ballot cast as

is attainable.

While the policies of the General Government upon the tariff, upon the

restoration of our merchant marine, upon river and harbor improvements,

and other such matters of grave and general concern are liable to be

turned this way or that by the results of Congressional elections and

administrative policies, sometimes involving issues that tend to peace

or war, to be turned this way or that by the results of a Presidential

election, there is a rightful interest in all the States and in every

Congressional district that will not be deceived or silenced by the

audacious pretense that the question of the right of any body of legal

voters in any State or in any Congressional district to give their

suffrages freely upon these general questions is a matter only of local

concern or control. The demand that the limitations of suffrage shall

be found in the law, and only there, is a just demand, and no just man

should resent or resist it. My appeal is and must continue to be for

a consultation that shall "proceed with candor, calmness, and patience

upon the lines of justice and humanity, not of prejudice and cruelty."

To the consideration of these very grave questions I invite not only the

attention of Congress, but that of all patriotic citizens. We must not

entertain the delusion that our people have ceased to regard a free

ballot and equal representation as the price of their allegiance to

laws and to civil magistrates.

I have been greatly rejoiced to notice many evidences of the increased

unification of our people and of a revived national spirit. The vista

that now opens to us is wider and more glorious than ever before.

Gratification and amazement struggle for supremacy as we contemplate

the population, wealth, and moral strength of our country. A trust

momentous in its influence upon our people and upon the world is for

a brief time committed to us, and we must not be faithless to its first

condition--the defense of the free and equal influence of the people in

the choice of public officers and in the control of public affairs.

BENJ. HARRISON.

[Footnote 22: See pp. 59-60.]

[Footnote 23: See p. 127.]

SPECIAL MESSAGES.

EXECUTIVE MANSION, _December 16, 1891_.

_To the Senate and House of Representatives_:

I transmit herewith, for your information, a letter from the Secretary

of State, inclosing the first annual report and copies of the bulletins

of the Bureau of the American Republics.

BENJ. HARRISON.

EXECUTIVE MANSION, _December 23, 1891_.

_To the Senate and House of Representatives_:

I transmit herewith the report of the board appointed by me under a

clause in the District of Columbia appropriation act approved August 6,

1890, "to consider the location, arrangement, and operation of electric

wires in the District of Columbia," etc., to which the attention of

Congress is respectfully invited.

BENJ. HARRISON.

EXECUTIVE MANSION, _December 23, 1891_.

_To the Senate and House of Representatives_:

My attention having been called to the necessity of bringing about a

uniform usage and spelling of geographic names in the publications of

the Government, the following Executive order was issued on the 4th day

of September, 1890:

As it is desirable that uniform usage in regard to geographic

nomenclature and orthography obtain throughout the Executive

Departments of the Government, and particularly upon the maps and

charts issued by the various Departments and bureaus, I hereby

constitute a Board on Geographic Names and designate the following

persons, who have heretofore cooperated for a similar purpose under

the authority of the several Departments, bureaus, and institutions

with which they are connected, as members of said board:

Professor Thomas C. Mendenhall, United States Coast and Geodetic

Survey, chairman.

Andrew H. Allen, Department of State.

Captain Henry L. Howison, Light-House Board, Treasury Department.

Captain Thomas Turtle, Engineer Corps, War Department.

Lieutenant Richardson Clover, Hydrographic Office, Navy Department.

Pierson H. Bristow, Post-Office Department.

Otis T. Mason, Smithsonian Institution.

Herbert G. Ogden, United States Coast and Geodetic Survey.

Henry Gannett, United States Geological Survey.

Marcus Baker, United States Geological Survey.

To this board shall be referred all unsettled questions concerning

geographic names which arise in the Departments, and the decisions

of the board are to be accepted by these Departments as the standard

authority in such matters.

Department officers are instructed to afford such assistance as may be

proper to carry on the work of this board.

The members of this board shall serve without additional compensation

and its organization shall entail no expense on the Government.

The report of the board thus constituted has been submitted to me, and

is herewith transmitted for the information of Congress and with a view

to its publication in suitable form if such action is deemed by Congress

to be desirable.

BENJ. HARRISON.

EXECUTIVE MANSION, _January 5, 1892_.

_To the Senate and House of Representatives_:

The famine prevailing in some of the Provinces of Russia is so severe

and widespread as to have attracted the sympathetic interest of a

large number of our liberal and favored people. In some of the great

grain-producing States of the West movements have already been organized

to collect flour and meal for the relief of these perishing Russian

families, and the response has been such as to justify the belief that

a ship's cargo can very soon be delivered at the seaboard through the

generous cooperation of the transportation lines. It is most appropriate

that a people whose storehouses have been so lavishly filled with all

the fruits of the earth by the gracious favor of God should manifest

their gratitude by large gifts to His suffering children in other lands.

The Secretary of the Navy has no steam vessel at his disposal that

could be used for the transportation of these supplies, and I therefore

recommend that he be authorized to charter a suitable vessel to receive

them if a sufficient amount should be offered, and to send them under

the charge of a naval officer to such Russian port as may be most

convenient for ready distribution to those most in need.

BENJ. HARRISON.

EXECUTIVE MANSION, _January 6, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a communication

of the 4th instant from the Secretary of the Interior, accompanied by

an agreement concluded by and between the Cherokee Commission and the

Wichita and affiliated bands of Indians in the Territory of Oklahoma,

for the cession of certain lands and for other purposes.

BENJ. HARRISON.

EXECUTIVE MANSION, _January 6, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a communication

of the 4th instant from the Secretary of the Interior, submitting the

agreement entered into between the Indians of the Colville Reservation,

in the State of Washington, and the commissioners appointed under the

provisions of the act of August 19, 1890, to negotiate with them for

the cession of such portion of said reservation as said Indians may be

willing to dispose of, that the same may be opened to white settlement.

BENJ. HARRISON.

EXECUTIVE MANSION, _January 6, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a communication

of the 4th instant from the Secretary of the Interior, accompanied by an

agreement concluded by the Cherokee Commission with the Tonkawa Indians

in Oklahoma Territory, for the cession of all their right, title, claim,

and interest of every kind and character in and to the lands occupied by

them in said Territory, and for other purposes.

BENJ. HARRISON.

EXECUTIVE MANSION, _January 11, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a communication

of the 8th instant from the Secretary of the Interior, submitting the

agreements concluded by and between the Cherokee Commission and the

Kickapoo tribe of Indians in the Territory of Oklahoma, for the cession

of certain lands and for other purposes.

BENJ. HARRISON.

EXECUTIVE MANSION, _January 11, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a communication

of the 4th instant from the Secretary of the Interior, submitting the

agreement entered into between the Indians of the Pyramid Lake

Reservation and the commission appointed under the provisions of the

Indian appropriation act of March 3, 1891, for the cession and

relinquishment of the southern portion of their reservation in the State

of Nevada.

BENJ. HARRISON.

EXECUTIVE MANSION, _January 11 1892_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a communication

of the 4th instant from the Secretary of the Interior, submitting the

agreement entered into between the Shoshone and Arapahoe Indians of the

Shoshone or Wind River Reservation, in the State of Wyoming, and the

commission appointed under the provisions of the Indian appropriation

act of March 3, 1891, for the cession and relinquishment of a portion

of their said reservation.

BENJ. HARRISON.

EXECUTIVE MANSION, _Washington, January 18, 1892_.

_To the Senate of the United States_:

I transmit herewith to the Senate a report of the Secretary of State,

in answer to the resolution of the Senate of the 12th instant, making

inquiries regarding payments of the awards of the claims commission

under the convention of July 4, 1868, between the United States and

Mexico.

BENJ. HARRISON.

EXECUTIVE MANSION, _January 19, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith a letter of the Secretary of the Navy, accompanied

by the report of the commission appointed by me by virtue of a provision

in the naval appropriation act approved June 30, 1890, "to select a

suitable site, having due regard to commercial and naval interests, for

a dry dock at some point on the shores of the Gulf of Mexico or the

waters connected therewith."

The Secretary of the Navy approves the recommendations of the

commission, and they are respectfully submitted for the consideration

of the Congress.

BENJ. HARRISON.

EXECUTIVE MANSION, _January 25, 1892_.

_To the Senate and House of Representatives_:

In my annual message delivered to Congress at the beginning of the

present session, after a brief statement of the facts then in the

possession of this Government touching the assault in the streets of

Valparaiso, Chile, upon the sailors of the United States steamship

_Baltimore_ on the evening of the 16th of October last, I said:

This Government is now awaiting the result of an investigation which

has been conducted by the criminal court at Valparaiso. It is reported

unofficially that the investigation is about completed, and it is

expected that the result will soon be communicated to this Government,

together with some adequate and satisfactory response to the note by

which the attention of Chile was called to this incident. If these

just expectations should be disappointed or further needless delay

intervene, I will by a special message bring this matter again to the

attention of Congress for such action as may be necessary.

In my opinion the time has now come when I should lay before the

Congress and the country the correspondence between this Government

and the Government of Chile from the time of the breaking out of the

revolution against Balmaceda, together with all other facts in the

possession of the executive department relating to this matter. The

diplomatic correspondence is herewith transmitted, together with some

correspondence between the naval officers for the time in command in

Chilean waters and the Secretary of the Navy, and also the evidence

taken at the Mare Island Navy-Yard since the arrival of the _Baltimore_

at San Francisco. I do not deem it necessary in this communication to

attempt any full analysis of the correspondence or of the evidence.

A brief restatement of the international questions involved and of the

reasons why the responses of the Chilean Government are unsatisfactory

is all that I deem necessary.

It may be well at the outset to say that whatever may have been said

in this country or in Chile in criticism of Mr. Egan, our minister at

Santiago, the true history of this exciting period in Chilean affairs

from the outbreak of the revolution until this time discloses no act on

the part of Mr. Egan unworthy of his position or that could justly be

the occasion of serious animadversion or criticism. He has, I think,

on the whole borne himself in very trying circumstances with dignity,

discretion, and courage, and has conducted the correspondence with

ability, courtesy, and fairness.

It is worth while also at the beginning to say that the right of

Mr. Egan to give shelter in the legation to certain adherents of the

Balmaceda Government who applied to him for asylum has not been denied

by the Chilean authorities, nor has any demand been made for the

surrender of these refugees. That there was urgent need of asylum is

shown by Mr. Egan's note of August 24, 1891, describing the disorders

that prevailed in Santiago, and by the evidence of Captain Schley

as to the pillage and violence that prevailed at Valparaiso. The

correspondence discloses, however, that the request of Mr. Egan for a

safe conduct from the country in behalf of these refugees was denied.

The precedents cited by him in the correspondence, particularly the case

of the revolution in Peru in 1865, did not leave the Chilean Government

in a position to deny the right of asylum to political refugees, and

seemed very clearly to support Mr. Egan's contention that a safe conduct

to neutral territory was a necessary and acknowledged incident of the

asylum. These refugees have very recently, without formal safe conduct,

but by the acquiescence of the Chilean authorities, been placed on

board the _Yorktown_, and are now being conveyed to Callao, Peru.

This incident might be considered wholly closed but for the disrespect

manifested toward this Government by the close and offensive police

surveillance of the legation premises which was maintained during most

of the period of the stay of the refugees therein. After the date of my

annual message, and up to the time of the transfer of the refugees to

the _Yorktown_, the legation premises seemed to have been surrounded by

police in uniform and police agents or detectives in citizen's dress,

who offensively scrutinized persons entering or leaving the legation,

and on one or more occasions arrested members of the minister's family.

Commander Evans, who by my direction recently visited Mr. Egan at

Santiago, in his telegram to the Navy Department described the legation

as "a veritable prison," and states that the police agents or detectives

were after his arrival withdrawn during his stay. It appears further

from the note of Mr. Egan of November 20, 1891, that on one occasion at

least these police agents, whom he declares to be known to him, invaded

the legation premises, pounding upon its windows and using insulting and

threatening language toward persons therein. This breach of the right

of a minister to freedom from police espionage and restraint seems to

have been so flagrant that the Argentine minister, who was dean of

the diplomatic corps, having observed it, felt called upon to protest

against it to the Chilean minister of foreign affairs. The Chilean

authorities have, as will be observed from the correspondence, charged

the refugees and the inmates of the legation with insulting the police;

but it seems to me incredible that men whose lives were in jeopardy and

whose safety could only be secured by retirement and quietness should

have sought to provoke a collision, which could only end in their

destruction, or to aggravate their condition by intensifying a popular

feeling that at one time so threatened the legation as to require Mr.

Egan to appeal to the minister of foreign affairs.

But the most serious incident disclosed by the correspondence is that

of the attack upon the sailors of the _Baltimore_ in the streets of

Valparaiso on the 16th of October last. In my annual message, speaking

upon the information then in my possession, I said:

So far as I have yet been able to learn, no other explanation of this

bloody work has been suggested than that it had its origin in hostility

to those men as sailors of the United States, wearing the uniform of

their Government, and not in any individual act or personal animosity.

We have now received from the Chilean Government an abstract of the

conclusions of the fiscal general upon the testimony taken by the judge

of crimes in an investigation which was made to extend over nearly three

months. I very much regret to be compelled to say that this report does

not enable me to modify the conclusion announced in my annual message.

I am still of the opinion that our sailors were assaulted, beaten,

stabbed, and killed not for anything they or any one of them had done,

but for what the Government of the United States had done or was charged

with having done by its civil officers and naval commanders. If that be

the true aspect of the case, the injury was to the Government of the

United States, not to these poor sailors who were assaulted in a manner

so brutal and so cowardly.

Before attempting to give an outline of the facts upon which this

conclusion rests I think it right to say a word or two upon the legal

aspect of the case. The _Baltimore_ was in the harbor of Valparaiso by

virtue of that general invitation which nations are held to extend to

the war vessels of other powers with which they have friendly relations.

This invitation, I think, must be held ordinarily to embrace the

privilege of such communication with the shore as is reasonable,

necessary, and proper for the comfort and convenience of the officers

and men of such vessels. Captain Schley testifies that when his vessel

returned to Valparaiso on September 14 the city officers, as is

customary, extended the hospitalities of the city to his officers and

crew. It is not claimed that every personal collision or injury in which

a sailor or officer of such naval vessel visiting the shore may be

involved raises an international question, but I am clearly of the

opinion that where such sailors or officers are assaulted by a resident

populace, animated by hostility to the government whose uniform these

sailors and officers wear and in resentment of acts done by their

government, not by them, their nation must take notice of the event

as one involving an infraction of its rights and dignity, not in a

secondary way, as where a citizen is injured and presents his claim

through his own government, but in a primary way, precisely as if its

minister or consul or the flag itself had been the object of the same

character of assault.

The officers and sailors of the _Baltimore_ were in the harbor of

Valparaiso under the orders of their Government, not by their own

choice. They were upon the shore by the implied invitation of the

Government of Chile and with the approval of their commanding officer;

and it does not distinguish their case from that of a consul that his

stay is more permanent or that he holds the express invitation of the

local government to justify his longer residence. Nor does it affect

the question that the injury was the act of a mob. If there had been

no participation by the police or military in this cruel work and no

neglect on their part to extend protection, the case would still be one,

in my opinion, when its extent and character are considered, involving

international rights. The incidents of the affair are briefly as

follows:

On the 16th of October last Captain Schley, commanding the United States

steamship _Baltimore_, gave shore leave to 117 petty officers and

sailors of his ship. These men left the ship about 1.30 p.m. No incident

of violence occurred, none of our men were arrested, no complaint was

lodged against them, nor did any collision or outbreak occur until about

6 o'clock p.m. Captain Schley states that he was himself on shore and

about the streets of the city until 5.30 p.m.; that he met very many of

his men who were upon leave; that they were sober and were conducting

themselves with propriety, saluting Chilean and other officers as they

met them. Other officers of the ship and Captain Jenkins, of the

merchant ship _Keweenaw_, corroborate Captain Schley as to the general

sobriety and good behavior of our men. The Sisters of Charity at the

hospital to which our wounded men were taken when inquired of stated

that they were sober when received. If the situation had been otherwise,

we must believe that the Chilean police authorities would have made

arrests. About 6 p.m. the assault began, and it is remarkable that the

investigation by the judge of crimes, though so protracted, does not

enable him to give any more satisfactory account of its origin than is

found in the statement that it began between drunken sailors. Repeatedly

in the correspondence it is asserted that it was impossible to learn

the precise cause of the riot. The minister of foreign affairs, Matta,

in his telegram to Mr. Montt under date December 31, states that the

quarrel began between two sailors in a tavern and was continued in the

street, persons who were passing joining in it.

The testimony of Talbot, an apprentice, who was with Riggin, is that

the outbreak in which they were involved began by a Chilean sailor's

spitting in the face of Talbot, which was resented by a knockdown. It

appears that Riggin and Talbot were at the time unaccompanied by others

of their shipmates. These two men were immediately beset by a crowd of

Chilean citizens and sailors, through which they broke their way to a

street car, and entered it for safety. They were pursued, driven from

the car, and Riggin was so seriously beaten that he fell in the street

apparently dead. There is nothing in the report of the Chilean

investigation made to us that seriously impeaches this testimony. It

appears from Chilean sources that almost instantly, with a suddenness

that strongly implies meditation and preparation, a mob, stated by the

police authorities at one time to number 2,000 and at another 1,000,

was engaged in the assault upon our sailors, who are represented as

resisting "with stones, clubs, and bright arms." The report of the

_intendente_ of October 30 states that the fight began at 6 p.m. in

three streets, which are named; that information was received at the

_intendencia_ at 6.15, and that the police arrived on the scene at 6.30,

a full half hour after the assault began. At that time he says that a

mob of 2,000 men had collected, and that for several squares there was

the appearance of a "real battlefield."

The scene at this point is very graphically set before us by the Chilean

testimony. The American sailors, who after so long an examination have

not been found guilty of any breach of the peace so far as the Chilean

authorities are able to discover, unarmed and defenseless, are fleeing

for their lives, pursued by overwhelming numbers, and fighting only to

aid their own escape from death or to succor some mate whose life is in

greater peril. Eighteen of them are brutally stabbed and beaten, while

one Chilean seems from the report to have suffered some injury, but how

serious or with what character of weapon, or whether by a missile thrown

by our men or by some of his fellow-rioters, is unascertained.

The pretense that our men were fighting "with stones, clubs, and bright

arms" is in view of these facts incredible. It is further refuted by the

fact that our prisoners when searched were absolutely without arms, only

seven penknives being found in the possession of the men arrested, while

there were received by our men more than thirty stab wounds, every one

of which was inflicted in the back, and almost every contused wound was

in the back or back of the head; The evidence of the ship's officer of

the day is that even the jackknives of the men were taken from them

before leaving the ship.

As to the brutal nature of the treatment received by our men, the

following extract from the account given of the affair by the La Patria

newspaper, of Valparaiso, of October 17, can not be regarded as too

friendly:

The Yankees, as soon as their pursuers gave chase, went by way of the

Calle del Arsenal toward the city car station. In the presence of an

ordinary number of citizens, among whom were some sailors, the North

Americans took seats in the street car to escape from the stones which

the Chileans threw at them. It was believed for an instant that the

North Americans had saved themselves from popular fury, but such was

not the case. Scarcely had the car begun to move when a crowd gathered

around and stopped its progress. Under these circumstances and without

any cessation of the howling and throwing of stones at the North

Americans, the conductor entered the car, and, seeing the risk of the

situation to the vehicle, ordered them to get out. At the instant the

sailors left the car, in the midst of a hail of stones, the said

conductor received a stone blow on the head. One of the Yankee sailors

managed to escape in the direction of the Plaza Wheelright, but the

other was felled to the ground by a stone. Managing to raise himself

from the ground where he lay, he staggered in an opposite direction

from the station. In front of the house of Señor Mazzini he was again

wounded, falling then senseless and breathless.

No amount of evasion or subterfuge is able to cloud our clear vision

of this brutal work. It should be noticed in this connection that the

American sailors arrested, after an examination, were during the four

days following the arrest every one discharged, no charge of any breach

of the peace or other criminal conduct having been sustained against

a single one of them. The judge of crimes, Foster, in a note to the

_intendente_ under date of October 22, before the dispatch from this

Government of the following day, which aroused the authorities of Chile

to a better sense of the gravity of the affair, says:

Having presided temporarily over this court in regard to the seamen of

the United States cruiser _Baltimore_, who have been tried on account

of the deplorable conduct which took place, etc.

The noticeable point here is that our sailors had been tried before

the 22d of October, and that the trial resulted in their acquittal and

return to their vessel. It is quite remarkable and quite characteristic

of the management of this affair by the Chilean police authorities that

we should now be advised that Seaman Davidson, of the _Baltimore_, has

been included in the indictment, his offense being, so far as I have

been able to ascertain, that he attempted to defend a shipmate against

an assailant who was striking at him with a knife. The perfect

vindication of our men is furnished by this report. One only is found

to have been guilty of criminal fault, and that for an act clearly

justifiable.

As to the part taken by the police in the affair, the case made by Chile

is also far from satisfactory. The point where Riggin was killed is only

three minutes' walk from the police station, and not more than twice

that distance from the _intendencia_; and yet according to their

official report a full half hour elapsed after the assault began before

the police were upon the ground. It has been stated that all but two of

our men have said that the police did their duty. The evidence taken at

Mare Island shows that if such a statement was procured from our men it

was accomplished by requiring them to sign a writing in a language they

did not understand and by the representation that it was a mere

declaration that they had taken no part in the disturbance. Lieutenant

McCrea, who acted as interpreter, says in his evidence that when our

sailors were examined before the court the subject of the conduct of the

police was so carefully avoided that he reported the fact to Captain

Schley on his return, to the vessel.

The evidences of the existence of animosity toward our sailors in

the minds of the sailors of the Chilean navy and of the populace of

Valparaiso are so abundant and various as to leave no doubt in the mind

of anyone who will examine the papers submitted. It manifested itself

in threatening and insulting gestures toward our men as they passed

the Chilean men-of-war in their boats and in the derisive and abusive

epithets with which they greeted every appearance of an American sailor

on the evening of the riot. Captain Schley reports that boats from the

Chilean war ships several times went out of their course to cross the

bows of his boats, compelling them to back water. He complained of the

discourtesy, and it was corrected. That this feeling was shared by men

of higher rank is shown by an incident related by Surgeon Stitt, of

the _Baltimore_. After the battle of Placilla he, with other medical

officers of the war vessels in the harbor, was giving voluntary

assistance to the wounded in the hospitals. The son of a Chilean army

officer of high rank was under his care, and when the father discovered

it he flew into a passion and said he would rather have his son die than

have Americans touch him, and at once had him removed from the ward.

This feeling is not well concealed in the dispatches of the foreign

office, and had quite open expression in the disrespectful treatment of

the American legation. The Chilean boatmen in the bay refused, even for

large offers of money, to return our sailors, who crowded the Mole,

to their ship when they were endeavoring to escape from the city on

the night of the assault. The market boats of the _Baltimore_ were

threatened, and even quite recently the gig of Commander Evans, of

the _Yorktown_, was stoned while waiting for him at the Mole.

The evidence of our sailors clearly shows that the attack was expected

by the Chilean people, that threats had been made against our men, and

that in one case, somewhat early in the afternoon, the keeper of one

house into which some of our men had gone closed his establishment in

anticipation of the attack, which he advised them would be made upon

them as darkness came on.

In a report of Captain Schley to the Navy Department he says:

In the only interview that I had with Judge Foster, who is

investigating the case relative to the disturbance, before he was aware

of the entire gravity of the matter, he informed me that the assault

upon my men was the outcome of hatred for our people among the lower

classes because they thought we had sympathized with the Balmaceda

Government on account of the _Itata_ matter, whether with reason or

without he could of course not admit; but such he thought was the

explanation of the assault at that time.

Several of our men sought security from the mob by such complete or

partial changes in their dress as would conceal the fact of their being

seamen of the _Baltimore_, and found it then possible to walk the

streets without molestation. These incidents conclusively establish that

the attack was upon the uniform--the nationality--and not upon the men.

The origin of this feeling is probably found in the refusal of this

Government to give recognition to the Congressional party before it

had established itself, in the seizure of the _Itata_ for an alleged

violation of the neutrality law, in the cable incident, and in the

charge that Admiral Brown conveyed information to Valparaiso of the

landing at Quinteros. It is not my purpose to enter here any defense of

the action of this Government in these matters. It is enough for the

present purpose to say that if there was any breach of international

comity or duty on our part it should have been made the subject of

official complaint through diplomatic channels or for reprisals for

which a full responsibility was assumed. We can not consent that these

incidents and these perversions of the truth shall be used to excite

a murderous attack upon our unoffending sailors and the Government

of Chile go aquit of responsibility. In fact, the conduct of this

Government during the war in Chile pursued those lines of international

duty which we had so strongly insisted upon on the part of other nations

when this country was in the throes of a civil conflict. We continued

the established diplomatic relations with the government in power until

it was overthrown, and promptly and cordially recognized the new

government when it was established. The good offices of this Government

were offered to bring about a peaceful adjustment, and the interposition

of Mr. Egan to mitigate severities and to shelter adherents of the

Congressional party was effective and frequent. The charge against

Admiral Brown is too base to gain credence with anyone who knows his

high personal and professional character.

Recurring to the evidence of our sailors, I think it is shown that there

were several distinct assaults, and so nearly simultaneous as to show

that they did not spread from one point. A press summary of the report

of the fiscal shows that the evidence of the Chilean officials and

others was in conflict as to the place of origin, several places being

named by different witnesses as the locality where the first outbreak

occurred. This if correctly reported shows that there were several

distinct outbreaks, and so nearly at the same time as to cause this

confusion. The La Patria, in the same issue from which I have already

quoted, after describing the killing of Riggin and the fight which from

that point extended to the Mole, says:

At the same time in other streets of the port the Yankee sailors fought

fiercely with the people of the town, who believed to see in them

incarnate enemies of the Chilean navy.

The testimony of Captain Jenkins, of the American merchant ship

_Keweenaw_, which had gone to Valparaiso for repairs, and who was a

witness of some part of the assault upon the crew of the _Baltimore_, is

strongly corroborative of the testimony of our own sailors when he says

that he saw Chilean sentries drive back a seaman seeking shelter upon

a mob that was pursuing him. The officers and men of Captain Jenkins's

ship furnish the most conclusive testimony as to the indignities which

were practiced toward Americans in Valparaiso. When American sailors,

even of merchant ships, can only secure their safety by denying their

nationality, it must be time to readjust our relations with a government

that permits such demonstrations.

As to the participation of the police, the evidence of our sailors shows

that our men were struck and beaten by police officers before and after

arrest, and that one at least was dragged with a lasso about his neck by

a mounted policeman. That the death of Riggin was the result of a rifle

shot fired by a policeman or soldier on duty is shown directly by the

testimony of Johnson, in whose arms he was at the time, and by the

evidence of Charles Langen, an American sailor, not then a member of

the _Baltimore's_ crew, who stood close by and saw the transaction. The

Chilean authorities do not pretend to fix the responsibility of this

shot upon any particular person, but avow their inability to ascertain

who fired it further than that it was fired from a crowd. The character

of the wound as described by one of the surgeons of the _Baltimore_

clearly supports his opinion that it was made by a rifle ball, the

orifice of exit being as much as an inch or an inch and a quarter in

width. When shot the poor fellow was unconscious and in the arms of a

comrade, who was endeavoring to carry him to a neighboring drug store

for treatment. The story of the police that in coming up the street they

passed these men and left them behind them is inconsistent with their

own statement as to the direction of their approach and with their duty

to protect them, and is clearly disproved. In fact Riggin was not behind

but in front of the advancing force, and was not standing in the crowd,

but was unconscious and supported in the arms of Johnson when he was

shot.

The communications of the Chilean Government in relation to this

cruel and disastrous attack upon our men, as will appear from the

correspondence, have not in any degree taken the form of a manly and

satisfactory expression of regret, much less of apology. The event was

of so serious a character that if the injuries suffered by our men had

been wholly the result of an accident in a Chilean port the incident was

grave enough to have called for some public expression of sympathy and

regret from the local authorities. It is not enough to say that the

affair was lamentable, for humanity would require that expression even

if the beating and killing of our men had been justifiable. It is not

enough to say that the incident is regretted, coupled with the statement

that the affair was not of an unusual character in ports where foreign

sailors are accustomed to meet. It is not for a generous and sincere

government to seek for words of small or equivocal meaning in which

to convey to a friendly power an apology for an offense so atrocious

as this. In the case of the assault by a mob in New Orleans upon the

Spanish consulate in 1851, Mr. Webster wrote to the Spanish minister,

Mr. Calderon, that the acts complained of were "a disgraceful and

flagrant breach of duty and propriety," and that his Government "regrets

them as deeply as Minister Calderon or his Government could possibly

do;" that "these acts have caused the President great pain, and he

thinks a proper acknowledgment is due to Her Majesty's Government."

He invited the Spanish consul to return to his post, guaranteeing

protection, and offered to salute the Spanish flag if the consul should

come in a Spanish vessel. Such a treatment by the Government of Chile of

this assault would have been more creditable to the Chilean authorities,

and much less can hardly be satisfactory to a government that values its

dignity and honor.

In our note of October 23 last, which appears in the correspondence,

after receiving the report of the board of officers appointed by Captain

Schley to investigate the affair, the Chilean Government was advised of

the aspect which it then assumed and called upon for any facts in its

possession that might tend to modify the unfavorable impressions which

our report had created. It is very clear from the correspondence that

before the receipt of this note the examination was regarded by the

police authorities as practically closed. It was, however, reopened and

protracted through a period of nearly three months. We might justly have

complained of this unreasonable delay; but in view of the fact that the

Government of Chile was still provisional, and with a disposition to be

forbearing and hopeful of a friendly termination, I have awaited the

report, which has but recently been made.

On the 21st instant I caused to be communicated to the Government of

Chile by the American minister at Santiago the conclusions of this

Government after a full consideration of all the evidence and of every

suggestion affecting this matter, and to these conclusions I adhere.

They were stated as follows:

First. That the assault is not relieved of the aspect which the early

information of the event gave to it, viz, that of an attack upon the

uniform of the United States Navy having its origin and motive in a

feeling of hostility to this Government, and not in any act of the

sailors or of any of them.

Second. That the public authorities of Valparaiso flagrantly failed in

their duty to protect our men, and that some of the police and of the

Chilean soldiers and sailors were themselves guilty of unprovoked

assaults upon our sailors before and after arrest. He [the President]

thinks the preponderance of the evidence and the inherent probabilities

lead to the conclusion that Riggin was killed by the police or soldiers.

Third. That he [the President] is therefore compelled to bring the case

back to the position taken by this Government in the note of Mr. Wharton

of October 23 last * * * and to ask for a suitable apology and for some

adequate reparation for the injury done to this Government.

In the same note the attention of the Chilean Government was called to

the offensive character of a note addressed by Mr. Matta, its minister

of foreign affairs, to Mr. Montt, its minister at this capital, on the

11th ultimo. This dispatch was not officially communicated to this

Government, but as Mr. Montt was directed to translate it and to give

it to the press of the country it seemed to me that it could not pass

without official notice. It was not only undiplomatic, but grossly

insulting to our naval officers and to the executive department, as it

directly imputed untruth and insincerity to the reports of the naval

officers and to the official communications made by the executive

department to Congress. It will be observed that I have notified the

Chilean Government that unless this note is at once withdrawn and an

apology as public as the offense made I will terminate diplomatic

relations.

The request for the recall of Mr. Egan upon the ground that he was not

_persona grata_ was unaccompanied by any suggestion that could properly

be used in support of it, and I infer that the request is based upon

official acts of Mr. Egan which have received the approval of this

Government. But however that may be, I could not consent to consider

such a question until it had first been settled whether our

correspondence with Chile could be conducted upon a basis of mutual

respect.

In submitting these papers to Congress for that grave and patriotic

consideration which the questions involved demand I desire to say that

I am of the opinion that the demands made of Chile by this Government

should be adhered to and enforced. If the dignity as well as the

prestige and influence of the United States are not to be wholly

sacrificed, we must protect those who in foreign ports display the flag

or wear the colors of this Government against insult, brutality, and

death inflicted in resentment of the acts of their Government and not

for any fault of their own. It has been my desire in every way to

cultivate friendly and intimate relations with all the Governments of

this hemisphere. We do not covet their territory. We desire their peace

and prosperity. We look for no advantage in our relations with them

except the increased exchanges of commerce upon a basis of mutual

benefit. We regret every civil contest that disturbs their peace and

paralyzes their development, and are always ready to give our good

offices for the restoration of peace. It must, however, be understood

that this Government, while exercising the utmost forbearance toward

weaker powers, will extend its strong and adequate projection to its

citizens, to its officers, and to its humblest sailor when made the

victims of wantonness and cruelty in resentment not of their personal

misconduct, but of the official acts of their Government.

Upon information received that Patrick Shields, an Irishman and probably

a British subject, but at the time a fireman of the American steamer

_Keweenaw_, in the harbor of Valparaiso for repairs, had been subjected

to personal injuries in that city, largely by the police, I directed the

Attorney-General to cause the evidence of the officers and crew of that

vessel to be taken upon its arrival in San Francisco, and that testimony

is also herewith transmitted. The brutality and even savagery of the

treatment of this poor man by the Chilean police would be incredible if

the evidence of Shields was not supported by other direct testimony and

by the distressing condition of the man himself when he was finally able

to reach his vessel. The captain of the vessel says:

He came back a wreck, black from his neck to his hips from beating,

weak and stupid, and is still in a kind of paralyzed condition, and has

never been able to do duty since.

A claim for reparation has been made in behalf of this man, for while he

was not a citizen of the United States, the doctrine long held by us, as

expressed in the consular regulations, is:

The principles which are maintained by this Government in regard to

the protection, as distinguished from the relief, of seamen are well

settled. It is held that the circumstance that the vessel is American

is evidence that the seamen on board are such, and in every regularly

documented merchant vessel the crew will find their protection in the

flag that covers them.

I have as yet received no reply to our note of the 21st instant, but in

my opinion I ought not to delay longer to bring these matters to the

attention of Congress for such action as may be deemed appropriate.

BENJ. HARRISON.

EXECUTIVE MANSION, _January 25, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a communication

of the 23d instant from the Secretary of the Interior, submitting an

extract from the report of the commission appointed under the act of

January 12, 1891, entitled "An act for the relief of the Mission Indians

in the State of California," and other papers relating to the exchange

of lands with private individuals and the purchase of certain lands and

improvements for the use and benefit of the Mission Indians, with draft

of a bill to carry into effect the recommendations of said Mission

Commission.

I have approved the report of the Mission Commission, except as much as

relates to the purchase of lands from and exchange of lands with private

individuals, which is also approved subject to the condition that

Congress shall authorize the same.

The matter is presented with the recommendation for the early and

favorable action of Congress.

BENJ. HARRISON.

EXECUTIVE MANSION, _Washington, January 25, 1892_.

_To the Senate of the United States_:

Referring to a communication of June 11, 1890, concerning the adoption

by the Committee on Foreign Relations of a resolution respecting the

claim of William Webster against the Government of Great Britain, I

herewith transmit a report of the Secretary of State, with accompanying

documents, showing the action taken under that resolution.

BENJ. HARRISON.

EXECUTIVE MANSION, _Washington, January 25, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith a report of the Secretary of State, with

accompaniments, in relation to the claim of the representatives of the

late Hon. James Crooks, a British subject, against the Government of the

United States for the seizure of the steamer _Lord Nelson_ in 1812.

The favorable action of the Fiftieth and Fifty-first Congresses upon the

bills heretofore introduced for the relief of the claimants makes it

proper that I should recommend it anew for the consideration and final

disposition of the present Congress.

BENJ. HARRISON.

EXECUTIVE MANSION, _January 28, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith additional correspondence between this Government

and the Government of Chile, consisting of a note of M. Montt, the

Chilean minister at this capital, to Mr. Blaine, dated January 23; a

reply of Mr. Blaine thereto of date January 27, and a dispatch from

Mr. Egan, our minister at Santiago, transmitting the response of

Mr. Pereira, the Chilean minister of foreign affairs, to the note of

Mr. Blaine of January 21, which was received by me on the 26th instant.

The note of Mr. Montt to Mr. Blaine, though dated January 23, was not

delivered at the State Department until after 12 o'clock m. of the 25th,

and was not translated and its receipt notified to me until late in the

afternoon of that day.

The response of Mr. Pereira to our note of the 21st withdraws, with

acceptable expressions of regret, the offensive note of Mr. Matta of

the 11th ultimo, and also the request for the recall of Mr. Egan.

The treatment of the incident of the assault upon the sailors of the

_Baltimore_ is so conciliatory and friendly that I am of the opinion

that there is a good prospect that the differences growing out of

that serious affair can now be adjusted upon terms satisfactory to

this Government by the usual methods and without special powers from

Congress. This turn in the affair is very gratifying to me, as I am sure

it will be to the Congress and to our people. The general support of the

efforts of the Executive to enforce the just rights of the nation in

this matter has given an instructive and useful illustration of the

unity and patriotism of our people.

Should it be necessary I will again communicate with Congress upon the

subject.

BENJ. HARRISON.

EXECUTIVE MANSION, _February 2, 1892_.

_To the Senate of the United States_:

In reply to a resolution of the Senate of the 27th ultimo, requesting

the President "to advise the Senate as to what action, if any, has been

taken ... to cause careful soundings to be made between San Francisco,

Cal., and Honolulu ... for the purpose of determining the practicability

of laying a telegraphic cable between those two points, or between any

point on the Pacific coast and the Kingdom of the Hawaiian Islands,"

I inclose herewith a communication from the Secretary of the Navy, dated

January 30, 1892.

BENJ. HARRISON.

EXECUTIVE MANSION, _February 9, 1892_.

_To the House of Representatives_:

I transmit herewith, in answer to the resolution of the House of

Representatives of the 13th of January last, a report from the Secretary

of State and accompanying papers.[24]

BENJ. HARRISON.

[Footnote 24: Correspondence with Spain, Brazil, Salvador, and the

Dominican Republic relative to reciprocal trade relations; copies of

commercial arrangements entered into with those countries; list of

import and export duties imposed by Brazil, Salvador, and the Dominican

Republic, and by Spain with respect to Cuba and Puerto Rico.]

EXECUTIVE MANSION, _February 10, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith, as required by law, a communication of the 6th

instant from the Secretary of the Interior, with the report of the

Puyallup Indian Commission and accompanying papers.

BENJ. HARRISON.

EXECUTIVE MANSION, _February 16, 1892_.

_To the Senate and House of Representatives_:

There was passed by the last Congress "An act for the protection of the

lives of the miners in the Territories," which was approved by me on the

3d day of March, 1891. That no appropriation was made to enable me to

carry the act into effect resulted, I suppose, from the fact that it was

passed so late in the session. This law recognizes the necessity of a

responsible public inspection and supervision of the business of mining

in the interest of the miners, and is in line with the legislation of

most of the States.

The work of the miner has its unavoidable incidents of discomfort and

danger, and these should not be increased by the neglect of the owners

to provide every practicable safety appliance. Economies which involve

a sacrifice of human life are intolerable.

I transmit herewith memorials from several hundred miners working in the

coal mines in the Indian Territory, asking for the appointment of an

inspector under the act referred to. The recent frightful disaster at

Krebs, in that Territory, in which sixty-seven miners met a horrible

death, gives urgency to their appeal, and I recommend that a special

appropriation be at once made for the salaries and the necessary

expenses of the inspectors provided for in the law.

BENJ. HARRISON.

EXECUTIVE MANSION, _February 17, 1892_.

_To the Senate and House of Representatives_:

The Indian appropriation bill which was approved March 3, 1891, contains

the following provision:

And the sum of $2,991,450 be, and the same is hereby, appropriated,

out of any money in the Treasury not otherwise appropriated, to pay

the Choctaw and Chickasaw nations of Indians for all the right, title,

interest, and claim which said nations of Indians may have in and to

certain lands now occupied by the Cheyenne and Arapahoe Indians under

Executive order, said lands lying south of the Canadian River, and now

occupied by the said Cheyenne and Arapahoe Indians; said lands have

been ceded in trust by article 3 of the treaty between the United

States and said Choctaw and Chickasaw nations of Indians which was

concluded April 28, 1866, and proclaimed on the 10th day of August of

the same year, and whereof there remains, after deducting allotments as

provided by said agreement, a residue ascertained by survey to contain

2,393,160 acres; three-fourths of this appropriation to be paid to such

person or persons as are or shall be duly authorized by the laws of

said Choctaw Nation to receive the same, at such time and in such sums

as directed and required by the legislative authority of said Choctaw

Nation, and one-fourth of this appropriation to be paid to such person

or persons as are or shall be duly authorized by the laws of said

Chickasaw Nation to receive the same, at such times and in such sums as

directed and required by the legislative authority of said Chickasaw

Nation; this appropriation to be immediately available and to become

operative upon the execution by the duly appointed delegates of said

respective nations specially authorized thereto by law of releases and

conveyances to the United States of all the right, title, interest, and

claim of said respective nations of Indians in and to said land (not

including Greer County, which is now in dispute), in manner and form

satisfactory to the President of the United States; and said releases

and conveyances, when fully executed and delivered, shall operate to

extinguish all claim of every kind and character of said Choctaw and

Chickasaw nations of Indians in and to the tract of country to which

said releases and conveyances shall apply.

If this section had been submitted to me as a separate measure,

especially during the closing hours of the session, I should have

disapproved it; but as the Congress was then in its last hours a

disapproval of the general Indian appropriation bill, of which it was a

part, would have resulted in consequences so far-reaching and disastrous

that I felt it my duty to approve the bill. But as a duty was devolved

upon me by the section quoted, viz, the acceptance and approval of the

conveyances provided for, I have felt bound to look into the whole

matter, and in view of the facts which I shall presently mention to

postpone any Executive action until these facts could be submitted to

Congress. Very soon after the passage of the law it came to my knowledge

that the Choctaw Legislature had entered into an agreement with three

citizens of that tribe to pay to them as compensation for procuring this

legislation 25 per cent of any appropriation that might be made by

Congress. The amount to be secured by these three agents under this

agreement out of the three-fourths interest in the appropriation of the

Choctaw Nation is $560,896. I have information that a contract was made

by the Chickasaws to pay about 10 per cent of their one-fourth interest

to the agents and attorneys who represented them.

Within a month after the passage of the law R.J. Ward, one of the

agents, who was to divide with his associates the enormous sum to be

paid by the Choctaws, presented to me an affidavit dated April 4, 1891,

which is herewith submitted. It appears from his statement that the

action of the Choctaw Council in this matter was corruptly influenced

by the execution of certain notes signed by Ward for himself and his

associates in sums varying from $2,500 to $15,000. His associates deny

any knowledge of this, but the giving and existence of these notes is

not refuted. The statement of the two associates of Ward denying any

knowledge or participation in this fraud is also submitted, together

with other papers relating to the matter. Whatever may be the fact as to

the use or nonuse of corrupt methods to secure this legislation from the

Choctaw Council, I do not think the Congress of the United States should

so legislate upon this matter as to give effect to such a contract,

which I am sure must have been unnoticed when the measure was pending.

If the relations of these Indians to the United States are those of a

ward, Congress should protect them from such extortionate exactions.

We can not assume that the expenses and services of a committee of three

persons to represent this claim before Congress should justly assume

such proportions. The making of such a contract seems to convey

implications which I am sure are wholly unjust.

After the passage of the appropriation bill legislation was had by the

Choctaw Nation looking to the completion of the contract made with their

delegates as to the payment of this money; but subsequently, when it

was supposed that this extraordinary arrangement might require me to

bring the matter to the attention of Congress, an act was passed by

the Choctaw General Council, approved October 19, 1891, declaring all

contracts made by the Choctaw delegates with any attorneys in connection

with this appropriation void and of no effect. A copy of this law will

be found with the papers submitted. There has also been submitted to me

an unofficial copy of the opinion of the attorney-general of the Choctaw

Nation holding that this last legislation is unconstitutional and void.

I am of the opinion that if this appropriation is to stand provision

should be made for protecting these tribes against extortionate claims

for compensation in procuring action by Congress. Copies of the several

laws passed by the Choctaw Nation with reference to this matter will

be found in the accompanying papers. It will be noticed that the

distribution proposed is limited to Choctaws by blood, excluding the

freedmen and the white men who have been given full citizenship from any

participation. A protest against this method of distribution has been

filed by a white citizen of the tribe, and also a representation by Hon.

Thomas C. Fletcher, their attorney, on behalf of the freedmen. In view

of the fact that the stipulations of the treaty of 1866 in behalf of

the freedmen of these tribes have not, especially in the case of the

Chickasaws, been complied with, it would seem that the United States

should in a distribution of this money have made suitable provision

in their behalf. The Chickasaws have steadfastly refused to admit the

freedmen to citizenship, as they stipulated to do in the treaty referred

to, and their condition in that tribe and in a lesser degree in the

other strongly calls for the protective intervention of Congress.

After a somewhat careful examination of the question I do not believe

that the lands for which this money is to be paid were, to quote the

language of section 15 of the Indian appropriation bill, already set

out, "ceded in trust by article 3 of the treaty between the United

States and said Choctaw and Chickasaw nations of Indians which was

concluded April 28, 1866," etc. It is agreed that that treaty contained

no express limitation upon the uses to which the United States might put

the territory known as the leased district. The lands were ceded by

terms sufficiently comprehensive to have passed the full title of the

Indians. The limitation upon the use to which the Government might put

them is sought to be found in a provision of the treaty by which the

United States undertook to exclude white settlers and in the expressions

found in the treaties made at the same time with the Creeks and other

tribes of the purpose of the United States to use the lands ceded by

those tribes for the settlement of friendly Indians.

The stipulation as to the exclusion of white settlers might well have

reference solely to the national lands retained by the Choctaw and

Chickasaw tribes, and the reason for the nonincorporation in the treaty

with them of a statement of the purpose of the Government in connection

with the use of the lands is well accounted for by the fact that as

to these lands the Government had already, under the treaty of 1855,

secured the right to use them perpetually for the settlement of friendly

Indians. This was not true as to the lands of the other tribes referred

to. The United States paid to the Choctaws and Chickasaws $300,000, and

the failure to insert the words that are called words of limitation

in this treaty points, I think, clearly to the conclusion that the

commissioners on the part of the Government and the Indians themselves

must have understood that this Government was acquiring something

more than a mere right to settle friendly Indians, which it already

possessed, and something more than the mere release of the right which

the Choctaws and Chickasaws had under the treaty of 1855 to select

locations on these lands if they chose.

Undoubtedly it was the policy of this Government for the time to

hold these and the adjacent lands as Indian country, and many of the

expressions in the proclamations of my predecessors and in the reports

of the Indian Bureau and of the Secretary of the Interior mean this and

nothing more. This is quite different from a conditional title, which

limits the grant to a particular use and works a reinvestment of full

title in the Indian grantors when that use ceases. But those who hold

most strictly that a use for Indian purposes, where it is expressed,

is a limitation of title seem to agree that the United States might

pass a fee absolute to other Indian tribes in the lands ceded for their

occupancy. Certainly it was not intended that in settling friendly

Indians upon these lands the Government was to be restrained in its

policy of allotment and individual ownership. If for an adequate

consideration, by treaty, the United States placed upon these lands

other Indian tribes, it was competent to give them patents in fee for

a certain and agreed reservation. This being so, when the policy of

allotment is put into force the compensation for the unused lands should

certainly go to the occupying tribe, which in the case supposed had paid

a full consideration for the whole reservation.

It will hardly be contended that in such case this Government should

pay twice for the lands. In the appropriation under discussion this

principle is in part recognized, for no claim is made by the Choctaws

and Chickasaws for the lands allotted to the Cheyennes and Arapahoes.

The claim is for unallotted or surplus lands. The case of the Cheyennes

and Arapahoes is this: In consideration of other lands the Government

gave them a treaty reservation in the Cherokee Outlet, but never

perfected it by paying the Cherokees the stipulated price and placing

these Indians upon it. The Cheyennes and Arapahoes declined to go upon

the strip and located themselves farther south, where they now are. The

Government subsequently recognized their right to remain there, and set

apart the lands now being allotted to members of that tribe and the

lands for which payment is now claimed by the Choctaws and Chickasaws as

the Cheyenne and Arapahoe Reservation. I think the United States must be

held to have assented to the substitution of these lands for the treaty

lands in the Cherokee Strip, and that being true, when the reservation

is broken up, as now, by allotments, it would seem that the Cheyennes

and Arapahoes were entitled to be compensated for these surplus lands.

In fact, a commission which has been dealing with the tribes in the

Indian Territory has concluded an arrangement with them by which the

Government pays $1,500,000 for these surplus lands and for the release

of any claim to the Cherokee Strip, so that in fact in this agreement

with the Cheyennes and Arapahoes the Government has paid for the lands

for which payment is now claimed by the Choctaws and Chickasaws.

It should not be forgotten also that the allotment to the Cheyennes and

Arapahoes is still incomplete. The method of calculation which resulted

in stating the claim of the Choctaws and Chickasaws at $2,991,450 is

explained by a letter of Mr. J.S. Standley, one of the Choctaw

delegates, dated April 6, 1891. The agent for the Cheyennes and

Arapahoes wrote Mr. Standley that there were 600 Indians residing upon

the lands south of the Canadian River, and who it was supposed would

take allotments there, and upon this statement the legislation was

based. Now it must be borne in mind that the Cheyennes and Arapahoes

have the right to locate anywhere within their reservation, and that

instead of 600 double that number might have taken their allotments

south of the Canadian River upon these lands. This is not probable, but

a later report indicates that the number will certainly be in excess of

600. If the sum to be paid to the Choctaws and Chickasaws depended

upon a knowledge of the number of acres of unallotted land south of

the Canadian River, it would seem to have been reasonable that the

appropriation should have been delayed until the exact number of acres

taken for allotment had been officially ascertained. This has not yet

been done.

It is right also, I think, that Congress in dealing with this matter

should have the whole question before it, for the declaration of Indian

title contained in this item of appropriation extends to a very large

body of land and will involve very large future appropriations. The

Choctaw and Chickasaw leased district, embracing the lands in the Indian

Territory between the ninety-eighth and one hundredth degrees of west

longitude and extending north and south from the main Canadian River to

the Red River, including Greer County, contains, according to the public

surveys, 7,713,239 acres, or, excluding Greer County, 6,201,663 acres.

This leased district is occupied as follows:

Greer County, by white citizens of Texas, 1,511,576 acres. The United

States is now prosecuting a case in the courts to obtain a judicial

declaration that this county is part of the Indian country. If a

decision should be rendered in its favor, the claim of the Choctaws

and Chickasaws to be paid for these lands at the rate named in this

appropriation would at once be presented.

The Wichita Reservation is also upon the leased lands and is occupied

by the Wichitas, Caddoes, Delawares, and remnants of other tribes by

Department orders, made to depend upon the treaty with the Delawares in

1866 and some other unratified agreements with tribes or fragments of

tribes in 1872. This reservation contains 743,610 acres.

The Kiowa, Comanche, and Apache Reservation is occupied by those Indians

under a treaty proclaimed August 25, 1868, which provides that said

district of country "shall be, and the same is hereby, set apart for the

absolute and undisturbed use and occupation of the tribes herein named,

and for such friendly tribes or individual Indians as from time to time

they may be willing (with the consent of the United States) to admit

among them." This reservation contains 2,968,893 acres.

The Cheyennes and Arapahoes, whose surplus lands are to be paid for by

this appropriation, have occupied the country between the Washita and

Canadian rivers, extending west to the one hundredth degree of

longitude. This reservation contains 2,489,160 acres.

I have stated these facts in order that it may be seen what further

appropriations are involved in a settlement for all these lands upon the

basis which Congress has adopted. It does not seem to me to be a wise

policy to deal with this question piecemeal. It would have been better,

if a remnant of title remains in the Choctaws and Chickasaws to the

lands in the leased district, to have settled the whole matter at once.

Under the treaty of 1855 the Choctaws and Chickasaws quitclaimed any

supposed interest of theirs in the lands west of the one hundredth

degree. The boundary between the Louisiana purchase and the Spanish

possessions by our treaty of 1819 with Spain was as to these lands fixed

upon the one hundredth degree of west longitude.

Our treaty with the Choctaws and Chickasaws made in 1820 extended their

grant to the limit of our possessions. It followed, of course, that

these lands were included within the boundaries of the State of Texas

when that State was admitted to the Union, and the release of the

Choctaws and Chickasaws, whatever it was worth, operated for the benefit

of the State of Texas and not of the United States. The lands became

public lands of that State. For the release of this claim and for the

lease of the lands west of the ninety-eighth degree the Government of

the United States paid the sum of $800,000. In the calculations which

have been made to arrive at the basis of the appropriation under

discussion no part of this sum is treated as having been paid for the

lease. I do not think that is just to the United States. It seems

probable that a very considerable part of this consideration must have

related to the leased lands, because these were the lands in which the

Indian title was recognized, and the treaty gave to the United States a

permanent right of occupation by friendly Indians. The sum of $300,000,

paid under the treaty of 1866, is deducted, as I understand, in arriving

at the sum appropriated. It seems to me that a considerable proportion

of the sum of $800,000 previously paid should have been deducted in the

same manner.

I have felt it to be my duty to bring these matters to the attention of

Congress for such action as may be thought advisable.

BENJ. HARRISON.

EXECUTIVE MANSION, _February 24, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith, for the information of Congress, the annual report

of the World's Columbian Commission; a supplementary report of the

same commission, submitted February 16, 1892; the report of the board

appointed by me under section 16 of the act of April 25, 1890, to have

charge of the exhibit to be made by the Executive Departments, the

Smithsonian Institution, the Fish Commission, and the National Museum;

and the report of the board of lady managers, provided for by section

6 of the act referred to.

The information furnished by these reports as to the progress of the

work is not only satisfactory, but highly gratifying. The plan and scope

adopted and the site and buildings selected and now being erected are

fully commensurate with the national and international character of the

enterprise contemplated by the legislation of Congress. The Illinois

corporation has fully complied with the condition of the law that

$10,000,000 should be provided, and the Government commission reports

that "the grounds and buildings will be the most extensive, adequate,

and ornate ever devoted to such purposes." It seems, however, that from

five to eight millions of dollars more will, in the opinion of the

local board and the national commission, be necessary to prepare the

exposition for a complete and successful inauguration. It will be

noticed from the reports that it was first proposed by the local

commission to ask of Congress a loan of $5,000,000, to be repaid from

receipts, and that the national commission approved this suggestion.

Subsequently the Illinois exposition corporation reconsidered its action

and determined to ask a subscription of $5,000,000.

The supplementary report of the national commission seems to approve

this amended proposition. I have not myself that detailed information as

to the financial necessities of the enterprise which would enable me to

form an independent judgment of the additional amount necessary, and am

not, therefore, prepared to make any specific recommendation to Congress

upon the subject. The committees of Congress having this matter in

charge will undoubtedly obtain full and accurate information before

final action. The exposition, notwithstanding the limitations which

the act contains, is an enterprise to which the United States is so

far committed that Congress ought not, I think, to withhold just and

reasonable further support if the local corporation consents to proper

conditions.

Liberality on the part of the United States is due to the foreign

nations that have responded in a friendly way to the invitation of this

Government to participate in the exposition, and will, I am sure, meet

the approval of our people. The exposition will be one of the most

illustrious incidents in our civic history.

I transmit also certain resolutions adopted by representatives of the

National Guard of the various States appointed by the governors to

attend a convention which was held in Chicago on the 27th of October,

1891, with a view to consider the subject of holding a military

encampment at Chicago during the exposition.

BENJ. HARRISON.

EXECUTIVE MANSION, _February 25, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith copy of a memorial of the Wichitas, Caddoes, and

affiliated tribes of Indians in Oklahoma Territory in the matter of

their claim to the lands they occupy, for consideration in connection

with the agreement concluded by and between the Cherokee Commission and

said Indians, and also with my communication of the 17th instant,[25]

relative to the act to pay the Choctaw and Chickasaw Indians for certain

lands now occupied by the Cheyenne and Arapahoe Indians.

BENJ. HARRISON.

[Footnote 25: See pp. 229-234.]

EXECUTIVE MANSION, _Washington, March 8, 1892_.

_To the Senate_:

I herewith transmit, with a view to its ratification, a convention

signed at Washington the 29th of February, 1892, between the Governments

of the United States and Her Britannic Majesty, submitting to

arbitration the questions which have arisen between those Governments

concerning the jurisdictional rights of the United States in the waters

of the Bering Sea, and concerning also the preservation of the fur seal

in and habitually resorting to the said sea and the rights of the

citizens and subjects of either country as regards the taking of fur

seal in or habitually resorting to the said waters.

The correspondence not heretofore submitted to Congress in relation to

the Bering Sea matter is in course of preparation and will be

transmitted without delay.

BENJ. HARRISON.

EXECUTIVE MANSION, _March 9, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith, for the consideration of Congress, a communication

of the 5th instant from the Secretary of the Interior, submitting the

agreement concluded by and between the commissioners for the United

States and the Cherokee Nation of Indians of the Indian Territory, for

the cession of certain lands and for other purposes.

BENJ. HARRISON.

EXECUTIVE MANSION, _Washington, March 18, 1892_.

_To the Senate_:

I herewith transmit, in answer to the resolution of the Senate of the 3d

ultimo, a report from the Acting Secretary of State of the 17th instant,

transmitting information relative to and his opinion as to the purchase

of the unpublished correspondence and manuscripts of President James

Monroe.

BENJ. HARRISON.

EXECUTIVE MANSION, _March 24, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith a communication from the Board of Commissioners of

the District of Columbia, accompanied by a letter from the chairman of

the executive committee organized by the citizens of Washington for the

reception and entertainment of the Twenty-sixth Annual Encampment of the

Grand Army of the Republic, which is to be held in Washington during

September next. An appeal is made for an appropriation by Congress of

$100,000, one-half to be paid out of the District revenues, to aid in

defraying the expenses attending this reception.

The event is one of very high and, as I believe, of national interest,

and the attendance of the surviving Union soldiers will, I do not doubt,

be larger than at any annual encampment that has ever been held.

The public authorities of the cities or States, or both, in which

the encampments have been held have, I believe, usually appropriated

liberally to make the occasions worthy and the entertainment hospitable.

The parade of the survivors of our great armies upon Pennsylvania avenue

will bring vividly back to us those joyful and momentous days when the

great victorious armies of the East and of the West marched through the

streets of Washington in high parade and were received by our citizens

with joyful acclaim. It seems to me that it will be highly appropriate

for Congress suitably to aid in making this demonstration impressive and

in extending to those soldiers whose lives a beneficent Providence has

prolonged an opportunity to see in the security and peace, development

and prosperity, which now so happily pervade the national capital the

fruits of their sacrifice and valor.

BENJ. HARRISON.

EXECUTIVE MANSION, _April 1, 1892_.

_To the Senate of the United States_:

In compliance with a resolution of the 30th ultimo, the House of

Representatives concurring, I return herewith the bill (S. 1057)

entitled "An act to punish the unlawful appropriation of the use of

the property of another in the District of Columbia."

BENJ. HARRISON.

EXECUTIVE MANSION, _Washington, April 1, 1892_.

_To the Senate_:

I herewith transmit, in answer to the resolutions of the Senate of the

16th and 21st ultimo, a report from the Acting Secretary of State, with

accompanying statistics, showing the duties imposed by the Governments

of Venezuela and Colombia upon products of the United States imported

into these countries.

BENJ. HARRISON.

EXECUTIVE MANSION, _Washington, April 4, 1892_.

_To the Senate_:

I transmit, in reply to the resolution of the Senate passed in executive

session on March 14, 1892, a report from the Secretary of State, with

accompanying documents, in relation to the correspondence relating to

the nonacceptance of Hon. Henry W. Blair as minister of the United

States to the Government of China.

BENJ. HARRISON.

EXECUTIVE MANSION, _April 12, 1892_.

_To the Senate_:

I transmit, in reply to the resolution of the Senate under date

of December 15, 1891, a report from the Secretary of State, with

accompanying documents, in relation to the correspondence had with

regard to the impressment into its service and punishment by the

Government of Italy of Nicolino Mileo, a naturalized citizen of the

United States.

BENJ. HARRISON.

EXECUTIVE MANSION, _April 14, 1892_.

_To the Senate_:

I herewith transmit, in response to the resolution passed in the Senate

on the 10th of March, 1892, a report of the Secretary of State and the

accompanying correspondence, had in relation to the claim of the

Venezuela Steam Transportation Company for the said company's relief.

BENJ. HARRISON.

EXECUTIVE MANSION, _April 26, 1892_.

_To the Senate_:

I have received the resolution of the Senate of April 23, requesting

that, if not incompatible with the public interest, I inform the Senate

what steps have been taken toward the securing of an international

conference to consider the question of the free coinage of silver at

the mints of the nations participating in such conference, or as to the

enlarged use of silver in the currency system of said countries, and

that I transmit to the Senate any correspondence between the United

States and other governments upon the subject, and in response thereto

beg respectfully to inform the Senate that in my opinion it would not

be compatible with the public interest to lay before the Senate at this

time the information requested, but that at the earliest moment after

definite information can properly be given all the facts and any

correspondence that may take place will be submitted to Congress.

It may not be inappropriate, however, to say here that, believing that

the full use of silver as a coined metal upon an agreed ratio by the

great commercial nations of the world would very highly promote the

prosperity of all their people, I have not and will not let any

favorable opportunity pass for the promotion of that most desirable

result, or, if free international silver coinage is not presently

attainable, then to secure the largest practicable use of that metal.

BENJ. HARRISON.

EXECUTIVE MANSION, _May 11, 1892_.

_To the House of Representatives_:

In compliance with the resolution of the House of Representatives, the

Senate concurring, I return herewith the bill (H.R. 3927) entitled

"An act to amend 'An act to provide for the performance of the duties

of the office of President in case of the removal, death, resignation,

or inability both of the President and Vice-President,' approved

January 19, 1886."

BENJ. HARRISON.

EXECUTIVE MANSION, _May 11, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith the seventh annual report of the Commissioner of

Labor, which report relates to the cost of producing textiles and glass

in the United States and in Europe. It also comprehends the wages and

the cost of living of persons employed in the textile and glass

industries.

BENJ. HARRISON.

EXECUTIVE MANSION, _May 25, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith a communication of the Secretary of War, dated May

24, from which and from the accompanying papers it appears that the late

General George W. Cullum, of the United States Army, has by will devised

$250,000 to the Government of the United States for the erection of a

memorial hall upon the grounds of the Military Academy at West Point, to

be used as a "receptacle of statues, busts, mural tablets, and portraits

of distinguished deceased officers and graduates of the Military

Academy, of paintings of battle scenes, trophies of war, and such other

objects as may tend to give elevation to the military profession."

This ample and patriotic gift is hampered by no conditions and involves

no appropriation beyond the sum so generously donated.

The executors in order to facilitate action have prepared, and the same

is herewith submitted, the outline of a bill to carry into effect the

provisions of General Cullum's will.

There can be no occasion to urge upon Congress the immediate enactment

of a suitable law to carry into effect the patriotic purpose expressed

in the will.

I suggest that in the bill itself, or by a separate joint resolution,

suitable expression be given of the public appreciation of this crowning

service to the military profession and to his country rendered by

General Cullum.

BENJ. HARRISON.

EXECUTIVE MANSION, _May 25, 1892_.

_To the Senate and House of Representatives_:

In accordance with the provisions of section 4119 of the Revised

Statutes of the United States, I lay before you for revision a copy of

the regulations for the consular courts of the United States in Korea,

as decreed by the minister of this Government at Seoul March 31, 1892. I

also transmit an accompanying report by the Acting Secretary of State.

BENJ. HARRISON.

EXECUTIVE MANSION, _June 20, 1892_.

_To the Senate of the United States_:

The following resolution was passed by the Senate on the 24th day of

February last:

_Resolved_, That the President be requested, if in his opinion not

incompatible with the public interests, to inform the Senate of the

proceedings recently had with the representatives of the Dominion of

Canada and of the British Government as to arrangements for reciprocal

trade between Canada and the United States.

In response thereto I now submit the following information:

On the 15th day of April last the Secretary of State submitted to me a

report, which is herewith transmitted. Shortly after the report came

into my possession I was advised by the Secretary that the British

minister at this capital had informed him that the Canadian government

desired a further conference on the subject of the discriminating canal

tolls of which this country had complained. This information was

accompanied by the suggestion that a response to the resolution of the

Senate might properly be delayed until this further conference was held.

On the 3d instant the British minister, in connection with Hon.

MacKenzie Bowell and Hon. George E. Foster, members of the Canadian

ministry, were received by the Secretary of State and a further

conference took place. In both of the conferences referred to Hon. John

W. Foster, at the request of the Secretary of State, appeared with him

on behalf of this Government; and the report of the latter conference

was submitted to me on the 6th instant by Mr. Foster, and is herewith

transmitted. The result of the conference as to the practicability of

arranging a reciprocity treaty with the Dominion of Canada is clearly

stated in the letter of Mr. Blaine, and was anticipated, I think, by him

and by every other thoughtful American who had considered the subject.

A reciprocity treaty limited to the exchange of natural products would

have been such only in form. The benefits of such a treaty would have

inured almost wholly to Canada. Previous experiments on this line had

been unsatisfactory to this Government. A treaty that should be

reciprocal in fact and of mutual advantages must necessarily have

embraced an important list of manufactured articles and have secured to

the United States a free or favored introduction of these articles into

Canada as against the world; but it was not believed that the Canadian

ministry was ready to propose or assent to such an arrangement. The

conclusion of the Canadian commissioners is stated in the report of

Mr. Blaine as follows:

In the second place, it seemed to be impossible for the Canadian

government, in view of its present political relations and obligations,

to extend to American goods a preferential treatment over those of

other countries. As Canada was a part of the British Empire, they did

not consider it competent for the Dominion government to enter into

any commercial arrangement with the United States from the benefits of

which Great Britain and its colonies should be excluded.

It is not for this Government to argue against this announcement of

Canadian official opinion. It must be accepted, however, I think, as

the statement of a condition which places an insuperable barrier in

the way of the attainment of that large and beneficial intercourse and

reciprocal trade which might otherwise be developed between the United

States and the Dominion.

It will be noticed that Mr. Blaine reports as one of the results of the

conference "an informal engagement to repeal and abandon the drawback

of 18 cents a ton given to wheat (grain) that is carried through to

Montreal and shipped therefrom to Europe. By the American railways

running from Ogdensburg and Oswego and other American ports the shippers

paid the full 20 cents a ton, while in effect those by the way of

Montreal pay only 2 cents. It was understood that the Canadian

commissioners, who were all three members of the cabinet, would see to

the withdrawal of this discrimination."

From the report of the recent conference by Mr. Foster it will be

seen that the Canadian commissioners declare that this statement does

not conform to their understanding, and that the only assurance they

had intended to give was that the complaint of the Government of the

United States should be taken into consideration by the Canadian

ministry on their return to Ottawa. Mr. Foster, who was present at the

first conference, confirms the statements of Mr. Blaine. While this

misunderstanding is unfortunate, the more serious phase of the situation

is that instead of rescinding the discriminating canal tolls of which

this Government complains the Canadian ministry, after the return of

the commissioners from their visit to Washington, on April 4, reissued,

without any communication with this Government, the order continuing

the discrimination, by which a rebate of 18 cents a ton is allowed upon

grain going to Montreal, but not to American ports, and refusing this

rebate even to grain going to Montreal if transshipped at an American

port.

The report of Mr. Partridge, the Solicitor of the Department of State,

which accompanies the letter of the Secretary of State, states these

discriminations very clearly. That these orders as to canal tolls and

rebates are in direct violation of Article XXVII of the treaty of

1871 seems to be clear. It is wholly evasive to say that there is no

discrimination between Canadian and American vessels; that the rebate

is allowed to both without favor upon grain carried through to Montreal

or transshipped at a Canadian port to Montreal. The treaty runs:

To secure to the citizens of the United States the use of the Welland,

St. Lawrence, and other canals in the Dominion on terms of equality

with the inhabitants of the Dominion.

It was intended to give to consumers in the United States, to our people

engaged in railroad transportation, and to those exporting from our

ports equal terms in passing their merchandise through these canals.

This absolute equality of treatment was the consideration for

concessions on the part of this Government made in the same article of

the treaty, and which have been faithfully kept.

It is a matter of regret that the Canadian government has not responded

promptly to our request for the removal of these discriminating tolls.

The papers submitted show how serious the loss inflicted is upon our

lake vessels and upon some of our lake ports. In view of the fact that

the Canadian commissioners still contest with us the claim that these

tolls are discriminating and insist that they constitute no violation

of the letter or spirit of Article XXVII of the treaty, it would seem

appropriate that Congress, if the view held by the Executive is

approved, should with deliberation and yet with promptness take such

steps as may be necessary to secure the just rights of our citizens.

In view of the delays which have already taken place in transmitting

this correspondence to Congress, I have not felt justified in awaiting

the further communication from the government of Canada which was

suggested in the recent conference.

Should any proposition relating to this matter be received it will

be immediately submitted for the consideration of the Senate, and if

forwarded within the time suggested will undoubtedly anticipate any

final action by Congress.

BENJ. HARRISON.

EXECUTIVE MANSION, _June 20, 1802_.

_To the Senate_:

In response to the resolution of the Senate dated March 14, 1892,

requesting that certain specified correspondence in regard to the claim

of Antonio Maximo Mora against the Government of Spain be communicated

to it; if not incompatible with the public interests, I transmit

herewith the report of the Acting Secretary of State on the matter.

BENJ. HARRISON.

EXECUTIVE MANSION, _June 27, 1892_.

_To the Senate_:

In response to the resolution of the Senate dated April 6, 1892,

directing the Secretary of State to send to the Senate, if not

incompatible with the public interests, copies of all commercial

agreements made with other countries, and also to report what steps have

been taken to negotiate a reciprocal commercial treaty with Mexico,

I submit herewith the reply of the Acting Secretary of State to that

resolution.

BENJ. HARRISON.

EXECUTIVE MANSION, _July 1, 1892_.

_To the Senate_:

For the information of the Senate and in further response to the

resolution of the Senate of February 24 last, I transmit herewith

a communication of the 24th ultimo from Mr. Herbert, the acting

representative of the British Government at this capital, addressed to

Mr. Wharton, Acting Secretary of State, upon the subject of Canadian

canal tolls; also a memorandum prepared and submitted to me by Mr. Adee,

Second Assistant Secretary of State, reviewing the communication of Mr.

Herbert, and a letter of the 28th ultimo from Mr. John W. Foster, who,

as I have previously stated, with Mr. Blaine represented this Government

in the conferences with the Canadian commissioners.

The position taken by this Government, as expressed in my previous

communication to the Senate, that the canal tolls and regulations of

which complaint has been made are in violation of our treaty with Great

Britain, is not shaken, but rather confirmed.

There can be no doubt that a serious discrimination against our

citizens and our commerce exists, and quite as little doubt that this

discrimination is not the incident but the purpose of the Canadian

regulation.

It has not seemed to me that this was a case in which we could yield to

the suggestion of further concessions on the part of the United States

with a view to securing treaty rights for which a consideration has

already been given.

BENJ. HARRISON.

EXECUTIVE MANSION, _July 21, 1892_.

_To the Senate and House of Representatives_:

I herewith transmit, for the information of Congress, a communication

from the Secretary of State, forwarding certain bulletins of the

American Republics.

BENJ. HARRISON.

EXECUTIVE MANSION, _Washington, July 23, 1892_.

_To the Senate of the United States_:

I transmit, in reply to the resolution of the Senate passed in

executive session on the 21st instant and addressed to the Secretary of

State, a report of that officer, with accompanying documents, in further

relation to the nonacceptance of the Hon. Henry W. Blair as minister of

the United States to the Government of China, which question was the

occasion of my recent message to the Senate of the 4th of April

last.[26]

BENJ. HARRISON.

[Footnote 26: See p. 238.]

EXECUTIVE MANSION, _July 25, 1892_.

_To the Senate_:

I herewith transmit, in reply to the resolution of the Senate of June 6,

1892, a report from the Secretary of State, with its accompanying

papers, in relation to guano deposits on Areas Cays or Islands.

BENJ. HARRISON.

WASHINGTON, D.C., _July 27, 1892_.

_To the Senate and House of Representatives_:

I transmit herewith, with its accompaniments, a report from the

Secretary of the Navy of the Results of the survey made pursuant to

the act of March 2, 1891, "to enable the President to cause careful

soundings to be made between San Francisco, Cal., and Honolulu, in the

Kingdom of the Hawaiian Islands, for the purpose of determining the

practicability of the laying of a telegraphic cable between those

points."

BENJ. HARRISON.

VETO MESSAGES.

EXECUTIVE MANSION, _July 19, 1892_.

_To the Senate_:

I return herewith without my approval the bill (S. 2729) entitled

"An act to amend an act entitled 'An act to establish circuit courts of

appeals, and to define and regulate in certain cases the jurisdiction

of the courts of the United States, and for other purposes.'"

The original act to which this amendment is proposed, constituting an

intermediate court of appeals, had for its object the relief of the

Supreme Court by limiting the cases which might be brought up for

hearing in that court. The first section of the bill under consideration

allows appeals in criminal cases where the sentence imposes no

imprisonment and the fine is as much as $1,000. The effect of this

provision will be to bring to the Supreme Court many cases that in my

opinion should be finally determined in the intermediate appellate

court, and so in part to defeat the general purpose of Congress in

constituting the intermediate court. But this objection would not alone

have sufficient weight in my mind to induce me to return the bill.

A Compilation of the Messages and Papers of the Presidents. Volume 9, part 1: Benjamin Harrison · 第 12 / 18 章