In my last annual Message, in connection with the subject of the

due regulation of combinations of capital which are or may become

injurious to the public, I recommended a special appropriation for

the better enforcement of the anti-trust law as it now stands, to be

expended under the direction of the Attorney-General. Accordingly (by

the legislative, executive, and judicial appropriation act of February

25, 1903, 32 Stat., 854, 904), the Congress appropriated, for the

purpose of enforcing the various Federal trust and interstate commerce

laws, the sum of five hundred thousand dollars, to be expended under

the direction of the Attorney-General in the employment of special

counsel and agents in the Department of Justice to conduct proceedings

and prosecutions under said laws in the courts of the United States.

I now recommend, as a matter of the utmost importance and urgency,

the extension of the purposes of this appropriation, so that it may

be available, under the direction of the Attorney-General, and until

used, for the due enforcement of the laws of the United States in

general and especially of the civil and criminal laws relating to

public lands and the laws relating to postal crimes and offences and

the subject of naturalization. Recent investigations have shown a

deplorable state of affairs in these three matters of vital concern.

By various frauds and by forgeries and perjuries, thousands of

acres of the public domain, embracing lands of different character

and extending through various sections of the country, have been

dishonestly acquired. It is hardly necessary to urge the importance of

recovering these dishonest acquisitions, stolen from the people, and

of promptly and duly punishing the offenders. I speak in another part

of this Message of the widespread crimes by which the sacred right

of citizenship is falsely asserted and that “inestimable heritage”

perverted to base ends. By similar means—that is, through frauds,

forgeries, and perjuries, and by shameless briberies—the laws relating

to the proper conduct of the public service in general and to the due

administration of the Post-Office Department have been notoriously

violated, and many indictments have been found, and the consequent

prosecutions are in course of hearing or on the eve thereof. For the

reasons thus indicated, and so that the government may be prepared

to enforce promptly and with the greatest effect the due penalties

for such violations of law, and to this end may be furnished with

sufficient instrumentalities and competent legal assistance for the

investigations and trials which will be necessary at many different

points of the country, I urge upon the Congress the necessity of

making the said appropriation available for immediate use for all such

purposes, to be expended under the direction of the Attorney-General.

Steps have been taken by the State Department looking to the making

of bribery an extraditable offence with foreign powers. The need of

more effective treaties covering this crime is manifest. The exposures

and prosecutions of official corruption in St. Louis, Mo., and other

cities and States have resulted in a number of givers and takers of

bribes becoming fugitives in foreign lands. Bribery has not been

included in extradition treaties heretofore, as the necessity for it

has not arisen. While there may have been as much official corruption

in former years, there has been more developed and brought to light

in the immediate past than in the preceding century of our country’s

history. It should be the policy of the United States to leave no

place on earth where a corrupt man fleeing from this country can rest

in peace. There is no reason why bribery should not be included in

all treaties as extraditable. The recent amended treaty with Mexico,

whereby this crime was put in the list of extraditable offences, has

established a salutary precedent in this regard. Under this treaty the

State Department has asked, and Mexico has granted, the extradition

of one of the St. Louis bribe givers.

There can be no crime more serious than bribery. Other offences

violate one law while corruption strikes at the foundation of all

law. Under our form of government all authority is vested in the

people and by them delegated to those who represent them in official

capacity. There can be no offence heavier than that of him in whom

such a sacred trust has been reposed, who sells it for his own gain

and enrichment; and no less heavy is the offence of the bribe giver.

He is worse than the thief, for the thief robs the individual, while

the corrupt official plunders an entire city or State. He is as wicked

as the murderer, for the murderer may only take one life against the

law, while the corrupt official and the man who corrupts the official

alike aim at the assassination of the commonwealth itself. Government

of the people, by the people, for the people will perish from the face

of the earth if bribery is tolerated. The givers and takers of bribes

stand on an evil pre-eminence of infamy. The exposure and punishment

of public corruption is an honor to a nation, not a disgrace. The

shame lies in toleration, not in correction. No city or State, still

less the Nation, can be injured by the enforcement of law. As long

as public plunderers when detected can find a haven of refuge in any

foreign land and avoid punishment, just so long encouragement is given

them to continue their practices. If we fail to do all that in us lies

to stamp out corruption we can not escape our share of responsibility

for the guilt. The first requisite of successful self-government is

unflinching enforcement of the law and the cutting out of corruption.

* * * * *

For several years past the rapid development of Alaska and the

establishment of growing American interests in regions theretofore

unsurveyed and imperfectly known brought into prominence the urgent

necessity of a practical demarcation of the boundaries between the

jurisdictions of the United States and Great Britain. Although the

treaty of 1825 between Great Britain and Russia, the provisions of

which were copied in the treaty of 1867, whereby Russia conveyed

Alaska to the United States, was positive as to the control, first by

Russia and later by the United States, of a strip of territory along

the continental mainland from the western shore of Portland Canal

to Mount St. Elias, following and surrounding the indentations of

the coast and including the islands to the westward, its description

of the landward margin of the strip was indefinite, resting on the

supposed existence of a continuous ridge or range of mountains

skirting the coast, as figured in the charts of the early navigators.

It had at no time been possible for either party in interest to lay

down, under the authority of the treaty, a line so obviously exact

according to its provisions as to command the assent of the other.

For nearly three-fourths of a century the absence of tangible local

interests demanding the exercise of positive jurisdiction on either

side of the border left the question dormant. In 1878, questions of

revenue administration on the Stikine River led to the establishment

of a provisional demarcation, crossing the channel between two high

peaks on either side about twenty-four miles above the river mouth. In

1899, similar questions growing out of the extraordinary development

of mining interests in the region about the head of Lynn Canal brought

about a temporary _modus vivendi_, by which a convenient separation

was made at the watershed divides of the White and Chilkoot passes

and to the north of Klukwan, on the Klehini River. These partial and

tentative adjustments could not, in the very nature of things, be

satisfactory or lasting. A permanent disposition of the matter became

imperative.

After unavailing attempts to reach an understanding through a Joint

High Commission, followed by prolonged negotiations, conducted in an

amicable spirit, a convention between the United States and Great

Britain was signed, January 24, 1903, providing for an examination

of the subject by a mixed tribunal of six members, three on a side,

with a view to its final disposition. Ratifications were exchanged on

March 3 last, whereupon the two governments appointed their respective

members. Those on behalf of the United States were Elihu Root,

Secretary of War; Henry Cabot Lodge, a Senator of the United States,

and George Turner, an ex-Senator of the United States, while Great

Britain named the Right Honorable Lord Alverstone, Lord Chief Justice

of England; Sir Louis Amable Jetté, K.C.M.G., retired judge of the

Supreme Court of Quebec, and A. B. Aylesworth, K.C., of Toronto. This

Tribunal met in London on September 3, under the Presidency of Lord

Alverstone. The proceedings were expeditious, and marked by a friendly

and conscientious spirit. The respective cases, counter cases, and

arguments presented the issues clearly and fully. On the 20th of

October a majority of the Tribunal reached and signed an agreement on

all the questions submitted by the terms of the Convention. By this

award the right of the United States to the control of a continuous

strip or border of the mainland shore, skirting all the tide-water

inlets and sinuosities of the coast, is confirmed; the entrance to

Portland Canal (concerning which legitimate doubt appeared) is defined

as passing by Tongass Inlet and to the northwestward of Wales and

Pearse Islands; a line is drawn from the head of Portland Canal to

the fifty-sixth degree of north latitude; and the interior border

line of the strip is fixed by lines connecting certain mountain

summits lying between Portland Canal and Mount St. Elias, and running

along the crest of the divide separating the coast slope from the

inland watershed at the only part of the frontier where the drainage

ridge approaches the coast within the distance of ten marine leagues

stipulated by the treaty as the extreme width of the strip around the

heads of Lynn Canal and its branches.

While the line so traced follows the provisional demarcation of 1878

at the crossing of the Stikine River, and that of 1899 at the summits

of the White and Chilkoot passes, it runs much further inland from

the Klehini than the temporary line of the later _modus vivendi_, and

leaves the entire mining district of the Porcupine River and Glacier

Creek within the jurisdiction of the United States.

The result is satisfactory in every way. It is of great material

advantage to our people in the Far Northwest. It has removed from the

field of discussion and possible danger a question liable to become

more acutely accentuated with each passing year. Finally, it has

furnished a signal proof of the fairness and good-will with which two

friendly nations can approach and determine issues involving national

sovereignty and by their nature incapable of submission to a third

power for adjudication.

The award is self-executing on the vital points. To make it effective

as regards the others it only remains for the two governments to

appoint, each on its own behalf, one or more scientific experts, who

shall, with all convenient speed, proceed together to lay down the

boundary line in accordance with the decision of the majority of the

Tribunal. I recommend that the Congress make adequate provision for

the appointment, compensation, and expenses of the members to serve on

this joint boundary commission on the part of the United States.

* * * * *

It will be remembered that during the second session of the last

Congress Great Britain, Germany, and Italy formed an alliance for

the purpose of blockading the ports of Venezuela and using such other

means of pressure as would secure a settlement of claims due, as they

alleged, to certain of their subjects. Their employment of force for

the collection of these claims was terminated by an agreement brought

about through the offices of the diplomatic representatives of the

United States at Caracas and the Government at Washington, thereby

ending a situation which was bound to cause increasing friction, and

which jeoparded the peace of the continent. Under this agreement

Venezuela agreed to set apart a certain percentage of the customs

receipts of two of her ports to be applied to the payment of whatever

obligations might be ascertained by mixed commissions appointed for

that purpose to be due from her, not only to the three powers already

mentioned, whose proceedings against her had resulted in a state

of war, but also to the United States, France, Spain, Belgium, the

Netherlands, Sweden and Norway, and Mexico, who had not employed force

for the collection of the claims alleged to be due to certain of their

citizens.

A demand was then made by the so-called blockading powers that the

sums ascertained to be due to their citizens by such mixed commissions

should be accorded payment in full before anything was paid upon the

claims of any of the so-called peace powers. Venezuela, on the other

hand, insisted that all her creditors should be paid upon a basis of

exact equality. During the efforts to adjust this dispute it was

suggested by the powers in interest that it should be referred to me

for decision, but I was clearly of the opinion that a far wiser course

would be to submit the question to the Permanent Court of Arbitration

at The Hague. It seemed to me to offer an admirable opportunity to

advance the practice of the peaceful settlement of disputes between

nations and to secure for The Hague Tribunal a memorable increase of

its practical importance. The nations interested in the controversy

were so numerous, and in many instances so powerful, as to make it

evident that beneficent results would follow from their appearance at

the same time before the bar of that august tribunal of peace.

Our hopes in that regard have been realized. Russia and Austria are

represented in the persons of the learned and distinguished jurists

who compose the Tribunal, while Great Britain, Germany, France,

Spain, Italy, Belgium, the Netherlands, Sweden, and Norway, Mexico,

the United States, and Venezuela are represented by their respective

agents and counsel. Such an imposing concourse of nations presenting

their arguments to and invoking the decision of that high court of

international justice and international peace can hardly fail to

secure a like submission of many future controversies. The nations

now appearing there will find it far easier to appear there a second

time, while no nation can imagine its just pride will be lessened by

following the example now presented. This triumph of the principle of

international arbitration is a subject of warm congratulation and

offers a happy augury for the peace of the world.

There seems good ground for the belief that there has been a real

growth among the civilized nations of a sentiment which will permit a

gradual substitution of other methods than the method of war in the

settlement of disputes. It is not pretended that as yet we are near a

position in which it will be possible wholly to prevent war, or that a

just regard for national interest and honor will in all cases permit

of the settlement of international disputes by arbitration; but by a

mixture of prudence and firmness with wisdom we think it is possible

to do away with much of the provocation and excuse for war, and at

least in many cases to substitute some other and more rational method

for the settlement of disputes. The Hague Court offers so good an

example of what can be done in the direction of such settlement that

it should be encouraged in every way.

Further steps should be taken. In President McKinley’s annual Message

of December 5, 1898, he made the following recommendation:

“The experiences of the last year bring forcibly home to us a sense

of the burdens and the waste of war. We desire, in common with most

civilized nations, to reduce to the lowest possible point the damage

sustained in time of war by peaceable trade and commerce. It is

true we may suffer in such cases less than other communities, but

all nations are damaged more or less by the state of uneasiness and

apprehension into which an outbreak of hostilities throws the entire

commercial world. It should be our object, therefore, to minimize, so

far as practicable, this inevitable loss and disturbance. This purpose

can probably best be accomplished by an international agreement

to regard all private property at sea as exempt from capture or

destruction by the forces of belligerent powers. The United States

Government has for many years advocated this humane and beneficent

principle, and is now in a position to recommend it to other powers

without the imputation of selfish motives. I therefore suggest for

your consideration that the Executive be authorized to correspond

with the governments of the principal maritime powers with a view

of incorporating into the permanent law of civilized nations the

principle of the exemption of all private property at sea, not

contraband of war, from capture or destruction by belligerent powers.”

I cordially renew this recommendation.

The Supreme Court, speaking on December 11, 1899, through Peckham, J.,

said:

“It is, we think, historically accurate to say that this Government

has always been, in its views, among the most advanced of the

governments of the world in favor of mitigating, as to all

non-combatants, the hardships and horrors of war. To accomplish that

object it has always advocated those rules which would in most cases

do away with the right to capture the private property of an enemy on

the high seas.”

I advocate this as a matter of humanity and morals. It is

anachronistic when private property is respected on land that it

should not be respected at sea. Moreover, it should be borne in mind

that shipping represents, internationally speaking, a much more

generalized species of private property than is the case with ordinary

property on land—that is, property found at sea is much less apt than

is the case with property found on land really to belong to any one

nation. Under the modern system of corporate ownership the flag of a

vessel often differs from the flag which would mark the nationality of

the real ownership and money control of the vessel; and the cargo may

belong to individuals of yet a different nationality. Much American

capital is now invested in foreign ships; and among foreign nations

it often happens that the capital of one is largely invested in the

shipping of another. Furthermore, as a practical matter, it may be

mentioned that while commerce destroying may cause serious loss and

great annoyance, it can never be more than a subsidiary factor in

bringing to terms a resolute foe. This is now well recognized by all

of our naval experts. The fighting ship, not the commerce destroyer,

is the vessel whose feats add renown to a nation’s history, and

establish her place among the great powers of the world.

Last year the Interparliamentary Union for International Arbitration

met at Vienna, six hundred members of the different legislatures of

civilized countries attending. It was provided that the next meeting

should be in 1904 at St. Louis, subject to our Congress extending an

invitation. Like The Hague Tribunal, this Interparliamentary Union

is one of the forces tending toward peace among the nations of the

earth, and it is entitled to our support. I trust the invitation can

be extended.

* * * * *

Early in July, having received intelligence, which happily turned

out to be erroneous, of the assassination of our vice-consul at

Beirut, I despatched a small squadron to that port for such service

as might be found necessary on arrival. Although the attempt on the

life of our vice-consul had not been successful, yet the outrage was

symptomatic of a state of excitement and disorder which demanded

immediate attention. The arrival of the vessels had the happiest

result. A feeling of security at once took the place of the former

alarm and disquiet; our officers were cordially welcomed by the

consular body and the leading merchants, and ordinary business resumed

its activity. The government of the Sultan gave a considerate hearing

to the representations of our minister; the official who was regarded

as responsible for the disturbed condition of affairs was removed.

Our relations with the Turkish Government remain friendly; our claims

founded on inequitable treatment of some of our schools and missions

appear to be in process of amicable adjustment.

* * * * *

The signing of a new commercial treaty with China, which took place

at Shanghai on the 8th of October, is a cause for satisfaction.

This act, the result of long discussion and negotiation, places

our commercial relations with the great Oriental Empire on a more

satisfactory footing than they have ever heretofore enjoyed. It

provides not only for the ordinary rights and privileges of diplomatic

and consular officers, but also for an important extension of our

commerce by increased facility of access to Chinese ports, and for

the relief of trade by the removal of some of the obstacles which

have embarrassed it in the past. The Chinese Government engages, on

fair and equitable conditions, which will probably be accepted by the

principal commercial nations, to abandon the levy of “liken” and other

transit dues throughout the Empire, and to introduce other desirable

administrative reforms. Larger facilities are to be given to our

citizens who desire to carry on mining enterprises in China. We have

secured for our missionaries a valuable privilege, the recognition of

their right to rent and lease in perpetuity such property as their

religious societies may need in all parts of the Empire. And, what

was an indispensable condition for the advance and development of

our commerce in Manchuria, China, by treaty with us, has opened to

foreign commerce the cities of Mukden, the capital of the province of

Manchuria, and Antung, an important port on the Yalu River, on the

road to Korea. The full measure of development which our commerce may

rightfully expect can hardly be looked for until the settlement of the

present abnormal state of things in the Empire; but the foundation

for such development has at last been laid.

* * * * *

I call your attention to the reduced cost in maintaining the consular

service for the fiscal year ending June 30, 1903, as shown in the

annual report of the Auditor for the State and other Departments, as

compared with the year previous. For the year under consideration

the excess of expenditures over receipts on account of the consular

service amounted to $26,125.12, as against $96,972.50 for the year

ending June 30, 1902, and $147,040.16 for the year ending June 30,

1901. This is the best showing in this respect for the consular

service for the past fourteen years, and the reduction in the cost

of the service to the Government has been made in spite of the fact

that the expenditures for the year in question were more than $20,000

greater than for the previous year.

* * * * *

The rural free-delivery service has been steadily extended. The

attention of the Congress is asked to the question of the compensation

of the letter carriers and clerks engaged in the postal service,

especially on the new rural free-delivery routes. More routes have

been installed since the first of July last than in any like period

in the Department’s history. While a due regard to economy must be

kept in mind in the establishment of new routes, yet the extension

of the rural free-delivery system must be continued, for reasons

of sound public policy. No governmental movement of recent years

has resulted in greater immediate benefit to the people of the

country districts. Rural free-delivery, taken in connection with the

telephone, the bicycle, and the trolley, accomplishes much toward

lessening the isolation of farm life and making it brighter and more

attractive. In the immediate past the lack of just such facilities as

these has driven many of the more active and restless young men and

women from the farms to the cities; for they rebelled at loneliness

and lack of mental companionship. It is unhealthy and undesirable

for the cities to grow at the expense of the country; and rural

free-delivery is not only a good thing in itself, but is good because

it is one of the causes which check this unwholesome tendency toward

the urban concentration of our population at the expense of the

country districts. It is for the same reason that we sympathize with

and approve of the policy of building good roads. The movement for

good roads is one fraught with the greatest benefit to the country

districts.

* * * * *

Presidential addresses and state papers, Volume 2 (of 7) · 第 16 / 27 段