in some of its provisions and ought to be amended. The Commissioners urge,
with good reason, the necessity of providing a building for the use of the
District government which shall better secure the safety and preservation
of its valuable books and records.
The present condition of the law relating to the succession to the
Presidency in the event of the death, disability, or removal of both the
President and Vice-President is such as to require immediate amendment.
This subject has repeatedly been considered by Congress, but no result has
been reached. The recent lamentable death of the Vice-President, and
vacancies at the same time in all other offices the incumbents of which
might immediately exercise the functions of the presidential office, has
caused public anxiety and a just demand that a recurrence of such a
condition of affairs should not be permitted.
In conclusion I commend to the wise care and thoughtful attention of
Congress the needs, the welfare, and the aspirations of an intelligent and
generous nation. To subordinate these to the narrow advantages of
partisanship or the accomplishment of selfish aims is to violate the
people's trust and betray the people's interests; but an individual sense
of responsibility on the part of each of us and a stern determination to
perform our duty well must give us place among those who have added in
their day and generation to the glory and prosperity of our beloved land.
***
State of the Union Address
Grover Cleveland
December 6, 1886
To the Congress of the United States:
In discharge of a constitutional duty, and following a well-established
precedent in the Executive office, I herewith transmit to the Congress at
its reassembling certain information concerning the state of the Union,
together with such recommendations for legislative consideration as appear
necessary and expedient.
Our Government has consistently maintained its relations of friendship
toward all other powers and of neighborly interest toward those whose
possessions are contiguous to our own. Few questions have arisen during the
past year with other governments, and none of those are beyond the reach of
settlement in friendly counsel.
We are as yet without provision for the settlement of claims of citizens of
the United States against Chile for injustice during the late war with Peru
and Bolivia. The mixed commissions organized under claims conventions
concluded by the Chilean Government with certain European States have
developed an amount of friction which we trust can be avoided in the
convention which our representative at Santiago is authorized to
negotiate.
The cruel treatment of inoffensive Chinese has, I regret to say, been
repeated in some of the far Western States and Territories, and acts of
violence against those people, beyond the power of the local constituted
authorities to prevent and difficult to punish, are reported even in
distant Alaska. Much of this violence can be traced to race prejudice and
competition of labor, which can not, however, justify the oppression of
strangers whose safety is guaranteed by our treaty with China equally with
the most favored nations.
In opening our vast domain to alien elements the purpose of our lawgivers
was to invite assimilation, and not to provide an arena for endless
antagonism. The paramount duty of maintaining public order and defending
the interests of our own people may require the adoption of measures of
restriction, but they should not tolerate the oppression of individuals of
a special race. I am not without assurance that the Government of China,
whose friendly disposition toward us I am most happy to recognize, will
meet us halfway in devising a comprehensive remedy by which an effective
limitation of Chinese emigration, joined to protection of those Chinese
subjects who remain in this country, may be secured.
Legislation is needed to execute the provisions of our Chinese convention
of 1880 touching the opium traffic.
While the good will of the Colombian Government toward our country is
manifest, the situation of American interests on the Isthmus of Panama has
at times excited concern and invited friendly action looking to the
performance of the engagements of the two nations concerning the territory
embraced in the interoceanic transit. With the subsidence of the Isthmian
disturbances and the erection of the State of Panama into a federal
district under the direct government of the constitutional administration
at Bogota, a new order of things has been inaugurated, which, although as
yet somewhat experimental and affording scope for arbitrary exercise of
power by the delegates of the national authority, promises much
improvement.
The sympathy between the people of the United States and France, born
during our colonial struggle for independence and continuing today, has
received a fresh impulse in the successful completion and dedication of the
colossal statue of "Liberty Enlightening the World" in New York Harbor--the
gift of Frenchmen to Americans.
A convention between the United States and certain other powers for the
protection of submarine cables was signed at Paris on March 14, 1884, and
has been duly ratified and proclaimed by this Government. By agreement
between the high contracting parties this convention is to go into effect
on the 1st of January next, but the legislation required for its execution
in the United States has not yet been adopted. I earnestly recommend its
enactment.
Cases have continued to occur in Germany giving rise to much correspondence
in relation to the privilege of sojourn of our naturalized citizens of
German origin revisiting the land of their birth, yet I am happy to state
that our relations with that country have lost none of their accustomed
cordiality.
The claims for interest upon the amount of tonnage dues illegally exacted
from certain German steamship lines were favorably reported in both Houses
of Congress at the last session, and I trust will receive final and
favorable action at an early day.
The recommendations contained in my last annual message in relation to a
mode of settlement of the fishery rights in the waters of British North
America, so long a subject of anxious difference between the United States
and Great Britain, was met by an adverse vote of the Senate on April 13
last, and thereupon negotiations were instituted to obtain an agreement
with Her Britannic Majesty's Government for the promulgation of such joint
interpretation and definition of the article of the convention of 1818
relating to the territorial waters and inshore fisheries of the British
Provinces as should secure the Canadian rights from encroachment by the
United States fishermen and at the same time insure the enjoyment by the
latter of the privileges guaranteed to them by such convention.
The questions involved are of long standing, of grave consequence, and from
time to time for nearly three-quarters of a century have given rise to
earnest international discussions, not unaccompanied by irritation.
Temporary arrangements by treaties have served to allay friction, which,
however, has revived as each treaty was terminated. The last arrangement,
under the treaty of 1871, was abrogated after due notice by the United
States on June 30, 1885, but I was enabled to obtain for our fishermen for
the remainder of that season enjoyment of the full privileges accorded by
the terminated treaty.
The joint high commission by whom the treaty had been negotiated, although
invested with plenary power to make a permanent settlement, were content
with a temporary arrangement, after the termination of which the question
was relegated to the stipulations of the treaty of 1818, as to the first
article of which no construction satisfactory to both countries has ever
been agreed upon.
The progress of civilization and growth of population in the British
Provinces to which the fisheries in question are contiguous and the
expansion of commercial intercourse between them and the United States
present to-day a condition of affairs scarcely realizable at the date of
the negotiations of 1818.
New and vast interests have been brought into existence; modes of
intercourse between the respective countries have been invented and
multiplied; the methods of conducting the fisheries have been wholly
changed; and all this is necessarily entitled to candid and careful
consideration in the adjustment of the terms and conditions of intercourse
and commerce between the United States and their neighbors along a frontier
of over 3,500 miles.
This propinquity, community of language and occupation, and similarity of
political and social institutions indicate the practicability and obvious
wisdom of maintaining mutually beneficial and friendly relations.
Whilst I am unfeignedly desirous that such relations should exist between
us and the inhabitants of Canada, yet the action of their officials during
the past season toward our fishermen has been such as to seriously threaten
their continuance.
Although disappointed in my efforts to secure a satisfactory settlement of
the fishery question, negotiations are still pending, with reasonable hope
that before the close of the present session of Congress announcement may
be made that an acceptable conclusion has been reached.
As at an early day there may be laid before Congress the correspondence of
the Department of State in relation to this important subject, so that the
history of the past fishing season may be fully disclosed and the action
and the attitude of the Administration clearly comprehended, a more
extended reference is not deemed necessary in this communication.
The recommendation submitted last year that provision be made for a
preliminary reconnoissance of the conventional boundary line between Alaska
and British Columbia is renewed.
I express my unhesitating conviction that the intimacy of our relations
with Hawaii should be emphasized. As a result of the reciprocity treaty of
1875, those islands, on the highway of Oriental and Australasian traffic,
are virtually an outpost of American commerce and a stepping-stone to the
growing trade of the Pacific. The Polynesian Island groups have been so
absorbed by other and more powerful governments that the Hawaiian Islands
are left almost alone in the enjoyment of their autonomy, which it is
important for us should be preserved. Our treaty is now terminable on one
year's notice, but propositions to abrogate it would be, in my judgment,
most ill advised. The paramount influence we have there acquired, once
relinquished, could only with difficulty be regained, and a valuable ground
of vantage for ourselves might be converted into a stronghold for our
commercial competitors. I earnestly recommend that the existing treaty
stipulations be extended for a further term of seven years. A recently
signed treaty to this end is now before the Senate.
The importance of telegraphic communication between those islands and the
United States should not be overlooked.
The question of a general revision of the treaties of Japan is again under
discussion at Tokyo. As the first to open relations with that Empire, and
as the nation in most direct commercial relations with Japan, the United
States have lost no opportunity to testify their consistent friendship by
supporting the just claims of Japan to autonomy and independence among
nations.
A treaty of extradition between the United States and Japan, the first
concluded by that Empire, has been lately proclaimed.
The weakness of Liberia and the difficulty of maintaining effective
sovereignty over its outlying districts have exposed that Republic to
encroachment. It can not be forgotten that this distant community is an
offshoot of our own system, owing its origin to the associated benevolence
of American citizens, whose praiseworthy efforts to create a nucleus of
civilization in the Dark Continent have commanded respect and sympathy
everywhere, especially in this country. Although a formal protectorate over
Liberia is contrary to our traditional policy, the moral right and duty of
the United States to assist in all proper ways in the maintenance of its
integrity is obvious, and has been consistently announced during nearly
half a century. I recommend that in the reorganization of our Navy a small
vessel, no longer found adequate to our needs, be presented to Liberia, to
be employed by it in the protection of its coastwise revenues.
The encouraging development of beneficial and intimate relations between
the United States and Mexico, which has been so marked within the past few
years, is at once the occasion of congratulation and of friendly
solicitude. I urgently renew my former representation of the need or speedy
legislation by Congress to carry into effect the reciprocity commercial
convention of January 20, 1883.
Our commercial treaty of 1831 with Mexico was terminated, according to its
provisions, in 1881, upon notification given by Mexico in pursuance of her
announced policy of recasting all her commercial treaties. Mexico has since
concluded with several foreign governments new treaties of commerce and
navigation, defining alien rights of trade, property, and residence,
treatment of shipping, consular privileges, and the like. Our yet
unexecuted reciprocity convention of 1883 covers none of these points, the
settlement of which is so necessary to good relationship. I propose to
initiate with Mexico negotiations for a new and enlarged treaty of commerce
and navigation.
In compliance with a resolution of the Senate, I communicated to that body
on August 2 last, and also to the House of Representatives, the
correspondence in the case of A. K. Cutting, an American citizen, then
imprisoned in Mexico, charged with the commission of a penal offense in
Texas, of which a Mexican citizen was the object.
After demand had been made for his release the charge against him was
amended so as to include a violation of Mexican law within Mexican
territory.
This joinder of alleged offenses, one within and the other exterior to
Mexico, induced me to order a special investigation of the case, pending
which Mr. Cutting was released.
The incident has, however, disclosed a claim of jurisdiction by Mexico
novel in our history, whereby any offense committed anywhere by a
foreigner, penal in the place of its commission, and of which a Mexican is
the object, may, if the offender be found in Mexico, be there tried and
punished in conformity with Mexican laws.
This jurisdiction was sustained by the courts of Mexico in the Cutting
case, and approved by the executive branch of that Government, upon the
authority of a Mexican statute. The appellate court in releasing Mr.
Cutting decided that the abandonment of the complaint by the Mexican
citizen aggrieved by the alleged crime (a libelous publication) removed the
basis of further prosecution, and also declared justice to have been
satisfied by the enforcement of a small part of the original sentence.
The admission of such a pretension would be attended with serious results,
invasive of the jurisdiction of this Government and highly dangerous to our
citizens in foreign lands. Therefore I have denied it and protested against
its attempted exercise as unwarranted by the principles of law and
international usages.
A sovereign has jurisdiction of offenses which take effect within his
territory, although concocted or commenced outside of it; but the right is
denied of any foreign sovereign to punish a citizen of the United States
for an offense consummated on our soil in violation of our laws, even
though the offense be against a subject or citizen of such sovereign. The
Mexican statute in question makes the claim broadly, and the principle, if
conceded, would create a dual responsibility in the citizen and lead to
inextricable confusion, destructive of that certainty in the law which is
an essential of liberty.
When citizens of the United States voluntarily go into a foreign country,
they must abide by the laws there in force, and will not be protected by
their own Government from the consequences of an offense against those laws
committed in such foreign country; but watchful care and interest of this
Government over its citizens are not relinquished because they have gone
abroad, and if charged with crime committed in the foreign land a fair and
open trial, conducted with decent regard for justice and humanity, will be
demanded for them. With less than that this Government will not be content
when the life or liberty of its citizens is at stake.
Whatever the degree to which extraterritorial criminal jurisdiction may
have been formerly allowed by consent and reciprocal agreement among
certain of the European States, no such doctrine or practice was ever known
to the laws of this country or of that from which our institutions have
mainly been derived.
In the case of Mexico there are reasons especially strong for perfect
harmony in the mutual exercise of jurisdiction. Nature has made us
irrevocably neighbors, and wisdom and kind feeling should make us friends.
The overflow of capital and enterprise from the United States is a potent
factor in assisting the development of the resources of Mexico and in
building up the prosperity of both countries.
To assist this good work all grounds of apprehension for the security of
person and property should be removed; and I trust that in the interests of
good neighborhood the statute referred to will be so modified as to
eliminate the present possibilities of danger to the peace of the two
countries.
The Government of the Netherlands has exhibited concern in relation to
certain features of our tariff laws, which are supposed by them to be aimed
at a class of tobacco produced in the Dutch East Indies. Comment would seem
unnecessary upon the unwisdom of legislation appearing to have a special
national discrimination for its object, which, although unintentional, may
give rise to injurious retaliation.
The establishment, less than four years ago, of a legation at Teheran is
bearing fruit in the interest exhibited by the Shah's Government in the
industrial activity of the United States and the opportunities of
beneficial interchanges.
Stable government is now happily restored in Peru by the election of a
constitutional president, and a period of rehabilitation is entered upon;
but the recovery is necessarily slow from the exhaustion caused by the late
war and civil disturbances. A convention to adjust by arbitration claims of
our citizens has been proposed and is under consideration.
The naval officer who bore to Siberia the testimonials bestowed by Congress
in recognition of the aid given to the Jeannette survivors has successfully
accomplished his mission. His interesting report will be submitted. It is
pleasant to know that this mark of appreciation has been welcomed by the
Russian Government and people as befits the traditional friendship of the
two countries.
Civil perturbations in the Samoan Islands have during the past few years
been a source of considerable embarrassment to the three
Governments-Germany, Great Britain, and the United States--whose relations
and extraterritorial rights in that important group are guaranteed by
treaties. The weakness of the native administration and the conflict of
opposing interests in the islands have led King Malietoa to seek alliance
or protection in some one quarter, regardless of the distinct engagements
whereby no one of the three treaty powers may acquire any paramount or
exclusive interest. In May last Malietoa offered to place Samoa under the
protection of the United States, and the late consul, without authority,
assumed to grant it. The proceeding was promptly disavowed and the
overzealous official recalled. Special agents of the three Governments have
been deputed to examine the situation in the islands. With a change in the
representation of all three powers and a harmonious understanding between
them, the peace, prosperity, autonomous administration, and neutrality of
Samoa can hardly fail to be secured.
It appearing that the Government of Spain did not extend to the flag of the
United States in the Antilles the full measure of reciprocity requisite
under our statute for the continuance of the suspension of discriminations
against the Spanish flag in our ports, I was constrained in October last to
rescind my predecessor's proclamation of February 14, 1884, permitting such
suspension. An arrangement was, however, speedily reached, and upon
notification from the Government of Spain that all differential treatment
of our vessels and their cargoes, from the United States or from any
foreign country, had been completely and absolutely relinquished, I availed
myself of the discretion conferred by law and issued on the 27th of October
my proclamation declaring reciprocal suspension in the United States. It is
most gratifying to bear testimony to the earnest spirit in which the
Government of the Queen Regent has met our efforts to avert the initiation
of commercial discriminations and reprisals, which are ever disastrous to
the material interests and the political good will of the countries they
may affect.
The profitable development of the large commercial exchanges between the
United States and the Spanish Antilles is naturally an object of
solicitude. Lying close at our doors, and finding here their main markets
of supply and demand, the welfare of Cuba and Puerto Rico and their
production and trade are scarcely less important to us than to Spain. Their
commercial and financial movements are so naturally a part of our system
that no obstacle to fuller and freer intercourse should be permitted to
exist. The standing instructions of our representatives at Madrid and
Havana have for years been to leave no effort unessayed to further these
ends, and at no time has the equal good desire of Spain been more hopefully
manifested than now.
The Government of Spain, by removing the consular tonnage fees on cargoes
shipped to the Antilles and by reducing passport fees, has shown its
recognition of the needs of less trammeled intercourse.
An effort has been made during the past year to remove the hindrances to
the proclamation of the treaty of naturalization with the Sublime Porte,
signed in 1874, which has remained inoperative owing to a disagreement of
interpretation of the clauses relative to the effects of the return to and
sojourn of a naturalized citizen in the land of origin. I trust soon to be
able to announce a favorable settlement of the differences as to this
interpretation.
It has been highly satisfactory to note the improved treatment of American
missionaries in Turkey, as has been attested by their acknowledgments to
our late minister to that Government of his successful exertions in their
behalf.
The exchange of ratifications of the convention of December 5, 1885, with
Venezuela, for the reopening of the awards of the Caracas Commission under
the claims convention of 1866, has not yet been effected, owing to the
delay of the Executive of that Republic in ratifying the measure. I trust
that this postponement will be brief; but should it much longer continue,
the delay may well be regarded as a rescission of the compact and a failure
on the part of Venezuela to complete an arrangement so persistently sought
by her during many years and assented to by this Government in a spirit of
international fairness, although to the detriment of holders of bona fide
awards of the impugned commission.