Section 5 of the same rule is also hereby amended by inserting after

the word "vacancy" the following: "in any agency or;" so that as

amended the clause will read:

In case of the sudden occurrence of a vacancy in any agency or in any

school during a school term which the public interest requires to be

immediately filled the Commissioner of Indian Affairs is authorized, in

his discretion, to provide for the temporary filling of the same until

a regular appointment can be made under the provisions of sections 1,

2, and 3 of this rule, and when such regular appointment is made the

temporary appointment shall terminate. All temporary appointments made

under this authority and their termination shall at once be reported to

the Commission.

BENJ. HARRISON.

EXECUTIVE MANSION, _Washington, D.C., May 5, 1892_.

In the exercise of the authority vested in the President by the

seventeen hundred and fifty-third section of the Revised Statutes--

_It is ordered_, That the office of the United States Commission of Fish

and Fisheries be, and the same is hereby, classified as a part of the

classified departmental service and for the purpose of applying the

civil-service rules thereto the officers, clerks, and other employees of

said Commission are hereby arranged in the following classes, viz:

_Class A_.--All persons receiving an annual salary of less than $720, or a

compensation at the rate of less than $720 per annum.

_Class B_.--All persons receiving an annual salary of $720 or more, or a

compensation at the rate of $720 or more, but less than $840 per annum.

_Class C_.--All persons receiving an annual salary of $840 or more, or a

compensation at the rate of $840 or more, but less than $900 per annum.

_Class D_.--All persons receiving an annual salary of $900 or more, or

a compensation at the rate of $900 or more, but less than $1,000 per

annum.

_Class E_.--All persons receiving an annual salary of $1,000 or more, or

a compensation at the rate of $1,000 or more, but less than $1,200 per

annum.

_Class 1_.--All persons receiving an annual salary of $1,200 or more, or

a compensation at the rate of $1,200 or more, but less than $1,400 per

annum.

_Class 2_.--All persons receiving an annual salary of $1,400 or more, or

a compensation at the rate of $1,400 or more, but less than $1,600 per

annum.

_Class 3_.--All persons receiving an annual salary of $1,600 or more, or

a compensation at the rate of $1,600 or more, but less than $1,800 per

annum.

_Class 4_.--All persons receiving an annual salary of $1,800 or more, or

a compensation at the rate of $1,800 or more, but less than $2,000 per

annum.

_Class 5_.--All persons receiving an annual salary of $2,000 or more, or a

compensation at the rate of $2,000 per annum.

_Provided_, That no person who may be appointed to an office by and with

the advice and consent of the Senate, and that no person who may be

employed merely as a messenger, laborer, workman, or watchman, shall be

considered as within this classification, and no person so employed

shall be assigned to the duties of a classified place.

_Provided further_, That no person shall be admitted to any place

not excepted from examination by the civil-service rules in any of

the classes above designated until he or she shall have passed an

appropriate examination under the United States Civil Service Commission

and his or her eligibility has been certified to by said Commission.

BENJ. HARRISON.

CIVIL SERVICE.--AMENDMENT OF EXECUTIVE ORDERS.

MAY 7, 1892.

Executive orders heretofore issued declaring the places subject to

noncompetitive examination under clause (_d_) of section 2 of General

Rule III are hereby amended so as to include among said places the

following:

In the Commission of Fish and Fisheries: Fish culturists and

machinists.

BENJ. HARRISON.

AMENDMENT OF CIVIL-SERVICE RULES.

MAY 7, 1892.

Special Departmental Rule No. 1 is hereby amended so as to include among

the places excepted from examination therein the following:

In the Commission of Fish and Fisheries: Ichthyologist and editor, one

scientific assistant, captains, officers, ships writers and crews on

vessels of the Commission, and pilots.

BENJ. HARRISON.

SEPTEMBER 16, 1892.

In order that the members of the Grand Army of the Republic employed in

the public service in the city of Washington may have the opportunity

of joining in the parade arranged for Tuesday, the 20th of September

instant, and that all others may unite with the citizens of the District

of Columbia in showing honor to the Union soldiers and sailors to be

gathered in the national capital on that occasion--

_It is hereby ordered_, That the several Executive Departments and the

Public Printing Office be closed on that day.

By the President:

BENJ. HARRISON.

AMENDMENT OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, _September 23, 1892_.

Departmental Rule X, Customs Rule VII, Postal Rule VII, and Indian Rule

VII are hereby amended by inserting in the proviso of each of said

rules, after the word "therefrom," the words "or the widow of any such

person," and after the word "he" the words "or she;" so that as amended

the proviso of each of said rules will read:

_Provided_, That certification may be made, subject to the other

conditions of this rule, for the reinstatement of any person who served

in the military or naval service in the late War of the Rebellion and

was honorably discharged therefrom, or the widow of any such person,

without regard to the length of time he or she has been separated from

the service.

BENJ. HARRISON.

FOURTH ANNUAL MESSAGE.

EXECUTIVE MANSION, _December 6, 1892_.

_To the Senate and House of Representatives_:

In submitting my annual message to Congress I have great satisfaction in

being able to say that the general conditions affecting the commercial

and industrial interests of the United States are in the highest degree

favorable. A comparison of the existing conditions with those of the

most favored period in the history of the country will, I believe, show

that so high a degree of prosperity and so general a diffusion of the

comforts of life were never before enjoyed by our people.

The total wealth of the country in 1860 was $16,159,616,068. In 1890 it

amounted to $62,610,000,000, an increase of 287 per cent.

The total mileage of railways in the United States in 1860 was 30,626.

In 1890 it was 167,741, an increase of 448 per cent; and it is estimated

that there will be about 4,000 miles of track added by the close of the

year 1892.

The official returns of the Eleventh Census and those of the Tenth

Census for seventy-five leading cities furnish the basis for the

following comparisons:

In 1880 the capital invested in manufacturing was $1,232,839,670.

In 1890 the capital invested in manufacturing was $2,900,735,884.

In 1880 the number of employees was 1,301,388.

In 1890 the number of employees was 2,251,134.

In 1880 the wages earned were $501,965,778.

In 1890 the wages earned were $1,221,170,454.

In 1880 the value of the product was $2,711,579,899.

In 1890 the value of the product was $4,860,286,837.

I am informed by the Superintendent of the Census that the omission of

certain industries in 1880 which were included in 1890 accounts in part

for the remarkable increase thus shown, but after making full allowance

for differences of method and deducting the returns for all industries

not included in the census of 1880 there remain in the reports from

these seventy-five cities an increase in the capital employed of

$1,522,745,604, in the value of the product of $2,024,236,166, in wages

earned of $677,943,929, and in the number of wage earners employed of

856,029. The wage earnings not only show an increased aggregate, but an

increase per capita from $386 in 1880 to $547 in 1890, or 41.71 per

cent.

The new industrial plants established since October 6, 1890, and up

to October 22, 1892, as partially reported in the American Economist,

number 345, and the extension of existing plants 108; the new capital

invested amounts to $40,449,050, and the number of additional employees

to 37,285.

The Textile World for July, 1892, states that during the first six

months of the present calendar year 135 new factories were built, of

which 40 are cotton mills, 48 knitting mills, 26 woolen mills, 15 silk

mills, 4 plush mills, and 2 linen mills. Of the 40 cotton mills 21 have

been built in the Southern States. Mr. A.B. Shepperson, of the New York

Cotton Exchange, estimates the number of working spindles in the United

States on September 1, 1892, at 15,200,000, an increase of 660,000 over

the year 1891. The consumption of cotton by American mills in 1891 was

2,396,000 bales, and in 1892 2,584,000 bales, an increase of 188,000

bales. From the year 1869 to 1892, inclusive, there has been an increase

in the consumption of cotton in Europe of 92 per cent, while during the

same period the increased consumption in the United States has been

about 150 per cent.

The report of Ira Ayer, special agent of the Treasury Department,

shows that at the date of September 30, 1892, there were 32 companies

manufacturing tin and terne plate in the United States and 14 companies

building new works for such manufacture. The estimated investment in

buildings and plants at the close of the fiscal year June 30, 1893,

if existing conditions were to be continued, was $5,000,000 and the

estimated rate of production 200,000,000 pounds per annum. The Actual

production for the quarter ending September 30, 1892, was 10,952,725

pounds.

The report of Labor Commissioner Peck, of New York, shows that during

the year 1891, in about 6,000 manufacturing establishments in that State

embraced within the special inquiry made by him, and representing 67

different industries, there was a net increase over the year 1890 of

$31,315,130.68 in the value of the product and of $6,377,925.09 in the

amount of wages paid. The report of the commissioner of labor for the

State of Massachusetts shows that 3,745 industries in that State paid

$129,416,248 in wages during the year 1891, against $126,030,303 in

1890, an increase of $3,335,945, and that there was an increase of

$9,932,490 in the amount of capital and of 7,346 in the number of

persons employed in the same period.

During the last six months of the year 1891 and the first six months

of 1892 the total production of pig iron was 9,710,819 tons, as against

9,202,703 tons in the year 1890, which was the largest annual production

ever attained. For the same twelve months of 1891-92 the production of

Bessemer ingots was 3,878,581 tons, an increase of 189,710 gross tons

over the previously unprecedented yearly production of 3,688,871 gross

tons in 1890. The production of Bessemer steel rails for the first six

months of 1892 was 772,436 gross tons, as against 702,080 gross tons

during the last six months of the year 1891.

The total value of our foreign trade (exports and imports of

merchandise) during the last fiscal year was $1,857,680,610, an increase

of $128,283,604 over the previous fiscal year. The average annual value

of our imports and exports of merchandise for the ten fiscal years prior

to 1891 was $1,457,322,019. It will be observed that our foreign trade

for 1892 exceeded this annual average value by $400,358,591, an increase

of 27.47 Per cent. The significance and value of this increase are shown

by the fact that the excess in the trade of 1892 over 1891 was wholly in

the value of exports, for there was a decrease in the value of imports

of $17,513,754.

The value of our exports during the fiscal year 1892 reached the highest

figure in the history of the Government, amounting to $1,030,278,148,

exceeding by $145,797,338 the exports of 1891 and exceeding the value of

the imports by $202,875,686. A comparison of the value of our exports

for 1892 with the annual average for the ten years prior to 1891 shows

an excess of $265,142,651, or of 34.65 per cent. The value of our

imports of merchandise for 1892, which was $829,402,462, also exceeded

the annual average value of the ten years prior to 1891 by $135,215,940.

During the fiscal year 1892 the value of imports free of duty amounted

to $457,999,658, the largest aggregate in the history of our commerce.

The value of the imports of merchandise entered free of duty in 1892 was

55.35 per cent of the total value of imports, as compared with 43.35 per

cent in 1891 and 33.66 per cent in 1890.

In our coastwise trade a most encouraging development is in progress,

there having been in the last four years an increase of 16 per cent. In

internal commerce the statistics show that no such period of prosperity

has ever before existed. The freight carried in the coastwise trade of

the Great Lakes in 1890 aggregated 28,295,959 tons. On the Mississippi,

Missouri, and Ohio rivers and tributaries in the same year the traffic

aggregated 29,405,046 tons, and the total vessel tonnage passing through

the Detroit River during that year was 21,684,000 tons. The vessel

tonnage entered and cleared in the foreign trade of London during 1890

amounted to 13,480,767 tons, and of Liverpool 10,941,800 tons, a total

for these two great shipping ports of 24,422,568 tons, only slightly in

excess of the vessel tonnage passing through the Detroit River. And it

should be said that the season for the Detroit River was but 228 days,

while of course in London and Liverpool the season was for the entire

year. The vessel tonnage passing through the St. Marys Canal for the

fiscal year 1892 amounted to 9,828,874 tons, and the freight tonnage of

the Detroit River is estimated for that year at 25,000,000 tons, against

23,209,619 tons in 1891. The aggregate traffic on our railroads for

the year 1891 amounted to 704,398,609 tons of freight, compared with

691,344,437 tons in 1890, an increase of 13,054,172 tons.

Another indication of the general prosperity of the country is found in

the fact that the number of depositors in savings banks increased from

693,870 in 1860 to 4,258,893 in 1890, an increase of 513 per cent, and

the amount of deposits from $149,277,504 in 1860 to $1,524,844,506 in

1890, an increase of 921 per cent. In 1891 the amount of deposits in

savings banks was $1,623,079,749. It is estimated that 90 per cent

of these deposits represent the savings of wage earners. The bank

clearances for nine months ending September 30, 1891, amounted

to $41,049,390,808. For the same months in 1892 they amounted to

$45,189,601,947, an excess for the nine months of $4,140,211,139.

There never has been a time in our history when work was so abundant or

when wages were as high, whether measured by the currency in which they

are paid or by their power to supply the necessaries and comforts of

life. It is true that the market prices of cotton and wheat have been

low. It is one of the unfavorable incidents of agriculture that the

farmer can not produce upon orders. He must sow and reap in ignorance of

the aggregate production of the year, and is peculiarly subject to the

depreciation which follows overproduction. But while the fact I have

stated is true as to the crops mentioned, the general average of prices

has been such as to give to agriculture a fair participation in the

general prosperity. The value of our total farm products has increased

from $1,363,646,866 in 1860 to $4,500,000,000 in 1891, as estimated by

statisticians, an increase of 230 per cent. The number of hogs January

1, 1891, was 50,625,106 and their value $210,193,925; on January 1,

1892, the number was 52,398,019 and the value $241,031,415. On January

1, 1891, the number of cattle was 36,875,648 and the value $544,127,908;

on January 1, 1892, the number was 37,651,239 and the value

$570,749,155.

If any are discontented with their state here, if any believe that wages

or prices, the returns for honest toil, are inadequate, they should not

fail to remember that there is no other country in the world where the

conditions that seem to them hard would not be accepted as highly

prosperous. The English agriculturist would be glad to exchange the

returns of his labor for those of the American farmer and the Manchester

workmen their wages for those of their fellows at Fall River.

I believe that the protective system, which has now for something more

than thirty years continuously prevailed in our legislation, has been a

mighty instrument for the development of our national wealth and a most

powerful agency in protecting the homes of our workingmen from the

invasion of want. I have felt a most solicitous interest to preserve to

our working people rates of wages that would not only give daily bread,

but supply a comfortable margin for those home attractions and family

comforts and enjoyments without which life is neither hopeful nor sweet.

They are American citizens--a part of the great people for whom our

Constitution and Government were framed and instituted--and it can not

be a perversion of that Constitution to so legislate as to preserve in

their homes the comfort, independence, loyalty, and sense of interest

in the Government which are essential to good citizenship in peace, and

which will bring this stalwart throng, as in 1861, to the defense of

the flag when it is assailed.

It is not my purpose to renew here the argument in favor of a protective

tariff. The result of the recent election must be accepted as having

introduced a new policy. We must assume that the present tariff,

constructed upon the lines of protection, is to be repealed and that

there is to be substituted for it a tariff law constructed solely with

reference to revenue; that no duty is to be higher because the increase

will keep open an American mill or keep up the wages of an American

workman, but that in every case such a rate of duty is to be imposed as

will bring to the Treasury of the United States the largest returns of

revenue. The contention has not been between schedules, but between

principles, and it would be offensive to suggest that the prevailing

party will not carry into legislation the principles advocated by it and

the pledges given to the people. The tariff bills passed by the House of

Representatives at the last session were, as I suppose, even in the

opinion of their promoters, inadequate, and justified only by the fact

that the Senate and House of Representatives were not in accord and that

a general revision could not therefore be undertaken.

I recommend that the whole subject of tariff revision be left to the

incoming Congress. It is matter of regret that this work must be delayed

for at least three months, for the threat of great tariff changes

introduces so much uncertainty that an amount, not easily estimated, of

business inaction and of diminished production will necessarily result.

It is possible also that this uncertainty may result in decreased

revenues from customs duties, for our merchants will make cautious

orders for foreign goods in view of the prospect of tariff reductions

and the uncertainty as to when they will take effect. Those who have

advocated a protective tariff can well afford to have their disastrous

forecasts of a change of policy disappointed. If a system of customs

duties can be framed that will set the idle wheels and looms of Europe

in motion and crowd our warehouses with foreign-made goods and at the

same time keep our own mills busy; that will give us an increased

participation in the "markets of the world" of greater value than the

home market we surrender; that will give increased work to foreign

workmen upon products to be consumed by our people without diminishing

the amount of work to be done here; that will enable the American

manufacturer to pay to his workmen from 50 to 100 per cent more in wages

than is paid in the foreign mill, and yet to compete in our market and

in foreign markets with the foreign producer; that will further reduce

the cost of articles of wear and food without reducing the wages of

those who produce them; that can be celebrated, after its effects have

been realized, as its expectation has been in European as well as in

American cities, the authors and promoters of it will be entitled to the

highest praise. We have had in our history several experiences of the

contrasted effects of a revenue and of a protective tariff, but this

generation has not felt them, and the experience of one generation is

not highly instructive to the next. The friends of the protective system

with undiminished confidence in the principles they have advocated will

await the results of the new experiment.

The strained and too often disturbed relations existing between the

employees and the employers in our great manufacturing establishments

have not been favorable to a calm consideration by the wage earner of

the effect upon wages of the protective system. The facts that his

wages were the highest paid in like callings in the world and that a

maintenance of this rate of wages in the absence of protective duties

upon the product of his labor was impossible were obscured by the

passion evoked by these contests. He may now be able to review the

question in the light of his personal experience under the operation of

a tariff for revenue only. If that experience shall demonstrate that

present rates of wages are thereby maintained or increased, either

absolutely or in their purchasing power, and that the aggregate volume

of work to be done in this country is increased or even maintained, so

that there are more or as many days' work in a year, at as good or

better wages, for the American workmen as has been the case under the

protective system, everyone will rejoice. A general process of wage

reduction can not be contemplated by any patriotic citizen without the

gravest apprehension. It may be, indeed I believe is, possible for the

American manufacturer to compete successfully with his foreign rival in

many branches of production without the defense of protective duties if

the pay rolls are equalized; but the conflict that stands between the

producer and that result and the distress of our working people when

it is attained are not pleasant to contemplate. The Society of the

Unemployed, now holding its frequent and threatening parades in the

streets of foreign cities, should not be allowed to acquire an American

domicile.

The reports of the heads of the several Executive Departments which are

herewith submitted, have very naturally included a resume of the whole

work of the Administration with the transactions of the last fiscal

year. The attention not only of Congress but of the country is again

invited to the methods of administration which have been pursued and

to the results which have been attained. Public revenues amounting to

$1,414,079,292.28 have been collected and disbursed without loss from

misappropriation, without a single defalcation of such importance as

to attract the public attention, and at a diminished per cent of cost

for collection. The public business has been transacted not only with

fidelity, but progressively and with a view to giving to the people in

the fullest possible degree the benefits of a service established and

maintained for their protection and comfort.

Our relations with other nations are now undisturbed by any serious

controversy. The complicated and threatening differences with Germany

and England relating to Samoan affairs, with England in relation to the

seal fisheries in the Bering Sea, and with Chile growing out of the

_Baltimore_ affair have been adjusted.

There have been negotiated and concluded, under section 3 of the tariff

law, commercial agreements relating to reciprocal trade with the

following countries: Brazil, Dominican Republic, Spain for Cuba and

Puerto Rico, Guatemala, Salvador, the German Empire, Great Britain for

certain West Indian colonies and British Guiana, Nicaragua, Honduras,

and Austria-Hungary.[31]

Of these, those with Guatemala, Salvador, the German Empire, Great

Britain, Nicaragua, Honduras, and Austria-Hungary have been concluded

since my last annual message. Under these trade arrangements a free or

favored admission has been secured in every case for an important list

of American products. Especial care has been taken to secure markets for

farm products, in order to relieve that great underlying industry of the

depression which the lack of an adequate foreign market for our surplus

often brings. An opening has also been made for manufactured products

that will undoubtedly, if this policy is maintained, greatly augment

our export trade. The full benefits of these arrangements can not be

realized instantly. New lines of trade are to be opened. The commercial

traveler must survey the field. The manufacturer must adapt his goods

to the new markets and facilities for exchange must be established.

This work has been well begun, our merchants and manufacturers having

entered the new fields with courage and enterprise. In the case of food

products, and especially with Cuba, the trade did not need to wait, and

the immediate results have been most gratifying. If this policy and

these trade arrangements can be continued in force and aided by the

establishment of American steamship lines, I do not doubt that we shall

within a short period secure fully one-third of the total trade of the

countries of Central and South America, which now amounts to about

$600,000,000 annually. In 1885 we had only 8 per cent of this trade.

The following statistics show the increase in our trade with the

countries with which we have reciprocal trade agreements from the date

when such agreements went into effect up to September 30, 1892, the

increase being in some almost wholly and in others in an important

degree the result of these agreements:

The domestic exports to Germany and Austria-Hungary have increased in

value from $47,673,756 to $57,993,064, an increase of $10,319,308, or

21.63 per cent. With American countries the value of our exports has

increased from $44,160,285 to $54,613,598, an increase of $10,453,313,

or 23.67 per cent. The total increase in the value of exports to

all the countries with which we have reciprocity agreements has been

$20,772,621. This increase is chiefly in wheat, flour, meat, and dairy

products and in manufactures of iron and steel and lumber. There has

been a large increase in the value of imports from all these countries

since the commercial agreements went into effect, amounting to

$74,294,525, but it has been entirely in imports from the American

countries, consisting mostly of sugar, coffee, india rubber, and crude

drugs. The alarmed attention of our European competitors for the South

American market has been attracted to this new American policy and to

our acquisition and their loss of South American trade.

A treaty providing for the arbitration of the dispute between Great

Britain and the United States as to the killing of seals in the

Bering Sea was concluded on the 29th of February last. This treaty was

accompanied by an agreement prohibiting pelagic sealing pending the

arbitration, and a vigorous effort was made during this season to drive

out all poaching sealers from the Bering Sea. Six naval vessels, three

revenue cutters, and one vessel from the Fish Commission, all under

the command of Commander Evans, of the Navy, were sent into the sea,

which was systematically patrolled. Some seizures were made, and it is

believed that the catch in the Bering Sea by poachers amounted to less

than 500 seals. It is true, however, that in the North Pacific, while

the seal herds were on their way to the passes between the Aleutian

Islands, a very large number, probably 35,000, were taken. The existing

statutes of the United States do not restrain our citizens from taking

seals in the Pacific Ocean, and perhaps should not unless the

prohibition can be extended to the citizens of other nations. I

recommend that power be given to the President by proclamation to

prohibit the taking of seals in the North Pacific by American vessels

in case, either as the result of the findings of the Tribunal of

Arbitration or otherwise, the restraints can be applied to the vessels

of all countries. The case of the United States for the Tribunal of

Arbitration has been prepared with great care and industry by the Hon.

John W. Foster, and the counsel who represent this Government express

confidence that a result substantially establishing our claims and

preserving this great industry for the benefit of all nations will

be attained.

During the past year a suggestion was received through the British

minister that the Canadian government would like to confer as to the

possibility of enlarging upon terms of mutual advantage the commercial

exchanges of Canada and of the United States, and a conference was

held at Washington, with Mr. Blaine acting for this Government and the

British minister at this capital and three members of the Dominion

cabinet acting as commissioners on the part of Great Britain. The

conference developed the fact that the Canadian government was only

prepared to offer to the United States in exchange for the concessions

asked the admission of natural products. The statement was frankly made

that favored rates could not be given to the United States as against

the mother country. This admission, which was foreseen, necessarily

terminated the conference upon this question. The benefits of an

exchange of natural products would be almost wholly with the people

of Canada. Some other topics of interest were considered in the

conference, and have resulted in the making of a convention for

examining the Alaskan boundary and the waters of Passamaquoddy Bay

adjacent to Eastport, Me., and in the initiation of an arrangement for

the protection of fish life in the coterminous and neighboring waters

of our northern border.

The controversy as to tolls upon the Welland Canal, which was presented

to Congress at the last session by special message,[32] having failed of

adjustment, I felt constrained to exercise the authority conferred by

the act of July 26, 1892, and to proclaim a suspension of the free use

of St. Marys Falls Canal to cargoes in transit to ports in Canada.[33]

The Secretary of the Treasury established such tolls as were thought to

be equivalent to the exactions unjustly levied upon our commerce in the

Canadian canals.

If, as we must suppose, the political relations of Canada and the

disposition of the Canadian government are to remain unchanged, a

somewhat radical revision of our trade relations should, I think, be

made. Our relations must continue to be intimate, and they should be

friendly. I regret to say, however, that in many of the controversies,

notably those as to the fisheries on the Atlantic, the sealing interests

on the Pacific, and the canal tolls, our negotiations with Great Britain

have continuously been thwarted or retarded by unreasonable and

unfriendly objections and protests from Canada. In the matter of the

canal tolls our treaty rights were flagrantly disregarded. It is hardly

too much to say that the Canadian Pacific and other railway lines which

parallel our northern boundary are sustained by commerce having either

its origin or terminus, or both, in the United States. Canadian

railroads compete with those of the United States for our traffic, and

without the restraints of our interstate-commerce act. Their cars pass

almost without detention into and out of our territory.

The Canadian Pacific Railway brought into the United States from China

and Japan via British Columbia during the year ended June 30, 1892,

23,239,689 pounds of freight, and it carried from the United States, to

be shipped to China and Japan via British Columbia, 24,068,346 pounds of

freight. There were also shipped from the United States over this road

from Eastern ports of the United States to our Pacific ports during the

same year 13,912,073 pounds of freight, and there were received over

this road at the United States Eastern ports from ports on the Pacific

Coast 13,293,315 pounds of freight. Mr. Joseph Nimmo, jr., former chief

of the Bureau of Statistics, when before the Senate Select Committee on

Relations with Canada, April 26, 1890, said that "the value of goods

thus transported between different points in the United States across

Canadian territory probably amounts to $100,000,000 a year."

There is no disposition on the part of the people or Government of the

United States to interfere in the smallest degree with the political

relations of Canada. That question is wholly with her own people. It

is time for us, however, to consider whether, if the present state of

things and trend of things is to continue, our interchanges upon lines

of land transportation should not be put upon a different basis and our

entire independence of Canadian canals and of the St. Lawrence as an

outlet to the sea secured by the construction of an American canal

around the Falls of Niagara and the opening of ship communication

between the Great Lakes and one of our own seaports. We should not

hesitate to avail ourselves of our great natural trade advantages.

We should withdraw the support which is given to the railroads and

steamship lines of Canada by a traffic that properly belongs to us and

no longer furnish the earnings which lighten the otherwise crushing

weight of the enormous public subsidies that have been given to them.

The subject of the power of the Treasury to deal with this matter

without further legislation has been under consideration, but

circumstances have postponed a conclusion. It is probable that a

consideration of the propriety of a modification or abrogation of the

article of the treaty of Washington relating to the transit of goods

in bond is involved in any complete solution of the question.

Congress at the last session was kept advised of the progress of the

serious and for a time threatening difference between the United States

and Chile. It gives me now great gratification to report that the

Chilean Government in a most friendly and honorable spirit has tendered

and paid as an indemnity to the families of the sailors of the

_Baltimore_ who were killed and to those who were injured in the

outbreak in the city of Valparaiso the sum of $75,000. This has been

accepted not only as an indemnity for a wrong done, but as a most

gratifying evidence that the Government of Chile rightly appreciates the

disposition of this Government to act in a spirit of the most absolute

fairness and friendliness in our intercourse with that brave people.

A further and conclusive evidence of the mutual respect and confidence

now existing is furnished by the fact that a convention submitting to

arbitration the mutual claims of the citizens of the respective

Governments has been agreed upon. Some of these claims have been pending

for many years and have been the occasion of much unsatisfactory

diplomatic correspondence.

I have endeavored in every way to assure our sister Republics of Central

and South America that the United States Government and its people have

only the most friendly disposition toward them all. We do not covet

their territory. We have no disposition to be oppressive or exacting in

our dealings with any of them, even the weakest. Our interests and our

hopes for them all lie in the direction of stable governments by their

people and of the largest development of their great commercial

resources. The mutual benefits of enlarged commercial exchanges and of a

more familiar and friendly intercourse between our peoples we do desire,

and in this have sought their friendly cooperation.

I have believed, however, while holding these sentiments in the

greatest sincerity, that we must insist upon a just responsibility for

any injuries inflicted upon our official representatives or upon our

citizens. This insistence, kindly and justly but firmly made, will,

I believe, promote peace and mutual respect.

Our relations with Hawaii have been such as to attract an increased

interest, and must continue to do so. I deem it of great importance that

the projected submarine cable, a survey for which has been made, should

be promoted. Both for naval and commercial uses we should have quick

communication with Honolulu. We should before this have availed

ourselves of the concession made many years ago to this Government

for a harbor and naval station at Pearl River. Many evidences of the

friendliness of the Hawaiian Government have been given in the past,

and it is gratifying to believe that the advantage and necessity of

a continuance of very close relations is appreciated.

The friendly act of this Government in expressing to the Government of

Italy its reprobation and abhorrence of the lynching of Italian subjects

in New Orleans by the payment of 125,000 francs, or $24,330.90, was

accepted by the King of Italy with every manifestation of gracious

appreciation, and the incident has been highly promotive of mutual

respect and good will.

In consequence of the action of the French Government in proclaiming a

protectorate over certain tribal districts of the west coast of Africa

eastward of the San Pedro River, which has long been regarded as the

southeastern boundary of Liberia, I have felt constrained to make

protest against this encroachment upon the territory of a Republic which

was founded by citizens of the United States and toward which this

country has for many years held the intimate relation of a friendly

counselor.

The recent disturbances of the public peace by lawless foreign marauders

on the Mexican frontier have afforded this Government an opportunity to

testify its good will for Mexico and its earnest purpose to fulfill the

obligations of international friendship by pursuing and dispersing the

evil doers. The work of relocating the boundary of the treaty of

Guadalupe Hidalgo westward from El Paso is progressing favorably.

Our intercourse with Spain continues on a friendly footing. I regret,

however, not to be able to report as yet the adjustment of the claims of

the American missionaries arising from the disorders at Ponape, in the

Caroline Islands, but I anticipate a satisfactory adjustment in view of

renewed and urgent representations to the Government at Madrid.

The treatment of the religious and educational establishments of

American citizens in Turkey has of late called for a more than usual

share of attention. A tendency to curtail the toleration which has so

beneficially prevailed is discernible and has called forth the earnest

remonstrance of this Government. Harassing regulations in regard to

schools and churches have been attempted in certain localities, but not

without due protest and the assertion of the inherent and conventional

rights of our countrymen. Violations of domicile and search of the

persons and effects of citizens of the United States by apparently

irresponsible officials in the Asiatic _vilayets_ have from time to time

been reported. An aggravated instance of injury to the property of an

American missionary at Bourdour, in the Province of Konia, called forth

an urgent claim for reparation, which I am pleased to say was promptly

heeded by the Government of the Porte. Interference with the trading

ventures of our citizens in Asia Minor is also reported, and the lack of

consular representation in that region is a serious drawback to instant

and effective protection. I can not believe that these incidents

represent a settled policy, and shall not cease to urge the adoption of

proper remedies.

International copyright has been extended to Italy by proclamation[34]

in conformity with the act of March 3, 1891, upon assurance being given

that Italian law permits to citizens of the United States the benefit of

copyright on substantially the same basis as to subjects of Italy. By a

special convention proclaimed January 15, 1892, reciprocal provisions

of copyright have been applied between the United States and Germany.

Negotiations are in progress with other countries to the same end.

I repeat with great earnestness the recommendation which I have made in

several previous messages that prompt and adequate support be given to

the American company engaged in the construction of the Nicaragua ship

canal. It is impossible to overstate the value from every standpoint of

this great enterprise, and I hope that there may be time, even in this

Congress, to give to it an impetus that will insure the early completion

of the canal and secure to the United States its proper relation to it

when completed.

The Congress has been already advised that the invitations of this

Government for the assembling of an international monetary conference

to consider the question of an enlarged use of silver were accepted by

the nations to which they were addressed. The conference assembled at

Brussels on the 22d of November, and has entered upon the consideration

of this great question. I have not doubted, and have taken occasion

to express that belief as well in the invitations issued for this

Conference as in my public messages, that the free coinage of silver

upon an agreed international ratio would greatly promote the interests

of our people and equally those of other nations. It is too early to

predict what results may be accomplished by the conference. If any

temporary check or delay intervenes, I believe that very soon commercial

conditions will compel the now reluctant governments to unite with us in

this movement to secure the enlargement of the volume of coined money

needed for the transaction of the business of the world.

The report of the Secretary of the Treasury will attract especial

interest in view of the many misleading statements that have been made

as to the state of the public revenues. Three preliminary facts should

not only be stated but emphasized before looking into details: First,

that the public debt has been reduced since March 4, 1889, $259,074,200

and the annual interest charge $11,684,469; second, that there have been

paid out for pensions during this Administration up to November 1, 1892,

$432,564,178.70, an excess of $114,466,386.09 over the sum expended

during the period from March 1, 1885, to March 1, 1889; and, third, that

under the existing tariff up to December 1 about $93,000,000 of revenue

which would have been collected upon imported sugars if the duty had

been maintained has gone into the pockets of the people, and not into

the public Treasury, as before. If there are any who still think that

the surplus should have been kept out of circulation by hoarding it in

the Treasury, or deposited in favored banks without interest while the

Government continued to pay to these very banks interest upon the bonds

deposited as security for the deposits, or who think that the extended

pension legislation was a public robbery, or that the duties upon sugar

should have been maintained, I am content to leave the argument where it

now rests while we wait to see whether these criticisms will take the

form of legislation.

The revenues for the fiscal year ending June 30, 1892, from all sources

were $425,868,260.22, and the expenditures for all purposes were

$415,953,806.56, leaving a balance of $9,914,453.66. There were paid

during the year upon the public debt $40,570,467.98. The surplus in the

Treasury and the bank redemption fund passed by the act of July 14,

1890, to the general fund furnished in large part the cash available and

used for the payments made upon the public debt. Compared with the year

1891, our receipts from customs duties fell off $42,069,241.08, while

our receipts from internal revenue increased $8,284,823.13, leaving the

net loss of revenue from these principal sources $33,784,417.95. The net

loss of revenue from all sources was $32,675,972.81.

The revenues, estimated and actual, for the fiscal year ending

June 30, 1893, are placed by the Secretary at $463,336,350.44, and

the expenditures at $461,336,350.44, showing a surplus of receipts over

expenditures of $2,000,000. The cash balance in the Treasury at the end

of the fiscal year it is estimated will be $20,992,377.03. So far as

these figures are based upon estimates of receipts and expenditures for

the remaining months of the current fiscal year, there are not only the

usual elements of uncertainty, but some added elements. New revenue

legislation, or even the expectation of it, may seriously reduce the

public revenues during the period of uncertainty and during the process

of business adjustment to the new conditions when they become known.

But the Secretary has very wisely refrained from guessing as to the

effect of possible changes in our revenue laws, since the scope of those

changes and the time of their taking effect can not in any degree be

forecast or foretold by him. His estimates must be based upon existing

laws and upon a continuance of existing business conditions, except so

far as these conditions may be affected by causes other than new

legislation.

The estimated receipts for the fiscal year ending June 30, 1894, are

$490,121,365.38, and the estimated appropriations $457,261,335.33,

leaving an estimated surplus of receipts over expenditures of

$32,860,030.05. This does not include any payment to the sinking fund.

In the recommendation of the Secretary that the sinking-fund law be

repealed I concur. The redemption of bonds since the passage of the law

to June 30, 1892, has already exceeded the requirements by the sum of

$990,510,681.49. The retirement of bonds in the future before maturity

should be a matter of convenience, not of compulsion. We should not

collect revenue for that purpose, but only use any casual surplus, To

the balance of $32,860,030.05 of receipts over expenditures for the year

1894 should be added the estimated surplus at the beginning of the year,

$20,992,377.03, and from this aggregate there must be deducted, as

stated by the Secretary, about $44,000,000 of estimated unexpended

appropriations.

The public confidence in the purpose and ability of the Government to

maintain the parity of all of our money issues, whether coin or paper,

must remain unshaken. The demand for gold in Europe and the consequent

calls upon us are in a considerable degree the result of the efforts of

some of the European Governments to increase their gold reserves, and

these efforts should be met by appropriate legislation on our part. The

conditions that have created this drain of the Treasury gold are in an

important degree political, and not commercial. In view of the fact that

a general revision of our revenue laws in the near future seems to be

probable, it would be better that any changes should be a part of that

revision rather than of a temporary nature.

During the last fiscal year the Secretary purchased under the act

of July 14, 1890, 54,355,748 ounces of silver and issued in payment

therefor $51,106,608 in notes. The total purchases since the passage of

the act have been 120,479,981 ounces and the aggregate of notes issued

$116,783,590. The average price paid for silver during the year was 94

cents per ounce, the highest price being $1.02-3/4 July 1, 1891, and the

lowest 83 cents March 21, 1892. In view of the fact that the monetary

conference is now sitting and that no conclusion has yet been reached,

I withhold any recommendation as to legislation upon this subject.

The report of the Secretary of War brings again to the attention of

Congress some important suggestions as to the reorganization of the

infantry and artillery arms of the service, which his predecessors have

before urgently presented. Our Army is small, but its organization

should all the more be put upon the most approved modern basis. The

conditions upon what we have called the "frontier" have heretofore

required the maintenance of many small posts, but now the policy of

concentration is obviously the right one. The new posts should have the

proper strategic relations to the only "frontiers" we now have--those

of the seacoast and of our northern and part of our southern boundary.

I do not think that any question of advantage to localities or to States

should determine the location of the new posts. The reorganization and

enlargement of the Bureau of Military Information which the Secretary

has effected is a work the usefulness of which will become every year

more apparent. The work of building heavy guns and the construction of

coast defenses has been well begun and should be carried on without

check.

The report of the Attorney-General is by law submitted directly to

Congress, but I can not refrain from saying that he has conducted the

increasing work of the Department of Justice with great professional

skill. He has in several directions secured from the courts decisions

giving increased protection to the officers of the United States and

bringing some classes of crime that escaped local cognizance and

punishment into the tribunals of the United States, where they could

be tried with impartiality.

The numerous applications for Executive clemency presented in behalf

of persons convicted in United States courts and given penitentiary

sentences have called my attention to a fact referred to by the

Attorney-General in his report, namely, that a time allowance for good

behavior for such prisoners is prescribed by the Federal statutes only

where the State in which the penitentiary is located has made no such

provision. Prisoners are given the benefit of the provisions of the

State law regulating the penitentiary to which they may be sent. These

are various, some perhaps too liberal and some perhaps too illiberal.

The result is that a sentence for five years means one thing if the

prisoner is sent to one State for confinement and quite a different

thing if he is sent to another. I recommend that a uniform credit for

good behavior be prescribed by Congress.

I have before expressed my concurrence in the recommendation of the

Attorney-General that degrees of murder should be recognized in the

Federal statutes, as they are, I believe, in all the States. These

grades are founded on correct distinctions in crime. The recognition of

them would enable the courts to exercise some discretion in apportioning

punishment and would greatly relieve the Executive of what is coming to

be a very heavy burden--the examination of these cases on application

for commutation.

The aggregate of claims pending against the Government in the Court of

Claims is enormous. Claims to the amount of nearly $400,000,000 for the

taking of or injury to the property of persons claiming to be loyal

during the war are now before that court for examination. When to these

are added the Indian depredation claims and the French spoliation

claims, an aggregate is reached that is indeed startling. In the defense

of all these cases the Government is at great disadvantage. The

claimants have preserved their evidence, whereas the agents of the

Government are sent into the field to rummage for what they can find.

This difficulty is peculiarly great where the fact to be established is

the disloyalty of the claimant during the war. If this great threat

against our revenues is to have no other check, certainly Congress

should supply the Department of Justice with appropriations sufficiently

liberal to secure the best legal talent in the defense of these claims

and to pursue its vague search for evidence effectively.

The report of the Postmaster-General shows a most gratifying increase

and a most efficient and progressive management of the great business

of that Department. The remarkable increase in revenues, in the number

of post-offices, and in the miles of mail carriage furnishes further

evidence of the high state of prosperity which our people are enjoying.

New offices mean new hamlets and towns, new routes mean the extension of

our border settlements, and increased revenues mean an active commerce.

The Postmaster-General reviews the whole period of his administration

of the office and brings some of his statistics down to the month of

November last. The postal revenues have increased during the last year

nearly $5,000,000. The deficit for the year ending June 30, 1892, is

$848,341 less than the deficiency of the preceding year. The deficiency

of the present fiscal year it is estimated will be reduced to

$1,552,423, which will not only be extinguished during the next fiscal

year, but a surplus of nearly $1,000,000 should then be shown. In these

calculations the payments to be made under the contracts for ocean mail

service have not been included. There have been added 1,590 new mail

routes during the year, with a mileage of 8,563 miles, and the total

number of new miles of mail trips added during the year is nearly

17,000,000. The number of miles of mail journeys added during the last

four years is about 76,000,000, this addition being 21,000,000 miles

more than were in operation in the whole country in 1861.

The number of post-offices has been increased by 2,790 during the year,

and during the past four years, and up to October 29 last, the total

increase in the number of offices has been nearly 9,000. The number of

free-delivery offices has been nearly doubled in the last four years,

and the number of money-order offices more than doubled within that

time.

For the three years ending June 30, 1892, the postal revenue amounted to

$197,744,359, which was an increase of $52,263,150 over the revenue for

the three years ending June 30, 1888, the increase during the last three

years being more than three and a half times as great as the increase

during the three years ending June 30, 1888. No such increase as that

shown for these three years has ever previously appeared in the revenues

of the Department. The Postmaster-General has extended to the

post-offices in the larger cities the merit system of promotion

introduced by my direction into the Departments here, and it has

resulted there, as in the Departments, in a larger volume of work and

that better done.

Ever since our merchant marine was driven from the sea by the rebel

cruisers during the War of the Rebellion the United States has been

paying an enormous annual tribute to foreign countries in the shape of

freight and passage moneys. Our grain and meats have been taken at our

own docks and our large imports there laid down by foreign shipmasters.

An increasing torrent of American travel to Europe has contributed a

vast sum annually to the dividends of foreign shipowners. The balance

of trade shown by the books of our custom-houses has been very largely

reduced and in many years altogether extinguished by this constant

drain. In the year 1892 only 12.3 per cent of our imports were brought

in American vessels. These great foreign steamships maintained by our

traffic are many of them under contracts with their respective

Governments by which in time of war they will become a part of their

armed naval establishments. Profiting by our commerce in peace, they

will become the most formidable destroyers of our commerce in time of

war. I have felt, and have before expressed the feeling, that this

condition of things was both intolerable and disgraceful. A wholesome

change of policy, and one having in it much promise, as it seems to me,

was begun by the law of March 3, 1891. Under this law contracts have

been made by the Postmaster-General for eleven mail routes. The

expenditure involved by these contracts for the next fiscal year

approximates $954,123.33 As one of the results already reached sixteen

American steamships, of an aggregate tonnage of 57,400 tons, costing

$7,400,000, have been built or contracted to be built in American

shipyards.

The estimated tonnage of all steamships required under existing

contracts is 165,802, and when the full service required by these

contracts is established there will be forty-one mail steamers under

the American flag, with the probability of further necessary additions

in the Brazilian and Argentine service. The contracts recently let for

transatlantic service will result in the construction of five ships of

10,000 tons each, costing $9,000,000 to $10,000,000, and will add, with

the _City of New York_ and _City of Paris_, to which the Treasury

Department was authorized by legislation at the last session to give

American registry, seven of the swiftest vessels upon the sea to our

naval reserve. The contracts made with the lines sailing to Central and

South American ports have increased the frequency and shortened the time

of the trips, added new ports of call, and sustained some lines that

otherwise would almost certainly have been withdrawn. The service to

Buenos Ayres is the first to the Argentine Republic under the American

flag. The service to Southampton, Boulogne, and Antwerp is also new,

and is to be begun with the steamships _City of New York_ and _City

of Paris_ in February next.

I earnestly urge the continuance of the policy inaugurated by

this legislation, and that the appropriations required to meet the

obligations of the Government under the contracts may be made promptly,

so that the lines that have entered into these engagements may not

be embarrassed. We have had, by reason of connections with the

transcontinental railway lines constructed through our own territory,

some advantages in the ocean trade of the Pacific that we did not

possess on the Atlantic. The construction of the Canadian Pacific

Railway and the establishment under large subventions from Canada and

England of fast steamship service from Vancouver with Japan and China

seriously threaten our shipping interests in the Pacific. This line

of English steamers receives, as is stated by the Commissioner of

Navigation, a direct subsidy of $400,000 annually, or $30,767 per trip

for thirteen voyages, in addition to some further aid from the Admiralty

in connection with contracts under which the vessels may be used for

naval purposes. The competing American Pacific mail line under the

act of March 3, 1891, receives only $6,389 per round trip.

Efforts have been making within the last year, as I am informed,

to establish under similar conditions a line between Vancouver and some

Australian port, with a view of seizing there a trade in which we have

had a large interest. The Commissioner of Navigation states that a

very large per cent of our imports from Asia are now brought to us by

English steamships and their connecting railways in Canada. With a

view of promoting this trade, especially in tea, Canada has imposed a

discriminating duty of 10 per cent upon tea and coffee brought into

the Dominion from the United States. If this unequal contest between

American lines without subsidy, or with diminished subsidies, and the

English Canadian line to which I have referred is to continue, I think

we should at least see that the facilities for customs entry and

transportation across our territory are not such as to make the Canadian

route a favored one, and that the discrimination as to duties to which

I have referred is met by a like discrimination as to the importation

of these articles from Canada.

No subject, I think, more nearly touches the pride, the power, and the

prosperity of our country than this of the development of our merchant

marine upon the sea. If we could enter into conference with other

competitors and all would agree to withhold government aid, we could

perhaps take our chances with the rest; but our great competitors have

established and maintained their lines by government subsidies until

they now have practically excluded us from participation. In my opinion

no choice is left to us but to pursue, moderately at least, the same

lines.

The report of the Secretary of the Navy exhibits great progress in the

construction of our new Navy. When the present Secretary entered upon

his duties, only 3 modern steel vessels were in commission. The vessels

since put in commission and to be put in commission during the winter

will make a total of 19 during his administration of the Department.

During the current year 10 war vessels and 3 navy tugs have been

launched, and during the four years 25 vessels will have been launched.

Two other large ships and a torpedo boat are under contract and the work

upon them well advanced, and the 4 monitors are awaiting only the

arrival of their armor, which has been unexpectedly delayed, or they

would have been before this in commission.

Contracts have been let during this Administration, under the

appropriations for the increase of the Navy, including new vessels and

their appurtenances, to the amount of $35,000,000, and there has been

expended during the same period for labor at navy-yards upon similar

work $8,000,000 without the smallest scandal or charge of fraud or

partiality. The enthusiasm and interest of our naval officers, both

of the staff and line, have been greatly kindled. They have responded

magnificently to the confidence of Congress and have demonstrated to

the world an unexcelled capacity in construction, in ordnance, and in

everything involved in the building, equipping, and sailing of great

war ships.

At the beginning of Secretary Tracy's administration several difficult

problems remained to be grappled with and solved before the efficiency

in action of our ships could be secured. It is believed that as the

result of new processes in the construction of armor plate our later

ships will be clothed with defensive plates of higher resisting power

than are found on any war vessels afloat. We were without torpedoes.

Tests have been made to ascertain the relative efficiency of different

constructions, a torpedo has been adopted, and the work of construction

is now being carried on successfully. We were without armor-piercing

shells and without a shop instructed and equipped for the construction

of them. We are now making what is believed to be a projectile superior

to any before in use. A smokeless powder has been developed and a

slow-burning powder for guns of large caliber. A high explosive capable

of use in shells fired from service guns has been found, and the

manufacture of gun cotton has been developed so that the question of

supply is no longer in doubt.

The development of a naval militia, which has been organized in eight

States and brought into cordial and cooperative relations with the Navy,

is another important achievement. There are now enlisted in these

organizations 1,800 men, and they are likely to be greatly extended.

I recommend such legislation and appropriations as will encourage and

develop this movement. The recommendations of the Secretary will, I do

not doubt, receive the friendly consideration of Congress, for he has

enjoyed, as he has deserved, the confidence of all those interested in

the development of our Navy, without any division upon partisan lines.

I earnestly express the hope that a work which has made such noble

progress may not now be stayed. The wholesome influence for peace and

the increased sense of security which our citizens domiciled in other

lands feel when these magnificent ships under the American flag appear

is already most gratefully apparent. The ships from our Navy which will

appear in the great naval parade next April in the harbor of New York

will be a convincing demonstration to the world that the United States

is again a naval power.

The work of the Interior Department, always very burdensome, has been

larger than ever before during the administration of Secretary Noble.

The disability-pension law, the taking of the Eleventh Census, the

opening of vast areas of Indian lands to settlement, the organization of

Oklahoma, and the negotiations for the cession of Indian lands furnish

some of the particulars of the increased work, and the results achieved

testify to the ability, fidelity, and industry of the head of the

Department and his efficient assistants.

Several important agreements for the cession of Indian lands negotiated

by the commission appointed under the act of March 2, 1889, are awaiting

the action of Congress. Perhaps the most important of these is that for

the cession of the Cherokee Strip. This region has been the source of

great vexation to the executive department and of great friction and

unrest between the settlers who desire to occupy it and the Indians who

assert title. The agreement which has been made by the commission is

perhaps the most satisfactory that could have been reached. It will be

noticed that it is conditioned upon its ratification by Congress before

March 4, 1893. The Secretary of the Interior, who has given the subject

very careful thought, recommends the ratification of the agreement, and

I am inclined to follow his recommendation. Certain it is that some

action by which this controversy shall be brought to an end and these

lands opened to settlement is urgent.

The form of government provided by Congress on May 17, 1884, for Alaska

was in its frame and purpose temporary. The increase of population and

the development of some important mining and commercial interests make

it imperative that the law should be revised and better provision made

for the arrest and punishment of criminals.

The report of the Secretary shows a very gratifying state of facts

as to the condition of the General Land Office. The work of issuing

agricultural patents, which seemed to be hopelessly in arrear when

the present Secretary undertook the duties of his office, has been so

expedited that the bureau is now upon current business. The relief thus

afforded to honest and worthy settlers upon the public lands by giving

to them an assured title to their entries has been of incalculable

benefit in developing the new States and the Territories.

The Court of Private Land Claims, established by Congress for the

promotion of this policy of speedily settling contested land titles,

is making satisfactory progress in its work, and when the work is

completed a great impetus will be given to the development of those

regions where unsettled claims under Mexican grants have so long

exercised their repressive influence. When to these results are added

the enormous cessions of Indian lands which have been opened to

settlement, aggregating during this Administration nearly 26,000,000

acres, and the agreements negotiated and now pending in Congress for

ratification by which about 10,000,000 additional acres will be opened

to settlement, it will be seen how much has been accomplished.

The work in the Indian Bureau in the execution of the policy of recent

legislation has been largely directed to two chief purposes: First,

the allotment of lands in severalty to the Indians and the cession to

the United States of the surplus lands, and, secondly, to the work of

educating the Indian for his own protection in his closer contact with

the white man and for the intelligent exercise of his new citizenship.

Allotments have been made and patents issued to 5,900 Indians under the

present Secretary and Commissioner, and 7,600 additional allotments

have been made for which patents are now in process of preparation. The

school attendance of Indian children has been increased during that time

over 13 per cent, the enrollment for 1892 being nearly 20,000. A uniform

system of school text-books and of study has been adopted and the work

in these national schools brought as near as may be to the basis of the

free common schools of the States. These schools can be transferred and

merged into the common-school systems of the States when the Indian has

fully assumed his new relation to the organized civil community in which

he resides and the new States are able to assume the burden. I have

several times been called upon to remove Indian agents appointed by me,

and have done so promptly upon every sustained complaint of unfitness or

misconduct. I believe, however, that the Indian service at the agencies

has been improved and is now administered on the whole with a good

degree of efficiency. If any legislation is possible by which the

selection of Indian agents can be wholly removed from all partisan

suggestions or considerations, I am sure it would be a great relief to

the Executive and a great benefit to the service. The appropriation for

the subsistence of the Cheyenne and Arapahoe Indians made at the last

session of Congress was inadequate. This smaller appropriation was

estimated for by the Commissioner upon the theory that the large fund

belonging to the tribe in the public Treasury could be and ought to be

used for their support. In view, however, of the pending depredation

claims against this fund and other considerations, the Secretary of the

Interior on the 12th of April last submitted a supplemental estimate for

$50,000. This appropriation was not made, as it should have been, and

the oversight ought to be remedied at the earliest possible date.

In a special message to this Congress at the last session[35] I stated

the reasons why I had not approved the deed for the release to the

United States by the Choctaws and Chickasaws of the lands formerly

embraced in the Cheyenne and Arapahoe Reservation and remaining after

allotments to that tribe. A resolution of the Senate expressing the

opinion of that body that notwithstanding the facts stated in my special

message the deed should be approved and the money, $2,991,450, paid over

was presented to me May 10, 1892. My special message was intended to

call the attention of Congress to the subject, and in view of the fact

that it is conceded that the appropriation proceeded upon a false basis

as to the amount of lands to be paid for and is by $50,000 in excess

of the amount they are entitled to (even if their claim to the land is

given full recognition at the rate agreed upon), I have not felt willing

to approve the deed, and shall not do so, at least until both Houses of

Congress have acted upon the subject. It has been informally proposed by

the claimants to release this sum of $50,000, but I have no power to

demand or accept such a release, and such an agreement would be without

consideration and void.

I desire further to call the attention of Congress to the fact that the

recent agreement concluded with the Kiowas and Comanches relates to

lands which were a part of the "leased district," and to which the claim

of the Choctaws and Chickasaws is precisely that recognized by Congress

in the legislation I have referred to. The surplus lands to which this

claim would attach in the Kiowa and Comanche Reservation is 2,500,000

acres, and at the same rate the Government will be called upon to pay to

the Choctaws and Chickasaws for these lands $3,125,000. This sum will be

further augmented, especially if the title of the Indians to the tract

now Greer County, Tex., is established. The duty devolved upon me in

this connection was simply to pass upon the form of the deed; but as in

my opinion the facts mentioned in my special message were not adequately

brought to the attention of Congress in connection with the legislation,

I have felt that I would not be justified in acting without some new

expression of the legislative will.

The report of the Commissioner of Pensions, to which extended notice is

given by the Secretary of the Interior in his report, will attract great

attention. Judged by the aggregate amount of work done, the last year

has been the greatest in the history of the office. I believe that the

organization of the office is efficient and that the work has been done

with fidelity. The passage of what is known as the disability bill has,

as was foreseen, very largely increased the annual disbursements to the

disabled veterans of the Civil War. The estimate for this fiscal year

was $144,956,000, and that amount was appropriated. A deficiency

amounting to $10,508,621 must be provided for at this session.

The estimate for pensions for the fiscal year ending June 30, 1894, is

$165,000,000. The Commissioner of Pensions believes that if the present

legislation and methods are maintained and further additions to the

pension laws are not made the maximum expenditure for pensions will be

reached June 30, 1894, and will be at the highest point $188,000,000

per annum.

I adhere to the views expressed in previous messages that the care

of the disabled soldiers of the War of the Rebellion is a matter of

national concern and duty. Perhaps no emotion cools sooner than that

of gratitude, but I can not believe that this process has yet reached

a point with our people that would sustain the policy of remitting the

care of these disabled veterans to the inadequate agencies provided by

local laws. The parade on the 20th of September last upon the streets of

this capital of 60,000 of the surviving Union veterans of the War of the

Rebellion was a most touching and thrilling episode, and the rich and

gracious welcome extended to them by the District of Columbia and the

applause that greeted their progress from tens of thousands of people

from all the States did much to revive the glorious recollections of the

Grand Review when these men and many thousand others now in their graves

were welcomed with grateful joy as victors in a struggle in which the

national unity, honor, and wealth were all at issue.

In my last annual message I called attention to the fact that some

legislative action was necessary in order to protect the interests of

the Government in its relations with the Union Pacific Railway. The

Commissioner of Railroads has submitted a very full report, giving exact

information as to the debt, the liens upon the company's property, and

its resources. We must deal with the question as we find it and take

that course which will under existing conditions best secure the

interests of the United States. I recommended in my last annual message

that a commission be appointed to deal with this question, and I renew

that recommendation and suggest that the commission be given full power.

The report of the Secretary of Agriculture contains not only a most

interesting statement of the progressive and valuable work done under

the administration of Secretary Rusk, but many suggestions for the

enlarged usefulness of this important Department. In the successful

efforts to break down the restrictions to the free introduction of our

meat products in the countries of Europe the Secretary has been untiring

from the first, stimulating and aiding all other Government officers at

home and abroad whose official duties enabled them to participate in the

work. The total trade in hog products with Europe in May, 1892, amounted

to 82,000,000 pounds, against 46,900,000 in the same month of 1891; in

June, 1892, the export aggregated 85,700,000 pounds, against 46,500,000

pounds in the same month of the previous year; in July there was

an increase of 41 per cent and in August of 55 per cent over the

corresponding months of 1891. Over 40,000,000 pounds of inspected

pork have been exported since the law was put into operation, and a

comparison of the four months of May, June, July, and August, 1892, with

the same months of 1891 shows an increase in the number of pounds of

our export of pork products of 62 per cent and an increase in value of

66-1/2 per cent. The exports of dressed beef increased from 137,900,000

pounds in 1889 to 220,500,000 pounds in 1892, or about 60 per cent.

During the past year there have been exported 394,607 head of live

cattle, as against 205,786 exported in 1889. This increased exportation

has been largely promoted by the inspection authorized by law and the

faithful efforts of the Secretary and his efficient subordinates to

make that inspection thorough and to carefully exclude from all cargoes

diseased or suspected cattle. The requirement of the English regulations

that live cattle arriving from the United States must be slaughtered

at the docks had its origin in the claim that pleuro-pneumonia existed

among American cattle and that the existence of the disease could only

certainly be determined by _post mortem_ inspection.

The Department of Agriculture has labored with great energy and

faithfulness to extirpate this disease, and on the 26th day of September

last a public announcement was made by the Secretary that the disease

no longer existed anywhere within the United States. He is entirely

satisfied after the most searching inquiry that this statement was

justified, and that by a continuance of the inspection and quarantine

now required of cattle brought into this country the disease can be

prevented from again getting any foothold. The value to the cattle

industry of the United States of this achievement can hardly be

estimated. We can not, perhaps, at once insist that this evidence shall

be accepted as satisfactory by other countries; but if the present

exemption from the disease is maintained and the inspection of our

cattle arriving at foreign ports, in which our own veterinarians

participate, confirms it, we may justly expect that the requirement that

our cattle shall be slaughtered at the docks will be revoked, as the

sanitary restrictions upon our pork products have been. If our cattle

can be taken alive to the interior, the trade will be enormously

increased.

Agricultural products constituted 78.1 per cent of our unprecedented

exports for the fiscal year which closed June 30, 1892, the total

exports being $1,030,278,030 and the value of the agricultural products

$793,717,676, which exceeds by more than $150,000,000 the shipment of

agricultural products in any previous year.

An interesting and a promising work for the benefit of the American

farmer has been begun through agents of the Agricultural Department in

Europe, and consists in efforts to introduce the various products of

Indian corn as articles of human food. The high price of rye offered a

favorable opportunity for the experiment in Germany of combining corn

meal with rye to produce a cheaper bread. A fair degree of success has

been attained, and some mills for grinding corn for food have been

introduced. The Secretary is of the opinion that this new use of the

products of corn has already stimulated exportations, and that if

diligently prosecuted large and important markets can presently be

opened for this great American product.

The suggestions of the Secretary for an enlargement of the work of

the Department are commended to your favorable consideration, It may,

I think, be said without challenge that in no corresponding period has

so much been done as during the last four years for the benefit of

American agriculture.

The subject of quarantine regulations, inspection, and control was

brought suddenly to my attention by the arrival at our ports in August

last of vessels infected with cholera. Quarantine regulations should be

uniform at all our ports. Under the Constitution they are plainly within

the exclusive Federal jurisdiction when and so far as Congress shall

legislate. In my opinion the whole subject should be taken into national

control and adequate power given to the Executive to protect our people

against plague invasions. On the 1st of September last I approved

regulations establishing a twenty-day quarantine for all vessels

bringing immigrants from foreign ports. This order will be continued

in force. Some loss and suffering have resulted to passengers, but a

due care for the homes of our people justifies in such cases the utmost

precaution. There is danger that with the coming of spring cholera will

again appear, and a liberal appropriation should be made at this session

to enable our quarantine and port officers to exclude the deadly plague.

But the most careful and stringent quarantine regulations may not be

sufficient absolutely to exclude the disease. The progress of medical

and sanitary science has been such, however, that if approved

precautions are taken at once to put all of our cities and towns in

the best sanitary condition, and provision is made for isolating any

sporadic cases and for a thorough disinfection, an epidemic can, I am

sure, be avoided. This work appertains to the local authorities, and the

responsibility and the penalty will be appalling if it is neglected or

unduly delayed.

We are peculiarly subject in our great ports to the spread of

infectious diseases by reason of the fact that unrestricted immigration

brings to us out of European cities, in the overcrowded steerages of

great steamships, a large number of persons whose surroundings make them

the easy victims of the plague. This consideration, as well as those

affecting the political, moral, and industrial interests of our country,

leads me to renew the suggestion that admission to our country and to

the high privileges of its citizenship should be more restricted and

more careful. We have, I think, a right and owe a duty to our own

people, and especially to our working people, not only to keep out the

vicious, the ignorant, the civil disturber, the pauper, and the contract

laborer, but to check the too great flow of immigration now coming by

further limitations.

The report of the World's Columbian Exposition has not yet been

submitted. That of the board of management of the Government exhibit

has been received and is herewith transmitted. The work of construction

and of preparation for the opening of the exposition in May next has

progressed most satisfactorily and upon a scale of liberality and

magnificence that will worthily sustain the honor of the United States.

The District of Columbia is left by a decision of the supreme court

of the District without any law regulating the liquor traffic. An old

statute of the legislature of the District relating to the licensing

of various vocations has hitherto been treated by the Commissioners

as giving them power to grant or refuse licenses to sell intoxicating

liquors and as subjecting those who sold without licenses to penalties;

but in May last the supreme court of the District held against this

view of the powers of the Commissioners. It is of urgent importance,

therefore, that Congress should supply, either by direct enactment

or by conferring discretionary powers upon the Commissioners, proper

limitations and restraints upon the liquor traffic in the District.

The District has suffered in its reputation by many crimes of violence,

a large per cent of them resulting from drunkenness and the liquor

traffic. The capital of the nation should be freed from this reproach

by the enactment of stringent restrictions and limitations upon the

traffic.

In renewing the recommendation which I have made in three preceding

annual messages that Congress should legislate for the protection

of railroad employees against the dangers incident to the old and

inadequate methods of braking and coupling which are still in use upon

freight trains, I do so with the hope that this Congress may take action

upon the subject. Statistics furnished by the Interstate Commerce

Commission show that during the year ending June 30, 1891, there were

forty-seven different styles of car couplers reported to be in use, and

that during the same period there were 2,660 employees killed and 26,140

injured. Nearly 16 per cent of the deaths occurred in the coupling and

uncoupling of cars and over 36 per cent of the injuries had the same

origin.

The Civil Service Commission ask for an increased appropriation for

needed clerical assistance, which I think should be given. I extended

the classified service March 1, 1892, to include physicians,

superintendents, assistant superintendents, school-teachers, and matrons

in the Indian service, and have had under consideration the subject of

some further extensions, but have not as yet fully determined the lines

upon which extensions can most properly and usefully be made.

I have in each of the three annual messages which it has been my duty

to submit to Congress called attention to the evils and dangers

connected with our election methods and practices as they are related

to the choice of officers of the National Government. In my last annual

message I endeavored to invoke serious attention to the evils of unfair

apportionments for Congress. I can not close this message without again

calling attention to these grave and threatening evils. I had hoped that

it was possible to secure a nonpartisan inquiry by means of a commission

into evils the existence of which is known to all, and that out of this

might grow legislation from which all thought of partisan advantage

should be eliminated and only the higher thought appear of maintaining

the freedom and purity of the ballot and the equality of the elector,

without the guaranty of which the Government could never have been

formed and without the continuance of which it can not continue to

exist in peace and prosperity.

It is time that mutual charges of unfairness and fraud between the

great parties should cease and that the sincerity of those who profess

a desire for pure and honest elections should be brought to the test of

their willingness to free our legislation and our election methods from

everything that tends to impair the public confidence in the announced

result. The necessity for an inquiry and for legislation by Congress

upon this subject is emphasized by the fact that the tendency of the

legislation in some States in recent years has in some important

particulars been away from and not toward free and fair elections and

equal apportionments. Is it not time that we should come together upon

the high plane of patriotism while we devise methods that shall secure

the right of every man qualified by law to cast a free ballot and give

to every such ballot an equal value in choosing our public officers and

in directing the policy of the Government?

Lawlessness is not less such, but more, where it usurps the functions of

the peace officer and of the courts. The frequent lynching of colored

people accused of crime is without the excuse, which has sometimes been

urged by mobs for a failure to pursue the appointed methods for the

punishment of crime, that the accused have an undue influence over

courts and juries. Such acts are a reproach to the community where

they occur, and so far as they can be made the subject of Federal

jurisdiction the strongest repressive legislation is demanded. A public

sentiment that will sustain the officers of the law in resisting mobs

and in protecting accused persons in their custody should be promoted

by every possible means. The officer who gives his life in the brave

discharge of this duty is worthy of special honor. No lesson needs to

be so urgently impressed upon our people as this, that no worthy end

or cause can be promoted by lawlessness.

This exhibit of the work of the Executive Departments is submitted to

Congress and to the public in the hope that there will be found in it

a due sense of responsibility and an earnest purpose to maintain the

national honor and to promote the happiness and prosperity of all our

people, and this brief exhibit of the growth and prosperity of the

country will give us a level from which to note the increase or

decadence that new legislative policies may bring to us. There is no

reason why the national influence, power, and prosperity should not

observe the same rates of increase that have characterized the past

thirty years. We carry the great impulse and increase of these years

into the future. There is no reason why in many lines of production we

should not surpass all other nations, as we have already done in some.

There are no near frontiers to our possible development. Retrogression

would be a crime.

BENJ. HARRISON.

[Footnote 31: See pp. 141-142, 152-155, 148-152, 281-283, 249-251,

258-260, 253-258, 263-265, 279-281, 283-284.]

[Footnote 32: See pp. 240-242.]

[Footnote 33: See pp. 290-292.]

[Footnote 34: See p. 301.]

[Footnote 35: See pp. 229-234.]

SPECIAL MESSAGES.

EXECUTIVE MANSION, _December 7, 1892_.

_To the Senate_:

In response to the resolution of the Senate of April 11, 1892,

requesting information in regard to the agreement between the United

States and Great Britain of 1817 concerning the naval forces to be

maintained by the two Governments on the Great Lakes, I transmit

herewith a report of the Secretary of State and accompanying papers,

giving all the information existing in that Department in regard to

the agreement in question.

BENJ. HARRISON.

EXECUTIVE MANSION, _January 4, 1893_.

_To the Senate and House of Representatives_:

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

of the 23d of December, 1892, from the Secretary of the Interior,

accompanied by an agreement concluded by and between the Cherokee

Commission and the Comanche, Kiowa, and Apache tribes of Indians in the

Territory of Oklahoma, for the cession of certain lands and for other

purposes.

BENJ. HARRISON.

EXECUTIVE MANSION, _January 4, 1893_.

_To the Senate and House of Representatives_:

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

of the 23d of December, 1892, from the Secretary of the Interior,

accompanied by an agreement concluded by and between the Cherokee

Commission and the Pawnee tribe of Indians in the Territory of Oklahoma,

for the cession of certain lands and for other purposes.

BENJ. HARRISON.

EXECUTIVE MANSION, _Washington, January 7, 1893_.

_To the Senate_:

In response to the resolution of the Senate of January 6, 1893, calling

on the Secretary of State for information whether the provisions of

Senate bill No. 3513, absolutely suspending immigration for the period

of one year, are in conflict with any treaties now existing between the

United States and any foreign countries, I transmit herewith a report

from the Secretary of State, giving the information called for.

BENJ. HARRISON.

EXECUTIVE MANSION, _Washington, January 11, 1893_.

_To the Senate_:

In response to the resolutions of the Senate dated December 20, 1892,

and January 5, 1893, respectively, I transmit herewith a report from the

Secretary of State of the 10th instant, accompanying the reports of Mr.

Walter T. Griffin, United States commercial agent at Limoges, France,

and Mr. W.H. Edwards, United States consul-general at Berlin, Germany,

which were called for by the aforesaid resolutions.

BENJ. HARRISON.

EXECUTIVE MANSION, _January 13, 1893_.

_To the Senate and House of Representatives_:

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

of State, inclosing the annual report of the Bureau of American

Republics for the year ending June 30, 1892.

BENJ. HARRISON.

EXECUTIVE MANSION, _Washington, January 25, 1893_.

_To the Senate of the United States_:

In response to the resolution of the Senate of the 21st instant,

relating to the alleged killing of Frank B. Riley, a sailor of the

United States steamship _Newark_, in Genoa, Italy, I transmit herewith

a report on the subject from the Secretary of State.

BENJ. HARRISON.

EXECUTIVE MANSION, _January 26, 1893_.

_To the Senate and House of Representatives_:

I transmit herewith, for the information of Congress, the third regular

report of the World's Columbian Commission and the report of the

president of the board of lady managers, with the accompanying papers.

BENJ. HARRISON.

EXECUTIVE MANSION, _January 31, 1893_.

_To the Senate of the United States_:

In compliance with a resolution of the Senate, the House of

Representatives concurring, I return herewith the bill (S. 2625)

entitled "An act to provide for the punishment of offenses on the

high seas."

BENJ. HARRISON.

EXECUTIVE MANSION, _February 2, 1893_.

_To the Senate and House of Representatives_:

On the 23d of July last the following resolution of the House of

Representatives was communicated to me:

_Resolved_, That the President be requested to inform the House, if not

incompatible with the public interests, what regulations are now in

force concerning the transportation of imported merchandise in bond or

duty paid, and products or manufactures of the United States, from one

port in the United States, over Canadian territory, to another port

therein, under the provisions of section 3006 of the Revised Statutes;

whether further legislation thereon is necessary or advisable, and

especially whether a careful inspection of such merchandise should not

be had at the frontiers of the United States upon the departure and

arrival of such merchandise, and whether the interests of the United

States do not require that each car containing such merchandise while

in Canadian territory be in the custody and under the surveillance of

an inspector of the customs department, the cost of such surveillance

to be paid by the foreign carrier transporting such merchandise.

The resolution is limited in its scope to the subject of the transit

of merchandise from one port in the United States, through Canadian

territory, to another port in the United States, under the provisions of

section 3006 of the Revised Statutes; but I have concluded that a review

of our treaty obligations, if any, and of our legislation upon the whole

subject of the transit of goods from, to, or through Canada is

desirable, and therefore address this message to the Congress.

It should be known before new legislation is proposed whether the United

States is under any treaty obligations which affect this subject growing

out of the provisions of Article XXIX of the treaty of Washington. That

article is as follows:

It is agreed that for the term of years mentioned in Article XXXIII of

this treaty goods, wares, or merchandise arriving at the ports of New

York, Boston, and Portland, and any other ports in the United States

which have been or may from time to time be specially designated by

the President of the United States, and destined for Her Britannic

Majesty's possessions in North America, may be entered at the proper

custom-house and conveyed in transit, without the payment of duties,

through the territory of the United States, under such rules,

regulations, and conditions for the protection of the revenue as the

Government of the United States may from time to time prescribe; and

under like rules, regulations, and conditions goods, wares, or

merchandise may be conveyed in transit, without the payment of duties,

from such possessions through the territory of the United States for

export from the said ports of the United States.

It is further agreed that for the like period goods, wares, or

merchandise arriving at any of the ports of Her Britannic Majesty's

possessions in North America and destined for the United States may be

entered at the proper custom-house and conveyed in transit, without the

payment of duties, through the said possessions, under such rules and

regulations and conditions for the protection of the revenue as the

governments of the said possessions may from time to time prescribe;

and under like rules, regulations, and conditions goods, wares, or

merchandise may be conveyed in transit, without payment of duties, from

the United States through the said possessions to other places in the

United States, or for export from ports in the said possessions.

It will be noticed that provision is here made--

First. For the transit in bond, without the payment of duties, of goods

arriving at specified ports of the United States, and at others to be

designated by the President, destined for Canada.

Second. For the transit from Canada to ports of the United States,

without the payment of duties, of merchandise for export.

Third. For the transit of merchandise arriving at Canadian ports,

destined for the United States, through Canadian territory to

the United States, without the payment of duties to the Dominion

government.

Fourth. For the transit of merchandise from the United States to

Canadian ports for export without the payment of duties.

Fifth. For the transit of merchandise, without the payment of duties,

from the United States, through Canada, to other places in the United

States.

The first and second of these provisions were concessions by the

United States and were made subject to "such rules, regulations, and

conditions for the protection of the revenue as the Government of the

United States may from time to time prescribe." The third, fourth, and

fifth provisions of the articles are concessions on the part of the

Dominion of Canada and are made subject to "such rules and regulations

and conditions for the protection of the revenue as the governments of

the said possessions may from time to time prescribe." The first and

second and the third and fourth of these provisions are reciprocal in

their nature. The fifth, which provides for the transit of merchandise

from one point in the United States, through Canada, to another point in

the United States, is not met by a reciprocal provision for the passage

of Canadian goods from one point in Canada to another point in Canada

through the United States. If this article of the treaty is in force,

the obligations assumed by the United States should be fully and

honorably observed until such time as this Government shall free

itself from them by methods provided in the treaty or recognized by

international law. It is, however, no part of the obligation resting

upon the United States under the treaty that it will use the concessions

made to it by Canada. This Government would undoubtedly meet its full

duty by yielding in an ample manner the concessions made by it to

Canada. There could be no just cause of complaint by Great Britain or

Canada if the compensating concession to the United States should not

be exercised. We have not stipulated in the treaty that we will permit

merchandise to be moved through Canadian territory from one point of the

United States to another at the will of the shipper. The stipulation is

on the part of Canada that it will permit such merchandise to enter its

territory from the United States, to pass through it, and to return to

the United States without the exaction of duties and without other

burdens than such as may be necessary to protect its revenues.

The questions whether we shall continue to allow merchandise to pass

from one point in the United States, through Canadian territory, to

another point in the United States, and, if so, to what exactions and

examinations it shall be subjected on reentering our territory, are

wholly within the power of Congress without reference to the question

whether Article XXIX is or is not in force.

The treaty of Washington embraced a number of absolutely independent

subjects. Its purpose, as recited, was "to provide for an amicable

settlement of all causes of difference between the two countries."

It provided for four distinct arbitrations of unsettled questions,

including the Alabama claims, for a temporary settlement of the

questions growing out of the fisheries, and for various arrangements

affecting commerce and intercourse between the United States and the

British North American possessions. Some of its provisions were made

terminable by methods pointed out in the treaty. Articles I to XVII,

inclusive, provide for the settlement of the Alabama claims and of the

claims of British subjects against the United States, and have been

fully executed. Articles XVIII to XXV, inclusive, relate to the subject

of the fisheries, and provide for a joint commission to determine what

indemnity should be paid to Great Britain for the fishing privileges

conceded. These articles have been terminated by the notice provided

for in the treaty.

Article XXVI provides for the free navigation of the St. Lawrence,

Yukon, Porcupine, and Stikine rivers. Article XXVII provides for the

equal use of certain frontier canals and waterways, and contains no

provision for termination upon notice. Article XXVIII opens Lake

Michigan to the commerce of British subjects under proper regulations,

and contains a provision for its abrogation, to which reference will

presently be made. Article XXX provides for certain privileges of

transshipment on the Lakes and northern waterways, and contains the

same provision as Article XXIX as to the method by which it may be

terminated. Article XXXI provides for the nonimposition of a Canadian

export duty on lumber cut in certain districts in Maine and floated

to the sea by the St. Johns River, and contains no limitation as to

time and no provision for its abrogation. Article XXXII extended to

Newfoundland in the event of proper legislation by that Province the

fishery provisions of Articles XVIII to XXV, and was of course abrogated

with those articles. Article XXXIII, which provides a method for the

abrogation of certain articles of the treaty, I will presently quote

at length. The remaining articles of the treaty, namely XXXV to XLII,

provide for the arbitration of the dispute as to the Vancouver Island

and De Haro Channel boundary, and have been fully executed. Articles

XVIII, XIX, XXI, XXVIII, XXIX, and XXX each contains a provision

limiting their life to "the term of years mentioned in Article XXXIII of

this treaty." The articles between XVIII and XXX, inclusive, which do

not contain this provision, are those that provide for an arbitration of

the fishery question, which were of course terminable by the completion

of the arbitration; Article XXVI, relating to the navigation of the St.

Lawrence and other rivers, and Article XXVII, relating to the use of the

canals. The question whether Article XXIX is still in force depends,

so far as the construction of the treaty goes, upon the meaning of the

words "the term of years mentioned in Article XXXIII." That article is

as follows:

The foregoing Articles XVIII to XXV, inclusive, and Article XXX of this

treaty shall take effect as soon as the laws required to carry them

into operation shall have been passed by the Imperial Parliament of

Great Britain, by the parliament of Canada, and by the legislature of

Prince Edwards Island on the one hand and by the Congress of the United

States on the other. Such assent having been given, the said articles

shall remain in force for the period of ten years from the date at

which they may come into operation, and, further, until the expiration

of two years after either of the high contracting parties shall have

given notice to the other of its wish to terminate the same; each of

the high contracting parties being at liberty to give such notice to

the other at the end of the said period of ten years or at any time

afterwards.

The question of construction here presented is whether the reference to

"the term of years mentioned in Article XXXIII" is to be construed as

limiting the continuance of Article XXIX to the duration of Articles

XVIII to XXV and XXX in such a way that the abrogation of those articles

necessarily carried with it the other articles of the treaty which

contained the reference to Article XXXIII already quoted, or whether

the reference to this "term of years" in Articles XXVIII and XXIX was

intended to provide a method of abrogation after ten years from the time

of their taking effect, viz, a notice of two years of an intention to

abrogate. The language of the treaty, considered alone, might support

the conclusion that Article XXXIII was intended to provide a uniform

method of abrogation for certain other articles. It will be noticed that

the treaty does not expressly call for legislation to put Article XXIX

into operation. Senator Edmunds, in the discussion in the Senate of

the joint resolution terminating the fisheries article, took the view

that no legislation was necessary. It seems to me, however, that such

legislation was necessary, and Congress acted upon this view in the law

of 1873, to which reference will presently be made. An examination of

the discussion between the plenipotentiaries who framed the treaty

furnishes this entry, which President Cleveland thought to be conclusive

of the intention of the plenipotentiaries, viz:

The transit question was discussed, and it was agreed that any

settlement that might be made should include a reciprocal arrangement

in that respect for the period for which the fishery articles should

be in force.

On March 1, 1873, Congress passed an act entitled "An act to carry into

effect the provisions of the treaty between the United States and Great

Britain signed in the city of Washington the 8th day of May, 1871,

relating to the fisheries." The act consisted of five sections, the

first and second of which provided for carrying into effect the

provisions of the treaty "relating to the fisheries." The fourth section

provided for carrying into effect section 30 of the treaty. These three

sections furnished the legislation contemplated by Article XXXIII of

the treaty to carry into effect Articles XVIII to XXV and XXX. The act,

however, went further, as will be seen by an examination of section 3,

which is as follows:

That from the date of the President's proclamation authorized by the

first section of this act, and so long as the Articles XVIII to XXV,

inclusive, and Article XXX of said treaty shall remain in force,

according to the terms and conditions of Article XXXIII of said treaty,

all goods, wares, or merchandise arriving at the ports of New York,

Boston, and Portland, and any other ports in the United States which

have been or may from time to time be specially designated by the

President of the United States, and destined for Her Britannic

Majesty's possessions in North America, may be entered at the proper

custom-house and conveyed in transit, without the payment of duties,

through the territory of the United States, under such rules,

regulations, and conditions for the protection of the revenue as the

Secretary of the Treasury may from time to time prescribe; and under

like rules, regulations, and conditions goods, wares, or merchandise

may be conveyed in transit, without the payment of duties, from such

possessions through the territory of the United States, for export

from the said ports of the United States.

It will be noticed that provision is here made for carrying into effect

the two provisions of Article XXIX which I have already characterized as

the concessions on the part of the United States, namely, the passage

duty free from certain designated ports of the United States to Canada

of imported goods, and the passage duty free to ports of the United

States of Canadian goods for export. Section 3 of the law of 1873, which

I have quoted, however, contains a legislative construction of Article

XXIX of the treaty in the limitation that the provisions therein

contained as to the transit of goods should continue in force only so

long as Articles XVIII to XXV, inclusive, and XXX of the treaty should

remain in force.

On March 3, 1883, Congress passed a joint resolution entitled as

follows: "Joint resolution providing for the termination of articles

numbered XVIII to XXV, inclusive, and article numbered XXX of the treaty

between the United States of America and Her Britannic Majesty concluded

at Washington May 8, 1871."

The resolution provided for the giving of notice of the abrogation of

the articles of the treaty named in the title, and of no others. Section

3 contained the following provision:

And the act of Congress approved March 1, A.D. 1873, entitled * * * so

far as it relates to the articles of said treaty so to be terminated,

shall be and stand repealed and be of no force on and after the time

of the expiration of said two years.

An examination of the debates at the time of the passage of this joint

resolution very clearly shows that Congress made an attempt to save

Article XXIX of the treaty and section 3 of the act of 1873. In the

Senate on the 21st of February, 1883, the resolution being under

consideration, several Senators, including Mr. Edmunds, the chairman of

the Judiciary Committee, expressed the opinion that Article XXIX would

not be affected by the abrogation of Articles XVIII to XXV and XXX, and

an amendment was made to the resolution with a view to leave section 3

of the act of 1873 in force. The same view was taken in the debates in

the House.

The subject again came before Congress in connection with the

consideration of a bill (S. 3173) to "authorize the President of the

United States to protect and defend the rights of American fishing

vessels, American fishermen, American trading and other vessels in

certain cases, and for other purposes."

In the course of the debate upon the bill in the Senate January 24,

1887, and in the House February 23 following, the prevailing opinion

was, though not without some dissent, that Article XXIX was still in

force.

On the 6th of July, 1887, in response to an inquiry by the Secretary of

the Treasury, Mr. Bayard wrote a letter, a copy of which accompanies

this message, in which he expresses the opinion that Article XXIX of

the treaty was unaffected by the abrogation of the fisheries articles

and was still in force. In August, 1888, however, Mr. Cleveland, in

a message to Congress, expresses his opinion of the question in the

following language:

In any event, and whether the law of 1873 construes the treaty or

governs it, section 29 of such treaty, I have no doubt, terminated with

the proceedings taken by our Government to terminate Articles XVIII to

XXV, inclusive, and Article XXX of the treaty. * * *

If by any language used in the joint resolution it was intended to

relieve section 3 of the act of 1873, embodying Article XXIX of the

treaty, from its own limitations, or to save the article itself, I am

entirely satisfied that the intention miscarried.

I have asked the opinion of the Attorney-General upon this question, and

his answer accompanies this message. He is of the opinion that Article

XXIX has been abrogated.

It should be added that the United States has continuously, through the

Treasury Department, conducted our trade intercourse with Canada as if

Article XXIX of the treaty and section 3 of the act of 1873 remained

in force, and that Canada has continued to yield in practice the

concessions made by her in that article. No change in our Treasury

methods was made following Mr. Cleveland's message from which I have

quoted. I am inclined to think that, using the aids which the protocol

and the nearly contemporaneous legislation by Congress in the act of

1873 furnish in construing the treaty, the better opinion is that

Article XXIX of the treaty is no longer operative. The enactment of

section 3 of the act of 1873 was a clear declaration that legislation

was necessary to put Article XXIX of the treaty into operation, and that

under the treaty our obligation to provide such legislation terminated

whenever Articles XVIII to XXV and XXX should be abrogated. This

legislation was accepted by Great Britain as a compliance with our

obligations under the treaty. No objection was made that our statute

treated Article XXIX as having force only so long as the other articles

named were in force.

But the question whether Article XXIX is in force has less practical

importance than has been supposed, for it does not, if in force, place

any restraints upon the United States as to the method of dealing with

imported merchandise destined for the United States arriving at a

Canadian port for transportation to the United States, or of merchandise

passing through Canadian territory from one place in the United States

to another. It would be no infraction either of the letter or of the

spirit of the treaty if we should stop, unload, and carefully inspect

every vehicle arriving at our border with such merchandise; nor, on the

other hand, would Canada violate her obligations under the treaty by a

like treatment of merchandise imported through the port of New York on

its arrival in Canada. Neither Government has placed itself under any

restraint as to merchandise intended for the use of its own people

when such merchandise comes within its own territory. The question,

therefore, as to how we shall deal with merchandise imported by our own

people through a Canadian port and with merchandise passing from one

place in the United States to another through Canadian territory is

wholly one of domestic policy and law.

I turn now to consider the legislation of Congress upon this subject,

upon which, as it seems to me, the duties of the Treasury and the rights

of our people as to those phases of the transportation question to which

I have just alluded wholly depend. Sections 3005 and 3006 of the Revised

Statutes, which are taken from the act of July 28, 1866, entitled

"An act to protect the revenue, and for other purposes" (14 U.S.

Statutes at Large, p. 328), are as follows:

SEC. 3005. All merchandise arriving at the ports of New York, Boston,

Portland in Maine, or any other port specially designated by the

Secretary of the Treasury, and destined for places in the adjacent

British Provinces, or arriving at the port of [_Point Isabel_]

[Brownsville] in Texas, or any other port specially designated by the

Secretary of the Treasury, and destined for places in the Republic of

Mexico, may be entered at the custom-house and conveyed in transit

through the territory of the United States without the payment of

duties, under such regulations as the Secretary of the Treasury may

prescribe.

SEC. 3006. Imported merchandise in bond, or duty paid, and products

or manufactures of the United States, may, with the consent of the

proper authorities of the British Provinces or Republic of Mexico, be

transported from one port in the United States to another port therein,

over the territory of such Provinces or Republic, by such routes and

under such rules, regulations, and conditions as the Secretary of the

Treasury may prescribe; and the merchandise so transported shall,

upon arrival in the United States from such Provinces or Republic, be

treated in regard to the liability to or exemption from duty or tax as

if the transportation had taken place entirely within the limits of

the United States.

A Compilation of the Messages and Papers of the Presidents. Volume 9, part 1: Benjamin Harrison · 第 16 / 18 章